{ "success" : true, "message" : "The document structure for PBH law", "responseType" : "law-tree", "result" : { "lawVersion" : { "lawId" : "PBH", "activeDate" : "2019-09-20" }, "info" : { "lawId" : "PBH", "name" : "Public Health", "lawType" : "CONSOLIDATED", "chapter" : "45" }, "publishedDates" : [ "2014-09-22", "2014-09-26", "2014-10-03", "2014-10-24", "2014-10-31", "2014-11-28", "2014-12-19", "2014-12-26", "2015-01-02", "2015-01-09", "2015-01-23", "2015-02-06", "2015-02-20", "2015-03-06", "2015-03-20", "2015-03-27", "2015-04-10", "2015-04-17", "2015-04-24", "2015-05-01", "2015-05-08", "2015-06-05", "2015-07-10", "2015-08-14", "2015-08-21", "2015-09-04", "2015-09-18", "2015-10-02", "2015-10-30", "2015-11-06", "2015-11-13", "2015-11-27", "2015-12-18", "2015-12-25", "2016-01-08", "2016-01-22", "2016-03-18", "2016-03-25", "2016-04-08", "2016-04-15", "2016-04-22", "2016-04-29", "2016-05-27", "2016-06-03", "2016-06-17", "2016-07-01", "2016-07-08", "2016-07-29", "2016-08-19", "2016-09-09", "2016-09-16", "2016-09-23", "2016-10-07", "2016-11-11", "2016-11-18", "2016-11-25", "2016-12-02", "2016-12-09", "2016-12-23", "2017-01-06", "2017-01-13", "2017-01-20", "2017-02-17", "2017-03-03", "2017-03-17", "2017-03-31", "2017-04-14", "2017-04-21", "2017-04-28", "2017-05-05", "2017-06-02", "2017-06-09", "2017-07-07", "2017-08-04", "2017-08-25", "2017-09-15", "2017-10-20", "2017-10-27", "2017-11-10", "2017-11-17", "2017-11-24", "2017-12-01", "2017-12-08", "2017-12-22", "2017-12-29", "2018-01-05", "2018-01-26", "2018-02-02", "2018-02-23", "2018-03-30", "2018-04-20", "2018-04-27", "2018-05-04", "2018-05-18", "2018-05-25", "2018-06-01", "2018-06-08", "2018-07-06", "2018-07-13", "2018-08-03", "2018-08-17", "2018-08-24", "2018-08-31", "2018-09-28", "2018-10-05", "2018-10-12", "2018-10-26", "2018-11-09", "2018-11-16", "2018-11-23", "2018-12-14", "2019-01-04", "2019-01-11", "2019-01-18", "2019-01-25", "2019-02-01", "2019-02-08", "2019-04-12", "2019-04-19", "2019-05-03", "2019-06-21", "2019-06-28", "2019-07-05", "2019-07-12", "2019-07-19", "2019-08-02", "2019-08-09", "2019-08-30", "2019-09-06", "2019-09-20", "2019-10-04", "2019-10-11", "2019-10-25", "2019-11-01", "2019-11-08", "2019-11-15", "2019-11-22", "2019-11-29", "2019-12-06", "2019-12-13", "2019-12-20", "2019-12-27", "2020-01-03", "2020-01-10", "2020-01-17", "2020-01-24", "2020-02-28", "2020-03-13", "2020-03-27", "2020-04-03", "2020-04-10", "2020-04-17", "2020-04-24", "2020-05-01", "2020-05-15", "2020-05-22", "2020-06-19", "2020-06-26", "2020-07-03", "2020-08-07", "2020-08-28", "2020-09-18", "2020-09-25", "2020-10-02", "2020-10-16", "2020-11-13", "2020-12-04", "2020-12-11", "2020-12-18", "2020-12-28", "2021-01-01", "2021-01-08", "2021-01-29", "2021-02-05", "2021-02-19", "2021-03-26", "2021-04-02", "2021-04-09", "2021-04-16", "2021-04-23", "2021-04-30", "2021-05-14", "2021-05-21", "2021-06-04", "2021-06-18", "2021-06-25", "2021-07-02", "2021-07-09", "2021-07-30", "2021-08-06", "2021-08-13", "2021-08-20", "2021-09-03", "2021-09-17", "2021-09-24", "2021-10-08", "2021-10-15", "2021-10-22", "2021-10-29", "2021-11-19", "2021-12-03", "2021-12-17", "2021-12-24", "2021-12-31", "2022-01-07", "2022-01-14", "2022-02-11", "2022-02-25", "2022-03-04", "2022-03-18", "2022-03-25", "2022-04-01", "2022-04-08", "2022-04-15", "2022-04-22", "2022-04-29", "2022-05-06", "2022-05-13", "2022-05-20", "2022-06-10", "2022-06-17", "2022-06-24", "2022-07-01", "2022-07-08", "2022-07-22", "2022-07-29", "2022-08-19", "2022-09-02", "2022-10-07", "2022-10-21", "2022-11-18", "2022-11-25", "2022-12-02", "2022-12-09", "2022-12-16", "2022-12-23", "2022-12-30", "2023-01-06", "2023-01-13", "2023-01-20", "2023-02-03", "2023-02-10", "2023-02-17", "2023-03-10", "2023-03-17", "2023-03-24", "2023-03-31", "2023-04-07", "2023-04-28", "2023-05-05", "2023-05-12", "2023-05-19", "2023-05-26", "2023-06-02", "2023-06-09", "2023-06-16", "2023-06-23", "2023-06-30", "2023-07-07", "2023-07-21", "2023-07-28", "2023-08-04", "2023-09-08", "2023-10-06", "2023-10-20", "2023-10-27", "2023-11-10", "2023-11-26", "2023-12-01", "2023-12-15", "2023-12-22", "2023-12-29", "2024-01-05", "2024-02-02", "2024-02-09", "2024-02-16", "2024-02-23", "2024-03-08", "2024-03-29", "2024-04-05", "2024-04-26", "2024-05-03", "2024-05-31", "2024-06-07", "2024-06-21", "2024-06-28", "2024-07-05", "2024-08-09", "2024-08-30", "2024-09-06", "2024-09-20", "2024-10-04", "2024-10-25", "2024-11-29", "2024-12-13", "2024-12-20", "2024-12-27", "2025-01-03", "2025-01-10", "2025-01-17", "2025-02-21", "2025-02-28", "2025-03-14", "2025-03-21", "2025-03-28", "2025-05-16", "2025-05-30", "2025-06-13", "2025-06-20", "2025-06-27", "2025-07-04", "2025-08-08", "2025-08-22", "2025-08-29", "2025-09-12", "2025-09-19", "2025-10-03", "2025-10-24", "2025-11-07", "2025-11-14", "2025-11-21", "2025-11-28", "2025-12-12", "2025-12-19", "2025-12-26", "2026-01-09", "2026-01-16", "2026-01-30", "2026-02-06", "2026-02-13", "2026-02-20", "2026-02-27", "2026-04-03", "2026-05-22", "2026-05-29", "2026-06-05", "2026-06-12", "2026-06-19" ], "documents" : { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "-CH45", "title" : "Public Health", "docType" : "CHAPTER", "publishedDates" : [ "2014-09-22", "2014-11-28", "2015-01-23", "2015-03-20", "2015-05-01", "2015-08-21", "2015-11-06", "2015-12-18", "2015-12-25", "2016-07-01", "2016-07-29", "2016-09-09", "2016-12-02", "2017-04-28", "2017-08-04", "2017-10-27", "2017-12-22", "2018-04-20", "2018-04-27", "2018-05-04", "2018-07-13", "2019-01-04", "2019-01-25", "2019-04-19", "2019-08-09", "2019-09-06", "2019-10-04", "2019-10-11", "2019-11-15", "2019-11-29", "2019-12-13", "2019-12-27", "2020-01-24", "2020-04-17", "2020-04-24", "2020-12-04", "2020-12-28", "2021-01-01", "2021-04-09", "2021-04-23", "2021-06-04", "2021-06-18", "2022-03-04", "2022-07-01", "2022-08-19", "2022-11-25", "2022-12-02", "2022-12-23", "2022-12-30", "2023-01-06", "2023-03-31", "2023-04-28", "2023-05-12", "2023-06-23", "2023-11-10", "2023-11-26", "2023-12-15", "2023-12-22", "2023-12-29", "2024-03-29", "2024-05-03", "2024-06-07", "2024-08-09", "2024-12-20", "2024-12-27", "2025-03-21", "2025-10-24", "2025-11-14", "2025-12-19", "2025-12-26", "2026-01-30", "2026-02-13", "2026-02-27", "2026-05-22" ], "docLevelId" : "45", "activeDate" : "2019-09-06", "sequenceNo" : 1, "repealedDate" : null, "fromSection" : "1", "toSection" : "5003", "text" : " CHAPTER 879\\n AN ACT in relation to the public health, constituting chapter\\n forty-five of the consolidated laws\\nBecame a law April 20, 1953, with the approval of the Governor. Passed,\\n by a majority vote, three-fifths being present\\n The People of the State of New York, represented in Senate and\\nAssembly, do enact as follows:\\n CHAPTER 45 OF THE CONSOLIDATED LAWS\\n PUBLIC HEALTH LAW\\nArticle\\n 1. Short title and definitions: general provisions\\n Title I. Short title and definitions (§§1-2).\\n II. General provisions (§§10-24).\\n III. Office of the medicaid inspector general\\n (§§30-36).\\n 2. The department of health.\\n Title I. Officers and employees (§§200--211-a).\\n II. The public health council (§§220-229).\\n II-A. Professional medical conduct (§§230--230-d).\\n * II-B. New York state health services corps\\n (§§231-233).\\n * NB Expired July 18, 1996\\n II-C. Charles D. Cook office of rural health\\n (§§234-237).\\n II-D. Health care practitioner referrals\\n (§§238--238-e).\\n II-E. HIV/HBV/HCV prevention training (§§239--239-b).\\n II-F. Office of minority health (§§240*-243*).\\n III. State health areas (§§240-243).\\n IV. Spinal cord injury research board (§§250-251).\\n V. Health care practitioner volunteer pilot\\n program (§260).\\n V*. Obesity prevention act (§§260*-263).\\n 5-A. Empire State Stem Cell Board (§§ 265--265-f).\\n VI. Women's Health (§§ 266-267).\\n 6. The 21st century workgroup for disease\\n elimination and reduction (§ 266).\\n VII. NY State of Health (§§ 268-268-h).\\n 2-A. Prescription drugs.\\n Title I. Preferred drug and clinical drug review\\n programs (§§ 270-277).\\n II. Prescription drugs; various provisions (§§\\n 278--280-c).\\n III. Prescription forms, electronic prescribing and\\n language assistance (§ 281).\\n 2-B. Drug take back (§§ 290-294).\\n 3. Local health organization.\\n Title I. Local boards of health; general provisions\\n (§§300-312).\\n II. Local health officers (§§320-329).\\n III. County and part-county health districts\\n (§§340-357).\\n IV. Certain cities (§§360-378).\\n V. State park health districts (§§380-383).\\n VI. Consolidated health districts (§§390-399).\\n 4. Property and hospitals in the department of health\\n Title I. General provisions (§§401-410).\\n II. Hospitals; boards of visitors (§§420-425).\\n IV. Hospitals; officers and employees (§§450-455).\\n 4-A. Regulation of body piercing and tattooing (§§460-467).\\n 4-B. Tongue-splitting (§470).\\n 5. Laboratories\\n Title I. General provisions: state laboratories;\\n approved laboratories (§§500-506).\\n II. County laboratories (§§520-528).\\n III. City laboratories (§§540-545).\\n IV. Laboratory supply stations (§§560-563).\\n V. Clinical laboratory and blood banking services\\n (§§570-581).\\n VI. Laboratory business practices (§§585-588).\\n 6. State aid to cities and counties\\n Title I. State aid for basic services (§§600-607).\\n II. State aid for additional services (§§608-613).\\n III. State aid; general provisions (§§614-621).\\n 6-A. Rape crisis intervention and prevention program\\n (§§695--695-e).\\n 7. Federal grants-in-aid (§§700-703).\\n 8. State health research council (§§800-803).\\n 9. Primary care education and training (§§900-907).\\n 9-A. New York state small business health insurance partnership\\n program (§§921-922).\\n 9-B. Primary Care Service Corps Practitioner Loan Repayment\\n Program (§§923-924).\\n 11. Public water supplies; sewerage and sewage control\\n Title I. Potable waters (§§1100--1114-a).\\n II. Realty subdivisions: water supply\\n (§§1115-1120).\\n II-A. Water supply emergency plans (§1125).\\n III. Annual water supply statement (§§1150-1153).\\n IV. Drinking water revolving fund (§§1160-1169).\\n 13. Nuisances and sanitation\\n Title I. General provisions: control and abatement\\n (§§1300-1310).\\n II. Noxious weeds and growths (§§1320-1321).\\n III. Tenement house sanitation (§1325).\\n IV. Labor camp sanitation (§1330).\\n V. Suppression of certain businesses\\n (§§1335-1336).\\n VI. Bathing establishments (§§1340-1342).\\n VII. Hotel sanitation (§§1345-1348).\\n VIII. Food handling (§§1350-1355).\\n IX. Location and disposition of radioactive gold\\n jewelry (§1360).\\n X. Control of lead poisoning (§§1370--1376-a).\\n XI. State aid; planning for construction of solid\\n waste management facilities (§§1380-1383).\\n XII. Toxic substances (§§1385-1389).\\n XII-A. Inactive hazardous waste disposal sites\\n (§§1389-a--1389-e).\\n XIII. Storage, treatment and disposal of infectious\\n waste (§§1389-aa--1389-gg).\\n 13-A. State camp safety advisory council (§1390).\\n 13-B. Regulation of overnight, summer day, and traveling summer day\\n camps for children (§§1391-1396).\\n 13-D. Regulation of housing; used as accommodations by employees of\\n certain motels and hotels (§§1399-j--1399-m).\\n 13-E. Regulation of smoking and vaping in certain public areas\\n (§§1399-n--1399-x).\\n 13-F. Regulation of tobacco products and herbal cigarettes;\\n distribution to minors (§§1399-aa--1399-mm).\\n 13-G. Tobacco escrow funds (§§1399-nn--1399-pp).\\n 13-H. Regulation of sharps (§§1399-ss--1399-ww).\\n 14. Regulation of camps for children (§§1400-1407).\\n 15. Insect control\\n Title I. Municipal insect control (§§1500-1503).\\n II. County insect control (§§1520-1531).\\n 16. Pesticide control board (§§1601-1609).\\n 20. Reporting of Alzheimer's Disease (§§2000--2004-a).\\n 20-a. Alzheimer's Community Assistance Program (§§2005-2009).\\n 21. Control of acute communicable diseases\\n Title I. General provisions (§§2100-2112).\\n II. Control of patients (§§2120-2125).\\n III. Human immunodeficiency virus (§§2130-2139).\\n IV. Rabies (§§2140-2146).\\n V. Typhoid fever (§§2150-2153).\\n VI. Poliomyelitis and Other Diseases (§§2160-2168).\\n VII. Hepatitis C (§§2170-2171).\\n 21-A. Long-term care resident and employee immunization act\\n (§§2190-2196).\\n 22. Control of tuberculosis\\n Title I. General provisions (§§2200-2207).\\n II. Control (§§2221-2230).\\n 23. Control of sexually transmissible diseases\\n Title I. Care and treatment (§§2300-2312).\\n II. Houses of prostitution: injunction and\\n abatement (§§2320-2334).\\n 24. Control of malignant diseases\\n Title I. General provisions (§§2400--2404-d).\\n Title I-A. Cancer Detection and Education Program\\n (§§2405--2409-a).\\n Title I-B. Health Research Science Board (§§2410-2413).\\n II. State institute for the study of malignant\\n diseases (§§2420-2423).\\n 24-A. Protection of human subjects (§§2440-2446).\\n 24-B. Information program on dioxin (§2475).\\n 24-C. Information program on low-level radioactive waste (§2485).\\n 24-D. New York state occupational health clinics oversight\\n committee (§§2490--2490-a).\\n 24-E. Information about hysterectomy (§§2495--2499-a).\\n 25. Maternal and child health\\n Title I. General provisions (§§2500-2509).\\n I-A. Child health insurance plan (§§2510-2511).\\n 1-B. Adolescent pregnancy prevention and services\\n program (§§ 2515-2515-c).\\n II. Prenatal care (§§2522-2532).\\n II-A. Early intervention program for infants and\\n toddlers with disabilities and their families\\n (§§2540--2559-b).\\n IV. Institutions for children (§§2570-2575).\\n V. Children with physical disabilities\\n (§§2580-2584).\\n VI*. Federal child care and adult food program\\n (§§2585-2589).\\n * VI. Emergency nutrition aid program for pregnant\\n women and adolescents (§§2590-2592)\\n * NB Expired March 31, 1986\\n VII. Youth sports (§ 2595).\\n VIII. Childhood obesity prevention program\\n (§§2599-a--2599-d).\\n 25-A. Reproductive health act (§§ 2599-aa--2599-bb).\\n 26. Helen Hayes Hospital (§§2600-2602).\\n 26-A. New York state veterans' home (§§2630-2635).\\n 27. Bureau of chronic disease and geriatrics (§§2700-2702).\\n 27-A. Osteoporosis prevention and education (§§2705-2706).\\n 27-AA. New York state kidney disease institute (§§ 2710-2712).\\n 27-B. Treatment of hypertension.\\n Title I. Mary Lasker Heart and Hypertension Institute\\n (§§2720-2722).\\n II. Centers for the treatment of hypertension\\n (§§2723-2724).\\n 27-C. Birth defects institute (§§2730-2733).\\n 27-CC. New York state traumatic brain injury program (§§2740-2744).\\n 27-D. New York state burns care institute (§§2750-2752).\\n 27-DD. State advisory panel on HIV/HBV infected health care workers\\n (§§2760-2761).\\n 27-E. The acquired immune deficiency syndrome institute\\n (§§2775-2779).\\n 27-F. HIV and AIDS related information (§§2780-2787).\\n 27-G. Cystic Fibrosis health care program (§2795).\\n 27-H*. Diabetes research and education program (§2796).\\n 27-H. The Tick-Borne Disease Institute (§§2797--2798).\\n 27-J. Comprehensive care centers for eating disorders\\n (§§2799-d--2799-i).\\n 27-K. New York Wellness Works (§§2799-o--2799-r).\\n 28. Hospitals (§§2800-2826).\\n 28-A. Nursing home companies (§§2850-2869).\\n 28-B. Hospital mortgage loan construction (§§2870-2883).\\n 28-C. Nurse manpower center (§§2890-2892).\\n 28-D. Practice of nursing home administration\\n Title I. General provisions and public policy\\n (§§2895--2895-a).\\n II. Licensing and registration (§§2896--2896-h).\\n III. Violations; penalties (§§2897--2897-d).\\n IV. Construction (§§2898--2898-a).\\n 28-E. Review of criminal history information concerning prospective\\n employees of nursing homes and home care services agencies\\n (§§2899--2899-a).\\n 29. Hospital survey, planning and review (§§2901-2907).\\n 29-A. Access to community health care services in rural areas.\\n Title I. Rural health care access (§§2950-2958).\\n 1-A. Rural dentistry pilot program (§2958-a).\\n 29-AA. Patient centered medical homes (§ 2959-a).\\n 29-B. Orders not to resuscitate (§§2960-2979).\\n 29-C. Health care agents and proxies (§§2980-2994).\\n 29-CC. Family health care decisions act (§§ 2994-a--2994-u).\\n 29-CCC. Nonhospital orders not to resuscitate (§§ 2994-aa--2994-gg).\\n 29-CCCC. CARE act (caregiver advise, record and enable act)\\n (§§ 2994-hh--2994-mm).\\n 29-D. Health information and quality improvement.\\n Title I. Health information (§§2995--2997-f).\\n 1-A. Safe patient handling (§§2997-g--2997-l).\\n II. Quality improvement (§§2998--2999-a).\\n 3. Pay for performance (§§2999-b--2999-f).\\n 4. New York state medical indemnity fund\\n (§§2999-g--2999-j).\\n 5. New York state hospital quality initiative\\n (§2999-m).\\n 29-E. Accountable care organizations demonstration program (§§\\n 2999-n--2999-r).\\n 29-F. Improved integration of health care and financing (§§\\n 2999-aa--2999-bb).\\n 29-G. Telehealth delivery of services (§§ 2999-cc--2999-dd).\\n 29-I. Medical services for foster children (§ 2999-gg).\\n 30. Emergency medical services (§§3000-3032).\\n 30-A. Emergency medical services personnel training act of nineteen\\n hundred eighty-six (§§3050-3054).\\n 30-B. Emergency medical, trauma and disaster care (§§3060-3066).\\n 30-C. Emergency medical services for children (§§3070-3075).\\n 31. Human blood and transfusion services\\n Title I. General provisions (§3100).\\n II. Regulation of the business of blood donating\\n (§§3120-3122).\\n III. Blood donors of the age of eighteen years or\\n over (§§3123-3124).\\n 32. Live pathogenic microorganisms or viruses (§§3200-3203).\\n 32-A. Recombinant DNA Experiments (§§3220-3223).\\n 33. Controlled substances\\n Title I. General provisions (§§3300-3309-a).\\n II. Manufacture and distribution of controlled\\n substances (§§3310-3322).\\n 2-A. Opioid stewardship act (§ 3323).\\n III. Research, instructional activities, and\\n chemical analysis relating to controlled\\n substances (§§3324-3329).\\n IV. Dispensing to ultimate users (§§3330-3345).\\n V. Dispensing to addicts and habitual users\\n (§§3350-3352).\\n V-A. Medical use of marihuana (§§ 3360--3369-e).\\n VI. Records and reports (§§3370-3374).\\n VII. Offenses, violations and enforcement\\n (§§3380-3397).\\n 33-A. Controlled substances therapeutic research act\\n (§§3397-a--3397-f).\\n 34. Funeral directing\\n Title I. General provisions (§§3400-3404).\\n II. Licensing and registration (§§3420-3429).\\n III. Practice of funeral directing; funeral\\n establishments (§§3440-3444).\\n IV. Enforcement and discipline; violations and\\n penalties (§§3450-3457).\\n 35. Practice of x-ray technology\\n Title I. General provisions and public policy\\n (§§3500-3501).\\n II. Licensing and registration (§§3502-3509).\\n III. Violations; penalties (§§3510-3514).\\n IV. Construction (§§3515-3518).\\n 35-A. Ultraviolet radiation devices (§§3550-3556).\\n 36. Home Care Services (§§3600-3622).\\n 36-A. Medical equipment service agencies (§§3650-3656).\\n 37. Physician's assistants and specialist's assistants\\n (§§3700-3703).\\n 37-A. Specialist assistants (§ 3710-3711).\\n 38. Veterans health manpower center (§§3800-3803).\\n 39. New York State Center for Agricultural Medicine and Health\\n (§§3900-3908).\\n 40. Hospice (§§4000-4015).\\n 41. Vital statistics\\n Title I. General provisions (§§4100-4104).\\n II. Registration districts: registrars, physicians,\\n midwives and funeral directors (§§ 4120-4124).\\n III. Registration of births (§§4130--4138-d).\\n III-A. Filing of certificates of dissolution of\\n marriage (§4139).\\n IV. Registration of deaths; burial permits\\n (§§4140-4148).\\n V. Registration of fetal deaths (§§4160-4163).\\n V-A. Induced viable births.\\n VI. Registration of persons in institutions\\n (§4165).\\n VII. Vital statistics records (§§4170-4179).\\n 42. Cadavers\\n Title I. Disposition (§§4200-4203).\\n II. Autopsy and dissection (§§4209-4222).\\n 43. Anatomical gifts (§§4300-4310).\\n 43-A. Request for consent to an anatomical gift (§4351).\\n 43-B. Organ, tissue and body parts procurement and storage\\n (§§4360-4368).\\n 44. Health maintenance organizations (§§4400-4416).\\n 45. Medical referral services (§§4500-4503).\\n 46. Continuing care retirement communities (§§4600-4624).\\n 46-A. Fee-for-service continuing care retirement communities\\n demonstration program (§§4650-4676).\\n 46-B. Assisted living.\\n Title I. Findings and definitions (§§4650*-4651*).\\n II. Assisted living (§§4652*-4653*).\\n III. Enhanced assisted living certificate\\n (§§4654*-4655*).\\n IV. General requirements (§§4656*-4663*).\\n 47. Shared health facilities (§§4700-4718).\\n 48. Toxic substances (§§4800-4808).\\n 49. Utilization review.\\n Title I. Certification of agents and utilization review\\n process (§§4900-4908).\\n II. Right to external appeal (§§4910-4917).\\n 50. Separability clause; saving clause; construction; laws\\n repealed; time of taking effect (§§5000-5003).\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A1", "title" : "Short Title and Definitions: General Provisions", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1", "activeDate" : "2014-09-22", "sequenceNo" : 2, "repealedDate" : null, "fromSection" : "1", "toSection" : "36", "text" : " ARTICLE I\\n SHORT TITLE AND DEFINITIONS: GENERAL PROVISIONS\\nTitle I. Short title and definitions (§§ 1-2).\\n II. General provisions (§§ 10-24).\\n III. Office of the Medicaid inspector general (§§ 30-36).\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A1T1", "title" : "Short Title and Definitions", "docType" : "TITLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1", "activeDate" : "2014-09-22", "sequenceNo" : 3, "repealedDate" : null, "fromSection" : "1", "toSection" : "2", "text" : " TITLE I\\n SHORT TITLE AND DEFINITIONS\\nSection 1. Short title.\\n 2. Definitions.\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "1", "title" : "Short title", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1", "activeDate" : "2014-09-22", "sequenceNo" : 4, "repealedDate" : null, "fromSection" : "1", "toSection" : "1", "text" : " § 1. Short title. This chapter shall be known as the \"Public Health\\nLaw.\"\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-01-02", "2015-03-20", "2016-01-08" ], "docLevelId" : "2", "activeDate" : "2016-01-08", "sequenceNo" : 5, "repealedDate" : null, "fromSection" : "2", "toSection" : "2", "text" : " § 2. Definitions. 1. Whenever used in this chapter, unless otherwise\\nexpressly stated or unless the context or subject matter requires a\\ndifferent meaning, the following terms shall have the respective\\nmeanings hereinafter set forth or indicated:\\n (a) Department. The term \"department\" means department of health of\\nthe state of New York.\\n (b) Commissioner. The term \"commissioner\" means commissioner of health\\nof the state of New York.\\n (c) Health district. The term \"health district\" means a county health\\ndistrict, part-county health district, city, town, village or\\nconsolidated health district having a separate board of health.\\n (d) County health district. The term \"county health district\" means a\\nhealth district comprising the entire county heretofore or hereafter\\nestablished.\\n (e) Part-county health district. The term \"part-county health\\ndistrict\" means all that part of a county outside of a city or cities\\nhaving a population of fifty thousand or more heretofore or hereafter\\nestablished as a health district.\\n (f) County department of health. The term \"county department of\\nhealth\" means that division of the county government having jurisdiction\\nover the public health of a county or part-county health district.\\n (g) County health commissioner. The term \"county health commissioner\"\\nmeans the executive officer of a county department of health.\\n (h) Local board of health. The term \"local board of health\" means the\\nboard of health of a county, part-county, city, village, town or\\nconsolidated health district.\\n (i) Municipality. The term \"municipality\" means a city, village, town\\nor consolidated health district.\\n (j) Local health officer. The term \"local health officer\" means the\\nhealth officer of a county, part-county, city, village, town or a\\nconsolidated health district.\\n (k) Sanitary code. The term \"sanitary code\" means sanitary code of the\\nstate of New York.\\n (l) Communicable disease. The term \"communicable disease\" means\\ninfectious, contagious or communicable disease.\\n (m) State institution in the department. The term \"state institution\\nin the department\" means any state hospital or institution subject to\\nthe jurisdiction, supervision and control of the state department of\\nhealth, and such other state hospitals and institutions as may hereafter\\nbe made subject to the jurisdiction, supervision and control of the\\nstate department of health.\\n (n) Sexually transmissible disease. The term \"sexually transmissible\\ndisease\" shall mean a disease that appears on the list of diseases\\npromulgated by the commissioner pursuant to section twenty-three hundred\\neleven of this chapter.\\n 2. Whenever the term \"state board of health\" occurs or any reference\\nis made thereto, in any law, it shall be deemed to mean or refer to the\\ndepartment as described in this article.\\n 3. Whenever the term \"public health council\" or \"state hospital review\\nand planning council\" occurs, or any reference is made thereto, in any\\nlaw, it shall be deemed to mean or refer to the public health and health\\nplanning council as described in article two of this chapter.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 2 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A1T2", "title" : "General Provisions", "docType" : "TITLE", "publishedDates" : [ "2014-09-22", "2019-12-20", "2024-05-03" ], "docLevelId" : "2", "activeDate" : "2014-09-22", "sequenceNo" : 6, "repealedDate" : null, "fromSection" : "10", "toSection" : "24", "text" : " TITLE II\\n GENERAL PROVISIONS\\nSection 10. Legal presumptions; evidence.\\n 11. Rules and regulations of the department; evidence.\\n 12. Violations of health laws or regulations; penalties and\\n injunctions.\\n 12-a. Formal hearings; notice and procedure.\\n 12-b. Wilful violation of health laws.\\n 12-c. Obstructing health officer in performance of his duty.\\n 12-d. Filing of certain information by medical facilities.\\n 13. Enforcement: against officers.\\n 14. Actions against persons rendering professional services at\\n the request of the department; defense and\\n indemnification.\\n 15. Examination and inspection of public works.\\n 16. Summary action.\\n 17. Release of medical records.\\n 18. Access to patient information.\\n 18*2. Registration and notification of boards of directors or\\n trustees of certain voluntary, not-for-profit facilities\\n or corporations.\\n 18-a. Disclosure of information.\\n 19. Reasonable charges for medicare beneficiaries.\\n 20. Accelerated death benefits.\\n 22. Health-related legal services program.\\n 23. Claim forms.\\n 24. Disclosure.\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "10", "title" : "Legal presumptions; evidence", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "10", "activeDate" : "2014-09-22", "sequenceNo" : 7, "repealedDate" : null, "fromSection" : "10", "toSection" : "10", "text" : " § 10. Legal presumptions; evidence. 1. The actions, proceedings,\\nauthority, and orders of the department in enforcing the provisions of\\nthe public health law and the sanitary code applying them to specific\\ncases shall at all times be regarded as in their nature judicial, and\\nshall be treated as prima facie just and legal.\\n 2. The written reports of state and local health officers, inspectors,\\ninvestigators, nurses and other representatives of state and local\\nhealth officers on questions of fact pertaining to, concerning or\\narising under and in connection with complaints, alleged violations,\\ninvestigations, proceedings, actions, authority and orders, related to\\nthe enforcement of this chapter, the sanitary code or any local health\\nregulation shall be presumptive evidence of the facts so stated therein,\\nand shall be received as such in all courts and places. The persons\\nmaking such reports shall be exempt from personal liability for the\\nstatements therein made, if they have acted in good faith.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "11", "title" : "Rules and regulations of the department; evidence", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "11", "activeDate" : "2014-09-22", "sequenceNo" : 8, "repealedDate" : null, "fromSection" : "11", "toSection" : "11", "text" : " § 11. Rules and regulations of the department; evidence. 1. The rules\\nand regulations of the department promulgated pursuant to the provisions\\nof this chapter may be read in evidence from the official compilation of\\ncodes, rules and regulations of the state of New York, or supplement\\nthereto. To entitle any copy of the said rules and regulations, other\\nthan those in the official compilation or supplement thereto, to be read\\nin evidence there shall be contained in the same book or pamphlet a\\nprinted certificate of the secretary of state that such copy is a\\ncorrect transcript of the text of the said rules and regulations as\\npublished in the official compilation or supplement thereto. For such a\\ncertificate the secretary of state shall collect such a fee as he shall\\ndeem just and reasonable.\\n 2. All regulations of the department on file in the department and in\\nthe office of the secretary of state on the date when this chapter takes\\neffect shall continue to be binding and in force except as may be\\ninconsistent with this chapter and as amended or repealed from time to\\ntime.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "12", "title" : "Violations of health laws or regulations; penalties and injunctions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2017-04-28", "2020-04-17", "2023-05-12", "2023-06-23", "2026-05-29" ], "docLevelId" : "12", "activeDate" : "2017-04-28", "sequenceNo" : 9, "repealedDate" : null, "fromSection" : "12", "toSection" : "12", "text" : " § 12. Violations of health laws or regulations; penalties and\\ninjunctions. * 1. (a) Except as provided in paragraphs (b) and (c) of\\nthis subdivision, any person who violates, disobeys or disregards any\\nterm or provision of this chapter or of any lawful notice, order or\\nregulation pursuant thereto for which a civil penalty is not otherwise\\nexpressly prescribed by law, shall be liable to the people of the state\\nfor a civil penalty of not to exceed two thousand dollars for every such\\nviolation.\\n (b) The penalty provided for in paragraph (a) of this subdivision may\\nbe increased to an amount not to exceed five thousand dollars for a\\nsubsequent violation if the person committed the same violation, with\\nrespect to the same or any other person or persons, within twelve months\\nof the initial violation for which a penalty was assessed pursuant to\\nparagraph (a) of this subdivision and said violations were a serious\\nthreat to the health and safety of an individual or individuals.\\n (c) The penalty provided for in paragraph (a) of this subdivision may\\nbe increased to an amount not to exceed ten thousand dollars if the\\nviolation directly results in serious physical harm to any patient or\\npatients.\\n Effective on and after April first, two thousand eight the comptroller\\nis hereby authorized and directed to deposit amounts collected in excess\\nof two thousand dollars per violation to the patient safety center\\naccount to be used for purposes of the patient safety center created by\\ntitle two of article twenty-nine-D of this chapter.\\n * NB Effective until April 1, 2020\\n * 1. Any person who violates, disobeys or disregards any term or\\nprovision of this chapter or of any lawful notice, order or regulation\\npursuant thereto for which a civil penalty is not otherwise expressly\\nprescribed by law, shall be liable to the people of the state for a\\ncivil penalty of not to exceed two thousand dollars for every such\\nviolation.\\n * NB Effective April 1, 2020\\n 2. The penalty provided for in subdivision one of this section may be\\nrecovered by an action brought by the commissioner in any court of\\ncompetent jurisdiction.\\n 3. Nothing in this section contained shall be construed to alter or\\nrepeal any existing provision of law declaring such violations or any of\\nthem to be misdemeanors or felonies or prescribing the penalty therefor.\\n 4. Such civil penalty may be released or compromised by the\\ncommissioner before the matter has been referred to the attorney\\ngeneral, and where such matter has been referred to the attorney\\ngeneral, any such penalty may be released or compromised and any action\\ncommenced to recover the same may be settled and discontinued by the\\nattorney general with the consent of the commissioner.\\n 5. It shall be the duty of the attorney general upon the request of\\nthe commissioner to bring an action for an injunction against any person\\nwho violates, disobeys or disregards any term or provision of this\\nchapter or of any lawful notice, order or regulation pursuant thereto;\\nprovided, however, that the commissioner shall furnish the attorney\\ngeneral with such material, evidentiary matter or proof as may be\\nrequested by the attorney general for the prosecution of such an action.\\n 6. It is the purpose of this section to provide additional and\\ncumulative remedies, and nothing herein contained shall abridge or alter\\nrights of action or remedies now or hereafter existing, nor shall any\\nprovision of this section, nor any action done by virtue of this\\nsection, be construed as estopping the state, persons or municipalities\\nin the exercising of their respective rights to suppress nuisances or to\\nprevent or abate pollution.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "12-A", "title" : "Formal hearings; notice and procedure", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "12-A", "activeDate" : "2014-09-22", "sequenceNo" : 10, "repealedDate" : null, "fromSection" : "12-A", "toSection" : "12-A", "text" : " § 12-a. Formal hearings; notice and procedure. 1. The commissioner,\\nor any person designated by him for this purpose, may issue subpoenas\\nand administer oaths in connection with any hearing or investigation\\nunder or pursuant to this chapter, and it shall be the duty of the\\ncommissioner and any persons designated by him for such purpose to issue\\nsubpoenas at the request of and upon behalf of the respondent.\\n 2. The commissioner and those designated by him shall not be bound by\\nthe laws of evidence in the conduct of hearing proceedings, but the\\ndetermination shall be founded upon sufficient legal evidence to sustain\\nit.\\n 3. Notice of hearing shall be served at least fifteen days prior to\\nthe date of the hearing, provided that, whenever because of danger to\\nthe public health it appears prejudicial to the interests of the people\\nof the state to delay action for fifteen days, the commissioner may\\nserve the respondent with an order requiring certain action or the\\ncessation of certain activities immediately or within a specified period\\nof less than fifteen days and the commissioner shall provide an\\nopportunity to be heard within fifteen days after the date the order is\\nserved.\\n 4. Service of notice of hearing or order shall be made by personal\\nservice or by registered or certified mail. Where service, whether by\\npersonal service or by registered or certified mail, is made upon an\\ninfant, incompetent, partnership, corporation, governmental subdivision,\\nboard or commission, it shall be made upon the person or persons\\ndesignated to receive personal service by article three of the civil\\npractice law and rules.\\n 5. The attorney-general may prefer charges, attend hearings, present\\nthe facts, and take any and all proceedings in connection therewith.\\n 6. At a hearing, the respondent may appear personally, shall have the\\nright of counsel, and may cross-examine witnesses against him and\\nproduce evidence and witnesses in his behalf.\\n 7. Following a hearing, the commissioner may make appropriate\\ndeterminations and issue an order in accordance therewith.\\n 8. The commissioner may adopt, amend and repeal administrative rules\\nand regulations governing the procedures to be followed with respect to\\nhearings, such rules to be consistent with the policy and purpose of\\nthis chapter and the effective and fair enforcement of its provisions.\\n 9. The provisions of this section shall be applicable to all hearings\\nheld pursuant to this chapter, except where other provisions of this\\nchapter applicable thereto are inconsistent therewith, in which event\\nsuch other provisions shall apply.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "12-B", "title" : "Wilful violation of health laws", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2017-04-28", "2020-04-17", "2023-05-12", "2023-06-23", "2026-05-29" ], "docLevelId" : "12-B", "activeDate" : "2017-04-28", "sequenceNo" : 11, "repealedDate" : null, "fromSection" : "12-B", "toSection" : "12-B", "text" : " § 12-b. Wilful violation of health laws. 1. A person who wilfully\\nviolates or refuses or omits to comply with any lawful order or\\nregulation prescribed by any local board of health or local health\\nofficer, is guilty of a misdemeanor; except, however, that where such\\norder or regulation applies to a tenant with respect to his own dwelling\\nunit or to an owner occupied one or two family dwelling, such person is\\nguilty of an offense for the first violation punishable by a fine not to\\nexceed fifty dollars and for a second or subsequent violation is guilty\\nof a misdemeanor punishable by a fine not to exceed five hundred dollars\\nor by imprisonment not to exceed six months or by both such fine and\\nimprisonment.\\n * 2. A person who wilfully violates any provision of this chapter, or\\nany regulation lawfully made or established by any public officer or\\nboard under authority of this chapter, the punishment for violating\\nwhich is not otherwise prescribed by this chapter or any other law, is\\npunishable by imprisonment not exceeding one year, or by a fine not\\nexceeding ten thousand dollars or by both. Effective on and after April\\nfirst, two thousand eight the comptroller is hereby authorized and\\ndirected to deposit amounts collected in excess of two thousand dollars\\nper violation to the patient safety center account to be used for\\npurposes of the patient safety center created by title two of article\\ntwenty-nine-D of this chapter.\\n * NB Effective until April 1, 2020\\n * 2. A person who wilfully violates any provision of this chapter, or\\nany regulation lawfully made or established by any public officer or\\nboard under authority of this chapter, the punishment for violating\\nwhich is not otherwise prescribed by this chapter or any other law, is\\npunishable by imprisonment not exceeding one year, or by a fine not\\nexceeding two thousand dollars or by both.\\n * NB Effective April 1, 2020\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "12-C", "title" : "Obstructing health officer in performance of his duty", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "12-C", "activeDate" : "2014-09-22", "sequenceNo" : 12, "repealedDate" : null, "fromSection" : "12-C", "toSection" : "12-C", "text" : " § 12-c. Obstructing health officer in performance of his duty. A\\nperson who wilfully opposes or obstructs a health officer or physician\\ncharged with enforcement of the health laws, in performing any legal\\nduty, is guilty of a misdemeanor.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "12-D", "title" : "Filing of certain information by medical facilities", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "12-D", "activeDate" : "2014-09-22", "sequenceNo" : 13, "repealedDate" : null, "fromSection" : "12-D", "toSection" : "12-D", "text" : " § 12-d. Filing of certain information by medical facilities. 1. In\\nthe event a medical facility fails to file the required financial and\\nstatistical reports, or specific additional data related to the rate\\nsetting process, on or before the prescribed due dates, or as the same\\nmay be extended by the commissioner, the commissioner shall reduce the\\ncurrent rate established for payments by governmental agencies by up to\\ntwo percent for a period beginning on the first day of the calendar\\nmonth following the original due date of the required reports or\\nadditional data and continuing until the last day of the calendar month\\nin which said reports or data are filed.\\n 2. If the financial and statistical reports required by this section\\nare determined by the commissioner to be incomplete, inaccurate or\\nincorrect, the medical facility will have thirty days from the date of\\nreceipt of notification to provide the corrected or additional data.\\nFailure to file the corrected or additional data that was previously\\nrequired within such thirty day period, or as the same may be extended\\nby the commissioner, shall result in a reduction of the current rate in\\naccordance with subdivision one of this section.\\n 3. For purposes of this section, \"specific additional data related to\\nthe rate setting process\", shall mean those for use in a wage geographic\\ndifferential survey, a peer grouping data survey and a medical supplies\\nsurvey and a malpractice insurance survey, as well as other information\\nintended for use in establishing rates. The commissioner shall supply\\neach medical facility with preliminary information concerning the data\\nthat will be required prior to the start of each rate period. Failure\\nto file such additional data within thirty days from the date of receipt\\nof notification to supply such information, or as the same may be\\nextended by the commissioner, shall result in a reduction of the current\\nrate in accordance with subdivision one of this section.\\n 4. For the purposes of this section, \"medical facility\" shall mean a\\nresidential health care facility, general hospital, free-standing\\nambulatory care facility, diagnostic and/or treatment center and clinic\\nauthorized under article twenty-eight of this chapter, and a certified\\nhome health agency and long term home health care program authorized\\nunder article thirty-six of this chapter.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "13", "title" : "Enforcement: against officers", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "13", "activeDate" : "2014-09-22", "sequenceNo" : 14, "repealedDate" : null, "fromSection" : "13", "toSection" : "13", "text" : " § 13. Enforcement: against officers. The performance of any duty or\\nthe doing of any act enjoined, prescribed or required by this chapter,\\nmay be enforced by a proceeding pursuant to article seventy-eight of the\\ncivil practice law and rules at the instance of the department or of a\\nlocal board of health, or of any citizen of full age resident of the\\nmunicipality where the duty should be performed or the act done.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "14", "title" : "Actions against persons rendering professional services at the request of the department; defense and indemnification", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "14", "activeDate" : "2014-09-22", "sequenceNo" : 15, "repealedDate" : null, "fromSection" : "14", "toSection" : "14", "text" : " § 14. Actions against persons rendering professional services at the\\nrequest of the department; defense and indemnification. The provisions\\nof section seventeen of the public officers law shall apply to any\\nphysician, dentist, nurse or other health care professional who: (i) is\\nlicensed to practice pursuant to article one hundred thirty-one, one\\nhundred thirty-one-B, one hundred thirty-three, one hundred thirty-six,\\none hundred thirty-seven, one hundred thirty-nine, one hundred\\nforty-three, one hundred fifty-six, one hundred fifty-seven, one hundred\\nfifty-nine or one hundred sixty-four of the education law and who is\\nrendering professional treatment or consultation in connection with\\nprofessional treatment authorized under such license at the request of\\nthe department, or at a departmental facility, including clinical\\npractice provided pursuant to a clinical practice plan established\\npursuant to subdivision fourteen of section two hundred six of this\\nchapter, to patients receiving care or professional consultation from\\nthe department while rendering such professional treatment or\\nconsultation; (ii) is rendering consultation in connection with an audit\\nor prepayment review of claims or treatment requests under the medical\\nassistance program; or (iii) assists the department as consultants or\\nexpert witnesses in the investigation or prosecution of alleged\\nviolations of article twenty-eight, thirty-six, forty-four or\\nforty-seven of this chapter or rules and regulations adopted pursuant\\nthereto.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "15", "title" : "Examination and inspection of public works", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "15", "activeDate" : "2014-09-22", "sequenceNo" : 16, "repealedDate" : null, "fromSection" : "15", "toSection" : "15", "text" : " § 15. Examination and inspection of public works. All persons having\\nthe control, charge or custody of any public structure, work or ground,\\nor of any plan, description, outline, drawing or chart thereof or\\nrelating thereto, made, kept or controlled by or under any public\\nauthority, shall permit and facilitate the examination, inspection and\\ncopying thereof by the commissioner, or by any person authorized by him\\nto make such examination or inspection of such copies.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "16", "title" : "Summary action", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "16", "activeDate" : "2014-09-22", "sequenceNo" : 17, "repealedDate" : null, "fromSection" : "16", "toSection" : "16", "text" : " § 16. Summary action. Whenever the commissioner, after investigation,\\nis of the opinion that any person is causing, engaging in or maintaining\\na condition or activity which in his opinion constitutes danger to the\\nhealth of the people, and that it therefore appears to be prejudicial to\\nthe interests of the people to delay action for fifteen days until an\\nopportunity for a hearing can be provided in accordance with the\\nprovisions of section twelve-a of this chapter, the commissioner shall\\norder the person, including any state agency or political subdivision\\nhaving jurisdiction, by written notice to discontinue such dangerous\\ncondition or activity or take certain action immediately or within a\\nspecified period of less than fifteen days. As promptly as possible\\nthereafter, within not to exceed fifteen days, the commissioner shall\\nprovide the person an opportunity to be heard and to present any proof\\nthat such condition or activity does not constitute a danger to the\\nhealth of the people.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "17", "title" : "Release of medical records", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2017-09-15" ], "docLevelId" : "17", "activeDate" : "2017-09-15", "sequenceNo" : 18, "repealedDate" : null, "fromSection" : "17", "toSection" : "17", "text" : " § 17. Release of medical records. Upon the written request of any\\ncompetent patient, parent or guardian of an infant, a guardian appointed\\npursuant to article eighty-one of the mental hygiene law, or conservator\\nof a conservatee, an examining, consulting or treating physician or\\nhospital must release and deliver, exclusive of personal notes of the\\nsaid physician or hospital, copies of all x-rays, medical records and\\ntest records including all laboratory tests regarding that patient to\\nany other designated physician or hospital provided, however, that such\\nrecords concerning the treatment of an infant patient for venereal\\ndisease or the performance of an abortion operation upon such infant\\npatient shall not be released or in any manner be made available to the\\nparent or guardian of such infant, and provided, further, that original\\nmammograms, rather than copies thereof, shall be released and delivered.\\nEither the physician or hospital incurring the expense of providing\\ncopies of x-rays, medical records and test records including all\\nlaboratory tests pursuant to the provisions of this section may impose a\\nreasonable charge to be paid by the person requesting the release and\\ndeliverance of such records as reimbursement for such expenses,\\nprovided, however, that the physician or hospital may not impose a\\ncharge for copying an original mammogram when the original has been\\nreleased or delivered to any competent patient, parent or guardian of an\\ninfant, a guardian appointed pursuant to article eighty-one of the\\nmental hygiene law, or a conservator of a conservatee and provided,\\nfurther, that any charge for delivering an original mammogram pursuant\\nto this section shall not exceed the documented costs associated\\ntherewith. However, the reasonable charge for paper copies shall not\\nexceed seventy-five cents per page. A release of records under this\\nsection shall not be denied solely because of inability to pay. No\\ncharge may be imposed under this section for providing, releasing, or\\ndelivering medical records or copies of medical records where requested\\nfor the purpose of supporting an application, claim or appeal for any\\ngovernment benefit or program, provided that, where a provider maintains\\nmedical records in electronic form, it shall provide the copy in either\\nelectronic or paper form, as required by the government benefit or\\nprogram, or at the patient's request.\\n For the purposes of this section the term \"laboratory tests\" shall\\ninclude but not be limited to tests and examinations administered in\\nclinical laboratories or blood banks as those terms are defined in\\nsection five hundred seventy-one of this chapter.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "18", "title" : "Access to patient information", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2017-09-15", "2019-11-01", "2024-10-04" ], "docLevelId" : "18", "activeDate" : "2017-09-15", "sequenceNo" : 19, "repealedDate" : null, "fromSection" : "18", "toSection" : "18", "text" : " * § 18. Access to patient information. 1. Definitions. For the purpose\\nof this section:\\n (a) \"Committee\" means a medical access review committee appointed\\npursuant to subdivision four of this section.\\n (b) \"Health care provider\" or \"provider\" means a \"health care\\nfacility\" or a \"health care practitioner\" as defined by this\\nsubdivision.\\n (c) \"Health care facility\" or \"facility\" means a hospital as defined\\nin article twenty-eight of this chapter, a home care services agency as\\ndefined in article thirty-six of this chapter, a hospice as defined in\\narticle forty of this chapter, a health maintenance organization as\\ndefined in article forty-four of this chapter, and a shared health\\nfacility as defined in article forty-seven of this chapter.\\n (d) \"Health care practitioner\" or \"practitioner\" means a person\\nlicensed under article one hundred thirty-one, one hundred thirty-one-B,\\none hundred thirty-two, one hundred thirty-three, one hundred\\nthirty-six, one hundred thirty-nine, one hundred forty-one, one hundred\\nforty-three, one hundred forty-four, one hundred fifty-three, one\\nhundred fifty-four, one hundred fifty-six or one hundred fifty-nine of\\nthe education law or a person certified under section twenty-five\\nhundred sixty of this chapter.\\n (e) \"Patient information\" or \"information\" means any information\\nconcerning or relating to the examination, health assessment including,\\nbut not limited to, a health assessment for insurance and employment\\npurposes or treatment of an identifiable subject maintained or possessed\\nby a health care facility or health care practitioner who has provided\\nor is providing services for assessment of a health condition including,\\nbut not limited to, a health assessment for insurance and employment\\npurposes or has treated or is treating such subject, except (i)\\ninformation and clinical records subject to the provisions of section\\n23.05 or 33.13 of the mental hygiene law, (ii) personal notes and\\nobservations of a health care practitioner, provided that such personal\\nnotes and observations are maintained by the practitioner and not\\ndisclosed by the practitioner to any other person after January first,\\nnineteen hundred eighty-seven, (iii) information maintained by a\\npractitioner, concerning or relating to the prior examination or\\ntreatment of a subject received from another practitioner, provided\\nhowever, that such information may be requested by the subject directly\\nfrom such other practitioner in accordance with the provisions of this\\nsection, and (iv) data disclosed to a practitioner in confidence by\\nother persons on the basis of an express condition that such data would\\nnever be disclosed to the subject or other persons, provided that such\\ndata has never been disclosed to any other person. If at any time such\\npersonal notes and observations or such data is disclosed, it shall be\\nconsidered patient information for purposes of this section. For\\npurposes of this subdivision, \"disclosure to any other person\" shall not\\ninclude disclosures made to practitioners as part of a consultation or\\nreferral during the treatment of the subject, to persons reviewing\\ninformation or records in the ordinary course of ensuring that a\\nprovider is in compliance with applicable quality of care, licensure or\\naccreditation standards, to an employee or official of a federal, state\\nor local agency for the sole purpose of conducting an audit in the\\ncourse of his or her official duties, to the statewide planning and\\nresearch cooperative system, to other persons pursuant to a court order,\\nto governmental agencies, insurance companies licensed pursuant to the\\ninsurance law and other third parties requiring information necessary\\nfor payments to be made to or on behalf of patients, to qualified\\nresearchers, to the state board for professional medical conduct when\\nsuch board requests such information in the exercise of its statutory\\nfunction, to an insurance carrier insuring, or an attorney consulted by,\\na health care provider, or to a health maintenance organization\\ncertified pursuant to article forty-four of this chapter or licensed\\npursuant to the insurance law, or to the committee or a court pursuant\\nto the provisions of this section.\\n For purposes of this subdivision treatment of a subject shall not\\ninclude diagnostic services, except mammography, performed by a\\npractitioner at the request of another health care practitioner\\nprovided, however, that such information, and mammograms, may be\\nrequested by the subject directly from the practitioner at whose request\\nsuch diagnostic services were performed, in accordance with the\\nprovisions of this section.\\n (f) \"Personal notes and observations\" means a practitioner's\\nspeculations, impressions (other than tentative or actual diagnosis) and\\nreminders, provided such data is maintained by a practitioner.\\n (g) \"Qualified person\" means any properly identified subject; or a\\nguardian appointed under article eighty-one of the mental hygiene law;\\nor a parent of an infant; or a guardian of an infant appointed under\\narticle seventeen of the surrogate's court procedure act or other\\nlegally appointed guardian of an infant who may be entitled to request\\naccess to a clinical record under paragraph (c) of subdivision two of\\nthis section; or a distributee of any deceased subject for whom no\\npersonal representative, as defined in the estates, powers and trusts\\nlaw, has been appointed; or an attorney representing a qualified person\\nor the subject's estate who holds a power of attorney from the qualified\\nperson or the subject's estate explicitly authorizing the holder to\\nexecute a written request for patient information under this section. A\\nqualified person shall be deemed a \"personal representative of the\\nindividual\" for purposes of the federal health insurance portability and\\naccountability act of 1996 and its implementing regulations.\\n (h) \"Subject\" means an individual concerning whom patient information\\nis maintained or possessed by a health care provider.\\n (i) \"Treating practitioner\" means the health care practitioner who has\\nprimary responsibility for the care of the subject within the health\\ncare facility or if such practitioner is unavailable, a practitioner\\ndesignated by such facility.\\n 2. Access by qualified persons. (a) Subject to the provisions of\\nsubdivision three of this section, upon the written request of any\\nsubject, a health care provider shall provide an opportunity, within ten\\ndays, for such subject to inspect any patient information concerning or\\nrelating to the examination or treatment of such subject in the\\npossession of such health care provider.\\n (b) Subject to the provisions of subdivision three of this section,\\nupon the written request of the committee for an incompetent appointed\\npursuant to article seventy-eight of the mental hygiene law, a health\\ncare provider shall provide an opportunity, within ten days, for the\\ninspection by such committee of any patient information concerning the\\nincompetent subject in the possession of such health care provider.\\n (c) Subject to the provisions of subdivision three of this section and\\nexcept as otherwise provided by law, upon the written request of a\\nparent or guardian of an infant appointed pursuant to article seventeen\\nof the surrogate's court procedure act, or any other legally appointed\\nguardian, a health care provider shall provide an opportunity, within\\nten days, for such parent or guardian to inspect any patient information\\nmaintained or possessed by such provider concerning care and treatment\\nof the infant for which the consent of such parent or guardian was\\nobtained or where care was provided without consent in an emergency\\nwhich was the result of accidental injury or the unexpected onset of\\nserious illness; provided, however, that such parent or guardian shall\\nnot be entitled to inspect or make copies of any patient information\\nconcerning the care and treatment of an infant where the health care\\nprovider determines that access to the information requested by such\\nparent or guardian would have a detrimental effect on the provider's\\nprofessional relationship with the infant, or on the care and treatment\\nof the infant, or on the infant's relationship with his or her parents\\nor guardian.\\n (d) Subject to the provisions of subdivision three of this section,\\nupon the written request of any qualified person, a health care provider\\nshall furnish to such person, within a reasonable time, a copy of any\\npatient information requested, and original mammograms requested, which\\nthe person is authorized to inspect pursuant to this subdivision.\\n (e) The provider may impose a reasonable charge for all inspections\\nand copies, not exceeding the costs incurred by such provider, provided,\\nhowever, that a provider may not impose a charge for copying an original\\nmammogram when the original has been furnished to any qualified person\\nand provided, further, that any charge for furnishing an original\\nmammogram pursuant to this section shall not exceed the documented costs\\nassociated therewith. However, the reasonable charge for paper copies\\nshall not exceed seventy-five cents per page. A qualified person shall\\nnot be denied access to patient information solely because of inability\\nto pay. No charge may be imposed under this section for providing,\\nreleasing, or delivering patient information or copies of patient\\ninformation where requested for the purpose of supporting an\\napplication, claim or appeal for any government benefit or program,\\nprovided that, where a provider maintains patient information in\\nelectronic form, it shall provide the copy in either electronic or paper\\nform, as required by the government benefit or program, or at the\\npatient's request.\\n (f) A provider may place reasonable limitations on the time, place,\\nand frequency of any inspections of patient information.\\n (g) In the event that a practitioner does not have space available to\\npermit the inspection of patient information, the practitioner may, in\\nthe alternative, furnish a qualified person a copy of such information\\nwithin ten days.\\n (h) A provider may request the opportunity to review the patient\\ninformation with the qualified person requesting such information, but\\nsuch review shall not be a prerequisite for furnishing the information.\\n (i) A provider may make available for inspection either the original\\nor a copy of patient information.\\n 3. Limitations on access. (a) Upon receipt of a written request by a\\nqualified person to inspect or copy patient information, a practitioner\\nmay review the information requested. Unless the practitioner determines\\npursuant to paragraph (d) of this subdivision that (i) the requested\\nreview of the information can reasonably be expected to cause\\nsubstantial and identifiable harm to the subject or others which would\\noutweigh the qualified person's right to access to the information, or\\n(ii) the material requested is personal notes and observations, or the\\ninformation requested would have a detrimental effect as defined in\\nsubdivision two of this section, review of such patient information\\nshall be permitted or copies provided.\\n (b) Upon receipt of a written request by a qualified person to inspect\\npatient information maintained by a facility, the facility shall inform\\nthe treating practitioner of the request. The treating practitioner may\\nreview the information requested. Unless the treating practitioner\\ndetermines, pursuant to paragraph (d) of this subdivision that the\\nrequested review of the information can reasonably be expected to cause\\nsubstantial and identifiable harm to the subject or others which would\\noutweigh the qualified person's right of access to the information or\\nwould have a detrimental effect as defined in subdivision two of this\\nsection, review of such patient information shall be permitted or copies\\nprovided.\\n (c) A subject over the age of twelve years may be notified of any\\nrequest by a qualified person to review his/her patient information,\\nand, if the subject objects to disclosure, the provider may deny the\\nrequest. In the case of a facility, the treating practitioner shall be\\nconsulted.\\n (d) The provider may deny access to all or a part of the information\\nand may grant access to a prepared summary of the information if, after\\nconsideration of all the attendant facts and circumstances, the provider\\ndetermines that (i) the request to review all or a part of the patient\\ninformation can reasonably be expected to cause substantial and\\nidentifiable harm to the subject or others which would outweigh the\\nqualified person's right of access to the information, or would have a\\ndetrimental effect as defined in subdivision two of this section, or\\n(ii) the material requested is personal notes and observations. In\\nconducting such review, the provider may consider, among other things,\\nthe following factors: (i) the need for, and the fact of, continuing\\ncare and treatment; (ii) the extent to which the knowledge of the\\ninformation may be harmful to the health or safety of the subject or\\nothers; (iii) the extent to which the information contains sensitive\\nmaterial disclosed in confidence to the practitioner or treating\\npractitioner by family members, friends and other persons; (iv) the\\nextent to which the information contains sensitive materials disclosed\\nto the practitioner or the treating practitioner by the subject which\\nwould be injurious to the subject's relationships with other persons,\\nexcept when the subject is requesting information concerning himself or\\nherself; and (v) in the case of a minor making a request for access\\npursuant to subdivision two of this section, the age of the subject.\\n (e) In the event of a denial of access, the qualified person shall be\\ninformed by the provider of such denial, and whether the denial is based\\non the reasonable expectation that release of the information can\\nreasonably be expected to cause substantial and identifiable harm to the\\nsubject or others which outweighs the qualified person's right of access\\nto the information or on the reasonable expectation that release of the\\ninformation would have a detrimental effect as defined in subdivision\\ntwo of this section, or on the basis that the materials sought to be\\nreviewed constitute personal notes and observations, and of the\\nqualified person's right to obtain, without cost, a review of the denial\\nby the appropriate medical record access review committee. If the\\nqualified person requests such review, the provider shall, within ten\\ndays of receipt of such request, transmit the information including\\npersonal notes and observations as defined herein, to the chairman of\\nthe appropriate committee with a statement setting forth the specific\\nreasons for which access was denied. After an in camera review of the\\nmaterials provided and after providing all parties a reasonable\\nopportunity to be heard, the committee shall promptly make a written\\ndetermination whether the requested review of the information can\\nreasonably be expected to cause substantial and identifiable harm to the\\nsubject or others which outweighs the qualified person's right of access\\nto the information pursuant to paragraph (d) of this subdivision or\\nwhether the requested review would have a detrimental effect as defined\\nin subdivision two of this section, or whether all or part of the\\nmaterials sought to be reviewed constitute personal notes and\\nobservations, and shall accordingly determine whether access to all or\\npart of such materials shall be granted. In the event that the committee\\ndetermines that the request for access shall be granted in whole or in\\npart, the committee shall notify all parties and the provider shall\\ngrant access pursuant to such determination.\\n (f) In the event that access is denied in whole or in part because the\\nrequested review of information can reasonably be expected to cause\\nsubstantial and identifiable harm to the subject or others which would\\noutweigh the qualified person's right of access to the information, or\\nwould have a detrimental effect as defined in subdivision two of this\\nsection, the committee shall notify the qualified person of his or her\\nright to seek judicial review of the provider's determination pursuant\\nto this section: provided however, that a determination by the committee\\nas to whether materials sought to be reviewed constitute personal notes\\nand observations shall not be the subject of judicial review. Within\\nthirty days of receiving notification of such decision, the qualified\\nperson may commence, upon notice, a special proceeding in supreme court\\nfor a judgment requiring the provider to make available the information\\nfor inspection or copying. The court upon such application and after an\\nin camera review of the materials provided including the determination\\nand record of the committee, and after providing all parties an\\nopportunity to be heard, shall determine whether there exists a\\nreasonable basis for the denial of access. The relief available pursuant\\nto this section shall be limited to a judgement requiring the provider\\nto make available to the qualified person the requested information for\\ninspection or copying.\\n (g) Where the written request for patient information under this\\nsection is signed by a distributee of a deceased subject for whom a\\npersonal representative has not been appointed, or from the holder of a\\npower of attorney from such a distributee, a copy of a certified copy of\\nthe certificate of death of the subject shall be attached to the written\\nrequest.\\n (h) Where the written request for patient information under this\\nsection is signed by the holder of a power of attorney, a copy of the\\npower of attorney shall be attached to the written request. A written\\nrequest under this subdivision shall be subject to the duration and\\nterms of the power of attorney.\\n (i) The release of patient information shall be subject to: (i)\\narticle twenty-seven-F of this chapter in the case of confidential\\nHIV-related information; (ii) section seventeen of this article and\\nsections twenty-three hundred one, twenty-three hundred six and\\ntwenty-three hundred eight of this chapter in the case of termination of\\na pregnancy and treatment for a sexually transmitted disease; (iii)\\narticle thirty-three of the mental hygiene law; and (iv) any other\\nprovisions of law creating special requirements relating to the release\\nof patient information, including the federal health insurance\\nportability and accountability act of 1996 and its implementing\\nregulations.\\n 4. Medical record access review committees. The commissioner shall\\ndesignate medical record access review committees to hear appeals of the\\ndenial of access to patient information as provided in paragraph (e) of\\nsubdivision three of this section. The commissioner shall promulgate\\nrules and regulations necessary to effectuate the provisions of this\\nsubdivision.\\n 5. Annual report. The commissioner shall submit an annual report on or\\nbefore December thirty-first to the governor and the legislature. Such\\nreport shall include, but not be limited to, the number of requests for\\ncommittee review of providers' denial of access and the committees'\\ndeterminations thereon.\\n 6. Disclosure to third persons. Whenever a health care provider, as\\notherwise authorized by law, discloses patient information to a person\\nor entity other than the subject of such information or to other\\nqualified persons, either a copy of the subject's written authorization\\nshall be added to the patient information or the name and address of\\nsuch third party and a notation of the purpose for the disclosure shall\\nbe indicated in the file or record of such subject's patient information\\nmaintained by the provider provided, however, that for disclosures made\\nto government agencies making payments on behalf of patients or to\\ninsurance companies licensed pursuant to the insurance law such a\\nnotation shall only be entered at the time the disclosure is first made.\\nThis subdivision shall not apply to disclosure to practitioners or other\\npersonnel employed by or under contract with the facility, or to\\ngovernment agencies for purposes of facility inspections or professional\\nconduct investigations. Any disclosure made pursuant to this section\\nshall be limited to that information necessary in light of the reason\\nfor disclosure. Information so disclosed should be kept confidential by\\nthe party receiving such information and the limitations on such\\ndisclosure in this section shall apply to such party.\\n 7. Applicability of federal law. Whenever federal law or applicable\\nfederal regulations affecting the release of patient information are a\\ncondition for the receipt of federal aid, and are inconsistent with the\\nprovisions of this section, the provisions of federal law or federal\\nregulations shall be controlling.\\n 8. Challenges to accuracy. A qualified person may challenge the\\naccuracy of information maintained in the patient information and may\\nrequire that a brief written statement prepared by him or her concerning\\nthe challenged information be inserted into the patient information.\\nThis statement shall become a permanent part of the patient information\\nand shall be released whenever the information at issue is released.\\nThis subdivision shall apply only to factual statements and shall not\\ninclude a provider's observations, inferences or conclusions.\\n A facility may place reasonable restrictions on the time and frequency\\nof any challenges to accuracy.\\n 9. Waivers void. Any agreement by an individual to waive any right to\\ninspect, copy or seek correction of patient information as provided for\\nin this section shall be deemed to be void as against public policy and\\nwholly unenforceable.\\n 10. Nothing contained in this section shall restrict, expand or in any\\nway limit the disclosure of any information pursuant to articles\\ntwenty-three, thirty-one and forty-five of the civil practice law and\\nrules or section six hundred seventy-seven of the county law.\\n 11. No proceeding shall be brought or penalty assessed, except as\\nprovided for in this section, against a health care provider, who in\\ngood faith, denies access to patient information.\\n 12. Immunity from liability. No health care provider shall be\\nsubjected to civil liability arising solely from granting or providing\\naccess to any patient information in accordance with this section.\\n * NB There are 2 § 18's\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "18*2", "title" : "Registration and notification of boards of directors or trustees of certain voluntary, not-for-profit facilities or corporations", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "18*2", "activeDate" : "2014-09-22", "sequenceNo" : 20, "repealedDate" : null, "fromSection" : "18*2", "toSection" : "18*2", "text" : " * § 18. Registration and notification of boards of directors or\\ntrustees of certain voluntary, not-for-profit facilities or\\ncorporations. 1. Notwithstanding any other law, rule or regulation, the\\nexecutive director, chairperson or president of a voluntary,\\nnot-for-profit corporation or facility which is subject to the\\njurisdiction of the department shall furnish annually to the\\ncommissioner a list of the names and addresses of the current members of\\nthe board of directors or trustees of such facility or corporation.\\nFailure to furnish such annual list shall remove such facility from\\nconsideration for recertification.\\n 2. In the event that such facility or corporation is found to be in\\nviolation of the provisions of this chapter or of rules and regulations\\npromulgated pursuant to this chapter which could result in the\\nrevocation, cancellation, limitation or suspension of the operating\\ncertificate of such facility and if notice of such violation is provided\\nto the facility pursuant to such regulations, a copy of such notice\\nshall be provided to each of the current members of the board of\\ndirectors or trustees of such facility or corporation by the\\ncommissioner.\\n 3. The commissioner is authorized to promulgate such rules and\\nregulations as are necessary to implement the provisions of this\\nsection.\\n * NB There are 2 § 18's\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "18-A", "title" : "Disclosure of information", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "18-A", "activeDate" : "2014-09-22", "sequenceNo" : 21, "repealedDate" : null, "fromSection" : "18-A", "toSection" : "18-A", "text" : " § 18-a. Disclosure of information. 1. Each health care professional\\nlicensed, registered or certified pursuant to title eight of the\\neducation law shall, upon request, provide to his or her patient or\\nprospective patient the following:\\n (a) information related to the health care professional's educational\\nbackground, experience, training, specialty, and board certification, if\\napplicable;\\n (b) affiliation with any health care facility licensed pursuant to\\narticle twenty-eight, thirty-six or forty-four of this chapter, and any\\nfacility licensed pursuant to article nineteen, twenty-three, thirty-one\\nor thirty-two of the mental hygiene law;\\n (c) information regarding the health care professional's participation\\nin continuing education programs and compliance with any licensure,\\ncertification or registration requirements, if applicable; and\\n (d) information regarding the health care professional's participation\\nin clinical performance reviews conducted by the department where\\napplicable and where available.\\n 2. Nothing contained herein shall require written disclosure of the\\ninformation described in subdivision one by the health care professional\\nto the patient.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "19", "title" : "Reasonable charges for medicare beneficiaries", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "19", "activeDate" : "2014-09-22", "sequenceNo" : 22, "repealedDate" : null, "fromSection" : "19", "toSection" : "19", "text" : " § 19. Reasonable charges for medicare beneficiaries. 1. No physician\\nlicensed under article one hundred thirty-one of the education law shall\\ncharge from a beneficiary of health insurance under title XVIII of the\\nfederal social security act (medicare) any amount in excess of the\\nfollowing limitations:\\n (a) Effective January first, nineteen hundred ninety-one, a\\nphysician's charge shall not exceed one hundred fifteen percent of the\\nreasonable charge for that service as determined by the United States\\nsecretary for health and human services.\\n (b) Beginning January first, nineteen hundred ninety-three, a\\nphysician's charge shall not exceed one hundred ten percent of the\\nreasonable charge for that service as determined by the United States\\nsecretary for health and human services, provided however, that if the\\nstatewide percentage of medicare part B claims billed at or below the\\nreasonable charge as determined by the United States secretary for\\nhealth and human services for federal fiscal year nineteen hundred\\neighty-nine fails to increase by five percentage points for federal\\nfiscal year nineteen hundred ninety-two, such physician's charge shall,\\nthereafter, not exceed one hundred five percent of the reasonable charge\\nas determined by the United States secretary for health and human\\nservices. If, in any subsequent federal fiscal year, such statewide\\npercentage of medicare part B claims billed at or below such reasonable\\ncharge fails to maintain such five percentage point increase,\\nphysician's charge shall thereafter not exceed one hundred five percent\\nof the reasonable charge as determined by the United States secretary\\nfor health and human services.\\n 2. The charge limitation set forth in subdivision one of this section\\nshall not apply if the service which such beneficiary is to be billed is\\neither an office or home visit as set forth in procedure codes 90000\\nthrough 90170 in the Physician Current Procedural Terminology 4th\\nEdition 1989.\\n 3. The state office for the aging shall, through agreement with\\ncarriers and/or intermediaries contracted with by the federal government\\nin this state pursuant to title XVIII of the federal social security act\\n(medicare), obtain the percentages of physician's bills submitted at or\\nbelow the reasonable charge as established by the United States\\nsecretary for health and human services, and shall issue a report by\\nDecember first, nineteen hundred ninety-two and every December first,\\nthereafter, stating whether the percentage of bills submitted at or\\nbelow such reasonable charge for federal fiscal year nineteen hundred\\nninety-two increased by five percentage points over the statewide\\npercentage of bills submitted at or below such reasonable charge for\\nfederal fiscal year nineteen hundred eighty-nine and whether such\\npercentage has been maintained for each successive federal fiscal year\\nafter nineteen hundred ninety-two.\\n 4. Notwithstanding any inconsistent provision of this chapter, a\\nphysician who is determined, after opportunity for a hearing, to have\\nviolated the provisions of this section shall be subject for the first\\nviolation to a fine of not more than one thousand dollars nor less than\\nthe greater of three times the amount collected, or, if not collected,\\nthree times the amount charged, in excess of the limitations set forth\\nin subdivision one of this section, and, for each additional violation\\ncommitted within five years of the date of an immediately preceding\\nviolation of this section, to a fine of not more than five thousand\\ndollars nor less than the greater of one thousand dollars or three times\\nthe amount collected, or, if not collected, three times the amount\\ncharged, in excess of the limitations set forth in subdivision one of\\nthis section; provided, however, that in no event shall the fine for an\\nindividual violation of this section be greater than five thousand\\ndollars. In addition, where the provisions of this section have been\\nviolated, the physician shall refund to the beneficiary the amount\\ncollected in excess of the limitations set forth in subdivision one of\\nthis section.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "20", "title" : "Accelerated death benefits", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "20", "activeDate" : "2014-09-22", "sequenceNo" : 23, "repealedDate" : null, "fromSection" : "20", "toSection" : "20", "text" : " § 20. Accelerated death benefits. 1. For purposes of this section,\\n\"health care facility\" means a hospital and residential health care\\nfacility as defined in article twenty-eight of this chapter, a home care\\nservices agency as defined in article thirty-six of this chapter, a\\nhospice as defined in article forty of this chapter, and a continuing\\ncare retirement community as defined in article forty-six of this\\nchapter.\\n 2. No health care facility or practitioner shall coerce or require or\\nattempt to coerce or require any person to accelerate payment of part or\\nall of the death benefit or special surrender value under a life\\ninsurance policy, as authorized by paragraph one of subsection (a) of\\nsection one thousand one hundred thirteen of the insurance law, or to\\nenter into a viatical settlement pursuant to the provisions of article\\nseventy-eight of the insurance law, as a condition of admission,\\nproviding or continuing care.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "22", "title" : "Health-related legal services program", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "22", "activeDate" : "2014-09-22", "sequenceNo" : 24, "repealedDate" : null, "fromSection" : "22", "toSection" : "22", "text" : " § 22. Health-related legal services program. 1. As used in this\\nsection, \"health-related legal services program\" means a program that is\\na collaboration between health care service providers and legal services\\nprograms to provide on site legal services without charge to assist, on\\na voluntary basis, income eligible patients and their families to\\nresolve legal matters or needs that have an impact on patient health or\\nare created or aggravated by a patient's health. For the purpose of this\\nsection, legal matters may include, but shall not be limited to:\\n (a) housing, including utilities;\\n (b) public or private health insurance coverage;\\n (c) employment and eligibility for employment benefits;\\n (d) government benefits;\\n (e) immigration;\\n (f) family law, including, but not limited to, domestic violence,\\nguardianship, custody, and child support;\\n (g) advance planning, including, but not limited to, wills, health\\ncare proxies, powers of attorney and permanency planning;\\n (h) special education; and\\n (i) debtor and creditor issues.\\n 2. The department may designate health-related legal services programs\\nthat comply with standards and guidelines established for such programs.\\nThe department shall work with legal services organizations, community\\nhealth advocacy organizations, hospitals, diagnostic and treatment\\ncenters and other primary and specialty health care providers, to\\nestablish standards and guidelines for health-related legal services\\nprograms that are designated under this section.\\n 3. A health-related legal services program designated under this\\nsection shall be a not-for-profit entity operated by or affiliated with\\none or more legal services organizations, law schools, social services\\norganizations, or health care providers, and it shall comply with the\\nstandards, guidelines and regulations under this section, and have\\ndemonstrated ability and experience to provide high quality\\nhealth-related legal services meeting the needs of the population to be\\nserved.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "23", "title" : "Claim forms", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-04-10" ], "docLevelId" : "23", "activeDate" : "2015-04-10", "sequenceNo" : 25, "repealedDate" : null, "fromSection" : "23", "toSection" : "23", "text" : " § 23. Claim forms. A non-participating physician shall include a claim\\nform for a third-party payor with a patient bill for health care\\nservices, other than a bill for the patient's co-payment, coinsurance or\\ndeductible.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "24", "title" : "Disclosure", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-04-10", "2022-04-22" ], "docLevelId" : "24", "activeDate" : "2015-04-10", "sequenceNo" : 26, "repealedDate" : null, "fromSection" : "24", "toSection" : "24", "text" : " § 24. Disclosure. 1. A health care professional, or a group practice\\nof health care professionals, a diagnostic and treatment center or a\\nhealth center defined under 42 U.S.C. § 254b on behalf of health care\\nprofessionals rendering services at the group practice, diagnostic and\\ntreatment center or health center, shall disclose to patients or\\nprospective patients in writing or through an internet website the\\nhealth care plans in which the health care professional, group practice,\\ndiagnostic and treatment center or health center, is a participating\\nprovider and the hospitals with which the health care professional is\\naffiliated prior to the provision of non-emergency services and verbally\\nat the time an appointment is scheduled.\\n 2. If a health care professional, or a group practice of health care\\nprofessionals, a diagnostic and treatment center or a health center\\ndefined under 42 U.S.C. § 254b on behalf of health care professionals\\nrendering services at the group practice, diagnostic and treatment\\ncenter or health center, does not participate in the network of a\\npatient's or prospective patient's health care plan, the health care\\nprofessional, group practice, diagnostic and treatment center or health\\ncenter, shall: (a) prior to the provision of non-emergency services,\\ninform a patient or prospective patient that the amount or estimated\\namount the health care professional will bill the patient for health\\ncare services is available upon request; and (b) upon receipt of a\\nrequest from a patient or prospective patient, disclose to the patient\\nor prospective patient in writing the amount or estimated amount or,\\nwith respect to a health center, a schedule of fees provided under 42\\nU.S.C. § 254b(k)(3)(G)(i), that the health care professional, group\\npractice, diagnostic and treatment center or health center, will bill\\nthe patient or prospective patient for health care services provided or\\nanticipated to be provided to the patient or prospective patient absent\\nunforeseen medical circumstances that may arise when the health care\\nservices are provided.\\n 3. A health care professional who is a physician shall provide a\\npatient or prospective patient with the name, practice name, mailing\\naddress, and telephone number of any health care provider scheduled to\\nperform anesthesiology, laboratory, pathology, radiology or assistant\\nsurgeon services in connection with care to be provided in the\\nphysician's office for the patient or coordinated or referred by the\\nphysician for the patient at the time of referral to or coordination of\\nservices with such provider.\\n 4. A health care professional who is a physician shall, for a\\npatient's scheduled hospital admission or scheduled outpatient hospital\\nservices, provide a patient and the hospital with the name, practice\\nname, mailing address and telephone number of any other physician whose\\nservices will be arranged by the physician and are scheduled at the time\\nof the pre-admission testing, registration or admission at the time\\nnon-emergency services are scheduled; and information as to how to\\ndetermine the healthcare plans in which the physician participates.\\n 5. A hospital shall establish, update and make public through posting\\non the hospital's website, to the extent required by federal guidelines,\\na list of the hospital's standard charges for items and services\\nprovided by the hospital, including for diagnosis-related groups\\nestablished under section 1886(d)(4) of the federal social security act.\\n 6. A hospital shall post on the hospital's website: (a) the health\\ncare plans in which the hospital is a participating provider; (b) a\\nstatement that (i) physician services provided in the hospital are not\\nincluded in the hospital's charges; (ii) physicians who provide services\\nin the hospital may or may not participate with the same health care\\nplans as the hospital, and; (iii) the prospective patient should check\\nwith the physician arranging for the hospital services to determine the\\nhealth care plans in which the physician participates; (c) as\\napplicable, the name, mailing address and telephone number of the\\nphysician groups that the hospital has contracted with to provide\\nservices including anesthesiology, pathology or radiology, and\\ninstructions how to contact these groups to determine the health care\\nplan participation of the physicians in these groups; and (d) as\\napplicable, the name, mailing address, and telephone number of\\nphysicians employed by the hospital and whose services may be provided\\nat the hospital, and the health care plans in which they participate.\\n 7. In registration or admission materials provided in advance of\\nnon-emergency hospital services, a hospital shall: (a) advise the\\npatient or prospective patient to check with the physician arranging the\\nhospital services to determine: (i) the name, practice name, mailing\\naddress and telephone number of any other physician whose services will\\nbe arranged by the physician; and (ii) whether the services of\\nphysicians who are employed or contracted by the hospital to provide\\nservices including anesthesiology, pathology and/or radiology are\\nreasonably anticipated to be provided to the patient; and (b) provide\\npatients or prospective patients with information as to how to timely\\ndetermine the health care plans participated in by physicians who are\\nreasonably anticipated to provide services to the patient at the\\nhospital, as determined by the physician arranging the patient's\\nhospital services, and who are employees of the hospital or contracted\\nby the hospital to provide services including anesthesiology, radiology\\nand/or pathology.\\n 8. For purposes of this section:\\n (a) \"Health care plan\" means a health insurer including an insurer\\nlicensed to write accident and health insurance subject to article\\nthirty-two of the insurance law; a corporation organized pursuant to\\narticle forty-three of the insurance law; a municipal cooperative health\\nbenefit plan certified pursuant to article forty-seven of the insurance\\nlaw; a health maintenance organization certified pursuant to article\\nforty-four of this chapter; a student health plan established or\\nmaintained pursuant to section one thousand one hundred twenty-four of\\nthe insurance law or a self-funded employee welfare benefit plan.\\n (b) \"Health care professional\" means an appropriately licensed,\\nregistered or certified health care professional pursuant to title eight\\nof the education law.\\n (c) \"Hospital\" means a general hospital as defined in subdivision ten\\nof section two thousand eight hundred one of this chapter.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 20 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A1T3", "title" : "Office of the Medicaid Inspector General", "docType" : "TITLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3", "activeDate" : "2014-09-22", "sequenceNo" : 27, "repealedDate" : null, "fromSection" : "30", "toSection" : "36", "text" : " TITLE III\\n OFFICE OF THE MEDICAID INSPECTOR GENERAL\\nSection 30. Legislative intent.\\n 30-a. Definitions.\\n 31. Establishment of the office of Medicaid inspector general.\\n 32. Functions, duties and responsibilities.\\n 33. Cooperation of agency officials and employees.\\n 34. Transfer of employees.\\n 35. Reports required of the inspector.\\n 36. Disclosure of information.\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "30", "title" : "Legislative intent", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "30", "activeDate" : "2014-09-22", "sequenceNo" : 28, "repealedDate" : null, "fromSection" : "30", "toSection" : "30", "text" : " § 30. Legislative intent. This title establishes an independent office\\nof Medicaid inspector general within the department to consolidate staff\\nand other Medicaid fraud detection, prevention and recovery functions\\nfrom the relevant governmental entities into a single office, and grants\\nsuch office new powers and responsibilities. As such, this title is\\nintended to create a more efficient and accountable structure,\\ndramatically reorganize and streamline the state's process of detecting\\nand combating Medicaid fraud and abuse and maximize the recoupment of\\nimproper Medicaid payments.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "30-A", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "30-A", "activeDate" : "2014-09-22", "sequenceNo" : 29, "repealedDate" : null, "fromSection" : "30-A", "toSection" : "30-A", "text" : " § 30-a. Definitions. For the purposes of this title, the following\\ndefinitions shall apply:\\n 1. \"Inspector\" means the Medicaid inspector general created by this\\ntitle.\\n 2. \"Investigation\" means investigations of fraud, abuse, or illegal\\nacts perpetrated within the medical assistance program, by providers or\\nrecipients of medical assistance care, services and supplies.\\n 3. \"Office\" means the office of the Medicaid inspector general created\\nby this title.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "31", "title" : "Establishment of the office of Medicaid inspector general", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "31", "activeDate" : "2014-09-22", "sequenceNo" : 30, "repealedDate" : null, "fromSection" : "31", "toSection" : "31", "text" : " § 31. Establishment of the office of Medicaid inspector general. 1.\\nThere is hereby created within the department the office of Medicaid\\ninspector general. Pursuant to section three hundred sixty-three-a of\\nthe social services law, the department is the single state agency for\\nthe administration of the medical assistance program in New York state,\\nprovided that the office shall undertake and be responsible for the\\ndepartment's duties as the single state agency with respect to: (a)\\nprevention, detection and investigation of fraud and abuse within the\\nmedical assistance program; (b) referral of appropriate cases for\\ncriminal prosecution; and (c) recovery of improperly expended medical\\nassistance funds. Such responsibility shall include, but not be limited\\nto, medical assistance program audit functions, pursuant to sections\\nthree hundred sixty-four and three hundred sixty-eight-c of the social\\nservices law, and the function of medical assistance program fraud and\\nabuse prevention, pursuant to sections one hundred forty-five-a and one\\nhundred forty-five-b of the social services law (transferred to the New\\nYork state department of health from the former department of social\\nservices pursuant to subdivision (e) of section one hundred twenty-two\\nof part B of chapter four hundred thirty-six of the laws of nineteen\\nhundred ninety-seven).\\n 2. The head of the office shall be the Medicaid inspector general who\\nshall be appointed by the governor by and with the advice and consent of\\nthe senate. The inspector shall serve at the pleasure of the governor.\\nThe inspector shall report directly to the governor. The person\\nappointed as inspector shall, upon his or her appointment, have not less\\nthan ten years professional experience in one or more of the following\\nareas of expertise: law, provided the experience involves prosecution or\\nsome consideration of fraud; fraud investigation; and auditing. The\\ninspector may possess comparable alternate experience in the area of\\nhealth care or the area of senior management, in either the public or\\nprivate setting, provided that such experience involves some\\nconsideration of fraud.\\n 3. The inspector shall be compensated within the limits of funds\\navailable therefor, provided, however, such salary shall be no less than\\nthe salaries of certain state officers holding the positions indicated\\nin paragraph (a) of subdivision one of section one hundred sixty-nine of\\nthe executive law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "32", "title" : "Functions, duties and responsibilities", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2019-12-20" ], "docLevelId" : "32", "activeDate" : "2014-09-22", "sequenceNo" : 31, "repealedDate" : null, "fromSection" : "32", "toSection" : "32", "text" : " § 32. Functions, duties and responsibilities. The inspector shall have\\nthe following functions, duties and responsibilities:\\n 1. to appoint such deputies, directors, assistants and other officers\\nand employees as may be needed for the performance of his or her duties\\nand may prescribe their duties and fix their compensation within the\\namounts appropriated therefor;\\n 2. to conduct and supervise activities to prevent, detect and\\ninvestigate medical assistance program fraud and abuse amongst the\\nfollowing: the department; the offices of mental health, mental\\nretardation and developmental disabilities, alcoholism and substance\\nabuse services, temporary disability assistance, and children and family\\nservices;\\n 3. to coordinate, to the greatest extent possible, activities to\\nprevent, detect and investigate medical assistance program fraud and\\nabuse amongst the following: the department; the offices of mental\\nhealth, mental retardation and developmental disabilities, alcoholism\\nand substance abuse services, temporary disability assistance, and\\nchildren and family services; the commission on quality of care and\\nadvocacy for persons with disabilities; the department of education; the\\nfiscal agent employed to operate the medical assistance information and\\npayment system; local governments and entities; and to work in a\\ncoordinated and cooperative manner with, to the greatest extent\\npossible, the deputy attorney general for Medicaid fraud control; the\\nwelfare inspector general, federal prosecutors, district attorneys\\nwithin the state, the special investigative unit maintained by each\\nhealth insurer operating within the state, and the state comptroller;\\n 4. to solicit, receive and investigate complaints related to fraud and\\nabuse within the medical assistance program;\\n 5. to keep the governor, attorney general, state comptroller,\\ntemporary president and minority leader of the senate, the speaker and\\nthe minority leader of the assembly, and the heads of agencies with\\nresponsibility for the administration of the medical assistance program\\napprised of efforts to prevent, detect, investigate, and prosecute fraud\\nand abuse within the medical assistance program, and to provide a\\nquarterly briefing to the legislature on activities of the office;\\n 6. to pursue civil and administrative enforcement actions against any\\nindividual or entity that engages in fraud, abuse, or illegal or\\nimproper acts or unacceptable practices perpetrated within the medical\\nassistance program, including but not limited to: (a) referral of\\ninformation and evidence to regulatory agencies and licensure boards;\\n(b) withholding payment of medical assistance funds in accordance with\\nstate and federal laws and regulations; (c) imposition of administrative\\nsanctions and penalties in accordance with state and federal laws and\\nregulations; (d) exclusion of providers, vendors and contractors from\\nparticipation in the program; (e) initiating and maintaining actions for\\ncivil recovery and, where authorized by law, seizure of property or\\nother assets connected with improper payments; and entering into civil\\nsettlements; and (f) recovery of improperly expended medical assistance\\nprogram funds from those who engage in fraud or abuse, or illegal or\\nimproper acts perpetrated within the medical assistance program. In the\\npursuit of such civil and administrative enforcement actions under this\\nsubdivision, the inspector shall consider the quality and availability\\nof medical care and services and the best interest of both the medical\\nassistance program and recipients;\\n 6-a. to post on the department's internet website, within reasonably\\nprompt fashion, all final administrative determinations issued by\\nadministrative law judges in connection with any actions taken by the\\noffice pursuant to this title;\\n 7. to make information and evidence relating to suspected criminal\\nacts which he or she may obtain in carrying out his or her duties\\navailable to appropriate law enforcement officials and to consult with\\nthe deputy attorney general for Medicaid fraud control, the welfare\\ninspector general, and other state and federal law enforcement officials\\nfor coordination of criminal investigations and prosecutions.\\n The inspector shall refer suspected fraud or criminality to the deputy\\nattorney general for Medicaid fraud control and make any other referrals\\nto such deputy attorney general as required or contemplated by federal\\nlaw. At any time after such referral, with ten days written notice to\\nthe deputy attorney general for Medicaid fraud control or such shorter\\ntime as such deputy attorney general consents to, the inspector may\\nadditionally provide relevant information about suspected fraud or\\ncriminality to any other federal or state law enforcement agency that\\nthe inspector deems appropriate under the circumstances;\\n 8. to subpoena and enforce the attendance of witnesses, administer\\noaths or affirmations, examine witnesses under oath, and take testimony;\\n 9. to require and compel the production of such books, papers, records\\nand documents as he or she may deem to be relevant or material to an\\ninvestigation, examination or review undertaken pursuant to this\\nsection;\\n 10. to examine and copy or remove documents or records of any kind\\nrelated to the medical assistance program or necessary for the inspector\\nto perform its duties and responsibilities that are prepared, maintained\\nor held by or available to any state agency or local governmental entity\\nthe patients or clients of which are served by the medical assistance\\nprogram, or which is otherwise responsible for the control of fraud and\\nabuse within the medical assistance program; provided, however, that any\\nsuch information be afforded confidentiality protection as provided for\\nunder state and federal law. The removal of records shall be limited to\\nthose circumstances in which a copy thereof is insufficient for an\\nappropriate legal or investigative purpose, provided that in such\\ninstances the copying and return of such original, or copy where the\\noriginal is required for an appropriate legal or investigative purpose,\\nis expedited and such original or copy is readily accessible in\\naccordance with the care and treatment needs of the patient,\\n 11. to recommend and implement policies relating to the prevention and\\ndetection of fraud and abuse; provided however, that the consent of the\\nattorney general shall be obtained prior to the implementation of any\\npolicy that shall affect the operations of the office of the attorney\\ngeneral;\\n 12. to monitor the implementation of any recommendations made by the\\noffice to agencies or other entities with responsibility for\\nadministration of the medical assistance program;\\n 13. to prepare cases, provide testimony and support administrative\\nhearings and other legal proceedings;\\n 14. to review and audit contracts, cost reports, claims, bills and all\\nother expenditures of medical assistance program funds to determine\\ncompliance with applicable federal and state laws and regulations and\\ntake such actions as are authorized by federal or state laws and\\nregulations;\\n 15. to work with the fiscal agent employed to operate the Medicaid\\nmanagement information system to optimize the system;\\n 16. to work in a coordinated manner with relevant agencies in the\\nimplementation of information technology relating to the prevention and\\nidentification of fraud and abuse in the medical assistance program,\\nincluding the surveillance utilization review system and other automated\\nsystems pursuant to paragraph (b) of subdivision eight of section three\\nhundred sixty-seven-b of the social services law;\\n 17. to conduct educational programs for medical assistance program\\nproviders, vendors, contractors and recipients designed to limit fraud\\nand abuse within the medical assistance program;\\n 18. to, in conjunction with the commissioner, develop protocols to\\nfacilitate the efficient self-disclosure and collection of overpayments\\nand monitor such collections, including those that are self-disclosed by\\nproviders. The provider's good faith self-disclosure of overpayments may\\nbe considered as a mitigating factor in the determination of an\\nadministrative enforcement action;\\n 19. to receive and to investigate complaints of alleged failures of\\nstate and local officials to prevent, detect and prosecute fraud and\\nabuse in the medical assistance program;\\n 20. to, consistent with provisions of this title, implement and amend,\\nas needed, rules and regulations relating to the prevention, detection,\\ninvestigation and referral of fraud and abuse within the medical\\nassistance program and the recovery of improperly expended medical\\nassistance program funds;\\n 21. to conduct, in the context of the investigation of fraud and\\nabuse, on-site facility and office inspections;\\n 22. to take appropriate actions to ensure that the medical assistance\\nprogram is the payor of last resort;\\n 23. to annually submit a budget request, for the ensuing state fiscal\\nyear, to the division of the budget, provided that the office's budget\\nrequest shall not be subject to review, alteration or modification by\\nthe commissioner or any other entity or person prior to its submission\\nto the division of the budget;\\n 24. to meet quarterly with representatives of social services\\ndistricts to discuss the status of ongoing cooperative efforts between\\nthe office of Medicaid inspector general and districts, including\\ndemonstration programs authorized pursuant to section five-a of part C\\nof chapter fifty-eight of the laws of two thousand five, the potential\\nfor additional collaboration and/or for improved or innovative\\ntechniques to be employed, and any issues of concern to such districts\\nwith respect to the prevention and detection of fraud and abuse in the\\nmedical assistance program;\\n 25. to request submission of social services districts annual budget\\nand audit workplans for purposes of planning for and executing the\\ncounty demonstration program and for the creation of the office's annual\\nworkplan and to include in the office's annual workplan a description of\\nactivities that will be conducted in collaboration with social services\\ndistricts;\\n 26. to develop training materials with respect to the office's audit\\nstandards and criteria for identifying fraud or waste, for use by social\\nservices districts who are engaged with the office in demonstration\\nprograms or other collaborative efforts; and\\n 27. to perform any other functions that are necessary or appropriate\\nto fulfill the duties and responsibilities of the office in accordance\\nwith federal and state law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "33", "title" : "Cooperation of agency officials and employees", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "33", "activeDate" : "2014-09-22", "sequenceNo" : 32, "repealedDate" : null, "fromSection" : "33", "toSection" : "33", "text" : " § 33. Cooperation of agency officials and employees. 1. In addition to\\nthe authority otherwise provided by this title, the inspector, in\\ncarrying out the provisions of this title, is authorized to request such\\ninformation, assistance and cooperation from any federal, state or local\\ngovernmental department, board, bureau, commission, or other agency or\\nunit thereof as may be necessary for carrying out the duties and\\nresponsibilities enjoined upon the inspector by this section. State and\\nlocal agencies or units thereof are hereby authorized and directed to\\nprovide to the inspector, or, at the request of the inspector, to state\\nagencies or their contractors, such information, assistance and\\ncooperation. Notwithstanding any other provision of law to the contrary,\\nrequests for information, assistance and cooperation may include, but\\nnot be limited to, all state and local government birth, death and vital\\nstatistics which may be contained in files, databases or registries, and\\nfor all information shall, upon request, include, where possible, making\\nelectronic copies or record exchanges available. Executive agencies\\nshall coordinate and facilitate the transfer of appropriate functions\\nand positions to the office as necessary and in accordance with\\napplicable law.\\n 2. Upon request of a local social services district or a prosecutor of\\ncompetent jurisdiction, the office, department, any other state or local\\ngovernment entity and the Medicaid fraud control unit shall provide such\\ninformation and assistance as such entity or unit shall deem necessary,\\nappropriate and available to aid and facilitate the investigation of\\nfraud and abuse within the medical assistance program and the recoupment\\nof improperly expended funds.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "34", "title" : "Transfer of employees", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2019-12-20" ], "docLevelId" : "34", "activeDate" : "2014-09-22", "sequenceNo" : 33, "repealedDate" : null, "fromSection" : "34", "toSection" : "34", "text" : " § 34. Transfer of employees. Upon the transfer of the medical\\nassistance program audit and fraud and abuse prevention functions from\\nthe department and the offices of mental health, mental retardation and\\ndevelopmental disabilities, alcoholism and substance abuse services,\\ntemporary disability assistance, and children and family services to the\\noffice within the department pursuant to section thirty-one of this\\ntitle, provision shall be made for the transfer of necessary officers\\nand employees who are substantially engaged in the performance of the\\nfunction to be transferred, and any documents and records necessary and\\nrelated to the transfer of such functions. The heads of the departments\\nor agencies from which such function is to be transferred and the\\ninspector shall confer to determine the officers and employees who are\\nsubstantially engaged in the medical assistance program audit and fraud\\nand abuse prevention function to be transferred. In accordance with\\nsubdivision two of section seventy of the civil service law, officers\\nand employees so transferred shall be transferred without further\\nexamination or qualification to the same or similar titles and shall\\nremain in the same collective bargaining unit and shall retain their\\nrespective civil service classification, status and rights pursuant to\\ntheir collective bargaining unit and collective bargaining agreement.\\nNotwithstanding the office's regional operations, all office employees\\nshall be co-located, to the greatest extent practicable. The inspector\\nshall have sole responsibility for establishing methods of\\nadministration for the office.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "35", "title" : "Reports required of the inspector", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "35", "activeDate" : "2014-09-22", "sequenceNo" : 34, "repealedDate" : null, "fromSection" : "35", "toSection" : "35", "text" : " § 35. Reports required of the inspector. 1. The inspector shall, no\\nlater than October first of each year, submit to the governor, the\\ntemporary president of the senate, the speaker of the assembly, the\\nstate comptroller and the attorney general, a report summarizing the\\nactivities of the office during the preceding calendar year. Such report\\nshall include:\\n (a) the number, subject and other relevant characteristics of\\ninvestigations initiated, and those completed, including but not limited\\nto outcome, region, source of complaint and whether or not such\\ninvestigation was conducted jointly with the attorney general;\\n (b) the number, subject and other relevant characteristics of audits\\ninitiated, and those completed, including but not limited to outcome,\\nregion, reason for audit and the total dollar value identified for\\nrecovery and the actual recovery from such audits;\\n (c) the number, subject and other relevant characteristics of\\nadministrative actions initiated, and those completed, including but not\\nlimited to outcome, region and type;\\n (d) the number, subject and other relevant characteristics of\\nreferrals for prosecution to the deputy attorney general for Medicaid\\nfraud control and other federal or state law enforcement agencies, or\\nfor licensure action; such information shall include but not be limited\\nto status and region;\\n (e) the number, subject and other relevant characteristics of civil\\nactions initiated by the office related to improper payments, the\\nresulting civil settlements entered and overpayments identified and the\\ntotal dollar value both identified and collected;\\n (f) a narrative that evaluates the office's performance, describes any\\nspecific problems and connection with the procedures and agreements\\nrequired under this section, discusses any other matters that may have\\nimpaired its effectiveness and summarizes the total savings to the\\nstate's medical assistance program; and\\n (g) a narrative, provided by the department in its annual report\\npursuant to paragraph (t) of subdivision one of section two hundred six\\nof this chapter that summarizes the department's activities to mitigate\\nfraud, waste and abuse during the preceding calendar year.\\n 2. Pursuant to the reporting requirements contained within subdivision\\none of this section, the inspector shall not disclose information that\\njeopardizes an ongoing investigation or proceeding, provided that the\\ninspector shall disclose required information that does not jeopardize\\nan ongoing investigation or proceeding and fully apprises the designated\\nrecipients of the scope and quality of the office's activities.\\n 3. The inspector shall, on or before April first, July first, October\\nfirst and January first of each year following the calendar year in\\nwhich this title shall take effect, submit to the governor, temporary\\npresident of the senate and speaker of the assembly an accountability\\nstatement providing a statistical profile of the referrals made to the\\nstate Medicaid fraud control unit, audits, investigations and\\nrecoveries.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "36", "title" : "Disclosure of information", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "36", "activeDate" : "2014-09-22", "sequenceNo" : 35, "repealedDate" : null, "fromSection" : "36", "toSection" : "36", "text" : " § 36. Disclosure of information. The inspector shall not disclose\\ninformation which is prohibited from disclosure by any other provision\\nof law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 8 }, "repealed" : false } ], "size" : 3 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A2", "title" : "The Department of Health", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22", "2018-04-20", "2019-04-19", "2019-10-11", "2019-11-29", "2022-03-04", "2022-07-01", "2023-12-29", "2024-06-07", "2026-01-30" ], "docLevelId" : "2", "activeDate" : "2019-04-19", "sequenceNo" : 36, "repealedDate" : null, "fromSection" : "200", "toSection" : "268-H", "text" : " ARTICLE 2\\n THE DEPARTMENT OF HEALTH\\nTitle I. Officers and employees (§§ 200--211-a).\\n II. The public health council (§§ 220-229).\\n II-A. Professional medical conduct (§§ 230--230-d).\\n II-B. New York state health services corps (§§ 231-233).\\n II-C. Charles D. Cook office of rural health (§§ 234-237).\\n II-D. Health care practitioner referrals (§§ 238--238-e).\\n II-E. HIV/HBV/HCV prevention training (§§ 239--239-b).\\n II-F. Office of minority health (§§ 240-243).\\n III. State health areas (§§ 240-243).\\n IV. Spinal cord injury research board (§§ 250-251).\\n V. Health care practitioner volunteer pilot program (§ 260).\\n V. Obesity prevention act (§§ 260-263).\\n 5-A. Empire State Stem Cell Board (§§ 265--265-f).\\n VI. Women's Health (§§ 266-267).\\n 6. The 21st century workgroup for disease elimination and\\n reduction (§ 266).\\n VII. NY State of Health (§§ 268--268-h).\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A2T1", "title" : "Officers and Employees", "docType" : "TITLE", "publishedDates" : [ "2014-09-22", "2018-12-14" ], "docLevelId" : "1", "activeDate" : "2018-12-14", "sequenceNo" : 37, "repealedDate" : null, "fromSection" : "200", "toSection" : "211-A", "text" : " TITLE I\\n OFFICERS AND EMPLOYEES\\nSection 200. Department of health; continuation.\\n 201. Functions, powers and duties of the department.\\n 202. Divisions.\\n 203. Commissioner; qualifications.\\n 204. Commissioner; appointment; term of office.\\n 205. Commissioner; compensation and expenses.\\n 206. Commissioner; general powers and duties.\\n 206-a. Discrimination in hospital staff appointments and\\n privileges prohibited.\\n 206-b. Special requirements with respect to Lyme disease\\n diagnosis.\\n 207. Health care and wellness education and outreach program.\\n 207-a. Tick-borne diseases and blood-borne pathogen impact\\n study.\\n 208. Deputy commissioners; appointment; qualifications and\\n duties.\\n 209. Deputy commissioners; compensation.\\n 210. Officers and employees; appointment.\\n 211. Training.\\n 211-a. Continuation of salaries of employees of the department\\n while receiving training.\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "200", "title" : "Department of health; continuation", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "200", "activeDate" : "2014-09-22", "sequenceNo" : 38, "repealedDate" : null, "fromSection" : "200", "toSection" : "200", "text" : " § 200. Department of health; continuation. There shall continue to be\\nin the state government a department of health. The head of the\\ndepartment shall be the commissioner of health of the state of New York.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "201", "title" : "Functions, powers and duties of the department", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2019-11-29", "2020-02-28", "2020-04-17", "2021-01-01", "2022-03-04", "2022-06-10" ], "docLevelId" : "201", "activeDate" : "2014-09-22", "sequenceNo" : 39, "repealedDate" : null, "fromSection" : "201", "toSection" : "201", "text" : " § 201. Functions, powers and duties of the department. 1. The\\ndepartment shall, as provided by law:\\n (a) supervise the work and activities of the local boards of health\\nand health officers throughout the state, unless otherwise provided by\\nlaw;\\n (b) supervise and control the registration of births, deaths and\\nmarriages;\\n (c) supervise the reporting and control of disease;\\n (d) engage in research into morbidity and mortality;\\n (e) produce, standardize and distribute diagnostic, prophylactic and\\ntherapeutic products;\\n (f) conduct laboratory examinations for the diagnosis and control of\\ndisease;\\n (g) promote education in the prevention and control of disease;\\n (h) promote or provide diagnostic and therapeutic services for\\nmaternal and child health, communicable disease, medical rehabilitation,\\ncancer and other conditions and diseases affecting public health;\\n (i) except as otherwise provided by law, license, supervise and\\nregulate maternity hospitals and homes and the occupation of midwifery;\\n (j) license, supervise and regulate the manufacture, distribution and\\nuse of narcotics;\\n (k) maintain and operate such state hospitals, institutions, public\\nhealth centers and clinics as shall be established in the department;\\n (l) supervise and regulate the sanitary aspects of water supplies and\\nsewage disposal and control the pollution of waters of the state;\\n (m) supervise and regulate the sanitary aspects of camps, hotels,\\nboarding houses, public eating and drinking establishments, swimming\\npools, bathing establishments and other businesses and activities\\naffecting public health and, in relation to hotels, boarding houses and\\ntemporary residences as defined in the state sanitary code, inspect such\\nfacilities (i) where inspections do not otherwise occur under the state\\nuniform fire prevention and building code, (ii) to respond to\\ncomplaints, or (iii) when otherwise necessary;\\n (n) exercise control over and supervise the abatement of nuisances\\naffecting or likely to affect public health;\\n (o) advise any local unit of government and the public health\\nofficials thereof within the state, in the performance of their official\\nduties and regulate the financial assistance granted by the state in\\nconnection with all public health activities;\\n (p) receive and expend funds made available for public health purposes\\npursuant to law;\\n (q) license, supervise and regulate the practice of funeral directing\\nand embalming;\\n (r) supervise and regulate the public health aspects of ionizing\\nradiation and nonionizing electromagnetic radiation; and may in its\\ndiscretion license activities within the state affecting or likely to\\naffect public health and relating to radioactive materials, excluding\\nspecial nuclear materials in quantities sufficient to form a critical\\nmass and excluding the handling and disposal of radioactive wastes and\\nthe release of radioactivity to the environment regulated by the state\\ndepartment of environmental conservation;\\n (s) administer to the medical and health needs of the ambulant sick\\nand needy Indians on the reservations;\\n (u) engage in research into the causes of rocky mountain spotted fever\\nand the prevention thereof and develop programs for the control of\\nticks, insects and anthropods which act as vectors of disease affecting\\nman, within funds made available for such purposes.\\n (v) act as the single state agency for medical assistance pursuant to\\nsection three hundred sixty-three-a of the social services law, as\\namended by this chapter, with responsibility to supervise the plan for\\nmedical assistance as required by title XIX of the federal Social\\nSecurity act, or its successor, and to adopt regulations as may be\\nnecessary to implement this plan.\\n 2. The department shall continue to exercise all of the functions,\\npowers and duties which have been prescribed by law and which are being\\nexercised by it when this chapter takes effect together with such\\nfunctions, powers and duties as hereafter may be conferred and imposed\\nupon it by law.\\n 3. All the provisions of this chapter shall apply to the department\\ncontinued by this chapter and to the commissioner, the public health\\ncouncil and any successor council, and to the divisions, bureaus and\\nofficers in such department.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "202", "title" : "Divisions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "202", "activeDate" : "2014-09-22", "sequenceNo" : 40, "repealedDate" : null, "fromSection" : "202", "toSection" : "202", "text" : " § 202. Divisions. 1. There shall be in the department such divisions,\\nbureaus and other units as the commissioner from time to time may\\ndetermine to be necessary and the director of the budget shall approve.\\n 2. The commissioner may, from time to time, abolish, transfer and\\nconsolidate divisions, bureaus and other units within the department not\\nexpressly established by law as he may determine necessary for the\\nefficient operation of the department.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "203", "title" : "Commissioner; qualifications", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "203", "activeDate" : "2014-09-22", "sequenceNo" : 41, "repealedDate" : null, "fromSection" : "203", "toSection" : "203", "text" : " § 203. Commissioner; qualifications. The commissioner shall be a\\nphysician, a graduate of an incorporated medical college, of at least\\nten years' experience in the actual practice of his profession, and of\\nskill and experience in public health duties and sanitary science.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "204", "title" : "Commissioner; appointment; term of office", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "204", "activeDate" : "2014-09-22", "sequenceNo" : 42, "repealedDate" : null, "fromSection" : "204", "toSection" : "204", "text" : " § 204. Commissioner; appointment; term of office. 1. The commissioner\\nshall be appointed by the governor, by and with the advice and consent\\nof the senate and shall hold office until the end of the term of the\\ngovernor by whom he was appointed and until his successor is appointed\\nand has qualified.\\n 2. The present commissioner shall be the head of the department and\\nshall hold office until the expiration of his present term and until his\\nsuccessor is appointed and has qualified. If, prior to the expiration of\\nsuch present term, a vacancy shall occur or exist in the office of the\\ncommissioner it shall be filled by appointment by the governor, by and\\nwith the advice and consent of the senate, for a term expiring with that\\nof the governor by whom the appointment was made.\\n 3. During his term of office the commissioner shall not engage in any\\noccupation which conflicts with the performance of his official duties.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "205", "title" : "Commissioner; compensation and expenses", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "205", "activeDate" : "2014-09-22", "sequenceNo" : 43, "repealedDate" : null, "fromSection" : "205", "toSection" : "205", "text" : " § 205. Commissioner; compensation and expenses. The commissioner\\nshall receive an annual salary not to exceed an amount appropriated\\ntherefor by the legislature and his expenses actually and necessarily\\nincurred in the performance of his official duties, unless otherwise\\nprovided by the legislature.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "206", "title" : "Commissioner; general powers and duties", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-05-01", "2015-07-10", "2016-05-27", "2016-07-29", "2016-12-02", "2016-12-09", "2017-01-13", "2017-04-28", "2017-05-05", "2017-10-27", "2018-04-20", "2020-04-17", "2021-01-01", "2021-02-19", "2021-08-13", "2021-10-29", "2021-11-19", "2022-07-08", "2022-08-19", "2022-12-23", "2023-05-12", "2023-06-23", "2024-05-03", "2024-12-27", "2025-01-03", "2025-02-21", "2025-05-16", "2025-05-30", "2025-06-13", "2026-05-29" ], "docLevelId" : "206", "activeDate" : "2018-04-20", "sequenceNo" : 44, "repealedDate" : null, "fromSection" : "206", "toSection" : "206", "text" : " § 206. Commissioner; general powers and duties. 1. The commissioner\\nshall:\\n (a) take cognizance of the interests of health and life of the people\\nof the state, and of all matters pertaining thereto and exercise the\\nfunctions, powers and duties of the department prescribed by law;\\n (b) exercise general supervision over the work of all local boards of\\nhealth and health officers, unless otherwise provided by law;\\n (c) exercise general supervision and control of the medical treatment\\nof patients in the state institutions, public health centers and clinics\\nin the department;\\n (d) investigate the causes of disease, epidemics, the sources of\\nmortality, and the effect of localities, employments and other\\nconditions, upon the public health;\\n (e) obtain, collect and preserve such information relating to\\nmarriage, birth, mortality, disease and health as may be useful in the\\ndischarge of his duties or may contribute to the promotion of health or\\nthe security of life in the state; establish rules and regulations for\\nthe determination of asymptomatic conditions including, but not limited\\nto RH sensitivity, anemia, sickle cell anemia, cooley's anemia and\\nvenereal disease;\\n (f) enforce the public health law, the sanitary code and the\\nprovisions of the medical assistance program, or its successor, pursuant\\nto titles eleven, eleven-A and eleven-B of the social services law, as\\namended by this chapter;\\n (g) cause to be made from time to time examinations and inspections of\\nthe sanitary conditions of each state institution and transmit copies of\\nthe reports and recommendations thereon to the head of the state\\ndepartment having jurisdiction over the institution examined;\\n (h) cause to be made from time to time, examinations and inspections\\nof all labor camps and enforce the provisions of the sanitary code\\nrelating thereto;\\n (i) cause to be made, from time to time, examinations and inspections\\nof all Indian reservations, and enforce all provisions of the sanitary\\ncode relating thereto.\\n (j) cause to be made such scientific studies and research which have\\nfor their purpose the reduction of morbidity and mortality and the\\nimprovement of the quality of medical care through the conduction of\\nmedical audits within the state. In conducting such studies and\\nresearch, the commissioner is authorized to receive reports on forms\\nprepared by him and the furnishing of such information to the\\ncommissioner, or his authorized representatives, shall not subject any\\nperson, hospital, sanitarium, rest home, nursing home, or other person\\nor agency furnishing such information to any action for damages or other\\nrelief. Such information when received by the commissioner, or his\\nauthorized representatives, shall be kept confidential and shall be used\\nsolely for the purposes of medical or scientific research or the\\nimprovement of the quality of medical care through the conduction of\\nmedical audits. Such information shall not be admissible as evidence in\\nany action of any kind in any court or before any other tribunal, board,\\nagency, or person.\\n (k) notwithstanding any other provision of law, with the advice and\\nassistance of the commissioner of agriculture and markets, establish\\nrules and regulations to require such treatment of food or food\\nproducts, including the addition or removal of specific substances, as\\nmay be necessary for the protection of the public health against the\\nhazards of ionizing radiation.\\n (l) establish and operate such adult and child immunization programs\\nas are necessary to prevent or minimize the spread of disease and to\\nprotect the public health. Such programs may include the purchase and\\ndistribution of vaccines to providers and municipalities, the operation\\nof public immunization programs, quality assurance for immunization\\nrelated activities and other immunization related activities. The\\ncommissioner may promulgate such regulations as are necessary for the\\nimplementation of this paragraph. Nothing in this paragraph shall\\nauthorize mandatory immunization of adults or children, except as\\nprovided in sections twenty-one hundred sixty-four and twenty-one\\nhundred sixty-five of this chapter.\\n (m) make such rules and regulations which may be necessary to require\\npre-employment physical examination and thereafter require such annual\\nexaminations of all hospital employees for discovery of tuberculosis and\\nother communicable diseases as he deems necessary for the safety and\\nwell being of the people of the state.\\n (n) by rule and regulation establish criteria for identification of\\nareas and conditions involving high risk of lead poisoning, specify\\nmethods of detection of lead in dwellings, provide for the\\nadministration of prescribed tests for lead poisoning and the recording\\nand reporting of the results thereof, and provide for professional and\\npublic education, as may be necessary for the protection of the public\\nhealth against the hazards of lead poisoning.\\n (o) establish and publish a list of drug products, each of which shall\\nmeet the following conditions:\\n (1) The drug product has been certified or approved by the\\ncommissioner of the Federal Food and Drug Administration as being safe\\nand effective for its labeled indications for use, and a new-drug\\napplication or an abbreviated new-drug application approved pursuant to\\nthe Federal Food, Drug, and Cosmetic Act is held for such drug product;\\nand\\n * (2) The commissioner of the Federal Food and Drug Administration has\\nevaluated such drug product as:\\n (i) pharmaceutically and therapeutically equivalent and has listed\\nsuch drug product on the list of approved drugs products with the\\ntherapeutic equivalence evaluations, provided, however, that the list\\nprepared by the commissioner shall not include any drug product which\\nthe commissioner of the Federal Food and Drug Administration has\\nidentified as having an actual or potential bioequivalence problem; or\\n (ii) as an interchangeable biological product and has listed such\\nproduct on the list of approved drug products with interchangeability.\\n * NB Effective until October 23, 2022\\n * (2) The commissioner of the Federal Food and Drug Administration has\\nevaluated such drug product as pharmaceutically and therapeutically\\nequivalent and has listed such drug product on the list of approved\\ndrugs products with the therapeutic equivalence evaluations, provided,\\nhowever, that the list prepared by the commissioner shall not include\\nany drug product which the commissioner of the Federal Food and Drug\\nAdministration has identified as having an actual or potential\\nbioequivalence problem.\\n * NB Effective October 23, 2022\\n (p) promulgate rules and regulations establishing procedures to be\\nused in implementing the provisions of article thirteen-E of this\\nchapter as limited by section thirteen hundred ninety-nine-x of article\\nthirteen-E of this chapter. Such rules and regulations shall include,\\nbut not be limited to, such matters as may be required to ensure that\\nthe established procedures thereunder shall at least be in compliance\\nwith the relevant provisions of the code of fair procedure set forth in\\nsection seventy-three of the civil rights law.\\n (q) have the authority to carry out the provisions of section one\\nhundred seventy-seven-a of the navigation law.\\n * (r) shall prepare for publication, and cause to be distributed by\\ngeneral hospitals to patients upon inpatient admission, a booklet\\ncontaining the information and materials required to be distributed to\\npatients pursuant to this chapter and federal law. Where reasonable and\\nappropriate, the booklet may summarize or describe information and\\nmaterials required to be distributed to the patient, and how they may be\\nobtained. The commissioner shall prepare and distribute to general\\nhospitals physical, electronic or other materials from which the booklet\\ncan be produced. The commissioner shall revise and update such prepared\\nbooklet on a timely basis to reflect any changes in patient information\\nand materials required to be distributed pursuant to law.\\n * NB There are 2 par. (r)'s\\n * (r) by rule and regulation, establish standards necessary and\\nappropriate for the implementation of item (ii) of clause (a) of section\\nthree hundred twenty-two-c of the general business law. Such rules and\\nregulations shall be approved by the New York state fire prevention and\\nbuilding code council.\\n * NB There are 2 par. (r)'s\\n (s) issue a readiness report to the legislature, detailing the status\\nof the statewide health benefit exchange, state enrollment center, and\\nstate Medicaid enrollment center established under executive order\\nnumber forty-two of two thousand twelve, by August thirtieth, two\\nthousand thirteen. The readiness report may be provided in electronic\\nformat and shall be distributed to the temporary president of the\\nsenate, the speaker of the assembly, the chair of the senate standing\\ncommittee on health, and the chair of the assembly health committee. The\\nreadiness report shall outline the progress and preparedness of the\\nhealth benefit exchange, state enrollment center, and state Medicaid\\nenrollment center and detail how the exchange, state enrollment center,\\nand state Medicaid enrollment center will carry out their respective\\nfunctions including but not limited to:\\n (i) the process by which the health benefit exchange, state enrollment\\ncenter, and state Medicaid enrollment center will begin accepting\\napplications on October first, two thousand thirteen;\\n (ii) the process by which the health benefit exchange, state\\nenrollment center, and state Medicaid enrollment center will certify\\nqualified health plans;\\n (iii) the anticipated cost of individual and small group plans being\\noffered in the health benefit exchange;\\n (iv) the number of navigators approved;\\n (v) the plan for full operation by January first, two thousand\\nfourteen; and\\n (vi) the plan to become fiscally self-sustaining by January first, two\\nthousand fifteen.\\n (t) The department shall submit as part of its annual report prepared\\npursuant to section one hundred sixty-four of the executive law, which\\nmay be submitted in electronic format, comprehensive information\\nincluding, but not limited to, a detailed description of the\\ndepartment's mission, priorities and goals for the upcoming year,\\nachievements of the past year, and any relevant data and statistics.\\n (u) The commissioner shall provide a written or electronic copy of any\\nstate plan amendment submitted to the centers for Medicare and Medicaid\\nservices to the chair of the senate standing committee on health and the\\nchair of the assembly health committee, no later than five business days\\nfrom the date of mailing or submission.\\n * (v) require, in consultation and cooperation with the superintendent\\nof financial services, that every individual applying for health care\\ncoverage through the state health benefit exchange established pursuant\\nto the federal Patient Protection and Affordable Care Act (P.L.\\n111-148), as amended by the federal Health Care and Education\\nReconciliation Act of 2010 (P.L. 111-152), be provided space so that\\nsuch applicant may register in the \"donate life registry\" for organ, eye\\nand tissue donations under section forty-three hundred ten of this\\nchapter with the following stated in clear conspicuous type:\\n \"Would you like to be added to the Donate Life Registry? Check box for\\n'yes' or 'skip this question'.\"\\n The commissioner shall not maintain records of any person who checks\\n\"skip this question\". Except where the application is made in person or\\nelectronically, failure to check a box shall not impair the validity of\\nan application, and failure to check \"yes\" or checking \"skip this\\nquestion\" shall not be construed to imply a wish not to donate. In the\\ncase of an applicant under eighteen years of age, checking \"yes\" shall\\nnot constitute consent to make an anatomical gift or registration in the\\ndonate life registry. Where an applicant has previously consented to\\nmake an anatomical gift or registered in the donate life registry,\\nchecking \"skip this question\" or failing to check a box shall not impair\\nthat consent or registration.\\n * NB There are 2 par (v)'s\\n * (v) by rule and regulation, cause the distribution of crib safety\\ninformation. (1) The commissioner shall require that every hospital and\\nbirth center distribute at the time of discharge directly to each\\nmaternity patient and, upon request, to the general public an\\ninformational leaflet concerning crib safety. Such leaflet shall be\\ndesigned by the commissioner in conjunction with the director of the\\ndivision of consumer protection, on behalf of the consumer protection\\ndivision, and shall contain information detailing safe sleeping\\nprocedures for babies, crib product recalls and disclosure of the\\nfederal standards on the manufacture and sale of cribs.\\n (2) Such leaflet shall be made available to hospitals and birth\\ncenters by the department on its website and shall be provided in\\nEnglish, as well as the top six languages other than English spoken in\\nthe state according to the latest available data from the United States\\nBureau of Census.\\n (3) Hospital staff shall inquire whether the maternity patient has a\\nnew crib available for any newborns. If the maternity patients do not\\nhave a new crib available, hospital staff shall provide information\\nabout where to obtain a new crib, including social services agencies,\\nnon-profit service providers or other relevant organizations.\\n * NB There are 2 par (v)'s\\n 2. The commissioner and any person authorized by him so to do, may,\\nwithout fee or hindrance, enter, examine and survey all grounds,\\nerections, vehicles, structures, apartments, buildings and places.\\n 3. The commissioner may, on behalf and in the interest of the health\\nof the people of the state enter into such contracts or agreements with\\nindividuals, colleges, universities, associations, corporations,\\nmunicipalities and other units of government as may be deemed necessary\\nand advisable to carry out the general intent and purposes of the public\\nhealth law and the sanitary code. Such contracts may provide for payment\\nby the state, within the limit of funds available, for materials,\\nequipment or services.\\n 4. The commissioner may:\\n (a) issue subpoenas, compel the attendance of witnesses and compel\\nthem to testify in any matter or proceeding before him, and may also\\nrequire a witness to attend and give testimony in a county where he\\nresides or has a place of business without the payment of any fees;\\n (b) annul or modify an order, regulation, by-law or ordinance of a\\nlocal board of health concerning a matter which in his judgment affects\\nthe public health beyond the territory over which such local board of\\nhealth has jurisdiction;\\n (c) assess any penalty prescribed for a violation of or a failure to\\ncomply with any term or provision of this chapter or of any lawful\\nnotice, order or regulation pursuant thereto, not exceeding two thousand\\ndollars for every such violation or failure, which penalty may be\\nassessed after a hearing or an opportunity to be heard;\\n (d) assess civil penalties against a public water system which\\nprovides water to the public for human consumption through pipes or\\nother constructed conveyances, as further defined in the state sanitary\\ncode or, in the case of mass gatherings, the person who holds or\\npromotes the mass gathering as defined in subdivision five of section\\ntwo hundred twenty-five of this article not to exceed twenty-five\\nthousand dollars per day, for each violation of or failure to comply\\nwith any term or provision of the state sanitary code as it relates to\\npublic water systems that serve a population of five thousand or more\\npersons or any mass gatherings, which penalty may be assessed after a\\nhearing or an opportunity to be heard.\\n 5. Subject to the provisions of the state finance law, the\\ncommissioner is authorized to take, and administer for the state any\\ngrant, gift or bequest to be applied, principal or income or both, for\\nthe purposes specified in such grant, to the maintenance and use of any\\nhospital, institution or service in the department.\\n 6. The commissioner may enter into contracts:\\n (a) with corporations duly licensed in the state of New York to\\ntransact the business of accident and health insurance to provide to\\nsick and disabled persons insured by them such home care, including\\nnursing and other paramedical services (excluding physicians' services)\\nas may be needed by them;\\n (b) with hospital service corporations organized and operating in\\naccordance with article forty-three of the insurance law to provide to\\ntheir subscribers nursing service and such other paramedical services as\\nwould have been available in a hospital (excluding physicians' services)\\nat rates which shall prior to payment be approved as to reasonableness\\nby the superintendent of financial services;\\n (c) with any municipal corporation or local, state or federal agency\\nto provide such home care, including nursing and other paramedical\\nservices (excluding physicians' services) as may be needed by sick and\\ndisabled persons;\\n (d) with medical expense indemnity corporations organized and\\noperating in accordance with article forty-three of the insurance law to\\nprovide their subscribers with such home care, including nursing and\\nother paramedical services, as may be needed by them at rates which\\nshall prior to payment be approved as to reasonableness by the\\nsuperintendent of financial services; and\\n (e) with any non-profit corporation, agency or association established\\nfor the purpose of improvement of health services or for the purpose of\\nproviding home care for sick and disabled persons, including nursing and\\nother paramedical services (excluding physicians' services) as may be\\nneeded by such persons.\\n Such services may be provided by the state health commissioner by\\nsubcontract with a city or county rendering nursing and other\\nparamedical services or any non-profit corporation, agency or\\nassociation established for the purpose of the improvement of health\\nservices or for the purpose of providing home care for sick and disabled\\npersons including nursing and other paramedical services (excluding\\nphysicians' services).\\n The state health commissioner shall establish the fees to be charged\\nfor such services to be rendered pursuant to such contracts and, upon\\nreceipt of such fees, shall remit the same to the comptroller.\\n 7. The commissioner may establish fees for nursing and other\\nparamedical services (excluding physicians' services) rendered to people\\nsick at home.\\n Such services may be provided by the state health commissioner or by\\nsubcontract with a city or county rendering nursing and other\\nparamedical services or any non-profit corporation, agency, or\\nassociation established for the purpose of the improvement of health\\nservices or for the purpose of providing home care for sick and disabled\\npersons including nursing and other paramedical services (excluding\\nphysicians' services).\\n 8. Whenever, in this chapter, the commissioner is empowered to or\\ncharged with the responsibility to do or perform any act, he may\\ndeputize in writing any officer or employee in the department to do or\\nperform the act in his place and stead.\\n 9. The commissioner may deputize in writing any local health officer\\nto do or perform in his place and stead those duties and\\nresponsibilities charged upon the commissioner by paragraphs (d), (g),\\n(h) and (i) of subdivision one of this section, those duties of\\ninspection and enforcement charged upon the commissioner by paragraph f\\nof subdivision three of section six thousand five hundred fifty-eight of\\nthe education law and those duties of inspection and supervision charged\\nupon the department by paragraphs (m), (n), (r) and (s) of subdivision\\none of section two hundred one of this chapter; provided, however, in\\nthe city of New York such deputization shall be subject to the prior\\napproval of the mayor of such city.\\n 10. The commissioner, with the approval of the state director of the\\nbudget, shall establish and promulgate a schedule of proportional shares\\nfor cost sharing under subdivision one of section three hundred\\nsixty-nine-d of the social services law. In developing such a schedule,\\nthe commissioner shall take into consideration various options available\\nfor obtaining health care services, the availability of such services,\\nand the impact of cost sharing on prudent utilization and efficient\\nprovision of services without undue barriers to care for persons\\neligible for assistance under the catastrophic health care expense\\nprogram established by section three hundred sixty-nine-c of the social\\nservices law.\\n 11. The commissioner shall cooperate with the commissioner of the\\nstate department of environmental conservation, district attorneys and\\nthe department of law in providing assistance in the investigation and\\nprosecutions of violations of article twenty-seven of the environmental\\nconservation law.\\n * 12. (a) The commissioner shall establish and assess a regulatory\\nassessment fee which will be charged to providers of health-care\\nservices regulated by the department under the provisions of articles\\ntwenty-eight, thirty-six and forty-four of this chapter, including\\nhealth maintenance organizations established pursuant to article\\nforty-three of the insurance law. The level of such regulatory fees\\nshall be sufficient to recover the costs related to regulating such\\nproviders and costs related to the establishment and auditing of rates\\nof reimbursement for the state fiscal year ending during the annual\\nperiod in which such fee shall be assessed. Such costs will be certified\\nby the director of the budget to the commissioner and shall include\\ndirect and indirect costs. The commissioner, subject to the approval of\\nthe director of the budget, shall develop a means of distributing the\\nassessment of such a fee among the affected health-care providers based\\nupon each provider's proportionate share of the sum of total costs and\\nrevenues reported for all such providers. For the purposes of this\\nsection, the sum of total costs and revenues shall be calculated by\\nincluding, for the most recent annual period for which certified data is\\navailable, total reported costs of a facility except that amounts\\nincluded for general hospital outpatient and emergency services and\\ntreatment or diagnostic center services shall be based upon reported, or\\nin its absence, estimated revenues, and costs included for article\\nforty-four providers, and article forty-three providers of the insurance\\nlaw shall exclude costs associated with the purchase of inpatient\\nservices.\\n (b) The fees assessed pursuant to this subdivision shall be deemed\\nallowable operating costs in the determination of reimbursement rates\\nand charges established pursuant to articles twenty-eight, thirty-six\\nand forty-four of this chapter and article forty-three of the insurance\\nlaw. The costs incurred for this purpose during a given rate year shall\\nbe included in the respective reimbursement rates for each such year.\\nCharges established pursuant to subdivisions six and thirteen of section\\ntwenty-eight hundred seven-a of this chapter shall also be permitted to\\nincrease to include the annual costs associated with the assessment of\\nsuch fee. The cost of such fee shall not be subject to reimbursement\\nceilings or other penalties used by the commissioner for the purpose of\\nestablishing rates of reimbursement pursuant to articles twenty-eight,\\nthirty-six and forty-four of this chapter and article forty-three of the\\ninsurance law. Whenever an adjustment in such fees is made,\\nreimbursement rates shall also be adjusted to include the increase or\\ndecrease in costs associated with such assessment fee.\\n (c) There is hereby created and established in the joint custody of\\nthe comptroller and the commissioner of taxation and finance an account\\nto be known as the health care regulatory account. Notwithstanding\\nsection one hundred twenty-one of the state finance law or any other law\\nto the contrary, the commissioner shall pay to the state treasurer for\\ndeposit into such account any revenues received from the regulatory fee\\nor amounts withheld pursuant to paragraph (d) of this subdivision. The\\ncommissioner shall establish by regulation a schedule of payments which\\nto the extent practicable shall reflect the timeliness of reimbursement\\nreceived by providers for the cost of such fee and define timely\\npayments of the regulatory assessment fee for the purposes of\\nimplementing paragraph (d) of this subdivision. Payments established\\npursuant to this paragraph shall not be due until reimbursement rates\\nestablished pursuant to articles twenty-eight, thirty-six and forty-four\\nof this chapter and article forty-three of the insurance law are\\nadjusted to include the annual cost of such fee. The fee may be adjusted\\nby the commissioner at any time, but in no event shall the fees exceed\\nthe amount appropriated for transfer to the general fund from the health\\ncare regulatory account.\\n (d) Upon receipt of notification from the commissioner or the director\\nof the budget, the comptroller or a fiscal intermediary designated by\\nthe director of the budget shall withhold from the amount of any payment\\nto be made by the state to a provider enumerated in paragraph (a) of\\nthis subdivision the amount of such arrearage resulting from such\\nprovider's failure to make a timely payment of the regulatory assessment\\nfee in accordance with the schedule promulgated by the commissioner.\\nUpon withholding such amount, the comptroller or a designated fiscal\\nintermediary shall pay the commissioner such amount withheld.\\n * NB (Effective pending Federal Government Ruling)\\n * 13. (a) The commissioner shall establish and assess a fee which will\\nbe charged to providers of health-care services regulated by the\\ndepartment under the provisions of articles twenty-eight, thirty-six and\\nforty-four of this chapter, including health maintenance organizations\\nestablished pursuant to article forty-three of the insurance law. The\\nlevel of such fee shall be sufficient to recover the costs of making\\ngrants to health systems agencies and to match other contributions\\npursuant to subdivision (g) of section two thousand nine hundred four-b\\nof this chapter (the health systems agency fee). The commissioner,\\nsubject to the approval of the director of the budget, shall develop a\\nmeans of distributing the assessment of the fee among the affected\\nhealth-care providers based upon each provider's proportionate share of\\nthe sum of total costs and revenues reported for all such providers. For\\nthe purposes of this section, the sum of total costs and revenues shall\\nbe calculated by including, for the most recent annual period for which\\ncertified data is available, total reported costs of a facility except\\nthat amounts included for general hospital outpatient and emergency\\nservices and treatment or diagnostic center services shall be based upon\\nreported, or in its absence estimated revenues, and costs included for\\narticle forty-four providers and article forty-three providers of the\\ninsurance law, shall exclude costs associated with the purchase of\\ninpatient services. The fee shall not exceed one-tenth of one percent of\\nthe total costs or revenues reported by such provider. There is hereby\\ncreated and established in the joint custody of the comptroller and the\\ncommissioner of taxation and finance an account to be known as the\\nhealth systems agency account. Notwithstanding section one hundred\\ntwenty-one of the state finance law, or any other law to the contrary,\\nthe commissioner shall pay to the state treasurer for deposit into such\\naccount any revenues received from the health systems agency fees or\\namounts withheld pursuant to paragraph (c) of this subdivision for\\nhealth systems agency fee obligations into the health systems agency\\naccount. The monies deposited to the health systems agency account shall\\nbe used to make grants to health systems agencies pursuant to\\nsubdivision (f) of section twenty-nine hundred four-b of this chapter\\nand to match contributions pursuant to subdivision (g) of section two\\nthousand nine hundred four-b of this chapter. The commissioner shall\\nestablish by regulation a schedule of payments which to the extent\\npracticable shall reflect the timeliness of reimbursement received by\\nproviders for the cost of such fee and a definition of timely payments\\nfor the purposes of implementing paragraph (c) of this subdivision. No\\npayment shall be due until reimbursement rates established pursuant to\\narticles twenty-eight, thirty-six and forty-four of this chapter and\\narticle forty-three of the insurance law are adjusted to include the\\ncosts of the fee. The fee may be adjusted by the commissioner at any\\ntime, but in no event shall the fees exceed the limitation set forth in\\nthis paragraph.\\n (b) The fees assessed pursuant to this subdivision shall be deemed\\nallowable operating costs in the determination of reimbursement rates\\nand charges established pursuant to articles twenty-eight, thirty-six\\nand forty-four of this chapter and article forty-three of the insurance\\nlaw. The costs incurred for this purpose during a given rate year shall\\nbe included in the respective reimbursement rates for each such year.\\nCharges established pursuant to subdivisions six and thirteen of section\\ntwenty-eight hundred seven-a of this chapter shall also be permitted to\\nincrease to include the annual costs associated with the assessment of\\nsuch fee. The cost of such fee shall not be subject to reimbursement\\nceilings or other penalties used by the commissioner for the purpose of\\nestablishing rates of reimbursement pursuant to articles twenty-eight,\\nthirty-six and forty-four of this chapter and article forty-three of the\\ninsurance law. Whenever an adjustment in such fees is made,\\nreimbursement rates shall also be adjusted to include the increase or\\ndecrease in costs associated with such fee.\\n (c) Upon receipt of notification from the commissioner or the director\\nof the budget, the comptroller or a fiscal intermediary designated by\\nthe director of the budget shall withhold from the amount of any payment\\nto be made by the state to a provider enumerated in paragraph (a) of\\nthis subdivision the amount of such arrearage resulting from such\\nprovider's failure to make a timely payment of the fee in accordance\\nwith the schedule promulgated by the commissioner. Upon withholding such\\namount, the comptroller or a designated fiscal intermediary shall pay\\nthe commissioner such amount withheld.\\n * NB (Effective pending Federal Government Ruling)\\n 14. (a) Notwithstanding section one hundred twelve of the state\\nfinance law or any other provision of law to the contrary, the\\ncommissioner is authorized to establish a plan for the collection and\\ndisbursement of clinical practice income resulting from the clinical\\npractice of licensed health professionals employed by Roswell Park\\nCancer Institute.\\n (b) For the purposes of this subdivision the following words shall\\nhave the following meanings:\\n (i) \"clinical practice\" means providing all forms of medical and\\nhealth care, including patient consultations, and performing clinical\\ninvestigation involving patients, at or through Roswell Park Cancer\\nInstitute, for which acts a fee for professional service is customarily\\ncharged.\\n (ii) \"clinical practice income\" means the income from fees for\\nservices of licensed health professionals rendered in connection with\\nclinical practice.\\n (iii) \"clinical practice plan\" means a facility-based plan established\\nto provide for the management, including collection and disbursement, of\\nclinical practice income, subject to direction by a facility-based\\ngoverning board.\\n (c) The commissioner is authorized to promulgate such rules and\\nregulations as may be necessary to implement the provisions of this\\nsubdivision. Such rules shall include, but not be limited to, criteria\\nfor participation in the clinical practice plan, including who\\ncontributes and who may receive income from the plan, the purposes for\\nwhich such income may be disbursed, the maximum allowable compensation,\\nthe fringe benefits provided by the plan, provision for an accounting\\nsystem for recording all receipts and disbursements of fees received,\\nand provision for fiscal reports to the commissioner and an annual audit\\nof such accounts by the state and/or an independent auditor.\\n Notwithstanding any law, rule or regulation to the contrary, the\\ncommissioner may determine the fringe benefits to be provided to the\\nclinical practice plan members from clinical practice income and may\\nauthorize the expenditure of clinical practice income for this purpose\\nor to supplement fringe benefits provided from state appropriations.\\n (d) Any clinical practice plan established pursuant to this\\nsubdivision shall not restrict the authority of the comptroller in\\nparagraph (c) of subdivision two of section four hundred nine of this\\nchapter to maintain at all times on deposit in the department of health\\nincome fund established pursuant to section four hundred nine of this\\nchapter the aggregate amount of money needed by the department during\\nsix calendar months to comply in full with all obligations of the\\ndepartment under the terms of every lease, sublease, or agreement of the\\ndepartment with the dormitory authority which is then in effect.\\n (e) Employees with a faculty appointment participating in a clinical\\npractice plan at Roswell Park Cancer Institute established pursuant to\\nsubdivision fourteen of section two hundred six of this chapter who are\\neligible to participate in the New York state employees' retirement\\nsystem may elect, within ninety days of becoming eligible to participate\\nin such system, in lieu of participating in such system, to participate\\nin the optional retirement program available to employees of the state\\nuniversity of New York pursuant to article eight-B of the education law,\\nsubject to the terms and conditions of that article and to the\\nprovisions of the retirement and social security law.\\n * 15. Notwithstanding any other provision of law to the contrary, the\\ncommissioner is authorized to establish a statewide in-line skate, skate\\nboard, and bicycle helmet public education and awareness program and a\\nstatewide in-line skate, skate board, and bicycle helmet distribution\\nprogram. The purpose of the statewide in-line skate, skate board, and\\nbicycle helmet public education and awareness program is to provide a\\nplan for the coordination of county, city, town and village efforts to\\nreduce in-line skate, skate board, and bicycle related injuries and\\nfatalities. The purpose of the statewide in-line skate, skate board, and\\nbicycle helmet distribution program is to provide a plan for the\\ncoordination of county, city, town and village efforts to distribute\\nhelmets to persons who can demonstrate an economic hardship that\\nprecludes them from purchasing such helmet. The commissioner shall make\\nall necessary efforts to ensure that an in-line skate, skate board, and\\nbicycle helmet distribution program is instituted in each county of the\\nstate. The commissioner is authorized to promulgate such rules and\\nregulations as may be necessary to implement the provisions of this\\nsubdivision.\\n * NB There are 3 sub. 15's\\n * 15. (a) The commissioner shall promulgate rules and regulations\\nwhich establish:\\n (i) procedures to review and approve rape crisis programs that provide\\ntraining to rape crisis counselors as defined in section four thousand\\nfive hundred ten of the civil practice law and rules;\\n (ii) minimum training standards for rape crisis counselors;\\n (iii) procedures to enable approved rape crisis programs to certify\\ncurrent and future rape crisis counselors, including volunteer\\ncounselors, provided such rape crisis counselors have met the minimum\\ntraining standards as set forth in this subdivision; and\\n (iv) procedures to periodically review approved training programs to\\nassure they continue to satisfy established standards.\\n (b) Rape crisis programs approved by the commissioner shall provide\\ntraining programs consisting of at least thirty hours of pre-service\\ntraining and within the first year of service at least ten hours of\\nin-service training for rape crisis counselors. This training shall\\ninclude but not be limited to, instruction on the following:\\n (i) the dynamics of sexual offenses, sexual abuses or incest;\\n (ii) crisis intervention techniques;\\n (iii) client-counselor confidentiality requirements;\\n (iv) communication skills and intervention techniques;\\n (v) an overview of the state criminal justice system;\\n (vi) an update and review of state laws on sexual offenses, sexual\\nabuse or incest;\\n (vii) the availability of state and community resources for clients;\\n (viii) working with a diverse population;\\n (ix) an overview of child abuse and maltreatment identification and\\nreporting responsibilities; and\\n (x) information on the availability of medical and legal assistance\\nfor such clients.\\n (c) The department shall provide technical assistance to approved rape\\ncrisis programs to implement training programs in accordance with the\\nminimum standards set forth in this subdivision.\\n * NB There are 3 sub. 15's\\n * 15. The commissioner is authorized to make grants and enter into\\ncontracts, as recommended by the state task force on clinical practice\\nguidelines and medical technology assessment established pursuant to\\nsection twenty-eight hundred four-a of this chapter, for research and/or\\nprojects to promote the identification, evaluation, development and/or\\napplication of clinical practice guidelines and appropriate use of\\nmedical technology, but in no way to direct or mandate the use of such\\nguidelines or technology, to the extent of funds available therefor from\\nthe commissioner's priority distributions pursuant to subparagraph (ii)\\nof paragraph (f) of subdivision nineteen of section twenty-eight hundred\\nseven-c of this chapter. No grants or contracts executed pursuant to\\nthis section shall be for the purpose of developing clinical practice\\nguideline based reimbursement methodologies or any other regulations.\\nFor the purposes of this subdivision, \"clinical practice guidelines\"\\nshall mean systematically developed statements to assist physician and\\npatient decisions about the appropriate health care for specific\\nclinical circumstances, and \"medical technology\" shall mean an\\ninstrument or unit of equipment or technique for use as a health related\\ntreatment, testing or diagnostic tool.\\n * NB Expired June 30, 1996; There are 3 sub. 15's\\n 16. The commissioner, in consultation with the commissioner of the\\ndepartment of motor vehicles, shall promulgate rules and regulations\\nspecifying the medical conditions based on health and safety which\\njustify granting an exception to the requirements of subparagraphs one\\nand two of paragraph (b) of subdivision twelve-a of section three\\nhundred seventy-five of the vehicle and traffic law.\\n * 17. (a) The commissioner shall enter into an agreement with the\\ncommissioner of taxation and finance which shall set forth the\\nprocedures for the crediting of overpayments of tax owed to an\\nindividual taxpayer, estate or trust to the repayment of overpayments of\\nmedical assistance payments owed to the department or a social services\\ndistrict by such person pursuant to the provisions of section one\\nhundred seventy-one-f of the tax law and is authorized to furnish to the\\ncommissioner of taxation and finance such information and to take such\\nother actions as may be necessary to carry out the agreement provided\\nfor in such section, for the crediting of overpayments of tax to\\nrepayment of overpayments of medical assistance payments received by an\\nindividual who is or has been enrolled as a provider in the New York\\nstate medical assistance program as established under title eleven of\\narticle five of the social services law.\\n (b) The department shall by regulation establish procedures by which\\nany individual, estate or trust which is the subject of a certification\\nto the department of taxation and finance in accordance with such\\nagreement may contest such certification. Such regulations and the\\nnotice required by subdivision three of section one hundred\\nseventy-one-f of the tax law shall set forth defenses which may be\\navailable to the individual, estate or trust to contest such\\ncertification and the manner in which a review of the certification\\nbased on such defenses may be obtained.\\n (c) In accordance with such agreement and the provisions of section\\none hundred seventy-one-f of the tax law, the department shall be\\nentitled to receive payments to satisfy the payment obligation of a\\nperson who is receiving or has received payment as a provider in the New\\nYork state medical assistance program established under title eleven of\\narticle five of the social services law, in accordance with a written\\nfinal determination of the department, provided that a proceeding for\\nadministrative or judicial review shall not be pending and the time for\\ninitiation of such proceedings shall be expired.\\n * NB There are 2 sub. 17's\\n * 17. The department, upon completion of a review of the existing\\nscientific research regarding allergic reactions to natural rubber latex\\nproducts, shall issue guidelines, in consultation with health care\\nproviders, for a latex management program, in health care settings.\\n * NB There are 2 sub. 17's\\n * 18. The commissioner is authorized and directed to promulgate rules\\nand regulations to establish standards for water wells, including but\\nnot limited to drilling, construction, abandonment, repair, maintenance,\\nwater flow, including testing thereof, and pump standards for such\\nwells.\\n * NB There are 2 sub. 18's\\n * 18. The commissioner, subject to the approval of the director of the\\nbudget, is authorized to approve and implement medicaid demonstration\\nprograms designed to provide additional knowledge and experience and to\\ncollect information concerning alternative methodologies for\\nreimbursement, delivery of medical services, or eligibility for medical\\nassistance in hospice operated nursing homes and is further authorized\\nto waive such provisions of article twenty-eight of this chapter and\\ntitle eleven of article five of the social services law as are necessary\\nto implement such demonstration programs when such waiver will promote\\nthe efficient delivery of appropriate, quality, cost-effective services\\nand when the health, safety and general welfare of patients will not be\\nimpaired as a result of such waiver.\\n * NB There are 2 sub. 18's\\n 18-a. Health information technology demonstration program. (a) (i) The\\ncommissioner is authorized to issue grant funding to one or more\\norganizations broadly representative of physicians licensed in this\\nstate, from funds made available for the purpose of funding research and\\ndemonstration projects under subparagraph (ii) of this paragraph\\ndesigned to promote the development of electronic health information\\nexchange technologies in order to facilitate the adoption of\\ninteroperable health records.\\n (ii) Project funding shall be disbursed to projects pursuant to a\\nrequest for proposals based on criteria relating to promoting the\\nefficient and effective delivery of quality physician services.\\nDemonstration projects eligible for funding under this paragraph shall\\ninclude, but not be limited to:\\n (A) efforts to incentivize electronic health record adoption;\\n (B) interconnection of physicians through regional collaborations;\\n (C) efforts to promote personalized health care and consumer choice;\\n (D) efforts to enhance health care outcomes and health status\\ngenerally through interoperable public health surveillance systems and\\nstreamlined quality monitoring.\\n (iii) The department shall issue a report to the governor, the\\ntemporary president of the senate and the speaker of the assembly within\\none year following the issuance of the grants. Such report shall\\ncontain, at a minimum, the following information: the demonstration\\nprojects implemented pursuant to this paragraph, their date of\\nimplementation, their costs and the appropriateness of a broader\\napplication of the health information technology program to increase the\\nquality and efficiency of health care across the state.\\n * (b) The commissioner shall:\\n (i) post on its website by September first, two thousand fifteen and\\nquarterly thereafter, information on the uses of funding in support of\\nthe Statewide Health Information Network of New York (SHIN-NY),\\nincluding how such funds may be used to:\\n (A) support hospitals, physicians, and other providers in the\\nachievement of federal meaningful use requirements;\\n (B) support DSRIP health information exchange and data requirements to\\nhelp performing provider systems and the state meet DSRIP quality goals;\\nand\\n (C) increase participation in regional health information\\norganizations by providers at reasonable costs to the providers; and\\n (ii) convene a workgroup to:\\n (A) evaluate the state's health information technology infrastructure\\nand systems, as well as other related plans and projects designed to\\nmake improvements or modifications to such infrastructure and systems\\nincluding, but not limited to, the all payor database (APD), the state\\nplanning and research cooperative system (SPARCS), regional health\\ninformation organizations (RHIOs), the statewide health information\\nnetwork of New York (SHIN-NY) and medical assistance eligibility\\nsystems; and\\n (B) develop recommendations for the state to move toward a\\ncomprehensive health claims and clinical database aimed at improving\\nquality of care, efficiency, cost of care and patient satisfaction\\navailable in a self-sustainable, non-duplicative, interactive and\\ninteroperable manner that ensures safeguards for privacy,\\nconfidentiality and security;\\n (iii) submit an interim report to the governor, the temporary\\npresident of the senate and the speaker of the assembly, which shall\\ndetail the concerns and issues associated with establishing the state's\\nhealth information technology infrastructure considered by the\\nworkgroup, on or before December first, two thousand fourteen; and\\n (iv) submit a report to the governor, the temporary president of the\\nsenate and the speaker of the assembly, which shall fully consider the\\nevaluation and recommendations of the workgroup, on or before December\\nfirst, two thousand fifteen.\\n * NB Effective until March 31, 2020\\n * (b) The commissioner shall make such rules and regulations as may be\\nnecessary to implement federal policies and disburse funds as required\\nby the American Recovery and Reinvestment Act of 2009 and to promote the\\ndevelopment of a statewide health information network of New York\\n(SHIN-NY) to enable widespread interoperability among disparate health\\ninformation systems, including electronic health records, personal\\nhealth records and public health information systems, while protecting\\nprivacy and security. Such rules and regulations shall include, but not\\nbe limited to, requirements for organizations covered by 42 U.S.C. 17938\\nor any other organizations that exchange health information through the\\nSHIN-NY.\\n * NB Effective March 31, 2020\\n (c) The members of the workgroup shall include, at a minimum, three\\nmembers who represent RHIOs, two members employed by the department who\\nare involved in the development of the SHIN-NY and the APD, two members\\nwho represent physicians, two members who represent hospitals, two\\nmembers who represent home care agencies, one member who represents\\nfederally qualified health centers, one member who represents county\\nhealth commissioners, the chair of the senate health committee or his or\\nher designee, the chair of the assembly health committee or his or her\\ndesignee, and other individuals with expertise in matters relevant to\\nthe charge of the workgroup.\\n * (d) The commissioner may make such rules and regulations as may be\\nnecessary to implement federal policies and disburse funds as required\\nby the American Recovery and Reinvestment Act of 2009 and to promote the\\ndevelopment of a self-sufficient SHIN-NY to enable widespread,\\nnon-duplicative interoperability among disparate health information\\nsystems, including electronic health records, personal health records,\\nhealth care claims, payment and other administrative data, and public\\nhealth information systems, while protecting privacy and security. Such\\nrules and regulations shall include, but not be limited to, requirements\\nfor organizations covered by 42 U.S.C. 17938 or any other organizations\\nthat exchange health information through the SHIN-NY or any other\\nstatewide health information system recommended by the workgroup. If the\\ncommissioner seeks to promulgate rules and regulations prior to issuance\\nof the report identified in subparagraph (iv) of paragraph (b) of this\\nsubdivision, the commissioner shall submit the proposed regulations to\\nthe workgroup for its input. If the commissioner seeks to promulgate\\nrules and regulations after the issuance of the report identified in\\nsuch subparagraph (iv) then the commissioner shall consider the report\\nand recommendations of the workgroup. If the commissioner acts in a\\nmanner inconsistent with the input or recommendations of the workgroup,\\nhe or she shall provide the reasons therefor.\\n * NB Effective until March 31, 2020\\n * 19. The commissioner is authorized and directed to promulgate rules\\nand regulations as may be necessary, with respect to the form and\\ncontent of applications for licenses, the fees to be charged for\\nobtaining licenses, permits, duplicates and renewals, the reception\\nthereof, the investigation and examination of applicants and of\\nprospective applicants taking examinations and their qualifications, the\\ninquiry into the operation of body piercing or tattooing studios and the\\nconducting of periodic inspection of facilities to determine compliance\\nby the tattoo or body piercing studio with applicable statutes, rules\\nand regulations, appropriate penalties for failure to abide by rules and\\nregulations promulgated pursuant to this article, and additional visits\\nthat may be made to tattoo or body piercing studios to determine whether\\nviolations or deficiencies have been corrected, to investigate any\\ncomplaint, and for any other purposes deemed necessary and appropriate\\nby the commissioner. Such regulations shall include, but not be limited\\nto, the hygienic requirements for sterilization of sharps, needles, and\\nother supplies and equipment, the general cleanliness of the body\\npiercing studio or tattoo studio, the disposal of each sharp and other\\nsingle use supplies after use on one customer, the proper disposal of\\ncontaminated supplies and equipment, and other matters incidental or\\nappropriate to the powers and duties of the commissioner as prescribed\\nby this subdivision and for the proper administration and enforcement of\\nthe provisions of this subdivision to ensure the health, safety and\\nwelfare of the public.\\n * NB There are 2 sub. 19's\\n * 19. (a) The commissioner shall ensure that any contracts entered\\ninto, renewed, extended, modified or in any way made or continued with\\nentities pursuant to article twenty-eight of this chapter to receive,\\ndistribute and otherwise administer funds for the pools specified in\\nthis subdivision, require such pool administrators to submit directly to\\nthe temporary president of the senate and the speaker of the assembly\\nquarterly reports on the collection, pooling and distribution of funds\\npursuant to the following sections of this chapter:\\n (i) paragraph (a) of subdivision eighteen of section twenty-eight\\nhundred seven-c of this chapter, providing for a one percent assessment\\non hospital revenues;\\n (ii) section twenty-eight hundred seven-j, establishing allowances on\\nnet patient service revenues;\\n (iii) section twenty-eight hundred seven-k, establishing the general\\nhospital indigent care pool;\\n (iv) section twenty-eight hundred seven-l, establishing the health\\ncare initiatives pool;\\n (v) section twenty-eight hundred seven-m, establishing regional\\nprofessional education pools;\\n (vi) section twenty-eight hundred seven-s, establishing professional\\neducation pool funding;\\n (vii) section twenty-eight hundred seven-t, establishing assessments\\non covered lives; and\\n (viii) section twenty-eight hundred seven-v, establishing tobacco\\ncontrol and insurance initiatives pool.\\n The commissioner shall assist such pool administrators, as necessary,\\nin the fulfillment of this requirement.\\n (b) Reports filed pursuant to paragraph (a) of this subdivision shall,\\nat a minimum, for each quarterly period\\n (i) profile, as of the end of each quarter and based on the available\\ndata, all revenue collected pursuant to each source specified in\\nsubparagraphs (i), (ii), (vi) and (vii) of paragraph (a) of this\\nsubdivision, as well as revenue collected for deposit into the pools\\nspecified in subparagraph (viii) of such paragraph, further reported, as\\napplicable, according to each category of payer, including, but not\\nlimited to, medical assistance, private insurance, employer benefit\\nplans, workers' compensation, no-fault, cigarette taxes, tobacco\\nsettlement funds, and the public asset established pursuant to sections\\nfour thousand three hundred one and seven thousand three hundred\\nseventeen of the insurance law;\\n (ii) profile, as of the end of each quarter and based on the available\\ndata, aggregate revenue, by source, deposited for the quarter, into each\\npool specified in subparagraphs (iii), (iv), (v), and (viii) of\\nparagraph (a) of this subdivision as well as the fund balances for each\\nsuch pool as of the end of each quarter; and\\n (iii) profile, as of the end of each quarter and based on the\\navailable data, every disbursement from each pool specified in\\nsubparagraphs (iii), (iv), (v) and (viii) of paragraph (a) of this\\nsubdivision, further reported, as applicable, according to and\\nindicative of each allocation specified for such pool, and further\\nreported according to and indicative of each recipient of funds from\\neach such allocation, except allocations made pursuant to subparagraph\\n(iii) of paragraph (c) of subdivision one of section twenty-eight\\nhundred seven-l of this chapter, and further indicative of the status of\\nfunding for each such recipient.\\n (c) The reports required by paragraph (a) of this subdivision shall\\ncover the periods January through March, April through June, July\\nthrough September and October through December and shall be submitted no\\nlater than forty-five days following the last day of the quarterly\\nperiod covered by the report. Reports shall be submitted in both written\\nand electronic form.\\n (d) The commissioner shall also ensure that any such contracts require\\nsuch entities, beginning August first, two thousand three and no later\\nthan the twelfth day of each month thereafter, to report to the\\ncomptroller in an electronic and written format the beginning pool\\nbalances, receipts collected by source, the disbursements made by\\npurpose, the amount and nature of any transfers made among such pools,\\nand the ending pool balances for the pools described in subparagraphs\\n(i), (ii) and (iii) of paragraph (b) of this subdivision and at the same\\nlevel of specificity required by such paragraph. The comptroller shall\\ninclude such information in the monthly report required by subdivision\\nnine-a of section eight of the state finance law. Any additional\\nexpenses incurred by the entity as a result of this paragraph shall be\\nborne by the department of health.\\n * NB There are 2 sub. 19's\\n 20. The commissioner shall, in consultation with the superintendent of\\nstate police, promulgate, by regulation, a list of \"select chemical\\nagents\" which shall consist only of those toxic chemicals which have\\nbeen identified, as of the effective date of this subdivision, for the\\napplication of verification measures under article VI of the convention\\non the prohibition of the development, production, stockpiling and use\\nof chemical weapons and on their destruction, opened for signature on\\nJanuary thirteenth, nineteen hundred ninety-three, in schedules\\ncontained in the annex to said convention. The commissioner may, from\\ntime to time, promulgate regulations amending said list in the event\\nthat the schedules contained in the annex to the convention are amended,\\nrevised, modified or repealed, so that the list of select chemical\\nagents promulgated pursuant to this subdivision conforms in whole or in\\npart to any such amended, revised, modified or repealed list, if the\\ncommissioner determines that any such amendment, revision, modification\\nor repeal is consistent with the purposes of this chapter.\\n * 21. The commissioner shall, in consultation with the superintendent\\nof state police, promulgate, by regulation, a list of \"select biological\\nagents\" which shall consist only of those select biological agents which\\nhave been identified, as of the effective date of this subdivision, by\\nthe United States Secretary of Health and Human Services and placed on\\nthe select agent list established pursuant to section 511 (d) of the\\nAntiterrorism and Effective Death Penalty Act, Pub. L. 104-132 at 42\\nC.F.R. Part 72. The commissioner may, from time to time, promulgate\\nregulations amending said list in the event that the list of select\\nbiological agents promulgated by federal regulations is amended,\\nrevised, modified or repealed, so that the list of select biological\\nagents promulgated pursuant to this subdivision conforms in whole or in\\npart to any such amended, revised, modified or repealed list, if the\\ncommissioner determines that any such amendment, revision, modification\\nor repeal is consistent with the purposes of this chapter.\\n * NB There are 2 sub 21's\\n * 21. The commissioner shall make the information developed pursuant\\nto section five hundred forty-four of the executive law available\\nthrough, but not limited to, the department's website and written\\nmaterials available to the public.\\n * NB There are 2 sub 21's\\n 22. The commissioner shall provide information and technical\\nassistance concerning the drug discount program authorized by section\\n340B of the federal public health service act (42 U.S.C § 256b) to:\\n (a) covered entities, as defined in section 340B of the public health\\nservice act, to facilitate their participation in such drug discount\\nprogram; and\\n (b) local government officials, regarding the benefits of the drug\\ndiscount program and the process of accessing discounted drugs under the\\nprogram on behalf of individuals whose prescription drug costs are borne\\nby local government, including but not limited to residents of\\ncounty-operated nursing homes.\\n 23. Pursuant to subdivision six of section two hundred two of the\\nstate administrative procedure act, on an emergency basis and upon a\\nfinding by the commissioner of an immediate threat to the public safety,\\nthe commissioner is authorized to remove a drug, procedure or supply\\nwhose primary purpose is to enhance or facilitate sexual performance\\nfrom: (a) the definition of medical assistance established pursuant to\\nsection three hundred sixty-five-a of the social services law, (b) the\\ndefinition of health care services covered by the family health plus\\nprogram established pursuant to section three hundred sixty-nine-ee of\\nthe social services law, (c) the definition of covered health services\\nestablished pursuant to subdivision seven of section twenty-five hundred\\nten of this chapter, or (d) the list of prescription drugs covered by\\nthe program for elderly pharmaceutical insurance coverage (EPIC)\\nestablished pursuant to title three of article two of the elder law, or\\nto otherwise restrict the criteria for payment for such drug, procedure\\nor supply, by the medicaid, family health plus, child health plus, or\\nEPIC programs, for those persons required to register as sex offenders\\npursuant to article six-C of the correction law.\\n * 24. Notwithstanding any inconsistent provision of law to the\\ncontrary, the commissioner is authorized to receive applications and to\\ndetermine initial and continuing eligibility for enrollment under the\\nchild health plus program established under title I-A of article\\ntwenty-five of this chapter, the medical assistance program established\\nunder title eleven of article five of the social services law, and the\\nfamily health plus program established under title eleven-D of such\\narticle. The commissioner may exercise such authority with respect to\\nall residents, or a subset of residents, of one or more local social\\nservices districts. The commissioner is authorized to enter into one or\\nmore contracts, which contracts shall be procured on a competitive basis\\npursuant to a request for proposal process, for the purpose of\\nexercising his or her authority under this subdivision. State employees\\nshall supervise and provide oversight and quality assurance monitoring\\nof contract staff activities. Provided further, the department shall\\nendeavor to use state employees in exercising the commissioner's\\nauthority under this subdivision.\\n * NB There are 2 sb 24's\\n * 24. The commissioner shall have the authority to correct errors on\\nmarriage certificates maintained by the department pursuant to paragraph\\n(e) of subdivision one of this section upon request of any applicant\\nwhose name appears thereon for a certificate of marriage where:\\n (a) such error was not the result of any intended fraud, deception or\\nattempt to avoid the effect of any valid law, regulation or statute; and\\n (b) either party to the marriage provides proof, satisfactory to the\\ncommissioner, of the accuracy of the facts presented in support of\\ncorrecting the error.\\n To effectuate such correction and provide certified copies of the\\namended certificate, the commissioner shall be entitled to a fee not\\nexceeding ten dollars. The commissioner shall forward a copy of such\\namended certificate to the clerk of the town or city which issued such\\ncertificate.\\n * NB There are 2 sb 24's\\n * 25. (a) In assessing and reporting on the impact of section\\nsixty-eight hundred one of the education law, pursuant to subdivision\\nfour of such section the commissioner may use: (1) influenza vaccine\\nsupply data from the federal centers for disease control and prevention;\\n(2) pneumococcal vaccine supply data provided by manufacturers and\\ndistributors of such vaccine; and (3) data from a third party entity\\nthat engages in the collection of data and tracking of pharmaceutical\\nsales and distribution. Manufacturers and distributors of pneumococcal\\nvaccine shall provide or arrange for the timely provision to the\\ncommissioner of such data as the commissioner may reasonably request to\\ncomplete the report. Provider and customer identifiable information\\nsubmitted pursuant to this paragraph shall be confidential, unless the\\ninformation provider consents to its release or the commissioner\\ndetermines disclosure is necessary to respond to an imminent public\\nhealth emergency.\\n (b) Notwithstanding the provisions of paragraph (a) of this\\nsubdivision, the commissioner may require reporting by entities licensed\\npursuant to article twenty-eight or thirty-six of this chapter,\\npharmacies registered pursuant to article one hundred thirty-seven of\\nthe education law, manufacturers and distributors of adult immunizing\\nagents doing business in this state, and others possessing such adult\\nimmunizing agents of additional information needed to respond to an\\nimminent public health emergency.\\n * NB Repealed July 1, 2020\\n 26. The commissioner is hereby authorized and directed to review any\\npolicy or practice instituted in facilities operated by the department\\nof corrections and community supervision, and in all local correctional\\nfacilities, as defined in subdivision sixteen of section two of the\\ncorrection law, regarding human immunodeficiency virus (HIV), acquired\\nimmunodeficiency syndrome (AIDS), and hepatitis C (HCV) including the\\nprevention of the transmission of HIV and HCV and the treatment of AIDS,\\nHIV and HCV among inmates. Such review shall be performed annually and\\nshall focus on whether such HIV, AIDS or HCV policy or practice is\\nconsistent with current, generally accepted medical standards and\\nprocedures used to prevent the transmission of HIV and HCV and to treat\\nAIDS, HIV and HCV among the general public. In performing such reviews,\\nin order to determine the quality and adequacy of care and treatment\\nprovided, department personnel are authorized to enter correctional\\nfacilities and inspect policy and procedure manuals and medical\\nprotocols, interview health services providers and inmate-patients,\\nreview medical grievances, and inspect a representative sample of\\nmedical records of inmates known to be infected with HIV or HCV or have\\nAIDS. Prior to initiating a review of a correctional system, the\\ncommissioner shall inform the public, including patients, their families\\nand patient advocates, of the scheduled review and invite them to\\nprovide the commissioner with relevant information. Upon the completion\\nof such review, the department shall, in writing, approve such policy or\\npractice as instituted in facilities operated by the department of\\ncorrections and community supervision, and in any local correctional\\nfacility, or, based on specific, written recommendations, direct the\\ndepartment of corrections and community supervision, or the authority\\nresponsible for the provision of medical care to inmates in local\\ncorrectional facilities to prepare and implement a corrective plan to\\naddress deficiencies in areas where such policy or practice fails to\\nconform to current, generally accepted medical standards and procedures.\\nThe commissioner shall monitor the implementation of such corrective\\nplans and shall conduct such further reviews as the commissioner deems\\nnecessary to ensure that identified deficiencies in HIV, AIDS and HCV\\npolicies and practices are corrected. All written reports pertaining to\\nreviews provided for in this subdivision shall be maintained, under such\\nconditions as the commissioner shall prescribe, as public information\\navailable for public inspection.\\n 27. The commissioner shall promulgate regulations to require that a\\nmanufacturer or other entity selling, leasing, or otherwise providing\\nany drug, device, or health care service shall not, directly or\\nindirectly, establish as a condition for the use by a dentist of such\\ndrug, device, or health care service that the dentist meet any quota for\\nthe number of patients on whom the dentist uses the drug, device, or\\nhealth care service and that a dentist shall not, directly or\\nindirectly, request or receive from any manufacturer or other entity a\\ndrug, device, or health care service having a condition that the dentist\\nmeet any quota for the number of patients on whom the dentist uses the\\ndrug, device, or health care service.\\n 28. The commissioner shall assist the commissioner of education in\\ndeveloping rules and regulations, relating to pupils who suffer mild\\ntraumatic brain injuries, in accordance with subdivision forty-two of\\nsection three hundred five of the education law, and provide for the\\nposting on the department's internet website of such information as\\nshall be required pursuant to such subdivision.\\n * 29. The commissioner shall prepare a report on the implementation of\\nthe State Health Innovation Plan (SHIP) which shall include:\\n (1) the recommendations of the workgroups established to assist the\\nstate in implementation of the SHIP;\\n (2) the department's efforts in advancing the SHIP's goals; and\\n (3) information on the expenditures of the State Innovation Model\\ngrant.\\nThe report shall be submitted to the governor, the temporary president\\nof the senate, the speaker of the assembly, the chairs of the senate\\nhealth committee and assembly health committee on or before January\\nfirst, two thousand sixteen and annually thereafter.\\n * NB Repealed March 31, 2020\\n * 30. The commissioner shall notify the commissioner of education in\\nany instance in which a registered professional nurse engages in\\nimproper behavior while supervising an advanced home health aide\\npursuant to subdivision two of section sixty-nine hundred eight of the\\neducation law.\\n * NB Repealed March 31, 2023\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "206-A", "title" : "Discrimination in hospital staff appointments and privileges prohibited", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "206-A", "activeDate" : "2014-09-22", "sequenceNo" : 45, "repealedDate" : null, "fromSection" : "206-A", "toSection" : "206-A", "text" : " § 206-a. Discrimination in hospital staff appointments and privileges\\nprohibited. 1. It shall be an unlawful discriminatory practice for the\\ngoverning body of a hospital\\n a. To deny to or to withhold from a physician, dentist or podiatrist\\nstaff membership or professional privileges in a hospital because of his\\nparticipation in any medical group practice, non-profit health insurance\\nplan, or comprehensive health services plan offered by a health\\nmaintenance organization authorized by the laws of the state; or\\n b. To exclude or to expel a physician, dentist or podiatrist from\\nstaff membership or to curtail, terminate or diminish in any way a\\nphysician's, dentist's or podiatrist's professional privileges in a\\nhospital because of his participation in any medical group practice,\\nnon-profit health insurance plan, or comprehensive health services plan\\noffered by a health maintenance organization authorized by the laws of\\nthe state.\\n 2. Any person claiming to be aggrieved by an unlawful discriminatory\\npractice defined by this section may, by himself or his attorney, make,\\nsign and file with the commissioner a verified complaint in writing\\nwhich shall state the name and address of the hospital whose governing\\nbody is alleged to have committed the unlawful discriminatory practice\\ncomplained of and which shall set forth the particulars thereof and\\ncontain such other information as may be required by the commissioner.\\n 3. After the filing of any such complaint, the commissioner shall\\ndesignate a deputy commissioner or other officer of the department to\\nmake a prompt investigation in connection therewith; and if such\\ndesignee shall determine after investigation that probable cause exists\\nfor crediting the allegations of the complaint, he shall immediately\\nendeavor to eliminate the unlawful discriminatory practice by\\nconference, conciliation and persuasion.\\n 4. In case of a failure so to eliminate such practice, or in advance\\nthereof as in his judgment circumstances so warrant, the commissioner\\nshall cause to be issued a written notice together with a copy of the\\ncomplaint, as the same may have been amended, requiring each member of\\nthe governing body of the hospital in question (or such member or\\nmembers thereof as in his judgment are warranted), hereinafter sometimes\\nreferred to as respondent, to answer charges of such complaint at a\\nhearing before him (or before a deputy commissioner or other officer of\\nthe department other than the designee who investigated the complaint),\\nhereinafter referred to as hearing officer, at a time and place to be\\nspecified in such notice.\\n 5. The respondent may file a written verified answer to the complaint\\nand appear at such hearing in person or otherwise with or without\\ncounsel and submit testimony.\\n 6. If, upon all the evidence at the hearing, the hearing officer shall\\nfind that a respondent has engaged in any unlawful discriminatory\\npractice defined in this section, the hearing officer shall state his\\nfindings of fact and the commissioner shall issue and cause to be served\\non such respondent an order requiring such respondent to cease and\\ndesist from such unlawful discriminatory practice.\\n 7. If, upon all the evidence at the hearing, the hearing officer shall\\nfind that a respondent has not engaged in any unlawful discriminatory\\npractice defined in this section, the hearing officer shall state his\\nfindings of fact and the commissioner shall issue and cause to be served\\non the complainant an order dismissing the said complaint as to such\\nrespondent.\\n 8. The commissioner shall establish rules of practice to govern,\\nexpedite and effectuate the foregoing procedure and the actions to be\\ntaken thereunder.\\n 9. Any complaint filed pursuant to this section must be so filed\\nwithin ninety days after the alleged act of discrimination.\\n 10. Any complainant, respondent or other person aggrieved by such\\norder of the commissioner may obtain judicial review thereof, and the\\ncommissioner may obtain an order of court for its enforcement, in a\\nproceeding as provided in this subdivision. Such proceeding shall be\\nbrought in the supreme court of the state within any county wherein the\\nunlawful discriminatory practice which is the subject of the\\ncommissioner's order occurs or wherein any person required in the order\\nto cease and desist from a unlawful discriminatory practice resides or\\ntransacts business. The findings of the hearing officer as to the facts\\nshall be conclusive if supported by substantial evidence on the record\\nconsidered as a whole. All such proceedings shall be heard and\\ndetermined by the court and any appellate court as expeditiously as\\npossible and with lawful precedence over other matters.\\n 11. The following words, as used in this section, shall have the\\nfollowing meanings unless the context otherwise requires:\\n a. \"Governing body\" means the group or the individual ultimately\\nresponsible for a hospital's general policies with respect to staff\\nmembership and professional privileges and shall include, but not\\nlimited to, a board of trustees, a board of directors, a board of\\ngovernors, a board of managers, a medical board, a director or any other\\nofficial of a hospital with comparable responsibilities.\\n b. \"Hospital\" means an institution for the care and treatment of the\\nsick and injured, equipped with the technical facilities, medical,\\nnursing and other professional and technical personnel necessary for\\ndiagnosis and treatment of persons suffering from sickness or injury\\nwhich requires bed care.\\n c. \"Medical group practice\" means the practice of medicine by\\nphysicians as partners or in groups with fees and moneys received for\\nprofessional services furnished by any individual physician, member or\\nemployee of such partnership or group pooled and redistributed in\\naccordance with a partnership or other agreement.\\n d. \"Non-profit health insurance\" means insurance issued by a\\nnon-profit medical expense indemnity corporation in accordance with\\narticle forty-three of the insurance law.\\n e. \"Health maintenance organization\" means such organization as\\ndefined in article forty-four of this chapter.\\n f. \"Comprehensive health services plan\" means such plan as defined in\\narticle forty-four of this chapter.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "206-B", "title" : "Special requirements with respect to Lyme disease diagnosis", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "206-B", "activeDate" : "2014-09-22", "sequenceNo" : 46, "repealedDate" : null, "fromSection" : "206-B", "toSection" : "206-B", "text" : " § 206-b. Special requirements with respect to Lyme disease diagnosis.\\n1. Within thirty days after the effective date of this section, the\\ncommissioner shall, in writing, order every physician practicing in\\nSuffolk, Westchester and Nassau counties to review the medical records\\nof any patient such physician treated during the period commencing\\nJanuary first, nineteen hundred seventy-five and ending on the date of\\nsuch order wherein such physician made a diagnosis of juvenile\\nrheumatoid arthritis and to review the circumstances of such diagnosis\\nto reconsider whether such patient has suffered, or is suffering, from\\nthe complex, multi-system disorder caused by the bacterium Borrelia\\nburgdorferi, which disease is transmitted by the Ixodes dammini tick and\\nis commonly referred to as \"Lyme disease\". In any case where a hospital\\nor other health care institution or provider has custody or control of\\nthe medical records for a patient so diagnosed, upon request such\\nphysician shall be entitled to review such medical records for purposes\\nof complying with such order or the commissioner may order any such\\nhospital or other health care institution or provider wherever situated\\nwithin the state to review such records to reconsider a diagnosis of\\nLyme disease.\\n 2. The commissioner, upon a showing that there is a reasonable basis\\nto believe that the order provided for herein has not been complied\\nwith, shall be entitled to apply to a justice of the supreme court for\\nan order requiring any such physician to submit for the commissioner's\\nconsideration such records, charts or other pertinent data which will\\nenable him to determine whether there has been full compliance with such\\norder.\\n 3. In any case where a review of such records indicates that a patient\\nmay have been, or is, suffering from Lyme disease, such physician shall,\\nconsistent with customary and acceptable medical standards, take such\\naction he deems necessary to inform such patient or in the case of a\\nminor, his or her parent or guardian of his findings, conduct additional\\ntests, administer other necessary treatments or refer such patient to\\nanother physician for further diagnosis and/or treatment.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "207", "title" : "Health care and wellness education and outreach program", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2014-09-26", "2015-02-06", "2015-05-01", "2015-11-27", "2016-07-29", "2016-11-11", "2016-12-02", "2017-08-25", "2018-10-05", "2018-10-26", "2021-07-30", "2021-08-20", "2021-11-19", "2022-07-08", "2022-07-29", "2023-01-06", "2023-01-20", "2023-03-10", "2023-04-07", "2023-10-20", "2023-11-10", "2023-12-15", "2024-02-02", "2024-09-06", "2024-09-20", "2024-11-29", "2024-12-20", "2024-12-27", "2025-01-10", "2025-02-21", "2025-03-14", "2025-03-28", "2025-05-30", "2025-06-13" ], "docLevelId" : "207", "activeDate" : "2018-10-26", "sequenceNo" : 47, "repealedDate" : null, "fromSection" : "207", "toSection" : "207", "text" : " § 207. Health care and wellness education and outreach program. 1.\\nThere is hereby created within the department the health care and\\nwellness education and outreach program. The department may conduct\\neducation and outreach programs for consumers, patients, educators,\\nincluding but not limited to elementary and secondary school educators,\\nand health care providers relating to any health care matters the\\ncommissioner deems appropriate and:\\n (a) Various health conditions, diseases and health care procedures and\\ntreatment options, including but not limited to those for breast,\\ncervical, colorectal, prostate, testicular, skin, and ovarian cancer,\\nshaken baby syndrome, reflex sympathetic dystrophy syndrome and\\npost-polio sequelae.\\n (b) Recommended preventative and wellness practices and services,\\nincluding evidence based age and gender appropriate testing and\\nscreening exams and immunization schedules.\\n (c) Lymphedema and lymphatic disease, an abnormal swelling of the\\nextremities including the causes, symptoms of primary lymphedema,\\nsecondary lymphedema and lymphatic disease, prevention, early diagnosis,\\noptions for treatment and therapy, long-term chronic care issues, the\\nvalue of early detection, possible options for treatment including their\\nbenefits and risks, and other relevant information and the\\nrecommendation that hospitals treating breast cancer patients implement\\na lymphedema alert program by placing a bright pink wristband on the\\npatient's affected arm. Links to national lymphedema and lymphatic\\ndisease organizations shall be provided as part of the informational\\nsummary and electronically through the department's websites.\\n (d) The need and importance of organ and tissue donation, including\\ninformation about being registered as an organ and tissue donor and\\nexecuting documents of gift under article forty-three of this chapter.\\n (e) The need and importance for consumers and patients to have an\\nadvance directive, particularly a health care proxy, and the need and\\nimportance for health care providers to play a leadership role in\\ndiscussing end-of-life care preferences and values with patients and to\\nprovide patients with health care proxy forms.\\n (f) Uterine fibroids, an abnormal growth that occurs in the uterus,\\nincluding the causes and symptoms of uterine fibroids, the value of\\nearly detection, possible options for treatment including their benefits\\nand risks, information on the elevated risk for minority women and other\\nrelevant information.\\n (g) Improving birth outcomes, including the importance of\\npreconceptional care, early prenatal care, considerations of health\\nrisks during pregnancy, considerations of benefits and risks of labor\\nand delivery options including, but not limited to, vaginal and cesarean\\nsection delivery, elective or repeat cesarean sections, and appropriate\\nuse of drugs during delivery. There shall also be education and outreach\\nconcerning spina bifida, a permanently disabling birth defect occurring\\nat the end of the first month of pregnancy which involves the incomplete\\ndevelopment of the spinal cord or its coverings, and the importance of\\nencouraging all women in their child-bearing years to increase their\\nfolic acid intake in order to reduce the incidence of spina bifida.\\n (h) Palliative care options for patients with a terminal illness or\\ncondition.\\n (i) About the short term and long term adverse health risks to adults\\nand children who become overweight, obese or underweight. The\\ninformation shall include, but need not be limited to providing\\ncitations to the department's website, as well as any other websites\\nproviding information on the subject.\\n * (j) Maternal depression, including information about education,\\nscreening, referral services, and possible options for treatment.\\n * NB There are 2 par (j)'s\\n * (j) The eating disorders awareness and prevention program shall be\\ndesigned to promote the awareness of eating disorders and available\\nservices, as well as to prevent and reduce the incidence and prevalence\\nof eating disorders, especially among children and adolescents.\\n * NB There are 2 par (j)'s\\n * (k) Donating umbilical cord blood to a public cord blood bank.\\n * NB There are 3 par (k)'s\\n * (k) The availability of individual, family and group counseling\\nprograms, education programs, and advocacy services provided at no cost\\nby governmental agencies and not-for-profit organizations for victims of\\nany sexual offense which constitutes a crime and for victims of child\\npornography promotion or possession.\\n * NB There are 3 par (k)'s\\n * (k) The physical, sexual and psychological consequences of\\nundergoing female genital mutilation, including the practice of\\n\"vacation cutting\" whereby girls are sent out of state or the country to\\nundergo female genital mutilation, typically during school vacations.\\n * NB There are 3 par (k)'s\\n (l) The dangers of women's cancers, including ways to prevent and\\nseverity of such diseases. For purposes of this paragraph, women's\\ncancers shall mean and include: cervical, endometrial, gestational\\ntrophoblastic tumor, ovarian, uterine sarcoma, vaginal, and vulvar.\\n * (m) A Lyme disease and tick-borne infection awareness and prevention\\nprogram designed to promote the awareness and prevention methods against\\nLyme disease and tick-borne infections. Such information shall include\\nbut not be limited to guidelines and methods of prevention, including\\nthe safe use of recommended insect repellents, the best practices for\\ntick removal, recommendations for the reduction of exposure to ticks and\\nappropriate course of action once a tick is removed from the body.\\n * NB There are 3 par (m)'s\\n * (m) The department shall conduct such a program relating to breast\\ndensity, which shall include, but not be limited to, educational\\ninformation regarding the meaning and potential health consequences of\\nhaving dense breast tissue, the impact of dense breast tissue on\\nmammographic screening for breast cancer and supplemental breast cancer\\nscreening techniques, and provide access to other educational websites\\nregarding dense breast tissue and literature regarding risk factors.\\n * NB There are 3 par (m)'s\\n * (m) Lupus, a debilitating autoimmune disease that can cause\\ninflammation and tissue damage to virtually any organ system in the\\nbody, including the skin, joints, other connective tissue, blood and\\nblood vessels, heart, lung, kidney and brain, and which affects women,\\nparticularly women of color, in a disproportionate manner; provided that\\nthe program shall include an advisory council under this section that\\nshall include representatives of people with lupus and their families\\nand health care providers who specialize in treating lupus, among\\nothers.\\n * NB There are 3 par (m)'s\\n (n) Pediatric acute-onset neuropsychiatric syndrome, a clinical\\ndiagnosis given to children who have a sudden and dramatic onset of\\nneuropsychiatric symptoms including obsessive compulsive disorder and/or\\neating disorder, and which may cause affected children to become moody,\\nirritable and anxious, and to have difficulty with schoolwork. Provided\\nthat such program shall include an advisory council under this section\\nthat shall include representatives of people with pediatric acute-onset\\nneuropsychiatric syndrome and their families and health care providers\\nwho specialize in treating such syndrome, among others.\\n (o) For women who may become pregnant, expectant parents and parents\\nof infants, information regarding:\\n (i) the incidence of cytomegalovirus;\\n (ii) the transmission and risks of cytomegalovirus to pregnant women\\nand women who may become pregnant;\\n (iii) birth defects caused by congenital cytomegalovirus;\\n (iv) methods of diagnosing congenital cytomegalovirus;\\n (v) the available preventive measures to avoid the infection of women\\nwho are pregnant or may become pregnant; and\\n (vi) available methods of treating cytomegalovirus and resources\\navailable for families of children born with cytomegalovirus.\\n 2. Programs under this section, dealing with one or more subjects, may\\ninclude but not be limited to any of the following elements:\\n (a) educational and informational materials in print, audio, visual,\\nelectronic or other media;\\n (b) public service announcements and advertisements; and\\n (c) establishment of toll-free telephone hotlines and electronic\\nservices to provide information.\\n 3. The department may produce, make available to others for\\nreproduction, or contract with others to develop such materials\\nmentioned in this section as the commissioner deems appropriate. These\\nmaterials shall be made available to the public and to educators,\\nincluding but not limited to elementary and secondary school educators\\nfree of charge as appropriate or for a fee under certain circumstances.\\nThe commissioner may require where appropriate any health care provider\\nto make these materials available to patients.\\n 4. In exercising any of his or her powers under this section, the\\ncommissioner may consult with appropriate health care professionals,\\nproviders, consumers, educators and patients or organizations\\nrepresenting them.\\n 5. The commissioner shall ensure that all information and materials\\nproduced pursuant to this section are maintained and updated to reflect\\nbest practice recommendations.\\n 6. The commissioner may appoint as appropriate advisory councils\\nrelating to various matters that are or are proposed to be the subjects\\nof programs under this section. All such councils shall include\\nrepresentation of health care professionals, providers, educators,\\nconsumers, patients and other appropriate interests. The members of the\\ncouncils shall receive no compensation for their services, but shall be\\nallowed their actual and necessary expenses incurred in performance of\\ntheir duties.\\n 7. In addition to state funds appropriated for programs under this\\nsection, the commissioner may accept grants from public or private\\nsources for these programs. The commissioner, in administering this\\nsection, shall seek to coordinate the department's programs with other\\npublic and private programs, and may undertake joint or cooperative\\nprograms with other public or private entities, including making grants\\n(within amounts appropriated therefor and consistent with applicable\\nlaw) to public or not-for-profit entities.\\n 8. The commissioner may make rules and regulations necessary and\\nappropriate for implementation of this section.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "207-A", "title" : "Tick-borne diseases and blood-borne pathogen impact study", "docType" : "SECTION", "publishedDates" : [ "2018-12-14", "2022-04-22" ], "docLevelId" : "207-A", "activeDate" : "2018-12-14", "sequenceNo" : 48, "repealedDate" : null, "fromSection" : "207-A", "toSection" : "207-A", "text" : " § 207-a. Tick-borne diseases and blood-borne pathogen impact study. 1.\\nThe department, in conjunction with the commissioner of mental health,\\nshall issue a report examining the mental health impacts of tick-borne\\ndiseases and blood-borne pathogens on mental illness rates in endemic\\nareas of the state. Such report shall include but not be limited to:\\n (a) Considerations of how Lyme, tick-borne illnesses, and other\\nblood-borne pathogens or vector-borne diseases may have correlations\\nwith mental illness in infected individuals;\\n (b) Populations at-risk including those individuals with occupations\\noutdoors and/or increased exposure to vectors;\\n (c) Diagnostic indicators of mental illness that can be used as\\nguidance for healthcare providers and mental health practitioners;\\n (d) Historical considerations of infection rates and mental illness\\nindicators that may have gone undiagnosed or misdiagnosed in endemic\\nareas; and\\n (e) Recommendations for intervention and coordinated care for\\nindividuals who exhibit mental illness symptoms as well as those who\\nhave both physical and mental health indicators.\\n 2. Such report shall be submitted to the temporary president of the\\nsenate and the speaker of the assembly no later than October first, two\\nthousand nineteen. The department and the commissioner of mental health\\nmay engage stakeholders in the compilation of the report, including but\\nnot limited to, medical research institutions, health care\\npractitioners, mental health providers, county and local government, and\\nadvocates.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "208", "title" : "Deputy commissioners; appointment; qualifications and duties", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "208", "activeDate" : "2014-09-22", "sequenceNo" : 49, "repealedDate" : null, "fromSection" : "208", "toSection" : "208", "text" : " § 208. Deputy commissioners; appointment; qualifications and duties.\\n1. The commissioner shall appoint and at pleasure remove a first deputy\\ncommissioner and such other deputy commissioners as he shall deem\\nnecessary for the proper organization and general classification of the\\nwork of the department.\\n 2. The first deputy commissioner shall be a physician licensed or\\neligible for license to practice medicine and surgery in this state, and\\nwho shall have been actively engaged in the practice of his profession\\nfor a period of at least five years.\\n 3. The deputy commissioners shall perform such duties as shall be\\nprescribed by the commissioner.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "209", "title" : "Deputy commissioners; compensation", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "209", "activeDate" : "2014-09-22", "sequenceNo" : 50, "repealedDate" : null, "fromSection" : "209", "toSection" : "209", "text" : " § 209. Deputy commissioners; compensation. The commissioner shall fix\\nthe compensation of deputy commissioners within the amount appropriated\\ntherefor by the legislature.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "210", "title" : "Officers and employees; appointment", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "210", "activeDate" : "2014-09-22", "sequenceNo" : 51, "repealedDate" : null, "fromSection" : "210", "toSection" : "210", "text" : " § 210. Officers and employees; appointment. The commissioner shall\\nappoint such assistant commissioners, officers and other assistants as\\nare necessary for the proper performance of the powers and duties of the\\ndepartment.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "211", "title" : "Training", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "211", "activeDate" : "2014-09-22", "sequenceNo" : 52, "repealedDate" : null, "fromSection" : "211", "toSection" : "211", "text" : " § 211. Training. The commissioner may, within the appropriation\\nallowed therefor, provide suitable training for personnel engaged in or\\nto be engaged in the maintenance or improvement of public health in the\\nstate.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "211-A", "title" : "Continuation of salaries of employees of the department while receiving training", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "211-A", "activeDate" : "2014-09-22", "sequenceNo" : 53, "repealedDate" : null, "fromSection" : "211-A", "toSection" : "211-A", "text" : " § 211-a. Continuation of salaries of employees of the department while\\nreceiving training. The commissioner may, within the amounts\\nappropriated therefor, continue the salaries, in full or in part, of\\nemployees of the department and the institutions in the department while\\nsuch employees are absent from their regular duties and are receiving\\ntraining for the better performance of duties, provided that no such\\ncompensation shall be so continued to a greater extent than will\\nreimburse such employees for the loss of earnings while receiving such\\ntraining.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 16 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A2T2", "title" : "The Public Health Council", "docType" : "TITLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2", "activeDate" : "2014-09-22", "sequenceNo" : 54, "repealedDate" : null, "fromSection" : "220", "toSection" : "229", "text" : " TITLE II\\n THE PUBLIC HEALTH COUNCIL\\nSection 220. Public health and health planning council; appointment of\\n members.\\n 221. Public health and health planning council; terms of\\n office; vacancies.\\n 222. Public health and health planning council; meetings;\\n by-laws.\\n 223. Public health and health planning council; compensation\\n and expenses.\\n 224. Public health and health planning council; secretary,\\n employees.\\n 224-b. Public health and health planning council; powers and\\n duties; health care facilities, home care agencies and\\n hospices.\\n 225. Public health and health planning council; powers and\\n duties; sanitary code.\\n 226. Sanitary code; filing and publication.\\n 227. Sanitary code; certified copy; evidence.\\n 228. Sanitary code; application.\\n 229. Sanitary code; violation; penalties.\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "220", "title" : "Public health and health planning council; appointment of members", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2020-12-18", "2021-02-19", "2022-05-06", "2023-10-27" ], "docLevelId" : "220", "activeDate" : "2014-09-22", "sequenceNo" : 55, "repealedDate" : null, "fromSection" : "220", "toSection" : "220", "text" : " § 220. Public health and health planning council; appointment of\\nmembers. There shall continue to be in the department a public health\\nand health planning council to consist of the commissioner and fourteen\\nmembers to be appointed by the governor with the advice and consent of\\nthe senate; provided that effective December first, two thousand ten,\\nthe membership of the council shall consist of the commissioner and\\ntwenty-four members to be appointed by the governor with the advice and\\nconsent of the senate. Membership on the council shall be reflective of\\nthe diversity of the state's population including, but not limited to,\\nthe various geographic areas and population densities throughout the\\nstate. The members shall include representatives of the public health\\nsystem, health care providers that comprise the state's health care\\ndelivery system, individuals with expertise in the clinical and\\nadministrative aspects of health care delivery, issues affecting health\\ncare consumers, health planning, health care financing and\\nreimbursement, health care regulation and compliance, and public health\\npractice and at least two members shall also be members of the\\nbehavioral health services advisory council; at least four members shall\\nbe representatives of general hospitals or nursing homes; and at least\\none member shall be a representative of each of the following groups:\\nhome care agencies, diagnostic and treatment centers, health care\\npayors, labor organizations for health care employees, and health care\\nconsumer advocacy organizations.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "221", "title" : "Public health and health planning council; terms of office; vacancies", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "221", "activeDate" : "2014-09-22", "sequenceNo" : 56, "repealedDate" : null, "fromSection" : "221", "toSection" : "221", "text" : " § 221. Public health and health planning council; terms of office;\\nvacancies. 1. The terms of office of members of the public health and\\nhealth planning council shall be six years. The members of the council\\nshall continue in office until the expiration of their terms and until\\ntheir successors are appointed and have qualified. Such appointments\\nshall be made by the governor, with the advice and consent of the\\nsenate, within one year following the expiration of such terms.\\n 2. Vacancies shall be filled by appointment by the governor for the\\nunexpired terms within one year of the date upon which such vacancies\\noccur.\\n 3. In making appointments to the council, the governor shall seek to\\nensure that membership on the council reflects the diversity of the\\nstate's population including, but not limited to the various geographic\\nareas and population densities throughout the state.\\n 4. Notwithstanding subdivision one of this section, of the ten members\\nappointed or reappointed to the council on or after December first, two\\nthousand ten, two shall serve a term of three years, two shall serve a\\nterm of four years, three shall serve a term of five years, and three\\nshall serve a term of six years. Thereafter, members appointed or\\nreappointed upon expiration of a term of office shall be appointed for a\\nterm of six years and shall continue in office until their successors\\nare appointed.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "222", "title" : "Public health and health planning council; meetings; by-laws", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "222", "activeDate" : "2014-09-22", "sequenceNo" : 57, "repealedDate" : null, "fromSection" : "222", "toSection" : "222", "text" : " § 222. Public health and health planning council; meetings; by-laws.\\n1. The public health and health planning council shall meet as\\nfrequently as its business may require, and at least twice in each year.\\n 2. The governor shall designate one of the members of the public\\nhealth and health planning council as its chair.\\n 3. The public health and health planning council shall enact and from\\ntime to time may amend by-laws in relation to its meetings and the\\ntransactions of its business.\\n 4. All meetings of the public health and health planning council shall\\nin every proceeding be deemed to have been duly called and regularly\\nheld, and all regulations and proceedings to have been duly authorized\\nunless the contrary be proved.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "223", "title" : "Public health and health planning council; compensation and expenses", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "223", "activeDate" : "2014-09-22", "sequenceNo" : 58, "repealedDate" : null, "fromSection" : "223", "toSection" : "223", "text" : " § 223. Public health and health planning council; compensation and\\nexpenses. The members of the public health and health planning council\\nother than the commissioner of health shall receive no compensation for\\ntheir services, but shall be reimbursed for expenses actually and\\nnecessarily incurred in the performance of their duties.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "224", "title" : "Public health and health planning council; secretary, employees", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "224", "activeDate" : "2014-09-22", "sequenceNo" : 59, "repealedDate" : null, "fromSection" : "224", "toSection" : "224", "text" : " § 224. Public health and health planning council; secretary,\\nemployees. The commissioner upon request of the public health and health\\nplanning council, shall designate an officer or employee of the\\ndepartment to act as secretary of the public health and health planning\\ncouncil, and shall assign from time to time such other employees as the\\npublic health and health planning council may require.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "224-B", "title" : "Public health and health planning council; powers and duties; health care facilities, home care agencies and hospices", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "224-B", "activeDate" : "2014-09-22", "sequenceNo" : 60, "repealedDate" : null, "fromSection" : "224-B", "toSection" : "224-B", "text" : " § 224-b. Public health and health planning council; powers and duties;\\nhealth care facilities, home care agencies and hospices. The public\\nhealth and health planning council shall have such powers and duties as\\nare set forth in this chapter, including the consideration of\\napplications for the establishment and construction of health care\\nfacilities, home care agencies and hospices licensed under articles\\ntwenty-eight, thirty-six or forty of this chapter. In carrying out its\\npowers and duties, the council shall take into account the impact of its\\nactions and recommendations on the quality, accessibility, efficiency\\nand cost-effectiveness of health care throughout the state. The council\\nshall undertake a comprehensive review of regulations and council\\nprocedures governing the establishment and construction of such health\\ncare facilities, home care agencies and hospices and shall submit to the\\ncommissioner any recommendations for the revisions of such regulations.\\nSuch review shall be conducted every five years, and the first set of\\nrecommendations shall be submitted to the commissioner on or before\\nDecember first, two thousand sixteen.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "225", "title" : "Public health and health planning council; powers and duties; sanitary code", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2019-07-19", "2020-01-10", "2023-07-07", "2023-10-06", "2024-11-29", "2025-02-21", "2025-08-29", "2025-11-14" ], "docLevelId" : "225", "activeDate" : "2019-07-19", "sequenceNo" : 61, "repealedDate" : null, "fromSection" : "225", "toSection" : "225", "text" : " § 225. Public health and health planning council; powers and duties;\\nsanitary code. 1. The public health and health planning council shall,\\nat the request of the commissioner, consider any matter relating to the\\npreservation and improvement of public health, and may advise the\\ncommissioner thereon; and it may, from time to time, submit to the\\ncommissioner, any recommendations relating to the preservation and\\nimprovement of public health.\\n 2. The public health and health planning council shall appoint one or\\nmore advisory committees expert in the major areas of public health\\nconcern, including but not limited to health education, health manpower,\\neconomics and delivery of health service, sanitation problems and\\ninterprofessional relationships. Members of advisory committees need not\\nbe members of the public health and health planning council.\\n 3. The public health and health planning council shall have no\\nexecutive, administrative or appointive duties except as otherwise\\nprovided by law.\\n 4. The public health and health planning council shall have power by\\nthe affirmative vote of a majority of its members to establish, and from\\ntime to time, amend and repeal sanitary regulations, to be known as the\\nsanitary code of the state of New York, subject to approval by the\\ncommissioner.\\n 5. The sanitary code may:\\n (a) deal with any matters affecting the security of life or health or\\nthe preservation and improvement of public health in the state of New\\nYork, and with any matters as to which the jurisdiction is conferred\\nupon the public health and health planning council;\\n (b) prescribe the qualifications of public health personnel of the\\ndepartment, directors of divisions, regional health directors, state\\ndistrict health officers, local health officers; directors or other\\npersons in charge of laboratories; county and city health commissioners,\\ndeputy and assistant county or city health commissioners; public health\\nadministrators; county health directors and deputy and assistant county\\nhealth directors; directors of county physically handicapped children's\\nprograms; directors of medical care (local assistance programs); public\\nhealth nurses; public health physical therapists; public health\\neducators; nurse-midwives; medical social workers; public health social\\nworkers; radiation safety officers; sanitary and public health\\nengineers, sanitarians, sanitary inspectors; public health\\nveterinarians; operators of public water treatment and purification\\nplants; and the qualifications of persons not paid from public funds and\\nwho are appointed and employed after January first, nineteen hundred\\nforty-seven, as operators of water treatment or purification plants\\nowned or operated by water companies, corporations or by a person or\\ngroup of persons serving the general public residing in a political\\nsubdivision or any part thereof;\\n (c) establish regulations for the promotion of health in any or all\\nIndian reservations;\\n (e) establish regulations for the maintenance of hospitals for\\ncommunicable diseases;\\n (f) prescribe standards of efficiency for such laboratories as are\\nunder contract with the commissioner for the examination of specimens\\nreceived from local health officers or physicians for routine\\nexaminations and analyses;\\n (g) set forth the diseases for which specimens shall be submitted for\\nexamination to a laboratory approved by the department.\\n (h) designate the communicable diseases which are dangerous to the\\npublic health;\\n (i) set forth the nature of the information required to be furnished\\nby every physician in his notice to the department of each case of\\ncommunicable disease.\\n (j) establish regulations in respect to contact or communication with\\nor use of infected premises, places or things and prescribe the method\\nor methods for the purification and cleansing of the same before general\\nintercourse with the said premises, places or things, or use thereof is\\nallowed;\\n (k) establish regulations defining the methods and precautions to be\\nobserved in disinfecting, cleansing or renovating premises vacated by\\npersons suffering from a communicable disease;\\n (l) prescribe the qualifications that shall be possessed by persons in\\ncharge of diagnostic clinical laboratories as provided by the workmen's\\ncompensation law;\\n * (m) require that application be made for a permit to operate a farm\\nor food processing labor camp as defined in the sanitary code; authorize\\nappropriate officers or agencies to issue such a permit when the\\napplicant is in compliance with the established regulations; prescribe\\nstandards for living quarters at farm and food processing labor camps,\\nincluding provisions for sanitary conditions; light, air, and safety;\\nprotection from fire hazards; maintenance; and such other matters as may\\nbe appropriate for security of life or health, provided however, that\\nthe provisions of the sanitary code established pursuant to the\\nprovisions hereof shall apply to all farm and food processing labor\\ncamps intended to house migrant workers and which are occupied by five\\nor more persons. In the preparation of such regulations, the public\\nhealth and health planning council may request and shall receive\\ntechnical assistance from the board of standards and appeals of the\\nstate department of labor and the state building code commission. Such\\nregulation shall be enforced in the same manner as are other provisions\\nof the sanitary code;\\n * NB Effective until January 1, 2021\\n * (m) require that application be made for a permit to operate a farm\\nor food processing labor camp as defined in the sanitary code; authorize\\nappropriate officers or agencies to issue such a permit when the\\napplicant is in compliance with the established regulations; prescribe\\nstandards for living quarters at farm and food processing labor camps,\\nincluding provisions for sanitary conditions; light, air, and safety;\\nprotection from fire hazards; maintenance; and such other matters as may\\nbe appropriate for security of life or health, provided however, that\\nthe provisions of the sanitary code established pursuant to the\\nprovisions hereof shall apply to all farm and food processing labor\\ncamps intended to house migrant workers and which are occupied. In the\\npreparation of such regulations, the public health and health planning\\ncouncil may request and shall receive technical assistance from the\\nboard of standards and appeals of the state department of labor and the\\nstate building code commission. Such regulation shall be enforced in the\\nsame manner as are other provisions of the sanitary code;\\n * NB Effective January 1, 2021\\n (n) prescribe the qualifications of occupational therapists employed\\nin public general hospitals and tuberculosis hospitals and sanitoria\\nmaintained pursuant to the general municipal law;\\n (o) require that application be made for a permit to operate a\\ntemporary residence as defined in the sanitary code, or to hold or\\npromote by advertising or otherwise a mass gathering which is likely to\\nattract five thousand people or more and continue for twenty-four hours\\nor more and authorize appropriate officers or agencies to issue such a\\npermit when the applicant is in compliance with the established\\nregulations and when it appears that such temporary residence can be\\noperated or such gathering held without hazard to health and safety;\\nestablish regulations with respect to such gatherings to provide for:\\nthe furnishing of adequate undertakings to secure full compliance with\\nthe sanitary code and other applicable law, adequate and satisfactory\\nwater supply and sewerage facilities, adequate drainage, adequate toilet\\nand lavatory facilities, adequate refuse storage and disposal\\nfacilities, adequate sleeping areas and facilities, wholesome food and\\nsanitary food service, adequate medical facilities, insect and noxious\\nweed control, adequate fire protection, and such other matters as may be\\nappropriate for security of life or health. In his review of\\napplications for permits for the holding or promoting of such a\\ngathering the permit-issuing official may require such plans,\\nspecifications and reports as he shall deem necessary for a proper\\nreview, and in his review of such applications, as well as in carrying\\nout his other duties and functions in connection with such a gathering,\\nthe permit-issuing official may request and shall receive from all\\npublic officers, departments and agencies of the state and its political\\nsubdivisions such cooperation and assistance as may be necessary and\\nproper;\\n (p) establish regulations in respect to ionizing radiation and\\nnonionizing electromagnetic radiation except in relation to special\\nnuclear materials in quantities sufficient to form a critical mass and\\nexcluding the handling and disposal of radioactive wastes and the\\nrelease of radioactivity to the environment regulated by the state\\ndepartment of environmental conservation. Such regulations may require\\nthe posting of a bond or other security;\\n (q) authorize appropriate officers or agencies to register radiation\\ninstallations as defined in the sanitary code, issue licenses for the\\ntransfer, receipt, possession and use of radioactive materials, other\\nthan special nuclear materials in quantities sufficient to form a\\ncritical mass, render such inspection and other radiation protection\\nservices as may be necessary in the interest of public health, safety\\nand welfare, charge registration fees not to exceed a rate of fifty\\ndollars per installation per annum and, subject to the approval of the\\ncommissioner and, in the case of charges by the department, the director\\nof the budget, charge adequate and reasonable fees for licensing,\\ninspection and other radiation protection services not exceeding the\\nestimated costs of such services, except that, with the approval of the\\ncommissioner, one or more services may be rendered without any charge.\\n (r) establish regulations in respect to emergency medical treatment,\\nequipment and services at public functions likely to attract 5,000 or\\nmore people, taking into consideration, differences in type, size and\\nduration of function, composition of audience, and accessibility and\\nadequacy of emergency health facilities in the vicinity.\\n (s) require that application be made for a permit to manufacture for\\nsale at retail frozen desserts as defined in the sanitary code;\\nauthorize appropriate officers or agencies to issue such a permit for a\\nfee of twenty-five dollars per annum.\\n (t) facilitate epidemiological research into the prevention of\\nenvironmental diseases, by establishing regulations designating as\\nenvironmentally related diseases those pathological conditions of the\\nbody or mind resulting from contact with toxins, mutagens or teratogens\\nin solid, liquid or gaseous form, or in the form of ionizing radiation\\nor nonionizing electromagnetic radiation, and by requiring the reporting\\nof such diseases or suspected cases of such diseases to the department\\nby physicians, medical facilities and clinical laboratories. Any\\ninformation provided to the department pursuant to such regulations\\nshall be in the form required by the department, and shall be kept\\nconfidential and used by the commissioner pursuant to the provisions of\\nparagraph (j) of subdivision one of section two hundred six of this\\nchapter, and other applicable laws relating to the confidential\\ntreatment of patient and medical data, except that the department may\\nshare identifying or other information with a local health department\\nwhen, and only to the extent that, the department determines this\\ninformation is necessary to protect public health against the hazards\\nassociated with exposure to the material. Data shared with the local\\nhealth department shall not be further disclosed and shall be otherwise\\nsubject to the confidentiality requirements of paragraph (j) of\\nsubdivision one of section two hundred six of this chapter and any other\\napplicable laws related to the confidential treatment of patient and\\nmedical data.\\n (u) (i) require bacteriological testing of bottled water sold or\\ndistributed for use in this state. Such code shall establish\\nrequirements for sampling at regular time intervals and in number\\nproportionate to the frequency of production days and the total volume\\nof bottled water sold or distributed for use in this state.\\n (ii) require physical, inorganic chemical, organic chemical and\\nradiological testing of bottled water. Such testing requirements shall\\nmeet or exceed the required parameters and frequencies for public water\\nsupplies. Testing for organic and inorganic chemicals shall occur at\\nleast annually. Testing for radiological content shall occur at least\\nannually. Such testing shall be conducted on source water and bottled\\nwater product. The department shall designate a quarterly period when\\nsuch annual tests will be conducted. Samples for such testing shall be\\ntaken on each production line and tested in labs approved by the\\ndepartment. Lab reports generated from such testing shall be sent\\ndirectly to the department.\\n (iii) establish a procedure by which purveyors of bottled water shall\\ncertify, to the department, that their bottled water complies with the\\norganic, inorganic, radiological and other water content standards\\nestablished pursuant to this section. Such certifications shall be\\nsubmitted to the department in accordance with the testing schedules\\nindicated in subparagraph (ii) of this paragraph, for source water and\\nbottled water product. The department shall at least on a quarterly\\nbasis compare random shelf samples of each product line of bottled water\\nand test them for compliance with the standards established pursuant to\\nthis section. If the findings of the random sampling comparison fail to\\ncomply with the standards established for bottled water pursuant to this\\nsection, the purveyor shall be subject to the penalties and sanctions of\\nthis chapter.\\n (iv) require purveyors who provide sodium content information on\\nbottled water labels to numerically indicate in a manner consistent with\\nfederal law and regulation the sodium content of bottled water on labels\\naffixed to bottled water.\\n (v) require purveyors to indicate, clearly and conspicuously, the\\nbottling date by day, month and year on labels affixed to bottled water.\\n (vi) require the department of health to give public notice of, and\\nmake available to retailers of bottled water, the annual listing of\\ncertified bottled water purveyors that indicates only such certified\\nwaters may be lawfully sold. If within the annual notification cycle any\\npurveyor is decertified, the department shall give public notice of such\\ndecertification. The department shall maintain and make available an\\nupdated list of certified purveyors for retailers.\\n (v) provide for the issuance of variances and waivers from\\nrequirements for providing lifeguards at swimming pools and bathing\\nbeaches that are part of temporary residences. The code shall provide\\nthat variances and waivers shall not expire upon change in ownership of\\nthe facility.\\n 5-a. The sanitary code shall provide for the supervision of surf\\nbeaches customarily used for swimming or bathing which are owned or\\noperated by a homeowners association by persons qualified as surf\\nlifeguards according to standards for public surf beaches established in\\nsuch code. For purposes of this subdivision, \"surf beaches owned or\\noperated by homeowner associations\" shall include bathing beaches owned\\nand operated by a condominium which is property subject to article\\nnine-B of the real property law; a cooperative, in which the property is\\nowned or leased by a corporation, the stockholders of which are entitled\\nto use the bathing beach solely by reason of their ownership of stock in\\nthe corporation and occupy apartments for dwelling purposes, provided an\\n\"offering statement\" or \"prospectus\" has been filed with the department\\nof law; or an incorporated or unincorporated property association, by\\nwhich all members own residential property in a fixed or defined\\ngeographical area with deeded rights to use, with similarly situated\\nowners, a defined bathing beach.\\n 5-b. Places of public assembly on-site cardiac automated external\\ndefibrillator.\\n (a) Notwithstanding the provisions of paragraph (r) of subdivision\\nfive of this section, the sanitary code shall provide that each place of\\npublic assembly shall provide and maintain on-site automated external\\ndefibrillators (AED), as defined in paragraph (a) of subdivision one of\\nsection three thousand-b of this chapter, in quantities and types deemed\\nby the commissioner to be adequate to ensure ready and appropriate\\naccess for use during emergencies.\\n (b) Whenever places of public assembly are used for public or private\\nsponsored events or activities the owners, operators and administrators\\nresponsible for such place of public assembly shall ensure the presence\\nof at least one staff person or volunteer who is trained, pursuant to\\nparagraph (a) of subdivision three of section three thousand-b of this\\nchapter, in the operation and use of an AED.\\n (c) For the purposes of this subdivision places of public assembly\\nshall be those with an occupancy capacity of at least one thousand\\npeople and shall include: (i) all stadiums, ballparks, gymnasiums, field\\nhouses, arenas, civic centers and similar facilities used for the\\nconduct of sporting events; and (ii) concert halls, recital halls,\\ntheatres, indoor and outdoor amphitheatres or other auditoriums used for\\nthe presentation of musical renditions or concerts. Places of public\\nassembly shall not include halls owned by churches, religious\\norganizations, granges, public associations, or free libraries as\\ndefined by section two hundred fifty-three of the education law.\\n (d) Places of public assembly and staff pursuant to paragraphs (a) and\\n(b) of this subdivision shall be subject to the requirements and\\nlimitations of section three thousand-b of this chapter.\\n (e) Pursuant to sections three thousand-a and three thousand-b of this\\nchapter, any public access defibrillation provider, or any employee or\\nother agent of the provider who, in accordance with the provisions of\\nthis section, voluntarily and without expectation of monetary\\ncompensation renders emergency medical or first aid treatment using an\\nAED which has been made available pursuant to this section, to a person\\nwho is unconscious, ill or injured, shall be liable only pursuant to\\nsection three thousand-a of this chapter.\\n (f) Nothing in this subdivision shall be construed to prohibit a\\npolitical subdivision of the state from continuing to implement and\\nenforce any local law or regulation related to the placement of\\nautomated external defibrillators in places of public assembly as\\ndefined in this subdivision, in effect prior to the effective date of\\nthis subdivision. Where a political subdivision has a local law in\\neffect prior to the effective date of this subdivision, the provisions\\nof this subdivision shall have no force and effect until such time as\\nthe political subdivision repeals its local law.\\n 5-c. Notwithstanding the provisions of paragraph (r) of subdivision\\nfive of this section, the sanitary code shall:\\n (a) provide that any public or private surf beach or swimming facility\\nwhich is required by any other provision of law to be supervised by a\\nsurf lifeguard qualified according to the standards of such code, shall\\nprovide and maintain on-site automated external defibrillator (AED)\\nequipment, as defined in paragraph (a) of subdivision one of section\\nthree thousand-b of this chapter. Such swimming facilities and staff\\nshall be subject to the requirements and limitations of section three\\nthousand-b of this chapter.\\n (b) provide that at least one lifeguard trained pursuant to paragraph\\n(a) of subdivision three of section three thousand-b of this chapter in\\nthe operation and use of an AED shall be present during all periods of\\nrequired supervision.\\n 6. The public health council shall, no later than January first,\\nnineteen hundred seventy-four, prescribe standards and establish\\nregulations for summer day and children's camps which derive all water\\nfrom a public water supply system and all sewage therefrom is discharged\\nto a public sewer system. Such standards and regulations shall include\\nprovisions with respect to: operators, counsellors, living and sleeping\\nquarters, food service facilities, recreational quarters and facilities,\\noccupancy of living and sleeping quarters, and other facilities,\\nprotection from fire hazards, safety of arts and crafts and recreational\\nequipment, boating safety, emergency health services, water supply and\\nsewage facilities, refuse storage and disposal facilities, and such\\nother matters as may be appropriate for protection and security of life\\nor health. For purposes of this subdivision, the terms, a \"summer day\\ncamp\" and a \"children's camp\" shall have the same definition as appears\\nfor those terms in the sanitary code.\\n 7. The public health council shall, no later than January first,\\nnineteen hundred seventy-four, prescribe standards and establish\\nregulations for motels and hotels, as those terms are defined in the\\nsanitary code and which derive all water from a public water supply\\nsystem and all sewage therefrom is discharged to a public sewer system.\\nSuch standards and regulations shall include provisions with respect to:\\nliving and sleeping quarters, food service facilities, occupancy of\\nliving and sleeping quarters, and other facilities, protection from fire\\nhazards, water supply and sewage facilities, refuse storage and disposal\\nfacilities, and such other matters as may be appropriate for protection\\nand security of life or health, provided, however, that the provisions\\nof this section shall not apply in cities having a population of one\\nhundred twenty-five thousand or more.\\n 8. The sanitary code shall delineate specific procedures for public\\nnotification of public health hazards to be used by public water\\nsuppliers. Such procedures shall include notification of the\\nmunicipality wherein the public water system is located and the police\\ndepartment serving such municipality.\\n 9. Notwithstanding the provisions of any general, special or local law\\nto the contrary, in cities having a population of one million or more,\\nthe sanitary code shall provide that any installation, service,\\nmaintenance, testing, repair or modification of a backflow prevention\\ndevice or any related work shall be performed in conformance with the\\nplumbing code of any such city. All employees of a licensed plumber who\\nperform testing of backflow prevention devices shall satisfactorily\\ncomplete an approved course in backflow prevention device testing.\\nNothing in this subdivision shall require the commissioner to certify\\nthe completion of such approved course by such employees. For the\\npurposes of this subdivision, \"backflow prevention device\" means an\\nacceptable air gap, reduced pressure zone device, double check valve\\nassembly or equivalent protective device acceptable to the commissioner\\nthat is designed to prevent or contain potential contamination of a\\npublic water system by means of cross-connection control.\\n 10. Notwithstanding the provisions of any general, special or local\\nlaw to the contrary, the sanitary code of the state of New York shall\\nprovide that in any county, city having a population of less than one\\nmillion, town or village having a plumbing code, the installation,\\nservice, maintenance, testing, repair or modification of a backflow\\nprevention device or any related work shall be performed in accordance\\nwith such plumbing code. A person licensed under such plumbing code and\\nany of his employees who perform testing of backflow prevention devices\\nshall satisfactorily complete a course in backflow prevention device\\ntesting that has been approved by the department. Nothing in this\\nsubdivision shall require the commissioner to certify the completion of\\nsuch approved course by such licensee or employees. For the purposes of\\nthis subdivision, \"backflow prevention device\" means an acceptable air\\ngap, reduced pressure zone device, double check valve assembly or\\nequivalent protective device acceptable to the commissioner that is\\ndesigned to prevent or contain potential contamination of a public water\\nsystem by means of cross-connection control.\\n 11. The public health council, in consultation with the superintendent\\nof financial services, shall, no later than March thirty-first, nineteen\\nhundred ninety-three, report to the governor and the legislature\\nregarding the efficacy of developing wellness incentives that could be\\nused to allow premium reductions for certain individuals from\\nestablished community rates in the individual and small group health\\ninsurance markets. Wellness incentives to be considered shall include,\\nbut not be limited to, smoking status, physical fitness activities,\\nfrequency of physician fitness evaluations and dietary habits. The\\ncouncil shall consider the effects of such wellness incentives on the\\nindividual and small group health insurance markets and on the health\\nstatus of the population as a whole.\\n 12. Notwithstanding the provisions of any general, special or local\\nlaw to the contrary, a charitable or not-for-profit organization shall\\nnot be in violation of this chapter or any rule or regulation\\nthereunder, including the sanitary code, for the possession,\\npreparation, distribution or service of game or wild game, donated\\npursuant to section 11-0917 of the environmental conservation law. Game\\nor wild game means any deer or big game, or portions thereof, as defined\\nin section 11-0103 of the environmental conservation law, taken by\\nlawful hunting.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "226", "title" : "Sanitary code; filing and publication", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "226", "activeDate" : "2014-09-22", "sequenceNo" : 62, "repealedDate" : null, "fromSection" : "226", "toSection" : "226", "text" : " § 226. Sanitary code; filing and publication. 1. Every regulation\\nadopted by the public health and health planning council shall state the\\ndate on which it takes effect, and a copy thereof, duly signed by the\\nsecretary of the public health and health planning council, shall be\\nfiled as a public record in the department and in the office of the\\nsecretary of state.\\n 2. A copy of every regulation adopted by the public health and health\\nplanning council shall be sent by the commissioner to each health\\nofficer within the state, and shall be published in such manner as the\\npublic health and health planning council may from time to time\\ndetermine.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "227", "title" : "Sanitary code; certified copy; evidence", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "227", "activeDate" : "2014-09-22", "sequenceNo" : 63, "repealedDate" : null, "fromSection" : "227", "toSection" : "227", "text" : " § 227. Sanitary code; certified copy; evidence. The sanitary code may\\nbe read in evidence from the official compilation of codes, rules and\\nregulations of the state of New York, or supplement thereto. To entitle\\nany copy of the sanitary code, other than the official compilation or\\nsupplement thereto, to be read in evidence there shall be contained in\\nthe same book or pamphlet a printed certificate of the secretary of\\nstate that such copy is a correct transcript of the text of the sanitary\\ncode as published in the official compilation or supplement thereto. For\\nsuch a certificate the secretary of state shall collect such a fee as he\\nshall deem just and reasonable.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "228", "title" : "Sanitary code; application", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "228", "activeDate" : "2014-09-22", "sequenceNo" : 64, "repealedDate" : null, "fromSection" : "228", "toSection" : "228", "text" : " § 228. Sanitary code; application. 1. The provisions of the sanitary\\ncode, unless otherwise stated by the public health and health planning\\ncouncil, shall apply to and be effective in all portions of the state\\nand shall supersede all local ordinances heretofore or hereafter enacted\\ninconsistent therewith.\\n 2. Each county, city, town or village, in the manner hereinafter\\nprescribed, may enact sanitary regulations not inconsistent with the\\nsanitary code established by the public health and health planning\\ncouncil.\\n 3. Local laws, ordinances or regulations which comply with at least\\nthe minimum applicable standards set forth in the sanitary code shall be\\ndeemed not inconsistent with such code.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "229", "title" : "Sanitary code; violation; penalties", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "229", "activeDate" : "2014-09-22", "sequenceNo" : 65, "repealedDate" : null, "fromSection" : "229", "toSection" : "229", "text" : " § 229. Sanitary code; violation; penalties. The provisions of the\\nsanitary code shall have the force and effect of law and the\\nnon-compliance or non-conformance with any provision thereof shall\\nconstitute a violation punishable on conviction for a first offense by a\\nfine not exceeding two hundred fifty dollars or by imprisonment for not\\nexceeding fifteen days, or both; and for a second or subsequent offense\\nby a fine not exceeding five hundred dollars or by imprisonment for not\\nexceeding fifteen days, or both.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 11 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A2T2-A", "title" : "Professional Medical Conduct", "docType" : "TITLE", "publishedDates" : [ "2014-09-22", "2019-10-11" ], "docLevelId" : "2-A", "activeDate" : "2014-09-22", "sequenceNo" : 66, "repealedDate" : null, "fromSection" : "230", "toSection" : "230-D", "text" : " TITLE II-A\\n PROFESSIONAL MEDICAL CONDUCT\\nSection 230. State board for professional medical conduct;\\n proceedings.\\n 230-a. Penalties for professional misconduct.\\n 230-a*2. Infection control standards.\\n 230-b. Disciplinary proceedings for physician's assistants and\\n specialist's assistants.\\n 230-c. Administrative review board for professional medical\\n conduct.\\n 230-d. Office-based surgery.\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "230", "title" : "State board for professional medical conduct; proceedings", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2014-12-26", "2015-03-20", "2018-04-20", "2018-07-06", "2020-10-16", "2022-06-17", "2023-05-12", "2023-06-23", "2023-06-30", "2023-10-27", "2024-03-08", "2025-12-26" ], "docLevelId" : "230", "activeDate" : "2018-07-06", "sequenceNo" : 67, "repealedDate" : null, "fromSection" : "230", "toSection" : "230", "text" : " § 230. State board for professional medical conduct; proceedings. 1. A\\nstate board for professional medical conduct is hereby created in the\\ndepartment in matters of professional misconduct as defined in sections\\nsixty-five hundred thirty and sixty-five hundred thirty-one of the\\neducation law. Its physician members shall be appointed by the\\ncommissioner at least eighty-five percent of whom shall be from among\\nnominations submitted by the medical society of the state of New York,\\nthe New York state osteopathic society, the New York academy of\\nmedicine, county medical societies, statewide specialty societies\\nrecognized by the council of medical specialty societies, and the\\nhospital association of New York state. Its lay members shall be\\nappointed by the commissioner with the approval of the governor. The\\nboard of regents shall also appoint twenty percent of the members of the\\nboard. Not less than sixty-seven percent of the members appointed by the\\nboard of regents shall be physicians. Not less than eighty-five percent\\nof the physician members appointed by the board of regents shall be from\\namong nominations submitted by the medical society of the state of New\\nYork, the New York state osteopathic society, the New York academy of\\nmedicine, county medical societies, statewide medical societies\\nrecognized by the council of medical specialty societies, and the\\nhospital association of New York state. Any failure to meet the\\npercentage thresholds stated in this subdivision shall not be grounds\\nfor invalidating any action by or on authority of the board for\\nprofessional medical conduct or a committee or a member thereof. The\\nboard for professional medical conduct shall consist of not fewer than\\neighteen physicians licensed in the state for at least five years, two\\nof whom shall be doctors of osteopathy, not fewer than two of whom shall\\nbe physicians who dedicate a significant portion of their practice to\\nthe use of non-conventional medical treatments who may be nominated by\\nNew York state medical associations dedicated to the advancement of such\\ntreatments, at least one of whom shall have expertise in palliative\\ncare, and not fewer than seven lay members. An executive secretary shall\\nbe appointed by the chairperson and shall be a licensed physician. Such\\nexecutive secretary shall not be a member of the board, shall hold\\noffice at the pleasure of, and shall have the powers and duties assigned\\nand the annual salary fixed by, the chairperson. The chairperson shall\\nalso assign such secretaries or other persons to the board as are\\nnecessary.\\n 2. Members of such board shall be appointed by the commissioner or the\\nboard of regents for three year terms except that the terms of those\\nfirst appointed shall be arranged so that as nearly as possible an equal\\nnumber shall terminate annually. A vacancy occurring during a term shall\\nbe filled by an appointment by the commissioner or the board of regents\\nfor the unexpired term.\\n 3. Each member of the board shall receive a certificate of\\nappointment, shall before beginning his term of office file a\\nconstitutional oath of office with the secretary of state, shall receive\\nup to one hundred fifty dollars as prescribed by the commissioner for\\neach day devoted to board work not to exceed ten thousand dollars in any\\none year, and shall be reimbursed for his necessary expenses. Any member\\nmay be removed from the board at the pleasure of the commissioner.\\n 4. The governor shall annually designate from the members of the board\\na chairperson who shall be a physician and vice-chairperson. The board\\nshall meet upon call of the chairperson, and may adopt bylaws consistent\\nwith this section. A quorum for the transaction of business by the board\\nshall be a majority of members.\\n 5. From among the members of the board two or more committees on\\nprofessional conduct shall be appointed by the board chairperson.\\n 6. Any committee on professional conduct appointed pursuant to the\\nprovisions of this section shall consist of two physicians and one lay\\nmember.\\n 7. (a) The board, by its committees on professional conduct, shall\\nconduct disciplinary proceedings as prescribed in this section and shall\\nassist in other professional conduct matters as prescribed by the\\nchairperson. In this section the term \"licensee\" shall mean physician,\\nincluding a physician practicing under a limited permit, a medical\\nresident, physician's assistant and specialist's assistant. A committee\\non professional conduct, on notice to the licensee and after affording\\nthe licensee, the office of professional medical conduct, and their\\nattorneys an opportunity to be heard, shall have the authority to direct\\na licensee to submit to a medical or psychiatric examination when the\\ncommittee has reason to believe the licensee may be impaired by alcohol,\\ndrugs, physical disability or mental disability. The committee, with the\\nadvice of the licensee and the office of professional medical conduct,\\nshall designate the physician who will conduct the examination. The\\nresults of the examination shall be provided by the examining physician\\nto the committee, the licensee, and the office of professional medical\\nconduct. The licensee may also obtain a physician to conduct an\\nexamination the results of which shall be provided to the committee and\\nthe office of professional medical conduct.\\n (b) A committee on professional conduct may sit as an administrative\\ntribunal for the purpose of issuing an order authorizing the office of\\nprofessional medical conduct to obtain medical records or other\\nprotected health information pertaining to the licensee's physical or\\nmental condition when the committee has reason to believe that the\\nlicensee may be impaired by alcohol, drugs, physical disability or\\nmental disability and that the records or information may be relevant to\\nthe alleged impairment or that information regarding the licensee's\\nmedical condition may be relevant to an inquiry into a report of a\\ncommunicable disease, as defined by the state sanitary code or HIV/AIDS.\\nNo such order shall be issued except on notice to the licensee and after\\naffording the licensee and the office of professional medical conduct an\\nopportunity to be heard.\\n (c) A committee on professional conduct, on notice to the licensee and\\nafter affording the licensee and the office of professional medical\\nconduct an opportunity to be heard, shall have the authority to direct a\\nlicensee to submit to a clinical competency examination when the\\ncommittee has reason to believe that the licensee has practiced with\\nincompetence, generally in his or her medical practice or in a specific\\narea of his or her medical practice. The committee, with the advice of\\nthe licensee and the office of professional medical conduct, shall\\ndesignate the facility or institution to conduct the clinical competency\\nexamination. The results of the clinical competency examination shall be\\nprovided by the facility or institution to the committee, the licensee\\nand the office of professional medical conduct. The licensee may also\\nobtain an accredited facility or institution to conduct a clinical\\ncompetency examination, the results of which shall be provided to the\\ncommittee and the office of professional medical conduct.\\n 8. Notwithstanding any other provision of law, no member of a\\ncommittee on professional conduct nor an employee of the board shall be\\nliable in damages to any person for any action taken or recommendation\\nmade by him within the scope of his function as a member of such\\ncommittee or employee provided that (a) such member or employee has\\ntaken action or made recommendations within the scope of his function\\nand without malice, and (b) in the reasonable belief after reasonable\\ninvestigation that the act or recommendation was warranted, based upon\\nthe facts disclosed.\\n 9. Notwithstanding any other provisions of law, neither the\\nproceedings nor the records of any such committee shall be subject to\\ndisclosure under article thirty-one of the civil practice law and rules\\nexcept as hereinafter provided. No person in attendance at a meeting of\\nany such committee shall be required to testify as to what transpired\\nthereat. The prohibition relating to discovery of testimony shall not\\napply to the statements made by any person in attendance at such a\\nmeeting who is a party to an action or proceeding the subject matter of\\nwhich was reviewed at such meeting.\\n 9-a. At any time, if the board for professional medical conduct or the\\noffice of professional medical conduct determines that there is a\\nreasonable belief that an act or omission that constitutes a crime under\\nthe law of the state of New York, any other state, or the United States\\nhas been committed by the licensee, the board for professional medical\\nconduct or office of professional medical conduct shall notify the\\nappropriate law enforcement official or authority.\\n 9-b. Neither the board for professional medical conduct nor the office\\nof professional medical conduct shall charge a licensee with misconduct\\nas defined in sections sixty-five hundred thirty and sixty-five hundred\\nthirty-one of the education law, or cause a report made to the director\\nof such office to be investigated beyond a preliminary review as set\\nforth in clause (A) of subparagraph (i) of paragraph (a) of subdivision\\nten of this section, where such report is determined to be based solely\\nupon the recommendation or provision of a treatment modality to a\\nparticular patient by such licensee that is not universally accepted by\\nthe medical profession, including but not limited to, varying modalities\\nused in the treatment of Lyme disease and other tick-borne diseases.\\nWhen a licensee, acting in accordance with paragraph e of subdivision\\nfour of section sixty-five hundred twenty-seven of the education law,\\nrecommends or provides a treatment modality that effectively treats\\nhuman disease, pain, injury, deformity or physical condition for which\\nthe licensee is treating a patient, the recommendation or provision of\\nthat modality to a particular patient shall not, by itself, constitute\\nprofessional misconduct. The licensee shall otherwise abide by all other\\napplicable professional requirements.\\n 10. Professional misconduct proceedings shall consist of:\\n * (a) Investigation. (i) (A) The board for professional medical\\nconduct, by the director of the office of professional medical conduct,\\nmay investigate on its own any suspected professional misconduct, and\\nshall investigate each complaint received regardless of the source. By\\nthe conclusion of a preliminary review, including an internal clinical\\nreview, the director shall determine if a report is based solely upon\\nthe recommendation or provision of a treatment modality by a licensee\\nthat is not universally accepted by the medical profession, including\\nbut not limited to varying modalities used in the treatment of Lyme\\ndisease or other tick-borne diseases. Upon a determination by the\\ndirector that a report is based solely upon the provision of a treatment\\nmodality that is not universally accepted, no further review shall be\\nconducted and no charges shall be brought. Nothing in this section shall\\npreclude the director from making such a determination earlier in, or\\nsubsequent to, a preliminary review. (B) The director of the office of\\nprofessional medical conduct shall cause a preliminary review of every\\nreport made to the department pursuant to section twenty-eight hundred\\nthree-e as added by chapter eight hundred sixty-six of the laws of\\nnineteen hundred eighty, sections twenty-eight hundred five-l and\\nforty-four hundred five-b of this chapter, and section three hundred\\nfifteen of the insurance law, to determine if such report reasonably\\nappears to reflect physician conduct warranting further investigation\\npursuant to this subparagraph.\\n (ii) If the investigation of cases referred to an investigation\\ncommittee involves issues of clinical practice, medical experts, shall\\nbe consulted. Experts may be made available by the state medical society\\nof the state of New York, by county medical societies and specialty\\nsocieties, and by New York state medical associations dedicated to the\\nadvancement of non-conventional medical treatments. Any information\\nobtained by medical experts in consultations, including the names of\\nlicensees or patients, shall be confidential and shall not be disclosed\\nexcept as otherwise authorized or required by law.\\n (iii) In the investigation of cases referred to an investigation\\ncommittee, the licensee being investigated shall have an opportunity to\\nbe interviewed by the office of professional medical conduct in order to\\nprovide an explanation of the issues under investigation. Providing an\\nopportunity for such an interview shall be a condition precedent to the\\nconvening of an investigation committee on professional misconduct of\\nthe board for professional medical conduct.\\n (A) At least twenty days before the interview, except as otherwise set\\nforth herein, the licensee under investigation shall be given written\\nnotice of: (1) a description of the conduct that is the subject of the\\ninvestigation; (2) the issues relating to the conduct that have been\\nidentified at the time of the notice; (3) the time frame of the conduct\\nunder investigation; (4) the identity of each patient whose contact with\\nor care by the licensee is believed to be relevant to the investigation;\\nand (5) the fact that the licensee may be represented by counsel and may\\nbe accompanied by a stenographer to transcribe the proceeding. All costs\\nof transcription shall be paid by the licensee and a copy shall be\\nprovided to the department by the licensee within thirty days of the\\ninterview. The notice required by this subparagraph may be given less\\nthan twenty days before an interview in any case where the office of\\nprofessional medical conduct anticipates that the commissioner will take\\nsummary action under subdivision twelve of this section, provided that\\nthe notice is given within a reasonable amount of time prior to the\\ninterview and advises of the possible summary action.\\n (B) Within thirty days following the interview or, in a case where a\\nstenographer was present at the interview, within fifteen days after the\\noffice of professional medical conduct receives the transcript of the\\ninterview, whichever is later, the licensee shall be provided with a\\ncopy of the report of the interviewer. In addition, the licensee shall\\npromptly be given written notice of issues identified subsequent to the\\ninterview. The licensee may submit written comments or expert opinion or\\nmedical or scientific literature that is directly relevant to the issues\\nthat have been identified by the office of professional medical conduct\\nto the office of professional medical conduct at any time.\\n (C) If the director determines that the matter shall be submitted to\\nan investigation committee, an investigation committee shall be convened\\nwithin ninety days of any interview of the licensee. The director shall\\npresent the investigation committee with relevant documentation\\nincluding, but not limited to: (1) a copy of the original complaint; (2)\\nthe report of the interviewer and the stenographic record if one was\\ntaken; (3) the report of any medical or scientific expert; (4) copies of\\nreports of any patient record reviews; and (5) the licensee's\\nsubmissions.\\n (D) If the director determines to close an investigation following an\\ninterview without presentation to an investigation committee, the office\\nof professional medical conduct shall notify the licensee in writing.\\n (iv) If the director of the office of professional medical conduct,\\nafter obtaining the concurrence of a majority of an investigation\\ncommittee, and after consultation with the executive secretary,\\ndetermines that a hearing is warranted the director shall, within\\nfifteen days thereafter, direct counsel to prepare the charges. If the\\ninvestigation committee is unanimous in its concurrence that a hearing\\nis warranted, the charges shall be made public under paragraph (d) of\\nthis subdivision. If the investigation committee is not unanimous in its\\nconcurrence that a hearing is warranted, the members of such committee\\nshall vote on whether the charges should be made public, and if all of\\nthe committee members vote in favor of publication, the charges shall be\\nmade public under paragraph (d) of this subdivision. If the director\\ndetermines after consultation with an investigation committee that: (A)\\nevidence exists of a single incident of negligence or incompetence, a\\npattern of inappropriate prescribing or medical practice, or impairment\\nby drugs, alcohol, physical or mental disability; (B) a recommendation\\nwas made by a county medical society or the medical society of the state\\nof New York that warrants further review; or (C) the facts underlying a\\nverdict in a medical malpractice action warrant further review, the\\ndirector, in addition to the authority set forth in this section, shall\\nbe authorized to conduct a comprehensive review of patient records of\\nthe licensee and such office records of the licensee as are related to\\nsaid determination. The licensee shall cooperate with the investigation\\nand willful failure to cooperate in a substantial or material respect\\nmay result in an enforcement proceeding pursuant to subparagraph (ii) of\\nparagraph (o) of this subdivision. If there is a question of alcoholism,\\nalcohol abuse, drug abuse or mental illness, the director may refer the\\nmatter to a committee, as referred to in subparagraph (ii) of paragraph\\n(c) of subdivision eleven of this section.\\n (v) The files of the office of professional medical conduct relating\\nto the investigation of possible instances of professional misconduct\\nshall be confidential and not subject to disclosure at the request of\\nany person, except as provided by law in a pending disciplinary action\\nor proceeding. The provisions of this paragraph shall not prevent the\\noffice from sharing information concerning investigations within the\\ndepartment and, pursuant to subpoena, with other duly authorized public\\nagencies responsible for professional regulation or criminal\\nprosecution. Nothing in this subparagraph shall affect the duties of\\nnotification set forth in subdivision nine-a of this section or prevent\\nthe publication of charges or of the findings, conclusions,\\ndeterminations, or order of a hearing committee pursuant to paragraphs\\n(d) or (g) of this subdivision. In addition, the commissioner may\\ndisclose the information when, in his or her professional judgment,\\ndisclosure of such information would avert or minimize a public health\\nthreat. Any such disclosure shall not affect the confidentiality of\\nother information in the files of the office of professional medical\\nconduct related to the investigation.\\n (vi) The office of professional medical conduct, acting under this\\nsection, may have access to the criminal history record of any licensee\\ngoverned by the provisions of this section maintained by the division of\\ncriminal justice services pursuant to subdivision six of section eight\\nhundred thirty-seven of the executive law.\\n (vii) The director of the office of professional medical conduct, in\\nconsultation with the patient safety center, shall cause a review on a\\ncontinuous basis of medical malpractice claim and disposition\\ninformation reported to the commissioner under section three hundred\\nfifteen of the insurance law, for the purpose of identifying potential\\nmisconduct. The office shall commence a misconduct investigation if\\npotential misconduct is identified as a result of such review, which\\nshall be based on criteria such as disposition frequency, disposition\\ntype including judgment and settlement, disposition award amount,\\ngeographic region, specialty, or other factors as appropriate in\\nidentifying potential misconduct.\\n * NB Effective until July 1, 2023\\n * (a) Investigation. The board for professional medical conduct, by a\\ncommittee on professional conduct, may investigate on its own any\\nsuspected professional misconduct, and shall investigate each complaint\\nreceived regardless of the source. The results of the investigation\\nshall be referred to the director of the office of professional medical\\nconduct. If the director of the office of professional medical conduct,\\nafter consultation with a professional member of the board for\\nprofessional medical conduct, determines that a hearing is warranted he\\nshall direct counsel to prepare the charges within fifteen days\\nthereafter. If it is determined by the director that the complaint\\ninvolves a question of professional expertise then such director may\\nseek, and if so shall obtain, the concurrence of at least two members of\\na panel of three members of the state board for professional medical\\nconduct.\\n * NB Effective July 1, 2023\\n (b) Charges. The charges shall state the substance of the alleged\\nprofessional misconduct and shall state clearly and concisely the\\nmaterial facts but not the evidence by which the charges are to be\\nproved.\\n (c) Notice of hearing. The board shall set the time and place of the\\nhearing. The notice of hearing shall state (1) the date, time and place\\nof the hearing, (2) that the licensee shall file a written answer to\\neach of the charges and allegations in the statement of charges no later\\nthan ten days prior to the hearing, that any charge and allegation not\\nso answered shall be deemed admitted and that the licensee may wish to\\nseek the advice of counsel prior to filing such answer, (3) that the\\nlicensee shall appear personally at the hearing and may be represented\\nby counsel who shall be an attorney admitted to practice in New York\\nstate, (4) that the licensee shall have the right to produce witnesses\\nand evidence in his behalf, to cross-examine witnesses and examine\\nevidence produced against him, and to have subpoenas issued in his\\nbehalf to require the production of witnesses and evidence in manner and\\nform as prescribed by the civil practice law and rules or either party\\nmay issue such subpoenas in their own behalf, (5) that a stenographic\\nrecord of the hearing will be made, and (6) such other information as\\nmay be considered appropriate by the committee.\\n (d) Service of charges and of notice of hearing. (i) A copy of the\\ncharges and the notice of the hearing shall be served on the licensee\\npersonally by the board at least thirty days before the hearing. If\\npersonal service cannot be made after due diligence and such fact is\\ncertified under oath, a copy of the charges and the notice of hearing\\nshall be served by registered or certified mail to the licensee's last\\nknown address by the board at least fifteen days before the hearing.\\n (ii) The charges shall be made public, consistent with subparagraph\\n(iv) of paragraph (a) of this subdivision, no earlier than five business\\ndays after they are served, and the charges shall be accompanied by a\\nstatement advising the licensee that such publication will occur;\\nprovided, however, that charges may be made public immediately upon\\nissuance of the commissioner's order in the case of summary action taken\\npursuant to subdivision twelve of this section and no prior notification\\nof such publication need be made to the licensee.\\n (iii) If a hearing on the charges has not yet been conducted or if a\\nhearing has been conducted but the committee has not yet issued a\\ndetermination, the publication of charges by the department shall\\ninclude a statement advising that the charges are only allegations which\\nmay be contested by the licensee in an administrative hearing, except\\nthat no such statement need be included if the licensee fails or\\naffirmatively declines to contest the charges. In the event any or all\\nsuch charges are dismissed, such dismissal shall be made public within\\ntwo business days.\\n (d-1) Disclosure of exculpatory evidence. After service of the charges\\nupon the licensee, counsel for the office of professional medical\\nconduct shall, as soon as practicable and on a continuing basis, provide\\nthe licensee with any information or documentation in the possession of\\nthe office of professional medical conduct which tends to prove the\\nlicensee's innocence.\\n (e) Committee hearing. The hearing shall be conducted by a committee\\non professional conduct. The members of the hearing committee shall be\\nappointed by the chairperson of the board who shall designate the\\ncommittee chairperson. In addition to said committee members, the\\ncommissioner shall designate an administrative officer, admitted to\\npractice as an attorney in the state of New York, who shall have the\\nauthority to rule on all motions, including motions to compel disclosure\\nof information or material claimed to be protected because of privilege\\nor confidentiality, procedures and other legal objections and shall\\ndraft the conclusions of the hearing committee pursuant to paragraph\\n(g). The administrative officer shall have the authority to rule on\\nobjections to questions posed by either party or the committee members.\\nThe administrative officer shall not be entitled to vote.\\n (f) Conduct of hearing. All hearings must be commenced within sixty\\ndays of the service of charges except that an adjournment of the initial\\nhearing date may be granted by the hearing committee upon request by\\neither party upon good cause shown. No adjournment shall exceed thirty\\ndays. The evidence in support of the charges shall be presented by an\\nattorney. The licensee shall have the rights required to be stated in\\nthe notice of hearing (subparagraph (c) of this subdivision) and in\\nsection four hundred one of the state administrative procedure act. The\\ncommittee shall not be bound by the rules of evidence, but its\\nconclusion shall be based on a preponderance of the evidence. A hearing\\nwhich has been initiated shall not be discontinued because of the death\\nor incapacity to serve of one member of the hearing committee. In the\\nevent of a member's death or incapacity to serve on the committee, a\\nmember shall be appointed immediately by the chairperson of the board.\\nThe member shall affirm in writing that he or she has read and\\nconsidered evidence and transcripts of the prior proceedings. The last\\nhearing day must be held within one hundred twenty days of the first\\nhearing day. Either party, for good cause shown, may request that the\\ncommittee extend the last hearing day beyond one hundred twenty days. An\\nextension requested by the licensee and granted by the committee may not\\nbe used as the grounds for a proceeding brought under paragraph (j) of\\nthis subdivision.\\n (g) Results of hearing. The committee shall make (1) findings of fact,\\n(2) conclusions concerning the charges sustained or dismissed, and (3) a\\ndetermination regarding charges sustained or dismissed, and in the event\\nany of the charges have been sustained, of the penalty to be imposed or\\nappropriate action to be taken and the reasons for the determination.\\nFor the committee to make a conclusion sustaining a charge, or\\ndetermining a penalty or the appropriate action to be taken, two members\\nof the committee must vote for such a conclusion or determination. The\\ncommittee shall issue an order based on its determination. The\\ncommittee's findings, conclusions, determinations and order shall become\\npublic upon issuance. However, if the time to request a review of the\\ncommittee's determination has not yet expired, or if the review has been\\nrequested but no determination as a result of the review has been\\nissued, such publication shall include a statement advising that the\\nlicensee or the department may request a review of the committee's\\ndetermination. No such statement is required if (a) the time to request\\nsuch review has expired without the filing of such request by either of\\nthe parties, or (b) the licensee and the department both affirmatively\\ndecline to request review of the committee's determination or fail to\\nperfect such review. In the event any or all such charges are dismissed,\\nsuch dismissal shall be made public within two business days.\\n (h) Disposition of results. (i) The findings, conclusions,\\ndetermination and the reasons for the determination of the committee\\nshall be served upon the licensee, the department, and any hospitals,\\nprimary practice settings or health care plans required to be identified\\nin publicly disseminated physician data pursuant to paragraph (j), (n),\\nor (q) of subdivision one of section twenty-nine hundred ninety-five-a\\nof this chapter, within sixty days of the last day of hearing. Service\\nshall be either by certified mail upon the licensee at the licensee's\\nlast known address and such service shall be effective upon receipt or\\nseven days after mailing by certified mail whichever is earlier or by\\npersonal service and such service shall be effective upon receipt. The\\nlicensee shall deliver to the board the license which has been revoked,\\nannulled, suspended or surrendered, together with the registration\\ncertificate, within five days after receipt of the order. If the license\\nor registration certificate is lost, misplaced or its whereabouts is\\notherwise unknown, the licensee shall submit an affidavit to that effect\\nand shall deliver such license or certificate to the board when located.\\nThe director of the office shall promptly transmit a copy of the order\\nto the division of professional licensing services of the state\\neducation department and to each hospital at which the licensee has\\nprivileges.\\n (ii) When a license has been: (A) revoked or annulled without stay\\npursuant to subdivision four or five of section two hundred thirty-a of\\nthis title; (B) surrendered by a licensee; (C) suspended without stay\\nfor more than one hundred eighty days; or (D) restricted to prohibit the\\npractice of medicine or to preclude the delivery of patient care, the\\nlicensee whose license has been so revoked, surrendered, annulled\\nwithout stay, suspended without stay for more than one hundred eighty\\ndays, or restricted shall, within fifteen days of the effective date of\\nthe order:\\n (1) notify his or her patients, of the cessation or limitation of the\\nlicensee's medical practice; the names of other physicians or health\\ncare practitioners who have agreed to assume responsibility for the\\npatient's care; that the patient should contact one of those named\\nphysicians or health care practitioners, or another physician or health\\ncare practitioner of the patient's choice, to determine the health care\\nplans, as defined in sections four thousand nine hundred of the\\ninsurance law and forty-nine hundred of this chapter, in which the\\nphysician or health care practitioner participates and the polices and\\nprocedures of such physician or other health care practitioner; that the\\npatient should notify the licensee of the name of the physician or other\\nhealth care practitioner to whom the patient's medical records should be\\ntransferred; and that the licensee will retain, and remain responsible\\nfor the maintenance of the patient's medical records until the patient\\nprovides notice that the records shall be transferred directly to the\\npatient, consistent with the provisions of sections seventeen and\\neighteen of this chapter, or to another practitioner of the patient's\\nchoice. The licensee shall also notify each health care plan with which\\nthe licensee contracts or is employed, and each hospital where he or she\\nhas privileges in writing of the cessation or limitation of the\\nlicensee's medical practice. Within forty-five days of the effective\\ndate of the order, the licensee shall provide the office of professional\\nmedical conduct with proof, in a form acceptable to the director of the\\noffice of professional medical conduct, that all patients and hospitals\\nhave been notified of the cessation or limitation of the licensee's\\nmedical practice.\\n (2) make arrangements for the transfer and maintenance of the medical\\nrecords of his or her former patients. Records shall be either\\ntransferred to the licensee's former patients consistent with the\\nprovisions of sections seventeen and eighteen of this chapter or to\\nanother physician or health care practitioner as provided in clause (1)\\nof this subparagraph who shall expressly assume responsibility for their\\ncare and maintenance and for providing access to such records, as\\nprovided in subdivisions twenty-two and thirty-two of section sixty-five\\nhundred thirty of the education law, the rules of the board of regents\\nor the regulations of the commissioner of education and sections\\nseventeen and eighteen of this chapter. When records are not transferred\\nto the licensee's former patients or to another physician or health care\\npractitioner, the licensee whose license has been revoked, annulled,\\nsurrendered, suspended or restricted shall remain responsible for the\\ncare and maintenance of the medical records of his or her former\\npatients and shall be subject to additional proceedings pursuant to\\nsubdivisions twenty-two, thirty-two and forty of section sixty-five\\nhundred thirty of the education law in the event that the licensee fails\\nto maintain those medical records or fails to make them available to a\\nformer patient.\\n (3) notify the office of professional medical conduct of the name,\\naddress, and telephone number of any physician or other health care\\npractitioner who has agreed to accept responsibility for storing and\\nmaintaining these medical records.\\n (4) in the event that the licensee whose license has been revoked,\\nannulled, surrendered or restricted to prohibit the practice of medicine\\nor to preclude the delivery of patient care holds a federal Drug\\nEnforcement Agency (DEA) certificate, advise the DEA in writing of the\\nlicensure action, surrender his or her DEA controlled substance\\nprivileges to the DEA, and surrender any unused DEA #222 U.S. Official\\nOrder Forms, Schedules 1 and 2 to the DEA.\\n (5) for licensees whose license has been revoked, annulled,\\nsurrendered or restricted to prohibit the practice of medicine or to\\npreclude the delivery of patient care, return any unused New York state\\nofficial prescription forms to the bureau of narcotics enforcement of\\nthe department. The licensee shall cause all other prescription pads\\nbearing the licensee's name to be destroyed. If no other licensee is\\nproviding services at the licensee's practice location, all medications\\nshall be properly disposed.\\n (6) for licensees whose license to practice has been revoked,\\nannulled, surrendered or restricted to prohibit the practice of medicine\\nor to preclude the delivery of patient care, refrain from new\\nadvertising and make reasonable efforts to cease current advertising by\\nwhich his or her eligibility to practice medicine is represented.\\n In addition to any other penalty provided for in law, failure to\\ncomply with the requirements of this subparagraph shall constitute\\nmisconduct that may be prosecuted pursuant to this section and which may\\nsubject the licensee to the imposition of additional penalties pursuant\\nto section two hundred thirty-a of this title.\\n (i) The determinations of a committee on professional conduct of the\\nstate board for professional medical conduct may be reviewed by the\\nadministrative review board for professional medical conduct.\\n (j) Time limitations. Failure to comply with a provision of this\\nsubdivision requiring that a specified action shall be taken within a\\nspecified period of time shall be grounds for a proceeding pursuant to\\narticle seventy-eight of the civil practice law and rules for an order\\nstaying the hearing or dismissing the charges or any part thereof or any\\nother appropriate relief. Such proceeding shall be returnable before the\\nsupreme court of Albany county or New York county. The respondent in\\nsuch proceeding shall have the initial burden to explain the reasons for\\nthe failure to comply with a provision of this subdivision requiring\\nthat a specified action to be taken within a specified period of time.\\nThe court shall not stay the hearing or dismiss the charges or grant any\\nother relief unless it determines that failure to comply was not caused\\nby the article seventy-eight petitioner and has caused substantial\\nprejudice to the article seventy-eight petitioner.\\n (k) The executive secretary of the board with the specific approval of\\na committee on professional conduct of the board shall have the power to\\nissue subpoenas requiring persons to appear before the board and be\\nexamined with reference to a matter within the scope of the inquiry or\\nthe investigation being conducted by the board and produce books,\\npapers, records or documents pertaining thereto.\\n (l) The board or its representatives may examine and obtain records of\\npatients in any investigation or proceeding by the board acting within\\nthe scope of its authorization. Unless expressly waived by the patient,\\nany information so obtained shall be confidential and shall not be\\ndisclosed except to the extent necessary for the proper function of the\\nboard and the name of the patient may not be disclosed by the board or\\nits employees at any stage of the proceedings unless the patient has\\nexpressly consented. Any other use or dissemination by any person by any\\nmeans, unless pursuant to a valid court order or otherwise provided by\\nlaw, is prohibited.\\n (m) Expedited procedures. (i) Violations. Violations involving\\nprofessional misconduct of a minor or technical nature may be resolved\\nby expedited procedures as provided in subparagraph (ii) or (iii) of\\nthis paragraph. For purposes of this paragraph violations of a minor or\\ntechnical nature shall include, but shall not be limited to, isolated\\ninstances of violations concerning professional advertising or record\\nkeeping, and other isolated violations which do not directly affect or\\nimpair the public health, welfare or safety.\\n (ii) Administrative warning and consultation. If the director of the\\noffice of professional medical conduct, after obtaining the concurrence\\nof a majority of a committee on professional conduct, and after\\nconsultation with the executive secretary, determines that there is\\nsubstantial evidence of professional misconduct of a minor or technical\\nnature or of substandard medical practice which does not constitute\\nprofessional misconduct, the director may issue an administrative\\nwarning and/or provide for consultation with a panel of one or more\\nexperts, chosen by the director. Panels of one or more experts may\\ninclude, but shall not be limited to, a peer review committee of a\\ncounty medical society or a specialty board. Administrative warnings and\\nconsultations shall be confidential and shall not constitute an\\nadjudication of guilt or be used as evidence that the licensee is guilty\\nof the alleged misconduct. However, in the event of a further allegation\\nof similar misconduct by the same licensee, the matter may be reopened\\nand further proceedings instituted as provided in this section.\\n (iii) Violation committee proceeding. If the director determines,\\nafter obtaining the concurrence of a majority of a committee on\\nprofessional conduct, and after consultation with the executive\\nsecretary, that there is substantial evidence of a violation and that\\nthe violation is of a nature justifying a penalty as specified in this\\nsubparagraph the department may prepare and serve charges, either by\\npersonal service or by certified mail, return receipt requested. A\\nviolation committee proceeding shall be commenced within three years of\\nthe alleged professional misconduct. Such charges shall include a\\nstatement that the matter shall be referred to a committee on\\nprofessional conduct, which shall act as a violations committee for\\ndetermination. The violations committee shall be appointed by the\\nchairperson of the state board. Paragraph (c) of subdivision ten of\\nthis section shall apply to the proceeding. A stenographic record of the\\nhearing shall be made. The evidence in support of the charges shall be\\npresented by an attorney and the licensee shall be afforded an\\nopportunity to be heard and to present evidence in his behalf. Such\\nviolations committee may issue a censure and reprimand, may require the\\nlicensee to perform up to twenty-five hours of public service in a\\nfacility licensed pursuant to article twenty-eight of this chapter in a\\nmanner and at a time and place directed by the board, and in addition,\\nor in the alternative, may impose a fine not to exceed five hundred\\ndollars for each specification of minor or technical misconduct. The\\nviolations committee may alternatively dismiss the charges in the\\ninterest of justice. The order shall be served either by certified mail\\nto the licensee's last known address and such services shall be\\neffective upon receipt or seven days after mailing by certified mail\\nwhichever is earlier or by personal service and such service shall be\\neffective upon receipt. The order may be reviewed by the administrative\\nappeals board for professional medical conduct.\\n (n) Engagement. A proceeding under this section shall be treated in\\nthe same manner as an action or proceeding in supreme court for the\\npurpose of any claim by counsel of actual engagement.\\n (o) Orders for review of medical records. Where the director has\\nissued an order for a comprehensive medical review of patient records\\nand office records pursuant to subparagraph four of paragraph (a) of\\nthis subdivision and the licensee has refused to comply with the\\ndirector's order, the director may apply to a justice of the supreme\\ncourt, in writing, on notice to the licensee, for a court order to\\ncompel compliance with the director's order. The court shall not grant\\nthe application unless it finds that (i) there was a reasonable basis\\nfor issuance of the director's order and (ii) there is reasonable cause\\nto believe that the records sought are relevant to the director's order.\\nThe court may deny the application or grant the application in whole or\\nin part.\\n (p) Convictions of crimes or administrative violations. In cases of\\nprofessional misconduct based solely upon a violation of subdivision\\nnine of section sixty-five hundred thirty of the education law, the\\ndirector may direct that charges be prepared and served and may refer\\nthe matter to a committee on professional conduct for its review and\\nreport of findings, conclusions as to guilt, and determination. In such\\ncases, the notice of hearing shall state that the licensee shall file a\\nwritten answer to each of the charges and allegations in the statement\\nof charges no later than ten days prior to the hearing, and that any\\ncharge or allegation not so answered shall be deemed admitted, that the\\nlicensee may wish to seek the advice of counsel prior to filing such\\nanswer that the licensee may file a brief and affidavits with the\\ncommittee on professional conduct, that the licensee may appear\\npersonally before the committee on professional conduct, may be\\nrepresented by counsel and may present evidence or sworn testimony in\\nhis or her behalf, and the notice may contain such other information as\\nmay be considered appropriate by the director. The department may also\\npresent evidence or sworn testimony and file a brief at the hearing. A\\nstenographic record of the hearing shall be made. Such evidence or sworn\\ntestimony offered to the committee on professional conduct shall be\\nstrictly limited to evidence and testimony relating to the nature and\\nseverity of the penalty to be imposed upon the licensee. Where the\\ncharges are based on the conviction of state law crimes in other\\njurisdictions, evidence may be offered to the committee which would show\\nthat the conviction would not be a crime in New York state. The\\ncommittee on professional conduct may reasonably limit the number of\\nwitnesses whose testimony will be received and the length of time any\\nwitness will be permitted to testify. The determination of the committee\\nshall be served upon the licensee and the department in accordance with\\nthe provisions of paragraph (h) of this subdivision. A determination\\npursuant to this subdivision may be reviewed by the administrative\\nreview board for professional medical conduct.\\n (q) At any time subsequent to the final conclusion of a professional\\nmisconduct proceeding against a licensee, whether upon the determination\\nand order of a hearing committee issued pursuant to paragraph (h) of\\nthis subdivision or upon the determination and order of the\\nadministrative review board issued pursuant to paragraph (d) of\\nsubdivision four of section two hundred thirty-c of this title, the\\nlicensee may file a petition with the director, requesting vacatur or\\nmodification of the determination and order. The director shall, after\\nreviewing the matter and after consulting with department counsel,\\ndetermine in the reasonable exercise of his or her discretion whether\\nthere is new and material evidence that was not previously available\\nwhich, had it been available, would likely have led to a different\\nresult, or whether circumstances have occurred subsequent to the\\noriginal determination that warrant a reconsideration of the measure of\\ndiscipline. Upon determining that such evidence or circumstances exist,\\nthe director shall have the authority to join the licensee in an\\napplication to the chairperson of the state board for professional\\nmedical conduct to vacate or modify the determination and order, as the\\ndirector may deem appropriate. Upon the joint application of the\\nlicensee and the director, the chairperson shall have the authority to\\ngrant or deny such application.\\n 11. Reporting of professional misconduct:\\n (a) The medical society of the state of New York, the New York state\\nosteopathic society or any district osteopathic society, any statewide\\nmedical specialty society or organization, and every county medical\\nsociety, every person licensed pursuant to articles one hundred\\nthirty-one, one hundred thirty-one-B, one hundred thirty-three, one\\nhundred thirty-seven and one hundred thirty-nine of the education law,\\nand the chief executive officer, the chief of the medical staff and the\\nchairperson of each department of every institution which is established\\npursuant to article twenty-eight of this chapter and a comprehensive\\nhealth services plan pursuant to article forty-four of this chapter or\\narticle forty-three of the insurance law, shall, and any other person\\nmay, report to the board any information which such person, medical\\nsociety, organization institution or plan has which reasonably appears\\nto show that a licensee is guilty of professional misconduct as defined\\nin sections sixty-five hundred thirty and sixty-five hundred thirty-one\\nof the education law. Such reports shall remain confidential and shall\\nnot be admitted into evidence in any administrative or judicial\\nproceeding except that the board, its staff, or the members of its\\ncommittees may begin investigations on the basis of such reports and may\\nuse them to develop further information.\\n (b) Any person, organization, institution, insurance company,\\nosteopathic or medical society who reports or provides information to\\nthe board in good faith, and without malice shall not be subject to an\\naction for civil damages or other relief as the result of such report.\\n (c) Notwithstanding the foregoing, no physician shall be responsible\\nfor reporting pursuant to paragraph (a) of this subdivision with respect\\nto any information discovered by such physician solely as a result of:\\n (i) Participation in a properly conducted mortality and/or morbidity\\nconference, departmental meeting or a medical or tissue committee\\nconstituted pursuant to the by-laws of a hospital which is duly\\nestablished pursuant to article twenty-eight of the public health law,\\nunless the procedures of such conference, department or committee of\\nsuch hospital shall have been declared to be unacceptable for the\\npurpose hereof by the commissioner, and provided that the obligations of\\nreporting such information when appropriate to do so shall be the\\nresponsibility of the chairperson of such conference, department or\\ncommittee, or\\n * (ii) Participation and membership during a three year demonstration\\nperiod in a physician committee of the Medical Society of the State of\\nNew York or the New York State Osteopathic Society whose purpose is to\\nconfront and refer to treatment physicians who are thought to be\\nsuffering from alcoholism, drug abuse, or mental illness. Such\\ndemonstration period shall commence on April first, nineteen hundred\\neighty and terminate on May thirty-first, nineteen hundred eighty-three.\\nAn additional demonstration period shall commence on June first,\\nnineteen hundred eighty-three and terminate on March thirty-first,\\nnineteen hundred eighty-six. An additional demonstration period shall\\ncommence on April first, nineteen hundred eighty-six and terminate on\\nMarch thirty-first, nineteen hundred eighty-nine. An additional\\ndemonstration period shall commence April first, nineteen hundred\\neighty-nine and terminate March thirty-first, nineteen hundred\\nninety-two. An additional demonstration period shall commence April\\nfirst, nineteen hundred ninety-two and terminate March thirty-first,\\nnineteen hundred ninety-five. An additional demonstration period shall\\ncommence on April first, nineteen hundred ninety-five and terminate on\\nMarch thirty-first, nineteen hundred ninety-eight. An additional\\ndemonstration period shall commence on April first, nineteen hundred\\nninety-eight and terminate on March thirty-first, two thousand three. An\\nadditional demonstration period shall commence on April first, two\\nthousand three and terminate on March thirty-first, two thousand\\nthirteen. An additional demonstration period shall commence April first,\\ntwo thousand thirteen and terminate on March thirty-first, two thousand\\neighteen. An additional demonstration period shall commence April first,\\ntwo thousand eighteen and terminate on July first, two thousand\\ntwenty-three provided, however, that the commissioner may prescribe\\nrequirements for the continuation of such demonstration program,\\nincluding periodic reviews of such programs and submission of any\\nreports and data necessary to permit such reviews. During these\\nadditional periods, the provisions of this subparagraph shall also apply\\nto a physician committee of a county medical society.\\n * NB Expires July 1, 2023\\n (d) In the event that a physician or administrator of a hospital\\nestablished pursuant to article twenty-eight of this chapter shall\\nreasonably be unable to determine if any information which he or she has\\nis such that it does reasonably appear to show that a licensee is guilty\\nof professional misconduct and therefore creates an obligation on such\\nphysician or such administrator to make a report pursuant to paragraph\\n(a) hereof, he or she may either:\\n (i) in accordance with procedures established by the board, and\\nwithout revealing the name of the licensee who he or she is considering\\nmaking such a report about, request in writing the advice of the board\\nas to whether or not a report should be made, and the physician or\\nadministrator so requesting such advice shall then be required to comply\\nwith the advice of the board. No such request for advice shall relieve\\nthe requesting physician or administrator of any obligation hereunder\\nunless all other material facts are revealed, other than the name of the\\nlicensee in question, or\\n (ii) in the case where the licensee about whom another physician is\\nconsidering making such report is affiliated with a hospital which is\\nduly established pursuant to article twenty-eight of this chapter, a\\nphysician may elect to fulfill the obligations of paragraph (a) hereof\\nby reporting such information to the appropriate executive committee or\\nprofessional practices peer review committee which is duly constituted\\npursuant to by-laws of such hospital, unless the peer review procedures\\nof such hospital shall have been declared to be unacceptable for the\\npurposes hereof by the commissioner. The physician members of such\\nhospital executive committee or professional practices peer review\\ncommittee shall thereupon have the responsibility of reporting such\\ninformation to the board pursuant to paragraph (a) hereof, as required\\nthereby, but in the event that such committee determines that a report\\nshall be made to the board, the chairperson of such committee may\\nfulfill the obligation of reporting on behalf of all the members of the\\ncommittee, or\\n (iii) in a case where the physician, about whom he or she is\\nconsidering making such report, is a member of a county medical society\\nor district osteopathic society, and is not affiliated with a hospital,\\nbut practices his or her profession within such county or district, a\\nphysician may elect to fulfill the obligations of paragraph (a) hereof\\nby reporting such information to the appropriate county medical\\nsociety's or district osteopathic society's professional practices\\nreview committee duly constituted pursuant to the by-laws of such county\\nmedical society or district osteopathic society, unless the review\\nprocedures of such county medical society or district osteopathic\\nsociety shall have been declared to be unacceptable for the purposes\\nhereof by the commissioner. The physician members of such review\\ncommittee shall thereupon have the responsibility of reporting such\\ninformation to the board pursuant to paragraph (a) hereof, as required\\nthereby, but in the event that such committee determines that a report\\nshall be made to the board, the chairperson of such committee may\\nfulfill the obligation of reporting on behalf of all the members of the\\ncommittee.\\n (e) Nothing contained in this subdivision shall be so construed as to\\nrequire any physician to violate a physician/patient privilege and\\ntherefore, no physician shall be required to report any information to\\nthe board which such physician has learned solely as a result of\\nrendering treatment to another physician.\\n (f) A violation of this subdivision shall not be subject to the\\nprovisions of sections twelve and twelve-b of this chapter.\\n * (g) Any physician committee of the Medical Society of the State of\\nNew York, the New York State Osteopathic Society or a county medical\\nsociety referred to in subparagraph (ii) of paragraph (c) of this\\nsubdivision shall develop procedures in consultation with, and approved\\nby, the commissioner of the department of health, including but not\\nlimited to the following:\\n (i) The committee shall disclose at least once a month such\\ninformation as the director of the office of professional medical\\nconduct may deem appropriate regarding reports received, contacts or\\ninvestigations made and the disposition of each report, provided however\\nthat the committee shall not disclose any personally identifiable\\ninformation except as provided in subparagraph (ii) or subparagraph\\n(iii) of this paragraph.\\n (ii) The committee shall immediately report to the director the name,\\nall information obtained and the results of any contact or investigation\\nregarding any physician who is believed to be an imminent danger to the\\npublic.\\n (iii) The committee shall report to the director in a timely fashion\\nall information obtained regarding any physician who refuses to\\ncooperate with the committee, refuses to submit to treatment, or whose\\nimpairment is not substantially alleviated through treatment.\\n (iv) The committee shall inform each physician who is participating in\\na program of the procedures followed in the program, of the rights and\\nresponsibilities of the physician in the program and of the possible\\nresults of noncompliance with the program.\\n ** (v) No member of any such committee shall be liable for damages to\\nany person for any action taken by such member provided that such action\\nwas taken without malice and within the scope of such member's function\\nas a member of such committee.\\n ** NB Repealed July 1, 2023\\n ** (vi) The committee, in conjunction with the director of the office\\nof professional medical conduct, shall develop appropriate consent forms\\nand disclosure proceedings as may be necessary under any federal\\nstatute, rule or regulation in order to permit the disclosure of the\\ninformation as may be required under subparagraphs (ii) and (iii) of\\nthis paragraph.\\n Except as herein provided and notwithstanding any other provision of\\nlaw, neither the proceedings nor the records of any such physician\\ncommittee shall be subject to disclosure under article thirty-one of the\\ncivil practice law and rules nor shall any member of any such committee\\nnor any person in attendance at any such meeting be required to testify\\nas to what transpired thereat.\\n ** NB Repealed July 1, 2023\\n * NB Expires July 1, 2023\\n 12. Summary action. (a) Whenever the commissioner, (i) after being\\npresented with information indicating that a licensee is causing,\\nengaging in or maintaining a condition or activity which has resulted in\\nthe transmission or suspected transmission, or is likely to lead to the\\ntransmission, of communicable disease as defined in the state sanitary\\ncode or HIV/AIDS, by the state and/or a local health department and if\\nin the commissioner's opinion it would be prejudicial to the interests\\nof the people to delay action until an opportunity for a hearing can be\\nprovided in accordance with the prehearing and hearing provisions of\\nthis section; or (ii) after an investigation and a recommendation by a\\ncommittee on professional conduct of the state board for professional\\nmedical conduct, based upon a determination that a licensee is causing,\\nengaging in or maintaining a condition or activity which in the\\ncommissioner's opinion constitutes an imminent danger to the health of\\nthe people, and that it therefore appears to be prejudicial to the\\ninterests of the people to delay action until an opportunity for a\\nhearing can be provided in accordance with the prehearing and hearing\\nprovisions of this section; the commissioner may order the licensee, by\\nwritten notice, to discontinue such dangerous condition or activity or\\ntake certain action immediately and for a period of ninety days from the\\ndate of service of the order. Within ten days from the date of service\\nof the said order, the state board for professional medical conduct\\nshall commence and regularly schedule such hearing proceedings as\\nrequired by this section, provided, however, that the hearing shall be\\ncompleted within ninety days of the date of service of the order. To the\\nextent that the issue of imminent danger can be proven without the\\nattorney representing the office of professional medical conduct putting\\nin its entire case, the committee of the board shall first determine\\nwhether by a preponderance of the evidence the licensee is causing,\\nengaging in or maintaining a condition or activity which constitutes an\\nimminent danger to the health of the people. The attorney representing\\nthe office of professional medical conduct shall have the burden of\\ngoing forward and proving by a preponderance of the evidence that the\\nlicensee's condition, activity or practice constitutes an imminent\\ndanger to the health of the people. The licensee shall have an\\nopportunity to be heard and to present proof. When both the office and\\nthe licensee have completed their cases with respect to the question of\\nimminent danger, the committee shall promptly make a recommendation to\\nthe commissioner on the issue of imminent danger and determine whether\\nthe summary order should be left in effect, modified or vacated, and\\ncontinue the hearing on all the remaining charges, if any, in accordance\\nwith paragraph (f) of subdivision ten of this section. Within ten days\\nof the committee's recommendation, the commissioner shall determine\\nwhether or not to adopt the committee's recommendations, in whole or in\\npart, and shall leave in effect, modify or vacate his summary order. The\\nstate board for professional medical conduct shall make every reasonable\\neffort to avoid any delay in completing and determining such\\nproceedings. If, at the conclusion of the hearing, (i) the hearing\\ncommittee of the board finds the licensee guilty of one or more of the\\ncharges which are the basis for the summary order, (ii) the hearing\\ncommittee determines that the summary order continue, and (iii) the\\nninety day term of the order has not expired, the summary order shall\\nremain in full force and effect until a final decision has been rendered\\nby the committee or, if review is sought, by the administrative review\\nboard. A summary order shall be public upon issuance.\\n (b) When a licensee has pleaded or been found guilty or convicted of\\ncommitting an act constituting a felony under New York state law or\\nfederal law, or the law of another jurisdiction which, if committed\\nwithin this state, would have constituted a felony under New York state\\nlaw, or when a licensee has been charged with committing an act\\nconstituting a felony under New York state or federal law or the law of\\nanother jurisdiction, where the licensee's alleged conduct, which, if\\ncommitted within this state, would have constituted a felony under New\\nYork state law, and in the commissioner's opinion the licensee's alleged\\nconduct constitutes an imminent danger to the health of the people, or\\nwhen the duly authorized professional disciplinary agency of another\\njurisdiction has made a finding substantially equivalent to a finding\\nthat the practice of medicine by the licensee in that jurisdiction\\nconstitutes an imminent danger to the health of its people, or when a\\nlicensee has been disciplined by a duly authorized professional\\ndisciplinary agency of another jurisdiction for acts which if committed\\nin this state would have constituted the basis for summary action by the\\ncommissioner pursuant to paragraph (a) of this subdivision, the\\ncommissioner, after a recommendation by a committee of professional\\nconduct of the state board for professional medical conduct, may order\\nthe licensee, by written notice, to discontinue or refrain from\\npracticing medicine in whole or in part or to take certain actions\\nauthorized pursuant to this title immediately. The order of the\\ncommissioner shall constitute summary action against the licensee and\\nbecome public upon issuance. The summary suspension shall remain in\\neffect until the final conclusion of a hearing which shall commence\\nwithin ninety days of the date of service of the commissioner's order,\\nend within ninety days thereafter and otherwise be held in accordance\\nwith paragraph (a) of this subdivision, provided, however, that when the\\ncommissioner's order is based upon a finding substantially equivalent to\\na finding that the practice of medicine by the licensee in another\\njurisdiction constitutes an imminent danger to the health of its people,\\nthe hearing shall commence within thirty days after the disciplinary\\nproceedings in that jurisdiction are finally concluded. If, at any time,\\nthe felony charge is dismissed, withdrawn or reduced to a non-felony\\ncharge, the commissioner's summary order shall terminate.\\n 13. (a) Temporary surrender. The license and registration of a\\nlicensee who may be temporarily incapacitated for the active practice of\\nmedicine and whose alleged incapacity has not resulted in harm to a\\npatient may be voluntarily surrendered to the board for professional\\nmedical conduct, which may accept and hold such license during the\\nperiod of such alleged incapacity or the board for professional medical\\nconduct may accept the surrender of such license after agreement to\\nconditions to be met prior to the restoration of the license. The board\\nshall give prompt written notification of such surrender to the division\\nof professional licensing services of the state education department,\\nand to each hospital at which the licensee has privileges. The licensee\\nwhose license is so surrendered shall notify all patients and all\\npersons who request medical services that the licensee has temporarily\\nwithdrawn from the practice of medicine. The licensure status of each\\nsuch licensee shall be \"inactive\" and the licensee shall not be\\nauthorized to practice medicine. The temporary surrender shall not be\\ndeemed to be an admission of disability or of professional misconduct,\\nand shall not be used as evidence of a violation of subdivision seven or\\neight of section sixty-five hundred thirty of the education law unless\\nthe licensee practices while the license is \"inactive\". Any such\\npractice shall constitute a violation of subdivision twelve of section\\nsixty-five hundred thirty of the education law. The surrender of a\\nlicense under this subdivision shall not bar any disciplinary action\\nexcept action based solely upon the provisions of subdivision seven or\\neight of section sixty-five hundred thirty of the education law and\\nwhere no harm to a patient has resulted, and shall not bar any civil or\\ncriminal action or proceeding which might be brought without regard to\\nsuch surrender. A surrendered license shall be restored upon a showing\\nto the satisfaction of a committee of professional conduct of the state\\nboard for professional medical conduct that the licensee is not\\nincapacitated for the active practice of medicine provided, however,\\nthat the committee may impose reasonable conditions on the licensee, if\\nit determined that due to the nature and extent of the licensee's former\\nincapacity such conditions are necessary to protect the health of the\\npeople. The chairperson of the committee shall issue a restoration order\\nadopting the decision of the committee. Prompt written notification of\\nsuch restoration shall be given to the division of professional\\nlicensing services of the state education department and to all\\nhospitals which were notified of the surrender of the license.\\n (b) Permanent surrender. The license and registration of a licensee\\nwho may be permanently incapacitated for the active practice of\\nmedicine, and whose alleged incapacity has not resulted in harm to a\\npatient, may be voluntarily surrendered to the board for professional\\nmedical conduct. The board shall give prompt written notification of\\nsuch surrender to the division of professional licensing services of the\\nstate education department, and to each hospital at which the licensee\\nhas privileges. The licensee whose license is so surrendered shall\\nnotify all patients and all persons who request medical services that\\nthe licensee has permanently withdrawn from the practice of medicine.\\nThe permanent surrender shall not be deemed to be an admission of\\ndisability of or professional misconduct, and shall not be used as\\nevidence of a violation of subdivision seven or eight of section\\nsixty-five hundred thirty of the education law. The surrender shall not\\nbar any civil or criminal action or proceeding which might be brought\\nwithout regard to such surrender. There shall be no restoration of a\\nlicense that has been surrendered pursuant to this subdivision.\\n 14. Reports. The board shall prepare an annual report for the\\nlegislature, the governor and other executive offices, the medical\\nprofession, medical professional societies, consumer agencies and other\\ninterested persons. Such report shall include, but shall not be limited\\nto, a description and analysis of the administrative procedures and\\noperations based upon a statistical summary relating to (i) discipline,\\n(ii) complaint, investigation, and hearing backlog and (iii) budget.\\nInformation provided for these sections shall be enumerated by regional\\noffice of the office of professional medical conduct.\\n * 15. The commissioner shall make grants to any physician committee as\\nreferred to in subparagraph (ii) of paragraph (c) of subdivision eleven\\nof this section to fund the operations of such committee during the\\nauthorized demonstration period. Grants shall be awarded pursuant to an\\nexpenditure plan developed by the sponsoring organization in\\nconsultation with, and approved by the commissioner. No funds shall be\\nmade available unless the committee's procedures have been approved by\\nthe commissioner pursuant to paragraph (g) of subdivision eleven of this\\nsection.\\n * NB Repealed July 1, 2023\\n 16. Liability. Notwithstanding any other provision of law, persons who\\nassist the department as consultants, expert witnesses, administrative\\nofficers or monitors in the investigation, prosecution or hearing of\\nalleged professional misconduct, licensure matters, restoration\\nproceedings, probation, or criminal prosecutions for unauthorized\\npractice, shall not be liable for damages in any civil action or\\nproceeding as a result of such assistance, except upon proof of actual\\nmalice. The attorney general shall defend such persons in any such\\naction or proceeding, in accordance with section seventeen of the public\\nofficers law.\\n 17. Monitoring. (a) A licensee may be ordered to have his or her\\npractice monitored by another appropriate licensee after investigation\\nand review pursuant to paragraph (a) of subdivision ten of this section,\\nif there is reason to believe that the licensee is unable to practice\\nmedicine with reasonable skill and safety to patients.\\n (b) The director of the office of professional medical conduct, after\\nconsultation with the executive secretary, shall direct counsel to\\nprepare a notice detailing the reasonable cause and a copy of the notice\\nshall be served on the licensee. The matter shall be presented to a\\ncommittee on professional conduct by an attorney for the department and\\nthe licensee shall have the opportunity to be heard by such committee\\nand may be represented by counsel. A stenographic record of the\\nproceeding shall be made. Service of the notice shall be in accordance\\nwith the methods of service authorized by paragraph (d) of subdivision\\nten of this section.\\n (c) If the committee determines that reasonable cause exists as\\nspecified in paragraph (a) of this subdivision and that there is\\ninsufficient evidence for the matter to constitute misconduct as defined\\nin sections sixty-five hundred thirty and section sixty-five hundred\\nthirty-one of the education law, the committee may issue an order\\ndirecting that the licensee's practice of medicine be monitored for a\\nperiod specified in the order, which shall in no event exceed one year,\\nby a licensee approved by the director, which may include members of\\ncounty medical societies or district osteopathic societies designated by\\nthe commissioner. The licensee responsible for monitoring the licensee\\nshall submit regular reports to the director. If the licensee refuses to\\ncooperate with the licensee responsible for monitoring or if the\\nmonitoring licensee submits a report that the licensee is not practicing\\nmedicine with reasonable skill and safety to his or her patients, the\\ncommittee may refer the matter to the director for further proceedings\\npursuant to subdivision ten of this section. An order pursuant to this\\nparagraph shall be kept confidential and shall not be subject to\\ndiscovery or subpoena, unless the licensee refuses to comply with the\\norder.\\n (d) A licensee may not seek the appointment of a monitor pursuant to\\nthis subdivision in lieu of an order issued pursuant to subdivision\\nseven of this section or a disciplinary proceeding pursuant to\\nsubdivision ten or twelve of this section.\\n 18. (a) The director shall have the authority to monitor physicians,\\nphysician's assistants and specialist's assistants who have been placed\\non probation pursuant to a determination of professional misconduct by\\nthe board. During such period of probation, the director, or his or her\\ndesignee, as provided in the order of the board, and after consultation\\nwith the executive secretary, (i) may review the professional\\nperformance of the licensee by randomly selecting office records,\\npatient records and hospital charts, (ii) may require periodic visits by\\nthe licensee to a member of the state board for professional medical\\nconduct or an employee of the office of professional medical conduct,\\n(iii) may require the licensee to obtain an appropriate monitor,\\napproved by the director, to monitor the licensee's practice, (iv) may\\nrequire an audit of the licensee's billings for services rendered during\\nprobation, (v) may require the licensee to submit on a random basis to\\ntests for the presence of alcohol or drugs, (vi) may require the\\nlicensee to obtain additional training prior to completion of the\\nprobation, (vii) may require the licensee to work in a supervised\\nsetting, (viii) may require, as a condition of the licensee's continued\\npractice, that the licensee undergo therapy and/or treatment approved\\nand monitored by the director, (ix) may require that the licensee comply\\nwith the requirements of the penalty imposed, and (x) may impose upon\\nthe licensee such additional requirements as reasonably relate to the\\nmisconduct found or are necessary to protect the health of the people\\npursuant to regulation. The director is authorized to delegate some or\\nall of the foregoing responsibilities to designated county medical\\nsocieties and district osteopathic societies.\\n (b) Any health care provider licensed pursuant to this chapter or the\\neducation law, hospital licensed pursuant to article twenty-eight of\\nthis chapter or medical school that participates in a monitoring or\\nremediation program pursuant to this subdivision and subdivision\\nseventeen of this section shall not be liable for the negligence of the\\nmonitored licensee in providing medical care pursuant to a monitoring\\nprogram. However, this paragraph does not diminish the participating\\nprovider's, hospital's or school's liability for failure to exercise\\nreasonable care in properly carrying out its responsibilities under the\\nprogram. The monitored licensee shall be required to maintain medical\\nmalpractice insurance coverage with limits no less than two million\\ndollars per occurrence and six million dollars per policy year.\\n 19. Upon receipt of information that indicates a licensee may be in\\nviolation of the terms or conditions of probation, the director of the\\noffice of professional medical conduct shall conduct an investigation.\\nIf the director determines that a licensee may have violated probation,\\nthe director shall give notice by letter to the licensee of the facts\\nforming the basis of the alleged violation of probation by the licensee,\\nthat the licensee has a right to a hearing and may be represented by\\ncounsel. If the licensee does not dispute the facts forming the basis of\\nthe alleged violation of probation within twenty days of the date of the\\nletter, the director shall submit the matter to a committee on\\nprofessional conduct for its review and determination. If within twenty\\ndays of the date of the letter, the licensee disputes any of the facts\\nforming the basis of the alleged violation of probation, the licensee\\nshall be afforded a hearing before a committee on professional conduct\\nto hear and make findings of fact, conclusions of law and a\\ndetermination. A stenographic record of the hearing shall be made. The\\ncommittee, after providing a licensee with an opportunity to be heard,\\nshall determine whether the licensee has violated probation and shall\\nimpose an appropriate penalty as defined in section two hundred thirty-a\\nof this title. In determining the appropriate penalty, the committee\\nshall consider both the violation of probation and the prior\\nadjudication of misconduct. The chairperson of the committee shall issue\\nan order adopting the decision of the committee on professional conduct.\\nThe order may be reviewed by the administrative review board for\\nprofessional medical conduct.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "230-A", "title" : "Penalties for professional misconduct", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "230-A", "activeDate" : "2014-09-22", "sequenceNo" : 68, "repealedDate" : null, "fromSection" : "230-A", "toSection" : "230-A", "text" : " * § 230-a. Penalties for professional misconduct. The penalties which\\nmay be imposed by the state board for professional medical conduct on a\\npresent or former licensee found guilty of professional misconduct under\\nthe definitions and proceedings prescribed in section two hundred thirty\\nof this title and sections sixty-five hundred thirty and sixty-five\\nhundred thirty-one of the education law are:\\n 1. Censure and reprimand;\\n 2. Suspension of license, (a) wholly, for a fixed period of time; (b)\\nwholly, except to the limited extent required for the licensee to\\nsuccessfully complete a course of retraining; (c) wholly, until the\\nlicensee successfully completes a course of therapy or treatment\\nprescribed by the board; (d) wholly, until the licensee completes\\nrehabilitation to the satisfaction of the board; (e) wholly, until the\\nlicensee complies with the terms or conditions of a board order; (f)\\npartially, until the licensee successfully completes a course of\\nretraining in the area to which the suspension applies; (g) partially,\\nfor a specified period or until the licensee complies with the terms or\\nconditions of a board order;\\n 3. Limitation of the license to a specified area or type of practice;\\n 4. Revocation of license;\\n 5. Annulment of license or registration;\\n 6. Limitation on registration or issuance of any further license;\\n 7. A fine not to exceed ten thousand dollars upon each specification\\nof charges of which the respondent is determined to be guilty;\\n 8. A requirement that a licensee pursue a course of education or\\ntraining; and\\n 9. A requirement that a licensee perform up to five hundred hours of\\npublic service in a manner and at a time and place as directed by the\\nboard. The board may stay such penalties in whole or in part or place\\nthe licensee on probation with or without imposition of one of the\\npenalties provided pursuant to this section. Any fine imposed pursuant\\nto this section or pursuant to paragraph (m) of subdivision ten of\\nsection two hundred thirty of this title may be sued for and recovered\\nin the name of the people of the state of New York in an action brought\\nby the attorney general. In such action, the findings, determinations\\nand order of the board shall be admissible evidence and shall be\\nconclusive proof of the violation and the penalty assessed.\\n * NB There are 2 § 230-a's\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "230-A*2", "title" : "Infection control standards", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "230-A*2", "activeDate" : "2014-09-22", "sequenceNo" : 69, "repealedDate" : null, "fromSection" : "230-A*2", "toSection" : "230-A*2", "text" : " * § 230-a. Infection control standards. Notwithstanding any law to the\\ncontrary, including section sixty-five hundred thirty-two of the\\neducation law, the department shall promulgate rules or regulations\\ndescribing scientifically accepted barrier precautions and infection\\ncontrol practices as standards of professional medical conduct for\\npersons licensed under articles one hundred thirty-one and one hundred\\nthirty-one-B of the education law. The department shall consult with the\\neducation department to ensure that regulatory standards for\\nscientifically acceptable barrier precautions and infection prevention\\ntechniques promulgated pursuant to this section are consistent, as far\\nas appropriate with such standards adopted by the education department\\napplicable to persons licensed under the education law other than\\narticles one hundred thirty-one and one hundred thirty-one-B of such\\nlaw.\\n * NB There are 2 § 230-a's\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "230-B", "title" : "Disciplinary proceedings for physician's assistants and specialist's assistants", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "230-B", "activeDate" : "2014-09-22", "sequenceNo" : 70, "repealedDate" : null, "fromSection" : "230-B", "toSection" : "230-B", "text" : " § 230-b. Disciplinary proceedings for physician's assistants and\\nspecialist's assistants. Disciplinary proceedings involving physician's\\nassistants and specialist's assistants shall be conducted in accordance\\nwith the provisions of section two hundred thirty of this title.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "230-C", "title" : "Administrative review board for professional medical conduct", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "230-C", "activeDate" : "2014-09-22", "sequenceNo" : 71, "repealedDate" : null, "fromSection" : "230-C", "toSection" : "230-C", "text" : " § 230-c. Administrative review board for professional medical conduct.\\n1. There is hereby created an administrative review board for\\nprofessional medical conduct for the purpose of reviewing determinations\\nof committees on professional conduct of the state board for\\nprofessional medical conduct. The review board may not review a\\ncommissioner's summary order under subdivision twelve of section two\\nhundred thirty of this title.\\n 2. The review board shall consist of five members of the board\\nappointed by the governor with the consent of the senate. Three of the\\nmembers of the review board shall be physicians from the board for\\nprofessional medical conduct. Two of the members of the review board\\nshall be lay members from the board for professional medical conduct.\\nThe chairperson shall assign appropriate staff to assist the review\\nboard.\\n 3. All members shall serve three year terms, provided that two of the\\ninitial appointments shall serve for a term of two years and one of the\\ninitial appointments shall serve for one year.\\n 4. Filing and determination of review. (a) The determinations of a\\ncommittee on professional conduct of the state board for professional\\nmedical conduct may be reviewed by the administrative review board for\\nprofessional medical conduct. Either the licensee or the department may\\nseek a review. A notice of review must be served by certified mail upon\\nthe administrative review board and the adverse party within fourteen\\ndays of service of the determination of the committee on professional\\nconduct of the state board for professional medical conduct. A\\ncommissioner's summary order under subdivision twelve of section two\\nhundred thirty of this title and the penalty in any case in which\\nannulment, suspension without stay or revocation of the licensee's\\nlicense is ordered by the committee on professional conduct shall remain\\nin effect until the review board renders its determination. Any penalty\\nimposed by the order of the committee on professional medical conduct,\\nother than a penalty of annulment, suspension without stay or\\nrevocation, is stayed by the service of the notice of review upon the\\nadministrative review board and remains stayed until the review board\\nrenders its determination. All parties have thirty days from the\\nservice of the notice of review to submit briefs to the board. A notice\\nof review shall be perfected only if a brief is timely submitted. All\\nparties shall have seven days from the receipt of the submitted brief to\\nfile a response. All reviews shall consist of a review of the record of\\nthe hearing and submitted briefs only. A written determination of the\\nreview board must be rendered within forty-five days of the submission\\nof briefs and a stipulated record.\\n (b) The review board shall review whether or not the determination and\\nthe penalty are consistent with the findings of fact and conclusions of\\nlaw and whether or not the penalty is appropriate and within the scope\\nof penalties permitted by section two hundred thirty-a of this title.\\nThe review board shall have the authority to remand a case to the\\ncommittee on professional conduct for reconsideration or further\\nproceedings.\\n (c) All determinations shall be based upon a majority concurrence of\\nthe administrative review board.\\n (d) The administrative review board shall issue an order based upon\\nthe determination of the administrative review board. Such order shall\\nbe served on all parties by certified mail.\\n 5. Judicial review. An order of the administrative review board for\\nprofessional medical conduct or a determination of a committee in which\\nno review by the administrative review board was requested may be\\nreviewed pursuant to the proceedings under article seventy-eight of the\\ncivil practice law and rules. Such proceeding shall be returnable before\\nthe appellate division of the third judicial department and such\\ndecisions shall not be stayed or enjoined except upon application to\\nsuch appellate division after notice to the department and to the\\nattorney general and upon a showing that the petitioner has a\\nsubstantial likelihood of success. Failure to seek an order of the\\nadministrative review board shall not be grounds for dismissal of such a\\nproceeding.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "230-D", "title" : "Office-based surgery", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-05-01", "2016-04-15" ], "docLevelId" : "230-D", "activeDate" : "2016-04-15", "sequenceNo" : 72, "repealedDate" : null, "fromSection" : "230-D", "toSection" : "230-D", "text" : " § 230-d. Office-based surgery. 1. The following words or phrases, as\\nused in this section shall have the following meanings:\\n (a) \"Accredited status\" means the full accreditation by\\nnationally-recognized accrediting agency(ies) determined by the\\ncommissioner.\\n (b) \"Adverse event\" means (i) patient death within thirty days; (ii)\\nunplanned transfer to a hospital or emergency department visit within\\nseventy-two hours of office-based surgery for reasons related to the\\noffice-based surgery encounter; (iii) unscheduled hospital admission or\\nassignment to observation services, within seventy-two hours of the\\noffice-based surgery, for longer than twenty-four hours; or (iv) any\\nother serious or life-threatening event.\\n (c) \"Deep sedation\" means a drug-induced depression of consciousness\\nduring which (i) the patient cannot be easily aroused but responds\\npurposefully following repeated painful stimulation; (ii) the patient's\\nability to maintain independent ventilatory function may be impaired;\\n(iii) the patient may require assistance in maintaining a patent airway\\nand spontaneous ventilation may be inadequate; and (iv) the patient's\\ncardiovascular function is usually maintained without assistance.\\n (d) \"General anesthesia\" means a drug-induced depression of\\nconsciousness during which (i) the patient is not arousable, even by\\npainful stimulation; (ii) the patient's ability to maintain independent\\nventilatory function is often impaired; (iii) the patient, in many\\ncases, often requires assistance in maintaining a patent airway and\\npositive pressure ventilation may be required because of depressed\\nspontaneous ventilation or drug-induced depression of neuromuscular\\nfunction; and (iv) the patient's cardiovascular function may be\\nimpaired.\\n (e) \"Moderate sedation\" means a drug-induced depression of\\nconsciousness during which (i) the patient responds purposefully to\\nverbal commands, either alone or accompanied by light tactile\\nstimulation; (ii) no interventions are required to maintain a patent\\nairway; (iii) spontaneous ventilation is adequate; and (iv) the\\npatient's cardiovascular function is usually maintained without\\nassistance.\\n (f) \"Minimal sedation\" means a drug-induced state during which (i)\\npatients respond normally to verbal commands; (ii) cognitive function\\nand coordination may be impaired; and (iii) ventilatory and\\ncardiovascular functions are unaffected.\\n (g) \"Minor procedures\" means (i) procedures that can be performed\\nsafely with a minimum of discomfort where the likelihood of\\ncomplications requiring hospitalization is minimal; (ii) procedures\\nperformed with local or topical anesthesia; or (iii) liposuction with\\nremoval of less than 500 cc of fat under unsupplemented local\\nanesthesia.\\n (h) \"Office-based surgery\" means any surgical or other invasive\\nprocedure, requiring general anesthesia, moderate sedation, or deep\\nsedation, and any liposuction procedure, where such surgical or other\\ninvasive procedure or liposuction is performed by a licensee in a\\nlocation other than a hospital, as such term is defined in article\\ntwenty-eight of this chapter, excluding minor procedures and procedures\\nrequiring minimal sedation.\\n (i) \"Licensee\" shall mean an individual licensed or otherwise\\nauthorized under article one hundred thirty-one, one hundred\\nthirty-one-B, individuals who have obtained an issuance of a privilege\\nto perform podiatric standard or advanced ankle surgery pursuant to\\nsubdivisions one and two of section seven thousand nine of the education\\nlaw.\\n 2. Licensee practices in which office-based surgery is performed shall\\nobtain and maintain full accredited status.\\n 3. A licensee may only perform office-based surgery in a setting that\\nhas obtained and maintains full accredited status.\\n 4. (a) Licensees shall report adverse events to the department's\\npatient safety center within three business days of the occurrence of\\nsuch adverse event. Licensees shall also report any suspected health\\ncare disease transmission originating in their practices to the patient\\nsafety center within three business days of becoming aware of such\\nsuspected transmission. For purposes of this section, health care\\ndisease transmission shall mean the transmission of a reportable\\ncommunicable disease that is blood borne from a health care professional\\nto a patient or between patients as a result of improper infection\\ncontrol practices by the health care professional.\\n (b) The department may also require licensees to report additional\\ndata such as procedural information as needed for the interpretation of\\nadverse events.\\n (c) The data reported under this subdivision shall be subject to all\\nconfidentiality provisions provided by section twenty-nine hundred\\nninety-eight-e of this chapter.\\n 5. The commissioner shall make, adopt, promulgate and enforce such\\nrules and regulations, as he or she may deem appropriate, to effectuate\\nthe purposes of this section. Where any rule or regulation under this\\nsection would affect the scope of practice of a health care practitioner\\nlicensed, registered or certified under title eight of the education law\\nother than those licensed under articles one hundred thirty-one or one\\nhundred thirty-one-B of the education law, the rule or regulation shall\\nbe made with the concurrence of the commissioner of education.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 6 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A2T2-B", "title" : "New York State Health Services Corps", "docType" : "TITLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2-B", "activeDate" : "2014-09-22", "sequenceNo" : 73, "repealedDate" : null, "fromSection" : "231", "toSection" : "233", "text" : " * TITLE II-B\\n NEW YORK STATE HEALTH SERVICES CORPS\\nSection 231. New York state health service corps.\\n 232. Powers and duties.\\n 233. New York state health service corps scholarship and\\n fellowship program.\\n * NB Expired July 18, 1996\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "231", "title" : "New York state health service corps", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "231", "activeDate" : "2014-09-22", "sequenceNo" : 74, "repealedDate" : null, "fromSection" : "231", "toSection" : "231", "text" : " * § 231. New York state health service corps. 1. The commissioner\\nshall establish within the department the New York state health service\\ncorps (hereinafter \"corps\"). The commissioner shall have central\\nresponsibility for administering the provisions of this title with\\nrespect to increasing the availability of health services in certain\\neligible facilities and institutions.\\n 2. For purposes of this title: (a) \"health corps professional\" means a\\nnurse, physician's assistant, dental hygienist, occupational therapist,\\nspeech-language pathologist, audiologist, physical therapist, midwife or\\nsuch other health professional, other than a physician or dentist, who\\nis determined by the commissioner, in consultation with the\\ncommissioners of education, correctional services, mental health, mental\\nretardation and developmental disabilities and the president of the\\ncivil service commission, to possess the skills and training appropriate\\nto the needs of eligible institutions and facilities;\\n (b) \"eligible institutions and facilities\" shall include: (i)\\nfacilities operated by the department of correctional services, office\\nof mental health and office of mental retardation and developmental\\ndisabilities; (ii) non-profit agencies possessing operating certificates\\nissued by the office of mental health or office of mental retardation\\nand developmental disabilities or under contract with the commission for\\nthe blind and visually handicapped; (iii) not-for-profit diagnostic and\\ntreatment centers licensed under article twenty-eight of this chapter\\nwhich have a critical shortage of health personnel, as determined by the\\ncommissioner and which serve the medically indigent and medicaid\\neligible persons; (iv) AIDS service sites, as defined in this section;\\n(v) health care facilities operated by the department, provided that at\\nany time the total number of placements in such facilities shall not\\nexceed ten percent of the total number of placements under this section;\\nand (vi) in the case of midwives, not-for-profit facilities licensed\\nunder article twenty-eight of this chapter which serve the medically\\nindigent and medicaid eligible women;\\n (c) \"president\" means the president of the New York state higher\\neducation services corporation.\\n (d) \"AIDS service sites\" means health care facilities and non-profit\\nor public agencies, designated by the commissioner, which provide care\\nor treatment to persons infected with the human immunodeficiency virus\\n(HIV) or who have acquired immunodeficiency syndrome (AIDS) and which\\nare currently experiencing a shortage of health personnel to\\nspecifically serve such person.\\n * NB Expired July 18, 1996\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "232", "title" : "Powers and duties", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "232", "activeDate" : "2014-09-22", "sequenceNo" : 75, "repealedDate" : null, "fromSection" : "232", "toSection" : "232", "text" : " * § 232. Powers and duties. The commissioner shall, in consultation\\nwith the commissioners of education, correctional services, mental\\nhealth, mental retardation and developmental disabilities and the\\npresident of the civil service commission, have the following powers and\\nduties:\\n 1. To recruit and select health corps professionals for service in\\neligible institutions and facilities;\\n 2. To place health corps professionals in eligible institutions and\\nfacilities pursuant to agreements with the appropriate eligible\\ninstitutions and facilities;\\n 3. To select recipients of scholarships and fellowships authorized\\npursuant to section two hundred thirty-three of this title;\\n 4. To develop criteria for the selection of students eligible for\\nhealth corps scholarships or fellowships under the provisions of section\\ntwo hundred thirty-three of this title, including, but not limited to,\\nthe student's academic achievement, previous work experience in their\\nchosen health profession and a demonstrated interest in working with\\ninstitutionalized populations or with persons infected with the human\\nimmunodeficiency virus (HIV) or who have acquired immunodeficiency\\nsyndrome (AIDS) or in a health care setting eligible pursuant to this\\ntitle;\\n 5. To accept and expend any grants, awards or other funds or\\nappropriations as may be available to effectuate the purposes of this\\ntitle subject to the limitations as to the approval of expenditures and\\naudit as prescribed for state funds by the state finance law; and\\n 6. To do any and all things necessary to carry out its functions,\\npowers and duties and to effectuate the purposes of this title.\\n * NB Expired July 18, 1996\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "233", "title" : "New York state health service corps scholarship and fellowship program", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "233", "activeDate" : "2014-09-22", "sequenceNo" : 76, "repealedDate" : null, "fromSection" : "233", "toSection" : "233", "text" : " * § 233. New York state health service corps scholarship and\\nfellowship program. 1. (a) New York state health service corps\\nscholarships and fellowships for health corps professionals shall be\\nawarded, within amounts appropriated, on a competitive basis, as\\ndetermined by the commissioner, to students who: (i) are or will be\\nenrolled in a program of undergraduate or graduate study to become a\\nhealth care professional eligible to participate in the health service\\ncorps; and\\n (ii) agree to serve in eligible institutions or facilities upon\\nsatisfactory completion of their studies and upon satisfaction of\\napplicable licensing and certification requirements; and\\n (iii) meet such other requirements as the commissioner, in\\nconsultation with the commissioners of education, correctional services,\\nmental health, mental retardation and developmental disabilities, the\\ncommission for the blind and visually handicapped and the president of\\nthe civil service commission, may establish.\\n (b) In selecting students to be awarded such scholarships or\\nfellowships, preference shall be given to students in the following\\norder: (i) New York state residents who attend or plan to attend a\\nprogram of undergraduate or graduate study located in New York state;\\n(ii) New York state residents who attend or plan to attend a program of\\nundergraduate or graduate study located out-of-state; and (iii) persons\\nwho are not residents of New York state who attend or plan to attend a\\nprogram of undergraduate or graduate study located in New York state.\\n (c) The commissioner shall, pursuant to agreement with the appropriate\\nagency, allocate, to the extent possible, the placement of award\\nrecipients to each catchment area or region, as defined by such agency,\\nin which an eligible institution or facility is located.\\n 2. Within such time as the commissioner shall by regulation provide, a\\nrecipient of an award shall have practiced as a health corps\\nprofessional in an eligible institution or facility for that number of\\nmonths calculated by multiplying by eighteen the number of annual awards\\nreceived by the recipient. If a recipient fails to comply fully with\\nsuch conditions, the president shall be entitled to receive from such\\nrecipient an amount to be determined by the formula:\\n A = 2B(T-S)\\n t\\nIn which \"A\" is the amount the president is entitled to recover; \"B\" is\\nthe sum of all payments made to the recipient and the interest on such\\namount which would be payable if at the times such awards were paid they\\nwere loans bearing interest at the maximum prevailing rate; \"t\" is the\\ntotal number of months in the recipient's period of obligated services;\\nand \"s\" is the number of months of service actually rendered by the\\nrecipient. Any amount which the president is entitled to recover under\\nthis subdivision shall be paid within the five-year period beginning on\\nthe date that the recipient failed to comply with this condition. Any\\nobligation to comply with such provisions shall be cancelled upon the\\ndeath of the recipient. The commissioner of health shall promulgate\\nregulations to provide for the waiver or suspension of any financial\\nobligation when compliance would involve extreme hardship.\\n 3. A recipient of an award shall report semi-annually to the\\npresident, on forms prescribed by him, as to the performance of the\\nrequired services or the recipient's current status, commencing with the\\ncalendar year of the first award and continuing until the recipient\\nshall have completed, or until it is determined he or she shall not be\\nobligated to complete, the required services. The president may also\\nrequire the recipient to file a report on his or her current status\\nprior to completion of professional training during any calendar year in\\nwhich an application for an additional award is not filed. The president\\nshall make available any reports required hereunder to the commissioner.\\nIf the recipient shall fail to file any report required hereunder within\\nthirty days of written notice to the recipient, mailed to the address\\nshown on the last application for an award or last report filed,\\nwhichever is later, the president may impose a fine of up to one\\nthousand dollars. The president shall have the discretion to waive the\\nfiling of a report, excuse a delay in filing, or a failure to file a\\nreport, or waive or reduce any fine imposed for good cause shown.\\n * NB Expired July 18, 1996\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 3 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A2T2-C", "title" : "Charles D Cook Office of Rural Health", "docType" : "TITLE", "publishedDates" : [ "2014-09-22", "2017-12-01" ], "docLevelId" : "2-C", "activeDate" : "2017-12-01", "sequenceNo" : 77, "repealedDate" : null, "fromSection" : "234", "toSection" : "237", "text" : " TITLE II-C\\n CHARLES D. COOK OFFICE OF RURAL HEALTH\\nSection 234. Legislative findings and intent.\\n 235. Definitions.\\n 236. Charles D. Cook office of rural health created.\\n 236-a. Study of health professional employment incentives.\\n 236-b. Rural health council.\\n 237. Preparation and distribution of reports.\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "234", "title" : "Legislative findings and intent", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "234", "activeDate" : "2014-09-22", "sequenceNo" : 78, "repealedDate" : null, "fromSection" : "234", "toSection" : "234", "text" : " § 234. Legislative findings and intent. The legislature hereby finds,\\ndetermines, and declares that:\\n 1. There is a necessity to address different approaches to rural\\nhealth care delivery in the state. These approaches need to support\\ndiverse community and individual needs including unique rural conditions\\nsuch as low population density, a large proportion of elderly,\\ngeographic isolation, inadequate transportation, absence of economies of\\nscale, as well as fluctuating and limited service demands.\\n 2. It is often difficult for small, rural health care providers to\\nobtain timely information on rural programs. Also, it is often\\nburdensome for these providers to locate the resources to apply for aid\\nfrom programs which exist to support rural health care services\\ndelivery.\\n 3. Both private and public sectors have begun to recognize the urgency\\nfor programs that address the unique nature of rural health care access\\nand service delivery. New rural health care programs have been estab-\\nlished, however, these programs are administered by several\\norganizations and municipalities. Coordination is essential to maximize\\ntheir potential impact on the rural community.\\n 4. Rural health care providers would greatly benefit if there were a\\nsingle office within the department which would coordinate the\\nadministration and flow of information on rural health programs by\\npromoting innovative and improved approaches to rural health care\\ndelivery.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "235", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2017-12-01" ], "docLevelId" : "235", "activeDate" : "2017-12-01", "sequenceNo" : 79, "repealedDate" : null, "fromSection" : "235", "toSection" : "235", "text" : " § 235. Definitions. For the purposes of this article:\\n 1. \"Rural area\" shall mean a county with a population of two hundred\\nthousand persons or less, or a town with a population density of one\\nhundred fifty persons or less per square mile.\\n 2. \"Rural health care provider\" or \"rural provider\" shall mean any\\nagency, corporation, facility, or individual providing medical and/or\\nhealth care services to residents of a rural area.\\n 3. \"Office\" shall mean the Charles D. Cook office of rural health, as\\ncreated pursuant to section two hundred thirty-six of this article.\\n 4. \"Rural health council\" shall mean the rural health council\\nestablished pursuant to section two hundred thirty-six-b of this title.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "236", "title" : "Charles D", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "236", "activeDate" : "2014-09-22", "sequenceNo" : 80, "repealedDate" : null, "fromSection" : "236", "toSection" : "236", "text" : " § 236. Charles D. Cook office of rural health created. There is\\nhereby created the Charles D. Cook office of rural health within the\\nstate department of health. Such office shall:\\n 1. Integrate and coordinate selected state health care grant and loan\\nprograms established specifically for rural health care providers and\\nresidents. As part of this function, the office shall develop a\\ncoordinated application process for use by rural providers,\\nmunicipalities and others in seeking funds and/or technical assistance\\non pertinent rural health care programs and services. The office shall\\nalso work to promote the usage of the Rural Assistance Information\\nNetwork (RAIN) to assist rural providers and others in obtaining\\ninformation on funding and/or technical assistance for rural health care\\nprograms and services.\\n 2. Apply for grants, and accept gifts from private and public sources\\nfor research to improve and enhance rural health care services and\\nfacilities. The office shall also promote rural health research in\\nuniversities and colleges.\\n 3. Together with the rural health council, serve as liaison and\\nadvocate for the department on rural health matters. This function shall\\ninclude the provision of staff support to the rural health council and\\nthe establishment of appropriate program linkages with related federal,\\nstate, and local agencies and programs such as the office of rural\\naffairs, the agricultural extension service and migrant health services.\\n 4. Assist medical schools and state agencies to develop comprehensive\\nprograms to improve rural health personnel supply by promoting rural\\nclinical training and curriculum improvement, and disseminating rural\\nhealth career information to high school and college students.\\n 5. Promote community strategic planning or new or improved health care\\ndelivery systems and networks in rural areas. Strategic network planning\\nand development may include such considerations as personnel, capital\\nfacilities, reimbursement, primary care, long term care, acute care,\\nrehabilitative, preventive, and related services on the health\\ncontinuum.\\n 6. Review the impact of programs, regulations, and health care\\nreimbursement policies on rural services delivery and access.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "236-A", "title" : "Study of health professional employment incentives", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "236-A", "activeDate" : "2014-09-22", "sequenceNo" : 81, "repealedDate" : null, "fromSection" : "236-A", "toSection" : "236-A", "text" : " § 236-a. Study of health professional employment incentives. 1. The\\nlegislature hereby finds and declares that:\\n a. Some parts of rural New York are suffering from physician and nurse\\npractitioner shortages forcing residents to forego proper care or travel\\nlong distances to receive health care. Rural areas have particular\\ncharacteristics such as low population density, inadequate\\ntransportation, increasing elderly population, and a lack of economies\\nof scale. These issues make recruiting and retaining physicians and\\nnurse practitioners in rural areas more challenging than in suburban and\\nurban settings.\\n b. Therefore it is incumbent upon the state to provide incentives and\\nassistance to physicians and nurse practitioners willing to practice in\\nthese shortage areas.\\n 2. The Charles D. Cook office of rural health, in consultation with\\nthe rural health council, is hereby authorized and directed to conduct a\\nstudy to analyze incentive options to encourage physicians and nurse\\npractitioners to practice in rural, underserved areas. The report shall\\ncontain, but not be limited to, evaluations of the following incentive\\noptions: high needs service bonuses, signing bonuses, tax credits, small\\nbusiness assistance for beginning practices, programs designed to\\nrecruit high school students, and rural medical education tracks in\\nmedical schools. The report shall contain an analysis of current state\\nlevel loan repayment programs and their effectiveness and may consider\\nany similar local programs. The report shall also provide information on\\nfederal programs and their impact on New York state rural physician and\\nnurse practitioner recruitment. The study shall make recommendations as\\nto which incentives are the most effective in recruitment and retention\\nof such health professionals.\\n 3. The director of the Charles D. Cook office of rural health is\\nhereby directed to prepare and present to the legislature, on or before\\nMarch first of the year next succeeding the effective date of this\\nsection, a report containing a summary of its findings and\\nrecommendations.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "236-B", "title" : "Rural health council", "docType" : "SECTION", "publishedDates" : [ "2017-12-01", "2018-04-27" ], "docLevelId" : "236-B", "activeDate" : "2018-04-27", "sequenceNo" : 82, "repealedDate" : null, "fromSection" : "236-B", "toSection" : "236-B", "text" : " § 236-b. Rural health council. 1. There shall be established within\\nthe office a rural health council to be composed of twenty-one members\\nwho shall be appointed by the governor, with ten of these members\\nappointed as follows:\\n a. four members upon the recommendation of the temporary president of\\nthe senate;\\n b. one member upon the recommendation of the minority leader of the\\nsenate;\\n c. four members upon the recommendation of the speaker of the\\nassembly; and\\n d. one member upon the recommendation of the minority leader of the\\nassembly.\\n Vacancies in the membership of such council shall be filled by the\\nappropriate appointing authority. The governor shall select a\\nchairperson from among the members of the council. The members of the\\ncouncil shall be reflective of the state's rural areas, as defined in\\nsubdivision seven of section four hundred eighty-one of the executive\\nlaw, and shall include representatives of health care providers that\\ncomprise the health care delivery system in the state's rural areas,\\nindividuals with expertise in clinical and administrative aspects of\\nhealth care delivery, health care financing and reimbursement, health\\ncare regulation, public health, health planning, health workforce\\neducation, and behavioral health.\\n 2. The rural health council shall be responsible for advising the\\ncommissioner with respect to all aspects of rural health care and rural\\nhealth care delivery including, but not limited to, the impact of\\nproposed programs, statutes, regulations and health care reimbursement\\npolicies. The rural health council shall also assist the office with its\\nresponsibilities as delineated in section two hundred thirty-six of this\\ntitle; contribute to the biennial report required pursuant to section\\ntwo hundred thirty-seven of this title, and act as liaison and advocate\\non rural health matters.\\n 3. The rural health council shall recommend to the department\\ncost-effective ways to obtain timely data on the status of the health\\ncare workforce supply in rural areas. At least once every three years\\nthe rural health council shall, in conjunction with the office, submit a\\nreport to the regional economic development councils on the status of\\nthe health care workforce supply in their respective regions to the\\nextent data on the health care workforce supply is available.\\n 4. Staff support for the rural health council shall be provided for by\\nthe office as provided for in section two hundred thirty-six of this\\ntitle.\\n 5. The rural health council shall meet as frequently as its business\\nmay require, but not less than two times a year. Meetings may be called\\nby the chairperson at the request of the commissioner.\\n 6. The entirety of each meeting of the rural health council shall be\\nlive webcast to the public on the department's website, and archived on\\nthe department's website, for a period of no less than two years, within\\ntwenty-four hours of the adjournment of the last meeting. The department\\nshall provide notice to the public, via the department's website, of the\\navailability of the live webcast of each such meeting.\\n 7. The members of the rural health council shall receive no\\ncompensation for their services, but shall be allowed their actual and\\nnecessary expenses incurred in the performance of their duties\\nhereunder.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "237", "title" : "Preparation and distribution of reports", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "237", "activeDate" : "2014-09-22", "sequenceNo" : 83, "repealedDate" : null, "fromSection" : "237", "toSection" : "237", "text" : " § 237. Preparation and distribution of reports. The department shall\\nsubmit a biennial report to the governor and the legislature describing\\nthe activities of the office and health status of rural areas. The first\\nsuch report shall be transmitted on or before September first, nineteen\\nhundred ninety-three. Such report shall contain the following\\ninformation:\\n 1. Activities of the Charles D. Cook office of rural health,\\nexpenditures incurred in carrying out such activities, and anticipated\\nactivities to be undertaken in the future;\\n 2. Progress in carrying out the functions and duties listed in section\\ntwo hundred thirty-six of this article.\\n 3. An analysis of the health status of rural citizens and the status\\nof rural health delivery systems. Such analysis shall be conducted in\\ncooperation with the rural health council and other interested agencies.\\n 4. Any recommended improvements to programs and/or regulations that\\nwould enhance the cost effectiveness of the office, and programs\\nintended to meet the health care needs of rural residents.\\n 5. Notwithstanding any other provision of law to the contrary, such\\nbiennial report may also incorporate the reporting requirements for\\ncooperative programs and networks for health care delivery in\\nunderserved rural areas as required by section twenty-nine hundred\\nfifty-three of the public health law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 6 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A2T2-D", "title" : "Health Care Practitioner Referrals", "docType" : "TITLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2-D", "activeDate" : "2014-09-22", "sequenceNo" : 84, "repealedDate" : null, "fromSection" : "238", "toSection" : "238-E", "text" : " TITLE II-D\\n HEALTH CARE PRACTITIONER REFERRALS\\nSection 238. Definitions.\\n 238-a. Prohibition of financial arrangements and referrals.\\n 238-b. Provider requests for payment.\\n 238-c. Provider reporting requirements.\\n 238-d. Practitioner disclosure requirements.\\n 238-e. Study of referrals by practitioners.\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "238", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "238", "activeDate" : "2014-09-22", "sequenceNo" : 85, "repealedDate" : null, "fromSection" : "238", "toSection" : "238", "text" : " § 238. Definitions. As used in this title, the following terms shall\\nhave the following meanings, unless the context clearly requires\\notherwise:\\n 1. \"Clinical laboratory services\" shall mean the microbiological,\\nserological, chemical, hematological, biophysical, cytological or\\npathological examination of materials derived from the human body, for\\nthe purposes of obtaining information for the diagnosis, prevention, or\\ntreatment of disease or the assessment of health condition.\\n 2. \"Fair market value\" shall mean the value in arms length\\ntransactions, consistent with the general market value, and, with\\nrespect to rentals or leases, the value of rental property for general\\ncommercial purposes, not taking into account its intended use, and, in\\nthe case of a lease of space, not adjusted to reflect the additional\\nvalue the prospective lessee or lessor would attribute to the proximity\\nor convenience to the lessor where the lessor is a potential source of\\npatient referrals to the lessee.\\n 3. \"Financial relationship\" shall mean an ownership interest,\\ninvestment interest or compensation arrangement.\\n 4. \"General hospital\" shall have the same meaning as is set forth in\\nsubdivision ten of section twenty-eight hundred one of this chapter.\\n 5. \"Group practice\" shall mean a group of two or more practitioners\\norganized as a partnership, professional corporation, foundation,\\nnot-for-profit corporation, faculty practice plan or similar\\nassociation; and\\n (a) in which each practitioner who is a member of the group provides\\nsubstantially the full range of services which the practitioner\\nroutinely provides, including medical care, consultation, diagnosis or\\ntreatment, through the joint use of shared office space, facilities,\\nequipment and personnel; and\\n (b) for which substantially all of the services of the practitioners\\nwho are members of the group are provided through the group and are\\nbilled in the name of the group and amounts so received are treated as\\nreceipts of the group; and\\n (c) in which the overhead expenses of the income from the practice are\\ndistributed in accordance with methods previously determined by members\\nof the group; and\\n (d) provided, however, in the case of a faculty practice plan\\nassociated with a hospital with an approved residency training program\\nin which practitioner members may provide a variety of different\\nspecialty services and provide professional services both within and\\noutside the group, as well as perform other tasks such as research, the\\nprovisions of paragraphs (a), (b) and (c) of this subdivision shall be\\napplied only with respect to the services provided within the faculty\\npractice plan.\\n 6. \"Health care provider\" shall mean a practitioner in an individual\\npractice, group practice, partnership, professional corporation or other\\nauthorized form of association, a hospital or other health care\\ninstitution issued an operating certificate pursuant to this chapter or\\nthe mental hygiene law, a certified home health agency or a licensed\\nhome care services agency, and any other purveyor of health or health\\nrelated items or services including but not limited to a clinical\\nlaboratory, a physiological laboratory, a pharmacy, a purveyor of x-ray\\nor imaging services, a purveyor of physical therapy services, a purveyor\\nof health or health related supplies, appliances or equipment, or an\\nambulance service.\\n 7. \"Health or health related items or services\" shall include, but not\\nbe limited to, items and services available under the medical assistance\\nprogram pursuant to title eleven of article five of the social services\\nlaw.\\n 8. \"Immediate family member\" shall include spouse; birth and adoptive\\nparents, children and siblings; stepparents, stepchildren and\\nstepsiblings; fathers-in-law, mothers-in-law, brothers-in-law,\\nsisters-in-law, sons-in-law and daughters-in-law; and grandparents and\\ngrandchildren.\\n 9. \"Interested investor\" shall mean, with respect to a health care\\nprovider, an investor who is a practitioner in a position to make or to\\ninfluence referrals or business to the health care provider, or who is\\nan immediate family member of such an investor.\\n 10. \"Investor\" shall mean, with respect to a health care provider, a\\nperson with a financial relationship with the health care provider,\\nsubject to the exceptions provided in paragraph (b) of subdivision\\nthree, subdivision four and paragraph (b) of subdivision five of section\\ntwo hundred thirty-eight-a of this title.\\n 11. \"Practitioner\" shall mean a licensed or registered physician,\\ndentist, podiatrist, chiropractor, nurse, midwife, physician assistant\\nor specialist assistant, physical therapist, or optometrist.\\n 12. \"Rural\" shall mean (i) a county with a population of two hundred\\nthousand persons or less, or a town with a population density of one\\nhundred fifty persons or less per square mile; and (ii) other rural\\nareas pursuant to standards promulgated in regulation by the\\ncommissioner.\\n 13. \"X-ray or imaging services\" shall mean diagnostic imaging\\ntechniques which shall include but not be limited to the following:\\n (a) Conventional x-ray or radiology.\\n (b) Fluoroscopy.\\n (c) Digital radiography.\\n (d) Computed tomography.\\n (e) Magnetic resonance imaging.\\n (f) Nuclear imaging.\\n (g) Ultrasonography.\\n (h) Angiography.\\n 14. \"Pharmacy services\" shall mean the preparing, compounding,\\npreserving or, the dispensing of drugs, medicines and therapeutic\\ndevices on the basis of prescriptions or other legal authority.\\n 15. \"Radiation therapy services\" shall mean the use of high energy\\nx-rays, particles, or radiation materials for the treatment of cancer\\nand other diseases.\\n 16. \"Physical therapy services\" means physical therapy as defined by\\nsection sixty-seven hundred thirty-one of the education law.\\n 17. \"Public health council\" shall mean the public health and health\\nplanning council.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "238-A", "title" : "Prohibition of financial arrangements and referrals", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "238-A", "activeDate" : "2014-09-22", "sequenceNo" : 86, "repealedDate" : null, "fromSection" : "238-A", "toSection" : "238-A", "text" : " § 238-a. Prohibition of financial arrangements and referrals. 1. (a)\\nA practitioner authorized to order clinical laboratory services,\\npharmacy services, radiation therapy services, physical therapy services\\nor x-ray or imaging services may not make a referral for such services\\nto a health care provider authorized to provide such services where such\\npractitioner or immediate family member of such practitioner has a\\nfinancial relationship with such health care provider.\\n (b) A health care provider or a referring practitioner may not present\\nor cause to be presented to any individual or third party payor or other\\nentity a claim, bill, or other demand for payment for clinical\\nlaboratory services, pharmacy services, radiation therapy services,\\nphysical therapy services or x-ray or imaging services furnished\\npursuant to a referral prohibited by this subdivision.\\n 2. Subdivision one of this section shall not apply in any of the\\nfollowing cases:\\n (a) practitioners' services - in the case of practitioners' services\\nprovided personally by, or under the supervision of, another\\npractitioner in the same group practice as the referring practitioner;\\n (b) in-office ancillary services - in the case of health or health\\nrelated items or services (i) that are furnished personally by the\\nreferring practitioner, personally by a practitioner who is a member of\\nthe same group practice as the referring practitioner, or personally by\\nindividuals who are employed by such practitioner or group practice and\\nwho are supervised by the practitioner or by another practitioner in the\\ngroup practice; and in a building in which the referring practitioner,\\nor another practitioner who is a member of the same group practice,\\nfurnishes practitioners' services unrelated to the furnishing of such\\nitems or services, or in the case of a referring practitioner who is a\\nmember of a group practice, in another building which is used by the\\ngroup practice for the centralized provision of such items or services\\nof the group; and (ii) that are billed by the practitioner performing or\\nsupervising the services, by a group practice of which such practitioner\\nis a member, or by an entity that is wholly owned by such practitioner\\nor such group practice;\\n (c) in the case of health or health related items or services\\nfurnished to subscribers of a health maintenance organization operating\\npursuant to article forty-three of the insurance law or article\\nforty-four of this chapter, participants in a managed care program\\noperating pursuant to section three hundred sixty-four-j of the social\\nservices law or persons enrolled in a prepaid health services plan\\nauthorized by law;\\n (d) in the case of a referral for inpatient hospital services,\\nincluding services by hospital staff practitioners provided in the\\nhospital;\\n (e) in the case of a referral of a hospital inpatient, outpatient or\\nemergency services patient for clinical laboratory services, pharmacy\\nservices, radiation therapy services, physical therapy services or x-ray\\nor imaging services provided by the hospital, including services by\\nhospital staff practitioners provided in the hospital;\\n (f) in the case of a financial relationship with a general hospital if\\nthe financial relationship does not relate specifically to the provision\\nof clinical laboratory services, pharmacy services, radiation therapy\\nservices, physical therapy services or x-ray or imaging services for\\nwhich the referral was made; and\\n (g) in the case of any other financial relationship which the public\\nhealth council determines and specifies in regulations, subject to\\napproval by the commissioner, does not pose a substantial risk of payor\\nor patient abuse in relation to patient benefits consistent, to the\\nextent practicable, with financial relationships specified in\\nregulations adopted pursuant to federal law applicable to reimbursement\\npursuant to title XVIII of the federal social security act (medicare)\\nfor clinical laboratory services provided to beneficiaries of title\\nXVIII of the federal social security act (medicare).\\n 3. For the purposes of this section, an ownership interest or an\\ninvestment interest:\\n (a) may be through equity, debt or other means; but\\n (b) shall not include ownership of investment securities, including\\nshares or bonds, debentures, notes or other debt instruments, which were\\npurchased on terms generally available to the public and which are in a\\ncorporation that is listed for trading on the New York stock exchange or\\non the American stock exchange, or is a national market system security\\ntraded under an automated interdealer quotation system operated by the\\nnational association of securities dealers, and had, at the end of the\\ncorporation's most recent fiscal year, total assets exceeding one\\nhundred million dollars or to the extent such ownership would be\\npermitted by federal law or regulation if the services rendered were\\nclinical laboratory services provided to beneficiaries of title XVIII of\\nthe federal social security act (medicare).\\n 4. An ownership interest or an investment interest shall not be\\nsubject to subdivision one of this section if:\\n (a) the health care provider authorized to provide clinical laboratory\\nservices, pharmacy services, radiation therapy services, physical\\ntherapy services or x-ray or imaging services is in a rural area and the\\nreferring practitioner or the patient is in such rural area; or\\n (b) the clinical laboratory services, pharmacy services, radiation\\ntherapy services, physical therapy services or x-ray or imaging services\\nare provided by a general hospital, the referring practitioner is\\nauthorized to perform services at such general hospital and the\\nownership or investment interest is in the general hospital itself and\\nnot merely in a subdivision thereof; or\\n (c) the clinical laboratory services, pharmacy services, radiation\\ntherapy services, physical therapy services or x-ray or imaging services\\nare provided by an ambulatory surgical center issued an operating\\ncertificate pursuant to article twenty-eight of this chapter in\\nconjunction with a surgical procedure performed by the referring\\npractitioner at the ambulatory surgical center;\\n (d) and if each practitioner who is an interested investor in a health\\ncare provider within a category specified in paragraph (a), (b) or (c)\\nof this subdivision and who makes a referral of a patient to such health\\ncare provider discloses to the patient, in a brief and reasonable form\\nand manner specified in regulations proposed by the commissioner after\\nconsultation with representatives of consumer and physician\\norganizations and adopted by the public health council, subject to\\napproval by the commissioner, the practitioner's, or family member's\\nownership interest or investment interest in the health care provider\\nand the patient's right to utilize a specifically identified alternative\\nhealth care provider if any such alternative is reasonably available.\\n 5. (a) For the purposes of this section, a compensation arrangement\\nmeans any arrangement involving any remuneration between a practitioner,\\nor immediate family member, and a health care provider. The term\\nremuneration includes any remuneration, directly or indirectly, overtly\\nor covertly, in cash or in kind.\\n (b) For the purposes of this section a compensation arrangement shall\\nnot include:\\n (i) payments made for the rental or lease of office space, if (A)\\nthere is a written agreement, signed by the parties, for the rental or\\nlease of the space, which agreement specifies the space covered by the\\nagreement and dedicated for the use of the lessee, provides for a term\\nof rental or lease of at least one year, provides for a payment on a\\nperiodic basis of an amount that is consistent with fair market value,\\nprovides for an amount of aggregate payments that does not vary,\\ndirectly or indirectly, based on the volume or value of any referrals of\\nbusiness between the parties, and would be considered to be commercially\\nreasonable even if no referrals were made between the parties; or (B) in\\nthe case of rental or lease of office space in which a practitioner who\\nis an interested investor, or an interested investor who is an immediate\\nfamily member of the practitioner, has an ownership or investment\\ninterest, the office space is in the same building as the building in\\nwhich the practitioner or group practice of which the practitioner is a\\nmember has a practice;\\n (ii) an arrangement between a general hospital and a practitioner, or\\nimmediate family member, for the employment of the practitioner, or\\nimmediate family member, or for the provision of administrative\\nservices, if the arrangement is for identifiable services, the amount of\\nremuneration under the arrangement is consistent with the fair market\\nvalue of the services, the remuneration is not determined in a manner\\nthat takes into account, directly or indirectly, the volume or value of\\nany referrals by the referring practitioner and such remuneration is\\nprovided pursuant to an agreement which would be commercially reasonable\\neven if no referrals were made to the general hospital;\\n (iii) an arrangement between a health care provider other than a\\ngeneral hospital and a practitioner if (A) the arrangement is for\\nspecific identifiable services as the medical director or as a member of\\na medical advisory board at the provider, for specific identifiable\\npractitioner services to be furnished to an individual receiving hospice\\ncare payable as hospice care, for specific practitioners' services\\nfurnished to a non-profit blood center, or for specific identifiable\\nadministrative services, other than direct patient care services, but\\nonly under exceptional circumstances; and (B) the amount of remuneration\\nunder the arrangement is consistent with the fair market value of the\\nservices, the remuneration is not determined in a manner that takes into\\naccount, directly or indirectly, the volume or value of any referrals by\\nthe referring practitioner and such remuneration is provided pursuant to\\nan agreement which would be commercially reasonable even if no referrals\\nwere made;\\n (iv) remuneration which is provided by a general hospital to a\\npractitioner to induce the practitioner to relocate to the geographic\\narea served by the general hospital in order to be a member of the\\nmedical staff of the general hospital if the practitioner is not\\nrequired to refer patients to the hospital and the amount of the\\nremuneration under the arrangement is not determined in a manner that\\ntakes into account directly or indirectly the volume or value of any\\nreferrals by the referring practitioner;\\n (v) an isolated financial transaction, such as a one-time sale of\\nproperty, if the amount of remuneration under the arrangement is\\nconsistent with the fair market value, the remuneration is not\\ndetermined in a manner that takes into account, directly or indirectly,\\nthe volume or value of any referrals by the referring practitioner and\\nsuch remuneration is provided pursuant to an agreement which would be\\ncommercially reasonable even if no referrals were made;\\n (vi) a compensation arrangement involving payment by a group practice\\nof the salary of a practitioner member of the group practice;\\n (vii) and provided that any arrangement specified in subparagraphs (i)\\nthrough (vi) of this paragraph meets such other requirements as the\\npublic health council may impose by regulation, subject to approval by\\nthe commissioner, as needed to protect against payor or patient abuse\\nconsistent with requirements imposed by regulations adopted pursuant to\\nfederal law applicable to reimbursement pursuant to title XVIII of the\\nfederal social security act (medicare) for clinical laboratory services\\nprovided to beneficiaries of title XVIII of the federal social security\\nact (medicare);\\n (viii) an arrangement between a health care provider and an immediate\\nfamily member of a practitioner for the employment of the immediate\\nfamily member which the commissioner determines on application by the\\nparties does not pose a substantial risk of payor or patient abuse in\\nrelation to patient benefits subject to such requirements as the\\ncommissioner shall determine necessary to protect the public interest,\\nand which for a clinical laboratory that provides services to\\nbeneficiaries to title XVIII of the federal social security act\\n(medicare) qualifies for an exception from the prohibitions on such\\ncompensation arrangements for purposes of reimbursement of clinical\\nlaboratory services pursuant to title XVIII of the federal social\\nsecurity act (medicare). Such application shall be in a form and content\\nspecified by the commissioner after consultation with representatives of\\nconsumer and physician organizations. The commissioner shall make such\\ndetermination within sixty days of receipt of a complete application.\\n 6. For the purposes of this title:\\n (a) in the case of clinical laboratory services, pharmacy services,\\nradiation therapy services, physical therapy services or x-ray or\\nimaging services, the request by a practitioner for such services,\\nincluding the request by a practitioner for a consultation with another\\npractitioner, and any test or procedure ordered by, or to be performed\\nby or under the supervision of that other practitioner, shall constitute\\na referral by a referring practitioner; and\\n (b) in the case of clinical laboratory services, pharmacy services,\\nradiation therapy services, physical therapy services or x-ray or\\nimaging services, the request or establishment of a plan of care by a\\npractitioner which includes the provision of clinical laboratory\\nservices, pharmacy services, radiation therapy services, physical\\ntherapy services or x-ray or imaging services shall constitute a\\nreferral by a referring practitioner;\\n (c) provided further, however, that the following shall not constitute\\na referral by a referring practitioner:\\n (i) a request by a practitioner for practitioners' services consisting\\nsolely of professional services to be furnished personally by that\\npractitioner, or under that practitioner's supervision;\\n (ii) a request by a pathologist for clinical diagnostic laboratory\\ntests and pathological examination services, if such services are\\nfurnished by or under the supervision of such pathologist pursuant to a\\nconsultation requested by another practitioner; and\\n (iii) a request by a radiologist for diagnostic x-ray or imaging\\nservices, if such services are furnished by or under the supervision of\\nsuch radiologist pursuant to a consultation requested by another\\npractitioner.\\n 7. If a referring practitioner or a health care provider furnishing\\nclinical laboratory services, pharmacy services, radiation therapy\\nservices, physical therapy services or x-ray or imaging services or any\\nother person or entity collects any amounts that were billed in\\nviolation of this section, such referring practitioner and health care\\nprovider and other person or entity shall be jointly and severally\\nliable to the payor for any amounts so collected.\\n 8. Each health care provider furnishing clinical laboratory services,\\npharmacy services, radiation therapy services, physical therapy services\\nor x-ray or imaging services shall submit such information as reasonably\\nmay be required by the department for purposes of this title.\\n 9. Subdivision one of this section shall apply to an arrangement or\\nscheme, such as a cross-referral arrangement, which the practitioner or\\nhealth care provider knows or should know has a principal purpose of\\nassuring referrals by the practitioner for clinical laboratory services,\\npharmacy services, radiation therapy services, physical therapy services\\nor x-ray or imaging services to a particular health care provider which,\\nif the practitioner directly made referrals to such health care\\nprovider, would be in violation of subdivision one of this section.\\n 10. The public health council shall adopt rules and regulations,\\nsubject to approval by the commissioner, necessary to effectuate the\\nprovisions and purposes of this title.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "238-B", "title" : "Provider requests for payment", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "238-B", "activeDate" : "2014-09-22", "sequenceNo" : 87, "repealedDate" : null, "fromSection" : "238-B", "toSection" : "238-B", "text" : " § 238-b. Provider requests for payment. Each request for payment or\\nbill submitted by a health care provider for clinical laboratory,\\npharmacy services, radiation therapy services, physical therapy services\\nor x-ray or imaging services for which the provider knows or has reason\\nto believe that there has been a referral by a referring practitioner\\nwho is an interested investor in the health care provider shall identify\\nthe referring practitioner by name and by professional license number or\\nany appropriate program provider number. The provisions of this section\\nshall not apply to requests for payment or bills the content of which\\nare regulated solely by federal law or regulation and to services\\nexcluded pursuant to paragraph (a), (b), (c), (d) or (e) of subdivision\\ntwo of section two hundred thirty-eight-a of this title from the\\nprohibitions of subdivision one of section two hundred thirty-eight-a of\\nthis title.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "238-C", "title" : "Provider reporting requirements", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "238-C", "activeDate" : "2014-09-22", "sequenceNo" : 88, "repealedDate" : null, "fromSection" : "238-C", "toSection" : "238-C", "text" : " § 238-c. Provider reporting requirements. Each health care provider\\nproviding clinical laboratory, pharmacy services, radiation therapy\\nservices, physical therapy services or x-ray or imaging services shall\\nreport to the commissioner in writing every two years information\\nconcerning the provider's ownership arrangements, including the health\\nor health related items or services provided by the provider and the\\nnames and professional license numbers or any appropriate program\\nprovider numbers of practitioners with an ownership or investment\\ninterest in the provider, or whose immediate relatives have such an\\nownership or investment. The information required to be reported to the\\ncommissioner pursuant to this section to the extent practicable shall be\\nconsistent with the information required pursuant to federal law and\\nregulations to be reported to the secretary of health and human services\\nfor health care providers providing items or services to beneficiaries\\nof title XVIII of the federal social security act (medicare). The\\ncommissioner shall consult with the commissioner of social services to\\navoid duplication of reporting requirements for health care providers\\nthat participate in the medical assistance program pursuant to title\\neleven of article five of the social services law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "238-D", "title" : "Practitioner disclosure requirements", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "238-D", "activeDate" : "2014-09-22", "sequenceNo" : 89, "repealedDate" : null, "fromSection" : "238-D", "toSection" : "238-D", "text" : " § 238-d. Practitioner disclosure requirements. 1. With respect to\\nreferrals not prohibited pursuant to this title, and except as provided\\nin subdivision three of this section, a practitioner may not make a\\nreferral to a health care provider for the furnishing of any health or\\nhealth related items or services where such practitioner or immediate\\nfamily member of such practitioner has any of the following financial\\nrelationships without disclosing to the patient such financial\\nrelationship:\\n (a) an ownership or investment interest, as defined in subdivision\\nthree of section two hundred thirty-eight-a of this title, with such\\nhealth care provider; or\\n (b) a compensation arrangement, as defined in subdivision five of\\nsection two hundred thirty-eight-a of this title, with such health care\\nprovider which is in excess of fair market value or which provides for\\ncompensation that varies directly or indirectly based on the volume or\\nvalue of any referrals of business between the parties.\\n 2. The disclosure shall provide notice of any such financial\\nrelationship and shall also inform the patient of his or her right to\\nutilize a specifically identified alternative health care provider if\\nany such alternative is reasonably available, and shall be provided in a\\nbrief and reasonable form and manner specified in regulations proposed\\nby the commissioner in consultation with consumer and physician\\norganizations and adopted by the public health council, subject to\\napproval by the commissioner.\\n 3. Disclosure pursuant to this section shall not be required for a\\nreferral for the furnishing of any health or health related items or\\nservices under circumstances for which a referral of clinical laboratory\\nservices, pharmacy services, radiation therapy services, physical\\ntherapy services or x-ray or imaging services would not be prohibited\\npursuant to section two hundred thirty-eight-a of this title, provided\\nthat any disclosure required by section two hundred thirty-eight-a of\\nthis title remains applicable.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "238-E", "title" : "Study of referrals by practitioners", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "238-E", "activeDate" : "2014-09-22", "sequenceNo" : 90, "repealedDate" : null, "fromSection" : "238-E", "toSection" : "238-E", "text" : " § 238-e. Study of referrals by practitioners. 1. The commissioner may\\nconduct a study of the ownership of or financial interests in health\\ncare providers by referring practitioners. Such study shall investigate:\\n(a) the types of such ownership arrangements and types of services\\noffered under such arrangements; (b) the effect of such arrangements on\\nthe utilization of health or health related items and services; and (c)\\nthe effect of such arrangements on independent providers of similar\\nservices.\\n 2. For the purposes of the study authorized by this section, the\\ncommissioner is authorized to request and any health care provider or\\npractitioner shall provide, such information regarding those matters\\nwhich the commissioner is authorized to study pursuant to subdivision\\none of this section in such form as may be prescribed by the\\ncommissioner.\\n 3. Patient and practitioner identifying information collected pursuant\\nto this section shall be confidential and not subject to disclosure.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 6 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A2T2-E", "title" : "Hiv/hbv/hcv Prevention Training", "docType" : "TITLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2-E", "activeDate" : "2014-09-22", "sequenceNo" : 91, "repealedDate" : null, "fromSection" : "239", "toSection" : "239-B", "text" : " TITLE II-E\\n HIV/HBV/HCV PREVENTION TRAINING\\nSection 239. Course work or training in infection control practices.\\n 239-a. Infection control guidelines.\\n 239-b. Study on multidose vials and disposable medical\\n equipment.\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "239", "title" : "Course work or training in infection control practices", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2017-10-27", "2018-04-27", "2018-07-13" ], "docLevelId" : "239", "activeDate" : "2018-07-13", "sequenceNo" : 92, "repealedDate" : null, "fromSection" : "239", "toSection" : "239", "text" : " § 239. Course work or training in infection control practices. (a)\\nEvery physician, physician assistant and specialist assistant practicing\\nin the state shall, on or before July first, nineteen hundred\\nninety-four and every four years thereafter, complete course work or\\ntraining, appropriate to the professional's practice, approved by the\\ndepartment regarding infection control, which shall include sepsis, and\\nbarrier precautions, including engineering and work practice controls,\\nin accordance with regulatory standards promulgated by the department in\\nconsultation with the department of education, to prevent the\\ntransmission of HIV, HBV, HCV and infections that could lead to sepsis\\nin the course of professional practice. Such coursework or training must\\nalso be completed by every medical student, medical resident and\\nphysician assistant student in the state as part of the orientation\\nprograms conducted by medical schools, medical residency programs and\\nphysician assistant programs.\\n (b) Every physician, physician assistant, specialist assistant,\\nmedical student, medical resident and physician assistant student must\\nprovide to the department documentation demonstrating the completion of\\nand competence in the coursework or training required under subdivision\\n(a) of this section, provided however, that physicians subject to the\\nprovisions of paragraph (f) of subdivision one of section twenty-eight\\nhundred five-k of this chapter shall not be required to provide such\\ndocumentation to the department.\\n (c) The department shall provide an exemption from the requirements\\nimposed by subdivision (a) of this section to anyone who requests such\\nan exemption and who (i) clearly demonstrates to the department's\\nsatisfaction that there would be no need for him or her to complete such\\ncourse work or training because of the nature of his or her practice or\\n(ii) that he or she has completed course work or training deemed by the\\ndepartment to be equivalent to the standards for course work or training\\napproved by the department pursuant to this section. An individual\\ngranted an exemption must reapply to continue such exemption every four\\nyears.\\n (d) The department shall consult with organizations representative of\\nprofessions, institutions and those with expertise in infection control\\nand HIV, HBV, and HCV with respect to the regulatory standards\\npromulgated pursuant to this section. On or before September first, two\\nthousand eight, and periodically thereafter as determined necessary by\\nthe commissioner, the department, including its patient safety center,\\nin consultation with the council on graduate medical education, shall\\nreview and revise the content of the coursework or training in infection\\ncontrol practices as necessary to ensure that such content: (i) reflects\\nthe current infection control practices and standards accepted and\\npromoted by the medical and scientific communities; (ii) focuses\\nparticular attention on instruction in standards of practice for which\\ncompliance is suboptimal based on the department's experience; and (iii)\\nemphasizes the application of infection control standards and practices\\nin outpatient and ambulatory settings.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "239-A", "title" : "Infection control guidelines", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "239-A", "activeDate" : "2014-09-22", "sequenceNo" : 93, "repealedDate" : null, "fromSection" : "239-A", "toSection" : "239-A", "text" : " § 239-a. Infection control guidelines. The commissioner shall develop\\nevidence-based guidelines that identify key infection control practices\\nin inpatient and outpatient medical care settings. Such guidelines shall\\nspecifically cover safe injection practices. On or before January first,\\ntwo thousand nine, and every year thereafter, the department will\\ndistribute these guidelines to physicians, specialist assistants and\\nphysician assistants. Such guidelines shall also be made publicly\\navailable.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "239-B", "title" : "Study on multidose vials and disposable medical equipment", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "239-B", "activeDate" : "2014-09-22", "sequenceNo" : 94, "repealedDate" : null, "fromSection" : "239-B", "toSection" : "239-B", "text" : " § 239-b. Study on multidose vials and disposable medical equipment.\\nThe department shall conduct a study on medications packaged in\\nmultidose vials and disposable medical equipment, including but not\\nlimited to syringes, needles, stopcocks and tubing. Such study shall\\nexamine:\\n 1. existing utilization patterns of multidose vials and disposable\\nmedical equipment;\\n 2. the potential to improve infection control practices by restricting\\nthe use of multidose vials and mandating the use of disposable medical\\nequipment engineered for single use; and\\n 3. the viability of restricting the use of multidose vials and\\nmandating the use of disposable medical equipment engineered for single\\nuse. On or before January first, two thousand nine, the commissioner\\nshall provide the governor, the speaker of the assembly, the temporary\\npresident of the senate, and the chairpersons of the assembly and senate\\nhealth committees with a report setting forth the conclusions of the\\nstudy and the commissioner's recommendations regarding multidose vials\\nand disposable medical equipment.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 3 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A2T2-F", "title" : "Office of Minority Health", "docType" : "TITLE", "publishedDates" : [ "2014-09-22", "2022-07-01", "2022-08-19", "2023-03-10" ], "docLevelId" : "2-F", "activeDate" : "2014-09-22", "sequenceNo" : 95, "repealedDate" : null, "fromSection" : "240*2", "toSection" : "243*2", "text" : " TITLE II-F\\n OFFICE OF MINORITY HEALTH\\nSection 240*2. Definitions.\\n 241*2. Office of minority health created.\\n 242*2. Preparation and distribution of reports.\\n 243*2. Minority health council.\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "240*2", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2022-08-19", "2022-09-02" ], "docLevelId" : "240*2", "activeDate" : "2014-09-22", "sequenceNo" : 96, "repealedDate" : null, "fromSection" : "240*2", "toSection" : "240*2", "text" : " * § 240. Definitions. For the purposes of this article:\\n 1. \"Minority area\" shall mean a county with a non-white population of\\nforty percent or more, or the service area of an agency, corporation,\\nfacility or individual providing medical and/or health services whose\\nnon-white population is forty percent or more.\\n 2. \"Minority health care provider\" or \"minority provider\" shall mean\\nany agency, corporation, facility, or individual providing medical\\nand/or health care services to residents of a minority area.\\n 3. \"Office\" shall mean the office of minority health, as created\\npursuant to section two hundred thirty-eight-a of this article.\\n 4. \"Minority health council\" shall mean that advisory body to the\\ncommissioner, created pursuant to the provisions of section two hundred\\nthirty-eight-c of this article.\\n * NB There are 2 § 240's\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "241*2", "title" : "Office of minority health created", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2022-08-19" ], "docLevelId" : "241*2", "activeDate" : "2014-09-22", "sequenceNo" : 97, "repealedDate" : null, "fromSection" : "241*2", "toSection" : "241*2", "text" : " * § 241. Office of minority health created. There is hereby created an\\noffice of minority health within the state department of health. Such\\noffice shall:\\n 1. Integrate and coordinate selected state health care grant and loan\\nprograms established specifically for minority health care providers and\\nresidents. As part of this function, the office shall develop a\\ncoordinated application process for use by minority providers,\\nmunicipalities and others in seeking funds and/or technical assistance\\non pertinent minority health care programs and services.\\n 2. Apply for grants, and accept gifts from private and public sources\\nfor research to improve and enhance minority health care services and\\nfacilities. The office shall also promote minority health research in\\nuniversities and colleges.\\n 3. Together with the minority health council, serve as liaison and\\nadvocate for the department on minority health matters. This function\\nshall include the provision of staff support to the minority health\\ncouncil and the establishment of appropriate program linkages with\\nrelated federal, state, and local agencies and programs such as the\\noffice of minority health of the public health service, the agricultural\\nextension service and migrant health services.\\n 4. Assist medical schools and state agencies to develop comprehensive\\nprograms to improve minority health personnel supply by promoting\\nminority clinical training and curriculum improvement, and disseminating\\nminority health career information to high school and college students.\\n 5. Promote community strategic planning or new or improved health care\\ndelivery systems and networks in minority areas. Strategic network\\nplanning and development may include such considerations as personnel,\\ncapital facilities, reimbursement, primary care, long-term care, acute\\ncare, rehabilitative, preventive, and related services on the health\\ncontinuum.\\n 6. Review the impact of programs, regulations, and health care\\nreimbursement policies on minority health services delivery and access.\\n * NB There are 2 § 241's\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "242*2", "title" : "Preparation and distribution of reports", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2022-08-19" ], "docLevelId" : "242*2", "activeDate" : "2014-09-22", "sequenceNo" : 98, "repealedDate" : null, "fromSection" : "242*2", "toSection" : "242*2", "text" : " * § 242. Preparation and distribution of reports. The department shall\\nsubmit a biennial report to the governor and the legislature describing\\nthe activities of the office and health status of minority areas. The\\nfirst such report shall be transmitted on or before September first,\\nnineteen hundred ninety-four. Such report shall contain the following\\ninformation:\\n 1. Activities of the office of minority health, expenditures incurred\\nin carrying out such activities, and anticipated activities to be\\nundertaken in the future.\\n 2. Progress in carrying out the functions and duties listed in section\\ntwo hundred thirty-eight-a of this article.\\n 3. An analysis of the health status of minority citizens and the\\nstatus of minority health delivery systems. Such analysis shall be\\nconducted in cooperation with the minority health council and other\\ninterested agencies.\\n 4. Any recommended improvements to programs and/or regulations that\\nwould enhance the cost effectiveness of the office, and programs\\nintended to meet the health care needs of minority citizens.\\n * NB There are 2 § 242's\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "243*2", "title" : "Minority health council", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2022-08-19", "2023-12-15" ], "docLevelId" : "243*2", "activeDate" : "2014-09-22", "sequenceNo" : 99, "repealedDate" : null, "fromSection" : "243*2", "toSection" : "243*2", "text" : " * § 243. Minority health council. 1. Appointment of members. There\\nshall be established in the office of minority health a minority health\\ncouncil to consist of the commissioner and fourteen members to be\\nappointed by the governor with the advice and consent of the senate.\\nMembership on the council shall be reflective of the diversity of the\\nstate's population including, but not limited to, the various minority\\npopulations throughout the state.\\n 2. Terms of office; vacancies. a. The terms of office of members of\\nthe minority health council shall be six years. The members of the\\ncouncil shall continue in office until the expiration of their terms and\\nuntil their successors are appointed and have qualified. Such\\nappointments shall be made by the governor, with the advice and consent\\nof the senate, within one year following the expiration of such terms.\\n b. Vacancies shall be filled by appointment by the governor for the\\nunexpired terms within one year of the date upon which such vacancies\\noccur. Any vacancy existing on the effective date of paragraph c of this\\nsubdivision shall be filled by appointment within one year of such\\neffective date.\\n c. In making appointments to the council, the governor shall seek to\\nensure that membership on the council reflects the diversity of the\\nstate's population including, but not limited to the various minority\\npopulations throughout the state.\\n 3. Meetings. a. The minority health council shall meet as frequently\\nas its business may require, and at least twice in each year.\\n b. The governor shall designate one of the members of the public\\nhealth and health planning council as its chair.\\n 4. Compensation and expenses. The members of the council shall serve\\nwithout compensation other than reimbursement of actual and necessary\\nexpenses.\\n 5. Powers and duties. The minority health council shall, at the\\nrequest of the commissioner, consider any matter relating to the\\npreservation and improvement of minority health, and may advise the\\ncommissioner thereon; and it may, from time to time, submit to the\\ncommissioner, any recommendations relating to the preservation and\\nimprovement of minority health.\\n * NB There are 2 § 243's\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 4 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A2T3", "title" : "State Health Areas", "docType" : "TITLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3", "activeDate" : "2014-09-22", "sequenceNo" : 100, "repealedDate" : null, "fromSection" : "240", "toSection" : "243", "text" : " TITLE III\\n STATE HEALTH AREAS\\nSection 240. State health areas; establishment; regional and district;\\n appointment of officers.\\n 241. Regional health directors; powers and duties.\\n 242. District health officers; powers and duties.\\n 243. State health areas; professional and other employees.\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "240", "title" : "State health areas; establishment; regional and district; appointment of officers", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "240", "activeDate" : "2014-09-22", "sequenceNo" : 101, "repealedDate" : null, "fromSection" : "240", "toSection" : "240", "text" : " * § 240. State health areas; establishment; regional and district;\\nappointment of officers. 1. The commissioner shall from time to time\\ndivide the state, except cities of the first class, into as many\\nregional and district health areas as he may determine to be necessary\\nfor the efficient operation of the department.\\n 2. The commissioner shall appoint for each regional health area a\\nregional health director who shall be a physician.\\n 3. The commissioner shall appoint for each district health area a\\nstate district health officer who shall be a physician licensed or\\neligible for license to practice medicine and surgery in this state.\\n * NB There are 2 § 240's\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "241", "title" : "Regional health directors; powers and duties", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "241", "activeDate" : "2014-09-22", "sequenceNo" : 102, "repealedDate" : null, "fromSection" : "241", "toSection" : "241", "text" : " * § 241. Regional health directors; powers and duties. Each regional\\nhealth director, subject to the provisions of this chapter and the\\nsanitary code, shall act as the representative of the commissioner in\\nall matters affecting public health within his region and shall perform\\nsuch duties and exercise such powers as may be assigned to him by the\\ncommissioner.\\n * NB There are 2 § 241's\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "242", "title" : "District health officers; powers and duties", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "242", "activeDate" : "2014-09-22", "sequenceNo" : 103, "repealedDate" : null, "fromSection" : "242", "toSection" : "242", "text" : " * § 242. District health officers; powers and duties. 1. Each state\\ndistrict health officer, under the direction of the commissioner and\\nsubject to the provisions of this chapter and the sanitary code, shall\\nact under the immediate supervision of the regional health director of\\nthe regional health area in which his district is located, as the\\nrepresentative of the commissioner in all matters affecting public\\nhealth within his district, and shall perform such duties and exercise\\nsuch powers as may be assigned to him.\\n 2. Each state district health officer shall act as the representative\\nof the commissioner, and under his direction, in securing the\\nenforcement within his district of the provisions of the public health\\nlaw and the sanitary code.\\n * NB There are 2 § 242's\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "243", "title" : "State health areas; professional and other employees", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "243", "activeDate" : "2014-09-22", "sequenceNo" : 104, "repealedDate" : null, "fromSection" : "243", "toSection" : "243", "text" : " * § 243. State health areas; professional and other employees.\\nWhenever he may deem it expedient so to do, the commissioner may employ\\nsuch professional or other assistants or employees as he shall consider\\nnecessary within the limits of his appropriation, and may assign them\\nfrom time to time to regional and district health areas and in such\\nmanner as in his judgment will best aid in the control of communicable\\ndiseases and in the promotion of public health.\\n * NB There are 2 § 243's\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 4 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A2T4", "title" : "Spinal Cord Injury Research Board", "docType" : "TITLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4", "activeDate" : "2014-09-22", "sequenceNo" : 105, "repealedDate" : null, "fromSection" : "250", "toSection" : "251", "text" : " TITLE IV\\n SPINAL CORD INJURY RESEARCH BOARD\\nSection 250. Spinal cord injury research board.\\n 251. Powers and duties.\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "250", "title" : "Spinal cord injury research board", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "250", "activeDate" : "2014-09-22", "sequenceNo" : 106, "repealedDate" : null, "fromSection" : "250", "toSection" : "250", "text" : " § 250. Spinal cord injury research board. 1. A spinal cord injury\\nresearch board is hereby created within the department for the purpose\\nof administering spinal cord injury research projects and administering\\nthe spinal cord injury research trust fund created pursuant to section\\nninety-nine-f of the state finance law. The purpose of research projects\\nadministered by the board shall be neurological research towards a cure\\nfor such injuries and their effects. The members of the spinal cord\\ninjury research board shall include but not be limited to\\nrepresentatives of the following fields: neuroscience, neurology,\\nneuro-surgery, neuro-pharmacology, and spinal cord rehabilitative\\nmedicine. The board shall be composed of thirteen members, seven of whom\\nshall be appointed by the governor, two of whom shall be appointed by\\nthe temporary president of the senate, two of whom shall be appointed by\\nthe speaker of the assembly, one of whom shall be appointed by the\\nminority leader of the senate, and one of whom shall be appointed by the\\nminority leader of the assembly.\\n 2. Board members shall be reimbursed for ordinary travel expenses,\\nincluding meals and lodging, incurred in the performance of duties\\npursuant to section two hundred fifty-one of this title.\\n 3. The terms of board members shall be four years commencing January\\nfirst, nineteen hundred ninety-nine.\\n 4. At the end of a term, a member shall continue to serve until a\\nsuccessor is appointed. A member who is appointed after a term has begun\\nshall serve the rest of the term and until a successor is appointed. A\\nmember who serves two consecutive full four year terms shall not be\\neligible for reappointment for four years after completion of those\\nterms.\\n 5. A majority of the full authorized membership of the board shall\\nconstitute a quorum.\\n 6. One member of the board shall be chosen by the governor to serve as\\nchairperson.\\n 7. Meetings of the board shall be held at least twice a year but may\\nbe held more frequently as deemed necessary, subject to call by the\\nchairman or by request of a majority of the board members. Board\\nmeetings shall concern, among other things, policy matters relating to\\nspinal cord injury research projects and programs, research progress\\nreports, and other matters necessary to carry out the intent of this\\ntitle.\\n 8. Members of the board shall be indemnified pursuant to section\\nseventeen of the public officers law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "251", "title" : "Powers and duties", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "251", "activeDate" : "2014-09-22", "sequenceNo" : 107, "repealedDate" : null, "fromSection" : "251", "toSection" : "251", "text" : " § 251. Powers and duties. The spinal cord injury research board\\ncreated pursuant to section two hundred fifty of this title shall:\\n 1. Formulate policies and procedures necessary to carry out the\\nprovisions of this title;\\n 2. Solicit, receive, and review applications from public and private\\nagencies and organizations and qualified research institutions for\\ngrants from the spinal cord injury research trust fund, created pursuant\\nto section ninety-nine-f of the state finance law, to conduct research\\nprograms which focus on the treatment and cure of spinal cord injury.\\nThe board shall make recommendations to the commissioner, and the\\ncommissioner shall, in his or her discretion, grant approval of\\napplications for grants from those applications recommended by the\\nboard.\\n 3. Ensure that state funds, appropriated for spinal cord injury\\nresearch are not diverted to any other use; and\\n 4. Provide the governor and the legislature an annual report by\\nJanuary thirty-first of each year succeeding the year in which this\\ntitle shall take effect setting forth the status of funds appropriated\\nfor spinal cord injury research and the progress of the board in terms\\nof the results of its spinal cord injury research efforts.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 2 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A2T5", "title" : "Health Care Practitioner Volunteer Pilot Program", "docType" : "TITLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "5", "activeDate" : "2014-09-22", "sequenceNo" : 108, "repealedDate" : null, "fromSection" : "260", "toSection" : "260", "text" : " * TITLE V\\n HEALTH CARE PRACTITIONER VOLUNTEER PILOT PROGRAM\\nSection 260. Health care practitioner volunteer program.\\n * NB There are 2 Title 5's\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "260", "title" : "Health care practitioner volunteer program", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "260", "activeDate" : "2014-09-22", "sequenceNo" : 109, "repealedDate" : null, "fromSection" : "260", "toSection" : "260", "text" : " * § 260. Health care practitioner volunteer program. 1. There is\\nhereby established in the department a health care practitioner\\nvolunteer program to implement a system by which eligible health care\\npractitioner volunteers and other volunteers may provide free basic\\nprimary health care services to uninsured low income individuals.\\n 2. The commissioner is authorized and directed to promulgate such\\nrules and regulations as are necessary to implement the provisions of\\nthis title. Such rules and regulations shall enable the health care\\npractitioner volunteer program approved hereunder to:\\n (a) provide free basic primary health care services primarily to\\nuninsured low income individuals;\\n (b) integrate the delivery of such services with the delivery of\\nhealth care and other supportive services to the target population by\\nother providers in the community; and\\n (c) meet standards of care which are appropriate to the level and\\nnature of health care services to be provided.\\n 3. A health care practitioner is eligible to participate as a health\\ncare practitioner volunteer under this title if he or she:\\n (a) is licensed, or exempt from licensure, pursuant to articles one\\nhundred thirty-one, one hundred thirty-one-B, one hundred thirty-two,\\none hundred thirty-three, one hundred thirty-six, one hundred\\nthirty-seven, one hundred thirty-nine, one hundred forty, one hundred\\nforty-one, one hundred forty-three, one hundred forty-four, one hundred\\nfifty-three, one hundred fifty-four, one hundred fifty-five, one hundred\\nfifty-six, one hundred fifty-seven, one hundred fifty-nine, one hundred\\nsixty, one hundred sixty-two, or one hundred sixty-four of the education\\nlaw;\\n (b) has agreed to practice in a health care practitioner volunteer\\nprogram without compensation or the expectation of compensation. For the\\npurposes of this paragraph, the following shall not be considered\\ncompensation: (i) nominal payment solely to enable the health care\\npractitioner to be considered an employee of an entity operating and\\nadministering the health care practitioner volunteer program established\\npursuant to this title; or (ii) the provision of medical liability\\ninsurance coverage to the health care practitioner pursuant to the\\nrequirements of this title;\\n (c) is well qualified and intends to serve as a volunteer in the\\npractice or specialty area in which he or she is licensed and primarily\\npractices, or practiced prior to retirement, or is licensed and\\ndemonstrably qualified to practice through training, retraining, or\\ncontinuing education; and\\n (d) is not subject to any limitations on practice as the result of\\nfindings or action by, or any agreement with, any licensing or\\nprofessional conduct agency or board, or any court or regulatory agency.\\n 4. No health care practitioner volunteer shall participate in the\\nhealth care practitioner volunteer program established pursuant to this\\ntitle unless, with respect to acts and omissions that occurred or\\nallegedly occurred within the scope of his or her participation in such\\nprogram, he or she is covered by an adequate professional liability\\ninsurance policy.\\n 5. The commissioner shall, upon submission of satisfactory evidence of\\ncompliance with the provisions of this title, approve one or more health\\ncare practitioner volunteer programs to be located in and to serve a\\nspecified service area. Such program shall:\\n (a) be operated and administered by a not-for-profit entity licensed\\nunder article twenty-eight of this chapter, provided, however, that\\nnothing contained herein shall preclude a facility otherwise licensed\\nunder this chapter or under the mental hygiene law from utilizing the\\nservices of health care practitioner volunteers for the provision of\\nfree health care services pursuant to such licensure; and\\n (b) have procedures to screen participating health care practitioner\\nvolunteers to ensure that they meet the requirements of subdivision\\nthree of this section.\\n 6. (a) Each program shall report annually to the commissioner on the\\nprogress of the program. The report shall include a profile of\\nparticipating health care practitioner volunteers, the number of persons\\nserved, a description of the activities of the program, an outline of\\nthe program's continuing or projected activities, a description of the\\nimpact of the program on the community, and an estimate of the value of\\nvolunteer services provided.\\n (b) On or before June first of each year, the commissioner shall\\nreport to the governor, the temporary president of the senate, the\\nminority leader of the senate, the speaker of the assembly, the minority\\nleader of the assembly, and the chairs of the senate and assembly\\ncommittees on health on findings, conclusions, and recommendations on\\nthe implementation of the provisions of this title.\\n 7. Notwithstanding any inconsistent provision of law to the contrary,\\nthe commissioner is authorized to waive, modify or suspend the\\nprovisions of rules and regulations promulgated pursuant to article\\ntwenty-eight of this chapter if the commissioner determines that such\\nwaiver, modification or suspension is necessary for the successful\\nimplementing of the health care practitioner volunteer program\\nauthorized pursuant to this section and provided that the commissioner\\ndetermines that the health, safety and general welfare of people\\nreceiving health care under such health care practitioner volunteer\\nprogram will not be impaired as a result of such waiver, modification or\\nsuspension.\\n * NB There are 2 § 260's\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 1 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A2T5*", "title" : "Obesity Prevention Act", "docType" : "TITLE", "publishedDates" : [ "2014-09-22", "2023-12-29", "2024-06-07" ], "docLevelId" : "5*", "activeDate" : "2014-09-22", "sequenceNo" : 110, "repealedDate" : null, "fromSection" : "260*2", "toSection" : "263", "text" : " * TITLE V\\n OBESITY PREVENTION ACT\\nSection 260*2. Short title.\\n 261. Legislative intent.\\n 262. Definitions.\\n 263. Department authorized to study obesity-report.\\n* NB There are 2 Title 5's\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "260*2", "title" : "Short title", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "260*2", "activeDate" : "2014-09-22", "sequenceNo" : 111, "repealedDate" : null, "fromSection" : "260*2", "toSection" : "260*2", "text" : " * § 260. Short title. This title shall be known and may be cited as\\nthe \"obesity prevention act\".\\n * NB There are 2 § 260's\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "261", "title" : "Legislative intent", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "261", "activeDate" : "2014-09-22", "sequenceNo" : 112, "repealedDate" : null, "fromSection" : "261", "toSection" : "261", "text" : " § 261. Legislative intent. The legislature hereby finds, determines,\\nand declares that obesity is a serious medical problem affecting up to\\none-third of all Americans. In addition, a nineteen ninety-seven Kaiser\\nPermanente study concluded that there is a significant potential for a\\nreduction in health care expenditures through obesity prevention. In\\naddition:\\n 1. Obesity is known to cause or exacerbate a number of serious\\ndisorders including hypertension, dyslipidemia, cardiovascular disease,\\ndiabetes, respiratory dysfunction, gout, and osteoarthritis;\\n 2. Nearly eighty percent of patients with diabetes mellitus are obese;\\n 3. Nearly seventy percent of diagnosed cases of cardiovascular disease\\nare related to obesity; and\\n 4. Obesity ranks second only to smoking as a preventable cause of\\ndeath, with some three hundred thousand deaths annually attributable to\\nobesity.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "262", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "262", "activeDate" : "2014-09-22", "sequenceNo" : 113, "repealedDate" : null, "fromSection" : "262", "toSection" : "262", "text" : " § 262. Definitions. As used in this title, unless the context\\notherwise requires:\\n \"Obesity\" means the condition in which a person's body mass index is\\nat least thirty kilograms per meter squared, or where a person's body\\nmass index is at least twenty-seven kilograms per meter squared and the\\nperson suffers from one or more of the following conditions or diseases:\\n 1. Type II diabetes;\\n 2. Impaired glucose tolerance;\\n 3. Hyperinsulinemia;\\n 4. Dyslipidemia;\\n 5. Hypertension;\\n 6. Cardiovascular disease;\\n 7. Cerebrovascular disease;\\n 8. Osteoarthritis of the hips or knees;\\n 9. Sleep apnea;\\n 10. Gastric reflux disease; or\\n 11. Gall bladder disease.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "263", "title" : "Department authorized to study obesity - report", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "263", "activeDate" : "2014-09-22", "sequenceNo" : 114, "repealedDate" : null, "fromSection" : "263", "toSection" : "263", "text" : " § 263. Department authorized to study obesity - report. 1. The\\ndepartment is authorized to sample and collect data on individual cases\\nwhere obesity is being actively treated and to analyze such data in\\norder to evaluate the impact of treating obesity. Such data collection\\nand analysis shall include the following:\\n a. The effectiveness of existing methods for treating or preventing\\nobesity;\\n b. The effectiveness of alternate methods for treating or preventing\\nobesity;\\n c. The fiscal impact of treating or preventing obesity;\\n d. The compliance and cooperation of patients with various methods of\\ntreating or preventing obesity; or\\n e. The reduction in serious medical problems associated with diabetes\\nthat results from treating or preventing obesity.\\n 2. The department is authorized to fund the research authorized in\\nsubdivision one of this section from gifts, grants, and donations from\\nindividuals, private organizations, foundations, or any governmental\\nunit; except that no gift, grant, or donation may be accepted by the\\ndepartment if it is subject to conditions that are inconsistent with\\nthis title or any other laws of this state. The department shall have\\nthe power to direct the disposition of any such gift, grant, or donation\\nfor the purposes of this title.\\n 3. After completion of the research authorized in subdivision one of\\nthis section, the department shall submit a report and supporting\\nmaterials to the governor and the legislature by June first of the\\nfollowing year.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 4 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A2T5-A", "title" : "Empire State Stem Cell Board", "docType" : "TITLE", "publishedDates" : [ "2014-09-22", "2021-04-23" ], "docLevelId" : "5-A", "activeDate" : "2014-09-22", "sequenceNo" : 115, "repealedDate" : null, "fromSection" : "265", "toSection" : "265-F", "text" : " TITLE 5-A\\n EMPIRE STATE STEM CELL BOARD\\nSection 265. Definition.\\n 265-a. Empire state stem cell board.\\n 265-b. Funding committee.\\n 265-c. Ethics committee.\\n 265-d. Members.\\n 265-e. Public and financial accountability standards.\\n 265-f. Severability.\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "265", "title" : "Definition", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2021-04-23" ], "docLevelId" : "265", "activeDate" : "2014-09-22", "sequenceNo" : 116, "repealedDate" : null, "fromSection" : "265", "toSection" : "265", "text" : " § 265. Definition. As used or referred to in this title, unless a\\ndifferent meaning clearly appears from the context \"stem cell\" means\\nstem or progenitor cells that divide and are capable of generating one\\nor more different types of progeny. Stem cells and their progeny can\\npotentially repair or replace specific tissues or be used to develop\\ndisease models.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "265-A", "title" : "Empire state stem cell board", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2021-04-23" ], "docLevelId" : "265-A", "activeDate" : "2014-09-22", "sequenceNo" : 117, "repealedDate" : null, "fromSection" : "265-A", "toSection" : "265-A", "text" : " § 265-a. Empire state stem cell board. 1. The empire state stem cell\\nboard (\"board\"), comprised of a funding committee and an ethics\\ncommittee, both of which shall be chaired by the commissioner, is hereby\\ncreated within the department for the purpose of administering the\\nempire state stem cell trust fund (\"fund\"), created pursuant to section\\nninety-nine-p of the state finance law. The board is hereby empowered,\\nsubject to annual appropriations and other funding authorized or made\\navailable, to make grants to basic, applied, translational or other\\nresearch and development activities that will advance scientific\\ndiscoveries in fields related to stem cell biology.\\n 2. No grants made available in the fund from any source shall be\\ndirectly or indirectly utilized for research involving human\\nreproductive cloning.\\n 3. Notwithstanding any other provision of law, the board shall have\\nthe authority to adopt by laws to govern its proceedings including but\\nnot limited to rules respecting quorums and the number of votes needed\\nto require the award of grants. No grants may be awarded by the board\\nprior to the establishment of bylaws that must include merit based peer\\nreview application guidelines. Such bylaws must be approved by the\\nfunding committee.\\n 4. Grants may be made for one or more years, provided, however, that\\nno grant shall be made for which the annual commitment is more than\\nfifteen percent of the total funds available in any year. However, no\\nsingle institution shall be awarded more than twenty-five percent of the\\ntotal amount appropriated. This limitation shall be considered\\nseparately for each new proposal without aggregating any prior year\\napprovals that may fund research activities. This requirement shall be\\ndeterminative, unless two-thirds of the funding committee approves a\\nhigher limit for a particular grantee.\\n 5. The existence of the empire state stem cell board shall continue\\nuntil there are no longer any assets or money available for\\ndistribution.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "265-B", "title" : "Funding committee", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2021-04-23" ], "docLevelId" : "265-B", "activeDate" : "2014-09-22", "sequenceNo" : 118, "repealedDate" : null, "fromSection" : "265-B", "toSection" : "265-B", "text" : " § 265-b. Funding committee. 1. There shall be a funding committee\\nwhich shall have thirteen members appointed by the governor, except for\\nthe commissioner who shall serve as an ex officio member. Six members\\nshall be appointed directly by the governor; two shall be appointed on\\nthe nomination of the temporary president of the senate; two shall be\\nappointed on the nomination of the speaker of the assembly; one shall be\\nappointed on the nomination the senate minority leader and one shall be\\nappointed on the nomination of the assembly minority leader. A member of\\nthe funding committee shall also serve on the ethics committee.\\n 2. The funding committee shall perform the following functions:\\n (a) provide for an independent scientific peer review committee\\ncomposed of individuals with expertise in the field of biomedical\\nresearch who shall review grant applications based on the criteria\\nrequirements and standards adopted by the funding committee, and make\\nrecommendations to the funding committee for the award of grants;\\n (b) develop criteria including an appropriate competitive scoring\\nmethod, standards, and requirements for considering funding applications\\nand for awarding research grants, including but not limited to\\nrecommendations for the overhead/indirect component of such grants for\\nthe development and submission of funding applications by New York state\\nbased consortia;\\n (c) recommend standards for the scientific and medical oversight of\\nawards;\\n (d) solicit through requests for proposals and otherwise, and to\\naccept proposals for research projects including grant applications;\\n (e) review grant applications based on the criteria, requirements, and\\nstandards adopted by the funding committee utilizing a process that\\ngives due consideration to the amount of nonpublic funds contributed by\\nthe project sponsor, including cash, in-kind personnel, equipment or\\nmaterials, donations, the opportunity to leverage funds, including\\nfederal, private and not-for-profit funds reasonably anticipated to be\\nreceived by the project sponsors; provided, however, that nonpublic\\nfunds shall only be considered as a factor by the funding committee when\\nreviewing applications of equivalent merit as determined by the\\nindependent scientific peer review committee;\\n (f) make recommendations to the commissioner for the award of research\\ntherapy development and clinical trial grants; and\\n (g) recommend standards for the evaluation of grantees to ensure that\\nthey comply with all applicable requirements, including, but not limited\\nto, conducting peer group progress oversight reviews of grantees to\\nensure compliance with the terms of the award and report to the\\ncommissioner any recommendations or subsequent action. Such standards\\nshall mandate periodic reporting by grantees.\\n 3. With the exception of the ex officio member, the funding committee\\nshall be divided into three classes. Of the three classes, the first\\nclass appointed shall include three of the governor's appointees, one\\nappointee nominated by the temporary president of the senate, and one\\nappointee nominated by the speaker of the assembly and shall serve for a\\nterm ending one year from the effective date of this title. The second\\nclass shall include two of the governor's appointees, one appointee\\nnominated by the minority leader of the senate, and one appointee\\nnominated by the minority leader of the assembly and shall serve for a\\nterm ending two years from the effective date of this title. The third\\nclass shall include the final governor's appointee, one appointee\\nnominated by the temporary president of the senate, and one appointee\\nnominated by the speaker of the assembly; and shall serve for a term\\nending three years from the effective date of this title. Subsequently,\\neach member appointed shall serve a term of three years and no more than\\ntwo terms of three years each. A vacancy in the membership of the board\\nshall be filled for the unexpired portion of the term in the same manner\\nas the original appointment.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "265-C", "title" : "Ethics committee", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2021-04-23" ], "docLevelId" : "265-C", "activeDate" : "2014-09-22", "sequenceNo" : 119, "repealedDate" : null, "fromSection" : "265-C", "toSection" : "265-C", "text" : " § 265-c. Ethics committee. 1. There shall be an ethics committee which\\nshall have thirteen members appointed by the governor, except for the\\ncommissioner who shall serve as an ex officio member. Six members shall\\nbe appointed directly by the governor; two shall be appointed on the\\nnomination of the temporary president of the senate; two shall be\\nappointed on the nomination of the speaker of the assembly; one shall be\\nappointed on the nomination of the senate minority leader; and one shall\\nbe appointed on the nomination of the assembly minority leader. A member\\nof the ethics committee shall also serve on the funding committee.\\n 2. The ethics committee shall make recommendations to the funding\\ncommittee regarding:\\n (a) scientific, medical, and ethical standards;\\n (b) standards for all medical, socioeconomic, and financial aspects of\\nclinical trials and therapy delivery to patients, including, but not\\nlimited to standards for safe and ethical procedures for: obtaining\\nmaterials and cells for research; clinical efforts for the appropriate\\ntreatment of human subjects in medical research; and ensuring compliance\\nwith patient privacy laws;\\n (c) oversight of funded research to ensure compliance with the\\nstandards described in paragraphs (a) and (b) of this subdivision; and\\n (d) relevant ethical and regulatory issues.\\n 3. With the exception of the ex officio member, the ethics committee\\nshall be divided into three classes. Of the three classes, the first\\nclass appointed shall include three of the governor's appointees, one\\nappointee nominated by the temporary president of the senate, and one\\nappointee nominated by the speaker of the assembly; and shall serve for\\na term ending one year from the effective date of this title. The second\\nclass shall include two of the governor's appointees, one appointee\\nnominated by the minority leader of the senate, and one appointee\\nnominated by the minority leader of the assembly; and shall serve for a\\nterm ending two years from the effective date of this title. The third\\nclass shall include the final governor's appointee, one appointee\\nnominated by the temporary president of the senate, and one appointee\\nnominated by the speaker of the assembly; and shall serve for a term\\nending three years from the effective date of this title. Subsequently,\\neach member appointed shall serve a term of three years and no more than\\ntwo terms of three years each. A vacancy in the membership of the board\\nshall be filled for the unexpired portion of the term in the same manner\\nas the original appointment.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "265-D", "title" : "Members", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2021-04-23" ], "docLevelId" : "265-D", "activeDate" : "2014-09-22", "sequenceNo" : 120, "repealedDate" : null, "fromSection" : "265-D", "toSection" : "265-D", "text" : " § 265-d. Members. 1. The members of the funding and ethics committees\\nshall serve without compensation, but shall be entitled to reimbursement\\nfor actual and necessary expenses incurred in the performance of their\\nofficial duties. Such members, except as otherwise provided by law, may\\nengage in private employment, or in a profession or business.\\n 2. The provisions of section seventeen of the public officers law\\nshall apply to members of the committees.\\n 3. The provisions of article seven of the public officers law shall\\napply to meetings of the funding and ethics committees.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "265-E", "title" : "Public and financial accountability standards", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2021-04-23" ], "docLevelId" : "265-E", "activeDate" : "2014-09-22", "sequenceNo" : 121, "repealedDate" : null, "fromSection" : "265-E", "toSection" : "265-E", "text" : " § 265-e. Public and financial accountability standards. 1. Report. The\\nboard shall issue an annual report to the public, which sets forth its\\nactivities, grants awarded, grants in progress, research\\naccomplishments, and future program directions. Each annual report shall\\ninclude, but not be limited to the following:\\n (a) number and dollar amounts of research and facilities grants;\\n (b) grantees for the prior year;\\n (c) board's administrative expenses;\\n (d) summary of research findings, including promising new research\\nareas; and\\n (e) strategic plan of the board.\\n 2. Conflicts of interest. No employee of the board or member of the\\nfunding or ethics committees shall make, participate in making, or in\\nany way attempt to use his or her position to influence a decision to\\napprove or award a grant, loan, or contract to:\\n (a) his or her employer or relative, or any entity in which the\\nemployee, member of the board, or member of the advisory counsel or the\\nrelative of any such individual has a financial interest; or\\n (b) an organization in which such employee, member of the board,\\nmember of the advisory counsel, or any relative of any such individual\\nis an officer, director or partner of such organization.\\n 3. Patent royalties and license revenues. The board shall establish\\nstandards that require that all grants be subject to intellectual\\nproperty agreements that establish the scope, if any, of the state's\\nownership or other financial interest in the commercialization and other\\nbenefits of the results, products, inventions and discoveries of\\nstate-funded stem cell research, and shall also include consideration in\\nsuch agreement for amounts of funding from sources other than the state.\\n 4. Contributions to the board. Notwithstanding any other provisions of\\nthe law to the contrary, the board is authorized to receive\\ncontributions from any governmental entity, for profit and\\nnot-for-profit corporation, association or person.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "265-F", "title" : "Severability", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2021-04-23" ], "docLevelId" : "265-F", "activeDate" : "2014-09-22", "sequenceNo" : 122, "repealedDate" : null, "fromSection" : "265-F", "toSection" : "265-F", "text" : " § 235-f. Severability. If any clause, sentence, paragraph, section or\\npart of this title shall be adjudged by any court of competent\\njurisdiction to be invalid, such judgment shall not affect, impair or\\ninvalidate the remainder thereof, but shall be confined in its operation\\nto the clause, sentence, paragraph, section or part thereof, directly\\ninvolved in the controversy in which such judgment shall have been\\nrendered.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 7 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A2T6", "title" : "Women's Health", "docType" : "TITLE", "publishedDates" : [ "2014-09-22", "2014-12-26", "2018-04-20", "2019-11-29", "2019-12-13", "2022-12-02", "2023-05-05", "2023-11-26", "2024-08-30" ], "docLevelId" : "6", "activeDate" : "2018-04-20", "sequenceNo" : 123, "repealedDate" : null, "fromSection" : "266", "toSection" : "267", "text" : " * TITLE VI\\n WOMEN'S HEALTH\\nSection 266. Department website.\\n 267. Feminine hygiene products in schools.\\n * NB There are 2 A2T6's\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "266", "title" : "Department website", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2014-12-26", "2020-04-24", "2020-06-19", "2021-02-19", "2021-12-24", "2022-12-02", "2023-05-26", "2023-06-23" ], "docLevelId" : "266", "activeDate" : "2014-12-26", "sequenceNo" : 124, "repealedDate" : null, "fromSection" : "266", "toSection" : "266", "text" : " * § 266. Department website. 1. The department shall establish and\\nmaintain an internet website for the purpose of advancing women's health\\ninitiatives. The website shall provide information for the purposes of\\neducating the public and raising awareness of women's health issues,\\nprovide links to useful resources and encourage the use of services now\\nmade more widely available to the women of New York state. The website\\nshall also promote the following preventative services now covered\\npursuant to federal law and regulation, and explain that such services\\nmust be covered with no cost sharing:\\n (a) Anemia screening for pregnant women;\\n (b) Bacteriuria urinary tract or other infection screening for\\npregnant women;\\n (c) BRCA counseling about genetic testing for women at higher risk;\\n (d) Breast cancer mammography screenings every one to two years for\\nwomen over age forty;\\n (e) Breast cancer chemoprevention counseling for women at higher risk;\\n (f) Breastfeeding comprehensive support and counseling from trained\\nproviders, as well as access to breastfeeding supplies, for pregnant and\\nnursing women;\\n (g) Cervical cancer screening for sexually active women;\\n (h) Chlamydia infection screening for younger women and other women at\\nhigher risk;\\n (i) Contraception: Food and Drug Administration-approved contraceptive\\nmethods, sterilization procedures, and patient education and counseling,\\nnot including abortifacient drugs;\\n (j) Domestic and interpersonal violence screening and counseling for\\nall women;\\n (k) Folic acid supplements for women who may become pregnant;\\n (l) Gestational diabetes screening for women twenty-four to\\ntwenty-eight weeks pregnant and those at high risk of developing\\ngestational diabetes;\\n (m) Gonorrhea screening for all women at higher risk;\\n (n) Hepatitis B screening for pregnant women at their first prenatal\\nvisit;\\n (o) Human immunodeficiency virus (HIV) screening and counseling for\\nsexually active women;\\n (p) Human papillomavirus (HPV) DNA Test: high risk HPV DNA testing\\nevery three years for women with normal cytology results who are thirty\\nyears of age or older;\\n (q) Osteoporosis screening for women over age sixty depending on risk\\nfactors;\\n (r) RH incompatibility screening for all pregnant women and follow-up\\ntesting for women at higher risk;\\n (s) Tobacco use screening and interventions for all women, and\\nexpanded counseling for pregnant tobacco users;\\n (t) Sexually transmitted infections (STI) counseling for sexually\\nactive women;\\n (u) Syphilis screening for all pregnant women or other women at\\nincreased risk; and\\n (v) Well-woman visits to obtain recommended preventive services.\\n 2. The department shall also consider making use of social media\\nnetworks for the purposes of advancing such initiatives.\\n * NB There are 2 § 266's\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "267", "title" : "Feminine hygiene products in schools", "docType" : "SECTION", "publishedDates" : [ "2018-04-20", "2018-07-06", "2023-11-26", "2024-02-02" ], "docLevelId" : "267", "activeDate" : "2018-07-06", "sequenceNo" : 125, "repealedDate" : null, "fromSection" : "267", "toSection" : "267", "text" : " § 267. Feminine hygiene products in schools. All elementary and\\nsecondary public schools in the state serving students in any grade from\\ngrade six through grade twelve shall provide feminine hygiene products\\nin the restrooms of such school building or buildings. Such products\\nshall be provided at no charge to students.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 2 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A2T6*", "title" : "The 21st Century Workgroup For Disease Elimination and Reduction", "docType" : "TITLE", "publishedDates" : [ "2014-12-26" ], "docLevelId" : "6*", "activeDate" : "2014-12-26", "sequenceNo" : 126, "repealedDate" : null, "fromSection" : "266*2", "toSection" : "266*2", "text" : " * TITLE 6\\n THE 21ST CENTURY WORKGROUP FOR DISEASE ELIMINATION AND REDUCTION\\nSection 266. The 21st century workgroup for disease elimination and\\n reduction.\\n * NB There are 2 A6T2's\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "266*2", "title" : "The 21st century workgroup for disease elimination and reduction", "docType" : "SECTION", "publishedDates" : [ "2014-12-26", "2017-08-04", "2018-01-05" ], "docLevelId" : "266*2", "activeDate" : "2018-01-05", "sequenceNo" : 127, "repealedDate" : null, "fromSection" : "266*2", "toSection" : "266*2", "text" : " * § 266. The 21st century workgroup for disease elimination and\\nreduction. The 21st century workgroup for disease elimination and\\nreduction is hereby created within the department. The workgroup shall:\\n 1. Be comprised of experts within the department's bureau of\\nimmunization, experts on the immunization advisory council and other\\nexperts the commissioner deems appropriate, charged with the mission of\\nreviewing existing vaccines, the status of international research and\\ndevelopment for vaccines likely to be candidates for the pharmaceutical\\nmarketplace, and to review the status of health threats which could be\\naddressed by the development of vaccines;\\n 2. Study the severity, frequency of occurrence, likelihood of\\nrecurrence, existing animal vaccines and potential human vaccines for\\ntuberculosis, eastern equine encephalitis virus, Lyme disease, human\\nimmunodeficiency virus, and any other disease or virus the commissioner\\ndeems appropriate;\\n 3. Consult with national vaccine and immunization policy making\\norganizations, including but not limited to, the advisory committee on\\nimmunization practices under the centers for disease control and\\nprevention, the national institute of health and the national institute\\nof allergy and infectious diseases;\\n 4. Apply for grants, accept gifts from private and public sources for\\npurposes set forth herein; and\\n 5. Report every three years, commencing January first, two thousand\\neighteen, to the commissioner, the temporary president of the senate,\\nthe speaker of the assembly, the chair of the senate standing committee\\non health, and the chair of the assembly health committee.\\n * NB There are 2 § 266's\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 1 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A2T7", "title" : "Ny State of Health", "docType" : "TITLE", "publishedDates" : [ "2019-04-19" ], "docLevelId" : "7", "activeDate" : "2019-04-19", "sequenceNo" : 128, "repealedDate" : null, "fromSection" : "268", "toSection" : "268-H", "text" : " TITLE VII\\n NY STATE OF HEALTH\\nSection 268. Statement of policy and purposes.\\n 268-a. Definitions.\\n 268-b. Establishment of NY State of Health, The Official Health\\n Plan Marketplace.\\n 268-c. Functions of the Marketplace.\\n 268-d. Special functions of the Marketplace related to health\\n plan certification and qualified health plan oversight.\\n 268-e. Appeals and appeal hearings; judicial review.\\n 268-f. Marketplace advisory committee.\\n 268-g. Funding of the Marketplace.\\n 268-h. Construction.\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "268", "title" : "Statement of policy and purposes", "docType" : "SECTION", "publishedDates" : [ "2019-04-19", "2019-11-29", "2024-05-03" ], "docLevelId" : "268", "activeDate" : "2019-04-19", "sequenceNo" : 129, "repealedDate" : null, "fromSection" : "268", "toSection" : "268", "text" : " § 268. Statement of policy and purposes. The purpose of this title is\\nto codify the establishment of the health benefit exchange in New York,\\nknown as NY State of Health, The Official Health Plan Marketplace\\n(Marketplace), in conformance with Executive Order 42 (Cuomo) issued\\nApril 12, 2012. The Marketplace shall continue to perform eligibility\\ndeterminations for federal and state insurance affordability programs\\nincluding medical assistance in accordance with section three hundred\\nsixty-six of the social services law, child health plus in accordance\\nwith section twenty-five hundred eleven of this chapter, the basic\\nhealth program in accordance with section three hundred sixty-nine-gg of\\nthe social services law, and premium tax credits and cost-sharing\\nreductions, together with performing eligibility determinations for\\nqualified health plans and such other health insurance programs as\\ndetermined by the commissioner. The Marketplace shall also facilitate\\nenrollment in insurance affordability programs, qualified health plans\\nand other health insurance programs as determined by the commissioner,\\nthe purchase and sale of qualified health plans and/or other or\\nadditional health plans certified by the Marketplace pursuant to this\\ntitle, and shall continue to have the authority to operate a small\\nbusiness health options program (\"SHOP\") to assist eligible small\\nemployers in selecting qualified health plans and/or other or additional\\nhealth plans certified by the Marketplace and to determine small\\nemployer eligibility for purposes of small employer tax credits. It is\\nthe intent of the legislature, by codifying the Marketplace in state\\nstatute, to continue to promote quality and affordable health coverage\\nand care, reduce the number of uninsured persons, provide a transparent\\nmarketplace, educate consumers and assist individuals with access to\\ncoverage, premium assistance tax credits and cost-sharing reductions. In\\naddition, the legislature declares the intent that the Marketplace\\ncontinue to be properly integrated with insurance affordability\\nprograms, including Medicaid, child health plus and the basic health\\nprogram, and such other health insurance programs as determined by the\\ncommissioner.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "268-A", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2019-04-19", "2021-04-23", "2021-10-08", "2022-12-16", "2024-05-03" ], "docLevelId" : "268-A", "activeDate" : "2019-04-19", "sequenceNo" : 130, "repealedDate" : null, "fromSection" : "268-A", "toSection" : "268-A", "text" : " § 268-a. Definitions. For purposes of this title, the following\\ndefinitions shall apply:\\n 1. \"Commissioner\" means the commissioner of health of the state of New\\nYork.\\n 2. \"Marketplace\" means the \"NY State of Health, The official health\\nplan Marketplace\" or \"Marketplace\" established as a health benefit\\nexchange or \"marketplace\" within the department of health pursuant to\\nExecutive Order 42 (Cuomo) issued April 12, 2012 and this title.\\n 3. \"Federal act\" means the patient protection and affordable care act,\\npublic law 111-148, as amended by the health care and education\\nreconciliation act of 2010, public law 111-152, and any regulations or\\nguidance issued thereunder.\\n 4. \"Health plan\" means a policy, contract or certificate, offered or\\nissued by an insurer to provide, deliver, arrange for, pay for or\\nreimburse any of the costs of health care services. Health plan shall\\nnot include the following:\\n (a) accident insurance or disability income insurance, or any\\ncombination thereof;\\n (b) coverage issued as a supplement to liability insurance;\\n (c) liability insurance, including general liability insurance and\\nautomobile liability insurance;\\n (d) workers' compensation or similar insurance;\\n (e) automobile no-fault insurance;\\n (f) credit insurance;\\n (g) other similar insurance coverage, as specified in federal\\nregulations, under which benefits for medical care are secondary or\\nincidental to other insurance benefits;\\n (h) limited scope dental or vision benefits, benefits for long-term\\ncare insurance, nursing home insurance, home care insurance, or any\\ncombination thereof, or such other similar, limited benefits health\\ninsurance as specified in federal regulations, if the benefits are\\nprovided under a separate policy, certificate or contract of insurance\\nor are otherwise not an integral part of the plan;\\n (i) coverage only for a specified disease or illness, hospital\\nindemnity, or other fixed indemnity coverage;\\n (j) Medicare supplemental insurance as defined in section 1882(g)(1)\\nof the federal social security act, coverage supplemental to the\\ncoverage provided under chapter 55 of title 10 of the United States\\nCode, or similar supplemental coverage provided under a group health\\nplan if it is offered as a separate policy, certificate or contract of\\ninsurance; or\\n (k) the New York state medical indemnity fund established pursuant to\\ntitle four of article twenty-nine-D of the public health law.\\n 5. \"Insurer\" means an insurance company subject to article forty-two\\nor a corporation subject to article forty-three of the insurance law, or\\na health maintenance organization certified pursuant to article\\nforty-four of the public health law that contracts or offers to contract\\nto provide, deliver, arrange, pay or reimburse any of the costs of\\nhealth care services.\\n 6. \"Stand-Alone dental plan\" means a dental services plan that has\\nbeen issued pursuant to applicable law and certified by the Marketplace\\nin accordance with section two hundred sixty-eight-d of this title.\\n 7. \"Qualified health plan\" means a health plan that is issued pursuant\\nto applicable law and certified by the Marketplace in accordance with\\nsection two hundred sixty-eight-d of this title, including a stand-alone\\ndental plan.\\n 8. \"Insurance affordability program\" means Medicaid, child health\\nplus, the basic health program and any other health insurance subsidy\\nprogram designated as such by the commissioner.\\n 9. \"Eligible individual\" means an individual, including a minor, who\\nis eligible to enroll in an insurance affordability program or other\\nhealth insurance program as determined by the commissioner.\\n 10. \"Qualified individual\" means, with respect to qualified health\\nplans, an individual, including a minor, who:\\n (a) is eligible to enroll in a qualified health plan offered to\\nindividuals through the Marketplace;\\n (b) resides in this state;\\n (c) at the time of enrollment, is not incarcerated, other than\\nincarceration pending the disposition of charges; and\\n (d) is, and is reasonably expected to be, for the entire period for\\nwhich enrollment is sought, a citizen or national of the United States\\nor an alien lawfully present in the United States.\\n 11. \"Secretary\" means the secretary of the United States department of\\nhealth and human services.\\n 12. \"SHOP\" means the small business health options program operated by\\nthe Marketplace to assist eligible small employers in this state in\\nselecting qualified health plans and/or other or additional health plans\\ncertified by the Marketplace and to determine small employer eligibility\\nfor purposes of small employer tax credits in accordance with applicable\\nfederal and state laws and regulations.\\n 13. \"Small employer\" means an employer which offers coverage where the\\ncoverage such employer offers would be considered small group coverage\\nunder the insurance law and regulations promulgated thereunder, provided\\nthat it is not otherwise prohibited under the federal act.\\n 14. \"Small group market\" means the health insurance market under which\\nindividuals receive health insurance coverage on behalf of themselves\\nand their dependents through a group health plan maintained by a small\\nemployer.\\n 15. \"Superintendent\" means the superintendent of financial services.\\n 16. \"Essential health benefits\" shall mean the categories of benefits\\ndefined in subsection (a) of section three thousand two hundred\\nseventeen-i and subsection (a) of section four thousand three hundred\\nsix-h of the insurance law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "268-B", "title" : "Establishment of NY State of Health, The Official Health Plan Marketplace", "docType" : "SECTION", "publishedDates" : [ "2019-04-19" ], "docLevelId" : "268-B", "activeDate" : "2019-04-19", "sequenceNo" : 131, "repealedDate" : null, "fromSection" : "268-B", "toSection" : "268-B", "text" : " § 268-b. Establishment of NY State of Health, The Official Health Plan\\nMarketplace. 1. There is hereby established an office within the\\ndepartment of health to be known as the \"NY State of Health, The\\nofficial health plan Marketplace\".\\n 2. The purpose of the Marketplace is to facilitate enrollment in\\nhealth coverage and the purchase and sale of qualified health plans and\\nother health plans certified by the Marketplace; enroll individuals in\\ncoverage for which they are eligible in accordance with federal and\\nstate law; enable eligible individuals to receive premium tax credits,\\ncost-sharing reductions, and to access insurance affordability programs\\nand other health insurance programs as determined by the commissioner;\\nassist eligible small employers in selecting qualified health plans\\nand/or other, or additional health plans certified by the Marketplace\\nand to qualify for small employer tax credits in accordance with\\napplicable law; and to carry out other functions set forth in this\\ntitle.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "268-C", "title" : "Functions of the Marketplace", "docType" : "SECTION", "publishedDates" : [ "2019-04-19", "2022-04-22", "2024-05-03" ], "docLevelId" : "268-C", "activeDate" : "2019-04-19", "sequenceNo" : 132, "repealedDate" : null, "fromSection" : "268-C", "toSection" : "268-C", "text" : " § 268-c. Functions of the Marketplace. The Marketplace shall:\\n 1. (a) Perform eligibility determinations for federal and state\\ninsurance affordability programs including medical assistance in\\naccordance with section three hundred sixty-six of the social services\\nlaw, child health plus in accordance with section twenty-five hundred\\neleven of this chapter, the basic health program in accordance with\\nsection three hundred sixty-nine-gg of the social services law, premium\\ntax credits and cost-sharing reductions and qualified health plans in\\naccordance with applicable law and other health insurance programs as\\ndetermined by the commissioner;\\n (b) certify and make available to qualified individuals, qualified\\nhealth plans, including dental plans, certified by the Marketplace\\npursuant to applicable law, provided that coverage under such plans\\nshall not become effective prior to certification by the Marketplace;\\nand\\n (c) certify and/or make available to eligible individuals, health\\nplans certified by the Marketplace pursuant to applicable law, and/or\\nparticipating in an insurance affordability program pursuant to\\napplicable law, provided that coverage under such plans shall not become\\neffective prior to certification by the Marketplace, and/or approval by\\nthe commissioner.\\n 2. Assign an actuarial value to each Marketplace certified plan\\noffered through the Marketplace in accordance with the criteria\\ndeveloped by the secretary pursuant to federal law or the superintendent\\npursuant to the insurance law and/or requirements developed by the\\nMarketplace, and determine each health plan's level of coverage in\\naccordance with regulations issued by the secretary pursuant to federal\\nlaw or the superintendent pursuant to the insurance law.\\n 3. Utilize a standardized format for presenting health benefit options\\nin the Marketplace, including the use of the uniform outline of coverage\\nestablished under section 2715 of the federal public health service act\\nor the insurance law.\\n 4. Standardize the benefits available through the Marketplace at each\\nlevel of coverage defined by the superintendent in the insurance law.\\n 5. Maintain enrollment periods in the best interest of qualified\\nindividuals consistent with federal and state law.\\n 6. Implement procedures for the certification, recertification and\\ndecertification of health plans as qualified health plans or health\\nplans approved for sale by the department of financial services or\\ndepartment of health and certified by the Marketplace, consistent with\\nguidelines developed by the secretary pursuant to section 1311(c) of the\\nfederal act and requirements developed by the Marketplace.\\n 7. Contract for health care coverage offered to qualified individuals\\nthrough the Marketplace, and in doing so shall seek to provide health\\ncare coverage choices that offer the optimal combination of choice,\\nvalue, quality, and service.\\n 8. Contract for health care coverage offered to certain eligible\\nindividuals through the Marketplace, pursuant to health insurance\\nprograms as determined by the commissioner, and in doing so shall seek\\nto provide health care coverage choices that offer the optimal\\ncombination of choice, value, quality, and service;\\n 9. Provide the minimum requirements an insurer shall meet to\\nparticipate in the Marketplace, in the best interest of qualified\\nindividuals or eligible individuals;\\n 10. Require qualified health plans and/or other health plans certified\\nby the Marketplace to offer those benefits determined to be essential\\nhealth benefits pursuant to state law or as required by the Marketplace.\\n 11. Ensure that insurers offering health plans through the Marketplace\\ndo not charge an individual enrollee a fee or penalty for termination of\\ncoverage.\\n 12. Provide for the operation of a toll-free telephone hotline to\\nrespond to requests for assistance.\\n 13. Maintain an internet website through which enrollees and\\nprospective enrollees of qualified health plans and health plans\\ncertified by the Marketplace may obtain standardized comparative\\ninformation on such plans and insurance affordability programs.\\n 14. Make available by electronic means a calculator to determine the\\nactual cost of coverage after the application of any premium tax credit\\nunder section 36B of the Internal Revenue Code of 1986 or applicable\\nstate law and any cost-sharing reduction under federal or applicable\\nstate law.\\n 15. Operate a program under which the Marketplace awards grants to\\nentities to serve as navigators in accordance with applicable federal\\nlaw and regulations adopted thereunder, and/or a program under which the\\nMarketplace awards grants to entities to provide community based\\nenrollment assistance in accordance with requirements developed by the\\nMarketplace; and/or a program under which the Marketplace certifies New\\nYork state licensed producers to provide assistance to eligible\\nindividuals and/or small employers pursuant to federal or state law.\\n 16. In accordance with applicable federal and state law, inform\\nindividuals of eligibility requirements for the Medicaid program under\\ntitle XIX of the social security act and the social services law, the\\nchildren's health insurance program (CHIP) under title XXI of the social\\nsecurity act and this chapter, the basic health program under section\\nthree hundred sixty-nine-gg of the social services law, or any\\napplicable state or local public health insurance program and if,\\nthrough screening of the application by the Marketplace, the Marketplace\\ndetermines that such individuals are eligible for any such program,\\nenroll such individuals in such program.\\n 17. Grant a certification that an individual is exempt from the\\nrequirement to maintain minimum essential coverage pursuant to federal\\nor state law and from any penalties imposed by such requirements\\nbecause:\\n (a) there is no affordable health plan available covering the\\nindividual, as defined by applicable law; or\\n (b) the individual meets the requirements for any other such exemption\\nfrom the requirement to maintain minimum essential coverage or to pay\\nthe penalty pursuant to applicable federal or state law.\\n 18. Operate a small business health options program (\"SHOP\") pursuant\\nto section 1311 of the federal act and applicable state law, through\\nwhich eligible small employers may select marketplace-certified\\nqualified health plans offered in the small group market, and through\\nwhich eligible small employers may receive assistance in qualifying for\\nsmall business tax credits available pursuant to federal and state law.\\n 19. Enter into agreements as necessary with federal and state agencies\\nand other state Marketplaces to carry out its responsibilities under\\nthis title, provided such agreements include adequate protections with\\nrespect to the confidentiality of any information to be shared and\\ncomply with all state and federal laws and regulations.\\n 20. Perform duties required by the secretary, the secretary of the\\nUnited States department of the treasury or the commissioner related to\\ndetermining eligibility for premium tax credits or reduced cost-sharing\\nunder applicable federal or state law.\\n 21. Meet program integrity requirements under applicable law,\\nincluding keeping an accurate accounting of receipts and expenditures\\nand providing reports to the secretary regarding Marketplace related\\nactivities in accordance with applicable law.\\n 22. Submit information provided by Marketplace applicants for\\nverification as required by section 1411(c) of the federal act and\\napplicable state law.\\n 23. Establish rules and regulations that do not conflict with or\\nprevent the application of regulations promulgated by the secretary.\\n 24. Determine eligibility, provide notices, and provide opportunities\\nfor appeal and redetermination in accordance with the requirements of\\nfederal and state law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "268-D", "title" : "Special functions of the Marketplace related to health plan certification and qualified health plan oversight", "docType" : "SECTION", "publishedDates" : [ "2019-04-19", "2022-04-22", "2023-01-06" ], "docLevelId" : "268-D", "activeDate" : "2019-04-19", "sequenceNo" : 133, "repealedDate" : null, "fromSection" : "268-D", "toSection" : "268-D", "text" : " § 268-d. Special functions of the Marketplace related to health plan\\ncertification and qualified health plan oversight. 1. Health plans\\ncertified by the Marketplace shall meet the following requirements:\\n (a) The insurer offering the health plan:\\n (i) is licensed or certified by the superintendent or commissioner, in\\ngood standing to offer health insurance coverage in this state, and\\nmeets the requirements established by the Marketplace;\\n (ii) offers at least one qualified health plan and/or other or\\nadditional health plans authorized for sale by the department of\\nfinancial services or the department in each of the silver and gold\\nlevels as required by state law, provided, however, that the Marketplace\\nmay require additional benefit levels to be offered by all insurers\\nparticipating in the Marketplace;\\n (iii) has filed with and received approval from the superintendent of\\nits premium rates and policy or contract forms pursuant to the insurance\\nlaw and/or this chapter;\\n (iv) does not charge any cancellation fees or penalties for\\ntermination of coverage in violation of applicable law; and\\n (v) complies with the regulations developed by the secretary under\\nsection 1311(c) of the federal act and such other requirements as the\\nMarketplace may establish.\\n (b) The health plan: (i) provides the essential health benefits\\npackage described in state law or required by the Marketplace and\\nincludes such additional benefits as are mandated by state law, except\\nthat the health plan shall not be required to provide essential benefits\\nthat duplicate the minimum benefits of qualified dental plans if:\\n (A) the Marketplace has determined that at least one qualified dental\\nplan or dental plan approved by the department of financial services or\\nthe department is available to supplement the health plan's coverage;\\nand\\n (B) the insurer makes prominent disclosure at the time it offers the\\nhealth plan, in a form approved by the Marketplace, that the plan does\\nnot provide the full range of essential pediatric benefits, and that\\nqualified dental plans or dental plans approved by the department of\\nfinancial services or department of health providing those benefits and\\nother dental benefits not covered by the plan are offered through the\\nMarketplace;\\n (ii) provides at least a bronze level of coverage as defined by state\\nlaw, unless the plan is certified as a qualified catastrophic plan, as\\ndefined in section 1302(e) of the federal act and the insurance law, and\\nshall only be offered to individuals eligible for catastrophic coverage;\\n (iii) has cost-sharing requirements, including deductibles, which do\\nnot exceed the limits established under section 1302(c) of the federal\\nact, state law and any requirements of the Marketplace;\\n (iv) complies with regulations promulgated by the secretary pursuant\\nto section 1311(c) of the federal act and applicable state law, which\\ninclude minimum standards in the areas of marketing practices, network\\nadequacy, essential community providers in underserved areas,\\naccreditation, quality improvement, uniform enrollment forms and\\ndescriptions of coverage and information on quality measures for health\\nbenefit plan performance;\\n (v) meets standards specified and determined by the Marketplace,\\nprovided that the standards do not conflict with or prevent the\\napplication of federal requirements; and\\n (vi) complies with the insurance law and this chapter requirements\\napplicable to health insurance issued in this state and any regulations\\npromulgated pursuant thereto that do not conflict with or prevent the\\napplication of federal requirements; and\\n (c) The Marketplace determines that making the health plan available\\nthrough the Marketplace is in the interest of qualified individuals in\\nthis state.\\n 2. The Marketplace shall not exclude a health plan:\\n (a) on the basis that the health plan is a fee-for-service plan;\\n (b) through the imposition of premium price controls by the\\nMarketplace; or\\n (c) on the basis that the health plan provides treatments necessary to\\nprevent patients' deaths in circumstances the Marketplace determines are\\ninappropriate or too costly.\\n 3. The Marketplace shall require each insurer certified or seeking\\ncertification of a health plan as a qualified health plan or plan\\napproved for sale by the department of financial services or the\\ndepartment to:\\n (a) submit a justification for any premium increase pursuant to\\napplicable law prior to implementation of such increase. The insurer\\nshall prominently post the information on its internet website. Such\\nrate increases shall be subject to the prior approval of the\\nsuperintendent pursuant to the insurance law;\\n (b)(i) make available to the public and submit to the Marketplace, the\\nsecretary and the superintendent, accurate and timely disclosure of:\\n (A) claims payment policies and practices;\\n (B) periodic financial disclosures;\\n (C) data on enrollment and disenrollment;\\n (D) data on the number of claims that are denied;\\n (E) data on rating practices;\\n (F) information on cost-sharing and payments with respect to any\\nout-of-network coverage;\\n (G) information on enrollee and participant rights under title I of\\nthe federal act; and\\n (H) other information as determined appropriate by the secretary or\\notherwise required by the Marketplace;\\n (ii) the information shall be provided in plain language, as that term\\nis defined in section 1311(e)(3)(B) of the federal act and state law,\\nand in guidance jointly issued thereunder by the secretary and the\\nfederal secretary of labor; and\\n (c) provide to individuals, in a timely manner upon the request of the\\nindividual, the amount of cost-sharing, including deductibles,\\ncopayments, and coinsurance, under the individual's health plan or\\ncoverage that the individual would be responsible for paying with\\nrespect to the furnishing of a specific item or service by a\\nparticipating provider. At a minimum, this information shall be made\\navailable to the individual through an internet website and through\\nother means for individuals without access to the internet.\\n 4. The Marketplace shall not exempt any insurer seeking certification\\nof a health plan, regardless of the type or size of the insurer, from\\nlicensing or solvency requirements under the insurance law or this\\nchapter, and shall apply the criteria of this section in a manner that\\nensures a level playing field for insurers participating in the\\nMarketplace.\\n 5. (a) The provisions of this article that apply to qualified health\\nplans and plans approved for sale by the department of financial\\nservices and the department also shall apply to the extent relevant to\\nqualified dental plans approved for sale by the department of financial\\nservices or the department, except as modified in accordance with the\\nprovisions of paragraphs (b) and (c) of this subdivision or otherwise\\nrequired by the Marketplace.\\n (b) The qualified dental plan or dental plan approved for sale by the\\ndepartment of financial services and/or the department shall be limited\\nto dental and oral health benefits, without substantially duplicating\\nthe benefits typically offered by health benefit plans without dental\\ncoverage, and shall include, at a minimum, the essential pediatric\\ndental benefits prescribed by the secretary pursuant to section\\n1302(b)(1)(J) of the federal act, and such other dental benefits as the\\nMarketplace or secretary may specify in regulations.\\n (c) Insurers may jointly offer a comprehensive plan through the\\nMarketplace in which an insurer provides the dental benefits through a\\nqualified dental plan or plan approved by the department of financial\\nservices or the department and an insurer provides the other benefits\\nthrough a qualified health plan, provided that the plans are priced\\nseparately and also are made available for purchase separately at the\\nsame price.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "268-E", "title" : "Appeals and appeal hearings; judicial review", "docType" : "SECTION", "publishedDates" : [ "2019-04-19", "2024-05-03" ], "docLevelId" : "268-E", "activeDate" : "2019-04-19", "sequenceNo" : 134, "repealedDate" : null, "fromSection" : "268-E", "toSection" : "268-E", "text" : " § 268-e. Appeals and appeal hearings; judicial review. 1. Any\\napplicant or enrollee, or any individual authorized to act on behalf of\\nany such applicant or enrollee, may appeal to the department from\\ndeterminations of department officials or failures to make\\ndeterminations upon grounds specified in subdivision four of this\\nsection. The department must review the appeal de novo and give such\\nperson an opportunity for an appeal hearing. The department may also, on\\nits own motion, review any decision made or any case in which a decision\\nhas not been made by the Marketplace or a social services official\\nwithin the time specified by law or regulations of the department. The\\ndepartment may make such additional investigation as it may deem\\nnecessary, and the commissioner must make such determination as is\\njustified and in accordance with applicable law.\\n 2. Regarding any appeal pursuant to this section, with or without an\\nappeal hearing, the commissioner may designate and authorize one or more\\nappropriate members of his staff to consider and decide such appeals.\\nAny staff member so designated and authorized will have authority to\\ndecide such appeals on behalf of the commissioner with the same force\\nand effect as if the commissioner had made the decisions. Appeal\\nhearings must be held on behalf of the commissioner by members of his\\nstaff who are employed for such purposes or who have been designated and\\nauthorized by the commissioner.\\n 3. Persons entitled to appeal to the department pursuant to this\\nsection must include:\\n (a) applicants for or enrollees in insurance affordability programs\\nand qualified health plans; and\\n (b) other persons entitled to an opportunity for an appeal hearing as\\ndirected by the commissioner.\\n 4. An applicant or enrollee has the right to appeal at least the\\nfollowing issues:\\n (a) An eligibility determination made in accordance with this article\\nand applicable law, including:\\n (i) An initial determination of eligibility, including:\\n (A) eligibility to enroll in a qualified health plan;\\n (B) eligibility for Medicaid;\\n (C) eligibility for Child Health Plus;\\n (D) eligibility for the Basic Health Program;\\n (E) the amount of advance payments of the premium tax credit and level\\nof cost-sharing reductions;\\n (F) the amount of any other subsidy that may be available under law;\\nand\\n (G) eligibility for such other health insurance programs as determined\\nby the commissioner; and\\n (ii) a re-determination of eligibility of the programs under this\\nsubdivision.\\n (b) An eligibility determination for an exemption for any mandate to\\npurchase health insurance.\\n (c) A failure by NY State of Health to provide timely written notice\\nof an eligibility determination made in accordance with applicable law.\\n 5. The department may, subject to the discretion of the commissioner,\\npromulgate such regulations, consistent with federal or state law, as\\nmay be necessary to implement the provisions of this section.\\n 6. Regarding every decision of an appeal pursuant to this section, the\\ndepartment must inform every party, and his or her representative, if\\nany, of the availability of judicial review and the time limitation to\\npursue future review.\\n 7. Applicants and enrollees of qualified health plans, with or without\\nadvance payments of the premium tax credit and cost-sharing reductions,\\nalso have the right to appeal to the United States Department of Health\\nand Human Services appeal entity:\\n (a) appeals decisions issued by NY State of Health upon the exhaustion\\nof the NY State of Health appeals process; and\\n (b) a denial of a request to vacate a dismissal made by the NY State\\nof Health appeals entity.\\n 8. The department must include notice of the right to appeal as\\nprovided by subdivision four of this section and instructions regarding\\nhow to file an appeal in any eligibility determination issued to the\\napplicant or enrollee in accordance with applicable law. Such notice\\nshall include:\\n (a) an explanation of the applicant or enrollee's appeal rights;\\n (b) a description of the procedures by which the applicant or enrollee\\nmay request an appeal;\\n (c) information on the applicant or enrollee's right to represent\\nhimself or herself, or to be represented by legal counsel or another\\nrepresentative;\\n (d) an explanation of the circumstances under which the appellant's\\neligibility may be maintained or reinstated pending an appeal decision;\\nand\\n (e) an explanation that an appeal decision for one household member\\nmay result in a change in eligibility for other household members and\\nthat such a change will be handled as a redetermination of eligibility\\nfor all household members in accordance with the standards specified in\\napplicable law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "268-F", "title" : "Marketplace advisory committee", "docType" : "SECTION", "publishedDates" : [ "2019-04-19" ], "docLevelId" : "268-F", "activeDate" : "2019-04-19", "sequenceNo" : 135, "repealedDate" : null, "fromSection" : "268-F", "toSection" : "268-F", "text" : " § 268-f. Marketplace advisory committee. 1. There is hereby created\\nthe marketplace advisory committee, which shall consider and advise the\\ndepartment and commissioner on matters concerning the provision of\\nhealth care coverage through the NY State of Health or Health Plan\\nMarketplace.\\n 2. The marketplace advisory committee shall be composed of up to\\ntwenty-eight members consisting of twenty-four members appointed by the\\ncommissioner, two members appointed by the speaker of the assembly, and\\ntwo members appointed by the temporary president of the senate. The\\nadvisory committee shall at all times be representative of each\\ngeographic area of the state and include:\\n (a) representatives from the following categories, but not more than\\nsix from any single category:\\n (i) health plan consumer advocates;\\n (ii) small business consumer representatives;\\n (iii) health care provider representatives;\\n (iv) representatives of the health insurance industry;\\n (b) representatives from the following categories, but not more than\\ntwo from either category:\\n (i) licensed insurance producers; and\\n (ii) representatives of labor organizations.\\n 3. The commissioner shall select the chair of the advisory committee\\nfrom among the members of such committee and shall designate an officer\\nor employee of the department to assist the marketplace advisory\\ncommittee in the performance of its duties under this section. The\\nMarketplace shall adopt rules for the governance of the advisory\\ncommittee, which shall meet as frequently as its business may require\\nand at such other times as determined by the chair to be necessary, in\\nconsultation with the executive director of the Marketplace.\\n 4. Members of the advisory committee shall serve without compensation\\nfor their services as members, but each shall be allowed the necessary\\nand actual expenses incurred in the performance of his or her duties\\nunder this section.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "268-G", "title" : "Funding of the Marketplace", "docType" : "SECTION", "publishedDates" : [ "2019-04-19" ], "docLevelId" : "268-G", "activeDate" : "2019-04-19", "sequenceNo" : 136, "repealedDate" : null, "fromSection" : "268-G", "toSection" : "268-G", "text" : " § 268-g. Funding of the Marketplace. 1. The Marketplace shall be\\nfunded by state and federal sources as authorized by applicable law,\\nincluding but not limited to applicable law authorizing the respective\\ninsurance affordability programs available through the Marketplace.\\n 2. The accounts of the Marketplace shall be subject to supervision of\\nthe comptroller and such accounts shall include receipts, expenditures,\\ncontracts and other matters which pertain to the fiscal soundness of the\\nMarketplace.\\n 3. Notwithstanding any law to the contrary, and in accordance with\\nsection four of the state finance law, upon request of the director of\\nthe budget, in consultation with the commissioner, the superintendent\\nand the executive director of the Marketplace, the comptroller is hereby\\nauthorized and directed to sub-allocate or transfer special revenue\\nfederal funds appropriated to the department for planning and\\nimplementing various healthcare and insurance reform initiatives\\nauthorized by applicable law. Marketplace moneys sub-allocated or\\ntransferred pursuant to this section shall be paid out of the fund upon\\naudit and warrant of the state comptroller on vouchers certified or\\napproved by the Marketplace.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "268-H", "title" : "Construction", "docType" : "SECTION", "publishedDates" : [ "2019-04-19" ], "docLevelId" : "268-H", "activeDate" : "2019-04-19", "sequenceNo" : 137, "repealedDate" : null, "fromSection" : "268-H", "toSection" : "268-H", "text" : " § 268-h. Construction. Nothing in this article, and no action taken by\\nthe Marketplace pursuant hereto, shall be construed to:\\n 1. preempt or supersede the authority of the superintendent or the\\ncommissioner; or\\n 2. exempt insurers, insurance producers or qualified health plans from\\nthis chapter or the insurance law and any regulations promulgated\\nthereunder.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 9 }, "repealed" : false } ], "size" : 16 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A2-A", "title" : "Prescription Drugs", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22", "2015-05-01", "2017-04-28", "2018-04-20", "2025-03-21" ], "docLevelId" : "2-A", "activeDate" : "2018-04-20", "sequenceNo" : 138, "repealedDate" : null, "fromSection" : "270", "toSection" : "281", "text" : " ARTICLE 2-A\\n PRESCRIPTION DRUGS\\nTitle I. Preferred drug and clinical drug review programs (§§\\n 270-277).\\n II. Prescription drugs; various provisions (§§ 278--280-c).\\n III. Prescription forms, electronic prescribing and language\\n assistance (§ 281).\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A2-AT1", "title" : "Preferred Drug and Clinical Drug Review Programs", "docType" : "TITLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1", "activeDate" : "2014-09-22", "sequenceNo" : 139, "repealedDate" : null, "fromSection" : "270", "toSection" : "277", "text" : " TITLE I\\n PREFERRED DRUG AND CLINICAL DRUG REVIEW PROGRAMS\\nSection 270. Definitions.\\n 272. Preferred drug program.\\n 273. Preferred drug program prior authorization.\\n 274. Clinical drug review program.\\n 275. Applicability of prior authorization to EPIC.\\n 276. Education and outreach.\\n 277. Review and reports.\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "270", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "270", "activeDate" : "2014-09-22", "sequenceNo" : 140, "repealedDate" : null, "fromSection" : "270", "toSection" : "270", "text" : " § 270. Definitions. As used in this article, unless the context\\nclearly requires otherwise:\\n 1. \"Administrator\" means an entity with which the commissioner\\ncontracts for the purpose of administering elements of the preferred\\ndrug program, as established under section two hundred seventy-two of\\nthis article or the clinical drug review program established under\\nsection two hundred seventy-four of this article.\\n 2. \"Board\" shall mean the drug utilization review board.\\n 3. \"Clinical drug review program\" means the clinical drug review\\nprogram created by section two hundred seventy-four of this article.\\n 4. \"Emergency condition\" means a medical or behavioral condition as\\ndetermined by the prescriber or pharmacists, the onset of which is\\nsudden, that manifests itself by symptoms of sufficient severity,\\nincluding severe pain, and for which delay in beginning treatment\\nprescribed by the patient's health care practitioner would result in:\\n (a) placing the health or safety of the person afflicted with such\\ncondition or other person or persons in serious jeopardy;\\n (b) serious impairment to such person's bodily functions;\\n (c) serious dysfunction of any bodily organ or part of such person;\\n (d) serious disfigurement of such person; or\\n (e) severe discomfort.\\n 5. \"Non preferred drug\" means a prescription drug that is included in\\nthe preferred drug program and is not one of the drugs on the preferred\\ndrug list because it is either: (a) in a therapeutic class that is\\nincluded in the preferred drug program and is not one of the drugs on\\nthe preferred drug list in that class or (b) manufactured by a\\npharmaceutical manufacturer with whom the commissioner is negotiating or\\nhas negotiated a manufacturer agreement and is not a preferred drug\\nunder a manufacturer agreement.\\n 6. \"Panel\" means the elderly pharmaceutical insurance coverage panel\\nestablished pursuant to section two hundred forty-four of the elder law.\\n 7. \"Preferred drug\" means a prescription drug that is either (a) in a\\ntherapeutic class that is included in the preferred drug program and is\\none of the drugs on the preferred drug list in that class or (b) a\\npreferred drug under a manufacturer agreement.\\n 8. \"Preferred drug program\" means the preferred drug program\\nestablished under section two hundred seventy-two of this article.\\n 9. \"Prescription drug\" or \"drug\" means a drug defined in subdivision\\nseven of section sixty-eight hundred two of the education law, for which\\na prescription is required under the federal food, drug and cosmetic\\nact. Any drug that does not require a prescription under such act, but\\nwhich would otherwise meet the criteria under this article for inclusion\\non the preferred drug list may be added to the preferred drug list under\\nthis article; and, if so included, shall be considered to be a\\nprescription drug for purposes of this article; provided that it shall\\nbe eligible for reimbursement under a state public health plan when\\nordered by a prescriber authorized to prescribe under the state public\\nhealth plan and the prescription is subject to the applicable provisions\\nof this article and paragraph (a) of subdivision four of section three\\nhundred sixty-five-a of the social services law.\\n 10. \"Prior authorization\" means a process requiring the prescriber or\\nthe dispenser to verify with the applicable state public health plan or\\nits authorized agent that the drug is appropriate for the needs of the\\nspecific patient.\\n 11. \"State public health plan\" means the medical assistance program\\nestablished by title eleven of article five of the social services law\\n(referred to in this article as \"Medicaid\"), the elderly pharmaceutical\\ninsurance coverage program established by title three of article two of\\nthe elder law (referred to in this article as \"EPIC\"), and the family\\nhealth plus program established by section three hundred sixty-nine-ee\\nof the social services law to the extent that section provides that the\\nprogram shall be subject to this article.\\n 12. \"Supplemental rebate\" means a supplemental rebate under\\nsubdivision eleven of section two hundred seventy-two of this article.\\n 13. \"Therapeutic class\" means a group of prescription drugs that\\nproduce a particular intended clinical outcome and are grouped together\\nas a therapeutic class by the pharmacy and therapeutics committee.\\n 14. \"Manufacturer agreement\" means an agreement between the\\ncommissioner and a pharmaceutical manufacturer under paragraph (b) of\\nsubdivision eleven of section two hundred seventy-two of this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "272", "title" : "Preferred drug program", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2024-05-03", "2024-10-04" ], "docLevelId" : "272", "activeDate" : "2014-09-22", "sequenceNo" : 141, "repealedDate" : null, "fromSection" : "272", "toSection" : "272", "text" : " § 272. Preferred drug program. 1. There is hereby established a\\npreferred drug program to promote access to the most effective\\nprescription drugs while reducing the cost of prescription drugs for\\npersons in state public health plans.\\n 2. When a prescriber prescribes a non-preferred drug, state public\\nhealth plan reimbursement shall be denied unless prior authorization is\\nobtained, unless no prior authorization is required under this article.\\n 3. The commissioner shall establish performance standards for the\\nprogram that, at a minimum, ensure that the preferred drug program and\\nthe clinical drug review program provide sufficient technical support\\nand timely responses to consumers, prescribers and pharmacists.\\n 4. Notwithstanding any other provision of law to the contrary, no\\npreferred drug program or prior authorization requirement for\\nprescription drugs, except as created by this article, paragraph (a-1)\\nor (a-2) of subdivision four of section three hundred sixty-five-a of\\nthe social services law, paragraph (g) of subdivision two of section\\nthree hundred sixty-five-a of the social services law, subdivision one\\nof section two hundred forty-one of the elder law and shall apply to the\\nstate public health plans.\\n 5. The drug utilization review board shall consider and make\\nrecommendations to the commissioner for the adoption of a preferred drug\\nprogram. (a) In developing the preferred drug program, the board shall,\\nwithout limitation: (i) identify therapeutic classes or drugs to be\\nincluded in the preferred drug program; (ii) identify preferred drugs in\\neach of the chosen therapeutic classes; (iii) evaluate the clinical\\neffectiveness and safety of drugs considering the latest peer-reviewed\\nresearch and may consider studies submitted to the federal food and drug\\nadministration in connection with its drug approval system; (iv)\\nconsider the potential impact on patient care and the potential fiscal\\nimpact that may result from making such a therapeutic class subject to\\nprior authorization; and (v) consider the potential impact of the\\npreferred drug program on the health of special populations such as\\nchildren, the elderly, the chronically ill, persons with HIV/AIDS and\\npersons with mental health conditions.\\n (b) In developing the preferred drug program, the board may consider\\npreferred drug programs or evidence based research operated or conducted\\nby or for other state governments, the federal government, or\\nmulti-state coalitions. Notwithstanding any inconsistent provision of\\nsection one hundred twelve or article eleven of the state finance law or\\nsection one hundred forty-two of the economic development law or any\\nother law, the department may enter into contractual agreements with the\\nOregon Health and Science University Drug Effectiveness Review Project\\nto provide technical and clinical support to the board and the\\ndepartment in researching and recommending drugs to be placed on the\\npreferred drug list.\\n (c) The board shall from time to time review all therapeutic classes\\nincluded in the preferred drug program, and may recommend that the\\ncommissioner add or delete drugs or classes of drugs to or from the\\npreferred drug program, subject to this subdivision.\\n (d) The board shall establish procedures to promptly review\\nprescription drugs newly approved by the federal food and drug\\nadministration.\\n 6. The board shall recommend a procedure and criteria for the approval\\nof non-preferred drugs as part of the prior authorization process. In\\ndeveloping these criteria, the board shall include consideration of the\\nfollowing:\\n (a) the preferred drug has been tried by the patient and has failed to\\nproduce the desired health outcomes;\\n (b) the patient has tried the preferred drug and has experienced\\nunacceptable side effects;\\n (c) the patient has been stabilized on a non-preferred drug and\\ntransition to the preferred drug would be medically contraindicated; and\\n (d) other clinical indications for the use of the non-preferred drug,\\nwhich shall include consideration of the medical needs of special\\npopulations, including children, the elderly, the chronically ill,\\npersons with mental health conditions, and persons affected by HIV/AIDS.\\n 7. The commissioner shall provide thirty days public notice on the\\ndepartment's website prior to any meeting of the board to develop\\nrecommendations concerning the preferred drug program. Such notice\\nregarding meetings of the board shall include a description of the\\nproposed therapeutic class to be reviewed, a listing of drug products in\\nthe therapeutic class, and the proposals to be considered by the board.\\nThe board shall allow interested parties a reasonable opportunity to\\nmake an oral presentation to the board related to the prior\\nauthorization of the therapeutic class to be reviewed. The board shall\\nconsider any information provided by any interested party, including,\\nbut not limited to, prescribers, dispensers, patients, consumers and\\nmanufacturers of the drug in developing their recommendations.\\n 8. The commissioner shall provide notice of any recommendations\\ndeveloped by the board regarding the preferred drug program, at least\\nfive days before any final determination by the commissioner, by making\\nsuch information available on the department's website. Such public\\nnotice may include: a summary of the deliberations of the board; a\\nsummary of the positions of those making public comments at meetings of\\nthe board; the response of the board to those comments, if any; and the\\nfindings and recommendations of the board.\\n 9. Within ten days of a final determination regarding the preferred\\ndrug program, the commissioner shall provide public notice on the\\ndepartment's website of such determinations, including: the nature of\\nthe determination; and analysis of the impact of the commissioner's\\ndetermination on state public health plan populations and providers; and\\nthe projected fiscal impact to the state public health plan programs of\\nthe commissioner's determination.\\n 10. The commissioner shall adopt a preferred drug program and\\namendments after considering the recommendations from the board and any\\ncomments received from prescribers, dispensers, patients, consumers and\\nmanufacturers of the drug.\\n (a) The preferred drug list in any therapeutic class included in the\\npreferred drug program shall be developed based initially on an\\nevaluation of the clinical effectiveness, safety and patient outcomes,\\nfollowed by consideration of the cost-effectiveness of the drugs.\\n (b) In each therapeutic class included in the preferred drug program,\\nthe board shall determine whether there is one drug which is\\nsignificantly more clinically effective and safe, and that drug shall be\\nincluded on the preferred drug list without consideration of cost. If,\\namong two or more drugs in a therapeutic class, the difference in\\nclinical effectiveness and safety is not clinically significant, then\\ncost effectiveness (including price and supplemental rebates) may also\\nbe considered in determining which drug or drugs shall be included on\\nthe preferred drug list.\\n (c) In addition to drugs selected under paragraph (b) of this\\nsubdivision, any prescription drug in the therapeutic class, whose cost\\nto the state public health plans (including net price and supplemental\\nrebates) is equal to or less than the cost of another drug in the\\ntherapeutic class that is on the preferred drug list under paragraph (b)\\nof this subdivision, may be selected to be on the preferred drug list,\\nbased on clinical effectiveness, safety and cost-effectiveness.\\n (d) Notwithstanding any provision of this section to the contrary, the\\ncommissioner may designate therapeutic classes of drugs, including\\nclasses with only one drug, as all preferred prior to any review that\\nmay be conducted by the board pursuant to this section.\\n 11. (a) The commissioner shall provide an opportunity for\\npharmaceutical manufacturers to provide supplemental rebates to the\\nstate public health plans for drugs within a therapeutic class; such\\nsupplemental rebates shall be taken into consideration by the board and\\nthe commissioner in determining the cost-effectiveness of drugs within a\\ntherapeutic class under the state public health plans.\\n (b) The commissioner may designate a pharmaceutical manufacturer as\\none with whom the commissioner is negotiating or has negotiated a\\nmanufacturer agreement, and all of the drugs it manufactures or markets\\nshall be included in the preferred drug program. The commissioner may\\nnegotiate directly with a pharmaceutical manufacturer for rebates\\nrelating to any or all of the drugs it manufactures or markets. A\\nmanufacturer agreement shall designate any or all of the drugs\\nmanufactured or marketed by the pharmaceutical manufacturer as being\\npreferred or non preferred drugs. When a pharmaceutical manufacturer has\\nbeen designated by the commissioner under this paragraph but the\\ncommissioner has not reached a manufacturer agreement with the\\npharmaceutical manufacturer, then the commissioner may designate some or\\nall of the drugs manufactured or marketed by the pharmaceutical\\nmanufacturer as non preferred drugs. However, notwithstanding this\\nparagraph, any drug that is selected to be on the preferred drug list\\nunder paragraph (b) of subdivision ten of this section on grounds that\\nit is significantly more clinically effective and safer than other drugs\\nin its therapeutic class shall be a preferred drug.\\n (c) Supplemental rebates under this subdivision shall be in addition\\nto those required by applicable federal law and subdivision seven of\\nsection three hundred sixty-seven-a of the social services law. In order\\nto be considered in connection with the preferred drug program, such\\nsupplemental rebates shall apply to the drug products dispensed under\\nthe Medicaid program and the EPIC program. The commissioner is\\nprohibited from approving alternative rebate demonstrations, value added\\nprograms or guaranteed savings from other program benefits as a\\nsubstitution for supplemental rebates.\\n 13. The commissioner may implement all or a portion of the preferred\\ndrug program through contracts with administrators with expertise in\\nmanagement of pharmacy services, subject to applicable laws.\\n 14. For a period of eighteen months, commencing with the date of\\nenactment of this article, and without regard to the preferred drug\\nprogram or the clinical drug review program requirements of this\\narticle, the commissioner is authorized to implement, or continue, a\\nprior authorization requirement for a drug which may not be dispensed\\nwithout a prescription as required by section sixty-eight hundred ten of\\nthe education law, for which there is a non-prescription version within\\nthe same drug class, or for which there is a comparable non-prescription\\nversion of the same drug. Any such prior authorization requirement shall\\nbe implemented in a manner that is consistent with the process employed\\nby the commissioner for such authorizations as of one day prior to the\\ndate of enactment of this article. At the conclusion of the eighteen\\nmonth period, any such drug or drug class shall be subject to the\\npreferred drug program requirements of this article; provided, however,\\nthat the commissioner is authorized to immediately subject any such drug\\nto prior authorization without regard to the provisions of subdivisions\\nfive through eleven of this section.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "273", "title" : "Preferred drug program prior authorization", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2016-07-01", "2020-04-17", "2021-12-24", "2022-04-01", "2026-06-05" ], "docLevelId" : "273", "activeDate" : "2016-07-01", "sequenceNo" : 142, "repealedDate" : null, "fromSection" : "273", "toSection" : "273", "text" : " § 273. Preferred drug program prior authorization. 1. For the purposes\\nof this article, a prescription drug shall be considered to be not on\\nthe preferred drug list if it is a non preferred drug.\\n 2. The preferred drug program shall make available a twenty-four hour\\nper day, seven days per week telephone call center that includes a\\ntoll-free telephone line and dedicated facsimile line to respond to\\nrequests for prior authorization. The call center shall include\\nqualified health care professionals who shall be available to consult\\nwith prescribers concerning prescription drugs that are not on the\\npreferred drug list. A prescriber seeking prior authorization shall\\nconsult with the program call line to reasonably present his or her\\njustification for the prescription and give the program's qualified\\nhealth care professional a reasonable opportunity to respond.\\n 3. (a) When a patient's health care provider prescribes a prescription\\ndrug that is not on the preferred drug list, the prescriber shall\\nconsult with the program to confirm that in his or her reasonable\\nprofessional judgment, the patient's clinical condition is consistent\\nwith the criteria for approval of the non-preferred drug. Such criteria\\nshall include:\\n (i) the preferred drug has been tried by the patient and has failed to\\nproduce the desired health outcomes;\\n (ii) the patient has tried the preferred drug and has experienced\\nunacceptable side effects;\\n (iii) the patient has been stabilized on a non-preferred drug and\\ntransition to the preferred drug would be medically contraindicated; or\\n (iv) other clinical indications identified by the committee for the\\npatient's use of the non-preferred drug, which shall include\\nconsideration of the medical needs of special populations, including\\nchildren, elderly, chronically ill, persons with mental health\\nconditions, and persons affected by HIV/AIDS.\\n (b) In the event that the patient does not meet the criteria in\\nparagraph (a) of this subdivision, the prescriber may provide additional\\ninformation to the program to justify the use of a prescription drug\\nthat is not on the preferred drug list. The program shall provide a\\nreasonable opportunity for a prescriber to reasonably present his or her\\njustification of prior authorization. If, after consultation with the\\nprogram, the prescriber, in his or her reasonable professional judgment,\\ndetermines that the use of a prescription drug that is not on the\\npreferred drug list is warranted, the prescriber's determination shall\\nbe final.\\n (c) If a prescriber meets the requirements of paragraph (a) or (b) of\\nthis subdivision, the prescriber shall be granted prior authorization\\nunder this section.\\n (d) In the instance where a prior authorization determination is not\\ncompleted within twenty-four hours of the original request, solely as\\nthe result of a failure of the program (whether by action or inaction),\\nprior authorization shall be immediately and automatically granted with\\nno further action by the prescriber and the prescriber shall be notified\\nof this determination. In the instance where a prior authorization\\ndetermination is not completed within twenty-four hours of the original\\nrequest for any other reason, a seventy-two hour supply of the\\nmedication shall be approved by the program and the prescriber shall be\\nnotified of this determination.\\n 4. When, in the judgment of the prescriber or the pharmacist, an\\nemergency condition exists, and the prescriber or pharmacist notifies\\nthe program that an emergency condition exists, a seventy-two hour\\nemergency supply of the drug prescribed shall be immediately authorized\\nby the program.\\n 5. In the event that a patient presents a prescription to a pharmacist\\nfor a prescription drug that is not on the preferred drug list and for\\nwhich the prescriber has not obtained a prior authorization, the\\npharmacist shall, within a prompt period based on professional judgment,\\nnotify the prescriber. The prescriber shall, within a prompt period\\nbased on professional judgment, either seek prior authorization or shall\\ncontact the pharmacist and amend or cancel the prescription. The\\npharmacist shall, within a prompt period based on professional judgment,\\nnotify the patient when prior authorization has been obtained or denied\\nor when the prescription has been amended or cancelled.\\n 6. Once prior authorization of a prescription for a drug that is not\\non the preferred drug list is obtained, prior authorization shall not be\\nrequired for any refill of the prescription.\\n 7. No prior authorization under the preferred drug program shall be\\nrequired when a prescriber prescribes a drug on the preferred drug list;\\nprovided, however, that the commissioner may identify such a drug for\\nwhich prior authorization is required pursuant to the provisions of the\\nclinical drug review program established under section two hundred\\nseventy-four of this article.\\n 8. The department shall monitor the prior authorization process for\\nprescribing patterns which are suspected of endangering the health and\\nsafety of the patient or which demonstrate a likelihood of fraud or\\nabuse. The department shall take any and all actions otherwise permitted\\nby law to investigate such prescribing patterns, to take remedial action\\nand to enforce applicable federal and state laws.\\n 9. No prior authorization under the preferred drug program shall be\\nrequired for any prescription under EPIC until the panel has made prior\\nauthorization applicable to EPIC under section two hundred seventy-five\\nof this article.\\n 10. Prior authorization shall not be required for an initial or\\nrenewal prescription for buprenorphine or injectable naltrexone for\\ndetoxification or maintenance treatment of opioid addiction unless the\\nprescription is for a non-preferred or non-formulary form of such drug\\nas otherwise required by section 1927(k)(6) of the Social Security Act.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "274", "title" : "Clinical drug review program", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "274", "activeDate" : "2014-09-22", "sequenceNo" : 143, "repealedDate" : null, "fromSection" : "274", "toSection" : "274", "text" : " § 274. Clinical drug review program. 1. In addition to the preferred\\ndrug program established by this article, the commissioner may establish\\na clinical drug review program. The commissioner may, from time to time,\\nrequire prior authorization under such program for prescription drugs or\\npatterns of utilization under state public health plans. When a\\nprescriber prescribes a drug which requires prior authorization under\\nthis section, state public health plan reimbursement shall be denied\\nunless such prior authorization is obtained.\\n 2. The clinical drug review program shall make available a twenty-four\\nhour per day, seven days per week response system.\\n 3. In establishing a prior authorization requirement for a drug under\\nthe clinical drug review program, the commissioner shall consider the\\nfollowing:\\n (a) whether the drug requires monitoring of prescribing protocols to\\nprotect both the long-term efficacy of the drug and the public health;\\n (b) the potential for, or a history of, overuse, abuse, drug diversion\\nor illegal utilization; and\\n (c) the potential for, or a history of, utilization inconsistent with\\napproved indications. Where the commissioner finds that a drug meets at\\nleast one of these criteria, in determining whether to make the drug\\nsubject to prior authorization under the clinical drug review program,\\nthe commissioner shall consider whether similarly effective alternatives\\nare available for the same disease state and the effect of that\\navailability or lack of availability.\\n 4. The commissioner shall obtain an evaluation of the factors set\\nforth in subdivision three of this section and a recommendation as to\\nthe establishment of a prior authorization requirement for a drug under\\nthe clinical drug review program from the drug utilization review board.\\nFor this purpose, the commissioner and the board, as applicable, shall\\ncomply with the following meeting and notice processes established by\\nthis article:\\n (a) the open meetings law and freedom of information law provisions of\\nsubdivision six of section two hundred seventy-one of this article; and\\n (b) the public notice and interested party provisions of subdivisions\\nseven, eight and nine of section two hundred seventy-two of this\\narticle.\\n 5. The board shall recommend a procedure and criteria for the approval\\nof drugs subject to prior authorization under the clinical drug review\\nprogram. Such criteria shall include the specific approved clinical\\nindications for use of the drug.\\n 6. The commissioner shall identify a drug for which prior\\nauthorization is required, as well as the procedures and criteria for\\napproval of use of the drug, under the clinical drug review program\\nafter considering the recommendations from the board and any comments\\nreceived from prescribers, dispensers, consumers and manufacturers of\\nthe drug. In no event shall the prior authorization criteria for\\napproval pursuant to this subdivision result in denial of the prior\\nauthorization request based on the relative cost of the drug subject to\\nprior authorization.\\n 7. In the event that the patient does not meet the criteria for\\napproval established by the commissioner in subdivision six of this\\nsection, the clinical drug review program shall provide a reasonable\\nopportunity for a prescriber to reasonably present his or her\\njustification for prior authorization. If, after consultation with the\\nprogram, the prescriber, in his or her reasonable professional judgment,\\ndetermines that the use of the prescription drug is warranted, the\\nprescriber's determination shall be final and prior authorization shall\\nbe granted under this section; provided, however, that prior\\nauthorization may be denied in cases where the department has\\nsubstantial evidence that the prescriber or patient is engaged in fraud\\nor abuse relating to the drug.\\n 8. In the event that a patient presents a prescription to a pharmacist\\nfor a prescription drug that requires prior authorization under this\\nsection and for which prior authorization has not been obtained, the\\npharmacist shall, within a prompt period based on professional judgment,\\nnotify the prescriber. The prescriber shall, within a prompt period\\nbased on professional judgment, either seek prior authorization or shall\\ncontact the pharmacist and amend or cancel the prescription. The\\npharmacist shall, within a prompt period based on professional judgment,\\nnotify the patient when prior authorization has been obtained or denied\\nor when the prescription has been amended or cancelled.\\n 9. In the instance where a prior authorization determination is not\\ncompleted within twenty-four hours of the original request solely as the\\nresult of a failure of the program (whether by action or inaction),\\nprior authorization shall be immediately and automatically granted\\nwithout further action by the prescriber and the prescriber shall be\\nnotified of this determination. In the instance where a prior\\nauthorization determination is not completed within twenty-four hours of\\nthe original request for any other reason, a seventy-two hour supply of\\nthe medication will be approved by the program and the prescriber shall\\nbe notified of the determination.\\n 10. When, in the judgment of the prescriber or the pharmacist, an\\nemergency condition exists, and the prescriber or pharmacist notifies\\nthe program to confirm that such an emergency condition exists, a\\nseventy-two hour emergency supply of the drug prescribed shall be\\nimmediately authorized by the program.\\n 11. The department or the panel shall monitor the prior authorization\\nprocess for prescribing patterns which are suspected of endangering the\\nhealth and safety of the patient or which demonstrate a likelihood of\\nfraud or abuse. The department or the panel shall take any and all\\nactions otherwise permitted by law to investigate such prescribing\\npatterns, to take remedial action and to enforce applicable federal and\\nstate laws.\\n 12. The commissioner may implement all or a portion of the clinical\\ndrug review program through contracts with administrators with expertise\\nin management of pharmacy services, subject to applicable laws.\\n 13. No prior authorization under the clinical drug review program\\nshall be required for any prescription under EPIC until the commissioner\\nhas made prior authorization applicable to EPIC under section two\\nhundred seventy-five of this article.\\n 14. For the period of eighteen months, commencing with the date of\\nenactment of this article, the commissioner is authorized to continue\\nprior authorization requirements for prescription drugs subject to prior\\nauthorization as of one day prior to the enactment of this article and\\nwhich are not described in subdivision fourteen of section two hundred\\nseventy-two of this article. At the conclusion of the eighteen month\\nperiod, any such drug shall be subject to the clinical drug review\\nprogram requirements of this section; provided, however, that the\\ncommissioner is authorized to immediately subject any such drug to prior\\nauthorization without regard to the provisions of subdivisions three\\nthrough six of this section.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "275", "title" : "Applicability of prior authorization to EPIC", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "275", "activeDate" : "2014-09-22", "sequenceNo" : 144, "repealedDate" : null, "fromSection" : "275", "toSection" : "275", "text" : " § 275. Applicability of prior authorization to EPIC. The panel shall,\\nno later than April first, two thousand eight, proceed to make prior\\nauthorization under the preferred drug program and the clinical review\\ndrug program, under this article, applicable to prescriptions under\\nEPIC. The panel shall take necessary actions consistent with this\\narticle to apply prior authorization under this article to EPIC. Upon\\ndetermining that the necessary steps have been taken to apply prior\\nauthorization under this article to EPIC, the panel shall, with\\nreasonable prior public notice, make prescriptions under EPIC subject to\\nprior authorization under this article as of a specified date. If\\nnecessary, the panel may provide that such applicability take effect on\\nseparate dates for the preferred drug program and the clinical drug\\nreview program.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "276", "title" : "Education and outreach", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "276", "activeDate" : "2014-09-22", "sequenceNo" : 145, "repealedDate" : null, "fromSection" : "276", "toSection" : "276", "text" : " § 276. Education and outreach. The department or the panel may conduct\\neducation and outreach programs for consumers and health care providers\\nrelating to the safe, therapeutic and cost-effective use of prescription\\ndrugs and appropriate treatment practices for containing prescription\\ndrug costs. The department or the panel shall provide information as to\\nhow prescribers, pharmacists, patients and other interested parties can\\nobtain information regarding drugs included on the preferred drug list,\\nwhether any change has been made to the preferred drug list since it was\\nlast issued, and the process by which prior authorization may be\\nobtained.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "277", "title" : "Review and reports", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "277", "activeDate" : "2014-09-22", "sequenceNo" : 146, "repealedDate" : null, "fromSection" : "277", "toSection" : "277", "text" : " § 277. Review and reports. 1. The commissioner, in consultation with\\nthe drug utilization review board, shall undertake periodic reviews, at\\nleast annually, of the preferred drug program which shall include\\nconsideration of:\\n (a) the volume of prior authorizations being handled, including data\\non the number and characteristics of prior authorization requests for\\nparticular prescription drugs;\\n (b) the quality of the program's responsiveness, including the quality\\nof the administrator's responsiveness;\\n (c) complaints received from patients and providers;\\n (d) the savings attributable to the state, and to each county and the\\ncity of New York, due to the provisions of this article;\\n (e) the aggregate amount of supplemental rebates received in the\\nprevious fiscal year and in the current fiscal year, to date; and such\\namounts are to be broken out by fiscal year and by month;\\n (f) the education and outreach program established by section two\\nhundred seventy-six of this article.\\n 2. The commissioner and the board shall, beginning March thirty-first,\\ntwo thousand six and annually thereafter, submit a report to the\\ngovernor and the legislature concerning each of the items subject to\\nperiodic review under subdivision one of this section.\\n 3. The commissioner and the board shall, beginning with the\\ncommencement of the preferred drug program and monthly thereafter,\\nsubmit a report to the governor and the legislature concerning the\\namount of supplemental rebates received.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 7 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A2-AT2", "title" : "Prescription Drugs; Various Provisions", "docType" : "TITLE", "publishedDates" : [ "2014-09-22", "2015-05-01", "2015-12-18", "2016-12-02", "2017-04-28", "2018-04-20", "2021-02-05", "2021-06-18", "2022-01-07", "2023-03-10", "2025-03-21" ], "docLevelId" : "2", "activeDate" : "2018-04-20", "sequenceNo" : 147, "repealedDate" : null, "fromSection" : "278", "toSection" : "280-C", "text" : " TITLE II\\n PRESCRIPTION DRUGS; VARIOUS PROVISIONS\\nSection 278. Prescription drug retail price lists.\\n 279. Prescriber education.\\n 280. Medicaid drug cap.\\n 280-a. Pharmacy benefit managers.\\n 280-b. Unused prescription drug donation and redispensing\\n program.\\n 280-c. Pharmacy audits by pharmacy benefit managers.\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "278", "title" : "Prescription drug retail price lists", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "278", "activeDate" : "2014-09-22", "sequenceNo" : 148, "repealedDate" : null, "fromSection" : "278", "toSection" : "278", "text" : " § 278. Prescription drug retail price lists. 1. The department shall\\nmake prescription drug retail price lists of pharmacies, with the name\\nand address of each pharmacy, available to the public in a database on\\nits website at all times. The website shall enable consumers to search\\nthe database for drug retail prices of pharmacies selected by zip code\\nof the pharmacy and other appropriate factors, including enabling\\nconsumers to display and compare prices for one or more selected drugs\\nas well as for the full list. The website shall enable consumers to\\ndownload and print displayed information. The website shall accommodate\\nreasonably anticipated and actual public use of the database. The\\ndatabase shall display drug retail prices for the compendium of the one\\nhundred fifty most frequently prescribed drugs received by the\\ndepartment from the department of education under section sixty-eight\\nhundred twenty-six of the education law.\\n 2. The department shall extract pharmacy retail price information,\\nshowing the actual price to be paid to the pharmacy by a retail\\npurchaser for any listed drug at the listed dosage, from usual and\\ncustomary price data collected by the medical assistance program under\\ntitle eleven of article five of the social services law. Provided,\\nhowever, that any pharmacy participating in the medical assistance\\nprogram shall provide the usual and customary price data for the one\\nhundred fifty most frequently prescribed drugs under section sixty-eight\\nhundred twenty-six of the education law to the department through the\\nsame mechanism that the usual and customary price data is received under\\nthe medical assistance program. If the department is unable to process\\nsuch data, the pharmacy shall fax or electronically transmit to the\\ndepartment the usual and customary price data for the one hundred fifty\\nmost frequently prescribed drugs under section sixty-eight hundred\\ntwenty-six of the education law. The prescription drug retail price list\\ndatabase shall be subject to and conform with applicable state and\\nfederal requirements, including those concerning privacy,\\nconfidentiality and use of information. The commissioner shall seek a\\nwaiver of any federal requirement necessary for development and\\nimplementation of the database under this section. Upon implementation\\nof this system, this section shall apply in place of any inconsistent\\nprovision of section sixty-eight hundred twenty-six of the education\\nlaw. The prescription drug retail price list database on the\\ndepartment's website shall list a pharmacy's price information extracted\\nunder this subdivision as the pharmacy's retail price for each drug. The\\ndepartment shall update the prescription drug retail price list at least\\nweekly using the most recent retail price for each drug for each\\npharmacy as reasonably practicable.\\n 2-a. Pharmacies which do not provide usual and customary price data in\\nthe manner specified in subdivision two of this section shall transmit\\nthe drug retail price list compiled pursuant to section sixty-eight\\nhundred twenty-six of the education law to the department in a manner\\nand frequency prescribed by the department and the department shall\\nextract the usual and customary price data information from such drug\\nretail price list; provided that the commissioner may exempt any\\ncategory of pharmacy not required to compile such list pursuant to\\nsection sixty-eight hundred twenty-six of the education law.\\n 3. The prescription drug retail price list database on the\\ndepartment's website shall contain an advisory statement by the\\ndepartment alerting consumers of the need to tell their health care\\npractitioner and pharmacist about all the medications they may be taking\\nand to ask them how to avoid harmful interactions between the drugs, if\\nany. A pharmacy may submit to the department a brief statement,\\nacceptable to the department, to be included on the website in\\nconjunction with the pharmacy's prescription drug retail price\\ninformation: (a) concerning discounts from its listed retail prices that\\nmay be available to consumers and (b) any limitations that the pharmacy\\nmay have as to what group or groups of customers it serves.\\n 4. In developing and implementing the prescription drug retail price\\nlist database system, the department may seek and shall receive the\\nassistance of the departments of education and law.\\n 5. The commissioner shall provide an interim progress report\\nconcerning efforts to develop and implement the database system under\\nthis section not later than January thirty-first, two thousand six. The\\nreport shall include a projected completion date, a description of\\nobstacles to development and implementation of the database system, and\\nan estimate of the costs to complete the implementation of the database\\nsystem.\\n 6. As used in this section, \"pharmacy\" means any place in which drugs\\nor prescriptions are possessed for the purpose of retailing, or in which\\ndrugs or prescriptions are retailed, or in which drugs or prescriptions\\nare by advertising or otherwise offered for sale at retail.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "279", "title" : "Prescriber education", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "279", "activeDate" : "2014-09-22", "sequenceNo" : 149, "repealedDate" : null, "fromSection" : "279", "toSection" : "279", "text" : " § 279. Prescriber education. The department shall develop in\\ncollaboration with an academic institution a program designed to provide\\nprescribers with an evidence-based, non-commercial source of the latest\\nobjective information about pharmaceuticals. Information shall be\\npresented to prescribers by specially-trained pharmacists, nurses or\\nother health professionals to assist the prescriber in making\\nappropriate therapeutic recommendations.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "280", "title" : "Medicaid drug cap", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-05-01", "2017-04-28", "2018-04-20", "2019-04-19", "2020-04-17", "2024-05-03", "2024-10-04" ], "docLevelId" : "280", "activeDate" : "2019-04-19", "sequenceNo" : 150, "repealedDate" : null, "fromSection" : "280", "toSection" : "280", "text" : " § 280. Medicaid drug cap. 1. The legislature hereby finds and declares\\nthat there is a significant public interest for the Medicaid program to\\nmanage drug costs in a manner that ensures patient access while\\nproviding financial stability for the state and participating providers.\\nSince two thousand eleven, the state has taken significant steps to\\ncontain costs in the Medicaid program by imposing a statutory limit on\\nannual growth. Drug expenditures, however, continually outpace other\\ncost components causing significant pressure on the state, providers,\\nand patient access operating under the Medicaid global cap. It is\\ntherefore intended that the department establish a Medicaid drug cap as\\na separate component within the Medicaid global cap as part of a focused\\nand sustained effort to balance the growth of drug expenditures with the\\ngrowth of total Medicaid expenditures.\\n 2. The commissioner shall establish a year to year department of\\nhealth state funds Medicaid drug expenditure growth target as follows:\\n (a) for state fiscal year two thousand seventeen--two thousand\\neighteen, be limited to the ten-year rolling average of the medical\\ncomponent of the consumer price index plus five percent and minus a\\npharmacy savings target of fifty-five million dollars; and\\n (b) for state fiscal year two thousand eighteen--two thousand\\nnineteen, be limited to the ten-year rolling average of the medical\\ncomponent of the consumer price index plus four percent and minus a\\npharmacy savings target of eighty-five million dollars;\\n (c) for state fiscal year two thousand nineteen--two thousand twenty,\\nbe limited to the ten-year rolling average of the medical component of\\nthe consumer price index plus four percent and minus a pharmacy savings\\ntarget of eighty-five million dollars; and\\n (d) for state fiscal year two thousand twenty--two thousand\\ntwenty-one, be limited to the ten-year rolling average of the medical\\ncomponent of the consumer price index plus four percent and minus a\\npharmacy savings target of eighty-five million dollars.\\n 3. The department and the division of the budget shall assess on a\\nquarterly basis the projected total amount to be expended in the year on\\na cash basis by the Medicaid program for each drug, and the projected\\nannual amount of state funds Medicaid drug expenditures on a cash basis\\nfor all drugs, which shall be a component of the projected department of\\nhealth state funds Medicaid expenditures calculated for purposes of\\nsections ninety-one and ninety-two of part H of chapter fifty-nine of\\nthe laws of two thousand eleven. For purposes of this section, state\\nfunds Medicaid drug expenditures include amounts expended for drugs in\\nboth the Medicaid fee-for-service program and Medicaid managed care\\nprograms, minus the amount of any drug rebates or supplemental drug\\nrebates received by the department, including rebates pursuant to\\nsubdivision five of this section with respect to rebate targets. The\\ndepartment and the division of the budget shall report in December of\\neach year, for the prior April through October, to the drug utilization\\nreview board the projected state funds Medicaid drug expenditures\\nincluding the amounts, in aggregate thereof, attributable to the net\\ncost of: changes in the utilization of drugs by Medicaid recipients;\\nchanges in the number of Medicaid recipients; changes to the cost of\\nbrand name drugs and changes to the cost of generic drugs. The\\ninformation contained in the report shall not be publicly released in a\\nmanner that allows for the identification of an individual drug or\\nmanufacturer or that is likely to compromise the financial competitive,\\nor proprietary nature of the information.\\n (a) In the event the director of the budget determines, based on\\nMedicaid drug expenditures for the previous quarter or other relevant\\ninformation, that the total department of health state funds Medicaid\\ndrug expenditure is projected to exceed the annual growth limitation\\nimposed by subdivision two of this section, the commissioner may\\nidentify and refer drugs to the drug utilization review board\\nestablished by section three hundred sixty-nine-bb of the social\\nservices law for a recommendation as to whether a target supplemental\\nMedicaid rebate should be paid by the manufacturer of the drug to the\\ndepartment and the target amount of the rebate.\\n (b) If the department intends to refer a drug to the drug utilization\\nreview board pursuant to paragraph (a) of this subdivision, the\\ndepartment shall notify the manufacturer of such drug and shall attempt\\nto reach agreement with the manufacturer on a rebate for the drug prior\\nto referring the drug to the drug utilization review board for review.\\nSuch rebate may be based on evidence-based research, including, but not\\nlimited to, such research operated or conducted by or for other state\\ngovernments, the federal government, the governments of other nations,\\nand third party payers or multi-state coalitions, provided however that\\nthe department shall account for the effectiveness of the drug in\\ntreating the conditions for which it is prescribed or in improving a\\npatient's health, quality of life, or overall health outcomes, and the\\nlikelihood that use of the drug will reduce the need for other medical\\ncare, including hospitalization.\\n (c) In the event that the commissioner and the manufacturer have\\npreviously agreed to a supplemental rebate for a drug pursuant to\\nparagraph (b) of this subdivision or paragraph (e) of subdivision seven\\nof section three hundred sixty-seven-a of the social services law, the\\ndrug shall not be referred to the drug utilization review board for any\\nfurther supplemental rebate for the duration of the previous rebate\\nagreement, provided however, the commissioner may refer a drug to the\\ndrug utilization review board if the commissioner determines there are\\nsignificant and substantiated utilization or market changes, new\\nevidence-based research, or statutory or federal regulatory changes that\\nwarrant additional rebates. In such cases, the department shall notify\\nthe manufacturer and provide evidence of the changes or research that\\nwould warrant additional rebates, and shall attempt to reach agreement\\nwith the manufacturer on a rebate for the drug prior to referring the\\ndrug to the drug utilization review board for review.\\n (d) The department shall consider a drug's actual cost to the state,\\nincluding current rebate amounts, prior to seeking an additional rebate\\npursuant to paragraph (b) or (c) of this subdivision.\\n (e) The commissioner shall be authorized to take the actions described\\nin this section only so long as total Medicaid drug expenditures are\\nprojected to exceed the annual growth limitation imposed by subdivision\\ntwo of this section.\\n 4. In determining whether to recommend a target supplemental rebate\\nfor a drug, the drug utilization review board shall consider the actual\\ncost of the drug to the Medicaid program, including federal and state\\nrebates, and may consider, among other things:\\n (a) the drug's impact on the Medicaid drug spending growth target and\\nthe adequacy of capitation rates of participating Medicaid managed care\\nplans, and the drug's affordability and value to the Medicaid program;\\nor\\n (b) significant and unjustified increases in the price of the drug; or\\n (c) whether the drug may be priced disproportionately to its\\ntherapeutic benefits.\\n 5. (a) If the drug utilization review board recommends a target rebate\\namount on a drug referred by the commissioner, the department shall\\nnegotiate with the drug's manufacturer for a supplemental rebate to be\\npaid by the manufacturer in an amount not to exceed such target rebate\\namount. A rebate requirement shall apply beginning with the first day of\\nthe state fiscal year during which the rebate was required without\\nregard to the date the department enters into the rebate agreement with\\nthe manufacturer.\\n (b) The supplemental rebate required by paragraph (a) of this\\nsubdivision shall apply to drugs dispensed to enrollees of managed care\\nproviders pursuant to section three hundred sixty-four-j of the social\\nservices law and to drugs dispensed to Medicaid recipients who are not\\nenrollees of such providers.\\n (c) If the drug utilization review board recommends a target rebate\\namount for a drug and the department is unable to negotiate a rebate\\nfrom the manufacturer in an amount that is at least seventy-five percent\\nof the target rebate amount, the commissioner is authorized to waive the\\nprovisions of paragraph (b) of subdivision three of section two hundred\\nseventy-three of this article and the provisions of subdivisions\\ntwenty-five and twenty-five-a of section three hundred sixty-four-j of\\nthe social services law with respect to such drug; however, this waiver\\nshall not be implemented in situations where it would prevent access by\\na Medicaid recipient to a drug which is the only treatment for a\\nparticular disease or condition. Under no circumstances shall the\\ncommissioner be authorized to waive such provisions with respect to more\\nthan two drugs in a given time.\\n (d) Where the department and a manufacturer enter into a rebate\\nagreement pursuant to this section, which may be in addition to existing\\nrebate agreements entered into by the manufacturer with respect to the\\nsame drug, no additional rebates shall be required to be paid by the\\nmanufacturer to a managed care provider or any of a managed care\\nprovider's agents, including but not limited to any pharmacy benefit\\nmanager, while the department is collecting the rebate pursuant to this\\nsection.\\n (e) In formulating a recommendation concerning a target rebate amount\\nfor a drug, the drug utilization review board may consider:\\n (i) publicly available information relevant to the pricing of the\\ndrug;\\n (ii) information supplied by the department relevant to the pricing of\\nthe drug;\\n (iii) information relating to value-based pricing provided, however,\\nif the department directly invites any third party to provide\\ncost-effectiveness analysis or research related to value-based pricing,\\nand the department receives and considers such analysis or research for\\nuse by the board, such third party shall disclose any funding sources.\\nThe department shall, if reasonably possible, make publicly available\\nthe following documents in its possession that it relies upon to provide\\ncost effectiveness analyses or research related to value-based pricing:\\n(A) descriptions of underlying methodologies; (B) assumptions and\\nlimitations of research findings; and (C) if available, data that\\npresents results in a way that reflects different outcomes for affected\\nsubpopulations;\\n (iv) the seriousness and prevalence of the disease or condition that\\nis treated by the drug;\\n (v) the extent of utilization of the drug;\\n (vi) the effectiveness of the drug in treating the conditions for\\nwhich it is prescribed, or in improving a patient's health, quality of\\nlife, or overall health outcomes;\\n (vii) the likelihood that use of the drug will reduce the need for\\nother medical care, including hospitalization;\\n (viii) the average wholesale price, wholesale acquisition cost, retail\\nprice of the drug, and the cost of the drug to the Medicaid program\\nminus rebates received by the state;\\n (ix) in the case of generic drugs, the number of pharmaceutical\\nmanufacturers that produce the drug;\\n (x) whether there are pharmaceutical equivalents to the drug; and\\n (xi) information supplied by the manufacturer, if any, explaining the\\nrelationship between the pricing of the drug and the cost of development\\nof the drug and/or the therapeutic benefit of the drug, or that is\\notherwise pertinent to the manufacturer's pricing decision; any such\\ninformation provided shall be considered confidential and shall not be\\ndisclosed by the drug utilization review board in a form that identifies\\na specific manufacturer or prices charged for drugs by such\\nmanufacturer.\\n 6. (a) If the drug utilization review board recommends a target rebate\\namount and the department is unsuccessful in entering into a rebate\\nagreement with the manufacturer of the drug satisfactory to the\\ndepartment, the drug manufacturer shall in that event be required to\\nprovide to the department, on a standard reporting form developed by the\\ndepartment, the following information:\\n (i) the actual cost of developing, manufacturing, producing (including\\nthe cost per dose of production), and distributing the drug;\\n (ii) research and development costs of the drug, including payments to\\npredecessor entities conducting research and development, such as\\nbiotechnology companies, universities and medical schools, and private\\nresearch institutions;\\n (iii) administrative, marketing, and advertising costs for the drug,\\napportioned by marketing activities that are directed to consumers,\\nmarketing activities that are directed to prescribers, and the total\\ncost of all marketing and advertising that is directed primarily to\\nconsumers and prescribers in New York, including but not limited to\\nprescriber detailing, copayment discount programs, and\\ndirect-to-consumer marketing;\\n (iv) the extent of utilization of the drug;\\n (v) prices for the drug that are charged to purchasers outside the\\nUnited States;\\n (vi) prices charged to typical purchasers in the state, including but\\nnot limited to pharmacies, pharmacy chains, pharmacy wholesalers, or\\nother direct purchasers;\\n (vii) the average rebates and discounts provided per payer type in the\\nState; and\\n (viii) the average profit margin of each drug over the prior five-year\\nperiod and the projected profit margin anticipated for such drug.\\n (b) All information disclosed pursuant to paragraph (a) of this\\nsubdivision shall be considered confidential and shall not be disclosed\\nby the department in a form that identifies a specific manufacturer or\\nprices charged for drugs by such manufacturer.\\n 7. (a) If, after taking into account all rebates and supplemental\\nrebates received by the department, including rebates received to date\\npursuant to this section, total Medicaid drug expenditures are still\\nprojected to exceed the annual growth limitation imposed by subdivision\\ntwo of this section, the commissioner may: subject any drug of a\\nmanufacturer referred to the drug utilization review board under this\\nsection to prior approval in accordance with existing processes and\\nprocedures when such manufacturer has not entered into a supplemental\\nrebate agreement as required by this section; direct managed care plans\\nto remove from their Medicaid formularies those drugs that the drug\\nutilization review board recommends a target rebate amount for and the\\nmanufacturer has failed to enter into a rebate agreement required by\\nthis section; promote the use of cost effective and clinically\\nappropriate drugs other than those of a manufacturer who has a drug that\\nthe drug utilization review board recommends a target rebate amount and\\nthe manufacturer has failed to enter into a rebate agreement required by\\nthis section; allow manufacturers to accelerate rebate payments under\\nexisting rebate contracts; and such other actions as authorized by law.\\nThe commissioner shall provide written notice to the legislature thirty\\ndays prior to taking action pursuant to this paragraph, unless action is\\nnecessary in the fourth quarter of a fiscal year to prevent total\\nMedicaid drug expenditures from exceeding the limitation imposed by\\nsubdivision two of this section, in which case such notice to the\\nlegislature may be less than thirty days.\\n (b) The commissioner shall be authorized to take the actions described\\nin paragraph (a) of this subdivision only so long as total Medicaid drug\\nexpenditures are projected to exceed the annual growth limitation\\nimposed by subdivision two of this section. In addition, no such actions\\nshall be deemed to supersede the provisions of paragraph (b) of\\nsubdivision three of section two hundred seventy-three of this article\\nor the provisions of subdivisions twenty-five and twenty-five-a of\\nsection three hundred sixty-four-j of the social services law, except as\\nallowed by paragraph (c) of subdivision five of this section; provided\\nfurther that nothing in this section shall prevent access by a Medicaid\\nrecipient to a drug which is the only treatment for a particular disease\\nor condition.\\n 8. The commissioner shall report by July first annually to the drug\\nutilization review board on savings achieved through the drug cap in the\\nlast fiscal year. Such report shall provide data on what savings were\\nachieved through actions pursuant to subdivisions three, five and seven\\nof this section, respectively, and what savings were achieved through\\nother means and how such savings were calculated and implemented.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "280-A", "title" : "Pharmacy benefit managers", "docType" : "SECTION", "publishedDates" : [ "2015-12-18", "2016-03-18", "2018-04-20", "2022-01-07", "2022-03-04", "2024-10-04" ], "docLevelId" : "280-A", "activeDate" : "2018-04-20", "sequenceNo" : 151, "repealedDate" : null, "fromSection" : "280-A", "toSection" : "280-A", "text" : " § 280-a. Pharmacy benefit managers. 1. Definitions. As used in this\\nsection, the following terms shall have the following meanings:\\n (a) \"Pharmacy benefit manager\" means an entity that contracts with\\npharmacies or pharmacy contracting agents on behalf of a health plan,\\nstate agency, insurer, managed care organization, or other third party\\npayor to provide pharmacy health benefit services or administration.\\n (b) \"Maximum allowable cost price\" means a maximum reimbursement\\namount set by the pharmacy benefit manager for therapeutically\\nequivalent multiple source generic drugs.\\n 2. A pharmacy benefit manager shall, with respect to contracts between\\na pharmacy benefit manager and a pharmacy or, alternatively, a pharmacy\\nbenefit manager and a pharmacy's contracting agent, such as a pharmacy\\nservices administrative organization, include a reasonable process to\\nappeal, investigate and resolve disputes regarding multi-source generic\\ndrug pricing. The appeals process shall include the following\\nprovisions:\\n (a) the right to appeal by the pharmacy and/or the pharmacy's\\ncontracting agent shall be limited to thirty days following the initial\\nclaim submitted for payment;\\n (b) a telephone number through which a network pharmacy may contact\\nthe pharmacy benefit manager for the purpose of filing an appeal and an\\nelectronic mail address of the individual who is responsible for\\nprocessing appeals;\\n (c) the pharmacy benefit manager shall send an electronic mail message\\nacknowledging receipt of the appeal. The pharmacy benefit manager shall\\nrespond in an electronic message to the pharmacy and/or the pharmacy's\\ncontracting agent filing the appeal within seven business days\\nindicating its determination. If the appeal is determined to be valid,\\nthe maximum allowable cost for the drug shall be adjusted for the\\nappealing pharmacy effective as of the date of the original claim for\\npayment. The pharmacy benefit manager shall require the appealing\\npharmacy to reverse and rebill the claim in question in order to obtain\\nthe corrected reimbursement;\\n (d) if an update to the maximum allowable cost is warranted, the\\npharmacy benefit manager or covered entity shall adjust the maximum\\nallowable cost of the drug effective for all similarly situated\\npharmacies in its network in the state on the date the appeal was\\ndetermined to be valid; and\\n (e) if an appeal is denied, the pharmacy benefit manager shall\\nidentify the national drug code of a therapeutically equivalent drug, as\\ndetermined by the federal Food and Drug Administration, that is\\navailable for purchase by pharmacies in this state from wholesalers\\nregistered pursuant to subdivision four of section sixty-eight hundred\\neight of the education law at a price which is equal to or less than the\\nmaximum allowable cost for that drug as determined by the pharmacy\\nbenefit manager.\\n 3. No pharmacy benefit manager shall, with respect to contracts\\nbetween such pharmacy benefit manager and a pharmacy or, alternatively,\\nsuch pharmacy benefit manager and a pharmacy's contracting agent, such\\nas a pharmacy services administrative organization:\\n (a) prohibit or penalize a pharmacist or pharmacy from disclosing to\\nan individual purchasing a prescription medication information\\nregarding:\\n (1) the cost of the prescription medication to the individual, or\\n (2) the availability of any therapeutically equivalent alternative\\nmedications or alternative methods of purchasing the prescription\\nmedication, including but not limited to, paying a cash price; or\\n (b) charge or collect from an individual a copayment that exceeds the\\ntotal submitted charges by the pharmacy for which the pharmacy is paid.\\nIf an individual pays a copayment, the pharmacy shall retain the\\nadjudicated costs and the pharmacy benefit manager shall not redact or\\nrecoup the adjudicated cost.\\n 4. Any provision of a contract that violates the provisions of this\\nsection shall be deemed to be void and unenforceable.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "280-B", "title" : "Unused prescription drug donation and redispensing program", "docType" : "SECTION", "publishedDates" : [ "2016-12-02" ], "docLevelId" : "280-B", "activeDate" : "2016-12-02", "sequenceNo" : 152, "repealedDate" : null, "fromSection" : "280-B", "toSection" : "280-B", "text" : " § 280-b. Unused prescription drug donation and redispensing program.\\n1. As used in this section:\\n (a) \"Donor entity\" means a manufacturer, wholesaler, or distributor of\\nprescription drugs; a pharmacy; or a hospital authorized under article\\ntwenty-eight of this chapter.\\n (b) \"Recipient entity\" means a manufacturer, wholesaler, or\\ndistributor of prescription drugs; a pharmacy; or a hospital authorized\\nunder article twenty-eight of this chapter.\\n (c)\"Third party intermediary\" means a not-for-profit organization that\\nfacilitates the donation or transfer of prescription drugs under this\\nsection but does not take possession or ownership of the prescription\\ndrugs.\\n (d) \"Redispense\" means to dispense a prescription drug that was\\ndonated and received under this section.\\n 2. The commissioner shall make regulations governing the donation and\\nredispensing of unused prescription drugs under this section.\\n 3. A donor entity may donate unused prescription drugs to a recipient\\nentity, directly or through a third-party intermediary, in a secure\\nmanner, ensuring the privacy of any individuals for whom the\\nprescription drugs were initially dispensed or intended to be dispensed.\\nPrescription drugs redispensed under this section shall be inspected by\\na pharmacist or other licensed health care provider as provided by\\nregulations. The participation of any donor or recipient entity in\\nredispensing shall be voluntary.\\n 4. Only prescription drugs received by the recipient entity in\\ntamper-evident packaging as defined by United States pharmacopoeia (USP)\\ngeneral chapter 659, or in unit-dose or multiple-dose packaging, may be\\nredispensed. No prescription drugs may be redispensed that:\\n (a) show evidence of being adulterated or misbranded;\\n (b) show evidence of packaging having been tampered with;\\n (c) will expire before the use by the patient based on the prescribing\\npractitioner's directions for use;\\n (d) or have been excluded from the program under regulations of the\\ncommissioner.\\n 5. A prescription drug shall not be redispensed if it is restricted to\\na patient registered with the drug's manufacturer under federal Food and\\nDrug Administration requirements including, but not limited to, those\\nrelating to risk evaluation and mitigation strategies (REMS), unless the\\nredispensing is effectively restricted to ensure that the prescription\\ndrug is only dispensed in accordance with those requirements as\\napplicable.\\n 6. A recipient entity may also be a donor entity.\\n 7. Prescription drugs having passed inspection under subdivision three\\nof this section may be repackaged or prepackaged by the recipient entity\\nprior to further redispensing.\\n 8. Recipient entities shall give priority for redispensing to patients\\nwho are indigent, uninsured, or under-insured.\\n 9. A redispensed prescription drug shall not be resold by any person\\nor entity. However, this subdivision does not bar the payment of\\nreasonable processing fees.\\n 10. No person or entity shall be subject to criminal or civil\\nliability, or professional discipline for any action taken in reasonable\\ngood faith compliance with this section, except under otherwise\\napplicable grounds for liability.\\n 11. The department shall work with prospective and approved donor\\nentities, recipient entities and third-party intermediaries to educate\\nthem about redispensing and promote participation in redispensing. The\\ndepartment shall maintain a list of recipient entities, and third-party\\nintermediaries and publish it on the department's website.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "280-C", "title" : "Pharmacy audits by pharmacy benefit managers", "docType" : "SECTION", "publishedDates" : [ "2018-04-20" ], "docLevelId" : "280-C", "activeDate" : "2018-04-20", "sequenceNo" : 153, "repealedDate" : null, "fromSection" : "280-C", "toSection" : "280-C", "text" : " § 280-c. Pharmacy audits by pharmacy benefit managers. 1. Definitions.\\nAs used in this section, the following terms shall have the following\\nmeanings:\\n (a) \"Pharmacy benefit manager\" shall have the same meaning as in\\nsection two hundred eighty-a of this article.\\n (b) \"Pharmacy\" shall mean a pharmacy that has contracted with a\\npharmacy benefit manager for the provision of pharmacy services.\\n 2. When conducting an audit of a pharmacy's records, a pharmacy\\nbenefit manager shall:\\n (a) not conduct an on-site audit of a pharmacy at any time during the\\nfirst three calendar days of a month;\\n (b) notify the pharmacy or its contracting agent no later than fifteen\\ndays before the date of initial on-site audit. Such notification to the\\npharmacy or its contracting agent shall be in writing delivered either\\n(i) by mail or common carrier, return receipt requested, or (ii)\\nelectronically with electronic receipt confirmation, addressed to the\\nsupervising pharmacist of record and pharmacy corporate office where\\napplicable, at least fifteen days before the date of an initial on-site\\naudit;\\n (c) limit the audit period to twenty-four months after the date a\\nclaim is submitted to or adjudicated by the pharmacy benefit manager;\\n (d) include in the written advance notice of an on-site audit the list\\nof specific prescription numbers to be included in the audit that may or\\nmay not include the final two digits of the prescription numbers;\\n (e) use the written and verifiable records of a hospital, physician or\\nother authorized practitioner, which are transmitted by any means of\\ncommunication, to validate the pharmacy records in accordance with state\\nand federal law;\\n (f) limit the number of prescriptions audited to no more than one\\nhundred randomly selected in a twelve-month period, except in cases of\\nfraud;\\n (g) provide the pharmacy or its contracting agent with a copy of the\\npreliminary audit report within forty-five days after the conclusion of\\nthe audit;\\n (h) be allowed to conduct a follow-up audit on-site if a remote or\\ndesk audit reveals the necessity for a review of additional claims;\\n (i) in the case of invoice audits, accept as validation invoices from\\nany wholesaler registered with the department of education from which\\nthe pharmacy has purchased prescription drugs or, in the case of durable\\nmedical equipment or sickroom supplies, invoices from an authorized\\ndistributor other than a wholesaler;\\n (j) provide the pharmacy or its contracting agent with the ability to\\nprovide documentation to address a discrepancy or audit finding,\\nprovided that such documentation must be received by the pharmacy\\nbenefit manager no later than the forty-fifth day after the preliminary\\naudit report was provided to the pharmacy or its contracting agent. The\\npharmacy benefit manager shall consider a reasonable request from the\\npharmacy for an extension of time to submit documentation to address or\\ncorrect any findings in the report; and\\n (k) provide the pharmacy or its contracting agent with the final audit\\nreport no later than sixty days after the initial audit report was\\nprovided to the pharmacy or its contracting agent.\\n 3. Any claim that was retroactively denied for a clerical error,\\ntypographical error, scrivener's error or computer error shall be paid\\nif the prescription was properly and correctly dispensed, unless a\\npattern of such errors exists, fraudulent billing is alleged or the\\nerror results in actual financial loss to the entity. A clerical error\\nis an error that does not result in actual financial harm to the covered\\nentity or consumer and does not include the dispensing of an incorrect\\ndose, amount or type of medication or dispensing a prescription drug to\\nthe wrong person.\\n 4. This section shall not apply to:\\n (a) audits in which suspected fraudulent activity or other intentional\\nor willful misrepresentation is evidenced by a physical review, review\\nof claims data or statements, or other investigative methods; or\\n (b) audits of claims paid for by federally funded programs; or\\n (c) concurrent reviews or desk audits that occur within three business\\ndays of transmission of a claim and where no chargeback or recoupment is\\ndemanded.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 6 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A2-AT3", "title" : "Prescription Forms, Electronic Prescribing and Language Assistance", "docType" : "TITLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3", "activeDate" : "2014-09-22", "sequenceNo" : 154, "repealedDate" : null, "fromSection" : "281", "toSection" : "281", "text" : " TITLE III\\n PRESCRIPTION FORMS, ELECTRONIC PRESCRIBING AND LANGUAGE ASSISTANCE\\nSection 281. Official New York state prescription forms.\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "281", "title" : "Official New York state prescription forms", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-03-20", "2016-04-22", "2016-06-03", "2016-10-07", "2016-12-02", "2017-03-03", "2020-04-17", "2023-05-12", "2023-06-23", "2026-05-29" ], "docLevelId" : "281", "activeDate" : "2017-03-03", "sequenceNo" : 155, "repealedDate" : null, "fromSection" : "281", "toSection" : "281", "text" : " § 281. Official New York state prescription forms. 1. In addition to\\nthe requirements of section sixty-eight hundred ten of the education law\\nor article thirty-three of this chapter, all prescriptions written in\\nthis state by a person authorized by this state to issue such\\nprescriptions shall be on serialized official New York state\\nprescription forms provided by the department. Such forms shall be\\nfurnished to practitioners authorized to write prescriptions and to\\ninstitutional dispensers, and shall be non-reproducible and\\nnon-transferable. The commissioner, in consultation with the\\ncommissioner of education, may promulgate emergency regulations for the\\nelectronic transmission of prescriptions from prescribers to pharmacists\\nor for ordering and filling requirements of prescription drugs for\\nprescriptions written for recipients eligible for medical assistance\\npursuant to title eleven of article five of the social services law, for\\nparticipants in the program for elderly pharmaceutical insurance\\ncoverage pursuant to title three of article two of the elder law and for\\nprescriptions written pursuant to article thirty-three of this chapter.\\nNothing in this section shall prohibit the commissioner in consultation\\nwith the commissioner of education from promulgating any additional\\nemergency regulations in furtherance of this subdivision.\\n 2. The commissioner, in consultation with the commissioner of\\neducation, shall promulgate regulations requiring that prescription\\nforms and electronic prescriptions include: (a) a section wherein\\nprescribers may indicate whether an individual is limited English\\nproficient, as defined in section sixty-eight hundred twenty-nine of the\\neducation law; and (b) if the patient is limited English proficient, a\\nline where the prescriber may specify the preferred language indicated\\nby the patient. Failure to include such indication on the part of the\\nprescriber shall not invalidate the prescription.\\n 3. On or before December thirty-first, two thousand twelve, the\\ncommissioner shall promulgate regulations, in consultation with the\\ncommissioner of education, establishing standards for electronic\\nprescriptions. Notwithstanding any other provision of this section or\\nany other law to the contrary, effective three years subsequent to the\\ndate on which such regulations are promulgated, no person shall issue\\nany prescription in this state unless such prescription is made by\\nelectronic prescription from the person issuing the prescription to a\\npharmacy in accordance with such regulatory standards, except for\\nprescriptions: (a) issued by veterinarians; (b) issued in circumstances\\nwhere electronic prescribing is not available due to temporary\\ntechnological or electrical failure, as set forth in regulation; (c)\\nissued by practitioners who have received a waiver or a renewal thereof\\nfor a specified period determined by the commissioner, not to exceed one\\nyear, from the requirement to use electronic prescribing, pursuant to a\\nprocess established in regulation by the commissioner, in consultation\\nwith the commissioner of education, due to economic hardship,\\ntechnological limitations that are not reasonably within the control of\\nthe practitioner, or other exceptional circumstance demonstrated by the\\npractitioner; (d) issued by a practitioner under circumstances where,\\nnotwithstanding the practitioner's present ability to make an electronic\\nprescription as required by this subdivision, such practitioner\\nreasonably determines that it would be impractical for the patient to\\nobtain substances prescribed by electronic prescription in a timely\\nmanner, and such delay would adversely impact the patient's medical\\ncondition, provided that if such prescription is for a controlled\\nsubstance, the quantity of controlled substances does not exceed a five\\nday supply if the controlled substance were used in accordance with the\\ndirections for use; or (e) issued by a practitioner to be dispensed by a\\npharmacy located outside the state, as set forth in regulation.\\n 3-a. A pharmacy that receives an electronic prescription from the\\nperson issuing the prescription may, if the prescription has not been\\ndispensed and at the request of the patient or a person authorized to\\nmake the request on behalf of the patient, immediately transfer or\\nforward such prescription to an alternative pharmacy designated by the\\nrequesting party.\\n 4. In the case of a prescription for a controlled substance issued by\\na practitioner under paragraph (b) of subdivision three of this section,\\nthe practitioner shall indicate in the patient's health record that the\\nprescription was issued other than electronically due to temporary\\ntechnological or electrical failure.\\n 5. In the case of a prescription for a controlled substance issued by\\na practitioner under paragraph (d) or (e) of subdivision three of this\\nsection, the practitioner shall, upon issuing such prescription,\\nindicate in the patient's health record either that the prescription was\\nissued other than electronically because it (a) was impractical to issue\\nan electronic prescription in a timely manner and such delay would have\\nadversely impacted the patient's medical condition, or (b) was to be\\ndispensed by a pharmacy located outside the state.\\n 6. The waiver process established in regulation pursuant to paragraph\\n(c) of subdivision three of this section shall provide that a\\npractitioner prescribing under a waiver must notify the department in\\nwriting promptly upon gaining the capability to use electronic\\nprescribing, and that a waiver shall terminate within a specified period\\nof time after the practitioner gains such capability.\\n * 7. Notwithstanding any other provision of this section or any other\\nlaw to the contrary, a practitioner shall not be required to issue\\nprescriptions electronically if he or she certifies to the department,\\nin a manner specified by the department, that he or she will not issue\\nmore than twenty-five prescriptions during a twelve month period.\\nPrescriptions in both oral and written form for both controlled\\nsubstances and non-controlled substances shall be included in\\ndetermining whether the practitioner will reach the limit of twenty-five\\nprescriptions.\\n (a) A certification shall be submitted in advance of the twelve-month\\ncertification period, except that a twelve-month certification submitted\\non or before July first, two thousand sixteen, may begin March\\ntwenty-seven, two thousand sixteen.\\n (b) A practitioner who has made a certification under this subdivision\\nmay submit an additional certification on or before the expiration of\\nthe current twelve-month certification period, for a maximum of three\\ntwelve-month certifications.\\n (c) A practitioner may make a certification under this subdivision\\nregardless of whether he or she has previously received a waiver under\\nparagraph (c) of subdivision three of this section.\\n * NB Repealed June 1, 2020\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 1 }, "repealed" : false } ], "size" : 3 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A2-B", "title" : "Drug Take Back", "docType" : "ARTICLE", "publishedDates" : [ "2018-07-13", "2019-01-18" ], "docLevelId" : "2-B", "activeDate" : "2019-01-18", "sequenceNo" : 156, "repealedDate" : null, "fromSection" : "290", "toSection" : "294", "text" : " ARTICLE 2-B\\n DRUG TAKE BACK\\nSection 290. Definitions.\\n 291. Drug take back.\\n 292. Collection.\\n 293. Violations.\\n 294. Jurisdiction.\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "290", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2018-07-13", "2019-01-18" ], "docLevelId" : "290", "activeDate" : "2019-01-18", "sequenceNo" : 157, "repealedDate" : null, "fromSection" : "290", "toSection" : "290", "text" : " § 290. Definitions. As used in this article, unless the context\\nclearly requires otherwise:\\n 1. \"Authorized collector\" means: (a) a person, company, corporation or\\nother entity that is registered with the United States Drug Enforcement\\nAdministration to collect controlled substances for the purposes of safe\\ndisposal and destruction; (b) a law enforcement agency; or (c) a person,\\ncompany, corporation or other entity authorized by the department to\\nprovide alternative collection methods for covered drugs that are not\\ncontrolled substances.\\n 2. \"Covered drug\" means any substance recognized as a drug under 21\\nUSC § 321(g)(1), as amended, and any regulations promulgated thereunder\\nthat is sold, offered for sale or dispensed in the state, whether\\ndirectly or through a wholesaler, in any form including prescription and\\nnonprescription drugs, drugs in medical devices and combination\\nproducts, brand and generic drugs and drugs for veterinary use; provided\\nhowever, covered drug shall not include: (a) vitamins or supplements;\\n(b) herbal-based remedies and homeopathic drugs, products or remedies;\\n(c) cosmetics, soap (with or without germicidal agents), laundry\\ndetergent, bleach, household cleaning products, shampoos, sunscreens,\\ntoothpaste, lip balm, antiperspirants or other personal care products\\nthat are regulated as both cosmetics and nonprescription drugs under the\\nFederal Food, Drug, and Cosmetic Act; (d) pet pesticide products\\ncontained in pet collars, powders, shampoos, topical applications, or\\nother forms; (e) drugs that are biological products as defined in\\nsubdivision twenty-seven of section sixty-eight hundred two of the\\neducation law if the manufacturer already provides a take back program;\\n(f) drugs for which a manufacturer provides a take back program as part\\nof a Federal Food and Drug Administration managed risk evaluation and\\nmitigation strategy; (g) emptied injector products or emptied medical\\ndevices and their component parts or accessories; and (h) drugs that are\\nused solely in a clinical setting.\\n 3. \"Manufacturer\" means a person, company, corporation or other entity\\nengaged in the manufacture of covered drugs sold in the state.\\nManufacturer does not include a repackager or wholesaler.\\n 4. \"Pharmacies\" means all pharmacies registered under section\\nsixty-eight hundred eight of the education law that are part of a group\\nof ten or more establishments that conduct business under the same name,\\nor operate under a common ownership or management, or pursuant to a\\nfranchise agreement with the same franchisor, and all nonresident\\npharmacies registered pursuant to section sixty-eight hundred eight-b of\\nthe education law that provide covered drugs to state residents by mail.\\n 5. \"Drug take back organization\" means an organization designated by a\\nmanufacturer or a group of manufacturers to act as an agent on behalf of\\nthe manufacturer or group of manufacturers to operate and implement a\\ndrug take back program as authorized by this article.\\n 6. \"Wholesaler\" means any person, company, corporation or other entity\\nthat sells or distributes drugs and covered drugs for resale to an\\nentity in the state other than a consumer.\\n 7. \"Repackager\" means an entity that owns or operates an establishment\\nthat repacks and relabels a product or package containing a covered drug\\nfor further sale or for distribution without further transaction.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "291", "title" : "Drug take back", "docType" : "SECTION", "publishedDates" : [ "2018-07-13", "2019-01-18" ], "docLevelId" : "291", "activeDate" : "2019-01-18", "sequenceNo" : 158, "repealedDate" : null, "fromSection" : "291", "toSection" : "291", "text" : " § 291. Drug take back. 1. Any manufacturer of a covered drug shall:\\n (a) operate a drug take back program approved by the department\\nindividually or jointly with other manufacturers;\\n (b) enter into an agreement with a drug take back organization which\\nshall operate a drug take back program approved by the department; or\\n (c) enter into an agreement with the department to operate a drug take\\nback program on its behalf.\\n 2. Any manufacturer of a covered drug, individually or jointly, or a\\ndrug take back organization contracted by a manufacturer of a covered\\ndrug shall within one hundred eighty days from the effective date of\\nthis section submit to the department, in a manner and form determined\\nby the department, a proposed drug take back program that meets, at a\\nminimum, the following requirements:\\n (a) Certifies the drug take back program will accept all covered drugs\\nregardless of who produced them;\\n (b) Provides contact information for the person submitting the planned\\ndrug take back program with whom the department shall direct all\\ninquiries;\\n (c) Details a collection system to provide convenient, ongoing\\ncollection services to all persons seeking to dispose of covered drugs\\npursuant to section two hundred ninety-two of this article that is\\ngeographically distributed in a way to ensure access in rural and\\nunderserved areas;\\n (d) Describes other collection methods by which covered drugs will be\\ncollected by authorized collectors;\\n (e) Explains how covered drugs will be safely and securely tracked and\\nhandled from collection through final disposal and destruction, policies\\nto ensure security and compliance with all applicable laws and\\nregulations including disposal and destruction at a permitted waste\\ndisposal facility meeting federal requirements;\\n (f) Describes the public education and outreach activities that will\\nbe undertaken which shall include advertising of collection locations on\\na website and through use of signage and other written materials, and\\nhow effectiveness will be evaluated;\\n (g) Details how the costs of pharmacy collection and other authorized\\ncollectors will be reimbursed which shall include costs retroactive to\\nthe effective date of this article, and where more than one manufacturer\\nwill be involved in the planned drug take back program, a plan for the\\nfair and reasonable manner of allocated costs among the participants in\\nsuch program such that the costs paid by each manufacturer is reasonably\\nrelated to the volume or value of covered drugs sold in the state; and\\n (h) Provides any further information deemed appropriate by the\\ndepartment.\\n 3. Within thirty days of the effective date of this section, each\\nwholesaler that sells covered drugs in or into the state shall provide\\nthe department with a list of manufacturers that produce covered drugs.\\nThe department may request updated lists at its discretion.\\n 4. A manufacturer, individually or jointly, must pay all\\nadministrative and operational fees associated with the drug take back\\nprogram, including the cost of collecting, transporting and disposing of\\ncovered drugs from pharmacies and other authorized collectors and the\\nrecycling or disposal, or both, of packing collected with the covered\\ndrug. Manufacturers shall also pay costs incurred by the state in the\\nadministration and enforcement of the drug take back program. Exclusive\\nof fines and penalties, the state shall only recover its actual cost of\\nadministration and enforcement. In instances where manufacturers jointly\\nconduct a drug take back program, the costs of administration and\\nenforcement shall be fairly and reasonably allocated such that the\\nportion of costs is reasonably related to the volume or value of covered\\ndrugs the manufacturers sell in the state. No manufacturer may charge a\\npoint-of-sale or other fee to consumers, or a fee that could be passed\\non to consumers, to recoup the cost of their drug take back program.\\n 5. Within sixty days of receipt of a proposed drug take back program,\\nthe department, in consultation with the department of environmental\\nconservation, shall determine whether such proposed drug take back\\nprogram complies with the requirements of this article and notify the\\napplicant. The department may conduct a noticed public hearing prior to\\napproval. If the drug take back program is approved, the department\\nshall notify the applicant in writing. If the drug take back program is\\nnot approved, the department shall notify the applicant in writing and\\nthe applicant shall submit a revised drug take back program proposal\\nwithin thirty days. If the department rejects the subsequent proposal,\\nthe manufacturer or manufacturers at issue shall be out of compliance\\nwith this article and subject to the enforcement provisions pursuant to\\nsection two hundred ninety-four of this article. The department shall\\nprovide, and update annually, on its website a list of all manufacturers\\nparticipating in a drug take back program approved by the department.\\n 6. At least every three years, a manufacturer, jointly or\\nindividually, or a drug take back organization shall update its drug\\ntake back program and submit an updated proposal to the department. A\\nmanufacturer who begins to offer a covered drug in the state after the\\neffective date of this article, shall provide evidence of joining an\\nexisting approved drug take back program or submit a proposal for a drug\\ntake back program within ninety days following the initial offer for\\nsale of a covered drug. Any proposed change to a drug take back program\\nshall be submitted in writing and approved by the department prior to\\nany change.\\n 7. Each approved drug take back program shall report to the department\\nat a date and manner set by the department. The department shall submit\\nan annual report to the governor, speaker of the assembly and temporary\\npresident of the senate by January first detailing all program\\nactivities, the weight collected by each program, a description of\\ncollection activities, the name and location of all collection sites,\\npublic education and outreach activities, an evaluation of the efficacy\\nof the program and each collection method, and any manufacturer out of\\ncompliance or subject to penalties pursuant to section two hundred\\nninety-four of this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "292", "title" : "Collection", "docType" : "SECTION", "publishedDates" : [ "2018-07-13", "2019-01-18" ], "docLevelId" : "292", "activeDate" : "2019-01-18", "sequenceNo" : 159, "repealedDate" : null, "fromSection" : "292", "toSection" : "292", "text" : " § 292. Collection. 1. All pharmacies shall provide for the safe\\ncollection of drugs, which shall include:\\n (a) Offering drug collection by one or more of the following methods:\\n (i) On-site collection, dropbox, or receptacle meeting federal\\nstandards;\\n (ii) Mail-back collection by prepaid envelopes as authorized by\\nfederal law and regulation; or\\n (iii) Other federal drug enforcement agency approved methods of\\ncollection.\\n (b) Signage prominently displayed advertising such drug collection to\\nconsumers.\\n 2. All drug take back program operators shall notify other potential\\nauthorized collectors of the opportunity to serve as an authorized\\ncollector for the drug take back program. Participation of authorized\\ncollectors besides pharmacies shall be voluntary.\\n 3. All costs of pharmacies and other authorized collectors shall be\\npaid or reimbursed by the manufacturer, jointly or individually, as part\\nof the drug take back programs required by this article.\\n 4. For any city with a population of one hundred twenty-five thousand\\nor more as of the last decennial census, the commissioner shall\\nestablish by regulation a distribution plan that ensures that on-site\\ncollection receptacle or dropbox placement shall be reasonably\\naccessible to all residents and that provides for program cost\\nefficiency.\\n 5. Pharmacies providing for mail-back collection as part of the drug\\ntake back program shall provide a voucher for a prepaid envelope upon\\ndispensing a covered drug. Such voucher shall include information on\\ndrug take back and safe drug disposal methods.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "293", "title" : "Violations", "docType" : "SECTION", "publishedDates" : [ "2018-07-13", "2019-01-18" ], "docLevelId" : "293", "activeDate" : "2019-01-18", "sequenceNo" : 160, "repealedDate" : null, "fromSection" : "293", "toSection" : "293", "text" : " § 293. Violations. Violation of this article shall be subject to fines\\npursuant to section twelve of this chapter. Each day in which the\\nviolation continues shall constitute a separate violation.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "294", "title" : "Jurisdiction", "docType" : "SECTION", "publishedDates" : [ "2018-07-13", "2019-01-18" ], "docLevelId" : "294", "activeDate" : "2019-01-18", "sequenceNo" : 161, "repealedDate" : null, "fromSection" : "294", "toSection" : "294", "text" : " § 294. Jurisdiction. Jurisdiction of all matters pertaining to drug\\ndisposal by this article is vested exclusively in the state. Any\\nprovision of any local law or ordinance, or any rule or regulation\\npromulgated prior to, or upon the effective date of this section, shall\\nbe preempted.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 5 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A3", "title" : "Local Health Organization", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3", "activeDate" : "2014-09-22", "sequenceNo" : 162, "repealedDate" : null, "fromSection" : "300", "toSection" : "399", "text" : " ARTICLE 3\\n LOCAL HEALTH ORGANIZATION\\nTitle I. Local boards of health; general provisions (§§ 300-312).\\n II. Local health officers (§§ 320-329).\\n III. County and part-county health districts (§§ 340-357).\\n IV. Certain cities (§§ 360-378).\\n V. State park health districts (§§ 380-383).\\n VI. Consolidated health districts (§§ 390-399).\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A3T1", "title" : "Local Boards of Health; General Provisions", "docType" : "TITLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1", "activeDate" : "2014-09-22", "sequenceNo" : 163, "repealedDate" : null, "fromSection" : "300", "toSection" : "312", "text" : " TITLE I\\n LOCAL BOARDS OF HEALTH; GENERAL PROVISIONS\\nSection 300. Local boards of health; continuation.\\n 301. Local boards of health; certain cities; appointment.\\n 302. Local boards of health; villages and towns; organization.\\n 303. Local boards of health; notice of organization.\\n 304. Local boards of health; town boards; jurisdiction;\\n appropriations.\\n 305. Local boards of health; compensation and expenses of\\n members.\\n 306. Local boards of health; expenses; payment.\\n 307. Local boards of health; meetings.\\n 308. Local boards of health; general powers and duties.\\n 309. Local boards of health; quasi-judicial powers; enforcement.\\n 310. Local boards of health; modification of orders by\\n commissioner.\\n 311. Local boards of health; towns and villages; application of\\n law.\\n 312. City of New York; exceptions and limitations.\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "300", "title" : "Local boards of health; continuation", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "300", "activeDate" : "2014-09-22", "sequenceNo" : 164, "repealedDate" : null, "fromSection" : "300", "toSection" : "300", "text" : " § 300. Local boards of health; continuation. There shall continue to\\nbe local boards and departments of health and health officers in the\\nseveral counties, cities, villages and towns of the state except as\\notherwise provided by law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "301", "title" : "Local boards of health; certain cities; appointment", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "301", "activeDate" : "2014-09-22", "sequenceNo" : 165, "repealedDate" : null, "fromSection" : "301", "toSection" : "301", "text" : " § 301. Local boards of health; certain cities; appointment. 1. In\\ncities under fifty thousand population according to the latest federal\\nor state census or enumeration, the board of health shall consist of the\\nmayor of the city who shall be its president, and six other persons, one\\nof whom shall be a competent physician who shall be appointed by the\\ncommon council, upon the nomination of the mayor, and shall hold office\\nfor three years.\\n 2. Appointments of members of such boards shall be made for such\\nshorter terms as at any time may be necessary, in order that the terms\\nof two appointed members shall expire annually.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "302", "title" : "Local boards of health; villages and towns; organization", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "302", "activeDate" : "2014-09-22", "sequenceNo" : 166, "repealedDate" : null, "fromSection" : "302", "toSection" : "302", "text" : " § 302. Local boards of health; villages and towns; organization. 1.\\nIn villages the board of health shall consist of the board of trustees\\nof the village.\\n 2. In towns the board of health shall consist of the town board.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "303", "title" : "Local boards of health; notice of organization", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "303", "activeDate" : "2014-09-22", "sequenceNo" : 167, "repealedDate" : null, "fromSection" : "303", "toSection" : "303", "text" : " § 303. Local boards of health; notice of organization. Notice of the\\nmembership and organization of every local board of health shall be\\ngiven forthwith by such board to the department.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "304", "title" : "Local boards of health; town boards; jurisdiction; appropriations", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "304", "activeDate" : "2014-09-22", "sequenceNo" : 168, "repealedDate" : null, "fromSection" : "304", "toSection" : "304", "text" : " § 304. Local boards of health; town boards; jurisdiction;\\nappropriations. A town board of health shall not have jurisdiction over\\nany city or incorporated village or part of such city or village in such\\ntown unless otherwise provided by law. Appropriations for a town board\\nof health in a town in which there are one or more incorporated villages\\nshall be a charge upon the taxable property of that part of the town\\noutside of any incorporated village and shall be assessed, levied and\\ncollected therefrom in the same manner as other town charges levied on\\nproperty outside of incorporated villages.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "305", "title" : "Local boards of health; compensation and expenses of members", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "305", "activeDate" : "2014-09-22", "sequenceNo" : 169, "repealedDate" : null, "fromSection" : "305", "toSection" : "305", "text" : " § 305. Local boards of health; compensation and expenses of members.\\n1. The members of town boards and of village boards of trustees shall\\nnot receive additional compensation by reason of serving as members of\\nboards of health, except that in the case of a consolidated health\\ndistrict, members of the board of health of such district, whether or\\nnot they are members of a town board or a village board of trustees,\\nshall be allowed a per diem compensation of not more than ten dollars\\nfor each calendar day in actual attendance at a meeting of the board of\\nhealth of the district, to be fixed and determined by the board of\\nhealth of the district. Such per diem compensation in the case of any\\nmember shall not exceed the total sum of one hundred and fifty dollars\\nin any one year.\\n 2. Members of boards of health of consolidated districts shall also be\\nallowed their actual and necessary expenses.\\n 3. The compensation and expenses of members of boards of health of\\nconsolidated health districts shall be audited and paid in the same\\nmanner as the other expenses of the consolidated health districts.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "306", "title" : "Local boards of health; expenses; payment", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "306", "activeDate" : "2014-09-22", "sequenceNo" : 170, "repealedDate" : null, "fromSection" : "306", "toSection" : "306", "text" : " § 306. Local boards of health; expenses; payment. 1. All expenses\\nincurred by any local board of health in the performance of the duties\\nimposed upon it or its members by law shall be a charge upon the\\nmunicipality, and shall be audited, levied, collected and paid in the\\nsame manner as the other charges of, or upon, the municipality are\\naudited, levied, collected and paid.\\n 2. The taxable property of any incorporated village shall not be\\nsubject to taxation for maintaining any town board of health, or for any\\nexpenditure authorized by the town board, but the costs and expenditures\\nof the town board shall be assessed and collected exclusively on the\\ntaxable property of the town situate outside of any such village, unless\\notherwise provided by law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "307", "title" : "Local boards of health; meetings", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "307", "activeDate" : "2014-09-22", "sequenceNo" : 171, "repealedDate" : null, "fromSection" : "307", "toSection" : "307", "text" : " § 307. Local boards of health; meetings. 1. Every local board of\\nhealth shall meet at stated intervals to be fixed by it.\\n 2. The presiding officer of every local board of health may call\\nspecial meetings thereof when in his judgment the protection of the\\npublic health of the municipality requires it, and shall call such a\\nmeeting upon the petition of at least twenty-five residents thereof, of\\nfull age, setting forth the necessity of such meetings.\\n 3. Any matter within the jurisdiction of a town or village board of\\nhealth may be considered and acted upon at any regular or special\\nmeeting of such town board or village board of trustees.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "308", "title" : "Local boards of health; general powers and duties", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "308", "activeDate" : "2014-09-22", "sequenceNo" : 172, "repealedDate" : null, "fromSection" : "308", "toSection" : "308", "text" : " § 308. Local boards of health; general powers and duties. Subject to\\nthe provisions of this chapter and of the sanitary code, every local\\nboard of health shall:\\n (a) prescribe the duties and powers of the local health officer, who\\nshall be its chief executive officer;\\n (b) direct the local health officer in the performance of his duties;\\n (c) fix the compensation of the local health officer in accordance\\nwith the provisions of section three hundred twenty-three of this\\nchapter;\\n (d) make and publish, from time to time, such orders and regulations,\\nnot inconsistent with the provisions of the sanitary code, as it may\\ndeem necessary and proper for the preservation of life and health and\\nthe execution and enforcement of this chapter in the municipality a copy\\nof such orders and regulations to be filed with the county health\\ncommissioner, if any, otherwise with the state district health officer;\\n (e) make, without publication thereof, such orders and regulations for\\nthe suppression of nuisances and concerning all other matters in its\\njudgment detrimental to the public health in special or individual\\ncases, not of general application, and serve copies thereof upon the\\nowner or occupant of any premises whereon such nuisances or other\\nmatters may exist, or upon which may exist the cause of other nuisances\\nto other premises, or cause the same to be conspicuously posted thereon;\\nand,\\n (f) maintain actions in any court of competent jurisdiction to\\nrestrain by injunction violations of its orders and regulations, or\\notherwise to enforce such orders and regulations.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "309", "title" : "Local boards of health; quasi-judicial powers; enforcement", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "309", "activeDate" : "2014-09-22", "sequenceNo" : 173, "repealedDate" : null, "fromSection" : "309", "toSection" : "309", "text" : " § 309. Local boards of health; quasi-judicial powers; enforcement. 1.\\nEvery local board of health may:\\n (a) issue subpoenas which shall be regulated by the civil practice law\\nand rules;\\n (b) compel the attendance of witnesses;\\n (c) administer oaths to witnesses and compel them to testify;\\n (d) by resolution, designate one of its members to sign and issue such\\nsubpoenas;\\n (e) issue warrants to any peace officer, acting pursuant to his\\nspecial duties, or police officer of the municipality to apprehend and\\nremove such person or persons as cannot otherwise be subjected to its\\norders or regulations, and to the sheriff of the county to bring to its\\naid the power of the county whenever it shall be necessary to do so;\\n (f) prescribe and impose penalties for the violation of or failure to\\ncomply with any of its orders or regulations, or any of the regulations\\nof the state sanitary code, not exceeding two thousand dollars for a\\nsingle violation or failure, to be sued for and recovered by it in any\\ncourt of competent jurisdiction; and\\n (g) appoint one or more hearing officers as shall be necessary to\\ncarry out its functions and duties, The hearing officer shall have the\\nsame powers possessed by the board to hold and conduct hearings. The\\nhearing officer shall function under the supervision of the local board\\nand shall make findings of fact and recommendations to the board.\\n 2. No subpoena shall be served outside the jurisdiction of the board\\nof health issuing it, and no witness shall be interrogated or compelled\\nto testify upon matters not related to the public health.\\n 3. Every warrant issued by a local board of health shall be forthwith\\nexecuted by the officer to whom directed, who shall have the same powers\\nand be subject to the same duties in the execution thereof, as if it had\\nbeen duly issued out of a court of record of the state.\\n 4. Nothing in this section contained shall be construed to alter or\\nrepeal any existing provision of law declaring such violations or any of\\nthem misdemeanors or felonies or prescribing a penalty therefor.\\n 5. The penalty imposed by this section may be released or compromised\\nby the commissioner.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "310", "title" : "Local boards of health; modification of orders by commissioner", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "310", "activeDate" : "2014-09-22", "sequenceNo" : 174, "repealedDate" : null, "fromSection" : "310", "toSection" : "310", "text" : " § 310. Local boards of health; modification of orders by commissioner.\\nThe commissioner may annul or modify an order, regulation, by-law or\\nordinance of a local board of health concerning a matter which in his\\njudgment affects the public health beyond the territory over which such\\nlocal board of health has jurisdiction.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "311", "title" : "Local boards of health; towns and villages; application of law", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "311", "activeDate" : "2014-09-22", "sequenceNo" : 175, "repealedDate" : null, "fromSection" : "311", "toSection" : "311", "text" : " § 311. Local boards of health; towns and villages; application of law.\\nThe provisions contained in this article as to the local boards of\\nhealth, and for the appointment of local health officers shall apply to\\nall towns and villages, whether such villages are organized under\\ngeneral or special laws.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "312", "title" : "City of New York; exceptions and limitations", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "312", "activeDate" : "2014-09-22", "sequenceNo" : 176, "repealedDate" : null, "fromSection" : "312", "toSection" : "312", "text" : " § 312. City of New York; exceptions and limitations. Unless otherwise\\nexpressly provided, the provisions of this article except section three\\nhundred ten of this chapter shall not apply to the city of New York.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 13 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A3T2", "title" : "Local Health Officers", "docType" : "TITLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2", "activeDate" : "2014-09-22", "sequenceNo" : 177, "repealedDate" : null, "fromSection" : "320", "toSection" : "329", "text" : " TITLE II\\n LOCAL HEALTH OFFICERS\\nSection 320. Local health officer; appointment; residence.\\n 321. Local health officer; power of commissioner to appoint;\\n expenses.\\n 322. Local health officer; term of office; removal.\\n 323. Local health officer; compensation and expenses.\\n 324. Local health officer; general powers and duties.\\n 325. Local health officer; practice of medicine prohibited;\\n certain cities.\\n 326. Local health officer; temporary or acting; appointment;\\n compensation; powers.\\n 327. Local health officer; nurses; appointment.\\n 328. Local health officer; nurses; duties.\\n 329. Local health officer; immunity from personal liability.\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "320", "title" : "Local health officer; appointment; residence", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "320", "activeDate" : "2014-09-22", "sequenceNo" : 178, "repealedDate" : null, "fromSection" : "320", "toSection" : "320", "text" : " § 320. Local health officer; appointment; residence. 1. Except in the\\ncities whose charters otherwise provide, and except as hereinafter\\nprovided for joint appointment by two or more local boards of health of\\none health officer for the municipalities joining in such appointment,\\nand except in those local health districts within the area of a county\\nor part-county health district, each local board of health shall appoint\\na health officer of the municipality. A member of the appointing board\\nis not eligible to be appointed as the health officer. Such health\\nofficer shall be a citizen and qualified as provided in the sanitary\\ncode. Such qualifications shall be determined by the public health\\ncouncil, in consultation with the rural health council. Notwithstanding\\nthe provisions of any general or local law or charter, a person who is\\nqualified as provided in the sanitary code at the time of his\\nappointment shall be eligible for appointment as health officer.\\n 2. The health officer need not reside within the village or town for\\nwhich he is appointed.\\n 3. The local boards of health of a town and village, or for two or\\nmore towns or villages, jointly, may appoint one health officer to be\\nthe health officer for the several municipalities joining in the\\nappointment, upon the authorization of a resolution or ordinance duly\\nadopted by each of the respective town boards or boards of trustees of\\nthe villages affected, with the written approval of the commissioner.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "321", "title" : "Local health officer; power of commissioner to appoint; expenses", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "321", "activeDate" : "2014-09-22", "sequenceNo" : 179, "repealedDate" : null, "fromSection" : "321", "toSection" : "321", "text" : " § 321. Local health officer; power of commissioner to appoint;\\nexpenses. 1. If any local board of health fails to appoint a health\\nofficer qualified as provided in the sanitary code, the commissioner may\\nexercise the powers of a health officer in such municipality, or\\ndesignate a health officer qualified as provided in the sanitary code,\\nto exercise such powers.\\n 2. The expenses lawfully incurred by the commissioner in such\\nmunicipality shall be a charge upon and paid by such municipality until\\nsuch time as a local health officer shall be appointed therein,\\nwhereupon the jurisdiction conferred by this section on the commissioner\\nor other person designated by him shall cease.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "322", "title" : "Local health officer; term of office; removal", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "322", "activeDate" : "2014-09-22", "sequenceNo" : 180, "repealedDate" : null, "fromSection" : "322", "toSection" : "322", "text" : " § 322. Local health officer; term of office; removal. 1. The term of\\noffice of the health officer of a municipality shall be four years and\\nhe shall hold office until his successor is appointed and qualifies.\\n 2. (a) The health officer may be removed from office for just cause by\\nthe local board of health or by the commissioner after a hearing upon\\nnotice. Removal of the health officer by the local board of health shall\\nbe subject to the approval of the commissioner.\\n (b) Where a health officer has been appointed jointly, by two or more\\nlocal boards of health, the power of a local board of health to remove\\nthe health officer shall in such case be exercised jointly by the local\\nboards participating in the appointment.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "323", "title" : "Local health officer; compensation and expenses", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "323", "activeDate" : "2014-09-22", "sequenceNo" : 181, "repealedDate" : null, "fromSection" : "323", "toSection" : "323", "text" : " § 323. Local health officer; compensation and expenses. 1. Every\\nlocal board of health shall fix the compensation of the local health\\nofficer, which in the case of the health officer of a city, town,\\nvillage and consolidated health district having a population of eight\\nthousand or less, shall not be less than the equivalent of fifteen cents\\nper annum per inhabitant, including Indians on reservations, of the\\ncity, town, village or consolidated health district, according to the\\nlatest federal or state census or enumeration; and in a city, town,\\nvillage and consolidated health district having a population of more\\nthan eight thousand, shall not be less than twelve hundred dollars per\\nannum.\\n 2. In addition to his compensation as provided herein, the board of\\nhealth shall allow the actual and reasonable expenses of the health\\nofficer (a) in the performance of his official duties, (b) in going to,\\nattending and returning from the annual health conference or equivalent\\nmeeting held yearly within the state (c) in going to, attending and\\nreturning from conferences called by the commissioner or his authorized\\nrepresentative and (d) in going to, attending and returning from\\nconferences called by the state district health officer of the district.\\nThe board of health, in lieu of allowing the actual and reasonable\\nexpenses for travel of said health officer, may determine by resolution\\nto allow him an amount not to exceed eight cents per mile for the use of\\nhis own automobile for each mile actually and necessarily traveled by\\nhim in the performance of the duties of his office and in going to,\\nattending and returning from any of such conferences.\\n 4. (a) The regular compensation of a health officer appointed jointly\\nby two or more local boards of health for two or more towns or villages\\nshall be fixed jointly by such boards in such sum as they shall\\ndetermine in accordance with the provisions of this section, and such\\ncompensation, together with the expenses of the health officer in the\\nperformance of his duties and in attending the annual sanitary\\nconference or equivalent meeting and conferences called by the state\\ndistrict health officer, shall be allowed by the local boards of health\\nand paid by the municipalities in the proportions to each as shall have\\nbeen determined in the resolutions or ordinances authorizing the joint\\nappointment of the health officer.\\n (b) The resolution or ordinance of the towns and villages authorizing\\nthe local boards of health of said towns or villages to appoint a health\\nofficer for the said towns or villages pursuant to subdivision three of\\nsection three hundred twenty of this chapter, shall state the proportion\\nof compensation and expenses of the health officer for which each such\\ntown or village shall be responsible.\\n 5. The provisions of this section relating to the care of venereal\\ndiseases shall not apply to municipalities where a satisfactory clinic\\nis reasonably available.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "324", "title" : "Local health officer; general powers and duties", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "324", "activeDate" : "2014-09-22", "sequenceNo" : 182, "repealedDate" : null, "fromSection" : "324", "toSection" : "324", "text" : " § 324. Local health officer; general powers and duties. 1. In\\naddition to such other duties as may be lawfully imposed upon him and\\nsubject to the provisions of this chapter and the sanitary code, every\\nhealth officer shall:\\n (a) make an annual sanitary survey and maintain sanitary supervision\\nover the territory within his jurisdiction;\\n (b) make a sanitary inspection periodically of all places of public\\nassemblage, and report thereon to those responsible for the maintenance\\nof such places of public assemblage;\\n (c) promote the spread of information as to the causes, nature and\\nprevention of prevalent diseases, and the preservation and improvement\\nof health;\\n (d) take such steps as may be necessary to secure prompt and full\\nreports by physicians of reportable diseases and prompt and complete\\nregistration of births and deaths;\\n (e) enforce within his jurisdiction the provisions of this chapter and\\nthe sanitary code; and,\\n (f) attend conferences called by the commissioner or his authorized\\nrepresentatives.\\n 2. The health officer may employ such persons as shall be necessary to\\nenable him to carry into effect the orders and regulations of the board\\nof health and the provisions of this chapter and of the sanitary code,\\nand fix their compensation within the limits of the appropriation\\ntherefor.\\n 3. A health officer appointed for two or more towns or villages shall\\nhave and exercise in each such town or village all the rights, powers,\\nduties and obligations conferred and imposed by law upon a health\\nofficer therein, in the same manner as though appointed separately,\\nrather than jointly, by the local boards of health for each such town or\\nvillage.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "325", "title" : "Local health officer; practice of medicine prohibited; certain cities", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "325", "activeDate" : "2014-09-22", "sequenceNo" : 183, "repealedDate" : null, "fromSection" : "325", "toSection" : "325", "text" : " § 325. Local health officer; practice of medicine prohibited; certain\\ncities. In cities of more than fifty thousand population according to\\nthe latest federal or state census or enumeration, the local health\\nofficer hereafter appointed shall devote his entire time to the duties\\nof his office and shall not engage in the private practice of medicine.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "326", "title" : "Local health officer; temporary or acting; appointment; compensation; powers", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "326", "activeDate" : "2014-09-22", "sequenceNo" : 184, "repealedDate" : null, "fromSection" : "326", "toSection" : "326", "text" : " § 326. Local health officer; temporary or acting; appointment;\\ncompensation; powers. 1. (a) A health officer with the consent of the\\nboard of health in a town or village, and with the consent of the board\\nor official having power to appoint a health officer in a city, may\\nappoint a person who meets the qualifications contained in the sanitary\\ncode to act as health officer during his temporary absence or incapacity\\non account of illness or other cause for a period not exceeding three\\nmonths.\\n (b) In the event that the health officer fails to, or is physically\\nincapable of appointing a qualified person to act as health officer\\nduring his temporary absence or incapacity, then the board of health in\\na town or village or the board or official having power to appoint a\\nhealth officer in a city, shall appoint a qualified person to act as\\nhealth officer during the temporary absence or incapacity of the regular\\nhealth officer, for a period not exceeding three months.\\n (c) If any local board of health fails to appoint an acting health\\nofficer pursuant to this section then the commissioner may appoint a\\nqualified person to serve as such health officer during the absence or\\nincapacity of the health officer, for a period not exceeding three\\nmonths.\\n 2. The health officer, or the board of health or other official, who\\nappoints a qualified person to act as health officer pursuant to this\\nsection, shall report immediately in writing to the department the name\\nand address of the person so appointed.\\n 3. An acting health officer, during the period for which he is\\nappointed, shall have all the rights, powers and duties imposed upon the\\nhealth officer by this chapter and the sanitary code.\\n 4. The board of health in a town or village and the board or officer\\nhaving authority to fix the salary of a health officer in a city may\\nallow such compensation as it deems reasonable covering such temporary\\nservice. The appointment of an acting health officer in a case where the\\nregular health officer shall have been appointed jointly by two or more\\nlocal boards of health for two or more towns or villages shall be with\\nthe consent of the appointing local boards, and the compensation of such\\nacting health officer shall be allowed and paid in the same manner as\\nthe fixed compensation of the regular health officer.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "327", "title" : "Local health officer; nurses; appointment", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "327", "activeDate" : "2014-09-22", "sequenceNo" : 185, "repealedDate" : null, "fromSection" : "327", "toSection" : "327", "text" : " § 327. Local health officer; nurses; appointment. Every health\\nofficer or other official exercising similar duties, by whatever\\nofficial designation he may be known, with the approval and consent of\\nthe local board of health of his district, shall have power to employ\\nsuch number of public health nurses, qualified as provided by the\\nsanitary code, as in his judgment may be necessary within the limits of\\nthe appropriation made therefor by the municipality.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "328", "title" : "Local health officer; nurses; duties", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "328", "activeDate" : "2014-09-22", "sequenceNo" : 186, "repealedDate" : null, "fromSection" : "328", "toSection" : "328", "text" : " § 328. Local health officer; nurses; duties. Subject to the\\nprovisions of this chapter and the sanitary code, public health nurses\\nappointed pursuant to this article, shall work under the direction of\\nthe local health officer and shall perform such duties as may be\\nassigned by him.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "329", "title" : "Local health officer; immunity from personal liability", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "329", "activeDate" : "2014-09-22", "sequenceNo" : 187, "repealedDate" : null, "fromSection" : "329", "toSection" : "329", "text" : " § 329. Local health officer; immunity from personal liability. 1. No\\nhealth officer, inspector, investigator, public health nurse, or other\\nrepresentative of a health officer, and no person or persons other than\\nthe county, city, village or town by which such health officer or\\nrepresentative thereof is employed shall be sued or held to liability\\nfor any act done or omitted by any such health officer or representative\\nof a health officer in good faith and with ordinary discretion on behalf\\nor under the direction of such county, city, village or town pursuant to\\nits regulations or ordinances, or the sanitary code, or this chapter.\\n 2. Any person whose property may have been unjustly or illegally\\ndestroyed or injured pursuant to any order, regulation or ordinance, or\\naction of any board of health or health officer, or representative of a\\nhealth officer, for which no personal liability may exist as aforesaid,\\nmay maintain a proper action against the county, city, village or town\\nfor the recovery of proper compensation or damages. Every such suit must\\nbe brought within six months after the cause of action arose and the\\nrecovery shall be limited to the damages suffered.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 10 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A3T3", "title" : "County and Part-county Health Districts", "docType" : "TITLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3", "activeDate" : "2014-09-22", "sequenceNo" : 188, "repealedDate" : null, "fromSection" : "340", "toSection" : "357", "text" : " TITLE III\\n COUNTY AND PART-COUNTY HEALTH DISTRICTS\\nSection 340. County or part-county health districts; establishment.\\n 341. County or part-county health districts; local health\\n districts within; villages in two counties.\\n 342. County or part-county health districts; withdrawal of a\\n city.\\n 343. County or part-county boards of health; organization;\\n appointment.\\n 344. County or part-county boards of health; terms of office;\\n vacancies.\\n 345. County or part-county boards of health; compensation and\\n expenses of members.\\n 346. County or part-county boards of health; general expenses.\\n 347. County or part-county boards of health; powers and duties;\\n rules and regulations.\\n 348. County or part-county health districts; sanitary codes;\\n violations and penalties.\\n 349. County or part-county boards of health; other health\\n functions; hospitals and laboratories.\\n 350. County or part-county boards of health; officers.\\n 351. County or part-county health commissioner, public health\\n director or county health director; appointment;\\n compensation.\\n 352. County or part-county health commissioners; powers and\\n duties.\\n 353. Deputy county or part-county health commissioners;\\n assistants and employees; appointment.\\n 354. County or part-county health districts; removal of\\n deputies, assistants and health officers.\\n 355. County or part-county health districts; dissolution.\\n 356. Certain counties; legislative bodies constituted boards of\\n health; county health directors; nurses designated as\\n school nurses.\\n 357. Certain counties; health services advisory boards.\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "340", "title" : "County or part-county health districts; establishment", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "340", "activeDate" : "2014-09-22", "sequenceNo" : 189, "repealedDate" : null, "fromSection" : "340", "toSection" : "340", "text" : " § 340. County or part-county health districts; establishment. 1. (a)\\nThe board of supervisors of any county, with the approval of the\\ncommissioner shall have power to establish a county or part-county\\nhealth district and in such event shall appoint a board of health for\\nsuch county or part-county health district. No city or any part thereof\\nshall be included as a part of any such health district unless the mayor\\nand a majority of the common council of such city or the officials\\nexercising similar powers shall have consented thereto and, in respect\\nof cities having a population of fifty thousand or more, according to\\nthe last preceding federal or state census or enumeration, unless a\\nmajority of the supervisors representing that part of the county outside\\nsuch city shall have consented thereto.\\n (b) Notwithstanding the provisions of this subdivision or any other\\ngeneral, special or local law to the contrary, and except as provided in\\nthe provisions of article thirteen-E of this chapter, a board of health\\nof a county health district, if there be one, shall have sole\\njurisdiction to enforce the provisions of article thirteen-E of this\\nchapter on a county-wide basis.\\n 2. In a county containing one or more cities having a population of\\nfifty thousand or more, according to the last preceding federal or state\\ncensus or enumeration which are not to be included in a county or\\npart-county health district, a majority of the supervisors representing\\nthat part of the county outside such city or cities may petition the\\nboard of supervisors to establish such part of the county as a\\npart-county health district and, upon receiving such petition, the board\\nof supervisors shall forthwith file a certified copy of such petition\\nwith the commissioner.\\n 3. Whenever the provisions of this section shall have been proposed to\\nbe adopted in any county, and proceedings have been taken to establish a\\ncounty or part-county health district within any such county, the board\\nof supervisors shall notify the commissioner in writing of the proposed\\nestablishment of such county or part-county health district, and in such\\nnotice shall state the extent of the territory intended to be included\\nwithin such district. The consent of the commissioner to the\\nestablishment of any such health district shall be evidenced by a\\ncertificate, setting forth the approval of the commissioner to the\\nestablishment of such health district. Such certificate shall be filed\\nwith the clerk of the board of supervisors.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "341", "title" : "County or part-county health districts; local health districts within; villages in two counties", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "341", "activeDate" : "2014-09-22", "sequenceNo" : 190, "repealedDate" : null, "fromSection" : "341", "toSection" : "341", "text" : " § 341. County or part-county health districts; local health districts\\nwithin; villages in two counties. 1. Local health districts within the\\narea of any county or part-county health district shall continue to\\nexist as subdivisions of such health district, and the local boards of\\nhealth shall continue to exist and to retain their powers and duties\\nsubject to the rulings and regulations of the board of health of the\\ncounty or part-county health district, and may continue to appoint local\\nhealth officers for such local health districts as provided by law.\\n 2. If a county or part-county health district as heretofore or\\nhereafter established by a board of supervisors shall by its terms\\ncontain a portion of any village which lies partly within said county\\nand partly within some other county, said village, without regard to\\npopulation, shall continue its local district organization in the same\\nmanner as before, in which case the health officer of the village acting\\nwithin the county or part-county health district shall be a deputy of\\nthe county health commissioner with reference to acts performed within\\nsaid county or part-county health district. Provided, however, said\\nvillage may, by resolution of the village board, limit the local health\\ndistrict to that portion of the village lying in the county outside of\\nthe county or part-county health district, in which event the\\ncompensation of the local health officer shall be based upon the number\\nof inhabitants in the reduced village health district, and the residents\\nof that portion of the village lying within the county or part-county\\nhealth district shall not be taxed by the village for the maintenance of\\nsuch reduced local health district.\\n 3. The governing authorities of any city, village or town or the\\ngoverning authorities of the cities, villages or towns within a\\nconsolidated health district may abolish such city, village, town or\\nconsolidated health district as a local health district, whereupon all\\nthe powers and duties of the local board of health of such local health\\ndistrict shall devolve upon the board of health of the county or\\npart-county health district and all the powers and duties of the local\\nhealth officer of such local health district shall devolve upon the\\ncounty health commissioner.\\n 4. The governing authorities of a town or village, the local board of\\nhealth of which has been abolished pursuant to the provisions of this\\nsection, when authorized by a proposition submitted and adopted in the\\nmanner provided by law, may employ a public health nurse or public\\nhealth nurses, qualified as provided in the sanitary code, and make the\\nnecessary appropriation therefor. Such public health nurse, or nurses,\\nshall work under the direction of the county health commissioner.\\n 5. Where the local health district within the area of any county or\\npart county health district is a town in which there are one or more\\nincorporated villages and the local board of health is a town board,\\nappropriations made by the town board for the purposes stated in\\nsubdivisions one and four of this section shall be a charge upon the\\ntaxable property of that part of the town outside of any incorporated\\nvillage.\\n If a proposition is submitted as provided in subdivision four of this\\nsection for the employment of public health nurses in a town in which\\nthere are incorporated villages which constitute a local health\\ndistrict, only such persons who are electors and owners of record of\\nproperty in the town outside of incorporated villages shall be entitled\\nto vote upon such a proposition.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "342", "title" : "County or part-county health districts; withdrawal of a city", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "342", "activeDate" : "2014-09-22", "sequenceNo" : 191, "repealedDate" : null, "fromSection" : "342", "toSection" : "342", "text" : " § 342. County or part-county health districts; withdrawal of a city.\\n1. The governing authorities of any city which has consented to be\\nincluded in a county or part-county health district, may, at any time\\nafter three years shall have elapsed since such city has been included\\nin such health district, by resolution adopted by said authorities,\\nprovide for the withdrawal of such city from the county or part-county\\nhealth district.\\n 2. Before such action for the withdrawal of a city from a county or\\npart-county health district is taken an opportunity shall be given for a\\npublic hearing before such governing authorities. Public notice shall be\\ngiven and the board of health of the county or part-county health\\ndistrict shall be notified in writing, at least thirty days in advance,\\nof the time and place of such hearing.\\n 3. The withdrawal of a city from a county or part-county health\\ndistrict, shall become effective at a time to be stated in the\\nresolution adopted by the governing authorities of the city pursuant to\\nthe provisions of this section, which said time shall be not less than\\nthirty days from the date of the adoption of said resolution. Upon the\\ndate when such resolution shall become effective, the local health\\ndistrict of such city shall be reinstated and it shall have all the\\npowers of a local health district as though such city had not been\\nincluded in the county or part-county health district pursuant to the\\nprovisions of this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "343", "title" : "County or part-county boards of health; organization; appointment", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2024-11-29" ], "docLevelId" : "343", "activeDate" : "2014-09-22", "sequenceNo" : 192, "repealedDate" : null, "fromSection" : "343", "toSection" : "343", "text" : " § 343. County or part-county boards of health; organization;\\nappointment. 1. The board of health of a county or part-county health\\ndistrict shall consist of seven members, one of whom shall be a member\\nof the board of supervisors, selected by the board of supervisors, and\\nat least three of whom shall be physicians licensed to practice in the\\nstate of New York, and in addition thereto, each city which becomes a\\npart of the county or part-county health district shall be entitled to\\none additional representative member on the board of health.\\n 2. The members of the board of health of a county or part-county\\nhealth district shall be residents of the health district.\\n 3. (a) The members of the board of health shall be appointed by the\\nboard of supervisors.\\n (b) The county medical society of the county in which a county or\\npart-county health district is established may submit to the board of\\nsupervisors a list of physicians from which the board of supervisors may\\nchoose the medical members of the board of health.\\n (c) The additional city representative members of the board of health\\nshall each be appointed by the board of supervisors from a list of three\\npersons submitted by the mayor or other administrative head of such\\ncity. Such city representative members so appointed shall have all the\\npowers and duties conferred upon other members of said board.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "344", "title" : "County or part-county boards of health; terms of office; vacancies", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "344", "activeDate" : "2014-09-22", "sequenceNo" : 193, "repealedDate" : null, "fromSection" : "344", "toSection" : "344", "text" : " § 344. County or part-county boards of health; terms of office;\\nvacancies. 1. The term of office of each appointive member of the board\\nof health of a county or part-county health district, including the\\nadditional city representative members shall be six years, and the term\\nof one of the members shall expire annually; except that the term of\\noffice of the representative member of the board of supervisors shall be\\nfor such lesser period as may be required in the event that he does not\\ncontinue as a member of the board of supervisors.\\n 2. Upon the establishment of a new county or part-county health\\ndistrict, the first appointments shall be made for the respective terms\\nof six, five, four, three, two and one years.\\n 3. Vacancies shall be filled by appointment for the unexpired terms.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "345", "title" : "County or part-county boards of health; compensation and expenses of members", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "345", "activeDate" : "2014-09-22", "sequenceNo" : 194, "repealedDate" : null, "fromSection" : "345", "toSection" : "345", "text" : " § 345. County or part-county boards of health; compensation and\\nexpenses of members. The members of the board of health of a county or\\npart-county health district shall receive for attendance at meetings of\\nthe board, and, when authorized by the president of the board, within\\nappropriations made therefor, for meetings of standing committees, a per\\ndiem compensation which shall be fixed by the board of supervisors, and\\nin addition thereto, they shall be allowed actual and necessary\\ntraveling expenses, to be audited and paid in the same manner as other\\nexpenses of such board of health.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "346", "title" : "County or part-county boards of health; general expenses", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "346", "activeDate" : "2014-09-22", "sequenceNo" : 195, "repealedDate" : null, "fromSection" : "346", "toSection" : "346", "text" : " § 346. County or part-county boards of health; general expenses. 1.\\nIn counties having a county auditor or county comptroller, all charges\\nand other expenses of a county or part-county health district shall be\\naudited and paid in the same manner as other charges against the county.\\nIn counties that do not have a county auditor or county comptroller, all\\naccounts, charges, claims and demands of such health district shall be\\npresented to and audited by the board of health of said district and\\npaid by the county treasurer upon warrants of the said board of health\\nwithin the limits of the appropriation made therefor.\\n 2. The board of health of a county or part-county health district\\nshall submit annually in the manner prescribed by and on or before the\\ndate fixed by or pursuant to law, an itemized estimate of the revenues\\nand expenditures of such health district, for the ensuing fiscal year.\\nThe board of supervisors shall levy a tax upon the taxable property\\nwithin the county or part-county health district, to the extent\\nnecessary to provide moneys to meet appropriations for such health\\ndistrict. The board of supervisors may appropriate moneys in the manner\\nprovided by law for any items of expense of the county or part-county\\nhealth district which may in any degree tend to promote the efficiency\\nof the administration of the provisions of this chapter and the\\nregulations adopted pursuant to the authority thereof.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "347", "title" : "County or part-county boards of health; powers and duties; rules and regulations", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "347", "activeDate" : "2014-09-22", "sequenceNo" : 196, "repealedDate" : null, "fromSection" : "347", "toSection" : "347", "text" : " § 347. County or part-county boards of health; powers and duties;\\nrules and regulations. 1. Upon the establishment of a board of health\\nfor a county or part-county health district as provided in this article,\\nit shall exercise all the powers and perform all duties of local boards\\nof health as provided in this chapter, and such board of health may\\nformulate, promulgate, adopt and publish rules, regulations, orders and\\ndirections for the security of life and health in the health district\\nwhich shall not be inconsistent with the provisions of this chapter and\\nthe sanitary code. Such rules, regulations, orders and directions shall\\nbe known as the sanitary code of such district.\\n a. Every rule, regulation, order and direction adopted by a board of\\nhealth or a county officer or body exercising the rule-making functions\\nof a board of health shall state the date on which it takes effect and a\\ncopy thereof signed by the county health commissioner or his deputy or\\nsuch county officer or the elective or appointive chief executive\\nofficer of such county body exercising the rule-making functions of a\\nboard of health shall be filed as a public record in the department, in\\nthe county or part-county department of health and in the office of the\\ncounty clerk and shall be published in such manner as the board of\\nhealth or such county officer or body exercising the rule-making\\nfunctions of a board of health may from time to time determine. No such\\nrule, regulation, order or direction shall be effective prior to filing\\nas a public record in the department.\\n b. The county health commissioner or his deputy shall furnish\\ncertified copies of the sanitary code of the health district and its\\namendments for a fee of one dollar.\\n c. Nothing herein contained shall be construed to restrict the power\\nof any county, city, town or village to adopt and enforce additional\\nordinances or enforce existing ordinances relating to health and\\nsanitation provided that such ordinances are not inconsistent with the\\nprovisions of this chapter or the sanitary code.\\n 2. The board of health of a county or part-county health district is\\nhereby authorized to enter into contracts with one or more counties for\\nmutual aid in the delivery of health services, including but not limited\\nto public health emergency responses such as disease surveillance, mass\\nimmunization programs, mass antibiotic distribution, and handling of\\nmass casualties, provided approval of such contracts by the legislative\\nbody of each county and of the commissioner is obtained. Each county or\\npart-county health district shall be liable for acts or omissions of its\\nemployees or agents when acting pursuant to such a contract in the same\\nmanner and to the same extent as if such acts or omissions occurred\\nwithin the county or part-county health district; and such employees or\\nagents shall have immunities and privileges for their acts or omissions\\nwhen acting pursuant to such a contract in the same manner and to the\\nsame extent as if such acts or omissions occurred within the county or\\npart-county health district; except that such a contract may apportion\\nliability otherwise between or among the county or part-county health\\ndistricts.\\n 3. Except as provided in the provisions of article thirteen-E of this\\nchapter, a board of health of a county health district shall exercise\\nall the powers and perform all duties relative to the enforcement of\\narticle thirteen-E of this chapter pursuant to rules and regulations\\npromulgated by the commissioner.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "348", "title" : "County or part-county health districts; sanitary codes; violations and penalties", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "348", "activeDate" : "2014-09-22", "sequenceNo" : 197, "repealedDate" : null, "fromSection" : "348", "toSection" : "348", "text" : " § 348. County or part-county health districts; sanitary codes;\\nviolations and penalties. 1. The provisions of the sanitary code of a\\ncounty or part-county health district shall have the force and effect of\\nlaw.\\n 2. Any non-compliance or non-conformance with any provision of such\\nsanitary code or of a rule or regulation, duly made thereunder shall\\nconstitute a violation punishable on conviction for a first offense by a\\nfine of not more than two hundred fifty dollars or by imprisonment for\\nnot more than fifteen days or by both such fine and imprisonment; and\\nfor a second or subsequent offense by a fine not exceeding five hundred\\ndollars or by imprisonment for not exceeding fifteen days, or both.\\n 3. Certified copies of the sanitary code of a county or part-county\\nhealth district shall be received in evidence in all courts and\\nproceedings in the state.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "349", "title" : "County or part-county boards of health; other health functions; hospitals and laboratories", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "349", "activeDate" : "2014-09-22", "sequenceNo" : 198, "repealedDate" : null, "fromSection" : "349", "toSection" : "349", "text" : " § 349. County or part-county boards of health; other health functions;\\nhospitals and laboratories. In any county in which a county health\\ndistrict has been or is hereafter established, the boundaries of which\\nare coterminous with the county, the board of supervisors shall have\\npower to abolish the board of managers of the county tuberculosis\\nhospital, or of the county public general hospital, or of the county\\nlaboratory, and, if so abolished, shall confer all the powers and duties\\nof any or all of such boards of managers upon the county board of\\nhealth.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "350", "title" : "County or part-county boards of health; officers", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "350", "activeDate" : "2014-09-22", "sequenceNo" : 199, "repealedDate" : null, "fromSection" : "350", "toSection" : "350", "text" : " § 350. County or part-county boards of health; officers. The board of\\nhealth of a county or part-county health district shall elect annually\\none of its members as president and another as vice-president. The board\\nof health may designate the county health commissioner to act as its\\nsecretary without extra compensation.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "351", "title" : "County or part-county health commissioner, public health director or county health director; appointment; compensation", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "351", "activeDate" : "2014-09-22", "sequenceNo" : 200, "repealedDate" : null, "fromSection" : "351", "toSection" : "351", "text" : " § 351. County or part-county health commissioner, public health\\ndirector or county health director; appointment; compensation. 1. The\\nboard of health of each county and part-county health district or other\\nbody having the powers and duties of a board of health of a county or\\npart-county health district or the county executive in those counties\\nwhere the county charter provides that said commissioner is to be\\nappointed by the county executive shall appoint a county health\\ncommissioner, county health director or, when authorized under the state\\nsanitary code, public health director; except, however,\\n (a) that the boards of health of not more than three county or\\npart-county health districts or other bodies having the powers and\\nduties of a board of health of a county or part-county health district\\nmay appoint the same person to serve as county health commissioner,\\ncounty health director or, when authorized by the state sanitary code,\\npublic health director for said health districts, if the total\\npopulation of health districts is not in excess of one hundred fifty\\nthousand according to the latest federal decennial census, provided the\\napproval of the commissioner is obtained; or\\n (b) the board of health or other body having the powers and duties of\\na board of health of a county or part-county health district of any\\ncounty health district with a population of less than thirty-five\\nthousand according to the latest federal decennial census may appoint\\nthe same person employed by a contiguous county or part-county health\\ndistrict to serve as county health commissioner, county health director\\nor, when authorized by the state sanitary code, public health director\\nwithout regard to the total population of both health districts,\\nprovided the approval of the commissioner is obtained.\\n The commissioner shall periodically review his or her determination to\\nensure such employment of the same county health director, director of\\npublic health or county health commissioner continues to serve the\\ninterest of public health and may terminate his or her approval at his\\nor her discretion.\\n 2. If the commissioner has approved the appointment of the same person\\nto serve as the county commissioner of health or public health director\\nof more than one county or part-county health district pursuant to\\nsubdivision one of this section, then during the continuation of such\\napproval the commissioner may also authorize the same members to be\\nappointed to the board of health of each respective health district,\\nnotwithstanding their residency in the other county.\\n 3. Any boards of health or other bodies having the powers and duties\\nof a board of health of a county or part-county health district having\\nthe same members shall annually submit such information and reports\\nregarding the effect of such employment on administration of the\\nrespective health districts and the provision of public health services\\nas the commissioner may require. The commissioner shall use such\\ninformation in determining whether such common membership continues to\\nserve the interest of public health.\\n 4. The county health commissioner or public health director shall\\npossess such qualifications for office as are prescribed in the sanitary\\ncode.\\n 5. The county health commissioner or public health director shall\\nserve for a term of six years and shall not be removed during the term\\nfor which he or she shall have been appointed, except upon written\\ncharges after a hearing and upon notice.\\n 6. The county health commissioner or public health director shall\\nreceive such compensation as may be fixed by the board of supervisors\\nor, if the commissioner's approval has been obtained for the employment\\nof the same person as the county health commissioner or public health\\ndirector pursuant to subdivision one of this section, by the boards of\\nsupervisors.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "352", "title" : "County or part-county health commissioners; powers and duties", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "352", "activeDate" : "2014-09-22", "sequenceNo" : 201, "repealedDate" : null, "fromSection" : "352", "toSection" : "352", "text" : " § 352. County or part-county health commissioners; powers and duties.\\n1. Every county health commissioner shall devote his entire time to the\\nduties of his office except that in a county operating as a county\\nhealth district, the boundaries of which are co-terminous with the\\ncounty, he may, with the approval of the commissioner, be appointed\\nsuperintendent of the county general hospital and further excepted, that\\nin a county or part-county health district, he may, with the approval of\\nthe commissioner, be appointed medical consultant to any county or other\\nlocal governmental agency within the county or part-county health\\ndistrict.\\n 2. The county health commissioner shall, within his district, exercise\\ngeneral supervision and control of the medical treatment of patients in\\nthe institutions, public health centers and clinics operated by the\\nhealth district and possess all the powers conferred upon and perform\\nall the duties required of local health officers.\\n 3. (a) The county health commissioner, within his district and with\\nthe approval of the county board of health, or the county manager or\\ncounty executive in those counties having an optional or alternative\\nform of county government, and with the approval of the state\\ncommissioner of health, may enter into contracts\\n (1) with corporations duly licensed in the state of New York to\\ntransact the business of accident and health insurance to provide to\\nsick and disabled persons insured by them such home care, including\\nnursing and other paramedical services (excluding physicians' services)\\nas may be needed by them;\\n (2) with hospital service corporations organized and operating in\\naccordance with article forty-three of the insurance law to provide to\\ntheir subscribers nursing service and such other paramedical services as\\nwould have been available in a hospital (excluding physicians' services)\\nat rates which shall prior to payment be approved as to reasonableness\\nby the superintendent of financial services;\\n (3) with any municipal corporation or local, state or federal agency\\nto provide such home care, including nursing and other paramedical\\nservices (excluding physicians' services) as may be needed by sick and\\ndisabled persons;\\n (4) with medical expense indemnity corporations organized and\\noperating in accordance with article forty-three of the insurance law to\\nprovide their subscribers with such home care, including nursing and\\nother paramedical services as may be needed by them at rates which shall\\nprior to payment be approved as to reasonableness by the superintendent\\nof financial services; and\\n (5) with any non-profit corporation, agency or association established\\nfor the purpose of improvement of health services, or for the purpose of\\nproviding home care for sick and disabled persons, including nursing and\\nother paramedical services (excluding physicians' services) as may be\\nneeded by such persons.\\n (6) with any dentist, physician or group of physicians, without public\\nbidding, for the rental or use of a portion of a clinic or public health\\ncenter and its equipment and furnishings provided, however, that any\\nsuch dentist, physician or group of physicians shall render such care\\nand treatment as shall be necessary or possible under the circumstances\\nto any person found eligible for emergency treatment including those\\nfound in an unconscious, seriously ill or wounded condition and to any\\nperson eligible for medical assistance pursuant to section three hundred\\nsixty-six of the social services law.\\n (b) such county commissioner, manager or executive, as the case may\\nbe, shall establish the fees to be charged for such services to be\\nrendered pursuant to such contracts, collect such fees and pay the same\\nover to the fiscal officer of the county in the manner provided by law.\\nNo contract made in accordance with the provisions of subdivision (a) of\\nthis section shall require payment for such services to an insured or\\nsubscriber at a rate in excess of the charge for the same service, if\\nany, provided to a person afflicted with a similar disease or condition\\nwho is neither insured nor a subscriber.\\n 4. The county or part-county health commissioner within his district\\nand with the approval of the county or part-county board of health, or\\nthe county manager or county executive in those counties having an\\noptional or alternate form of county government and with the approval of\\nthe state commissioner of health may establish and collect fees from a\\npatient or a person or private or public agency responsible for his care\\nfor services rendered to patients in the institutions, public health\\ncenters and clinics operated by the health district and for nursing and\\nparamedical services (excluding physicians' services) rendered to people\\nsick at home. Fees so collected shall be paid to the fiscal officer of\\nthe county in the manner provided by law.\\n 5. The county or part-county health commissioner may in his\\ndiscretion, in proper cases, where substantial justice will best be\\nserved thereby, waive the collection of all, or any portion of, such\\nfees or compromise any portion of such fees. Such waiver or compromise\\nshall be made only upon prior approval of the county or part-county\\nboard of health, or the county manager or county executive in those\\ncounties having an optional or alternate form of county government, when\\nit is deemed to be in the best interests of the county.\\n 6. The county or part-county health commissioner, the public health\\ndirector, the New York city commissioner of health or the county manager\\nor county executive in those counties having an optional or alternate\\nform of county government, may contract with a private collection agency\\nfor the collection of overdue claims and obligations with respect to\\nfees charged for physician, dentist, nursing, paramedical, therapist,\\nlaboratory and home health services and medical supplies and equipment\\nor other health-related services provided by, on behalf of, or at the\\nrequest of the county or part-county health district or health\\ndepartment.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "353", "title" : "Deputy county or part-county health commissioners; assistants and employees; appointment", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "353", "activeDate" : "2014-09-22", "sequenceNo" : 202, "repealedDate" : null, "fromSection" : "353", "toSection" : "353", "text" : " § 353. Deputy county or part-county health commissioners; assistants\\nand employees; appointment. 1. Local health officers who continue to\\nhold office after the establishment of a county or part-county health\\ndistrict, pursuant to the provisions of this article, shall be deputies\\nof the county health commissioner, who may require any such local health\\nofficer to perform within his jurisdiction any of the duties required of\\nlocal health officers.\\n 2. The county health commissioner may appoint with the approval of the\\nboard of health such additional deputies, assistant deputies and other\\nemployees as may be required to fulfill the purposes of this article in\\nthe health district and as may be authorized by the board of supervisors\\npursuant to the provisions of section four hundred one of the county\\nlaw. Such deputies and assistant deputies and other employees shall have\\nthe qualifications prescribed in the sanitary code.\\n 3. The county health commissioner may designate in writing a deputy,\\nqualified in accordance with the provisions of the sanitary code, to\\nwhom shall be delegated all the powers and duties of the county health\\ncommissioner when such commissioner is unable to act by reason of\\nabsence or disability.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "354", "title" : "County or part-county health districts; removal of deputies, assistants and health officers", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "354", "activeDate" : "2014-09-22", "sequenceNo" : 203, "repealedDate" : null, "fromSection" : "354", "toSection" : "354", "text" : " § 354. County or part-county health districts; removal of deputies,\\nassistants and health officers. 1. The board of health of a county or\\npart-county health district shall have power to remove the health\\nofficer of any local health district included within such county or\\npart-county health district or any deputy or assistant deputy of the\\ncounty health commissioner for cause, upon written charges, and after\\nsuch health officer or deputy, or assistant deputy, after due notice,\\nhas been given an opportunity to be heard.\\n 2. The proceedings in connection with such removal shall be subject to\\nreview by the commissioner, who within thirty days of the receipt of an\\norder of the board of health removing such health officer, may revoke\\nsuch order whereupon the order of removal shall be void.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "355", "title" : "County or part-county health districts; dissolution", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "355", "activeDate" : "2014-09-22", "sequenceNo" : 204, "repealedDate" : null, "fromSection" : "355", "toSection" : "355", "text" : " § 355. County or part-county health districts; dissolution. 1. The\\nboard of supervisors of any county in which a county or part-county\\nhealth district has been or may be established, with the consent of the\\nsupervisors representing that part of a county included in the district\\nin respect to a part-county health district, may abolish such district\\nat any time after three years shall have elapsed following its\\nestablishment, provided, however, that before such action may be taken\\nan opportunity shall be given for a public hearing. Public notice shall\\nbe given and the commissioner shall be notified in writing, at least\\nthirty days in advance, of the time and place of such hearing.\\n 2. The action of the board of supervisors abolishing a health district\\npursuant to the provisions of this section shall become effective thirty\\ndays after the adoption of the resolution to abolish such health\\ndistrict, and at the end of such period the terms of office of the\\nmembers of the board of health and of the county health commissioner\\nshall terminate.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "356", "title" : "Certain counties; legislative bodies constituted boards of health; county health directors; nurses designated as school nurses", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2020-04-17" ], "docLevelId" : "356", "activeDate" : "2014-09-22", "sequenceNo" : 205, "repealedDate" : null, "fromSection" : "356", "toSection" : "356", "text" : " § 356. Certain counties; legislative bodies constituted boards of\\nhealth; county health directors; nurses designated as school nurses. 1.\\nThe legislative body of each county having a population of less than one\\nhundred fifty thousand according to the nineteen hundred seventy federal\\ndecennial census or the legislative body of any county whose population\\nshall be less than one hundred fifty thousand under any future federal\\ndecennial census, except a county in which a county or part-county\\nhealth district has been established under this article or a county\\nhaving a county charter, optional or alternative form of government,\\nshall constitute the board of health of such county and shall have all\\nthe powers and duties of a board of health of a county or part-county\\nhealth district including the power to appoint a full-time or part-time\\ncounty health director. The county health director may serve as\\ndirector of the physically handicapped children's program and may employ\\nsuch persons as shall be necessary to enable him to carry into effect\\nthe orders and regulations of the board of health and the provisions of\\nthis chapter and of the sanitary code, and fix their compensation within\\nthe limits of the appropriation therefor. The members of a legsiative\\nbody shall not receive additional compensation by reason of serving as\\nmembers of a board of health. The county health director, so appointed,\\nshall have all the powers and duties prescribed in section three hundred\\nfifty-two of this article.\\n 2. (a) With the approval of the county health director, the trustee or\\nboard of trustees of any common school district or the board of\\neducation of any union free school district or central school district\\nwithin the county, may designate any nurse employed as provided in this\\nsection as a school nurse to perform, in addition to her other duties,\\nthe duties of a school nurse for any school or schools under such\\nrespective trustee, board of trustees or board of education.\\n (b) Any nurse so designated shall perform her duties as school nurse\\nunder the direction of the school medical inspector and the appropriate\\nschool authorities and under the provisions of the education law and the\\nregulations prescribed pursuant thereto.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "357", "title" : "Certain counties; health services advisory boards", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2024-11-29" ], "docLevelId" : "357", "activeDate" : "2014-09-22", "sequenceNo" : 206, "repealedDate" : null, "fromSection" : "357", "toSection" : "357", "text" : " § 357. Certain counties; health services advisory boards. 1. In a\\ncounty wherein the legislative body constitutes the board of health of\\nsuch county under and pursuant to the provisions of section three\\nhundred fifty-six of this article, the county shall provide for the\\nappointment by the board of health of a health services advisory board\\nconsisting of nine members. Two members shall be licensed physicians.\\nThe remaining members of the board shall be known as public members and\\nshall be selected on the basis of their interest and knowledge regarding\\nthe health needs, resources and facilities of the community.\\n 2. The health services advisory board shall advise the county health\\ndirector with respect to the discharge of his powers, responsibilities\\nand duties.\\n 3. A person may hold other public office or employment while serving\\nas a member of a health services advisory board.\\n 4. The members of a health services advisory board shall have fixed\\nterms of four years except that three of the initial appointments shall\\nbe for two years and three shall be for three years. A term shall be\\ndeemed to run from the first day of the year in which the appointment is\\nmade. Vacancies shall be filled for unexpired terms in the same manner\\nas original appointments. No person may serve as a member for more than\\ntwo terms consecutively.\\n 5. Board members shall be reimbursed for expenses actually and\\nnecessarily incurred in the performance of their duties.\\n 6. Two or more such counties may agree to form a conjoined health\\nservices advisory board. Each county shall be entitled to appoint\\nmembers in accordance with the provisions of subdivision one or may\\nappoint such proportion of the total membership so computed as is\\nmutually agreed upon by the participating counties.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 18 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A3T4", "title" : "Certain Cities", "docType" : "TITLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4", "activeDate" : "2014-09-22", "sequenceNo" : 207, "repealedDate" : null, "fromSection" : "360", "toSection" : "378", "text" : " TITLE IV\\n CERTAIN CITIES\\nSection 360. Certain cities; department of public health; establishment.\\n 361. Certain cities; commissioner of health and health officer;\\n appointment and qualifications.\\n 362. Certain cities; term of office of commissioner and health\\n officer; removal.\\n 363. Certain cities; appointment of deputy commissioners and\\n others; removal.\\n 364. Certain cities; compensation of commissioner and others.\\n 365. Certain cities; undertakings required of health officers.\\n 366. Certain cities; commissioner of health and health officer;\\n powers and duties.\\n 367. Certain cities; deputy commissioners; powers.\\n 368. Certain cities; advisory board; appointment; compensation.\\n 369. Certain cities; appointment of experts; compensation.\\n 370. Certain cities; duty in case of peril to public health.\\n 371. Certain cities; sanitary codes.\\n 372. Certain cities; existing regulations and sanitary codes.\\n 373. Certain cities; sanitary codes; violations and penalties.\\n 374. Certain cities; appeals from orders of commissioner of\\n health or health officers.\\n 375. Certain cities; actions to restrain nuisances.\\n 376. Certain cities; enforcement.\\n 377. Certain cities; license fees.\\n 378. Certain cities; contracts and fees for health services.\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "360", "title" : "Certain cities; department of public health; establishment", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "360", "activeDate" : "2014-09-22", "sequenceNo" : 208, "repealedDate" : null, "fromSection" : "360", "toSection" : "360", "text" : " § 360. Certain cities; department of public health; establishment. 1.\\nThe common council or similar legislative body of each city having a\\npopulation of less than one hundred seventy-five thousand which has not\\nby special law established a department of health, is hereby authorized\\nand empowered by ordinance to abolish its board of health and in its\\nplace to create, establish and maintain a department of public health.\\n 2. The commissioner of health in cities having a population of fifty\\nthousand to one hundred seventy-five thousand, and the health officer in\\ncities having a population of less than fifty thousand shall be the head\\nof such department.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "361", "title" : "Certain cities; commissioner of health and health officer; appointment and qualifications", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "361", "activeDate" : "2014-09-22", "sequenceNo" : 209, "repealedDate" : null, "fromSection" : "361", "toSection" : "361", "text" : " § 361. Certain cities; commissioner of health and health officer;\\nappointment and qualifications. 1. The commissioner of health in cities\\nhaving a population of fifty thousand to one hundred seventy-five\\nthousand shall be appointed by the mayor, and the health officer in\\ncities having a population of less than fifty thousand shall be\\nappointed by the same official or body who or which by charter is\\nauthorized to appoint the heads of city departments.\\n 2. No person shall be eligible to appointment as commissioner of\\nhealth or health officer unless he shall be a physician and surgeon duly\\nlicensed to practice under the laws of this state and who has practiced\\nas such, or has been engaged in public health work for at least five\\nyears and who shall comply with the qualifications therefor prescribed\\nby the public health council in the sanitary code, provided, however,\\nthat a physician who has received the degree of doctor of public health\\nin a course in any institution of learning recognized by the University\\nof the State of New York shall be eligible for appointment as health\\nofficer in cities having a population of less than fifty thousand.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "362", "title" : "Certain cities; term of office of commissioner and health officer; removal", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "362", "activeDate" : "2014-09-22", "sequenceNo" : 210, "repealedDate" : null, "fromSection" : "362", "toSection" : "362", "text" : " § 362. Certain cities; term of office of commissioner and health\\nofficer; removal. 1. The commissioner of health in cities having a\\npopulation of fifty thousand to one hundred seventy-five thousand, and\\nthe health officer in cities having a population of less than fifty\\nthousand, respectively, shall serve for a term of four years.\\n 2. (a) The commissioner of health in cities having a population of\\nfifty thousand to one hundred seventy-five thousand and the health\\nofficer in cities having a population of less than fifty thousand, shall\\nnot be removed by the official or body appointing him during the term\\nfor which he shall have been appointed other than for inefficiency,\\nneglect of duty or misconduct in office, upon written charges and after\\nan opportunity of being publicly heard in his defense.\\n (b) A copy of such charges shall be personally served upon such\\ncommissioner of health in cities having a population of fifty thousand\\nto one hundred seventy-five thousand or health officer in cities having\\na population of less than fifty thousand and he shall be given not less\\nthan five days' notice of the time and place of the hearing.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "363", "title" : "Certain cities; appointment of deputy commissioners and others; removal", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "363", "activeDate" : "2014-09-22", "sequenceNo" : 211, "repealedDate" : null, "fromSection" : "363", "toSection" : "363", "text" : " § 363. Certain cities; appointment of deputy commissioners and others;\\nremoval. 1. The commissioner of health in cities having a population of\\nfifty thousand to one hundred seventy-five thousand may appoint and at\\npleasure remove a deputy commissioner of health who shall be qualified\\nas prescribed in the sanitary code.\\n 2. The commissioner of health in cities having a population of fifty\\nthousand to one hundred seventy-five thousand or health officer in\\ncities having a population of less than fifty thousand shall appoint\\nsuch subordinates as shall be prescribed by the board of estimate and\\napportionment or other board or authority in such cities which is by\\ncharter authorized to designate the number of employees.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "364", "title" : "Certain cities; compensation of commissioner and others", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "364", "activeDate" : "2014-09-22", "sequenceNo" : 212, "repealedDate" : null, "fromSection" : "364", "toSection" : "364", "text" : " § 364. Certain cities; compensation of commissioner and others. In\\ncities having a population of less than one hundred seventy-five\\nthousand, the salary of the commissioner of health, deputy commissioner\\nof health, health officer and all subordinates shall be fixed by the\\nboard of estimate and apportionment, or by the board or authority\\nauthorized by charter to fix salaries.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "365", "title" : "Certain cities; undertakings required of health officers", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "365", "activeDate" : "2014-09-22", "sequenceNo" : 213, "repealedDate" : null, "fromSection" : "365", "toSection" : "365", "text" : " § 365. Certain cities; undertakings required of health officers.\\nBefore entering upon the discharge of the duties of their respective\\noffices, the commissioner of health, deputy commissioner of health or\\nhealth officer in cities having a population of less than one hundred\\nseventy-five thousand, shall each execute and file with the city clerk\\nsuch official undertakings as the common council or similar legislative\\nauthority shall prescribe.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "366", "title" : "Certain cities; commissioner of health and health officer; powers and duties", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "366", "activeDate" : "2014-09-22", "sequenceNo" : 214, "repealedDate" : null, "fromSection" : "366", "toSection" : "366", "text" : " § 366. Certain cities; commissioner of health and health officer;\\npowers and duties. 1. The commissioner of health or the health officer\\nin cities having a population of less than one hundred seventy-five\\nthousand shall:\\n (a) exercise all the powers and be charged with all the duties now or\\nhereafter conferred upon or required of local boards of health or local\\nhealth officers by the laws of this state so far as the same pertain to\\ncities, except as limited or extended by the provisions of this article;\\nand,\\n (b) possess such powers and perform such duties as may be prescribed\\nby ordinance of the common council or similar legislative authority by\\nthis chapter or otherwise by law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "367", "title" : "Certain cities; deputy commissioners; powers", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "367", "activeDate" : "2014-09-22", "sequenceNo" : 215, "repealedDate" : null, "fromSection" : "367", "toSection" : "367", "text" : " § 367. Certain cities; deputy commissioners; powers. In case of the\\nabsence or disability of the commissioner of health or health officer in\\ncities having a population of less than one hundred seventy-five\\nthousand, or of any vacancy in the office, the deputy commissioner of\\nhealth, when there is one, shall discharge the duties of the office\\nuntil the commissioner of health or health officer returns, his\\ndisability ceases or the vacancy is filled.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "368", "title" : "Certain cities; advisory board; appointment; compensation", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "368", "activeDate" : "2014-09-22", "sequenceNo" : 216, "repealedDate" : null, "fromSection" : "368", "toSection" : "368", "text" : " § 368. Certain cities; advisory board; appointment; compensation. 1.\\nIn cities having a population of less than one hundred seventy-five\\nthousand, the mayor may appoint, and at his pleasure remove five\\nresident and practicing physicians of the city who shall act as an\\nadvisory board to the mayor or commissioner of health or health officer\\nupon matters pertaining to public health whenever requested by such\\nmayor, commissioner, or health officer.\\n 2. The members of such advisory board shall serve without\\ncompensation.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "369", "title" : "Certain cities; appointment of experts; compensation", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "369", "activeDate" : "2014-09-22", "sequenceNo" : 217, "repealedDate" : null, "fromSection" : "369", "toSection" : "369", "text" : " § 369. Certain cities; appointment of experts; compensation. The\\ncommissioner of health or health officer in cities having a population\\nof less than one hundred seventy-five thousand, with the written consent\\nof the mayor and subject to the approval of the board of estimate and\\napportionment or other board having similar powers in such cities and\\nthe common council or similar legislative authority in cities having no\\nboards of estimate and apportionment or authorities with similar powers\\nmay temporarily employ such health and sanitary experts as may be\\nnecessary at a compensation fixed by the board of estimate and\\napportionment or other authority having power by charter to fix salaries\\nof appointive officials.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "370", "title" : "Certain cities; duty in case of peril to public health", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "370", "activeDate" : "2014-09-22", "sequenceNo" : 218, "repealedDate" : null, "fromSection" : "370", "toSection" : "370", "text" : " § 370. Certain cities; duty in case of peril to public health. 1. In\\ncase of great and imminent peril to the public health of the city, it\\nshall be the duty of the commissioner of health or health officer in\\ncities having a population of less than one hundred seventy-five\\nthousand, with the approval and consent of the common council or similar\\nlegislative authority if it be practicable to convene that authority for\\nprompt action, or if not, when approved by the board of estimate and\\napportionment or authority of similar powers, to take such measures and\\nto do, order or cause to be done such acts and to make such\\nextraordinary expenditures, in excess of the sum appropriated to the\\ndepartment of health, as provided by law, for the preservation and\\nprotection of the public health of such city, as he may deem necessary\\nand proper.\\n 2. Such peril to public health shall be deemed to exist only when and\\nfor such period as the commissioner of health and board of estimate and\\napportionment in cities having a population of fifty thousand to one\\nhundred seventy-five thousand, and in cities having a population of less\\nthan fifty thousand, the health officer and the board of estimate and\\napportionment or authority having similar power and the common council\\nor similar legislative authority in a city having no board of estimate\\nand apportionment or authority with similar power, shall determine.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "371", "title" : "Certain cities; sanitary codes", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "371", "activeDate" : "2014-09-22", "sequenceNo" : 219, "repealedDate" : null, "fromSection" : "371", "toSection" : "371", "text" : " § 371. Certain cities; sanitary codes. 1. The commissioner of health\\nin cities having a population of less than one hundred seventy-five\\nthousand or the health officer in cities having a population of less\\nthan fifty thousand shall:\\n (a) formulate, adopt, promulgate and enforce complete rules,\\nregulations, orders and directions for the security of life and health\\nin the city, which shall not be inconsistent with the sanitary code; and\\n (b) in conjunction with the board of examining plumbers, formulate,\\nadopt and promulgate rules and regulations for plumbing and drainage\\nwhich shall govern the same.\\n 2. The rules, regulations, orders and directions promulgated and\\nadopted pursuant to the provisions of this section shall be known as the\\nsanitary code of the city.\\n 3. Before such rules and regulations shall take effect they shall be\\napproved in writing by the mayor in cities having a population of fifty\\nthousand to one hundred seventy-five thousand and by the common council\\nor similar legislative authority in cities having a population of less\\nthan fifty thousand. After such approval the sanitary code of the city\\nshall be published in such manner as the legislative authority shall\\nprescribe.\\n 4. The sanitary code of such cities may embrace all matters and\\nsubjects to which and so far as the jurisdiction, power and authority of\\nthe department of health of the city extends not inconsistent with the\\nconstitution or laws of the state, and may be revised, altered, amended\\nor annulled from time to time by the commissioner of health or health\\nofficer of the city with the approval of the mayor in cities having a\\npopulation of fifty thousand to one hundred seventy-five thousand and\\nthe common council or similar legislative authority in cities having a\\npopulation of less than fifty thousand. The provisions thereof shall be\\nbinding and in full force and effect in such city.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "372", "title" : "Certain cities; existing regulations and sanitary codes", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "372", "activeDate" : "2014-09-22", "sequenceNo" : 220, "repealedDate" : null, "fromSection" : "372", "toSection" : "372", "text" : " § 372. Certain cities; existing regulations and sanitary codes. The\\nexisting sanitary codes of cities having a population of less than one\\nhundred seventy-five thousand, and all rules, regulations and special\\ndirections heretofore duly formulated, adopted and promulgated by the\\ncommissioner of public safety, the board of health or the health\\nofficer, shall continue in full force and effect, except as the same may\\nbe revised, altered, amended or annulled from time to time as provided\\nby law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "373", "title" : "Certain cities; sanitary codes; violations and penalties", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "373", "activeDate" : "2014-09-22", "sequenceNo" : 221, "repealedDate" : null, "fromSection" : "373", "toSection" : "373", "text" : " § 373. Certain cities; sanitary codes; violations and penalties. 1.\\nThe sanitary code of a city having a population of less than one hundred\\nseventy-five thousand may provide for specific penalties for any\\nviolation thereof not exceeding one thousand dollars for each offense.\\n 2. Except where specific penalty is so provided for, any person who\\nviolates or who fails to comply with any provision of the sanitary code,\\nor of any rule, regulation, order or special direction duly made\\nthereunder or authorized by this article, shall forfeit and pay to the\\ncity a penalty not to exceed one thousand dollars for each and every\\noffense.\\n 3. All suits and proceedings authorized by this article or to recover\\nany penalty provided for in the sanitary code, or by this article, shall\\nbe brought by and in the name of the city, but no fees or costs shall be\\ndemanded or recovered from the commissioner of health or health officer\\nof the city, or any officer thereof, in such suit or proceeding or\\naction.\\n 4. Any person who shall wilfully violate, neglect or refuse to comply\\nwith any provision or requirement of this article, or of any provision\\nof the sanitary code of a city, or of any rule, regulation, order or\\nspecial direction duly made thereunder, or authorized by this article\\nshall in addition to the penalty or penalties therein or herein\\nprescribed also be guilty of a misdemeanor.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "374", "title" : "Certain cities; appeals from orders of commissioner of health or health officers", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "374", "activeDate" : "2014-09-22", "sequenceNo" : 222, "repealedDate" : null, "fromSection" : "374", "toSection" : "374", "text" : " § 374. Certain cities; appeals from orders of commissioner of health\\nor health officers. 1. Any person aggrieved by an order, decision or\\ndirection of the commissioner of health or health officer of a city\\nhaving a population of less than one hundred seventy-five thousand, may\\nappeal therefrom to the official or authority which appoints the head of\\nthe department of health of such city, who or which may affirm, reverse\\nor modify the order, decision or direction appealed from.\\n 2. Such appeal may be made by serving on the said commissioner of\\nhealth or health officer a written notice of appeal within two days,\\nSundays and legal holidays excepted, or within such further time as\\nshall be allowed by the official or authority having power to hear the\\nappeal after the appellant received notice of the order, decision or\\ndirection appealed from. Within two days after receiving such notice of\\nappeal, Sundays and legal holidays excepted, the commissioner of health\\nor health officer shall make a written return to the official or\\nauthority having power to hear the appeal of the facts and evidence on\\nwhich such order, decision or direction is founded. Upon receipt of such\\nreturn, or if no return be made within the time specified, the official\\nor authority having power to hear the appeal shall forthwith proceed to\\nhear and determine the matter. Upon such appeal the official or\\nauthority having power to hear it need not be confined to the evidence\\ncontained in the return but in his or its discretion may take additional\\nevidence.\\n 3. Until the decision of the appeal is made the order, decision or\\ndirection appealed from shall not be suspended unless the official or\\nauthority having power to hear the appeal by an order in writing shall\\nso direct, which order shall be filed forthwith in the office of the\\ncommissioner of health or health officer of the city.\\n 4. In case of failure to sustain the appeal the official or authority\\nhaving power to hear the appeal may in his or its discretion impose\\ncosts not exceeding ten dollars upon the appellant.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "375", "title" : "Certain cities; actions to restrain nuisances", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "375", "activeDate" : "2014-09-22", "sequenceNo" : 223, "repealedDate" : null, "fromSection" : "375", "toSection" : "375", "text" : " § 375. Certain cities; actions to restrain nuisances. The commissioner\\nof health or health officer of a city having a population of less than\\none hundred seventy-five thousand, is authorized, by and with the advice\\nand consent of the corporation counsel or city attorney, in the name of\\nthe city to maintain actions to restrain the threatened performance or\\nthe continued performance of any act contrary to his orders, directions,\\ndecisions or ordinances, and to restrain and abate nuisances, and for\\nthe purpose of obtaining a temporary injunction in any such action no\\nundertaking shall be required.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "376", "title" : "Certain cities; enforcement", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2019-01-11" ], "docLevelId" : "376", "activeDate" : "2019-01-11", "sequenceNo" : 224, "repealedDate" : null, "fromSection" : "376", "toSection" : "376", "text" : " § 376. Certain cities; enforcement. The head of the police department\\nshall whenever requested in writing by the commissioner of health or\\nhealth officer in cities having a population of less than one hundred\\nseventy-five thousand, with the approval of the mayor, detail such\\nnumber of regular police officers as shall be specified in such request\\nwho shall while so detailed serve under the direction of the\\ncommissioner of health or health officer.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "377", "title" : "Certain cities; license fees", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "377", "activeDate" : "2014-09-22", "sequenceNo" : 225, "repealedDate" : null, "fromSection" : "377", "toSection" : "377", "text" : " § 377. Certain cities; license fees. No license or permit shall be\\nissued to any person or for any purpose subject to the jurisdiction or\\ncontrol of the commissioner of health or health officer of a city having\\na population of less than one hundred seventy-five thousand, except on\\nthe written approval of the department of health of such city and the\\npayment thereof of the fee to be fixed by such commissioner or health\\nofficer. The amount of such fee to be paid shall be fixed by a general\\nregulation made by such commissioner or health officer for each class of\\nlicenses or permits issued. Such license or permit shall be issued and\\nsuch license fee shall be received by the official designated in the\\nordinance creating the department of health.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "378", "title" : "Certain cities; contracts and fees for health services", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "378", "activeDate" : "2014-09-22", "sequenceNo" : 226, "repealedDate" : null, "fromSection" : "378", "toSection" : "378", "text" : " § 378. Certain cities; contracts and fees for health services. (a) In\\ncities having a population of less than one hundred and seventy-five\\nthousand and in those cities which have by special law established a\\ndepartment of health, the commissioner of health or health officer, with\\nthe consent and approval of the mayor and the board of estimate and\\napportionment or other board having similar power in such cities and the\\ncommon council or similar legislative authority in cities having no such\\nboards, may enter into contracts\\n (1) with corporations duly licensed in the state of New York to\\ntransact the business of accident and health insurance to provide to\\nsick and disabled persons insured by them such home care, including\\nnursing and other paramedical services (excluding physicians' services)\\nas may be needed by them;\\n (2) with hospital service corporations organized and operating in\\naccordance with article forty-three of the insurance law to provide to\\ntheir subscribers nursing service and such other paramedical services as\\nwould have been available in a hospital (excluding physicians' services)\\nat rates which shall prior to payment be approved as to reasonableness\\nby the superintendent of financial services;\\n (3) with any municipal corporation or local, state or federal agency\\nto provide such home care, including nursing and other paramedical\\nservices (excluding physicians' services) as may be needed by sick and\\ndisabled persons;\\n (4) with medical expense indemnity corporations organized and\\noperating in accordance with article forty-three of the insurance law to\\nprovide their subscribers with such home care, including nursing and\\nother paramedical services, as may be needed by them at rates which\\nshall prior to payment be approved as to reasonableness by the\\nsuperintendent of financial services; and\\n (5) with any non-profit corporation, agency or association established\\nfor the purpose of improvement of health services, or for the purpose of\\nproviding home care for sick and disabled persons, including nursing and\\nother paramedical services (excluding physicians' services) as may be\\nneeded by such persons.\\n (6) with any dentist, physician or group of physicians, without public\\nbidding, for the rental or use of a portion of a clinic or public health\\ncenter and its equipment and furnishings provided, however, that any\\nsuch dentist, physician or group of physicians shall render such care\\nand treatment as shall be necessary or possible under the circumstances\\nto any person found eligible for emergency treatment including those\\nfound in an unconscious, seriously ill or wounded condition and to any\\nperson eligible for medical assistance pursuant to section three hundred\\nsixty-six of the social services law.\\n (b) Such commissioner of health or health officer shall establish the\\nfees to be charged for such services to be rendered pursuant to such\\ncontracts, collect such fees and pay the same over to the fiscal officer\\nof the city in the manner provided by law. No contract made in\\naccordance with the provisions of subdivision (a) of this section shall\\nrequire payment for such services to an insured or subscriber at a rate\\nin excess of the charge for the same service, if any, provided to a\\nperson afflicted with a similar disease or condition who is neither\\ninsured nor a subscriber.\\n (c) The commissioner of health or health officer with the consent and\\napproval of the mayor and the board of estimates and apportionment or\\nother board having similar power in such cities and the common council\\nor similar legislative authority in cities having no such boards may\\nestablish and collect fees from a patient or a person or private or\\npublic agency responsible for his care for services rendered to patients\\nin the institutions, public health centers and clinics operated by the\\ncity and for nursing and other paramedical services (excluding\\nphysicians' services) rendered to people sick at home. Fees so collected\\nshall be paid to the fiscal officer of the city in the manner provided\\nby law.\\n (d) The commissioner of health or health officer may in his\\ndiscretion, in proper cases, where substantial justice will best be\\nserved thereby, waive the collection of all, or any portion of, such\\nfees or compromise any portion of such fees. Such waiver or compromise\\nshall be made only upon prior approval of the mayor and the board of\\nestimate and apportionment or other board having similar power in such\\ncities and the common council or similar legislative authority in cities\\nhaving no such boards, when it is deemed to be in the best interests of\\nthe city.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 19 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A3T5", "title" : "State Park Health Districts", "docType" : "TITLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "5", "activeDate" : "2014-09-22", "sequenceNo" : 227, "repealedDate" : null, "fromSection" : "380", "toSection" : "383", "text" : " TITLE V\\n STATE PARK HEALTH DISTRICTS\\nSection 380. State park health district; establishment.\\n 381. State park health district; board of health; membership.\\n 382. State park health district; board of health; powers and\\n duties.\\n 383. State park health district; health officer; powers and\\n duties.\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "380", "title" : "State park health district; establishment", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "380", "activeDate" : "2014-09-22", "sequenceNo" : 228, "repealedDate" : null, "fromSection" : "380", "toSection" : "380", "text" : " § 380. State park health district; establishment. The commissioner may\\nin his discretion, from time to time, create health districts comprised\\nexclusively of lands lying within the boundaries of a state park by\\nfiling in the office of the secretary of state an order defining\\ngenerally the boundaries of such district or districts.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "381", "title" : "State park health district; board of health; membership", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "381", "activeDate" : "2014-09-22", "sequenceNo" : 229, "repealedDate" : null, "fromSection" : "381", "toSection" : "381", "text" : " § 381. State park health district; board of health; membership. Upon\\nthe making and filing of an order by the commissioner creating and\\nestablishing a state park health district pursuant to section three\\nhundred eighty of this chapter, the local board of health of such\\ndistrict shall consist of the park commission, and ex officio, the state\\ncommissioner of health or his duly authorized representative.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "382", "title" : "State park health district; board of health; powers and duties", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "382", "activeDate" : "2014-09-22", "sequenceNo" : 230, "repealedDate" : null, "fromSection" : "382", "toSection" : "382", "text" : " § 382. State park health district; board of health; powers and duties.\\nThe board of health of a state park health district shall have all the\\npowers and duties of local boards of health and shall appoint a health\\nofficer qualified as provided by the sanitary code.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "383", "title" : "State park health district; health officer; powers and duties", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "383", "activeDate" : "2014-09-22", "sequenceNo" : 231, "repealedDate" : null, "fromSection" : "383", "toSection" : "383", "text" : " § 383. State park health district; health officer; powers and duties.\\nThe health officer of a state park health district shall have all the\\npowers and duties under the law of the state and the sanitary code which\\nlocal health officers now have or hereafter shall have within their\\nrespective localities.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 4 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A3T6", "title" : "Consolidated Health Districts", "docType" : "TITLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6", "activeDate" : "2014-09-22", "sequenceNo" : 232, "repealedDate" : null, "fromSection" : "390", "toSection" : "399", "text" : " TITLE VI\\n CONSOLIDATED HEALTH DISTRICTS\\nSection 390. Consolidated health district; establishment.\\n 391. Consolidated health district; board of health;\\n organization.\\n 392. Consolidated health district; status of existing local\\n boards of health.\\n 393. Consolidated health district; board of health; terms of\\n office.\\n 394. Consolidated health district; board of health; officers.\\n 395. Consolidated health district; board of health; health\\n officer; powers and duties.\\n 395-a. Designation of depository.\\n 396. Consolidated health district; health officer;\\n appointment.\\n 397. Consolidated health district; appointment of attorney.\\n 398. Consolidated health district; compensation of board\\n members.\\n 399. Consolidated health district; expenses.\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "390", "title" : "Consolidated health district; establishment", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "390", "activeDate" : "2014-09-22", "sequenceNo" : 233, "repealedDate" : null, "fromSection" : "390", "toSection" : "390", "text" : " § 390. Consolidated health district; establishment. The commissioner,\\non the written request of the town board of any town and the board of\\ntrustees of any village and the common council or other like authority\\nof any city, may combine into one health district, hereinafter referred\\nto as a consolidated health district, any two or more of such towns,\\nvillages or cities and may on the written request of the town board of\\nany town, board of trustees of any village or common council or other\\nlike authority of any city at any time thereafter set apart such town,\\nvillage or city as a separate health district.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "391", "title" : "Consolidated health district; board of health; organization", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "391", "activeDate" : "2014-09-22", "sequenceNo" : 234, "repealedDate" : null, "fromSection" : "391", "toSection" : "391", "text" : " § 391. Consolidated health district; board of health; organization. 1.\\nIn every consolidated health district there shall be a board of health\\nwhich shall consist of the supervisor of each town, the president of the\\nboard of trustees of each village, and the mayor and the supervisors of\\neach city included in each district, provided that if the number of\\nmembers so provided for is an even number less than seven, such members\\nshall within thirty days after such district shall have been established\\nby the commissioner choose an additional member of such board of health\\nto be known as the elective member, and if the number of members so\\nprovided for is more than seven such members shall meet and elect a\\nboard of health of three members for such consolidated health district.\\n 2. A member of the board, sitting ex-officio and not as one of a new\\nboard of three elected as hereinbefore provided, who is the lawful\\nincumbent of more than one of the offices entitling him to membership\\nshall have as many votes in the board as there are municipalities of the\\ndistrict, in which he holds such offices, and in such a case the total\\nnumber of votes on the board shall be regarded as the number of members,\\nin applying the provisions hereof relative to the choosing of an\\nadditional member or reducing the membership to a board of three.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "392", "title" : "Consolidated health district; status of existing local boards of health", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "392", "activeDate" : "2014-09-22", "sequenceNo" : 235, "repealedDate" : null, "fromSection" : "392", "toSection" : "392", "text" : " § 392. Consolidated health district; status of existing local boards\\nof health. 1. When any consolidated health district is established, as\\nprovided in this article, the boards of health of the towns, villages or\\ncities included within such district, shall thereupon cease to exist as\\nboards of health, and all their rights, powers, duties and obligations\\nshall thereupon be transferred to the board of health of such district.\\n 2. When the board of health of any such consolidated health district\\nshall have appointed a health officer therefor, the terms of office of\\nthe health officers of the towns, villages or cities included in such\\ndistrict shall cease, and all their rights, powers, duties and\\nobligations shall thereupon be transferred to and imposed upon the\\nhealth officer appointed for such consolidated health district.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "393", "title" : "Consolidated health district; board of health; terms of office", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "393", "activeDate" : "2014-09-22", "sequenceNo" : 236, "repealedDate" : null, "fromSection" : "393", "toSection" : "393", "text" : " § 393. Consolidated health district; board of health; terms of office.\\n1. Of the new reduced three member board of health of a consolidated\\nhealth district first elected, one member shall be elected to serve\\nuntil one year from the first day of January following his election, one\\nto serve two years, and one to serve three years from such first day of\\nJanuary, and until his successor has been elected and has qualified.\\n 2. Prior to December first each year the village mayors and\\nsupervisors of the municipalities included in the consolidated health\\ndistrict shall meet and elect one member of the board of health who\\nshall serve three years from the January first following and until his\\nsuccessor has been elected and has qualified.\\n 3. An elective member shall serve for a term of two years from the\\nfirst day of January preceding his election and until his successor\\nshall have been appointed, provided that if at any time the number of\\nmembers of the board of health, excluding the elective member, shall\\nbecome an odd number, the term of office of the elective member shall\\nthereupon cease.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "394", "title" : "Consolidated health district; board of health; officers", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "394", "activeDate" : "2014-09-22", "sequenceNo" : 237, "repealedDate" : null, "fromSection" : "394", "toSection" : "394", "text" : " § 394. Consolidated health district; board of health; officers. The\\nboard of health of a consolidated health district shall from time to\\ntime elect a president from among its members. The health officer of a\\nconsolidated health district shall serve as the secretary of the board\\nof health thereof without additional remuneration therefor.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "395", "title" : "Consolidated health district; board of health; health officer; powers and duties", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "395", "activeDate" : "2014-09-22", "sequenceNo" : 238, "repealedDate" : null, "fromSection" : "395", "toSection" : "395", "text" : " § 395. Consolidated health district; board of health; health officer;\\npowers and duties. Each board of health and each health officer of a\\nconsolidated health district shall have all the rights, powers, duties\\nand obligations conferred and imposed by law upon boards of health and\\nhealth officers respectively.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "395-A", "title" : "Designation of depository", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "395-A", "activeDate" : "2014-09-22", "sequenceNo" : 239, "repealedDate" : null, "fromSection" : "395-A", "toSection" : "395-A", "text" : " § 395-a. Designation of depository. The board of health of any\\nconsolidated health district may designate by resolution one or more\\nbanks or trust companies in which the moneys paid to the president of\\nthe board as provided herein shall be deposited. Notwithstanding the\\nprovisions of section four hundred ten of the education law, in a\\nconsolidated health district in which there is but one bank or trust\\ncompany, the bank or trust company so designated as depository may be\\none of which members of such board of health are officers, directors or\\nstockholders. Such designation and deposit of such moneys shall release\\nthe president of the board from any liability for loss of such moneys by\\nreason of the default or insolvency of any such depository. The board of\\nhealth may require any bank or trust company so designated as a\\ndepository in which such moneys are on deposit or are to be deposited to\\ndeliver to such board a surety bond payable to the consolidated health\\ndistrict, executed by a surety company authorized to transact business\\nin this state and securing to such district the payment of such\\ndeposits; or in lieu of such a surety bond, such board may require any\\nsuch bank or trust company to deposit with such board obligations of the\\nUnited States of America, of the state of New York or of any county,\\ntown, city, village or school district of the state of New York as\\nsecurity for such moneys so deposited, but such obligations shall be\\nsubject to the approval of such board and shall be held for safekeeping\\nat such place and under such conditions as such board may determine.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "396", "title" : "Consolidated health district; health officer; appointment", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "396", "activeDate" : "2014-09-22", "sequenceNo" : 240, "repealedDate" : null, "fromSection" : "396", "toSection" : "396", "text" : " § 396. Consolidated health district; health officer; appointment. In\\neach consolidated health district the board of health shall appoint a\\nhealth officer qualified as provided in the sanitary code.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "397", "title" : "Consolidated health district; appointment of attorney", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "397", "activeDate" : "2014-09-22", "sequenceNo" : 241, "repealedDate" : null, "fromSection" : "397", "toSection" : "397", "text" : " § 397. Consolidated health district; appointment of attorney. The\\nboard of health of a consolidated health district may employ and fix the\\ncompensation of an attorney, which shall be audited and paid in the same\\nmanner as the other expenses of the district.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "398", "title" : "Consolidated health district; compensation of board members", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "398", "activeDate" : "2014-09-22", "sequenceNo" : 242, "repealedDate" : null, "fromSection" : "398", "toSection" : "398", "text" : " § 398. Consolidated health district; compensation of board members. 1.\\nMembers of the board of health of a consolidated health district,\\nwhether or not members of a town board or a village board of trustees,\\nshall be allowed a per diem compensation of not more than ten dollars\\nfor each calendar day in actual attendance at a meeting of the board of\\nhealth of the district, to be fixed and determined by the board of\\nhealth of the district and which compensation in the case of any member\\nshall not exceed the sum of one hundred and fifty dollars in any one\\nyear.\\n 2. Members of the board of health of a consolidated health district\\nshall also be allowed their actual and necessary expenses.\\n 3. The compensation and expenses of members of the board of health of\\na consolidated health district shall be audited and paid in the same\\nmanner as the other expenses of the consolidated health district.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "399", "title" : "Consolidated health district; expenses", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "399", "activeDate" : "2014-09-22", "sequenceNo" : 243, "repealedDate" : null, "fromSection" : "399", "toSection" : "399", "text" : " § 399. Consolidated health district; expenses. 1. The board of health\\nof each consolidated health district shall from time to time audit all\\naccounts, and allow or reject all charges, claims and demands against\\nsuch health district for the remuneration and expenses of the health\\nofficer, registrar or registrars, and for all other expenses lawfully\\nincurred by said board of health or on its authority.\\n 2. (a) Unless the board of health of such consolidated health district\\nadopts the estimate system of payments as provided by this section they\\nshall, prior to the annual meeting of the board of supervisors each\\nyear, make an abstract to be known as the consolidated health district\\nabstract, of the names of all persons who have presented to them\\naccounts to be audited, the amounts claimed by each such person and the\\namounts finally audited and approved by them respectively, and, if such\\ndistrict be wholly in one county, shall deliver such abstract to the\\nclerk of the board of supervisors.\\n (b) If such consolidated health district be located in more than one\\ncounty the board of health of such district shall divide the total\\namount of the consolidated health district abstract as audited and\\napproved in proportion to the assessed valuation of the real property of\\nthe towns, villages or cities of such consolidated health district\\nlocated in each county, with a statement of the amount due from the real\\nproperty of each town, village or city of the consolidated health\\ndistrict in each such county on account of the expenses of such board.\\n (c) The board of supervisors of each such county shall levy a tax upon\\nthe real property of each town, village or city within such consolidated\\nhealth district sufficient to provide for the sums audited and approved\\nby the board of health thereof and chargeable to the real property of\\neach town, village or city of the consolidated health district in each\\nsuch county.\\n (d) Such sums, when collected and paid to the county treasurer of each\\nsuch county, respectively, shall be paid by him to the president of the\\nboard of health and shall be disbursed by him in accordance with the\\nabstract of claims audited and approved by such board of health, as\\nprovided by this section.\\n 3. (a) The board of health of any consolidated health district may\\nannually make an estimate of the expenses of such board for the ensuing\\ncalendar year and, if such district be wholly in one county, shall\\ndeliver a certified copy of such estimate to the clerk of the board of\\nsupervisors of such county prior to the annual meeting of the board\\npreceding such year.\\n (b) If such consolidated health district be located in more than one\\ncounty, the board of health of such district shall proportion the total\\namount of such estimate in the same manner as provided by this section\\nfor proportioning the expenses of such a district when audited and\\napproved by the board, and shall deliver to the clerk of the board of\\nsupervisors of each such county a certified statement of the total\\nestimate and the amount due from the real property of each town, village\\nor city of the consolidated health district in each such county on\\naccount thereof.\\n (c) The board of supervisors of each county shall levy a tax upon the\\nreal property within such health district sufficient to provide for the\\nportion of the amount of such estimate chargeable to the real property\\nof each town, village or city of the consolidated health district in\\neach such county.\\n (d) Such sums, when collected and paid to the county treasurer of each\\ncounty respectively, shall be paid by him to the president of the board\\nof health and shall be disbursed by the board of health in accordance\\nwith the estimates.\\n (e) After such estimate system has been adopted by a consolidated\\nhealth district, the board of health thereof shall deduct from the\\nestimate for the succeeding calendar year the amount, if any, remaining\\nin the custody of such board after all of the liabilities incurred on\\naccount of the preceding estimate have been paid, before the certified\\nstatement of the total estimate and the amount due from the real\\nproperty of each town, village or city of the consolidated health\\ndistrict in each such county is certified to the respective clerks of\\nthe boards of supervisors for collection.\\n 4. A consolidated health district may adopt the estimate system as\\nprovided by this section, and, as provided by this section, may make and\\nfile with the clerk of the board of supervisors of the county, or if\\nsuch district be located in more than one county, with the clerk of the\\nboard of supervisors of each such county, an estimate for the remainder\\nof the current year and for the ensuing calendar year.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 11 }, "repealed" : false } ], "size" : 6 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A4", "title" : "Property and Hospitals In the Department of Health", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4", "activeDate" : "2014-09-22", "sequenceNo" : 244, "repealedDate" : null, "fromSection" : "401", "toSection" : "455", "text" : " ARTICLE 4\\n PROPERTY AND HOSPITALS IN THE DEPARTMENT OF HEALTH\\nTitle I. General provisions (§§ 401-410).\\n II. Hospitals: boards of visitors (§§ 420-425).\\n IV. Hospitals: officers and employees (§§ 450-455).\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A4T1", "title" : "General Provisions", "docType" : "TITLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1", "activeDate" : "2014-09-22", "sequenceNo" : 245, "repealedDate" : null, "fromSection" : "401", "toSection" : "410", "text" : " TITLE I\\n GENERAL PROVISIONS\\nSection 401. Land; purchase or acquisition.\\n 403. Hospitals; property; authority to acquire and to hold.\\n 403-a. The New York state home for veterans and their dependents\\n at Oxford.\\n 403-b. The New York state home for veterans in the city of New\\n York.\\n 403-c. The New York state home for veterans in western New York.\\n 403-d. The New York state home for veterans in the lower-Hudson\\n Valley.\\n 404. Hospitals; property; authority to acquire and to hold.\\n 405. Hospitals; visitors and officers; oaths and bonds.\\n 406. Hospitals; refunds, waivers and compromises of bills.\\n 407. Hospitals; privileges to students.\\n 408. Hospitals; admission of patients; in general.\\n 409. Department of health income fund.\\n 409-a. Department of health New York city veterans home income\\n fund.\\n 409-b. Distribution of surplus revenue.\\n 409-c. Powers and duties of the commissioner; administrative and\\n fiscal functions.\\n 410. Hospitals; reimbursement.\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "401", "title" : "Land; purchase or acquisition", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "401", "activeDate" : "2014-09-22", "sequenceNo" : 246, "repealedDate" : null, "fromSection" : "401", "toSection" : "401", "text" : " § 401. Land; purchase or acquisition. 1. The commissioner, when an\\nappropriation therefor has been made by the legislature, may acquire any\\nreal property which he may deem necessary for any departmental purpose\\nby purchase or acquisition pursuant to the eminent domain procedure law.\\n Title to any such real property shall be taken in the name of and be\\nvested in the people of the state of New York; provided, however, that\\nno real property shall be so acquired by purchase unless the title\\nthereto shall be approved by the attorney general.\\n 2. Whenever real property is to be acquired pursuant to the eminent\\ndomain procedure law the commissioner shall cause to be made by the\\nstate department of transportation an accurate acquisition map as\\nprovided in such law.\\n 3. On the approval of such map by the commissioner, the original\\ntracing of such map shall be filed in the main office of the department.\\n 4. If the commissioner shall determine, prior to the filing of such\\nmap in the office of the clerk or register of the county, that changes,\\nalterations or modifications of such map as filed in the main office of\\nthe department should be made, he or she shall, subject to the\\nprovisions of article two of the eminent domain procedure law, if\\napplicable, direct the preparation by the department of transportation\\nof an amended map. On the approval of such amended map by the\\ncommissioner, it shall be filed in the main office of the department and\\nthe amended map shall thereupon in all respects and for all purposes\\nsupersede the map previously filed.\\n 5. If the commissioner shall determine, prior to the filing of a copy\\nof such acquisition map in the office of the county clerk or register as\\nprovided in section four hundred two of the eminent domain procedure\\nlaw, that such map should be withdrawn, he or she may file a certificate\\nof withdrawal in the offices of the department and of the department of\\nlaw. Upon the filing of such certificate of withdrawal, the map to which\\nit refers shall be cancelled and all rights thereunder shall cease and\\ndetermine.\\n 6. The commissioner shall deliver to the attorney general a copy of\\nsuch acquisition map, whereupon it shall be the duty of the attorney\\ngeneral to advise and certify to the commissioner the names of the\\nowners of the property, easements, interests or rights described in the\\nsaid acquisition map, including the owners of any right, title or\\ninterest therein, pursuant to the requirements of section four hundred\\nthree of the eminent domain procedure law.\\n 7. If, at or after the vesting of title to such property in the people\\nof the state of New York as provided for in the eminent domain procedure\\nlaw, the commissioner shall deem it necessary to cause the removal of an\\nowner or occupant from any real property so acquired, he may cause such\\nowner or occupant to be removed therefrom by proceeding in accordance\\nwith section four hundred five of the eminent domain procedure law. The\\nproceeding shall be brought in the name of the commissioner as agent of\\nthe state and the attorney general shall represent the petitioner in the\\nproceedings. No execution shall issue for costs, if any, awarded against\\nthe state or the commissioner, but they shall be part of the costs of\\nthe acquisition of the real property and be paid in like manner.\\nProceedings may be brought separately against one or more of the owners\\nor occupants of any such property, or one proceeding may be brought\\nagainst all or several of the owners or occupants of any or all such\\nproperty within the territorial jurisdiction of the same court, justice\\nor judge; judgment shall be made for immediate removal of persons\\ndefaulting in appearance or in answering, or withdrawing their answers,\\nif any, without awaiting the trial or decision of issues raised by\\ncontestants, if any.\\n 8. Claims for the value of any property acquired and for legal damages\\ncaused by any such acquisition may be adjusted by the commissioner, even\\nthough a claim has been filed with the court of claims, if the amount\\nthereof can be agreed upon with the owner or owners thereof. If the\\namount of a claim cannot be agreed upon, the commissioner shall offer to\\nthe owner or owners the amount determined by the commissioner to be the\\nvalue of such claim. Upon the acceptance of such offer the commissioner\\nshall enter into an agreement with such owner or owners providing for\\nsuch payment with interest thereon, if any, as allowed by law and\\nreserving to such owner or owners the right to file such claim with the\\ncourt of claims or if a claim has been filed reserving the right to\\nprosecute said claim. The reservation of the right to file said claim in\\nthe court of claims shall not extend or affect in any way the time\\nlimited for the filing of such claim as provided for in the court of\\nclaims act. The failure of the owner or owners to file said claim within\\nthe time of filing claims specified by the court of claims act shall be\\ndeemed an acceptance of the amount paid as full settlement of such\\nclaim. If such offer is refused by the owner or owners, or is not\\naccepted within ninety days after notification by the commissioner of\\nsuch offer by registered mail, interest on the amount of the claim so\\noffered shall be suspended from the date of such refusal or the\\nexpiration of such ninety days, whichever is earlier, to the date of the\\nentry of judgment in the court of claims. If such offer is refused or is\\nnot accepted within said ninety days the offer shall be deemed withdrawn\\nand may be revived only at the discretion of the commissioner. Upon\\nmaking any agreement provided for in section three hundred four of the\\neminent domain procedure law, the commissioner shall deliver to the\\ncomptroller such agreement and a certificate stating the amount due such\\nowner or owners thereunder on account of such acquisition of his or\\ntheir property and the amounts so fixed shall be paid out of the state\\ntreasury after audit by the comptroller from moneys appropriated for the\\nacquisition of such real property, but not until there shall have been\\nfiled with the comptroller a certificate of the attorney general showing\\nthe person or persons claiming the amounts so agreed upon to be legally\\nentitled thereto.\\n 9. Application for reimbursement of incidental expenses as provided in\\nsection seven hundred two of the eminent domain procedure law shall be\\nmade to the commissioner upon forms prescribed by him and shall be\\naccompanied by such information and evidence as the commissioner may\\nrequire. Upon approval of such application, the commissioner shall\\ndeliver a copy thereof to the comptroller together with a certificate\\nstating the amount due thereof, and the amount so fixed shall be paid\\nout of the state treasury after audit by the comptroller from monies\\nappropriated for the acquisition of property under this section.\\n 10. The commissioner, with the approval of the director of the budget,\\nshall establish and may from time to time amend rules and regulations\\nauthorizing the payment of actual reasonable and necessary moving\\nexpenses of occupants of property acquired pursuant to this section; of\\nactual direct losses of tangible personal property as a result of moving\\nor discontinuing a business or farm operation, but not exceeding an\\namount equal to the reasonable expenses that would have been required to\\nrelocate such property, as determined by the commissioner; and actual\\nreasonable expenses in searching for a replacement business or farm; or\\nin hardship cases for the advance payment of such expenses and losses.\\nFor the purposes of making payment of such expenses and losses only the\\nterm \"business\" means any lawful activity conducted primarily for\\nassisting in the purchase, sale, resale, manufacture, processing or\\nmarketing of products, commodities, personal property or services by the\\nerection and maintenance of an outdoor advertising display or displays,\\nwhether or not such display or displays are located on the premises on\\nwhich any of the above activities are conducted. Such rules and\\nregulations may further define the terms used in this subdivision. In\\nlieu of such actual reasonable and necessary moving expenses, any such\\ndisplaced owner or tenant of residential property may elect to accept a\\nmoving expense allowance, plus a dislocation allowance, determined in\\naccordance with a schedule prepared by the commissioner and made a part\\nof such rules and regulations. In lieu of such actual reasonable and\\nnecessary moving expenses, any such displaced owner or tenant of\\ncommercial property who relocates or discontinues his business or farm\\noperation may elect to accept a fixed relocation payment in an amount\\nequal to the average annual net earnings of the business or farm\\noperation, except that such payment shall be not less than two thousand\\nfive hundred dollars nor more than ten thousand dollars. In the case of\\na business, no such fixed relocation payment shall be made unless the\\ncommissioner finds and determines that the business cannot be relocated\\nwithout a substantial loss of its existing patronage, and that the\\nbusiness is not part of a commercial enterprise having at least one\\nother establishment, which is not being acquired by the state or the\\nUnited States, which is engaged in the same or similar business. In the\\ncase of a business which is to be discontinued but for which the\\nfindings and determinations set forth above cannot be made, the\\ncommissioner may prepare an estimate of what the actual reasonable and\\nnecessary moving expenses, exclusive of any storage charges, would be if\\nthe business were to be relocated and enter into an agreed settlement\\nwith the owner of such business for an amount not to exceed such\\nestimate in lieu of such actual reasonable and necessary moving\\nexpenses. Application for payment under this subdivision shall be made\\nto the commissioner upon forms prescribed by him and shall be\\naccompanied by such information and evidence as the commissioner may\\nrequire. Upon approval of such application, the commissioner shall\\ndeliver a copy thereof to the comptroller together with a certificate\\nstating the amount due thereunder, and the amount so fixed shall be paid\\nout of the state treasury after audit by the comptroller from moneys\\nappropriated for the acquisition of property under this section. As used\\nin this subdivision the term \"commercial property\" shall include\\nproperty owned by an individual, family, partnership, corporation,\\nassociation or a nonprofit organization and includes a farm operation.\\nAs used in this subdivision the term \"business\" means any lawful\\nactivity, except a farm operation, conducted primarily for the purchase,\\nsale, lease and rental of personal and real property, and for the\\nmanufacture, processing, or marketing of products, commodities, or any\\nother personal property; for the sale of services to the public; or by a\\nnonprofit organization.\\n 11. Authorization is hereby given to the commissioner to make\\nsupplemental relocation payments, separately computed and stated, to\\ndisplaced owners and tenants of residential property acquired pursuant\\nto this section who are entitled thereto, as determined by him. The\\ncommissioner, with the approval of the director of the budget, may\\nestablish and from time to time amend rules and regulations providing\\nfor such supplemental relocation payments. Such rules and regulations\\nmay further define the terms used in this subdivision. In the case of\\nproperty acquired pursuant to this section which is improved by a\\ndwelling actually owned and occupied by the displaced owner for not less\\nthan one hundred eighty days immediately prior to initiation of\\nnegotiations for the acquisition of such property, such payment to such\\nowner shall not exceed fifteen thousand dollars. Such payment shall be\\nthe amount, if any, which, when added to the acquisition payment equals\\nthe average price, established by the commissioner on a class, group or\\nindividual basis, required to obtain a comparable replacement dwelling\\nthat is decent, safe and sanitary to accommodate the displaced owner,\\nreasonably accessible to public services and places of employment and\\navailable on the private market, but in no event shall such payment\\nexceed the difference between acquisition payment and the actual\\npurchase price of the replacement dwelling. Such payment shall include\\nan amount which will compensate such displaced owner for any increased\\ninterest costs which such person is required to pay for financing the\\nacquisition of any such comparable replacement dwelling. Such amount\\nshall be paid only if the dwelling acquired pursuant to this section was\\nencumbered by a bona fide mortgage which was a valid lien on such\\ndwelling for not less than one hundred eighty days prior to the\\ninitiation of negotiations for the acquisition of such dwelling. Such\\namount shall be equal to the excess in the aggregate interest and other\\ndebt service costs of that amount of the principal of the mortgage on\\nthe replacement dwelling which is equal to the unpaid balance of the\\nmortgage on the acquired dwelling, over the remainder term of the\\nmortgage on the acquired dwelling, reduced to discounted present value.\\nThe discount rate shall be the prevailing interest rate paid on savings\\ndeposits by commercial banks in the general area in which the\\nreplacement dwelling is located. Any such mortgage interest differential\\npayment shall, notwithstanding the provisions of section twenty-six-b of\\nthe general construction law, be in lieu of and in full satisfaction of\\nthe requirements of such section. Such payment shall include reasonable\\nexpenses incurred by such displaced owner for evidence of title,\\nrecording fees and other closing costs incident to the purchase of the\\nreplacement dwelling, but not including prepaid expenses. Such payment\\nshall be made only to a displaced owner who purchases and occupies a\\nreplacement dwelling which is decent, safe and sanitary within one year\\nsubsequent to the date on which he is required to move from the dwelling\\nacquired pursuant to this section or the date on which he receives from\\nthe state final payment of all costs of the acquired dwelling, whichever\\noccurs later, except advance payment of such amount may be made in\\nhardship cases. In the case of property acquired pursuant to this\\nsection from which an individual or family, not otherwise eligible to\\nreceive a payment pursuant to the above provisions of this subdivision,\\nis displaced from any dwelling thereon which has been actually and\\nlawfully occupied by such individual or family for not less than ninety\\ndays immediately prior to the initiation of negotiations for the\\nacquisition of such property, such payment to such individual or family\\nshall not exceed four thousand dollars. Such payment shall be the\\namount which is necessary to enable such individual or family to lease\\nor rent for a period not to exceed four years, a decent, safe, and\\nsanitary dwelling of standards adequate to accommodate such individual\\nor family in areas not generally less desirable in regard to public\\nutilities and public and commercial facilities and reasonably accessible\\nto his place of employment, but shall not exceed four thousand dollars,\\nor to make the down payment, including reasonable expenses incurred by\\nsuch individual or family for evidence of title, recording fees, and\\nother closing costs incident to the purchase of the replacement\\ndwelling, but not including prepaid expenses, on the purchase of a\\ndecent, safe and sanitary dwelling of standards adequate to accommodate\\nsuch individual or family in areas not generally less desirable in\\nregard to public utilities and public and commercial facilities, but\\nshall not exceed four thousand dollars, except if such amount exceeds\\ntwo thousand dollars, such person must equally match any such amount in\\nexcess of two thousand dollars, in making the down payment. Such\\npayments may be made in installments as determined by the commissioner.\\nApplication for payment under this subdivision shall be made to the\\ncommissioner upon forms prescribed by him and shall be accompanied by\\nsuch information and evidence as the commissioner may require. Upon\\napproval of such application, the commissioner shall deliver a copy\\nthereof to the comptroller, together with a certificate stating the\\namount due thereunder, and the amount so fixed shall be paid out of the\\nstate treasury after audit by the comptroller from moneys appropriated\\nfor the acquisition of property under this section.\\n 12. The owner of any real property so acquired may present to the\\ncourt of claims, pursuant to section five hundred three of the eminent\\ndomain procedure law, a claim for the value of such property acquired\\nand for legal damages caused by such acquisition, as provided by law for\\nthe filing of claims with the court of claims. Awards and judgments of\\nthe court of claims shall be paid in the same manner as awards and\\njudgments of that court for the acquisition of lands generally and shall\\nbe paid out of the state treasury after audit by the comptroller from\\nmoneys appropriated for the acquisition of such real property.\\n 14. If the commissioner shall determine subsequent to the acquisition\\nof a temporary easement in any real property that the purposes for which\\nsuch easement right was acquired have been accomplished and that the\\nexercise of such easement is no longer necessary, he shall make his\\ncertificate that the exercise of such easement is no longer necessary\\nand that such easement right is therefore terminated, released and\\nextinguished. The commissioner shall cause such certificate to be filed\\nin the office of the department of state and upon such filing all rights\\nacquired by the state in such property shall cease and determine. The\\ncommissioner shall cause a certified copy of such certificate as so\\nfiled in the office of the department of state to be mailed to the owner\\nof the property affected, as certified by the attorney general, if the\\nplace of residence of such owner is known or can be ascertained by a\\nreasonable effort and such commissioner shall cause a further certified\\ncopy of such certificate to be filed in the office of the recording\\nofficer of each county in which the property affected or any part\\nthereof is situated. On the filing of such certified copy of such\\ncertificate with such recording officer, it shall be his duty to record\\nthe same in his office in the books used for recording deeds and to\\nindex the same against the name of the people of the state of New York\\nas grantor.\\n 15. Notwithstanding any other provision of this section, the\\ncommissioner shall have the power to acquire by grant or purchase, in\\nthe name of the people of the state of New York, any property which he\\ndeems necessary for any of the purposes provided for in this section and\\nmay also acquire for such purposes from the Palisades interstate park\\ncommission, in the name of the people of the state of New York, such\\nlands and such easements, licenses, permits and other rights over lands\\nas the said commission is authorized to grant, sell, exchange or convey.\\nWhen the acquisition by appropriation, grant or purchase of property\\ndeemed necessary for departmental purposes would result in substantial\\nconsequential damages to the owner's remaining property, due to loss of\\naccess, severance or control of access, the commissioner of\\ntransportation, for and in behalf of the people of the state of New\\nYork, may acquire by purchase or grant all or any portion of such\\nremaining property. Payment therefor, if any, shall be made in the\\nmanner prescribed in this section for the payment of adjusted\\nappropriation claims, provided, however, that no real property shall be\\nso acquired unless the title thereto shall be approved by the attorney\\ngeneral.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "403", "title" : "Hospitals; property; authority to acquire and to hold", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "403", "activeDate" : "2014-09-22", "sequenceNo" : 247, "repealedDate" : null, "fromSection" : "403", "toSection" : "403", "text" : " § 403. Hospitals; property; authority to acquire and to hold. 1. The\\nfollowing state hospitals are hereby continued in the department for the\\npurposes for which they have been respectively established:\\n (a) The Helen Hayes hospital;\\n (b) Roswell Park Cancer Institute;\\n (c) The New York state home for veterans and their dependents at\\nOxford;\\n (d) The New York state home for veterans in the city of New York;\\n (e) The New York state home for veterans in western New York;\\n (f) The New York state home for veterans in the lower-Hudson Valley.\\n 2. Notwithstanding any other inconsistent provisions of law,\\nincluding, but not limited to, article four-C of the economic\\ndevelopment law, and subject to the provisions of any lease, loan\\nagreement or other agreement with the dormitory authority of the state\\nof New York or any predecessor or successor agency or corporation, the\\ncommissioner, with the approval of the director of the budget, may\\ncontract with the Roswell Park Cancer Institute corporation, for the\\ntransfer of the operations of the Roswell Park Cancer Institute or any\\npart thereof, practice plan or of any other program operated by such\\nhospital. Such contract shall include terms and conditions under which\\nthe Roswell Park Cancer Institute corporation may issue bonds, notes or\\nother evidences of indebtedness. Payments made pursuant to such\\ncontract or any other contracts between the department of health and the\\nRoswell Park Cancer Institute corporation shall be limited to amounts\\nmade available pursuant to appropriations. Upon the transfer of the\\noperations of Roswell Park Cancer Institute to the Roswell Park Cancer\\nInstitute corporation, the Roswell Park Cancer Institute corporation\\nshall operate the Roswell Park Cancer Institute for the department in\\naccordance with the terms of any lease or other agreement between the\\ndepartment and the dormitory authority pertaining to the use, operation,\\nmaintenance and replacement of Roswell Park Cancer Institute.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "403-A", "title" : "The New York state home for veterans and their dependents at Oxford", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "403-A", "activeDate" : "2014-09-22", "sequenceNo" : 248, "repealedDate" : null, "fromSection" : "403-A", "toSection" : "403-A", "text" : " § 403-a. The New York state home for veterans and their dependents at\\nOxford. The New York state home for veterans and their dependents at\\nOxford shall be subject to the provisions of this article except when\\nsuch provisions are inconsistent with the provisions of article\\ntwenty-six-A of this chapter.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "403-B", "title" : "The New York state home for veterans in the city of New York", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "403-B", "activeDate" : "2014-09-22", "sequenceNo" : 249, "repealedDate" : null, "fromSection" : "403-B", "toSection" : "403-B", "text" : " § 403-b. The New York state home for veterans in the city of New York.\\nThere is hereby established in the city of New York a New York state\\nhome for veterans. Such home for veterans shall be subject to the\\nprovisions of this article except when such provisions are inconsistent\\nwith the provisions of article twenty-six-A of this chapter.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "403-C", "title" : "The New York state home for veterans in western New York", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "403-C", "activeDate" : "2014-09-22", "sequenceNo" : 250, "repealedDate" : null, "fromSection" : "403-C", "toSection" : "403-C", "text" : " § 403-c. The New York state home for veterans in western New York.\\nThere is hereby established a state home for veterans in western New\\nYork. Such home for veterans shall be subject to the provisions of this\\narticle except when such provisions are inconsistent with the provisions\\nof article twenty-six-A of this chapter.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "403-D", "title" : "The New York state home for veterans in the lower-Hudson Valley", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "403-D", "activeDate" : "2014-09-22", "sequenceNo" : 251, "repealedDate" : null, "fromSection" : "403-D", "toSection" : "403-D", "text" : " § 403-d. The New York state home for veterans in the lower-Hudson\\nValley. There is hereby established a state home for veterans in the\\nlower-Hudson Valley. Such home for veterans shall be subject to the\\nprovisions of this article except when such provisions are inconsistent\\nwith the provisions of article twenty-six-A of this chapter.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "404", "title" : "Hospitals; property; authority to acquire and to hold", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "404", "activeDate" : "2014-09-22", "sequenceNo" : 252, "repealedDate" : null, "fromSection" : "404", "toSection" : "404", "text" : " § 404. Hospitals; property; authority to acquire and to hold. 1. The\\nboard of visitors of each state hospital in the department, as the agent\\nof the department, is hereby authorized to take and hold, in the name of\\nand for the people of the state, by grant, gift, devise or bequest,\\nproperty to be applied, principal or income, or both, for the benefit of\\nthe hospital, institution or of any patient or patients therein or to\\nthe maintenance and the general uses of the hospital or institution.\\n 2. No property shall be taken or held as provided by this section,\\nexcept with the approval of the commissioner unless the rules of the\\ncommissioner otherwise provide. Utilization and administration of\\nproperty so taken and held shall be subject to the rules of the\\ncommissioner.\\n 3. Property taken and held as provided by this section shall be\\napplied or expended for the purpose specified by the donor, subject to\\nthe rules of the commissioner.\\n 4. The expenditure of moneys derived from any source pursuant to the\\nprovisions of this section, including income, shall be under the\\nimmediate direction of the hospital, or treasurer of the institution,\\nexcept as the rules of the commissioner may otherwise provide.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "405", "title" : "Hospitals; visitors and officers; oaths and bonds", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "405", "activeDate" : "2014-09-22", "sequenceNo" : 253, "repealedDate" : null, "fromSection" : "405", "toSection" : "405", "text" : " § 405. Hospitals; visitors and officers; oaths and bonds. 1. Each\\ndirector, member of the board of visitors, and treasurer of the several\\nstate hospitals in the department shall take the constitutional oath of\\noffice.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "406", "title" : "Hospitals; refunds, waivers and compromises of bills", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "406", "activeDate" : "2014-09-22", "sequenceNo" : 254, "repealedDate" : null, "fromSection" : "406", "toSection" : "406", "text" : " § 406. Hospitals; refunds, waivers and compromises of bills. 1.\\nMoneys heretofore or hereafter received by the department for the\\naccounts of any of the hospitals or institutions of the department may\\nbe refunded to the person or party for whose account same were received,\\nand within six years thereafter upon satisfactory proof being submitted\\nto the commissioner that:\\n a. such moneys were in excess of the charges imposed upon or incurred\\nby the party, pursuant to law; or,\\n b. such moneys were received as reimbursement for care, maintenance\\nand treatment of patients, and such care, maintenance and treatment has\\nnot been rendered or furnished; or,\\n c. such moneys were received from the funds of patients not available\\nfor payment for the care, maintenance and treatment of patients.\\n 2. Notwithstanding the provisions of section one hundred twenty-one of\\nthe state finance law, such refunds shall, upon approval by the\\ncommissioner and after audit by the comptroller, be paid from any moneys\\nin the custody of the department received as reimbursement for the care,\\nmaintenance and treatment of patients in the several hospitals in the\\ndepartment.\\n 3. The commissioner may in his discretion, in proper cases, where\\nsubstantial justice will best be served thereby, waive bills for the\\nmaintenance, care and treatment received or furnished to patients in any\\nof the hospitals or institutions of the department or compromise any\\nportion of such bills. Such waiver or compromise shall be made only upon\\nprior approval of the comptroller and the attorney general when they\\ndeem it to be for the best interest of the state.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "407", "title" : "Hospitals; privileges to students", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "407", "activeDate" : "2014-09-22", "sequenceNo" : 255, "repealedDate" : null, "fromSection" : "407", "toSection" : "407", "text" : " § 407. Hospitals; privileges to students. 1. Whenever the person or\\npersons having lawful control and management over any public hospital in\\nany city or county in this state, shall grant to matriculated students\\nof any legally incorporated medical college in said city or county,\\nprivileges of admission to such hospital for hearing clinics or\\nlectures, or receiving medical or surgical instruction therein, the like\\nprivileges and advantages shall be granted to the matriculated students\\nin each and all legally incorporated medical colleges in said city and\\ncounty who may desire the same, without distinction or preference, and\\nupon equal terms and conditions as to all.\\n 2. Nothing in this section shall prevent the directors of such\\nhospitals from limiting the attendance of students in such hospitals to\\na number compatible with the welfare of patients. But in such limitation\\nthey shall receive students from such legally incorporated medical\\ncolleges applying for such admission in proportion to the number of\\nstudents in attendance upon such college.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "408", "title" : "Hospitals; admission of patients; in general", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "408", "activeDate" : "2014-09-22", "sequenceNo" : 256, "repealedDate" : null, "fromSection" : "408", "toSection" : "408", "text" : " § 408. Hospitals; admission of patients; in general. 1. If in the\\njudgment of the director of a hospital in the department the number of\\npatients of the hospital at any time so far exceeds its proper capacity\\nthat suitable care, training or discipline cannot be given to additional\\npatients, or for other reasons the admission of such additional patients\\nis impracticable, the commissioner in his discretion, may suspend the\\nadmission of patients to such hospital until such time as they may\\nproperly be admitted.\\n 2. The commissioner shall promptly notify courts and other public\\nofficers empowered to commit persons to such hospital of any such\\nsuspension of admission and of its termination. A person committed to\\nsuch hospital before the court receives notice of such a suspension may\\nbe recommitted to another hospital to which he might have been lawfully\\ncommitted in the first instance.\\n 3. In the admission of patients to such hospital the several counties\\nand the city of New York shall, so far as practicable, be entitled to\\nhave in such hospital, patients in the ratio which their respective\\npopulations bear to the population of the state as ascertained by the\\nlatest federal census or state enumeration.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "409", "title" : "Department of health income fund", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2025-05-16" ], "docLevelId" : "409", "activeDate" : "2014-09-22", "sequenceNo" : 257, "repealedDate" : null, "fromSection" : "409", "toSection" : "409", "text" : " § 409. Department of health income fund. 1. There is established in\\nthe custody of the comptroller a special account, to be known as the\\ndepartment of health income fund.\\n 2. (a) The commissioner shall, after the first day of July, nineteen\\nhundred seventy-one, pay over moneys received by the department\\nincluding moneys received from the Roswell Park Cancer Institute\\ncorporation for the care, maintenance and treatment of patients at state\\nhospitals in the department as enumerated in section four hundred three\\nof this chapter, together with money received from fees, including\\nparking fees, refunds, reimbursements, payments received pursuant to\\nleases, sales of property and miscellaneous receipts of such hospitals\\nother than gifts, grants, bequests and moneys received under research\\ncontracts, and clinical practice income received pursuant to a clinical\\npractice plan established pursuant to subdivision fourteen of section\\ntwo hundred six of this chapter except for the amount of money required\\nby the comptroller to be maintained on deposit in the department of\\nhealth income fund pursuant to paragraph (c) of this subdivision less\\npayments required to be made into pools created by this chapter and for\\nassessments established pursuant to this chapter and less refunds made\\npursuant to law, to the comptroller to be deposited by him in the\\ndepartment of health income fund. Such moneys shall be kept separate and\\nshall not be commingled with any other moneys in the hands of the\\ncomptroller. All deposits of such money shall, if required by the\\ncomptroller, be secured by obligations of the United States or of the\\nstate of market value equal at all times to the amount of the deposit\\nand all banks and trust companies are authorized to give such securities\\nfor such deposits. The commissioner shall identify to the comptroller\\nmoneys received from Roswell Park Cancer Institute corporation or its\\nsubsidiaries.\\n (b) Subject to the terms of any agreement between the department and\\nthe dormitory authority, any such moneys in the department of health\\nincome fund not required for immediate use, may, in the discretion of\\nthe comptroller, be invested by the comptroller in obligations of the\\nUnited States or the state or obligations the principal and interest of\\nwhich are guaranteed by the United States or the state.\\n (c) The comptroller shall at all times maintain on deposit in the\\ndepartment of health income fund the aggregate amount of money needed by\\nthe department during the next succeeding six calendar months to comply\\nin full with all obligations of the department under the terms of every\\nlease, sublease or agreement of the department with the dormitory\\nauthority which is then in effect, including without limitation by the\\nspecification thereof, (i) the amount needed to make rental payments\\nthereunder during such semiannual period, and (ii) the amount needed to\\nestablish and maintain reserves thereunder during such period.\\n (d) The comptroller shall from time to time but in no event later than\\nthe last day of March, June, September and December of each year pay\\nover and deposit in the special revenue funds - other, miscellaneous\\nspecial revenue fund - 339, Roswell Park cancer institute account, Helen\\nHayes hospital account, New York state home for veterans and their\\ndependents at Oxford account, western New York veterans' home account\\nand New York state home for veterans in the lower-Hudson Valley account,\\nin accordance with directions from the commissioner of health concerning\\nthe distribution of revenues among the various accounts, all moneys in\\nthe department of health income fund in excess of the aggregate amount\\nof money required to be maintained in the department of health income\\nfund pursuant to paragraph (c) of this subdivision. Prior to making any\\nsuch transfer, the comptroller shall make and deliver to the director of\\nthe budget and to the dormitory authority his certificate stating the\\naggregate amount to be maintained on deposit in the department of health\\nincome fund to comply in full with the provision of paragraph (c) of\\nthis subdivision. When further directed by the commissioner, the\\ncomptroller shall transfer revenues and/or appropriations between and\\namong these accounts and the special revenue funds - other,\\nmiscellaneous special revenue fund - 339, New York city veteran's home\\naccount. For purposes of transferring appropriations it is intended\\nthat the following accounts be understood to be part of the same program\\nand same fund for purposes of section fifty-one of the state finance\\nlaw, thereby authorizing unlimited interchangeability of appropriated\\namounts between the following accounts in the special revenue funds -\\nother, miscellaneous special revenue fund - 339: Roswell Park Cancer\\nInstitute Account, Helen Hayes Hospital Account, New York State Home for\\nVeterans and Their Dependents at Oxford Account, Western New York\\nVeterans' Home Account, New York State Home for Veterans in the\\nlower-Hudson Valley Account, and New York City Veterans' Home Account.\\nThe comptroller shall, as determined by the commissioner and consistent\\nwith any repayment agreement entered into between the director of the\\nbudget and the commissioner, transfer funds from the Roswell Park cancer\\ninstitute account, Helen Hayes hospital account, New York state home for\\nveterans and their dependents at Oxford account, western New York\\nveterans' home account or New York state home for veterans in the\\nlower-Hudson Valley account to the department of health services account\\nto repay all or part of any outstanding liabilities in the health\\nservices account attributed to the respective hospitals for which such\\naccounts were established.\\n 3. To secure the payment of any money due or to become due in any year\\nunder any lease, sublease or agreement entered into between the\\ndepartment and the dormitory authority, the commissioner may pledge or\\nassign to the dormitory authority all or any moneys in the department of\\nhealth income fund established pursuant to this section, and any and all\\nmoneys which may be receivable by the department and credited to such\\ndepartment of health income fund in the future, and any right, title and\\ninterest of the department in and to the money in or to be deposited in\\nsuch department of health income fund.\\n 4. The moneys in the department of health income fund shall be paid\\nout of such fund on the audit and warrant of the comptroller on vouchers\\ncertified or approved by the commissioner, or by an officer or employee\\nof the department designated by the commissioner, notwithstanding the\\nprovisions of any general or special law to the contrary.\\n 5. Notwithstanding any inconsistent provision of this section or any\\nother law to the contrary, including, but not limited to, section four\\nof the state finance law, the comptroller shall no less than biweekly\\npay any moneys which the commissioner identifies as being attributed to\\nthe operation of the Roswell Park Cancer Institute corporation or the\\nproperties leased to it by the state or subsidiaries of such\\ncorporation, which are in excess of the amounts required to comply with\\nthe provisions of paragraph (c) of subdivision two of this section, into\\na depositary account owned and controlled by the Roswell Park Cancer\\nInstitute corporation.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "409-A", "title" : "Department of health New York city veterans home income fund", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "409-A", "activeDate" : "2014-09-22", "sequenceNo" : 258, "repealedDate" : null, "fromSection" : "409-A", "toSection" : "409-A", "text" : " § 409-a. Department of health New York city veterans home income fund.\\n1. There is established in the custody of the comptroller a special\\naccount, to be known as the \"department of health New York city veterans\\nhome income fund\", which shall be referred to in this section as \"the\\nfund\".\\n 2. (a) The commissioner shall, after the first day of July, nineteen\\nhundred ninety-one, pay over moneys received by the department for the\\ncare, maintenance and treatment of patients at the New York state home\\nfor veterans in the city of New York, together with moneys received from\\nfees, including parking fees, refunds, reimbursements, sales of property\\nand miscellaneous receipts of such home other than gifts, grants,\\nbequests and moneys received under research contracts to the comptroller\\nto be deposited by the comptroller in the fund. Such moneys shall be\\nkept separate and shall not be commingled with any other moneys in the\\nhands of the comptroller. All deposits of such money shall, if required\\nby the comptroller, be secured by obligations of the United States or of\\nthe state of market value equal at all times to the amount of the\\ndeposit and all banks and trust companies are authorized to give such\\nsecurities for such deposits.\\n (b) Subject to the terms of any agreement between the department and\\nthe dormitory authority, any such moneys in the fund not required for\\nimmediate use, may, in the discretion of the comptroller, be invested by\\nthe comptroller in obligations of the United States or the state or\\nobligations the principal and interest of which are guaranteed by the\\nUnited States or the state.\\n (c) The comptroller shall at all times maintain on deposit in the fund\\nthe aggregate amount of money needed by the department during the next\\nsucceeding six calendar months to comply in full with all obligations of\\nthe department under the terms of any lease, sublease or agreement of\\nthe department with the dormitory authority relating to the New York\\nstate home for veterans in the city of New York which is then in effect,\\nincluding without limitation by the specification thereof, (i) the\\namount needed to make rental or other payments thereunder during such\\nsemiannual period and (ii) the amount needed to establish and maintain\\nreserves thereunder during such period.\\n (d) The comptroller shall from time to time but in no event later than\\nthe last day of March, June, September and December of each year pay\\nover and deposit in the special revenue funds - other, miscellaneous\\nspecial revenue fund - 339, New York city veterans' home account, all\\nmoneys in the fund in excess of the aggregate amount of money required\\nto be maintained in the department of health New York City veterans home\\nincome fund pursuant to paragraph (c) of this subdivision. Prior to\\nmaking any such transfer, the comptroller shall make and deliver to the\\ndirector of the budget and to the dormitory authority a certificate\\nstating the aggregate amount to be maintained on deposit in the fund to\\ncomply in full with the provision of paragraph (c) of this subdivision.\\nWhen further directed by the commissioner, the comptroller shall\\ntransfer revenues and/or appropriations between and among this account\\nand the special revenue funds - other, miscellaneous special revenue\\nfund - 339, Roswell Park cancer institute account, Helen Hayes hospital\\naccount, New York state home for veterans and their dependents at Oxford\\naccount, western New York veteran's home account and New York state home\\nfor veterans in the lower-Hudson Valley account. For purposes of\\ntransferring appropriations it is intended that the following accounts\\nbe understood to be part of the same program and same fund for purposes\\nof section fifty-one of the state finance law, thereby authorizing\\nunlimited interchangeability of appropriated amounts between the\\nfollowing accounts in the special revenue funds - other, miscellaneous\\nspecial revenue fund - 339: Roswell Park Cancer Institute Account, Helen\\nHayes Hospital Account, New York State Home for Veterans and Their\\nDependents at Oxford Account, Western New York Veterans' Home Account,\\nNew York State Home for Veterans in the lower-Hudson Valley Account, and\\nNew York City Veterans' Home Account. The comptroller shall, as\\ndetermined by the commissioner and consistent with any repayment\\nagreement entered into between the director of the budget and the\\ncommissioner, transfer funds from the New York city veteran's home\\naccount to the department of health services account to repay all or\\npart of any outstanding liabilities in the health services account\\nattributed to the New York city veterans' home.\\n 3. To secure the payment of any money due or to become due in any year\\nunder any lease, sublease or agreement entered into between the\\ndepartment and the dormitory authority relating to the New York state\\nhome for veterans in the city of New York, the commissioner may pledge\\nor assign to the dormitory authority all or any moneys in the fund\\nestablished pursuant to this section, and any and all moneys which may\\nbe receivable by the department and credited to such fund in the future,\\nand any right, title and interest of the department in and to the money\\nin or to be deposited in such fund.\\n 4. The moneys in the fund shall be paid out of such fund on the audit\\nand warrant of the comptroller on vouchers certified or approved by the\\ncommissioner, or by an officer or employee of the department designated\\nby the commissioner, notwithstanding the provision of any general or\\nspecial law to the contrary.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "409-B", "title" : "Distribution of surplus revenue", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "409-B", "activeDate" : "2014-09-22", "sequenceNo" : 259, "repealedDate" : null, "fromSection" : "409-B", "toSection" : "409-B", "text" : " § 409-b. Distribution of surplus revenue. 1. Notwithstanding any\\ninconsistent provisions of section four hundred nine of this article,\\nthe commissioner shall establish a plan for distribution of surplus\\nrevenue to the institutional program in accordance with the provisions\\nof this section.\\n 2. The commissioner shall annually certify to the director of the\\nbudget when there are sufficient receipts deposited to the department of\\nhealth income fund to meet the department's revenue target for debt\\nservice and institutional operations established in the budget for the\\nfiscal year.\\n 3. The commissioner shall allocate the full amount of the receipts\\nreceived from state hospitals within the department which exceed the\\namount certified to the director of the division of the budget pursuant\\nto subdivision two of this section to be paid over and deposited in the\\nsurplus revenue account established pursuant to subdivision four of this\\nsection to be allocated to such facilities in accordance with\\nsubdivision five of this section.\\n 4. There shall be established within the special revenue funds - other\\na department of health facility surplus revenue account. All surplus\\nrevenues allocated pursuant to subdivision three of this section shall\\nbe paid over and deposited to the department of health facility surplus\\nrevenue account.\\n 5. The commissioner shall segregate any funds available in the\\ndepartment of health facility surplus revenue account pursuant to\\nsubdivision four of this section to the state hospitals within the\\ndepartment based on consideration of the following factors: (i) the\\nproportion of funds that each facility contributes to such surplus\\nrevenue; and (ii) the amounts each facility contributed to the\\ndepartment of health income fund under section four hundred nine of this\\narticle. The amounts shall be allocated to each facility in accordance\\nwith a plan, subject to the approval of the commissioner, submitted by\\neach facility to ensure that such funds are used for non-recurring\\nexpenses including personal services contracts and equipment leases and\\nrentals that are for no more than one year, but are potentially\\nrenewable and meet all applicable state purchasing requirements.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "409-C", "title" : "Powers and duties of the commissioner; administrative and fiscal functions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-05-01", "2017-08-04", "2019-04-19", "2023-05-12", "2023-06-23" ], "docLevelId" : "409-C", "activeDate" : "2019-04-19", "sequenceNo" : 260, "repealedDate" : null, "fromSection" : "409-C", "toSection" : "409-C", "text" : " § 409-c. Powers and duties of the commissioner; administrative and\\nfiscal functions. 1. Notwithstanding the provisions of sections\\nforty-four, forty-nine, fifty, fifty-one and ninety-three of the state\\nfinance law, section nine of the public buildings law or any other\\nprovision of law to the contrary, the commissioner is authorized and\\nempowered:\\n (a) to expend all lump sum or consolidated appropriations and other\\nappropriations made for the institutional program. Within aggregate\\nfunds available for expenditures, the state comptroller shall draw\\nwarrants for the payment of all vouchers approved by the commissioner,\\nor by such person as shall be designated by the commissioner by a rule\\nor written direction filed with the state comptroller. Such lump sum or\\nconsolidated appropriations made for personal service, or for\\nmaintenance and operation or for non-personal service, or maintenance\\nundistributed including personal service, other than appropriations from\\nproprietary or fiduciary funds, shall be available for payments for\\npersonal service, or maintenance and operation or for non-personal\\nservice, or for maintenance undistributed including personal service\\nupon the filing of a schedule of positions and salaries and the amounts\\nto be available for other personal service classes of expenditure, and\\nfor the expenses of maintenance and operation, or for non-personal\\nservice with the director of the budget, chairman of the senate finance\\ncommittee, chairman of the assembly ways and means committee, and the\\nstate comptroller. Any such schedule may be amended and such amendment\\nshall be filed with the officers named above. The state comptroller is\\nauthorized to pay any amounts required for the salaries and related\\nemployment benefits of employees of the institutional program from any\\nappropriations available therefor.\\n (b) To increase or decrease capital projects fund appropriations by\\ntransfer or interchange as follows:\\n (i) Amounts appropriated for the programs or purposes or for any item\\nor items within such programs or purposes of the institutional program\\nin the department from a particular fund or funds, excluding\\nappropriations for major new facility construction or comprehensive\\nfacility renovation or modernization projects, in a fiscal year may be\\ninterchanged between items within the same program or purposes of an\\ninstitution, or with other items appropriated from such fund not in the\\nsame program or purpose within an institution, but which are contained\\nin the state comptroller's classification of items as last promulgated\\npursuant to a certificate of allocation. Such certificate shall be\\nsubmitted by the commissioner to the state comptroller with copies to be\\nsent to the chairs of the senate finance committee and the assembly ways\\nand means committee and the director of the budget for informational\\npurposes only.\\n 2. (a) Notwithstanding any inconsistent provision of section\\nninety-three of the state finance law or any other law to the contrary,\\nany capital projects fund appropriation for state hospitals in the\\ndepartment shall be available to the department upon issuance of a\\ncertificate of approval of availability by the director of the budget.\\nThe certificate shall be for so much as shall be necessary to accomplish\\nthe purposes described in the report from the department specifying the\\nscope of the project and the project budget within the limits of the\\nappropriation and a copy of such certificate of approval shall be filed\\nwith the state comptroller, the chair of the senate finance committee\\nand the chair of the assembly ways and means committee. Moneys so\\napproved shall be paid on the audit and warrant of the state comptroller\\npursuant to vouchers approved by the commissioner.\\n (b) Notwithstanding any inconsistent provision of section nine of the\\npublic buildings law or any other law to the contrary, when the\\ncommissioner shall determine that there is a construction emergency, as\\ndefined in section nine of the public buildings law, the commissioner is\\nempowered and authorized to exceed the limit of forty thousand dollars\\nbut not to exceed the limit of two hundred thousand dollars for such\\nproject and may utilize any capital projects fund appropriation for\\nstate hospitals within the department for the purposes of addressing\\nsuch construction emergency.\\n 3. The commissioner shall provide the chairs of the senate finance\\ncommittee and the assembly ways and means committee and the director of\\nthe budget with: (i) quarterly reports of all expenditures within the\\ninstitutional program pursuant to this section on the fifteenth day of\\nJuly, October, January and April of each year; and (ii) a report on the\\nhealth care activities of the facilities within the institutional\\nprogram pursuant to this section and their participation in health care\\ndelivery networks, either directly or under contract on or around\\nsubmission of the annual budget request, but in no event later than\\nOctober fifteenth of each year. This report shall provide information\\nregarding: the impact of existing managed care contracts on services,\\ncensus levels, operational costs and revenue; and the impact of planned\\nexpansion of existing managed care networks, including anticipated\\nchanges in service areas, census, operating costs and revenue projected\\nas a result of such expansion.\\n 4. Notwithstanding any provision of section one hundred sixty-three of\\nthe state finance law or any other law, rule or regulation to the\\ncontrary, the commissioner may:\\n (a) authorize contracts with public, non-profit or business entities\\nfor the provision of general comprehensive and specialty health care\\nservices in department inpatient or outpatient hospitals, clinics or\\nother ancillary facilities, as defined in section four hundred three of\\nthis title, through managed care networks or other health care\\ncontractual arrangements for the provision of health care services.\\nConsistent with applicable laws and regulations, the commissioner shall\\ndevelop policies concerning the terms and conditions for such contracts\\nincluding length of term, contributions, evidence of insurance, risk\\nassumption and indemnification. Health care services to be provided\\nunder such contracts may be delivered directly by state hospitals in the\\ndepartment, as defined in section four hundred three of this title, or,\\nwith respect to health care services not provided by such hospitals,\\nthrough contract, agreement or other arrangement with physicians and\\nother health practitioners and providers or professional corporations,\\nnot-for-profit or business entities comprised thereof. Contracts for the\\nprovision of health care services hereunder: (i) shall be consistent\\nwith applicable provisions of agreements between the state and employee\\norganizations pursuant to article fourteen of the civil service law;\\n(ii) may be entered into without formal competitive bidding subject to\\nthe policies of the commissioner which shall include requirements for\\ncomparative review or other competitive processes where appropriate; and\\n(iii) shall not increase operating costs above resulting increases in\\nrevenue such that expenditures related to services provided pursuant to\\nsuch contracts will be limited to revenues projected to be received over\\nthe life of the contract. Before entering into any contract pursuant to\\nthis paragraph, the commissioner shall provide a written assurance to\\nthe director of the budget that such contract will not require any\\nadditional resources from the state of New York not supported by\\ncontract revenues, based on the projected financial and economic\\nanalyses of the proposed contract submitted by the facility, including\\nrelevant assumptions regarding the projection.\\n * (b) notwithstanding section one hundred twelve of the state finance\\nlaw to the contrary, authorize contracts for the purchase of goods and\\nservices for state hospitals in the department, as defined in section\\nfour hundred three of this title, without prior review and approval of\\nany other state office or agency and subject to the commissioner's rules\\nand regulations: (i) for any contract which does not exceed one hundred\\nthousand dollars; or (ii) for joint or group purchasing arrangements\\nwhich do not exceed three hundred thousand dollars. The state\\ncomptroller shall have ninety days to review arrangements over the\\nlimitations prescribed pursuant to this subparagraph. Purchases made\\npursuant to such joint or group purchasing arrangements shall not\\ninclude services and be made from contracts awarded by a regionally or\\nnationally recognized purchasing organization, and contracts with a\\nregionally or nationally recognized purchasing organization shall be\\nmade on a competitive basis.\\n * NB Repealed January 1, 2024\\n (c) authorize contracts for the participation by state hospitals in\\nthe department, as defined in section four hundred three of this title,\\nin joint and cooperative programs and arrangements for the delivery of\\nhealth care services, or for the planning and administration thereof,\\nwith public, non-profit or business entities, including programs and\\narrangements on a regional or national basis.\\n (d) authorize the department to: (i) lease, sublease or otherwise make\\navailable in accordance with the commissioner's policies, space or\\nfacilities within its hospitals, as defined in section four hundred\\nthree of this title, to one or more practitioners or public, non-profit\\nor business entities for the purposes specified in paragraphs (a) and\\n(c) of this subdivision; or (ii) to lease or sublease any facilities or\\nother property necessary for the delivery of health care services in\\naccordance with the provisions of paragraphs (a) and (b) of this\\nsubdivision.\\n (e) nothing contained in this subdivision shall in any way alter or\\nimpair the rights provided pursuant to a collective bargaining\\nagreement, state law implementing such agreement or under article\\nfourteen of the civil service law of all members of certified bargaining\\nunits currently or hereafter employed by the department in hospitals, as\\ndefined in section four hundred three of this title, and all certified\\nemployee organizations and negotiating units of such employees shall\\ncontinue in accordance with the provisions of article fourteen of the\\ncivil service law. The commissioner shall assure that any contract or\\nagreement entered into for the provision of general comprehensive and\\nspecialty health care services in department hospitals, as defined in\\nsection four hundred three of this title, through participation in\\nmanaged care networks or other joint and cooperative programs and\\narrangements including those on a regional basis in fulfillment of any\\nprovision of this subdivision, the service of which is being provided by\\ndepartment employees at hospitals defined in section four hundred three\\nof this title who are members of certified bargaining units at such\\nhospital will be subject to the terms and conditions of any current or\\nfuture collectively negotiated agreement between the state and certified\\nemployee organizations pursuant to article fourteen of the civil service\\nlaw.\\n 5. The commissioner shall submit a report to the governor, the\\ntemporary president of the senate, the speaker of the assembly and the\\noffice of the state comptroller on or before May first, two thousand\\ntwo, which shall include a record of all group purchasing arrangements,\\nincluding for each group purchasing arrangement: the name of the\\npurchasing organization, overall contract amount, dollar value of\\npurchases made by fiscal year, description of the commodities purchased,\\nand methodology used to determine the cost effectiveness of such\\npurchase.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "410", "title" : "Hospitals; reimbursement", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "410", "activeDate" : "2014-09-22", "sequenceNo" : 261, "repealedDate" : null, "fromSection" : "410", "toSection" : "410", "text" : " § 410. Hospitals; reimbursement. No corporation organized and\\noperating in accordance with article forty-three of the insurance law,\\norganization operating in accordance with the provisions of article\\nforty-four of this chapter, commercial insurer licensed to do business\\nin this state and authorized to write accident and health insurance or\\npayor responsible for payments pursuant to the workers' compensation\\nlaw, the volunteer firefighters' benefit law, the volunteer ambulance\\nworkers' benefit law or the comprehensive motor vehicle insurance\\nreparations act shall decline or refuse to make payments to a state\\nhospital in the department as enumerated in section four hundred three\\nof this chapter, in accordance with rates of payment established for\\nsuch payor pursuant to article twenty-eight of this chapter for such\\nhospital or hospital charges for services not covered by rates of\\npayment, for hospital or health-related services provided to\\nsubscribers, beneficiaries, or enrolled members that would be a covered\\nservice for which such payor would make payment if provided at a\\nvoluntary non-profit hospital issued an operating certificate pursuant\\nto section twenty-eight hundred five of this chapter, or, for a payor\\nthat provides for participating provider agreements, to enter into a\\nparticipating provider agreement with such state hospital.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 16 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A4T2", "title" : "Hospitals: Boards of Visitors", "docType" : "TITLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2", "activeDate" : "2014-09-22", "sequenceNo" : 262, "repealedDate" : null, "fromSection" : "420", "toSection" : "425", "text" : " TITLE II\\n HOSPITALS: BOARDS OF VISITORS\\nSection 420. Boards of visitors; appointment.\\n 421. Boards of visitors; officers; meetings.\\n 422. Boards of visitors; compensation and expenses of members.\\n 423. Boards of visitors; general powers and duties.\\n 424. Boards of visitors; access to hospital; books, records and\\n accounts.\\n 425. Boards of visitors; reports to commissioner and governor.\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "420", "title" : "Boards of visitors; appointment", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "420", "activeDate" : "2014-09-22", "sequenceNo" : 263, "repealedDate" : null, "fromSection" : "420", "toSection" : "420", "text" : " § 420. Boards of visitors; appointment. 1. (a) Subject to the\\nprovisions of this chapter, each hospital in the department shall\\ncontinue to have a board of seven visitors, to be appointed by the\\ngovernor by and with the advice and consent of the senate; provided\\nhowever that in the case of the state institute for the study of\\nmalignant diseases one of the seven members of the board of visitors\\nshall be the commissioner, ex-officio.\\n (b) At least two members of the board of visitors of the Helen Hayes\\nhospital shall be duly licensed physicians and at least two members\\nshall be women. This provision shall not affect the offices of the\\npresent members; but appointments hereafter shall be so made as to\\ncomply herewith as soon as practicable.\\n (c) At least two of the members of the board of visitors of the state\\ninstitute for the study of malignant diseases shall be residents of the\\ncity of Buffalo or vicinity and one member of the board of visitors\\nshall be a member of the medical faculty or of the council of the\\nUniversity of Buffalo.\\n 2. (a) The terms of office of the members of the boards of visitors,\\nother than the members of the board of visitors of the state institute\\nfor the study of malignant diseases, shall be seven years, and they\\nshall be so appointed that the term of at least one of the members of\\nthe board of visitors shall expire on the thirty-first day of December\\nof each year.\\n (b) The terms of office of the members of the board of visitors of the\\nstate institute for the study of malignant diseases shall be five years\\nand they shall be so appointed that the term of at least one of the\\nmembers shall expire on the thirty-first of December of each year.\\n 3. All vacancies on the several boards of visitors of hospitals in the\\ndepartment shall be filled by the governor in the same manner as\\noriginal appointments, and the person appointed to fill a vacancy in the\\nboard of visitors of a hospital in the department shall hold office for\\nthe remainder of the term of the person whom he succeeds.\\n 4. The governor may remove any member or members of a board of\\nvisitors for cause after an opportunity to be heard.\\n 5. This section shall not affect the terms of the present members of\\nsuch board.\\n 6. Notwithstanding any inconsistent provision of this section or any\\nother provision of law to the contrary, upon the transfer to the Roswell\\nPark Cancer Institute corporation of the operations of the Roswell Park\\nCancer Institute, the board of visitors of Roswell Park Cancer Institute\\nshall cease to operate and the terms of the current members of the board\\nof visitors shall terminate. In the event that the operations of the\\nRoswell Park Cancer Institute revert to the department of health, the\\nboard of visitors shall be reconstituted and the governor shall make new\\nappointments pursuant to this section.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "421", "title" : "Boards of visitors; officers; meetings", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "421", "activeDate" : "2014-09-22", "sequenceNo" : 264, "repealedDate" : null, "fromSection" : "421", "toSection" : "421", "text" : " § 421. Boards of visitors; officers; meetings. 1. The board of\\nvisitors of a hospital in the department shall elect a chairman from\\namong its members.\\n 2. (a) The board of visitors of each hospital in the department, other\\nthan the institute for the study of malignant diseases, shall hold\\nregular meetings at least once every three months throughout the year,\\nand cause to be typewritten within ten days after each such meeting, the\\nminutes and proceedings of such meeting, and cause a copy thereof, to be\\nsent forthwith to each member of the board of visitors, to the\\ncommissioner and to the governor.\\n (b) The board of visitors of the state institute for the study of\\nmalignant diseases shall meet quarterly to consider the affairs of the\\ninstitute and at the last quarterly meeting in a calendar year shall\\nprepare and transmit to the commissioner, a report of the work of the\\ninstitute for the twelve months preceding such meeting.\\n (c) The board of visitors of each hospital in the department may meet\\nat any time on call of the chairman.\\n 3. Members of a board of visitors who fail to attend meetings of the\\nboard at least twice in each calendar year shall be deemed to have\\nvacated their membership in such board of visitors, whereupon the\\ngovernor shall fill the vacancies so created as provided by this\\nchapter, unless the absence of such visitors shall be excused by the\\ngovernor.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "422", "title" : "Boards of visitors; compensation and expenses of members", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "422", "activeDate" : "2014-09-22", "sequenceNo" : 265, "repealedDate" : null, "fromSection" : "422", "toSection" : "422", "text" : " § 422. Boards of visitors; compensation and expenses of members.\\nMembers of the board of visitors of each hospital in the department\\nshall receive no compensation, but each shall be entitled to receive his\\nexpenses actually and necessarily incurred in the performance of his\\nduties.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "423", "title" : "Boards of visitors; general powers and duties", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "423", "activeDate" : "2014-09-22", "sequenceNo" : 266, "repealedDate" : null, "fromSection" : "423", "toSection" : "423", "text" : " § 423. Boards of visitors; general powers and duties. 1. The board of\\nvisitors of each hospital in the department shall have the powers and\\nduties expressly conferred or imposed on it by this chapter and such\\nother powers and duties, not inconsistent with law as may be prescribed\\nby rules of the commissioner.\\n 2. Each board of visitors shall:\\n (a) subject to such rules and the statutory powers of the\\ncommissioner, take care of the general interest of the institution and\\nsee that its objective is carried into effect;\\n (b) maintain an effective inspection of the institution, for which\\npurpose the board, or a majority of its members, shall visit and inspect\\nthe institution at least once every three months;\\n (c) keep in a book provided for that purpose, a fair and full record\\nof its activities, which shall be open at all times to the inspection\\nand examination of the governor or of any person appointed by the\\ngovernor or by either house of the legislature, or to the commissioner\\nor his authorized representatives;\\n (d) enter in a book, kept at the institution for that purpose, the\\ndate of each visit of each visitor;\\n (e) investigate, hear and ascertain the truth of all charges made\\nagainst the director or other officer or employee of the institution,\\nissue subpoenas, take and hear testimony in respect to such charges and\\nmake its recommendations thereon to the authority having the power to\\ndischarge or remove. A witness attending before such board shall be\\nentitled to the same fees as a witness attending before a court of\\nrecord or a judge thereof, which shall be paid as other institutional\\ncharges.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "424", "title" : "Boards of visitors; access to hospital; books, records and accounts", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "424", "activeDate" : "2014-09-22", "sequenceNo" : 267, "repealedDate" : null, "fromSection" : "424", "toSection" : "424", "text" : " § 424. Boards of visitors; access to hospital; books, records and\\naccounts. The resident officers of each hospital in the department shall\\nadmit the members of the board of visitors of the respective hospital\\ninto every part of the hospital and its buildings, and exhibit to them\\non demand all the books, papers, accounts and writings belonging to the\\nhospital, or pertaining to its business, management, discipline or\\ngovernment, and furnish copies, abstracts and reports whenever required\\nby them.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "425", "title" : "Boards of visitors; reports to commissioner and governor", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "425", "activeDate" : "2014-09-22", "sequenceNo" : 268, "repealedDate" : null, "fromSection" : "425", "toSection" : "425", "text" : " § 425. Boards of visitors; reports to commissioner and governor. 1.\\nThe board of visitors of each hospital in the department shall make a\\nwritten report to the commissioner and to the governor within ten days\\nafter each inspection, such report to be signed by each member making\\nthe inspection. Such report shall state in detail the condition of the\\nhospital and of its patients, and such other matters pertaining to the\\nmanagement and affairs thereof as in the opinion of the board of\\nvisitors should be brought to the attention of the commissioner or the\\ngovernor, and may contain recommendations as to needed improvement in\\nthe hospital or in its management.\\n 2. Each board of visitors shall make to the commissioner in January of\\neach year a detailed report of the results of its visits and\\ninspections, with suitable suggestions and such other matters as may be\\nrequired of it by the commissioner for the year ending on the\\nthirty-first day of December preceding the day of such report. Such\\nreport shall be prepared by a committee of the board of visitors,\\nsubject to the approval of the board.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 6 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A4T4", "title" : "Hospitals: Officers and Employees", "docType" : "TITLE", "publishedDates" : [ "2014-09-22", "2019-01-11" ], "docLevelId" : "4", "activeDate" : "2019-01-11", "sequenceNo" : 269, "repealedDate" : null, "fromSection" : "450", "toSection" : "455", "text" : " TITLE IV\\n HOSPITALS: OFFICERS AND EMPLOYEES\\nSection 450. Directors of hospitals; qualifications and appointment.\\n 451. Directors of hospitals; removal and suspension.\\n 452. Directors of hospitals; general powers and duties.\\n 453. Treasurers of hospitals; appointment.\\n 454. Treasurers of hospitals; powers and duties.\\n 455. Hospitals; special police officers; powers and duties.\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "450", "title" : "Directors of hospitals; qualifications and appointment", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "450", "activeDate" : "2014-09-22", "sequenceNo" : 270, "repealedDate" : null, "fromSection" : "450", "toSection" : "450", "text" : " § 450. Directors of hospitals; qualifications and appointment. 1.\\nThere shall be a director of each state hospital in the department, who\\nshall be in the competitive class of civil service, and who shall be\\nappointed by the commissioner.\\n 2. The director shall possess the qualifications prescribed by law,\\nor, if no such qualifications be prescribed, such qualifications as may\\nbe prescribed in the sanitary code.\\n 3. Before making the appointment of a director of a hospital, the\\ncommissioner shall give notice of his intended action to the members of\\nthe board of visitors, by registered mail, naming the person whom he\\nproposes to appoint and his place of residence, and shall specify a day,\\nnot less than ten days from the mailing of the notice, before which the\\nboard of visitors may submit to the commissioner the objections of the\\nboard of visitors, if any, to such appointment; and the person named\\nshall not be appointed before such day, except in the case of an express\\napproval by the board of visitors.\\n 4. Subject to removal in the manner provided by law, the director of\\neach hospital in the department now in office is hereby continued in\\noffice.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "451", "title" : "Directors of hospitals; removal and suspension", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "451", "activeDate" : "2014-09-22", "sequenceNo" : 271, "repealedDate" : null, "fromSection" : "451", "toSection" : "451", "text" : " § 451. Directors of hospitals; removal and suspension. 1. The director\\nof a hospital in the department may be removed by the commissioner for\\ncause stated in writing, after an opportunity has been given the\\ndirector to be heard thereon. Such action by the commissioner shall be\\nfinal. The board of visitors of the hospital, however, shall be notified\\nof any such hearing and its members be given an opportunity to be heard\\nthereat. Pending the investigation by the commissioner or board of\\nvisitors of any charges against a director, the commissioner may suspend\\nsuch director.\\n 2. The commissioner may prefer charges of misconduct or incompetency\\nagainst the director of a hospital in the department, to the board of\\nvisitors, and the board of visitors shall thereupon investigate the\\ntruth of such charges and make its recommendations thereon to the\\ncommissioner, or the commissioner or his duly authorized representative\\nmay investigate any charges of like nature made to the commissioner.\\nThe investigating authority may subpoena witnesses, and take and hear\\ntestimony.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "452", "title" : "Directors of hospitals; general powers and duties", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "452", "activeDate" : "2014-09-22", "sequenceNo" : 272, "repealedDate" : null, "fromSection" : "452", "toSection" : "452", "text" : " § 452. Directors of hospitals; general powers and duties. 1. The\\ndirector of each hospital in the department shall be the executive\\nofficer of the hospital and shall:\\n (a) be in immediate charge of the activities and management of the\\nhospital, subject to the supervision and control of the commissioner;\\n (b) except as otherwise provided with respect to the treasurer, and\\nsubject to the approval of the commissioner, appoint and remove all\\nmembers of the staff and all other employees of the hospital;\\n (c) annually, in the month of January, report to the commissioner of\\nthe activities of the hospital for the calendar year ending with the\\npreceding thirty-first day of December;\\n (d) submit at each meeting of the board of visitors, a report showing\\nchanges in population, health of patients, officers and employees;\\naccidents, suicides, unusual sickness, communicable diseases; important\\noccurrences relating to the welfare of the patients and to the\\nmanagement and discipline of the employees, and such other matters as\\nthe board of visitors may specify; and,\\n (e) perform such other duties as the commissioner may require.\\n 2. Nothing in this chapter shall prevent the adoption, by any director\\nof a hospital in the department, of rules pertaining to duties of\\nofficers and employees of the hospital under his charge or for internal\\ngovernment, discipline and management of the hospital, consistent with\\nthe provisions of the civil service law, the rules promulgated pursuant\\nthereto and the rules of the commissioner, but any rule of the director\\nshall be subject to revocation or suspenison by the commissioner.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "453", "title" : "Treasurers of hospitals; appointment", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "453", "activeDate" : "2014-09-22", "sequenceNo" : 273, "repealedDate" : null, "fromSection" : "453", "toSection" : "453", "text" : " § 453. Treasurers of hospitals; appointment. 1. Each hospital in the\\ndepartment shall have a treasurer.\\n 2. (a) The commissioner may appoint such an officer for each hospital.\\n (b) In the event that the commissioner fails to appoint a treasurer as\\nprovided by this section, or in the event of a vacancy occurring in the\\noffice of treasurer or pending the appointment of a treasurer, the\\ndirector of the hospital shall be the treasurer.\\n (c) During the absence or disability of the treasurer of a hospital,\\nthe director thereof shall perform the duties of a treasurer.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "454", "title" : "Treasurers of hospitals; powers and duties", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "454", "activeDate" : "2014-09-22", "sequenceNo" : 274, "repealedDate" : null, "fromSection" : "454", "toSection" : "454", "text" : " § 454. Treasurers of hospitals; powers and duties. Subject to rules\\nand regulations of the commissioner, the treasurer of each hospital in\\nthe department shall:\\n (a) receive and have the custody of all moneys and securities of the\\nhospital from whatever sources derived, except as otherwise provided by\\nlaw and keep an accurate record thereof and of all obligations of the\\nhospital;\\n (b) deposit in his name, as treasurer, in a bank approved by the state\\ncomptroller, all such moneys and transmit each month to the comptroller,\\nand to the commissioner, a statement showing the amount received and\\ndeposited, from whom and for what received and when such deposits were\\nmade. Such statement of deposits shall be certified by the proper\\nofficer of the bank receiving such deposits. The treasurer shall make an\\naffidavit to the effect that the sum so deposited is all the money\\nreceived by him from any source of hospital income to the date of the\\nlast deposit appearing on such statement;\\n (c) pay out the money deposited for the proper uses of the hospital\\nupon the voucher of the steward or business manager. Where the treasurer\\nis a person other than the director, said voucher shall be countersigned\\nby the director;\\n (d) keep full and accurate account of all receipts and payments in the\\nmanner and according to books and forms prescribed by the commissioner;\\n (e) balance all accounts on his books annually, for the preceding\\nfiscal year, and make a statement thereof and an abstract of the\\nreceipts and payments for such year and transmit the same to the\\ncommissioner on or before the following fifteenth day of August;\\n (f) render an account of the state of the books and of the funds and\\nproperty in his custody, whenever required by the commissioner; and,\\n (g) perform such other duties as the commissioner may require.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "455", "title" : "Hospitals; special police officers; powers and duties", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2019-01-11" ], "docLevelId" : "455", "activeDate" : "2019-01-11", "sequenceNo" : 275, "repealedDate" : null, "fromSection" : "455", "toSection" : "455", "text" : " § 455. Hospitals; special police officers; powers and duties. 1. The\\ndirector of each hospital in the department may designate attendants or\\nother employees to act as special police officers whose duty it shall be\\nunder the orders of the director to protect the grounds, buildings and\\npatients of the hospital and to eject therefrom disorderly persons. Such\\nattendants and employees, acting as special police officers, shall\\npossess all the powers of peace officers, as set forth in section 2.20\\nof the criminal procedure law, on the grounds and premises.\\n 2. The designation of such attendants and employees as special police\\nofficers in pursuance hereof, shall not be deemed to supersede, on the\\ngrounds and premises of such hospital, the authority of peace or police\\nofficers of the jurisdiction within which such hospital is located.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 6 }, "repealed" : false } ], "size" : 3 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A4-A", "title" : "Regulation of Body Piercing and Tattooing", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22", "2015-08-21" ], "docLevelId" : "4-A", "activeDate" : "2015-08-21", "sequenceNo" : 276, "repealedDate" : null, "fromSection" : "460", "toSection" : "467", "text" : " ARTICLE 4-A\\n REGULATION OF BODY PIERCING AND TATTOOING\\nSection 460. Definitions.\\n 460-a. Restrictions on body piercing studios.\\n 461. Permit required.\\n 462. Application of article.\\n 463. Denial of permit; notice of hearing.\\n 464. Permits; display; renewal; duplicates.\\n 465. Powers of the commissioner.\\n 466. Judicial review.\\n 467. Single use tattoo and body piercing equipment.\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "460", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-08-21", "2015-12-18", "2016-03-18", "2016-08-19" ], "docLevelId" : "460", "activeDate" : "2016-08-19", "sequenceNo" : 277, "repealedDate" : null, "fromSection" : "460", "toSection" : "460", "text" : " § 460. Definitions. As used in this article, unless the context\\nrequires otherwise:\\n 1. \"Commissioner\" shall mean the commissioner of health.\\n 2. \"Body piercing\" shall mean the piercing of any part of the body,\\nexcept the ear. Such term shall not include tongue-splitting, as defined\\nin section four hundred seventy of this chapter.\\n 3. \"Tattoo\" shall mean a mark on the body of a person made with\\nindelible ink or pigments injected beneath the outer layer of the skin.\\n 4. \"Body piercing specialist\" shall mean any person who performs body\\npiercing on the body of any other person.\\n 5. \"Tattooist\" shall mean any person who applies a tattoo to the body\\nof any other person.\\n 6. \"Body piercing studio\" shall mean any premises in which the body\\npiercing specialist conducts such practice.\\n 7. \"Tattoo studio\" shall mean any premises in which the tattooist\\nconducts such practice.\\n 8. \"Officer\" shall mean the public official with primary\\nresponsibility for the enforcement of the state sanitary code within a\\ncounty, or within a city with a population of one million or more\\npersons. For purposes of this title an officer shall have the powers of\\na presiding officer under the state administrative procedure act within\\na county and shall have the powers of a presiding officer under the city\\nadministrative procedures act within a city with a population of one\\nmillion or more persons.\\n 9. \"Department\" shall mean the department of health.\\n 10. \"Approved ink handling procedure\" shall mean tattoo ink storage\\nand use procedures that are approved and deemed protective by the\\ndepartment.\\n 11. \"Single use needle\" shall mean a needle that is sterile and that\\nhas never been used on another person.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "460-A", "title" : "Restrictions on body piercing studios", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "460-A", "activeDate" : "2014-09-22", "sequenceNo" : 278, "repealedDate" : null, "fromSection" : "460-A", "toSection" : "460-A", "text" : " § 460-a. Restrictions on body piercing studios. 1. No owner, operator\\nor employee of a body piercing studio shall permit body piercing on a\\nperson under eighteen years of age unless such person provides the body\\npiercing studio with the written consent, in a form prescribed by the\\ncommissioner, of a parent or legal guardian to use such body piercing\\nstudio. The parent or legal guardian shall sign such consent form in the\\npresence of the owner of the body piercing studio or a body piercing\\nspecialist of such studio. Such original written consent shall be\\nretained by the body piercing studio for a period of twelve months and\\nmay be retained off premises provided that an electronic image or\\nfacsimile of the original signed consent form is readily available by\\nthe owner or employee responsible for the operation of the body piercing\\nstudio.\\n 2. A written consent form signed by a parent or legal guardian\\npursuant to subdivision one of this section shall expire twelve months\\nfrom the date it is signed by the parent or legal guardian. Upon the\\nexpiration of a written consent form, a new written consent shall be\\nprovided in the manner prescribed in subdivision one of this section\\nprior to the use of a body piercing studio by any person under eighteen\\nyears of age.\\n 3. This section shall be exclusive and shall preempt any contrary\\nlocal law or ordinance, except that this section shall not preempt or\\nsupersede local laws or ordinances imposing additional stricter\\nrestrictions on the operation of body piercing studios which are in\\neffect prior to the effective date of this section.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "461", "title" : "Permit required", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "461", "activeDate" : "2014-09-22", "sequenceNo" : 279, "repealedDate" : null, "fromSection" : "461", "toSection" : "461", "text" : " § 461. Permit required. 1. No person shall be a body piercing\\nspecialist or tattooist and no person, firm, corporation, partnership,\\nor other association shall operate a body piercing studio or tattoo\\nstudio without first obtaining a permit from the department.\\n 2. All body piercing or tattooing shall be performed in accordance\\nwith the rules and regulations promulgated by the commissioner pursuant\\nto the public health law.\\n 3. The department shall issue a permit if the body piercing specialist\\nand body piercing studio or tattooist and tattoo studio are in\\ncompliance with this article, the penal law and the state sanitary code\\nand are not otherwise disqualified under this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "462", "title" : "Application of article", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "462", "activeDate" : "2014-09-22", "sequenceNo" : 280, "repealedDate" : null, "fromSection" : "462", "toSection" : "462", "text" : " § 462. Application of article. 1. This article shall not apply to or\\naffect a physician duly licensed under article one hundred thirty-one of\\nthe education law or x-ray technicians.\\n 2. This article shall not apply to, affect, or restrict the ability of\\na city, town, village, or county to enact a local law or ordinance\\nprohibiting or restricting body piercing or tattooing within such city,\\ntown, village or county.\\n 3. Nothing contained in this article shall be construed to limit the\\nduty or power of an officer to act with regard to an immediate threat to\\nthe health of the customers of a body piercing specialist or tattooist\\nor body piercing studio or tattoo studio or the community in which it is\\nlocated, or to alter or abridge any of the duties and powers now or\\nhereafter existing in the commissioner, state district health officers,\\ncounty boards of health, county commissioners of health or local boards\\nof health.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "463", "title" : "Denial of permit; notice of hearing", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "463", "activeDate" : "2014-09-22", "sequenceNo" : 281, "repealedDate" : null, "fromSection" : "463", "toSection" : "463", "text" : " § 463. Denial of permit; notice of hearing. The department shall,\\nbefore making a final determination to deny an application for a permit,\\nnotify the applicant in writing of the reasons for such proposed denial\\nand shall afford the applicant an opportunity to be heard in person or\\nby counsel prior to denial of the application. Such notification shall\\nbe served personally or by certified mail or in any manner authorized by\\nthe civil practice law and rules for service of a summons. If a hearing\\nis requested, such hearing shall be held at such time and place as the\\ndepartment shall prescribe. If the applicant fails to make a written\\nrequest for a hearing within thirty days after receipt of such\\nnotification, then the notification of denial shall become the final\\ndetermination of the department. The department, acting by such officer\\nas the commissioner may designate, shall have the power to subpoena and\\nbring before the officer any person in this state, and administer an\\noath to and take testimony of any person or cause his deposition to be\\ntaken. A subpoena issued under this section shall be regulated by the\\ncivil practice law and rules. If, after such hearing, the application is\\ndenied, written notice of such denial shall be served upon the applicant\\npersonally or by certified mail or in any manner authorized by the civil\\npractice law and rules for the service of a summons.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "464", "title" : "Permits; display; renewal; duplicates", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "464", "activeDate" : "2014-09-22", "sequenceNo" : 282, "repealedDate" : null, "fromSection" : "464", "toSection" : "464", "text" : " § 464. Permits; display; renewal; duplicates. 1. All permits shall be\\nfor a period of two years.\\n 2. No permit shall be assignable or transferable.\\n 3. Each permit issued pursuant to this article shall be posted and\\nkept posted in some conspicuous place in the body piercing studio or\\ntattoo studio in which the permittee is engaged in the practice of body\\npiercing or tattooing.\\n 4. Any permit which has not been suspended or revoked, may, upon the\\npayment of the renewal fee prescribed by the commissioner, be renewed\\nfor additional periods of two years from its expiration, upon the filing\\non any application for such renewal, on a form to be prescribed by the\\ncommissioner.\\n 5. Any person, firm, corporation, partnership or other association\\nfailing to file application and fee for renewal of a permit within one\\nyear immediately following the expiration of his last permit shall pay\\nan additional fee as prescribed by the commissioner.\\n 6. A duplicate permit may be issued for one lost, destroyed or\\nmutilated upon application therefor on a form prescribed by the\\ncommissioner and the payment of the fee prescribed therefor by the\\ncommissioner. Each such duplicate permit shall have the word \"duplicate\"\\nstamped across the face thereof and shall bear the same number as the\\none it replaces.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "465", "title" : "Powers of the commissioner", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "465", "activeDate" : "2014-09-22", "sequenceNo" : 283, "repealedDate" : null, "fromSection" : "465", "toSection" : "465", "text" : " § 465. Powers of the commissioner. In addition to the powers and\\nduties elsewhere prescribed in this article, the commissioner shall have\\npower to:\\n 1. Appoint one or more officers as shall be necessary to do or perform\\nin the department's place or stead the acts authorized by this article;\\n 2. Examine the qualifications and fitness of applicants for permits;\\n 3. Keep records of all permits issued, suspended or revoked, or orders\\ndirecting the cessation of unpermitted activities; and\\n 4. Prepare a manual of rules and regulations for the conduct of\\nexaminations and to furnish copies thereof to persons desiring the same\\nupon payment of a reasonable fee therefor.\\n 5. Establish an appropriate fee structure for licenses, permits,\\nrenewals and duplicates, and set levels of punishments for failure to\\nabide by this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "466", "title" : "Judicial review", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "466", "activeDate" : "2014-09-22", "sequenceNo" : 284, "repealedDate" : null, "fromSection" : "466", "toSection" : "466", "text" : " § 466. Judicial review. The action of the commissioner in suspending,\\nrevoking or refusing to issue or renew a permit or imposing any fine or\\nreprimand upon the holder thereof may be reviewed by a proceeding\\nbrought under and pursuant to article seventy-eight of the civil\\npractice law and rules.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "467", "title" : "Single use tattoo and body piercing equipment", "docType" : "SECTION", "publishedDates" : [ "2015-08-21", "2015-12-18", "2016-03-18", "2016-08-19" ], "docLevelId" : "467", "activeDate" : "2016-08-19", "sequenceNo" : 285, "repealedDate" : null, "fromSection" : "467", "toSection" : "467", "text" : " § 467. Single use tattoo and body piercing equipment.\\n 1. All tattoo studios and body piercing studios shall use only single\\nuse needles and approved ink handling procedures in all tattoo and body\\npiercing procedures performed in such establishments.\\n 2. Prior to a person receiving a tattoo or body piercing from a\\nlicensed tattooist or body piercing specialist, such person and licensed\\ntattooist or body piercing specialist must sign a form confirming that\\nthe tattooist or body piercing specialist:\\n (a) Presented all single use needles in a sterile and sealed package,\\nthat are to be used during the tattoo or body piercing procedure, to the\\nperson receiving such tattoo or body piercing, and explained that only\\napproved ink handling procedures would be used; and\\n (b) Opened all single use needles that are to be used during the\\ntattoo or body piercing procedure in the presence of the person\\nreceiving such tattoo or body piercing.\\n 3. A copy of the confirmation form shall be given to the person\\nreceiving a tattoo or body piercing. The tattoo studio or body piercing\\nstudio shall retain a copy of such confirmation form for a period not\\nless than seven years.\\n 4. The commissioner shall make regulations under this section.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 9 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A4-B", "title" : "Tongue-splitting", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4-B", "activeDate" : "2014-09-22", "sequenceNo" : 286, "repealedDate" : null, "fromSection" : "470", "toSection" : "470", "text" : " ARTICLE 4-B\\n TONGUE-SPLITTING\\nSection 470. Prohibition of tongue-splitting.\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "470", "title" : "Prohibition of tongue-splitting", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "470", "activeDate" : "2014-09-22", "sequenceNo" : 287, "repealedDate" : null, "fromSection" : "470", "toSection" : "470", "text" : " § 470. Prohibition of tongue-splitting. 1. For the purposes of this\\nsection, \"tongue-splitting\" shall mean the cutting of a person's tongue\\ninto two or more parts.\\n 2. No person shall perform a tongue-splitting on another person,\\nunless the person performing such tongue-splitting is licensed to\\npractice medicine pursuant to article one hundred thirty-one of the\\neducation law or licensed to practice dentistry pursuant to article one\\nhundred thirty-three of the education law.\\n 3. A violation of subdivision two of this section shall constitute a\\nclass A misdemeanor; provided, however, that a second or subsequent\\nviolation of such subdivision committed within five years of the date of\\nconviction for a prior offense shall constitute a class E felony.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 1 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A5", "title" : "Laboratories", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22", "2014-11-28" ], "docLevelId" : "5", "activeDate" : "2014-11-28", "sequenceNo" : 288, "repealedDate" : null, "fromSection" : "500", "toSection" : "588", "text" : " ARTICLE 5\\n LABORATORIES\\nTitle I. General provisions: state laboratories; approved laboratories\\n (§§ 500-506).\\n II. County laboratories (§§ 520-528).\\n III. City laboratories (§§ 540-545).\\n IV. Laboratory supply stations (§§ 560-563).\\n V. Clinical laboratory and blood banking services (§§ 570-581).\\n VI. Laboratory business practices (§§ 585-588).\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A5T1", "title" : "General Provisions: State Laboratories; Approved Laboratories", "docType" : "TITLE", "publishedDates" : [ "2014-09-22", "2014-11-28" ], "docLevelId" : "1", "activeDate" : "2014-11-28", "sequenceNo" : 289, "repealedDate" : null, "fromSection" : "500", "toSection" : "506", "text" : " TITLE I\\n GENERAL PROVISIONS: STATE LABORATORIES; APPROVED LABORATORIES\\nSection 500. Wadsworth center for laboratories and research;\\n establishment.\\n 501. State laboratories; approved laboratories; powers and\\n duties of commissioner.\\n 502. Environmental laboratories; examinations; certificates of\\n approval.\\n 503. Laboratories; state hospitals; service to counties and\\n municipalities.\\n 504. Laboratories; scientific tests on living animals; rules;\\n approval.\\n 505. Animal irritancy tests prohibited.\\n 505-a. Purchase of certain animals for scientific tests.\\n 506. Unlawful interference with research laboratory\\n operations.\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "500", "title" : "Wadsworth center for laboratories and research; establishment", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "500", "activeDate" : "2014-09-22", "sequenceNo" : 290, "repealedDate" : null, "fromSection" : "500", "toSection" : "500", "text" : " § 500. Wadsworth center for laboratories and research; establishment.\\n1. The commissioner shall establish and maintain one or more\\nlaboratories with such expert assistants and such facilities as are\\nnecessary for routine examinations and analyses, and for original\\ninvestigations and research in matters affecting public health. The\\nlaboratories shall be known as the Wadsworth center for laboratories and\\nresearch.\\n 2. The commissioner shall create within the Wadsworth center for\\nlaboratories and research a master of science degree program in the\\nfield of laboratory science, subject to approval of the board of regents\\nand registration with the department of education.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "501", "title" : "State laboratories; approved laboratories; powers and duties of commissioner", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "501", "activeDate" : "2014-09-22", "sequenceNo" : 291, "repealedDate" : null, "fromSection" : "501", "toSection" : "501", "text" : " § 501. State laboratories; approved laboratories; powers and duties of\\ncommissioner. 1. The commissioner shall have authority:\\n (a) to make, at the expense of the state, examinations and analyses,\\nat the request of any health officer or of any physician in accordance\\nwith the provisions of this article;\\n (b) to enter into contracts with laboratories in localities accessible\\nto the various portions of the state for the prompt examination of\\nspecimens received from local health officers or physicians and for the\\nimmediate report thereon, at the expense of the state; provided that all\\nsuch laboratories shall conform to the standards of efficiency\\nestablished by the public health council, and that no obligation shall\\nbe incurred by the commissioner in excess of the sums available\\ntherefor.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "502", "title" : "Environmental laboratories; examinations; certificates of approval", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2017-04-28" ], "docLevelId" : "502", "activeDate" : "2017-04-28", "sequenceNo" : 292, "repealedDate" : null, "fromSection" : "502", "toSection" : "502", "text" : " § 502. Environmental laboratories; examinations; certificates of\\napproval. 1. For the purposes of this section, \"environmental\\nlaboratory\" is any facility that examines or is available for the\\nexamination of samples or specimens including, but not limited to: air,\\nstack emissions, water, wastewater, surface water, ground water,\\nrecreational waters, swimming pools, leachate, land runoff, solid waste,\\nhazardous waste, soil, sediments and vegetation, as well as any\\nsubstance that could contribute to the pollution of or that could be\\ncontaminated by material contained in such samples or specimens. Such\\nexaminations shall be limited to the qualitative or quantitative\\ndeterminations of the biological, chemical, radiochemical or physical\\ncharacteristics of such samples or specimens for the purposes of public\\nor personal health protection or the protection of the environment or\\nnatural resources. Environmental laboratories shall not include\\nnon-laboratory chemical testing associated with residential water\\nsofteners and residential swimming pools.\\n 2. No environmental laboratory may perform any examination on samples\\ncollected in the state of New York for which the commissioner issues a\\ncertificate of approval for such examination unless the laboratory has\\nbeen issued such certificate of approval. Such laboratory examinations\\nshall conform to any conditions under which the approval is granted.\\n 3. The commissioner may issue to laboratories certificates of approval\\ncovering laboratory examinations, including but not limited to, specific\\nprocedures or specialities within such categories as wastewaters,\\npotable waters, sediments, solid wastes, and air, and may prescribe the\\nconditions under which such approvals will be granted. Notwithstanding\\nany other conditions which he may prescribe, such an approval shall not\\nbe issued hereafter to a laboratory, not heretofore approved, unless the\\ndirector or other person in charge of such examinations shall possess\\nsuch educational and technical qualifications as the commissioner shall\\nprescribe.\\n 4. No state agency, authority, county, city, including the city of New\\nYork, town, village, water district, sewer district or other political\\nsubdivision of the state shall contract with any laboratory for\\nlaboratory examinations for which the commissioner issues certificates\\nof approval pursuant to subdivision three of this section, unless such\\nlaboratory has been issued such certificate.\\n 5. Subject to the approval of the director of the budget, the\\ncommissioner shall charge adequate and reasonable fees for the periodic\\ninspection of out-of-state laboratories.\\n 6. Subject to the approval of the director of the budget, the\\ncommissioner shall charge laboratories fees to recover the cost to the\\ndepartment of operating this program. The commissioner may waive all or\\nany part of such fee charges for laboratories operated by the state.\\nFees shall include the following:\\n (a) a basic amount of five hundred dollars to be charged to each\\nlaboratory;\\n (b) the balance of the program cost from:\\n (1) an additional amount to be charged to each laboratory proportional\\nto total adjusted volume of analytes performed by the laboratory in the\\npreceding year as defined in regulations of the department, the total\\namount collected from which shall equal fifty percent of the balance of\\nthe program costs;\\n (2) an additional amount to be charged to each laboratory proportional\\nto the number of analytes for which such laboratory maintains its\\ncertification.\\n Subparagraph one of paragraph (b) of this subdivision shall not apply\\nto government laboratories.\\n 7. For those categories, procedures or specialities as specified in\\nsubdivision three for which the commissioner has issued certificates of\\napproval, the commissioner shall within thirty days of receipt of an\\napplication for a certificate from a laboratory existing on or before\\nApril first, nineteen hundred ninety-three, which is initially required\\nto obtain certification, review such application and issue an interim\\ncertificate of approval in the particular category, procedure or\\nspeciality to all laboratories which provide adequate documentation in\\ntheir application that they are capable of performing quality work in\\nthe category, procedure or speciality under review. An interim\\ncertificate of approval in specified categories will remain valid until\\nsuch time as the commissioner shall reach a determination on the\\napplication.\\n 8. The commissioner may adopt and amend rules and regulations to\\neffectuate the provisions and purposes of this title.\\n 9. A person who intentionally violates or refuses or omits to comply\\nwith subdivision two of this section, or any regulation adopted pursuant\\nthereto, is guilty of a misdemeanor, punishable upon conviction, by\\nimprisonment for not more than one year or by a fine of not more than\\none thousand dollars or by both such fine and imprisonment. A second or\\nsubsequent conviction shall be punishable by imprisonment for not more\\nthan one year or a fine of not more than two thousand five hundred\\ndollars or by both such fine and imprisonment.\\n 10. The department may require an environmental laboratory to report\\nlaboratory test results to the department, or to any other health\\ndepartment in an electronic manner prescribed by the department.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "503", "title" : "Laboratories; state hospitals; service to counties and municipalities", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "503", "activeDate" : "2014-09-22", "sequenceNo" : 293, "repealedDate" : null, "fromSection" : "503", "toSection" : "503", "text" : " § 503. Laboratories; state hospitals; service to counties and\\nmunicipalities. 1. The director of any hospital in the department, with\\nthe approval of the commissioner, may enter into a contract with proper\\nmunicipal or county officials under which the laboratory service of the\\nhospital may be made available to municipalities or counties or parts\\nthereof when in his judgment such a contract shall be in the interest of\\npublic health and not prejudicial to the interest or work of the\\ninstitution.\\n 2. The treasurer of the hospital, or the director thereof, if there is\\nno treasurer, shall receive all moneys paid in consideration of such\\ncontract and pay the same into the general fund of the state.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "504", "title" : "Laboratories; scientific tests on living animals; rules; approval", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "504", "activeDate" : "2014-09-22", "sequenceNo" : 294, "repealedDate" : null, "fromSection" : "504", "toSection" : "504", "text" : " § 504. Laboratories; scientific tests on living animals; rules;\\napproval. 1. The commissioner is authorized to designate approved\\nlaboratories or institutions wherein properly conducted scientific\\ntests, experiments or investigations, involving the use of living\\nanimals, may be performed or conducted.\\n 2. (a) The commissioner shall promulgate rules under which such\\napprovals shall be granted, and shall cause such rules to be published,\\nand copies thereof shall be conspicuously posted in each such laboratory\\nor institution.\\n (b) Such rules of the commissioner shall include requirements that all\\nanimals shall be kindly and humanely treated, properly fed and suitably\\nhoused, and that commensurate with experimental needs and with the\\nphysiologic function under study, all tests, experiments and\\ninvestigations involving pain shall be performed under adequate\\nanesthesia.\\n 3. The commissioner or his duly authorized representative shall\\ninspect such laboratories or institutions to insure compliance with the\\nrules and standards promulgated by him.\\n 4. (a) The approval of a laboratory or institution by the commissioner\\nfor the purposes herein set forth shall be limited to a period not\\nexceeding one year but may be renewed from year to year upon proper\\napplication to the commissioner.\\n (b) Each such approval may be revoked at any time for failure to\\ncomply with the rules promulgated by the commissioner.\\n 5. The performance of animal experimentation without approval by the\\ncommissioner as herein provided shall constitute a misdemeanor.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "505", "title" : "Animal irritancy tests prohibited", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "505", "activeDate" : "2014-09-22", "sequenceNo" : 295, "repealedDate" : null, "fromSection" : "505", "toSection" : "505", "text" : " § 505. Animal irritancy tests prohibited. 1. No manufacturer or\\ncontract testing facilities shall conduct traditional animal test\\nmethods within this state for which an appropriate alternative test\\nmethod has been scientifically validated and recommended by the\\nInter-Agency Coordinating Committee for the Validation of Alternative\\nMethods (ICCVAM) and adopted by the regulation by the relevant federal\\nagency or agencies or program within an agency responsible for\\nregulating the specific product or activity for which the test is being\\nconducted.\\n 2. Nothing in this section shall prohibit the conduct of any\\nalternative nonanimal test method for the testing of any product,\\nproduct formulation, chemical, or ingredient that is not recommended by\\nICCVAM.\\n 3. Nothing in this section shall prohibit the conduct of animal tests\\nto comply with the requirements of state agencies. Nothing in this\\nsection shall prohibit the conduct of animal tests to comply with the\\nrequirements of federal agencies whenever the federal agency staff\\nconcludes that the alternative nonanimal test does not assure the health\\nor safety of consumers.\\n 4. Notwithstanding any other provision of law, the exclusive remedy\\nfor enforcing this section shall be a civil action for injunctive relief\\nbrought by the attorney general. If the court determines that the\\nattorney general is the prevailing party in the enforcement action, such\\nprevailing party may also recover costs, attorneys fees and a civil\\npenalty not to exceed one thousand dollars in that action.\\n 5. This section shall not apply to any animal test conducted for the\\npurpose of medical research.\\n 6. For the purposes of this section, the following terms shall have\\nthe following meanings:\\n (a) \"Animal\" means a vertebrate nonhuman animal.\\n (b) \"Contract testing facility\" means any individual, partnership,\\ncorporation, association, or other legal relationship that tests\\nchemicals, ingredients, product formulations, or products in this state.\\n (c) \"ICCVAM\" means the Inter-Agency Coordinating Committee for the\\nValidation of Alternative Methods, a federal committee comprised of\\nrepresentatives from fourteen federal regulatory or research agencies,\\nincluding the Food and Drug Administration, Environmental Protection\\nAgency, and Consumer Products Safety Commission, that reviews the\\nvalidity of alternative test methods. The committee is the federal\\nmechanism for recommending appropriate, valid test methods to relevant\\nfederal agencies.\\n (d) \"Manufacturer\" means any individual, partnership, corporation,\\nassociation, or other legal relationship that produces chemicals,\\ningredients, product formulations, or products in this state.\\n (e) \"Medical research\" means research related to the causes,\\ndiagnosis, treatment, control or prevention of physical or mental\\ndiseases and impairments of humans and animals, or related to the\\ndevelopment of biomedical products, devices or drugs as defined in\\nSection 321(g)(1) of Title 21 of the United States Code. Medical\\nresearch does not include the testing of an ingredient that was formerly\\nused in a drug, tested for the drug use with traditional animal methods\\nto characterize the ingredient and to substantiate its safety for human\\nuse, and is now proposed for use in a product other than a biomedical\\nproduct, medical device or drug.\\n (f) \"Person\" means any individual, partnership, corporation,\\nassociation or other legal entity.\\n (g) \"Traditional animal test method\" means a process or procedure\\nusing animals to obtain information on the characteristics of a chemical\\nor agent. Toxicological test methods generate information regarding the\\nability of a chemical or agent to product a specific biological effect\\nunder specified conditions.\\n (h) \"Validated alternative test method\" means a test method that does\\nnot use animals, or in some cases reduces or refines the current use of\\nanimals for which the reliability and relevance for a specific purpose\\nhas been established in validation studies as specified in the ICCVAM\\nreport provided to the relevant federal agencies.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "505-A", "title" : "Purchase of certain animals for scientific tests", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "505-A", "activeDate" : "2014-09-22", "sequenceNo" : 296, "repealedDate" : null, "fromSection" : "505-A", "toSection" : "505-A", "text" : " § 505-a. Purchase of certain animals for scientific tests. It shall be\\nunlawful for any laboratory or institution approved under this article,\\nto purchase any dog or cat for experimental purposes unless the seller\\nthereof shall provide proof of ownership of the animal of a sufficiency\\nprescribed by the commissioner. Every such laboratory or institution\\nshall keep a record of each such purchase with the name and address of\\nthe seller and a copy of the proof of ownership given at the time of the\\ntransaction.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "506", "title" : "Unlawful interference with research laboratory operations", "docType" : "SECTION", "publishedDates" : [ "2014-11-28" ], "docLevelId" : "506", "activeDate" : "2014-11-28", "sequenceNo" : 297, "repealedDate" : null, "fromSection" : "506", "toSection" : "506", "text" : " § 506. Unlawful interference with research laboratory operations. An\\nagency as defined in subdivision three of section eighty-six of the\\npublic officers law may deny access to records or portions thereof\\nconcerning biomedical research or biomedical teaching conducted at an\\ninstitution of higher education authorized by the state education\\ndepartment or at an institution within the state that receives state or\\nfederal funding to conduct such biomedical research or such biomedical\\nteaching that, if disclosed, could endanger the life or safety of any\\nperson or would be reasonably likely to endanger the security of such\\nbiomedical research laboratory.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 8 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A5T2", "title" : "County Laboratories", "docType" : "TITLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2", "activeDate" : "2014-09-22", "sequenceNo" : 298, "repealedDate" : null, "fromSection" : "520", "toSection" : "528", "text" : " TITLE II\\n COUNTY LABORATORIES\\nSection 520. County laboratories; establishment; charges.\\n 521. County laboratories; establishment by referendum.\\n 522. County laboratories; boards of supervisors; powers and\\n duties.\\n 523. County laboratories; boards of managers; appointment; term.\\n 524. County laboratories; boards of managers; officers;\\n meetings; compensation and expenses.\\n 525. County laboratories; boards of managers; powers and duties.\\n 526. County laboratories; annual reports.\\n 527. County laboratories; director; powers and duties.\\n 528. County laboratories; bills and accounts; payment.\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "520", "title" : "County laboratories; establishment; charges", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "520", "activeDate" : "2014-09-22", "sequenceNo" : 299, "repealedDate" : null, "fromSection" : "520", "toSection" : "520", "text" : " § 520. County laboratories; establishment; charges. 1. The board of\\nsupervisors of any county may establish therein a laboratory or\\nlaboratories which shall serve the whole or part of the county.\\n 2. In the resolution of the board of supervisors establishing such\\nlaboratory it shall define the area which it is intended to serve, which\\narea from time to time may by resolution be altered; provided, however,\\nthat in defining such area the territory included in a town shall not be\\ndivided and provided further, that no city or any part thereof shall be\\nincluded in the area so defined unless the mayor and the common council,\\nor the officials exercising similar powers, shall have consented\\nthereto.\\n 3. The services of such laboratories shall be rendered at an adequate\\nand reasonable charge, except that, with the approval of the\\ncommissioner, one or more services may be rendered without any charge.\\n 4. The board of supervisors may, in lieu of the establishment of a\\nlaboratory and with the approval of the commissioner, provide for\\nlaboratory service by contracting with an established laboratory which\\nis conveniently located.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "521", "title" : "County laboratories; establishment by referendum", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "521", "activeDate" : "2014-09-22", "sequenceNo" : 300, "repealedDate" : null, "fromSection" : "521", "toSection" : "521", "text" : " § 521. County laboratories; establishment by referendum. 1. Upon the\\npetition signed by two hundred or more taxpayers of the county or\\ndistrict to be served by such a laboratory, the governing body of that\\ncounty or district at the next date for filling an elective office shall\\nhold a referendum upon the question of establishing a laboratory the\\nconstruction of which is to be financed by taxes levied for the fiscal\\nyear in which the expenditures therefor are to be made. If a majority\\nof the votes cast are in favor of establishing such a laboratory it\\nshall be mandatory upon the governing body of that county or district to\\ntake the steps necessary for the establishment and maintenance of such a\\nlaboratory as provided for by this chapter.\\n 2. Nothing contained in sections five hundred to five hundred\\ntwenty-one, inclusive, of this chapter shall be construed to prevent the\\nfinancing of any expenditure, in whole or in part, pursuant to the local\\nfinance law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "522", "title" : "County laboratories; boards of supervisors; powers and duties", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "522", "activeDate" : "2014-09-22", "sequenceNo" : 301, "repealedDate" : null, "fromSection" : "522", "toSection" : "522", "text" : " § 522. County laboratories; boards of supervisors; powers and duties.\\n1. The board of supervisors, when it shall have determined to establish\\na county laboratory, shall have the power:\\n (a) to acquire by purchase, exchange or otherwise, necessary real\\nproperty, building or rooms or to erect necessary buildings;\\n (b) to cause to be assessed, levied and collected in the same manner\\nas other charges against the county, such sums of money as it shall deem\\nnecessary for laboratory purposes; provided, however, that where a\\nlaboratory is intended to serve less than a whole county the\\nexpenditures made in connection therewith shall be assessed only against\\nthe area served by the laboratory; and\\n (c) to accept and hold in trust for the county any grant or devise of\\nland or any gift or bequest of money or other personal property or any\\ndonation to be applied, principal or income, or both, for the benefit of\\nsaid laboratory.\\n 2. Nothing in this article shall be construed to repeal or amend any\\nprovision of law not inconsistent herewith relating to laboratories in\\ncounties or to abrogate any powers of boards of supervisors relating\\nthereto.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "523", "title" : "County laboratories; boards of managers; appointment; term", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "523", "activeDate" : "2014-09-22", "sequenceNo" : 302, "repealedDate" : null, "fromSection" : "523", "toSection" : "523", "text" : " § 523. County laboratories; boards of managers; appointment; term. 1.\\nThe board of supervisors of a county establishing a laboratory pursuant\\nto this article shall appoint a board of managers for the laboratory\\nwhich shall consist of at least five members, two of whom shall be\\nphysicians duly licensed to practice in the state of New York.\\n 2. The county medical society may present to the board of supervisors\\na list of physicians residing in the county from which the board may\\nchoose the medical members of the board of managers.\\n 3. In counties having a county board of health and a county health\\ncommissioner, the president of the county board of health and the county\\nhealth commissioner shall be members of the board of managers\\nex-officio.\\n 4. The members of the board of managers, with the exception of the\\nmembers ex-officio, shall first be appointed, so that the term of one\\nmember shall expire within one year from the first day of January of the\\nyear in which he shall have been appointed, the term of another member\\nshall expire within two years of the first day of January of the year in\\nwhich he shall have been appointed, the term of another member shall\\nexpire within three years of the first day of January of the year in\\nwhich he shall have been appointed, the term of another member shall\\nexpire within four years of the first day of January of the year in\\nwhich he shall have been appointed, and the term of another member shall\\nexpire within five years of the first day of January of the year in\\nwhich he shall have been appointed. Thereafter the terms of membership\\nshall be made for five years from the first day of January of the year\\nin which the appointment is made.\\n 5. In any county in which a county health district has been or is\\nhereafter established, the boundaries of which are coterminous with the\\ncounty, the board of supervisors shall have power to abolish the board\\nof managers of the county laboratory, and confer all the powers and\\nduties of such board of managers upon the county board of health.\\n 6. The members of boards of managers in existence at the time when\\nthis chapter takes effect shall continue in office until their\\nrespective terms have expired and their respective successors are\\nappointed and have qualified.\\n 7. (a) The county laboratory board of managers in any county wherein\\nan alternative form of government shall have established a county health\\ndistrict coterminous with the county is hereby abolished and the\\nlaboratory transferred and reestablished as a division of the county\\nhealth department.\\n (b) The county may thereafter apply for state aid for such laboratory\\nand shall be entitled to such state aid as would be provided under this\\nsection if the amount expended for maintenance and operation of such\\nlaboratory were expended for maintenance and operation of a laboratory\\nestablished in accordance with other provisions of this chapter.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "524", "title" : "County laboratories; boards of managers; officers; meetings; compensation and expenses", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "524", "activeDate" : "2014-09-22", "sequenceNo" : 303, "repealedDate" : null, "fromSection" : "524", "toSection" : "524", "text" : " § 524. County laboratories; boards of managers; officers; meetings;\\ncompensation and expenses. 1. Except in counties wherein the laboratory\\nfunctions as a division of the county health department or wherein the\\nboard of managers has been abolished, the board of managers of each\\nlaboratory shall elect a chairman, vice chairman and a secretary.\\n 2. The board of managers of each laboratory shall hold a meeting at\\nleast four times in each year, and at such other times as it may deem\\nnecessary.\\n 3. Each member of the board of managers attending meetings of such\\nboard shall receive his actual and necessary expenses incident thereto,\\nto be audited and paid in the same manner as other expenses of the\\nlaboratory.\\n 4. Nothing contained in this section shall be construed to effect any\\nchange in the administration and organization of a county board of\\nhealth which shall be vested with the powers and duties of a board of\\nmanagers pursuant to subdivision five of section five hundred\\ntwenty-three of this chapter.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "525", "title" : "County laboratories; boards of managers; powers and duties", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "525", "activeDate" : "2014-09-22", "sequenceNo" : 304, "repealedDate" : null, "fromSection" : "525", "toSection" : "525", "text" : " § 525. County laboratories; boards of managers; powers and duties. The\\nboard of managers of each laboratory, or the county board of health in\\nany county wherein an alternative form of government shall have\\nestablished a county health district coterminous with the county,\\nsubject to the provisions of the county government law of such county,\\nor a county board of health which has been vested with the powers and\\nduties of a board of managers pursuant to subdivision five of section\\nfive hundred twenty-three of this chapter, shall have the following\\npowers and duties:\\n (a) to appoint a director or other person in charge of the laboratory\\nwho shall have such qualifications as may be prescribed by the public\\nhealth council;\\n (b) to exercise general management and control of the laboratory, of\\nthe grounds, buildings, rooms, employees and of all other matters\\nrelating to the government, discipline, contracts and fiscal concerns\\nthereof;\\n (c) to make such rules and regulations as may be necessary in relation\\nto the administration of the laboratory and the fees to be charged for\\nlaboratory service, not inconsistent with the provisions of this\\nchapter;\\n (d) notwithstanding any other general or special law, to cause to be\\nerected all additional buildings found necessary after the laboratory\\nhas been placed in operation and to cause to be made all necessary\\nimprovements and repairs within the limits of the appropriations made\\ntherefor; and,\\n (e) to establish branch laboratories if the area to be served by the\\nlaboratory is so large, if its topography is such as to make access to\\nthe laboratory difficult, or if for any other reason such action seems\\nreasonable or desirable.\\n (f) to enter into an agreement annually with the governing board of\\nany charitable corporation or municipality operating and maintaining a\\nhospital to provide that the hospital collect fees for laboratory\\nservices for the patients in such hospital in the same manner that\\nhospital charges are collected, and forward them to the laboratory, and\\nto provide that the cost of collecting such fees to be paid by the\\ncounty to the hospital in an amount mutually acceptable and in lieu of\\nactual and necessary expenses. No agreement shall become effective\\nunless and until approved by the commissioner and by resolution of the\\nboard of supervisors.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "526", "title" : "County laboratories; annual reports", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "526", "activeDate" : "2014-09-22", "sequenceNo" : 305, "repealedDate" : null, "fromSection" : "526", "toSection" : "526", "text" : " § 526. County laboratories; annual reports. 1. Except in counties\\nwherein the laboratory has been transferred and established as a\\ndivision of the county health department, the board of managers of each\\nlaboratory, or the county board of health which has been vested with the\\npowers and duties of a board of managers pursuant to subdivision five of\\nsection five hundred twenty-three of this chapter, shall make to the\\nboard of supervisors annually at such time as said supervisors shall\\ndirect a detailed report of the operation of the laboratory during the\\ncalendar year, including among other things, the number and kind of\\nspecimens examined and the results of such examinations, together with\\nsuitable recommendations and such other matters as may be required of\\nthem.\\n 2. In counties wherein the laboratory has been transferred and\\nestablished as a division of the county health department pursuant to\\nlaw the county board of health shall make to the county executive\\nannually such report at such time as said county executive shall direct\\na detailed report of the operation of the laboratory during the calendar\\nyear, including among other things, the number and kind of specimens\\nexamined and the results of such examinations.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "527", "title" : "County laboratories; director; powers and duties", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "527", "activeDate" : "2014-09-22", "sequenceNo" : 306, "repealedDate" : null, "fromSection" : "527", "toSection" : "527", "text" : " § 527. County laboratories; director; powers and duties. 1. Except as\\nprovided in subdivision two of this section, the director or other\\nperson in charge of each county laboratory, subject to the approval of\\nthe board of managers, shall:\\n (a) equip the laboratory with all necessary furniture, appliances,\\nfixtures and other needed facilities for the conduct of laboratory work\\nand purchase all necessary supplies within the appropriations made\\ntherefor;\\n (b) have general supervision and control of the internal affairs and\\nwork of the laboratory;\\n (c) make and enforce such rules, regulations and orders as he may deem\\nnecessary, not inconsistent with law or with the rules and regulations\\nof the board of managers, or of the county board of health, whichever is\\nthe governing authority;\\n (d) unless otherwise provided by law appoint employees of the\\nlaboratory within the limits of his appropriations, and remove them;\\n (e) cause to be kept proper accounts and records of the business and\\noperation of the laboratory, including such records relating to\\nspecimens examined and render such reports as may be required by law or\\nby the regulations of the commissioner.\\n 2. The director or other person in charge of each county laboratory in\\nany county wherein an alternative form of government shall have\\nestablished a county health district coterminous with the county and in\\nwhich the laboratory has been transferred and reestablished as a\\ndivision of the county health department, subject to the approval of the\\ncounty board of health and the provisions of the county government law\\nof such county, shall:\\n (a) have general supervision and control of the internal affairs and\\nwork of the laboratory;\\n (b) make and enforce such rules, regulations and orders as he may deem\\nnecessary, not inconsistent with law or with the rules and regulations\\nof the board of health;\\n (c) recommend to the board of health appointment of employees for the\\nlaboratory and the acquisition of equipment, furniture, appliances,\\nfixtures and other needed facilities for the conduct of the work of the\\nlaboratory;\\n (d) cause to be kept proper accounts and records of the business and\\noperation of the laboratory, including such records relating to\\nspecimens examined and render such reports as may be required by law or\\nby the regulations of the commissioner.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "528", "title" : "County laboratories; bills and accounts; payment", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "528", "activeDate" : "2014-09-22", "sequenceNo" : 307, "repealedDate" : null, "fromSection" : "528", "toSection" : "528", "text" : " § 528. County laboratories; bills and accounts; payment. 1. Unless\\notherwise provided by law, the director or other person in charge of\\neach laboratory shall certify all bills and accounts including salaries\\nand wages, and transmit them to the board of supervisors of the county\\nwhich shall provide for their payment in the same manner as other\\ncharges against the county.\\n 2. The board of supervisors of a county not having a purchasing agent\\nmay make an appropriation for the maintenance of such laboratory and\\ndirect the county treasurer to pay all bills, accounts, salaries and\\nwages which are approved by the director of the laboratory within the\\namount of such appropriation, subject to such regulations as to the\\npayment and audit thereof as the board of supervisors may deem proper.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 9 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A5T3", "title" : "City Laboratories", "docType" : "TITLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3", "activeDate" : "2014-09-22", "sequenceNo" : 308, "repealedDate" : null, "fromSection" : "540", "toSection" : "545", "text" : " TITLE III\\n CITY LABORATORIES\\nSection 540. City laboratories; continuation and establishment.\\n 541. City laboratories; operation and control.\\n 542. City laboratories; boards of managers; appointment.\\n 543. City laboratories; board of managers; power to enter into\\n agreements with hospitals.\\n 545. City of New York; exceptions.\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "540", "title" : "City laboratories; continuation and establishment", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "540", "activeDate" : "2014-09-22", "sequenceNo" : 309, "repealedDate" : null, "fromSection" : "540", "toSection" : "540", "text" : " § 540. City laboratories; continuation and establishment. 1. (a)\\nNothing contained in sections five hundred twenty-five to five hundred\\ntwenty-eight, inclusive, of this chapter, shall be construed to repeal\\nor amend any provision of law under which any health function or\\nactivity may be carried on in any city, or to transfer or affect any\\nauthority in relation to health activities now being exercised in any\\ncity by any public board or officer.\\n (b) Any public board or officer of a city now exercising health\\nfunctions may, with the approval of the mayor, contract with the board\\nof managers or other governing authority of any laboratory for the\\npurpose of cooperation and to join and share facilities.\\n 2. If it is the intention of the common council or similar authority\\nof a city to apply for state aid for a proposed laboratory, under the\\nprovisions of section six hundred twenty to six hundred twenty-three,\\ninclusive, of this chapter, the common council or similar authority with\\nthe approval of the board of estimate, if such exists, shall have the\\npower to establish a laboratory in such city.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "541", "title" : "City laboratories; operation and control", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "541", "activeDate" : "2014-09-22", "sequenceNo" : 310, "repealedDate" : null, "fromSection" : "541", "toSection" : "541", "text" : " § 541. City laboratories; operation and control. 1. Upon the\\nestablishment or continuation of a laboratory by a city as provided in\\nsection five hundred forty of this chapter, all the powers and duties of\\nthe board of supervisors of a county in relation to laboratories\\nprovided in sections five hundred twenty and five hundred twenty-two of\\nthis chapter, shall devolve upon the common council or other authority\\nexercising similar powers of such city.\\n 2. The salaries of the director and other employees of the laboratory,\\nand contracts to be made for, by or on behalf of the laboratory and\\nappropriations for the acquisition of sites and buildings and for\\nmaintenance, shall all be under the control of the same officials as now\\nhave control of similar items and shall be governed by the same\\nprovisions of law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "542", "title" : "City laboratories; boards of managers; appointment", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "542", "activeDate" : "2014-09-22", "sequenceNo" : 311, "repealedDate" : null, "fromSection" : "542", "toSection" : "542", "text" : " § 542. City laboratories; boards of managers; appointment. 1. (a) The\\nmayor of any city establishing a laboratory in accordance with the\\nprovisions of this article shall appoint the board of managers of such\\nlaboratory which board shall consist of at least five members, two of\\nthem shall be physicians duly licensed to practice in the state of New\\nYork. The county medical society may present to the mayor a list of\\nnames of physicians residing in the city from which he may choose the\\nmedical members of the board of managers.\\n (d) The president of the local board of health, if such office exists,\\nand the local commissioner of health or health officer shall be\\nex-officio members of the board of managers of the laboratory.\\n 2. In cities when more than one laboratory is established, only one\\nboard of managers shall be appointed, which shall have jurisdiction over\\nall the laboratories established or operating under sections five\\nhundred forty to five hundred forty-three inclusive, of this chapter, in\\nsaid city.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "543", "title" : "City laboratories; board of managers; power to enter into agreements with hospitals", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "543", "activeDate" : "2014-09-22", "sequenceNo" : 312, "repealedDate" : null, "fromSection" : "543", "toSection" : "543", "text" : " § 543. City laboratories; board of managers; power to enter into\\nagreements with hospitals. The board of managers of a city laboratory\\nshall have the power to enter into an agreement annually with the\\ngoverning board of any charitable corporation or municipality operating\\nand maintaining a hospital to provide that the hospital collect fees for\\nlaboratory services for the patients in such hospital in the same manner\\nthat hospital charges are collected, and forward them to the laboratory,\\nand to provide that the cost of collecting such fees be paid by the city\\nto the hospital in an amount mutually acceptable and in lieu of actual\\nand necessary expenses. No agreement shall become effective unless and\\nuntil approved by the commissioner and by resolution of the common\\ncouncil or other body exercising similar powers.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "545", "title" : "City of New York; exceptions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "545", "activeDate" : "2014-09-22", "sequenceNo" : 313, "repealedDate" : null, "fromSection" : "545", "toSection" : "545", "text" : " § 545. City of New York; exceptions. Unless otherwise expressly\\nprovided, the provisions of sections five hundred forty to five hundred\\nforty-four of this chapter, inclusive, shall not apply to the city of\\nNew York.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 5 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A5T4", "title" : "Laboratory Supply Stations", "docType" : "TITLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4", "activeDate" : "2014-09-22", "sequenceNo" : 314, "repealedDate" : null, "fromSection" : "560", "toSection" : "563", "text" : " TITLE IV\\n LABORATORY SUPPLY STATIONS\\nSection 560. Laboratory supply stations; districts; establishment.\\n 561. Laboratory supply stations; custodian; appointment.\\n 562. Laboratory supply stations; expenses.\\n 563. Laboratory supply stations; control; inspection;\\n discontinuance.\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "560", "title" : "Laboratory supply stations; districts; establishment", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "560", "activeDate" : "2014-09-22", "sequenceNo" : 315, "repealedDate" : null, "fromSection" : "560", "toSection" : "560", "text" : " § 560. Laboratory supply stations; districts; establishment. 1. The\\ncommissioner or his authorized representative may establish district\\nlaboratory supply stations, for the distribution of laboratory supplies\\nfurnished by the department.\\n 2. The commissioner may designate districts to be served by such\\ndistrict laboratory supply stations, each such district to include one\\nor more municipalities provided, however, that no such district shall\\ninclude the whole or part of more than one county.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "561", "title" : "Laboratory supply stations; custodian; appointment", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "561", "activeDate" : "2014-09-22", "sequenceNo" : 316, "repealedDate" : null, "fromSection" : "561", "toSection" : "561", "text" : " § 561. Laboratory supply stations; custodian; appointment. The\\ncommissioner may appoint the health officer of any municipality or\\ncounty, the director or person in charge of any public health\\nlaboratory, or other competent person, to serve as the custodian of the\\ndistrict laboratory supply station.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "562", "title" : "Laboratory supply stations; expenses", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "562", "activeDate" : "2014-09-22", "sequenceNo" : 317, "repealedDate" : null, "fromSection" : "562", "toSection" : "562", "text" : " § 562. Laboratory supply stations; expenses. The actual and necessary\\nexpenses of operation and maintenance of the district laboratory supply\\nstation and sub-stations shall be paid in the manner prescribed for the\\npayment of other bills of the municipality or county. All such sums\\nshall be a charge upon the municipality, when a single municipality is\\nincluded in a district, and, upon the county when more than one\\nmunicipality is included, to be paid from amounts appropriated by the\\nmunicipality or county for laboratory services or general public health\\npurposes.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "563", "title" : "Laboratory supply stations; control; inspection; discontinuance", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "563", "activeDate" : "2014-09-22", "sequenceNo" : 318, "repealedDate" : null, "fromSection" : "563", "toSection" : "563", "text" : " § 563. Laboratory supply stations; control; inspection;\\ndiscontinuance. 1. Each district laboratory supply station and the\\nsub-stations thereof shall be maintained and operated in accordance with\\nthe rules and regulations of the department and shall be subject at all\\ntimes to inspection by authorized representatives of the commissioner.\\n 2. The commissioner may at any time discontinue any district\\nlaboratory supply station or sub-station or rescind any appointment\\npreviously made under this chapter.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 4 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A5T5", "title" : "Clinical Laboratory and Blood Banking Services", "docType" : "TITLE", "publishedDates" : [ "2014-09-22", "2021-12-24" ], "docLevelId" : "5", "activeDate" : "2014-09-22", "sequenceNo" : 319, "repealedDate" : null, "fromSection" : "570", "toSection" : "581", "text" : " TITLE V\\n CLINICAL LABORATORY AND BLOOD BANKING SERVICES\\nSection 570. Declaration of policy and statement of purpose.\\n 571. Definitions.\\n 572. Certificates of qualification.\\n 573. Issuance of certificates of qualification.\\n 574. Permits.\\n 575. Issuance of permits.\\n 576. Duties and powers of the department.\\n 576-a. Clinical laboratories and cytotechnologists examining Pap\\n smears.\\n 576-b. Performance of certain clinical laboratory services upon\\n request.\\n 576-c. Electronic reporting of disease and specimen submission.\\n 577. Enforcement.\\n 578. Penalties.\\n 579. Scope and exceptions.\\n 580. Construction.\\n 581. Separability.\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "570", "title" : "Declaration of policy and statement of purpose", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "570", "activeDate" : "2014-09-22", "sequenceNo" : 320, "repealedDate" : null, "fromSection" : "570", "toSection" : "570", "text" : " § 570. Declaration of policy and statement of purpose. The proper\\nperformance of clinical laboratory and blood banking services is a\\nmatter of vital concern, affecting the public health, safety and\\nwelfare. Clinical laboratories and blood banks provide essential public\\nhealth services in aiding the health care provider by furnishing\\ninformation invaluable to the diagnosis and treatment of disease. The\\nimproper performance of a laboratory procedure may induce an erroneous\\ndiagnosis or contribute to the selection of an inappropriate method of\\ntreatment, resulting in prolonged or unnecessary hospitalization, injury\\nor even death. The protection of the people of this state requires\\naffirmative action to insure that the performance of clinical laboratory\\nand blood banking services meet high standards of public health care.\\n It is the purpose of this title to promote the public health, safety\\nand welfare by requiring the licensure of clinical laboratories and\\nblood banks, by establishing minimum qualifications for directors, and\\nby requiring that the performance of all procedures employed by clinical\\nlaboratories and blood banks meet minimum standards accepted and\\napproved by the department.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "571", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2021-12-24", "2022-03-04", "2022-04-22", "2022-06-24", "2024-03-29", "2026-05-29" ], "docLevelId" : "571", "activeDate" : "2014-09-22", "sequenceNo" : 321, "repealedDate" : null, "fromSection" : "571", "toSection" : "571", "text" : " § 571. Definitions. As used in this title:\\n 1. \"Clinical laboratory\" means a facility for the microbiological,\\nimmunological, chemical, hematological, biophysical, cytological,\\npathological, genetic, or other examination of materials derived from\\nthe human body, for the purpose of obtaining information for the\\ndiagnosis, prevention, or treatment of disease or the assessment of a\\nhealth condition or for identification purposes. Such examinations shall\\ninclude procedures to determine, measure or otherwise describe the\\npresence or absence of various substances, components or organisms in\\nthe human body. The term clinical laboratory shall not include any\\nfacility or activity specifically excluded by section five hundred\\nseventy-nine of this title.\\n 2. \"Blood bank\" means a facility for the collection, processing,\\nstorage and/or distribution of human blood, blood components or blood\\nderivatives.\\n 3. \"Reference system\" means a system of assessment of methods,\\nprocedures and materials of clinical laboratories and blood banks,\\nincluding, but not limited to, ongoing validation which may include\\ndirect testing and experimentation by the department of such methods,\\nprocedures and materials, the distribution of standards and guidelines,\\ninspection of facilities, periodic submission of test specimens for\\nexamination, and research conducted by the department that involves the\\nstudy of new or existing methods, procedures and materials related to\\nthe quality of clinical laboratory medicine.\\n 4. \"Director\" means the person who is responsible for administration\\nof the technical and scientific operation of a clinical laboratory or\\nblood bank, including supervision of procedures and reporting of\\nfindings of tests.\\n 5. \"Waived test\" means a clinical laboratory test that has been\\ndesignated as a waived test or is otherwise subject to certificate of\\nwaiver requirements pursuant to the federal clinical laboratory\\nimprovement act of nineteen hundred eighty-eight, as amended.\\n 6. \"Qualified health care professional\" means a physician, dentist,\\npodiatrist, optometrist performing a clinical laboratory test that does\\nnot use an invasive modality as defined in section seventy-one hundred\\none of the education law, physician assistant, specialist assistant,\\nnurse practitioner, or midwife, who is licensed and registered with the\\nstate education department.\\n 7. \"Provider-performed microscopy procedure\" means a procedure\\nperformed by a qualified health care professional acting within the\\nscope of his or her licensed profession, which has been designated as a\\nprovider-performed microscopy procedure pursuant to the federal clinical\\nlaboratory improvement act of nineteen hundred eighty-eight, as amended.\\n 8. \"Laboratory test registrant\" means a person, partnership,\\ncorporation, or other entity holding a valid certificate of registration\\nto perform one or more waived tests or provider-performed microscopy\\nprocedures pursuant to section five hundred seventy-nine of this title.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "572", "title" : "Certificates of qualification", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2024-12-20" ], "docLevelId" : "572", "activeDate" : "2014-09-22", "sequenceNo" : 322, "repealedDate" : null, "fromSection" : "572", "toSection" : "572", "text" : " § 572. Certificates of qualification. No person shall act as a\\ndirector in a clinical laboratory located in or accepting specimens from\\nNew York state or in a blood bank located in or collecting, processing,\\nstoring or distributing blood products in New York state unless a valid\\ncertificate of qualification has been issued as provided in section five\\nhundred seventy-three of this title. A certificate shall be issued\\nauthorizing the holder to perform or direct one or more procedures or\\none or more categories of such procedures.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "573", "title" : "Issuance of certificates of qualification", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2024-12-20", "2025-02-21" ], "docLevelId" : "573", "activeDate" : "2014-09-22", "sequenceNo" : 323, "repealedDate" : null, "fromSection" : "573", "toSection" : "573", "text" : " § 573. Issuance of certificates of qualification. 1. The public health\\ncouncil shall prescribe minimum qualifications for directors in areas of\\ntesting, including, but not limited to, microbiology, immunology,\\nchemistry, hematology, biophysics, cytology, pathology, genetics and\\nblood banking.\\n 2. The department shall issue a certificate of qualification to any\\nperson who meets such minimum qualifications and who otherwise\\ndemonstrates to the department that such person possesses the character,\\ncompetence, training and ability to administer properly the technical\\nand scientific operation of a clinical laboratory or blood bank,\\nincluding supervision of procedures and reporting of findings of tests.\\n 3. Application for a certificate of qualification shall be made on\\nforms provided by the department and shall contain the procedures or\\ncategories of procedures for which the certificate is sought and such\\nother information as the department may require.\\n 4. The certificate shall be valid for a period of two years from the\\ndate of issuance and may be renewed for successive two year periods\\nthereafter. The original application and each renewal application shall\\nbe accompanied by a registration fee of forty dollars.\\n 5. Notwithstanding the provisions of this section, the commissioner\\nmay issue a temporary certificate of qualification to any person pending\\nthe issuance of a certificate as provided in this section. A temporary\\ncertificate shall be valid for a period of thirty days from the date of\\nits issuance and may be renewed for a maximum of four successive periods\\nof thirty days.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "574", "title" : "Permits", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "574", "activeDate" : "2014-09-22", "sequenceNo" : 324, "repealedDate" : null, "fromSection" : "574", "toSection" : "574", "text" : " § 574. Permits. No person shall own or operate a clinical laboratory\\nlocated in or accepting specimens from New York state or own or operate\\na blood bank which collects, processes, stores and/or distributes, human\\nblood, blood derivatives or blood components, in New York state unless a\\nvalid permit has been issued as provided in section five hundred\\nseventy-five of this title. A permit shall be issued authorizing the\\nperformance of one or more procedures or services within one or more\\ncategories. A separate permit shall be required for each facility at\\nwhich clinical laboratory tests are to be performed or at which a blood\\nbank is to be operated, provided, however that the department may adopt\\nregulations not inconsistent with the federal clinical laboratory\\nimprovement act of nineteen hundred eighty-eight authorizing an owner to\\noperate more than one facility under a single permit.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "575", "title" : "Issuance of permits", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2024-12-20" ], "docLevelId" : "575", "activeDate" : "2014-09-22", "sequenceNo" : 325, "repealedDate" : null, "fromSection" : "575", "toSection" : "575", "text" : " § 575. Issuance of permits. 1. Application for a permit shall be made\\nby the owner and the director of the clinical laboratory or blood bank\\nin a manner and format prescribed by the department. The application\\nshall contain the name of the owner, the name of the director, the\\nprocedures or categories of procedures or services for which the permit\\nis sought, the location or locations and physical description of the\\nfacility or location or locations at which tests are to be performed or\\nat which a blood bank is to be operated, and such other information as\\nthe department may require.\\n 2. A permit or permit category shall not be issued unless a valid\\ncertificate of qualification in the category of procedures for which the\\npermit is sought has been issued to the director pursuant to the\\nprovisions of section five hundred seventy-three of this title, unless\\nall fees and outstanding penalties, if any, have been paid, and the\\ndepartment finds that the clinical laboratory or blood bank is\\ncompetently staffed and properly equipped, and will be operated in the\\nmanner required by this title.\\n 3. The permit shall be issued jointly to the owner and the director\\nand they jointly and severally shall be responsible to the department\\nfor the maintenance and operation of the clinical laboratory or blood\\nbank and for any violations of this title and the rules and regulations\\npromulgated thereunder.\\n 4. A permit shall be valid for the year for which it is issued. The\\ninitial application for a permit shall be accompanied by a registration\\nfee of one hundred dollars.\\n 5. The permit shall specify the names of the owners and the director,\\nthe procedures or categories of procedures or services authorized, and\\nthe locations at which such procedures or services may be performed. The\\npermit and the certificate of qualification shall be displayed at all\\ntimes in a prominent place in the laboratory.\\n 6. A permit shall become void by a change in the director, owner, or\\nlocation. A category on a permit shall become void by a change in the\\ndirector for that category. The department may, pursuant to regulations\\nadopted under this title, extend the date on which a permit or category\\non a permit shall become void for a period not to exceed sixty days from\\nthe date of a change of the director, owner or location. An application\\nfor a new permit must be made in the manner provided by this section.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "576", "title" : "Duties and powers of the department", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "576", "activeDate" : "2014-09-22", "sequenceNo" : 326, "repealedDate" : null, "fromSection" : "576", "toSection" : "576", "text" : " § 576. Duties and powers of the department. 1. The department may\\ninquire into the operation of clinical laboratories and blood banks and\\nmay conduct periodic inspections and/or evaluations of facilities,\\nmethods, procedures, materials, staff and equipment to assess compliance\\nwith requirements set forth in this title, the regulations promulgated\\nhereunder and local laws, codes or regulations as specified in\\nsubdivision three of section five hundred eighty of this title.\\n 2. The department may require clinical laboratories and blood banks to\\nsubmit, in a form prescribed by the department, periodic reports of\\ntests performed and such other information as the department may require\\nto carry out the provisions of this title. The department may adopt\\nregulations to require clinical laboratories and blood banks to report\\nall serious adverse incidents which may be connected to the clinical\\nlaboratory or blood bank services provided. Such incident reports shall\\nbe deemed confidential in the same manner as such reports submitted\\npursuant to section twenty-eight hundred five-m of this chapter. The\\ndepartment may also require clinical laboratories and blood banks to\\nsubmit lists of personnel who are employed to perform laboratory\\nprocedures and to notify the department promptly of any changes in such\\npersonnel.\\n 3. The department shall operate a reference system and shall prescribe\\nstandards for the proper operation of clinical laboratories and blood\\nbanks and for the examination of specimens. As part of such reference\\nsystem, the department may review and approve testing methods developed\\nor modified by clinical laboratories and blood banks prior to the\\ntesting methods being offered in this state, and may require clinical\\nlaboratories and blood banks to analyze test samples submitted by the\\ndepartment and to report on the results of such analyses. The rules and\\nregulations of the department shall prescribe the requirements for the\\nproper operation of a clinical laboratory or blood bank, for the\\napproval of methods and the manner in which proficiency testing or\\nanalyses of samples shall be performed and reports submitted. Failure to\\nmeet department standards for the proper operation of a clinical\\nlaboratory or blood bank, including the criteria for approval of\\nmethods, or failure to maintain satisfactory performance in proficiency\\ntesting shall result in termination of the permit in the category or\\ncategories of testing established by the department in regulation until\\nremediation is achieved. Such standards shall be at least as stringent\\nas federal standards promulgated under the federal clinical laboratory\\nimprovement amendments of nineteen hundred eighty-eight. Such failure\\nand termination shall be subject to review in accordance with\\nregulations adopted by the department.\\n 4. (a) The department may adopt and amend rules and regulations to\\neffectuate the provisions and purposes of this title. Such rules and\\nregulations shall establish fees for clinical laboratories and blood\\nbanks in amounts not exceeding the cost of the reference system for\\nclinical laboratories and blood banks and shall be subject to the\\napproval of the director of the budget. For the purposes of this\\nsubdivision, standard federally established governmental cost allocation\\npractices shall be used by the commissioner to determine the cost of the\\nreference system. The department shall make available, on the\\ndepartment's website, information on the costs included in determining\\nthe permitted laboratories' fees. The department shall not deem as costs\\nof the reference system, costs associated with federal grants and\\npatents which are not related to the reference system. The fee paid by\\nthe department to maintain an exemption for clinical laboratories and\\nblood banks from the requirements of the federal clinical laboratory\\nimprovement amendments of nineteen hundred eighty-eight shall be deemed\\na cost of the reference system.\\n (b) In determining the fee charges to be assessed, the department\\nshall, on or before May first of each year, compute the costs for the\\npreceding state fiscal year which were expended to operate and\\nadminister the duties of the department pursuant to this title. The\\ndepartment shall, at such time or times and pursuant to such procedure\\nas it shall determine by regulation, bill and collect from each clinical\\nlaboratory and blood bank an amount computed by multiplying such total\\ncomputed operating expenses of the department by a fraction the\\nnumerator of which is the gross annual receipts of such clinical\\nlaboratory or blood bank during such twelve month period preceding the\\ndate of computation as the department shall designate by regulation, and\\nthe denominator of which is the total gross annual receipts of all\\nclinical laboratories or blood banks operating in the state during such\\nperiod.\\n (c) Each such clinical laboratory and blood bank shall submit to the\\ndepartment, in such form and at such times as the department may\\nrequire, a report containing information regarding its gross annual\\nreceipts for all activities performed pursuant to a permit issued by the\\ndepartment in accordance with the provisions of section five hundred\\nseventy-five of this title. The department may require additional\\ninformation and audit and review such information to verify its\\naccuracy.\\n (d) Partial payments equal to one-quarter of the total amount billed,\\nmay be made on or before June thirtieth, September thirtieth, December\\nthirty-first and March tenth of the fiscal year to which the billing\\nrelates.\\n (e) On or before September fifteenth of each year, the department\\nshall reconcile its costs and expenses for the reference system for the\\npreceding state fiscal year and shall, on or before October fifteenth\\nsend to each clinical laboratory and blood bank, a statement setting\\nforth the amount due and payable by, or the amount computed to the\\ncredit of, such clinical laboratory or blood bank, computed on the basis\\nof the above stated formula, except that for the purposes of such\\ncomputation the fraction shall be multiplied against the total\\nrecomputed expenses of the department for such fiscal year. Any amount\\ndue shall be payable not later than thirty days following the date of\\nsuch statement. Any credit shall be applied against any succeeding\\npayment due.\\n (f) The commissioner may waive all or any part of such fee charges for\\nclinical laboratories or blood banks operated by local governments and\\nfor nonprofit clinical laboratories or blood banks performing\\nexaminations and analyses or providing services under contract with the\\nstate or its local governments.\\n (g) Subject to the approval of the director of the budget, the\\ncommissioner shall charge adequate and reasonable fees for the periodic\\ninspection of out-of-state clinical laboratories and blood banks, not\\nexceeding the estimated additional costs incurred for out-of-state\\ninspections under this title.\\n 5. The department, within the amounts appropriated, may employ\\ninspectors, investigators, assistants and other employees or may\\ncontract with the city of New York to carry out the provisions of this\\ntitle, set the compensation of such employees, within limits provided by\\nlaw, and prescribe the duties of such employees.\\n 6. The commissioner may appoint one or more advisory committees of\\npersons expert in the major categories of clinical laboratory procedures\\nto advise the commissioner in connection with the qualifications of\\ntechnical personnel employed and the use of appropriate procedures. Each\\nsuch advisory committee shall include at least one designee of the\\ncommissioner of the department of health of the city of New York.\\n 7. The department may adopt rules or regulations applicable only to or\\nin the city of New York which are designed to address special needs or\\ncircumstances existing in such city. The department shall consider the\\nrecommendations of the city of New York, or the department or board of\\nhealth of such city, concerning the adoption or amendment of any such\\nrules or regulations.\\n 8. The department may enter into agreements with the secretary of\\nhealth and human services as authorized by the federal clinical\\nlaboratory improvement act of nineteen hundred eighty-eight and title\\nXVIII of the social security act to perform such acts as may be\\nnecessary to assure conformance with such laws by laboratories operating\\nin the state.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "576-A", "title" : "Clinical laboratories and cytotechnologists examining Pap smears", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2024-12-20" ], "docLevelId" : "576-A", "activeDate" : "2014-09-22", "sequenceNo" : 327, "repealedDate" : null, "fromSection" : "576-A", "toSection" : "576-A", "text" : " § 576-a. Clinical laboratories and cytotechnologists examining Pap\\nsmears. 1. Definitions. As used in this section, unless the context\\nclearly requires otherwise, the following terms shall have the following\\nmeanings:\\n (a) \"Cytotechnologist\". A clinical laboratory professional\\nspecializing in the analysis of cytopathology samples, including Pap\\nsmears, for cervical cancer and related diseases who meets the\\nqualifications specified by the department.\\n (b) \"Cytotechnologist work standard\". (i) A limitation on the number\\nof Pap smears (also known as gynecologic slides) and non-gynecologic\\nslides a cytotechnologist may examine during a particular time period,\\nor other limitation on the quantity, speed or manner of examination of\\nslides by a cytotechnologist, under regulations of the department.\\n (ii) Unless otherwise provided by the department, the cytotechnologist\\nwork standard shall be: No cytotechnologist may examine more than eighty\\none-slide gynecologic cases or fifty two-slide gynecologic cases per\\nwork day. If a cytotechnologist also examines non-gynecologic slides in\\na given work day the cytotechnologist's workload for gynecologic slides\\nshall be correspondingly reduced, in accordance with written guidelines\\nprepared by the clinical laboratory and filed with the department, so\\nthat a cytotechnologist examines no more than a total of one hundred\\ngynecologic and non-gynecologic slides per work day.\\n (c) \"Employ\". To employ or contract with a cytotechnologist to examine\\ngynecologic slides.\\n (d) \"Clinical laboratory\". A clinical laboratory issued a permit\\npursuant to this title.\\n (e) \"Work day\". A twenty-four hour period during which a\\ncytotechnologist examines gynecologic slides for a clinical laboratory.\\n 2. Compliance with cytotechnologist work standard. No cytotechnologist\\nshall exceed the applicable cytotechnologist work standard. No clinical\\nlaboratory shall require, authorize, encourage or permit any\\ncytotechnologist to exceed the applicable cytotechnologist work\\nstandard. In determining whether a cytotechnologist exceeds the\\napplicable cytotechnologist work standard, all work done by the\\ncytotechnologist during a given work day shall be considered, without\\nregard to which clinical laboratory or other person for which or whom it\\nwas performed.\\n 3. Registration of cytotechnologist. All cytotechnologists who are\\nemployed by a clinical laboratory must register with the department. The\\ndepartment shall, by regulation, prescribe a form and procedure for the\\nregistration of cytotechnologists. The registration form shall include\\nat least the name, address, and an individual identification number\\ndetermined by the department. The department shall notify each\\nregistrant of his or her identification number.\\n 4. Employment of registered cytotechnologists. No clinical laboratory\\nshall employ a cytotechnologist unless the cytotechnologist is\\nregistered under this section.\\n 5. Record-keeping. (a) Each clinical laboratory shall maintain\\nrecords, in a form prescribed by the department, which set forth, for\\neach cytotechnologist employed by the clinical laboratory:\\n (i) the name and identification number of the cytotechnologist;\\n (ii) the number of hours worked by the cytotechnologist in each work\\nday;\\n (iii) the number of gynecologic slides and non-gynecologic slides\\nexamined by the cytotechnologist, and how many were one-slide and\\ntwo-slide cases, during each work day; and\\n (iv) such other information as the department may require by\\nregulation.\\n (b) Each cytotechnologist shall maintain records, in a form prescribed\\nby the department, which set forth:\\n (i) the number of hours worked by the cytotechnologist in each work\\nday;\\n (ii) the number of gynecologic slides and non-gynecologic slides\\nexamined and how many were one-slide and two-slide cases, during each\\nwork day;\\n (iii) the name and address of the clinical laboratory or other person\\nfor which or whom the slides were examined; and\\n (iv) such other information as the department may require by\\nregulation.\\n (c) Such records of clinical laboratories and cytotechnologists shall\\nbe made available for inspection and copying by the department upon\\nrequest.\\n 6. Multiple employers. Whenever a cytotechnologist is employed by more\\nthan one clinical laboratory or other person during a work day, the\\ncytotechnologist shall advise each clinical laboratory of any previous\\nemployment during the work day and the amount of work performed, to\\ninsure that the applicable cytotechnologist work standard is not\\nexceeded.\\n 7. Standards for gynecologic slides. (a) A gynecologic slide of a Pap\\nsmear shall not be tested or reported on if:\\n (i) the apparent condition of the specimen indicates that it is\\nunsatisfactory for testing or that it is inappropriate for the test\\nrequested;\\n (ii) it has been collected, labeled, preserved or otherwise handled in\\nsuch a manner that it has become unsatisfactory or unreliable as a test\\nspecimen;\\n (iii) the slide is broken;\\n (iv) it contains insufficient cells or the cells are obscured by\\ninflammation, blood or lubricating ointment, so that an adequate\\ndiagnosis cannot be made; or\\n (v) the slide is otherwise unsatisfactory, as defined by department\\nregulations.\\n (b) If the slide is unsatisfactory as set forth in this subdivision,\\nthe clinical laboratory shall have an affirmative duty to advise the\\ncollecting physician or other practitioner that the slide is\\nunsatisfactory and request the submission of a new slide.\\n 8. Re-examination of slides. The department shall prescribe, by\\nregulation, a system of targeted re-examination of gynecologic slides\\nexamined and found to be not abnormal or questionable. The factors to be\\nconsidered in the targeted re-examination may include, but are not\\nlimited to, the prior cancer and other history of the patient, the\\nresults of previous slide examinations, and the experience and ability\\nof the cytotechnologist. Each clinical laboratory shall follow the\\nprescribed re-examination system.\\n 9. Regulations. The department may, by regulation, establish\\ncytotechnologist work standards. Those standards may include, but shall\\nnot be limited to, standards which take into account the experience and\\nqualifications of the cytotechnologists and the performance of the\\nclinical laboratory in proficiency testing programs conducted by the\\ndepartment. However, those standards shall not exceed by more than\\ntwenty percent the maximum numbers of slides which may be examined in a\\nwork day under clause (ii) of paragraph (b) of subdivision one of this\\nsection. Such standards shall be at least as stringent as federal\\nstandards promulgated under the federal clinical laboratory improvement\\namendments of nineteen hundred eighty-eight.\\n 10. Notwithstanding any provisions of subdivisions one and nine of\\nthis section to the contrary, the department may, pursuant to\\nregulation, increase the maximum number of slides which may be examined\\nin a work day for clinical laboratories using slide examination or\\npreparation technology approved by the federal food and drug\\nadministration, provided that such standards shall be at least as\\nstringent as federal standards promulgated under the federal clinical\\nlaboratory improvement amendments of nineteen hundred eighty-eight or\\nother applicable federal law.\\n 11. Violations. (a) Sections twelve, twelve-a, and twelve-b of this\\nchapter shall apply to violations of this section, except that the civil\\npenalty for a violation of this section by a cytotechnologist shall not\\nexceed five hundred dollars.\\n (b) If a cytotechnologist violates this section, the department may\\nsuspend or revoke the cytotechnologist's registration under this\\nsection, pursuant to department regulations including appropriate due\\nprocess protections for the cytotechnologist.\\n (c) If any clinical laboratory or other person violating this section\\nis licensed, certified or registered by the department under other\\nprovisions of law, the violation of this section may be grounds for\\ndisciplining the person under such law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "576-B", "title" : "Performance of certain clinical laboratory services upon request", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "576-B", "activeDate" : "2014-09-22", "sequenceNo" : 328, "repealedDate" : null, "fromSection" : "576-B", "toSection" : "576-B", "text" : " § 576-b. Performance of certain clinical laboratory services upon\\nrequest. 1. A clinical laboratory may perform a clinical laboratory\\nservice (including accepting a specimen or assignment for examination\\nand rendering a report), that it is otherwise allowed to perform, upon\\nthe request of the person on whom the service is to be performed and\\nrender a report directly to the person, where the service is for the\\nsame purpose as a test or collection device that has been approved or\\ncleared by the Food and Drug Administration of the United States\\nDepartment of Health and Human Services for sale or distribution to the\\npublic on a direct or over-the-counter basis without a prescription from\\na qualified health care practitioner.\\n 2. All services conducted pursuant to this section shall comply with\\nthe standards for testing established by the department and with any\\nother laws of this state, including requirements for confidentiality and\\npre-test and post-test counseling.\\n 3. The results of any test conducted pursuant to this section shall be\\nprovided only to the person who requested the test. Such results shall\\nbe provided in a clear and concise manner that is understandable by lay\\npersons and that identifies results indicating the need for referral to\\na physician or other qualified health care practitioner.\\n 4. Nothing in this section shall authorize a clinical laboratory to\\nengage in the practice of any health care profession under title eight\\nof the education law. The report issued to a person for a test conducted\\npursuant to this section shall contain a clear statement, presented in a\\nprominent manner, to the effect that the report should not be viewed as\\nmedical advice and is not meant to replace direct communication with a\\nphysician or other health care practitioner.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "576-C", "title" : "Electronic reporting of disease and specimen submission", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "576-C", "activeDate" : "2014-09-22", "sequenceNo" : 329, "repealedDate" : null, "fromSection" : "576-C", "toSection" : "576-C", "text" : " § 576-c. Electronic reporting of disease and specimen submission. 1.\\nWhenever a clinical laboratory or blood bank is otherwise required by\\nthis chapter to report evidence of a disease or health condition to the\\ncommissioner or a local health officer, the laboratory director shall\\nreport the test results and such data elements as are determined by the\\ncommissioner to be necessary as authorized by law. All reports shall be\\nsent electronically to the department in a standards based electronic\\nformat, using a network, communications protocol, clinical syntax and\\nvocabulary all as determined by the commissioner to be compatible with\\nnational health information standards promulgated by the federal centers\\nfor disease control and prevention and the department of health and\\nhuman services. Reports shall be submitted on a schedule determined by\\nthe commissioner.\\n 2. Clinical laboratories and blood banks may continue to submit\\nreports in paper copy to the commissioner and/or local health officer as\\notherwise required by this chapter until the earlier of the date the\\nlaboratory director receives notice that the laboratory has been\\ncertified to report electronically or one year after the effective date\\nof this section. Thereafter, all reports shall be sent electronically to\\nthe department.\\n 3. In the event the system for electronic reporting is unavailable for\\nany reason, including lack of certification for electronic reporting,\\nclinical laboratories and blood banks shall make reports to the local\\nhealth officer of the county of the patient's residence and the\\ncommissioner using an alternate mechanism determined by the\\ncommissioner.\\n 4. Whenever the commissioner or a local health officer determines that\\nsupplemental testing is necessary to confirm evidence of a disease or\\nhealth condition otherwise required to be reported to the commissioner\\nor a local health officer pursuant to this chapter, or to further\\nidentify the characteristics of a causative agent for reasons of public\\nhealth protection, the laboratory shall submit all or part of the\\nspecimen or its derivatives with patient identifiers to the department\\nor its designee, or the local health officer or his or her designee, in\\na manner and as directed by the commissioner.\\n 5. The commissioner may adopt rules and regulations necessary to\\nimplement the provisions of this section.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "577", "title" : "Enforcement", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "577", "activeDate" : "2014-09-22", "sequenceNo" : 330, "repealedDate" : null, "fromSection" : "577", "toSection" : "577", "text" : " § 577. Enforcement. 1. A permit or certificate of qualification may be\\nrevoked, suspended, limited or annulled, or the holder thereof censured,\\nreprimanded or otherwise disciplined by the department on proof that the\\ncertificate holder, owner or director, or one or more persons in his or\\nher employ:\\n (a) has been guilty of misrepresentation in obtaining the permit or\\ncertificate or in the operation of the clinical laboratory or blood\\nbank, including the submission to the department of proficiency test\\nresults obtained from another clinical laboratory;\\n (b) has knowingly accepted or permitted to be accepted a specimen or\\nassignment for clinical laboratory examination from or rendered a report\\nthereon to a person or persons not authorized by law to submit such\\nassignment or specimen or receive such report;\\n (c) has engaged or attempted to engage or represented himself or\\nherself as entitled to perform any procedure or category or procedures\\nor services he or she is not authorized to perform;\\n (d) has rendered a report on work actually performed in another\\nclinical laboratory or blood bank without designating the fact that the\\nexamination or procedure was performed in another clinical laboratory or\\nblood bank;\\n (e) has demonstrated incompetence or shown consistent errors in\\nperformance of examinations or procedures;\\n (f) has failed to file any report required by the provisions of this\\ntitle or the rules and regulations promulgated thereunder;\\n (g) has violated or aided and abetted in the violation of any\\nprovision of this chapter, including this title, title six of this\\narticle, or the rules and regulations promulgated pursuant to this\\nchapter or a violation of title eleven of article five of the social\\nservices law or the rules and regulations promulgated thereunder related\\nto laboratory services; or\\n (h) has violated or aided and abetted in the violation of local laws,\\ncodes or regulations as specified in subdivision three of section five\\nhundred eighty of this title.\\n (i) has been found upon inspection by the department to be in\\nnoncompliance with a provision or provisions of this title or the rules\\nand regulations promulgated hereunder, and has failed to address such\\nfindings as required by the department.\\n 2. Proceedings under this section may be initiated by any person,\\ncorporation, association or public officer, or by the department, by\\nfiling written charges with the department.\\n 3. No permit or certificate shall be revoked, suspended, limited or\\nannulled without a hearing, except as provided in subdivision three of\\nsection five hundred seventy-six of this title. However, a permit or\\ncertificate may be temporarily suspended without a hearing for a period\\nnot to exceed thirty days upon notice to the permit or certificate\\nholder following a finding by the department that the public health,\\nsafety or welfare is in imminent danger.\\n 4. The commissioner shall set a time and place for the hearing. A copy\\nof the charges, together with the notice of the time and place of the\\nhearing, shall be mailed to the permit or certificate holder, at the\\naddress specified on the permit at least fifteen days before the date\\nset for the hearing. The permit or certificate holder shall file with\\nthe department, not less than five days prior to the hearing, a written\\nanswer to the charges.\\n 5. Any person or entity which owns or operates a clinical laboratory\\nand who does not hold a valid laboratory permit shall be liable to the\\npeople of the state for a civil penalty not to exceed two thousand\\ndollars for each day for the unauthorized operation of the clinical\\nlaboratory.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "578", "title" : "Penalties", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "578", "activeDate" : "2014-09-22", "sequenceNo" : 331, "repealedDate" : null, "fromSection" : "578", "toSection" : "578", "text" : " § 578. Penalties. 1. (a) A person who owns or operates a clinical\\nlaboratory or blood bank, and who does not hold a valid permit issued\\npursuant to the provisions of this title or who otherwise does not\\ncomply with this title or the New York city health code is guilty of a\\nmisdemeanor, punishable by imprisonment for not more than one year, or\\nby a fine of not more than two thousand dollars, or by both such fine\\nand imprisonment. For any subsequent offense, the penalty shall be both\\nsuch fine and imprisonment.\\n (b) A person who owns or operates a clinical laboratory or blood bank\\nand willfully misreports laboratory results or otherwise fails to comply\\nwith the provisions of this title is guilty of a class A misdemeanor,\\npunishable by imprisonment for not more than one year, or by a fine of\\nnot more than one thousand dollars, or by both such fine and\\nimprisonment.\\n 2. A person who acts as a director after July first, nineteen hundred\\nsixty-five, and who does not hold a valid certificate of qualification\\nissued pursuant to the provisions of this title is guilty of a\\nmisdemeanor, punishable by imprisonment for not more than one year, or\\nby a fine of not more than five hundred dollars or by both such fine and\\nimprisonment.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "579", "title" : "Scope and exceptions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-10-30", "2015-11-06", "2021-08-13" ], "docLevelId" : "579", "activeDate" : "2015-11-06", "sequenceNo" : 332, "repealedDate" : null, "fromSection" : "579", "toSection" : "579", "text" : " § 579. Scope and exceptions. 1. This title is applicable to all\\nclinical laboratories and blood banks operating within the state, except\\nclinical laboratories and blood banks operated by the federal government\\nand clinical laboratories operated by a licensed physician, osteopath,\\ndentist, midwife, nurse practitioner, optometrist performing a clinical\\nlaboratory test that does not use an invasive modality as defined in\\nsection seventy-one hundred one of the education law or podiatrist who\\nperforms laboratory tests or procedures, personally or through his or\\nher employees, solely as an adjunct to the treatment of his or her own\\npatients; to the extent authorized by federal and state law, including\\nthe education law.\\n 2. This title shall not be applicable to and the department shall not\\nhave the power to regulate pursuant to this title: (a) any examination\\nperformed by a state or local government of materials derived from the\\nhuman body for use in criminal identification or as evidence in a\\ncriminal proceeding or for investigative purposes; (b) any test\\nconducted pursuant to paragraph (c) of subdivision four of section\\neleven hundred ninety-four of the vehicle and traffic law and paragraph\\n(c) of subdivision eight of section 25.24 of the parks, recreation and\\nhistoric preservation law; (c) any examination performed by a state or\\nlocal agency of materials derived from the body of an inmate, pretrial\\nreleasee, parolee, conditional releasee or probationer to (i) determine,\\nmeasure or otherwise describe the presence or absence of any substance\\nwhose possession, ingestion or use is prohibited by law, the rules of\\nthe department of corrections and community supervision, the conditions\\nof release established by the board of parole, the conditions of release\\nestablished by a court or a local conditional release commission or the\\nconditions of any program to which such individuals are referred and\\n(ii) to determine whether there has been a violation thereof; or (d) any\\nexamination performed by a coroner or medical examiner for the\\nmedical-legal investigation of a death. Nothing herein shall prevent the\\ndepartment from consulting with the division of criminal justice\\nservices, the department of corrections and community supervision, the\\nstate police, or any other state agency or commission, at the request of\\nthe division of criminal justice services, the department of corrections\\nand community supervision, the state police, or such other agency or\\ncommission, concerning examination of materials for purposes other than\\npublic health.\\n 3. (a) This title shall not be applicable to any person, partnership,\\ncorporation or other entity performing any waived test or\\nprovider-performed microscopy procedure, provided such person,\\npartnership, corporation or other legal entity: (i) holds a valid\\ncertificate of registration issued by the department authorizing the\\nperformance of one or more waived tests or provider-performed microscopy\\nprocedures; and (ii) only performs tests authorized by the certificate\\nof registration; and (iii) otherwise complies with all applicable\\nrequirements of this subdivision.\\n (b) The department may issue a certificate of registration authorizing\\nthe performance of one or more waived tests or provider-performed\\nmicroscopy procedures for a period of up to two years if the applicant:\\n(i) files a completed application with the department on such forms as\\nthe commissioner may prescribe; (ii) provides documentation acceptable\\nto the department demonstrating the ability to comply with the\\nrequirements of this subdivision; and (iii) pays a two hundred dollar\\nbiennial registration fee for each location where services are rendered;\\nexcept that a voluntary ambulance service as defined in article thirty\\nof the public health law and operated under section two hundred nine-b\\nof the general municipal law shall be exempt from the requirement to pay\\na fee to obtain this certificate of registration; and except that the\\nfollowing may operate multiple locations under a single registration and\\npay a single registration fee: (A) not-for-profit, state or local\\ngovernment laboratories or programs engaged in limited public health\\ntesting not exceeding fifteen types of tests per registration; or (B)\\napplicants that maintain a fixed location in the state and are approved\\nby the department to move from testing site to testing site.\\n (c) Laboratory test registrants shall: (i) provide only the tests and\\nservices listed on the registration issued by the department hereunder;\\n(ii) advise the department of any change in the registrant's name,\\nownership, location or qualified health care professional or laboratory\\ndirector designated to supervise testing within thirty days of such\\nchange; (iii) provide the department with immediate access to all\\nfacilities, equipment, records, and personnel as required by the\\ndepartment to determine compliance with this subdivision; (iv) comply\\nwith all public health law and federal requirements for reporting\\nreportable diseases and conditions to the same extent and in the same\\nmanner as a clinical laboratory; (v) perform one or more tests as\\nrequired by the department to determine the proficiency of the persons\\nperforming such tests; and (vi) designate a qualified health care\\nprofessional or qualified individual holding a certificate of\\nqualification pursuant to section five hundred seventy-three of this\\ntitle, who shall be jointly and severally responsible for: (A)\\nestablishing, approving and continuously updating policies, procedures\\nand personnel qualifications for each test employed; (B) establishing a\\ncomprehensive quality assurance system which includes, but is not\\nlimited to, test selection, test quality, laboratory proficiency and\\npersonnel competency; (C) ensuring all tests are performed in accordance\\nwith the manufacturers' instructions and standards of practice in\\nlaboratory medicine; (D) maintaining complete and accurate records of\\nthe tests performed, including but not limited to, the patient's name,\\nresults, person performing the test, and quality control data; (E)\\nensuring that persons do not participate in diagnostic or treatment\\ndecisions using such test results unless such persons are authorized by\\nlaw to do so; (F) ensuring that provider-performed microscopy procedures\\nare performed only by a qualified health care professional operating\\nwithin the scope of practice for his or her profession and as part of\\nthe physical examination performed by such professional; and (G)\\ncomplying with other applicable laws, rules and regulations.\\n (d) A certificate of registration shall become void by a change in the\\nowner of the laboratory test registrant or location of testing.\\n (e) Notwithstanding the foregoing, if the commissioner determines that\\nthe performance of a particular waived test or provider-performed\\nmicroscopy procedure in a facility or location which does not possess a\\nNew York state clinical laboratory permit creates a risk of harm to the\\nsubjects of such test, the commissioner may issue an order prohibiting\\nsuch test from being performed in any location other than a permitted\\nclinical laboratory, physician's office or other location exempted by\\nsubdivision one or two of this section.\\n (f) Registration under this subdivision may be denied, limited,\\nsuspended, revoked or annulled by the department upon a determination\\nthat a laboratory services registrant: (i) failed to comply with the\\nrequirements of this subdivision; (ii) provided services that constitute\\nan unwarranted risk to human health; (iii) intentionally provided any\\nfalse or misleading information to the department relating to\\nregistration or performing laboratory services; or (iv) has demonstrated\\nincompetence or shown consistent errors in the performance of\\nexaminations or procedures. A registration shall not be limited,\\nsuspended, revoked or annulled without a hearing conducted in accordance\\nwith subdivision four of section five hundred seventy-seven of this\\ntitle. However, a registration may be temporarily limited, suspended,\\nrevoked or annulled without a hearing for a period not to exceed thirty\\ndays upon notice to the registrant following a finding by the department\\nthat the public health, safety or welfare is in imminent danger.\\n (g) The commissioner may adopt such rules and regulations as may be\\nnecessary to effectuate the purposes of this subdivision.\\n (h) Any person, partnership, corporation or other entity performing\\nwaived tests or provider-performed microscopy procedures without being\\nauthorized to do so pursuant to this title shall be subject to a civil\\npenalty of up to five hundred dollars for each test performed, not to\\nexceed two thousand dollars per day for each day tests are performed, in\\nviolation of this subdivision.\\n (i) All fees and civil penalties collected pursuant to this\\nsubdivision shall be deposited in the special revenue account\\nestablished for the receipt of inspection and reference fees collected\\npursuant to section five hundred seventy-six of this title and shall be\\nsubtracted from the operating expenses of the department prior to\\ncalculation of such inspection and reference fees.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "580", "title" : "Construction", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "580", "activeDate" : "2014-09-22", "sequenceNo" : 333, "repealedDate" : null, "fromSection" : "580", "toSection" : "580", "text" : " § 580. Construction. 1. Nothing in this title shall be construed as\\naffecting the educational program of any college or university or any\\nlegally chartered school approved by the department of education which\\nprogram is conducted for the training of its students.\\n 2. Nothing in this title shall be construed as affecting facilities\\nwhich perform laboratory tests solely for research purposes, nor as\\naffecting laboratory testing by a public health officer as part of an\\nepidemiological investigation in which no patient identified result is\\nreported for diagnostic purposes to a health care provider or the\\nsubject of the test.\\n 3. (a) Nothing in this title shall be construed to impair or affect\\nthe power or authority of the city of New York or a department or agency\\nthereof, to enact or enforce additional laws, codes or regulations\\naffecting clinical laboratories or blood banks, not inconsistent with\\nthe provisions of this title or any regulations promulgated hereunder,\\nrelated to the control, prevention or reporting of diseases or medical\\nconditions or to the control or abatement of public health nuisances.\\nNoncompliance with such laws, codes or regulations as documented by the\\nlocal public health officer may be a basis for the department's denial\\nor non-renewal of a laboratory permit or a certificate of qualification.\\n (b) Such local laws, codes or regulations which are more restrictive\\nthan or additional to the requirements set forth in this title or the\\nregulations promulgated hereunder shall be deemed not inconsistent.\\n 4. The collection, processing, storage, distribution or use of blood,\\nblood components or blood derivatives for the purpose of diagnosis,\\nprevention or treatment of disease is hereby declared to be a public\\nhealth service and shall not be construed to be, and is declared not to\\nbe, a sale of such blood, blood components or blood derivatives, for any\\npurpose or purposes whatsoever.\\n 5. Notwithstanding any inconsistent provision of the education law,\\nindividuals performing only waived tests or provider-performed\\nmicroscopy procedures in accordance with the provisions of subdivision\\nthree of section five hundred seventy-nine of this title shall not be\\nrequired to be licensed or certified as a clinical laboratory\\npractitioner pursuant to the education law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "581", "title" : "Separability", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "581", "activeDate" : "2014-09-22", "sequenceNo" : 334, "repealedDate" : null, "fromSection" : "581", "toSection" : "581", "text" : " § 581. Separability. If any clause, sentence, paragraph, section or\\npart of this title shall be adjudged by any court of competent\\njurisdiction to be invalid, the judgment shall not affect, impair, or\\ninvalidate the remainder thereof, but shall be confined in its operation\\nto the clause, sentence, paragraph, section, or part thereof directly\\ninvolved in the controversy in which the judgment shall have been\\nrendered.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 15 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A5T6", "title" : "Laboratory Business Practices", "docType" : "TITLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6", "activeDate" : "2014-09-22", "sequenceNo" : 335, "repealedDate" : null, "fromSection" : "585", "toSection" : "588", "text" : " TITLE VI\\n LABORATORY BUSINESS PRACTICES\\nSection 585. Definitions.\\n 586. Payment for services.\\n 587. Prohibited practices.\\n 588. Violations and penalties.\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "585", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "585", "activeDate" : "2014-09-22", "sequenceNo" : 336, "repealedDate" : null, "fromSection" : "585", "toSection" : "585", "text" : " § 585. Definitions. Whenever used in this title:\\n 1. \"Health services purveyor\" means any person, firm, partnership,\\ngroup, association, corporation or professional corporation, or any\\nagent, employee, fiduciary, employer or representative thereof,\\nincluding but not limited to a physician, dentist, podiatrist or\\nchiropractor, either in individual practice, group practice or employed\\nin a facility owned by any person, group, association, firm, partnership\\nor corporation hiring any of the aforementioned practitioners, who\\nprovide health or health related services.\\n 2. \"Clinical laboratory\" shall have the same meaning as is set forth\\nin subdivision one of section five hundred seventy-one of this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "586", "title" : "Payment for services", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "586", "activeDate" : "2014-09-22", "sequenceNo" : 337, "repealedDate" : null, "fromSection" : "586", "toSection" : "586", "text" : " § 586. Payment for services. 1. It shall be unlawful for any purveyor\\nof clinical laboratory services, directly or indirectly, through any\\nperson, firm, corporation or association or its officers or agents, to\\nbill or receive payment, reimbursement, compensation or fee from any\\nperson other than the recipient of the services, such recipient being\\nthe person upon whom the clinical services have been or will be\\nrendered.\\n 2. The provisions of subdivision one of this section shall be\\ninapplicable to services rendered by a clinical laboratory operated by\\nthe state of New York; and to payment by:\\n (a) A legal relative of the recipient of the services;\\n (b) An insurance carrier designated by the recipient of the services;\\n (c) A hospital as defined in article twenty-eight of this chapter on\\nbehalf of an in-patient or out-patient of such hospital having been the\\nrecipient of the services;\\n (d) One purveyor to another purveyor for actual services rendered;\\n (e) An industrial firm only for its own employees;\\n (f) A trade union health facility only for its registered patients;\\n (g) Governmental agencies and/or their specified public or private\\nagent, agency or organization on behalf of the recipient of the\\nservices;\\n (h) A substance abuse or chemical dependence program which has been\\napproved to operate by the office of alcoholism and substance abuse\\nservices pursuant to the provision of section 23.01 or article\\nthirty-two of the mental hygiene law on behalf of clients of such a\\nprogram having been the recipient of the services; and\\n (i) A health maintenance organization operating in accordance with\\narticle forty-three of the insurance law or article forty-four of this\\nchapter.\\n 3. The public health council shall adopt and amend rules and\\nregulations, subject to approval by the commissioner, to effectuate the\\nprovisions and purposes of this section.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "587", "title" : "Prohibited practices", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "587", "activeDate" : "2014-09-22", "sequenceNo" : 338, "repealedDate" : null, "fromSection" : "587", "toSection" : "587", "text" : " § 587. Prohibited practices. 1. No health services purveyor shall\\nsolicit, receive, accept or agree to receive or accept any payment or\\nother consideration in any form to the extent such payment or other\\nconsideration is given for the referral of services or participate in\\nthe division, transference, assignment, rebate, splitting of fees, with\\nany clinical laboratory or its agent, employee or fiduciary, or with\\nanother health services purveyor in relation to clinical laboratory\\nservices. Specifically prohibited practices shall include, without\\nlimiting thereto, the following:\\n (a) Acceptance of payments for rental of space for more than the fair\\nmarket value or where the rental amount is affected by test ordering\\nvolume or value.\\n (b) Acceptance of rental payments for storage space for any supplies\\nprovided by any clinical laboratory or its agent, employee or fiduciary.\\n (c) Acceptance of payments for filling in proper information on\\nlaboratory request forms for tests.\\n (d) Receipt or acceptance of employees, agents or other fiduciaries of\\nany clinical laboratory to perform any duties in the facility of any\\nhealth services purveyor provided, however, that nothing in this\\nsubdivision shall prohibit a hospital as defined in article twenty-eight\\nof this chapter or a health maintenance organization operating in\\naccordance with article forty-three of the insurance law or article\\nforty-four of this chapter and a clinical laboratory from contracting\\nfor laboratory management services including the provision of technical\\nservices and employees for the performance of functions directly related\\nto clinical laboratory operations.\\n (e) Receipt or acceptance of equipment, supplies or services provided\\nby any clinical laboratory or its agent, employee or fiduciary for less\\nthan fair market value or when the purchase price or rental payment is\\nin any way related to the reference of patients or specimens to any\\nclinical laboratory.\\n (f) Receipt or acceptance of any monies or other consideration from\\nany clinical laboratory or its agent, employee or fiduciary as a bonus,\\ncommission or fee in the form of a fixed or percentage return for the\\nnumber or dollar value of laboratory tests performed or to be performed\\nby any clinical laboratory to which patients or specimens are referred\\nor for the number of patients or specimens referred.\\n (g) The purchase of prepayment coupons, tickets, booklets or any\\nvariation of such prepayment instruments as advance payments by\\npurveyors of health services for clinical laboratory services to be\\nrendered by any clinical laboratory.\\n (h) To accept payment of money or other consideration from anyone for\\nany clinical laboratory tests rendered or to be rendered on any specimen\\nfor transference of the money or other consideration in whole or in part\\nto any clinical laboratory or to actually be kept by the health services\\npurveyor.\\n (i) To accept or use directly any instrument or any clinical\\nlaboratory form marked \"Invoice\", \"Receipt\", \"Payment Received\" or any\\nother variation for issuance to patients as if the patient had been\\nbilled and paid the clinical laboratory.\\n (j) Receipt or acceptance of any monies or other consideration from\\nany clinical laboratory or its agent, employee or fiduciary for\\ninfluencing any person to refrain from using or utilizing any other\\nclinical laboratory.\\n 2. No clinical laboratory or its agent, employee or fiduciary shall\\nmake, offer, give, or agree to make, offer, or give any payment or other\\nconsideration in any form to the extent such payment or other\\nconsideration is given for the referral of services or participate in\\nthe division, transference, assignment, rebate, splitting of fees, with\\nany health services purveyor, or with another clinical laboratory.\\nSpecifically prohibited practices shall include, without limiting\\nthereto, the following:\\n (a) To offer or agree to give or give any payments for rental of space\\nfor more than the fair market value or where the rental amount is\\naffected by test ordering volume or value.\\n (b) To offer or agree to give or give rental payments for storage\\nspace for any supplies provided to any health services purveyor.\\n (c) To offer or agree to give or give any payments for filling in\\nproper information on laboratory request forms for tests.\\n (d) To supply employees, agents or other fiduciaries of any clinical\\nlaboratory to perform any duties in the facility of any health services\\npurveyor provided, however, that nothing in this subdivision shall\\nprohibit a hospital as defined in article twenty-eight of this chapter\\nor a health maintenance organization operating in accordance with\\narticle forty-three of the insurance law or article forty-four of this\\nchapter and a clinical laboratory from contracting for laboratory\\nmanagement services, including the provision of technical services and\\nemployees for the performance of functions directly related to clinical\\nlaboratory operations.\\n (e) To offer or agree to give or give any equipment, supplies or\\nservices to any health services purveyor for less than fair market value\\nor when the purchase price or rental payment is in any way related to\\nthe reference of patients or specimens to any clinical laboratory.\\n (f) To offer or agree to give or give any monies or other\\nconsideration to any health services purveyor as a bonus, commission or\\nfee in the form of a fixed or percentage return for the number or dollar\\nvalue of laboratory tests performed or to be performed by any clinical\\nlaboratory to which patients or specimens are referred or for the number\\nof patients or specimens referred.\\n (g) To sell any prepayment coupons, tickets, booklets or any variation\\nof such prepayment instrument as advance payments by purveyors of health\\nservices for clinical laboratory services.\\n (h) To send a bill to or receive payment from any health services\\npurveyor for clinical laboratory services rendered to any patient, where\\nsuch bill is sent in code on blank paper, without name and address of\\nthe clinical laboratory, without name or address of the addressee, or\\nwithout name or other identifying information of the person who was the\\nrecipient of the laboratory service or in any other falsified manner.\\n (i) To utilize any health services purveyor or anyone else not\\nauthorized by law to collect money or other consideration from anyone\\nfor any clinical laboratory tests rendered or to be rendered on any\\nspecimen for transference of the money or other consideration in whole\\nor in part to the clinical laboratory or to be actually kept by the\\nhealth services purveyor.\\n (j) To supply to any health services purveyor any printed form of a\\nclinical laboratory marked \"Invoice\", \"Receipt\", \"Payment Received\", or\\nany other variation for use by any health services purveyor issuing same\\nto patients as if the patient had paid the clinical laboratory.\\n (k) To offer or agree to give or give any monies or other\\nconsideration for influencing any person to refrain from using or\\nutilizing any other clinical laboratory.\\n 3. This section shall not apply to any: (a) legally established\\nhospital group purchasing program approved by the commissioner, or (b)\\nany arrangement between a clinical laboratory and health maintenance\\norganization operating in accordance with article forty-three of the\\ninsurance law or article forty-four of this chapter approved by the\\ncommissioner.\\n 4. Any transaction excluded from the prohibition of section five\\nhundred eighty-six of this title relating to payment for services\\nrendered by clinical laboratories shall be deemed to be similarly\\nexcluded from the application of this section.\\n 5. No clinical laboratory or its agent, employee or fiduciary shall\\nmake, offer, give or agree to make, offer or give to any person,\\npartnership, corporation or other entity any payment or other\\nconsideration in any form as a bonus, commission or fee for securing\\nreferrals of services to the clinical laboratory except for payments\\nmade to a person who is an employee of the clinical laboratory.\\n 6. The public health council shall adopt and amend rules and\\nregulations, subject to approval by the commissioner, to effectuate the\\nprovisions and purposes of this section.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "588", "title" : "Violations and penalties", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "588", "activeDate" : "2014-09-22", "sequenceNo" : 339, "repealedDate" : null, "fromSection" : "588", "toSection" : "588", "text" : " § 588. Violations and penalties. 1. Any health services purveyor,\\nclinical laboratory, or any agent, employee or fiduciary of a health\\nservices purveyor or clinical laboratory who violates the provisions of\\nsection five hundred eighty-six of this title, or any rule or regulation\\nadopted pursuant thereto, is guilty of a class A misdemeanor and shall\\nbe punishable in accordance with the provisions of the penal law.\\n 2. Any health services purveyor, clinical laboratory, or any agent,\\nemployee or fiduciary of a health services purveyor or clinical\\nlaboratory who violates the provisions of section five hundred\\neighty-seven of this title, or any rule or regulation adopted pursuant\\nthereto, is guilty of a misdemeanor and shall be punishable by:\\n (a) a term of imprisonment in accordance with the penal law; or\\n (b) a fine of not less than five hundred dollars nor more than ten\\nthousand dollars; or\\n (c) if the defendant has gained money or property through a violation\\nof the provisions of this section, a fine in an amount, fixed by the\\ncourt, not to exceed double the amount of the defendant's gain from a\\nviolation of such provisions. In such event, the provisions of\\nsubdivision three of section 80.00 of the penal law shall be applicable\\nto the sentence; or\\n (d) both the imprisonment and the fine.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 4 }, "repealed" : false } ], "size" : 6 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A6", "title" : "State Aid to Cities and Counties", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6", "activeDate" : "2014-09-22", "sequenceNo" : 340, "repealedDate" : null, "fromSection" : "600", "toSection" : "621", "text" : " ARTICLE 6\\n STATE AID TO CITIES AND COUNTIES\\nTitle I. State aid for basic services. (§§ 600-607)\\n II. State aid for additional services. (§§ 608-613)\\n III. State aid; general provisions. (§§ 614-621)\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A6T1", "title" : "State Aid For Basic Services", "docType" : "TITLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1", "activeDate" : "2014-09-22", "sequenceNo" : 341, "repealedDate" : null, "fromSection" : "600", "toSection" : "607", "text" : " TITLE I\\n STATE AID FOR BASIC SERVICES\\nSection 600. State aid; general requirements.\\n 601. Application for state aid.\\n 602. Core public health services.\\n 602-a. Community health assessment.\\n 603. Core public health services; implementation.\\n 604. Supervision of public health programs.\\n 605. State aid; amount of reimbursement.\\n 606. Assessment of fees; third-party coverage or\\n indemnification.\\n 607. Supplemental health services grants.\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "600", "title" : "State aid; general requirements", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "600", "activeDate" : "2014-09-22", "sequenceNo" : 342, "repealedDate" : null, "fromSection" : "600", "toSection" : "600", "text" : " § 600. State aid; general requirements. In order to be eligible for\\nstate aid under this title, a municipality shall be required to do the\\nfollowing in accordance with the provisions of this article:\\n 1. submit an application to the department for state aid which is\\napproved by the commissioner in accordance with section six hundred one\\nof this title;\\n 2. provide core public health services, as defined in section six\\nhundred two of this title, in accordance with an application for state\\naid submitted by the municipality and approved by the commissioner;\\n 3. submit a community health assessment in accordance with section six\\nhundred two-a of this title;\\n 4. establish, collect and report fees and revenue for services\\nprovided by the municipality, in accordance with section six hundred six\\nof this title; and\\n 5. appropriate or otherwise make funds available to finance a\\nprescribed share of the cost of public health services.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "601", "title" : "Application for state aid", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "601", "activeDate" : "2014-09-22", "sequenceNo" : 343, "repealedDate" : null, "fromSection" : "601", "toSection" : "601", "text" : " § 601. Application for state aid. 1. The governing body of each\\nmunicipality desiring to make application for state aid under this title\\nshall annually, on such dates as may be fixed by the commissioner,\\nsubmit an application for such aid.\\n 2. The application shall be in such form as the commissioner shall\\nprescribe, and shall include, but not be limited to:\\n (a) an organizational chart of the municipal health agency, and a\\nstatement providing the number of employees, by job title, proposed to\\nprovide public health services funded by this title;\\n (b) a budget of proposed expenditures for services funded by this\\ntitle;\\n (c) a description of how the municipality will provide public health\\nservices;\\n (d) an attestation by the chief executive officer of the municipality\\nthat sufficient funds have been appropriated to provide the public\\nhealth services for which the municipality is seeking state aid;\\n (e) an attestation by the municipal officer in charge of administering\\npublic health that the municipality has diligently reviewed its state\\naid application and that the application seeks state aid only for\\neligible public health services;\\n (f) a list of public health services provided by the municipality that\\nare not eligible for state aid, and the cost of each service;\\n (g) a projection of fees and revenue to be collected for public health\\nservices eligible for state aid, in accordance with section six hundred\\nsix of this title; and\\n (h) such other information as the commissioner may require.\\n 3. The commissioner shall approve the state aid application to the\\nextent that it is consistent with this section and any other conditions\\nor limitations established in, or regulations promulgated pursuant to,\\nthis article.\\n 4. A municipality may amend its state aid application with the\\napproval of the commissioner, and subject to any rules and regulations\\nthat the commissioner may adopt.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "602", "title" : "Core public health services", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "602", "activeDate" : "2014-09-22", "sequenceNo" : 344, "repealedDate" : null, "fromSection" : "602", "toSection" : "602", "text" : " § 602. Core public health services. 1. To be eligible for state aid, a\\nmunicipality must provide the following core public health services:\\n (a) Family health, which shall include activities designed to reduce\\nperinatal, infant and maternal mortality and morbidity and to promote\\nthe health of infants, children, adolescents, and people of childbearing\\nage. Such activities shall include family centered perinatal services\\nand other services appropriate to promote the birth of a healthy baby to\\na healthy mother, and services to assure that infants, young children,\\nand school age children are enrolled in appropriate health insurance\\nprograms and other health benefit programs for which they are eligible,\\nand that the parents or guardians of such children are provided with\\ninformation concerning health care providers in their area that are\\nwilling and able to provide health services to such children. Provision\\nof primary and preventive clinical health care services shall be\\neligible for state aid for uninsured persons under the age of\\ntwenty-one, provided that the municipality makes good faith efforts to\\nassist such persons with insurance enrollment and only until such time\\nas enrollment becomes effective. Provision of prenatal clinical health\\ncare services shall be eligible for state aid for uninsured women of any\\nage, provided that the municipality makes good faith efforts to assist\\nsuch women with insurance enrollment and only until such time as\\nenrollment becomes effective.\\n (b) Communicable disease control, which shall include activities to\\ncontrol and mitigate the extent of infectious diseases. Such activities\\nshall include, but not be limited to, surveillance and epidemiological\\nprograms, programs to detect diseases in their early stages,\\nimmunizations against infectious diseases, investigation of diseases and\\nprevention of transmission, prevention and treatment of sexually\\ntransmissible diseases, and arthropod vector-borne disease prevention.\\n (c) Chronic disease prevention, which shall include promoting public,\\nhealth care provider and other community service provider activities\\nthat encourage chronic disease prevention, early detection and quality\\ncare delivery. Such activities include, but are not limited to, those\\nthat promote healthy communities and reduce risk factors such as tobacco\\nuse, poor nutrition and physical inactivity. Provision of clinical\\nservices shall not be eligible for state aid, subject to such exceptions\\nas the commissioner may deem appropriate.\\n (d) Community health assessment, as described in section six hundred\\ntwo-a of this article.\\n (e) Environmental health, which shall include activities that promote\\nhealth and prevent illness and injury by assuring that safe and sanitary\\nconditions are maintained at public drinking water supplies, food\\nservice establishments, and other regulated facilities; investigating\\npublic health nuisances to assure abatement by responsible parties;\\nprotecting the public from unnecessary exposure to radiation, chemicals,\\nand other harmful contaminants; and conducting investigations of\\nincidents that result in illness, injury or death in order to identify\\nand mitigate the environmental causes to prevent additional morbidity\\nand mortality.\\n (f) Public health emergency preparedness and response, including\\nplanning, training, and maintaining readiness for public health\\nemergencies.\\n 2. The municipality must incorporate into each core public health\\nservice the following general activities:\\n (a) ongoing assessment of community health needs;\\n (b) education on public health issues;\\n (c) development of policies and plans to address health needs; and\\n (d) actions to assure that services necessary to achieve agreed upon\\ngoals are provided.\\n 3. The commissioner may approve a state aid application in which the\\nmunicipality actually provides fewer services than those set forth in\\nsubdivision one of this section as long as the application identifies\\nthe availability of other services, who will provide those services and\\nthe manner in which the services will be provided and financed.\\n 4. The commissioner shall consult with the county health\\ncommissioners, public health directors, and boards of public health when\\npromulgating rules and regulations to effectuate the provisions and\\npurposes of this article. The commissioner shall not have the power to\\nprescribe the number of persons to be employed by any municipality.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "602-A", "title" : "Community health assessment", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "602-A", "activeDate" : "2014-09-22", "sequenceNo" : 345, "repealedDate" : null, "fromSection" : "602-A", "toSection" : "602-A", "text" : " § 602-a. Community health assessment. 1. Every municipality shall\\nsubmit to the department no more frequently than every two years, a\\ncommunity health assessment.\\n 2. The community health assessment shall be in such form as the\\ncommissioner shall prescribe, and shall include, but not be limited to:\\n (a) an estimate and description of the health status of the population\\nand factors that contribute to health issues;\\n (b) identification of priority areas for health improvement, in\\nconjunction with the state health improvement plan;\\n (c) identification of public health services in the municipality and\\nin the community and other resources that can be mobilized to improve\\npopulation health, particularly in those priority areas identified in\\nparagraph (b) of this subdivision; and\\n (d) a community health improvement plan consisting of actions,\\npolicies, strategies and measurable objectives through which the\\nmunicipality and its community partners will address areas for health\\nimprovement and track progress toward improvement of public health\\noutcomes.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "603", "title" : "Core public health services; implementation", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "603", "activeDate" : "2014-09-22", "sequenceNo" : 346, "repealedDate" : null, "fromSection" : "603", "toSection" : "603", "text" : " § 603. Core public health services; implementation. 1. In order to be\\neligible for state aid under this title, each municipality shall\\nadminister its core public health services in accordance with the\\nstandards of performance established by the commissioner through rules\\nand regulations pursuant to section six hundred nineteen of this\\narticle. Each municipality shall, in particular, ensure that public\\nhealth services are provided in an efficient and effective manner to all\\npersons in the municipality.\\n 2. The commissioner may withhold state aid reimbursement under this\\ntitle for the appropriate services if, on any audit, review of a state\\naid application or periodic claim for state aid, or other information\\navailable to the department, the commissioner finds that such services\\nare not furnished or rendered in conformance with the rules and\\nregulations established by the commissioner, including but not limited\\nto the standards of performance established pursuant to section six\\nhundred nineteen of this article, or that the expenditures were not for\\nan activity set forth in section six hundred two of this title. In such\\ncases, the commissioner, in order to ensure that the public health is\\npromoted as defined in section six hundred two of this title, may use\\nany proportionate share of a municipality's per capita or base grant\\nthat is withheld to contract with agencies, associations, or\\norganizations. The health department may use any such withheld share to\\nprovide services upon approval of the director of the division of the\\nbudget. Copies of such transactions shall be filed with the fiscal\\ncommittees of the legislature.\\n 3. Consistent with paragraph (h) of subdivision two of section six\\nhundred one of this title, when determining whether to approve a state\\naid application or periodic claim for state aid, the commissioner shall\\nhave authority to request any and all financial and other documents\\nnecessary or relevant to verify that the claimed expenditures are\\neligible for state aid under this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "604", "title" : "Supervision of public health programs", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "604", "activeDate" : "2014-09-22", "sequenceNo" : 347, "repealedDate" : null, "fromSection" : "604", "toSection" : "604", "text" : " § 604. Supervision of public health programs. In order to be eligible\\nfor state aid, under this title, each municipality shall employ a\\nfull-time local commissioner of health or public health director to\\nsupervise the provision of public health services for that municipality,\\nsubject to the following exceptions:\\n 1. such person may serve as the head of a merged agency or multiple\\nagencies, if the approval of the commissioner is obtained; and\\n 2. such person may serve as the local commissioner of health or public\\nhealth director of additional counties, when authorized pursuant to\\nsection three hundred fifty-one of this chapter.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "605", "title" : "State aid; amount of reimbursement", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2019-04-19", "2019-07-05", "2022-04-22", "2026-06-05" ], "docLevelId" : "605", "activeDate" : "2019-07-05", "sequenceNo" : 348, "repealedDate" : null, "fromSection" : "605", "toSection" : "605", "text" : " § 605. State aid; amount of reimbursement. 1. A state aid base grant\\nshall be reimbursed to municipalities for the core public health\\nservices identified in section six hundred two of this title, in an\\namount of the greater of sixty-five cents per capita, for each person in\\nthe municipality, or six hundred fifty thousand dollars provided that\\nthe municipality expends at least six hundred fifty thousand dollars for\\nsuch core public health services. A municipality must provide all the\\ncore public health services identified in section six hundred two of\\nthis title to qualify for such base grant unless the municipality has\\nthe approval of the commissioner to expend the base grant on a portion\\nof such core public health services. If any services in such section are\\nnot provided, the commissioner may limit the municipality's per capita\\nor base grant to reflect the scope of the reduced services. The\\ncommissioner may use the amount that is not granted to contract with\\nagencies, associations, or organizations to provide such services; or\\nthe health department may use such proportionate share to provide the\\nservices upon approval of the director of the division of the budget.\\n 2. State aid reimbursement for public health services provided by a\\nmunicipality under this title, shall be made if the municipality is\\nproviding some or all of the core public health services identified in\\nsection six hundred two of this title, pursuant to an approved\\napplication for state aid, at a rate of no less than thirty-six per\\ncentum, except for the city of New York which shall receive no less than\\ntwenty per centum, of the difference between the amount of moneys\\nexpended by the municipality for public health services required by\\nsection six hundred two of this title during the fiscal year and the\\nbase grant provided pursuant to subdivision one of this section. No such\\nreimbursement shall be provided for services that are not eligible for\\nstate aid pursuant to this article.\\n 3. Municipalities shall make every reasonable effort to collect\\npayments for public health services provided. All such revenues shall be\\nreported to the commissioner pursuant to section six hundred six of this\\ntitle and will be deducted from expenditures identified under\\nsubdivision two of this section to produce a net cost eligible for state\\naid.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "606", "title" : "Assessment of fees; third-party coverage or indemnification", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "606", "activeDate" : "2014-09-22", "sequenceNo" : 349, "repealedDate" : null, "fromSection" : "606", "toSection" : "606", "text" : " § 606. Assessment of fees; third-party coverage or indemnification. 1.\\nAssessment of fees by municipalities. Each municipality shall establish\\na schedule of fees for public health services provided by the\\nmunicipality and shall make every reasonable effort to collect such\\nfees. Fees for personal health services shall be reflective of an\\nindividual's ability to pay and shall not be inconsistent with the\\nreimbursement guidelines of articles twenty-eight and thirty-six of this\\nchapter and applicable federal laws and regulations. To the extent\\npossible revenues generated shall be used to enhance or expand public\\nhealth services. In its state aid application, each municipality shall\\nprovide the department with a projection of fees and revenue to be\\ncollected for that year. Each municipality shall periodically report to\\nthe department fees and revenue actually collected.\\n 2. Assessment of fees by the commissioner. In each municipality, the\\ncommissioner shall establish a fee and revenue plan for services\\nprovided by the department in a manner consistent with the standards and\\nregulations established pursuant to subdivision one of this section.\\n 3. Third party coverage or indemnification. For any public health\\nservice for which coverage or indemnification from a third party is\\navailable, the municipality must seek such coverage or indemnification\\nand report any associated revenue to the department in its state aid\\napplication.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "607", "title" : "Supplemental health services grants", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "607", "activeDate" : "2014-09-22", "sequenceNo" : 350, "repealedDate" : null, "fromSection" : "607", "toSection" : "607", "text" : " § 607. Supplemental health services grants. 1. There shall be\\nestablished within the special revenue fund-other a local public health\\nservices program account. All revenues derived from fees collected by\\nthe department pursuant to subdivision two of section six hundred six of\\nthis article and all fines levied and collected by the department from\\nenforcement actions pursuant to the services provided under titles one\\nand two of this article, and monies received or recovered as a result of\\nany audit exception assessed against the state aid reimbursement to a\\nmunicipality under this article, shall be deposited in the local public\\nhealth services program account.\\n 2. Notwithstanding the limitations of available state aid defined in\\nsection six hundred sixteen of this article, monies available for\\nsupplemental health services grants in the local health services program\\naccount shall be used by the commissioner for the purpose of providing\\nsupplemental health services grants to municipalities for the\\nenhancement of public health services, as an incentive for a\\nmunicipality not organized as a county health district or a part-county\\nhealth district to become organized or in recognition of municipalities\\nwhich have consistently maximized revenue collections. Criteria for\\neligibility for grants under this section shall be established by the\\ncommissioner. Monies received from such supplemental grants shall be\\nused to enhance or expand public health services and may not supplant\\nthe amount that otherwise would be provided by the municipality or\\nappropriated to the department.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 9 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A6T2", "title" : "State Aid For Additional Services", "docType" : "TITLE", "publishedDates" : [ "2014-09-22", "2020-04-17", "2023-12-29", "2024-02-09" ], "docLevelId" : "2", "activeDate" : "2014-09-22", "sequenceNo" : 351, "repealedDate" : null, "fromSection" : "608", "toSection" : "613", "text" : " TITLE II\\n STATE AID FOR ADDITIONAL SERVICES\\nSection 608. State aid; physically handicapped children.\\n 609. State aid; laboratories.\\n 613. State aid; immunization.\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "608", "title" : "State aid; physically handicapped children", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2020-04-17" ], "docLevelId" : "608", "activeDate" : "2014-09-22", "sequenceNo" : 352, "repealedDate" : null, "fromSection" : "608", "toSection" : "608", "text" : " § 608. State aid; physically handicapped children. 1. Whenever the\\ncommissioner of health of any county or part-county health district or,\\nin a county lacking a county or part-county health district, the medical\\ndirector of the physically handicapped children's program, or the\\ndepartment of health of the city of New York, issues an authorization\\nfor medical service for a physically handicapped child, such county or\\nthe city of New York shall be granted state aid in an amount of fifty\\nper centum of the amount expended in accordance with the rules and\\nregulations established by the commissioner, except that such state aid\\nreimbursement may be withheld if, on post-audit and review, the\\ncommissioner finds that the medical service rendered and furnished was\\nnot in conformance with a plan submitted by the municipality and with\\nthe rules and regulations established by the commissioner or that the\\nrecipient of the medical service was not a physically handicapped child\\nas defined in section two thousand five hundred eighty-one of this\\nchapter.\\n 2. Whenever a court of any county issues an order for medical services\\nfor any physically handicapped Indian child, residing on an Indian\\nreservation, such county shall be granted state aid in the amount of one\\nhundred percent of the amount expended in accordance with the standards\\nestablished by the commissioner. Such reimbursement shall be made from\\nany funds appropriated to the department for payment of state aid for\\ncare of physically handicapped children.\\n 3. The clerk of the board of supervisors or other similar governing\\nbody of each county, or chief fiscal officer of the city of New York\\nwhich has paid claims as provided herein shall, not oftener than once in\\neach month, transmit to the commissioner a certified statement in the\\nform prescribed by him, stating the amount expended for the purposes\\nspecified herein, the date of each expenditure, and the purpose for\\nwhich it was made. Upon the receipt of such certified statement the\\ncommissioner shall examine the same, and if such expenditures were made\\nas required by law he shall approve it and transmit it to the\\ncomptroller for audit. The comptroller shall thereupon issue his warrant\\nin the amount specified in such approved statement for the payment\\nthereof out of moneys appropriated therefor to the county treasurer of\\nthe county or chief fiscal officer of the city of New York.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "609", "title" : "State aid; laboratories", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "609", "activeDate" : "2014-09-22", "sequenceNo" : 353, "repealedDate" : null, "fromSection" : "609", "toSection" : "609", "text" : " § 609. State aid; laboratories. 1. Where a laboratory shall have been\\nor is hereafter established pursuant to article five of this chapter,\\nthe state, through the legislature and within the limits to be\\nprescribed by the commissioner, shall provide aid at a per centum,\\ndetermined in accordance with the provisions of subdivision two of\\nsection six hundred five of this article, of the actual cost of repair,\\nrelocation, equipment and maintenance of the laboratory or laboratories\\nfor services associated with a core public health service, as described\\nin section six hundred two of this title. Such cost shall be the excess,\\nif any, of such expenditures over available revenues of all types,\\nincluding adequate and reasonable fees, derived from or attributable to\\nthe performance of laboratory services.\\n 2. Where a county or city provides or shall have provided for\\nlaboratory service by contracting with an established laboratory for\\nservices associated with a core public health service, as described in\\nsubdivision three of section six hundred two of this title, with the\\napproval of the commissioner, it shall be entitled to state aid at a per\\ncentum, determined in accordance with the provisions of subdivision two\\nof section six hundred five of this article, of the cost of the\\ncontracts.\\n 3. The work of all laboratories except the laboratories in the\\ndepartment of health in the city of New York established or for which\\naid is received in accordance with the provisions of this chapter shall\\nbe inspected and standardized by the commissioner and no state aid shall\\nbe given to any county or city unless the area of the district, site,\\ndesign and construction of the buildings, equipment, work and conduct of\\nthe laboratory shall be first approved in writing, after inspection, by\\nthe commissioner or his representative.\\n 4. The governing body of any county or city which has established and\\nis maintaining a laboratory or which is providing laboratory services by\\ncontract with another laboratory and which desires to make applications\\nfor state aid under this title shall annually on such dates as may be\\nfixed by the commissioner submit the request of such county or city for\\nsuch state aid and shall support such request with such information as\\nthe commissioner may require. The commissioner shall prescribe the form\\nin which such information shall be submitted.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "613", "title" : "State aid; immunization", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2017-08-04" ], "docLevelId" : "613", "activeDate" : "2017-08-04", "sequenceNo" : 354, "repealedDate" : null, "fromSection" : "613", "toSection" : "613", "text" : " § 613. State aid; immunization. 1. (a) The commissioner shall develop\\nand supervise the execution of a program of immunization, surveillance\\nand testing, to raise to the highest reasonable level the immunity of\\nthe children of the state against communicable diseases including, but\\nnot limited to, influenza, poliomyelitis, measles, mumps, rubella,\\nhaemophilus influenzae type b (Hib), diphtheria, pertussis, tetanus,\\nvaricella, hepatitis B, pneumococcal disease, and the immunity of adults\\nof the state against diseases identified by the commissioner, including\\nbut not limited to influenza, smallpox, hepatitis and such other\\ndiseases as the commissioner may designate through regulation.\\nMunicipalities in the state shall maintain local programs of\\nimmunization to raise the immunity of the children and adults of each\\nmunicipality to the highest reasonable level, in accordance with an\\napplication for state aid submitted by the municipality and approved by\\nthe commissioner. Such programs shall include assurance of provision of\\nvaccine, serological testing of individuals and educational efforts to\\ninform health care providers and target populations or their parents, if\\nthey are minors, of the facts relative to these diseases and\\nimmunizations to prevent their occurrence.\\n (b) In connection with efforts to raise the immunity of children\\nagainst influenza, the commissioner shall administer a program of\\ninfluenza education to the families of children ages six months to\\neighteen years of age who attend licensed and registered day care\\nprograms, nursery schools, pre-kindergarten, kindergarten, school age\\nchild care programs, public schools or non-public schools. Such program\\nshall include educational materials on influenza and the benefits of\\ninfluenza immunizations to be made available on the department's website\\nin anticipation of times of highest risk for contraction of influenza as\\ndetermined by the commissioner. The office of children and family\\nservices, the department of education, and the New York city department\\nof health and mental hygiene shall, as part of their routine\\nnotification processes, notify licensed and registered day care\\nprograms, nursery schools, pre-kindergarten programs, kindergarten\\nprograms, school age child care programs, public schools and non-public\\nschools that the information regarding immunizations for influenza is\\nfree and accessible on the department's website and such information\\nshall be posted in such licensed and registered day care programs,\\nnursery schools, pre-kindergartens, kindergartens, school age child care\\nprograms, public schools and non-public schools in plain view in\\nanticipation of such times of highest risk for contraction of influenza\\nas determined by the commissioner.\\n (c) The commissioner shall invite and encourage the active assistance\\nand cooperation in such education activities of: the medical societies,\\norganizations of other licensed health personnel, hospitals,\\ncorporations subject to article forty-three of the insurance law, trade\\nunions, trade associations, parents and teachers and their associations,\\norganizations of child care resource and referral agencies, the media of\\nmass communication, and such other voluntary groups and organizations of\\ncitizens as he or she shall deem appropriate. The public health and\\nhealth planning council, the department of education, the department of\\nfamily assistance, and the department of mental hygiene shall provide\\nthe commissioner with such assistance in carrying out the program as he\\nor she shall request. All other state agencies shall also render such\\nassistance as the commissioner may reasonably require for this program.\\nNothing in this subdivision shall authorize mandatory immunization of\\nadults or children, except as provided in sections twenty-one hundred\\nsixty-four and twenty-one hundred sixty-five of this chapter.\\n 2. The commissioner shall set such standards as he shall deem\\nnecessary for the proper, safe, and efficient administration of the\\nprogram. He shall direct an annual survey to determine the immunization\\nlevel of children entering school, and shall conduct annually an audit\\nof such survey and an audit of the immunization level of children\\nattending school. State aid provided by this article shall be reduced by\\nten percent, provided however that state aid for essential public health\\nactivities shall not be reduced, unless a municipality has submitted, in\\ncooperation with local school districts, a plan within ninety days after\\nthe commissioner shall have certified to such municipality the results\\nof his survey of the immunization level of children entering schools in\\nsuch local school districts. Such plan shall be submitted for the next\\nensuing school year and a subsequent plan shall be submitted annually\\nthereafter for assuring that immunizing agents are administered to\\npre-school children within a reasonable time prior to but, in any event,\\nno later than their entrance into school, and to students generally, as\\nrequired pursuant to section twenty-one hundred sixty-four of this\\nchapter. Such plan shall include the manner in which immunization\\nactivities are coordinated among the local health authority and the\\nschool districts. Such reduction in state aid and the requirement that a\\nmunicipality submit an immunization plan shall not be applicable to any\\nmunicipality where ninety percent or more of its children entering\\nschool are immunized. The determination of the percentage of\\nimmunization shall be made by the commissioner based upon his audit of\\nimmunization surveys.\\n 3. The commissioner shall expend such funds as the legislature shall\\nmake available for the purpose of adult and child immunization programs,\\nincluding quality assurance and immunization education:\\n (a) directly through the department;\\n (b) by allocation to municipalities with qualifying programs for\\nreimbursement in accordance with provisions of this section; or\\n (c) by contract.\\n 4. The commissioner shall expend such funds as the legislature shall\\nmake available for the purchase of the vaccines described in subdivision\\none of this section. Vaccines purchased with funds made available under\\nthis section shall be made available without charge to licensed private\\nphysicians, hospitals, clinics and such others as the commissioner shall\\ndetermine, and no charge shall be made to any patient for such vaccines.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 3 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A6T3", "title" : "State Aid; General Provisions", "docType" : "TITLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3", "activeDate" : "2014-09-22", "sequenceNo" : 355, "repealedDate" : null, "fromSection" : "614", "toSection" : "621", "text" : " TITLE III\\n STATE AID; GENERAL PROVISIONS\\nSection 614. Definitions.\\n 615. State aid; form.\\n 616. Limitations on state aid.\\n 617. Maintenance of effort.\\n 618. Performance and accountability.\\n 619. Commissioner; regulatory powers.\\n 619-a. Incentive standards of performance.\\n 620. Public health services program audit recoveries.\\n 621. State aid; public health emergencies.\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "614", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "614", "activeDate" : "2014-09-22", "sequenceNo" : 356, "repealedDate" : null, "fromSection" : "614", "toSection" : "614", "text" : " § 614. Definitions. The following terms shall have the following\\nmeanings:\\n 1. \"County\", any county of the state other than one wholly embraced\\nwithin a city or any combinations of counties or parts of a county that\\nconstitutes a health district.\\n 2. \"City\", each city of the state having a population of one million\\nor more, according to the last preceding federal census.\\n 3. \"Municipality\", a county or city.\\n 4. \"Governing body\", the board of supervisors of a county or the\\ncommon council, city council or other legislative body of a city or\\ncounty.\\n 5. \"Local commissioner of health\", the officer who administers and\\nmanages public health programs within a county who is appointed pursuant\\nto section three hundred fifty-one of this chapter and who has the\\ngeneral powers and duties specified in section three hundred fifty-two\\nof this chapter and the commissioner of health in a city having a\\npopulation of more than one million.\\n 6. \"Public health director\", a person, including a county health\\ndirector, who, with appropriate medical consultation, administers and\\nmanages public health programs within a county, or a city having a\\npopulation of less than two hundred fifty thousand, and who meets the\\nqualifications as prescribed pursuant to section two hundred twenty-five\\nof this chapter.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "615", "title" : "State aid; form", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "615", "activeDate" : "2014-09-22", "sequenceNo" : 357, "repealedDate" : null, "fromSection" : "615", "toSection" : "615", "text" : " § 615. State aid; form. The appropriations made or to be made for the\\npurposes of carrying out the provisions of this article shall be\\navailable, in accordance with certificates of approval issued or to be\\nissued by the director of the budget, to the commissioner for the\\npayment of state aid to municipalities.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "616", "title" : "Limitations on state aid", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2016-04-22", "2019-04-19", "2019-07-05", "2022-04-22", "2026-06-05" ], "docLevelId" : "616", "activeDate" : "2019-07-05", "sequenceNo" : 358, "repealedDate" : null, "fromSection" : "616", "toSection" : "616", "text" : " § 616. Limitations on state aid. 1. The total amount of state aid\\nprovided pursuant to this article shall be limited to the amount of the\\nannual appropriation made by the legislature. In no event, however,\\nshall such state aid be less than an amount to provide the full base\\ngrant and, as otherwise provided by subdivision two of section six\\nhundred five of this article, no less than thirty-six per centum, except\\nfor the city of New York which shall receive no less than twenty per\\ncentum, of the difference between the amount of moneys expended by the\\nmunicipality for eligible public health services pursuant to an approved\\napplication for state aid during the fiscal year and the base grant\\nprovided pursuant to subdivision one of section six hundred five of this\\narticle.\\n 2. No payments shall be made from moneys appropriated for the purpose\\nof this article to a municipality for contributions by the municipality\\nfor indirect costs and fringe benefits, including but not limited to,\\nemployee retirement funds, health insurance and federal old age and\\nsurvivors insurance.\\n 3. Administrative policy changes relating to state aid shall not be\\nimplemented without reasonable and statewide advance written notice to\\nmunicipalities.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "617", "title" : "Maintenance of effort", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "617", "activeDate" : "2014-09-22", "sequenceNo" : 359, "repealedDate" : null, "fromSection" : "617", "toSection" : "617", "text" : " § 617. Maintenance of effort. Such amount of state aid provided will\\nbe used to support and to the extent practicable, to increase the level\\nof funds that would otherwise be made available for such purposes and\\nnot to supplant the amount to be provided by the municipalities. If a\\nmunicipality that is provided state aid pursuant to title one of this\\narticle reduces its expenditures beneath the amount expended in its base\\nyear, which is the most recent fiscal year for which the municipality\\nhas filed all expenditure reports to the department, state aid\\nreimbursement provided pursuant to subdivision one of section six\\nhundred five of this article will be reduced by the percentage reduction\\nin expenditures between its base year and its current fiscal year. For\\npurposes of this section, reductions in expenditures shall be adjusted\\nfor: an absence of extraordinary expenditures of a temporary nature,\\nsuch as disaster relief; unavoidable or justifiable program reductions,\\nsuch as a program being subsumed by another agency; or in circumstances\\nwhere the municipality can demonstrate, to the department's\\nsatisfaction, that the need for the expenditure no longer exists.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "618", "title" : "Performance and accountability", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "618", "activeDate" : "2014-09-22", "sequenceNo" : 360, "repealedDate" : null, "fromSection" : "618", "toSection" : "618", "text" : " § 618. Performance and accountability. The commissioner shall\\nestablish, in consultation with the municipalities, uniform statewide\\nperformance standards for the services funded pursuant to this article;\\nprovided, however, the commissioner may modify a specific standard for a\\nmunicipality if such municipality demonstrates adequate justification.\\nThe commissioner shall recognize the particular needs and capabilities\\nof the various municipalities. The commissioner shall monitor the\\nperformance and expenditures of each municipality to ensure that each\\none satisfies the performance standards. Any municipality failing to\\nsatisfy its standards may be subject to a reduction or loss of aid until\\nsuch municipality can demonstrate that it has the capacity to satisfy\\nsuch standards. The commissioner shall establish a uniform accounting\\nsystem for monitoring the expenditures for services of each municipality\\nto which aid is granted and the amount of state aid received including\\nany performance payments pursuant to section six hundred nineteen-a of\\nthis article. Such reporting system shall require information on the\\namount of public health moneys received from the federal government, the\\nprivate sector, grants, and fees. Each such municipality shall comply\\nwith the regulations of such accounting and reporting systems.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "619", "title" : "Commissioner; regulatory powers", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "619", "activeDate" : "2014-09-22", "sequenceNo" : 361, "repealedDate" : null, "fromSection" : "619", "toSection" : "619", "text" : " § 619. Commissioner; regulatory powers. The commissioner shall adopt\\nregulations to effectuate the provisions and purposes of this article,\\nincluding, but not limited to:\\n 1. setting standards of performance for the provision of core public\\nhealth services which shall include performance criteria to ensure that\\nreimbursable health services are delivered in an efficient and effective\\nmanner by a municipality; and\\n 2. monitoring, collecting data and evaluating the provision of core\\npublic health services by the municipalities and the amounts expended by\\nthe municipalities for such services.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "619-A", "title" : "Incentive standards of performance", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "619-A", "activeDate" : "2014-09-22", "sequenceNo" : 362, "repealedDate" : null, "fromSection" : "619-A", "toSection" : "619-A", "text" : " § 619-a. Incentive standards of performance. 1. The commissioner may\\nestablish statewide incentive performance standards for the delivery of\\ncore public health services.\\n 2. Within amounts appropriated, and subject to the approval of the\\ndirector of the budget, the commissioner may increase state aid to any\\nmunicipality that meets or exceeds statewide incentive performance\\nstandards established under this section, provided that the total of\\nsuch payments to all municipalities may not exceed one million dollars\\nannually.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "620", "title" : "Public health services program audit recoveries", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "620", "activeDate" : "2014-09-22", "sequenceNo" : 363, "repealedDate" : null, "fromSection" : "620", "toSection" : "620", "text" : " § 620. Public health services program audit recoveries. All monies\\nreceived or recovered by the department after the effective date of this\\nsection as a result of any audit exception assessed against the state\\naid reimbursement to a municipality under this article shall be\\ndeposited in the local public health services program account.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "621", "title" : "State aid; public health emergencies", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "621", "activeDate" : "2014-09-22", "sequenceNo" : 364, "repealedDate" : null, "fromSection" : "621", "toSection" : "621", "text" : " § 621. State aid; public health emergencies. If the state commissioner\\nor a county health department or part-county department of health or\\nmunicipality, with the approval of the state commissioner, determines\\nthat there is an imminent threat to public health, the department shall\\nreimburse counties or municipalities at fifty per centum for the cost of\\nemergency measures as approved by the department and subject to the\\napproval of the director of the budget, except that aerial spraying for\\nmosquitoes on state land shall be reimbursed at one hundred per centum,\\nwithin amounts appropriated. Such funds shall be made available from\\nfunds appropriated for public health emergencies, only to those counties\\nor municipalities, which have expended all other state aid which may be\\navailable for related activities and have developed measures to\\nadequately address the emergency. Reimbursement is conditioned upon\\navailability of appropriated funds. For purposes of this section,\\n\"municipality\" means a health department of a city that is not located\\nin a county or part-county health district or a county in which the\\nlegislature has the powers and duties of a board of health of a county\\nor part-county health district and cities with a population of over one\\nmillion persons.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 9 }, "repealed" : false } ], "size" : 3 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A6-A", "title" : "Rape Crisis Intervention and Prevention Program", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22", "2017-08-04" ], "docLevelId" : "6-A", "activeDate" : "2017-08-04", "sequenceNo" : 365, "repealedDate" : null, "fromSection" : "695", "toSection" : "695-E", "text" : " ARTICLE 6-A\\n RAPE CRISIS INTERVENTION AND PREVENTION PROGRAM\\nSection 695. Short title.\\n 695-a. Definitions.\\n 695-b. Authorization of programs.\\n 695-c. Technical assistance.\\n 695-e. Assistance of other agencies.\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "695", "title" : "Short title", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "695", "activeDate" : "2014-09-22", "sequenceNo" : 366, "repealedDate" : null, "fromSection" : "695", "toSection" : "695", "text" : " § 695. Short title. This article shall be known and may be cited as\\nthe \"rape crisis intervention and prevention act of two thousand\".\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "695-A", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "695-A", "activeDate" : "2014-09-22", "sequenceNo" : 367, "repealedDate" : null, "fromSection" : "695-A", "toSection" : "695-A", "text" : " § 695-a. Definitions. As used in this article:\\n 1. \"Rape crisis intervention and prevention program\" means any program\\nwhich has been approved by the department offering counseling and\\nassistance to clients concerning sex offenses, sexual abuse, or incest.\\n 2. \"Community support system\" means a system of service providers in a\\ncommunity designed to meet the needs of a victim of a sex offense,\\nsexual abuse or incest.\\n 3. \"Comprehensive services\" means hotline, counseling, community\\nprevention, recruitment and training programs, accompaniment services,\\nand referral.\\n 4. \"Counseling\" means individual communication and interaction which\\nhelps the client make choices and act upon those choices, provided to a\\nclient concerning any sex offense, sexual abuse, incest, or attempt to\\ncommit a sex offense, sexual abuse, or incest.\\n 5. \"Client\" means any person seeking or receiving the services of a\\nrape crisis counselor for the purpose of securing counseling or\\nassistance concerning any sex offense, sexual abuse, incest, or attempt\\nto commit a sex offense, sexual abuse, or incest.\\n 6. \"Hotline\" means twenty-four-hour access to rape crisis intervention\\nand prevention services including telephone hotline and telephone\\ncounseling capabilities.\\n 7. \"Community prevention\" means public education projects designed to\\nencourage victim use of rape crisis intervention services, educating the\\ngeneral public about the availability and significance of rape crisis\\nintervention services, providing sex offense, sexual abuse or incest\\nprevention and personal safety information, providing other education\\nprograms which sensitize service providers and the general public about\\nthe nature of sex offenses, sexual abuse or incest and the needs of\\nsurvivors of a sex offense, sexual abuse or incest. \"Community\\nprevention\" also means and includes public education projects designed\\nto teach the general public about the problem of acquaintance rape,\\nincluding but not limited to: (a) the importance of promptly respecting\\nthe decision of another person not to engage in sexual conduct; and (b)\\nthe right of every individual to make such a decision and have it\\nrespected.\\n 8. \"Recruitment and training programs\" means programs designed to\\nrecruit and train staff or volunteers in a rape crisis intervention and\\nprevention program as well as training or education to other agencies\\nparticipating in a community support system.\\n 9. \"Accompaniment services\" means services that assure the presence of\\na trained rape crisis worker to assist and support the client, at\\nhospitals, law enforcement agencies, district attorneys' offices, courts\\nand other agencies.\\n 10. \"Referral\" means referral to and assistance with medical services\\nand services of criminal justice agencies, mental health agencies, or\\nother entities providing related services.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "695-B", "title" : "Authorization of programs", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "695-B", "activeDate" : "2014-09-22", "sequenceNo" : 368, "repealedDate" : null, "fromSection" : "695-B", "toSection" : "695-B", "text" : " § 695-b. Authorization of programs. 1. The department is hereby\\nauthorized to contract, within amounts appropriated, for the provision\\nof rape crisis intervention and prevention programs as provided herein.\\nRules, regulations and guidelines as shall be necessary or appropriate\\nto assure successful implementation of this program shall be promulgated\\nby the department.\\n 2. Nothing contained in this section shall prohibit a program, with\\nthe approval of the department, from subcontracting for, or otherwise\\nensuring that the required services are available.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "695-C", "title" : "Technical assistance", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "695-C", "activeDate" : "2014-09-22", "sequenceNo" : 369, "repealedDate" : null, "fromSection" : "695-C", "toSection" : "695-C", "text" : " § 695-c. Technical assistance. The department shall provide or arrange\\nto provide technical assistance as requested and necessary to programs\\nto develop appropriate services and train staff, improve coordination\\nwith other appropriate support services, the criminal justice system and\\nother appropriate officials and services.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "695-E", "title" : "Assistance of other agencies", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "695-E", "activeDate" : "2014-09-22", "sequenceNo" : 370, "repealedDate" : null, "fromSection" : "695-E", "toSection" : "695-E", "text" : " § 695-e. Assistance of other agencies. To effectuate the purposes of\\nthis article, the department may request from any department, board,\\nbureau, commission or other agency of the state, and the same are\\nauthorized to provide, such assistance, services and data as will enable\\nthe department to assure that the provisions and intent of this article\\nare carried out.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 5 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A7", "title" : "Federal Grants-in-aid", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "7", "activeDate" : "2014-09-22", "sequenceNo" : 371, "repealedDate" : null, "fromSection" : "700", "toSection" : "703", "text" : " ARTICLE 7\\n FEDERAL GRANTS-IN-AID\\nSection 700. Federal aid; department to administer.\\n 701. Federal aid; powers and duties of commissioner.\\n 702. Federal aid; custody and payment of funds.\\n 703. Federal aid; allotments to municipalities and local health\\n districts.\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "700", "title" : "Federal aid; department to administer", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "700", "activeDate" : "2014-09-22", "sequenceNo" : 372, "repealedDate" : null, "fromSection" : "700", "toSection" : "700", "text" : " § 700. Federal aid; department to administer. 1. The department is\\nhereby designated as the agency of the state to administer the\\nprovisions of the federal social security act or any other act of the\\ncongress which relate to maternal and child health services, the care\\nand treatment of children with physical disabilities and other public\\nhealth work and to co-operate with the duly constituted federal\\nauthorities charged with the administration thereof.\\n 2. The commissioner is authorized and empowered to take such steps,\\nnot inconsistent with law, as may be necessary for the purpose of\\nprocuring for the people of this state all of the benefits and\\nassistance, financial and otherwise, provided, or to be provided for, by\\nor pursuant to any act of congress relating to maternal and child health\\nservices, care and treatment of children with physical disabilities and\\nother public health work.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "701", "title" : "Federal aid; powers and duties of commissioner", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "701", "activeDate" : "2014-09-22", "sequenceNo" : 373, "repealedDate" : null, "fromSection" : "701", "toSection" : "701", "text" : " § 701. Federal aid; powers and duties of commissioner. The\\ncommissioner is authorized and empowered:\\n (a) to receive and disburse pursuant to this article the federal-aid\\nmoneys allotted to the state by or pursuant to the federal social\\nsecurity act or any other act of the congress making appropriations for\\nallocation among the states for maternal and child health services, care\\nand treatment of children with physical disabilities and other state and\\nlocal public health work;\\n (b) on behalf of the state, to adopt, execute and administer plans and\\nto put into effect such measures as may be necessary for maternal and\\nchild health service, for the care and treatment of children with\\nphysical disabilities, and for other public health work in the state;\\n (c) on behalf of the state, to make and execute such contracts,\\nagreements, covenants or conditions, not inconsistent with law, as may\\nbe necessary or required by any duly constituted agency of the federal\\ngovernment as a condition precedent to receiving or in connection with\\nsuch benefits and assistance;\\n (d) to co-operate with all state or local authorities and agencies\\nauthorized under such acts of the congress to carry out the purposes\\nthereof;\\n (e) to adopt and from time to time to amend such rules and regulations\\nand to prescribe such conditions, not inconsistent with law, as may be\\nnecessary to make available to the people of the state the relief and\\nassistance afforded by such act of the congress;\\n (f) to enforce all of the provisions of this article and rules adopted\\npursuant hereto.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "702", "title" : "Federal aid; custody and payment of funds", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "702", "activeDate" : "2014-09-22", "sequenceNo" : 374, "repealedDate" : null, "fromSection" : "702", "toSection" : "702", "text" : " § 702. Federal aid; custody and payment of funds. 1. The department of\\ntaxation and finance is designated as custodian of all federal-aid funds\\nallotted to the state for the purposes of this article by the United\\nStates.\\n 2. Such funds shall be payable only on the audit and warrant of the\\ncomptroller on the certificate of the commissioner as provided in\\nsection one hundred ten of the state finance law.\\n 3. Subject to the rules and regulations of the commissioner, such\\nfunds may be allocated to any municipal corporation, including the city\\nof New York, and to any health district for the use of such municipal\\ncorporation or local health district in carrying out the purposes of\\nsuch act of the congress.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "703", "title" : "Federal aid; allotments to municipalities and local health districts", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "703", "activeDate" : "2014-09-22", "sequenceNo" : 375, "repealedDate" : null, "fromSection" : "703", "toSection" : "703", "text" : " § 703. Federal aid; allotments to municipalities and local health\\ndistricts. 1. Notwithstanding the provisions of any general, special or\\nlocal law, the governing body of any municipal corporation or of any\\nhealth district by a majority vote may authorize the proper officials of\\nsuch municipal corporation or local health district to accept grants or\\nallotments made to such municipal corporation or health district by the\\ncommissioner for the purpose of extending or improving within such\\nmunicipal corporation or local health district the maternal and child\\nhealth services, the care and treatment of children with physical\\ndisabilities, and other public health work.\\n 2. The commissioner is authorized and empowered to prescribe the terms\\nand conditions, not inconsistent with law, which must be fulfilled, and\\nthe standards of service which must be met by the authorities of any\\nmunicipal corporation or health district in order to receive such\\nallotment of federal-aid moneys.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 4 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A8", "title" : "State Health Research Council", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "8", "activeDate" : "2014-09-22", "sequenceNo" : 376, "repealedDate" : null, "fromSection" : "800", "toSection" : "803", "text" : " ARTICLE 8\\n STATE HEALTH RESEARCH COUNCIL\\nSection 800. State health research council.\\n 801. Organization; executive director.\\n 802. Powers and duties.\\n 803. Gender-specific questions on grant applications.\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "800", "title" : "State health research council", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "800", "activeDate" : "2014-09-22", "sequenceNo" : 377, "repealedDate" : null, "fromSection" : "800", "toSection" : "800", "text" : " § 800. State health research council. There is hereby established in\\nthe health department a state health research council. The council shall\\nconsist of the commissioners of health, mental hygiene, environmental\\nconservation, and education, the chancellor of the state university and\\nsuch other persons as the governor shall appoint, not exceeding\\ntwenty-nine in number inclusive of the ex-officio members. The chairman\\nof the council shall be appointed by the governor. All appointments to\\nthe council shall be upon the advice and consent of the senate. Members\\nshall serve for three-year terms; provided, however, that of the members\\nfirst appointed pursuant to this section, ten shall serve for a term of\\none year only, and ten shall serve for a term of two years only.\\nMembers of the council shall receive no compensation for their services\\nas members, but shall be allowed their actual and necessary expenses\\nincurred in the performance of their duties. The principal office of the\\ncouncil shall be located in the county of Albany.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "801", "title" : "Organization; executive director", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "801", "activeDate" : "2014-09-22", "sequenceNo" : 378, "repealedDate" : null, "fromSection" : "801", "toSection" : "801", "text" : " § 801. Organization; executive director. The council may organize into\\nsuch organizational units as the members determine to be necessary. The\\nchairman shall appoint an executive director for the council. The\\ndepartment and any institute created by this chapter are authorized to\\nsupply such staff and services to the council as may be necessary for\\nthe council to fulfill its functions under this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "802", "title" : "Powers and duties", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2017-08-04" ], "docLevelId" : "802", "activeDate" : "2017-08-04", "sequenceNo" : 379, "repealedDate" : null, "fromSection" : "802", "toSection" : "802", "text" : " § 802. Powers and duties. 1. The council shall have the power and duty\\nto:\\n a. identify strategic areas for health research;\\n b. conduct ongoing surveys of the state allocation of health research\\nsources;\\n c. develop health research programs and establish priorities for such\\nprograms;\\n d. assure that women's health needs as well as men's have been\\nconsidered in research programs which the council develops and in the\\npriorities it establishes;\\n e. review and disseminate the results of health research programs;\\n f. stimulate independent health research;\\n g. coordinate health research within New York state to avoid\\nunnecessary duplication of effort and facilities;\\n h. encourage health research in designated priority areas by assisting\\nresearch projects in obtaining grants or fellowships;\\n i. develop a model health research plan for the state;\\n j. hold meetings at least semiannually. Special meetings may be called\\nby the chairman;\\n k. encourage education and training in the area of health research;\\n l. accept on behalf of the state any grant, gift, devise or bequest,\\nmade to the health research council; and to cause the department of\\ntaxation and finance to establish from all such monies a special trust\\nfund to be used under the direction of the council for the purpose of\\nhealth research and training. Such grants, gifts, devises or bequests\\nshall be accepted subject to the provisions of section fifty-three-a of\\nthe state finance law and subject to audit by the state comptroller;\\n m. make rules and regulations for the exercise of the council's powers\\nand performance of its duties in order to carry out the provisions of\\nthis article; and\\n n. exercise and perform such other functions, powers, and duties as\\nmay from time to time be conferred or imposed by law.\\n 2. For the purposes of this section research shall not include the\\nactual delivery of health care or equipment for health care provided by\\nexisting institutes established by this chapter to conduct research,\\nscientific investigations, seek methods of medical care or provide for\\nthe treatment of patients.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "803", "title" : "Gender-specific questions on grant applications", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "803", "activeDate" : "2014-09-22", "sequenceNo" : 380, "repealedDate" : null, "fromSection" : "803", "toSection" : "803", "text" : " § 803. Gender-specific questions on grant applications. In order to\\nobtain reliable and comprehensive data on the health needs of women as\\nwell as to ensure that women's health needs are served, in developing\\ngrant applications and consistent with the objectives and nature of the\\nstudies and research project, the department of health shall include\\ngender-specific questions to determine whether the research and studies\\nwill impact primarily men or women and whether there are significant\\ndifferences between the sexes in the outcome of the research or studies.\\n For purposes of this section, studies and research shall mean any\\nstudies or research for which the department of health provides funds.\\nIt shall not apply to any grant for which there are contrary indications\\nin federal regulations.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 4 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A9", "title" : "Primary Care Education and Training", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "9", "activeDate" : "2014-09-22", "sequenceNo" : 381, "repealedDate" : null, "fromSection" : "900", "toSection" : "907", "text" : " ARTICLE 9\\n PRIMARY CARE EDUCATION AND TRAINING\\nSection 900. Short title.\\n 901. Definitions.\\n 902. Grants for primary care undergraduate medical education.\\n 903. Primary care physician loan repayment program.\\n 904. Primary care practitioner scholarship program.\\n 905. Grants for primary care practitioner education.\\n 906. Grants for minority participation in medical education.\\n 907. Reports.\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "900", "title" : "Short title", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "900", "activeDate" : "2014-09-22", "sequenceNo" : 382, "repealedDate" : null, "fromSection" : "900", "toSection" : "900", "text" : " § 900. Short title. This article shall be known and may be cited as\\nthe \"primary care education and training act.\"\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "901", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "901", "activeDate" : "2014-09-22", "sequenceNo" : 383, "repealedDate" : null, "fromSection" : "901", "toSection" : "901", "text" : " § 901. Definitions. The following words or phrases as used in this\\narticle shall have the following meanings:\\n 1. \"Continuity experience\" means that site where a resident spends at\\nleast twenty percent of his or her training providing primary care\\nservices to a panel of patients who are followed by such resident\\nthroughout his or her training.\\n 2. \"Council\" means the New York state council on graduate medical\\neducation.\\n 3. \"President\" means the president of the New York state higher\\neducation services corporation.\\n 4. \"Primary care practitioner program\" means a full or part-time\\ngraduate, undergraduate or certificate course of study, approved or\\nregistered by the regents or a program registered by the department of\\neducation or determined by the department of education to be the\\nequivalent required to practice as a licensed or certified primary care\\npractitioner.\\n 5. \"Primary care medical training program\" means a graduate medical\\neducation training program in New York state defined by the\\ncommissioner, in consultation with the council, pursuant to regulations,\\nas providing appropriate training in primary care medicine.\\n 6. \"Underserved area\" means an area or medically underserved\\npopulation designated by the commissioner pursuant to regulation, and in\\nconsultation with the respective health systems agency, as having a\\nshortage of primary care physicians or primary care practitioners.\\n 7. \"Primary care practitioner\" means a midwife, nurse practitioner, or\\nphysician assistant who is licensed or certified to practice in New York\\nstate and who provides or arranges for coordinated primary care\\nservices.\\n 8. \"Primary care physician\" means a physician specialist in the field\\nof family practice, general pediatrics, primary care internal medicine\\nor primary care obstetrics and gynecology; who provides coordinated\\nprimary care services.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "902", "title" : "Grants for primary care undergraduate medical education", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "902", "activeDate" : "2014-09-22", "sequenceNo" : 384, "repealedDate" : null, "fromSection" : "902", "toSection" : "902", "text" : " § 902. Grants for primary care undergraduate medical education. 1.\\nThe commissioner, in collaboration with the commissioner of education,\\nis authorized, within amounts available pursuant to subdivision\\nnineteen-a of section twenty-eight hundred seven-c of this chapter, to\\nmake grants to medical schools located in New York state in order to\\nenhance the study of primary care, to increase the opportunities for\\nundergraduate medical education in primary care at community-based sites\\nand encourage the training of primary care physicians.\\n 2. Grant proceeds may be used for faculty development; costs incurred\\nteaching medical students at community-based sites, including, but not\\nlimited to, personnel, administration, and student-related expenses;\\nexpansion or development of programs that train primary care physicians;\\nand other innovative programs designed to increase the number of medical\\nstudents choosing primary care.\\n 3. Such grants shall be awarded on a competitive basis in amounts not\\nto exceed five hundred thousand dollars through a request for\\napplication process. In making awards, consideration shall be given to\\napplicants who:\\n (a) apply in collaboration with community-based providers;\\n (b) make complementary efforts to enhance their curriculum in primary\\ncare;\\n (c) make complementary efforts to recruit qualified faculty in primary\\ncare education;\\n (d) make complementary efforts to reduce the percentage of students\\ngraduating in non-primary care specialties; and\\n (e) make complementary efforts to match such award from funds raised\\nthrough non-public sources.\\n 4. The intent of this program is to augment or increase primary care\\nundergraduate medical training. Grant funding shall not be used to\\noffset existing expenditures that the medical school has obligated or\\nintends to obligate for primary care training programs.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "903", "title" : "Primary care physician loan repayment program", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "903", "activeDate" : "2014-09-22", "sequenceNo" : 385, "repealedDate" : null, "fromSection" : "903", "toSection" : "903", "text" : " § 903. Primary care physician loan repayment program. 1. The\\ncommissioner, in collaboration with the commissioner of education and\\nthe president of the higher education services corporation, is\\nauthorized and directed to establish a physician loan repayment program\\nto encourage medical students to enter primary care specialties and to\\nserve underserved areas and populations.\\n 2. The commissioner is authorized, within amounts available pursuant\\nto subdivision nineteen-a of section twenty-eight hundred seven-c and\\nsection twenty-eight hundred seven-l of this chapter, to make loan\\nrepayment awards as follows:\\n (a) beginning January first, nineteen hundred ninety-four, to any\\nresident who first entered a primary care medical training program on or\\nafter January first, nineteen hundred ninety-four in the second or third\\nyear of such program; provided such resident agrees to practice primary\\ncare in an underserved area in New York state for one year for each such\\nannual award received, with such practice beginning immediately after\\ncompletion of such residency training. Such resident shall be eligible\\nfor an award of up to ten thousand dollars per year and beginning\\nJanuary first, nineteen hundred ninety-seven of up to fifteen thousand\\ndollars per year; and\\n (b) beginning January first, nineteen hundred ninety-five, to a\\nprimary care physician, emergency medicine physician or other physician\\nspecialty determined by the commissioner to be in short supply, licensed\\nto practice medicine in New York state, who agrees to practice for at\\nleast two years in an underserved area. Such physician shall be eligible\\nfor a loan repayment award of up to ten thousand dollars per year and\\nbeginning January first, nineteen hundred ninety-seven of up to fifteen\\nthousand dollars per year for each of the first two years of practice in\\nsuch area; provided, however, if such physician agrees to practice for\\nan additional two years in such area, then such physician shall be\\neligible for an award of up to fifteen thousand dollars per year and\\nbeginning January first, nineteen hundred ninety-seven of up to twenty\\nthousand dollars per year for each of the second two years of such\\npractice.\\n 3. Loan repayment awards made to a physician pursuant to subdivision\\ntwo of this section shall not exceed the total qualifying outstanding\\ndebt of the physician from student loans to cover tuition and other\\nrelated educational expenses, made by or guaranteed by the federal or\\nstate government, or made by a lending or educational institution\\napproved under title IV of the federal higher education act. Loan\\nrepayment awards shall be used solely to repay such outstanding debt.\\n 4. Within such time as the commissioner shall by regulation provide, a\\nrecipient of an award shall have practiced as a primary care physician\\nin an underserved area in the state of New York or, in the case of a\\nrecipient of an award after completion of residency training, the\\nrecipient shall have practiced in an underserved area for that number of\\nmonths calculated by multiplying by twelve the number of annual awards\\nreceived by the recipient. If a recipient fails to comply fully with\\nsuch conditions, the president shall be entitled to receive from such\\nrecipient an amount to be determined by the formula:\\n A = 2B(t-s)\\n -----\\n t\\nIn which \"A\" is the amount the president is entitled to recover, \"B\" is\\nthe sum of all payments made to the recipient and the interest on such\\namount which would be payable if at the times such awards were paid they\\nwere loans bearing interest at the maximum prevailing rate; \"t\" is the\\ntotal number of months in the recipient's period of obligated services;\\nand \"s\" is the number of months of services actually rendered by the\\nrecipient. Any amount which the president is entitled to recover under\\nthis subdivision shall be paid within the five-year period beginning on\\nthe date that the recipient failed to comply with this condition. Any\\nobligation to comply with such provisions shall be canceled upon the\\ndeath of the recipient. The commissioner of health shall promulgate\\nregulations to provide for the waiver or suspension of any financial\\nobligation when compliance would involve extreme hardship.\\n 5. The commissioner is authorized to apply any funds available for\\npurposes of subdivision two of this section for use as matching funds\\nfor federal grants for the purpose of assisting states in operating loan\\nrepayment programs pursuant to section three hundred thirty-eight I of\\nthe public health service act.\\n 6. The commissioner, in consultation with the council, shall\\npromulgate regulations necessary to effectuate the provisions and\\npurposes of this section.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "904", "title" : "Primary care practitioner scholarship program", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "904", "activeDate" : "2014-09-22", "sequenceNo" : 386, "repealedDate" : null, "fromSection" : "904", "toSection" : "904", "text" : " § 904. Primary care practitioner scholarship program. 1. The\\ncommissioner, in collaboration with the commissioner of education and\\nthe president of the higher education services corporation, is\\nauthorized and directed to establish a primary care practitioner\\nscholarship program to provide financial support to applicants to enter\\nor continue in a primary care practitioner program and who agree to\\nserve in underserved areas of New York state.\\n 2. The commissioner is authorized, within amounts available pursuant\\nto subdivision nineteen-a of section twenty-eight hundred seven-c and\\nsection twenty-eight hundred seven-l of this chapter, to make\\nscholarship awards pursuant to this section.\\n 3. A scholarship recipient shall (a) be a resident of New York state\\nwho attends or plans to attend a primary care practitioner program; and\\n(b) agree to practice as a primary care practitioner in an underserved\\narea of New York state.\\n 4. In selecting students to be awarded scholarships, preference shall\\nbe given to students who attend or plan to attend a primary care\\npractitioner program located in New York state. Priority in the\\nselection of recipients shall be given to recipients applying for second\\nyear funding. Scholarships shall be awarded competitively using\\nselection criteria that include, but are not limited to: academic\\nperformance, previous work experience in their chosen profession, and a\\ndemonstrated interest or commitment in working with underserved\\npopulations or in underserved areas.\\n 5. Within such time as the commissioner shall by regulation provide, a\\nrecipient of an award shall agree to practice in an underserved area of\\nthis state for a period of eighteen months for each annual award to be\\nreceived by the recipient. In no case shall the total number of months\\nof service be less than eighteen. The commissioner shall secure from\\neach recipient a written agreement to:\\n (a) provide primary care services in an area designated as having a\\nshortage of primary care practitioners;\\n (b) work in a practice site that accepts payment on behalf of\\nbeneficiaries of title XVIII of the federal social security act\\n(medicare) and individuals eligible for medical assistance pursuant to\\ntitle eleven of article five of the social services law; and\\n (c) provide thirty-five hours per week of direct patient care in the\\ndesignated shortage area being served.\\n 6. If a recipient fails to comply fully with such conditions, the\\npresident shall be entitled to receive from such recipient an amount to\\nbe determined by the formula:\\n A = 2B(t-s)\\n -----\\n t\\nin which \"A\" is the amount the president is entitled to recover, \"B\" is\\nthe sum of all awards made to the recipient and the interest on such\\namount which would be payable if at the times such awards were paid they\\nwere loans bearing interest at the maximum prevailing rate; \"t\" is the\\ntotal number of months in the recipient's period of obligated services;\\nand \"s\" is the number of months of service actually rendered by the\\nrecipient. Any amount which the president is entitled to recover under\\nthis paragraph shall be paid within the five-year period beginning on\\nthe date that the recipient failed to comply with this service\\ncondition. Nothing in the written agreement shall affect the terms of\\nemployment of the individual who shall negotiate, separate and apart\\nfrom the program, his or her salary and other forms of employment with\\nan agency, institution or a program in which he or she shall be\\nemployed. Any obligation to comply with such provisions as outlined in\\nthis section shall be canceled upon the death of the recipient. The\\ncommissioner shall promulgate regulations to provide for the waiver or\\nsuspension of any financial obligation when compliance would involve\\nextreme hardship.\\n 7. A recipient of an award shall report annually to the New York state\\nhigher education services corporation, on forms prescribed by the\\npresident, as to the performance of the required services, commencing\\nwith the calendar year in which the recipient begins to provide primary\\ncare services in an underserved area and continuing until the recipient\\nshall have completed, or until it is determined that he or she shall not\\nbe obligated to complete, the required services. If the recipient shall\\nfail to file any report required hereunder within thirty days of written\\nnotice to the recipient, mailed to the address shown on the last\\napplication for an award or last report filed, whichever is later, the\\npresident of the corporation may impose a fine of up to one thousand\\ndollars. The president shall have the discretion to waive the filing of\\na report, excuse a delay in filing or a failure to file a report, or\\nwaive or reduce any fine imposed for good cause shown.\\n 8. The commissioner is authorized to apply any funds available for\\npurposes of subdivision two of this section for use as matching funds\\nfor the federal community scholarship programs grants pursuant to\\nsection three hundred thirty-eight L of the public health service act.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "905", "title" : "Grants for primary care practitioner education", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "905", "activeDate" : "2014-09-22", "sequenceNo" : 387, "repealedDate" : null, "fromSection" : "905", "toSection" : "905", "text" : " § 905. Grants for primary care practitioner education. 1. The\\ncommissioner in collaboration with the commissioner of education is\\nauthorized, within amounts available pursuant to subdivision nineteen-a\\nof section twenty-eight hundred seven-c of this chapter, to make grants\\nto colleges, universities or hospital-based training programs within New\\nYork state to establish or expand training programs for nurse\\npractitioners, physician assistants or midwives, and to increase the\\nopportunities for practitioner education in primary care at\\ncommunity-based sites.\\n 2. Grant funds may be used for administration, faculty recruitment and\\ndevelopment, start-up costs and costs incurred teaching primary care\\npractitioners at community-based sites, including, but not limited to,\\npersonnel, administration and student related expenses and other\\nexpenses judged reasonable and necessary by the commissioner.\\n 3. Grants shall be awarded on a competitive basis in amounts not to\\nexceed two hundred fifty thousand dollars through a request for\\napplication process. In making awards, the commissioner shall consider:\\n (a) the need for primary care practitioners in the region in which the\\napplicant is located;\\n (b) the cost-effectiveness of the proposal; and\\n (c) the applicant's commitment to place graduates in primary care\\nsettings and/or underserved areas.\\n 4. The intent of the program is to augment or increase training\\nprograms for nurse practitioners, physician assistants and midwives.\\nGrant funding shall not be used to offset existing expenditures the\\ninstitution or program has obligated or intends to obligate for such\\ntraining programs.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "906", "title" : "Grants for minority participation in medical education", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "906", "activeDate" : "2014-09-22", "sequenceNo" : 388, "repealedDate" : null, "fromSection" : "906", "toSection" : "906", "text" : " § 906. Grants for minority participation in medical education. 1. The\\ncommissioner, in collaboration with the commissioner of education,\\nwithin amounts available pursuant to subdivision nineteen-a of section\\ntwenty-eight hundred seven-c and section twenty-eight hundred seven-l of\\nthis chapter, is authorized to make grants to encourage minority\\nparticipation in medicine.\\n 2. Grants shall be awarded through a request for application process\\nfor the following purposes:\\n to medical schools located in New York state or primary care medical\\ntraining programs to encourage minority participation in medical\\neducation, which may include programs to enhance minority recruitment\\nand retention, minority student mentoring programs, development of\\nmedical career pathways for minority students, and development of\\nminority faculty role models.\\n 3. The intent of this program is to augment or increase minority\\nparticipation in medical education. Grants funding shall not be used to\\noffset existing expenditures which the grantee has obligated for\\nminority participation in medical education.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "907", "title" : "Reports", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "907", "activeDate" : "2014-09-22", "sequenceNo" : 389, "repealedDate" : null, "fromSection" : "907", "toSection" : "907", "text" : " § 907. Reports. The commissioner, in conjunction with the commissioner\\nof education, shall prepare and submit a report to the governor and the\\nlegislature, due on February first, nineteen hundred ninety-five,\\nreporting the results and evaluating the effectiveness of the New York\\nstate primary care education and training act, including recommendations\\nfor the placement of primary care physicians and primary care\\npractitioners in underserved areas.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 8 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A9-A", "title" : "New York State Small Business Health Insurance Partnership Program", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "9-A", "activeDate" : "2014-09-22", "sequenceNo" : 390, "repealedDate" : null, "fromSection" : "921", "toSection" : "922", "text" : " ARTICLE 9-A\\n NEW YORK STATE SMALL BUSINESS HEALTH INSURANCE PARTNERSHIP PROGRAM\\nSection 921. Definitions.\\n 922. New York state small business health insurance partnership\\n program.\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "921", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "921", "activeDate" : "2014-09-22", "sequenceNo" : 391, "repealedDate" : null, "fromSection" : "921", "toSection" : "921", "text" : " § 921. Definitions. For the purposes of this article, unless the\\ncontext clearly requires otherwise:\\n 1. \"Applicant\" means an eligible employer which submits an application\\nunder subdivision two of section nine hundred twenty-two of this\\narticle.\\n 2. \"Eligible employer\" means a sole proprietor or an employer of\\nbetween one and fifty full-time employees, who has not within the\\ntwelve-month period prior to the effective date of this section\\nprovided group health insurance benefits to any employee associated\\nwith the employers' business.\\n 3. \"Small business health insurance partnership program\" means a\\nprogram which assists employers in providing health care coverage under\\nsubdivision two of section nine hundred twenty-two of this article.\\n 4. \"Small group health insurance policy\" means a group health\\ninsurance policy or comprehensive health services plan issued on a\\ncommunity-rated, open-enrolled basis pursuant to article thirty-two or\\nforty-three of the insurance law by an insurer licensed pursuant to\\narticle forty-one or forty-two of the insurance law, a corporation\\norganized pursuant to article forty-three of the insurance law, or a\\nhealth maintenance organization certified pursuant to article forty-four\\nof the public health law; provided, however, in no event shall premiums\\nbe used to purchase riders to policies or to purchase non-comprehensive\\npolicies.\\n 5. \"Incentive payment\" means the payment of the portion of the premium\\nfor a small group health insurance policy obtained through the small\\nbusiness health insurance partnership program.\\n 6. \"Partnership certificate\" means a certificate evidencing the\\napproval of an application from an eligible employer which is issued\\nprior to January first, two thousand.\\n 7. \"Full-time employee\" means an employee who works twenty or more\\nhours per week.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "922", "title" : "New York state small business health insurance partnership program", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "922", "activeDate" : "2014-09-22", "sequenceNo" : 392, "repealedDate" : null, "fromSection" : "922", "toSection" : "922", "text" : " § 922. New York state small business health insurance partnership\\nprogram. 1. The commissioner is authorized to the extent of funds\\navailable therefor to establish the New York state small business health\\ninsurance partnership program.\\n 2. New York state small business health insurance partnership program.\\n(a) A small business health insurance partnership program shall assist\\neligible employers in purchasing small group health insurance policies\\nfor their full-time employees and dependents.\\n (b) An eligible employer may apply to the commissioner for approval in\\nthe small business health insurance partnership program by submitting an\\napplication on a form prescribed by the commissioner. The information\\nrequired on such application shall include, but not be limited to:\\n (i) the name and address of the employer and the nature of the\\nbusiness;\\n (ii) the names and salaries of the employer and employees;\\n (iii) an affidavit by the employer that employer-provided health\\ninsurance benefits have not been provided to employees in the\\ntwelve-month period prior to the effective date of this article; and\\n (iv) such other information as the commissioner may require.\\n (c) Upon reviewing the applications from eligible small employers, the\\ncommissioner shall, within the amount appropriated for such purpose,\\naward partnership certificates to employers which meet the eligibility\\nrequirements; provided however, no partnership certificates will be\\nawarded by the commissioner on and after January first, two thousand.\\nIn addition to evidencing approval of an eligible employer, the\\ncertificate shall state the amount of a small business health insurance\\npartnership incentive payment for a small group health insurance policy,\\nwhich in no event may exceed forty-five percent of the premium costs for\\ngroup health care coverage for employees and their dependents. Employees\\nmay be required to make contributions to the payment of premium costs\\nunder this program at the option of the employer, but in no event shall\\nsuch contribution exceed ten percent of the premium costs. Premium costs\\nincurred by an employer for small group health insurance coverage for\\nofficers and directors of an employer and others with a proprietary or\\nownership interest in the employer may be eligible for an incentive\\npayment to offset premium costs; provided, however, that the gross\\nhousehold income of such officers and directors or others with a\\nproprietary or ownership interest is at or below two hundred twenty-two\\npercent of the non-farm federal poverty level and provided further that\\none or more employees and their dependents proposed to be covered by\\nsuch group health care coverage are unrelated to such officers,\\ndirectors or other persons with a proprietary or ownership interest. If\\nafter joining the program an employer participating in a small business\\ninsurance partnership program hires more employees so that the employer\\nhas more than fifty full-time employees at any one time, the employer\\nmay continue in the program but the premium costs attributable to the\\nadditional employees in excess of fifty or their families shall not be\\neligible for incentive payments.\\n (d) In approving partnership certificates for eligible small employers\\nprior to January first, two thousand, the commissioner shall:\\n (i) first approve applications from eligible employers currently\\nreceiving assistance through a small business health insurance program\\ncreated by the expanded health care coverage act authorized pursuant to\\nchapter seven hundred three of the laws of nineteen hundred\\neighty-eight; and\\n (ii) give preference to eligible employers with the lowest average\\nsalaries and base the amount of the certificate on the salaries received\\nby the employer and employees in order to maximize the impact of the\\nsmall business partnership premium payments.\\n (e) Upon receipt of a partnership certificate from the commissioner,\\nan approved eligible employer may obtain a small group health insurance\\npolicy from the insurer, health maintenance organization or corporation\\nof its choice. No such insurer, health maintenance organization or\\ncorporation shall refuse to accept a small employer holding a valid\\npartnership certificate and such insurer, organization or corporation\\nshall arrange for the payment of the small employer's share of the small\\ngroup health insurance policy or comprehensive health services plan\\npremium. The approved applicant shall make available upon request from\\nthe commissioner information regarding continued eligibility in the\\nprogram.\\n The commissioner shall, within amounts available therefor, on a\\ncompetitive bid process, contract with organizations for purposes of\\npublic education, outreach and recruitment of eligible businesses,\\nincluding the distribution of applications and information regarding\\nenrollment. The organizations shall include, but not be limited to:\\ncommunity based organizations such as chambers of commerce or trade\\norganizations, diagnostic and treatment centers, hospitals, and other\\nsuch organizations which engage in outreach and marketing activities. In\\nno event shall the amount available for education, outreach, and\\nrecruitment exceed two percent of the total amount available for the\\npurposes of this section.\\n (f) The commissioner, by rules and regulations, adopted by the\\ncommissioner shall establish the procedure by which insurers,\\ncorporations and organizations issuing small group health insurance\\npolicies under this article may redeem a certificate or certificates for\\nthe portion of the premium not paid by the employer, but in no event\\nshall such redemption occur on less than a quarterly basis.\\n Any business which, with the intent to obtain benefits, willfully\\nmisstates information required for application for participation in the\\nNew York state health insurance partnership program or willfully fails\\nto notify the commissioner or the commissioner's designee of any change\\nin status which makes the business ineligible for the program, shall\\nrepay such incentive payments paid on behalf of its employees or program\\nparticipants for health coverage through the New York state health\\ninsurance partnership program.\\n (g) Notwithstanding any inconsistent provision of law or regulation to\\nthe contrary, benefits under the small business health insurance\\npartnership program shall be considered secondary to any other plan of\\ninsurance or benefit program under which a person may have coverage.\\n (h) On or before April first, nineteen hundred ninety-seven, and\\nannually thereafter through April first, two thousand, the commissioner\\nshall submit a report on the small business health insurance partnership\\nprogram to the governor, the speaker of the assembly and the majority\\nleader of the senate. Such report shall include, but not be limited to:\\n (i) the number of employers and employees able to purchase small group\\nhealth insurance policies under the program;\\n (ii) the location and the nature of the business of such employers;\\nand\\n (iii) recommendations for any changes which would improve the program.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 2 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A9-B", "title" : "Primary Care Service Corps Practitioner Loan Repayment Program", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "9-B", "activeDate" : "2014-09-22", "sequenceNo" : 393, "repealedDate" : null, "fromSection" : "923", "toSection" : "924", "text" : " ARTICLE 9-B\\n PRIMARY CARE SERVICE CORPS PRACTITIONER LOAN REPAYMENT\\n PROGRAM\\nSection 923. Definitions.\\n 924. Primary care service corps practitioner loan repayment\\n program.\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "923", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "923", "activeDate" : "2014-09-22", "sequenceNo" : 394, "repealedDate" : null, "fromSection" : "923", "toSection" : "923", "text" : " § 923. Definitions. The following words or phrases as used in this\\nsection shall have the following meanings:\\n 1. \"Underserved area\" means an area or medically underserved\\npopulation designated by the commissioner as having a shortage of\\nprimary care physicians, other primary care practitioners, dental\\npractitioners or mental health practitioners.\\n 2. \"Primary care service corps practitioner\" means a physician\\nassistant, nurse practitioner, midwife, general or pedodontic dentist,\\ndental hygienist, clinical psychologist, licensed clinical social\\nworker, psychiatric nurse practitioner, licensed marriage and family\\ntherapist, or a licensed mental health counselor, who is licensed,\\nregistered, or certified to practice in New York state and who provides\\ncoordinated primary care services, including, but not limited to, oral\\nhealth and mental health services and meets the national health service\\ncorps state loan repayment program eligibility criteria.\\n 3. \"Physician assistant\" means a person who has been registered as\\nsuch pursuant to article one hundred thirty-one-B of the education law\\nand meets the national health service corps state loan repayment program\\neligibility criteria.\\n 4. \"Nurse practitioner\" means a person who has been certified as such\\npursuant to section sixty-nine hundred ten of the education law and\\nmeets the national health service corps state loan repayment program\\neligibility criteria.\\n 5. \"Midwife\" means a person who has been licensed as such pursuant to\\nsection sixty-nine hundred fifty-five of the education law and meets the\\nnational health service corps state loan repayment program eligibility\\ncriteria.\\n 6. \"Psychologist\" means a person who has been licensed as such\\npursuant to section seventy-six hundred three of the education law and\\nmeets the national health service corps state loan repayment program\\neligibility criteria.\\n 7. \"Licensed clinical social worker\" means a person who has been\\nlicensed as such pursuant to section seventy-seven hundred two of the\\neducation law and meets the national health service corps state loan\\nrepayment program eligibility criteria.\\n 8. \"Psychiatric nurse practitioner\" means a nurse practitioner who, by\\nreason of training and experience, provides a full spectrum of\\npsychiatric care, assessing, diagnosing, and managing the prevention and\\ntreatment of psychiatric disorders and mental health problems and meets\\nthe national health service corps state loan repayment program\\neligibility criteria.\\n 9. \"Licensed marriage and family therapist\" means a person who has\\nbeen licensed as such pursuant to section eighty-four hundred three of\\nthe education law and meets the national health service corps state loan\\nrepayment program eligibility criteria.\\n 10. \"Licensed mental health counselor\" means a person who has been\\nlicensed as such pursuant to section eighty-four hundred two of the\\neducation law and meets the national health service corps state loan\\nrepayment program eligibility criteria.\\n 11. \"General or pedodontic dentist\" means a person who has been\\nlicensed or otherwise authorized to practice dentistry pursuant to\\narticle one hundred thirty-three of the education law excluding\\northodontists, endodontists and periodontists and meets the national\\nhealth service corps state loan repayment program eligibility criteria.\\n 12. \"Dental hygienist\" means a person who is licensed to practice\\ndental hygiene pursuant to section sixty-six hundred nine of the\\neducation law and meets the national health service corps state loan\\nrepayment program eligibility criteria.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "924", "title" : "Primary care service corps practitioner loan repayment program", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "924", "activeDate" : "2014-09-22", "sequenceNo" : 395, "repealedDate" : null, "fromSection" : "924", "toSection" : "924", "text" : " § 924. Primary care service corps practitioner loan repayment program.\\n1. Notwithstanding any contrary provision of this section, sections one\\nhundred twelve and one hundred sixty-three of the state finance law, or\\nany other contrary provision of law, the commissioner is authorized,\\nwithin amounts available therefor, to make loan repayment awards to\\neligible primary care service corps practitioners who agree to practice\\nfull-time in an underserved area in New York state, in amounts to be\\ndetermined by the commissioner, but not to exceed thirty-two thousand\\ndollars per year for any year in which such practitioners provide\\nfull-time eligible obligated service, without competitive bid or request\\nfor proposal process.\\n 2. Loan repayment awards made to a primary care service corps\\npractitioner pursuant to subdivision one of this section shall not\\nexceed the total qualifying outstanding debt of the practitioner from\\nstudent loans to cover tuition and other related educational expenses,\\nmade by or guaranteed by the federal or state government, or made by a\\nlending or educational institution approved under title IV of the\\nfederal higher education act. Loan repayment awards shall be used solely\\nto repay such outstanding debt.\\n 3. In the event that any commitment pursuant to the agreement\\nreferenced in subdivision one of this section is not fulfilled, the\\nrecipient shall be responsible for repayment in amounts which shall be\\ncalculated in accordance with the formula set forth in subdivision (b)\\nof section two hundred fifty-four-o of title forty-two of the United\\nStates Code, as amended.\\n 4. The commissioner is authorized to apply any funds available for\\npurposes of subdivision one of this section for use as matching funds\\nfor any available federal grants for the purpose of assisting states in\\noperating loan repayment programs.\\n 5. The commissioner may postpone, change or waive the service\\nobligation and repayments amounts set forth in subdivisions one and\\nthree of this section, respectively, in individual circumstances where\\nthere is compelling need or hardship.\\n 6. In order to be eligible to receive a loan repayment award under\\nthis section, a primary care service corps practitioner must meet site\\nand service eligibility criteria as determined by the commissioner.\\n 7. The commissioner shall promulgate regulations necessary to\\neffectuate the provisions and purposes of this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 2 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A11", "title" : "Public Water Supplies; Sewerage and Sewage Control", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22", "2016-09-09", "2017-04-28", "2018-04-20", "2023-12-22" ], "docLevelId" : "11", "activeDate" : "2018-04-20", "sequenceNo" : 396, "repealedDate" : null, "fromSection" : "1100", "toSection" : "1169", "text" : " ARTICLE 11\\n PUBLIC WATER SUPPLIES; SEWERAGE AND SEWAGE CONTROL\\nTitle I. Potable waters (§§ 1100--1114-a).\\n II. Realty subdivisions: water supply (§§ 1115-1120).\\n II-A. Water Supply Emergency Plans (§ 1125).\\n III. Annual water supply statement (§§ 1150-1153).\\n IV. Drinking water revolving fund (§§ 1160-1169).\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A11T1", "title" : "Potable Waters", "docType" : "TITLE", "publishedDates" : [ "2014-09-22", "2016-09-09", "2017-04-28", "2018-04-20", "2023-12-22" ], "docLevelId" : "1", "activeDate" : "2018-04-20", "sequenceNo" : 397, "repealedDate" : null, "fromSection" : "1100", "toSection" : "1114-A", "text" : " TITLE I\\n POTABLE WATERS\\nSection 1100. Rules and regulations of the department.\\n 1100-a. Fluoridation.\\n 1101. Inspection.\\n 1102. Violation; injunction and abatement.\\n 1103. Violation; penalties.\\n 1104. Sewage removal or purification; condemnation of\\n property.\\n 1105. Sewage removal or purification; rights of property\\n owners.\\n 1106. Limitations; city of New York.\\n 1107. Orders of commissioner.\\n 1108. Powers and duties with respect to comprehensive public\\n water supply planning.\\n 1109. Standards for water reuse.\\n 1110. School potable water testing and standards.\\n 1112. Emerging contaminant monitoring.\\n 1113. Drinking water quality council; established.\\n 1114. Lead service line replacement grant program.\\n 1114-a. Voluntary public water system consolidation study.\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "1100", "title" : "Rules and regulations of the department", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1100", "activeDate" : "2014-09-22", "sequenceNo" : 398, "repealedDate" : null, "fromSection" : "1100", "toSection" : "1100", "text" : " § 1100. Rules and regulations of the department. 1. The department\\nmay make rules and regulations for the protection from contamination of\\nany or all public supplies of potable waters and water supplies of the\\nstate or United States, institutions, parks, reservations or posts and\\ntheir sources within the state, and the commissioner of environmental\\nprotection of the city of New York and the board of water supply of the\\ncity of New York may make such rules and regulations subject to the\\napproval of the department for the protection from contamination of any\\nor all public supplies of potable waters and their sources within the\\nstate where the same constitute a part of the source of the public water\\nsupply of said city.\\n 2. Every such rule or regulation shall be published at least once in\\neach week for two consecutive weeks, in at least one newspaper of the\\ncounty where the waters to which it relates are located. The cost of\\nsuch publication shall be paid by the corporation, municipality, state\\nor United States or state or United States institution, park,\\nreservation or post benefited by the protection of the water supply to\\nwhich the rule or regulation published relates.\\n 3. The affidavit of the printer, publisher or proprietor of the\\nnewspaper in which such rule or regulation is published shall be filed,\\ntogether with the rule or regulation published, in the county clerk's\\noffice of such county, and such affidavit and rule and regulation shall\\nbe conclusive evidence of such publication, and of all the facts therein\\nstated in all courts and places.\\n 4. All rules and regulations heretofore duly made and published for\\nthe sanitary protection of public water supplies, pursuant to chapter\\nfive hundred forty-three of the laws of eighteen hundred eighty-five,\\nand chapter six hundred sixty-one of the laws of eighteen hundred\\nninety-three, as amended, are hereby legalized, ratified, confirmed and\\ncontinued in force, until new rules and regulations become operative.\\n 5. This section shall not be construed to repeal or affect any of the\\nprovisions of chapter three hundred seventy-eight of the laws of\\neighteen hundred ninety-seven, or its amendments.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "1100-A", "title" : "Fluoridation", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-05-01" ], "docLevelId" : "1100-A", "activeDate" : "2015-05-01", "sequenceNo" : 399, "repealedDate" : null, "fromSection" : "1100-A", "toSection" : "1100-A", "text" : " § 1100-a. Fluoridation. 1. Notwithstanding any contrary provision of\\nlaw, rule, regulation or code, any county, city, town or village that\\nowns both its public water system and the water supply for such system\\nmay by local law provide whether a fluoride compound shall be added to\\nsuch public water supply.\\n 2. Any county, wherein a public authority owns both its public water\\nsystem and the water supply for such system, may by local law provide\\nwhether a fluoride compound shall be added to such public water supply.\\n 3. No county, city, town or village, including a county wherein a\\npublic authority owns both its public water system and the water supply\\nfor such system, that fluoridates a public water supply or causes a\\npublic water supply to be fluoridated, shall discontinue the addition of\\na fluoride compound to such public water supply unless it has first\\ncomplied with the following requirements:\\n (a) issue a notice to the public of the preliminary determination to\\ndiscontinue fluoridation for comment, which shall include the\\njustification for the proposed discontinuance, alternatives to\\nfluoridation available, and a summary of consultations with health\\nprofessionals and the department concerning the proposed discontinuance.\\nSuch notice may, but is not required to, include publication in local\\nnewspapers. \"Consultations with health professionals\" may include formal\\nstudies by hired professionals, informal consultations with local public\\nhealth officials or other health professionals, or other consultations,\\nprovided that the nature of such consultations and the identity of such\\nprofessionals shall be identified in the public notice. \"Alternatives to\\nfluoridation\" may include formal alternatives provided by or at the\\nexpense of the county, city, town or village, or other alternatives\\navailable to the public. Any public comments received in response to\\nsuch notice shall be addressed by the county, city, town or village in\\nthe ordinary course of business; and\\n (b) provide the department at least ninety days prior written notice\\nof the intent to discontinue and submit a plan for discontinuance that\\nincludes but is not limited to the notice that will be provided to the\\npublic, consistent with paragraph (a) of this subdivision, of the\\ndetermination to discontinue fluoridation of the water supply, including\\nthe date of such discontinuance and alternatives to fluoridation, if\\nany, that will be made available in the community, and that includes\\ninformation as may be required under the Sanitary Code.\\n 4. The commissioner is hereby authorized, within amounts appropriated\\ntherefor, to make grants to counties, cities, towns or villages that own\\ntheir public water system and the water supply for such system,\\nincluding a county wherein a public authority owns both its public water\\nsystem and the water supply for such system, for the purpose of\\nproviding assistance towards the costs of installation, including but\\nnot limited to technical and administrative costs associated with\\nplanning, design and construction, and start-up of fluoridation systems,\\nand replacing, repairing or upgrading of fluoridation equipment for such\\npublic water systems. Grant funding shall not be available for\\nassistance towards the costs and expenses of operation of the\\nfluoridation system, as determined by the department. The grant\\napplications shall include such information as required by the\\ncommissioner. In making the grant awards, the commissioner shall\\nconsider the demonstrated need for installation of new fluoridation\\nequipment or replacing, repairing or upgrading of existing fluoridation\\nequipment, and such other criteria as determined by the commissioner.\\nGrant awards shall be made on a competitive basis and be subject to such\\nconditions as may be determined by the commissioner.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "1101", "title" : "Inspection", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1101", "activeDate" : "2014-09-22", "sequenceNo" : 400, "repealedDate" : null, "fromSection" : "1101", "toSection" : "1101", "text" : " § 1101. Inspection. 1. The person, officer, board or commission\\nhaving the management and control of the potable water supply of any\\nmunicipality, state or United States institution, park, reservation or\\npost, and in the city of New York, the commissioner of environmental\\nprotection, and the board of water supply of the city of New York, or\\nthe corporation furnishing such supply, may make such inspection of the\\nsources of such water supply as such person, officer, board, corporation\\nor commission deems advisable and to ascertain whether the rules or\\nregulations of the department, and of the commissioner of environmental\\nprotection of the city of New York, and of the board of water supply of\\nthe city of New York, are complied with, and shall make such regular or\\nspecial inspections as the commissioner, or the commissioner of\\nenvironmental protection of the city of New York, or the board of water\\nsupply of the city of New York, may prescribe.\\n 2. The authorities in charge of the water supply or their duly\\nauthorized representatives may without fee or hindrance, enter, examine\\nand survey all grounds, structures, buildings and places on the\\nwatershed tributary to the sources of such water supply in order to\\nascertain whether such rules or regulations are complied with.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "1102", "title" : "Violation; injunction and abatement", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1102", "activeDate" : "2014-09-22", "sequenceNo" : 401, "repealedDate" : null, "fromSection" : "1102", "toSection" : "1102", "text" : " § 1102. Violation; injunction and abatement. 1. If any inspection\\ndiscloses a violation of any rule or regulation promulgated pursuant to\\nsection one thousand one hundred of this chapter relating to a temporary\\nor permanent source or act of contamination, the person, officer, board,\\nor commission having the management and control of the potable water\\nsupply of the municipality, state or United States institution, park,\\nreservation or post, and in the city of New York, the commissioner of\\nenvironmental protection, and the board of water supply of the city of\\nNew York, or the corporation furnishing such supply shall cause a copy\\nof the rule or regulation violated to be served upon the person\\nviolating the same, with a notice of such violation. If the person\\nserved does not comply immediately with the rule or regulation violated,\\nsuch person, officer, board, corporation or commission, except in a case\\nconcerning the violation of a rule or regulation relating to a temporary\\nor permanent source or act of contamination affecting the potable water\\nsupply of the city of New York, shall notify the department of the\\nviolation.\\n 2. (a) Upon being notified of any violation as herein provided, the\\ndepartment shall examine immediately into such violation; and if the\\ndepartment finds such rule or regulation to have been violated, the\\ncommissioner shall order the local board of health of the health\\ndistrict wherein the violation or noncompliance occurs, to convene and\\nenforce compliance with such rule or regulation.\\n (b) If the local board of health of the health district wherein the\\nviolation or noncompliance occurs, fails to enforce the order of the\\ncommissioner within ten days after its receipt, the corporation\\nfurnishing such water supply or the municipality, state, or United\\nStates or state or United States institution, park, reservation or post\\nderiving its water supply from the waters to which such rule or\\nregulation relates, or the commissioner, or the local board of health of\\nthe health district wherein the water supply protected by these rules is\\nused, or any person interested in the protection of the purity of the\\nwater supply, may maintain an action in a court of record which shall be\\ntried in the county where the cause of action arose against such person,\\nfor the recovery of the penalties incurred by such violation, and for an\\ninjunction restraining the person violating such rule or regulation from\\nthe continued violation thereof.\\n 3. (a) If the person served with notice of violation does not comply\\nwithin five days with the rule or regulation violated, in case such rule\\nor regulation relates to a temporary or permanent source or act of\\ncontamination affecting the potable water supply of the city of New\\nYork, the commissioner of environmental protection of said city, or the\\nboard of water supply of the city of New York, may summarily enforce\\ncompliance with such rule or regulation and may summarily abate or\\nremove the cause of the violation of such rule or regulation or the\\nnuisance so created, and to that end may employ such force as may be\\nnecessary and proper; provided, however, that no building or improvement\\nshall be removed, disturbed or destroyed by the said commissioner of\\nenvironmental protection or the said board of water supply until he or\\nthey shall cause measurements to be made of the buildings and\\nphotographs of the exterior views thereof, which measurements and\\nphotographs shall be at the disposition thereafter of the owners or\\ntheir attorneys, and failure to exercise such right of abatement shall\\nnot be deemed a waiver thereof.\\n (b) Failure to comply within five days with such rule or regulation\\nshall further entitle the city of New York to maintain an action in any\\ncourt having jurisdiction thereof for the recovery of the penalties\\nincurred by such violation in an amount authorized by section one\\nthousand one hundred three of this title and for an injunction\\nrestraining the person from violating such rule or regulation, or\\ncreating or continuing such nuisance. The remedy by abatement herein\\nprovided for shall not be construed to be exclusive.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "1103", "title" : "Violation; penalties", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1103", "activeDate" : "2014-09-22", "sequenceNo" : 402, "repealedDate" : null, "fromSection" : "1103", "toSection" : "1103", "text" : " § 1103. Violation; penalties. 1. If a person or entity willfully\\nviolates any rule or regulation promulgated pursuant to section one\\nthousand one hundred of this title relating to a temporary or permanent\\nsource or act of contamination, such person or entity violating such\\nrule or regulation shall be liable to prosecution for a misdemeanor for\\nevery such violation, and on conviction thereof shall be punished by a\\nfine not exceeding one thousand dollars, or imprisonment not exceeding\\none year, or both.\\n 2. If a person or entity violates any rule or regulation promulgated\\npursuant to section one thousand one hundred of this title relating to a\\ntemporary or permanent source or act of contamination, the department\\nmay impose a civil penalty for the violation thereof or the\\nnoncompliance therewith, not exceeding two hundred dollars for every\\nsuch violation or noncompliance.\\n 3. For purposes of calculating the applicable civil penalty under this\\nsection, each day on which such violation occurred may be considered a\\nseparate incident. In addition, a court may order such person or entity\\nto make reparations for any permanent and/or substantial damage caused\\nas a direct result of such violation. For purposes of subdivision one of\\nthis section, restitution and reparation may be ordered in accordance\\nwith applicable provisions of the criminal procedure law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "1104", "title" : "Sewage removal or purification; condemnation of property", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1104", "activeDate" : "2014-09-22", "sequenceNo" : 403, "repealedDate" : null, "fromSection" : "1104", "toSection" : "1104", "text" : " § 1104. Sewage removal or purification; condemnation of property. 1.\\nWhen the department or the commissioner of environmental protection of\\nthe city of New York, or the board of water supply of the city of New\\nYork, shall, for the protection of a water supply from contamination,\\nmakes orders or regulations the execution of which will require or make\\nnecessary the construction and maintenance of any system of sewerage, or\\na change thereof, in or for any village or hamlet, whether incorporated\\nor unincorporated, or the execution of which will require the providing\\nof some public means of removal or purification of sewage, the\\nmunicipality, corporation, state or United States or state or United\\nStates institution, park, reservation or post owning the waterworks\\nbenefited thereby shall, at its own expense, construct and maintain such\\nsystem of sewerage, or change thereof, and provide and maintain such\\nmeans of removal and purification of sewage and such works or means of\\nsewage disposal as shall be approved by the department. For such\\npurpose said municipality, corporation, state or United States or state\\nor United States institution, park, reservation or post, may acquire, by\\ncondemnation the necessary real estate or interest therein or the\\neasement or use thereof whether now used for public or private purposes.\\n 2. When the execution of any such regulations of the department, or\\nthe commissioner of environmental protection of the city of New York, or\\nthe board of water supply of the city of New York will occasion or\\nrequire the removal of any building or buildings, the municipality,\\ncorporation, state or state institution, park, reservation or post\\nowning the waterworks benefited thereby shall, at its own expense,\\nremove such buildings and pay to the owner thereof all damages\\noccasioned by such removal.\\n 3. When the execution of any such regulation will injuriously affect\\nany property the municipality, corporation, state or state institution,\\npark, reservation or post owning the waterworks benefited thereby shall\\nmake just and adequate compensation for the property so taken or injured\\nand for all injuries caused to the legitimate use of operation of such\\nproperty.\\n 4. Until such construction or change of such system or systems of\\nsewerage, and the providing of such means of removal or purification of\\nsewage, and until such works or means of sewage disposal and the removal\\nof any buildings are so made by the municipality, corporation, state or\\nstate institution, park, reservation or post owning the waterworks to be\\nbenefited thereby at its own expense, and until, except in the case of a\\nmunicipality, state or state institution, park, reservation or post, the\\ncorporation owning the waterworks benefited shall make just and adequate\\npayment for all injuries to property and for all injuries caused to the\\nlegitimate use or operation of such property, there shall be no action\\nor proceeding taken by any such municipality, officer, board, person,\\ncommission or corporation against any person or corporation for the\\nviolation of any regulation of the department under this article, and no\\nperson or corporation shall be considered to have violated or refused to\\nobey any such rule or regulation.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "1105", "title" : "Sewage removal or purification; rights of property owners", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1105", "activeDate" : "2014-09-22", "sequenceNo" : 404, "repealedDate" : null, "fromSection" : "1105", "toSection" : "1105", "text" : " § 1105. Sewage removal or purification; rights of property owners. 1.\\nThe owner of any building the removal of which is occasioned or\\nrequired, or which has been removed by any rule or regulation of the\\ndepartment, or the commissioner of environmental protection of the city\\nof New York, or the board of water supply of the city of New York, made\\nunder the provisions of this article, and all persons whose rights of\\nproperty are injuriously affected by the enforcement of any such rule or\\nregulation, shall have a cause of action against the municipality or\\ncorporation, and shall have the right to present a claim against and to\\nthe state or state institution, park, reservation or post owning the\\nwaterworks benefited by the enforcement of such rule or regulation, for\\nall damages occasioned or sustained by such removal or enforcement,\\nincluding all injuries caused to the legitimate use or operation of such\\nproperty.\\n 2. (a) An action for such damages may be brought against such\\nmunicipality or corporation in accordance with the provisions of the\\neminent domain procedure law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "1106", "title" : "Limitations; city of New York", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1106", "activeDate" : "2014-09-22", "sequenceNo" : 405, "repealedDate" : null, "fromSection" : "1106", "toSection" : "1106", "text" : " § 1106. Limitations; city of New York. Nothing contained in this\\nchapter shall extend the sanitary control of the board of water supply\\nof the city of New York, beyond the sources of potable water supply,\\ntributary to the Catskill and Delaware aqueducts; and the powers granted\\nby this chapter to the board of water supply of the city of New York\\nshall cease at the time of the transference of the jurisdiction over the\\nsource of water supply, by the board of water supply to the commissioner\\nof environmental protection of the city of New York; and at no time\\nshall the commissioner of environmental protection of the city of New\\nYork and the board of water supply of said city have or exercise\\nconcurrent powers or sanitary control over any source of potable water\\nsupply tributary to the Catskill or Delaware aqueduct.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "1107", "title" : "Orders of commissioner", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1107", "activeDate" : "2014-09-22", "sequenceNo" : 406, "repealedDate" : null, "fromSection" : "1107", "toSection" : "1107", "text" : " § 1107. Orders of commissioner. 1. When the commissioner, after\\ninvestigation of the condition of any public water supply used for\\ndrinking or other domestic purposes, whether maintained and operated by\\na municipality, water district or private corporation, company or\\nindividual, shall certify to the board, corporation, company, officer or\\nperson in charge of the maintenance and operation of such water supply\\nthat in his opinion such water supply is so polluted or subject to\\ndangerous pollution or so inadequate or of such objectionable physical\\nquality as to constitute a menace to the public health and shall order\\nreasonable improvements to be made for the protection of public health\\nand such municipality, water district or private corporation, company or\\nindividual maintaining and operating such water supply shall fail to\\ncarry out such order forthwith, any court of competent jurisdiction may,\\nupon the application of the commissioner, enforce prompt compliance with\\nsuch order.\\n 2. Service of the certificate by the commissioner as aforesaid shall\\nbe made upon the mayor or corporation counsel of the municipality or\\nupon an officer of the water district or private corporation or company\\nas the case may be.\\n 3. The commissioner shall promulgate regulations to provide for\\nimmediate public notice, in a manner prescribed by such regulations, of\\nthe existence of a public health hazard concerning any public water\\nsupply.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "1108", "title" : "Powers and duties with respect to comprehensive public water supply planning", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1108", "activeDate" : "2014-09-22", "sequenceNo" : 407, "repealedDate" : null, "fromSection" : "1108", "toSection" : "1108", "text" : " § 1108. Powers and duties with respect to comprehensive public water\\nsupply planning. The commissioner shall perform such duties and\\nfunctions with respect to comprehensive public water supply planning as\\nare provided in part five-A of article five of the conservation law, and\\nshall have such powers and authority as may be necessary in that regard.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "1109", "title" : "Standards for water reuse", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1109", "activeDate" : "2014-09-22", "sequenceNo" : 408, "repealedDate" : null, "fromSection" : "1109", "toSection" : "1109", "text" : " § 1109. Standards for water reuse. 1. The commissioner shall advise\\nthe department of environmental conservation on the establishment of\\nrules, regulations and standards for the reuse and disposal of reclaimed\\nwastewater and/or greywater. Such advice shall include, but not be\\nlimited to, advice on water quality and pathogens monitoring\\nrequirements for each permitted use of reclaimed wastewater and\\ngreywater.\\n 2. For the purposes of this section, the terms \"greywater\" and\\n\"reclaimed wastewater\" shall have the same meaning as set forth in\\nsection 15-0601 of the environmental conservation law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "1110", "title" : "School potable water testing and standards", "docType" : "SECTION", "publishedDates" : [ "2016-09-09", "2016-12-09", "2021-12-31", "2022-03-04", "2022-12-23" ], "docLevelId" : "1110", "activeDate" : "2016-12-09", "sequenceNo" : 409, "repealedDate" : null, "fromSection" : "1110", "toSection" : "1110", "text" : " § 1110. School potable water testing and standards. 1. In addition to\\nschool districts already classified as a public water system under parts\\n141 and 142 of title 40 of the code of federal regulations, as such\\nregulations may, from time to time, be amended, every school district\\nand board of cooperative educational services shall conduct periodic\\nfirst-drawn tap testing of potable water systems to monitor for lead\\ncontamination in each occupied school building under its jurisdiction as\\nrequired by regulations promulgated pursuant to this section. The\\ntesting shall be conducted and the results analyzed by an entity or\\nentities approved by the commissioner.\\n 2. Where a finding of lead contamination is made, the affected school\\ndistrict shall: (a) continue first-drawn tap water testing pursuant to\\nregulations promulgated pursuant to this section; (b) provide school\\noccupants with an adequate supply of safe, potable water for drinking as\\nrequired by rules and regulations of the department until future tests\\nindicate lead levels pursuant to regulations promulgated pursuant to\\nthis section; and (c) provide parents or persons in parental relation to\\na child attending said school with written notification of test results\\nas well as posting such test results on the school district's website.\\n 3. First-drawn tap testing shall not be required for school buildings\\nthat have been deemed \"lead-free\" as defined by section 1417 of the\\nfederal safe drinking water act.\\n 4. The commissioner, in consultation with the commissioner of\\neducation, shall promulgate regulations to carry out the provisions of\\nthis section. Notwithstanding any other provision of law to the\\ncontrary, the regulations promulgated with regard to lead levels shall\\nbe consistent with the requirements for those school districts\\nclassified as a public water system under parts 141 and 142 of title 40\\nof the code of federal regulations as such regulations may, from time to\\ntime, be amended.\\n 5. The commissioner may grant a waiver from the testing requirements\\nof this section for certain school buildings, provided that, the school\\ndistrict has substantially complied with the testing requirements and\\nhas been found to be below lead levels as determined by regulations\\npromulgated pursuant to this section for such buildings.\\n 6. Each school district and board of cooperative educational services\\nconducting testing pursuant to subdivision one of this section and each\\nschool district classified as a public water system under parts 141 and\\n142 of title 40 of the code of federal regulations, as such regulations\\nmay, from time to time, be amended, shall make a copy of the results of\\nall such testing and any lead remediation plans available to the public\\non its website and any additional means as chosen by such district. A\\ncopy of the results of all testing shall also be immediately transmitted\\nto the department and state education department in a format to be\\ndetermined by the commissioner and to the county department of health in\\nthe local jurisdiction of the school building. The commissioner of\\neducation, in conjunction with the commissioner, shall publish a report\\nbiennially based on the findings from the tap water testing conducted\\naccording to the provisions of this section. Such report shall be sent\\nto the commissioner, the governor, the temporary president of the\\nsenate, and the speaker of the assembly and shall be made available on\\nthe department's and state education department's websites.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "1112", "title" : "Emerging contaminant monitoring", "docType" : "SECTION", "publishedDates" : [ "2017-04-28", "2018-10-05", "2021-12-24", "2022-03-04" ], "docLevelId" : "1112", "activeDate" : "2018-10-05", "sequenceNo" : 410, "repealedDate" : null, "fromSection" : "1112", "toSection" : "1112", "text" : " § 1112. Emerging contaminant monitoring. 1. Industry and modern\\ntechnology have created thousands of new chemicals that would not\\notherwise exist in nature. Although some of these chemicals have proven\\nbenefits, the effect of many such chemicals on human health is unknown\\nor not fully understood. Furthermore, with the advance of science and\\ntechnology, public health scientists and experts are able to identify\\nnaturally occurring contaminants that pose previously unknown hazards to\\nhuman health. Where these chemicals or contaminants, collectively\\nreferred to as \"emerging contaminants,\" enter drinking water supplies,\\nthey can present unknown but potentially serious risks to public health.\\nNew Yorkers served by public water supplies have the right to know when\\npotentially hazardous substances contaminate their drinking water and\\nthe department must be equipped to monitor and protect the public from\\nthese emerging contaminants.\\n 2. a. \"Emerging contaminants\" shall mean any physical, chemical,\\nmicrobiological or radiological substance listed as an emerging\\ncontaminant pursuant to subdivision three of this section.\\n b. \"Notification level\" means the concentration level of an emerging\\ncontaminant in drinking water that the commissioner has determined,\\nbased on available scientific information, warrants public notification\\nand may require actions, which may include enhanced monitoring and\\nactivities to reduce exposure, pursuant to this section.\\n c. \"Covered public water system\" shall mean: (i) a public water system\\nthat serves at least five service connections used by year-round\\nresidents or regularly serves at least twenty-five year-round residents;\\nor (ii) a public water system that regularly serves at least twenty-five\\nof the same people, four hours or more per day, for four or more days\\nper week, for twenty-six or more weeks per year.\\n 3. a. The commissioner shall promulgate regulations to identify and\\nlist substances as emerging contaminants that meet the following\\ncriteria:\\n (i) are not subject to any other substance-specific drinking water\\nregulation of the department that establishes a maximum contaminant\\nlevel, maximum residual disinfectant level, or action level;\\n (ii) are known or anticipated to occur in public water systems; and\\n (iii) because of their quantity, concentration, or physical, chemical\\nor infectious characteristics, may cause physical injury or illness, or\\notherwise pose a potential hazard to human health when present in\\ndrinking water.\\n b. In determining what substances shall be listed as emerging\\ncontaminants the commissioner shall, at a minimum, consider:\\n (i) unregulated contaminants monitored pursuant to the federal Safe\\nDrinking Water Act (42 U.S.C. § 300g-1) as amended from time to time;\\n (ii) substances that require regulation or monitoring when present in\\ndrinking water in other jurisdictions outside the state of New York;\\n (iii) pesticide chemicals for which the United States environmental\\nprotection agency has set human health benchmarks for drinking water;\\n (iv) substances found at sites in remedial programs located inside and\\noutside the state of New York, including but not limited to inactive\\nhazardous waste sites; and\\n (v) recommendations from the drinking water quality council\\nestablished pursuant to section eleven hundred thirteen of this title.\\n c. The commissioner shall, at a minimum, include the following\\nchemicals identified as emerging contaminants: 1,4-dioxane;\\nperfluorooctanesulfonic acid; and perfluorooctanoic acid.\\n d. The commissioner shall by regulation remove any substance from the\\nlist of emerging contaminants upon adopting a maximum contaminant level\\nfor such substance.\\n 4. Every covered public water system shall test drinking water for the\\npresence of emerging contaminants at least once every three years\\npursuant to a schedule determined by the department through regulation.\\n 5. Every test conducted in accordance with this section shall be\\nconducted by a laboratory certified by the department pursuant to\\nsection five hundred two of this chapter. Laboratories shall submit such\\nresults electronically to the department, to any other health department\\nwith jurisdiction over the covered public water system, and to the\\ncovered public water system, in the manner prescribed pursuant to\\nsection five hundred two of this chapter.\\n 6. The commissioner shall promulgate regulations establishing\\nnotification levels for any emerging contaminant listed pursuant to\\nsubdivision three of this section. Any notification level established\\npursuant to this subdivision shall be equal to or lower than any federal\\nlifetime health advisory level established pursuant to the federal Safe\\nDrinking Water Act (42 U.S.C. § 300g-1). If no federal lifetime health\\nadvisory level has been established, the commissioner shall establish\\nnotification levels based upon the available scientific information, and\\nmay take into consideration recommendations of the drinking water\\nquality council established pursuant to section eleven hundred thirteen\\nof this title. Such notification levels shall be made easily accessible\\nto the public through a link that is posted on the department's website\\nand updated regularly.\\n 7. Notwithstanding subdivision three of this section, the commissioner\\nmay, by declaration, add any physical, chemical, microbiological or\\nradiological substance to the list of emerging contaminants established\\npursuant to subdivision three of this section, establish a notification\\nlevel, and require testing for such substance, if the commissioner\\ndetermines that: (i) such substance poses or has the potential to pose a\\nsignificant hazard to human health when present in drinking water; (ii)\\nsuch substance was recently detected in a public water system and has\\nthe potential to be present in other public water systems; and (iii) it\\nappears to be prejudicial to the interests of the people to delay action\\nby preparing and filing regulations. The commissioner shall, however,\\npromulgate regulations adding such new emerging contaminant or\\nestablishing such notification level within one year of such\\ndeclaration. Such declaration shall clearly state where and the date by\\nwhich such testing must occur. After the commissioner promulgates\\nregulations adding such emerging contaminant, such regulations shall\\nsupersede the declaration issued pursuant to this subdivision. Until\\nsuch notification levels are posted on the department's website pursuant\\nto subdivision six of this section, the commissioner shall post the\\nnotification levels established by declaration on such website so that\\nthey are easily accessible through a link to the public.\\n 8. Whenever one or more emerging contaminants is confirmed to be\\npresent in drinking water at concentrations at or above a notification\\nlevel established pursuant to this section:\\n a. the covered public water system shall notify the department within\\ntwenty-four hours;\\n b. the covered public water system shall notify all owners of real\\nproperty served by the covered public water system in a time and manner\\nto be prescribed by the department, provided that in no event shall\\nnotification occur more than ninety days after the presence of an\\nemerging contaminant at concentrations at or above a notification level\\nestablished pursuant to this section is confirmed;\\n c. the commissioner may directly notify such owners of real property\\nif it is determined that the public's interest would be best served by\\nsuch notification, or if the commissioner determines that the covered\\npublic water system is not acting, or cannot act in a timely manner;\\n d. the commissioner may require that the covered public water system\\ntake such actions as may be appropriate to reduce exposure to emerging\\ncontaminants. If the commissioner determines that the concentration of\\nthe emerging contaminant constitutes an actual or potential threat to\\npublic health, based on the best available scientific information, the\\ncommissioner shall consult with the commissioner of the department of\\nenvironmental conservation regarding any further action that may be\\nappropriate, including but not limited to actions pursuant to title\\ntwelve of article twenty-seven of the environmental conservation law.\\n 9. The commissioner shall work in consultation with the commissioner\\nof the department of environmental conservation to develop educational\\nmaterials, and may take into consideration recommendations of the\\ndrinking water quality council established pursuant to section eleven\\nhundred thirteen of this title. Such educational materials shall be made\\navailable through a link on the department's website that is easily\\naccessible to the covered public water system and the general public,\\nrelating to methodologies for reducing exposure to emerging contaminants\\nand potential actions that may be taken to mitigate or remediate\\nemerging contaminants. Such link shall also include information relating\\nto notification levels established by declaration pursuant to\\nsubdivision seven of this section and by regulation pursuant to\\nsubdivision six of this section. The commissioner shall coordinate with\\nthe United States Environmental Protection Agency to ensure that the\\ninformation available on the EPA's Drinking Water Watch website is\\navailable to public water systems and that information available on the\\nEPA's Safe Drinking Water Information System is available to the public\\nthrough an easily accessible link on the department's website. The\\nwebsite and such links shall allow, to the extent practicable, the\\npublic to easily access information including but not limited to, basic\\nwater system information, including system identification number, name\\nand type, department contacts, public notices, violations and\\nenforcement actions taken by the state and federal government. The\\nwebsite and such links shall be monitored and updated regularly by the\\ndepartment. The commissioner shall also provide the covered public water\\nsystem with information relating to potential funding sources provided\\nby the state and federal government for mitigation or remedial\\nactivities, and to reduce the exposure to emerging contaminants.\\n 10. Any owner of real property, including any owner's agent, to whom a\\ncovered public water system has provided notification of the exceedance\\nof a notification level established pursuant to subdivision six of this\\nsection, shall take all reasonable and necessary steps to provide,\\nwithin ten days, any tenants with copies of the notification provided by\\nthe covered public water system.\\n 11. The commissioner may promulgate regulations pursuant to which the\\ndepartment may provide financial assistance for compliance with the\\ntesting requirements of this section, to any covered public water system\\nupon a showing that the costs associated with testing drinking water in\\ncompliance with this section would impose a financial hardship. Such\\nregulations shall, when prioritizing public water systems for\\neligibility for financial assistance, incorporate provisions that give\\npreference to public water systems serving less than ten thousand\\nindividuals.\\n 12. The commissioner shall periodically review substances that have\\nbeen identified as emerging contaminants pursuant to this section and\\ndetermine if the department should establish a maximum contaminant level\\nfor the substance. Such review shall occur, at a minimum, once every\\nthree years.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "1113", "title" : "Drinking water quality council; established", "docType" : "SECTION", "publishedDates" : [ "2017-04-28" ], "docLevelId" : "1113", "activeDate" : "2017-04-28", "sequenceNo" : 411, "repealedDate" : null, "fromSection" : "1113", "toSection" : "1113", "text" : " § 1113. Drinking water quality council; established. 1. There shall be\\nestablished, within the department, the drinking water quality council.\\nSuch council shall be composed of twelve members as follows:\\n (a) the commissioner, or the commissioner's designee, who shall be the\\nchair of the council;\\n (b) the commissioner of environmental conservation or designee;\\n (c) a designee of the commissioner of environmental conservation with\\nexpertise in water resources;\\n (d) a designee of the commissioner with expertise in drinking water;\\nand\\n (e) eight members appointed by the governor, two of whom shall be\\nrecommended by the temporary president of the senate, and two by the\\nspeaker of the assembly.\\n 2. (a) Of the four members appointed to the drinking water quality\\ncouncil and recommended by the temporary president of the senate and the\\nspeaker of the assembly, the temporary president of the senate and the\\nspeaker of the assembly shall each recommend:\\n (i) one member who represents water purveyors; and\\n (ii) one member representing the public, who has a background or\\nexpertise in toxicology or health risk assessment.\\n (b) Of the four additional members appointed to the drinking water\\nquality council, the governor shall appoint:\\n (i) one member who represents water purveyors;\\n (ii) one member who has a background or expertise in toxicology or\\nhealth risk assessment;\\n (iii) one member who has a background or expertise in microbiology;\\nand\\n (iv) one member who has a background or expertise in environmental\\nengineering.\\n (c) The members of such council appointed pursuant to paragraph (e) of\\nsubdivision one of this section shall serve terms of two years.\\n (d) The members appointed pursuant to paragraph (e) of subdivision one\\nof this section shall each serve his or her term of office or until his\\nor her successor is appointed; provided that any vacancy in the position\\nof an appointed member shall be filled in the same manner as the\\noriginal appointment and only for the unexpired term of the vacancy.\\n 3. The members of the drinking water quality council shall receive no\\ncompensation for their services, but shall be allowed their actual and\\nnecessary expenses incurred in the performance of their duties pursuant\\nto this title.\\n 4. The drinking water quality council shall meet at such times and\\nplaces as may be determined by its chair. The council shall meet at a\\nminimum of two times per year. All meetings shall be open to the public\\npursuant to article seven of the public officers law. A majority of the\\nmembers of such council shall constitute a quorum for the transaction of\\nbusiness. Action may be taken, and motions and resolutions adopted, at\\nany meeting by the affirmative vote of a majority of the full membership\\nof the council.\\n 5. The council shall make recommendations to the department relating\\nto:\\n (a) those contaminants, which the department may list as emerging\\ncontaminants pursuant to section one thousand one hundred twelve of this\\ntitle.\\n (i) In determining what substances shall be recommended as emerging\\ncontaminants the council shall, at a minimum, consider:\\n A. unregulated contaminants monitored pursuant to the federal Safe\\nDrinking Water Act (42 USC § 300g-1) as amended from time to time;\\n B. substances that require regulation or monitoring when present in\\ndrinking water in other jurisdictions outside the state of New York;\\n C. pesticide chemicals for which the United States environmental\\nprotection agency has set human health benchmarks for drinking water;\\n D. substances found at sites in remedial programs located inside and\\noutside the state of New York, including but not limited to inactive\\nhazardous waste sites; and\\n E. waterborne pathogens and microbiological contaminants.\\n (ii) The council shall recommend a notification level for each\\nrecommended emerging contaminant.\\n (iii) The council shall recommend timeframes and frequencies in which\\ntesting should be required for the recommended emerging contaminants,\\nallowing for variation based on circumstances such as the source of\\nwater, the region and size of the water system.\\n (iv) The council shall provide the department with its first list of\\nrecommended emerging contaminants and corresponding notification levels\\nfor which testing shall be required no later than one year from the\\ninitial meeting of the council, and the council shall update the list\\nand recommend notification levels annually thereafter;\\n (b) a review of substances identified as emerging contaminants\\npursuant to section one thousand one hundred twelve of this title. Where\\nappropriate the council shall recommend either a maximum contaminant\\nlevel (MCL), or the removal of the substance from the list of emerging\\ncontaminants, on the basis of available scientific evidence and any\\nother relevant factors;\\n (c) the form and content of public notifications issued pursuant to\\nsection one thousand one hundred twelve of this title;\\n (d) working with other state agencies and the federal government to\\nensure funds are available and accessible, parties known to be\\nresponsible for contamination are pursued, and mitigation, remediation,\\nand cleanup projects occur in a timely manner;\\n (e) the development of educational materials regarding private well\\nwater testing;\\n (f) the appropriate use of, and methods and manner of conducting,\\nbiomonitoring and biomonitoring studies;\\n (g) the inclusion of information on the online tracking and mapping\\nsystem established in section 3-0315 of the environmental conservation\\nlaw; and\\n (h) anything else the department or the department of environmental\\nconservation designates.\\n 6. The drinking water quality council shall be entitled to request and\\nreceive information from any state, municipal department, board,\\ncommission or agency that may be required or are deemed necessary for\\nthe purposes of such council, including but not limited to all water\\ninformation and annual reports the department has relating to both\\npublic and private water supplies.\\n 7. Before the council advances any recommendation to the department,\\nthe council shall provide an opportunity for public and stakeholder\\ncomments. Final recommendations of the council shall be posted on the\\ndepartment's website within thirty days after the council adopts such\\nrecommendations.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "1114", "title" : "Lead service line replacement grant program", "docType" : "SECTION", "publishedDates" : [ "2017-04-28", "2018-04-20" ], "docLevelId" : "1114", "activeDate" : "2018-04-20", "sequenceNo" : 412, "repealedDate" : null, "fromSection" : "1114", "toSection" : "1114", "text" : " § 1114. Lead service line replacement grant program. 1. The department\\nshall allocate appropriated funds equitably among regions of the state.\\nWithin each region, the department shall give priority to municipalities\\nthat have a high percentage of elevated childhood blood lead levels,\\nbased on the most recent available data. In distributing the awards\\nallocated for each region to such priority municipalities, the\\ndepartment shall also consider whether the community is low income and\\nthe number of lead service lines in need of replacement. The department\\nmay request that such municipalities provide such documentation as the\\ndepartment may require to confirm award eligibility.\\n 2. Further, the department shall establish a statewide plan for lead\\nservice line replacement, which shall include, at a minimum, a report on\\nthe implementation of subdivision one of this section, resources and\\ntechniques for identifying lead service lines throughout the state, the\\ncost of replacing lead service lines, recommendations for municipalities\\non methods for evaluating the status of lead service lines present and\\nguidance on replacement.\\n 3. The department shall publish information, application forms,\\nprocedures and guidelines relating to the program on its website and in\\na manner that is accessible to the public and all potential award\\nrecipients.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "1114-A", "title" : "Voluntary public water system consolidation study", "docType" : "SECTION", "publishedDates" : [ "2018-04-20" ], "docLevelId" : "1114-A", "activeDate" : "2018-04-20", "sequenceNo" : 413, "repealedDate" : null, "fromSection" : "1114-A", "toSection" : "1114-A", "text" : " § 1114-a. Voluntary public water system consolidation study. 1. There\\nshall be established in the department, by the commissioner, a voluntary\\npublic water system consolidation study designed to evaluate the\\nfeasibility of the joining of public water systems in order to improve\\nwater quality. Such study shall include:\\n (a) the feasibility of joining of two or more public water systems to\\nform one water system;\\n (b) the feasibility of the consolidation of one or more public water\\nsystems into a larger public water system;\\n (c) the appropriate technical, managerial and financial capacity\\nnecessary for consolidation, including state funding mechanisms and\\nincentives that could be utilized;\\n (d) potential public health impacts of consolidation, including\\nability to meet legally required water quality standards and the impact\\non monitoring, reporting and enforcement of drinking water standards;\\n (e) appropriate and sufficient guidance from the department necessary\\nfor those public water systems interested in consolidation; and\\n (f) recommendations for public water systems interested in voluntary\\nconsolidation.\\n 2. The department shall prepare and submit a report and supporting\\nmaterials to the governor, the temporary president of the senate and the\\nspeaker of the assembly setting forth the information gathered and\\nrecommendations to the legislature by January first of the following\\nyear.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 16 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A11T2", "title" : "Realty Subdivisions: Water Supply", "docType" : "TITLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2", "activeDate" : "2014-09-22", "sequenceNo" : 414, "repealedDate" : null, "fromSection" : "1115", "toSection" : "1120", "text" : " TITLE II\\n REALTY SUBDIVISIONS: WATER SUPPLY\\nSection 1115. Realty subdivisions; definitions.\\n 1115-a. Remedy for purchaser of one parcel of unapproved realty\\n subdivision.\\n 1116. Realty subdivisions; plans required to be filed and\\n approved.\\n 1117. Realty subdivisions; duty of county clerk or register in\\n respect to filing of plans and map.\\n 1118. Realty subdivisions; local regulations.\\n 1119. Realty subdivisions; filing fees to accompany plans.\\n 1120. Realty subdivisions; regulation by commissioner.\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "1115", "title" : "Realty subdivisions; definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1115", "activeDate" : "2014-09-22", "sequenceNo" : 415, "repealedDate" : null, "fromSection" : "1115", "toSection" : "1115", "text" : " § 1115. Realty subdivisions; definitions. 1. As used in sections one\\nthousand one hundred fifteen to one thousand one hundred eighteen of\\nthis chapter, inclusive, the word \"subdivision\" shall mean any tract of\\nland which is divided into five or more parcels, after the effective\\ndate of this act, along an existing or proposed street(s), highway(s),\\neasement(s) or right(s)-of-way for sale or for rent as residential lots\\nor residential building plots, and in the county of Suffolk also as\\nbusiness, commercial or industrial lots or building plots, regardless of\\nwhether the lots or plots to be sold or offered for sale, or leased for\\nany period of time, are described by metes and bounds or by reference to\\na map or survey of the property or by any other method of description\\nand regardless of whether the lots or plots are contiguous. A tract of\\nland shall constitute a subdivision upon the sale, rental or offer for\\nsale or lease of the fifth residential lot or residential building plot\\ntherefrom within any consecutive three year period, and at this time the\\nprovisions of section eleven hundred sixteen of the public health law\\nshall apply to all such parcels thereof, including the first four\\nparcels, regardless of whether said parcels have been sold, rented or\\noffered for sale or lease singly or collectively.\\n 2. The word \"tract\" shall mean any body of land, including contiguous\\nparcels of land, under one ownership or under common control of any\\ngroup of persons acting in concert as part of a common scheme or plan.\\n 3. \"Residential lot\" or \"residential building plot\" shall mean any\\nparcel of land of five acres or less, any point on the boundary line of\\nwhich is less than one-half mile from any point on the boundary line of\\nanother such lot in the same tract, unless any such lot may not legally\\nbe used for residential purposes. Without limiting the generality of the\\nforegoing, the term \"residential\" shall include temporary, seasonal and\\npermanent residential use.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "1115-A", "title" : "Remedy for purchaser of one parcel of unapproved realty subdivision", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1115-A", "activeDate" : "2014-09-22", "sequenceNo" : 416, "repealedDate" : null, "fromSection" : "1115-A", "toSection" : "1115-A", "text" : " § 1115-a. Remedy for purchaser of one parcel of unapproved realty\\nsubdivision. 1. The owner of a parcel of land acquired as one parcel\\nfor residential purposes may apply to the local or state health\\ndepartment having jurisdiction for a certificate approving the water\\nsupply for said parcel as adequate and satisfactory. The application\\nshall include the description of the parcel as specified in the\\ninstrument, by which owner acquired title.\\n 2. The proper department shall entertain said application and issue\\nsaid certificate providing that the water supply shall, in the opinion\\nof such department, be adequate in quality and potable and\\nunobjectionable in physical and chemical quality and not be or become so\\npolluted or subject to such pollution as to constitute a menace or\\npotential menace to the public health or the health of persons using or\\nwho may use the water thereby supplied.\\n 3. The certificate approving the water supply for said parcel shall\\ncontain the name of the owner-applicant and the description of the\\nproperty set forth in the application. The owner shall append the\\ncertificate of approval to a verified petition directed to the county\\nclerk of the county wherein the property is located, praying that the\\npetition and certificate of approval annexed be recorded and indexed\\nagainst the owner-petitioner.\\n 4. The county clerk upon receiving the petition with annexed\\ncertificate of approval, and upon tender of the lawful recording fees,\\nshall record the same in his office and index it against the\\nowner-petitioner. The recording of the petition with annexed certificate\\nof approval shall be deemed compliance with section eleven hundred\\nsixteen of this title, for the parcel described.\\n 5. This section shall apply only to a single residential lot which was\\nacquired May third, nineteen hundred sixty-six without having complied\\nwith the provisions of former section eighty-nine of the public health\\nlaw or section eleven hundred sixteen of this title but was:\\n (a) acquired by the owner-applicant prior to January first, nineteen\\nhundred seventy-one; or\\n (b) acquired by the owner-applicant through devise or intestate\\nsuccession; or\\n (c) not at the time of acquisition of title by the owner-applicant, a\\npart of a subdivision, as such term is defined in section eleven hundred\\nfifteen of this title.\\n In addition, this section shall apply to a single residential lot\\nwhich the appropriate department deems proper for approval because of\\nhardship or other special circumstances established to its satisfaction\\nby the owner-applicant.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "1116", "title" : "Realty subdivisions; plans required to be filed and approved", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1116", "activeDate" : "2014-09-22", "sequenceNo" : 417, "repealedDate" : null, "fromSection" : "1116", "toSection" : "1116", "text" : " § 1116. Realty subdivisions; plans required to be filed and approved.\\n1. No subdivision or portion thereof shall be sold, offered for sale,\\nleased or rented by any corporation, company or person, and no permanent\\nbuilding shall be erected thereon, until a plan or map of such\\nsubdivision shall be filed with and approved by the department or city,\\ncounty, or part-county department of health having jurisdiction and in\\nthe county of Suffolk until a plan or map shall have been also filed\\nwith and approved by the county department of environmental control and\\nsuch plan or map thereafter filed in the office of the clerk of the\\ncounty in which such subdivision is located.\\n 2. Such plan or map shall show methods for obtaining and furnishing\\nadequate and satisfactory water supply to said subdivision.\\n 3. The installation of such facilities shall be in accordance with the\\nplans or any revision or revisions thereof approved by the department or\\ncity, county or part-county department of health having jurisdiction.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "1117", "title" : "Realty subdivisions; duty of county clerk or register in respect to filing of plans and map", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1117", "activeDate" : "2014-09-22", "sequenceNo" : 418, "repealedDate" : null, "fromSection" : "1117", "toSection" : "1117", "text" : " § 1117. Realty subdivisions; duty of county clerk or register in\\nrespect to filing of plans and map. The county clerk or register shall\\nnot file nor record nor accept for filing or recording any map or plat\\nshowing a subdivision of land in any town, village or city having a\\npopulation of less than one million unless there is endorsed thereon or\\nannexed thereto a certificate of the department or city, county or\\npart-county department of health having jurisdiction approving the water\\nsupply system proposed or installed for such subdivision and consenting\\nto the filing thereof.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "1118", "title" : "Realty subdivisions; local regulations", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1118", "activeDate" : "2014-09-22", "sequenceNo" : 419, "repealedDate" : null, "fromSection" : "1118", "toSection" : "1118", "text" : " § 1118. Realty subdivisions; local regulations. 1. Any city or county\\nwhich has established or establishes a city, county or part-county\\ndepartment of health may adopt regulations for the control of such\\ndevelopments. Regulations adopted by a county or city board of health\\nmay include, but not be limited to, establishment of such requirements\\nas it may deem necessary to guarantee the installation of such water\\nsupply in accordance with the plans heretofore or hereinafter approved\\nby the county or city department of health or any approved revision or\\nrevisions thereof.\\n 2. Nothing contained in sections one thousand one hundred fifteen to\\none thousand one hundred eighteen of this chapter, inclusive, shall be\\nconstrued to delegate the general powers of the department of\\nenvironmental conservation nor to impair nor to deprive such department\\nof its powers and functions as now provided by law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "1119", "title" : "Realty subdivisions; filing fees to accompany plans", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2020-04-17" ], "docLevelId" : "1119", "activeDate" : "2014-09-22", "sequenceNo" : 420, "repealedDate" : null, "fromSection" : "1119", "toSection" : "1119", "text" : " § 1119. Realty subdivisions; filing fees to accompany plans. 1. At\\nthe time of submitting a plan for approval as required by this article,\\na filing fee computed at the rate of twelve dollars and fifty cents per\\nlot shall be paid to the department or to the city, county or\\npart-county health district wherein such plans are filed.\\n 2. The department, or the city, county or part-county health district,\\nshall not review or approve any such subdivision map submitted for\\napproval after this section takes effect until such fee, as herein\\nprovided, has been received by it.\\n 3. If any plan submitted to the department, or to a city, county or\\npart-county health district, cannot be approved, such plan shall be\\nreturned to the person who submitted the plan with a summary of the\\nreasons for disapproval.\\n 4. Notwithstanding any other provision of this title the commissioner\\nof health is empowered to make administrative arrangements with the\\ncommissioner of environmental conservation for joint or cooperative\\nadministration of this title and title fifteen of article seventeen of\\nthe environmental conservation law, such that only one plan must be\\nfiled and only one fee totaling twenty-five dollars per lot must be\\npaid.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "1120", "title" : "Realty subdivisions; regulation by commissioner", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1120", "activeDate" : "2014-09-22", "sequenceNo" : 421, "repealedDate" : null, "fromSection" : "1120", "toSection" : "1120", "text" : " § 1120. Realty subdivisions; regulation by commissioner. The\\ncommissioner of health may from time to time establish by rule or\\nregulation standards for subdivisions necessary to effect the purposes\\nof this title and not inconsistent with regulations of a city, county or\\npart-county department of health having jurisdiction, now or hereafter\\nadopted pursuant to law. In the event of and to the extent of such\\ninconsistency, the standards established by the commissioner shall be\\ndeemed inapplicable.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 7 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A11T2-A", "title" : "Water Supply Emergency Plans", "docType" : "TITLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2-A", "activeDate" : "2014-09-22", "sequenceNo" : 422, "repealedDate" : null, "fromSection" : "1125", "toSection" : "1125", "text" : " TITLE II-A\\n WATER SUPPLY EMERGENCY PLANS\\nSection 1125. Water supply emergency plans.\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "1125", "title" : "Water supply emergency plans", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2017-01-06", "2017-03-17" ], "docLevelId" : "1125", "activeDate" : "2017-03-17", "sequenceNo" : 423, "repealedDate" : null, "fromSection" : "1125", "toSection" : "1125", "text" : " § 1125. Water supply emergency plans. 1. Definitions. As used in this\\ntitle:\\n (a) \"Water supply emergency plan\" shall mean a plan reviewed and\\napproved by the commissioner and filed with the department. The plan\\nshall follow a form which shall be specified by the department and which\\nshall include, but not be limited to, those items enumerated in this\\nsection, and shall address those actions to be taken by a water supplier\\nto anticipate emergencies and respond responsibly to emergency\\nsituations. The department shall maintain a list of all water suppliers\\nrequired to submit a water supply emergency plan pursuant to this\\nsection.\\n (b) \"Water supplier\" shall mean any person who owns or operates a\\ncommunity water system that supplies drinking water to more than three\\nthousand three hundred people.\\n 2. All water suppliers shall prepare a water supply emergency plan;\\nprovided, however, if more than one water supplier is responsible for\\nthe same system, such plan shall be submitted jointly by such two or\\nmore water suppliers. The plan shall identify and outline the steps\\nnecessary to ensure that potable water is available during a water\\nsupply emergency. The water supply emergency plan shall include, but not\\nbe limited to, the following:\\n (a) establishment of criteria and procedures to determine critical\\nwater levels or safe yield of system,\\n (b) identification of existing and future sources of water under\\nnormal conditions and emergency conditions,\\n (c) system capacity and ability to meet peak demand and fire flows\\nconcurrently,\\n (d) storage capacities,\\n (e) current condition of present interconnections and identification\\nof additional interconnections to meet a water supply emergency,\\n (f) specific action plan to be followed during a water supply\\nemergency including a phased implementation of the plan,\\n (g) general water conservation programs and water use reduction\\nstrategies for water supply emergencies,\\n (h) prioritization of water users,\\n (i) identification and availability of emergency equipment needed\\nduring a water supply emergency,\\n (j) public notification program coordinated with the phased\\nimplementation schedule, and\\n (k) a vulnerability analysis assessment, including an analysis of\\nvulnerability to terrorist attack and cyber attack, which shall be made\\nafter consultation with local and state law enforcement agencies.\\n 3. All water suppliers shall, prior to the final submission of the\\nwater supply emergency plan, publish a notice in a newspaper of general\\ncirculation in the area served by the community water system stating\\nthat the proposed water emergency plan is available for review and\\ncomment; provided, however, a water supplier shall exempt from public\\ndisclosure for public review and comment any information it determines\\nto pose a security risk to operation of the water supply system. Such\\nnotice shall be printed at least once in each of two successive weeks\\nand the water supplier shall accept public comment for at least fourteen\\ndays following the date of the first publication. The water supplier\\nshall submit all public comments with the water emergency plan to the\\ndepartment.\\n 4. Water supply emergency plans shall be submitted to the commissioner\\non or before December thirty-first, nineteen hundred ninety. All water\\nsuppliers who have previously submitted emergency water supply plans\\nwhich were approved by the commissioner prior to the effective date of\\nthis title are exempt from the provisions of this subdivision. The\\ncommissioner shall retain a copy of each water supply emergency plan.\\n 5. Every water supplier shall review, and if necessary, revise its\\nwater supply emergency plan and report its findings to the commissioner\\nby December thirty-first, nineteen hundred ninety-five. Any water\\nsupplier whose water supply emergency plan does not include an analysis\\nof vulnerability to terrorist attack and cyber attack, shall initiate\\nsuch an analysis by June first, two thousand seventeen, and shall revise\\nits emergency plan and report its findings to the commissioner by\\nJanuary first, two thousand eighteen. Every water supplier shall keep\\nits water supply emergency plan up to date, shall provide updated\\ncommunication and notification information to the commissioner by\\nDecember thirty-first of every year, and shall submit its water supply\\nemergency plan to the commissioner for review at least once every five\\nyears and within thirty days after major water facility infrastructure\\nchanges have been made. The commissioner shall make available for\\nreview, following established security protocols, a copy of each\\nvulnerability analysis assessment from a water supplier to the\\nsuperintendent of state police, commissioner of the division of homeland\\nsecurity and emergency services, and chief technology officer.\\n 6. (a) The commissioner or a county health department may provide\\nguidance and assistance to community water systems on conducting\\nvulnerability assessments, preparing water supply emergency plans and\\naddressing threats from terrorist attacks, including cyber attacks,\\ndesigned to disrupt the provision of safe drinking water or\\nsignificantly affect the public health, or significantly affect the\\nsafety or supply of drinking water provided to communities or\\nindividuals.\\n (b) A community water system, that is not a water supplier, may elect\\nto complete a water supply emergency plan. Such community water system\\nmay elect to submit the plan to the commissioner for approval. In such a\\ncase, the commissioner shall subject the plan to such approval process\\nas described in paragraph (a) of subdivision one of this section.\\n 7. The commissioner, in his discretion, may provide an opportunity for\\npublic hearing for persons served by a community water system.\\n 8. The commissioner shall make such rules and regulations which may be\\nnecessary to effectuate the purposes of this title.\\n 9. The commissioner, superintendent of state police, commissioner of\\nthe division of homeland security and emergency services, and chief\\ntechnology officer shall keep confidential: (a) all vulnerability\\nanalysis assessments and all information derived therefrom; and (b) all\\ninformation determined by a water supplier to pose a security risk to\\nthe operation of a water supply system. Such assessments and information\\nshall be exempt from disclosure under article six of the public officers\\nlaw. A person who, without authorization, discloses any such assessment\\nor information to another person who has not been authorized to receive\\nsuch assessment or information is guilty of a class A misdemeanor.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 1 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A11T3", "title" : "Annual Water Supply Statement", "docType" : "TITLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3", "activeDate" : "2014-09-22", "sequenceNo" : 424, "repealedDate" : null, "fromSection" : "1150", "toSection" : "1153", "text" : " TITLE III\\n ANNUAL WATER SUPPLY STATEMENT\\nSection 1150. Definitions.\\n 1151. Annual water supply statement.\\n 1152. Annual water supply statement; delivery.\\n 1152-a. New York state public water supply report.\\n 1153. Rules and regulations.\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "1150", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1150", "activeDate" : "2014-09-22", "sequenceNo" : 425, "repealedDate" : null, "fromSection" : "1150", "toSection" : "1150", "text" : " § 1150. Definitions. As used in this title the term \"water works\\ncorporation\" shall mean any entity that has one thousand or more water\\nservice connections, and comes within the definition in section two of\\nthe public service law or paragraph (a) of subdivision one of section\\none hundred twenty-u of the general municipal law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "1151", "title" : "Annual water supply statement", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2019-04-19" ], "docLevelId" : "1151", "activeDate" : "2019-04-19", "sequenceNo" : 426, "repealedDate" : null, "fromSection" : "1151", "toSection" : "1151", "text" : " § 1151. Annual water supply statement. Each water works corporation\\nshall prepare and provide an annual water supply statement to the\\ncustomers it serves. Such statement shall contain such information as is\\nrequired in this title as well as any additional information required by\\nthe commissioner. Additionally, the statement shall provide a section\\nwhich explains, in plain language, the information required in the\\nstatement. The department may prepare or prescribe a format or model\\nupon which all such statements shall be produced. The annual water\\nsupply statement shall include, but not be limited to, the following\\nitems of information:\\n 1. A brief description on the source or sources of the water supply\\nand the general qualitative and quantitative condition of the water\\nsource.\\n 2. The population served.\\n 3. For water works corporations that calculate water use of all\\ncustomers with meters, an accounting of the total annual amount of water\\nwithdrawn, delivered, and lost from the system.\\n 4. The analytical testing results for those constituents required to\\nbe tested for under part five of the state sanitary code or as required\\nby appropriate local health units, except for microbiological results,\\nfor each source of water.\\n Where more than one analysis per year is conducted on a specific\\nconstituent, the water works corporation shall list the range of results\\nfrom highest to lowest during the reporting period. The applicable state\\nguideline, standard, or MCL for each constituent present shall be listed\\nand any instance where a state guideline, standard, or MCL is violated\\nshall be noted.\\n For microbiological analyses as required by part five of the state\\nsanitary code, the water works corporation shall indicate any instance\\nwhere the water supply violated the MCL. The date or dates of violation,\\nthe location where the violation occurred, and the response of the water\\nworks corporation shall be listed.\\n 5. A brief description of the types of treatment that the water\\nreceives before entering the distribution system.\\n 6. Any water sources restricted, removed from service, or otherwise\\nlimited in their use and any actions taken to secure new supplies or\\nreplace lost capacity. For the purposes of this subdivision, \"water\\nsources\" shall include surface water sources, such as, but not limited\\nto, lakes, ponds, rivers, streams, reservoirs and impoundments and for\\ngroundwater sources, supply wells. For the purposes of this subdivision,\\n\"water sources\" shall not include water mains or other types of\\nconveyance infrastructure.\\n 7. Information on water conservation measures customers can implement\\nsuch as, but not limited to, retrofitting plumbing fixtures, altering\\nirrigation timing, using irrigation sensors, leak detection, proper use\\nof water-conserving appliances, daily conscientious use of water, and\\nthe estimated savings in water and energy or money from the use of such\\nmeasures.\\n 8. A description of the risks associated with exposure to\\ncryptosporidium parvum or giardia lamblia for specific at-risk\\npopulations and the general public and measures that at-risk populations\\ncan take to protect themselves according to recommendations by the\\ndepartment or other governmental public health or environmental\\nagencies. In addition, for water works corporations that test for\\ncryptosporidium parvum or giardia lamblia, a summary of the following:\\nsampling sites; number of tests per year; testing results and actions\\ntaken in response to those results.\\n 9. General information regarding lead pipes reasonably known to be\\nlocated within the water system, as that term is defined in subdivision\\ntwenty-six of section two of the public service law.\\n The commissioner may add such additional requirements as he determines\\nto be appropriate.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "1152", "title" : "Annual water supply statement; delivery", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2020-09-25", "2021-03-26" ], "docLevelId" : "1152", "activeDate" : "2014-09-22", "sequenceNo" : 427, "repealedDate" : null, "fromSection" : "1152", "toSection" : "1152", "text" : " § 1152. Annual water supply statement; delivery. 1. Each water works\\ncorporation shall provide a water supply statement to its customers\\nannually. The annual water supply statement shall either be mailed to\\neach customer or published in at least one newspaper of general\\ncirculation in the area served by the water works corporation. If the\\nstatement is to be published in a newspaper, the water works corporation\\nshall provide ample notification by announcing the publication date and\\nnewspaper name either on the customers bill or in the newspaper in which\\nthe statement shall appear. A limited number of additional copies, in a\\nquantity to be determined by the water works corporation, shall be\\nprovided to customers upon request.\\n 2. Each water works corporation shall also provide one copy of each\\nannual water supply statement to the commissioner and the state\\ncommissioner of environmental conservation.\\n 3. The annual water supply statement shall be mailed or published on\\nor before the thirty-first day of May of each year and shall apply to\\ndata received by the water works corporation during the preceding\\ncalendar year.\\n 4. The information required by subdivision four of section eleven\\nhundred fifty-one of this title for each source of water may be placed\\nin a supplement to the annual water supply statement instead of in the\\nmain body of the statement; provided that:\\n (1) the statement provides such information for a representative\\nsampling of distribution point samples and a notice to the effect that\\nsuch information for each source of water is included in a supplement\\navailable to each customer upon request from the water works\\ncorporation; and\\n (2) the supplement is included in each copy of the water supply\\nstatement provided to customers upon request under subdivision one of\\nthis section and provided to commissioners under subdivision two of this\\nsection; and\\n (3) the supplement shall be\\n (i) published in a notice at least one-half page in size, in one\\nnewspaper of general circulation within the water district; or\\n (ii) made available on a public electronic bulletin board, along with\\nthe supplements from the two prior years, if such prior supplements\\nexist, and notice of the availability of such information on a public\\nelectronic bulletin board shall be clearly provided on each billing\\nstatement and shall be published in a newspaper of general circulation\\nwithin the water district; or\\n (iii) made available at all New York state documents information\\naccess centers, documents reference centers, documents depository\\nlibraries and documents research depository libraries within the water\\ndistrict and if no such libraries exist within the water district, at a\\npublic library within the water district, and notice of the availability\\nof the supplement at such library of libraries shall be clearly provided\\non each billing statement and shall be published in a newspaper of\\ngeneral circulation within the water district.\\nSuch supplement need not be included in the copy of the annual water\\nsupply statement mailed to each customer or published under subdivision\\none of this section.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "1152-A", "title" : "New York state public water supply report", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1152-A", "activeDate" : "2014-09-22", "sequenceNo" : 428, "repealedDate" : null, "fromSection" : "1152-A", "toSection" : "1152-A", "text" : " § 1152-a. New York state public water supply report. The department,\\nshall prepare an annual New York state public water supply report. Such\\nreport shall consist of a compilation and analysis of the information\\nand data submitted by water suppliers pursuant to the provisions of this\\narticle.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "1153", "title" : "Rules and regulations", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1153", "activeDate" : "2014-09-22", "sequenceNo" : 429, "repealedDate" : null, "fromSection" : "1153", "toSection" : "1153", "text" : " § 1153. Rules and regulations. The department shall have the power to\\nmake any rules and regulations that are necessary and appropriate to\\ncarrying out the purposes of this title.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 5 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A11T4", "title" : "Drinking Water Revolving Fund", "docType" : "TITLE", "publishedDates" : [ "2014-09-22", "2022-12-23" ], "docLevelId" : "4", "activeDate" : "2014-09-22", "sequenceNo" : 430, "repealedDate" : null, "fromSection" : "1160", "toSection" : "1169", "text" : " TITLE IV\\n DRINKING WATER REVOLVING FUND\\nSection 1160. Definitions.\\n 1161. Eligible projects; priority ranking.\\n 1162. Financial assistance; criteria and standards; regulations.\\n 1163. Financing agreements.\\n 1164. Inspection and certification.\\n 1165. Noncompliance; notification.\\n 1166. Implementation agreements.\\n 1167. Financial assistance; recipients.\\n 1168. Construction contracts; designations.\\n 1169. Compliance with other laws.\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "1160", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1160", "activeDate" : "2014-09-22", "sequenceNo" : 431, "repealedDate" : null, "fromSection" : "1160", "toSection" : "1160", "text" : " § 1160. Definitions. As used in this section:\\n 1. \"Allocation\" means the amount of moneys allocated to reduce a\\nrecipient's or group of recipients' total financing costs for one or\\nmore eligible projects.\\n 2. \"Construction\" means the erection, building, acquisition,\\nalteration, reconstruction, improvement, enlargement or extension of an\\neligible project; the inspection and supervision thereof; and the\\nengineering, architectural, legal, fiscal, and economic investigations\\nand studies, surveys, designs, plans, working drawings, specifications,\\nprocedures, and other actions necessary thereto.\\n 3. \"Corporation\" means the New York state environmental facilities\\ncorporation, continued pursuant to section twelve hundred eighty-two of\\nthe public authorities law, or any successor thereto.\\n 4. \"Eligible project\" means a project for construction of a water\\nsupply facility which is intended to improve drinking water facilities,\\nincluding a project that would be eligible for financing under or\\ndesigned to comply with the requirements of the federal safe drinking\\nwater act or other applicable federal law and state drinking water\\nquality goals and standards, which the commissioner has determined:\\n (a) is necessary for the objectives and goals of the state sanitary\\ncode or the federal safe drinking water act to assure safe public\\ndrinking water;\\n (b) represents a reasonable effort to develop a viable water supply\\nthat can consistently meet drinking water standards;\\n (c) takes into consideration the water resources management strategy\\npursuant to title twenty-nine of article fifteen of the environmental\\nconservation law;\\n (d) is a project for which financial assistance is available from the\\nfund; and\\n (e) conforms with applicable state rules and regulations.\\n 5. \"Financial assistance to a recipient\" has the same meaning as set\\nforth in subdivision four of section twelve hundred eighty-five-m of the\\npublic authorities law.\\n 6. \"Financing agreement\" means an agreement between the corporation\\nand one or more recipients meeting the requirements of section eleven\\nhundred sixty-three of this title.\\n 7. \"Fund\" means the drinking water revolving fund established under\\nsection twelve hundred eighty-five-m of the public authorities law.\\n 8. \"Intended use plan\" means a plan identifying the intended uses of\\nthe amounts available in the fund, including but not limited to:\\n (a) a list of those projects for construction of water supply\\nfacilities on the priority list developed pursuant to section eleven\\nhundred sixty-one of this title;\\n (b) a description of the short and long term goals and objectives of\\nthe fund;\\n (c) information on the activities to be supported, including a\\ndescription of project categories, terms of financial assistance and\\ncommunities served; and\\n (d) the criteria and method established for the distribution of\\nfinancial assistance from the fund.\\n 9. \"Municipality\" means any county, city, town, village, district\\ncorporation, county or town improvement district, school district,\\nIndian nation or tribe recognized by the state or the United States with\\na reservation wholly or partly within the boundaries of New York state,\\nany public benefit corporation or public authority established pursuant\\nto the laws of New York or any agency of New York state which is\\nempowered to construct and operate an eligible project, or any two or\\nmore of the foregoing which are acting jointly in connection with an\\neligible project.\\n 10. \"Recipient\" means any municipality, public utility, or person,\\nincluding any individual, firm, partnership, association, not-for-profit\\ncorporation or other corporation organized and existing under the laws\\nof the state or any other state which is empowered to construct and\\noperate an eligible project, or any two or more of the foregoing which\\nare acting jointly in connection with an eligible project.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "1161", "title" : "Eligible projects; priority ranking", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2014-09-26", "2015-03-27" ], "docLevelId" : "1161", "activeDate" : "2015-03-27", "sequenceNo" : 432, "repealedDate" : null, "fromSection" : "1161", "toSection" : "1161", "text" : " § 1161. Eligible projects; priority ranking. Subject to the provisions\\nof section thirty-two of the chapter of the laws of 1996 which added\\nthis section, in consultation with the commissioner of environmental\\nconservation, the commissioner shall establish and maintain a list of\\npotentially eligible projects and shall establish, pursuant to rules and\\nregulations, a process for listing potentially eligible projects\\nidentified by potential recipients and a priority ranking system for the\\npurpose of providing financial assistance to recipients for such\\nprojects under this title. In establishing such system, the commissioner\\nshall take into account the public health significance of such\\npotentially eligible projects which shall include, but need not be\\nlimited to, an assessment of (i) public health and safety; (ii)\\npopulation affected; (iii) attainment of state drinking water quality\\ngoals and standards; (iv) taking into consideration the water resources\\nmanagement strategy pursuant to title twenty-nine of article fifteen of\\nthe environmental conservation law; (v) taking into consideration future\\nphysical climate risk due to sea level rise, and/or storm surges and/or\\nflooding, based on available data predicting the likelihood of future\\nextreme weather events, including hazard risk analysis data if\\napplicable; and (vi) compliance with state and federal law, rules and\\nregulations.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "1162", "title" : "Financial assistance; criteria and standards; regulations", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1162", "activeDate" : "2014-09-22", "sequenceNo" : 433, "repealedDate" : null, "fromSection" : "1162", "toSection" : "1162", "text" : " § 1162. Financial assistance; criteria and standards; regulations. 1.\\nThe corporation is authorized to promulgate regulations, developed in\\nconsultation with the commissioner and the director of the division of\\nthe budget, for the purpose of carrying out its responsibilities under\\nthis title, including establishing criteria and standards for\\ndetermining the amount and kind of financial assistance to a recipient\\nfor an eligible project. To the extent financial assistance to a\\nrecipient for an eligible project is provided from the proceeds of bonds\\nor notes of the corporation, the amount of an allocation applicable to\\nthe portion of such eligible project financed with such financial\\nassistance shall be determined by the corporation in accordance with\\nsuch regulations, if any.\\n 2. The department is authorized to promulgate regulations, developed\\nin consultation with the director of the division of the budget and the\\ncorporation, for the purpose of carrying out its responsibilities under\\nthis title.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "1163", "title" : "Financing agreements", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1163", "activeDate" : "2014-09-22", "sequenceNo" : 434, "repealedDate" : null, "fromSection" : "1163", "toSection" : "1163", "text" : " § 1163. Financing agreements. The corporation and any recipient having\\nthe power to contract with respect to the financing of an eligible\\nproject may enter into a loan or other financing agreement providing for\\nthe construction and financing of eligible projects. The corporation\\nshall prepare each financing agreement, which shall include but is not\\nlimited to the following provisions:\\n 1. A description of the eligible project;\\n 2. An estimate of the eligible project cost;\\n 3. A right of the corporation to approve any contracts for services\\nand construction funded pursuant to a financing agreement, and to\\ninspect and review the construction of eligible projects;\\n 4. Notwithstanding the provisions of any other law, general, special\\nor local, inconsistent with this section, a right of the corporation to\\ninvest proceeds of the corporation's bonds or notes, including proceeds\\nof bonds or notes of the recipient, as provided in subdivision four of\\nsection twelve hundred eighty-four of the public authorities law and as\\nprovided in subdivision six of section twelve hundred eighty-five-m of\\nthe public authorities law.\\n Such right shall include the right to invest such monies together with\\nany other monies held by the corporation pursuant to the provisions of\\nsection twelve hundred eighty-five-m of the public authorities law;\\n 5. Remedies in the event of a recipient's failure to comply with the\\nterms of a financing agreement;\\n 6. An agreement by the corporation to:\\n (a) lend to the recipient for the construction of an eligible project\\na specified amount from the proceeds of the corporation's bonds or\\nnotes, not to exceed the estimated reasonable cost of construction of\\nthe eligible project established in the financing agreement, subject to\\nthe ability of the corporation to provide such financing, including any\\nother approvals required by state or federal law and such other\\nconditions as the corporation shall determine necessary or desirable;\\n (b) use reasonable efforts to issue its bonds or notes in an amount\\nsufficient to finance the estimated reasonable cost of the eligible\\nproject, including but not limited to costs of issuance, credit support\\nfees, if any, trustees' fees, interest during construction, and such\\nreserve funds, if any, as may be necessary to secure such bonds or\\nnotes;\\n (c) for any financial assistance made from the proceeds of the\\ncorporation's bonds or notes, establish an allocation and provide to the\\nrecipient an interest rate subsidy allocation for the eligible project\\nin accordance with this title and section twelve hundred eighty-five-m\\nof the public authorities law;\\n (d) in the alternative, provide financial assistance to the recipient\\nfor the construction of an eligible project in a specified amount from\\nany moneys in or available for deposit in the fund, not to exceed the\\nestimated reasonable cost of construction of the eligible project\\nestablished in the loan or other financing agreement, as determined by\\nthe corporation;\\n (e) administer the investment of funds held in accordance with such\\nagreement, including funds of the recipient;\\n 7. An agreement by the recipient to:\\n (a) proceed expeditiously with and complete the eligible project in\\naccordance with plans approved;\\n (b) commence operation of the eligible project on completion of the\\nproject, and not abandon, discontinue operation of, sell, transfer or\\notherwise dispose of the eligible project as long as a loan or other\\nfinancial assistance to the recipient for such project remains\\noutstanding, without approval of the commissioner; provided, however,\\nthat the commissioner shall not approve disposition of the eligible\\nproject without the concurrent approval of the corporation. None of the\\nforegoing shall limit the commissioner's authority to terminate or\\nimpose conditions upon the operation of an eligible project pursuant to\\nthe provisions of this chapter and any implementing regulations thereto;\\n (c) operate and maintain the eligible project in accordance with\\napplicable requirements of federal and state law;\\n (d) establish and maintain project accounts in accordance with the\\nfinancing agreement and generally accepted accounting standards;\\n (e) establish a dedicated source of revenue (which may include a\\ngeneral obligation of the recipient) providing for:\\n (i) operation and maintenance costs of the eligible project and\\nequipment renewal and replacement; and\\n (ii) loan repayment regardless of whether the eligible project is in\\noperation;\\n (f) notwithstanding the provisions of any other law, general, special\\nor local, inconsistent with this section, delegate to the corporation\\nthe authority to invest proceeds of bonds or notes issued by the\\ncorporation or the recipient on behalf of the recipient; and\\n (g) permit any reviews or audits and provide assistance determined to\\nbe reasonable and necessary by the department or the corporation;\\n 8. Such other agreements or covenants as may be deemed necessary or\\ndesirable in connection with the issuance by the corporation of its\\nbonds or notes.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "1164", "title" : "Inspection and certification", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1164", "activeDate" : "2014-09-22", "sequenceNo" : 435, "repealedDate" : null, "fromSection" : "1164", "toSection" : "1164", "text" : " § 1164. Inspection and certification. The corporation shall provide\\nthe means of ensuring compliance by recipients with each financing\\nagreement by:\\n 1. Retaining the right to inspect and review work on each eligible\\nproject in progress and upon completion, and determining whether such\\nwork was undertaken and completed in compliance with all relevant plans\\nand the terms of such financing agreement;\\n 2. Retaining the right to disburse or refuse to disburse payments to a\\nrecipient pursuant to a financing agreement;\\n 3. Retaining the right to disburse or refuse to disburse payments to a\\nrecipient pursuant to a financing agreement based upon the\\ndeterminations of any review or audit;\\n 4. Establishing remedies if work on an eligible project has not been\\ncompleted in accordance with all relevant plans and the terms of such\\nfinancing agreement due to factors within the recipient's control; and\\n 5. Requiring a recipient to maintain project accounts with respect to\\nany eligible project.\\n Nothing herein shall be construed to affect or diminish the general\\nauthority of the department to inspect and review the work on any\\nproject financed pursuant to this title, or to inspect the records\\nrelating to such project, for the purpose of determining compliance with\\nany other provisions of this chapter.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "1165", "title" : "Noncompliance; notification", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1165", "activeDate" : "2014-09-22", "sequenceNo" : 436, "repealedDate" : null, "fromSection" : "1165", "toSection" : "1165", "text" : " § 1165. Noncompliance; notification. In the event the work completed\\npursuant to a financing agreement or loan agreement is deemed not in\\ncompliance with such agreement, the corporation shall expeditiously\\nnotify the recipient of such non-compliance and indicate the reasons for\\nsuch determination.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "1166", "title" : "Implementation agreements", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1166", "activeDate" : "2014-09-22", "sequenceNo" : 437, "repealedDate" : null, "fromSection" : "1166", "toSection" : "1166", "text" : " § 1166. Implementation agreements. For the purpose of implementing\\nthe drinking water revolving fund program set forth in this title and\\nsection twelve hundred eighty-five-m of the public authorities law, and\\nensuring compliance with the requirements of the state sanitary code,\\nthe federal safe drinking water act or other applicable federal law, the\\ndepartment may:\\n 1. Arrange in consultation with the corporation for independently\\nconducted reviews and audits on at least an annual basis necessary to\\ncarry out the objectives of the fund.\\n 2. Submit a copy of each draft intended use plan to the governor, the\\ndirector of the division of the budget, the chairman of the senate\\nfinance committee and the chairman of the assembly ways and means\\ncommittee and submit a copy of each final intended use plan to such\\npersons.\\n 3. Enter into any agreement between the state of New York and the\\nadministrator of the United States environmental protection agency and\\ntake all other actions necessary to comply with the requirements of the\\nfederal safe drinking water act or applicable federal law and state law,\\nincluding, but not limited to, approving each project as an eligible\\nproject under the program.\\n 4. Enter into such agreements with the corporation as to the\\nadministration and implementation of the drinking water revolving fund\\nas may be deemed desirable or necessary, which agreements may provide\\nfor among other things, the allocation and delegation of\\nresponsibilities of the commissioner, the department or the corporation\\nset forth in this title amongst such parties.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "1167", "title" : "Financial assistance; recipients", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1167", "activeDate" : "2014-09-22", "sequenceNo" : 438, "repealedDate" : null, "fromSection" : "1167", "toSection" : "1167", "text" : " § 1167. Financial assistance; recipients. The corporation may\\nprovide financial assistance to recipients pursuant to paragraph (a) of\\nsubdivision four of section twelve hundred eighty-five-m of the public\\nauthorities law from any available moneys in the fund other than the\\nproceeds of the corporation's bonds or notes or moneys needed to comply\\nwith subdivision five of section twelve hundred eighty-five-m of the\\npublic authorities law if and to the extent the corporation determines\\nthat it is unable to, or that it is impractical or inadvisable to,\\nfinance all or a portion of the costs of an eligible project from the\\nproceeds of bonds or notes that are special obligations of the\\ncorporation.\\n The interest rate charged on any loan made by the corporation pursuant\\nto this section shall be such interest rate as determined by the\\ncorporation (including a zero percent rate of interest), but shall in\\nany event be no more than two-thirds of the market rate of interest\\notherwise applicable thereto.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "1168", "title" : "Construction contracts; designations", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1168", "activeDate" : "2014-09-22", "sequenceNo" : 439, "repealedDate" : null, "fromSection" : "1168", "toSection" : "1168", "text" : " § 1168. Construction contracts; designations. The contracts for the\\nconstruction of eligible projects constructed and financed pursuant to a\\nfinancing agreement shall be subject to the requirements and provisions\\nof article fifteen-A of the executive law and, for such purposes, any\\nsuch contract shall be considered a \"state contract\" and the department\\nshall be the \"contracting agency\" for each such contract.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "1169", "title" : "Compliance with other laws", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1169", "activeDate" : "2014-09-22", "sequenceNo" : 440, "repealedDate" : null, "fromSection" : "1169", "toSection" : "1169", "text" : " § 1169. Compliance with other laws. Nothing contained in this title\\nshall be held to alter or abridge the powers and duties of the\\ndepartment of environmental conservation.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 10 }, "repealed" : false } ], "size" : 5 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A13", "title" : "Nuisances and Sanitation", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22", "2021-12-03", "2022-03-04", "2022-11-25", "2023-05-12", "2023-06-23", "2025-11-14" ], "docLevelId" : "13", "activeDate" : "2014-09-22", "sequenceNo" : 441, "repealedDate" : null, "fromSection" : "1300", "toSection" : "1389-GG", "text" : " ARTICLE 13\\n NUISANCES AND SANITATION\\nTitle I. General provisions; control and abatement (§§1300-1310).\\n II. Noxious weeds and growths (§§1320-1321).\\n III. Tenement house sanitation (§1325).\\n IV. Labor camp sanitation (§1330).\\n V. Suppression of certain businesses (§§1335-1336).\\n VI. Bathing establishments (§§1340-1342).\\n VII. Hotel sanitation (§§1345-1348).\\n VIII. Food handling (§§1350-1355).\\n IX. Location and disposition of radioactive gold jewelry\\n (§1360).\\n X. Control of lead poisoning (§§1370--1376-a).\\n XI. State aid: planning for construction of solid waste\\n management facilities (§§1380-1383).\\n XI-A. New York State Toxic Mold Task Force (§1384).\\n XII. Toxic substances (§§1385-1389).\\n XII-A. Inactive hazardous waste disposal sites\\n (§§1389-a--1389-e).\\n XIII. Storage, treatment and disposal of regulated medical waste\\n (§§1389-aa--1389-gg).\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A13T1", "title" : "General Provisions; Control and Abatement", "docType" : "TITLE", "publishedDates" : [ "2014-09-22", "2014-09-26" ], "docLevelId" : "1", "activeDate" : "2014-09-26", "sequenceNo" : 442, "repealedDate" : null, "fromSection" : "1300", "toSection" : "1311", "text" : " TITLE I\\n GENERAL PROVISIONS; CONTROL AND ABATEMENT\\nSection 1300. Nuisances; general powers of commissioner.\\n 1300-a. Putting noisome or unwholesome substances or maintaining\\n noisome business on or near highway.\\n 1300-b. Throwing gas tar or refuse into public waters.\\n 1300-c. Farming activities.\\n 1301. Nuisances; examination and abatement by order of\\n governor; expenses.\\n 1302. Nuisances; local boards of health; duty to assist\\n commissioner.\\n 1303. Nuisances; local boards of health; general powers and\\n duties.\\n 1304. Nuisances; local health officers; general powers.\\n 1305. Nuisances; abatement by local boards of health.\\n 1306. Nuisances; abatement expenses.\\n 1307. Nuisances; abatement expenses; lien and execution.\\n 1308. Powers and duties of local boards of health.\\n 1309. City of New York; exceptions.\\n 1310. Removal of canine wastes in cities with a population of\\n four hundred thousand or more persons and in the\\n cities of Yonkers and Albany.\\n 1311. Hand washing facilities at certain public establishments\\n featuring animals.\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "1300", "title" : "Nuisances; general powers of commissioner", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1300", "activeDate" : "2014-09-22", "sequenceNo" : 443, "repealedDate" : null, "fromSection" : "1300", "toSection" : "1300", "text" : " § 1300. Nuisances; general powers of commissioner. 1. The\\ncommissioner shall have all necessary powers to make investigations and\\nexaminations into nuisances, or questions affecting the security of life\\nand health in any locality.\\n 2. The commissioner may from time to time employ competent persons to\\nrender sanitary service, and make or supervise practical and scientific\\ninvestigations and examinations requiring expert skill, and prepare\\nplans and reports relative thereto.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "1300-A", "title" : "Putting noisome or unwholesome substances or maintaining noisome business on or near highway", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1300-A", "activeDate" : "2014-09-22", "sequenceNo" : 444, "repealedDate" : null, "fromSection" : "1300-A", "toSection" : "1300-A", "text" : " § 1300-a. Putting noisome or unwholesome substances or maintaining\\nnoisome business on or near highway. A person, who deposits, leaves or\\nkeeps, on or near a highway or route of public travel, either on the\\nland or on the water, any noisome or unwholesome substance, or\\nestablishes, maintains or carries on, upon or near a public highway or\\nroute of public travel, either on the land or on the water, any\\nbusiness, trade or manufacture which is noisome or detrimental to public\\nhealth, is guilty of a misdemeanor, punishable by a fine of not less\\nthan one hundred dollars, or by imprisonment not less than three nor\\nmore than six months, or both.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "1300-B", "title" : "Throwing gas tar or refuse into public waters", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1300-B", "activeDate" : "2014-09-22", "sequenceNo" : 445, "repealedDate" : null, "fromSection" : "1300-B", "toSection" : "1300-B", "text" : " § 1300-b. Throwing gas tar or refuse into public waters. A person,\\nwho throws or deposits gas tar, or the refuse of a gas house or gas\\nfactory, or offal, refuse, or any other noxious, offensive, or poisonous\\nsubstance into any public waters, or into any sewer or stream running or\\nentering into such public waters, is guilty of a misdemeanor.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "1300-C", "title" : "Farming activities", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1300-C", "activeDate" : "2014-09-22", "sequenceNo" : 446, "repealedDate" : null, "fromSection" : "1300-C", "toSection" : "1300-C", "text" : " § 1300-c. Farming activities. Notwithstanding any other provision of\\nlaw, the agricultural activities conducted on a farm, as defined in\\nsection six hundred seventy-one of the labor law, shall not be\\nconsidered a private nuisance, provided such agricultural activities\\nwere commenced prior to the surrounding activities, have not increased\\nsubstantially in magnitude or intensity and have not been determined to\\nbe the cause of conditions dangerous to life or health as determined by\\nthe commissioner, the local health officer or local board of health\\npursuant to sections thirteen hundred, thirteen hundred-a, thirteen\\nhundred three and thirteen hundred four of this chapter.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "1301", "title" : "Nuisances; examination and abatement by order of governor; expenses", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1301", "activeDate" : "2014-09-22", "sequenceNo" : 447, "repealedDate" : null, "fromSection" : "1301", "toSection" : "1301", "text" : " § 1301. Nuisances; examination and abatement by order of governor;\\nexpenses. 1. Whenever required by the governor, the commissioner shall\\nmake an examination concerning nuisances or questions affecting the\\nsecurity of life and health in any locality, and shall report the\\nresults thereof to the governor, within the time prescribed by him\\ntherefor.\\n 2. The report of every such examination, when approved by the\\ngovernor, shall be filed in the office of the secretary of state, and\\nthe governor may declare the matters public nuisances, which may be\\nfound and certified in any such report to be nuisances, and may order\\nthem to be changed, abated or removed as he may direct.\\n 3. Every such order shall be presumptive evidence of the existence of\\nsuch nuisance; and the governor may, by a precept under his hand and\\nofficial seal, require the district attorney, sheriff and other officers\\nof the county where such nuisance is maintained, to take all necessary\\nmeasures to execute such order and cause it to be obeyed, and the acts\\nof any such county officer in the abatement of any such nuisance,\\nreasonable or necessary for such abatement, shall be lawful and\\njustifiable and the order of the governor a sufficient protection to\\nsuch officer.\\n 4. The expense of such abatement shall be paid by the municipality\\nwhere the nuisance occurs, and shall be a debt recoverable by such\\nmunicipality of all persons, maintaining it or assisting in its\\nmaintenance, and a lien and charge upon the lands upon which the\\nnuisance is maintained, which may be enforced by a sale of such lands to\\nsatisfy the same.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "1302", "title" : "Nuisances; local boards of health; duty to assist commissioner", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1302", "activeDate" : "2014-09-22", "sequenceNo" : 448, "repealedDate" : null, "fromSection" : "1302", "toSection" : "1302", "text" : " § 1302. Nuisances; local boards of health; duty to assist\\ncommissioner. 1. Whenever requested by the commissioner, the board of\\nhealth of any health district may appoint one of its members to act with\\nand assist the commissioner during the investigation or examination of\\nany nuisance, or for the purpose of determining whether a public\\nnuisance exists.\\n 2. Such representative may take part in such examination, but the\\nfinal determination of the questions involved shall rest solely with the\\ncommissioner.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "1303", "title" : "Nuisances; local boards of health; general powers and duties", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1303", "activeDate" : "2014-09-22", "sequenceNo" : 449, "repealedDate" : null, "fromSection" : "1303", "toSection" : "1303", "text" : " § 1303. Nuisances; local boards of health; general powers and duties.\\n1. Every local board of health and local health officer shall receive\\nand examine into all complaints made by any inhabitant concerning\\nnuisances, or causes of danger or injury to life and health within the\\nhealth district, and may enter upon or within any place or premises\\nwhere nuisances or conditions dangerous to life and health or which are\\nthe cause of nuisances existing elsewhere are known or believed to\\nexist, and by its members or other persons designated for that purpose,\\ninspect and examine the same.\\n 2. The local board of health or local health officer having the powers\\nof a local board of health shall furnish the owners, agents and\\noccupants of the premises with a written statement of the results and\\nconclusions of any examination conducted pursuant to the provisions of\\nsections one thousand three hundred three to one thousand three hundred\\nfive, inclusive, of this chapter.\\n 3. Every local board of health shall order the suppression and removal\\nof all nuisances and conditions detrimental to life and health found to\\nexist within the health district.\\n 4. Whenever the commissioner shall by notice to the presiding officer\\nof any local board of health, direct him to convene such local board to\\ntake certain definite proceedings concerning which the commissioner\\nshall be satisfied that the action recommended by him is necessary for\\nthe public good, and is within the jurisdiction of such board of health,\\nsuch presiding officer shall convene such local board of health, which\\nshall take the action directed.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "1304", "title" : "Nuisances; local health officers; general powers", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1304", "activeDate" : "2014-09-22", "sequenceNo" : 450, "repealedDate" : null, "fromSection" : "1304", "toSection" : "1304", "text" : " § 1304. Nuisances; local health officers; general powers. The local\\nhealth officer of a health district having no local board of health and\\neach county health commissioner shall have authority equal to a local\\nboard of health to investigate and abate public nuisances which may\\naffect health.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "1305", "title" : "Nuisances; abatement by local boards of health", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1305", "activeDate" : "2014-09-22", "sequenceNo" : 451, "repealedDate" : null, "fromSection" : "1305", "toSection" : "1305", "text" : " § 1305. Nuisances; abatement by local boards of health. 1. The\\nowners, agents and occupants of any premises shall permit sanitary\\nexaminations and inspections to be made pursuant to the provisions of\\nthis article.\\n 2. If the owner or occupant of any premises whereon any nuisance or\\ncondition deemed to be detrimental to the public health exists or the\\ncause of the existence elsewhere, fails to comply with any order or\\nregulation of any local board or health officer having the power of a\\nlocal board of health for the suppression and removal of any such\\nnuisance or other matter, in the judgment of the board or health officer\\ndetrimental to the public health, made, served or posted as required in\\nthis article, such board or its agents or employees may enter upon the\\npremises to which such order or regulation relates, and suppress or\\nremove such nuisance or other matter.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "1306", "title" : "Nuisances; abatement expenses", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1306", "activeDate" : "2014-09-22", "sequenceNo" : 452, "repealedDate" : null, "fromSection" : "1306", "toSection" : "1306", "text" : " § 1306. Nuisances; abatement expenses. 1. The expense of suppression\\nor removal of a nuisance or conditions detrimental to health shall be\\npaid by the owner or occupant of the premises, or by the person who\\ncaused or maintained such nuisance or other matters, and the board of\\nhealth of the municipality or county wherein the premises are located\\nmay maintain an action in the name of the municipality or county to\\nrecover such expense, and the same when recovered shall be paid to the\\ntreasurer of the municipality or county, or if it has no treasurer to\\nits chief fiscal officer, to be held and used as the funds of the\\nmunicipality or county.\\n 2. Whenever the suppression or removal of such nuisance or conditions\\ndetrimental to health demand the immediate expenditure of money, every\\nlocal board of health, local health officer of a health district having\\nno board of health or county health commissioner shall be authorized to\\nuse for such purpose any money in the hands of the board, or may call on\\nthe governing body of the municipality or county as the case may be for\\nsuch money. All such moneys so expended shall be immediately repaid to\\nthe fund or source whence they were received on the recovery of the same\\nby action or otherwise from the persons responsible for the expenses of\\nsuppression or removal.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "1307", "title" : "Nuisances; abatement expenses; lien and execution", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1307", "activeDate" : "2014-09-22", "sequenceNo" : 453, "repealedDate" : null, "fromSection" : "1307", "toSection" : "1307", "text" : " § 1307. Nuisances; abatement expenses; lien and execution. 1. If\\nexecution upon a judgment for the recovery of the expense of the\\nsuppression or removal of a nuisance or other matter, pursuant to an\\norder or regulation of any local board of health is returned wholly or\\nin part unsatisfied, such judgment, if docketed in the place and manner\\nrequired by law to make a judgment of a court of record a lien upon real\\nproperty, shall be a first lien upon such premises, having preference\\nover all other liens and encumbrances whatever. Notwithstanding the\\nforegoing, such lien shall not have preference over any mortgage or\\nother encumbrance for the benefit of the state of New York or a public\\nbenefit corporation thereof.\\n 2. The board may cause such premises to be sold for a term of time for\\nthe payment and satisfaction of such lien and the expenses of the sale,\\nprovided, however, that where such premises are encumbered by a mortgage\\nor other encumbrance for the benefit of the state of New York or a\\npublic benefit corporation thereof, the consent of that entity shall\\nfirst be obtained.\\n 3. Notice of such sale shall be published for twelve weeks\\nsuccessively, at least once in each week, in a newspaper of the city,\\nvillage or town, or if no newspaper is published therein, in the\\nnewspaper published nearest to such premises. If the owner or occupant\\nof the premises, or his agent, is known, a copy of such notice shall be\\nserved upon him, either personally, at least fourteen days previous to\\nthe sale, or by mail at least twenty-eight days prior thereto.\\n 4. The premises shall be sold to the person offering to take them for\\nthe shortest time, paying the amount unpaid on such judgment and\\ninterest and the expenses of the notice and sale. A certificate of the\\nsale, signed and acknowledged by the president and secretary of the\\nboard, shall be made and delivered to the purchaser, and may be recorded\\nas a conveyance of real property, and the purchaser shall thereupon be\\nentitled to the immediate possession of such premises, and, if occupied,\\nmay maintain an action or proceeding to recover the possession thereof\\nagainst the occupant, as against a tenant of real property holding over\\nafter the expiration of his term; and the cost of any such action or\\nproceeding, if not paid by the occupant, shall also be a lien upon such\\npremises, having the same preference as the lien of such judgment, and\\nthe right of the purchaser to such premises shall be extended for a\\nlonger term, which shall bear the same proportion to the original term\\nas the amount of such costs bears to the amount paid by the purchaser on\\nsuch sale.\\n 5. The term of the purchaser at any such sale shall commence when he\\nshall have acquired possession of the premises sold.\\n 6. At any time within six months after recording such certificate of\\nsale, the owner of the premises or any lessee, mortgagee or\\nincumbrancer, thereof, or of any part of the same, may redeem the\\npremises or any such part from such sale by paying to the purchaser the\\namount paid by him on the sale, and all cost and expenses incurred by\\nhim in any action or proceeding to recover possession with interest at\\nthe rate of ten per centum per annum thereon. If redemption is made by\\nthe owner, the right of the purchaser shall be extinguished; if by a\\nlessee, the amount paid shall be applied as a payment upon any rent due\\nor which may accrue upon his lease; if by a mortgagee or an\\nincumbrancer, the amount paid shall be added to his mortgage,\\nincumbrance or other lien, or if he have more than one to the oldest,\\nand shall thereafter be a part of such mortgage, lien or incumbrance and\\nenforceable as such.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "1308", "title" : "Powers and duties of local boards of health", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1308", "activeDate" : "2014-09-22", "sequenceNo" : 454, "repealedDate" : null, "fromSection" : "1308", "toSection" : "1308", "text" : " § 1308. Powers and duties of local boards of health. It shall be the\\nduty of local boards of health to enforce the public health law, the\\nstate sanitary code and local sanitary codes whether promulgated by the\\ncounty or any of the political subdivisions within said county. A local\\nboard of health is hereby authorized to make an ex parte application for\\na temporary restraining order and upon sufficient proof to satisfy it,\\nthe court may grant such an order, where there is a violation within the\\njurisdiction of the local board of health which requires immediate\\nrelief.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "1309", "title" : "City of New York; exceptions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1309", "activeDate" : "2014-09-22", "sequenceNo" : 455, "repealedDate" : null, "fromSection" : "1309", "toSection" : "1309", "text" : " § 1309. City of New York; exceptions. The provisions of sections one\\nthousand three hundred three to one thousand three hundred seven of this\\nchapter, inclusive, shall not apply to the city of New York.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "1310", "title" : "Removal of canine wastes in cities with a population of four hundred thousand or more persons and in the cities of Yonkers and Albany", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1310", "activeDate" : "2014-09-22", "sequenceNo" : 456, "repealedDate" : null, "fromSection" : "1310", "toSection" : "1310", "text" : " § 1310. Removal of canine wastes in cities with a population of four\\nhundred thousand or more persons and in the cities of Yonkers and\\nAlbany. Notwithstanding any contrary provision of law, rule or\\nregulation, in cities with a population of four hundred thousand or more\\npersons and in the cities of Yonkers and Albany, it shall be the duty of\\neach dog owner or person having possession, custody or control of a dog\\nto remove any feces left by his or her dog on any sidewalk, gutter,\\nstreet or other public area. Any violation of this section shall\\nconstitute a violation punishable by a fine or a civil penalty of not\\nmore than two hundred fifty dollars. For the purposes of enforcing the\\nprovisions of this section, appearance tickets may be issued by\\nsanitation officers, dog enumerators, or wardens and by any persons\\nauthorized to issue tickets for parking violations. Notwithstanding any\\nother provision of law to the contrary, in the city of New York, such\\nappearance tickets may be returnable to the environmental control board\\nwhich shall have the power to impose the civil penalties herein\\nprovided. The provisions of this section shall not apply to a guide dog,\\nhearing dog or service dog accompanying any person with a disability, as\\ndefined in subdivision twenty-one of section two hundred ninety-two of\\nthe executive law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "1311", "title" : "Hand washing facilities at certain public establishments featuring animals", "docType" : "SECTION", "publishedDates" : [ "2014-09-26", "2015-03-27" ], "docLevelId" : "1311", "activeDate" : "2015-03-27", "sequenceNo" : 457, "repealedDate" : null, "fromSection" : "1311", "toSection" : "1311", "text" : " § 1311. Hand washing facilities at certain public establishments\\nfeaturing animals. 1. All public establishments including, but not\\nlimited to, carnivals, fairs and amusement parks, as such terms are\\ndefined in section eight hundred seventy-c of the labor law, farms, and\\nfarmers' markets, as such term is defined in section two hundred sixty\\nof the agriculture and markets law, which feature displays of live\\nanimals that patrons may reasonably be expected to come into physical\\ncontact with for the purpose of touching, holding or petting shall\\nprovide hand washing or hand cleansing facilities for such patrons. Hand\\nwashing or hand cleansing facilities may be temporary or permanent\\nfixtures and shall include one or more of the following: soap and\\nrunning water; anti-bacterial fluids, foams or gels; or anti-bacterial\\nor antiseptic wipes or towels.\\n 2. Signs shall be conspicuously posted and shall state in a clear and\\nlegible typeface, the following: \"Animals may carry germs and bacteria\\nthat can cause disease to people. It is strongly recommended that\\npersons wash or cleanse their hands after touching, holding or petting\\nthe animals.\" Such signs shall also indicate where the hand washing or\\nhand cleansing facility is located.\\n 3. The commissioner may make rules guarding against the spread of\\nbacteria and viruses at public establishments that feature animals as\\nprovided in subdivision one of this section, to persons employed at or\\nto patrons of such establishments where such establishments are located\\noutside the city of New York, and where such establishments are located\\nwithin the city of New York, the commissioner of public health of the\\ncity of New York may make and enforce such rules.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 15 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A13T2", "title" : "Noxious Weeds and Growths", "docType" : "TITLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2", "activeDate" : "2014-09-22", "sequenceNo" : 458, "repealedDate" : null, "fromSection" : "1320", "toSection" : "1321", "text" : " TITLE II\\n NOXIOUS WEEDS AND GROWTHS\\nSection 1320. Noxious weeds and growths; declaration of nuisance.\\n 1321. Noxious weeds and growths; notice to abate; enforcement.\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "1320", "title" : "Noxious weeds and growths; declaration of nuisance", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1320", "activeDate" : "2014-09-22", "sequenceNo" : 459, "repealedDate" : null, "fromSection" : "1320", "toSection" : "1320", "text" : " § 1320. Noxious weeds and growths; declaration of nuisance. 1.\\nWhenever in any health district there shall be growing on any property\\ntherein any ragweed or other species of weed, plant or growth which is\\nnoxious or detrimental to the public health, or the seed, pollen or\\nother emanation therefrom, when carried through the air or otherwise\\ndispersed, is noxious or detrimental to the public health, the local\\nboard of health of any such health district may take and file upon its\\nrecords what it shall regard as sufficient proof to authorize a\\ndeclaration that the existence of any such growth is a nuisance or\\ndanger to the public health, and may thereupon enter the same upon its\\nrecords as a nuisance and order the same to be removed, destroyed or\\notherwise abated on any property wherever found.\\n 2. The local board of health may also take and file among its records\\nwhat it shall regard as sufficient proof to authorize a declaration that\\nat any season or period of the year there exists a particular and\\nimminent danger to the public health by reason of the approaching period\\nof pollination of any such growth and may enter such determination upon\\nits record.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "1321", "title" : "Noxious weeds and growths; notice to abate; enforcement", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1321", "activeDate" : "2014-09-22", "sequenceNo" : 460, "repealedDate" : null, "fromSection" : "1321", "toSection" : "1321", "text" : " § 1321. Noxious weeds and growths; notice to abate; enforcement. 1.\\nIn addition to the mode of service of any notice or order of any local\\nboard of health authorized by any other section of this chapter, and\\nduring the period or season when a particular and imminent danger to\\npublic health arising out of the pollination of weeds, plants or growths\\nis determined to exist, any such local board of health may order the\\ndestruction of such weeds, plants or growths and the disposition thereof\\nby posting a copy of such order conspicuously on the property where such\\nnoxious weeds, plants, or growths are found, requiring the destruction\\nor other disposition thereof as shall be directed by such order. The\\nposting of such order shall be sufficient notice of such order to the\\nowner, lessee, occupant of, or principal person or persons interested in\\nsuch property, of the nuisance created by such weeds, plants or growths.\\n 2. If any such order is not complied with, or so far complied with as\\nthe local board of health shall regard as reasonable, within five days\\nafter service, or within a shorter time, which, in case of particular\\nand imminent danger to the public health the local board of health may\\ndesignate, such local board of health or other agency of the\\nmunicipality or county may enter upon any such property and remove and\\ndestroy any weeds, plants and growths noxious or detrimental to the\\npublic health.\\n 3. The provisions of sections thirteen hundred six and thirteen\\nhundred seven of this chapter shall apply respecting the expense of such\\nremoval, destruction or abatement, except where a different method of\\ncollecting such expense is otherwise provided by law for and in respect\\nto any health district, then and in that event the provisions of such\\nlaw in connection therewith shall apply in the case of such health\\ndistrict.\\n 4. The provisions of this section and of section thirteen hundred\\ntwenty of this chapter shall not operate to deprive the local\\nlegislative body of any municipality or county of the power to enact\\nlocal laws in relation to any matter in respect to which such power\\nwould otherwise exist, nor shall it limit such power. If this power\\notherwise exists, any provision of this section and of section thirteen\\nhundred twenty of this chapter may be superseded, supplemented or\\namended by local law in the same manner and to the same extent as such\\nprovisions could be superseded, supplemented or amended had this section\\nand section thirteen hundred twenty of this chapter not been enacted.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 2 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A13T3", "title" : "Tenement House Sanitation", "docType" : "TITLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3", "activeDate" : "2014-09-22", "sequenceNo" : 461, "repealedDate" : null, "fromSection" : "1325", "toSection" : "1325", "text" : " TITLE III\\n TENEMENT HOUSE SANITATION\\nSection 1325. Tenement houses in cities; power of commissioner.\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "1325", "title" : "Tenement houses in cities; power of commissioner", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1325", "activeDate" : "2014-09-22", "sequenceNo" : 462, "repealedDate" : null, "fromSection" : "1325", "toSection" : "1325", "text" : " § 1325. Tenement houses in cities; power of commissioner. 1. The\\ncommissioner shall have power to examine into the enforcement of the\\nlaws relating to tenement houses in any city.\\n 2. Whenever required by the governor, the commissioner shall make such\\nan examination and shall report the results thereof to the governor\\nwithin the time prescribed by him therefor.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 1 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A13T4", "title" : "Labor Camp Sanitation", "docType" : "TITLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4", "activeDate" : "2014-09-22", "sequenceNo" : 463, "repealedDate" : null, "fromSection" : "1330", "toSection" : "1330", "text" : " TITLE IV\\n LABOR CAMP SANITATION\\nSection 1330. Labor camps; violations; notice; injunction;\\n administrative proceedings.\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "1330", "title" : "Labor camps; violations; notice; injunction; administrative proceedings", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1330", "activeDate" : "2014-09-22", "sequenceNo" : 464, "repealedDate" : null, "fromSection" : "1330", "toSection" : "1330", "text" : " § 1330. Labor camps; violations; notice; injunction; administrative\\nproceedings. 1. When it appears to an officer that there has been a\\nviolation of the public health law or sanitary code at or in relation to\\nany labor camp and such violation continues two days after written\\nnotice and demand for the discontinuance thereof, served as provided\\nherein, he shall proceed pursuant to subdivision two or three of this\\nsection with respect to such violation.\\n 2. An officer may institute proceedings to enjoin the continuance of\\nsuch violation or the continued operation of such camp and, for purposes\\nof such proceedings, a violation of any provision of the public health\\nlaw or of the sanitary code shall be considered a public nuisance which\\nmay be enjoined or restrained. No bond or undertaking shall be required\\nof such officer in such proceedings and no application to vacate or\\nmodify any judgment obtained shall be entertained by any court without\\nproof to such court that ten days notice of such application, and copies\\nof the papers upon which the application is to be made, have been served\\nupon such officer.\\n 3. (a) A hearing may be held, upon notice of not less than three days,\\nbefore an officer or his representative. The officer shall make a\\ndetermination with respect to any alleged violation and may assess a\\npenalty not to exceed one hundred dollars for each violation, provided\\nthat (i) if the respondent establishes that a violation which existed\\nprior to the service of the notice of hearing ceased to exist on or\\nprior to the date originally set for the hearing and has not reoccurred,\\nthen any penalty assessed for such violation shall be suspended on the\\ncondition that it will not reoccur during the next twenty-four months or\\n(ii) for initial violations only which do not involve a serious and\\nimmediate risk to health or safety, if, prior to the date originally set\\nfor the hearing, an application for a loan for a farmworker housing\\nproject is made pursuant to section five hundred seventy-six-d of the\\nprivate housing finance law and a satisfactory plan for curing the\\nconditions giving rise to the violation is submitted to and approved by\\nthe department, then any penalty assessed may be vacated if such\\nviolation is cured within a reasonable period of time. In assessing a\\npenalty hereunder, consideration shall be given to good faith efforts to\\ncure the violation made on or prior to the date originally set for the\\nhearing. A violation which continues for more than one day after the\\nexpiration of the two days for compliance provided for in subdivision\\none shall be considered to be a separate violation for each day that it\\ncontinues after such notice and demand for discontinuance have been\\nserved.\\n (b) The notice of hearing also may provide that the labor camp may be\\nordered vacated if such an order is determined to be necessary for the\\nhealth and safety of its occupants or of the community in which it is\\nlocated. If the notice of hearing contains this provision and such an\\norder is determined to be necessary, then the officer shall issue such\\norder.\\n (c) The hearing officer acting pursuant to this subdivision may issue\\nsubpoenas which shall be regulated by the civil practice law and rules.\\n 4. Before the effective date of an order or judgment enjoining the\\ncontinued operation of a camp pursuant to subdivision two or of an order\\ndirecting the vacating of such camp pursuant to subdivision three, the\\nofficer shall notify the county agricultural agent, the representative\\nof the nearest office of the state employment service, and the county\\nsocial services commissioner.\\n 5. A notice required by this section may be served upon the owner or\\noperator of the camp in the same manner as a summons in a civil action,\\nor by registered mail to such owner or operator at the address filed by\\nhim in the department or county health department or, if an address is\\nnot so filed, to his last known address or place of residence.\\n 6. An officer may request and shall receive from all public officers,\\ndepartments and agencies of the state and its political subdivisions\\nsuch cooperation and assistance as may be necessary or proper in the\\nenforcement of the provisions of this section.\\n 7. Nothing contained in this section shall be construed to limit the\\nduty or power of an officer to act with regard to an immediate threat to\\nthe health of the occupants of a camp or the community in which it is\\nlocated, or to alter or abridge any of the duties and powers now or\\nhereafter existing in the commissioner, state district health officers,\\ncounty boards of health, county commissioners of health, local boards of\\nhealth or other public agencies or public officials, or any private\\nparty.\\n 8. As used in this section, the term \"officer\" shall mean the\\ncommissioner, or the county commissioner of health or the state district\\nhealth officer having jurisdiction.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 1 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A13T5", "title" : "Suppression of Certain Businesses", "docType" : "TITLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "5", "activeDate" : "2014-09-22", "sequenceNo" : 465, "repealedDate" : null, "fromSection" : "1335", "toSection" : "1336", "text" : " TITLE V\\n SUPPRESSION OF CERTAIN BUSINESSES\\nSection 1335. Certain businesses prohibited; application.\\n 1336. Certain businesses prohibited; enforcement; violation.\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "1335", "title" : "Certain businesses prohibited; application", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1335", "activeDate" : "2014-09-22", "sequenceNo" : 466, "repealedDate" : null, "fromSection" : "1335", "toSection" : "1335", "text" : " § 1335. Certain businesses prohibited; application. 1. It shall not\\nbe lawful for any person to engage in or carry on the business of fat\\nrendering, boneboiling or the manufacture of fertilizers or any business\\nas a public nuisance within the corporate limits of any incorporated\\ncity of this state, or within a distance of three miles from the\\ncorporate limits of any incorporated city, provided, however, that\\nnothing herein contained shall prevent the rendering of fresh killed\\ncattle or swine.\\n 2. This section shall not apply to the counties of Fulton, Wayne,\\nTompkins, Chautauqua, Orange, Dutchess, Erie, Monroe, Oneida, Onondaga,\\nNew York, Schoharie, Ulster, Greene, Cayuga, Cattaraugus, Niagara,\\nSaratoga, Schenectady, Hamilton, Montgomery and Orleans.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "1336", "title" : "Certain businesses prohibited; enforcement; violation", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1336", "activeDate" : "2014-09-22", "sequenceNo" : 467, "repealedDate" : null, "fromSection" : "1336", "toSection" : "1336", "text" : " § 1336. Certain businesses prohibited; enforcement; violation. 1. All\\ndepartments of health or the commissioner or commissioners thereof in\\nany incorporated city of this state shall have power to enforce the\\nprovisions of section thirteen hundred thirty-five of this chapter.\\n 2. Any person violating the provisions of section thirteen hundred\\nthirty-five of this chapter shall, upon conviction thereof, be guilty of\\na misdemeanor.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 2 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A13T6", "title" : "Bathing Establishments", "docType" : "TITLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6", "activeDate" : "2014-09-22", "sequenceNo" : 468, "repealedDate" : null, "fromSection" : "1340", "toSection" : "1342", "text" : " TITLE VI\\n BATHING ESTABLISHMENTS\\nSection 1340. Bathing places; sanitary requirements.\\n 1341. Bathing places; safety requirements; ropes and life\\n preservers.\\n 1342. Bathing places; violations; penalties; enforcement.\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "1340", "title" : "Bathing places; sanitary requirements", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1340", "activeDate" : "2014-09-22", "sequenceNo" : 469, "repealedDate" : null, "fromSection" : "1340", "toSection" : "1340", "text" : " § 1340. Bathing places; sanitary requirements. 1. It shall be\\nunlawful for any person to maintain, either as owner or lessee, any\\nbathing establishment of any kind, in this state, for the accommodation\\nof persons, for pay, or any consideration, at a point less than five\\nhundred feet from any sewer connection emptying therein, or thereat, so\\nas to pollute in any way, the waters used by those using or hiring\\nbathing houses at such bathing establishment.\\n 2. It shall be the duty of the owner, lessee or any other person\\nmaintaining any bathing establishment of any kind:\\n (a) to provide separate toilet rooms, with water-closets properly\\nprovided with sanitary plumbing, constructed in a manner approved by the\\nlocal board of health of the health district wherein the bathing\\nestablishment is located, and in such a way as not to contaminate the\\nwaters used by the bathers; and,\\n (b) to thoroughly wash and disinfect, or cause to be thoroughly washed\\nand disinfected, in a manner approved by the said local board of health,\\nall bathing suits that have been hired or used, before re-hiring or\\npermitting the use of the same again.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "1341", "title" : "Bathing places; safety requirements; ropes and life preservers", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1341", "activeDate" : "2014-09-22", "sequenceNo" : 470, "repealedDate" : null, "fromSection" : "1341", "toSection" : "1341", "text" : " § 1341. Bathing places; safety requirements; ropes and life\\npreservers. 1. (a) It shall be the duty of every person maintaining, as\\nowner or lessee, any bathing establishment of any kind along the\\nseashore of this state for the accommodation of persons for pay, to\\nprovide, for the safety of such bathers, two lines of sound, serviceable\\nand strong manila or hemp rope, not less than one inch in diameter,\\nanchored at some point above high water, at the same distance apart as\\nthe lines of bathing houses, or space fronting on such beach occupied by\\nhim or them, is in width. From the two points at which such life-lines\\nare so anchored, such life-lines shall be made to extend as far into the\\nsurf as bathing is ordinarily safe and free from danger of drowning to\\npersons not expert in swimming, and at such points of safety, such lines\\nshall be anchored and buoyed. From the two points of such lines so\\nextended, anchored and buoyed, a third rope shall be extended, of a\\nsimilar size, connecting the two extremities, and buoyed at such points\\nas to be principally above the surface of the water, thereby inclosing a\\nspace within such lines and the beach within which bathing is believed\\nto be safe. In addition thereto, there shall be sufficient ropes of a\\nsimilar size as herein described, anchored from a point at high water\\nmark and buoyed or anchored at a parallel line or within the outer cross\\nrope, so as to have not more than a space of seventy-five feet from one\\nrope to another; and\\n (b) Every person maintaining any such bathing establishment shall\\ncause to be painted and posted in some prominent place upon the beach\\nnear such bathing houses the following words: \"Bathing beyond the lines\\ndangerous\", and\\n (c) Such lines so placed, anchored and buoyed, and such notice so\\nposted, shall be so maintained and continued by every person maintaining\\nany such establishment, during the entire season of surf bathing.\\n 2. (a) Every person maintaining any such bathing establishment shall\\nalso keep and provide in connection therewith, for the facilitating of\\nthe rescue of persons in danger of drowning, a surfboat or a personal\\nwatercraft as defined in subdivision thirty of section two of the\\nnavigation law and in compliance with the regulations of the\\ncommissioner. A surfboat shall be not less than sixteen feet long, on\\neach side of which there shall be hanging ropes arranged so that persons\\nin the water can easily catch hold of same, or be supported thereby.\\nSuch boats shall be equipped with two or more sets of oars and\\nlife-lines and life-belts, and at least one ring buoy or life preserver,\\nwith quarter-inch cotton line, not less than five hundred feet in\\nlength, with suitable reel attached thereto. In addition thereto, there\\nshall be anchored on the shore, a suitable reel with a half-inch cotton\\nline not less than five hundred feet in length, with a life-belt\\nattached thereto, kept in good order and proper condition, so that it\\ncan readily be used by those assisting in saving life.\\n (b) At all bathing establishments where there are equipments for two\\nhundred bathers or more, said surf or life-boat shall be stationed in\\nthe water, opposite the lines, manned and in readiness for use, during\\nbathing hours.\\n 3. Every person maintaining any such bathing establishment shall\\nemploy or otherwise engage or provide the services of a bathing master\\nor life-guard at such bathing establishment, who shall be an expert\\nswimmer, and who shall be in constant and watchful attendance during\\nbathing hours.\\n 4. The owner of a bathing establishment shall not be subject to the\\nprovisions of this section when it is used, occupied or maintained by a\\nlessee for hire, but such lessee shall be deemed the keeper or\\nproprietor or person maintaining such bathing establishment.\\n 5. Nothing in this section shall be construed in any way to affect any\\nbathing establishments, in any municipality, or any bathing\\nestablishments or bathing beaches operated by a regional state park\\ncommission, at which there is maintained at public expense a life-saving\\nguard.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "1342", "title" : "Bathing places; violations; penalties; enforcement", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1342", "activeDate" : "2014-09-22", "sequenceNo" : 471, "repealedDate" : null, "fromSection" : "1342", "toSection" : "1342", "text" : " § 1342. Bathing places; violations; penalties; enforcement. 1. Any\\nperson violating any of the provisions of section thirteen hundred\\nforty-one of this chapter, shall forfeit and pay a penalty of not less\\nthan fifty dollars, nor more than two hundred dollars to be recovered by\\nthe sheriff of the county in which such violation is committed, except\\nin the city of New York, when the penalty shall be sued for in the name\\nof the department of health of the city of New York and collected by it.\\n 2. A separate penalty may be recovered for each day that any person\\nsubject to the provisions of this section may violate any of the\\nprovisions of the same; but no penalty shall be recovered for any other\\nviolation thereof than shall have occurred during the days when the\\nowner or lessee, or other person, maintaining the said bathing\\nestablishments, shall have kept the same open for the use of the public,\\nor for such persons as may be the guests of any hotel with which such\\nbathing establishments may be connected.\\n 3. It shall be the duty of the sheriffs and constables of the several\\ncounties of this state abutting upon the seashore, to see that in their\\nrespective counties the provisions of this section are enforced, and to\\nbring suit for the recovery of the penalty therein provided, unless some\\nother person had already brought suit for the same.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 3 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A13T7", "title" : "Hotel Sanitation", "docType" : "TITLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "7", "activeDate" : "2014-09-22", "sequenceNo" : 472, "repealedDate" : null, "fromSection" : "1345", "toSection" : "1348", "text" : " TITLE VII\\n HOTEL SANITATION\\nSection 1345. Hotel sanitation; sewage; ventilation.\\n 1346. Hotel sanitation; bedding; sheets, towels, drinking\\n glasses, silverware and flatware.\\n 1347. Hotel sanitation; enforcement; violations.\\n 1348. Hotel sanitation; application of article.\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "1345", "title" : "Hotel sanitation; sewage; ventilation", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1345", "activeDate" : "2014-09-22", "sequenceNo" : 473, "repealedDate" : null, "fromSection" : "1345", "toSection" : "1345", "text" : " § 1345. Hotel sanitation; sewage; ventilation. Every hotel shall be\\nwell drained and ventilated and every hotel connected with a cesspool or\\nlocated in any municipality having a sewer system shall be well\\nventilated, drained, plumbed and connected according to sanitary\\nprinciples with such cesspool or sewer system, and shall be kept free\\nfrom effluvia arising from sewer, drain, water-closet or other source\\nwithin the control of the owner, manager, agent or other person in\\ncharge of said hotel.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "1346", "title" : "Hotel sanitation; bedding; sheets, towels, drinking glasses, silverware and flatware", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1346", "activeDate" : "2014-09-22", "sequenceNo" : 474, "repealedDate" : null, "fromSection" : "1346", "toSection" : "1346", "text" : " § 1346. Hotel sanitation; bedding; sheets, towels, drinking glasses,\\nsilverware and flatware. 1. Every hotel shall furnish each guest with\\nclean linen or cotton individual towels in each room occupied by such\\nguest, and also in the public lavatories and washrooms of such hotel,\\nand with clean sheets and pillow slips for the bed, bunk, or cot to be\\noccupied by such guest.\\n 2. Every hotel that furnishes drinking glasses, silverware or flatware\\nin individual rooms shall provide that such items are fully sanitized\\nusing proper techniques as provided for by the department.\\n 3. Each sheet shall be ninety-one inches long, minimum length after\\nbeing hemmed and laundered, and of sufficient width to completely cover\\nthe mattress and springs, and all sheets and pillow slips after being\\nused by one guest must be washed, ironed and dried before being\\nfurnished to another guest.\\n 4. Nothing in this section shall prevent local municipalities from\\nenacting stricter laws, rules or regulations.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "1347", "title" : "Hotel sanitation; enforcement; violations", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1347", "activeDate" : "2014-09-22", "sequenceNo" : 475, "repealedDate" : null, "fromSection" : "1347", "toSection" : "1347", "text" : " § 1347. Hotel sanitation; enforcement; violations. 1. All departments\\nand boards of health and the commissioner or commissioners thereof shall\\nhave the power to enforce the provisions of sections thirteen hundred\\nforty-five to thirteen hundred forty-seven, inclusive, of this chapter.\\n 2. The commissioners of health and the respective local boards of\\nhealth and any person authorized by either of them so to do, may enter\\nany hotel or any part thereof at any reasonable time to inspect and\\nexamine the same, to determine whether or not the laws and regulations\\nrelating to hotels are being violated.\\n 3. Any hotel proprieter or manager violating any of the provisions of\\nsections thirteen hundred forty-five to thirteen hundred forty-seven,\\ninclusive, of this chapter, is guilty of a misdemeanor.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "1348", "title" : "Hotel sanitation; application of article", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1348", "activeDate" : "2014-09-22", "sequenceNo" : 476, "repealedDate" : null, "fromSection" : "1348", "toSection" : "1348", "text" : " § 1348. Hotel sanitation; application of article. The provisions of\\nsections thirteen hundred forty-five to thirteen hundred forty-seven,\\ninclusive, of this chapter, shall not apply to cities having a\\npopulation of one million inhabitants or over.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 4 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A13T8", "title" : "Food Handling", "docType" : "TITLE", "publishedDates" : [ "2014-09-22", "2015-11-06", "2020-08-07", "2022-11-25", "2024-11-29", "2025-11-14" ], "docLevelId" : "8", "activeDate" : "2015-11-06", "sequenceNo" : 477, "repealedDate" : null, "fromSection" : "1350", "toSection" : "1355", "text" : " TITLE VIII\\n FOOD HANDLING\\nSection 1350. Food places; powers of the commissioner.\\n 1351. Food places; duty to permit inspections.\\n 1352. Food places; sanitary requirements.\\n 1352-a. Food places; toilet facilities.\\n 1352-b. Public eating establishments; first aid instructions\\n concerning food lodged in throat; liability.\\n 1352-c. Ice cream or other frozen desserts made with wine.\\n 1352-d. Public food service establishment inspection results.\\n 1352-e. Companion dogs at food service establishments.\\n 1353. Food places; violations; penalties.\\n 1354. Contracts for meat inspection.\\n 1355. Food service safety and sanitation training.\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "1350", "title" : "Food places; powers of the commissioner", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1350", "activeDate" : "2014-09-22", "sequenceNo" : 478, "repealedDate" : null, "fromSection" : "1350", "toSection" : "1350", "text" : " § 1350. Food places; powers of the commissioner. 1. The commissioner\\nshall have full power and authority to inspect and supervise all public\\nplaces in this state in which food is prepared, sold or served.\\n 2. The commissioner may appoint and designate, from time to time,\\npersons to make the inspections authorized by this section and section\\nthirteen hundred fifty-one, of this chapter.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "1351", "title" : "Food places; duty to permit inspections", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1351", "activeDate" : "2014-09-22", "sequenceNo" : 479, "repealedDate" : null, "fromSection" : "1351", "toSection" : "1351", "text" : " § 1351. Food places; duty to permit inspections. Every owner,\\noperator, lessor, lessee or person in charge of any hotel, restaurant,\\ndining room, dining car, drug store, soda fountain, steamboat or other\\nplace engaged in the preparation, sale or service of food for and to the\\ngeneral public, and every officer or other person in charge of any\\npublic, penal or charitable institution in this state, shall permit the\\ncommissioner or his duly authorized agents or employees to have access\\nto all parts of any and all of such places herein mentioned wherein food\\nis stored, prepared or served for the purpose of ascertaining whether\\nthe provisions of sections thirteen hundred fifty to thirteen hundred\\nfifty-two, inclusive, of this chapter, and the provisions of the\\nsanitary code and provisions of local ordinances or regulations are\\nbeing observed.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "1352", "title" : "Food places; sanitary requirements", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1352", "activeDate" : "2014-09-22", "sequenceNo" : 480, "repealedDate" : null, "fromSection" : "1352", "toSection" : "1352", "text" : " § 1352. Food places; sanitary requirements. 1. A person or corporation\\nengaged in the preparation and sale of food in any hotel, public\\nrestaurant, public dining room, dining car, drug store, soda fountain,\\nsteamboat or in any other place where food is prepared, sold or served\\nfor and to the general public in this state, or an officer of any\\npublic, penal or charitable institution in this state, shall not use in\\nthe preparation or service of any food utensils, dishes, glasses or\\nother containers which have not been previously cleansed and made\\nsanitary. In such cleansing the use of water which has become unsanitary\\nby previous use is prohibited.\\n 2. It shall be unlawful to furnish or serve in any public eating or\\ndrinking establishment, any straw, tube or similar device for drinking\\nout of glasses, cups or containers of any type unless such straw, tube\\nor similar device conforms to and is furnished or served in accordance\\nwith the following requirements: When offered for use, it shall be\\ncompletely enclosed in an impervious or a bactericidal wrapper to be\\nopened by the ultimate user; if unwrapped it may be used if it is kept\\nin an approved sanitary dispenser loaded from the original package\\nwithout handling, which dispenses one such straw, tube or device at a\\ntime directly to the user and which is so constructed that the interior\\nmay be cleaned and kept in a sanitary condition; unused loose straws,\\ntubes or devices already dispensed from the dispensing container shall\\nnot be used again. No single-service paper containers, paper cups, paper\\nspoons, paper forks or paper plates shall be used a second time.\\n 3. The commissioner shall require in food service establishments, as\\ndefined in the state sanitary code, for foods to be conveyed to the\\nconsumer uncooked and for foods handled after being cooked but prior to\\nbeing conveyed to the consumer, that such food not come into direct\\nmanual contact with persons responsible for preparing or serving the\\nfood. Sanitary gloves, sanitary utensils or other effective barriers\\nshall be utilized to avoid manual contact in the preparation and\\nconveyance of these foods to the consumer. In preparing regulations\\npursuant to this subdivision, the commissioner may provide for an\\nalternate standard that would permit minimal manual contact based upon\\nfinding that such alternate standard would protect worker safety and not\\ncompromise consumer health. In preparing regulations the commissioner\\nshall consult with representatives of the food service industry,\\nincluding workers in the industry.\\n 4. To the extent that funds are available for the purposes set forth\\nin this subdivision, the commissioner shall require that the following\\nfood service establishments: restaurants, bars, membership\\norganizations, fraternal organizations, and private clubs, excepting\\nestablishments licensed pursuant to section sixty-four-a of the\\nalcoholic beverage control law, that are not regulated by the department\\nof agriculture and markets, at all times have in their employment at\\nleast one individual who has been trained and certified by an\\norganization, approved by the commissioner, which specializes in and\\nprovides instruction concerning the safe and proper handling,\\npreparation, cooking, storage, serving, delivery, removal and disposal\\nof food. Attendance at any course established pursuant to this section\\nshall be in person, through distance learning methods, or through an\\nInternet based online program. Such training shall meet the standards\\nset forth by the commissioner pursuant to section thirteen hundred\\nfifty-five of this title, either: (a) pursuant to a program approved by\\nthe commissioner under such section, or (b) pursuant to a course that\\nshall address but not be limited to the following topics:\\n (i) Contamination, food allergies and foodborne illness.\\n (ii) Purchasing and receiving safe food.\\n (iii) Keeping food safe in storage.\\n (iv) Protecting food during preparation.\\n (v) Protecting food during service.\\n (vi) Sanitary facilities and equipment.\\n (vii) Cleaning and sanitizing.\\n (viii) Integrated pest management.\\n (ix) Food-safety regulations and standards.\\n (x) Employee food-safety training.\\n The commissioner shall allow a licensee a period of up to thirty days\\nto come into compliance with this subdivision where an employee who has\\nbeen certified as having completed the approved food safety training\\nprogram separates from his or her place of employment.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "1352-A", "title" : "Food places; toilet facilities", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1352-A", "activeDate" : "2014-09-22", "sequenceNo" : 481, "repealedDate" : null, "fromSection" : "1352-A", "toSection" : "1352-A", "text" : " § 1352-a. Food places; toilet facilities. 1. A person or corporation\\noperating an establishment with a seating capacity of twenty or more\\nwherein food is sold for consumption on the premises shall provide\\nappropriately identified and maintained public toilet facilities except\\nthat if there exists alternate available facilities in the same building\\nwherein such establishment is located, suitable public notice of such\\nalternate facility shall suffice for purposes of this act.\\n 2. The provisions of subdivision one of this section shall not apply\\nto establishments in operation on the effective date of this act.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "1352-B", "title" : "Public eating establishments; first aid instructions concerning food lodged in throat; liability", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1352-B", "activeDate" : "2014-09-22", "sequenceNo" : 482, "repealedDate" : null, "fromSection" : "1352-B", "toSection" : "1352-B", "text" : " § 1352-b. Public eating establishments; first aid instructions\\nconcerning food lodged in throat; liability. 1. Definitions. For\\npurposes of this section:\\n a. \"Public eating establishment\" shall mean a cafeteria or lunchroom\\nlocated in a school or educational institution and a restaurant, dining\\nroom, dining car or other place engaged in the preparation and service\\non the premises of food for and to the general public;\\n b. \"Choking emergency\" shall mean a situation occurring in a public\\neating establishment in which food has become lodged in a person's\\nthroat in such a manner as to prevent or severely inhibit the continued\\nbreathing of such person.\\n 2. First aid instructions. a. The commissioner shall adopt and approve\\nfirst aid instructions designed and intended for use in removing food\\nlodged in the throat of a victim of a choking emergency. Such\\ninstructions shall be limited to first aid techniques not involving the\\nuse of any physical instrument or device to be inserted into the\\nvictim's mouth or throat.\\n b. The commissioner shall, as soon as is practicable, supply to the\\nproprietor of every public eating establishment in this state such\\nadopted and approved instructions.\\n 3. Posting. The proprietor of every public eating establishment in\\nthis state shall, upon receipt thereof, post such instructions in a\\nconspicuous place or places in order that the proprietor and employees\\nmay become familiar with them, and in order that the instructions may be\\nconsulted by any person attempting to provide relief to the victim of a\\nchoking emergency; provided, that the fact that such instructions shall\\nnot have been posted as required by this section at the time of a\\nchoking emergency shall not in and of itself subject such a proprietor,\\nor his employees or agents, to liability in any civil action for damages\\nfor personal injuries or wrongful death arising from such choking\\nemergency.\\n 4. No duty to act. Nothing contained in this section shall impose any\\nduty or obligation on any proprietor, employee or other person to\\nremove, assist in removing, or attempt to remove food from the throat of\\nthe victim of a choking emergency.\\n 5. Immunity from liability. Notwithstanding any inconsistent provision\\nof law or ordinance, a proprietor, employee or other person who\\nvoluntarily and without expectation of monetary compensation removes,\\nassists in removing, or attempts to remove food from the throat of the\\nvictim of a choking emergency in accordance with the instructions\\nadopted by the commissioner shall not be liable for damages for injuries\\nalleged to have been sustained by such victim or for damages for the\\ndeath of such victim alleged to have occurred by reason of an act or\\nomission in the rendering of such emergency assistance unless it is\\nestablished that such injuries were, or such death was, caused by gross\\nnegligence on the part of such proprietor, employee or person.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "1352-C", "title" : "Ice cream or other frozen desserts made with wine, beer or cider", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2018-07-13", "2020-08-07" ], "docLevelId" : "1352-C", "activeDate" : "2018-07-13", "sequenceNo" : 483, "repealedDate" : null, "fromSection" : "1352-C", "toSection" : "1352-C", "text" : " § 1352-c. Ice cream or other frozen desserts made with wine, beer or\\ncider. No person shall sell at retail individual servings of ice cream\\nor other frozen desserts made with wine, beer or cider bearing or\\ncontaining more than one-half of one percent but not more than five\\npercent of alcohol by volume, unless the following statements are\\nprominently displayed on the printed menu (or, if no printed menus are\\nused, on the menu board or sign setting forth the bill of fare)\\nimmediately adjacent to the listing of the item or items of ice cream or\\nother frozen desserts made with wine, beer or cider being offered\\nprovided that such statements may refer to wine, beer or cider or a\\ncombination thereof:\\n 1. The sale of (insert wine, beer and/or cider) ice cream or other\\nfrozen desserts to individuals under the age of twenty-one is\\nprohibited.\\n 2. (Insert wine, beer and/or cider) ice cream or other frozen desserts\\ncontain alcohol up to five percent by volume.\\n 3. Notice: (Insert wine, beer and/or cider) ice cream or other frozen\\ndesserts contain alcohol used as a flavoring and, as with any product\\nthat contains alcohol:\\n (a) women should not consume alcohol during pregnancy because of the\\nrisk of birth defects, and\\n (b) consumption of alcohol impairs your ability to drive a car or\\noperate machinery, and may cause health problems.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "1352-D", "title" : "Public food service establishment inspection results", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2014-12-19" ], "docLevelId" : "1352-D", "activeDate" : "2014-12-19", "sequenceNo" : 484, "repealedDate" : null, "fromSection" : "1352-D", "toSection" : "1352-D", "text" : " § 1352-d. Public food service establishment inspection results. 1. (a)\\nThe department shall make available and prominently post on its website\\nall public food service establishment inspection results for the most\\nrecent three years for which data is available, which shall include the\\ndetermination concerning any alleged violation of this title.\\n (b) As used in this section, \"its website\" means a website or a\\nportion of a website maintained by an entity of state government on\\nwhich the department regularly posts departmental information.\\n (c) If a county department of health or local board of health\\nmaintains a website, it shall post a link to the department's website\\nwhere the food service establishment inspection results are available.\\n 2. A city with a population over one million shall be exempted from\\nthe provisions of this section.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "1352-E", "title" : "Companion dogs at food service establishments", "docType" : "SECTION", "publishedDates" : [ "2015-11-06" ], "docLevelId" : "1352-E", "activeDate" : "2015-11-06", "sequenceNo" : 485, "repealedDate" : null, "fromSection" : "1352-E", "toSection" : "1352-E", "text" : " § 1352-e. Companion dogs at food service establishments. 1. Companion\\ndogs under the control of a person may be allowed in an outdoor dining\\narea at a food service establishment if all of the following conditions\\nare satisfied:\\n (a) the owner of the food facility elects to allow companion dogs in\\nits outdoor dining area or a designated portion of it, and subject to\\nany restrictions that the owner of the facility may establish;\\n (b) a separate outdoor entrance is present where companion dogs enter\\nwithout going through the food establishment to reach the outdoor dining\\narea and companion dogs are not allowed on chairs, benches, seats or\\nother fixtures;\\n (c) the outdoor dining area in which companion dogs are allowed is not\\nused for food or drink preparation or the storage of utensils. A food\\nemployee may refill a beverage glass in the outdoor dining area from a\\npitcher or other container;\\n (d) food and water provided to companion dogs shall only be in\\nsingle-use disposable containers;\\n (e) food employees are prohibited from having direct contact with\\ncompanion dogs while on duty. A food employee who does have such\\nprohibited direct contact shall wash his or her hands as required by\\nlaw;\\n (f) the outdoor dining area is maintained clean. Surfaces that have\\nbeen contaminated by dog excrement or other bodily fluids shall be\\ncleaned and sanitized;\\n (g) the companion dog is on a leash or confined in a pet carrier and\\nis under the control of the companion dog owner;\\n (h) there is reasonable signage indicating that companion dogs are\\nallowed in the outdoor dining area or a designated portion of it. The\\nsignage shall state that restrictions on companion dogs do not apply to\\nguide, hearing or service animals;\\n (i) the food facility owner ensures compliance with local ordinances\\nrelated to sidewalks, public nuisance and sanitation; and\\n (j) such other control measures approved by the enforcement agency are\\ncomplied with.\\n 2. This section shall not impair or diminish the right of an\\nindividual to be accompanied by an animal where otherwise permitted by\\nlaw, including but not limited to the rights of people with disabilities\\nusing guide, hearing or service animals.\\n 3. For purposes of this section:\\n (a) \"Food service establishment\" shall mean any business which has\\nareas, including outdoor seating areas, in which food is sold for\\non-premises consumption.\\n (b) \"Companion dog\" shall mean a domesticated dog accompanying an\\nindividual or owner for the purpose of companionship or convenience of\\nsuch individual or owner, and shall not include guide, hearing or\\nservice dogs.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "1353", "title" : "Food places; violations; penalties", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1353", "activeDate" : "2014-09-22", "sequenceNo" : 486, "repealedDate" : null, "fromSection" : "1353", "toSection" : "1353", "text" : " § 1353. Food places; violations; penalties. 1. Any person or\\ncorporation, or officer thereof, violating any of the provisions of\\nsections thirteen hundred fifty to thirteen hundred fifty-three,\\ninclusive, of this chapter, shall be guilty of a misdemeanor.\\n 2. The conviction of a corporation shall not relieve any officer or\\nofficers, agents or employees of such corporation from prosecution under\\nthe provisions of sections thirteen hundred fifty to thirteen hundred\\nfifty-three, inclusive, of this chapter.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "1354", "title" : "Contracts for meat inspection", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1354", "activeDate" : "2014-09-22", "sequenceNo" : 487, "repealedDate" : null, "fromSection" : "1354", "toSection" : "1354", "text" : " § 1354. Contracts for meat inspection. When a board of health of a\\ncounty or part county health district or a city, or a public health\\ncommittee of a county has made application to the commissioner for\\napproval of a meat inspection program and providing such application has\\nbeen approved by the commissioner, the board of supervisors of any such\\ncounty or the common council of any such city, may approve and enter\\ninto a contract with another county or city for inspection in such\\ncounty or city which has no meat inspection program. The county or city\\nreceiving such meat inspection shall pay to the county or city doing the\\nmeat inspection an amount agreed upon but not less than the actual cost\\nof any such meat inspection. Any county or city may accept contributions\\nfrom any individual, company or corporation which receives the benefit\\nof any meat inspection.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "1355", "title" : "Food service safety and sanitation training", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1355", "activeDate" : "2014-09-22", "sequenceNo" : 488, "repealedDate" : null, "fromSection" : "1355", "toSection" : "1355", "text" : " § 1355. Food service safety and sanitation training. 1. The\\ncommissioner shall promulgate rules and regulations (a) establishing\\nfood service safety and sanitation training programs and providing\\nstandards therefor or (b) providing for the approval of such programs to\\nbe administered by local health officials or private parties in\\naccordance with such rules and regulations.\\n 2. Such regulations shall include a provision permitting private\\ncitizens working in establishments subject to the jurisdiction of the\\ncommissioner pursuant to this title to attend such training program.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 11 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A13T9", "title" : "Location and Dispostion of Radioactive Gold Jewelry", "docType" : "TITLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "9", "activeDate" : "2014-09-22", "sequenceNo" : 489, "repealedDate" : null, "fromSection" : "1360", "toSection" : "1360", "text" : " * TITLE IX\\n LOCATION AND DISPOSTION OF RADIOACTIVE GOLD JEWELRY\\nSection 1360. Location and disposition of radioactive gold jewelry.\\n * NB Expired July 21, 1982\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "1360", "title" : "Location and disposition of radioactive gold jewelry", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1360", "activeDate" : "2014-09-22", "sequenceNo" : 490, "repealedDate" : null, "fromSection" : "1360", "toSection" : "1360", "text" : " * § 1360. Location and disposition of radioactive gold jewelry. 1.\\nThe commissioner is hereby authorized and directed to establish a\\nprogram, which shall include the use of such investigations and\\npersonnel as may be necessary, to identify gold jewelry which has been\\ncontaminated by radioactive material which is, or may be, possessed by\\nresidents of this state. Such program shall be publicized by the\\ncommissioner, as may be practicable, to encourage residents to have such\\nsuspected radioactive gold jewelry tested free of charge, except that\\njewelers, manufacturers or distributors of gold jewelry may be charged a\\nreasonable fee for the cost of such tests, as determined by the\\ncommissioner.\\n 2. Notwithstanding any contrary provisions of law, in any case where\\nsuch gold jewelry is so identified as radioactive, the commissioner is\\nhereby authorized and empowered to purchase from a resident on behalf of\\nthe state such radioactive gold jewelry presented by such resident at\\nthe commercial value of the gold content of the radioactive gold\\njewelry, upon such terms and conditions as the commissioner deems\\nnecessary and proper, and within the amount appropriated by the\\nlegislature for this purpose.\\n 3. Any such gold jewelry, purchased pursuant to the provisions of this\\nsection, shall be held decontaminated or disposed of in such a manner as\\nshall be determined necessary and proper by the commissioner which\\ndisposition, however, may include, but not be limited to, the\\ndestruction thereof.\\n 4. Any person, firm, association or corporation who learns that they\\npossess radioactive gold jewelry shall immediately notify the\\ncommissioner or his designee of the existence of such radioactive gold\\njewelry.\\n * NB Expired July 21, 1982\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 1 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A13T10", "title" : "Control of Lead Poisoning", "docType" : "TITLE", "publishedDates" : [ "2014-09-22", "2021-12-03", "2022-03-04", "2023-05-12", "2023-06-23" ], "docLevelId" : "10", "activeDate" : "2014-09-22", "sequenceNo" : 491, "repealedDate" : null, "fromSection" : "1370", "toSection" : "1376-A", "text" : " TITLE X\\n CONTROL OF LEAD POISONING\\nSection 1370. Definitions.\\n 1370-a. Lead poisoning prevention program.\\n 1370-b. Advisory council on lead poisoning prevention.\\n 1370-c. Screening by health care providers.\\n 1370-d. Lead screening of child care or pre-school enrollees.\\n 1370-e. Reporting lead exposure levels.\\n 1371. Manufacture and sale of lead painted toys and furniture.\\n 1372. Use of leaded paint.\\n 1373. Abatement of lead poisoning conditions.\\n 1374. Receivership.\\n 1375. Enforcement agencies.\\n 1376-a. Sale of consumer products containing lead or cadmium.\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "1370", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2019-04-19", "2023-05-12", "2023-06-23", "2025-11-07" ], "docLevelId" : "1370", "activeDate" : "2019-04-19", "sequenceNo" : 492, "repealedDate" : null, "fromSection" : "1370", "toSection" : "1370", "text" : " § 1370. Definitions. When used in this title, the following words and\\nphrases shall have the following meanings, unless the context clearly\\nrequires otherwise:\\n 1. \"Dwelling\" means a building or structure or portion thereof,\\nincluding the property occupied by and appurtenant to such dwelling,\\nwhich is occupied in whole or in part as the home, residence or sleeping\\nplace of one or more human beings and shall, without limiting the\\nforegoing, include child care facilities for children under six years of\\nage, kindergartens and nursery schools.\\n 2. \"Area of high risk\" means an area designated as such by the\\ncommissioner or his representative and consisting of one or more\\ndwellings in which a condition conducive to lead poisoning of children\\nis present.\\n 3. \"A condition conducive to lead poisoning\" means: (i) paint or other\\nsimilar surface-coating material containing lead in a condition\\naccessible for ingestion or inhalation or where peeling or chipping of\\nthe paint or other similar surface-coating material occurs or is likely\\nto occur; and (ii) other environmental conditions which may result in\\nsignificant lead exposure.\\n 4. \"Program\" means the lead poisoning prevention program in the\\ndepartment established pursuant to section thirteen hundred seventy-a of\\nthis title.\\n 5. \"Council\" means the advisory council on lead poisoning prevention\\nestablished pursuant to section thirteen hundred seventy-b of this\\ntitle.\\n 6. \"Elevated lead levels\" means a blood lead level greater than or\\nequal to five micrograms of lead per deciliter of whole blood or such\\nlower blood lead level as may be established by the department pursuant\\nto rule or regulation.\\n 7. \"Person\" means any natural person.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "1370-A", "title" : "Lead poisoning prevention program", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2022-08-19" ], "docLevelId" : "1370-A", "activeDate" : "2014-09-22", "sequenceNo" : 493, "repealedDate" : null, "fromSection" : "1370-A", "toSection" : "1370-A", "text" : " § 1370-a. Lead poisoning prevention program. 1. The department shall\\nestablish a lead poisoning prevention program. This program shall be\\nresponsible for establishing and coordinating activities to prevent lead\\npoisoning and to minimize risk of exposure to lead. The department shall\\nexercise any and all authority which may be deemed necessary and\\nappropriate to effectuate the provisions of this title.\\n 2. The department shall:\\n (a) promulgate and enforce regulations for screening children and\\npregnant women, including requirements for blood lead testing, for lead\\npoisoning, and for follow up of children and pregnant women who have\\nelevated blood lead levels;\\n (b) enter into interagency agreements to coordinate lead poisoning\\nprevention, exposure reduction, identification and treatment activities\\nand lead reduction activities with other federal, state and local\\nagencies and programs;\\n (c) establish a statewide registry of lead levels of children provided\\nsuch information is maintained as confidential except for (i) disclosure\\nfor medical treatment purposes; (ii) disclosure of non-identifying\\nepidemiological data; and (iii) disclosure of information from such\\nregistry to the statewide immunization information system established by\\nsection twenty-one hundred sixty-eight of this chapter; and\\n (d) develop and implement public education and community outreach\\nprograms on lead exposure, detection and risk reduction.\\n 3. The department shall identify and designate areas in the state with\\nsignificant concentrations of children identified with elevated blood\\nlead levels as communities of concern for purposes of implementing a\\nchildhood lead poisoning primary prevention program, and may, within\\namounts appropriated, provide grants to implement approved programs. The\\ncommissioner of health of a county or part-county health district, a\\ncounty health director or a public health director and, in the city of\\nNew York, the commissioner of the New York city department of health and\\nmental hygiene, shall develop and implement a childhood lead poisoning\\nprimary prevention program to prevent exposure to lead-based paint\\nhazards for the communities of concern in their jurisdiction. The\\ndepartment shall provide funding to the New York city department of\\nhealth and mental hygiene or county health departments to implement the\\napproved work plan for a childhood lead poisoning primary prevention\\nprogram. The work plan and budget, which shall be subject to the\\napproval of the department, shall include, but not be limited to: (a)\\nidentification and designation of an area or areas of high risk within\\ncommunities of concern; (b) a housing inspection program that includes\\nprioritization and inspection of areas of high risk for lead hazards,\\ncorrection of identified lead hazards using effective lead-safe work\\npractices and, appropriate oversight of remediation work; (c)\\npartnerships with other county or municipal agencies or community-based\\norganizations to build community awareness of the childhood lead\\npoisoning primary prevention program and activities, coordinate\\nreferrals for services, and support remediation of housing that contains\\nlead hazards; (d) a mechanism to provide education and referral for lead\\ntesting for children and pregnant women to families who are encountered\\nin the course of conducting primary prevention inspections and other\\noutreach activities; and (e) a mechanism and outreach efforts to provide\\nhousing inspections for lead hazards upon request. The commissioner of\\nhealth of a county or part-county health district, a county health\\ndirector or a public health director and, in the city of New York, the\\ncommissioner of the New York city department of health and mental\\nhygiene, shall also enter into an agreement or subcontract with a\\nmunicipal government regarding inspection of the paint conditions in\\ndwellings built prior to nineteen hundred seventy-eight for the area\\ndefined as the community of concern and may, when qualified staff\\nexists, designate the local housing maintenance code enforcement agency\\nin which the community of concern is located as an agency authorized to\\nadminister the provisions of this title pursuant to subdivision one of\\nsection thirteen hundred seventy-five of this title. A portion of grant\\nfunding received to support the local primary prevention plan may be\\nused to reduce barriers to lead testing of children and pregnant women\\nwithin the communities of concern, including the purchase of lead\\ntesting devices and supplies when the need for such resources is\\nidentified within the community. The commissioner, the commissioner of\\nhealth of a county or part-county health district, a county health\\ndirector or a public health director and, in the city of New York, the\\ncommissioner of the New York city department of health and mental\\nhygiene, is authorized to enter into agreements, contracts, subcontracts\\nor memoranda of understanding with, and provide technical and other\\nresources to, local health officials, local building code officials,\\nreal property owners, and community organizations in such areas to\\ncreate and implement policies, education and other forms of community\\noutreach to address lead exposure, detection and risk reduction. Primary\\nprevention plans shall target children less than six years of age living\\nin the highest risk housing in the communities of concern identified.\\nThe plans shall also take into consideration the extent the\\nweatherization assistance program and other such programs can be used in\\nconjunction with lead-based paint hazard risk reduction. Funding\\nprovided for this program shall be used for the activities described in\\nthis section and shall not be used for other activities required by this\\ntitle.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "1370-B", "title" : "Advisory council on lead poisoning prevention", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2020-12-04" ], "docLevelId" : "1370-B", "activeDate" : "2014-09-22", "sequenceNo" : 494, "repealedDate" : null, "fromSection" : "1370-B", "toSection" : "1370-B", "text" : " § 1370-b. Advisory council on lead poisoning prevention. 1. The New\\nYork state advisory council on lead poisoning prevention is hereby\\nestablished in the department, to consist of the following, or their\\ndesignees: the commissioner; the commissioner of labor; the commissioner\\nof environmental conservation; the commissioner of housing and community\\nrenewal; the commissioner of children and family services; the\\ncommissioner of temporary and disability assistance; the secretary of\\nstate; and fifteen public members appointed by the governor. The public\\nmembers shall have a demonstrated expertise or interest in lead\\npoisoning prevention and at least one public member shall be\\nrepresentative of each of the following: local government; community\\ngroups; labor unions; real estate; industry; parents; educators; local\\nhousing authorities; child health advocates; environmental groups;\\nprofessional medical organizations and hospitals. The public members of\\nthe council shall have fixed terms of three years; except that five of\\nthe initial appointments shall be for two years and five shall be for\\none year. The council shall be chaired by the commissioner or his or her\\ndesignee.\\n 2. Members of the advisory council shall serve without compensation\\nfor their services, except that each of them may be allowed necessary\\nand actual expenses which he or she shall incur in the performance of\\nhis or her duties under this article.\\n 3. The council shall meet as often as may be deemed necessary to\\nfulfill its responsibilities. The council shall have the following\\npowers and duties:\\n (a) To develop a comprehensive statewide plan to prevent lead\\npoisoning and to minimize the risk of human exposure to lead;\\n (b) To coordinate the activities of its member agencies with respect\\nto environmental lead policy and the statewide plan;\\n (c) To recommend the adoption of policies with regard to the detection\\nand elimination of lead hazards in the environment;\\n (d) To recommend the adoption of policies with regard to the\\nidentification and management of children with elevated lead levels;\\n (e) To recommend the adoption of policies with regard to education and\\noutreach strategies related to lead exposure, detection, and risk\\nreduction;\\n (f) To comment on regulations of the department under this title when\\nthe council deems appropriate;\\n (g) To make recommendations to ensure the qualifications of persons\\nperforming inspection and abatement of lead through a system of\\nlicensure and certification or otherwise;\\n (h) To recommend strategies for funding the lead poisoning prevention\\nprogram, including but not limited to ways to enhance the funding of\\nscreening through insurance coverage and other means, and ways to\\nfinancially assist property owners in abating environmental lead, such\\nas tax credits, loan funds, and other approaches; and\\n (i) To report on or before December first of each year to the governor\\nand the legislature concerning the previous year's development and\\nimplementation of the statewide plan and operation of the program,\\ntogether with recommendations it deems necessary and the most currently\\navailable lead surveillance measures, including the actual number and\\nestimated percentage of children tested for lead in accordance with New\\nYork state regulations, including age-specific testing requirements, and\\nthe actual number and estimated percentage of children identified with\\nelevated blood lead levels. Such report shall be made available on the\\ndepartment's website.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "1370-C", "title" : "Screening by health care providers", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2022-08-19" ], "docLevelId" : "1370-C", "activeDate" : "2014-09-22", "sequenceNo" : 495, "repealedDate" : null, "fromSection" : "1370-C", "toSection" : "1370-C", "text" : " § 1370-c. Screening by health care providers. 1. The department is\\nauthorized to promulgate regulations establishing the means by which and\\nthe intervals at which children and pregnant women shall be screened for\\nelevated lead levels. The department is also authorized to require\\nscreening for lead poisoning in other high risk groups.\\n 2. Every physician or other authorized practitioner who provides\\nmedical care to children or pregnant women, shall screen children or\\nrefer them for screening for elevated lead levels at the intervals and\\nusing the methods specified in such regulations. Every licensed,\\nregistered or approved health care facility serving children including\\nbut not limited to hospitals, clinics and health maintenance\\norganizations, shall ensure, by providing screenings or by referring for\\nscreenings, that their patients receive screening for lead at the\\nintervals and using the methods specified in such regulations.\\n 3. The health practitioner who screens any child for lead shall give a\\ncertificate of screening to the parent or guardian of the child.\\n 4. The department shall establish a separate level of payment, subject\\nto the approval of the director of the budget, for payments made by\\ngovernmental agencies for screenings performed pursuant to this section\\nby hospitals, as defined in section twenty-eight hundred one of this\\nchapter.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "1370-D", "title" : "Lead screening of child care or pre-school enrollees", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2022-08-19" ], "docLevelId" : "1370-D", "activeDate" : "2014-09-22", "sequenceNo" : 496, "repealedDate" : null, "fromSection" : "1370-D", "toSection" : "1370-D", "text" : " § 1370-d. Lead screening of child care or pre-school enrollees. 1.\\nExcept as provided pursuant to regulations of the department, each child\\ncare provider, public and private nursery school and pre-school\\nlicensed, certified or approved by any state or local agency shall,\\nprior to or within three months after initial enrollment of a child\\nunder six years of age, obtain from a parent or guardian of the child\\nevidence that said child has been screened for lead.\\n 2. Whenever there exists no evidence of lead screening as provided for\\nin subdivision one of this section or other acceptable evidence of the\\nchild's screening for lead, the child care provider, principal, teacher,\\nowner or person in charge of the nursery school or pre-school shall\\nprovide the parent or guardian of the child with information on lead\\npoisoning in children and lead poisoning prevention and refer the parent\\nor guardian to a primary care provider or the local health authority.\\n 3. (a) If any parent or guardian to such child is unable to obtain\\nlead testing, such person may present such child to the health officer\\nof the county in which the child resides, who shall then perform or\\narrange for the required screening.\\n (b) The local public health district shall develop and implement a fee\\nschedule for households with incomes in excess of two hundred percent of\\nthe federal poverty level for lead screening pursuant to section six\\nhundred six of this chapter, which shall vary depending on patient\\nhousehold income.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "1370-E", "title" : "Reporting lead exposure levels", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1370-E", "activeDate" : "2014-09-22", "sequenceNo" : 497, "repealedDate" : null, "fromSection" : "1370-E", "toSection" : "1370-E", "text" : " § 1370-e. Reporting lead exposure levels. 1. Every physician or\\nauthorized practitioner shall give notice of elevated lead levels as\\nspecified by the commissioner pursuant to regulation, to the health\\nofficer of the health district wherein the patient resides, except as\\notherwise provided.\\n 2. The commissioner may, by regulation, provide that cases of elevated\\nlead levels which occur (a) in health districts of less than fifty\\nthousand population not having a full-time health officer, or (b) in\\nstate institutions shall be reported directly to the department or its\\ndistrict health officer.\\n 3. Whenever an analysis of a clinical specimen for lead is performed\\nby a laboratory or a physician or authorized practitioner, the director\\nof such laboratory or such physician or authorized practitioner shall,\\nwithin such period specified by the commissioner report the results and\\nany related information in connection therewith to the local and state\\nhealth officer to whom a physician or authorized practitioner is\\nrequired to report such cases pursuant to this section.\\n 4. The person in charge of every hospital, clinic, or other similar\\npublic or private institution shall give notice of every child with an\\nelevated blood lead level coming under the care of the institution to\\nthe local or state health officer to whom a physician or authorized\\npractitioner is required to report such cases pursuant to this section.\\n 5. The notices required by this section shall be in a form and filed\\nin such time period as shall be prescribed by the commissioner.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "1371", "title" : "Manufacture and sale of lead painted toys and furniture", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1371", "activeDate" : "2014-09-22", "sequenceNo" : 498, "repealedDate" : null, "fromSection" : "1371", "toSection" : "1371", "text" : " § 1371. Manufacture and sale of lead painted toys and furniture. 1. No\\nperson shall manufacture, sell or hold for sale a children's toy or\\nchildren's furniture having paint or other similar surface-coating\\nmaterial thereon containing more than .06 of one per centum of metallic\\nlead based on the total weight of the contained solids or dried paint\\nfilm.\\n 2. The commissioner of health may waive the provisions of this section\\nin whole or in part upon a finding by the commissioner in a particular\\ninstance that there is no significant threat to the public health; with\\nrespect to miniatures the commissioner shall do so, on terms and\\nconditions he or she shall establish, upon a final judicial or\\nadministrative finding that there is no immediate public health threat\\nin that instance.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "1372", "title" : "Use of leaded paint", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1372", "activeDate" : "2014-09-22", "sequenceNo" : 499, "repealedDate" : null, "fromSection" : "1372", "toSection" : "1372", "text" : " § 1372. Use of leaded paint. No person shall apply paint or other\\nsimilar surface-coating material containing more than .06 of one per\\ncentum of metallic lead based on the total weight of the contained\\nsolids or dried paint film to any interior surface, window sill, window\\nframe or porch of a dwelling.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "1373", "title" : "Abatement of lead poisoning conditions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2017-12-01", "2018-03-30", "2018-04-27" ], "docLevelId" : "1373", "activeDate" : "2018-04-27", "sequenceNo" : 500, "repealedDate" : null, "fromSection" : "1373", "toSection" : "1373", "text" : " § 1373. Abatement of lead poisoning conditions. 1. Whenever the\\ncommissioner or his or her representative shall designate an area of\\nhigh risk, he or she shall give written notice and demand, served as\\nprovided by this section, for the discontinuance of a paint condition\\nconducive to lead poisoning in any designated dwelling in such area\\nwithin a specified period of time.\\n 2. Such notice and demand shall prescribe the method of discontinuance\\nof a condition conducive to lead poisoning which may include the removal\\nof paint containing more than one-half of one per centum of metallic\\nlead based on the total weight of the contained solids or dried film of\\nthe paint or other similar surface-coating material from surfaces\\nspecified by the commissioner or his representative under such safety\\nconditions as may be indicated and the refinishing of such surfaces with\\na suitable finish which is not in violation of section one thousand\\nthree hundred seventy-two of this title or the covering of such surfaces\\nwith such material or the removal of lead contaminated soils or lead\\npipes supplying drinking water as may be deemed necessary to protect the\\nlife and health of occupants of the dwelling.\\n 3. In the event of failure to comply with a notice and demand, the\\ncommissioner or his or her representative shall take enforcement action\\nas deemed appropriate by the commissioner or his or her representative,\\nwhich may include conducting a formal hearing upon due notice in\\naccordance with the provisions of section twelve-a of this chapter and\\non proof of violation of such notice and demand may order abatement of a\\npaint condition conducive to lead poisoning upon such terms as may be\\nappropriate and may assess a penalty not to exceed two thousand five\\nhundred dollars for such violation; provided, however, that abatement\\nshall not be ordered if the respondent proves by a preponderance of\\nevidence at such hearing that a paint condition conducive to lead\\npoisoning in the designated dwelling does not exist.\\n 4. A notice required by this section may be served upon an owner or\\noccupant of the dwelling or agent of the owner in the same manner as a\\nsummons in a civil action or by registered or certified mail to his last\\nknown address or place of residence.\\n 5. The removal of a tenant from or the surrender by the tenant of a\\ndwelling with respect to which the commissioner or his representative,\\npursuant to subdivision one of this section, has given written notice\\nand demand for the discontinuance of a paint condition conducive to lead\\npoisoning shall not absolve, relieve or discharge any persons chargeable\\ntherewith from the obligation and responsibility to discontinue such\\npaint condition conducive to lead poisoning in accordance with the\\nmethod of discontinuance prescribed therefor in such notice and demand.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "1374", "title" : "Receivership", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1374", "activeDate" : "2014-09-22", "sequenceNo" : 501, "repealedDate" : null, "fromSection" : "1374", "toSection" : "1374", "text" : " § 1374. Receivership. 1. In the event of failure to comply with an\\norder issued pursuant to this title and containing provision for such\\napplication, the officer issuing the order may apply to a court of\\ncompetent jurisdiction in the county wherein the dwelling is located for\\nan order appointing such officer or his designee receiver of the rents\\nof such dwelling for the purpose of effectuating the provisions of such\\norder.\\n 2. An application for appointment of a receiver hereunder shall be on\\nat least ten days' notice to the owner of the dwelling, effected in the\\nsame manner as in an action to foreclose a mortgage. A receiver\\nappointed hereunder shall not have any right superior to those of any\\nmortgagee or lienor of record who has not had at least ten days' notice,\\nby personal service or registered or certified mail, of the application\\nfor appointment of a receiver.\\n 3. A receiver appointed hereunder shall have the power to collect the\\naccrued and accruing rents of the dwelling and shall apply such\\ncollected rents to costs and expenses incurred in connection with (a)\\nremoving, replacing, repainting and covering surfaces of the dwelling\\nnecessary to effectuate the provisions of the order of abatement, (b)\\ninterim operation and management of the dwelling, (c) administration of\\nthe receivership.\\n 4. As soon as practicable after completion of his duties, the receiver\\nshall render a full accounting to the court and, upon payment over of\\nany surplus moneys to the owner or other persons as the court may\\napprove or direct and upon the order of the court, he shall be relieved\\nof any further responsibility or liability in connection with his\\nreceivership.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "1375", "title" : "Enforcement agencies", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1375", "activeDate" : "2014-09-22", "sequenceNo" : 502, "repealedDate" : null, "fromSection" : "1375", "toSection" : "1375", "text" : " § 1375. Enforcement agencies. 1. The commissioner's designee having\\njurisdiction, county and city commissioners of health and local housing\\ncode enforcement agencies designated by the commissioner's designee\\nhaving jurisdiction or county or city commissioner of health shall have\\nthe same authority, powers and duties within their respective\\njurisdictions as has the commissioner under the provisions of this\\ntitle.\\n 2. The commissioner or his representative and an official or agency\\nspecified in subdivision one of this section may request and shall\\nreceive from all public officers, departments and agencies of the state\\nand its political subdivisions such cooperation and assistance as may be\\nnecessary or proper in the enforcement of the provisions of this title.\\n 3. Nothing contained in this title shall be construed to alter or\\nabridge any duties and powers now or hereafter existing in the\\ncommissioner, county boards of health, city and county commissioners of\\nhealth, the New York City department of housing preservation and\\ndevelopment and the department of health, local boards of health or\\nother public agencies or public officials, or any private party.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "1376-A", "title" : "Sale of consumer products containing lead or cadmium", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1376-A", "activeDate" : "2014-09-22", "sequenceNo" : 503, "repealedDate" : null, "fromSection" : "1376-A", "toSection" : "1376-A", "text" : " § 1376-a. Sale of consumer products containing lead or cadmium. 1. In\\nthe absence of a federal standard for a specific type of product, the\\ncommissioner shall establish the maximum quantity of lead or cadmium\\n(and the manner of testing therefor) which may be released from glazed\\nceramic tableware, crystal, china and other consumer products. Such\\nmaximum quantity shall be based on the best available scientific data\\nand shall insure the safety of the public by reducing its exposure to\\nlead and cadmium to the lowest practicable level. The commissioner may\\namend such maximum quantity (and the manner of testing therefor) where\\nnecessary or appropriate for the safety of the public. Until such\\nmaximum quantity of lead or cadmium established by the commissioner is\\neffective, no glazed ceramic tableware shall be offered for sale which\\nreleases lead in excess of 7 parts per million, or cadmium in excess of\\n..5 parts per million.\\n 2. The commissioner is hereby empowered to order the recall of or\\nconfiscation of glazed ceramic tableware, crystal, china or other\\nconsumer products offered for sale which do not meet the standards set\\nforth in or pursuant to this section.\\n 3. The commissioner of health may waive the provisions of this section\\nin whole or in part upon a finding by the commissioner in a particular\\ninstance that there is no significant threat to the public health; with\\nrespect to miniatures the commissioner shall do so, on terms and\\nconditions he or she shall establish, upon a final judicial or\\nadministrative finding that there is no immediate public health threat\\nin that instance.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 12 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A13T11", "title" : "State Aid: Planning For Construction of Solid Waste Management Facilities", "docType" : "TITLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "11", "activeDate" : "2014-09-22", "sequenceNo" : 504, "repealedDate" : null, "fromSection" : "1380", "toSection" : "1383", "text" : " TITLE ELEVEN\\n STATE AID: PLANNING FOR CONSTRUCTION OF SOLID WASTE\\n MANAGEMENT FACILITIES\\nSection 1380. Definitions.\\n 1381. State aid.\\n 1382. Powers and duties of the commissioner.\\n 1383. Powers of municipalities.\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "1380", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1380", "activeDate" : "2014-09-22", "sequenceNo" : 505, "repealedDate" : null, "fromSection" : "1380", "toSection" : "1380", "text" : " § 1380. Definitions. As used in this title:\\n 1. \"Solid waste management facility\" means any area or site,\\nstructure, facility or equipment used for or in connection with methods\\nincluding, but not limited to shredding, compression, high-temperature\\nincineration, pyrolization, separation or any other technology for\\nresource recovery, transporting, storing, or the final placement and\\ndisposal of solid wastes in a manner satisfactory to the commissioner.\\n 2. \"Municipality\" means a town, city, county, or village or any\\ndesignated public agency thereof, or any two or more of the foregoing\\nwhich are acting jointly in connection with a solid waste management\\nfacility, or a public authority.\\n 3. \"Commissioner\" means the commissioner of environmental conservation\\nof the state of New York.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "1381", "title" : "State aid", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1381", "activeDate" : "2014-09-22", "sequenceNo" : 506, "repealedDate" : null, "fromSection" : "1381", "toSection" : "1381", "text" : " § 1381. State aid. 1. The commissioner may in the name of the state\\nmake or contract to make, within the limitation of the appropriations\\ntherefor, a state grant for payment to any municipality or to two or\\nmore municipalities jointly of not more than fifty per cent of the\\nentire cost of the preparation of detailed plans, including\\nconsideration of recycling technology, ultimate land use, and\\nenvironmental impact, for the construction of new solid waste management\\nfacilities or the improvement of existing solid waste management\\nfacilities, as determined and approved by the commissioner.\\n 2. Payments authorized pursuant to this title shall be made in two\\napportionments, as follows:\\n (a) the first payment, not to exceed fifty per cent of the total\\ngrant, shall be payable when acceptable detailed plans are approved by\\nthe commissioner, and\\n (b) the balance of the grant shall be payable when construction\\ncontracts are awarded, or when construction begins, whichever occurs\\nfirst.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "1382", "title" : "Powers and duties of the commissioner", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1382", "activeDate" : "2014-09-22", "sequenceNo" : 507, "repealedDate" : null, "fromSection" : "1382", "toSection" : "1382", "text" : " § 1382. Powers and duties of the commissioner. In administering and\\nenforcing the provisions of this title, the commissioner shall:\\n 1. make an estimate of funds or appropriations for inclusion annually\\nin the executive budget;\\n 2. receive applications for state aid in such form and containing such\\ninformation as he may require;\\n 3. qualify municipalities for state aid and advise them concerning\\nsuch qualifications;\\n 4. approve detailed plans submitted by the applicant for the\\nconstruction of solid waste management facilities or for improvement of\\nexisting solid waste management facilities where the same are found to\\nbe consistent with sound, comprehensive solid waste management planning,\\ntake into adequate account the feasibility of a recycling facility to\\nshred, compress, pyrolize, separate or otherwise process the solid waste\\nfor resource recovery, the potential resources to be recovered, ultimate\\nland use and are otherwise acceptable to him; provided, however, plans\\nfurther:\\n a. describe the components of the solid waste estimated to be\\ngenerated, by weight or volume;\\n b. describe the proposed method of transporting to be utilized from\\nits source to the solid waste management facility, and the estimated\\ncost therefor;\\n c. detail the separation techniques proposed to be utilized at the\\nsolid waste management facility; and\\n d. specify what and where the available markets are for recovered\\nmaterials within the region covered by the plan, and/or within fifty\\nmiles outside the region covered by the plan;\\n 5. approve vouchers for payment of state aid grants;\\n 6. perform such other and further acts and promulgate such rules and\\nregulations as may be necessary, proper or desirable to carry out\\neffectively the provisions of this title.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "1383", "title" : "Powers of municipalities", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1383", "activeDate" : "2014-09-22", "sequenceNo" : 508, "repealedDate" : null, "fromSection" : "1383", "toSection" : "1383", "text" : " § 1383. Powers of municipalities. Any municipality or municipalities\\nacting jointly may:\\n 1. apply to and contract with the commissioner for state aid pursuant\\nto this title;\\n 2. enter into contracts for consulting engineering services for the\\npreparation of detailed plans for the construction of solid waste\\nmanagement facilities or the improvement of existing solid waste\\nmanagement facilities; provided, however, the contract cost negotiated\\nbetween the person or firm chosen to perform the consulting engineering\\nservices or market research and the applicant for state aid under this\\ntitle shall be subject to the approval of the commissioner;\\n 3. expend money received from the state pursuant to this title only\\nfor purposes consistent therewith.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 4 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A13T12", "title" : "Toxic Substances", "docType" : "TITLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "12", "activeDate" : "2014-09-22", "sequenceNo" : 509, "repealedDate" : null, "fromSection" : "1385", "toSection" : "1389", "text" : " TITLE XII\\n TOXIC SUBSTANCES\\nSection 1385. Legislative intent.\\n 1386. Duties of the commissioner.\\n 1387. Contracts.\\n 1388. Powers of the commissioner; emergencies.\\n 1389. Reports.\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "1385", "title" : "Legislative intent", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1385", "activeDate" : "2014-09-22", "sequenceNo" : 510, "repealedDate" : null, "fromSection" : "1385", "toSection" : "1385", "text" : " § 1385. Legislative intent. Sites formerly operated as landfills to\\ndispose of toxic substances are exposing the citizens of the state to\\nunnecessary hazards, the duration and extent of which is unknown. To\\ndevelop a plan for the alleviation of these conditions, it is necessary\\nto conduct a study to determine the extent of such hazards. The\\npotential hazard believed to exist at a specific landfill site in the\\ncounty of Niagara, has precipitated the need for immediate action to\\nauthorize the department of health to undertake such study and to\\nconduct a pilot program to evaluate the effect of individual corrective\\nsystems in affected residences.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "1386", "title" : "Duties of the commissioner", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1386", "activeDate" : "2014-09-22", "sequenceNo" : 511, "repealedDate" : null, "fromSection" : "1386", "toSection" : "1386", "text" : " § 1386. Duties of the commissioner. The commissioner of health shall\\nconduct a study of both the long and the short term effects of health\\nhazards associated with exposure to toxic substances emanating from\\ncertain landfills.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "1387", "title" : "Contracts", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1387", "activeDate" : "2014-09-22", "sequenceNo" : 512, "repealedDate" : null, "fromSection" : "1387", "toSection" : "1387", "text" : " § 1387. Contracts. The commissioner of health is authorized to enter\\ninto contracts and agreements with individuals, corporations and\\nmunicipalities to perform the study herein directed to alleviate the\\nspecific hazard to which the general public or members thereto may be\\nexposed as the result of toxic substances emanating from landfills.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "1388", "title" : "Powers of the commissioner; emergencies", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1388", "activeDate" : "2014-09-22", "sequenceNo" : 513, "repealedDate" : null, "fromSection" : "1388", "toSection" : "1388", "text" : " § 1388. Powers of the commissioner; emergencies. In case of great and\\nimminent peril to the health of the general public from such hazards as\\nmay be identified as resulting from exposure to toxic substances\\nemanating from landfills, the commissioner may declare the existence of\\nan emergency and take such measures and do such acts as he may deem\\nreasonably necessary and proper for the preservation and protection of\\nthe public health.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "1389", "title" : "Reports", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1389", "activeDate" : "2014-09-22", "sequenceNo" : 514, "repealedDate" : null, "fromSection" : "1389", "toSection" : "1389", "text" : " § 1389. Reports. The commissioner of health shall make an initial\\nreport to the governor and the legislature on or before September\\nfifteenth, nineteen hundred seventy-eight of his progress and a further\\nreport to the governor and the legislature on or before April first,\\nnineteen hundred eighty-one.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 5 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A13T12-A", "title" : "Inactive Hazardous Waste Disposal Sites", "docType" : "TITLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "12-A", "activeDate" : "2014-09-22", "sequenceNo" : 515, "repealedDate" : null, "fromSection" : "1389-A", "toSection" : "1389-E", "text" : " TITLE XII-A\\n INACTIVE HAZARDOUS WASTE DISPOSAL SITES\\nSection 1389-a. Definitions.\\n 1389-b. Powers of the commissioner.\\n 1389-c. Rules and regulations.\\n 1389-d. New use of sites.\\n 1389-e. Liability exemptions and defenses.\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "1389-A", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1389-A", "activeDate" : "2014-09-22", "sequenceNo" : 516, "repealedDate" : null, "fromSection" : "1389-A", "toSection" : "1389-A", "text" : " § 1389-a. Definitions. 1. \"Hazardous waste\" means hazardous waste as\\ndefined in section 27-1301 of the environmental conservation law.\\n 2. \"Inactive hazardous waste disposal site\" means an inactive\\nhazardous waste disposal site as that term is defined in section 27-1301\\nof the environmental conservation law.\\n 3. \"Inactive hazardous waste disposal site remedial program\" means an\\ninactive hazardous waste disposal site remedial program as that term is\\ndefined in section 27-1301 of the environmental conservation law.\\n 4. \"Person\" means an individual, trust, firm, joint venture, joint\\nstock company, corporation, limited liability company, partnership,\\nassociation, state, municipality, commission, political subdivision of a\\nstate, public benefit corporation, or any interstate body. Provided,\\nhowever for the purposes of this title, a person shall not include a\\nperson as defined in section one thousand three hundred eighty-nine-e of\\nthis title.\\n 5. \"Waste\" shall have the same meaning as set forth in section 27-1301\\nof the environmental conservation law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "1389-B", "title" : "Powers of the commissioner", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1389-B", "activeDate" : "2014-09-22", "sequenceNo" : 517, "repealedDate" : null, "fromSection" : "1389-B", "toSection" : "1389-B", "text" : " § 1389-b. Powers of the commissioner. 1. (a) The department shall be\\nresponsible for assessing (i) serious health problems at and in the\\nimmediate vicinity of inactive hazardous waste disposal sites and (ii)\\nany health problems deemed by the department to be related to conditions\\nat such sites.\\n (b) Section eight of the court of claims act or any other provision of\\nlaw to the contrary notwithstanding, the state shall be immune from\\nliability and action with respect to any act or omission done in the\\ndischarge of the department's responsibility pursuant to this title;\\nprovided, however, that this subdivision shall not limit any liability\\nwhich may otherwise exist for unlawful, willful or malicious acts or\\nomissions on the part of the state, state agencies, their officers,\\nemployees or agents, or for ownership or responsibility for the disposal\\nof hazardous waste, including the cost of cleanup, pursuant to this\\nsection or section 27-1313 of the environmental conservation law.\\n 2. Whenever there is a condition dangerous to life or health resulting\\nfrom an inactive hazardous waste disposal site, the commissioner shall\\nimmediately declare the existence of such condition. After the issuance\\nof any such declaration and throughout the time period during which such\\na declaration is effective, the department shall be responsible for (a)\\nmonitoring such inactive hazardous waste disposal sites, (b) approving\\nproposed inactive hazardous waste disposal site remedial programs for\\nsuch sites and (c) certifying the completion of inactive hazardous waste\\ndisposal site remedial programs for such sites.\\n 3. (a) Whenever the commissioner has issued such a declaration and\\nthroughout the time period during which such a declaration is effective,\\nthe commissioner may request the commissioner of environmental\\nconservation pursuant to paragraph (b) of subdivision five of this\\nsection and within the funds available to the department of\\nenvironmental conservation to develop an inactive hazardous waste\\ndisposal site remedial program for such site and/or, in addition to any\\nother powers he may have, order the owner of such site and/or any person\\nresponsible for the disposal of hazardous wastes at such site (i) to\\ndevelop an inactive hazardous waste disposal site remedial program for\\nsuch site subject to the approval of the department and (ii) to\\nimplement such program within reasonable time limits specified in the\\norder. Such order shall supersede any order issued by the commissioner\\nof environmental conservation pursuant to section 27-1313 of the\\nenvironmental conservation law.\\n (b) Whenever the commissioner has issued such a declaration and\\nfurther finds that it would be prejudicial to the public interest to\\ndelay action until an opportunity for a hearing can be provided pursuant\\nto this title, the department may request, pursuant to paragraph c of\\nsubdivision five of this section and within the funds available to the\\ndepartment of environmental conservation, the department of\\nenvironmental conservation to develop and implement an inactive\\nhazardous waste disposal site remedial program for such site. The\\nfinding required pursuant to this paragraph may be made by the\\ncommissioner on an ex parte basis subject to judicial review.\\n 4. Any order issued pursuant to subdivision three of this section\\nshall be issued only after notice and the opportunity for hearing is\\nprovided to the persons who may be the subject of such order. The\\ncommissioner shall determine which persons are responsible pursuant to\\nsaid subdivision according to applicable principles of statutory or\\ncommon law liability. Such persons shall be entitled to raise any\\nstatutory or common law defenses at any such hearing and such defenses\\nshall have the same force and effect at such hearings as they would have\\nin a court of law. In the event a hearing is held, no order shall be\\nissued by the commissioner under subdivision three of this section until\\na final decision has been rendered. Any such order shall be reviewable\\npursuant to article seventy-eight of the civil practice law and rules\\nwithin thirty days after service of said order. The commissioner may\\nrequest the participation of the attorney general in such hearings.\\n 5. (a) Whenever a person ordered to eliminate a condition dangerous to\\nlife or health has failed to do so within the time specified in the\\norder, the department of environmental conservation shall develop and\\nimplement or cause to be implemented, pursuant to a memorandum of\\nunderstanding between the department and the department of environmental\\nconservation, an inactive hazardous waste disposal site remedial program\\nfor such site. The expense of developing and implementing such remedial\\nprogram by the department, the department of environmental conservation\\nor any other state agency shall be paid by the person to whom the order\\nwas issued.\\n (b) In the event that the commissioner has issued a declaration that\\nhazardous wastes at a site constitute a condition dangerous to life or\\nhealth, but after a reasonable attempt to determine who may be\\nresponsible is either unable to determine who may be responsible, or is\\nunable to locate a person who may be responsible, the department of\\nenvironmental conservation may develop and implement an inactive\\nhazardous waste disposal site remedial program for such site. The\\ncommissioner shall make every effort, in accordance with the\\nrequirements for notice, hearing and review provided for in this title,\\nto secure appropriate relief from the owner of such site and/or any\\nperson responsible for the disposal of hazardous wastes at such site,\\nincluding, but not limited to, development and implementation of an\\ninactive hazardous waste disposal site remedial program, payment of the\\ncost of such a program, recovery of any reasonable expenses incurred by\\nthe state, money damages and penalties.\\n (c) Whenever the commissioner has made a declaration and finding\\npursuant to paragraph (b) of subdivision three of this section the\\ndepartment may request the department of environmental conservation to\\ndevelop and implement an inactive hazardous waste disposal site remedial\\nprogram to contain, alleviate or end the threat to life or health. The\\ncommissioner shall make every effort, in accordance with the\\nrequirements for notice, hearing and review provided for in this title,\\nto secure appropriate relief from the owner or operator of such site and\\nany person responsible for the disposal of hazardous wastes at such\\nsite, including but not limited to, development and implementation of an\\ninactive hazardous waste disposal site remedial program, payment of the\\ncost of such a program, recovery of any reasonable expenses incurred by\\nthe state, money damages and penalties.\\n 6. Nothing contained within this section shall be construed as\\nimpairing or in any manner affecting the right or jurisdiction of the\\nattorney general to seek appropriate relief pursuant to his statutory or\\ncommon law authority.\\n 7. If the person failing to comply with such order to eliminate a\\ncondition dangerous to life or health is a municipality, commission or\\npolitical subdivision of the state, the comptroller shall, upon\\ncertification by the department subject to the approval of the director\\nof the division of the budget of the expense of any action taken by the\\ndepartment, the department of environmental conservation or any other\\nstate agency pursuant to subdivision five of this section and upon\\nnotification to the affected person, deduct and withhold from the next\\nsucceeding allotments, payments or apportionments of local assistance\\naid, other than education aid, to such municipality, commission or\\npolitical subdivision of the state an amount or amounts equal to the\\namount expended by the department, the department of environmental\\nconservation or any other state agency and not paid. Prior to such\\napproval by the director of the division of the budget, the director\\nshall (a) develop a schedule of deductions and withholdings that will\\nensure the continuity of essential services by such municipality,\\ncommission or political subdivision of the state and (b) give thirty\\ndays written notice of such deductions and withholdings to the speaker\\nand minority leader of the assembly, the majority and minority leaders\\nof the senate and the chairmen and ranking minority members of the\\nsenate finance committee and the assembly ways and means committee. Such\\ndeductions or withholdings will in no case take effect before one full\\nfiscal year of the affected person after the date of such approval by\\nthe director of the division of the budget shall have elapsed. The\\nstate, by virtue of such deductions or withholdings, shall not be\\nobligated to pay any additional or increased allotments, payments or\\napportionments of state aid. Allotments, payments or apportionments\\nwithheld pursuant to this subdivision shall be credited to the general\\nfund of the state.\\n 8. Moneys for actions taken or to be taken by the department, the\\ndepartment of environmental conservation or any other state agency in\\nconnection with the elimination of conditions dangerous to life or\\nhealth pursuant to subdivision five of this section, including any\\ninspection or sampling of wastes, soils, air, surface water and\\ngroundwater done upon behalf of a state agency whether or not such\\naction is taken prior to the issuance of a declaration pursuant to\\nsubdivision two of this section, shall be payable directly to such\\nagencies from the hazardous waste remedial fund pursuant to section\\nninety-seven-b of the state finance law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "1389-C", "title" : "Rules and regulations", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1389-C", "activeDate" : "2014-09-22", "sequenceNo" : 518, "repealedDate" : null, "fromSection" : "1389-C", "toSection" : "1389-C", "text" : " § 1389-c. Rules and regulations. The department shall have the power\\nto make rules and regulations necessary and appropriate to carry out the\\npurposes of this title. Any such regulations shall include provisions\\nwhich establish the procedures for a hearing, pursuant to subdivision\\nfour of section thirteen hundred eighty-nine-b of this article. Such\\nprovision shall ensure a division of functions between the commissioner,\\nthe staff who present the case and any hearing officers appointed.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "1389-D", "title" : "New use of sites", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1389-D", "activeDate" : "2014-09-22", "sequenceNo" : 519, "repealedDate" : null, "fromSection" : "1389-D", "toSection" : "1389-D", "text" : " § 1389-d. New use of sites. Subsequent to the adoption of regulations\\nby the department of environmental conservation pursuant to section\\n27-1317 of the environmental conservation law, no person may\\nsubstantially change the manner in which an inactive hazardous waste\\ndisposal site on the registry prepared and maintained by the department\\nof environmental conservation pursuant to section 27-1305 of the\\nenvironmental conservation law is used, without notifying the department\\nand, pursuant to section 27-1317 of the environmental conservation law,\\nthe department of environmental conservation. A substantial change of\\nuse shall be defined in rules and regulations adopted by the department\\nof environmental conservation and shall include, but not be limited to,\\nthe erection of a building or other structure on such site, the paving\\nof such site for use as a roadway or parking lot, and the creation of a\\npark or other public or private recreational facility on such site. Such\\nnotice shall be in writing, addressed to the commissioner and the\\ncommissioner of environmental conservation and shall include a brief\\ndescription of the proposed change of use. Such notice shall be\\nsubmitted at least sixty days before any physical alteration of the land\\nor construction shall occur or, in the event any alteration or\\nconstruction is not required to initiate such change of use, at least\\nsixty days before any change of use.\\n Subsequent to the adoption of regulations by the department of\\nenvironmental conservation pursuant to section 27-1317 of the\\nenvironmental conservation law, no person may substantially change the\\nmanner in which an inactive hazardous waste disposal site, for which a\\ndeclaration has been issued by the commissioner pursuant to subdivision\\ntwo of section one thousand three hundred eighty-nine-b of this title,\\nis used without the written approval of the commissioner. The\\ncommissioner shall not approve such change of use if such new use will\\nexpose persons to a significantly increased danger to life or health.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "1389-E", "title" : "Liability exemptions and defenses", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1389-E", "activeDate" : "2014-09-22", "sequenceNo" : 520, "repealedDate" : null, "fromSection" : "1389-E", "toSection" : "1389-E", "text" : " § 1389-e. Liability exemptions and defenses. 1. Lender exemption. (a)\\nFor purposes of this title no lender shall incur any liability from any\\nstatutory claims of the state as an owner or operator of a site, or a\\nperson responsible for the disposal of a hazardous waste at such site,\\nprovided such lender, without participating in the management of such\\nsite, holds indicia of ownership primarily to protect the lender's\\nsecurity interest in the site or, if such lender did not participate in\\nthe management of such site prior to a foreclosure on such site,\\nnotwithstanding that such lender:\\n (1) forecloses on such site; and\\n (2) after foreclosure, sells, releases (in the case of a lease finance\\ntransaction), or liquidates such site, maintains business activities,\\nwinds up operations, or takes any other measure to preserve, protect or\\nprepare such site prior to sale or disposition; provided, however, that\\nsuch lender shall take actions to sell, release (in the case of a lease\\nfinance transaction), or otherwise divest itself of such site at the\\nearliest practicable, commercially reasonable time, on commercially\\nreasonable terms, taking into account market conditions and legal and\\nregulatory requirements.\\n (b) This exemption shall not apply to any lender that has caused or\\ncontributed to the release or threatened release of a hazardous waste\\nfrom or onto the site, or to any lender that generated, transported, or\\ndisposed of, arranged for, or that caused the generation,\\ntransportation, or disposal of hazardous waste from or onto such site.\\n (c) For purposes of this section:\\n (1) The term \"participating in management\" means actually\\nparticipating in the management or operational affairs of a site and\\ndoes not include merely having the capacity to influence, or the\\nunexercised right to control, site operations.\\n (i) A lender who holds indicia of ownership primarily to protect a\\nsecurity interest in such site shall be considered to participate in\\nmanagement only if, while the borrower is in possession of such site\\nencumbered by the security interest, the lender:\\n (A) exercises decision making control over the environmental\\ncompliance related to such site, such that the lender has undertaken\\nresponsibility for the hazardous waste handling or disposal practices\\nrelated to such site; or\\n (B) exercises control at a level comparable to that of a manager of\\nsuch site, such that the lender has assumed or manifested\\nresponsibility:\\n (I) for the overall management of such site encompassing day-to-day\\ndecision making with respect to environmental compliance; or\\n (II) over all or substantially all of the operational functions,\\nexcluding financial or administrative functions, of such site other than\\nthe function of environmental compliance.\\n (ii) The term \"participate in management\" does not include:\\n (A) Performing an act or failing to act prior to the time at which a\\nsecurity interest is created in a site;\\n (B) Holding a security interest or abandoning or releasing a security\\ninterest;\\n (C) Including in the terms of an extension of credit, or in a contract\\nor security agreement relating to such extension, a covenant, warranty,\\nor other term or condition that relates to environmental compliance;\\n (D) Monitoring or enforcing the terms and conditions of the extension\\nof credit or security interest;\\n (E) Monitoring or undertaking one or more inspections of such site;\\n (F) Requiring a response action or other lawful means of addressing\\nthe release or threatened release of a hazardous waste in connection\\nwith such site prior to, during, or on the expiration of the term of the\\nextension of credit;\\n (G) Providing financial or other advice or counseling in an effort to\\nmitigate, prevent, or cure default or diminution in the value of such\\nsite;\\n (H) Restructuring, renegotiating, or otherwise agreeing to alter the\\nterms and conditions of the extension of credit or security interest,\\nexercising forbearance;\\n (I) Exercising other remedies that may be available under applicable\\nlaw for the breach of a term or condition of the extension of credit or\\nsecurity agreement; or\\n (J) Conducting a response action under 42 U.S.C. Section 9607(d) or\\nunder the direction of an on-scene coordinator appointed under the\\nnational contingency plan if the actions do not rise to the level of\\nparticipating in management within the meaning of this subparagraph.\\n (2) The term \"extension of credit\" includes a lease finance\\ntransaction:\\n (i) In which the lessor does not initially select the leased site and\\ndoes not during the lease term control the daily operations or\\nmaintenance of such site; or\\n (ii) That conforms with regulations issued by the appropriate federal\\nbanking agency or the appropriate state bank supervisor (as those terms\\nare defined in section 3 of the federal deposit insurance act (12 U.S.C.\\n1813)) or with regulations issued by the national credit union\\nadministration board, as appropriate.\\n (3) The term \"financial or administrative function\" includes a\\nfunction such as that of a credit manager, accounts payable officer,\\naccounts receivable officer, personnel manager, comptroller, or chief\\nfinancial officer, or a similar function.\\n (4) The terms \"foreclosure\" and \"foreclose\" mean, respectively,\\nacquiring and to acquire, a site through:\\n (i) Purchase at sale under a judgment or decree, power of sale, or\\nnonjudicial foreclosure sale;\\n (ii) A deed in lieu of foreclosure or similar conveyance from a\\ntrustee;\\n (iii) Repossession if such site was security for an extension of\\ncredit previously contracted;\\n (iv) Conveyance pursuant to an extension of credit previously\\ncontracted, including the termination of a lease agreement; or\\n (v) Any other formal or informal manner by which the lender acquires,\\nfor subsequent disposition, title to or possession of a site in order to\\nprotect the lender's security interest.\\n (5) The term \"lender\" means:\\n (i) An insured depository institution as defined in section 3 of the\\nfederal deposit insurance act (12 U.S.C 1813);\\n (ii) An insured credit union as defined in section 101 of the federal\\ncredit union act (12 U.S.C. 1752);\\n (iii) A bank or association chartered under the farm credit act of\\n1971 (12 U.S.C. 2001 et seq.);\\n (iv) A leasing or trust company that is an affiliate of an insured\\ndepository institution;\\n (v) Any person, including a successor or assignee of any such person,\\nthat makes a bona fide extension of credit to or takes or acquires a\\nsecurity interest from a nonaffiliated person;\\n (vi) The federal national mortgage association, the federal home loan\\nmortgage corporation, the federal agricultural mortgage corporation, or\\nany other entity that in a bona fide manner buys or sells loans or\\ninterests in loans;\\n (vii) A person that insures or guarantees against a default in the\\nrepayment of an extension of credit, or acts as a surety with respect to\\nan extension of credit, to a nonaffiliated person; and\\n (viii) A person that provides title insurance and that acquires a site\\nas a result of assignment or conveyance in the course of underwriting\\nclaims and claims settlement.\\n (6) The term \"operational function\" includes a function such as that\\nof a site or plant manager, operations manager, chief operating officer,\\nor chief executive officer.\\n (7) The term \"security interest\" includes a right under a mortgage,\\ndeed of trust, assignment, judgment, lien, pledge, security agreement,\\nfactoring agreement, or lease, and any other right accruing to a person\\nto secure the repayment of money, the performance of a duty, or any\\nother obligation by a nonaffiliated person.\\n 2. Municipal exemption. (a) For the purposes of this title no public\\ncorporation shall incur any liability from any statutory claims of the\\nstate as an owner or operator of a site, or a person responsible for the\\ndisposal of a hazardous waste at such site, if such public corporation\\nacquired such site involuntarily, and such public corporation retained\\nsuch site without participating in the development of such site.\\n (b) This exemption shall not apply to any public corporation that has\\ncaused or contributed to the release or threatened release of a\\nhazardous waste from or onto the site, or to any public corporation that\\ngenerated, transported, or disposed of, arranged for, or that caused the\\ngeneration, transportation, or disposal of hazardous waste, from or onto\\nthe site.\\n (c) When used in this section:\\n (1) \"Public corporation\" means a public corporation as defined in\\nsection sixty-five of the general construction law, a local public\\nauthority, supervisory district, improvement district within a county,\\ncity, town, or village, or Indian nation or tribe recognized by the\\nstate or the United States with a reservation wholly or partly within\\nthe boundaries of New York state, or any combination thereof.\\n (2) \"Involuntary acquisition of ownership or control\" includes but is\\nnot limited to the following:\\n (i) Acquisitions by a public corporation in its sovereign capacity,\\nincluding but not limited to acquisitions pursuant to abandonment\\nproceedings or bequest;\\n (ii) Acquisitions by a public corporation, or its agent, acting as a\\nconservator or receiver pursuant to a clear and direct statutory mandate\\nor regulatory authority;\\n (iii) Acquisitions of assets through foreclosure and its equivalents,\\nor otherwise, by a public corporation in the course of administering a\\nloan, loan guarantee, tax lien, or tax forbearance agreement, or loan\\ninsurance program; or\\n (iv) Acquisitions by a public corporation pursuant to seizure,\\ninjunction, condemnation, or forfeiture authority; provided that such\\nownership or control is not retained primarily for investment purposes.\\n (d) For the purpose of this section, the terms \"foreclosure\" and\\n\"foreclose\" mean, respectively, acquiring or to acquire a brownfield\\nsite through:\\n (1) purchase at sale under a judgment or decree, power of sale, or\\nnon-judicial foreclosure sale;\\n (2) a deed in lieu of foreclosure, or similar conveyance, or\\nabandonment from a person or trustee;\\n (3) conveyance pursuant to an extension of credit or tax forbearance\\npreviously contracted; or\\n (4) any other formal or informal manner by which a person acquires,\\nfor subsequent disposition, title to or possession of a site in order to\\nprotect the security interest of the public corporation or lender.\\n (e) \"Participating in development\" means the carrying out, or causing\\nor permitting the carrying out, of any above-grade improvements to the\\nsite or any other environmental investigation or remediation, except for\\nthose improvements which are part of a site remedial program pursuant to\\nthis article or in furtherance of site safety, such as fencing or\\nlighting, but does not include licensing, regulatory oversight, or the\\nmere capacity to regulate or influence, or the unexercised right to\\ncontrol the operation of the property. For purposes of this section,\\nparticipating in development does not include:\\n (1) having the capacity to influence management of a site;\\n (2) having the unexercised right to control or to regulate the site or\\noperations thereof;\\n (3) holding, abandoning, or releasing a security interest or tax lien\\non such site;\\n (4) including a condition relating to environmental compliance in a\\ncontract, permit, license, or security agreement;\\n (5) monitoring or enforcing the terms and conditions of an agreement\\nor tax forbearance agreement;\\n (6) monitoring or undertaking one or more inspections of a site\\nincluding, but not limited to, boring test wells;\\n (7) exercising other remedies available under applicable laws;\\n (8) licensing, permitting, or granting permits, certificates of\\noccupancy and variances as allowed by law and/or regulation;\\n (9) applying for or participating in federal or state statutory\\nprograms or benefits; or\\n (10) declining to take any of the actions described in subparagraphs\\none through nine of this paragraph.\\n (f) Any public corporation that has taken possession of a site shall\\nnotify the department of any release of hazardous waste within ten days\\nof obtaining actual knowledge of such release, unless a shorter notice\\nperiod is required under any other provision of law, in which case the\\nshorter notice period controls. Failure to notify the department within\\nthe ten day or shorter notification period shall result in the loss of\\nthe exemption set forth in this section.\\n 3. Fiduciary liability cap. For the purpose of this title, liability\\non the part of a fiduciary shall not exceed the assets held in the\\nfiduciary capacity if such person is not liable independently of such\\nperson's ownership as a fiduciary or actions taken in a fiduciary\\ncapacity including, but not limited to, the fiduciary's negligently\\ncausing or contributing to the release or threatened release of\\nhazardous waste at such site.\\n (a) For purposes of this subdivision:\\n (1) the term \"fiduciary\" means a person acting for the benefit of\\nanother party as a bona fide trustee; executor; administrator;\\ncustodian; guardian of estates or guardian ad litem; receiver;\\nconservator; committee of estates of incapacitated person; personal\\nrepresentative; trustee (including a successor to a trustee) under an\\nindenture agreement, trust agreement, lease, or similar financing\\nagreement, for debt securities, certificates of interest or certificates\\nof participation in debt securities, or other forms of indebtedness as\\nto which the trustee is not, in the capacity of trustee, the lender; or\\nrepresentative in any other capacity that the department, after\\nproviding public notice, determines to be similar to the various\\ncapacities previously described in this paragraph; and does not include\\neither a person that is acting as a fiduciary with respect to a trust or\\nother fiduciary estate that was organized for the primary purpose of, or\\nis engaged in, actively carrying on a trade or business for profit,\\nunless the trust or other fiduciary estate was created as part of, or to\\nfacilitate, one or more estate plans or because of the incapacity of a\\nnatural person or a person that acquires ownership or control of a\\nproperty with the objective purpose of avoiding liability of the person\\nor any other person.\\n (2) the term \"fiduciary capacity\" means the capacity of a person in\\nholding title to a property, or otherwise having control of or an\\ninterest in a property, pursuant to the exercise of the responsibilities\\nof the person as a fiduciary.\\n (b) Nothing in this subdivision affects the rights or immunities or\\nother defenses that are available under law that are applicable to a\\nperson subject to this section; or creates any liability for a person or\\na private right of action against a fiduciary or any other person.\\n (c) Nothing in this subdivision applies to a person if that person\\nacts in a capacity other than that of a fiduciary or in a beneficiary\\ncapacity and in that capacity, directly or indirectly, benefits from a\\ntrust or fiduciary relationship; or is a beneficiary and a fiduciary\\nwith respect to the same fiduciary estate and, as a fiduciary, receives\\nbenefits that exceed customary or reasonable compensation, and\\nincidental benefits, permitted under other applicable law.\\n (d) This subdivision does not preclude a claim under this chapter\\nagainst the assets of the estate or trust administered by the fiduciary;\\nor a nonemployee agent or independent contractor retained by a\\nfiduciary.\\n 4. Affirmative defenses. (a) There shall be no liability under this\\ntitle for a person otherwise liable who can establish by a preponderance\\nof the evidence that the significant threat to the environment\\nattributable to hazardous waste disposed at an inactive hazardous waste\\ndisposal site was caused solely by: (1) an act of God; (2) an act of\\nwar; or (3) an act or omission of a third party other than an employee\\nor agent of such person, or than one whose act or omission occurs in\\nconnection with a contractual relationship existing directly or\\nindirectly with such person (except where the sole contractual\\narrangement arises from a published tariff and acceptance for carriage\\nby a common carrier or rail), if such person establishes by a\\npreponderance of the evidence that: (i) such person exercised due care\\nwith respect to the hazardous waste concerned, taking into consideration\\nthe characteristics of such hazardous waste, in light of all relevant\\nfacts and circumstances, and (ii) took precautions against foreseeable\\nacts or omissions of any such third party and the consequences that\\ncould foreseeably result from such acts or omissions; or any combination\\nof them.\\n (b) For purposes of this section, (1) the term \"act of God\" means an\\nunanticipated grave natural disaster or other natural phenomenon of an\\nexceptional, inevitable, and irresistible character, the effects of\\nwhich could not have been prevented or avoided by the exercise of due\\ncare or foresight, (2) the term \"contractual relationship\" includes, but\\nis not limited to, land contracts, deeds, or other instruments\\ntransferring title or possession, unless the real property on which the\\nsite concerned is located was acquired by such person after the disposal\\nor placement of the hazardous waste on, in, or at such site, and such\\nperson establishes one or more of the circumstances described in clause\\n(i), (ii), or (iii) of this subparagraph by a preponderance of the\\nevidence:\\n (i) At the time such person acquired the site, such person did not\\nknow and had no reason to know that any hazardous waste which is the\\nsubject of the significant threat determination was disposed of on, in,\\nor at the site; or\\n (ii) Such person is a government entity which acquired the site by\\nescheat, or through any other involuntary transfer or acquisition or\\nthrough the exercise of eminent domain authority by purchase or\\ncondemnation; or\\n (iii) Such person acquired the site by inheritance or bequest. In\\naddition to establishing the foregoing, the person must establish that\\nhe or she has satisfied the requirements of clauses (i) and (ii) of\\nsubparagraph three of paragraph (a) of this subdivision, provides full\\ncooperation, assistance, and site access to the persons that are\\nauthorized to conduct remedial actions at the site (including the\\ncooperation and access necessary for the installation, integrity,\\noperation, and maintenance of any complete or partial remedial action at\\nthe site), is in compliance with any land use restrictions established\\nor relied on in connection with the remedial action at a site, and does\\nnot impede the effectiveness or integrity of any institutional and/or\\nengineering control employed at the site in connection with a remedial\\naction.\\n (c)(1) To establish that the person had no reason to know of the\\nmatter described in clause (i) of subparagraph two of paragraph (b) of\\nthis subdivision, the person must demonstrate to a court that:\\n (i) on or before the date on which the person acquired the site, the\\nperson carried out all appropriate inquiries, as provided in\\nsubparagraphs two and four of this paragraph, into the previous\\nownership and uses of the site in accordance with generally accepted\\ngood commercial and customary standards and practices; and\\n (ii) the person took reasonable steps to:\\n (A) stop any continuing release;\\n (B) prevent any threatened future release; and\\n (C) prevent or limit any human, environmental, or natural resource\\nexposure to any previously released hazardous waste.\\n (2) Not later than one year after the effective date of this section,\\nthe commissioner shall by regulation establish standards and practices\\nfor the purpose of satisfying the requirement to carry out all\\nappropriate inquires under subparagraph one of this paragraph.\\n (3) In promulgating regulations that establish the standards and\\npractices referred to in subparagraph two of this paragraph, the\\ncommissioner shall include each of the following:\\n (i) the results of an inquiry by an environmental professional;\\n (ii) interviews with past and present owners, operators, and occupants\\nof the site for the purpose of gathering information regarding the\\npotential for contamination at the site;\\n (iii) reviews of historical sources, such as chain of title documents,\\naerial photographs, building department records, and land use records,\\nto determine previous uses and occupancies of the real property since\\nthe property was first developed;\\n (iv) searches for recorded environmental cleanup liens against the\\nsite that are filed under federal, state, or local law;\\n (v) reviews of federal, state, and local government records, waste\\ndisposal records, underground storage tank records, and hazardous waste\\nhandling, generation, treatment, disposal, and spill records, concerning\\ncontamination at or near the site;\\n (vi) visual inspections of the site and of adjoining properties;\\n (vii) specialized knowledge or experience on the part of the person;\\n (viii) the relationship of the purchase price to the value of the\\nproperty, if the property was not contaminated;\\n (ix) commonly known or reasonably ascertainable information about the\\nproperty;\\n (x) the degree of obviousness of the presence or likely presence of\\ncontamination at the property, and the ability to detect the\\ncontamination by appropriate investigation.\\n (4)(i) With respect to property purchased before May thirty-first,\\nnineteen hundred ninety-seven, in making a determination with respect to\\na person described in subparagraph one of this paragraph a court shall\\ntake into account:\\n (A) any specialized knowledge or experience on the part of the person;\\n (B) the relationship of the purchase price to the value of the\\nproperty, if the property was not contaminated;\\n (C) commonly known or reasonably ascertainable information about the\\nproperty;\\n (D) the obviousness of the presence or likely presence of\\ncontamination at the property; and\\n (E) the ability of the person to detect the contamination by\\nappropriate inspection.\\n (ii) With respect to property purchased on or after May thirty-first,\\nnineteen hundred ninety-seven, and until the commissioner of\\nenvironmental conservation promulgates the regulations described in\\nsubparagraph two of this paragraph, the procedures of the American\\nSociety for Testing and Materials, including the document known as\\n\"Standard E1527-97\", entitled 'Standard Practice for Environmental Site\\nAssessment: Phase 1 Environmental Site Assessment Process', shall\\nsatisfy the requirements in subparagraph one of this paragraph.\\n (5) In the case of property for residential use or other similar use\\npurchased by a nongovernmental or noncommercial entity, a site\\ninspection and title search that reveal no basis for further\\ninvestigation shall be considered to satisfy the requirements of this\\nsubparagraph.\\n (d) Nothing in this subdivision shall diminish the liability of any\\nprevious owner or operator of the site who would otherwise be liable\\nunder this title. Notwithstanding this subdivision, if such person\\nobtained actual knowledge of the release or threatened release of a\\nhazardous waste at the site when such person owned the site and then\\nsubsequently transferred ownership of the site to another person without\\ndisclosing such knowledge, such person shall be treated as a person\\nresponsible for the disposal of hazardous waste at the site, and no\\ndefense under this subdivision shall be available to such person.\\nNothing in this subdivision shall affect the liability under this\\nsection of a person who, by any act or omission, caused or contributed\\nto the release or threatened release of a hazardous waste which is the\\nsubject of such proceeding relating to such site.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 5 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A13T13", "title" : "Storage, Treatment and Disposal of Regulated Medical Waste", "docType" : "TITLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "13", "activeDate" : "2014-09-22", "sequenceNo" : 521, "repealedDate" : null, "fromSection" : "1389-AA", "toSection" : "1389-GG", "text" : " TITLE XIII\\n STORAGE, TREATMENT AND DISPOSAL OF REGULATED MEDICAL WASTE\\nSection 1389-aa. Definitions.\\n 1389-bb. Requirements for generators of regulated medical waste.\\n 1389-cc. Storage and containment of regulated medical waste.\\n 1389-dd. Treatment and disposal of regulated medical waste.\\n 1389-ee. Transfer of regulated medical waste to off-site\\n treatment and disposal facilities.\\n 1389-ff. Rules and regulations.\\n 1389-gg. Violations of title thirteen.\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "1389-AA", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1389-AA", "activeDate" : "2014-09-22", "sequenceNo" : 522, "repealedDate" : null, "fromSection" : "1389-AA", "toSection" : "1389-AA", "text" : " § 1389-aa. Definitions. 1. \"Regulated medical waste\" shall mean any\\nof the following waste which is generated in the diagnosis, treatment or\\nimmunization of human beings or animals, in research pertaining thereto,\\nor in production and testing of biologicals, provided, however, that\\n\"regulated medical waste\" shall not include any hazardous waste\\nidentified or listed pursuant to section 27-0903 of the environmental\\nconservation law, or any household waste as defined in regulations\\npromulgated under such section.\\n (a) Cultures and stocks. This waste shall include cultures and stocks\\nof agents infectious to humans, and associated biologicals, cultures\\nfrom medical or pathological laboratories, cultures and stocks of\\ninfectious agents from research and industrial laboratories, wastes from\\nthe production of biologicals, discarded live or attenuated vaccines, or\\nculture dishes and devices used to transfer, inoculate or mix cultures.\\n (b) Human pathological wastes. This waste shall include tissue,\\norgans, and body parts (except teeth and the contiguous structures of\\nbone and gum), body fluids that are removed during surgery, autopsy, or\\nother medical procedures, or specimens of body fluids and their\\ncontainers, and discarded material saturated with such body fluids other\\nthan urine, provided that the commissioner, by duly promulgated\\nregulation, may exclude such discarded material saturated with body\\nfluids from this definition if the commissioner finds that it does not\\npose a significant risk to public health. This waste shall not include\\nurine or fecal materials submitted for other than diagnosis of\\ninfectious diseases.\\n (c) Human blood and blood products. This waste shall include: (i)\\ndiscarded waste human blood, discarded blood components (e.g. serum and\\nplasma) containers with free flowing blood or blood components or\\ndiscarded saturated material containing free flowing blood or blood\\ncomponents; and (ii) materials saturated with blood or blood products\\nprovided that the commissioner, by duly promulgated regulation, may\\nexclude such material saturated with blood or blood products from this\\ndefinition if the commissioner finds that it does not pose a significant\\nrisk to public health.\\n (d) Sharps. This waste shall include but not be limited to discarded\\nunused sharps and sharps used in animal or human patient care, medical\\nresearch, or clinical or pharmaceutical laboratories, hypodermic,\\nintravenous, or other medical needles, hypodermic or intravenous\\nsyringes to which a needle or other sharp is still attached, Pasteur\\npipettes, scalpel blades, or blood vials. This waste shall include, but\\nnot be limited to, other types of broken or unbroken glass (including\\nslides and cover slips) in contact with infectious agents. This waste\\nshall not include those parts of syringes from which sharps are\\nspecifically designed to be easily removed and from which sharps have\\nactually been removed, and which are intended for recycling or other\\ndisposal, so long as such syringes have not come in contact with\\ninfectious agents.\\n (e) Animal waste. This waste shall mean discarded materials, including\\ncarcasses, body parts, body fluids, blood, or bedding originating from\\nanimals known to be contaminated with infectious agents or from animals\\ninoculated during research, production of biologicals, or pharmaceutical\\ntesting with infectious agents.\\n (f) Any other waste material containing infectious agents designated\\nby the commissioner as regulated medical waste.\\n 2. \"Storage\" shall mean the containment of regulated medical waste in\\nsuch a manner as not to constitute disposal of such waste.\\n 3. \"Transport\" shall mean the movement of regulated medical waste from\\nthe point of generation to any intermediate points and finally to the\\npoint of ultimate disposal.\\n 4. \"Treatment\" shall mean any method, technique or process designed to\\nchange the character or composition of any regulated medical waste so as\\nto either neutralize such waste or to render such waste not infectious\\nas approved by the commissioner pursuant to section thirteen hundred\\neighty-nine-dd of this title.\\n 5. \"Infectious agents\" shall mean any organisms that cause disease or\\nan adverse health impact to humans, except that the commissioner may\\nprescribe by regulation additional infectious agents as may be necessary\\nto protect human health and the environment.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "1389-BB", "title" : "Requirements for generators of regulated medical waste", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1389-BB", "activeDate" : "2014-09-22", "sequenceNo" : 523, "repealedDate" : null, "fromSection" : "1389-BB", "toSection" : "1389-BB", "text" : " § 1389-bb. Requirements for generators of regulated medical waste. 1.\\nAll the requirements of this title shall apply to hospitals as defined\\nin subdivision one of section twenty-eight hundred one of this chapter\\nand to residential health care facilities as defined in subdivision\\nthree of section twenty-eight hundred one of this chapter and clinical\\nlaboratories as defined in section five hundred seventy-one of this\\nchapter.\\n 2. The commissioner shall promulgate regulations establishing\\nstandards which shall be applicable to generators of regulated medical\\nwaste, as may be necessary to protect human health and the environment.\\nSuch standards shall include, but need not be limited to, requirements\\nrespecting:\\n (a) Recordkeeping practices that accurately identify the quantities of\\nsuch regulated medical waste produced and the disposition thereof;\\n (b) Compliance with the marking, labeling and packaging requirements\\npursuant to section thirteen hundred eighty-nine-cc of this title;\\n (c) Compliance with the tracking system pursuant to section 27-1504 of\\nthe environmental conservation law; and\\n (d) Submission of an annual report to the commissioner of\\nenvironmental conservation, and additional reports at such times as the\\nsaid commissioner deems necessary, on such forms as the said\\ncommissioner shall prescribe, respecting the quantities of regulated\\nmedical waste produced during a specified time period, and the\\ndisposition thereof.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "1389-CC", "title" : "Storage and containment of regulated medical waste", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1389-CC", "activeDate" : "2014-09-22", "sequenceNo" : 524, "repealedDate" : null, "fromSection" : "1389-CC", "toSection" : "1389-CC", "text" : " § 1389-cc. Storage and containment of regulated medical waste. 1.\\nContainment of regulated medical waste shall be in a manner and location\\nwhich affords protection from the environment and limits exposure to the\\npublic.\\n 2. Regulated medical waste shall be separated from other waste as soon\\nas practicable in the generator's facility.\\n 3. Unless otherwise approved by the department, regulated medical\\nwaste shall be contained at the producing facility only for such periods\\nand under such conditions pursuant to rules and regulations adopted in\\nfurtherance of this title.\\n 4. Containment of regulated medical waste shall be separate from other\\nwastes. Containers used for the containment of regulated medical waste\\nshall be marked prominently on the containers with the universal warning\\nsign or the word \"biohazard\".\\n 5. Regulated medical waste, except for discarded sharps, shall be\\ncontained in bags which are impervious to moisture and have a strength\\nsufficient to resist ripping, tearing or bursting under normal\\nconditions of usage and of handling. The bags shall be secured so as to\\nprevent leakage during storage, handling or transport. All bags used for\\ncontainment and disposal of regulated medical wastes shall be red in\\ncolor.\\n 6. All discarded sharps shall be contained for disposal in leakproof,\\nrigid, puncture-resistant containers which are secured to preclude loss\\nof the contents. Such containers shall be red in color or shall be\\nconspicuously labeled with the word \"infectious\" or the words \"regulated\\nmedical waste\".\\n 7. Before regulated medical waste is transported from the generating\\nfacility, regulated medical waste contained in disposable containers\\nshall be placed for storage or handling in disposable or reusable pails,\\ncartons, drums, dumpsters or portable bins. The containment system shall\\nbe leakproof, have tight-fitting covers and be kept clean and in good\\nrepair. The containers may be of any color and shall be conspicuously\\nlabeled with the word \"infectious\" or the words \"regulated medical\\nwaste\".\\n 8. Reusable containers for regulated medical waste shall be thoroughly\\nwashed and decontaminated each time they are emptied unless the surfaces\\nof the containers have been completely protected from contamination by\\ndisposable liners, bags or other devices removed with the waste.\\n 9. Reusable pails, drums, dumpsters or bins used for containment of\\nregulated medical waste shall not be used for containment of waste to be\\ndisposed of as other wastes or for other purposes except after being\\ndecontaminated.\\n 10. Trash chutes shall not be used to transfer regulated medical waste\\nbetween locations where it is contained.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "1389-DD", "title" : "Treatment and disposal of regulated medical waste", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1389-DD", "activeDate" : "2014-09-22", "sequenceNo" : 525, "repealedDate" : null, "fromSection" : "1389-DD", "toSection" : "1389-DD", "text" : " § 1389-dd. Treatment and disposal of regulated medical waste. 1.\\nTreatment or disposal of regulated medical waste shall be by one of the\\nfollowing methods:\\n (a) By incineration in a regulated medical waste incineration facility\\napproved and under permit pursuant to article nineteen of the\\nenvironmental conservation law, which provides complete combustion of\\nthe waste to carbonized or mineralized ash. Regulated medical waste so\\ncombusted shall be disposable as nonhazardous waste provided it is not\\nan otherwise hazardous waste as defined in the regulations promulgated\\nunder section 27-0903 of the environmental conservation law.\\n (b) By discharge to sewerage system if the waste is liquid or\\nsemiliquid, except as specifically prohibited by the commissioner of\\nhealth.\\n (c) By decontamination by autoclaving, or by other technique approved\\nby the department, so as to render the waste noninfectious. Regulated\\nmedical waste so treated shall be disposed of as solid waste provided it\\ndoes not otherwise meet the definition of hazardous waste as defined in\\nthe regulations promulgated under section 27-0903 of the environmental\\nconservation law or the regulations promulgated thereunder, and is\\naccompanied by a certificate, in a form prescribed by the commissioner,\\nwhich evidences such treatment.\\n (d) By other method approved by the commissioner.\\n 2. Regulated medical waste shall not be disposed of by burial at a\\nlandfill disposal facility, unless treated in accordance with\\nsubdivision one of this section. All sharps must be rendered\\nunrecognizable prior to disposal.\\n 3. The commissioner, in consultation with the commissioner of\\nenvironmental conservation, shall develop a limited number of\\ncooperative pilot projects to promote the safe handling, treatment and\\ndisposal of regulated medical waste generated in private residences,\\nincluding the establishment of guidelines for safe transport and\\nhandling of such waste prior to disposal. Such pilot projects shall be\\nlimited to a maximum of four municipalities throughout the state, and\\nmay vary in scope from single-facility to multi-facility projects.\\nNothing in this subdivision shall be construed as imposing any new\\nrequirements on generators of regulated medical waste. The commissioner\\nshall give due consideration to the experience of the pilot projects in\\ndeveloping rules and regulations authorized in subdivision four of this\\nsection. Any moneys allocated by any government or organization to the\\ndepartment of health or the department of environmental conservation for\\npurposes of establishing such pilot projects are hereby authorized for\\nappropriation pursuant to this subdivision.\\n 4. Sharps, including needles, syringes and lancets, originating from a\\nprivate residence, may be delivered for disposal to a general hospital,\\nas defined in subdivision ten of section twenty-eight hundred one of\\nthis chapter, or a residential health care facility, as defined in\\nsubdivision three of section twenty-eight hundred one of this chapter.\\nSharps, including needles, syringes and lancets returned pursuant to\\nthis section must be accepted by the hospital or residential health care\\nfacility on the condition that the needles, syringes and lancets have\\nbeen deposited in an approved puncture proof container by the generator.\\nThe hospital or residential health care facility receiving such\\ncontained sharps must dispose of sharps in accordance with this section.\\nThe commissioner shall promulgate rules and regulations establishing\\nguidelines for safe transport and handling of such sharps, including the\\napproval of puncture proof containers for sharps.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "1389-EE", "title" : "Transfer of regulated medical waste to off-site treatment and disposal facilities", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1389-EE", "activeDate" : "2014-09-22", "sequenceNo" : 526, "repealedDate" : null, "fromSection" : "1389-EE", "toSection" : "1389-EE", "text" : " § 1389-ee. Transfer of regulated medical waste to off-site treatment\\nand disposal facilities. 1. Any generator of regulated medical waste\\nshall transfer custody of the waste only to a transporter who is\\npermitted as a regulated medical waste transporter by the department of\\nenvironmental conservation.\\n 2. Regulated medical waste shall be transported to an off-site\\ntreatment or disposal facility in a leakproof, fully enclosed container\\nor vehicle compartment.\\n 3. Regulated medical waste shall not be transported in the same\\nvehicle with other waste unless the regulated medical waste is\\nseparately contained in rigid reusable containers or kept separate by\\nbarriers from other waste, or unless all of the waste is to be treated\\nor disposed of as regulated medical waste in accordance with the\\nrequirements of this title.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "1389-FF", "title" : "Rules and regulations", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1389-FF", "activeDate" : "2014-09-22", "sequenceNo" : 527, "repealedDate" : null, "fromSection" : "1389-FF", "toSection" : "1389-FF", "text" : " § 1389-ff. Rules and regulations. The commissioner shall promulgate\\nrules and regulations in conformity with the standards for generators of\\nregulated medical waste, and the storage, containment, treatment and\\ndisposal of regulated medical waste found in this title. Nothing in this\\ntitle shall authorize the commissioner to adopt or amend any rule or\\nregulation in a manner inconsistent with the provisions of title fifteen\\nof article twenty-seven of the environmental conservation law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "1389-GG", "title" : "Violations of title thirteen", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1389-GG", "activeDate" : "2014-09-22", "sequenceNo" : 528, "repealedDate" : null, "fromSection" : "1389-GG", "toSection" : "1389-GG", "text" : " § 1389-gg. Violations of title thirteen. 1. Notwithstanding any other\\nprovision of this chapter, any person who violates any of the provisions\\nof, or who fails to perform any duty imposed by this title or any rule\\nor regulation promulgated pursuant thereto, or any term or condition of\\nany certificate or permit issued pursuant thereto, or any final\\ndetermination or order of the commissioner made pursuant to this title\\nshall be liable in the case of a first violation for a civil penalty not\\nto exceed twenty-five hundred dollars and an additional penalty of not\\nmore than one thousand dollars for each day during which such violation\\ncontinues, to be assessed by the commissioner after an opportunity to be\\nheard pursuant to the provisions of this chapter or by the court in any\\naction or proceeding pursuant to this chapter, and, in addition thereto,\\nsuch person may by similar process be enjoined from continuing such\\nviolation and any permit or certificate issued to such person may be\\nrevoked or suspended or a pending renewal application denied. In the\\ncase of a second and any further violation, the liability shall be for a\\ncivil penalty not to exceed five thousand dollars for each such\\nviolation and an additional penalty not to exceed twenty-five hundred\\ndollars for each day during which such violation continues.\\n 2. No penalty assessed or imposed pursuant to the provisions of this\\ntitle shall be paid from medicaid or medicare funds.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 7 }, "repealed" : false } ], "size" : 14 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A13-A", "title" : "State Camp Safety Advisory Council", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "13-A", "activeDate" : "2014-09-22", "sequenceNo" : 529, "repealedDate" : null, "fromSection" : "1390", "toSection" : "1390", "text" : " ARTICLE 13-A\\n STATE CAMP SAFETY ADVISORY COUNCIL\\nSection 1390. Establishment of state camp safety advisory council.\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "1390", "title" : "Establishment of state camp safety advisory council", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2019-10-11" ], "docLevelId" : "1390", "activeDate" : "2014-09-22", "sequenceNo" : 530, "repealedDate" : null, "fromSection" : "1390", "toSection" : "1390", "text" : " § 1390. Establishment of state camp safety advisory council. The\\ncommissioner of health shall establish within the state department of\\nhealth a state camp safety advisory council to advise and consult on\\npolicy matters relating to youth camp safety. The council shall consist\\nof nine members to be appointed by the governor with the advice and\\nconsent of the senate. Three members of the council shall be\\nrepresentatives of youth camps operated in New York for profit, three\\nmembers of the council shall be representatives of youth camps operated\\nin New York under philanthropic non-profit or charitable auspices, one\\nmember of the council shall be a representative of youth camp consumer\\ninterests, one shall be a representative of children's interests who\\ndoes not operate a children's camp and one shall be a representative of\\nsummer day camps and traveling summer day camps operated by municipal\\ncorporations and other entities subject to article thirteen-D of this\\nchapter. The council shall elect from among its members a chairman. On\\nor before January first, nineteen hundred seventy-four, the governor\\nshall appoint two youth camp representative members for a term of two\\nyears, two youth camp representative members for a term of four years\\nand two youth camp representative members for a term of six years.\\nBiennially thereafter the youth camp representative members shall be\\nappointed to said council in like manner to succeed those whose terms\\nexpire, to serve for terms of six years each and until their successors\\nare appointed. The member representative of youth camp consumer\\ninterests shall also serve for a term of six years and until a successor\\nis appointed. On or before January first, nineteen hundred eighty-one,\\nthe governor shall appoint the representative of children's interests\\nfor a term of four years and the representative of summer day camps and\\ntraveling summer day camps operated by municipal corporations and other\\nentities subject to article thirteen-D of this chapter for a term of two\\nyears. Thereafter, each succeeding representative of children's\\ninterests and each succeeding representative of said summer day camps\\nand traveling summer day camps shall serve terms of six years each and\\nuntil their successors are appointed. Vacancies shall be filled by the\\ngovernor for the unexpired portion of the term. Said council shall meet\\nat least twice a year, and more often if necessary, on the call of the\\nchairman or on the call of the commissioner of health. The members of\\nthe council shall receive no compensation but shall be reimbursed for\\ntheir reasonable traveling and other expenses incurred in the\\nperformance of their official duties.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 1 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A13-B", "title" : "Regulation of Overnight, Summer Day, and Traveling Summer Day Camps For Children", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22", "2021-07-30", "2021-12-31", "2022-03-04", "2022-07-08" ], "docLevelId" : "13-B", "activeDate" : "2014-09-22", "sequenceNo" : 531, "repealedDate" : null, "fromSection" : "1391", "toSection" : "1396", "text" : " ARTICLE 13-B\\n REGULATION OF OVERNIGHT, SUMMER DAY, AND TRAVELING SUMMER\\n DAY CAMPS FOR CHILDREN\\nSection 1391. Declaration of public policy.\\n 1392. Definitions.\\n 1392-a. Requirement to check sex offender registry.\\n 1393. Permit requirements.\\n 1394. Children's camps; standards and regulations.\\n 1394-a. Requirement to check sex offender registry.\\n 1394-b. Requirement to check sex offender registry.\\n 1395. Violations; temporary restraining order.\\n 1396. Separability.\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "1391", "title" : "Declaration of public policy", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1391", "activeDate" : "2014-09-22", "sequenceNo" : 532, "repealedDate" : null, "fromSection" : "1391", "toSection" : "1391", "text" : " § 1391. Declaration of public policy. It is the declared policy of the\\nstate of New York to protect the health, safety and welfare of children\\nattending what are commonly called children's overnight, summer day, and\\ntraveling summer day camps.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "1392", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1392", "activeDate" : "2014-09-22", "sequenceNo" : 533, "repealedDate" : null, "fromSection" : "1392", "toSection" : "1392", "text" : " § 1392. Definitions. As used in this article:\\n 1. \"Children's overnight camp\" shall mean a property consisting of a\\ntract of land and any tents, vehicles, buildings or other structures\\nthat may be pertinent to its use, any part of which may be occupied by\\npersons under eighteen years of age under general supervision for the\\npurpose of outdoor or indoor organized activities and on which\\nprovisions are made for overnight occupancy of children. The\\ncommissioner shall have the power to except by rule from this article\\nand the sanitary code a place or facility that is not within the intent\\nof this definition.\\n 2. \"Summer day camp\" shall mean a property consisting of a tract of\\nland and any tents, vehicles, buildings or other structures that may be\\npertinent to its use, any part of which may be occupied on a scheduled\\nbasis at any time between June first and September fifteenth in any year\\nby children under sixteen years of age under general supervision, for\\nthe purpose of indoor or outdoor organized group activities, involving\\nnonpassive recreational activities with significant risk of injury, as\\nsuch activities are defined by the department in rules and regulations,\\nfor a period of less than twenty-four hours on any day the property is\\nso occupied, and on which no provisions are made for overnight occupancy\\nby such children. The commissioner shall have the power to except by\\nrule from this article and the sanitary code a place, facility or\\nactivity that is not within the intent of this definition.\\n 3. \"Traveling summer day camp\" shall mean a summer day camp which\\nregularly operates in the period between May fifteenth and September\\nfifteenth and which regularly transports children under the age of\\nsixteen on a regular schedule to a facility, site, or property,\\nincluding any tract of land, beach, park, stadium, building, tents or\\nother structures pertinent to its use and primarily for the purposes of\\norganized group activity. The commissioner shall have the power to\\nexcept by rule from this article and the sanitary code a place, facility\\nor activity that is not within the intent of this definition.\\n 4. \"Officer\" shall mean the commissioner, the health commissioner of a\\ncity with a population of over fifty thousand, the health commissioner\\nof a county or part-county health district, the state district health\\nofficer, in whose jurisdiction a children's overnight camp, summer day\\ncamp, or the primary inclement weather facility of the children's\\ntraveling summer day camp is located, or if there be no such facility\\nthen the state district health officer in whose jurisdiction the central\\noffice is located, any county health director having all the powers and\\nduties prescribed in section three hundred fifty-two of this chapter,\\nthe state district sanitary engineer or a grade one public health\\nadministrator qualified and appointed pursuant to part eleven of the\\nsanitary code and serving as primary administrator of all health\\nprograms in a county or part-county health district.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "1392-A", "title" : "Requirement to check sex offender registry", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2022-07-08", "2023-01-06", "2023-10-20" ], "docLevelId" : "1392-A", "activeDate" : "2014-09-22", "sequenceNo" : 534, "repealedDate" : null, "fromSection" : "1392-A", "toSection" : "1392-A", "text" : " § 1392-a. Requirement to check sex offender registry. Every person,\\nfirm, limited liability company, association and corporation which\\noperates a children's overnight camp shall be required, to ascertain\\nwhether an employee or volunteer is listed on the state sex offender\\nregistry pursuant to article six-C of the correction law prior to the\\nday such employee or volunteer commences work at said camp and annually\\nthereafter prior to their arrival at said camp.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "1393", "title" : "Permit requirements", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1393", "activeDate" : "2014-09-22", "sequenceNo" : 535, "repealedDate" : null, "fromSection" : "1393", "toSection" : "1393", "text" : " § 1393. Permit requirements. 1. No person, firm, corporation, or\\nassociation shall operate a children's overnight, summer day, or\\ntraveling summer day camp without first obtaining a permit from an\\nofficer.\\n 2. An officer shall issue a permit if, after inspection, the\\nchildren's overnight, summer day, or traveling summer day camp is in\\ncompliance with this chapter and the sanitary code. All permits shall\\nexpire one year from the date of issuance of such permit or upon such\\nearlier date as specified by such officer which date shall in no event\\nbe earlier than the latest date that such camps may remain open pursuant\\nto regulations prescribed by the commissioner. Nothing in this section\\nshall be construed to limit the responsibilities and duties of\\ncompliance arising out of any other provision of law.\\n 3. Notwithstanding any other provision of law, an officer in issuing a\\npermit may waive any requirement of the sanitary code setting a minimum\\nstandard of floor space per camper in a camp's sleeping quarters. Such a\\nwaiver may be granted upon written application therefor, and shall be\\naccompanied by a statement by the officer of the specific terms and\\nconditions under which the waiver shall have been granted. Such waivers\\nmay be granted only to camps constructed prior to January first,\\nnineteen hundred seventy-five. An officer shall grant such waiver where\\nthe application therefor is accompanied by a written certification by\\nthe local health officer of its need or desirability to avoid an\\nimmediate undue hardship upon the operator which may result in the\\nclosing of the children's overnight camp to prospective campers, and a\\nstatement by the local health officer that the granting of a waiver\\nshall not present a hazard to public health and safety. All such waivers\\nshall expire on December thirty-first of the year in which they are\\ngranted, but may be renewed for good and sufficient reason.\\n 4. The fee for a permit shall be two hundred dollars, except that no\\nfee shall be charged in the case of a children's overnight, summer day\\nor traveling summer day camp operated by a person, firm, corporation or\\nassociation for charitable, philanthropic or religious purposes.\\n 5. Any enrollment application forms and/or enrollment contract forms\\nmailed or delivered to a person for purposes of enrollment of a child\\nfor any children's overnight, summer day, or traveling summer day camp\\nshall contain or be accompanied by a written statement which declares:\\n (a) that such camp is required to be licensed by the New York state\\ndepartment of health;\\n (b) that such camp is required to be inspected twice yearly; and\\n (c) the address where inspection reports concerning such camp are\\nfiled.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "1394", "title" : "Children's camps; standards and regulations", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2017-08-04", "2021-07-30", "2022-03-25", "2022-06-17" ], "docLevelId" : "1394", "activeDate" : "2017-08-04", "sequenceNo" : 536, "repealedDate" : null, "fromSection" : "1394", "toSection" : "1394", "text" : " § 1394. Children's camps; standards and regulations. 1. The public\\nhealth council shall prescribe standards and establish regulations for\\nchildren's overnight, summer day and traveling summer day camps, as\\ndefined in this article, concerning such matters as may be appropriate\\nfor the protection and security of the life, health and safety of the\\noccupants of such camps.\\n 2. All buses or other motor vehicles which are owned by a traveling\\nsummer day camp or which are operated or leased by such camp for the\\npurpose of transporting children attending such camp shall meet the\\nrequirements for safe operation of such vehicles as provided for in\\nsection one hundred forty of the transportation law.\\n 3. Any person, firm, corporation, or association that operates a\\nchildren's overnight, summer day, or traveling summer day camp, and has\\nobtained a permit pursuant to section thirteen hundred ninety-three of\\nthis article, shall be authorized to employ or contract with a\\nphysician, nurse practitioner, physician assistant, registered nurse, or\\nlicensed practical nurse or emergency medical technician to act as a\\ndesignated camp health director or to provide health services in\\nassistance to the camp health director pursuant to applicable\\nregulations promulgated by the commissioner.\\n 4. Each children's overnight camp, summer day camp and travelling\\nsummer day camp shall allow children attending such camp to carry and\\nuse topical sunscreen products approved by the federal Food and Drug\\nAdministration for over-the-counter use for the purpose of avoiding\\noverexposure to the sun and not for medical treatment of an injury or\\nillness, with the written permission of the parent or guardian of the\\nchild. A record of such permission shall be maintained by the camp. A\\nchild who is unable to physically apply sunscreen may be assisted by\\nunlicensed personnel when directed to do so by the child, if permitted\\nby a parent or guardian and authorized by the camp.\\n 5. Each children's overnight camp, summer day camp and traveling\\nsummer day camp shall allow children attending such camp to carry and\\nuse insect repellent with the written permission of a parent or guardian\\nof any child. A record of such permission shall be maintained by the\\ncamp. A child who is unable to physically apply insect repellent may be\\nassisted by unlicensed personnel when directed to do so by the child, if\\npermitted by a parent or guardian and authorized by the camp.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "1394-A", "title" : "Requirement to check sex offender registry", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2022-07-08", "2023-01-06", "2023-10-20" ], "docLevelId" : "1394-A", "activeDate" : "2014-09-22", "sequenceNo" : 537, "repealedDate" : null, "fromSection" : "1394-A", "toSection" : "1394-A", "text" : " § 1394-a. Requirement to check sex offender registry. Every person,\\nfirm, limited liability company, association and corporation which\\noperates a summer day camp shall be required, to ascertain whether an\\nemployee or volunteer is listed on the state sex offender registry\\npursuant to article six-C of the correction law prior to the day such\\nemployee or volunteer commences work at said camp and annually\\nthereafter prior to their arrival at said camp.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "1394-B", "title" : "Requirement to check sex offender registry", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2022-07-08", "2023-01-06", "2023-10-20" ], "docLevelId" : "1394-B", "activeDate" : "2014-09-22", "sequenceNo" : 538, "repealedDate" : null, "fromSection" : "1394-B", "toSection" : "1394-B", "text" : " § 1394-b. Requirement to check sex offender registry. Every person,\\nfirm, limited liability company, association and corporation which\\noperates a traveling summer day camp shall be required, to ascertain\\nwhether an employee or volunteer is listed on the state sex offender\\nregistry pursuant to article six-C of the correction law prior to the\\nday such employee or volunteer commences work at said camp and annually\\nthereafter prior to their arrival at said camp.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "1395", "title" : "Violations; temporary restraining order", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1395", "activeDate" : "2014-09-22", "sequenceNo" : 539, "repealedDate" : null, "fromSection" : "1395", "toSection" : "1395", "text" : " § 1395. Violations; temporary restraining order. 1. A violation of\\nthis chapter or of the sanitary code in the operation of a children's\\novernight, summer day, or traveling summer day camp shall constitute a\\npublic nuisance which may be enjoined or restrained.\\n 2. When an officer has cause to believe that there has been a\\nviolation of this chapter or the sanitary code in the operation of a\\nchildren's overnight, summer day, or traveling summer day camp which\\ndoes not constitute a public health hazard as defined by the sanitary\\ncode, and that such violation has continued for more than three days\\nafter notice of the violation and demand for discontinuance and\\nabatement thereof has been served in writing on the children's\\novernight, summer day, or traveling summer day camp operator in the\\nmanner prescribed for the service of summons set forth in the civil\\npractice law and rules, an officer may:\\n (a) Conduct a hearing upon at least three days notice served on the\\ncamp operator in the manner prescribed for the service of summons as set\\nforth in the civil practice law and rules, and\\n (b) Make a determination after such hearing with respect to the\\nalleged violation or violations and have the power to assess a fine on\\nthe children's overnight, summer day, or traveling summer day camp\\noperator not to exceed two hundred fifty dollars for each violation for\\neach day succeeding the third day after the notice of violation and\\ndemand for discontinuance and abatement thereof has been given, and\\n (c) With respect to the hearing set forth herein the officer in\\naccordance with the civil practice law and rules may: issue subpoena,\\ncompel the attendance of witnesses, and administer oaths to witnesses,\\nand\\n (d) Make an ex parte application to the supreme court of the state of\\nNew York for a temporary restraining order which the court may grant\\nwhen it determines that there is a violation which requires immediate\\nrelief.\\n 3. When an officer has cause to believe that there has been a\\nviolation of this chapter or the sanitary code in the operation of\\nchildren's overnight, summer day, or traveling summer day camp which\\nconstitutes a public health hazard as defined by the sanitary code, and\\nafter notice of the violation has been served in writing on the\\nchildren's overnight, summer day, or traveling summer day camp operator\\nin the manner prescribed for the service of summons set forth in the\\ncivil practice law and rules, an officer may:\\n (a) Conduct a hearing upon at least fifteen days notice in accordance\\nwith the provisions of section twelve-a of this chapter served on the\\ncamp operator in the manner prescribed for the service of summons as set\\nforth in the civil practice law and rules, and\\n (b) Make a determination after such hearing with respect to the\\nalleged violation or violations and have the power to assess a fine on\\nthe children's overnight, summer day, or traveling summer day camp\\noperator in accordance with the provisions of section twelve of this\\nchapter for each violation, and\\n (c) With respect to the hearing set forth herein the officer in\\naccordance with the civil practice law and rules may: issue subpoena,\\ncompel the attendance of witnesses, and administer oaths to witnesses,\\nand\\n (d) Make an ex parte application to the supreme court of the state of\\nNew York for a temporary restraining order which the court may grant\\nwhen it determines that there is a violation which requires immediate\\nrelief.\\n 4. The officer may appoint one or more hearing officers as shall be\\nnecessary to do or perform in his place or stead the acts authorized by\\nparagraphs (a) and (c) of subdivision two of this section. The hearing\\nofficer shall make findings of fact and submit recommendations to the\\nofficer.\\n 5. An officer may institute proceedings to enjoin the continuance of\\nsuch violation or the continued operation of such camp. No bond or\\nundertaking shall be required of such officer in such proceedings and no\\napplication to vacate or modify any judgment obtained shall be\\nentertained by any court without proof to such court that ten days\\nnotice of such application, and copies of the papers upon which the\\napplication is to be made, have been served upon such officer.\\n 6. Nothing contained in this section shall be construed to limit the\\nduty or power of an officer to act with regard to an immediate threat to\\nthe health of the occupants of a children's overnight, summer day, or\\ntraveling summer day camp or the community in which it is located, or to\\nalter or abridge any of the duties and powers now or hereafter existing\\nin the commissioner, state district health officers, county boards of\\nhealth, county commissioners of health or local boards of health.\\n 7. Nothing contained in this section shall be construed to limit or\\npreclude the officer from enforcing or pursuing any remedies or\\npenalties available under this chapter or sanitary code with respect to\\nviolations which constitute a public health hazard as defined by the\\nsanitary code, in the operation of the children's overnight, summer day,\\nor traveling summer day camp, including, but not limited to, those\\nremedies or penalties available under sections twelve, sixteen, two\\nhundred six, two hundred twenty-nine, three hundred nine, and three\\nhundred forty-eight of this chapter.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "1396", "title" : "Separability", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2021-12-31", "2022-03-04", "2022-06-24" ], "docLevelId" : "1396", "activeDate" : "2014-09-22", "sequenceNo" : 540, "repealedDate" : null, "fromSection" : "1396", "toSection" : "1396", "text" : " § 1396. Separability. If any clause, sentence, paragraph, subdivision,\\nsection or part of this article shall be adjudged by any court of\\ncompetent jurisdiction to be invalid, the judgment shall not affect,\\nimpair or invalidate the remainder thereof, but shall be confined in its\\noperation to the clause, sentence, paragraph, subdivision, section or\\npart thereof directly involved in the controversy in which the judgment\\nshall have been rendered.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 9 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A13-D", "title" : "Regulation of Housing; Used As Accommodations By Employees of Certain Motels and Hotels", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "13-D", "activeDate" : "2014-09-22", "sequenceNo" : 541, "repealedDate" : null, "fromSection" : "1399-J", "toSection" : "1399-M", "text" : " ARTICLE 13-D\\n REGULATION OF HOUSING; USED AS ACCOMMODATIONS BY EMPLOYEES OF\\n CERTAIN MOTELS AND HOTELS\\nSection 1399-j. Definitions.\\n 1399-k. Violations notice; administrative procedure; temporary\\n restraining order.\\n 1399-l. Application.\\n 1399-m. Separability.\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "1399-J", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1399-J", "activeDate" : "2014-09-22", "sequenceNo" : 542, "repealedDate" : null, "fromSection" : "1399-J", "toSection" : "1399-J", "text" : " § 1399-j. Definitions. As used in this article:\\n 1. \"Motel or hotel\" shall mean establishments distinguished as hotels,\\nmotels, bungalow colonies, or any other establishment comparable or\\nequivalent to any of those previously mentioned. The term shall not\\ninclude those places or facilities not having the general\\ncharacteristics of a motel or hotel as that term is generally understood\\nand the State Commissioner of Health shall have the power to except from\\nthis article and the Sanitary Code a place or facility that is not\\nwithin the intent of this definition of a motel or hotel.\\n 2. \"Officer\" shall mean the health commissioner of a city of fifty\\nthousand population and over or of a county or part-county health\\ndistrict, or the state district health officer, in whose jurisdiction a\\nhotel or motel is located or any county health director having all the\\npowers and duties prescribed in section three hundred fifty-two of this\\nchapter.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "1399-K", "title" : "Violations notice; administrative procedure; temporary restraining order", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1399-K", "activeDate" : "2014-09-22", "sequenceNo" : 543, "repealedDate" : null, "fromSection" : "1399-K", "toSection" : "1399-K", "text" : " § 1399-k. Violations notice; administrative procedure; temporary\\nrestraining order. 1. A violation of the public health law or of the\\nsanitary code relating to the housing of motel and hotel employees shall\\nconstitute a public nuisance which may be enjoined or restrained.\\n 2. When an officer has cause to believe that there has been a\\nviolation of the public health law or of the sanitary code or any other\\nrules or regulations promulgated pursuant to article nineteen of the\\nlabor law in the housing of motel and hotel employees and that such\\nviolation has continued for more than three days after notice of the\\nviolation and demand for discontinuance and abatement thereof has been\\nserved in writing on the owner or his agent authorized to receive legal\\nnotice in the manner prescribed for the service of summons set forth in\\nthe civil practice law and rules, an officer may:\\n (a) Conduct a hearing upon at least three days notice served on the\\nowner or his aforementioned agent in the manner prescribed for the\\nservice of summons as set forth in the civil practice law and rules, and\\n (b) Make a determination after such hearing with respect to the\\nalleged violation or violations and have the power to assess a fine on\\nthe owner of such motel or hotel not to exceed two hundred fifty dollars\\nfor each violation for each day succeeding the third day after the\\nnotice of violation and demand for discontinuance and abatement thereof\\nhas been given, and\\n (c) With respect to the hearing set forth herein the officer in\\naccordance with the civil practice law and rules may: issue subpoena,\\ncompel the attendance of witnesses, and administer oaths to witnesses,\\nand\\n (d) Make an ex parte application to the supreme court of the state of\\nNew York for a temporary restraining order which the court may grant\\nwhen it determines that there is a violation which requires immediate\\nrelief.\\n 3. The officer may appoint one or more hearing officers as shall be\\nnecessary to do or perform in his place or stead the acts authorized by\\nparagraphs (a) and (c) of this section. The hearing officer shall make\\nfindings of fact and submit recommendations to the officer.\\n 4. An officer may institute proceedings to enjoin the continuance of\\nsuch violation or the continued operation of such motel or hotel. No\\nbond or undertaking shall be required of such officer in such\\nproceedings and no application to vacate or modify any judgment obtained\\nshall be entertained by any court without proof to such court that ten\\ndays notice of such application, and copies of the papers upon which the\\napplication is to be made, have been served upon such officer.\\n 5. Nothing contained in this section shall be construed to limit the\\nduty or power of an officer to act with regard to an immediate threat to\\nthe health of the occupants of a motel or hotel or the community in\\nwhich it is located, or to alter or abridge any of the duties and powers\\nnow or hereafter existing in the commissioner, state district health\\nofficers, county boards of health, county commissioners of health or\\nlocal boards of health.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "1399-L", "title" : "Application", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1399-L", "activeDate" : "2014-09-22", "sequenceNo" : 544, "repealedDate" : null, "fromSection" : "1399-L", "toSection" : "1399-L", "text" : " § 1399-l. Application. The provisions of this article shall not apply\\nto cities having a population of one hundred twenty-five thousand or\\nmore.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "1399-M", "title" : "Separability", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1399-M", "activeDate" : "2014-09-22", "sequenceNo" : 545, "repealedDate" : null, "fromSection" : "1399-M", "toSection" : "1399-M", "text" : "§ 1399-m. Separability. If any clause, sentence, paragraph,\\nsubdivision, section or part of this article shall be adjudged by any\\ncourt of competent jurisdiction to be invalid, the judgment shall not\\naffect, impair or invalidate the remainder thereof, but shall be\\nconfined in its operation to the clause, sentence, paragraph,\\nsubdivision, section or part thereof directly involved in the\\ncontroversy in which the judgment shall have been rendered.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 4 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A13-E", "title" : "Regulation of Smoking and Vaping In Certain Public Areas", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22", "2017-10-27", "2017-11-24", "2022-07-22" ], "docLevelId" : "13-E", "activeDate" : "2017-11-24", "sequenceNo" : 546, "repealedDate" : null, "fromSection" : "1399-N", "toSection" : "1399-X", "text" : " ARTICLE 13-E\\n REGULATION OF SMOKING AND VAPING IN CERTAIN PUBLIC AREAS\\nSection 1399-n. Definitions.\\n 1399-o. Smoking and vaping restrictions.\\n 1399-o-1. Smoking and vaping restrictions; certain outdoor\\n areas.\\n 1399-p. Posting of signs.\\n 1399-q. Smoking and vaping restrictions inapplicable.\\n 1399-r. General provisions.\\n 1399-s. Violations.\\n 1399-t. Enforcement.\\n 1399-u. Waiver.\\n 1399-v. Penalties.\\n 1399-w. Limitation of causes of action.\\n 1399-x. Rules and regulations.\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "1399-N", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2017-10-27", "2017-11-24", "2019-08-02", "2019-08-30", "2021-04-16" ], "docLevelId" : "1399-N", "activeDate" : "2019-08-30", "sequenceNo" : 547, "repealedDate" : null, "fromSection" : "1399-N", "toSection" : "1399-N", "text" : " § 1399-n. Definitions. For purposes of this article:\\n 1. \"Bar\" means any area, including outdoor seating areas, devoted to\\nthe sale and service of alcoholic beverages for on-premises consumption\\nand where the service of food is only incidental to the consumption of\\nsuch beverages.\\n 2. \"Employer\" means any person, partnership, association, limited\\nliability company, corporation or nonprofit entity which employs one or\\nmore persons, including the legislative, executive and judicial branches\\nof state government and any political subdivision of the state.\\n 3. \"Food service establishment\" means any area, including outdoor\\nseating areas, or portion thereof in which the business is the sale of\\nfood for on-premises consumption.\\n 4. \"Membership association\" means a not-for-profit entity which has\\nbeen created or organized for a charitable, philanthropic, educational,\\npolitical, social or other similar purpose.\\n 5. \"Place of employment\" means any indoor area or portion thereof\\nunder the control of an employer in which employees of the employer\\nperform services, and shall include, but not be limited to, offices,\\nschool grounds, retail stores, banquet facilities, theaters, food\\nstores, banks, financial institutions, factories, warehouses, employee\\ncafeterias, lounges, auditoriums, gymnasiums, restrooms, elevators,\\nhallways, museums, libraries, bowling establishments, employee medical\\nfacilities, rooms or areas containing photocopying equipment or other\\noffice equipment used in common, and company vehicles.\\n 6. \"School grounds\" means any building, structure, and surrounding\\noutdoor grounds contained within a public or private pre-school, nursery\\nschool, elementary or secondary school's legally defined property\\nboundaries as registered in a county clerk's office, and any vehicles\\nused to transport children or school personnel.\\n 7. \"Retail tobacco business\" means a sole proprietorship, limited\\nliability company, corporation, partnership or other enterprise in which\\nthe primary activity is the retail sale of tobacco products and\\naccessories, and in which the sale of other products is merely\\nincidental.\\n 8. \"Smoking\" means the burning of a lighted cigar, cigarette, pipe or\\nany other matter or substance which contains tobacco or marihuana as\\ndefined in section thirty-three hundred two of this chapter.\\n 9. \"Vaping\" means the use of an electronic cigarette.\\n 10. \"Electronic cigarette\" shall have the same meaning as in\\nsubdivision thirteen of section thirteen hundred ninety-nine-aa of this\\nchapter.\\n 11. \"Retail electronic cigarette store\" means a retail store devoted\\nprimarily to the sale of electronic cigarettes, and in which the sale of\\nother products is merely incidental. The sale of such other products\\nshall be considered incidental if such sales generate less than\\ntwenty-five percent of the total annual gross sales.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "1399-O", "title" : "Smoking and vaping restrictions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-08-21", "2015-09-18", "2017-08-04", "2017-10-27", "2017-11-24", "2018-08-24", "2018-11-23", "2019-01-04", "2019-06-21" ], "docLevelId" : "1399-O", "activeDate" : "2019-06-21", "sequenceNo" : 548, "repealedDate" : null, "fromSection" : "1399-O", "toSection" : "1399-O", "text" : " § 1399-o. Smoking and vaping restrictions. 1. Smoking and vaping shall\\nnot be permitted and no person shall smoke or vape in the following\\nindoor areas:\\n a. places of employment;\\n b. bars;\\n c. food service establishments, except as provided in subdivision six\\nof section thirteen hundred ninety-nine-q of this article;\\n d. enclosed indoor areas open to the public containing a swimming\\npool;\\n e. public means of mass transportation, including subways, underground\\nsubway stations, and when occupied by passengers, buses, vans, taxicabs\\nand limousines;\\n f. ticketing, boarding and waiting areas in public transportation\\nterminals;\\n g. youth centers and facilities for detention as defined in sections\\nfive hundred twenty-seven-a and five hundred three of the executive law;\\n h. any facility that provides child care services as defined in\\nsection four hundred ten-p of the social services law, provided,\\nhowever, that rooms in such a facility that is a private home shall be\\nregulated by this paragraph as follows:\\n (i) when such private home is not required to be licensed or\\nregistered for such services by the office of children and family\\nservices, rooms in such home are excluded from the prohibition of this\\nparagraph during periods when children receiving such services are not\\npresent; and\\n (ii) when such private home is required to be licensed or registered\\nfor such services by the office of children and family services, rooms\\nin such home are included within the prohibition of this paragraph,\\nregardless of whether or not children receiving such services are\\npresent.\\n i. child day care centers as defined in section three hundred ninety\\nof the social services law and child day care centers licensed by the\\ncity of New York;\\n j. group homes for children as defined in section three hundred\\nseventy-one of the social services law;\\n k. public institutions for children as defined in section three\\nhundred seventy-one of the social services law;\\n l. residential treatment facilities for children and youth as defined\\nin section 1.03 of the mental hygiene law;\\n m. all public and private colleges, universities and other educational\\nand vocational institutions, including dormitories, residence halls, and\\nother group residential facilities that are owned or operated by such\\ncolleges, universities and other educational and vocational\\ninstitutions, except that these restrictions shall not apply in any\\noff-campus residential unit occupied by a person who is not enrolled as\\nan undergraduate student in such college, university or other\\neducational or vocational institution;\\n n. general hospitals and residential health care facilities as defined\\nin article twenty-eight of this chapter, and other health care\\nfacilities licensed by the state in which persons reside; provided,\\nhowever, that the provisions of this subdivision shall not prohibit\\nsmoking and vaping by patients in separate enclosed rooms of residential\\nhealth care facilities, adult care facilities established or certified\\nunder title two of article seven of the social services law, community\\nmental health residences established under section 41.44 of the mental\\nhygiene law, or facilities where day treatment programs are provided,\\nwhich are designated as smoking and vaping rooms for patients of such\\nfacilities or programs;\\n o. commercial establishments used for the purpose of carrying on or\\nexercising any trade, profession, vocation or charitable activity;\\n p. indoor arenas;\\n q. zoos; and\\n r. bingo facilities.\\n 2. Smoking and vaping shall not be permitted and no person shall smoke\\nor vape in the following outdoor areas:\\n a. ticketing, boarding or platform areas of railroad stations operated\\nby the metropolitan transportation authority or its subsidiaries.\\n b. on the grounds of general hospitals and residential health care\\nfacilities as defined in article twenty-eight of this chapter, within\\nfifteen feet of a building entrance or exit or within fifteen feet of\\nthe entrance to or exit from the grounds of any such general hospital or\\nresidential health care facility. This subdivision shall not prohibit\\nsmoking and vaping by a patient or a visitor or guest of a patient of a\\nresidential health care facility in a separate area on the grounds\\ndesignated as a smoking and vaping area by the residential health care\\nfacility, provided such designated smoking and vaping area is not within\\nthirty feet of any building structure (other than a non-residential\\nstructure wholly contained within the designated smoking and vaping\\narea), including any overhang, canopy, awning, entrance, exit, window,\\nintake or exhaust.\\n 3. Smoking and vaping shall not be permitted and no person shall smoke\\nor vape within one hundred feet of the entrances, exits or outdoor areas\\nof any public or private elementary or secondary schools; provided,\\nhowever, that the provisions of this subdivision shall not apply to\\nsmoking or vaping in a residence, or within the real property boundary\\nlines of such residential real property. The provisions of section\\nthirteen hundred ninety-nine-p of this article shall not apply to this\\nsubdivision.\\n 4. Smoking and vaping shall not be permitted and no person shall smoke\\nor vape within one hundred feet of the entrances, exits or outdoor areas\\nof any after-school program licensed or registered pursuant to section\\nthree hundred ninety of the social services law; provided, however, that\\nthe provisions of this subdivision shall only apply on those days and\\nduring those hours in which such after-school programs are operational;\\nand provided, further, that the provisions of this subdivision shall not\\napply to smoking or vaping in a residence, or within the real property\\nboundary lines of such residential real property.\\n 5. a. Use of an electronic cigarette or e-cigarette shall not be\\npermitted on school grounds, as defined in subdivision six of section\\nthirteen hundred ninety-nine-n of this article.\\n b. \"Electronic cigarette\" or \"e-cigarette\" shall have the same meaning\\nas in subdivision thirteen of section thirteen hundred ninety-nine-aa of\\nthis chapter.\\n 6. Smoking shall not be permitted and no person shall smoke within one\\nhundred feet of the entrances, exits or outdoor areas of any public or\\nassociation library as defined in subdivision two of section two hundred\\nfifty-three of the education law; provided, however, that the provisions\\nof this subdivision shall not apply to smoking in a residence, or within\\nthe real property boundary lines of such residential real property.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "1399-O-1", "title" : "Smoking and vaping restrictions; certain outdoor areas", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2017-10-27", "2017-11-24" ], "docLevelId" : "1399-O-1", "activeDate" : "2017-11-24", "sequenceNo" : 549, "repealedDate" : null, "fromSection" : "1399-O-1", "toSection" : "1399-O-1", "text" : " § 1399-o-1. Smoking and vaping restrictions; certain outdoor areas. 1.\\nSmoking and vaping shall not be permitted and no person shall smoke or\\nvape during the hours between sunrise and sunset, when one or more\\npersons under the age of twelve are present at any playground. For the\\npurposes of this section, the term \"playground\" means an improved area\\ndesigned, equipped, and set aside for play of six or more children which\\nis not intended for use as an athletic playing field or athletic court,\\nand shall include any play equipment, surfacing, fencing, signs,\\ninternal pathways, internal land forms, vegetation, and related\\nstructures. Playgrounds or playground equipment constructed upon one,\\ntwo and three-family residential real property are exempt from the\\nrequirements of this section. This section shall not apply to any\\nplayground located within the city of New York.\\n 2. No police officer, peace officer, regulatory officer or law\\nenforcement official may arrest, ticket, stop or question any person\\nbased solely or in part on an alleged violation of subdivision one of\\nthis section, nor may an alleged violation of subdivision one of this\\nsection support probable cause to conduct any search or limited search\\nof any person or his or her immediate surroundings.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "1399-P", "title" : "Posting of signs", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-08-21", "2015-09-18", "2017-10-27", "2017-11-24" ], "docLevelId" : "1399-P", "activeDate" : "2017-11-24", "sequenceNo" : 550, "repealedDate" : null, "fromSection" : "1399-P", "toSection" : "1399-P", "text" : " § 1399-p. Posting of signs. 1. \"Smoking\" or \"No Smoking\" signs, or\\n\"Vaping\" or \"No Vaping\" signs, or the international \"No Smoking\" symbol,\\nwhich consists of a pictorial representation of a burning cigarette\\nenclosed in a circle with a bar across it, shall be prominently posted\\nand properly maintained where smoking and vaping are regulated by this\\narticle, by the owner, operator, manager or other person having control\\nof such area.\\n 2. The owner, operator or manager of a hotel or motel that chooses to\\ndevelop and implement a smoking and vaping policy for rooms rented to\\nguests shall post a notice at the reception area of the establishment as\\nto the availability, upon request, of rooms in which no smoking and\\nvaping are allowed.\\n 3. The provisions of this section shall apply to after-school programs\\nthat are subject to the provisions of subdivision four of section\\nthirteen hundred ninety-nine-o of this article, provided that signs\\nposted pursuant to this subdivision shall specify the specific time\\nperiod during which smoking and vaping shall be prohibited.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "1399-Q", "title" : "Smoking and vaping restrictions inapplicable", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2017-10-27", "2017-11-24", "2021-04-02", "2021-04-16" ], "docLevelId" : "1399-Q", "activeDate" : "2017-11-24", "sequenceNo" : 551, "repealedDate" : null, "fromSection" : "1399-Q", "toSection" : "1399-Q", "text" : " § 1399-q. Smoking and vaping restrictions inapplicable. This article\\nshall not apply to:\\n 1. Private homes, private residences and private automobiles;\\n 2. A hotel or motel room rented to one or more guests;\\n 3. Retail tobacco businesses;\\n 4. Membership associations; provided, however, that smoking and vaping\\nshall only be allowed in membership associations in which all of the\\nduties with respect to the operation of such association, including, but\\nnot limited to, the preparation of food and beverages, the service of\\nfood and beverages, reception and secretarial work, and the security\\nservices of the membership association are performed by members of such\\nmembership association who do not receive compensation of any kind from\\nthe membership association or any other entity for the performance of\\nsuch duties;\\n 5. Cigar bars that, in the calendar year ending December thirty-first,\\ntwo thousand two, generated ten percent or more of its total annual\\ngross income from the on-site sale of tobacco products and the rental of\\non-site humidors, not including any sales from vending machines, and is\\nregistered with the appropriate enforcement officer, as defined in\\nsubdivision one of section thirteen hundred ninety-nine-t of this\\narticle. Such registration shall remain in effect for one year and shall\\nbe renewable only if: (a) in the preceding calendar year, the cigar bar\\ngenerated ten percent or more of its total annual gross income from the\\non-site sale of tobacco products and the rental of on-site humidors, and\\n(b) the cigar bar has not expanded its size or changed its location from\\nits size or location since December thirty-first, two thousand two;\\n 6. Outdoor dining areas of food service establishments with no roof or\\nother ceiling enclosure; provided, however, that smoking and vaping may\\nbe permitted in a contiguous area designated for smoking and vaping so\\nlong as such area: (a) constitutes no more than twenty-five percent of\\nthe outdoor seating capacity of such food service establishment, (b) is\\nat least three feet away from the outdoor area of such food service\\nestablishment not designated for smoking and vaping, and (c) is clearly\\ndesignated with written signage as a smoking and vaping area;\\n 7. Enclosed rooms in food service establishments, bars, catering\\nhalls, convention halls, hotel and motel conference rooms, and other\\nsuch similar facilities during the time such enclosed areas or rooms are\\nbeing used exclusively for functions where the public is invited for the\\nprimary purpose of promoting and sampling tobacco products or electronic\\ncigarettes, and the service of food and drink is incidental to such\\npurpose, provided that the sponsor or organizer gives notice in any\\npromotional material or advertisements that smoking and vaping will not\\nbe restricted, and prominently posts notice at the entrance of the\\nfacility and has provided notice of such function to the appropriate\\nenforcement officer, as defined in subdivision one of section thirteen\\nhundred ninety-nine-t of this article, at least two weeks prior to such\\nfunction. The enforcement officer shall keep a record of all tobacco\\nsampling events, and such record shall be made available for public\\ninspection. No such facility shall permit smoking and vaping under this\\nsubdivision for more than two days in any calendar year; and\\n 8. Retail electronic cigarette stores, provided however, that such\\nstores may only permit the use of electronic cigarettes.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "1399-R", "title" : "General provisions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2017-10-27", "2017-11-24" ], "docLevelId" : "1399-R", "activeDate" : "2017-11-24", "sequenceNo" : 552, "repealedDate" : null, "fromSection" : "1399-R", "toSection" : "1399-R", "text" : " § 1399-r. General provisions. 1. Nothing in this article shall be\\nconstrued to deny the owner, operator or manager of a place covered by\\nthis article the right to designate the entire place, or any part\\nthereof, as a nonsmoking and nonvaping area.\\n 2. The provisions of this article shall apply to the legislative,\\nexecutive and judicial branches of state government and any political\\nsubdivision of the state.\\n 3. Smoking and vaping may not be permitted where prohibited by any\\nother law, rule, or regulation of any state agency or any political\\nsubdivision of the state. Nothing herein shall be construed to restrict\\nthe power of any county, city, town, or village to adopt and enforce\\nadditional local law, ordinances, or regulations which comply with at\\nleast the minimum applicable standards set forth in this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "1399-S", "title" : "Violations", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2017-10-27", "2017-11-24" ], "docLevelId" : "1399-S", "activeDate" : "2017-11-24", "sequenceNo" : 553, "repealedDate" : null, "fromSection" : "1399-S", "toSection" : "1399-S", "text" : " § 1399-s. Violations. 1. It shall be unlawful for any person, firm,\\nlimited liability company, corporation or other entity that owns,\\nmanages, operates or otherwise controls the use of an area in which\\nsmoking and vaping is prohibited or restricted pursuant to section\\nthirteen hundred ninety-nine-o of this article to fail to comply with\\nthe provisions of this article. For violations of this subdivision, it\\nshall be an affirmative defense that during the relevant time period\\nactual control of the area was not exercised by the respondent, but\\nrather by a lessee, the sublessee or any other person. To establish an\\naffirmative defense, the respondent shall submit an affidavit and may\\nsubmit any other relevant proof indicating that the respondent did not\\nexercise actual control of said area during the relevant time period.\\nSuch affidavit and other proof shall be mailed by certified mail to the\\nappropriate enforcement officer within thirty days of receipt of such\\nnotice of violation.\\n 2. It shall be unlawful for an employer whose place of employment is\\nsubject to subdivision one of section thirteen hundred ninety-nine-o of\\nthis article to fail to comply with the provisions of such subdivision.\\nFor violations of such subdivision, it shall be an affirmative defense\\nthat the employer has made good faith efforts to ensure that employees\\ncomply with the provisions of this article.\\n 3. It shall be unlawful for any person to smoke or vape in any area\\nwhere smoking and vaping is prohibited or restricted under section\\nthirteen hundred ninety-nine-o of this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "1399-T", "title" : "Enforcement", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2017-10-27", "2017-11-24" ], "docLevelId" : "1399-T", "activeDate" : "2017-11-24", "sequenceNo" : 554, "repealedDate" : null, "fromSection" : "1399-T", "toSection" : "1399-T", "text" : " § 1399-t. Enforcement. 1. For the purpose of this article the term\\n\"enforcement officer\" shall mean the board of health of a county or part\\ncounty health district established pursuant to title three of article\\nthree of this chapter, or in the absence thereof, an officer of a county\\ndesignated for such purpose by resolution of the elected county\\nlegislature or board of supervisors adopted within sixty days after the\\neffective date of this article. Any such designation shall be filed with\\nthe commissioner within thirty days after adoption. If no such\\ndesignation is made, the county will be deemed to have designated the\\ndepartment as its enforcement officer. Any county that does not\\ndesignate an enforcement officer during the time period specified above\\nmay do so at any time, thereafter, such designation will be effective\\nthirty days after it is filed with the commissioner. The enforcement\\nofficer shall have sole jurisdiction to enforce the provisions of this\\narticle on a county-wide basis pursuant to rules and regulations\\npromulgated by the commissioner. In a city with a population of more\\nthan one million the enforcement officer shall be the department of\\nhealth and mental hygiene of such city which shall have sole\\njurisdiction to enforce the provisions of this article in such city.\\n 2. If the enforcement officer determines after a hearing that a\\nviolation of this article has occurred, a civil penalty may be imposed\\nby the enforcement officer pursuant to section thirteen hundred\\nninety-nine-v of this article. When the enforcement officer is the\\ncommissioner, the hearing shall be conducted pursuant to the provisions\\nof section twelve-a of this chapter. When the enforcement officer is a\\nboard of health or in a city with a population of more than one million,\\nthe department of health and mental hygiene, or an officer designated to\\nenforce the provisions of this article, the hearing shall be conducted\\npursuant to procedures set forth in the county sanitary code, or health\\ncode of such city, or in the absence thereof, pursuant to procedures\\nestablished by the elected county legislature or board of supervisors.\\nNo other penalty, fine or sanction may be imposed, provided that nothing\\nherein shall be construed to prohibit an enforcement officer from\\ncommencing a proceeding for injunctive relief to compel compliance with\\nthis article.\\n 3. Any person who desires to register a complaint under this article\\nmay do so with the appropriate enforcement officer.\\n 4. The owner, manager, operator or other person having control of any\\narea subject to the provisions of this article, shall inform, or shall\\ndesignate an agent who shall be responsible for informing individuals\\nsmoking or vaping in an area in which smoking or vaping is not permitted\\nthat they are in violation of this article.\\n 5. Any person aggrieved by the decision of an enforcement officer\\nother than the commissioner may appeal to the commissioner to review\\nsuch decision within thirty days of such decision. The decision of any\\nenforcement officer shall be reviewable pursuant to article\\nseventy-eight of the civil practice law and rules.\\n 6. The enforcement officer, subsequent to any appeal having been\\nfinally determined, may bring an action to recover the civil penalty\\nprovided in section thirteen hundred ninety-nine-v of this article in\\nany court of competent jurisdiction.\\n 7. An enforcement officer who discovers a retail dealer who or which\\ndoes not display a retail dealer certificate of license or registration\\nfrom the department of taxation and finance issued pursuant to section\\nfour hundred eighty-a of the tax law shall notify the commissioner of\\ntaxation and finance within thirty days of the name and address of any\\nsuch establishment so that the commissioner of taxation and finance can\\ntake appropriate action.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "1399-U", "title" : "Waiver", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2017-10-27", "2017-11-24" ], "docLevelId" : "1399-U", "activeDate" : "2017-11-24", "sequenceNo" : 555, "repealedDate" : null, "fromSection" : "1399-U", "toSection" : "1399-U", "text" : " § 1399-u. Waiver. 1. The enforcement officer may grant a waiver from\\nthe application of a specific provision of this article, provided that\\nprior to the granting of any such waiver the applicant for a waiver\\nshall establish that:\\n (a) compliance with a specific provision of this article would cause\\nundue financial hardship; or\\n (b) other factors exist which would render compliance unreasonable.\\n 2. Every waiver granted shall be subject to such conditions or\\nrestrictions as may be necessary to minimize the adverse effects of the\\nwaiver upon persons subject to an involuntary exposure to second-hand\\nsmoke or vaping and to ensure that the waiver is consistent with the\\ngeneral purpose of this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "1399-V", "title" : "Penalties", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2022-07-22", "2022-10-21" ], "docLevelId" : "1399-V", "activeDate" : "2014-09-22", "sequenceNo" : 556, "repealedDate" : null, "fromSection" : "1399-V", "toSection" : "1399-V", "text" : " § 1399-v. Penalties. The commissioner may impose a civil penalty for\\na violation of this article in an amount not to exceed that set forth in\\nsubdivision one of section twelve of this chapter. Any other enforcement\\nofficer may impose a civil penalty for a violation of this article in an\\namount not to exceed that set forth in paragraph f of subdivision one of\\nsection three hundred nine of this chapter.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "1399-W", "title" : "Limitation of causes of action", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2017-10-27", "2017-11-24" ], "docLevelId" : "1399-W", "activeDate" : "2017-11-24", "sequenceNo" : 557, "repealedDate" : null, "fromSection" : "1399-W", "toSection" : "1399-W", "text" : " § 1399-w. Limitation of causes of action. An employer, administrator,\\nmanager, owner or operator of any indoor area, food service\\nestablishment, or place of employment regulated by this article who\\ncomplies or fails to comply with the provisions of this article shall\\nnot be subject to any legal liability or action solely as a result of\\nsuch compliance or noncompliance except as provided in section thirteen\\nhundred ninety-nine-v of this article. Nothing in any other section of\\nthis article shall be construed to create, impair, alter, limit, modify,\\nenlarge, abrogate or restrict any theory of liability upon which any\\nperson may be held liable to any other person for exposure to smoke or\\nvaping.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "1399-X", "title" : "Rules and regulations", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2017-10-27", "2017-11-24" ], "docLevelId" : "1399-X", "activeDate" : "2017-11-24", "sequenceNo" : 558, "repealedDate" : null, "fromSection" : "1399-X", "toSection" : "1399-X", "text" : " § 1399-x. Rules and regulations. The commissioner shall not promulgate\\nany rules or regulations to effectuate the provisions of section\\nthirteen hundred ninety-nine-n, paragraph f of subdivision one of\\nsection thirteen hundred ninety-nine-o or subdivision one of section\\nthirteen hundred ninety-nine-p of this article. The commissioner shall\\nnot promulgate any rules or regulations that create, limit or enlarge\\nany smoking or vaping restrictions.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 12 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A13-F", "title" : "Regulation of Tobacco Products, Herbal Cigarettes and Smoking Paraphernalia; Distribution to Minors", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22", "2015-01-02", "2020-04-17", "2023-10-27", "2025-12-26", "2026-02-27", "2026-06-19" ], "docLevelId" : "13-F", "activeDate" : "2015-01-02", "sequenceNo" : 559, "repealedDate" : null, "fromSection" : "1399-AA", "toSection" : "1399-MM", "text" : " ARTICLE 13-F\\n REGULATION OF TOBACCO PRODUCTS, HERBAL CIGARETTES AND SMOKING\\n PARAPHERNALIA; DISTRIBUTION TO MINORS\\nSection 1399-aa. Definitions.\\n 1399-bb. Distribution of tobacco products or herbal cigarettes\\n without charge.\\n 1399-cc. Sale of tobacco products, herbal cigarettes, liquid\\n nicotine, shisha, rolling papers or smoking\\n paraphernalia to minors prohibited.\\n 1399-dd. Sale of tobacco products, herbal cigarettes or\\n electronic cigarettes in vending machines.\\n 1399-ee. Hearings; penalties.\\n 1399-ff. Enforcement.\\n 1399-gg. Out-of-package sales and minimum package sizes.\\n 1399-hh. Tobacco enforcement.\\n 1399-ii. Tobacco use prevention and control program.\\n 1399-jj. Evaluation requirements.\\n 1399-kk. Annual tobacco enforcement reporting.\\n 1399-ll. Unlawful shipment or transport of cigarettes.\\n 1399-ll*2. Sale of bidis prohibited.\\n 1399-mm. Sale of gutka prohibited.\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "1399-AA", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-01-02", "2019-07-19", "2019-11-15", "2020-04-17", "2020-07-03", "2025-11-28", "2025-12-26", "2026-02-20", "2026-02-27", "2026-05-29", "2026-06-19" ], "docLevelId" : "1399-AA", "activeDate" : "2019-07-19", "sequenceNo" : 560, "repealedDate" : null, "fromSection" : "1399-AA", "toSection" : "1399-AA", "text" : " § 1399-aa. Definitions. As used in this article:\\n 1. \"Enforcement officer\" means the enforcement officer designated\\npursuant to article thirteen-E of this chapter to enforce such article\\nand hold hearings pursuant thereto; provided that in a city with a\\npopulation of more than one million it shall also mean an officer or\\nemployee or any agency of such city that is authorized to enforce any\\nlocal law of such city related to the regulation of the sale of tobacco\\nproducts to minors.\\n 2. \"Food service establishment\" means any area, including outdoor\\nseating areas, in which the business is the sale of food for on-premises\\nconsumption.\\n 3. \"Person\" means a person, firm, company, corporation, partnership,\\nsole proprietor, limited partnership or association.\\n * 4. \"Private club\" means an organization with no more than an\\ninsignificant portion of its membership comprised of people under the\\nage of eighteen years that regularly receives dues and/or payments from\\nits members for the use of space, facilities and services.\\n * NB Effective until November 13, 2019\\n * 4. \"Private club\" means an organization with no more than an\\ninsignificant portion of its membership comprised of people under the\\nage of twenty-one years that regularly receives dues and/or payments\\nfrom its members for the use of space, facilities and services.\\n * NB Effective November 13, 2019\\n 5. \"Tobacco products\" means one or more cigarettes or cigars, bidis,\\nchewing tobacco, powdered tobacco, nicotine water or any other tobacco\\nproducts.\\n 6. \"Herbal cigarette\" means any product made primarily of an herb or\\ncombination of herbs, and intended to be smoked in any of the methods\\nthat tobacco is smoked, including but not limited to, as a cigarette,\\ncigar or pipe filler.\\n 7. \"Bidis\" means a product containing tobacco that is wrapped in\\ntemburni leaf (diospyros melanoxylon) or tendra leaf (diospyros\\nexculpra), or any other product offered to consumers as \"beedies\" or\\n\"bidis\".\\n 8. \"Tobacco business\" means a sole proprietorship, corporation,\\nlimited liability company, partnership or other enterprise in which the\\nprimary activity is the sale, manufacture or promotion of tobacco,\\ntobacco products and accessories, either at wholesale or retail, and in\\nwhich the sale, manufacture or promotion of other products is merely\\nincidental.\\n 9. \"Factory\" means any mill or other manufacturing establishment where\\none or more persons are employed in manufacturing including making,\\naltering, repairing, finishing, bottling, canning, cleaning or\\nlaundering any article or thing.\\n 10. \"Gutka\" means a product containing lime paste, spices, areca and\\ntobacco.\\n 11. \"Nicotine water\" means bottled water that is laced with nicotine.\\n 12. \"Shisha\" means any product made primarily of tobacco or other\\nleaf, or any combination thereof, smoked or intended to be smoked in a\\nhookah or water pipe.\\n 13. \"Electronic cigarette\" or \"e-cigarette\" means an electronic device\\nthat delivers vapor which is inhaled by an individual user, and shall\\ninclude any refill, cartridge and any other component of such a device.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "1399-BB", "title" : "Distribution of tobacco products, electronic cigarettes or herbal cigarettes without charge", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2018-04-27", "2019-07-19", "2019-11-15", "2020-04-17", "2020-07-03" ], "docLevelId" : "1399-BB", "activeDate" : "2019-07-19", "sequenceNo" : 561, "repealedDate" : null, "fromSection" : "1399-BB", "toSection" : "1399-BB", "text" : " § 1399-bb. Distribution of tobacco products, electronic cigarettes or\\nherbal cigarettes without charge. 1. No person engaged in the business\\nof selling or otherwise distributing tobacco products or herbal\\ncigarettes for commercial purposes, or any agent or employee of such\\nperson, shall knowingly, in furtherance of such business:\\n (a) distribute without charge any tobacco products or herbal\\ncigarettes to any individual, provided that the distribution of a\\npackage containing tobacco products or herbal cigarettes in violation of\\nthis subdivision shall constitute a single violation without regard to\\nthe number of items in the package; or\\n (b) distribute coupons which are redeemable for tobacco products or\\nherbal cigarettes to any individual, provided that this subdivision\\nshall not apply to coupons contained in newspapers, magazines or other\\ntypes of publications, coupons obtained through the purchase of tobacco\\nproducts or herbal cigarettes or obtained at locations which sell\\ntobacco products or herbal cigarettes provided that such distribution is\\nconfined to a designated area or to coupons sent through the mail.\\n 2. The prohibitions contained in subdivision one of this section shall\\nnot apply to the following locations:\\n (a) private social functions when seating arrangements are under the\\ncontrol of the sponsor of the function and not the owner, operator,\\nmanager or person in charge of such indoor area;\\n * (b) conventions and trade shows; provided that the distribution is\\nconfined to designated areas generally accessible only to persons over\\nthe age of eighteen;\\n * NB Effective until November 13, 2019\\n * (b) conventions and trade shows; provided that the distribution is\\nconfined to designated areas generally accessible only to persons over\\nthe age of twenty-one;\\n * NB Effective November 13, 2019\\n * (c) events sponsored by tobacco or herbal cigarette manufacturers\\nprovided that the distribution is confined to designated areas generally\\naccessible only to persons over the age of eighteen;\\n * NB Effective until November 13, 2019\\n * (c) events sponsored by tobacco or herbal cigarette manufacturers\\nprovided that the distribution is confined to designated areas generally\\naccessible only to persons over the age of twenty-one;\\n * NB Effective November 13, 2019\\n (d) bars as defined in subdivision one of section thirteen hundred\\nninety-nine-n of this chapter;\\n (e) tobacco businesses as defined in subdivision eight of section\\nthirteen hundred ninety-nine-aa of this article;\\n * (f) factories as defined in subdivision nine of section thirteen\\nhundred ninety-nine-aa of this article and construction sites; provided\\nthat the distribution is confined to designated areas generally\\naccessible only to persons over the age of eighteen.\\n * NB Effective until November 13, 2019\\n * (f) factories as defined in subdivision nine of section thirteen\\nhundred ninety-nine-aa of this article and construction sites; provided\\nthat the distribution is confined to designated areas generally\\naccessible only to persons over the age of twenty-one.\\n * NB Effective November 13, 2019\\n 3. No person shall distribute tobacco products or herbal cigarettes at\\nthe locations set forth in paragraphs (b), (c) and (f) of subdivision\\ntwo of this section unless such person gives five days written notice to\\nthe enforcement officer.\\n * 4. No person engaged in the business of selling or otherwise\\ndistributing electronic cigarettes for commercial purposes, or any agent\\nor employee of such person, shall knowingly, in furtherance of such\\nbusiness, distribute without charge any electronic cigarettes to any\\nindividual under eighteen years of age.\\n * NB Effective until November 13, 2019\\n * 4. No person engaged in the business of selling or otherwise\\ndistributing electronic cigarettes for commercial purposes, or any agent\\nor employee of such person, shall knowingly, in furtherance of such\\nbusiness, distribute without charge any electronic cigarettes to any\\nindividual under twenty-one years of age.\\n * NB Effective November 13, 2019\\n * 5. The distribution of tobacco products or herbal cigarettes\\npursuant to subdivision two of this section or the distribution without\\ncharge of electronic cigarettes shall be made only to an individual who\\ndemonstrates, through a driver's license or other photographic\\nidentification card issued by a government entity or educational\\ninstitution indicating that the individual is at least eighteen years of\\nage. Such identification need not be required of any individual who\\nreasonably appears to be at least twenty-five years of age; provided,\\nhowever, that such appearance shall not constitute a defense in any\\nproceeding alleging the sale of a tobacco product, electronic cigarette\\nor herbal cigarette or the distribution without charge of electronic\\ncigarettes to an individual.\\n * NB Effective until November 13, 2019\\n * 5. The distribution of tobacco products or herbal cigarettes\\npursuant to subdivision two of this section or the distribution without\\ncharge of electronic cigarettes shall be made only to an individual who\\ndemonstrates, through a driver's license or other photographic\\nidentification card issued by a government entity or educational\\ninstitution indicating that the individual is at least twenty-one years\\nof age. Such identification need not be required of any individual who\\nreasonably appears to be at least twenty-five years of age; provided,\\nhowever, that such appearance shall not constitute a defense in any\\nproceeding alleging the sale of a tobacco product, electronic cigarette\\nor herbal cigarette or the distribution without charge of electronic\\ncigarettes to an individual.\\n * NB Effective November 13, 2019\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "1399-CC", "title" : "Sale of tobacco products, herbal cigarettes, liquid nicotine, shisha, rolling papers or smoking paraphernalia to minors prohibited", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-01-02", "2019-07-19", "2019-11-15" ], "docLevelId" : "1399-CC", "activeDate" : "2019-07-19", "sequenceNo" : 562, "repealedDate" : null, "fromSection" : "1399-CC", "toSection" : "1399-CC", "text" : " § 1399-cc. Sale of tobacco products, herbal cigarettes, liquid\\nnicotine, shisha, rolling papers or smoking paraphernalia to minors\\nprohibited. 1. As used in this section:\\n (a) \"A device capable of deciphering any electronically readable\\nformat\" or \"device\" shall mean any commercial device or combination of\\ndevices used at a point of sale or entry that is capable of reading the\\ninformation encoded on the bar code or magnetic strip of a driver's\\nlicense or non-driver identification card issued by the state\\ncommissioner of motor vehicles;\\n (b) \"Card holder\" means any person presenting a driver's license or\\nnon-driver identification card to a licensee, or to the agent or\\nemployee of such licensee under this chapter;\\n (c) \"Smoking paraphernalia\" means any pipe, water pipe, hookah,\\nrolling papers, vaporizer or any other device, equipment or apparatus\\ndesigned for the inhalation of tobacco;\\n (d) \"Transaction scan\" means the process involving an automated bar\\ncode reader by which a licensee, or agent or employee of a licensee\\nunder this chapter reviews a driver's license or non-driver\\nidentification card presented as a precondition for the purchase of a\\ntobacco product or herbal cigarettes pursuant to subdivision three of\\nthis section; and\\n (e) \"Liquid nicotine\", \"electronic liquid\" or \"e-liquid\" means a\\nliquid composed of nicotine and other chemicals, and which is sold as a\\nproduct that may be used in an electronic cigarette.\\n * 2. Any person operating a place of business wherein tobacco\\nproducts, herbal cigarettes, liquid nicotine, shisha or electronic\\ncigarettes, are sold or offered for sale is prohibited from selling such\\nproducts, herbal cigarettes, liquid nicotine, shisha, electronic\\ncigarettes or smoking paraphernalia to individuals under eighteen years\\nof age, and shall post in a conspicuous place a sign upon which there\\nshall be imprinted the following statement, \"SALE OF CIGARETTES, CIGARS,\\nCHEWING TOBACCO, POWDERED TOBACCO, SHISHA OR OTHER TOBACCO PRODUCTS,\\nHERBAL CIGARETTES, LIQUID NICOTINE, ELECTRONIC CIGARETTES, ROLLING\\nPAPERS OR SMOKING PARAPHERNALIA, TO PERSONS UNDER EIGHTEEN YEARS OF AGE\\nIS PROHIBITED BY LAW.\" Such sign shall be printed on a white card in red\\nletters at least one-half inch in height.\\n * NB Effective until November 13, 2019\\n * 2. Any person operating a place of business wherein tobacco\\nproducts, herbal cigarettes, liquid nicotine, shisha or electronic\\ncigarettes, are sold or offered for sale is prohibited from selling such\\nproducts, herbal cigarettes, liquid nicotine, shisha, electronic\\ncigarettes or smoking paraphernalia to individuals under twenty-one\\nyears of age, and shall post in a conspicuous place a sign upon which\\nthere shall be imprinted the following statement, \"SALE OF CIGARETTES,\\nCIGARS, CHEWING TOBACCO, POWDERED TOBACCO, SHISHA OR OTHER TOBACCO\\nPRODUCTS, HERBAL CIGARETTES, LIQUID NICOTINE, ELECTRONIC CIGARETTES,\\nROLLING PAPERS OR SMOKING PARAPHERNALIA, TO PERSONS UNDER TWENTY-ONE\\nYEARS OF AGE IS PROHIBITED BY LAW.\" Such sign shall be printed on a\\nwhite card in red letters at least one-half inch in height.\\n * NB Effective November 13, 2019\\n * 3. Sale of tobacco products, herbal cigarettes, liquid nicotine,\\nshisha or electronic cigarettes in such places, other than by a vending\\nmachine, shall be made only to an individual who demonstrates, through\\n(a) a valid driver's license or non-driver's identification card issued\\nby the commissioner of motor vehicles, the federal government, any\\nUnited States territory, commonwealth or possession, the District of\\nColumbia, a state government within the United States or a provincial\\ngovernment of the dominion of Canada, or (b) a valid passport issued by\\nthe United States government or any other country, or (c) an\\nidentification card issued by the armed forces of the United States,\\nindicating that the individual is at least eighteen years of age. Such\\nidentification need not be required of any individual who reasonably\\nappears to be at least twenty-five years of age, provided, however, that\\nsuch appearance shall not constitute a defense in any proceeding\\nalleging the sale of a tobacco product, herbal cigarettes, liquid\\nnicotine, shisha or electronic cigarettes to an individual under\\neighteen years of age.\\n * NB Effective until November 13, 2019\\n * 3. Sale of tobacco products, herbal cigarettes, liquid nicotine,\\nshisha or electronic cigarettes in such places, other than by a vending\\nmachine, shall be made only to an individual who demonstrates, through\\n(a) a valid driver's license or non-driver's identification card issued\\nby the commissioner of motor vehicles, the federal government, any\\nUnited States territory, commonwealth or possession, the District of\\nColumbia, a state government within the United States or a provincial\\ngovernment of the dominion of Canada, or (b) a valid passport issued by\\nthe United States government or any other country, or (c) an\\nidentification card issued by the armed forces of the United States,\\nindicating that the individual is at least twenty-one years of age. Such\\nidentification need not be required of any individual who reasonably\\nappears to be at least twenty-five years of age, provided, however, that\\nsuch appearance shall not constitute a defense in any proceeding\\nalleging the sale of a tobacco product, herbal cigarettes, liquid\\nnicotine, shisha or electronic cigarettes to an individual under\\ntwenty-one years of age.\\n * NB Effective November 13, 2019\\n 4. (a) Any person operating a place of business wherein tobacco\\nproducts, herbal cigarettes, liquid nicotine, shisha or electronic\\ncigarettes are sold or offered for sale may perform a transaction scan\\nas a precondition for such purchases.\\n (b) In any instance where the information deciphered by the\\ntransaction scan fails to match the information printed on the driver's\\nlicense or non-driver identification card, or if the transaction scan\\nindicates that the information is false or fraudulent, the attempted\\ntransaction shall be denied.\\n (c) In any proceeding pursuant to section thirteen hundred\\nninety-nine-ee of this article, it shall be an affirmative defense that\\nsuch person had produced a driver's license or non-driver identification\\ncard apparently issued by a governmental entity, successfully completed\\nthat transaction scan, and that the tobacco product, herbal cigarettes\\nor liquid nicotine had been sold, delivered or given to such person in\\nreasonable reliance upon such identification and transaction scan. In\\nevaluating the applicability of such affirmative defense the\\ncommissioner shall take into consideration any written policy adopted\\nand implemented by the seller to effectuate the provisions of this\\nchapter. Use of a transaction scan shall not excuse any person operating\\na place of business wherein tobacco products, herbal cigarettes, liquid\\nnicotine, shisha or electronic cigarettes are sold, or the agent or\\nemployee of such person, from the exercise of reasonable diligence\\notherwise required by this chapter. Notwithstanding the above\\nprovisions, any such affirmative defense shall not be applicable in any\\ncivil or criminal proceeding, or in any other forum.\\n 5. A licensee or agent or employee of such licensee shall only use a\\ndevice capable of deciphering any electronically readable format, and\\nshall only use the information recorded and maintained through the use\\nof such devices, for the purposes contained in subdivision four of this\\nsection. No licensee or agent or employee of a licensee shall resell or\\ndisseminate the information recorded during such a scan to any third\\nperson. Such prohibited resale or dissemination includes but is not\\nlimited to any advertising, marketing or promotional activities.\\nNotwithstanding the restrictions imposed by this subdivision, such\\nrecords may be released pursuant to a court ordered subpoena or pursuant\\nto any other statute that specifically authorizes the release of such\\ninformation. Each violation of this subdivision shall be punishable by a\\ncivil penalty of not more than one thousand dollars.\\n 6. A licensee or agent or employee of such a licensee may\\nelectronically or mechanically record and maintain only the information\\nfrom a transaction scan necessary to effectuate this section. Such\\ninformation shall be limited to the following: (a) name, (b) date of\\nbirth, (c) driver's license or non-driver identification number, and (d)\\nexpiration date. The commissioner and state commissioner of motor\\nvehicles shall jointly promulgate any regulations necessary to govern\\nthe recording and maintenance of these records by a licensee under this\\nchapter. The commissioner and the state liquor authority shall jointly\\npromulgate any regulation necessary to ensure quality control in the use\\nof the transaction scan devices under this chapter and article five of\\nthe alcoholic beverage control law.\\n * 7. No person operating a place of business wherein tobacco products,\\nherbal cigarettes, liquid nicotine, shisha or electronic cigarettes are\\nsold or offered for sale shall sell, permit to be sold, offer for sale\\nor display for sale any tobacco product, herbal cigarettes, liquid\\nnicotine, shisha or electronic cigarettes in any manner, unless such\\nproducts and cigarettes are stored for sale (a) behind a counter in an\\narea accessible only to the personnel of such business, or (b) in a\\nlocked container; provided, however, such restriction shall not apply to\\ntobacco businesses, as defined in subdivision eight of section thirteen\\nhundred ninety-nine-aa of this article, and to places to which admission\\nis restricted to persons eighteen years of age or older.\\n * NB Effective until November 13, 2019\\n * 7. No person operating a place of business wherein tobacco products,\\nherbal cigarettes, liquid nicotine, shisha or electronic cigarettes are\\nsold or offered for sale shall sell, permit to be sold, offer for sale\\nor display for sale any tobacco product, herbal cigarettes, liquid\\nnicotine, shisha or electronic cigarettes in any manner, unless such\\nproducts and cigarettes are stored for sale (a) behind a counter in an\\narea accessible only to the personnel of such business, or (b) in a\\nlocked container; provided, however, such restriction shall not apply to\\ntobacco businesses, as defined in subdivision eight of section thirteen\\nhundred ninety-nine-aa of this article, and to places to which admission\\nis restricted to persons twenty-one years of age or older.\\n * NB Effective November 13, 2019\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "1399-DD", "title" : "Sale of tobacco products, herbal cigarettes or electronic cigarettes in vending machines", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2019-07-19", "2019-11-15" ], "docLevelId" : "1399-DD", "activeDate" : "2019-07-19", "sequenceNo" : 563, "repealedDate" : null, "fromSection" : "1399-DD", "toSection" : "1399-DD", "text" : " § 1399-dd. Sale of tobacco products, herbal cigarettes or electronic\\ncigarettes in vending machines. No person, firm, partnership, company or\\ncorporation shall operate a vending machine which dispenses tobacco\\nproducts, herbal cigarettes or electronic cigarettes unless such machine\\nis located: (a) in a bar as defined in subdivision one of section\\nthirteen hundred ninety-nine-n of this chapter, or the bar area of a\\nfood service establishment with a valid, on-premises full liquor\\nlicense; (b) in a private club; (c) in a tobacco business as defined in\\nsubdivision eight of section thirteen hundred ninety-nine-aa of this\\narticle; or * (d) in a place of employment which has an insignificant\\nportion of its regular workforce comprised of people under the age of\\neighteen years and only in such locations that are not accessible to the\\ngeneral public; provided, however, that in such locations the vending\\nmachine is located in plain view and under the direct supervision and\\ncontrol of the person in charge of the location or his or her designated\\nagent or employee.\\n * NB Effective until November 13, 2019\\n * (d) in a place of employment which has an insignificant portion of\\nits regular workforce comprised of people under the age of twenty-one\\nyears and only in such locations that are not accessible to the general\\npublic; provided, however, that in such locations the vending machine is\\nlocated in plain view and under the direct supervision and control of\\nthe person in charge of the location or his or her designated agent or\\nemployee.\\n * NB Effective November 13, 2019\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "1399-EE", "title" : "Hearings; penalties", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2020-04-17", "2020-07-03" ], "docLevelId" : "1399-EE", "activeDate" : "2014-09-22", "sequenceNo" : 564, "repealedDate" : null, "fromSection" : "1399-EE", "toSection" : "1399-EE", "text" : " § 1399-ee. Hearings; penalties. 1. Hearings with respect to violation\\nof this article shall be conducted in the same manner as hearings\\nconducted under article thirteen-E of this chapter.\\n 2. If the enforcement officer determines after a hearing that a\\nviolation of this article has occurred, he or she shall impose a civil\\npenalty of a minimum of three hundred dollars, but not to exceed one\\nthousand dollars for a first violation, and a minimum of five hundred\\ndollars, but not to exceed one thousand five hundred dollars for each\\nsubsequent violation, unless a different penalty is otherwise provided\\nin this article. The enforcement officer shall advise the retail dealer\\nthat upon the accumulation of three or more points pursuant to this\\nsection the department of taxation and finance shall suspend the\\ndealer's registration. If the enforcement officer determines after a\\nhearing that a retail dealer was selling tobacco products while their\\nregistration was suspended or permanently revoked pursuant to\\nsubdivision three or four of this section, he or she shall impose a\\ncivil penalty of twenty-five hundred dollars.\\n 3. (a) Imposition of points. If the enforcement officer determines,\\nafter a hearing, that the retail dealer violated subdivision one of\\nsection thirteen hundred ninety-nine-cc of this article with respect to\\na prohibited sale to a minor, he or she shall, in addition to imposing\\nany other penalty required or permitted pursuant to this section, assign\\ntwo points to the retail dealer's record where the individual who\\ncommitted the violation did not hold a certificate of completion from a\\nstate certified tobacco sales training program and one point where the\\nretail dealer demonstrates that the person who committed the violation\\nheld a certificate of completion from a state certified tobacco sales\\ntraining program.\\n (b) Revocation. If the enforcement officer determines, after a\\nhearing, that a retail dealer has violated this article four times\\nwithin a three year time frame he or she shall, in addition to imposing\\nany other penalty required or permitted by this section, direct the\\ncommissioner of taxation and finance to revoke the dealer's registration\\nfor one year.\\n (c) Duration of points. Points assigned to a retail dealer's record\\nshall be assessed for a period of thirty-six months beginning on the\\nfirst day of the month following the assignment of points.\\n (d) Reinspection. Any retail dealer who is assigned points pursuant to\\nparagraph (a) of this subdivision shall be reinspected at least two\\ntimes a year by the enforcement officer until points assessed are\\nremoved from the retail dealer's record.\\n (e) Suspension. If the department determines that a retail dealer has\\naccumulated three points or more, the department shall direct the\\ncommissioner of taxation and finance to suspend such dealer's\\nregistration for six months. The three points serving as the basis for a\\nsuspension shall be erased upon the completion of the six month penalty.\\n (f) Surcharge. A fifty dollar surcharge to be assessed for every\\nviolation will be made available to enforcement officers and shall be\\nused solely for compliance checks to be conducted to determine\\ncompliance with this section.\\n 4. (a) If the enforcement officer determines, after a hearing, that a\\nretail dealer has violated this article while their registration was\\nsuspended pursuant to subdivision three of this section, he or she\\nshall, in addition to imposing any other penalty required or permitted\\nby this section, direct the commissioner of taxation and finance to\\npermanently revoke the dealer's registration and not permit the dealer\\nto obtain a new registration.\\n (b) If the enforcement officer determines, after a hearing, that a\\nvending machine operator has violated this article three times within a\\ntwo year period, or four or more times cumulatively he or she shall, in\\naddition to imposing any other penalty required or permitted by this\\nsection, direct the commissioner of taxation and finance to suspend the\\nvendor's registration for one year and not permit the vendor to obtain a\\nnew registration for such period.\\n 5. The department shall publish a notification of the name and address\\nof any retailer violating the provisions of this section and indicate\\nthe number of times the dealer has violated the provisions of this\\nsection. The notification shall be published in a newspaper of general\\ncirculation in the locality in which the retailer is located.\\n 6. (a) In any proceeding pursuant to subdivision three of this section\\nto assign points to a retail dealer's record, the retail dealer shall be\\nassigned one point instead of two points where the retail dealer\\ndemonstrates that the person who committed the violation of section\\nthirteen hundred ninety-nine-cc of this article held a valid certificate\\nof completion from a state certified tobacco sales training program.\\n (b) A state certified tobacco sales training program shall include\\ninstruction in the following elements:\\n (1) the health effects of tobacco use, especially at a young age;\\n (2) the legal purchase age and the additional requirements of section\\nthirteen hundred ninety-nine-cc of this article;\\n (3) legal forms of identification and the key features thereof;\\n (4) reliance upon legal forms of identification and the right to\\nrefuse sales when acting in good faith;\\n (5) means of identifying fraudulent identification of attempted\\nunderage purchasers;\\n (6) techniques used to refuse a sale;\\n (7) the penalties arising out of unlawful sales to underage\\nindividuals; and\\n (8) the significant disciplinary action or loss of employment that may\\nbe imposed by the retail dealer for a violation of the law or a\\ndeviation from the policies of the retail dealer in respect to\\ncompliance with such law.\\n (c) A tobacco sales training program may be given and administered by\\na retail dealer duly registered under section four hundred eighty-a of\\nthe tax law which operates five or more registered locations, by a trade\\nassociation whose members are registered as retail dealers, by national\\nand regional franchisors who have granted at least five franchises in\\nthe state to persons who are registered as such retail dealers by a\\ncooperative corporation with five or more members who are registered as\\nretail dealers and are operating in this state, and by a wholesaler\\nsupplying fifty or more retail dealers. A person or entity administering\\nsuch training program shall issue certificates of completion to persons\\nsuccessfully completing such a training program. Such certificates shall\\nbe prima facie evidence of the completion of such a training program by\\nthe person named therein.\\n (d) A certificate of completion may be issued for a period of three\\nyears, however such certificate shall be invalidated by a change in\\nemployment.\\n (e) Entities authorized pursuant to paragraph (c) of this subdivision\\nto give and administer a tobacco sales training program may submit a\\nproposed curriculum, a facsimile of any training aids and materials, and\\na list of training locations to the department for review. Training aids\\nmay include the use of video, computer based instruction, printed\\nmaterials and other formats deemed acceptable to the department. The\\ndepartment shall certify programs which provide instruction in the\\nelements set forth in paragraph (b) of this subdivision in a clear and\\nmeaningful fashion. Programs approved by the department shall be\\ncertified for a period of three years at which time an entity may\\nreapply for certification. A non-refundable fee in the amount of three\\nhundred dollars shall be paid to the department with each application.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "1399-FF", "title" : "Enforcement", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2019-07-19", "2019-11-15" ], "docLevelId" : "1399-FF", "activeDate" : "2019-07-19", "sequenceNo" : 565, "repealedDate" : null, "fromSection" : "1399-FF", "toSection" : "1399-FF", "text" : " § 1399-ff. Enforcement. * 1. Where a civil penalty for a particular\\nincident has not been imposed or an enforcement action regarding an\\nalleged violation for a particular incident is not pending under section\\nthirteen hundred ninety-nine-ee of this article, a parent or guardian of\\na minor to whom tobacco products, herbal cigarettes or electronic\\ncigarettes are sold or distributed in violation of this article may\\nsubmit a complaint to an enforcement officer setting forth the name and\\naddress of the alleged violator, the date of the alleged violation, the\\nname and address of the complainant and the minor, and a brief statement\\ndescribing the alleged violation. The enforcement officer shall notify\\nthe alleged violator by certified or registered mail, return receipt\\nrequested, that a complaint has been submitted, and shall set a date, at\\nleast fifteen days after the mailing of such notice, for a hearing on\\nthe complaint. Such notice shall contain the information submitted by\\nthe complainant.\\n * NB Effective until November 13, 2019\\n * 1. Where a civil penalty for a particular incident has not been\\nimposed or an enforcement action regarding an alleged violation for a\\nparticular incident is not pending under section thirteen hundred\\nninety-nine-ee of this article, a parent or guardian of a person under\\ntwenty-one years of age to whom tobacco products, herbal cigarettes or\\nelectronic cigarettes are sold or distributed in violation of this\\narticle may submit a complaint to an enforcement officer setting forth\\nthe name and address of the alleged violator, the date of the alleged\\nviolation, the name and address of the complainant and the person under\\ntwenty-one years of age, and a brief statement describing the alleged\\nviolation. The enforcement officer shall notify the alleged violator by\\ncertified or registered mail, return receipt requested, that a complaint\\nhas been submitted, and shall set a date, at least fifteen days after\\nthe mailing of such notice, for a hearing on the complaint. Such notice\\nshall contain the information submitted by the complainant.\\n * NB Effective November 13, 2019\\n 2. With respect to any penalty imposed with respect to a complaint\\nunder this section, an enforcement officer other than the department\\nshall use fifty percent of such penalty collected for educational\\nefforts administered by the board or a local school district for the\\npurposes of preventing adolescent tobacco use.\\n 3. The enforcement officer shall promptly notify the commissioner of\\ntaxation and finance and the director of the division of the lottery of\\nany determination, made after a hearing, that a violation of this\\narticle has occurred together with a direction to such commissioner and\\ndirector with respect to any action to be taken concerning registration\\nunder section four hundred eighty-a of the tax law and licensing under\\nsection sixteen hundred seven of the tax law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "1399-GG", "title" : "Out-of-package sales and minimum package sizes", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1399-GG", "activeDate" : "2014-09-22", "sequenceNo" : 566, "repealedDate" : null, "fromSection" : "1399-GG", "toSection" : "1399-GG", "text" : " § 1399-gg. Out-of-package sales and minimum package sizes. 1. All\\ntobacco cigarettes sold or offered for sale by a retail dealer shall be\\nsold or offered for sale in the package, box, carton or other container\\nprovided by the manufacturer, importer, or packager which bears all\\nhealth warnings required by applicable law.\\n 2. No person engaged in the business of manufacturing, selling or\\notherwise distributing tobacco products, herbal cigarettes, cigarette\\nwrapping papers, wrapping leaves or tubes, or any agent or employee of\\nsuch person, shall manufacture or cause to be manufactured for sale in\\nthis state, or sell or distribute in this state: (a) any package or\\nother container of cigarettes containing fewer than twenty cigarettes;\\n(b) any package of roll-your-own tobacco containing less than six-tenths\\nof an ounce of tobacco; or (c) any package or other container of\\ncigarette wrapping papers, wrapping leaves or tubes, that are or are\\nheld out to be suitable for use or used as devices to wrap tobacco for\\nsmoking, containing fewer than twenty sheets, leaves or tubes.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "1399-HH", "title" : "Tobacco enforcement", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2020-04-17", "2020-07-03" ], "docLevelId" : "1399-HH", "activeDate" : "2014-09-22", "sequenceNo" : 567, "repealedDate" : null, "fromSection" : "1399-HH", "toSection" : "1399-HH", "text" : " § 1399-hh. Tobacco enforcement. The commissioner shall develop, plan\\nand implement a comprehensive program to reduce the prevalence of\\ntobacco use, particularly among persons less than eighteen years of age.\\nThis program shall include, but not be limited to, support for\\nenforcement of article thirteen-F of this chapter.\\n 1. An enforcement officer, as defined in section thirteen hundred\\nninety-nine-t of this chapter, may annually, on such dates as shall be\\nfixed by the commissioner, submit an application for such monies as are\\nmade available for such purpose. Such application shall be in such form\\nas prescribed by the commissioner and shall include, but not be limited\\nto, plans regarding random spot checks, including the number and types\\nof compliance checks that will be conducted, and other activities to\\ndetermine compliance with this article. Each such plan shall include an\\nagreement to report to the commissioner: the names and addresses of\\ntobacco retailers and vendors determined to be unlicensed, if any; the\\nnumber of complaints filed against licensed tobacco retail outlets; and\\nthe names of tobacco retailers and vendors who have paid fines, or have\\nbeen otherwise penalized, due to enforcement actions.\\n 2. The commissioner shall distribute such monies as are made\\navailable for such purpose to enforcement officers and, in so doing,\\nconsider the number of retail locations registered to sell tobacco\\nproducts within the jurisdiction of the enforcement officer and the\\nlevel of proposed activities.\\n 3. Monies made available to enforcement officers pursuant to this\\nsection shall only be used for local tobacco enforcement activities\\napproved by the commissioner.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "1399-II", "title" : "Tobacco use prevention and control program", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2019-09-20", "2020-04-17", "2020-07-03" ], "docLevelId" : "1399-II", "activeDate" : "2019-09-20", "sequenceNo" : 568, "repealedDate" : null, "fromSection" : "1399-II", "toSection" : "1399-II", "text" : " § 1399-ii. Tobacco use prevention and control program. 1. To improve\\nthe health, quality of life, and economic well-being of all New York\\nstate citizens, there is hereby established within the department a\\ncomprehensive statewide tobacco use prevention and control program.\\n 2. The department shall support tobacco use prevention and control\\nactivities including, but not limited to:\\n (a) Community programs to prevent and reduce tobacco use through local\\ninvolvement and partnerships;\\n (b) School-based programs to prevent and reduce tobacco use and use of\\nelectronic cigarettes;\\n (c) Marketing and advertising to discourage tobacco and liquid\\nnicotine use;\\n (d) Tobacco cessation programs for youth and adults;\\n (e) Special projects to reduce the disparities in smoking prevalence\\namong various populations;\\n (f) Restriction of youth access to tobacco products, electronic\\ncigarettes and liquid nicotine;\\n (g) Surveillance of smoking rates; and\\n (h) Any other activities determined by the commissioner to be\\nnecessary to implement the provisions of this section.\\n Such programs shall be selected by the commissioner through an\\napplication process which takes into account whether a program utilizes\\nmethods recognized as effective in reducing smoking and tobacco use.\\nEligible applicants may include, but not be limited to, a health care\\nprovider, schools, a college or university, a local public health\\ndepartment, a public health organization, a health care provider\\norganization, association or society, municipal corporation, or a\\nprofessional education organization.\\n 3. (a) There shall be established a tobacco use prevention and control\\nadvisory board to advise the commissioner on tobacco use prevention and\\ncontrol issues and electronic cigarette and liquid nicotine use amongst\\nminors, including methods to prevent and reduce tobacco use in the\\nstate.\\n (b) The board shall consist of seventeen members who shall be\\nappointed as follows: nine members by the governor; three members by the\\nspeaker of the assembly; three members by the temporary president of the\\nsenate and one member each by the minority leader of the senate and\\nminority leader of the assembly. Any vacancy or subsequent appointment\\nshall be filled in the same manner and by the same appointing authority\\nas the original appointment. The chairperson of the board shall be\\ndesignated by the governor from among the members of the board.\\n (c) The members shall serve for terms of two years commencing on the\\neffective date of this section. Members of the board shall receive no\\ncompensation but shall be reimbursed for reasonable travel and other\\nexpenses incurred in the performance of their duties hereunder.\\n (d) The board shall meet as often as it deems necessary, but no less\\nthan four times a year. No nominee to the board shall have any past or\\ncurrent affiliation with the tobacco industry or any industry,\\ncontractor, agent, or organization that engages in the manufacturing,\\nmarketing, distributing, or sale of tobacco products. The board shall be\\nappointed in full within ninety days of the effective date of this\\nsection.\\n (e) The department shall prepare and submit to the board a spending\\nplan for the tobacco use prevention and control program authorized\\npursuant to the provisions of subdivision one of this section no later\\nthan thirty days after the submission of the budget to the legislature.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "1399-JJ", "title" : "Evaluation requirements", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2020-04-17", "2020-07-03" ], "docLevelId" : "1399-JJ", "activeDate" : "2014-09-22", "sequenceNo" : 569, "repealedDate" : null, "fromSection" : "1399-JJ", "toSection" : "1399-JJ", "text" : " § 1399-jj. Evaluation requirements. 1. The commissioner shall evaluate\\nthe effectiveness of the efforts by state and local governments to\\nreduce the use of tobacco products among minors and adults. The\\nprincipal measurements of effectiveness shall include negative attitudes\\ntoward tobacco use and reduction of tobacco use among the general\\npopulation, and given target populations.\\n 2. The commissioner shall ensure that, to the extent practicable, the\\nmost current research findings regarding mechanisms to reduce and change\\nattitudes toward tobacco use are used in tobacco education programs\\nadministered by the department.\\n 3. To diminish tobacco use among minors and adults, the commissioner\\nshall ensure that, to the extent practicable, the following is achieved:\\n The department shall conduct an independent evaluation of the\\nstatewide tobacco use prevention and control program under section\\nthirteen hundred ninety-nine-ii of this article. The purpose of this\\nevaluation is to direct the most efficient allocation of state resources\\ndevoted to tobacco education and cessation to accomplish the maximum\\nprevention and reduction of tobacco use among minors and adults. Such\\nevaluation shall be provided to the governor, the majority leader of the\\nsenate and the speaker of the assembly on or before September first, two\\nthousand one, and annually on or before such date thereafter. The\\ncomprehensive evaluation design shall be guided by the following:\\n (a) sound evaluation principles including, to the extent feasible,\\nelements of controlled experimental methods;\\n (b) an evaluation of the comparative effectiveness of individual\\nprogram designs which shall be used in funding decisions and program\\nmodifications; and\\n (c) an evaluation of other programs identified by state agencies,\\nlocal lead agencies, and federal agencies.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "1399-KK", "title" : "Annual tobacco enforcement reporting", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2020-04-17", "2020-07-03" ], "docLevelId" : "1399-KK", "activeDate" : "2014-09-22", "sequenceNo" : 570, "repealedDate" : null, "fromSection" : "1399-KK", "toSection" : "1399-KK", "text" : " § 1399-kk. Annual tobacco enforcement reporting. The commissioner\\nshall submit to the governor and the legislature an interim tobacco\\ncontrol report and annual tobacco control reports which shall describe\\nthe extent of the use of tobacco products by minors in the state and\\ndocument the progress state and local governments have made in reducing\\nsuch use among minors.\\n 1. The interim tobacco control report. The commissioner shall submit\\nto the governor and the legislature an interim tobacco control report on\\nor before September first, nineteen hundred ninety-eight. Such interim\\nreport shall, to the extent practicable, include the following\\ninformation on a county by county basis:\\n (a) number of licensed and registered tobacco retailers and vendors;\\n (b) the names and addresses of retailers and vendors who have paid\\nfines, or have been otherwise penalized, due to enforcement actions;\\n (c) the number of complaints filed against licensed and registered\\ntobacco retailers;\\n (d) the number of fires caused or believed to be caused by tobacco\\nproducts and deaths and injuries resulting therefrom;\\n (e) the number and type of compliance checks conducted; and\\n (f) such other information as the commissioner deems appropriate.\\n 2. The commissioner shall submit to the governor and the legislature\\nan annual tobacco control report which shall describe the extent of the\\nuse of tobacco products by minors in the state and document the progress\\nstate and local governments have made in reducing such use among minors.\\nThe annual report shall be submitted to the governor and the legislature\\non or before March thirty-first of each year beginning on March\\nthirty-first, nineteen hundred ninety-nine. The annual report shall, to\\nthe extent practicable, include the following information on a county by\\ncounty basis:\\n (a) number of licensed and registered tobacco retailers and vendors;\\n (b) the names and addresses of retailers and vendors who have paid\\nfines, or have been otherwise penalized, due to enforcement actions;\\n (c) the number of complaints filed against licensed and registered\\ntobacco retailers;\\n (d) the number of fires caused or believed to be caused by tobacco\\nproducts and deaths and injuries resulting therefrom;\\n (e) the number and type of compliance checks conducted;\\n (f) a survey of attitudes and behaviors regarding tobacco use among\\nminors. The initial such survey shall be deemed to constitute the\\nbaseline survey;\\n (g) the number of tobacco users and estimated trends in tobacco use\\namong minors;\\n (h) annual tobacco sales;\\n (i) tax revenue collected from the sale of tobacco products;\\n (j) the number of licensed tobacco retail outlets;\\n (k) the number of cigarette vending machines;\\n (l) the number and type of compliance checks;\\n (m) the names of entities that have paid fines due to enforcement\\nactions; and\\n (n) the number of complaints filed against licensed tobacco retail\\noutlets.\\n The annual tobacco control report shall, to the extent practicable,\\ninclude the following information: (a) tobacco control efforts sponsored\\nby state government agencies including money spent to educate minors on\\nthe hazards of tobacco use;\\n (b) recommendations for improving tobacco control efforts in the\\nstate; and\\n (c) such other information as the commissioner deems appropriate.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "1399-LL", "title" : "Unlawful shipment or transport of cigarettes", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2020-04-17", "2020-07-03" ], "docLevelId" : "1399-LL", "activeDate" : "2014-09-22", "sequenceNo" : 571, "repealedDate" : null, "fromSection" : "1399-LL", "toSection" : "1399-LL", "text" : " * § 1399-ll. Unlawful shipment or transport of cigarettes. 1. It\\nshall be unlawful for any person engaged in the business of selling\\ncigarettes to ship or cause to be shipped any cigarettes to any person\\nin this state who is not: (a) a person licensed as a cigarette tax agent\\nor wholesale dealer under article twenty of the tax law or registered\\nretail dealer under section four hundred eighty-a of the tax law; (b) an\\nexport warehouse proprietor pursuant to chapter 52 of the internal\\nrevenue code or an operator of a customs bonded warehouse pursuant to\\nsection 1311 or 1555 of title 19 of the United States Code; or (c) a\\nperson who is an officer, employee or agent of the United States\\ngovernment, this state or a department, agency, instrumentality or\\npolitical subdivision of the United States or this state and presents\\nhimself or herself as such, when such person is acting in accordance\\nwith his or her official duties. For purposes of this subdivision, a\\nperson is a licensed or registered agent or dealer described in\\nparagraph (a) of this subdivision if his or her name appears on a list\\nof licensed or registered agents or dealers published by the department\\nof taxation and finance, or if such person is licensed or registered as\\nan agent or dealer under article twenty of the tax law.\\n 2. It shall be unlawful for any common or contract carrier to\\nknowingly transport cigarettes to any person in this state reasonably\\nbelieved by such carrier to be other than a person described in\\nparagraph (a), (b) or (c) of subdivision one of this section. For\\npurposes of the preceding sentence, if cigarettes are transported to a\\nhome or residence, it shall be presumed that the common or contract\\ncarrier knew that such person was not a person described in paragraph\\n(a), (b) or (c) of subdivision one of this section. It shall be unlawful\\nfor any other person to knowingly transport cigarettes to any person in\\nthis state, other than to a person described in paragraph (a), (b) or\\n(c) of subdivision one of this section. Nothing in this subdivision\\nshall be construed to prohibit a person other than a common or contract\\ncarrier from transporting not more than eight hundred cigarettes at any\\none time to any person in this state.\\n 3. When a person engaged in the business of selling cigarettes ships\\nor causes to be shipped any cigarettes to any person in this state,\\nother than in the cigarette manufacturer's original container or\\nwrapping, the container or wrapping must be plainly and visibly marked\\nwith the word \"cigarettes\".\\n 4. Whenever a police officer designated in section 1.20 of the\\ncriminal procedure law or a peace officer designated in subdivision four\\nof section 2.10 of such law, acting pursuant to his or her special\\nduties, shall discover any cigarettes which have been or which are being\\nshipped or transported in violation of this section, such person is\\nhereby empowered and authorized to seize and take possession of such\\ncigarettes, and such cigarettes shall be subject to a forfeiture action\\npursuant to the procedures provided for in article thirteen-A of the\\ncivil practice law and rules, as if such article specifically provided\\nfor forfeiture of cigarettes seized pursuant to this section as a\\npre-conviction forfeiture crime.\\n 5. Any person who violates the provisions of subdivision one or two of\\nthis section shall be guilty of a class A misdemeanor and for a second\\nor subsequent violation shall be guilty of a class E felony. In addition\\nto the criminal penalty, any person who violates the provisions of\\nsubdivision one, two or three of this section shall be subject to a\\ncivil penalty not to exceed the greater of (a) five thousand dollars for\\neach such violation; or (b) one hundred dollars for each pack of\\ncigarettes shipped, caused to be shipped or transported in violation of\\nsuch subdivision.\\n 6. The attorney general may bring an action to recover the civil\\npenalties provided by subdivision five of this section and for such\\nother relief as may be deemed necessary. In addition, the corporation\\ncounsel of any political subdivision that imposes a tax on cigarettes\\nmay bring an action to recover the civil penalties provided by\\nsubdivision five of this section and for such other relief as may be\\ndeemed necessary with respect to any cigarettes shipped, caused to be\\nshipped or transported in violation of this section to any person\\nlocated within such political subdivision. All civil penalties obtained\\nin any such action shall be retained by the state or political\\nsubdivision bringing such action, provided that no person shall be\\nrequired to pay civil penalties to both the state and a political\\nsubdivision with respect to the same violation of this section.\\n * NB There are 2 § 1399-ll's\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "1399-LL*2", "title" : "Sale of bidis prohibited", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2019-07-19", "2019-11-15" ], "docLevelId" : "1399-LL*2", "activeDate" : "2019-07-19", "sequenceNo" : 572, "repealedDate" : null, "fromSection" : "1399-LL*2", "toSection" : "1399-LL*2", "text" : " * § 1399-ll. Sale of bidis prohibited. 1. No person shall knowingly\\nsell or provide bidis to any other person. Notwithstanding that bidis is\\na tobacco product, no other provision of law authorizing the sale of\\ntobacco products, other than subdivision two of this section, shall\\nauthorize the sale of bidis. Any person who violates the provisions of\\nthis subdivision shall be subject to a civil fine of not more than five\\nhundred dollars.\\n 2. (a) The provisions of subdivision one of this section shall not\\napply to a tobacco business, as defined in subdivision eight of section\\nthirteen hundred ninety-nine-aa of this article.\\n * (b) Any person operating a tobacco business wherein bidis is sold or\\noffered for sale is prohibited from selling such bidis to individuals\\nunder eighteen years of age, and shall post in a conspicuous place a\\nsign upon which there shall be imprinted the following statement, \"SALE\\nOF BIDIS TO PERSONS UNDER EIGHTEEN YEARS OF AGE IS PROHIBITED BY LAW.\"\\nSuch sign shall be printed on a white card in red letters at least\\none-half inch in height.\\n * NB Effective until November 13, 2019\\n * (b) Any person operating a tobacco business wherein bidis is sold or\\noffered for sale is prohibited from selling such bidis to individuals\\nunder twenty-one years of age, and shall post in a conspicuous place a\\nsign upon which there shall be imprinted the following statement, \"SALE\\nOF BIDIS TO PERSONS UNDER TWENTY-ONE YEARS OF AGE IS PROHIBITED BY LAW.\"\\nSuch sign shall be printed on a white card in red letters at least\\none-half inch in height.\\n * NB Effective November 13, 2019\\n * (c) Sales of bidis by a tobacco business shall be made only to an\\nindividual who demonstrates, through a driver's license or other\\nphotographic identification card issued by a government entity or\\neducational institution indicating that the individual is at least\\neighteen years of age. Such identification need not be required of any\\nindividual who reasonably appears to be at least twenty-five years of\\nage, provided, however, that such appearance shall not constitute a\\ndefense in any proceeding alleging the sale of a tobacco product to an\\nindividual under eighteen years of age.\\n * NB Effective until November 13, 2019\\n * (c) Sales of bidis by a tobacco business shall be made only to an\\nindividual who demonstrates, through a driver's license or other\\nphotographic identification card issued by a government entity or\\neducational institution indicating that the individual is at least\\ntwenty-one years of age. Such identification need not be required of any\\nindividual who reasonably appears to be at least twenty-five years of\\nage, provided, however, that such appearance shall not constitute a\\ndefense in any proceeding alleging the sale of a tobacco product to an\\nindividual under twenty-one years of age.\\n * NB Effective November 13, 2019\\n (d)(i) Any person operating a tobacco business wherein bidis is sold\\nor offered for sale may perform a transaction scan as a precondition for\\nsuch purchases.\\n (ii) In any instance where the information deciphered by the\\ntransaction scan fails to match the information printed on the driver's\\nlicense or non-driver identification card, or if the transaction scan\\nindicates that the information is false or fraudulent, the attempted\\ntransaction shall be denied.\\n (iii) In any proceeding pursuant to section thirteen hundred\\nninety-nine-ee of this article, it shall be an affirmative defense that\\nsuch person had produced a driver's license or non-driver identification\\ncard apparently issued by a governmental entity, successfully completed\\nthat transaction scan, and that the bidis had been sold, delivered or\\ngiven to such person in reasonable reliance upon such identification and\\ntransaction scan. In evaluating the applicability of such affirmative\\ndefense the commissioner shall take into consideration any written\\npolicy adopted and implemented by the seller to effectuate the\\nprovisions of this chapter. Use of a transaction scan shall not excuse\\nany person operating a tobacco business wherein bidis is sold, or the\\nagent or employee of such person, from the exercise of reasonable\\ndiligence otherwise required by this chapter. Notwithstanding the above\\nprovisions, any such affirmative defense shall not be applicable in any\\ncivil or criminal proceeding, or in any other forum.\\n (e) A tobacco business or agent or employee of such business shall\\nonly use a device capable of deciphering any electronically readable\\nformat, and shall only use the information recorded and maintained\\nthrough the use of such devices, for the purposes contained in paragraph\\n(d) of this subdivision. No tobacco business or agent or employee of\\nsuch business shall resell or disseminate the information recorded\\nduring such a scan to any third person. Such prohibited resale or\\ndissemination includes but is not limited to any advertising, marketing\\nor promotional activities. Notwithstanding the restrictions imposed by\\nthis paragraph, such records may be released pursuant to a court ordered\\nsubpoena or pursuant to any other statute that specifically authorizes\\nthe release of such information. Each violation of this paragraph shall\\nbe punishable by a civil penalty of not more than one thousand dollars.\\n (f) A tobacco business or agent or employee of such business may\\nelectronically or mechanically record and maintain only the information\\nfrom a transaction scan necessary to effectuate this section. Such\\ninformation shall be limited to the following: (i) name, (ii) date of\\nbirth, (iii) driver's license or non-driver identification number, and\\n(iv) expiration date.\\n (g) As used in this subdivision, \"a device capable of deciphering any\\nelectronically readable format\", \"card holder\" and \"transaction scan\"\\nshall have the same meanings as are ascribed to such terms by section\\nthirteen hundred ninety-nine-cc of this article.\\n * NB There are 2 § 1399-ll's\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "1399-MM", "title" : "Sale of gutka prohibited", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2019-07-19", "2019-11-15" ], "docLevelId" : "1399-MM", "activeDate" : "2019-07-19", "sequenceNo" : 573, "repealedDate" : null, "fromSection" : "1399-MM", "toSection" : "1399-MM", "text" : " § 1399-mm. Sale of gutka prohibited. * 1. No person shall knowingly\\nsell or provide gutka to any other person under eighteen years of age.\\nNo other provision of law authorizing the sale of tobacco products,\\nother than subdivision two of this section, shall authorize the sale of\\ngutka. Any person who violates the provisions of this subdivision shall\\nbe subject to a civil penalty of not more than five hundred dollars.\\n * NB Effective until November 13, 2019\\n * 1. No person shall knowingly sell or provide gutka to any other\\nperson under twenty-one years of age. No other provision of law\\nauthorizing the sale of tobacco products, other than subdivision two of\\nthis section, shall authorize the sale of gutka. Any person who violates\\nthe provisions of this subdivision shall be subject to a civil penalty\\nof not more than five hundred dollars.\\n * NB Effective November 13, 2019\\n 2. (a) The provisions of subdivision one of this section shall not\\napply to a tobacco business, as defined in section thirteen hundred\\nninety-nine-n of this chapter.\\n * (b) Any person operating a tobacco business wherein gutka is sold or\\noffered for sale is prohibited from selling such gutka to individuals\\nunder eighteen years of age, and shall post in a conspicuous place a\\nsign upon which there shall be imprinted the following statement, \"SALE\\nOF GUTKA TO PERSONS UNDER EIGHTEEN YEARS OF AGE IS PROHIBITED BY LAW.\"\\nSuch sign shall be printed on a white card in red letters at least\\none-half inch in height.\\n * NB Effective until November 13, 2019\\n * (b) Any person operating a tobacco business wherein gutka is sold or\\noffered for sale is prohibited from selling such gutka to individuals\\nunder twenty-one years of age, and shall post in a conspicuous place a\\nsign upon which there shall be imprinted the following statement, \"SALE\\nOF GUTKA TO PERSONS UNDER TWENTY-ONE YEARS OF AGE IS PROHIBITED BY LAW.\"\\nSuch sign shall be printed on a white card in red letters at least\\none-half inch in height.\\n * NB Effective November 13, 2019\\n * (c) Sales of gutka by a tobacco business shall be made only to an\\nindividual who demonstrates, through a driver's license or other\\nphotographic identification card issued by a government entity or\\neducational institution indicating that the individual is at least\\neighteen years of age. Such identification need not be required of any\\nindividual who reasonably appears to be at least twenty-five years of\\nage, provided, however, that such appearance shall not constitute a\\ndefense in any proceeding alleging the sale of a tobacco product to an\\nindividual under eighteen years of age.\\n * NB Effective until November 13, 2019\\n * (c) Sales of gutka by a tobacco business shall be made only to an\\nindividual who demonstrates, through a driver's license or other\\nphotographic identification card issued by a government entity or\\neducational institution indicating that the individual is at least\\ntwenty-one years of age. Such identification need not be required of any\\nindividual who reasonably appears to be at least twenty-five years of\\nage, provided, however, that such appearance shall not constitute a\\ndefense in any proceeding alleging the sale of a tobacco product to an\\nindividual under twenty-one years of age.\\n * NB Effective November 13, 2019\\n (d) (i) Any person operating a tobacco business wherein gutka is sold\\nor offered for sale may perform a transaction scan as a precondition for\\nsuch purchases.\\n (ii) In any instance where the information deciphered by the\\ntransaction scan fails to match the information printed on the driver's\\nlicense or non-driver identification card, or if the transaction scan\\nindicates that the information is false or fraudulent, the attempted\\ntransaction shall be denied.\\n (iii) In any proceeding pursuant to section thirteen hundred\\nninety-nine-ee of this article, it shall be an affirmative defense that\\nsuch person had produced a driver's license or non-driver identification\\ncard apparently issued by a governmental entity, successfully completed\\nthat transaction scan, and that the gutka had been sold, delivered or\\ngiven to such person in reasonable reliance upon such identification and\\ntransaction scan. In evaluating the applicability of such affirmative\\ndefense the commissioner shall take into consideration any written\\npolicy adopted and implemented by the seller to effectuate the\\nprovisions of this chapter. Use of a transaction scan shall not excuse\\nany person operating a tobacco business wherein gutka is sold, or the\\nagent or employee of such person, from the exercise of reasonable\\ndiligence otherwise required by this chapter. Notwithstanding the above\\nprovisions, any such affirmative defense shall not be applicable in any\\ncivil or criminal proceeding, or in any other forum.\\n (e) A tobacco business or agent or employee of such business shall\\nonly use a device capable of deciphering any electronically readable\\nformat, and shall only use the information recorded and maintained\\nthrough the use of such devices, for the purposes contained in paragraph\\n(d) of this subdivision. No tobacco business or agent or employee of\\nsuch business shall resell or disseminate the information recorded\\nduring such a scan to any third person. Such prohibited resale or\\ndissemination includes but is not limited to any advertising, marketing\\nor promotional activities. Notwithstanding the restrictions imposed by\\nthis paragraph, such records may be released pursuant to a court ordered\\nsubpoena or pursuant to any other statute that specifically authorizes\\nthe release of such information. Each violation of this paragraph shall\\nbe punishable by a civil penalty of not more than one thousand dollars.\\n (f) A tobacco business or agent or employee of such business may\\nelectronically or mechanically record and maintain only the information\\nfrom a transaction scan necessary to effectuate this section. Such\\ninformation shall be limited to the following: (i) name, (ii) date of\\nbirth, (iii) driver's license or non-driver identification number, and\\n(iv) expiration date.\\n (g) As used in this subdivision, \"a device capable of deciphering any\\nelectronically readable format\", \"card holder\" and \"transaction scan\"\\nshall have the same meanings as are ascribed to such terms by section\\nthirteen hundred ninety-nine-cc of this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 14 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A13-G", "title" : "Tobacco Escrow Funds", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "13-G", "activeDate" : "2014-09-22", "sequenceNo" : 574, "repealedDate" : null, "fromSection" : "1399-NN", "toSection" : "1399-PP", "text" : " ARTICLE 13-G\\n TOBACCO ESCROW FUNDS\\nSection 1399-nn. Findings and purpose.\\n 1399-oo. Definitions.\\n 1399-pp. Requirements.\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "1399-NN", "title" : "Findings and purpose", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1399-NN", "activeDate" : "2014-09-22", "sequenceNo" : 575, "repealedDate" : null, "fromSection" : "1399-NN", "toSection" : "1399-NN", "text" : " § 1399-nn. Findings and purpose. 1. Cigarette smoking presents serious\\npublic health concerns to the state and to the citizens of the state.\\nThe Surgeon General has determined that smoking causes lung cancer,\\nheart disease and other serious diseases, and that there are hundreds of\\nthousands of tobacco-related deaths in the United States each year.\\nThese diseases most often do not appear until many years after the\\nperson in question begins smoking.\\n 2. Cigarette smoking also presents serious financial concerns for the\\nstate. Under certain health-care programs, the state may have a legal\\nobligation to provide medical assistance to eligible persons for health\\nconditions associated with cigarette smoking, and those persons may have\\na legal entitlement to receive such medical assistance.\\n 3. Under these programs, the state pays millions of dollars each year\\nto provide medical assistance for these persons for health conditions\\nassociated with cigarette smoking.\\n 4. It is the policy of the state that financial burdens imposed on the\\nstate by cigarette smoking be borne by tobacco product manufacturers\\nrather than by the state to the extent that such manufacturers either\\ndetermine to enter into a settlement with the state or are found\\nculpable by the courts.\\n 5. On November twenty-third, nineteen hundred ninety-eight, leading\\nUnited States tobacco product manufacturers entered into a settlement\\nagreement, entitled the \"Master Settlement Agreement,\" with the state.\\nThe master settlement agreement obligates these manufacturers, in return\\nfor a release of past, present and certain future claims against them as\\ndescribed therein, to pay substantial sums to the state (tied in part to\\ntheir volume of sales); to fund a national foundation devoted to the\\ninterests of public health; and to make substantial changes in their\\nadvertising and marketing practices and corporate culture, with the\\nintention of reducing underage smoking.\\n 6. It would be contrary to the policy of the state if tobacco product\\nmanufacturers who determine not to enter into such a settlement could\\nuse a resulting cost advantage to derive large, short-term profits in\\nthe years before liability may arise without ensuring that the state\\nwill have an eventual source of recovery from them if they are proven to\\nhave acted culpably. It is thus in the interest of the state to require\\nthat such manufacturers establish a reserve fund to guarantee a source\\nof compensation and to prevent such manufacturers from deriving large,\\nshort-term profits and then becoming judgment-proof before liability may\\narise.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "1399-OO", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1399-OO", "activeDate" : "2014-09-22", "sequenceNo" : 576, "repealedDate" : null, "fromSection" : "1399-OO", "toSection" : "1399-OO", "text" : " § 1399-oo. Definitions. As used in this article the following terms\\nshall mean:\\n 1. \"Adjusted for inflation\" means increased in accordance with the\\nformula for inflation adjustment set forth in exhibit C to the master\\nsettlement agreement.\\n 2. \"Affiliate\" means a person who directly or indirectly owns or\\ncontrols, is owned or controlled by, or is under common ownership or\\ncontrol with, another person. Solely for purposes of this definition,\\nthe term \"owns,\" \"is owned\" and \"ownership\" mean ownership of an equity\\ninterest, or the equivalent thereof, of ten percent or more, and the\\nterm \"person\" means an individual, partnership, committee, association,\\ncorporation or any other organization or group of persons.\\n 3. \"Allocable share\" means allocable share as that term is defined in\\nthe master settlement agreement.\\n 4. \"Cigarette\" means any product that contains nicotine, is intended\\nto be burned or heated under ordinary conditions of use, and consists of\\nor contains: (a) any roll of tobacco wrapped in any substance not\\ncontaining tobacco, or (b) tobacco, in any form, that is functional in\\nthe product, which, because of its appearance, the type of tobacco used\\nin the filler, or its packaging and labeling, is likely to be offered\\nto, or purchased by, consumers as a cigarette; or (c) any roll of\\ntobacco wrapped in any substance containing tobacco which, because of\\nits appearance, the type of tobacco used in the filler, or its packaging\\nand labeling, is likely to be offered to, or purchased by, consumers as\\na cigarette described in paragraph (a) of this definition. The term\\n\"cigarette\" includes \"roll-your-own\" (i.e., any tobacco which, because\\nof its appearance, type, packaging or labeling is suitable for use and\\nlikely to be offered to, or purchased by, consumers as tobacco for\\nmaking cigarettes). For purposes of this definition of \"cigarette,\" 0.09\\nounces of \"roll-your-own\" tobacco shall constitute one individual\\n\"cigarette.\"\\n 5. \"Master settlement agreement\" means the settlement agreement (and\\nrelated documents) entered into on November twenty-third, nineteen\\nhundred ninety-eight by the state and leading United States tobacco\\nproduct manufacturers. A copy of said agreement, including any\\namendments thereto, shall be kept on file by the attorney general, who\\nshall make it available for inspection and copying pursuant to the\\nprovisions of article six of the public officers law.\\n 6. \"Qualified escrow fund\" means an escrow arrangement with a\\nfederally or state chartered financial institution having no affiliation\\nwith any tobacco product manufacturer and having assets of at least one\\nbillion dollars where such arrangement requires that such financial\\ninstitution hold the escrowed funds' principal for the benefit of\\nreleasing parties and prohibits the tobacco product manufacturer placing\\nthe funds into escrow from using, accessing or directing the use of the\\nfunds' principal except as consistent with paragraph (b) of subdivision\\ntwo of section thirteen hundred ninety-nine-pp of this article.\\n 7. \"Released claims\" means released claims as that term is defined in\\nthe master settlement agreement.\\n 8. \"Releasing parties\" means releasing parties as that term is defined\\nin the master settlement agreement.\\n 9. \"Tobacco product manufacturer\" means an entity that after the\\neffective date of this article directly (and not exclusively through any\\naffiliate):\\n (a) manufacturers cigarettes anywhere that such manufacturer intends\\nto be sold in the United States, including cigarettes intended to be\\nsold in the United States through an importer (except where such\\nimporter is an original participating manufacturer (as that term is\\ndefined in the master settlement agreement) that will be responsible for\\nthe payments under the master settlement agreement with respect to such\\ncigarettes as a result of the provisions of subsections II(mm) of the\\nmaster settlement agreement and that pays the taxes specified in\\nsubsection II(z) of the master settlement agreement, and provided that\\nthe manufacturer of such cigarettes does not market or advertise such\\ncigarettes in the United States);\\n (b) is the first purchaser anywhere for resale in the United States of\\ncigarettes manufactured anywhere that the manufacturer does not intend\\nto be sold in the United States; or\\n (c) becomes a successor of an entity described in paragraph (a) or (b)\\nof this subdivision.\\nThe term \"tobacco product manufacturer\" shall not include an affiliate\\nof a tobacco product manufacturer unless such affiliate itself falls\\nwithin any of the provisions of paragraph (a), (b) or (c) of this\\nsubdivision.\\n 10. \"Units sold\" means the number of individual cigarettes sold in the\\nstate by the applicable tobacco product manufacturer (whether directly\\nor through a distributor, retailer or similar intermediary or\\nintermediaries) during the year in question, as measured by excise taxes\\ncollected by the state on packs bearing the excise tax stamp of the\\nstate, or on \"roll-your-own\" tobacco containers. The commissioner of\\ntaxation and finance shall promulgate such regulations as are necessary\\nto ascertain the amount of state excise tax paid on the cigarettes and\\nroll-your-own tobacco of such tobacco product manufacturer for each\\nyear. Notwithstanding any other provision of law, a failure of a\\ncigarette tax agent or distributor licensed pursuant to section four\\nhundred seventy-two of the tax law to provide any information required\\nby such regulations shall be deemed a violation of the regulations of\\nthe commissioner of taxation and finance promulgated under article\\ntwenty of the tax law. Notwithstanding any provision of law to the\\ncontrary, the commissioner of taxation and finance shall provide to the\\nattorney general any information necessary for the administration and\\nenforcement of this article, including: (a) returns filed in accordance\\nwith article twenty or twenty-eight of the tax law (or any other\\nprovision of the tax law providing for an excise tax on cigarettes or\\nroll-your-own tobacco); and (b) in the event the commissioner is unable\\nto ascertain the identity of the applicable tobacco product manufacturer\\nwith respect to particular cigarettes or roll-your-own tobacco sold in\\nthe state, the number and brand names of such cigarettes or\\nroll-your-own tobacco, the identity of the person from whom the excise\\ntax on such cigarettes or roll-your-own tobacco was collected, and all\\nother available information relating to such cigarettes or roll-your-own\\ntobacco, to be used by the attorney general to ascertain the identity of\\nsuch tobacco product manufacturer and for the administration and\\nenforcement of this article. Notwithstanding any provision of law to the\\ncontrary, the attorney general may redisclose any such information if\\nnecessary for the administration or enforcement of this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "1399-PP", "title" : "Requirements", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1399-PP", "activeDate" : "2014-09-22", "sequenceNo" : 577, "repealedDate" : null, "fromSection" : "1399-PP", "toSection" : "1399-PP", "text" : " § 1399-pp. Requirements. Any tobacco product manufacturer selling\\ncigarettes to consumers within the state (whether directly or through a\\ndistributor, retailer or similar intermediary or intermediaries) after\\nthe effective date of this article shall do one of the following:\\n 1. become a participating manufacturer (as that term is defined in\\nsection II(jj) of the master settlement agreement) and generally perform\\nits financial obligations under the master settlement agreement; or\\n 2. (a) place into a qualified escrow fund by April fifteenth of the\\nyear following the year in question the following amounts (as such\\namounts are adjusted for inflation):\\n (i) 1999: $.0094241 per unit sold after the effective date of this\\nsection;\\n (ii) 2000: $.0104712 per unit sold;\\n (iii) for each of 2001 and 2002: $.0136125 per unit sold;\\n (iv) for each of 2003 through 2006: $.0167539 per unit sold;\\n (v) for each of 2007 and each year thereafter: $.0188482 per unit\\nsold.\\n (b) a tobacco product manufacturer that places funds into escrow\\npursuant to paragraph (a) shall receive the interest or other\\nappreciation on such funds as earned. Such funds themselves shall be\\nreleased from escrow only under the following circumstances:\\n (i) to pay a judgment or settlement on any released claim brought\\nagainst such tobacco product manufacturer by the state or any releasing\\nparty located or residing in the state. Funds shall be released from\\nescrow under this subparagraph: (A) in the order in which they were\\nplaced into escrow and (B) only to the extent and at the time necessary\\nto make payments required under such judgment or settlement;\\n (ii) to the extent that a tobacco product manufacturer establishes\\nthat the amount it was required to place into escrow on account of units\\nsold in the state in a particular year was greater than the master\\nsettlement agreement payments, as determined pursuant to section IX(i)\\nof the master settlement agreement including after final determination\\nof all adjustments, that such manufacturer would have been required to\\nmake on account of such units sold had it been a participating\\nmanufacturer, the excess shall be released from escrow and revert back\\nto such tobacco product manufacturer; or\\n (iii) to the extent not released from escrow under subparagraph (i) or\\n(ii) of this paragraph, funds shall be released from escrow and revert\\nback to such tobacco product manufacturer twenty-five years after the\\ndate on which they were placed into escrow.\\n (c) Each tobacco product manufacturer that elects to place funds into\\nescrow pursuant to this subdivision shall annually certify to the\\nattorney general that it is in compliance with this subdivision. The\\nattorney general may bring a civil action on behalf of the state against\\nany tobacco product manufacturer that fails to place into escrow the\\nfunds required under this subdivision. Any tobacco product manufacturer\\nthat fails in any year to place into escrow the funds required under\\nthis subdivision shall:\\n (i) be required within fifteen days to place such funds into escrow as\\nshall bring it into compliance with this subdivision. The court, upon a\\nfinding of a violation of this subdivision, may impose a civil penalty\\nto be paid to the general fund of the state in an amount not to exceed\\nfive percent of the amount improperly withheld from escrow per day of\\nthe violation and in a total amount not to exceed one hundred percent of\\nthe original amount improperly withheld from escrow;\\n (ii) in the case of a knowing violation, be required within fifteen\\ndays to place such funds into escrow as shall bring it into compliance\\nwith this subdivision. The court, upon a finding of a knowing violation\\nof this subdivision, may impose a civil penalty to be paid to the\\ngeneral fund of the state in an amount not to exceed fifteen percent of\\nthe amount improperly withheld from escrow per day of the violation and\\nin a total amount not to exceed three hundred percent of the original\\namount improperly withheld from escrow; and\\n (iii) in the case of a second knowing violation, be prohibited from\\nselling cigarettes to consumers within the state (whether directly or\\nthrough a distributor, retailer or similar intermediary) for a period\\nnot to exceed two years.\\n Each failure to make an annual deposit required under this subdivision\\nshall constitute a separate violation, and the tobacco product\\nmanufacturer shall be required to pay the state's costs and attorney's\\nfees incurred during a successful prosecution under this subdivision.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 3 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A13-H", "title" : "Regulation of Sharps", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "13-H", "activeDate" : "2014-09-22", "sequenceNo" : 578, "repealedDate" : null, "fromSection" : "1399-SS", "toSection" : "1399-WW", "text" : " ARTICLE 13-H\\n REGULATION OF SHARPS\\nSection 1399-ss. Definitions.\\n 1399-tt. Regulations.\\n 1399-vv. Studies and reports.\\n 1399-ww. Separability.\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "1399-SS", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1399-SS", "activeDate" : "2014-09-22", "sequenceNo" : 579, "repealedDate" : null, "fromSection" : "1399-SS", "toSection" : "1399-SS", "text" : " § 1399-ss. Definitions. For the purposes of this article, unless the\\ncontext clearly requires otherwise:\\n 1. \"Engineered sharps injury protection\" means a physical attribute\\nbuilt into, or used with, a sharp that effectively reduces the risk of a\\nsharps injury by a mechanism such as barrier creation, blunting,\\nencapsulation, withdrawal, retraction, destruction or other mechanism.\\n 2. \"Exposure incident\" means contact with blood or other potentially\\ninfectious materials that results from a sharps injury.\\n 3. \"Sharp\" means any device that is or includes a needle used in the\\nprovision of health care, except for self-administration.\\n 4. \"Sharps injury\" means any injury caused by a sharp, including, but\\nnot limited to, a cut, abrasion, or needlestick.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "1399-TT", "title" : "Regulations", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1399-TT", "activeDate" : "2014-09-22", "sequenceNo" : 580, "repealedDate" : null, "fromSection" : "1399-TT", "toSection" : "1399-TT", "text" : " § 1399-tt. Regulations. The commissioner shall make regulations, under\\nthis article, governing the use of sharps in health care for the purpose\\nof: preventing sharps injuries, reducing exposure incidents, and\\npromoting the use of safer technologies which include engineered sharps\\ninjury protections. Dentists licensed in this state, under title eight\\nof the education law, shall be exempt from the regulations under this\\narticle. Regulations under this article shall prohibit the use of sharps\\nthat do not incorporate engineered sharps injury protections. The\\nregulations may provide exceptions permitting the use of sharps without\\nengineered sharps injury protections under circumstances where:\\n (a) appropriate engineered sharps are not available in the market;\\n (b) the use of sharps without engineered sharps injury protections is\\nessential to the performance of a specific medical procedure; or\\n (c) based on objective product evaluation, sharps with engineered\\ninjury protections are not more effective in preventing exposure\\nincidents than sharps without engineered injury protections.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "1399-VV", "title" : "Studies and reports", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1399-VV", "activeDate" : "2014-09-22", "sequenceNo" : 581, "repealedDate" : null, "fromSection" : "1399-VV", "toSection" : "1399-VV", "text" : " § 1399-vv. Studies and reports. The commissioner shall conduct a study\\nof exposure incidents occurring prior to and one year after the\\neffective date of regulations made under this article to determine the\\neffectiveness of the regulations in reducing sharps injuries and\\nexposure incidents, the level of compliance, and the need for any\\nmodifications or revisions to the regulations. The results of the study\\nshall be reported to the governor and the legislature no later than six\\nmonths after the first twelve month period during which the regulations\\nhave been effective. The commissioner shall submit a second report no\\nlater than two years after the first report. The studies and reports\\nunder this section shall be done in consultation with the technical\\nadvisory committee established under this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "1399-WW", "title" : "Separability", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1399-WW", "activeDate" : "2014-09-22", "sequenceNo" : 582, "repealedDate" : null, "fromSection" : "1399-WW", "toSection" : "1399-WW", "text" : " § 1399-ww. Separability. If any item, clause, sentence, subparagraph,\\nsubdivision, section or other part of this act, or the application\\nthereof to any person or circumstances shall be held to be invalid, such\\nholding shall not affect, impair or invalidate the remainder of this\\nact, or the application of such section or part of a section held\\ninvalid, to any other person or circumstances, but shall be confined in\\nits operation to the item, clause, sentence, subparagraph, subdivision,\\nsection or other part of this act directly involved in such holding, or\\nto the person and circumstances therein involved.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 4 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A14", "title" : "Regulation of Camps For Children", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22", "2023-12-29", "2024-02-09" ], "docLevelId" : "14", "activeDate" : "2014-09-22", "sequenceNo" : 583, "repealedDate" : null, "fromSection" : "1400", "toSection" : "1407", "text" : " ARTICLE 14\\n REGULATION OF CAMPS FOR CHILDREN\\nSection 1400. Definitions.\\n 1401. Disclosure statement.\\n 1402. Delivery of disclosure statement to parent.\\n 1403. Designation of secretary of state as agent for serving\\n process.\\n 1404. Penalties; failure to file disclosure statements.\\n 1405. False and misleading statements; penalties; private rights\\n of persons.\\n 1406. Fees.\\n 1407. Powers of the commissioner.\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "1400", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1400", "activeDate" : "2014-09-22", "sequenceNo" : 584, "repealedDate" : null, "fromSection" : "1400", "toSection" : "1400", "text" : " § 1400. Definitions. As used in this article:\\n 1. \"Children's camp\" or \"camp\" for the purpose of this article means\\nany children's overnight camp, as defined in section thirteen hundred\\nninety-two of this chapter, children's summer day camp as defined in\\nsection thirteen hundred ninety-two of this chapter and children's\\ntraveling summer day camp as defined in section thirteen hundred\\nninety-two of this chapter which is located without the state and\\nengages in any public solicitations, for deposits for, or contracts for\\nthe purpose of enrollments, or accepts or makes any contract of\\nenrollment for any child residing in the state.\\n 2. \"Disclosure statement\" means a written statement submitted\\ninitially and/or amended annually containing such information as the\\ncommissioner by regulation may require on forms to be prescribed by the\\ncommissioner. In developing such disclosure statements, the\\ncommissioner shall require any person, firm, corporation, or association\\noperating such camp to disclose information including but not be limited\\nto the following: (1) name and mailing address of such camp; (2) form of\\nthe business organization and principal owners, officers or directors;\\n(3) name, address and state of incorporation, if applicable, of the\\nowner of such camp; (4) financial stability statements; (5) the\\npolitical subdivision in which such camp is located and the location of\\nthe property within that subdivision; (6) physical features of the camp\\nincluding a map of the camp and such photographs as the commissioner may\\nrequire; (7) provisions for sanitary and disposal facilities and water\\nsupply; (8) staffing ratios; (9) living and sleeping quarters; (10) food\\nservice facilities; (11) recreational quarters and facilities and\\noccupancy limits; (12) insurance coverage including names and addresses\\nof carriers; (13) emergency health services; (14) medical services; (15)\\nresults of inspections by local or state health and safety officials\\nwithin the past eighteen months; and (16) any other information which\\nthe commissioner deems necessary.\\n 3. \"Short form disclosure statement\" or \"short form\" means an\\nabbreviated version of the disclosure statement containing such\\ninformation from the disclosure statement as the commissioner may\\nrequire.\\n 4. \"Parent\" means the birth or adoptive parent, the guardian, or\\nperson otherwise authorized to make a contract of enrollment for a\\nchild.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "1401", "title" : "Disclosure statement", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1401", "activeDate" : "2014-09-22", "sequenceNo" : 585, "repealedDate" : null, "fromSection" : "1401", "toSection" : "1401", "text" : " § 1401. Disclosure statement. No children's camp shall engage in any\\npublic solicitation for applications, for deposits for, or contracts for\\nthe purpose of enrollment, or advertise or cause to be advertised within\\nthe state, or otherwise solicit enrollments, or accept or make any\\ncontract of enrollment for any child residing in the state for any\\nchildren's camp located without the state unless prior to such\\nsolicitation, advertisement, or acceptance of a contract or deposit for\\nthe purpose of enrollment there shall have been filed annually with the\\ndepartment of health a disclosure statement and a short form disclosure\\nstatement as defined in section fourteen hundred of this article. The\\ncommissioner may make provisions for amended disclosure statements.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "1402", "title" : "Delivery of disclosure statement to parent", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1402", "activeDate" : "2014-09-22", "sequenceNo" : 586, "repealedDate" : null, "fromSection" : "1402", "toSection" : "1402", "text" : " § 1402. Delivery of disclosure statement to parent. 1. A copy of the\\nshort form disclosure statement shall be mailed or delivered by the\\nowner, director or other person soliciting the enrollment of a child\\nresiding within the state for any children's camp located without the\\nstate to the parent or guardian of such child. Such disclosure statement\\nmay accompany any literature or solicitation material mailed or\\ndelivered to such parent or guardian, but in no event, shall such\\ndisclosure statement be mailed or delivered to such parent or guardian\\nlater than the mailing or delivery of enrollment application forms\\nand/or enrollment contract forms.\\n 2. No advertisement, or other solicitation material, or enrollment\\napplication form or enrollment contract or short form, shall contain any\\nrepresentation that is inconsistent with any material representation or\\nstatement made in the disclosure statement or equivalent statement as\\nlast renewed or amended. Any such representation shall be deemed to be a\\ndeceptive practice pursuant to section three hundred forty-nine of the\\ngeneral business law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "1403", "title" : "Designation of secretary of state as agent for serving process", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1403", "activeDate" : "2014-09-22", "sequenceNo" : 587, "repealedDate" : null, "fromSection" : "1403", "toSection" : "1403", "text" : " § 1403. Designation of secretary of state as agent for serving\\nprocess. Every children's camp, operator and owner of such camp shall\\nbe deemed to have designated the secretary of state of the state of New\\nYork for service of process. Service shall be made by delivering the\\nsummons to the secretary of state or his designated representative at an\\noffice of the secretary of state within the state.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "1404", "title" : "Penalties; failure to file disclosure statements", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1404", "activeDate" : "2014-09-22", "sequenceNo" : 588, "repealedDate" : null, "fromSection" : "1404", "toSection" : "1404", "text" : " § 1404. Penalties; failure to file disclosure statements. The\\nattorney general may seek an injunction against any children's camp,\\ncamp owner, operator, director or officer enjoining the solicitation of\\nenrollments for children in such camps who reside within the state of\\nNew York for failure to file a disclosure statement or repeated failure\\nto comply with the provisions of section fourteen hundred two of this\\narticle.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "1405", "title" : "False and misleading statements; penalties; private rights of persons", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1405", "activeDate" : "2014-09-22", "sequenceNo" : 589, "repealedDate" : null, "fromSection" : "1405", "toSection" : "1405", "text" : " § 1405. False and misleading statements; penalties; private rights of\\npersons. 1. Any solicitation made for the purpose of securing\\napplications or deposits for contracts for the enrollment of a child\\nresiding in New York in a children's camp located without the state of\\nNew York shall be deemed to be advertising which if false shall be\\nsubject to the provisions of article twenty-two-A of the general\\nbusiness law; provided, however, that nothing contained in section three\\nhundred fifty-e of such law shall prevent a party from seeking relief\\npursuant to this section.\\n 2. Any person who has entered into a contract and enrolls a child in a\\nchildren's camp located without the state of New York where a\\nsolicitation has been made by the use of a material false statement or\\nin the failure to reveal material facts shall have the right to seek\\nrescission of such contract and recover any moneys paid whether or not\\nany performance has been rendered under any such contract; provided,\\nhowever, that no action may be maintained if the attorney general has\\nalready commenced proceedings on behalf of such person for such relief.\\n 3. Such relief shall be in addition to any other relief which may be\\nsought by a party either in law or equity.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "1406", "title" : "Fees", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1406", "activeDate" : "2014-09-22", "sequenceNo" : 590, "repealedDate" : null, "fromSection" : "1406", "toSection" : "1406", "text" : " § 1406. Fees. Upon filing the initial disclosure statement with the\\ndepartment, the fee shall be fifty dollars, except that no fee shall be\\ncharged in the case of camps operated by a person, firm, corporation or\\nassociation for charitable, philanthropic, or religious purposes.\\n No filing fee shall be required for the filing of any amended\\ndisclosure statement or for the filing of subsequent disclosure\\nstatements pursuant to the annual filing requirements of section\\nfourteen hundred one of this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "1407", "title" : "Powers of the commissioner", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1407", "activeDate" : "2014-09-22", "sequenceNo" : 591, "repealedDate" : null, "fromSection" : "1407", "toSection" : "1407", "text" : " § 1407. Powers of the commissioner. In addition to the powers of the\\ncommissioner or the public health council to effectuate the provisions\\nof this article, the commissioner shall have the power to:\\n 1. Cooperate with state and federal officials to investigate the\\nstatements made in any statements or solicitation made or filed, and to\\npromote camp safety standards.\\n 2. Cooperate with the attorney general in the prosecution of actions\\nunder this article.\\n 3. Maintain a file open for public inspection and answer any inquiries\\nconcerning any camp regulated by this article.\\n 4. Establish forms and procedures to secure compliance with this\\narticle.\\n 5. Publish a list of states which have adopted camp safety standards\\nand a program of compliance comparable to those of New York.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 8 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A15", "title" : "Insect Control", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "15", "activeDate" : "2014-09-22", "sequenceNo" : 592, "repealedDate" : null, "fromSection" : "1500", "toSection" : "1531", "text" : " ARTICLE 15\\n INSECT CONTROL\\nTitle I. Municipal insect control (§§ 1500-1503).\\n II. County insect control (§§ 1520-1531).\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A15T1", "title" : "Municipal Insect Control", "docType" : "TITLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1", "activeDate" : "2014-09-22", "sequenceNo" : 593, "repealedDate" : null, "fromSection" : "1500", "toSection" : "1503", "text" : " TITLE I\\n MUNICIPAL INSECT CONTROL\\nSection 1500. Municipal insect control.\\n 1501. Municipal mosquito control; costs to owner and\\n municipality.\\n 1502. Municipal mosquito control; costs; assessment on property\\n benefited.\\n 1503. City of New York; exceptions.\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "1500", "title" : "Municipal insect control", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1500", "activeDate" : "2014-09-22", "sequenceNo" : 594, "repealedDate" : null, "fromSection" : "1500", "toSection" : "1500", "text" : " § 1500. Municipal insect control. 1. The board of health of a\\nmunicipality may take all necessary and proper steps for the control of\\nmosquitoes, flies, black flies, punkies, ticks, and other insects\\ndetrimental to health within its jurisdiction which may require\\ncommunity action for the destruction or control of such insects.\\n 2. Any accumulation of water in which mosquitoes are breeding, or are\\nlikely to breed, is hereby declared to be a nuisance.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "1501", "title" : "Municipal mosquito control; costs to owner and municipality", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1501", "activeDate" : "2014-09-22", "sequenceNo" : 595, "repealedDate" : null, "fromSection" : "1501", "toSection" : "1501", "text" : " § 1501. Municipal mosquito control; costs to owner and municipality.\\n1. Whenever the board of health of a municipality shall determine that\\nany accumulation of water wherein mosquito larvae breed, constitutes a\\nnuisance or a danger or injury to life or health, the owner or owners of\\nthe premises on which the breeding place is located shall bear the\\nexpense of its suppression or removal, or so much thereof as the local\\nboard of health shall determine to be equitable as hereinafter provided.\\n 2. If the local board of health of a municipality shall determine\\nthat, owing to the natural conditions which are favorable to the\\nbreeding of mosquitoes and owing to the benefit to be secured to the\\npublic by the suppression of such conditions, a part of the expense of\\nsuch suppression or removal shall be borne by the owner of such premises\\nand a part thereof by the municipality wherein the premises are\\nsituated, such owner or occupant may proceed to suppress or remove such\\nbreeding place and shall be reimbursed by the municipality for such\\nproportion of the reasonable expense of such suppression or removal as\\nthe board of health shall have determined should be borne by the\\nmunicipality.\\n 3. For the purpose of ascertaining the actual cost of such suppression\\nor removal, the board of health of the municipality or its duly\\nauthorized agents may at all times have access to the premises whereon\\nthe work is being carried on; and the owner of the premises shall\\nfurnish to such board of health such information as the board of health\\nmay deem necessary or desirable for the purpose of ascertaining such\\nactual cost.\\n 4. If in any such case the owner of the premises shall not proceed,\\nwithin a reasonable time, to suppress or remove such breeding place, the\\nboard of health of the municipality may proceed to suppress and remove\\nthe same, and for such proportion of the expense of such suppression and\\nremoval as the board of health shall have determined to be equitable, an\\naction may be maintained against such owner, and the same shall become a\\nfirst lien upon the premises.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "1502", "title" : "Municipal mosquito control; costs; assessment on property benefited", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1502", "activeDate" : "2014-09-22", "sequenceNo" : 596, "repealedDate" : null, "fromSection" : "1502", "toSection" : "1502", "text" : " § 1502. Municipal mosquito control; costs; assessment on property\\nbenefited. 1. If a local board of health of a municipality shall (a)\\ndetermine, in its discretion, that, owing to the natural conditions\\nwhich are favorable to the breeding of mosquitoes and owing to the\\nbenefits to be secured to the public by the suppression of such\\nconditions, some part or all of the expenses of suppressing or removing\\na breeding place for mosquitoes should, in equity be borne by the owners\\nof the property which will be benefited by such suppression; or, (b)\\ndeem it necessary, in order to suppress or remove any such breeding\\nplace, that any swamp, bog, meadow or other low or wet lands within the\\nmunicipality over which said board has jurisdiction, shall be drained\\nand that it is necessary, in order thereto, that a ditch or ditches or\\nother channel for the free passage of water should be opened through\\nlands belonging to a person or persons other than the owners of the\\nlands whereon such breeding place shall be located, such local board of\\nhealth shall make application to the state water power and control\\ncommission to construct and complete such channels and ditches for the\\nfree passage of water, or to do such other act or thing as such local\\nboard of health shall have determined to be necessary upon such lands in\\norder to suppress or remove such breeding place, and to apportion,\\nassess and collect the amount of the cost thereof from the owners of the\\nlands which will be benefited by the suppression and removal of such\\nbreeding place.\\n 2. The state water power and control commission shall proceed,\\nconstruct and complete such channel and ditches, or do such other act or\\nthing as may be necessary, and apportion, assess and collect the cost of\\nthe same from the owners of the lands benefited by such suppression or\\nremoval, in the manner provided for the drainage of any swamp, bog,\\nmeadow or other low or wet land and the apportionment, assessment and\\ncollection of the cost of such drainage, by the conservation law.\\n 3. In any case where, under the provisions of this article the state\\nwater power and control commission is to determine what property is\\nbenefited and to what extent said property is benefited by the\\nsuppression or removal of any such breeding place, such commission shall\\nnot be restricted in their determination to property immediately\\nadjoining the premises whereon such breeding place is located; and, in\\napportioning the benefit to any property, such commission may consider\\nany circumstances by reason whereon any property will be benefited by\\nthe suppression and removal of such breeding place.\\n 4. This article shall be construed with the provisions of the\\nconservation law. In case of conflict the provisions of this article\\nshall be substituted for the provisions of the conservation law, but\\nsuch parts of the provisions of the conservation law as are not\\nnecessarily superseded shall apply.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "1503", "title" : "City of New York; exceptions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1503", "activeDate" : "2014-09-22", "sequenceNo" : 597, "repealedDate" : null, "fromSection" : "1503", "toSection" : "1503", "text" : " § 1503. City of New York; exceptions. The provision of sections one\\nthousand five hundred to one thousand five hundred two of this chapter,\\ninclusive, shall not apply to the city of New York.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 4 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A15T2", "title" : "County Insect Control", "docType" : "TITLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2", "activeDate" : "2014-09-22", "sequenceNo" : 598, "repealedDate" : null, "fromSection" : "1520", "toSection" : "1531", "text" : " TITLE II\\n COUNTY INSECT CONTROL\\nSection 1520. County mosquito control commission; appointment;\\n membership.\\n 1521. County mosquito control commission; terms of office; oath.\\n 1522. County mosquito control commission; compensation;\\n expenses; officers.\\n 1523. County mosquito control commission; legal entity.\\n 1524. County mosquito control commission; employees; duties and\\n compensation.\\n 1525. County mosquito control commission; powers and duties;\\n entry on lands.\\n 1526. County mosquito control commission; owners' claims,\\n damages and payments.\\n 1527. County mosquito control commission; obstructions;\\n interferences; violations.\\n 1528. County mosquito control commission; estimate and approval\\n of annual requirements; power and duty of commissioner.\\n 1529. County mosquito control commission; construction of law.\\n 1530. County mosquito control commission; annual report.\\n 1531. County mosquito control commission; regulations by board\\n of supervisors as to purchases, contracts and\\n expenditures.\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "1520", "title" : "County mosquito control commission; appointment; membership", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1520", "activeDate" : "2014-09-22", "sequenceNo" : 599, "repealedDate" : null, "fromSection" : "1520", "toSection" : "1520", "text" : " § 1520. County mosquito control commission; appointment; membership.\\n1. Within ten days after the presentation of a petition for the\\nestablishment of a county mosquito control commission, signed and\\nacknowledged by two hundred residents of the county in the same manner\\nas are deeds entitled to be recorded, the board of supervisors of a\\ncounty, adjacent to a county in the state of New York which contains not\\nmore than three towns and which is adjacent to a city having a\\npopulation of over three million, shall appoint a county mosquito\\ncontrol commission as hereinafter provided.\\n 2. Each county mosquito control commission shall consist of\\n (a) four resident taxpayers of the county, to be appointed by the\\nboard of supervisors of the county duly convened by the chairman thereof\\nfor the purpose of making the said appointments; and,\\n (b) one member, to be appointed by the commissioner, who shall be a\\nresident of the county for which such commission is appointed, and who\\nshall have equal powers, privileges and duties with the other members of\\nsuch commission, and who shall, in addition thereto represent the\\ncommissioner in all matters as the commissioner may direct; and,\\n (c) the chairman of the board of supervisors of the said county, who\\nshall be a member ex-officio of said commission and who shall have equal\\npowers, privileges and duties with the other members of such commission.\\n 3. Each county mosquito control commission shall be known as \"The\\n(here shall be inserted the name of the county in and for which the\\ncommissioners are to be appointed) County Mosquito Control Commission.\"\\n 4. The chairman of the board of supervisors of each county for which a\\ncounty mosquito control commission is to be appointed pursuant to the\\nprovisions of this section shall convene the said board at the most\\nsuitable and convenient place, or otherwise arrange for concerted action\\nfor the purpose of acting as a board for the appointment of the four\\nresident taxpayers in such county, as herein provided. The members of\\nsuch appointing board shall serve without pay, except that the necessary\\nexpenses of each member for actual attendance at any meeting of such\\nboard shall be allowed and paid.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "1521", "title" : "County mosquito control commission; terms of office; oath", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1521", "activeDate" : "2014-09-22", "sequenceNo" : 600, "repealedDate" : null, "fromSection" : "1521", "toSection" : "1521", "text" : " § 1521. County mosquito control commission; terms of office; oath. 1.\\nThe terms of office of all members of each county mosquito control\\ncommission, appointed after the expiration of the first appointment,\\nshall be four years.\\n 2. The members first appointed to the county mosquito control\\ncommission by the county board of supervisors in any district under the\\nprovisions of this article shall hold office respectively for the term\\nof one, two, three and four years.\\n 3. The term of the member appointed by the commissioner shall be four\\nyears.\\n 4. Vacancies in such commission occurring by resignation or otherwise,\\nshall be filled by the county board of supervisors in the manner\\nprovided in section one thousand five hundred twenty of this chapter,\\nexcept any vacancy caused by resignation or otherwise of the member\\nappointed by the commissioner shall be filled by the commissioner in the\\nmanner provided in section one thousand five hundred twenty of this\\nchapter, and the persons so appointed to fill such vacancies shall be\\nappointed for the unexpired term only.\\n 5. Before entering upon the duties of his office each commission\\nmember shall take and subscribe an oath or affirmation before the clerk\\nof the county in which is situated the district in and for which he is\\nappointed to perform faithfully and impartially the duties of his\\noffice, which oath or affirmation shall be filed with such clerk.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "1522", "title" : "County mosquito control commission; compensation; expenses; officers", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1522", "activeDate" : "2014-09-22", "sequenceNo" : 601, "repealedDate" : null, "fromSection" : "1522", "toSection" : "1522", "text" : " § 1522. County mosquito control commission; compensation; expenses;\\nofficers. 1. All members of a county mosquito control commission shall\\nserve without compensation, except that the necessary expenses of each\\nmember for actual attendance at meetings of such commission shall be\\nallowed and paid.\\n 2. Such commission shall annually choose from among its members a\\npresident and a treasurer, who shall serve without pay, and they shall\\nrespectively perform the duties usually performed by persons holding\\nsuch offices.\\n 3. Such commission may appoint a secretary, whose compensation shall\\nbe fixed by the commission, by and with the approval of the board of\\nsupervisors.\\n 4. No person employed by such commission shall be a member thereof.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "1523", "title" : "County mosquito control commission; legal entity", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1523", "activeDate" : "2014-09-22", "sequenceNo" : 602, "repealedDate" : null, "fromSection" : "1523", "toSection" : "1523", "text" : " § 1523. County mosquito control commission; legal entity. From and\\nafter the appointment, qualification and organization of its members the\\ncounty mosquito control commission shall become and be a body corporate\\nand politic, under the name given in such petition, and by such name and\\nstyle may sue, be sued, execute contracts, have a corporate seal, and\\nshall have all powers herein conferred upon it within the county wherein\\nit is appointed.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "1524", "title" : "County mosquito control commission; employees; duties and compensation", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1524", "activeDate" : "2014-09-22", "sequenceNo" : 603, "repealedDate" : null, "fromSection" : "1524", "toSection" : "1524", "text" : " § 1524. County mosquito control commission; employees; duties and\\ncompensation. 1. Each county mosquito control commission, may, with the\\napproval of the board of supervisors of the county, appoint and employ\\nsuch clerks, assistants, inspectors and day laborers as may be necessary\\nto carry out the provisions of this article.\\n 2. The compensation of such employees shall be fixed by the board of\\nsupervisors of the county.\\n 3. The commission shall prescribe the duties and hours of employment\\nof clerks and assistants and make all rules and regulations respecting\\nthe same and furnish them with necessary and proper facilities.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "1525", "title" : "County mosquito control commission; powers and duties; entry on lands", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1525", "activeDate" : "2014-09-22", "sequenceNo" : 604, "repealedDate" : null, "fromSection" : "1525", "toSection" : "1525", "text" : " § 1525. County mosquito control commission; powers and duties; entry\\non lands. 1. Each county mosquito control commission shall use every\\nmeans feasible and practicable to suppress mosquitoes, ticks, flies and\\nother hominoxious arthropods of every kind requiring community action\\nfor their control, and which may be found within the county for which\\nsuch commission is appointed.\\n 2. Such commission shall have power and authority to enter without\\nhinderance upon any or all lands within the county for the purpose of\\ndraining or treating the same and to perform all other acts which in its\\nopinion and judgment may be necessary and proper for the elimination of\\nmosquitoes or other hominoxious arthropods which may require community\\naction for their control, and which may be found within such counties,\\nbut such measures shall not be injurious to wild life.\\n 3. Before entering upon any such lands for such purposes as outlined\\nunder this section, the commission shall publish each year at least once\\nduring the year, immediately following the approval of the board of\\nsupervisors of its plans for work during the ensuing year as provided in\\nthis article, in at least one newspaper in every town of the county\\nwhere work is to be performed and in which such a paper is published, a\\ngeneral description of the land where the work is to be performed, and\\nin case of a town where work is to be performed by the commission and in\\nwhich no newspaper is published, individual notices shall be first sent\\nto every owner in such town upon whose land the commission proposes to\\nenter for said purposes if the name of such owner be known; if unknown\\nsuch notice shall be posted in not less than five conspicuous places in\\nsuch town.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "1526", "title" : "County mosquito control commission; owners' claims, damages and payments", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1526", "activeDate" : "2014-09-22", "sequenceNo" : 605, "repealedDate" : null, "fromSection" : "1526", "toSection" : "1526", "text" : " § 1526. County mosquito control commission; owners' claims, damages\\nand payments. 1. Any person objecting to or who is aggrieved or who\\nclaims damages due to the execution of the work of the commission, shall\\nfile a protest with the commission setting forth his grievance or claim.\\nThe commission shall thereupon and within thirty days after the filing\\nof such protest or claim, set a day for a public hearing thereof. In all\\nsuch cases the decision of the commission as to the necessity of such\\nwork shall be final.\\n 2. Any damage claimed by any party on account of entry work of the\\ncommission upon his property shall be determined by an action in court\\nto be tried in the county; and the amount of any damage that may be\\nawarded such party shall be included in the next succeeding estimate of\\nannual requirements of the commission and shall be included in the\\nannual tax levy as provided for in this article, and be paid by the\\ncommission.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "1527", "title" : "County mosquito control commission; obstructions; interferences; violations", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1527", "activeDate" : "2014-09-22", "sequenceNo" : 606, "repealedDate" : null, "fromSection" : "1527", "toSection" : "1527", "text" : " § 1527. County mosquito control commission; obstructions;\\ninterferences; violations. Any person who obstructs or interferes with\\nthe entry of the county mosquito control commission or its employees\\nupon land, or who obstructs or interferes with, molests, or damages any\\nof the work performed by the said commission shall be guilty of a\\nmisdemeanor.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "1528", "title" : "County mosquito control commission; estimate and approval of annual requirements; power and duty of commissioner", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1528", "activeDate" : "2014-09-22", "sequenceNo" : 607, "repealedDate" : null, "fromSection" : "1528", "toSection" : "1528", "text" : " § 1528. County mosquito control commission; estimate and approval of\\nannual requirements; power and duty of commissioner. 1. Each county\\nmosquito control commission shall, on or before the first day of October\\nin each year, file with the commissioner and with the board of\\nsupervisors of its county, a detailed estimate of the moneys required\\nfor the ensuing year and a plan of the work to be done and the methods\\nto be employed, together with a general description of such lands.\\n 2. The board of supervisors shall have power to approve, modify or\\nalter such estimates, plans and methods, and it shall be the duty of the\\nboard of supervisors in the county in which a commission is appointed at\\nits annual or other meeting held in the month of October of each year\\nand on receipt of the said report from the county commission, to cause\\nto be included in the annual budget of such county for the succeeding\\nyear the amount of money included in such estimate of moneys, as\\napproved, modified or altered by it for the use and purposes of the\\nmosquito control commission, in its said county.\\n 3. Provided, however, that any district which at the time when this\\nsection, as hereby amended, take effect, shall have been legally\\nestablished under chapter two hundred forty-six of the laws of nineteen\\nhundred sixteen, as amended by chapter thirteen of the laws of nineteen\\nhundred twenty-six, shall be exempted from the provisions of this\\nchapter and from taxation under it.\\n 4. The county treasurer of such county shall pay from time to time to\\nthe mosquito control commission, on the requisition of such commission,\\nduly signed and approved by the president and secretary thereof such\\nsums as may be needed within the appropriation.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "1529", "title" : "County mosquito control commission; construction of law", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1529", "activeDate" : "2014-09-22", "sequenceNo" : 608, "repealedDate" : null, "fromSection" : "1529", "toSection" : "1529", "text" : " § 1529. County mosquito control commission; construction of law.\\nNothing in this article shall be construed to alter, amend, modify or\\nrepeal any of the provisions of article thirteen of this chapter, or any\\nof the provisions of the conservation law except to the extent that the\\nprovisions of this article are inconsistent therewith.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "1530", "title" : "County mosquito control commission; annual report", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1530", "activeDate" : "2014-09-22", "sequenceNo" : 609, "repealedDate" : null, "fromSection" : "1530", "toSection" : "1530", "text" : " § 1530. County mosquito control commission; annual report. It shall\\nbe the duty of each county mosquito control commission, on or before the\\nfirst day of September in each year, to submit to the commissioner and\\nto the board of supervisors in the county comprised within a mosquito\\ncontrol district, a report setting forth the amount of moneys expended\\nduring the previous year showing each item of expenditure, the methods\\nemployed, the work accomplished and any other information which in its\\njudgment may seem pertinent, or which the board of supervisors may\\ndemand.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "1531", "title" : "County mosquito control commission; regulations by board of supervisors as to purchases, contracts and expenditures", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1531", "activeDate" : "2014-09-22", "sequenceNo" : 610, "repealedDate" : null, "fromSection" : "1531", "toSection" : "1531", "text" : " § 1531. County mosquito control commission; regulations by board of\\nsupervisors as to purchases, contracts and expenditures. Such mosquito\\nextermination commission shall not pay any accounts or claims, make any\\ncontracts or expenditures or purchase any materials, supplies or\\nequipment except after compliance with such regulations as may be\\nadopted by the board of supervisors with respect to audit, advertising\\nor otherwise.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 12 }, "repealed" : false } ], "size" : 2 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A16", "title" : "Pesticide Control Board", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "16", "activeDate" : "2014-09-22", "sequenceNo" : 611, "repealedDate" : null, "fromSection" : "1601", "toSection" : "1609", "text" : " ARTICLE 16\\n PESTICIDE CONTROL BOARD\\nSection 1601. Legislative findings and purpose.\\n 1602. Definition.\\n 1603. Creation of pesticide control board.\\n 1604. Organization of pesticide control board.\\n 1605. Meetings.\\n 1606. Functions, powers and duties.\\n 1607. Cooperation with other departments.\\n 1608. Loans and grants.\\n 1609. Conflicting laws.\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "1601", "title" : "Legislative findings and purpose", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1601", "activeDate" : "2014-09-22", "sequenceNo" : 612, "repealedDate" : null, "fromSection" : "1601", "toSection" : "1601", "text" : " § 1601. Legislative findings and purpose. Pesticides have proved\\nvaluable in the control of harmful insects, weeds, fungi and other forms\\nof plant and animal life. When used indiscriminately, however, they may\\ninjure crops, whether or not directly treated, contaminate the air, soil\\nand water, thus upsetting the desired ecological balance, and harm\\nhumans, fish and wildlife by direct poisoning or by gradual accumulation\\nof pesticide residues in tissues. It is the purpose of this article\\nbetter to protect the public health and welfare and to minimize the\\npotential pesticide hazard to man and his environment, consistent with\\nthe public interest in the benefits to be derived from their safe and\\nscientific application, by establishing a pesticide control board to\\nformulate over-all policy in the state's regulatory programs and\\ncoordinate state efforts to control the use of pesticides.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "1602", "title" : "Definition", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1602", "activeDate" : "2014-09-22", "sequenceNo" : 613, "repealedDate" : null, "fromSection" : "1602", "toSection" : "1602", "text" : " § 1602. Definition. When used in this article, the term \"pesticide\"\\nmeans any substance or mixture of substances intended for preventing,\\ndestroying, repelling, or mitigating any insect, rodent, fungi, weeds,\\nor other forms of plant or animal life or viruses, except viruses on or\\nin living man or animals.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "1603", "title" : "Creation of pesticide control board", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1603", "activeDate" : "2014-09-22", "sequenceNo" : 614, "repealedDate" : null, "fromSection" : "1603", "toSection" : "1603", "text" : " § 1603. Creation of pesticide control board. 1. There is hereby\\ncreated within the department of health a pesticide control board. Such\\nboard shall have seven voting members, who shall be the commissioners of\\nagriculture and markets, commerce, conservation, education and health,\\nthe industrial commissioner and the commissioner of transportation. In\\naddition, as advisory members, there shall be the dean of the New York\\nstate college of agriculture at Cornell university, the dean of the New\\nYork state college of forestry at Syracuse university, the dean of the\\nNew York state veterinary college, the director of the New York state\\nagricultural experiment station at Geneva, and, to be appointed by the\\ngovernor, six members at least one of whom shall be the dean of a state\\nuniversity college of medicine, one an ecologist, one a representative\\nof the pesticide manufacturing industry, one a representative of custom\\napplicators of pesticides and one a representative of organized\\nconservationists.\\n 2. Advisory members appointed by the governor shall serve for terms of\\nthree years, such terms to commence on July first and to expire on June\\nthirtieth; provided, however, that of the advisory members first\\nappointed, two shall be appointed for a one year term expiring on June\\nthirtieth, nineteen hundred sixty-five, and two shall be appointed for a\\ntwo year term expiring on June thirtieth, nineteen hundred sixty-six.\\nEach such advisory member shall hold office until his successor shall\\nhave been appointed and qualified.\\n 3. Each voting member and each ex-officio advisory member of such\\nboard may, by official order filed in the office of the board, designate\\na deputy or other representative in his department to perform his duties\\nunder this article, except as provided in subdivision one of section\\nsixteen hundred six of this article.\\n 4. The members of the board or their respective designees shall\\nreceive no additional compensation for their services as members of the\\nboard, but shall be allowed their actual and necessary expenses incurred\\nin the performance of their duties under this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "1604", "title" : "Organization of pesticide control board", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1604", "activeDate" : "2014-09-22", "sequenceNo" : 615, "repealedDate" : null, "fromSection" : "1604", "toSection" : "1604", "text" : " § 1604. Organization of pesticide control board. 1. The chairman of\\nthe board shall be the commissioner of health.\\n 2. The board shall appoint an executive secretary who shall act as the\\nadministrative agent of the board, keep a record of all meetings of the\\nboard and perform such other functions and duties as the board may\\ndirect.\\n 3. The board may make and adopt by-laws to regulate its proceedings.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "1605", "title" : "Meetings", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1605", "activeDate" : "2014-09-22", "sequenceNo" : 616, "repealedDate" : null, "fromSection" : "1605", "toSection" : "1605", "text" : " § 1605. Meetings. 1. The board shall meet at least once every three\\nmonths. Special meetings shall be called by the chairman on his own\\ninitiative or upon the written request of two voting members. Ten days'\\nwritten notice of the time, place and purpose of each meeting shall be\\ngiven to each member of the board.\\n 2. Four voting members of the board shall constitute a quorum to\\ntransact the business of the board. A majority vote shall be necessary\\nfor any action taken by the board except as provided in subdivision one\\nof section sixteen hundred six of this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "1606", "title" : "Functions, powers and duties", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2017-08-04" ], "docLevelId" : "1606", "activeDate" : "2017-08-04", "sequenceNo" : 617, "repealedDate" : null, "fromSection" : "1606", "toSection" : "1606", "text" : " § 1606. Functions, powers and duties. 1. The board (a) may prepare and\\nrecommend rules and regulations, or amendment or repeal thereof, for\\ncontrolling the use, transportation, storage and disposal of pesticides\\nconsistent with the declared purpose of this article and (b) shall\\ndesignate the department or departments by whom such rules or\\nregulations shall be promulgated, administered and enforced in\\naccordance with the functions, powers and duties of such department or\\ndepartments prescribed by law. Such rules and regulations shall not be\\neffective until filed in the office of the department of state. Any such\\naction shall be taken only at a meeting upon the affirmative vote in\\nperson or by mail of at least five voting members of the board,\\nexclusive of any deputy or other representative, after a meeting with\\nthe advisory members of the board and consideration of available\\nscientific evidence.\\n 2. To further the declared purpose of this article, the board shall\\nhave the following functions, powers and duties:\\n (a) To formulate over-all policy in the state's programs for\\nregulating the use, transportation, storage and disposal of pesticides.\\n (b) To coordinate the activities and programs of member departments\\nconcerned with the use and effects of pesticides.\\n (c) To cause such studies, research and investigations to be made as\\nit may deem advisable and necessary.\\n (d) To hold public hearings.\\n (e) To collect and compile information and data relating to the use\\nand effects of pesticides.\\n (f) To advise and assist state departments and agencies upon request.\\n (g) To inform the public concerning the state's efforts to regulate\\nthe use of pesticides and to provide information concerning pesticides.\\n (i) To recommend that the use of specific pesticides be prohibited\\nunder specified conditions.\\n (j) To consult and cooperate with the appropriate agencies of the\\nfederal government or of other states to more effectively carry out its\\nfunctions, powers and duties hereunder.\\n (k) To do all things necessary or reasonable to carry out the\\nforegoing functions, powers and duties.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "1607", "title" : "Cooperation with other departments", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1607", "activeDate" : "2014-09-22", "sequenceNo" : 618, "repealedDate" : null, "fromSection" : "1607", "toSection" : "1607", "text" : " § 1607. Cooperation with other departments. The board may request from\\nany department, division, board, bureau, commission or other agency of\\nthe state, and the same are authorized to provide, without additional\\ncompensation, such assistance, services and data as may be necessary to\\ncarry out the purpose of this article. The board may, within\\nappropriations available therefor, employ such other personnel as may be\\nnecessary to carry out its responsibilities under this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "1608", "title" : "Loans and grants", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1608", "activeDate" : "2014-09-22", "sequenceNo" : 619, "repealedDate" : null, "fromSection" : "1608", "toSection" : "1608", "text" : " § 1608. Loans and grants. The board shall have the power to accept\\nand administer loans and grants from the federal government and other\\nsources, public or private, for carrying out its functions under this\\narticle.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "1609", "title" : "Conflicting laws", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1609", "activeDate" : "2014-09-22", "sequenceNo" : 620, "repealedDate" : null, "fromSection" : "1609", "toSection" : "1609", "text" : " § 1609. Conflicting laws. Nothing in this article shall be deemed to\\nderogate or detract from the functions, powers and duties of any\\ndepartment or agency of the state prescribed by law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 9 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A20", "title" : "Reporting of Alzheimer's Disease", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "20", "activeDate" : "2014-09-22", "sequenceNo" : 621, "repealedDate" : null, "fromSection" : "2000", "toSection" : "2004-A", "text" : " ARTICLE 20\\n REPORTING OF ALZHEIMER'S DISEASE\\nSection 2000. Definition.\\n 2001. Physicians and facilities; duty to report.\\n 2002. Contents of report.\\n 2003. Duties of department.\\n 2004. Duties of commissioner.\\n 2004-a. Coordinating council for services related to Alzheimer's\\n disease and other dementia.\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2000", "title" : "Definition", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2000", "activeDate" : "2014-09-22", "sequenceNo" : 622, "repealedDate" : null, "fromSection" : "2000", "toSection" : "2000", "text" : " § 2000. Definition. As used in this article, \"facility\" shall mean\\nany governmental or private agency, department, institution, clinic,\\nlaboratory, hospital, nursing care facility, health maintenance\\norganization, association or other similar entity that provides medical\\ncare.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2001", "title" : "Physicians and facilities; duty to report", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2001", "activeDate" : "2014-09-22", "sequenceNo" : 623, "repealedDate" : null, "fromSection" : "2001", "toSection" : "2001", "text" : " § 2001. Physicians and facilities; duty to report. An attending\\nphysician or a person representing or employed by a facility as defined\\nby the commissioner shall report the existence of Alzheimer's disease to\\nthe department when the physician or other person diagnoses or confirms\\nthe presence of that illness.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2002", "title" : "Contents of report", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2002", "activeDate" : "2014-09-22", "sequenceNo" : 624, "repealedDate" : null, "fromSection" : "2002", "toSection" : "2002", "text" : " § 2002. Contents of report. The report as set forth in section two\\nthousand one of this article shall be designated an Alzheimer's disease\\nreport and shall contain information which the commissioner establishes\\nas necessary to identify, locate and investigate the occurrence,\\nfrequency, incidence, cause, effect and prognosis of Alzheimer's\\ndisease, and other relevant data and findings with respect thereto.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2003", "title" : "Duties of department", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2003", "activeDate" : "2014-09-22", "sequenceNo" : 625, "repealedDate" : null, "fromSection" : "2003", "toSection" : "2003", "text" : " § 2003. Duties of department. 1. Alzheimer's disease reports and data\\nshall be maintained by the department in a manner suitable for research\\npurposes, and shall be made available to persons as set forth in\\nsubdivision two of this section.\\n 2. Notwithstanding any inconsistent provision of law, all information\\ncollected pursuant to this article shall be confidential insofar as the\\nidentity of the individual patient is concerned and shall be used solely\\nfor the purposes as provided in this article. Access to the information\\nshall be limited to the authorized employees of the department and\\npersons with a valid scientific interest and qualifications, as defined\\nby the commissioner, who are engaged in demographic, epidemiological or\\nother similar studies related to health, and who agree, in writing, to\\nmaintain confidentiality as established by the commissioner.\\n 3. The department shall maintain an accurate record of all persons who\\nare given access to the information contained in the Alzheimer's disease\\nreports. The record shall include the name of the person authorizing\\naccess, the name, title and organizational affiliation of persons given\\naccess, dates of access, and the specific purpose for which information\\nis to be used. The record of access shall be open to public inspection\\nduring normal operating hours of the department.\\n 4. Any person who, in violation of a written agreement to maintain\\nconfidentiality, discloses any information provided pursuant to this\\nsection, or who uses information provided pursuant to this section in a\\nmanner other than that prescribed by the commissioner, may be denied\\nfurther access to any confidential information maintained by the\\ndepartment.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2004", "title" : "Duties of commissioner", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2004", "activeDate" : "2014-09-22", "sequenceNo" : 626, "repealedDate" : null, "fromSection" : "2004", "toSection" : "2004", "text" : " § 2004. Duties of commissioner. The commissioner shall promulgate\\nrules and regulations to implement the provisions of this article,\\nincluding but not limited to:\\n 1. defining a person representing or employed by a facility and\\ndefining a person with a valid scientific interest;\\n 2. establishing the form, content and manner of filing the Alzheimer's\\ndisease report;\\n 3. prescribing the permissible uses for the information made available\\npursuant to this article; and\\n 4. establishing procedures to maintain the confidentiality of\\ninformation provided to persons pursuant to this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2004-A", "title" : "Coordinating council for services related to Alzheimer's disease and other dementia", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2019-12-20" ], "docLevelId" : "2004-A", "activeDate" : "2014-09-22", "sequenceNo" : 627, "repealedDate" : null, "fromSection" : "2004-A", "toSection" : "2004-A", "text" : " § 2004-a. Coordinating council for services related to Alzheimer's\\ndisease and other dementia. 1. There is hereby created in the department\\nof health a coordinating council for services related to Alzheimer's\\ndisease and other dementia, to facilitate interagency planning and\\npolicy, review specific agency initiatives for their impact on services\\nrelated to the care of persons with dementia and their families, and\\nprovide a continuing forum for concerns and discussion related to the\\nformulation of a comprehensive state policy relating to Alzheimer's\\ndisease and services for persons with incurable dementia.\\n 2. The council shall be comprised of twenty-one members as follows:\\nthe commissioner of health, the director of the state office for the\\naging, the commissioner of children and family services, the\\ncommissioner of education, the commissioner of mental health and the\\ncommissioner of mental retardation and developmental disabilities who\\nshall serve ex officio and who may designate representatives to act on\\ntheir behalf. The governor shall appoint seven other members with\\nexpertise in Alzheimer's disease, other dementia or elder care issues,\\nat least two of whom shall represent not-for-profit corporations whose\\nprimary purpose is to provide access to experts in the care of persons\\nwith Alzheimer's disease and related dementia, that are part of a\\nstatewide network of not-for-profit corporations established\\nspecifically to respond at the local and regional level to the needs of\\nthis population and that provide family intervention services related to\\nAlzheimer's disease in order to postpone or prevent nursing home\\nplacements of individuals with Alzheimer's disease or other dementia.\\nEight members shall be appointed by the governor on the recommendation\\nof the legislative leaders as follows: the temporary president of the\\nsenate and the speaker of the assembly shall each recommend three\\nmembers to the council. One of the three members recommended by the\\ntemporary president and one of the three members recommended by the\\nspeaker shall be a clinical or research expert in the field of dementia\\nand one of the three members appointed by each shall be a family member\\nor caregiver of a person suffering from Alzheimer's disease or other\\ndementia. One member shall be appointed on the recommendation of the\\nminority leader of the senate and one member shall be appointed on the\\nrecommendation of the minority leader of the assembly. The commissioner\\nof health and the director of the office for the aging shall serve, ex\\nofficio, as co-chairs of the council. Administrative duties shall be the\\nresponsibility of the department. The members of the council shall\\nreceive no compensation for their services.\\n 3. Within one year after the effective date of this section, the\\ncouncil shall establish community forums to gain input from consumers,\\nproviders, key researchers in the field and other interested parties to\\nprovide input and direction on developing a New York state plan for the\\nidentification and treatment of Alzheimer's disease in the community. A\\ncommunity forum shall be established in each of the following regions of\\nthe state: Long Island, New York city, Northern Metropolitan New York,\\nNortheastern New York, Utica area, Central New York, Rochester area and\\nWestern New York. Such state plan shall include but not be limited to\\nidentifying best practices in working with persons with Alzheimer's\\ndisease, best interventions for caregivers to help reduce caregiver\\nburnout, best approaches to training doctors, nurses and other medical\\nand non-medical professionals and paraprofessionals to identify\\nAlzheimer's disease, a community assessment of strengths and gaps in\\ncommunity support services, ways in which to coordinate services among\\nvarious systems, different financing approaches to pay for community\\nsupport services and any other recommendations.\\n 4. (a) The council shall meet quarterly or more frequently if its\\nbusiness shall require. The community forums in the first year of\\nimplementation count as a formal meeting of the council. The members of\\nthe council shall receive no compensation but shall be reimbursed for\\ntravel and other expenses actually and necessarily incurred in the\\nperformance of their duties. The council shall provide reports to the\\ngovernor and the legislature on or before June thirtieth, two thousand\\nnine and by June thirtieth of every other year thereafter. Such reports\\nshall include recommendations for state policy relating to dementia and\\na review of services initiated and coordinated among public and private\\nagencies to meet the needs of persons with Alzheimer's disease and other\\ndementia and their families.\\n (b) The council shall additionally review and report upon the use of\\nclinically recognized, scientifically based, cognitive impairment\\nscreening tools used to identify signs of and individuals at-risk for\\ncognitive impairment, including Alzheimer's disease or other dementias,\\nin all settings of the health continuum. Such tools shall include but\\nnot be limited to tools approved and/or recognized by the Joint\\nCommission on Accreditation of Healthcare Organizations (JCAHO), Agency\\nfor Healthcare Research and Quality (AHRQ), the Centers for Medicare and\\nMedicaid Services (CMS), and others as determined by the council which\\nare used by health care providers, across all settings of the health\\ncontinuum. The council shall also review and report on best practices of\\nproviders concerning early identification of at-risk individuals and\\nreferral practices, the range of interventions and services available\\nfor the cognitively impaired, and shall report its assessment of the\\nneed and presence of such tools and practices in each sector of the\\nhealth continuum. The council shall further include in its reports any\\nfindings concerning potential gaps of identification and intervention\\nfor the cognitively impaired, the need for public education about\\ncognitive impairment, and recommendations to address that education\\nneed.\\n 5. The department shall serve as the focal point to develop\\ncomprehensive coordinated responses of the various state agencies with\\nregard to Alzheimer's disease and related dementia and thus help to\\nassure timely and appropriate responses to issues and problems. The\\ndepartment shall collaborate with the state office for the aging on\\nissues related to nonmedical support services for individuals with\\nAlzheimer's disease and other dementia and their caregivers. The\\ndepartment shall collaborate with other appropriate state agencies to\\nestablish a simplified coordinated assessment procedure for obtaining\\nneeded services for persons with Alzheimer's disease and other dementia.\\n 6. The department, in consultation with the council, shall utilize\\ndata and information compiled and maintained pursuant to this article to\\ncoordinate state funded research efforts to ensure the most efficient\\nuse of funds available for this purpose.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 6 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A20-A", "title" : "Alzheimer's Community Assistance Program", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "20-A", "activeDate" : "2014-09-22", "sequenceNo" : 628, "repealedDate" : null, "fromSection" : "2005", "toSection" : "2009", "text" : " ARTICLE 20-A\\n ALZHEIMER'S COMMUNITY ASSISTANCE PROGRAM\\nSection 2005. Legislative intent.\\n 2006. Grants.\\n 2007. Services to be provided.\\n 2008. Apportionment.\\n 2009. Availability of funds.\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2005", "title" : "Legislative intent", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2005", "activeDate" : "2014-09-22", "sequenceNo" : 629, "repealedDate" : null, "fromSection" : "2005", "toSection" : "2005", "text" : " § 2005. Legislative intent. 1. The legislature finds that Alzheimer's\\ndisease and related dementing illnesses which destroy certain vital\\ncells in the brain, currently affect more than four hundred thousand New\\nYorkers. Although these diseases are not limited to the elderly, medical\\nresearchers have projected that Alzheimer's disease and related diseases\\nof the brain will show a significant increase in numbers to coincide\\nwith the growth in the population of the elderly. Because of the\\ninability of persons with Alzheimer's and related dementias to live in\\nsafety or undertake even the simplest tasks of daily living without\\ncueing, assistance and/or supervision, this population requires a high\\nlevel of care throughout the moderate and advanced stages of the\\ndisease. The reconfiguration of the health care delivery system\\ncurrently underway necessitates special recognition of this patient\\npopulation which often, while sometimes otherwise physically healthy,\\ndemands this high level of care because of their cognitive impairment\\nand other dementia symptoms.\\n 2. In response to the needs of New York state's Alzheimer's community,\\nand stemming from within this community, a statewide network of\\nnot-for-profit corporations have been established, dedicated\\nspecifically to responding at the local level to the needs of this\\ncommunity. This network provides important support and educational\\nservices to caregivers of persons with Alzheimer's disease. Eighty\\npercent of all Alzheimer's care is provided at home and/or in the\\ncommunity, and is delivered by family caregivers. By supporting family\\ncaregivers and informal supports at home and in the community, costly\\ninstitutionalization can be significantly delayed or avoided altogether.\\nThis results in a more effective utilization of resources. It is the\\nintent of the legislature to encourage and foster such home and\\ncommunity-based assistance through this existing network of\\nnot-for-profit corporations. It is further important in this time of\\nchanging resources and resource allocation, to encourage this network to\\nwork closely with the department to ensure that the Alzheimer's\\ncommunity is appropriately educated and included with respect to all\\navailable health care options.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2006", "title" : "Grants", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2006", "activeDate" : "2014-09-22", "sequenceNo" : 630, "repealedDate" : null, "fromSection" : "2006", "toSection" : "2006", "text" : " § 2006. Grants. Subject to amounts expressly appropriated therefor,\\nthe commissioner is authorized to award grants to applicants approved by\\nthe department for the Alzheimer's Community Assistance Program (ACAP)\\nwhich is hereby established within the department. Applicants shall be\\nlimited to not-for-profit corporations which have as their primary\\npurpose providing family intervention services related to Alzheimer's\\ndisease, which are designed to postpone or prevent nursing home\\nplacements on a statewide basis.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2007", "title" : "Services to be provided", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2007", "activeDate" : "2014-09-22", "sequenceNo" : 631, "repealedDate" : null, "fromSection" : "2007", "toSection" : "2007", "text" : " § 2007. Services to be provided. The Alzheimer's Community Assistance\\nProgram shall undertake the following services:\\n 1. To establish and operate self-help support groups for family\\nmembers of persons with Alzheimer's disease residing at home.\\n 2. To provide training programs and support services for volunteers,\\nfamily members, and/or home health care workers enabling them to deliver\\nproper care for persons with Alzheimer's who reside at home and in the\\ncommunity.\\n 3. To assist in the development of day care programs and other\\nsuitable respite services which will provide congregate care for persons\\nwith Alzheimer's.\\n 4. To recruit, train and supervise volunteers who will provide in and\\nout-of-home respite care services to support family caregivers.\\n 5. To work with the department to distribute educational materials\\nregarding community resources and care options, including managed care\\nas it becomes available for persons with Alzheimer's disease.\\n 6. To undertake outreach to families with a member suffering from\\nAlzheimer's to participate in counseling, education and support.\\n 7. To work with the department of health to explore delivery\\nmechanisms for family intervention services to delay\\ninstitutionalization.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2008", "title" : "Apportionment", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2008", "activeDate" : "2014-09-22", "sequenceNo" : 632, "repealedDate" : null, "fromSection" : "2008", "toSection" : "2008", "text" : " § 2008. Apportionment. Grants awarded pursuant to this article in any\\ngiven fiscal year shall be apportioned out of the total funds\\nappropriated for this purpose, to applicants based on the size of the\\nAlzheimer's community served in proportion to the monies available as\\ndetermined by the department. All qualified applicants shall be\\nentitled to a grant on the foregoing basis unless an applicant is\\nreceiving funding through the Alzheimer's Community Assistance Program.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2009", "title" : "Availability of funds", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2009", "activeDate" : "2014-09-22", "sequenceNo" : 633, "repealedDate" : null, "fromSection" : "2009", "toSection" : "2009", "text" : " § 2009. Availability of funds. The funds appropriated pursuant to this\\narticle for services and expenses of the Alzheimer's Community\\nAssistance Program (ACAP) to serve persons with Alzheimer's disease and\\ntheir caregivers shall be made available to the commissioner for\\nexpenses incurred in carrying out the provisions of this article. Such\\nmonies shall be payable on the audit and warrant of the comptroller on\\nvouchers certified in the manner prescribed by law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 5 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A21", "title" : "Control of Acute Communicable Diseases", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22", "2015-11-06", "2021-01-01", "2023-01-06" ], "docLevelId" : "21", "activeDate" : "2015-11-06", "sequenceNo" : 634, "repealedDate" : null, "fromSection" : "2100", "toSection" : "2171", "text" : " ARTICLE 21\\n CONTROL OF ACUTE COMMUNICABLE DISEASES\\nTitle I. General provisions (§§ 2100-2112).\\n II. Control of patients (§§ 2120-2126).\\n III. Human Immunodeficiency Virus (§§ 2130-2139).\\n IV. Rabies (§§ 2140-2146).\\n V. Typhoid fever (§§ 2150-2153).\\n VI. Poliomyelitis and other diseases (§§ 2160-2168).\\n VII. Hepatitis C (§§ 2170-2171)\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A21T1", "title" : "General Provisions", "docType" : "TITLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1", "activeDate" : "2014-09-22", "sequenceNo" : 635, "repealedDate" : null, "fromSection" : "2100", "toSection" : "2112", "text" : " TITLE I\\n GENERAL PROVISIONS\\nSection 2100. Communicable diseases; local boards of health and health\\n officers; powers and duties.\\n 2101. Communicable diseases; physicians and institutions; duty\\n to report.\\n 2102. Communicable diseases; laboratory reports and records.\\n 2103. Communicable diseases; local health officers; duty to\\n report.\\n 2104. Communicable diseases; municipalities within a county or\\n part-county health district; duty to report.\\n 2105. Communicable diseases; state institutions; duty to report;\\n duty of commissioner.\\n 2106. Communicable diseases; almshouses; removal of inmates.\\n 2108. Communicable diseases; epidemic among Indians; state\\n charges.\\n 2109. Communicable diseases; municipal hospitals for;\\n establishment, inspection and regulation.\\n 2110. City of New York; exceptions.\\n 2111. Disease management demonstration programs.\\n 2112. Immunizations; prohibition on the use of mercury.\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2100", "title" : "Communicable diseases; local boards of health and health officers; powers and duties", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2100", "activeDate" : "2014-09-22", "sequenceNo" : 636, "repealedDate" : null, "fromSection" : "2100", "toSection" : "2100", "text" : " § 2100. Communicable diseases; local boards of health and health\\nofficers; powers and duties. 1. Every local board of health and every\\nhealth officer shall guard against the introduction of such communicable\\ndiseases as are designated in the sanitary code, by the exercise of\\nproper and vigilant medical inspection and control of all persons and\\nthings infected with or exposed to such diseases.\\n 2. Every local board of health and every health officer may:\\n (a) provide for care and isolation of cases of communicable disease in\\na hospital or elsewhere when necessary for protection of the public\\nhealth and,\\n (b) subject to the provisions of the sanitary code, prohibit and\\nprevent all intercourse and communication with or use of infected\\npremises, places and things, and require, and if necessary, provide the\\nmeans for the thorough purification and cleansing of the same before\\ngeneral intercourse with the same or use thereof shall be allowed.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2101", "title" : "Communicable diseases; physicians and institutions; duty to report", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2101", "activeDate" : "2014-09-22", "sequenceNo" : 637, "repealedDate" : null, "fromSection" : "2101", "toSection" : "2101", "text" : " § 2101. Communicable diseases; physicians and institutions; duty to\\nreport. 1. Every physician shall immediately give notice of every case\\nof communicable disease required by the department to be reported to it,\\nto the health officer of the local health district where such disease\\noccurs.\\n 2. If there be no physician in attendance on any case of communicable\\ndisease, it shall be the duty of the superintendent or other officer of\\nan institution, householder, hotel or lodging housekeeper, or other\\nperson where such case occurs, to give the notice of such case of\\ncommunicable disease required by the department to be reported to it, to\\nthe health officer of the local health district where such disease\\noccurs.\\n 3. The sanitary code may provide that when cases of certain\\ncommunicable diseases occur (a) in districts of less than fifty thousand\\npopulation not having a full-time health officer, or (b) in state\\ninstitutions or (c) in tuberculosis hospitals or sanitoria, such cases\\nshall be reported directly to the department or its district health\\nofficer.\\n 4. Such notice shall contain such information concerning the case as\\nshall be required by the sanitary code.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2102", "title" : "Communicable diseases; laboratory reports and records", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2102", "activeDate" : "2014-09-22", "sequenceNo" : 638, "repealedDate" : null, "fromSection" : "2102", "toSection" : "2102", "text" : " § 2102. Communicable diseases; laboratory reports and records. 1.\\nWhenever any laboratory examination discloses evidence of communicable\\ndisease, the results of such examination together with all required\\npertinent facts, shall be immediately reported by the person in charge\\nof the laboratory or the person making such examination to the local or\\nstate health official to whom the attending physician is required to\\nreport such case.\\n 2. The person in charge of such laboratory or the person making such\\nexamination shall keep for a period of time to be specified by the\\ncommissioner, a record of all the facts in connection with such\\nexamination, including the identity of the person from whom the specimen\\nis taken and the name of the physician, if any, sending such specimen.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2103", "title" : "Communicable diseases; local health officers; duty to report", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2103", "activeDate" : "2014-09-22", "sequenceNo" : 639, "repealedDate" : null, "fromSection" : "2103", "toSection" : "2103", "text" : " § 2103. Communicable diseases; local health officers; duty to report.\\nEvery local health officer shall report promptly to the department, all\\ncases of such communicable diseases as may be required by the department\\nto be reported to it. In lieu of the original reports, the health\\nofficer may submit summary reports when authorized by the department.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2104", "title" : "Communicable diseases; municipalities within a county or part-county health district; duty to report", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2104", "activeDate" : "2014-09-22", "sequenceNo" : 640, "repealedDate" : null, "fromSection" : "2104", "toSection" : "2104", "text" : " § 2104. Communicable diseases; municipalities within a county or\\npart-county health district; duty to report. 1. The health officer of\\neach city, village, town and consolidated health district included as\\npart of any county or part-county health district, shall transmit daily\\nall original reports of communicable disease cases to the county health\\ncommissioner.\\n 2. The county health commissioner shall transmit to the department the\\noriginal reports of communicable disease cases within twenty-four hours\\nafter he receives them.\\n 3. In lieu thereof, he may submit summary reports when authorized by\\nthe department.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2105", "title" : "Communicable diseases; state institutions; duty to report; duty of commissioner", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2105", "activeDate" : "2014-09-22", "sequenceNo" : 641, "repealedDate" : null, "fromSection" : "2105", "toSection" : "2105", "text" : " § 2105. Communicable diseases; state institutions; duty to report;\\nduty of commissioner. 1. It shall be the duty of the director or person\\nin charge of each state institution to report immediately an outbreak of\\na communicable disease in such institution to the commissioner and as\\nmay otherwise be provided in the sanitary code.\\n 2. Upon receipt of a report from a state institution of the outbreak\\nof a communicable disease in said institution, the commissioner shall\\nadvise the director or person in charge of the institution as to the\\nbest means to control said disease effectually.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2106", "title" : "Communicable diseases; almshouses; removal of inmates", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2106", "activeDate" : "2014-09-22", "sequenceNo" : 642, "repealedDate" : null, "fromSection" : "2106", "toSection" : "2106", "text" : " § 2106. Communicable diseases; almshouses; removal of inmates. If a\\ncommunicable disease exists in any home operated by a public welfare\\ndistrict or in the vicinity thereof, and the physician thereof shall\\ncertify that such disease is likely to endanger the health of the\\ninmates thereof, the public welfare commissioner of the district may\\ncause such inmates or any of them to be removed to such other suitable\\nplace in the county as the local board of health of the health district\\nwhere the almshouse is situated may designate, there to be maintained\\nand provided for at the expense of the county, with all necessary\\nmedical care and attendance until they shall be safely returned to such\\nhome or otherwise discharged.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2108", "title" : "Communicable diseases; epidemic among Indians; state charges", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2108", "activeDate" : "2014-09-22", "sequenceNo" : 643, "repealedDate" : null, "fromSection" : "2108", "toSection" : "2108", "text" : " § 2108. Communicable diseases; epidemic among Indians; state charges.\\n1. Whenever an epidemic of a communicable disease shall prevail among\\nthe Indians of any nation, tribe or band in this state, the public\\nwelfare official of the welfare district in which the reservation of\\nsuch nation, tribe or band, is wholly or partly situated, may in\\naccordance with rules and regulations adopted by the commissioner, cause\\nneeded medical attendance, provisions and maintenance to be furnished to\\nany indigent Indian residing in the town, who, or a member of whose\\nfamily, is afflicted with such disease, while such disease shall\\ncontinue. The cost thereof after being audited as herein provided shall\\nbe a state charge.\\n 2. A verified statement of any expenses incurred under this section\\nshall be transmitted by the public welfare official to the commissioner.\\nThe commissioner shall examine into the matter, and if satisfied that\\nsuch expenses were properly and necessarily incurred in accordance with\\nhis rules and regulations, he shall approve the same; and the amount\\nthereof, after audit by the comptroller, shall be paid from the state\\ntreasury on the warrant of the comptroller to such public welfare\\nofficial.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2109", "title" : "Communicable diseases; municipal hospitals for; establishment, inspection and regulation", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2109", "activeDate" : "2014-09-22", "sequenceNo" : 644, "repealedDate" : null, "fromSection" : "2109", "toSection" : "2109", "text" : " § 2109. Communicable diseases; municipal hospitals for; establishment,\\ninspection and regulation. 1. The commissioner shall from time to time\\nsubmit to the authorities of the several municipalities or counties of\\nthe state such recommendations as he may consider necessary as to the\\nestablishment of hospitals for communicable diseases, indicating the\\ndiseases for which in his judgment provision should be made and the\\nextent of such provision.\\n 2. It shall be the duty of the commissioner to inspect from time to\\ntime all hospitals for communicable diseases maintained under the\\njurisdiction of any municipal or county authority and to report as to\\nthe condition and needs of such hospitals to the authorities of the\\nmunicipality or county, and to include an abstract of such reports in\\nhis annual report.\\n 3. The public health council may from time to time establish\\nregulations in the sanitary code for the maintenance of hospitals for\\ncommunicable diseases.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2110", "title" : "City of New York; exceptions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2110", "activeDate" : "2014-09-22", "sequenceNo" : 645, "repealedDate" : null, "fromSection" : "2110", "toSection" : "2110", "text" : " § 2110. City of New York; exceptions. The provisions of sections two\\nthousand one hundred to two thousand one hundred eight of this chapter,\\ninclusive, shall not apply to the city of New York.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2111", "title" : "Disease management demonstration programs", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2111", "activeDate" : "2014-09-22", "sequenceNo" : 646, "repealedDate" : null, "fromSection" : "2111", "toSection" : "2111", "text" : " § 2111. Disease management demonstration programs. 1. The department\\nmay establish disease management demonstration programs through a\\nrequest for proposals process to enhance the quality and\\ncost-effectiveness of care rendered to medicaid-eligible persons with\\nchronic health problems whose care and treatment, because of one or more\\nhospitalizations, multiple disabling conditions requiring residential\\ntreatment or other health care requirements, results in high medicaid\\nexpenditures. In order to be eligible to sponsor and to undertake a\\ndisease management demonstration program, the proposed sponsor may be a\\nnot-for-profit, for-profit or local government organization that has\\ndemonstrated expertise in the management or coordination of care to\\npersons with chronic diseases or that has the experience of providing\\ncost-effective community-based care to such patients, or in the case of\\na local government organization, has expressed a strong willingness to\\nsponsor such a program. The department may also approve disease\\nmanagement demonstration programs which include, but are not limited to,\\nthe promotion of adherence to evidence-based guidelines, improvement of\\nprovider and patient communication and provide information on provider\\nand beneficiary utilization of services. The department shall grant no\\nfewer than six demonstration programs, no more than one-third of such\\nprograms shall be selected to provide these services in any single\\nsocial services district; provided further, where the department grants\\nless than six demonstration programs, no more than one such program\\nshall be selected to provide these services in any single social\\nservices district. The department shall approve disease management\\ndemonstration programs which are geographically diverse and\\nrepresentative of both urban and rural social services districts. The\\nprogram sponsor must establish, to the satisfaction of the department,\\nits capacity to enroll and serve sufficient numbers of enrollees to\\ndemonstrate the cost-effectiveness of the demonstration program.\\n 2. The department shall establish the criteria by which individuals\\nwill be identified as eligible for enrollment in the demonstration\\nprograms. Persons eligible for enrollment in the disease management\\ndemonstration program shall be limited to individuals who: receive\\nmedical assistance pursuant to title eleven of article five of the\\nsocial services law and may be eligible for benefits pursuant to title\\n18 of the social security act (Medicare); are not enrolled in a Medicaid\\nmanaged care plan, including individuals who are not required or not\\neligible to participate in Medicaid managed care programs pursuant to\\nsection three hundred sixty-four-j of the social services law; are\\ndiagnosed with chronic health problems as may be specified by the entity\\nundertaking the demonstration program, including, but not limited to one\\nor more of the following: congestive heart failure, chronic obstructive\\npulmonary disease, asthma, diabetes or other chronic health conditions\\nas may be specified by the department; or have experienced or are likely\\nto experience one or more hospitalizations or are otherwise expected to\\nincur excessive costs and high utilization of health care services.\\n 3. Enrollment in a demonstration program shall be voluntary. A\\nparticipating individual may discontinue his or her enrollment at any\\ntime without cause. The commissioner shall review and approve all\\nenrollment and marketing materials for a demonstration program.\\n 4. The demonstration program shall offer evidence-based services and\\ninterventions designed to ensure that the enrollees receive high\\nquality, preventative and cost-effective care, aimed at reducing the\\nnecessity for hospitalization or emergency room care or at reducing\\nlengths of stay when hospitalization is necessary. The demonstration\\nprogram may include screening of eligible enrollees, developing an\\nindividualized care management plan for each enrollee and implementing\\nthat plan. Disease management demonstration programs that utilize\\ninformation technology systems that allow for continuous application of\\nevidence-based guidelines to medical assistance claims data and other\\navailable data to identify specific instances in which clinical\\ninterventions are justified and communicate indicated interventions to\\nphysicians, health care providers and/or patients, and monitor physician\\nand health care provider response to such interventions, shall have the\\nenrollees, or groups of enrollees, approved by the department for\\nparticipation. The services provided by the demonstration program as\\npart of the care management plan may include, but are not limited to,\\ncase management, social work, individualized health counselors,\\nmulti-behavioral goals plans, claims data management, health and\\nself-care education, drug therapy management and oversight, personal\\nemergency response systems and other monitoring technologies, telehealth\\nservices and similar services designed to improve the quality and\\ncost-effectiveness of health care services.\\n 5. The department shall be responsible for monitoring the quality,\\nappropriateness and cost-effectiveness of a demonstration program. The\\ndepartment shall utilize, to the extent possible, all potential sources\\nof funding for demonstration programs, including, but not limited to,\\nprivate payments and donations. All such funds shall be deposited by the\\ncommissioner and credited to the disease management account which shall\\nbe established by the comptroller in the special revenue-other fund.\\nAdditionally, to the extent of funds appropriated therefor, medical\\nassistance funds, including any funding or shared savings as may become\\navailable through federal waivers or otherwise under titles 18 and 19 of\\nthe federal social security act, may be used by the department for\\nexpenditures in support of the disease management program.\\n 6. Payments shall be made by the department to the entity responsible\\nfor the operation of the demonstration program on a fixed amount per\\nmember per month of enrollment and shall reimburse the program sponsor\\nfor the services rendered pursuant to subdivision four of this section.\\nThe amount paid shall be an amount reasonably necessary to meet the\\ncosts of providing such services, provided that the total amount paid\\nfor medical assistance to enrollees in any such disease management\\ndemonstration program, including any demonstration program expenditures,\\nshall not exceed ninety-five percent of the medical assistance\\nexpenditure related to such enrollee that would reasonably have been\\nanticipated if the enrollee had not been enrolled in such demonstration\\nprogram. The department may make payments to demonstration programs that\\nprovide administrative services only, provided that expenditures made\\nfor enrollees, or a group of enrollees, participating in the\\ndemonstration program shall provide sufficient savings as determined by\\nthe department, had the enrollees, or groups of enrollees, not been\\nenrolled in such demonstration. The department shall provide an interim\\nreport to the governor, and the legislature on or before December\\nthirty-first, two thousand six and a final report on or before December\\nthirty-first, two thousand seven on the results of demonstration\\nprograms. Both reports shall include findings as to the demonstration\\nprograms' contribution to improving quality of care and their\\ncost-effectiveness. In the final report, the department shall offer\\nrecommendations as to whether demonstration programs should be extended,\\nmodified, eliminated or made permanent.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2112", "title" : "Immunizations; prohibition on the use of mercury", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2112", "activeDate" : "2014-09-22", "sequenceNo" : 647, "repealedDate" : null, "fromSection" : "2112", "toSection" : "2112", "text" : " § 2112. Immunizations; prohibition on the use of mercury. 1. Except as\\notherwise provided in subdivisions two, three, four and five of this\\nsection, no person under three years of age and no woman who knows she\\nis pregnant shall be vaccinated with a vaccine that contains more than\\n0.5 micrograms of mercury per 0.5 milliliter dose.\\n 2. Persons under three years of age may be vaccinated with an\\ninfluenza vaccine that contains not more than 0.625 micrograms of\\nmercury per 0.25 milliliter dose.\\n 3. Women who know they are pregnant may be vaccinated with an\\ninfluenza vaccine that contains not more than 1.25 micrograms of mercury\\nper 0.50 milliliter dose; provided, however, that no provision of this\\nsection shall apply to the administration of influenza vaccine to women\\nwho know they are pregnant until and unless the commissioner makes a\\nyearly determination that there is an adequate supply of influenza\\nvaccine that contains not more than 1.25 micrograms of mercury per 0.50\\nmilliliter dose to meet anticipated demand.\\n 4. The commissioner may authorize the use of vaccines containing more\\nthan the mercury levels described in subdivisions one, two and three of\\nthis section when he or she determines it is necessary to prevent or\\nrespond to an outbreak of disease and there are insufficient amounts of\\nvaccine containing the mercury levels described in subdivision one, two\\nor three of this section to adequately protect the public health. Such\\nauthorization shall continue until the commissioner determines that the\\nthreat of an outbreak or the outbreak has ended.\\n 5. The commissioner may authorize the use of specific vaccines\\ncontaining more than the mercury levels described in subdivisions one,\\ntwo and three of this section when he or she determines that a vaccine\\nwith lower mercury levels is not available for distribution in this\\nstate, and the parent of a person under three years of age provides\\ninformed consent to administration of such vaccine to his or her child\\nor the woman who knows she is pregnant provides informed consent to the\\nadministration of such vaccine.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 12 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A21T2", "title" : "Control of Patients", "docType" : "TITLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2", "activeDate" : "2014-09-22", "sequenceNo" : 648, "repealedDate" : null, "fromSection" : "2120", "toSection" : "2125", "text" : " TITLE II\\n CONTROL OF PATIENTS\\nSection 2120. Communicable diseases; control of dangerous and careless\\n patients; commitment.\\n 2121. Communicable diseases; duty of committed patients;\\n discipline.\\n 2122. Communicable diseases; disorderly committed patients;\\n commitment to penal institution.\\n 2123. Communicable diseases; discharge of committed patient;\\n duty to report.\\n 2124. Communicable diseases; appeal by committed patient.\\n 2125. City of New York; exceptions.\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2120", "title" : "Communicable diseases; control of dangerous and careless patients; commitment", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2120", "activeDate" : "2014-09-22", "sequenceNo" : 649, "repealedDate" : null, "fromSection" : "2120", "toSection" : "2120", "text" : " § 2120. Communicable diseases; control of dangerous and careless\\npatients; commitment. 1. Whenever a complaint is made by a physician to\\na health officer that any person is afflicted with a communicable\\ndisease or is a carrier of typhoid fever, tuberculosis, diphtheria or\\nother communicable disease and is unable or unwilling to conduct himself\\nand to live in such a manner as not to expose members of his family or\\nhousehold or other persons with whom he may be associated to danger of\\ninfection, the health officer shall forthwith investigate the\\ncircumstances alleged.\\n 2. If the health officer finds after investigation that a person so\\nafflicted is a menace to others, he shall make and file a complaint\\nagainst such person with a magistrate, and on such complaint the said\\nperson shall be brought before such magistrate.\\n 3. The magistrate after due notice and a hearing, if satisfied that\\nthe complaint of the health officer is well founded and that the\\nafflicted person is a source of danger to others, may commit the said\\nperson to any hospital or institution established for the care of\\npersons suffering from any such communicable disease or maintaining a\\nroom, ward or wards for such persons.\\n 4. In making such commitment the magistrate shall make such order for\\npayment for the care and maintenance of the person committed as he may\\ndeem proper.\\n 5. A person who is committed pursuant to the provisions of this\\nsection shall be deemed to be committed until discharged in the manner\\nauthorized by section two thousand one hundred twenty-three of this\\nchapter.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2121", "title" : "Communicable diseases; duty of committed patients; discipline", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2121", "activeDate" : "2014-09-22", "sequenceNo" : 650, "repealedDate" : null, "fromSection" : "2121", "toSection" : "2121", "text" : " § 2121. Communicable diseases; duty of committed patients; discipline.\\n1. Every person committed under the provisions of this article shall\\nobserve all the rules and regulations of the hospital or institution to\\nwhich he is committed.\\n 2. Any person so committed who neglects or refuses to obey the rules\\nand regulations of the institution may by direction of the chief medical\\nofficer of the institution be placed apart from the other patients.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2122", "title" : "Communicable diseases; disorderly committed patients; commitment to penal institution", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2021-08-13" ], "docLevelId" : "2122", "activeDate" : "2014-09-22", "sequenceNo" : 651, "repealedDate" : null, "fromSection" : "2122", "toSection" : "2122", "text" : " § 2122. Communicable diseases; disorderly committed patients;\\ncommitment to penal institution. 1. Any person who has been committed\\nto a hospital or institution pursuant to the provisions of section two\\nthousand one hundred twenty of this chapter, who thereafter wilfully\\nviolates the rules and regulations of the institution or repeatedly\\nconducts himself in a disorderly manner may be taken before a magistrate\\nby the order of the chief medical officer of the institution.\\n 2. The chief medical officer of the institution may enter a complaint\\nagainst such person for disorderly conduct and the magistrate, after a\\nhearing and upon sufficient evidence of such disorderly conduct, may\\ncommit such person for a period not to exceed six months to any\\ninstitution to which persons convicted of disorderly conduct, vagrancy\\nor similar violations are committed.\\n 3. The authorities of the institution to which such person is\\ncommitted by the magistrate pursuant to the provisions of this section\\nshall keep such person separate and apart from the other inmates.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2123", "title" : "Communicable diseases; discharge of committed patient; duty to report", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2123", "activeDate" : "2014-09-22", "sequenceNo" : 652, "repealedDate" : null, "fromSection" : "2123", "toSection" : "2123", "text" : " § 2123. Communicable diseases; discharge of committed patient; duty to\\nreport. 1. The chief medical officer of the hospital or other\\ninstitution to which any person who has been committed pursuant to the\\nprovisions of section two thousand one hundred twenty of this chapter\\nupon signing and placing among the permanent records of such hospital or\\ninstitution a statement to the effect that such person has obeyed the\\nrules and regulations of such hospital or institution, and that in his\\njudgment such person may be discharged without danger to the health or\\nlife of others, or for any other reason stated in full which he may deem\\nadequate and sufficient, may discharge the person so committed.\\n 2. The chief medical officer shall report each such discharge together\\nwith a full statement of the reasons therefor at once to the health\\nofficer of the local health district from which the patient came and at\\nthe next meeting of the board of managers or other controlling authority\\nof such hospital or institution.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2124", "title" : "Communicable diseases; appeal by committed patient", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2124", "activeDate" : "2014-09-22", "sequenceNo" : 653, "repealedDate" : null, "fromSection" : "2124", "toSection" : "2124", "text" : " § 2124. Communicable diseases; appeal by committed patient. Nothing\\ncontained in this article shall be construed to prohibit any person\\ncommitted to any institution pursuant to its provisions from appealing\\nto any court having jurisdiction, for a review of the evidence on which\\ncommitment was made.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2125", "title" : "City of New York; exceptions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2125", "activeDate" : "2014-09-22", "sequenceNo" : 654, "repealedDate" : null, "fromSection" : "2125", "toSection" : "2125", "text" : " § 2125. City of New York; exceptions. The provisions of sections two\\nthousand one hundred twenty to two thousand one hundred twenty-four of\\nthis chapter, inclusive, shall not apply to the city of New York.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 6 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A21T3", "title" : "Human Immunodeficiency Virus", "docType" : "TITLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3", "activeDate" : "2014-09-22", "sequenceNo" : 655, "repealedDate" : null, "fromSection" : "2130", "toSection" : "2139", "text" : " TITLE III\\n HUMAN IMMUNODEFICIENCY VIRUS\\nSection 2130. AIDS and HIV infection; duty to report.\\n 2131. Municipal health commissioner; duty to report.\\n 2132. Reporting of HIV infection after death.\\n 2133. Contact tracing of cases of AIDS, HIV related illness or\\n HIV infection.\\n 2134. Disclosure of medical information.\\n 2135. Confidentiality.\\n 2136. Liability.\\n 2137. Domestic violence recognition.\\n 2138. Anonymous testing.\\n 2139. Rules and regulations.\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2130", "title" : "AIDS and HIV infection; duty to report", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2130", "activeDate" : "2014-09-22", "sequenceNo" : 656, "repealedDate" : null, "fromSection" : "2130", "toSection" : "2130", "text" : " § 2130. AIDS and HIV infection; duty to report. 1. Every physician or\\nother person authorized by law to order diagnostic tests or make a\\nmedical diagnosis, or any laboratory performing such tests shall\\nimmediately (a) upon determination that a person is infected with human\\nimmunodeficiency virus (HIV), (b) upon diagnosis that a person is\\nafflicted with the disease known as acquired immune deficiency syndrome\\n(AIDS), (c) upon diagnosis that a person is afflicted with HIV related\\nillness, and (d) upon periodic monitoring of HIV infection by any\\nlaboratory tests report such case or data to the commissioner.\\n 2. The commissioner shall promptly forward such report to the health\\ncommissioner of the municipality where such disease, illness or\\ninfection occurred. When cases of such disease, illness or infection\\noccur in a municipality not having a health commissioner, such reports\\nshall be forwarded directly to the district health officer.\\n 3. Such report shall contain such information concerning the case as\\nshall be required by the commissioner. Such report shall include\\ninformation identifying the protected individual as well as the names,\\nif available, of any contacts of the protected individual, as defined in\\nsubdivision ten of section twenty-seven hundred eighty of this chapter,\\nknown to the physician or provided to the physician by the infected\\nperson.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2131", "title" : "Municipal health commissioner; duty to report", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2131", "activeDate" : "2014-09-22", "sequenceNo" : 657, "repealedDate" : null, "fromSection" : "2131", "toSection" : "2131", "text" : " § 2131. Municipal health commissioner; duty to report. If any contact\\nresides in a county or district other than the one where the protected\\nindividual is found, the health officer receiving the report shall refer\\nthe contact report to the health officer in the county or district where\\nthe contact resides, who shall then make a good faith effort to notify\\nsuch contact and otherwise comply with the provisions of section\\ntwenty-one hundred thirty-three of this title.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2132", "title" : "Reporting of HIV infection after death", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2132", "activeDate" : "2014-09-22", "sequenceNo" : 658, "repealedDate" : null, "fromSection" : "2132", "toSection" : "2132", "text" : " § 2132. Reporting of HIV infection after death. If a coroner,\\npathologist, medical examiner, or other person qualified to conduct an\\nexamination of a deceased person discovers that at the time of death the\\nindividual was afflicted with AIDS, HIV related illness or HIV\\ninfection, he or she shall report the case promptly to the commissioner\\naccording to the manner provided in this title as if the diagnosis had\\nbeen established prior to death.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2133", "title" : "Contact tracing of cases of AIDS, HIV related illness or HIV infection", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2133", "activeDate" : "2014-09-22", "sequenceNo" : 659, "repealedDate" : null, "fromSection" : "2133", "toSection" : "2133", "text" : " § 2133. Contact tracing of cases of AIDS, HIV related illness or HIV\\ninfection. 1. Every municipal health commissioner or the department's\\ndistrict health officer, upon determination that such reported case or,\\nany other known case of HIV infection merits contact tracing in order to\\nprotect the public health, shall personally or through their qualified\\nrepresentatives notify the known contacts of the protected individual.\\nSuch contact tracing shall be done consistent with protocols developed\\npursuant to section twenty-one hundred thirty-seven of this title.\\n 2. Such contact shall also be informed of (a) the nature of HIV, (b)\\nthe known routes of transmission of the virus, (c) as circumstances may\\nrequire, the risks of prenatal and perinatal transmission, (d) actions\\nhe or she can take to limit further transmission of the virus, (e) other\\nfacilities or community based organizations which are accessible to the\\nperson that provide counseling, medical care and treatment, further\\ninformation or other appropriate services for persons infected with HIV.\\n 3. In notifying any contact identified in the course of any\\ninvestigation conducted pursuant to this section, the physician or\\npublic health officer shall not disclose the identity of the protected\\nindividual or the identify of any other contact.\\n 4. A physician or public health officer making a notification to a\\ncontact pursuant to this section shall make such notification in person\\nexcept where circumstances reasonably prevent doing so.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2134", "title" : "Disclosure of medical information", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2134", "activeDate" : "2014-09-22", "sequenceNo" : 660, "repealedDate" : null, "fromSection" : "2134", "toSection" : "2134", "text" : " § 2134. Disclosure of medical information. Disclosure of medical\\ninformation obtained in accordance with this title, including a\\ndiagnosis of HIV infection, may be made only to (a) the protected\\nindividual, (b) the municipal health commissioner or district health\\nofficer if such commissioner or officer is not the examining physician,\\nand (c) without specifically revealing the identity of the protected\\nindividual, contacts as defined pursuant to subdivision ten of section\\ntwenty-seven hundred eighty of this chapter.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2135", "title" : "Confidentiality", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2135", "activeDate" : "2014-09-22", "sequenceNo" : 661, "repealedDate" : null, "fromSection" : "2135", "toSection" : "2135", "text" : " § 2135. Confidentiality. All reports or information secured by the\\ndepartment, municipal health commissioner or district health officer\\nunder the provisions of this title shall be confidential except: (a) in\\nso far as is necessary to carry out the provisions of this title; (b)\\nwhen used in the aggregate, without patient specific identifying\\ninformation, in programs approved by the commissioner for the\\nimprovement of the quality of medical care provided to persons with\\nHIV/AIDS; (c) when used within the state or local health department by\\npublic health disease programs to assess co-morbidity or completeness of\\nreporting and to direct program needs, in which case patient specific\\nidentifying information shall not be disclosed outside the state or\\nlocal health department; or (d) when used for purposes of patient\\nlinkage and retention in care, patient specific identified information\\nmay be shared between local and state health departments and health care\\nproviders currently treating the patient as approved by the\\ncommissioner.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2136", "title" : "Liability", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2136", "activeDate" : "2014-09-22", "sequenceNo" : 662, "repealedDate" : null, "fromSection" : "2136", "toSection" : "2136", "text" : " § 2136. Liability. 1. Good faith reporting or disclosure pursuant to\\nthis title shall not constitute libel or slander or a violation of the\\nright of privacy or privileged communication.\\n 2. Any person who in good faith complies with this title shall be\\nimmune from civil and criminal liability for any action taken in\\ncompliance with its provisions.\\n 3. No criminal or civil liability shall arise against any protected\\nindividual solely due to his or her failure to cooperate in contact\\ntracing conducted pursuant to section twenty-one hundred thirty-three of\\nthis title.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2137", "title" : "Domestic violence recognition", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2137", "activeDate" : "2014-09-22", "sequenceNo" : 663, "repealedDate" : null, "fromSection" : "2137", "toSection" : "2137", "text" : " § 2137. Domestic violence recognition. The department shall, in\\nconsultation with the office for the prevention of domestic violence and\\nstatewide organizations and community based organizations, develop a\\nprotocol for the identification and screening of victims of domestic\\nviolence who may either be a protected individual or a contact as used\\nin this title.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2138", "title" : "Anonymous testing", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2138", "activeDate" : "2014-09-22", "sequenceNo" : 664, "repealedDate" : null, "fromSection" : "2138", "toSection" : "2138", "text" : " § 2138. Anonymous testing. Nothing in this article shall be\\ninterpreted to eliminate the anonymous testing option provided for in\\nsection twenty seven hundred eighty-one of this chapter.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2139", "title" : "Rules and regulations", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2139", "activeDate" : "2014-09-22", "sequenceNo" : 665, "repealedDate" : null, "fromSection" : "2139", "toSection" : "2139", "text" : " § 2139. Rules and regulations. The commissioner shall promulgate such\\nrules and regulations as shall be necessary and proper to effectuate the\\npurposes of this title.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 10 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A21T4", "title" : "Rabies", "docType" : "TITLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4", "activeDate" : "2014-09-22", "sequenceNo" : 666, "repealedDate" : null, "fromSection" : "2140", "toSection" : "2146", "text" : " TITLE IV\\n RABIES\\nSection 2140. Definitions.\\n 2141. Compulsory vaccination.\\n 2142. Rabies; emergency provisions.\\n 2143. Rabies; seizure and disposal; reports.\\n 2144. Rabies; county responsibility.\\n 2145. Rabies; services and expenses of suppression.\\n 2146. City of New York; exceptions.\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2140", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2021-08-13" ], "docLevelId" : "2140", "activeDate" : "2014-09-22", "sequenceNo" : 667, "repealedDate" : null, "fromSection" : "2140", "toSection" : "2140", "text" : " § 2140. Definitions. For the purpose of this title:\\n 1. \"Actively immunized\" shall mean that the animal has been injected\\nwith a rabies vaccine suitable to the species and which meets the\\nstandards prescribed by the United States department of agriculture for\\ninterstate sale and which was administered according to the\\nmanufacturer's instructions under the direction of a duly licensed\\nveterinarian not later than the expiration date on the package. Active\\nimmunization shall begin fourteen days following primary vaccination or\\nimmediately following a booster vaccination, and continue for the period\\nstated in the manufacturer's instructions.\\n 2. \"County\" shall mean a county of the state other than those in the\\ncity of New York.\\n 3. \"County health authority\" shall mean the county health agency.\\n 4. \"Domestic livestock\" includes cattle, goats, horses, donkeys,\\nmules, sheep, and swine.\\n 5. \"Certificate of immunization\" shall mean a signed statement issued\\nby the veterinarian containing the following information: name and\\naddress of the owner, date or dates of vaccination, type of vaccine\\nadministered and duration of immunity, amount and manner of\\nadministration, name of manufacturer of the vaccine, and the lot number\\nand expiration date of the vaccine. The certificate of immunization for\\ndomestic livestock may include multiple animals. The system of\\nidentification applicable to the livestock is to be used.\\n 6. \"Owner\" shall mean any person keeping, harboring, or having charge\\nor control of, or permitting any dog, cat or domesticated ferret to\\nremain on or be lodged or fed within such person's house, yard, or\\npremises. This term shall not apply to veterinarians or other\\nfacilities temporarily maintaining on their premises dogs, cats or\\ndomesticated ferrets owned by others for periods of no more than four\\nmonths or to the owner or occupant of property inhabited by a feral\\nanimal.\\n 7. \"Confinement and observation\" refers to the conditions under which\\napparently healthy dogs, cats, domesticated ferrets, and domestic\\nlivestock, which are not exhibiting symptoms of rabies, must be\\nmaintained to determine rabies status if such an animal has potentially\\nexposed a person to rabies, and the owner wishes to avoid euthanizing\\nand testing the animal. If the county health authority does not approve\\nhome confinement, the ten day confinement and observation period must\\ntake place, at owner's expense, at an appropriate facility such as an\\nanimal shelter, veterinarian's office, kennel or farm. The confinement\\nmust include (i) provisions to prevent escape of the animal during the\\nconfinement period and (ii) requirements that the owner notify the\\npublic health authority immediately if the animal becomes ill at anytime\\nduring confinement, and (iii) verification by the county health\\nauthority or their designee at the end of the ten day period that the\\nanimal is healthy. If a police work dog bites an individual in the\\ncourse of such dog's official duty the police department may apply for a\\nwaiver from confinement from the local department of health. As part of\\nsuch application for a waiver, the police department shall provide the\\nlocal health department with records of such dog's past vaccination for\\nrabies and proof that such dog's rabies vaccinations are up-to-date.\\n 8. \"Quarantine\" refers to a six month period of restriction for\\nanimals which are not actively immunized against rabies and have been\\nexposed to a potentially rabid animal, in accordance with applicable\\nregulations of the department. The quarantine must include provisions to\\nprevent escape of the animal during the quarantine period and to\\nminimize contacts with humans and other animals, and these provisions\\nmust be verified by the county health authority during and at the end of\\nthe six month period.\\n 9. \"Local residence\", under the conditions hereinafter specified,\\nshall mean any person who has his or her primary residence, secondary\\nresidence, vacation home or school within a county of the state of New\\nYork shall be deemed to have local residence in such county.\\n 10. \"Qualification on residence.\" Local residence shall not include\\nresidence:\\n (a) as an inmate of any state or federal prison, or\\n (b) on a military reservation.\\n 11. \"Initial treatment after human exposure to rabies\" shall mean\\nadministration of the first postexposure dose of rabies vaccine and,\\nwhen necessary, administration of rabies immune globulin.\\n 12. \"Animal control officer\" shall mean one or more persons designated\\nby the county health authority as having responsibility for animal\\ncontrol issues in the county. This responsibility may be delegated to\\nothers such as cities and towns, law enforcement agencies, animal\\nshelters, or private nuisance control officers.\\n 13. \"Feral animal\" shall mean any cat, dog or ferret that is born in\\nthe wild and is not socialized, is the offspring of an owned or feral\\ncat, dog or ferret and is not socialized, or is a formerly owned cat,\\ndog or ferret that has been abandoned and is no longer socialized.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2141", "title" : "Compulsory vaccination", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2141", "activeDate" : "2014-09-22", "sequenceNo" : 668, "repealedDate" : null, "fromSection" : "2141", "toSection" : "2141", "text" : " § 2141. Compulsory vaccination. 1. Every dog, cat and domesticated\\nferret shall be actively immunized against rabies in accordance with\\nregulations promulgated by the commissioner. Every dog, cat and\\ndomesticated ferret shall have all initial vaccinations administered no\\nlater than four months after birth. Every dog, cat and domesticated\\nferret shall have a second vaccination within one year of the first.\\nTerms of subsequent vaccine administration and duration of immunity must\\nbe in compliance with USDA licenses of vaccines used. The veterinarian\\nimmunizing or supervising any person authorized by law to immunize such\\nanimal shall provide the owner with a certificate of immunization\\nconsistent with the requirements of section one hundred nine of the\\nagriculture and markets law. The veterinarian immunizing or supervising\\nany person authorized by law to immunize such animal shall provide any\\npublic health official with the certificate of immunization in any case\\ninvolving a dog, cat or domesticated ferret which has been or may have\\nbeen exposed to rabies or in any case of possible exposure of a person\\nor another animal to rabies.\\n 2. Subdivision one of this section shall not apply to any feral animal\\nor any dog, cat or domesticated ferret:\\n (a) that is transported through the state and remains in the state\\nfifteen days or fewer;\\n (b) confined to the premises of an incorporated society devoted to the\\ncare of lost, stray or homeless animals;\\n (c) for which vaccination against rabies would adversely affect the\\nanimal's health, as determined by a licensed veterinarian; or\\n (d) confined for the purposes of research to the premises of a college\\nor other educational or research institution.\\n 3. (a) Every veterinarian providing treatment to a dog, cat or\\ndomesticated ferret shall verify, in accordance with standards\\nestablished by the commissioner, if such animal is actively immunized\\nagainst rabies or is exempt under subdivision two of this section. If\\nactive immunization or exemption cannot be verified, the veterinarian\\nshall immunize the animal at the owner's request.\\n (b) If the animal is exempt from the provisions of subdivision one of\\nthis section, pursuant to paragraph (c) of subdivision two of this\\nsection, the veterinarian shall provide the owner of the dog, cat or\\ndomesticated ferret with a certified statement verifying that the animal\\nis exempt from immunization because the immunization would adversely\\naffect the health of the animal, and verifying the nature and duration\\nof such exemption. The certified statement shall be in a form prescribed\\nby the commissioner and shall be consistent with the requirements of\\nsection one hundred nine of the agriculture and markets law. Medical\\nexemptions are to be renewed on an annual basis.\\n 4. The owning of a dog, cat or domesticated ferret by any person in\\nviolation of subdivision one of this section shall constitute a\\nviolation, and shall be subject to a fine not to exceed two hundred\\ndollars for each offense.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2142", "title" : "Rabies; emergency provisions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2142", "activeDate" : "2014-09-22", "sequenceNo" : 669, "repealedDate" : null, "fromSection" : "2142", "toSection" : "2142", "text" : " § 2142. Rabies; emergency provisions. Whenever the commissioner\\nconfirms an outbreak of the disease rabies in terrestrial animals in any\\ncounty or the vicinity thereof, the commissioner shall declare a rabies\\nalert for that area and so certify to the county or local health\\nauthorities or any local health district contained therein. It shall be\\nthe duty of the health officials to immediately and annually thereafter\\npublish a notice of the existence of the disease, together with a\\nsummary of the provisions of this title, in a newspaper generally\\ncirculated within the county or local health district, or to post\\nnotices in several conspicuous places, or both. Such certification shall\\nremain in force until such time as the commissioner confirms that the\\noutbreak is over.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2143", "title" : "Rabies; seizure and disposal; reports", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2143", "activeDate" : "2014-09-22", "sequenceNo" : 670, "repealedDate" : null, "fromSection" : "2143", "toSection" : "2143", "text" : " § 2143. Rabies; seizure and disposal; reports. Whenever the\\ncommissioner certifies a county to have a rabies alert pursuant to\\nsection twenty-one hundred forty-two of this title, any duly appointed\\ndog control officer, animal control officer, peace officer, police\\nofficer, or health officer for that area may seize and confine any dog,\\ncat or domesticated ferret found at large and may destroy a dog, cat or\\ndomesticated ferret found at large that is exhibiting symptoms of rabies\\nand cannot be seized without placing any person at serious risk of\\nphysical injury. Any duly appointed person who seizes, confines, or\\ndestroys a dog, cat or domesticated ferret pursuant to this section\\nshall immediately report in writing the facts relating thereto to the\\ncounty or local health authority.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2144", "title" : "Rabies; county responsibility", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2144", "activeDate" : "2014-09-22", "sequenceNo" : 671, "repealedDate" : null, "fromSection" : "2144", "toSection" : "2144", "text" : " § 2144. Rabies; county responsibility. Each county health authority is\\nrequired to develop a rabies control protocol that identifies and\\ncoordinates all activities within the county to accomplish a\\ncomprehensive rabies response. The county health authority shall have\\nresponsibility for the implementation of the protocol, including the\\ncoordination of the response to rabies issues by other local agencies.\\nThis protocol must be approved by the department and revised and updated\\nas directed by the department.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2145", "title" : "Rabies; services and expenses of suppression", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2022-12-02" ], "docLevelId" : "2145", "activeDate" : "2014-09-22", "sequenceNo" : 672, "repealedDate" : null, "fromSection" : "2145", "toSection" : "2145", "text" : " § 2145. Rabies; services and expenses of suppression. 1. The county\\nhealth authority is responsible for the services and expenses necessary\\nfor the suppression of human rabies. Suppression of human rabies shall\\ninclude, but not be limited to:\\n (a) availability at all times for prompt investigation of reports of\\npossible exposures to rabies of people, pets, or domestic livestock\\noccurring within the county, and to render authorization for human\\npostexposure treatment,\\n (b) making arrangements for appropriate disposition of the animals\\ninvolved, including confinement and observation, quarantines,\\nvaccination boosters, or euthanasia and testing,\\n (c) collection, preparation and submission of animal specimens to a\\nlaboratory approved by the commissioner for rabies diagnosis,\\n (d) verifying terms of confinement, observation and quarantines,\\n (e) authorized human postexposure treatment under the conditions\\nhereinafter specified, except that third party coverage or\\nindemnification shall first be applied against the cost of treatment,\\nand\\n (f) operation of rabies vaccination clinics free of charge for dogs,\\ncats and domesticated ferrets owned by persons with local residence.\\n 2. Under the conditions specified below, the county health authority\\nis responsible for authorized human postexposure treatment for all\\npersons exposed within the county, regardless of the location of the\\nperson's residence; except in any case where the person's county of\\nresidence has agreed to be responsible for such treatment in accordance\\nwith the provisions of this title. In addition, for persons with local\\nresidence who are exposed to rabies in New York city or out of state,\\nthe county health authority is responsible for that portion of treatment\\nthat occurs after such persons return to their local residences.\\n 3. Human postexposure treatment specifically authorized by the county\\nhealth authority shall be rendered by the provider or providers selected\\nby the county health authority, located within the county or the\\nvicinity thereof, and approved by the person's health insurance carrier\\nor managed care plan if pre-approval is required by the health insurance\\ncarrier or managed care plan, provided that:\\n (a) any person may, at his or her option, be treated at his or her own\\nexpense by the health care provider of his or her choice,\\n (b) the county health authority may, at its option, assume financial\\nresponsibility for necessary treatment rendered by other providers,\\n (c) the county shall authorize initial treatment from a provider or\\nproviders geographically accessible to the location of the exposed\\nperson at the time that treatment is determined to be necessary, and\\n (d) the county shall authorize post-initial treatment from a provider\\nor providers geographically accessible to the exposed person's residence\\nif the person returns to his or her residence during the course of\\ntreatment.\\n 4. Consent by any person to human postexposure treatment authorized by\\nthe county health authority shall constitute assignment of any third\\nparty health benefits to the county health authority and permission for\\nthe person's health care and insurance providers to release medical and\\nfinancial information regarding the treatment to the county health\\nauthority.\\n 5. Health care and insurance providers shall comply with any requests\\nby the county health authority for information regarding human\\npostexposure treatment rendered to an enrollee whose treatment was\\nauthorized by the county health authority.\\n 6. Under the terms of this title, the county health authority is not\\nresponsible for:\\n (a) services and expenses of human postexposure treatment that were\\nnot specifically authorized by the county health authority, except for\\ncompletion of treatment for their residents exposed and started on\\nrabies treatment in New York city or elsewhere outside of New York\\nstate,\\n (b) services and expenses of medical treatment unrelated to the\\nprevention of rabies infection such as wound suturing and measures to\\ncontrol bacterial infection of bite wounds, and\\n (c) expenses of preexposure rabies vaccination.\\n 7. A clinic for rabies vaccination for dogs, cats and domesticated\\nferrets of persons with local residence shall be conducted at least\\nevery four months within the county under the direction of the county\\ngovernment, by the health officials of the county and the several local\\nhealth districts within a county. Donations may be requested but not\\nrequired at the clinics. Any listing of costs in clinic announcements or\\nadvertisements must indicate that vaccinations are available free of\\ncharge, and that donations are optional. Counties may at their option\\nprovide vaccination clinic services to persons without county residence,\\nand may require a fee based on cost from these persons.\\n 8. Claims for services and expenses, approved by the county shall be\\npaid by the fiscal officer of the county from funds in his or her\\ncustody upon presentation of such claim, without further or other audit\\nor may be paid pursuant to the local finance law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2146", "title" : "City of New York; exceptions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2146", "activeDate" : "2014-09-22", "sequenceNo" : 673, "repealedDate" : null, "fromSection" : "2146", "toSection" : "2146", "text" : " § 2146. City of New York; exceptions. The provisions of sections two\\nthousand one hundred forty through two thousand one hundred forty-five\\nof this title, inclusive, shall not apply to the city of New York.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 7 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A21T5", "title" : "Typhoid Fever", "docType" : "TITLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "5", "activeDate" : "2014-09-22", "sequenceNo" : 674, "repealedDate" : null, "fromSection" : "2150", "toSection" : "2153", "text" : " TITLE V\\n TYPHOID FEVER\\nSection 2150. Typhoid fever; carriers; care and maintenance, in\\n institutions.\\n 2151. Typhoid fever; carriers; care and maintenance, privately.\\n 2152. Typhoid fever; carriers; care and maintenance, payment of\\n expenses.\\n 2153. City of New York; exceptions.\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2150", "title" : "Typhoid fever; carriers; care and maintenance, in institutions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2150", "activeDate" : "2014-09-22", "sequenceNo" : 675, "repealedDate" : null, "fromSection" : "2150", "toSection" : "2150", "text" : " § 2150. Typhoid fever; carriers; care and maintenance, in\\ninstitutions. Whenever any person is declared by the commissioner to be\\na carrier of typhoid fever bacilli and whenever, for the protection of\\nthe public health, the commissioner certifies to the necessity of\\ncontinued isolation; or, whenever, the sanitary code prohibits a carrier\\nof typhoid fever bacilli from engaging in his usual occupation, such\\nperson may be given hospital or institutional care under the\\nsurveillance of the local health officer at the expense of the state if\\nthe hospital or institution in the judgment of the commissioner is\\nproperly equipped for the care and maintenance of said person.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2151", "title" : "Typhoid fever; carriers; care and maintenance, privately", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2151", "activeDate" : "2014-09-22", "sequenceNo" : 676, "repealedDate" : null, "fromSection" : "2151", "toSection" : "2151", "text" : " § 2151. Typhoid fever; carriers; care and maintenance, privately.\\nWhen no hospital or institution is available for the care of a carrier\\nof typhoid fever bacilli in accordance with the provisions of section\\ntwo thousand one hundred fifty of this chapter, and when in the opinion\\nof the commissioner such person may be cared for at home or in a private\\nfamily with due regard to the protection of the public health, the\\ncommissioner may furnish necessary medical attendance and maintenance\\nand designate the agency or person through which such medical attendance\\nand maintenance shall be furnished.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2152", "title" : "Typhoid fever; carriers; care and maintenance, payment of expenses", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2152", "activeDate" : "2014-09-22", "sequenceNo" : 677, "repealedDate" : null, "fromSection" : "2152", "toSection" : "2152", "text" : " § 2152. Typhoid fever; carriers; care and maintenance, payment of\\nexpenses. 1. No expenditure for the purposes authorized in sections two\\nthousand one hundred fifty and two thousand one hundred fifty-one of\\nthis chapter, shall be contracted for or incurred by any agency or\\nperson until after such expense has been authorized and approved by the\\ncommissioner.\\n 2. (a) A verified statement of any such approved expense incurred\\npursuant to this section and sections two thousand one hundred fifty and\\ntwo thousand one hundred fifty-one of this chapter, shall be transmitted\\nto the commissioner.\\n (b) The commissioner shall examine the statement and if satisfied that\\nsuch authorized expenses are correct and necessary in accordance with\\nrules and regulations adopted by him he shall audit and allow the same\\nand when so audited the amount thereof shall be paid by the state\\ndepartment of taxation and finance, on the warrant of the state\\ncomptroller to the institution, agency or person.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2153", "title" : "City of New York; exceptions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2153", "activeDate" : "2014-09-22", "sequenceNo" : 678, "repealedDate" : null, "fromSection" : "2153", "toSection" : "2153", "text" : " § 2153. City of New York; exceptions. The provisions of sections two\\nthousand one hundred fifty to two thousand one hundred fifty-two of this\\nchapter, inclusive, shall not apply to the city of New York.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 4 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A21T6", "title" : "Poliomyelitis and Other Diseases", "docType" : "TITLE", "publishedDates" : [ "2014-09-22", "2015-11-06", "2023-01-06" ], "docLevelId" : "6", "activeDate" : "2015-11-06", "sequenceNo" : 679, "repealedDate" : null, "fromSection" : "2160", "toSection" : "2168", "text" : " TITLE VI\\n POLIOMYELITIS AND OTHER DISEASES\\nSection 2160. Poliomyelitis; persons twenty-one years of age and over;\\n medical inspection.\\n 2161. Poliomyelitis; persons twenty-one years of age and over;\\n care and maintenance.\\n 2162. Poliomyelitis; application of statute; city of New York.\\n 2164. Definitions; immunization against poliomyelitis, mumps,\\n measles, diphtheria, rubella, varicella, Haemophilus\\n influenzae type b (Hib), pertussis, tetanus,\\n pneumococcal disease, meningococcal disease, and\\n hepatitis B.\\n 2165. Immunization of certain post-secondary students.\\n 2166. Immunization; regulations.\\n 2167. Immunization against meningococcal meningitis.\\n 2168. Statewide immunization information system.\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2160", "title" : "Poliomyelitis; persons twenty-one years of age and over; medical inspection", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2160", "activeDate" : "2014-09-22", "sequenceNo" : 680, "repealedDate" : null, "fromSection" : "2160", "toSection" : "2160", "text" : " § 2160. Poliomyelitis; persons twenty-one years of age and over;\\nmedical inspection. In addition to the powers and duties prescribed by\\nsection two thousand one hundred of this chapter, every local board of\\nhealth and every health officer shall exercise proper and vigilant\\nmedical inspection of all persons twenty-one years of age or over,\\ninfected or who have been infected with poliomyelitis.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2161", "title" : "Poliomyelitis; persons twenty-one years of age and over; care and maintenance", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2161", "activeDate" : "2014-09-22", "sequenceNo" : 681, "repealedDate" : null, "fromSection" : "2161", "toSection" : "2161", "text" : " § 2161. Poliomyelitis; persons twenty-one years of age and over; care\\nand maintenance. Every county or part-county health commissioner, city\\nhealth officer in cities having more than fifty thousand population, and\\nstate district health officer shall, within their respective areas and\\nafter approval by the commissioner, provide at the remediable stages of\\nthe disease known as poliomyelitis, suitable surgical, medical or\\ntherapeutic treatment or hospital care, and necessary appliances and\\ndevices for all persons twenty-one years of age or over including\\nIndians residing on reservations, so infected or exposed who cannot\\notherwise be provided for. In a county the determination as to what\\npersons cannot otherwise be provided for and relevant matters shall be\\nmade by the board of supervisors of such county against which the same\\nis to be a charge and an investigation and report thereon to such board\\nupon which to make its determination shall be made by the public welfare\\ncommissioner or such other county officer, or committee of the board as\\nthe board of supervisors may designate by resolution. The charges\\napproved for such treatment shall be in full payment thereof and shall\\nbe accepted by the person or corporation furnishing such treatment as\\nfull payment and no such person or corporation shall ask or receive\\ndirectly or indirectly any other or additional compensation.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2162", "title" : "Poliomyelitis; application of statute; city of New York", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2162", "activeDate" : "2014-09-22", "sequenceNo" : 682, "repealedDate" : null, "fromSection" : "2162", "toSection" : "2162", "text" : " § 2162. Poliomyelitis; application of statute; city of New York.\\nNotwithstanding any other provision of this chapter or any other\\ngeneral, special or local law, the terms \"local board of health\" and\\n\"health officers\" as used in sections two thousand one hundred sixty and\\ntwo thousand one hundred sixty-one of this chapter shall include the\\ndepartment of health of the city of New York.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2164", "title" : "Definitions; immunization against poliomyelitis, mumps, measles, diphtheria, rubella, varicella, Haemophilus influenzae type b (Hib), per...", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-11-06", "2019-06-21", "2021-09-17", "2026-05-22" ], "docLevelId" : "2164", "activeDate" : "2019-06-21", "sequenceNo" : 683, "repealedDate" : null, "fromSection" : "2164", "toSection" : "2164", "text" : " § 2164. Definitions; immunization against poliomyelitis, mumps,\\nmeasles, diphtheria, rubella, varicella, Haemophilus influenzae type b\\n(Hib), pertussis, tetanus, pneumococcal disease, meningococcal disease,\\nand hepatitis B. 1. As used in this section, unless the context requires\\notherwise:\\n a. The term \"school\" means and includes any public, private or\\nparochial child caring center, day nursery, day care agency, nursery\\nschool, kindergarten, elementary, intermediate or secondary school.\\n b. The term \"child\" shall mean and include any person between the ages\\nof two months and eighteen years.\\n c. The term \"person in parental relation to a child\" shall mean and\\ninclude his father or mother, by birth or adoption, his legally\\nappointed guardian, or his custodian. A person shall be regarded as the\\ncustodian of a child if he has assumed the charge and care of the child\\nbecause the parents or legally appointed guardian of the minor have\\ndied, are imprisoned, are mentally ill, or have been committed to an\\ninstitution, or because they have abandoned or deserted such child or\\nare living outside the state or their whereabouts are unknown, or have\\ndesignated the person pursuant to title fifteen-A of article five of the\\ngeneral obligations law as a person in parental relation to the child.\\n d. The term \"health practitioner\" shall mean any person authorized by\\nlaw to administer an immunization.\\n 2. a. Every person in parental relation to a child in this state shall\\nhave administered to such child an adequate dose or doses of an\\nimmunizing agent against poliomyelitis, mumps, measles, diphtheria,\\nrubella, varicella, Haemophilus influenzae type b (Hib), pertussis,\\ntetanus, pneumococcal disease, and hepatitis B, which meets the\\nstandards approved by the United States public health service for such\\nbiological products, and which is approved by the department under such\\nconditions as may be specified by the public health council.\\n b. Every person in parental relation to a child in this state born on\\nor after January first, nineteen hundred ninety-four and entering sixth\\ngrade or a comparable age level special education program with an\\nunassigned grade on or after September first, two thousand seven, shall\\nhave administered to such child a booster immunization containing\\ndiphtheria and tetanus toxoids, and an acellular pertussis vaccine,\\nwhich meets the standards approved by the United States public health\\nservice for such biological products, and which is approved by the\\ndepartment under such conditions as may be specified by the public\\nhealth council.\\n c. Every person in parental relation to a child in this state entering\\nor having entered seventh grade and twelfth grade or a comparable age\\nlevel special education program with an unassigned grade on or after\\nSeptember first, two thousand sixteen, shall have administered to such\\nchild an adequate dose or doses of immunizing agents against\\nmeningococcal disease as recommended by the advisory committee on\\nimmunization practices of the centers for disease control and\\nprevention, which meets the standards approved by the United States\\npublic health service for such biological products, and which is\\napproved by the department under such conditions as may be specified by\\nthe public health and planning council.\\n 3. The person in parental relation to any such child who has not\\npreviously received such immunization shall present the child to a\\nhealth practitioner and request such health practitioner to administer\\nthe necessary immunization against poliomyelitis, mumps, measles,\\ndiphtheria, Haemophilus influenzae type b (Hib), rubella, varicella,\\npertussis, tetanus, pneumococcal disease, meningococcal disease, and\\nhepatitis B as provided in subdivision two of this section.\\n 4. If any person in parental relation to such child is unable to pay\\nfor the services of a private health practitioner, such person shall\\npresent such child to the health officer of the county in which the\\nchild resides, who shall then administer the immunizing agent without\\ncharge.\\n 5. The health practitioner who administers such immunizing agent\\nagainst poliomyelitis, mumps, measles, diphtheria, Haemophilus\\ninfluenzae type b (Hib), rubella, varicella, pertussis, tetanus,\\npneumococcal disease, meningococcal disease, and hepatitis B to any such\\nchild shall give a certificate of such immunization to the person in\\nparental relation to such child.\\n 6. In the event that a person in parental relation to a child makes\\napplication for admission of such child to a school or has a child\\nattending school and there exists no certificate or other acceptable\\nevidence of the child's immunization against poliomyelitis, mumps,\\nmeasles, diphtheria, rubella, varicella, hepatitis B, pertussis,\\ntetanus, and, where applicable, Haemophilus influenzae type b (Hib),\\nmeningococcal disease, and pneumococcal disease, the principal, teacher,\\nowner or person in charge of the school shall inform such person of the\\nnecessity to have the child immunized, that such immunization may be\\nadministered by any health practitioner, or that the child may be\\nimmunized without charge by the health officer in the county where the\\nchild resides, if such person executes a consent therefor. In the event\\nthat such person does not wish to select a health practitioner to\\nadminister the immunization, he or she shall be provided with a form\\nwhich shall give notice that as a prerequisite to processing the\\napplication for admission to, or for continued attendance at, the school\\nsuch person shall state a valid reason for withholding consent or\\nconsent shall be given for immunization to be administered by a health\\nofficer in the public employ, or by a school physician or nurse. The\\nform shall provide for the execution of a consent by such person and it\\nshall also state that such person need not execute such consent if\\nsubdivision eight of this section applies to such child.\\n 7. (a) No principal, teacher, owner or person in charge of a school\\nshall permit any child to be admitted to such school, or to attend such\\nschool, in excess of fourteen days, without the certificate provided for\\nin subdivision five of this section or some other acceptable evidence of\\nthe child's immunization against poliomyelitis, mumps, measles,\\ndiphtheria, rubella, varicella, hepatitis B, pertussis, tetanus, and,\\nwhere applicable, Haemophilus influenzae type b (Hib), meningococcal\\ndisease, and pneumococcal disease; provided, however, such fourteen day\\nperiod may be extended to not more than thirty days for an individual\\nstudent by the appropriate principal, teacher, owner or other person in\\ncharge where such student is transferring from out-of-state or from\\nanother country and can show a good faith effort to get the necessary\\ncertification or other evidence of immunization or where the parent,\\nguardian, or any other person in parental relationship to such child can\\ndemonstrate that a child has received at least the first dose in each\\nimmunization series required by this section and has age appropriate\\nappointments scheduled to complete the immunization series according to\\nthe Advisory Committee on Immunization Practices Recommended\\nImmunization Schedules for Persons Aged 0 through 18 Years.\\n (b) A parent, a guardian or any other person in parental relationship\\nto a child denied school entrance or attendance may appeal by petition\\nto the commissioner of education in accordance with the provisions of\\nsection three hundred ten of the education law.\\n * NB Effective until June 30, 2020\\n * 7. (a) No principal, teacher, owner or person in charge of a school\\nshall permit any child to be admitted to such school, or to attend such\\nschool, in excess of fourteen days, without the certificate provided for\\nin subdivision five of this section or some other acceptable evidence of\\nthe child's immunization against poliomyelitis, mumps, measles,\\ndiphtheria, rubella, varicella, hepatitis B, pertussis, tetanus, and,\\nwhere applicable, Haemophilus influenzae type b (Hib), meningococcal\\ndisease, and pneumococcal disease; provided, however, such fourteen day\\nperiod may be extended to not more than thirty days for an individual\\nstudent by the appropriate principal, teacher, owner or other person in\\ncharge where such student is transferring from out-of-state or from\\nanother country and can show a good faith effort to get the necessary\\ncertification or other evidence of immunization.\\n (b) A parent, a guardian or any other person in parental relationship\\nto a child denied school entrance or attendance may appeal by petition\\nto the commissioner of education in accordance with the provisions of\\nsection three hundred ten of the education law.\\n * NB Effective June 30, 2020\\n 8. If any physician licensed to practice medicine in this state\\ncertifies that such immunization may be detrimental to a child's health,\\nthe requirements of this section shall be inapplicable until such\\nimmunization is found no longer to be detrimental to the child's health.\\n 8-a. Whenever a child has been refused admission to, or continued\\nattendance at, a school as provided for in subdivision seven of this\\nsection because there exists no certificate provided for in subdivision\\nfive of this section or other acceptable evidence of the child's\\nimmunization against poliomyelitis, mumps, measles, diphtheria, rubella,\\nvaricella, hepatitis B, pertussis, tetanus, and, where applicable,\\nHaemophilus influenzae type b (Hib), meningococcal disease, and\\npneumococcal disease, the principal, teacher, owner or person in charge\\nof the school shall:\\n a. forward a report of such exclusion and the name and address of such\\nchild to the local health authority and to the person in parental\\nrelation to the child together with a notification of the responsibility\\nof such person under subdivision two of this section and a form of\\nconsent as prescribed by regulation of the commissioner, and\\n b. provide, with the cooperation of the appropriate local health\\nauthority, for a time and place at which an immunizing agent or agents\\nshall be administered, as required by subdivision two of this section,\\nto a child for whom a consent has been obtained. Upon failure of a local\\nhealth authority to cooperate in arranging for a time and place at which\\nan immunizing agent or agents shall be administered as required by\\nsubdivision two of this section, the commissioner shall arrange for such\\nadministration and may recover the cost thereof from the amount of state\\naid to which the local health authority would otherwise be entitled.\\n 10. The commissioner may adopt and amend rules and regulations to\\neffectuate the provisions and purposes of this section.\\n 11. Every school shall annually provide the commissioner, on forms\\nprovided by the commissioner, a summary regarding compliance with the\\nprovisions of this section.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2165", "title" : "Immunization of certain post-secondary students", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2017-08-04", "2019-11-15", "2020-11-13", "2026-05-22" ], "docLevelId" : "2165", "activeDate" : "2017-08-04", "sequenceNo" : 684, "repealedDate" : null, "fromSection" : "2165", "toSection" : "2165", "text" : " § 2165. Immunization of certain post-secondary students. 1. As used in\\nthis section, unless the context requires otherwise:\\n a. The term \"institution\" means a college as defined in section two of\\nthe education law.\\n b. The term \"student\" means any person born on or after January first,\\nnineteen hundred fifty-seven, who is registered to attend or attends\\nclasses at an institution, whether full-time or part-time. \"Part-time\\nstudent\" shall mean a student who is enrolled for at least six but less\\nthan twelve semester hours, or the equivalent per semester or at least\\nfour but less than eight semester hours per quarter at an institution.\\n c. The term \"health practitioner\" means any person authorized by law\\nto administer an immunization.\\n d. The term \"immunization\" means an adequate dose or doses of an\\nimmunizing agent against measles, mumps and rubella which meets the\\nstandards approved by the United States public health service for such\\nbiological products, and which is approved by the state department of\\nhealth under such conditions as may be specified by the public health\\ncouncil.\\n 2. Each student at an institution shall provide to the institution a\\ncertificate from a health practitioner or other acceptable evidence of\\nsuch student's immunization, unless such student presents a certificate\\nunder subdivision eight of this section or is exempt under subdivision\\neight-a or nine of this section. Upon compliance, no student shall be\\ndenied attendance at an institution because of the requirements of this\\nsection.\\n 3. A student who has not complied with subdivision two of this section\\nshall present himself or herself to a health practitioner and request\\nsuch practitioner to administer such immunization.\\n 4. If any person is unable to pay for the services of a private health\\npractitioner, such person shall present himself or herself to the health\\nofficer of the county in which such person resides, or the county in\\nwhich the institution is located who shall then administer the\\nimmunization without charge.\\n 5. The health practitioner who administers such immunization to any\\nsuch person shall give a certificate of such immunization to such\\nperson.\\n 6. In the event that a student registers at an institution and has not\\ncomplied with subdivision two of this section, the institution shall\\ninform such student of the necessity to be immunized, that such\\nimmunization may be administered by any health practitioner, or that the\\nstudent may be immunized without charge by the health officer in the\\ncounty where the student resides or in which the institution is located.\\nIn the event that such student does not comply with this section, he or\\nshe shall be given notice that attendance at the institution requires\\nimmunization unless a valid reason is provided by such student pursuant\\nto subdivision eight or nine of this section.\\n 7. No institution shall permit any student to attend such institution\\nin excess of thirty days without complying with subdivision two of this\\nsection. However, such thirty day period may be extended to not more\\nthan forty-five days for a student where such student is from\\nout-of-state or from another country and can show a good faith effort to\\ncomply with subdivision two of this section.\\n 8. If any licensed physician or nurse practitioner certifies that such\\nimmunization may be detrimental to the person's health or is otherwise\\nmedically contraindicated, the requirements of this section shall be\\ninapplicable until such immunization is found no longer to be\\ndetrimental to such person's health or is no longer medically\\ncontraindicated.\\n 8-a. Proof of honorable discharge from the armed services within ten\\nyears from the date of application to an institution shall qualify as a\\ncertificate enabling a student to attend the institution pending actual\\nreceipt of immunization records from the armed services. If while\\nawaiting the receipt of actual immunization records a health risk shall\\narise at an institution, a student presenting a certificate under the\\nterms of this subdivision shall be removed from the institution if\\nproper immunization cannot be proved or otherwise rectified.\\n 9. This section shall not apply to a person who holds genuine and\\nsincere religious beliefs which are contrary to the practices herein\\nrequired, and no certificate shall be required as a prerequisite to such\\nperson being admitted or received into or attending an institution.\\n 10. The institution shall provide annually to the commissioner, on\\nforms provided by the commissioner, a summary regarding compliance with\\nthis section.\\n 11. The commissioner may adopt and amend rules and regulations to\\neffectuate the provisions and purposes of this section.\\n 13. a. Prior to August first, nineteen hundred ninety-one, this\\nsection shall not apply to (i) part-time students or (ii) any student\\nwho attended the institution he or she is attending prior to August\\nfirst, nineteen hundred eighty-nine.\\n b. Prior to August first, nineteen hundred ninety-one, the thirty and\\nforty-five day periods referred to in subdivision seven of this section\\nshall be deemed to be sixty and ninety days, respectively.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2166", "title" : "Immunization; regulations", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2166", "activeDate" : "2014-09-22", "sequenceNo" : 685, "repealedDate" : null, "fromSection" : "2166", "toSection" : "2166", "text" : " § 2166. Immunization; regulations. The commissioner may promulgate\\nregulations with respect to immunization conducted by a home care\\nservices agency licensed pursuant to section thirty-six hundred five of\\nthis chapter or certified pursuant to section thirty-six hundred eight\\nof this chapter, facilities or institutions established under article\\ntwenty-eight of this chapter, and other health care providers and\\npractitioners, including, but not limited to, standards for the quality\\nof care and services provided, consistent with the education law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2167", "title" : "Immunization against meningococcal meningitis", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2026-05-22" ], "docLevelId" : "2167", "activeDate" : "2014-09-22", "sequenceNo" : 686, "repealedDate" : null, "fromSection" : "2167", "toSection" : "2167", "text" : " § 2167. Immunization against meningococcal meningitis. 1. As used in\\nthis section, unless the context requires otherwise:\\n a. The term \"student\" means a person attending an institution and, in\\nthe case of a student attending college, \"student\" means a person who is\\nregistered to attend or who attends classes at an institution, who is\\nenrolled for at least six semester hours or the equivalent per semester,\\nor at least four semester hours per quarter.\\n b. The term \"institution\" means an academy or college, as defined in\\nsection two of the education law, or a children's overnight camp as\\ndefined in section one thousand three hundred ninety-two of this\\nchapter, where the person attending such camp remains overnight for a\\nperiod of not fewer than seven days.\\n c. The term \"immunization\" means an adequate dose or doses of an\\nimmunizing agent against meningococcal meningitis which meets the\\nstandards approved by the United States public health service for such\\nbiological products and which is approved by the department under such\\nconditions as may be specified by the public health council.\\n 2. Each institution shall distribute, in a form provided or approved\\nby the commissioner, written information about meningococcal meningitis\\nand meningitis immunization to all students. The information provided by\\nthe institution shall include, but not be limited to, the following:\\n a. a description of the disease and means of transmission;\\n b. the benefits, risks, and effectiveness of immunization;\\n c. the availability and cost of immunization, including an indication\\nof whether or not the institution offers meningococcal meningitis\\nimmunization services.\\n 3. Each institution shall also distribute, in a form provided or\\napproved by the commissioner of health, a response form, to be completed\\nby the student or, where the student is under the age of eighteen years,\\nsuch student's parent or guardian, which shall include the following:\\n a. The student, or if under the age of eighteen years the parent or\\nguardian of the student, certifies that the student has already received\\nimmunization against meningococcal meningitis within the ten years\\npreceding the date of the response form;\\n b. The student, or if under the age of eighteen years the parent or\\nguardian of such student, has received and reviewed the information\\nprovided by the institution, understands the risks of meningococcal\\nmeningitis and the benefits of immunization, and has decided that the\\nstudent shall not obtain immunization against meningococcal meningitis.\\n The student, or if under the age of eighteen years the parent or\\nguardian of such student, shall indicate his or her decision in a box or\\nspace placed appropriately on the form and shall return the completed\\nform to the institution. Nothing in this subdivision shall be construed\\nto prohibit an institution from incorporating the form required by this\\nsubdivision into another health certificate or form required by the\\ninstitution.\\n 4. Each institution shall maintain completed response forms.\\n 5. No institution shall permit any student to attend the institution\\nin excess of thirty days without complying with this section; provided,\\nhowever, that such thirty day period may be extended to not more than\\nsixty days if a student can show a good faith effort to comply with this\\nsection.\\n 6. Nothing in this section shall be construed to prohibit institutions\\nfrom adopting or maintaining more stringent policies regarding\\nimmunization against meningococcal meningitis.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2168", "title" : "Statewide immunization information system", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2014-10-24", "2018-04-20", "2019-06-21", "2021-12-31", "2022-03-04", "2022-07-08", "2022-08-19", "2023-01-06", "2023-03-31" ], "docLevelId" : "2168", "activeDate" : "2019-06-21", "sequenceNo" : 687, "repealedDate" : null, "fromSection" : "2168", "toSection" : "2168", "text" : " § 2168. Statewide immunization information system. 1. The department\\nis hereby directed to establish a statewide automated and electronic\\nimmunization information system that will serve, and shall be\\nadministered consistent with, the following public health purposes:\\n (a) collect reports of immunizations and thus reduce the incidence of\\nillness, disability and death due to vaccine preventable diseases and\\ncollect results of blood lead analyses performed by physician office\\nlaboratories to provide to the statewide registry of lead levels of\\nchildren established pursuant to section thirteen hundred seventy-a of\\nthis chapter;\\n (b) establish the public health infrastructure necessary to obtain,\\ncollect, preserve, and disclose information relating to vaccine\\npreventable disease as it may promote the health and well-being of all\\nchildren in this state;\\n (c) make available to an individual, or parents, guardians, or other\\nperson in a custodial relation to a child or, to local health districts,\\nlocal social services districts responsible for the care and custody of\\nchildren, health care providers and their designees, schools, WIC\\nprograms, and third party payers the immunization status of children;\\nand\\n (d) appropriately protecting the confidentiality of individual\\nidentifying information and the privacy of persons included in the\\nstatewide immunization information system and their families.\\n 2. For the purposes of this section:\\n (a) The term \"authorized user\" shall mean any person or entity\\nauthorized to provide information to or to receive information from the\\nstatewide immunization information system and shall include health care\\nproviders and their designees, as defined in paragraph (d) of this\\nsubdivision, schools as defined in paragraph a of subdivision one of\\nsection twenty-one hundred sixty-four of this title, colleges as defined\\nin section two of the education law, professional and technical schools\\nas referred to in the definition of higher education in section two of\\nthe education law, children's overnight camps and summer day camps as\\ndefined in section thirteen hundred ninety-two of this chapter, third\\nparty payer as defined in paragraph (f) of this subdivision, local\\nhealth districts as defined by paragraph (c) of subdivision one of\\nsection two of this chapter, local social services districts and the\\noffice of children and family services with regard to children in their\\nlegal custody, WIC programs as defined in paragraph (g) of this\\nsubdivision, registered professional nurses, and pharmacists authorized\\nto administer immunizations pursuant to subdivision two of section\\nsixty-eight hundred one of the education law. An authorized user may be\\nlocated outside New York state. An entity other than a local health\\ndistrict shall be an authorized user only with respect to a person\\nseeking or receiving a health care service from the health care\\nprovider, a person enrolled or seeking to be enrolled in the school, a\\nperson insured by the third party payer, a person in the custody of the\\nlocal social services district or the office of children and family\\nservices, or a person seeking or receiving services through WIC\\nprograms, as the case may be.\\n (b) The term \"statewide immunization information system\" or \"system\"\\nshall mean a statewide-computerized database maintained by the\\ndepartment capable of collecting, storing, and disclosing the electronic\\nand paper records of vaccinations received by persons under nineteen\\nyears of age.\\n (c) The term \"citywide immunization registry\" shall mean the\\ncomputerized database maintained by the city of New York department of\\nhealth and mental hygiene capable of collecting, storing, and disclosing\\nthe electronic and paper records of vaccinations received by persons\\nless than nineteen years of age. The term \"citywide immunization\\nregistry\" shall not include the childhood blood lead registry\\nestablished pursuant to the health code of the city of New York. For the\\npurposes of this section the term New York city department of health and\\nmental hygiene, shall mean such agency or any successor agency\\nresponsible for the citywide immunization registry.\\n (d) The term \"health care provider\" shall mean any person authorized\\nby law to order an immunization or analysis of a blood sample for lead\\nor any health care facility licensed under article twenty-eight of this\\nchapter or any certified home health agency established under section\\nthirty-six hundred six of this chapter; with respect to a person seeking\\nor receiving a health care service from the health care provider.\\n (e) For purposes of this section a school is a public health\\nauthority, as defined in section 164.501 of part 45 of the federal code\\nof rules, responsible for screening the immunization status of each\\nchild pursuant to section twenty-one hundred sixty-four of this article.\\n (f) The term \"third party payer\" shall mean health maintenance\\norganizations certified under article forty-four of this chapter, health\\nservice corporations licensed pursuant to article forty-three of the\\ninsurance law, self-insured plans that pay for health care services,\\nhealth insurance companies subject to article thirty-two of the\\ninsurance law which offer preferred provider products, corporations\\nsubject to article forty-three of the insurance law which offer\\npreferred provider products, municipal cooperative health benefit plans\\ncertified pursuant to article forty-seven of the insurance law which\\noffer preferred provider products, and preferred provider organizations\\nas defined in section three hundred fifty-two of the workers'\\ncompensation law.\\n (g) For purposes of this section the term \"WIC program\" shall mean a\\nstate or local agency, as described pursuant to section 1786 of title 42\\nof the United States Code.\\n (h) The term \"physician office laboratory\" shall mean a laboratory\\noperated by a health care provider pursuant to subdivision one of\\nsection five hundred seventy-nine of this chapter that is certified by\\nthe Centers for Medicare and Medicaid Services under regulations\\nimplementing the federal Clinical Laboratory Improvement Amendments of\\n1988 (CLIA).\\n 3. (a) (i) Any health care provider who administers any vaccine to a\\nperson less than nineteen years of age or, on or after September first,\\ntwo thousand nine, conducts a blood lead analysis of a sample obtained\\nfrom a person under eighteen years of age in accordance with paragraph\\n(h) of subdivision two of this section; and immunizations received by a\\nperson less than nineteen years of age in the past if not already\\nreported, shall report all such immunizations and the results of any\\nblood lead analysis to the department in a format prescribed by the\\ncommissioner within fourteen days of administration of such\\nimmunizations or of obtaining the results of any such blood lead\\nanalysis. Health care providers administering immunizations to persons\\nless than nineteen years of age in the city of New York shall report, in\\na format prescribed by the city of New York commissioner of health and\\nmental hygiene, all such immunizations to the citywide immunization\\nregistry. Health care providers who conduct a blood lead analysis on a\\nperson under eighteen years of age and who report the results of such\\nanalysis to the city of New York commissioner of health and mental\\nhygiene pursuant to New York city reporting requirements shall be exempt\\nfrom this requirement for reporting blood lead analysis results to the\\nstate commissioner of health; provided, however, blood lead analysis\\ndata collected from physician office laboratories by the commissioner of\\nhealth and mental hygiene of the city of New York pursuant to the health\\ncode of the city of New York shall be provided to the department in a\\nformat prescribed by the commissioner.\\n (ii) A pharmacist who administers a vaccine pursuant to subdivision\\ntwo of section sixty-eight hundred one of the education law, to a person\\nless than nineteen years of age, shall report all such immunizations to\\nthe department in a format prescribed by the commissioner within\\nfourteen days of administration of such immunizations. Pharmacists\\nadministering immunizations pursuant to subdivision two of section\\nsixty-eight hundred one of the education law to persons less than\\nnineteen years of age in the city of New York shall report, in a format\\nprescribed by the city of New York commissioner of health and mental\\nhygiene, all such immunizations to the citywide immunization registry.\\n (b) (i) Any health care provider who administers any vaccine to a\\nperson nineteen years of age or older, may report, with the consent of\\nthe vaccinee, all such immunizations to the department in a format\\nprescribed by the commissioner within fourteen days of administration of\\nsuch immunizations. Health care providers administering immunizations to\\npersons nineteen years of age or older in the city of New York may\\nreport, with the consent of the vaccinee, in a format prescribed by the\\ncity of New York commissioner of health and mental hygiene, all such\\nimmunizations to the citywide immunization registry.\\n (ii) A registered professional nurse, or a pharmacist who administers\\na vaccine pursuant to subdivision two of section sixty-eight hundred one\\nof the education law, to a person nineteen years of age or older, shall\\nreport, with the consent of the vaccinee, all such immunizations to the\\ndepartment in a format prescribed by the commissioner within fourteen\\ndays of administration of such immunizations. Registered professional\\nnurses or pharmacists administering immunizations pursuant to\\nsubdivision two of section sixty-eight hundred one of the education law,\\nto persons nineteen years of age or older in the city of New York shall\\nreport, with the consent of the vaccinee, in a format prescribed by the\\ncity of New York commissioner of health and mental hygiene, all such\\nimmunizations to the citywide immunization registry.\\n (c) The statewide immunization information system shall provide a\\nmethod for health care providers to determine when the registrant is due\\nor late for a recommended immunization and shall serve as a means for\\nauthorized users to receive prompt and accurate information, as reported\\nto the system, about the vaccines that the registrant has received.\\n 4. (a) All information maintained by the department, or in the case of\\nthe citywide immunization registry, the city of New York under the\\nprovisions of this section shall be confidential except as necessary to\\ncarry out the provisions of this section and shall not be released for\\nany other purpose.\\n (b) The department and for the city of New York the department of\\nhealth and mental hygiene may also disclose or provide such information\\nto an authorized user when (i) such person or agency provides sufficient\\nidentifying information satisfactory to the department to identify such\\nregistrant and (ii) such disclosure or provision of information is in\\nthe best interests of the registrant or his or her family, or will\\ncontribute to the protection of the public health.\\n (c) Any data collected by the department may be included in the\\nstatewide immunization information system and the statewide registry of\\nlead levels of children if collection, storage and access of such data\\nis otherwise authorized. Such data may be disclosed to the statewide\\nimmunization information system only if provided for in statute or\\nregulation, and shall be subject to any provisions in such statute or\\nregulation limiting the use or redisclosure of the data. Nothing\\ncontained in this paragraph shall permit inclusion of data in the\\nstatewide immunization information system if that data could not\\notherwise be accessed or disclosed in the absence of the system. For the\\ncity of New York the commissioner of health and mental hygiene may\\ninclude data collected in the citywide immunization registry as provided\\nin this paragraph.\\n (c-1) The department may require the collection of, maintenance and\\naccess to newborn infant hearing screening data and results through the\\nstatewide immunization information system in accordance with section\\ntwenty-five hundred-g of this chapter.\\n (d) A person, institution or agency to whom such immunization\\ninformation is furnished or to whom, access to records or information\\nhas been given, shall not divulge any part thereof so as to disclose the\\nidentity of such person to whom such information or record relates,\\nexcept insofar as such disclosure is necessary for the best interests of\\nthe person or other persons, consistent with the purposes of this\\nsection.\\n 5. (a) All health care providers and their designees, except for\\nproviders reporting to the citywide immunization registry, shall submit\\nto the commissioner information about any vaccinee less than nineteen\\nyears of age and about each vaccination given after January first, two\\nthousand eight. The information provided to the system or the citywide\\nimmunization registry shall include the national immunization program\\ndata elements and other elements required by the commissioner. For the\\ncity of New York the commissioner of health and mental hygiene may\\nrequire additional elements with prior notice to the commissioner of any\\nchanges.\\n (b) In addition to the immunization administration information\\nrequired by this section, the operation of any immunization registry\\nestablished under chapter five hundred twenty-one of the laws of\\nnineteen hundred ninety-four, section 11.07 of title twenty-four of\\nvolume eight of the compilation of the rules of the city of New York and\\nadministered by a local health district collecting information from\\nhealth care providers about vaccinations previously administered to a\\nvaccinee prior to the effective date of this section shall provide the\\ncommissioner access to such information.\\n (c) All health care providers shall provide the department or, as\\nappropriate, the city of New York with additional or clarifying\\ninformation upon request reasonably related to the purposes of this\\nsection.\\n (d) Notwithstanding the above, submission of incomplete information\\nshall not prohibit entry of incomplete but viable data into the\\nstatewide immunization information system.\\n (e) The commissioner of the department of health and mental hygiene\\nfor the city of New York shall implement the requirements of this\\nsubdivision.\\n (f) The immunization status of children exempt from immunizations\\npursuant to subdivision eight of section twenty-one hundred sixty-four\\nof this title shall be reported by the health care provider.\\n 6. In the city of New York, the commissioner of the department of\\nhealth and mental hygiene of the city of New York may maintain its\\nexisting registry consistent with the requirements of this section and\\nshall provide information to the commissioner and to authorized users.\\n 7. Each parent or legal guardian of a newborn infant or a child newly\\nenrolled in the statewide immunization information system shall receive\\ninformation, developed by the department, describing the enrollment\\nprocess and how to review and correct information and obtain a copy of\\nthe child's immunization record. The city of New York will be\\nresponsible for providing information about the processes for enrollment\\nand access to the citywide immunization registry by a parent or legal\\nguardian of a newborn infant or newly enrolled child residing in the\\ncity of New York.\\n 8. Access and use of identifiable registrant information shall be\\nlimited to authorized users consistent with this subdivision and the\\npurposes of this section. (a) The commissioner shall provide a method by\\nwhich authorized users apply for access to the system. For the city of\\nNew York, the commissioner of health and mental hygiene shall provide a\\nmethod by which authorized users apply for access to the citywide\\nimmunization registry.\\n (b) (i) The commissioner may use the statewide immunization\\ninformation system and the blood lead information in such system for\\npurposes of outreach, quality improvement and accountability, research,\\nepidemiological studies and disease control, and to obtain blood lead\\ntest results from physician office laboratories for the statewide\\nregistry of lead levels of children established pursuant to subdivision\\ntwo of section thirteen hundred seventy-a of this chapter; (ii) the\\ncommissioner of health and mental hygiene for the city of New York may\\nuse the immunization registry and the blood lead information in such\\nsystem for purposes of outreach, quality improvement and accountability,\\nresearch, epidemiological studies and disease control; (iii) local\\nhealth departments shall have access to the immunization information\\nsystem and the blood lead information in such system for purposes of\\noutreach, quality improvement and accountability, epidemiological\\nstudies and disease control within their county; and\\n (c) health care providers and their designees, registered professional\\nnurses, and pharmacists authorized to administer immunizations pursuant\\nto subdivision two of section sixty-eight hundred one of the education\\nlaw shall have access to the statewide immunization information system\\nand the blood lead information in such system only for purposes of\\nsubmission of information about vaccinations received by a specific\\nregistrant, determination of the immunization status of a specific\\nregistrant, determination of the blood lead testing status of a specific\\nregistrant, submission of the results from a blood lead analysis of a\\nsample obtained from a specific registrant in accordance with paragraph\\n(h) of subdivision two of this section, review of practice coverage,\\ngeneration of reminder notices, quality improvement and accountability\\nand printing a copy of the immunization or lead testing record for the\\nregistrant's medical record, for the registrant's parent or guardian, or\\nother person in parental or custodial relation to a child, or for a\\nregistrant upon reaching eighteen years of age.\\n (d) The following authorized users shall have access to the statewide\\nimmunization information system and the blood lead information in such\\nsystem and the citywide immunization registry for the purposes stated in\\nthis paragraph: (i) schools for the purpose of verifying immunization\\nstatus for eligibility for admission, for the purpose of confirming a\\nstudent has been screened for lead when enrolling in child care,\\npre-school or kindergarten, and for the provision of appropriate\\neducational materials developed by the department pursuant to section\\nthirteen hundred seventy-a of this chapter on the dangers of lead\\nexposure, and the health risks associated with elevated blood lead\\nlevels to the parents or legal guardians of the student with an elevated\\nblood lead level, as such term is defined in subdivision six of section\\nthirteen hundred seventy of this chapter, as well as information on\\nprograms that may be available to the student and the parents or legal\\nguardians of the student; (ii) colleges for verifying immunization\\nstatus for eligibility for admission; (iii) professional and technical\\nschools for verifying immunization status for eligibility for admission;\\n(iv) children's overnight camps and summer day camps for verifying\\nimmunization status of children attending camp; (v) third party payer\\nfor performing quality assurance, accountability and outreach, relating\\nto enrollees covered by the third party payer; (vi) commissioners of\\nlocal social services districts with regard to a child in his/her legal\\ncustody; (vii) the commissioner of the office of children and family\\nservices with regard to children in their legal custody, and for quality\\nassurance and accountability of commissioners of local social services\\ndistricts, care and treatment of children in the custody of\\ncommissioners of local social services districts; and (viii) WIC\\nprograms for the purposes of verifying immunization and lead testing\\nstatus for those seeking or receiving services.\\n (e) Institutes of higher education, medical research centers or other\\ninstitutions engaged in epidemiological research or other public health\\nresearch shall have access to de-identified registrant information in\\nthe statewide immunization information system or the citywide\\nimmunization registry for research purposes if approved by the\\ncommissioner or the commissioner of the department of health and mental\\nhygiene of the city of New York, as appropriate.\\n 9. The commissioner may judge the legitimacy of any request for\\nimmunization system information and may refuse access to the statewide\\nimmunization information system based on the authenticity of the\\nrequest, credibility of the authorized user or other reasons as provided\\nfor in regulation. For the city of New York the commissioner of health\\nand mental hygiene may judge the legitimacy of requests for access to\\nthe citywide immunization registry and refuse access to the immunization\\nregistry based on the authenticity of the request, credibility of the\\nauthorized user or other reasons as provided for in regulation.\\n 10. The person to whom any immunization record relates, or his or her\\nparent, or guardian, or other person in parental or custodial relation\\nto such person may request a copy of an immunization or lead testing\\nrecord from the registrant's healthcare provider, the statewide\\nimmunization information system or the citywide immunization registry\\naccording to procedures established by the commissioner or, in the case\\nof the citywide immunization registry, by the city of New York\\ncommissioner of the department of health and mental hygiene.\\n 11. The commissioner, or in the city of New York, the commissioner of\\nthe department of health and mental hygiene, may provide registrant\\nspecific immunization and lead test records to other state or city\\nregistries and registries maintained by the Indian Health Service and\\ntribal nations recognized by the state or the United States pursuant to\\na written agreement requiring that the other registry conform to\\nnational standards for maintaining the integrity of the data and will\\nnot be used for purposes inconsistent with the provisions of this\\nsection.\\n 12. Information that would be provided upon the enrollment in the\\nstatewide immunization information system of a child being vaccinated,\\nfrom birth records of all infants born in New York state on or after\\nJanuary first, two thousand four shall be entered into the statewide\\nimmunization information system, except in the city of New York, where\\nbirth record information shall be entered into the citywide immunization\\nregistry.\\n 13. The commissioner shall promulgate regulations as necessary to\\neffectuate the provisions of this section. Such regulations shall\\ninclude provision for orderly implementation and operation of the\\nstatewide immunization information system, including the method by which\\neach category of authorized user may access the system. Access standards\\nshall include at a minimum a method for assigning and authenticating\\neach user identification and password assigned.\\n 14. No authorized user shall be subjected to civil or criminal\\nliability, or be deemed to have engaged in unprofessional conduct for\\nreporting to, receiving from, or disclosing information relating to the\\nstatewide immunization information system when made reasonably and in\\ngood faith and in accordance with the provisions of this section or any\\nregulation adopted thereto.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 8 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A21T7", "title" : "Hepatitis C", "docType" : "TITLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "7", "activeDate" : "2014-09-22", "sequenceNo" : 688, "repealedDate" : null, "fromSection" : "2170", "toSection" : "2171", "text" : " TITLE VII\\n HEPATITIS C\\nSection 2170. Hepatitis C; educational materials.\\n 2171. Required offering of hepatitis C screening testing.\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2170", "title" : "Hepatitis C; educational materials", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2170", "activeDate" : "2014-09-22", "sequenceNo" : 689, "repealedDate" : null, "fromSection" : "2170", "toSection" : "2170", "text" : " § 2170. Hepatitis C; educational materials. The commissioner shall\\ndevelop and make available to physicians, other health care providers,\\nveterans and other persons at high risk for hepatitis C educational\\nmaterials, in written and electronic forms, on the diagnosis, treatment\\nand prevention of hepatitis C. Such materials shall include the\\nrecommendations of the federal Centers for Disease Control and\\nPrevention and any other person or entity having knowledge on hepatitis\\nC, including the American Liver Foundation. Such materials shall be\\nwritten in terms which are understandable by members of the general\\npublic.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2171", "title" : "Required offering of hepatitis C screening testing", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2019-09-20", "2023-05-12", "2023-06-23", "2024-05-31" ], "docLevelId" : "2171", "activeDate" : "2019-09-20", "sequenceNo" : 690, "repealedDate" : null, "fromSection" : "2171", "toSection" : "2171", "text" : " * § 2171. Required offering of hepatitis C screening testing. 1. Every\\nindividual born between the years of nineteen hundred forty-five and\\nnineteen hundred sixty-five who receives health services as an inpatient\\nin a general hospital defined in subdivision ten of section twenty-eight\\nhundred one of this chapter or who receives primary care services in an\\noutpatient department of such hospital or in a diagnostic and treatment\\ncenter licensed under article twenty-eight of this chapter or from a\\nphysician, physician assistant or nurse practitioner providing primary\\ncare shall be offered a hepatitis C screening test or hepatitis C\\ndiagnostic test unless the health care practitioner providing such\\nservices reasonably believes that:\\n (a) the individual is being treated for a life threatening emergency;\\nor\\n (b) the individual has previously been offered or has been the subject\\nof a hepatitis C screening test (except that a test shall be offered if\\notherwise indicated); or\\n (c) the individual lacks capacity to consent to a hepatitis C\\nscreening test.\\n 2. If an individual accepts the offer of a hepatitis C screening test\\nand the screening test is reactive, the health care provider shall\\neither offer the individual follow-up health care or refer the\\nindividual to a health care provider who can provide follow-up health\\ncare. The follow-up health care shall include a hepatitis C diagnostic\\ntest.\\n 3. The offering of hepatitis C screening testing under this section\\nshall be culturally and linguistically appropriate in accordance with\\nrules and regulations promulgated by the commissioner.\\n 4. This section shall not affect the scope of practice of any health\\ncare practitioner or diminish any authority or legal or professional\\nobligation of any health care practitioner to offer a hepatitis C\\nscreening test or hepatitis C diagnostic test or to provide services or\\ncare for the subject of a hepatitis C screening test or hepatitis C\\ndiagnostic test.\\n 5. Definitions. As used in this section, the following terms shall\\nhave the following meanings:\\n (a) \"Hepatitis C diagnostic test\" shall mean any laboratory test or\\ntests that detect the presence of hepatitis C virus in the blood and\\nprovides confirmation of whether the individual has a hepatitis C virus\\ninfection.\\n (b) \"Hepatitis C screening test\" shall mean any laboratory screening\\ntest or tests that detect the presence of hepatitis C virus antibodies\\nin the blood.\\n (c) \"Primary care\" means the medical fields of family medicine,\\ngeneral pediatrics, primary care, internal medicine, primary care\\nobstetrics, or primary care gynecology, without regard to board\\ncertification.\\n * NB Repealed January 1, 2026\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 2 }, "repealed" : false } ], "size" : 7 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A21-A", "title" : "Long-term Care Resident and Employee Immunization Act", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "21-A", "activeDate" : "2014-09-22", "sequenceNo" : 691, "repealedDate" : null, "fromSection" : "2190", "toSection" : "2196", "text" : " ARTICLE 21-A\\n LONG-TERM CARE RESIDENT AND\\n EMPLOYEE IMMUNIZATION ACT\\nSection 2190. Short title.\\n 2191. Definitions.\\n 2192. Long-term care resident and employee immunization\\n required.\\n 2193. Resident immunization.\\n 2194. Employee immunization.\\n 2195. Exceptions.\\n 2196. Rules and regulations; report.\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2190", "title" : "Short title", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2190", "activeDate" : "2014-09-22", "sequenceNo" : 692, "repealedDate" : null, "fromSection" : "2190", "toSection" : "2190", "text" : " § 2190. Short title. This article shall be known and may be cited as\\nthe \"long-term care resident and employee immunization act\".\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2191", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2191", "activeDate" : "2014-09-22", "sequenceNo" : 693, "repealedDate" : null, "fromSection" : "2191", "toSection" : "2191", "text" : " § 2191. Definitions. For the purposes of this article:\\n 1. \"Long-term care facility\" or \"facility\" means a residential health\\ncare facility as defined in section twenty-eight hundred one of this\\nchapter, adult home as defined in subdivision twenty-five of section two\\nof the social services law or enriched housing program as defined in\\nsubdivision twenty-eight of section two of the social services law,\\nadult day health care program in accordance with regulations of the\\ndepartment, and any other facility providing residential housing for\\nfive or more persons over the age of sixty-five unrelated to the\\noperator and supportive services including, but not limited to, food\\nservice, housekeeping, laundry, arranging for medical care, and\\nassistance with daily living.\\n 2. \"Documentation\" means written evidence from an individual's health\\ncare provider indicating the date and place when the individual received\\nthe influenza vaccine or the pneumococcal vaccine.\\n 3. \"Medically contraindicated\" means influenza or pneumococcal vaccine\\nshould not be administered to an individual because it may be\\ndetrimental to the individual's health if the individual receives the\\nvaccine.\\n 4. \"Employee\" means an individual employed (whether directly, by\\ncontract with another entity or as an independent contractor) by a\\nlong-term care facility, on a part-time or full-time basis.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2192", "title" : "Long-term care resident and employee immunization required", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2192", "activeDate" : "2014-09-22", "sequenceNo" : 694, "repealedDate" : null, "fromSection" : "2192", "toSection" : "2192", "text" : " § 2192. Long-term care resident and employee immunization required.\\nExcept as provided in section twenty-one hundred ninety-five of this\\narticle, every long-term care facility in this state shall require\\nresidents and employees to be immunized for influenza virus and\\npneumococcal disease in accordance with regulations of the commissioner.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2193", "title" : "Resident immunization", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2193", "activeDate" : "2014-09-22", "sequenceNo" : 695, "repealedDate" : null, "fromSection" : "2193", "toSection" : "2193", "text" : " § 2193. Resident immunization. 1. Upon admission, a long-term care\\nfacility shall notify the resident of the immunization requirements of\\nthis article and request that the resident agree to be immunized against\\ninfluenza virus and pneumococcal disease.\\n 2. Every long-term care facility shall document the annual\\nimmunization against influenza virus and immunization against\\npneumococcal disease for each resident. Upon finding that a resident is\\nlacking such immunization or the long-term care facility or individual\\nis unable to provide documentation that the individual has received the\\nappropriate immunization, the long-term care facility shall provide or\\narrange for immunization. Immunization and the documentation thereof\\nshall take place no later than November thirtieth of each year.\\n 3. An individual who becomes a resident after November thirtieth but\\nbefore April first shall have his or her status for influenza and\\npneumococcal immunization determined by the facility, and if found to be\\ndeficient, the facility shall provide or arrange for the necessary\\nimmunization.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2194", "title" : "Employee immunization", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2194", "activeDate" : "2014-09-22", "sequenceNo" : 696, "repealedDate" : null, "fromSection" : "2194", "toSection" : "2194", "text" : " § 2194. Employee immunization. 1. Every long-term care facility shall\\nnotify every employee of the immunization requirements of this article\\nand request that the employee agree to be immunized against influenza\\nvirus and pneumococcal disease.\\n 2. The long-term care facility shall require documentation of annual\\nimmunization against influenza virus and immunization against\\npneumococcal disease for each employee. Upon finding that an employee is\\nlacking such immunization or the long-term care facility or individual\\nis unable to provide documentation that the individual has received the\\nappropriate immunization, the long-term care facility must provide or\\narrange for immunization. Immunization and the documentation thereof\\nshall take place no later than November thirtieth of each year.\\n 3. An individual who is newly employed as an employee after November\\nthirtieth but before April first shall have his or her status for\\ninfluenza and pneumococcal immunization determined by the facility, and\\nif found to be deficient, the facility shall provide or arrange for the\\nnecessary immunization.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2195", "title" : "Exceptions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2195", "activeDate" : "2014-09-22", "sequenceNo" : 697, "repealedDate" : null, "fromSection" : "2195", "toSection" : "2195", "text" : " § 2195. Exceptions. No individual shall be required to receive either\\nan influenza vaccine or pneumococcal vaccine if the vaccine is medically\\ncontraindicated, or if it is against his or her religious beliefs, or if\\nhe or she refuses the vaccine after being fully informed of the health\\nrisks of such action.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2196", "title" : "Rules and regulations; report", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2196", "activeDate" : "2014-09-22", "sequenceNo" : 698, "repealedDate" : null, "fromSection" : "2196", "toSection" : "2196", "text" : " § 2196. Rules and regulations; report. 1. The commissioner shall\\npromulgate regulations relating to the immunization requirements of this\\narticle, taking into consideration the recommendations of the centers\\nfor disease control and prevention.\\n 2. The commissioner is hereby directed to make available educational\\nand informational materials to all long-term care facilities with\\nrespect to vaccination against influenza virus and pneumococcal disease.\\n 3. The commissioner shall report three years from the effective date\\nof this article to the governor, the temporary president of the senate,\\nthe speaker of the assembly, the minority leader of the senate and the\\nminority leader of the assembly on the number of outbreaks in long-term\\ncare facilities each year due to influenza virus and pneumococcal\\ndisease and number of hospitalizations of long-term care facility\\nresidents each year due to influenza virus, pneumococcal disease and\\ncomplications thereof.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 7 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A22", "title" : "Control of Tuberculosis", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "22", "activeDate" : "2014-09-22", "sequenceNo" : 699, "repealedDate" : null, "fromSection" : "2200", "toSection" : "2230", "text" : " ARTICLE 22\\n CONTROL OF TUBERCULOSIS\\nTitle I. General provisions (§§ 2200-2207).\\n II. Control (§§ 2221-2230).\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A22T1", "title" : "General Provisions", "docType" : "TITLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1", "activeDate" : "2014-09-22", "sequenceNo" : 700, "repealedDate" : null, "fromSection" : "2200", "toSection" : "2207", "text" : " TITLE I\\n GENERAL PROVISIONS\\nSection 2200. Tuberculosis; definitions and explanation of terms.\\n 2201. Tuberculosis; powers and duties of commissioner.\\n 2202. Tuberculosis; care and treatment.\\n 2204. Tuberculosis; removal of patients to another state or\\n country; costs.\\n 2205. Tuberculosis; removal of patients to this state;\\n reciprocity agreements.\\n 2206. Tuberculosis; administration costs; appropriations.\\n 2207. Tuberculosis; application of law to city of New York.\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2200", "title" : "Tuberculosis; definitions and explanation of terms", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2021-08-13" ], "docLevelId" : "2200", "activeDate" : "2014-09-22", "sequenceNo" : 701, "repealedDate" : null, "fromSection" : "2200", "toSection" : "2200", "text" : " § 2200. Tuberculosis; definitions and explanation of terms. 1. (a)\\nState residence. Under the conditions hereinafter specified, any person\\nwho has resided in the state of New York continuously for at least one\\nyear immediately preceding the date of admission to a hospital for the\\ncare and treatment of tuberculosis shall be deemed to have state\\nresidence.\\n (b) State residence so acquired shall continue until such person shall\\nhave removed from the state and remained therefrom for one year;\\nprovided, however, that no person shall lose state residence by absence\\nfrom the state while serving in the armed forces of the United States or\\nin the United States merchant marine, or while attached to and serving\\nwith the armed forces of the United States and, provided, further, that\\nno member of the family of any such person shall lose state residence by\\nabsence from the state while living with or near such person during the\\nperiod of such service and on account thereof.\\n 2. Local residence. Under the conditions hereinafter specified, any\\nperson with state residence as herein defined who has also resided\\nwithin a county of the state or in the city of New York continuously for\\nat least six months preceding the date of admission to a hospital for\\nthe care and treatment of tuberculosis shall be deemed to have local\\nresidence in such county or in the city of New York, as the case may be.\\n 3. Qualification on residence. The continuous residence required to\\nacquire either state residence or local residence shall not include any\\nperiod during which the person was (a) a patient in a hospital, or (b)\\nan inmate of any public institution, incorporated private institution,\\nor private tuberculosis home, cottage or hospital, or (c) residing on\\nany military reservation. If, however, the periods of residence\\nimmediately prior and subsequent to the periods specified in (a), (b),\\nor (c) shall together equal the required period of residence, such\\nperson shall be deemed to have the required continuous residence.\\n 4. State charge. State charge shall mean any person suffering from\\ntuberculosis or suspected of having tuberculosis and in need of\\ntuberculosis hospital care and treatment therefor who is:\\n (a) without state residence;\\n (b) with state residence but without local residence;\\n (c) an Indian or member of his family residing upon any Indian\\nreservation in the state.\\n 5. Local charge. Local charge shall mean any person suffering from\\ntuberculosis or suspected of having tuberculosis and in need of\\ntuberculosis hospital care and treatment therefor who has acquired local\\nresidence, as defined in this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2201", "title" : "Tuberculosis; powers and duties of commissioner", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2201", "activeDate" : "2014-09-22", "sequenceNo" : 702, "repealedDate" : null, "fromSection" : "2201", "toSection" : "2201", "text" : " § 2201. Tuberculosis; powers and duties of commissioner. 1. The\\ncommissioner shall: (a) formulate such standards as he may deem\\nnecessary in order to carry out the objectives and provisions of this\\narticle and article six of this chapter relating to state aid for the\\ncare and treatment of tuberculous patients;\\n (b) make a detailed study of the administration of existing public\\nhospitals caring for tuberculous patients throughout the state,\\nincluding the city of New York;\\n (c) make, adopt, promulgate and enforce such rules and regulations as\\nhe may deem appropriate for the facilities, operation, administration\\nand the future conduct of public hospitals caring for tuberculous\\npatients throughout the state including the city of New York, under the\\nprovisions of this article and article six of this chapter, and he may,\\nfrom time to time, amend or repeal the same;\\n (d) forward a copy of such rules and regulations to the board of\\nsupervisors of each county and to the mayor of each city, eligible for\\nstate aid under this article and article six of this chapter;\\n (e) have full power and authority to examine any or all records,\\nreports and other data pertaining to patients or the facilities,\\noperation or administration of a hospital providing care or treatment of\\ntuberculous patients for which a county or city applies for state aid;\\n (f) have full power and authority to examine or cause to be examined\\nany patient in a hospital providing care or treatment for which a county\\nor city applies for state aid;\\n (g) have full power and authority to make or cause to be made such\\nlaboratory tests or X-ray examinations as in his judgment may be\\ndesirable;\\n (h) have power and authority to recommend to counties and cities such\\nchanges in the facilities, operation or administration of public\\nhospitals caring for tuberculous patients throughout the state,\\nincluding the city of New York, as, in his judgment, are necessary for\\nthe county or city to qualify for state aid under the provisions of this\\narticle and article six of this chapter and the rules and regulations\\npromulgated thereunder.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2202", "title" : "Tuberculosis; care and treatment", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2202", "activeDate" : "2014-09-22", "sequenceNo" : 703, "repealedDate" : null, "fromSection" : "2202", "toSection" : "2202", "text" : " § 2202. Tuberculosis; care and treatment. 1. (a) Notwithstanding any\\ninconsistent provision of this chapter or of any other general, special\\nor local law or city charter, when a person suffering from tuberculosis\\nor suspected of having tuberculosis is in need of care and treatment\\ntherefor from a hospital, as defined in article twenty-eight of this\\nchapter, or a certified home health agency which provides such care and\\ntreatment, the county or the city of New York, as the case may be, in\\nwhich such person resides or is found shall provide or secure such care\\nand treatment.\\n (b) The legislative body of each county and the corresponding\\nauthority of the city of New York shall designate the commissioner of\\nhealth of any county or part-county health district or the city of New\\nYork or, in a county lacking a county or part-county health district,\\nthe county health director, or appropriate health officer, as the case\\nmay be, to be responsible for providing or securing such care and\\ntreatment.\\n (c) The cost to the hospital or other provider as established in\\naccordance with the provisions of section twenty-eight hundred seven of\\nthis chapter relating to rates of payment of such care and treatment\\nshall be a charge against the county or the city of New York, as the\\ncase may be, in which such person has local residence, except that third\\nparty coverage or indemnification shall first be applied against the\\ntotal cost to the hospital or other provider as established in\\naccordance with the provisions of section twenty-eight hundred seven of\\nthis chapter relating to rates of payment of the individual's care and\\ntreatment as hereinafter provided.\\n (d) The care and treatment of state charges, as defined in this\\narticle, shall be subject to the rules of the commissioner who may\\ndesignate any local public official to act for him in emergency cases\\ninvolving such state charges.\\n (e) Diagnoses, tests, studies or analyses for the discovery of\\ntuberculosis and care and treatment by a hospital, as defined in article\\ntwenty-eight of this chapter, or by a certified home health agency which\\nare provided by the state or by any county or city shall be available\\nwithout cost or charge to the persons receiving such examinations, care\\nor treatment, except that the third party coverage or indemnification\\nshall first be applied against the total cost to the hospital or other\\nprovider as established in accordance with the provisions of section\\ntwenty-eight hundred seven of this chapter relating to rates of payment\\nof the individual's care and treatment as hereinafter provided.\\n 2. Any person who volunteers to assume and pay for the cost of such\\nhospital care and treatment or for the cost of such diagnosis, test,\\nstudy or analysis shall be permitted to do so; but no state, county,\\ncity or other public official shall request or require payment or make,\\nor cause to be made, any inquiry or investigation for the purpose of\\ndetermining the ability of a person or of his legally responsible\\nrelatives to pay for diagnoses, tests, studies or analyses for the\\ndiscovery of tuberculosis or for care and treatment provided by a\\nhospital, as defined by article twenty-eight of this chapter, or by a\\ncertified home health agency except to determine if there is third party\\ncoverage or indemnification to pay or indemnify all or part of such cost\\nto the hospital or other provider as established in accordance with the\\nprovisions of section twenty-eight hundred seven of this chapter\\nrelating to rates of payment.\\n 3. Determinations and orders concerning liability to pay for care and\\ntreatment and the provision of care and treatment to persons suffering\\nfrom tuberculosis or suspected of having tuberculosis by the state or by\\nany county or city shall be in accordance with the rules and regulations\\nof the commissioner and expenses incurred therefor shall be eligible for\\nstate aid reimbursement pursuant to the provisions of title two of\\narticle six of this chapter after applying against the total cost to the\\nhospital or other provider as established in accordance with the\\nprovisions of section twenty-eight hundred seven of this chapter\\nrelating to rates of payment of the individual's treatment the amounts\\nreceived from or payable by medicare, workers' compensation, medical\\nassistance in accordance with the social services law, or other third\\nparty payers and indemnitors and less any payments made or assignable\\nunder any federal law or laws heretofore enacted, provided, however,\\nthat expenses incurred for inpatient hospital care shall be eligible for\\nreimbursement for a period not to exceed six weeks for any individual\\npatient during any calendar year, unless approved as necessary by the\\ncommissioner for a longer period of time.\\n 4. If upon a review of a claim submitted for the purposes of state aid\\nreimbursement, the county, or the part county health district, or the\\ncity of New York, or the state determine that the person was in fact\\neligible for third party coverage or indemnification at the time care\\nand treatment was provided and the hospital or certified home health\\nagency failed to make a good faith effort to determine third party\\ncoverage or indemnification, the hospital or the certified home health\\nagency shall not receive state aid reimbursement for that claim from the\\ncounty or the city of New York. The commissioner shall promulgate rules\\nand regulations requiring recoupment or repayment from the hospital or\\nthe certified home health agency if the hospital or the certified home\\nhealth agency has already received state aid reimbursement from the\\ncounty or the city of New York.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2204", "title" : "Tuberculosis; removal of patients to another state or country; costs", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2204", "activeDate" : "2014-09-22", "sequenceNo" : 704, "repealedDate" : null, "fromSection" : "2204", "toSection" : "2204", "text" : " § 2204. Tuberculosis; removal of patients to another state or country;\\ncosts. 1. When any state charge, as defined in this article, who has\\nnot acquired state residence has settlement or residence or otherwise\\nbelongs to or in any other state or country, has legally responsible\\nrelatives or friends willing to undertake the obligations to support him\\nor to aid in supporting him in such other state or country, the\\ndepartment may furnish him with transportation to such state or country,\\nprovided, in the judgment of the commissioner the interest of the state\\nand the welfare of such person will be promoted thereby.\\n 2. The commissioner shall designate or employ nurses or attendants to\\naccompany such persons being removed out of the state unless it appears\\nthat such persons are in suitable condition to travel alone with safety.\\n 3. The expense of such removal shall be paid from the state treasury\\non the audit and warrant of the comptroller pursuant to a verified\\naccount submitted by the department, and the commissioner shall\\nthereupon seek reimbursement for such expense from the state or country\\nof residence.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2205", "title" : "Tuberculosis; removal of patients to this state; reciprocity agreements", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2205", "activeDate" : "2014-09-22", "sequenceNo" : 705, "repealedDate" : null, "fromSection" : "2205", "toSection" : "2205", "text" : " § 2205. Tuberculosis; removal of patients to this state; reciprocity\\nagreements. 1. The commissioner may make reciprocal agreements with\\nstate officials or agencies of other states regarding interstate\\ntransportation of state charges without state residence and to arrange\\nfor the acceptance and tuberculosis hospital care and treatment of\\npersons receiving similar public care and treatment in other states in\\naccordance with the terms of such reciprocal agreements, but this state\\nshall not, nor shall any county or city be committed to such care and\\ntreatment of persons who are not, in the opinion of the commissioner,\\nentitled to such public care and treatment by the laws of this state.\\n 2. No agreement made pursuant to the provisions of this section shall\\nbecome effective until the attorney general has approved its form and\\nsufficiency.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2206", "title" : "Tuberculosis; administration costs; appropriations", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2206", "activeDate" : "2014-09-22", "sequenceNo" : 706, "repealedDate" : null, "fromSection" : "2206", "toSection" : "2206", "text" : " § 2206. Tuberculosis; administration costs; appropriations. The\\nappropriations made or to be made for the purposes of carrying out the\\nprovisions of this article and article six of this chapter providing for\\nstate aid for tuberculous patients shall be available, in accordance\\nwith certificates of approval issued or to be issued by the director of\\nthe budget, to the commissioner for the payment of expenses of personal\\nservice and other maintenance and operation, including purchase of\\nequipment and the purchase of passenger automobiles and for travel\\noutside the state, necessary for the administration of this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2207", "title" : "Tuberculosis; application of law to city of New York", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2207", "activeDate" : "2014-09-22", "sequenceNo" : 707, "repealedDate" : null, "fromSection" : "2207", "toSection" : "2207", "text" : " § 2207. Tuberculosis; application of law to city of New York. All of\\nthe provisions of sections two thousand two hundred to two thousand two\\nhundred seven, inclusive, of this chapter, shall apply throughout the\\nentire state and to each county and city thereof, including the city of\\nNew York.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 7 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A22T2", "title" : "Control", "docType" : "TITLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2", "activeDate" : "2014-09-22", "sequenceNo" : 708, "repealedDate" : null, "fromSection" : "2221", "toSection" : "2230", "text" : " TITLE II\\n CONTROL\\nSection 2221. Tuberculosis; records of tuberculous patients;\\n confidential.\\n 2222. Tuberculosis; protection of patient's family; duty of\\n physicians and health officers.\\n 2223. Tuberculosis; carelessness of patients; violation and\\n penalty; duty of health officer.\\n 2224. Tuberculosis; false reports; violation and penalty.\\n 2225. Tuberculosis; recovery of patient; duty to report.\\n 2226. Tuberculosis; death or removal of patient from premises;\\n notice to health officer.\\n 2227. Tuberculosis; duty of public health council.\\n 2229. Tuberculosis; vaccine and vaccination.\\n 2230. Tuberculosis; violations and penalties.\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2221", "title" : "Tuberculosis; records of tuberculous patients; confidential", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2221", "activeDate" : "2014-09-22", "sequenceNo" : 709, "repealedDate" : null, "fromSection" : "2221", "toSection" : "2221", "text" : " § 2221. Tuberculosis; records of tuberculous patients; confidential.\\nReports of tuberculous patients made pursuant to law and the sanitary\\ncode and also all records of examinations of such patients shall not be\\nopen to inspection by any person other than the health authorities of\\nthe state and of the local health district, and said health authorities\\nshall not permit any such report or record to be divulged so as to\\ndisclose the identity of the person to whom it relates, except as may be\\nauthorized in the sanitary code.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2222", "title" : "Tuberculosis; protection of patient's family; duty of physicians and health officers", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2222", "activeDate" : "2014-09-22", "sequenceNo" : 710, "repealedDate" : null, "fromSection" : "2222", "toSection" : "2222", "text" : " § 2222. Tuberculosis; protection of patient's family; duty of\\nphysicians and health officers. 1. It shall be the duty of a physician\\nattending a patient having tuberculosis to take all proper precautions\\nand to give proper instructions to provide for the safety of all\\nindividuals occupying the same house or apartment, and if no physician\\nbe attending such patient this duty shall devolve upon the state\\ndistrict health officer or local health officer.\\n 2. All duties imposed upon physicians by any sections of this article\\nshall be performed by the state district health officer or local health\\nofficer in all cases of tuberculosis not attended by a physician, or\\nwhen the physician fails to perform the duties herein specified.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2223", "title" : "Tuberculosis; carelessness of patients; violation and penalty; duty of health officer", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2223", "activeDate" : "2014-09-22", "sequenceNo" : 711, "repealedDate" : null, "fromSection" : "2223", "toSection" : "2223", "text" : " § 2223. Tuberculosis; carelessness of patients; violation and penalty;\\nduty of health officer. 1. Any person having tuberculosis who shall\\ndispose of his sputum, saliva or other bodily secretion or excretion so\\nas to cause offense or danger to any person or persons occupying the\\nsame room or apartment, house, or part of a house, shall on complaint of\\nany person or persons subjected to such offense or danger, be deemed\\nguilty of a nuisance and any persons subjected to such a nuisance may\\nmake complaint in person or writing to the health officer of the local\\nhealth district where the nuisance complained of is committed.\\n 2. It shall be the duty of the local health officer receiving such\\ncomplaint to investigate and if it appears that the nuisance complained\\nof is such as to cause offense or danger to any person occupying the\\nsame room, apartment, house or part of a house, he shall serve a notice\\nupon the person so complained of, reciting the alleged cause of offense\\nor danger and requiring him to dispose of his sputum, saliva or other\\nbodily secretion or excretion in such a manner as to remove all\\nreasonable cause of offense or danger.\\n 3. Any person failing or refusing to comply with orders or regulations\\nof the local health officer requiring him to cease to commit such\\nnuisance, shall be deemed guilty of a misdemeanor and on conviction\\nthereof shall be fined not more than ten dollars.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2224", "title" : "Tuberculosis; false reports; violation and penalty", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2224", "activeDate" : "2014-09-22", "sequenceNo" : 712, "repealedDate" : null, "fromSection" : "2224", "toSection" : "2224", "text" : " § 2224. Tuberculosis; false reports; violation and penalty. Any\\nphysician or person practicing as a physician who shall wilfully make\\nany false statement concerning the name, age, sex, color, occupation,\\nplace where last employed if known, or address of any person reported as\\naffected with tuberculosis, or who shall certify falsely as to any of\\nthe precautions taken to prevent the spread of infection, shall be\\ndeemed guilty of a misdemeanor, and on conviction thereof shall be\\nsubject to a fine of not more than one hundred dollars.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2225", "title" : "Tuberculosis; recovery of patient; duty to report", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2225", "activeDate" : "2014-09-22", "sequenceNo" : 713, "repealedDate" : null, "fromSection" : "2225", "toSection" : "2225", "text" : " § 2225. Tuberculosis; recovery of patient; duty to report. Upon the\\nrecovery of any person having tuberculosis, it shall be the duty of the\\nattending physician to make a report of this fact to the proper health\\nofficer, who shall record the same in the records of his office, and\\nshall relieve said person from further liability to any requirements\\nimposed by this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2226", "title" : "Tuberculosis; death or removal of patient from premises; notice to health officer", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2226", "activeDate" : "2014-09-22", "sequenceNo" : 714, "repealedDate" : null, "fromSection" : "2226", "toSection" : "2226", "text" : " § 2226. Tuberculosis; death or removal of patient from premises;\\nnotice to health officer. In case of the vacation of any apartment or\\npremises by the death or removal therefrom of a person having\\ntuberculosis, it shall be the duty of the attending physician, or if\\nthere be no such physician, or if such physician be absent, of the\\nowner, lessee, occupant, or other person having charge of the said\\napartment or premises, within twenty-four hours thereafter, to notify\\nthe health officer of the local health district of said death or\\nremoval.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2227", "title" : "Tuberculosis; duty of public health council", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2227", "activeDate" : "2014-09-22", "sequenceNo" : 715, "repealedDate" : null, "fromSection" : "2227", "toSection" : "2227", "text" : " § 2227. Tuberculosis; duty of public health council. The public\\nhealth council shall include in the sanitary code regulations defining\\nthe methods and precautions to be observed in disinfecting, cleansing,\\nor renovating premises under the provisions of this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2229", "title" : "Tuberculosis; vaccine and vaccination", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2229", "activeDate" : "2014-09-22", "sequenceNo" : 716, "repealedDate" : null, "fromSection" : "2229", "toSection" : "2229", "text" : " § 2229. Tuberculosis; vaccine and vaccination. 1. No vaccine shall be\\nused for the purpose of inducing immunity against tuberculosis in humans\\nin this state unless produced in accordance with regulations established\\nor approved by the commissioner.\\n 2. Vaccination with such approved vaccine shall be performed only in\\naccordance with regulations established by the commissioner.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2230", "title" : "Tuberculosis; violations and penalties", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2230", "activeDate" : "2014-09-22", "sequenceNo" : 717, "repealedDate" : null, "fromSection" : "2230", "toSection" : "2230", "text" : " § 2230. Tuberculosis; violations and penalties. Any person violating\\nany of the provisions of sections two thousand two hundred twenty to two\\nthousand two hundred twenty-six, inclusive, of this chapter shall be\\ndeemed guilty of a misdemeanor and upon conviction thereof shall be\\nsubject, except as in this article otherwise provided, to a fine of not\\nless than five dollars nor more than fifty dollars.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 9 }, "repealed" : false } ], "size" : 2 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A23", "title" : "Control of Sexually Transmitted Diseases", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "23", "activeDate" : "2014-09-22", "sequenceNo" : 718, "repealedDate" : null, "fromSection" : "2304", "toSection" : "2334", "text" : " ARTICLE 23\\n CONTROL OF SEXUALLY TRANSMITTED DISEASES\\nTitle I. Care and treatment (§§ 2304-2312).\\n II. Houses of prostitution: injunction and abatement\\n (§§ 2320-2334).\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A23T1", "title" : "Care and Treatment", "docType" : "TITLE", "publishedDates" : [ "2014-09-22", "2019-09-20" ], "docLevelId" : "1", "activeDate" : "2019-09-20", "sequenceNo" : 719, "repealedDate" : null, "fromSection" : "2304", "toSection" : "2312", "text" : " TITLE I\\n CARE AND TREATMENT\\nSection 2304. Sexually transmitted diseases; treatment facilities;\\n administration.\\n 2305. Sexually transmitted diseases; treatment by licensed\\n physician or staff physician of a hospital;\\n prescriptions.\\n 2306. Sexually transmitted diseases; reports and information,\\n confidential.\\n 2307. Venereal disease; person knowing himself to be infected.\\n 2308. Sexually transmitted disease; pregnant women; blood test\\n for syphilis.\\n 2308-a. Sexually transmitted diseases; tests for sexually\\n transmitted diseases.\\n 2311. Sexually transmitted disease list.\\n 2312. Expedited partner therapy for chlamydia trachomatis\\n infection and other sexually transmitted infections.\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2304", "title" : "Sexually transmitted diseases; treatment facilities; administration", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2304", "activeDate" : "2014-09-22", "sequenceNo" : 720, "repealedDate" : null, "fromSection" : "2304", "toSection" : "2304", "text" : " § 2304. Sexually transmitted diseases; treatment facilities;\\nadministration. 1. It shall be the responsibility of each board of\\nhealth of a health district to provide adequate facilities for the\\ndiagnosis and treatment of persons living within its jurisdiction who\\nare suspected of being infected or are infected with a sexually\\ntransmitted disease.\\n 2. The health officer of said health district shall administer these\\nfacilities directly or through contract and shall promptly examine or\\narrange for the examination of persons suspected of being infected with\\na sexually transmitted disease, and shall promptly institute treatment\\nor arrange for the treatment of those found or otherwise known to be\\ninfected with a sexually transmitted disease, provided that any person\\nmay, at his option, be treated at his own expense by a licensed\\nphysician of his choice.\\n 3. The facilities provided by the board of health and the\\nadministration of these facilities by the health officer shall comply\\nwith requirements of the commissioner.\\n 4. Each board of health and local health officer shall ensure that\\ndiagnosis and treatment services are available and, to the greatest\\nextent practicable, seek third party coverage or indemnification for\\nsuch services; provided, however, that no board of health, local health\\nofficer, or other municipal officer or entity shall request or require\\nthat such coverage or indemnification be utilized as a condition of\\nproviding diagnosis or treatment services.\\n 5. The term \"health officer\" as used in this article shall mean a\\ncounty health officer, a city health officer, a town health officer, a\\nvillage health officer, the health officer of a consolidated health\\ndistrict or a state district health officer.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2305", "title" : "Sexually transmitted diseases; treatment by licensed physician or staff physician of a hospital; prescriptions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2305", "activeDate" : "2014-09-22", "sequenceNo" : 721, "repealedDate" : null, "fromSection" : "2305", "toSection" : "2305", "text" : " § 2305. Sexually transmitted diseases; treatment by licensed physician\\nor staff physician of a hospital; prescriptions. 1. No person, other\\nthan a licensed physician, or, in a hospital, a staff physician, shall\\ndiagnose, treat or prescribe for a person who is infected with a\\nsexually transmitted disease, or who has been exposed to infection with\\na sexually transmitted disease, or dispense or sell a drug, medicine or\\nremedy for the treatment of such person except on prescription of a duly\\nlicensed physician.\\n 2. A licensed physician, or in a hospital, a staff physician, may\\ndiagnose, treat or prescribe for a person under the age of twenty-one\\nyears without the consent or knowledge of the parents or guardian of\\nsaid person, where such person is infected with a sexually transmitted\\ndisease, or has been exposed to infection with a sexually transmitted\\ndisease.\\n 3. For the purposes of this section, the term \"hospital\" shall mean a\\nhospital as defined in article twenty-eight of this chapter.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2306", "title" : "Sexually transmitted diseases; reports and information, confidential", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2306", "activeDate" : "2014-09-22", "sequenceNo" : 722, "repealedDate" : null, "fromSection" : "2306", "toSection" : "2306", "text" : " § 2306. Sexually transmitted diseases; reports and information,\\nconfidential. All reports or information secured by a board of health or\\nhealth officer under the provisions of this article shall be\\nconfidential except in so far as is necessary to carry out the purposes\\nof this article. Such report or information may be disclosed by court\\norder in a criminal proceeding in which it is otherwise admissible or in\\na proceeding pursuant to article ten of the family court act in which it\\nis otherwise admissible, to the prosecution and to the defense, or in a\\nproceeding pursuant to article ten of the family court act in which it\\nis otherwise admissible, to the petitioner, respondent and attorney for\\nthe child, provided that the subject of the report or information has\\nwaived the confidentiality provided for by this section except insofar\\nas is necessary to carry out the purposes of this article. Information\\nmay be disclosed to third party reimbursers or their agents to the\\nextent necessary to reimburse health care providers for health services;\\nprovided that, when necessary, an otherwise appropriate authorization\\nfor such disclosure has been secured by the provider. A person waives\\nthe confidentiality provided for by this section if such person\\nvoluntarily discloses or consents to disclosure of such report or\\ninformation or a portion thereof. If such person lacks the capacity to\\nconsent to such a waiver, his or her parent, guardian or attorney may so\\nconsent. An order directing disclosure pursuant to this section shall\\nspecify that no report or information shall be disclosed pursuant to\\nsuch order which identifies or relates to any person other than the\\nsubject of the report or information. Reports and information may be\\nused in the aggregate in programs approved by the commissioner for the\\nimprovement of the quality of medical care provided to persons with\\nsexually transmitted diseases; or with patient identifiers when used\\nwithin the state or local health department by public health disease\\nprograms to assess co-morbidity or completeness of reporting and to\\ndirect program needs, in which case patient identifiers shall not be\\ndisclosed outside the state or local health department except as\\notherwise provided for in this section.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2307", "title" : "Venereal disease; person knowing himself to be infected", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2307", "activeDate" : "2014-09-22", "sequenceNo" : 723, "repealedDate" : null, "fromSection" : "2307", "toSection" : "2307", "text" : " § 2307. Venereal disease; person knowing himself to be infected. Any\\nperson who, knowing himself or herself to be infected with an infectious\\nvenereal disease, has sexual intercourse with another shall be guilty of\\na misdemeanor.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2308", "title" : "Sexually transmitted disease; pregnant women; blood test for syphilis", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2023-05-12", "2023-06-23", "2024-05-31" ], "docLevelId" : "2308", "activeDate" : "2014-09-22", "sequenceNo" : 724, "repealedDate" : null, "fromSection" : "2308", "toSection" : "2308", "text" : " § 2308. Sexually transmitted disease; pregnant women; blood test for\\nsyphilis. 1. Every physician attending pregnant women in the state shall\\nin the case of every woman so attended take or cause to be taken a\\nsample of blood of such woman at the time of first examination, and\\nsubmit such sample to an approved laboratory for a standard serological\\ntest for syphilis.\\n 2. Every other person permitted by law to attend upon pregnant women\\nin the state but not permitted by law to take blood tests, shall cause a\\nsample of the blood of such pregnant woman to be taken promptly by a\\nduly licensed physician and submitted to an approved laboratory for a\\nstandard serological test for syphilis.\\n 3. The term \"approved laboratory\" means a laboratory approved for the\\npurpose as herein provided by the department, or in the city of New York\\nby the department of health of such city.\\n 4. A standard serological test for syphilis is one recognized as such\\nby the department or in the city of New York by the department of health\\nof such city.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2308-A", "title" : "Sexually transmitted diseases; tests for sexually transmitted diseases", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2308-A", "activeDate" : "2014-09-22", "sequenceNo" : 725, "repealedDate" : null, "fromSection" : "2308-A", "toSection" : "2308-A", "text" : " § 2308-a. Sexually transmitted diseases; tests for sexually\\ntransmitted diseases. 1. The administrative officer or other person in\\ncharge of a clinic or other facility providing gynecological,\\nobstetrical, genito-urological, contraceptive, sterilization or\\ntermination of pregnancy services or treatment shall require the staff\\nof such clinic or facility to offer to administer to every resident of\\nthe state of New York coming to such clinic or facility for such\\nservices or treatment, appropriate examinations or tests for the\\ndetection of sexually transmitted diseases.\\n 2. Each physician providing gynecological, obstetrical,\\ngenito-urological, contraceptive, sterilization, or termination of\\npregnancy services or treatment shall offer to administer to every\\nresident of the state of New York coming to such physician for such\\nservices or treatment, appropriate examinations or tests for the\\ndetection of sexually transmitted diseases.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2311", "title" : "Sexually transmitted disease list", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2311", "activeDate" : "2014-09-22", "sequenceNo" : 726, "repealedDate" : null, "fromSection" : "2311", "toSection" : "2311", "text" : " § 2311. Sexually transmitted disease list. The commissioner shall\\npromulgate a list of sexually transmitted diseases, such as gonorrhea\\nand syphilis, for the purposes of this article. The commissioner, in\\ndetermining the diseases to be included in such list, shall consider\\nthose conditions principally transmitted by sexual contact, other\\nsections of this chapter addressing communicable diseases and the impact\\nof particular diseases on individual morbidity and the health of\\nnewborns.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2312", "title" : "Expedited partner therapy for chlamydia trachomatis infection", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2019-09-20", "2020-01-10" ], "docLevelId" : "2312", "activeDate" : "2019-09-20", "sequenceNo" : 727, "repealedDate" : null, "fromSection" : "2312", "toSection" : "2312", "text" : " * § 2312. Expedited partner therapy for chlamydia trachomatis\\ninfection. 1. Notwithstanding any other provision of law and consistent\\nwith section two thousand three hundred five of this title, a health\\ncare practitioner (who is authorized under title eight of the education\\nlaw to diagnose and prescribe drugs for sexually transmitted chlamydia\\ntrachomatis infection, acting within his or her lawful scope of\\npractice) who diagnoses a sexually transmitted chlamydia trachomatis\\ninfection in an individual patient may prescribe, dispense, furnish, or\\notherwise provide prescription antibiotic drugs to that patient's sexual\\npartner or partners without examination of that patient's partner or\\npartners.\\n 2. A health care practitioner who reasonably and in good faith renders\\nexpedited partner therapy in accordance with this section and following\\nthe rules and regulations promulgated by the commissioner shall not be\\nsubject to civil or criminal liability or be deemed to have engaged in\\nunprofessional conduct.\\n 3. The commissioner shall promulgate rules and regulations concerning\\nthe implementation of this section and shall also develop forms for\\npatients and their partners explaining expedited partner therapy for a\\nchlamydia trachomatis infection. Such forms shall be written in a clear\\nand coherent manner using words with common, everyday meanings.\\n * NB Effective until January 1, 2020\\n * § 2312. Expedited partner therapy for chlamydia trachomatis\\ninfection and other sexually transmitted infections. 1. Notwithstanding\\nany other provision of law and consistent with section two thousand\\nthree hundred five of this title, a health care practitioner (who is\\nauthorized under title eight of the education law to diagnose and\\nprescribe drugs for sexually transmitted chlamydia trachomatis infection\\nand other sexually transmitted infections, acting within his or her\\nlawful scope of practice) who diagnoses a sexually transmitted chlamydia\\ntrachomatis infection or other sexually transmitted infection in an\\nindividual patient may prescribe, dispense, furnish, or otherwise\\nprovide prescription antibiotic drugs for the sexually transmitted\\ninfections for which the Centers for Disease Control and Prevention\\nrecommends the use of expedited partner therapy to that patient's sexual\\npartner or partners without examination of that patient's partner or\\npartners.\\n 2. A health care practitioner who reasonably and in good faith renders\\nexpedited partner therapy in accordance with this section and following\\nthe rules and regulations promulgated by the commissioner shall not be\\nsubject to civil or criminal liability or be deemed to have engaged in\\nunprofessional conduct.\\n 3. The commissioner shall promulgate rules and regulations concerning\\nthe implementation of this section and shall also develop forms for\\npatients and their partners explaining expedited partner therapy for a\\nchlamydia trachomatis infection and other sexually transmitted\\ninfections for which the Centers for Disease Control and Prevention\\nrecommends the use of expedited partner therapy. Such forms shall be\\nwritten in a clear and coherent manner using words with common, everyday\\nmeanings.\\n * NB Effective January 1, 2020\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 8 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A23T2", "title" : "Houses of Prostitution: Injunction and Abatement", "docType" : "TITLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2", "activeDate" : "2014-09-22", "sequenceNo" : 728, "repealedDate" : null, "fromSection" : "2320", "toSection" : "2334", "text" : " TITLE II\\n HOUSES OF PROSTITUTION: INJUNCTION AND ABATEMENT\\nSection 2320. Houses of prostitution; equipment; nuisance.\\n 2321. Houses of prostitution; injunction; jurisdiction,\\n complaint and parties to the action.\\n 2322. Houses of prostitution; injunction; service of summons.\\n 2323. Houses of prostitution; injunction; temporary\\n restraining order; service.\\n 2324. Houses of prostitution; injunction; trial of action.\\n 2324-a. Presumptive evidence.\\n 2325. Houses of prostitution; injunction; withdrawal of\\n complaint.\\n 2326. Houses of prostitution; injunction; dismissal; costs\\n against plaintiff.\\n 2327. Houses of prostitution; injunction; scope; violation.\\n 2328. Houses of prostitution; injunction; penalty for\\n violation.\\n 2329. Houses of prostitution; injunction; order of abatement;\\n sale and removal of property; fees.\\n 2330. Houses of prostitution; abatement; breaking, entering or\\n using closed building.\\n 2331. Houses of prostitution; abatement; proceeds.\\n 2332. Houses of prostitution; abatement; release of property\\n on filing bond.\\n 2333. Houses of prostitution; injunction proceedings;\\n witnesses and officers fees.\\n 2334. Houses of prostitution; criminal proceeding; duty of\\n district attorney.\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2320", "title" : "Houses of prostitution; equipment; nuisance", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2320", "activeDate" : "2014-09-22", "sequenceNo" : 729, "repealedDate" : null, "fromSection" : "2320", "toSection" : "2320", "text" : " § 2320. Houses of prostitution; equipment; nuisance. 1. Whoever shall\\nerect, establish, continue, maintain, use, own, or lease any building,\\nerection, or place used for the purpose of lewdness, assignation, or\\nprostitution is guilty of maintaining a nuisance.\\n 2. The building, erection, or place, or the ground itself, in or upon\\nwhich any lewdness, assignation, or prostitution is conducted,\\npermitted, or carried on, continued, or exists, and the furniture,\\nfixtures, musical instruments, and movable property used in conducting\\nor maintaining such nuisance, are hereby declared to be a nuisance and\\nshall be enjoined and abated as hereafter provided.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2321", "title" : "Houses of prostitution; injunction; jurisdiction, complaint and parties to the action", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2321", "activeDate" : "2014-09-22", "sequenceNo" : 730, "repealedDate" : null, "fromSection" : "2321", "toSection" : "2321", "text" : " § 2321. Houses of prostitution; injunction; jurisdiction, complaint\\nand parties to the action. 1. When a nuisance is kept, maintained, or\\nexists, as defined in this article, the district attorney, or any\\ncitizen of the county, or any society, association, or body incorporated\\nunder the laws of this state, may maintain an action in equity in the\\nname of the people of the state of New York, upon the relation of such\\ndistrict attorney, citizen, or corporation to perpetually enjoin said\\nnuisance, the person or persons conducting or maintaining the same from\\nfurther conducting or maintaining the same, and the owner, or agent of\\nthe building or ground upon which said nuisance exists, from further\\npermitting such building or ground or both to be so used.\\n 2. Such action shall be brought in the supreme court of the county in\\nwhich the property is situated.\\n 3. The complaint in such action shall be verified and shall set forth\\nthe facts constituting the nuisance complained of, and may at or before\\nthe commencement of the action be filed in the office of the clerk of\\nthe county, together with a notice of the pendency of the action,\\nstating the names of the parties and the object of the action, and\\ncontaining a brief description of the property, real and personal, in\\nthe county affected thereby.\\n 4. Upon the verified complaint and upon such other proof as the court\\nmay require, and notwithstanding any other provision of law to the\\ncontrary, the supreme court, or a justice of the supreme court, may,\\nwithout a hearing and without notice, grant an injunction order,\\nrestraining the defendants and each of them from continuing such\\nnuisance, and from removing, or in any manner interfering with, the\\nfurniture, fixtures, musical instruments and movable property used in\\nconducting such nuisance, and described and set forth in the complaint,\\nand in such order fix a time of hearing at a term of the supreme court\\nto be held in such county, for an order continuing such injunction order\\nduring the pendency of the action.\\n 5. Such injunction order shall be served, together with a copy of the\\ncomplaint and the affidavits, if any, upon which the same was granted,\\npersonally upon the defendants, or by leaving copies thereof with a\\nperson of full age, if any such person be found at the premises\\ndescribed in the complaint, or by posting at or on the main entrance to\\nthe building on such premises, copies thereof, on or before the time\\nfixed for such service in such injunction order. The defendants, or any\\nof them, may upon such hearing submit proof by affidavits, and the\\nplaintiff may submit additional proof by affidavits. If it appears upon\\nsuch hearing that there is probable proof of the maintenance of such\\nnuisance, the court may continue the injunction order during the\\npendency of the action.\\n 6. No bond or undertaking shall be required as a condition of granting\\nor continuing such injunction order, or orders.\\n 7. The person in whose name the real estate affected by the action is\\nrecorded in the county clerk's office shall be presumed to be the owner\\nthereof.\\n 8. The owner and any person having any claim or lien against the real\\nor personal property affected by the action shall be made parties\\ndefendant. If any such persons be unknown to the relator such unknown\\npersons shall be designated as \"all other persons unknown claiming any\\nownership, right, title, or interest in the property affected by this\\naction.\"\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2322", "title" : "Houses of prostitution; injunction; service of summons", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2322", "activeDate" : "2014-09-22", "sequenceNo" : 731, "repealedDate" : null, "fromSection" : "2322", "toSection" : "2322", "text" : " § 2322. Houses of prostitution; injunction; service of summons. The\\nsummons in an action provided by section two thousand three hundred\\ntwenty-one of this chapter, may be served as in a civil action except\\nthat, in case service by publication is ordered, the mailing of a copy\\nof the order and the summons to the defendant may be dispensed within\\nthe order and the order may provide that such publication in a paper\\npublished daily in the city where the property affected by the action is\\nlocated, twice a week for two weeks, will be sufficient publication, in\\nwhich case service will be deemed completed upon the date of last\\npublication; and except that where personal service is made without the\\nstate, the service will be deemed completed upon the date of such\\npersonal service.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2323", "title" : "Houses of prostitution; injunction; temporary restraining order; service", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2323", "activeDate" : "2014-09-22", "sequenceNo" : 732, "repealedDate" : null, "fromSection" : "2323", "toSection" : "2323", "text" : " § 2323. Houses of prostitution; injunction; temporary restraining\\norder; service. 1. Where a permanent or temporary injunction is prayed\\nfor, the court, or judge in vacation, on the application of the\\nplaintiff, may issue an ex parte restraining order, restraining the\\ndefendants and all other persons from removing or in any manner\\ninterfering with the furniture, fixtures, musical instruments and\\nmovable property used in conducting the alleged nuisance, until the\\ndecision of the court or judge granting or refusing such temporary\\ninjunction and until the further order of the court thereon.\\n 2. The restraining order may be served by handing to and leaving a\\ncopy of said order with any person in charge of said property or\\nresiding in the premises, and by posting a copy thereof in a conspicuous\\nplace at or upon one or more of the principal doors at entrances of such\\npremises where such nuisance is alleged to be maintained, or by either\\nsuch delivery or posting.\\n 3. The officers serving such restraining order shall forthwith make\\nand return into court an inventory of the personal property situated in\\nand used in conducting or maintaining said nuisance and shall enter upon\\nthe premises for such purpose.\\n 4. Where such order is so posted, mutilation or removal thereof, while\\nthe same remains in force, shall be a contempt of court, provided such\\nposted order contains thereon or therein a notice to that effect.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2324", "title" : "Houses of prostitution; injunction; trial of action", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2324", "activeDate" : "2014-09-22", "sequenceNo" : 733, "repealedDate" : null, "fromSection" : "2324", "toSection" : "2324", "text" : " § 2324. Houses of prostitution; injunction; trial of action. 1. The\\naction for a permanent injunction instituted pursuant to this article,\\nshall be triable at the first term of the supreme court after due and\\ntimely notice has been served as in other actions.\\n 2. If the complaint be uncontroverted it shall be deemed true without\\nfurther proof.\\n 3. (a) In such action evidence of the common fame and general\\nreputation of the place, of the inmates or occupants thereof, or of\\nthose resorting thereto, shall be competent evidence to prove the\\nexistence of the nuisance.\\n (b) An admission or finding of guilt of any person of a violation of\\nsection 230.40 of the penal law at such place shall be presumptive\\nevidence of the nuisance, and a plea of guilty or a conviction in a\\ncriminal action of maintaining a nuisance at the place described in the\\ncomplaint shall be prima facie evidence of the nuisance, and the records\\nof any court in the jurisdiction shall be admissible as evidence to\\nprove the conviction or plea of guilty.\\n (c) If evidence of the general reputation of the place, or of the\\ninmates or occupants thereof, is sufficient to establish the existence\\nof a nuisance it shall be prima facie evidence of knowledge thereof and\\nacquiescence and participation therein and responsibility for the\\nnuisance, on the part of the owners, lessors, lessees, users, and all\\nthose in possession of or having charge of, as agent or otherwise, or\\nhaving any interest in any form of property, real or personal, used in\\nconducting or maintaining said nuisance.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2324-A", "title" : "Presumptive evidence", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-10-30", "2016-01-22", "2018-08-17", "2018-11-16" ], "docLevelId" : "2324-A", "activeDate" : "2018-11-16", "sequenceNo" : 734, "repealedDate" : null, "fromSection" : "2324-A", "toSection" : "2324-A", "text" : " § 2324-a. Presumptive evidence. For the purposes of this title, two or\\nmore convictions of any person or persons had, within a period of one\\nyear, for any of the offenses described in section 230.00, 230.05,\\n230.06, 230.08, 230.11, 230.12, 230.13, 230.20, 230.25, 230.30, 230.32\\nor 230.34-a of the penal law arising out of conduct engaged in at the\\nsame real property consisting of a dwelling as that term is defined in\\nsubdivision four of section four of the multiple dwelling law shall be\\npresumptive evidence of conduct constituting use of the premises for\\npurposes of prostitution.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2325", "title" : "Houses of prostitution; injunction; withdrawal of complaint", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2325", "activeDate" : "2014-09-22", "sequenceNo" : 735, "repealedDate" : null, "fromSection" : "2325", "toSection" : "2325", "text" : " § 2325. Houses of prostitution; injunction; withdrawal of complaint.\\n1. If the complaint in an action instituted pursuant to the provisions\\nof this article, is filed by any person or association, it shall not be\\ndismissed except upon a sworn statement made by the complainant and his\\nattorney, setting forth the reasons why the action should be dismissed,\\nand the dismissal approved by the district attorney in writing or in\\nopen court.\\n 2. If the judge is of the opinion that the action should not be\\ndismissed, he may direct the district attorney to prosecute said action\\nto judgment, and if the action is continued more than one term of court,\\nexcept for good cause shown, any citizen of the county or the district\\nattorney may be substituted for the complaining party and prosecute said\\naction to judgment.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2326", "title" : "Houses of prostitution; injunction; dismissal; costs against plaintiff", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2326", "activeDate" : "2014-09-22", "sequenceNo" : 736, "repealedDate" : null, "fromSection" : "2326", "toSection" : "2326", "text" : " § 2326. Houses of prostitution; injunction; dismissal; costs against\\nplaintiff. If an action instituted pursuant to the provisions of this\\narticle, is brought by any person or association and the court finds\\nthere were not reasonable grounds or cause for said action the costs may\\nbe taxed against such person or association.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2327", "title" : "Houses of prostitution; injunction; scope; violation", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2327", "activeDate" : "2014-09-22", "sequenceNo" : 737, "repealedDate" : null, "fromSection" : "2327", "toSection" : "2327", "text" : " § 2327. Houses of prostitution; injunction; scope; violation. 1. When\\nan injunction has been granted pursuant to the provisions of this\\narticle, it shall be binding on each defendant throughout the state, and\\nany violation of the provisions of the injunction or temporary\\nrestraining order herein provided, shall be a contempt and punished as\\nhereinafter provided.\\n 2. In case of a violation of any injunction granted under the\\nprovisions of this article, or of a restraining order or the commission\\nof any contempt of court in proceedings under this article the court, or\\nin vacation a judge thereof, may summarily try and punish the offender.\\n 3. The contempt proceedings shall be commenced by filing with the\\nclerk of the court a complaint under oath, setting out and alleging the\\nfacts constituting such violation, upon which the court or judge shall\\ncause a warrant to issue, under which the defendant shall be arrested.\\nThe trial may be had upon affidavits, or either party may demand the\\nproduction and oral examination of the witnesses.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2328", "title" : "Houses of prostitution; injunction; penalty for violation", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2328", "activeDate" : "2014-09-22", "sequenceNo" : 738, "repealedDate" : null, "fromSection" : "2328", "toSection" : "2328", "text" : " § 2328. Houses of prostitution; injunction; penalty for violation. A\\nparty found guilty of contempt under the provisions of this article\\nshall be punished by a fine of not less than three hundred nor more than\\none thousand dollars or by imprisonment for not less than three nor more\\nthan six months or by both fine and imprisonment, for the first offense,\\nand for the second and each subsequent offense shall be imprisoned for\\none year.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2329", "title" : "Houses of prostitution; injunction; order of abatement; sale and removal of property; fees", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2329", "activeDate" : "2014-09-22", "sequenceNo" : 739, "repealedDate" : null, "fromSection" : "2329", "toSection" : "2329", "text" : " § 2329. Houses of prostitution; injunction; order of abatement; sale\\nand removal of property; fees. 1. If the existence of the nuisance be\\nadmitted or established in an action as provided in this article, or in\\na criminal proceeding in any court, an order of abatement shall be\\nentered as a part of the judgment in the case, which order shall direct\\nthe removal from the building or place of all fixtures, furniture,\\nmusical instruments, or movable property used in conducting the nuisance\\nand shall direct the sale of such in the manner provided for the sale of\\nchattels under execution, and shall direct the effectual closing of the\\nbuilding, erection or place against its use for any purpose, and so\\nkeeping it closed for a period of one year, unless sooner released as\\nhereinafter provided. Such closing, however, shall not be deemed, in\\nany manner or form, to be an assumption of the supervision and care of\\nthe building, erection or place by any officer authorized to act\\npursuant to this section, if provision is made in the order of abatement\\nthat the owner or lessor of the building, erection or place shall be\\npermitted access to supervise and maintain the building, erection or\\nplace. In cities having a population of one million or more, the order\\nof abatement which shall be entered pursuant to this section may, in\\naddition to or in lieu of the provisions set forth in this subdivision,\\ndirect the commissioner of the department of buildings of such city, or\\nsuch other competent city official as may be appropriate, to issue an\\norder to vacate for the purpose of assisting in the effectual closing of\\nthe building pursuant to this section. The issuance of such order to\\nvacate and the closing of the building, erection or place in accordance\\ntherewith shall not be deemed, in any manner or form, an assumption of\\nthe supervision and care of the building, erection or place by any city\\nauthorized to act pursuant to this subdivision, if provision is made in\\nthe order of abatement that the owner or lessor of the building,\\nerection or place shall be permitted access to supervise and maintain\\nthe building, erection or place.\\n 2. For removing and selling the movable property, the officer shall be\\nentitled to a charge and receive the same fees as he would for levying\\nupon and selling like property, on execution and for closing the\\npremises and keeping it closed a reasonable sum shall be allowed by the\\ncourt.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2330", "title" : "Houses of prostitution; abatement; breaking, entering or using closed building", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2330", "activeDate" : "2014-09-22", "sequenceNo" : 740, "repealedDate" : null, "fromSection" : "2330", "toSection" : "2330", "text" : " § 2330. Houses of prostitution; abatement; breaking, entering or using\\nclosed building. If any person shall break and enter, or use a building,\\nerection, or place directed to be closed pursuant to the provisions of\\nthis article, he shall be punished as for contempt as provided in this\\narticle.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2331", "title" : "Houses of prostitution; abatement; proceeds", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2331", "activeDate" : "2014-09-22", "sequenceNo" : 741, "repealedDate" : null, "fromSection" : "2331", "toSection" : "2331", "text" : " § 2331. Houses of prostitution; abatement; proceeds. 1. All moneys\\ncollected under the provisions of sections two thousand three hundred\\ntwenty to two thousand three hundred thirty-four, inclusive, of this\\nchapter, shall be paid to the county treasurer.\\n 2. The proceeds of the sale of the personal property as provided in\\nsection two thousand three hundred twenty-nine of this chapter, shall be\\napplied in payment of the costs of the action and abatement or so much\\nof such proceeds as may be necessary, except as hereinafter provided.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2332", "title" : "Houses of prostitution; abatement; release of property on filing bond", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2332", "activeDate" : "2014-09-22", "sequenceNo" : 742, "repealedDate" : null, "fromSection" : "2332", "toSection" : "2332", "text" : " § 2332. Houses of prostitution; abatement; release of property on\\nfiling bond. 1. If the owner of the premises in which a nuisance, as\\ndefined in this article, has been maintained appears and pays all costs\\nof the proceeding and files a bond with sureties to be approved by the\\ncourt in the full value of the property, to be ascertained by the court,\\nor in vacation by the judge thereof, conditioned that he will\\nimmediately abate said nuisance and prevent the same from being\\nestablished, or kept therein within a period of one year thereafter, the\\ncourt, or in vacation the judge, if satisfied of his good faith, may\\norder the premises, closed or sought to be closed under the order of\\nabatement, delivered to said owner, and said order of abatement\\ncancelled so far as the same may relate to said real property.\\n 2. The release of the property under the provisions of this section\\nshall not release it from the injunction herein provided against the\\nproperty nor any of the defendants nor from any judgment, lien, or\\nliability to which it may be subject by law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2333", "title" : "Houses of prostitution; injunction proceedings; witnesses and officers fees", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2333", "activeDate" : "2014-09-22", "sequenceNo" : 743, "repealedDate" : null, "fromSection" : "2333", "toSection" : "2333", "text" : " § 2333. Houses of prostitution; injunction proceedings; witnesses and\\nofficers fees. In any action brought to enjoin and abate a nuisance, as\\ndefined in this article, no officer or witness shall be entitled to\\nreceive in advance fees for service or attendance.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2334", "title" : "Houses of prostitution; criminal proceedings; duty of district attorney", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2334", "activeDate" : "2014-09-22", "sequenceNo" : 744, "repealedDate" : null, "fromSection" : "2334", "toSection" : "2334", "text" : " § 2334. Houses of prostitution; criminal proceedings; duty of district\\nattorney. 1. In case the existence of a nuisance as defined in this\\narticle, is established, in a criminal action in a court other than the\\nsupreme court it shall be the duty of the district attorney to proceed\\npromptly under the provisions of this article to enforce the provisions\\nand penalties thereof.\\n 2. The conviction of the defendant in such criminal action, unless\\nreversed or set aside, shall be conclusive as against such defendant as\\nto the existence of the nuisance.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 16 }, "repealed" : false } ], "size" : 2 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A24", "title" : "Control of Malignant Diseases", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22", "2016-07-01" ], "docLevelId" : "24", "activeDate" : "2016-07-01", "sequenceNo" : 745, "repealedDate" : null, "fromSection" : "2400", "toSection" : "2423", "text" : " ARTICLE 24\\n CONTROL OF MALIGNANT DISEASES\\nTitle I. General provisions (§§ 2400--2404-d).\\n I-A. Cancer Detection and Education Program (§§ 2405--2409-a).\\n I-B. Health Research Science Board (§§ 2410-2413).\\n II. State institute for the study of malignant diseases\\n (§§ 2420-2423).\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A24T1", "title" : "General Provisions", "docType" : "TITLE", "publishedDates" : [ "2014-09-22", "2016-07-01", "2022-05-20" ], "docLevelId" : "1", "activeDate" : "2016-07-01", "sequenceNo" : 746, "repealedDate" : null, "fromSection" : "2400", "toSection" : "2404-D", "text" : " TITLE I\\n GENERAL PROVISIONS\\nSection 2400. Cancer; powers and duties of commissioner.\\n 2401. Cancer; duty to report.\\n 2401-a. Reporting.\\n 2401-b. Cancer incidence and environmental facility maps.\\n 2402. Cancer; reports confidential.\\n 2403. Cancer; compulsory submission for supervision or\\n inspection not required.\\n 2404. Breast cancer; duty to inform.\\n 2404-a. Prostate cancer; duty to inform.\\n 2404-b. Breast cancer; duty of providers of mammography services\\n to ascertain and provide clinical breast examination\\n information.\\n 2404-c. Breast cancer; duty of providers of mammography services\\n to notify and inform.\\n 2404-d. Breast cancer; duty to provide extended hours.\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2400", "title" : "Cancer; powers and duties of commissioner", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2400", "activeDate" : "2014-09-22", "sequenceNo" : 747, "repealedDate" : null, "fromSection" : "2400", "toSection" : "2400", "text" : " § 2400. Cancer; powers and duties of commissioner. The commissioner\\nshall conduct investigations of the cause, mortality, methods of\\ntreatment, prevention and cure of cancer, and allied diseases, including\\nthe nature and extent of the facilities available in the several\\ncounties and cities of the state, for the diagnosis and treatment of\\nthese diseases, and shall cooperate with local health authorities,\\nphysicians, hospitals, clinics and voluntary associations, in the\\ndevelopment of suitable facilities for the diagnosis, treatment and\\ncontrol of cancer.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2401", "title" : "Cancer; duty to report", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2401", "activeDate" : "2014-09-22", "sequenceNo" : 748, "repealedDate" : null, "fromSection" : "2401", "toSection" : "2401", "text" : " § 2401. Cancer; duty to report. 1. Every physician, dentist and other\\nhealth care provider shall give notice immediately but not later than\\none hundred eighty days of every case of cancer or other malignant\\ndisease coming under his or her care, to the department, except as\\notherwise provided.\\n 2. Whenever an examination of a tissue specimen in a laboratory\\ndiscloses the existence of cancer or other malignant disease, the person\\nin charge of such laboratory or the person making such examination shall\\nimmediately but not later than one hundred eighty days report the same\\ntogether with all the facts in connection therewith to the department.\\n 3. The person in charge of every cancer reporting facility shall\\nimmediately but not later than one hundred eighty days give notice of\\nevery case of cancer or malignant disease coming under the care of the\\ninstitution to the department.\\n 4. All abstracting work performed by a cancer reporting facility\\npursuant to the reporting provisions of this section shall be performed\\nby a certified tumor registrar. Cancer reporting facilities may\\nestablish consortia to engage a certified tumor registrar to perform the\\nreporting requirements of this section. A \"certified tumor registrar\" is\\nan individual certified by a nationally recognized not-for-profit\\norganization which certifies tumor registrars. The provisions of this\\nsubdivision shall not apply to any cancer reporting facility which\\nrenders services for one hundred or fewer cases of cancer and malignant\\ndisease per year as determined by the commissioner.\\n 5. The department shall establish and update as necessary a manual\\ndesignating which specific data elements shall be reported to the\\ndepartment pursuant to this section. The department shall make such\\nmanual available to every cancer reporting facility, physician, dentist\\nand other health care provider required to comply with the provisions of\\nthis section.\\n 6. The department shall establish and update as necessary a data\\ndictionary to standardize information interpretation of data elements\\nreported by cancer reporting facilities and other health care providers.\\nThe department shall make such dictionary available to every cancer\\nreporting facility, physician, dentist and other health care provider\\nrequired to comply with the provisions of this section.\\n 7. The department shall, to the extent funds are made available,\\nestablish or contract for regional training programs to provide training\\nto any cancer reporting facility, physician, dentist or other health\\ncare provider required to comply with the provisions of this section.\\nSuch regional training programs shall provide training relating to the\\nspecific data elements which must be reported pursuant to this section,\\nthe data dictionary established pursuant to this section, and any other\\nsubjects which are intended to ensure quality, timely and complete\\ncompliance with this section.\\n 8. The department shall, meet cancer registry goals established by a\\nnationally recognized central cancer registry organization unless any\\nsuch goal is contrary to any provision of law.\\n 9. Where a cancer reporting facility fails to comply with the\\nprovisions of this section, the department may elect to perform registry\\nservices for such facility. Such cancer reporting facility shall\\nreimburse the department for actual expenses incurred.\\n 10. A physician, dentist, laboratory, cancer reporting facility or\\nother health care provider which violates any provision of this section\\nshall be subject to a civil penalty as provided in section twelve of\\nthis chapter.\\n 11. The notices required by this section shall be upon forms supplied\\nby the commissioner and shall contain such information as shall be\\nrequired by the commissioner.\\n 12. For the purpose of this section, a \"cancer reporting facility\"\\nmeans a hospital as defined in article twenty-eight of this chapter,\\nclinic or any organization certified pursuant to article forty-four of\\nthis chapter, or other similar public or private institution.\\n 13. The commissioner shall have the power to promulgate any such rules\\nand regulations as shall be necessary and proper to effectuate the\\npurposes of this section.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2401-A", "title" : "Skin cancer reporting", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2017-08-04", "2018-01-05" ], "docLevelId" : "2401-A", "activeDate" : "2018-01-05", "sequenceNo" : 749, "repealedDate" : null, "fromSection" : "2401-A", "toSection" : "2401-A", "text" : " § 2401-a. Skin cancer reporting. The department shall submit a written\\nreport every three years, commencing January first, two thousand\\neighteen, to the governor and the legislature on the incidence of skin\\ncancer in the state of New York, by type and as a percentage of the\\noverall number of reported cases of all types of cancer, as well as the\\nassociated causes of each type of skin cancer, if such causes are\\nreadily ascertainable. Such report shall be generated based on data\\ngathered and reviewed pursuant to this title, and shall provide\\ninformation which is as current as practicable; provided, however, a\\nretrospective of the past ten years of information collected pursuant to\\nthis title and predominant trends associated with such information, as\\nconcerns skin cancer and its associated causes, shall be a component of\\nsuch report and each report submitted thereafter. At the discretion of\\nthe commissioner, such reports may provide additional information other\\nthan the information required by this section. The first report created\\npursuant to this section shall be submitted one year after the effective\\ndate of this section. The reports generated pursuant to this section\\nshall be made available to the public on the department's website.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2401-B", "title" : "Cancer incidence and environmental facility maps", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2016-04-22", "2022-05-13" ], "docLevelId" : "2401-B", "activeDate" : "2016-04-22", "sequenceNo" : 750, "repealedDate" : null, "fromSection" : "2401-B", "toSection" : "2401-B", "text" : " * § 2401-b. Cancer incidence and environmental facility maps. 1. For\\npurposes of this section, \"environmental facility\" shall have the same\\nmeaning as provided in section 3-0317 of the environmental conservation\\nlaw.\\n 2. For purposes of this section, \"cancer incidence and environmental\\nfacility maps technical advisory group\" or \"technical advisory group\"\\nshall mean the environmental public health tracking program technical\\nadvisory group required by a cooperative agreement between the\\ndepartment and the federal centers for disease control and prevention.\\n 3. The technical advisory group shall make recommendations to the\\ndepartment on the appropriate use and communication of the cancer\\nincidence and environmental facility maps. Such recommendations shall\\nconsider the scientific strengths and limitations of such mapping and\\noverlay methodologies for cancer tracking and geospatial linking to\\nsignificant disease risk factors, and the appropriate means for\\ncommunicating such strengths and limitation to the public in an easily\\ndiscernible manner. The department shall consider the recommendations of\\nthe technical advisory group when making the maps required by this\\nsection available to the public.\\n 4. The department, in consultation with the department of\\nenvironmental conservation and the technical advisory group, shall\\nestablish and maintain a computer mapping system for plotting cancer\\nincidence and environmental facilities throughout the state, including\\nbut not limited to cancer clusters. Such maps shall overlay locations of\\nenvironmental facilities with cancer incidences.\\n 5. Cancer incidence and environmental facility maps shall include data\\non the incidence of the following cancer types:\\n (a) lung and bronchus;\\n (b) female breast;\\n (c) urinary bladder (including in situ);\\n (d) brain and other nervous system;\\n (e) colon and rectum;\\n (f) non-Hodgkin lymphomas;\\n (g) leukemias;\\n (h) thyroid;\\n (i) liver/intrahepatic bile duct;\\n (j) kidney and renal pelvis;\\n (k) prostate;\\n (l) oral cavity and pharynx;\\n (m) stomach;\\n (n) esophagus;\\n (o) larynx;\\n (p) pancreas;\\n (q) corpus uterus;\\n (r) ovary;\\n (s) testis;\\n (t) mesothelioma;\\n (u) bone;\\n (v) nasal and nasopharynx; and\\n (w) soft tissue sarcomas.\\n 6. Plotting of data for cancer incidence and environmental facility\\nmaps shall be by census block, except in cases where such plotting could\\ndisclose the identity of any person to whom the data relate, in which\\ncase census blocks shall be aggregated for plotting to protect the\\nidentity of such person. When such aggregation is required, the\\ndepartment shall utilize the minimum number of census blocks practicable\\nto protect the identity of such person.\\n 7. By March first, two thousand eleven the department shall make\\navailable to the public information on cancer as designated by the\\nenvironmental public health tracking program of the centers for disease\\ncontrol and prevention, and, in consultation with the department of\\nenvironmental conservation, current data on locations and type of\\nenvironmental facilities.\\n 8. By June thirtieth, two thousand eleven the department shall make\\navailable to the public cancer incidence and environmental facility maps\\nwhich show available information on the location of environmental\\nfacilities and the total number of reported cancers by census block and\\nassociated data for each reported cancer type listed in subdivision five\\nof this section.\\n 9. The department shall make available to the public cancer incidence\\nand environmental facility maps in the manner described in subdivision\\nfour of this section showing cancer clusters by cancer types. Prior to\\nplotting such data, the department shall use an appropriate statistical\\nmethod to detect statistical anomalies for the purpose of identifying\\ncancer clusters.\\n The department shall make such maps available on its public website,\\nand shall, in consultation with the department of environmental\\nconservation, update the maps not less than once every five years.\\n * NB Repealed March 31, 2022\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2402", "title" : "Cancer; reports confidential", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2402", "activeDate" : "2014-09-22", "sequenceNo" : 751, "repealedDate" : null, "fromSection" : "2402", "toSection" : "2402", "text" : " § 2402. Cancer; reports confidential. The reports of cancer cases\\nmade pursuant to the provisions of this article shall not be divulged or\\nmade public so as to disclose the identity of any person to whom they\\nrelate, by any person, except in so far as may be authorized in the\\nsanitary code.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2403", "title" : "Cancer; compulsory submission for supervision or inspection not required", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2403", "activeDate" : "2014-09-22", "sequenceNo" : 752, "repealedDate" : null, "fromSection" : "2403", "toSection" : "2403", "text" : " § 2403. Cancer; compulsory submission for supervision or inspection\\nnot required. Nothing in this article shall be construed to compel any\\nindividual to submit to medical or health department supervision or\\ninspection.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2404", "title" : "Breast cancer; duty to inform", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2022-10-21", "2023-01-13" ], "docLevelId" : "2404", "activeDate" : "2014-09-22", "sequenceNo" : 753, "repealedDate" : null, "fromSection" : "2404", "toSection" : "2404", "text" : " § 2404. Breast cancer; duty to inform. 1. The commissioner shall\\ndevelop a standardized written summary, in plain non-technical language,\\nwhich shall explain the alternative medically viable methods of treating\\nbreast cancer, including but not limited to hormonal, radiological,\\nchemotherapeutic or surgical treatments, or combinations thereof. The\\nsummary shall contain information on breast reconstructive surgery,\\nincluding but not limited to, the use of breast implants, their side\\neffects, risks and other pertinent information to aid a person in\\ndeciding on a course of treatment.\\n 1-a. The informational summary shall also include an explanation of\\nthe special provisions relating to mastectomy, lymph node dissection, or\\nlumpectomy, and breast reconstructive surgery coverage, and second\\nopinion coverage (including out-of-network options) under the insurance\\nlaw and section twenty-eight hundred three-o of this chapter, and\\nsuggest that patients undergoing such procedures check their health\\nplans and/or insurance policies for the details of their coverage.\\n 2. The standardized written summary for alternative breast cancer\\ntreatments shall be provided by a physician to each person under his\\ncare who has been diagnosed to be afflicted with breast cancer upon said\\ndiagnosis, or as soon thereafter as practicable.\\n 3. The summary shall be updated as is necessary.\\n 4. Nothing in this section shall be construed to create a cause of\\naction for lack of informed consent in any instance in which such cause\\nof action would be limited by section twenty-eight hundred five-d of\\nthis chapter.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2404-A", "title" : "Prostate cancer; duty to inform", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2018-11-09" ], "docLevelId" : "2404-A", "activeDate" : "2018-11-09", "sequenceNo" : 754, "repealedDate" : null, "fromSection" : "2404-A", "toSection" : "2404-A", "text" : " § 2404-a. Prostate cancer; duty to inform. 1. The commissioner shall\\ndevelop a standardized written summary, in plain non-technical language,\\nwhich shall explain the following:\\n (a) the symptoms and risk factors for prostate cancer;\\n (b) the available methods for the detection and diagnosis of prostate\\ncancer, including information on the relative accuracy of the available\\ndetection and diagnostic techniques;\\n (c) the availability of insurance coverage for diagnostic screening\\nfor prostate cancer without cost sharing pursuant to subparagraph (B) of\\nparagraph eleven-a of subsection (i) of section three thousand two\\nhundred sixteen, subparagraph (B) of paragraph eleven-a of subsection\\n(1) of section three thousand two hundred twenty-one and paragraph two\\nof subsection (z-1) of section four thousand three hundred three of the\\ninsurance law; and\\n (d) the alternative medically viable methods of treating prostate\\ncancer, including but not limited to hormonal, radiological,\\nchemotherapeutic or surgical treatments, or combinations thereof. The\\nsummary shall contain information on prostate post-treatment risks and\\nother pertinent information to aid a person in deciding a course of\\ntreatment. The summary shall be updated as is necessary.\\n 2. The summary shall be provided to any health care provider or\\npractitioner providing medical treatment to adult men without charge or\\nfee for distribution in accordance with subdivision three of this\\nsection.\\n 3. The standardized written summary provided for by subdivision one of\\nthis section may be provided by a health care provider to each person\\nunder his or her care who is or may be at risk for prostate cancer or\\nwho has been diagnosed to be afflicted with prostate cancer upon said\\ndiagnosis, or as soon thereafter as practicable.\\n 4. Nothing in this section shall be construed to create a cause of\\naction for lack of informed consent in any instance in which such cause\\nof action would be limited by section twenty-eight hundred five-d of\\nthis chapter.\\n 5. The commissioner shall have the written summary, required by this\\nsection, completed and prepared for distribution on or before January\\nfirst, nineteen hundred ninety-eight.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2404-B", "title" : "Breast cancer; duty of providers of mammography services to ascertain and provide clinical breast examination information", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2404-B", "activeDate" : "2014-09-22", "sequenceNo" : 755, "repealedDate" : null, "fromSection" : "2404-B", "toSection" : "2404-B", "text" : " § 2404-b. Breast cancer; duty of providers of mammography services to\\nascertain and provide clinical breast examination information. Every\\nprovider who provides mammography services shall ascertain when, or if,\\ntheir patients have had a clinical breast examination prior to providing\\nsuch service and shall include such information with any mammography\\nresults or reports to alert healthcare providers if a clinical breast\\nexamination has not recently been performed. Criminal penalties for\\nviolation pursuant to subdivisions one and two of section twelve-b of\\nthis chapter shall not apply to this section.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2404-C", "title" : "Breast cancer; duty of providers of mammography services to notify and inform", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2404-C", "activeDate" : "2014-09-22", "sequenceNo" : 756, "repealedDate" : null, "fromSection" : "2404-C", "toSection" : "2404-C", "text" : " § 2404-c. Breast cancer; duty of providers of mammography services to\\nnotify and inform. Every provider of mammography services shall, if a\\npatient's mammogram demonstrates dense breast tissue, provide\\nnotification to such patient that shall include, but not be limited to,\\nthe following information, in any summary of the mammography report\\nsent, pursuant to the federal mammography quality standards act, to the\\npatient:\\n Your mammogram shows that your breast tissue is dense. Dense breast\\ntissue is very common and is not abnormal. However, dense breast tissue\\ncan make it harder to find cancer on a mammogram and may also be\\nassociated with an increased risk of breast cancer.\\n This information about the result of your mammogram is given to you to\\nraise your awareness. Use this information to talk to your doctor about\\nyour own risks for breast cancer. At that time, ask your doctor if more\\nscreening tests might be useful, based on your risk. A report of your\\nresults was sent to your physician.\\n For the purposes of this section dense breast tissue shall mean\\nheterogeneously dense or extremely dense tissue as defined in nationally\\nrecognized guidelines or systems for breast imaging reporting of\\nmammography screening, including, but not limited to, the breast imaging\\nreporting and data system of the American College of Radiology, and any\\nequivalent new terms, as such guidelines or systems are updated.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2404-D", "title" : "Breast cancer; duty to provide extended hours", "docType" : "SECTION", "publishedDates" : [ "2016-07-01" ], "docLevelId" : "2404-D", "activeDate" : "2016-07-01", "sequenceNo" : 757, "repealedDate" : null, "fromSection" : "2404-D", "toSection" : "2404-D", "text" : " § 2404-d. Breast cancer; duty to provide extended hours. 1.\\nApplicability. This section shall apply to any general hospital or\\nextension clinic that is certified as a mammography facility pursuant to\\nthe federal mammography quality standards act (MQSA).\\n 2. Extended service hours. Any general hospital or extension clinic\\ncertified as a mammography facility pursuant to the MQSA shall provide\\nextended hours, i.e. in the early morning, evening, or weekend hours,\\nfor screening mammography services. Extended hours for screening\\nmammography services shall be provided on at least two days each week,\\nfor at least two hours each day offered, for a total of at least four\\nhours each week, including but not limited to the following times:\\n (a) Monday through Friday, between the hours of 7:00 AM and 9:00 AM;\\n (b) Monday through Friday, between the hours of 5:00 PM and 7:00 PM;\\nor\\n (c) Saturday or Sunday, between the hours of 9:00 AM and 5:00 PM.\\n 3. Waiver. (a) A facility may submit an application for a waiver from\\nthe requirements of this section, in whole or in part, if it can\\ndemonstrate, to the department's satisfaction, that the facility:\\n (i) does not have sufficient staff to provide extended hours for\\nscreening mammography services in accordance with this section, and that\\nit is making diligent efforts to obtain staffing such that it can\\nprovide extended hours;\\n (ii) is in the process of discontinuing screening mammography\\nservices, as part of a consolidation or similar change; or\\n (iii) is subject to such other hardships as the department deems\\nappropriate.\\n (b) The department may deny, grant or extend a waiver pursuant to\\nparagraph (a) of this subdivision for ninety days, or more if the\\ndepartment determines appropriate, in its sole discretion.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 11 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A24T1-A", "title" : "Cancer Detection and Education Program", "docType" : "TITLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1-A", "activeDate" : "2014-09-22", "sequenceNo" : 758, "repealedDate" : null, "fromSection" : "2405", "toSection" : "2409-A", "text" : " TITLE I-A\\n CANCER DETECTION AND EDUCATION PROGRAM\\nSection 2405. Cancer detection and education program; establishment.\\n 2406. Grants to approved organizations.\\n 2406-a. Grants to community-based organizations.\\n 2408. Annual report.\\n 2409. Ovarian cancer information program.\\n 2409-a. Advisory council.\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2405", "title" : "Cancer detection and education program; establishment", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2405", "activeDate" : "2014-09-22", "sequenceNo" : 759, "repealedDate" : null, "fromSection" : "2405", "toSection" : "2405", "text" : " § 2405. Cancer detection and education program; establishment. 1.\\nThere is hereby created within the department the cancer detection and\\neducation program, also known as the cancer services program. This\\nprogram is established to promote screening and detection of cancer\\namong unserved or underserved populations, to educate the public\\nregarding cancer and the benefits of early detection, and to provide\\ncounseling and referral services. For purposes of this section,\\n\"unserved or underserved populations\" shall mean persons having\\ninadequate access and financial resources to obtain cancer screening and\\ndetection services, including persons who lack health insurance or whose\\nhealth insurance coverage is inadequate or who cannot meet their\\ndeductible obligations for purposes of accessing coverage under their\\nhealth insurance.\\n 2. The program shall include:\\n (a) establishment of a statewide public education and outreach\\ncampaign to publicize evidence based cancer detection and education\\nservices, such campaign shall include: general community education,\\noutreach to specific underserved populations, evidence based clinical\\ncancer screening services, and an informational summary that shall\\ninclude an explanation of the importance of clinical examinations and\\nwhat to expect during clinical examinations and cancer screening\\nservices;\\n (b) provision of grants to approved organizations under section\\ntwenty-four hundred six of this title;\\n (c) compilation of data concerning the cancer detection and education\\nprogram and dissemination of the data to the public; and\\n (d) development of professional education programs including the\\nbenefits of early detection of cancer and clinical examinations, the\\nrecommended frequency of clinical examinations and cancer screening\\nservices, and professionally recognized best practices guidelines.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2406", "title" : "Grants to approved organizations", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2406", "activeDate" : "2014-09-22", "sequenceNo" : 760, "repealedDate" : null, "fromSection" : "2406", "toSection" : "2406", "text" : " § 2406. Grants to approved organizations. 1. The commissioner shall\\nmake grants within the amounts appropriated to approved organizations\\nfor the provision of services relating to the evidence based screening\\nand detection of cancer as part of this program. Such services shall\\ninclude but not be limited to:\\n (a) promotion and provision of early detection of cancer, including\\nclinical examinations and cancer screening services;\\n (b) provision of counseling and information on treatment options and\\nreferral for appropriate medical treatment;\\n (c) dissemination of information to unserved and underserved\\npopulations, to the general public and to health care professionals\\nconcerning cancer, the benefits of early detection and treatment, and\\nthe availability of cancer screening services;\\n (d) identification of local cancer screening services within the\\napproved organization's region;\\n (e) provision of information, counseling and referral services to\\nindividuals diagnosed with cancer; and\\n (f) provision of information regarding the availability of medical\\nassistance, including medical assistance under paragraph (v) of\\nsubdivision four of section three hundred sixty-six of the social\\nservices law, to an individual who requires treatment for cancer.\\n 2. The commissioner shall give notice and provide opportunity to\\nsubmit applications to provide cancer detection and education programs.\\nIn order to be considered for a grant to provide cancer detection and\\neducation programs, applicants must show evidence of the following:\\n (a) ability to provide and to ensure consistent and quality cancer\\ndetection services;\\n (b) expertise in cancer detection and treatment;\\n (c) capacity to coordinate services with physicians, hospitals and\\nother appropriate local institutions or agencies;\\n (d) ability to provide cancer detection and education services to\\nunserved or underserved populations; and\\n (e) ability to implement a cancer detection and education program in\\naccordance with the standards specified in subdivision three of this\\nsection.\\n Applications shall be made on forms provided by the commissioner.\\n 3. The commissioner shall develop standards for the implementation of\\ncancer detection and education programs by approved organizations which\\nshall ensure the following:\\n (a) integration of the approved organization with existing health care\\nproviders;\\n (b) maximizing third party reimbursement;\\n (c) provision of services to unserved or underserved populations.\\n 4. Within the amounts of state or federal funds appropriated for\\ncancer early detection and diagnosis, approved organizations may be\\nauthorized by the department to provide such services for populations\\nserved pursuant to this title. Early detection services shall include,\\nbut not be limited to, complete examinations, evidence based screening,\\npatient education, counseling, follow-up and referral.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2406-A", "title" : "Grants to community-based organizations", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2406-A", "activeDate" : "2014-09-22", "sequenceNo" : 761, "repealedDate" : null, "fromSection" : "2406-A", "toSection" : "2406-A", "text" : " § 2406-a. Grants to community-based organizations. 1. The commissioner\\nshall make grants within any such amount as may be appropriated\\nspecifically for community-based organizations for the provision of\\ncounseling, education and outreach programs for persons diagnosed with\\nbreast cancer.\\n 2. For the purposes of this section, \"community-based organizations\"\\nshall mean grass roots, free-standing organizations in which breast\\ncancer survivors hold significant decision-making responsibility, and\\nwhich offer a broad range of breast cancer education and support\\nservices free of charge.\\n 3. The commissioner shall provide notice and opportunity for\\ncommunity-based organizations to submit applications to provide\\npost-diagnosis breast cancer counseling, education and outreach\\nprograms. Such applications shall be on forms established by the\\ncommissioner.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2408", "title" : "Annual report", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2408", "activeDate" : "2014-09-22", "sequenceNo" : 762, "repealedDate" : null, "fromSection" : "2408", "toSection" : "2408", "text" : " § 2408. Annual report. The commissioner shall submit on or before\\nDecember first, an annual report to the governor and the legislature\\nconcerning the operation of the breast and cervical cancer detection and\\neducation program. Commencing in nineteen hundred ninety-five, such\\nreports shall include the experience of the program in providing\\ncervical cancer early detection and diagnostic services. The annual\\nreport shall include strategies for implementation of the cervical\\ncancer prevention plan and for promoting the plan to the general public,\\nstate and local elected officials, and various public and private\\norganizations, associations, businesses, industries, and agencies.\\nApproved organizations shall provide such data and assessment as the\\ncommissioner may require for such report. Such report shall also include\\nany recommendations for additional action to respond to the high\\nincidence of breast cancer in this state.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2409", "title" : "Ovarian cancer information program", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2409", "activeDate" : "2014-09-22", "sequenceNo" : 763, "repealedDate" : null, "fromSection" : "2409", "toSection" : "2409", "text" : " § 2409. Ovarian cancer information program. 1. There is hereby created\\nwithin the department the ovarian cancer information program (referred\\nto in this section as the \"program\"), which shall provide information\\nfor consumers, patients, and health care providers relating to ovarian\\ncancer, including signs and symptoms, risk factors, the benefits of\\nearly detection through appropriate diagnostic testing and treatment\\noptions.\\n 2. The program may include but not be limited to the following\\nelements:\\n (a) educational and informational materials in print, audio, video,\\nelectronic, or other media;\\n (b) public service announcements and advertisements; and\\n (c) establishment of toll-free telephone hotlines to provide\\ninformation.\\n 3. The department shall produce, make available to others for\\nreproduction, or contract with others to develop the materials mentioned\\nin this section as the commissioner deems appropriate. These materials\\nshall be made available to the public free of charge as appropriate or\\nfor a fee under certain circumstances. The commissioner shall require,\\nwhere appropriate, health care providers to provide or make these\\nmaterials available to patients.\\n 4. In exercising any of his or her powers under this section, the\\ncommissioner shall consult with appropriate health care professionals,\\nproviders, consumers and patients, or organizations representing them.\\n 5. In addition to any state funds appropriated for the program, the\\ncommissioner may accept grants from public or private sources for the\\nprogram. The commissioner, in administering this section, shall seek to\\ncoordinate the program with other public and private efforts, and may\\nundertake joint or cooperative programs with other public or private\\nentities.\\n 6. The commissioner may make rules and regulations necessary and\\nappropriate for the implementation of this section.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2409-A", "title" : "Advisory council", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2409-A", "activeDate" : "2014-09-22", "sequenceNo" : 764, "repealedDate" : null, "fromSection" : "2409-A", "toSection" : "2409-A", "text" : " § 2409-a. Advisory council. 1. There is hereby established in the\\ndepartment the cancer detection and education program advisory council,\\nfor the purpose of advising the commissioner with regards to providing\\ninformation to consumers, patients, and health care providers relating,\\nbut not limited to, breast, cervical, prostate, testicular and ovarian\\ncancer, including signs and symptoms, risk factors, the benefits of\\nprevention and early detection, guideline concordant cancer screening\\nand disease management, options for diagnostic testing and treatment,\\nnew technologies, and survivorship.\\n 2. The advisory council shall: (a) make recommendations to the\\ndepartment regarding the promotion and implementation of programs under\\nsections twenty-four hundred six and twenty-four hundred nine of this\\ntitle; and (b) prior to the department providing grants from the New\\nYork State prostate and testicular cancer research and education fund,\\ncreated pursuant to section ninety-five-e of the state finance law,\\nadvise the department on various components of the department's\\nsolicitation to distribute such funds, including but not limited to, the\\npotential uses of the funds, the entities that may be eligible to apply\\nfor the funds, the recommended contract deliverables for entities\\nreceiving the funds, the recommended geographic distribution of the\\nfunds, and the recommended award amounts.\\n 3. The commissioner shall appoint twenty-one voting members, which\\nshall include representation of health care professionals, consumers,\\npatients, one voting member who shall be a person who has or has had\\nprostate or testicular cancer, one voting member who shall be a person\\nwho has or has had breast, cervical or ovarian cancer and other\\nappropriate interests reflective of the diversity of the state, with\\nexpertise in breast, cervical, prostate, testicular and/or ovarian\\ncancer. The commissioner shall appoint one member as a chairperson. The\\nmembers of the council shall receive no compensation for their services,\\nbut shall be allowed their actual and necessary expenses incurred in\\nperformance of their duties.\\n 4. A majority of the appointed voting membership of the board shall\\nconstitute quorum.\\n 5. The advisory council shall meet at least twice a year, at the\\nrequest of the department.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 6 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A24T1-B", "title" : "Health Research Science Board", "docType" : "TITLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1-B", "activeDate" : "2014-09-22", "sequenceNo" : 765, "repealedDate" : null, "fromSection" : "2410", "toSection" : "2413", "text" : " TITLE 1-B\\n HEALTH RESEARCH SCIENCE BOARD\\nSection 2410. Health research science board.\\n 2411. Powers and duties of the board.\\n 2412. Agency implementation.\\n 2413. Biennial report.\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2410", "title" : "Health research science board", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2410", "activeDate" : "2014-09-22", "sequenceNo" : 766, "repealedDate" : null, "fromSection" : "2410", "toSection" : "2410", "text" : " § 2410. Health research science board. 1. There is hereby established\\nin the department the health research science board. The board shall be\\ncomprised of seventeen voting members, three non-voting regional members\\nand three non-voting ex-officio members as follows:\\n (a) twelve voting members shall be scientists each of whom shall have\\neither an M.D., D.O., Ph.D., or Dr.P.H. in one of the following fields:\\nbiochemistry, biology, biostatistics, chemistry, epidemiology, genetics,\\nimmunology, medicine, microbiology, molecular biology, nutrition,\\noncology, reproductive endocrinology, or toxicology and must currently\\nbe engaged in treating patients or conducting health research. Such\\nmembers shall be appointed in the following manner: two shall be\\nappointed by the temporary president of the senate and one by the\\nminority leader of the senate; two shall be appointed by the speaker of\\nthe assembly and one by the minority leader of the assembly; six shall\\nbe appointed by the governor;\\n (b) the governor shall appoint six regional members, three of whom\\nshall serve as full voting members and three of whom shall serve as\\nalternative members without voting rights. Such regional members shall\\nbe persons who have or have had breast cancer, and shall be actively\\ninvolved with a community-based, grass-roots breast cancer organization.\\nTwo of such appointments shall be made upon the recommendation of the\\ntemporary president of the senate and two shall be made upon the\\nrecommendation of the speaker of the assembly. One regional member shall\\nbe appointed from each of the following geographic areas of the state:\\nLong Island, New York City, the Hudson Valley, Northern New York,\\nCentral New York and Western New York. The order of appointments and\\nrecommendations for appointments and voting rights shall rotate as\\nfollows:\\n (i) The governor shall appoint regional members for three year terms\\nin the following order:\\n (A) Long Island, which member shall have voting rights,\\n (B) Central New York, which member shall not have voting rights,\\n (C) Hudson Valley, which member shall have voting rights,\\n (D) Northern New York, which member shall not have voting rights,\\n (E) Western New York, which member shall have voting rights, and\\n (F) New York City, which member shall not have voting rights;\\n (ii) The governor, upon the recommendation of the temporary president\\nof the senate, shall appoint regional members for three year terms in\\nthe following order:\\n (A) Hudson Valley, which member shall not have voting rights,\\n (B) Northern New York, which member shall have voting rights,\\n (C) Western New York, which member shall not have voting rights,\\n (D) New York City, which member shall have voting rights,\\n (E) Long Island, which member shall have voting rights, and\\n (F) Central New York, which member shall not have voting rights; and\\n (iii) The governor, upon the recommendation of the speaker of the\\nassembly, shall appoint regional members for three year terms in the\\nfollowing order:\\n (A) Western New York, which member shall have voting rights,\\n (B) New York City, which member shall not have voting rights,\\n (C) Long Island, which member shall not have voting rights,\\n (D) Central New York, which member shall have voting rights,\\n (E) Hudson Valley, which member shall not have voting rights, and\\n (F) Northern New York, which member shall have voting rights;\\n (c) the governor shall appoint three non-voting ex officio members to\\nthe board, one of whom shall be the commissioner, or his or her\\ndesignee, one of whom shall be the commissioner of environmental\\nconservation, or his or her designee, and one of whom shall be the\\ndirector of the Cornell University Institute for Comparative and\\nEnvironmental Toxicology, or his or her designee; and\\n (d) the governor shall appoint one voting member who shall be a person\\nwho has or has survived breast cancer and one voting member who shall be\\na person who has or has survived prostate or testicular cancer.\\n The governor shall designate the chair of the board. The governor,\\ntemporary president of the senate, minority leader of the senate,\\nspeaker of the assembly, and minority leader of the assembly may solicit\\nrecommendations from the Centers for Disease Control and Prevention, the\\nNational Institutes of Health, the Federal Agency For Health Care Policy\\nand Research, and the National Academy of Sciences for appointments or\\nrecommendations for appointments to the board.\\n 2. All members shall serve for terms of three years and may be\\nreappointed, such terms to commence July first and expire June\\nthirtieth; provided, however, that of the scientific members first\\nappointed, three such members, one appointed by the governor, one\\nappointed by the temporary president of the senate and one appointed by\\nthe speaker of the assembly, shall be appointed for terms of one year,\\nand three such members, one appointed by the governor, one appointed by\\nthe temporary president of the senate, and one appointed by the speaker\\nof the assembly shall be appointed for a term of two years.\\n The board shall convene on or before September first, nineteen hundred\\nninety-seven.\\n 3. Any member, after notice and an opportunity to be heard, may be\\nremoved by the governor for neglect of duty or malfeasance in office.\\nAny member who fails to attend three consecutive meetings of the board,\\nunless excused by formal vote of the board, shall be deemed to have\\nvacated his or her position.\\n 4. Any vacancy in the board shall be filled for the unexpired term in\\nthe same manner as the original appointment.\\n 5. A majority of the voting members of the board shall constitute a\\nquorum for the transaction of any business or the exercise of any power\\nor function of the board.\\n 6. Members of the board shall not receive compensation for their\\nservices as members, but shall be allowed their actual and necessary\\nexpenses incurred in the performance of their duties.\\n 7. For the purposes of this section the following counties shall\\nconstitute the following geographic areas:\\n (a) Long Island: the counties of Nassau and Suffolk.\\n (b) New York City: the counties of Kings, Queens, Richmond, New York\\nand Bronx.\\n (c) Hudson Valley: the counties of Westchester, Rockland, Putnam,\\nOrange, Dutchess, Ulster, Greene, Columbia, Sullivan and Delaware.\\n (d) Northern New York: the counties of Albany, Clinton, Essex,\\nFranklin, Fulton, Herkimer, Hamilton, Montgomery, Otsego, Rensselaer,\\nSaratoga, Schenectady, Schoharie, Warren and Washington.\\n (e) Central New York: the counties of Broome, Cayuga, Chemung,\\nChenango, Cortland, Jefferson, Lewis, Madison, Oneida, Onondaga, Oswego,\\nSeneca, Schuyler, St. Lawrence, Tioga, Tompkins and Wayne.\\n (f) Western New York: the counties of Allegany, Cattaraugus,\\nChautauqua, Erie, Genesee, Niagara, Orleans, Wyoming, Livingston,\\nMonroe, Ontario, Steuben and Yates.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2411", "title" : "Powers and duties of the board", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2411", "activeDate" : "2014-09-22", "sequenceNo" : 767, "repealedDate" : null, "fromSection" : "2411", "toSection" : "2411", "text" : " § 2411. Powers and duties of the board. 1. The board shall:\\n (a) Survey state agencies, boards, programs and other state\\ngovernmental entities to assess what, if any, relevant data has been or\\nis being collected which may be of use to researchers engaged in breast\\ncancer research;\\n (b) Consistent with the survey conducted pursuant to paragraph (a) of\\nthis subdivision, compile a list of data collected by state agencies\\nwhich may be of assistance to researchers engaged in breast cancer\\nresearch as established in section twenty-four hundred twelve of this\\ntitle;\\n (c) Consult with the Centers for Disease Control and Prevention, the\\nNational Institutes of Health, the Federal Agency For Health Care Policy\\nand Research, the National Academy of Sciences and other organizations\\nor entities which may be involved in cancer research to solicit both\\ninformation regarding breast cancer research projects that are currently\\nbeing conducted and recommendations for future research projects;\\n (d) Review requests made to the commissioner for access to information\\npursuant to paragraph b of subdivision one of section 33-1203 and\\nparagraph c of subdivision two of section 33-1205 of the environmental\\nconservation law for use in human health related research projects. Such\\ndata shall only be provided to researchers engaged in human health\\nrelated research. The request made by such researchers shall include a\\ncopy of the research proposal or the research protocol approved by their\\ninstitution and copies of their institution's Institutional Review Board\\n(IRB) or equivalent review board approval of such proposal or protocol.\\nIn the case of research conducted outside the auspices of an institution\\nby a researcher previously published in a peer-reviewed scientific\\njournal, the board shall request copies of the research proposal and\\nshall deny access to the site-specific and nine-digit zip code pesticide\\ndata if the board determines that such proposal does not follow accepted\\nscientific practice for the design of a research project. The board\\nshall establish guidelines to restrict the dissemination by researchers\\nof the name, address or other information that would otherwise identify\\na commercial applicator or private applicator or any person who receives\\nthe services of a commercial applicator;\\n (e) Solicit, receive, and review applications from public and private\\nagencies and organizations and qualified research institutions for\\ngrants from the breast cancer research and education fund, created\\npursuant to section ninety-seven-yy of the state finance law, to conduct\\nresearch or educational programs which focus on the causes, prevention,\\nscreening, treatment and cure of breast cancer and may include, but are\\nnot limited to mapping of breast cancer, and basic, behavioral,\\nclinical, demographic, environmental, epidemiologic and psychosocial\\nresearch. The board shall make recommendations to the commissioner, and\\nthe commissioner shall, in his or her discretion, grant approval of\\napplications for grants from those applications recommended by the\\nboard. The board shall consult with the Centers for Disease Control and\\nPrevention, the National Institutes of Health, the Federal Agency For\\nHealth Care Policy and Research, the National Academy of Sciences,\\nbreast cancer advocacy groups, and other organizations or entities which\\nmay be involved in breast cancer research to solicit both information\\nregarding breast cancer research projects that are currently being\\nconducted and recommendations for future research projects. As used in\\nthis section, \"qualified research institution\" may include academic\\nmedical institutions, state or local government agencies, public or\\nprivate organizations within this state, and any other institution\\napproved by the department, which is conducting a breast cancer research\\nproject or educational program. If a board member submits an application\\nfor a grant from the breast cancer research and education fund, he or\\nshe shall be prohibited from reviewing and making a recommendation on\\nthe application;\\n (f) Consider, based on evolving scientific evidence, whether a\\ncorrelation exists between pesticide use and pesticide exposure. As part\\nof such consideration the board shall make recommendations as to\\nmethodologies which may be utilized to establish such correlation;\\n (g) After two years of implementation of pesticide reporting pursuant\\nto section 33-1205 of the environmental conservation law, the board\\nshall compare the percentage of agricultural crop production general use\\npesticides being reported to the total amount of such pesticides being\\nused in this state as estimated by Cornell University, Cornell\\nCooperative Extension, the department of environmental conservation, and\\nthe Environmental Protection Agency;\\n (h) Meet at least six times in the first year, at the request of the\\nchair and at any other time as the chair deems necessary. The board\\nshall meet at least two times a year and as needed thereafter. Provided,\\nhowever, that at least one such meeting a year shall be a public\\nhearing, at which the general public may question and present\\ninformation and comments to the board with respect to the operation of\\nthe health research science board, the breast cancer research and\\neducation fund, and pesticide reporting established pursuant to sections\\n33-1205 and 33-1207 of the environmental conservation law. At such\\nhearing, the commissioner of the department of environmental\\nconservation or his or her designee shall make a report to the board\\nwith respect to the efficiency and utility of pesticide reporting\\nestablished pursuant to sections 33-1205 and 33-1207 of the\\nenvironmental conservation law. Should the existing bylaws be amended by\\nthe board, any such amendments shall be consistent with the revisions of\\nthis paragraph;\\n 2. The commissioner shall request that the department of environmental\\nconservation compile information pursuant to paragraph b of subdivision\\none of section 33-1203 of the environmental conservation law as\\nnecessary to fulfill board approved requests, pursuant to paragraph (d)\\nof subdivision one of this section.\\n 3. The commissioner shall provide the board with such staff assistance\\nand support services as are necessary for the board to perform the\\nfunctions required of it under this section.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2412", "title" : "Agency implementation", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2412", "activeDate" : "2014-09-22", "sequenceNo" : 768, "repealedDate" : null, "fromSection" : "2412", "toSection" : "2412", "text" : " § 2412. Agency implementation. All state agencies, including, but not\\nlimited to, the departments of agriculture and markets, environmental\\nconservation, and health, shall review their programs and operations\\n(pursuant to guidelines established by the board) to determine whether\\nthey currently collect data which may be of use to researchers engaged\\nin breast, prostate or testicular cancer research. Any agency collecting\\nsuch data shall forward a description of the data to the health research\\nscience board.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2413", "title" : "Biennial report", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2413", "activeDate" : "2014-09-22", "sequenceNo" : 769, "repealedDate" : null, "fromSection" : "2413", "toSection" : "2413", "text" : " § 2413. Biennial report. The commissioner shall submit a report on or\\nbefore January first commencing in nineteen hundred ninety-nine, and\\nbiennially thereafter, to the governor, the temporary president of the\\nsenate and the speaker of the assembly concerning the operation of the\\nhealth research science board. Such report shall include recommendations\\nfrom the health research science board including, but not limited to,\\nthe types of data that would be useful for breast cancer researchers and\\nwhether private citizen use of residential pesticides should be added to\\nthe reporting requirements. The report shall also include a summary of\\nresearch requests granted or denied. In addition, such report shall\\ninclude an evaluation by the commissioner, the commissioner of the\\ndepartment of environmental conservation and the health research science\\nboard of the basis, efficiency and scientific utility of the information\\nderived from pesticide reporting pursuant to sections 33-1205 and\\n33-1207 of the environmental conservation law and recommend whether such\\nsystem should be modified or continued. The report shall include a\\nsummary of the comments and recommendations presented by the public at\\nthe board's public hearings.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 4 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A24T2", "title" : "State Institute For the Study of Malignant Diseases", "docType" : "TITLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2", "activeDate" : "2014-09-22", "sequenceNo" : 770, "repealedDate" : null, "fromSection" : "2420", "toSection" : "2423", "text" : " TITLE II\\n STATE INSTITUTE FOR THE STUDY OF MALIGNANT DISEASES\\nSection 2420. Cancer institute; continued.\\n 2421. Cancer institute; functions; powers and duties.\\n 2422. Cancer institute; commissioner's duty to publish reports.\\n 2423. Cancer institute; administration of gifts and trusts.\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2420", "title" : "Cancer institute; continued", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2420", "activeDate" : "2014-09-22", "sequenceNo" : 771, "repealedDate" : null, "fromSection" : "2420", "toSection" : "2420", "text" : " § 2420. Cancer institute; continued. The state institute for the study\\nof malignant diseases, known as the Roswell Park Cancer Institute, is\\nhereby continued under the management and control of the department.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2421", "title" : "Cancer institute; functions; powers and duties", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2421", "activeDate" : "2014-09-22", "sequenceNo" : 772, "repealedDate" : null, "fromSection" : "2421", "toSection" : "2421", "text" : " § 2421. Cancer institute; functions; powers and duties. 1. The state\\ninstitute for the study of malignant diseases, shall conduct\\ninvestigations of the cause, mortality, treatment, prevention and cure\\nof cancer and allied diseases.\\n 2. Persons afflicted with cancer or allied diseases, may be received\\nfree of charge in the said state institute for study, experimental or\\nother treatment, under regulations established by the commissioner.\\n 3. The direction of related research work in whole or in part toward\\nmalignant diseases in connection with conditions other than cancer shall\\nnot be a violation of the conditions of the grants made pursuant to the\\nprovisions of chapter one hundred twenty-eight of the laws of nineteen\\nhundred eleven.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2422", "title" : "Cancer institute; commissioner's duty to publish reports", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2422", "activeDate" : "2014-09-22", "sequenceNo" : 773, "repealedDate" : null, "fromSection" : "2422", "toSection" : "2422", "text" : " § 2422. Cancer institute; commissioner's duty to publish reports. The\\ncommissioner shall publish from time to time the result of the\\ninvestigations by the state institute for the study of malignant\\ndiseases for the benefit of humanity, and from time to time, he shall\\ncollate its publications in a scientific report for distribution to\\nscientific organizations and to medical scientists and qualified members\\nof the medical profession.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2423", "title" : "Cancer institute; administration of gifts and trusts", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2423", "activeDate" : "2014-09-22", "sequenceNo" : 774, "repealedDate" : null, "fromSection" : "2423", "toSection" : "2423", "text" : " § 2423. Cancer institute; administration of gifts and trusts. The\\ncommissioner, as the successor of the board of trustees of the state\\ninstitute for the study of malignant diseases, shall execute and\\nadminister any gifts, transfer or trust heretofore made to or for the\\nbenefit of such institute and may receive gifts, legacies and bequests,\\nand use the same for the advancement of the subjects and purposes of the\\ninstitute.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 4 }, "repealed" : false } ], "size" : 4 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A24-A", "title" : "Protection of Human Subjects", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "24-A", "activeDate" : "2014-09-22", "sequenceNo" : 775, "repealedDate" : null, "fromSection" : "2440", "toSection" : "2446", "text" : " ARTICLE 24-A\\n PROTECTION OF HUMAN SUBJECTS\\nSection 2440. Policy and purpose.\\n 2441. Definitions.\\n 2442. Informed consent.\\n 2443. Conduct of human research.\\n 2444. Human research review committees.\\n 2445. Applicability.\\n 2446. Rules and regulations.\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2440", "title" : "Policy and purpose", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2440", "activeDate" : "2014-09-22", "sequenceNo" : 776, "repealedDate" : null, "fromSection" : "2440", "toSection" : "2440", "text" : " § 2440. Policy and purpose. The use of human subjects in medical\\nresearch projects has brought about many beneficial scientific advances\\nresulting in the increased health and well-being of the human race.\\nSafeguarding the rights and welfare of individual human subjects in the\\nconduct of these human research projects is a matter of vital state\\nconcern. Every human being has the right to be protected against the\\npossible conduct of medical or psychological research upon his body\\nwithout his voluntary informed consent. Human research may effect\\ndangerous and unanticipated results causing irreversible damage to the\\nhuman subject. Accordingly, it shall be the policy of this state to\\nprotect its people against the unnecessary and improper risk of pain,\\nsuffering or injury resulting from human research conducted without\\ntheir knowledge or consent.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2441", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2441", "activeDate" : "2014-09-22", "sequenceNo" : 777, "repealedDate" : null, "fromSection" : "2441", "toSection" : "2441", "text" : " § 2441. Definitions. For the purposes of this article: 1. \"Human\\nsubject\" shall mean any individual who may be exposed to the possibility\\nof injury, including physical, psychological or social injury, as a\\nconsequence of participation as a subject in any research, development,\\nor related activity which departs from the application of those\\nestablished and accepted methods necessary to meet his needs or which\\nincreases the ordinary risk of daily life including the reecognized\\nrisks inherent in a chosen occupation or field of service.\\n 2. \"Human research\" means any medical experiments, research, or\\nscientific or psychological investigation, which utilizes human subjects\\nand which involves physical or psychological intervention by the\\nresearcher upon the body of the subject and which is not required for\\nthe purposes of obtaining information for the diagnosis, prevention, or\\ntreatment of disease or the assessment of medical condition for the\\ndirect benefit of the subject. Human research shall not, however, be\\nconstrued to mean the conduct of biological studies exclusively\\nutilizing tissue or fluids after their removal or withdrawal from a\\nhuman subject in the course of standard medical practice, or to include\\nepidemiological investigations.\\n 3. \"Fluid\" means a normal body excretion or any fluid formed by normal\\nor pathological body processes obtained during diagnostic or therapeutic\\nprocedures conducted for the benefit of the human subject.\\n 4. \"Tissue\" means part or all of any organ of a human subject removed\\nduring a diagnostic or therapeutic procedure conducted for the benefit\\nof the human subject.\\n 5. \"Voluntary informed consent\" means the legally effective knowing\\nconsent of an individual or his legally authorized representative, so\\nsituated as to be able to exercise free power of choice without undue\\ninducement or any element of force, fraud, deceit, duress or other form\\nof constraint or coercion. With regard to the conduct of human research,\\nthe basic elements of information necessary to such consent include:\\n (a) a fair explanation to the individual of the procedures to be\\nfollowed, and their purposes, including identification of any procedures\\nwhich are experimental;\\n (b) a description of any attendant discomforts and risks reasonably to\\nbe expected;\\n (c) a description of any benefits reasonably to be expected;\\n (d) a disclosure of any appropriate alternative procedures that might\\nbe advantageous for the individual;\\n (e) an offer to answer any inquiries by the individual concerning the\\nprocedures; and\\n (f) an instruction that the individual is free to withdraw his consent\\nand to discontinue participation in the human research at any time\\nwithout prejudice to him.\\n 6. \"Researcher\" means any person licensed under title VIII of the\\neducation law to perform diagnosis, treatment, medical services,\\nprescription or therapeutic exercises with regard to or upon human\\nbeings, or any other person deemed appropriately competent and qualified\\nby a human research review committee as provided by section twenty-four\\nhundred forty-four of this chapter.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2442", "title" : "Informed consent", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2442", "activeDate" : "2014-09-22", "sequenceNo" : 778, "repealedDate" : null, "fromSection" : "2442", "toSection" : "2442", "text" : " § 2442. Informed consent. No human research may be conducted in this\\nstate in the absence of the voluntary informed consent subscribed to in\\nwriting by the human subject. If the human subject be a minor, such\\nconsent shall be subscribed to in writing by the minor's parent or legal\\nguardian. If the human subject be otherwise legally unable to render\\nconsent, such consent shall be subscribed to in writing by such other\\nperson as may be legally empowered to act on behalf of the human\\nsubject. No such voluntary informed consent shall include any language\\nthrough which the human subject waives, or appears to waive, any of his\\nlegal rights, including any release of any individual, institution or\\nagency, or any agents thereof, from liability for negligence.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2443", "title" : "Conduct of human research", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2443", "activeDate" : "2014-09-22", "sequenceNo" : 779, "repealedDate" : null, "fromSection" : "2443", "toSection" : "2443", "text" : " § 2443. Conduct of human research. No one except a researcher shall\\nconduct human research in this state.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2444", "title" : "Human research review committees", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2444", "activeDate" : "2014-09-22", "sequenceNo" : 780, "repealedDate" : null, "fromSection" : "2444", "toSection" : "2444", "text" : " § 2444. Human research review committees. 1. Each public or private\\ninstitution or agency which conducts, or which proposes to conduct or\\nauthorize, human research, shall establish a human research review\\ncommittee. Such committee shall be composed of not less than five\\npersons, approved by the commissioner, who have such varied backgrounds\\nas to assure the competent, complete and professional review of human\\nresearch activities conducted or proposed to be conducted or authorized\\nby the institution or agency. No member of a committee shall be involved\\nin either the initial or continuing review of an activity in which he\\nhas a conflicting interest, except to provide information required by\\nthe committee. No committee shall consist entirely of persons who are\\nofficers, employees, or agents of, or who are otherwise associated with\\nthe institution or agency, apart from their membership on the committee,\\nand no committee shall consist entirely of members of a single\\nprofessional group.\\n 2. The human research review committee in each institution or agency\\nshall require that institution or agency to promulgate a statement of\\nprinciple and policy in regard to the rights and welfare of human\\nsubjects in the conduct of human research, and the committee and the\\ncommissioner shall approve that statement prior to its taking effect.\\nThe committee shall review each proposed human research project to\\ndetermine (1) its necessity; (2) that the rights and welfare of the\\nhuman subjects involved are adequately protected, (3) that the risks to\\nthe human subjects are outweighed by the potential benefits to them or\\nby the importance of the knowledge to be gained; (4) that the voluntary\\ninformed consent is to be obtained by methods that are adequate and\\nappropriate, and (5) that the persons proposed to conduct the particular\\nmedical research are appropriately competent and qualified. The\\ncommittee shall periodically examine each existing human research\\nproject with regard to the proper application of the approved principles\\nand policies which the institution or agency has promulgated. The\\ncommittee shall report any violation to the commissioner. In addition to\\nthe voluntary informed consent of the proposed human subject as required\\nby section twenty-four hundred forty-two of this chapter, the consent of\\nthe committee and the commissioner shall be required with relation to\\nthe conduct of human research involving minors, incompetent persons,\\nmentally disabled persons and prisoners.\\n 3. Each person engaged in the conduct of human research or proposing\\nto conduct human research shall affiliate himself with an institution or\\nagency having a human research review committee, and such human research\\nas he conducts or proposes to conduct shall be subject to review by such\\ncommittee in the manner set forth in this section.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2445", "title" : "Applicability", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2019-09-20" ], "docLevelId" : "2445", "activeDate" : "2019-09-20", "sequenceNo" : 781, "repealedDate" : null, "fromSection" : "2445", "toSection" : "2445", "text" : " § 2445. Applicability. 1. The provisions of this article shall not\\napply to the conduct of human research which is subject to, and which is\\nin compliance with, policies and regulations promulgated by any agency\\nof the federal government for the protection of human subjects.\\n 2. Upon attestation, satisfactory to the commissioner, by an\\ninstitution or agency that such institution or agency (a) conducts human\\nresearch that is subject to and is in compliance with policies and\\nregulations promulgated by any agency of the federal government for the\\nprotection of human subjects, and (b) conducts or proposes to conduct or\\nauthorize human research, which is not subject to but does or shall\\ncomply with federal policies and regulations, the commissioner may deem,\\nsubject to conditions, such institution or agency's human research in\\ncompliance with this article. Such attestation shall be submitted\\nannually on or before January first to the department on a form\\nprescribed by the commissioner.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2446", "title" : "Rules and regulations", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2446", "activeDate" : "2014-09-22", "sequenceNo" : 782, "repealedDate" : null, "fromSection" : "2446", "toSection" : "2446", "text" : " § 2446. Rules and regulations. The commissioner shall have the power\\nto promulgate such rules and regulations as shall be necessary and\\nproper to effectuate the purposes of this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 7 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A24-B", "title" : "Information Program On Dioxin", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "24-B", "activeDate" : "2014-09-22", "sequenceNo" : 783, "repealedDate" : null, "fromSection" : "2475", "toSection" : "2475", "text" : " ARTICLE 24-B\\n INFORMATION PROGRAM ON DIOXIN\\nSection 2475. Special policies with respect to dioxin exposure.\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2475", "title" : "Special policies with respect to dioxin exposure", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2017-08-04" ], "docLevelId" : "2475", "activeDate" : "2017-08-04", "sequenceNo" : 784, "repealedDate" : null, "fromSection" : "2475", "toSection" : "2475", "text" : " § 2475. Special policies with respect to dioxin exposure. 1. For the\\npurpose of identifying persons who were exposed to an herbicide\\ncontaining dioxin and for the purpose of compiling data on the health\\neffects of this exposure, the commissioner of health shall:\\n (a) establish, promote and maintain a public information program on\\ndioxin. Such program shall include, but may not be limited to, an effort\\nto contact Vietnam era veterans and employees of the public and private\\nsectors within the state who were exposed to an herbicide containing\\ndioxin;\\n (b) initiate an epidemiological study of the health effects of\\nexposure to herbicides containing dioxin;\\n (c) maintain a central data bank within the department for information\\ncollected on the health effects of exposure to dioxin and for the\\ncataloguing of existing scientific and medical literature on the health\\neffects of this exposure; and\\n (d) initiate education for health professionals to assist them in\\nunderstanding the potential risks and state-of-the-art knowledge with\\nregard to detection, diagnosis and treatment of acute and chronic\\nsymptoms associated with dioxin exposure.\\n 2. The commissioner may request and shall receive from any department,\\ndivision, board, bureau, commission or agency of the state or of any\\npolitical subdivision thereof such assistance and data as will enable\\nhim to properly carry out his activities hereunder and effectuate the\\npurposes herein set forth. The commissioner may also enter into any\\ncontract for services as he deems necessary with a private agency or\\nconcern upon said terms and conditions as he deems appropriate.\\nInformation concerning patient and medical data provided to the\\ncommissioner pursuant to this subdivision shall be kept confidential\\naccording to the provisions of paragraph (j) of subdivision one of\\nsection two hundred six of this chapter.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 1 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A24-C", "title" : "Information Program On Low-level Radioactive Waste", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "24-C", "activeDate" : "2014-09-22", "sequenceNo" : 785, "repealedDate" : null, "fromSection" : "2485", "toSection" : "2485", "text" : " ARTICLE 24-C\\n INFORMATION PROGRAM ON LOW-LEVEL RADIOACTIVE WASTE\\nSection 2485. Program to inform and educate the public on low-level\\n radioactive waste.\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2485", "title" : "Program to inform and educate the public on low-level radioactive waste", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2485", "activeDate" : "2014-09-22", "sequenceNo" : 786, "repealedDate" : null, "fromSection" : "2485", "toSection" : "2485", "text" : " § 2485. Program to inform and educate the public on low-level\\nradioactive waste. In consultation and cooperation with the advisory\\ncommittee established pursuant to section 29-0501 of the environmental\\nconservation law, and with the department of environmental conservation,\\nthe commissioner of health shall plan and carry out a statewide public\\ninformation program on the public health and safety implications of\\nlow-level radioactive waste management. The content of such program\\nshall include a basic explanation of the types of materials which\\ncomprise low-level radioactive waste and why such materials require\\nspecial handling and care; and reasonably detailed explanations of\\nalternative disposal methods and their probable effects.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 1 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A24-D", "title" : "New York State Occupational Health Clinics Oversight Committee", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "24-D", "activeDate" : "2014-09-22", "sequenceNo" : 787, "repealedDate" : null, "fromSection" : "2490", "toSection" : "2490-A", "text" : " ARTICLE 24-D\\n NEW YORK STATE OCCUPATIONAL HEALTH CLINICS OVERSIGHT COMMITTEE\\nSection 2490. Oversight committee.\\n 2490-a. Occupational health clinic advisory committees.\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2490", "title" : "Oversight committee", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2490", "activeDate" : "2014-09-22", "sequenceNo" : 788, "repealedDate" : null, "fromSection" : "2490", "toSection" : "2490", "text" : " § 2490. Oversight committee. 1. There is hereby established the\\noccupational health clinics oversight committee to be comprised of the\\nfollowing persons or their designees: the commissioner of health; the\\ncommissioner of labor; the chairperson of the workers' compensation\\nboard; six persons appointed by the governor, one of whom shall be on\\nnomination of the New York state American federation of labor-congress\\nof industrial organizations, and one of whom shall be on the nomination\\nof the business council of the state of New York; two persons appointed\\nby the temporary president of the senate; two persons appointed by the\\nspeaker of the assembly; one person appointed by the minority leader of\\nthe senate and one person appointed by the minority leader of the\\nassembly. The governor shall designate a chairperson from among the\\nmembers of the committee. The initial appointments shall be made on or\\nbefore September first, two thousand eight.\\n 2. The committee shall meet at least four times a year. Special\\nmeetings may be called by the chairperson.\\n 3. Members of the oversight committee shall receive no compensation\\nfor their services, but shall be allowed their actual and necessary\\nexpenses incurred in the performance of their duties hereunder.\\n 4. Vacancies shall be filled in the same manner as the original\\nappointments.\\n 5. The committee shall make recommendations to the governor and the\\nlegislature on or before September thirtieth, two thousand nine,\\nregarding:\\n (a) statewide needs to be met by the network;\\n (b) coordination of clinic activities with not-for-profit, private\\nsector concerns and state agencies, including but not limited to an\\nevaluation of current jurisdictional and oversight responsibilities;\\n (c) coordination and sharing of clinic resources and services;\\n (d) dissemination of research results and educational information;\\n (e) identification of funding sources for the network;\\n (f) the activities of the clinics and their effectiveness in meeting\\nthe objectives as set forth in statute and in clinic specific contracts\\nwith the state;\\n (g) local, regional, occupation or business sector specific needs that\\nmay be met by one or more clinic;\\n (h) other issues as determined by the oversight committee; and\\n (i) incorporation of provisions to implement its recommendations in\\nrequests for applications of state funding for occupational health\\nclinics.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2490-A", "title" : "Occupational health clinic advisory committees", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2490-A", "activeDate" : "2014-09-22", "sequenceNo" : 789, "repealedDate" : null, "fromSection" : "2490-A", "toSection" : "2490-A", "text" : " § 2490-a. Occupational health clinic advisory committees. The chief\\nexecutive officer of every clinic in the occupational health clinic\\nnetwork shall convene an advisory committee consisting of two local\\nrepresentatives each of business, labor unions, public health agencies\\nand community groups which shall be selected in consultation with the\\noccupational health clinics oversight committee. The oversight committee\\nwill assist in the development of policies, the creation and\\nimplementation of a targeted outreach plan for working with business,\\nunions and workers, an assessment of clinic-specific funding needs and\\npotential funding sources, and overall guidance for the clinics on an\\nongoing basis.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 2 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A24-E", "title" : "Information About Hysterectomy", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "24-E", "activeDate" : "2014-09-22", "sequenceNo" : 790, "repealedDate" : null, "fromSection" : "2495", "toSection" : "2499-A", "text" : " ARTICLE 24-E\\n INFORMATION ABOUT HYSTERECTOMY\\nSection 2495. Legislative findings and intent.\\n 2496. Written summary regarding hysterectomy.\\n 2497. Availability of written summary.\\n 2498. Provision of summary by physician.\\n 2499. Informed consent.\\n 2499-a. Exception.\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2495", "title" : "Legislative findings and intent", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2495", "activeDate" : "2014-09-22", "sequenceNo" : 791, "repealedDate" : null, "fromSection" : "2495", "toSection" : "2495", "text" : " § 2495. Legislative findings and intent. Hysterectomy is one of the\\nmost common major surgical procedures performed on women and is a\\ncommonly recommended treatment for some gynecological disorders, such as\\nuterine leiomyofibroma, endometriosis, disorders of menstruation, and\\nuterine neoplasms. Some disorders, depending on the patient's diagnosis\\nand situation, may be managed with alternative treatments. In an effort\\nto promote patients' involvement in health care decisions and to promote\\ninformed consultation with their physician or other health care\\npractitioner, the department of health shall make available information\\nwhich describes the medical diagnoses that are commonly treated with a\\nhysterectomy, the various hysterectomy procedures, and treatment\\nalternatives to the diagnoses commonly treated with hysterectomy.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2496", "title" : "Written summary regarding hysterectomy", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2496", "activeDate" : "2014-09-22", "sequenceNo" : 792, "repealedDate" : null, "fromSection" : "2496", "toSection" : "2496", "text" : " § 2496. Written summary regarding hysterectomy. The commissioner, in\\nconsultation with the medical society of the state of New York,\\nconsumers and others knowledgeable on the topic of hysterectomy shall\\ndevelop a standardized written summary which shall explain:\\n 1. the common diagnoses for which hysterectomy is a common treatment\\nincluding but not limited to uterine leiomyofibroma, endometriosis,\\ndisorders of menstruation, premalignant or malignant changes in uterus\\nor cervix and salpingo-oophoritis;\\n 2. alternative treatments to hysterectomy for such diagnoses, in\\naccordance with accepted medical practices;\\n 3. the types of hysterectomy including radical, subtotal abdominal,\\ntotal abdominal and vaginal;\\n 4. the common physiological changes, side effects, risks and benefits\\nwhich result after each type of hysterectomy or alternative is\\nperformed;\\n 5. that the hysterectomy is irreversible, results in infertility and\\nthe end of menstruation; and\\n 6. an oophorectomy, a treatment often associated with hysterectomy,\\nincluding unilateral, bilateral and salpingo-oophorectomy.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2497", "title" : "Availability of written summary", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2497", "activeDate" : "2014-09-22", "sequenceNo" : 793, "repealedDate" : null, "fromSection" : "2497", "toSection" : "2497", "text" : " § 2497. Availability of written summary. The commissioner shall make\\nthe summary provided for in section twenty-four hundred ninety-six of\\nthis article available free of charge to all clinics, health maintenance\\norganizations, hospitals, and physician offices.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2498", "title" : "Provision of summary by physician", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2498", "activeDate" : "2014-09-22", "sequenceNo" : 794, "repealedDate" : null, "fromSection" : "2498", "toSection" : "2498", "text" : " § 2498. Provision of summary by physician. The summary shall be\\nprovided by a physician to each person under such physician's care, when\\na hysterectomy is under consideration for that person.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2499", "title" : "Informed consent", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2499", "activeDate" : "2014-09-22", "sequenceNo" : 795, "repealedDate" : null, "fromSection" : "2499", "toSection" : "2499", "text" : " § 2499. Informed consent. Nothing in this section shall be construed\\nto create a cause of action for lack of informed consent in any instance\\nin which such cause of action would be limited by section twenty-eight\\nhundred five-d of this chapter.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2499-A", "title" : "Exception", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2499-A", "activeDate" : "2014-09-22", "sequenceNo" : 796, "repealedDate" : null, "fromSection" : "2499-A", "toSection" : "2499-A", "text" : " § 2499-a. Exception. The dispensing of the standard written summary\\nshall not pertain when the hysterectomy is performed in a situation of\\nimminent danger in which the physician determines prior dispensing is\\nnot possible or feasible.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 6 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A25", "title" : "Maternal and Child Health", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22", "2015-12-25", "2017-08-04", "2017-10-27", "2018-04-20", "2018-05-04", "2019-09-06", "2020-04-24", "2020-12-28", "2021-04-23", "2023-11-10", "2024-05-03", "2024-08-09", "2024-12-27" ], "docLevelId" : "25", "activeDate" : "2019-09-06", "sequenceNo" : 797, "repealedDate" : null, "fromSection" : "2500", "toSection" : "2599-D", "text" : " ARTICLE 25\\n MATERNAL AND CHILD HEALTH\\nTitle I. General provisions (§§ 2500-2508).\\n I-A. Child health insurance plan (§§ 2510-2511).\\n 1-B. Adolescent pregnancy prevention and services program (§§\\n 2515-2515-c).\\n II. Prenatal care (§§ 2522-2532).\\n II-A. Early intervention program for infants and toddlers with\\n disabilities and their families (§§ 2540--2559-b).\\n IV. Institutions for children (§§ 2570-2575).\\n V. Children with physical disabilities (§§ 2580-2584).\\n VI*. Federal child care and adult food program (§§ 2585-2589).\\n VI. Emergency nutrition aid program for pregnant women and\\n adolescents (§§ 2590-2592)\\n VII. Youth sports (§ 2595).\\n VIII. Childhood obesity prevention program (§§ 2599-a--2599-d).\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A25T1", "title" : "General Provisions", "docType" : "TITLE", "publishedDates" : [ "2014-09-22", "2015-12-25", "2016-03-18", "2017-01-06", "2017-03-17", "2017-10-27", "2018-04-27", "2019-08-09", "2019-09-20", "2020-04-24", "2020-12-04", "2020-12-28", "2021-01-01", "2021-02-19", "2021-04-23", "2021-07-30", "2021-12-24", "2022-07-08", "2023-05-12", "2023-06-23", "2024-12-13", "2024-12-27", "2025-02-21" ], "docLevelId" : "1", "activeDate" : "2019-09-20", "sequenceNo" : 798, "repealedDate" : null, "fromSection" : "2500", "toSection" : "2509", "text" : " TITLE I\\n GENERAL PROVISIONS\\nSection 2500. Maternal and child health; duties of commissioner.\\n 2500-a. Test for phenylketonuria and other diseases and\\n conditions.\\n 2500-b. Sudden infant death syndrome.\\n 2500-c. Special programs with respect to diethylstilbestrol.\\n 2500-d. New York state poison control network.\\n 2500-e. Pregnant women, blood test for hepatitis B; follow-up\\n care.\\n 2500-f. Human immunodeficiency virus; testing of newborns.\\n 2500-f-1. Special program for HIV services for women and\\n children, including adolescents.\\n 2500-g. Newborn infant hearing screening.\\n 2500-h. Statewide perinatal data system.\\n 2500-h*2. Anaphylactic policy for school districts and child\\n care providers.\\n 2500-i. Child food choking prevention.\\n 2500-j. Autism spectrum disorders; screening of children.\\n 2500-k. Maternal depression.\\n 2501. Health and welfare services to all children; duty of\\n local boards.\\n 2502. Report of certain conditions.\\n 2503. Drug information to be furnished expectant mothers.\\n 2504. Enabling certain persons to consent for certain\\n medical, dental, health and hospital services.\\n 2504-a. Hepatitis B immunization of a minor.\\n 2505. Human breast milk; collection, storage and\\n distribution; general powers of the commissioner.\\n 2505-a. Rights of breastfeeding mothers.\\n 2506. Obstetric and pediatric practitioner incentive\\n demonstration program.\\n 2507. Special supplemental nutrition program for women,\\n infants and children; specialty formula.\\n 2508. Newborn health and safe sleep study.\\n 2509. Maternal mortality review board.\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2500", "title" : "Maternal and child health; duties of commissioner", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-11-27", "2025-02-21", "2025-06-27" ], "docLevelId" : "2500", "activeDate" : "2015-11-27", "sequenceNo" : 799, "repealedDate" : null, "fromSection" : "2500", "toSection" : "2500", "text" : " § 2500. Maternal and child health; duties of commissioner. 1. The\\ncommissioner shall act in an advisory and supervisory capacity, in\\nmatters pertaining to the safeguarding of motherhood, the prevention of\\nmaternal, perinatal, infant and child mortality, the prevention of\\ndiseases, low birth weight, childhood obesity, and defects of childhood\\nand the promotion of maternal, prenatal and child health, including care\\nin hospitals, and shall administer such services bearing on the health\\nof mothers and children for which funds are or shall hereafter be made\\navailable.\\n 2. The commissioner shall establish minimum standards in accordance\\nwith established and accepted medical principles for local maternal and\\nchild health services administered by or under the general supervision\\nof the commissioner.\\n 3. In conjunction with the state department having general\\nsupervision, the commissioner may make or may cause to be made\\ninvestigation of the conditions affecting the health of children in\\ninstitutions for day care or domiciliary care. If he shall find any\\nconditions detrimental to health in such institutions, he shall make and\\nreport recommendations thereon to the appropriate state department.\\n 4. The commissioner shall cooperate with other state departments\\nhaving jurisdiction over matters affecting the health of mothers and\\nchildren, to the end that existing activities may be coordinated and\\nduplication of effort avoided. He shall cooperate with and stimulate\\nlocal agencies, public and private, in promoting such measures and\\nundertakings as may be designed to accomplish the purposes of this\\nsection.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2500-A", "title" : "Test for phenylketonuria and other diseases and conditions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2018-10-05", "2019-02-01", "2021-12-31", "2022-03-04", "2022-06-24", "2023-10-27" ], "docLevelId" : "2500-A", "activeDate" : "2019-02-01", "sequenceNo" : 800, "repealedDate" : null, "fromSection" : "2500-A", "toSection" : "2500-A", "text" : " § 2500-a. Test for phenylketonuria and other diseases and conditions.\\n(a) 1. It shall be the duty of the administrative officer or other\\nperson in charge of each institution caring for infants twenty-eight\\ndays or less of age and the person required in pursuance of the\\nprovisions of section forty-one hundred thirty of this chapter to\\nregister the birth of a child, to cause to have administered to every\\nsuch infant or child in its or his care a test for:\\n i. phenylketonuria,\\n ii. homozygous sickle cell disease,\\n iii. hypothyroidism,\\n iv. branched-chain ketonuria,\\n v. galactosemia,\\n vi. homocystinuria,\\n vii. critical congenital heart defects through pulse oximetry\\nscreening,\\n viii. with regard to any newborn infant who is identified as, or\\nsuspected of, having a hearing impairment as a result of a screening\\nconducted pursuant to section twenty-five hundred-g of this title, cause\\nto be administered to such infant a urine polymerase chain reaction\\n(PCR) test for cytomegalovirus, unless the parent of the infant objects\\nthereto; provided that if the commissioner determines that another test\\nfor cytomegalovirus is diagnostically equivalent to or better than the\\nurine polymerase chain reaction test, the commissioner may, by\\nregulation under this section, allow or require the use of that other\\ntest, and\\n ix. such other diseases and conditions as may from time to time be\\ndesignated by the commissioner in accordance with rules or regulations\\nprescribed by the commissioner.\\n 2. Testing, the recording of the results of such tests, tracking,\\nfollow-up reviews and educational activities shall be performed at such\\ntimes and in such manner as may be prescribed by the commissioner. The\\ncommissioner shall promulgate regulations setting forth the manner in\\nwhich information describing the purposes of the requirements of this\\nsection shall be disseminated to parents or a guardian of the infant\\ntested.\\n (b) The provisions of this section shall not apply in the case of any\\ninfant or child whose parent or guardian is a member of a recognized\\nreligious organization whose teachings and tenets are contrary to the\\ntesting herein required and who notifies the person charged with having\\nsuch test administered of his objection thereto.\\n (c) By regulation, the commissioner shall add adrenoleukodystrophy\\n(\"ALD\") to the list of diseases and conditions for which testing shall\\nbe performed pursuant to subdivision (a) of this section upon validation\\nby the Wadsworth Center of a test for ALD. The Wadsworth Center shall\\nundertake the process for validation upon the development of a test.\\nThis subdivision shall be known and may be cited as \"Aidan's Law.\"\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2500-B", "title" : "Sudden infant death syndrome", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2500-B", "activeDate" : "2014-09-22", "sequenceNo" : 801, "repealedDate" : null, "fromSection" : "2500-B", "toSection" : "2500-B", "text" : " § 2500-b. Sudden infant death syndrome. (a) Declaration of policy.\\n Occurrence of sudden deaths of infants is a tragedy for the child, the\\nfamily and the community, and a matter of vital concern to the public\\nhealth. In order to provide for the protection and promotion of the\\nhealth of the inhabitants of the state, the department of health shall\\nhave the central and comprehensive responsibility for the development\\nand administration of the state's policy with respect thereto.\\n (b) The commissioner shall establish a program to study the sudden\\ndeaths of infants which are unexpected by medical history, and for which\\nadequate causes of death have not been demonstrated.\\n (c) Such program may initially consist of pilot projects which shall\\ninclude epidemiological investigation, family counseling and evaluation\\nin order to identify the major risk factors in sudden infant deaths with\\nthe objective of preventing such deaths.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2500-C", "title" : "Special programs with respect to diethylstilbestrol", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2017-08-04" ], "docLevelId" : "2500-C", "activeDate" : "2017-08-04", "sequenceNo" : 802, "repealedDate" : null, "fromSection" : "2500-C", "toSection" : "2500-C", "text" : " § 2500-c. Special programs with respect to diethylstilbestrol. 1. For\\nthe purpose of identifying persons who have been exposed to the\\npotential hazards and afflictions of diethylstilbestrol, and for the\\npurpose of educating the public concerning the symptoms and prevention\\nof associated malignancies, the commissioner shall establish, promote\\nand maintain a public information campaign on diethylstilbestrol. Such\\ncampaign shall be conducted throughout the state and shall include but\\nnot be limited to a concerted effort at reaching those persons or the\\noffspring of persons who have been exposed to diethylstilbestrol in\\norder to encourage them to seek medical care for the prevention or\\ntreatment of any malignant condition.\\n 2. (a) The commissioner shall designate and enter into contracts with\\nproviders of health care for the purpose of establishing regional\\nscreening programs for diethylstilbestrol exposed persons. In\\ndetermining the provider with which to contract, the commissioner shall\\nconsider such provider's compliance with state and federally mandated\\nstandards, the location in relation to the geographical distribution of\\npersons exposed to diethylstilbestrol, and the capacity of such provider\\nto properly screen for breast cancer, vaginal cancer, cervical cancer,\\nvaginal adenosis, testicular cancer and any other malignancy and\\nabnormal conditions resulting from DES exposure.\\n (b) Each contract for a regional screening program shall be upon such\\nterms and conditions as the commissioner determines, provided, however,\\nthat expenses incurred shall be reimbursed by the state after applying\\nagainst the total cost of screening and diagnosis the amounts received\\nfrom third party payers and less any fee charged each person receiving\\nsuch services where the commissioner shall determine a sliding fee scale\\nbased on ability to pay.\\n 3. Each provider of health care that enters into a contract as\\nprovided for in this section shall conduct a training program in\\nconjunction with the department for purposes of instructing physicians,\\nphysician assistants and nurses within the respective health systems\\nagency in the detection, diagnosis, treatment and prevention of\\ndiethylstilbestrol exposed persons.\\n 4. The bureau of cancer control within the health department shall\\nestablish and maintain a registry of women who took diethylstilbestrol\\nduring pregnancy and their offspring who were exposed to\\ndiethylstilbestrol prenatally for the purpose of follow-up care and\\ntreatment of long term problems associated with diethylstilbestrol\\nexposure. Enrollment in the registry shall be upon a voluntary basis.\\n 5. The commissioner may request and shall receive from any department,\\ndivision, board, bureau, commission or agency of the state or of any\\npolitical subdivision thereof such assistance and data as will enable\\nhim to properly carry out his activities hereunder and effectuate the\\npurposes herein set forth. The commissioner may also enter into any\\ncontract for services as he deems necessary with a private agency or\\nconcern upon said terms and conditions as he deems appropriate.\\n 7. Special programs as provided for in this section shall be conducted\\nwithin the appropriation made therefor.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2500-D", "title" : "New York state poison control network", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2500-D", "activeDate" : "2014-09-22", "sequenceNo" : 803, "repealedDate" : null, "fromSection" : "2500-D", "toSection" : "2500-D", "text" : " § 2500-d. New York state poison control network. 1. For the purposes\\nof reducing the incidence, severity and expenditures for accidental,\\nhomicidal, suicidal or environmental poisoning; educating the public\\nconcerning the prevention and treatment of hazardous exposures; and\\norganizing poison control activities on a regional basis in order to\\navoid duplication and waste, the commissioner shall designate facilities\\nwithin the state as regional poison control centers.\\n 2. The commissioner shall consider the following criteria in\\ndesignating regional poison control centers: compliance or expected\\ncompliance with state poison control standards; location in relation to\\nthe geographical distribution of persons to be served; the need for\\nexpanded poison control services in the area to be served by the\\nprovider; whether the facility is presently providing poison control\\nservices; and the capacity of such providers to deliver and coordinate\\npoison prevention information and poison treatment to the general\\npublic.\\n 3. The commissioner shall establish minimum standards for designation\\nas a regional poison control center. Such standards shall include:\\n a. services to be provided which may include:\\n (i) dissemination of expert information and consultation services to\\nprofessional personnel on the diagnosis, treatment, and management of\\nany suspected or actual poisonings;\\n (ii) dissemination of information, emergency first aid, and referral\\nservices to the general public;\\n (iii) coordination, assurance and monitoring of poison prevention and\\nmedical management programs for the professional community and the\\ngeneral public in the region it serves; and\\n (iv) collection of uniform data and research activity to enhance\\npoison control management;\\n b. staffing requirements including the number, qualifications and\\ntraining of personnel;\\n c. operational requirements including availability of and access to\\nservices and informational resources, public and professional education,\\nand protocols;\\n d. comprehensive treatment capabilities and a categorized system of\\ntreatment facilities for the region;\\n e. health professional outreach program; and\\n f. regional data collection system including a method of insuring the\\nconfidentiality of such data as is otherwise required by law.\\n 4. The department shall make an annual report to the legislature of\\nits findings and recommendations concerning the effectiveness, impact\\nand benefits derived from the programs as established pursuant to this\\nsection. Such report shall be submitted on or before the first day of\\nFebruary and shall contain evaluations of such programs.\\n 5. The commissioner shall appoint a committee to advise the department\\non matters pertaining to poison prevention and control. Membership on\\nsuch committee shall include directors of regional poison control\\ncenters, consumers, industrial representatives, and representatives of\\nstate and federal agencies involved in poison safety.\\n 6. A general hospital which is designated as a regional poison control\\ncenter shall submit a budget indicating the costs of operating such\\ncenter. Costs determined by the commissioner to be necessary and\\nreasonable in order to comply with the requirements of this section\\nshall be reimbursable and shall be allocated to costs of general\\nhospital emergency services. Such reimbursable costs for a rate period\\nshall be considered in the calculation of rates of payment for emergency\\nservices of a general hospital for such rate period in accordance with\\nsubdivision two of section twenty-eight hundred seven of this chapter\\nwithout application of the maximum payment for the operating cost\\ncomponent of rates of payment for emergency services. Notwithstanding\\nany inconsistent provision of law, reimbursable costs of a general\\nhospital of operating a regional poison control center determined\\npursuant to this subdivision for annual rate periods beginning on or\\nafter January first, nineteen hundred ninety-one through December\\nthirty-first, nineteen hundred ninety-six allocable to emergency\\nservices provided to persons within such payor categories as specified\\nin paragraphs (a), (b) and (c) of subdivision one of section\\ntwenty-eight hundred seven-c of this chapter for inpatient hospital\\nservices, excluding governmental agencies, shall be included in the\\ndetermination of inpatient rates of payment for such payors, excluding\\ngovernmental agencies, and rates of payment determined in accordance\\nwith section twenty-eight hundred seven-c of this chapter shall be\\nadjusted on a hospital-specific basis in accordance with rules and\\nregulations adopted by the state hospital review and planning council,\\nsubject to the approval of the commissioner, to reflect such costs and\\nmaximum inpatient charges of such general hospital computed in\\naccordance with such section shall be adjusted accordingly; and cost\\nbased rates of payment for emergency services for such payors, other\\nthan governmental agencies, shall be calculated excluding costs of\\noperating a regional poison control center.\\n 7. Notwithstanding any inconsistent provision of law to the contrary,\\nthe commissioner is authorized to make grants, within amounts available\\ntherefor, to general hospitals designated as regional poison control\\ncenters to assist such general hospitals to meet reasonable costs of\\noperation of the regional poison control center.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2500-E", "title" : "Pregnant women, blood test for hepatitis B; follow-up care", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2500-E", "activeDate" : "2014-09-22", "sequenceNo" : 804, "repealedDate" : null, "fromSection" : "2500-E", "toSection" : "2500-E", "text" : " § 2500-e. Pregnant women, blood test for hepatitis B; follow-up care.\\n1. At the time that a blood sample is taken to be tested for syphilis\\npursuant to section twenty-three hundred eight of this chapter, every\\nphysician or other authorized practitioner attending a pregnant woman in\\nthe state shall, in addition, submit or cause to be submitted such\\nsample to an approved laboratory for a standard serological test for\\nhepatitis B surface antigen.\\n 2. The term \"approved laboratory\" means a laboratory approved for the\\npurpose as herein provided by the department, or in the city of New York\\nby the department of health of such city.\\n 3. A standard serological test for hepatitis B surface antigen is one\\nrecognized as such by the department or in the city of New York by the\\ndepartment of health of such city.\\n 4. The physician or other authorized practitioner attending a pregnant\\nwoman shall record the hepatitis B surface antigen test results\\nprominently in the pregnant woman's medical record at or before the time\\nof hospital admission for delivery.\\n 5. If, at the time of hospital admission for delivery, hepatitis B\\nsurface antigen test results are not available, the hospital shall\\narrange immediate testing of the mother with results available within\\ntwenty-four hours, or as soon thereafter as practicable, but in no event\\nlonger than forty-eight hours.\\n 6. It shall be the duty of the administrative officer or other person\\nin charge of each institution caring for infants twenty-eight days of\\nage or less to report the hepatitis B surface antigen test results of\\nall mothers of newborn children to the department in such a manner as\\nmay be required by the commissioner.\\n 7. If the mother of a newborn infant has tested positive for hepatitis\\nB surface antigen, the physician or other authorized practitioner\\nattending the infant shall offer or cause to be offered immunizing doses\\nof hepatitis B vaccine and hepatitis B immune globulin to the newborn\\nwithin twelve hours of birth or whenever the infant is stable\\nphysiologically and immunizing doses of hepatitis B vaccine and\\nfollow-up vaccine in accordance with the schedule specified by the\\ncommissioner. If the mother's hepatitis B surface antigen test results\\nwere unavailable when the mother was admitted to a hospital for\\ndelivery, the physician or other authorized practitioner attending the\\ninfant shall offer or cause to be offered immunizing doses of hepatitis\\nB vaccine and hepatitis B immune globulin for the newborn immediately\\nupon receiving results showing that the mother has tested positive for\\nhepatitis B surface antigen and offer immunizing doses of hepatitis B\\nvaccine and follow-up vaccine in accordance with the schedule specified\\nby the commissioner.\\n 8. The parent or guardian of any child born to a mother positive for\\nhepatitis B surface antigen shall have administered to such child\\nimmunizing doses of hepatitis B immune globulin at birth and hepatitis B\\nvaccine as well as follow-up hepatitis B vaccine in accordance with the\\nschedule specified by the commissioner.\\n 9. If the parent or guardian of such child is unable to pay for the\\nservices of a private physician or other authorized practitioner, such\\nperson shall present such child to the health officer of the county in\\nwhich the child resides, who shall then administer the follow-up\\nhepatitis B vaccine without charge.\\n 10. If any licensed physician or nurse practitioner certifies that a\\nfollow-up dose of hepatitis B vaccine may be detrimental to a child's\\nhealth, the requirements of this section shall be inapplicable until\\nsuch immunization is found no longer to be detrimental to such child's\\nhealth.\\n 11. The provision of this section relating to immunization shall not\\napply in the case of any newborn infant whose parent or guardian holds\\ngenuine and sincere religious beliefs which prohibit immunization and\\nwho notifies the person charged with administering such immunization of\\nthe religious objection thereto.\\n 12. The commissioner of health shall promulgate such rules and\\nregulations as are necessary to carry out the requirements of this\\nsection.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2500-F", "title" : "Human immunodeficiency virus; testing of newborns", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2500-F", "activeDate" : "2014-09-22", "sequenceNo" : 805, "repealedDate" : null, "fromSection" : "2500-F", "toSection" : "2500-F", "text" : " § 2500-f. Human immunodeficiency virus; testing of newborns. 1. In\\norder to improve the health outcomes of newborns, and to improve access\\nto care and treatment for newborns infected with or exposed to human\\nimmunodeficiency virus (HIV) and their mothers, the commissioner shall\\nestablish a comprehensive program for the testing of newborns for the\\npresence of human immunodeficiency virus and/or the presence of\\nantibodies to such virus.\\n 2. The commissioner shall promulgate regulations governing the\\nimplementation of the program required pursuant to subdivision one of\\nthis section, including the administration of testing, counseling,\\ntracking, disclosure of test results pursuant to section twenty-seven\\nhundred eighty-two of this chapter, follow-up reviews, and educational\\nactivities relating to such testing.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2500-F-1", "title" : "Special program for HIV services for women and children, including adolescents", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2500-F-1", "activeDate" : "2014-09-22", "sequenceNo" : 806, "repealedDate" : null, "fromSection" : "2500-F-1", "toSection" : "2500-F-1", "text" : " § 2500-f-1. Special program for HIV services for women and children,\\nincluding adolescents. The commissioner, pursuant to a request for\\nproposal, shall make grants to programs to provide HIV services for\\nwomen and children, including adolescents which may include outreach and\\neducation concerning HIV infection, modes of transmission, the benefits\\nof early diagnosis and medical intervention and the availability of\\nservices in the community for women and children, including adolescents,\\nincluding those in need of prenatal and postpartum services. Such\\nprograms may make referrals for and may deliver medical and other\\nappropriate services to assist such women and children, including\\nadolescents. The commissioner is authorized to make grants within\\namounts available therefor to hospitals, community-based organizations\\nand community service programs for programs authorized under this\\nsection.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2500-G", "title" : "Newborn infant hearing screening", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2500-G", "activeDate" : "2014-09-22", "sequenceNo" : 807, "repealedDate" : null, "fromSection" : "2500-G", "toSection" : "2500-G", "text" : " § 2500-g. Newborn infant hearing screening. 1. The commissioner shall,\\nwithin the amounts appropriated therefor, and in consultation with\\nhealth care providers or their representatives, establish a program to\\nscreen newborn infants for hearing problems. This program shall\\nincorporate consensus medical guidelines and protocols, reflecting the\\nmost cost-effective methods for detecting hearing problems as early as\\npossible in an infant's life. The program shall provide for follow-up\\nscreening including referrals for screening or care. Such program shall\\nalso provide for the reimbursement of health care providers performing\\nsuch services under the program.\\n 2. It shall be the duty of the administrative officer or other\\ndesignated person at each facility licensed pursuant to article\\ntwenty-eight of this chapter caring for newborn infants, to either\\nadminister a hearing screening upon each such newborn infant or, if the\\nfacility is not reasonably able to screen a newborn infant prior to\\ndischarge, provide a referral for the newborn infant to obtain the\\nservice following discharge. Facilities subject to the provisions of\\nthis section that administer a newborn infant hearing screening shall\\nreport to the department in a manner and format required by the\\ncommissioner:\\n (a) the results of each newborn infant hearing screening performed;\\n (b) instances in which a newborn infant hearing screening is not\\nperformed on a newborn infant before such infant is discharged from the\\nfacility; and\\n (c) such other information or data as may be required by the\\ncommissioner pursuant to regulation to fulfill the purposes of this\\nsection.\\n 3. Any person who performs a newborn infant hearing screening, meaning\\na hearing screening performed upon a newborn infant, other than a\\nhearing screening administered by a facility pursuant to subdivision two\\nof this section, or upon a child under six months of age, shall report\\nto the department, in a manner and format required by the commissioner\\npursuant to regulation:\\n (a) the results of each newborn infant hearing screening performed;\\nand\\n (b) such other information or data as may be required by the\\ncommissioner to fulfill the purposes of this section.\\n 4. The department shall collect and maintain the newborn infant\\nhearing results and information provided pursuant to subdivisions two\\nand three of this section in a statewide information system developed by\\nthe department for such purpose.\\n 5. The department shall provide access to newborn infant hearing\\nscreening results and other information or data as determined by the\\ndepartment to the following persons or entities for the following\\npurposes:\\n (a) The commissioner of health for the purposes of outreach, quality\\nimprovement and accountability, research, and epidemiological studies\\nand disease control;\\n (b) The commissioner of health and mental hygiene for the city of New\\nYork and local health departments for purposes of outreach, quality\\nimprovement and accountability, research, epidemiological studies and\\ndisease control;\\n (c) Health care professionals licensed under title eight of the\\neducation law and their designees for the purposes of determining, with\\nrespect to newborn infants or children under their care, whether a\\nnewborn infant hearing screening was performed, whether a re-screening\\nor other follow-up is necessary, to enter newborn infant hearing\\nscreening results and data, and for treatment purposes;\\n (d) A facility licensed under article twenty-eight of this chapter\\nthat administers a newborn infant hearing screening for the purposes of\\nentering newborn infant hearing screening results and data into the\\nstatewide information system and determining whether a screening,\\nre-screening or other follow-up is necessary;\\n (e) Third party payers as defined in paragraph (f) of subdivision two\\nof section twenty-one hundred sixty-eight of this chapter for the\\npurposes of quality assurance, accountability and outreach relating to\\nenrollees covered by the third party payer; and\\n (f) A commissioner of a local social services district with regard to\\nnewborn infants or children in his or her legal custody.\\n 6. All newborn hearing screening results and other information or data\\nmaintained by the department shall be confidential and shall not be\\ndisclosed except as provided for in this section. The parent or guardian\\nof a newborn infant or child for whom a newborn infant hearing screening\\nwas performed may obtain a copy of the newborn infant hearing screening\\nresults from:\\n (a) The facility that administered the newborn infant hearing\\nscreening;\\n (b) The person who performed the screening, if the screening was not\\nadministered at a facility subject to the provisions of this section; or\\n (c) The statewide information system that maintains the results by\\nrequesting the record pursuant to procedures established by the\\ncommissioner in regulation.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2500-H", "title" : "Statewide perinatal data system", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2500-H", "activeDate" : "2014-09-22", "sequenceNo" : 808, "repealedDate" : null, "fromSection" : "2500-H", "toSection" : "2500-H", "text" : " * § 2500-h. Statewide perinatal data system. 1. In order to support\\nquality care at all hospitals with obstetric services, the department is\\nauthorized to provide de-identified information for all births at each\\naffiliate hospital in each regional perinatal center's network to the\\nregional perinatal center and the affiliate, except that such\\ninformation shall include zip code and a unique identifier such as\\nmedical record number.\\n 2. The information when received by the department shall be used\\nsolely for the purpose of improving quality of care and shall not be\\nsubject to release under article six of the public officers law, and\\nwhere applicable, shall be subject to the confidentiality provisions of\\nsection twenty-eight hundred five-m of this chapter, except that the\\nrelease of birth certificate information shall be subject to section\\nforty-one hundred seventy-four of this chapter.\\n 3. The commissioner may release information collected through the\\nstatewide perinatal data system to his or her designees, including\\npersons or entities under contract with the department to review quality\\nof care issues, as required to monitor regional perinatal centers and\\naffiliate hospitals and conduct quality improvement initiatives as\\nneeded to monitor, evaluate and improve patient care and outcomes. Such\\ndesignee or person or entity under contract with the department to\\nreview quality of care issues shall maintain the confidentiality of all\\nsuch information and shall use it only to improve quality of care, as\\napproved by the department.\\n * NB There are 2 § 2500-h's\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2500-H*2", "title" : "Anaphylactic policy for school districts and child care providers", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2019-09-20", "2020-09-18" ], "docLevelId" : "2500-H*2", "activeDate" : "2019-09-20", "sequenceNo" : 809, "repealedDate" : null, "fromSection" : "2500-H*2", "toSection" : "2500-H*2", "text" : " * § 2500-h. Anaphylactic policy for school districts and child care\\nproviders. 1. (a) The commissioner, in consultation with the\\ncommissioner of education, shall establish an anaphylactic policy for\\nschool districts setting forth guidelines and procedures to be followed\\nfor both the prevention of anaphylaxis and during a medical emergency\\nresulting from anaphylaxis. Such policy shall be developed after\\nconsultation with representatives of pediatric physicians, school nurses\\nand other health care providers with expertise in treating children with\\nanaphylaxis, parents of children with life threatening allergies, school\\nadministrators, teachers, school food service directors and appropriate\\nnot-for-profit corporations representing allergic individuals at risk\\nfor anaphylaxis.\\n (b) The commissioner, in consultation with the commissioner of\\nchildren and family services, shall establish an anaphylactic policy for\\nchild day care providers as defined in section three hundred ninety of\\nthe social services law setting forth guidelines and procedures to be\\nfollowed for both the prevention of anaphylaxis and during a medical\\nemergency resulting from anaphylaxis. Such policy shall be developed\\nafter consultation with representatives of pediatric physicians and\\nother health care providers with expertise in treating children with\\nanaphylaxis, parents of children with life threatening allergies, child\\nday care administrators and personnel, and appropriate not-for-profit\\ncorporations representing allergic individuals at risk for anaphylaxis.\\nThe commissioner, in consultation with the commissioner of children and\\nfamily services, shall create informational materials detailing such\\nanaphylactic polices to be distributed to child day care centers.\\n (c) In establishing policies pursuant to this subdivision, such\\ncommissioners shall consider existing requirements, as well as current\\nand best practices for schools and child day care providers on allergies\\nand anaphylaxis, including those in place for child care centers\\nregulated by the New York city department of health and mental hygiene.\\nSuch commissioners shall also consider the voluntary guidelines for\\nmanaging food allergies in schools and early care and education programs\\nissued by the United States department of health and human services, to\\nthe extent appropriate for the setting.\\n (d) The commissioner shall create informational materials detailing\\nsuch anaphylactic policies to be distributed to local school boards of\\neducation, charter schools, boards of cooperative educational services,\\nand child day care centers, and shall make the materials available on\\nthe department's website.\\n 2. The anaphylactic policies established under subdivision one of this\\nsection shall include the following:\\n (a) a procedure and treatment plan, including emergency protocols and\\nresponsibilities for school nurses and other appropriate school and\\nchild day care personnel, for responding to anaphylaxis;\\n (b) a training course for appropriate school and child day care\\npersonnel for preventing and responding to anaphylaxis. The commissioner\\nshall, in consultation with the commissioner of children and family\\nservices and the commissioner of education, consider existing training\\nprograms for responding to anaphylaxis in order to avoid duplicative\\ntraining requirements. Such pre-existing program shall fulfill the\\nrequirement for a training course pursuant to this subdivision if the\\nstandards of such pre-existing program are deemed by the commissioner to\\nbe at least as stringent as the standards promulgated by the\\ncommissioner in the development of the training course by the state;\\n (c) a procedure and appropriate guidelines for the development of an\\nindividualized emergency health care plan for children with a food or\\nother allergy which could result in anaphylaxis;\\n (d) a communication plan for intake and dissemination of information\\nprovided by the state regarding children with a food or other allergy\\nwhich could result in anaphylaxis, including a discussion of methods,\\ntreatments and therapies to reduce the risk of allergic reactions,\\nincluding anaphylaxis;\\n (e) strategies for the reduction of the risk of exposure to\\nanaphylactic causative agents, including food and other allergens; and\\n (f) a communication plan for discussion with children that have\\ndeveloped adequate verbal communication and comprehension skills and\\nwith the parents or guardians of all children about foods that are safe\\nand unsafe and about strategies to avoid exposure to unsafe food.\\n ** 3. On or before June thirtieth, two thousand eight, an anaphylactic\\npolicy shall be jointly forwarded by the commissioner and the\\ncommissioner of education to each local school board of education,\\ncharter school, and board of cooperative educational services in the\\nstate. Each such board and charter school shall consider and take action\\nin response to such anaphylactic policy.\\n ** NB Effective until September 12, 2020\\n ** 3. At least once per calendar year, schools shall send a\\nnotification to the parents and/or guardians of all children under the\\ncare of such schools to make them aware of such anaphylactic policies,\\nas developed by the commissioner. For children under the care of the\\nchild day care providers, such notification shall be provided by the\\nchild day care provider when the child is enrolled and annually\\nthereafter. Such notifications shall include contact information for\\nparents and guardians to engage further with the school or child day\\ncare provider to learn more about individualized aspects of such\\npolicies.\\n ** NB Effective September 12, 2020\\n 4. Within six months of the effective date of the chapter of the laws\\nof two thousand nineteen which amended this section, the anaphylactic\\npolicies established under this section shall be jointly forwarded by\\nthe commissioner as well as the commissioner of education or the\\ncommissioner of children and family services as appropriate to each\\nlocal school board of education, charter school, board of cooperative\\neducational services and child day care service provider, as defined in\\nsection three hundred ninety of the social services law, in the state.\\nEach such entity shall implement or update as appropriate their\\nanaphylactic policy in accordance with those developed by the state\\nwithin six months of receiving the anaphylactic policies.\\n 5. The anaphylactic policies established by this section shall be\\nupdated at least once every three years, or more frequently if the\\ncommissioner determines it to be necessary or desirable for the\\nprotection of children with a food allergy or other allergy which could\\nresult in anaphylaxis.\\n * NB There are 2 § 2500-h's\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2500-I", "title" : "Child food choking prevention", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2017-08-04", "2018-01-05" ], "docLevelId" : "2500-I", "activeDate" : "2018-01-05", "sequenceNo" : 810, "repealedDate" : null, "fromSection" : "2500-I", "toSection" : "2500-I", "text" : " § 2500-i. Child food choking prevention. 1. The department shall\\nestablish criteria for determining which foods and food products may\\npose a significant choking risk for children in various age groups.\\n 2. The department shall conduct an ongoing public awareness and\\neducation program under section two hundred seven of this chapter on\\nchoking risks, precautions and life-saving procedures, including, but\\nnot limited to, listing on its internet website information that assists\\nmembers of the public in locating infant and child cardiopulmonary\\nresuscitation classes.\\n 3. The department shall produce and distribute educational materials\\non food choking risks, precautions and life-saving procedures. Such\\nmaterials shall be made available to child care centers, pediatricians\\nand nursery, elementary and secondary schools for distribution to\\npersons in parental relation to children, and to hospitals, birthing\\ncenters and other appropriate health care providers for distribution to\\nmaternity patients. In addition, such materials shall be provided to\\nhealth care professionals engaged in the care and treatment of children\\nfor distribution to such children and persons in parental relation. The\\ndepartment shall also provide information on food choking risks,\\nprecautions and life-saving procedures on the department's internet\\nwebsite. No provision of this subdivision shall be deemed to prohibit\\nthe utilization and distribution of educational materials relating\\nthereto produced by any public, private or governmental entity, in lieu\\nof the department's production of such materials.\\n 4. The department shall periodically review available data on choking\\nincidents in children and update the information on choking risks,\\nprecautionary measures and life-saving procedures provided in its\\neducational materials and on its internet website, as appropriate.\\n 5. The department shall report every three years, commencing January\\nfirst, two thousand eighteen, to the governor, the temporary president\\nof the senate and the speaker of the assembly on the implementation of\\nthis section and any recommendations for furthering the purpose of this\\nsection.\\n 6. Implementation of this section shall be contingent upon and shall\\nbe conducted within appropriations made therefor.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2500-J", "title" : "Autism spectrum disorders; screening of children", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2018-08-31" ], "docLevelId" : "2500-J", "activeDate" : "2018-08-31", "sequenceNo" : 811, "repealedDate" : null, "fromSection" : "2500-J", "toSection" : "2500-J", "text" : " § 2500-j. Autism spectrum disorders; screening of children. 1. The\\ncommissioner shall establish, for use by pediatric primary care\\nproviders, best practice protocols for early screening of children for\\nautism spectrum disorders, including but not limited to developmental\\nscreening for children three years of age and under. Such protocols\\nshall incorporate standards and guidelines established by the American\\nAcademy of Pediatrics, shall be updated at least biennially, and shall\\ninclude, but not be limited to:\\n (a) the routine employment of objective autism spectrum disorder\\nscreening tools at regular intervals during critical childhood\\ndevelopmental stages;\\n (b) a provider/parental dialogue, utilizing the modified checklist for\\nautism in toddlers as a reference, intended to educate parents in regard\\nto autism spectrum disorders; and\\n (c) an appropriate referral mechanism for children who, based upon\\nresults of the aforementioned screening process, require further\\nevaluation.\\n 2. The modified checklist for autism in toddlers referred to in\\nsubdivision one of this section shall be accessible by the public on the\\ndepartment's internet website.\\n 3. The commissioner shall promulgate any rules and regulations\\nnecessary to implement the provisions of this section.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2500-K", "title" : "Maternal depression", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-02-06", "2017-12-22", "2018-01-05", "2018-06-08", "2018-07-13", "2024-12-27", "2025-01-10", "2025-02-21" ], "docLevelId" : "2500-K", "activeDate" : "2018-07-13", "sequenceNo" : 812, "repealedDate" : null, "fromSection" : "2500-K", "toSection" : "2500-K", "text" : " § 2500-k. Maternal depression. 1. Definitions. As used in this\\nsection:\\n (a) \"Maternal depression\" means a wide range of emotional and\\npsychological reactions a woman may experience during pregnancy or after\\nchildbirth. These reactions may include, but are not limited to,\\nfeelings of despair or extreme guilt, prolonged sadness, lack of energy,\\ndifficulty concentrating, fatigue, extreme changes in appetite, and\\nthoughts of suicide or of harming the baby. Maternal depression may\\ninclude prenatal depression, the \"baby blues,\" postpartum depression, or\\npostpartum psychosis -- the severest form.\\n (b) \"Maternal health care provider\" means a physician, midwife, nurse\\npractitioner, or physician assistant, or other health care practitioner\\nacting within his or her lawful scope of practice, attending a pregnant\\nwoman or a woman up to one year after childbirth, including a\\npractitioner attending the woman's child up to one year after\\nchildbirth.\\n 2. Maternal depression information. (a) The commissioner, in\\nconsultation with the commissioner of mental health, shall make\\navailable to maternal health care providers information on maternal\\ndepression. The information shall include, but not be limited to:\\n (i) a summary of the current evidence base and professional guidelines\\nfor maternal depression screening;\\n (ii) validated, evidence-based tools for maternal depression\\nscreening;\\n (iii) information about follow-up support for patients who may require\\nfurther evaluation, referral, or treatment including, when available,\\ninformation about specific community resources and entities licensed by\\nthe office of mental health; and\\n (iv) information on engaging support for the mother, which may include\\ncommunicating with the other parent of the child and other family\\nmembers, as appropriate and consistent with patient confidentiality.\\n (b) The information on maternal depression shall be posted on the\\ndepartment's website. The commissioner shall, in collaboration with the\\ncommissioner of mental health, update and review the information on\\nmaternal depression, as necessary.\\n 3. Maternal depression treatment. The commissioner, in consultation\\nwith the commissioner of mental health, shall:\\n (a) inform providers of the need to raise awareness about maternal\\ndepression; and\\n (b) provide information on the department's and office of mental\\nhealth's websites regarding how to locate available providers who treat\\nor provide support for maternal depression including, but not limited\\nto, mental health professionals, other licensed professionals, peer\\nsupport, not-for-profit corporations and other community resources.\\n 4. The commissioner shall make any regulations necessary to implement\\nthis section.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2501", "title" : "Health and welfare services to all children; duty of local boards", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2501", "activeDate" : "2014-09-22", "sequenceNo" : 813, "repealedDate" : null, "fromSection" : "2501", "toSection" : "2501", "text" : " § 2501. Health and welfare services to all children; duty of local\\nboards. 1. The local board of health or similar health authority of\\neach local health district shall provide children who attend schools\\nother than public with all or any of the health and welfare services and\\nfacilities, including but not limited to health, surgical, medical,\\ndental and therapeutic care and treatment and corrective aids and\\nappliances, authorized by law and now granted or hereafter made\\navailable by such local board of health or similar health authority for\\nor to children in the public schools in so far as these services and\\nfacilities may be requested by the authorities of the schools other than\\npublic.\\n 2. Any services or facilities provided pursuant to the provisions of\\nthis section shall be so provided notwithstanding any provision of any\\ncharter or other provision of law inconsistent herewith.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2502", "title" : "Report of certain conditions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2502", "activeDate" : "2014-09-22", "sequenceNo" : 814, "repealedDate" : null, "fromSection" : "2502", "toSection" : "2502", "text" : " § 2502. Report of certain conditions. Any nurse-midwife, nurse or\\nother person having the care of an infant within the age of two weeks\\nwho neglects or omits to report immediately to the health officer or to\\na legally qualified practitioner of medicine of the city, town or place\\nwhere such child is being cared for, the fact that one or both eyes of\\nsuch infant are inflammed or reddened whenever such shall be the case,\\nor who applies any remedy therefor without the advice, or except by the\\ndirection of such officer or physician is guilty of a misdemeanor.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2503", "title" : "Drug information to be furnished expectant mothers", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2503", "activeDate" : "2014-09-22", "sequenceNo" : 815, "repealedDate" : null, "fromSection" : "2503", "toSection" : "2503", "text" : " § 2503. Drug information to be furnished expectant mothers. The\\nphysician or nurse-midwife to be in attendance at the birth of a child\\nshall inform the expectant mother, in advance of the birth, of the drugs\\nthat such physician or nurse-midwife expects to employ during pregnancy\\nand of the obstetrical and other drugs that such physician or\\nnurse-midwife expects to employ at birth and of the possible effects of\\nsuch drugs on the child and mother.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2504", "title" : "Enabling certain persons to consent for certain medical, dental, health and hospital services", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2019-10-11", "2019-12-20", "2020-04-10", "2022-12-30", "2023-03-24", "2023-03-31", "2025-05-16", "2025-08-08" ], "docLevelId" : "2504", "activeDate" : "2014-09-22", "sequenceNo" : 816, "repealedDate" : null, "fromSection" : "2504", "toSection" : "2504", "text" : " § 2504. Enabling certain persons to consent for certain medical,\\ndental, health and hospital services. 1. Any person who is eighteen\\nyears of age or older, or is the parent of a child or has married, may\\ngive effective consent for medical, dental, health and hospital services\\nfor himself or herself, and the consent of no other person shall be\\nnecessary.\\n 2. Any person who has been married or who has borne a child may give\\neffective consent for medical, dental, health and hospital services for\\nhis or her child. Any person who has been designated pursuant to title\\nfifteen-A of article five of the general obligations law as a person in\\nparental relation to a child may consent to any medical, dental, health\\nand hospital services for such child for which consent is otherwise\\nrequired which are not: (a) major medical treatment as defined in\\nsubdivision (a) of section 80.03 of the mental hygiene law; (b)\\nelectroconvulsive therapy; or (c) the withdrawal or discontinuance of\\nmedical treatment which is sustaining life functions.\\n 3. Any person who is pregnant may give effective consent for medical,\\ndental, health and hospital services relating to prenatal care.\\n 4. Medical, dental, health and hospital services may be rendered to\\npersons of any age without the consent of a parent or legal guardian\\nwhen, in the physician's judgment an emergency exists and the person is\\nin immediate need of medical attention and an attempt to secure consent\\nwould result in delay of treatment which would increase the risk to the\\nperson's life or health.\\n 5. Where not otherwise already authorized by law to do so, any person\\nin a parental relation to a child as defined in section twenty-one\\nhundred sixty-four of this chapter and, (i) a grandparent, an adult\\nbrother or sister, an adult aunt or uncle, any of whom has assumed care\\nof the child and, (ii) an adult who has care of the child and has\\nwritten authorization to consent from a person in a parental relation to\\na child as defined in section twenty-one hundred sixty-four of this\\nchapter, may give effective consent for the immunization of a child.\\nHowever, a person other than one in a parental relation to the child\\nshall not give consent under this subdivision if he or she has reason to\\nbelieve that a person in parental relation to the child as defined in\\nsection twenty-one hundred sixty-four of this chapter objects to the\\nimmunization.\\n 6. Anyone who acts in good faith based on the representation by a\\nperson that he is eligible to consent pursuant to the terms of this\\nsection shall be deemed to have received effective consent.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2504-A", "title" : "Hepatitis B immunization of a minor", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2504-A", "activeDate" : "2014-09-22", "sequenceNo" : 817, "repealedDate" : null, "fromSection" : "2504-A", "toSection" : "2504-A", "text" : " § 2504-a. Hepatitis B immunization of a minor. 1. A health care\\npractitioner may administer immunization against hepatitis B to a person\\nunder the age of eighteen years without the consent or knowledge of the\\nparents or guardian of said person, if said person has capacity to\\nconsent and consents to the immunization, and said person is housed in a\\nstate or local correctional facility.\\n 2. For the purposes of this section:\\n (a) the term \"health care practitioner\" shall mean a person licensed,\\ncertified or otherwise authorized to practice under title eight of the\\neducation law, acting within his or her lawful scope of practice; and\\n (b) the term \"capacity to consent\" shall mean an individual's ability,\\ndetermined without regard to the individual's age, to understand and\\nappreciate the nature and consequences of the proposed immunization, and\\nto make an informed decision concerning the immunization.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2505", "title" : "Human breast milk; collection, storage and distribution; general powers of the commissioner", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-11-27" ], "docLevelId" : "2505", "activeDate" : "2015-11-27", "sequenceNo" : 818, "repealedDate" : null, "fromSection" : "2505", "toSection" : "2505", "text" : " § 2505. Human breast milk; collection, storage and distribution;\\ngeneral powers of the commissioner. The commissioner is hereby empowered\\nto:\\n (a) adopt regulations and guidelines including, but not limited to\\ndonor standards, methods of collection, and standards for storage, and\\ndistribution of human breast milk;\\n (b) conduct educational activities to inform the public and health\\ncare providers of the availability of human breast milk for infants\\ndetermined to require such milk and to inform potential donors of the\\nopportunities for proper donation;\\n (c) conduct educational activities to encourage and facilitate\\nemployers and child day care centers to establish environments that do\\nnot discourage breastfeeding and the provision of breast milk. Such\\nenvironments may include sanitary locations for breastfeeding and\\nrefrigerators to assist in breastfeeding and feeding babies with\\nexpressed breast milk; and\\n (d) establish rules and regulations to effectuate the provisions of\\nthis section.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2505-A", "title" : "Rights of breastfeeding mothers", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-11-27", "2016-01-08" ], "docLevelId" : "2505-A", "activeDate" : "2016-01-08", "sequenceNo" : 819, "repealedDate" : null, "fromSection" : "2505-A", "toSection" : "2505-A", "text" : " § 2505-a. Rights of breastfeeding mothers. 1. The principles\\nenunciated in subdivision three of this section are declared to be the\\npublic policy of the state and a copy of such statement of rights shall\\nbe posted conspicuously in a public place in each maternal health care\\nfacility and child day care facility. For purposes of this section,\\n\"maternal health care provider\" means a physician, midwife, or other\\nauthorized practitioner attending a pregnant woman; and \"maternal health\\ncare facility\" includes hospitals and freestanding birthing centers\\nproviding perinatal services in accordance with article twenty-eight of\\nthis chapter and applicable regulations.\\n 2. The commissioner shall make available to every maternal health care\\nprovider, maternal health care facility and child day care facility, on\\nthe health department's website for the purpose of health care\\nfacilities to include such rights in the maternity information leaflet\\nas described in section twenty-eight hundred three-j of this chapter, a\\ncopy of the statement of rights provided in subdivision three of this\\nsection in the top six languages other than English spoken in the state\\naccording to the latest available data from the U.S. Bureau of Census,\\nand shall adopt any rules and regulations necessary to ensure that such\\npatients are treated in accordance with the provisions of such\\nstatement.\\n 3. The statement of rights shall consist of the following:\\n \"Breastfeeding Mothers' Bill of Rights\"\\n Choosing the way you will feed your new baby is one of the important\\ndecisions you will make in preparing for your infant's arrival. Doctors\\nagree that for most women breastfeeding is the safest and most healthy\\nchoice. It is your right to be informed about the benefits of\\nbreastfeeding and have your health care provider, maternal health care\\nfacility and child day care facility encourage and support\\nbreastfeeding. You have the right to make your own choice about\\nbreastfeeding. Whether you choose to breastfeed or not you have the\\nfollowing basic rights regardless of your race, creed, national origin,\\nsexual orientation, gender identity or expression, or source of payment\\nfor your health care. Maternal health care facilities have a\\nresponsibility to ensure that you understand these rights. They must\\nprovide this information clearly for you and must provide an interpreter\\nif necessary. These rights may only be limited in cases where your\\nhealth or the health of your baby requires it. If any of the following\\nthings are not medically right for you or your baby, you should be fully\\ninformed of the facts and be consulted.\\n(1) Before You Deliver, if you attend prenatal childbirth education\\nclasses provided by the maternal health care facility and all hospital\\nclinics and diagnostic and treatment centers providing prenatal services\\nin accordance with article 28 of the public health law you must receive\\nthe breastfeeding mothers' bill of rights. Each maternal health care\\nfacility shall provide the maternity information leaflet, including the\\nBreastfeeding Mothers' Bill of Rights, in accordance with section\\ntwenty-eight hundred three-i of the public health law to each patient or\\nto the appointed personal representative at the time of prebooking or\\ntime of admission to a maternal health care facility. Each maternal\\nhealth care provider shall give a copy of the Breastfeeding Mothers'\\nBill of Rights to each patient at or prior to the medically appropriate\\ntime.\\n You have the right to complete information about the benefits of\\nbreastfeeding for yourself and your baby. This will help you make an\\ninformed choice on how to feed your baby.\\n You have the right to receive information that is free of commercial\\ninterests and includes:\\n * How breastfeeding benefits you and your baby nutritionally,\\nmedically and emotionally;\\n * How to prepare yourself for breastfeeding;\\n * How to understand some of the problems you may face and how to solve\\nthem.\\n(2) In The Maternal Health Care Facility:\\n * You have the right to have your baby stay with you right after birth\\nwhether you deliver vaginally or by cesarean section. You have the right\\nto begin breastfeeding within one hour after birth.\\n * You have the right to have someone trained to help you in\\nbreastfeeding give you information and help you when you need it.\\n * You have the right to have your baby not receive any bottle feeding\\nor pacifiers.\\n * You have the right to know about and refuse any drugs that may dry\\nup your milk.\\n * You have the right to have your baby in your room with you 24 hours\\na day.\\n * You have the right to breastfeed your baby at any time day or night.\\n * You have the right to know if your doctor or your baby's\\npediatrician is advising against breastfeeding before any feeding\\ndecisions are made.\\n * You have the right to have a sign on your baby's crib clearly\\nstating that your baby is breastfeeding and that no bottle feeding of\\nany type is to be offered.\\n * You have the right to receive full information about how you are\\ndoing with breastfeeding and get help on how to improve.\\n * You have the right to breastfeed your baby in the neonatal intensive\\ncare unit. If nursing is not possible, every attempt will be made to\\nhave your baby receive your pumped or expressed milk.\\n * If you, or your baby, are re-hospitalized in a maternal care\\nfacility after the initial delivery stay, the hospital will make every\\neffort to continue to support breastfeeding, to provide hospital grade\\nelectric pumps and rooming in facilities.\\n * You have the right to have help from someone specially trained in\\nbreastfeeding support and expressing breast milk if your baby has\\nspecial needs.\\n * You have the right to have a family member or friend receive\\nbreastfeeding information from a staff member if you request it.\\n(3) When You Leave The Maternal Health Care Facility:\\n * You have the right to printed breastfeeding information free of\\ncommercial material.\\n * You have the right, unless specifically requested by you, and\\navailable at the facility, to be discharged from the facility without\\ndischarge packs containing infant formula, or formula coupons unless\\nordered by your baby's health care provider.\\n * You have the right to get information about breastfeeding resources\\nin your community including information on availability of breastfeeding\\nconsultants, support groups and breast pumps.\\n * You have the right to have the facility give you information to help\\nchoose a medical provider for your baby and understand the importance of\\na follow-up appointment.\\n * You have the right to receive information about safely collecting\\nand storing your breast milk.\\n * You have the right to breastfeed your baby in any location, public\\nor private, where you are otherwise authorized to be. Complaints can be\\ndirected to the New York State Division of Human Rights.\\n * You have a right to breastfeed your baby at your place of employment\\nor child day care center in an environment that does not discourage\\nbreastfeeding or the provision of breast milk.\\n * You have the right to take reasonable unpaid breaks at work so you\\ncan pump breast milk for up to three years following childbirth under\\nsection 206-c of the Labor Law. Your employer must make reasonable\\nefforts to provide a room or other locations where you can express\\nbreast milk in privacy. Your employer may not discriminate against you\\nbased on your decision to express breast milk at work. Complaints can be\\ndirected to the New York State Department of Labor.\\n All the above are your rights. If the maternal health care facility\\ndoes not honor these rights you can seek help by contacting the New York\\nstate department of health or by contacting the hospital complaint\\nhotline or via email.\\n 4. The commissioner shall make regulations reasonably necessary to\\nimplement this section.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2506", "title" : "Obstetric and pediatric practitioner incentive demonstration program", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2506", "activeDate" : "2014-09-22", "sequenceNo" : 820, "repealedDate" : null, "fromSection" : "2506", "toSection" : "2506", "text" : " § 2506. Obstetric and pediatric practitioner incentive demonstration\\nprogram. 1. There is hereby established in the department the obstetric\\nand pediatric practitioner incentive demonstration program, to provide\\nfinancial support for obstetric practitioners providing prenatal and\\nobstetric services to medically needy women and to pediatric\\npractitioners serving children up to one year of age, to assist them in\\npaying for professional liability insurance coverage related to those\\nservices, within amounts appropriated for that purpose.\\n 2. As used in this section, the following terms shall have the\\nfollowing meanings:\\n (a) \"Obstetric practitioner\". A physician who is board certified or an\\nactive candidate for board certification in obstetrics, a physician who\\nis board certified, or eligible for board certification, in family\\npractice and provides obstetric services, a certified nurse midwife, or\\nan obstetric nurse practitioner.\\n (b) \"Pediatric practitioner\". A physician who is board certified, or\\neligible for board certification, in pediatrics or a pediatric nurse\\npractitioner.\\n (c) \"Prenatal and obstetric services to medically needy women\" and\\n\"pediatric services for children up to one year of age\". Prenatal and\\nobstetric services provided by an obstetric practitioner, and pediatric\\nservices for children up to one year of age, in private individual or\\ngroup practice, or comprehensive diagnostic and treatment centers\\npursuant to article twenty-eight of this chapter, to women and children\\n(i) through the prenatal care assistance program, or the medical\\nassistance program under the social services law; or (ii) through a\\nprogram approved by the commissioner under this section, under which the\\nservices are provided without remuneration to the practitioner for his\\nor her services; or (iii) who are not covered for these services by\\nsubparagraph (i) of this paragraph or by private health insurance.\\n 3. The commissioner is authorized to contract with obstetric and\\npediatric practitioners to provide financial support for the costs they\\nbear for their professional liability insurance coverage, to the extent\\nthat the cost is reasonably related or proportional to the amount of\\nprenatal and obstetric and pediatric services to medically needy women\\nand children up to one year of age the practitioner provides in\\nproportion to the total amount of prenatal, obstetric and pediatric\\nservices the practitioner provides.\\n 4. Prenatal and obstetric services and pediatric services for children\\nup to one year of age provided without remuneration to the obstetrical\\nor pediatric practitioner, for the purposes of this section, shall be\\nprovided as part of a program administered by a general hospital (as\\ndefined in article twenty-eight of this chapter) or a city or county\\nhealth department, approved by the commissioner.\\n 5. The commissioner shall establish regulations, standards and\\nprocedures for the obstetric and pediatric practitioner incentive\\ndemonstration program, including but not limited to quality assurance,\\nthe services to be provided, and the provision or records and\\ninformation by obstetric and pediatric practitioners applying for or\\nreceiving support under this section.\\n 6. In making contracts under this section, the commissioner shall\\nconsider the extent to which the support will increase, maintain and\\nimprove the accessibility and quality of prenatal and obstetric services\\nto medically needy women and pediatric services to children up to one\\nyear of age, and shall assure that support is reasonably distributed\\ngeographically throughout urban and rural areas of the state.\\n 7. On or before February first, nineteen hundred ninety-two, the\\ncommissioner shall submit to the governor and the chairs of the assembly\\nand senate committees on health a report on the operation and\\neffectiveness of the obstetric and pediatric practitioner incentive\\ndemonstration program, including any recommendations the commissioner\\ndeems appropriate.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2507", "title" : "Special supplemental nutrition program for women, infants and children; specialty formula", "docType" : "SECTION", "publishedDates" : [ "2015-12-25", "2017-01-06", "2017-03-17" ], "docLevelId" : "2507", "activeDate" : "2017-03-17", "sequenceNo" : 821, "repealedDate" : null, "fromSection" : "2507", "toSection" : "2507", "text" : " § 2507. Special supplemental nutrition program for women, infants and\\nchildren; specialty formula.\\n 1. Definitions. For the purposes of this section:\\n (a) \"WIC\" shall mean the special supplemental nutrition program for\\nwomen, infants and children;\\n (b) \"WIC food vendor\" shall mean a business entity that operates a\\nretail delivery system that is authorized by the department to sell\\nproducts covered by WIC to individuals under the WIC program; and\\n (c) \"Specialty formula\" shall mean specifically formulated nutrition\\nproducts prescribed for medically fragile WIC participants with\\nqualifying medical conditions.\\n 2. Every WIC food vendor shall be authorized to sell any product\\ncovered under WIC, including specialty formula, in accordance with the\\nWIC vendor type as designated by the department, unless specifically\\nlimited or barred by the commissioner pursuant to state or federal\\nregulations. The commissioner is authorized to establish criteria\\ndefining which WIC food vendors can sell specialty formula. Any such\\ncriteria shall not be applied arbitrarily and shall ensure WIC\\nparticipant access to specialty formula. The commissioner shall\\nestablish a process to address individual cases where there is evidence\\nof inadequate WIC participant access.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2508", "title" : "Newborn health and safe sleep study", "docType" : "SECTION", "publishedDates" : [ "2017-10-27", "2018-04-27" ], "docLevelId" : "2508", "activeDate" : "2018-04-27", "sequenceNo" : 822, "repealedDate" : null, "fromSection" : "2508", "toSection" : "2508", "text" : " § 2508. Newborn health and safe sleep study. There shall be\\nestablished in the department, by the commissioner, a newborn health and\\nsafe sleep study designed to reduce infant mortality rates across the\\nstate and enhance existing strategies to improve safe sleep practices.\\nThe department, in consultation with health care providers, hospitals,\\nsafe sleep product manufacturers, provider groups, the New York state\\noffice of children and family services, and any other person or entity\\nthe commissioner deems necessary, shall conduct a study on the\\neffectiveness of existing safe sleep practices and identify additional\\nsafe sleep practices that reduce infant mortality rates. The study shall\\ninclude a review of baby boxes and other products aimed at encouraging\\nsafe and healthy sleep practices. The department shall report to the\\nlegislature within twelve months of the effective date of this section\\non the results of this study. Within twelve months after the completion\\nof the study, the department shall conduct a pilot program aimed at\\nimproving caregiver education and continued safe sleep practices in\\ncounties or areas with high infant mortality rates, and also shall\\npursue available funding options and make efforts to establish a\\npublic-private partnership with organizations that promote such causes\\nor manufacture such products in order to seek to obtain donations for\\nthese purposes.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2509", "title" : "Maternal mortality review board", "docType" : "SECTION", "publishedDates" : [ "2019-08-09" ], "docLevelId" : "2509", "activeDate" : "2019-08-09", "sequenceNo" : 823, "repealedDate" : null, "fromSection" : "2509", "toSection" : "2509", "text" : " § 2509. Maternal mortality review board. 1. (a) There is hereby\\nestablished in the department the maternal mortality review board for\\nthe purpose of reviewing maternal deaths and maternal morbidity and\\ndeveloping and disseminating findings, recommendations, and best\\npractices to contribute to the prevention of maternal mortality and\\nmorbidity. The board shall assess the cause of death, factors leading to\\ndeath and preventability for each maternal death reviewed and, in the\\ndiscretion of the board, cases of severe maternal morbidity, and shall\\ndevelop and disseminate strategies for reducing the risk of maternal\\nmortality and morbidity, including risk resulting from racial, economic,\\nor other disparities. The commissioner may delegate the authority to\\nconduct maternal mortality reviews.\\n (b) The commissioner may enter into an agreement with the city of New\\nYork providing:\\n (i) that the functions of the state board relating to maternal deaths\\nand severe maternal morbidity occurring within the city of New York\\nshall be conducted by the city board;\\n (ii) the city board shall provide to the state board the results of\\nits reviews, relevant information in the possession of the city board,\\nand the recommendations of the city board; and\\n (iii) the department and the state board shall provide information and\\nassistance to the city board for the performance of its functions.\\n (c) Nothing in this section shall prevent the city of New York from\\nestablishing, without an agreement with the commissioner, a board\\nrelating to maternal deaths and severe maternal morbidity occurring\\nwithin the city of New York.\\n 2. As used in this section, unless the context requires otherwise:\\n (a) \"Advisory council\" and \"council\" mean the advisory council on\\nmaternal mortality and morbidity, established under this section.\\n (b) \"Board\" means a maternal mortality review board established by\\nthis section, referred to in this section as the \"state board\", or a\\nboard operating under this section established by the city of New York,\\nwith or without an agreement with the commissioner, referred to in this\\nsection as the \"city board\".\\n (c) \"Maternal death\" means the death of a woman during pregnancy or\\nwithin a year from the end of pregnancy.\\n (d) \"Severe maternal morbidity\" or \"morbidity\" means unexpected\\noutcomes of pregnancy, labor, or delivery that result in significant\\nshort- or long-term consequences to a woman's health.\\n (e) \"City commissioner\" means the commissioner of the New York city\\ndepartment of health and mental hygiene.\\n 3. (a) The members of the state board shall be comprised of\\nmultidisciplinary experts in the field of maternal mortality, women's\\nhealth and public health, and shall include health care professionals or\\nother experts who serve and are representative of the racial, ethnic,\\nand socioeconomic diversity of the women and mothers of the state and,\\nto the extent possible, the medically underserved areas of the state or\\nareas of the state with disproportionately high occurrences of maternal\\nmortality or morbidity.\\n (b) The state board shall be composed of at least fifteen members, all\\nof whom shall be appointed by the commissioner.\\n (c) The terms of the state board members shall be three years. The\\ncommissioner may choose to reappoint state board members to additional\\nthree year terms.\\n (d) A majority of the appointed membership of the state board, no less\\nthan three, shall constitute a quorum.\\n (e) When any member of the state board fails to attend three\\nconsecutive regular meetings, unless such absence is for good cause,\\nthat membership may be deemed vacant for purposes of the appointment of\\na successor.\\n (f) Meetings of the state board shall be held at least twice a year\\nbut may be held more frequently as deemed necessary, subject to request\\nof the department.\\n (g) Members of the state and city boards shall be indemnified under\\nsection seventeen of the public officers law or section fifty-k of the\\ngeneral municipal law, as the case may be.\\n (h) Members of the state board shall not be compensated for their\\nparticipation on the board but shall receive reimbursement for their\\nordinary and necessary expenses of participation.\\n (i) Membership on a board shall not disqualify any person from holding\\nany public office or employment.\\n 4. (a) The commissioner may request and shall receive upon request\\nfrom any department, division, board, bureau, commission, local health\\ndepartments or other agency of the state or political subdivision\\nthereof or any public authority, such information, including but not\\nlimited to death records, medical records, autopsy reports, toxicology\\nreports, hospital discharge records, birth records and any other\\ninformation that will help the department under this section to properly\\ncarry out its functions, powers and duties. The commissioner, or the\\ncity commissioner for the maternal deaths or maternal morbidity\\noccurring within the vital statistics registration district of the city\\nof New York may request and shall receive upon request from any\\ndepartment, division, board, commission or other agency under the\\nauthority of the city of New York as well as hospitals established\\npursuant to article twenty-eight of this chapter, birthing facilities,\\nmedical examiners, coroners and coroner physicians and any other\\nfacility providing services associated with maternal mortality or\\nmaternal morbidity, such information, including, but not limited to,\\ndeath records, medical records, autopsy reports, toxicology reports,\\nhospital discharge records, birth records and any other information that\\nwill help the department under this section to properly carry out its\\nfunctions, powers and duties.\\n (b) The commissioner and the city commissioner shall receive and may\\nsolicit voluntary information, including oral or written statements,\\nrelating to any maternal death and case of severe maternal morbidity,\\nfrom any family member or other interested party (including the patient\\nin a case of severe maternal morbidity) relating to any case that may\\ncome before the board. Oral statements received under this paragraph\\nshall be transcribed or summarized in writing. The commissioner and the\\ncity commissioner shall transmit that information to the board\\nconsidering the case.\\n (c) Before transmitting any information to the board, the commissioner\\nor the city commissioner shall remove all personal identifying\\ninformation of the woman, health care practitioner or practitioners or\\nanyone else individually named in such information, as well as the\\nhospital or facility that treated the woman, and any other information\\nsuch as geographic location that may inadvertently identify the woman,\\npractitioner or facility. This paragraph shall not preclude the\\ntransmitting of information to the board that is reasonably necessary to\\nenable the board to perform an appropriate review under this section.\\n 5. Each board:\\n (a) shall make and report findings and recommendations to the\\ncommissioner, and in the case of the city board to the commissioner and\\nthe city commissioner regarding the cause of death, factors leading to\\ndeath, and preventability of each maternal death case, and each case of\\nsevere maternal morbidity reviewed by the board, by reviewing relevant\\ninformation for each case in the state or the city of New York, as the\\ncase may be, and consulting with experts as needed to evaluate the\\ninformation for each death; and shall provide such findings and\\nrecommendations, including best practices and strategies for reducing\\nthe risk of maternal mortality and morbidity, to the advisory council;\\nprovided that material provided to the advisory council shall not\\ninclude any information that would be confidential under this section;\\n (b) shall develop recommendations to the commissioner, and in the case\\nof the city board to the commissioner and the city commissioner for\\nareas of focus, including issues of severe maternal morbidity and issues\\nof racial, economic or other disparities in maternal outcomes;\\n (c) may, in addition to the findings and recommendations made under\\nthis subdivision, and consistent with all applicable confidentiality\\nprotections, bring any particular matter to the attention of the\\ncommissioner or the city commissioner, and in the case of the city board\\nto the commissioner and the city commissioner;\\n (d) shall issue a report on its findings and recommendations every two\\nyears, and may also issue reports more frequently. The reports shall be\\npublic documents; and\\n (e) may request and shall receive the assistance of the commissioner\\nin the instance of the state board and the city commissioner in the\\ninstance of the city board in carrying out its functions.\\n 6. The commissioner and the city commissioner and the state and city\\nboards shall each keep confidential any information collected or\\nreceived under this section that includes personal identifying\\ninformation of the woman, health care practitioner or practitioners or\\nanyone else individually named in such information, as well as the\\nhospital or facility that treated the woman, and any other information\\nsuch as geographic location that may inadvertently identify the woman,\\npractitioner or facility, and shall use the information provided or\\nreceived under this section solely for the purposes of improvement of\\nthe quality of health care of women and to prevent maternal mortality\\nand morbidity. This subdivision shall not preclude the transmitting of\\ninformation to the board that is reasonably necessary to enable the\\nboard to perform an appropriate review under this section. All records\\nreceived, meetings conducted, reports, except those reports required to\\nbe issued by the board by this section, and records made and maintained\\nand all books and papers obtained by the board shall be confidential and\\nshall not be made open or available, including under article six of the\\npublic officers law, and shall be limited to board members as well as\\nthose authorized by the commissioner or city commissioner. Such\\ninformation shall not be discoverable or admissible as evidence in any\\naction in any court or before any other tribunal, board, agency or\\nperson.\\n 7. The commissioner and the city commissioner, within their respective\\nlegal authority, may use the recommendations and findings of the boards\\nto develop guidance and other actions relating to best practices, and\\nshall disseminate information relating to that guidance and other\\nactions to appropriate health care providers.\\n 8. (a) There is hereby established in the department an advisory\\ncouncil on maternal mortality and morbidity.\\n (b) The advisory council:\\n (i) may review the findings of the boards;\\n (ii) may develop recommendations on policies, best practices, and\\nstrategies to prevent maternal mortality and morbidity;\\n (iii) may hold public hearings on those matters;\\n (iv) may make findings and issue reports, including an annual report,\\non such matters; and\\n (v) may request and shall receive the assistance of the commissioner,\\nthe city commissioner, and the boards in carrying out its functions.\\n (c) The advisory council shall consist of at least twenty members to\\nbe determined by the commissioner. The commissioner shall appoint the\\nmembers of the council, at least ten of whom shall be on the\\nrecommendation of the city commissioner. The commissioner shall appoint\\nthe chair of the council.\\n (d) The members of the council shall be comprised of multidisciplinary\\nexperts and lay persons knowledgeable in the field of maternal\\nmortality, women's health and public health and shall include members\\nwho serve and are representative of the racial, ethnic, and\\nsocioeconomic diversity of the women and mothers of the state, and to\\nthe extent possible, the medically underserved areas of the state or\\nareas of the state with disproportionately high occurrences of maternal\\nmortality or morbidity.\\n (e) The terms of the council members shall be three years. The\\ncommissioner may choose to reappoint council members to additional\\nthree-year terms. Vacancies on the council shall be filled by\\nappointment by the commissioner, consistent with paragraph (c) of this\\nsubdivision. A majority of the appointed membership of the council shall\\nconstitute a quorum. When any member of the council fails to attend\\nthree consecutive regular meetings, unless such absence is for good\\ncause, that membership may be deemed vacant for purposes of the\\nappointment of a successor.\\n (f) Meetings of the council shall be held at least twice a year.\\n (g) Members of the council shall be indemnified under section\\nseventeen of the public officers law. Members of the council shall not\\nbe compensated for their participation on the council but shall receive\\nreimbursement for their ordinary and necessary expenses of\\nparticipation. Membership on the council shall not disqualify any person\\nfrom holding any public office or employment.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 25 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A25T1-A", "title" : "Child Health Insurance Plan", "docType" : "TITLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1-A", "activeDate" : "2014-09-22", "sequenceNo" : 824, "repealedDate" : null, "fromSection" : "2510", "toSection" : "2511", "text" : " TITLE I-A\\n CHILD HEALTH INSURANCE PLAN\\nSection 2510. Definitions.\\n 2511. Child health insurance plan.\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2510", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2017-04-28", "2019-07-12", "2021-07-02", "2021-10-15", "2022-04-22", "2023-01-06", "2023-07-07", "2024-05-03", "2025-01-03", "2026-01-30", "2026-06-05" ], "docLevelId" : "2510", "activeDate" : "2019-07-12", "sequenceNo" : 825, "repealedDate" : null, "fromSection" : "2510", "toSection" : "2510", "text" : " § 2510. Definitions. For the purpose of this title, unless the context\\nclearly requires otherwise:\\n 1. \"Applicant\" means an eligible organization which submits a proposal\\nunder subdivision six of section two thousand five hundred eleven of\\nthis title.\\n 1-a. \"Applicant for insurance\" means the person or persons applying\\nfor insurance coverage for a child pursuant to this title.\\n 2. \"Approved organization\" means an eligible organization approved by\\nthe commissioner under subdivision seven of section two thousand five\\nhundred eleven of this title to underwrite a child health insurance plan\\nand an organization approved by the commissioner under subdivision\\nseven-a of section two thousand five hundred eleven of this title.\\n 3. \"Eligible organization\" means:\\n (a) a commercial insurer;\\n (b) a corporation or health maintenance organization licensed under\\narticle forty-three of the insurance law;\\n (c) a health maintenance organization certified under article\\nforty-four of this chapter; or\\n (d) a comprehensive health services plan operating pursuant to\\nregulations of the department of social services or the department of\\nhealth.\\n 4. \"Eligible child\" or \"eligible children\" means a person or persons\\nunder the age of thirteen years for the period January first, nineteen\\nhundred ninety-one through December thirty-first, nineteen hundred\\nninety-three; born on or after June first, nineteen hundred eighty and\\nunder the age of sixteen for a period commencing on or after January\\nfirst, nineteen hundred ninety-four through December thirty-first,\\nnineteen hundred ninety-six; and for a person or persons enrolled in the\\nprogram on the day before they are sixteen years of age, under the age\\nof seventeen for a period commencing on or after June first, nineteen\\nhundred ninety-five through December thirty-first, nineteen hundred\\nninety-six; and under the age of nineteen for periods commencing on or\\nafter January first, nineteen hundred ninety-seven, who meets or meet\\nthe criteria in section two thousand five hundred eleven of this title.\\n 5. \"Child health insurance plan\" means the written undertaking of an\\napproved organization to provide coverage for covered health care\\nservices to eligible children under this title.\\n 6. \"Period of eligibility\" means that period commencing on the first\\nday of the month during which a child is an eligible child and enrolled\\nor recertified for enrollment on an annual basis based on all required\\ninformation and documentation and ending on the last day of the twelfth\\nmonth following such date, provided, however:\\n (a) the period of eligibility for a child who ceases to be eligible\\nbecause he or she no longer resides in New York state or has access to\\nor obtained other health insurance coverage, as defined by the\\ncommissioner in consultation with the superintendent pursuant to\\nparagraph (c) of subdivision two of section twenty-five hundred eleven\\nof this article, shall end the last day of the month in which the child\\nceases to be an eligible child; and\\n (b) the period of eligibility for a child who becomes eligible for\\nmedical assistance shall end the last day of the third month after the\\nchild becomes eligible for medical assistance; and\\n (c) the period of eligibility for a child for whom an applicable\\npremium payment has not been paid shall end in accordance with time\\nframes and procedures determined by the commissioner.\\n 7. \"Covered health care services\" means: the services of physicians,\\noptometrists, nurses, nurse practitioners, midwives and other related\\nprofessional personnel which are provided on an outpatient basis,\\nincluding routine well-child visits; diagnosis and treatment of illness\\nand injury; inpatient health care services; laboratory tests; diagnostic\\nx-rays; prescription and non-prescription drugs and durable medical\\nequipment; radiation therapy; chemotherapy; hemodialysis; outpatient\\nblood clotting factor products and other treatments and services\\nfurnished in connection with the care of hemophilia and other blood\\nclotting protein deficiencies; emergency room services; hospice\\nservices; emergency, preventive and routine dental care, including\\nmedically necessary orthodontia but excluding cosmetic surgery;\\nemergency, preventive and routine vision care, including eyeglasses;\\nspeech and hearing services; and, inpatient and outpatient mental\\nhealth, alcohol and substance abuse services as defined by the\\ncommissioner in consultation with the superintendent. \"Covered health\\ncare services\" shall not include drugs, procedures and supplies for the\\ntreatment of erectile dysfunction when provided to, or prescribed for\\nuse by, a person who is required to register as a sex offender pursuant\\nto article six-C of the correction law, provided that any denial of\\ncoverage of such drugs, procedures or supplies shall provide the patient\\nwith the means of obtaining additional information concerning both the\\ndenial and the means of challenging such denial.\\n 8. \"Subsidy payment\" means a payment made to an approved organization\\nfor the cost of covered health care services coverage to an eligible\\nchild or children.\\n 9. \"Premium payment\" means: a payment made on behalf of an eligible\\nchild for enrollment in the child health insurance plan equal to:\\n (a) for periods prior to October first, nineteen hundred ninety-seven,\\ntwenty-five dollars per year for each child, but no more than one\\nhundred dollars per year per family; and\\n (b) for periods on or after October first, nineteen hundred\\nninety-seven, amounts as follows:\\n (i) no payments are required for eligible children whose family net\\nhousehold income is less than one hundred twenty-six percent of the\\nnon-farm federal poverty level or the gross equivalent of such net\\nincome;\\n (ii) nine dollars per month for each eligible child whose family net\\nhousehold income is between one hundred twenty-six percent and one\\nhundred thirty-two percent of the non-farm federal poverty level or the\\ngross equivalent of such net income, but no more than thirty-six dollars\\nper month per family; and\\n (iii) thirteen dollars per month for each eligible child whose family\\nnet household income is between one hundred thirty-three percent and one\\nhundred eighty-five percent of the non-farm federal poverty level or the\\ngross equivalent of such net income, but no more than fifty-two dollars\\nper month per family.\\n (c) for periods on or after January first, nineteen hundred\\nninety-nine, amounts as follows:\\n (i) no payments are required for eligible children whose family net\\nhousehold income is less than one hundred thirty-three percent of the\\nnon-farm federal poverty level or the gross equivalent of such net\\nincome and, effective August first, two thousand, no payments are\\nrequired for eligible children who are American Indians or Alaskan\\nNatives, as defined by the U.S. Department of Health and Human Services;\\nand\\n (ii) nine dollars per month for each eligible child whose family net\\nhousehold income is between one hundred thirty-three percent and one\\nhundred eighty-five percent of the non-farm federal poverty level or the\\ngross equivalent of such net income, but no more than twenty-seven\\ndollars per month per family; and\\n *(iii) fifteen dollars per month for each eligible child whose family\\nnet household income is between one hundred eighty-six percent and one\\nhundred ninety-two percent of the non-farm federal poverty level or the\\ngross equivalent of such net income, but no more than forty-five dollars\\nper month per family, and, effective July first, two thousand, fifteen\\ndollars per month for each eligible child whose family net household\\nincome is between one hundred eighty-six percent and two hundred eight\\npercent of the non-farm federal poverty level or the gross equivalent of\\nsuch net income, but no more than forty-five dollars per month per\\nfamily; and\\n * NB Expires July 1, 2021\\n (iv) effective September first, two thousand eight, twenty dollars per\\nmonth for each eligible child whose family gross household income is\\nbetween two hundred fifty-one percent and three hundred percent of the\\nnon-farm federal poverty level, but no more than sixty dollars per month\\nper family;\\n (v) effective September first, two thousand eight, thirty dollars per\\nmonth for each eligible child whose family gross household income is\\nbetween three hundred one percent and three hundred fifty percent of the\\nnon-farm federal poverty level, but no more than ninety dollars per\\nmonth per family; and\\n (vi) effective September first, two thousand eight, forty dollars per\\nmonth for each eligible child whose family gross household income is\\nbetween three hundred fifty-one percent and four hundred percent of the\\nnon-farm federal poverty level, but no more than one hundred twenty\\ndollars per month per family.\\n (d) for periods on or after July first, two thousand nine, amounts as\\nfollows:\\n (i) no payments are required for eligible children whose family\\nhousehold income is less than one hundred sixty percent of the non-farm\\nfederal poverty level and for eligible children who are American Indians\\nor Alaskan Natives, as defined by the U.S. Department of Health and\\nHuman Services, whose family household income is less than two hundred\\nfifty-one percent of the non-farm federal poverty level; and\\n (ii) nine dollars per month for each eligible child whose family\\nhousehold income is between one hundred sixty percent and two hundred\\ntwenty-two percent of the non-farm federal poverty level, but no more\\nthan twenty-seven dollars per month per family; and\\n (iii) fifteen dollars per month for each eligible child whose family\\nhousehold income is between two hundred twenty-three percent and two\\nhundred fifty percent of the non-farm federal poverty level, but no more\\nthan forty-five dollars per month per family; and\\n (iv) thirty dollars per month for each eligible child whose family\\nhousehold income is between two hundred fifty-one percent and three\\nhundred percent of the non-farm federal poverty level, but no more than\\nninety dollars per month per family;\\n (v) forty-five dollars per month for each eligible child whose family\\nhousehold income is between three hundred one percent and three hundred\\nfifty percent of the non-farm federal poverty level, but no more than\\none hundred thirty-five dollars per month per family; and\\n (vi) sixty dollars per month for each eligible child whose family\\nhousehold income is between three hundred fifty-one percent and four\\nhundred percent of the non-farm federal poverty level, but no more than\\none hundred eighty dollars per month per family.\\n 10. \"Superintendent\" means the superintendent of financial services.\\n 11. \"Inpatient health care services\" means: inpatient hospital\\nservices provided by a general hospital, as defined in article\\ntwenty-eight of this chapter, a facility operated by the office of\\nmental health under section 7.17 of the mental hygiene law, a facility\\nissued an operating certificate pursuant to the provisions of article\\ntwenty-three or thirty-one of the mental hygiene law and services\\nprovided by physicians and other professional personnel on an inpatient\\nbasis for covered inpatient services; as defined by the commissioner in\\nconsultation with the superintendent.\\n 12. \"Group health plan\" or \"health insurance coverage\" shall have the\\nsame meanings as set forth in section twenty-one hundred ten of the\\nfederal social security act.\\n 13. \"Household income\" means the sum of the modified adjusted gross\\nincome of every individual included in a child's household calculated in\\naccordance with applicable federal law and regulations, as may be\\namended.\\n 14. \"State enrollment center\" means the centralized system and\\noperation of eligibility determinations by the state or its contractor\\nfor all insurance affordability programs, including the child health\\ninsurance program established pursuant to this title.\\n 15. \"Insurance affordability programs\" means those programs set forth\\nin section 435.4 of title 42 of the code of federal regulations.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2511", "title" : "Child health insurance plan 1", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-01-23", "2015-05-01", "2015-12-25", "2016-04-15", "2016-11-11", "2017-04-28", "2017-08-04", "2018-04-27", "2019-07-12", "2020-04-17", "2021-07-02", "2022-04-22", "2023-01-06", "2023-07-07" ], "docLevelId" : "2511", "activeDate" : "2019-07-12", "sequenceNo" : 826, "repealedDate" : null, "fromSection" : "2511", "toSection" : "2511", "text" : " § 2511. Child health insurance plan 1. (a) The commissioner, in\\nconsultation with the superintendent, shall establish a program to the\\nextent of funds available therefor through contractual arrangements with\\napproved organizations to provide covered health care services coverage\\nfor eligible children. The availability of coverage for primary and\\npreventive health care services and inpatient health care services\\ncoverage shall be continued pending approval of contractual arrangements\\nthat include covered health care services coverage and implementation of\\nsuch coverage to the extent of funds available therefor.\\n (b) Coverage for covered health care services shall not be effective\\nuntil such time as contractual arrangements are executed pursuant to\\nthis section for such purposes and an eligible child is enrolled in the\\nprogram.\\n 2. In order to be eligible for a subsidy payment pursuant to\\nsubdivision three of this section, a child shall meet the following\\ncriteria:\\n (a) (i) effective January first, nineteen hundred ninety-nine, resides\\nin a household having a net household income at or below one hundred\\nninety-two percent of the non-farm federal poverty level (as defined and\\nupdated by the United States department of health and human services) or\\nthe gross equivalent of such net income; and\\n (ii) effective July first, two thousand, resides in a household having\\na gross household income at or below two hundred fifty percent of the\\nnon-farm federal poverty level (as defined and updated by the United\\nStates department of health and human services); and\\n (iii) effective September first, two thousand eight, resides in a\\nhousehold having a household income at or below four hundred percent of\\nthe non-farm federal poverty level (as defined and updated by the United\\nStates department of health and human services);\\n (b) is not eligible for medical assistance, except that a child who\\nbecomes eligible for medical assistance after becoming an eligible child\\nunder this title, may be eligible for a subsidy payment pursuant to\\nsubdivision three of this section as medical assistance for a period up\\nto three months after becoming eligible for medical assistance; and\\n (c) does not have health care coverage under insurance, as defined by\\nthe commissioner, in consultation with the superintendent. The applicant\\nfor insurance shall attest to the source and nature of the child's\\nhealth care coverage under this paragraph, if any; and\\n * (e) is a resident of New York state. Such residency shall be\\ndemonstrated by adequate proof, as determined by the commissioner, of a\\nNew York state street address. If the child has no street address, such\\nproof may include, but not be limited to, school records or other\\ndocumentation determined by the commissioner.\\n * NB Effective until January 1, 2014 or a later date to be determined\\nby the commisioner of health (see chapter 56 of 2013 Part D § 76 sb h)\\n * (e) is a resident of New York state. Such residency shall be\\nattested to by the applicant for insurance, provided however, the\\ncommissioner shall require adequate proof of a New York state street\\naddress in circumstances when there is an inconsistency with residency\\ninformation from other data sources.\\n * NB Effective January 1, 2014 or a later date to be determined by the\\ncommissioner of health (see chapter 56 of 2013 Pt. D § 76 sub h)\\n (f) * (i) In order to establish income eligibility under this\\nsubdivision at initial application, a household shall provide such\\ndocumentation specified in subparagraph (iii) of this paragraph, as\\nnecessary and sufficient to determine a child's financial eligibility\\nfor a subsidy payment under this title. The commissioner may verify the\\naccuracy of such income information provided by the household by\\nmatching it against income information contained in databases to which\\nthe commissioner has access, including the state's wage reporting system\\npursuant to subdivision five of section one hundred seventy-one-a of the\\ntax law and by means of an income verification performed pursuant to a\\ncooperative agreement with the department of taxation and finance\\npursuant to subdivision four of section one hundred seventy-one-b of the\\ntax law.\\n * NB Effective until January 1, 2014 or a later date to be determined\\nby the commisioner of health (see chapter 56 of 2013 Part D § 76 sb h)\\n * (i) In order to establish income eligibility under this subdivision\\nat initial application, a household shall provide the social security\\nnumbers for each parent and legally responsible adult who is a member of\\nthe household, subject to subparagraph (v) of this paragraph. The\\ncommissioner shall determine eligibility based on income information\\ncontained in databases to which the commissioner has access, including\\nthe state's wage reporting system pursuant to subdivision five of\\nsection one hundred seventy-one-a of the tax law and by means of an\\nincome verification performed pursuant to a cooperative agreement with\\nthe department of taxation and finance pursuant to subdivision four of\\nsection one hundred seventy-one-b of the tax law. The commissioner shall\\nrequire an attestation by the household that the income information\\nobtained from electronic data sources is accurate. Such attestation\\nshall include any other household income information not obtained from\\nan electronic data source that is necessary to determine a child's\\nfinancial eligibility for a subsidy payment under this title. If the\\nattestation is reasonably compatible with information obtained from\\navailable data sources, no further information or documentation is\\nrequired. If the attestation is not reasonably compatible with\\ninformation obtained from available data sources, documentation shall be\\nrequired as specified in subparagraph (iii) of this paragraph.\\n * NB Effective January 1, 2014 or a later date to be determined by the\\ncommissioner of health (see chapter 56 of 2013 Pt. D § 76 sub h)\\n (ii) In order to establish income eligibility under this subdivision\\nat recertification, the commissioner may make a redetermination of\\neligibility without requiring information from the individual if able to\\ndo so based on reliable information contained in the individual's\\nenrollment file or other more current information contained in databases\\nto which the commissioner has access, including the state's wage\\nreporting system and by means of an income verification performed\\npursuant to a cooperative agreement with the department of taxation and\\nfinance pursuant to subdivision four of section one hundred\\nseventy-one-b of the tax law. The commissioner shall require an\\nattestation by the household that the income information contained in\\nthe enrollment file or obtained from electronic data sources is\\naccurate. Such attestation shall include any other household income\\ninformation not obtained from an electronic data source that is\\nnecessary to redetermine a child's financial eligibility for a subsidy\\npayment under this title. In the event that there is an inconsistency\\nbetween the income information attested to by the household and any\\ninformation obtained by the commissioner from other sources pursuant to\\nthis subparagraph, and such inconsistency is material to the household's\\neligibility for a subsidy payment under this title, the commissioner\\nshall require the household to provide income documentation as specified\\nin subparagraph (iii) of this paragraph.\\n * (iii) Income documentation shall include, but not be limited to, one\\nor more of the following for each parent and legally responsible adult\\nwho is a member of the household and whose income is available to the\\nchild;\\n (A) current annual income tax returns;\\n (B) paycheck stubs;\\n (C) written documentation of income from all employers; or\\n (D) written documentation of income eligibility of a child for free or\\nreduced breakfast or lunch through the school meal program certified by\\nthe child's school, provided that:\\n (I) the commissioner may verify the accuracy of the information\\nprovided in the same manner and way as provided for in subparagraph (ii)\\nof this paragraph; and\\n (II) such documentation may not be suitable proof of income in the\\nevent of a material inconsistency in income after the commissioner has\\nperformed verification pursuant to subparagraph (ii) of this paragraph;\\nor\\n (E) other documentation of income (earned or unearned) as determined\\nby the commissioner, provided, however, such documentation shall set\\nforth the source of such income.\\n * NB Effective until January 1, 2014 or a later date to be determined\\nby the commisioner of health (see chapter 56 of 2013 Part D § 76 sb h)\\n * (iii) If the attestation of household income required by\\nsubparagraphs (i) and (ii) of this paragraph is not reasonably\\ncompatible with information obtained from data sources, further\\ninformation, including documentation, shall be required. Income\\ndocumentation shall include, but not be limited to, one or more of the\\nfollowing for each parent and legally responsible adult who is a member\\nof the household and whose income is available to the child;\\n (A) current annual income tax returns;\\n (B) paycheck stubs;\\n (C) written documentation of income from all employers; or\\n (D) written documentation of income eligibility of a child for free or\\nreduced breakfast or lunch through the school meal program certified by\\nthe child's school, provided that:\\n (I) the commissioner may verify the accuracy of the information\\nprovided in the same manner and way as provided for in subparagraph (ii)\\nof this paragraph; and\\n (II) such documentation may not be suitable proof of income in the\\nevent of a material inconsistency in income after the commissioner has\\nperformed verification pursuant to subparagraph (ii) of this paragraph;\\nor\\n (E) other documentation of income (earned or unearned) as determined\\nby the commissioner, provided, however, such documentation shall set\\nforth the source of such income.\\n * NB Effective January 1, 2014 or a later date to be determined by the\\ncommissioner of health (see chapter 56 of 2013 Pt. D § 76 sub h)\\n * (iv) In the event a household does not provide income documentation\\nrequired by subparagraph (iii) of this paragraph within two months of\\nthe approved organization's request, the approved organization shall\\ndisenroll the child at the end of such two month period. Except as\\nprovided in paragraph (c) of subdivision five-a of this section,\\napproved organizations shall not be obligated to repay subsidy payments\\nmade by the state on behalf of children enrolled during this two month\\nperiod.\\n * NB Effective until January 1, 2014 or a later date to be determined\\nby the commisioner of health (see chapter 56 of 2013 Part D § 76 sb h)\\n * (iv) In the event a household does not provide income documentation\\nrequired by subparagraph (iii) of this paragraph within two months of\\nthe approved organization's or state enrollment center's request,\\nwhichever is applicable, the approved organization or state enrollment\\ncenter shall disenroll the child at the end of such two month period.\\nExcept as provided in paragraph (c) of subdivision five-a of this\\nsection, approved organizations shall not be obligated to repay subsidy\\npayments made by the state on behalf of children enrolled during this\\ntwo month period.\\n * NB Effective January 1, 2014 or a later date to be determined by the\\ncommissioner of health (see chapter 56 of 2013 Pt. D § 76 sub h)\\n * (v) In the event a household chooses not to provide the social\\nsecurity numbers required by subparagraph (ii) of this paragraph, such\\nhousehold shall provide income documentation specified in subparagraph\\n(iii) of this paragraph as a condition of the child's enrollment.\\nNothing in this paragraph shall be construed as obligating a household\\nto provide social security numbers of parents or legally responsible\\nadults as a condition of a child's enrollment or eligibility for a\\nsubsidy payment under this title.\\n * NB Effective until January 1, 2014 or a later date to be determined\\nby the commisioner of health (see chapter 56 of 2013 Part D § 76 sb h)\\n * (v) In the event a household chooses not to provide the social\\nsecurity numbers required by subparagraphs (i) and (ii) of this\\nparagraph, such household shall provide income documentation specified\\nin subparagraph (iii) of this paragraph as a condition of the child's\\nenrollment. Nothing in this paragraph shall be construed as obligating a\\nhousehold to provide social security numbers of parents or legally\\nresponsible adults as a condition of a child's enrollment or eligibility\\nfor a subsidy payment under this title.\\n * NB Effective January 1, 2014 or a later date to be determined by the\\ncommissioner of health (see chapter 56 of 2013 Pt. D § 76 sub h)\\n * (vi) Any income verification response by the department of taxation\\nand finance pursuant to subparagraphs (i) and (ii) of this paragraph\\nshall not be a public record and shall not be released by the\\ncommissioner, the department of taxation and finance or an approved\\norganization except pursuant to this paragraph. Information disclosed\\npursuant to this paragraph shall be limited to information necessary for\\nverification. Information so disclosed shall be kept confidential by the\\nparty receiving such information. Such information shall be expunged\\nwithin a reasonable time to be determined by the commissioner and the\\ndepartment of taxation and finance.\\n * NB Effective until January 1, 2014 or a later date to be determined\\nby the commisioner of health (see chapter 56 of 2013 Part D § 76 sb h)\\n * (vi) Any income verification response by the department of taxation\\nand finance pursuant to subparagraphs (i) and (ii) of this paragraph\\nshall not be a public record and shall not be released by the\\ncommissioner, the department of taxation and finance, an approved\\norganization, or the state enrollment center, except pursuant to this\\nparagraph. Information disclosed pursuant to this paragraph shall be\\nlimited to information necessary for verification. Information so\\ndisclosed shall be kept confidential by the party receiving such\\ninformation. Such information shall be expunged within a reasonable time\\nto be determined by the commissioner and the department of taxation and\\nfinance.\\n * NB Effective January 1, 2014 or a later date to be determined by the\\ncommissioner of health (see chapter 56 of 2013 Pt. D § 76 sub h)\\n * (g) (i) Notwithstanding any inconsistent provision of law to the\\ncontrary and subject to the availability of federal financial\\nparticipation under title XIX of the federal social security act, a\\nchild under the age of nineteen shall be presumed to be eligible for\\nsubsidy payments and temporarily enrolled for coverage under this title,\\nonce during a twelve month period, beginning on the first day of the\\nenrollment period following the date that an approved organization\\ndetermines, on the basis of preliminary information, that a child's net\\nhousehold income does not exceed the income level specified in title\\neleven of article five of the social services law for children eligible\\nfor medical assistance based on such child's age. The temporary\\nenrollment period shall continue until the earlier of the date an\\neligibility determination is made pursuant to this title or title eleven\\nof article five of the social services law, or two months after the date\\ntemporary enrollment begins; provided however, a temporary enrollment\\nperiod may be extended in the event an eligibility determination under\\nthis title or title eleven of article five of the social services law is\\nnot made within such two month period through no fault of the applicant\\nfor insurance for medical assistance. The commissioner shall assure that\\nchildren who are enrolled pursuant to this paragraph receive the\\nappropriate follow-up for a determination of eligibility for benefits\\nunder this title or title eleven of article five of the social services\\nlaw prior to the termination of the temporary enrollment period. The\\ncommissioner shall assure that children and their families are informed\\nof all available enrollment sites in accordance with subdivision nine of\\nthis section.\\n (ii) Effective September first two thousand seven, through March\\nthirty-first, two thousand fourteen temporary enrollment pursuant to\\nsubparagraph (i) of this paragraph shall be provided only to children\\nwho apply for recertification of coverage under this title who appear to\\nbe eligible for medical assistance under title eleven of article five of\\nthe social services law.\\n * NB Expires July 1, 2021\\n * (h) The commissioner may, in consultation with the superintendent,\\npromulgate rules and regulations necessary to prevent fraud and abuse in\\neligibility determinations made by approved organizations pursuant to\\nthis subdivision.\\n * NB Expires July 1, 2021\\n (i) Notwithstanding any inconsistent provision of law, rule or\\nregulation:\\n (i) A newborn child who meets the eligibility criteria set forth in\\nthis subdivision or subdivision five of this section, as determined by\\nan approved organization or the health insurance exchange marketplace,\\nwhichever is applicable, shall be enrolled retroactively to the first\\nday of the month in which the child is born, provided that the applicant\\nfor insurance submits a completed and signed application and required\\ninformation and documentation within sixty days of the child's birth.\\n (ii) A newborn child shall be presumed eligible for subsidy payments\\nunder this subdivision or eligible for coverage under subdivision five\\nof this section, provided that the applicant for insurance submits a\\ncompleted and signed application within sixty days of the child's birth.\\nOnce eligibility is determined by the approved organization or the\\nhealth insurance exchange marketplace, whichever is applicable, on the\\nbasis of preliminary information, the child shall be enrolled\\nretroactively to the first day of the month in which the child is born.\\nAll other procedures and standards regarding presumptive enrollment\\napplicable to eligible children enrolled under this title and specified\\nin state contracts with approved organizations or implemented by the\\nhealth insurance exchange marketplace, whichever is applicable, shall\\napply to presumptive enrollment of newborn children.\\n (j) Where an application for recertification of coverage under this\\ntitle contains insufficient information for a final determination of\\neligibility for continued coverage, a child shall be presumed eligible\\nfor a period not to exceed the earlier of two months beyond the\\npreceding period of eligibility or the date upon which a final\\ndetermination of eligibility is made based on the submission of\\nadditional data. In the event such additional information is not\\nsubmitted within two months of the approved organization's or state\\nenrollment center's request, whichever is applicable, the approved\\norganization or state enrollment center shall disenroll the child\\nfollowing the expiration of such two month period. Except as provided in\\nparagraph (c) of subdivision five-a of this section, approved\\norganizations shall not be obligated to repay subsidy payments received\\non behalf of children enrolled during this two month period.\\n 2-a. (a) An approved organization that has reasonable cause to believe\\nthat an applicant for insurance, parent or legally responsible adult has\\nprovided false income information may submit tax returns and any other\\navailable income information, including, if not prohibited by federal\\nlaw for purposes of income verification, social security account\\nnumbers, to the department as may be necessary to determine income\\neligibility. The department shall promptly furnish to the department of\\ntaxation and finance, pursuant to the agreements authorized by\\nsubdivision five of section one hundred seventy-one-a and subdivision\\nfour of section one hundred seventy-one-b of the tax law, the names,\\naddress and social security account numbers, if available, of the\\nparents and legally responsible adults who are members of the household,\\ntogether with a request that the department of taxation and finance,\\npursuant to those agreements, promptly ascertain insofar as is possible,\\nand from the most recent available data, whether the collective income\\nreported by those individuals exceeds the income eligibility level for\\nthat household, as determined by the department in compliance with\\nparagraph (a) of subdivision two of this section. The department, in\\nconsultation with the department of taxation and finance, shall\\nestablish a methodology for comparing numerical equivalents. In\\nascertaining whether a household's income exceeds the income eligibility\\nthreshold transmitted by the department, the department of taxation and\\nfinance shall also examine information available pursuant to section one\\nhundred seventy-one-a of the tax law where any of the named individuals\\nhave failed to file a New York state income tax return for the most\\nrecent filing year or where there is an indication, from the department\\nor otherwise, that the individual's income may have changed. Reliance on\\nsuch section one hundred seventy-one-a information shall be specially\\nindicated in the department of taxation and finance's response. This\\nprovision shall not be construed to authorize the department of taxation\\nand finance to disclose any figure on any personal income tax return.\\nThe department shall promptly inform the approved organization of the\\nresponse from the department of taxation and finance. Submission of\\nincome information for verification shall not delay the application of\\nany other provision of this section to an applicant for insurance or an\\nenrolled child.\\n (b) Before an approved organization submits income information to the\\ndepartment for verification with the department of taxation and finance,\\nit shall:\\n (i) provide the applicant for insurance with notification of its\\nintent to seek such verification;\\n (ii) notify the applicant for insurance of the confidentiality and\\nexpungement provisions contained in paragraph (c) of this subdivision;\\nand\\n (iii) provide the applicant for insurance with the opportunity to\\nreview and modify the income information.\\n (c) Such income information and verification response by the\\ndepartment of taxation and finance shall not be a public record and\\nshall not be released by the department, the department of taxation and\\nfinance or the approved organization except pursuant to this\\nsubdivision. Information disclosed pursuant to this section shall be\\nlimited to information necessary for verification. Information so\\ndisclosed shall be kept confidential by the party receiving such\\ninformation. Such income information shall be expunged within a\\nreasonable time to be determined by the department and the department of\\ntaxation and finance.\\n 2-b. (a) For purposes of claiming federal financial participation\\nunder paragraph nine of subsection (c) of section twenty-one hundred\\nfive of the federal social security act, a household shall provide:\\n (i) the social security number for the applicant to be verified by the\\ncommissioner in accordance with a process established by the social\\nsecurity administration pursuant to federal law, or\\n (ii) documentation of citizenship and identity of the applicant\\nconsistent with requirements under the medical assistance program, as\\nspecified by the commissioner on the initial application.\\n (b) Pending receipt of the information required by subparagraph (i) of\\nparagraph (a) of this subdivision, an initial application shall continue\\nto be processed by an approved organization or enrollment facilitator\\nand a child shall be presumptively enrolled in the program in accordance\\nwith procedures and timeframes currently specified in contracts.\\n 2-c. Express lane eligibility. (a) Notwithstanding any inconsistent\\nprovision of law, rule or regulation, the commissioner is authorized to\\n(i) establish standards and procedures for express lane enrollment and\\nrenewal implemented in accordance with section 2107(e)(1)(B) of the\\nfederal social security act, including but not limited to reliance on a\\nfinding made by an express lane agency, as defined in section\\n1902(e)(13)(F) of the federal social security act, to determine whether\\na child meets one or more of the eligibility criteria set forth in\\nsubdivision two of this section; (ii) specify such standards and\\nprocedures in the state child health plan established under title XXI of\\nthe federal social security act and applicable contracts with approved\\norganizations and enrollment facilitators; and (iii) waive any\\ninformation and documentation requirements set forth in this section\\nnecessary to implement express lane eligibility pursuant to standards\\nand procedures established under subparagraphs (i) and (ii) of this\\nparagraph; provided, however, that information and documentation\\nrequired pursuant to subdivision two-b of this section may not be\\nwaived.\\n (b) Subject to federal approval, such standards and procedures shall\\nspecify that information and documentation regarding citizenship and\\nimmigration status collected by an express lane agency and provided to\\nthe commissioner for the purpose of express lane eligibility may be used\\nto satisfy the requirements of subdivision two-b of this section.\\n (c) Such standards and procedures shall also include a process for\\ndetermining enrollment error rates and implementing corrective actions\\nas required by section 1902(e)(13)(E) of the federal social security\\nact.\\n 3. Subsidy payments shall be made, pursuant to subdivision eight of\\nthis section, to approved organizations for the purposes of subsidizing\\nthe entire cost of coverage for eligible children meeting the criteria\\nof subdivision two of this section. Notwithstanding any inconsistent\\nprovision of this subdivision, the total annual aggregate cost-sharing\\nwith respect to all eligible children in a family under this section\\nshall not exceed amounts provided pursuant to applicable federal law. In\\norder to be eligible for a subsidy payment pursuant to this subdivision\\na premium payment shall be paid for an eligible child in accordance with\\nthe provisions of subdivision nine of section twenty-five hundred ten of\\nthis title. Nothing herein shall preclude payment of the premium on\\nbehalf of an eligible child on a monthly, quarterly, semi-annual or\\nannual basis.\\n 4. Households shall report to the approved organization or state\\nenrollment center, whichever is applicable, within thirty days, any\\nchanges in New York state residency or health care coverage under\\ninsurance that may make a child ineligible for subsidy payments pursuant\\nto this section. Any individual who, with the intent to obtain benefits,\\nwillfully misstates income or residence to establish eligibility\\npursuant to subdivision two of this section or willfully fails to notify\\nan approved organization or state enrollment center of a change in\\nresidence or health care coverage pursuant to this subdivision shall\\nrepay such subsidy to the commissioner. Individuals seeking to enroll\\nchildren for coverage shall be informed that such willful misstatement\\nor failure to notify shall result in such liability.\\n 4-a. Any individual who, with the intent to obtain benefits, willfully\\nmisstates income or residence to establish eligibility pursuant to\\nsubdivision two of this section or willfully fails to notify an approved\\norganization of an increase in income or change in residence pursuant to\\nsubdivision two of this section shall repay such subsidy to the\\ncommissioner. Individuals seeking to enroll children for coverage shall\\nbe informed that such willful misstatement or failure to notify shall\\nresult in such liability.\\n 5. Notwithstanding any inconsistent provisions of subdivision two of\\nthis section, an individual who meets the criteria of paragraphs (b) and\\n(c) of subdivision two of this section but not the criteria of paragraph\\n(a) of such subdivision may be enrolled for covered health care\\nservices, provided however, that an approved organization shall not be\\neligible to receive a subsidy payment for providing coverage to such\\nindividuals. The cost of coverage shall be determined by the\\ncommissioner, in consultation with the superintendent and shall be no\\nmore than the cost of providing such coverage.\\n 5-a. Obligations of approved organizations or the state enrollment\\ncenter. (a) An approved organization or state enrollment center,\\nwhichever is applicable, shall have the obligation to review all\\ninformation provided pursuant to subdivision two of this section and\\nshall not certify or recertify a child as eligible for a subsidy payment\\nunless the child meets the eligibility criteria.\\n (b) An approved organization or state enrollment center, whichever is\\napplicable, shall promptly review all information relating to a\\npotential change in eligibility based on information provided pursuant\\nto subdivision four of this section. Within at least thirty days after\\nreceipt of such information, the approved organization or state\\nenrollment center shall make a determination whether the child is still\\neligible for a subsidy payment and shall notify the household and the\\ncommissioner if it determines the child is not eligible for a subsidy\\npayment.\\n (c) Any approved organization which engages in a pattern and practice\\nof enrolling or recertifying children who are ineligible pursuant to\\nsubdivision two of this section, as determined by the commissioner, in\\nconsultation with the superintendent, shall be required to repay all\\nsubsidy payments received on account of ineligible children. Improper\\nenrollment based upon a good faith reliance on documentation which\\nappears accurate on its face shall not constitute a pattern or practice.\\nAny such approved organization may also be removed as an approved\\norganization, provided however, that eligible children shall continue to\\nreceive services until such time as the orderly transition to other\\napproved organizations can be effected.\\n 6. The commissioner shall, in consultation with the superintendent,\\nestablish guidelines for the submission of proposals by eligible\\norganizations for the purposes of providing covered health care services\\ncoverage to eligible children including, but not limited to, the\\nfollowing components:\\n (a) standards for individual enrollment including mechanisms for\\npresumptive eligibility and annual recertification;\\n (b) standards for provider enrollment;\\n (c) standards for scope of covered health care service benefits;\\n (d) standards for health care provider payment methodologies, provided\\nhowever, that levels and methods of payment shall be consistent with\\nthose provided under similar insurance plans;\\n (e) standards for appropriate utilization review, quality assurance\\nand case management mechanisms; and\\n (f) such other criteria which may be deemed necessary.\\n 6-a. The commissioner, in consultation with the superintendent, may\\nestablish a program for cards issued to eligible children which can\\nstore or access information electronically, including the identity of\\nthe child and such other medical data and information as the\\ncommissioner, in consultation with the superintendent, may prescribe.\\n 7. (a) A proposal submitted by an eligible organization shall meet the\\nfollowing criteria:\\n (i) designate the geographic area to be served by the program, and\\nestimate the number of eligible participants and actual participants in\\nsuch designated area;\\n (ii) assure access to and delivery of high quality, appropriate\\ncovered health care services and, when applicable, include a network of\\nhealth care providers in sufficient numbers and geographically\\naccessible to service program participants;\\n (iii) describe the procedures for marketing and determining\\neligibility for the health care coverage plan in the program location,\\nincluding the designation of other entities which may perform such\\nfunctions under contract with the organization;\\n (iv) describe proposed health care provider payment methodologies;\\n (v) describe in detail the estimated expenses, including personnel\\ncosts and other types of administrative expenses which will be incurred\\nin the development and implementation of the program;\\n (vi) describe the quality assurance, utilization review and case\\nmanagement mechanisms to be implemented;\\n (vii) demonstrate the applicant's ability to meet the data analysis\\nand reporting requirements of the program;\\n (viii) describe the benefit package to be offered by the program and\\nthe cost of such benefit package;\\n (ix) describe the provisions for arranging for or offering conversion\\ncoverage in the event of termination of coverage under this title;\\n (x) demonstrate financial feasibility of the program;\\n (xi) describe the premium, copayments and deductibles to be paid by\\nprogram participants who are ineligible for subsidy payments; and\\n (xii) include such other information as the commissioner and the\\nsuperintendent may deem appropriate.\\n (b) The commissioner, in consultation with the superintendent, shall\\nmake a determination whether to approve, disapprove or recommend\\nmodification of the proposal. In order for a proposal to be approved by\\nthe commissioner, the proposal must also be approved by the\\nsuperintendent with respect to the provisions of subparagraphs (viii)\\nthrough (xii) of paragraph (a) of this subdivision.\\n (c) The commissioner, in consultation with the superintendent, shall\\nensure, to the extent possible, that child health insurance plan\\ncoverage is available in all geographic areas. The commissioner may\\napprove more than one approved organization to serve all or part of a\\ngeographic area.\\n 7-a. (a) Notwithstanding any inconsistent provisions of subdivisions\\none and three of section two thousand five hundred ten of this title,\\nsubdivisions six and seven of this section, subject to paragraph (b) of\\nthis subdivision, and section one hundred sixty-three of the state\\nfinance law, the commissioner may contract with organizations approved\\nunder section three hundred sixty-four-j of the social services law,\\nwithout a competitive bid or request for proposal process, to provide\\ncovered health care services coverage for eligible children pursuant to\\nthis title.\\n (b) In order to be approved pursuant to this subdivision, an\\norganization shall meet the criteria set forth in subdivision seven of\\nthis section and shall comply with standards established by the\\ncommissioner, in consultation with the superintendent, pursuant to\\nsubdivision six of this section.\\n (c) Organizations approved pursuant to this subdivision shall comply\\nwith the requirements of this title and contractual provisions\\nestablished thereunder, title XXI of the federal social security act and\\nany implementing federal regulations, and requirements set forth in the\\nstate child health plan established pursuant to title XXI of the federal\\nsocial security act.\\n (d) Notwithstanding any inconsistent provision of section one hundred\\ntwelve or one hundred sixty-three of the state finance law, at the\\ndiscretion of the commissioner, without a competitive bid or request for\\nproposal process, contractual arrangements with approved organizations,\\nas defined in subdivision two of section twenty-five hundred ten of this\\narticle, in effect in two thousand seven may be extended to any period\\non and after July first, two thousand seven to provide an uninterrupted\\ncontinuation of services and may be amended as deemed necessary.\\n 8. The commissioner shall determine the amount of funds to be\\nallocated to an approved organization for the purposes described in\\nsubdivision one of this section within such funds which may be available\\nfor the purposes of this article. (a) Subsidy payments made to approved\\norganizations on and after April first, two thousand five through March\\nthirty-first, two thousand six, shall be at amounts approved prior to\\nApril first, two thousand five. Applications for increases to subsidy\\npayments submitted by approved organizations to the superintendent on or\\nafter January first, two thousand five, shall not be considered for\\napproval until after March thirty-first, two thousand six. (b) Further,\\nsubsidy payments made to approved organizations on and after April\\nfirst, two thousand seven through March thirty-first, two thousand\\neight, shall be at amounts approved prior to April first, two thousand\\nseven. Applications for increases to subsidy payments submitted by\\napproved organizations to the superintendent on or after January first,\\ntwo thousand seven, shall not be considered for approval until after\\nMarch thirty-first, two thousand eight. (c) Nothing in this subdivision\\nshall prohibit decreases in subsidy payments in accordance with relevant\\ncontract provisions.\\n (d)(i) Effective April first, two thousand nine, payment for marketing\\nand facilitated enrollment activities set forth in subdivision nine of\\nthis section and included in subsidy payments made to approved\\norganizations providing such services pursuant to a contract with the\\nstate shall be limited to an amount determined annually by the\\ncommissioner.\\n (ii) Such subsidy payments shall be adjusted by the commissioner to\\nremove any costs of approved organizations in excess of the amount\\ndetermined in accordance with subparagraph (i) of this paragraph based\\non cost reports submitted to the department by approved organizations.\\n (f) The commissioner shall adjust subsidy payments made to approved\\norganizations on and after April first, two thousand eleven through\\nMarch thirty-first, two thousand twelve, so that the amount of each such\\npayment is reduced by one and seven-tenths percent.\\n (g) The commissioner may increase subsidy payments made to approved\\norganizations that voluntarily participate in the multi-payor patient\\ncentered medical home program to reflect additional costs associated\\nwith enhanced payments made to certified medical homes by approved\\norganizations as required by article twenty-nine-AA of this chapter.\\n (h) Notwithstanding any inconsistent provision of this title, articles\\nthirty-two and forty-three of the insurance law and subsection (e) of\\nsection eleven hundred twenty of the insurance law, for the period April\\nfirst, two thousand fourteen through March thirty-first, two thousand\\nfifteen, subsidy payments made to approved organizations shall be at\\namounts approved prior to April first, two thousand fourteen.\\n 9. The commissioner shall, within amounts available therefor, contract\\nwith community-based and other marketing organizations for purposes of\\npublic education, outreach, and recruitment of eligible children,\\nincluding the distribution of applications and information regarding\\nenrollment. In awarding such contracts, the commissioner shall consider\\nthe marketing, outreach and recruitment efforts of approved\\norganizations, and the extent to which such organizations are able to\\neffectively target efforts in geographic regions where the proportion of\\neligible children enrolled under this title are lower than in other\\ngeographic regions of the state. Community-based organizations shall\\ninclude, but not be limited to: day care centers, schools,\\ncommunity-based diagnostic and treatment centers, and hospitals.\\n 10. Notwithstanding any other law or agreement to the contrary, and\\nexcept in the case of a child or children who also becomes eligible for\\nmedical assistance, benefits under this title shall be considered\\nsecondary to any other plan of insurance or benefit program, except the\\nphysically handicapped children's program and the early intervention\\nprogram, under which an eligible child may have coverage.\\n 11. (a) An approved organization shall submit required reports and\\ninformation to the commissioner in such form and at times, at least\\nannually, as may be required by the commissioner and specified in\\ncontracts and official department of health administrative guidance, in\\norder to evaluate the operations and results of the program and quality\\nof care being provided by such organizations. Such reports and\\ninformation shall include, but not be limited to, enrollee demographics\\n(applicable only until the state enrollment center is implemented),\\nprogram utilization and expense, patient care outcomes and patient\\nspecific medical information, including encounter data maintained by an\\napproved organization for purposes of quality assurance and oversight.\\nAny information or data collected pursuant to this paragraph shall be\\nkept confidential in accordance with Title XXI of the federal social\\nsecurity act or any other applicable state or federal law.\\n (b) In the event an approved organization fails to submit any required\\nreport and information, as specified in contracts and official\\ndepartment of health administrative guidance, on or before the due date\\nspecified by the commissioner, the commissioner may reduce the approved\\norganization's subsidy payments by up to a total of two percent each\\nmonth for a period beginning on the first day of the calendar month\\nfollowing the original due date of the required report and information\\nand continuing until the last day of the calendar month in which the\\nrequired report and information are submitted; provided however, an\\napproved organization shall not be subject to the percentage reduction\\nunder the following conditions: (i) for any new report for which such\\norganization did not have reasonable notice which shall be at least\\nsixty days notice of its requirement, data and submission\\nspecifications, and due date by certified mail to the approved\\norganization's chief financial officer; or (ii) for any report, upon a\\nfinding by the commissioner that such report was not submitted on a\\ntimely basis for good cause, which may include, but not be limited to,\\nadditional time required to modify or add to computer data systems.\\n 12. The commissioner shall, in consultation with the superintendent,\\nestablish procedures to coordinate the child health insurance plan with\\nthe medical assistance program, including but not limited to, procedures\\nto maximize enrollment of eligible children under those programs by\\nidentification and transfer of children who are eligible or who become\\neligible to receive medical assistance and procedures to facilitate\\nchanges in enrollment status for children who are ineligible for\\nsubsidies under this section and for children who are no longer eligible\\nfor medical assistance in order to facilitate and ensure continuity of\\ncoverage. The commissioner shall review, on an annual basis, the\\neligibility verification and recertification procedures of approved\\norganizations under this title to insure the appropriate enrollment of\\nchildren. Such review shall include, but not be limited to, an audit of\\na statistically representative sample of cases from among all approved\\norganizations and shall be applicable to any period during which an\\napproved organization's responsibilities include determining\\neligibility. In the event such review and audit reveals cases which do\\nnot meet the eligibility criteria for coverage set forth in this\\nsection, that information shall be forwarded to the approved\\norganization and the commissioner for appropriate action.\\n 12-a. The commissioner shall establish procedures to audit approved\\norganizations for compliance with the requirements of this title,\\nincluding the requirements of subdivision twelve of this section,\\ncontractual provisions established thereunder and advisory memoranda\\nissued by the commissioner, title XXI of the federal social security act\\nand any implementing federal regulations, and requirements set forth in\\nthe state child health plan established pursuant to title XXI of the\\nfederal social security act. Approved organizations shall comply with\\nsuch procedures and make available any data necessary to perform such\\naudits. Audit procedures shall include, but not be limited to, the\\nfollowing:\\n (a) standards and procedures for a preliminary audit to be conducted\\non no more than an annual basis;\\n (b) standards and procedures for the submission of a plan of\\ncorrection by an approved organization, including time periods allowed\\nto implement such plan of correction;\\n (c) standards and procedures for a second audit, including an exit\\nconference which provides an approved organization the opportunity to\\nrebut the composition of the audit sample as representative prior to\\nrecovery of subsidy payments and the imposition of penalties;\\n (d) standards and procedures for recovery of subsidy payments made for\\nineligible children, which, notwithstanding any inconsistent provisions\\nof this title, may include recoveries based on extrapolated findings\\nfrom a statistically representative sample of cases which shall be\\nactuarially based and consistent with accepted auditing standards; and\\n (e) standards and procedures for the imposition of penalties for\\nsubstantial noncompliance, which may include, but not be limited to,\\nfinancial penalties in addition to penalties set forth in section twelve\\nof this chapter and consistent with applicable federal standards, as\\nspecified in contracts, and contract termination; provided however\\n (f) audit standards and procedures established pursuant to this\\nsection, including penalties, shall be applicable to eligibility\\ndeterminations made by approved organizations only for periods during\\nwhich an approved organization's responsibilities include making such\\neligibility determinations.\\n 14. The commissioner, in consultation with the superintendent, shall\\nenter into agreements with one or more persons, not-for-profit\\ncorporations, or other organizations, other than a state employee,\\nofficial or agency, for the performance of a comprehensive evaluation of\\nthe implementation and effectiveness of the child health insurance\\nprogram. Notwithstanding any inconsistent provision of law, the\\ncommissioner may allocate and distribute from funds otherwise available\\nfor distribution for purposes of this title an amount not to exceed five\\nhundred thousand dollars for the costs of such evaluation. The\\nevaluation shall include, but not be limited to:\\n (a) the overall effect of the child health insurance program on access\\nto, utilization and quality of primary and preventive health care\\nservices, including, but not limited to, patterns of service\\nutilization, geographic availability of service providers, possible\\nreductions in uncompensated care as a result of the program, and\\nenrollee satisfaction with program administration, services and quality;\\n (b) the impact of the child health insurance program on the health\\nstatus of program participants, including the comparative impact on\\nfamilies that have a child enrolled in the program and other children\\nthat are not eligible and do not have coverage;\\n (c) the effect of the child health insurance program on emergency room\\nutilization, including the effectiveness of preventing inappropriate\\nutilization;\\n (d) the geographic accessibility of the child health insurance\\nprogram, including the availability and accessibility of service\\nproviders, premium levels and premium increases;\\n (e) the effect of community-based and statewide outreach education\\nefforts;\\n (f) the results of a statistically valid sampling of cases verifying\\ncertification and recertification of eligibility for subsidy payments\\nunder this title including but not limited to data on failure by\\napproved organizations to adequately verify enrollee eligibility;\\n (g) any recommendations for programmatic changes to improve the child\\nhealth insurance program based on program evaluation and enrollee\\nsatisfaction data; and\\n (h) a cost and patient outcome comparison of indemnity plans and\\nmanaged care plans offered under this program.\\n A preliminary evaluation shall be submitted to the governor and the\\nlegislature by April first, nineteen hundred ninety-five and a further\\nevaluation shall be submitted by January first, nineteen hundred\\nninety-six.\\n 14-a. The commissioner shall enter into an agreement with one or more\\npersons, not-for-profit corporations, or other organizations, other than\\na state employee, official or agency, for comprehensive research\\nconcerning the health care coverage of children in New York state. The\\norganization conducting the research shall, at least annually, issue a\\nreport of its findings to the governor and the legislature. The research\\nshall include, but not be limited to:\\n (a) a survey of the uninsured in the state;\\n (b) on-going comprehensive studies of the characteristics of uninsured\\nchildren and their families, including demographic characteristics, and\\nreasons such children and families are uninsured;\\n (c) the collection and dissemination of data and other relevant\\ninformation relating to the health care coverage of children and their\\nfamilies; and\\n (d) a review of such factors relating to the uninsured in New York\\nstate as the commissioner, in consultation with the superintendent,\\nshall require.\\n 15. Notwithstanding any inconsistent provision of section one hundred\\ntwelve or one hundred sixty-three of the state finance law or any other\\nlaw, at the discretion of the commissioner without a competitive bid or\\nrequest for proposal process:\\n (a) contractual arrangements with approved organizations to provide\\nprimary and preventive health care services coverage for eligible\\nchildren, or with organizations for purposes of public education,\\noutreach and recruitment of eligible children, in effect in nineteen\\nhundred ninety-three may be extended to provide for primary and\\npreventive health care services coverage for eligible children or public\\neducation, outreach and recruitment of eligible children in nineteen\\nhundred ninety-four and nineteen hundred ninety-five and those\\ncontractual arrangements with approved organizations to provide primary\\nand preventive health care services coverage for eligible children in\\neffect for nineteen hundred ninety-five may be extended through June\\nthirtieth, nineteen hundred ninety-six to provide an uninterrupted\\ncontinuation of services and additional time for program evaluation and\\nmay be amended as may be necessary, provided, however, that the\\ncommissioner shall periodically review the process of ensuring adequate\\nparticipation of approved organizations under this section; and\\n (b) contractual arrangements with approved organizations to provide\\nprimary and preventive health care services coverage for eligible\\nchildren, or with organizations for purposes of public education,\\noutreach and recruitment of eligible children in effect in the period\\nJanuary first, nineteen hundred ninety-six through June thirtieth,\\nnineteen hundred ninety-six may be extended for public education,\\noutreach and recruitment of eligible children through December\\nthirty-first, nineteen hundred ninety-six and to provide for primary and\\npreventive health care services coverage for eligible children through\\nsuch periods for which such coverage continues to apply prior to the\\naddition of coverage for inpatient health care services to provide an\\nuninterrupted continuation of services and may be amended as may be\\nnecessary.\\n * 16. The commissioner and the commissioner of social services shall\\njointly develop a simplified application form for coverage under this\\ntitle, the medical assistance program and the federal women, infants and\\nchildren program, and shall also develop appropriate verification and\\nsampling procedures for the child health insurance plan in order to\\nfacilitate the appropriate enrollment of eligible children into the\\nchild health insurance plan, the medical assistance program, and the\\nwomen, infants and children program. Nothing in this subdivision shall\\nbe construed to require that eligibility documentation requirements for\\nthe services under this title shall apply to the medical assistance\\nprogram, nor shall this subdivision be construed to preclude eligibility\\nfor any person pending the development of that application. Such\\napplication shall be available for use by local social services\\ndistricts and approved organizations under this title by June thirtieth,\\nnineteen hundred ninety-four.\\n * NB Expired July 1, 2007\\n 16-a. The commissioner shall develop a simplified recertification form\\nfor use by approved organizations in renewing coverage for eligible\\nchildren under this title. The form shall include requests only for such\\ninformation that is: (i) reasonably necessary to determine continued\\neligibility for coverage under this title; and (ii) subject to change\\nsince the date of the household's initial application.\\n 17. The commissioner, in consultation with the superintendent, is\\nauthorized to establish and operate a child health information service\\nwhich shall utilize advanced telecommunications technologies to meet the\\nhealth information and support needs of children, parents and medical\\nprofessionals, which shall include, but not be limited to, treatment\\nguidelines for children, treatment protocols, research articles and\\nstandards for the care of children from birth through eighteen years of\\nage. Such information shall not constitute the practice of medicine, as\\ndefined in article one hundred thirty-one of the education law.\\n 18. Premium Assistance Program. (a) The commissioner shall establish a\\npremium assistance program for the purchase of family coverage under a\\ngroup health plan or health insurance coverage that includes coverage of\\nan eligible child, as defined in subdivision four of section twenty-five\\nhundred ten of this article, contingent upon:\\n (i) a determination by the commissioner that the purchase of family\\ncoverage under this subdivision is cost effective relative to the amount\\nthe state would pay to obtain coverage under this title solely for the\\neligible child or children; and\\n (ii) the availability of federal financial participation in accordance\\nwith a waiver application submitted by the commissioner and approved by\\nthe secretary of the department of health and human services.\\n (b) The commissioner shall establish and specify standards for the\\nimplementation of the premium assistance program in the federal waiver\\napplication, including, but not limited to, the following:\\n (i) standards for eligibility of children and families for and\\nenrollment in the premium assistance program which shall include, at a\\nminimum, the eligibility criteria set forth in subdivision two of this\\nsection; provided that:\\n (A) participation in the program for a child who resides in a\\nhousehold having a household income at or below two hundred fifty\\npercent of the non-farm federal poverty level (as defined and updated by\\nthe United States department of health and human services) shall be\\nvoluntary and an eligible child may disenroll from the premium\\nassistance program at any time and enroll in individual coverage under\\nthis title; and\\n (B) participation in the program for a child who resides in a\\nhousehold having a household income between two hundred fifty-one and\\nfour hundred percent of the non-farm federal poverty level (as defined\\nand updated by the United States department of health and human\\nservices) and meets certain eligibility criteria shall be mandatory. A\\nchild in this income group who meets the criteria for enrollment in the\\npremium assistance program shall not be eligible for individual coverage\\nunder this title;\\n (ii) standards for required levels of employer contributions toward\\nthe cost of premiums for family coverage;\\n (iii) standards for the level of state payment toward the cost of\\npremiums for family coverage;\\n (iv) standards for the scope and level of benefits to be provided in\\nthe premium assistance program;\\n (v) standards for data collection including, but not limited to, data\\nregarding the substitution of health insurance coverage that would be\\nprovided to eligible children in the absence of family coverage\\npurchased pursuant to this subdivision; and\\n (vi) any other standards deemed necessary by the commissioner to\\nimplement the premium assistance program.\\n (c) The state share of the cost of the premium assistance program, if\\nimplemented, shall be funded within amounts appropriated for the purpose\\nof providing healthcare coverage for uninsured and underinsured children\\npursuant to this title.\\n 19. Claims submitted to an approved organization for payment for\\nmedical care, services, or supplies furnished by an out-of-network\\nhealth care provider must be submitted within fifteen months of the date\\nthe medical care, services, or supplies were furnished to an eligible\\nperson to be valid and enforceable against the approved organization. If\\na claim by an out-of-network health care provider is not submitted\\nwithin fifteen months of the date that the medical care, services or\\nsupplies were furnished and the claim is subsequently denied by the\\napproved organization for that reason, such out-of-network health care\\nprovider shall not seek payment for such medical care, services or\\nsupplies from the enrollee. This deadline for claims submission shall\\nnot apply where the claims submission is warranted to address findings\\nor recommendations identified in a state or federal audit except where\\nsuch audit also indicates that an inappropriate provider payment was\\nsolely the fault of the out-of-network health care provider.\\n 20. For approved organizations with negotiated rates of payment for\\ninpatient hospital services under contracts in effect on April first,\\ntwo thousand eight, that have a payment rate methodology for such\\ninpatient hospital services that utilizes rates calculated by the\\ndepartment of health pursuant to paragraph (a) or (a-2) of subdivision\\none of section twenty-eight hundred seven-c of the public health law for\\npatients under the medical assistance program, such rate shall not\\ninclude adjustments pursuant to subdivision thirty-three of section\\ntwenty-eight hundred seven-c of this chapter for contract periods prior\\nto January first, two thousand ten.\\n 21. The commissioner may make any necessary amendments to a contract\\npursuant to this section with an approved organization, as defined in\\nsubdivision two of section twenty-five hundred ten of this title, to\\nallow such approved organization to participate as a qualified health\\nplan in a state health benefit exchange established pursuant to the\\nfederal Patient Protection and Affordable Care Act (P.L. 111-148), as\\namended by the federal Health Care and Education Reconciliation Act of\\n2010 (P.L. 111-152).\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 2 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A25T1-B", "title" : "Adolescent Pregnancy Prevention and Services Program", "docType" : "TITLE", "publishedDates" : [ "2014-09-22", "2017-08-04" ], "docLevelId" : "1-B", "activeDate" : "2017-08-04", "sequenceNo" : 827, "repealedDate" : null, "fromSection" : "2515", "toSection" : "2515-C", "text" : " TITLE 1-B\\n ADOLESCENT PREGNANCY PREVENTION AND SERVICES PROGRAM\\nSection 2515. Definitions.\\n 2515-a. Administration.\\n 2515-b. Community service project plans.\\n 2515-c. Use of funds.\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2515", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-11-27" ], "docLevelId" : "2515", "activeDate" : "2015-11-27", "sequenceNo" : 828, "repealedDate" : null, "fromSection" : "2515", "toSection" : "2515", "text" : " § 2515. Definitions. For the purposes of this title the following\\ndefinitions shall apply:\\n 1. \"Eligible adolescent\" means a person aged twenty-one or under who\\nis at risk of becoming a parent, is pregnant, or is a parent.\\n 2. \"Services for eligible adolescents\" means those services, including\\nbut not limited to: vocational and educational counseling, job skills\\ntraining, family life and parenting education, life skills development,\\ncoordination, case management, primary preventive health care, pregnancy\\nand child nutrition counseling for expectant mothers to curb the\\nincidence of childhood obesity, family planning, social and recreational\\nprograms, child care, outreach and advocacy, follow-up on service\\nutilization, crisis intervention, and efforts to stimulate community\\ninterest and involvement.\\n 3. \"Community council\" means a group of volunteers responsible for the\\ndevelopment of the community service project plan which, to the extent\\npossible, represents the needs and values of the community and which\\nincludes representatives of the following community groups or\\norganizations: community residents, including youths; local government;\\nthe business community; service providers, including agencies providing\\nvocational, housing services, child care agencies serving youth and\\nyouth services agencies; charitable organizations; health providers;\\neducational institutions; family planning agencies; and community\\nnetworks and coalitions.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2515-A", "title" : "Administration", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-11-27" ], "docLevelId" : "2515-A", "activeDate" : "2015-11-27", "sequenceNo" : 829, "repealedDate" : null, "fromSection" : "2515-A", "toSection" : "2515-A", "text" : " § 2515-a. Administration. 1. The department is authorized to request\\nand receive community service project plans, as defined in section\\ntwenty-five hundred fifteen-b of this title. Such projects shall be\\nlimited to a twelve month duration but may, with the approval of such\\ndepartment, be renewed for additional periods based on demonstrated\\neffectiveness, need, and availability of funds. The department shall\\noffer technical assistance to applicants for and operators of community\\nservice projects. Technical assistance shall be provided for, but shall\\nnot be limited to, the following activities: development of community\\nservice plans, overall program planning, contract development,\\nbudgeting, and designing local client-specific data collection systems.\\n 2. The department shall review such community service project plans.\\nThe commissioner, within appropriations made therefor, may approve such\\nplans for funding in accordance with the provisions of this title. In\\napproving or disapproving the funding of such plans, the commissioner\\nshall only approve projects which meet the requirements set forth in\\nsection twenty-five hundred fifteen-b of this title which demonstrate\\nclear coordinating activities with local social services districts and\\nother available city, school, county, state or federally funded programs\\nand shall give priority to projects which:\\n (a) stress the development and expansion of primary prevention\\nprograms aimed at decreasing the incidence of adolescent pregnancy, and\\nthe establishment of a comprehensive and coordinated approach to prevent\\ninitial and repeated pregnancy and to deal more effectively with the\\nconsequences associated with adolescent parenting;\\n (b) serve a geographic area where there is a large number of eligible\\nadolescents, or a high rate of adolescent pregnancy;\\n (c) serve a geographic area where the incidence of infant mortality,\\nlow birth weight infants, childhood obesity and the prevalence of\\nlow-income families are high and where the availability or accessibility\\nof services for eligible adolescents is low;\\n (d) utilize existing community resources; and\\n (e) maximize the use of federal, or other state, private and local\\nresources.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2515-B", "title" : "Community service project plans", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2515-B", "activeDate" : "2014-09-22", "sequenceNo" : 830, "repealedDate" : null, "fromSection" : "2515-B", "toSection" : "2515-B", "text" : " § 2515-b. Community service project plans. 1. Plans for community\\nservice projects may be submitted to the department by not-for-profit\\nagencies or by county or municipal governments, or any subdivision\\nthereof. Such plan shall:\\n (a) include a statement of project goals and objectives and a\\ndescription of the services to be provided to meet such goals and\\nobjectives;\\n (b) identify the geographic area to be served, which may include a\\ncounty, municipality or any subdivision thereof, or a combination of\\ncounties, municipalities or subdivisions thereof;\\n (c) identify the prevalence and incidence of adolescent pregnancy and\\nparenting and related problems to be addressed by the project in the\\ngeographic area; and a description, by number and characteristics, of\\nthe project's target population to be served;\\n (d) describe the services currently available to serve the eligible\\nadolescents which may help reinforce the goals and objectives of the\\ncommunity service project;\\n (e) describe how services for eligible adolescents will be coordinated\\nwithin such project plans, and efforts to be made to improve client\\naccess to such services by improving interagency cooperation and program\\ncoordination;\\n (f) describe how the project funds received pursuant to this title\\nshall be used;\\n (g) describe the community's involvement in the project plan, and the\\ninvolvement of relevant agencies and appropriate groups involved within\\nsuch project plan;\\n (h) describe how the proposed services are relevant to the population\\nbeing served; and\\n (i) describe the method to be used to evaluate and report upon the\\neffectiveness of the community service project funded under the\\nprovisions of this title.\\n 2. The community service project plan shall be developed by the\\ncommunity council which shall direct the activities of the community\\nservice project. The community council shall select a lead agency which\\nshall be responsible for the administration of the community service\\nproject. The community council shall select and approve the funding of\\nsubcontractors pursuant to this title for the purpose of the development\\nof the community service project plan.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2515-C", "title" : "Use of funds", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2515-C", "activeDate" : "2014-09-22", "sequenceNo" : 831, "repealedDate" : null, "fromSection" : "2515-C", "toSection" : "2515-C", "text" : " § 2515-c. Use of funds. 1. Subject to amounts made available therefor,\\nsuch funds shall be made available for up to seventy-five percent of\\napproved community service project plan expenditures after first\\ndeducting therefrom any federal or other state funds received or to be\\nreceived on account thereof. The remaining twenty-five percent cost of\\nsuch plan may be met by local governmental or private funds, services or\\nproperty. The commissioner, within his or her discretion, may, however,\\nwaive the twenty-five percent requirement for the year if he or she\\ndetermines that a plan, which otherwise meets the requirements of this\\ntitle, is unable to obtain local governmental or private funding,\\nservices or property. Any such waiver shall be requested upon submittal\\nof such plan to the commissioner. No more than five percent of the funds\\napproved under this article shall be retained by the department for\\nadministrative and evaluation purposes.\\n 2. Funds granted to not-for-profit corporations or governmental\\nentities pursuant to the adolescent pregnancy prevention and services\\nprogram shall not be used to supplant other federal, state or local\\nfunds.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 4 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A25T2", "title" : "Prenatal Care", "docType" : "TITLE", "publishedDates" : [ "2014-09-22", "2018-04-20" ], "docLevelId" : "2", "activeDate" : "2018-04-20", "sequenceNo" : 832, "repealedDate" : null, "fromSection" : "2522", "toSection" : "2532", "text" : " TITLE II\\n PRENATAL CARE\\nSection 2522. Programs; powers of the commissioner.\\n 2530. Nurse-family partnership.\\n 2530-a. Payment for prenatal care special services.\\n 2531. Children and recovering mothers program.\\n 2532. Workgroup.\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2522", "title" : "Programs; powers of the commissioner", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-11-27", "2024-12-27", "2025-02-21", "2025-12-26" ], "docLevelId" : "2522", "activeDate" : "2015-11-27", "sequenceNo" : 833, "repealedDate" : null, "fromSection" : "2522", "toSection" : "2522", "text" : " § 2522. Programs; powers of the commissioner. In order to promote\\ncomprehensive prenatal care, the commissioner is authorized to provide\\nfunds, including the awarding of grants to not-for-profit\\ncommunity-based organizations, local health departments, public\\neducation organizations and such other organizations as may be\\ndesignated by the commissioner, for public and provider education and\\noutreach, home visiting, referral of pregnant women to prenatal care\\nproviders, and improvement of regional systems of perinatal care. This\\neducation, outreach, home visiting, referral and systems improvement may\\ninclude, but is not limited to:\\n (a) public education concerning availability of prenatal services;\\n (b) promotion of community awareness of the benefits to the mother and\\nchild of preconception health and early and continuous prenatal care;\\n (c) outreach and direct recruitment of service recipients and\\nproviders;\\n (d) referrals and linkage to organizations providing assistance with\\napplications for medical assistance and enrollment in Medicaid managed\\ncare programs;\\n (e) referrals and linkage with home visiting and other community\\nservices;\\n (e-1) health and nutritional education and services for both parents,\\nregarding childhood and adult obesity and asthma, and the prevention or\\nmitigation thereof;\\n (f) follow-up of patient participation in prenatal care services;\\n (g) identification of regional perinatal health care system barriers\\nand limitations that lead to poor perinatal outcomes and development of\\nstrategies to address such barriers and limitations; and\\n (h) coordination of service delivery by community-based organizations\\namong health care providers and health plans using health information\\ntechnology and uniform screening criteria for perinatal risk.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2530", "title" : "Nurse-family partnership", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2530", "activeDate" : "2014-09-22", "sequenceNo" : 834, "repealedDate" : null, "fromSection" : "2530", "toSection" : "2530", "text" : " § 2530. Nurse-family partnership. 1. The commissioner is authorized to\\nestablish, subject to federal financial participation and within amounts\\nappropriated therefor, the nurse-family partnership program, a Medicaid\\nprogram subject to title eleven of article five of the social services\\nlaw, aimed at improving the health of eligible participants.\\n 2. As used in this section, the following terms shall have the\\nfollowing meanings:\\n (a) \"Eligible participant\" means a person enrolled in medical\\nassistance under title eleven of article five of the social services law\\nwho is a pregnant woman who will be a first-time mother; and her\\nnewborn, either or both of whom is at risk for poor outcomes.\\n\"Participant\" means an eligible participant who is participating in the\\nnurse-family partnership program.\\n (b) \"Nurse-family partnership program\" or \"program\" means the\\nnurse-family partnership program established under this section.\\n (c) \"Nurse-family partnership provider\" or \"provider\" means a county\\nhealth department, including the health department of the city of New\\nYork, or an entity in contract with such a health department to provide\\nservices under the program or an entity that contracts directly with the\\ncommissioner to provide services under this program.\\n (d) \"Case management services\" means services that assist a\\nparticipant in gaining access to needed medical, social, educational,\\nand other services, including: an assessment to determine service needs;\\ndevelopment of a care plan based on the assessment; referral to medical,\\nsocial, educational and other providers; and monitoring and other\\nfollow-up activities to ensure that the care plan is effectively\\nimplemented and addresses the assessed needs.\\n 3. The nurse-family partnership program is a nurse home-visiting\\nprogram in which a nurse-family partnership provider provides case\\nmanagement and nursing services (primarily nurse home visits to\\nparticipants) to eligible participants up to the child's second\\nbirthday. Participation in the program shall be voluntary for eligible\\nparticipants.\\n 4. A nurse-family partnership provider shall be approved by a\\nnationally-recognized organization involved with nurse-family\\npartnership programs, designated by the commissioner, and shall meet\\nsuch other criteria as established by the commissioner.\\n 5. The commissioner may establish the nurse-family partnership program\\nin one or more social services districts and may establish program\\nenrollment limits based on analysis of need and available\\nappropriations.\\n 6. Nurse-family partnership program services provided by a provider to\\nan eligible participant under this section shall be deemed to be medical\\nassistance services under title eleven of article five of the social\\nservices law. The commissioner may establish, subject to the approval of\\nthe director of the division of the budget, rates of payment to\\nnurse-family partnership providers for providing nurse-family\\npartnership program services.\\n 7. The commissioner shall submit all appropriate amendments to the\\nstate plan for medical assistance and shall submit applications for\\nwaivers of the federal social security act as shall be necessary to\\nobtain federal financial participation in the costs of services provided\\npursuant to this section.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2530-A", "title" : "Payment for prenatal care special services", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2530-A", "activeDate" : "2014-09-22", "sequenceNo" : 835, "repealedDate" : null, "fromSection" : "2530-A", "toSection" : "2530-A", "text" : " § 2530-a. Payment for prenatal care special services. 1. The\\ncommissioner is authorized to establish a program to provide services\\nunder title eleven or title eleven-D of article five of the social\\nservices law, for early and continuous prenatal care for pregnant women\\nwho are eligible to receive services under those titles, to prevent\\ncomplications during pregnancy and childbirth and to reduce neonatal\\nintensive care admissions (referred to in this section as the\\n\"program\"). The program shall include the collection, and transmittal to\\nthe department, of health status data pertinent to the management of\\npregnancy risk on a health status data form established by the\\ndepartment.\\n 2. The collection of data under the program shall be based on the\\npregnant woman's informed written consent, which shall be in a format\\ndeveloped by the commissioner and maintained in the provider's medical\\nrecord. Participation in the program shall be voluntary for the pregnant\\nwoman. A woman's failure to give consent for the collection of data\\nunder this section or to participate in the program shall not result in\\nthe diminution of any services otherwise available under title eleven or\\neleven-D of article five of the social services law.\\n 3. If consent and voluntary participation pursuant to subdivision two\\nof this section is obtained, providers of prenatal care under title\\neleven or title eleven-D of article five of the social services law,\\nshall endeavor to collect at the earliest possible prenatal visit, and\\nreport to the department in a form and manner determined by the\\ncommissioner, health status data concerning each pregnant woman eligible\\nfor services under title eleven or title eleven-D of article five of the\\nsocial services law, and treated by such provider.\\n 4. Upon receipt of a health status data form, the department shall\\ntake one of the following actions:\\n (a) If the pregnant woman, at the time of the receipt of the health\\nstatus data form by the department, is enrolled in a managed care health\\nplan, the department shall send the form to the plan for triage and\\nappropriate care management interventions, which shall include available\\nplan services and referrals for other services available in the\\ncommunity.\\n (b) If the pregnant woman, at the time of the receipt of the health\\nstatus data form by the department, is not enrolled in a managed care\\nhealth plan, the department shall send the form to an entity described\\nin subdivision five of this section for triage and appropriate care\\nmanagement services, which shall include, but not be limited to, needed\\nhome visits and referrals to community based services for high risk\\npregnant women. If the pregnant woman subsequently becomes enrolled in a\\nmanaged care health plan, the designated entity and the plan shall\\nassure continuity of care.\\n 5. Patient health status data collected under this section shall be\\nmaintained as confidential by the department and by any person or entity\\nto whom the department discloses the data. Such data may only be\\ndisclosed by the department under this section.\\n 6. For purposes of the activities described in paragraph (b) of\\nsubdivision four of this section, the department is authorized to enter\\ninto agreements with and, within amounts appropriated therefor, provide\\nfunding to, local health departments or not-for-profit organizations to\\npromote positive pregnancy outcomes, optimal child health, growth and\\ndevelopment, and safe home environments.\\n 7. The department is authorized to operate the program authorized by\\nthis section in a subset of counties in the state.\\n 8. Within amounts appropriated therefor, the commissioner is\\nauthorized to develop fees to reimburse enrolled fee-for-service\\nproviders for the collection and transmittal of clinical data authorized\\nby this section.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2531", "title" : "Children and recovering mothers program", "docType" : "SECTION", "publishedDates" : [ "2018-04-20" ], "docLevelId" : "2531", "activeDate" : "2018-04-20", "sequenceNo" : 836, "repealedDate" : null, "fromSection" : "2531", "toSection" : "2531", "text" : " § 2531. Children and recovering mothers program. Subject to\\nappropriation, the commissioner, in consultation with the commissioner\\nof alcoholism and substance abuse services, is authorized to establish\\nthe children and recovering mothers program, a program aimed at\\nproviding health care providers, hospitals and midwifery birth centers\\nwith guidance, education and assistance when providing care to expectant\\nmothers with a substance use disorder. Such program shall:\\n 1. Provide information to both health care providers as well as\\nexpectant mothers regarding use of medication assisted treatment for\\npregnant women, which shall include information regarding buprenorphrine\\ntraining, tools for providers on effective management of women with a\\nsubstance use disorder during pregnancy, and a referral list of\\nproviders in the area;\\n 2. Provide guidance and referral information for substance use\\ndisorder services, home visiting services and other benefits and\\nservices that they may be eligible for while expecting and after birth;\\n 3. Develop a system for rapid consultation and referral linkage\\nservices for obstetricians and primary care providers statewide who\\nprovide care for expectant mothers with substance use disorders;\\n 4. Provide guidance on the identification of signs and symptoms of\\nsubstance use disorder in expectant mothers; and\\n 5. Anything else deemed necessary to implement the program.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2532", "title" : "Workgroup", "docType" : "SECTION", "publishedDates" : [ "2018-04-20" ], "docLevelId" : "2532", "activeDate" : "2018-04-20", "sequenceNo" : 837, "repealedDate" : null, "fromSection" : "2532", "toSection" : "2532", "text" : " § 2532. Workgroup. The commissioner, in conjunction with the\\ncommissioner of alcoholism and substance abuse services, shall convene a\\nworkgroup of stakeholders, including but not limited to, hospitals,\\nlocal health departments, obstetricians, midwives, pediatricians, and\\nsubstance use disorder providers to study and evaluate barriers and\\nchallenges in identifying and treating expectant mothers, newborns and\\nnew parents with a substance use disorder. The workgroup shall report on\\nits findings and recommendations to the commissioner, the commissioner\\nof alcoholism and substance abuse services, the speaker of the assembly\\nand the temporary president of the senate within one year of the\\neffective date of this section.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 5 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A25T2-A", "title" : "Early Intervention Program For Infants and Toddlers With Disabilities and Their Families", "docType" : "TITLE", "publishedDates" : [ "2014-09-22", "2022-01-07" ], "docLevelId" : "2-A", "activeDate" : "2014-09-22", "sequenceNo" : 838, "repealedDate" : null, "fromSection" : "2540", "toSection" : "2559-B", "text" : " TITLE II-A\\n EARLY INTERVENTION PROGRAM FOR INFANTS AND TODDLERS WITH DISABILITIES\\n AND THEIR FAMILIES\\nSection 2540. Establishment of early intervention program.\\n 2541. Definitions.\\n 2542. Comprehensive child find system and public awareness\\n program.\\n 2543. Service coordinators.\\n 2544. Screening and evaluations.\\n 2545. Individualized family services plans (\"IFSP\").\\n 2546. Interim services.\\n 2547. Respite services.\\n 2547-a. Day care support services.\\n 2548. Transition plan.\\n 2549. Due process.\\n 2550. Responsibilities of lead agency.\\n 2551. Coordinated standards and procedures.\\n 2552. Responsibility of municipality.\\n 2553. Early intervention coordinating council.\\n 2554. Local early intervention coordinating councils.\\n 2556. Administrative costs.\\n 2557. Financial responsibility and reimbursement.\\n 2558. Responsibility for certain temporary-resident infants\\n and toddlers with disabilities.\\n 2559. Third party insurance and medical assistance program\\n payments.\\n 2559-a. Transportation.\\n 2559-b. Regulations.\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2540", "title" : "Establishment of early intervention program", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2540", "activeDate" : "2014-09-22", "sequenceNo" : 839, "repealedDate" : null, "fromSection" : "2540", "toSection" : "2540", "text" : " § 2540. Establishment of early intervention program. There is\\nestablished an early intervention program under the administration of\\nthe commissioner.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2541", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2019-12-20" ], "docLevelId" : "2541", "activeDate" : "2014-09-22", "sequenceNo" : 840, "repealedDate" : null, "fromSection" : "2541", "toSection" : "2541", "text" : " § 2541. Definitions. As used in this title the following terms shall\\nhave the following meanings, unless the context clearly requires\\notherwise:\\n 1. \"Children at risk\" means children who may experience a disability\\nbecause of medical, biological or environmental factors which may\\nproduce developmental delay, as determined by the commissioner through\\nregulation.\\n 2. \"Coordinated standards and procedures\" means standards and\\nprocedures developed by state early intervention service agencies\\npursuant to section twenty-five hundred fifty-one of this title.\\n 3. \"Council\" means the early intervention coordinating council\\nestablished under section twenty-five hundred fifty-three of this title.\\n 4. \"Developmental delay\" means that a child has not attained\\ndevelopmental milestones expected for the child's chronological age, as\\nmeasured by qualified professionals using appropriate diagnostic\\ninstruments and/or procedures and informed clinical opinion, in one or\\nmore of the following areas of development: cognitive, physical,\\ncommunication, social or emotional, or adaptive.\\n 5. \"Disability\" means:\\n (a) a developmental delay; or\\n (b) a diagnosed physical or mental condition that has a high\\nprobability of resulting in developmental delay, such as Down syndrome\\nor other chromosomal abnormalities, sensory impairments, inborn errors\\nof metabolism or fetal alcohol syndrome.\\n 6. \"Early intervention official\" means an appropriate municipal\\nofficial designated by the chief executive officer of a municipality and\\nan appropriate designee of such official.\\n 7. \"Early intervention services\" means developmental services that:\\n (a) are provided under public supervision;\\n (b) are selected in collaboration with the parents;\\n (c) are designed to meet a child's developmental needs in any one or\\nmore of the following areas:\\n (i) physical development, including vision and hearing,\\n (ii) cognitive development,\\n (iii) communication development,\\n (iv) social or emotional development, or\\n (v) adaptive development;\\n (d) meet the coordinated standards and procedures;\\n (e) are provided by qualified personnel;\\n (f) are provided in conformity with an IFSP;\\n (g) are, to the maximum extent appropriate, provided in natural\\nenvironments, including the home and community settings where children\\nwithout disabilities would participate;\\n (h) include, as appropriate:\\n (i) family training, counseling, home visits and parent support\\ngroups,\\n (ii) special instruction,\\n (iii) speech pathology and audiology,\\n (iv) occupational therapy,\\n (v) physical therapy,\\n (vi) psychological services,\\n (vii) case management services, hereafter referred to as service\\ncoordination services,\\n (viii) medical services for diagnostic or evaluation purposes, subject\\nto reasonable prior approval requirements for exceptionally expensive\\nservices, as prescribed by the commissioner,\\n (ix) early identification, screening, and assessment services,\\n (x) health services necessary to enable the infant or toddler to\\nbenefit from the other early intervention services,\\n (xi) nursing services,\\n (xii) nutrition services,\\n (xiii) social work services,\\n (xiv) vision services,\\n (xv) assistive technology devices and assistive technology services,\\n (xvi) transportation and related costs that are necessary to enable a\\nchild and the child's family to receive early intervention services, and\\n (xvii) other appropriate services approved by the commissioner.\\n (i) are cost-effective.\\n 8. (a) \"Eligible child\" means an infant or toddler from birth through\\nage two who has a disability; provided, however, that any toddler with a\\ndisability who has been determined to be eligible for program services\\nunder section forty-four hundred ten of the education law and:\\n (i) who turns three years of age on or before the thirty-first day of\\nAugust shall, if requested by the parent, be eligible to receive early\\nintervention services contained in an IFSP until the first day of\\nSeptember of that calendar year; or\\n (ii) who turns three years of age on or after the first day of\\nSeptember shall, if requested by the parent and if already receiving\\nservices pursuant to this title, be eligible to continue receiving such\\nservices until the second day of January of the following calendar year.\\n (b) Notwithstanding the provisions of paragraph (a) of this\\nsubdivision, a child who receives services pursuant to section\\nforty-four hundred ten of the education law shall not be an eligible\\nchild.\\n 9. \"Evaluation\" means a multidisciplinary professional, objective\\nassessment conducted by appropriately qualified personnel and conducted\\npursuant to section twenty-five hundred forty-four of this title to\\ndetermine a child's eligibility under this title.\\n 10. \"Evaluator\" means a team of two or more professionals approved\\npursuant to section twenty-five hundred fifty-one of this title to\\nconduct screenings and evaluations.\\n 11. \"IFSP\" means the individualized family service plan adopted in\\naccordance with section twenty-five hundred forty-five of this title.\\n 12. \"Lead agency\" means the department of health, the public agency\\nresponsible for the administration of the early intervention system in\\ncollaboration with the state early intervention service agencies.\\n 13. \"Municipality\" means a county outside the city of New York or the\\ncity of New York in the case of a county contained within the city of\\nNew York.\\n 13-a. Subject to federal law and regulations, \"natural environment\" or\\n\"natural setting\" means a setting that is natural or normal for the\\nchild's age peers who have no disability.\\n 14. \"Parent\" means parent or person in parental relation to the child.\\nWith respect to a child who has no parent or person in a parental\\nrelation, \"parent\" shall mean the person designated to serve in parental\\nrelation for the purposes of this title, pursuant to regulations of the\\ncommissioner promulgated in consultation with the commissioner of social\\nservices for children in foster care.\\n 15. \"Qualified personnel\" means:\\n (a) persons holding a state approved or recognized certificate,\\nlicense or registration in one of the following fields:\\n (i) special education teachers;\\n (ii) speech and language pathologists and audiologists;\\n (iii) occupational therapists;\\n (iv) physical therapists;\\n (v) social workers;\\n (vi) nurses;\\n (vii) dieticians or nutritionists;\\n (viii) other persons designated by the commissioner who meet\\nrequirements that apply to the area in which the person is providing\\nearly intervention services, where not in conflict with existing\\nprofessional licensing, certification and/or registration requirements.\\n (b) persons holding a state approved license in one of the following\\nfields:\\n (i) psychologists; or\\n (ii) physicians.\\n 16. \"Service coordinator\" means a person who:\\n (a) meets the qualifications established in federal law and regulation\\nand demonstrates knowledge and understanding of:\\n (i) infants and toddlers who may be eligible for services under this\\ntitle;\\n (ii) principles of family-centered services;\\n (iii) part H of the federal individuals with disabilities education\\nact and its corresponding regulations;\\n (iv) the nature and scope of services available under this title; and\\n (v) the requirements for authorizing and paying for such services and\\nother pertinent information;\\n (b) is responsible for:\\n (i) assisting eligible children and their families in gaining access\\nto services listed on the IFSP;\\n (ii) coordinating early intervention services with other services such\\nas medical and health services provided to the child;\\n (iii) coordinating the performance of evaluations and assessments;\\n (iv) participating in the development, monitoring and evaluation of\\nthe IFSP;\\n (v) assisting the parent in identifying available service providers;\\n (vi) coordinating service delivery;\\n (vii) informing the family of advocacy services;\\n (viii) where appropriate, facilitating the transition of the child to\\nother appropriate services; and\\n (ix) assisting in resolving any disputes which may arise between the\\nfamily and service providers, as necessary and appropriate; and\\n (c) meets such other standards as are specified pursuant to section\\ntwenty-five hundred fifty-one of this title.\\n 17. \"State early intervention service agencies\" means the departments\\nof health, education and social services and the offices of mental\\nhealth, mental retardation and developmental disabilities and office of\\nalcoholism and substance abuse services.\\n 18. \"Year\" shall mean the twelve-month period commencing July first\\nunless otherwise specified.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2542", "title" : "Comprehensive child find system and public awareness program", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2542", "activeDate" : "2014-09-22", "sequenceNo" : 841, "repealedDate" : null, "fromSection" : "2542", "toSection" : "2542", "text" : " § 2542. Comprehensive child find system and public awareness program.\\n1. The commissioner shall develop a comprehensive child find system that\\nensures that eligible children in the state are identified, located,\\nreferred to the early intervention official and evaluated. Such system\\nshall:\\n (a) require early intervention officials to identify and locate\\neligible children within their municipality;\\n (b) be coordinated with efforts to identify, locate and track children\\nconducted by other agencies responsible for services to infants and\\ntoddlers and their families, including the efforts in (i) part B of the\\nfederal individuals with disabilities education act, including early\\nchildhood direction centers, (ii) the maternal and child health program\\nunder title V of the federal social security act, including the infant\\nhealth assessment program, (iii) medicaid's early periodic screening,\\ndiagnosis and treatment program under title XIX of the federal social\\nsecurity act, and (iv) the federal supplemental security income program;\\nand\\n (c) provide for the identification, tracking and screening of children\\nat risk of developmental delay, using resources available through the\\nprograms, identified in paragraph (b) of this subdivision and such other\\navailable resources as the commissioner shall commit to this purpose.\\n 2. The commissioner shall develop, implement, and maintain a public\\nawareness program to inform the general public and the professional\\ncommunity of the availability of the early intervention program and the\\nbenefits of services to infants and toddlers with disabilities and their\\nfamilies. The program shall include materials which describe the normal\\ndevelopmental achievements of young children, identification and\\nprocedures for referral of children with disabilities, and how to gain\\naccess to early intervention services.\\n 3. The following persons and entities, within two working days of\\nidentifying an infant or toddler suspected of having a disability or at\\nrisk of having a disability, shall refer such infant or toddler to the\\nearly intervention official or the health officer of the public health\\ndistrict in which the infant or toddler resides, as designated by the\\nmunicipality, but in no event over the objection of the parent made in\\naccordance with procedures established by the department for use by such\\nprimary referral sources, unless the child has already been referred:\\nhospitals, child health care providers, day care programs, local school\\ndistricts, public health facilities, early childhood direction centers\\nand such other social service and health care agencies and providers as\\nthe commissioner shall specify in regulation; provided, however, that\\nthe department shall establish procedures, including regulations if\\nrequired, to ensure that primary referral sources adequately inform the\\nparent or guardian about the early intervention program, including\\nthrough brochures and written materials created or approved by the\\ndepartment.\\n 4. The commissioner shall provide each early intervention official\\nwith a list of all approved evaluators and service coordinators in the\\nmunicipality or geographic area proximate to such municipality or, with\\nrespect to the city of New York, subdivisions of the city as prescribed\\nby the commissioner.\\n Such list of approved evaluators shall be updated at least annually\\nand shall describe the specific areas of expertise of each qualified\\nevaluator, if known.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2543", "title" : "Service coordinators", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2022-01-07" ], "docLevelId" : "2543", "activeDate" : "2014-09-22", "sequenceNo" : 842, "repealedDate" : null, "fromSection" : "2543", "toSection" : "2543", "text" : " § 2543. Service coordinators. 1. Upon referral to the early\\nintervention official of a child thought to be an eligible child by a\\nparent or professional, the early intervention official shall promptly\\ndesignate an initial service coordinator, selecting whenever appropriate\\na service coordinator who has an established relationship with the child\\nor family, and shall promptly notify the parent of such designation.\\n 2. The initial service coordinator shall promptly arrange a contact\\nwith the parent after such designation, provided that such contact must\\nbe in a time, place and manner reasonably convenient for the parent and\\nconsistent with the timeliness requirements of this title.\\n 3. The parent of the eligible child shall provide and the early\\nintervention official shall collect such information and or\\ndocumentation as is necessary and sufficient to determine the eligible\\nchild's third party payor coverage and to seek payment from all third\\nparty payors including the medical assistance program and other\\ngovernmental agency payors.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2544", "title" : "Screening and evaluations", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2544", "activeDate" : "2014-09-22", "sequenceNo" : 843, "repealedDate" : null, "fromSection" : "2544", "toSection" : "2544", "text" : " § 2544. Screening and evaluations. 1. Each child thought to be an\\neligible child is entitled to a multidisciplinary evaluation, and the\\nearly intervention official shall ensure such evaluation, with parental\\nconsent.\\n 2. (a) The parent may select an evaluator from the list of approved\\nevaluators as described in section twenty-five hundred forty-two of this\\ntitle to conduct the evaluation. The parent or evaluator shall\\nimmediately notify the early intervention official of such selection.\\nThe evaluator may begin the evaluation no sooner than four working days\\nafter such notification, unless otherwise approved by the initial\\nservice coordinator.\\n (b) the evaluator shall designate an individual as the principal\\ncontact for the multidisciplinary team.\\n (c) If, in consultation with the evaluator, the service coordinator\\nidentifies a child that is potentially eligible for programs or services\\noffered by or under the auspices of the office for people with\\ndevelopmental disabilities, the service coordinator shall, with parent\\nconsent, notify the office for people with developmental disabilities'\\nregional developmental disabilities services office of the potential\\neligibility of such child for said programs or services.\\n 3. (a) To determine eligibility, an evaluator shall, with parental\\nconsent, either (i) screen a child to determine what type of evaluation,\\nif any, is warranted, or (ii) provide a multidisciplinary evaluation. In\\nmaking the determination whether to provide an evaluation, the evaluator\\nmay rely on a recommendation from a physician or other qualified person\\nas designated by the commissioner.\\n (b) If, based upon the screening, a child is believed to be eligible,\\nor if otherwise elected by the parent, the child shall, with the consent\\nof a parent, receive a multidisciplinary evaluation. All evaluations\\nshall be conducted in accordance with the coordinated standards and\\nprocedures and with regulations promulgated by the commissioner.\\n 4. The evaluation of each child shall:\\n (a) be conducted by personnel trained to utilize appropriate methods\\nand procedures;\\n (b) be based on informed clinical opinion;\\n (c) be made without regard to the availability of services in the\\nmunicipality or who might provide such services; and\\n (d) with parental consent, include the following:\\n (i) a review of pertinent records related to the child's current\\nhealth status and medical history;\\n (ii) an evaluation of the child's level of functioning in each of the\\ndevelopmental areas set forth in paragraph (c) of subdivision seven of\\nsection twenty-five hundred forty-one of this title;\\n (iii) an assessment of the unique needs of the child in terms of each\\nof the developmental areas set forth in paragraph (c) of subdivision\\nseven of section twenty-five hundred forty-one of this title, including\\nthe identification of services appropriate to meet those needs;\\n (iv) an evaluation of the transportation needs of the child, if any;\\nand\\n (v) such other matters as the commissioner may prescribe in\\nregulation.\\n 5. An evaluation shall not include a reference to any specific\\nprovider of early intervention services.\\n 6. Nothing in this section shall restrict an evaluator from utilizing,\\nin addition to findings from his or her personal examination, other\\nexaminations, evaluations or assessments conducted for such child,\\nincluding those conducted prior to the evaluation under this section, if\\nsuch examinations, evaluations or assessments are consistent with the\\ncoordinated standards and procedures.\\n 7. Following completion of the evaluation, the evaluator shall provide\\nthe parent and service coordinator with a copy of a summary of the full\\nevaluation. To the extent practicable, the summary shall be provided in\\nthe native language of the parent. Upon request of the parent, early\\nintervention official or service coordinator, the evaluator shall\\nprovide a copy of the full evaluation to such parent, early intervention\\nofficial or service coordinator.\\n 8. A parent who disagrees with the results of an evaluation may obtain\\nan additional evaluation or partial evaluation at public expense to the\\nextent authorized by federal law or regulation.\\n 9. Upon receipt of the results of an evaluation, a service coordinator\\nmay, with parental consent, require additional diagnostic information\\nregarding the condition of the child, provided, however, that such\\nevaluation or assessment is not unnecessarily duplicative or invasive to\\nthe child, and provided further, that:\\n (a) where the evaluation has established the child's eligibility, such\\nadditional diagnostic information shall be used solely to provide\\nadditional information to the parent and service coordinator regarding\\nthe child's need for services and cannot be a basis for refuting\\neligibility;\\n (b) the service coordinator provides the parent with a written\\nexplanation of the basis for requiring additional diagnostic\\ninformation;\\n (c) the additional diagnostic procedures are at no expense to the\\nparent; and\\n (d) the evaluation is completed and a meeting to develop an IFSP is\\nheld within the time prescribed in subdivision one of section\\ntwenty-five hundred forty-five of this title.\\n 10. (a) If the screening indicates that the infant or toddler is not\\nan eligible child and the parent elects not to have an evaluation, or if\\nthe evaluation indicates that the infant or toddler is not an eligible\\nchild, the service coordinator shall inform the parent of other programs\\nor services that may benefit such child, and the child's family and,\\nwith parental consent, refer such child to such programs or services.\\n (b) A parent may appeal a determination that a child is ineligible\\npursuant to the provisions of section twenty-five hundred forty-nine of\\nthis title, provided, however, that a parent may not initiate such\\nappeal until all evaluations are completed.\\n 11. Notwithstanding any other provision of law to the contrary, where\\na request has been made to review an IFSP prior to the six-month\\ninterval provided in subdivision seven of section twenty-five hundred\\nforty-five of this title for purposes of increasing frequency or\\nduration of an approved service, including service coordination, the\\nearly intervention official may require an additional evaluation or\\npartial evaluation at public expense by an approved evaluator other than\\nthe current provider of service, with parent consent.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2545", "title" : "Individualized family services plans (\"IFSP\")", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2545", "activeDate" : "2014-09-22", "sequenceNo" : 844, "repealedDate" : null, "fromSection" : "2545", "toSection" : "2545", "text" : " § 2545. Individualized family services plans (\"IFSP\"). 1. If the\\nevaluator determines that the infant or toddler is an eligible child,\\nthe early intervention official shall convene a meeting, at a time and\\nplace convenient to the parent, consisting of the parent, such official,\\nthe evaluator, the initial service coordinator and any other persons who\\nthe parent or the initial service coordinator, with the parent's\\nconsent, invite, provided that such meeting shall be held no later than\\nforty-five days from the date that the early intervention official was\\nfirst contacted regarding the child, except under exceptional\\ncircumstances prescribed by the commissioner. The early intervention\\nofficial, at or prior to the time of scheduling the meeting, shall\\ninform the parent of the right to invite any person to the meeting.\\n 2. The early intervention official, initial service coordinator,\\nparent and evaluator shall develop an IFSP for an eligible child whose\\nparents request services. The IFSP shall be in writing and shall\\ninclude, but not be limited to:\\n (a) a statement, based on objective criteria, of the infant's or\\ntoddler's present levels of physical development, including vision and\\nhearing; cognitive development; communication development; social or\\nemotional development; and adaptive development;\\n (b) with parental consent, a statement of the family's strengths,\\npriorities and concerns that relate to enhancing the development of the\\ninfant or toddler;\\n (c) a statement of (i) the major outcomes expected to be achieved for\\nthe child and the family, including timelines, and (ii) the criteria and\\nprocedures that will be used to determine whether progress toward\\nachieving the outcomes is being made and whether modifications or\\nrevisions of the outcomes or services are necessary;\\n (d) a statement of specific early intervention services, including\\ntransportation and the mode thereof, necessary to meet the unique needs\\nof the child and the family, including the frequency, intensity,\\nlocation and the method of delivering services;\\n (e) a statement of the natural environments, including the home and\\ncommunity settings where children without disabilities participate, in\\nwhich early intervention services shall appropriately be provided and an\\nexplanation of their appropriateness, and, where the child is in day\\ncare, a plan for qualified professionals to train the day care provider\\nto accommodate the needs of the child, where appropriate;\\n (f) a statement of other services, including but not limited to\\nmedical services, that are not required under this title but that are\\nneeded by the child and the family;\\n (g) a statement of other public programs under which the child and\\nfamily may be eligible for benefits, and a referral, where indicated;\\n (h) the projected dates for initiation of services and the anticipated\\nduration of such services;\\n (i) the name of the service coordinator selected by the parent who\\nwill be responsible for the implementation of the IFSP and coordination\\nwith other agencies and persons;\\n (j) the steps to be taken supporting the potential transition of the\\ntoddler with a disability to services provided under section forty-four\\nhundred ten of the education law or to other services, to the extent the\\nchild is thought to be eligible for such services, including:\\n (i) discussions with and education of parents regarding potential\\noptions and other matters related to the child's transition;\\n (ii) procedures to prepare the child for changes in service delivery,\\nincluding steps to help the child adjust to, and function in, a new\\nsetting; and\\n (iii) with parental consent, the transmission of information about the\\nchild to the committee on preschool special education, to ensure\\ncontinuity of services, if appropriate, including evaluation and\\nassessment information and copies of IFSPs.\\n 3. In developing the IFSP, consideration shall first be given to\\nprovision of transportation by a parent of a child to early intervention\\nservices. Other modes of transportation shall be provided if the parent\\ncan demonstrate the inability to provide appropriate transportation\\nservices.\\n 4. If the IFSP team members, including the early intervention official\\nand the parent agree on the IFSP, the IFSP shall be deemed final and the\\nservice coordinator shall be authorized to implement the plan.\\n 5. If the IFSP team members, including the early intervention official\\nand the parent do not agree on an IFSP, the service coordinator shall\\nimplement the sections of the proposed IFSP that are not in dispute, and\\nthe parent shall have the due process rights set forth in section\\ntwenty-five hundred forty-nine of this title.\\n 6. The contents of the IFSP shall be fully explained to the parent,\\nand informed consent from the parent shall be obtained prior to the\\nprovision of the early intervention services therein. If the parent does\\nnot provide such consent with respect to a particular early intervention\\nservice, then only those early intervention services with respect to\\nwhich consent is obtained shall be provided.\\n 7. The IFSP shall be reviewed at six month intervals and shall be\\nevaluated annually by the early intervention official, service\\ncoordinator, the parent and providers of services to the eligible child.\\nUpon request of a parent, the plan may be reviewed by such persons at\\nmore frequent intervals.\\n 8. If, at any time, the parent and the service coordinator agree, in\\nwriting, that the child has met all the goals set forth in the IFSP or\\nis otherwise no longer in need of services pursuant to this article, the\\nservice coordinator shall certify that the child is no longer an\\neligible child.\\n 9. A parent may, at any time during or after development of the IFSP,\\nselect a service coordinator who will become responsible for\\nimplementing the IFSP and who may be different from the initial service\\ncoordinator.\\n 10. The service coordinator shall ensure that the IFSP, including any\\namendments thereto, is implemented in a timely manner but not later than\\nthirty days after the projected dates for initiation of the services as\\nset forth in the plan.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2546", "title" : "Interim services", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2546", "activeDate" : "2014-09-22", "sequenceNo" : 845, "repealedDate" : null, "fromSection" : "2546", "toSection" : "2546", "text" : " § 2546. Interim services. 1. Early intervention services for an\\neligible child and the child's family may commence before the completion\\nof the evaluation and assessment in sections twenty-five hundred\\nforty-four and twenty-five hundred forty-five of this title, if the\\nfollowing conditions are met:\\n (a) Parental consent is obtained;\\n (b) An interim IFSP is developed that includes: (i) the name of a\\nservice coordinator who will be responsible for implementation of the\\ninterim IFSP and coordination with other agencies and persons; and (ii)\\nthe early intervention services that have been determined to be needed\\nimmediately by the child and the child's family; and\\n (c) The evaluation and assessment are completed within forty-five days\\nfrom the date the early intervention official was first contacted\\nregarding the child.\\n 2. The costs that an approved provider of early intervention services\\nincurs in providing such interim services shall be approved costs to the\\nextent they are otherwise consistent with section twenty-five hundred\\nfifty-five of this title.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2547", "title" : "Respite services", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2547", "activeDate" : "2014-09-22", "sequenceNo" : 846, "repealedDate" : null, "fromSection" : "2547", "toSection" : "2547", "text" : " § 2547. Respite services. 1. Subject to the availability of federal\\nfunds, the commissioner shall allocate a portion of such funds for\\nrespite services for families of eligible children. The commissioner\\nshall establish criteria for selecting families for such services, which\\nmay include the severity of the child's disability, the availability of\\nrespite services to the family through other programs, and the\\navailability of informal supports to the family.\\n 2. In addition to respite services provided pursuant to subdivision\\none of this section and subject to the amounts appropriated therefor,\\nthe state shall reimburse the municipality in accordance with the\\npercentage of state aid reimbursement for approved costs as set forth in\\nsubdivision two of section twenty-five hundred fifty-seven of this\\ntitle, for the costs of respite services provided to eligible children\\nand their families with the approval of the early intervention official.\\n 3. The commissioner shall contact the appropriate federal governmental\\nagencies and personnel to facilitate the availability of federal funds\\nfor respite services.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2547-A", "title" : "Day care support services", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2547-A", "activeDate" : "2014-09-22", "sequenceNo" : 847, "repealedDate" : null, "fromSection" : "2547-A", "toSection" : "2547-A", "text" : " § 2547-a. Day care support services. The commissioner shall allocate\\nup to one million dollars of federal funds for purposes of establishing\\ntwo or more demonstration programs for the provision of day care support\\nservices for eligible children which may include the use of\\nparaprofessionals to work with one or more children with disabilities\\nwithin the same setting. The commissioner, in consultation with other\\nappropriate state agencies, shall establish criteria for the selection\\nof demonstration sites for such services, such criteria to include, but\\nnot be limited to, geographic distribution, the disability severity of\\nchildren to be served by such a program and the availability of similar\\nservices from other sources.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2548", "title" : "Transition plan", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2548", "activeDate" : "2014-09-22", "sequenceNo" : 848, "repealedDate" : null, "fromSection" : "2548", "toSection" : "2548", "text" : " § 2548. Transition plan. To the extent that a toddler with a\\ndisability is thought to be eligible for services pursuant to section\\nforty-four hundred ten of the education law, the service coordinator\\nshall notify in writing the committee on preschool special education of\\nthe local school district in which an eligible child resides of the\\npotential transition of such child and, with parental consent, arrange\\nfor a conference among the service coordinator, the parent and the\\nchairperson of the preschool committee on special education or his or\\nher designee at least ninety days before such child would be eligible\\nfor services under section forty-four hundred ten of the education law\\nto review the child's program options and to establish a transition\\nplan, if appropriate. If a parent does not consent to a conference with\\nthe service coordinator and the chairperson of the preschool committee\\non special education or his or her designee to determine whether the\\nchild should be referred for services under section forty-four hundred\\nten of the education law, and the child is not determined to be eligible\\nby the committee on preschool special education for such services prior\\nto the child's third birthday, the child's eligibility for early\\nintervention program services shall end at the child's third birthday.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2549", "title" : "Due process", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2549", "activeDate" : "2014-09-22", "sequenceNo" : 849, "repealedDate" : null, "fromSection" : "2549", "toSection" : "2549", "text" : " § 2549. Due process. 1. If a parent disagrees with the determination\\nof the evaluator or the local early intervention official with regard to\\nthe eligibility for or provision of early intervention services or if\\nsuch official fails to act within such period of time as may be required\\nby this title or regulations of the commissioner, a parent may make a\\nrequest in writing for mediation or an impartial hearing to resolve the\\ndispute; provided, however, if a parent elects not to pursue mediation,\\nsuch election shall not (a) preclude a parent from requesting an\\nimpartial hearing or (b) constitute a failure to exhaust administrative\\nremedies.\\n 2. A request for mediation shall be made to the early intervention\\nofficial for the municipality in which the child resides. Upon such\\nrequest, the municipality shall notify a community dispute resolution\\ncenter designated by the commissioner to provide mediation services for\\nsuch municipality. The community dispute resolution center shall\\narrange for the mediation to be conducted at a place and time convenient\\nto the parent. Such mediation shall be at no cost to the parent. If all\\nparties agree to the terms of a mediation agreement, a copy of such\\nagreement shall be forwarded by the community dispute resolution center\\nto the participating parties and the service coordinator who shall\\nincorporate the provisions of such agreement into the IFSP no later than\\nfive days after receiving a copy of such agreement. If the parties are\\nunable to reach agreement, in full or in part, the mediator shall inform\\nthe parent of the availability of the impartial hearing procedures.\\n 3. A parent may file a written request at any time for an impartial\\nhearing with the commissioner or a designee provided, however, that a\\nrequest for a hearing to contest a determination that a child is not\\neligible for services under this title must be made within six months of\\nsuch determination. Upon receipt of such request, the commissioner, or\\nthe designee, shall promptly notify the parent, or a person designated\\nby the parent, and other appropriate parties in accordance with the\\nregulations of the commissioner. Any such notice to the parent shall be\\nprovided in the native language of such person whenever practicable and,\\nif not, in a manner to ensure notice to such person and shall include\\nbut not be limited to:\\n (a) the procedural safeguards afforded to a parent;\\n (b) the date, time and location for the impartial hearing, which shall\\nbe reasonably convenient for the parent;\\n (c) the procedures for the appointment of an impartial hearing\\nofficer; and\\n (d) the right of the parent to appeal the decision of the impartial\\nhearing to a court of competent jurisdiction.\\n 4. After receipt of notice from the commissioner of a parent's request\\nfor an impartial hearing, the early intervention official shall promptly\\nnotify the parent as to whether the municipality intends to be\\nrepresented by an attorney at such hearing.\\n 5. The impartial hearing shall be conducted by the hearing officer in\\naccordance with the regulations of the commissioner. The hearing shall\\nbe held, and a decision rendered, within thirty days after the\\ndepartment receives the request for an impartial hearing except to the\\nextent that the parent consents, in writing, to an extension. The\\ndecision shall be in writing and shall state the reasons for the\\ndecision and shall be final unless appealed by a party to the\\nproceeding. A copy of the decision reached by the hearing officer shall\\nbe mailed to the parent, any public or private agency that was a party\\nto the hearing, the service coordinator, the department and any state\\nearly intervention service agency with an interest in the decision.\\nWhere ordered by the hearing officer, the service coordinator shall\\nmodify the IFSP in accordance with the decision within five days after\\nsuch decision.\\n 6. During the pendency of any mediation or impartial hearing conducted\\npursuant to this section, the child and family shall, with parental\\nconsent, receive those early intervention services that are not in\\ndispute or that are provided pursuant to the IFSP previously in effect.\\n 7. (a) All orders or determinations made hereunder shall be subject to\\nreview as provided for in article seventy-eight of the civil practice\\nlaw and rules. In any proceeding under article seventy-eight of the\\ncivil practice law and rules, the court may grant any relief authorized\\nby the provisions of section seventy-eight hundred six of such law and\\nrules and also may, in its discretion, remand the proceedings to the\\ndepartment for further consideration upon a finding that any relevant\\nand material evidence is then available which was not previously\\nconsidered by the department.\\n (b) A parent who, after completing mediation, substantially prevails\\nin an impartial hearing or a judicial challenge to an order or\\ndetermination under this title shall be entitled to reimbursement for\\nreasonable attorney's fees incurred in such impartial hearing or\\njudicial challenge provided, however, that the parent shall only be\\nentitled to reimbursement for such fees for prevailing in an impartial\\nhearing if the municipality was represented by an attorney at such\\nimpartial hearing.\\n 8. (a) The early intervention official shall maintain the\\nconfidentiality of all personally identifiable information regarding the\\nchildren and families receiving early intervention services. The early\\nintervention official shall ensure that no information regarding the\\nconditions, services, needs, or other individual information regarding a\\nchild and family is communicated to any parties other than the service\\ncoordinator and service providers currently serving the child and\\nfamily, without the express written consent of the parent.\\n (b) Providers of service to eligible children and families shall\\nmaintain the confidentiality of all personally identifiable information\\nregarding children and families receiving their services. The provider\\nshall ensure that no information regarding the condition, services,\\nneeds, or any other individual information regarding a child and family\\nis released to any party other than the early intervention official\\nwithout the express written consent of the parent, except as\\nspecifically permitted in the coordinated standards and procedures,\\nwhich shall additionally ensure that the requirements of federal or\\nstate law which pertain to the early intervention services of the state\\nearly intervention service agencies have been maintained.\\n (c) This section shall not prohibit disclosure otherwise required by\\nlaw.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2550", "title" : "Responsibilities of lead agency", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2550", "activeDate" : "2014-09-22", "sequenceNo" : 850, "repealedDate" : null, "fromSection" : "2550", "toSection" : "2550", "text" : " § 2550. Responsibilities of lead agency. 1. The lead agency is\\nresponsible for the general administration and supervision of programs\\nand activities receiving assistance under this title, and the monitoring\\nof programs and activities used by the state to carry out this title,\\nwhether or not such programs or activities are receiving assistance made\\navailable under this title, to ensure that the state complies with the\\nprovisions of this title.\\n 2. In meeting the requirements of subdivision one of this section, the\\nlead agency shall adopt and use proper methods of administering the\\nearly intervention program, including:\\n (a) establishing standards for evaluators, service coordinators and\\nproviders of early intervention services;\\n (b) approving, and periodically re-approving evaluators, service\\ncoordinators and providers of early intervention services who meet\\ndepartment standards; provided however that the department may require\\nthat approved evaluators, service coordinators and providers of early\\nintervention services enter into agreements with the department in order\\nto conduct evaluations or render service coordination or early\\nintervention services in the early intervention program. Such agreements\\nshall set forth the terms and conditions of participation in the\\nprogram. If the department requires that such providers enter into\\nagreements with the department for participation in the program,\\n\"approval\" or \"approved\" as used in this title shall mean a provider who\\nis approved by the department in accordance with department regulations\\nand has entered into an agreement with the department for the provision\\nof evaluations, service coordination or early intervention services. The\\ndepartment shall use best efforts to ensure provider capacity in the\\nearly intervention program.\\n (c) monitoring of agencies, institutions and organizations under this\\ntitle and agencies, institutions and organizations providing early\\nintervention services which are under the jurisdiction of a state early\\nintervention service agency;\\n (d) enforcing any obligations imposed on those agencies under this\\ntitle or Part H of the federal individuals with disabilities education\\nact and its regulations;\\n (e) providing training and technical assistance to those agencies,\\ninstitutions and organizations, including initial and ongoing training\\nand technical assistance to municipalities to help enable them to\\nidentify, locate and evaluate eligible children, develop IFSPs, ensure\\nthe provision of appropriate early intervention services, promote the\\ndevelopment of new services, where there is a demonstrated need for such\\nservices and afford procedural safeguards to infants and toddlers and\\ntheir families;\\n (f) correcting deficiencies that are identified through monitoring;\\nand\\n (g) in monitoring early intervention services, the commissioner shall\\nprovide municipalities with the results of any review of early\\nintervention services undertaken and shall provide the municipalities\\nwith the opportunity to comment thereon.\\n 3. The commissioner, through a comprehensive system of personnel\\ndevelopment, shall promote the availability of qualified personnel to\\nprovide evaluations and early intervention services to eligible children\\nand their families.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2551", "title" : "Coordinated standards and procedures", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2551", "activeDate" : "2014-09-22", "sequenceNo" : 851, "repealedDate" : null, "fromSection" : "2551", "toSection" : "2551", "text" : " § 2551. Coordinated standards and procedures. 1. The state early\\nintervention service agencies shall jointly establish coordinated\\nstandards and procedures for:\\n (a) early intervention services and evaluations;\\n (b) child find system and public awareness program; and\\n (c) programs and services, operating under the approval authority of\\nany state early intervention service agency, which include any early\\nintervention services or evaluations.\\n 2. Such coordinated standards and procedures shall be designed to:\\n (a) enhance the objectives of this title, including the provision of\\nservices in natural environments to the maximum extent possible;\\n (b) minimize duplicative and inconsistent regulations and practices\\namong the state early intervention service agencies;\\n (c) conform, to the extent appropriate, to existing standards and\\nprocedures of state early intervention service agencies; and\\n (d) ensure that persons who provide early intervention services are\\ntrained, or can demonstrate proficiency in principles of early childhood\\ndevelopment.\\n 3. Coordinated standards and procedures may include guidelines\\nsuggesting appropriate early intervention services for enumerated\\ndisabilities that are most frequently found in eligible children.\\n 4. Coordinated standards and procedures may encompass or allow for\\nagreements among two or more such agencies.\\n 5. Any standards promulgated by regulation or otherwise by any state\\nearly intervention service agency governing early intervention services\\nor evaluations shall be consistent with the coordinated standards and\\nprocedures.\\n 6. In the event of an inability to agree upon any coordinated standard\\nor procedure, any state early intervention service agency may refer the\\nissue to the early intervention coordinating council for its advice with\\nrespect to the standard or procedure which the council shall provide to\\nthe early intervention service agencies affected by the issue. The\\ncommissioner, after obtaining such advice, shall adopt an appropriate\\nstandard or procedure, provided however, that the commissioner may adopt\\nan interim standard or procedure while awaiting such advice.\\n 7. The early intervention service agencies, in consultation with the\\ndirector of the budget, shall, where appropriate, require as a condition\\nof approval that evaluators and providers of early intervention services\\nparticipate in the medical assistance program.\\n 8. The coordinated standards and procedures shall permit such\\nevaluators and providers of services to rely on subcontracts or other\\nwritten agreements with qualified professionals, or agencies employing\\nsuch professionals, provided that such professionals perform their\\nresponsibilities in conformance with regulations of the commissioner and\\nthat providers and evaluators fully disclose any such arrangements,\\nincluding any financial or personal interests, on all applications for\\napproval.\\n 9. Coordinated standards and procedures may identify circumstances and\\nprocedures under which an evaluator or service provider may be\\ndisqualified under this title, including procedures whereby a\\nmunicipality may request such disqualification.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2552", "title" : "Responsibility of municipality", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2552", "activeDate" : "2014-09-22", "sequenceNo" : 852, "repealedDate" : null, "fromSection" : "2552", "toSection" : "2552", "text" : " § 2552. Responsibility of municipality. 1. Each municipality shall be\\nresponsible for ensuring that the early intervention services contained\\nin an IFSP are provided to eligible children and their families who\\nreside in such municipality. A municipality may monitor, which may\\ninclude site visitation, evaluators and providers of such services\\nwithin the municipality in accordance with this title and regulations\\npromulgated hereunder, including making the determinations specified in\\nthis section. The service coordinator shall report, in a manner and\\nformat as determined by the municipality, on the delivery of services to\\nan eligible child in accordance with the eligible child's IFSP. A\\nmunicipality may request that the parent select a new service\\ncoordinator or require that the service coordinator select a new\\nprovider of services if the municipality finds that the service\\ncoordinator has not been performing his or her responsibilities as\\nrequired by this title or that services have not been provided in\\naccordance with the eligible child's IFSP. If the early intervention\\nofficial determines that the evaluator has not followed the requirements\\nin this title or regulations promulgated hereunder, the early\\nintervention official may require that the evaluator immediately submit\\nadditional documentation to support the eligibility determination. If\\nthe evaluator does not provide the requested documentation, or the\\ndocumentation provided continues to be inconsistent with the\\nrequirements of this title or regulations, the early intervention\\nofficial can require that the parent select another evaluator to conduct\\na multidisciplinary evaluation to determine whether the child meets\\neligibility for program services.\\n 2. The early intervention official shall require an eligible child's\\nparent to furnish the parents' and eligible child's social security\\nnumbers for the purpose of the department's and municipality's\\nadministration of the program.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2553", "title" : "Early intervention coordinating council", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2016-12-02", "2017-06-02", "2018-10-05" ], "docLevelId" : "2553", "activeDate" : "2018-10-05", "sequenceNo" : 853, "repealedDate" : null, "fromSection" : "2553", "toSection" : "2553", "text" : " § 2553. Early intervention coordinating council. 1. (a) The department\\nshall establish an early intervention coordinating council.\\n (b) The council shall consist of thirty members, unless otherwise\\nrequired by federal law, appointed by the governor. At least five\\nmembers shall be parents, four of whom shall be parents of children with\\ndisabilities aged twelve or younger and one of whom shall be the parent\\nof a child with disabilities aged six or younger; at least five shall be\\nrepresentatives of public or private providers of early intervention\\nservices; at least one shall be involved in personnel preparation or\\ntraining; at least three shall be representatives of managed care plans\\nor managed care plan trade associations familiar with how claims for\\nservices provided pursuant to this title are managed; at least two shall\\nbe early intervention officials; at least two shall be members of the\\nlegislature or such members' designees; seven shall be the commissioner\\nand the commissioners of education, the office of children and family\\nservices, people with developmental disabilities, mental health,\\nalcoholism and substance abuse services and the superintendent of\\nfinancial services, or their appropriate designees with sufficient\\nauthority to engage in policy planning and implementation on behalf of\\ntheir agencies.\\n (c) The governor shall appoint ten members on the recommendation of\\nthe temporary president of the senate and the speaker of the assembly,\\neach of whom shall recommend five members as follows: one parent of a\\nchild with disabilities age twelve or younger; one representative of\\npublic or private providers of early intervention services; one\\nrepresentative of a managed care plan or managed care plan trade\\nassociation familiar with how claims for services provided pursuant to\\nthis title are managed; one member of the legislature; and one early\\nintervention official. The governor shall appoint four members on the\\nrecommendations of the minority leader of the assembly and the minority\\nleader of the senate, each of whom shall recommend two members as\\nfollows: one parent of a child with disabilities age twelve or younger;\\none representative of public or private providers of early intervention\\nservices.\\n (d) The governor shall designate a chairperson from among the members\\nof the council. All members shall serve for terms of three years. Such\\nterms shall be established so that the terms of no more than one-third\\nof the members of the council expire each year.\\n (e) A majority of the appointed voting membership of the council shall\\nconstitute a quorum.\\n 2. The council shall:\\n (a) assist the lead agency in the effective performance of the lead\\nagency's responsibilities set out under this title, including:\\n (i) identifying the sources of fiscal support for early intervention\\nservices and programs, assignment of financial responsibility to the\\nappropriate agency and promotion of interagency agreements;\\n (ii) preparing applications and amendments required pursuant to\\nfederal law;\\n (iii) advising and assisting the commissioner regarding payment\\nmethodologies established pursuant to section twenty-five hundred\\nfifty-five of this title to reimburse adequately the cost of services\\nauthorized pursuant to this article and to promote the efficient,\\neconomical, productive and stable delivery of early intervention\\nservices. The council shall convene a reimbursement advisory panel, the\\nmembers of which shall be appointed by the commissioner, to assist the\\ncouncil regarding such payment methodologies. Such panel shall consist\\nof no more than sixteen members, and shall include at least four\\nrepresentatives of municipalities, at least four representatives of\\nstatewide and regional provider organizations, and such other members as\\nthe commissioner shall deem appropriate.\\n (b) advise and assist the commissioner and other state early\\nintervention service agencies in the development of coordinated\\nstandards and procedures pursuant to section twenty-five hundred\\nfifty-one of this title in order to promote the full participation and\\ncooperation of such agencies;\\n (c) advise and assist the commissioner and the commissioner of\\neducation regarding the transition of toddlers with disabilities to\\nservices provided under section forty-four hundred ten of the education\\nlaw, to the extent such services are appropriate;\\n (d) advise and assist the commissioner in identifying barriers that\\nimpede timely and effective service delivery, including advice and\\nassistance with regard to interagency disputes; and\\n (e) prepare and submit an annual report to the governor and\\nlegislature on the status of the early intervention program.\\n 3. The council shall meet at least four times a year. Special meetings\\nmay be called by the chairperson and shall be called at the request of\\nthe commissioner.\\n 4. At least sixty days prior to the commissioner's final approval of\\nrules and regulations pursuant to this title, other than emergency rules\\nand regulations, the commissioner shall submit proposed rules and\\nregulations to the council for its review. The council shall review all\\nproposed rules and regulations and report its recommendations thereon to\\nthe commissioner within sixty days. The commissioner shall not act in a\\nmanner inconsistent with the recommendations of the council without\\nfirst providing the reasons therefor. The council, upon a majority vote\\nof its members, may require that an alternative approach to the proposed\\nrules and regulations be published with a notice of the proposed rules\\nand regulations pursuant to section two hundred two of the state\\nadministrative procedure act. When an alternative approach is published\\npursuant to this section, the commissioner shall state the reasons for\\nnot selecting such alternative approach.\\n 5. The members of the council shall be allowed their reasonable and\\nnecessary expenses incurred in the performance of their duties\\nhereunder.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2554", "title" : "Local early intervention coordinating councils", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2554", "activeDate" : "2014-09-22", "sequenceNo" : 854, "repealedDate" : null, "fromSection" : "2554", "toSection" : "2554", "text" : " § 2554. Local early intervention coordinating councils. 1. A local\\nearly intervention coordinating council shall be established in each\\nmunicipality. The council shall consist of members appointed by the\\nearly intervention official. At least four members of each council shall\\nbe parents of infants or toddlers with disabilities or of children aged\\nthree through twelve with disabilities. Each council shall also include\\nat least three public or private providers of early intervention\\nservices, at least one child care provider or representative of child\\ncare providers, the chief executive officers or their designees of the\\nmunicipality's departments of social services, health and mental\\nhygiene, a representative from the local developmental disabilities\\nservices office and a representative from one or more committees on\\npreschool special education of local school districts in the\\nmunicipality. A local body which has been previously constituted may\\nserve this purpose if it has the appropriate members. The commissioner,\\nin his or her discretion, may waive one or more of the foregoing\\nmembership composition requirements in those municipalities where such\\nrequirements cannot reasonably be met.\\n 2. The local early intervention coordinating council shall meet, in\\nopen forum, at least four times a year for its first two years of\\nexistence.\\n 3. The council shall advise the early intervention official regarding:\\n (a) the planning for, delivery and assessment of the early\\nintervention services for eligible children and their families,\\nincluding the transition from early intervention services to services\\nand programs under section forty-four hundred ten of the education law\\nand other early childhood programs;\\n (b) the identification of service delivery reforms needed to promote\\nthe availability of early intervention services within natural\\nenvironments;\\n (c) the coordination of public and private agencies; and\\n (d) such other matters relating to early intervention policies and\\nprocedures within the municipality as are brought to its attention by\\nparents, providers, public agencies or others.\\n 4. The council will report annually to the early intervention official\\non the adequacy of the early intervention system to ensure the\\navailability of family centered, coordinated services; and interface\\nwith other existing planning bodies that serve like populations.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2556", "title" : "Administrative costs", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2556", "activeDate" : "2014-09-22", "sequenceNo" : 855, "repealedDate" : null, "fromSection" : "2556", "toSection" : "2556", "text" : " § 2556. Administrative costs. On or after July first, nineteen\\nhundred ninety-four, and annually thereafter, municipalities shall be\\neligible for reimbursement for administrative costs exclusive of due\\nprocess costs incurred during the preceding year pursuant to this title.\\nSuch reimbursement shall be made in the first instance from any federal\\nfunds available for such purpose, as determined by the commissioner. To\\nthe extent that such federal funds are not sufficient or available to\\nreimburse a municipality for such administrative costs, reimbursement\\nshall be made with state funds in an amount up to, but not exceeding,\\none hundred dollars for each eligible child served in such preceding\\nyear.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2557", "title" : "Financial responsibility and reimbursement", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2022-01-07" ], "docLevelId" : "2557", "activeDate" : "2014-09-22", "sequenceNo" : 856, "repealedDate" : null, "fromSection" : "2557", "toSection" : "2557", "text" : " § 2557. Financial responsibility and reimbursement. 1. The approved\\ncosts for an eligible child who receives an evaluation and early\\nintervention services pursuant to this title shall be a charge upon the\\nmunicipality wherein the eligible child resides or, where the services\\nare covered by the medical assistance program, upon the social services\\ndistrict of fiscal responsibility with respect to those eligible\\nchildren who are also eligible for medical assistance. All approved\\ncosts shall be paid in the first instance and at least quarterly by the\\nappropriate governing body or officer of the municipality upon vouchers\\npresented and audited in the same manner as the case of other claims\\nagainst the municipality. Notwithstanding the insurance law or\\nregulations thereunder relating to the permissible exclusion of payments\\nfor services under governmental programs, no such exclusion shall apply\\nwith respect to payments made pursuant to this title. Notwithstanding\\nthe insurance law or any other law or agreement to the contrary,\\nbenefits under this title shall be considered secondary to any plan of\\ninsurance or state government benefit program under which an eligible\\nchild may have coverage. Nothing in this section shall increase or\\nenhance coverages provided for within an insurance contract subject to\\nthe provisions of this title.\\n 2. The department shall reimburse the approved costs paid by a\\nmunicipality for the purposes of this title, other than those\\nreimbursable by the medical assistance program or by third party payors,\\nin an amount of fifty percent of the amount expended in accordance with\\nthe rules and regulations of the commissioner; provided, however, that\\nin the discretion of the department and with the approval of the\\ndirector of the division of the budget, the department may reimburse\\nmunicipalities in an amount greater than fifty percent of the amount\\nexpended. Such state reimbursement to the municipality shall not be paid\\nprior to April first of the year in which the approved costs are paid by\\nthe municipality, provided, however that, subject to the approval of the\\ndirector of the budget, the department may pay such state aid\\nreimbursement to the municipality prior to such date.\\n 3. The department may perform audits, which may include site\\nvisitation, to all or any of the following: municipalities; service\\ncoordinators; evaluators or providers of early intervention services.\\nThe department shall provide the municipalities with a copy of the\\nfindings of such audits. Early intervention program state aid\\nreimbursement or portion thereof may be withheld if, on post-audit and\\nreview, the commissioner finds that the early intervention services were\\nnot provided or those provided were not in substantial conformance with\\nthe rules and regulations established by the commissioner or that the\\nrecipient of such services was not an eligible child as defined in\\nsection twenty-five hundred forty-one of this title. In the event that\\nthe commissioner determines that there may be a withholding of state\\nreimbursement to any municipality under this section, he shall inform\\nthe state early intervention coordinating council and the relevant local\\nearly intervention coordinating council and shall consider alternative\\ncourses of action recommended within sixty days by either body prior to\\nwithholding state reimbursement.\\n 3-a. Each municipality may perform an audit, which may include site\\nvisitation, of evaluators and providers of such services within its\\nmunicipality in accordance with standards established by the\\ncommissioner. The municipality shall submit the results of any such\\naudit to the commissioner for review and, if warranted, adjustments in\\nstate aid reimbursement pursuant to subdivision three of this section,\\nas well as for recovery by the municipality of its share of any\\ndisallowances identified in such audit.\\n 5. (a) The commissioner, in his or her discretion, is authorized to\\ncontract with one or more entities to act as the fiscal agent for the\\ndepartment and municipalities with respect to fiscal management and\\npayment of early intervention claims. Municipalities shall grant\\nsufficient authority to the fiscal agent to act on their behalf.\\nMunicipalities, and individual and agency providers as defined by the\\ncommissioner in regulation shall utilize such fiscal agent for payment\\nof early intervention claims as determined by the department and shall\\nprovide such information and documentation as required by the department\\nand necessary for the fiscal agent to carry out its duties.\\n (b) Notwithstanding any inconsistent provision of section one hundred\\ntwelve or one hundred sixty-three of the state finance law, sections one\\nhundred forty-two and one hundred forty-three of the economic\\ndevelopment law, or any other contrary provision of law, the\\ncommissioner is authorized to enter into a contract or contracts under\\nparagraph (a) of this subdivision without a competitive bid or request\\nfor proposal process, provided, however, that:\\n (i) The department shall post on its website, for a period of no less\\nthan thirty days:\\n (1) A description of the proposed services to be provided pursuant to\\nthe contract or contracts;\\n (2) The criteria for selection of a contractor or contractors;\\n (3) The period of time during which a prospective contractor may seek\\nselection, which shall be no less than thirty days after such\\ninformation is first posted on the website; and\\n (4) The manner by which a prospective contractor may seek such\\nselection, which may include submission by electronic means;\\n (ii) All reasonable and responsive submissions that are received from\\nprospective contractors in a timely fashion shall be reviewed by the\\ncommissioner; and\\n (iii) The commissioner shall select such contractor or contractors\\nthat, in his or her discretion, are best suited to serve the purposes of\\nthis section.\\n (c) Paragraph (b) of this subdivision shall apply only to the initial\\ncontract or contracts necessary to obtain the services of a fiscal agent\\nfor early intervention program fiscal management and payment of early\\nintervention claims and shall not apply to subsequent contracts needed\\nto maintain such services, as determined by the commissioner in his or\\nher discretion.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2558", "title" : "Responsibility for certain temporary-resident infants and toddlers with disabilities", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2558", "activeDate" : "2014-09-22", "sequenceNo" : 857, "repealedDate" : null, "fromSection" : "2558", "toSection" : "2558", "text" : " § 2558. Responsibility for certain temporary-resident infants and\\ntoddlers with disabilities. 1. Definitions. In addition to the\\ndefinitions contained in section twenty-five hundred forty-one of this\\ntitle, the following terms shall have the following meanings:\\n (a) \"Foster child\" shall mean a child in the care, custody or\\nguardianship of a commissioner of a local social services district.\\n (b) \"Homeless child\" shall mean a child placed in a hotel, motel,\\nshelter, or other temporary housing arrangement by a social services\\ndistrict because of the unavailability of permanent housing.\\n (c) \"Municipality of current location\" shall mean a municipality in\\nwhich a child lives which is different from the municipality in which a\\nchild or such child's family lived at the time a social services\\ndistrict assumed responsibility for the placement of such child or\\nfamily or at the time the child was admitted for care or treatment in a\\nfacility licensed or operated by another state agency.\\n (d) \"Municipality of residence\" shall mean the municipality in which a\\nchild or such child's family lived at the time the local social services\\ndistrict assumed responsibility or custody for such child or family or\\nat the time the child was admitted for care or treatment in a facility\\nlicensed or operated by another state agency.\\n (e) \"Child in residential care\" shall mean an infant or toddler living\\nin a residential facility licensed or operated by a state agency. For\\nthe purposes of subdivisions two, three and four of this section, a\\nchild in residential care shall be deemed to be a homeless child.\\n 2. Evaluation and IFSP responsibility. The municipality of current\\nlocation of a foster child or homeless child shall be responsible for\\nthe evaluation and IFSP procedures prescribed for an infant or toddler\\nsuspected of having a disability. The municipality of current location\\nshall identify to the commissioner each eligible foster child or\\nhomeless child, and the municipality of current location of such child\\nshall also transmit a copy of the IFSP and cost of service of such child\\nto the municipality of residence.\\n 3. Contract and payment responsibility. The municipality of current\\nlocation shall be the municipality of record for an eligible foster\\nchild or homeless child for the purposes of this title, provided that\\nnotwithstanding the provision of subdivision two of section twenty-five\\nhundred fifty-seven of this title, the state shall reimburse one hundred\\npercent of the approved costs paid by such municipality which shall be\\noffset by the local contribution due pursuant to subdivision four of\\nthis section.\\n 4. Local contribution. The municipality of residence shall be\\nfinancially responsible for the local contribution in the amount of\\nfifty percent of the amount expended provided, however, that in the\\ndiscretion of the department and with the approval of the director of\\nthe division of the budget, in accordance with subdivision two of\\nsection twenty-five hundred fifty-seven of this title, the department\\nmay require that municipalities be financially responsible for a local\\ncontribution in an amount less than fifty percent of the amount\\nexpended. The commissioner shall certify to the comptroller the amount\\nof the local contribution owed by each municipality to the state. The\\ncomptroller shall deduct the amount of such local contribution first\\nfrom any moneys due the municipality pursuant to section twenty-five\\nhundred fifty-six of this title and then from any other moneys due or to\\nbecome due to the municipality.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2559", "title" : "Third party insurance and medical assistance program payments", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2019-12-20", "2022-01-07" ], "docLevelId" : "2559", "activeDate" : "2014-09-22", "sequenceNo" : 858, "repealedDate" : null, "fromSection" : "2559", "toSection" : "2559", "text" : " § 2559. Third party insurance and medical assistance program payments.\\n1. Nothing in this title shall be construed to permit the department or\\nany other state agency or municipality to reduce medical assistance or\\nother assistance or services available to eligible children.\\n 2. Notwithstanding any other provisions of law, costs incurred for\\nearly intervention services that otherwise qualify as medical assistance\\nthat are furnished to an eligible child who is also eligible for\\nbenefits pursuant to title eleven of article five of the social services\\nlaw are considered to be medical assistance for purposes of payments to\\nproviders and state reimbursement to the extent that federal financial\\nparticipation is available therefor.\\n 3. (a) Providers of evaluations and early intervention services,\\nhereinafter collectively referred to in this subdivision as \"provider\"\\nor \"providers\", shall in the first instance and where applicable, seek\\npayment from all third party payors including governmental agencies\\nprior to claiming payment from a given municipality for evaluations\\nconducted under the program and for services rendered to eligible\\nchildren, provided that, the obligation to seek payment shall not apply\\nto a payment from a third party payor who is not prohibited from\\napplying such payment, and will apply such payment, to an annual or\\nlifetime limit specified in the insured's policy.\\n (i) Parents shall provide the municipality and service coordinator\\ninformation on any insurance policy, plan or contract under which an\\neligible child has coverage.\\n (ii) Parents shall provide the municipality and the service\\ncoordinator with a written referral from a primary care provider as\\ndocumentation, for eligible children, of the medical necessity of early\\nintervention services.\\n (iii) providers shall utilize the department's fiscal agent and data\\nsystem for claiming payment for evaluations and services rendered under\\nthe early intervention program.\\n (b) The commissioner, in consultation with the director of budget and\\nthe superintendent of financial services, shall promulgate regulations\\nproviding public reimbursement for deductibles and copayments which are\\nimposed under an insurance policy or health benefit plan to the extent\\nthat such deductibles and copayments are applicable to early\\nintervention services.\\n (c) Payments made for early intervention services under an insurance\\npolicy or health benefit plan, including payments made by the medical\\nassistance program or other governmental third party payor, which are\\nprovided as part of an IFSP pursuant to section twenty-five hundred\\nforty-five of this title shall not be applied by the insurer or plan\\nadministrator against any maximum lifetime or annual limits specified in\\nthe policy or health benefits plan, pursuant to section eleven of the\\nchapter of the laws of nineteen hundred ninety-two which added this\\ntitle.\\n (d) A municipality, or its designee, and a provider shall be\\nsubrogated, to the extent of the expenditures by such municipality or\\nfor early intervention services furnished to persons eligible for\\nbenefits under this title, to any rights such person may have or be\\nentitled to from third party reimbursement. The provider shall submit\\nnotice to the insurer or plan administrator of his or her exercise of\\nsuch right of subrogation upon the provider's assignment as the early\\nintervention service provider for the child. The right of subrogation\\ndoes not attach to benefits paid or provided under any health insurance\\npolicy or health benefits plan prior to receipt of written notice of the\\nexercise of subrogation rights by the insurer or plan administrator\\nproviding such benefits.\\n 4. Notwithstanding any other provision of law, the commissioner,\\npursuant to a memorandum of understanding with the commissioner of the\\noffice of mental retardation and developmental disabilities, shall\\ndevelop and submit a medicaid home and community based services waiver,\\npursuant to section 1915c of the social security act, for the purpose of\\ncreating a waiver program to provide and finance services for children\\nwho qualify for the early intervention program. In further establishing\\neligibility criteria under the waiver program, the commissioner, in\\nconjunction with the commissioner of the office of mental retardation\\nand developmental disabilities, shall establish health, developmental\\nand psycho-social criteria which shall permit the broadest eligibility\\nbased on criteria for the early intervention program and federal\\nstandards for participation in a waiver program. The waiver application\\nshall be submitted pursuant to section 1915c of the social security act\\nno later than January first, two thousand four.\\n 5. Notwithstanding any law to the contrary, there is hereby\\nestablished an early intervention demonstration project to be conducted\\nin Albany, Montgomery, Rensselaer, Saratoga and Schenectady Counties.\\nSuch project shall be for the purposes of facilitating coverage\\neligibility determinations and claims submissions for early intervention\\nservices. The commissioner is hereby authorized and directed to\\nfacilitate and, within the amounts appropriated, shall award grant funds\\nfor the implementation and operation of such demonstration project which\\nshall be conducted by an association representative of health\\nmaintenance organizations licensed under article forty-four of this\\nchapter and article forty-three of the insurance law in conjunction with\\nthe commissioner and the counties specified in this subdivision.\\n Such demonstration shall include the development of an integrated web\\nportal enabling access to health plan data bases to facilitate coverage\\neligibility, benefit determinations and claims submission and\\nprocessing. Such access shall be subject to all federal and state laws\\nfor the confidentiality of personal and medical record information. The\\ndemonstration will develop technology solutions to facilitate coverage\\ndeterminations and streamline and monitor claims processes and payment.\\n The association conducting the demonstration, the commissioner and\\nparticipating counties shall submit a report to the temporary president\\nof the senate and the speaker of the assembly, not later than one year\\nfollowing the commencement of the program's operation, describing the\\nexperiences, feasibility and advisability of replication, and any\\nadditional recommendations for continuation, modification or cessation\\nof the program.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2559-A", "title" : "Transportation", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2559-A", "activeDate" : "2014-09-22", "sequenceNo" : 859, "repealedDate" : null, "fromSection" : "2559-A", "toSection" : "2559-A", "text" : " § 2559-a. Transportation. The municipality in which an eligible child\\nresides shall, beginning with the first day of service, provide either\\ndirectly, by contract, or through reimbursement at a mileage rate\\nauthorized by the municipality for the use of a private vehicle or for\\nother reasonable transportation costs, for suitable transportation\\npursuant to section twenty-five hundred forty-five of this title. All\\ncontracts for transportation of such children shall be provided pursuant\\nto the procedures set forth in section two hundred thirty-six of the\\nfamily court act, using the date on which the child's IFSP is\\nimplemented, in lieu of the date the court order was issued; provided,\\nhowever, that the city of New York shall provide such transportation in\\naccordance with the provisions of chapter one hundred thirty of the laws\\nof nineteen hundred ninety-two, if applicable.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2559-B", "title" : "Regulations", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2559-B", "activeDate" : "2014-09-22", "sequenceNo" : 860, "repealedDate" : null, "fromSection" : "2559-B", "toSection" : "2559-B", "text" : " § 2559-b. Regulations. The commissioner may adopt regulations\\nnecessary to carry out the provisions of this title. In promulgating\\nsuch regulations, the commissioner shall incorporate coordinated\\nstandards and procedures, where applicable, and shall consider the\\nregulations, guidelines and operating procedures of other state agencies\\nthat administer or supervise the administration of services to infants,\\ntoddlers and preschool children to ensure that families, service\\nproviders and municipalities are not unnecessarily required to meet\\ndiffering eligibility, reporting or procedural requirements.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 22 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A25T3", "title" : "Control of Midwifery", "docType" : "TITLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3", "activeDate" : "2014-09-22", "sequenceNo" : 861, "repealedDate" : null, "fromSection" : null, "toSection" : null, "text" : " TITLE III\\n CONTROL OF MIDWIFERY\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A25T4", "title" : "Institutions For Children", "docType" : "TITLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4", "activeDate" : "2014-09-22", "sequenceNo" : 862, "repealedDate" : null, "fromSection" : "2570", "toSection" : "2575", "text" : " TITLE IV\\n INSTITUTIONS FOR CHILDREN\\nSection 2570. Children's institutions; regular physician required.\\n 2571. Children's institutions; examination of children on\\n admission.\\n 2573. Children's institutions; inspections; reports.\\n 2574. Children's institutions; environmental sanitation.\\n 2575. Children's institutions; duty of local health officer.\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2570", "title" : "Children's institutions; regular physician required", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2570", "activeDate" : "2014-09-22", "sequenceNo" : 863, "repealedDate" : null, "fromSection" : "2570", "toSection" : "2570", "text" : " § 2570. Children's institutions; regular physician required. 1. Every\\ninstitution in this state, operated for the express purpose of receiving\\nor caring for dependent, neglected or destitute children or juvenile\\ndelinquents, except hospitals, shall have attached thereto a regular\\nphysician of its selection duly licensed under the laws of the state and\\nin good professional standing, whose name and address shall be kept\\nposted conspicuously within such institution.\\n 2. The words \"juvenile delinquents\" used in this article shall include\\nall children whose commitment to an institution is authorized by law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2571", "title" : "Children's institutions; examination of children on admission", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2571", "activeDate" : "2014-09-22", "sequenceNo" : 864, "repealedDate" : null, "fromSection" : "2571", "toSection" : "2571", "text" : " § 2571. Children's institutions; examination of children on admission.\\n1. The administrative officer or person in charge of every institution\\nin this state operated for the express purpose of receiving or caring\\nfor dependent, neglected or destitute children or juvenile delinquents,\\nexcept hospitals, upon receiving a child therein, by commitment or\\notherwise, shall, before permitting such child to contact with other\\nchildren, cause inquiry to be made concerning the presence or recent\\nexposure of such child to a communicable disease.\\n 2. If, on the basis of such inquiry, there is reason to suspect that\\nsuch child may be ill or recently exposed to a communicable disease,\\nsuch child shall not be permitted to contact other children until so\\nauthorized by the regular physician of the institution. A record of the\\nresults of all such inquiries and examinations shall be kept on file in\\nthe institution.\\n 3. A thorough medical examination shall be performed on all children\\neither immediately prior to admission to the institution or shortly\\nthereafter.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2573", "title" : "Children's institutions; inspections; reports", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2573", "activeDate" : "2014-09-22", "sequenceNo" : 865, "repealedDate" : null, "fromSection" : "2573", "toSection" : "2573", "text" : " § 2573. Children's institutions; inspections; reports. 1. The\\nadministrative officer or person in charge and the regular physician of\\nevery institution caring for children referred to in this article shall\\nmake such reports concerning the physical condition and health of the\\nchildren and the environmental sanitation of the institution as may be\\nrequired by the state health commissioner, local health officer or\\nhealth commissioner having jurisdiction.\\n 2. In conjunction with the state department having general\\nsupervision, the commissioner may make inspection of such institutions\\nfrom time to time with respect to the physical health and condition of\\nthe children and the environmental sanitation of the institution or he\\nmay direct that such inspections be made by the health officer having\\njurisdiction.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2574", "title" : "Children's institutions; environmental sanitation", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2574", "activeDate" : "2014-09-22", "sequenceNo" : 866, "repealedDate" : null, "fromSection" : "2574", "toSection" : "2574", "text" : " § 2574. Children's institutions; environmental sanitation. Every\\ninstitution caring for children referred to in this article shall comply\\nwith such orders, rules and regulations respecting water supply, milk\\nsupply, sewerage disposal, food handling, and other sanitary matters as\\nare established by the state or local sanitary codes, rules or\\nregulations or, in the case of milk supply, rules and regulations of the\\ncommissioner of agriculture and markets.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2575", "title" : "Children's institutions; duty of local health officer", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2575", "activeDate" : "2014-09-22", "sequenceNo" : 867, "repealedDate" : null, "fromSection" : "2575", "toSection" : "2575", "text" : " § 2575. Children's institutions; duty of local health officer. 1. The\\ncounty, part-county, city (over fifty thousand population) health\\ncommissioner or district state health officer within whose jurisdiction\\nany institution for the care of children, referred to in this article,\\nis situated, shall immediately investigate any complaint against the\\nmanagement of the institution as to the existence of any condition\\ntherein dangerous or detrimental to life or health.\\n 2. If after such investigation, such health commissioner or health\\nofficer is satisfied that a condition exists therein which is dangerous\\nor detrimental to life or health, he shall cause the said condition to\\nbe remedied without delay.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 5 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A25T5", "title" : "Children With Physical Disabilities", "docType" : "TITLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "5", "activeDate" : "2014-09-22", "sequenceNo" : 868, "repealedDate" : null, "fromSection" : "2580", "toSection" : "2584", "text" : " TITLE V\\n CHILDREN WITH PHYSICAL DISABILITIES\\nSection 2580. Children with physical disabilities; policy.\\n 2581. Children with physical disabilities; definitions.\\n 2582. Children with physical disabilities; duty of the\\n department.\\n 2583. Children with physical disabilities; rules and\\n regulations; limitations.\\n 2584. Children with physical disabilities; transportation.\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2580", "title" : "Children with physical disabilities; policy", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2580", "activeDate" : "2014-09-22", "sequenceNo" : 869, "repealedDate" : null, "fromSection" : "2580", "toSection" : "2580", "text" : " § 2580. Children with physical disabilities; policy. It is the policy\\nof the state of New York to provide medical service for the treatment\\nand rehabilitation of children with physical disabilities.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2581", "title" : "Children with physical disabilities; definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2022-07-29" ], "docLevelId" : "2581", "activeDate" : "2014-09-22", "sequenceNo" : 870, "repealedDate" : null, "fromSection" : "2581", "toSection" : "2581", "text" : " § 2581. Children with physical disabilities; definitions. As used in\\nthis article: 1. \"Children with physical disabilities\" means any persons\\nunder twenty-one years of age who are disabled by reason of a defect or\\ndisability, whether congenital or acquired by accident, injury, or\\ndisease, or who are suffering from long-term disease, including, but\\nwithout limiting the generality of the foregoing, chronic granulomatous,\\ncystic fibrosis, epidermolysis bullosa, muscular dystrophy, nephrosis,\\nrheumatic fever and rheumatic heart disease, blood dyscrasies, cancer,\\nlymphatic diseases, including, but not limited to: insufficiency of\\nlymphatic circulatory function (to include all forms of lymphedema, both\\nprimary and secondary); lipedema; complex vascular diseases of the\\nlymphatic vasculature, including lymphangiomatosis,\\nlymphangioleio-myomatosis, lymphangiectasias, lymphangiomas, cystic\\nhygromas, Gorham's disease, lymphangiosarcoma, and complex\\nvascular/lymphatic malformations and syndromes, brain injured, and\\nchronic asthma, or from any disease or condition likely to result in a\\ndisability in the absence of treatment, provided, however, no child\\nshall be deprived of a service under the provisions of this chapter\\nsolely because of the degree of mental retardation.\\n 2. \"Medical service\" means such diagnostic, therapeutic, and\\nrehabilitative care by medical and paramedical personnel, including\\nhospital and related care, and drugs, prostheses, appliances, equipment\\nand devices as necessary.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2582", "title" : "Children with physical disabilities; duty of the department", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2582", "activeDate" : "2014-09-22", "sequenceNo" : 871, "repealedDate" : null, "fromSection" : "2582", "toSection" : "2582", "text" : " § 2582. Children with physical disabilities; duty of the department.\\n1. The department shall on its own initiative provide, within the limits\\nof the appropriations made therefor, such medical service for children\\nwith physical disabilities as in the judgment of the commissioner is\\nneeded.\\n 2. The commissioner of health of any county or part-county health\\ndistrict or, in a county lacking a county or part-county health\\ndistrict, the medical director of the program for children with physical\\ndisabilities, or the department of health of the city of New York, may\\nissue authorizations for medical service for children with physical\\ndisabilities, and the expenses thereof, when approved by such health\\ncommissioner, department of health or medical director and duly audited,\\nshall be a charge upon the county, or upon the city of New York if such\\nbe the case, wherein the children are domiciled at the time application\\nis made for such medical service.\\n 3. Such health commissioner, department of health or county medical\\ndirector may determine and order that the person or persons charged with\\nthe liability under the laws to support such child shall pay a part or\\nall of such expenses. A parent or other person who is ordered to\\ncontribute to the cost of medical service authorized by this section may\\npetition the family court , pursuant to section two hundred thirty-two\\nof the family court act, for review of the order. Whenever a parent or\\nother person who is ordered to contribute to the cost of medical service\\nauthorized by this section fails to make such contribution, the health\\ncommissioner, department of health or medical director may apply to the\\nfamily court, pursuant to section two hundred thirty-two of the family\\ncourt act, for an order compelling such contribution. The amount\\nauthorized to be paid for medical service shall be in full payment\\nthereof and shall be accepted by the person or corporation furnishing\\nsuch service in full payment thereof when any payment is made under such\\nauthorization by the county or by the city of New York, and no such\\nperson or corporation shall ask or receive directly or indirectly any\\nother or additional compensation.\\n 4. When the commissioner of health of any county or part-county health\\ndistrict, or, in a county lacking a county or part-county health\\ndistrict, the medical director of the program for children with physical\\ndisabilities, or the department of health of the city of New York, shall\\nissue authorizations for medical service for children with physical\\ndisabilities, the commissioner, if he approves such authorizations,\\nshall certify to such effect, copies of which certification shall be\\nfiled with the clerk of the board of supervisors or other governing\\nelective body of the county or chief fiscal officer of the city of New\\nYork and with the commissioner.\\n 5. The medical service provided for in any authorization issued\\npursuant to subdivision two may be furnished and completed even though\\nthe person for whom such service is to be provided under such\\nauthorization shall have thereafter attained the age of twenty-one\\nyears; provided, however, that no such authorization shall provide for\\ntreatment beyond eighteen months from the date thereof.\\n 6. The circumstance that a child is not eligible for medical\\nassistance pursuant to the provisions of title eleven of article five of\\nthe social services law shall not be a bar to the furnishing and\\ncompletion of the medical assistance for children with physical\\ndisabilities authorized by this title.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2583", "title" : "Children with physical disabilities; rules and regulations; limitations", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2583", "activeDate" : "2014-09-22", "sequenceNo" : 872, "repealedDate" : null, "fromSection" : "2583", "toSection" : "2583", "text" : " § 2583. Children with physical disabilities; rules and regulations;\\nlimitations. 1. Such service shall be provided in accordance with rules\\nand regulations established by the commissioner. The commissioner's\\nrules and regulations may relate to:\\n (a) the defects, disabilities, diseases and conditions eligible under\\nthe program and the type and extent of care that may be offered.\\n (b) qualifications of professional personnel, both medical and\\nparamedical.\\n (c) standards of institutional care, whether in general hospitals,\\nspecial hospitals, long-term care facilities, or such other special\\nfacilities, whether inpatient or outpatient, as may be needed to obtain\\nthe services required.\\n (d) limitations on the amount of professional fees, and on rates in\\ngeneral hospitals, special hospitals, long-term care facilities and\\nspecial facilities for which reimbursement may be made under this\\narticle.\\n (e) standards and procedures for administration of programs for\\nchildren with physical disabilities.\\n 2. Sections two thousand five hundred eighty to two thousand five\\nhundred eighty-three, inclusive, and section six hundred sixty, of this\\nchapter, shall not apply to:\\n (a) children requiring permanent custodial care.\\n (b) children institutionalized in mental, correctional or penal\\ninstitutions of the state of New York.\\n (c) children who, in the judgment of the commissioner, may not be\\nexpected to benefit from medical service.\\n (d) children whose parents or guardians object to medical services\\nbecause of exclusive dependence for healing on the practice of religious\\ntenets of any church.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2584", "title" : "Children with physical disabilities; transportation", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2584", "activeDate" : "2014-09-22", "sequenceNo" : 873, "repealedDate" : null, "fromSection" : "2584", "toSection" : "2584", "text" : " § 2584. Children with physical disabilities; transportation. 1. The\\ndepartment shall on its own initiative provide, within the limits of the\\nappropriations made therefor, such transportation for such children with\\nphysical disabilities as in the judgment of the commissioner is needed\\nto such places wherein the medical services outlined in section two\\nthousand five hundred eighty-one of this chapter are administered or\\nprovided to such children.\\n 2. When the commissioner of health of any county or part-county health\\ndistrict or the medical director of the program for children with\\nphysical disabilities, or the department of health of the city of New\\nYork, in pursuance of section two thousand five hundred eighty-two of\\nthis chapter, shall issue an authorization for medical service for any\\nchild with physical disabilities, including among the expenses thereof\\ntransportation necessary to obtain such services, the commissioner, if\\nhe approves such order, shall issue a certificate to such effect, copies\\nof which shall be filed with the clerk of the board of supervisors or\\nother governing elective body of the county or chief fiscal officer of\\nthe city of New York and one in the office of the commissioner.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 5 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A25T6*", "title" : "Federal Child Care and Adult Food Program", "docType" : "TITLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6*", "activeDate" : "2014-09-22", "sequenceNo" : 874, "repealedDate" : null, "fromSection" : "2585", "toSection" : "2589", "text" : " * TITLE VI\\n FEDERAL CHILD CARE AND ADULT FOOD PROGRAM\\nSection 2585. Federal child care and adult food program; establishment.\\n 2586. Definitions.\\n 2587. Program approval.\\n 2588. Reimbursement.\\n 2589. Rules and regulations.\\n * NB There are 2 Article VI's\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2585", "title" : "Federal child care and adult food progam; establishment", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2585", "activeDate" : "2014-09-22", "sequenceNo" : 875, "repealedDate" : null, "fromSection" : "2585", "toSection" : "2585", "text" : " § 2585. Federal child care and adult food progam; establishment.\\nThere is hereby established within the department the federal child care\\nand adult food program for the purpose of providing nutritious meals to\\nchildren and adults in or under the auspices of institutions providing\\nday care. The commissioner is authorized to develop and submit the plan\\nrequired for participation in the federal child care and adult food\\nprogram (42 USCS § 1766). The commissioner is authorized to take any\\naction necessary or consistent with federal law, rule and regulation, to\\nimplement the provisions of this title.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2586", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2586", "activeDate" : "2014-09-22", "sequenceNo" : 876, "repealedDate" : null, "fromSection" : "2586", "toSection" : "2586", "text" : " § 2586. Definitions. As used in this title, the following terms shall\\nhave the following meanings, unless the context clearly requires\\notherwise:\\n 1. \"Eligible institution\" means any child or adult day care\\ninstitution defined in federal law, rule or regulations eligible to\\nreceive cash assistance under the federal child care and adult food\\nprogram. A child day care program shall be licensed by the department of\\nsocial services or licensed or otherwise approved by a state or local\\ngovernment agency or shall operate under the auspices of a sponsoring\\norganization licensed by the department of social services. An adult day\\ncare program shall be licensed and approved by the department or other\\nstate agency or shall operate under the auspices of a sponsoring\\norganization licensed or approved by the department or other state\\nagency.\\n 2. \"Program\" means the federal child care and adult food program. (42\\nUSCS § 1766).\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2587", "title" : "Program approval", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2587", "activeDate" : "2014-09-22", "sequenceNo" : 877, "repealedDate" : null, "fromSection" : "2587", "toSection" : "2587", "text" : " § 2587. Program approval. 1. Eligible institutions seeking cash\\nassistance under the program shall submit an application to the\\ncommissioner. Such application shall be in a format and quantity\\ndetermined by the commissioner, and shall include:\\n (a) a general description of the proposed program;\\n (b) a copy of a valid license or other approval issued by the\\ndepartment, the department of social services or other state agency to\\nprovide or sponsor child or adult day care programs; and\\n (c) such other information as required by the commissioner.\\n 2. The commissioner shall not approve an eligible institution for\\nreceipt of cash assistance under this title unless the applicant:\\n (a) accepts final administrative and financial responsibility for\\nmanagement of an effective food service;\\n (b) possesses a valid license or other approval issued by the\\ndepartment, the department of social services or other state agency to\\noperate or sponsor child or adult day care programs;\\n (c) has not been seriously deficient in its operation of the program\\nor any other program specified in federal law, rule or regulation;\\n (d) demonstrates that it will provide adequate supervisory and\\noperational personnel for overall monitoring and management of the\\nprogram; and\\n (e) meets standards prescribed in federal law, rule or regulation.\\n 3. The commissioner shall provide written notice of approval or\\ndisapproval of the proposed application to the applicant.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2588", "title" : "Reimbursement", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2588", "activeDate" : "2014-09-22", "sequenceNo" : 878, "repealedDate" : null, "fromSection" : "2588", "toSection" : "2588", "text" : " § 2588. Reimbursement. 1. The total amount of cash assistance\\nprovided pursuant to this title shall be limited to the amount of\\nfederal funds appropriated for the program.\\n 2. Eligible institutions approved by the commissioner pursuant to\\nsection two thousand five hundred eighty-seven of this title shall be\\nreimbursed for meals, preparation of meals and administrative expenses\\nwhen provided to children and adults in amounts specified under federal\\nlaw, rule or regulation and consistent with the application as approved\\nby the commissioner. In the event that eligible institutions request\\nadvance payment for meals, preparation of meals or administrative\\nexpenses in accordance with federal law, rule or regulation, such\\nadvance shall be paid if it is consistent with state and federal law,\\nrule or regulation and the application as approved by the commissioner.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2589", "title" : "Rules and regulations", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2589", "activeDate" : "2014-09-22", "sequenceNo" : 879, "repealedDate" : null, "fromSection" : "2589", "toSection" : "2589", "text" : " § 2589. Rules and regulations. The commissioner may adopt and amend\\nrules and regulations to effectuate the purposes and provisions of this\\ntitle.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 5 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A25T6", "title" : "Emergency Nutrition Aid Program For Pregnant Women and Adolescents", "docType" : "TITLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6", "activeDate" : "2014-09-22", "sequenceNo" : 880, "repealedDate" : null, "fromSection" : "2590", "toSection" : "2592", "text" : " * TITLE VI\\n EMERGENCY NUTRITION AID PROGRAM FOR PREGNANT WOMEN AND ADOLESCENTS\\nSection 2590. Emergency nutrition aid program for pregnant women and\\n adolescents; establishment.\\n 2591. Eligibility.\\n 2592. Rules and regulations.\\n * NB Expired March 31, 1986\\n * NB There are 2 Article VI's\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2590", "title" : "Emergency nutrition aid program for pregnant women and adolescents; establishment", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2590", "activeDate" : "2014-09-22", "sequenceNo" : 881, "repealedDate" : null, "fromSection" : "2590", "toSection" : "2590", "text" : " * § 2590. Emergency nutrition aid program for pregnant women and\\nadolescents; establishment. The emergency nutrition aid program for\\npregnant women and adolescents is established within the department of\\nhealth.\\n * NB Expired March 31, 1986\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2591", "title" : "Eligibility", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2591", "activeDate" : "2014-09-22", "sequenceNo" : 882, "repealedDate" : null, "fromSection" : "2591", "toSection" : "2591", "text" : " * § 2591. Eligibility. Eligibility for the program shall be limited\\nto pregnant women and adolescents who, because of low income and dietary\\ndeficiencies, are at high risk endangering the nutritional well-being of\\ntheir fetuses and risking the delivery of low birth weight infants.\\n * NB Expired March 31, 1986\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2592", "title" : "Rules and regulations", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2592", "activeDate" : "2014-09-22", "sequenceNo" : 883, "repealedDate" : null, "fromSection" : "2592", "toSection" : "2592", "text" : " * § 2592. Rules and regulations. The commissioner of health may adopt\\nrules and regulations to implement the emergency nutrition aid program.\\n * NB Expired March 31, 1986\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 3 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A25T7", "title" : "Youth Sports", "docType" : "TITLE", "publishedDates" : [ "2019-09-06", "2019-12-06" ], "docLevelId" : "7", "activeDate" : "2019-09-06", "sequenceNo" : 884, "repealedDate" : null, "fromSection" : "2595", "toSection" : "2595", "text" : " * TITLE VII\\n YOUTH SPORTS\\nSection 2595. Football programs; information on concussions.\\n * NB Effective December 2, 2019\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2595", "title" : "", "docType" : "SECTION", "publishedDates" : [ "2019-09-20", "2019-10-11", "2019-12-06" ], "docLevelId" : "2595", "activeDate" : "2019-09-20", "sequenceNo" : 885, "repealedDate" : null, "fromSection" : "2595", "toSection" : "2595", "text" : "", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 1 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A25T8", "title" : "Childhood Obesity Prevention Program", "docType" : "TITLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "8", "activeDate" : "2014-09-22", "sequenceNo" : 886, "repealedDate" : null, "fromSection" : "2599-A", "toSection" : "2599-D", "text" : " TITLE VIII\\n CHILDHOOD OBESITY PREVENTION PROGRAM\\nSection 2599-a. Childhood obesity prevention program; establishment.\\n 2599-b. Program development.\\n 2599-c. School-based childhood obesity prevention and physical\\n activity programs.\\n 2599-d. Powers of commissioner.\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2599-A", "title" : "Childhood obesity prevention program; establishment", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2599-A", "activeDate" : "2014-09-22", "sequenceNo" : 887, "repealedDate" : null, "fromSection" : "2599-A", "toSection" : "2599-A", "text" : " § 2599-a. Childhood obesity prevention program; establishment. The\\nchildhood obesity prevention program is established within the\\ndepartment.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2599-B", "title" : "Program development", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-11-27" ], "docLevelId" : "2599-B", "activeDate" : "2015-11-27", "sequenceNo" : 888, "repealedDate" : null, "fromSection" : "2599-B", "toSection" : "2599-B", "text" : " § 2599-b. Program development. 1. The program shall be designed to\\nprevent and reduce the incidence and prevalence of obesity in children\\nand adolescents, especially among populations with high rates of obesity\\nand obesity-related health complications including, but not limited to,\\ndiabetes, heart disease, cancer, osteoarthritis, asthma, emphysema,\\nchronic bronchitis, other chronic respiratory diseases and other\\nconditions. The program shall use recommendations and goals of the\\nUnited States departments of agriculture and health and human services,\\nthe surgeon general and centers for disease control and prevention in\\ndeveloping and implementing guidelines for nutrition education and\\nphysical activity projects as part of obesity prevention efforts. The\\ncontent and implementation of the program shall stress the benefits of\\nchoosing a balanced, healthful diet from the many options available to\\nconsumers, without specifically targeting the elimination of any\\nparticular food group, food product or food-related industry.\\n 2. The childhood obesity prevention program shall include, but not be\\nlimited to:\\n (a) developing media health promotion campaigns targeted to children\\nand adolescents and their parents and caregivers that emphasize\\nincreasing consumption of low-calorie, high-nutrient foods, decreasing\\nconsumption of high-calorie, low-nutrient foods and increasing physical\\nactivity designed to prevent or reduce obesity;\\n (b) establishing school-based childhood obesity prevention nutrition\\neducation and physical activity programs including programs described in\\nsection twenty-five hundred ninety-nine-c of this article, as well as\\nother programs with linkages to physical and health education courses,\\nand which utilize the school health index of the National Center for\\nChronic Disease Prevention and Health Promotion or other recognized\\nschool health assessments pursuant, but not limited, to article nineteen\\nof the education law;\\n (c) establishing community-based childhood obesity prevention\\nnutrition education and physical activity programs including programs\\nwhich involve parents and caregivers, and which encourage communities,\\nfamilies, child care and other settings to provide safe and adequate\\nspace and time for physical activity and encourage a healthy diet, and\\ncan be in coordination with county cooperative extension programs\\nestablished pursuant to section two hundred twenty-four-b of the county\\nlaw;\\n (d) coordinating with the state education department, department of\\nagriculture and markets, office of parks, recreation and historic\\npreservation, office of temporary and disability assistance, office of\\nchildren and family services and other federal, state and local agencies\\nto incorporate strategies to prevent and reduce childhood obesity into\\ngovernment food assistance, health, education and recreation programs;\\n (e) sponsoring periodic conferences or meetings to bring together\\nexperts in nutrition, exercise, public health, mental health, education,\\nparenting, media, food marketing, food security, agriculture, community\\nplanning and other disciplines to examine societal-based solutions to\\nthe problem of childhood obesity and issue guidelines and\\nrecommendations for New York state policy and programs;\\n (f) developing training programs for medical and other health\\nprofessionals to teach practical skills in nutrition and exercise\\neducation to children and their parents and caregivers;\\n (g) developing screening programs in coordination with health care\\nproviders and institutions including but not limited to day care centers\\nand schools for overweight and obesity for children aged two through\\neighteen years, using body mass index (BMI) appropriate for age and\\ngender, and notification, in a manner protecting the confidentiality of\\nsuch children and their families, of parents of BMI status, and\\nexplanation of the consequences of such status, including recommended\\nactions parents may need to take and information about resources and\\nreferrals available to families to enhance nutrition and physical\\nactivity to reduce and prevent obesity; and\\n (h) coordinating with the education department, office of temporary\\nand disability assistance, office of children and family services and\\nother federal, state and local agencies to incorporate strategies to\\ncurtail the incidence of asthma, chronic bronchitis and other chronic\\nrespiratory diseases to enable adults and children to safely increase\\nphysical activity.\\n 3. The department, in cooperation with the education department, shall\\nperiodically collect and analyze information from schools, health and\\nnutrition programs and other sources to determine the prevalence of\\nchildhood obesity in New York state, and to evaluate, to the extent\\npossible, the effectiveness of the childhood obesity prevention program.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2599-C", "title" : "School-based childhood obesity prevention and physical activity programs", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-11-27" ], "docLevelId" : "2599-C", "activeDate" : "2015-11-27", "sequenceNo" : 889, "repealedDate" : null, "fromSection" : "2599-C", "toSection" : "2599-C", "text" : " § 2599-c. School-based childhood obesity prevention and physical\\nactivity programs. The commissioner, in cooperation with the\\ncommissioners of education and agriculture and markets, and county\\nboards of cooperative extension, shall encourage the establishment of\\nschool-based childhood obesity prevention and physical activity programs\\nthat promote:\\n 1. A healthy school environment, including physical and aesthetic\\nsurroundings and culture designed to prevent and reduce the incidence\\nand prevalence of obesity; and\\n 2. Parent/community involvement, including an integrated school,\\nparent, and community approach for enhancing the health and well-being\\nof students.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2599-D", "title" : "Powers of commissioner", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2599-D", "activeDate" : "2014-09-22", "sequenceNo" : 890, "repealedDate" : null, "fromSection" : "2599-D", "toSection" : "2599-D", "text" : " § 2599-d. Powers of commissioner. The commissioner may administer\\ndirectly or through contract, within the amount of funds allocated and\\nwithin amounts appropriated pursuant to paragraph (k) of subdivision one\\nof section twenty-eight hundred seven-v of this chapter, the childhood\\nobesity prevention program. The commissioner shall also make grants,\\nwithin the amount of funds available therefor, for community-based and\\nschool-based projects targeted to high-risk populations and communities\\nto implement the provisions of this title.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 4 }, "repealed" : false } ], "size" : 12 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A25-A", "title" : "Reproductive Health Act", "docType" : "ARTICLE", "publishedDates" : [ "2019-01-25", "2024-05-03" ], "docLevelId" : "25-A", "activeDate" : "2019-01-25", "sequenceNo" : 891, "repealedDate" : null, "fromSection" : "2599-AA", "toSection" : "2599-BB", "text" : " ARTICLE 25-A\\n REPRODUCTIVE HEALTH ACT\\nSection 2599-aa. Policy and purpose.\\n 2599-bb. Abortion.\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2599-AA", "title" : "Policy and purpose", "docType" : "SECTION", "publishedDates" : [ "2019-01-25" ], "docLevelId" : "2599-AA", "activeDate" : "2019-01-25", "sequenceNo" : 892, "repealedDate" : null, "fromSection" : "2599-AA", "toSection" : "2599-AA", "text" : " § 2599-aa. Policy and purpose. The legislature finds that\\ncomprehensive reproductive health care is a fundamental component of\\nevery individual's health, privacy and equality. Therefore, it is the\\npolicy of the state that:\\n 1. Every individual has the fundamental right to choose or refuse\\ncontraception or sterilization.\\n 2. Every individual who becomes pregnant has the fundamental right to\\nchoose to carry the pregnancy to term, to give birth to a child, or to\\nhave an abortion, pursuant to this article.\\n 3. The state shall not discriminate against, deny, or interfere with\\nthe exercise of the rights set forth in this section in the regulation\\nor provision of benefits, facilities, services or information.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2599-BB", "title" : "Abortion", "docType" : "SECTION", "publishedDates" : [ "2019-01-25" ], "docLevelId" : "2599-BB", "activeDate" : "2019-01-25", "sequenceNo" : 893, "repealedDate" : null, "fromSection" : "2599-BB", "toSection" : "2599-BB", "text" : " § 2599-bb. Abortion. 1. A health care practitioner licensed,\\ncertified, or authorized under title eight of the education law, acting\\nwithin his or her lawful scope of practice, may perform an abortion\\nwhen, according to the practitioner's reasonable and good faith\\nprofessional judgment based on the facts of the patient's case: the\\npatient is within twenty-four weeks from the commencement of pregnancy,\\nor there is an absence of fetal viability, or the abortion is necessary\\nto protect the patient's life or health.\\n 2. This article shall be construed and applied consistent with and\\nsubject to applicable laws and applicable and authorized regulations\\ngoverning health care procedures.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 2 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A26", "title" : "Helen Hayes Hospital", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "26", "activeDate" : "2014-09-22", "sequenceNo" : 894, "repealedDate" : null, "fromSection" : "2600", "toSection" : "2602", "text" : " ARTICLE 26\\n HELEN HAYES HOSPITAL\\nSection 2600. Helen Hayes Hospital; hospital care and treatment.\\n 2601. Helen Hayes Hospital; functions; powers and duties.\\n 2602. Helen Hayes Hospital; charges for service and\\n reimbursement.\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2600", "title" : "Helen Hayes Hospital; hospital care and treatment", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2600", "activeDate" : "2014-09-22", "sequenceNo" : 895, "repealedDate" : null, "fromSection" : "2600", "toSection" : "2600", "text" : " § 2600. Helen Hayes Hospital; hospital care and treatment. 1. The\\nHelen Hayes Hospital is continued for the care and treatment of persons\\nwho are physically disabled, deformed or are suffering from disease from\\nwhich they are likely to become physically disabled or deformed.\\n 2. The patients in such hospital shall be permitted to exercise and\\nenjoy religious profession and worship freely and without discrimination\\nor preference.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2601", "title" : "Helen Hayes Hospital; functions; powers and duties", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2601", "activeDate" : "2014-09-22", "sequenceNo" : 896, "repealedDate" : null, "fromSection" : "2601", "toSection" : "2601", "text" : " § 2601. Helen Hayes Hospital; functions; powers and duties. 1. The\\nHelen Hayes Hospital may receive persons who are physically disabled,\\ndeformed or suffering from disease from which they are likely to become\\nphysically disabled or deformed, for care, study and experimental or\\nother treatment, under regulations established by the commissioner.\\n 2. No person provided for by this article, however, shall be admitted\\nto the hospital unless at the time of his admission he is capable of\\nbenefiting from care in terms of improved capacity for remunerative\\noccupation or self-sufficiency.\\n 3. The hospital shall, in conjunction with its provision of care and\\ntreatment, conduct investigations of the cause, mortality, treatment,\\nprevention and cure of physically disabling or deforming diseases and\\nconditions.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2602", "title" : "Helen Hayes Hospital; charges for service and reimbursement", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2602", "activeDate" : "2014-09-22", "sequenceNo" : 897, "repealedDate" : null, "fromSection" : "2602", "toSection" : "2602", "text" : " § 2602. Helen Hayes Hospital; charges for service and reimbursement.\\n1. The commissioner shall establish the rates to be paid for the\\nmaintenance, care and treatment of all patients admitted to the Helen\\nHayes Hospital.\\n 2. The commissioner shall require that the director of the hospital\\nshall render bills at suitable intervals and a final bill as soon as\\npracticable on discharge of a patient, to the person or agency in each\\ninstance who guarantees payment or, if payment is to be made from public\\nfunds, to the proper fiscal officer of the agency or county or\\nmunicipality indicated.\\n 3. The commissioner may in his discretion, in proper cases, where\\nsubstantial justice will best be served thereby, waive such bills or\\ncompromise any portion of such bills for the maintenance, care and\\ntreatment received or furnished to patients in the hospital. Such waiver\\nor compromise shall be made only upon prior approval of the comptroller\\nand the attorney general when they deem it to be for the best interest\\nof the state.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 3 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A26-A", "title" : "New York State Veterans' Home", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "26-A", "activeDate" : "2014-09-22", "sequenceNo" : 898, "repealedDate" : null, "fromSection" : "2630", "toSection" : "2635", "text" : " ARTICLE 26-A\\n NEW YORK STATE VETERANS' HOME\\nSection 2630. Purpose.\\n 2631. Board of visitors; special provision.\\n 2632. Admission to home.\\n 2633. Acquisition and application of property.\\n 2634. Designation of the \"New York State Women Veterans Memorial\\n Community Room\".\\n 2635. Designation of the \"Arnold Swanson Community Room\".\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2630", "title" : "Purpose", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2630", "activeDate" : "2014-09-22", "sequenceNo" : 899, "repealedDate" : null, "fromSection" : "2630", "toSection" : "2630", "text" : " § 2630. Purpose. The New York state home for veterans and their\\ndependents at Oxford, the New York state home for veterans in the city\\nof New York, the New York state home for veterans in western New York\\nand the New York home for veterans in the lower-Hudson Valley shall be\\nfor the care of aged dependent veterans and their spouses, veterans'\\nmothers and fathers, unremarried surviving spouses, and army nurses.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2631", "title" : "Board of visitors; special provision", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2631", "activeDate" : "2014-09-22", "sequenceNo" : 900, "repealedDate" : null, "fromSection" : "2631", "toSection" : "2631", "text" : " § 2631. Board of visitors; special provision. The board of visitors\\nof each such home shall consist of nine members appointed from the\\nmembers of the New York departments of the major organizations of war\\nveterans to which charters have been issued by Acts of Congress or of\\ntheir women's auxiliaries. The terms of office of such visitors\\nhereafter appointed shall be five years, and they shall be so appointed\\nthat the terms of two of the members shall expire on the first day of\\nFebruary of each year, except that the term of but one member shall so\\nexpire every fifth year. Appointments shall be so made that there will\\nbe at all times four women and five men members of such board.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2632", "title" : "Admission to home", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-11-13", "2015-12-18", "2019-11-15", "2020-11-13", "2021-11-19", "2022-04-22", "2023-04-07", "2024-05-03" ], "docLevelId" : "2632", "activeDate" : "2015-12-18", "sequenceNo" : 901, "repealedDate" : null, "fromSection" : "2632", "toSection" : "2632", "text" : " § 2632. Admission to home. 1. Every veteran of the armed forces of the\\nUnited States, who (i) was separated or discharged under honorable\\nconditions after serving on active duty therein for a period of not less\\nthan thirty days, or (ii) was separated or discharged under honorable\\nconditions after serving on active duty therein for a period of not less\\nthan thirty days and who was a recipient of the armed forces\\nexpeditionary medal, navy expeditionary medal or marine corps\\nexpeditionary medal for participation in operations in Lebanon from June\\nfirst, nineteen hundred eighty-three to December first, nineteen hundred\\neighty-seven, in Grenada from October twenty-third, nineteen hundred\\neighty-three to November twenty-first, nineteen hundred eighty-three, or\\nin Panama from December twentieth, nineteen hundred eighty-nine to\\nJanuary thirty-first, nineteen hundred ninety, or in Bosnia and\\nHerzgegovina from November twenty-first, nineteen hundred ninety-five to\\nNovember first, two thousand seven, or was a recipient of the Kosovo\\ncampaign medal or (iii) was separated or discharged under honorable\\nconditions after serving on active duty therein for a period of not less\\nthan thirty days and who served during the period of actual hostilities\\nof either\\n (a) the Spanish-American war; or\\n (b) the incidental insurrection in the Philippines prior to July\\nfourth, nineteen hundred two; or\\n (c) world war I between April sixth, nineteen hundred seventeen and\\nNovember eleventh, nineteen hundred eighteen, both inclusive; or\\n (d) world war II between December seventh, nineteen hundred forty-one\\nand December thirty-first, nineteen hundred forty-six, both inclusive,\\nor who was employed by the War Shipping Administration or Office of\\nDefense Transportation or their agents as a merchant seaman documented\\nby the United States Coast Guard or Department of Commerce, or as a\\ncivil servant employed by the United States Army Transport Service\\n(later redesignated as the United States Army Transportation Corps,\\nWater Division) or the Naval Transportation Service; and who served\\nsatisfactorily as a crew member during the period of armed conflict,\\nDecember seventh, nineteen hundred forty-one, to August fifteenth,\\nnineteen hundred forty-five, aboard merchant vessels in oceangoing,\\ni.e., foreign, intercoastal, or coastwise service as such terms are\\ndefined under federal law (46 USCA 10301 & 10501) and further to include\\n\"near foreign\" voyages between the United States and Canada, Mexico, or\\nthe West Indies via ocean routes, or public vessels in oceangoing\\nservice or foreign waters and who has received a Certificate of Release\\nor Discharge from Active Duty and a discharge certificate, or an\\nHonorable Service Certificate/Report of Casualty, from the Department of\\nDefense, or who served as a United States civilian employed by the\\nAmerican Field Service and served overseas under United States Armies\\nand United States Army Groups in world war II during the period of armed\\nconflict, December seventh, nineteen hundred forty-one through May\\neighth, nineteen hundred forty-five, and who was discharged or released\\ntherefrom under honorable conditions, or who served as a United States\\ncivilian Flight Crew and Aviation Ground Support Employee of Pan\\nAmerican World Airways or one of its subsidiaries or its affiliates and\\nserved overseas as a result of Pan American's contract with Air\\nTransport Command or Naval Air Transport Service during the period of\\narmed conflict, December fourteenth, nineteen hundred forty-one through\\nAugust fourteenth, nineteen hundred forty-five, and who was discharged\\nor released therefrom under honorable conditions; or\\n (e) Korean conflict between June twenty-seventh, nineteen hundred\\nfifty and January thirty-first, nineteen hundred fifty-five, both\\ninclusive; or\\n (f) Viet Nam conflict between February twenty-eighth, nineteen hundred\\nsixty-one and May seventh, nineteen hundred seventy-five, both\\ninclusive; or\\n (g) veterans who served in the United States military and were exposed\\nto radiation during military service in a \"radiation-risk activity\"\\ndefined as participation in the occupation of Hiroshima or Nagasaki,\\nJapan between August sixth, nineteen hundred forty-five through July\\nfirst, nineteen hundred forty-six; were prisoners of war in Japan during\\nWorld War II; onsite participation in a test involving the atmospheric\\ndetonation of a nuclear device, whether or not the testing nation was\\nthe United States; or\\n (h) in the Persian Gulf conflict from the second day of August,\\nnineteen hundred ninety to the end of such conflict including military\\nservice in Operation Enduring Freedom, Operation Iraqi Freedom,\\nOperation New Dawn or Operation Inherent Resolve and was the recipient\\nof the global war on terrorism expeditionary medal or the Iraq campaign\\nmedal or the Afghanistan campaign medal; and who was a resident of the\\nstate of New York at the time of entry upon such active duty or who\\nshall have been a resident of this state for one year next preceding the\\napplication for admission shall be entitled to admission to said home\\nafter the approval of the application by the board of visitors, subject\\nto the provisions of this article and to the conditions, limitations and\\npenalties prescribed by the regulations of the department. Any such\\nveteran or dependent, who otherwise fulfills the requirements set forth\\nin this section, may be admitted directly to the skilled nursing\\nfacility or the health related facility provided such veteran or\\ndependent is certified by a physician designated or approved by the\\ndepartment to require the type of care provided by such facilities.\\n 2. The unremarried surviving spouse as such term is defined under\\nsection 101 of title thirty-eight of the United States Code of any such\\nveteran, or the unremarried surviving spouse, mother or father of any\\nsuch member of the armed forces of the United States who died while on\\nactive duty, notwithstanding the length of such service, shall be\\nentitled to admission to said home after the approval of the application\\nby the board of visitors, subject to the provisions of this article and\\nto the conditions, limitations and penalties prescribed by the\\nregulations of the department and by the secretary of the United States\\ndepartment of veterans affairs.\\n 3. The spouse, as such term is defined under section 101 of title\\nthirty-eight of the United States Code, of any such veteran, unless such\\nveteran and his or her spouse have been legally separated, shall be\\nentitled to admission to said home after the approval of the application\\nby the board of visitors, subject to the provisions of this article and\\nto the conditions, limitations and penalties prescribed by the\\nregulations of the department and by the secretary of the United States\\ndepartment of veterans affairs.\\n 4. No spouse or unremarried surviving spouse of such a veteran shall\\nbe admitted as a resident of said home unless married to such veteran at\\nleast one year prior to the date of application.\\n 5. Preference in admission shall be given as follows: first, to\\nveterans accompanied by their spouses based upon severity of illness or\\ndisability and need for care; second, to other eligible veterans\\npursuant to clause (ii) or (iii) of subdivision one of this section\\nbased upon severity of illness or disability and need for care and the\\norder of the date of the conflict or operation listed in such clauses;\\nthird, to other eligible veterans pursuant to clause (i) of subdivision\\none of this section based upon severity of illness or disability and\\nneed for care; fourth, to spouses and unremarried surviving spouses\\nbased upon severity of illness or disability and need for care; fifth,\\nto mothers and fathers based upon severity of illness or disability and\\nneed for care.\\n 6. The board of visitors shall require an applicant for admission to\\nsuch home to file an affidavit of New York state residence and the\\naffidavits of at least two householders in and residents of the county\\nin New York state of which the applicant claims at the time of such\\napplication to be a resident; and such affidavits shall, on\\npresentation, be accepted and received as sufficient proof, unless\\ncontradicted, of the residence of such applicant in any actions or\\nproceedings against such county in which such residence of such\\napplicant is material.\\n 7. The regulations of the department shall require that each applicant\\nfor admission shall furnish a certification of all property of which he\\nor she is possessed and of all sources of income and that, following\\nadmission, each resident shall be required to furnish further\\ncertifications as to such facts from time to time, but not oftener than\\nat intervals of twelve months, and shall also require the payments by\\nresidents of the home from such resources or income, or both, such\\namounts in payment on account of the care and maintenance provided by\\nthe home as the department shall find to be reasonable.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2633", "title" : "Acquisition and application of property", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2633", "activeDate" : "2014-09-22", "sequenceNo" : 902, "repealedDate" : null, "fromSection" : "2633", "toSection" : "2633", "text" : " § 2633. Acquisition and application of property. Subject to the\\nregulations of the department, the board of visitors or the duly\\nappointed treasurer of the homes, as agent of the department, may\\nreceive, retain and expend receipts other than state appropriations, any\\nmoney or other personal property given, bequeathed or entrusted to the\\nboard of visitors or duly appointed treasurer, for the purposes for\\nwhich it is given or bequeathed to the homes or entrusted for\\nsafekeeping or, if unaccompanied by conditions or limitations, for any\\nof the purposes of the homes or for the convenience of the residents\\nthereof.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2634", "title" : "Designation of the \"New York State Women Veterans Memorial Community Room\"", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2634", "activeDate" : "2014-09-22", "sequenceNo" : 903, "repealedDate" : null, "fromSection" : "2634", "toSection" : "2634", "text" : " § 2634. Designation of the \"New York State Women Veterans Memorial\\nCommunity Room\". The communal area multi-purpose room of the New York\\nstate home for veterans in the city of New York, such room as referred\\nto as area one hundred ninety-four in the architectural plans and\\ndrawings of such home for veterans, shall be designated and known as the\\n\"New York State Women Veterans Memorial Community Room\" in honor of all\\nwomen veterans of this state.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2635", "title" : "Designation of the \"Arnold Swanson Community Room\"", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2635", "activeDate" : "2014-09-22", "sequenceNo" : 904, "repealedDate" : null, "fromSection" : "2635", "toSection" : "2635", "text" : " § 2635. Designation of the \"Arnold Swanson Community Room\". The\\ncommunal area multi-purpose room of the New York state home for veterans\\nin the city of Batavia shall be designated and known as the \"Arnold\\nSwanson Community Room\" in honor of Arnold Swanson.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 6 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A27", "title" : "Bureau of Chronic Disease and Geriatrics", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22", "2017-08-04" ], "docLevelId" : "27", "activeDate" : "2017-08-04", "sequenceNo" : 905, "repealedDate" : null, "fromSection" : "2700", "toSection" : "2702", "text" : " ARTICLE 27\\n BUREAU OF CHRONIC DISEASE AND GERIATRICS\\nSection 2700. Bureau of chronic disease and geriatrics established.\\n 2701. Purpose and functions.\\n 2702. Powers and duties.\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2700", "title" : "Bureau of chronic disease and geriatrics established", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2700", "activeDate" : "2014-09-22", "sequenceNo" : 906, "repealedDate" : null, "fromSection" : "2700", "toSection" : "2700", "text" : " § 2700. Bureau of chronic disease and geriatrics established. The\\nstate department of health shall establish a bureau of chronic disease\\nand geriatrics, which shall develop a program designed to improve and\\nprotect the health and vitality of middle-aged and elderly citizens of\\nthe state.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2701", "title" : "Purpose and functions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2701", "activeDate" : "2014-09-22", "sequenceNo" : 907, "repealedDate" : null, "fromSection" : "2701", "toSection" : "2701", "text" : " § 2701. Purpose and functions. The department, at the discretion of\\nthe commissioner, shall:\\n 1. Plan public health programs to aid in the prevention,\\nrehabilitation and control of degenerative diseases and chronic\\nillnesses.\\n 2. Develop a program for integrating community and institutional\\nagencies and facilities and for utilization of geriatric techniques to\\nprovide a comprehensive program of prevention, rehabilitation and\\ncontrol of degenerative diseases and chronic illnesses.\\n 3. Develop a plan for periodic health inventories for the middle-aged\\nand elderly.\\n 4. Explore possibilities of reducing cost and improving care of the\\nchronically ill through use of non-institutional as well as\\ninstitutional facilities.\\n 5. Develop laboratory, clinical and statistical research on chronic\\ndisease and health problems of older people in consultation with the\\nstate medical society and other agencies, including the state department\\nof mental hygiene and the state university of New York.\\n 6. (a) Carry on programs of professional education and training of\\nmedical students, physicians and nurses in the prevention,\\nrehabilitation, medical and nursing care of diseases of older people.\\n (b) Plan and carry out the Alzheimer's disease assistance program to\\nenhance support services for people with Alzheimer's disease and their\\ncaregivers. Services to be provided by the program may include:\\n (i) education and training for health care practitioners, caregivers,\\nvolunteers and informal caregivers regarding services for or the\\ntreatment of persons with Alzheimer's disease;\\n (ii) counseling for families of persons with Alzheimer's disease;\\n (iii) respite services for informal caregivers of persons with\\nAlzheimer's disease; and\\n (iv) technological assistance for persons with Alzheimer's disease.\\n The commissioner shall make grants under this paragraph within amounts\\nappropriated therefore to public and not-for-profit entities including\\nlocal health agencies, health care providers, higher educational\\ninstitutions affiliated with medical facilities, community-based\\norganizations and other organizations with demonstrated expertise in\\nserving persons with Alzheimer's disease. The commissioner may\\ncoordinate grants under this paragraph with the availability of grants\\nfrom other sources. The commissioner may also accept or seek grants from\\nother sources to enhance amounts appropriated to this program.\\n 7. Plan and carry out programs to stimulate the prevention,\\nrehabilitation and control of chronic illnesses and the promotion of the\\nhealth of adult, middle-aged and older persons, through \"day hospital\"\\nand a \"meals on wheels\" demonstration projects.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2702", "title" : "Powers and duties", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2702", "activeDate" : "2014-09-22", "sequenceNo" : 908, "repealedDate" : null, "fromSection" : "2702", "toSection" : "2702", "text" : " § 2702. Powers and duties. The commissioner shall have the power and\\nit shall be his duty to employ such assistants and personnel, within the\\namount of the appropriation, as is necessary to carry out the provisions\\nof this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 3 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A27-A", "title" : "Osteoporosis Prevention and Education", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "27-A", "activeDate" : "2014-09-22", "sequenceNo" : 909, "repealedDate" : null, "fromSection" : "2705", "toSection" : "2706", "text" : " ARTICLE 27-A\\n OSTEOPOROSIS PREVENTION AND EDUCATION\\nSection 2705. Legislative findings and declarations.\\n 2706. Osteoporosis prevention and education program established.\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2705", "title" : "Legislative findings and declarations", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2705", "activeDate" : "2014-09-22", "sequenceNo" : 910, "repealedDate" : null, "fromSection" : "2705", "toSection" : "2705", "text" : " § 2705. Legislative findings and declarations. The legislature hereby\\nfinds and declares that osteoporosis is a public health problem that\\nposes a threat to the health and quality of life to as many as\\ntwenty-four million Americans; and that it may ultimately affect as many\\nas half of all women in the United States over the age of forty-five and\\nan increasing number of men; and costs the nation ten billion dollars a\\nyear in hospitalization and treatment for resulting injuries, including\\nchronic disability, pain, and the need for long term care.\\n The legislature further finds and declares that over one million\\nfractures a year result from osteoporosis and that the pain, discomfort,\\nimmobility and social isolation that may result from fractures affect\\nquality of life, threaten people's ability to live independently and\\ncosts millions annually in nursing home and assistive care.\\n The legislature further finds and declares that a plan should be\\nestablished to insure the availability of comprehensive educational\\nservices in communities, and that such services include awareness of the\\ndisease, its rate of incidence, risk factors, facts about its\\nprogression, and implications during pregnancy, the peri-menopausal and\\npost-menopausal years, and in later life; education about the prevention\\nof osteoporosis including nutrition, positive health habits and\\nexercise, and their benefits from an early age; education regarding the\\navailability and significance of diagnostic screening as well as\\npredisposing factors including genetic disposition and interventions for\\nthose who already have bone mass loss or those who may be at high risk\\nof bone mass loss; education about available and experimental treatments\\nand the benefits, risks, and side effects of each.\\n The legislature hereby finds and declares that educating the public\\nabout this potentially devastating disease is of paramount importance\\nand that educating the public throughout the state is in every respect\\nin the public interest and to the benefit of all persons in this state.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2706", "title" : "Osteoporosis prevention and education program established", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2706", "activeDate" : "2014-09-22", "sequenceNo" : 911, "repealedDate" : null, "fromSection" : "2706", "toSection" : "2706", "text" : " § 2706. Osteoporosis prevention and education program established. 1.\\nThere is hereby created within the department the osteoporosis\\nprevention and education program. This program is established to promote\\npublic awareness of the causes of osteoporosis, options for prevention,\\nthe value of early detection and possible treatments, including their\\nbenefits and risks.\\n 2. The program shall include: (a) establishment of a public education\\nand outreach campaign to promote osteoporosis prevention and education\\nthat will enable individuals to make informed choices about their\\nhealth, including, but not limited to the following:\\n (1) cause and nature of the disease;\\n (2) risk factors;\\n (3) impact of menopause;\\n (4) impact of drug interactions;\\n (5) prevention, including but not limited to:\\n (i) nutrition and diet and,\\n (ii) physical exercise;\\n (6) diagnostic procedures and appropriate indications for their use;\\n (7) all available treatment options, including benefits and risks;\\n (8) environmental safety and injury prevention;\\n (9) implications of hip fracture and the potential options for\\nrehabilitation;\\n (10) rest and use of appropriate body mechanics;\\n (11) availability of osteoporosis diagnostic and treatment services in\\nthe community.\\n (b) development of educational materials to be made available for\\nconsumers, particularly targeted to high risk groups, through local\\ndepartments of health, local health care practitioners, practitioners of\\ngerontology and geriatrics, other health care providers, including, but\\nnot limited to, health maintenance organizations, hospitals, walk-in\\nmedical care centers, mobile care units, surgi-centers, health-oriented\\nplaces of business, clinics and organizations serving women and the aged\\npopulations.\\n (c) development and provision of professional education programs for\\nhealth care providers and health-related community-based organizations,\\nincluding, but not limited to, the following:\\n (1) research findings;\\n (2) cause and nature of the disease;\\n (3) risk factors, including but not limited to, lifestyle, heredity,\\nand drug interactions;\\n (4) impact of menopause;\\n (5) prevention, including, but not limited to:\\n (i) nutrition and diet and,\\n (ii) physical exercise;\\n (6) diagnostic procedures and appropriate indications for their use;\\n (7) all medical and surgical treatment options, including experimental\\nand established drug therapies, and the benefits and risks of each\\noption;\\n (8) environmental safety and injury prevention;\\n (9) availability of osteoporosis diagnostic and treatment and support\\nservices in the community.\\n 3. The commissioner shall seek any federal waiver or waivers that may\\nbe necessary to maximize funds from the federal government, including,\\nbut not limited to, funds provided under Titles XVIII and XIX of the\\nfederal Social Security Act for the services provided under this\\nsection. The commissioner may accept any grants, awards or other funds\\nor appropriations as may be made available for the purposes of this\\nsection.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 2 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A27-AA", "title" : "New York State Kidney Disease Institute", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "27-AA", "activeDate" : "2014-09-22", "sequenceNo" : 912, "repealedDate" : null, "fromSection" : "2710", "toSection" : "2712", "text" : " ARTICLE 27-AA\\n NEW YORK STATE KIDNEY DISEASE INSTITUTE\\nSection 2710. Legislative findings and purpose.\\n 2711. New York state kidney disease institute; organization.\\n 2712. Functions, powers and duties.\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2710", "title" : "Legislative findings and purposes", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2710", "activeDate" : "2014-09-22", "sequenceNo" : 913, "repealedDate" : null, "fromSection" : "2710", "toSection" : "2710", "text" : " § 2710. Legislative findings and purposes. It is hereby declared and\\nfound that one of the major problems facing medicine and the public\\nhealth and welfare is the lack of trained individuals, available\\nfacilities, research and equipment for the discovery, evaluation,\\ndiagnosis, treatment and cure of kidney disease. It is estimated that\\nmore than two thousand people die in New York state each year from\\nkidney failure. No parallel situation in medicine exists today where\\ntechniques have been developed for the diagnosis and prevention of\\ndisease which would save lives, yet at the same time people continue to\\nprogress to chronic kidney disease and death only for the lack of\\nfacilities for diagnosis and treatment. New York state must take the\\ninitiative to combat this indiscriminate and often needless killer.\\nBasic research is needed into the nature of diseases of the kidneys and\\nthe problems of kidney transplantation; in developing mass testing\\nprocedures for the early detection of kidney disease; and for the\\ndevelopment of more effective and economical devices for blood\\npurification. An intensive survey of state-wide needs and facilities is\\nnecessary to formulate a long-range program for the state.\\n It is imperative that a comprehensive program to combat kidney disease\\nbe implemented through the combined and correlated efforts of state and\\nlocal governments, medicine, universities, non-profit organizations and\\nindividuals. The program provided by this article is designed to bring\\nto bear all the possible resources of the state and to coordinate the\\nefforts of the state in this vital matter of public health.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2711", "title" : "New York state kidney disease institute; organization", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2711", "activeDate" : "2014-09-22", "sequenceNo" : 914, "repealedDate" : null, "fromSection" : "2711", "toSection" : "2711", "text" : " § 2711. New York state kidney disease institute; organization. 1. The\\nNew York state kidney disease institute is hereby created within the\\ndepartment of health.\\n 2. The commissioner shall appoint a director of the institute and may\\nemploy such assistants and personnel, within the amounts appropriated,\\nas is necessary to carry out the provisions of this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2712", "title" : "Functions, powers and duties", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2017-08-04" ], "docLevelId" : "2712", "activeDate" : "2017-08-04", "sequenceNo" : 915, "repealedDate" : null, "fromSection" : "2712", "toSection" : "2712", "text" : " § 2712. Functions, powers and duties. 1. In order to further the\\ndeclared purposes of this article, the institute shall have the\\nfollowing functions, powers and duties:\\n (a) To conduct a survey of all of the existing facilities within the\\nstate having to do with the diagnosis, evaluation and treatment of\\npatients with kidney disease and to prepare and submit its findings and\\na specific program of action.\\n (b) To evaluate the need for the creation of local or regional\\nfacilities and for the establishing of a major kidney research center.\\n (c) To develop and administer scientific investigations into the\\ncause, prevention, methods of treatment and cure of renal disease,\\nincluding research into transplantation of kidneys.\\n (d) To develop techniques for an effective method of mass testing for\\nthe detection of kidney diseases and urinary tract infections.\\n (e) To develop more efficient methods of medical care for kidney\\ndisease and to develop more effective and economical kidney dialysis\\nequipment.\\n (f) To survey and evaluate the need for a program of professional\\neducation and training for medical students, physicians and nurses in\\nthe care and treatment of kidney diseases.\\n (h) To enter into such contracts and agreements with individuals,\\ncolleges, universities, associations, corporations, municipalities and\\nother units of government as may be deemed necessary and advisable to\\ncarry out the general intent and purposes of this article. Such\\ncontracts may provide for payment by the state, within the limit of\\nfunds available, for materials, equipment or services.\\n 2. The commissioner may adopt rules and regulations necessary to\\neffectuate the purposes and provisions of this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 3 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A27-B", "title" : "Treatment of Hypertension", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "27-B", "activeDate" : "2014-09-22", "sequenceNo" : 916, "repealedDate" : null, "fromSection" : "2720", "toSection" : "2724", "text" : " ARTICLE 27-B\\n TREATMENT OF HYPERTENSION\\nTITLE I. Mary Lasker Heart and Hypertension Institute (§§ 2720-2722).\\n II. Centers for the treatment of hypertension (§§ 2723-2724).\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A27-BT1", "title" : "Mary Lasker Heart and Hypertension Institute", "docType" : "TITLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1", "activeDate" : "2014-09-22", "sequenceNo" : 917, "repealedDate" : null, "fromSection" : "2720", "toSection" : "2722", "text" : " TITLE I\\n MARY LASKER HEART AND HYPERTENSION INSTITUTE\\nSection 2720. Legislative declaration.\\n 2721. Mary Lasker Heart and Hypertension Institute;\\n organization.\\n 2722. Commissioner; functions, powers and duties.\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2720", "title" : "Legislative declaration", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2720", "activeDate" : "2014-09-22", "sequenceNo" : 918, "repealedDate" : null, "fromSection" : "2720", "toSection" : "2720", "text" : " § 2720. Legislative declaration. The rising incidence of heart\\ndisease, strokes and hypertension over the past twenty years has caused\\nincreasing awareness and concern among public health officials and\\nprivate practitioners. It is imperative that new concepts be developed\\nto combat the problems of heart disease, stroke and hypertension by\\nattempting to reduce the causes leading to these diseases. The program\\nprovided by this article is designed to prevent heart disease, stroke\\nand hypertension by concentrating on the elimination of risk factors\\nassociated therewith. In order to provide for the protection and\\npromotion of the health of the inhabitants of the state, the department\\nof health shall have the central and comprehensive responsibility for\\nthe development and administration of the state's policy with respect to\\nthe conduct of scientific investigation and research concerning the\\ncauses, prevention, treatment and care of hypertension.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2721", "title" : "Mary Lasker Heart and Hypertension Institute; organization", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2721", "activeDate" : "2014-09-22", "sequenceNo" : 919, "repealedDate" : null, "fromSection" : "2721", "toSection" : "2721", "text" : " § 2721. Mary Lasker Heart and Hypertension Institute; organization.\\nThe commissioner shall establish within the department a heart and\\nhypertension institute to be named the Mary Lasker Heart and\\nHypertension Institute for the purpose of promoting the screening,\\nevaluation and methods of treatment of hypertension.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2722", "title" : "Commissioner; functions, powers and duties", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2722", "activeDate" : "2014-09-22", "sequenceNo" : 920, "repealedDate" : null, "fromSection" : "2722", "toSection" : "2722", "text" : " § 2722. Commissioner; functions, powers and duties. In order to\\nfurther the declared purposes of this article, the commissioner shall\\nhave the following functions, powers and duties:\\n 1. to conduct scientific investigations into the causes, prevention,\\nevaluation and treatment of hypertension;\\n 2. to develop more efficient methods for screening, evaluation and\\ntreatment of hypertension;\\n 3. promote programs of professional education and training in the\\nprevention of heart disease and hypertension and the rehabilitation of\\nvictims of heart disease and hypertension for physicians, medical\\nstudents, nurses, pharmacists and persons in the public health\\nprofession;\\n 4. gather data and statistics relative to the prevention of heart\\ndisease and hypertension and develop methods and procedures for the\\nrehabilitation of these victims;\\n 5. enter into such contracts and agreements with individuals,\\ncolleges, universities, associations, corporations, municipalities and\\nother units of government as may be deemed necessary and advisable to\\ncarry out the general intent and purposes of this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 3 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A27-BT2", "title" : "Centers For the Treatment of Hypertension", "docType" : "TITLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2", "activeDate" : "2014-09-22", "sequenceNo" : 921, "repealedDate" : null, "fromSection" : "2723", "toSection" : "2724", "text" : " TITLE II\\n CENTERS FOR THE TREATMENT OF HYPERTENSION\\nSection 2723. Centers for treatment of hypertension; establishment by\\n commissioner.\\n 2724. Commissioner; additional functions, powers and duties.\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2723", "title" : "Centers for treatment of hypertension; establishment by commissioner", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2723", "activeDate" : "2014-09-22", "sequenceNo" : 922, "repealedDate" : null, "fromSection" : "2723", "toSection" : "2723", "text" : " § 2723. Centers for treatment of hypertension; establishment by\\ncommissioner. Pursuant to rules and regulations of the department, the\\ncommissioner shall establish such centers throughout the state as he\\ndeems necessary to provide a program of treatment and care for\\nhypertension and promote the diagnosis, screening, evaluation and\\nmethods of treatment of hypertension. The commissioner shall also\\ndesignate the geographic areas to be served by such center and may\\nprovide for the proper administration of such centers.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2724", "title" : "Commissioner; additional functions, powers and duties", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2724", "activeDate" : "2014-09-22", "sequenceNo" : 923, "repealedDate" : null, "fromSection" : "2724", "toSection" : "2724", "text" : " § 2724. Commissioner; additional functions, powers and duties. In\\norder to further the declared purposes of this title, the commissioner\\nshall have the following functions, powers and duties:\\n 1. to develop programs for screening, evaluation and treatment of\\nhypertension;\\n 2. to enter into contracts and agreements to provide for the\\nscreening, evaluation and treatment of hypertension pursuant to this\\nsection by July first, nineteen hundred eighty-two;\\n 3. to require as the commissioner may determine to be appropriate that\\nany facility established, incorporated, licensed or regulated pursuant\\nto the provisions of article twenty-eight or forty-seven of this\\nchapter, test for hypertension as part of their ordinary and regular\\ncare or treatment of patients and as necessary screen, treat and\\ndiagnose the incidence of hypertension;\\n 4. to apply for special grants from the federal government and any\\ninstitution making grants for such purposes and use any monies so\\nobtained to supplement any other monies made available from any source\\nfor the purposes of this title;\\n 5. to require persons receiving treatment for hypertension in any\\ncenter providing such treatment to pay a fee established by the\\ncommissioner on a sliding fee scale based on the treatment recipient's\\nability to pay after applying against the total cost of such treatment\\nthe amounts received from third party payors.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 2 }, "repealed" : false } ], "size" : 2 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A27-C", "title" : "Birth Defects Institute", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "27-C", "activeDate" : "2014-09-22", "sequenceNo" : 924, "repealedDate" : null, "fromSection" : "2730", "toSection" : "2733", "text" : " ARTICLE 27-C\\n BIRTH DEFECTS INSTITUTE\\nSection 2730. Declaration of policy.\\n 2731. Birth defects institute.\\n 2732. Commissioner; functions, powers and duties.\\n 2733. Reporting of birth defects; confidentiality of\\n information.\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2730", "title" : "Declaration of policy", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2730", "activeDate" : "2014-09-22", "sequenceNo" : 925, "repealedDate" : null, "fromSection" : "2730", "toSection" : "2730", "text" : " § 2730. Declaration of policy. Occurrence of malformation or\\ninherited disease at the time of birth is a tragedy for the child, the\\nfamily and the community, and a matter of vital concern to the public\\nhealth. In order to provide for the protection and promotion of the\\nhealth of the inhabitants of the state, the department of health shall\\nhave the central and comprehensive responsibility for the development\\nand administration of the state's policy with respect to the conduct of\\nscientific investigations and research concerning the causes,\\nprevention, treatment and cure of birth defects and genetic and allied\\ndiseases.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2731", "title" : "Birth defects institute", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2731", "activeDate" : "2014-09-22", "sequenceNo" : 926, "repealedDate" : null, "fromSection" : "2731", "toSection" : "2731", "text" : " § 2731. Birth defects institute. The commissioner shall establish\\nwithin the department a birth defects institute for the purposes of\\ninitiating and conducting investigations of the causes, mortality,\\nmethods of treatment, prevention and cure of birth defects and genetic\\nand allied diseases.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2732", "title" : "Commissioner; functions, powers and duties", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2732", "activeDate" : "2014-09-22", "sequenceNo" : 927, "repealedDate" : null, "fromSection" : "2732", "toSection" : "2732", "text" : " § 2732. Commissioner; functions, powers and duties. The commissioner\\nshall have the following powers and duties:\\n (a) To conduct scientific investigations and surveys of the causes,\\nmortality, methods of treatment, prevention and cure of birth defects\\nand genetic and allied diseases.\\n (b) To publish from time to time the results of such investigations\\nand surveys for the benefit of the public health and from time to time\\ncollate such publications for distribution to scientific organizations\\nand qualified scientists and physicians.\\n (c) To carry on programs of professional education and training of\\nmedical students, physicians, nurses, scientists and technicians in the\\ncauses, methods of treatment, prevention and cure of birth defects and\\ngenetic and allied diseases.\\n (d) To conduct and support counseling services.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2733", "title" : "Reporting of birth defects; confidentiality of information", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2733", "activeDate" : "2014-09-22", "sequenceNo" : 928, "repealedDate" : null, "fromSection" : "2733", "toSection" : "2733", "text" : " § 2733. Reporting of birth defects; confidentiality of information.\\n1. Birth defects and genetic and allied diseases shall be reported by\\nphysicians, hospitals, and persons in attendance at births in the manner\\nand on such forms as may be prescribed by the commissioner.\\n 2. Such reports and information shall be kept confidential and shall\\nnot be admissible as evidence in an action or proceeding in any court or\\nbefore any other tribunal, board, agency or person. The commissioner\\nmay, however, publish analyses of such reports and information from time\\nto time for scientific and public health purposes, in such a manner as\\nto assure that the identities of the individuals concerned cannot be\\nascertained.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 4 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A27-CC", "title" : "New York State Traumatic Brain Injury Program", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "27-CC", "activeDate" : "2014-09-22", "sequenceNo" : 929, "repealedDate" : null, "fromSection" : "2740", "toSection" : "2744", "text" : " ARTICLE 27-CC\\n NEW YORK STATE TRAUMATIC BRAIN INJURY PROGRAM\\nSection 2740. Traumatic brain injury program.\\n 2741. Definitions.\\n 2742. Functions, powers and duties of the department.\\n 2743. Funding of traumatic brain injury services.\\n 2744. The traumatic brain injury services coordinating council.\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2740", "title" : "Traumatic brain injury program", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2019-12-20" ], "docLevelId" : "2740", "activeDate" : "2014-09-22", "sequenceNo" : 930, "repealedDate" : null, "fromSection" : "2740", "toSection" : "2740", "text" : " § 2740. Traumatic brain injury program. The department shall have the\\ncentral responsibility for administering the provisions of this article\\nand otherwise coordinating the state's policies with respect to\\ntraumatic brain injury, in consultation with the office of mental\\nretardation and developmental disabilities, the office of mental health,\\nthe department of education, the office of alcoholism and substance\\nabuse services, the department of social services, the office of the\\nadvocate for the disabled and the commission on quality of care for the\\nmentally disabled.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2741", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2741", "activeDate" : "2014-09-22", "sequenceNo" : 931, "repealedDate" : null, "fromSection" : "2741", "toSection" : "2741", "text" : " § 2741. Definitions. As used in this article:\\n 1. \"Traumatic brain injury\" means an acquired injury to the brain\\ncaused by an external physical force resulting in total or partial\\ndisability or impairment and shall include but not be limited to damage\\nto the central nervous system from anoxic/hypoxic episodes or damage to\\nthe central nervous system from allergic conditions, toxic substances\\nand other acute medical/clinical incidents. Such term shall include, but\\nnot be limited to, open and closed brain injuries that may result in\\nmild, moderate or severe impairments in one or more areas, including\\ncognition, language, memory, attention, reasoning, abstract thinking,\\njudgment, problem-solving, sensory perceptual and motor abilities,\\npsycho-social behavior, physical functions, information processing and\\nspeech. Such term shall not include progressive dementias and other\\nmentally impairing conditions, depression and psychiatric disorders in\\nwhich there is no known or obvious central nervous system damage,\\nneurological, metabolic and other medical conditions of chronic,\\ncongenital or degenerative nature or brain injuries induced by birth\\ntrauma.\\n 2. \"Concussion\" means a mild traumatic injury to the brain that is\\ncharacterized by immediate and transient alteration of mental status and\\nlevel of consciousness, resulting from mechanical force or trauma.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2742", "title" : "Functions, powers and duties of the department", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2742", "activeDate" : "2014-09-22", "sequenceNo" : 932, "repealedDate" : null, "fromSection" : "2742", "toSection" : "2742", "text" : " § 2742. Functions, powers and duties of the department. The department\\nshall have the following powers and duties:\\n 1. to develop a comprehensive statewide program that includes medical,\\nhousing, vocational, educational, transportation, social, personal care,\\nfamily support, day program services, community re-entry services,\\noutpatient rehabilitation services and other essential services;\\n 2. to develop outreach services to provide coordinated information\\nregarding assistance available to persons with traumatic brain injury\\nand their families;\\n 3. to develop and maintain a clearinghouse of information on traumatic\\nbrain injuries and concussions, including but not limited to, resources\\nthat support the development and implementation of community-based\\nservices and rehabilitation;\\n 4. to track the amount of and cost of services provided to persons\\nwith traumatic brain injury placed in out-of-state treatment settings;\\n 5. to develop innovative educational programs on the causes and\\nprevention of traumatic brain injuries and concussions, with an emphasis\\non outreach campaigns. Such programs and information shall include, but\\nnot be limited to, treatment and services for persons with traumatic\\nbrain injury and/or a concussion and their families;\\n 6. to accept and expend any grants, awards of other funds or\\nappropriations as may be available for these purposes, subject to\\nlimitations as to the approval of expenditures and audits as prescribed\\nfor state funds by the state finance law;\\n 7. to gather and disseminate statistics and conduct investigations and\\nresearch relating to the causes and prevention of traumatic brain\\ninjuries and concussions and the treatment of such injuries, including\\nthe methods and procedures for rehabilitation, including from time to\\ntime, such publications for distribution to appropriate scientific\\norganizations;\\n 8. to contract with independent consultants to conduct assessments of\\nthe needs of persons with traumatic brain injury;\\n 9. to develop training programs for persons providing discharge plans\\nand case management; and\\n 10. to develop standards for licensing or certifying residential and\\nnon-residential services for persons with traumatic brain injury to the\\nextent that such services are not otherwise subject to the jurisdiction\\nof another state agency.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2743", "title" : "Funding of traumatic brain injury services", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2743", "activeDate" : "2014-09-22", "sequenceNo" : 933, "repealedDate" : null, "fromSection" : "2743", "toSection" : "2743", "text" : " § 2743. Funding of traumatic brain injury services. 1. The department\\nshall develop a biennial plan and priorities for the funding of services\\nand programs as authorized by this article, with emphasis on the\\ndevelopment and expansion of community-based services and programs.\\n 2. Such plan shall provide for the development of services, dispersed\\ngeographically to the extent feasible, which shall minimize the need for\\nout-of-state placements and promote the return of individuals currently\\nplaced out-of-state to enhance family involvement and promote community\\nreintegration.\\n 3. The department shall, to the extent feasible, utilize existing\\norganizations with demonstrated interest and expertise in serving\\npersons with traumatic brain injuries and shall, within funds available,\\nenter into contracts with such organizations.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2744", "title" : "The traumatic brain injury services coordinating council", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2019-12-20", "2025-02-21" ], "docLevelId" : "2744", "activeDate" : "2014-09-22", "sequenceNo" : 934, "repealedDate" : null, "fromSection" : "2744", "toSection" : "2744", "text" : " § 2744. The traumatic brain injury services coordinating council. 1.\\nThe traumatic brain injury services coordinating council is hereby\\nestablished and shall consist of the following persons or their\\ndesignees: the commissioner, the commissioner of mental retardation and\\ndevelopmental disabilities, the office of mental health, the\\ncommissioner of education, the commissioner of alcoholism and substance\\nabuse services, the commissioner of social services, the state advocate\\nfor the disabled and the commission on quality of care for the mentally\\ndisabled. In addition, the council shall consist of the following\\npersons: five persons appointed by the governor, three of whom shall be\\npersons with traumatic brain injury and two of whom shall be\\nrepresentative of the public and have a demonstrated expertise and\\ninterest in traumatic brain injury; two persons appointed by the\\ntemporary president of the senate, one of whom shall be a person with\\ntraumatic brain injury and one of whom shall be representative of the\\npublic and have a demonstrated expertise and interest in traumatic brain\\ninjury; two persons appointed by the speaker of the assembly, one of\\nwhom shall be a person with traumatic brain injury and one of whom shall\\nbe representative of the public and have a demonstrated expertise and\\ninterest in traumatic brain injury, one person appointed by the minority\\nleader of the senate who shall be a person with traumatic brain injury\\nor be representative of the public and have a demonstrated expertise and\\ninterest in traumatic brain injury; and one person appointed by the\\nminority leader of the assembly who shall be a person with traumatic\\nbrain injury or be representative of the public and have a demonstrated\\nexpertise and interest in traumatic brain injury. Of the five persons\\nappointed by the governor, three shall serve for a term of one year, one\\nshall serve for a term of two years and one shall serve for a term of\\nthree years. Of the two persons appointed by the temporary president of\\nthe senate, one shall serve for a term of two years and one shall serve\\nfor a term of three years. Of the two persons appointed by the speaker\\nof the assembly, one shall serve for a term of two years and one shall\\nserve for a term of three years. The person appointed by the minority\\nleader of the senate and the person appointed by the minority leader of\\nthe assembly shall serve for a term of one year. Subsequent appointments\\nfor vacancies shall be for a term of three years and shall be filled in\\nthe same manner as the original appointment.\\n 2. The council shall be charged with recommending to the department\\nlong range objectives, goals and priorities. It shall also provide\\nadvice on the planning, coordination and development of needed services.\\n 3. The members of the council shall receive no compensation for their\\nservices, but shall be allowed their actual and necessary expenses\\nincurred in the performance of their duties hereunder, subject to the\\napproval of the commissioner.\\n 4. (a) Within the traumatic brain injury services coordinating council\\nthere shall be established a concussion management advisory committee\\nwhich shall develop recommendations specific to concussion management,\\nacademic scholarship, and public awareness for submission to the\\ntraumatic brain injury services coordinating council for consideration.\\nThe committee shall consist of members appointed from the membership of\\nthe traumatic brain injury services coordinating council by a majority\\nvote of the council. Additional committee members may be appointed by\\nthe commissioner and shall have demonstrated experience with or\\nexpertise in one of the following areas: public health expertise related\\nto mild traumatic brain injuries and concussions, academic research in\\nthe area of traumatic brain injuries and concussion management, and\\npublic awareness experience related to the recognition of mild traumatic\\nbrain injuries and concussions. Committee membership shall not exceed\\ntwelve members. The committee may consult with a member or members of\\nthe public who have demonstrated expertise and interest in mild\\ntraumatic brain injuries and concussions.\\n (b) The recommendations of the advisory committee shall include, but\\nnot be limited to:\\n (i) methods to raise public awareness of mild traumatic brain injuries\\nand concussions;\\n (ii) the development of outreach services to provide coordinated\\ninformation regarding the recognition and management of mild traumatic\\nbrain injuries and concussions; and\\n (iii) the development of a clearinghouse of academic research and\\nscientific findings related to the recognition, management, and\\ntreatment of mild traumatic injuries and concussions.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 5 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A27-CCC", "title" : "Leukemia, Lymphoma and Myeloma Research, Education and Treatment Program", "docType" : "ARTICLE", "publishedDates" : [ "2019-09-20" ], "docLevelId" : "27-CCC", "activeDate" : "2019-09-20", "sequenceNo" : 935, "repealedDate" : null, "fromSection" : "2747", "toSection" : "2747", "text" : " ARTICLE 27-CCC\\nLEUKEMIA, LYMPHOMA AND MYELOMA RESEARCH, EDUCATION AND TREATMENT PROGRAM\\nSection 2747. Leukemia, lymphoma and myeloma research, education and\\n treatment.\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2747", "title" : "Leukemia, lymphoma and myeloma research, education and treatment", "docType" : "SECTION", "publishedDates" : [ "2019-09-20" ], "docLevelId" : "2747", "activeDate" : "2019-09-20", "sequenceNo" : 936, "repealedDate" : null, "fromSection" : "2747", "toSection" : "2747", "text" : " § 2747. Leukemia, lymphoma and myeloma research, education and\\ntreatment. The commissioner shall establish within the department a\\nprogram to promote research, education and treatment regarding leukemia,\\nlymphoma and myeloma. To carry out the purposes of this section, the\\ncommissioner shall have the following powers and duties:\\n 1. to promote research, education and treatment programs designed to\\nreduce or prevent the incidence and severity of leukemia, lymphoma and\\nmyeloma;\\n 2. to accept and expend any grants, awards or other funds or\\nappropriations as may be available for these purposes subject to\\nlimitations as to the approval of expenditures and audit as prescribed\\nfor state funds by the state finance law; and\\n 3. to enter into contracts within the amounts available therefor as\\nmay be necessary to implement the provisions of this section.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 1 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A27-D", "title" : "New York State Burns Care Institute", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "27-D", "activeDate" : "2014-09-22", "sequenceNo" : 937, "repealedDate" : null, "fromSection" : "2750", "toSection" : "2752", "text" : " ARTICLE 27-D\\n NEW YORK STATE BURNS CARE INSTITUTE\\nSection 2750. Legislative findings and purpose.\\n 2751. New York state burns care institute; organization.\\n 2752. Functions, powers and duties.\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2750", "title" : "Legislative findings and purpose", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2750", "activeDate" : "2014-09-22", "sequenceNo" : 938, "repealedDate" : null, "fromSection" : "2750", "toSection" : "2750", "text" : " § 2750. Legislative findings and purpose. One of the three major\\ncauses of accidental death in New York state is burn injury, and one of\\nthe contributing factors to the high mortality rate from burn injuries\\nis the lack of trained individuals and available facilities for the\\ntreatment and rehabilitation of the victims of burn injury. In order to\\nprovide for the improved delivery of medical care to the victims of burn\\ninjury in the state, the department of health shall have the central and\\ncomprehensive responsibility for the development and administration of\\nthe state's policy with respect to medical care of victims of burn\\ninjury.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2751", "title" : "New York state burns care institute; organization", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2751", "activeDate" : "2014-09-22", "sequenceNo" : 939, "repealedDate" : null, "fromSection" : "2751", "toSection" : "2751", "text" : " § 2751. New York state burns care institute; organization. 1. The New\\nYork state burns care institute is hereby created within the department\\nof health.\\n 2. The commissioner shall appoint a director of the institute and may\\nemploy such assistants and personnel as are necessary to carry out the\\nprovisions of this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2752", "title" : "Functions, powers and duties", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2752", "activeDate" : "2014-09-22", "sequenceNo" : 940, "repealedDate" : null, "fromSection" : "2752", "toSection" : "2752", "text" : " § 2752. Functions, powers and duties. In order to further the\\ndeclared purposes of this article, the institute shall have the\\nfollowing functions, powers and duties:\\n 1. To contract with such regional burns care centers as the\\ncommissioner may determine, and on connection therewith, to:\\n (a) conduct scientific investigations of methods of treatment of burn\\ninjuries and rehabilitation of burn injury victims, such investigations\\nto be primarily conducted as clinical research investigations; and to\\n (b) conduct a program of professional education and training in the\\ntreatment of burn injury and the rehabilitation of victims of burn\\ninjury for medical students, physicians, nurses and ambulance attendants\\nlocated in the vicinities of the central and regional burns treatment\\ncenters.\\n 2. To determine the need for and coordinate and supervise the\\nestablishment and operation of such regional and local burns treatment\\ncenters as are necessary in the state.\\n 3. To develop and supervise programs of professional education and\\ntraining in the treatment of burn injury and the rehabilitation of\\nvictims of burn injury for medical students, physicians, nurses and\\nambulance attendants in regional and local burns treatment centers.\\n 4. To gather data and statistics and conduct investigations and\\nresearch relating to the causes and prevention of burn injuries and the\\ntreatment of burn injury victims including the methods and procedures\\nfor their rehabilitation, and to disseminate information and conduct\\neducational programs as to such causes, prevention and treatment.\\n 5. To enter into such contracts and agreements with individuals,\\ncolleges, universities, associations, corporations, municipalities and\\nother units of government as may be deemed necessary and advisable to\\ncarry out the general intent and purposes of this article. Such\\ncontracts may provide for payment by the state for materials, equipment\\nor services.\\n 6. The commissioner may adopt such rules and regulations as are\\nnecessary to effectuate the purposes and provisions of this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 3 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A27-DD", "title" : "State Advisory Panel On Hiv/hbv Infected Health Care Workers", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "27-DD", "activeDate" : "2014-09-22", "sequenceNo" : 941, "repealedDate" : null, "fromSection" : "2760", "toSection" : "2761", "text" : " ARTICLE 27-DD\\n STATE ADVISORY PANEL ON HIV/HBV INFECTED HEALTH CARE WORKERS\\nSection 2760. Advisory panel established.\\n 2761. Function, powers and duties.\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2760", "title" : "Advisory panel established", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2760", "activeDate" : "2014-09-22", "sequenceNo" : 942, "repealedDate" : null, "fromSection" : "2760", "toSection" : "2760", "text" : " § 2760. Advisory panel established. 1. A state advisory panel for the\\nevaluation of health care workers with human immunodeficiency virus\\n(HIV) or hepatitis B (HBV) (hereinafter referred to in this article as\\nHIV/HBV) is hereby established in the department. This panel shall be\\nknown as the health care worker HIV/HBV advisory panel and shall be\\ncomposed of three to five members. The commissioner shall appoint three\\nmembers for a term of two years: a state or local public health officer,\\nan infectious disease expert and an expert in infection control or\\nepidemiology. For the purpose of the panel's deliberations on a specific\\ncase: (a) the commissioner may appoint a health professional with\\nexpertise relevant to procedures performed by the health care worker,\\nprovided, however, that the commissioner shall appoint such professional\\nif the health care worker so requests; and (b) the commissioner shall,\\nat the health care worker's request, appoint the health care worker's\\npersonal physician. The commissioner shall appoint the chairperson of\\nthe panel. A vacancy occurring during a term shall be filled by\\nappointment by the commissioner for the unexpired term. Any member may\\nbe removed from the panel at the pleasure of the commissioner.\\n 2. Each member of the panel shall receive up to one hundred fifty\\ndollars as prescribed by the commissioner for each day devoted to panel\\nwork not to exceed forty-five hundred dollars in any one year, and shall\\nbe reimbursed for actual and necessary expenses incurred in the\\nperformance of his/her duties.\\n 3. The department shall advise the panel members of statutory and\\nregulatory confidentiality provisions and restrictions on disclosure of\\ninformation which are applicable to the panel members and to panel\\noperations.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2761", "title" : "Function, powers and duties", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2761", "activeDate" : "2014-09-22", "sequenceNo" : 943, "repealedDate" : null, "fromSection" : "2761", "toSection" : "2761", "text" : " § 2761. Function, powers and duties. 1. The health care worker\\nHIV/HBV advisory panel shall only evaluate and advise an HIV/HBV\\ninfected health care worker who voluntarily seeks the panel's review of\\nthe risk of HIV/HBV transmission to others through his/her workplace\\npractice. Prior to the panel's evaluation of the worker, the panel must\\nfully advise the worker of the panel's authority to investigate, to\\nrecommend practice restrictions or modifications, to advise facilities\\nof such restrictions and to refer cases to professional licensing,\\nregistration and certification boards. If the health care worker is\\naffiliated with or employed at a facility licensed by the department,\\nthe panel may evaluate and advise the worker only after such facility\\nhas completed its review of the scope of practice of the worker. This\\ninstitutional review may be conducted through the facility's existing\\nquality assurance program as required under section twenty-eight hundred\\nfive-j of this chapter, and need not require the creation of a separate\\nfacility HIV/HBV panel. Notwithstanding any other provision of law, rule\\nor regulation, the panel may request and shall be entitled to receive\\npatient records and other documents or information reasonably necessary\\nfor and relevant to the panel's deliberations and the implementation of\\nthis article including information and reports available to the\\ndepartment under section twenty-eight hundred five-m of this chapter,\\nprovided that the panel may only request records with patient names if\\nessential to the panel's complete review of the case and provided\\nfurther that employees of the department, other than the panel, shall\\nredact patient names before panel review of such records. Any such\\ninformation and reports provided to the panel that are subject to\\nsection two thousand eight hundred five-m of this chapter shall remain\\nsubject to the limitations on disclosure provided by such section. The\\npanel may seek the advice of professionals with relevant expertise. The\\npanel shall give the health care worker an opportunity to meet with the\\npanel. The health care worker may be accompanied by a union or other\\nrepresentative at such meeting. Only when evidence indicates that the\\nhealth care worker's practice poses a significant risk of harm to\\npatients, the panel shall make appropriate recommendations that are\\nleast restrictive with respect to the health care worker's practice\\nincluding, but not limited to, training or monitoring, or, if necessary,\\nreassignment or practice restrictions.\\n 2. The panel shall evaluate an HIV/HBV infected health care worker\\npursuant to comprehensive medical criteria, including:\\n (a) physical or mental condition that interferes with or is\\nsignificantly likely to interfere with the worker's ability to perform\\nassigned tasks or regular duties;\\n (b) lack of compliance with established guidelines to prevent\\ntransmission of disease and/or documentation or evidence of previous\\ntransmission of bloodborne pathogens;\\n (c) the appropriateness of techniques as related to performance of\\nprocedures; and\\n (d) any health condition that would pose a significant risk to others.\\n 3. When the panel recommends training, monitoring, reassignment, any\\nsimilar action, or practice restrictions, the health care worker shall\\nprovide written assurance to the panel that he/she has informed\\nfacilities licensed by the department where the worker provides patient\\ncare of the panel's recommendations and shall identify the person or\\npersons at the facilities so informed. If the health care worker fails\\nto inform facilities licensed by the department where he/she provides\\npatient care of the panel's recommendations, the panel shall so notify\\nsuch facilities. If the health care worker fails to comply with the\\npanel's recommendations or compliance cannot be determined by the panel\\nafter reasonable effort, the panel shall disclose the nature of its\\nrecommendations to the professional licensing, registration or\\ncertification boards relevant to the health care worker. The panel may\\nperiodically monitor and reevaluate the worker, with the worker's\\nconsent, at a frequency and through a mechanism to be determined by\\nagreement between the worker and the panel.\\n 4. The information received by the panel, the record of deliberations\\nof the panel, and the decisions of the panel are not disclosable\\npursuant to article six of the public officers law. If the health care\\nworker fails to comply with the recommendations of the panel or\\ncompliance cannot be determined by the panel after reasonable effort,\\ninformation held by the panel, the panel's deliberations and\\nrecommendations may be disclosed to and utilized by the office of\\nprofessional medical conduct, the office of professional discipline and\\nappropriate disciplinary bodies. The meetings of the panel are not\\nsubject to article seven of the public officers law. The members of the\\npanel are bound by article six-A of the public officers law (personal\\nprivacy protection law).\\n 5. A health care worker's petition to the panel shall not prevent or\\npreclude the worker from seeking relief in any other forum at any time.\\n 6. The commissioner may promulgate regulations implementing this\\narticle.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 2 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A27-E", "title" : "The Acquired Immune Deficiency Syndrome Institute", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "27-E", "activeDate" : "2014-09-22", "sequenceNo" : 944, "repealedDate" : null, "fromSection" : "2775", "toSection" : "2779", "text" : " ARTICLE 27-E\\n THE ACQUIRED IMMUNE DEFICIENCY SYNDROME INSTITUTE\\nSection 2775. The acquired immune deficiency syndrome institute.\\n 2776. Powers and duties.\\n 2777. Research council.\\n 2778. Advisory council.\\n 2779. Reports by the commissioner.\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2775", "title" : "The acquired immune deficiency syndrome institute", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2775", "activeDate" : "2014-09-22", "sequenceNo" : 945, "repealedDate" : null, "fromSection" : "2775", "toSection" : "2775", "text" : " § 2775. The acquired immune deficiency syndrome institute. 1. There\\nis hereby established within the department of health the acquired\\nimmune deficiency syndrome institute. The institute shall have the\\ncentral responsibility for administering the provisions of this article\\nand otherwise coordinating the state's policies with respect to acquired\\nimmune deficiency syndrome.\\n 2. The commissioner shall appoint a director of the institute and may\\nassign such personnel within the amounts appropriated as is necessary to\\ncarry out the provisions of this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2776", "title" : "Powers and duties", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2776", "activeDate" : "2014-09-22", "sequenceNo" : 946, "repealedDate" : null, "fromSection" : "2776", "toSection" : "2776", "text" : " § 2776. Powers and duties. 1. The institute shall have the following\\npowers and duties:\\n (a) to develop and promote scientific investigations into the cause,\\nprevention, methods of treatment, and cure of the acquired diseases of\\nimmunosuppression;\\n (b) to develop and promote programs of professional education and\\ntraining and improvements in instrumentation as necessary adjuncts to\\nsuch scientific investigations;\\n (c) to develop and maintain a clearing house within the department for\\ninformation collected on acquired immune deficiency syndrome, including\\na catalogue of the existing medical literature and the results of\\nexisting epidemiological studies;\\n (d) to develop and promote an outreach campaign directed toward\\ntargeted high risk populations to provide coordinated information\\nregarding the treatment and counseling programs and sources of financial\\nassistance available; and\\n (e) to promote the availability of supportive services for affected\\npersons.\\n 2. Personal data in any investigations, reports and information\\nrelating thereto shall be kept confidential and be afforded all of the\\nprotections provided by the provisions of paragraph (j) of subdivision\\none of section two hundred six of the public health law. The institute\\nmay, however, from time to time publish analyses of such scientific\\ninvestigations in such a manner as to assure that the identities of the\\nindividuals concerned cannot be ascertained.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2777", "title" : "Research council", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2777", "activeDate" : "2014-09-22", "sequenceNo" : 947, "repealedDate" : null, "fromSection" : "2777", "toSection" : "2777", "text" : " § 2777. Research council. 1. There shall be established within the\\ninstitute a research council composed of seven members to be appointed\\nby the commissioner. The members shall be representative of recognized\\ncenters engaged in the scientific investigation of acquired\\nimmunosuppressive diseases.\\n 2. The research council shall be responsible for making\\nrecommendations to the institute for the purpose of carrying out the\\nprovisions of paragraphs (a) and (b) of subdivision one of section\\ntwenty-seven hundred seventy-six of this article.\\n 3. The council shall meet at least four times a year. Special meetings\\nmay be called by the chairman, and shall be called by him at the request\\nof the commissioner.\\n 4. The members of the council shall receive no compensation for their\\nservices, but shall be allowed their actual and necessary expenses\\nincurred in the performance of their duties hereunder.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2778", "title" : "Advisory council", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2778", "activeDate" : "2014-09-22", "sequenceNo" : 948, "repealedDate" : null, "fromSection" : "2778", "toSection" : "2778", "text" : " § 2778. Advisory council. 1. There shall be established within the\\ninstitute an advisory council composed of seventeen members who shall be\\nappointed in the following manner: three shall be appointed by the\\ntemporary president of the senate and one by the minority leader of the\\nsenate; three shall be appointed by the speaker of the assembly and one\\nby the minority leader of the assembly; nine shall be appointed by the\\ngovernor. The governor shall designate the chairman of the advisory\\ncouncil. The members of the council shall be representative of the\\npublic, educational and medical institutions, local health departments\\nand nonprofit organizations, including organizations providing services\\nto high risk populations.\\n 2. The advisory council shall be responsible for advising the\\ncommissioner with respect to the implementation of this article and\\nshall make recommendations to the institute for the purpose of carrying\\nout the provisions of paragraphs (c), (d) and (e) of subdivision one of\\nsection twenty-seven hundred seventy-six hereof.\\n 3. The council shall meet at least four times a year. Special meetings\\nmay be called by the chairman, and shall be called by him at the request\\nof the commissioner.\\n 4. The members of the council shall receive no compensation for their\\nservices, but shall be allowed their actual and necessary expenses\\nincurred in the performance of their duties hereunder.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2779", "title" : "Reports by the commissioner", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2779", "activeDate" : "2014-09-22", "sequenceNo" : 949, "repealedDate" : null, "fromSection" : "2779", "toSection" : "2779", "text" : " § 2779. Reports by the commissioner. The commissioner shall make a\\nfirst preliminary report to the governor and the legislature of its\\nfindings, conclusions, and recommendations not later than December\\nfirst, nineteen hundred eighty-three, a second preliminary report of its\\nfindings, conclusions and recommendations not later than March first,\\nnineteen hundred eighty-four and a final report of its findings,\\nconclusions and recommendations not later than March first, nineteen\\nhundred eighty-five, and shall submit with its reports such legislative\\nproposals as it deems necessary to implement its recommendations.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 5 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A27-F", "title" : "Hiv and Aids Related Information", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "27-F", "activeDate" : "2014-09-22", "sequenceNo" : 950, "repealedDate" : null, "fromSection" : "2780", "toSection" : "2787", "text" : " ARTICLE 27-F\\n HIV AND AIDS RELATED INFORMATION\\nSection 2780. Definitions.\\n 2781. HIV related testing.\\n 2781-a. Required offering of HIV related testing.\\n 2782. Confidentiality and disclosure.\\n 2783. Penalties; immunities.\\n 2784. Applicability to insurance institutions and insurance\\n support organizations.\\n 2785. Court authorization for disclosure of confidential HIV\\n related information.\\n 2785-a. Court order for HIV related testing in certain cases.\\n 2786. Rules and regulations; forms; report.\\n 2787. Separability.\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2780", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2780", "activeDate" : "2014-09-22", "sequenceNo" : 951, "repealedDate" : null, "fromSection" : "2780", "toSection" : "2780", "text" : " § 2780. Definitions. As used in this article, the following terms\\nshall have the following meanings:\\n 1. \"AIDS\" means acquired immune deficiency syndrome, as may be defined\\nfrom time to time by the centers for disease control of the United\\nStates public health service.\\n 2. \"HIV infection\" means infection with the human immunodeficiency\\nvirus or any other related virus identified as a probable causative\\nagent of AIDS.\\n 3. \"HIV related illness\" means any illness that may result from or may\\nbe associated with HIV infection.\\n 4. \"HIV related test or HIV related testing\" means any laboratory\\ntest, tests or series of tests approved for the diagnosis of HIV.\\n 4-a. \"Rapid HIV test or testing\" means any laboratory screening test\\nor tests approved for detecting antibodies to HIV, that produce results\\nin sixty minutes or less, and encompasses a confirmatory HIV related\\ntest if the screening test is reactive.\\n 5. \"Capacity to consent\" means an individual's ability, determined\\nwithout regard to the individual's age, to understand and appreciate the\\nnature and consequences of a proposed health care service, treatment, or\\nprocedure, or of a proposed disclosure of confidential HIV related\\ninformation, as the case may be, and to make an informed decision\\nconcerning the service, treatment, procedure or disclosure.\\n 6. \"Protected individual\" means a person who is the subject of an HIV\\nrelated test or who has been diagnosed as having HIV infection, AIDS or\\nHIV related illness.\\n 7. \"Confidential HIV related information\" means any information, in\\nthe possession of a person who provides one or more health or social\\nservices or who obtains the information pursuant to a release of\\nconfidential HIV related information, concerning whether an individual\\nhas been the subject of an HIV related test, or has HIV infection, HIV\\nrelated illness or AIDS, or information which identifies or reasonably\\ncould identify an individual as having one or more of such conditions,\\nincluding information pertaining to such individual's contacts.\\n 8. \"Health or social service\" means any public or private care,\\ntreatment, clinical laboratory test, counseling or educational service\\nfor adults or children, and acute, chronic, custodial, residential,\\noutpatient, home or other health care provided pursuant to this chapter\\nor the social services law; public assistance or care as defined in\\narticle one of the social services law; employment-related services,\\nhousing services, foster care, shelter, protective services, day care,\\nor preventive services provided pursuant to the social services law;\\nservices for the mentally disabled as defined in article one of the\\nmental hygiene law; probation services, provided pursuant to articles\\ntwelve and twelve-A of the executive law; parole services, provided\\npursuant to article eight of the correction law; corrections and\\ncommunity supervision, provided pursuant to the correction law;\\ndetention and rehabilitative services provided pursuant to article\\nnineteen-G of the executive law; and the activities of the health care\\nworker HIV/HBV advisory panel pursuant to article twenty-seven-DD of\\nthis chapter.\\n 9. \"Release of confidential HIV related information\" means a written\\nauthorization for disclosure of confidential HIV related information\\nwhich is signed by the protected individual, or if the protected\\nindividual lacks capacity to consent, a person authorized pursuant to\\nlaw to consent to health care for the individual. Such release shall be\\ndated and shall specify to whom disclosure is authorized, the purpose\\nfor such disclosure and the time period during which the release is to\\nbe effective. A general authorization for the release of medical or\\nother information shall not be construed as a release of confidential\\nHIV related information, unless such authorization specifically\\nindicates its dual purpose as a general authorization and an\\nauthorization for the release of confidential HIV related information\\nand complies with the requirements of this subdivision.\\n 10. \"Contact\" means an identified spouse or sex partner of the\\nprotected individual, a person identified as having shared hypodermic\\nneedles or syringes with the protected individual or a person who the\\nprotected individual may have exposed to HIV under circumstances that\\npresent a risk of transmission of HIV, as determined by the\\ncommissioner.\\n 11. \"Person\" includes any natural person, partnership, association,\\njoint venture, trust, public or private corporation, or state or local\\ngovernment agency.\\n 12. \"Health facility\" means a hospital as defined in section two\\nthousand eight hundred one of this chapter, blood bank, blood center,\\nsperm bank, organ or tissue bank, clinical laboratory, or facility\\nproviding care or treatment to persons with a mental disability as\\ndefined in article one of the mental hygiene law.\\n 13. \"Health care provider\" means any physician, nurse, provider of\\nservices for the mentally disabled as defined in article one of the\\nmental hygiene law, or other person involved in providing medical,\\nnursing, counseling, or other health care or mental health service,\\nincluding those associated with, or under contract to, a health\\nmaintenance organization or medical services plan.\\n 14. \"Child\" means any protected individual actually or apparently\\nunder eighteen years of age.\\n 15. \"Authorized agency\" means any agency defined by section three\\nhundred seventy-one of the social services law and, for the purposes of\\nthis article, shall include such corporations incorporated or organized\\nunder the laws of the state as may be specifically authorized by their\\ncertificates of incorporation to receive children for the purposes of\\nadoption or foster care.\\n 16. \"Insurance institution\" means any corporation, association,\\npartnership, reciprocal exchange, interinsurer, fraternal benefits\\nsociety, agent, broker or other entity including, but not limited to,\\nany health maintenance organization, medical service plan, or hospital\\nplan which: (a) is engaged in the business of insurance; (b) provides\\nhealth services coverage plans; or (c) provides benefits under,\\nadministers, or provides services for, an employee welfare benefit plan\\nas defined in 29 U.S.C. 1002(1).\\n 17. \"Insurance support organization\" means any person who regularly\\nengages, in whole or in part, in the practice of assembling or\\ncollecting information about natural persons for the primary purpose of\\nproviding the information to an insurance institution for insurance\\ntransactions, including: (a) the furnishing of consumer reports or\\ninvestigative consumer reports to an insurance instititution for use in\\nconnection with an insurance transaction; or (b) the collection of\\npersonal information from insurance institutions or other insurance\\nsupport organizations for the purpose of detecting or preventing fraud,\\nmaterial misrepresentation, or material non-disclosure in connection\\nwith insurance underwriting or insurance claim activity. The following\\npersons shall not be considered \"insurance-support organizations\" for\\nthe purposes of this article: government institutions, insurance\\ninstitutions, health facilities and health care providers.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2781", "title" : "HIV related testing", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-05-01", "2016-12-02", "2024-07-05" ], "docLevelId" : "2781", "activeDate" : "2016-12-02", "sequenceNo" : 952, "repealedDate" : null, "fromSection" : "2781", "toSection" : "2781", "text" : " § 2781. HIV related testing. 1. Except as provided in section three\\nthousand one hundred twenty-one of the civil practice law and rules, or\\nunless otherwise specifically authorized or required by a state or\\nfederal law, no person shall order the performance of an HIV related\\ntest without first, at a minimum, orally advising the protected\\nindividual, or, when the protected individual lacks capacity to consent,\\na person authorized to consent to health care for such individual, that\\nan HIV-related test is being performed, or over the objection of such\\nindividual or authorized persons. Such advisement and objection, when\\napplicable shall be noted in the individual's record.\\n 2. A person ordering the performance of an HIV related test shall\\nprovide either directly or through a representative to the subject of an\\nHIV related test or, if the subject lacks capacity to consent, to a\\nperson authorized pursuant to law to consent to health care for the\\nsubject, an explanation that:\\n (a) HIV causes AIDS and can be transmitted through sexual activities\\nand needle-sharing, by pregnant women to their fetuses, and through\\nbreastfeeding infants;\\n (b) there is treatment for HIV that can help an individual stay\\nhealthy;\\n (c) individuals with HIV or AIDS can adopt safe practices to protect\\nuninfected and infected people in their lives from becoming infected or\\nmultiply infected with HIV;\\n (d) testing is voluntary and can be done anonymously at a public\\ntesting center;\\n (e) the law protects the confidentiality of HIV related test results;\\n (f) the law prohibits discrimination based on an individual's HIV\\nstatus and services are available to help with such consequences; and\\n (g) the law requires that an individual be advised before an\\nHIV-related test is performed, and that no test shall be performed over\\nhis or her objection.\\n Protocols shall be in place to ensure compliance with this section.\\n 4. A person authorized pursuant to law to order the performance of an\\nHIV related test shall provide directly or through a representative to\\nthe person seeking such test, an opportunity to remain anonymous through\\nuse of a coded system with no linking of individual identity to the test\\nrequest or results. A health care provider who is not authorized by the\\ncommissioner to provide HIV related tests on an anonymous basis shall\\nrefer a person who requests an anonymous test to a test site which does\\nprovide anonymous testing. The provisions of this subdivision shall not\\napply to a health care provider ordering the performance of an HIV\\nrelated test on an individual proposed for insurance coverage.\\n 5. At the time of communicating the test result to the subject of the\\ntest, a person ordering the performance of an HIV related test shall,\\ndirectly or through a representative:\\n (a) in the case of a test indicating evidence of HIV infection,\\nprovide the subject of the test or, if the subject lacks capacity to\\nconsent, the person authorized pursuant to law to consent to health care\\nfor the subject with counseling or referrals for counseling: (i) for\\ncoping with the emotional consequences of learning the result; (ii)\\nregarding the discrimination problems that disclosure of the result\\ncould cause; (iii) for behavior change to prevent transmission or\\ncontraction of HIV infection; (iv) to inform such person of available\\nmedical treatments; and (v) regarding the need to notify his or her\\ncontacts; and\\n (b) in the case of a test not indicating evidence of HIV infection,\\nprovide (in a manner which may consist of oral or written reference to\\ninformation previously provided) the subject of the test, or if the\\nsubject lacks capacity to consent, the person authorized pursuant to law\\nto consent to health care for the subject, with information concerning\\nthe risks of participating in high risk sexual or needle-sharing\\nbehavior.\\n 5-a. With the consent of the subject of a test indicating evidence of\\nHIV infection or, if the subject lacks capacity to consent, with the\\nconsent of the person authorized pursuant to law to consent to health\\ncare for the subject, the person who ordered the performance of the HIV\\nrelated test, or such person's representative, shall provide or arrange\\nwith a health care provider for an appointment for follow-up medical\\ncare for HIV for such subject.\\n 6. The provisions of this section shall not apply to the performance\\nof an HIV related test:\\n (a) by a health care provider or health facility in relation to the\\nprocuring, processing, distributing or use of a human body or a human\\nbody part, including organs, tissues, eyes, bones, arteries, blood,\\nsemen, or other body fluids, for use in medical research or therapy, or\\nfor transplantation to individuals provided, however, that where the\\ntest results are communicated to the subject, post-test counseling, as\\ndescribed in subdivision five of this section, shall nonetheless be\\nrequired; or\\n (b) for the purpose of research if the testing is performed in a\\nmanner by which the identity of the test subject is not known and may\\nnot be retrieved by the researcher; or\\n (c) on a deceased person, when such test is conducted to determine the\\ncause of death or for epidemiological purposes; or\\n (d) conducted pursuant to section twenty-five hundred-f of this\\nchapter; or\\n (e) in situations involving occupational exposures which create a\\nsignificant risk of contracting or transmitting HIV infection, as\\ndefined in regulations of the department and pursuant to protocols\\nadopted by the department,\\n (i) provided that:\\n (A) the person who is the source of the occupational exposure is\\ndeceased, comatose or is determined by his or her attending health care\\nprofessional to lack mental capacity to consent to an HIV related test\\nand is not reasonably expected to recover in time for the exposed person\\nto receive appropriate medical treatment, as determined by the exposed\\nperson's attending health care professional who would order or provide\\nsuch treatment;\\n (B) there is no person available or reasonably likely to become\\navailable who has the legal authority to consent to the HIV related test\\non behalf of the source person in time for the exposed person to receive\\nappropriate medical treatment; and\\n (C) the exposed person will benefit medically by knowing the source\\nperson's HIV test results, as determined by the exposed person's health\\ncare professional and documented in the exposed person's medical record;\\n (ii) in which case\\n (A) a provider shall order an anonymous HIV test of the source person;\\nand\\n (B) the results of such anonymous test, but not the identity of the\\nsource person, shall be disclosed only to the attending health care\\nprofessional of the exposed person solely for the purpose of assisting\\nthe exposed person in making appropriate decisions regarding\\npost-exposure medical treatment; and\\n (C) the results of the test shall not be disclosed to the source\\nperson or placed in the source person's medical record.\\n 7. In the event that an HIV related test is ordered by a physician or\\ncertified nurse practitioner pursuant to the provisions of the education\\nlaw providing for non-patient specific regimens, then for the purposes\\nof this section the individual administering the test shall be deemed to\\nbe the individual ordering the test.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2781-A", "title" : "Required offering of HIV related testing", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2016-12-02" ], "docLevelId" : "2781-A", "activeDate" : "2016-12-02", "sequenceNo" : 953, "repealedDate" : null, "fromSection" : "2781-A", "toSection" : "2781-A", "text" : " § 2781-a. Required offering of HIV related testing. 1. Every\\nindividual age thirteen and older (or younger than thirteen if there is\\nevidence or indication of risk activity) who receives health services as\\nan inpatient or in the emergency department of a general hospital\\ndefined in subdivision ten of section twenty-eight hundred one of this\\nchapter or who receives primary care services in an outpatient\\ndepartment of such hospital or in a diagnostic and treatment center\\nlicensed under article twenty-eight of this chapter or from a physician,\\nphysician assistant, nurse practitioner, or midwife providing primary\\ncare shall in accordance with subdivision one of section two thousand\\nseven hundred eighty-one of this article be offered an HIV related test\\nunless the health care practitioner providing such services reasonably\\nbelieves that (a) the individual is being treated for a life threatening\\nemergency; or (b) the individual has previously been offered or has been\\nthe subject of an HIV related test (except that a test shall be offered\\nif otherwise indicated); or (c) the individual lacks capacity to consent\\nto an HIV related test.\\n 2. As used in this section, \"primary care\" means the medical fields of\\nfamily medicine, general pediatrics, primary care, internal medicine,\\nprimary care obstetrics, or primary care gynecology, without regard to\\nboard certification.\\n 3. The offering of HIV related testing under this section shall be\\nculturally and linguistically appropriate in accordance with rules and\\nregulations promulgated by the commissioner.\\n 4. This section shall not affect the scope of practice of any health\\ncare practitioner or diminish any authority or legal or professional\\nobligation of any health care practitioner to offer an HIV related test\\nor to provide services or care for the subject of an HIV related test.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2782", "title" : "Confidentiality and disclosure", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2016-12-02", "2016-12-09", "2017-03-31", "2020-12-04", "2021-02-19" ], "docLevelId" : "2782", "activeDate" : "2017-03-31", "sequenceNo" : 954, "repealedDate" : null, "fromSection" : "2782", "toSection" : "2782", "text" : " § 2782. Confidentiality and disclosure. 1. No person who obtains\\nconfidential HIV related information in the course of providing any\\nhealth or social service or pursuant to a release of confidential HIV\\nrelated information may disclose or be compelled to disclose such\\ninformation, except to the following:\\n (a) the protected individual or, when the protected individual lacks\\ncapacity to consent, a person authorized pursuant to law to consent to\\nhealth care for the individual;\\n (b) any person to whom disclosure is authorized pursuant to a release\\nof confidential HIV related information;\\n (c) an agent or employee of a health facility or health care provider\\nif (1) the agent or employee is permitted to access medical records, (2)\\nthe health facility or health care provider itself is authorized to\\nobtain the HIV related information, and (3) the agent or employee\\nprovides health care to the protected individual, or maintains or\\nprocesses medical records for billing or reimbursement;\\n (d) a health care provider or health facility when knowledge of the\\nHIV related information is necessary to provide appropriate care or\\ntreatment to the protected individual, a child of the individual, a\\ncontact of the protected individual or a person authorized to consent to\\nhealth care for such a contact;\\n (e) a health facility or health care provider, in relation to the\\nprocurement, processing, distributing or use of a human body or a human\\nbody part, including organs, tissues, eyes, bones, arteries, blood,\\nsemen, or other body fluids, for use in medical education, research,\\ntherapy, or for transplantation to individuals;\\n (f) health facility staff committees or accreditation or oversight\\nreview organizations authorized to access medical records; provided that\\nsuch committees or organizations may only disclose confidential HIV\\nrelated information: (1) back to the facility or provider of a health or\\nsocial service; (2) to carry out the monitoring, evaluation, or service\\nreview for which it was obtained; or (3) to a federal, state or local\\ngovernment agency for the purposes of and subject to the conditions\\nprovided in subdivision six of this section;\\n (g) a federal, state, county or local health officer when such\\ndisclosure is mandated by federal or state law;\\n (h) an authorized agency in connection with foster care or adoption of\\na child. Such agency shall be authorized to redisclose such information\\nonly pursuant to this article or in accordance with the provisions of\\nsubdivision eight of section three hundred seventy-two and section three\\nhundred seventy-three-a of the social services law;\\n (i) third party reimbursers or their agents to the extent necessary to\\nreimburse health care providers for health services; provided that,\\nwhere necessary, an otherwise appropriate authorization for such\\ndisclosure has been secured by the provider;\\n (j) an insurance institution, for other than the purpose set forth in\\nparagraph (i) of this subdivision, provided the insurance institution\\nsecures a dated and written authorization that indicates that health\\ncare providers, health facilities, insurance institutions, and other\\npersons are authorized to disclose information about the protected\\nindividual, the nature of the information to be disclosed, the purposes\\nfor which the information is to be disclosed and which is signed by: (1)\\nthe protected individual; (2) if the protected individual lacks the\\ncapacity to consent, such other person authorized pursuant to law to\\nconsent for such individual; or (3) if the protected individual is\\ndeceased, the beneficiary or claimant for benefits under an insurance\\npolicy, a health services plan, or an employee welfare benefit plan as\\ndefined in 29 U.S.C. 1002(1), covering such protected individual;\\n (k) any person to whom disclosure is ordered by a court of competent\\njurisdiction pursuant to section twenty-seven hundred eighty-five of\\nthis article;\\n (l) an employee or agent of the department of corrections and\\ncommunity supervision, in accordance with paragraph (a) of subdivision\\ntwo of section twenty-seven hundred eighty-six of this article, to the\\nextent the employee or agent is authorized to access records containing\\nsuch information in order to carry out the department's functions,\\npowers and duties with respect to the protected individual, pursuant to\\nsection two hundred fifty-nine-a of the executive law;\\n (m) an employee or agent of the office of probation and correctional\\nalternatives or any local probation department, in accordance with\\nparagraph (a) of subdivision two of section twenty-seven hundred\\neighty-six of this article, to the extent the employee or agent is\\nauthorized to access records containing such information in order to\\ncarry out the office's or department's functions, powers and duties with\\nrespect to the protected individual, pursuant to articles twelve and\\ntwelve-A of the executive law;\\n (n) a medical director of a local correctional facility as defined in\\nsection forty of the correction law, in accordance with paragraph (a) of\\nsubdivision two of section twenty-seven hundred eighty-six of this\\narticle, to the extent the medical director is authorized to access\\nrecords containing such information in order to carry out his or her\\nfunctions, powers and duties with respect to the protected individual;\\nor\\n (o) an employee or agent of the commission of correction, in\\naccordance with paragraph (a) of subdivision two of section twenty-seven\\nhundred eighty-six of this article, to the extent the employee or agent\\nis authorized to access records containing such information in order to\\ncarry out the commission's functions, powers and duties with respect to\\nthe protected individual, pursuant to article three of the correction\\nlaw.\\n (p) an attorney appointed to represent a minor pursuant to the social\\nservices law or the family court act, with respect to confidential HIV\\nrelated information relating to the minor and for the purpose of\\nrepresenting the minor. If the minor has the capacity to consent, the\\nminor's attorney may not redisclose confidential HIV related information\\nwithout the minor's permission. If the minor lacks capacity to consent,\\nthe minor's attorney may redisclose confidential HIV related information\\nfor the sole purpose of representing the minor. This paragraph shall not\\nlimit the ability of the minor's attorney to seek relief under section\\ntwenty-seven hundred eighty-five of this chapter.\\n (q) an executor or an administrator of an estate shall have access to\\nthe confidential HIV information of a deceased person as needed to\\nfulfill his or her responsibilities/duties as an executor or\\nadministrator.\\n (r) qualified researchers for medical research purposes upon the\\napproval of a research protocol by a human research review committee\\nestablished and approved under the provisions of article twenty-four-A\\nof this chapter or by an institutional review board established and\\napproved under the provisions of 45 CFR part 46 or 42 USC 300 V-1, for\\nthe purpose of reviewing and monitoring research involving human\\nsubjects, provided that in no event shall any qualified researcher\\ndisclose information tending to identify the subjects of the research.\\n 2. A state, county or local health officer may disclose confidential\\nHIV related information when:\\n (a) disclosure is specifically authorized or required by federal or\\nstate law; or\\n (b) disclosure is made pursuant to a release of confidential HIV\\nrelated information; or\\n (c) disclosure is requested by a physician pursuant to subdivision\\nfour of this section; or\\n (d) disclosure is authorized by court order pursuant to the provisions\\nof section twenty-seven hundred eighty-five of this article.\\n 3. No person to whom confidential HIV related information has been\\ndisclosed pursuant to this article shall disclose the information to\\nanother person except as authorized by this article, provided, however,\\nthat the provisions of this subdivision shall not apply:\\n (a) to the protected individual; or\\n (b) to a natural person who is authorized pursuant to law to consent\\nto health care for the protected individual; or\\n (c) to a protected individual's foster parent as defined in section\\nthree hundred seventy-one of the social services law and subject to\\nregulations promulgated pursuant to paragraph (a) of subdivision two of\\nsection twenty-seven hundred eighty-six of this article, for the purpose\\nof providing care, treatment or supervision of the protected individual;\\nor\\n (d) a prospective adoptive parent as specified in section three\\nhundred seventy-three-a of the social services law and subject to\\nregulations promulgated pursuant to paragraph (a) of subdivision two of\\nsection twenty-seven hundred eighty-six of this article with whom a\\nchild who is the protected individual has been placed for adoption; or\\n (e) to a relative or other person legally responsible to whom a child\\nwho is the protected individual is to be placed or discharged pursuant\\nto section ten hundred seventeen or ten hundred fifty-five of the family\\ncourt act and subject to regulations promulgated pursuant to paragraph\\n(a) of subdivision two of section twenty-seven hundred eighty-six of\\nthis article, for the purpose of providing care, treatment or\\nsupervision of the protected individual.\\n 4. (a) A physician may disclose confidential HIV related information\\nunder the following conditions:\\n (1) disclosure is made to a contact, to a public health officer for\\nthe purpose of making the disclosure to said contact and pursuant to\\nsection twenty-one hundred thirty of this chapter; or\\n (2) the physician believes disclosure is medically appropriate and\\nthere is a significant risk of infection to the contact; and\\n (3) the physician has counseled the protected individual regarding the\\nneed to notify the contact; and\\n (4) the physician has informed the protected individual of his or her\\nintent to make such disclosure to a contact, the physician's\\nresponsibility to report the infected individual's case pursuant to\\nsection twenty-one hundred thirty of this chapter and has given the\\nprotected individual the opportunity to express a preference as to\\nwhether disclosure should be made by the physician directly or to a\\npublic health officer for the purpose of said disclosure. If the\\nprotected individual expresses a preference for disclosure by a public\\nhealth officer, the physician shall honor such preference.\\n (5) If a physician chooses to make a notification pursuant to this\\nsection, he or she shall report to the municipal health commissioner of\\ndistrict health officer on his or her efforts to notify the contacts of\\nthe protected individual. Such report shall be in a manner and on forms\\nprescribed by the commissioner and shall include the identity of the\\nprotected individual and any contacts as well as information as to\\nwhether the contacts were successfully notified.\\n (6) Within a reasonable time of receiving a report that a physician or\\nhis or her designated agent did not notify or verify notification of\\ncontacts provided by the protected individual, the health commissioner\\nor district health officer of the municipality from which the report\\noriginates shall take reasonable measures to notify such contacts and\\notherwise comply with the provisions of this chapter.\\n (b) When making such disclosures to the contact, the physician or\\npublic health officer shall provide or make referrals for the provision\\nof the appropriate medical advice and counseling for coping with the\\nemotional consequences of learning the information and for changing\\nbehavior to prevent transmission or contraction of HIV infection. The\\nphysician or public health officer shall not disclose the identity of\\nthe protected individual or the identity of any other contact. A\\nphysician or public health officer making a notification pursuant to\\nthis subdivision shall make such disclosure in person, except where\\ncircumstances reasonably prevent doing so.\\n (c) A physician or public health officer shall have no obligation to\\nidentify or locate any contact except as provided pursuant to title\\nthree of article twenty-one of this chapter.\\n (d) A physician may, upon the consent of a parent or guardian,\\ndisclose confidential HIV related information to a state, county, or\\nlocal health officer for the purpose of reviewing the medical history of\\na child to determine the fitness of the child to attend school.\\n (e) A physician may disclose confidential HIV related information\\npertaining to a protected individual to a person (known to the\\nphysician) authorized pursuant to law to consent to health care for a\\nprotected individual when the physician reasonably believes that: (1)\\ndisclosure is medically necessary in order to provide timely care and\\ntreatment for the protected individual; and (2) after appropriate\\ncounseling as to the need for such disclosure, the protected individual\\nwill not inform a person authorized by law to consent to health care;\\nprovided, however, that the physician shall not make such disclosure if,\\nin the judgment of the physician: (A) the disclosure would not be in the\\nbest interest of the protected individual; or (B) the protected\\nindividual is authorized pursuant to law to consent to such care and\\ntreatment. Any decision or action by a physician under this paragraph,\\nand the basis therefor, shall be recorded in the protected individual's\\nmedical record.\\n 5. (a) Whenever disclosure of confidential HIV related information is\\nmade pursuant to this article, except for disclosures made pursuant to\\nparagraphs (a), (d) and (i) of subdivision one of this section or\\nparagraph (a) or (e) of subdivision four of this section, such\\ndisclosure shall be accompanied or followed by a statement in writing\\nwhich includes the following or substantially similar language: \"This\\ninformation has been disclosed to you from confidential records which\\nare protected by state law. State law prohibits you from making any\\nfurther disclosure of this information without the specific written\\nconsent of the person to whom it pertains, or as otherwise permitted by\\nlaw. Any unauthorized further disclosure in violation of state law may\\nresult in a fine or jail sentence or both. A general authorization for\\nthe release of medical or other information is NOT sufficient\\nauthorization for further disclosure.\" An oral disclosure shall be\\naccompanied or followed by such a notice within ten days.\\n (b) Except for disclosures made pursuant to paragraph (c) of\\nsubdivision one of this section, or to persons reviewing information or\\nrecords in the ordinary course of ensuring that a health facility is in\\ncompliance with applicable quality of care standards or any other\\nauthorized program evaluation, program monitoring or service review, or\\nto governmental agents requiring information necessary for payments to\\nbe made on behalf of patients or clients pursuant to contract or in\\naccordance to law, a notation of all such disclosures shall be placed in\\nthe medical record of a protected individual, who shall be informed of\\nsuch disclosures upon request; provided, however, that for disclosures\\nmade to insurance institutions such a notation need only be entered at\\nthe time the disclosure is first made.\\n 6. (a) The provisions of this subdivision shall apply where a provider\\nof a health or social service possesses confidential HIV related\\ninformation relating to individuals who are recipients of the service,\\nand a federal, state or local government agency supervises or monitors\\nthe provider or administers the program under which the service is\\nprovided.\\n (b) Confidential HIV related information relating to a recipient of\\nsuch service may be disclosed in accordance with regulations promulgated\\npursuant to paragraph (a) of subdivision two of section twenty-seven\\nhundred eighty-six of this article to an authorized employee or agent of\\nsuch provider or government agency, when reasonably necessary for such\\nsupervision, monitoring, administration, or provision of such service.\\nThe term \"authorized employee or agent\", as used in this subdivision\\nshall only include any employee or agent who would, in the ordinary\\ncourse of business of the provider or government agency, have access to\\nrecords relating to the care of, treatment of, or provision of a health\\nor social service to the protected individual.\\n 7. Nothing in this section shall limit a person's or agency's\\nresponsibility or authority to report, investigate, or redisclose, child\\nprotective and adult protective services information in accordance with\\ntitle six of article six and titles one and two of article nine-B of the\\nsocial services law, or to provide or monitor the provision of child and\\nadult protective or preventive services.\\n 8. Confidential HIV related information shall be recorded in the\\nmedical record of the protected individual. The provisions of this\\nsection shall not prohibit the listing of acquired immune deficiency\\nsyndrome, HIV related illness or HIV infection in a certificate of\\ndeath, autopsy report or related documents prepared pursuant to article\\nforty-one of this chapter or other applicable laws, ordinances, rules or\\nregulations relating to the documentation of cause of death, nor shall\\nthis section be construed to modify any laws, ordinances, rules or\\nregulations relative to access to death certificates, autopsy reports or\\nsuch other related documents. Under no circumstances shall confidential\\nHIV related information be disclosable pursuant to article six of the\\npublic officers law. Notwithstanding the foregoing, confidential HIV\\ninformation obtained pursuant to section 390.15 of the criminal\\nprocedure law or section 347.1 of the family court act by either court\\norder or consent of the protected individual shall not be recorded in\\nthe medical record of the protected individual unless he or she consents\\nto the recording of such information in a written statement containing\\nthe relevant information specified in subdivision two of section two\\nthousand seven hundred eighty-one of this article.\\n 9. Confidential HIV related information shall be disclosed upon the\\nrequest of the health care worker HIV/HBV advisory panel, established\\npursuant to article twenty-seven-DD of this chapter, to the panel or its\\ndesignee only when reasonably necessary for the evaluation of a worker\\nwho has voluntarily sought the panel's review.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2783", "title" : "Penalties; immunities", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2783", "activeDate" : "2014-09-22", "sequenceNo" : 955, "repealedDate" : null, "fromSection" : "2783", "toSection" : "2783", "text" : " § 2783. Penalties; immunities. 1. Any person who shall:\\n (a) perform, or permit or procure the performance of, an HIV related\\ntest in violation of section twenty-seven hundred eighty-one of this\\narticle; or\\n (b) disclose, or compel another person to disclose, or procure the\\ndisclosure of, confidential HIV related information in violation of\\nsection twenty-seven hundred eighty-two of this article; shall be\\nsubject to a civil penalty not to exceed five thousand dollars for each\\noccurrence. Such penalty may be recovered in the same manner as the\\npenalty provided in section twelve of this chapter.\\n 2. Any person who willfully commits an act enumerated in subdivision\\none of this section shall be guilty of a misdemeanor and subject to the\\npenalties provided in section twelve-b of this chapter.\\n 3. There shall be no criminal sanction or civil liability on the part\\nof, and no cause of action for damages shall arise against any\\nphysician, his or her employer, or a physician's designated agent, or\\nhealth facility or health care provider with which the physician is\\nassociated, or public health officer, on account of:\\n (a) the failure to disclose confidential HIV related information to a\\ncontact or person authorized pursuant to law to consent to health care\\nfor a protected individual; or\\n (b) the disclosure of confidential HIV related information to a\\ncontact or person authorized pursuant to law to consent to health care\\nfor a protected individual, when carried out in compliance with this\\narticle; or\\n (c) the disclosure of confidential HIV related information to any\\nperson, agency, or officer authorized to receive such information, when\\ncarried out in good faith and without malice, and in compliance with the\\nprovisions of this article; or\\n (d) the municipal health commissioner or district health officer's\\nfailure to notify contacts pursuant to this chapter.\\n 4. Any cause of action to recover damages based on a failure to\\nprovide information, explanations, or counseling prior to the execution\\nof a written informed consent, or based on a lack of informed consent in\\nthe ordering or performance of an HIV related test in violation of this\\narticle shall be governed by the provisions of section two thousand\\neight hundred five-d of this chapter.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2784", "title" : "Applicability to insurance institutions and insurance support organizations", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2784", "activeDate" : "2014-09-22", "sequenceNo" : 956, "repealedDate" : null, "fromSection" : "2784", "toSection" : "2784", "text" : " § 2784. Applicability to insurance institutions and insurance support\\norganizations. Except for disclosure to third party reimbursers and\\ninsurance institutions pursuant to paragraphs (i) and (j) of subdivision\\none of section twenty-seven hundred eighty-two of this article and\\nexcept for disclosures pursuant to section twenty-seven hundred\\neighty-five of this article, the provisions of this article shall not\\napply to insurance institutions and insurance support organizations,\\nexcept that health care providers associated with or under contract to a\\nhealth maintenance organization or other medical services plan shall be\\nsubject to the provisions of this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2785", "title" : "Court authorization for disclosure of confidential HIV related information", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2785", "activeDate" : "2014-09-22", "sequenceNo" : 957, "repealedDate" : null, "fromSection" : "2785", "toSection" : "2785", "text" : " § 2785. Court authorization for disclosure of confidential HIV related\\ninformation. 1. Notwithstanding any other provision of law, no court\\nshall issue an order for the disclosure of confidential HIV related\\ninformation, except a court of record of competent jurisdiction in\\naccordance with the provisions of this section.\\n 2. A court may grant an order for disclosure of confidential HIV\\nrelated information upon an application showing: (a) a compelling need\\nfor disclosure of the information for the adjudication of a criminal or\\ncivil proceeding; (b) a clear and imminent danger to an individual whose\\nlife or health may unknowingly be at significant risk as a result of\\ncontact with the individual to whom the information pertains; (c) upon\\napplication of a state, county or local health officer, a clear and\\nimminent danger to the public health; or (d) that the applicant is\\nlawfully entitled to the disclosure and the disclosure is consistent\\nwith the provisions of this article.\\n 3. Upon receiving an application for an order authorizing disclosure\\npursuant to this section, the court shall enter an order directing that\\nall pleadings, papers, affidavits, judgments, orders of the court,\\nbriefs and memoranda of law which are part of the application or the\\ndecision thereon, be sealed and not made available to any person, except\\nto the extent necessary to conduct any proceedings in connection with\\nthe determination of whether to grant or deny the application, including\\nany appeal. Such an order shall further direct that all subsequent\\nproceedings in connection with the application shall be conducted in\\ncamera, and, where appropriate to prevent the unauthorized disclosure of\\nconfidential HIV related information, that any pleadings, papers,\\naffidavits, judgments, orders of the court, briefs and memoranda of law\\nwhich are part of the application or the decision thereon not state the\\nname of the individual concerning whom confidential HIV related\\ninformation is sought.\\n 4. (a) The individual concerning whom confidential HIV related\\ninformation is sought and any person holding records concerning\\nconfidential HIV related information from whom disclosure is sought\\nshall be given adequate notice of such application in a manner which\\nwill not disclose to any other person the identity of the individual,\\nand shall be afforded an opportunity to file a written response to the\\napplication, or to appear in person for the limited purpose of providing\\nevidence on the statutory criteria for the issuance of an order pursuant\\nto this section.\\n (b) The court may grant an order without such notice and opportunity\\nto be heard, where an ex parte application by a public health officer\\nshows that a clear and imminent danger to an individual whose life or\\nhealth may unknowingly be at risk requires an immediate order.\\n (c) Service of a subpoena shall not be subject to this subdivision.\\n 5. In assessing compelling need and clear and imminent danger, the\\ncourt shall provide written findings of fact, including scientific or\\nmedical findings, citing specific evidence in the record which supports\\neach finding, and shall weigh the need for disclosure against the\\nprivacy interest of the protected individual and the public interest\\nwhich may be disserved by disclosure which deters future testing or\\ntreatment or which may lead to discrimination.\\n 6. An order authorizing disclosure of confidential HIV related\\ninformation shall:\\n (a) limit disclosure to that information which is necessary to fulfill\\nthe purpose for which the order is granted; and\\n (b) limit disclosure to those persons whose need for the information\\nis the basis for the order, and specifically prohibit redisclosure by\\nsuch persons to any other persons, whether or not they are parties to\\nthe action; and\\n (c) to the extent possible consistent with this section, conform to\\nthe provisions of this article; and\\n (d) include such other measures as the court deems necessary to limit\\nany disclosures not authorized by its order.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2785-A", "title" : "Court order for HIV related testing in certain cases", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2785-A", "activeDate" : "2014-09-22", "sequenceNo" : 958, "repealedDate" : null, "fromSection" : "2785-A", "toSection" : "2785-A", "text" : " § 2785-a. Court order for HIV related testing in certain cases. 1.\\nNotwithstanding any contrary provision of law or regulation, a state,\\ncounty or local public health officer to whom an order or a consent for\\nan HIV test is addressed or sent, in accordance with section 390.15 of\\nthe criminal procedure law or section 347.1 of the family court act,\\nmust cause HIV related testing to be administered to the subject named\\ntherein and, if the test is pursuant to court order, must immediately\\nprovide to the court that issued the order a written report specifying\\nthe date on which such test was completed. Such report to the court\\nshall not, however, disclose the results of such test. Such officer must\\ndisclose the results of the testing to the victim indicated in the order\\nor consent and must also disclose the results to the person tested,\\nunless the person tested has been asked to but declines to authorize\\nsuch disclosure to himself or herself.\\n 2. At the time of communicating the test results to the subject or the\\nvictim, such public health officer shall directly provide the victim and\\nperson tested with (a) counseling or referrals for counseling for the\\npurposes specified in subdivision five of section two thousand seven\\nhundred eighty-one of this article; (b) counseling with regard to HIV\\ndisease and HIV testing in accordance with law and consistent with\\nsubdivision five of section two thousand seven hundred eighty-one of\\nthis article; and (c) appropriate health care and support services, or\\nreferrals to such available services. If at the time of communicating\\nthe test results, the person tested is in the custody of the department\\nof corrections and community supervision, office of children and family\\nservices, office of mental health or a local correctional institution,\\nthe counseling and services required by this subdivision may be provided\\nby a public health officer associated with the county or facility within\\nwhich the person tested is confined.\\n 3. Unless inconsistent with this section, the provisions of this\\narticle regarding the confidentiality and disclosure of HIV related\\ninformation shall apply to proceedings conducted pursuant to section\\n390.15 of the criminal procedure law or section 347.1 of the family\\ncourt act.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2786", "title" : "Rules and regulations; forms; report", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2020-12-04" ], "docLevelId" : "2786", "activeDate" : "2014-09-22", "sequenceNo" : 959, "repealedDate" : null, "fromSection" : "2786", "toSection" : "2786", "text" : " § 2786. Rules and regulations; forms; report. 1. The commissioner\\nshall promulgate rules and regulations concerning implementation of this\\narticle for health facilities, health care providers and other persons\\nto whom this article is applicable. The commissioner shall also develop\\nstandardized model forms to be used for informed consent for HIV related\\ntesting and for the release of confidential HIV related information and\\nmaterials for pre-test counseling as required by subdivision three of\\nsection twenty-seven hundred eighty-one of this article, and for\\npost-test counseling as required by subdivision five of section\\ntwenty-seven hundred eighty-one of this article. Persons, health\\nfacilities and health care providers may use forms for informed consent\\nfor HIV related testing, and for the release of confidential HIV related\\ninformation other than those forms developed pursuant to this section,\\nprovided they contain information consistent with the standardized model\\nforms developed by the commissioner. All forms developed or used\\npursuant to this section shall be written in a clear and coherent manner\\nusing words with common, everyday meanings. The commissioner, in\\nconsultation with the AIDS institute advisory council, shall promulgate\\nregulations to identify those circumstances which create a significant\\nrisk of contracting or transmitting HIV infection; provided, however,\\nthat such regulations shall not be determinative of any significant risk\\ndetermined pursuant to paragraph (a) of subdivision four of section\\ntwenty-seven hundred eighty-two or section twenty-seven hundred\\neighty-five of this article.\\n 2. (a) Each state agency authorized pursuant to this article to obtain\\nconfidential HIV related information shall, in consultation with the\\ndepartment of health, promulgate regulations: (1) to provide safequards\\nto prevent discrimination, abuse or other adverse actions directed\\ntoward protected individuals; (2) to prohibit the disclosure of such\\ninformation except in accordance with this article; (3) to seek to\\nprotect individuals in contact with the protected individual when such\\ncontact creates a significant risk of contracting or transmitting HIV\\ninfection through the exchange of body fluids, and (4) to establish\\ncriteria for determining when it is reasonably necessary for a provider\\nof a health or social service or the state agency or a local government\\nagency to have or to use confidential HIV related information for\\nsupervision, monitoring, investigation, or administration and for\\ndetermining which employees and agents may, in the ordinary course of\\nbusiness of the agency or provider, be authorized to access confidential\\nHIV related information pursuant to the provisions of paragraphs (l) and\\n(m) of subdivision one and subdivision six of section twenty-seven\\nhundred eighty-two of this article; and provided further that such\\nregulations shall be promulgated by the chairperson of the commission of\\ncorrection where disclosure is made pursuant to paragraphs (n) and (o)\\nof subdivision one of section twenty-seven hundred eighty-two of this\\narticle.\\n (b) The department of health, in consultation with agencies referred\\nto in paragraph (a) of this subdivision, shall submit a report to the\\nlegislature by December first, nineteen hundred eighty-nine, outlining\\nthe status and content of such regulations, their effect on the\\nregulated facilities and the protected individuals served by them, the\\nextent to which they conform with current medical and scientific\\nknowledge on the transmissibility of HIV infection, and any\\nrecommendations for changes in said regulations.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2787", "title" : "Separability", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2787", "activeDate" : "2014-09-22", "sequenceNo" : 960, "repealedDate" : null, "fromSection" : "2787", "toSection" : "2787", "text" : " § 2787. Separability. If any section, clause or provision of this\\narticle shall be deemed by any court of competent jurisdiction to be\\nunconstitutional or ineffective in whole or in part, to the extent that\\nit is not unconstitutional or ineffective, it shall be valid and\\neffective and no other section, clause or provision shall on account\\nthereof be deemed invalid or ineffective.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 10 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A27-G", "title" : "Cystic Fibrosis Health Care Program", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22", "2023-12-29", "2024-02-09", "2024-02-16", "2024-04-26", "2025-05-16" ], "docLevelId" : "27-G", "activeDate" : "2014-09-22", "sequenceNo" : 961, "repealedDate" : null, "fromSection" : "2795", "toSection" : "2795", "text" : " ARTICLE 27-G\\n CYSTIC FIBROSIS HEALTH CARE PROGRAM\\nSection 2795. Cystic fibrosis; health care for adults over twenty-one\\n years old.\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2795", "title" : "Cystic fibrosis; health care for adults over twenty-one years old", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2023-12-29", "2024-02-09", "2024-04-26", "2025-05-16" ], "docLevelId" : "2795", "activeDate" : "2014-09-22", "sequenceNo" : 962, "repealedDate" : null, "fromSection" : "2795", "toSection" : "2795", "text" : " § 2795. Cystic fibrosis; health care for adults over twenty-one years\\nold. 1. The commissioner shall establish a program to reimburse the\\ncost of providing health care or health insurance to eligible\\nindividuals who have cystic fibrosis.\\n 2. To be a fully eligible individual for whom health care will be\\nprovided under this section, such individual:\\n (a) shall be at least twenty-one years old;\\n (b) shall have been diagnosed as having cystic fibrosis;\\n (c) shall have resided in the state for a minimum of twelve continuous\\nmonths immediately prior to application for services under this section;\\n (d) shall not be eligible for medical benefits under any group or\\nindividual health insurance policy; and\\n (e) shall not be eligible for medical assistance pursuant to title\\neleven of article five of the social services law solely due to earned\\nincome.\\n 3. To be a partially eligible individual for whom health care will be\\nprovided under this section, such individual shall meet all the criteria\\nof a fully eligible individual except that a partially eligible\\nindividual shall be an individual who is eligible for medical benefits\\nunder any group or individual health insurance policy but which does not\\ncover all services necessary for the care and treatment of cystic\\nfibrosis.\\n 4. The commissioner shall require each fully eligible individual, upon\\ndetermination of eligibility, to make application to a private health\\ninsurance provider as prescribed by the commissioner for an individual\\nhealth insurance policy. If and when such policy is granted, the\\ncommissioner shall approve payment for the associated premium.\\n 5. The commissioner shall authorize payment for service related to the\\ncare and treatment of cystic fibrosis not otherwise covered by a health\\ninsurance policy. Providers of such services shall be reimbursed at the\\nsame rate and claims for payment shall be made as if such individual\\nwere eligible for benefits pursuant to title eleven of article five of\\nthe social services law.\\n 6. All eligible individuals shall be required to contribute seven\\npercent of their net annual income toward the cost of care and/or the\\ncost of the annual health insurance premium.\\n 7. The commissioner shall, in consultation with the commissioner of\\nsocial services, promulgate rules and regulations necessary to implement\\nthe provisions of this act.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 1 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A27-H*", "title" : "Diabetes Research and Education Program", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "27-H*", "activeDate" : "2014-09-22", "sequenceNo" : 963, "repealedDate" : null, "fromSection" : "2796", "toSection" : "2796", "text" : " * ARTICLE 27-H\\n DIABETES RESEARCH AND EDUCATION PROGRAM\\nSection 2796*2. Special programs with respect to diabetes.\\n * NB There are two Article 27-H's\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2796", "title" : "Special programs with respect to diabetes", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2796", "activeDate" : "2014-09-22", "sequenceNo" : 964, "repealedDate" : null, "fromSection" : "2796", "toSection" : "2796", "text" : " § 2796. Special programs with respect to diabetes. The commissioner\\nshall establish within the department a program to promote research and\\npatient education regarding diabetes. To carry out the purposes of this\\nsection, the commissioner shall have the following powers and duties:\\n 1. to promote scientific investigations with respect to the causes,\\nprevention and treatment of diabetes;\\n 2. to promote patient education programs designed to reduce or prevent\\nthe incidence and severity of diabetes;\\n 3. to accept and expend any grants, awards or other funds or\\nappropriations as may be available for these purposes subject to\\nlimitations as to the approval of expenditures and audit as prescribed\\nfor state funds by the state finance law; and\\n 4. to enter into contracts within the amounts available therefor as\\nmay be necessary to implement the provisions of this section.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 1 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A27-H", "title" : "The Tick-borne Disease Institute", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "27-H", "activeDate" : "2014-09-22", "sequenceNo" : 965, "repealedDate" : null, "fromSection" : "2797", "toSection" : "2798", "text" : " * ARTICLE 27-H\\n THE TICK-BORNE DISEASE INSTITUTE\\nSection 2797. Tick-borne disease institute.\\n 2798. Powers and duties.\\n * NB There are 2 Article 27-H's\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2797", "title" : "Tick-borne disease institute", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2797", "activeDate" : "2014-09-22", "sequenceNo" : 966, "repealedDate" : null, "fromSection" : "2797", "toSection" : "2797", "text" : " § 2797. Tick-borne disease institute. 1. There is hereby established\\nwithin the department the tick-borne disease institute. The institute\\nshall have responsibility for administering the provisions of this\\narticle and otherwise coordinating the state's policies with respect to\\nlyme disease and other tick-borne diseases.\\n 2. The commissioner shall appoint a director to the institute and may\\nassign such personnel within the amounts appropriated as is necessary to\\ncarry out the provisions of this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2798", "title" : "Powers and duties", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2798", "activeDate" : "2014-09-22", "sequenceNo" : 967, "repealedDate" : null, "fromSection" : "2798", "toSection" : "2798", "text" : " § 2798. Powers and duties. The tick-borne disease institute\\nestablished by section twenty-seven hundred ninety-seven of this article\\nshall have the following powers and duties:\\n 1. to develop and promote investigations into the cause, prevention,\\ndetection, spread, methods of treatment, and cure of tick-borne\\ndiseases; and\\n 2. to develop and promote an outreach campaign directed toward\\ntargeted high-risk populations to provide coordinated information\\nregarding the cause, prevention, detection, and treatment of tick-borne\\ndisease.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 2 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A27-J", "title" : "Comprehensive Care Centers For Eating Disorders", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "27-J", "activeDate" : "2014-09-22", "sequenceNo" : 968, "repealedDate" : null, "fromSection" : "2799-D", "toSection" : "2799-I", "text" : " ARTICLE 27-J\\n COMPREHENSIVE CARE CENTERS FOR EATING DISORDERS\\nSection 2799-d. Legislative findings.\\n 2799-e. Definitions.\\n 2799-f. Comprehensive care centers for eating disorders;\\n established.\\n 2799-g. Qualifying criteria.\\n 2799-h. State identification of comprehensive care centers for\\n eating disorders; commissioner's written notice.\\n 2799-i. Restricted use of title.\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2799-D", "title" : "Legislative findings", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2799-D", "activeDate" : "2014-09-22", "sequenceNo" : 969, "repealedDate" : null, "fromSection" : "2799-D", "toSection" : "2799-D", "text" : " § 2799-d. Legislative findings. The legislature hereby finds that\\neffective diagnosis and treatment for citizens struggling with eating\\ndisorders, a complex and potentially life-threatening condition,\\nrequires a continuum of interdisciplinary providers and levels of care.\\nSuch effective diagnosis and treatment further requires the coordination\\nand comprehensive management of an individualized plan of care\\nspecifically oriented to the distinct needs of each individual.\\n The legislature further finds that, while there are numerous health\\ncare providers in the state with expertise in eating disorder treatment,\\nthere is no generally accessible, comprehensive system for responding to\\nthese disorders. Due to the lack of such a system the legislature finds\\nthat treatment, information/referral, prevention and research activities\\nare fragmented and incomplete. In addition, due to the broad,\\nmultifaceted needs of individuals with eating disorders, insurance\\npayments for the necessary plan of care and providers is usually\\nfragmented as well, leaving citizens with insufficient coverage for\\nessential services and, therefore, at risk of incomplete treatment,\\nrelapse, deterioration and potential death.\\n The legislature therefore declares that the state take positive action\\nto facilitate the development and public identification of provider\\nnetworks and care centers of excellence to provide a coordinated,\\ncomprehensive system for the treatment of such disorders, as well as to\\nconduct community education, prevention, information/referral and\\nresearch activities. The legislature further declares that health\\ncoverage by insurers and health maintenance organizations should include\\ncovered services provided through such centers and that, to the extent\\npossible and practicable, health plan reimbursement should be structured\\nin a manner to facilitate the individualized, comprehensive and\\nintegrated plans of care which such centers are required to provide.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2799-E", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2799-E", "activeDate" : "2014-09-22", "sequenceNo" : 970, "repealedDate" : null, "fromSection" : "2799-E", "toSection" : "2799-E", "text" : " § 2799-e. Definitions. For purposes of this article:\\n 1. \"Eating disorder\" is defined to include, but not be limited to,\\nconditions such as anorexia nervosa, bulimia and binge eating disorder,\\nidentified as such in the ICD-9-CM International Classification of\\nDisease or the most current edition of the Diagnostic and Statistical\\nManual of Mental Disorders, or other medical and mental health\\ndiagnostic references generally accepted for standard use by the medical\\nand mental health fields.\\n 2. \"Comprehensive care centers for eating disorders\" or \"comprehensive\\ncare centers\" means a provider-sponsored system of care, organized by\\neither corporate affiliation or clinical association for the common\\npurpose of providing a coordinated, individualized plan of care for an\\nindividual with an eating disorder, across a continuum that includes all\\nnecessary non-institutional, institutional and practitioner services and\\ntreatments, from initial patient screening and evaluation, to treatment,\\nfollow-up care and support.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2799-F", "title" : "Comprehensive care centers for eating disorders; established", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2799-F", "activeDate" : "2014-09-22", "sequenceNo" : 971, "repealedDate" : null, "fromSection" : "2799-F", "toSection" : "2799-F", "text" : " § 2799-f. Comprehensive care centers for eating disorders;\\nestablished. The commissioner shall provide for the public\\nidentification of comprehensive care centers for persons with eating\\ndisorders for the purposes of:\\n 1. Promoting the operation of a continuum of comprehensive,\\ncoordinated care for persons with eating disorders;\\n 2. Promoting ready access to information, referral and treatment\\nservices on eating disorders for consumers, health practitioners,\\nproviders and insurers, with access in every region of the state;\\n 3. Promoting community education, prevention and patient entry into\\ncare; and\\n 4. Promoting and coordinating regional and statewide research efforts\\ninto effective methods of education, prevention and treatment, including\\nresearch on the various models of care.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2799-G", "title" : "Qualifying criteria", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2799-G", "activeDate" : "2014-09-22", "sequenceNo" : 972, "repealedDate" : null, "fromSection" : "2799-G", "toSection" : "2799-G", "text" : " § 2799-g. Qualifying criteria. 1. In order to qualify for state\\nidentification as a comprehensive care center for eating disorders\\npursuant to this article, applicants must demonstrate to the\\ncommissioner's satisfaction that, at a minimum:\\n (a) The applicant can provide a continuum of care tailored to the\\nspecialized needs of individuals with eating disorders, with such\\ncontinuum including at least the following levels of care:\\n (i) Individual health, psychosocial and case management services, in\\nboth noninstitutional and institutional settings, from licensed and\\ncertified practitioners with demonstrated experience and expertise in\\nproviding services to individuals with eating disorders;\\n (ii) Medical/surgical, psychiatric and rehabilitation care in a\\ngeneral hospital or a hospital licensed under the mental hygiene law;\\nprovided that, whenever practicable and appropriate, the service setting\\nfor any such care shall be oriented to the specific needs, treatment and\\nrecovery of persons with eating disorders;\\n (iii) Residential care and services in a residential health care\\nfacility licensed under article twenty-eight of this chapter, or a\\nfacility licensed under article thirty-one of the mental hygiene law\\nwhich will provide a program of care and service setting that is\\nspecifically oriented to the needs of individuals with eating disorders;\\n (b) The care of individuals will be managed and coordinated at each\\nlevel and throughout the continuum of care;\\n (c) The applicant is able to conduct activities for community\\neducation, prevention, information/referral and research; and\\n (d) The applicant meets such additional criteria as are established by\\nthe commissioner.\\n 2. Eligible applicants shall include but are not limited to providers\\nlicensed under article twenty-eight of this chapter or article\\nthirty-one of the mental hygiene law or health or mental health\\npractitioners licensed under title eight of the education law.\\n 3. The commissioner shall seek the recommendation of the commissioner\\nof mental health prior to identifying an applicant as a comprehensive\\ncare center under this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2799-H", "title" : "State identification of comprehensive care centers for eating disorders; commissioner's written notice", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2017-08-25" ], "docLevelId" : "2799-H", "activeDate" : "2017-08-25", "sequenceNo" : 973, "repealedDate" : null, "fromSection" : "2799-H", "toSection" : "2799-H", "text" : " § 2799-h. State identification of comprehensive care centers for\\neating disorders; commissioner's written notice. 1. The commissioner\\nshall identify a sufficient number of comprehensive centers to ensure\\nadequate access to services in all regions of the state, provided that,\\nto the extent possible, the commissioner shall identify such care\\ncenters geographically dispersed throughout the state, and provided\\nfurther, however, that the commissioner shall, to the extent possible,\\ninitially identify at least three such centers.\\n 2. The commissioner's identification of a comprehensive care center\\nfor eating disorders under this article shall be valid for not more than\\na two year period from the date of issuance. The commissioner may\\nreissue such identifications for subsequent periods of up to five years,\\nprovided that the comprehensive care center has notified the\\ncommissioner of any material changes in structure or operation based on\\nits original application, or since its last written notice by the\\ncommissioner, and that the commissioner is satisfied that the center\\ncontinues to meet the criteria required pursuant to this article.\\n 3. The commissioner may suspend or revoke his or her written notice\\nupon a determination that the comprehensive care center has not met, or\\nwould not be able to meet, the criteria required pursuant to this\\narticle, provided, however that the commissioner shall afford such\\ncenter an opportunity for a hearing, in accordance with section twelve-a\\nof this chapter, to review the circumstances of and grounds for such\\nsuspension or revocation and to appeal such determination.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2799-I", "title" : "Restricted use of title", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2799-I", "activeDate" : "2014-09-22", "sequenceNo" : 974, "repealedDate" : null, "fromSection" : "2799-I", "toSection" : "2799-I", "text" : " § 2799-i. Restricted use of title. No person or entity shall claim,\\nadvertise or imply to consumers, health plans or other health care\\nproviders that such provider or practitioner is a state-identified\\ncomprehensive care center for eating disorders unless it is qualified\\npursuant to section twenty-seven hundred ninety-nine-h of this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 6 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A27-K", "title" : "New York Wellness Works", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "27-K", "activeDate" : "2014-09-22", "sequenceNo" : 975, "repealedDate" : null, "fromSection" : "2799-O", "toSection" : "2799-R", "text" : " ARTICLE 27-K\\n NEW YORK WELLNESS WORKS\\nSection 2799-o. New York wellness works; program established.\\n 2799-q. Participation in New York wellness works.\\n 2799-r. Program evaluations and recommendations; reports and\\n statewide conference on best practices.\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2799-O", "title" : "New York wellness works; program established", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2799-O", "activeDate" : "2014-09-22", "sequenceNo" : 976, "repealedDate" : null, "fromSection" : "2799-O", "toSection" : "2799-O", "text" : " § 2799-o. New York wellness works; program established. 1. The New\\nYork wellness works program is hereby established as a partnership\\nbetween the state and employers to encourage health screening, education\\nand incentives tailored to employees' specific needs to help promote\\nhealth and prevent disease.\\n 2. Upon the commissioner's approval, and within the amount\\nappropriated, the department shall make available grants for the purpose\\nof enabling employers to develop and implement health promotion and\\ndisease prevention initiatives. Such initiatives may include, but shall\\nnot be limited to:\\n (a) the compilation of individual or aggregate employee health\\nprofiles, on an individual voluntary basis, with recommendations and\\nincentives for health promotion activities based on individual or\\naggregate health information; or\\n (b) specific screening, education and health incentives; or\\n (c) such other employer-based health promotion and disease prevention\\nmeasures, including changes to the work environment and policy changes\\nin the worksite, as the commissioner may approve in accordance with this\\narticle.\\n 3. The department may contract with an organization or organizations\\nfor the administration of the program, in accordance with the criteria\\nfor participation in said program as set forth in section two thousand\\nseven hundred ninety-nine-q of this article.\\n 4. In addition to any amounts as may be appropriated for grants, the\\ncommissioner is authorized to seek and receive funds from philanthropic\\nfoundations and other sources to further support such purposes.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2799-Q", "title" : "Participation in New York wellness works", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2799-Q", "activeDate" : "2014-09-22", "sequenceNo" : 977, "repealedDate" : null, "fromSection" : "2799-Q", "toSection" : "2799-Q", "text" : " § 2799-q. Participation in New York wellness works. The commissioner,\\nin consultation with the advisory panel, shall establish criteria for\\nimplementation and operation of the New York wellness works program,\\nwhich at a minimum shall include:\\n (a) applicant eligibility and selection criteria;\\n (b) program operating requirements and standards;\\n (c) employee safeguards.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2799-R", "title" : "Program evaluations and recommendations; reports and statewide conference on best practices", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2799-R", "activeDate" : "2014-09-22", "sequenceNo" : 978, "repealedDate" : null, "fromSection" : "2799-R", "toSection" : "2799-R", "text" : " § 2799-r. Program evaluations and recommendations; reports and\\nstatewide conference on best practices. 1. Employers participating in\\nthe New York wellness works program pursuant to this article shall\\nreport to the commissioner on the findings, experience and benefits\\npursuant to such program.\\n 2. The commissioner shall evaluate and report his or her findings\\nconcerning the New York wellness works program, including but not\\nlimited to the health and cost benefits, and shall make recommendations\\nfor modifying, expanding or otherwise improving the program as well as\\nrecommendations for other health system improvements based on such\\nprogram. Such report shall incorporate the information submitted\\npursuant to subdivision one of this section and shall be submitted to\\nthe governor, temporary president of the senate, speaker of the assembly\\nand the school of public health and health professions at the university\\nat Buffalo on or before February first, two thousand nine.\\n On or before May first, two thousand nine, and at least biennially\\nthereafter, the commissioner in consultation with the advisory panel\\nshall convene a statewide conference to further promote the sharing of\\nbest practices among employers and others in pursuit of the goals of the\\nNew York wellness works program.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 3 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A28", "title" : "Hospitals", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22", "2015-04-17", "2015-05-01", "2016-04-22", "2016-07-01", "2016-11-11", "2017-04-21", "2018-04-20", "2018-04-27", "2018-05-04", "2018-10-05", "2018-12-14", "2019-12-13", "2019-12-20", "2020-01-03", "2020-04-17", "2020-04-24", "2021-03-26", "2021-04-02", "2021-04-23", "2021-04-30", "2021-05-14", "2021-06-18", "2021-06-25", "2021-10-15", "2021-11-19", "2021-12-17", "2021-12-24", "2021-12-31", "2022-01-07", "2022-03-04", "2022-04-22", "2022-12-23", "2022-12-30", "2023-05-12", "2023-06-23", "2023-10-27", "2023-12-01", "2024-05-03", "2024-12-20", "2024-12-27", "2025-05-16", "2025-12-12", "2025-12-19" ], "docLevelId" : "28", "activeDate" : "2018-12-14", "sequenceNo" : 979, "repealedDate" : null, "fromSection" : "2800", "toSection" : "2826", "text" : " ARTICLE 28\\n HOSPITALS\\nSection 2800. Declaration of policy and statement of purpose.\\n 2801. Definitions.\\n 2801-a. Establishment or incorporation of hospitals.\\n 2801-b. Improper practices in hospital staff appointments and\\n extension of professional privileges prohibited.\\n 2801-c. Injunctions.\\n 2801-d. Private actions by patients of residential health care\\n facilities.\\n 2801-e. Voluntary residential health care facility rightsizing\\n demonstration program.\\n 2801-f. Residential health care facility quality incentive\\n payment program.\\n 2801-g. Community forum on hospital closure.\\n 2802. Approval of construction.\\n 2802-a. Transitional care unit demonstration program.\\n 2803. Commissioner and council; powers and duties.\\n 2803-a. Authority to contract.\\n 2803-b. Uniform reports and accounting systems for hospital\\n costs.\\n 2803-c. Rights of patients in certain medical facilities.\\n 2803-d. Reporting abuses of persons receiving care or services\\n in residential health care facilities.\\n 2803-e. Residential health care facilities; return and\\n redistribution of unused medication.\\n 2803-e*2. Reporting incidents of possible professional\\n misconduct.\\n 2803-f. Respite projects.\\n 2803-g. Board of visitors in county owned residential health\\n care facility.\\n 2803-h. Health related facility; pet therapy programs.\\n 2803-i. General hospital inpatient discharge review program.\\n 2803-j. Information for maternity patients.\\n 2803-j*2. Nursing home nurse aide registry.\\n 2803-k. In-patient nasogastric feeding procedures.\\n 2803-l. Community service plans.\\n 2803-m. Discharge of hospital patients to adult homes.\\n 2803-n. Hospital care for maternity patients.\\n 2803-o. Hospital care for mastectomy, lumpectomy, and lymph\\n node dissection patients.\\n 2803-p. Disclosure of information concerning family violence.\\n 2803-q. Family councils in residential health care facilities.\\n 2803-r. Dissemination of information about the abandoned\\n infant protection act.\\n 2803-s. Access to product recall information.\\n 2803-t. Preadmission information.\\n 2803-u. Hospital substance use disorder policies and\\n procedures.\\n 2803-v. Lymphedema information distribution.\\n 2803-v*2. Standing orders for newborn care in a hospital.\\n 2804. Units for hospital and health-related affairs.\\n 2804-a. State task force on clinical practice guidelines and\\n medical technology assessment.\\n 2805. Approval of hospitals; operating certificates.\\n 2805-a. Disclosure of financial transactions.\\n 2805-b. Admission of patients and emergency treatment of\\n nonadmitted patients.\\n 2805-c. (Enacted without section heading).\\n 2805-d. Limitation of medical, dental or podiatric malpractice\\n action based on lack of informed consent.\\n 2805-e. Reports of residential health care facilities.\\n 2805-f. Money deposited or advanced for admittance to nursing\\n homes; waiver void; administration expenses.\\n 2805-g. Maintenance of records.\\n 2805-h. Immunizations.\\n 2805-i. Treatment of sexual offense victims and maintenance of\\n evidence in a sexual offense.\\n 2805-j. Medical, dental and podiatric malpractice prevention\\n program.\\n 2805-k. Investigations prior to granting or renewing\\n privileges.\\n 2805-l. Adverse event reporting.\\n 2805-m. Confidentiality.\\n 2805-n. Child abuse prevention.\\n 2805-o. Identification of veterans and their spouses by\\n nursing homes and residential health care\\n facilities.\\n 2805-p. Emergency treatment of rape survivors.\\n 2805-q. Hospital visitation by domestic partner.\\n 2805-r. Patients unable to verbally communicate.\\n 2805-s. Circulating nurse required.\\n 2805-t. Disclosure of nursing quality indicators.\\n 2805-u. Credentialing and privileging of health care\\n practitioners providing telemedicine services.\\n 2805-v. Observation services.\\n 2805-w. Patient notice of observation services.\\n 2805-x. Hospital-home care-physician collaboration program.\\n 2805-y. Identification and assessment of human trafficking\\n victims.\\n 2806. Hospital operating certificates; suspension or\\n revocation.\\n 2806-a. Temporary operator.\\n 2806-b. Residential health care facilities; revocation of\\n operating certificate.\\n 2807. Hospital reimbursement provisions; generally.\\n 2807-a. General hospital nineteen hundred eighty-six and\\n nineteen hundred eighty-seven inpatient rates and\\n charges.\\n 2807-b. Outstanding payments and reports due under\\n subdivision eighteen of section twenty-eight hundred\\n seven-c, sections twenty-eight hundred seven-d,\\n twenty-eight hundred seven-j, twenty-eight hundred\\n seven-s and twenty-eight hundred seven-t of this\\n article.\\n 2807-bbb. Health occupation development and workplace\\n demonstration programs.\\n 2807-c. General hospital inpatient reimbursement for annual\\n rate periods beginning on or after January first,\\n nineteen hundred eighty-eight.\\n 2807-d. Hospital assessments.\\n 2807-dd. Temporary nursing home stability contributions.\\n 2807-d-1. Hospital quality contributions.\\n 2807-e. Uniform bills.\\n 2807-f. Health maintenance organization payment factor.\\n 2807-g. Health workforce retraining program.\\n 2807-i. Service and quality improvement grants.\\n 2807-j. Patient services payments.\\n 2807-k. General hospital indigent care pool.\\n 2807-l. Health care initiatives pool distributions.\\n 2807-m. Distribution of the professional education pools.\\n 2807-n. Palliative care education and training.\\n 2807-p. Comprehensive diagnostic and treatment centers\\n indigent care program.\\n 2807-r. Funding for expansion of cancer services.\\n 2807-s. Professional education pool funding.\\n 2807-t. Assessments on covered lives.\\n 2807-u. Transfers for tax credits.\\n 2807-v. Tobacco control and insurance initiatives pool\\n distributions.\\n 2807-w. High need indigent care adjustment pool.\\n 2807-x. Grants for long term care demonstration projects.\\n 2807-y. Pool administration.\\n 2807-z. Review of eligible federally qualified health center\\n capital projects.\\n 2808. Residential health care facilities; rates of payment.\\n 2808-a. Liability of certain persons.\\n 2808-b. Certification of financial statements and financial\\n information.\\n 2808-c. Reimbursement of general hospital inpatient services.\\n 2808-d. Nursing home quality improvement demonstration\\n program.\\n 2809. Residential health care facilities; powers to require\\n security.\\n 2810. Residential health care facilities; receivership.\\n 2811. Discounts and splitting fees with medical referral\\n services; prohibited.\\n 2812. Construction.\\n 2813. Separability.\\n 2814. Health networks, global budgeting, and health care\\n demonstrations.\\n 2815. Health facility restructuring program.\\n 2815-a. Community health care revolving capital fund.\\n 2816. Statewide planning and research cooperative system.\\n 2816-a. Cardiac services information.\\n 2817. Community health centers capital program.\\n 2818. Health care efficiency and affordability law of New\\n Yorkers (HEAL NY) capital grant program.\\n 2819. Hospital acquired infection reporting.\\n 2820. Home based primary care for the elderly demonstration\\n project.\\n 2821. State electronic health records (EHR) loan program.\\n 2822. Residential care off-site facility demonstration\\n project.\\n 2823. Supportive housing development program.\\n 2824. Central service technicians.\\n 2824*2. Surgical technology and surgical technologists.\\n 2825. Capital restructuring financing program.\\n 2825-a. Health care facility transformation program: Kings\\n county project.\\n 2825-b. Oneida county health care facility transformation\\n program: Oneida county project.\\n 2825-c. Essential health care provider support program.\\n 2825-d. Health care facility transformation program:\\n statewide.\\n 2825-e. Health care facility transformation program: statewide\\n II.\\n 2825-f. Health care facility transformation program: statewide\\n III.\\n 2826. Temporary adjustment to reimbursement rates.\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2800", "title" : "Declaration of policy and statement of purpose", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2800", "activeDate" : "2014-09-22", "sequenceNo" : 980, "repealedDate" : null, "fromSection" : "2800", "toSection" : "2800", "text" : " § 2800. Declaration of policy and statement of purpose. Hospital and\\nrelated services including health-related service of the highest\\nquality, efficiently provided and properly utilized at a reasonable\\ncost, are of vital concern to the public health. In order to provide for\\nthe protection and promotion of the health of the inhabitants of the\\nstate, pursuant to section three of article seventeen of the\\nconstitution, the department of health shall have the central,\\ncomprehensive responsibility for the development and administration of\\nthe state's policy with respect to hospital and related services, and\\nall public and private institutions, whether state, county, municipal,\\nincorporated or not incorporated, serving principally as facilities for\\nthe prevention, diagnosis or treatment of human disease, pain, injury,\\ndeformity or physical condition or for the rendering of health-related\\nservice shall be subject to the provisions of this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2801", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2016-11-11", "2018-04-20", "2018-10-12", "2019-04-19", "2019-10-04", "2022-12-30", "2023-05-12", "2023-06-23", "2023-07-07", "2026-06-12" ], "docLevelId" : "2801", "activeDate" : "2019-04-19", "sequenceNo" : 981, "repealedDate" : null, "fromSection" : "2801", "toSection" : "2801", "text" : " § 2801. Definitions. The following words or phrases, as used in this\\narticle, shall have the following meanings, unless the context otherwise\\nrequires:\\n * 1. \"Hospital\" means a facility or institution engaged principally in\\nproviding services by or under the supervision of a physician or, in the\\ncase of a dental clinic or dental dispensary, of a dentist, or, in the\\ncase of a midwifery birth center, of a midwife, for the prevention,\\ndiagnosis or treatment of human disease, pain, injury, deformity or\\nphysical condition, including, but not limited to, a general hospital,\\npublic health center, diagnostic center, treatment center, dental\\nclinic, dental dispensary, rehabilitation center other than a facility\\nused solely for vocational rehabilitation, nursing home, tuberculosis\\nhospital, chronic disease hospital, maternity hospital, midwifery birth\\ncenter, lying-in-asylum, out-patient department, out-patient lodge,\\ndispensary and a laboratory or central service facility serving one or\\nmore such institutions, but the term hospital shall not include an\\ninstitution, sanitarium or other facility engaged principally in\\nproviding services for the prevention, diagnosis or treatment of mental\\ndisability and which is subject to the powers of visitation,\\nexamination, inspection and investigation of the department of mental\\nhygiene except for those distinct parts of such a facility which provide\\nhospital service. The provisions of this article shall not apply to a\\nfacility or institution engaged principally in providing services by or\\nunder the supervision of the bona fide members and adherents of a\\nrecognized religious organization whose teachings include reliance on\\nspiritual means through prayer alone for healing in the practice of the\\nreligion of such organization and where services are provided in\\naccordance with those teachings. No provision of this article or any\\nother provision of law shall be construed to: (a) limit the volume of\\nmental health or substance use disorder services that can be provided by\\na provider of primary care services licensed under this article and\\nauthorized to provide integrated services in accordance with regulations\\nissued by the commissioner in consultation with the commissioner of the\\noffice of mental health and the commissioner of the office of alcoholism\\nand substance abuse services, including regulations issued pursuant to\\nsubdivision seven of section three hundred sixty-five-l of the social\\nservices law or part L of chapter fifty-six of the laws of two thousand\\ntwelve; (b) require a provider licensed pursuant to article thirty-one\\nof the mental hygiene law or certified pursuant to article thirty-two of\\nthe mental hygiene law to obtain an operating certificate from the\\ndepartment if such provider has been authorized to provide integrated\\nservices in accordance with regulations issued by the commissioner in\\nconsultation with the commissioner of the office of mental health and\\nthe commissioner of the office of alcoholism and substance abuse\\nservices, including regulations issued pursuant to subdivision seven of\\nsection three hundred sixty-five-l of the social services law or part L\\nof chapter fifty-six of the laws of two thousand twelve.\\n * NB Effective until October 1, 2019\\n * 1. \"Hospital\" means a facility or institution engaged principally in\\nproviding services by or under the supervision of a physician or, in the\\ncase of a dental clinic or dental dispensary, of a dentist, or, in the\\ncase of a midwifery birth center, of a midwife, for the prevention,\\ndiagnosis or treatment of human disease, pain, injury, deformity or\\nphysical condition, including, but not limited to, a general hospital,\\npublic health center, diagnostic center, treatment center, dental\\nclinic, dental dispensary, rehabilitation center other than a facility\\nused solely for vocational rehabilitation, nursing home, tuberculosis\\nhospital, chronic disease hospital, maternity hospital, midwifery birth\\ncenter, lying-in-asylum, out-patient department, out-patient lodge,\\ndispensary and a laboratory or central service facility serving one or\\nmore such institutions, but the term hospital shall not include an\\ninstitution, sanitarium or other facility engaged principally in\\nproviding services for the prevention, diagnosis or treatment of mental\\ndisability and which is subject to the powers of visitation,\\nexamination, inspection and investigation of the department of mental\\nhygiene except for those distinct parts of such a facility which provide\\nhospital service. The provisions of this article shall not apply to a\\nfacility or institution engaged principally in providing services by or\\nunder the supervision of the bona fide members and adherents of a\\nrecognized religious organization whose teachings include reliance on\\nspiritual means through prayer alone for healing in the practice of the\\nreligion of such organization and where services are provided in\\naccordance with those teachings. No provision of this article or any\\nother provision of law shall be construed to: (a) limit the volume of\\nmental health, substance use disorder services or developmental\\ndisability services that can be provided by a provider of primary care\\nservices licensed under this article and authorized to provide\\nintegrated services in accordance with regulations issued by the\\ncommissioner in consultation with the commissioner of the office of\\nmental health, the commissioner of the office of alcoholism and\\nsubstance abuse services and the commissioner of the office for people\\nwith developmental disabilities, including regulations issued pursuant\\nto subdivision seven of section three hundred sixty-five-l of the social\\nservices law or part L of chapter fifty-six of the laws of two thousand\\ntwelve; (b) require a provider licensed pursuant to article thirty-one\\nof the mental hygiene law or certified pursuant to article sixteen or\\narticle thirty-two of the mental hygiene law to obtain an operating\\ncertificate from the department if such provider has been authorized to\\nprovide integrated services in accordance with regulations issued by the\\ncommissioner in consultation with the commissioner of the office of\\nmental health, the commissioner of the office of alcoholism and\\nsubstance abuse services and the commissioner of the office for people\\nwith developmental disabilities, including regulations issued pursuant\\nto subdivision seven of section three hundred sixty-five-l of the social\\nservices law or part L of chapter fifty-six of the laws of two thousand\\ntwelve.\\n * NB Effective October 1, 2019\\n 2. \"Nursing home\" means a facility providing therein nursing care to\\nsick, invalid, infirm, disabled or convalescent persons in addition to\\nlodging and board or health-related service, or any combination of the\\nforegoing, and in addition thereto, providing nursing care and\\nhealth-related service, or either of them, to persons who are not\\noccupants of the facility.\\n 3. \"Residential health care facility\" means a nursing home or a\\nfacility providing health-related service.\\n 4. (a) \"Hospital service\" means the preadmission, out-patient,\\nin-patient and post discharge care provided in or by a hospital, and\\nsuch other items or services as are necessary for such care, which are\\nprovided by or under the supervision of a physician for the purpose of\\nprevention, diagnosis or treatment of human disease, pain, injury,\\ndisability, deformity or physical condition, including, but not limited\\nto, nursing service, home-care nursing and other paramedical service,\\nambulance service, service provided by an intern or resident in\\ntraining, laboratory service, medical social service, drugs,\\nbiologicals, supplies, appliances, equipment, bed and board.\\n (b) \"Health-related service\" means service in a facility or facilities\\nwhich provide or offer lodging, board and physical care including, but\\nnot limited to, the recording of health information, dietary supervision\\nand supervised hygienic services incident to such service.\\n 5. \"Construction\" means the erection, building, or substantial\\nacquisition, alteration, reconstruction, improvement, extension or\\nmodification of a hospital, including its equipment; the inspection and\\nsupervision thereof; and the studies, surveys, designs, plans, working\\ndrawings, specifications, procedures and other actions necessary\\nthereto.\\n 6. \"Council\" and \"public health council\" mean the public health and\\nhealth planning council.\\n 7. \"Government agency\" means a department, board, bureau, division,\\noffice, agency, public benefit or other corporation, or any other unit,\\nhowever described, of the state or a political subdivision thereof.\\n 8. \"Caretaker\" means a person appointed pursuant to the provisions of\\nsection twenty-eight hundred six-b of this article, to act as a\\nfiduciary responsible to the court which appoints him for the conserving\\nand preserving of the rights and property of the operator of a\\nresidential health care facility, while also preserving and providing\\nfor the rights of the patients in such facility to care appropriate to\\ntheir needs in a clean and wholesome environment in accordance with\\napplicable federal and state laws and regulations.\\n 9. \"Out-patient lodge\" means a facility affiliated with an institution\\nproviding hospital service, which provides therein food and overnight\\nlodging to the chronically ill undergoing out-patient treatment for\\ncancer at such institution.\\n 10. \"General hospital\" means a hospital engaged in providing medical\\nor medical and surgical services primarily to in-patients by or under\\nthe supervision of a physician on a twenty-four hour basis with\\nprovisions for admission or treatment of persons in need of emergency\\ncare and with an organized medical staff and nursing service, including\\nfacilities providing services relating to particular diseases, injuries,\\nconditions or deformities. The term general hospital shall not include a\\nresidential health care facility, public health center, diagnostic\\ncenter, treatment center, out-patient lodge, dispensary and laboratory\\nor central service facility serving more than one institution.\\n 11. \"Midwifery birth center\" means a hospital engaged principally in\\nproviding prenatal and obstetric care, where such services are provided\\nprincipally by midwives.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2801-A", "title" : "Establishment or incorporation of hospitals", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-05-01", "2021-04-30", "2021-06-18", "2021-10-22", "2023-12-29", "2024-02-09", "2025-12-26" ], "docLevelId" : "2801-A", "activeDate" : "2015-05-01", "sequenceNo" : 982, "repealedDate" : null, "fromSection" : "2801-A", "toSection" : "2801-A", "text" : " § 2801-a. Establishment or incorporation of hospitals. 1. No hospital,\\nas defined in this article, shall be established except with the written\\napproval of the public health and health planning council. No\\ncertificate of incorporation of a business membership or not-for-profit\\ncorporation shall hereafter be filed which includes among its corporate\\npurposes or powers the establishment or operation of any hospital, as\\ndefined in this article, or the solicitation of contributions for any\\nsuch purpose, or two or more of such purposes, except with the written\\napproval of the public health and health planning council, and when\\notherwise required by law of a justice of the supreme court, endorsed on\\nor annexed to the certificate of incorporation. No articles of\\norganization of a limited liability company established pursuant to the\\nNew York limited liability company law which includes among its powers\\nor purposes the establishment or operation of any hospital as defined in\\nthis article, shall be filed with the department of state except upon\\nthe approval of the public health and health planning council.\\n 2. With respect to the incorporation or establishment of any hospital,\\nas defined in this article, the public health and health planning\\ncouncil shall give written approval after all of the following\\nrequirements have been met. An application for approval of the proposed\\ncertificate of incorporation, articles of organization or establishment\\nshall be filed with the public health and health planning council\\ntogether with such other forms and information as shall be prescribed\\nby, or acceptable to, the public health and health planning council.\\nThereafter, the public health and health planning council shall forward\\na copy of the proposed certificate or application for establishment, and\\naccompanying documents, to the health systems agency, if any, having\\ngeographical jurisdiction of the area where the proposed institution is\\nto be located. The public health and health planning council shall act\\nupon such application after the health systems agency has had a\\nreasonable time to submit their recommendations. At the time members of\\nthe public health and health planning council are notified that an\\napplication is scheduled for consideration, the applicant and the health\\nsystems agency shall be so notified in writing. The public health and\\nhealth planning council shall afford the applicant an opportunity to\\npresent information in person concerning the application to a committee\\ndesignated by the council. The public health and health planning council\\nshall not take any action contrary to the advice of the health systems\\nagency until it affords to the health systems agency an opportunity to\\nrequest a public hearing and, if so requested, a public hearing shall be\\nheld. If the public health and health planning council proposes to\\ndisapprove the application it shall afford the applicant an opportunity\\nto request a public hearing. The public health and health planning\\ncouncil may hold a public hearing on the application on its own motion.\\nAny public hearing held pursuant to this subdivision may be conducted by\\nthe public health and health planning council, or by any individual\\ndesignated by the public health and health planning council. Beginning\\non January first, nineteen hundred ninety-four, and each year\\nthereafter, a complete application received between January first and\\nJune thirtieth of each year shall be reviewed by the appropriate health\\nsystems agency and the department and presented to the public health and\\nhealth planning council for its consideration prior to June thirtieth of\\nthe following year and a complete application received between July\\nfirst and December thirty-first of each year shall be reviewed by the\\nappropriate health systems agency and the department presented to the\\npublic health and health planning council for consideration prior to\\nDecember thirty-first of the following year.\\n 2-a. (a) Notwithstanding any provision of law to the contrary, the\\ncommissioner is authorized to approve a certificate of incorporation or\\narticles of organization for establishment of a hospital, provided that:\\n(i) the certificate of incorporation or articles of organization\\nreflects solely a change in the form of the business organization of an\\nexisting entity which had been approved by the public health and health\\nplanning council or its predecessor; and (ii) every incorporator,\\nstockholder, member, director and sponsor of the new entity shall have\\nbeen an owner, partner, incorporator, stockholder, member, director or\\nsponsor of the existing entity; and (iii) the distribution of ownership,\\ninterests and voting rights in the new entity shall be the same as in\\nthe existing entity; and (iv) there shall be no change in the operator\\nof a hospital other than the form of its business organization, as a\\nresult of the approval of such certificate of incorporation or articles\\nof organization. Any approval by the public health and health planning\\ncouncil of a person as an owner, incorporator, stockholder, member,\\ndirector or sponsor in the existing entity shall be deemed to be\\napproval for the same degree of participation in the new entity. If the\\nproposal is acceptable to the commissioner an amended operating\\ncertificate shall be issued. In the event the commissioner determines\\nthat the proposed transfer is not approvable the application shall be\\nreferred to the public health and health planning council for its review\\nand action. If the public health and health planning council proposes to\\ndisapprove the application, it shall afford the applicant an opportunity\\nto request a public hearing and, if so requested, a public hearing shall\\nbe held. Any public hearing held pursuant to this subdivision may be\\nconducted by the public health and health planning council, or by any\\nindividual designated by the public health and health planning council.\\n 3. The public health and health planning council shall not approve a\\ncertificate of incorporation, articles of organization or application\\nfor establishment unless it is satisfied, insofar as applicable, as to\\n(a) the public need for the existence of the institution at the time and\\nplace and under the circumstances proposed, provided, however, that in\\nthe case of an institution proposed to be established or operated by an\\norganization defined in subdivision one of section one hundred\\nseventy-two-a of the executive law, the needs of the members of the\\nreligious denomination concerned, for care or treatment in accordance\\nwith their religious or ethical convictions, shall be deemed to be\\npublic need; (b) the character, competence, and standing in the\\ncommunity, of the proposed incorporators, directors, sponsors,\\nstockholders, members or operators; with respect to any proposed\\nincorporator, director, sponsor, stockholder, member or operator who is\\nalready or within the past ten years has been an incorporator, director,\\nsponsor, member, principal stockholder, principal member, or operator of\\nany hospital, private proprietary home for adults, residence for adults,\\nor non-profit home for the aged or blind which has been issued an\\noperating certificate by the state department of social services, or a\\nhalfway house, hostel or other residential facility or institution for\\nthe care, custody or treatment of the mentally disabled which is subject\\nto approval by the department of mental hygiene, no approval shall be\\ngranted unless the public health and health planning council, having\\nafforded an adequate opportunity to members of health systems agencies,\\nif any, having geographical jurisdiction of the area where the\\ninstitution is to be located to be heard, shall affirmatively find by\\nsubstantial evidence as to each such incorporator, director, sponsor,\\nprincipal stockholder or operator that a substantially consistent high\\nlevel of care is being or was being rendered in each such hospital,\\nhome, residence, halfway house, hostel, or other residential facility or\\ninstitution with which such person is or was affiliated; for the\\npurposes of this paragraph, the public health and health planning\\ncouncil shall adopt rules and regulations, subject to the approval of\\nthe commissioner, to establish the criteria to be used to determine\\nwhether a substantially consistent high level of care has been rendered,\\nprovided, however, that there shall not be a finding that a\\nsubstantially consistent high level of care has been rendered where\\nthere have been violations of the state hospital code, or other\\napplicable rules and regulations, that (i) threatened to directly affect\\nthe health, safety or welfare of any patient or resident, and (ii) were\\nrecurrent or were not promptly corrected; (c) the financial resources of\\nthe proposed institution and its sources of future revenues; and (d)\\nsuch other matters as it shall deem pertinent.\\n 3-a. Notwithstanding any other provisions of this chapter, the public\\nhealth council is hereby empowered to approve the establishment, for\\ndemonstration purposes, of not more than one existing hospital within\\nthe geographical jurisdiction of each health systems agency established\\nunder the provisions of subdivision (c) of section twenty-nine hundred\\nfour of this chapter. The purposes of such hospitals shall be to offer\\nand provide nursing home services, board and lodging to persons\\nrequiring such services within one hospital. The public health council\\nmay approve the establishment of such hospitals without regard to the\\nrequirement of public need as set forth in subdivision three of this\\nsection.\\n 4. (a) Any change in the person who is the operator of a hospital\\nshall be approved by the public health and health planning council in\\naccordance with the provisions of subdivisions two and three of this\\nsection. Notwithstanding any inconsistent provision of this paragraph,\\nany change by a natural person who is the operator of a hospital seeking\\nto transfer part of his or her interest in such hospital to another\\nperson or persons so as to create a partnership shall be approved in\\naccordance with the provisions of paragraph (b) of this subdivision.\\n (b) (i) Any transfer, assignment or other disposition of ten percent\\nor more of an interest or voting rights in a partnership or limited\\nliability company, which is the operator of a hospital to a new partner\\nor member, shall be approved by the public health and health planning\\ncouncil, in accordance with the provisions of subdivisions two and three\\nof this section, except that: (A) any such change shall be subject to\\nthe approval by the public health and health planning council in\\naccordance with paragraph (b) of subdivision three of this section only\\nwith respect to the new partner or member, and any remaining partners or\\nmembers who have not been previously approved for that facility in\\naccordance with such paragraph, and (B) such change shall not be subject\\nto paragraph (a) of subdivision three of this section.\\n (ii) With respect to a transfer, assignment or disposition involving\\nless than ten percent of an interest or voting rights in such\\npartnership or limited liability company to a new partner or member, no\\nprior approval of the public health and health planning council shall be\\nrequired. However, no such transaction shall be effective unless at\\nleast ninety days prior to the intended effective date thereof, the\\npartnership or limited liability company fully completes and files with\\nthe public health and health planning council notice on a form, to be\\ndeveloped by the public health and health planning council, which shall\\ndisclose such information as may reasonably be necessary for the public\\nhealth and health planning council to determine whether it should bar\\nthe transaction for any of the reasons set forth in item (A), (B), (C)\\nor (D) below. Within ninety days from the date of receipt of such\\nnotice, the public health and health planning council may bar any\\ntransaction under this subparagraph: (A) if the equity position of the\\npartnership or limited liability company, determined in accordance with\\ngenerally accepted accounting principles, would be reduced as a result\\nof the transfer, assignment or disposition; (B) if the transaction would\\nresult in the ownership of a partnership or membership interest by any\\npersons who have been convicted of a felony described in subdivision\\nfive of section twenty-eight hundred six of this article; (C) if there\\nare reasonable grounds to believe that the proposed transaction does not\\nsatisfy the character and competence criteria set forth in subdivision\\nthree of this section; or (D) if the transaction, together with all\\ntransactions under this subparagraph for the partnership, or successor,\\nduring any five year period would, in the aggregate, involve twenty-five\\npercent or more of the interest in the partnership. The public health\\nand health planning council shall state specific reasons for barring any\\ntransaction under this subparagraph and shall so notify each party to\\nthe proposed transaction.\\n (iii) With respect to a transfer, assignment or disposition of an\\ninterest or voting rights in such partnership or limited liability\\ncompany to any remaining partner or member, which transaction involves\\nthe withdrawal of the transferor from the partnership or limited\\nliability company, no prior approval of the public health and health\\nplanning council shall be required. However, no such transaction shall\\nbe effective unless at least ninety days prior to the intended effective\\ndate thereof, the partnership or limited liability company fully\\ncompletes and files with the public health and health planning council\\nnotice on a form, to be developed by the public health and health\\nplanning council, which shall disclose such information as may\\nreasonably be necessary for the public health and health planning\\ncouncil to determine whether it should bar the transaction for the\\nreason set forth below. Within ninety days from the date of receipt of\\nsuch notice, the public health and health planning council may bar any\\ntransaction under this subparagraph if the equity position of the\\npartnership or limited liability company, determined in accordance with\\ngenerally accepted accounting principles, would be reduced as a result\\nof the transfer, assignment or disposition. The public health and health\\nplanning council shall state specific reasons for barring any\\ntransaction under this subparagraph and shall so notify each party to\\nthe proposed transaction.\\n (c) Any transfer, assignment or other disposition of ten percent or\\nmore of the stock or voting rights thereunder of a corporation which is\\nthe operator of a hospital or which is a member of a limited liability\\ncompany which is the operator of a hospital to a new stockholder, or any\\ntransfer, assignment or other disposition of the stock or voting rights\\nthereunder of such a corporation which results in the ownership or\\ncontrol of more than ten percent of the stock or voting rights\\nthereunder of such corporation by any person not previously approved by\\nthe public health and health planning council, or its predecessor, for\\nthat corporation shall be subject to approval by the public health and\\nhealth planning council, in accordance with the provisions of\\nsubdivisions two and three of this section and rules and regulations\\npursuant thereto; except that: any such transaction shall be subject to\\nthe approval by the public health and health planning council in\\naccordance with paragraph (b) of subdivision three of this section only\\nwith respect to a new stockholder or a new principal stockholder; and\\nshall not be subject to paragraph (a) of subdivision three of this\\nsection. In the absence of such approval, the operating certificate of\\nsuch hospital shall be subject to revocation or suspension. No prior\\napproval of the public health and health planning council shall be\\nrequired with respect to a transfer, assignment or disposition of ten\\npercent or more of the stock or voting rights thereunder of a\\ncorporation which is the operator of a hospital or which is a member of\\na limited liability company which is the owner of a hospital to any\\nperson previously approved by the public health and health planning\\ncouncil, or its predecessor, for that corporation. However, no such\\ntransaction shall be effective unless at least ninety days prior to the\\nintended effective date thereof, the stockholder completes and files\\nwith the public health and health planning council notice on forms to be\\ndeveloped by the public health and health planning council, which shall\\ndisclose such information as may reasonably be necessary for the public\\nhealth and health planning council to determine whether it should bar\\nthe transaction. Such transaction will be final as of the intended\\neffective date unless, prior thereto, the public health and health\\nplanning council shall state specific reasons for barring such\\ntransactions under this paragraph and shall notify each party to the\\nproposed transaction. Nothing in this paragraph shall be construed as\\npermitting a person not previously approved by the public health and\\nhealth planning council for that corporation to become the owner of ten\\npercent or more of the stock of a corporation which is the operator of a\\nhospital or which is a member of a limited liability company which is\\nthe owner of a hospital without first obtaining the approval of the\\npublic health and health planning council.\\n (d) No hospital shall be approved for establishment which would be\\noperated by a limited partnership, or by a partnership any of the\\nmembers of which are not natural persons.\\n (e) No hospital shall be approved for establishment which would be\\noperated by a corporation any of the stock of which is owned by another\\ncorporation or a limited liability company if any of its corporate\\nmembers' stock is owned by another corporation.\\n (f) No corporation shall be a member of a limited liability company\\nauthorized to operate a hospital unless its proposed incorporators,\\ndirectors, stockholders or principal stockholders shall have been\\napproved in accordance with the provisions of subdivision three of this\\nsection applicable to the approval of the proposed incorporators,\\ndirectors or stockholders of any other corporation requiring approval\\nfor establishment.\\n (g) A natural person appointed as trustee of an express testamentary\\ntrust, created by a deceased sole proprietor, partner or shareholder in\\nthe operation of a hospital for the benefit of a person of less than\\ntwenty-five years of age, may, as the trustee, apply pursuant to\\nsubdivision two of this section for approval to operate or participate\\nin the operation of a facility or interest therein which is included in\\nthe corpus of such trust until such time as all beneficiaries attain the\\nage of twenty-five, unless the trust instrument provides for earlier\\ntermination, or such beneficiaries receive establishment approval in\\ntheir own right, or until a transfer of the trust corpus is approved by\\nthe public health and health planning council, in accordance with this\\nsubdivision and subdivisions two and three of this section, whichever\\nfirst occurs. The public health and health planning council shall not\\napprove any such application unless it is satisfied as to:\\n (i) the character, competence and standing in the community of each\\nproposed trustee operator pursuant to the provisions of paragraph (b) of\\nsubdivision three of this section; and\\n (ii) the ability of the trustee under the terms of the trust\\ninstrument to operate or participate in the operation of the hospital in\\na manner consistent with this chapter and regulations promulgated\\npursuant thereto.\\n (h) A natural person appointed conservator pursuant to article\\neighty-one of the mental hygiene law, or a natural person appointed\\ncommittee of the property of an incompetent pursuant to article\\neighty-one of the mental hygiene law or a sole proprietor, partner or\\nshareholder of a hospital, may apply pursuant to subdivision two of this\\nsection for approval to operate a hospital owned by the conservatee or\\nincompetent for a period not exceeding two years or until a transfer of\\nthe hospital is approved by the public health and health planning\\ncouncil in accordance with subdivisions two and three of this section,\\nwhichever occurs first. The public health and health planning council\\nshall not approve any such application unless it is satisfied as to:\\n (i) the character, competence and standing in the community of the\\nproposed conservator operator or committee operator pursuant to the\\nprovisions of paragraph (b) of subdivision three of this section; and\\n (ii) the ability of the conservator or committee under the terms of\\nthe court order to operate the hospital in a manner consistent with this\\nchapter and regulations promulgated pursuant thereto.\\n (i) Upon recommendation by the commissioner, if the public health and\\nhealth planning council finds by substantial evidence that an improper\\ndelegation of management authority by a governing authority or operator\\nof a general hospital has occurred as defined by paragraph (g) of\\nsubdivision one of section twenty-eight hundred six-a of this article,\\nthe establishment approval of such hospital shall be subject to\\nrevocation or suspension.\\n 5. Except as otherwise hereinafter provided, no county, city, town,\\nvillage or other governmental subdivision shall establish or create any\\nagency concerned with the establishment of any hospital as defined in\\nthis article without securing the written approval of the public health\\nand health planning council in accordance with the requirements and\\nprocedures of subdivisions two and three of this section with respect to\\ncertificates of incorporation, articles of organization and\\nestablishment, except that the requirements relating to the proposed\\nincorporators, directors and sponsors shall not apply. The preceding\\nshall not apply to the establishment of state hospitals by the state of\\nNew York or to the establishment of municipal hospitals by the city of\\nNew York.\\n 6. No corporation having power to solicit contributions for charitable\\npurposes shall be deemed to have authority to solicit contributions for\\nany purpose for which the approval of the public health and health\\nplanning council is required, unless the certificate of incorporation\\nspecifically makes provision therefor, and the written approval of the\\npublic health and health planning council, or its predecessor is\\nendorsed on or annexed to such certificate.\\n 7. Where such approval has not been obtained the public health and\\nhealth planning council may institute and maintain an action in the\\nsupreme court through the attorney general to procure a judgment\\ndissolving and vacating or annulling the certificate of incorporation of\\n (a) any such corporation, or\\n (b) any corporation hereafter incorporated, the name, purposes,\\nobjects or the activities of which in any manner may lead to the belief\\nthat the corporation possesses or may exercise any of such purposes.\\n 8. No corporation heretofore formed, having among its powers the power\\nto solicit contributions for charitable purposes, may solicit or\\ncontinue to solicit contributions for a purpose for which the approval\\nof the public health and health planning council is required without the\\nwritten approval of the public health and health planning council,\\nexcept: (a) a corporation which, prior to June first, nineteen hundred\\nseventy, had received the approval of the state board of social welfare\\nof a certificate of incorporation containing such power; or (b) a\\ncorporation, which prior to December first, two thousand ten, had\\nreceived the approval of the public health council of a certificate of\\nincorporation containing such power. If such approval is not obtained\\nand the corporation continues to solicit or to receive contributions for\\nsuch purpose or advertises that it has obtained such approval, the\\npublic health and health planning council may institute and maintain an\\naction in the supreme court through the attorney general to procure a\\njudgment dissolving and vacating or annulling the certificate of\\nincorporation of any such corporation.\\n 9. Only a natural person, a partnership or limited liability company\\nmay hereafter undertake to engage in the business of operating or\\nconducting a hospital, as defined in this article, for profit, except\\nthat: (a) a person, partnership or corporation which owned and was\\noperating a hospital on April fourth, nineteen hundred fifty-six, may\\ncontinue to own and operate such hospital; (b) a business corporation\\nmay, with the approval of the public health council, and in accordance\\nwith the provisions of subdivisions two and three of this section,\\nundertake to engage in the business of operating or conducting a\\nhospital, as defined in this article for profit, provided that such\\ncorporation shall not discriminate because of race, color, creed,\\nnational origin or sponsor in admission or retention of patients; (c) a\\nbusiness corporation owning and operating a nursing home on May\\ntwenty-second, nineteen hundred sixty-nine, in accordance with\\napplicable provisions of law, may continue to own and operate such\\nnursing home; (d) a person who, or a partnership which, is operating a\\nprivate proprietary nursing home in accordance with applicable\\nprovisions of law may, with the approval of the public health and health\\nplanning council, and in accordance with the provisions of subdivision\\nthree of this section and any rules and regulations thereunder form a\\nbusiness corporation to engage in the business of operating or\\nconducting such nursing home, provided, however, that such corporation\\nshall not discriminate because of race, color, creed, national origin or\\nsponsor in admission or retention of patients; (e) a business\\ncorporation operating a nursing home, which corporation was formed with\\nthe approval of the state board of social welfare, may continue to own\\nand operate such nursing home.\\n 10. (a) The public health and health planning council, by a majority\\nvote of its members, shall adopt and amend rules and regulations, to\\neffectuate the provisions and purposes of this section, and to provide\\nfor the revocation, limitation or annulment of approvals of\\nestablishment.\\n (b) (i) No approval of establishment shall be revoked, limited or\\nannulled without first offering the person who received such approval\\nthe opportunity of requesting a public hearing. (ii) The commissioner,\\nat the request of the public health and health planning council, shall\\nfix a time and place for any such hearing requested. (iii) Notice of the\\ntime and place of the hearing shall be served in person or mailed by\\nregistered mail to the person who has received establishment approval at\\nleast twenty-one days before the date fixed for the hearing. (iv) Such\\nperson shall file with the department, not less than eight days prior to\\nthe hearing, a written answer. (v) All orders or determinations\\nhereunder shall be subject to review as provided in article\\nseventy-eight of the civil practice law and rules. Application for such\\nreview must be made within sixty days after service in person or by\\nregistered mail of a copy of such order or determination.\\n 11. Any person filing a proposed certificate of incorporation,\\narticles of organization or an application for establishment of a\\nresidential health care facility for approval of the public health and\\nhealth planning council shall file with the commissioner such\\ninformation on the ownership of the property interests in such facility\\nas shall be prescribed by regulation, including the following:\\n (a) The name and address and a description of the interest held by\\neach of the following persons:\\n (i) any person, who directly or indirectly, beneficially owns any\\ninterest in the land on which the facility is located;\\n (ii) any person who, directly or indirectly, beneficially owns any\\ninterest in the building in which the facility is located;\\n (iii) any person who, directly or indirectly, beneficially owns any\\ninterest in any mortgage, note, deed of trust or other obligation\\nsecured in whole or in part by the land on which or building in which\\nthe facility is located; and\\n (iv) any person who, directly or indirectly, has any interest as\\nlessor or lessee in any lease or sub-lease of the land on which or the\\nbuilding in which the facility is located.\\n (b) If any person named in response to paragraph (a) of this\\nsubdivision is a partnership or limited liability company, then the name\\nand address of each partner or member.\\n (c) If any person named in response to paragraph (a) of this\\nsubdivision is a corporation, other than a corporation whose shares are\\ntraded on a national securities exchange or are regularly quoted in an\\nover-the-counter market or which is a commercial bank, savings bank or\\nsavings and loan association, then the name and address of each officer,\\ndirector, stockholder and, if known, each principal stockholder and\\ncontrolling person of such corporation.\\n (d) If any corporation named in response to paragraph (a) of this\\nsubdivision is a corporation whose shares are traded on a national\\nsecurities exchange or are regularly quoted in an over-the-counter\\nmarket or which is a commercial bank, savings bank or savings and loan\\nassociation, then the name and address of the principal executive\\nofficers and each director and, if known, each principal stockholder of\\nsuch corporation.\\n 12. The following definitions shall be applicable to this section:\\n (a) \"Controlling person\" of any corporation, partnership, limited\\nliability company or other entity means any person who by reason of a\\ndirect or indirect ownership interest (whether of record or beneficial)\\nhas the ability, acting either alone or in concert with others with\\nownership or membership interests, to direct or cause the direction of\\nthe management or policies of said corporation, partnership, limited\\nliability company or other entity. Neither the commissioner nor any\\nemployee of the department nor any member of a local legislative body of\\na county or municipality, nor any county or municipal official except\\nwhen acting as the administrator of a residential health care facility,\\nshall, by reason of his or her official position, be deemed a\\ncontrolling person of any corporation, partnership, limited liability\\ncompany or other entity, nor shall any person who serves as an officer,\\nadministrator or other employee of any corporation, partnership, limited\\nliability company or other entity or as a member of a board of directors\\nor trustees of any corporation be deemed to be a controlling person of\\nsuch corporation, partnership, limited liability company or other entity\\nas a result of such position or his or her official actions in such\\nposition.\\n (b) \"Principal stockholder\" of a corporation means any person who\\nbeneficially owns, holds or has the power to vote, ten percent or more\\nof any class of securities issued by said corporation.\\n (c) \"Principal member\" of a limited liability company means any person\\nwho beneficially owns, holds or has the power to vote, ten percent or\\nmore interest determined by such member's share in the current profits\\nof the limited liability company.\\n 13. Any person who operates a hospital without the written approval of\\nthe public health and health planning council shall be liable to the\\npeople of the state for a civil penalty not to exceed ten thousand\\ndollars for every such violation.\\n 14. (a) The public health and health planning council may approve the\\nestablishment of not-for-profit rural health networks as defined in\\narticle twenty-nine-A of this chapter, pursuant to the provisions of\\nsubdivisions two and three of this section, except that the public\\nhealth and health planning council shall not consider the public need\\nfor and financial resources and sources of future revenues of such\\nnetworks which do not seek approval to operate a hospital. In addition\\nto character and competence, the public health and health planning\\ncouncil may take into consideration available network plans.\\n (b) The board of directors or trustees of a not-for-profit rural\\nhealth network shall be comprised of a representative or representatives\\nof participating providers and members of the general public residing in\\nthe area served by such network.\\n 15. (a) Diagnostic or treatment centers established exclusively to\\nprovide end stage renal disease services may be operated by corporations\\nand limited liability companies formed under the laws of New York whose\\nstockholders or members, as applicable, are not natural persons if such\\ncorporations and limited liability companies and its principal\\nstockholders and members, as applicable, and controlling persons comply\\nwith all applicable requirements of this section and demonstrate, to the\\nsatisfaction of the public health and health planning council,\\nsufficient experience and expertise in delivering high quality end stage\\nrenal disease care. For purposes of this subdivision, the public health\\nand health planning council shall adopt and amend rules and regulations,\\nnotwithstanding any inconsistent provision of this section, to address\\nany matter it deems pertinent to the establishment and operation of\\ndiagnostic or treatment centers pursuant to this subdivision; provided\\nthat such rules and regulations shall include, but not be limited to\\nprovisions governing or relating to: (i) any direct or indirect changes\\nor transfers of ownership interests or voting rights in such\\ncorporations and limited liability companies or their stockholders or\\nmembers, as applicable, and provide for public health and health\\nplanning council approval of any change in controlling interests,\\nprincipal stockholders, principal members, controlling persons, parent\\ncompany or sponsors; (ii) oversight of the operator and its stockholders\\nor members, as applicable, including local governance of the diagnostic\\nor treatment centers; and (iii) relating to the character and competence\\nand qualifications of, and changes relating to, the directors, managers\\nand officers of the operator and its principal stockholders, principal\\nmembers, controlling persons, parent company or sponsors.\\n (b) The following provisions of this section shall not apply to\\ndiagnostic or treatment centers operated pursuant to this subdivision:\\n(i) paragraph (b) of subdivision three of this section, relating to\\nstockholders and members; (ii) paragraph (c) of subdivision four of this\\nsection, relating to the disposition of stock or voting rights; and\\n(iii) paragraph (e) of subdivision four of this section, relating to the\\nownership of stock or membership.\\n 16. (a) The commissioner shall charge to applicants for the\\nestablishment of hospitals the following application fee:\\n (i) For general hospitals: $3,000\\n (ii) For nursing homes: $3,000\\n (iii) For safety net diagnostic and treatment centers\\n as defined in paragraph (c) of this subdivision: $1,000\\n (iv) For all other diagnostic and treatment centers: $2,000\\n (b) An applicant for both establishment and construction of a hospital\\nshall not be subject to this subdivision and shall be subject to fees\\nand charges as set forth in section twenty-eight hundred two of this\\narticle.\\n (c) The commissioner may designate a diagnostic and treatment center\\nor proposed diagnostic and treatment center as a \"safety net diagnostic\\nand treatment center\" if it is operated or proposes to be operated by a\\nnot-for-profit corporation or local health department; participates or\\nintends to participate in the medical assistance program; demonstrates\\nor projects that a significant percentage of its visits, as determined\\nby the commissioner, were by uninsured individuals; and principally\\nprovides primary care services as defined by the commissioner.\\n (d) The fees and charges paid by an applicant pursuant to this\\nsubdivision for any application for establishment of a hospital approved\\nin accordance with this section shall be deemed allowable capital costs\\nin the determination of reimbursement rates established pursuant to this\\narticle. The cost of such fees and charges shall not be subject to\\nreimbursement ceiling or other penalties used by the commissioner for\\nthe purpose of establishing reimbursement rates pursuant to this\\narticle. All fees pursuant to this section shall be payable to the\\ndepartment of health for deposit into the special revenue funds - other,\\nmiscellaneous special revenue fund - 339, certificate of need account.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2801-B", "title" : "Improper practices in hospital staff appointments and extension of professional privileges prohibited", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2801-B", "activeDate" : "2014-09-22", "sequenceNo" : 983, "repealedDate" : null, "fromSection" : "2801-B", "toSection" : "2801-B", "text" : " § 2801-b. Improper practices in hospital staff appointments and\\nextension of professional privileges prohibited. 1. It shall be an\\nimproper practice for the governing body of a hospital to refuse to act\\nupon an application for staff membership or professional privileges or\\nto deny or withhold from a physician, podiatrist, optometrist, dentist\\nor licensed midwife staff membership or professional privileges in a\\nhospital, or to exclude or expel a physician, podiatrist, optometrist,\\ndentist or licensed midwife from staff membership in a hospital or\\ncurtail, terminate or diminish in any way a physician's, podiatrist's,\\noptometrist's, dentist's or licensed midwife's professional privileges\\nin a hospital, without stating the reasons therefor, or if the reasons\\nstated are unrelated to standards of patient care, patient welfare, the\\nobjectives of the institution or the character or competency of the\\napplicant. It shall be an improper practice for a governing body of a\\nhospital to refuse to act upon an application or to deny or to withhold\\nstaff membership or professional privileges to a podiatrist based solely\\nupon a practitioner's category of licensure.\\n 2. Any person claiming to be aggrieved by an improper practice as\\ndefined in this section may, by himself or his attorney, make, sign and\\nfile with the public health council a verified complaint in writing\\nwhich shall state the name and address of the hospital whose governing\\nbody is alleged to have committed the improper practice complained of\\nand which shall set forth the particulars thereof and contain such other\\ninformation as may be required by the council.\\n 3. After the filing of any such complaint, the public health council\\nshall make a prompt investigation in connection therewith. In conducting\\nsuch investigation, the public health council is authorized to receive\\nreports from the governing body of the hospital and the complainant, as\\nthe case may be, and the furnishing of such information to the public\\nhealth council, or by the council to the governing body or complainant,\\nshall not subject any person or hospital to any action for damages or\\nother relief. Such information when received by the public health\\ncouncil, or its authorized representative, shall be kept confidential\\nand shall be used solely for the purposes of this section and the\\nimprovement of the standards of patient care and patient welfare. The\\nrecords of such proceedings shall not be admissible as evidence in any\\nother action of any kind in any court or before any other tribunal,\\nboard, agency, or person. If the council shall determine after such\\ninvestigation that cause exists for crediting the allegations of the\\ncomplaint, the council shall promptly so advise the governing body of\\nthe hospital against which the complaint was made, and shall direct that\\nsuch governing body make a review of the actions of such body in denying\\nor withholding staff membership or professional privileges from the\\ncomplainant physician, podiatrist, optometrist, dentist or licensed\\nmidwife or in excluding or expelling such physician, podiatrist,\\noptometrist, dentist or licensed midwife from staff membership or in\\ncurtailing, terminating or in any way diminishing such physician's,\\npodiatrist's, optometrist's, dentist's or licensed midwife's\\nprofessional privileges in the hospital.\\n 4. The provisions of this section shall not be deemed to impair or\\naffect any other right or remedy.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2801-C", "title" : "Injunctions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2801-C", "activeDate" : "2014-09-22", "sequenceNo" : 984, "repealedDate" : null, "fromSection" : "2801-C", "toSection" : "2801-C", "text" : " § 2801-c. Injunctions. The supreme court may enjoin violations or\\nthreatened violations of any provisions of this article; and it may\\nenjoin violations of the regulations of the department adopted\\nthereunder. Upon request of the public health council or the\\ncommissioner, the attorney general shall maintain an action in the\\nsupreme court in the name of the people of the state to enjoin any such\\nviolation. Notwithstanding any limitation of the civil practice law and\\nrules, such court may, on motion and affidavit, and upon proof that such\\nviolation is one which reasonably may result in injury to any person,\\nwhether or not such person is a party to such action, grant a temporary\\ninjunction upon such terms as may be just, pending the determination of\\nthe action. No security on the part of the people of this state shall be\\nrequired. In any action for injunction brought pursuant to this article,\\nany finding of the public health council or the commissioner or hearing\\nofficer designated by either shall be prima facie evidence of the fact\\nor facts found therein.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2801-D", "title" : "Private actions by patients of residential health care facilities", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2022-08-19" ], "docLevelId" : "2801-D", "activeDate" : "2014-09-22", "sequenceNo" : 985, "repealedDate" : null, "fromSection" : "2801-D", "toSection" : "2801-D", "text" : " § 2801-d. Private actions by patients of residential health care\\nfacilities. 1. Any residential health care facility that deprives any\\npatient of said facility of any right or benefit, as hereinafter\\ndefined, shall be liable to said patient for injuries suffered as a\\nresult of said deprivation, except as hereinafter provided. For purposes\\nof this section a \"right or benefit\" of a patient of a residential\\nhealth care facility shall mean any right or benefit created or\\nestablished for the well-being of the patient by the terms of any\\ncontract, by any state statute, code, rule or regulation or by any\\napplicable federal statute, code, rule or regulation, where\\nnoncompliance by said facility with such statute, code, rule or\\nregulation has not been expressly authorized by the appropriate\\ngovernmental authority. No person who pleads and proves, as an\\naffirmative defense, that the facility exercised all care reasonably\\nnecessary to prevent and limit the deprivation and injury for which\\nliability is asserted shall be liable under this section. For the\\npurposes of this section, \"injury\" shall include, but not be limited to,\\nphysical harm to a patient; emotional harm to a patient; death of a\\npatient; and financial loss to a patient.\\n 2. Upon a finding that a patient has been deprived of a right or\\nbenefit and that said patient has been injured as a result of said\\ndeprivation, and unless there is a finding that the facility exercised\\nall care reasonably necessary to prevent and limit the deprivation and\\ninjury to the patient, compensatory damages shall be assessed in an\\namount sufficient to compensate such patient for such injury, but in no\\nevent less than twenty-five percent of the daily per-patient rate of\\npayment established for the residential health care facility under\\nsection twenty-eight hundred seven of this article or, in the case of a\\nresidential health care facility not having such an established rate,\\nthe average daily total charges per patient for said facility, for each\\nday that such injury exists. In addition, where the deprivation of any\\nsuch right or benefit is found to have been willful or in reckless\\ndisregard of the lawful rights of the patient, punitive damages may be\\nassessed.\\n 3. A patient residing in a residential health care facility may also\\nmaintain an action pursuant to this section for any other type of\\nrelief, including injunctive and declaratory relief, permitted by law.\\n 4. Any damages recoverable pursuant to this section, including minimum\\ndamages as provided by subdivision two of this section, may be recovered\\nin any action which a court may authorize to be brought as a class\\naction pursuant to article nine of the civil practice law and rules. The\\nremedies provided in this section are in addition to and cumulative with\\nany other remedies available to a patient, at law or in equity or by\\nadministrative proceedings, including tort causes of action, and may be\\ngranted regardless of whether such other remedies are available or are\\nsought. A violation of subdivision three of section twenty-eight hundred\\nthree-c of this article is not a prerequisite for a claim under this\\nsection. Exhaustion of any available administrative remedies shall not\\nbe required prior to commencement of suit hereunder.\\n 5. The amount of any damages recovered by a patient, in an action\\nbrought pursuant to this section shall be exempt for purposes of\\ndetermining initial or continuing eligibility for medical assistance\\nunder title eleven of article five of the social services law and shall\\nneither be taken into consideration nor required to be applied toward\\nthe payment or part payment of the cost of medical care or services\\navailable under said title eleven.\\n 6. If judgment in an action maintained under this section is rendered\\nin favor of the plaintiff, in its discretion the court may, if justice\\nrequires, award attorneys' fees to the plaintiff based on the reasonable\\nvalue of legal services rendered and payable by the defendant.\\n 7. Any waiver by a patient or his legal representative of the right to\\ncommence an action under this section, whether oral or in writing, shall\\nbe null and void and without legal force or effect.\\n 8. Any party to an action brought under this section shall be entitled\\nto a trial by jury and any waiver of the right to a trial by a jury,\\nwhether oral or in writing, prior to the commencement of an action,\\nshall be null and void, and without legal force or effect.\\n 9. No insurance premium or part thereof paid by any residential health\\ncare facility which is attributable solely to insurance against\\nliability pursuant to this section shall be allowed as a reimbursable\\ncost for purposes of any proposed rate schedule for payments for\\nhospital or health-related service which the commissioner shall\\ndetermine and certify pursuant to section twenty-eight hundred seven of\\nthis chapter.\\n 10. a. No person shall discriminate against any patient of a\\nresidential health care facility because such patient, or the patient's\\nlegal representative, has brought or caused to be brought any action\\npursuant to this section, or against any patient or employee of a\\nresidential health care facility because such patient or employee has\\ngiven or provided or is to give or provide testimony or other evidence\\nfor purposes of such action.\\n b. Any patient who has reason to believe that he or she may have been\\ndiscriminated against in violation of this subdivision may, within\\nthirty days after such alleged violation occurs, file a complaint with\\nthe commissioner. The commissioner shall investigate any such complaint,\\nand shall, if such complaint is deemed meritorious, serve upon the\\nadministrator of the subject facility, in his capacity as a\\nrepresentative of the facility, either by personal service or by\\ncertified mail addressed to the administrator in care of the facility,\\nreturn receipt requested, a complaint stating the substance of the\\nalleged discrimination with reasonable particularity. A hearing shall be\\nconducted in accordance with section twelve-a of this chapter within\\nthirty days of the service of such complaint. The hearing officer shall\\nmake a report of his findings to the commissioner, who, if he determines\\nthat a violation of this subdivision has occurred, may grant whatever\\nrelief is necessary and appropriate to remedy the violation, including,\\nbut not limited to readmittance of patients wrongfully discharged. Any\\nsuch order of the commissioner shall be appealable by a proceeding under\\narticle seventy-eight of the civil practice law and rules.\\n c. Whenever the commissioner has issued an order as provided in this\\nsubdivision he may apply to any court of competent jurisdiction for the\\nenforcement of such order.\\n d. Any action taken by the commissioner in accordance with the\\nprovisions of this subdivision shall not be exclusive, and may be taken\\nin conjunction with an action for a civil penalty for a violation of\\nparagraph a of this subdivision, or any private civil action brought by\\nan injured party, or both.\\n e. Any employee who has reason to believe that he or she may have been\\ndiscriminated against in violation of this subdivision may bring a\\nproceeding in accordance with the provisions of article fifteen of the\\nexecutive law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2801-E", "title" : "Voluntary residential health care facility rightsizing demonstration program", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2801-E", "activeDate" : "2014-09-22", "sequenceNo" : 986, "repealedDate" : null, "fromSection" : "2801-E", "toSection" : "2801-E", "text" : " § 2801-e. Voluntary residential health care facility rightsizing\\ndemonstration program. 1. The voluntary residential health care facility\\nrightsizing demonstration program is intended to be a flexible and\\ninnovative approach to dealing with excess capacity in residential\\nhealth care facilities due to changes in care delivery and other\\nfactors. The demonstration is designed to promote the development of\\nless restrictive and less institutional long-term care programs and\\nservices; discourage inappropriate nursing home placements; generate\\nmedicaid savings to the state and localities; and assist residential\\nhealth care facilities with the financial implications of declining\\noccupancies.\\n 2. Notwithstanding any inconsistent provision of law or regulation to\\nthe contrary, a residential health care facility, as defined in section\\ntwenty-eight hundred one of this article, may apply to temporarily\\ndecertify or permanently convert a portion of its existing certified\\nbeds to another type of program or service under the voluntary\\nresidential health care facility rightsizing demonstration program. The\\ncommissioner may approve temporary decertifications and permanent\\nconversions of beds totaling no more than five thousand residential\\nhealth care facility beds on a statewide basis under this program. Such\\napprovals shall reflect, to the extent practicable, participation by a\\nvariety of residential health care facilities based on geography, size\\nand other pertinent factors.\\n 3. For this purpose, a residential health care facility may submit, in\\na format and within timeframes specified by the commissioner, an\\napplication to temporarily decertify beds, or to permanently convert\\nbeds under this demonstration. Each such application shall include an\\nestimate of the cost savings to the Medicaid program that would result\\nfrom the proposal within the applicant facility. The commissioner shall\\nbegin soliciting applications within one hundred eighty days of the\\neffective date of this section, provided however that multiple\\nsolicitations for proposals may be issued. In considering such\\napplications, the commissioner shall take into account:\\n (a) the potential for improved quality of care and quality of life for\\nconsumers;\\n (b) the likelihood that the proposal would result in cost savings to\\nthe Medicaid program;\\n (c) residential health care facility capacity and estimated public\\nneed in the planning area in which the applicant is located;\\n (d) the availability of less restrictive and less institutional\\nlong-term care programs and services, as defined in this section, in the\\nplanning area; and\\n (e) the potential for improving the financial viability of the\\napplicant facility or facilities.\\n 4. Any reductions in the number of operational residential health care\\nfacility beds resulting from this demonstration shall not be considered\\nto create additional public need for residential health care facility\\nbeds under this article.\\n 5. (a) Subject to the approval of the commissioner and the director of\\nthe budget, a residential health care facility may temporarily decertify\\nbeds for up to five years. Such beds will remain on the facility's\\nlicense during and after the five-year period. Temporarily decertified\\nbeds may, with the prior approval of the commissioner and the director\\nof the budget be reactivated in whole or in part at any time on or after\\none year after the effective date of temporary decertification by the\\nfacility and may be reactivated with the prior approval of the\\ncommissioner and the director of the budget after the five-year period\\nhas ended. A residential health care facility that reactivates\\ntemporarily decertified beds may not temporarily decertify such beds\\nagain during the demonstration. The commissioner may require the\\nimmediate reactivation of such beds if necessary to respond to emergency\\nsituations and/or facility closures. In the event the commissioner\\nrequires such reactivation, the prohibition on temporarily decertifying\\nbeds after a reactivation of beds shall not apply.\\n (b) Notwithstanding any inconsistent provision of law or regulation to\\nthe contrary, for purposes of determining medical assistance payments by\\ngovernment agencies for residential health care facility services\\nprovided pursuant to title eleven of article five of the social services\\nlaw for facilities that have temporarily decertified beds:\\n (i) the facility's capital cost reimbursement shall be adjusted to\\nappropriately take into account the new bed capacity of the facility;\\n (ii) the facility's peer group assignment for indirect cost\\nreimbursement shall be based on its total certified beds less the number\\nof beds that have been temporarily decertified; and\\n (iii) the facility's vacancy rate shall be calculated on the basis of\\nits total certified beds less the number of beds that have been\\ntemporarily decertified for purposes of determining eligibility for\\npayments for reserved bed days for residents of residential health care\\nfacilities, provided, however, that such payments for reserved bed days\\nfor facilities that have temporarily decertified beds shall be in an\\namount that is fifty percent of the otherwise applicable payment amount\\nfor such beds.\\n 6. (a) Subject to the approval of the commissioner, a residential\\nhealth care facility may permanently convert beds to less restrictive\\nand less institutional long-term care beds, units or slots, including,\\nbut not limited to, assisted living program, adult care facility, adult\\nday health care, long-term home health care program and managed\\nlong-term care demonstration beds, units or slots. For this purpose,\\nresidential health care facility beds may be converted to beds, units or\\nslots in the selected program or service on a one-to-one or other ratio\\nor basis. A residential health care facility that permanently converts\\nbeds under this subdivision relinquishes its license for the converted\\nbeds.\\n (b) If the facility seeks to permanently convert beds and neither the\\nfacility nor its sponsoring organization is licensed to provide the\\nprogram or service, it must obtain the written approval of the public\\nhealth council, if required, pursuant to section twenty-eight hundred\\none-a of this article or article thirty-six of this chapter to initiate\\nthe new program or service.\\n (c) The commissioner may, as necessary, waive existing methodologies\\nfor determining public need under this article, article thirty-six of\\nthis chapter and article seven of the social services law, as well as\\nenrollment limitations under section forty-four hundred three-f of this\\nchapter, to accommodate permanent conversions of beds to other programs\\nor services on the basis that any such increases in capacity are linked\\nto commensurate reductions in the number of residential health care\\nfacility beds.\\n (d) For purposes of adjusting the capital component of residential\\nhealth care facility rates of payment determined pursuant to this\\narticle for facilities that have permanently converted beds, the\\ncommissioner shall appropriately take into account the new bed capacity\\nof the facility.\\n 7. No later than January first, two thousand seven, the commissioner\\nshall provide the governor, the majority leader of the senate and the\\nspeaker of the assembly with a written evaluation of the program. Such\\nevaluation shall address the overall effectiveness of the program in\\nreducing costs, encouraging placements in appropriate long-term care\\nsettings and enhancing the availability of less restrictive and less\\ninstitutional long-term care programs and services, and contain\\nrecommendations relative to extending and/or expanding the program.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2801-F", "title" : "Residential health care facility quality incentive payment program", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2801-F", "activeDate" : "2014-09-22", "sequenceNo" : 987, "repealedDate" : null, "fromSection" : "2801-F", "toSection" : "2801-F", "text" : " § 2801-f. Residential health care facility quality incentive payment\\nprogram. Subject to amounts appropriated for the residential health care\\nfacility quality incentive payment program, the department may make a\\npayment to operators of residential health care facilities, located in\\nsocial services districts which do not include a city with a population\\nof over one million persons, that are in compliance with applicable\\nstatutes and regulations in order to enhance the quality of patient care\\nand patient safety. Provided that prior to receiving quality incentive\\npayment program funds, the facility shall submit an expenditure plan to\\nthe department. Such plan shall detail how the quality incentive payment\\nprogram funds will be used to improve the physical environment of the\\nfacility or the quality of care and services rendered to residents.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2801-G", "title" : "Community forum on hospital closure", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2023-05-12", "2023-06-23", "2023-07-07" ], "docLevelId" : "2801-G", "activeDate" : "2014-09-22", "sequenceNo" : 988, "repealedDate" : null, "fromSection" : "2801-G", "toSection" : "2801-G", "text" : " § 2801-g. Community forum on hospital closure. 1. No later than thirty\\ndays after the closure of a general hospital, the commissioner shall\\nhold a public community forum for the purpose of obtaining public input\\nconcerning the anticipated impact of the general hospital's closure on\\naccess to health care services by members of the surrounding community,\\nincluding but not limited to recipients of medical assistance for needy\\npersons, the uninsured, and underserved populations, and options and\\nproposals to ameliorate such anticipated impact. The commissioner shall\\nafford community members, health care providers, labor unions, payers,\\nbusinesses and consumers a reasonable opportunity to speak about\\nrelevant matters at such community forum.\\n 2. No later than sixty days after holding a community forum pursuant\\nto subdivision one of this section, the commissioner shall make\\navailable to the public on the department's website information\\nregarding:\\n (a) the anticipated impact of the general hospital's closure on access\\nto health care services by members of the surrounding community,\\nincluding but not limited to recipients of medical assistance for needy\\npersons, the uninsured, and underserved populations;\\n (b) specific measures the department and other parties have taken or\\nwill take to ameliorate such anticipated impact; and\\n (c) any further recommendations regarding access to health care\\nservices in communities impacted by the general hospital's closure.\\n 3. A community forum conducted pursuant to this section shall be held\\nat a location within a reasonable proximity to the general hospital\\nsubject to closure, and shall be announced no less than ten days prior\\nto the date of such community forum.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2802", "title" : "Approval of construction", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2016-04-22" ], "docLevelId" : "2802", "activeDate" : "2016-04-22", "sequenceNo" : 989, "repealedDate" : null, "fromSection" : "2802", "toSection" : "2802", "text" : " § 2802. Approval of construction. The construction of a hospital,\\nwhether public or private, incorporated or not incorporated, shall\\nrequire the prior approval of the commissioner.\\n 1. An application for such construction shall be filed with the\\ndepartment, together with such other forms and information as shall be\\nprescribed by, or acceptable to, the department. Thereafter the\\ndepartment shall forward a copy of the application and accompanying\\ndocuments to the public health and health planning council and the\\nhealth systems agency, if any, having geographical jurisdiction of the\\narea where the hospital is located.\\n 1-a. The following types of construction projects by a hospital\\npossessing a valid operating certificate shall not require prior\\napproval pursuant to this section, provided that a written notice has\\nbeen submitted to the department together with, where appropriate, a\\nwritten architect and/or engineering certification that the project\\nmeets the applicable statutes, codes and regulations specified in the\\ncertification statement and, where required by the department, the\\nhospital shall implement a plan to protect patient safety during\\nconstruction:\\n (a) correction of cited deficiencies, provided that the construction\\nis limited to the correction of the deficiencies and is authorized by a\\nplan of correction approved by the department;\\n (b) repair or maintenance, regardless of cost, including routine\\npurchases and the acquisition of minor equipment undertaken in the\\ncourse of a hospital's inventory control functions; provided that for\\nprojects under this paragraph with a total cost of up to six million\\ndollars, no written notice shall be required;\\n (c) non-clinical infrastructure projects regardless of cost including,\\nbut not limited to, replacement of heating, ventilating and air\\nconditioning systems, roofs, fire alarm and call bell systems, parking\\nlots and elevators;\\n (d) one for one equipment replacements regardless of cost, including\\nreplacement of equipment with another piece of equipment used for\\nsimilar purposes but employing current technology; and\\n (e) other projects as specified in regulations adopted by the council\\nand approved by the commissioner.\\n 1-b. The commissioner is authorized to waive any requirement for\\npre-opening certifications and/or surveys for construction projects\\napproved in accordance with this section.\\n 2. The commissioner shall not act upon an application for construction\\nof a hospital until the public health and health planning council and\\nthe health systems agency have had a reasonable time to submit their\\nrecommendations, and unless (a) the applicant has obtained all approvals\\nand consents required by law for its incorporation or establishment\\n(including the approval of the public health and health planning council\\npursuant to the provisions of this article) provided, however, that the\\ncommissioner may act upon an application for construction by an\\napplicant possessing a valid operating certificate when the application\\nqualifies for review without the recommendation of the council pursuant\\nto regulations adopted by the council and approved by the commissioner,\\nor as otherwise authorized by this section; and (b) the commissioner is\\nsatisfied as to the public need for the construction, at the time and\\nplace and under the circumstances proposed, provided however that, in\\nthe case of an application by a hospital established or operated by an\\norganization defined in subdivision one of section four hundred\\neighty-two-b of the social services law, the needs of the members of the\\nreligious denomination concerned, for care or treatment in accordance\\nwith their religious or ethical convictions, shall be deemed to be\\npublic need.\\n 2-a. The council shall afford the applicant an opportunity to present\\ninformation in person concerning an application to a committee\\ndesignated by the council.\\n 2-b. Beginning on January first, nineteen hundred ninety-four, and\\neach year thereafter, a complete application received between January\\nfirst and June thirtieth of each year shall be reviewed by the\\nappropriate health systems agency and the department and presented to\\nthe public health and health planning council for its consideration\\nprior to June thirtieth of the following year and a complete application\\nreceived between July first and December thirty-first of each year shall\\nbe reviewed by the appropriate health systems agency and the department\\nand presented to the public health and health planning council for\\nconsideration prior to December thirty-first of the following year.\\n 2-c. An application for the relocation of long-term ventilator beds\\nfrom one residential health care facility to another residential health\\ncare facility with common ownership shall be subject, as determined by\\nthe commissioner, to either an administrative or limited review by the\\ndepartment. Common ownership shall be found when the ownership or\\ncontrolling interest in the operator of each residential health care\\nfacility is the same, provided the percentage of ownership interest of\\neach owner may vary between the two facilities but must meet the whole\\nin common ownership. For purposes of this subdivision, the commissioner,\\nwhen making a determination of public need, may consider access to\\nlong-term ventilator beds in the affected portions of the health systems\\nregion, and the quality of care provided at the facilities with common\\nownership. At no time shall an application submitted pursuant to this\\nsubdivision result in a change in the total combined number of long-term\\nventilator and residential health care facility beds, including\\nresidential health care facility beds converted from transferred\\nlong-term ventilator beds, operated by the two facilities with common\\nownership.\\n 3. Subject to the provisions of paragraph (b) of subdivision two, the\\ncommissioner in approving the construction of a hospital shall take into\\nconsideration and be empowered to request information and advice as to\\n(a) the availability of facilities or services such as preadmission,\\nambulatory or home care services which may serve as alternatives or\\nsubstitutes for the whole or any part of the proposed hospital\\nconstruction;\\n (b) the need for special equipment in view of existing utilization of\\ncomparable equipment at the time and place and under the circumstances\\nproposed;\\n (c) the possible economies and improvements in service to be\\nanticipated from the operation of joint central services including, but\\nnot limited to laboratory, research, radiology, pharmacy, laundry and\\npurchasing;\\n (d) the adequacy of financial resources and sources of future revenue;\\nand\\n (e) whether the facility is currently in substantial compliance with\\nall applicable codes, rules and regulations, provided, however, that the\\ncommissioner shall not disapprove an application solely on the basis\\nthat the facility is not currently in substantial compliance, if the\\napplication is specifically:\\n (i) to correct life safety code or patient care deficiencies;\\n (ii) to correct deficiencies which are necessary to protect the life,\\nhealth, safety and welfare of facility patients, residents or staff;\\n (iii) for replacement of equipment that no longer meets the generally\\naccepted operational standards existing for such equipment at the time\\nit was acquired; and\\n (iv) for decertification of beds and services.\\n 3-a. Review of applications from hospitals in epidemic areas and\\nhospitals serving state correctional facilities to renovate or provide\\nfor capital improvement for the purpose of controlling the spread of\\ntuberculosis infection may be approved by the commissioner, who to the\\nextent practicable may, but shall not be required to, consider the\\nrecommendations of the health systems agency and the public health and\\nhealth planning council for applications for which he grants approval.\\nIn such cases the commissioner shall take further measures necessary to\\nexpedite departmental reviews for such approval.\\n 3-b. Review of applications from rural hospitals seeking approval in\\nthe swing bed program, authorized pursuant to section twenty-eight\\nhundred three of this article, may be approved by the commissioner who,\\nto the extent practicable, may consider the recommendations of the\\nrespective health systems agency. In such cases, the commissioner shall\\ntake further measures necessary to expedite departmental reviews for\\nsuch approval.\\n 3-c. An application shall state the proposed site or location of the\\nproposed construction. Where the applicant changes the site or location\\nafter approval of the application, the commissioner may, subject to\\nregulations under this article, approve the change upon a finding that\\nthe change is in the best interest of the service area. In making such\\ndetermination, the commissioner may seek a review of the proposed change\\nby the public health and health planning council and the health systems\\nagency having geographical jurisdiction.\\n 4. No government agency shall construct any hospital without securing\\nthe written approval of the commissioner in accordance with the\\napplicable requirements and procedures of the preceding subdivisions.\\n 5. If the commissioner proposes to disapprove an application for\\nconstruction of a hospital, he shall afford the applicant an opportunity\\nto request a public hearing. The commissioner shall not take any action\\ncontrary to the advice of the health systems agency until he affords an\\nopportunity to the agency to request a public hearing and, if so\\nrequested, a public hearing shall be held.\\n 6. The commissioner, on his own motion, may hold a public hearing on\\nan application for construction of a hospital.\\n 7. (a) The commissioner shall charge to applicants for construction of\\nhospitals the following fees and charges for administrative services so\\nas to recover departmental costs in performing these functions. Each\\napplicant for construction of a hospital shall pay to the department an\\napplication fee of two thousand dollars, provided, however, that\\ndiagnostic and treatment centers designated by the commissioner as\\nsafety net diagnostic and treatment centers, as defined in paragraph (c)\\nof subdivision sixteen of section twenty-eight hundred one-a of this\\narticle, shall pay a fee of one thousand two hundred fifty dollars.\\n (b) At such time as the commissioner's written approval of the\\nconstruction is granted, each applicant shall pay the following\\nadditional fee:\\n (i) for hospital, nursing home and diagnostic and treatment center\\napplications that require approval by the council, the additional fee\\nshall be fifty-five hundredths of one percent of the total capital value\\nof the application, provided however that applications for construction\\nof a safety net diagnostic and treatment center, as defined in paragraph\\n(c) of subdivision sixteen of section twenty-eight hundred one-a of this\\narticle, shall be subject to a fee of forty-five hundredths of one\\npercent of the total capital value of the application; and\\n (ii) for hospital, nursing home and diagnostic and treatment center\\napplications that do not require approval by the council, the additional\\nfee shall be thirty hundredths of one percent of the total capital value\\nof the application, provided however that safety net diagnostic and\\ntreatment center applications, as defined in paragraph (c) of\\nsubdivision sixteen of section twenty-eight hundred one-a of this\\narticle, shall be subject to a fee of twenty-five hundredths of one\\npercent of the total capital value of the application.\\n (c) The commissioner is authorized to establish reduced fees for\\napplications subject to limited review, as described in regulation, that\\ndo not require review by the council.\\n (d) The fees and charges paid by an applicant pursuant to this\\nsubdivision for any application for construction of a hospital approved\\nin accordance with this section shall be deemed allowable capital costs\\nin the determination of reimbursement rates established pursuant to this\\narticle. The cost of such fees and charges shall not be subject to\\nreimbursement ceiling or other penalties used by the commissioner for\\nthe purpose of establishing reimbursement rates pursuant to this\\narticle. All fees pursuant to this section shall be payable to the\\ndepartment of health for deposit into the special revenue funds - other,\\nmiscellaneous special revenue fund - 339, certificate of need account.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2802-A", "title" : "Transitional care unit demonstration program", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2802-A", "activeDate" : "2014-09-22", "sequenceNo" : 990, "repealedDate" : null, "fromSection" : "2802-A", "toSection" : "2802-A", "text" : " § 2802-a. Transitional care unit demonstration program. 1.\\nNotwithstanding any other provision of law to the contrary, the\\ncommissioner is authorized to approve up to eighteen general hospitals\\nwithin the state to operate transitional care units by and within such\\ngeneral hospitals. For purposes of this section, \"transitional care\"\\nshall mean sub acute care services provided to patients of a general\\nhospital who no longer require acute care general hospital inpatient\\nservices, but continue to need specialized medical, nursing and other\\nhospital ancillary services and are not yet appropriate for discharge.\\n 2. In order to receive approval from the commissioner to operate a\\ntransitional care unit and to provide transitional care services, a\\ngeneral hospital shall file an application on forms prescribed by or\\nacceptable to the commissioner.\\n (a) The commissioner shall act upon such applications in a manner\\nconsistent with section twenty-eight hundred two of this article\\nprovided that the commissioner may not waive review and recommendation\\nby the public health and health planning council. In the public health\\nand health planning council's evaluation of applications and the\\ncommissioner acting upon such applications, priority shall be given to\\napplicants who have a memorandum of understanding or other cooperative\\nagreement with one or more skilled nursing facilities located within\\ntheir service area. Further, in the public health and health planning\\ncouncil evaluating applications and the commissioner acting upon such\\napplications, consideration shall also be given to the geographic\\ndistribution of applicants throughout the state, so that applications\\nmay be approved from the various geographic regions of the state.\\n (b) The care provided in a transitional care unit shall be limited in\\nduration and designed to resolve a patient's sub acute care medical\\nproblems and result in the timely and appropriate discharge of such a\\npatient to a home, residential health care facility or other appropriate\\nsetting.\\n (c) In order to be approved to operate a transitional care unit and to\\nprovide transitional care services, an applicant must comply with and\\nmeet all applicable requirements of and conditions of participation\\nunder title XVIII of the federal Social Security Act (Medicare).\\n 3. The commissioner shall report to the governor and the legislature\\nconcerning the implementation of this section and the operation of\\ntransitional care units within three years after the effective date of\\nthis section.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2803", "title" : "Commissioner and council; powers and duties", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2016-08-19", "2016-11-11", "2016-12-02", "2016-12-09", "2017-02-17", "2017-03-31", "2020-06-19", "2021-08-06", "2021-10-08", "2021-12-31", "2022-01-07", "2022-03-04", "2022-04-01", "2022-07-01", "2022-11-25", "2022-12-09", "2023-01-06", "2023-02-10", "2023-03-10", "2023-12-29", "2024-02-09", "2024-06-21" ], "docLevelId" : "2803", "activeDate" : "2017-03-31", "sequenceNo" : 991, "repealedDate" : null, "fromSection" : "2803", "toSection" : "2803", "text" : " § 2803. Commissioner and council; powers and duties. 1. (a) The\\ncommissioner shall have the power to inquire into the operation of\\nhospitals and to conduct periodic inspections of facilities with respect\\nto the fitness and adequacy of the premises, equipment, personnel, rules\\nand by-laws, standards of medical care, hospital service, including\\nhealth-related service, system of accounts, records, and the adequacy of\\nfinancial resources and sources of future revenues. The commissioner or\\npersons designated by him shall conduct at least one unannounced\\ncomprehensive inspection of each residential health care facility not\\nlater than fifteen months after the previous such inspection to\\ndetermine the adequacy of care being rendered. Such comprehensive\\ninspection shall include, but not be limited to, a survey to determine\\ncompliance by the facility with applicable statutes and regulations, and\\nobservation of a representative sample of all patients or residents and\\ntheir medical records to determine the quality and adequacy of the care\\nand treatment provided. Additional visits shall be made to facilities as\\nneeded to determine whether violations or deficiencies have been\\ncorrected, to investigate any report made pursuant to section\\ntwenty-eight hundred three-d of this article or any other complaint, and\\nfor any other purpose deemed necessary and appropriate by the\\ncommissioner. Any employee of the department who gives or causes to be\\ngiven advance notice of such unannounced inspection to any unauthorized\\nperson shall, in addition to any other penalty provided by law, be\\nsuspended by the commissioner from all duties without pay for at least\\nfive days or for such greater period of time as the commissioner shall\\ndetermine. Any such suspension shall be made by the commissioner in\\naccordance with all other applicable provisions of law.\\n (b) The purpose of such inspection shall be to determine compliance by\\nresidential health care facilities with statutes, and with regulations\\npromulgated under the provisions of those statutes, governing minimum\\nstandards of construction, quality and adequacy of care, rights of\\npatients, rates of payment and reimbursement. At least one such\\ninspection every fifteen months shall include, but shall not be limited\\nto, full on-site examination of the medical, nursing care, dietary and\\nsocial services records of the facility.\\n (c) The commissioner shall establish, in consultation with the state\\noffice for the aging, a consumer information system for residential\\nhealth care facilities with respect to their compliance with the\\nstandards set forth in this section designed to provide accurate and\\ncomprehensible information to consumers on the quality of facilities\\nwhich shall incorporate a summary of the findings and results of the\\ninspections conducted pursuant to the provisions of this section. Such\\nsummary of results and findings shall include, but need not be limited\\nto, a listing of areas in which items were found at the time of such\\ninspections to be not in compliance with such standards and the nature\\nof such non-compliance. Each residential health care facility shall be\\nissued a summary of the findings of inspections of such facility\\nconducted since the issuance of the previous summary of findings, which\\nshall be posted conspicuously within such facility, and any other\\ninformation relating to the facility available through the consumer\\ninformation system. The commissioner shall promulgate rules and\\nregulations necessary to implement the provisions of this paragraph. A\\nfacility may appeal the accuracy of a summary findings to the\\ncommissioner within twenty days after receipt of such summary. The\\nresults and findings of any prior inspections, and any penalties thereby\\nassessed, which have not been previously appealed and overruled, shall\\nnot be subject to review.\\n (d) (i) Notwithstanding any inconsistent provision of law, the\\ncommissioner or his designee shall determine the necessity and\\nappropriateness of care and services provided by hospitals to patients\\neligible for medical assistance pursuant to title eleven of article five\\nof the social services law and shall further determine whether a general\\nhospital has taken an action that results in the admission of patients\\nunnecessarily, unnecessary multiple admissions of the same patients,\\ninappropriate discharge of patients, inappropriate transfer of patients\\nbetween hospitals or between distinct units of a hospital, inappropriate\\ndiagnosis-related group coding, or other inappropriate medical or other\\npractices with respect to hospitalized inpatients eligible for medical\\nassistance pursuant to title eleven of article five of the social\\nservices law. In making such determinations the commissioner may utilize\\nthe services of department personnel or other authorized\\nrepresentatives. The hospitals shall provide such information,\\nfacilities and services as may be required by the commissioner to make\\nsuch determinations. The commissioner, in implementing this paragraph,\\nshall adopt necessary rules and regulations including but not limited to\\nthose for determining the necessity or appropriate level of admission,\\ncontrolling the length of stay, the provision of surgery and other\\nservices, and the methods and procedures for making such determinations.\\n (ii) In the event the commissioner or his designee makes a\\ndetermination pursuant to this paragraph that a general hospital or\\nphysician has taken an inappropriate action resulting in a denial or\\nadjustment of payment determined in accordance with section twenty-eight\\nhundred seven-c of this article, the general hospital or physician which\\nis the subject of such determination shall be entitled to a review\\nbefore the commissioner or an appeal agent designated for such purposes\\nby the commissioner at which such hospital or physician may challenge\\nsuch determination. In order to be entitled to such review, such\\nhospital or physician must provide the commissioner or his designee, as\\nappropriate, with a written request for such review within thirty days\\nof receipt of the written determination. During such review, the\\nhospital or physician may present documentation or evidence in support\\nof its challenge to the determination, and representatives of the\\ncommissioner or his designee may present documentation or evidence in\\nsupport of the determination. In the event that the determination is\\nsustained, the hospital or physician may seek judicial review of the\\ndecision pursuant to article seventy-eight of the civil practice law and\\nrules.\\n (iii) The commissioner shall certify to the social services officials\\nresponsible for making payments for authorized hospital services that\\nspecified items of care and services for specified individuals eligible\\nfor medical assistance pursuant to title eleven of article five of the\\nsocial services law are inappropriate or unnecessary and are not\\nauthorized for payment or are authorized for payment at the appropriate\\nlevel of care under the medical assistance program and, for general\\nhospitals, for rate periods beginning on or after January first,\\nnineteen hundred eighty-eight through March thirty-first, nineteen\\nhundred ninety-seven, at the appropriate case based rate of payment\\ndetermined pursuant to section twenty-eight hundred seven-c of this\\narticle.\\n (e) Notwithstanding any inconsistent provision of law, the\\ncommissioner or his designee shall, not later than July first, nineteen\\nhundred seventy-six, determine on an individual patient basis whether\\nidentifiable periods of in-patient care in a general hospital are\\nrequired beyond the maximum length of stay established pursuant to\\nsection three hundred sixty-five-a of the social services law, and\\nwhether deferral of surgical procedures specified by such commissioner\\nin accordance with paragraph (c) of subdivision five of such section may\\njeopardize life or essential function, or cause severe pain. In making\\nsuch determinations the commissioner may utilize the services of\\ndepartment personnel or other authorized representatives. The hospitals\\nshall provide such information, facilities and services as may be\\nrequired by the commissioner to make such determinations. The\\ncommissioner, in implementing this paragraph, shall adopt necessary\\nrules and regulations including but not limited to the methods and\\nprocedures for making such determinations and the utilization of any\\ndepartment staff or other authorized representatives located at such\\nhospital in performing other functions relating to assuring that public\\nfunds for medical assistance are utilized exclusively to provide items\\nof care and services in amount, duration and scope specifically\\nauthorized under the medical assistance program. The commissioner shall\\ncertify to the social services officials responsible for making payments\\nfor authorized hospital services that specified items of care and\\nservices for specified individuals are not authorized for payment under\\nthe medical assistance program.\\n (f) Notwithstanding any inconsistent provision of law, the\\ncommissioner shall establish standards for determining the necessity of\\ncare and service for alcoholism and alcohol abuse provided by hospitals.\\nIn implementing this paragraph the commissioner, in consultation with\\nthe director of the division of alcoholism and alcohol abuse, shall\\nadopt necessary rules and regulations including but not limited to those\\nfor determining the necessity or appropriate level of admission,\\ncontrolling the length of stay, the provision of services and\\nestablishing the methods and procedures for making such determinations.\\n (g) The commissioner shall require that every general hospital adopt\\nand make public an identical statement of the rights and\\nresponsibilities of patients, including a patient complaint and quality\\nof care review process, a right to an appropriate patient discharge plan\\nand for patients other than beneficiaries of title XVIII of the federal\\nsocial security act (medicare) a right to a discharge review in\\naccordance with section twenty-eight hundred three-i of this article.\\nThe form and content of such statement shall be determined in accordance\\nwith rules and regulations adopted by the council and approved by the\\ncommissioner. A patient who requires continuing health care services in\\naccordance with such patient's discharge plan may not be discharged\\nuntil such services are secured or determined by the hospital to be\\nreasonably available to the patient. Each general hospital shall give a\\ncopy of the statement to each patient, or the appointed personal\\nrepresentative of the patient at or prior to the time of admission to\\nthe general hospital, as long as the patient or the appointed personal\\nrepresentative of the patient receives such notice no earlier than\\nfourteen days before admission. Such statement shall also be\\nconspicuously posted by the hospital and shall be a part of the\\npatient's admission package. Nothing herein contained shall be construed\\nto limit any authority vested in the commissioner pursuant to this\\narticle related to the operation of hospitals and care and services\\nprovided to patients.\\n * (h) Every hospital providing treatment to alleged victims of family\\noffenses as defined in article eight of the family court act and section\\n530.11 of the criminal procedure law shall be responsible for providing\\na copy of a notice to victims of family offenses as described in section\\neight hundred twelve of the family court act and subdivision six of\\nsection 530.11 of the criminal procedure law. The commissioner shall\\npromulgate such rules and regulations as may be necessary and proper to\\ncarry out effectively the provisions of this paragraph.\\n * NB There are 2 (h)'s\\n * (h) The statement regarding patient rights and responsibilities\\nwhich the commissioner shall approve as provided under paragraph (g) of\\nthis subdivision shall include a provision stating that every patient\\nshall have the right to authorize those family members and other adults\\nwho will be given priority to visit consistent with the patient's\\nability to receive visitors.\\n * NB There are 2 (h)'s\\n (i) The statement regarding patient rights and responsibilities,\\nrequired pursuant to paragraph (g) of this subdivision, shall include\\nprovisions informing the patient of his or her right to make organ,\\ntissue or whole body donations, and the means by which the patient may\\nmake such a donation. The commissioner shall promulgate any rules and\\nregulations necessary to implement the provisions of this paragraph.\\n * (j) As used with regard to applicable regulations issued by the\\ndepartment implementing the statement regarding patient rights and\\nresponsibilities required pursuant to paragraph (g) of this subdivision,\\nthe term \"itemized bill\" shall, for all periods on and after January\\nfirst, two thousand eleven, be defined as reflecting a charges schedule\\ndeveloped by each hospital for all ancillary patient services, which\\nschedule shall set forth separate charges for each ancillary service\\nprovided.\\n * NB There are 2 (j)'s\\n * (j) The commissioner shall require that the statement regarding\\npatient rights and responsibilities, described in paragraph (g) of this\\nsubdivision, shall include a provision informing the patient of his or\\nher right to not be discriminated against on account of age.\\n * NB There are 2 (j)'s\\n (k) The statement regarding patient rights and responsibilities,\\nrequired pursuant to paragraph (g) of this subdivision, shall include\\nprovisions informing the patient of his or her right to choose to submit\\nsurprise bills or bills for emergency services to the independent\\ndispute process established in article six of the financial services\\nlaw, and informing the patient of his or her right to view a list of the\\nhospital's standard charges and the health plans the hospital\\nparticipates with consistent with section twenty-four of this chapter.\\n (l) The statement regarding patient rights and responsibilities,\\nrequired pursuant to paragraph (g) of this subdivision, shall include\\nprovisions informing the patient of his or her right to choose to\\nidentify a caregiver pursuant to article twenty-nine-cccc of this\\nchapter.\\n 2. (a) The council, by a majority vote of its members, shall adopt and\\namend rules and regulations, subject to the approval of the\\ncommissioner, to effectuate the provisions and purposes of this article,\\nincluding, but not limited to:\\n (i) the establishment of requirements for a uniform statewide system\\nof reports and audits relating to the quality of medical and physical\\ncare provided, hospital utilization, and costs in accordance with\\nsection twenty-eight hundred three-b of this article,\\n (ii) establishment by the department of schedules of rates, payments,\\nreimbursements, grants and other charges for hospital and health-related\\nservices as provided in sections twenty-eight hundred seven,\\ntwenty-eight hundred seven-a, twenty-eight hundred seven-c and\\ntwenty-eight hundred eight of this article. The schedules established\\nshall be reasonable and adequate to meet the costs which must be\\nincurred by efficiently and economically operated facilities. In\\nadopting regulations related to the computation of general hospital\\ninpatient payments, the council shall take into consideration the\\nelements of cost, geographical differentials in the elements of cost\\nconsidered, economic factors in the area in which the hospital is\\nlocated, costs of hospitals of comparable size, and the need for\\nincentives to improve services and institute economies. The council\\nshall exclude from consideration in the regulations adopted nonallowable\\ncosts such as the costs for research and those parts of the costs for\\neducational salaries which the council determines to be not directly\\nrelated to hospital service,\\n (iii) the identification of appropriate and reasonable standards for\\nthe development of acceptable collection procedures used by general\\nhospitals in an effort to collect unpaid bills prior to the\\ndetermination that the unpaid bill is a bad debt eligible for\\nreimbursement consideration pursuant to paragraphs (e) and (f) of\\nsubdivision eight of section twenty-eight hundred seven-a or paragraph\\n(b) of subdivision fourteen of section twenty-eight hundred seven-c and\\ntwenty-eight hundred seven-k of this article,\\n (iv) subject to the provisions of paragraph (e) of subdivision eleven\\nof section twenty-eight hundred seven-a of this article or subdivision\\nnine of section twenty-eight hundred seven-c of this article, the\\nestablishment of guidelines regarding the time to resolve appeals\\nsubmitted by general hospitals. The council may consider different\\nperiods depending upon whether the basis for the appeal is related to a\\ngeneral hospital's existing costs or anticipated future costs,\\n (v) standards and procedures relating to hospital operating\\ncertificates, provided however, that the council shall establish minimum\\nacceptable standards and procedures equal to the standards and\\nprocedures which federal law and regulation require for hospitals to\\nqualify as providers pursuant to titles XVIII and XIX of the federal\\nsocial security act. The existing state standards and procedures in\\neffect on the date that this subdivision becomes effective shall be\\ndeemed to constitute maximum standards and procedures for purposes of\\nlimiting medical assistance reimbursement pursuant to the social\\nservices law. Such standards and procedures may thereafter be changed or\\nadded to by the council only upon the recommendation of the\\ncommissioner. For the purposes of ensuring that the health and safety of\\nthe residents of hospitals are not endangered, the council may\\npromulgate changes in the minimum acceptable standards and procedures\\nreferred to herein upon recommendation of the commissioner, and\\n (vi) the establishment of a system of accounts and cost findings to be\\nused by hospitals, including a classification of such hospitals and the\\nprescription of a system of accounts and cost finding for each class in\\naccordance with sections twenty-eight hundred three-b and twenty-eight\\nhundred five-a of this article.\\n (b) The commissioner may propose rules and regulations and amendments\\nthereto for consideration by the council.\\n 3. The commissioner may enter into contracts with any political\\nsubdivision, voluntary non-profit agency or health systems agency and\\nsuch entities are authorized to enter into contracts with the\\ncommissioner to effectuate the purposes of this article, however,\\ncontracts with voluntary non-profit agencies may not provide for payment\\nfor general hospital out-patient and emergency services or for treatment\\nor diagnostic center services unless the commissioner is satisfied that\\nthe costs incurred for such services are approvable pursuant to the\\nprovisions of section twenty-eight hundred seven of this article.\\n 4. At the request of the commissioner, hospitals shall furnish to the\\ndepartment such reports and information as it may require to effectuate\\nthe provisions of this article.\\n 5. The commissioner may institute or cause to be instituted in a court\\nof competent jurisdiction proceedings to compel compliance with the\\nprovisions of this article or the determinations, rules, regulations and\\norders of the commissioner or the council.\\n 6. The council, by a majority vote of its members and subject to the\\napproval of the commissioner, shall adopt rules and regulations to\\nestablish (a) a system of penalties of up to one thousand dollars per\\nday for continuing violations of rules and regulations promulgated\\npursuant to article twenty-eight of this chapter and pertaining to\\npatient care by residential health care facilities, specifying the\\nviolations and the amount of the penalty to be assessed in connection\\nwith each such violation, and (b) a system by which the rate of payment\\napproved for a residential health care facility pursuant to section\\ntwenty-eight hundred seven of this chapter and certified to the\\ndepartment of social services for purposes of reimbursement in the\\nmedical assistance program, is reduced in sufficient amount to collect\\nsuch penalties. Any reduction of rate to collect penalties shall be\\nlimited to five percent of the otherwise established per diem rate or\\nthat portion of the per diem rate which represents the owner's return on\\nequity, as defined by regulation, whichever is less.\\n 7. The commissioner shall have the power to assess penalties in\\naccordance with the system of penalties adopted pursuant to subdivision\\nsix of this section and pursuant to a hearing conducted in accordance\\nwith section twelve-a of this chapter. No penalty shall be assessed\\npursuant to subdivision six of this section unless the facility has\\nreceived at least thirty days written notice of the existence of the\\nviolation, the amount of the penalty for which it may become liable and\\nthe steps which must be taken to rectify the violation. If the facility\\nfails to rectify the violation within said thirty day period, it shall\\nthereafter be liable for such penalty. Any such penalties shall be\\nsubject to release and compromise by the commissioner in the same manner\\nas a penalty provided by subdivision one of section twelve of this\\nchapter. Any penalty assessed pursuant to subdivision six of this\\nsection shall be subject to recovery in the same manner as a penalty\\nprovided by subdivision one of section twelve of this chapter or\\npursuant to the system for reduction of the rate of payment to the\\nfacility adopted pursuant to clause (b) of subdivision six of this\\nsection. Any such penalty assessed pursuant to subdivision six of this\\nsection shall be additional and cumulative to all other penalties or\\nremedies existing for violations of rules and regulations promulgated\\npursuant to article twenty-eight of this chapter. The provisions of this\\nsubdivision shall not be applicable to nor limit any power to assess\\npenalties pursuant to section twelve of this chapter; provided, however,\\nthat if a penalty is assessed for a violation pursuant to this\\nsubdivision, no penalty shall be assessed for such violation pursuant to\\nsection twelve of this chapter, and if a penalty is assessed for a\\nviolation pursuant to section twelve of this chapter, no penalty shall\\nbe assessed for such violation pursuant to this subdivision.\\n 8. (a) Notwithstanding any inconsistent provision of law, the\\ncommissioner shall establish procedures to be followed by hospitals for\\nnotification to mothers and reporting under section three hundred\\nsixty-six-g of the social services law.\\n (b) Notwithstanding any inconsistent provision of section twelve of\\nthis chapter or any other law, the commissioner may impose a civil\\npenalty of up to three thousand five hundred dollars for each violation\\nof the requirements of subdivision one of section three hundred\\nsixty-six-g of the social services law or the rules and regulations\\npromulgated pursuant to such section, pertaining to reporting to the\\ndepartment, or such other entity designated by the department, of each\\nlive birth to a woman receiving medical assistance. Any such civil\\npenalties shall be assessed subject to the applicable provisions of\\nsections twelve and twelve-a of this chapter.\\n 8-a. Notwithstanding any inconsistent provision of law to the\\ncontrary, the commissioner shall develop a program to facilitate the use\\nof a triage system of care in emergency rooms of hospitals that are\\nsubject to the provisions of this article. In developing such program\\nthe commissioner shall consider the manner in which such a system would\\nbe coordinated, how such a system would provide greater efficiency,\\nprovide cost savings to public health programs and a higher quality of\\ncare. Within one year from the enactment of such program, the\\ncommissioner shall submit a report to the temporary president of the\\nsenate and the speaker of the assembly regarding: the impact of such a\\nsystem on the cost of Medicaid covered services in the hospital setting;\\nquality of care in facilities; along with any other data as may be\\nappropriate.\\n 9. (a) General hospitals shall, no later than April first, two\\nthousand, submit to the commissioner a plan for compliance with part\\nfour hundred five of the official compilation of codes, rules and\\nregulations of the state of New York regarding the working conditions of\\nand limits on working hours for certain members of a hospital's medical\\nstaff and postgraduate trainees in such form and manner as specified by\\nthe commissioner.\\n (b) The commissioner shall audit each hospital for compliance with its\\nplan and the applicable regulation on an annual basis. Based upon an\\ninitial written audit finding of noncompliance the commissioner shall\\nassess a civil penalty of six thousand dollars for each instance of\\nnoncompliance identified in such initial audit.\\n (c) Within thirty days after the hospital's receipt of written notice\\nof noncompliance the hospital shall submit a plan of correction in such\\nform and manner as specified by the commissioner for achieving\\ncompliance with its plan and with the applicable regulations. The\\ncommissioner shall audit each such hospital for compliance with its plan\\nand the applicable regulations within a reasonable time after submission\\nof such plan of correction. Upon a written finding by the commissioner\\nwithin one hundred eighty days of the initial audit finding of\\nnoncompliance that the hospital has failed to substantially adhere to\\nits plan of correction the commissioner shall assess the hospital a\\ncivil penalty of twenty-five thousand dollars. Upon a further subsequent\\nwritten finding by the commissioner within one hundred eighty days of\\nthe initial audit finding of noncompliance that the hospital has failed\\nto substantially adhere to its plan of correction the commissioner shall\\nassess the hospital a civil penalty of fifty thousand dollars. Upon each\\nand every subsequent written finding by the commissioner within three\\nhundred sixty days of the initial audit finding of noncompliance that\\nthe hospital has failed to substantially adhere to its plan of\\ncorrection the commissioner shall assess the hospital a civil penalty of\\nfifty thousand dollars.\\n (d) The penalties assessed pursuant to paragraph (c) of this\\nsubdivision shall be subject to the provisions of section twelve-a of\\nthis chapter.\\n (e) Hospitals shall submit to the commissioner any data necessary to\\nperform audits pursuant to this subdivision. Any hospital which fails to\\nproduce data or documentation requested in furtherance of such audit\\nwithin thirty days of such request may be assessed by the commissioner a\\ncivil penalty of ten thousand dollars.\\n 10. (a) All civil penalties assessed and collected pursuant to section\\ntwelve of this chapter for violations of this article and regulations\\npromulgated thereunder related to the operation of residential health\\ncare facilities, and all civil monetary penalties related to the\\noperation of nursing facilities received from the federal government in\\naccordance with subdivision (h) of section nineteen hundred nineteen of\\nthe federal social security act, shall be deposited by the commissioner\\nand credited to the quality of care improvement account which shall be\\nestablished by the comptroller in the special revenue fund-other. To the\\nextent of funds appropriated therefor, funds shall be made available to\\nthe department for expenditures related to the protection of the health\\nor property of residents of residential health care facilities that are\\nfound to be deficient.\\n (b) Any funds available pursuant to paragraph (a) of this subdivision,\\nnot used for the purposes of paragraph (a) of this subdivision, shall be\\nused, at the commissioner's discretion, to support activities and\\ninitiatives intended to improve resident quality of care at residential\\nhealth care facilities found to be deficient, as well as for such other\\npurposes as are described in this paragraph. Such activities may\\ninclude, but are not limited to, relocation of residents to other\\nfacilities and the maintenance and operation of a facility pending\\ncorrection of deficiencies or closure. The commissioner may also make\\ngrants to residential health care facilities that support facilities'\\nactivities and initiatives intended to improve residential quality of\\ncare pursuant to a request for proposals process.\\n * 11. The commissioner shall make regulations relating to midwifery\\nbirth centers, including relating to establishment, construction, and\\noperation, considering the standards of state and national professional\\nassociations of midwifery birth centers, in consultation with\\nrepresentatives of midwives, midwifery birth centers, and general\\nhospitals providing obstetric services.\\n * NB There are 2 sb 11's\\n * 11. Notwithstanding any provision of this article, or any rule or\\nregulation under this article to the contrary, the commissioner shall\\nallow outpatient clinics of general hospitals and diagnostic and\\ntreatment centers to provide off-site primary care services that are:\\n (a) primary care services ordinarily provided to patients on-site at\\nthe outpatient clinic or diagnostic and treatment center and are not\\nhome care services defined in subdivision one of section thirty-six\\nhundred two of this chapter or the professional services enumerated in\\nsubdivision two of such section;\\n (b) provided by a primary care professional to a patient with a\\npre-existing clinical relationship with the outpatient clinic or\\ndiagnosis and treatment center, or with the health care professional\\nproviding the service; and\\n (c) provided to a patient who is unable to leave his or her residence\\nto receive services at the outpatient clinic or diagnostic and treatment\\ncenter without unreasonable difficulty due to circumstances, including\\nbut not limited to, clinical impairment.\\n Nothing in this subdivision shall preclude a federally qualified\\nhealth center from providing off-site services in accordance with\\ndepartment regulations.\\n * NB There are 2 sb 11's\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2803-A", "title" : "Authority to contract", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2803-A", "activeDate" : "2014-09-22", "sequenceNo" : 992, "repealedDate" : null, "fromSection" : "2803-A", "toSection" : "2803-A", "text" : " § 2803-a. Authority to contract. Hospitals, including hospitals\\ndescribed in subdivision ten of section 1.03 of the mental hygiene law,\\nare hereby authorized, under such rules and regulations as the council\\nmay authorize, to enter into contracts and make arrangements among\\nthemselves and among other municipal, state, federal or privately owned\\nhospitals, or any medical schools, or other health related facilities\\nhaving or utilizing hospital services or facilities or voluntary\\nambulance services registered or certified pursuant to article thirty of\\nthe public health law or nutrition programs that receive federal, state\\nor local government funding, whether or not located in this state or\\nelsewhere, for the\\n 1. mutual use, or exchange of medical resources including, but not\\nlimited to, real or personal property or employment of personnel;\\n 2. joint purchases of goods, supplies and services; or\\n 3. development of medical information, techniques and facilities\\nuseful in the progress of the medical art; reduction of medical costs\\nand promotion of a more efficient and effective approach to the delivery\\nof health care services.\\n Any contract between any such hospitals and such voluntary ambulance\\nservices shall be limited to joint purchases of goods and supplies\\nnecessary for the support of such ambulance services or otherwise used\\nby such hospitals.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2803-B", "title" : "Uniform reports and accounting systems for hospital costs", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2017-08-04" ], "docLevelId" : "2803-B", "activeDate" : "2017-08-04", "sequenceNo" : 993, "repealedDate" : null, "fromSection" : "2803-B", "toSection" : "2803-B", "text" : " § 2803-b. Uniform reports and accounting systems for hospital costs.\\n1. The council, after public hearings with respect to its proposed\\nsystems of uniform hospital accounting and reporting, shall, by majority\\nvote of its members and subject to approval of the commissioner, adopt\\nand amend approved systems of uniform hospital accounting and reporting\\nwhich are designed to enable hospitals to fairly, accurately and\\nefficiently prepare the financial reports required by subdivision three\\nof this section. Existing systems of accounting and reporting used by\\nhospitals shall be examined and taken into consideration by the council\\nin carrying out its function pursuant to this section. The council shall\\ntake such steps as are necessary to adopt the approved system of uniform\\nhospital accounting and reporting by January first, nineteen hundred\\nseventy-five.\\n 2. The council, where appropriate to reflect differences in hospital\\nsize and services or in the method of providing or paying for hospital\\nand related services, may allow for modifications in the accounting\\nsystems approved pursuant to subdivision one of this section.\\n 3. Every organization which operates, conducts or maintains a\\nhospital, and the officers thereof, shall furnish to the department with\\nrespect to each licensed hospital operated, conducted or maintained by\\nthe organization, within one hundred twenty days after the close of each\\nfiscal year commencing after the adoption of systems of uniform hospital\\naccounting and reporting approved under subdivision one of this section,\\nall of the following reports on forms specified by the council:\\n (a) A balance sheet detailing the assets, liabilities and net worth of\\nthe hospital at the end of its fiscal year;\\n (b) A statement of income, expenses, and operating surplus or deficit\\nfor the annual period ending on the balance sheet date;\\n (c) A statement detailing the source of application of all funds\\nexpended by the hospital for the period encompassed by the income\\nstatement required by paragraph (b) of this subdivision;\\n (d) A report of hospital expenditures which allocates the costs of\\nnonrevenue-producing departments of a hospital to the other\\nnonrevenue-and revenue-producing centers which they serve. This report\\nshall be accompanied by a sufficiently detailed statistical report\\ncontaining data describing the hospital's basic services and patient\\nstatistics which identifies costs related to categories of hospital\\nservices delivered to patients by each department of the hospital, in\\naccordance with a list of such services required by the council pursuant\\nto subdivision one of this section.\\n 4. The commissioner shall adopt forms of authentication for use by\\nhospital officers or licensed accountants preparing reports under this\\nsection stating that each such officer or accountant making the\\nauthentication believes that to the extent of his knowledge and\\ninformation each statement in the report is true.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2803-C", "title" : "Rights of patients in certain medical facilities", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2019-11-22", "2021-03-26", "2021-12-24", "2022-03-04", "2022-04-29" ], "docLevelId" : "2803-C", "activeDate" : "2014-09-22", "sequenceNo" : 994, "repealedDate" : null, "fromSection" : "2803-C", "toSection" : "2803-C", "text" : " § 2803-c. Rights of patients in certain medical facilities. 1. The\\nprinciples enunciated in subdivision three hereof are declared to be the\\npublic policy of the state and a copy of such statement of rights and\\nresponsibilities shall be posted conspicuously in a public place in each\\nfacility covered hereunder.\\n 2. The commissioner shall require that every nursing home and facility\\nproviding health related service, as defined in subdivision two and\\nparagraph (b) of subdivision four of section twenty-eight hundred one of\\nthis article, shall adopt and make public a statement of the rights and\\nresponsibilities of the patients who are receiving care in such\\nfacilities, and shall treat such patients in accordance with the\\nprovisions of such statement.\\n 3. Said statement of rights and responsibilities shall include, but\\nnot be limited to the following:\\n a. Every patient's civil and religious liberties, including the right\\nto independent personal decisions and knowledge of available choices,\\nshall not be infringed and the facility shall encourage and assist in\\nthe fullest possible exercise of these rights.\\n b. Every patient shall have the right to have private communications\\nand consultations with his or her physician, attorney, and any other\\nperson.\\n c. Every patient shall have the right to present grievances on behalf\\nof himself or herself or others, to the facility's staff or\\nadministrator, to governmental officials, or to any other person without\\nfear of reprisal, and to join with other patients or individuals within\\nor outside of the facility to work for improvements in patient care.\\n d. Every patient shall have the right to manage his or her own\\nfinancial affairs, or to have at least a quarterly accounting of any\\npersonal financial transactions undertaken in his or her behalf by the\\nfacility during any period of time the patient has delegated such\\nresponsibilities to the facility.\\n e. Every patient shall have the right to receive adequate and\\nappropriate medical care, to be fully informed of his or her medical\\ncondition and proposed treatment unless medically contraindicated, and\\nto refuse medication and treatment after being fully informed of and\\nunderstanding the consequences of such actions.\\n f. Every patient shall have the right to have privacy in treatment and\\nin caring for personal needs, confidentiality in the treatment of\\npersonal and medical records, and security in storing personal\\npossessions.\\n g. Every patient shall have the right to receive courteous, fair, and\\nrespectful care and treatment and a written statement of the services\\nprovided by the facility, including those required to be offered on an\\nas-needed basis.\\n h. Every patient shall be free from mental and physical abuse and from\\nphysical and chemical restraints, except those restraints authorized in\\nwriting by a physician for a specified and limited period of time or as\\nare necessitated by an emergency in which case the restraint may only be\\napplied by a qualified licensed nurse who shall set forth in writing the\\ncircumstances requiring the use of restraint and in the case of use of a\\nchemical restraint a physician shall be consulted within twenty-four\\nhours.\\n i. A statement of the facility's regulations and an explanation of the\\npatient's responsibility to obey all reasonable regulations of the\\nfacility and to respect the personal rights and private property of the\\nother patients.\\n j. A statement that should the patient be adjudicated incompetent and\\nnot be restored to legal capacity, or if a conservator should be\\nappointed for the patient, the above rights and responsibilities shall\\nbe exercised by the appointed committee or conservator in a\\nrepresentative capacity.\\n k. Every patient shall have the right to receive upon request kosher\\nfood or food products prepared in accordance with sections two hundred\\none-a, two hundred one-b and two hundred one-c of the agriculture and\\nmarkets law.\\n k-1. Every patient shall have the right to receive upon request halal\\nfood or food products prepared in accordance with sections two hundred\\none-e, two hundred one-f and two hundred one-g of the agriculture and\\nmarkets law.\\n l. Pursuant to regulations promulgated by the commissioner, no\\nfacility or individual and no general hospital providing medical care to\\npersons having been admitted from such facilities or from adult care\\nfacilities covered by the provisions of section four hundred sixty-one-b\\nof the social services law, or to applicants for readmission to such\\nfacilities or to adult care facilities covered by the provisions of\\nsection four hundred sixty-one-b of the social services law, shall\\nrestrict or prohibit the access to the facility or general hospital nor\\ninterfere with the performance of the official duties, including\\nconfidential visits with residents, of duly designated persons\\nparticipating in the long term care ombudsman program as provided for in\\nsection two hundred eighteen of the elder law.\\n m. Pursuant to regulations promulgated by the commissioner in\\nconsultation with the director of the office for the aging, no facility\\nshall restrict or prohibit access by records access ombudsmen specially\\ndesignated under section five hundred forty-four of the executive law to\\nthe medical or personal records of any patient or resident if such\\npatient or resident, or, where appropriate, committee for an\\nincompetent, has given express written consent to such disclosure;\\nprovided, however, that (i) in the case of medical records, disclosure\\nmay be exclusive of the personal notes of the physician as defined in\\nsuch regulations and (ii) access may be limited to such times as may be\\nspecified in such regulations. Such records shall be made available by a\\nmember or members of the facility's staff who shall be designated by the\\nfacility to provide access to and, where necessary, interpretation of\\nsuch records to such records access ombudsman, who shall have the right\\nto photocopy such records. The facility may charge a reasonable fee for\\nphotocopying pursuant to such regulations. Disclosure to a records\\naccess ombudsman of records of any patient or resident pursuant to the\\nwritten consent of such patient or resident shall not give rise to any\\nclaim against the facility, its staff, or the patient's or resident's\\nphysician based solely on the fact of such disclosure pursuant to such\\nwritten consent. Nothing in this paragraph shall be construed to limit\\nor abridge any right of access to records, including financial records,\\notherwise available to ombudsmen, patients or residents, or any other\\nperson.\\n n. Pursuant to regulations promulgated by the commissioner in\\nconsultation with the director of the office for the aging, no facility\\nor individual shall retaliate or take reprisals against any resident,\\nemployee, or other person for having filed a complaint with, or having\\nprovided information to, any long term care patient ombudsman\\nfunctioning in accordance with section five hundred forty-four or five\\nhundred forty-five of the executive law, nor shall any facility or\\nindividual interfere with the official duties of any such ombudsman.\\nSuch regulations shall provide for appropriate sanctions with respect to\\nsuch retaliation, reprisals, or interference.\\n (o) Every patient shall have the right to authorize those family\\nmembers and other adults who will be given priority to visit consistent\\nwith the patient's or resident's ability to receive visitors.\\n p. A statement informing the patient of his or her right to make\\norgan, tissue or whole body donations, and the means by which the\\npatient may make such a donation. The commissioner shall promulgate any\\nrules and regulations necessary to implement the provisions of this\\nparagraph.\\n 4. Each facility shall give a copy of the statement to each patient at\\nor prior to the time of admission to the facility, or to the appointed\\npersonal representative at the time of appointment and to each member of\\nthe facility's staff.\\n 5. Each facility shall prepare a written plan and provide appropriate\\nstaff training to implement each patient's right included in the\\nstatement.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2803-D", "title" : "Reporting abuses of persons receiving care or services in residential health care facilities", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2019-12-20", "2020-04-24" ], "docLevelId" : "2803-D", "activeDate" : "2014-09-22", "sequenceNo" : 995, "repealedDate" : null, "fromSection" : "2803-D", "toSection" : "2803-D", "text" : " § 2803-d. Reporting abuses of persons receiving care or services in\\nresidential health care facilities. 1. The following persons are\\nrequired to report in accordance with this section when they have\\nreasonable cause to believe that a person receiving care or services in\\na residential health care facility has been physically abused,\\nmistreated or neglected by other than a person receiving care or\\nservices in the facility: any operator or employee of such facility, any\\nperson who, or employee of any corporation, partnership, organization or\\nother entity which, is under contract to provide patient care services\\nin such facility, and any nursing home administrator, physician, medical\\nexaminer, coroner, physician's associate, specialist's assistant,\\nosteopath, chiropractor, physical therapist, occupational therapist,\\nregistered professional nurse, licensed practical nurse, dentist,\\npodiatrist, optometrist, pharmacist, psychologist, licensed master\\nsocial worker, licensed clinical social worker, speech pathologist and\\naudiologist.\\n 2. In addition to those persons required to report suspected physical\\nabuse, mistreatment or neglect of persons receiving care or services in\\nresidential health care facilities, any other person may make such a\\nreport if he or she has reasonable cause to believe that a person\\nreceiving care or services has been physically abused, mistreated or\\nneglected in the facility.\\n 3. Reports of suspected physical abuse, mistreatment or neglect made\\npursuant to this section shall be made immediately by telephone and in\\nwriting within forty-eight hours to the department. Written reports\\nshall be made on forms supplied by the commissioner and shall include\\nthe following information: the identity of the person making the report\\nand where he can be found; the name and address of the residential\\nhealth care facility; the names of the operator and administrator of the\\nfacility, if known; the name of the subject of the alleged physical\\nabuse, mistreatment or neglect, if known; the nature and extent of the\\nphysical abuse, mistreatment or neglect; the date, time and specific\\nlocation of the occurrence; the names of next of kin or sponsors of the\\nsubject of the alleged physical abuse, mistreatment or neglect, if\\nknown; and any other information which the person making the report\\nbelieves would be helpful to further the purposes of this section. Such\\nwritten reports shall be admissible in evidence, consistent with the\\nprovisions of paragraph (f) of subdivision six of this section, in any\\nactions or proceedings relating to physical abuse, mistreatment or\\nneglect of persons receiving care or services in residential health care\\nfacilities. Written reports made other than on forms supplied by the\\ncommissioner which contain the information required herein shall be\\ntreated as if made on such forms.\\n 4. Any person who in good faith makes a report pursuant to this\\nsection shall have immunity from any liability, civil or criminal, for\\nhaving made such a report. For the purpose of any proceeding, civil or\\ncriminal, the good faith of any person required to report instances of\\nphysical abuse, mistreatment or neglect of persons receiving care or\\nservices in residential health care facilities shall be presumed.\\n 5. Notwithstanding the provisions of section two hundred thirty of\\nthis chapter, any licensed person who commits an act of physical abuse,\\nmistreatment or neglect of a person receiving care or services in a\\nresidential health care facility and any licensed person required by\\nthis section to report an instance of suspected physical abuse,\\nmistreatment or neglect of a person receiving care or services in a\\nresidential health care facility who fails to do so shall be guilty of\\nunprofessional conduct in the practice of his or her profession.\\n 6. (a) Upon receipt of a report made pursuant to this section, the\\ncommissioner shall cause an investigation to be made of the allegations\\ncontained in the report. Notification of the receipt of a report shall\\nbe made immediately by the department to the appropriate district\\nattorney if a prior request in writing has been made to the department\\nby the district attorney. Prior to the completion of the investigation\\nby the department, every reasonable effort shall be made to notify,\\npersonally or by certified mail, any person under investigation for\\nhaving committed an act of physical abuse, mistreatment or neglect. The\\ncommissioner shall make a written determination, based on the findings\\nof the investigation, of whether or not sufficient credible evidence\\nexists to sustain the allegations contained in the report or would\\nsupport a conclusion that a person not named in such report has\\ncommitted an act of physical abuse, neglect or mistreatment. A copy of\\nsuch written determination, together with a notice of the right to a\\nhearing as provided in this subdivision, shall be sent by registered or\\ncertified mail to each person who the commissioner has determined has\\ncommitted an act of physical abuse, neglect or mistreatment. A letter\\nshall be sent to any other person alleged in such report to have\\ncommitted such an act stating that a determination has been made that\\nthere is not sufficient evidence to sustain the allegations relating to\\nsuch person. A copy of each such determination and letter shall be sent\\nto the facility in which the alleged incident occurred.\\n (b) The commissioner may make a written determination, based on the\\nfindings of the investigation, that sufficient credible evidence exists\\nto support a conclusion that a person required by this section to report\\nsuspected physical abuse, mistreatment or neglect had reasonable cause\\nto believe that such an incident occurred and failed to report such\\nincident. A copy of such written determination, together with a notice\\nof the right to a hearing as provided in this subdivision, shall be sent\\nby registered or certified mail to each person who the commissioner has\\ndetermined has failed to report as required by this section.\\n (c) All information relating to any allegation which the commissioner\\nhas determined would not be sustained shall be expunged one hundred\\ntwenty days following notification of such determination to the person\\nwho made the report pursuant to this section, unless a proceeding\\npertaining to such allegation is pending pursuant to article\\nseventy-eight of the civil practice law and rules. Whenever information\\nis expunged, the commissioner shall notify any official notified\\npursuant to paragraph (a) of this subdivision that the information has\\nbeen expunged.\\n (d) At any time within thirty days of the receipt of a copy of a\\ndetermination made pursuant to this section, a person named in such\\ndetermination as having committed an act of physical abuse, neglect or\\nmistreatment, or as having failed to report such an incident, may\\nrequest in writing that the commissioner amend or expunge the record of\\nsuch report, to the extent such report applies to such person, or such\\nwritten determination. If the commissioner does not comply with such\\nrequest within thirty days, such person shall have the right to a fair\\nhearing to determine whether the record of the report or the written\\ndetermination should be amended or expunged on the grounds that the\\nrecord is inaccurate or the determination is not supported by the\\nevidence. The burden of proof in such hearing shall be on the\\ndepartment. Whenever information is expunged, the commissioner shall\\nnotify any official notified pursuant to paragraph (a) of this\\nsubdivision that the information has been expunged.\\n (e) Except as hereinafter provided, any report, record of the\\ninvestigation of such report and all other information related to such\\nreport shall be confidential and shall be exempt from disclosure under\\narticle six of the public officers law.\\n (f) Information relating to a report made pursuant to this section\\nshall be disclosed under any of the following conditions:\\n (i) pursuant to article six of the public officers law after\\nexpungement or amendment, if any, is made in accordance with a hearing\\nconducted pursuant to this section, or at least forty-five days after a\\nwritten determination is made by the commissioner concerning such\\nreport, whichever is later; provided, however, that the identity of the\\nperson who made the report, the victim, or any other person named,\\nexcept a person who the commissioner has determined committed an act of\\nphysical abuse, neglect or mistreatment, shall not be disclosed unless\\nsuch person authorizes such disclosure;\\n (ii) as may be required by the penal law or any lawful order or\\nwarrant issued pursuant to the criminal procedure law; or\\n (iii) to a person who has requested a hearing pursuant to this\\nsection, information relating to the determination upon which the\\nhearing is to be conducted; provided, however, that the identity of the\\nperson who made the report or any other person who provided information\\nin an investigation of the report shall not be disclosed unless such\\nperson authorizes such disclosure.\\n (g) Where appropriate, the commissioner shall report instances of\\nphysical abuse, mistreatment or neglect or the failure to report as\\nrequired by this section, to the appropriate committee on professional\\nconduct for the professions enumerated in subdivision one of this\\nsection when a determination has been made after the commissioner has\\nprovided an opportunity to be heard. The commissioner shall report\\ninstances of physical abuse, mistreatment, neglect or misappropriation\\nof resident property by a nurse aide or other unlicensed individual and\\nany brief statement by the nurse aide or other unlicensed individual\\ndisputing the finding to the nursing home nurse aide registry\\nestablished pursuant to section twenty-eight hundred three-j of this\\narticle when a determination has been made after the commissioner has\\nprovided an opportunity to be heard.\\n 7. In addition to any other penalties prescribed by law, any person\\nwho commits an act of physical abuse, neglect or mistreatment, or who\\nfails to report such an act as provided in this section, shall be deemed\\nto have violated this section and shall be liable for a penalty pursuant\\nto section twelve of this chapter after an opportunity to be heard\\npursuant to this section.\\n 8. No residential health care facility or officer or employee thereof\\nshall discharge or in any manner discriminate or retaliate against any\\nperson in any residential health care facility, or any relative, or\\nsponsor thereof, or against any employee of the facility, or against any\\nother person because such person, relative, legal representative,\\nsponsor or employee has made, or is about to make, a report pursuant to\\nthis section, or has testified, or is about to testify, in any\\nproceeding relating to physical abuse, mistreatment or neglect of a\\nperson receiving care or services in a residential health care facility.\\nThe supreme court may grant injunctive relief to any person subject to\\nsuch retaliation or discrimination. Any violation of this subdivision\\nshall be punishable pursuant to section twelve of this chapter.\\n 9. No later than March fifteenth of every year the commissioner shall\\nprepare and transmit to the governor and the legislature a report on the\\nincidents of physical abuse, mistreatment and neglect of persons\\nreceiving care or services in residential health care facilities. No\\ninformation concerning any individual or facility shall be disclosed in\\na report made pursuant to this subdivision, or in any other report,\\nexcept information which would be available pursuant to article six of\\nthe public officers law as provided in this section. Nothing in this\\nsection shall be construed to prohibit the maintenance or disclosure of,\\nor require the expungement of, statistical data which would not reveal\\nthe identity of any person or facility.\\n 10. An investigation shall be made of each incident reported pursuant\\nto this section, but only the provisions of paragraphs (e) and (f) of\\nsubdivision six, and subdivisions two, four, eight and nine shall apply\\nto physical abuse by persons receiving care or services in residential\\nhealth care facilities.\\n 11. The commissioner shall adopt rules and regulations necessary to\\nimplement this section.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2803-E", "title" : "Residential health care facilities; return and redistribution of unused medication", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2803-E", "activeDate" : "2014-09-22", "sequenceNo" : 996, "repealedDate" : null, "fromSection" : "2803-E", "toSection" : "2803-E", "text" : " * § 2803-e. Residential health care facilities; return and\\nredistribution of unused medication. 1. Notwithstanding any inconsistent\\nprovision of law, rule or regulation to the contrary, the commissioner\\nis hereby authorized and directed to permit either a resident or\\nconsultant pharmacist in a residential health care facility to return to\\nthe pharmacy from which it was purchased any unused medication provided\\nthat such medication is sealed in unopened, individually packaged units\\nand within the recommended period of shelf life, and provided that such\\nmedication is not a controlled substance as defined in section\\nthirty-three hundred six of the public health law.\\n 2. The pharmacy to which such medication as described in subdivision\\none of this section is returned shall be permitted to receive, restock\\nand redistribute that medication.\\n 3. The pharmacy to which such medication as described in subdivision\\none of this section is returned shall be required to reimburse or credit\\nthe purchaser of that medication for the unused medication that is\\nrestocked and redistributed. No pharmacy shall be required to accept any\\nmedication returned under subdivision one of this section.\\n 4. Neither an individual patient or the state, if a patient is a\\nrecipient of a state funded program, shall be charged for unused\\nmedication which according to the provisions of this law is returned for\\nreimbursement or credit.\\n * NB There are 2 § 2803-e's\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2803-E*2", "title" : "Reporting incidents of possible professional misconduct", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2803-E*2", "activeDate" : "2014-09-22", "sequenceNo" : 997, "repealedDate" : null, "fromSection" : "2803-E*2", "toSection" : "2803-E*2", "text" : " * § 2803-e. Reporting incidents of possible professional misconduct.\\n1. (a) Hospitals and other facilities approved pursuant to this article\\nshall make a report or cause a report to be made within thirty days of\\nthe occurrence of any of the following: the suspension, restriction,\\ntermination or curtailment of the training, employment, association or\\nprofessional privileges or the denial of the certification of completion\\nof training of an individual licensed pursuant to the provisions of\\ntitle eight of the education law or of a medical resident with such\\nfacility for reasons related in any way to alleged mental or physical\\nimpairment, incompetence, malpractice or misconduct or impairment of\\npatient safety or welfare; the voluntary or involuntary resignation or\\nwithdrawal of association or of privileges with such facility to avoid\\nthe imposition of disciplinary measures; or the receipt of information\\nwhich indicates that any professional licensee or medical resident has\\nbeen convicted of a crime; the denial of staff privileges to a physician\\nif the reasons stated for such denial are related to alleged mental or\\nphysical impairment, incompetence, malpractice, misconduct or impairment\\nof patient safety or welfare.\\n (b) Hospitals and other facilities approved pursuant to this article\\nshall make a report or cause a report to be made within thirty days of\\nobtaining knowledge of any information which reasonably appears to show\\nthat a physician is guilty of professional misconduct as defined in\\nsection sixty-five hundred thirty or sixty-five hundred thirty-one of\\nthe education law. A violation of this paragraph shall not be subject to\\nthe provisions of section twelve-b of this chapter.\\n 2. Reports of possible professional misconduct made pursuant to this\\nsection shall be made in writing to the education department with\\nrespect to all individuals licensed pursuant to title eight of the\\neducation law except that such reports shall be made to the department\\nof health in the case of physicians, physician's assistants and\\nspecialist's assistants. Written reports shall include the following\\ninformation:\\n (a) name, address, profession and license number of the individual;\\n (b) a description of the action taken by the hospital including the\\nreason for the action and the date thereof, or the nature of the action\\nor conduct which led to the resignation or withdrawal, and the date\\nthereof, stated with sufficient specificity to allow a reasonable person\\nto understand which of the reasons enumerated in subdivision one of this\\nsection led to the action of the hospital or the resignation or\\nwithdrawal of the individual, and, if the reason was an act or omission\\nof the individual, the particular act or omission;\\n (c) any criminal conviction of which the hospital has knowledge; and\\n (d) such other information as the education department or the\\ndepartment of health shall require.\\n 3. (a) Any report or information furnished to the education department\\nor department of health in accordance with the provisions of this\\nsection shall be deemed a confidential communication and shall not be\\nsubject to inspection or disclosure in any manner except upon formal\\nwritten request by a duly authorized public agency or pursuant to a\\njudicial subpoena issued in a pending action or proceeding.\\n (b) Any person, facility or corporation which makes a report pursuant\\nto this section in good faith and without malice shall have immunity\\nfrom any liability, civil or criminal, for having made such a report.\\nFor the purpose of any proceeding, civil or criminal, the good faith of\\nany person required to make a report shall be presumed.\\n * NB There are 2 § 2803-e's\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2803-F", "title" : "Respite projects", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2803-F", "activeDate" : "2014-09-22", "sequenceNo" : 998, "repealedDate" : null, "fromSection" : "2803-F", "toSection" : "2803-F", "text" : " § 2803-f. Respite projects. Residential health care facilities shall\\nbe permitted, with the prior approval of the commissioner in\\nconsultation with the director of the state office for the aging, to\\nparticipate in respite projects pursuant to section two hundred eight of\\nthe elder law. No person shall receive services providing respite in a\\nresidential health care facility unless such person is medically\\neligible for admission to such facility. Reimbursement for services in a\\nresidential health care facility shall be as provided in sections\\ntwenty-eight hundred seven and twenty-eight hundred eight of this\\narticle for skilled nursing facility services or health-related\\nservices. The commissioner, in consultation with the director of the\\nstate office for the aging, shall promulgate rules and regulations to\\nimplement the provisions of this section.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2803-G", "title" : "Board of visitors in county owned residential health care facility", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2803-G", "activeDate" : "2014-09-22", "sequenceNo" : 999, "repealedDate" : null, "fromSection" : "2803-G", "toSection" : "2803-G", "text" : " § 2803-g. Board of visitors in county owned residential health care\\nfacility. 1. Each public residential health care facility owned by a\\ncounty may have a board of visitors consisting of at least seven\\nmembers. Members shall be appointed by the county executive of the\\ncounty in which the facility is located where the county charter or, in\\nthe absence of such, county law provides that members of county boards,\\ncommissions, authorities or agencies are to be appointed by such an\\nofficer. Such appointments shall be made with the approval of the local\\nlegislative body of that county. In those counties without a county\\nexecutive, appointments shall be made by the legislative body of the\\ncounty. A visitor may be removed by the county legislative body for\\ncause after notice and an opportunity for hearing on the charges.\\n 2. Unless provided otherwise by local law, each board shall elect\\nannually one member to serve as president of the board and one member to\\nserve as secretary.\\n 3. Visitors shall not receive compensation but may be reimbursed for\\ntheir actual expenses in connection with their service as visitors by\\nthe facility they serve.\\n 4. The board of visitors shall hold no less than six regular meetings\\nannually, but a greater number of regular meetings may be scheduled by\\nthe board. The conditions under which special meetings may be called\\nshall be established by local law or in by-laws of the board. The board\\nmay require the head administrator of the facility to submit a report at\\neach meeting. The board shall keep a record of its proceedings and\\nactivities. A member of a board of visitors who has failed to attend\\nthree consecutive meetings shall be considered to have vacated his\\noffice unless the board has adopted rules to the contrary.\\n 5. Upon the request of the head administrator of the facility or upon\\nthe board's initiative, the board shall consult, advise and work with\\nthe director with respect to community relations, conditions at the\\nfacility, preliminary plans for construction and alterations and\\nprograms and activities of the facility.\\n 6. The board or any member of the board may visit and inspect the\\nfacility at any time without prior notice and may report on conditions\\nto the local legislative body or the county executive and the\\ncommissioner of the New York state department of health. In addition,\\nthe board shall insure that a member or a committee of members shall\\ninspect the facility once every three months without prior notice. A\\nmember of a board of visitors who has failed to visit and inspect the\\nfacility at least twice a year shall be considered to have vacated his\\noffice unless otherwise ordered by the board.\\n 7. The board shall have the power to investigate all charges against\\nthe administrator of the facility, all cases of alleged patient abuse or\\nmistreatment, and any other complaint filed against the facility. The\\nboard shall receive from the facility copies of all accident reports and\\nany reports of abuse or neglect involving patients of the facility. The\\nboard or any member of the board shall have the right to examine any\\nbooks or papers of the facility at anytime, except that access to\\npatient medical records shall be with the written consent of the patient\\nor his legal representative. Unless provided otherwise by local law, the\\nboard shall have the power, in accordance with the civil practice law\\nand rules, to require the production of any books or papers deemed\\nrelevant to the investigation. The board or a member may include in the\\nreport of their investigation or separately at any time, any matter\\npertaining to the management and affairs of the facility and may make\\nrecommendations to the county executive, or in the absence of such, the\\ncounty legislative body and to the commissioner.\\n 8. Once each year, the board shall make an independent assessment of\\nconditions at the facility and shall submit a report on the assessment\\nand recommendations to the commissioner and to the county executive, or\\nin the absence of such, the county legislative body.\\n 9. The county executive or the local legislative body shall notify the\\nboard of visitors of a residential health care facility of the proposed\\nappointment of a head administrator to such facility with a request that\\nthe board report an expression of its opinion of the appointment and, if\\nit objects thereto, the reasons for such an objection.\\n 10. The board may establish by-laws which shall be available for\\npublic inspection at the facility and the office of the county attorney.\\n 11. Members of the board of visitors shall be considered officers of\\nthe county by which they are compensated for purposes of section four\\nhundred nine of the county law. The county legislative body shall\\nestablish a code of ethics for the members of such board, including but\\nnot limited to provisions on conflict of interest and course of conduct.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2803-H", "title" : "Health related facility; pet therapy programs", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2803-H", "activeDate" : "2014-09-22", "sequenceNo" : 1000, "repealedDate" : null, "fromSection" : "2803-H", "toSection" : "2803-H", "text" : " § 2803-h. Health related facility; pet therapy programs.\\nNotwithstanding any inconsistent provision of law, rule or regulation to\\nthe contrary, and subject to the approval of the commissioner, every\\nresidential health care facility, as defined in section twenty-eight\\nhundred one of this article, may, at the discretion of such facility,\\nboard animals in such facility where such boarding would, in the\\ndetermination of the commissioner and such facility, tend to promote the\\ngeneral well-being of the residents of such facility. The commissioner\\nshall adopt rules and regulations necessary to implement the provisions\\nof this section.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2803-I", "title" : "General hospital inpatient discharge review program", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2014-10-24" ], "docLevelId" : "2803-I", "activeDate" : "2014-10-24", "sequenceNo" : 1001, "repealedDate" : null, "fromSection" : "2803-I", "toSection" : "2803-I", "text" : " § 2803-i. General hospital inpatient discharge review program. 1. A\\ngeneral hospital inpatient discharge review program applicable to all\\npatients other than beneficiaries of title XVIII of the federal social\\nsecurity act (medicare) shall be established in accordance with this\\nsection. No general hospital inpatient subject to the provisions of this\\nsection may be discharged on the basis that inpatient hospital service\\nin a general hospital is no longer medically necessary and that an\\nappropriate discharge plan has been established unless a written notice\\nof such determinations and a copy of the discharge plan have been\\nprovided to the patient or the appointed personal representative of the\\npatient. The patient or the appointed personal representative of the\\npatient shall have the opportunity to sign the notice and a copy of the\\ndischarge plan and receive a copy of both signed documents. Every\\ngeneral hospital shall use a common notice developed and disseminated in\\naccordance with rules and regulations adopted by the council and\\napproved by the commissioner which shall indicate that the patient is to\\nbe discharged, shall state the reasons therefor and shall state that the\\npatient may request a review of such determinations. The patient, or the\\nappointed personal representative of the patient may request a review of\\nsuch determinations by the appropriate independent professional review\\nagent (or \"review agent\") in accordance with subdivision four of this\\nsection. Notwithstanding that the patient discharge review process\\nprovided in accordance with federal law and regulation shall apply to\\nbeneficiaries of title XVIII of the federal social security act\\n(medicare), a written copy of the discharge plan, and discharge notice\\nshall be provided to the beneficiary or the appointed personal\\nrepresentative of the beneficiary. The beneficiary or the appointed\\npersonal representative of the beneficiary shall have the opportunity to\\nsign the documents and receive a copy of the signed documents.\\n 2. (a) For patients eligible for payments by state governmental\\nagencies for general hospital inpatient services as the patient's\\nprimary payor, an independent professional review agent shall mean the\\ncommissioner or his designee. In conducting general hospital inpatient\\ndischarge reviews in accordance with this section, the commissioner may\\nutilize the services of department personnel or other authorized\\nrepresentatives, including a review agent approved in accordance with\\nparagraph (b) of this subdivision.\\n (b) For patients who are not beneficiaries of title XVIII of the\\nfederal social security act (medicare) nor eligible for payments by\\nstate governmental agencies as the patient's primary payor, an\\nindependent professional review agent shall mean a third party payor of\\nhospital services or other corporation approved by the commissioner in\\nwriting for purposes of conducting general hospital inpatient discharge\\nreviews in accordance with this section. For a third party payor of\\nhospital services or other corporation to be approved as an independent\\nprofessional review agent in accordance with this paragraph, such third\\nparty payor or other corporation must meet the following criteria: (i)\\nthe review agent shall employ or otherwise secure the services of\\nadequate medical personnel qualified to determine the necessity of\\ncontinued inpatient hospital services and the appropriateness of\\nhospital discharge plans; (ii) the review agent shall demonstrate the\\nability to render review decisions in a timely manner as provided in\\nthis section; (iii) the review agent shall agree to provide ready access\\nby the commissioner to all data, records and information it collects and\\nmaintains concerning its review activities under this section; (iv) the\\nreview agent shall agree to provide to the commissioner such data,\\ninformation and reports as the commissioner determines necessary to\\nevaluate the review process provided pursuant to this section; (v) the\\nreview agent shall provide assurances that review personnel shall not\\nhave a conflict of interest in conducting a discharge review for a\\npatient based on hospital or professional affiliation; and (vi) the\\nreview agent meets such other performance and efficiency criteria\\nregarding the conduct of reviews pursuant to this section established by\\nthe commissioner. The commissioner may withdraw approval of an\\nindependent professional review agent where such review agent fails to\\ncontinue to meet approval criteria established pursuant to this\\nparagraph.\\n (c) (i) Each general hospital shall enter into contracts with one or\\nmore independent professional review agents approved by the commissioner\\nin accordance with paragraph (b) of this subdivision for purposes of\\nconducting general hospital inpatient discharge reviews in accordance\\nwith this section for patients, including uncompensated care patients,\\nwho are not beneficiaries of title XVIII of the federal social security\\nact (medicare) nor eligible for payments by state governmental agencies\\nas the patients' primary payor; provided, however, a payor of hospital\\nservice included in the payor categories specified in paragraph (a) of\\nsubdivision one of section twenty-eight hundred seven-c of this article,\\nother than state governmental agencies, may designate the review agent\\nfor their subscribers or beneficiaries or enrolled members and shall\\nreimburse such designated review agent for costs of the discharge review\\nprogram.\\n (ii) Notwithstanding any inconsistent provision of law, general\\nhospital contract costs incurred in accordance with subparagraph (i) of\\nthis paragraph may be included as an additional charge for general\\nhospital inpatient services in determining patient charges for payors\\nincluded in the payor categories specified in paragraph (c) of\\nsubdivision one of section twenty-eight hundred seven-c of this article,\\nor as a charge in addition to rates of payment for general hospital\\ninpatient services in determining payment due for payors included in the\\npayor categories specified in paragraph (b) of subdivision one of\\nsection twenty-eight hundred seven-c of this article, or paragraph (a)\\nof such subdivision one if a payor has not designated a review agent for\\nsuch payor's subscribers or beneficiaries or enrolled members, or\\nparagraph (a) or (b) of subdivision two of section twenty-eight hundred\\nseven-c of this article. Such additional charges shall not be subject to\\nmaximum charge or rate of payment ceilings determined in accordance with\\nsection twenty-eight hundred seven-c of this article for such payors.\\n 3. (a) If a general hospital and the attending physician agree that\\ninpatient hospital service in a general hospital is no longer medically\\nnecessary for a patient, other than a beneficiary of title XVIII of the\\nfederal social security act (medicare), and an appropriate discharge\\nplan has been established for such patient, at that time the hospital\\nshall provide the patient or the appointed personal representative of\\nthe patient with a written discharge notice and a copy of the discharge\\nplan, meeting the requirements of subdivision one of this section.\\n (b) If a general hospital has determined that inpatient hospital\\nservice in a general hospital is no longer medically necessary for a\\npatient, other than a beneficiary of title XVIII of the federal social\\nsecurity act (medicare), and an appropriate discharge plan has been\\nestablished for such patient but the attending physician has not agreed\\nwith the hospital's determinations, the hospital may request by\\ntelephone a review of the validity of the hospital's determinations by\\nthe appropriate independent professional review agent. Such review agent\\nshall conduct a review of the hospital's determinations and prior to the\\nconclusion of the review shall provide an opportunity to the treating\\nphysician and an appropriate representative of the hospital to confer\\nand provide information which may include the patient's clinical records\\nif requested by the review agent. Such review agent shall notify the\\nhospital of the results of its review not later than one working day\\nafter the date the review agent has received the request, the records\\nrequired to conduct such review, and the date of such conferring and\\nreceipt of any additional information requested. The hospital shall\\nprovide notice to the attending physician of the results of the review.\\nIf the review agent concurs with the hospital's determinations, the\\nhospital shall provide the patient or his appointed personal\\nrepresentative with a written notice of such determinations and notice\\nthat the patient shall be financially responsible for continued stay,\\nand with a copy of the proposed discharge plan. The patient or the\\nappointed personal representative of the patient shall have the\\nopportunity to sign the notice and a copy of the proposed discharge plan\\nand receive a copy of both signed documents. Every general hospital\\nshall use a common notice developed and disseminated in accordance with\\nrules and regulations adopted by the council and approved by the\\ncommissioner which shall indicate the determinations made, shall state\\nthe reasons therefor and that the patient's attending physician has\\ndisagreed and shall state that the patient or the appointed personal\\nrepresentative of the patient may request a review of such\\ndeterminations by the appropriate review agent.\\n 4. A patient in a general hospital, or the appointed personal\\nrepresentative of the patient, who receives a written notice in\\naccordance with paragraph (a) or (b) of subdivision three of this\\nsection, may request a review by the appropriate review agent of the\\ndeterminations set forth in such notice related to medical necessity of\\ncontinued inpatient hospital service, the appropriateness of the\\ndischarge plan and the availability of required continuing health care\\nservices.\\n (a) If a patient while still hospitalized or while no longer an\\ninpatient, or the appointed personal representative of such patient,\\nrequests a review by the appropriate review agent, the hospital shall\\npromptly provide to the review agent the records required to review the\\ndeterminations. Such request for a patient no longer an inpatient shall\\ntake place no later than thirty days after receipt of a notice provided\\nin accordance with subdivision three of this section or seven days after\\nreceipt of a complete bill for all inpatient services rendered,\\nwhichever is later. The review agent shall conduct a review of such\\ndeterminations and shall provide the treating physician and an\\nappropriate representative of the hospital with an opportunity to confer\\nand provide information prior to the conclusion of the review. The\\nreview agent shall provide written notice to the patient, or the\\nappointed personal representative of the patient, and the hospital of\\nthe results of the review within three working days of receipt of the\\nrequests for review and the records required to review the\\ndeterminations. The hospital shall provide notice to the attending\\nphysician of the results of the review.\\n (b) Notwithstanding the provisions of paragraph (a) of this\\nsubdivision, if a patient while still an inpatient in the general\\nhospital, or the appointed personal representative of the patient,\\nrequests a review by the appropriate review agent not later than noon of\\nthe first working day after the date the patient, or the appointed\\npersonal representative of the patient, receives the written notice, the\\nhospital shall provide to the appropriate review agent the records\\nrequired to review the determinations by the close of business of such\\nworking day. The appropriate review agent shall conduct a review of such\\ndeterminations and provide written notice to the patient, or the\\nappointed personal representative of the patient, and the hospital of\\nthe results of the review not later than one full working day after the\\ndate the review agent has received the request for review and such\\nrecords. The hospital shall provide notice to the attending physician of\\nthe results of the review.\\n 5. Notwithstanding any inconsistent provision of law, if the\\nappropriate review agent, upon any review conducted pursuant to\\nparagraph (b) of subdivision three or pursuant to subdivision four of\\nthis section does not concur in the determinations, continued stay in a\\ngeneral hospital shall be deemed necessary and appropriate for the\\npatient for purposes of payment for such continued stay in accordance\\nwith section twenty-eight hundred seven-c of this article.\\n 6. If a patient eligible for payment for inpatient hospital services\\nunder a case based payment per discharge determined in accordance with\\nsection twenty-eight hundred seven-c of this article, or the appointed\\npersonal representative of the patient, requests a review by the\\nappropriate review agent in accordance with paragraph (b) of subdivision\\nfour of this section, the hospital may not demand or request any payment\\nfor additional inpatient hospital services provided to such patient\\nsubsequent to the proposed time of discharge and prior to noon of the\\nday after the date the patient or the appointed personal representative\\nof the patient receives notice of the results of the review by the\\nreview agent other than payment determined in accordance with section\\ntwenty-eight hundred seven-c of this article and deductibles,\\ncopayments, or other charges that would be authorized for a patient for\\nwhom inpatient hospital services in a general hospital continue to be\\nnecessary and appropriate.\\n 7. In any review conducted pursuant to paragraph (b) of subdivision\\nthree or pursuant to subdivision four of this section, the review agent\\nshall solicit the views of the patient involved, or the appointed\\npersonal representative of the patient, and the attending physician.\\n 8. Each patient, or the appointed personal representative of the\\npatient, provided a notice by a general hospital in accordance with\\nsubdivision three of this section shall be provided at such time by the\\nhospital with a notice, in a form developed in accordance with rules and\\nregulations adopted by the council and approved by the commissioner, of\\nsuch patient's right to request a discharge review in accordance with\\nthis section. The patient or the appointed personal representative of\\nthe patient shall have the opportunity to sign this form and receive a\\ncopy of the signed form.\\n 9. Upon discharge of a blind or visually impaired patient, a hospital\\nshall offer to provide the patient's discharge plan in a large print\\nversion or, at the patient's or patient's representative's request, as\\nan audio recording, to be made available to such patient or such\\npatient's representative on compact disc or other medium as the hospital\\nmay offer, or as an electronically transmitted digital file, in addition\\nto a written copy of the discharge plan.\\n 10. The council shall adopt rules and regulations, subject to the\\napproval of the commissioner, necessary to implement this section.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2803-J", "title" : "Information for maternity patients", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-02-06", "2016-07-29", "2016-11-25", "2019-12-20", "2019-12-27", "2020-03-13", "2020-04-24", "2020-06-19", "2020-12-28", "2021-02-19", "2021-05-21", "2021-12-24", "2022-07-22", "2023-10-27", "2024-02-23", "2024-11-29", "2024-12-20", "2025-01-17", "2025-02-21", "2025-03-14", "2025-05-30", "2026-05-22" ], "docLevelId" : "2803-J", "activeDate" : "2016-11-25", "sequenceNo" : 1002, "repealedDate" : null, "fromSection" : "2803-J", "toSection" : "2803-J", "text" : " * § 2803-j. Information for maternity patients. 1. The commissioner\\nshall require that every hospital and birth center shall prepare in\\nprinted or photocopied form and distribute at the time of pre-booking\\ndirectly to each prospective maternity patient and, upon request, to the\\ngeneral public an informational leaflet. Such leaflet shall be designed\\nby the commissioner and shall contain brief definitions of maternity\\nrelated procedures and practices as specified in subdivision two of this\\nsection and such other material as deemed appropriate by the\\ncommissioner. Hospitals and birth centers may also elect to distribute\\nadditional explanatory material along with the maternity patients\\ninformational leaflet. The commissioner shall make the information\\ncontained in the leaflet available on the department's website.\\n 1-a. The informational leaflet shall also include an explanation of\\nthe special provisions relating to maternity care and coverage under the\\ninsurance law and section two thousand eight hundred three-n of this\\nchapter, and suggest that expectant parents check their insurance\\npolicies for the details of their maternity coverage.\\n 1-b. The informational leaflet shall also include information relating\\nto the physical and mental health of the maternity patient after\\ndischarge from the hospital, including, but not limited to, information\\nabout maternal depression. The commissioner, in collaboration with the\\ncommissioner of mental health, shall review and update the information\\non maternal depression contained in the leaflet, as necessary. The\\ninformational leaflets shall be made available to patients in the top\\nsix languages spoken in the state, other than English, according to the\\nlatest available data from the United States Census Bureau.\\n 1-c. The informational leaflet shall also include a description of the\\ndangers of shaking infants and young children. The description shall\\ninclude information on the effects of shaking infants and young\\nchildren, appropriate ways to manage the causes of shaking infants and\\nyoung children, and discussion on how to reduce the risks of shaking\\ninfants and young children.\\n 1-d. The informational leaflet shall also include the recommendations\\nfrom the American Academy of Pediatrics relating to safe sleep,\\nincluding sleep space and sleep position, and discussion on how to\\nreduce the risk of infant death through safe sleep practices. The\\ninformation described in this subdivision may take the form of a video\\nin lieu of a leaflet.\\n 2. Such leaflet shall also include statistics relating to the annual\\npercentage of maternity related procedures performed at such hospital or\\nbirth center, as provided by the commissioner, including but not limited\\nto the following:\\n (a) the annual rate of cesarean sections, primary, repeat and total,\\nperformed at such facility;\\n (b) the annual percentage of women with previous cesarean sections who\\nhave had a subsequent successful vaginal birth;\\n (c) the annual percentage of deliveries by midwives;\\n (d) the annual percentage of births utilizing electronic fetal\\nmonitoring listed on the basis of external and internal;\\n (e) the annual percentage of births utilizing forceps, listed on the\\nbasis of low forceps delivery and mid forceps delivery;\\n (f) the annual percentage of breech births delivered vaginally;\\n (g) the annual percentage of births utilizing analgesia;\\n (h) the annual percentage of births utilizing anesthesia including\\ngeneral, spinal, epidural, and paracervical listed on the basis of\\nvaginal and cesarean births;\\n (i) the annual percentage of births utilizing induction of labor;\\n (j) the annual percentage of births utilizing augmentation of labor;\\n (k) the annual percentage of vaginal births utilizing episiotomies;\\n (l) whether birthing rooms are available for use in the facility;\\n (m) whether rooming-in is available in the facility, on the basis of\\ntwenty-four hours a day or daytime.\\n 3. Compilation of the statistics set out in subdivision two of this\\nsection shall be the responsibility of the commissioner.\\n 4. Statistical information shall be presented in the most recent one\\nyear aggregate.\\n 5. (a) The commissioner shall establish an immunization schedule for\\nnewborn children. The immunization schedule shall chart out recommended\\nimmunizations against certain diseases and illnesses and age-appropriate\\ntimes for the administration of each immunization. The immunization\\nschedule shall also include information on the importance of getting\\nchildren immunized at the recommended ages. The immunization schedule\\nshall also include the toll-free telephone number operated by the\\ndepartment as part of its immunization education efforts. The\\nimmunization schedule shall be in accordance with recommendations\\nestablished by the New York state department of health and the\\nimmunization practices advisory committee of the United States\\ndepartment of health and human services.\\n (b) The commissioner shall provide the immunization schedule to the\\nlocal registrars for distribution pursuant to paragraph (b) of\\nsubdivision one of section four thousand one hundred thirty-seven of\\nthis chapter.\\n 6. Every hospital and birth center shall request that each maternity\\npatient and father of a newborn child, if available, view a video\\npresentation, approved by the commissioner, on the dangers of shaking\\ninfants and young children, and the symptoms of shaken baby syndrome.\\nAfter viewing such a video presentation or upon refusal to view such a\\nvideo presentation, the hospital or birth center shall request that such\\npatient and/or father sign a form stating that they have viewed or\\nrefused to view such video presentation. All training materials and\\nforms required to implement the provisions of this subdivision shall be\\nprovided by the commissioner.\\n * NB There are 2 § 2803-j's\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2803-J*2", "title" : "Nursing home nurse aide registry", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2803-J*2", "activeDate" : "2014-09-22", "sequenceNo" : 1003, "repealedDate" : null, "fromSection" : "2803-J*2", "toSection" : "2803-J*2", "text" : " * § 2803-j. Nursing home nurse aide registry. 1. The department shall\\ndevelop and maintain, or cause to be developed and maintained, a nurse\\naide registry of individuals who have successfully completed a nurse\\naide training program approved by the commissioner or the commissioner\\nof education or the accrediting body of other states or federal\\nauthorities including the military, and a competency evaluation program\\napproved by the commissioner. The department, or any entity with which\\nthe department contracts, may charge a fee not to exceed one hundred\\nsixty-five dollars, adjusted annually to reflect increases in the\\nconsumer price index for the purposes of implementing the competency\\nevaluation program approved by the commissioner and maintaining the\\nregistry, as provided for in this section.\\n 2. In accordance with federal law and regulation, no charges shall be\\nimposed on a nurse aide for any costs for the nurse aide training or\\ncompetency evaluation program.\\n 3. The nurse aide registry shall include, but not be limited to, the\\nfollowing information:\\n (a) Identification of individuals who have successfully completed a\\nnurse aide training and competency evaluation program, or a nurse aide\\ncompetency evaluation program;\\n (b) Name, address (at time competency test was passed), and date of\\nbirth, of individuals listed in the registry;\\n (c) Name and date of state approved training and competency evaluation\\nprogram successfully completed by an individual; and\\n (d) In accordance with the provisions of section twenty-eight hundred\\nthree-d of this article, findings of instances of physical abuse,\\nmistreatment, neglect or misappropriation of resident property by a\\nnurse aide in a nursing home, and any brief statement by the nurse aide\\ndisputing the findings.\\n 4. Notwithstanding any inconsistent provision of this article, unless\\notherwise required by federal law or regulation as a condition of\\nfederal aid, in which case such law or regulation shall be controlling\\nand the provisions of paragraph a of subdivision seven of section\\ntwenty-eight hundred seven of this article shall not apply, the cost of\\nany fee charged pursuant to subdivision one of this section paid by a\\nresidential health care facility shall be included in rates of payment\\ndetermined in accordance with this article for such residential health\\ncare facility based on estimated costs for a prospective rate period and\\nsubsequently reconciled to actual expenses and statistics for such rate\\nperiod by prospective adjustments of rates of payment.\\n * NB There are 2 § 2803-j's\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2803-K", "title" : "In-patient nasogastric feeding procedures", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2803-K", "activeDate" : "2014-09-22", "sequenceNo" : 1004, "repealedDate" : null, "fromSection" : "2803-K", "toSection" : "2803-K", "text" : " § 2803-k. In-patient nasogastric feeding procedures. The commissioner\\nshall promulgate and administer regulations and policies governing the\\nmaximum size of nasogastric feeding tubes in hospitals and residential\\nhealth care facilities to protect patients from undue discomfort.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2803-L", "title" : "Community service plans", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2803-L", "activeDate" : "2014-09-22", "sequenceNo" : 1005, "repealedDate" : null, "fromSection" : "2803-L", "toSection" : "2803-L", "text" : " § 2803-l. Community service plans. 1. The governing body of a\\nvoluntary non-profit general hospital must issue an organizational\\nmission statement identifying at a minimum the populations and\\ncommunities served by the hospital and the hospital's commitment to\\nmeeting the health care needs of the community.\\n 2. The governing body must at least every three years:\\n (i) review and amend as necessary the hospital mission statement;\\n (ii) solicit the views of the communities served by the hospital on\\nsuch issues as the hospital's performance and service priorities;\\n (iii) demonstrate the hospital's operational and financial commitment\\nto meeting community health care needs, to provide charity care services\\nand to improve access to health care services by the underserved; and\\n (iv) prepare and make available to the public a statement showing on a\\ncombined basis a summary of the financial resources of the hospital and\\nrelated corporations and the allocation of available resources to\\nhospital purposes including the provision of free or reduced charge\\nservices.\\n 3. The governing body must at least annually prepare and make\\navailable to the public an implementation report regarding the\\nhospital's performance in meeting the health care needs of the\\ncommunity, providing charity care services, and improving access to\\nhealth care services by the underserved.\\n 4. The governing body shall file with the commissioner its mission\\nstatement, its annual implementation report, and at least every three\\nyears a report detailing amendments to the statement and reflecting\\nchanges in the hospital's operational and financial commitment to\\nmeeting the health care needs of the community, providing charity care\\nservices, and improving access to health care services by the\\nunderserved.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2803-M", "title" : "Discharge of hospital patients to adult homes", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2803-M", "activeDate" : "2014-09-22", "sequenceNo" : 1006, "repealedDate" : null, "fromSection" : "2803-M", "toSection" : "2803-M", "text" : " § 2803-m. Discharge of hospital patients to adult homes. (1) A patient\\nabout to be discharged as an inpatient from a hospital as defined in\\nsection twenty-eight hundred one of this article to an adult home,\\nenriched housing program or residence for adults as defined in section\\ntwo of the social services law, shall be referred only to such home,\\nprogram or residence that is consistent with that patient's needs and\\nthat operates pursuant to section four hundred sixty of the social\\nservices law. No patient shall be directly referred to any facility that\\nis on the \"do not refer list\" pursuant to subdivision fifteen of section\\nfour hundred sixty-d of the social services law; provided, however, that\\nany patient who was a resident of an adult care facility at the time of\\nhis or her admission to the hospital shall be permitted to return to\\nsuch adult care facility regardless of the status of its operating\\ncertificate.\\n (2) No patient about to be discharged as an inpatient from a hospital\\nshall be referred to any adult home, enriched housing program or\\nresidence for adults, as defined in section two of the social services\\nlaw, where the hospital has received a written notice pursuant to\\nsubdivision eleven of section four hundred sixty-d of the social\\nservices law that such home or residence is subject to enforcement\\nactions by the department; provided, however, that any patient who was a\\nresident of an adult care facility at the time of his or her admission\\nto the hospital shall be permitted to return to such adult care facility\\nregardless of any enforcement actions. Referrals may resume when such\\nenforcement actions are resolved.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2803-N", "title" : "Hospital care for maternity patients", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-02-06", "2019-12-20", "2019-12-27", "2020-04-24", "2020-05-01", "2020-06-19", "2021-02-19", "2021-12-24" ], "docLevelId" : "2803-N", "activeDate" : "2015-02-06", "sequenceNo" : 1007, "repealedDate" : null, "fromSection" : "2803-N", "toSection" : "2803-N", "text" : " § 2803-n. Hospital care for maternity patients. 1. When a general\\nhospital provides maternity care:\\n (a) Inpatient care for mothers and newborns shall be offered for not\\nless than forty-eight hours after childbirth for any delivery other than\\na caesarean section, and for more than forty-eight hours when medically\\nnecessary. For a caesarean section, inpatient care for mothers and\\nnewborns shall be offered for not less than ninety-six hours after\\nchildbirth, and for more than ninety-six hours when medically necessary.\\n (b) Maternity care shall also include, at minimum, parent education,\\nassistance and training in breast or bottle feeding, education on\\nmaternal depression, education on maternal depression screening and\\nreferrals, and the performance of any necessary maternal and newborn\\nclinical assessments. Notwithstanding this requirement, nothing in this\\nparagraph is intended to result in the hospital charging any amount for\\nsuch services in addition to the applicable charge for the maternity\\ninpatient hospital admission.\\n 2. This section shall not limit the mother's option to be discharged\\nearlier than the time periods established in subdivision one of this\\nsection.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2803-O", "title" : "Hospital care for mastectomy, lumpectomy, and lymph node dissection patients", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2022-10-21", "2023-01-13" ], "docLevelId" : "2803-O", "activeDate" : "2014-09-22", "sequenceNo" : 1008, "repealedDate" : null, "fromSection" : "2803-O", "toSection" : "2803-O", "text" : " § 2803-o. Hospital care for mastectomy, lumpectomy, and lymph node\\ndissection patients. 1. When a general hospital provides mastectomy\\nsurgery, lymph node dissection or a lumpectomy, inpatient care shall be\\noffered for a period as determined by the attending physician in\\nconsultation with the patient to be medically appropriate.\\n 2. Every general hospital that provides mastectomy surgery, lymph node\\ndissection or a lumpectomy shall provide information to the patient\\nconcerning the option of reconstructive surgery following such\\nprocedures, including the availability of coverage for reconstructive\\nsurgery, in accordance with the provisions of sections three thousand\\ntwo hundred sixteen, three thousand two hundred twenty-one and four\\nthousand three hundred three of the insurance law and applicable\\nprovisions of federal law. The information shall be provided to the\\npatient in writing and in advance of obtaining consent to the surgical\\nprocedure. The information provided shall include at least the\\nfollowing:\\n (a) a description of the various reconstructive options and the\\nadvantages and disadvantages of each;\\n (b) a description of the provisions assuring coverage by public and\\nprivate insurance plans of the costs related to reconstructive surgery\\nunder federal and state law;\\n (c) a description of how a patient may access reconstructive care,\\nincluding the potential of transferring care to a facility that provides\\nreconstructive care or choosing to pursue reconstruction after\\ncompletion of breast cancer surgery and chemo/radiotherapy, if\\nwarranted;\\n (d) such other information as may be required by the commissioner.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2803-P", "title" : "Disclosure of information concerning family violence", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2803-P", "activeDate" : "2014-09-22", "sequenceNo" : 1009, "repealedDate" : null, "fromSection" : "2803-P", "toSection" : "2803-P", "text" : " § 2803-p. Disclosure of information concerning family violence. 1. As\\nused in this section:\\n (a) Domestic violence shall mean acts as referred to in and qualified\\nby section four hundred fifty-nine-a of the social services law.\\n (b) Child abuse and maltreatment shall have the same meaning as\\nprovided for in section four hundred twelve of the social services law.\\n (c) Family violence shall mean any act which would constitute domestic\\nviolence as defined in paragraph (a) of this subdivision or any act\\nwhich would constitute child abuse and maltreatment as defined in\\nparagraph (b) of this subdivision.\\n 2. Every hospital having maternity and newborn services shall provide\\ninformation concerning family violence to parents of newborn infants at\\nany time prior to the discharge of the mother. Such information shall\\nalso be provided by every diagnostic and treatment center offering\\nprenatal care services to women upon an initial prenatal care visit.\\nThe commissioner shall, in consultation with the state office for the\\nprevention of domestic violence and the department of social services,\\nprepare, produce and transmit such notice to such facilities in\\nquantities sufficient to comply with the requirements of this section.\\nSuch notice shall contain information which shall include but not be\\nlimited to the effects of family violence and the services available to\\nwomen and children experiencing family violence.\\n Such information shall be in clear and concise language readily\\ncomprehensible. Nothing in this section shall preclude a facility from\\nproviding the notice required by this section as an addendum to, or in\\nconnection with, any other information required to be provided by any\\nother provision of law, rule or regulation.\\n 3. No cause of action of whatever nature or kind arising out of a\\nfailure to give or receive the notice required by this section shall\\naccrue to any person against the state or any subdivision or agency\\nthereof or any hospital or diagnostic and treatment center providing\\nprenatal care services.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2803-Q", "title" : "Family councils in residential health care facilities", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2803-Q", "activeDate" : "2014-09-22", "sequenceNo" : 1010, "repealedDate" : null, "fromSection" : "2803-Q", "toSection" : "2803-Q", "text" : " § 2803-q. Family councils in residential health care facilities. 1. As\\nused in this section:\\n (a) Family council means an organization of family members, friends,\\nor representatives of two or more residents of a residential health care\\nfacility, organized to act under this section.\\n (b) Facility means the residential health care facility for which a\\nfamily council is formed.\\n 2. No residential health care facility may prohibit the formation of a\\nfamily council, and, when requested by a member of the resident's family\\nor the resident's representative, the family council shall be allowed to\\nmeet in a common meeting room of the facility, in private without\\nfacility staff at least once a month during mutually agreed upon hours.\\n 3. Facility policies on family councils shall in no way limit the\\nright of residents, family members, and family council members to meet\\nindependently with outside persons, including members of nonprofit or\\ngovernment organizations or with facility personnel during non-working\\nhours.\\n 4. Family councils shall also be provided adequate space on a\\nprominent bulletin board or other posting area for the display of\\nmeeting notices, minutes, newsletters, or other information pertaining\\nto the operation or interest of the family council.\\n 5. Staff or visitors may attend family council meetings, at the\\ngroup's invitation.\\n 6. The facility shall provide a designated staff person who shall be\\nresponsible for providing assistance and responding to written requests\\nthat result from family council meetings.\\n 7. The facility shall consider the views and act upon the grievances\\nand recommendations of a family council concerning proposed policy and\\noperational decisions affecting resident care and life in the facility.\\n 8. The facility shall respond in writing to written requests or\\nconcerns of the family council, within ten working days.\\n 9. When a family council exists, the facility shall include notice of\\nthe family council meetings in at least a quarterly mailing, and shall\\ninform family members or representatives of new residents who are\\nidentified on the admissions agreement, during the admissions process,\\nor in the resident's records, of the existence of the family council.\\nThe notice shall include the time, place, and date of meetings, and the\\nperson to contact regarding involvement in the family council.\\n 10. No facility shall willfully interfere with the formation,\\nmaintenance, or promotion of a family council. For the purposes of this\\nsubdivision, willful interference shall include, but not be limited to,\\ndiscrimination or retaliation in any way against an individual as a\\nresult of his or her participation in a family council, or the willful\\nscheduling of facility events in conflict with a previously scheduled\\nfamily council meeting.\\n 11. Violation of the provisions of this section shall constitute a\\nviolation of the resident's rights pursuant to this chapter.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2803-R", "title" : "Dissemination of information about the abandoned infant protection act", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2803-R", "activeDate" : "2014-09-22", "sequenceNo" : 1011, "repealedDate" : null, "fromSection" : "2803-R", "toSection" : "2803-R", "text" : " § 2803-r. Dissemination of information about the abandoned infant\\nprotection act. 1. All hospitals and clinics shall notify their prenatal\\ncare and obstetric patients of the provisions of the abandoned infant\\nprotection act, using materials provided by the office of children and\\nfamily services. The department shall develop agreements with societies\\nand organizations of medical practitioners under which the department or\\nthe office of children and family services shall provide materials to\\nsuch societies to provide appropriate education and outreach concerning\\nthe abandoned infant protection act to their members and the public.\\nCriminal penalties for violation pursuant to subdivisions one and two of\\nsection twelve-b of this chapter shall not apply to this section.\\n 2. The commissioner, in consultation with the office of children and\\nfamily services, shall adopt rules and regulations necessary to\\nimplement this section.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2803-S", "title" : "Access to product recall information", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2803-S", "activeDate" : "2014-09-22", "sequenceNo" : 1012, "repealedDate" : null, "fromSection" : "2803-S", "toSection" : "2803-S", "text" : " § 2803-s. Access to product recall information. The commissioner shall\\nrequire that every hospital and birth center distribute at the time of\\npre-booking or admission directly to each maternity patient and, upon\\nrequest, to the general public an informational leaflet. Such leaflet\\nshall be designed by the commissioner in conjunction with the secretary\\nof state and shall contain information detailing how parents or\\nguardians of infants and children can subscribe to the United States\\nconsumer product safety commission's e-mail subscription lists to\\nreceive consumer product recall and safety news by e-mail from the\\nUnited States consumer product safety commission and such other material\\nas deemed appropriate by the commissioner. Such leaflet shall be made\\navailable to hospitals and birth centers by the department on its\\nwebsite and shall be provided in English, as well as the top six\\nlanguages other than English spoken in the state according to the latest\\navailable data from the United States Bureau of Census.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2803-T", "title" : "Preadmission information", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2014-10-24", "2024-12-27", "2025-02-21", "2025-06-27" ], "docLevelId" : "2803-T", "activeDate" : "2014-10-24", "sequenceNo" : 1013, "repealedDate" : null, "fromSection" : "2803-T", "toSection" : "2803-T", "text" : " § 2803-t. Preadmission information. Any hospital that provides\\npreadmission information to a patient, shall offer a blind or visually\\nimpaired patient a large print version or, at the patient's or patient's\\nrepresentative's request, an audio recording, to be made available to\\nsuch patient or such patient's representative on compact disc or other\\nmedium as the hospital may offer, or as an electronically transmitted\\ndigital file, in addition to a written copy of any preadmission\\ninformation.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2803-U", "title" : "Hospital substance use disorder policies and procedures", "docType" : "SECTION", "publishedDates" : [ "2016-07-01", "2016-12-23", "2019-04-19" ], "docLevelId" : "2803-U", "activeDate" : "2019-04-19", "sequenceNo" : 1014, "repealedDate" : null, "fromSection" : "2803-U", "toSection" : "2803-U", "text" : " § 2803-u. Hospital substance use disorder policies and procedures. 1.\\nThe office of alcoholism and substance abuse services, in consultation\\nwith the department, shall develop or utilize existing educational\\nmaterials to be provided to general hospitals to disseminate to\\nindividuals with a documented substance use disorder or who appear to\\nhave or be at risk for a substance use disorder during discharge\\nplanning pursuant to section twenty-eight hundred three-i of this\\narticle. Such materials shall include information regarding the various\\ntypes of treatment and recovery services, including but not limited to:\\ninpatient, outpatient, and medication-assisted treatment; how to\\nrecognize the need for treatment services; information for individuals\\nto determine what type and level of treatment is most appropriate and\\nwhat resources are available to them; and any other information the\\ncommissioner deems appropriate. General hospitals shall include in their\\npolicies and procedures treatment protocols, consistent with medical\\nstandards, to be utilized by the emergency departments in general\\nhospitals for the appropriate use of medication-assisted treatment,\\nincluding buprenorphine, prior to discharge, or referral protocols for\\nevaluation of medication-assisted treatment when initiation in an\\nemergency department of a general hospital is not feasible.\\n 2. Every general hospital shall: (a) within existing or in addition to\\ncurrent policies and procedures, develop, maintain and disseminate,\\nwritten policies and procedures, for the identification, assessment and\\nreferral of individuals with a documented substance use disorder or who\\nappear to have or be at risk for a substance use disorder as defined in\\nsection 1.03 of the mental hygiene law;\\n (b) establish and implement training, within existing or in addition\\nto current training programs, for all individuals licensed or certified\\npursuant to title eight of the education law who provide direct patient\\ncare regarding the policies and procedures established pursuant to this\\nsection; and\\n (c) except where an individual has come into the hospital under\\nsection 22.09 of the mental hygiene law, if the hospital does not\\ndirectly provide substance use disorder services, then it shall refer\\nindividuals in need of substance use disorder services to and coordinate\\nwith substance use disorder services programs that provide behavioral\\nhealth services, as defined in section 1.03 of the mental hygiene law.\\n 3. Upon commencement of treatment, admission, or discharge of an\\nindividual with a documented substance use disorder or who appears to\\nhave or be at risk for a substance use disorder, including discharge\\nfrom the emergency department, such hospital shall inform the individual\\nof the availability of the substance use disorder treatment services\\nthat may be available to them through a substance use disorder services\\nprogram.\\n 4. The commissioner, in consultation with the commissioner of the\\noffice of alcoholism and substance abuse services, shall make\\nregulations as may be necessary and proper to carry out the provisions\\nof this section.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2803-V", "title" : "Lymphedema information distribution", "docType" : "SECTION", "publishedDates" : [ "2018-10-05", "2018-12-14", "2019-02-01" ], "docLevelId" : "2803-V", "activeDate" : "2019-02-01", "sequenceNo" : 1015, "repealedDate" : null, "fromSection" : "2803-V", "toSection" : "2803-V", "text" : " * § 2803-v. Lymphedema information distribution. 1. For the purposes\\nof this section, the term \"lymphedema\" shall mean an accumulation of\\nfluid in the interstitial tissue that causes swelling, most often in the\\narms and/or legs, and occasionally in other parts of the body, from any\\ncause.\\n 2. The commissioner shall design an informational packet about\\nlymphedema and shall require that every general hospital distribute such\\npacket to all patients at high risk of developing lymphedema. Patients\\ndeemed high risk shall include:\\n (a) patients who experience any significant injury to soft tissue that\\ncould reasonably be expected, using sound medical judgment, as a result\\nof severity and nature thereof, to compromise or cause to be ineffective\\nthe drainage of the lymphatic system;\\n (b) patients who experience recurrent or persistent bacterial\\ninfections that could reasonably be expected, using sound medical\\njudgment, as a result of severity and nature thereof, to compromise or\\ncause to be ineffective the drainage of the lymphatic system; or\\n (c) patients who have had corrective surgical procedures performed\\nthat may have interfered with the lymph drainage by severing local\\nlymphatics in a manner that may jeopardize reconstitution and recovery\\nof lymph drainage.\\n * NB There are 2 § 2803-v's\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2803-V*2", "title" : "Standing orders for newborn care in a hospital", "docType" : "SECTION", "publishedDates" : [ "2018-12-14", "2019-04-12" ], "docLevelId" : "2803-V*2", "activeDate" : "2019-04-12", "sequenceNo" : 1016, "repealedDate" : null, "fromSection" : "2803-V*2", "toSection" : "2803-V*2", "text" : " * § 2803-v. Standing orders for newborn care in a hospital. 1. A\\nhospital may establish standing orders for the care of newborns in the\\nhospital until the discharge of the newborn from the hospital following\\nthe birth, which may authorize an attending nurse to provide services\\nand care to healthy newborns.\\n 2. As used in this section, unless the context clearly requires\\notherwise:\\n (a) \"Hospital\" means a hospital that routinely provides perinatal care\\nto newborns.\\n (b) \"Attending practitioner\" means the physician, nurse practitioner,\\nphysician assistant or midwife, acting within his or her lawful scope\\nand terms of practice, attending the birth or postnatal care of a\\nnewborn in a hospital.\\n (c) \"Attending nurse\" means a registered nurse attending the postnatal\\ncare of a newborn, acting within his or her lawful scope of practice.\\n (d) \"Standing order\" means a non-patient specific order for the care\\nof healthy newborns in the hospital, established under this section.\\n 3. A standing order may be implemented in the case of any newborn when\\n(a) directed by the attending practitioner, or (b) in the absence of a\\nspecific direction by the attending practitioner, the attending nurse\\ndetermines, in his or her professional judgment, that implementing the\\nstanding order for the newborn is clinically appropriate and consistent\\nwith the standing order, the hospital's policies and applicable\\nregulations. The standing order shall not be implemented in a specific\\nsituation where the hospital's policies, the standing order, or\\napplicable regulations provide otherwise.\\n 4. (a) A standing order shall provide for the circumstances in which\\nthe condition or change in condition of the newborn or the newborn's\\nmother, or other circumstances relating to providing services and care\\nto the newborn, require departure from the terms of the standing order.\\n (b) Where an attending nurse implementing a standing order becomes\\naware of circumstances that, in his or her professional judgment,\\nreasonably indicate a need to depart from the terms of the standing\\norder, he or she shall so advise the attending practitioner. In such\\ncircumstances, if the attending nurse determines, in his or her\\nprofessional judgment, that the health of the newborn requires departing\\nfrom the standing order prior to receiving direction from the attending\\npractitioner, the attending nurse may do so, consistent with his or her\\nlawful scope of practice, the hospital's policies and applicable\\nregulations.\\n (c) The standing order shall provide, including the times and manner,\\nthat an attending practitioner shall review and acknowledge in writing\\nthe services and care provided to the newborn under the standing order\\nand the condition of the newborn.\\n 5. (a) A standing order may provide for circumstances in which it\\nshall not be implemented, or implemented only at the order of an\\nattending practitioner, which may include but not be limited to:\\n (i) lack of or inadequate prenatal care;\\n (ii) a birth not attended by an attending practitioner;\\n (iii) a birth not occurring in a hospital; or\\n (iv) a premature or low birth weight birth.\\n (b) A standing order shall be dated, timed, and authenticated promptly\\nin the patient's medical record by the attending practitioner acting in\\naccordance with law, including scope-of-practice laws, hospital\\npolicies, and medical staff bylaws, rules and regulations.\\n 6. A standing order may be implemented only if the implementing\\nhospital:\\n (a) establishes that the order has been reviewed and approved by the\\nhospital's medical staff and nursing and pharmacy leadership, and signed\\nby a physician affiliated with the hospital or, in the case of a\\nmidwifery birth center, by a midwife affiliated with the hospital;\\n (b) demonstrates that the order is consistent with nationally\\nrecognized evidence-based guidelines; and\\n (c) ensures that the periodic and regular review of the order is\\nconducted by the hospital's medical staff and nursing and pharmacy\\nleadership to determine the continuing usefulness and safety of the\\norder.\\n 7. A standing order is a medical regimen; it shall be consistent with\\nthe lawful scope of practice of a registered nurse.\\n 8. The commissioner may make regulations governing the terms,\\nprocedures and implementation of standing orders.\\n * NB There are 2 § 2803-v's\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2804", "title" : "Units for hospital and health-related affairs", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2804", "activeDate" : "2014-09-22", "sequenceNo" : 1017, "repealedDate" : null, "fromSection" : "2804", "toSection" : "2804", "text" : " § 2804. Units for hospital and health-related affairs. 1. The\\ncommissioner shall establish within the department a unit for hospital\\naffairs to assist him in carrying out the provisions of this article.\\n 2. The commissioner shall establish within the department a unit to\\nassist him in carrying out the provisions of this article relating to\\nfacilities providing health-related service. He shall also appoint a\\ncouncil to advise on matters affecting health-related service.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2804-A", "title" : "State task force on clinical practice guidelines and medical technology assessment", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2804-A", "activeDate" : "2014-09-22", "sequenceNo" : 1018, "repealedDate" : null, "fromSection" : "2804-A", "toSection" : "2804-A", "text" : " * § 2804-a. State task force on clinical practice guidelines and\\nmedical technology assessment.\\n 1. A state task force is hereby created on clinical practice\\nguidelines and medical technology assessment which shall consist of\\nsixteen members. At least half of the membership shall be physicians\\ncertified by specialty society boards officially recognized by the\\nAmerican Board of Medical Specialties. Such physician board members\\nshall be selected from nominees recommended by specialty societies\\nrecognized by the American Board of Medical Specialties. Appointments\\nshall be made as follows: six shall be appointed by the governor of\\nwhich at least two shall be from specialty society nominees; four shall\\nbe appointed by the temporary president of the senate of which at least\\ntwo shall be from specialty society nominees; four shall be appointed by\\nthe speaker of the assembly of which at least two shall be from\\nspecialty society nominees; and one each shall be appointed by the\\nminority leaders of the senate and assembly both of whom shall be\\nspecialty society nominees. The commissioner shall also serve as an ex\\nofficio member of the task force. The membership of the task force shall\\nappoint a chairperson who shall be selected by a majority vote of the\\ntask force membership. All appointments shall be made by April first,\\nnineteen hundred ninety-four.\\n 2. For the purposes of this section, the following terms shall have\\nthe following meanings: (a) \"clinical practice guidelines\" shall mean\\nsystematically developed statements to assist physician and patient\\ndecisions about appropriate health care for specific clinical\\ncircumstances; and\\n (b) \"medical technology\" shall mean an instrument or unit of equipment\\nor technique for use as a health related treatment, testing or\\ndiagnostic tool.\\n 3. Task force members shall receive no compensation but shall be\\nreimbursed for travel expenses incurred in the performance of their\\nduties.\\n 4. The task force may establish medical specialty advisory committees\\nto assist in carrying out its responsibilities pursuant to this section.\\n 5. The task force shall solicit the cooperation and participation of\\nmedical specialty organizations recognized by the American Board of\\nMedical Specialties with clinical practice guideline experience. The\\nstate task force shall meet as necessary to fulfill its\\nresponsibilities.\\n 6. The task force, in consultation with the commissioner, shall\\nsolicit specific research and/or project proposals from medical\\nspecialty societies recognized by the American Board of Medical\\nSpecialties to promote the development and application of clinical\\npractice guidelines and appropriate use of medical technology.\\nSpeciality societies, at their option, may incorporate the involvement\\nof any other organization which they deem appropriate into their\\nproposal. The task force shall then recommend to the commissioner\\nspecific research projects to be undertaken by such specialty society\\ncandidates for grants and contracts pursuant to subdivision fifteen of\\nsection two hundred six of this chapter. The task force shall not\\nrecommend any projects for the purpose of developing clinical practice\\nguideline-based reimbursement methodologies or any other regulations.\\n 7. The task force in cooperation with the medical specialty\\norganizations recognized by the American Board of Medical Specialties\\nshall issue a report to the governor and legislature by May first,\\nnineteen hundred ninety-five which shall:\\n (i) describe the current status of practice guidelines, their uses and\\ntheir impact on health care delivery and outcomes;\\n (ii) identify appropriate uses of practice guidelines and medical\\ntechnology for purposes of improving health care quality and efficiency;\\n (iii) identify inappropriate uses or applications of practice guide-\\nlines and medical technology;\\n (iv) identify by what means the uses of practice guidelines should be\\nfacilitated, if appropriate or warranted; and\\n (v) identify what role, if any, state government should have relative\\nto practice guidelines.\\n 8. Staff of the department shall be made available to provide\\ntechnical assistance to the task force as necessary.\\n * NB Expired June 30, 1996\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2805", "title" : "Approval of hospitals; operating certificates", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2805", "activeDate" : "2014-09-22", "sequenceNo" : 1019, "repealedDate" : null, "fromSection" : "2805", "toSection" : "2805", "text" : " § 2805. Approval of hospitals; operating certificates. 1. No hospital\\nshall be operated unless it shall: (a) possess a valid operating\\ncertificate issued pursuant to this article, which certificate may\\nspecify the kind or kinds of hospital services the facility is\\nauthorized to provide; (b) establish and maintain a uniform system of\\ncost analysis approved by the commissioner; and (c) establish and\\nmaintain a uniform system of reports and audits meeting the requirements\\nof the commissioner.\\n 2. (a) Application for an operating certificate for a hospital shall\\nbe made upon forms prescribed by the department. The application shall\\ncontain the name of the hospital, the kind or kinds of hospital service\\nto be provided, the location and physical description of the\\ninstitution, and such other information as the department may require.\\n (b) An operating certificate shall not be issued by the department\\nunless it finds that the premises, equipment, personnel, rules and\\nby-laws, standards of medical care, and hospital service are fit and\\nadequate and that the hospital will be operated in the manner required\\nby this article and rules and regulations thereunder.\\n (d) In the case of a state, county or municipal hospital an operating\\ncertificate shall not be issued by the department unless the hospital\\nmaintains a record of all charges and collections made by any person,\\npartnership, organization or other entity whatsoever for services\\nrendered to patients in such hospital, including, but not limited to,\\nthe person making the charge, the amount of the charge and the purpose\\nfor which the charge was made. Such record shall be made in a form\\nacceptable to the commissioner and include any charges relating to\\nadmission to or discharge from such hospital.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2805-A", "title" : "Disclosure of financial transactions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2025-05-16" ], "docLevelId" : "2805-A", "activeDate" : "2014-09-22", "sequenceNo" : 1020, "repealedDate" : null, "fromSection" : "2805-A", "toSection" : "2805-A", "text" : " § 2805-a. Disclosure of financial transactions. 1. Every general\\nhospital operating under the provisions of this article shall file with\\nthe commissioner of health within one hundred twenty days after the end\\nof its fiscal year a certified report showing its financial condition\\nand all of its financial transactions, including receipts and\\nexpenditures during the fiscal year.\\n The report shall be in such form as shall disclose all financial\\ntransactions as the commissioner of health may determine necessary to\\ndisclose accurately and specifically the financial condition of each\\nhospital and its expenditures for the preceding year including but not\\nlimited to:\\n (a) Its operations and accomplishments.\\n (b) Its receipts and disbursements, or revenues and expenses, during\\nsuch fiscal year in accordance with generally accepted accounting\\nprinciples by categories, clinical services and departments as set forth\\nunder the by-laws of the institution and including but not limited to\\nsalaries and other benefits, personnel expenses, operating expenses,\\nequipment and supplies, and all other direct and indirect disbursements\\nallocated to each department and clinical service.\\n (c) Assets and liabilities at the end of its fiscal year including the\\nstatus of reserves, depreciation, special or other funds, and including\\nthe receipts and payments of these funds.\\n (d) Loans and investments, interest, rents and profits from\\ninvestments of the hospital.\\n (e) The location of any real property owned by the hospital.\\n 2. Every general hospital shall also submit:\\n (a) A report of hospital expenses incurred in providing services\\nduring the period covered by the reports required under this section for\\nwhich payment was not received and is not anticipated for such periods\\nfor which pool distributions pursuant to section twenty-eight hundred\\nseven-c or section twenty-eight hundred seven-k of this article are made\\nrelated to such expenses. The report shall be completed in accordance\\nwith regulations developed by the council and approved by the\\ncommissioner which shall include definitions for bad debts and charity\\ncare. The report shall identify as bad debts or charity care the cost of\\nservices provided to emergency inpatients, non-emergency inpatients,\\nemergency ambulatory patients, clinic patients and referred or private\\nambulatory patients for which the hospital did not receive and does not\\nanticipate payment.\\n (b) A statement of anticipated capital related expenses as defined in\\nsubdivision eight of section twenty-eight hundred seven-c of this\\narticle for the forthcoming calendar year at least one hundred twenty\\ndays, or such shorter period as the commissioner shall determine, prior\\nto the commencement of such year. The report shall be completed in\\naccordance with subdivision eight of section twenty-eight hundred\\nseven-c of this article and any regulations adopted pursuant thereto.\\n 3. Every general hospital shall submit a monthly report of gross\\ninpatient revenue received and within one hundred twenty days after the\\nend of the calendar year a certified annual report of gross inpatient\\nrevenue received for hospital inpatient service provided on or after\\nJanuary first, nineteen hundred eighty-eight through December\\nthirty-first, nineteen hundred ninety-nine and on and after January\\nfirst, two thousand. The reports shall be in such form as may be\\nprescribed by the commissioner to accurately disclose gross inpatient\\nrevenue received.\\n 4. The commissioner may, to effectuate the purpose of this article,\\nvary the nature of the report required according to the size or capacity\\nof the hospital.\\n The contents of all reports submitted hereunder shall be public\\ninformation and such reports shall be available for public inspection\\nunder such conditions as the commissioner shall prescribe.\\n The commissioner of health when he has reasonable cause to believe\\nthat the books or records do not accurately reflect the financial\\ncondition and/or financial transactions of the hospital, may examine the\\nbooks and records of the hospital, subpoena witnesses and documents and\\nmake such other investigation as is necessary to enable him to determine\\nthe facts relative thereto.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2805-B", "title" : "Admission of patients and emergency treatment of nonadmitted patients", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2016-04-22", "2016-06-17", "2016-09-09", "2016-12-09", "2019-04-19", "2020-04-17", "2022-04-22", "2023-04-07", "2024-05-03", "2025-05-16", "2025-06-13", "2025-06-20" ], "docLevelId" : "2805-B", "activeDate" : "2019-04-19", "sequenceNo" : 1021, "repealedDate" : null, "fromSection" : "2805-B", "toSection" : "2805-B", "text" : " § 2805-b. Admission of patients and emergency treatment of nonadmitted\\npatients. 1. Every general hospital shall admit any person who is in\\nneed of immediate hospitalization with all convenient speed and shall\\nnot before admission question the patient or any member of his or her\\nfamily concerning insurance, credit or payment of charges, provided,\\nhowever, that the patient or a member of his or her family shall agree\\nto supply such information promptly after the patient's admission.\\nHowever, no general hospital shall require any patient or member of his\\nor her family to write or to sign during those times when the religious\\ntenets of such person temporarily prohibit him or her from performing\\nsuch acts. No general hospital shall transfer any patient to another\\nhospital or health care facility on the grounds that the patient is\\nunable to pay or guarantee payment for services rendered. Every general\\nhospital which maintains facilities for providing out-patient emergency\\nmedical care must provide such care to any person who, in the opinion of\\na physician, requires such care.\\n 2. In cities with a population of one million or more, (a) a general\\nhospital shall provide emergency medical care and treatment to all\\npersons in need of such care and treatment who arrive at the entrance to\\nsuch hospital therefor. Any general hospital which fails to provide such\\ntreatment shall be guilty of a misdemeanor. However, the commissioner\\nmay exempt a general hospital from the provisions of this paragraph if\\nhe determines such general hospital is structured to provide specialized\\nor limited treatment.\\n (b) Any licensed medical practitioner who refuses to treat a person\\narriving at a general hospital to receive emergency medical treatment\\nwho is in need of such treatment; or any person who in any manner\\nexcludes, obstructs or interferes with the ingress of another person\\ninto a general hospital who appears there for the purpose of being\\nexamined or diagnosed or treated; or any person who obstructs or\\nprevents such other person from being examined or diagnosed or treated\\nby an attending physician thereat shall be guilty of a misdemeanor and\\nsubject to a term of imprisonment not to exceed one year and a fine not\\nto exceed one thousand dollars. Any emergency medical technician,\\nparamedic or ambulance driver who transports a person to a general\\nhospital where such person is refused entrance by anyone or is refused\\nexamination, diagnosis or treatment by an attending physician thereat\\nshall report all such incidents to the state commissioner of health or\\nhis designee, on a form which shall be promulgated by such commissioner.\\nAfter examination, diagnosis and treatment by an attending physician and\\nwhere, in the opinion of such physician, the patient has been stabilized\\nsufficiently to permit it, subsequent medical care may be provided or\\nprocured by the general hospital at a location other than the general\\nhospital if, in the opinion of the attending physician, it is in the\\nbest interest of the patient because the general hospital does not have\\nthe proper equipment or personnel at hand to deal with the particular\\nmedical emergency or because all appropriate beds are filled and none\\nare likely to become available within a reasonable time after the\\npatient has been stabilized.\\n (c) Whenever a previously stabilized emergency room patient is\\nthereafter transferred for medical care to another location by means of\\nan ambulance, the attending physician authorizing the transfer in the\\ngeneral hospital from which the patient is transferred shall determine\\nthat a receiving hospital is available and willing to receive such\\npatient and that an attending physician thereat is available and willing\\nto admit such patient. Just prior to the transfer, the emergency medical\\ntechnician or paramedic assigned to accompany the patient in the\\nambulance shall be provided with a completed form which shall include at\\nleast the following information and such additional information as the\\ncommissioner may require:\\n (i) the patient's name;\\n (ii) the diagnosed condition of the patient;\\n (iii) any treatment administered to the patient;\\n (iv) any medication given to the patient;\\n (v) the name of the physician ordering the transfer;\\n (vi) the name of the hospital from which the patient is being\\ntransferred;\\n (vii) the name of the physician or physicians who is or are willing\\nand authorized to receive the patient at the new location;\\n (viii) the name of the hospital or other facility that is to receive\\nthe patient;\\n (ix) the date and time of transfer; and\\n (x) the signature of the physician ordering the transfer.\\n The form for this purpose shall be promulgated by the commissioner and\\ndistributed to all general hospitals in any such city. The completed\\nform shall be given to the receiving facility upon completion of the\\nambulance trip for use by the receiving physician.\\n * 3. A general hospital within a city with a population of one million\\nor more may request the emergency medical service of such city's health\\nand hospitals corporation or any person, firm, organization or\\ncorporation providing ambulance service to divert ambulances to another\\nhospital only under the following circumstances:\\n A request for diversion of emergency patients with life threatening\\nconditions shall only be made by a hospital when acceptance of an\\nadditional critical patient may endanger the life of that patient or the\\nlife of another patient. A request for the diversion of other emergency\\npatients shall only be made when all appropriate beds are filled and\\nshall be withdrawn as soon as a bed is available. Notwithstanding the\\nforegoing, all requests for diversion must be renewed at the beginning\\nof each tour of duty as designated by the emergency medical service of\\nsuch city's health and hospitals corporation.\\n Diversion of patients with certain medical conditions which, in the\\nbest interest of the patients, require their transport directly to\\nspecialty referral centers shall be permitted following the designation\\nof such specialty referral centers. Diversion of patients with\\npsychiatric conditions to comprehensive psychiatric emergency programs,\\nas such term is defined in section 1.03 of the mental hygiene law, and\\nsubject to the provisions of section 31.27 of such law, shall only be\\npermitted following the designation of the programs by the commissioners\\nof health and mental health to receive such patients.\\n * NB Effective until July 1, 2020\\n * 3. A general hospital within a city with a population of one million\\nor more may request the emergency medical service of such city's health\\nand hospitals corporation or any person, firm, organization or\\ncorporation providing ambulance service to divert ambulances to another\\nhospital only under the following circumstances:\\n A request for diversion of emergency patients with life threatening\\nconditions shall only be made by a hospital when acceptance of an\\nadditional critical patient may endanger the life of that patient or the\\nlife of another patient. A request for the diversion of other emergency\\npatients shall only be made when all appropriate beds are filled and\\nshall be withdrawn as soon as a bed is available. Notwithstanding the\\nforegoing, all requests for diversion must be renewed at the beginning\\nof each tour of duty as designated by the emergency medical service of\\nsuch city's health and hospitals corporation.\\n Diversion of patients with certain medical conditions which, in the\\nbest interest of the patients, require their transport directly to\\nspecialty referral centers shall be permitted following the designation\\nof such specialty referral centers.\\n * NB Effective July 1, 2020\\n 4. Nothing in this section shall be construed to deny to the attending\\nphysician the right to evaluate the medical needs of persons arriving at\\nthe hospital for emergency treatment and to delay or deny medical\\ntreatment where, in the opinion of the attending physician, no actual\\nmedical emergency exists. However, no person actually in need of\\nemergency treatment, as determined by the attending physician, shall be\\ndenied such treatment by a general hospital in cities with a population\\nof one million or more for any reason whatsoever.\\n 5. The staff of a general hospital shall: (a) inquire whether or not\\nthe person admitted has served in the United States armed forces. Such\\ninformation shall be listed on the admissions form; (b) notify any\\nadmittee who is a veteran of the possible availability of services at a\\nhospital operated by the United States veterans health administration,\\nand, upon request by the admittee, such staff shall make arrangements\\nfor the individual's transfer to a United States veterans health\\nadministration hospital, provided, however, that transfers shall be\\nauthorized only after it has been determined, according to accepted\\nclinical and medical standards, that the patient's condition has\\nstabilized and transfer can be accomplished safely and without\\ncomplication; and (c) provide any admittee who has served in the United\\nStates armed forces with a copy of the \"Information for Veterans\\nconcerning Health Care Options\" fact sheet, maintained by the division\\nof veterans' services pursuant to subdivision twenty-three of section\\nthree hundred fifty-three of the executive law prior to discharging or\\ntransferring the patient. The commissioner shall promulgate rules and\\nregulations for notifying such admittees of possible available services\\nand for arranging a requested transfer.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2805-C", "title" : "Every private proprietary nursing home having a capacity of eighty patients or more may have a licensed medical doctor in attendance, upo...", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2805-C", "activeDate" : "2014-09-22", "sequenceNo" : 1022, "repealedDate" : null, "fromSection" : "2805-C", "toSection" : "2805-C", "text" : " § 2805-c. Every private proprietary nursing home having a capacity of\\neighty patients or more may have a licensed medical doctor in\\nattendance, upon the premises, for the care and treatment of patients.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2805-D", "title" : "Limitation of medical, dental or podiatric malpractice action based on lack of informed consent", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2805-D", "activeDate" : "2014-09-22", "sequenceNo" : 1023, "repealedDate" : null, "fromSection" : "2805-D", "toSection" : "2805-D", "text" : " § 2805-d. Limitation of medical, dental or podiatric malpractice\\naction based on lack of informed consent. 1. Lack of informed consent\\nmeans the failure of the person providing the professional treatment or\\ndiagnosis to disclose to the patient such alternatives thereto and the\\nreasonably foreseeable risks and benefits involved as a reasonable\\nmedical, dental or podiatric practitioner under similar circumstances\\nwould have disclosed, in a manner permitting the patient to make a\\nknowledgeable evaluation.\\n 2. The right of action to recover for medical, dental or podiatric\\nmalpractice based on a lack of informed consent is limited to those\\ncases involving either (a) non-emergency treatment, procedure or\\nsurgery, or (b) a diagnostic procedure which involved invasion or\\ndisruption of the integrity of the body.\\n 3. For a cause of action therefor it must also be established that a\\nreasonably prudent person in the patient's position would not have\\nundergone the treatment or diagnosis if he had been fully informed and\\nthat the lack of informed consent is a proximate cause of the injury or\\ncondition for which recovery is sought.\\n 4. It shall be a defense to any action for medical, dental or\\npodiatric malpractice based upon an alleged failure to obtain such an\\ninformed consent that:\\n (a) the risk not disclosed is too commonly known to warrant\\ndisclosure; or\\n (b) the patient assured the medical, dental or podiatric practitioner\\nhe would undergo the treatment, procedure or diagnosis regardless of the\\nrisk involved, or the patient assured the medical, dental or podiatric\\npractitioner that he did not want to be informed of the matters to which\\nhe would be entitled to be informed; or\\n (c) consent by or on behalf of the patient was not reasonably\\npossible; or\\n (d) the medical, dental or podiatric practitioner, after considering\\nall of the attendant facts and circumstances, used reasonable discretion\\nas to the manner and extent to which such alternatives or risks were\\ndisclosed to the patient because he reasonably believed that the manner\\nand extent of such disclosure could reasonably be expected to adversely\\nand substantially affect the patient's condition.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2805-E", "title" : "Reports of residential health care facilities", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2805-E", "activeDate" : "2014-09-22", "sequenceNo" : 1024, "repealedDate" : null, "fromSection" : "2805-E", "toSection" : "2805-E", "text" : " § 2805-e. Reports of residential health care facilities. 1. Every\\nresidential health care facility operating under the provisions of this\\narticle shall, within one hundred twenty days after the end of its\\nfiscal year, file an annual report with the commissioner of health. Said\\nannual report shall be in such form and shall contain such information\\nas shall be prescribed by the commissioner of health, including the\\nfollowing:\\n (a) A balance sheet of the facility as of the end of such fiscal year,\\nsetting forth assets and liabilities at such date, including all\\ncapital, surplus, reserve, depreciation and similar accounts.\\n (b) A statement of operations of the facility for such fiscal year,\\nsetting forth all revenues, expenses, taxes, extraordinary items and\\nother credits or charges.\\n (c) The name and address of each of the following persons:\\n (i) the operator of the facility;\\n (ii) any person who, directly or indirectly, beneficially owns any\\ninterest in the land on which the facility is located;\\n (iii) any person who, directly or indirectly, beneficially owns any\\ninterest in the building in which the facility is located;\\n (iv) any person who, directly or indirectly, beneficially owns any\\ninterest in any mortgage, note, deed of trust or other obligation\\nsecured in whole or in part by the land on which or building in which\\nthe facility is located; and\\n (v) any person who, directly or indirectly, has any interest as lessor\\nor lessee in any lease or sub-lease of the land on which or the building\\nin which the facility is located.\\n (d) If the facility or any person named in response to paragraph (c)\\nis a partnership, then the name and address of each partner.\\n (e) If the facility or any person named in response to paragraph (c)\\nis a corporation, other than a corporation whose shares are traded on a\\nnational securities exchange or are regularly quoted in an\\nover-the-counter market or which is a commercial bank, savings bank or\\nsavings and loan association, then the name and address of each officer,\\ndirector, stockholder, and, if known, each principal stockholder and\\ncontrolling person of such corporation.\\n (f) If any corporation named in response to paragraph (c) is a\\ncorporation whose shares are traded on a national securities exchange or\\nare regularly quoted in an over-the-counter market or which is a\\ncommercial bank, savings bank or savings and loan association, then the\\nname and address of the principal executive officers and each director\\nand, if known, each principal stockholder of such corporation.\\n (g) If the facility paid or received an aggregate of five hundred\\ndollars or more during the fiscal year in connection with transactions\\nwith any person named in response to paragraphs (c), (d), (e) or (f) or\\nany affiliate of said person, a description of the transactions, naming\\nthe parties thereto and describing the relationships which require the\\ntransactions to be described and the goods, services, payment or other\\nconsideration received by each party to the transactions.\\n (h) If known, the nature and amount of any interest in, or\\nrelationship with, any other residential health care facility, held by\\nany person named in response to paragraph (c) above, or by any affiliate\\nof such person.\\n 2. The following definitions shall be applicable to this section and\\nto any reports filed pursuant hereto:\\n (a) \"Affiliate\" means:\\n (i) with respect to a partnership, each partner thereof;\\n (ii) with respect to a corporation, each officer, director, principal\\nstockholder and controlling person thereof;\\n (iii) with respect to a natural person (a) each member of said\\nperson's immediate family, (b) each partnership and each partner thereof\\nof which said person or any affiliate of said person is a partner, and\\n(c) each corporation in which said person or any affiliate of said\\nperson is an officer, director, principal stockholder or controlling\\nperson.\\n (b) \"Controlling person\" of any corporation, partnership or other\\nentity means any person who by reason of a direct or indirect ownership\\ninterest (whether of record or beneficial) has the ability, acting\\neither alone or in concert with others with ownership interests, to\\ndirect or cause the direction of the management or policies of said\\ncorporation, partnership or other entity. Neither the commissioner nor\\nany employee of the department nor any member of a local legislative\\nbody of a county or municipality, nor any county or municipal official\\nexcept when acting as the administrator of a residential health care\\nfacility, shall by reason of his or her official position, be deemed a\\ncontrolling person of any corporation, partnership or other entity nor\\nshall any person who serves as an officer, administrator or other\\nemployee of any corporation, partnership or other entity or as a member\\nof a board of directors or trustees of any corporation be deemed to be a\\ncontrolling person of such corporation, partnership or other entity as a\\nresult of such position or his or her official actions in such position.\\n (c) \"Immediate family\" of any person includes each parent, child,\\nspouse, brother, sister, first cousin, aunt and uncle of such person,\\nwhether such relationship arises by reason of birth, marriage or\\nadoption.\\n (d) \"Principal stockholder\" of a corporation means any person who\\nbeneficially owns, holds or has the power to vote, ten percent or more\\nof any class of securities issued by said corporation.\\n 3. Every report filed by a residential health care facility pursuant\\nto this section shall contain a written statement, sworn to by or on\\nbehalf of such facility and the operator of such facility, to the effect\\nthat the report is, to the best of such person's knowledge, true and\\ncomplete and prepared in accordance with the provisions of this section.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2805-F", "title" : "Money deposited or advanced for admittance to nursing homes; waiver void; administration expenses", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2805-F", "activeDate" : "2014-09-22", "sequenceNo" : 1025, "repealedDate" : null, "fromSection" : "2805-F", "toSection" : "2805-F", "text" : " § 2805-f. Money deposited or advanced for admittance to nursing homes;\\nwaiver void; administration expenses. 1. Whenever money shall be\\ndeposited or advanced on a contract or license agreement for admittance\\nto a nursing home as security for performance of the contract or\\nagreement or to be applied to payments upon such contract or agreement\\nwhen due, such money, with interest accruing thereon, until repaid or so\\napplied, shall continue to be the money of the person making such\\ndeposit or advance and shall be held in trust by the person with whom\\nsuch deposit or advance shall be made and shall not be mingled with the\\npersonal moneys or become an asset of the person receiving the same.\\n 2. The person receiving money so deposited or advanced shall deposit\\nsuch money in an interest bearing account in a banking organization\\nprovided, however, that monies which are advanced pursuant to the\\nprovisions of subdivision one of this section for the purpose of being\\napplied to payments in performance of a contract or license agreement\\nwhen due need not be deposited in an interest bearing account until the\\nsixty-first day next succeeding the day upon which such money was\\ndeposited or advanced. Such person shall thereupon notify in writing\\neach of the persons making such security deposit or advance, giving the\\nname and address of the banking organization in which the deposit of\\nsecurity money is made, and the amount of such deposit. Such person\\nshall be entitled to receive, as administration expenses, a sum\\nequivalent to one percent per annum upon the security money so\\ndeposited, which shall be in lieu of all other administrative and\\ncustodial expenses. The balance of the interest paid by the banking\\norganization shall be the money of the person making the deposit or\\nadvance.\\n 3. Any provision of such a contract or agreement whereby a person who\\nso deposits or advances money waives any provision of this section is\\nabsolutely void.\\n 4. Whoever knowingly and willfully:\\n (a) charges for any service provided to a recipient pursuant to title\\neleven of article five of the social services law, or a recipient\\npursuant to title XVIII of the federal social security act, money or\\nother consideration at a rate in excess of the rates established by the\\ndepartment of health and certified by the director of the division of\\nbudget or established pursuant to title XVIII of the federal social\\nsecurity act, as the case may be; or\\n (b) charges, solicits, accepts or receives, in addition to any amount\\notherwise required to be paid pursuant to title eleven of article five\\nof the social services law, or pursuant to title XVIII of the federal\\nsocial security act, any gift, money, donation or other consideration,\\nother than a charitable, religious or philanthropic contribution from an\\norganization or from a person not acting on behalf of such recipient or\\napplicant for assistance under title eleven of article five of the\\nsocial services law:\\n (i) as a precondition, express or implied, to admitting or expediting\\nthe admission of such recipient or applicant to a hospital or\\nresidential health care facility; or\\n (ii) as a requirement for the recipient's or applicant's continued\\nstay in such facility,\\n when the cost of the services, provided therein to the recipient is\\npaid for, in whole or in part, pursuant to title eleven of article five\\nof the social services law, or pursuant to title XVIII of the federal\\nsocial security act, shall be guilty of a class E felony.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2805-G", "title" : "Maintenance of records", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2805-G", "activeDate" : "2014-09-22", "sequenceNo" : 1026, "repealedDate" : null, "fromSection" : "2805-G", "toSection" : "2805-G", "text" : " § 2805-g. Maintenance of records. 1. Every hospital shall maintain,\\nas public information available for public inspection under such\\nconditions as the commissioner shall prescribe, records containing\\ncopies of all inspection reports pertaining to the facility that have\\nbeen filed with or issued by any governmental agency. Copies of such\\ninspection reports shall be retained in said records for ten years from\\nthe date said reports are filed or issued.\\n 2. The office of the commissioner and each regional office of the\\ndepartment shall make available for public inspection and at a nominal\\ncost provide copies of all financial and inspection reports of hospitals\\nfiled with or issued by the department.\\n 3. Nothing contained in this section shall be construed or deemed to\\nrequire the public disclosure of confidential medical, social, personal\\nor financial records of any patient. The commissioner shall adopt such\\nregulations as may be necessary to give effect to the provisions of this\\nsection and to preserve the confidentiality of medical, social, personal\\nor financial records of patients.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2805-H", "title" : "Immunizations", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2024-11-29", "2025-02-28" ], "docLevelId" : "2805-H", "activeDate" : "2014-09-22", "sequenceNo" : 1027, "repealedDate" : null, "fromSection" : "2805-H", "toSection" : "2805-H", "text" : " § 2805-h. Immunizations. 1. Immunizations against poliomyelitis,\\nmumps, measles, diphtheria and rubella. (a) It shall be the duty of the\\nadministrative officer or other person in charge of each hospital to\\ninquire of each person in its care under the age of eighteen, or of a\\nperson in parental relation to such person, whether all necessary\\nimmunizations have been received for poliomyelitis, mumps, measles,\\ndiphtheria and rubella and, if not, to make available such immunizations\\nand a certificate or certificates of such immunizations.\\n (b) This subdivision shall not apply to children whose parent,\\nparents, or guardian are bona fide members of a recognized religious\\norganization whose teachings are contrary to the practices herein\\nrequired.\\n (c) If any physician licensed to practice medicine in this state\\ncertifies that such immunization may be detrimental to a child's health,\\nthe requirements of this section shall be inapplicable until such\\nimmunization is found no longer to be detrimental to the child's health.\\n 2. Immunizations against influenza and pneumococcal for certain\\npersons sixty-five or older. (a) Annually between September first and\\nApril first, it shall be the duty of the administrative officer or other\\nperson in charge of each general hospital to offer each admitted person\\nage sixty-five or older vaccination against influenza virus. Such\\nofficer or person need not offer the vaccination to persons who have\\nalready received such vaccine or for whom it is otherwise inappropriate.\\n (b) It shall be the duty of the administrative officer or other person\\nin charge of each general hospital to offer vaccination against\\npneumococcal disease to each admitted person age sixty-five or older in\\nthe hospital's care. Such officer or person need not offer the\\nvaccination to people who have already received it, are not in need of a\\nbooster, or for whom it is otherwise inappropriate.\\n (c) Each general hospital shall adopt an influenza and pneumococcal\\nimmunization policy which shall include, but not be limited to, the\\nfollowing: procedures for identifying persons age sixty-five or older\\nand at the discretion of the facility other individuals at risk;\\nprocedures for the offering of immunization against influenza virus,\\nbetween September first and April first, and pneumococcal disease upon\\nadmission or discharge to persons age sixty-five or older; procedures\\nfor ensuring that individuals offered immunization or their guardian\\nreceive information regarding the risks and benefits of vaccination; a\\nstanding order policy approved by the medical director or other\\nappropriate physician which shall include, but not be limited to, an\\nassessment for contra-indications; and a system for documenting vaccine\\nadministration, medical contra-indications, patient refusals and any\\npost-vaccination adverse events.\\n (d) The commissioner may waive the requirements of this subdivision\\ndue to a shortage of influenza and/or pneumococcal vaccine.\\n 3. Immunizations against influenza and Bordetella pertussis; neonatal\\nintensive care units.\\n (a) It shall be the duty of each general hospital (i) with a neonatal\\nintensive care unit to offer, annually between September first and April\\nfirst, to every parent or person in parental relation who is reasonably\\nanticipated to be a caregiver in the household of a newborn being\\ntreated in the neonatal intensive care unit vaccination against\\ninfluenza virus; and (ii) having a newborn nursery or providing\\nobstetric services to offer to every parent, person in parental relation\\nor other person who is reasonably anticipated to be a caregiver of a\\nnewborn being treated in such hospital vaccination against Bordetella\\npertussis (whooping cough). If the parent or person in parental relation\\nwishes to be vaccinated, the hospital shall provide the person with the\\nvaccination. If the parent or person in parental relation declines the\\nhospital offer or wishes to defer vaccination, the hospital shall\\nprovide information on where such person may be vaccinated. Such general\\nhospital need not offer the vaccination to parents and persons in\\nparental relation who have already received such vaccine or for whom it\\nis medically inappropriate.\\n (b) Each general hospital shall adopt a policy for implementing this\\nsubdivision, documenting the offer of vaccine administration.\\n (c) The commissioner may waive the requirements of this subdivision\\ndue to a shortage of influenza vaccine.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2805-I", "title" : "Treatment of sexual offense victims and maintenance of evidence in a sexual offense", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2018-04-20", "2019-01-04", "2019-06-21", "2019-12-20", "2020-04-10", "2020-04-17", "2020-06-19", "2021-04-23", "2022-12-30", "2023-03-10", "2023-06-23", "2025-05-16", "2025-12-26", "2026-02-06", "2026-02-20", "2026-06-12" ], "docLevelId" : "2805-I", "activeDate" : "2019-06-21", "sequenceNo" : 1028, "repealedDate" : null, "fromSection" : "2805-I", "toSection" : "2805-I", "text" : " § 2805-i. Treatment of sexual offense victims and maintenance of\\nevidence in a sexual offense. 1. Every hospital providing treatment to\\nalleged victims of a sexual offense shall be responsible for:\\n (a) maintaining sexual offense evidence and the chain of custody as\\nprovided in subdivision two of this section;\\n (b) contacting a rape crisis or victim assistance organization, if\\nany, providing victim assistance to the geographic area served by that\\nhospital to establish the coordination of non-medical services to sexual\\noffense victims who request such coordination and services;\\n (c) offering and making available appropriate HIV post-exposure\\ntreatment therapies; including a seven day starter pack of HIV\\npost-exposure prophylaxis, in cases where it has been determined, in\\naccordance with guidelines issued by the commissioner, that a\\nsignificant exposure to HIV has occurred, and informing the victim that\\npayment assistance for such therapies may be available from the office\\nof victim services pursuant to the provisions of article twenty-two of\\nthe executive law. With the consent of the victim of a sexual assault,\\nthe hospital emergency room department shall provide or arrange for an\\nappointment for medical follow-up related to HIV post-exposure\\nprophylaxis and other care as appropriate; and\\n (d) ensuring sexual assault survivors are not billed for sexual\\nassault forensic exams and are notified orally and in writing of the\\noption to decline to provide private health insurance information and\\nhave the office of victim services reimburse the hospital for the exam\\npursuant to subdivision thirteen of section six hundred thirty-one of\\nthe executive law.\\n 2. Sexual offense evidence shall be collected and maintained as\\nfollows:\\n (a) All sexual offense evidence shall be kept in a locked, separate\\nand secure area for twenty years from the date of collection; provided\\nthat such evidence shall be transferred to a new location(s) pursuant to\\nthis subdivision.\\n (b) Sexual offense evidence shall include, but not be limited to,\\nslides, cotton swabs, clothing and other items. Where appropriate, such\\nitems shall be refrigerated and the clothes and swabs shall be dried,\\nstored in paper bags, and labeled. Each item of evidence shall be marked\\nand logged with a code number corresponding to the alleged sexual\\noffense victim's medical record.\\n (c) Upon collection, the hospital shall notify the alleged sexual\\noffense victim that, after twenty years, the sexual offense evidence\\nwill be discarded in compliance with state and local health codes and\\nthat the alleged sexual offense victim's clothes or personal effects\\nwill be returned to the alleged sexual offense victim at any time upon\\nrequest. The alleged sexual offense victim shall be given the option of\\nproviding contact information for purposes of receiving notice of the\\nplanned destruction of such evidence after the expiration of the\\ntwenty-year period.\\n (d) Until April first, two thousand twenty-one, or earlier if\\ndetermined feasible by the director of budget pursuant to paragraph (g)\\nof this subdivision, hospitals shall be responsible for securing\\nlong-term sexual offense evidence pursuant to this section, after which\\nsuch storage shall be the responsibility of the custodian(s) identified\\nin the plan approved by the director of budget pursuant to paragraph (g)\\nof this subdivision. Hospitals may enter into contracts with other\\nentities that will ensure appropriate and secure long-term storage of\\nsexual offense evidence pursuant to this section until April first, two\\nthousand twenty-one.\\n (e) Beginning April first, two thousand eighteen, the department, the\\noffice of victim services, the division of criminal justice services and\\nthe division of state police shall jointly study, evaluate and make\\nrecommendations concerning the storage and monitoring of sexual offense\\nevidence for twenty years, including studying options for the use of:\\nstate-owned or operated facilities; facilities owned or operated by\\nlocal government or law enforcement agencies; and facilities owned or\\noperated by private entities.\\n (f) On or before December first, two thousand nineteen, such agencies\\nshall submit a joint plan to the director of budget, speaker of the\\nassembly, and president pro tempore of the senate, which shall at a\\nminimum include: recommended storage location(s) for sexual offense\\nevidence; a schedule for sexual offense evidence held by hospitals\\npursuant to this section to be transferred to such storage location(s)\\nby April first, two thousand twenty-one; and tracking, monitoring and\\nnotification option(s).\\n (g) On or before January first, two thousand twenty, the director of\\nbudget shall approve a plan that, at a minimum, establishes: storage\\nlocation(s) for sexual offense evidence by no later than April first,\\ntwo thousand twenty-one; a reasonable schedule for sexual offense\\nevidence maintained by hospitals pursuant to this section to be\\ntransferred to such storage location(s); and tracking, monitoring and\\nnotification system(s).\\n (h) Between thirty and ten days prior to the transfer of sexual\\noffense evidence to the storage location(s) identified in the plan\\napproved by the director of budget pursuant to paragraph (g) of this\\nsubdivision, hospitals shall make diligent efforts to notify the alleged\\nsexual offense victim of the transfer of custody for the remainder of\\nthe twenty-year storage period.\\n (i) On April first, two thousand twenty-one, or earlier if determined\\nfeasible by the director of budget, responsibility for long-term storage\\nof sexual offense evidence shall transfer to the custodian(s) identified\\nin the plan approved by the director of budget pursuant to paragraph (g)\\nof this subdivision.\\n (j) After April first, two thousand twenty-one, or earlier if\\ndetermined feasible by the director of budget, hospitals shall ensure\\ntransfer of sexual offense evidence collected pursuant to this section\\nto the custodian(s) identified in the plan approved by the director of\\nbudget pursuant to paragraph (g) of this subdivision within ten days of\\ncollection of such evidence, while maintaining chain of custody.\\n (k) At least ninety days prior to the expiration of the twenty-year\\nstorage period for any sexual offense evidence, the custodian(s) of the\\nsexual offense evidence shall make diligent efforts to contact the\\nalleged sexual offense victim to notify the alleged sexual offense\\nvictim that the sexual offense evidence will be discarded in compliance\\nwith state and local health codes and that the alleged sexual offense\\nvictim's clothes and personal effects will be returned to the alleged\\nsexual offense victim upon request.\\n (l) Notwithstanding any other provision in this section, sexual\\noffense evidence shall not continue to be stored where: (i) such\\nevidence is not privileged and law enforcement requests its release, in\\nwhich case the custodian(s) shall comply with such request; or (ii) such\\nevidence is privileged and either (A) the alleged sexual offense victim\\ngives permission to release the evidence to law enforcement, or (B) the\\nalleged sexual offense victim signs a statement directing the\\ncustodian(s) to dispose of the evidence, in which case the sexual\\noffense evidence will be discarded in compliance with state and local\\nhealth codes.\\n 3. Upon admittance or commencement of treatment of the alleged sexual\\noffense victim, the hospital shall advise the victim of the availability\\nof the services of a local rape crisis or victim assistance\\norganization, if any, to accompany the victim through the sexual offense\\nexamination. If after receiving such advice the sexual offense victim\\nwishes the presence of a rape crisis or victim assistance advocate, the\\nhospital shall contact the appropriate organization and request that one\\nbe provided, provided, however, that if in the professional judgment of\\nthe treating practitioner a delay in treatment is detrimental to the\\nprovision of medical treatment, then examination or treatment need not\\nbe delayed pending the arrival of such advocate and further provided\\nthat the presence or continued presence of such advocate does not\\ninterfere with the provision of necessary medical care to the victim.\\n 4. No hospital or treating practitioner shall be liable in civil\\ndamages for failing to comply with the requirements of subdivision one,\\ntwo or three of this section or acting in good faith to provide\\ntreatment as provided in subdivision three of this section.\\n 4-a. On and after April first, two thousand one, a hospital providing\\ntreatment to alleged victims of sexual offenses shall be eligible to\\nreceive from the division of criminal justice services, at no cost,\\nsexual offense evidence collection kits.\\n 4-b. (a) The commissioner shall, with the consent of the directors of\\ninterested hospitals in the state and in consultation with the\\ncommissioner of the division of criminal justice services, designate\\nhospitals in the state as the sites of a twenty-four hour sexual assault\\nforensic examiner program. The hospital sites shall be designated in\\nurban, suburban and rural areas to give as many state residents as\\npossible ready access to the sexual assault forensic examiner program.\\nThe commissioner, in consultation with the commissioner of the division\\nof criminal justice services, shall consider the following criteria when\\ndesignating these sexual assault forensic examiner program sites:\\n (1) the location of the hospital;\\n (2) the hospital's capacity to provide on-site comprehensive medical\\nservices to victims of sexual offenses;\\n (3) the capacity of the hospital site to coordinate services for\\nvictims of sexual offenses including medical treatment, rape crisis\\ncounseling, psychological support, law enforcement assistance and\\nforensic evidence collection;\\n (4) the hospital's capacity to provide access to the sexual assault\\nforensic examiner site for disabled victims;\\n (5) the hospital's existing services for victims of sexual offenses;\\n (6) the capacity of the hospital site to collect uniform data and\\ninsure confidentiality of such data; and\\n (7) the hospital's compliance with state and federally mandated\\nstandards of medical care.\\n (b) Each sexual assault forensic examiner program site designated\\npursuant to this subdivision shall comply with the requirements of\\nsubdivisions one, two and three of this section, and shall also provide\\ntreatment to the victim as follows:\\n (1) The victim shall, absent exigent circumstances, be met by a sexual\\nassault forensic examiner within sixty minutes of arriving at the\\nhospital, who shall be a nurse practitioner, physician assistant,\\nregistered nurse or physician specially trained in forensic examination\\nof sexual offense victims and the preservation of forensic evidence in\\nsuch cases and certified as qualified to provide such services pursuant\\nto regulations promulgated by the commissioner. Such program shall\\nassure that such a specially-trained forensic examiner is on-call and\\navailable on a twenty-four hour a day basis every day of the year.\\n (2) An examination of the victim shall be performed promptly by such\\nforensic examiner in a private room designated for such examinations. An\\nobstetrician/gynecologist or other appropriate medical doctor shall be\\nreadily available to the forensic examiner if there is a need for more\\nspecialized medical evaluation or treatment.\\n (3) Promptly after the examination is completed, the victim shall be\\npermitted to shower, be provided with a change of clothing, and receive\\nfollow-up information, counseling, medical treatment and referrals for\\nsame.\\n (c) Nothing in this subdivision shall affect the existence or\\ncontinued existence of any program in this state through which a trained\\nnurse practitioner, physician assistant, registered nurse or physician\\nis providing appropriate forensic examinations and related services to\\nsurvivors of sexual assault.\\n 5. The commissioner shall promulgate such rules and regulations as may\\nbe necessary and proper to carry out effectively the provisions of this\\nsection. Prior to promulgating such rules and regulations, the\\ncommissioner shall consult with relevant police agencies, forensic\\nlaboratories, rape crisis centers, hospitals, and other such persons as\\nthe commissioner deems necessary. Such rules and regulations shall\\nidentify the offenses subject to the provisions of this section, provide\\na specific definition of sexual offense evidence and require each\\nhospital to contact its local police agency and forensic laboratory to\\ndetermine their specific needs or requirements.\\n 6. (a) The department, in consultation with the division of criminal\\njustice services, the office of victim services, hospitals, other health\\ncare providers and victim advocacy organizations, shall publish a sexual\\nassault victim bill of rights for purposes of informing sexual offense\\nvictims of their rights under state law. Such bill of rights shall be\\nprominently published on the department's website, in at least the ten\\nmost common languages spoken in this state, and distributed to hospitals\\nas a document which shall be provided to every presenting sexual offense\\nvictim. The department may update the bill of rights as necessary to\\nreflect changes in state law and more accurately explain the law. Such\\nbill of rights shall be in plain, easy to understand language, and\\ninclude the right of the victim to:\\n (1) consult with a local rape crisis or local victim assistance\\norganization, to have a representative of such organization accompany\\nthe victim through the sexual offense examination, and to have such an\\norganization be summoned by the medical facility, police agency,\\nprosecutorial agency or other law enforcement agency before the\\ncommencement of the physical examination or interview, pursuant to this\\nsection;\\n (2) be offered and have made available at no cost appropriate\\npost-exposure treatment therapies, including a seven day starter pack of\\nHIV post-exposure prophylaxis in accordance with paragraph (c) of\\nsubdivision one of this section and subdivision thirteen of section six\\nhundred thirty-one of the executive law;\\n (3) a health care forensic examination at no cost and the right to be\\nnotified of the option to decline to provide private health insurance\\ninformation and have the office of victim services reimburse the\\nhospital for the examination under subdivision thirteen of section six\\nhundred thirty-one of the executive law;\\n (4) receive information relating to and the provision of emergency\\ncontraception in accordance with section twenty-eight hundred five-p of\\nthis article;\\n (5) be offered contact information for the police agency,\\nprosecutorial agency or other law enforcement agency with jurisdiction\\nover the sexual offense and be informed, upon request of the victim, of\\nthe date and location at which such sexual offense evidence kit was\\nassessed for Combined DNA Index System (CODIS) eligibility and analyzed,\\nwhether a CODIS eligible profile was developed and whether or not a DNA\\nmatch was identified, provided, however, that the police agency,\\nprosecutorial agency or other law enforcement agency serving the\\njurisdiction may temporarily delay release of such DNA match information\\nto the victim, prior to the arrest of a suspect alleged to have\\ncommitted such offense, if such agency documents in writing and notifies\\nthe victim that release of such information would compromise the\\nsuccessful investigation of such sexual offense;\\n (6) be notified between thirty and ten days prior to the transfer of a\\nsexual offense evidence kit from the hospital to another storage\\nfacility in accordance with paragraph (h) of subdivision two of this\\nsection, the right to have a sexual offense evidence kit maintained at\\nan appropriate storage facility for twenty years from the date of\\ncollection, the right, if not previously consented to, to consent to\\nrelease the evidence to law enforcement at any time during the twenty\\nyears from collection, and the right to be notified by such facility at\\nleast ninety days prior to the expiration of the twenty-year storage\\nperiod in accordance with paragraph (k) of subdivision two of this\\nsection; and\\n (7) be notified by the prosecutorial agency with jurisdiction of\\njudicial proceedings relating to their case in accordance with article\\ntwenty-three of the executive law; and\\n (8) decide whether or not the victim wishes to report the offense to\\nlaw enforcement.\\n (b) Before a medical facility commences a physical examination of a\\nsexual offense victim, or a police agency, prosecutorial agency or other\\nlaw enforcement agency commences an interview of a sexual offense\\nvictim, the health care professional conducting the exam, police agency,\\nprosecutorial agency or other law enforcement agency shall inform the\\nvictim of the victim's rights by providing a copy of this sexual assault\\nvictim bill of rights and offering to explain such rights.\\n 7. On or before November thirtieth, two thousand two, the commissioner\\nshall make a report to the governor, the temporary president of the\\nsenate and the speaker of the assembly concerning the sexual assault\\nforensic examiner program established under subdivision four-b of this\\nsection. Such report shall include an evaluation of the efficacy of such\\nprogram in obtaining useful forensic evidence in sexual offense cases\\nand assuring quality treatment to sex offense victims. Such report shall\\nalso recommend whether this program should be expanded and shall\\nestimate the financial cost, if any, of such expansion.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2805-J", "title" : "Medical, dental and podiatric malpractice prevention program", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2805-J", "activeDate" : "2014-09-22", "sequenceNo" : 1029, "repealedDate" : null, "fromSection" : "2805-J", "toSection" : "2805-J", "text" : " § 2805-j. Medical, dental and podiatric malpractice prevention\\nprogram. 1. Every hospital shall maintain a coordinated program for the\\nidentification and prevention of medical, dental and podiatric\\nmalpractice. Such program shall include at least the following:\\n (a) The establishment of a quality assurance committee with the\\nresponsibility to review the services rendered in the hospital in order\\nto improve the quality of medical, dental and podiatric care of patients\\nand to prevent medical, dental and podiatric malpractice. Such\\ncommittee shall oversee and coordinate the medical, dental and podiatric\\nmalpractice prevention program and shall insure that information\\ngathered pursuant to the program is utilized to review and to revise\\nhospital policies and procedures. At least one member of the committee\\nshall be a member of the governing board of the hospital who is not\\notherwise affiliated with the hospital in an employment or contractual\\ncapacity;\\n (b) A medical, dental and podiatric staff privileges sanction\\nprocedure through which credentials, physical and mental capacity and\\ncompetence in delivering health care services are periodically reviewed,\\nand reviewed as otherwise warranted in specific instances and\\ncircumstances, as part of an evaluation of staff privileges;\\n (c) The periodic review and the review as otherwise warranted in\\nspecific instances and circumstances of the credentials, physical and\\nmental capacity and competence in delivering health care services of all\\npersons who are employed or associated with the hospital;\\n (d) A procedure for the prompt resolution of grievances by patients or\\ntheir representatives related to accidents, injuries, treatment and\\nother events that may result in claims of medical, dental or podiatric\\nmalpractice;\\n (e) The maintenance and continuous collection of information\\nconcerning the hospital's experience with negative health care outcomes\\nand incidents injurious to patients, patient grievances, professional\\nliability premiums, settlements, awards, costs incurred by the hospital\\nfor patient injury prevention and safety improvement activities;\\n (f) The maintenance of relevant and appropriate information gathered\\npursuant to paragraphs (a) through (e) of this subdivision concerning\\nindividual physicians, dentists and podiatrists within the physician's,\\ndentist's or podiatrist's personnel or credential file maintained by the\\nhospital;\\n (g) Education programs dealing with patient safety, injury prevention,\\nstaff responsibility to report professional misconduct, the legal\\naspects of patient care, improved communication with patients and causes\\nof malpractice claims for staff personnel engaged in patient care\\nactivities;\\n (h) Continuing education programs for medical, dental and podiatric\\nstaff in their areas of specialty; and\\n (i) Policies to ensure compliance with the reporting requirements of\\nsection twenty-eight hundred three-e of this article and subdivision\\neleven of section two hundred thirty of this chapter.\\n (j) For the purposes of this section, the term \"hospital\" shall have\\nthe same meaning as is set forth in subdivision ten of section\\ntwenty-eight hundred one of this article.\\n 2. Any person who, in good faith and without malice, provides\\ninformation to further the purposes of the medical, dental and podiatric\\nmalpractice prevention program or who, in good faith and without malice,\\nparticipates on the quality assurance committee shall not be subject to\\nan action for civil damages or other relief as a result of such\\nactivity. Any hospital, or any person acting on behalf of such hospital,\\nwho, in good faith and without malice, takes or fails to take any action\\nas a result of a review conducted pursuant to paragraph (b) or (c) of\\nsubdivision one of this section, shall not be subject to an action for\\ncivil damages or other monetary relief as a result of such action or\\nfailure to act, provided, however, that nothing in this subdivision\\nshall relieve any hospital of any liability in an action for medical,\\ndental or podiatric malpractice based on an act or failure to act as a\\nresult of a review conducted pursuant to paragraph (b) or (c) of\\nsubdivision one of this section, and provided further that nothing\\nherein shall affect the authority of the commissioner pursuant to this\\nchapter.\\n 3. The commissioner shall make, adopt, promulgate and enforce such\\nrules and regulations as he may deem appropriate to effectuate the\\npurposes of this section.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2805-K", "title" : "Investigations prior to granting or renewing privileges", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2805-K", "activeDate" : "2014-09-22", "sequenceNo" : 1030, "repealedDate" : null, "fromSection" : "2805-K", "toSection" : "2805-K", "text" : " § 2805-k. Investigations prior to granting or renewing privileges. 1.\\nPrior to granting or renewing professional privileges or association of\\nany physician, dentist or podiatrist or hiring a physician, dentist or\\npodiatrist, a hospital or facility approved pursuant to this article\\nshall request from the physician, dentist or podiatrist and the\\nphysician, dentist or podiatrist shall be required to provide the\\nfollowing information:\\n (a) The name of any hospital or facility with or at which the\\nphysician, dentist or podiatrist had or has any association, employment,\\nprivileges or practice;\\n (b) Where such association, employment, privilege or practice was\\ndiscontinued, the reasons for its discontinuation;\\n (c) Any pending professional medical, dental or podiatric misconduct\\nproceedings or any pending medical malpractice actions in this state or\\nanother state, the substance of the allegations in such proceedings or\\nactions, and any additional information concerning such proceedings or\\nactions as the physician, dentist or podiatrist may deem appropriate;\\n (d) The substance of the findings in such actions or proceedings and\\nany additional information concerning such actions or proceedings as the\\nphysician, dentist or podiatrist may deem appropriate;\\n (e) A waiver by the physician, dentist or podiatrist of any\\nconfidentiality provisions concerning the information required to be\\nprovided to hospitals pursuant to this subdivision; and\\n (f) Documentation that the physician, dentist or podiatrist has\\ncompleted the course work or training as mandated by section two hundred\\nthirty-nine of this chapter or section six thousand five hundred five-b\\nof the education law. A hospital or facility shall not grant or renew\\nprofessional privileges or association to a physician, dentist, or\\npodiatrist who has not completed such course work or training.\\n (g) A verification by the physician, dentist or podiatrist that the\\ninformation provided by the physician, dentist or podiatrist is true and\\naccurate.\\n 2. Prior to granting privileges or association to any physician,\\ndentist or podiatrist, or hiring a physician, dentist or podiatrist, any\\nhospital or facility approved pursuant to this article shall request\\nfrom any hospital with or at which such physician, dentist or podiatrist\\nhad or has privileges, was associated, or was employed, the following\\ninformation concerning such physician, dentist or podiatrist:\\n (a) Any pending professional medical conduct proceedings or any\\npending medical malpractice actions, in this state or another state;\\n (b) Any judgment or settlement of a medical malpractice action and any\\nfinding of professional misconduct in this state or another; and\\n (c) Any information required to be reported by hospitals pursuant to\\nsection twenty-eight hundred three-e of this article.\\n 3. If requested by the department, a hospital shall provide\\ndocumentation that, prior to granting privileges, association or\\nemploying a physician, dentist or podiatrist, it has complied with the\\nrequirements of subdivisions one and two of this section and that, prior\\nto renewing privileges, association or employment, it has complied with\\nthe requirements of subdivision one of this section. Copies of the\\ninformation and documentation required pursuant to subdivisions one and\\ntwo of this section shall be placed in the physician's, dentist's or\\npodiatrist's personnel or credentials file maintained by the hospital.\\n 4. Any hospital which receives a request for information from another\\nhospital pursuant to subdivision one or two of this section shall\\nprovide such information concerning the physician, dentist or podiatrist\\nin question to the extent such information is known to the hospital\\nreceiving such a request, including the reasons for suspension,\\ntermination, curtailment of employment or privileges at the hospital.\\nAny hospital or hospital employee providing such information in good\\nfaith shall not be liable in any civil action for the release of such\\ninformation.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2805-L", "title" : "Adverse event reporting", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2805-L", "activeDate" : "2014-09-22", "sequenceNo" : 1031, "repealedDate" : null, "fromSection" : "2805-L", "toSection" : "2805-L", "text" : " § 2805-l. Adverse event reporting. 1. (a) All hospitals shall be\\nrequired to report events described by subdivision two of this section\\nto the department in a manner and within time periods as may be\\nspecified by regulation of the department.\\n (b) For purposes of this section, \"hospital\" means any general\\nhospital or diagnostic and treatment center.\\n 2. The following adverse events shall be reported to the department:\\n (a) patients' deaths or impairments of bodily functions in\\ncircumstances other than those related to the natural course of illness,\\ndisease or proper treatment in accordance with generally accepted\\nmedical standards;\\n (b) fires in the hospital which disrupt the provision of patient care\\nservices or cause harm to patients or staff;\\n (c) equipment malfunction during treatment or diagnosis of a patient\\nwhich did or could have adversely affected a patient or hospital\\npersonnel;\\n (d) poisoning occurring within the hospital;\\n (e) strikes by hospital staff;\\n (f) disasters or other emergency situations external to the hospital\\nenvironment which affect hospital operations; and\\n (g) termination of any services vital to the continued safe operation\\nof the hospital or to the health and safety of its patients and\\npersonnel, including but not limited to the anticipated or actual\\ntermination of telephone, electric, gas, fuel, water, heat, air\\nconditioning, rodent or pest control, laundry services, food or contract\\nservices.\\n 3. Notwithstanding any provision of this section to the contrary, the\\ncommissioner is authorized, as appropriate in the interest of promoting\\npatient safety, and after consulting with clinicians, hospital\\nadministrators, researchers, and consumers with expertise in the area of\\npatient safety and quality improvement, to add, modify or eliminate one\\nor more adverse events set forth in subdivision two of this section, by\\nregulation, consistent with national consensus standards endorsed by the\\nconsensus-based entity selected for the purpose of pursuing certain\\nactivities relating to healthcare performance measurement by the U.S.\\nDepartment of Health and Human Services pursuant to the Medicare\\nImprovements for Patients and Providers Act (Pub. L. 110-275).\\n 4. The hospital shall conduct an investigation of events described in\\nparagraphs (a) through (d) of subdivision two of this section within\\nthirty days of obtaining knowledge of any information which reasonably\\nappears to show that such an event has occurred, provided that, if the\\nhospital reasonably expects such investigation to extend beyond such\\nthirty day period, the hospital shall notify the department of such\\nexpectation and the reason therefor, and shall inform the department of\\nthe expected completion date of the investigation. The hospital shall\\nprovide to the department a copy of the investigation report within\\ntwenty-four hours of completion. Nothing herein shall limit the\\nauthority of the department to conduct an investigation of events\\noccurring in hospitals.\\n 5. The department shall:\\n (a) analyze event reports, findings of the investigations, their root\\ncause analyses, and corrective action plans to determine patterns of\\nsystemic failure in the health care system and identify successful\\nmethods to correct these failures; and\\n (b) communicate to facilities the department's conclusions, if any,\\nregarding event reports, patterns of systemic failure, and\\nrecommendations for corrective action resulting from the analysis of\\nsubmissions from facilities; and may release, in a format that does not\\nidentify specific patients and does not provide reasonable basis to\\nbelieve that the information can be used to identify a patient; (i)\\nanalyses and findings derived from the adverse event data to hospitals\\nor the public and (ii) adverse event data to researchers for patient\\nsafety research projects approved by the commissioner, subject to any\\nterms and conditions imposed by the commissioner concerning the security\\nand confidentiality of the data and their use; and provided that no such\\ndata, record, documentation or action subject to subdivision two of\\nsection twenty-eight hundred five-m of this article, shall be subject to\\ndisclosure under article six of the public officers law nor article\\nthirty-one of the civil practice law and rules.\\n 6. The commissioner shall establish protocols for hospital personnel\\nwhere a patient under the age of eighteen years dies during\\ntransportation to the hospital or while at the hospital, under\\ncircumstances other than those related to the natural course of illness,\\ndisease or proper treatment in accordance with generally accepted\\nmedical standards. Such protocols shall address matters including, but\\nnot limited to, the following:\\n (a) medical and social history, and examination of the patient;\\n (b) preservation of evidence and chain of custody;\\n (c) questioning of the patient's family, guardian or person in\\nparental authority;\\n (d) circumstances surrounding the injury resulting in death;\\n (e) determination of the cause of death;\\n (f) notification of law enforcement personnel; and\\n (g) reporting requirements under title six of article six of the\\nsocial services law.\\n In developing such protocols, the commissioner shall consult with the\\noffice of children and family services, local departments of social\\nservices, coordinators of child fatality review teams established\\npursuant to section four hundred twenty-two-b of the social services\\nlaw, law enforcement agencies, pediatricians preferably with expertise\\nin the area of child abuse and maltreatment or forensic pediatrics, and\\nsuch other persons as the commissioner deems necessary.\\n 7. The commissioner shall make, adopt, promulgate and enforce such\\nrules and regulations as he may deem appropriate to effectuate the\\npurposes of this section.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2805-M", "title" : "Confidentiality", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-10-02" ], "docLevelId" : "2805-M", "activeDate" : "2015-10-02", "sequenceNo" : 1032, "repealedDate" : null, "fromSection" : "2805-M", "toSection" : "2805-M", "text" : " § 2805-m. Confidentiality. 1. The information required to be collected\\nand maintained pursuant to sections twenty-eight hundred five-j and\\ntwenty-eight hundred five-k of this article, reports required to be\\nsubmitted pursuant to section twenty-eight hundred five-l of this\\narticle and any incident reporting requirements imposed upon diagnostic\\nand treatment centers pursuant to the provisions of this chapter shall\\nbe kept confidential and shall not be released except to the department\\nor pursuant to subdivision four of section twenty-eight hundred five-k\\nof this article.\\n 2. Notwithstanding any other provisions of law, none of the records,\\ndocumentation or committee actions or records required pursuant to\\nsections twenty-eight hundred five-j and twenty-eight hundred five-k of\\nthis article, the reports required pursuant to section twenty-eight\\nhundred five-l of this article nor any incident reporting requirements\\nimposed upon diagnostic and treatment centers pursuant to the provisions\\nof this chapter shall be subject to disclosure under article six of the\\npublic officers law or article thirty-one of the civil practice law and\\nrules, except as hereinafter provided or as provided by any other\\nprovision of law. No person in attendance at a meeting of any such\\ncommittee shall be required to testify as to what transpired thereat.\\nThe prohibition relating to discovery of testimony shall not apply to\\nthe statements made by any person in attendance at such a meeting who is\\na party to an action or proceeding the subject matter of which was\\nreviewed at such meeting.\\n 3. There shall be no monetary liability on the part of, and no cause\\nof action for damages shall arise against, any person, partnership,\\ncorporation, firm, society, or other entity on account of the\\ncommunication of information in the possession of such person or entity,\\nor on account of any recommendation or evaluation, regarding the\\nqualifications, fitness, or professional conduct or practices of a\\nphysician, to any governmental agency, medical or specialists society,\\nor hospital as required by sections twenty-eight hundred five-j,\\ntwenty-eight hundred five-k and twenty-eight hundred five-l of this\\narticle or any incident reporting requirements imposed upon diagnostic\\nand treatment centers pursuant to the provisions of this chapter. The\\nforegoing shall not apply to information which is untrue and\\ncommunicated with malicious intent.\\n 4. (a) Hospital sepsis data submitted to the department, shall for the\\ninitial phase of data collection be considered a \"pilot phase\", the\\npurpose of which is to ensure the completeness and accuracy of reporting\\nby hospitals.\\n (b) For data reported during the pilot phase, hospital identifiers\\nshall be encrypted by the department in any and all public databases and\\nreports. The department shall provide each hospital with an encryption\\nkey for that hospital only to permit access to its own performance data\\nfor internal quality improvement purposes. Hospital specific public\\nreporting of sepsis data including, but not limited to risk adjusted\\nsepsis mortality rates, may require up to, but no more than, two years\\nof \"pilot phase\" collection depending on the validity and reliability\\noutcomes of the data collected.\\n (c) As described in the regulations pertaining to the submission of\\ndata on sepsis to the department, consultation with appropriate\\nnational, hospital and expert stakeholders will assist in determining\\nthe appropriate public release of hospital performance.\\n (d) The department shall issue regular reports as needed to hospitals\\nassessing the accuracy of the data submitted during the pilot phase and\\nprovide guidance for improving the accuracy of data reporting.\\n (e) After the pilot phase is completed, all data submitted under this\\nsection and compiled in the database established herein and all public\\nreports derived therefrom shall include hospital identifiers.\\n (f) Clinical performance data, including but not limited to individual\\nhospital mortality rates adjusted for potential differences in risk\\nfactors and comparisons with state (or national, if available) averages,\\nshall be developed and posted on the department's web site.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2805-N", "title" : "Child abuse prevention", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2805-N", "activeDate" : "2014-09-22", "sequenceNo" : 1033, "repealedDate" : null, "fromSection" : "2805-N", "toSection" : "2805-N", "text" : " § 2805-n. Child abuse prevention. All hospitals shall: (i) develop,\\nmaintain and disseminate written policies and procedures pursuant to\\ntitle six of article six of the social services law and applicable\\nprovisions of article ten of the family court act, regarding the\\nmandatory reporting of child abuse or neglect, reporting procedures and\\nobligations of persons required to report, provisions for taking a child\\ninto protective custody, mandatory reporting of deaths, immunity from\\nliability, penalties for failure to report and obligations for the\\nprovision of services and procedures necessary to safeguard the life or\\nhealth of the child; and (ii) establish, and implement on an ongoing\\nbasis, a training program for all current and new employees regarding\\nthe policies and procedures established pursuant to this section.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2805-O", "title" : "Identification of veterans and their spouses by nursing homes and residential health care facilities", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2019-04-19", "2021-11-19", "2022-03-04", "2022-03-18", "2022-04-22", "2023-04-07" ], "docLevelId" : "2805-O", "activeDate" : "2019-04-19", "sequenceNo" : 1034, "repealedDate" : null, "fromSection" : "2805-O", "toSection" : "2805-O", "text" : " § 2805-o. Identification of veterans and their spouses by nursing\\nhomes and residential health care facilities. 1. Every nursing home and\\nresidential health care facility as defined in subdivisions two and\\nthree of section two thousand eight hundred one of this article shall\\nkeep and maintain accurate records identifying veterans and their\\nspouses residing within such facilities. Such information shall be\\nsolicited by nursing home and/or residential health care facility staff\\nupon a patient's admission, noted on the admission form, and included\\nwith the patient's file. In the case of patients currently residing at\\nsuch nursing homes or residential health care facilities, staff shall\\nsolicit such information from each patient residing at such institution\\nand update the patient's file to indicate veteran status.\\n 2. Every nursing home and residential health care facility shall in\\nwriting advise all individuals identifying themselves as veterans or\\nspouses of veterans that the division of veterans' services and local\\nveterans' service agencies established pursuant to section three hundred\\nfifty-seven of the executive law to provide assistance to veterans and\\ntheir spouses regarding benefits under federal and state law. Such\\nwritten information shall include the name, address and telephone number\\nof the New York state division of veterans' services, the nearest\\ndivision of veterans' services office, the nearest county or city\\nveterans' service agency and the nearest accredited veterans' service\\nofficer.\\n 3. Every nursing home and residential health care facility, upon\\nrequest of individuals identifying themselves as veterans or spouses of\\nveterans, shall transmit such veteran status information to the division\\nof veterans' services.\\n 4. Any person who violates the provisions of this section shall be\\nsubject to a civil fine not to exceed fifty dollars per violation but in\\nno event shall any fine exceed one thousand dollars.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2805-P", "title" : "Emergency treatment of rape survivors", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2025-06-13" ], "docLevelId" : "2805-P", "activeDate" : "2014-09-22", "sequenceNo" : 1035, "repealedDate" : null, "fromSection" : "2805-P", "toSection" : "2805-P", "text" : " § 2805-p. Emergency treatment of rape survivors. 1. As used in this\\nsection:\\n (a) \"Emergency contraception\" shall mean one or more prescription\\ndrugs used separately or in combination to be administered or\\nself-administered by a patient to prevent pregnancy within a medically\\nrecommended amount of time after sexual intercourse and dispensed for\\nthat purpose in accordance with professional standards of practice and\\ndetermined by the United States Food and Drug Administration to be safe.\\n (b) \"Emergency treatment\" shall mean any medical examination or\\ntreatment provided by a hospital to a rape survivor following an alleged\\nrape.\\n (c) \"Rape\" shall mean any act defined in section 130.25, 130.30 or\\n130.35 of the penal law.\\n (d) \"Rape survivor\" or \"survivor\" shall mean any female person who\\nalleges or is alleged to have been raped and who presents as a patient.\\n 2. Every hospital providing emergency treatment to a rape survivor\\nshall promptly:\\n (a) provide such survivor with written information prepared or\\napproved, pursuant to subdivision three of this section, relating to\\nemergency contraception;\\n (b) orally inform such survivor of the availability of emergency\\ncontraception, its use and efficacy; and\\n (c) provide emergency contraception to such survivor, unless\\ncontraindicated, upon her request. No hospital may be required to\\nprovide emergency contraception to a rape survivor who is pregnant.\\n 3. The commissioner shall develop, prepare and produce informational\\nmaterials relating to emergency contraception for distribution to and\\nuse in all hospitals in the state, in quantities sufficient to comply\\nwith the requirements of this section. The commissioner may also approve\\ninformational materials from medically recognized sources for the\\npurposes of this section. Such informational material shall be in clear\\nand concise language, readily comprehensible, in such varieties and\\nforms as the commissioner shall deem necessary to inform survivors in\\nEnglish and languages other than English. Such materials shall explain\\nthe nature of emergency contraception including its use and efficacy.\\n 4. The commissioner shall promulgate all such rules and regulations as\\nmay be necessary and proper to implement the provisions of this section.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2805-Q", "title" : "Hospital visitation by domestic partner", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2805-Q", "activeDate" : "2014-09-22", "sequenceNo" : 1036, "repealedDate" : null, "fromSection" : "2805-Q", "toSection" : "2805-Q", "text" : " § 2805-q. Hospital visitation by domestic partner. 1. No domestic\\npartner or surrogate as defined by subdivision twenty-nine of section\\ntwenty-nine hundred ninety-four-a of this chapter shall be denied any\\nrights of visitation of his or her domestic partner or of the patient or\\nresident for whom he or she is the surrogate, when such rights are\\naccorded to spouses and next-of-kin at any hospital, nursing home or\\nhealth care facility.\\n 2. For purposes of this section only, \"domestic partner\" means a\\nperson who, with respect to another person:\\n (a) is formally a party in a domestic partnership or similar\\nrelationship with the other person, entered into pursuant to the laws of\\nthe United States or of any state, local or foreign jurisdiction, or\\nregistered as the domestic partner of the other person with any registry\\nmaintained by the employer of either party or any state, municipality,\\nor foreign jurisdiction; or\\n (b) is formally recognized as a beneficiary or covered person under\\nthe other person's employment benefits or health insurance; or\\n (c) is dependent or mutually interdependent on the other person for\\nsupport, as evidenced by the totality of the circumstances indicating a\\nmutual intent to be domestic partners including but not limited to:\\ncommon ownership or joint leasing of real or personal property; common\\nhouseholding, shared income or shared expenses; children in common;\\nsigns of intent to marry or become domestic partners under paragraph (a)\\nor (b) of this subdivision; or the length of the personal relationship\\nof the persons.\\n 3. Each party to a domestic partnership shall be considered to be the\\ndomestic partner of the other party. \"Domestic partner\" shall not\\ninclude a person who is related to the other person by blood in a manner\\nthat would bar marriage to the other person in New York state. \"Domestic\\npartner\" also shall not include any person who is less than eighteen\\nyears of age or who is the adopted child of the other person or who is\\nrelated by blood in a manner that would bar marriage in New York state\\nto a person who is the lawful spouse of the other person.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2805-R", "title" : "Patients unable to verbally communicate", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2805-R", "activeDate" : "2014-09-22", "sequenceNo" : 1037, "repealedDate" : null, "fromSection" : "2805-R", "toSection" : "2805-R", "text" : " § 2805-r. Patients unable to verbally communicate. 1. The department\\nshall make regulations concerning the treatment of general hospital\\npatients who are unable to verbally communicate, for whatever reason,\\nwith a health care practitioner or aide.\\n 2. Such regulations shall establish standards for a patient to have\\npresent during his or her period of admission a parent, guardian,\\nrepresentative or authorized helper to assist in the communication with\\nhealth care personnel.\\n 3. The standards established under this section shall be incorporated\\ninto the statement of rights and responsibilities adopted pursuant to\\nparagraph (g) of subdivision one of section twenty-eight hundred three\\nof this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2805-S", "title" : "Circulating nurse required", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2805-S", "activeDate" : "2014-09-22", "sequenceNo" : 1038, "repealedDate" : null, "fromSection" : "2805-S", "toSection" : "2805-S", "text" : " § 2805-s. Circulating nurse required. A registered nurse, qualified by\\ntraining and experience in operating room nursing, shall be present as a\\ncirculating nurse in any and each separate operating room where surgery\\nis being performed for the duration of the operative procedure. Nothing\\nin this section precludes a circulating nurse from leaving the operating\\nroom as part of the operative procedure, leaving the operating room for\\nshort periods; or, in accordance with employee rules or regulations,\\nbeing relieved during an operative procedure by another circulating\\nnurse assigned to continue the operative procedure.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2805-T", "title" : "Disclosure of nursing quality indicators", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2021-06-25" ], "docLevelId" : "2805-T", "activeDate" : "2014-09-22", "sequenceNo" : 1039, "repealedDate" : null, "fromSection" : "2805-T", "toSection" : "2805-T", "text" : " § 2805-t. Disclosure of nursing quality indicators. 1. Every facility\\nwith an operating certificate pursuant to the requirements of this\\narticle shall make available to the public information regarding nurse\\nstaffing and patient outcomes as specified by the commissioner by rule\\nand regulation. The commissioner shall promulgate rules and regulations\\non the disclosure of nursing quality indicators providing for the\\ndisclosure of information including at least the following, as\\nappropriate to the reporting facility:\\n (a) The number of registered nurses providing direct care and the\\nratio of patients per registered nurse, full-time equivalent, providing\\ndirect care. This information shall be expressed in actual numbers, in\\nterms of total hours of nursing care per patient, including adjustment\\nfor case mix and acuity, and as a percentage of patient care staff, and\\nshall be broken down in terms of the total patient care staff, each\\nunit, and each shift.\\n (b) The number of licensed practical nurses providing direct care.\\nThis information shall be expressed in actual numbers, in terms of total\\nhours of nursing care per patient including adjustment for case mix and\\nacuity, and as a percentage of patient care staff, and shall be broken\\ndown in terms of the total patient care staff, each unit, and each\\nshift.\\n (c) The number of unlicensed personnel utilized to provide direct\\npatient care, including adjustment for case mix and acuity. This\\ninformation shall be expressed both in actual numbers and as a\\npercentage of patient care staff and shall be broken down in terms of\\nthe total patient care staff, each unit, and each shift.\\n (d) Incidence of adverse patient care, including incidents such as\\nmedication errors, patient injury, decubitus ulcers, nosocomial\\ninfections, and nosocomial urinary tract infections.\\n (e) Methods used for determining and adjusting staffing levels and\\npatient care needs and the facility's compliance with these methods.\\n (f) Data regarding complaints filed with any state or federal\\nregulatory agency, or an accrediting agency, and data regarding\\ninvestigations and findings as a result of those complaints, degree of\\ncompliance with acceptable standards, and the findings of scheduled\\ninspection visits.\\n 2. Such information shall be provided to the commissioner of any state\\nagency responsible for licensing or accrediting the facility, or\\nresponsible for overseeing the delivery of services either directly or\\nindirectly and to any member of the public who requests such information\\ndirectly from the facility. Written statements containing such\\ninformation shall state the source and date thereof.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2805-U", "title" : "Credentialing and privileging of health care practitioners providing telemedicine services", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2805-U", "activeDate" : "2014-09-22", "sequenceNo" : 1040, "repealedDate" : null, "fromSection" : "2805-U", "toSection" : "2805-U", "text" : " § 2805-u. Credentialing and privileging of health care practitioners\\nproviding telemedicine services. 1. For purposes of this section:\\n (a) \"Distant site hospital\" means a hospital licensed pursuant to this\\narticle or a hospital licensed by another state, that has entered into\\nan agreement with an originating hospital to make available one or more\\nhealth care practitioners that are members of its clinical staff to the\\noriginating hospital for the purposes of providing telemedicine\\nservices. To qualify as a distant site hospital for purposes of this\\narticle, a hospital licensed by another state must comply with the\\nfederal regulations governing participation by hospitals in Medicare.\\n (b) \"Health care practitioner\" shall mean a person licensed pursuant\\nto article one hundred thirty-one, one hundred thirty-one-B, one hundred\\nthirty-three, one hundred thirty-nine, one hundred forty, one hundred\\nforty-one, one hundred forty-three, one hundred forty-four, one hundred\\nfifty-three, one hundred fifty-four or one hundred fifty-nine of the\\neducation law, or as otherwise authorized by the commissioner.\\n (c) \"Originating hospital\" means the hospital at which a patient is\\nlocated at the time telemedicine services are provided to him or her.\\n (d) \"Telemedicine\" means the delivery of clinical health care services\\nby means of real time two-way electronic audio-visual communications\\nwhich facilitate the assessment, diagnosis, consultation, treatment,\\neducation, care management and self management of a patient's health\\ncare while such patient is at the originating site and the health care\\nprovider is at a distant site.\\n 2. When telemedicine services are provided to an originating\\nhospital's patients pursuant to an agreement with a distant site\\nhospital, the originating hospital may, in lieu of satisfying the\\nrequirements set forth in section twenty-eight hundred five-k of this\\narticle, rely on the credentialing and privileging decisions made by the\\ndistant site hospital in granting or renewing privileges to a health\\ncare practitioner who is a member of the clinical staff of the distant\\nsite hospital, provided that:\\n (a) the distant site hospital participates in Medicare and Medicaid;\\n (b) each health care practitioner providing telemedicine is licensed\\nto practice in this state;\\n (c) the distant site hospital, in accordance with requirements\\notherwise applicable to that hospital, collects and evaluates all\\ncredentialing information concerning each health care practitioner\\nproviding telemedicine services, performs all required verification\\nactivities, and acts on behalf of the originating site hospital for such\\ncredentialing purposes;\\n (d) the distant site hospital reviews periodically, at least every two\\nyears, and as otherwise warranted based on outcomes, complaints or other\\ncircumstances, the credentials, privileges, physical and mental\\ncapacity, and competence in delivering health care services of each\\nhealth care practitioner providing telemedicine services, consistent\\nwith requirements otherwise applicable to that hospital; reports the\\nresults of such review to the originating hospital; and notifies the\\noriginating hospital immediately upon any suspension, revocation, or\\nlimitation of such privileges;\\n (e) with respect to each distant site health care practitioner who\\nholds privileges at the originating hospital, the originating hospital\\nconducts a periodic internal review, at least every two years, of the\\ndistant site practitioner's performance of these privileges and provides\\nthe distant site hospital with such performance information for use in\\nthe distant hospital's periodic appraisal of the distant site physician\\nor health care practitioner. Such information shall include, at a\\nminimum, all adverse events that result from the telemedicine services\\nprovided by the distant site health care practitioner to the originating\\nhospital's patients, all complaints the originating hospital has\\nreceived about the distant site practitioner, and any revocation,\\nsuspension or limitation of the distant site practitioner's privileges\\nby the originating hospital; and\\n (f) the agreement entered into between the originating site hospital\\nand distant site hospital shall be in writing and shall, at a minimum:\\n (i) provide the categories of health care practitioners that are\\neligible candidates for appointment to the originating hospital's\\nclinical staff,\\n (ii) require the governing body of the distant site hospital to comply\\nwith the Medicare conditions of participation governing the appointment\\nof medical staff with regard to the health care practitioners providing\\ntelemedicine services,\\n (iii) itemize the credentialing information to be collected and the\\nrequired verification activities to be performed by the distant site\\nhospital and relied upon by the originating hospital in considering the\\nrecommendations of the distant site hospital,\\n (iv) require each distant site health care practitioner providing\\ntelemedicine services to be licensed to practice in this state and\\nprivileged at the distant site hospital,\\n (v) require the distant site hospital to provide to the originating\\nhospital a current list of each distant site health care practitioner's\\nprivileges at the distant site hospital, and\\n (vi) require the distant site hospital to conduct a periodic review\\nconsistent with requirements otherwise applicable to that hospital, at\\nleast every two years, and as otherwise warranted based on outcomes,\\ncomplaints or other circumstances, the credentials, privileges, physical\\nand mental capacity, and competence in delivering health care services\\nof each health care practitioner providing telemedicine services; to\\nprovide the originating hospital with the results of such review; and to\\nnotify the originating hospital immediately upon any suspension,\\nrevocation, or limitation of such privileges.\\n 3. Nothing in this section shall be construed as allowing an\\noriginating hospital to delegate its authority over and responsibility\\nfor decisions concerning the credentialing and granting staff membership\\nor professional privileges to health care practitioners providing\\ntelemedicine services.\\n 4. Notwithstanding any contrary provision of law, an originating\\nhospital shall not be required to provide a physical examination or to\\nmaintain recorded medical history including immunizations for a health\\ncare provider providing consultations solely through telemedicine from a\\ndistant site hospital.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2805-V", "title" : "Observation services", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2805-V", "activeDate" : "2014-09-22", "sequenceNo" : 1041, "repealedDate" : null, "fromSection" : "2805-V", "toSection" : "2805-V", "text" : " § 2805-v. Observation services. 1. If a general hospital provides\\nobservation services, such services shall be provided in accordance with\\nthis section, and regulations adopted by the council and approved by the\\ncommissioner.\\n 2. Observation services may be provided for such period of time as is\\npermitted by the commissioner by regulation. Such regulations shall be\\nconsistent with federal policies for providing observation services to\\nbeneficiaries, as set forth in title XVIII of the federal social\\nsecurity act (medicare), except where necessary, in the discretion of\\nthe commissioner, to protect and promote patient care and safety.\\n 3. Based on the clinical needs of the patient, which shall be\\ndetermined in prompt fashion by appropriate staff, and the availability\\nof services to meet those needs and patient safety, a general hospital\\nshall determine (a) the proper clinical location for the care of a\\nspecific patient requiring observation services, including whether or\\nnot to provide such services in a distinct physical space, and (b) the\\nappropriate oversight of observation services.\\n 4. Every general hospital providing observation services shall develop\\nand adopt policies and procedures for observation services, including:\\n(a) assignment of a provider who will be responsible for the care of the\\npatient and timely discharge from observation services; (b) clinical\\ncriteria for observation assignment and discharge; and (c) integration\\nwith quality assurance activities of the hospital.\\n 5. The commissioner shall develop outpatient rates for observation\\nservices provided in accordance with this section to patients eligible\\nfor payments made by state governmental entities.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2805-W", "title" : "Patient notice of observation services", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2805-W", "activeDate" : "2014-09-22", "sequenceNo" : 1042, "repealedDate" : null, "fromSection" : "2805-W", "toSection" : "2805-W", "text" : " § 2805-w. Patient notice of observation services. 1. Every general\\nhospital shall provide patients who are placed into observation services\\nby such general hospital with an oral and written notice within\\ntwenty-four hours of such placement that the patient is not admitted to\\nthe hospital and is under observation status. Such written notice shall\\nbe signed by the patient or the patient's legal representative to\\nacknowledge receipt and shall include, but not be limited to, the\\nfollowing information:\\n (a) a statement that observation status may affect the patient's\\nMedicare, Medicaid and/or private insurance coverage for the current\\nhospital services, including medications and other pharmaceutical\\nsupplies, as well as coverage for any subsequent discharge to a skilled\\nnursing facility or home and community based care; and\\n (b) that the patient should contact his or her insurance plan to\\nbetter understand the implications of being placed in observation\\nstatus.\\n 2. The commissioner shall develop and make available guidance on the\\nnotice as described in this section.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2805-X", "title" : "Hospital-home care-physician collaboration program", "docType" : "SECTION", "publishedDates" : [ "2015-05-01", "2023-12-15" ], "docLevelId" : "2805-X", "activeDate" : "2015-05-01", "sequenceNo" : 1043, "repealedDate" : null, "fromSection" : "2805-X", "toSection" : "2805-X", "text" : " § 2805-x. Hospital-home care-physician collaboration program. 1. The\\npurpose of this section shall be to facilitate innovation in hospital,\\nhome care agency and physician collaboration in meeting the community's\\nhealth care needs. It shall provide a framework to support voluntary\\ninitiatives in collaboration to improve patient care access and\\nmanagement, patient health outcomes, cost-effectiveness in the use of\\nhealth care services and community population health. Such collaborative\\ninitiatives may also include payors, skilled nursing facilities and\\nother interdisciplinary providers, practitioners and service entities.\\n 2. For purposes of this section:\\n (a) \"Hospital\" shall include a general hospital as defined in this\\narticle or other inpatient facility for rehabilitation or specialty care\\nwithin the definition of hospital in this article.\\n (b) \"Home care agency\" shall mean a certified home health agency, long\\nterm home health care program or licensed home care services agency as\\ndefined in article thirty-six of this chapter.\\n (c) \"Payor\" shall mean a health plan approved pursuant to article\\nforty-four of this chapter, or article thirty-two or forty-three of the\\ninsurance law.\\n (d) \"Practitioner\" shall mean any of the health, mental health or\\nhealth related professions licensed pursuant to title eight of the\\neducation law.\\n 3. The commissioner is authorized to provide financing including, but\\nnot limited to, grants or positive adjustments in medical assistance\\nrates or premium payments, to the extent of funds available and\\nallocated or appropriated therefor, including funds provided to the\\nstate through federal waivers, funds made available through state\\nappropriations and/or funding through section twenty-eight hundred\\nseven-v of this article, as well as waivers of regulations under title\\nten of the New York codes, rules and regulations, to support the\\nvoluntary initiatives and objectives of this section.\\n 4. Hospital-home care-physician collaborative initiatives under this\\nsection may include, but shall not be limited to:\\n (a) Hospital-home care-physician integration initiatives, including\\nbut not limited to:\\n (i) transitions in care initiatives to help effectively transition\\npatients to post-acute care at home, coordinate follow-up care and\\naddress issues critical to care plan success and readmission avoidance;\\n (ii) clinical pathways for specified conditions, guiding patients'\\nprogress and outcome goals, as well as effective health services use;\\n (iii) application of telehealth/telemedicine services in monitoring\\nand managing patient conditions, and promoting self-care/management,\\nimproved outcomes and effective services use;\\n (iv) facilitation of physician house calls to homebound patients\\nand/or to patients for whom such home visits are determined necessary\\nand effective for patient care management;\\n (v) additional models for prevention of avoidable hospital\\nreadmissions and emergency room visits;\\n (vi) health home development;\\n (vii) development and demonstration of new models of integrated or\\ncollaborative care and care management not otherwise achievable through\\nexisting models; and\\n (viii) bundled payment demonstrations for hospital-to-post-acute-care\\nfor specified conditions or categories of conditions, in particular,\\nconditions predisposed to high prevalence of readmission, including\\nthose currently subject to federal/state penalty, and other discharges\\nwith extensive post-acute needs;\\n (b) Recruitment, training and retention of hospital/home care direct\\ncare staff and physicians, in geographic or clinical areas of\\ndemonstrated need. Such initiatives may include, but are not limited to,\\nthe following activities:\\n (i) outreach and public education about the need and value of service\\nin health occupations;\\n (ii) training/continuing education and regulatory facilitation for\\ncross-training to maximize flexibility in the utilization of staff,\\nincluding:\\n (A) training of hospital nurses in home care;\\n (B) dual certified nurse aide/home health aide certification; and\\n (C) dual personal care aide/HHA certification;\\n (iii) salary/benefit enhancement;\\n (iv) career ladder development; and\\n (v) other incentives to practice in shortage areas; and\\n (c) Hospital - home care - physician collaboratives for the care and\\nmanagement of special needs, high-risk and high-cost patients, including\\nbut not limited to best practices, and training and education of direct\\ncare practitioners and service employees.\\n 5. Hospitals and home care agencies which are provided financing or\\nwaivers pursuant to this section shall report to the commissioner on the\\npatient, service and cost experiences pursuant to this section,\\nincluding the extent to which the project goals are achieved. The\\ncommissioner shall compile and make such reports available on the\\ndepartment's website.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2805-Y", "title" : "Identification and assessment of human trafficking victims", "docType" : "SECTION", "publishedDates" : [ "2016-11-11", "2017-11-10" ], "docLevelId" : "2805-Y", "activeDate" : "2017-11-10", "sequenceNo" : 1044, "repealedDate" : null, "fromSection" : "2805-Y", "toSection" : "2805-Y", "text" : " § 2805-y. Identification and assessment of human trafficking victims.\\n1. As used in this section:\\n (a) \"human trafficking victim\" shall have the meaning set forth in\\nsection four hundred eighty-three-aa of the social services law;\\n (b) \"subject facility\" shall mean a general hospital, public health\\ncenter, diagnostic center, treatment center or outpatient department;\\n (c) \"subject facility personnel\" shall mean nursing, medical, social\\nwork and other clinical care personnel, and security personnel in the\\nsubject facility service units; and\\n (d) \"subject facility service units\" shall mean the service units of\\nthe subject facility that include the following areas: (i) emergency\\nservices; (ii) pediatrics; (iii) obstetrics and gynecology; (iv)\\northopedics; (v) internal medicine; (vi) family medicine; (vii)\\nradiology; (viii) surgery; (ix) psychiatry; and (x) dental services to\\nthe extent the subject facility maintains a dental clinic, center or\\ndepartment on site of the subject facility.\\n 2. Every subject facility shall provide for the identification,\\nassessment, and appropriate treatment or referral of persons suspected\\nas human trafficking victims, and in the case of persons under eighteen\\nyears old, the reporting of such persons as an abused or maltreated\\nchild if required under title six of article six of the social services\\nlaw. The subject facility shall establish and implement written policies\\nand procedures under this section which shall apply to all subject\\nfacility service units.\\n 3. Every subject facility shall provide, on an ongoing basis, to all\\nsubject facility personnel training regarding the policies and\\nprocedures established under this section, including training in the\\nrecognition of indicators of a human trafficking victim and the\\nresponsibilities of such personnel in dealing with persons suspected as\\nhuman trafficking victims. Such training may be incorporated as part of\\nthe subject facility's existing training programs, provided that the\\ntraining includes all of the requirements of this section.\\n 4. The commissioner may identify organizations or providers for\\nconsideration by subject facilities to provide training under this\\nsection. The commissioner may, in consultation with the office of\\ntemporary and disability assistance and the office of children and\\nfamily services, make regulations under this section.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2806", "title" : "Hospital operating certificates; suspension or revocation", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2806", "activeDate" : "2014-09-22", "sequenceNo" : 1045, "repealedDate" : null, "fromSection" : "2806", "toSection" : "2806", "text" : " § 2806. Hospital operating certificates; suspension or revocation. 1.\\nA hospital operating certificate may be revoked, suspended, limited or\\nannulled by the commissioner on proof that: (a) the hospital has failed\\nto comply with the provisions of this article or rules and regulations\\npromulgated thereunder; or (b) a general hospital has refused or failed\\nto admit or to provide for necessary emergency care and treatment for an\\nunidentified person brought to it in an unconscious, seriously ill or\\nwounded condition. A hospital operating certificate shall be revoked,\\nlimited or annulled by the commissioner upon revocation, limitation or\\nannulment by the public health council of approval of establishment of\\nsuch hospital.\\n 2. No hospital operating certificate shall be revoked, suspended,\\nlimited or annulled without a hearing, except for operating certificates\\nrevoked, limited or annulled because of revocation, limitation, or\\nannulment of establishment approval.\\n Also, an operating certificate may be temporarily suspended or limited\\nwithout a hearing for a period not in excess of sixty days upon written\\nnotice to the hospital and opportunity for a hearing following a finding\\nby the department that the public health or safety is in imminent danger\\nor there exists any condition or practice or a continuing pattern of\\nconditions or practices which poses imminent danger to the health or\\nsafety of any patient. The department may also, consistent with\\napplicable federal law and regulations, prohibit or limit the placement\\nof new patients in a residential health care facility without a hearing\\nfor a period not in excess of sixty days upon written notice to such\\nfacility and opportunity for a hearing upon a determination that such\\nfacility no longer substantially meets the requirements of this article\\nand the regulations thereunder and that such deficiencies do not pose an\\nimminent danger to the health and safety of any patient, provided,\\nhowever, that the department shall not make such a determination with\\nrespect to a facility until the facility has had a reasonable\\nopportunity, following the initial determination that such facility no\\nlonger substantially meets the requirements of this article, to correct\\nits deficiencies and following this period, has been given written\\nnotice and opportunity for a hearing. Provided, however, that any delay\\nin the hearing process during the sixty-day period occasioned by the\\nhospital shall toll the running of said suspension or limitation and\\nshall not abridge the full time provided for in this subdivision. Upon\\nsuch finding and notice the power of the commissioner temporarily to\\nsuspend or limit a hospital operating certificate shall include, but\\nshall not be limited to, the power to:\\n (a) prohibit or limit the placement of new patients in the hospital;\\n (b) remove or cause to be removed some or all of the patients in the\\nhospital;\\n (c) suspend or limit or cause to be suspended or limited the payment\\nof any governmental funds to the hospital.\\n At any time subsequent to the suspension or limitation of any\\noperating certificate pursuant to this subdivision, the hospital may\\nrequest the department to reinspect the hospital to redetermine whether\\na specific condition or practice continues to exist. After the receipt\\nof such a request the department shall reinspect the hospital within ten\\ndays and in the event that the previously found condition or practice\\nhas been eliminated the suspension or limitation shall be withdrawn. If\\nthe condition or practice has not been eliminated, the commissioner\\nshall not thereafter be required to reinspect the hospital during the\\ntemporary period of suspension or limitation. Nor shall the commissioner\\nbe required to reinspect upon request during a temporary period of\\nsuspension or limitation any hospital whose operating certificate has\\nbeen temporarily suspended or limited due to the existence of a\\ncontinuing pattern of conditions or practices which poses imminent\\ndanger to the health and safety of any patient.\\n 3. The commissioner shall fix a time and place for the hearing. A copy\\nof the charges, together with the notice of the time and place of the\\nhearing, shall be served in person or mailed by registered or certified\\nmail to the hospital at least ten days before the date fixed for the\\nhearing. The hospital shall file with the department not less than three\\ndays prior to the hearing a written answer to the charges.\\n 4. All orders or determinations hereunder shall be subject to review\\nas provided in article seventy-eight of the civil practice law and\\nrules. Application for such review must be made within sixty days after\\nservice in person or by registered or certified mail of a copy of the\\norder or determination upon the applicant.\\n 5. (a) Except as provided in paragraphs (b) and (d) of this\\nsubdivision, anything contained in this section or in a certificate of\\nrelief from disabilities or a certificate of good conduct issued\\npursuant to article twenty-three of the correction law to the contrary\\nnotwithstanding, a hospital operating certificate of a hospital under\\ncontrol of a controlling person as defined in paragraph (a) of\\nsubdivision twelve of section twenty-eight hundred one-a of this\\narticle, or under control of any other entity, shall be revoked upon a\\nfinding by the department that such controlling person or any\\nindividual, member of a partnership or shareholder of a corporation to\\nwhom or to which an operating certificate has been issued, has been\\nconvicted of a class A, B or C felony, or a felony related in any way to\\nany activity or program subject to the regulations, supervision, or\\nadministration of the department or of the office of temporary and\\ndisability assistance or in violation of the public officers law in a\\ncourt of competent jurisdiction in the state, or of a crime outside the\\nstate which, if committed within the state, would have been a class A, B\\nor C felony or a felony related in any way to any activity or program\\nsubject to the regulations, supervision, or administration of the\\ndepartment or of the office of temporary and disability assistance or in\\nviolation of the public officers law.\\n (b) In the event one or more members of a partnership or shareholders\\nof a corporation shall have been convicted of a felony as described in\\nparagraph (a) of this subdivision, the commissioner shall, in addition\\nto his other powers, limit the existing operating certificate of such\\npartnership or corporation so that it shall apply only to the remaining\\npartner or shareholders, as the case may be, provided that every such\\nconvicted person immediately and completely ceases and withdraws from\\nparticipation in the management and operation of the hospital, and\\nfurther provided that an application for approval of change of ownership\\nor transfer of stock is filed without delay in accordance with the\\npertinent provisions of section twenty-eight hundred one-a of this\\nchapter.\\n (c) With respect to the conviction of any such person of a class D or\\nE felony, the commissioner shall make a determination before revoking,\\nor limiting pursuant to paragraph (b), the operating certificate that\\nsuch conviction was related to an activity or program subject to the\\nregulations, supervision, or administration of the department or of the\\ndepartment of social services. With respect to the conviction of such\\nperson of a crime committed outside the state, the commissioner shall\\nmake a determination before revoking, or limiting pursuant to paragraph\\n(b), the operating certificate that such crime, if committed within the\\nstate, would have been a class A, B or C felony or a felony related to\\nan activity or program subject to the regulations, supervision, or\\nadministration of the department or of the department of social services\\nor in violation of the public officers law. The commissioner shall\\nnotify the person convicted that such determination has been made and\\nshall give such person thirty days to request a hearing pursuant to this\\nsubdivision.\\n (d) The commissioner shall not revoke, or limit pursuant to paragraph\\n(b) of this subdivision, the operating certificate of any facility\\nsolely because of a conviction, more than ten years prior to the\\neffective date of this paragraph, of any person of a felony unless the\\ncommissioner makes a determination that such conviction was related to\\nan activity or program subject to the regulations, supervision, or\\nadministration of the department or of the department of social\\nservices. The commissioner shall not revoke, or limit pursuant to\\nparagraph (b) of this subdivision, the operating certificate of any\\nfacility solely because of the conviction, more than ten years prior to\\nthe effective date of this paragraph, of any person of a crime outside\\nthe state unless the commissioner makes a determination that such crime,\\nif committed within the state, would have been a felony related to an\\nactivity or program subject to the regulations, supervision, or\\nadministration of the department or of the department of social services\\nor in violation of the public officers law. The commissioner shall\\nnotify the person convicted that such determination has been made and\\nshall give such person thirty days to request a hearing pursuant to this\\nsubdivision.\\n (e) Any hearing conducted hereunder shall be strictly limited to the\\nissue of whether the determination of the commissioner is supported by\\nthe evidence. All such hearings shall be conducted as provided in\\nparagraph (f) of this subdivision, and no hearing, revocation or\\nlimitation shall be stayed by the pendency of any appeal or other\\nchallenge to the conviction.\\n (f) The commissioner shall fix a time and place for the hearing. A\\ncopy of the notice and charges shall be served in person or mailed by\\nregistered or certified mail no less than ten days before the date fixed\\nfor the hearing. A written answer to the charges shall be filed with the\\ndepartment not less than two days prior to the hearing. No adjournment\\nshall be granted in excess of forty-eight hours. The respondent may\\nattend the hearing in person, with or without counsel, or be represented\\nby counsel alone, but need not attend personally if unavailable because\\nof incarceration, hospitalization or other reason. If no answer is filed\\nwith the department within the time limitation of this paragraph, a\\nhearing shall be deemed to have been waived, and the commissioner shall\\nissue an order based on the record before him.\\n (g) Nothing in this subdivision shall be construed to limit the\\nauthority of the public health council to revoke, limit or annul any\\napproval of establishment.\\n 6. (a) Notwithstanding the provisions of subdivisions two through four\\nof this section, the commissioner shall suspend, limit, modify, or\\nrevoke a hospital operating certificate, after taking into consideration\\nthe total number of beds necessary to meet the public need, the\\navailability of facilities or services such as preadmission, ambulatory,\\nhome care or other services which may serve as alternatives or\\nsubstitutes for the whole or any part of any such hospital facility,\\nand, in the case of modification, the level of care and the nature and\\ntype of services provided or required by all or some of the patients in\\nor seeking admission to such hospital facility, and whether such level\\nof care is consistent with the operating certificate of the hospital,\\nand after finding that suspending, limiting, modifying, or revoking the\\noperating certificate of such facility would be within the public\\ninterest in order to conserve health resources by restricting the number\\nof beds and/or the level of services to those which are actually needed.\\n (b) Whenever any finding as described in paragraph (a) of this\\nsubdivision is under consideration with respect to any particular\\nfacility, the commissioner shall cause to be published, in a newspaper\\nof general circulation in the geographic area of the facility at least\\nthirty days prior to making such a finding an announcement that such a\\nfinding is under consideration and an address to which interested\\npersons can write to make their views known. The commissioner shall take\\nall public comments into consideration in making such a finding.\\n (c) The commissioner shall, upon making any finding described in\\nparagraph (a) of this subdivision with respect to any facility, cause\\nsuch facility and the appropriate health systems agency to be notified\\nof the finding at least thirty days in advance of taking the proposed\\naction to revoke, suspend, limit, or modify the facility's operating\\ncertificate. Upon receipt of any such notification and before the\\nexpiration of the thirty days or such longer period as may be specified\\nin the notice, the facility or the appropriate health systems agency may\\nrequest a public hearing to be held in the county in which the hospital\\nis located. In no event shall the revocation, suspension or limitation\\ntake effect prior to the thirtieth day after the date of the notice, or\\nprior to the effective date specified in the notice or prior to the date\\nof the hearing decision, whichever is later.\\n (d) In the case of a modification of an operating certificate by the\\ncommissioner pursuant to paragraph (a) of this subdivision, the\\ncommissioner may not modify an operating certificate to reclassify beds\\npreviously authorized as hospital beds to domiciliary care beds or to\\nincrease the total number of beds authorized by such certificate, and,\\nprovided further that no patient in a hospital is to be removed as a\\nresult of the pendency or conclusion of a proceeding pursuant to this\\nsubdivision.\\n (e) Except as otherwise provided by law, all appeals from a finding of\\nthe commissioner made pursuant to paragraph (a) of this subdivision\\nshall be directly to the appellate division of the supreme court in the\\nthird department. Except as otherwise expressly provided by law, such\\nappeals shall have preference over all issues in all courts.\\n (f) In determining whether there is a public need for any services or\\nfacilities as required by this subdivision, the commissioner shall\\nconsider the advice of the state health planning and development agency\\ndesignated pursuant to the provisions of the national health planning\\nand resources development act of nineteen hundred seventy-four and any\\namendments thereto and the state health plan developed thereunder.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2806-A", "title" : "Temporary operator", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-05-01", "2016-04-22", "2019-04-19", "2022-04-22" ], "docLevelId" : "2806-A", "activeDate" : "2019-04-19", "sequenceNo" : 1046, "repealedDate" : null, "fromSection" : "2806-A", "toSection" : "2806-A", "text" : " * § 2806-a. Temporary operator. 1. For the purposes of this section:\\n (a) \"adult care facility\" shall mean an adult home or enriched housing\\nprogram licensed pursuant to article seven of the social services law or\\nan assisted living residence licensed pursuant to article forty-six-B of\\nthis chapter;\\n (b) \"established operator\" shall mean the operator of an adult care\\nfacility, a general hospital or a diagnostic and treatment center that\\nhas been established and issued an operating certificate as such\\npursuant to this article;\\n (c) \"facility\" shall mean (i) a general hospital or a diagnostic and\\ntreatment center that has been issued an operating certificate as such\\npursuant to this article; or (ii) an adult care facility;\\n (d) \"temporary operator\" shall mean any person or entity that:\\n (i) agrees to operate a facility on a temporary basis in the best\\ninterests of its residents or patients and the community served by the\\nfacility; and\\n (ii) has demonstrated that he or she has the character, competence and\\nfinancial ability to operate the facility in compliance with applicable\\nstandards;\\n (e) \"serious financial instability\" shall include but not be limited\\nto defaulting or violating key covenants of loans, or missed mortgage\\npayments, or general untimely payment of obligations, including but not\\nlimited to employee benefit fund, payroll tax, and insurance premium\\nobligations, or failure to maintain required debt service coverage\\nratios or, as applicable, factors that have triggered a written event of\\ndefault notice to the department by the dormitory authority of the state\\nof New York; and\\n (f) \"extraordinary financial assistance\" shall mean state funds\\nprovided to a facility upon such facility's request for the purpose of\\nassisting the facility to address serious financial instability. Such\\nfunds may be derived from existing programs within the department,\\nspecial appropriations, or other funds.\\n (g) \"improper delegation of management authority by the governing\\nauthority or operator\" of a general hospital shall include, but not be\\nlimited to, the delegation to an entity that has not been established as\\nan operator of the general hospital of (i) authority to hire or fire the\\nadministrator or other key management employees; (ii) maintenance and\\ncontrol of the books and records; (iii) authority over the disposition\\nof assets and the incurring of liabilities on behalf of the facility;\\nand (iv) the adoption and enforcement of policies regarding the\\noperation of the facility. The criteria set forth in this paragraph\\nshall not be the sole determining factors, but indicators to be\\nconsidered with such other factors that may be pertinent in particular\\ninstances. Professional expertise shall be exercised in the utilization\\nof the criteria. All of the listed indicia need not be present in a\\ngiven instance for there to be an improper delegation of authority.\\n 2. (a) In the event that: (i) a facility seeks extraordinary financial\\nassistance and the commissioner finds that the facility is experiencing\\nserious financial instability that is jeopardizing existing or continued\\naccess to essential services within the community, or (ii) the\\ncommissioner finds that there are conditions within the facility that\\nseriously endanger the life, health or safety of residents or patients,\\nthe commissioner may appoint a temporary operator to assume sole control\\nand sole responsibility for the operations of that facility, or (iii)\\nthe commissioner finds that there has been an improper delegation of\\nmanagement authority by the governing authority or operator of a general\\nhospital, the commissioner shall appoint a temporary operator to assume\\nsole control and sole responsibility for the operations of that\\nfacility. The appointment of the temporary operator shall be effectuated\\npursuant to this section and shall be in addition to any other remedies\\nprovided by law.\\n (b) The established operator of a facility may at any time request the\\ncommissioner to appoint a temporary operator. Upon receiving such a\\nrequest, the commissioner may, if he or she determines that such an\\naction is necessary to restore or maintain the provision of quality care\\nto the residents or patients or alleviate the facility's financial\\ninstability, enter into an agreement with the established operator for\\nthe appointment of a temporary operator to assume sole control and sole\\nresponsibility for the operations of that facility.\\n 3. (a) A temporary operator appointed pursuant to this section shall,\\nprior to his or her appointment as temporary operator, provide the\\ncommissioner with a work plan satisfactory to the commissioner to\\naddress the facility's deficiencies and serious financial instability\\nand a schedule for implementation of such plan. A work plan shall not be\\nrequired prior to the appointment of the temporary operator pursuant to\\nclause (ii) of paragraph (a) of subdivision two of this section if the\\ncommissioner has determined that the immediate appointment of a\\ntemporary operator is necessary because public health or safety is in\\nimminent danger or there exists any condition or practice or a\\ncontinuing pattern of conditions or practices which poses imminent\\ndanger to the health or safety of any patient or resident of the\\nfacility. Where such immediate appointment has been found to be\\nnecessary, the temporary operator shall provide the commissioner with a\\nwork plan satisfactory to the commissioner as soon as practicable.\\n (b) The temporary operator shall use his or her best efforts to\\nimplement the work plan provided to the commissioner, if applicable, and\\nto correct or eliminate any deficiencies or financial instability in the\\nfacility and to promote the quality and accessibility of health care\\nservices in the community served by the facility. Such correction or\\nelimination of deficiencies or serious financial instability shall not\\ninclude major alterations of the physical structure of the facility.\\nDuring the term of his or her appointment, the temporary operator shall\\nhave the sole authority to direct the management of the facility in all\\naspects of operation and shall be afforded full access to the accounts\\nand records of the facility. The temporary operator shall, during this\\nperiod, operate the facility in such a manner as to promote safety and\\nthe quality and accessibility of health care services or residential\\ncare in the community served by the facility. The temporary operator\\nshall have the power to let contracts therefor or incur expenses on\\nbehalf of the facility, provided that where individual items of repairs,\\nimprovements or supplies exceed ten thousand dollars, the temporary\\noperator shall obtain price quotations from at least three reputable\\nsources. The temporary operator shall not be required to file any bond.\\nNo security interest in any real or personal property comprising the\\nfacility or contained within the facility, or in any fixture of the\\nfacility, shall be impaired or diminished in priority by the temporary\\noperator. Neither the temporary operator nor the department shall engage\\nin any activity that constitutes a confiscation of property without the\\npayment of fair compensation.\\n 4. The temporary operator shall be entitled to a reasonable fee, as\\ndetermined by the commissioner, and necessary expenses incurred during\\nhis or her performance as temporary operator, to be paid from the\\nrevenue of the facility. The temporary operator shall collect incoming\\npayments from all sources and apply them to the reasonable fee and to\\ncosts incurred in the performance of his or her functions as temporary\\noperator in correcting deficiencies and causes of serious financial\\ninstability. The temporary operator shall be liable only in his or her\\ncapacity as temporary operator for injury to person and property by\\nreason of conditions of the facility in a case where an established\\noperator would have been liable; he or she shall not have any liability\\nin his or her personal capacity, except for gross negligence and\\nintentional acts.\\n 5. (a) The initial term of the appointment of the temporary operator\\nshall not exceed one hundred eighty days. After one hundred eighty days,\\nif the commissioner determines that termination of the temporary\\noperator would cause significant deterioration of the quality of, or\\naccess to, health care or residential care in the community or that\\nreappointment is necessary to correct the conditions within the facility\\nthat seriously endanger the life, health or safety of residents or\\npatients, or the financial instability that required the appointment of\\nthe temporary operator, the commissioner may authorize up to two\\nadditional ninety-day terms.\\n (b) Upon the completion of the two ninety-day terms referenced in\\nparagraph (a) of this subdivision,\\n (i) if the established operator is the debtor in a bankruptcy\\nproceeding, and the commissioner determines that the temporary operator\\nrequires additional terms to operate the facility during the pendency of\\nthe bankruptcy proceeding and to carry out any plan resulting from the\\nproceeding, the commissioner may reappoint the temporary operator for\\nadditional ninety-day terms until the termination of the bankruptcy\\nproceeding, provided that the commissioner shall provide for notice and\\na hearing as set forth in subdivision six of this section; or\\n (ii) if the established operator requests the reappointment of the\\ntemporary operator, the commissioner may reappoint the temporary\\noperator for one additional ninety-day term, pursuant to an agreement\\nbetween the established operator, the temporary operator and the\\ndepartment.\\n (c) Within fourteen days prior to the termination of each term of the\\nappointment of the temporary operator, the temporary operator shall\\nsubmit to the commissioner and to the established operator a report\\ndescribing:\\n (i) the actions taken during the appointment to address such\\ndeficiencies and financial instability,\\n (ii) objectives for the continuation of the temporary operatorship if\\nnecessary and a schedule for satisfaction of such objectives,\\n (iii) recommended actions for the ongoing operation of the facility\\nsubsequent to the term of the temporary operator including\\nrecommendations regarding the proper management of the facility and\\nongoing agreements with individuals or entities with proper delegation\\nof management authority; and\\n (iv) with respect to the first ninety-day term referenced in paragraph\\n(a) of this subdivision, a plan for sustainable operation to avoid\\nclosure, or transformation of the facility which may include any option\\npermissible under this chapter or the social services law and\\nimplementing regulations thereof. The report shall reflect best efforts\\nto produce a full and complete accounting.\\n (d) The term of the initial appointment and of any subsequent\\nreappointment may be terminated prior to the expiration of the\\ndesignated term, if the established operator and the commissioner agree\\non a plan of correction and the implementation of such plan.\\n 6. (a) The commissioner, upon making a determination to appoint a\\ntemporary operator pursuant to paragraph (a) of subdivision two of this\\nsection shall, prior to the commencement of the appointment, cause the\\nestablished operator of the facility to be notified of the determination\\nby registered or certified mail addressed to the principal office of the\\nestablished operator. Such notification shall include a detailed\\ndescription of the findings underlying the determination to appoint a\\ntemporary operator, and the date and time of a required meeting with the\\ncommissioner and/or his or her designee within ten business days of the\\ndate of such notice. At such meeting, the established operator shall\\nhave the opportunity to review and discuss all relevant findings. At\\nsuch meeting or within ten additional business days, the commissioner\\nand the established operator shall attempt to develop a mutually\\nsatisfactory plan of correction and schedule for implementation. In the\\nevent such plan of correction is agreed upon, the commissioner shall\\nnotify the established operator that the commissioner no longer intends\\nto appoint a temporary operator. A meeting shall not be required prior\\nto the appointment of the temporary operator pursuant to clause (ii) of\\nparagraph (a) of subdivision two of this section if the commissioner has\\ndetermined that the immediate appointment of a temporary operator is\\nnecessary because public health or safety is in imminent danger or there\\nexists any condition or practice or a continuing pattern of conditions\\nor practices which poses imminent danger to the health or safety of any\\npatient or resident of the facility. Where such immediate appointment\\nhas been found to be necessary, the commissioner shall provide the\\nestablished operator with a notice as required under this paragraph on\\nthe date of the appointment of the temporary operator.\\n (b) Should the commissioner and the established operator be unable to\\nestablish a plan of correction pursuant to paragraph (a) of this\\nsubdivision, or should the established operator fail to respond to the\\ncommissioner's initial notification, a temporary operator shall be\\nappointed as soon as is practicable and shall operate pursuant to the\\nprovisions of this section.\\n (c) The established operator shall be afforded an opportunity for an\\nadministrative hearing on the commissioner's determination to appoint a\\ntemporary operator. Such administrative hearing shall occur prior to\\nsuch appointment, except that the hearing shall not be required prior to\\nthe appointment of the temporary operator pursuant to clause (ii) of\\nparagraph (a) of subdivision two of this section if the commissioner has\\ndetermined that the immediate appointment of a temporary operator is\\nnecessary because public health or safety is in imminent danger or there\\nexists any condition or practice or a continuing pattern of conditions\\nor practices which poses imminent danger to the health or safety of any\\npatient or resident of the facility. An administrative hearing as\\nprovided for under this paragraph shall begin no later than sixty days\\nfrom the date of the notice to the established operator and shall not be\\nextended without the consent of both parties. Any such hearing shall be\\nstrictly limited to the issue of whether the determination of the\\ncommissioner to appoint a temporary operator is supported by substantial\\nevidence. A copy of the decision shall be sent to the established\\noperator.\\n (d) The commissioner shall, upon making a determination to reappoint a\\ntemporary operator for the first of an additional ninety-day term\\npursuant to paragraph (a) of subdivision five of this section, cause the\\nestablished operator of the facility to be notified of the determination\\nby registered or certified mail addressed to the principal office of the\\nestablished operator. If the commissioner determines that additional\\nreappointments pursuant to subparagraph (i) of paragraph (b) of\\nsubdivision five of this section are required, the commissioner shall\\nagain cause the established operator of the facility to be notified of\\nsuch determination by registered or certified mail addressed to the\\nprincipal office of the established operator at the commencement of the\\nfirst of every two additional terms. Upon receipt of such notification\\nat the principal office of the established operator and before the\\nexpiration of ten days thereafter, the established operator may request\\nan administrative hearing on the determination to begin no later than\\nsixty days from the date of the reappointment of the temporary operator.\\nAny such hearing shall be strictly limited to the issue of whether the\\ndetermination of the commissioner to reappoint the temporary operator is\\nsupported by substantial evidence.\\n 7. No provision contained in this section shall be deemed to relieve\\nthe established operator or any other person of any civil or criminal\\nliability incurred, or any duty imposed by law, by reason of acts or\\nomissions of the established operator or any other person prior to the\\nappointment of any temporary operator hereunder; nor shall anything\\ncontained in this section be construed to suspend during the term of the\\nappointment of the temporary operator any obligation of the established\\noperator or any other person for the payment of taxes or other operating\\nand maintenance expenses of the facility nor of the established operator\\nor any other person for the payment of mortgages or liens.\\n 8. The commissioner shall cause the temporary president of the senate,\\nthe speaker of the assembly, and the chairs of the senate and the\\nassembly health committees to be notified of the appointment of a\\ntemporary operator pursuant to paragraph (a) of subdivision two of this\\nsection upon such appointment. Such notification shall include, but not\\nbe limited to, the name of the established operator, the name of the\\nappointed temporary operator and a description of the reasons for such\\nappointment to the extent practicable under the circumstances and in the\\nsole discretion of the commissioner.\\n * NB Repealed March 28, 2022\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2806-B", "title" : "Residential health care facilities; revocation of operating certificate", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2806-B", "activeDate" : "2014-09-22", "sequenceNo" : 1047, "repealedDate" : null, "fromSection" : "2806-B", "toSection" : "2806-B", "text" : " § 2806-b. Residential health care facilities; revocation of operating\\ncertificate. Upon a determination by the commissioner that there exist\\noperational deficiencies in a residential health care facility which\\nshow:\\n (a) a condition or conditions in substantial violation of the\\nstandards for health, safety or patient care established under federal\\nor state law or regulations; or\\n (b) any other conditions dangerous to life, health or safety; or\\n (c) that there exists in the facility a pattern or practice of\\nhabitual violation of the standards of health, safety or patient care\\nestablished under federal or state law or regulations, the commissioner\\nshall take the actions prescribed by section twenty-eight hundred six of\\nthis article to revoke the operating certificate of the residential\\nhealth care facility which was the subject of such finding and, where he\\ndeems it to be in the public interest, he may petition a court of\\ncompetent jurisdiction to appoint a caretaker as defined in section\\ntwenty-eight hundred one of this article. The petition, the proceedings\\nand the procedures for the appointment of a caretaker shall be governed\\nby the provisions of subdivision two of section twenty-eight hundred ten\\nof this article, and the powers, duties and rights of a caretaker\\nappointed pursuant to this section shall be the same as those authorized\\nby such subdivision.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2807", "title" : "Hospital reimbursement provisions; generally", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-05-01", "2015-06-05", "2017-04-28", "2018-04-27", "2018-05-25", "2019-04-19", "2019-12-20", "2020-04-17", "2021-04-23", "2021-09-17", "2022-04-22", "2023-05-12", "2023-06-23", "2023-10-06", "2024-01-05", "2024-04-26", "2024-05-03", "2026-05-29", "2026-06-05" ], "docLevelId" : "2807", "activeDate" : "2019-04-19", "sequenceNo" : 1048, "repealedDate" : null, "fromSection" : "2807", "toSection" : "2807", "text" : " § 2807. Hospital reimbursement provisions; generally. 1. Valid\\noperating certificate requirement. No government agency and no\\ncorporation organized and operating in accordance with article\\nforty-three of the insurance law and no health maintenance organization\\norganized and operating in accordance with article forty-four of this\\nchapter, shall purchase, pay for or make reimbursement or grants-in-aid\\nfor any hospital or health-related service, unless, at the time the\\nservice was provided, the hospital possessed a valid operating\\ncertificate authorizing such service. No government agency shall\\npurchase, pay for or make reimbursement or grants-in-aid for any\\nhospital or health-related service that has been determined by the\\ncommissioner of health to be unauthorized for payment under the medical\\nassistance program pursuant to section twenty-eight hundred three of\\nthis article.\\n 2. (a) Rate approvals. Payments for hospital service and\\nhealth-related service made by government agencies or for services\\nprovided prior to January first, nineteen hundred ninety-seven by\\norganizations operating in accordance with the provisions of article\\nforty-four of this chapter shall be at rates approved by the state\\ndirector of the budget in the case of government agencies and approved\\nby the commissioner in the case of plans, organized and operating under\\nthe provisions of article forty-four of this chapter, under which such\\npayments are made by agencies other than government agencies or\\ncorporations organized and operating in accordance with article\\nforty-three of the insurance law. Payments for hospital service and\\nhealth-related service by corporations organized and operating in\\naccordance with article forty-three of the insurance law for services\\nprovided prior to January first, nineteen hundred ninety-seven shall be\\nat rates approved by the commissioner of health.\\n (a-1) Notwithstanding any inconsistent provision of law, rates of\\npayment by governmental agencies for the operating cost component of\\ngeneral hospital out-patient and emergency services, and for the\\noperating cost component of treatment or diagnostic center services\\nshall not require a certification by the commissioner that they are\\nreasonably related to the costs of efficient production of such services\\nnor that they are reasonable and adequate to meet the costs which must\\nbe incurred by efficiently and economically operated facilities.\\n (b) During the period October first, nineteen hundred ninety-four\\nthrough September thirtieth, nineteen hundred ninety-five and for each\\ntwelve month rate period commencing on October first thereafter, rates\\nof payment by governmental agencies for the operating cost component of\\ntreatment or diagnostic center services shall be based on operating\\ncosts in the base year cost report adjusted by a trend factor determined\\nin accordance with rules and regulations promulgated pursuant to\\nparagraph (b) of subdivision two of section twenty-eight hundred three\\nof this article; provided, however, that prior to such adjustment,\\nallowable operating costs shall be established by the commissioner after\\ntaking into account the cost of services provided in facilities offering\\nsimilar services and regional economic factors, plus the addition of the\\ncapital cost per visit. The capital cost per visit shall be based on the\\nbase year cost report except that the capital cost per visit may be\\nadjusted for major outpatient capital expenditures, incurred subsequent\\nto the reporting year, when such expenditures have received the\\nrequisite approvals and the facility has provided the commissioner with\\na certified statement of expenditures. The base year for the rate period\\ncommencing on October first, nineteen hundred ninety-four shall be\\nnineteen hundred ninety-two and shall be advanced one year thereafter\\nfor each subsequent rate period.\\n (c) Notwithstanding any other provision of law to the contrary, for a\\ndiagnostic and treatment center licensed pursuant to this article that\\nprovides, as its principal mission, services to individuals with\\ndevelopmental disabilities, the commissioner may fully or partially\\nwaive or modify recoupment of medical assistance payments based on\\nretroactive changes to the applicable formula for capital costs for the\\nperiod of September first, two thousand nine to December thirty-first,\\ntwo thousand twelve.\\n * (e) Notwithstanding any inconsistent provisions of this subdivision\\nor any other law, payments made by governmental agencies for ambulatory\\nsurgical services provided by a hospital, including general hospitals\\nand diagnostic and treatment centers, during the period June first,\\nnineteen hundred eighty-nine through December thirty-first, nineteen\\nhundred eighty-nine and the period January first, nineteen hundred\\nninety through December thirty-first, nineteen hundred ninety and every\\ntwelve month rate period thereafter shall be at case based rates of\\nreimbursement established by the commissioner and approved by the state\\ndirector of the budget. Ambulatory surgical services case based rates of\\npayment shall be established prospectively and shall include operating\\ncosts and capital costs. Factors considered in establishing such case\\nbased rates shall include, but not be limited to: a classification of\\nprocedures with individual or combined rates established for each\\nservices classification; operating and capital costs of ambulatory\\nsurgical services efficiently and economically provided, considering\\nregional economic factors, trended to the rate period; and the need for\\nincentives to improve services and institute economies.\\n * NB Expired April 1, 2011\\n * (f) (i) During the period July first, nineteen hundred ninety\\nthrough March thirty-first, nineteen hundred ninety-one, the rate\\nperiods during the period April first, nineteen hundred ninety-one\\nthrough September thirtieth, nineteen hundred ninety-four and for each\\nfiscal year period commencing on October first thereafter, comprehensive\\nclinic rates of payment by governmental agencies established in\\naccordance with paragraph (b) of this subdivision, applicable for\\nservices provided to individuals eligible for medical assistance\\npursuant to title eleven of article five of the social services law for\\nvoluntary non-profit or publicly sponsored diagnostic and treatment\\ncenters providing a comprehensive range of primary health care services\\nwhich can demonstrate, on forms provided by the commissioner, losses\\nfrom a disproportionate share of bad debt and charity care during a base\\nyear period established by regulation may include an allowance\\ndetermined in accordance with this paragraph to reflect the needs of the\\ndiagnostic and treatment center for the financing of losses resulting\\nfrom bad debt and the costs of charity care. Losses resulting from bad\\ndebt and the costs of charity care shall be determined by the\\ncommissioner considering, but not limited to, such factors as the losses\\nresulting from bad debt and the costs of charity care provided by the\\ndiagnostic and treatment center and the availability of other financial\\nsupport, including state and local assistance public health aid, to meet\\nthe losses resulting from bad debt and the costs of charity care of the\\ndiagnostic and treatment center. The bad debt and charity care allowance\\nfor a diagnostic and treatment center for a rate period shall be\\ndetermined by the commissioner in accordance with rules and regulations\\nadopted by the council and approved by the commissioner, and shall be\\nconsistent with the purposes for which such allowances are authorized\\nfor general hospitals pursuant to the provisions of article twenty-eight\\nof this chapter and rules and regulations promulgated by the\\ncommissioner. A diagnostic and treatment center applying for a bad debt\\nand charity care allowance pursuant to this paragraph shall provide\\nassurances satisfactory to the commissioner that it shall undertake\\nreasonable efforts to maintain financial support from community and\\npublic funding sources and reasonable efforts to collect payments for\\nservices from third party insurance payors, governmental payors and\\nself-paying patients. To be eligible for an allowance pursuant to this\\nparagraph, a diagnostic and treatment center must provide a\\ncomprehensive range of primary health care services and must demonstrate\\nthat a minimum of fifteen percent of total clinic visits reported during\\nthe applicable base year period were to uninsured individuals. The\\ncommissioner may retrospectively reduce the bad debt and charity care\\nallowance of a diagnostic and treatment center if it is determined that\\nprovider management actions or decisions have caused a significant\\nreduction for the rate period in the delivery of comprehensive primary\\nhealth care services to bad debt and charity care residents of the\\ncommunity.\\n (ii) The total amount of funds to be allocated and distributed for bad\\ndebt and charity care allowances to eligible voluntary and nonprofit\\ndiagnostic and treatment centers for a rate period in accordance with\\nthis paragraph shall be limited to an annual aggregate amount of seven\\nmillion three hundred thousand dollars. The total amount of funds to be\\nallocated and distributed for bad debt and charity care allowances to\\neligible publicly sponsored diagnostic and treatment centers for a rate\\nperiod in accordance with this paragraph shall be limited to an annual\\naggregate amount of seven million seven hundred thousand dollars;\\nprovided, however, that twenty percent of the amount of funds allocated\\nfor distribution to eligible publicly sponsored diagnostic and treatment\\ncenters shall be available for clinics operating under the auspices of\\nthe Health and Hospitals Corporation. Notwithstanding the foregoing and\\nany other provision of this chapter municipalities which received state\\naid, pursuant to article two of the public health law and prior to the\\neffective date of this chapter, in support of non-hospital based\\nfree-standing or local health department operated general medical\\nclinics, shall receive a bad debt and charity care allowance of not less\\nthan the amount received in the nineteen hundred eighty-nine--nineteen\\nhundred ninety state fiscal year for general medical clinics, plus the\\napplicable local share for medical assistance expenditures under title\\nXIX of the federal social security act. Funds to be distributed pursuant\\nto this subparagraph shall be based on losses associated with the\\ndelivery of bad debt and charity care excluding the amount of such\\nlosses determined in accordance with subparagraph (ix) of this paragraph\\nas the incremental loss basis for a supplemental allowance for a\\ndiagnostic and treatment center designated as a preferred primary care\\nprovider.\\n (iii) No diagnostic and treatment center may receive a bad debt and\\ncharity care allowance in accordance with this paragraph in an amount\\nwhich exceeds its need for the financing of losses associated with the\\ndelivery of bad debt and charity care.\\n (iv) A nominal payment amount for the financing of losses associated\\nwith the delivery of bad debt and charity care will be established for\\neach eligible diagnostic and treatment center. The nominal payment\\namount shall be calculated as the sum of the dollars attributable to the\\napplication of an incrementally increasing nominal coverage percentage\\nof base year period losses associated with the delivery of bad debt and\\ncharity care for percentage increases in the relationship between base\\nyear period eligible bad debt and charity care clinic visits and base\\nyear period total clinic visits according to the following scale:\\n% of eligible bad debt and charity care % of nominal financial\\n clinic visits to total visits loss coverage\\n up to 15% 50%\\n 15 - 30% 75%\\n 30%+ 100%\\nIf the sum of the nominal payment amounts for all eligible voluntary\\nnon-profit diagnostic and treatment centers or for all eligible public\\ndiagnostic and treatment centers is less than the amount allocated for\\nbad debt and charity care allowances pursuant to subparagraph (ii) or\\n(ix) respectively of this paragraph for such diagnostic and treatment\\ncenters respectively, the nominal coverage percentages of base year\\nperiod losses associated with the delivery of bad debt and charity care\\npursuant to this scale may be increased to not more than one hundred\\npercent for voluntary non-profit diagnostic and treatment centers or for\\npublic diagnostic and treatment centers in accordance with rules and\\nregulations adopted by the council and approved by the commissioner.\\n (v) The bad debt and charity care allowance for each eligible\\nvoluntary non-profit diagnostic and treatment center shall be based on\\nthe dollar value of the result of the ratio of total funds allocated for\\nbad debt and charity care allowances for voluntary non-profit diagnostic\\nand treatment centers pursuant to subparagraph (ii) of this paragraph to\\nthe total statewide nominal payment amounts for all eligible voluntary\\nnon-profit diagnostic and treatment centers determined in accordance\\nwith subparagraph (iv) of this paragraph applied to the nominal payment\\namount for each such diagnostic and treatment center.\\n (vi) The bad debt and charity care allowance for each eligible public\\ndiagnostic and treatment center shall be based on the dollar value of\\nthe result of the ratio of total funds allocated for bad debt and\\ncharity care allowances for public diagnostic and treatment centers\\npursuant to subparagraph (ii) of this paragraph to the total statewide\\nnominal payment amounts for all eligible public diagnostic and treatment\\ncenters determined in accordance with subparagraph (iv) of this\\nparagraph applied to the nominal payment amount for each such diagnostic\\nand treatment center.\\n (vii) Diagnostic and treatment centers shall furnish to the department\\nsuch reports and information as may be required by the commissioner to\\nassess the cost, quality, access to, effectiveness and efficiency of bad\\ndebt and charity care provided. The council shall adopt rules and\\nregulations, subject to the approval of the commissioner, to establish\\nuniform reporting and accounting principles designed to enable\\ndiagnostic and treatment centers to fairly and accurately determine and\\nreport bad debt and charity care visits and the costs of bad debt and\\ncharity care. In order to be eligible for an allowance pursuant to this\\nparagraph, a diagnostic and treatment center must be in compliance with\\nbad debt and charity care reporting requirements.\\n (viii) Of the funds allocated and distributed for bad debt and charity\\ncare allowances to eligible voluntary and non-profit diagnostic and\\ntreatment centers for a rate period in accordance with subparagraph (ii)\\nof this paragraph, an annual aggregate amount not to exceed three\\nmillion eight hundred thousand dollars within a rate period shall be\\npaid by or on behalf of diagnostic and treatment centers into a primary\\ncare initiative pool established by the commissioner. Such funds shall\\nbe distributed to diagnostic and treatment centers in accordance with\\nthe provisions of subdivisions one through six of section twenty-eight\\nhundred seven-b of this article.\\n (ix) During the period January first, nineteen hundred ninety-four\\nthrough September thirtieth, nineteen hundred ninety-four and for each\\ntwelve month rate period commencing on October first thereafter, to the\\nextent of funds available therefor, a diagnostic and treatment center\\nwhich is approved as a preferred primary care provider pursuant to\\nsubdivision twelve of section twenty-eight hundred seven of this article\\nand meets the requirements of this paragraph may be eligible for a\\nsupplemental allowance determined in accordance with this paragraph. The\\nsupplemental allowance shall be based on losses associated with the\\ndelivery of bad debt and charity care incurred by a preferred primary\\ncare provider to the extent such losses exceed any losses associated\\nwith the delivery of bad debt and charity care incurred for nineteen\\nhundred ninety-three or, if later, the year immediately preceding the\\nyear in which the diagnostic and treatment center is first designated a\\npreferred primary care provider.\\n (x) This paragraph shall be effective if, and as long as, federal\\nfinancial participation is available for expenditures made for\\nbeneficiaries eligible for medical assistance under title XIX of the\\nfederal social security act based upon the allowances determined in\\naccordance with this paragraph.\\n (xi) Notwithstanding any inconsistent provision of this paragraph,\\nadjustments to rates of payment for diagnostic and treatment centers\\ndetermined in accordance with subparagraphs (i) through (x) of this\\nparagraph shall apply only for services provided on or before December\\nthirty-first, nineteen hundred ninety-six.\\n * NB Expired December 31, 1996\\n (g)(i) During the period April first, nineteen hundred ninety-four\\nthrough December thirty-first, nineteen hundred ninety-four and for each\\ncalendar year rate period commencing on January first thereafter, rates\\nof payment by governmental agencies for the operating cost component of\\ngeneral hospital outpatient services shall be based on the operating\\ncosts reported in the base year cost report adjusted by the trend factor\\napplicable to the general hospital in which the services were provided;\\nprovided, however, that the maximum payment for the operating cost\\ncomponent of outpatient services shall be sixty-seven dollars and fifty\\ncents plus the addition of the capital cost per visit. The capital cost\\nper visit shall be based on the base year cost report except that the\\ncapital cost per visit may be adjusted for major outpatient capital\\nexpenditures incurred subsequent to the reporting year, when such\\nexpenditures have received the requisite approvals and the facility has\\nprovided the commissioner with a certified statement of the\\nexpenditures. The base year for the period April first, nineteen hundred\\nninety-four through December thirty-first, nineteen hundred ninety-four\\nshall be nineteen hundred ninety-two and shall be advanced one year\\nthereafter for each subsequent calendar year rate period. Further, the\\nprovisions of subdivision seven of this section shall not apply. The\\ncommissioner may waive the maximum allowable payment and limitations on\\nthe rate of payment as prescribed herein to provide for the\\nreimbursement of offering and arranging services eligible for ninety\\npercent federal funds as set forth in section nineteen hundred three of\\nthe federal social security act, and to provide for the reimbursement of\\nspecialized services having separately identifiable costs and\\nstatistics, including but not limited to hemodialysis services and\\nsurgical services provided on an outpatient basis. Such waiver shall be\\ngranted only when the commissioner finds that the services are being\\nprovided efficiently and at minimum cost. The commissioner shall\\npromptly promulgate rules and regulations necessary to identify such\\nservices. Among the criteria which the commissioner shall consider in\\nthe case of specialized services are whether the services require highly\\nspecialized staff, equipment or facilities, thereby generating a cost\\nthat substantially exceeds that of more routine diagnostic or treatment\\nservices; whether the facility in which the services are provided is\\npresently providing the services to the population in need; and, whether\\nthe services may be provided safely and effectively on an outpatient\\nbasis at a lower cost than through inpatient admission. In addition the\\ncommissioner shall provide for a waiver of the maximum allowable payment\\nfor those outpatient services medically necessary which include surgical\\nprocedures where delay in surgical intervention would substantially\\nincrease the medical risk associated with such surgical intervention.\\nWhere the commissioner waives the maximum allowable payment for any\\nspecified service he may, in accordance with the foregoing criteria and\\nsuch other criteria as he deems appropriate, establish a maximum\\nallowable payment for such specified service.\\n (ii) During the period April first, nineteen hundred ninety-four\\nthrough December thirty-first, nineteen hundred ninety-four and for each\\ncalendar year rate period commencing on January first thereafter, rates\\nof payment by governmental agencies for the operating cost component of\\ngeneral hospital emergency services shall be based on the operating\\ncosts reported in the base year cost report adjusted by the trend factor\\napplicable to the general hospital in which the services were provided,\\nand in addition shall include that portion of the reasonable incremental\\nemergency service operating costs incurred by such hospital in excess of\\nemergency service costs reported in the nineteen hundred eighty-eight\\ncost report, after application of the trend factor, attributable to\\nmeeting additional quality of care standards for emergency services that\\nbecame effective on or after January first, nineteen hundred\\neighty-nine; provided, however, that the maximum payment for the\\noperating component shall be ninety-five dollars, provided further,\\nhowever, that for the period January first, two thousand seven through\\nDecember thirty-first, two thousand seven the maximum payment for the\\noperating component shall be one hundred twenty-five dollars, and during\\nthe period January first, two thousand eight through December\\nthirty-first, two thousand eight, the maximum payment for the operating\\ncomponent shall be one hundred forty dollars; and during the period\\nJanuary first, two thousand nine through December thirty-first, two\\nthousand nine and for each calendar year thereafter, the maximum payment\\nfor the operating component shall be one hundred fifty dollars. A\\ncapital cost per visit shall be based on the base year cost report\\nexcept that the capital cost per visit may be adjusted for the major\\noutpatient capital expenditures incurred subsequent to the report year,\\nwhen such expenditures have received the requisite approvals and the\\nfacility has provided the commissioner with a certified statement of\\nexpenditures. The base year for the period April first, nineteen hundred\\nninety-four through December thirty-first, nineteen hundred ninety-four\\nshall be nineteen hundred ninety-two and shall be advanced one year\\nthereafter for each subsequent calendar year rate period. Further, the\\nprovisions of subdivision seven of this section shall not apply prior to\\nJanuary first, two thousand seven.\\n (h) Notwithstanding any inconsistent provisions of this subdivision or\\nany other law, except as provided in section 43.02 of the mental hygiene\\nlaw, the commissioner may, in accordance with rules and regulations\\nadopted by the council and approved by the commissioner, establish rates\\nof reimbursement for payments made by governmental agencies, subject to\\nthe approval of the state director of the budget, for services provided\\non an outpatient basis by a general hospital or diagnostic and treatment\\ncenter designated as a preferred primary care provider pursuant to\\nsubdivision twelve of this section or providing specialty services\\nincluding hemo and peritoneal dialysis, outpatient rehabilitative and\\npsychiatric services, methadone maintenance, and other organized\\noutpatient or clinic services which are structured to address extensive\\nand complex medical needs for patients with chronic or infectious\\nmedical conditions based on factors other than those prescribed by\\nparagraph (b) or subparagraph (i) of paragraph (g) of this subdivision\\nor subdivision three of this section provided, however, that the use of\\nsuch an alternative approach will not result in any increase to other\\nrates of reimbursement established pursuant to this article. During the\\ninitial rate period such rates of payment for preferred primary care\\nproviders shall be at least equal to the average rate of payment per\\nvisit which would otherwise be provided pursuant to subparagraph (i) of\\nparagraph (g) or paragraph (b) of this subdivision. Factors used to\\nestablish rates shall include a reasonable classification of medical\\nprocedures with individual or combined rates established for each\\nservice classification group which will be prospectively determined\\nbased upon an estimate of the costs of such outpatient services\\nefficiently and economically provided by general hospitals and\\ndiagnostic and treatment centers, considering regional economic factors\\nand the need for incentives to improve services and institute economies.\\nNotwithstanding any inconsistent provisions of law, rates of payment by\\ngovernmental agencies for outpatient services provided by a general\\nhospital or diagnostic and treatment center, shall not require a\\ncertification by the commissioner that they are reasonable and adequate\\nto meet the costs which must be incurred by efficiently and economically\\noperated facilities.\\n 2-a. Notwithstanding any provision of which is inconsistent with or\\ncontrary to the structure established by this subdivision and\\nsubdivision thirty-three of section twenty-eight hundred seven-c of this\\narticle, and subject to the availability of federal financial\\nparticipation, rates of payment by governmental agencies, established\\npursuant to this article, for general hospital outpatient services,\\ngeneral hospital emergency services, ambulatory surgical services\\nprovided by a hospital as defined by subdivision one of section\\ntwenty-eight hundred one of this article, and diagnostic and treatment\\ncenter services, but excepting any facility whose reimbursement is\\ngoverned by subdivision eight of this section or any payments made on\\nbehalf of persons enrolled in Medicaid managed care or in the family\\nhealth plus program, shall be in accordance with the following:\\n (a)(i) for the period December first, two thousand eight through\\nNovember thirtieth, two thousand nine, seventy-five percent of such\\nrates of payment for each general hospital's outpatient services shall\\nreflect the average Medicaid payment per claim, as determined by the\\ncommissioner, for services provided by that facility in the two thousand\\nseven calendar year, but excluding any payments for services covered by\\nthe facility's licensure, if any, under the mental hygiene law, and\\ntwenty-five percent of such rates of payment shall, for the operating\\ncost component, reflect the utilization of the ambulatory patient groups\\nreimbursement methodology described in paragraph (e) of this\\nsubdivision;\\n (ii) for the period December first, two thousand nine through December\\nthirty-first, two thousand ten, fifty percent of such rates for each\\nfacility shall reflect the average Medicaid payment per claim, as\\ndetermined by the commissioner, for services provided by that facility\\nin the two thousand seven calendar year, but excluding any payments for\\nservices covered by the facility's licensure, if any, under the mental\\nhygiene law, and fifty percent of such rates of payment shall, for the\\noperating cost component, reflect the utilization of the ambulatory\\npatient groups reimbursement methodology described in paragraph (e) of\\nthis subdivision;\\n (iii) for the period January first, two thousand eleven through\\nDecember thirty-first, two thousand eleven, twenty-five percent of such\\nrates shall reflect the average Medicaid payment per claim, as\\ndetermined by the commissioner, for services provided by that facility\\nfor the two thousand seven calendar year, but excluding any payments for\\nservices covered by the facility's licensure, if any, under the mental\\nhygiene law, and seventy-five percent of such rates of payment shall,\\nfor the operating cost component, reflect the utilization of the\\nambulatory patient groups reimbursement methodology described in\\nparagraph (e) of this subdivision; and\\n (iv) for periods on and after January first, two thousand twelve, one\\nhundred percent of such rates of payment shall reflect the utilization\\nof the ambulatory patient groups reimbursement methodology described in\\nparagraph (e) of this subdivision.\\n (v) This paragraph shall be effective the later of: (i) December\\nfirst, two thousand eight, or (ii) after the commissioner receives final\\napproval of federal financial participation in payments made for\\nbeneficiaries eligible for medical assistance under title XIX of the\\nfederal social security act for the rate methodology established\\npursuant to subparagraph (i) of paragraph (a) of subdivision\\nthirty-three of section twenty-eight hundred seven-c of this article.\\n (b) (i) for the period September first, two thousand nine through\\nNovember thirtieth, two thousand nine, seventy-five percent of such\\nrates of payment for services provided by each diagnostic and treatment\\ncenter and each free-standing ambulatory surgery center shall reflect\\nthe average Medicaid payment per claim, as determined by the\\ncommissioner, for services provided by that facility in the two thousand\\nseven calendar year, but excluding any payments for services covered by\\nthe facility's licensure, if any, under the mental hygiene law, and\\ntwenty-five percent of such rates of payment shall, for the operating\\ncost component, reflect the utilization of the ambulatory patient groups\\nreimbursement methodology described in paragraph (e) of this\\nsubdivision;\\n (ii) for the period December first, two thousand nine through December\\nthirty-first, two thousand ten, fifty percent of such rates for each\\nfacility shall reflect the average Medicaid payment per claim, as\\ndetermined by the commissioner, for services provided by that facility\\nin the two thousand seven calendar year, but excluding any payments for\\nservices covered by the facility's licensure, if any, under the mental\\nhygiene law, and fifty percent of such rates of payment shall, for the\\noperating cost component, reflect the utilization of the ambulatory\\npatient groups reimbursement methodology described in paragraph (e) of\\nthis subdivision;\\n (iii) for the period January first, two thousand eleven through\\nDecember thirty-first, two thousand eleven, twenty-five percent of such\\nrates for each facility shall reflect the average Medicaid payment per\\nclaim, as determined by the commissioner, for services provided by that\\nfacility in the two thousand seven calendar year, but excluding any\\npayments for services covered by the facility's licensure, if any, under\\nthe mental hygiene law, and seventy-five percent of such rates of\\npayment shall, for the operating cost component, reflect the utilization\\nof the ambulatory patient groups reimbursement methodology described in\\nparagraph (e) of this subdivision; and\\n (iv) for periods on and after January first, two thousand twelve, one\\nhundred percent of such rates of payment shall reflect the utilization\\nof the ambulatory patient groups reimbursement methodology described in\\nparagraph (e) of this subdivision.\\n (c) for periods on and after December first, two thousand eight, such\\nrates of payment for ambulatory surgical services provided by general\\nhospitals shall reflect the utilization of the ambulatory patient groups\\nreimbursement methodology described in paragraph (e) of this\\nsubdivision, provided however, that the capital cost component for such\\nrates shall be separately computed in accordance with regulations\\npromulgated in accordance with paragraph (e) of this subdivision.\\n (d) for periods on and after January first, two thousand nine, the\\noperating cost component of such rates of payment for general hospital\\nemergency services shall reflect the utilization of the ambulatory\\npatient groups reimbursement methodology described in paragraph (e) of\\nthis subdivision and shall not reflect any maximum payment amount as\\notherwise provided for in subparagraph (ii) of paragraph (g) of\\nsubdivision two of this section.\\n (e) (i) notwithstanding any inconsistent provisions of this\\nsubdivision, the commissioner shall promulgate regulations establishing,\\nsubject to the approval of the state director of the budget,\\nmethodologies for determining rates of payment for the services\\ndescribed in this subdivision. Such regulations shall reflect\\nutilization of the ambulatory patient group (APG) methodology, in which\\npatients are grouped based on their diagnosis, the intensity of the\\nservices provided and the medical procedures performed, and with each\\nAPG assigned a weight reflecting the projected utilization of resources.\\nSuch regulations shall provide for the development of one or more base\\nrates and the multiplication of such base rates by the assigned weight\\nfor each APG to establish the appropriate payment level for each such\\nAPG. Such regulations may also utilize bundling, packaging and\\ndiscounting mechanisms.\\n If the commissioner determines that the use of the APG methodology is\\nnot, or is not yet, appropriate or practical for specified services, the\\ncommissioner may utilize existing payment methodologies for such\\nservices or may promulgate regulations, and may promulgate emergency\\nregulations, establishing alternative payment methodologies for such\\nservices.\\n (ii) Notwithstanding this subdivision and any other contrary provision\\nof law, the commissioner may incorporate within the payment methodology\\ndescribed in subparagraph (i) of this paragraph payment for services\\nprovided by facilities pursuant to licensure under the mental hygiene\\nlaw, provided, however, that such APG payment methodology may be phased\\ninto effect in accordance with a schedule or schedules as jointly\\ndetermined by the commissioner, the commissioner of mental health, the\\ncommissioner of alcoholism and substance abuse services, and the\\ncommissioner of mental retardation and developmental disabilities.\\n (iii) Regulations issued pursuant to this paragraph may incorporate\\nquality related measures limiting or excluding reimbursement related to\\npotentially preventable conditions and complications; provided however,\\nsuch quality related measures shall not include any preventable\\nconditions and complications not identified for Medicare nonpayment or\\nlimited payment.\\n (f)(i) The commissioner shall periodically measure the utilization and\\nintensity of services provided to medical assistance recipients in\\nambulatory settings. Such analysis shall include, but not be limited to:\\nmeasurement of the shift of surgical procedures from the inpatient\\nhospital setting to the ambulatory setting including measurement of the\\nimpact of any such shift on quality of care and outcomes; changes in the\\nutilization and intensity of services provided in the outpatient\\nhospital department and in diagnostic and treatment centers; and the\\nchange in the utilization and intensity of services provided in the\\nemergency department.\\n (ii) notwithstanding the provisions of paragraphs (a) and (b) of this\\nsubdivision, for periods on and after January first, two thousand nine,\\nthe following services provided by general hospital outpatient\\ndepartments and diagnostic and treatment centers shall be reimbursed\\nwith rates of payment based entirely upon the ambulatory patient group\\nmethodology as described in paragraph (e) of this subdivision, provided,\\nhowever, that the commissioner may utilize existing payment\\nmethodologies or may promulgate regulations establishing alternative\\npayment methodologies for one or more of the services specified in this\\nsubparagraph, effective for periods on and after March first, two\\nthousand nine:\\n (A) services provided in accordance with the provisions of paragraphs\\n(q) and (r) of subdivision two of section three hundred sixty-five-a of\\nthe social services law; and\\n (B) all services, but only with regard to additional payment amounts,\\nas determined in accordance with regulations issued in accordance with\\nparagraph (e) of this subdivision, for the provision of such services\\nduring times outside the facility's normal hours of operation, as\\ndetermined in accordance with criteria set forth in such regulations;\\nand\\n (C) individual psychotherapy services provided by licensed social\\nworkers, in accordance with licensing criteria set forth in applicable\\nregulations, to persons under the age of twenty-one and to persons\\nrequiring such services as a result of or related to pregnancy or giving\\nbirth; and\\n (D) individual psychotherapy services provided by licensed social\\nworkers, in accordance with licensing criteria set forth in applicable\\nregulations, at diagnostic and treatment centers that provided, billed\\nfor, and received payment for these services between January first, two\\nthousand seven and December thirty-first, two thousand seven;\\n (E) services provided to pregnant women pursuant to paragraph (s) of\\nsubdivision two of section three hundred sixty-five-a of the social\\nservices law and, for periods on and after January first, two thousand\\nten, all other services provided pursuant to such paragraph (s) and\\nservices provided pursuant to paragraph (t) of subdivision two of\\nsection three hundred sixty-five-a of the social services law;\\n (F) wheelchair evaluation services and eyeglass dispensing services;\\nand\\n (G) immunization services, effective for services rendered on and\\nafter June tenth, two thousand nine.\\n (f-1) Notwithstanding any inconsistent provision of this section or\\nany other contrary provision of law, the commissioner may with the\\napproval of the director of the budget, for periods prior to two\\nthousand twelve, establish rates of payments for selected patient\\nservice categories that are based entirely upon the ambulatory patient\\ngroups methodology as authorized pursuant to paragraph (e) of this\\nsubdivision.\\n (g) for the purposes set forth in paragraphs (a) and (b) of this\\nsubdivision, rates described as in effect for the two thousand seven\\ncalendar year shall mean those rates which are in effect for that year\\non the date this subdivision becomes effective and such rates shall not\\nthereafter, for the purposes set forth in such paragraphs (a) and (b),\\nbe subject to further adjustment.\\n (h)(i) To the degree that rates of payment computed in accordance with\\nparagraphs (a) and (d) of this subdivision reflect utilization of the\\nambulatory patient groups reimbursement methodology described in\\nparagraph (e) of this subdivision for purposes of computing the\\noperating component of such rates, the computation of the capital cost\\ncomponent of such rates shall remain subject to the provisions of\\nsubparagraphs (i) and (ii) of paragraph (g) of subdivision two of this\\nsection, provided, however, that this subparagraph shall not be\\nunderstood as applying to those portions of rates of payment computed\\npursuant to paragraph (a) of this subdivision which are based on average\\nMedicaid payments per claim.\\n (ii) To the degree that rates of payment computed in accordance with\\nparagraph (b) of this subdivision reflect utilization of the ambulatory\\npatient groups reimbursement methodology described in paragraph (e) of\\nthis subdivision for purposes of computing the operating component of\\nsuch rates, the computation of the capital cost component of such rates\\nshall, for diagnostic and treatment centers, remain subject to the\\nprovisions of paragraph (b) of subdivision two of this section and\\nshall, for free-standing ambulatory surgery centers, be separately\\ncomputed in accordance with regulations promulgated in accordance with\\nparagraph (e) of this subdivision, provided, however, that this\\nsubparagraph shall not be understood as applying to those portions of\\nrates of payment which are based on average Medicaid payments per claim.\\n (i) Notwithstanding any provision of law to the contrary, rates of\\npayment by governmental agencies for general hospital outpatient\\nservices, general hospital emergency services and ambulatory surgical\\nservices provided by a general hospital established pursuant to\\nparagraphs (a), (c) and (d) of this subdivision shall result in an\\naggregate increase in such rates of payment of fifty-six million dollars\\nfor the period December first, two thousand eight through March\\nthirty-first, two thousand nine and one hundred seventy-eight million\\ndollars for periods after April first, two thousand nine, through March\\nthirty-first, two thousand thirteen, and one hundred fifty-three million\\ndollars for state fiscal year periods on and after April first, two\\nthousand thirteen, provided, however, that for periods on and after\\nApril first, two thousand nine, such amounts may be adjusted to reflect\\nprojected decreases in fee-for-service Medicaid utilization and changes\\nin case-mix with regard to such services from the two thousand seven\\ncalendar year to the applicable rate year, and provided further,\\nhowever, that funds made available as a result of any such decreases may\\nbe utilized by the commissioner to increase capitation rates paid to\\nMedicaid managed care plans and family health plus plans to cover\\nincreased payments to health care providers for ambulatory care services\\nand to increase such other ambulatory care payment rates as the\\ncommissioner determines necessary to facilitate access to quality\\nambulatory care services.\\n 3. Commissioner rate certification, governmental payments. Prior to\\nthe approval of such rates, as provided in subdivision two of this\\nsection, the commissioner shall determine, and in the case of approvals\\nby the state director of the budget, certify to such official that the\\nproposed rate schedules for payments to hospitals for hospital and\\nhealth-related services are reasonable and adequate to meet the costs\\nwhich must be incurred by efficiently and economically operated\\nfacilities. In making such certification, the commissioner shall take\\ninto consideration the elements of cost, geographical differentials in\\nthe elements of cost considered, economic factors in the area in which\\nthe hospital is located, the rate of increase or decrease of the economy\\nin the area in which the hospital is located, costs of hospitals of\\ncomparable size, and the need for incentives to improve services and\\ninstitute economies. The commissioner shall also take into\\nconsideration the economies and improvements in service to be\\nanticipated from the operation of joint central service or use of\\nfacilities or services which may serve as alternatives or substitutes\\nfor the whole or any part of in-hospital service, including, but not\\nlimited to, obstetrical, pediatric, laboratory, training, radiology,\\npharmacy, laundry, purchasing, preadmission, nursing home, ambulatory or\\nhome care services. The commissioner shall exclude costs for research\\nand those parts of the costs for educational salaries which the\\ncommissioner shall determine to be not directly related to hospital\\nservice, and allowances for costs which are not specifically identified\\nexcept for allowances authorized under section twenty-eight hundred\\nseven-a or twenty-eight hundred seven-c of this article. In determining\\nand certifying to the state director of the budget rates of payment,\\nincluding rates of payment for residential health care facilities, the\\ncommissioner shall take into consideration the different levels of care\\nauthorized to be provided in such hospital or health-related service and\\ndetermine and certify distinct rates of payment for each such level of\\ncare. If the modification of an operating certificate of a hospital\\npursuant to subdivision six of section twenty-eight hundred six of this\\narticle requires the establishment of a rate for a level of service not\\npreviously provided in such hospital during the rate period existing at\\nthe time of such modification, a new rate period for that portion of the\\nhospital reclassified as a result of such modification may be\\nestablished upon sixty days' prior notice.\\n 4. Commissioner rate certifications, payments pursuant to the\\nprovisions of the workers' compensation law, the volunteer firefighters'\\nbenefit law, the volunteer ambulance workers' benefit law and the\\ncomprehensive motor vehicle insurance reparations act. For the rate\\nyears commencing January first, nineteen hundred eighty-six and January\\nfirst, nineteen hundred eighty-seven the commissioner shall submit to\\nthe chairman of the workers' compensation board a schedule of hospital\\ninpatient reimbursement rates computed in accordance with subdivision\\ntwo of section twenty-eight hundred seven-a of this article or as\\nrevised pursuant to subdivisions eleven and fourteen of section\\ntwenty-eight hundred seven-a of this article. Beginning with the rate\\nperiod commencing January first, nineteen hundred eighty-eight the\\ncommissioner shall submit, and beginning with the rate period January\\nfirst, nineteen hundred ninety-seven and certify, to the chairman of the\\nworkers' compensation board for an established rate period a schedule of\\nhospital inpatient reimbursement rates computed in accordance with\\nsubdivision one of section twenty-eight hundred seven-c of this article\\nfor payments pursuant to the workers' compensation law, the volunteer\\nfirefighters' benefit law and the comprehensive motor vehicle insurance\\nreparations act and beginning with the rate year commencing January\\nfirst, nineteen hundred ninety-one including payments pursuant to the\\nvolunteer ambulance workers' benefit law.\\n 5. Audit authority. The commissioner shall make available to the\\ncommissioner of social services, in a mutually satisfactory manner, all\\ninformation necessary to conduct or have conducted, on a cost sharing\\nbasis among payors, an appropriate review or audit of the fiscal and\\nstatistical records of a hospital necessary to implement the provisions\\nof this article.\\n 6. Consideration of economic status in certain cases. Notwithstanding\\nthe provisions of this section, the commissioner, in determining and\\ncertifying rates of payment for services provided by a party to a\\ncontract entered into pursuant to the provisions of subdivision three of\\nsection twenty-eight hundred three of this article, shall take into\\nconsideration the economic status of the patients receiving such\\nservices.\\n 7. Reimbursement rate promulgation. The commissioner shall notify each\\nresidential health care facility and health-related service of its\\napproved rates of payment which shall be used in reimbursing for\\nservices provided to persons eligible for payments made by state\\ngovernmental agencies at least sixty days prior to the beginning of an\\nestablished rate period for which the rate is to become effective and\\nfor general hospitals at least thirty days prior to the beginning of an\\nestablished rate period for which the rate is to become effective.\\nNotification shall be made only after approval of rate schedules by the\\nstate director of the budget. The sixty and thirty day notice\\nprovisions, herein, shall not apply to rates issued following judicial\\nannulment or invalidation of any previously issued rates, or rates\\nissued pursuant to changes in the methodology used to compute rates\\nwhich changes are promulgated following the judicial annulment or\\ninvalidation of previously issued rates. Notwithstanding any provision\\nof law to the contrary, nothing in this subdivision shall prohibit the\\nrecalculation and payment of rates, including both positive and negative\\nadjustments, based on a reconciliation of amounts paid by residential\\nhealth care facilities beginning April first, nineteen hundred\\nninety-seven for additional assessments or further additional\\nassessments pursuant to section twenty-eight hundred seven-d of this\\narticle with the amounts originally recognized for reimbursement\\npurposes.\\n 7-a. Notwithstanding any inconsistent provision of law, with regard to\\na general hospital the provisions of subdivisions four and seven of this\\nsection and the provisions of section eighteen of chapter two of the\\nlaws of nineteen hundred eighty-eight relating to the requirement of\\nprior notice and the time frames for notice, approval or certification\\nof rates of payment, maximum rates of payment or maximum charges where\\nnot otherwise waived pursuant to law shall be applicable only to such\\nrates of payment or maximum charges prospectively established for an\\nannual rate period and such provisions shall not be applicable to a\\ngeneral hospital with regard to prospective adjustments or retrospective\\nadjustments of established rates of payment or maximum charges for or\\nduring an annual rate period based on correction of errors or omissions\\nof data or in computation, rate appeals, audits or other rate\\nadjustments authorized by law or regulations adopted pursuant to section\\ntwenty-eight hundred three of this article.\\n 7-b. Notification of diagnostic and treatment center approved rates.\\n(a) For rate periods or portions of rate periods beginning on or after\\nOctober first, nineteen hundred ninety-four, the commissioner shall\\nnotify each diagnostic and treatment center of its approved rates of\\npayment, which shall be used in the reimbursement for services provided\\nto persons eligible for payments made by state governmental agencies at\\nleast thirty days prior to the beginning of the period for which such\\nrates are to become effective.\\n (b) Notwithstanding any contrary provision of law, all diagnostic and\\ntreatment centers certified on or before September second, nineteen\\nhundred ninety-seven shall, not later than September second, nineteen\\nhundred ninety-seven, notify the commissioner whether they intend to\\nmaintain all books and records utilized by the diagnostic and treatment\\ncenter for cost reporting and reimbursement purposes on a calendar year\\nbasis or, commencing on July first, nineteen hundred ninety-six, on a\\nJuly first through June thirtieth basis, and shall thereafter maintain\\nall books and records on such basis. All diagnostic and treatment\\ncenters certified after September second, nineteen hundred ninety-seven\\nshall notify the commissioner at the time of certification whether they\\nintend to maintain all books and records on a calendar year basis or on\\nor a July first through June thirtieth basis, and shall thereafter\\nmaintain all books and records on such a basis.\\n (c) The books and records maintained pursuant to paragraph (b) of this\\nsubdivision shall be utilized and made available to the commissioner in\\npromulgating rates of payment for annual rate periods beginning on or\\nafter October first, nineteen hundred ninety-seven.\\n (d) Notwithstanding any provision of the law to the contrary, rates of\\npayment established in accordance with paragraph (b) as amended, and\\nparagraph (f) of subdivision two of this section for the rate period\\nbeginning April first, nineteen hundred ninety-three shall continue in\\neffect through September thirtieth, nineteen hundred ninety-four, and\\napplicable trend factors shall be applied to that portion of such rates\\nof payment for the rate period which begins April first, nineteen\\nhundred ninety-four.\\n 8. Rates for federally qualified health centers and rural health\\ncenters. Notwithstanding section four of chapter eighty-one of the laws\\nof nineteen hundred ninety-five, as amended by section twenty-seven of\\nchapter one of the laws of nineteen hundred ninety-nine, and any other\\nlaw, rule or regulation to the contrary, for periods on and after\\nJanuary first, two thousand one, rates of payment made by governmental\\nagencies for services provided by diagnostic and treatment centers or\\ngeneral hospital outpatient clinics licensed under this article to\\nindividuals eligible for medical assistance pursuant to title eleven of\\narticle five of the social services law which are also designated, in\\naccordance with 42 USC § 1396a(aa), as federally qualified health\\ncenters or rural health centers shall be established in accordance with\\nthe following:\\n (a) For periods on and after January first, two thousand one, and\\nprior to October first, two thousand one, such rates of payment shall be\\ncomputed in accordance with paragraph (b) of subdivision two of this\\nsection, provided, however, that the operating and capital cost\\ncomponents of such rates and the applicable ceilings on allowable\\noperating costs shall reflect an average of nineteen hundred ninety-nine\\nand two thousand base year costs as reported to the department.\\n (b) For each twelve month period following September thirtieth, two\\nthousand one, the operating cost component of such rates of payment\\nshall reflect the operating cost component in effect on September\\nthirtieth of the prior period as increased by the percentage increase in\\nthe Medicare Economic Index as computed in accordance with the\\nrequirements of 42 USC § 1396a(aa)(3) and as adjusted pursuant to\\napplicable regulations to take into account any increase or decrease in\\nthe scope of services furnished by the facility.\\n (c) Rates of payments to facilities which first qualify as federally\\nqualified health centers or rural health centers on or after October\\nfirst, two thousand shall be computed in accordance with the provisions\\nof paragraph (b) of subdivision two of this section, provided, however,\\nthat the operating cost component of such rates shall reflect an average\\nof the operating cost component of rates of payments issued to other\\nfacilities subject to this subdivision during the same rate period,\\nlocated in the same geographic region and with a similar case load, and\\nfurther provided that the capital cost component of such rates shall\\nreflect the most recently available capital cost data as reported to the\\ndepartment. For each twelve month period following the rate period in\\nwhich such facilities commence operation, the operating cost component\\nof rates of payment for such facilities shall be computed in accordance\\nwith paragraph (b) of this subdivision. In calculating the operating\\ncost component of such rates for facilities which first qualify as\\nfederally qualified health care centers on or after October first, two\\nthousand, the counties comprising the geographic region known as\\ndownstate shall be the same as the counties comprising the downstate\\nregion for purposes of reimbursing diagnostic and treatment centers\\nunder ambulatory patient groups, which counties are specified in the\\nregulations adopted by the commissioner implementing section 18 of part\\nC of chapter fifty-eight of the laws of two thousand eight.\\n (d) Subject to receipt of all necessary federal approvals, rates of\\npayment computed in accordance with this subdivision may be further\\nadjusted in accordance with the provisions of subdivision seventeen of\\nthis section, provided, however, that such adjustments shall not be\\nsubject to trend adjustments as provided in paragraph (b) of this\\nsubdivision.\\n (e) Diagnostic and treatment centers eligible for rates of payment\\ncomputed pursuant to paragraphs (a) and (b) of this subdivision, which\\nwere, on December thirty-first, two thousand, receiving rates of payment\\nas preferred primary care providers computed pursuant to paragraph (h)\\nof subdivision two of this section, may elect to continue to receive\\nrates of payment computed in accordance with such paragraph (h),\\nprovided that in no event shall such rates of payment be less than the\\nrates of payment computed pursuant to paragraphs (a) and (b) of this\\nsubdivision.\\n (f) For any rate periods after March thirty-first, two thousand eight,\\nsubject to the availability of federal financial participation, the\\ncommissioner may prospectively adjust rates of payment for facilities\\notherwise subject to this subdivision to reflect alternative\\nrate-setting methodologies, provided, however, that such alternative\\nrate-setting methodologies must: (i) be authorized by applicable state\\nlaw, (ii) be agreed to by the commissioner and each facility to which\\nthey are applied and (iii) in no event result in rates that are, in\\naggregate, less than the rates of payment otherwise provided for in this\\nsubdivision.\\n 9. Payments under this section not to preclude other lawful payments.\\nAny payments made under the authority of this section or section\\ntwenty-eight hundred seven-c of this article shall not preclude payments\\nunder any other section of law.\\n 10. Notwithstanding the provisions of this article, the commissioner\\nmay waive, subject to the approval of the state director of the budget,\\nthe requirements of any provisions of this section, section twenty-eight\\nhundred seven-a or twenty-eight hundred seven-c of this article to\\npermit the development and/or continuation of limited pilot\\nreimbursement programs to provide additional knowledge and experience in\\ndifferent types of reimbursement mechanisms for general hospitals.\\n * 11. Notwithstanding the provisions of this article, the commissioner\\nmay waive, subject to the approval of the state director of the budget,\\nthe requirements of any provision of this section, section twenty-eight\\nhundred seven-a or twenty-eight hundred seven-c of this article to\\npermit the development, implementation and operation of limited pilot\\nreimbursement programs for general hospital outpatient services and\\ndiagnostic and treatment center services that would be prospective and\\nassociated to the resource use patterns in rendering ambulatory care\\nservices.\\n * NB Expires April 1, 2020\\n 12. (a) Notwithstanding any inconsistent provision of this article or\\nany other law, for the purpose of improving access to and availability\\nof comprehensive primary health care to persons receiving medical\\nassistance pursuant to title eleven of article five of the social\\nservices law, the commissioner, upon application by a health care\\nprovider, may designate such provider as a preferred primary care\\nprovider in accordance with the provisions of this subdivision.\\n (b) Health care providers designated as preferred primary care\\nproviders pursuant to this subdivision shall meet such requirements as\\nmay be established by the commissioner in regulation, including, but not\\nlimited to:\\n (i) access by the medically indigent and medicaid eligible to\\nambulatory services;\\n (ii) provision, to the maximum extent practicable, of continuity of\\ncare;\\n (iii) arrangements for specialty physician care and necessary\\nancillary services;\\n (iv) reasonably accessible hours of operation;\\n (v) services which are accessible to medically underserved populations\\nand communities including, to the maximum extent feasible, offering such\\nservices within the medically underserved community; and\\n (vi) participation in local social services district managed care\\nprograms established pursuant to section three hundred sixty-four-j of\\nthe social services law, provided that the commissioner, in consultation\\nwith the commissioner of social services, may exempt a health care\\nprovider from such participation for good cause. Good cause shall\\ninclude but not be limited to geographic inaccessibility to managed care\\nprograms, inability to coordinate services of managed care programs, or\\nthat participation in the managed care program would significantly\\naffect the provider's financial ability to provide services.\\n (c) For the purposes of this subdivision, a health care provider\\neligible to be designated as a preferred primary care provider shall\\nmean a general hospital, a diagnostic and treatment center, a private\\nphysician, a nurse practitioner, a midwife, a professional corporation\\nor a group of physicians or nurse practitioners. The designation of any\\ngeneral hospital or a diagnostic and treatment center as a preferred\\nprimary care provider shall apply only to the specific site where the\\nentity provides comprehensive primary health care services.\\n * 13. Subject to the availability of funds, the commissioner shall\\nauthorize health occupation development and workplace demonstration\\nprograms pursuant to the provisions of section two thousand eight\\nhundred seven-h of this article for diagnostic and treatment centers,\\nand the commissioner is hereby directed to make rate adjustments to\\ncover the cost of such programs.\\n * NB Expired July 1, 2017\\n * 14. Notwithstanding any inconsistent provision of law or regulation,\\nfor purposes of establishing rates of payment by governmental agencies\\nfor diagnostic and treatment centers for services provided on or after\\nApril first, nineteen hundred ninety-five, the reimbursable base year\\nadministrative and general costs of a provider, excluding a provider\\nreimbursed on an initial budget basis, shall not exceed the statewide\\naverage of total reimbursable base year administrative and general costs\\nof diagnostic and treatment centers. For the purposes of this\\nsubdivision, reimbursable base year administrative and general costs\\nshall mean those base year administrative and general costs remaining\\nafter application of all other efficiency standards, including, but not\\nlimited to, peer group cost ceilings or guidelines. The limitation on\\nreimbursement for provider administrative and general expenses provided\\nby this subdivision shall be expressed as a percentage reduction of the\\noperating cost component of the rate promulgated by the commissioner for\\neach diagnostic and treatment center with base year administrative and\\ngeneral costs exceeding the average.\\n * NB Expired March 31, 2011\\n 14-a. Notwithstanding any provision of law to the contrary, and\\nsubject to federal financial participation, the commissioner is\\nauthorized to establish, pursuant to regulations, a statewide general\\nhospital quality pool for the purpose of incentivizing and facilitating\\nquality improvements in general hospitals. Awards from such pool shall\\nbe subject to approval by the director of budget. If federal financial\\nparticipation is unavailable, then the non-federal share of awards made\\npursuant to this subdivision may be made as state grants.\\n (a) Thirty days prior to adopting or applying a methodology or\\nprocedure for making an allocation or modification to an allocation made\\npursuant to this subdivision, the commissioner shall provide written\\nnotice to the chairs of the senate finance committee, the assembly ways\\nand means committee, and the senate and assembly health committees with\\nregard to the intent to adopt or apply the methodology or procedure,\\nincluding a detailed explanation of the methodology or procedure.\\n (b) Thirty days prior to executing an allocation or modification to an\\nallocation made pursuant to this subdivision, the commissioner shall\\nprovide written notice to the chairs of the senate finance committee,\\nthe assembly ways and means committee, and the senate and assembly\\nhealth committees with regard to the intent to distribute such funds.\\nSuch notice shall include, but not be limited to, information on the\\nmethodology used to distribute the funds, the facility specific\\nallocations of the funds, any facility specific project descriptions or\\nrequirements for receiving such funds, the multi-year impacts of these\\nallocations, and the availability of federal matching funds. The\\ncommissioner shall provide quarterly reports to the chair of the senate\\nfinance committee and the chair of the assembly ways and means committee\\non the distribution and disbursement of such funds.\\n 15. Notwithstanding any inconsistent provision of law, including\\nsubdivision fourteen of this section, the facility-specific impact of\\neliminating the statewide cap on administrative and general costs, as\\nimposed pursuant to subdivision fourteen of this section, for the period\\nApril first, nineteen hundred ninety-nine through June thirtieth,\\nnineteen hundred ninety-nine pursuant to a chapter of the laws of\\nnineteen hundred ninety-nine, shall be included in rates of payment for\\nfacilities affected by such elimination for the period October first,\\nnineteen hundred ninety-nine through December thirty-first, nineteen\\nhundred ninety-nine. In addition, rates for diagnostic and treatment\\ncenters for the period October first, nineteen hundred ninety-nine\\nthrough December thirty-first, nineteen hundred ninety-nine shall\\ninclude, in the aggregate, the sum of fourteen million dollars which\\nshall be added to rates of payment established in accordance with\\nparagraphs (b) and (h) of subdivision two of this section based on an\\napportionment of such amount using a ratio of each individual provider's\\nestimated medicaid expenditures to total estimated medicaid expenditures\\nfor diagnostic and treatment centers, as determined by the commissioner,\\nfor the October first, nineteen hundred ninety-nine through September\\nthirtieth, two thousand rate period.\\n 16. Notwithstanding any inconsistent provision of law, payment for\\ndrugs which may not be dispensed without a prescription as required by\\nsection sixty-eight hundred ten of the education law provided to persons\\nreceiving medical assistance pursuant to title eleven of article five of\\nthe social services law by any non-hospital based diagnostic and\\ntreatment center licensed under this article in existence on the\\neffective date of this subdivision providing comprehensive primary\\nmedical care services and registered by the state board of pharmacy\\npursuant to section sixty-eight hundred eight of the education law shall\\nbe on a fee-for-service basis and shall not be included in any\\ncomprehensive clinic rate paid to such facility by governmental agencies\\nestablished in accordance with paragraph (b) of subdivision two of this\\nsection.\\n 17. (a) Notwithstanding any contrary provision of law or regulation,\\nthe commissioner shall, subject to the availability of federal financial\\nparticipation, adjust medical assistance rates of payment established\\npursuant to paragraph (b) of subdivision two of this section for\\nfree-standing diagnostic and treatment centers licensed pursuant to this\\narticle and which are: a \"covered provider\" as defined in subdivision\\none of section three hundred sixty-four-j-two of the social services\\nlaw; or eligible for an allocation under paragraph (a-1) of subdivision\\ntwo of section three hundred sixty-four-j-two of the social services\\nlaw; or which provides services to individuals with developmental\\ndisabilities as their principal mission, in accordance with paragraphs\\n(b) and (c) of this subdivision for purposes of improving recruitment\\nand retention of non-supervisory workers at health care facilities or\\nany worker with direct patient care responsibility in the following\\naggregate amounts for the following periods:\\n (i) for the period April first, two thousand two through December\\nthirty-first, two thousand two, thirteen million dollars;\\n (ii) for the period January first, two thousand three through December\\nthirty-first, two thousand three, thirteen million dollars;\\n (iii) for the period January first, two thousand four through December\\nthirty-first, two thousand four, thirteen million dollars;\\n (iv) for the period January first, two thousand five through December\\nthirty-first, two thousand five, thirteen million dollars;\\n (v) for the period January first, two thousand six through December\\nthirty-first, two thousand six, thirteen million dollars;\\n (vi) for the period January first, two thousand seven through June\\nthirtieth, two thousand seven, six million five hundred thousand\\ndollars;\\n (vii) for the period July first, two thousand seven through March\\nthirty-first, two thousand eight, nine million seven hundred fifty\\nthousand dollars; and\\n (viii) thirteen million dollars for the period April first, two\\nthousand eight through March thirty-first, two thousand nine;\\n (ix) thirteen million dollars for the period April first, two thousand\\nnine through March thirty-first, two thousand ten; and\\n (x) thirteen million dollars for the period April first, two thousand\\nten through March thirty-first, two thousand eleven.\\n (b) Such adjustments to rates of payments shall be allocated\\nproportionally based on each diagnostic and treatment center's total\\nannual gross salary and fringe benefit costs, as reported in each such\\ndiagnostic and treatment center's nineteen hundred ninety-nine cost\\nreport as submitted to the department prior to November first, two\\nthousand one, provided, however, that for periods on and after July\\nfirst, two thousand seven, such adjustments to rates of payment shall be\\nallocated proportionally, based on each such diagnostic and treatment\\ncenter's total reported medicaid visits, as reported in each such\\ndiagnostic and treatment center's two thousand four cost report as\\nsubmitted to the department prior to January thirty-first, two thousand\\nseven, to the total of such medicaid visits for all diagnostic and\\ntreatment centers.\\n (c) Rate adjustments made pursuant to this subdivision shall not be\\nsubject to subsequent adjustment or reconciliation.\\n (d) Diagnostic and treatment centers which have their rates adjusted\\npursuant to this subdivision shall use such funds for the purpose of\\nrecruitment and retention of non-supervisory workers at health care\\nfacilities or any worker with direct patient care responsibility and are\\nprohibited from using such funds for any other purpose. Each such\\ndiagnostic and treatment center shall submit, at a time and in a manner\\nto be determined by the commissioner, a written certification attesting\\nthat such funds will be used solely for the purpose of recruitment and\\nretention of non-supervisory workers at health care facilities or any\\nworker with direct patient care responsibility. The commissioner is\\nauthorized to audit each such diagnostic and treatment center to ensure\\ncompliance with the written certification required by this paragraph and\\nshall recoup any funds determined to have been used for purposes other\\nthan recruitment and retention of non-supervisory workers at health care\\nfacilities or any worker with direct patient care responsibility. Such\\nrecoupment shall be in addition to any other penalties provided by law.\\n 18. (a) Notwithstanding any contrary provision of law or regulation,\\nthe commissioner shall, subject to the provisions of paragraph (c) of\\nthis subdivision and to the availability of federal financial\\nparticipation, increase medical assistance rates of payment established\\npursuant to paragraph (b) of subdivision two of this section for\\neligible diagnostic and treatment centers by three percent for services\\nprovided on and after December first, two thousand two for purposes of\\nimproving recruitment and retention of non-supervisory workers or any\\nworker with direct patient care responsibility.\\n (b) For the purposes of this subdivision, \"eligible diagnostic and\\ntreatment center\" shall mean a voluntary, not-for-profit diagnostic and\\ntreatment center licensed under this article that received medical\\nassistance rates of payment reflecting assignment to limited primary\\ncare or drug free peer groups as established pursuant to applicable\\nrate-setting regulations and that provides primary health care services\\nto a patient population primarily comprised of substance abuse patients\\nand that is ineligible for an adjustment to medical assistance rates of\\npayment under subdivision seventeen of this section.\\n (c) Diagnostic and treatment centers which have their rates adjusted\\npursuant to this subdivision shall use such funds solely for the purpose\\nof recruitment and retention of non-supervisory workers or any worker\\nwith direct patient care responsibility and are prohibited from using\\nsuch funds for any other purpose. Each such diagnostic and treatment\\ncenter shall submit, at a time and in a manner to be determined by the\\ncommissioner, a written certification attesting that such funds will be\\nused solely for the purpose of recruitment and retention of\\nnon-supervisory workers or any worker with direct patient care\\nresponsibility. The commissioner is authorized to audit each such\\ndiagnostic and treatment center to ensure compliance with the written\\ncertification required by this paragraph and shall recoup any funds\\ndetermined to have been used for purposes other than recruitment and\\nretention of non-supervisory workers or any worker with direct patient\\ncare responsibility. Such recoupment shall be in addition to any other\\npenalties provided by law.\\n 19. (a) Notwithstanding any provision of law, rule or regulation to\\nthe contrary and subject to the provisions of paragraph (b) of this\\nsubdivision and to the availability of federal financial participation,\\nthe commissioner shall increase medical assistance rates of payment by\\nthree percent for services provided on and after December first, two\\nthousand two by freestanding methadone maintenance service and program\\nproviders issued operating certificates pursuant to this article and\\nsection 32.09 of the mental hygiene law for the purposes of improving\\nrecruitment and retention of methadone maintenance workers.\\n (b) Freestanding methadone maintenance services and program providers\\nwhich are eligible for rate adjustments pursuant to this subdivision and\\nwhich are also eligible for rate adjustments pursuant to subdivision\\nseventeen of this section, shall, on or before July first, two thousand\\ntwo, submit, in a form and manner determined by the commissioner,\\namendments to designated sections of their AHCF-1 cost report\\nsegregating wages and fringe benefit costs associated with methadone\\nmaintenance services from all other services for the purposes of\\ndetermining awards made pursuant to subdivision seventeen of this\\nsection for rate periods ending in two thousand three and in two\\nthousand four.\\n (c) Freestanding methadone maintenance service and program providers\\nwhich have their rates adjusted pursuant to this subdivision shall use\\nsuch funds solely for the purpose of recruitment and retention of\\nnon-supervisory workers or any worker with direct patient care\\nresponsibility and are prohibited from using such funds for any other\\npurpose. Each such methadone maintenance service and program provider\\nshall submit, at a time and in a manner to be determined by the\\ncommissioner, a written certification attesting that such funds will be\\nused solely for the purpose of recruitment and retention of\\nnon-supervisory workers at such programs or any worker with direct\\npatient care responsibility. The commissioner is authorized to audit\\neach such methadone maintenance service and program provider to ensure\\ncompliance with the written certification required by this paragraph and\\nshall recoup any funds determined to have been used for purposes other\\nthan recruitment and retention of non-supervisory workers or any worker\\nwith direct patient care responsibility. Such recoupment shall be in\\naddition to any other penalties provided by law.\\n 20. (a) Notwithstanding any contrary provision of law and subject to\\nthe receipt of all necessary federal approvals and the availability of\\nfederal financial participation, the commissioner is authorized to enter\\ninto agreements with SUNY downstate medical center, other public general\\nhospitals, and/or with the sponsoring local governments of such other\\npublic general hospitals, under which such facilities and/or such local\\ngovernment shall, by intergovernmental transfer, fund the non-federal\\nshare of Medicaid funds made available for Delivery System Reform\\nIncentive Payments (\"DSRIP\") to such facilities. Such non-federal share\\npayments shall be deemed voluntary and, further, such payments shall be\\nexcluded from computations made pursuant to section one of part C of\\nchapter fifty-eight of the laws of two thousand five, as amended. In\\naddition, the facilities, and/or the sponsoring local governments of\\nsuch facilities or the state may, by written notification to the other\\nparties to the agreement, cancel such agreement at any time prior to the\\npayment of the DSRIP funds. The commissioner shall, to the maximum\\ndegree practicable, and to the extent permitted by the federal Centers\\nfor Medicare and Medicaid Services (\"CMS\"), ensure that the DSRIP\\nprogram is implemented throughout the entire state.\\n (b) The commissioner shall establish an advisory panel to provide\\nassistance with regard to the DSRIP program. The panel shall be charged\\nwith reviewing recommendations for DSRIP funding made by the state's\\ncontracted DSRIP assessor and advising the commissioner regarding the\\nresults of such review. Such panel shall also review applications under\\nparagraph (b) of subdivision two of section twenty-eight hundred\\ntwenty-five of this article. Panel membership shall be comprised of\\nindividuals with significant health care system experience. Members may\\nnot be elected officials or employed by providers that would benefit\\nfrom DSRIP funding, and must not have any conflict of interest that\\nwould prevent them from providing an impartial review of DSRIP assessor\\nrecommendations. The panel shall consist of members appointed by the\\ncommissioner and shall in addition consist of one member appointed by\\nthe majority leader of the New York state senate, and one member\\nappointed by the speaker of the New York state assembly. The panel shall\\ncarry out the review of DSRIP recommendations in strict accordance with\\nall requirements set forth in the state's federal 1115 Medicaid waiver\\nstandard terms and conditions. The panel shall submit its\\nrecommendations to the commissioner for final determination, in\\naccordance with all requirements set forth in the state's federal 1115\\nMedicaid waiver standard terms and conditions. The commissioner may\\nmodify the requirements of this paragraph and paragraph (c) of this\\nsubdivision if such modifications are required by the federal CMS.\\n (c)(i) Project advisory committees. 1. Lead entities of systems\\nestablished under the Medicaid delivery system reform incentive payment\\n(\"DSRIP\") program shall establish a project advisory committee. The\\ncommittee shall consider and advise the entity on matters concerning\\nsystem operations, service delivery issues, elimination of health care\\ndisparities, measurement of project outcomes, the degree to which\\nproject goals are being reached and the development of any plans or\\nprograms. The entity may establish rules with respect to its project\\nadvisory committee.\\n (ii) The members of the committee shall be representatives of the\\ncommunity, or geographic service areas, served by the system, including\\nMedicaid consumers attributed to that system, and any other members\\nrequired by the terms and conditions of the DSRIP program. The lead\\nentity shall file with the commissioner, and from time to time update,\\nan up-to-date list of the members of the committee, which shall be made\\navailable to the public by the department on its website.\\n (iii) Notwithstanding any inconsistent provision of law, no officer or\\nemployee of the state or of any civil division thereof, shall be deemed\\nto have forfeited or shall forfeit his or her office or employment by\\nreason of his or her acceptance of membership on a project advisory\\ncommittee. No member of a project advisory committee shall receive\\ncompensation or allowance for services rendered on the committee,\\nexcept, however, that members of a committee may be reimbursed by the\\nentity or system for necessary expenses incurred in relation to service\\non a project advisory committee.\\n (d) For periods on and after April first, two thousand fourteen, the\\ncommissioner shall provide a report on a quarterly basis to the chairs\\nof the senate finance, assembly ways and means, senate health and\\nassembly health committees with regard to the status of the DSRIP\\nprogram. Such reports shall be submitted no later than sixty days after\\nthe close of the quarter, and shall include the most current information\\nsubmitted by providers to the state and the federal CMS. The reports\\nshall include:\\n (i) analysis of progress made toward DSRIP goals;\\n (ii) the impact on the state's health care delivery system;\\n (iii) information on the number and types of providers who\\nparticipate;\\n (iv) plans and progress for monitoring provider compliance with\\nrequirements;\\n (v) a status update on project milestone progress;\\n (vi) information on project spending and budget;\\n (vii) analysis of impact on Medicaid beneficiaries served;\\n (viii) a summary of public engagement and public comments received;\\n (ix) a description of DSRIP funding applications that were denied;\\n (x) a description of all regulation waivers issued pursuant to\\nparagraph (f) of this subdivision; and\\n (xi) a summary of the statewide geographic distribution of funds.\\n (e) For periods on and after April first, two thousand fourteen the\\ncommissioner shall promptly make all DSRIP governing documents,\\nincluding 1115 waiver standard terms and conditions, supporting\\nattachments and detailed project descriptions, and all materials made\\navailable to the legislature pursuant to paragraph (d) of this\\nsubdivision, available on the department's website. The commissioner\\nshall also provide a detailed overview on the department's website of\\nthe opportunities for public comment on the DSRIP program.\\n (f) Notwithstanding any provision of law to the contrary, the\\ncommissioners of the department of health, the office of mental health,\\nthe office for people with developmental disabilities, and the office of\\nalcoholism and substance abuse services are authorized to waive any\\nregulatory requirements as are necessary, consistent with applicable\\nlaw, to allow applicants under this subdivision and paragraph (a) of\\nsubdivision two of section twenty-eight hundred twenty-five of this\\narticle to avoid duplication of requirements and to allow the efficient\\nimplementation of the proposed project; provided, however, that\\nregulations pertaining to patient safety may not be waived, nor shall\\nany regulations be waived if such waiver would risk patient safety. Such\\nwaiver shall not exceed the life of the project or such shorter time\\nperiods as the authorizing commissioner may determine. Any regulatory\\nrelief granted pursuant to this subdivision shall be described,\\nincluding each regulation waived and the project it relates to, in the\\nreport provided pursuant to paragraph (d) of this subdivision.\\n * 20-a. Notwithstanding any provision of law to the contrary, the\\ncommissioners of the department of health, the office of mental health,\\nthe office of people with developmental disabilities, and the office of\\nalcoholism and substance abuse services are authorized to waive any\\nregulatory requirements as are necessary, consistent with applicable\\nlaw, to allow providers that are involved in DSRIP projects or\\nreplication and scaling activities, as approved by the authorizing\\ncommissioner, to avoid duplication of requirements and to allow the\\nefficient scaling and replication of DSRIP promising practices, as\\ndetermined by the authorizing commissioner; provided however, that\\nregulations pertaining to patient safety, patient autonomy, patient\\nprivacy, patient rights, due process, scope of practice, professional\\nlicensure, environmental protections, provider reimbursement\\nmethodologies, or occupational standards and employee rights may not be\\nwaived, nor shall any regulations be waived if such waiver would risk\\npatient safety. Any regulatory action under this subdivision shall be\\npublished on the applicable website of the authorizing commissioner and\\nshall include a description of each waiver, including a citation of each\\nregulation waived, and a description of the project of which such relief\\nwas granted.\\n * NB Expires April 1, 2020\\n 21. (a) Notwithstanding any contrary provision of law and subject to\\nthe receipt of all necessary federal approvals and the availability of\\nfederal financial participation, the commissioner is authorized to enter\\ninto agreements with SUNY downstate medical center, other public general\\nhospitals, and/or with the sponsoring local governments of such other\\npublic general hospitals, under which such facilities and/or such local\\ngovernment shall, by intergovernmental transfer, fund the non-federal\\nshare of Medicaid funds made available for implementation of Medicaid\\nRedesign Team initiatives. Such non-federal share payments shall be\\ndeemed voluntary and, further, such payments shall be excluded from\\ncomputations made pursuant to section one of part C of chapter\\nfifty-eight of the laws of two thousand five, as amended. In addition,\\nthe facilities, and/or the sponsoring local governments of such\\nfacilities or the state may, by written notification to the other\\nparties to the agreement, cancel such agreement at any time prior to the\\npayment of the Medicaid Redesign Team initiatives funds.\\n (b) Applications by eligible applicants for Medicaid Redesign Team\\ninitiatives funded by monies made available pursuant to paragraph (a) of\\nthis subdivision shall be submitted for review to the advisory panel\\nestablished pursuant to paragraph (b) of subdivision twenty of this\\nsection and such panel shall submit their recommendations to the\\ncommissioner for final determination. For periods on and after April\\nfirst, two thousand fourteen, the commissioner shall provide a report on\\na quarterly basis to the majority leader of the New York state senate\\nand to the speaker of the New York state assembly with regard to the\\nstatus of such applications and approved projects. Such reports shall be\\nsubmitted no later than sixty days after the close of the quarter, and\\nshall include the most current information submitted by applicants to\\nthe state. The reports shall be submitted in conjunction with and as a\\npart of the reports submitted pursuant to paragraph (c) of subdivision\\ntwenty of this section and shall include:\\n (i) analysis of progress made toward project goals;\\n (ii) the impact on the state's health care delivery system;\\n (iii) information on the number and types of providers who\\nparticipate;\\n (iv) plans and progress for monitoring provider compliance with\\nrequirements;\\n (v) a status update on project milestone progress;\\n (vi) information on project spending and budget;\\n (vii) analysis of impact on Medicaid beneficiaries served;\\n (viii) a summary of public engagement and public comments received;\\n (ix) a description of applications that were denied;\\n (x) a description of all regulation waivers issued pursuant to\\nparagraph (e) of this subdivision; and\\n (xi) a summary of the statewide geographic distribution of funds.\\n (c) The commissioner shall make all reports prepared pursuant to\\nparagraph (b) of this subdivision and all supporting attachments and\\nmaterials available on the department's website.\\n (d) Notwithstanding any inconsistent law to the contrary, and subject\\nto federal financial participation, and subject to amounts appropriated\\nfor purposes herein, the department may distribute funds to make rate\\nadjustments for health home providers as described in section three\\nhundred sixty-five-l of the social services law for member engagement,\\nstaff training and retraining, health information technology\\nimplementation, joint governance technical assistance, and other such\\npurposes as the commissioner, in consultation with the commissioners of\\nthe office of mental health and the office of alcoholism and substance\\nabuse services determines.\\n (e) Notwithstanding any provisions of law to the contrary, the\\ncommissioners of the department of health, the office of mental health,\\nthe office for people with developmental disabilities, and the office of\\nalcoholism and substance abuse services are authorized to waive any\\nregulatory requirements as are necessary, consistent with applicable\\nlaw, to allow applicants under this subdivision and paragraph (a) of\\nsubdivision two of section twenty-eight hundred twenty-five of this\\narticle to avoid duplication of requirements and to allow the efficient\\nimplementation of the proposed project; provided, however, that\\nregulations pertaining to patient safety may not be waived, not shall\\nany regulation be waived if such waiver would risk patient safety. Such\\nwaiver shall not exceed the life of the project or such shorter time\\nperiod as the authorizing commissioner any determine. Any regulatory\\nrelief granted pursuant to this subdivision shall be described,\\nincluding each regulation waived and the project it relates to, in the\\nreport provided pursuant to paragraph (b) of this subdivision.\\n 22. Notwithstanding any provision of law to the contrary, and subject\\nto federal financial participation, general hospitals designated as sole\\ncommunity hospitals in accordance with title XVIII of the federal social\\nsecurity act shall be eligible for enhanced payments or reimbursement\\nfor inpatient and/or outpatient services of up to twelve million dollars\\nunder a supplemental or revised rate methodology, established by the\\ncommissioner in regulation, for the purpose of promoting access and\\nimproving the quality of care. If federal financial participation is\\nunavailable, then the non-federal share of such payments pursuant to\\nthis subdivision may be made as state grants.\\n (a) Thirty days prior to adopting or applying a methodology or\\nprocedure for making an allocation or modification to an allocation made\\npursuant to this subdivision, the commissioner shall provide written\\nnotice to the chairs of the senate finance committee, the assembly ways\\nand means committee, and the senate and assembly health committees with\\nregard to the intent to adopt or apply the methodology or procedure,\\nincluding a detailed explanation of the methodology or procedure.\\n (b) Thirty days prior to executing an allocation or modification to an\\nallocation made pursuant to this subdivision, the commissioner shall\\nprovide written notice to the chairs of the senate finance committee,\\nthe assembly ways and means committee, and the senate and assembly\\nhealth committees with regard to the intent to distribute such funds.\\nSuch notice shall include, but not be limited to, information on the\\nmethodology used to distribute the funds, the facility specific\\nallocations of the funds, any facility specific project descriptions or\\nrequirements for receiving such funds, the multi-year impacts of these\\nallocations, and the availability of federal matching funds. The\\ncommissioner shall provide quarterly reports to the chair of the senate\\nfinance committee and the chair of the assembly ways and means committee\\non the distribution and disbursement of such funds.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2807-A", "title" : "General hospital nineteen hundred eighty-six and nineteen hundred eighty-seven inpatient rates and charges", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2807-A", "activeDate" : "2014-09-22", "sequenceNo" : 1049, "repealedDate" : null, "fromSection" : "2807-A", "toSection" : "2807-A", "text" : " § 2807-a. General hospital nineteen hundred eighty-six and nineteen\\nhundred eighty-seven inpatient rates and charges.\\n 1. For the rate period from January first, nineteen hundred eighty-six\\nthrough December thirty-first, nineteen hundred eighty-six and for the\\nrate period from January first, nineteen hundred eighty-seven through\\nDecember thirty-first, nineteen hundred eighty-seven, the rates of\\npayment to general hospitals for services provided to persons eligible\\nfor payments made by state governmental agencies and subscribers to\\narticle forty-three insurance law corporations and subscribers of\\norganizations organized under article forty-four of this chapter (unless\\napplication is made to the commissioner under subdivision three of this\\nsection) shall be based on the reimbursable operating costs used in\\ndetermining payments for services provided during the rate period from\\nJanuary first, nineteen hundred eighty-five through December\\nthirty-first, nineteen hundred eighty-five. Such operating costs shall\\ninclude the annualized cost impact of rate revisions or adjustments made\\nwith respect to such services. In addition to the reimbursable operating\\ncosts identified in accordance with this subdivision, payment rates by\\ngovernmental agencies and article forty-three insurance law corporations\\nshall be adjusted each year to reflect:\\n (a) capital related expenses determined in accordance with subdivision\\nseven of this section;\\n (b) additional financial needs or revenue requirements in accordance\\nwith subdivision eight of this section; and\\n (c) projection of reimbursable costs identified in accordance with\\nthis subdivision by a trend factor established by the panel of\\neconomists as set forth in subdivision fourteen of this section.\\n 2. For the rate period from January first, nineteen hundred\\neighty-six through December thirty-first, nineteen hundred eighty-six\\nand for the rate period from January first, nineteen hundred\\neighty-seven through December thirty-first, nineteen hundred\\neighty-seven, rates of payment pursuant to the provisions of the\\nworkers' compensation law, the volunteer firefighters' benefit law and\\nthe comprehensive motor vehicle insurance reparations act shall be\\nestablished on the basis of one hundred twelve percent of the trended\\nnineteen hundred eighty-one average operating reimbursable per diem\\ninpatient cost of the hospital, plus the additions specified in\\nsubdivisions seven and eight of this section and such revisions that may\\nbe made pursuant to subdivisions eleven and fourteen of this section.\\n 3. Nothing in this section shall prohibit the negotiation by health\\nmaintenance organizations operating in accordance with the provisions of\\narticle forty-three of the insurance law or article forty-four of this\\nchapter, of agreements with general hospitals for rates of payment other\\nthan those provided herein. Such contracts shall require approval by the\\ncommissioner and must include provision for special benefit packages or\\narrangements for providing inpatient services to encourage patient\\nmanagement behavior that will minimize the length of patient stay, such\\nas special admission arrangements, bed leasing or other inpatient\\ncapitation arrangements.\\n 4. Hospital inpatient services reimbursement provided to patients who\\nare not beneficiaries or subscribers of corporations organized and\\noperating in accordance with article forty-three of the insurance law,\\neligible for payments made by state governmental agencies, eligible for\\npayments as beneficiaries of subchapter XVIII of the federal social\\nsecurity act, enrolled in organizations operating in accordance with the\\nprovisions of article forty-four of this chapter, enrolled in a\\nself-insured and self-administered group covered under the provisions of\\nparagraph (b) of subdivision twelve of this section, or eligible for\\npayments pursuant to the provisions of the workers' compensation law,\\nthe volunteer firefighters' benefit law or the comprehensive motor\\nvehicle insurance reparations act shall be at charges established by the\\nhospital in accordance with subdivision twelve of this section.\\n 5. Specialty hospitals shall receive reimbursement for general\\nhospital inpatient services in accordance with the provisions of this\\nsection unless other reimbursement methodologies are adopted by the\\ncouncil and approved by the commissioner. In such event the allowances\\nprovided in subdivision eight of this section shall be included in\\ncertified and approved inpatient rates.\\n 6. The establishment of separate rates of payment for patients who\\nrequire different levels or types of care shall require a reallocation\\nof costs to insure that costs are equitably allocated to service areas\\nand appropriate rate adjustments are made.\\n 7. Capital related expenses. Capital related inpatient expenses,\\nincluding but not limited to straight line depreciation on buildings and\\nnon-movable equipment, accelerated depreciation on movable equipment if\\nrequested by the hospital, rentals and interest on capital debt (or for\\nhospitals financed pursuant to article twenty-eight-b of this chapter,\\nsuch expenses, including amortization in lieu of depreciation, as\\ndetermined pursuant to the reimbursement regulations promulgated\\npursuant to that article and article twenty-eight of this chapter),\\nshall be included in rates established on a budget basis and\\nsubsequently reconciled to actual expenses through appropriate audit\\nprocedures. General hospitals shall submit to the commissioner, at least\\none hundred twenty days prior to the commencement of each year, a\\nschedule of capital related inpatient expenses for the forthcoming year.\\nAny capital related inpatient expense generated by a capital expenditure\\nwhich requires or required approval pursuant to this article, must have\\nreceived such approval for the capital related expense to be included in\\nthe rates established. The submitted budget may include the capital\\nrelated inpatient expenses for all existing capital assets as well as\\nestimates of capital related inpatient expenses for capital assets to be\\nacquired or placed in use prior to the commencement of the rate year or\\nduring the rate year provided all required approvals have been obtained.\\nThe basis for determining capital related inpatient expenses shall be\\nthe lesser of actual cost or the final amount specifically approved for\\nthe construction of the capital asset. The council shall adopt, with the\\napproval of the commissioner, regulations to:\\n (a) identify by type the eligible capital related inpatient expenses;\\n (b) safeguard the future financial viability of voluntary, non-profit\\ngeneral hospitals by requiring funding of inpatient depreciation on\\nbuilding and fixed and movable equipment;\\n (c) provide authorization to adjust inpatient rates by advancing\\npayment of depreciation as needed, in instances of capital debt related\\nfinancial distress of a voluntary, non-profit general hospital; and\\n (d) provide a methodology for the reimbursement treatment of sales.\\n 8. Allowances. All rates established for the two years commencing on\\nJanuary first, nineteen hundred eighty-six in accordance with\\nsubdivisions one, two, three, four, five and six of this section shall\\ninclude the allowances specified in paragraphs (a), (b), (c), (e) and\\n(f) of this subdivision. The allowances shall be computed on the basis\\nof the general hospitals' reimbursable inpatient costs after application\\nof the trend factor. For the purposes of this subdivision and\\nsubdivisions sixteen and twenty-four of this section, major public\\ngeneral hospitals are defined as all state operated general hospitals,\\nall general hospitals operated by the New York city health and hospitals\\ncorporation as established by chapter one thousand sixteen of the laws\\nof nineteen hundred sixty-nine as amended and all other public general\\nhospitals having annual inpatient operating costs in excess of\\ntwenty-five million dollars.\\n (a) An allowance of one percent of the general hospitals' reimbursable\\ninpatient costs computed in accordance with this section to be used at\\nthe discretion of hospital governing boards.\\n (b) For public general hospitals an additional allowance of up to two\\npercent subject to the provisions of paragraph (d) of this subdivision.\\n (c) For voluntary non-profit and private proprietary general hospitals\\nan additional allowance up to one percent subject to the provisions of\\nparagraph (d) of this subdivision.\\n (d) The additional allowances in paragraphs (b) and (c) of this\\nsubdivision shall be available to general hospitals receiving approval\\nfrom the commissioner as to the acceptable use of the allowance which\\nuses shall include but not be limited to retirement of short term\\nnon-capital debt, meeting costs related to bad debts and charity care\\nnot met by the distributions as specified in subdivisions sixteen and\\ntwenty-four of this section, offsetting reductions in anticipated\\nrevenue resulting from charge limits below those applicable to the\\nparticular hospital immediately prior to the enactment of subdivision\\ntwelve of this section, and needed improvement of current ratio.\\nAllowances authorized by paragraphs (b) and (c) of this subdivision are\\nnot to be considered as a substitute for operational funds that are\\notherwise reimbursable or subject to appeal.\\n (e) A percentage to reflect the needs for the financing of losses\\nresulting from bad debts and the costs of charity care of general\\nhospitals within article forty-three insurance law regions, or such\\nother regions as adopted pursuant to subdivision fifteen of this\\nsection, and within a statewide determination of financial resources to\\nbe committed for this purpose. Regional needs shall be equal to the\\ntotal of inpatient losses from bad debts reduced to cost and the\\ninpatient costs of charity care increased by any deficit of such\\nhospitals from providing ambulatory services, excluding any portion of\\nsuch deficit resulting from governmental payments below average visit\\ncosts, and revenues and expenses related to the provision of referred\\nambulatory services. The regional amounts to be included in rates\\napproved for the rate year commencing January first, nineteen hundred\\neighty-six and for the rate year commencing January first, nineteen\\nhundred eighty-seven will be equal to the result of the application of\\nthe percentage of statewide need for voluntary non-profit, private\\nproprietary and public general hospitals, other than major public\\ngeneral hospitals, that can be met from available resources in regional\\npools, created in accordance with subdivision fifteen of this section\\ncomputed without consideration of inpatient uncollectible amounts, to\\nthe regional need for voluntary non-profit, private proprietary and\\npublic general hospitals, other than major public general hospitals,\\nexpressed in dollars plus the dollar amount resulting from the\\napplication of the ratio of major public general hospitals inpatient\\nreimbursable costs within the region to total statewide general\\ninpatient reimbursable cost (as computed on the basis of nineteen\\nhundred eighty-four financial and statistical reports and excluding\\ncosts related to services to beneficiaries of subchapter XVIII of the\\nfederal social security act) to the statewide resources committed for\\nthis purpose to regional pools computed without consideration of\\ninpatient uncollectible amounts and the ratio of these total dollars to\\nthe total regional reimbursable inpatient costs, excluding inpatient\\ncosts related to services provided to beneficiaries of subchapter XVIII\\nof the federal social security act, after application of the trend\\nfactor. For each year of the two year period commencing on January\\nfirst, nineteen hundred eighty-six the statewide amount to be available\\nin regional pools for this purpose will equal four and one-half percent\\nof the total hospital reimbursable inpatient cost, excluding inpatient\\ncosts related to services provided to beneficiaries of subchapter XVIII\\nof the federal social security act and inpatient uncollectible amounts,\\nafter application of the trend factor. The allocations of resources made\\navailable under this paragraph, as specified in subdivision sixteen of\\nthis section may be changed only as follows: An annual review shall be\\nconducted pursuant to rules and regulations adopted by the council and\\napproved by the commissioner with respect to bad debt and charity care\\nneed within each article forty-three insurance law region or such other\\nregions as are adopted pursuant to subdivision fifteen of this section.\\nIf within such a region there is a definitive finding as a result of\\nsuch review that there has been a change in the proportional amounts of\\nbad debts and charity care provided by (i) major public general\\nhospitals and (ii) voluntary non-profit, private proprietary and public\\ngeneral hospitals, other than major public general hospitals, the\\nallocation of resources made available under this paragraph shall be\\nadjusted pursuant to the rules and regulations adopted pursuant to this\\nparagraph so as to reflect this change.\\n (f) An additional allowance of fifty-eight hundredths of one percent\\nshall be included in each rate established for each voluntary non-profit\\nand private proprietary general hospital to be returned to a regional\\npool and distributed in accordance with paragraph (b) of subdivision\\nsixteen of this section.\\n 10. Special provisions for payments by governmental agencies. In the\\nevent that the allowances specified in subdivision eight of this section\\nare not approved by the federal government for federal financial\\nparticipation in payments made for beneficiaries eligible for medical\\nassistance under subchapter XIX of the federal social security act,\\nrates of payment by governmental agencies for the operating cost\\ncomponent of general hospital inpatient services shall be based on the\\nreimbursable operating costs used in determining payments for services\\nprovided during the rate period from January first, nineteen hundred\\neighty-five through December thirty-first, nineteen hundred eighty-five,\\nincluding the annualized cost impact of rate revisions or adjustments\\nmade with respect to such services, projected by a trend factor\\ndetermined in accordance with subdivision fourteen of this section, and\\nadjusted by a base period adjustment factor to reflect the difference\\nbetween the actual regional increase in inpatient general hospital\\noperating cost for those regions as established pursuant to subdivision\\nfifteen of this section between cost reporting periods for nineteen\\nhundred eighty-one and nineteen hundred eighty-four and the trend\\nfactors developed to project costs for such period, provided, however,\\nsuch base period adjustment factor shall not exceed an amount equal to\\nthe percentage allowances calculated in accordance with paragraphs (a),\\n(b), (c), (e) and (f) of subdivision eight of this section. The\\ncommissioner shall assess all general hospitals within a region an\\namount equal to the regional allowance percentage as determined in\\naccordance with paragraph (e) of subdivision eight of this section\\napplied to actual inpatient revenues received from providing inpatient\\nservices to persons eligible for payments from state governmental\\nagencies excluding inpatient revenues related to services provided to\\nbeneficiaries of subchapter XVIII of the federal social security act.\\nThe commissioner shall also assess an additional fifty-eight hundredths\\nof one percent of actual inpatient revenues received by voluntary\\nnon-profit and private proprietary general hospitals for services\\nprovided to persons eligible for payments made by state governmental\\nagencies excluding inpatient revenues related to services provided to\\nbeneficiaries of subchapter XVIII of the federal social security act.\\nSuch assessments shall be returned to regional pools in accordance with\\nthe methodology contained in subdivision fifteen of this section and\\ndistributed in accordance with the provisions of subdivision sixteen of\\nthis section.\\n 11. Adjustments. (a) For the period from January first, nineteen\\nhundred eighty-six through December thirty-first, nineteen hundred\\neighty-seven, the commissioner shall on his own initiative, or on the\\nbasis of a request from a general hospital, adjust an established rate\\nto reflect:\\n (i) the reduction of costs related to the elimination of a general\\nhospital inpatient service in instances where the costs of such service\\nwere included in the rate established; and\\n (ii) the correction of errors or omissions of data or in computation.\\n (b) General hospitals may request and the commissioner shall consider\\nan adjustment to an established rate to reflect increased expenses or\\nreconsideration of disallowed expenses based on:\\n (i) justification of all or a portion of expenses not included in the\\nrate resulting from the cost analysis process contained in subparagraph\\n(i) of paragraph (a) of this subdivision;\\n (ii) additional operational expenses related to approved construction\\nor service changes;\\n (iii) the addition of costs related to a state requirement for\\nadditional services to be provided or additional costs to be incurred in\\nmeeting state and federal requirements;\\n (iv) additional expenses to permit a more efficient and economical\\nmethod of delivering a service; and\\n (v) increased costs for compensation of employees.\\n (c) In determining the reasonableness or justification of an\\nadjustment to an established rate related to subparagraph (v) of\\nparagraph (b) of this subdivision, the commissioner shall consider:\\n (i) the fiscal capability of the general hospital to finance such\\nincreases from its own resources;\\n (ii) the past history of the general hospital with respect to\\ncompensation increases and allowed compensation trend factors; and\\n (iii) the economy in the area in which the general hospital is\\nlocated.\\n (d) The commissioner shall adjust a prospectively established\\ninpatient rate on the basis of subsequent data that demonstrates a\\nsignificant cost influencing change in patient mix or volume of service.\\nSuch adjustments shall be based on rules and regulations adopted by the\\ncouncil and approved by the commissioner. Such rules and regulations for\\na volume adjustment shall take into consideration only volume changes to\\nother than beneficiaries of subchapter XVIII of the federal social\\nsecurity act.\\n (e) All appeals shall be submitted to the commissioner, who may submit\\na copy of the appeal to interested parties for the purpose of providing\\nan opportunity for comment within a specified time period.\\n (f) The commissioner shall act upon all properly documented appeals\\nfor adjustments concerning base year costs by November first of the\\ncalendar year for which the rate is effective provided that all\\ninformation necessary to determine whether an adjustment is justified is\\nsubmitted by the facility prior to May first of such year. In the event\\nsuch an appeal is filed by May first, but information necessary to\\ndetermine whether an adjustment is justified is submitted after such\\ndate, the commissioner shall act on the appeal within six months after\\nreceiving the necessary information.\\n (g) The commissioner shall consider an adjustment to a hospital's\\nreported base year costs in instances where it is demonstrated that\\nrecurring costs resulting from multi-year commitments beginning late in\\na base year should be calculated on an annual basis in establishing a\\nrate in order to avoid a significant inequity. In making such an\\nadjustment the commissioner shall consider the offset of non-recurring\\nbase year costs.\\n 12. Hospital charge schedules. (a) Effective for the year commencing\\nJanuary first, nineteen hundred eighty-six and thereafter each general\\nhospital shall establish a charge schedule for available and authorized\\nservices in accordance with a gross charge determination formula\\nprovided by the commissioner which shall establish gross inpatient\\ncharges such that the payment rate to be made on behalf of subscribers\\nof article forty-three insurance law plans, adjusted for uncovered\\nservices shall be at a discount which shall not exceed twelve percent of\\nthe gross charge rate billed to or on behalf of charge paying patients.\\nFor general hospitals subject to the provisions of paragraphs (a) and\\n(b) of subdivision twenty-one of this section, the costs (including all\\nallowances specified in subdivision eight of this section) of services\\nprovided to charge paying patients shall not exceed a twelve percent\\ndiscount from the gross charge rate billed to or on behalf of charge\\npaying patients. In the event that a hospital's gross inpatient charges\\nexceed the maximum inpatient charges computed in accordance with the\\ngross charge determination formula prescribed by the commissioner,\\ndirect repayment or adjustment of subsequent charges for inpatient\\nservices shall be effectuated in accordance with regulations adopted by\\nthe council and approved by the commissioner.\\n (b) For the period January first, nineteen hundred eighty-six through\\nDecember thirty-first, nineteen hundred eighty-seven, negotiated payment\\nrate determination systems between self-insured and self-administered\\ngroups and hospitals which were in effect on May first, nineteen hundred\\neighty-five may continue.\\n 13. Working capital. General hospitals may include as a financing or\\nworking capital charge an addition of two percent of any valid claim not\\npaid within thirty days of submission or determination of payor\\nliability, whichever is later, and one percent per month thereafter.\\nRevenues received from such financing or working capital charges shall\\nnot be considered as a cost offset or as part of the hospital's gross\\ninpatient charges. Financing or working capital charges shall not be\\napplied to hospital billings to third party payors participating in a\\nperiodic interim payment system.\\n 14. Trend factors. (a) The commissioner in accordance with the\\nmethodology developed by the consultants pursuant to paragraph (b) of\\nthis subdivision shall establish trend factors to project for the\\neffects of inflation. The factors shall be applied to the appropriate\\nportion of reimbursable costs as defined in subdivision one of this\\nsection, or, if effective, subdivision ten of this section. The\\nmethodology for developing the trend factor shall include the\\nappropriate external price indicators and shall also include the data\\nfrom major collective bargaining agreements as reported quarterly by the\\nfederal department of labor, bureau of labor statistics, for\\nnon-supervisory employees.\\n (b) The methodology shall be developed by four independent consultants\\nwith expertise in health economics appointed by the commissioner. Not\\nlater than September first of each year, the consultants shall provide\\nto the commissioner and the council, the methodology to be used to\\ndetermine the trend factors for the subsequent twelve month period\\ncommencing January first. The commissioner shall monitor the actual\\nprice movement during this twelve month period of the external price\\nindicators used in the methodology, shall report the results of the\\nmonitoring to the consultants, and shall implement, semi-annually, the\\nrecommendations of the consultants for adjustments to the trend factor,\\nprovided, however, that adjustments, except for the final adjustment of\\nthe trend factor, shall not be required unless such adjustment would\\nresult in the weighted average of the operating cost component of the\\nrates differing by more than one-half of one percent from that which was\\npreviously determined.\\n 15. Regional and statewide pools, general. Funds will be made\\navailable in regional pools for regional distributions through the\\nsubmissions by general hospitals of the allowances included in rates and\\ncharges in accordance with paragraphs (e) and (f) of subdivision eight\\nof this section and, if effective, the amount of the assessment in\\naccordance with subdivision ten of this section. Funds will be made\\navailable for distribution from a statewide pool in accordance with the\\nassessments authorized in subdivision twenty-three of this section. The\\nregions are established as the article forty-three insurance plan\\nregions, with the exception that the southern sixteen counties shall be\\ndivided into three regions for the purposes of subdivisions eight and\\nsixteen of this section with separate regions consisting of Richmond,\\nManhattan, Bronx, Queens and Kings counties; Nassau and Suffolk\\ncounties, and Delaware, Columbia, Ulster, Sullivan, Orange, Dutchess,\\nPutnam, Rockland and Westchester counties. Such regions shall be the\\nsame regions established and in effect January first, nineteen hundred\\neighty-five. The council with the approval of the commissioner may\\ncombine regions, with the exception of the above specified regions for\\nthe southern sixteen counties, upon application of the article\\nforty-three insurance law plans involved and a demonstration that\\nsignificant inequities would not occur. The commissioner is authorized\\nto contract with the article forty-three insurance law plans to receive\\nfunds for the pools and distribute such funds. In the event contracts\\nwith the article forty-three insurance law plans are effectuated, the\\ncommissioner shall conduct annual audits of the receipt and distribution\\nof the pooled funds. In order for general hospitals to participate in\\nthe distribution of funds from the pools the general hospital must\\nimplement collection policies and procedures approved by the\\ncommissioner.\\n 16. Regional pools. Funds accumulated in regional pools, including\\nincome from invested funds, shall be distributed in accordance with the\\nfollowing methodology and sequence:\\n (a) Funds accumulated in regional pools, including income from\\ninvested funds, from the allowance specified in paragraph (e) of\\nsubdivision eight of this section and, if effective, the assessment\\nagainst all general hospitals as authorized in subdivision ten of this\\nsection shall be distributed as follows:\\n (i) Each eligible major public general hospital as defined in\\nsubdivision eight of this section shall receive a portion of its bad\\ndebt and charity care need equal to the result of the application of\\nits percentage of statewide inpatient reimbursable costs excluding costs\\nrelated to services to beneficiaries of subchapter XVIII of the federal\\nsocial security act, developed on the basis of nineteen hundred\\neighty-four financial and statistical reports to the total of all\\nregional pools.\\n (ii) Funds remaining in the regional pools after distribution in\\naccordance with subparagraph (i) of this paragraph shall be distributed\\nproportionately to voluntary non-profit, private proprietary and public\\ngeneral hospitals, other than major public general hospitals, on the\\nbasis of need within the region as defined in paragraph (e) of\\nsubdivision eight of this section.\\n (b) Funds accumulated in regional pools, including income from\\ninvested funds, created by the allowance specified in paragraph (f) of\\nsubdivision eight of this section and, if effective, the fifty-eight\\nhundredths of one percent assessment against voluntary non-profit and\\nprivate proprietary general hospitals as authorized by subdivision ten\\nof this section, shall be available for distribution by the commissioner\\nin accordance with rules adopted by the council to assist in offsetting\\nlosses resulting from bad debts and the costs of charity care of\\nvoluntary non-profit and private proprietary general hospitals\\nexperiencing severe fiscal hardship because of insufficient resources to\\nfinance such losses and costs. Such losses and costs may include losses\\nand costs incurred prior to the year used in determining hospital need\\npursuant to paragraph (e) of subdivision eight of this section. Amounts\\nto be distributed shall be determined after consideration of amounts to\\nbe distributed from regional pools in accordance with paragraph (a) of\\nthis subdivision and from the statewide pool in accordance with\\nsubparagraph (iii) of paragraph (a) of subdivision twenty-four of this\\nsection.\\n (c) Any balance in the portion of regional pools created by the\\nallowance in paragraph (f) of subdivision eight of this section, and if\\neffective, the fifty-eight hundredths of one percent assessment as\\nauthorized by subdivision ten of this section, including income from\\ninvested funds, after distribution in accordance with paragraph (b) of\\nthis subdivision shall be distributed to voluntary non-profit and\\nprivate proprietary general hospitals within the region on a basis\\nrelated to specific hospital need as defined in paragraph (e) of\\nsubdivision eight of this section.\\n 20. Unit of service. For the rate period from January first, nineteen\\nhundred eighty-six through December thirty-first, nineteen hundred\\neighty-six and for the rate period from January first, nineteen hundred\\neighty-seven through December thirty-first, nineteen hundred\\neighty-seven the unit of service on which payment is made to general\\nhospitals for inpatient services shall be the unit of service in effect\\nduring the rate period from January first, nineteen hundred eighty-five\\nthrough December thirty-first, nineteen hundred eighty-five unless\\nspecifically provided otherwise in this section or modified pursuant to\\na subsequent chapter.\\n 21. Provisions for article forty-three insurance law corporations and\\narticle forty-four of this chapter organizations. Except as provided in\\nparagraphs (a) and (b) of this subdivision, general hospital charges for\\ninpatient and outpatient services to subscribers or beneficiaries of\\ncontracts entered into pursuant to the provisions of article forty-three\\nof the insurance law or to members of a comprehensive health services\\nplan operating pursuant to the provisions of article forty-four of this\\nchapter for patient services rendered shall not exceed the rates of\\npayment approved by the superintendent of financial services or approved\\nor certified by the commissioner, whichever is applicable and required\\nby this section, for payments by such article forty-three insurance law\\ncorporations or article forty-four of this chapter organizations. No\\ngeneral hospital may demand or request any charge for such covered\\nservices in addition to the charges or rates authorized by this article.\\n (a) Any general hospital which terminated its contract with an article\\nforty-three insurance law corporation or a comprehensive health services\\nplan after October first, nineteen hundred seventy-six and prior to May\\nfirst, nineteen hundred seventy-eight, may not charge subscribers or\\nbeneficiaries of contracts entered into pursuant to the provisions of\\narticle forty-three of the insurance law, or members of a comprehensive\\nhealth services plan operating pursuant to the provisions of article\\nforty-four of this chapter, amounts in excess of the schedule of charges\\nestablished by such hospital for patient services in accordance with the\\nprovisions of subdivision twelve of this section.\\n (b) Any general hospital which has notified in writing an article\\nforty-three insurance law corporation or a comprehensive health services\\nplan prior to June first, nineteen hundred seventy-eight of its\\nintention to terminate its contract with such corporation or plan in\\naccordance with the terms of such contract, except a general hospital\\nsubject to the provisions of paragraph (a) of this subdivision may not\\ncharge a subscriber or beneficiary of a contract entered into pursuant\\nto the provisions of article forty-three of the insurance law, or a\\nmember of a comprehensive health services plan operating pursuant to the\\nprovisions of article forty-four of this chapter, after the effective\\ndate of termination of such contract, amounts in excess of the schedule\\nof charges established by such hospital for patient services in\\naccordance with the provisions of subdivision twelve of this section.\\n (c) No general hospital shall refuse to provide patient services to\\nsuch subscribers or beneficiaries solely on the grounds of such\\nsubscription or membership.\\n 22. Restitution authorization. In enforcing the provisions of\\nsubdivisions twelve and twenty-one of this section, the commissioner\\nmay, in addition to the penalties and injunctions set forth in section\\ntwelve of this chapter, order that any general hospital provide\\nrestitution for any overpayments made by any party. Any hospital may\\nrequest a formal hearing pursuant to the provisions of section twelve-a\\nof this chapter in the event the hospital does not consent to any order\\nof the commissioner hereunder. The commissioner may direct that such a\\nhearing be held without any request by a hospital.\\n 23. Bad debt and charity care assessments. The commissioner shall\\ncreate a bad debt and charity care statewide pool through assessments\\nwhich shall be charged to general hospitals to reflect the needs for the\\nfinancing of losses resulting from bad debts and the costs of charity\\ncare. Such assessments will be submitted to a statewide pool as\\ndesignated by the commissioner and distributed on a monthly basis in\\naccordance with subdivision twenty-four of this section. The bad debt\\nand charity care assessments shall be:\\n (a) Three and eight-tenths percent aggregate assessment of each\\ngeneral hospital's gross revenue received for inpatient hospital service\\nprovided during the period July first, nineteen hundred eighty-six\\nthrough December thirty-first nineteen hundred eighty-six composed of\\nthe following: (i) an assessment of three and eight hundredths percent\\nto be allocated to a statewide bad debt and charity care account in the\\nstatewide pool and distributed in accordance with paragraph (a) of\\nsubdivision twenty-four of this section, (ii) an assessment of\\nthirty-eight hundredths of one percent to be allocated to a statewide\\nfinancially distressed hospital account in the statewide pool and\\ndistributed in accordance with paragraph (b) of subdivision twenty-four\\nof this section, and (iii) an assessment of thirty-four hundredths of\\none percent to be allocated to a statewide transition account in the\\nstatewide pool and distributed in accordance with paragraph (c) of\\nsubdivision twenty-four of this section;\\n (b) One and nine-tenths percent aggregate assessment of each general\\nhospital's gross revenue received for inpatient hospital service\\nprovided during the period January first, nineteen hundred eighty-seven\\nthrough December thirty-first, nineteen hundred eighty-seven composed of\\nthe following: (i) an assessment of one and fifty-four hundredths\\npercent to be allocated to a statewide bad debt and charity care account\\nin the statewide pool and distributed in accordance with paragraph (a)\\nof subdivision twenty-four of this section, (ii) an assessment of\\nnineteen hundredths of one percent to be allocated to a statewide\\nfinancially distressed hospital account in the statewide pool and\\ndistributed in accordance with paragraph (b) of subdivision twenty-four\\nof this section, and (iii) an assessment of seventeen hundredths of one\\npercent to be allocated to a statewide transition account in the\\nstatewide pool and distributed in accordance with paragraph (c) of\\nsubdivision twenty-four of this section;\\n (c) Provided, however, there shall be no assessment against those\\nvoluntary non-profit and private proprietary general hospitals which\\nqualify for distributions made in accordance with paragraph (b) of\\nsubdivision sixteen of this section and paragraph (b) of subdivision\\ntwenty-four of this section.\\n (d) For the purposes of this subdivision and subdivision twenty-four\\nof this section, gross revenue received is defined as all monies\\nreceived for or on account of inpatient hospital service, provided,\\nhowever, that gross revenue received shall not include distributions\\nfrom regional and statewide pools established in accordance with this\\nsection and shall not include the component of rates of payment related\\nto the allowances provided in accordance with subdivision eight or, if\\neffective, the base period adjustment factor provided in accordance with\\nsubdivision ten of this section.\\n 24. Statewide pool distribution. (a) Funds accumulated in the\\nstatewide bad debt and charity care account in the statewide pool,\\nincluding income from invested funds, shall be distributed in accordance\\nwith the following methodology:\\n (i) There shall be set aside within such account, from accumulated\\nfunds, from the total allocation to the statewide bad debt and charity\\ncare account of the assessment of three and eight hundredths percent of\\ngross revenue received in accordance with subparagraph (i) of paragraph\\n(a) of subdivision twenty-three of this section an amount equal to\\neighty-six hundredths of one percent of gross revenue received, as\\ndefined in paragraph (d) of subdivision twenty-three of this section,\\nand from the total allocation to the statewide bad debt and charity care\\naccount of the assessment of one and fifty-four hundredths percent of\\ngross revenue received in accordance with subparagraph (i) of paragraph\\n(b) of subdivision twenty-three of this section an amount equal to\\nforty-three hundredths of one percent of gross revenue received, as\\ndefined in paragraph (d) of subdivision twenty-three of this section.\\nEach eligible major public general hospital, as defined in subdivision\\neight of this section, shall receive from such funds a portion of its\\nbad debt and charity care need equal to the result of the application of\\nits percentage of statewide major public general hospital gross revenue\\nreceived to such funds.\\n (ii) Any funds within the statewide bad debt and charity care account\\nset aside for major public general hospitals and not distributed in\\naccordance with subparagraph (i) of this paragraph shall be distributed\\nin accordance with subparagraph (iii) of this paragraph.\\n (iii) Funds remaining in the statewide bad debt and charity care\\naccount, after allocation in accordance with subparagraph (i) of this\\nparagraph, including funds available pursuant to subparagraph (ii) of\\nthis paragraph, and including income from invested funds, shall be\\ndistributed proportionately on a statewide basis to voluntary\\nnon-profit, private proprietary and public general hospitals, other than\\nmajor public general hospitals, on the basis of need as defined in\\nparagraph (e) of subdivision eight of this section. Amounts to be\\ndistributed shall be determined after consideration of amounts to be\\ndistributed from regional pools in accordance with paragraph (a) of\\nsubdivision sixteen of this section.\\n (b) Funds accumulated in the statewide financially distressed general\\nhospital account in the statewide pool, including income from invested\\nfunds, shall be distributed or retained in accordance with the following\\nmethodology:\\n (i) Funds in the statewide financially distressed general hospital\\naccount, including income from invested funds, shall be made available\\non a statewide basis for distribution by the commissioner in accordance\\nwith rules and regulations adopted by the council and approved by the\\ncommissioner to assist voluntary non-profit and private proprietary\\ngeneral hospitals experiencing severe fiscal hardship because of\\ninsufficient resources to finance losses resulting from bad debts and\\nthe costs of charity care, and to meet reasonable and necessary costs\\nrelated to securing financing of capital improvement projects for such\\ngeneral hospitals. Such losses and costs may include losses and costs\\nincurred prior to the year used in determining hospital need pursuant to\\nparagraph (e) of subdivision eight of this section. Amounts to be\\ndistributed shall be determined after consideration of amounts to be\\ndistributed from regional pools in accordance with subdivision sixteen\\nof this section and from the statewide bad debt and charity care account\\nin accordance with subparagraph (iii) of paragraph (a) of this\\nsubdivision. The commissioner, in accordance with rules and regulations\\nadopted by the council and approved by the commissioner, may allocate a\\nportion of the accumulated funds for the purpose of securing financing\\nof capital improvement projects for such general hospitals.\\n (ii) Any balance remaining in the statewide financially distressed\\ngeneral hospital account, including income from invested funds, not\\nincluding that portion of accumulated funds allocated for the purpose of\\nsecuring financing of capital improvement projects, after distribution\\nin accordance with subparagraph (i) of this paragraph shall be\\ndistributed to voluntary non-profit, private proprietary and public\\ngeneral hospitals, other than major public general hospitals, on a basis\\nrelated to need as defined in paragraph (e) of subdivision eight of this\\nsection.\\n (c) (i) Funds accumulated in the statewide transition account in the\\nstatewide pool, including income from invested funds, shall be\\ndistributed to voluntary non-profit, private proprietary and public\\ngeneral hospitals that have high percentages of gross revenue received\\nfrom payors whose rates and maximum charges are determined in accordance\\nwith this section compared to total gross revenue received. For purposes\\nof this subparagraph, major public general hospitals operated by the New\\nYork city health and hospitals corporation as established by chapter one\\nthousand sixteen of the laws of nineteen hundred sixty-nine as amended\\nshall be considered on a consolidated basis. Rules for such distribution\\nwill be those adopted by the state hospital review and planning council\\nand approved by the commissioner.\\n (ii) Any balance remaining in the statewide transition account,\\nincluding income from invested funds, after distribution in accordance\\nwith subparagraph (i) of this paragraph shall be distributed to\\nvoluntary non-profit, private proprietary and public general hospitals,\\nother than major public general hospitals, on a basis related to need as\\ndefined in paragraph (e) of subdivision eight of this section.\\n 25. Maximum distributions. No general hospital may receive in total\\nfrom the distributions made in accordance with paragraphs (a) and (c) of\\nsubdivision sixteen of this section and paragraph (a), subparagraph (ii)\\nof paragraph (b) and subparagraph (ii) of paragraph (c) of subdivision\\ntwenty-four of this section an amount which exceeds its need for\\nfinancing losses related to bad debts and the costs of charity care as\\ndefined in paragraph (e) of subdivision eight of this section.\\n 26. Undistributed funds. Any funds, including income from invested\\nfunds, remaining in the statewide pool after distributions in accordance\\nwith paragraphs (a), (b) and (c) of subdivision twenty-four of this\\nsection shall be distributed proportionately to voluntary non-profit,\\nprivate proprietary and public general hospitals, excluding major public\\ngeneral hospitals, on the basis of hospital specific assessments\\nsubmitted to the pool.\\n 27. Payment of assessments. Payments by or on behalf of general\\nhospitals of funds due for the bad debt and charity care assessments\\npursuant to subdivision twenty-three of this section shall be made on a\\ntime schedule established by the council, subject to the approval of the\\ncommissioner, by regulation. Upon receipt of notification from the\\ncommissioner, the comptroller or a fiscal intermediary designated by the\\ndirector of the budget shall withhold from the amount of any payment to\\nbe made by the state to a general hospital the amount of any arrearage\\nresulting from such general hospital's failure to make a timely payment\\nof the bad debt and charity care assessments. Upon withholding such\\namount, the comptroller or a designated fiscal intermediary shall pay\\nthe commissioner, or his designee, such amount withheld. Any general\\nhospital in arrears resulting from failure to make a timely payment\\nshall not be eligible for a distribution from the statewide pool in\\naccordance with subdivision twenty-four of this section until such\\narrearage is satisfied.\\n 28. Reimbursement rates. The assessments pursuant to subdivision\\ntwenty-three of this section shall not be an allowable cost in the\\ndetermination of general hospital inpatient reimbursement rates in\\naccordance with this section and section twenty-eight hundred seven of\\nthis chapter.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2807-BBB", "title" : "Health occupation development and workplace demonstration programs", "docType" : "SECTION", "publishedDates" : [ "2018-04-27", "2018-07-13" ], "docLevelId" : "2807-BBB", "activeDate" : "2018-07-13", "sequenceNo" : 1050, "repealedDate" : null, "fromSection" : "2807-BBB", "toSection" : "2807-BBB", "text" : " § 2807-bbb. Health occupation development and workplace demonstration\\nprograms. Subject to the availability of funds, the provisions of clause\\n(B) of subparagraph (iii) of paragraph (e) of subdivision one of section\\ntwenty-eight hundred seven-c of this article shall apply to diagnostic\\nand treatment centers.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2807-B", "title" : "Outstanding payments and reports due under subdivision eighteen of section twenty-eight hundred seven-c, sections twenty-eight hundred se...", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2807-B", "activeDate" : "2014-09-22", "sequenceNo" : 1051, "repealedDate" : null, "fromSection" : "2807-B", "toSection" : "2807-B", "text" : " § 2807-b. Outstanding payments and reports due under subdivision\\neighteen of section twenty-eight hundred seven-c, sections twenty-eight\\nhundred seven-d, twenty-eight hundred seven-j, twenty-eight hundred\\nseven-s and twenty-eight hundred seven-t of this article. 1. If there is\\na basis for estimating the amount of outstanding payments due in\\naccordance with subdivision eighteen of section twenty-eight hundred\\nseven-c of this article, and sections twenty-eight hundred seven-d,\\ntwenty-eight hundred seven-j, twenty-eight hundred seven-s and\\ntwenty-eight hundred seven-t of this article, the commissioner shall\\nbill applicable providers and payors for such payments, including any\\ninterest and penalties set forth in this article, no later than ninety\\ndays after each calendar quarter following enactment of this section.\\n 2. If there is no basis for estimating the amount of outstanding\\npayments due in accordance with subdivision eighteen of section\\ntwenty-eight hundred seven-c of this article, and sections twenty-eight\\nhundred seven-d, twenty-eight hundred seven-j, twenty-eight hundred\\nseven-s and twenty-eight hundred seven-t of this article, the\\ncommissioner shall notify applicable providers and payors of outstanding\\nreports and payments no later than ninety days after each calendar\\nquarter following the effective date of this section. Such notice shall\\ninclude information regarding any interest, penalties or other sanctions\\nwhich may be implemented in accordance with this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2807-C", "title" : "General hospital inpatient reimbursement for annual rate periods beginning on or after January first, nineteen hundred eighty-eight", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2014-11-28", "2015-04-10", "2015-04-17", "2015-05-01", "2016-04-22", "2017-04-28", "2018-04-20", "2018-05-04", "2019-04-19", "2020-04-17", "2021-04-23", "2021-08-13", "2022-04-22", "2022-12-30", "2023-02-17", "2023-05-12", "2023-06-23", "2024-04-26", "2024-10-04", "2025-01-03", "2025-05-16", "2026-05-29", "2026-06-05" ], "docLevelId" : "2807-C", "activeDate" : "2019-04-19", "sequenceNo" : 1052, "repealedDate" : null, "fromSection" : "2807-C", "toSection" : "2807-C", "text" : " § 2807-c. General hospital inpatient reimbursement for annual rate\\nperiods beginning on or after January first, nineteen hundred\\neighty-eight. 1. Payor payments. Payments to general hospitals for\\ninpatient hospital services provided to persons who are not eligible for\\npayments as beneficiaries of title XVIII of the federal social security\\nact (medicare) shall be determined pursuant to this section. Payor\\npayments shall be as follows unless an alternative reimbursement\\nmethodology is authorized in accordance with paragraph (e), (f), (g),\\n(h) or (i) of subdivision four of this section.\\n * (a) Payments to general hospitals for reimbursement of inpatient\\nhospital services provided to patients eligible for payments made by\\nstate governmental agencies for patients discharged prior to January\\nfirst, two thousand and on and after January first, two thousand; or for\\npatients discharged prior to January first, nineteen hundred\\nninety-seven provided in accordance with policies written by\\ncorporations organized and operating in accordance with article\\nforty-three of the insurance law, or payment by such a corporation on\\nbehalf of subscribers of a foreign corporation as described in paragraph\\n(d) of subdivision twelve of this section, which provide for\\nreimbursement on an expense incurred basis; or for patients discharged\\nprior to January first, nineteen hundred ninety-seven provided to\\nsubscribers of organizations operating in accordance with the provisions\\nof article forty-four of this chapter, shall be case based payments per\\ndischarge, for each diagnosis-related group established in accordance\\nwith paragraph (a) of subdivision three of this section, and shall\\ninclude:\\n (i) a reimbursable inpatient operating cost component determined in\\naccordance with subdivision five of this section;\\n (ii) capital related inpatient expenses determined in accordance with\\nsubdivision eight of this section;\\n (iii) for patients discharged prior to January first, nineteen hundred\\nninety-seven (A) a bad debt and charity care allowance determined in\\naccordance with subdivision fourteen of this section, (B) a general\\nhealth care services allowance determined in accordance with subdivision\\nfourteen-b of this section, and (C) a bad debt and charity care\\nallowance for financially distressed hospitals determined in accordance\\nwith subdivision fourteen-c of this section;\\n (iv) a projection of reimbursable inpatient operating costs to the\\nrate year by the trend factor determined in accordance with subdivision\\nten of this section; and\\n (v) adjustments for any modifications to the case payments determined\\nin accordance with paragraph (a), (b), (c) or (d) of subdivision four of\\nthis section.\\n * NB Effective until December 31, 2020\\n * (a) Payments to general hospitals for reimbursement of inpatient\\nhospital services provided to patients eligible for payments made by\\nstate governmental agencies; or provided in accordance with policies\\nwritten by corporations organized and operating in accordance with\\narticle forty-three of the insurance law, or payment by such a\\ncorporation on behalf of subscribers of a foreign corporation as\\ndescribed in paragraph (d) of subdivision twelve of this section, which\\nprovide for reimbursement on an expense incurred basis; or provided to\\nsubscribers of organizations operating in accordance with the provisions\\nof article forty-four of this chapter, shall be case based payments per\\ndischarge, for each diagnosis-related group established in accordance\\nwith paragraph (a) of subdivision three of this section, and shall\\ninclude:\\n (i) a reimbursable inpatient operating cost component determined in\\naccordance with subdivision five of this section;\\n (ii) capital related inpatient expenses determined in accordance with\\nsubdivision eight of this section;\\n (iii) (A) a bad debt and charity care allowance determined in\\naccordance with subdivision fourteen of this section, (B) a general\\nhealth care services allowance determined in accordance with subdivision\\nfourteen-b of this section, and (C) a bad debt and charity care\\nallowance for financially distressed hospitals determined in accordance\\nwith subdivision fourteen-c of this section;\\n (iv) a projection of reimbursable inpatient operating costs to the\\nrate year by the trend factor determined in accordance with subdivision\\nten of this section; and\\n (v) adjustments for any modifications to the case payments determined\\nin accordance with paragraph (a), (b), (c) or (d) of subdivision four of\\nthis section.\\n * NB Effective December 31, 2020\\n * (a-1) Payments made by local governmental agencies to general\\nhospitals for reimbursement of inpatient hospital services provided to\\ninmates of local correctional facilities as defined in subdivision\\nsixteen of section two of the correction law shall be at the rates of\\npayment determined pursuant to this section for state governmental\\nagencies, excluding adjustments pursuant to subdivision fourteen-f of\\nthis section.\\n * NB Effective until December 31, 2020\\n * (a-1) Payments made by local governmental agencies to general\\nhospitals for reimbursement of inpatient hospital services provided to\\ninmates of local correctional facilities as defined in subdivision\\nsixteen of section two of the correction law shall be at the rates of\\npayment determined pursuant to this section for state governmental\\nagencies.\\n * NB Effective December 31, 2020\\n * (a-2) (i) With the exception of those enrollees covered under a\\npayment rate methodology agreement negotiated with a general hospital,\\npayments for inpatient hospital services provided to patients eligible\\nfor medical assistance pursuant to title eleven of article five of the\\nsocial services law made by organizations operating in accordance with\\nthe provisions of article forty-four of this chapter or by health\\nmaintenance organizations organized and operating in accordance with\\narticle forty-three of the insurance law shall be the rates of payment\\nthat would be paid for such patients under the medical assistance\\nprogram, (i) determined pursuant to this section, excluding adjustments\\npursuant to subdivision fourteen-f of this section, and (ii) excluding\\nmedical education costs that are reimbursed directly to the general\\nhospital in accordance with paragraph (a-3) of this subdivision.\\n (ii) Effective July first, two thousand seven, with the exception of\\nthose enrollees covered under a payment rate methodology agreement\\nnegotiated with a general hospital, payment for inpatient hospital\\nservices provided to patients enrolled in the child health insurance\\nprogram pursuant to title one-A of article twenty-five of this chapter\\nmade by organizations operating in accordance with the provisions of\\narticle forty-four of this chapter or by health maintenance\\norganizations organized and operating in accordance with article\\nforty-three of the insurance law shall be the rates of payment that\\nwould be paid under the medical assistance program determined pursuant\\nto this section, excluding adjustments pursuant to subdivision\\nfourteen-f of this section.\\n * NB Expires December 31, 2020\\n * (a-3) Notwithstanding any inconsistent provision of law:\\n (i) the commissioner shall establish, subject to the approval of the\\ndirector of the budget, discrete rates of payment for general hospitals\\nfor the period July first, nineteen hundred ninety-six through December\\nthirty-first, nineteen hundred ninety-nine and periods on and after\\nJanuary first, two thousand for payments under the medical assistance\\nprogram pursuant to title eleven of article five of the social services\\nlaw for persons eligible for medical assistance who are enrolled in\\nhealth maintenance organizations and for payments under the family\\nhealth plus program for persons enrolled in approved organizations\\npursuant to title eleven-D of article five of the social services law\\nbased on the components of rates of payment established pursuant to this\\nsection for persons eligible for medical assistance who are not enrolled\\nin health maintenance organizations for a general hospital for such rate\\nperiod that reflect the estimated reimbursable costs of direct medical\\neducation expenses and indirect medical education expenses in the\\ndetermination of:\\n (A) the hospital-specific average reimbursable inpatient operating\\ncost per discharge pursuant to subdivision six of this section, and\\n (B) group category average inpatient reimbursable operating cost per\\ndischarge pursuant to subdivision seven of this section, and\\n (C) the operating cost component of rates of payment pursuant to\\nparagraphs (f) and (k) of subdivision four of this section, and\\n (D) the operating cost component of rates of payment in accordance\\nwith paragraphs (e), (g) and (i) of subdivision four of this section for\\ngeneral hospitals or distinct units of general hospitals not reimbursed\\non the basis of case based payments per discharge; and\\n (E) notwithstanding clauses (A) through (D) of this subparagraph, for\\nperiods on and after December first, two thousand nine, the operating\\ncost component of rates of payment subject to subdivision thirty-five of\\nthis section, and\\n (F) notwithstanding clauses (A) through (D) of this subparagraph, for\\nperiods on and after December first, two thousand nine, the operating\\ncost component of rates of payment subject to paragraphs (e-1), (e-2)\\nand (1) of subdivision four of this section for general hospitals or\\ndistinct units of general hospitals not reimbursed on the basis of case\\nbased payments per discharge; and\\n (ii) such rates of payment may be established by the commissioner on\\nany appropriate payment basis, including a case mix adjusted per\\ndischarge basis.\\n * NB Expires December 31, 2020\\n * (b) For patients discharged prior to January first, nineteen hundred\\nninety-seven, payments to general hospitals for reimbursement of\\ninpatient hospital services provided to patients eligible for payments\\npursuant to the comprehensive motor vehicle insurance reparations act;\\nor enrolled in a self-insured fund which provides for reimbursement\\ndirectly to general hospitals on an expense incurred basis, with the\\nexception of those enrollees covered under a payment rate methodology\\nagreement in accordance with the provisions of paragraph (a) of\\nsubdivision two of this section; or insured under a commercial insurer\\nlicensed to do business in this state and authorized to write accident\\nand health insurance and whose policy provides inpatient hospital\\ncoverage on an expense incurred basis; or receiving inpatient hospital\\nservices pursuant to an out-of-plan benefits system authorized pursuant\\nto section four thousand four hundred six of this chapter, except where\\nsuch out-of-plan, inpatient hospital services are offered by an\\norganization organized pursuant to the not-for-profit corporation law or\\nwhich meets the qualifications of section 501(c) of the internal revenue\\ncode, shall be case based payments per discharge, for each\\ndiagnosis-related group established in accordance with paragraph (a) of\\nsubdivision three of this section, and equal to the case payments to\\ngeneral hospitals provided in accordance with paragraph (a) of this\\nsubdivision for services provided to subscribers of corporations\\norganized and operating in accordance with article forty-three of the\\ninsurance law, adjusted for uncovered services, and increased by\\nthirteen percent or, for payments pursuant to the workers' compensation\\nlaw, the volunteer firefighters' benefit law and the volunteer ambulance\\nworkers' benefit law, increased by five percent. Funds received by a\\ngeneral hospital based on the payment differential applied pursuant to\\nthis paragraph shall be hospital funds for patient care purposes.\\nWithout due cause general hospitals shall not refuse to accept direct\\npayments from a payor who would otherwise be eligible to reimburse\\nhospitals for inpatient services on a case based payment per discharge\\nin accordance with this subdivision.\\n (b-1) (i) For patients discharged on and after January first, nineteen\\nhundred ninety-seven and prior to January first, two thousand and on and\\nafter January first, two thousand, payments to general hospitals for\\nreimbursement of inpatient hospital services provided to patients\\neligible for payments pursuant to the workers' compensation law, the\\nvolunteer firefighters' benefit law, the volunteer ambulance workers'\\nbenefit law, and the comprehensive motor vehicle insurance reparations\\nact shall be at the rates of payment determined pursuant to this section\\nfor state governmental agencies, excluding adjustments pursuant to\\nsubdivision fourteen-f of this section and subdivision thirty-three of\\nthis section, excluding such further reductions to such payments as are\\nenacted as part of the state budget for the state fiscal year commencing\\nApril first, two thousand ten and excluding such further reductions to\\nsuch payments as are enacted as part of the state budget for state\\nfiscal years commencing on and after April first, two thousand eleven.\\n (ii) The provisions of paragraph (d) of subdivision eleven of this\\nsection shall continue to apply to such payors for payments determined\\npursuant to this paragraph.\\n (b-2) A payor included in the payor categories specified in paragraph\\n(a) or (b-1) of this subdivision shall not be provided the option of\\npayment to a general hospital for inpatient services based on the lower\\nof hospital charges or the case based payment per discharge determined\\nin accordance with this section for a patient or apportioning the\\nappropriate case based payment per discharge for a patient by excluding\\npayment for a preexisting condition or acquired condition which has to\\nbe treated along with the reason for the admission or, except as may\\naffect qualification for payments in accordance with paragraph (b) or\\n(d) of subdivision four of this section, for days within the inlier stay\\ndetermined to be medically unnecessary.\\n * NB Effective until December 31, 2020\\n * (b) Payments to general hospitals for reimbursement of inpatient\\nhospital services provided to patients eligible for payments pursuant to\\nthe comprehensive motor vehicle insurance reparations act; or enrolled\\nin a self-insured fund which provides for reimbursement directly to\\ngeneral hospitals on an expense incurred basis, with the exception of\\nthose enrollees covered under a payment rate methodology agreement in\\naccordance with the provisions of paragraph (a) of subdivision two of\\nthis section; or insured under a commercial insurer licensed to do\\nbusiness in this state and authorized to write accident and health\\ninsurance and whose policy provides inpatient hospital coverage on an\\nexpense incurred basis; or receiving inpatient hospital services\\npursuant to an out-of-plan benefits system authorized pursuant to\\nsection four thousand four hundred six of this chapter, except where\\nsuch out-of-plan, inpatient hospital services are offered by an\\norganization organized pursuant to the not-for-profit corporation law or\\nwhich meets the qualifications of section 501 (c) of the internal\\nrevenue code, shall be case based payments per discharge, for each\\ndiagnosis-related group established in accordance with paragraph (a) of\\nsubdivision three of this section, and equal to the case payments to\\ngeneral hospitals provided in accordance with paragraph (a) of this\\nsubdivision for services provided to subscribers of corporations\\norganized and operating in accordance with article forty-three of the\\ninsurance law, adjusted for uncovered services, and increased by\\nthirteen percent or, for payments pursuant to the workers' compensation\\nlaw, the volunteer firefighters' benefit law and the volunteer ambulance\\nworkers' benefit law, increased by five percent. Funds received by a\\ngeneral hospital based on the payment differential applied pursuant to\\nthis paragraph shall be hospital funds for patient care purposes.\\nWithout due cause general hospitals shall not refuse to accept direct\\npayments from a payor who would otherwise be eligible to reimburse\\nhospitals for inpatient services on a case based payment per discharge\\nin accordance with this subdivision. A payor included in the payor\\ncategories specified in this paragraph or in paragraph (a) of this\\nsubdivision shall not be provided the option of payment to a general\\nhospital for inpatient services based on the lower of hospital charges\\nor the case based payment per discharge determined in accordance with\\nthis section for a patient or apportioning the appropriate case based\\npayment per discharge for a patient by excluding payment for a\\npreexisting condition or acquired condition which has to be treated\\nalong with the reason for the admission or, except as may affect\\nqualification for payments in accordance with paragraph (b) or (d) of\\nsubdivision four of this section, for days within the inlier stay\\ndetermined to be medically unnecessary.\\n * NB Effective December 31, 2020\\n * (c) Charge based payments. For patients discharged prior to January\\nfirst, nineteen hundred ninety-seven, payments to general hospitals for\\nreimbursement of inpatient hospital services provided to those for whom\\na case based payment per discharge system is not authorized by paragraph\\n(a) or (b) of this subdivision, or who are not covered under the\\nprovisions of paragraph (a) of subdivision two of this section, shall be\\non the basis of the hospital's charges; provided, however, for these\\npatients the definition of a short stay patient pursuant to paragraph\\n(d) of subdivision four of this section shall apply, and reimbursement\\nto hospitals for such patients shall be at payments developed in\\naccordance with paragraph (d) of subdivision four of this section,\\nincreased by thirteen percent. The maximum amount to be charged to any\\ncharge paying patient for a case shall be one hundred twenty percent of\\nthe case based payment per discharge as determined under paragraph (b)\\nof this subdivision for the diagnosis-related group with which the\\npatient is identified. Each general hospital shall establish a charge\\nschedule and inpatient charges from this schedule shall be applied\\nuniformly for all inpatient charge based payments made in accordance\\nwith this section.\\n * NB Effective until December 31, 2020\\n * (c) Charge based payments. Payments to general hospitals for\\nreimbursement of inpatient hospital services provided to those for whom\\na case based payment per discharge system is not authorized by paragraph\\n(a) or (b) of this subdivision, or who are not covered under the\\nprovisions of paragraph (a) of subdivision two of this section, shall be\\non the basis of the hospital's charges; provided, however, for these\\npatients the definition of a short stay patient pursuant to paragraph\\n(d) of subdivision four of this section shall apply, and reimbursement\\nto hospitals for such patients shall be at payments developed in\\naccordance with paragraph (d) of subdivision four of this section,\\nincreased by thirteen percent. The maximum amount to be charged to any\\ncharge paying patient for a case shall be one hundred twenty percent of\\nthe case based payment per discharge as determined under paragraph (b)\\nof this subdivision for the diagnosis-related group with which the\\npatient is identified. Each general hospital shall establish a charge\\nschedule and inpatient charges from this schedule shall be applied\\nuniformly for all inpatient charge based payments made in accordance\\nwith this section.\\n * NB Effective December 31, 2020\\n (d) The components of rates of payment calculated in accordance with\\nthis section related to inpatient operating costs shall be based on\\ngeneral hospital reimbursable inpatient operating costs used in\\ndetermining payments for services pursuant to section twenty-eight\\nhundred seven-a of this article during the rate period January first,\\nnineteen hundred eighty-seven through December thirty-first, nineteen\\nhundred eighty-seven (or for a distinct unit of a general hospital\\nexcluded from case based payments pursuant to paragraph (e) or (g) of\\nsubdivision four of this section such distinct unit reimbursable\\ninpatient operating costs), excluding inpatient operating costs related\\nto services provided to beneficiaries of title XVIII of the federal\\nsocial security act (medicare) in accordance with paragraph (g) of\\nsubdivision eleven of this section and adjusted to reflect the\\nannualized cost impact of rate revisions or adjustments, including the\\nvolume adjustment and case mix adjustment for the nineteen hundred\\neighty-seven rate period, made with respect to such services, which\\nshall be defined as a general hospital's or distinct unit's reimbursable\\ninpatient operating cost base; a projection to the nineteen hundred\\neighty-eight rate period by the trend factor determined in accordance\\nwith subdivision ten of this section; and an increase to reflect special\\nadditional inpatient operating costs determined and allocated in\\naccordance with paragraph (e) of this subdivision.\\n (e) General hospital special additional inpatient operating costs\\nshall be determined and allocated among general hospitals in accordance\\nwith subparagraphs (i), (iii) and (iv) of this paragraph. For purposes\\nof computing group category average inpatient reimbursable operating\\ncosts in accordance with paragraph (a) of subdivision seven of this\\nsection and an equivalent cost component for general hospitals that are\\nexcluded from the case based payment per diagnosis-related group system\\nin accordance with paragraph (e) or (g) of subdivision four of this\\nsection special additional inpatient operating costs shall include an\\nadditional increase determined and allocated among general hospitals in\\naccordance with subparagraph (ii) of this paragraph.\\n (i) The total cost increases pursuant to this subparagraph for all\\ngeneral hospitals shall in the aggregate be one hundred thirty million\\ndollars for the nineteen hundred eighty-eight rate period to reflect\\nnineteen hundred eighty-five costs incurred in excess of the trend\\nfactor between nineteen hundred eighty-one and nineteen hundred\\neighty-five, such cost increases to be projected from nineteen hundred\\neighty-eight to subsequent annual rate periods by the applicable trend\\nfactor, and shall be allocated among general hospitals in accordance\\nwith the following methodology:\\n Five hundred dollars per bed shall be allocated to costs of each\\ngeneral hospital based on the total number of inpatient beds for which\\nthe hospital is certified pursuant to the operating certificate issued\\nfor such general hospital in accordance with section twenty-eight\\nhundred five of this article in effect on January first, nineteen\\nhundred eighty-eight.\\n A factor of one quarter of one percent of a general hospital's\\nreimbursable inpatient operating cost base as defined in paragraph (d)\\nof this subdivision, trended through nineteen hundred eighty-eight,\\nshall be allocated to costs of general hospitals for technology advances\\nand a further one quarter of one percent of such costs shall be\\nallocated to costs of general hospitals for increased activities related\\nto quality assurance and patient discharge planning.\\n The balance of one hundred thirty million dollars after deducting the\\ndollar value of the per bed cost enhancement and the dollar value of the\\npercentage cost enhancements shall be allocated to costs of general\\nhospitals based on the ratio of each general hospital's nineteen hundred\\neighty-five cost incurred in excess of the trend factor between nineteen\\nhundred eighty-one and nineteen hundred eighty-five in the following\\ndiscrete areas, summed, to the total sum of such cost over trend of all\\ngeneral hospitals applied to such balance: malpractice insurance costs,\\ninfectious and other waste disposal costs, water charges, direct medical\\neducation expenses, working capital interest costs of hospitals that\\nqualified for distributions made in accordance with paragraph (b) of\\nsubdivision sixteen of section twenty-eight hundred seven-a of this\\narticle, costs of distinct psychiatric units excluded from case based\\npayments per diagnosis-related group, and ambulance costs. For purposes\\nof this subparagraph, nineteen hundred eighty-five cost incurred in\\nexcess of the trend factor between nineteen hundred eighty-one and\\nnineteen hundred eighty-five shall be calculated for each such discrete\\narea based on a general hospital's inpatient operating costs for the\\nfiscal year ending in nineteen hundred eighty-five, after excluding\\ninpatient operating costs related to services provided to beneficiaries\\nof title XVIII of the federal social security act (medicare), for such\\ndiscrete area in excess of the hospital's comparable component of\\nreimbursable inpatient operating costs for its fiscal year ending in\\nnineteen hundred eighty-one, after excluding inpatient operating costs\\nrelated to services provided to beneficiaries of title XVIII of the\\nfederal social security act (medicare), trended through nineteen hundred\\neighty-five by the appropriate component of the trend factors and\\nadjusted to reflect approved decreases or increases in inpatient\\noperating costs resulting from all rate adjustments.\\n (ii) The total additional cost increases pursuant to this subparagraph\\nfor all general hospitals shall in the aggregate be forty million\\ndollars for the nineteen hundred eighty-eight rate period, such\\nadditional cost increases to be projected from nineteen hundred\\neighty-eight to the rate period by the applicable trend factor, to be\\nallocated among general hospitals in accordance with the following\\nmethodology:\\n The additional increase of forty million dollars shall be allocated to\\ncosts of general hospitals that are included in group categories\\nestablished pursuant to paragraph (b) of subdivision seven of this\\nsection based on the ratio of the nineteen hundred eighty-eight\\nintermediate group operating costs of each such general hospital, and to\\ncosts of general hospitals that are excluded from the case based payment\\nper diagnosis-related group system in accordance with paragraph (e) or\\n(g) of subdivision four of this section based on the ratio of the\\nnineteen hundred eighty-eight intermediate operating costs of each such\\ngeneral hospital, to the total sum of such intermediate group operating\\ncosts and intermediate operating costs applied to the forty million\\ndollars. For purposes of this subparagraph, intermediate group operating\\ncosts of a general hospital shall be calculated in accordance with rules\\nand regulations adopted by the council and approved by the commissioner\\nbased on the reimbursable inpatient operating cost base determined in\\naccordance with paragraph (d) of this subdivision of such general\\nhospital; adjusted to exclude operating costs related to specialized\\nhospital services for which an alternative reimbursement methodology is\\nadopted pursuant to paragraph (e) or (g) or, if effective, (i) of\\nsubdivision four of this section; and trended to the nineteen hundred\\neighty-eight rate period by the trend factor determined in accordance\\nwith subdivision ten of this section; and increased to reflect special\\nadditional inpatient operating costs determined and allocated in\\naccordance with subparagraph (i) of this paragraph; and adjusted to\\nexclude a factor for operating costs of patients who required an\\nalternate level of care in accordance with paragraph (h) of subdivision\\nfour of this section; and adjusted to exclude the components of the\\ntrended reimbursable inpatient operating cost base related to education,\\nphysician, ambulance services and organ acquisition costs determined in\\naccordance with subparagraphs (i), (iii) and (iv) of paragraph (c) of\\nsubdivision seven of this section and malpractice insurance costs, and\\nthe components of special additional inpatient operating costs\\ndetermined and allocated in accordance with subparagraph (i) of this\\nparagraph associated with cost increases in such costs. For purposes of\\nthis subparagraph, intermediate operating costs of a general hospital\\nexcluded from the case based payment per diagnosis-related group system\\nshall be calculated in accordance with rules and regulations adopted by\\nthe council and approved by the commissioner based on the reimbursable\\ninpatient operating cost base determined in accordance with paragraph\\n(d) of this subdivision of such general hospital; trended to the\\nnineteen hundred eighty-eight rate period by the trend factor determined\\nin accordance with subdivision ten of this section; and increased to\\nreflect special additional inpatient operating costs determined and\\nallocated in accordance with subparagraph (i) of this paragraph; and\\nadjusted to exclude a factor for operating costs of patients who\\nrequired an alternate level of care developed consistent with the\\nprovisions of paragraph (h) of subdivision four of this section; and\\nadjusted to exclude the components of the trended reimbursable inpatient\\noperating cost base related to education, physician, ambulance services\\nand organ acquisition costs determined consistent with the provisions of\\nsubparagraphs (i), (iii) and (iv) of paragraph (c) of subdivision seven\\nof this section and malpractice insurance costs, and the components of\\nspecial additional inpatient operating costs determined and allocated in\\naccordance with subparagraph (i) of this paragraph associated with cost\\nincreases in such costs.\\n (iii) Cost increases pursuant to this subparagraph shall be made for\\nthe nineteen hundred ninety-one rate period to reflect cost increases\\nincurred in excess of the trend factor and not included in the costs\\nused in determining payments in accordance with paragraph (d) of this\\nsubdivision and subparagraphs (i) and (ii) of this paragraph. Such costs\\nshall in the aggregate be three hundred twenty-nine million dollars\\nexclusive of costs related to services provided to beneficiaries of\\ntitle XVIII of the federal social security act (medicare). Such costs\\nincreases shall be projected from nineteen hundred ninety-one to\\nsubsequent annual rate periods by the applicable trend factor, and shall\\nbe allocated among general hospitals, except those general hospitals\\nwhose base year for determining payments for services in such facilities\\nis nineteen hundred eighty-seven, in accordance with the following\\nmethodology:\\n (A) Up to two hundred twenty-two million dollars shall be allocated\\nfor labor adjustments. If the total of the adjustments is less than two\\nhundred twenty-two million dollars, then the adjustments shall be fully\\nfunded. If the total of the adjustments is more than two hundred\\ntwenty-two million dollars, then the adjustment specified in accordance\\nwith item (II) of this clause shall be funded at the lower of twenty\\npercent of the total amount allocated for labor adjustments or its\\nproportional share of the labor adjustments unless the labor adjustment\\nspecified in item (I) of this clause is less than eighty percent of the\\ntotal amount allocated for labor adjustments in which case the\\nadjustment specified in item (II) of this clause shall be equal to the\\ndifference between two hundred twenty-two million dollars and the total\\namount of the adjustment specified in item (I) of this clause.\\n (I) A portion of the amount allocated for labor adjustments shall be\\nfor labor cost increases related to registered nurses' salaries and\\nfringes (twenty percent of salaries) and an add-on for the ripple effect\\non other health care professionals of at least thirty-five percent. Such\\nadjustment shall cover both inpatient and outpatient cost incurred,\\nbased on costs reported in a survey conducted by the department for the\\nperiod January first, nineteen hundred ninety through June thirtieth,\\nnineteen hundred ninety on forms specified by the commissioner and\\nreceived by the department no later than November first, nineteen\\nhundred ninety, annualized, in excess of nineteen hundred eighty-five\\nlabor costs related to registered nurses' salaries and fringes trended\\nto nineteen hundred ninety and the nineteen hundred eighty-eight\\nstatewide nurse salary adjustment trended to nineteen hundred ninety by\\nthe appropriate components of the trend factors adjusted to reflect the\\neffect of the annualization of nineteen hundred ninety data and the\\nresult trended to nineteen hundred ninety-one and shall be based\\nexclusively on regional experience. Such regional adjustment shall not\\nbe less than zero. Each individual hospital within a region shall\\nreceive a portion of the regional adjustment equal to its share of the\\ntotal inpatient and outpatient reimbursable operating costs for the\\nregion excluding costs related to services provided to beneficiaries of\\ntitle XVIII of the federal social security act (medicare) and excluding\\ndirect medical education costs.\\n (II) A portion of the amount allocated for labor adjustments shall be\\nfor personnel costs other than those related to registered nurses'\\nsalaries and fringes and the ripple effect on other health care\\nprofessionals. Such adjustment shall cover both inpatient and outpatient\\ncosts incurred, based on costs reported in a survey conducted by the\\ndepartment for the period January first, nineteen hundred ninety through\\nJune thirtieth, nineteen hundred ninety on forms specified by the\\ncommissioner and received by the department no later than November\\nfirst, nineteen hundred ninety, annualized, in excess of nineteen\\nhundred eighty-five personnel costs covered by this adjustment trended\\nto nineteen hundred ninety and the annualized rate adjustments approved\\nin nineteen hundred eighty-nine for personnel costs covered by this\\nadjustment for increased hospital costs to meet additional state\\nrequirements that became effective July first, nineteen hundred\\neighty-nine trended to nineteen hundred ninety by the appropriate\\ncomponents of the trend factors adjusted to reflect the effect of the\\nannualization of nineteen hundred ninety data and the result trended to\\nnineteen hundred ninety-one and shall be based exclusively on regional\\ndata.\\n (III) In the event that federal financial participation in payments\\nmade for beneficiaries eligible for medical assistance under title XIX\\nof the federal social security act based upon the allocation and\\nadjustment specified in items (I) and (II) of this clause related to\\noutpatient costs as a component of such payments is not approved by the\\nfederal government then such outpatient costs shall not be considered in\\ncalculating such adjustment.\\n (B) Health personnel development.\\n Four million five hundred thousand dollars shall be allocated for\\nlabor adjustments to be made available for health occupation development\\nand workplace demonstration programs authorized pursuant to section\\ntwenty-eight hundred seven-h of this article. The commissioner is\\ndirected to make rate adjustments subject to the approval of the\\ndirector of the budget to cover the cost of such programs, which shall\\nbe made available for the duration of such programs.\\n (C) Thirty-three million dollars shall be allocated for technology\\nadvances and changes in medical practice. A fixed amount per bed shall\\nbe allocated to the costs of each general hospital based on the total\\nnumber of inpatient beds for which the general hospital is certified\\npursuant to the operating certificate issued for such general hospital\\nin accordance with section twenty-eight hundred five of this article in\\neffect on June thirtieth, nineteen hundred ninety.\\n (D) Thirty-four million dollars shall be allocated to those general\\nhospitals providing comprehensive health care to the communities they\\nserve as determined by the commissioner pursuant to regulations approved\\nby the council. Comprehensive health care includes providing and/or\\naccommodating patients' health care needs at the appropriate levels and\\nsettings of care, and reaches outside of traditional inpatient services\\nto outpatient and other services. Factors to be considered in deciding\\nwhich general hospitals are providing comprehensive health care and the\\nsize of the adjustment shall include but not be limited to: clinic and\\nemergency room volume compared to inpatient volume (measured using total\\nvolume and/or volume related to medicaid and medically indigent\\npatients); number and type of clinic services offered; availability of\\nservices; whether the general hospital is an AIDS designated center,\\nprenatal care assistance program provider, home health care provider,\\ntrauma center, burn center; whether the general hospital offers neonatal\\nintensive care services, dialysis services, birthing center backup\\nagreements, AIDS outpatient programs, specific mental health, drug and\\nalcohol programs including outpatient and emergency services and those\\ndesignated pursuant to section 9.39 of the mental hygiene law; and\\nwhether the general hospital's emergency room is designated as a 911\\nreceiving hospital. In the event that federal financial participation in\\npayments made for beneficiaries eligible for medical assistance under\\ntitle XIX of the federal social security act based upon the adjustment\\nspecified in this clause as a component of such payments is not approved\\nby the federal government because of the inclusion of outpatient\\nservices then such outpatient services shall not be considered in\\ncalculating such adjustment. If such exclusion results in the allocation\\nfor this adjustment not being spent, then any unspent portion shall be\\nreallocated to further fund the adjustments specified in clauses (D) and\\n(E) of this subparagraph in the same proportion as their original\\nfunding.\\n (E)(I) Twenty-six million dollars shall be allocated to the costs of\\ngeneral hospitals based on the ratio of each general hospital's nineteen\\nhundred eighty-nine cost incurred in excess of the trend factor between\\nnineteen hundred eighty-five and nineteen hundred eighty-nine in the\\ncertain discrete areas, summed, to the total sum of such cost over trend\\nof all general hospitals applied to the total funds under this\\nallocation. Such discrete cost areas shall include but not be limited\\nto: infectious and other waste disposal costs, universal precautions,\\nworking capital interest costs, costs for asbestos removal, costs of low\\nosmolality contrast media, malpractice costs, water and sewer charges,\\nambulance costs and costs related to designation as a trauma center. For\\npurposes of this clause, nineteen hundred eighty-nine cost incurred in\\nexcess of the trend factor between nineteen hundred eighty-five and\\nnineteen hundred eighty-nine shall be calculated for each such discrete\\narea based on a general hospital's inpatient operating costs for the\\nfiscal year ending in nineteen hundred eighty-nine, after excluding\\ninpatient operating costs related to services provided to beneficiaries\\nof title XVIII of the federal social security act (medicare), for such\\ndiscrete area in excess of the hospital's comparable component of\\nreimbursable inpatient operating costs for its fiscal year ending in\\nnineteen hundred eighty-five, after excluding inpatient operating costs\\nrelated to services provided to beneficiaries of title XVIII of the\\nfederal social security act (medicare), trended through nineteen hundred\\neighty-nine by the appropriate component of the trend factors and\\nadjusted to reflect approved decreases or increases in inpatient\\noperating costs resulting from all rate adjustments.\\n (II) Any funds allocated under this clause and not distributed\\npursuant to item (I) of this clause shall be allocated for the\\nfollowing: to reimburse for a portion of the cost increases incurred\\nabove the trend factor between nineteen hundred eighty-one and nineteen\\nhundred eighty-five for those discrete cost areas specified in the last\\nparagraph of subparagraph (i) of paragraph (e) of this subdivision as\\nadded by chapter two of the laws of nineteen hundred eighty-eight and\\nnot reimbursed in accordance with such paragraph. Such funds shall be\\nallocated to general hospitals in the same manner as specified in such\\nparagraph.\\n (F) Seven million two hundred thousand dollars shall be allocated to\\naccount for the increase in the number of patients admitted through the\\nemergency room and the high costs of treating such patients which has\\nresulted in an increase in severity within diagnosis related groups.\\nSuch funds shall be allocated to general hospitals based on the nineteen\\nhundred eighty-nine hospital-specific data on increased admissions\\nthrough the emergency room since nineteen hundred eighty-one, excluding\\nthose admissions related to providing services to beneficiaries of title\\nXVIII of the federal social security act (medicare).\\n (G) Two hundred fifty dollars per bed shall be allocated to the costs\\nof each general hospital having two hundred or less certified acute care\\nbeds and classified as a rural hospital for purposes of determining\\npayment for inpatient acute care services provided to beneficiaries of\\ntitle XVIII of the federal social security act (medicare) or under state\\nregulations, for recruiting and retaining health care personnel, based\\non the total number of inpatient acute care beds for which such general\\nhospital is certified pursuant to the operating certificate issued for\\nsuch general hospital in accordance with section twenty-eight hundred\\nfive of this article in effect on June thirtieth, nineteen hundred\\nninety.\\n (H) One million dollars shall be allocated to assist general hospitals\\ninvolved in a merger, acquisition, or consolidation in meeting the costs\\nassociated with such merger, acquisition, or consolidation on or after\\nJanuary first, nineteen hundred ninety-one. The commissioner shall make\\nrate adjustments for such allocations.\\n (I) Five hundred thousand dollars shall be allocated for a\\npractitioner placement program to assist general hospitals in the\\nplacement of physicians and other health care practitioners to practice\\nprimary health care and/or dentistry in underserved areas, to serve the\\nmedically needy, and including services with affiliated community based\\nproviders. The commissioner shall make rate adjustments for such\\nallocations. Notwithstanding any inconsistent provision of this\\nsubdivision, this clause shall not apply in rate periods commencing on\\nor after January first, nineteen hundred ninety-four.\\n (iv) Cost increases pursuant to this subparagraph shall be made for\\nthe nineteen hundred ninety-four rate period to reflect cost increases\\nincurred in excess of the trend factor and not included in the costs\\nused in determining payments in accordance with paragraph (d) of this\\nsubdivision and subparagraphs (i), (ii) and (iii) of this paragraph.\\nSuch costs shall in the aggregate be one hundred seventy-three million\\ndollars exclusive of costs related to services provided to beneficiaries\\nof title XVIII of the federal social security act (medicare). Such cost\\nincreases shall be projected from nineteen hundred ninety-four to\\nsubsequent annual rate periods by the applicable trend factor, and shall\\nbe allocated among general hospitals in accordance with the following\\nmethodology:\\n (A) Forty-six million dollars shall be allocated to the costs of\\ngeneral hospitals for treating tuberculosis patients. Each general\\nhospital shall receive a portion of this total equal to its share of the\\nstatewide total of inpatient tuberculosis discharges based on the most\\nrecent twelve month period for which data is available.\\n (B) Sixty-three million dollars shall be allocated for labor\\nadjustments in accordance with the following methodology:\\n (I) Fifty-five million dollars shall be for labor cost increases\\nincurred prior to June thirtieth, nineteen hundred ninety-three. Each\\ngeneral hospital shall receive a portion of this total equal to its\\nshare of the statewide total of inpatient and outpatient reimbursable\\noperating costs based on nineteen hundred ninety data excluding costs\\nrelated to services provided to beneficiaries of title XVIII of the\\nfederal social security act (medicare) and excluding direct medical\\neducation costs.\\n (II) Eight million dollars of the amount to be allocated for labor\\nadjustments pursuant to this clause shall be distributed to general\\nhospitals located in the counties of Ulster, Sullivan, Orange, Dutchess,\\nPutnam, Rockland, Columbia, Delaware and Westchester, to account for\\nprior disproportionate increases in unreimbursed labor costs. Each\\nindividual hospital shall receive a portion of the eight million dollars\\nequal to its share of the total inpatient and outpatient reimbursable\\noperating costs based on nineteen hundred ninety data for all hospitals\\nlocated in the above-referenced counties excluding costs related to\\nservices provided to beneficiaries of title XVIII of the federal social\\nsecurity act (medicare) and excluding direct medical education costs.\\n (C) Fifty-five million dollars shall be allocated to the costs of\\nincreased activities related to regulatory compliance, universal\\nprecautions and infection control related to AIDS, tuberculosis, and\\nother infectious diseases, including the training of employees with\\nregard to infection control, and for infectious and other waste disposal\\ncosts. A fixed amount per bed shall be allocated to the costs of each\\ngeneral hospital based on the total number of inpatient beds for which\\nthe general hospital is certified pursuant to the operating certificate\\nissued for each general hospital in accordance with section twenty-eight\\nhundred five of this article in effect on August twenty-fourth, nineteen\\nhundred ninety-three.\\n (D) Three million dollars shall be allocated as follows:\\n (I) Two hundred fifty dollars per bed shall be allocated to the costs\\nof each general hospital having two hundred or less certified acute care\\nbeds and classified as a rural hospital for purposes of determining\\npayment for inpatient services provided to beneficiaries of title XVIII\\nof the federal social security act (medicare) or under state\\nregulations, in recognition of the unique costs incurred by these\\nfacilities in complying with state regulations, based on the total\\nnumber of inpatient acute care beds for which such general hospital is\\ncertified pursuant to the operating certificate issued for such general\\nhospital in accordance with section twenty-eight hundred five of this\\narticle in effect on August twenty-fourth, nineteen hundred\\nninety-three.\\n (II) The remainder shall be allocated on a proportional basis to the\\ncosts of each general hospital classified as a rural hospital for\\npurposes of determining payment for inpatient services provided to\\nbeneficiaries of title XVIII of the federal social security act\\n(medicare) or under state regulations, in recognition of the unique\\ncosts incurred by these facilities to provide hospital services in\\nremote or sparsely populated areas, according to the following\\nmethodology:\\n (1) the net income, or the net loss expressed as a negative, as a\\nproportion of the net patient revenue, of each such hospital, based on\\noperating results for the nineteen hundred ninety and nineteen hundred\\nninety-one rate years, shall be computed and averaged, and expressed as\\na percentage;\\n (2) each such resulting percentage average shall be multiplied by each\\nsuch hospital's number of inpatient beds for which such hospital is\\ncertified pursuant to the operating certificate issued for such hospital\\nin accordance with section two thousand eight hundred five of this\\narticle in effect on June thirtieth, nineteen hundred ninety, and such\\nresulting products for all such hospitals shall be summed, and such sum\\nshall be divided by the total of all such beds for all such hospitals,\\nand the resulting quotient shall be the weighted average rural operating\\nmargin expressed as a percentage; and\\n (3) one percentage point shall be subtracted from each such hospital's\\naverage net operating margin, and the resulting difference shall be\\ndivided by the weighted average rural operating margin; and\\n (4) (a) if the quotient resulting from the computation in subitem\\nthree above is less than zero, then the absolute value of such quotient\\nshall be multiplied by each such hospital's number of inpatient beds for\\nwhich such hospital is certified pursuant to the operating certificate\\nissued for such hospital in accordance with section two thousand eight\\nhundred five of this chapter in effect on June thirtieth, nineteen\\nhundred ninety, such product shall be multiplied by one hundred fifty\\ndollars, and such resulting amount shall be such hospital's adjustment\\npursuant to this clause;\\n (b) if the quotient resulting from the computation in subitem three\\nabove is zero or greater, such hospital's adjustment pursuant to this\\nclause shall be zero; and\\n (c) provided, however, that if the total of all such adjustments so\\ncomputed exceeds the amount to be allocated in accordance with this\\nitem, each such hospital's adjustment shall be proportionately reduced.\\n (E) Three million dollars shall be allocated to assist general\\nhospitals involved in a merger, acquisition, or consolidation in meeting\\nthe costs associated with such merger, acquisition, or consolidation on\\nor after January first, nineteen hundred ninety-four. The commissioner\\nshall make rate adjustments for such allocations.\\n (F) (I) One million five hundred thousand dollars shall be allocated\\nfor enhanced rates for general hospitals participating within a rural\\nhealth network as defined in subdivision two of section twenty-nine\\nhundred fifty-one of this chapter. Such rate enhancements shall be\\nestablished only for inpatient services provided by such hospitals\\nthrough the written rural health network agreement, where such services\\nhave been approved for enhanced rates by the commissioner.\\nNotwithstanding any inconsistent provision of law, such enhanced rates\\nshall be subject to the availability of federal financial participation\\npursuant to title XIX of the federal social security act in expenditures\\nmade for eligible patients, including pooling arrangements and volume\\nadjustments, provided, however that such enhanced rates shall not affect\\nthe calculation for any other general hospital of the group price\\ncomponent calculated pursuant to subparagraph (i) of paragraph (a) of\\nsubdivision seven of this section.\\n (II) One million five hundred thousand dollars shall be allocated for\\nenhanced rates for general hospitals participating within a central\\nservices facility rural health network as defined in subdivision three\\nof section twenty-nine hundred fifty-one of this chapter. Such rate\\nenhancements shall be established only for inpatient services provided\\nby such hospitals through the network operational plan, where such\\nservices have been approved for enhanced rates by the commissioner.\\nNotwithstanding any inconsistent provision of law, such enhanced rates\\nshall be subject to the availability of federal financial participation\\npursuant to title XIX of the federal social security act in expenditures\\nmade for eligible patients, including pooling arrangements and volume\\nadjustments, provided, however that such enhanced rates shall not affect\\nthe calculation for any other general hospital of the group price\\ncomponent calculated pursuant to subparagraph (i) of paragraph (a) of\\nsubdivision seven of this section.\\n (f) The commissioner and the state director of the budget shall\\nconsider providing a supplementary increase to general hospital\\nreimbursable inpatient operating costs for purposes of computing rates\\nof payment for annual rate periods beginning on or after January first,\\nnineteen hundred eighty-nine in accordance with this section for\\nreasonable and necessary supplementary cost increases in general\\nhospital operating costs for such rate period or periods based on\\nincreased minimum standards and procedures relating to general hospital\\noperating certificates adopted by the council and approved by the\\ncommissioner or state initiatives related to recruitment or maintenance\\nof an appropriate level of personnel providing professional services to\\npatients. Any such supplementary increase shall be allocated to costs of\\ngeneral hospitals in accordance with rules and regulations adopted by\\nthe council and approved by the commissioner.\\n (g) Hospital discharges for purposes of computing case based payments\\nper discharge pursuant to this section shall be based on the number of\\npatient discharges during the rate period from January first, nineteen\\nhundred eighty-seven through December thirty-first, nineteen hundred\\neighty-seven excluding discharges of beneficiaries of title XVIII of the\\nfederal social security act (medicare) and adjusted as provided in\\nspecific provisions of this section, or the number of such patient\\ndischarges during a recent twelve month period prior thereto established\\nby regulation for which data are available subsequently reconciled by an\\nadjustment to reflect nineteen hundred eighty-seven discharge data.\\n * (h) Notwithstanding any inconsistent provision of this section,\\ncommencing April first, nineteen hundred ninety-five:\\n (i) rates of payment for patients eligible for payments made by state\\ngovernmental agencies shall be reduced by the commissioner to reflect an\\nexclusion from reimbursable inpatient operating costs commencing April\\nfirst, nineteen hundred ninety-five of the special additional inpatient\\noperating costs determined and allocated among general hospitals in\\naccordance with clause (C) of subparagraph (iii) and clause (C) of\\nsubparagraph (iv) of paragraph (e) of this subdivision and the factor of\\none quarter of one percent of general hospitals' reimbursable inpatient\\noperating cost base allocated to costs of general hospitals for\\ntechnology advances in accordance with subparagraph (i) of paragraph (e)\\nof this subdivision; and\\n (ii) general hospitals may not request and the commissioner shall not\\nconsider any pending or further appeals for an adjustment to rates of\\npayment based on costs associated with technology advances and changes\\nin medical practice and such adjustments to reimbursable inpatient\\noperating costs pursuant to clause (C) of subparagraph (iv) of paragraph\\n(e) of this subdivision.\\n (iii) Notwithstanding the foregoing, or any other provision of this\\nsection, the commissioner may establish pass through payments, or other\\nappropriate methodologies, for the period ending December thirty-first,\\ntwo thousand three for innovative medical device advances for which the\\nfederal centers for medicare and medicaid services adopts new codes to\\nthe hospital inpatient prospective payment system prior to the federal\\nfood and drug administration's approval of such medical device.\\n * NB Expired March 31, 2011\\n (i) For the rate period July first, two thousand seven through March\\nthirty-first, two thousand eight and for rates applicable to the state\\nfiscal year commencing April first, two thousand eight, and each state\\nfiscal year thereafter through March thirty-first, two thousand nine,\\nand for the period April first, two thousand nine through November\\nthirtieth, two thousand nine, provided, however, that for the period\\nApril first, two thousand nine through November thirtieth, two thousand\\nnine the aggregate rate adjustments calculated pursuant to subparagraph\\n(ii) of this paragraph shall not exceed four million dollars, and\\ncontingent upon the availability of federal financial participation:\\n (i) The commissioner shall adjust inpatient medical assistance rates\\nof payment calculated pursuant to this section for public hospitals\\nother than non-state public hospitals located in a city with a\\npopulation of more than one million persons, that meet the targeted\\nmedicaid discharge percentage in accordance with the methodology set\\nforth in subparagraph (ii) of this paragraph. For purposes of this\\nparagraph, \"targeted medicaid discharge percentage\" shall mean that at\\nleast seventeen and one-half percent of a public hospital's total\\ndischarges were patients eligible for payments under the medical\\nassistance program pursuant to title eleven of article five of the\\nsocial services law, including those enrolled in health maintenance\\norganizations, and patients eligible for payments under the family\\nhealth plus program pursuant to title eleven-D of article five of the\\nsocial services law, based on data reported in such hospital's\\ninstitutional cost report submitted for the two thousand four period and\\nfiled with the department by November first, two thousand six. Any\\nhospital that meets the filing deadline shall have until June first, two\\nthousand seven to submit revised and corrected data schedules in such\\ninstitutional cost report which established eligibility for such\\nadjusted rate.\\n (ii) The aggregate amount of rate adjustments calculated pursuant to\\nthis paragraph shall not exceed six million dollars for each rate\\nperiod. Such amount shall be allocated proportionally based on the\\nrelative numbers of medicaid discharges among those public hospitals\\neligible for rate adjustments in accordance with subparagraph (i) of\\nthis paragraph based on each such hospital's reported medical assistance\\ndata specified in subparagraph (i) of this paragraph. Such amounts shall\\nbe included as an add-on to medical assistance inpatient rates of\\npayment, excluding exempt unit rates, and shall not be reconciled to\\nreflect changes in medical assistance utilization between two thousand\\nfour and the current rate year.\\n (j) For the rate period July first, two thousand seven through March\\nthirty-first, two thousand eight and for rates applicable to the state\\nfiscal year commencing April first, two thousand eight, and each state\\nfiscal year thereafter through March thirty-first, two thousand nine and\\nfor the period April first, two thousand nine through November\\nthirtieth, two thousand nine, provided, however, that for the period\\nApril first, two thousand nine through November thirtieth, two thousand\\nnine the aggregate rate adjustments calculated pursuant to subparagraph\\n(ii) of this paragraph shall not exceed twenty-eight million dollars,\\nand contingent upon the availability of federal financial participation:\\n (i) The commissioner shall adjust inpatient medical assistance rates\\nof payment calculated pursuant to this section for voluntary hospitals\\nother than voluntary hospitals located in a city with a population of\\nmore than one million persons that meet the targeted medicaid discharge\\npercentage in accordance with the methodology set forth in subparagraph\\n(ii) of this paragraph. For purposes of this paragraph, \"targeted\\nMedicaid discharge percentage\" shall mean between seventeen and one-half\\npercent and thirty-five percent of a voluntary hospital's total\\ndischarges were patients eligible for payments under the medical\\nassistance program pursuant to title eleven of article five of the\\nsocial services law, including those enrolled in health maintenance\\norganizations, and patients eligible for payments under the family\\nhealth plus program pursuant to title eleven-D of article five of the\\nsocial services law, based on data reported in such hospital's\\ninstitutional cost report submitted for the two thousand four period and\\nfiled with the department by November first, two thousand six. Any\\nhospital that meets the filing deadline shall have until June first, two\\nthousand seven to submit revised and corrected data schedules in such\\ninstitutional cost report which established eligibility for such\\nadjusted rate.\\n (ii) The aggregate amount of rate adjustments calculated pursuant to\\nthis paragraph shall not exceed forty-two million dollars for each rate\\nperiod. Such amount shall be allocated proportionally based on relative\\nnumbers of medicaid discharges among those voluntary hospitals eligible\\nfor rate adjustments in accordance with subparagraph (i) of this\\nparagraph based on each such hospital's reported medical assistance data\\nspecified in subparagraph (i) of this paragraph. Such amounts shall be\\nincluded as an add-on to medical assistance inpatient rates of payment,\\nexcluding exempt unit rates, and shall not be reconciled to reflect\\nchanges in medical assistance utilization between two thousand four and\\nthe rate year.\\n (k) Subject to the availability of federal financial participation,\\nthe commissioner shall adjust inpatient rates of payment for non-public\\ngeneral hospitals located in a city with a population of more than one\\nmillion persons for the following periods and in the following amounts\\nin order to ensure meaningful access to the hospital's services and\\nreasonable accommodation for all medicaid patients who require language\\nassistance:\\n (i) for the period July first, two thousand seven through December\\nthirty-first, two thousand seven, thirty-eight million dollars shall be\\nallocated proportionally to such hospitals based on fifty percent of\\neach such hospital's reported general clinic medicaid visits and fifty\\npercent on each such hospital's reported medicaid inpatient discharges,\\nas reported in each hospital's two thousand four institutional cost\\nreport, as submitted to the department prior to November first, two\\nthousand six, to the total of all such general clinic visits reported by\\nall such hospitals.\\n (ii) for the period April first, two thousand eight through March\\nthirty-first, two thousand nine, and each state fiscal year thereafter\\nthrough November thirtieth, two thousand nine, thirty-eight million\\ndollars shall be allocated on an annualized basis for such purpose to\\nsuch hospitals in accordance with the methodology set forth in\\nsubparagraph (i) of this paragraph, provided, however, that thirty\\npercent of such funds shall be allocated proportionally, based on the\\nnumber of foreign languages utilized by one or more percent of the\\nresidents in each hospital total service area population, provided,\\nhowever, that for the period April first, two thousand nine through\\nNovember thirtieth, two thousand nine, such allocation shall be reduced\\nto twenty-five million three hundred thirty-three thousand dollars.\\n (l) Effective for periods on and after July first, two thousand seven\\nthrough November thirtieth, two thousand nine:\\n (i) Subject to the availability of federal financial participation,\\nthe commissioner shall adjust inpatient medical assistance rates of\\npayment calculated pursuant to this section for general hospitals\\nlocated in the counties of Nassau and Suffolk in accordance with the\\nmethodology set forth in subparagraph (ii) of this paragraph. For\\npurposes of this paragraph, \"medicaid inpatient discharges\" shall mean\\nthe total number of such general hospital's discharges where the\\npatients were eligible for payments under the medical assistance program\\npursuant to title eleven of article five of the social services law,\\nincluding those enrolled in health maintenance organizations, and\\npatients eligible for payments under the family health plus program\\npursuant to title eleven-D of article five of the social services law,\\nbased on data reported in such hospital's institutional cost report\\nsubmitted for the two thousand four period and filed with the department\\nby November first, two thousand six.\\n (ii) The amount of rate adjustments calculated pursuant to this\\nparagraph shall not exceed five million dollars in the aggregate\\nannually. Such amount shall be allocated proportionally based on the\\nrelative numbers of medicaid discharges among those general hospitals\\neligible for rate adjustments in accordance with subparagraph (i) of\\nthis paragraph based on each such hospital's reported medical assistance\\ndata specified in subparagraph (i) of this paragraph. Such amounts shall\\nbe included as an add-on to medical assistance inpatient rates of\\npayment, excluding exempt unit rates, and shall not be reconciled to\\nreflect changes in medical assistance utilization between two thousand\\nfour and the current rate year.\\n 2. Special payment rate methodology agreements, negotiated rates. (a)\\nAny payment rate methodology agreement negotiated between a self-insured\\nand self-administered fund and a specific general hospital or its\\nsuccessor which was in effect on May first, nineteen hundred eighty-five\\nshall be permitted to continue with such fund, or a self-insured and\\nself-administered fund related in interest to such fund through merger,\\nconsolidation or corporate reorganization subsequent to May first,\\nnineteen hundred eighty-five, as long as any revision to such\\nmethodology does not provide more of an economic advantage to the fund\\nthan the previous agreement. A general hospital which has any such\\nagreement shall file with the commissioner information regarding each\\nsuch agreement, as may be required by regulations adopted by the council\\nand approved by the commissioner.\\n (b)(i) Nothing in this section shall prohibit the establishment of\\nspecial payment rate methodologies in arrangements between general\\nhospitals and health maintenance organizations operating in accordance\\nwith the provisions of article forty-three of the insurance law or\\narticle forty-four of this chapter, provided the commissioner has been\\nnotified of the proposed arrangement, has reviewed such proposed\\narrangement and has issued his written approval of the arrangement. The\\ncommissioner shall not approve such an arrangement if it would result in\\npayments to a general hospital for inpatient services provided to\\nsubscribers of health maintenance organizations which in the aggregate\\nare less than what otherwise would have been paid under the provisions\\nof this section, unless the health maintenance organization demonstrates\\nthat such lower payments are justified because the arrangement will\\nresult in lower costs to the general hospital, and the payments\\napproximate costs. Such arrangements may be approved by the commissioner\\nto: integrate the medical delivery functions of the health maintenance\\norganization with the medical delivery functions of the hospital,\\nincluding but not limited to joint staffing arrangements or\\npre-admission testing arrangements; or integrate the method of payment\\nand financial incentives to the hospital with the method of payment and\\nfinancial incentives to physicians or other providers in the health\\nmaintenance organization; or integrate the method of payment and\\nfinancial incentives to the hospital with the health maintenance\\norganization, including, but not limited to, bed leasing or capitation\\npayments. Notwithstanding any inconsistent provision of this section,\\nfor periods beginning on or after January first, nineteen hundred\\nninety-four, negotiated agreements between health maintenance\\norganizations and general hospitals which were approved by the\\ncommissioner and which were in effect on December thirty-first, nineteen\\nhundred ninety-three, may continue.\\n (ii) Notwithstanding any inconsistent provisions of this section,\\nhealth maintenance organizations operating in accordance with the\\nprovisions of article forty-three of the insurance law or article\\nforty-four of this chapter, having enrollees eligible for inpatient\\ngeneral hospital payments as beneficiaries of title XVIII of the federal\\nsocial security act (medicare) shall reimburse general hospitals for\\ninpatient services for these enrollees in accordance with the provisions\\ncontained in title XVIII of the federal social security act (medicare).\\n (c) Special payment rate methodology agreements other than those\\npermitted in accordance with the provisions of paragraphs (a) and (b) of\\nthis subdivision shall not be authorized, and no other arrangements with\\na general hospital for inpatient rates of payment other than those\\nestablished in accordance with this section shall be negotiated.\\n * (d) Notwithstanding any inconsistent provision of law, the\\nprovisions of paragraphs (a), (b) and (c) of this subdivision shall not\\napply to payments for patients discharged on or after January first,\\nnineteen hundred ninety-seven.\\n * NB Expires December 31, 2020\\n 3. Diagnosis-related groups and weights. (a) The commissioner shall\\nestablish as a basis for case classification for case based rates of\\npayment the same system of diagnosis-related groups for classification\\nof hospital discharges as established for purposes of reimbursement of\\ninpatient hospital service pursuant to title XVIII of the federal social\\nsecurity act (medicare) in effect on the first day of July in the year\\npreceding the rate period. However, the council may adopt rules and\\nregulations, subject to the approval of the commissioner, to adjust such\\ndiagnosis-related groups or establish additional diagnosis-related\\ngroups to reflect subsequent revisions applicable to reimbursement for\\ndischarges of beneficiaries of title XVIII of the federal social\\nsecurity act (medicare) effective subsequent to the first day of July in\\nthe year preceding the rate period, or to identify medically appropriate\\npatterns of health resource use efficiently and economically provided.\\nNo such regulations, however, except those to reflect subsequent\\nrevisions applicable to reimbursement for discharges of beneficiaries of\\ntitle XVIII of the federal social security act (medicare) or for changes\\nmade to diagnosis-related groups for neonatal services and services to\\nacquired immune deficiency syndrome (AIDS) patients shall apply to the\\nrate period beginning January first, nineteen hundred eighty-eight. For\\nsubsequent rate periods regulations other than those to reflect\\nsubsequent revisions applicable to reimbursement for discharges of\\nbeneficiaries of title XVIII of the federal social security act\\n(medicare) may in addition apply to changes to the diagnosis-related\\ngroups for other services, including but not limited to, pediatric\\nservices; provided, however, that psychiatric and rehabilitation\\nservices shall not be included.\\n Notwithstanding section one hundred twelve or one hundred seventy-four\\nof the state finance law or any other law, rule or regulation to the\\ncontrary, the commissioner may contract with a vendor for nominal\\nconsideration to develop the specifications for the adjusted or\\nadditional diagnosis-related groups if the commissioner certifies to the\\ncomptroller that such contract is in the best interest of the health of\\nthe people of the state. Notwithstanding that such specifications shall\\nbe available pursuant to article six of the public officers law, such\\ncontract may provide that the specifications for such adjusted or\\nadditional diagnosis-related groups provided by the vendor shall be\\nsubject to copyright protection pursuant to federal copyright law.\\n (b) The methodology for assignment of patient discharges within\\ndiagnosis-related groups applicable for purposes of determining payments\\nfor discharges of beneficiaries of title XVIII of the federal social\\nsecurity act (medicare) in effect on the first day of July in the year\\npreceding the rate period, revised to reflect such adjustments as may be\\nmade to the diagnosis-related group classification system pursuant to\\nparagraph (a) of this subdivision, shall be applied to assign specific\\npatient discharges within the diagnosis-related groups established\\npursuant to paragraph (a) of this subdivision. The council may adopt\\nrules and regulations, subject to the approval of the commissioner, to\\nrevise the methodology for the assignment of specific patient discharges\\nwithin the diagnosis-related groups to reflect revisions to the\\nmethodology applicable for purposes of determining payments for\\ndischarges of beneficiaries of title XVIII of the federal social\\nsecurity act (medicare) effective subsequent to the first day of July in\\nthe year preceding the rate period.\\n * (c) (i) The commissioner shall determine an appropriate weighting\\nfactor for each diagnosis-related group which reflects the relative\\ngeneral hospital resources used by all patients, other than\\nbeneficiaries of title XVIII of the federal social security act\\n(medicare), with respect to discharges classified within that\\ndiagnosis-related group compared to discharges classified within other\\ndiagnosis-related groups. For rate periods during the period January\\nfirst, nineteen hundred eighty-eight through December thirty-first,\\nnineteen hundred ninety, the appropriate weighting factor for each\\ndiagnosis-related group shall be determined using nineteen hundred\\neighty-five costs and statistics for a representative sample of general\\nhospitals. For rate periods during the period January first, nineteen\\nhundred ninety-one through December thirty-first, nineteen hundred\\nninety-three, the appropriate weighting factor for each\\ndiagnosis-related group shall be determined using nineteen hundred\\neighty-nine costs and statistics for a representative sample of general\\nhospitals. For rate periods during the period January first, nineteen\\nhundred ninety-four through December thirty-first, nineteen hundred\\nninety-nine and on and after January first, two thousand through\\nDecember thirty-first, two thousand seven, the appropriate weighting\\nfactor for each diagnosis-related group shall be determined using\\nnineteen hundred ninety-two costs and statistics for a representative\\nsample of general hospitals. For rate periods on and after January\\nfirst, two thousand eight, the appropriate weighting factor for each\\ndiagnosis-related group shall be determined using two thousand four\\ncosts and statistics for a representative sample of general hospitals,\\nand, further, the computation of the group average arithmetic inlier\\nlength-of-stays for each diagnostic related group, as otherwise\\ndetermined in accordance with applicable regulations, shall utilize two\\nthousand four data as reported to the department, and, be based on a\\nrepresentative sample of general hospitals, and further, the short-stay\\nand long-stay length-of-stay trimpoints, as otherwise determined in\\naccordance with applicable regulations, shall be computed utilizing two\\nthousand four data as reported to the department and based on a\\nrepresentative sample of general hospitals. Provided however, that if\\nthe department does not release updated data and documentation described\\nin subparagraph (iii) of this paragraph, the effective rate period shall\\nbe April 1, 2008. Discharges and costs related to the exceptions to case\\npayment provided in accordance with paragraphs (e), (g) and (i) of\\nsubdivision four of this section shall be eliminated from the costs and\\nstatistics used in determining the appropriate weighting factors, while\\nthe cost factor related to the exception provided in paragraph (h) of\\nsubdivision four of this section shall be eliminated. The costs and\\nstatistics for the case payment modifications calculated pursuant to\\nparagraphs (a), (b), (c) and (d) of subdivision four of this section\\nshall be eliminated in accordance with paragraph (c) of subdivision six\\nof this section. Costs related to education, physician, ambulance\\nservices and organ acquisition identified consistent with the provisions\\nof paragraph (c) of subdivision seven of this section and costs related\\nto malpractice insurance shall also be eliminated. The council may adopt\\nrules and regulations, subject to the approval of the commissioner, to\\nprospectively adjust weighting factors determined in accordance with\\nthis paragraph to reflect changes in medical technology. After the\\ncommissioner issues rate certifications pursuant to subdivision four of\\nsection twenty-eight hundred seven of this article the commissioner\\nshall expeditiously make available for inspection by general hospitals\\nand payors the data, consistent with appropriate department procedures\\nfor the release and protection of confidential data, and the methodology\\nutilized to determine the appropriate weighting factors.\\n (ii) Notwithstanding any contrary provision of law, the case mix\\nadjustment to the operating component of per diem rates of payment paid\\nto general hospitals or units of general hospitals that are exempt from\\ncase based payments, as determined in accordance with subdivision four\\nof this section and as otherwise computed in accordance with applicable\\nregulations, shall, for periods on and after January first, two thousand\\neight, be computed utilizing the diagnosis-related group classification\\nsystem in effect for the rate year for inpatient case based medicaid\\nrates of payment and the related per day cost weights calculated using\\ntwo thousand four data as reported to the department and based on a\\nrepresentative sample of general hospitals. For rate periods on and\\nafter the two thousand eleven rate period, such case mix adjustment\\nshall utilize the same base period data as determined in accordance with\\nparagraph (e) of this subdivision.\\n (iii) The department shall, by no later than June first, two thousand\\nseven, make available to hospital industry representatives relevant\\nupdated data and documentation that the department will utilize, in\\naccordance with this paragraph, in developing appropriate service\\nintensity weights for each diagnosis-related group for the two thousand\\neight rate period. The department will thereafter consult with hospital\\nindustry representatives in developing regulations to implement the\\nutilization of such updated service intensity weight data applicable to\\nrate periods on and after two thousand eight. If it is deemed\\nappropriate by the commissioner, in consultation with hospital industry\\nrepresentatives, such regulations may provide for the phase-in over a\\nperiod of time of the application of such updated data in determining\\nMedicaid rates on and after two thousand eight, provided, however, that\\nthe application of such updated data shall be fully reflected in such\\nrates by no later than January first, two thousand ten.\\n (iv) By no later than December first, two thousand seven, the\\ncommissioner shall issue a report to the governor and the legislature\\ndescribing the updated data utilization applicable, in accordance with\\nthe provisions of this paragraph, to periods on and after two thousand\\neight and setting forth the factors considered in developing it.\\n * NB Effective until December 31, 2020\\n * (c) The commissioner shall determine an appropriate weighting factor\\nfor each diagnosis-related group which reflects the relative general\\nhospital resources used by all patients, other than beneficiaries of\\ntitle XVIII of the federal social security act (medicare), with respect\\nto discharges classified within that diagnosis-related group compared to\\ndischarges classified within other diagnosis-related groups. For rate\\nperiods during the period January first, nineteen hundred eighty-eight\\nthrough December thirty-first, nineteen hundred ninety, the appropriate\\nweighting factor for each diagnosis-related group shall be determined\\nusing nineteen hundred eighty-five costs and statistics for a\\nrepresentative sample of general hospitals. For rate periods during the\\nperiod January first, nineteen hundred ninety-one through December\\nthirty-first, nineteen hundred ninety-three, the appropriate weighting\\nfactor for each diagnosis-related group shall be determined using\\nnineteen hundred eighty-nine costs and statistics for a representative\\nsample of general hospitals. For rate periods during the period January\\nfirst, nineteen hundred ninety-four through June thirtieth, nineteen\\nhundred ninety-six, the appropriate weighting factor for each\\ndiagnosis-related group shall be determined using nineteen hundred\\nninety-two costs and statistics for a representative sample of general\\nhospitals. Discharges and costs related to the exceptions to case\\npayment provided in accordance with paragraphs (e), (g) and (i) of\\nsubdivision four of this section shall be eliminated from the costs and\\nstatistics used in determining the appropriate weighting factors, while\\nthe cost factor related to the exception provided in paragraph (h) of\\nsubdivision four of this section shall be eliminated. The costs and\\nstatistics for the case payment modifications calculated pursuant to\\nparagraphs (a), (b), (c) and (d) of subdivision four of this section\\nshall be eliminated in accordance with paragraph (c) of subdivision six\\nof this section. Costs related to education, physician, ambulance\\nservices and organ acquisition identified consistent with the provisions\\nof paragraph (c) of subdivision seven of this section and costs related\\nto malpractice insurance shall also be eliminated. The council may adopt\\nrules and regulations, subject to the approval of the commissioner, to\\nprospectively adjust weighting factors determined in accordance with\\nthis paragraph to reflect changes in medical technology. After the\\ncommissioner issues rate certifications pursuant to subdivision four of\\nsection twenty-eight hundred seven of this chapter the commissioner\\nshall expeditiously make available for inspection by general hospitals\\nand payors the data, consistent with appropriate department procedures\\nfor the release and protection of confidential data, and the methodology\\nutilized to determine the appropriate weighting factors.\\n * NB Effective December 31, 2020\\n (d) The commissioner shall consult with technical advisory groups as\\nnecessary in establishing diagnosis-related groups and weights in\\naccordance with paragraphs (a), (b) and (c) of this subdivision and in\\nmaking adjustments in accordance with paragraphs (b) and (c) of\\nsubdivision six of this section.\\n (e) The appropriate weighting factor for each diagnosis-related group,\\nthe group average arithmetic inlier length-of-stays for each\\ndiagnosis-related group, and the short-stay and long-stay length-of-stay\\ntrimpoints shall, by no later than the two thousand eleven rate period,\\nbe based on reported costs and statistics from a representative sample\\nof general hospitals from a base period no earlier than two thousand\\nseven. Thereafter, the base period reported costs and statistics\\nutilized for such purposes shall be updated no less frequently than\\nevery four years and the new base periods utilized shall be no more than\\nfour years prior to the applicable rate period.\\n 3-a. Dispute resolution system. (a) * The commissioner shall\\nestablish, in accordance with rules and regulations adopted by the\\ncouncil and approved by the commissioner, a payment dispute resolution\\nsystem to resolve disputes between payors of inpatient hospital services\\nand general hospitals for patients discharged on or after January first,\\nnineteen hundred ninety-one and prior to January first, nineteen hundred\\nninety-seven. The commissioner shall designate the use of a uniform set\\nof guidelines for determining the application of particular\\ndiagnosis-related group categories to particular patients which may\\ninclude guidelines published by associations, universities or other\\norganizations. The dispute resolution process shall apply to all payors\\nof hospital services described in paragraphs (a), (b) and (c) of\\nsubdivision one of this section, including patients or payors which pay\\nhospitals' charges or coinsurance, provided, however, such process shall\\nnot include payments made for persons eligible for payments as\\nbeneficiaries of title XVIII of the federal social security act\\n(medicare) as a patients' primary payor or payments made pursuant to\\ntitle eleven of article five of the social services law, provided that\\nthis exception shall not include payments for medical assistance\\nparticipants in health maintenance organizations or prepaid health\\nservices plans. A payor of hospital services included in paragraph (a)\\nof subdivision one of this section may serve as, or designate, the\\nreview agent for their subscribers, beneficiaries or enrolled members\\nfor an initial review and a reconsideration review but the final step in\\nsuch dispute resolution process shall be an independent party unrelated\\nto the payor which party shall be approved by the commissioner pursuant\\nto this section.\\n * NB Effective until December 31, 2020\\n * The commissioner shall establish, in accordance with rules and\\nregulations adopted by the council and approved by the commissioner, a\\npayment dispute resolution system to resolve disputes between payors of\\ninpatient hospital services and general hospitals for patients\\ndischarged on or after January first, nineteen hundred ninety-one. The\\ncommissioner shall designate the use of a uniform set of guidelines for\\ndetermining the application of particular diagnosis-related group\\ncategories to particular patients which may include guidelines published\\nby associations, universities or other organizations. The dispute\\nresolution process shall apply to all payors of hospital services\\ndescribed in paragraphs (a), (b) and (c) of subdivision one of this\\nsection, including patients or payors which pay hospitals' charges or\\ncoinsurance, provided, however, such process shall not include payments\\nmade for persons eligible for payments as beneficiaries of title XVIII\\nof the federal social security act (medicare) as a patients' primary\\npayor or payments made pursuant to title eleven of article five of the\\nsocial services law, provided that this exception shall not include\\npayments for medical assistance participants in health maintenance\\norganizations or prepaid health services plans. A payor of hospital\\nservices included in paragraph (a) of subdivision one of this section\\nmay serve as, or designate, the review agent for their subscribers,\\nbeneficiaries or enrolled members for an initial review and a\\nreconsideration review but the final step in such dispute resolution\\nprocess shall be an independent party unrelated to the payor which party\\nshall be approved by the commissioner pursuant to this section.\\n * NB Effective December 31, 2020\\n In the event a third party payor or patient desires to challenge the\\nappropriateness of a bill for hospital services rendered by a general\\nhospital for a particular patient, or in the event a general hospital\\ndesires to challenge the appropriateness of a payment by a third party\\npayor on behalf of a particular patient, then either the hospital or the\\npayor may submit the question to the dispute resolution process\\nestablished pursuant to this subdivision. The disputes submitted for\\nresolution may include the appropriateness of the application of a\\nparticular diagnosis-related group category, as described in subdivision\\nthree of this section, to a particular patient; the appropriate\\nclassification and payment of an inpatient stay as a modification of a\\ncase payment pursuant to paragraph (a), (b), (c), or (d) of subdivision\\nfour of this section, including whether payment for services should be,\\nbased on medical necessity or other reasons, made as a case payment or\\npayment as a modification of a case payment; whether payment should\\nappropriately be made pursuant to an alternative reimbursement\\nmethodology authorized in accordance with paragraph (e) or (h) of\\nsubdivision four of this section and the payment for such services;\\nwhether payment for services rendered by a general hospital should be\\nappropriately, based on medical necessity or other reasons, made as\\npayment for inpatient care or payment for outpatient care and the\\npayment for such services; or whether the hospital stay should be\\nclassified as a readmission as defined in accordance with regulations\\nadopted pursuant to paragraph (l) of subdivision eleven of this section\\nand the payment for such stay.\\n The dispute resolution system established shall provide for an initial\\nreview and a reconsideration review. The council shall adopt necessary\\nrules and regulations, subject to the approval of the commissioner,\\nincluding but not limited to those for determining the parties to a\\ndispute resolution review and any reconsideration review; the procedures\\nand time limits to initiate a dispute resolution review or any\\nreconsideration review; the procedures for notification of all parties\\ninvolved in the dispute upon initiation of a dispute resolution review\\nor any reconsideration review; time limits for resolving disputes; the\\nestablishment of dispute resolution and reconsideration fees; and\\nrequired documents to be submitted including the hospital bill in\\ndispute, a copy of the patient medical record, or so much thereof as may\\nbe required, and a statement of issues including the basis for the\\ndispute. During a dispute resolution review or any reconsideration\\nreview, a party may present documentation or evidence in support of its\\nposition regarding the appropriate diagnosis-related group to which the\\npatient discharge should be assigned or the proper payment for the case.\\nThe commissioner shall approve a statewide utilization review\\norganization or regional utilization review organization to conduct and\\ndetermine such dispute resolution reviews including any reconsideration\\nreviews in accordance with paragraph (b) of this subdivision. Every\\ngeneral hospital bill issued for a patient discharged on or after\\nJanuary first, nineteen hundred ninety-one other than for discharges of\\npatients eligible for medical assistance pursuant to title eleven of\\narticle five of the social services law subject to case based payments\\ndetermined pursuant to this section based on diagnosis-related group\\nassigned or maximum hospital charges for a case determined pursuant to\\nthis section based on diagnosis-related group assigned shall include or\\nbe accompanied by a notice of the payment dispute resolution system;\\nprovided, however, that a general hospital issuing bills to a payor for\\ntwenty-five or more patients per year may send such notice to such payor\\non an annual basis. The form and content of such notice shall be\\ndetermined in accordance with rules and regulations adopted by the\\ncouncil and approved by the commissioner.\\n (b) The commissioner shall approve a statewide utilization review\\norganization or regional utilization review organizations to conduct and\\ndetermine dispute resolution reviews, including reconsideration reviews,\\npursuant to this subdivision. To be approved as a utilization review\\norganization in accordance with this subdivision such organization must\\nmeet the following criteria: the organization shall employ or otherwise\\nsecure the services of adequate personnel, including medical personnel,\\nqualified to review such disputes, the organization shall demonstrate\\nthe ability to render decisions in a timely manner, the organization\\nshall agree to provide ready access by the commissioner to all data,\\nrecords and information it collects and maintains concerning its review\\nactivities under this subdivision, the organization shall agree to\\nprovide to the commissioner such data, information and reports as the\\ncommissioner determines necessary to evaluate the review process\\nprovided pursuant to this subdivision, the organization shall provide\\nassurances that review personnel shall not have a conflict of interest\\nin conducting a review based on payor, hospital or professional\\naffiliation, and the organization meets such other performance and\\nefficiency criteria regarding the conduct of reviews pursuant to this\\nsubdivision established by the commissioner. The commissioner may\\nwithdraw approval of a utilization review organization where such\\norganization fails to continue to meet approval criteria established\\npursuant to this paragraph. A utilization review organization approved\\npursuant to this paragraph shall be authorized to receive and review\\npatient medical records and shall develop and implement appropriate\\nprocedures to maintain confidentiality of such patient medical records.\\n (c) Upon resolution of a payment dispute in accordance with this\\nparagraph, the parties involved in the dispute shall be notified of the\\nreason for the decision and the hospital bill in dispute shall be\\nadjusted to reflect such resolution.\\n (d) The party initiating a payment dispute resolution review or any\\nreconsideration review must submit to the utilization review\\norganization a dispute resolution fee established to recover the costs\\nrelated to the conduct of the initial dispute resolution reviews or a\\nreconsideration review fee established to recover the costs related to\\nthe conduct of such reconsideration reviews, except that for payors in\\nparagraph (a) of subdivision one of this section which serve as or\\ndesignate the review agent for their subscribers, beneficiaries, or\\nenrolled members a fee shall be charged only for the final step in the\\ndispute resolution process. Upon resolution of a payment dispute in\\naccordance with this subdivision in favor of the payor, the amount due\\nto the hospital by a payor based upon the hospital bill shall be reduced\\nby the amount of any fee paid pursuant to this paragraph by such payor.\\nUpon resolution of a payment dispute in accordance with this subdivision\\nin favor of the general hospital, the amount due to the hospital based\\nupon the hospital bill shall be increased by the amount of any fee paid\\npursuant to this paragraph by such general hospital.\\n (e) Nothing herein shall relieve the responsibilities of the payors as\\nset forth in paragraphs (a), (b) and (c) of subdivision one of this\\nsection.\\n (f)(i) Whenever the amount of payment made by a payor to a general\\nhospital is less than the amount of payment due determined by a\\nutilization review organization in accordance with this subdivision,\\ngeneral hospitals in accordance with paragraph (d) of subdivision eleven\\nof this section may include financing or working capital charges on such\\nbalance owed to the general hospital by a payor.\\n (ii) Whenever the amount of payment made by a payor to a general\\nhospital is in excess of the amount of payment due determined by a\\nutilization review organization in accordance with this subdivision,\\ninterest shall be due on such excess owed by the general hospital to a\\npayor of two percent for the first thirty days and one percent per month\\nthereafter from the date of payment of such excess amount. Interest\\nshall not be applied to excess amounts owed to third party payors\\nparticipating in an advance payment system.\\n (g) For payment amounts eligible for payment dispute resolution\\npursuant to this subdivision, a general hospital shall not bill a\\npatient or pursue collection efforts against a patient for the\\ndifference between a hospital bill and the payment made on such bill by\\na payor within the payor categories specified in paragraph (a), (b) or\\n(c) of subdivision one of this section, except for uncovered services by\\na payor, deductibles and coinsurance based on maximum hospital charges\\ncalculated based on the undisputed amount of the hospital bill, until\\nfinal decision of the utilization review organization. Nothing in this\\nsubdivision shall be construed to prohibit a general hospital from\\nissuing an informational bill to a patient regarding such difference\\nbetween the hospital bill and the payment made on such bill to advise\\nthe patient of the amount in dispute.\\n (h) The formal written decision of a utilization review organization\\napproved by the commissioner to conduct and determine dispute resolution\\nreviews in accordance with paragraph (b) of this subdivision upon a\\nreconsideration review, or if there is no reconsideration review upon an\\ninitial review, or for a payor of hospital services included in\\nparagraph (a) of subdivision one of this section which serves as or\\ndesignates the review agent for their subscribers, beneficiaries or\\nenrolled members upon the final step in the dispute resolution process\\nas to the questions of the appropriateness of a bill for hospital\\nservices or the calculation of the proper payment for such hospital\\nservices shall be admissible in evidence at any subsequent trial upon\\nthe request of any party to the action. The decision shall not be\\nbinding upon the jury or, in a case tried without a jury, upon the trial\\ncourt, but shall be considered prima facie evidence to establish the\\nfacts resolved by the utilization review organization.\\n 4. Modifications and exceptions to case payment rates. Case based\\nrates of payment shall be modified and per diem or other unit of service\\npayments shall be provided, or exceptions shall be made to case\\npayments, in accordance with rules and regulations adopted by the\\ncouncil and approved by the commissioner, in the following\\ncircumstances:\\n (a) where a case that is eligible for payment under the case based\\npayment system is transferred between general hospitals, the receiving\\nhospital shall be reimbursed its total case payment amount for the\\ndiagnosis-related group (including any payments made in accordance with\\nthis subdivision), and the transferring hospital shall receive\\nreimbursement on a basis consistent with the methodology developed for\\nthe elimination of transfer patient costs in accordance with\\nsubparagraph (i) of paragraph (c) of subdivision six of this section\\nplus additions contained in subparagraph (ii) of paragraph (a) of\\nsubdivision one of this section on a per diem basis. The payment to a\\ntransferring general hospital shall not exceed the case payment amount\\nfor the diagnosis-related group computed in accordance with this\\nsection;\\n (b) where the cost per case for a patient that does not qualify for\\npayment pursuant to paragraph (a) or (d) of this subdivision is in\\nexcess of the basic case payment rate for the diagnosis-related group\\nmultiplied by two and the overall hospital-specific average cost per\\ncase multiplied by six, the payment to the general hospital in addition\\nto the basic case payment rate will be one hundred percent, or such\\npercentage as computed in accordance with subparagraph (ii) of paragraph\\n(c) of subdivision six of this section, multiplied by the difference\\nbetween the general hospital's cost for the case and the greater of the\\nbasic case payment rate for the diagnosis-related group multiplied by\\ntwo or the overall hospital-specific cost per case multiplied by six. In\\ndetermining whether a case qualifies for payment under this paragraph,\\nprospective rate adjustments made in accordance with paragraph (c) of\\nsubdivision eleven of this section to reflect the retroactive impact of\\nan adjustment on prior rates, shall be excluded. Where a case qualifies\\nfor payment pursuant to both this paragraph and paragraph (c) of this\\nsubdivision then payment shall be made in accordance with this paragraph\\nif such payment exceeds that which would be made in accordance with\\nparagraph (c) of this subdivision. The general hospital's costs per case\\nshall be computed by adjusting the general hospital's actual charges for\\nthe case by the general hospital's inpatient cost to charge ratio;\\n (c) where a patient is identified as a long stay patient, payment to\\nthe general hospital in addition to the basic case payment rate shall be\\non a basis consistent with the methodology developed for the elimination\\nof long stay patient costs in accordance with subparagraph (iii) of\\nparagraph (c) of subdivision six of this section. Where a case qualifies\\nfor payment pursuant to both this paragraph and paragraph (b) of this\\nsubdivision then payment shall be made in accordance with paragraph (b)\\nof this subdivision if such payment exceeds that which would be made in\\naccordance with this paragraph. A long stay patient is defined as an\\ninpatient whose hospital stay exceeds the long stay outlier threshold\\nfor the diagnosis-related group;\\n (d) where a patient is identified as a short stay patient, payment to\\nthe general hospital shall be on a basis consistent with the methodology\\ndeveloped for the elimination of short stay patient costs in accordance\\nwith subparagraph (iv) of paragraph (c) of subdivision six of this\\nsection plus additions contained in subparagraph (ii) of paragraph (a)\\nof subdivision one of this section on a per diem basis. A short stay\\npatient is defined as an inpatient discharged from the hospital on the\\nsame day of admission, or the day after admission except for those stays\\nwhere the statewide mean length of stay for the diagnosis-related group\\nis less than three days, or whose hospital stay is not greater than\\ntwenty percent of the statewide mean length of stay for the\\ndiagnosis-related group with which the patient is identified, excluding\\nnormal newborn cases and normal deliveries;\\n (e) in cases where a general hospital or distinct unit of a general\\nhospital is not or would not have been reimbursed on a case based\\npayment per diagnosis-related group for inpatient services provided on\\nor before December thirty-first, two thousand one, to beneficiaries of\\ntitle XVIII of the federal social security act (medicare), reimbursement\\nshall be on a per diem basis computed for excluded general hospitals\\nbased on the hospital's reimbursable inpatient operating cost base, or\\nfor excluded distinct units of general hospitals based on the distinct\\nunit's reimbursable inpatient operating cost base, determined in\\naccordance with paragraph (d) of subdivision one of this section,\\nprojected to the applicable rate period by the trend factor determined\\nin accordance with subdivision ten of this section, and increased in\\naccordance with subparagraphs (i), (iii) and (iv) of paragraph (e) of\\nsubdivision one of this section to reflect special additional inpatient\\noperating costs, and adjusted to exclude a factor for operating costs of\\npatients who required an alternate level of care developed consistent\\nwith the provisions of paragraph (h) of this subdivision, and increased\\nfor excluded general hospitals to reflect the product of the group\\ncategory percentage amount applicable for purposes of determining group\\ncategory average inpatient reimbursable operating cost per discharge\\n(price) in the rate period pursuant to paragraph (b) of subdivision five\\nof this section for general hospitals reimbursed on a case based payment\\nper diagnosis-related group applied to such excluded general hospital's\\nadditional cost increases determined in accordance with subparagraph\\n(ii) of paragraph (e) of subdivision one of this section, and adjusted\\non a payor category basis to reflect allocation of malpractice insurance\\ncosts in accordance with the methodology developed pursuant to\\nsubparagraph (ii) of paragraph (h) of subdivision eleven of this\\nsection, for those patients included in the payor categories pursuant to\\nthe provisions of paragraph (a) or (b) of subdivision one of this\\nsection; provided, however, for those patients included in the payor\\ncategories pursuant to the provisions of paragraph (b) of subdivision\\none of this section payment shall be at the per diem payment to the\\nhospital or distinct unit of the hospital for services provided to\\nsubscribers of corporations organized and operating in accordance with\\narticle forty-three of the insurance law, adjusted for uncovered\\nservices, and increased by thirteen percent or by five percent, as the\\ncase may be; provided further, however, for those general hospitals that\\nare not reimbursed on a case-based payment per diagnosis-related group\\nfor inpatient services provided to beneficiaries of title XVIII of the\\nfederal social security act (medicare) as a result of their designation\\nby the secretary of health and human services as a comprehensive cancer\\nhospital or as a result of their status as an acute care exempt\\nchildren's hospital, the base year for determining payments for services\\nin such facilities shall be nineteen hundred eighty-seven, provided,\\nhowever, such hospitals shall be allowed adjustments in rates of payment\\nto reflect costs incurred subsequent to nineteen hundred eighty-seven\\nbut not reflected in such base. Funds received by a general hospital\\nbased on the payment differential in accordance with paragraph (b) of\\nsubdivision one of this section applied pursuant to this paragraph shall\\nbe hospital funds for patient care purposes. For those patients not\\ncovered under the provisions of paragraph (a) or (b) of subdivision one\\nof this section, or who are not covered under the provisions of\\nparagraph (a) of subdivision two of this section, payment shall be on\\nthe basis of the hospital's charge schedule, limited to one hundred\\ntwenty percent of the total per diem payment that would have been made\\nif the patient were included in the payor categories pursuant to the\\nprovisions of paragraph (b) of subdivision one of this section. Rates of\\npayment for excluded general hospitals and excluded distinct units of\\ngeneral hospitals for a rate period shall be increased on a per diem\\nbasis by additions and allowances specified in subparagraphs (ii) and\\n(iii) of paragraph (a) of subdivision one of this section. In adopting\\nregulations for purposes of determining rates of payment for psychiatric\\nservices pursuant to this paragraph, the council and the commissioner\\nshall consider the advice of the commissioner of mental health and may\\ninclude case mix and other adjustments for such rates of payment. The\\ncommissioner of mental health shall study and report on alternative\\nprocedures for the development of rates of payment for inpatient\\npsychiatric care. Such report shall be submitted to the governor, the\\nlegislature and the commissioner of health by January first, nineteen\\nhundred ninety-three. Recommendations for alternative financing shall\\ntake into consideration methods to improve access to inpatient care for\\nseriously mentally ill persons.\\n (e-1) Notwithstanding any inconsistent provision of paragraph (e) of\\nthis subdivision or any other contrary provision of law and subject to\\nthe availability of federal financial participation, per diem rates of\\npayment by governmental agencies for a general hospital or a distinct\\nunit of a general hospital for inpatient psychiatric services that would\\notherwise be subject to the provisions of paragraph (e) of this\\nsubdivision shall, with regard to days of service associated with\\nadmissions occurring on and after April first, two thousand ten, be in\\naccordance with the following:\\n (i) For rate periods on or after April first, two thousand ten, the\\ncommissioner, in consultation with the commissioner of the office of\\nmental health, shall promulgate regulations, and may promulgate\\nemergency regulations, establishing methodologies for determining the\\noperating cost components of rates of payments for services described in\\nthis paragraph. The commissioner may make such adjustments to the\\nmethodology for computing such rates as is necessary to achieve no\\naggregate, net growth in overall Medicaid expenditures related to such\\nrates, as compared to such aggregate expenditures from the prior year.\\nIn determining the updated base year to be utilized pursuant to this\\nsubparagraph, the commissioner shall take into account the base year\\ndetermined in accordance with paragraph (c) of subdivision thirty-five\\nof this section.\\n Furthermore, the commissioner shall establish such rates in\\nconsultation with industry representatives to achieve an appropriate\\nbase year update to the operating cost components of rates of payment\\nfor services described in this paragraph and that takes into account\\nfacility cost, mix of services, and patient specific conditions.\\n (ii) Rates of payment established pursuant to subparagraph (i) of this\\nparagraph shall reflect an aggregate net statewide increase in\\nreimbursement for such services of up to twenty-five million dollars on\\nan annual basis.\\n (iii) Capital cost reimbursement for general hospitals otherwise\\nsubject to the provisions of this paragraph shall remain subject to the\\nprovisions of subdivision eight of this section.\\n (e-2) Notwithstanding any inconsistent provision of paragraph (e) of\\nthis subdivision or any other contrary provision of law and subject to\\nthe availability of federal financial participation, per diem rates of\\npayment by governmental agencies for inpatient services provided by a\\ngeneral hospital or a distinct unit of a general hospital for services,\\nas described below, that would otherwise be subject to the provisions of\\nparagraph (e) of this subdivision, shall, with regard to days of service\\noccurring on and after December first, two thousand nine, be in accord\\nwith the following:\\n (i) For physical medical rehabilitation services and for chemical\\ndependency rehabilitation services, the operating cost component of such\\nrates shall reflect the use of two thousand five operating costs for\\neach respective category of services as reported by each facility to the\\ndepartment prior to July first, two thousand nine and as adjusted for\\ninflation pursuant to paragraph (c) of subdivision ten of this section,\\nas otherwise modified by any applicable statute, provided, however, that\\nsuch two thousand five reported operating costs, but not including\\nreported direct medical education cost, shall, for rate-setting\\npurposes, be held to a ceiling of one hundred ten percent of the average\\nof such reported costs in the region in which the facility is located,\\nas determined pursuant to clause (E) of subparagraph (iv) of paragraph\\n(1) of this subdivision; and provided, further, that for physical\\nmedical rehabilitation services, the commissioner is authorized to make\\nadjustments to such rates for the purposes of reimbursing pediatric\\nventilator services.\\n (ii) For services provided by rural hospitals designated as critical\\naccess hospitals in accordance with title XVIII of the federal social\\nsecurity act, the operating cost component of such rates shall reflect\\nthe use of two thousand five operating costs as reported by each\\nfacility to the department prior to July first, two thousand nine and as\\nadjusted for inflation pursuant to paragraph (c) of subdivision ten of\\nthis section, as otherwise modified by any applicable statutes,\\nprovided, however, that such two thousand five reported operating costs\\nshall, for rate-setting purposes, be held to a ceiling of one hundred\\nten percent of the average of such reported costs for all such\\ndesignated hospitals statewide.\\n (iii) For inpatient services provided by specialty long term acute\\ncare hospitals and for inpatient services provided by cancer hospitals\\nas so designated as of December thirty-first, two thousand eight, the\\noperating cost component of such rates shall reflect the use of two\\nthousand five operating costs for each respective category of facility\\nas reported by each facility to the department prior to July first, two\\nthousand nine and as adjusted for inflation pursuant to paragraph (c) of\\nsubdivision ten of this section, as otherwise modified by any applicable\\nstatutes.\\n (iv) For facilities designated by the federal department of health and\\nhuman services as exempt acute care children's hospitals as of December\\nthirty-first, two thousand eight, for which a discrete institutional\\ncost report was filed for the two thousand seven calendar year, and\\nwhich has reported Medicaid discharges greater than fifty percent of\\ntotal discharges in such cost report, shall be determined in accordance\\nwith the following:\\n (A) The operating cost component of such rates shall reflect the use\\nof two thousand seven operating costs as reported by each facility to\\nthe department prior to July first, two thousand nine and as adjusted\\nfor the inflation pursuant to paragraph (c) of subdivision ten of this\\nsection, as otherwise modified by any applicable statutes, and as\\nfurther adjusted as the commissioner deems appropriate, including\\ntransition adjustments. Such rates shall be determined on a per case\\nbasis or per diem basis, as set forth in regulations promulgated by the\\ncommissioner.\\n (B) The operating component of outpatient specialty rates of hospitals\\nsubject to this subparagraph shall reflect the use of two thousand seven\\noperating costs as reported to the department prior to December first,\\ntwo thousand eight, and shall include such adjustments as the\\ncommissioner deems appropriate.\\n (C) The base period reported operating costs used to establish\\ninpatient and outpatient rates determined pursuant to this subparagraph\\nshall be updated no less frequently than every two years and each such\\nhospital shall submit such additional data as the commissioner may\\nrequire to assist in the development of ambulatory patient groups (APGs)\\nrates for such hospitals' outpatient specialty services.\\n (D) Notwithstanding any other provisions of law to the contrary and\\nsubject to the availability of federal financial participation, for all\\nrate periods on and after April first, two thousand fourteen, the\\noperating component of outpatient specialty rates of hospitals subject\\nto this subparagraph shall be determined by the commissioner pursuant to\\nregulations, including emergency regulations, and in consultation with\\nsuch specialty outpatient facilities, provided however, that for the\\nperiod beginning October first, two thousand thirteen through September\\nthirtieth, two thousand fourteen, services provided to patients enrolled\\nin medicaid managed care shall be paid by the medicaid managed care\\nplans at no less than the otherwise applicable medicaid fee-for-service\\nrates, as computed in accordance with clause (B) of this subparagraph\\nfor the period beginning October first, two thousand thirteen through\\nMarch thirty-first, two thousand fourteen and as computed in accordance\\nwith this clause for the period beginning April first, two thousand\\nfourteen through September thirtieth, two thousand fourteen.\\n (E) For facilities subject to the provisions of this subparagraph, the\\ndepartment shall examine the feasibility of reimbursing such facilities\\nfor services provided to children eligible for medical assistance on a\\nnon-fee-for-service basis. For purposes of this clause,\\n\"non-fee-for-service\" shall be defined as an alternative payment method\\nto bundle certain services rendered by such facility, including\\ninpatient, outpatient, specialty outpatient and physician services, in\\namounts determined by the commissioner. The department shall examine:\\n (a) what services could be provided pursuant to the\\nnon-fee-for-service basis;\\n (b) how to ensure, for children enrolled in Medicaid managed care,\\nthat their health plans can continue to assist in the coordination of\\ntheir care, particularly upon discharge from inpatient, outpatient or\\nspecialty outpatient services; and\\n (c) whether incentives should be incorporated for meeting quality\\nbenchmarks or achieving efficiencies in the delivery and coordination of\\ncare or whether other means should be considered to achieve these\\nobjectives.\\n The department shall provide a report of its findings and\\nrecommendations to the governor and legislature no later than March\\nfirst, two thousand fifteen.\\n (v) Rates established pursuant to this paragraph shall be deemed as\\nexcluding reimbursement for physician services for inpatient services\\nand claims for Medicaid fee payments for such physician services for\\nsuch inpatient care may be submitted separately from the rate in\\naccordance with otherwise applicable law.\\n (vi) Capital cost reimbursement for general hospitals otherwise\\nsubject to the provisions of this paragraph shall remain subject to the\\nprovisions of subdivision eight of this section.\\n (vii) The commissioner may promulgate regulations, including emergency\\nregulations, implementing the provisions of this paragraph, and,\\nfurther, such regulations may provide for an update of the base year\\ncosts and statistics used to compute such rates, provided, however, that\\nsuch base year update shall take effect no earlier than April first, two\\nthousand fifteen, and provided further, however, that the commissioner\\nmay make such adjustments to such utilization and to the methodology for\\ncomputing such rates as is necessary to achieve no aggregate, net growth\\nin overall Medicaid expenditures related to such rates, as compared to\\nsuch aggregate expenditures from the prior year. In determining the\\nupdated base year to be utilized pursuant to this subparagraph, the\\ncommissioner shall take into account the base year determined in\\naccordance with paragraph (c) of subdivision thirty-five of this\\nsection.\\n (viii) The operating cost component of rates of payment pursuant to\\nthis paragraph for a general hospital or distinct unit of a general\\nhospital without adequate cost experience shall be based on the lower of\\nthe facility's or unit's inpatient budgeted operating costs per day,\\nadjusted to actual, or the applicable regional ceiling, if any.\\n (ix) The operating cost component of inpatient medicaid rates subject\\nto subparagraphs (i), (ii) and (iii) of this paragraph shall, with\\nregard to alternative level of care (ALC) days of care be subject to\\ncomputation pursuant to paragraph (h) of this subdivision.\\n * (f) where a general hospital having two hundred or less certified\\nacute care beds, based on the total number of inpatient acute care beds\\nfor which such general hospital is certified pursuant to the operating\\ncertificate issued for such general hospital in accordance with section\\ntwenty-eight hundred five of this article in effect on June thirtieth,\\nnineteen hundred ninety, is classified as a rural hospital for purposes\\nof determining payment for inpatient services provided to beneficiaries\\nof title XVIII of the federal social security act (medicare) or under\\nstate regulations, such general hospital may at its option have its\\nreimbursable inpatient operating cost component of case based rates of\\npayment per diagnosis-related group based one hundred percent on the\\ngeneral hospital's hospital-specific average reimbursable inpatient\\noperating cost per discharge determined in accordance with subdivision\\nsix of this section; provided however, commencing April first, nineteen\\nhundred ninety-six the reimbursable inpatient operating cost component\\nof case based rates of payment per diagnosis-related group for patients\\neligible for payments made by state governmental agencies shall be\\nreduced by five percent to encourage improved productivity and\\nefficiency. Such election shall not alter the calculation of the group\\nprice component calculated pursuant to subparagraph (i) of paragraph (a)\\nof subdivision seven of this section;\\n * NB There are 2 par. (f)'s\\n * (f) where a general hospital having two hundred or less certified\\nacute care beds, based on the total number of inpatient acute care beds\\nfor which such general hospital is certified pursuant to the operating\\ncertificate issued for such general hospital in accordance with section\\ntwenty-eight hundred five of this article in effect on June thirtieth,\\nnineteen hundred ninety, is classified as a rural hospital for purposes\\nof determining payment for inpatient services provided to beneficiaries\\nof title XVIII of the federal social security act (medicare) or under\\nstate regulations, such general hospital may at its option have its\\nreimbursable inpatient operating cost component of case based rates of\\npayment per diagnosis-related group based one hundred percent on the\\ngeneral hospital's hospital-specific average reimbursable inpatient\\noperating cost per discharge determined in accordance with subdivision\\nsix of this section; provided however,\\n (i) commencing April first, nineteen hundred ninety-six through July\\nthirty-first, nineteen hundred ninety-six, the reimbursable inpatient\\noperating cost component of case based rates of payment per\\ndiagnosis-related group, excluding any operating cost components related\\nto direct and indirect expenses of graduate medical education, for\\npatients eligible for payments made by state governmental agencies shall\\nbe reduced by five percent; and\\n (ii) commencing August first, nineteen hundred ninety-six through\\nMarch thirty-first, nineteen hundred ninety-seven, the reimbursable\\ninpatient operating cost component of case based rates of payment per\\ndiagnosis-related group, excluding any operating cost components related\\nto direct and indirect expenses of graduate medical education, for\\npatients eligible for payments made by state governmental agencies shall\\nbe reduced by two and five-tenths percent; and\\n (iii) commencing April first, nineteen hundred ninety-seven through\\nMarch thirty-first, nineteen hundred ninety-nine and commencing July\\nfirst, nineteen hundred ninety-nine through March thirty-first, two\\nthousand and April first, two thousand through March thirty-first, two\\nthousand five and for periods commencing April first, two thousand five\\nthrough March thirty-first, two thousand six and for periods commencing\\non and after April first, two thousand six through March thirty-first,\\ntwo thousand seven, and for periods commencing on and after April first,\\ntwo thousand seven through March thirty-first, two thousand nine, and\\nfor periods commencing on and after April first, two thousand nine\\nthrough March thirty-first, two thousand eleven, the reimbursable\\ninpatient operating cost component of case based rates of payment per\\ndiagnosis-related group, excluding any operating cost components related\\nto direct and indirect expenses of graduate medical education, for\\npatients eligible for payments made by state governmental agencies shall\\nbe reduced by three and thirty-three hundredths percent to encourage\\nimproved productivity and efficiency. Such election shall not alter the\\ncalculation of the group price component calculated pursuant to\\nsubparagraph (i) of paragraph (a) of subdivision seven of this section;\\n * NB Effective until December 31, 2020\\n * (f) where a general hospital having two hundred or less certified\\nacute care beds, based on the total number of inpatient acute care beds\\nfor which such general hospital is certified pursuant to the operating\\ncertificate issued for such general hospital in accordance with section\\ntwenty-eight hundred five of this article in effect on June thirtieth,\\nnineteen hundred ninety, is classified as a rural hospital for purposes\\nof determining payment for inpatient services provided to beneficiaries\\nof title XVIII of the federal social security act (medicare) or under\\nstate regulations, such general hospital may at its option have its\\nreimbursable inpatient operating cost component of case based rates of\\npayment per diagnosis-related group based one hundred percent on the\\ngeneral hospital's hospital-specific average reimbursable inpatient\\noperating cost per discharge determined in accordance with subdivision\\nsix of this section; provided however,\\n (i) commencing April first, nineteen hundred ninety-six through July\\nthirty-first, nineteen hundred ninety-six, the reimbursable inpatient\\noperating cost component of case based rates of payment per\\ndiagnosis-related group, excluding any operating cost components related\\nto direct and indirect expenses of graduate medical education, for\\npatients eligible for payments made by state governmental agencies shall\\nbe reduced by five percent; and\\n (ii) commencing August first, nineteen hundred ninety-six through\\nMarch thirty-first, nineteen hundred ninety-seven, the reimbursable\\ninpatient operating cost component of case based rates of payment per\\ndiagnosis-related group, excluding any operating cost components related\\nto direct and indirect expenses of graduate medical education, for\\npatients eligible for payments made by state governmental agencies shall\\nbe reduced by two and five-tenths percent; and\\n (iii) commencing April first, nineteen hundred ninety-seven through\\nMarch thirty-first, nineteen hundred ninety-nine and commencing July\\nfirst, nineteen hundred ninety-nine through March thirty-first, two\\nthousand, the reimbursable inpatient operating cost component of case\\nbased rates of payment per diagnosis-related group, excluding any\\noperating cost components related to direct and indirect expenses of\\ngraduate medical education, for patients eligible for payments made by\\nstate governmental agencies shall be reduced by three and thirty-three\\nhundredths percent to encourage improved productivity and efficiency.\\nSuch election shall not alter the calculation of the group price\\ncomponent calculated pursuant to subparagraph (i) of paragraph (a) of\\nsubdivision seven of this section;\\n * NB Effective and expires December 31, 2020\\n * (f) where a general hospital having two hundred or less certified\\nacute care beds, based on the total number of inpatient acute care beds\\nfor which such general hospital is certified pursuant to the operating\\ncertificate issued for such general hospital in accordance with section\\ntwenty-eight hundred five of this article in effect on June thirtieth,\\nnineteen hundred ninety, is classified as a rural hospital for purposes\\nof determining payment for inpatient services provided to beneficiaries\\nof title XVIII of the federal social security act (medicare) or under\\nstate regulations, such general hospital may at its option have its\\nreimbursable inpatient operating cost component of case based rates of\\npayment per diagnosis-related group based one hundred percent on the\\ngeneral hospital's hospital-specific average reimbursable inpatient\\noperating cost per discharge determined in accordance with subdivision\\nsix of this section. Such election shall not alter the calculation of\\nthe group price component calculated pursuant to subparagraph (i) of\\nparagraph (a) of subdivision seven of this section;\\n * NB Effective December 31, 2020\\n * NB There are 2 par (f)'s\\n (g) in cases where general hospitals or distinct units of general\\nhospitals, other than those specified in paragraphs (e) and (f) of this\\nsubdivision, may be excluded from case based payments or receive an\\nadjustment to case based payment rates. An exclusion or adjustment shall\\nbe provided only where the council, subject to the approval of the\\ncommissioner, determines that the case based rates of payment determined\\nin accordance with this section would not reflect medically appropriate\\npatterns of health resource use for such general hospital services\\nefficiently and economically provided. If an exclusion is provided, then\\nthe reimbursement provisions contained in paragraph (e) of this\\nsubdivision shall apply. The commissioner shall provide to the council\\nan analysis of the effect of case based payments on rural general\\nhospitals and the council, subject to the above criteria and the\\napproval of the commissioner, may exclude for any of the annual rate\\nperiods beginning on or after January first, nineteen hundred\\neighty-eight any of these general hospitals from case based payments or\\nprovide an adjustment to the case based payments in addition to that\\nauthorized in accordance with paragraph (f) of this subdivision;\\n (h) where alternate level of care (ALC) days are provided, a factor as\\ndetermined in subparagraph (i) of this paragraph for the costs of these\\npatients in a general hospital shall not be included in computations\\nrelating to the determination of general hospital case based rates of\\npayment pursuant to this section. Alternate level of care days shall be\\ndays of care provided by a general hospital to a patient for whom it has\\nbeen determined that inpatient hospital services are not medically\\nnecessary, but that post-hospital extended care services are medically\\nnecessary and are being provided by the general hospital. Separate rates\\nof payment shall be established for such patients based on the level of\\ncare required and shall reflect: (i) operating costs based on the\\nnineteen hundred eighty-seven regional average operating cost component\\nof rates of payment for hospital based residential health care\\nfacilities determined in accordance with section twenty-eight hundred\\neight of this article and trended to the rate period, and (ii) additions\\ncontained in subparagraph (iii) of paragraph (a) of subdivision one of\\nthis section. In the event that federal financial participation in\\npayments made for beneficiaries eligible for medical assistance under\\ntitle XIX of the federal social security act based upon the rates\\ncalculated in accordance with this paragraph is not approved by the\\nfederal government, the council subject to the approval of the\\ncommissioner shall adopt regulations for such payments;\\n (i) if diagnosis-related groups are not adjusted or established in\\naccordance with paragraph (a) of subdivision three of this section for\\nservices to acquired immune deficiency syndrome (AIDS) patients, then\\ngeneral hospitals shall receive separate payments for these patients\\nbased on regulations adopted by the council and approved by the\\ncommissioner;\\n (j) where general hospitals or distinct units of general hospitals are\\nexcluded from or receive an adjustment to case based payments per\\ndiagnosis-related group in accordance with paragraph (e), (f) or (g) of\\nthis subdivision, reimbursement shall continue to be calculated in\\naccordance with such paragraph until the beginning of the rate period\\nimmediately following the date when the general hospital or the distinct\\nunit of the general hospital is no longer excluded from or no longer\\nreceives an adjustment to case based payments per diagnosis-related\\ngroup for inpatient services provided to beneficiaries of title XVIII of\\nthe federal social security act (medicare), or until appropriate\\ndiagnosis-related groups have been developed for the specialized service\\nprovided by the general hospital or distinct unit of the general\\nhospital, pursuant to paragraph (a) of subdivision three of this\\nsection; and\\n * (k) for facilities designated by the federal department of health\\nand human services as an exempt acute care children's hospital, payment\\neffective January first, nineteen hundred ninety-four will be based upon\\na hospital specific case payment amount inclusive of high cost and high\\nlength of stay outlier costs. The nineteen hundred eighty-seven base\\nyear cost, trended, volume adjusted and case mix adjusted where\\napplicable to nineteen hundred ninety-two, trended will be utilized to\\ndetermine the rate of payment effective January first, nineteen hundred\\nninety-four. Commencing April first, nineteen hundred ninety-six, the\\noperating cost component of rates of payment for patients eligible for\\npayments made by a state governmental agency shall be reduced by five\\npercent to encourage improved productivity and efficiency. The facility\\nwill be eligible to receive the financial incentives for the physician\\nspecialty weighting incentive towards primary care pursuant to\\nsubparagraph (ii) of paragraph (a) of subdivision twenty-five of this\\nsection.\\n * NB There are 2 par (k)'s\\n * (k) for facilities designated by the federal department of health\\nand human services as an exempt acute care children's hospital, payment\\neffective January first, nineteen hundred ninety-four will be based upon\\na hospital specific case payment amount inclusive of high cost and high\\nlength of stay outlier costs. The nineteen hundred eighty-seven base\\nyear cost, trended, volume adjusted and case mix adjusted where\\napplicable to nineteen hundred ninety-two, trended will be utilized to\\ndetermine the rate of payment effective January first, nineteen hundred\\nninety-four.\\n (i) Commencing April first, nineteen hundred ninety-six through July\\nthirty-first, nineteen hundred ninety-six, the operating cost component\\nof rates of payment, excluding any operating cost components related to\\ndirect and indirect expenses of graduate medical education, for patients\\neligible for payments made by a state governmental agency shall be\\nreduced by five percent; and\\n (ii) commencing August first, nineteen hundred ninety-six through\\nMarch thirty-first, nineteen hundred ninety-seven the operating cost\\ncomponent of rates of payment, excluding any operating cost components\\nrelated to direct and indirect expenses of graduate medical education,\\nfor patients eligible for payments made by a state governmental agency\\nshall be reduced by two and five-tenths percent; and\\n (iii) commencing April first, nineteen hundred ninety-seven through\\nMarch thirty-first, nineteen hundred ninety-nine and commencing July\\nfirst, nineteen hundred ninety-nine through March thirty-first, two\\nthousand and April first, two thousand through March thirty-first, two\\nthousand five and commencing April first, two thousand five through\\nMarch thirty-first, two thousand six, and for periods commencing on and\\nafter April first, two thousand six through March thirty-first, two\\nthousand seven, and for periods commencing on and after April first, two\\nthousand seven through March thirty-first, two thousand nine, and for\\nperiods commencing on and after April first, two thousand nine through\\nMarch thirty-first, two thousand eleven, the operating cost component of\\nrates of payment, excluding any operating cost components related to\\ndirect and indirect expenses of graduate medical education, for patients\\neligible for payments made by a state governmental agency shall be\\nreduced by three and thirty-three hundredths percent to encourage\\nimproved productivity and efficiency. The facility will be eligible to\\nreceive the financial incentives for the physician specialty weighting\\nincentive towards primary care pursuant to subparagraph (ii) of\\nparagraph (a) of subdivision twenty-five of this section.\\n * NB Effective until December 31, 2020\\n * (k) for facilities designated by the federal department of health\\nand human services as an exempt acute care children's hospital, payment\\neffective January first, nineteen hundred ninety-four will be based upon\\na hospital specific case payment amount inclusive of high cost and high\\nlength of stay outlier costs. The nineteen hundred eighty-seven base\\nyear cost, trended, volume adjusted and case mix adjusted where\\napplicable to nineteen hundred ninety-two, trended will be utilized to\\ndetermine the rate of payment effective January first, nineteen hundred\\nninety-four.\\n (i) Commencing April first, nineteen hundred ninety-six through July\\nthirty-first, nineteen hundred ninety-six, the operating cost component\\nof rates of payment, excluding any operating cost components related to\\ndirect and indirect expenses of graduate medical education for patients\\neligible for payments made by a state governmental agency shall be\\nreduced by five percent; and\\n (ii) commencing August first, nineteen hundred ninety-six through\\nMarch thirty-first, nineteen hundred ninety-seven the operating cost\\ncomponent of rates of payment, excluding any operating cost components\\nrelated to direct and indirect expenses of graduate medical education,\\nfor patients eligible for payments made by a state governmental agency\\nshall be reduced by two and five-tenths percent; and\\n (iii) commencing April first, nineteen hundred ninety-seven through\\nMarch thirty-first, nineteen hundred ninety-nine and commencing July\\nfirst, nineteen hundred ninety-nine through March thirty-first, two\\nthousand, the operating cost component of rates of payment, excluding\\nany operating cost components related to direct and indirect expenses of\\ngraduate medical education, for patients eligible for payments made by a\\nstate governmental agency shall be reduced by three and thirty-three\\nhundredths percent to encourage improved productivity and efficiency.\\nThe facility will be eligible to receive the financial incentives for\\nthe physician specialty weighting incentive towards primary care\\npursuant to subparagraph (ii) of paragraph (a) of subdivision\\ntwenty-five of this section.\\n * NB Effective and expires December 31, 2020\\n * (k) for facilities designated by the federal department of health\\nand human services as an exempt acute care children's hospital, payment\\neffective January first, nineteen hundred ninety-four will be based upon\\na hospital specific case payment amount inclusive of high cost and high\\nlength of stay outlier costs. The nineteen hundred eighty-seven base\\nyear cost, trended, volume adjusted and case mix adjusted where\\napplicable to nineteen hundred ninety-two, trended will be utilized to\\ndetermine the rate of payment effective January first, nineteen hundred\\nninety-four. The facility will be eligible to receive the financial\\nincentives for the physician specialty weighting incentive towards\\nprimary care pursuant to subparagraph (ii) of paragraph (a) of\\nsubdivision twenty-five of this section.\\n * NB Effective December 31, 2020\\n * NB There are 2 par (k)'s\\n (l) Notwithstanding any inconsistent provision of this section and\\nsubject to the availability of federal financial participation, rates of\\npayment by governmental agencies for general hospitals which are\\ncertified by the office of alcoholism and substance abuse services to\\nprovide inpatient detoxification and withdrawal services and, with\\nregard to inpatient services provided to patients discharged on and\\nafter December first, two thousand eight and who are determined to be in\\ndiagnosis-related groups as defined by the commissioner and published on\\nthe New York state department of health website, shall be made on a per\\ndiem basis in accordance with the following:\\n (i) for the period December first, two thousand eight through March\\nthirty-first, two thousand nine, seventy-five percent of the operating\\ncost component of such rates of payments shall reflect the operating\\ncost component of rates of payment effective for December thirty-first,\\ntwo thousand seven, as adjusted for inflation pursuant to paragraph (c)\\nof subdivision ten of this section, as otherwise modified by any\\napplicable statutes, and twenty-five percent of such rates shall reflect\\nthe use of two thousand six operating costs as reported by each facility\\nto the department prior to two thousand eight and as computed in\\naccordance with the provisions of subparagraph (iv) of this paragraph;\\n (ii) for the period April first, two thousand nine through March\\nthirty-first, two thousand ten, thirty-seven and five tenths percent of\\nthe operating cost component of such rates of payment shall reflect the\\noperating cost component of rates of payment effective December\\nthirty-first, two thousand seven, as adjusted for inflation pursuant to\\nparagraph (c) of subdivision ten of this section, as otherwise modified\\nby any applicable statutes, and sixty-two and five tenths percent of\\nsuch rates of payment shall reflect the use of two thousand six\\noperating costs as reported by each facility to the department prior to\\ntwo thousand eight and as computed in accordance with the provisions of\\nsubparagraph (iv) of this paragraph;\\n (iii) for periods on and after April first, two thousand ten, one\\nhundred percent of the operating cost component of such rates of payment\\nshall reflect the use of two thousand six operating costs as reported to\\nthe department prior to two thousand eight and as computed in accordance\\nwith the provisions of subparagraph (iv) of this paragraph.\\n (iv) rates of payment computed in accordance with this paragraph and\\nreflecting the use of two thousand six base year operating costs shall\\nbe in accord with the following, provided, however that the commissioner\\nmay establish criteria under which reimbursement may be provided at\\nhigher percentages and for longer periods.\\n (A) For each of the regions within the state as described in clause\\n(E) of this subparagraph the commissioner shall determine the average\\nper diem cost incurred by general hospitals in that region subject to\\nthe provisions of this paragraph with regard to inpatients requiring\\nmedically managed detoxification services, as defined by applicable\\nregulations promulgated by the office of alcoholism and substance abuse\\nservices. In determining such costs the commissioner shall utilize two\\nthousand six costs and statistics as reported by such hospitals to the\\ndepartment prior to two thousand eight.\\n (B) Per diem payments for inpatients requiring medically managed\\ninpatient detoxification services shall reflect one hundred percent of\\nthe per diem amounts computed pursuant to clause (A) of this\\nsubparagraph for the applicable region in which the facility is located\\nand as trended forward to adjust for inflation, provided however, that\\nsuch payments shall be reduced by fifty percent for any such services\\nprovided on or after the sixth day of services through the tenth day of\\nservices, and further provided that no payments shall be made for any\\nservices provided on or after the eleventh day.\\n (C) Per diem payments for inpatients requiring medically supervised\\nwithdrawal services, as defined by applicable regulations promulgated by\\nthe office of alcoholism and substance abuse services, shall reflect one\\nhundred percent of the per diem amounts computed pursuant to clause (A)\\nof this subparagraph for the applicable region in which the facility is\\nlocated for the period January first, two thousand nine through December\\nthirty-first, two thousand nine, and as trended forward to adjust for\\ninflation, and shall reflect seventy-five percent of such per diem\\namounts for periods on and after January first, two thousand ten, as\\ntrended forward to adjust for inflation, provided, however, that such\\npayments shall be reduced by fifty percent for any services provided on\\nor after the sixth day of services through the tenth day of services,\\nand further provided that no payments shall be made for any services\\nprovided on and after the eleventh day.\\n (D) Per diem payments for inpatients placed in observation beds, as\\ndefined by applicable regulations promulgated by the office of\\nalcoholism and substance abuse services, shall be at the same level as\\nwould be paid pursuant to clause (A) of this paragraph, provided,\\nhowever, that such payments shall not apply for more than two days of\\ncare, after which payments for such inpatients shall reflect their\\ndesignation as requiring either medically managed detoxification\\nservices or medically supervised withdrawal services, and further\\nprovided that days of care provided in such observation beds shall, for\\nreimbursement purposes, be fully reflected in the computation of the\\ninitial five days of care as set forth in clauses (A) and (B) of this\\nsubparagraph.\\n (E) For the purposes of this paragraph, the regions of the state shall\\nbe as follows:\\n (I) New York city, consisting of the counties of Bronx, New York,\\nKings, Queens and Richmond;\\n (II) Long Island, consisting of the counties of Nassau and Suffolk;\\n (III) Northern metropolitan, consisting of the counties of Columbia,\\nDelaware, Dutchess, Orange, Putnam, Rockland, Sullivan, Ulster and\\nWestchester;\\n (IV) Northeast, consisting of the counties of Albany, Clinton, Essex,\\nFulton, Greene, Hamilton, Montgomery, Rensselaer, Saratoga, Schenectady,\\nSchoharie, Warren and Washington;\\n (V) Utica/Watertown, consisting of the counties of Franklin, Herkimer,\\nLewis, Oswego, Otsego, St. Lawrence, Jefferson, Chenango, Madison and\\nOneida;\\n (VI) Central, consisting of the counties of Broome, Cayuga, Chemung,\\nCortland, Onondaga, Schuyler, Seneca, Steuben, Tioga and Tompkins;\\n (VII) Rochester, consisting of Monroe, Ontario, Livingston, Wayne and\\nYates;\\n (VIII) Western, consisting of the counties of Allegany, Cattaraugus,\\nChautauqua, Erie, Genesee, Niagara, Orleans and Wyoming.\\n (F) Capital cost reimbursement for general hospitals otherwise subject\\nto the provisions of this paragraph shall remain subject to the\\nprovisions of subdivision eight of this section.\\n (v) the commissioner may promulgate regulations, including emergency\\nregulations, providing for an update of the base year costs and\\nstatistics used to compute rates of payment pursuant to this paragraph,\\nprovided, however, that such base year update shall take effect no\\nearlier than April first, two thousand fifteen, and provided further,\\nhowever, that the commissioner may make such adjustments to such\\nutilization and to the methodology for computing such rates as is\\nnecessary to achieve no aggregate, net growth in overall Medicaid\\nexpenditures related to such rates, as compared to such aggregate\\nexpenditures from the prior year. In determining the updated base year\\nto be utilized pursuant to this subparagraph, the commissioner shall\\ntake into account the base year determined in accordance with paragraph\\n(c) of subdivision thirty-five of this section.\\n 5. Reimbursable inpatient operating cost component. (a) The\\nreimbursable inpatient operating cost component of case based rates of\\npayment per diagnosis-related group for general hospital inpatient\\nhospital services shall be the product of the average reimbursable\\ninpatient operating cost per discharge determined in accordance with\\nparagraph (b) of this subdivision, adjusted by a third-party payor of\\nhospital services for uncovered services by such payor, and the\\nweighting factors determined in accordance with paragraph (c) of\\nsubdivision three of this section.\\n (b) (i) For the rate year January first, nineteen hundred eighty-eight\\nthrough December thirty-first, nineteen hundred eighty-eight, average\\nreimbursable inpatient operating cost per discharge shall be a composite\\nsum of no less than ninety percent of the general hospital's\\nhospital-specific average reimbursable inpatient operating cost per\\ndischarge determined in accordance with paragraph (a) of subdivision six\\nof this section and a percentage amount not to exceed ten percent of the\\ngeneral hospital's group category average inpatient reimbursable\\noperating cost per discharge (price) determined in accordance with\\nparagraph (a) of subdivision seven of this section such that the\\ncomposite sum equals one hundred percent.\\n (ii) For the rate year commencing January first, nineteen hundred\\neighty-nine, average reimbursable inpatient operating cost per discharge\\nshall be a composite sum of no less than seventy-five percent of the\\ngeneral hospital's hospital-specific average reimbursable inpatient\\noperating cost per discharge determined in accordance with paragraph (a)\\nof subdivision six of this section and a percentage amount not to exceed\\ntwenty-five percent of the general hospital's group category average\\ninpatient reimbursable operating cost per discharge (price) determined\\nin accordance with paragraph (a) of subdivision seven of this section,\\nsuch that the composite sum equals one hundred percent.\\n (iii) Except as provided in clause (C) of this subparagraph, for\\nannual rate years commencing on or after January first, nineteen hundred\\nninety, average reimbursable inpatient operating cost per discharge\\nshall be a composite sum of no less than forty-five percent of the\\ngeneral hospital's hospital-specific average reimbursable inpatient\\noperating cost per discharge determined in accordance with paragraph (a)\\nof subdivision six of this section and a percentage amount not to exceed\\nfifty-five percent of the general hospital's group category average\\ninpatient reimbursable operating cost per discharge (price) determined\\nin accordance with paragraph (a) of subdivision seven of this section,\\nsuch that the composite sum equals one hundred percent.\\n ** (A) Except as provided in clause (B) of this subparagraph and\\nsubparagraph (iv) of this paragraph, for annual rate years commencing on\\nor after January first, nineteen hundred ninety, average reimbursable\\ninpatient operating cost per discharge shall be a composite sum of no\\nless than forty-five percent of the general hospital's hospital-specific\\naverage reimbursable inpatient operating cost per discharge determined\\nin accordance with paragraph (a) of subdivision six of this section and\\na percentage amount not to exceed fifty-five percent of the general\\nhospital's group category average inpatient reimbursable operating cost\\nper discharge (price) determined in accordance with paragraph (a) of\\nsubdivision seven of this section, such that the composite sum equals\\none hundred percent.\\n ** NB There are 2 clause (A)'s\\n ** (A) Except as provided in clauses (B) and (C) of this subparagraph\\nand subparagraphs (iv), (v) and (vi) of this paragraph, for annual rate\\nyears commencing on or after January first, nineteen hundred ninety,\\naverage reimbursable inpatient operating cost per discharge shall be a\\ncomposite sum of no less than forty-five percent of the general\\nhospital's hospital-specific average reimbursable inpatient operating\\ncost per discharge determined in accordance with paragraph (a) of\\nsubdivision six of this section and a percentage amount not to exceed\\nfifty-five percent of the general hospital's group category average\\ninpatient reimbursable operating cost per discharge (price) determined\\nin accordance with paragraph (a) of subdivision seven of this section,\\nsuch that the composite sum equals one hundred percent.\\n ** NB Effective until December 31, 2020\\n ** (A) Except as provided in clause (B) of this subparagraph, for\\nannual rate years commencing on or after January first, nineteen hundred\\nninety, average reimbursable inpatient operating cost per discharge\\nshall be a composite sum of no less than forty-five percent of the\\ngeneral hospital's hospital-specific average reimbursable inpatient\\noperating cost per discharge determined in accordance with paragraph (a)\\nof subdivision six of this section and a percentage amount not to exceed\\nfifty-five percent of the general hospital's group category average\\ninpatient reimbursable operating cost per discharge (price) determined\\nin accordance with paragraph (a) of subdivision seven of this section,\\nsuch that the composite sum equals one hundred percent.\\n ** NB Effective December 31, 2020\\n ** NB There are 2 clause (A)'s\\n * (B) For discharges on or after April first, nineteen hundred\\nninety-five for purposes of reimbursement of inpatient hospital services\\nfor patients eligible for payments made by state governmental agencies\\nassigned to one of the twenty most common diagnosis-related groups for\\nall general hospitals, the average reimbursable inpatient operating cost\\nper discharge of a general hospital shall be the lower of (I) the amount\\ndetermined in accordance with clause (A) of this subparagraph or (II)\\nthe average amount determined in accordance with clause (A) of this\\nsubparagraph for all general hospitals in the group category to which\\nthe hospital is assigned. The twenty most common diagnosis-related\\ngroups shall be determined using discharge data for the year two years\\nprior to the rate year for all general hospitals, excluding\\nbeneficiaries of title XVIII of the federal social security act\\n(medicare) and patients assigned to diagnosis related groups for human\\nimmunodeficiency virus (HIV) infection, acquired immune deficiency\\nsyndrome, alcohol/drug use or alcohol/drug induced organic mental\\ndisorders, and exempt unit or exempt hospital patients.\\n * NB Expired March 31, 2011\\n * (C) (I) For discharges on or after July first, two thousand six\\nthrough December thirty-first, two thousand six, and subject to the\\navailability of federal financial participation, rates of payment by\\nstate governmental agencies to Westchester medical center shall be\\nincreased by an aggregate amount of twenty-five million dollars to\\nassist the medical center to maintain critically needed health care\\nservices.\\n (II) For discharges on or after January first, two thousand seven\\nthrough December thirty-first, two thousand seven, and subject to the\\navailability of federal financial participation, rates of payment by\\nstate governmental agencies to Westchester medical center shall be\\nincreased by an aggregate amount of twenty-five million dollars to\\nassist the medical center to maintain critically needed health care\\nservices.\\n (III) For discharges on or after January first, two thousand eight\\nthrough December thirty-first, two thousand eight, and subject to the\\navailability of federal financial participation, rates of payment by\\nstate governmental agencies to Westchester medical center shall be\\nincreased by an aggregate amount of twenty-five million dollars to\\nassist the medical center to maintain critically needed health care\\nservices.\\n * NB Expired March 31, 2011\\n * (iv) for discharges on or after April first, nineteen hundred\\nninety-six for purposes of reimbursement of inpatient hospital services\\nfor patients eligible for payments made by state governmental agencies,\\nthe average reimbursable inpatient operating cost per discharge of a\\ngeneral hospital shall be the sum of:\\n (A) the amount determined in accordance with clause (B) of\\nsubparagraph (iii) of this paragraph, excluding the value of direct\\nmedical education expenses, as defined in subparagraph (i) of paragraph\\n(c) of subdivision seven of this section, reflected in the general\\nhospital's hospital-specific average reimbursable inpatient operating\\ncost per discharge and group category average inpatient reimbursable\\noperating cost per discharge, and excluding the value of forty-five\\npercent of the indirect medical education expenses, as defined in\\nsubparagraph (ii) of paragraph (c) of subdivision seven of this section,\\nreflected in the general hospital's hospital specific average\\nreimbursable inpatient operating cost per discharge, and excluding the\\nvalue of fifty-five percent of the indirect medical education expenses\\nreflected in a general hospital's group category average inpatient\\nreimbursable operating cost per discharge in accordance with subdivision\\ntwenty-five of this section as amended;\\n (B) minus five percent of the amount determined in accordance with\\nclause (A) of this subparagraph;\\n (C) plus the value of direct medical education expenses, as defined in\\nsubparagraph (i) of paragraph (c) of subdivision seven of this section,\\nreflected in the general hospital's hospital-specific average\\nreimbursable inpatient operating cost per discharge and group category\\naverage inpatient reimbursable operating cost per discharge;\\n (D) minus five percent of the costs of hospital based physicians\\nreflected in the direct medical education amount determined in\\naccordance with clause (C) of this subparagraph;\\n (E) plus the value of forty-five percent of the indirect medical\\neducation expenses, as defined in subparagraph (ii) of paragraph (c) of\\nsubdivision seven of this section, reflected in the general hospital's\\nhospital-specific average reimbursable inpatient operating cost per\\ndischarge; and\\n (F) plus the value of fifty-five percent of the indirect medical\\neducation expenses reflected in the general hospital's group category\\naverage inpatient operating cost per discharge in accordance with\\nsubdivision twenty-five of this section as amended.\\n * NB There are 3 subpar (iv)'s\\n * (iv) for discharges on or after April first, nineteen hundred\\nninety-six for purposes of reimbursement of inpatient hospital services\\nfor patients eligible for payments made by state governmental agencies,\\nthe average reimbursable inpatient operating cost per discharge of a\\ngeneral hospital shall to encourage improved productivity and efficiency\\nbe the sum of:\\n (A) the amount determined in accordance with clause (B) of\\nsubparagraph (iii) of this paragraph, excluding the value of direct\\nmedical education expenses, as defined in subparagraph (i) of paragraph\\n(c) of subdivision seven of this section, reflected in the general\\nhospital's hospital-specific average reimbursable inpatient operating\\ncost per discharge and group category average inpatient reimbursable\\noperating cost per discharge, and excluding the value of forty-five\\npercent of the indirect medical education expenses, as defined in\\nsubparagraph (ii) of paragraph (c) of subdivision seven of this section,\\nreflected in the general hospital's hospital specific average\\nreimbursable inpatient operating cost per discharge, and excluding the\\nvalue of fifty-five percent of the indirect medical education expenses\\nreflected in a general hospital's group category average inpatient\\nreimbursable operating cost per discharge in accordance with subdivision\\ntwenty-five of this section as amended;\\n (B) minus five percent of the amount determined in accordance with\\nclause (A) of this subparagraph;\\n (C) plus the value of direct medical education expenses, as defined in\\nsubparagraph (i) of paragraph (c) of subdivision seven of this section,\\nreflected in the general hospital's hospital-specific average\\nreimbursable inpatient operating cost per discharge and group category\\naverage inpatient reimbursable operating cost per discharge;\\n (D) minus five percent of the costs of hospital based physicians\\nreflected in the direct medical education amount determined in\\naccordance with clause (C) of this subparagraph;\\n (E) plus the value of forty-five percent of the indirect medical\\neducation expenses, as defined in subparagraph (ii) of paragraph (c) of\\nsubdivision seven of this section, reflected in the general hospital's\\nhospital-specific average reimbursable inpatient operating cost per\\ndischarge; and\\n (F) plus the value of fifty-five percent of the indirect medical\\neducation expenses reflected in the general hospital's group category\\naverage inpatient operating cost per discharge in accordance with\\nsubdivision twenty-five of this section as amended.\\n * NB There are 3 subpar (iv)'s\\n * (iv) for discharges on or after April first, nineteen hundred\\nninety-six through July thirty-first, nineteen hundred ninety-six for\\npurposes of reimbursement of inpatient hospital services for patients\\neligible for payments made by state governmental agencies, the average\\nreimbursable inpatient operating cost per discharge of a general\\nhospital shall, to encourage improved productivity and efficiency, be\\nthe sum of:\\n (A) the amount determined in accordance with clause (B) of\\nsubparagraph (iii) of this paragraph, excluding the value of direct\\nmedical education expenses, as defined in subparagraph (i) of paragraph\\n(c) of subdivision seven of this section, reflected in the general\\nhospital's hospital-specific average reimbursable inpatient operating\\ncost per discharge and group category average inpatient reimbursable\\noperating cost per discharge, and excluding the value of forty-five\\npercent of the indirect medical education expenses, as defined in\\nsubparagraph (ii) of paragraph (c) of subdivision seven of this section,\\nreflected in the general hospital's hospital specific average\\nreimbursable inpatient operating cost per discharge, and excluding the\\nvalue of fifty-five percent of the indirect medical education expenses\\nreflected in a general hospital's group category average inpatient\\nreimbursable operating cost per discharge in accordance with subdivision\\ntwenty-five of this section as amended;\\n (B) minus five percent of the amount determined in accordance with\\nclause (A) of this subparagraph;\\n (C) plus the value of direct medical education expenses, as defined in\\nsubparagraph (i) of paragraph (c) of subdivision seven of this section,\\nreflected in the general hospital's hospital-specific average\\nreimbursable inpatient operating cost per discharge and group category\\naverage inpatient reimbursable operating cost per discharge;\\n (D) minus five percent of the costs of hospital based physicians\\nreflected in the direct medical education amount determined in\\naccordance with clause (C) of this subparagraph;\\n (E) plus the value of forty-five percent of the indirect medical\\neducation expenses, as defined in subparagraph (ii) of paragraph (c) of\\nsubdivision seven of this section, reflected in the general hospital's\\nhospital-specific average reimbursable inpatient operating cost per\\ndischarge; and\\n (F) plus the value of fifty-five percent of the indirect medical\\neducation expenses reflected in the general hospital's group category\\naverage inpatient operating cost per discharge in accordance with\\nsubdivision twenty-five of this section as amended.\\n * NB Expires December 31, 2020\\n * NB There are 3 subpar (iv)'s\\n * (v) for discharges on or after August first, nineteen hundred\\nninety-six through March thirty-first, nineteen hundred ninety-seven for\\npurposes of reimbursement of inpatient hospital services for patients\\neligible for payments made by state governmental agencies, the average\\nreimbursable inpatient operating cost per discharge of a general\\nhospital shall, to encourage improved productivity and efficiency, be\\nthe sum of:\\n (A) the amount determined in accordance with clause (B) of\\nsubparagraph (iii) of this paragraph, excluding the value of direct\\nmedical education expenses, as defined in subparagraph (i) of paragraph\\n(c) of subdivision seven of this section, reflected in the general\\nhospital's hospital-specific average reimbursable inpatient operating\\ncost per discharge and group category average inpatient reimbursable\\noperating cost per discharge, and excluding the value of forty-five\\npercent of the indirect medical education expenses, as defined in\\nsubparagraph (ii) of paragraph (c) of subdivision seven of this section,\\nreflected in the general hospital's hospital specific average\\nreimbursable inpatient operating cost per discharge, and excluding the\\nvalue of fifty-five percent of the indirect medical education expenses\\nreflected in a general hospital's group category average inpatient\\nreimbursable operating cost per discharge in accordance with subdivision\\ntwenty-five of this section as amended;\\n (B) minus two and five-tenths percent of the amount determined in\\naccordance with clause (A) of this subparagraph;\\n (C) plus the value of direct medical education expenses, as defined in\\nsubparagraph (i) of paragraph (c) of subdivision seven of this section,\\nreflected in the general hospital's hospital-specific average\\nreimbursable inpatient operating cost per discharge and group category\\naverage inpatient reimbursable operating cost per discharge;\\n (D) minus two and five-tenths percent of the costs of hospital based\\nphysicians reflected in the direct medical education amount determined\\nin accordance with clause (C) of this subparagraph;\\n (E) plus the value of forty-five percent of the indirect medical\\neducation expenses, as defined in subparagraph (ii) of paragraph (c) of\\nsubdivision seven of this section, reflected in the general hospital's\\nhospital-specific average reimbursable inpatient operating cost per\\ndischarge; and\\n (F) plus the value of fifty-five percent of the indirect medical\\neducation expenses reflected in the general hospital's group category\\naverage inpatient operating cost per discharge in accordance with\\nsubdivision twenty-five of this section as amended.\\n * NB Expires December 31, 2020\\n * (vi) for discharges on or after April first, nineteen hundred\\nninety-seven through March thirty-first, nineteen hundred ninety-nine\\nand for discharges on or after July first, nineteen hundred ninety-nine\\nthrough March thirty-first, two thousand and for discharges on or after\\nApril first, two thousand through March thirty-first, two thousand five\\nand for discharges on or after April first, two thousand five through\\nMarch thirty-first, two thousand six, and for discharges on or after\\nApril first, two thousand six through March thirty-first, two thousand\\nseven, and for discharges on or after April first, two thousand seven\\nthrough March thirty-first, two thousand nine, and for discharges on or\\nafter April first, two thousand nine through March thirty-first, two\\nthousand eleven, for purposes of reimbursement of inpatient hospital\\nservices for patients eligible for payments made by state governmental\\nagencies, the average reimbursable inpatient operating cost per\\ndischarge of a general hospital shall, to encourage improved\\nproductivity and efficiency, be the sum of:\\n (A) the amount determined in accordance with clause (B) of\\nsubparagraph (iii) of this paragraph, excluding the value of direct\\nmedical education expenses, as defined in subparagraph (i) of paragraph\\n(c) of subdivision seven of this section, reflected in the general\\nhospital's hospital-specific average reimbursable inpatient operating\\ncost per discharge and group category average inpatient reimbursable\\noperating cost per discharge, and excluding the value of forty-five\\npercent of the indirect medical education expenses, as defined in\\nsubparagraph (ii) of paragraph (c) of subdivision seven of this section,\\nreflected in the general hospital's hospital-specific average\\nreimbursable inpatient operating cost per discharge, and excluding the\\nvalue of fifty-five percent of the indirect medical education expenses\\nreflected in a general hospital's group category average inpatient\\nreimbursable operating cost per discharge in accordance with subdivision\\ntwenty-five of this section as amended;\\n (B) minus three and thirty-three hundredths percent of the amount\\ndetermined in accordance with clause (A) of this subparagraph;\\n (C) plus the value of direct medical education expenses, as defined in\\nsubparagraph (i) of paragraph (c) of subdivision seven of this section,\\nreflected in the general hospital's hospital-specific average\\nreimbursable inpatient operating cost per discharge and group category\\naverage inpatient reimbursable operating cost per discharge;\\n (D) minus three and thirty-three hundredths percent of the costs of\\nhospital based physicians reflected in the direct medical education\\namount determined in accordance with clause (C) of this subparagraph;\\n (E) plus the value of forty-five percent of the indirect medical\\neducation expenses, as defined in subparagraph (ii) of paragraph (c) of\\nsubdivision seven of this section, reflected in the general hospital's\\nhospital-specific average reimbursable inpatient operating cost per\\ndischarge; and\\n (F) plus the value of fifty-five percent of the indirect medical\\neducation expenses reflected in the general hospital's group category\\naverage inpatient operating cost per discharge in accordance with\\nsubdivision twenty-five of this section as amended.\\n * NB Effective until December 31, 2020\\n * (vi) for discharges on or after April first, nineteen hundred\\nninety-seven through March thirty-first, nineteen hundred ninety-nine\\nand for discharges on or after July first, nineteen hundred ninety-nine\\nthrough March thirty-first, two thousand for purposes of reimbursement\\nof inpatient hospital services for patients eligible for payments made\\nby state governmental agencies, the average reimbursable inpatient\\noperating cost per discharge of a general hospital shall, to encourage\\nimproved productivity and efficiency, be the sum of:\\n (A) the amount determined in accordance with clause (B) of\\nsubparagraph (iii) of this paragraph, excluding the value of direct\\nmedical education expenses, as defined in subparagraph (i) of paragraph\\n(c) of subdivision seven of this section, reflected in the general\\nhospital's hospital-specific average reimbursable inpatient operating\\ncost per discharge and group category average inpatient reimbursable\\noperating cost per discharge, and excluding the value of forty-five\\npercent of the indirect medical education expenses, as defined in\\nsubparagraph (ii) of paragraph (c) of subdivision seven of this section,\\nreflected in the general hospital's hospital-specific average\\nreimbursable inpatient operating cost per discharge, and excluding the\\nvalue of fifty-five percent of the indirect medical education expenses\\nreflected in a general hospital's group category average inpatient\\nreimbursable operating cost per discharge in accordance with subdivision\\ntwenty-five of this section as amended;\\n (B) minus three and thirty-three hundredths percent of the amount\\ndetermined in accordance with clause (A) of this subparagraph;\\n (C) plus the value of direct medical education expenses, as defined in\\nsubparagraph (i) of paragraph (c) of subdivision seven of this section,\\nreflected in the general hospital's hospital-specific average\\nreimbursable inpatient operating cost per discharge and group category\\naverage inpatient reimbursable operating cost per discharge;\\n (D) minus three and thirty-three hundredths percent of the costs of\\nhospital based physicians reflected in the direct medical education\\namount determined in accordance with clause (C) of this subparagraph;\\n (E) plus the value of forty-five percent of the indirect medical\\neducation expenses, as defined in subparagraph (ii) of paragraph (c) of\\nsubdivision seven of this section, reflected in the general hospital's\\nhospital-specific average reimbursable inpatient operating cost per\\ndischarge; and\\n (F) plus the value of fifty-five percent of the indirect medical\\neducation expenses reflected in the general hospital's group category\\naverage inpatient operating cost per discharge in accordance with\\nsubdivision twenty-five of this section as amended.\\n * NB Effective and expires December 31, 2020\\n * (c) Notwithstanding any inconsistent provision of this section,\\ncommencing July first, nineteen hundred ninety-six through March\\nthirty-first, nineteen hundred ninety-nine and July first, nineteen\\nhundred ninety-nine through March thirty-first, two thousand and April\\nfirst, two thousand through March thirty-first, two thousand five and\\nfor periods on and after April first, two thousand five through March\\nthirty-first, two thousand six, and for periods on and after April\\nfirst, two thousand six through March thirty-first, two thousand seven,\\nand for periods on and after April first, two thousand seven through\\nMarch thirty-first, two thousand nine, and for periods on and after\\nApril first, two thousand nine through March thirty-first, two thousand\\neleven, rates of payment for a general hospital for patients eligible\\nfor payments made by state governmental agencies shall be further\\nreduced by the commissioner to encourage improved productivity and\\nefficiency by providers by a factor determined as follows:\\n (i) an aggregate reduction shall be calculated for each general\\nhospital commencing July first, nineteen hundred ninety-six through\\nMarch thirty-first, nineteen hundred ninety-nine and July first,\\nnineteen hundred ninety-nine through March thirty-first, two thousand\\nand April first, two thousand through March thirty-first, two thousand\\nfive and for periods on and after April first, two thousand five through\\nMarch thirty-first, two thousand six, and for periods on and after April\\nfirst, two thousand six through March thirty-first, two thousand seven,\\nand for periods on and after April first, two thousand seven through\\nMarch thirty-first, two thousand nine, and for periods on and after\\nApril first, two thousand nine through March thirty-first, two thousand\\neleven, as the result of (A) eighty-nine million dollars on an\\nannualized basis for each year, multiplied by (B) the ratio of patient\\ndays for patients eligible for payments made by state governmental\\nagencies provided in a base year two years prior to the rate year by a\\ngeneral hospital, divided by the total of such patient days summed for\\nall general hospitals; and\\n (ii) (A) the result for each general hospital shall be allocated to\\nunits within such hospital exempt from case based rates of payment based\\non the ratio of such patient days provided in the exempt unit to the\\ntotal of such patient days provided by the general hospital, and (B) the\\nresult divided by such patient days provided in the exempt unit, for a\\nper diem unit of service reduction in rates of payment for such exempt\\nunit for patients eligible for payments made by state governmental\\nagencies for such general hospital; and\\n (iii) any amount not allocated to exempt units shall be divided by\\ncase based discharges (or for exempt hospitals by patient days) in the\\nbase year two years prior to the rate year for patients eligible for\\npayments made by state governmental agencies, for a per case (or for\\nexempt hospitals a per diem) unit of service reduction in rates of\\npayment for patients eligible for payments made by state governmental\\nagencies for such general hospital.\\n * NB Effective until December 31, 2020\\n * (c) Notwithstanding any inconsistent provision of this section,\\ncommencing July first, nineteen hundred ninety-six through March\\nthirty-first, nineteen hundred ninety-nine and July first, nineteen\\nhundred ninety-nine through March thirty-first, two thousand rates of\\npayment for a general hospital for patients eligible for payments made\\nby state governmental agencies shall be further reduced by the\\ncommissioner to encourage improved productivity and efficiency by\\nproviders by a factor determined as follows:\\n (i) an aggregate reduction shall be calculated for each general\\nhospital commencing July first, nineteen hundred ninety-six through\\nMarch thirty-first, nineteen hundred ninety-nine and July first,\\nnineteen hundred ninety-nine through March thirty-first, two thousand as\\nthe result of (A) eighty-nine million dollars on an annualized basis for\\neach year, multiplied by (B) the ratio of patient days for patients\\neligible for payments made by state governmental agencies provided in a\\nbase year two years prior to the rate year by a general hospital,\\ndivided by the total of such patient days summed for all general\\nhospitals; and\\n (ii) (A) the result for each general hospital shall be allocated to\\nunits within such hospital exempt from case based rates of payment based\\non the ratio of such patient days provided in the exempt unit to the\\ntotal of such patient days provided by the general hospital, and (B) the\\nresult divided by such patient days provided in the exempt unit, for a\\nper diem unit of service reduction in rates of payment for such exempt\\nunit for patients eligible for payments made by state governmental\\nagencies for such general hospital; and\\n (iii) any amount not allocated to exempt units shall be divided by\\ncase based discharges (or for exempt hospitals by patient days) in the\\nbase year two years prior to the rate year for patients eligible for\\npayments made by state governmental agencies, for a per case (or for\\nexempt hospitals a per diem) unit of service reduction in rates of\\npayment for patients eligible for payments made by state governmental\\nagencies for such general hospital.\\n * NB Effective and expires December 31, 2020\\n 6. Operating costs. (a) A general hospital's hospital-specific average\\nreimbursable inpatient operating cost per discharge shall be determined\\nin accordance with rules and regulations adopted by the council and\\napproved by the commissioner based on the hospital's reimbursable\\ninpatient operating cost base determined in accordance with paragraph\\n(d) of subdivision one of this section; adjusted in accordance with\\nparagraph (b) of this subdivision to reflect exceptions to case\\npayments; and projected to the applicable rate period by a trend factor\\ndetermined in accordance with subdivision ten of this section; and\\nincreased in accordance with subparagraphs (i), (iii) and (iv) of\\nparagraph (e) of subdivision one of this section to reflect special\\nadditional inpatient operating costs; and adjusted in accordance with\\nsubparagraphs (i), (ii) and (iv) of paragraph (c) of this subdivision to\\nreflect modifications to case payments; and standardized to reflect\\nnineteen hundred eighty-seven hospital case mix. A general hospital's\\nhospital-specific average reimbursable inpatient operating cost per\\ndischarge shall be adjusted on a payor category basis to reflect\\nallocation of malpractice insurance costs in accordance with the\\nmethodology developed pursuant to subparagraph (ii) of paragraph (h) of\\nsubdivision eleven of this section.\\n (b) In accordance with rules and regulations adopted by the council\\nand approved by the commissioner, the commissioner shall adjust\\nreimbursable inpatient operating costs and discharges to exclude\\noperating costs and statistics related to specialized hospital services\\nfor which an alternative reimbursement methodology is adopted pursuant\\nto paragraph (e) or (g) of subdivision four of this section, a factor\\nfor operating costs of patients who required an alternate level of care\\nin accordance with paragraph (h) of subdivision four of this section and\\nthe operating costs and statistics of AIDS patients pursuant to\\nparagraph (i) of subdivision four of this section if effective.\\n (c) In accordance with rules and regulations adopted by the council\\nand approved by the commissioner, the commissioner shall adjust\\nweighting factors developed pursuant to paragraph (c) of subdivision\\nthree of this section and reimbursable inpatient operating costs and\\nstatistics on which case payment rates are based to take into account\\nthe provisions for additional payments in accordance with paragraph (a),\\n(b), (c) or (d) of subdivision four of this section. The rules and\\nregulations are to be designed to identify an estimate of costs and\\nstatistics as if the payment methodology effective for the applicable\\nrate period including payment based on the higher of high-cost outliers\\nor long-stay outliers was in effect during the period used to establish\\nsuch costs and statistics to accomplish the following:\\n (i) an estimate of costs for inpatient services to patients\\ntransferred to another general hospital receiving case payment rates\\npursuant to paragraph (a) of subdivision four of this section shall be\\neliminated from reimbursable inpatient operating costs considering a\\ntransfer patient cost conversion factor determined based on nineteen\\nhundred eighty-five data from a representative sample of general\\nhospitals; a case mix neutral acute care cost component of a general\\nhospital's reimbursable inpatient operating cost base per day after\\napplication of the trend factor and the addition of special additional\\ninpatient operating costs; transfer patient days incurred by such\\ngeneral hospital in nineteen hundred eighty-seven or the number of such\\ntransfer patient days during a recent twelve month period prior thereto\\nestablished by regulation for which data are available subsequently\\nreconciled by an adjustment to reflect nineteen hundred eighty-seven\\ndata; and the specific diagnosis-related groups with which the transfer\\npatients are identified. Such costs shall be eliminated in accordance\\nwith rules and regulations adopted by the council and approved by the\\ncommissioner which shall contain the specific methodology to adequately\\nidentify the costs related to transfer cases. Transfer cases shall be\\neliminated in computing discharges of the transferring hospital. The\\ncosts and discharges for transfer cases for each general hospital\\nparticipating in the determination of the weighting factors shall be\\nremoved before calculating the weighting factors;\\n (ii) an estimate of costs for the outlier portion of inpatient\\nservices which would qualify for additional payments as cost outliers in\\naccordance with paragraph (b) of subdivision four of this section shall\\nbe eliminated from reimbursable inpatient operating costs based on a\\ngeneral hospital's high cost percentage outlier factor, applied to an\\nacute care cost component of such general hospital's reimbursable\\ninpatient operating cost base after application of the trend factor and\\nthe addition of special additional inpatient operating costs. The high\\ncost percentage outlier factor shall be calculated based on a\\ndetermination of the percentage of nineteen hundred eighty-seven\\ndischarges of patients other than beneficiaries of title XVIII of the\\nfederal social security act (medicare) for which the commissioner has\\ncomplete hospital bill submissions or such discharges during a recent\\ntwelve month period prior thereto established by regulation for which\\nhospital bills are available, as follows, (a) for general hospitals that\\nhave complete hospital bill submissions for at least ninety percent of\\ntheir discharges, a high cost percentage outlier factor based on such\\ndata, and (b) for general hospitals that have complete hospital bill\\nsubmissions for at least eighty percent but less than ninety percent of\\ntheir discharges, a high cost percentage outlier factor based on such\\ndata plus an additional one-quarter of one percent, and (c) for general\\nhospitals that have complete bill submissions for less than eighty\\npercent of their discharges, a high cost percentage outlier factor\\ndetermined based on nineteen hundred eighty-five data from a\\nrepresentative sample of general hospitals plus an additional\\none-quarter of one percent. The calculation of the high cost percentage\\noutlier factor shall be subsequently reconciled by an adjustment to\\nreflect the percentage of such complete hospital bill submissions for\\nsuch nineteen hundred eighty-seven discharges as submitted to the\\ncommissioner prior to August first, nineteen hundred eighty-eight.\\n The minimum percentage threshold applicable pursuant to clause (a) of\\nthe first paragraph of this subparagraph may be increased to \"at least\\nninety-five percent\" and the percentage ceiling applicable pursuant to\\nclause (b) of the first paragraph of this subparagraph increased to\\n\"less than ninety-five percent\" pursuant to rules and regulations\\nadopted by the council and approved by the commissioner based upon a\\nstudy and a report by the commissioner of a sample of incomplete\\ndischarge records which showed that there was a significant difference\\nin the value of high cost outlier cases potentially reflected in\\nincomplete records from the value of high cost outlier cases reflected\\nin records for which the commissioner has complete hospital bill\\nsubmissions.\\n The maximum amount to be eliminated on a statewide basis shall be\\nthree percent of the total of nineteen hundred eighty-eight acute care\\ncost components of general hospital reimbursable inpatient operating\\ncosts reimbursed on the case payment system. In the event that the total\\namount as calculated exceeds three percent, the calculated amount will\\nbe reduced to three percent by the application of a percentage computed\\nby dividing expected outlier costs based on the three percent by actual\\noutlier costs, which shall also be the percentage of outlier costs to be\\nreimbursed in the payment year. The costs for the outlier portion of\\ncost outliers for general hospitals participating in the determination\\nof the weighting factors shall be removed from each diagnosis-related\\ngroup before determining the weighting factors;\\n * (iii) an estimate of inpatient costs which are related to a hospital\\nstay in excess of the long stay threshold for long stay patients as\\ndefined in paragraph (c) of subdivision four of this section shall be\\neliminated from reimbursable inpatient operating costs in determining\\ngroup category average inpatient reimbursable operating costs\\nconsidering a long stay patient cost conversion factor, which shall be\\nestablished at sixty percent provided, however, such long stay patient\\ncost conversion factor may be revised for an annual rate period or\\nperiods beginning on or after January first, nineteen hundred\\neighty-nine in accordance with rules and regulations adopted by the\\ncouncil and approved by the commissioner; a case mix neutral acute care\\ncost component of a general hospital's reimbursable inpatient operating\\ncost base per day after application of the trend factor and the addition\\nof special additional inpatient operating costs; long stay patient days\\nincurred by such general hospital in nineteen hundred eighty-seven or\\nthe number of such long stay patient days during a recent twelve month\\nperiod prior thereto established by regulation for which data are\\navailable subsequently reconciled by an adjustment to reflect nineteen\\nhundred eighty-seven data; and the specific diagnosis-related groups\\nwith which the long stay patients are identified. The long stay outlier\\nthresholds shall be determined by adding a sufficient number of standard\\ndeviations to the mean length of stay for each diagnosis-related group\\nsuch that it is estimated for rates of payment during the period January\\nfirst, nineteen hundred eighty-eight through December thirty-first,\\nnineteen hundred ninety based upon nineteen hundred eighty-five data\\nfrom a representative sample of general hospitals and for rates of\\npayment during the period January first, nineteen hundred ninety-one\\nthrough December thirty-first, nineteen hundred ninety-three based upon\\nnineteen hundred eighty-nine data from a representative sample of\\ngeneral hospitals and for rates of payment during the period January\\nfirst, nineteen hundred ninety-four through December thirty-first,\\nnineteen hundred ninety-nine and periods on and after January first, two\\nthousand based upon nineteen hundred ninety-two data from a\\nrepresentative sample of general hospitals that the costs associated\\nwith the portion of hospital stays in excess of the long stay outlier\\nthresholds do not exceed three percent of the total of the acute care\\ncost components of reimbursable inpatient operating costs related to the\\ndetermination of case based rates of payment. The costs associated with\\nthe outlier portion of long stay outliers for each general hospital\\nparticipating in the determination of the weighting factors shall be\\nremoved from each diagnosis-related group before calculating the\\nweighting factors;\\n * NB Effective until December 31, 2020\\n * (iii) an estimate of inpatient costs which are related to a hospital\\nstay in excess of the long stay threshold for long stay patients as\\ndefined in paragraph (c) of subdivision four of this section shall be\\neliminated from reimbursable inpatient operating costs in determining\\ngroup category average inpatient reimbursable operating costs\\nconsidering a long stay patient cost conversion factor, which shall be\\nestablished at sixty percent provided, however, such long stay patient\\ncost conversion factor may be revised for an annual rate period or\\nperiods beginning on or after January first, nineteen hundred\\neighty-nine in accordance with rules and regulations adopted by the\\ncouncil and approved by the commissioner; a case mix neutral acute care\\ncost component of a general hospital's reimbursable inpatient operating\\ncost base per day after application of the trend factor and the addition\\nof special additional inpatient operating costs; long stay patient days\\nincurred by such general hospital in nineteen hundred eighty-seven or\\nthe number of such long stay patient days during a recent twelve month\\nperiod prior thereto established by regulation for which data are\\navailable subsequently reconciled by an adjustment to reflect nineteen\\nhundred eighty-seven data; and the specific diagnosis-related groups\\nwith which the long stay patients are identified. The long stay outlier\\nthresholds shall be determined by adding a sufficient number of standard\\ndeviations to the mean length of stay for each diagnosis-related group\\nsuch that it is estimated for rates of payment during the period January\\nfirst, nineteen hundred eighty-eight through December thirty-first,\\nnineteen hundred ninety based upon nineteen hundred eighty-five data\\nfrom a representative sample of general hospitals and for rates of\\npayment during the period January first, nineteen hundred ninety-one\\nthrough December thirty-first, nineteen hundred ninety-three based upon\\nnineteen hundred eighty-nine data from a representative sample of\\ngeneral hospitals and for rates of payment during the period January\\nfirst, nineteen hundred ninety-four through December thirty-first,\\nnineteen hundred ninety-nine based upon nineteen hundred ninety-two data\\nfrom a representative sample of general hospitals that the costs\\nassociated with the portion of hospital stays in excess of the long stay\\noutlier thresholds do not exceed three percent of the total of the acute\\ncare cost components of reimbursable inpatient operating costs related\\nto the determination of case based rates of payment. The costs\\nassociated with the outlier portion of long stay outliers for each\\ngeneral hospital participating in the determination of the weighting\\nfactors shall be removed from each diagnosis-related group before\\ncalculating the weighting factors;\\n * NB Effective and expires December 31, 2020\\n * (iii) an estimate of inpatient costs which are related to a hospital\\nstay in excess of the long stay threshold for long stay patients as\\ndefined in paragraph (c) of subdivision four of this section shall be\\neliminated from reimbursable inpatient operating costs in determining\\ngroup category average inpatient reimbursable operating costs\\nconsidering a long stay patient cost conversion factor, which shall be\\nestablished at sixty percent provided, however, such long stay patient\\ncost conversion factor may be revised for an annual rate period or\\nperiods beginning on or after January first, nineteen hundred\\neighty-nine in accordance with rules and regulations adopted by the\\ncouncil and approved by the commissioner; a case mix neutral acute care\\ncost component of a general hospital's reimbursable inpatient operating\\ncost base per day after application of the trend factor and the addition\\nof special additional inpatient operating costs; long stay patient days\\nincurred by such general hospital in nineteen hundred eighty-seven or\\nthe number of such long stay patient days during a recent twelve month\\nperiod prior thereto established by regulation for which data are\\navailable subsequently reconciled by an adjustment to reflect nineteen\\nhundred eighty-seven data; and the specific diagnosis-related groups\\nwith which the long stay patients are identified. The long stay outlier\\nthresholds shall be determined by adding a sufficient number of standard\\ndeviations to the mean length of stay for each diagnosis-related group\\nsuch that it is estimated for rates of payment during the period January\\nfirst, nineteen hundred eighty-eight through December thirty-first,\\nnineteen hundred ninety based upon nineteen hundred eighty-five data\\nfrom a representative sample of general hospitals and for rates of\\npayment during the period January first, nineteen hundred ninety-one\\nthrough December thirty-first, nineteen hundred ninety-three based upon\\nnineteen hundred eighty-nine data from a representative sample of\\ngeneral hospitals and for rates of payment during the period January\\nfirst, nineteen hundred ninety-four through June thirtieth, nineteen\\nhundred ninety-six based upon nineteen hundred ninety-two data from a\\nrepresentative sample of general hospitals that the costs associated\\nwith the portion of hospital stays in excess of the long stay outlier\\nthresholds do not exceed three percent of the total of the acute care\\ncost components of reimbursable inpatient operating costs related to the\\ndetermination of case based rates of payment. The costs associated with\\nthe outlier portion of long stay outliers for each general hospital\\nparticipating in the determination of the weighting factors shall be\\nremoved from each diagnosis-related group before calculating the\\nweighting factors;\\n * NB Effective December 31, 2020\\n (iv) an estimate of inpatient costs which are related to short stay\\npatients as defined in paragraph (d) of subdivision four of this section\\nshall be eliminated from reimbursable inpatient operating costs\\nconsidering a short stay patient cost conversion factor determined based\\non nineteen hundred eighty-five data from a representative sample of\\ngeneral hospitals; a case mix neutral acute care cost component of a\\ngeneral hospital's reimbursable inpatient operating cost base per day\\nafter application of the trend factor and the addition of special\\nadditional inpatient operating costs; short stay patient days incurred\\nby such general hospital in nineteen hundred eighty-seven or the number\\nof such short stay patient days during a recent twelve month period\\nprior thereto established by regulation for which data are available\\nsubsequently reconciled by an adjustment to reflect nineteen hundred\\neighty-seven data; and the specific diagnosis-related groups with which\\nthe short stay patients are identified. Such costs shall be eliminated\\nin accordance with rules and regulations adopted by the council and\\napproved by the commissioner which shall contain the specific\\nmethodology to adequately identify the costs related to short stay\\npatients. Short stay cases shall be eliminated in computing discharges\\nof a general hospital. The costs and discharges for short stay cases for\\neach general hospital participating in the determination of the\\nweighting factors shall be removed before calculating the weighting\\nfactors.\\n 7. Operating cost group component. (a) A general hospital's group\\ncategory average inpatient reimbursable operating cost per discharge\\n(price) shall be a composite factor determined in accordance with rules\\nand regulations adopted by the council and approved by the commissioner\\nbased on a group price component determined in accordance with\\nsubparagraph (i) of this paragraph, a hospital-specific price component\\ndetermined in accordance with subparagraph (ii) of this paragraph, and\\nan adjustment in accordance with subparagraph (iii) of this paragraph.\\n (i) The group price component shall be based on the costs and\\nstatistics of general hospitals in the group category established\\npursuant to paragraph (b) of this subdivision to which the hospital is\\nassigned by the commissioner to compute a group based average inpatient\\nreimbursable operating cost per discharge for the group category.\\nGeneral hospital costs and statistics shall be determined consistent\\nwith the methodology to determine hospital-specific average reimbursable\\ninpatient operating cost per discharge pursuant to subdivision six of\\nthis section; adjusted to reflect additional cost increases in\\naccordance with subparagraph (ii) of paragraph (e) of subdivision one of\\nthis section; and adjusted to exclude the components of\\nhospital-specific inpatient reimbursable operating costs related to\\neducation, physician, ambulance services and organ acquisition costs\\ndetermined in accordance with paragraph (c) of this subdivision and\\nmalpractice insurance costs, and the components of special additional\\ninpatient operating costs determined and allocated in accordance with\\nsubparagraphs (i), (iii) and (iv) of paragraph (e) of subdivision one of\\nthis section associated with cost increases in such costs; and adjusted\\nto exclude the components of special additional inpatient operating\\ncosts determined and allocated in accordance with clauses (B), (D), (H),\\nand (I) of subparagraph (iii) and clauses (A), (E) and (F) of\\nsubparagraph (iv) of paragraph (e) of subdivision one of this section;\\nand adjusted to reflect additional modifications to case payments in\\naccordance with subparagraph (iii) of paragraph (c) of subdivision six\\nof this section. The group based average inpatient reimbursable\\noperating costs computed for a general hospital shall be adjusted to\\nreflect the hospital-specific indirect medical education costs\\npercentage of such hospital determined in accordance with subparagraph\\n(ii) of paragraph (c) of this subdivision.\\n Hospital costs shall be standardized for comparison purposes\\nconsidering differences in wage and wage-related costs levels and such\\nother economic factors, such as a power equalization factor, as may be\\ndetermined in accordance with rules and regulations adopted by the\\ncouncil and approved by the commissioner.\\n (ii) A hospital-specific price component shall be determined for each\\ngeneral hospital based on such hospital's hospital-specific education,\\nphysician, ambulance services and organ acquisition costs determined in\\naccordance with subparagraphs (i), (iii) and (iv) of paragraph (c) of\\nthis subdivision and malpractice insurance costs, and the components of\\nspecial additional inpatient operating costs determined and allocated in\\naccordance with subparagraphs (i), (iii) and (iv) of paragraph (e) of\\nsubdivision one of this section associated with cost increases in such\\ncosts, and special additional inpatient operating costs determined and\\nallocated in accordance with clauses (B), (D), (H) and (I) of\\nsubparagraph (iii) and clauses (A), (E) and (F) of subparagraph (iv) of\\nparagraph (e) of subdivision one of this section, as excluded pursuant\\nto subparagraph (i) of this paragraph, per discharge, standardized to\\nreflect nineteen hundred eighty-seven hospital case mix.\\n (iii) A general hospital's group category average inpatient\\nreimbursable operating cost per discharge shall be adjusted on a payor\\ncategory basis to reflect allocation of malpractice insurance costs in\\naccordance with the methodology developed pursuant to subparagraph (ii)\\nof paragraph (h) of subdivision eleven of this section.\\n (b) General hospital group categories shall be established in\\naccordance with rules and regulations adopted by the council and\\napproved by the commissioner for purposes of computing group category\\naverage inpatient reimbursable operating cost per discharge considering,\\nbut not limited to, factors such as hospital size, hospital medical\\neducation activity, teaching status and geographic divisions of the\\nstate.\\n (c) Education, physician, ambulance services and organ acquisition\\ncosts shall include:\\n (i) direct medical education expenses, defined as the reimbursable\\ncosts of residents, fellows, and supervising physicians, combined with\\nthe costs of hospital based physicians;\\n (ii) indirect medical education expenses, defined as an estimate of\\nthe costs, other than direct costs, of educational activities in\\nteaching hospitals attributable to factors including but not limited to\\nincreased overhead, more severely ill patients and the tendency of\\nresidents to provide more tests than experienced licensed physicians.\\nFor the rate period beginning January first, nineteen hundred\\neighty-eight and ending December thirty-first, nineteen hundred\\neighty-eight, an estimate of indirect medical education costs shall be\\ndetermined in accordance with the methodology applicable for purposes of\\ndetermining an estimate of indirect medical education costs for\\nreimbursement for inpatient hospital service pursuant to title XVIII of\\nthe federal social security act (medicare) in effect on the first day of\\nJuly in the year preceding the rate period. The council may adopt rules\\nand regulations, subject to the approval of the commissioner, to revise\\nthe methodology for the determination of an estimate of indirect medical\\neducation costs to reflect revisions to the methodology applicable for\\npurposes of determining reimbursement for inpatient hospital service\\npursuant to title XVIII of the federal social security act (medicare)\\neffective subsequent to the first day of July in the year preceding the\\nrate period. For annual rate periods beginning on or after January\\nfirst, nineteen hundred eighty-nine an estimate of indirect medical\\neducation costs shall be determined in accordance with rules and\\nregulations adopted by the council and approved by the commissioner;\\n (iii) the reimbursable costs of schools of nursing, allied\\nprofessional programs and ambulance services; and\\n (iv) the reimbursable costs of organ acquisition services not\\nreimbursed pursuant to the methodology applicable for purposes of\\nreimbursement pursuant to title XVIII of the federal social security act\\n(medicare).\\n (d) The commissioner shall establish, in accordance with rules and\\nregulations adopted by the council and approved by the commissioner, the\\nmethodology to determine the hospital's group category average inpatient\\nreimbursable operating cost per discharge (price) and the percentage\\namounts, pursuant to subparagraphs (i), (ii) and (iii) of paragraph (b)\\nof subdivision five of this section, of the group category average\\ninpatient reimbursable operating cost per discharge to be used to\\ndetermine the inpatient reimbursable operating cost component of case\\nbased rates for annual rate periods beginning on or after January first,\\nnineteen hundred eighty-eight.\\n 8. Capital related inpatient expenses. (a) Capital related inpatient\\nexpenses including but not limited to straight line depreciation on\\nbuildings and non-movable equipment, accelerated depreciation on major\\nmovable equipment if requested by the hospital, rentals and interest on\\ncapital debt (or for hospitals financed pursuant to article\\ntwenty-eight-B of this chapter, such expenses, including amortization in\\nlieu of depreciation, as determined pursuant to the reimbursement\\nregulations promulgated pursuant to such article and article\\ntwenty-eight of this chapter), shall be included in rates of payment\\ndetermined pursuant to this section based on a budget for capital\\nrelated inpatient expenses and subsequently reconciled to actual\\nexpenses and statistics through appropriate audit procedures. General\\nhospitals shall submit to the commissioner, at least one hundred twenty\\ndays prior to the commencement of each year, a schedule of capital\\nrelated inpatient expenses for the forthcoming year. Any capital\\nexpenditure which requires or required approval pursuant to this article\\nmust have received such approval for any capital related expense\\ngenerated by such capital expenditure to be included in rates of\\npayment. The basis for determining capital related inpatient expenses\\nshall be the lesser of actual cost or the final amount specifically\\napproved for the construction of the capital asset. The submitted budget\\nmay include the capital related inpatient expenses for all existing\\ncapital assets as well as estimates of capital related inpatient\\nexpenses for capital assets to be acquired or placed in use prior to the\\ncommencement of the rate year or during the rate year provided all\\nrequired approvals have been obtained.\\n The council shall adopt, with the approval of the commissioner,\\nregulations to:\\n (i) identify by type the eligible capital related inpatient expenses;\\n (ii) safeguard the future financial viability of voluntary, non-profit\\ngeneral hospitals by requiring funding of inpatient depreciation on\\nbuilding and fixed and movable equipment;\\n (iii) provide authorization to adjust inpatient rates by advancing\\npayment of depreciation as needed, in instances of capital debt related\\nfinancial distress of voluntary, non-profit general hospitals; and\\n (iv) provide a methodology for the reimbursement treatment of sales.\\n (b) Capital related inpatient expenses shall be included in case based\\npayments based on the hospital's average capital related inpatient\\nexpenses per discharge. Adjustments shall be made to capital related\\ncosts and statistics to reflect capital related inpatient expenses\\nreimbursed on a per diem basis in accordance with paragraphs (a), (d),\\n(e), (g) and (i) of subdivision four of this section.\\n (c) In order to reconcile capital related inpatient expenses included\\nin rates of payment based on a budget to actual expenses and statistics\\nfor the rate period for a general hospital, rates of payment for a\\ngeneral hospital shall be adjusted to reflect the dollar value of the\\ndifference between capital related inpatient expenses included in the\\ncomputation of rates of payment for a prior rate period based on a\\nbudget and actual capital related inpatient expenses for such prior rate\\nperiod, each as determined in accordance with paragraph (a) of this\\nsubdivision, adjusted to reflect increases or decreases in volume of\\nservice in such prior rate period compared to statistics applied in\\ndetermining the capital related inpatient expenses component of rates of\\npayment based on a budget for such prior rate period. Notwithstanding\\nany inconsistent provision of subparagraph (i) of paragraph (e) of\\nsubdivision nine of this section, capital related inpatient expenses of\\na general hospital included in the computation of rates of payment based\\non a budget shall not be included in the computation of a volume\\nadjustment made in accordance with such subparagraph. Adjustments to\\nrates of payment for a general hospital made pursuant to this paragraph\\nshall be made in accordance with paragraph (c) of subdivision eleven of\\nthis section. Such adjustments shall not be carried forward except for\\nsuch volume adjustment as may be authorized in accordance with\\nsubparagraph (i) of paragraph (e) of subdivision nine of this section\\nfor such general hospital.\\n * (e) Notwithstanding any inconsistent provision of this subdivision,\\ncommencing April first, nineteen hundred ninety-five, when a factor for\\nreconciliation of budgeted capital related inpatient expenses to actual\\ncapital related inpatient expenses for a prior year is included in the\\ncapital related inpatient expenses component of rates of payment, such\\ncapital related inpatient expenses component of rates of payment shall\\nbe reduced by the commissioner by the difference between the reconciled\\ncapital related inpatient expenses included in rates of payment\\ndetermined in accordance with paragraphs (a), (b) and (c) of this\\nsubdivision for such prior year and capital related inpatient expenses\\nfor such prior year calculated based on the hospital's average capital\\nrelated inpatient expenses computed on a per diem basis.\\n * NB Effective through March 31, 2021\\n * (f) Notwithstanding any inconsistent provision of this section,\\ncommencing April first, nineteen hundred ninety-five for purposes of\\ndetermining the capital related inpatient expenses component of rates of\\npayment for patients eligible for payments made by state governmental\\nagencies for a rate year, the submitted budget for capital related\\ninpatient expenses of a general hospital applicable to the rate year\\nshall be decreased by the commissioner to reflect the percentage amount\\nby which the budget for the base year two years prior to the rate year\\nfor capital related inpatient expenses of the hospital exceeded actual\\nexpenses.\\n * NB Effective through March 31, 2021\\n * (g) Notwithstanding any inconsistent provision of this article,\\ncommencing April first, nineteen hundred ninety-five for rates of\\npayment for patients eligible for payments made by state governmental\\nagencies, the capital related inpatient expenses component determined in\\naccordance with paragraph (a) of this subdivision and the capital cost\\nper visit components determined in accordance with subparagraphs (i) and\\n(ii) of paragraph (g) of subdivision two of section twenty-eight hundred\\nseven of this article shall be adjusted by the commissioner to exclude\\nsuch expenses related to:\\n (i) forty-four percent of the costs of major movable equipment; and\\n (ii) staff housing.\\n * NB Effective through March 31, 2021\\n 9. Adjustments. For annual rate periods beginning on or after January\\nfirst, nineteen hundred eighty-eight:\\n (a) The commissioner shall on his own initiative, or on the basis of a\\nrequest from a general hospital, adjust an established rate to reflect:\\n (i) the reduction of costs related to the elimination of a general\\nhospital inpatient service in instances where the costs of such service\\nwere included in the rate established; and\\n (ii) the correction of errors or omissions of data or in computation.\\n (b) General hospitals may request and the commissioner shall consider\\nan adjustment to an established rate to reflect increased expenses in\\nexcess of costs reported by the general hospital in the nineteen hundred\\neighty-five cost report, after application of the trend factor, or\\nreconsideration of disallowed expenses based on:\\n (i) justification of all or a portion of expenses not included in the\\nrate resulting from the cost analysis process contained in subparagraph\\n(i) of paragraph (a) of this subdivision;\\n (ii) additional operational expenses related to approved construction\\nor service changes;\\n (iii) the addition of costs related to a state requirement for\\nadditional services to be provided or additional costs to be incurred in\\nmeeting state and federal requirements;\\n (iv) additional operational expenses to permit a more efficient and\\neconomical method of delivering a service;\\n (v) increased costs determined to be needed to recruit or maintain an\\nappropriate level of personnel providing professional services to\\npatients; and\\n (vi) increased costs for compensation of employees.\\n (c) In determining the reasonableness or justification of an\\nadjustment to an established rate related to subparagraph (vi) of\\nparagraph (b) of this subdivision, the commissioner shall consider:\\n (i) the fiscal capability of the general hospital to finance such\\nincreases from its own resources;\\n (ii) the past history of the general hospital with respect to\\ncompensation increases and allowed compensation trend factors; and\\n (iii) the economy in the area in which the general hospital is\\nlocated.\\n (d) General hospitals may request and the commissioner shall consider\\na change in assignment among the group categories established pursuant\\nto paragraph (b) of subdivision seven of this section to which the\\nhospital is assigned for purposes of computing group category average\\nreimbursable inpatient operating cost per discharge.\\n (e) (i) Volume adjustments which would result in revisions in case\\npayment rates shall not be made to reflect increases or decreases in\\ndischarges for other than beneficiaries of title XVIII of the federal\\nsocial security act (medicare) in rate years beginning on or after\\nJanuary first, nineteen hundred eighty-eight, except in those specific\\ninstances where a decrease in volume as measured by discharges,\\nincluding discharges of patients for whom reimbursement is provided on a\\nper diem basis in accordance with paragraph (a) of subdivision eleven of\\nthis section, is equal to or greater than one percent of discharges in\\nnineteen hundred eighty-seven for those general hospitals having two\\nhundred or less certified acute care beds and classified as a rural\\nhospital for purposes of determining payment for inpatient services\\nprovided to beneficiaries of title XVIII of the federal social security\\nact (medicare) or under state regulations, based on the total number of\\ninpatient acute care beds for which such general hospital is certified\\npursuant to the operating certificate issued for such general hospital\\nin accordance with section twenty-eight hundred five of this article in\\neffect on June thirtieth, nineteen hundred ninety, or equal to or\\ngreater than ten percent of discharges in nineteen hundred eighty-seven\\nfor all other general hospitals, and the failure to make such adjustment\\nseriously impacts on the financial stability of a needed hospital, and\\nexcept in those specific instances where an increase in volume as\\nmeasured by discharges is equal to or greater than ten percent of\\ndischarges in nineteen hundred eighty-seven. Provided, however, that an\\nadjustment for volume increases shall not apply to those general\\nhospitals having two hundred or less certified acute care beds and\\nclassified as a rural hospital for purposes of determining payment for\\ninpatient services provided to beneficiaries of title XVIII of the\\nfederal social security act (medicare) or under state regulations, based\\non the total number of inpatient acute care beds for which such general\\nhospital is certified pursuant to the operating certificate issued for\\nsuch general hospital in accordance with section twenty-eight hundred\\nfive of this article in effect on June thirtieth, nineteen hundred\\nninety. For general hospitals and distinct units of general hospitals\\nnot reimbursed on a case based payment per discharge basis, volume\\nadjustments may be made during the above indicated rate years in\\naccordance with regulations adopted by the council and approved by the\\ncommissioner.\\n (ii) The commissioner shall adjust the rates for those general\\nhospitals and units of general hospitals excluded from case payment in\\naccordance with paragraph (e) or (g) of subdivision four of this section\\nfor case mix changes for other than beneficiaries of title XVIII of the\\nfederal social security act (medicare).\\n (f) General hospitals that did not qualify for a volume adjustment for\\nthe nineteen hundred eighty-six and nineteen hundred eighty-seven rate\\nperiods for rates of payment determined in accordance with section\\ntwenty-eight hundred seven-a of this article may request and the\\ncommissioner shall consider an adjustment to an established case based\\nrate of payment for nineteen hundred eighty-eight based on increases in\\nvolume as measured by discharges, based on a comparison between nineteen\\nhundred eighty-five and nineteen hundred eighty-seven discharges,\\nexcluding in such comparison discharges of patients who are\\nbeneficiaries of title XVIII of the federal social security act\\n(medicare) and discharges related to transfer cases (transferring\\nhospital) and short stay cases as defined in this section, provided such\\ngeneral hospital meets performance criteria established in accordance\\nwith rules and regulations adopted by the council and approved by the\\ncommissioner. Such criteria shall include but need not be limited to:\\nmaintenance of like patient occupancy rates for the rate periods\\nnineteen hundred eighty-five, nineteen hundred eighty-six and nineteen\\nhundred eighty-seven; a reduction in patient length of stay for other\\nthan beneficiaries of title XVIII of the federal social security act\\n(medicare) based on a comparison with nineteen hundred eighty-five data;\\nand an expanded use of ambulatory surgery by the general hospital based\\non a comparison with nineteen hundred eighty-five data. Such adjustment\\nshall consider, but need not be limited to, the variable costs related\\nto volume changes in accordance with rules and regulations adopted by\\nthe council and approved by the commissioner.\\n (g) All appeals shall be submitted to the commissioner, who may submit\\na copy of the appeal to interested parties for the purpose of providing\\nan opportunity for comment within a specified time period.\\n (h) The commissioner shall act upon all properly documented appeals\\nfor adjustments concerning base year costs by November first of the\\ncalendar year for which the rate is effective provided that all\\ninformation necessary to determine whether an adjustment is justified is\\nsubmitted by the facility prior to May first of such year. In the event\\nsuch an appeal is filed by May first, but information necessary to\\ndetermine whether an adjustment is justified is submitted after such\\ndate, the commissioner shall act on the appeal within six months after\\nreceiving the necessary information.\\n * 10. Trend factors. (a) The commissioner, in accordance with the\\nmethodology developed for rate periods through March thirty-first, two\\nthousand, for rates of payment for state governmental agencies and\\nthrough December thirty-first, nineteen hundred ninety-six for rates of\\npayment for all other payors pursuant to paragraph (b) of this\\nsubdivision, shall establish trend factors to project for the effects of\\ninflation. The factors shall be applied to the appropriate portion of\\nreimbursable costs. The methodology for developing the trend factor\\nshall include the appropriate external price indicators and shall also\\ninclude the data from major collective bargaining agreements as reported\\nquarterly by the federal department of labor, bureau of labor\\nstatistics, for non-supervisory employees.\\n (b) The methodology shall be developed for rate periods through March\\nthirty-first, two thousand, for rates of payment for state governmental\\nagencies and through December thirty-first, nineteen hundred ninety-six\\nfor rates of payment for all other payors by four independent\\nconsultants with expertise in health economics or reimbursement\\nmethodologies for health-related services appointed by the\\ncommissioner. For nineteen hundred ninety-six, through March\\nthirty-first, two thousand, the commissioner shall apply the nineteen\\nhundred ninety-five trend factor methodology. The commissioner shall\\nmonitor the actual price movements of the external price indicators\\nused in the methodology for one interim adjustment to the trend factors\\nto reflect such price movements and one final adjustment to the trend\\nfactors to reflect such price movements. At the same time adjustments\\nare made to the trend factors in accordance with this paragraph,\\nadjustments shall be made to all inpatient rates of payment affected by\\nthe adjusted trend factors.\\n (c) (1) For rate periods on and after April first, two thousand, the\\ncommissioner shall establish trend factors for rates of payment for\\nstate governmental agencies to project for the effects of inflation\\nexcept that such trend factors shall not be applied to services for\\nwhich rates of payment are established by the commissioners of the\\ndepartment of mental hygiene. The factors shall be applied to the\\nappropriate portion of reimbursable costs.\\n (2) In developing trend factors for such rates of payment, the\\ncommissioner shall use the most recent Congressional Budget Office\\nestimate of the rate year's U.S. Consumer Price Index for all urban\\nconsumers published in the Congressional Budget Office Economic and\\nBudget Outlook after June first of the rate year prior to the year for\\nwhich rates are being developed.\\n (3) After the final U.S. Consumer Price Index (CPI) for all urban\\nconsumers is published by the United States Department of Labor, Bureau\\nof Labor Statistics, for a particular rate year, the commissioner shall\\nreconcile such final CPI to the projection used in subparagraph two of\\nthis paragraph and any difference will be included in the prospective\\ntrend factor for the current year.\\n (4) At the time adjustments are made to the trend factors in\\naccordance with this paragraph, adjustments shall be made to all\\ninpatient rates of payment affected by the trend factor adjustment.\\n * NB Effective until December 31, 2020\\n * 10. Trend factors. (a) The commissioner, in accordance with the\\nmethodology developed pursuant to paragraph (b) of this subdivision,\\nshall establish trend factors to project for the effects of inflation.\\nThe factors shall be applied to the appropriate portion of reimbursable\\ncosts. The methodology for developing the trend factor shall include the\\nappropriate external price indicators and shall also include the data\\nfrom major collective bargaining agreements as reported quarterly by the\\nfederal department of labor, bureau of labor statistics, for\\nnon-supervisory employees.\\n (b) The methodology shall be developed by four independent consultants\\nwith expertise in health economics or reimbursement methodologies for\\nhealth-related services appointed by the commissioner. On or about\\nSeptember first of each year, the consultants shall provide to the\\ncommissioner and the council a report in writing detailing the\\nmethodology to be used to determine the trend factors for the subsequent\\ntwelve month period commencing January first. The commissioner shall\\nmonitor the actual price movements during this twelve month period of\\nthe external price indicators used in the methodology, shall report the\\nresults of the monitoring to the consultants and shall implement the\\nrecommendations of the consultants for one prospective interim annual\\nadjustment to the trend factors to reflect such price movements and to\\nbe effective on January first, one year after the initial trend factor\\nwas established and one prospective final annual adjustment to the trend\\nfactors to reflect such price movements and to be effective on January\\nfirst, two years after the initial trend factor was established. At the\\nsame time adjustments are made to the trend factors in accordance with\\nthis paragraph, adjustments shall be made to all inpatient rates of\\npayment affected by the adjusted trend factors.\\n * NB Effective December 31, 2020\\n 11. Special provisions. (a) Notwithstanding any inconsistent provision\\nof this chapter or any other law to the contrary, payment for inpatient\\nhospital services provided on or after January first, nineteen hundred\\neighty-eight to a patient admitted to a general hospital prior to\\nJanuary first, nineteen hundred eighty-eight otherwise eligible for\\npayment on a case based payment per discharge basis for a\\ndiagnosis-related group shall be at the rate of payment for such general\\nhospital for such patient in effect for December thirty-first, nineteen\\nhundred eighty-seven provided, however, that the operating cost\\ncomponents of such rates of payment for inpatient hospital services\\nprovided on or after January first, nineteen hundred eighty-eight shall\\nbe projected to the rate period by the trend factor determined in\\naccordance with subdivision ten of this section and reconciled on a\\ncumulative basis on or about March thirty-first, nineteen hundred\\neighty-eight and December thirty-first, nineteen hundred eighty-eight\\nfor payment of adjusted rates of payment based on such trend factor\\nadjustment. The component of such rates of payment based on the\\nallowances provided in accordance with paragraphs (e) and (f) of\\nsubdivision eight of section twenty-eight hundred seven-a of this\\narticle shall be returned to the applicable regional pool created in\\naccordance with subdivision fifteen of such section and distributed in\\naccordance with subdivision sixteen of such section based on needs for\\nthe financing of losses resulting from bad debts and the costs of\\ncharity care as determined for purposes of nineteen hundred eighty-seven\\ndistributions.\\n (b) The council shall adopt rules and regulations subject to the\\napproval of the commissioner regarding payor payment responsibilities\\nwhen a patient has coverage with more than one payor for general\\nhospital inpatient services and during a hospital stay exhausts benefits\\navailable from the primary payor, or receives services not reimbursed by\\nthe primary payor, so that the hospital shall be reimbursed by a\\nsecondary payor for services not reimbursed by the primary payor that\\nare included as a benefit of the secondary payor. A primary payor for\\npurposes of this paragraph shall include benefits available pursuant to\\ntitle XVIII of the federal social security act (medicare).\\n * (c)(i) Adjustments to rates made pursuant to this section for rate\\nperiods commencing on or after January first, nineteen hundred\\nninety-seven may be made prospectively or retrospectively on the next\\nfollowing January or July unless otherwise specifically authorized.\\n (ii) The commissioner may further adjust rates retrospectively for\\npayments by state governmental agencies upon a finding that the failure\\nto do so seriously impacts on a general hospital's financial stability.\\n (iii) Regardless of whether rates are adjusted prospectively or\\nretrospectively the authorized dollar value of the adjustment shall be\\nthe same, calculated by including the retroactive impact of such\\nadjustment if such adjustment is made prospectively. A prospective\\nadjustment to reflect the retroactive impact of an adjustment shall be\\nincluded in the determination of rates of payment for a prospective rate\\nperiod based on the methodology applied in accordance with this section\\nfor calculation of rates of payment for such prospective rate period.\\nThe allowance reflected in payments to a general hospital or a pool\\nrelated to a prospective adjustment which reflects the retroactive\\nimpact of an adjustment shall be computed based on the allowance\\npercentage in effect during the prospective period such adjustment is in\\neffect. No recalculation of the basis for distribution of funds from bad\\ndebt and charity care regional pools determined in accordance with\\nsubdivision seventeen of this section shall be made for a prospective\\nadjustment which reflects the retroactive impact of an adjustment.\\n * NB Effective until December 31, 2020\\n * (c)(i) Adjustments to rates made pursuant to this section shall be\\nmade prospectively on the next following January or July unless\\notherwise specifically authorized provided, however, that adjustments to\\nrates of payment to reflect nineteen hundred eighty-seven data and\\nstatistics may be made retrospectively and such retrospective\\nadjustments shall, to the extent practicable, be cumulated for one\\ncomprehensive adjustment.\\n (ii) The commissioner may further adjust rates retrospectively upon a\\nfinding that the failure to do so seriously impacts on a general\\nhospital's financial stability.\\n (iii) Regardless of whether rates are adjusted prospectively or\\nretrospectively the authorized dollar value of the adjustment shall be\\nthe same, calculated by including the retroactive impact of such\\nadjustment if such adjustment is made prospectively. A prospective\\nadjustment to reflect the retroactive impact of an adjustment shall be\\nincluded in the determination of rates of payment for a prospective rate\\nperiod based on the methodology applied in accordance with this section\\nfor calculation of rates of payment for such prospective rate period,\\nprovided, however, that no recalculation of bad debt and charity care\\nallowance percentages determined in accordance with subdivision fourteen\\nof this section shall be made for a prospective adjustment which\\nreflects the retroactive impact of an adjustment. The bad debt and\\ncharity care allowance of a general hospital related to a prospective\\nadjustment which reflects the retroactive impact of an adjustment shall\\nbe computed based on the bad debt and charity care allowance percentage\\nof such hospital in effect during the prospective period such adjustment\\nis in effect. No recalculation of the basis for distribution of funds\\nfrom bad debt and charity care regional pools determined in accordance\\nwith subdivision seventeen of this section shall be made for a\\nprospective adjustment which reflects the retroactive impact of an\\nadjustment.\\n * NB Effective December 31, 2020\\n (d) Working capital. General hospitals may include as a financing or\\nworking capital charge an addition of two percent of any valid claim not\\npaid within thirty days of submission or determination of payor\\nliability, whichever is later, and one percent per month thereafter.\\nFinancing or working capital charges shall not be applied to hospital\\nbillings to third party payors participating in an advance payment\\nsystem. Any payor not participating in an advance payment system or\\noffering admission billing shall allow interim billing for a patient\\nwhose stay exceeds thirty days.\\n (e) (i) Except for payments made pursuant to the workers' compensation\\nlaw, the volunteer firefighters' benefit law, or the volunteer ambulance\\nworkers' benefit law, a two percent discount from general hospital\\npayments shall be available to all payors whose payments are calculated\\nin accordance with paragraphs (b) and (c) of subdivision one of this\\nsection making payment in full to a general hospital for covered\\nhospital services within ten calendar days of receipt from the hospital\\nby the appropriate payor of a bill for such services.\\n (ii) A three percentage point reduction in the differential of five\\npercent for general hospital payments shall be available to all payors\\nwhose payments are calculated in accordance with paragraph (b) of\\nsubdivision one or paragraph (e) of subdivision four of this section\\nwhich are making payments pursuant to the workers' compensation law, the\\nvolunteer firefighters' benefit law, or the volunteer ambulance workers'\\nbenefit law when such payments are made in full to a general hospital\\nfor covered hospital services within ninety calendar days of receipt\\nfrom the hospital by the appropriate payor of a bill for such services,\\nand an additional two percentage point reduction shall be available for\\nsuch payors if such payment is made within forty-five calendar days of\\nreceipt of such a bill.\\n (f) (i) * In order to allow for real increases in general hospital\\ncase mix while limiting the effect of potential case mix changes that\\nare the result of changes in coding practices rather than real changes\\nin case mix, the commissioner shall annually for rate periods through\\nDecember thirty-first, nineteen hundred ninety-six, in accordance with\\nrules and regulations adopted by the council and approved by the\\ncommissioner, adjust individual general hospitals' case payment rates\\ndetermined in accordance with paragraphs (a) and (b) of subdivision one\\nof this section to account for increases in the statewide average case\\nmix, based on increases in statewide average assignment to\\ndiagnosis-related groups for all patients other than beneficiaries of\\ntitle XVIII of the federal social security act (medicare), that exceed\\nthe allowable statewide increase determined in accordance with this\\nsubparagraph. The commissioner further shall adjust individual general\\nhospitals' case payment rates determined in accordance with this section\\nfor state governmental agencies for the periods January first, nineteen\\nhundred ninety-seven through March thirty-first, two thousand and on and\\nafter April first, two thousand, in accordance with clause (G) of this\\nsubparagraph and to account for increases in statewide average case mix,\\nbased on increases in statewide average assignment to diagnosis-related\\ngroups based on data only for patients that are eligible for medical\\nassistance pursuant to title eleven of article five of the social\\nservices law, including such patients enrolled in health maintenance\\norganizations, that exceed the allowable statewide increase determined\\nin accordance with clause (B-1) of this subparagraph.\\n * NB Effective until December 31, 2020\\n * In order to allow for real increases in general hospital case mix\\nwhile limiting the effect of potential case mix changes that are the\\nresult of changes in coding practices rather than real changes in case\\nmix, the commissioner shall annually for rate periods through December\\nthirty-first, nineteen hundred ninety-six, in accordance with rules and\\nregulations adopted by the council and approved by the commissioner,\\nadjust individual general hospitals' case payment rates determined in\\naccordance with paragraphs (a) and (b) of subdivision one of this\\nsection to account for increases in the statewide average case mix,\\nbased on increases in statewide average assignment to diagnosis-related\\ngroups for all patients other than beneficiaries of title XVIII of the\\nfederal social security act (medicare), that exceed the allowable\\nstatewide increase determined in accordance with this subparagraph. The\\ncommissioner further shall adjust individual general hospitals' case\\npayment rates determined in accordance with this section for state\\ngovernmental agencies for the periods January first, nineteen hundred\\nninety-seven through March thirty-first, two thousand in accordance with\\nclause (G) of this subparagraph and to account for increases in\\nstatewide average case mix, based on increases in statewide average\\nassignment to diagnosis-related groups based on data only for patients\\nthat are eligible for medical assistance pursuant to title eleven of\\narticle five of the social services law, including such patients\\nenrolled in health maintenance organizations, that exceed the allowable\\nstatewide increase determined in accordance with clause (B-1) of this\\nsubparagraph.\\n * NB Effective and expires December 31, 2020\\n * In order to allow for real increases in general hospital case mix\\nwhile limiting the effect of potential case mix changes that are the\\nresult of changes in coding practices rather than real changes in case\\nmix, the commissioner shall annually, in accordance with rules and\\nregulations adopted by the council and approved by the commissioner,\\nadjust individual general hospitals' case payment rates determined in\\naccordance with paragraphs (a) and (b) of subdivision one of this\\nsection to account for increases in the statewide average case mix,\\nbased on increases in statewide average assignment to diagnosis-related\\ngroups for all patients other than beneficiaries of title XVIII of the\\nfederal social security act (medicare), that exceed the allowable\\nstatewide increase determined in accordance with this subparagraph.\\n * NB Effective December 31, 2020\\n (A) The increase in the statewide average case mix in a rate year\\nduring the period January first, nineteen hundred eighty-eight through\\nDecember thirty-first, nineteen hundred ninety-three from the nineteen\\nhundred eighty-seven statewide average case mix shall not exceed two\\npercent in nineteen hundred eighty-eight compared to nineteen hundred\\neighty-seven, three percent in nineteen hundred eighty-nine compared to\\nnineteen hundred eighty-seven, four percent in nineteen hundred ninety\\ncompared to nineteen hundred eighty-seven, five percent in nineteen\\nhundred ninety-one compared to nineteen hundred eighty-seven, and,\\nnotwithstanding any inconsistent rule or regulation, for rates of\\npayment for state governmental agencies six percent in nineteen hundred\\nninety-two compared to nineteen hundred eighty-seven and seven percent\\nin nineteen hundred ninety-three compared to nineteen hundred\\neighty-seven, and for rates of payment for payors other than state\\ngovernmental agencies six and seven-tenths percent in nineteen hundred\\nninety-two compared to nineteen hundred eighty-seven and seven percent\\nin nineteen hundred ninety-three compared to nineteen hundred\\neighty-seven.\\n * (B) The increase in the statewide average case mix in a rate year\\nduring the period January first, nineteen hundred ninety-four through\\nDecember thirty-first, nineteen hundred ninety-six from the nineteen\\nhundred ninety-two statewide average case mix, plus adjustments, shall\\nnot exceed: for rates of payment for state governmental agencies two\\npercent in the period January first, nineteen hundred ninety-four\\nthrough June thirtieth, nineteen hundred ninety-four, and,\\nnotwithstanding any inconsistent rule or regulation, six and two-tenths\\npercent in the period July first, nineteen hundred ninety-four through\\nDecember thirty-first, nineteen hundred ninety-four, three percent in\\nthe period January first, nineteen hundred ninety-five through March\\nthirty-first, nineteen hundred ninety-five, two percent in the period\\nApril first, nineteen hundred ninety-five through December thirty-first,\\nnineteen hundred ninety-five, and three percent in the period January\\nfirst, nineteen hundred ninety-six through December thirty-first,\\nnineteen hundred ninety-six; and for rates of payment for payors other\\nthan state governmental agencies two percent in nineteen hundred\\nninety-four, three percent in nineteen hundred ninety-five, and four\\npercent in the period January first, nineteen hundred ninety-six through\\nDecember thirty-first, nineteen hundred ninety-six. Adjustments to the\\nnineteen hundred ninety-two statewide average case mix shall mean an\\nadjustment for any increase in nineteen hundred ninety-two statewide\\naverage case mix compared to nineteen hundred eighty-seven statewide\\naverage case mix in excess of six percent of nineteen hundred\\neighty-seven statewide average case mix and a further adjustment to\\nreflect that measurement of case mix increase from the nineteen hundred\\nninety-two statewide average case mix rather than the nineteen hundred\\neighty-seven statewide average case mix reflects the increase in\\nstatewide average case mix from nineteen hundred eighty-seven to\\nnineteen hundred ninety-two in order to maintain the effective maximum\\nrate of allowable statewide average case mix increases at a percentage\\nper year of the nineteen hundred eighty-seven statewide average case\\nmix. Nineteen hundred ninety-two case mix shall be determined based on\\nnineteen hundred ninety-two data received by the department by April\\nthirtieth, nineteen hundred ninety-three.\\n * NB Effective until December 31, 2020\\n * (B) The increase in the statewide average case mix in a rate year\\nduring the period January first, nineteen hundred ninety-four through\\nJune thirtieth, nineteen hundred ninety-six from the nineteen hundred\\nninety-two statewide average case mix, plus adjustments, shall not\\nexceed: for rates of payment for state governmental agencies two percent\\nin the period January first, nineteen hundred ninety-four through June\\nthirtieth, nineteen hundred ninety-four, and, notwithstanding any\\ninconsistent rule or regulation, six and two-tenths percent in the\\nperiod July first, nineteen hundred ninety-four through December\\nthirty-first, nineteen hundred ninety-four, three percent in the period\\nJanuary first, nineteen hundred ninety-five through March thirty-first,\\nnineteen hundred ninety-five, and two percent in the period April first,\\nnineteen hundred ninety-five through December thirty-first, nineteen\\nhundred ninety-five, and three percent in the period January first,\\nnineteen hundred ninety-six through June thirtieth, nineteen hundred\\nninety-six; and for rates of payment for payors other than state\\ngovernmental agencies two percent in nineteen hundred ninety-four, three\\npercent in nineteen hundred ninety-five, and four percent in the period\\nJanuary first, nineteen hundred ninety-six through June thirtieth,\\nnineteen hundred ninety-six. Adjustments to the nineteen hundred\\nninety-two statewide average case mix shall mean an adjustment for any\\nincrease in nineteen hundred ninety-two statewide average case mix\\ncompared to nineteen hundred eighty-seven statewide average case mix in\\nexcess of six percent of nineteen hundred eighty-seven statewide average\\ncase mix and a further adjustment to reflect that measurement of case\\nmix increase from the nineteen hundred ninety-two statewide average case\\nmix rather than the nineteen hundred eighty-seven statewide average case\\nmix reflects the increase in statewide average case mix from nineteen\\nhundred eighty-seven to nineteen hundred ninety-two in order to maintain\\nthe effective maximum rate of allowable statewide average case mix\\nincreases at a percentage per year of the nineteen hundred eighty-seven\\nstatewide average case mix. Nineteen hundred ninety-two case mix shall\\nbe determined based on nineteen hundred ninety-two data received by the\\ndepartment by April thirtieth, nineteen hundred ninety-three.\\n * NB Effective December 31, 2020\\n (B-1) The increase in the statewide average case mix in the periods\\nJanuary first, nineteen hundred ninety-seven through March thirty-first,\\ntwo thousand and on and after April first, two thousand through March\\nthirty-first, two thousand six and on and after April first, two\\nthousand six through March thirty-first, two thousand seven, and on and\\nafter April first, two thousand seven through March thirty-first, two\\nthousand nine, and on and after April first, two thousand nine through\\nMarch thirty-first, two thousand eleven, from the statewide average case\\nmix for the period January first, nineteen hundred ninety-six through\\nDecember thirty-first, nineteen hundred ninety-six shall not exceed one\\npercent for nineteen hundred ninety-seven, two percent for nineteen\\nhundred ninety-eight, three percent for the period January first,\\nnineteen hundred ninety-nine through September thirtieth, nineteen\\nhundred ninety-nine, four percent for the period October first, nineteen\\nhundred ninety-nine through December thirty-first, nineteen hundred\\nninety-nine, and four percent for two thousand plus an additional one\\npercent per year thereafter, based on comparison of data only for\\npatients that are eligible for medical assistance pursuant to title\\neleven of article five of the social services law, including such\\npatients enrolled in health maintenance organizations.\\n (C) Rate year case mix shall be determined based on rate year data\\nreceived by the department by April thirtieth next following the end of\\nthe rate year. Case mix may be determined based on general hospital data\\nreceived or amended after such due dates provided, however, that a\\ngeneral hospital that does not submit the appropriate data in a timely\\nmanner shall be subject to the provisions of section twelve-d of this\\nchapter.\\n * (D) If in any rate period on an annualized basis the cumulative case\\nmix increase exceeds the allowable statewide increase, rates of payment\\nto general hospitals shall be adjusted in accordance with rules and\\nregulations adopted by the council and approved by the commissioner\\nwhich shall contain the specific methodology to allocate the reduction\\namong general hospitals, in order to reduce the effect of the statewide\\nincrease on rates of payment to reflect the allowable increase.\\nNotwithstanding any inconsistent provision of this paragraph, rate\\nadjustments for purposes of this paragraph shall be made on a six month\\nrate period basis for the period July first, nineteen hundred\\nninety-four through December thirty-first, nineteen hundred ninety-four.\\nThe retroactive impact of adjustments to rates of payment for payors\\nother than state governmental agencies based on the amendments to this\\nparagraph effective July first, nineteen hundred ninety-four shall be\\nreflected in a prospective adjustment to rates of payment for such\\npayors for the period July first, nineteen hundred ninety-four through\\nDecember thirty-first, nineteen hundred ninety-four.\\n * NB Effective until December 31, 2020\\n * (D) If in any rate year the cumulative case mix increase exceeds the\\nallowable statewide increase, rates of payment to general hospitals\\nshall be adjusted in accordance with rules and regulations adopted by\\nthe council and approved by the commissioner which shall contain the\\nspecific methodology to allocate the reduction among general hospitals,\\nin order to reduce the effect of the statewide increase on rates of\\npayment to reflect the allowable increase. Notwithstanding any\\ninconsistent provision of this paragraph, rate adjustments for purposes\\nof this paragraph shall be made on a six month rate period basis for the\\nperiod July first, nineteen hundred ninety-four through December\\nthirty-first, nineteen hundred ninety-four. The retroactive impact of\\nadjustments to rates of payment for payors other than state governmental\\nagencies based on the amendments to this paragraph effective July first,\\nnineteen hundred ninety-four shall be reflected in a prospective\\nadjustment to rates of payment for such payors for the period July\\nfirst, nineteen hundred ninety-four through December thirty-first,\\nnineteen hundred ninety-four.\\n * NB Effective December 31, 2020\\n (E) Such methodology shall take into account past trends of individual\\ngeneral hospitals' case mix changes, and, within the aggregate allowable\\nstatewide increase in case mix, permit general hospitals to appeal to\\nthe commissioner their proposed allocation of a reduction in rates of\\npayment related to increases in statewide average case mix based on such\\nfactors as changes in hospital service delivery and referral patterns.\\n (F) Case mix changes due to acquired immune deficiency syndrome,\\ntuberculosis, epidemics or other catastrophes resulting in extraordinary\\nhospital utilization shall not be subject to this limitation.\\n * (G) Adjustments determined in accordance with clause (B) of this\\nsubparagraph for the period January first, nineteen hundred ninety-six\\nthrough December thirty-first, nineteen hundred ninety-six on a final\\nbasis, and in accordance with subparagraph (ii) of this paragraph on an\\ninterim basis, shall be applied to rates of payment for state\\ngovernmental agencies during the period January first, nineteen hundred\\nninety-seven through March thirty-first, two thousand and periods on and\\nafter April first, two thousand.\\n * NB Expires December 31, 2020\\n * (G) Adjustments determined in accordance with clause (B) of this\\nsubparagraph for the period January first, nineteen hundred ninety-six\\nthrough December thirty-first, nineteen hundred ninety-six on a final\\nbasis, and in accordance with subparagraph (ii) of this paragraph on an\\ninterim basis, shall be applied to rates of payment for state\\ngovernmental agencies during the period January first, nineteen hundred\\nninety-seven through March thirty-first, two thousand.\\n * NB Effective and repealed December 31, 2020\\n * (ii) (A) The commissioner shall, in accordance with rules and\\nregulations adopted by the council and approved by the commissioner, for\\npurposes of payments on an interim basis periodically compute an\\nadjustment to individual general hospitals' case payment rates for prior\\nperiods for the payor categories specified in paragraphs (a) and (b) of\\nsubdivision one of this section to account for increases in the\\nstatewide average case mix, based on increases in statewide average\\nassignment to diagnosis-related groups for all patients other than\\nbeneficiaries of title XVIII of the federal social security act\\n(medicare), that exceed the allowable statewide increase. The increase\\nin the statewide average case mix in a rate year during the period\\nJanuary first, nineteen hundred eighty-eight through December\\nthirty-first, nineteen hundred ninety-three from the nineteen hundred\\neighty-seven statewide average case mix and in a rate year during the\\nperiod January first, nineteen hundred ninety-four through December\\nthirty-first, nineteen hundred ninety-six from the adjusted nineteen\\nhundred ninety-two statewide average case mix shall not exceed the\\nallowable statewide increase as determined in accordance with\\nsubparagraph (i) of this paragraph. Adjustments may be made on a\\nquarterly basis consistent with this annual limitation. If in any\\nquarter of the rate year the cumulative case mix increase for the rate\\nyear exceeds the allowable statewide increase, payment rates to general\\nhospitals shall be adjusted in accordance with rules and regulations\\nadopted by the council and approved by the commissioner which shall\\ncontain the specific methodology to allocate the reduction among general\\nhospitals provided, however, that any funds to be recovered from\\nhospitals based on such adjustments for prior periods shall be recovered\\nby prospective adjustment of rates of payment in accordance with\\nparagraph (c) of this subdivision, in order to reduce the effect of the\\nstatewide increase on rates of payment to reflect the allowable\\nincrease, taking into consideration the effect of any adjustment\\napplicable in the rate period made in accordance with subparagraph (iii)\\nof this paragraph. Case mix changes due to acquired immune deficiency\\nsyndrome, tuberculosis, epidemics or other catastrophes resulting in\\nextraordinary hospital utilization shall not be subject to this\\nlimitation, pursuant to rules and regulations adopted by the council and\\napproved by the commissioner.\\n (B) The commissioner further shall for purposes of payments on an\\ninterim basis periodically compute an adjustment to individual general\\nhospitals' case payment rates for prior periods for payments made by\\nstate governmental agencies to account for increases in the statewide\\naverage case mix, based on increases in statewide average assignment to\\ndiagnosis-related groups for patients that are eligible for medical\\nassistance pursuant to title eleven of article five of the social\\nservices law eligible for payments made by state governmental agencies\\nor by health maintenance organizations, that exceed the allowable\\nstatewide increase as determined in accordance with clause (B-1) of\\nsubparagraph (i) of this paragraph.\\n * NB Effective until December 31, 2020\\n * (ii) The commissioner shall, in accordance with rules and\\nregulations adopted by the council and approved by the commissioner, for\\npurposes of payments on an interim basis periodically compute an\\nadjustment to individual general hospitals' case payment rates for prior\\nperiods for the payor categories specified in paragraphs (a) and (b) of\\nsubdivision one of this section to account for increases in the\\nstatewide average case mix, based on increases in statewide average\\nassignment to diagnosis-related groups for all patients other than\\nbeneficiaries of title XVIII of the federal social security act\\n(medicare), that exceed the allowable statewide increase. The increase\\nin the statewide average case mix in a rate year during the period\\nJanuary first, nineteen hundred eighty-eight through December\\nthirty-first, nineteen hundred ninety-three from the nineteen hundred\\neighty-seven statewide average case mix and in a rate year during the\\nperiod January first, nineteen hundred ninety-four through June\\nthirtieth, nineteen hundred ninety-six from the adjusted nineteen\\nhundred ninety-two statewide average case mix shall not exceed the\\nallowable statewide increase as determined in accordance with\\nsubparagraph (i) of this paragraph. Adjustments may be made on a\\nquarterly basis consistent with this annual limitation. If in any\\nquarter of the rate year the cumulative case mix increase for the rate\\nyear exceeds the allowable statewide increase, payment rates to general\\nhospitals shall be adjusted in accordance with rules and regulations\\nadopted by the council and approved by the commissioner which shall\\ncontain the specific methodology to allocate the reduction among general\\nhospitals provided, however, that any funds to be recovered from\\nhospitals based on such adjustments for prior periods shall be recovered\\nby prospective adjustment of rates of payment in accordance with\\nparagraph (c) of this subdivision, in order to reduce the effect of the\\nstatewide increase on rates of payment to reflect the allowable\\nincrease, taking into consideration the effect of any adjustment\\napplicable in the rate period made in accordance with subparagraph (iii)\\nof this paragraph. Case mix changes due to acquired immune deficiency\\nsyndrome, tuberculosis, epidemics or other catastrophes resulting in\\nextraordinary hospital utilization shall not be subject to this\\nlimitation, pursuant to rules and regulations adopted by the council and\\napproved by the commissioner.\\n * NB Effective December 31, 2020\\n (iii) The commissioner shall, in accordance with rules and regulations\\nadopted by the council and approved by the commissioner, periodically\\nprospectively adjust for purposes of payments on an interim basis\\nindividual general hospitals' case payment rates for the payor\\ncategories specified in paragraphs (a) and (b) of subdivision one of\\nthis section to account for increases in statewide average assignment to\\ndiagnosis-related groups which exceed the allowable statewide increase\\nas determined in accordance with subparagraph (ii) of this paragraph.\\n (iv) Rates of payment of a general hospital shall be adjusted in\\naccordance with paragraph (c) of this subdivision to reflect the\\ndifference between an individual general hospital's case payment rates\\nadjusted in accordance with subparagraph (i) of this paragraph for a\\nrate period and such rates determined in accordance with paragraphs (a)\\nand (b) of subdivision one of this section, taking into consideration\\nany adjustment to case payment rates applicable for such rate period\\nmade in accordance with subparagraphs (ii) and (iii) and for the periods\\nbeginning on or after July first, nineteen hundred ninety, subparagraph\\n(v) of this paragraph.\\n (v) Notwithstanding any inconsistent provision of law, for the periods\\nbeginning on or after July first, nineteen hundred ninety and subsequent\\nannual rate periods beginning January first the commissioner shall\\nreduce, in accordance with the methodology adopted for purposes of\\nadjustments pursuant to subparagraph (ii) of this paragraph, for\\npurposes of payments on an interim basis individual general hospitals'\\ncase payment rates applicable to state governmental agencies for a\\nprospective period to reflect an estimate of the cumulative increase in\\nstatewide average assignment to diagnosis-related groups for prior\\nperiods including prior quarters of the rate period which exceeds the\\nallowable statewide increase specified in subparagraph (i) of this\\nparagraph for the prospective period. Such adjustment if effected for\\nless than an annual prospective rate period shall reflect an annualized\\nadjustment.\\n (vi) Notwithstanding any inconsistent provision of law, adjustments to\\nrates of payment pursuant to this paragraph based on nineteen hundred\\nninety-three data that reflects an increase in statewide average case\\nmix compared to nineteen hundred eighty-seven that exceeds the increase\\nbased on nineteen hundred ninety-two data in statewide average case mix\\ncompared to nineteen hundred eighty-seven shall not be implemented until\\nApril first, nineteen hundred ninety-five and shall be made\\nprospectively for rates of payment issued effective April first,\\nnineteen hundred ninety-five including the impact of such adjustment for\\nthe period January first, nineteen hundred ninety-five through March\\nthirtieth, nineteen hundred ninety-five.\\n (g) Notwithstanding any other provisions of this section, all costs\\nand statistics that are related to inpatient services provided to\\nbeneficiaries of title XVIII of the federal social security act\\n(medicare) shall not be included in the establishment of any payment\\nrates computed in accordance with the provisions of this section.\\n (i) Unless provided otherwise in specific provisions included in this\\nsection, the exclusion of costs which are related to routine inpatient\\nservices provided to beneficiaries of title XVIII of the federal social\\nsecurity act (medicare) and covered by title XVIII of the federal social\\nsecurity act (medicare) shall be based on the nineteen hundred\\neighty-five inpatient days actually paid on behalf of beneficiaries of\\ntitle XVIII of the federal social security act (medicare) plus any days\\nfor such beneficiaries not paid on the basis of a decision by a review\\nagent that the days were unnecessary. Ancillary costs related to\\ninpatient services provided to beneficiaries of title XVIII of the\\nfederal social security act (medicare) and covered by title XVIII of the\\nfederal social security act (medicare) shall be excluded on the basis of\\nthe nineteen hundred eighty-five cost center ratio of hospital ancillary\\ninpatient service charges related to such beneficiaries to total\\nhospital cost center inpatient ancillary services charges applied to\\ncost center costs. Inpatient malpractice insurance costs which are\\nattributable to title XVIII of the federal social security act\\n(medicare) shall be excluded based on the methodology employed by title\\nXVIII of the federal social security act (medicare) to identify such\\ncosts.\\n (ii) Costs and statistics related to inpatient services provided to\\nbeneficiaries of title XVIII of the federal social security act\\n(medicare) and covered by a secondary payor shall be excluded in\\naccordance with rules and regulations adopted by the council and\\napproved by the commissioner in the determination of case payment rates\\ncomputed in accordance with the provisions of this section.\\n (h)(i) Any malpractice insurance costs which are the result of general\\nhospitals having to purchase or provide excess malpractice insurance\\ncoverage for physicians in accordance with section nineteen of chapter\\ntwo hundred ninety-four of the laws of nineteen hundred eighty-five or\\nsection eighteen of chapter two hundred sixty-six of the laws of\\nnineteen hundred eighty-six as amended shall not be included in\\ncalculating malpractice insurance costs for purposes of paragraph (e) of\\nsubdivision one of this section.\\n (ii) The component of general hospital reimbursable inpatient\\noperating costs based on the general hospital's inpatient malpractice\\ninsurance costs plus the component of special additional inpatient\\noperating costs determined in accordance with subparagraphs (i) and\\n(iii) of paragraph (e) of subdivision one of this section specifically\\nrelated to inpatient malpractice insurance costs used to determine\\npayment rates for annual rate periods beginning on or after January\\nfirst, nineteen hundred eighty-eight shall be allocated among the payors\\nin accordance with regulations adopted by the council and approved by\\nthe commissioner.\\n (i) For patients discharged during the period April first, nineteen\\nhundred ninety-two through March thirty-first, nineteen hundred\\nninety-three insured under a commercial insurer licensed to do business\\nin this state and authorized to write accident and health insurance and\\nwhose policy provides inpatient hospital coverage on an expense incurred\\nbasis, the payment rate shall be increased in addition to the payment\\nrate conversion factor of thirteen percent by a supplementary payment\\nrate conversion factor of eleven percent for a total conversion factor\\nof twenty-four percent. This paragraph shall not apply to payments\\npursuant to the workers' compensation law, the volunteer firefighters'\\nbenefit law, the volunteer ambulance workers' benefit law, the\\ncomprehensive motor vehicle insurance reparations act, the terms of any\\npersonal injury liability insurance policy, marine and inland marine\\ninsurance policy or marine protections and indemnity insurance policy.\\n (j) No operating cost ceilings or disallowances other than those\\napplicable for purposes of the determination of a general hospital's\\nreimbursable inpatient operating cost base in accordance with paragraph\\n(d) of subdivision one of this section shall be applied to general\\nhospitals, except for any cost ceilings or disallowances applied for\\npurposes of subdivision twenty-four of this section and cost\\ndisallowances for general hospitals with rates based on budgeted costs.\\n (k) Notwithstanding any inconsistent provision of this section, case\\nbased rates of payment per discharge may, in accordance with rules and\\nregulations adopted by the council and approved by the commissioner,\\nreflect incorporation of severity of illness considerations in the\\nmethodology to determine such rates of payment.\\n (l) Notwithstanding any inconsistent provision of this section,\\nnothing in this section shall preclude a modification to case based\\nrates of payment per discharge in accordance with rules and regulations\\nadopted by the council and approved by the commissioner to reflect\\nreadmission of an individual or unnecessary multiple admissions of an\\nindividual to a general hospital or general hospitals.\\n (m) Notwithstanding any inconsistent provision of this section, a\\ngeneral hospital that exceeded maximum charge limitations as determined\\nby the commissioner in the rate periods nineteen hundred eighty-four\\nthrough nineteen hundred eighty-seven may be authorized in accordance\\nwith rules and regulations adopted by the council and approved by the\\ncommissioner to reduce payments determined pursuant to this section in\\norder to effect a reduction equivalent to such amount by which such\\ngeneral hospital exceeded maximum charge limitations.\\n (n) (i) For a patient discharged from a general hospital on or after\\nAugust first, nineteen hundred eighty-eight and covered by a payor\\nincluded in the payor categories specified in paragraph (a) or (b) of\\nsubdivision one of this section that provides for a percentage\\ncoinsurance responsibility by or on behalf of such patient for covered\\nhospital services: (A) the dollar value of such percentage coinsurance\\nresponsibility by or on behalf of such patient shall be determined by\\nmultiplying such coinsurance percentage by the hospital's charges for\\nsuch patient, determined in accordance with paragraph (c) of subdivision\\none of this section or paragraph (e) of subdivision four of this section\\nfor a general hospital or distinct unit of a general hospital not\\nreimbursed on case based payments, for the services covered by the\\npayor, considering any applicable deductibles, and (B) the payment due\\nto a general hospital for reimbursement of inpatient hospital services\\nby such payor shall be determined by multiplying the payment rate\\ndetermined in accordance with this section for such patient for covered\\nhospital services by the coinsurance percentage for which such payor is\\nresponsible, considering any applicable deductibles.\\n (ii) A patient covered by a payor included in the payor categories\\nspecified in paragraph (a) or (b) of subdivision one of this section\\nshall be deemed liable for the payment rate for inpatient hospital\\nservices for such patient for covered services determined in accordance\\nwith this section based on the rate of payment for such payor, provided,\\nhowever, that for a patient discharged from a general hospital on or\\nafter August first, nineteen hundred eighty-eight a percentage\\ncoinsurance responsibility by or on behalf of such patient shall be\\ndeemed satisfied by payment of the dollar value of such percentage\\ncoinsurance responsibility determined in accordance with clause (A) of\\nsubparagraph (i) of this paragraph.\\n (o) No general hospital shall refuse to provide hospital services to a\\nperson presented or proposed to be presented for admission to such\\ngeneral hospital by a representative of a correctional facility or a\\nlocal correctional facility as defined respectively in subdivisions\\nfour, fifteen and sixteen of section two of the correction law based\\nsolely on the grounds such person is an inmate of such correctional\\nfacility or local correctional facility. No general hospital may demand\\nor request any charge for hospital services provided to such person in\\naddition to the charges or rates authorized in accordance with this\\narticle, except for charges for identifiable additional hospital costs\\nassociated with or reasonable additional charges associated with\\nsecurity arrangements for such person.\\n (p)(i) Notwithstanding any inconsistent provision of law, a general\\nhospital that provides an inpatient component of hospice care for\\npersons eligible for payments to a hospice by a government agency made\\nin accordance with subdivisions two and three of section four thousand\\ntwelve of this chapter shall be reimbursed for such inpatient services\\nby or on behalf of the hospice at a rate of payment no greater than the\\napplicable rate of payment determined in accordance with subdivisions\\ntwo and three of section four thousand twelve of this chapter for such\\nhospice and no general hospital may charge for such inpatient services\\nrendered an amount in excess of such applicable rate of payment.\\n (ii) Notwithstanding any inconsistent provision of law, a general\\nhospital that provides in accordance with contractual arrangements\\nbetween a hospice and such general hospital an inpatient component of\\nhospice care for persons who are not eligible for payments to the\\nhospice by a government agency made in accordance with subdivisions two\\nand three of section four thousand twelve of this chapter or as\\nbeneficiaries of title XVIII of the federal social security act\\n(medicare) shall be reimbursed for such inpatient services by or on\\nbehalf of the hospice in accordance with such contractual arrangements.\\n (q) A third-party payor specified in paragraph (a), (b) or (c) of\\nsubdivision one of this section, with the exception of governmental\\nagencies, shall provide the general hospital with a remittance advice at\\nthe time payment or adjustment to such payment is made. Such remittance\\nadvice shall include the patient's name, date of service, admission or\\nfinancial control number if available and diagnosis-related group\\nclassification number if applicable and if different than that billed by\\nthe hospital. Such remittance advice shall also include (i) the amount\\nor percentage payable under the policy or certificate after deductibles,\\nco-payments and any other reduction of the amount billed including\\ndeductions for prompt payment; and (ii) a specific explanation of any\\ndenial, reduction, or other reason including any other third-party payor\\ncoverage, for not providing full reimbursement of the amount claimed.\\n * (r) Notwithstanding any inconsistent provision of this section, for\\npurposes of establishing rates of payment by state governmental agencies\\nfor general hospital inpatient services provided for discharges on or\\nafter April first, nineteen hundred ninety-five, the reimbursable base\\nyear inpatient administrative and general costs of a general hospital,\\nwhich shall include but not be limited to reported administrative and\\ngeneral, data processing, non-patient telephone, purchasing, admitting,\\nand credit and collection costs, excluding a provider reimbursed on an\\ninitial budget basis, shall not exceed the statewide average of total\\nreimbursable base year inpatient administrative and general costs. For\\nthe purposes of this paragraph, reimbursable base year administrative\\nand general costs shall mean those base year administrative and general\\ncosts remaining after application of all other efficiency standards,\\nincluding, but not limited to, peer group cost ceilings or guidelines.\\nThe limitation on reimbursement for provider administrative and general\\nexpenses provided by this paragraph shall be expressed as a percentage\\nreduction of the operating cost component of the rate promulgated by the\\ncommissioner for each general hospital.\\n * NB Expired March 31, 2011\\n * (s) Notwithstanding any inconsistent provisions of this section, for\\nthe period July first, nineteen hundred ninety-six through March\\nthirty-first, nineteen hundred ninety-seven, the commissioner shall\\nincrease rates of payment for patients eligible for payments made by\\nstate governmental agencies by an amount not to exceed forty-five\\nmillion dollars in the aggregate to be allocated among those voluntary\\nnon-profit and private proprietary general hospitals which qualified for\\nrate adjustments pursuant to this paragraph as in effect for the period\\nJuly first, nineteen hundred ninety-five through June thirtieth,\\nnineteen hundred ninety-six proportionally based on each such general\\nhospital's proportional share of the total funds allocated pursuant to\\nthis paragraph as in effect for the period of July first, nineteen\\nhundred ninety-five through June thirtieth, nineteen hundred ninety-six.\\n * NB Expires December 31, 2020\\n (s-1) To the extent funds are available pursuant to the provisions of\\nparagraph (s-2) of this subdivision and otherwise notwithstanding any\\ninconsistent provision of law to the contrary, for the rate periods\\nSeptember first, nineteen hundred ninety-seven through March\\nthirty-first, nineteen hundred ninety-eight, and April first, nineteen\\nhundred ninety-eight through March thirty-first, nineteen hundred\\nninety-nine, the commissioner shall increase rates of payment for\\npatients eligible for payments made by state governmental agencies by an\\namount not to exceed forty-eight million dollars in the aggregate for\\neach such rate period, allocated among those voluntary non-profit and\\nprivate proprietary general hospitals which qualified for rate\\nadjustments pursuant to paragraph (s) of this subdivision as in effect\\nfor the period July first, nineteen hundred ninety-five through June\\nthirtieth, nineteen hundred ninety-six proportionally based on each such\\ngeneral hospital's proportional share of total funds allocated pursuant\\nto paragraph (s) of this subdivision as in effect for the period of July\\nfirst, nineteen hundred ninety-five through June thirtieth, nineteen\\nhundred ninety-six. The rate adjustments calculated in accordance with\\nthis paragraph shall be subject to retrospective reconciliation to\\nensure that each hospital receives in the aggregate its proportionate\\nshare of the full allocation, to the extent allowable under federal law,\\nprovided however that the department shall not be required to reconcile\\npayments made pursuant to paragraph (s) of this subdivision applicable\\nto periods prior to September first, nineteen hundred ninety-seven.\\n (s-2) (i) Notwithstanding any inconsistent provision of law to the\\ncontrary, the following funds heretofore or hereinafter accumulated\\nshall be transferred by the commissioner and credited to the credit of\\nthe state general fund medical assistance local assistance account in an\\naggregate amount equal to the non-federal share of the costs of the rate\\nadjustments authorized pursuant to paragraph (s-1) of this subdivision:\\n (A) from pool reserves from statewide and regional pools established\\npursuant to sections twenty-eight hundred seven-a, twenty-eight hundred\\nseven-c, and twenty-eight hundred eight-c of this article;\\n (B) from unobligated monies available pursuant to paragraph (b) of\\nsubdivision nineteen of section twenty-eight hundred seven-c of this\\narticle;\\n (C) from interest income derived from pools established pursuant to\\nsections twenty-eight hundred seven-k, twenty-eight hundred seven-l and\\ntwenty-eight hundred seven-s of this article.\\n (ii) To the extent that funds available pursuant to the provisions of\\nsubparagraph (i) of this paragraph are insufficient to meet the\\nnon-federal share of the costs of the rate adjustments authorized\\npursuant to paragraph (s-1) of this subdivision, the following funds\\nhereto or hereinafter accumulated may be transferred by the commissioner\\nto the state general fund medical assistance local assistance account\\nfor the purposes set forth in subparagraph (i) of this paragraph:\\n (A) from unobligated monies available pursuant to paragraphs (g) and\\n(j) of subdivision 1 of section twenty-eight hundred seven-l of this\\narticle;\\n (B) from unobligated monies available pursuant to clause (D) of\\nsubparagraph (ii) of paragraph (b) of subdivision one of section\\ntwenty-eight hundred seven-l of this article.\\n (iii) Notwithstanding any inconsistent provision of law to the\\ncontrary, the commissioner shall transfer up to an additional two\\nmillion dollars from the funding sources identified in subparagraph (i)\\nof this paragraph to the state general fund. To the extent monies\\navailable from the funding sources identified in subparagraph (i) of\\nthis paragraph total less than two million dollars, the commissioner\\nshall transfer monies from funding sources identified in subparagraph\\n(ii) of this paragraph to the state general fund so that the total\\namount transferred pursuant to this provision equals two million\\ndollars.\\n (s-3) To the extent funds are available pursuant to the provisions of\\nparagraph (s-4) of this subdivision and otherwise notwithstanding any\\ninconsistent provision of law to the contrary, for the rate period July\\nfirst, nineteen hundred ninety-nine through March thirty-first, two\\nthousand, the commissioner shall increase rates of payment for patients\\neligible for payments made by state governmental agencies by an amount\\nnot to exceed thirty-six million dollars in the aggregate. Such amount\\nshall be allocated among those voluntary non-profit and private\\nproprietary general hospitals which continue to provide inpatient\\nservices as of July first, nineteen hundred ninety-nine under a previous\\nor new name and which qualified for rate adjustments pursuant to\\nparagraph (s) of this subdivision as in effect for the period July\\nfirst, nineteen hundred ninety-five through June thirtieth, nineteen\\nhundred ninety-six proportionally based on each such general hospital's\\nproportional share of total funds allocated pursuant to paragraph (s) of\\nthis subdivision as in effect for the period of July first, nineteen\\nhundred ninety-five through June thirtieth, nineteen hundred ninety-six,\\nprovided however, that amounts allocable to previously but no longer\\nqualified hospitals shall be proportionally reallocated to the remaining\\nqualified hospitals. The rate adjustments calculated in accordance with\\nthis paragraph shall be subject to retrospective reconciliation to\\nensure that each hospital receives in the aggregate its proportionate\\nshare of the full allocation, to the extent allowable under federal law,\\nprovided however that the department shall not be required to reconcile\\npayments made pursuant to paragraph (s) of this subdivision applicable\\nto periods prior to September first, nineteen hundred ninety-seven.\\n (s-4) Notwithstanding any inconsistent provision of law to the\\ncontrary, funds available pursuant to section 32-c of part F of the\\nchapter of the laws of nineteen hundred ninety-nine which adds this\\nparagraph shall be transferred by the commissioner and credited to the\\ncredit of the state general fund medical assistance local assistance\\naccount in an aggregate amount equal to the non-federal share of the\\ncosts of the rate adjustments authorized pursuant to paragraph (s-3) of\\nthis subdivision.\\n * (s-5) To the extent funds are available pursuant to paragraph (s) of\\nsubdivision one of section twenty-eight hundred seven-v of this article\\nand otherwise notwithstanding any inconsistent provision of law, for\\nrate periods April first, two thousand through March thirty-first, two\\nthousand three, the commissioner shall increase rates of payment for\\npatients eligible for payments made by state governmental agencies by an\\namount not to exceed forty-eight million dollars annually in the\\naggregate. Such amount shall be allocated among those voluntary\\nnon-profit and private proprietary general hospitals which continue to\\nprovide inpatient services as of July first, nineteen hundred\\nninety-nine under a previous or new name and which qualified for rate\\nadjustments pursuant to paragraph (s) of this subdivision as in effect\\nfor the period July first, nineteen hundred ninety-five through June\\nthirtieth, nineteen hundred ninety-six proportionally based on each such\\ngeneral hospital's proportional share of total funds allocated pursuant\\nto paragraph (s) of this subdivision as in effect for the period of July\\nfirst, nineteen hundred ninety-five through June thirtieth, nineteen\\nhundred ninety-six, provided however, that amounts allocable to\\npreviously but no longer qualified hospitals shall be proportionally\\nreallocated to the remaining qualified hospitals. The rate adjustments\\ncalculated in accordance with this paragraph shall be subject to\\nretrospective reconciliation to ensure that each hospital receives in\\nthe aggregate its proportionate share of the full allocation, to the\\nextent allowable under federal law, provided however that the department\\nshall not be required to reconcile payments made pursuant to paragraph\\n(s) of this subdivision applicable to periods prior to September first,\\nnineteen hundred ninety-seven.\\n * NB Expires December 31, 2020\\n (s-6) To the extent funds are available otherwise notwithstanding any\\ninconsistent provision of law to the contrary, for rate periods April\\nfirst, two thousand three through March thirty-first, two thousand five,\\nthe commissioner shall increase rates of payment for patients eligible\\nfor payments made by state governmental agencies by an amount not to\\nexceed forty-eight million dollars annually in the aggregate. Such\\namount shall be allocated among those voluntary non-profit and private\\nproprietary general hospitals which continue to provide inpatient\\nservices as of July first, nineteen hundred ninety-nine under a previous\\nor new name and which qualified for rate adjustments pursuant to\\nparagraph (s) of this subdivision as in effect for the period July\\nfirst, nineteen hundred ninety-five through June thirtieth, nineteen\\nhundred ninety-six proportionally based on each such general hospital's\\nproportional share of total funds allocated pursuant to paragraph (s) of\\nthis subdivision as in effect for the period of July first, nineteen\\nhundred ninety-five through June thirtieth, nineteen hundred ninety-six,\\nprovided however, that amounts allocable to previously but no longer\\nqualified hospitals shall be proportionally reallocated to the remaining\\nqualified hospitals. The rate adjustments calculated in accordance with\\nthis paragraph shall be subject to retrospective reconciliation to\\nensure that each hospital receives in the aggregate its proportionate\\nshare of the full allocation, to the extent allowable under federal law,\\nprovided however that the department shall not be required to reconcile\\npayments made pursuant to paragraph (s) of this subdivision applicable\\nto periods prior to September first, nineteen hundred ninety-seven.\\nThese payments may be added to rates of payment or made as aggregate\\npayments to eligible hospitals.\\n (s-7) To the extent funds are available otherwise notwithstanding any\\ninconsistent provision of law to the contrary, for rate periods April\\nfirst, two thousand five through March thirty-first, two thousand seven,\\nthe commissioner shall increase rates of payment for patients eligible\\nfor payments made by state governmental agencies by an amount not to\\nexceed forty-eight million dollars annually in the aggregate. Such\\namount shall be allocated among those voluntary non-profit and private\\nproprietary general hospitals which continue to provide inpatient\\nservices as of April first, two thousand five under a previous or new\\nname and which qualified for rate adjustments pursuant to paragraph (s)\\nof this subdivision as in effect for the period July first, nineteen\\nhundred ninety-five through June thirtieth, nineteen hundred ninety-six\\nproportionally based on each such general hospital's proportional share\\nof total funds allocated pursuant to paragraph (s) of this subdivision\\nas in effect for the period of July first, nineteen hundred ninety-five\\nthrough June thirtieth, nineteen hundred ninety-six, provided however,\\nthat amounts allocable to previously but no longer qualified hospitals\\nshall be proportionally reallocated to the remaining qualified\\nhospitals. The rate adjustments calculated in accordance with this\\nparagraph shall be subject to retrospective reconciliation to ensure\\nthat each hospital receives in the aggregate its proportionate share of\\nthe full allocation, to the extent allowable under federal law, provided\\nhowever that the department shall not be required to reconcile payments\\nmade pursuant to paragraph (s) of this subdivision applicable to periods\\nprior to September first, nineteen hundred ninety-seven.\\n (s-8) To the extent funds are available and otherwise notwithstanding\\nany inconsistent provision of law to the contrary, for rate periods on\\nand after April first, two thousand seven through November thirtieth,\\ntwo thousand nine, the commissioner shall increase rates of payment for\\npatients eligible for payments made by state governmental agencies by an\\namount not to exceed sixty million dollars annually in the aggregate.\\nSuch amount shall be allocated among those voluntary non-profit general\\nhospitals which continue to provide inpatient services as of April\\nfirst, two thousand seven through March thirty-first, two thousand eight\\nand which have medicaid inpatient discharges percentages equal to or\\ngreater than thirty-five percent. This percentage shall be computed\\nbased upon data reported to the department in each hospital's two\\nthousand four institutional cost report, as submitted to the department\\non or before January first, two thousand seven. The rate adjustments\\ncalculated in accordance with this paragraph shall be allocated\\nproportionally based on each eligible hospital's total reported medicaid\\ninpatient discharges in two thousand four, to the total reported\\nmedicaid inpatient discharges for all such eligible hospitals in two\\nthousand four, provided, however, that such rate adjustments shall be\\nsubject to reconciliation to ensure that each hospital receives in the\\naggregate its proportionate share of the full allocation to the extent\\nallowable under federal law. Such payments may be added to rates of\\npayment or made as aggregate payments to eligible hospitals, provided,\\nhowever, that subject to the availability of federal financial\\nparticipation and solely for the period April first, two thousand seven\\nthrough March thirty-first, two thousand eight, six million dollars in\\nthe aggregate of this sixty million dollars shall be allocated to\\nvoluntary non-profit hospitals which continue to provide inpatient\\nservices as of April first, two thousand seven through March\\nthirty-first, two thousand eight and which have Medicaid inpatient\\ndischarge percentages of less than thirty-five percent and which had\\npreviously qualified for distributions pursuant to paragraph (s-7) of\\nthis subdivision. The rate adjustment calculated in accordance with this\\nparagraph shall be allocated proportionally based on the amount of money\\nthe hospital had received in two thousand six.\\n 12. Provisions for article forty-three insurance law corporations and\\narticle forty-four of this chapter organizations. Except as provided in\\nparagraphs (a) and (b) of this subdivision, general hospital charges for\\ninpatient and outpatient services to subscribers or beneficiaries of\\ncontracts entered into pursuant to the provisions of article forty-three\\nof the insurance law or to members of a comprehensive health services\\nplan operating pursuant to the provisions of article forty-four of this\\nchapter for patient services rendered shall not exceed the rates of\\npayment approved by the commissioner for payments by such article\\nforty-three insurance law corporations or article forty-four\\norganizations. No general hospital may demand or request any charge for\\nsuch covered services in addition to the charges or rates authorized by\\nthis article.\\n (a) Any general hospital which terminated its contract with an article\\nnine-c insurance law corporation or a comprehensive health services plan\\nafter October first, nineteen hundred seventy-six and prior to May\\nfirst, nineteen hundred seventy-eight, may not charge subscribers or\\nbeneficiaries of contracts entered into pursuant to the provisions of\\narticle forty-three of the insurance law, or members of a comprehensive\\nhealth services plan operating pursuant to the provisions of article\\nforty-four of this chapter, amounts in excess of the payments\\nestablished by such hospital for patient services in accordance with the\\nprovisions of paragraph (c) of subdivision one of this section, or in\\nthe event the article forty-three insurance law corporation or\\ncomprehensive health services plan operating pursuant to the provisions\\nof article forty-four of this chapter provides for reimbursement on an\\nexpense incurred basis and makes payment directly to such hospital for\\npatient services for its subscribers or beneficiaries, such article\\nforty-three insurance law corporation or comprehensive health services\\nplan shall be an additional category of payor of inpatient hospital\\nservices whose rates of payment are determined in accordance with\\nparagraph (b) of subdivision one of this section based on an imputed\\nrate of payment determined in accordance with paragraph (a) of\\nsubdivision one of this section for an article forty-three insurance law\\ncorporation, adjusted for uncovered services, and increased by thirteen\\npercent.\\n (b) Any general hospital which had notified in writing an article\\nnine-c corporation or a comprehensive health services plan prior to June\\nfirst, nineteen hundred seventy-eight of its intention to terminate its\\ncontract with such corporation or plan in accordance with the terms of\\nsuch contract, except a general hospital subject to the provisions of\\nparagraph (a) of this subdivision may not charge a subscriber or\\nbeneficiary of a contract entered into pursuant to the provisions of\\narticle forty-three of the insurance law, or a member of a comprehensive\\nhealth services plan operating pursuant to the provisions of article\\nforty-four of this chapter, after the effective date of termination of\\nsuch contract, amounts in excess of the payments established by such\\nhospital for patient services in accordance with the provisions of\\nparagraph (c) of subdivision one of this section, or in the event the\\narticle forty-three insurance law corporation or comprehensive health\\nservices plan operating pursuant to the provisions of article forty-four\\nof this chapter provides for reimbursement on an expense incurred basis\\nand makes payment directly to such hospital for patient services for its\\nsubscribers or beneficiaries, such article forty-three insurance law\\ncorporation or comprehensive health services plan shall be an additional\\ncategory of payor of inpatient hospital services whose rates of payment\\nare determined in accordance with paragraph (b) of subdivision one of\\nthis section based on an imputed rate of payment determined in\\naccordance with paragraph (a) of subdivision one of this section for an\\narticle forty-three insurance law corporation, adjusted for uncovered\\nservices, and increased by thirteen percent.\\n (c) No general hospital shall refuse to provide patient services to\\nsuch subscribers or beneficiaries solely on the grounds of such\\nsubscription or membership.\\n (d) The provisions of this subdivision shall also apply to payments to\\ngeneral hospitals by a corporation organized and operating in accordance\\nwith article forty-three of the insurance law for inpatient and\\noutpatient services on behalf of subscribers of a foreign corporation\\nwhich performs similar functions in another state or which belongs to a\\nnational association comprised of similar corporations to which the\\narticle forty-three corporation also belongs; provided, however, the\\nforeign corporation or the laws of the state in which the foreign\\ncorporation is organized extends to article forty-three corporations\\norganized and operating in this state a reciprocal right to have the\\nforeign corporation make payments to hospitals in that other state on\\nbehalf of subscribers of the article forty-three corporations at the\\nsame rate of payment as that foreign corporation pays for its own\\nsubscribers.\\n * (e) The provisions of this subdivision shall not apply to patients\\ndischarged on or after January first, nineteen hundred ninety-seven.\\n * NB Expires December 31, 2020\\n 13. Restitution authorization. In enforcing the provisions of\\nsubdivisions one and twelve of this section, the commissioner may, in\\naddition to the penalties and injunctions set forth in section twelve of\\nthis chapter, order that any general hospital provide restitution for\\nany overpayments made by any party. Any hospital may request a formal\\nhearing pursuant to the provisions of section twelve-a of this chapter\\nin the event the hospital objects to any order of the commissioner\\nhereunder. The commissioner may direct that such a hearing be held\\nwithout any request by a hospital.\\n 14. Bad debt and charity care allowance. * (a) With the exception of\\nrates of payment for services provided to beneficiaries of title XVIII\\nof the federal social security act (medicare), all rates and general\\nhospital charges, including rates of payment for state governmental\\nagencies provided all federal approvals necessary by federal law and\\nregulation for federal financial participation in payments made for\\nbeneficiaries eligible for medical assistance under title XIX of the\\nfederal social security act based upon the allowance provided herein as\\na component of such payments are granted, established for rate periods\\ncommencing on or after January first, nineteen hundred eighty-eight and\\nprior to January first, nineteen hundred ninety-seven in accordance with\\nthis section shall include the allowance specified in paragraph (c) of\\nthis subdivision. The allowance shall be computed on the basis of the\\noperating and capital related components of such rates after trending of\\nthe operating portion. For the purposes of this subdivision and\\nsubdivision seventeen of this section, major public general hospitals\\nare defined as all state operated general hospitals, all general\\nhospitals operated by the New York city health and hospitals corporation\\nas established by chapter one thousand sixteen of the laws of nineteen\\nhundred sixty-nine as amended and all other public general hospitals\\nhaving annual inpatient operating costs in excess of twenty-five million\\ndollars.\\n * NB Effective until December 31, 2020\\n * (a) With the exception of rates of payment for services provided to\\nbeneficiaries of title XVIII of the federal social security act\\n(medicare), all rates and general hospital charges, including rates of\\npayment for state governmental agencies provided all federal approvals\\nnecessary by federal law and regulation for federal financial\\nparticipation in payments made for beneficiaries eligible for medical\\nassistance under title XIX of the federal social security act based upon\\nthe allowance provided herein as a component of such payments are\\ngranted, established for rate periods commencing on or after January\\nfirst, nineteen hundred eighty-eight in accordance with this section\\nshall include the allowance specified in paragraph (c) of this\\nsubdivision. The allowance shall be computed on the basis of the\\noperating and capital related components of such rates after trending of\\nthe operating portion. For the purposes of this subdivision and\\nsubdivision seventeen of this section, major public general hospitals\\nare defined as all state operated general hospitals, all general\\nhospitals operated by the New York city health and hospitals corporation\\nas established by chapter one thousand sixteen of the laws of nineteen\\nhundred sixty-nine as amended and all other public general hospitals\\nhaving annual inpatient operating costs in excess of twenty-five million\\ndollars.\\n * NB Effective December 31, 2020\\n (b) The allowance shall be a percentage to reflect the needs for the\\nfinancing of losses resulting from bad debts and the costs of charity\\ncare of general hospitals within article forty-three insurance law\\nregions, or such other regions as adopted pursuant to subdivision\\nsixteen of this section, and within a statewide determination of\\nfinancial resources to be committed for this purpose.\\n Need shall be defined as inpatient losses from bad debts reduced to\\ncost and the inpatient costs of charity care increased by any deficit of\\nsuch hospital from providing ambulatory services, excluding any portion\\nof such deficit resulting from governmental payments below average visit\\ncosts, and revenues and expenses related to the provision of referred\\nambulatory services. Funds received by major public general hospitals\\npursuant to article forty-one of the mental hygiene law shall be\\nconsidered to have been provided for inpatient hospital deficits only.\\nThe council shall adopt rules and regulations, subject to the approval\\nof the commissioner, to establish uniform reporting and accounting\\nprinciples designed to enable hospitals to fairly and accurately\\ndetermine and report losses from bad debts and the costs of charity\\ncare.\\n (c) The regional amounts to be included in rates approved for the rate\\nyear commencing January first, nineteen hundred eighty-eight shall be\\nequal to the sum of the following two components divided by the total\\nreimbursable inpatient costs for the general hospitals located in the\\nregion, excluding inpatient costs related to beneficiaries of title\\nXVIII of the federal social security act (medicare), and after\\napplication of the trend factor. The first component shall be the result\\nof the ratio between the total nominal payment amount in dollars as\\ndetermined in subparagraph (i) of this paragraph that would be allocated\\nto voluntary non-profit, private proprietary and public general\\nhospitals other than major public general hospitals in the region based\\non a targeted need formula applied in accordance with subparagraphs (i)\\nand (ii) of this paragraph and the statewide sum of such nominal payment\\namounts to voluntary non-profit, private proprietary and public general\\nhospitals other than major public general hospitals applied to the total\\nstatewide resources committed for this purpose to regional pools in the\\nrate year, excluding the total statewide amount allocated in the rate\\nyear for this purpose to major public general hospitals in accordance\\nwith subparagraph (iii) of this paragraph. The second component shall be\\nthe dollar amount allocated to major public general hospitals in the\\nregion in accordance with subparagraph (iii) of this paragraph. The\\nregional amount to be included in the rates approved for the rate years\\ncommencing on or after January first, nineteen hundred eighty-nine shall\\nbe computed in the same manner except that the base year for the\\ntargeted need as specified in subparagraph (i) of this paragraph shall\\nbe the calendar year which is two years prior to the rate year. For each\\nannual rate period commencing on or after January first, nineteen\\nhundred eighty-eight, the statewide amount to be available in regional\\npools for this purpose shall equal five and forty-eight hundredths\\npercent of the total hospital reimbursable inpatient costs, excluding\\ninpatient costs related to services provided to beneficiaries of title\\nXVIII of the federal social security act (medicare), computed without\\nconsideration of inpatient uncollectible amounts, and after application\\nof the trend factor.\\n (i) Targeted need shall be defined as the relationship of need to net\\npatient service revenue expressed as a percentage. Net patient service\\nrevenue shall be defined as net patient revenue attributable to\\ninpatient and outpatient services excluding referred ambulatory\\nservices. For the rate year beginning January first, nineteen hundred\\neighty-eight and ending December thirty-first, nineteen hundred\\neighty-eight the scale specified in subparagraph (ii) of this paragraph\\nshall be utilized to calculate individual hospital's nominal payment\\namounts on the basis of the percentage relationship between their\\nnineteen hundred eighty-six need and nineteen hundred eighty-six net\\npatient service revenues. The nominal payment amount shall be defined as\\nthe sum of the dollars attributable to the application of an\\nincrementally increasing proportion of reimbursement for percentage\\nincreases in targeted need according to the scale specified in\\nsubparagraph (ii) of this paragraph. The sum of the nominal payment\\namounts for all hospitals in a region shall be the region's total\\nnominal payment amount.\\n (ii) The scale utilized for development of each hospital's nominal\\npayment amount shall be as follows:\\n Percentage of Reimbursement\\n Attributable to that Portion\\n Targeted Need Percentage of Targeted Need\\n 0 -1% 35%\\n 1+ -2% 50%\\n 2+ -3% 65%\\n 3+ -4% 85%\\n 4+ -5% 90%\\n 5%+ 95%\\n (iii) The dollar amount allocated to major public general hospitals in\\na region in the rate years nineteen hundred eighty-eight, nineteen\\nhundred eighty-nine and in that portion of the nineteen hundred ninety\\nrate year beginning on January first and ending on June thirtieth shall\\nbe one hundred two percent and in that portion of the nineteen hundred\\nninety rate year beginning on July first and ending on December\\nthirty-first, and in subsequent rate years shall be one hundred ten\\npercent of the result of the application of the ratio of the major\\npublic general hospitals' inpatient reimbursable costs within the region\\nto total statewide general hospital inpatient reimbursable costs, as\\ncomputed on the basis of nineteen hundred eighty-five financial and\\nstatistical reports and excluding costs related to services to\\nbeneficiaries of title XVIII of the federal social security act\\n(medicare), to the statewide resources committed for this purpose to\\nregional pools, computed without consideration of inpatient\\nuncollectible amounts.\\n (iv) Notwithstanding any inconsistent provision of this section,\\ncommencing April first, nineteen hundred ninety-five the allowance\\npursuant to this subdivision shall be a uniform regional allowance\\npercentage of five and forty-eight hundredths percent for all regions.\\n (d) In the event the regional percentage bad debt and charity care\\nallowances for general hospitals for a rate period commencing on or\\nafter January first, nineteen hundred ninety-four determined in\\naccordance with paragraph (c) of this subdivision to be submitted to bad\\ndebt and charity care regional pools established pursuant to subdivision\\nsixteen of this section and deposited in accordance with subdivision\\nseventeen of this section do not qualify for waiver pursuant to federal\\nlaw and regulation related to such regional allowance variations, in\\norder for such allowances to be qualified as a broad-based health care\\nrelated tax for purposes of the revenues received by the state from such\\nallowances not reducing the amount expended by the state as medical\\nassistance for purposes of federal financial participation, but the\\nregional percentage allowances for the nineteen hundred ninety-three\\nrate year do so qualify, then the regional percentage allowances for the\\nregions for the nineteen hundred ninety-three rate year determined in\\naccordance with paragraph (c) of this subdivision shall be further\\ncontinued for such period for such regions.\\n 14-a. Supplementary bad debt and charity care adjustment. (a)\\nNotwithstanding any inconsistent provision of this section, rates of\\npayment for inpatient hospital services for persons eligible for\\npayments made by state governmental agencies for the period April first,\\nnineteen hundred eighty-nine to December thirty-first, nineteen hundred\\neighty-nine and for each annual period commencing January first during\\nthe period January first, nineteen hundred ninety to December\\nthirty-first, nineteen hundred ninety-three applicable to patients\\neligible for federal financial participation under title XIX of the\\nfederal social security act in medical assistance provided pursuant to\\ntitle eleven of article five of the social services law determined in\\naccordance with this section for a major public general hospital, as\\ndefined in paragraph (a) of subdivision fourteen of this section, shall\\ninclude a supplementary bad debt and charity care adjustment determined\\nin accordance with paragraph (b) of this subdivision provided the state\\ngovernmental agency or the county government in which such general\\nhospital is located, or the city of New York for a general hospital\\noperated by the New York city health and hospitals corporation, files in\\nsuch time and manner as may be specified by the commissioner an election\\nfor such adjustment for such hospital for each period provided that such\\nelection is subject to the approval of the state director of the budget\\nand provided all federal approvals necessary by federal law and\\nregulation for federal financial participation in payments made for\\nbeneficiaries eligible for medical assistance under title XIX of the\\nfederal social security act based upon the adjustment provided herein as\\na component of such payments are granted.\\n (b)(i) A supplementary bad debt and charity care adjustment for the\\nperiod April first, nineteen hundred eighty-nine to December\\nthirty-first, nineteen hundred eighty-nine and for each annual period\\ncommencing January first during the period January first, nineteen\\nhundred ninety to December thirty-first, nineteen hundred ninety-three\\nfor an eligible major public general hospital shall be determined for\\neach period in accordance with rules and regulations adopted by the\\ncouncil and approved by the commissioner based upon the amount\\ncalculated by subtracting the amount projected to be distributed to such\\nmajor public general hospital pursuant to paragraph (a) of subdivision\\nseventeen of this section for such period from an amount calculated as\\nthe product of the projected bad debt and charity care nominal payment\\namount coverage ratio for such period for voluntary non-profit, private\\nproprietary and public general hospitals other than major public general\\nhospitals multiplied by the base year bad debt and charity care imputed\\nnominal payment amount for such major public general hospital determined\\nin accordance with the methodology provided in paragraph (c) of\\nsubdivision fourteen of this section for calculation of a nominal\\npayment amount for voluntary non-profit, private proprietary and public\\ngeneral hospitals other than major public general hospitals. The\\ncoverage ratio shall be computed as the ratio between the sum of the\\ndollar value of the amount committed to the regional pools in accordance\\nwith paragraph (c) of subdivision fourteen of this section and paragraph\\n(a) of subdivision nineteen of this section for the rate period that\\nwould be allocated to voluntary non-profit, private proprietary and\\npublic general hospitals other than major public general hospitals in\\naccordance with paragraph (b) of subdivision seventeen of this section\\nand the base year nominal payment amount for such hospitals.\\n (ii) A supplementary bad debt and charity care adjustment provided in\\naccordance with subparagraph (i) of this paragraph shall be adjusted to\\nreflect actual distributions pursuant to paragraph (a) and (b) of\\nsubdivision seventeen of this section.\\n * (c) Notwithstanding any inconsistent provision of this subdivision,\\na supplementary bad debt and charity care adjustment shall be determined\\nand provided for each of the nineteen hundred ninety-four, nineteen\\nhundred ninety-five and nineteen hundred ninety-six rate periods,\\nprovided that the election pursuant to paragraph (a) of this subdivision\\nis continued for such period, for a major public general hospital equal\\nto the higher of such adjustment for the nineteen hundred ninety-one\\nrate period or for the nineteen hundred ninety-three rate period. The\\nadjustment may be made to rates of payment or as aggregate payments to\\nan eligible hospital.\\n * NB Effective until December 31, 2020\\n * (c) Notwithstanding any inconsistent provision of this subdivision,\\na supplementary bad debt and charity care adjustment shall be determined\\nand provided for each of the nineteen hundred ninety-four, nineteen\\nhundred ninety-five and for the period January first, nineteen hundred\\nninety-six through June thirtieth, nineteen hundred ninety-six rate\\nperiods, provided that the election pursuant to paragraph (a) of this\\nsubdivision is continued for such period, for a major public general\\nhospital equal to the higher of such adjustment for the nineteen hundred\\nninety-one rate period or for the nineteen hundred ninety-three rate\\nperiod. The adjustment may be made to rates of payment or as aggregate\\npayments to an eligible hospital.\\n * NB Effective December 31, 2020\\n * (d) Notwithstanding any inconsistent provision of law, the\\nprovisions of paragraphs (a), (b) and (c) of this subdivision shall not\\napply to payments for patients discharged on or after January first,\\nnineteen hundred ninety-seven.\\n * NB Expires December 31, 2020\\n 14-b. General health care services allowance. (a) With the exception\\nof rates of payment for services provided to beneficiaries of title\\nXVIII of the federal social security act (medicare), all rates and\\ngeneral hospital charges established for rate periods commencing on or\\nafter January first, nineteen hundred ninety-one in accordance with this\\nsection shall include a percentage allowance of the general hospital's\\nreimbursable inpatient costs, excluding inpatient costs related to\\nservices provided to beneficiaries of title XVIII of the federal social\\nsecurity act (medicare), computed without consideration of inpatient\\nuncollectible amounts, and after application of the trend factor, as\\nfollows:\\n (i) for the nineteen hundred ninety-one, nineteen hundred ninety-two\\nand nineteen hundred ninety-three rate periods, an allowance of\\ntwenty-three hundredths of one percent;\\n (ii) for the nineteen hundred ninety-four rate period, an allowance of\\nsix hundred fourteen thousandths of one percent;\\n (iii) for the January first, nineteen hundred ninety-five through June\\nthirtieth, nineteen hundred ninety-five rate period, an allowance of six\\nhundred thirty-seven thousandths of one percent\\n (iv) for the July first, nineteen hundred ninety-five through December\\nthirty-first, nineteen hundred ninety-five rate period, an allowance of\\none and forty-two hundredths percent; and\\n * (v) for the January first, nineteen hundred ninety-six through\\nDecember thirty-first, nineteen hundred ninety-six rate period, an\\nallowance of one and nine hundredths percent.\\n * NB Effective until December 31, 2020\\n * (v) for the January first, nineteen hundred ninety-six through June\\nthirtieth, nineteen hundred ninety-six rate period, an allowance of one\\nand nine hundredths percent.\\n * NB Effective December 31, 2020\\n (b) For rate periods beginning on or after January first, nineteen\\nhundred ninety-one but prior to January first, nineteen hundred\\nninety-four, funds will be accumulated and made available in regional\\npools created by the commissioner for regional distributions in\\naccordance with section twenty-eight hundred seven-bb of this chapter\\nthrough the submission by or on behalf of general hospitals of the\\nallowance included in rates and charges in accordance with paragraph (a)\\nof this subdivision. Such regions shall be those established pursuant to\\nparagraph (b) of subdivision sixteen of this section. The regional pools\\nmay be administered in accordance with the provisions of paragraph (c)\\nof subdivision sixteen of this section applicable to bad debt and\\ncharity care regional pools. Payments by or on behalf of general\\nhospitals to regional pools shall be due and arrearages shall be treated\\nin accordance with the provisions of subdivision twenty of this section\\napplicable to bad debt and charity care regional pools.\\n (c) If on September thirtieth, nineteen hundred ninety-four, any funds\\naccumulated over the period January first, nineteen hundred ninety-one\\nthrough December thirty-first, nineteen hundred ninety-three are unused\\nor uncommitted for the allocations provided for in this subdivision,\\nsuch unused or uncommitted funds shall be reallocated for use in\\naccordance with the provisions of subdivision seventeen of this section.\\n (d) For the rate periods commencing on or after January first,\\nnineteen hundred ninety-four, funds will be accumulated in a statewide\\npool created by the commissioner through the submission by or on behalf\\nof general hospitals of the allowance included in rates and charges in\\naccordance with paragraph (a) of this subdivision, for distributions in\\naccordance with subdivision nineteen-a of this section.\\n (e) The commissioner is authorized to contract with a pool\\nadministrator designated in accordance with paragraph (c) of subdivision\\nsixteen of this section or, if not available, such other administrators\\nas the commissioner shall designate, to receive funds for the pools\\ncreated pursuant to this subdivision and to distribute funds in\\naccordance with this subdivision and subdivision nineteen-a of this\\nsection. If a pool administrator is designated, the commissioner shall\\nconduct or cause to be conducted an annual audit of the receipt and\\ndistribution of pool funds. The reasonable costs and expenses of a pool\\nadministrator as approved by the commissioner, not to exceed for\\npersonnel services on an annual basis two hundred thousand dollars,\\nshall be paid from the pooled funds.\\n (f) (i) Payments to the pools by or on behalf of general hospitals of\\nfunds due based on the allowances provided in accordance with this\\nsubdivision shall be due in accordance with the provisions of\\nsubdivision twenty of this section in the same manner as applicable to\\nbad debt and charity care regional pools. Arrearages in payments due may\\nbe collected and interest and penalties due shall be determined and may\\nbe collected by the commissioner in accordance with the provisions of\\nsubdivision twenty of this section in the same manner as applicable to\\nbad debt and charity care regional pools.\\n (ii) Notwithstanding any inconsistent provision of this section, as\\nshall be necessary to obtain federal financial participation in medical\\nassistance expenditures in accordance with title XIX of the federal\\nsocial security act, the allowances included in rates of payment\\npursuant to this subdivision on behalf of patients eligible for medical\\nassistance pursuant to title eleven of article five of the social\\nservices law shall be withheld from medical assistance payments to\\ngeneral hospitals and paid to pools on behalf of the general hospitals\\nwhere a general hospital elects such withholding in such time and manner\\nas specified by the commissioner, and in the event a general hospital\\ndoes not elect such withholding, payments by such general hospital to a\\npool based on an allowance received for medical assistance patients\\nshall be due within five days of receipt of such funds. Funds withheld\\nby a payor and paid to a pool on behalf of a general hospital shall be\\nconsidered received by such general hospital and paid to the pool by\\nsuch general hospital for all purposes.\\n (g) The allowances provided pursuant to paragraph (a) of this\\nsubdivision shall be effective and implemented for purposes of\\ndetermining rates of payment for state governmental agencies contingent\\non receipt of all federal approvals necessary by federal law or\\nregulations for federal financial participation in payments made for\\nbeneficiaries eligible for medical assistance under title XIX of the\\nfederal social security act based upon such allowances as a component of\\nsuch payments. If such federal approvals are not granted for such\\nallowances or components thereof, rates of payment for state\\ngovernmental agencies shall be determined in accordance with the\\nprovisions of this section without consideration of such allowances or\\nsuch components plus an adjustment not subject to federal financial\\nparticipation equal to one-half of the difference between such rates of\\npayment determined without consideration of such allowances or\\ncomponents and a rate of payment determined based on such allowances or\\ncomponents. The pools established pursuant to this subdivision shall\\nrefund to the state governmental agency from pool reserves, current\\nfunds or future receipts any overpayment received based on a retroactive\\nreduction pursuant to this paragraph in the allowances.\\n (h) The allowances provided pursuant to paragraph (a) of this\\nsubdivision or components thereof shall be of no force and effect and\\nshall be deemed to have been null and void as of January first, nineteen\\nhundred ninety-four in the event the secretary of the department of\\nhealth and human services determines that such allowances or such\\ncomponents thereof are an impermissible health care related tax for\\npurposes of the federal medicaid voluntary contribution and\\nprovider-specific tax amendments of nineteen hundred ninety-one for\\npurposes of such funds reducing the amount deemed expended by the state\\nas medical assistance for purposes of federal financial participation.\\n 14-c. Bad debt and charity care allowance for financially distressed\\nhospitals. * (a) With the exception of rates of payment for services\\nprovided to beneficiaries of title XVIII of the federal social security\\nact (medicare), all rates and general hospital charges established for\\nrate periods commencing on or after January first, nineteen hundred\\nninety-one but prior to January first, nineteen hundred ninety-four in\\naccordance with this section shall include an allowance of two hundred\\nthirty-five thousandths of one percent; and for the rate periods during\\nthe period January first, nineteen hundred ninety-four through December\\nthirty-first, nineteen hundred ninety-six an allowance of three hundred\\ntwenty-five thousandths of one percent of the general hospital's\\nreimbursable inpatient costs, excluding inpatient costs related to\\nservices provided to beneficiaries of title XVIII of the federal social\\nsecurity act (medicare), computed without consideration of inpatient\\nuncollectible amounts, and after application of the trend factor.\\n * NB Effective until December 31, 2020\\n * (a) With the exception of rates of payment for services provided to\\nbeneficiaries of title XVIII of the federal social security act\\n(medicare), all rates and general hospital charges established for rate\\nperiods commencing on or after January first, nineteen hundred\\nninety-one but prior to January first, nineteen hundred ninety-four in\\naccordance with this section shall include an allowance of two hundred\\nthirty-five thousandths of one percent; and for the rate periods during\\nthe period January first, nineteen hundred ninety-four through June\\nthirtieth, nineteen hundred ninety-six an allowance of three hundred\\ntwenty-five thousandths of one percent of the general hospital's\\nreimbursable inpatient costs, excluding inpatient costs related to\\nservices provided to beneficiaries of title XVIII of the federal social\\nsecurity act (medicare), computed without consideration of inpatient\\nuncollectible amounts, and after application of the trend factor.\\n * NB Effective December 31, 2020\\n (b) A statewide pool shall be created through the submissions by or on\\nbehalf of general hospitals of the allowance included in rates and\\ncharges in accordance with paragraph (a) of this subdivision. Funds\\naccumulated in the statewide pool, including income from invested funds,\\nshall be deposited by the commissioner and credited to a special\\nrevenue-other fund to be established by the comptroller. To the extent\\nof funds appropriated therefor, funds shall be made available for\\ndistributions by or on behalf of the state, as payments under the state\\nmedical assistance program provided pursuant to title eleven of article\\nfive of the social services law, from the statewide pool in the same\\nmanner as distributions made in accordance with paragraph (c) of\\nsubdivision nineteen of this section. The statewide pools may be\\nadministered in accordance with the provisions of paragraph (c) of\\nsubdivision sixteen of this section applicable to bad debt and charity\\ncare regional pools. Payments by or on behalf of general hospitals to\\nstatewide pools shall be due and arrearages, interest and penalties\\nshall be treated in accordance with the provisions of subdivision twenty\\nof this section applicable to bad debt and charity care regional pools.\\n (c) Notwithstanding any inconsistent provision of law, the\\ncommissioner may allocate and distribute funds accumulated in the\\nstatewide pool created pursuant to this subdivision and funds\\naccumulated in the statewide pool created by the assessments authorized\\nin accordance with subdivision eighteen of this section and available\\nfor distribution in accordance with paragraphs (c) and (d) of\\nsubdivision nineteen of this section for contracts for independent\\nmanagement audits of financially distressed hospitals, provided,\\nhowever, that the total amount for audits pursuant to this paragraph\\nshall not exceed two million five hundred thousand dollars over the\\nperiod January first, nineteen hundred ninety-four through December\\nthirty-first, nineteen hundred ninety-five. Copies of management audit\\nreports of financially distressed hospitals shall be provided by the\\ncommissioner to the chairs of the senate and assembly health committees.\\n 14-d. Supplementary low income patient adjustment. * (a)\\nNotwithstanding any inconsistent provision of this section, payment for\\ninpatient hospital services for persons eligible for payments made by\\nstate governmental agencies for rate periods during the period January\\nfirst, nineteen hundred ninety-one through December thirty-first,\\nnineteen hundred ninety-six applicable to patients eligible for federal\\nfinancial participation under title XIX of the federal social security\\nact in medical assistance provided pursuant to title eleven of article\\nfive of the social services law determined in accordance with this\\nsection shall include for eligible general hospitals a supplementary low\\nincome patient adjustment determined in accordance with paragraph (b) of\\nthis subdivision, provided all federal approvals necessary by federal\\nlaw and regulation for federal financial participation in payments made\\nfor beneficiaries eligible for medical assistance under title XIX of the\\nfederal social security act based upon the adjustment provided herein as\\na component of such payments are granted. The adjustment may be made to\\nrates of payment or as aggregate payments to an eligible hospital.\\n * NB Effective until December 31, 2020\\n * (a) Notwithstanding any inconsistent provision of this section,\\npayment for inpatient hospital services for persons eligible for\\npayments made by state governmental agencies for rate periods during the\\nperiod January first, nineteen hundred ninety-one through June\\nthirtieth, nineteen hundred ninety-six applicable to patients eligible\\nfor federal financial participation under title XIX of the federal\\nsocial security act in medical assistance provided pursuant to title\\neleven of article five of the social services law determined in\\naccordance with this section shall include for eligible general\\nhospitals a supplementary low income patient adjustment determined in\\naccordance with paragraph (b) of this subdivision, provided all federal\\napprovals necessary by federal law and regulation for federal financial\\nparticipation in payments made for beneficiaries eligible for medical\\nassistance under title XIX of the federal social security act based upon\\nthe adjustment provided herein as a component of such payments are\\ngranted. The adjustment may be made to rates of payment or as aggregate\\npayments to an eligible hospital.\\n * NB Effective December 31, 2020\\n * (b) A supplementary low income patient adjustment for the period\\nJanuary first, nineteen hundred ninety-one through December\\nthirty-first, nineteen hundred ninety-three shall be determined, subject\\nto the provisions of subparagraph (iv) of this paragraph, and for the\\nperiod January first, nineteen hundred ninety-four through December\\nthirty-first, nineteen hundred ninety-six shall be determined for each\\neligible hospital according to the scale specified in subparagraph (iii)\\nof this paragraph based upon the amount calculated by multiplying the\\napplicable supplemental percentage coverage of need amount for the\\nhospital by the hospital's need as defined in paragraph (b) of\\nsubdivision fourteen of this section; provided, however, that for the\\nperiod January first, nineteen hundred ninety-four through December\\nthirty-first, nineteen hundred ninety-six if the sum of the adjustments\\npursuant to clause (C) of subparagraph (iii) of this paragraph would\\nexceed thirty-six million dollars for a rate year on an annualized basis\\nthe supplemental percentage coverage of need scale pursuant to clause\\n(C) of subparagraph (iii) of this paragraph shall be reduced on a pro\\nrata basis so that the sum of such adjustments provided for the rate\\nyear on an annualized basis shall not exceed thirty-six million dollars.\\n (i) The low income patient percentage of a general hospital shall be\\ndefined as the ratio of the sum of inpatient discharges of patients\\neligible for medical assistance pursuant to title eleven of article five\\nof the social services law plus inpatient discharges of self-pay\\npatients plus inpatient discharges of charity care patients divided by\\ntotal inpatient discharges expressed as a percentage. For the period\\nJanuary first, nineteen hundred ninety-one through December\\nthirty-first, nineteen hundred ninety-three, the percentages shall be\\ncalculated based on base year nineteen hundred eighty-nine, received by\\nthe department no later than November first, nineteen hundred ninety,\\ndata from the statewide planning and research cooperative system\\nconsistent with data submitted in accordance with section twenty-eight\\nhundred five-a of this article. For the period January first, nineteen\\nhundred ninety-four through December thirty-first, nineteen hundred\\nninety-six, the percentages shall be calculated based on base year\\nnineteen hundred ninety-one, received by the department no later than\\nNovember first, nineteen hundred ninety-three, data from the statewide\\nplanning and research cooperative system consistent with data submitted\\nin accordance with section twenty-eight hundred five-a of this article.\\nIn order to be eligible for an adjustment pursuant to this subdivision,\\na hospital must maintain its collection efforts to obtain payment in\\nfull from self-pay patients.\\n (ii) For the period January first, nineteen hundred ninety-one through\\nDecember thirty-first, nineteen hundred ninety-three, hospital need\\nshall be calculated based on base year nineteen hundred eighty-nine\\ndata. For the period January first, nineteen hundred ninety-four through\\nDecember thirty-first, nineteen hundred ninety-six, hospital need shall\\nbe calculated based on base year nineteen hundred ninety-one data.\\n (iii)(A) The scale utilized for development of a hospital's\\nsupplementary low income patient adjustment shall be as follows for the\\nperiod January first, nineteen hundred ninety-one through June\\nthirtieth, nineteen hundred ninety-one:\\n Low Income Supplemental Percentage\\n Patient Percentage Coverage of Need\\n 50+ 55% 5%\\n 55+ 60% 10%\\n 60+ 65% 15%\\n 65+ 70% 22.5%\\n 70+ 75% 30%\\n 75+ 80% 37.5%\\n 80+ 45%\\n (B) The scale utilized for development of a hospital's supplementary\\nlow income adjustment shall be as follows for the period July first,\\nnineteen hundred ninety-one for a public general hospital through\\nDecember thirty-first, nineteen hundred ninety-six and for a voluntary\\nnon-profit or a private proprietary general hospital through September\\nthirtieth, nineteen hundred ninety-two:\\n Low Income Supplemental Percentage\\n Patient Percentage Coverage of Need\\n 35+ 55% 20%\\n 55+ 60% 25%\\n 60+ 65% 30%\\n 65+ 70% 37.5%\\n 70+ 45%\\n (C) The scale utilized for development of a voluntary non-profit or\\nprivate proprietary general hospital's supplementary low income patient\\nadjustment shall be as follows for the period October first, nineteen\\nhundred ninety-two through March thirty-first, nineteen hundred\\nninety-three and for the period January first, nineteen hundred\\nninety-four through December thirty-first, nineteen hundred ninety-six:\\n Low Income Supplemental Percentage\\n Patient Percentage Coverage of Need\\n 35+ 50% 10%\\n 50+ 55% 20%\\n 55+ 60% 25%\\n 60+ 65% 30%\\n 65+ 70% 37.5%\\n 70+ 45%\\n (D) The scale utilized for development of a voluntary non-profit or\\nprivate proprietary general hospital's supplementary low income patient\\nadjustment for the period May fifteenth, nineteen hundred ninety-three\\nthrough December thirty-first, nineteen hundred ninety-three shall be at\\none hundred twenty percent of the supplemental percentage coverage of\\nneed scale specified in clause (C) of this subparagraph.\\n (iv) A supplementary low income patient adjustment determined\\naccording to the scale specified in subparagraph (iii) of this paragraph\\nshall be limited for rate periods during the period January first,\\nnineteen hundred ninety-one through December thirty-first, nineteen\\nhundred ninety-three such that the amount of such adjustment for an\\neligible hospital, plus the amount committed to the regional pools in\\naccordance with paragraph (c) of subdivision fourteen of this section\\nand paragraph (a) of subdivision nineteen of this section for the rate\\nperiod that would be allocated to such hospital, plus, if applicable,\\nany distribution for the rate period pursuant to paragraph (d) of\\nsubdivision nineteen of this section for such hospital, and plus for a\\nmajor public general hospital the amount of any supplementary bad debt\\nand charity care adjustment provided pursuant to subdivision fourteen-a\\nof this section for the rate period shall not exceed ninety percent of\\nneed.\\n (v) The provisions of this subdivision shall not apply to a general\\nhospital eligible for distributions made pursuant to paragraph (c) of\\nsubdivision nineteen of this section.\\n * NB Effective until December 31, 2020\\n * (b) A supplementary low income patient adjustment for the period\\nJanuary first, nineteen hundred ninety-one through December\\nthirty-first, nineteen hundred ninety-three shall be determined, subject\\nto the provisions of subparagraph (iv) of this paragraph, and for the\\nperiod January first, nineteen hundred ninety-four through June\\nthirtieth, nineteen hundred ninety-six shall be determined for each\\neligible hospital according to the scale specified in subparagraph (iii)\\nof this paragraph based upon the amount calculated by multiplying the\\napplicable supplemental percentage coverage of need amount for the\\nhospital by the hospital's need as defined in paragraph (b) of\\nsubdivision fourteen of this section; provided, however, that for the\\nperiod January first, nineteen hundred ninety-four through June\\nthirtieth, nineteen hundred ninety-six if the sum of the adjustments\\npursuant to clause (C) of subparagraph (iii) of this paragraph would\\nexceed thirty-six million dollars for a rate year on an annualized basis\\nthe supplemental percentage coverage of need scale pursuant to clause\\n(C) of subparagraph (iii) of this paragraph shall be reduced on a pro\\nrate basis so that the sum of such adjustments provided for the rate\\nyear on an annualized basis shall not exceed thirty-six million dollars.\\n (i) The low income patient percentage of a general hospital shall be\\ndefined as the ratio of the sum of inpatient discharges of patients\\neligible for medical assistance pursuant to title eleven of article five\\nof the social services law plus inpatient discharges of self-pay\\npatients plus inpatient discharges of charity care patients divided by\\ntotal inpatient discharges expressed as a percentage. For the period\\nJanuary first, nineteen hundred ninety-one through December\\nthirty-first, nineteen hundred ninety-three, the percentages shall be\\ncalculated based on base year nineteen hundred eighty-nine, received by\\nthe department no later than November first, nineteen hundred ninety,\\ndata from the statewide planning and research cooperative system\\nconsistent with data submitted in accordance with section twenty-eight\\nhundred five-a of this article. For the period January first, nineteen\\nhundred ninety-four through June thirtieth, nineteen hundred ninety-six,\\nthe percentages shall be calculated based on base year nineteen hundred\\nninety-one, received by the department no later than November first,\\nnineteen hundred ninety-three, data from the statewide planning and\\nresearch cooperative system consistent with data submitted in accordance\\nwith section twenty-eight hundred five-a of this article. In order to be\\neligible for an adjustment pursuant to this subdivision, a hospital must\\nmaintain its collection efforts to obtain payment in full from self-pay\\npatients.\\n (ii) For the period January first, nineteen hundred ninety-one through\\nDecember thirty-first, nineteen hundred ninety-three, hospital need\\nshall be calculated based on base year nineteen hundred eighty-nine\\ndata. For the period January first, nineteen hundred ninety-four through\\nJune thirtieth, nineteen hundred ninety-six, hospital need shall be\\ncalculated based on base year nineteen hundred ninety-one data.\\n (iii)(A) The scale utilized for development of a hospital's\\nsupplementary low income patient adjustment shall be as follows for the\\nperiod January first, nineteen hundred ninety-one through June\\nthirtieth, nineteen hundred ninety-one:\\n Low Income Supplemental Percentage\\n Patient Percentage Coverage of Need\\n 50+ 55% 5%\\n 55+ 60% 10%\\n 60+ 65% 15%\\n 65+ 70% 22.5%\\n 70+ 75% 30%\\n 75+ 80% 37.5%\\n 80+ 45%\\n (B) The scale utilized for development of a hospital's supplementary\\nlow income adjustment shall be as follows for the period July first,\\nnineteen hundred ninety-one for a public general hospital through June\\nthirtieth, nineteen hundred ninety-six and for a voluntary non-profit or\\na private proprietary general hospital through September thirtieth,\\nnineteen hundred ninety-two:\\n Low Income Supplemental Percentage\\n Patient Percentage Coverage of Need\\n 35+ 55% 20%\\n 55+ 60% 25%\\n 60+ 65% 30%\\n 65+ 70% 37.5%\\n 70+ 45%\\n (C) The scale utilized for development of a voluntary non-profit or\\nprivate proprietary general hospital's supplementary low income patient\\nadjustment shall be as follows for the period October first, nineteen\\nhundred ninety-two through March thirty-first, nineteen hundred\\nninety-three and for the period January first, nineteen hundred\\nninety-four through June thirtieth, nineteen hundred ninety-six:\\n Low Income Supplemental Percentage\\n Patient Percentage Coverage of Need\\n 35+ 50% 10%\\n 50+ 55% 20%\\n 55+ 60% 25%\\n 60+ 65% 30%\\n 65+ 70% 37.5%\\n 70+ 45%\\n (D) The scale utilized for development of a voluntary non-profit or\\nprivate proprietary general hospital's supplementary low income patient\\nadjustment for the period May fifteenth, nineteen hundred ninety-three\\nthrough December thirty-first, nineteen hundred ninety-three shall be at\\none hundred twenty percent of the supplemental percentage coverage of\\nneed scale specified in clause (C) of this subparagraph.\\n (iv) A supplementary low income patient adjustment determined\\naccording to the scale specified in subparagraph (iii) of this paragraph\\nshall be limited for rate periods during the period January first,\\nnineteen hundred ninety-one through December thirty-first, nineteen\\nhundred ninety-three such that the amount of such adjustment for an\\neligible hospital, plus the amount committed to the regional pools in\\naccordance with paragraph (c) of subdivision fourteen of this section\\nand paragraph (a) of subdivision nineteen of this section for the rate\\nperiod that would be allocated to such hospital, plus, if applicable,\\nany distribution for the rate period pursuant to paragraph (d) of\\nsubdivision nineteen of this section for such hospital, and plus for a\\nmajor public general hospital the amount of any supplementary bad debt\\nand charity care adjustment provided pursuant to subdivision fourteen-a\\nof this section for the rate period shall not exceed ninety percent of\\nneed.\\n (v) The provisions of this subdivision shall not apply to a general\\nhospital eligible for distributions made pursuant to paragraph (c) of\\nsubdivision nineteen of this section.\\n * NB Effective December 31, 2020\\n (c) A supplementary low income patient adjustment provided in\\naccordance with this subdivision for rate periods during the period\\nJanuary first, nineteen hundred ninety-one through December\\nthirty-first, nineteen hundred ninety-three shall be adjusted to reflect\\nactual distributions pursuant to paragraphs (a) and (b) of subdivision\\nseventeen of this section and paragraph (d) of subdivision nineteen of\\nthis section and adjustments provided pursuant to subdivision fourteen-a\\nof this section.\\n (d) Notwithstanding any inconsistent provision of law, a voluntary\\nnon-profit or proprietary general hospital where the low income patient\\npercentage, as determined in accordance with provisions of this\\nsubdivision, is between thirty-five and sixty-five percent shall be\\ncharged an assessment which for the period July first, nineteen hundred\\nninety-one through December thirty-first, nineteen hundred ninety-one\\nshall equal five percent of the general hospital's bad debt and charity\\ncare need as determined in accordance with paragraph (b) of subdivision\\nfourteen of this section and for the period January first, nineteen\\nhundred ninety-two through September thirtieth, nineteen hundred\\nninety-two shall equal seven and one-half percent of the general\\nhospital's bad debt and charity care need as determined in accordance\\nwith paragraph (b) of subdivision fourteen of this section. Such\\nassessment shall be paid to the commissioner or his designee prior to\\nOctober first, nineteen hundred ninety-two in accordance with a schedule\\nestablished by the commissioner. The assessments may be administered in\\naccordance with the provisions of paragraph (c) of subdivision sixteen\\nof this section applicable to bad debt and charity care regional pools.\\nPayments of the assessments shall be due and arrearages shall be treated\\nin accordance with the provisions of subdivision twenty of this section\\napplicable to bad debt and charity care regional pools. Funds\\naccumulated shall be deposited by the commissioner and credited to the\\ndepartment of social services medical assistance program general fund -\\nlocal assistance account appropriation.\\n * (e) Notwithstanding any inconsistent provision of law, the\\nprovisions of paragraphs (a) and (b) of this subdivision shall not apply\\nto payments for patients discharged on or after January first, nineteen\\nhundred ninety-seven.\\n * NB Expires December 31, 2020\\n * 14-f. Public general hospital indigent care adjustment.\\nNotwithstanding any inconsistent provision of this section and subject\\nto the availability of federal financial participation, payment for\\ninpatient hospital services for persons eligible for payments made by\\nstate governmental agencies for the period January first, nineteen\\nhundred ninety-seven through December thirty-first, nineteen hundred\\nninety-nine and periods on and after January first, two thousand\\napplicable to patients eligible for federal financial participation\\nunder title XIX of the federal social security act in medical assistance\\nprovided pursuant to title eleven of article five of the social services\\nlaw determined in accordance with this section shall include for\\neligible public general hospitals a public general hospital indigent\\ncare adjustment equal to the aggregate amount of the adjustments\\nprovided for such public general hospital for the period January first,\\nnineteen hundred ninety-six through December thirty-first, nineteen\\nhundred ninety-six pursuant to subdivisions fourteen-a and fourteen-d of\\nthis section on an annualized basis, provided, however, that for periods\\non and after January first, two thousand thirteen an annual amount of\\nfour hundred twelve million dollars shall be allocated to eligible major\\npublic hospitals based on each hospital's proportionate share of\\nmedicaid and uninsured losses to total medicaid and uninsured losses for\\nall eligible major public hospitals, net of any disproportionate share\\nhospital payments received pursuant to sections twenty-eight hundred\\nseven-k and twenty-eight hundred seven-w of this article. The adjustment\\nmay be made to rates of payment or as aggregate payments to an eligible\\nhospital.\\n * NB Effective until December 31, 2020\\n * 14-f. Public general hospital indigent care adjustment.\\nNotwithstanding any inconsistent provision of this section, payment for\\ninpatient hospital services for persons eligible for payments made by\\nstate governmental agencies for the period January first, nineteen\\nhundred ninety-seven through December thirty-first, nineteen hundred\\nninety-nine applicable to patients eligible for federal financial\\nparticipation under title XIX of the federal social security act in\\nmedical assistance provided pursuant to title eleven of article five of\\nthe social services law determined in accordance with this section shall\\ninclude for eligible public general hospitals a public general hospital\\nindigent care adjustment equal to the aggregate amount of the\\nadjustments provided for such public general hospital for the period\\nJanuary first, nineteen hundred ninety-six through December\\nthirty-first, nineteen hundred ninety-six pursuant to subdivisions\\nfourteen-a and fourteen-d of this section on an annualized basis,\\nprovided all federal approvals necessary by federal law and regulation\\nfor federal financial participation in payments made for beneficiaries\\neligible for medical assistance under title XIX of the federal social\\nsecurity act based upon the adjustment provided herein as a component of\\nsuch payments are granted. The adjustment may be made to rates of\\npayment or as aggregate payments to an eligible hospital.\\n * NB Effective and repealed December 31, 2020\\n 15. Special provisions for payments by governmental agencies. In the\\nevent that federal financial participation in payments made for\\nbeneficiaries eligible for medical assistance under title XIX of the\\nfederal social security act based upon the allowance specified in\\nparagraph (c) of subdivision fourteen of this section as a component of\\nsuch payments is not approved by the federal government, rates of\\npayment by governmental agencies for the operating cost component of\\ngeneral hospital inpatient services shall be increased for each hospital\\nby the same percentage allowance as each hospital's federal fiscal year\\nnineteen hundred eighty-seven disproportionate share payment adjustment\\nfactor for revenues received from services provided to beneficiaries of\\ntitle XVIII of the federal social security act (medicare) as determined\\nin accordance with the provisions of section eighteen hundred\\neighty-six-d of title XVIII of the federal social security act\\n(medicare). Increased amounts received by general hospitals in\\naccordance with the provision of this subdivision shall be offset\\nagainst distributions to such hospitals that were made or would be made\\npursuant to the provisions contained in subdivisions seventeen and\\nnineteen of this section. In the event that distributions had been made\\nto such hospitals pursuant to such subdivisions, the hospital shall, on\\na proportional basis, return to the pool from which the distributions\\nwere made an amount equal to the increased amounts received under this\\nsubdivision to the extent that such increased amounts do not exceed\\ndistributions made. Funds in the statewide pool created in accordance\\nwith subdivision sixteen of this section, which would have been\\ndistributed in accordance with paragraph (c) of subdivision nineteen of\\nthis section if the provisions of this subdivision were not in effect,\\nless any amounts not distributed as the result of the offset provisions\\nof this subdivision shall be distributed to regional pools to the extent\\nthat such funds are available and necessary to maintain regional pool\\ndistributions, with consideration of the offset provisions in this\\nsubdivision, at the levels that would be available pursuant to the\\nprovisions of subdivision fourteen of this section if the provisions of\\nthis subdivision did not apply.\\n 16. Bad debt and charity care regional pools and bad debt and charity\\ncare and capital statewide pool, general. (a) Funds will be made\\navailable in bad debt and charity care regional pools created by the\\ncommissioner for distributions in accordance with subdivision seventeen\\nof this section through the submissions by or on behalf of general\\nhospitals of the allowance included in rates and charges in accordance\\nwith paragraph (c) of subdivision fourteen of this section and through\\nthe transfer of funds available from the bad debt and charity care and\\ncapital statewide pool in accordance with paragraph (a) of subdivision\\nnineteen of this section. Funds will be made available for distributions\\nin accordance with subdivision nineteen of this section from a bad debt\\nand charity care and capital statewide pool created by the commissioner\\nthrough the submissions by general hospitals of the amount of the\\nassessments authorized in accordance with subdivision eighteen of this\\nsection.\\n (b) The regions are established as the article forty-three insurance\\nplan regions, with the exception that the southern sixteen counties\\nshall be divided into three regions for the purposes of subdivisions\\nfourteen and seventeen of this section with separate regions consisting\\nof Richmond, Manhattan, Bronx, Queens and Kings counties; Nassau and\\nSuffolk counties; and Delaware, Columbia, Ulster, Sullivan, Orange,\\nDutchess, Putnam, Rockland and Westchester counties. Such regions shall\\nbe the same regions established and in effect January first, nineteen\\nhundred eighty-five. The council with the approval of the commissioner\\nmay combine regions, with the exception of the above specified regions\\nfor the southern sixteen counties, upon application of the article\\nforty-three insurance law plans involved and a demonstration that\\nsignificant inequities would not occur.\\n (c) For periods prior to January first, two thousand five, the\\ncommissioner and the commissioner of social services are authorized to\\ncontract with the article forty-three insurance law plans, or if not\\navailable such other administrators as the commissioner and the\\ncommissioner of social services shall designate, to receive funds for\\nthe bad debt and charity care regional pools and/or the bad debt and\\ncharity care and capital statewide pool and distribute funds from such\\npools. In the event contracts with the article forty-three insurance law\\nplans or other commissioners' designees are effectuated, the\\ncommissioner and the commissioner of social services shall jointly\\nconduct or cause to be conducted annual audits of the receipt and\\ndistribution of the pooled funds. The reasonable costs and expenses of a\\npool administrator as approved by the commissioner and the commissioner\\nof social services, not to exceed for personnel services on an annual\\nbasis four hundred thousand dollars for all pools, shall be paid from\\nthe pooled funds. Such pool administrator or pool administrators shall\\nbe acting on behalf of the state medical assistance program provided\\npursuant to title eleven of article five of the social services law in\\nthe distribution to hospitals pursuant to subdivisions fourteen-c,\\nseventeen and paragraphs (c) and (d) of subdivision nineteen of this\\nsection of pooled funds.\\n (d) In order for a general hospital to participate in the distribution\\nof funds from the pools, the general hospital must implement collection\\npolicies and procedures approved by the commissioner.\\n (e) In order for a general hospital to be eligible for distribution of\\nfunds from the pools, such general hospital if it provides obstetrical\\ncare and services must agree to participate in a program approved by the\\ndepartment for the provision of prenatal care to persons eligible for\\nmedical assistance or medically indigent persons if requested by such a\\nprogram. Nothing stated herein shall require a hospital to grant\\nadmitting privileges to a physician solely because such person is part\\nof an approved program. The participation of hospitals in an approved\\nprogram shall include, but not be limited to:\\n (i) arrangements with designated prenatal care providers for\\nprebooking pregnant women for approximate delivery time, and provision\\nof staff and facilities for the delivery and necessary postpartum care\\nfor women and infants involved in such programs;\\n (ii) a system for medical record transfer from a prenatal care\\nprovider to hospital staff participating in delivery and for the\\ntransfer of information regarding hospital delivery and care back to the\\nprenatal care provider for postpartum follow-up; and\\n (iii) an agreement with designated prenatal care providers to accept\\nthe care of high risk patients on a referral basis and/or to provide\\nspecial tests and procedures which are not ordinarily available to\\nprenatal care clinics if such hospital is capable of caring for high\\nrisk patients and/or providing special tests and procedures.\\n (f) The council may adopt regulations subject to the approval of the\\ncommissioner to allow advanced distributions from these pools to a\\ngeneral hospital qualifying for distributions in accordance with\\nparagraph (c) of subdivision nineteen of this section, based on a\\ndemonstration by the hospital that there is an inability to finance\\ncurrent obligations and obtain needed working capital.\\n * (g) Notwithstanding any inconsistent provision of law to the\\ncontrary, from interest heretofore earned or hereinafter earned on funds\\nin bad debt and charity care regional pools and the bad debt and charity\\ncare and capital statewide pool established pursuant to this section,\\nsuch amounts as shall be necessary, within amounts appropriated, shall\\nbe reallocated to, and the state comptroller is hereby authorized and\\ndirected to receive for deposit to, the credit of the department of\\nhealth's special revenue fund - other, hospital based grants program\\naccount, for purposes of services and expenses related to general\\nhospital based grant programs for the period April first, nineteen\\nhundred ninety-four through June thirtieth, nineteen hundred ninety-six\\nand for the period July first, nineteen hundred ninety-six through March\\nthirty-first, nineteen hundred ninety-seven.\\n * NB Effective until December 31, 2020\\n * (g) Notwithstanding any inconsistent provision of law to the\\ncontrary, from interest heretofore earned or hereinafter earned on funds\\nin bad debt and charity care regional pools and the bad debt and charity\\ncare and capital statewide pool established pursuant to this section,\\nsuch amounts as shall be necessary, within amounts appropriated, shall\\nbe reallocated to, and the state comptroller is hereby authorized and\\ndirected to receive for deposit to, the credit of the department of\\nhealth's special revenue fund - other, hospital based grants program\\naccount, for purposes of services and expenses related to general\\nhospital based grant programs for the period April first, nineteen\\nhundred ninety-four through June thirtieth, nineteen hundred ninety-six.\\n * NB Effective December 31, 2020\\n 16-a. Pool administration, general. (a) If a general hospital fails to\\ntimely file a report with the department of funds due to a regional pool\\nor a statewide pool established pursuant to this section, the\\ncommissioner may estimate the amount due from such hospital based on\\navailable financial and statistical data and may collect in accordance\\nwith subdivision twenty of this section any amount due based on such\\nestimate as a deficiency in payments to such regional pool or statewide\\npool with interest and penalties. The commissioner shall provide a\\ngeneral hospital with notice of any estimate of the amount due pursuant\\nto this paragraph at least three days prior to collection of a\\ndeficiency by the commissioner. Such notice shall contain the financial\\nbasis for the commissioner's estimate.\\n * (b) Notwithstanding any inconsistent provision of section one\\nhundred twelve or one hundred seventy-four of the state finance law or\\nany other law, at the discretion of the commissioner and the\\ncommissioner of social services without a competitive bid or request for\\nproposal process, regional pool and statewide pool administration\\ncontracts in effect for rate year nineteen hundred ninety-three may be\\nextended for administration of regional pools and statewide pools\\nestablished for rate years nineteen hundred ninety-four and nineteen\\nhundred ninety-five and nineteen hundred ninety-six to provide an\\nuninterrupted continuation of services and may be amended as may be\\nnecessary.\\n * NB Effective until December 31, 2020\\n * (b) Notwithstanding any inconsistent provision of section one\\nhundred twelve or one hundred seventy-four of the state finance law or\\nany other law, at the discretion of the commissioner and the\\ncommissioner of social services without a competitive bid or request for\\nproposal process, regional pool and statewide pool administration\\ncontracts in effect for rate year nineteen hundred ninety-three may be\\nextended for administration of regional pools and statewide pools\\nestablished for rate years nineteen hundred ninety-four and nineteen\\nhundred ninety-five and for the rate period January first, nineteen\\nhundred ninety six through June thirtieth, nineteen hundred ninety-six\\nto provide an uninterrupted continuation of services and may be amended\\nas may be necessary.\\n * NB Effective December 31, 2020\\n 17. Bad debt and charity care regional pool distributions. Funds\\naccumulated in bad debt and charity care regional pools, including\\nincome from invested funds, from the allowance specified in paragraph\\n(c) of subdivision fourteen of this section and funds accumulated in bad\\ndebt and charity care regional pools, including income from invested\\nfunds, from the transfer of funds available from the bad debt and\\ncharity care and capital statewide pool in accordance with paragraph (a)\\nof subdivision nineteen of this section shall be deposited by the\\ncommissioner and credited to a special revenue-other fund to be\\nestablished by the comptroller. To the extent of funds appropriated\\ntherefor, funds shall be made available for distribution by or on behalf\\nof the state, as payments under the state medical assistance program\\nprovided pursuant to title eleven of article five of the social services\\nlaw, from bad debt and charity care regional pools in accordance with\\nthe following methodology and sequence:\\n (a) For the nineteen hundred eighty-eight, nineteen hundred\\neighty-nine and for that portion of the nineteen hundred ninety rate\\nyear beginning on January first and ending on June thirtieth, each\\neligible major public general hospital shall receive a portion of its\\nbad debt and charity care need equal to one hundred two percent of the\\nresult of the application of its percentage of statewide inpatient\\nreimbursable costs excluding costs related to services provided to\\nbeneficiaries of title XVIII of the federal social security act\\n(medicare), developed on the basis of nineteen hundred eighty-five\\nfinancial and statistical reports, to the total of all regional pools.\\nFor that portion of the nineteen hundred ninety rate year beginning on\\nJuly first and ending on December thirty-first and in the annual rate\\nyears beginning on or after January first, nineteen hundred ninety-one,\\neach eligible major public general hospital shall receive a portion of\\nits bad debt and charity care need equal to one hundred ten percent of\\nthe result of the application of its percentage of statewide inpatient\\nreimbursable costs excluding costs related to services provided to\\nbeneficiaries of title XVIII of the federal social security act\\n(medicare), developed on the basis of nineteen hundred eighty-five\\nfinancial and statistical reports, to the total of all regional pools.\\n (b) (i) Funds remaining in the regional pools after distribution in\\naccordance with paragraph (a) of this subdivision shall be distributed\\nto voluntary non-profit, private proprietary and public general\\nhospitals, other than major public general hospitals, on the basis of\\neach hospital's targeted need share. For the rate year beginning January\\nfirst, nineteen hundred eighty-eight, an individual hospital's targeted\\nneed share shall be defined as the relationship between each hospital's\\nnineteen hundred eighty-six nominal payment amount as defined in\\nsubparagraph (i) of paragraph (c) of subdivision fourteen of this\\nsection to the nineteen hundred eighty-six nominal payment amounts for\\nall hospitals in the region other than major public general hospitals.\\nFor annual rate years beginning on or after January first, nineteen\\nhundred eighty-nine, the base need shall be the calendar year which is\\ntwo years prior to the rate year. The amount of funds to be distributed\\nin accordance with this paragraph and paragraph (a) of this subdivision\\nshall be limited to the amount of funds accumulated in the pools.\\n (ii) Notwithstanding any inconsistent provision of this section,\\ncommencing April first, nineteen hundred ninety-five funds remaining in\\nthe regional pools after distribution in accordance with paragraph (a)\\nof this subdivision shall be aggregated on a statewide basis and treated\\nas a common pool for statewide distributions and distributed to\\nvoluntary non-profit, private proprietary and public general hospitals,\\nother than major public general hospitals, on the basis of each\\nhospital's targeted need share defined as the relationship between each\\nhospital's base year nominal payment amount as defined in subparagraph\\n(i) of paragraph (c) of subdivision fourteen of this section to the base\\nyear nominal payment amounts for all hospitals statewide other than\\nmajor public general hospitals.\\n (d) The department may provide for interim payments to general\\nhospitals of funds available for distribution from regional pools\\npursuant to this subdivision, subject to reasonable retainage for\\nadjustments, subsequently reconciled to amounts due determined in\\naccordance with this subdivision.\\n (e) Notwithstanding any inconsistent provision of this section, in the\\nevent funds available pursuant to paragraph (b-1) of subdivision\\nnineteen of this section for programs to provide health care coverage\\nfor uninsured or underinsured children are inadequate to provide\\ncoverage to all eligible children for whom application for coverage is\\nmade in a rate period, such additional amounts not to exceed twenty-five\\nmillion dollars for nineteen hundred ninety-four as shall be necessary\\nto provide such coverage shall be reserved by the commissioner from the\\namount to be available in bad debt and charity care regional pools for\\nsuch rate period for additional distributions to such programs. Ten\\nmillion dollars of the amount reserved for nineteen hundred ninety-four\\nshall not result in a decrease to disproportionate share payments to\\nhospitals.\\n 18. Bad debt and charity care and capital statewide pool funding.\\n* The commissioner shall create a bad debt and charity care and capital\\nstatewide pool which shall be funded by a transfer of funds, which is\\nhereby authorized, for the period January first, nineteen hundred\\nninety-five through December thirty-first, nineteen hundred ninety-five,\\nthe period January first, nineteen hundred ninety-six through June\\nthirtieth, nineteen hundred ninety-six and the period July first,\\nnineteen hundred ninety-six through December thirty-first, nineteen\\nhundred ninety-six equal to seven million five hundred thousand dollars\\nfor the nineteen hundred ninety-five period, three million seven hundred\\nfifty thousand dollars for the January first, nineteen hundred\\nninety-six through June thirtieth, nineteen hundred ninety-six period\\nand three million seven hundred fifty thousand dollars for the July\\nfirst, nineteen hundred ninety-six through December thirty-first,\\nnineteen hundred ninety-six period to be submitted to a statewide pool,\\nas designated by the commissioner, from the medical malpractice\\ninsurance association pursuant to section five thousand five hundred\\nsixteen-c of the insurance law and through an assessment which shall be\\ncharged to general hospitals. In the event that the transfers of funds\\nauthorized by section five thousand five hundred sixteen-c of the\\ninsurance law do not occur by January first, nineteen hundred\\nninety-five, January first, nineteen hundred ninety-six and August\\nfirst, nineteen hundred ninety-six respectively, the commissioner for\\neach period for which such transfer from the medical malpractice\\ninsurance association has not occurred shall transfer seven million five\\nhundred thousand dollars for the nineteen hundred ninety-five period,\\nthree million seven hundred fifty thousand dollars for the January\\nfirst, nineteen hundred ninety-six through June thirtieth, nineteen\\nhundred ninety-six period and three million seven hundred fifty thousand\\ndollars for the July first, nineteen hundred ninety-six through December\\nthirty-first, nineteen hundred ninety-six period from regional or\\nstatewide pool reserves for pools established pursuant to this section\\nand section twenty-eight hundred eight-c or twenty-eight hundred seven-a\\nof this article to the bad debt and charity care and capitol statewide\\npool established pursuant to this subdivision. Such assessment shall be\\nsubmitted to a statewide pool as designated by the commissioner and\\ndistributed on a monthly basis in accordance with subdivision twenty of\\nthis section. The assessment shall be:\\n * NB Effective until December 31, 2020\\n * The commissioner shall create a bad debt and charity care and\\ncapital statewide pool which shall be funded by a transfer of funds,\\nwhich is hereby authorized, for the period January first, nineteen\\nhundred ninety-five through December thirty-first, nineteen hundred\\nninety-five and the period January first, nineteen hundred ninety-six\\nthrough June thirtieth, nineteen hundred ninety-six equal to seven\\nmillion five hundred thousand dollars for the nineteen hundred\\nninety-five period and three million seven hundred fifty thousand\\ndollars for the January first, nineteen hundred ninety-six through June\\nthirtieth, nineteen hundred ninety-six period to be submitted to a\\nstatewide pool, as designated by the commissioner, from the medical\\nmalpractice insurance association pursuant to section five thousand five\\nhundred sixteen-c of the insurance law and through an assessment which\\nshall be charged to general hospitals. In the event that the transfers\\nof funds authorized by section five thousand five hundred sixteen-c of\\nthe insurance law do not occur by January first, nineteen hundred\\nninety-five and January first nineteen hundred ninety-six respectively,\\nthe commissioner for each period for which such transfer from the\\nmedical malpractice insurance association has not occurred shall\\ntransfer seven million five hundred thousand dollars for the nineteen\\nhundred ninety-five period and three million seven hundred fifty\\nthousand dollars for the January first, nineteen hundred ninety-six\\nthrough June thirtieth, nineteen hundred ninety-six period from regional\\nor statewide pool reserves for pools established pursuant to this\\nsection and section twenty-eight hundred eight-c or twenty-eight hundred\\nseven-a of this article to the bad debt and charity care and capital\\nstatewide pool established pursuant to this subdivision. Such assessment\\nshall be submitted to a statewide pool as designated by the commissioner\\nand distributed on a monthly basis in accordance with subdivision twenty\\nof this section. The assessment shall be:\\n * NB Effective December 31, 2020\\n * (a) one and seventy-five thousandths percent of each general\\nhospital's gross revenue received for inpatient hospital services\\nprovided during the period January first, nineteen hundred eighty-eight\\nthrough December thirty-first, nineteen hundred eighty-eight; one and\\nfive hundredths percent of each general hospital's gross revenue\\nreceived for inpatient hospital services provided during the period\\nJanuary first, nineteen hundred eighty-nine through December\\nthirty-first, nineteen hundred eighty-nine; and one percent of each\\ngeneral hospital's gross revenue received for inpatient hospital\\nservices provided during annual periods beginning on or after January\\nfirst, nineteen hundred ninety through December thirty-first, nineteen\\nhundred ninety-nine and on or after January first, two thousand,\\n * NB Effective until December 31, 2020\\n * (a) one and seventy-five thousandths percent of each general\\nhospital's gross revenue received for inpatient hospital services\\nprovided during the period January first, nineteen hundred eighty-eight\\nthrough December thirty-first, nineteen hundred eighty-eight; one and\\nfive hundredths percent of each general hospital's gross revenue\\nreceived for inpatient hospital services provided during the period\\nJanuary first, nineteen hundred eighty-nine through December\\nthirty-first, nineteen hundred eighty-nine; and one percent of each\\ngeneral hospital's gross revenue received for inpatient hospital\\nservices provided during annual periods beginning on or after January\\nfirst, nineteen hundred ninety through December thirty-first, nineteen\\nhundred ninety-nine,\\n * NB Effective and expires December 31, 2020\\n * (a) one and seventy-five thousandths percent of each general\\nhospital's gross revenue received for inpatient hospital services\\nprovided during the period January first, nineteen hundred eighty-eight\\nthrough December thirty-first, nineteen hundred eighty-eight; one and\\nfive hundredths percent of each general hospital's gross revenue\\nreceived for inpatient hospital services provided during the period\\nJanuary first, nineteen hundred eighty-nine through December\\nthirty-first, nineteen hundred eighty-nine; and one percent of each\\ngeneral hospital's gross revenue received for inpatient hospital\\nservices provided during annual rate periods beginning on or after\\nJanuary first, nineteen hundred ninety,\\n * NB Effective December 31, 2020\\n * (b) provided, however, subject to the provisions of paragraph (e) of\\nthis subdivision there shall be no assessment against those voluntary\\nnon-profit and private proprietary general hospitals which qualify for\\ndistributions made in accordance with paragraph (c) of subdivision\\nnineteen of this section, or for the annual assessment period January\\nfirst, nineteen hundred ninety-seven through December thirty-first,\\nnineteen hundred ninety-seven which qualified for distributions made in\\naccordance with paragraph (c) of subdivision nineteen of this section as\\nof December thirty-first, nineteen hundred ninety-five, and\\n * NB Effective until December 31, 2020\\n * (b) provided, however, subject to the provisions of paragraph (e) of\\nthis subdivision there shall be no assessment against those voluntary\\nnon-profit and private proprietary general hospitals which qualify for\\ndistributions made in accordance with paragraph (c) of subdivision\\nnineteen of this section, and\\n * NB Effective December 31, 2020\\n * (c) provided further, however, subject to the provisions of\\nparagraph (e) of this subdivision the assessment against those voluntary\\nnon-profit and private proprietary general hospitals which qualified for\\ndistributions made in accordance with paragraph (c) of subdivision\\nnineteen of this section as of December thirty-first, nineteen hundred\\nninety-five shall for the annual assessment period January first,\\nnineteen hundred ninety-eight through December thirty-first, nineteen\\nhundred ninety-eight be abated in the amount of three-quarters of one\\npercent of gross revenue received and for the annual assessment period\\nJanuary first, nineteen hundred ninety-nine through December\\nthirty-first, nineteen hundred ninety-nine be abated in the amount of\\none-quarter of one percent of gross revenue received.\\n * NB Effective until December 31, 2020\\n * (c) provided further, however, subject to the provisions of\\nparagraph (e) of this subdivision the assessment against those voluntary\\nnon-profit and private proprietary general hospitals which qualified for\\ndistributions made in accordance with paragraph (b) of subdivision\\nsixteen of section twenty-eight hundred seven-a of this article during\\nthe nineteen hundred eighty-seven rate period or qualified for\\ndistributions made in accordance with paragraph (c) of subdivision\\nnineteen of this section during a rate period or rate periods but which\\ndo not continue to qualify for distributions made in accordance with\\nparagraph (c) of subdivision nineteen of this section during a rate\\nperiod or rate periods shall for the initial rate period in which such\\ngeneral hospital does not continue to qualify for distributions made in\\naccordance with paragraph (c) of subdivision nineteen of this section be\\nabated in the amount of two-thirds of one percent of gross revenue\\nreceived and for the next succeeding annual rate period be abated in the\\namount of one-third of one percent of gross revenue received.\\n * NB Effective December 31, 2020\\n * (d) Gross revenue received shall mean all moneys received for or on\\naccount of inpatient hospital service, provided, however, that subject\\nto the provisions of paragraph (e) of this subdivision gross revenue\\nreceived shall not include distributions from bad debt and charity care\\nregional pools, health care services pools, bad debt and charity care\\nfor financially distressed hospitals statewide pools and bad debt and\\ncharity care and capital statewide pools created in accordance with this\\nsection or distributions from funds allocated in accordance with section\\ntwenty-eight hundred seven-l, twenty-eight hundred seven-k, twenty-eight\\nhundred seven-v or twenty-eight hundred seven-w of this article and\\nshall not include the components of rates of payment or charges related\\nto the allowances provided in accordance with subdivisions fourteen,\\nfourteen-b and fourteen-c of this section, the adjustment provided in\\naccordance with subdivision fourteen-a of this section, the adjustment\\nprovided in accordance with subdivision fourteen-d of this section, the\\nadjustment for health maintenance organization reimbursement rates\\nprovided in accordance with former subdivision two-a of this section,\\npayments made pursuant to paragraph (i) of subdivision thirty-five of\\nthis section or, if effective, the adjustment provided in accordance\\nwith subdivision fifteen of this section, the adjustment provided in\\naccordance with section eighteen of chapter two hundred sixty-six of the\\nlaws of nineteen hundred eighty-six as amended, revenue received from\\nphysician practice or faculty practice plan discrete billings for\\nprivate practicing physician services, revenue from affiliation\\nagreements or contracts with public hospitals for the delivery of health\\ncare services at such public hospitals, revenue received as\\ndisproportionate share hospital payments in accordance with title\\nnineteen of the federal social security act, or revenue from government\\ndeficit financing, provided, however, that funds received as medical\\nassistance payments which include state share amounts authorized\\npursuant to section twenty-eight hundred seven-v of this article that\\nare not disproportionate share hospital payments shall be included\\nwithin the meaning of gross revenue for purposes of this subdivision.\\n * NB Effective until December 31, 2020\\n * (d) Gross revenue received shall mean all moneys received for or on\\naccount of inpatient hospital service, provided, however, that subject\\nto the provisions of paragraph (e) of this subdivision gross revenue\\nreceived shall not include distributions from bad debt and charity care\\nregional pools, health care services pools, bad debt and charity care\\nfor financially distressed hospitals statewide pools and bad debt and\\ncharity care and capital statewide pools created in accordance with this\\nsection and shall not include the components of rates of payment or\\ncharges related to the allowances provided in accordance with\\nsubdivisions fourteen, fourteen-b and fourteen-c of this section, the\\nadjustment provided in accordance with subdivision fourteen-a of this\\nsection, the adjustment provided in accordance with subdivision\\nfourteen-d of this section, the adjustment for health maintenance\\norganization reimbursement rates provided in accordance with subdivision\\ntwo-a of this section, or, if effective, the adjustment provided in\\naccordance with subdivision fifteen of this section or the adjustment\\nprovided in accordance with section eighteen of chapter two hundred\\nsixty-six of the laws of nineteen hundred eighty-six as amended.\\n * NB Effective December 31, 2020\\n (e) Each exclusion of hospitals or sources of gross revenue received\\nfrom the assessments effective on or after October first, nineteen\\nhundred ninety-two established pursuant to this subdivision shall be\\ncontingent upon either: (i) qualification of the assessments for waiver\\npursuant to federal law and regulation; or, (ii) consistent with federal\\nlaw and regulation, not requiring a waiver by the secretary of the\\ndepartment of health and human services related to such exclusion; in\\norder for the assessments under this section to be qualified as a\\nbroad-based health care related tax for purposes of the revenues\\nreceived by the state pursuant to the assessments not reducing the\\namount expended by the state as medical assistance for purposes of\\nfederal financial participation. The commissioner shall collect the\\nassessments relying on such exclusions, pending any contrary action by\\nthe secretary of the department of health and human services. In the\\nevent the secretary of the department of health and human services\\ndetermines that the assessments do not so qualify based on any such\\nexclusion, then the exclusion shall be deemed to have been null and void\\nas of October first, nineteen hundred ninety-two and the commissioner\\nshall collect any retroactive amount due as a result, without interest\\nor penalty provided the hospital pays the retroactive amount due within\\nninety days of notice from the commissioner to the hospital that the\\nexclusion is null and void. Interest and penalties shall be measured\\nfrom the due date of ninety days following notice from the commissioner\\nto the hospital.\\n (f) Payments of assessments and allowances required to be submitted by\\ngeneral hospitals pursuant to this subdivision and subdivisions fourteen\\nand fourteen-b of this section and paragraph (a) of subdivision two of\\nsection twenty-eight hundred seven-d of this article shall be subject to\\naudit by the commissioner for a period of six years following the close\\nof the calendar year in which such payments are due, after which such\\npayments shall be deemed final and not subject to further adjustment or\\nreconciliation, including through offset adjustments or reconciliations\\nmade by general hospitals with regard to subsequent payments, provided,\\nhowever, that nothing herein shall be construed as precluding the\\ncommissioner from pursuing collection of any such assessments and\\nallowances which are identified as delinquent within such six year\\nperiod, or which are identified as delinquent as a result of an audit\\ncommenced within such six year audit period, or from conducting an audit\\nof any adjustment or reconciliation made by a general hospital within\\nsuch six year period, or from conducting an audit of payments made prior\\nto such six year period which are found to be commingled with payments\\nwhich are otherwise subject to timely audit pursuant to this section.\\nGeneral hospitals which, in the course of such an audit, fail to produce\\ndata or documentation requested in furtherance of such an audit, within\\nthirty days of such request may be assessed a civil penalty of up to ten\\nthousand dollars for each such failure, provided, however, that such\\ncivil penalty shall not be imposed if the hospital demonstrates good\\ncause for such failure. The imposition of such civil penalties shall be\\nsubject to the provisions of section twelve-a of this chapter.\\n (g) If a general hospital fails to produce data or documentation\\nrequested in furtherance of an audit for a month to which an assessment\\napplies, the commissioner may estimate, based on available financial and\\nstatistical data as determined by the commissioner, the amount due for\\nsuch month. If the impact of exemptions permitted pursuant to paragraph\\n(d) of this subdivision cannot be determined from such available\\nfinancial and statistical data the estimated amount due may be\\ncalculated on the basis of the general hospital's aggregate gross\\ninpatient revenue amount, as determined from such available financial\\nand statistical data for the year subject to audit. Estimated amounts\\ndue pursuant to this paragraph shall be paid by a general hospital\\nwithin sixty days or within such other time period as agreed to by the\\ncommissioner and the facility. Thereafter the commissioner shall take\\nall necessary steps to collect amounts owed pursuant to this paragraph,\\nincluding by offsetting, or by directing the state comptroller to\\noffset, such amounts due from any other payments made by state\\ngovernmental agencies to the general hospital pursuant to this article.\\nInterest and penalties shall be applied to such amounts due in\\naccordance with the provisions of paragraph (c) of subdivision twenty of\\nthis section.\\n (h) The commissioner shall take all necessary steps to collect\\ndelinquent amounts owed pursuant to this subdivision, including by\\nrecoupment or offsetting, or by directing the state comptroller to\\noffset, such amounts due from any other payments made by state\\ngovernmental agencies to the general hospital pursuant to this article.\\nInterest and penalties shall be applied to such amounts due in\\naccordance with the provisions of paragraph (c) of subdivision twenty of\\nthis section. Delinquent amounts which have been referred for recoupment\\nor offset pursuant to this paragraph, or which have been referred to the\\noffice of the attorney general for collection, shall be deemed final and\\nnot subject to further revision or reconciliation by the commissioner\\nbased on any additional reports or other information submitted by the\\nhospital, provided, however, that such delinquencies shall not be\\nreferred for such recoupment or for such collection based on estimated\\namounts unless the hospital has received written notification of such\\ndelinquencies and has been given no less than thirty days in which to\\nsubmit delinquent reports.\\n (i) The commissioner may enter into agreements with general hospitals\\nsubject to this subdivision, in regard to which audit findings or prior\\nsettlements have been made pursuant to this subdivision, extending and\\napplying such audit findings or prior settlements or a portion thereof,\\nin settlement and satisfaction of potential audit liabilities for\\nsubsequent un-audited periods. The commissioner may reduce or waive\\npayment of interest and penalties otherwise applicable to such\\nsubsequent un-audited periods when such amounts due as a result of such\\nagreement, other than reduced or waived penalties and interest, are paid\\nin full to the commissioner or the commissioner's designee within sixty\\ndays of execution of such agreement by all parties to the agreement. Any\\npayments made pursuant to agreements entered into in accordance with\\nthis paragraph shall be deemed to be in full satisfaction of any\\nliability arising under this subdivision, as referenced in such\\nagreements and for the time periods covered by such agreements,\\nprovided, however, that the commissioner may audit future retroactive\\nadjustments to payments made for such periods based on reports filed by\\nhospitals subsequent to such agreements.\\n 19. Bad debt and charity care and capital statewide pool distribution.\\n* Funds accumulated in the statewide pool created by the assessment\\nauthorized in accordance with subdivision eighteen of this section for\\nperiods through December thirty-first, nineteen hundred ninety-six,\\nincluding income from invested funds, shall be distributed or retained\\nin accordance with the following sequence:\\n * NB Effective until December 31, 2020\\n * Funds accumulated in the statewide pool created by the assessment\\nauthorized in accordance with subdivision eighteen of this section,\\nincluding income from invested funds, shall be distributed or retained\\nin accordance with the following sequence:\\n * NB Effective December 31, 2020\\n (a) Funds shall be distributed by the commissioner to bad debt and\\ncharity care regional pools established pursuant to subdivision sixteen\\nof this section to provide additional funds for distribution from such\\nbad debt and charity care regional pools in accordance with subdivision\\nseventeen of this section equal to the amount computed as the difference\\nbetween the amount that would be available in such regional pools based\\non a statewide determination of financial resources to be committed to\\nregional pools in each year in accordance with paragraph (c) of\\nsubdivision fourteen of this section based upon a percentage factor\\nequal to five and ninety-three hundredths percent and the amount to be\\navailable in such regional pools based on a statewide determination of\\nfinancial resources to be committed to regional pools in each year in\\naccordance with paragraph (c) of subdivision fourteen of this section\\nbased upon a percentage factor equal to five and forty-eight hundredths\\npercent.\\n * (b) An amount not to exceed seventeen million dollars on an\\nannualized basis from the assessment through December thirty-first,\\nnineteen hundred ninety-six may annually be placed in a statewide\\naccount in accordance with rules and regulations adopted by the council\\nand approved by the commissioner for the purpose of securing financing\\nof capital improvement projects for general hospitals qualifying for\\ndistributions made in accordance with paragraph (c) of this subdivision.\\nAny reserved funds available on September first, nineteen hundred\\nninety-seven and not obligated, in accordance with section twelve of\\nchapter nine hundred thirty-four of the laws of nineteen hundred\\neighty-five as amended, for the purpose of securing financing of capital\\nimprovement projects for general hospitals and any reserved funds that\\nthereafter become available may be transferred by the commissioner, in\\nconsultation with the director of the budget and the dormitory\\nauthority, to the health facility restructuring pool established\\npursuant to section twenty-eight hundred fifteen of this article or to\\nthe general hospital indigent care pool established pursuant to section\\ntwenty-eight hundred seven-k of this article.\\n * NB Effective until December 31, 2020\\n * (b) An amount not to exceed seventeen million dollars may annually\\nbe placed in a statewide account in accordance with rules and\\nregulations adopted by the council and approved by the commissioner for\\nthe purpose of securing financing of capital improvement projects for\\ngeneral hospitals qualifying for distributions made in accordance with\\nparagraph (c) of this subdivision.\\n * NB Effective December 31, 2020\\n * (b-1) An amount equal to: twenty million dollars annually for the\\nperiod January first, nineteen hundred ninety-one through December\\nthirty-first, nineteen hundred ninety-three; thirty million dollars for\\nthe period January first, nineteen hundred ninety-four through December\\nthirty-first, nineteen hundred ninety-four; thirty-seven million five\\nhundred thousand dollars for the period January first, nineteen hundred\\nninety-five through December thirty-first, nineteen hundred ninety-five;\\neighteen million seven hundred fifty thousand dollars for the period\\nJanuary first, nineteen hundred ninety-six through June thirtieth,\\nnineteen hundred ninety-six; and eighteen million seven hundred fifty\\nthousand dollars for the period July first, nineteen hundred ninety-six\\nthrough December thirty-first, nineteen hundred ninety-six shall\\nannually be reserved and accumulated from year to year by the\\ncommissioner for distributions to programs to provide health care\\ncoverage for uninsured or underinsured children. Such accumulated funds\\nshall not be used for any other purpose other than those authorized in\\nsection twenty-five hundred ten and twenty-five hundred eleven of this\\nchapter. If on March thirty-first, nineteen hundred ninety-eight, any\\nfunds accumulated during the period January first, nineteen hundred\\nninety-one through December thirty-first, nineteen hundred ninety-seven\\nare unused or uncommitted for such distributions, such unused or\\nuncommitted funds shall be immediately transferred by the commissioner\\nto the health care initiatives pool established by the commissioner to\\nprovide additional funds for distribution to programs to provide health\\ncare coverage for uninsured or underinsured children pursuant to\\nsections twenty-five hundred ten and twenty-five hundred eleven of this\\nchapter. For cash flow purposes, the commissioner may borrow from\\nregional or statewide pool reserves for pools established pursuant to\\nthis section such funds as shall be necessary not to exceed the amount\\nauthorized to be reserved annually to meet premium requirements pursuant\\nto sections twenty-five hundred ten and twenty-five hundred eleven of\\nthis chapter for a rate year and shall refund such moneys when pool\\nfunds become available pursuant to this paragraph for such rate year.\\n * NB Effective until December 31, 2020\\n * (b-1) An amount equal to: twenty million dollars annually for the\\nperiod January first, nineteen hundred ninety-one through December\\nthirty-first, nineteen hundred ninety-three; thirty million dollars for\\nthe period January first, nineteen hundred ninety-four through December\\nthirty-first, nineteen hundred ninety-four; thirty-seven million five\\nhundred thousand dollars for the period January first, nineteen hundred\\nninety-five through December thirty-first, nineteen hundred ninety-five;\\nand eighteen million seven hundred fifty thousand dollars for the period\\nJanuary first, nineteen hundred ninety-six through June thirtieth,\\nnineteen hundred ninety-six shall annually be reserved and accumulated\\nfrom year to year by the commissioner for distributions to programs to\\nprovide health care coverage for uninsured or underinsured children.\\nSuch accumulated funds shall not be used for any other purpose other\\nthan those authorized in section twenty-five hundred ten and twenty-five\\nhundred eleven of this chapter. If on September thirtieth, nineteen\\nhundred ninety-seven, any funds accumulated during the period January\\nfirst, nineteen hundred ninety-one through June thirtieth, nineteen\\nhundred ninety-six are unused or uncommitted for such distributions,\\nsuch unused or uncommitted funds shall be immediately transferred by the\\ncommissioner to bad debt and charity care regional pools established\\npursuant to subdivision sixteen of this section to provide additional\\nfunds for distribution from such bad debt and charity care regional\\npools in accordance with subdivision seventeen of this section. For cash\\nflow purposes, the commissioner may borrow from regional or statewide\\npool reserves for pools established pursuant to this section such funds\\nas shall be necessary not to exceed the amount authorized to be reserved\\nannually to meet premium requirements pursuant to sections twenty-five\\nhundred ten and twenty-five hundred eleven of this chapter for a rate\\nyear and shall refund such moneys when pool funds become available\\npursuant to this paragraph for such rate year.\\n * NB Effective December 31, 2020\\n (b-2) Funds available for distribution in accordance with paragraphs\\n(c) and (d) of this subdivision shall be deposited by the commissioner\\nand credited to a special revenue-other fund to be established by the\\ncomptroller. To the extent of funds appropriated therefor, funds shall\\nbe made available for distributions by or on behalf of the state, as\\npayments under the state medical assistance program provided pursuant to\\ntitle eleven of article five of the social services law from the bad\\ndebt and charity care and capital statewide pool pursuant to paragraphs\\n(c) and (d) of this subdivision.\\n (c) Funds shall be made available on a statewide basis for\\ndistribution by the commissioner in accordance with rules and\\nregulations adopted by the council and approved by the commissioner to\\nassist voluntary non-profit and private proprietary general hospitals\\nexperiencing severe fiscal hardship because of insufficient resources to\\nfinance losses resulting from bad debts and the costs of charity care.\\nAmounts to be distributed for bad debt and charity care purposes shall\\nbe determined after consideration of amounts to be distributed from\\nregional pools in accordance with subdivision seventeen of this section\\nand shall result in up to one hundred percent as defined in paragraph\\n(b) of subdivision fourteen of this section being financed for these\\ngeneral hospitals.\\n (d) Funds shall be made available on a statewide basis for\\ndistribution by the commissioner in accordance with rules and\\nregulations adopted by the council and approved by the commissioner to\\nassist voluntary non-profit and private proprietary general hospitals\\nwhich qualified for distributions made in accordance with paragraph (b)\\nof subdivision sixteen of section twenty-eight hundred seven-a of this\\narticle during the nineteen hundred eighty-seven rate period or\\nqualified for distributions made in accordance with paragraph (c) of\\nthis subdivision during a rate period or rate periods but which do not\\ncontinue to qualify for distributions made in accordance with paragraph\\n(c) of this subdivision during a rate period or rate periods. Amounts to\\nbe distributed to a general hospital pursuant to this paragraph for the\\ninitial rate period in which such general hospital does not continue to\\nqualify for distributions made in accordance with paragraph (c) of this\\nsubdivision shall be two-thirds of the amount such general hospital\\nwould have received in accordance with paragraph (c) of this subdivision\\nfor such initial rate period if the hospital had continued to be\\neligible for such distribution and for the next succeeding annual rate\\nperiod one-third of the amount such general hospital would have received\\nin accordance with paragraph (c) of this subdivision for such succeeding\\nrate period.\\n (e) There shall be set aside within a transition account in the\\nstatewide pool, from accumulated funds, from the total allocation to the\\nbad debt and charity care and capital statewide pool of the assessment\\nof one and seventy-five thousandths percent of gross revenue received in\\naccordance with paragraph (a) of subdivision eighteen of this section\\nfor the rate period commencing January first, nineteen hundred\\neighty-eight and the assessment of one and five hundredths percent of\\ngross revenue received in accordance with paragraph (a) of subdivision\\neighteen of this section for the rate period commencing January first,\\nnineteen hundred eighty-nine an amount equal to seventy-five thousandths\\nof one percent of gross revenue received and five hundredths of one\\npercent of gross revenue received respectively to be distributed to\\nvoluntary non-profit, private proprietary and public general hospitals\\nreceiving less bad debt and charity care funds under the provisions of\\nthis section than if the provisions of section twenty-eight hundred\\nseven-a of this article had applied using the same base year need as\\ncalculated in accordance with subdivision fourteen of this section.\\nRules for such distribution shall be those adopted by the council and\\napproved by the commissioner.\\n (f) Any balance in the statewide pool shall be distributed in\\naccordance with the following:\\n (i) Fifty percent of the balance shall be reserved and accumulated\\nfrom year to year by the commissioner for distributions to regional\\npilot projects to provide health care coverage under insurance or\\nequivalent mechanisms for uninsured or underinsured individuals and\\nfamilies and to provide health care coverage for catastrophic expenses\\nprovided legislation is enacted before July fifteenth, nineteen hundred\\neighty-eight authorizing such regional pilot projects and including an\\nauthorization for such regional pilot projects, notwithstanding any\\ninconsistent provision of law, to negotiate special payment rate\\nmethodologies with general hospitals for inpatient hospital services.\\n (ii) * The remaining balance shall be reserved and accumulated from\\nyear to year by the commissioner for priority distributions in\\naccordance with rules and regulations adopted by the council and\\napproved by the commissioner: (A) to assist general hospitals in\\noffsetting losses from bad debt and the costs of charity care in\\nproviding existing or expanded priority health services to the medically\\nindigent or medically underserved in urban and rural areas including,\\nbut not limited to, services for pregnant women, services for children\\nunder the age of six, and services related to acquired immune deficiency\\nsyndrome; (B) for quality assurance demonstration projects; (C) for\\nseverity of illness measurement demonstration projects; (D) for cost\\nanalyses and evaluations of health care provider services; (E) for\\nquality improvement program grants and contracts pursuant to subdivision\\nfifteen of section two hundred six of this chapter and department of\\nhealth administrative costs related thereto; and (F) for initiatives to\\nimprove public health and to expand the availability of health care\\nservices.\\n * NB Effective until December 31, 2020\\n * The remaining balance shall be reserved and accumulated from year to\\nyear by the commissioner for priority distributions in accordance with\\nrules and regulations adopted by the council and approved by the\\ncommissioner: (A) to assist general hospitals in offsetting losses from\\nbad debt and the costs of charity care in providing existing or expanded\\npriority health services to the medically indigent or medically\\nunderserved in urban and rural areas including, but not limited to,\\nservices for pregnant women, services for children under the age of six,\\nand services related to acquired immune deficiency syndrome; (B) for\\nquality assurance demonstration projects; (C) for severity of illness\\nmeasurement demonstration projects; (D) for cost analyses and\\nevaluations of health care provider services; and (E) for quality\\nimprovement program grants and contracts pursuant to subdivision fifteen\\nof section two hundred six of this chapter and department of health\\nadministrative costs related thereto.\\n * NB Effective December 31, 2020\\n Notwithstanding any provision of law to the contrary, a sum not to\\nexceed three million five hundred thousand dollars from funds available\\nfor distribution pursuant to this subparagraph may be allocated and\\ndistributed to regional pilot projects to provide health care coverage\\nunder insurance or equivalent mechanisms for uninsured or underinsured\\nindividuals and families pursuant to chapter seven hundred three of the\\nlaws of nineteen hundred eighty-eight.\\n Notwithstanding any inconsistent provision of section one hundred\\ntwelve or one hundred seventy-four of the state finance law or any other\\nlaw, funds available for distribution pursuant to this subparagraph may\\nbe allocated and distributed without a competitive bid or request for\\nproposal process.\\n (iii) Any unused funds from the allocations provided for in paragraph\\n(b) and paragraph (e) of this subdivision and subparagraph (i) of this\\nparagraph and any funds contingently allocated to regional pilot\\nprojects pursuant to subparagraph (i) of this paragraph if authorizing\\nlegislation is not enacted as required by such subparagraph shall be\\nreallocated for use in accordance with the provisions of subparagraph\\n(ii) of this paragraph.\\n (iv) Notwithstanding any inconsistent provision of this section, the\\ncommissioner shall enter into agreements with one or more persons,\\nnot-for-profit corporations, or other organizations, other than a state\\nemployee, official or agency, for the purposes of an independent\\nevaluation of the implementation and effectiveness of primary care\\ninitiatives, including preferred primary care provider designations,\\napplicable to general hospitals, diagnostic and treatment centers and\\nparticipating practitioners and may allocate and distribute funds\\notherwise available for distribution in accordance with subparagraph\\n(ii) of this paragraph for the costs of such evaluation. The evaluation\\nshall assess factors including but not limited to:\\n (A) the overall effect of such primary care initiatives on access to\\nand utilization of health care services;\\n (B) the extent to which such initiatives have fostered cooperative\\nworking relationships between various providers of health care services;\\n (C) the impact of such initiatives on the cost of health care\\nservices.\\n An initial evaluation pursuant to this subparagraph shall be submitted\\nto the governor and the legislature on or before April first, nineteen\\nhundred ninety-two and a further evaluation shall be submitted by April\\nfirst, nineteen hundred ninety-three.\\n * 19-a. Health care services allowance statewide pool distribution.\\nFunds accumulated in the statewide pool created by the allowance\\nauthorized in accordance with subparagraphs (ii) and (iii) of paragraph\\n(a) of subdivision fourteen-b of this section, including income from\\ninvested funds, shall be distributed or retained in accordance with the\\nfollowing:\\n (a) Funds shall be transferred to primary health care services\\nregional pools created by the commissioner, and shall be available,\\nincluding income from invested funds, for distributions in accordance\\nwith section twenty-eight hundred seven-bb of this article. Such funds\\nshall be transferred to each regional pool so that the regional pool\\nreceives, for the rate periods January first, nineteen hundred\\nninety-four through December thirty-first, nineteen hundred ninety-four\\nfifty-one and five-tenths percent, January first, nineteen hundred\\nninety-five through December thirty-first, nineteen hundred ninety-five\\nforty-nine and six-tenths percent, and January first, nineteen hundred\\nninety-six through December thirty-first, nineteen hundred ninety-six\\nforty-nine and six-tenths percent of the total funds to be accumulated\\nin the statewide pool from the allowance submitted by or on behalf of\\nhospitals in that region. Such regions shall be those established for\\npurposes of section two thousand nine hundred four-b of this chapter.\\n (b) A fixed percentage of the total funds accumulated in the statewide\\npool, including income from invested funds, shall be available for\\nprimary care education and training. For the rate periods January first,\\nnineteen hundred ninety-four through December thirty-first, nineteen\\nhundred ninety-four, such percentage shall be twenty-two and one-tenth\\npercent, and January first, nineteen hundred ninety-five through\\nDecember thirty-first, nineteen hundred ninety-five, such percentage\\nshall be twenty and four-tenths percent, and January first, nineteen\\nhundred ninety-six through December thirty-first, nineteen hundred\\nninety-six such percentage shall be twenty and four-tenths percent.\\nFunds shall be available for distributions as follows:\\n (i) up to four million dollars annually plus income thereon from\\ninvested funds shall be set aside and reserved from accumulated funds\\nand may be accumulated for the following year for distribution by the\\ncommissioner for primary care undergraduate medical education in\\naccordance with section nine hundred two of this chapter;\\n (ii) up to four million dollars annually plus income thereon from\\ninvested funds shall be set aside and reserved from accumulated funds\\nand may be accumulated for the following year for distribution by the\\ncommissioner for the primary care physician loan repayment program in\\naccordance with section nine hundred three of this chapter;\\n (iii) up to two million dollars annually plus income thereon from\\ninvested funds shall be set aside and reserved from accumulated funds\\nand may be accumulated for the following year for distribution by the\\ncommissioner for the primary care practitioner scholarship program in\\naccordance with section nine hundred four of this chapter;\\n (iv) up to two million dollars annually plus income thereon from\\ninvested funds shall be set aside and reserved from accumulated funds\\nand may be accumulated for the following year for distribution by the\\ncommissioner for the primary care practitioner education program in\\naccordance with section nine hundred five of this chapter;\\n (v) the balance remaining annually plus income thereon from invested\\nfunds shall be set aside and reserved from accumulated funds and may be\\naccumulated from year to year for distributions by the commissioner for\\nhealth care development in accordance with section nine hundred six of\\nthis chapter; and\\n (vi) provided, however, that the commissioner in the absence of\\nqualified recipients within a category may reallocate any funds\\nremaining or unallocated within such a category for distribution by the\\ncommissioner for the primary care practitioner scholarship program in\\naccordance with section nine hundred four of this chapter and the\\nprimary care practitioner education program in accordance with section\\nnine hundred five of this chapter.\\n (c) A fixed percentage of the total funds accumulated in the statewide\\npool, including income from invested funds, shall be deposited by the\\ncommissioner into the miscellaneous special revenue fund - 339, health\\ncare planning account, which is established for services and expenses\\nfor health planning, for purposes of: (i) per capita support of health\\nsystems agencies, provided no health systems agency shall receive less\\nthan two hundred fifty thousand dollars annually from the per capita\\nallocation, and provided further that a health systems agency receiving\\nthe minimum level of funding provided pursuant to a per capita formula\\nshall also be entitled to receive matching support; (ii) matching\\nsupport for other contributions received by health systems agencies from\\nqualified sources as determined by the commissioner; (iii) five hundred\\nthousand dollars for global budgeting demonstrations grants authorized\\npursuant to section twenty-eight hundred fourteen of this article; and\\n(iv) five hundred thousand dollars for health networks grants authorized\\npursuant to section twenty-eight hundred fourteen of this article. For\\nthe rate period January first, nineteen hundred ninety-four through\\nDecember thirty-first, nineteen hundred ninety-four such percentage\\nshall be eight and eight-tenths percent, and for the rate period January\\nfirst, nineteen hundred ninety-five through December thirty-first,\\nnineteen hundred ninety-six such percentage shall be eight and\\ntwo-tenths percent.\\n (c-1) Notwithstanding any other provision of law to the contrary, any\\nunspent funds available for programs and services pursuant to\\nsubparagraphs (iii) and (iv) of paragraph (c) of this subdivision as of\\nApril first, nineteen hundred ninety-five and any additional funds\\navailable for programs and services pursuant to subparagraphs (iii) and\\n(iv) of paragraph (c) of this subdivision for the period April first,\\nnineteen hundred ninety-five through December thirty-first, nineteen\\nhundred ninety-five shall be transferred by the commissioner and\\ndeposited and credited to the medical assistance program general fund -\\nlocal assistance account.\\n (c-2) Notwithstanding any other provision of law to the contrary,\\nfunds accumulated for programs and services pursuant to subparagraphs\\n(i) and (ii) of paragraph (c) of this subdivision for nineteen hundred\\nninety-five shall be transferred by the commissioner and deposited and\\ncredited to the general fund - local assistance account.\\n (d) A fixed percentage of the total funds accumulated in the statewide\\npool, including income from invested funds, shall be deposited by the\\ncommissioner and credited to the emergency medical services training\\naccount established for purposes of section ninety-seven-q of the state\\nfinance law for services and expenses related to emergency medical\\nservices training and administration. For the rate period January first,\\nnineteen hundred ninety-four through December thirty-first, nineteen\\nhundred ninety-four, such percentage shall be seventeen and six-tenths\\npercent, for the rate period January first, nineteen hundred ninety-five\\nthrough December thirty-first, nineteen hundred ninety-five, such\\npercentage shall be twenty-one and eight-tenths percent, and for the\\nrate period January first, nineteen hundred ninety-six through December\\nthirty-first, nineteen hundred ninety-six, such percentage shall be\\ntwenty-one and eight-tenths percent.\\n (f) Distributions from the pools created in accordance with this\\nsubdivision and subdivision fourteen-b of this section, and the\\ncomponents of rates of payment or charges related to the allowances\\nprovided in accordance with subdivision fourteen-b of this section shall\\nnot be included in gross revenue received for purposes of the\\nassessments pursuant to subdivision eighteen of this section, subject to\\nthe provisions of paragraph (e) of subdivision eighteen of this section,\\nand shall not be included in gross receipts received for purposes of the\\nassessments pursuant to section twenty-eight hundred seven-d of this\\narticle, subject to the provisions of subdivision twelve of section\\ntwenty-eight hundred seven-d of this article.\\n (g) Notwithstanding any inconsistent provisions of law, the\\ncommissioner may borrow from regional or statewide pool reserves for\\npools established pursuant to sections twenty-eight hundred eight-c,\\ntwenty-eight hundred seven-a or this section of this article such funds\\nas shall be necessary, not to exceed the amounts projected to be\\navailable pursuant to paragraph (d) of subdivision fourteen-b of this\\nsection, annually for distributions in accordance with paragraphs (a),\\n(b), (c), (d) and (h) of this subdivision for a rate year and shall\\nrefund such moneys when pool funds become available pursuant to\\nparagraphs (a), (b), (c), (d) and (h) of this subdivision for such rate\\nyear.\\n (h) Notwithstanding any inconsistent provision of this subdivision,\\nprior to allocation of funds in accordance with paragraphs (a), (b), (c)\\nand (d) of this subdivision from the allowance for the period July\\nfirst, nineteen hundred ninety-five through December thirty-first,\\nnineteen hundred ninety-five and from the allowance for the period\\nJanuary first, nineteen hundred ninety-six through June thirtieth,\\nnineteen hundred ninety-six, thirty-nine million five hundred thousand\\ndollars from the nineteen hundred ninety-five pool and forty-four\\nmillion five hundred thousand dollars from the nineteen hundred\\nninety-six pool respectively shall be reserved by the commissioner from\\nthe amount accumulated in the statewide pool, proportionally based on\\nthe total amount of funds projected to be accumulated in the pool for\\nthe year, for additional distributions in accordance with paragraph\\n(b-1) of subdivision nineteen of this section to programs to provide\\nhealth care coverage for uninsured or underinsured children, and the\\nbalance of funds accumulated in the statewide pool shall be\\nproportionally allocated in accordance with paragraphs (a), (b), (c) and\\n(d) of this subdivision.\\n * NB Effective until December 31, 2020\\n * 19-a. Health care services allowance statewide pool distribution.\\nFunds accumulated in the statewide pool created by the allowance\\nauthorized in accordance with subparagraphs (ii) and (iii) of paragraph\\n(a) of subdivision fourteen-b of this section, including income from\\ninvested funds, shall be distributed or retained in accordance with the\\nfollowing:\\n (a) Funds shall be transferred to primary health care services\\nregional pools created by the commissioner, and shall be available,\\nincluding income from invested funds, for distributions in accordance\\nwith section twenty-eight hundred seven-bb of this article. Such funds\\nshall be transferred to each regional pool so that the regional pool\\nreceives, for the rate periods January first, nineteen hundred\\nninety-four through December thirty-first, nineteen hundred ninety-four\\nfifty-one and five-tenths percent, January first, nineteen hundred\\nninety-five through December thirty-first, nineteen hundred ninety-five\\nforty-nine and six-tenths percent, and January first, nineteen hundred\\nninety-six through June thirtieth, nineteen hundred ninety-six\\nforty-nine and six tenths percent of the total funds to be accumulated\\nin the statewide pool from the allowance submitted by or on behalf of\\nhospitals in that region. Such regions shall be those established for\\npurposes of section two thousand nine hundred four-b of this chapter.\\n (b) A fixed percentage of the total funds accumulated in the statewide\\npool, including income from invested funds, shall be available for\\nprimary care education and training. For the rate periods January first,\\nnineteen hundred ninety-four through December thirty-first, nineteen\\nhundred ninety-four, such percentage shall be twenty-two and one-tenth\\npercent, January first, nineteen hundred ninety-five through December\\nthirty-first, nineteen hundred ninety-five, such percentage shall be\\ntwenty and four-tenths percent, and January first, nineteen hundred\\nninety-six through June thirtieth, nineteen hundred ninety-six, such\\npercentage shall be twenty and four-tenths percent. Funds shall be\\navailable for distributions as follows:\\n (i) up to four million dollars annually plus income thereon from\\ninvested funds shall be set aside and reserved from accumulated funds\\nand may be accumulated for the following year for distribution by the\\ncommissioner for primary care undergraduate medical education in\\naccordance with section nine hundred two of this chapter;\\n (ii) up to four million dollars annually plus income thereon from\\ninvested funds shall be set aside and reserved from accumulated funds\\nand may be accumulated for the following year for distribution by the\\ncommissioner for the primary care physician loan repayment program in\\naccordance with section nine hundred three of this chapter;\\n (iii) up to two million dollars annually plus income thereon from\\ninvested funds shall be set aside and reserved from accumulated funds\\nand may be accumulated for the following year for distribution by the\\ncommissioner for the primary care practitioner scholarship program in\\naccordance with section nine hundred four of this chapter;\\n (iv) up to two million dollars annually plus income thereon from\\ninvested funds shall be set aside and reserved from accumulated funds\\nand may be accumulated for the following year for distribution by the\\ncommissioner for the primary care practitioner education program in\\naccordance with section nine hundred five of this chapter;\\n (v) the balance remaining annually plus income thereon from invested\\nfunds shall be set aside and reserved from accumulated funds and may be\\naccumulated from year to year for distributions by the commissioner for\\nhealth care development in accordance with section nine hundred six of\\nthis chapter; and\\n (vi) provided, however, that the commissioner in the absence of\\nqualified recipients within a category may reallocate any funds\\nremaining or unallocated within such a category for distribution by the\\ncommissioner for the primary care practitioner scholarship program in\\naccordance with section nine hundred four of this chapter and the\\nprimary care practitioner education program in accordance with section\\nnine hundred five of this chapter.\\n (c) A fixed percentage of the total funds accumulated in the statewide\\npool including income from invested funds, shall be deposited by the\\ncommissioner into the miscellaneous special revenue fund - 339, health\\ncare planning account, which is established for services and expenses\\nfor health planning, for purposes of: (i) per capita support of health\\nsystems agencies, provided no health systems agency shall receive less\\nthan two hundred fifty thousand dollars annually from the per capita\\nallocation, and provided further that a health systems agency receiving\\nthe minimum level of funding provided pursuant to a per capita formula\\nshall also be entitled to receive matching support; (ii) matching\\nsupport for other contributions received by health systems agencies from\\nqualified sources as determined by the commissioner; (iii) five hundred\\nthousand dollars for global budgeting demonstrations grants authorized\\npursuant to section twenty-eight hundred fourteen of this article; and\\n(iv) five hundred thousand dollars for health networks grants authorized\\npursuant to section twenty-eight hundred fourteen of this article. For\\nthe rate period January first, nineteen hundred ninety-four through\\nDecember thirty-first, nineteen hundred ninety-four such percentage\\nshall be eight and eight-tenths percent, and for the rate period January\\nfirst, nineteen hundred ninety-five through June thirtieth, nineteen\\nhundred ninety-six such percentage shall be eight and two-tenths\\npercent.\\n (c-1) Notwithstanding any other provision of law to the contrary, any\\nunspent funds available for programs and services pursuant to\\nsubparagraphs (iii) and (iv) of paragraph (c) of this subdivision as of\\nApril first, nineteen hundred ninety-five and any additional funds\\navailable for programs and services pursuant to subparagraphs (iii) and\\n(iv) of paragraph (c) of this subdivision for the period April first,\\nnineteen hundred ninety-five through December thirty-first, nineteen\\nhundred ninety-five shall be transferred by the commissioner and\\ndeposited and credited to the medical assistance program general fund\\nlocal assistance account.\\n (c-2) Notwithstanding any other provision of law to the contrary,\\nfunds accumulated for programs and services pursuant to subparagraphs\\n(i) and (ii) of paragraph (c) of this subdivision for nineteen hundred\\nninety-five shall be transferred by the commissioner and deposited and\\ncredited to the general fund - local assistance account.\\n (d) A fixed percentage of the total funds accumulated in the statewide\\npool, including income from invested funds, shall be deposited by the\\ncommissioner and credited to the emergency medical services training\\naccount established for purposes of section ninety-seven-q of the state\\nfinance law for services and expenses related to emergency medical\\nservices training and administration. For the rate period January first,\\nnineteen hundred ninety-four through December thirty-first, nineteen\\nhundred ninety-four, such percentage shall be seventeen and six-tenths\\npercent, for the rate period January first, nineteen hundred ninety-five\\nthrough December thirty-first, nineteen hundred ninety-five, such\\npercentage shall be twenty-one and eight-tenths percent, and for the\\nrate period January first, nineteen hundred ninety-six through June\\nthirtieth, nineteen hundred ninety-six, such percentage shall be\\ntwenty-one and eight-tenths percent.\\n (e) If on September thirtieth, nineteen hundred ninety-seven, any\\nfunds accumulated over the period January first, nineteen hundred\\nninety-four through June thirtieth, nineteen hundred ninety-six in the\\nregional pools established pursuant to paragraph (a) of this subdivision\\nare unused or uncommitted for the allocations provided for, such unused\\nor uncommitted funds shall be reallocated for use in accordance with the\\nprovisions of subdivision seventeen of this section.\\n (f) Distributions from the pools created in accordance with this\\nsubdivision and subdivision fourteen-b of this section, and the\\ncomponents of rates of payment or charges related to the allowances\\nprovided in accordance with subdivision fourteen-b of this section shall\\nnot be included in gross revenue received for purposes of the\\nassessments pursuant to subdivision eighteen of this section, subject to\\nthe provisions of paragraph (e) of subdivision eighteen of this section,\\nand shall not be included in gross receipts received for purposes of the\\nassessments pursuant to section twenty-eight hundred seven-d of this\\narticle, subject to the provisions of subdivision twelve of section\\ntwenty-eight hundred seven-d of this article.\\n (g) Notwithstanding any inconsistent provisions of law, the\\ncommissioner may borrow from regional or statewide pool reserves for\\npools established pursuant to sections twenty-eight hundred eight-c,\\ntwenty-eight hundred seven-a or this section of this article such funds\\nas shall be necessary, not to exceed the amounts projected to be\\navailable pursuant to paragraph (d) of subdivision fourteen-b of this\\nsection, annually for distributions in accordance with paragraphs (a),\\n(b), (c), (d) and (h) of this subdivision for a rate year and shall\\nrefund such moneys when pool funds become available pursuant to\\nparagraphs (a), (b), (c), (d) and (h) of this subdivision for such rate\\nyear.\\n (h) Notwithstanding any inconsistent provision of this subdivision,\\nprior to allocation of funds in accordance with paragraphs (a), (b), (c)\\nand (d) of this subdivision from the allowance for the period July\\nfirst, nineteen hundred ninety-five through December thirty-first,\\nnineteen hundred ninety-five and from the allowance for the period\\nJanuary first, nineteen hundred ninety-six through June thirtieth,\\nnineteen hundred ninety-six, thirty-nine million five hundred thousand\\ndollars from the nineteen hundred ninety-five pool and twenty-two\\nmillion two hundred fifty thousand dollars from the nineteen hundred\\nninety-six pool respectively shall be reserved by the commissioner from\\nthe amount accumulated in the statewide pool, proportionally based on\\nthe total amount of funds projected to be accumulated in the pool for\\nthe year, for additional distributions in accordance with paragraph\\n(b-1) of subdivision nineteen of this section to programs to provide\\nhealth care coverage for uninsured or underinsured children, and the\\nbalance of funds accumulated in the statewide pool shall be\\nproportionally allocated in accordance with paragraphs (a), (b),(c) and\\n(d) of this subdivision.\\n * NB Effective December 31, 2020\\n * 19-b. Funds accumulated in the statewide pool created by the\\nassessment authorized in accordance with subdivision eighteen of this\\nsection for a period during the period January first, nineteen hundred\\nninety-seven through December thirty-first, nineteen hundred ninety-nine\\nand periods on and after January first, two thousand, including income\\nfrom invested funds, shall be transferred by the commissioner and\\nconsolidated with funds accumulated from the allowance pursuant to\\nsubdivision two of section twenty-eight hundred seven-j of this article\\nfor such period and allocated in accordance with subdivision nine of\\nsection twenty-eight hundred seven-j of this article.\\n * NB Effective until December 31, 2020\\n * 19-b. Funds accumulated in the statewide pool created by the\\nassessment authorized in accordance with subdivision eighteen of this\\nsection for a period during the period January first, nineteen hundred\\nninety-seven through December thirty-first, nineteen hundred\\nninety-nine, including income from invested funds, shall be transferred\\nby the commissioner and consolidated with funds accumulated from the\\nallowance pursuant to subdivision two of section twenty-eight hundred\\nseven-j of this article for such period and allocated in accordance with\\nsubdivision nine of section twenty-eight hundred seven-j of this\\narticle.\\n * NB Effective and repealed December 31, 2020\\n 20. Payments to pools. (a) Payments by or on behalf of general\\nhospitals to bad debt and charity care regional pools of funds due based\\non the allowance included in rates and charges in accordance with\\nparagraph (c) of subdivision fourteen of this section and to regional\\npools created pursuant to paragraph (b) of subdivision fourteen-b and to\\na statewide pool created pursuant to paragraph (b) of subdivision\\nfourteen-c of this section shall be made on a time schedule established\\nby the council, subject to the approval of the commissioner, by\\nregulation; provided, however, that estimated payments of amounts due\\nfor patients discharged in a calendar month commencing on or after\\nOctober first, nineteen hundred ninety-one must be made within sixty\\ndays of the end of each month unless payments of actual amounts due for\\nsuch calendar months have been made within such sixty day time period.\\nUpon receipt of notification from the commissioner, the comptroller, or\\na fiscal intermediary designated by the director of the budget, or the\\ncommissioner of social services, or a corporation organized and\\noperating in accordance with article forty-three of the insurance law or\\nan organization operating in accordance with article forty-four of this\\nchapter shall withhold from the amount of any payment to be made by the\\nstate or such article forty-three corporation or article forty-four\\norganization to a general hospital the amount of any arrearage resulting\\nfrom such general hospital's failure to make a timely payment to the\\npools of funds due based on the allowances included in rates and charges\\nin accordance with paragraph (c) of subdivision fourteen, paragraph (a)\\nof subdivision fourteen-b and paragraph (a) of subdivision fourteen-c of\\nthis section. Upon withholding such amount, the comptroller, or a\\ndesignated fiscal intermediary, or the commissioner of social services,\\nor a corporation organized and operating in accordance with article\\nforty-three of the insurance law or an organization operating in\\naccordance with article forty-four of this chapter shall pay the\\ncommissioner, or his designee, such amount withheld for deposit into the\\napplicable pool. Any general hospital in arrears resulting from failure\\nto make a timely payment to a pool shall not be eligible for a\\ndistribution from a bad debt and charity care regional pool in\\naccordance with subdivision seventeen of this section until such\\narrearage is satisfied.\\n (b) (i) Payments by or on behalf of general hospitals to the bad debt\\nand charity care and capital statewide pool of funds due from the\\nassessments pursuant to subdivision eighteen of this section shall be\\nmade on a time schedule established by the council, subject to the\\napproval of the commissioner, by regulation; provided, however, that\\nestimated payments of amounts due for patients discharged in a calendar\\nmonth commencing on or after October first, nineteen hundred ninety-one\\nmust be made within sixty days of the end of each month unless payments\\nof actual amounts due for such calendar months have been made within\\nsuch sixty day time period. Upon receipt of notification from the\\ncommissioner, the comptroller, or a fiscal intermediary designated by\\nthe director of the budget, or a corporation organized and operating in\\naccordance with article forty-three of the insurance law or an\\norganization operating in accordance with article forty-four of this\\nchapter shall withhold from the amount of any payment to be made by the\\nstate or such article forty-three corporation or article forty-four\\norganization to a general hospital the amount of any arrearage resulting\\nfrom such general hospital's failure to make a timely payment to the bad\\ndebt and charity care and capital statewide pool of funds due from the\\nassessments. Upon withholding such amount, the comptroller, or a\\ndesignated fiscal intermediary, or a corporation organized and operating\\nin accordance with article forty-three of the insurance law or an\\norganization operating in accordance with article forty-four of this\\nchapter shall pay the commissioner, or his designee, such amount\\nwithheld for deposit into the applicable pool. Any general hospital in\\narrears resulting from failure to make a timely payment to the bad debt\\nand charity care and capital statewide pool shall not be eligible for a\\ndistribution from the bad debt and charity care regional pools in\\naccordance with subdivision seventeen of this section or the bad debt\\nand charity care and capital statewide pool in accordance with\\nsubdivision nineteen of this section until such arrearage is satisfied.\\n (ii) For periods on and after January first, two thousand five,\\nreports submitted by general hospitals to implement the assessment set\\nforth in subdivision eighteen of this section shall be submitted\\nelectronically in a form as may be required by the commissioner;\\nprovided, however, general hospitals are not prohibited from submitting\\nreports electronically on a voluntary basis prior to such date, and\\nprovided further, however, that all such electronic submissions\\nsubmitted on and after July first, two thousand twelve shall be verified\\nwith an electronic signature as prescribed by the commissioner.\\n (c) (i) Interest shall be due and payable to the commissioner by a\\ngeneral hospital or by a payor paying directly to a pool on the\\ndifference between the amount paid to a pool and the amount due to such\\npool by the hospital or payor from the day of the month the payment was\\ndue until the date of payment. The rate of interest shall be twelve\\npercent per annum or at the rate of interest set by the commissioner of\\ntaxation and finance with respect to underpayments of tax pursuant to\\nsubsection (e) of section one thousand ninety-six of the tax law minus\\nfour percentage points. Interest under this paragraph shall not be paid\\nif the amount thereof is less than one dollar. Interest may be collected\\nby the commissioner in the same manner as an arrearage pursuant to this\\nsubdivision.\\n (ii) If a payment by a general hospital or by a payor paying directly\\nto a pool is less than seventy percent of the amount due to such pool by\\nthe hospital or payor, a penalty shall be due and payable to the\\ncommissioner by the hospital or payor of five percent of the difference\\nbetween the amount paid to the pool and the amount due to such pool when\\nthe failure to pay is for a duration of not more than one month after\\nthe due date of the payment with an additional five percent for each\\nadditional month or fraction thereof during which such failure\\ncontinues, not exceeding twenty-five percent in the aggregate. A penalty\\nmay be collected by the commissioner in the same manner as an arrearage\\npursuant to this subdivision.\\n 21. Maximum distributions. (a) No general hospital may receive in\\ntotal from the distributions made in accordance with paragraph (b) of\\nsubdivision fourteen-c, paragraphs (a) and (b) of subdivision seventeen\\nand paragraphs (c), (d) and (e) of subdivision nineteen of this section\\nan amount which exceeds its need for financing losses related to bad\\ndebts and the costs of charity care as defined in paragraph (b) of\\nsubdivision fourteen of this section.\\n * (b)(i) No public general hospital may receive in total from\\ndisproportionate share payment distributions made in accordance with\\nsubdivision seventeen of this section and adjustments in accordance with\\nsubdivisions fourteen-a and fourteen-d of this section for the period\\nApril first, nineteen hundred ninety-four through December thirty-first,\\nnineteen hundred ninety-four or for annual rate periods beginning on\\nJanuary first on or after January first, nineteen hundred ninety-five\\nthrough December thirty-first, nineteen hundred ninety-six, or made in\\naccordance with section twenty-eight hundred seven-k of this article and\\nadjustments in accordance with subdivision fourteen-f of this section\\nfor annual periods beginning on January first on and after January\\nfirst, nineteen hundred ninety-seven through December thirty-first,\\nnineteen hundred ninety-nine and on and after January first, two\\nthousand an amount which exceeds the costs incurred during such period\\nof furnishing inpatient and ambulatory hospital services, net of medical\\nassistance payments pursuant to title eleven of article five of the\\nsocial services law, other than disproportionate share payments pursuant\\nto subdivision twenty-six of this section or subdivision thirteen of\\nsection twenty-eight hundred seven-k of this article, and payments by\\nuninsured patients, by the hospital to individuals who either are\\neligible for medical assistance pursuant to title eleven of article five\\nof the social services law or have no health insurance or other source\\nof third party coverage; provided, however, that the commissioner shall\\nmake such increase to such maximum or to the manner in which the\\nlimitation on disproportionate share payments is applied as shall\\nincrease the maximum limit for a period or part of a period as\\nauthorized by federal law or regulation or the secretary of the\\ndepartment of health and human services for purposes of federal\\nfinancial participation pursuant to title XIX of the federal social\\nsecurity act. For purposes of this paragraph, payments to a general\\nhospital for services provided to indigent patients made by the state or\\na unit of local government within the state shall not be considered to\\nbe a source of third party payment.\\n (ii) Reductions pursuant to this paragraph shall be made in the\\nfollowing sequence:\\n (A) for periods through December thirty-first, nineteen hundred\\nninety-six, adjustments in accordance with subdivision fourteen-d of\\nthis section; adjustments in accordance with subdivision fourteen-a of\\nthis section; and distributions in accordance with subdivision seventeen\\nof this section, and\\n (B) for periods during the period January first, nineteen hundred\\nninety-seven through December thirty-first, nineteen hundred ninety-nine\\nand on and after January first, two thousand, adjustments in accordance\\nwith subdivision fourteen-f of this section; and distributions in\\naccordance with section twenty-eight hundred seven-k of this article.\\n (iii) (A) In the event a reduction pursuant to subparagraphs (i) and\\n(ii) of this paragraph is effective for distributions in accordance with\\nsubdivision seventeen of this section for a general hospital, such\\ngeneral hospital shall receive a supplementary distribution not as a\\ndisproportionate share payment and not subject to federal financial\\nparticipation from funds available pursuant to subdivision seventeen of\\nthis section for periods through December thirty-first, nineteen hundred\\nninety-six equal to one-half of such reduction.\\n (B) In the event a reduction pursuant to subparagraphs (i) and (ii) of\\nthis paragraph is effective for distributions in accordance with section\\ntwenty-eight hundred seven-k of this article for a general hospital,\\nsuch general hospital shall receive a supplementary distribution not as\\na disproportionate share payment and not subject to federal financial\\nparticipation from funds available pursuant to section twenty-eight\\nhundred seven-k of this article for periods during the period January\\nfirst, nineteen hundred ninety-seven through December thirty-first,\\nnineteen hundred ninety-nine and on and after January first, two\\nthousand equal to one-half of such reduction.\\n * NB Effective until December 31, 2020\\n * (b)(i) No public general hospital may receive in total from\\ndisproportionate share payment distributions made in accordance with\\nsubdivision seventeen of this section and adjustments in accordance with\\nsubdivisions fourteen-a and fourteen-d of this section for the period\\nApril first, nineteen hundred ninety-four through December thirty-first,\\nnineteen hundred ninety-four or for annual rate periods beginning on\\nJanuary first on or after January first, nineteen hundred ninety-five\\nthrough December thirty-first, nineteen hundred ninety-six, or made in\\naccordance with section twenty-eight hundred seven-k of this article and\\nadjustments in accordance with subdivision fourteen-f of this section\\nfor annual periods beginning on January first on and after January\\nfirst, nineteen hundred ninety-seven through December thirty-first,\\nnineteen hundred ninety-nine an amount which exceeds the costs incurred\\nduring such period of furnishing inpatient and ambulatory hospital\\nservices, net of medical assistance payments pursuant to title eleven of\\narticle five of the social services law, other than disproportionate\\nshare payments pursuant to subdivision twenty-six of this section or\\nsubdivision thirteen of section twenty-eight hundred seven-k of this\\narticle, and payments by uninsured patients, by the hospital to\\nindividuals who either are eligible for medical assistance pursuant to\\ntitle eleven of article five of the social services law or have no\\nhealth insurance or other source of third party coverage; provided,\\nhowever, that the commissioner shall make such increase to such maximum\\nor to the manner in which the limitation on disproportionate share\\npayments is applied as shall increase the maximum limit for a period or\\npart of a period as authorized by federal law or regulation or the\\nsecretary of the department of health and human services for purposes of\\nfederal financial participation pursuant to title XIX of the federal\\nsocial security act. For purposes of this paragraph, payments to a\\ngeneral hospital for services provided to indigent patients made by the\\nstate or a unit of local government within the state shall not be\\nconsidered to be a source of third party payment.\\n (ii) Reductions pursuant to this paragraph shall be made in the\\nfollowing sequence:\\n (A) for periods through December thirty-first, nineteen hundred\\nninety-six, adjustments in accordance with subdivision fourteen-d of\\nthis section; adjustments in accordance with subdivision fourteen-a of\\nthis section; and distributions in accordance with subdivision seventeen\\nof this section, and\\n (B) for periods during the period January first, nineteen hundred\\nninety-seven through December thirty-first, nineteen hundred\\nninety-nine, adjustments in accordance with subdivision fourteen-f of\\nthis section; and distributions in accordance with section twenty-eight\\nhundred seven-k of this article.\\n (iii) (A) In the event a reduction pursuant to subparagraphs (i) and\\n(ii) of this paragraph is effective for distributions in accordance with\\nsubdivision seventeen of this section for a general hospital, such\\ngeneral hospital shall receive a supplementary distribution not as a\\ndisproportionate share payment and not subject to federal financial\\nparticipation from funds available pursuant to subdivision seventeen of\\nthis section for periods through December thirty-first, nineteen hundred\\nninety-six.\\n (B) In the event a reduction pursuant to subparagraphs (i) and (ii) of\\nthis paragraph is effective for distributions in accordance with section\\ntwenty-eight hundred seven-k of this article for a general hospital,\\nsuch general hospital shall receive a supplementary distribution not as\\na disproportionate share payment and not subject to federal financial\\nparticipation from funds available pursuant to section twenty-eight\\nhundred seven-k of this article for periods during the period January\\nfirst, nineteen hundred ninety-seven through December thirty-first,\\nnineteen hundred ninety-nine equal to one-half of such reduction.\\n * NB Effective and expires December 31, 2020\\n * (b) (i) No public general hospital may receive in total from\\ndisproportionate share payment distributions made in accordance with\\nsubdivision seventeen of this section and adjustments in accordance with\\nsubdivisions fourteen-a and fourteen-d of this section for the period\\nApril first, nineteen hundred ninety-four through December thirty-first,\\nnineteen hundred ninety-four or for annual rate period beginning on\\nJanuary first on or after January first, nineteen hundred ninety-five an\\namount which exceeds the costs incurred during such period of furnishing\\ninpatient and ambulatory hospital services, net of medical assistance\\npayments pursuant to title eleven of article five of the social services\\nlaw, other than disproportionate share payments pursuant to subdivision\\ntwenty-six of this section, and payments by uninsured patients, by the\\nhospital to individuals who either are eligible for medical assistance\\npursuant to title eleven of article five of the social services law or\\nhave no health insurance or other source of third party coverage;\\nprovided, however, that the commissioner shall make such increase to\\nsuch maximum or to the manner in which the limitation on\\ndisproportionate share payments is applied as shall increase the maximum\\nlimit for a period or part of a period as authorized by federal law or\\nregulation or the secretary of the department of health and human\\nservices for purposes of federal financial participation pursuant to\\ntitle XIX of the federal social security act. For purposes of this\\nparagraph, payments to a general hospital for services provided to\\nindigent patients made by the state or a unit of local government within\\nthe state shall not be considered to be a source of third party payment.\\n (ii) Reductions pursuant to this paragraph shall be made in the\\nfollowing sequence: adjustments in accordance with subdivision\\nfourteen-d of this section; adjustments in accordance with subdivision\\nfourteen-a of this section; and distributions in accordance with\\nsubdivision seventeen of this section.\\n (iii) In the event a reduction pursuant to subparagraphs (i) and (ii)\\nof this paragraph is effective for distributions in accordance with\\nsubdivision seventeen of this section for a general hospital, such\\ngeneral hospital shall receive a supplementary distribution not as a\\ndisproportionate share payment and not subject to federal financial\\nparticipation from funds available pursuant to subdivision seventeen of\\nthis section equal to one-half of such reduction.\\n * NB Effective December 31, 2020\\n * (c)(i) No general hospital other than a public general hospital may\\nreceive in total from disproportionate share payment distributions made\\nin accordance with paragraph (b) of subdivision fourteen-c, subdivision\\nseventeen and paragraphs (c) and (d) of subdivision nineteen of this\\nsection and adjustments in accordance with subdivision fourteen-d of\\nthis section for the period April first, nineteen hundred ninety-five\\nthrough December thirty-first, nineteen hundred ninety-five or for the\\nannual rate period beginning on January first, nineteen hundred\\nninety-six through December thirty-first, nineteen hundred ninety-six,\\nor made in accordance with section twenty-eight hundred seven-k of this\\narticle for annual periods beginning on January first on and after\\nJanuary first, nineteen hundred ninety-seven through December\\nthirty-first, nineteen hundred ninety-nine and on and after January\\nfirst, two thousand an amount which exceeds the costs incurred during\\nsuch period of furnishing inpatient and ambulatory hospital services,\\nnet of medical assistance payments pursuant to title eleven of article\\nfive of the social services law, other than disproportionate share\\npayments pursuant to subdivision twenty-six of this section or\\nsubdivision thirteen of section twenty-eight hundred seven-k of this\\narticle, and payments by uninsured patients, by the hospital to\\nindividuals who either are eligible for medical assistance pursuant to\\ntitle eleven of article five of the social services law or have no\\nhealth insurance or other source of third party coverage; provided,\\nhowever, that the commissioner shall make such modifications to the\\nmanner in which the limitation on disproportionate share payments is\\napplied to such hospitals as shall increase the maximum limit for a\\nperiod or part of a period as authorized by federal law or regulation or\\nthe secretary of the department of health and human services for\\npurposes of federal financial participation pursuant to title XIX of the\\nfederal social security act. For purposes of this paragraph, payments to\\na general hospital for services provided to indigent patients made by\\nthe state or a unit of local government within the state shall not be\\nconsidered to be a source of third party payment.\\n (ii)(A) Reductions pursuant to this paragraph for periods through\\nDecember thirty-first, nineteen hundred ninety-six shall be made in the\\nfollowing sequence for general hospitals other than financially\\ndistressed hospitals: adjustments in accordance with subdivision\\nfourteen-d of this section; and distributions in accordance with\\nsubdivision seventeen of this section.\\n (B) Reductions pursuant to this paragraph for periods through December\\nthirty-first, nineteen hundred ninety-six shall be made in the following\\nsequence for general hospitals designated as financially distressed\\nhospitals: distributions in accordance with paragraph (b) of subdivision\\nfourteen-c of this section; distributions in accordance with paragraphs\\n(c) and (d) of subdivision nineteen of this section; and distributions\\nin accordance with subdivision seventeen of this section.\\n (C) Reductions pursuant to this paragraph for periods during the\\nperiod January first, nineteen hundred ninety-seven through December\\nthirty-first, nineteen hundred ninety-nine and on and after January\\nfirst, two thousand, shall be made from distributions in accordance with\\nsection twenty-eight hundred seven-k of this article.\\n (iii) (A) In the event a reduction pursuant to subparagraphs (i) and\\n(ii) of this paragraph is effective for distributions in accordance with\\nparagraph (b) of subdivision fourteen-c of this section, paragraph (c)\\nor (d) of subdivision nineteen of this section, subdivision fourteen-d\\nof this section or subdivision seventeen of this section for a general\\nhospital, such general hospital shall receive a supplementary\\ndistribution not as a disproportionate share payment and not subject to\\nfederal financial participation from funds available pursuant to such\\nsubdivisions equal to one-half of such reduction for periods through\\nDecember thirty-first, nineteen hundred ninety-six.\\n (B) In the event a reduction pursuant to subparagraphs (i) and (ii) of\\nthis paragraph is effective for distributions in accordance with section\\ntwenty-eight hundred seven-k of this article for a general hospital,\\nsuch general hospital shall receive a supplementary distribution not as\\na disproportionate share payment and not subject to federal financial\\nparticipation from funds available pursuant to section twenty-eight\\nhundred seven-k of this article for periods during the period January\\nfirst, nineteen hundred ninety-seven through December thirty-first,\\nnineteen hundred ninety-nine and on and after January first, two\\nthousand equal to one-half of such reduction.\\n * NB Effective until December 31, 2020\\n * (c)(i) No general hospital other than a public general hospital may\\nreceive in total from disproportionate share payment distributions made\\nin accordance with paragraph (b) of subdivision fourteen-c, subdivision\\nseventeen and paragraphs (c) and (d) of subdivision nineteen of this\\nsection and adjustments in accordance with subdivision fourteen-d of\\nthis section for the period April first, nineteen hundred ninety-five\\nthrough December thirty-first, nineteen hundred ninety-five or for the\\nannual rate period beginning on January first, nineteen hundred\\nninety-six through December thirty-first, nineteen hundred ninety-six,\\nor made in accordance with section twenty-eight hundred seven-k of this\\narticle for annual periods beginning on January first on and after\\nJanuary first, nineteen hundred ninety-seven through December\\nthirty-first, nineteen hundred ninety-nine an amount which exceeds the\\ncosts incurred during such period of furnishing inpatient and ambulatory\\nhospital services, net of medical assistance payments pursuant to title\\neleven of article five of the social services law, other than\\ndisproportionate share payments pursuant to subdivision twenty-six of\\nthis section or subdivision thirteen of section twenty-eight hundred\\nseven-k of this article, and payments by uninsured patients, by the\\nhospital to individuals who either are eligible for medical assistance\\npursuant to title eleven of article five of the social services law or\\nhave no health insurance or other source of third party coverage;\\nprovided, however, that the commissioner shall make such modifications\\nto the manner in which the limitation on disproportionate share payments\\nis applied to such hospitals as shall increase the maximum limit for a\\nperiod or part of a period as authorized by federal law or regulation or\\nthe secretary of the department of health and human services for\\npurposes of federal financial participation pursuant to title XIX of the\\nfederal social security act. For purposes of this paragraph, payments to\\na general hospital for services provided to indigent patients made by\\nthe state or a unit of local government within the state shall not be\\nconsidered to be a source of third party payment.\\n (ii)(A) Reductions pursuant to this paragraph for periods through\\nDecember thirty-first, nineteen hundred ninety-six shall be made in the\\nfollowing sequence for general hospitals other than financially\\ndistressed hospitals: adjustments in accordance with subdivision\\nfourteen-d of this section; and distributions in accordance with\\nsubdivision seventeen of this section.\\n (B) Reductions pursuant to this paragraph for periods through December\\nthirty-first, nineteen hundred ninety-six shall be made in the following\\nsequence for general hospitals designated as financially distressed\\nhospitals: distributions in accordance with paragraph (b) of subdivision\\nfourteen-c of this section; distributions in accordance with paragraphs\\n(c) and (d) of subdivision nineteen of this section; and distributions\\nin accordance with subdivision seventeen of this section.\\n (C) Reductions pursuant to this paragraph for periods during the\\nperiod January first, nineteen hundred ninety-seven through December\\nthirty-first, nineteen hundred ninety-nine, shall be made from\\ndistributions in accordance with section twenty-eight hundred seven-k of\\nthis article.\\n (iii) (A) In the event a reduction pursuant to subparagraphs (i) and\\n(ii) of this paragraph is effective for distributions in accordance with\\nparagraph (b) of subdivision fourteen-c of this section, paragraph (c)\\nor (d) of subdivision nineteen of this section, subdivision fourteen-d\\nof this section or subdivision seventeen of this section for a general\\nhospital, such general hospital shall receive a supplementary\\ndistribution not as a disproportionate share payment and not subject to\\nfederal financial participation from funds available pursuant to such\\nsubdivisions equal to one-half of such reduction for periods through\\nDecember thirty-first, nineteen hundred ninety-six.\\n (B) In the event a reduction pursuant to subparagraphs (i) and (ii) of\\nthis paragraph is effective for distributions in accordance with section\\ntwenty-eight hundred seven-k of this article for a general hospital,\\nsuch general hospital shall receive a supplementary distribution not as\\na disproportionate share payment and not subject to federal financial\\nparticipation from funds available pursuant to section twenty-eight\\nhundred seven-k of this article for periods during the period January\\nfirst, nineteen hundred ninety-seven through December thirty-first,\\nnineteen hundred ninety-nine equal to one-half of such reduction.\\n * NB Effective and expires December 31, 2020\\n * (c) (i) No general hospital other than a public general hospital may\\nreceive in total from disproportionate share payment distributions made\\nin accordance with paragraph (b) of subdivision fourteen-c, subdivision\\nseventeen and paragraphs (c) and (d) of subdivision nineteen of this\\nsection and adjustments in accordance with subdivision fourteen-d of\\nthis section for the period April first, nineteen hundred ninety-five\\nthrough December thirty-first, nineteen hundred ninety-five or for the\\nannual rate period beginning on January first, nineteen hundred\\nninety-six an amount which exceeds the costs incurred during such period\\nof furnishing inpatient and ambulatory hospital services, net of medical\\nassistance payments pursuant to title eleven of article five of the\\nsocial services law, other than disproportionate share payments pursuant\\nto subdivision twenty-six of this section, and payments by uninsured\\npatients, by the hospital to individuals who either are eligible for\\nmedical assistance pursuant to title eleven of article five of the\\nsocial services law or have no health insurance or other source of third\\nparty coverage; provided, however, that the commissioner shall make such\\nmodifications to the manner in which the limitation on disproportionate\\nshare payments is applied to such hospitals as shall increase the\\nmaximum limit for a period or part of a period as authorized by federal\\nlaw or regulation or the secretary of the department of health and human\\nservices for purposes of federal financial participation pursuant to\\ntitle XIX of the federal social security act. For purposes of this\\nparagraph, payments to a general hospital for services provided to\\nindigent patients made by the state or a unit of local government within\\nthe state shall not be considered to be a source of third party payment.\\n (ii)(A) Reductions pursuant to this paragraph shall be made in the\\nfollowing sequence for general hospitals other than financially\\ndistressed hospitals: adjustments in accordance with subdivision\\nfourteen-d of this section; and distributions in accordance with\\nsubdivision seventeen of this section.\\n (B) Reductions pursuant to this paragraph shall be made in the\\nfollowing sequence for general hospitals designated as financially\\ndistressed hospitals: distributions in accordance with paragraph (b) of\\nsubdivision fourteen-c of this section; distributions in accordance with\\nparagraphs (c) and (d) of subdivision nineteen of this section; and\\ndistributions in accordance with subdivision seventeen of this section.\\n (iii) In the event a reduction pursuant to subparagraphs (i) and (ii)\\nof this paragraph is effective for distributions in accordance with\\nparagraph (b) of subdivision fourteen-c of this section, paragraph (c)\\nor (d) of subdivision nineteen of this section, subdivision fourteen-d\\nof this section or subdivision seventeen of this section for a general\\nhospital, such general hospital shall receive a supplementary\\ndistribution not as a disproportionate share payment and not subject to\\nfederal financial participation from funds available pursuant to such\\nsubdivisions equal to one-half of such reduction.\\n * NB Effective December 31, 2020\\n * (d)(i) Commencing April first, nineteen hundred ninety-four, no\\ngeneral hospital may be eligible to receive disproportionate share\\npayments determined in accordance with subdivision twenty-six of this\\nsection through December thirty-first, nineteen hundred ninety-six or in\\naccordance with section twenty-eight hundred seven-k of this article for\\nperiods during the period January first, nineteen hundred ninety-seven\\nthrough December thirty-first, nineteen hundred ninety-nine and on and\\nafter January first, two thousand unless the hospital has an inpatient\\nutilization rate for patients eligible for payments pursuant to title\\neleven of article five of the social services law eligible for federal\\nfinancial participation pursuant to title nineteen of the federal social\\nsecurity act of not less than one percent.\\n (ii) In the event a general hospital is disqualified pursuant to\\nsubparagraph (i) of this paragraph from receiving disproportionate share\\npayments for a period, such general hospital shall receive distributions\\nnot as disproportionate share payments and not subject to federal\\nfinancial participation from funds available pursuant to subdivision\\nseventeen of this section for periods through December thirty-first,\\nnineteen hundred ninety-six, and pursuant to section twenty-eight\\nhundred seven-k of this article for periods during the period January\\nfirst, nineteen hundred ninety-seven through December thirty-first,\\nnineteen hundred ninety-nine and on and after January first, two\\nthousand equal to one-half of the distributions for which such general\\nhospital would have been qualified pursuant to subdivision seventeen of\\nthis section for periods through December thirty-first, nineteen hundred\\nninety-six, and pursuant to section twenty-eight hundred seven-k of this\\narticle for periods during the period January first, nineteen hundred\\nninety-seven through December thirty-first, nineteen hundred ninety-nine\\nand on and after January first, two thousand without consideration of\\nsubparagraph (i) of this paragraph.\\n * NB Effective until December 31, 2020\\n * (d)(i) Commencing April first, nineteen hundred ninety-four, no\\ngeneral hospital may be eligible to receive disproportionate share\\npayments determined in accordance with subdivision twenty-six of this\\nsection through December thirty-first, nineteen hundred ninety-six or in\\naccordance with section twenty-eight hundred seven-k of this article for\\nperiods during the period January first, nineteen hundred ninety-seven\\nthrough December thirty-first, nineteen hundred ninety-nine unless the\\nhospital has an inpatient utilization rate for patients eligible for\\npayments pursuant to title eleven of article five of the social services\\nlaw eligible for federal financial participation pursuant to title\\nnineteen of the federal social security act of not less than one\\npercent.\\n (ii) In the event a general hospital is disqualified pursuant to\\nsubparagraph (i) of this paragraph from receiving disproportionate share\\npayments for a period, such general hospital shall receive distributions\\nnot as disproportionate share payments and not subject to federal\\nfinancial participation from funds available pursuant to subdivision\\nseventeen of this section for periods through December thirty-first,\\nnineteen hundred ninety-six, and pursuant to section twenty-eight\\nhundred seven-k of this article for periods during the period January\\nfirst, nineteen hundred ninety-seven through December thirty-first,\\nnineteen hundred ninety-nine equal to one-half of the distributions for\\nwhich such general hospital would have been qualified pursuant to\\nsubdivision seventeen of this section for periods through December\\nthirty-first, nineteen hundred ninety-six, and pursuant to section\\ntwenty-eight hundred seven-k of this article for periods during the\\nperiod January first, nineteen hundred ninety-seven through December\\nthirty-first, nineteen hundred ninety-nine without consideration of\\nsubparagraph (i) of this paragraph.\\n * NB Effective and expires December 31, 2020\\n * (d)(i) Commencing April first, nineteen hundred ninety-four, no\\ngeneral hospital may be eligible to receive disproportionate share\\npayments determined in accordance with subdivision twenty-six of this\\nsection unless the hospital has an inpatient utilization rate for\\npatients eligible for payments pursuant to title eleven of article five\\nof the social services law eligible for federal financial participation\\npursuant to title nineteen of the federal social security act of not\\nless than one percent.\\n (ii) In the event a general hospital is disqualified pursuant to\\nsubparagraph (i) of this paragraph from receiving disproportionate share\\npayments for a period, such general hospital shall receive distributions\\nnot as disproportionate share payments and not subject to federal\\nfinancial participation from funds available pursuant to subdivision\\nseventeen of this section equal to one-half of the distributions for\\nwhich such general hospital would have been qualified pursuant to\\nsubdivision seventeen of this section without consideration of\\nsubparagraph (i) of this paragraph.\\n * NB Effective December 31, 2020\\n * (e) For purposes of calculations pursuant to paragraphs (b) and (c)\\nof this subdivision of maximum disproportionate share payment\\ndistributions for a year or part thereof, costs incurred of furnishing\\nhospital services net of medical assistance payments, other than\\ndisproportionate share payments, and payments by uninsured patients\\nshall be determined initially based on base year data and statistics for\\nthe base year two years immediately preceding the year projected to the\\nyear by the trend factor determined in accordance with subdivision ten\\nof this section and shall be subsequently revised to reflect actual\\nperiod data and statistics. For purposes of calculations pursuant to\\nparagraph (d) of this subdivision of eligibility to receive\\ndisproportionate share payments for a year or part thereof, the hospital\\ninpatient utilization rate shall be determined based on base year\\nstatistics in accordance with a methodology established by the\\ncommissioner, and costs incurred of furnishing hospital services shall\\nbe determined in accordance with a methodology established by the\\ncommissioner consistent with requirements of the secretary of the\\ndepartment of health and human services for purposes of federal\\nfinancial participation pursuant to title XIX of the federal social\\nsecurity act in disproportionate share payments.\\n * NB Effective until December 31, 2020\\n * (e) For purposes of calculations pursuant to paragraphs (b) and (c)\\nof this subdivision of maximum disproportionate share payment\\ndistributions for a rate year or part thereof, costs incurred of\\nfurnishing hospital services net of medical assistance payments, other\\nthan disproportionate share payments, and payments by uninsured patients\\nshall be determined initially based on base year data and statistics for\\nthe base year two years immediately preceding the rate year projected to\\nthe rate year by the trend factor determined in accordance with\\nsubdivision ten of this section and shall be subsequently revised to\\nreflect actual rate period data and statistics. For purposes of\\ncalculations pursuant to paragraph (d) of this subdivision of\\neligibility to receive disproportionate share payments for a rate year\\nor part thereof, the hospital inpatient utilization rate shall be\\ndetermined based on base year statistics in accordance with a\\nmethodology established by the commissioner, and costs incurred of\\nfurnishing hospital services shall be determined in accordance with a\\nmethodology established by the commissioner consistent with requirements\\nof the secretary of the department of health and human services for\\npurposes of federal financial participation pursuant to title XIX of the\\nfederal social security act in disproportionate share payments.\\n * NB Effective December 31, 2020\\n (e-1) For periods on and after January first, two thousand eleven, for\\npurposes of calculations pursuant to paragraphs (b) and (c) of this\\nsubdivision of maximum disproportionate share payment distributions for\\na rate year or part thereof, costs incurred of furnishing hospital\\nservices net of medical assistance payments, other than disproportionate\\nshare payments, and payments by uninsured patients shall for the two\\nthousand eleven calendar year, shall be determined initially based on\\neach hospital's submission of a fully completed two thousand eight\\ndisproportionate share hospital data collection tool, which is required\\nto be submitted to the department by March thirty-first, two thousand\\neleven, and shall be subsequently revised to reflect each hospital's\\nsubmission of a fully completed two thousand nine disproportionate share\\nhospital data collection tool, which is required to be submitted to the\\ndepartment by October first, two thousand eleven.\\n For calendar years on and after two thousand twelve, such initial\\ndeterminations shall reflect submission of data as required by the\\ncommissioner on a specified date. All such initial determinations shall\\nsubsequently be revised to reflect actual rate period data and\\nstatistics. Indigent care payments will be withheld in instances when a\\nhospital has not submitted required information by the due dates\\nprescribed in this paragraph, provided, however, that such payments\\nshall be made upon submission of such required data. For purposes of\\ncalculations pursuant to paragraph (d) of this subdivision of\\neligibility to receive disproportionate share payments for a rate year\\nor part thereof, the hospital inpatient utilization rate shall be\\ndetermined based on the base year statistics in accordance with the\\nmethodology established by the commissioner, and costs incurred of\\nfurnishing hospital services shall be determined in accordance with a\\nmethodology established by the commissioner consistent with requirements\\nof the secretary of the department of health and human services for\\npurposes of federal financial participation pursuant to the title XIX of\\nthe federal social security act in disproportionate share payments.\\n (f) The commissioner may recover any amounts paid in excess of maximum\\npermissible distributions and adjustments determined pursuant to this\\nsubdivision by retroactive adjustment and recoupment from payments made\\nfor beneficiaries eligible for payments pursuant to title eleven of\\narticle five of the social services law.\\n (g) Notwithstanding any inconsistent provision of this subdivision,\\nthe provision of subparagraph (iii) of paragraph (b), subparagraph (iii)\\nof paragraph (c) or subparagraph (ii) of paragraph (d) of this\\nsubdivision shall be of no force and effect and shall be deemed to have\\nbeen null and void as of January first, nineteen hundred ninety-four in\\nthe event the secretary of the department of health and human services\\ndetermines that distributions based on such provisions would render a\\nhealth care related tax on general hospitals an impermissible health\\ncare related tax for purposes of the federal medicaid voluntary\\ncontribution and provider specific tax amendments of nineteen hundred\\nninety-one for purposes of such health care related tax receipts\\nreducing the amount deemed expended by the state as medical assistance\\nfor purposes of federal financial participation.\\n 22. Undistributed funds. Any funds, including income from invested\\nfunds, remaining in the bad debt and charity care and capital statewide\\npool after distributions in accordance with paragraphs (a), (b), (b-1),\\n(c), (d), (e) and (f) of subdivision nineteen of this section shall be\\ndistributed proportionately to voluntary non-profit, private proprietary\\nand public general hospitals, excluding major public general hospitals,\\non the basis of hospital specific assessments submitted to the pool.\\n 23. Reimbursement rates. The assessments pursuant to subdivision\\neighteen of this section shall not be an allowable cost in the\\ndetermination of general hospital inpatient reimbursement rates in\\naccordance with this section and section twenty-eight hundred seven of\\nthis article.\\n 24. Federal financial participation. The council may adopt rules and\\nregulations, subject to the approval of the commissioner, to adjust\\nrates of payment by governmental agencies for general hospital inpatient\\nservices determined in accordance with this section as necessary to meet\\nfederal requirements for securing federal financial participation\\npursuant to title XIX of the federal social security act in the event\\nthe state cannot provide assurances satisfactory to the secretary of\\nhealth and human services related to a comparison of rates of payment in\\nthe aggregate to maximum aggregate payments determined in accordance\\nwith federal law and regulation which are substantially the same as such\\nassurances as in effect on October twenty-sixth, nineteen hundred\\neighty-seven for securing such federal financial participation.\\nNotwithstanding any other law, the state reserves the right to recoup\\nany payments by governmental agencies for general hospital inpatient\\nservices authorized by this section for which federal financial\\nparticipation has been denied in connection with that determination by\\nthe department of health and human services.\\n 25. Medical education expenses. (a) Notwithstanding any inconsistent\\nprovision of this section, to encourage the training of more primary\\ncare physicians, for annual rate periods beginning on or after January\\nfirst, nineteen hundred ninety-two, indirect medical education expenses,\\nas defined in subparagraph (ii) of paragraph (c) of subdivision seven of\\nthis section, of a general hospital included in the determination of the\\noperating cost component of general hospital rates of payment for a rate\\nperiod in accordance with subdivisions six and seven of this section or\\nin accordance with paragraph (e), (g) or (i) of subdivision four of this\\nsection for general hospitals or distinct units of general hospitals not\\nreimbursed on the basis of case based payments per discharge shall be\\nadjusted to reflect the following modifications:\\n (i) the calculation of interns and residents to bed ratios for\\npurposes of determining indirect reimbursement shall include residents\\nin non-hospital ambulatory settings. The sum in total for all general\\nhospitals of the indirect medical education expenses shall equal the sum\\nin total for each general hospital determined as if the provisions of\\nthis section were applied without consideration of residents in\\nnon-hospital ambulatory settings; and\\n (ii) for annual rate periods beginning on or after January first,\\nnineteen hundred ninety-two, residencies shall be weighted to provide\\nhigher weights for primary care and emergency medicine physicians.\\nPrimary care residents specialties shall include family medicine,\\ngeneral pediatrics, primary care internal medicine and primary care\\nobstetrics and gynecology. In determining whether a residency is in\\nprimary care, the commissioner shall consult with the New York state\\ncouncil on graduate medical education and the state hospital review and\\nplanning council. Reimbursable indirect expenses of medical education of\\na general hospital for a rate period shall be weighted based on\\nprojected medical education statistics for such general hospital for\\nsuch rate period, and subsequently reconciled through appropriate audit\\nprocedures to actual statistics by a prospective adjustment to rates of\\npayment. The weighting factors shall be determined based on nineteen\\nhundred ninety data and statistics and shall include residents\\nidentified in subparagraph (i) of this paragraph not previously included\\nin such calculations such that the sum in total for all general\\nhospitals of the results of the weighting factors multiplied by the\\nindirect medical education expenses for each general hospital shall\\nequal, approximately, the sum in total for all general hospitals of the\\nindirect medical education expenses for each general hospital determined\\nas if the provisions of this section were applied without consideration\\nof the weighting factors or residents in non-hospital ambulatory\\nsettings determined pursuant to this subdivision. Residency positions in\\nany specialty shall be weighted to equal no less than nine-tenths of\\nwhat such position would have equaled if reimbursement were to have been\\ncalculated without regard to the weighting factors. If a general\\nhospital is reimbursed by this provision in excess of the amount such\\nhospital would have been reimbursed without regard to the weighting\\nfactors, such general hospital shall apply such additional funds to\\nencourage the training of primary care physicians. The provisions of\\nthis subparagraph shall not apply to those four specialty eye and ear,\\nspecial surgery and orthopedic and joint disease hospitals, specified by\\nthe commissioner, whose primary mission is to engage in research,\\ntraining, and clinical care in the above-named areas.\\n (b) Hospitals shall furnish to the department such reports and\\ninformation as may be required by the commissioner to assess the cost,\\nquality and health system needs for medical education provided.\\n (c) For purposes of determining how such weighting factors have\\nresulted in the increased training of physicians in primary care\\nspecialties, the council on graduate medical education shall prepare a\\nreport on or before March thirty-first, nineteen hundred ninety-five.\\nSuch report shall include, but shall not be limited to: an evaluation of\\nthe effectiveness such weighting factors have had on the number of\\nresidents matched in primary care specialties; the degree to which such\\nweighting factors have impacted general hospitals to redirect their\\nresidency programs toward training primary care physicians; and the\\nimpact such weighting factors have had on graduate medical education\\nwithin general hospitals. Such report shall also include recommendations\\nto the governor and the legislature on the continuation, expiration or\\nmodification of such weighting factors.\\n (d) Notwithstanding any inconsistent provision of this section and\\nsubject to the availability of federal financial participation:\\n (i) For periods on and after April first, two thousand four, the\\ncommissioner shall adjust inpatient medical assistance rates of payment\\nestablished pursuant to this section, including discrete rates of\\npayment calculated pursuant to paragraph a-three of subdivision one of\\nthis section, for non-public general hospitals, and for periods on and\\nafter April first, two thousand seven, for public and non-public general\\nhospitals, in accordance with subparagraph (ii) of this paragraph, for\\npurposes of reimbursing graduate medical education costs based on the\\nfollowing methodology:\\n (ii) Rate adjustments for each general hospital shall be based on the\\ndifference between the graduate medical education component, direct and\\nindirect, of the two thousand three medical assistance inpatient rates\\nof payment, including exempt unit per diem rates, and an estimate of\\nwhat the graduate medical education component, direct and indirect, of\\nsuch medical assistance inpatient rates of payment, including exempt\\nunit per diem rates would be, stated at two thousand three levels and\\ncalculated as follows:\\n (A) Each general hospital's total direct medical education costs as\\nreported in the two thousand one institutional cost report submitted as\\nof December thirty-first, two thousand three, and\\n (B) An estimate of the total indirect medical education costs for two\\nthousand one calculated in accordance with the methodology applicable\\nfor purposes of determining an estimate of indirect medical education\\ncosts pursuant to subparagraph (ii) of paragraph (c) of subdivision\\nseven of this section. The indirect medical education costs shall equal\\nthe product of two thousand one hospital specific inpatient operating\\ncosts, including exempt unit costs, and the indirect teaching cost\\npercentage determined by the following formula:\\n 1-(1/(1+1.89(((1+r)^.405)-1)))\\nwhere r equals the ratio of residents and fellows to beds for two\\nthousand one adjusted to reflect the projected two thousand three\\nresident counts.\\n (C) Each hospital's rate adjustment shall be limited to seventy-five\\npercent of the graduate medical education component included in its two\\nthousand three medical assistance inpatient rates of payment, including\\nexempt unit rates. For periods on and after April first, two thousand\\nseven, the seventy-five percent limit shall not apply to rate decreases\\ncalculated pursuant to this paragraph.\\n (D) For the period April first, two thousand four through March\\nthirty-first, two thousand seven, no hospital shall receive a rate\\nadjustment pursuant to this paragraph if such rate adjustment would be a\\nnegative amount. For periods on and after April first, two thousand\\nseven, no public general hospital shall receive a rate increase\\ncalculated pursuant to this paragraph.\\n (iii) If the aggregate amount of rate adjustments calculated pursuant\\nto this paragraph exceeds the upper payment limit calculated pursuant to\\nfederal regulations, such rate adjustments shall be reduced\\nproportionally by the amount in excess of the federal upper payment\\nlimit. Such reduction, if applicable, shall be calculated on an annual\\nbasis.\\n (iv) Such rate adjustment shall be included as an add-on to medical\\nassistance inpatient rates of payment, excluding exempt unit rates, but\\nincluding inpatient rates of payment established in accordance with\\nparagraph a-three of subdivision one of this section. Such rate add-on\\nshall be based on medical assistance data reported in each hospital's\\nannual cost report submitted for the period two years prior to the rate\\nyear and filed with the department by November first of the year prior\\nto the rate year. Such amounts shall not be reconciled to reflect\\nchanges in medical assistance utilization between the year two years\\nprior to the rate year and the rate year.\\n (e) From amounts available pursuant to paragraph (oo) of subdivision\\none of section twenty-eight hundred seven-v of this article, allocations\\nshall be made to non-public general hospitals receiving a rate\\nadjustment pursuant to paragraph (d) of this subdivision when the rate\\nadjustment pursuant to paragraph (d) of this subdivision results in the\\ngeneral hospital exceeding its applicable disproportionate share payment\\nlimit in the year in which the adjustment is made and the amount of the\\nassociated reduction in the hospital's disproportionate share payments\\nwould result in the hospital receiving less than its total distribution\\namount in that year. A hospital's \"total distribution amount\" shall be\\nthe amount that the hospital would have received pursuant to paragraphs\\n(c) and (d) of subdivision three of section twenty-eight hundred seven-m\\nof this article prior to the effective date of this paragraph. A\\nhospital's eligible loss for purposes of this paragraph shall be the\\namount of the loss in such total distribution amount. Each eligible\\nhospital's allocation of available funds pursuant to this paragraph\\nwithin a year shall be determined based on its proportionate share of\\nthe aggregate eligible losses for all such hospitals, limited by the\\namount of the rate adjustment pursuant to paragraph (d) of this\\nsubdivision.\\n 26. Disproportionate share payments. Distributions to general\\nhospitals from bad debt and charity care regional pools pursuant to\\nsubdivision seventeen of this section, distributions to general\\nhospitals from the bad debt and charity care and capital statewide pool\\npursuant to paragraphs (c) and (d) of subdivision nineteen of this\\nsection, distributions to general hospitals from the bad debt and\\ncharity care for financially distressed hospitals statewide pool\\npursuant to subdivision fourteen-c of this section and the adjustment\\nprovided in accordance with subdivision fourteen-a of this section and\\nthe adjustment provided in accordance with subdivision fourteen-d of\\nthis section shall be considered disproportionate share payments for\\ninpatient hospital services to general hospitals serving a\\ndisproportionate number of low income patients with special needs for\\npurposes of providing assurances to the secretary of health and human\\nservices as necessary to meet federal requirements for securing federal\\nfinancial participation pursuant to title XIX of the federal social\\nsecurity act.\\n 27. Reports. (a) The commissioner of health shall submit a report to\\nthe legislature and the council on health care financing on or before\\nFebruary first, nineteen hundred eighty-eight detailing the objective,\\nimpact, design and computation for an inpatient pricing component. In\\nterms of the design and computation for a pricing system such report\\nshall include but not be limited to: a description and methodology for\\ndeveloping peer groups, identification of costs included in the\\ncalculation of a group average and any adjustments made to such costs,\\nthe methodology developed to reflect outliers, any teaching or\\ndisproportionate share adjustments made, the calculation of wage and\\npower equalization factors, and identification of any adjustments made\\nto the service intensity weights or diagnosis-related group categories.\\nThe commissioner shall explore methodologies for the inclusion of\\nseverity of illness considerations in determining group average costs\\nand rates and shall include all details of his analysis in the report\\nrequired under this subparagraph. If it is determined that a severity of\\nillness adjustment cannot be developed for incorporation in the\\ncomputations, the report filed shall include the specific reasons for\\nthis conclusion. With regard to a fiscal impact analysis such report\\nshall include but not be limited to the impact on major types of general\\nhospitals including rural, urban, teaching, non-teaching, plus a\\nregional analysis; and should indicate any characteristics which can be\\nobserved regarding general hospitals which would be significantly\\nimpacted by the introduction of a pricing component. The commissioner\\nshall expeditiously make available for inspection by interested parties\\npertinent data used in the development of the inpatient pricing\\ncomponent consistent with appropriate department procedures for the\\nrelease and protection of confidential data.\\n (b) The commissioner shall submit a report to the governor and the\\nlegislature on or before February first, nineteen hundred ninety-five\\nregarding the objective, impact, design and implementation of the case\\nbased payment system for inpatient hospital services based on\\ndiagnosis-related groups created pursuant to this section including, in\\nparticular, an analysis of the group price component of case based rates\\nof payment and the appropriateness and effectiveness of the provisions\\nrelating to financing of uncompensated care. The reports shall include\\nbut not be limited to a fiscal impact analysis of the impact of the case\\nbased payment system on major types of general hospitals including\\nrural, urban, teaching and non-teaching, plus a regional analysis. Such\\nreports shall evaluate the impact of the case based payment system on\\ngeneral hospital inpatient medical and clinical care and the quality of\\nhospital services. The reports shall also include recommendations for\\ncontinuation or modification of the case based payment system for\\ninpatient hospital services provided on or after January first, nineteen\\nhundred ninety-six.\\n ** (c) The commissioner shall report to the governor and the\\nlegislature on or before December first, nineteen hundred eighty-eight\\nwith a plan relating to the structure and financing of graduate medical\\neducation. Such plan shall include an evaluation of and recommendations\\nfor graduate medical education with respect to health services delivery\\nand educational goals including but not limited to the following:\\nappropriate supply and distribution of primary care providers by\\ngeographic area; adequate supply and distribution of medical specialists\\naccording to projected population needs; educational opportunities\\nrepresentative of current and future practice settings; the impact of\\nsuch plan on health care delivery in currently underserved and rural\\nareas; and reimbursement changes to effectuate the recommendations\\nincluded in the plan. Such plan shall be developed with substantial\\nparticipation by the department of education, the medical schools,\\nresidency training programs, health systems agencies, health care\\ninstitutions, and physicians.\\n ** NB Inadvertently omitted from 731/93 amendment\\n * 28. Notwithstanding any inconsistent provision of this section:\\n (a) the commissioner may adjust, on a per unit of service basis,\\ngeneral hospital inpatient services rates of payment established\\npursuant to this section as in effect on and before December\\nthirty-first, nineteen hundred ninety-six prospectively as an additional\\nfactor to be paid, including the impact of payment differentials as were\\nin effect pursuant to this section, in addition to, or as a reduction\\nto, any hospital charges or negotiated rate (the adjustment may not be\\nnegotiated by the payor); including, but not limited to, capital related\\ninpatient expenses reconciliation adjustments pursuant to subdivision\\neight of this section, rate adjustments for corrections, appeals and\\nvolume changes pursuant to subdivision nine of this section, rate\\nadjustments to reflect trend factor adjustments pursuant to subdivision\\nten of this section, maximum case mix change adjustments pursuant to\\nparagraph (f) of subdivision eleven of this section, and adjustments\\nbased on audits;\\n (b) the allowances percentages established pursuant to this article in\\neffect for a rate period shall be applied to hospital charges or\\nnegotiated rates plus the prospectively adjusted payment of rates of\\npayment of a general hospital in accordance with paragraph (a) of this\\nsubdivision;\\n (c) no recalculation of the basis for distribution of funds from\\nregional or statewide pools established pursuant to this section shall\\nbe made based on the impact of a prospective adjustment to rates of\\npayment authorized pursuant to this subdivision; and\\n (d) prospective rate adjustments authorized pursuant to this\\nsubdivision for a general hospital based on appeals approved after\\nJanuary first, nineteen hundred ninety-eight shall be included in rates\\nof payment as a one hundred percent facility specific adjustment and\\nshall not affect the calculation of the group category average inpatient\\nreimbursable operating cost per discharge for such retrospective period\\nfor any other general hospital.\\n * NB Expires December 31, 2020\\n * 29. Coinsurance and deductibles. (a) If a general hospital and a\\nthird-party payor agree to a negotiated payment methodology for a period\\non or after January first, nineteen hundred ninety-seven that is based\\non a discount from hospital charges, such discount shall apply to the\\ncalculation of the charge basis for deductible and coinsurance amounts\\nfor such period owed for any patient covered by such third-party payor\\nas the primary payor.\\n (b) If a general hospital and a third-party payor agree to a\\nnegotiated payment methodology for a period on or after January first,\\nnineteen hundred ninety-seven that is not based on a discount from\\nhospital charges, excluding capitation arrangements, the maximum amount\\nto be charged for deductible and coinsurance amounts for such period for\\nany patient covered by such third-party payor as the primary payor shall\\nnot exceed the amount calculated by applying the deductible and\\ncoinsurance amounts to the amount due on the basis of such negotiated\\npayment arrangement.\\n * NB Expires December 31, 2020\\n 30. General hospital recruitment and retention of health care workers.\\nNotwithstanding any inconsistent provision of this section and subject\\nto the availability of federal financial participation:\\n (a) (i) The commissioner shall adjust inpatient medical assistance\\nrates of payment established pursuant to this section for non-public\\ngeneral hospitals in accordance with subparagraph (ii) of this paragraph\\nfor purposes of recruitment and retention of health care workers in the\\nfollowing aggregate amounts for the following periods:\\n (A) ninety-three million two hundred thousand dollars on an annualized\\nbasis for the period April first, two thousand two through December\\nthirty-first, two thousand two; one hundred eighty-seven million eight\\nhundred thousand dollars on an annualized basis for the period January\\nfirst, two thousand three through December thirty-first, two thousand\\nthree; two hundred sixty-two million one hundred thousand dollars on an\\nannualized basis for the period January first, two thousand four through\\nDecember thirty-first, two thousand six; one hundred thirty-one million\\none hundred thousand dollars for the period January first, two thousand\\nseven through June thirtieth, two thousand seven, and two hundred\\nforty-three million five hundred thousand dollars for the period July\\nfirst, two thousand seven through March thirty-first, two thousand\\neight, two hundred forty-three million five hundred thousand dollars for\\nthe period April first, two thousand eight through March thirty-first,\\ntwo thousand nine; one hundred sixty-three million one hundred\\nforty-five thousand dollars for the period April first, two thousand\\nnine through November thirtieth, two thousand nine.\\n (ii) Such increases shall be allocated proportionally based on each\\nnon-public general hospital's reported total gross salary and fringe\\nbenefit costs as reported on exhibit 11 of the 1999 institutional cost\\nreport submitted as of November first, two thousand one to the total of\\nsuch reported costs for all non-public general hospitals, provided,\\nhowever, that for periods on and after July first, two thousand seven,\\nfifty percent of such increases shall be allocated proportionally, based\\non each non-public hospital's reported total gross salary and fringe\\nbenefit costs, as reported on exhibit 11 of the nineteen hundred\\nninety-nine institutional cost report as submitted to the department\\nprior to November first, two thousand one, to the total of such reported\\ncosts for all non-public general hospitals, and fifty percent of such\\nincreases shall be allocated proportionally, based on each such\\nhospital's total reported medicaid inpatient discharges, as reported in\\nthe two thousand four institutional cost report as submitted to the\\ndepartment prior to November first, two thousand six, to the total of\\nsuch reported medicaid inpatient discharges for all non-public general\\nhospitals, as weighted proportionally to reflect the relative medicaid\\ncase mix of each such hospital. These amounts shall be included as a\\nreimbursable cost add-on to medical assistance inpatient rates of\\npayment established pursuant to this section for non-public general\\nhospitals based on medical assistance utilization data in each\\nhospital's annual cost report submitted two years prior to the rate\\nyear. Such amounts shall be reconciled to reflect changes in medical\\nassistance utilization between the year two years prior to the rate year\\nand the rate year based on data reported in each hospital's cost report\\nfor the respective rate year. These amounts shall be included as a\\nreimbursable cost add-on to medical assistance inpatient rates of\\npayment established pursuant to this section for non-public general\\nhospitals based on medical assistance utilization data in each\\nfacility's annual cost report submitted two years prior to the rate\\nyear. For rate adjustments effective May first, two thousand five and\\nthereafter such amounts shall be reconciled to reflect changes in\\nmedical assistance utilization between the year two years prior to the\\nrate year and the rate year based upon data reported in each hospital's\\ninstitutional cost report for the respective rate year.\\n (b) (i) Notwithstanding sections one hundred twelve and one hundred\\nsixty-three of the state finance law and any other inconsistent\\nprovision of law, the commissioner shall make grants to public general\\nhospitals without a competitive bid or request for proposal process for\\npurposes of recruitment and retention of health care workers in the\\nfollowing aggregate amounts for the following periods:\\n (A) eighteen million five hundred thousand dollars on an annualized\\nbasis for the period April first, two thousand two through December\\nthirty-first, two thousand two; thirty-seven million four hundred\\nthousand dollars on an annualized basis for the period January first,\\ntwo thousand three through December thirty-first, two thousand three;\\nfifty-two million two hundred thousand dollars on an annualized basis\\nfor the period January first, two thousand four through December\\nthirty-first, two thousand six; twenty-six million one hundred thousand\\ndollars for the period January first, two thousand seven through June\\nthirtieth, two thousand seven, forty-nine million dollars for the period\\nJuly first, two thousand seven through March thirty-first, two thousand\\neight, and forty-nine million dollars for the period April first, two\\nthousand eight through March thirty-first, two thousand nine.\\n (ii) Such grants shall be allocated proportionally based on each\\npublic general hospital's reported total gross salary and fringe benefit\\ncosts as reported on exhibit 11 of the 1999 institutional cost report\\nsubmitted as of November first, two thousand one to the total of such\\nreported costs for all public general hospitals.\\n (c) From amounts available pursuant to paragraph (gg) of subdivision\\none of section twenty-eight hundred seven-v of this article, allocations\\nshall be made to non-public general hospitals whose allocated labor\\nadjustments pursuant to paragraphs (a) and (e) of this subdivision and\\nadjustment pursuant to subdivision thirty-two of this section results in\\nthe general hospital exceeding its applicable disproportionate share\\npayment limit. Each such hospital's allocation of available funds\\npursuant to this paragraph within a year shall be determined based on\\nits proportionate share of the aggregate reduction of federal\\ndisproportionate share funding for all such hospitals for the year\\nresulting from the allocated labor adjustments pursuant to paragraphs\\n(a) and (e) of this subdivision and from the adjustment pursuant to\\nsubdivision thirty-two of this section.\\n (d) General hospitals which have their rates adjusted or receive\\ngrants pursuant to paragraphs (a) and (b) of this subdivision,\\nrespectively, shall use such funds for the purpose of recruitment and\\nretention of non-supervisory workers at health care facilities or any\\nworker with direct patient care responsibility and are prohibited from\\nusing such funds for any other purpose. Funds under this subdivision are\\nnot intended to supplant support provided by a local government. Each\\nsuch general hospital shall submit, at a time and in a manner to be\\ndetermined by the commissioner, a written certification attesting that\\nsuch funds will be used solely for the purpose of recruitment and\\nretention of non-supervisory workers at health care facilities or any\\nworker with direct patient care responsibility. The commissioner is\\nauthorized to audit each general hospital to ensure compliance with the\\nwritten certification required by this paragraph and shall recoup any\\nfunds determined to have been used for purposes other than recruitment\\nand retention of non-supervisory workers at health care facilities or\\nany worker with direct patient care responsibility. Such recoupment\\nshall be in addition to applicable penalties under sections twelve and\\ntwelve-b of this chapter.\\n (e)(i) The commissioner shall adjust inpatient medical assistance\\nrates of payment established pursuant to this section for general\\nhospitals in accordance with subparagraph (ii) of this paragraph and\\nshall establish discrete rates of payment for such hospitals in\\naccordance with subparagraph (iii) of this paragraph, for purposes of\\nadditional support of recruitment and retention of health care workers\\nin the following aggregate amounts for the following periods:\\n (A) one hundred twenty-one million dollars for the period May first,\\ntwo thousand five through December thirty-first, two thousand five and\\none hundred twenty-one million dollars for the period January first, two\\nthousand six through December thirty-first, two thousand six.\\n (ii) Such increases shall be allocated proportionally based on each\\ngeneral hospital's reported gross salary and fringe benefit costs as\\nreported on exhibit 11 of the 1999 institutional cost report submitted\\nas of November first, two thousand one to the total of such reported\\ncosts for all general hospitals. These amounts shall be included as a\\nreimbursable cost add-on to medical assistance inpatient rates of\\npayment established pursuant to this section for general hospitals based\\non medical assistance utilization data in each facility's annual cost\\nreport submitted two years prior to the rate year. Such amounts shall be\\nreconciled to reflect changes in medical assistance utilization between\\nthe year two years prior to the rate year and the rate year based upon\\ndata reported in each hospital's institutional cost report for the\\nrespective rate year.\\n (iii) The commissioner shall establish, subject to the approval of the\\ndirector of the budget, discrete rates of payment for general hospitals\\nfor payments under the medical assistance program pursuant to titles\\neleven and eleven-D of article five of the social services law for\\npersons eligible for medical assistance and family health plus who are\\nenrolled in health maintenance organizations based on the calculation\\nset forth in subparagraph (ii) of this paragraph for such general\\nhospitals. If discrete rates of payment under this subparagraph are not\\nestablished, the commissioner shall adjust the calculation established\\npursuant to subparagraph (ii) of this paragraph to account for medical\\nassistance utilization described under this subparagraph for such\\nnon-public general hospital.\\n (iv) Payment of the non-federal share of the medical assistance\\npayments made pursuant to this paragraph shall be the responsibility of\\nthe state and shall not include a local share. Payments made pursuant to\\nthis paragraph or pursuant to paragraph (a) of this subdivision may be\\nadded to rates of payment or made as aggregate payments to eligible\\ngeneral hospitals.\\n (f) In the event that a hospital entitled to an adjustment pursuant to\\nparagraph (a) or (e) of this subdivision closes or otherwise experiences\\na change in status that eliminates its ability to continue to receive\\nsuch adjustments, the commissioner shall allocate the amount determined\\nunder subparagraph (ii) of paragraph (a) and subparagraph (ii) of\\nparagraph (e) of this subdivision for such hospital to hospitals in the\\nimmediate region of the closing hospital based upon the remaining\\nhospitals' reported gross salary and fringe benefit costs as reported on\\nexhibit eleven of the two thousand four institutional cost report\\nsubmitted as of November first, two thousand five to the total of such\\nreported costs for all general hospitals in the region, provided,\\nhowever, that for periods on and after July first, two thousand seven,\\nsuch allocations shall be based on such remaining hospitals' reported\\nmedicaid inpatient discharges, as reported in the two thousand four\\ninstitutional cost report submitted to the department prior to November\\nfirst, two thousand six, to the total of such reported medicaid\\ninpatient discharges for all such remaining hospitals. The commissioner\\nshall define the immediate region as the county or counties within which\\nworkers displaced from the closing hospital are likely to seek\\nre-employment.\\n 31. Supplemental general hospital recruitment and retention\\nadjustment. (a) Notwithstanding any law, rule or regulation to the\\ncontrary, the commissioner shall, within amounts appropriated, and\\ncontingent on the availability of federal financial participation, make\\nMedicaid rate adjustments for non-public general hospitals to address\\nextraordinary costs associated with recruitment and retention of\\nnon-supervisory workers at health care facilities or any worker with\\ndirect patient care responsibility at such general hospitals. Eligible\\nhospitals shall be selected by the commissioner pursuant to a\\ncompetitive process. Requests for proposals for eligible projects shall\\nbe issued by the commissioner.\\n (b) Such eligible projects may include:\\n (i) an increase in non-supervisory staff, either facility wide or\\ntargeted at a particular area of care or shift;\\n (ii) increased training and education of non-supervisory staff,\\nincluding allowing non-supervisory staff to increase their level of\\nlicensure relevant to general hospital care;\\n (iii) efforts to decrease staff turn-over; and\\n (iv) other efforts related to the recruitment and retention of\\nnon-supervisory staff or any worker with direct patient care\\nresponsibility that will affect the quality of care at such facility.\\n (c) The commissioner shall consider, in selecting eligible projects,\\nthe likelihood that such project will provide needed resources to meet\\nlegal commitments for increased labor costs, the financial need of the\\nfacility, the existence of a shortage of qualified hospital workers in\\nthe geographic area in which the facility is located, the existence of\\nhigh employee turn-over at the facility and such other matters as the\\ncommissioner deems appropriate.\\n (d) In implementing rate adjustments authorized under this\\nsubdivision, the commissioner shall establish, subject to the approval\\nof the director of the budget, discrete rates of payment for non-public\\ngeneral hospitals for payments under the medical assistance program\\npursuant to titles eleven and eleven-D of article five of the social\\nservices law for persons eligible for medical assistance and family\\nhealth plus who are enrolled in health maintenance organizations.\\n (e) Adjustments to Medicaid rates of payment made pursuant to this\\nsection shall not be subject to subsequent adjustment or reconciliation.\\n (f) Adjustments to Medicaid rates of payment made pursuant to this\\nsection shall not, in aggregate, exceed fifteen million dollars for the\\nperiod beginning April first, two thousand two and ending December\\nthirty-first, two thousand two and, on an annualized basis, for each\\nannual period thereafter beginning January first, two thousand three and\\nending December thirty-first, two thousand six, and shall not, in\\naggregate, exceed seven million five hundred thousand dollars for the\\nperiod January first, two thousand seven through June thirtieth, two\\nthousand seven.\\n 32. Rural hospital supplemental rate adjustment. Notwithstanding any\\ninconsistent provision of this section:\\n (a) The commissioner shall adjust inpatient medical assistance rates\\nof payment established pursuant to this section for rural hospitals as\\ndefined in paragraph (c) of subdivision one of section twenty-eight\\nhundred seven-w of this article in accordance with paragraph (b) of this\\nsubdivision for purposes of supporting critically needed health care\\nservices in rural areas in the following aggregate amounts for the\\nfollowing periods:\\n seven million dollars for the period May first, two thousand five\\nthrough December thirty-first, two thousand five, seven million dollars\\nfor the period January first, two thousand six through December\\nthirty-first, two thousand six, seven million dollars for the period\\nApril first, two thousand seven through December thirty-first, two\\nthousand seven, seven million dollars for calendar year two thousand\\neight, and six million four hundred seventeen thousand dollars for the\\nperiod January first, two thousand nine through November thirtieth, two\\nthousand nine.\\n (b) Such increases shall be allocated proportionately based on each\\nsuch rural hospital's total reported medicaid inpatient discharges as\\nreported in the two thousand two institutional cost report to the total\\nof such discharges for all rural hospitals. These amounts shall be\\nincluded as a reimbursable cost add-on to medical assistance inpatient\\nrates of payment established pursuant to this section for rural\\nhospitals based on medical assistance utilization data in each\\nfacility's annual cost report submitted two years prior to the rate\\nyear. Such amounts shall be reconciled to reflect changes in medical\\nassistance utilization between the year two years prior to the rate year\\nand the rate year based upon data reported in each hospital's\\ninstitutional cost report for the respective rate year.\\n (c) Payment of the non-federal share of the medical assistance\\npayments made pursuant to this subdivision shall be the responsibility\\nof the state and shall not include a local share. Payments made pursuant\\nto this subdivision may be added to rates of payment or made as\\naggregate payments to eligible general hospitals.\\n 33. Notwithstanding any provision of law which is inconsistent with or\\ncontrary to the structure established by this subdivision and\\nsubdivision two-a of section twenty-eight hundred seven of this article\\nin order to transition from nineteen hundred eighty-one base year costs\\nto two thousand five base year costs by no later than December\\nthirty-first, two thousand twelve, and subject to the availability of\\nfederal financial participation, medicaid per diem and per discharge\\nrates of payment for general hospital inpatient services for discharges\\nand days occurring on and after December first, two thousand eight,\\nshall be computed in accordance with the following:\\n (a)(i) for the period December first, two thousand eight through March\\nthirty-first, two thousand nine, such rates shall be subject to a\\nuniform transition adjustment which shall be based on each general\\nhospital's proportional share of projected medicaid reimbursable\\ninpatient operating costs and result in an aggregate reduction in such\\nrates equal to fifty-one million five hundred thousand dollars, as\\ndetermined by the commissioner, provided, however, that such transition\\nadjustment shall not apply to rates computed pursuant to paragraph (1)\\nof subdivision four of this section; and\\n (ii) for the period April first, two thousand nine through March\\nthirty-first, two thousand ten, such rates shall be revised pursuant to\\na chapter of the laws of two thousand nine and as reflecting the\\nfindings and recommendations of the commissioner as issued pursuant to\\nthe provisions of paragraph (b) of this subdivision, provided, however,\\nthat such revisions shall reflect an aggregate reduction in such rates\\nof no less than one hundred fifty-four million five hundred thousand\\ndollars, provided further, however, that, notwithstanding any contrary\\nprovision of law, as determined by the commissioner, to the extent that\\na chapter of the laws of two thousand nine is not enacted resulting in\\nsuch an aggregate annual reduction of no less than one hundred\\nfifty-four million five hundred thousand dollars in such rates, the\\ncommissioner shall implement a uniform reduction of such rates in\\naccordance with the methodology described in subparagraph (i) of this\\nparagraph to the extent necessary, as determined by the commissioner, to\\nachieve such an aggregate reduction in such rates for the state fiscal\\nyear beginning April first, two thousand nine and each state fiscal year\\nthereafter; and\\n (iii) for the periods April first, two thousand ten through March\\nthirty-first, two thousand twelve, rates shall reflect prior year rate\\nreductions and such additional reductions as are required to establish\\nrates based on two thousand five reported allowable Medicaid costs\\npursuant to a chapter of the laws of two thousand ten.\\n (b) In consultation with the chairs of the senate and assembly health\\ncommittees, the commissioner shall, by no later than July first, two\\nthousand eight, establish a technical advisory committee for the\\npurposes of examining data and evaluating rate-setting methodological\\nissues, including the impact on hospitals of different methodologies in\\npreparation for the phased transition to the utilization of reported\\nallowable two thousand five operating costs for the purpose of setting\\ninpatient rates of payment for periods on and after April first, two\\nthousand nine, which phased transition shall be authorized in accordance\\nwith a chapter of the laws of two thousand nine. The technical advisory\\ncommittee shall consist of three representatives of hospital\\nassociations, two representatives of the health care industry and three\\nrepresentatives of community providers and consumers as determined by\\nthe commissioner. By no later than August first, two thousand eight, the\\ncommissioner shall make available to the technical advisory committee\\nupdated data and documentation relevant to the projected phased\\ntransition to utilization of reported allowable two thousand five\\noperating costs for rate-setting purposes. The issues to be examined by\\nthe technical advisory committee shall include, but not be limited to,\\nhospital re-basing, workforce recruitment and retention funding,\\ngraduate medical education funding, peer group pricing, wage\\nequalization factors, case mix and such other related elements of the\\ngeneral hospital inpatient reimbursement system as deemed appropriate by\\nthe commissioner. The technical advisory committee shall also examine\\nthe scope and volume of hospital out-patient services. By no later than\\nNovember first, two thousand eight the commissioner shall issue a report\\nsetting forth findings and recommendations, including divergent views of\\nmembers of the technical advisory committee members concerning the\\nmatters examined by the technical advisory committee and the projected\\nphased transition to utilization of two thousand five base year reported\\nallowable operating costs for inpatient rates of payments on and after\\nApril first, two thousand nine.\\n (c) Paragraph (a) of this subdivision shall be effective the later of:\\n(i) December first, two thousand eight; (ii) after the commissioner\\nreceives final approval of federal financial participation in payments\\nmade for beneficiaries eligible for medical assistance under title XIX\\nof the federal social security act for the rate methodology established\\npursuant to subdivision two-a of section twenty-eight hundred seven of\\nthis article; or (iii) after the commissioner determines that the\\ndepartment of health has the capability, for payments made pursuant to\\nsubdivision two-a of section twenty-eight hundred seven of this article,\\nto electronically receive and process claims and transmit payments with\\nremittance statements. Prior to the commissioner making such a\\ndetermination, the department shall provide training sessions on the\\nrate methodology and billing requirements for services pursuant to\\nsubdivision two-a of section twenty-eight hundred seven of this article\\nand opportunity for hospitals to perform end-to-end testing on claims\\nsubmission, processing and payment.\\n 34. Enhanced safety net hospital program. (a) For the purposes of this\\nsubdivision, \"enhanced safety net hospital\" shall mean a hospital which:\\n (i) in any of the previous three calendar years, has met the following\\ncriteria:\\n (A) not less than fifty percent of the patients it treats receive\\nmedicaid or are medically uninsured;\\n (B) not less than forty percent of its inpatient discharges are\\ncovered by medicaid;\\n (C) twenty-five percent or less of its discharged patients are\\ncommercially insured;\\n (D) not less than three percent of the patients it provides services\\nto are attributed to the care of uninsured patients; and\\n (E) provides care to uninsured patients in its emergency room,\\nhospital based clinics and community based clinics, including the\\nprovision of important community services, such as dental care and\\nprenatal care;\\n (ii) is a public hospital operated by a county, municipality, public\\nbenefit corporation or the state university of New York;\\n (iii) is federally designated as a critical access hospital; or\\n (iv) is federally designated as a sole community hospital.\\n (b) Within amounts appropriated, the commissioner shall adjust medical\\nassistance rates to enhanced safety net hospitals for the purposes of\\nsupporting critically needed health care services and to ensure the\\ncontinued maintenance and operation of such hospitals.\\n (c) Payments made pursuant to this subdivision may be added to rates\\nof payment or made as aggregate payments to eligible general hospitals.\\n 35. Notwithstanding any inconsistent provision of this section, or any\\nother contrary provision of law and subject to the availability of\\nfederal financial participation, rates of payment by governmental\\nagencies for general hospital inpatient services with regard to\\ndischarges occurring on and after December first, two thousand nine\\nshall be in accordance with the following:\\n (a) For periods on and after December first, two thousand nine the\\noperating cost component of such rates of payments shall reflect the use\\nof two thousand five operating costs as reported by each facility to the\\ndepartment prior to July first, two thousand nine and as otherwise\\ncomputed in accordance with the provisions of this subdivision;\\n (b) The commissioner shall promulgate regulations, and may promulgate\\nemergency regulations, establishing methodologies for the computation of\\ngeneral hospital inpatient rates and such regulations shall include, but\\nnot be limited to, the following:\\n (i) The computation of a case-mix neutral statewide base price,\\napplicable to each rate period, but excluding adjustments for graduate\\nmedical education costs, high cost outlier costs, costs related to\\npatient transfers, and other non-comparable costs as determined by the\\ncommissioner, such statewide base prices may be periodically adjusted to\\nreflect changes in provider coding patterns and case-mix and such other\\nfactors as may be determined by the commissioner;\\n (ii) Only those two thousand five base year costs which relate to the\\ncost of services provided to Medicaid inpatients, as determined by the\\napplicable ratio of costs to charges methodology, shall be utilized for\\nrate-setting purposes, provided, however, that the commissioner may\\nutilize updated Medicaid inpatient related base year costs and\\nstatistics as necessary to adjust inpatient rates in accordance with\\nclause (C) of subparagraph (x) of this paragraph;\\n (iii) Such rates shall reflect the application of hospital specific\\nwage equalization factors reflecting differences in wage rates;\\n (iv) Such rates shall reflect the utilization of the all patient\\nrefined (APR) case mix methodology, utilizing diagnostic related groups\\nwith assigned weights that incorporate differing levels of severity of\\npatient condition and the associated risk of mortality, and as may be\\nperiodically updated by the commissioner;\\n (v) such regulations shall incorporate quality related measures,\\nincluding, but not limited to, potentially preventable re-admissions\\n(PPRs) and provide for rate adjustments or payment disallowances related\\nto PPRs and other potentially preventable negative outcomes (PPNOs),\\nwhich shall be calculated in accordance with methodologies as determined\\nby the commissioner, provided, however, that such methodologies shall be\\nbased on a comparison of the actual and risk adjusted expected number of\\nPPRs and other PPNOs in a given hospital and with benchmarks established\\nby the commissioner and provided further that such rate adjustments or\\npayment disallowances shall result in an aggregate reduction in Medicaid\\npayments of no less than thirty-five million dollars for the period July\\nfirst, two thousand ten through March thirty-first, two thousand eleven\\nand no less than fifty-one million dollars for annual periods beginning\\nApril first, two thousand eleven through March thirty-first, two\\nthousand fifteen, provided further that such aggregate reductions shall\\nbe offset by Medicaid payment reductions occurring as a result of\\ndecreased PPRs during the period July first, two thousand ten through\\nMarch thirty-first, two thousand eleven and the period April first, two\\nthousand eleven through March thirty-first, two thousand fifteen and as\\na result of decreased PPNOs during the period April first, two thousand\\neleven through March thirty-first, two thousand fifteen; and provided\\nfurther that for the period July first, two thousand ten through March\\nthirty-first, two thousand fifteen, such rate adjustments or payment\\ndisallowances shall not apply to behavioral health PPRs; or to\\nreadmissions that occur on or after fifteen days following an initial\\nadmission. By no later than July first, two thousand eleven the\\ncommissioner shall enter into consultations with representatives of the\\nhealth care facilities subject to this section regarding potential\\nprospective revisions to applicable methodologies and benchmarks set\\nforth in regulations issued pursuant to this subparagraph;\\n (vi) Such regulations shall address adjustments based on the costs of\\nhigh cost outlier patients;\\n (vii) Such rates shall continue to reflect trend factor adjustments as\\notherwise provided in paragraph (c) of subdivision ten of this section;\\n (viii) Such rates shall not include any adjustments pursuant to\\nsubdivision nine of this section;\\n (ix) Rates for non-public, not for profit general hospitals which have\\nnot, as of the effective date of this subdivision, published an\\nancillary charges schedule as provided in paragraph (j) of subdivision\\none of section twenty-eight hundred three of this article shall have\\ntheir inlier payments increased by an amount equal to the average of\\ncost outlier payments for comparable hospitals or by a methodology that\\nuses a statewide or regional ratio of cost to charges applied to\\nstatewide or regional comparable charges for those cases determined by\\nthe commissioner;\\n (x) Such regulations shall provide for administrative rate appeals,\\nbut only with regard to: (A) the correction of computational errors or\\nomissions of data, including with regard to the hospital specific\\ncomputations pertaining to graduate medical education, wage equalization\\nfactor adjustments, (B) capital cost reimbursement, and, (C) changes to\\nthe base year statistics and costs used to determine the direct and\\nindirect graduate medical education components of the rates as a result\\nof new teaching programs at new teaching hospitals and/or as a result of\\nresidents displaced and transferred as a result of teaching hospital\\nclosures;\\n (xi) Rates for teaching general hospitals shall include reimbursement\\nfor direct and indirect graduate medical education as defined and\\ncalculated pursuant to such regulations. In addition, such regulations\\nshall specify the reports and information required by the commissioner\\nto assess the cost, quality and health system needs for medical\\neducation provided;\\n (xii) Such regulations may incorporate quality related measures\\npertaining to the inappropriate use of certain medical procedures,\\nincluding, but not limited to, cesarean deliveries, coronary artery\\nbypass grafts and percutaneous coronary interventions;\\n (xiii) Such regulations may impose a fee on general hospital\\nsufficient to cover the costs of auditing the institutional cost reports\\nsubmitted by general hospitals, which shall be deposited in the Health\\nCare Reform Act (HCRA) resources account.\\n (c) The base period reported costs and statistics used for\\nrate-setting for operating cost components, including the weights\\nassigned to diagnostic related groups, shall be updated no less\\nfrequently than every four years and the new base period shall be no\\nmore than four years prior to the first applicable rate period that\\nutilizes such new base period provided, however, that the first updated\\nbase period shall begin on or after April first, two thousand fourteen,\\nbut no later than July first, two thousand fourteen.\\n (d) Capital cost reimbursement for general hospitals otherwise subject\\nto the provisions of this subdivision shall remain subject to the\\nprovisions of subdivision eight of this section.\\n (e) The provisions of this subdivision shall not apply to those\\ngeneral hospitals or distinct units of general hospitals whose inpatient\\nreimbursement does not, as of November thirtieth, two thousand nine,\\nreflect case based payment per diagnosis-related group or whose\\ninpatient reimbursement is, for periods on and after July first, two\\nthousand nine, governed by the provisions of paragraphs (e-1) or (e-2)\\nof subdivision four of this section.\\n (f) Notwithstanding section one hundred twelve or one hundred\\nsixty-three of the state finance law or any other law, rule or\\nregulation to the contrary, the commissioner may contract with a vendor\\nfor consideration to develop the specifications for the\\ndiagnosis-related groups methodology as provided for in regulations\\npromulgated pursuant to paragraph (b) of this subdivision if the\\ncommissioner certifies to the comptroller that such contract is in the\\nbest interest of the health of the people of the state. Notwithstanding\\nthat such specifications shall be available pursuant to article six of\\nthe public officers law, such contract may provide that the\\nspecifications for such adjusted or additional diagnosis-related groups\\nprovided by the vendor shall be subject to copyright protection pursuant\\nto federal copyright law.\\n (g) Notwithstanding any inconsistent provision of this subdivision or\\nany other contrary provision of law, the commissioner may, for rate\\nperiods on and after December first, two thousand nine and subject to\\nthe availability of federal financial participation, make additional\\nadjustments to the inpatient rates of payment of eligible general\\nhospitals, to facilitate improvements in hospital operations and\\nfinances, in accordance with the following:\\n (i) General hospitals eligible for distributions pursuant to this\\nparagraph shall be those non public hospitals with Medicaid discharges\\nequal to or greater than seventeen and one-half percent for two thousand\\nseven.\\n (ii) Funds distributed pursuant to this paragraph shall be allocated\\nto eligible hospitals pursuant to a formula such that, to the extent of\\nfunds available, no hospital's reduction in Medicaid inpatient revenue\\nas a result of the application of the provisions of paragraphs (a) and\\n(b) of this subdivision exceeds a percentage reduction as determined by\\nthe commissioner.\\n (iii) Funding pursuant to this paragraph shall be available for the\\nfollowing periods and in the following amounts:\\n (A) for the period December first, two thousand nine through March\\nthirty-first, two thousand ten, up to thirty-three million five hundred\\nthousand dollars;\\n (B) for the period April first, two thousand ten through March\\nthirty-first, two thousand eleven, up to seventy-five million dollars,\\nprovided, however, that, notwithstanding subparagraph (ii) of this\\nparagraph, no facility shall receive an amount pursuant to this clause\\nthat is less than such facility received pursuant to clause (A) of this\\nsubparagraph;\\n (C) for the period April first, two thousand eleven through March\\nthirty-first, two thousand twelve, up to fifty million dollars;\\n (D) for the period April first, two thousand twelve through March\\nthirty-first, two thousand thirteen, up to twenty-five million dollars.\\n (iv) Payments made pursuant to this paragraph shall be added to rates\\nof payments and not be subject to retroactive adjustment or\\nreconciliation.\\n (v) Each hospital receiving funds pursuant to this paragraph shall, as\\na condition for eligibility for such funds, adopt a resolution of the\\nboard of directors of each such hospital setting forth its current\\nfinancial condition and a plan for reforming and improving such\\nfinancial condition, including ongoing board oversight, and shall, after\\ntwo years, issue a report as adopted by each such board of directors\\nsetting forth what progress has been achieved regarding such\\nimprovement, provided, however, if such report is not issued and adopted\\nby each such board of directors, or if such report fails to set forth\\nadequate progress, as determined by the commissioner, the commissioner\\nmay deem such facility ineligible for further distributions pursuant to\\nthis paragraph and may redistribute such further distributions to other\\neligible facilities in accordance with the provisions of this paragraph.\\nThe commissioner shall be provided with copies of all such resolutions\\nand reports.\\n (h) Inpatient rate adjustments made pursuant to paragraphs (a) through\\n(f) of this subdivision after application of adjustments authorized\\npursuant to subdivision thirty-three of this section shall result in a\\nnet statewide decrease in aggregate Medicaid payments of no less than\\nseventy-five million dollars for the period December first, two thousand\\nnine through March thirty-first, two thousand ten, and no less than two\\nhundred twenty-five million dollars for the period April first, two\\nthousand ten through March thirty-first, two thousand eleven and each\\nstate fiscal year thereafter, provided, however, that such reductions\\nshall be in addition to the reductions required pursuant to subparagraph\\n(ii) of paragraph (a) of subdivision thirty-three of this section.\\n (i) (i) Notwithstanding any inconsistent provision of this subdivision\\nor any other contrary provision of law and subject to the availability\\nof federal financial participation, for the period July first, two\\nthousand ten through March thirty-first, two thousand eleven, and each\\nstate fiscal year period thereafter, the commissioner shall make\\nadditional inpatient hospital payments up to the aggregate upper payment\\nlimit for inpatient hospital services after all other medical assistance\\npayments, but not to exceed two hundred thirty-five million five hundred\\nthousand dollars for the period July first, two thousand ten through\\nMarch thirty-first, two thousand eleven, three hundred fourteen million\\ndollars for each state fiscal year beginning April first, two thousand\\neleven, through March thirty-first, two thousand thirteen, and no less\\nthan three hundred thirty-nine million dollars for each state fiscal\\nyear thereafter, to general hospitals, other than major public general\\nhospitals, providing emergency room services and including safety net\\nhospitals, which shall, for the purpose of this paragraph, be defined as\\nhaving either: a Medicaid share of total inpatient hospital discharges\\nof at least thirty-five percent, including both fee-for-service and\\nmanaged care discharges for acute and exempt services; or a Medicaid\\nshare of total discharges of at least thirty percent, including both\\nfee-for-service and managed care discharges for acute and exempt\\nservices, and also providing obstetrical services. Eligibility to\\nreceive such additional payments shall be based on data from the period\\ntwo years prior to the rate year, as reported on the institutional cost\\nreport submitted to the department as of October first of the prior rate\\nyear. Such payments shall be made as medical assistance payments for\\nfee-for-service inpatient hospital services pursuant to title eleven of\\narticle five of the social services law for patients eligible for\\nfederal financial participation under title XIX of the federal social\\nsecurity act and in accordance with the following:\\n (A) Thirty percent of such payments shall be allocated to safety net\\nhospitals based on each eligible hospital's proportionate share of all\\neligible safety net hospitals' Medicaid discharges for inpatient\\nhospital services, including both Medicaid fee-for-service and managed\\ncare discharges for acute and exempt services, based on data from the\\nperiod two years prior to the rate year, as reported on the\\ninstitutional cost report submitted to the department as of October\\nfirst of the prior rate year;\\n (B) Seventy percent of such payments shall be allocated to eligible\\ngeneral hospitals based on each such hospital's proportionate share of\\nall eligible hospitals' Medicaid discharges for inpatient hospital\\nservices, including both Medicaid fee-for-service and managed care\\ndischarges for acute and exempt services, based on data from the period\\ntwo years prior to the rate year, as reported on the institutional cost\\nreport submitted to the department as of October first of the prior rate\\nyear;\\n (C) No eligible general hospital's annual payment amount pursuant to\\nthis paragraph shall exceed the lower of the sum of the annual amounts\\ndue that hospital pursuant to section twenty-eight hundred seven-k and\\nsection twenty-eight hundred seven-w of this article; or the hospital's\\nfacility specific projected disproportionate share hospital payment\\nceiling established pursuant to federal law, provided, however, that\\npayment amounts to eligible hospitals pursuant to clauses (A) and (B) of\\nthis subparagraph in excess of the lower of such sum or payment ceiling\\nshall be reallocated to eligible hospitals that do not have excess\\npayment amounts. Such reallocations shall be proportional to each such\\nhospital's aggregate payment amount pursuant to clauses (A) and (B) of\\nthis subparagraph to the total of all payment amounts for such eligible\\nhospitals;\\n (D) Subject to the availability of federal financial participation,\\nthe payment methodology set forth in this subparagraph may be further\\nrevised by the commissioner on an annual basis pursuant to regulations\\nissued pursuant to this subdivision for periods on and after April\\nfirst, two thousand eleven; and\\n (E) Subject to the availability of federal financial participation and\\nin conformance with all applicable federal statutes and regulations,\\nsuch payments shall be made as upper payment limit payments and,\\nfurther, such payments shall be made as aggregate monthly payments to\\neligible general hospitals.\\n (ii) In the event that the commissioner determines that federal\\nfinancial participation will not be available for aggregate payments\\nmade in accordance with clause (E) of subparagraph (i) of this\\nparagraph, payments pursuant to this paragraph shall be included as rate\\nadd-ons to medical assistance inpatient rates of payment established\\npursuant to this subdivision based on data from the period two years\\nprior to the rate year, as reported on the institutional cost report\\nsubmitted to the department as of October first of the prior rate year,\\nprovided, however, that if such payments are made as rate add-ons, the\\ncommissioner shall establish a procedure to reconcile payment amounts to\\nreflect changes in medical assistance utilization from the period two\\nyears prior to the rate year and the actual rate year based on data as\\nreported on each hospital's annual institutional cost report for the\\nrespective rate year, as submitted to the department as of October first\\nof the year following the rate year.\\n (iii) Notwithstanding any other law, rule or regulation to the\\ncontrary, projections of each general hospital's disproportionate share\\nlimitations as computed by the commissioner pursuant to applicable\\nregulations shall be adjusted to reflect any additional revenue received\\nor anticipated to be received by each such general hospital pursuant to\\nthis paragraph.\\n (j) Notwithstanding any contrary provision of law, with regard to\\ninpatient and outpatient Medicaid rates of payment for general hospital\\nservices, the commissioner may make such adjustments to such rates and\\nto the methodology for computing such rates as is necessary to achieve\\nno aggregate, net increase or decrease in overall Medicaid expenditures\\nrelated to the implementation of the International Classification of\\nDiseases Version 10 (ICD-10) coding system on or about October first,\\ntwo thousand fourteen, as compared to such aggregate expenditures from\\nthe twelve-month period immediately prior to such implementation.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2807-D", "title" : "Hospital assessments", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-05-01", "2017-04-28", "2018-05-25", "2019-04-19", "2019-12-20", "2021-04-23", "2023-05-12", "2023-06-23", "2025-05-16" ], "docLevelId" : "2807-D", "activeDate" : "2019-04-19", "sequenceNo" : 1053, "repealedDate" : null, "fromSection" : "2807-D", "toSection" : "2807-D", "text" : " § 2807-d. Hospital assessments. 1. (a) Hospitals, as defined in this\\narticle, excluding hospitals specified in paragraph (b) of this\\nsubdivision, are charged assessments on their gross receipts received\\nfrom all patient care services and other operating income, less personal\\nneeds allowances and refunds, on a cash basis in the percentage amounts\\nand for the periods specified in subdivision two of this section. Such\\nassessments shall be submitted by or on behalf of hospitals to the\\ncommissioner or his designee.\\n (b) Subject to the provisions of subdivision twelve of this section,\\nthe following categories of hospitals shall not be charged assessments\\npursuant to this section: (i) voluntary nonprofit and private\\nproprietary general hospitals which qualify for distributions made in\\naccordance with paragraph (c) of subdivision nineteen of section\\ntwenty-eight hundred seven-c of this article, or for assessments during\\nthe period January first, nineteen hundred ninety-seven through December\\nthirty-first, nineteen hundred ninety-seven voluntary nonprofit and\\nprivate proprietary general hospitals which qualified for distributions\\nmade in accordance with paragraph (c) of subdivision nineteen of section\\ntwenty-eight hundred seven-c of this article as of December\\nthirty-first, nineteen hundred ninety-five; (ii) voluntary nonprofit\\nhospitals totally financed by charitable contributions or by the income\\nthereon dedicated to free care of low income patients; and (iii) any\\nfacility dedicated solely to the care of police, firefighters,\\nvolunteer firefighters, and emergency service personnel.\\n (c) On and after December first, nineteen hundred ninety-seven, the\\nterm \"general hospital\", as used in this section, includes specialty\\nhospitals for persons who are developmentally disabled, licensed by the\\noffice of mental retardation and developmental disabilities and which\\nare also issued an operating certificate pursuant to section\\ntwenty-eight hundred five of this article.\\n 2. (a) (i) For general hospitals the overall assessment shall be\\nsix-tenths of one percent and the assessment shall vary from 0.5% to\\n0.675% of each general hospital's gross receipts received from all\\npatient care services and other operating income on a cash basis during\\nthe period January first, nineteen hundred ninety-one through March\\nthirty-first, nineteen hundred ninety-two for hospital or health-related\\nservices, including but not limited to inpatient service, outpatient\\nservice, emergency service, referred ambulatory service and ambulatory\\nsurgical service. The assessment shall vary according to the percentage\\nof nineteen hundred eighty-nine medicaid inpatient revenues as a\\npercentage of total nineteen hundred eighty-nine inpatient revenues as\\nreported on the institutional cost report submitted to the department\\nfor nineteen hundred eighty-nine according to the following: for\\nhospitals with medicaid revenue up to and including 10%, the assessment\\nshall be .5%, for hospitals with medicaid revenue greater than 10% up\\nto and including 15%, the assessment shall be .525%, for hospitals with\\nmedicaid revenue greater than 15% up to and including 20%, the\\nassessment shall be .65%, and for hospitals with medicaid revenue over\\n20%, the assessment shall be .675%. In the event that the provisions\\nrelating to the additional supplementary low income patient adjustment\\nestablished in accordance with subdivision fourteen-d of section\\ntwenty-eight hundred seven-c of this article cannot be implemented,\\nthen the general hospital assessment established in accordance with this\\nparagraph shall be calculated without variation specified in this\\nparagraph and the assessment for each general hospital whose assessment\\nwas greater than six-tenths of one percent shall become six-tenths of\\none percent.\\n (ii) For general hospitals the assessment shall be six-tenths of one\\npercent of each general hospital's gross receipts received from all\\npatient care services and other operating income on a cash basis\\nbeginning April first, nineteen hundred ninety-two for hospital or\\nhealth-related services, including, but not limited to inpatient\\nservice, outpatient service, emergency service, referred ambulatory\\nservice and ambulatory surgical service; provided, however, that for all\\nsuch gross receipts received on or after December first, nineteen\\nhundred ninety-eight, such assessment shall be two-tenths of one\\npercent, and further provided that for all such gross receipts received\\non or after April first, nineteen hundred ninety-nine, such assessment\\nshall be one-tenth of one percent, and further provided that such\\nassessment shall expire and be of no further effect for all such gross\\nreceipts received on or after January first, two thousand.\\n (iii) For general hospitals an additional assessment shall be\\none-tenth of one percent of each general hospital's gross receipts\\nreceived from all patient care services and other operating income on a\\ncash basis beginning April first, nineteen hundred ninety-two for\\nhospital or health-related services, including, but not limited to\\ninpatient service, outpatient service, emergency service, referred\\nambulatory service and ambulatory surgical service; provided, however,\\nthat such additional assessment shall expire and be of no further effect\\nfor all such gross receipts received on or after December first,\\nnineteen hundred ninety-seven.\\n (iv) Subject to the provisions of subdivision twelve of this section,\\nthe assessment and additional assessment pursuant to subparagraphs (ii)\\nand (iii) of this paragraph during the period January first, nineteen\\nhundred ninety-eight through December thirty-first, nineteen hundred\\nninety-eight for voluntary nonprofit and private proprietary general\\nhospitals which qualified for distributions made in accordance with\\nparagraph (c) of subdivision nineteen of section twenty-eight hundred\\nseven-c of this article as of December thirty-first, nineteen hundred\\nninety-five shall be abated by seventy-five percent, and during the\\nperiod January first, nineteen hundred ninety-nine through December\\nthirty-first, nineteen hundred ninety-nine shall be abated by\\ntwenty-five percent.\\n (v) Notwithstanding any contrary provisions of this paragraph or any\\nother provision of law or regulation, for general hospitals the\\nassessment shall be thirty-five hundredths of one percent of each\\ngeneral hospital's gross receipts received from all patient care\\nservices and other operating income on a cash basis for the period April\\nfirst, two thousand five through March thirty-first two thousand seven\\nfor hospital or health-related services, including, but not limited to\\ninpatient service, outpatient service, emergency service, referred\\nambulatory service and ambulatory surgical services, but not including\\nresidential health care facilities services or home health care\\nservices.\\n (vi) Notwithstanding any contrary provisions of this paragraph or any\\nother provision of law or regulation, for general hospitals the\\nassessment shall be thirty-five hundredths of one percent of each\\ngeneral hospital's gross receipts received from all patient care\\nservices and other operating income on a cash basis for periods on and\\nafter April first, two thousand nine, for hospital or health-related\\nservices, including, but not limited to inpatient services, outpatient\\nservices, emergency services, referred ambulatory services and\\nambulatory surgical services, but not including residential health care\\nfacilities services or home health care services.\\n (b) (i) For residential health care facilities the assessment shall be\\nsix-tenths of one percent of each residential health care facility's\\ngross receipts received from all patient care services and other\\noperating income on a cash basis beginning April first, nineteen hundred\\nninety-one for hospital or health-related services, including adult day\\nservices; provided, however, that for all such gross receipts received\\non or after September first, nineteen hundred ninety-seven such\\nassessment shall be three-tenths of one percent, and further provided\\nthat such assessment shall expire and be of no further effect for all\\nsuch gross receipts received on or after December first, nineteen\\nhundred ninety-eight.\\n (ii) For residential health care facilities an additional assessment\\nshall be one and two-tenths percent of each residential health care\\nfacility's gross receipts received from all patient care services and\\nother operating income on a cash basis beginning April first, nineteen\\nhundred ninety-two for hospital or health-related services, including\\nadult day services; provided, however, that such additional assessment\\nshall expire and be of no further effect for all such gross receipts\\nreceived on or after April first, nineteen hundred ninety-nine.\\n (iii) For residential health care facilities a further additional\\nassessment shall be three and eight tenths percent of each residential\\nhealth care facility's gross receipts received from all patient care\\nservices and other operating income on a cash basis for the period of\\nJuly first, nineteen hundred ninety-five through March thirty-first,\\nnineteen hundred ninety-six for hospital or health-related services,\\nincluding adult day services. The residential health care facility shall\\nfile the assessment return with any balance due or any refund claimed by\\nMay first, nineteen hundred ninety-six. Notwithstanding any inconsistent\\nprovision of this section, the residential health care facility shall\\nmake estimated payments to the commissioner on a monthly basis starting\\nAugust fifteenth, nineteen hundred ninety-five and continuing on the\\nfifteenth of each month through March fifteenth, nineteen hundred\\nninety-six equal to one-eighth of the total estimated for this further\\nadditional assessment for the further additional assessment period. If\\nthe total of estimated payments is less than ninety-five percent of the\\nactual payment due, the residential health care facility shall pay to\\nthe commissioner a penalty of fifteen percent of the difference due for\\neach month in addition to the amount due. The commissioner may recoup\\ndeficiencies and penalties pursuant to paragraph (c) of subdivision six\\nof this section.\\n * (iv) For residential health care facilities a further additional\\nassessment shall be one and nine-tenths percent of each residential\\nhealth care facility's gross receipts received from all patient care\\nservices and other operating income on a cash basis for the period of\\nApril first, nineteen hundred ninety-six through March thirty-first,\\nnineteen hundred ninety-seven for hospital or health-related services,\\nincluding adult day services. The residential health care facility shall\\nfile the assessment return with any balance due or any refund claimed by\\nMay first, nineteen hundred ninety-seven. Notwithstanding any\\ninconsistent provision of this section, the residential health care\\nfacility shall make estimated payments to the commissioner on a monthly\\nbasis starting May fifteenth, and continuing on the fifteenth of each\\nmonth through March fifteenth equal to one-eleventh of the total\\nestimated for this further additional assessment for the period April\\nfirst, nineteen hundred ninety-six through March thirty-first nineteen\\nhundred ninety-seven. If the total of estimated payments is less than\\nninety-five percent of the actual payment due, the residential health\\ncare facility shall pay to the commissioner a penalty of fifteen percent\\nof the difference due each month in addition to the amount due. The\\ncommissioner may recoup deficiencies and penalties pursuant to paragraph\\n(c) of subdivision six of this section.\\n * NB There are 2 subpar (iv)'s\\n * (iv) For residential health care facilities a further additional\\nassessment shall be one and nine-tenths percent of each residential\\nhealth care facility's gross receipts received from all patient care\\nservices and other operating income on a cash basis for the period of\\nApril first, nineteen hundred ninety-six through March thirty-first,\\nnineteen hundred ninety-seven for hospital or health-related services,\\nincluding adult day services. The residential health care facility shall\\nfile the assessment return with any balance due or any refund claimed by\\nMay first, nineteen hundred ninety-seven. Notwithstanding any\\ninconsistent provision of this section, the residential health care\\nfacility shall make estimated payments to the commissioner on a monthly\\nbasis starting May fifteenth, and continuing on the fifteenth of each\\nmonth through March fifteenth, equal to one-eleventh of the total\\nestimated for this further additional assessment for the period\\nbeginning April first of nineteen hundred ninety-six and ending March\\nthirty-first, nineteen hundred ninety-seven. If the total of the eleven\\nrequired estimated payments is less than ninety-five percent of the\\nactual payment due, the residential health care facility shall pay to\\nthe commissioner a penalty of fifteen percent of the difference due for\\neach month in addition to the amount due. The commissioner may recoup\\ndeficiencies and penalties pursuant to paragraph (c) of subdivision six\\nof this section.\\n * NB There are 2 subpar (iv)'s\\n * (v) For residential health care facilities in addition a further\\nadditional assessment shall be (a) two and three-tenths percent of each\\nresidential care facility's gross receipts received from all patient\\ncare services and other operating income on a cash basis beginning May\\nfirst, nineteen hundred ninety-six through December thirty-first,\\nnineteen hundred ninety-six for hospital or health-related services,\\nincluding adult day services and (b) one and nine-tenths percent of each\\nresidential care facility's gross receipts received from all patient\\ncare services and other operating income on a cash basis beginning\\nJanuary first, nineteen hundred ninety-seven and ending February\\ntwenty-eighth, nineteen hundred ninety-seven for hospital or\\nhealth-related services, including adult day services.\\n * NB There are 2 subpar (v)'s\\n * (v) For residential health care facilities in addition a further\\nadditional assessment shall be (a) two and three-tenths percent of each\\nresidential care facility's gross receipts received from all patient\\ncare services and other operating income on a cash basis beginning May\\nfirst, nineteen hundred ninety-six and ending December thirty-first,\\nnineteen hundred ninety-six for hospital or health-related services,\\nincluding adult day services and (b) one and nine-tenths percent of each\\nresidential care facility's gross receipts received from all patient\\ncare services and other operating income on a cash basis beginning\\nJanuary first, nineteen hundred ninety-seven and ending February\\ntwenty-eighth, nineteen hundred ninety-seven for hospital or\\nhealth-related services, including adult day services; provided,\\nhowever, that for all such gross receipts received on or after April\\nfirst, nineteen hundred ninety-seven, such further additional assessment\\nshall be three and six-tenths percent, and further provided that for all\\nsuch gross receipts received on or after April first, nineteen hundred\\nninety-nine, such further additional assessment shall be two and\\nfour-tenths percent, and further provided that such further additional\\nassessment shall expire and be of no further effect for all such gross\\nreceipts received on or after January first, two thousand.\\n * NB There are 2 subpar (v)'s\\n (vi) Notwithstanding any contrary provision of this paragraph or any\\nother provision of law or regulation to the contrary, for residential\\nhealth care facilities the assessment shall be six percent of each\\nresidential health care facility's gross receipts received from all\\npatient care services and other operating income on a cash basis for the\\nperiod April first, two thousand two through March thirty-first, two\\nthousand three for hospital or health-related services, including adult\\nday services; provided, however, that residential health care\\nfacilities' gross receipts attributable to payments received pursuant to\\ntitle XVIII of the federal social security act (medicare) shall be\\nexcluded from the assessment; provided, however, that for all such gross\\nreceipts received on or after April first, two thousand three through\\nMarch thirty-first, two thousand five, such assessment shall be five\\npercent, and further provided that for all such gross receipts received\\non or after April first, two thousand five through March thirty-first,\\ntwo thousand nine, and on or after April first, two thousand nine\\nthrough March thirty-first, two thousand eleven such assessment shall be\\nsix percent, and further provided that for all such gross receipts\\nreceived on or after April first, two thousand eleven through March\\nthirty-first, two thousand thirteen such assessment shall be six\\npercent, and further provided that for all such gross receipts received\\non or after April first, two thousand thirteen through March\\nthirty-first, two thousand fifteen such assessment shall be six percent,\\nand further provided that for all such gross receipts received on or\\nafter April first, two thousand fifteen through March thirty-first, two\\nthousand seventeen such assessment shall be six percent, and further\\nprovided that for all such gross receipts received on or after April\\nfirst, two thousand seventeen through March thirty-first, two thousand\\nnineteen such assessment shall be six percent, and further provided that\\nfor all such gross receipts received on or after April first, two\\nthousand nineteen through March thirty-first, two thousand twenty-one\\nsuch assessment shall be six percent.\\n (c) For all other facilities issued an operating certificate pursuant\\nto section twenty-eight hundred five of this article, including\\ndiagnostic and treatment centers, the assessment shall be six-tenths of\\none percent of each facility's gross receipts received from all patient\\ncare services and other operating income on a cash basis beginning\\nJanuary first, nineteen hundred ninety-one for hospital or\\nhealth-related services, including diagnostic and treatment center\\nservices; provided, however, that for all such gross receipts received\\non or after April first, nineteen hundred ninety-nine, such assessment\\nshall be two-tenths of one percent, and further provided that such\\nassessment shall expire and be of no further effect for all such gross\\nreceipts received on or after January first, two thousand.\\n 3. Gross receipts received from all patient care services and other\\noperating income for purposes of the assessment pursuant to this section\\nshall include, but not be limited to:\\n (a) for general hospitals, all monies received for or on account of\\ninpatient hospital service, outpatient service, emergency service,\\nreferred ambulatory service and ambulatory surgical service, or other\\nhospital or health-related services, excluding, subject to the\\nprovisions of subdivision twelve of this section: distributions from bad\\ndebt and charity care regional pools, primary health care services\\nregional pools, bad debt and charity care for financially distressed\\nhospitals statewide pools and bad debt and charity care and capital\\nstatewide pools created in accordance with section twenty-eight hundred\\nseven-c of this article and the components of rates of payment or\\ncharges related to the allowances provided in accordance with\\nsubdivisions fourteen, fourteen-b and fourteen-c, the adjustment\\nprovided in accordance with subdivision fourteen-a, the adjustment\\nprovided in accordance with subdivision fourteen-d, the adjustment for\\nhealth maintenance organization reimbursement rates provided in\\naccordance with section twenty-eight hundred seven-f of this article,\\nthe adjustment for commercial insurer reimbursement rates provided in\\naccordance with paragraph (i) of subdivision eleven of section\\ntwenty-eight hundred seven-c of this article or, if effective, the\\nadjustment provided in accordance with subdivision fifteen of section\\ntwenty-eight hundred seven-c of this article or the adjustment provided\\nin accordance with section eighteen of chapter two hundred sixty-six of\\nthe laws of nineteen hundred eighty-six as amended and physician\\npractice or faculty practice plan revenue received by a general hospital\\nbased on discrete billings for private practicing physician services,\\nrevenue received by a general hospital from a public hospital pursuant\\nto an affiliation agreement contract for the delivery of health care\\nservices to such public hospital, revenue received pursuant to paragraph\\n(i) of subdivision thirty-five of section twenty-eight hundred seven-c\\nof this article, revenue received pursuant to section twenty-eight\\nhundred seven-w of this article, all revenue received as\\ndisproportionate share hospital payments, in accordance with title\\nnineteen of the federal Social Security Act, revenue received pursuant\\nto sections eleven, twelve, thirteen and fourteen of part A of chapter\\none of the laws of two thousand two, revenue received pursuant to\\nsections thirteen and fourteen of part B of chapter one of the laws of\\ntwo thousand two, revenue from patient personal fund allowances, revenue\\nfrom income earned on patient funds, investment income from externally\\nrestricted funds, revenue from investment sinking funds, revenue from\\ninvestment operating escrow accounts, investment income from funded\\ndepreciation, investment income from mortgage repayment escrow accounts,\\nrevenue derived from the operation of schools leading to licensure, and\\nrevenue from the collection of sales and excise taxes;\\n (b) for residential health care facilities, all monies received for or\\non account of hospital or health-related service, including adult day\\nservices, excluding subject to the provisions of subdivision twelve of\\nthis section the component of rates of payment related to the adjustment\\nprovided in accordance with subdivision twelve of section twenty-eight\\nhundred eight of this article;\\n (c) for all other facilities issued an operating certificate pursuant\\nto section twenty-eight hundred five of this article, including\\ndiagnostic and treatment centers, all monies received for or on account\\nof hospital or health-related services, however, subject to the\\nprovisions of subdivision twelve of this section, excluding the\\ncomponent of rates of payment related to the allowance provided in\\naccordance with paragraph (f) of subdivision two of section twenty-eight\\nhundred seven of this article, excluding for a diagnostic and treatment\\ncenter operated by a health maintenance organization operating in\\naccordance with the provisions of article forty-four of this chapter or\\narticle forty-three of the insurance law monies received for or on\\naccount of services provided to subscribers of such health maintenance\\norganization and excluding patient care services which if provided to\\npersons eligible for medical assistance pursuant to title eleven of\\narticle five of the social services law would be eligible for ninety\\npercent federal funds as set forth in section nineteen hundred three of\\nthe federal social security act; and\\n (d) for all hospitals, excluding diagnostic and treatment centers\\noperated by a health maintenance organization operating in accordance\\nwith the provisions of article forty-four of this chapter or article\\nforty-three of the insurance law, shall include monies received for or\\non account of such revenue sources as investment income, parking lots,\\ncafeterias, gift shops and rental income, provided, however, that\\nsubject to the provisions of subdivision twelve of this section income\\nreceived from grants, charitable contributions, donations and bequests\\nand governmental deficit financing and the component of rates of payment\\nreflecting any cost of the assessment reimbursable pursuant to\\nsubdivision ten of this section shall not be included.\\n 4. For periods prior to January first, two thousand five, the\\ncommissioner is authorized to contract with the article forty-three\\ninsurance law plans, or if not available such other administrators as\\nthe commissioner shall designate, to receive and distribute hospital\\nassessment funds. In the event contracts with the article forty-three\\ninsurance law plans or other commissioner's designees are effectuated,\\nthe commissioner shall conduct annual audits of the receipt and\\ndistribution of the assessment funds. The reasonable costs and expenses\\nof an administrator as approved by the commissioner, not to exceed for\\npersonnel services on an annual basis four hundred thousand dollars for\\nall assessments established pursuant to this section, shall be paid from\\nthe assessment funds.\\n 5. Estimated payments by or on behalf of hospitals to the commissioner\\nor his designee of funds due from the assessments pursuant to\\nsubdivision two of this section shall be made on a monthly basis.\\nEstimated payments shall be due on or before the fifteenth day following\\nthe end of a calendar month to which an assessment applies.\\n 6. (a) If an estimated payment made for a month to which an assessment\\napplies is less than seventy percent of an amount the commissioner\\ndetermines is due, based on evidence of prior period moneys received by\\na hospital or evidence of moneys received by such hospital for that\\nmonth, the commissioner may estimate the amount due from such hospital\\nand may collect the deficiency pursuant to paragraph (c) of this\\nsubdivision.\\n (b) If an estimated payment made for a month to which an assessment\\napplies is less than ninety percent of an amount the commissioner\\ndetermines is due, based on evidence of prior period moneys received by\\na hospital or evidence of moneys received by such hospital for that\\nmonth, and at least two previous estimated payments within the preceding\\nsix months were less than ninety percent of the amount due, based on\\nsimilar evidence, the commissioner may estimate the amount due from such\\nhospital and may collect the deficiency pursuant to paragraph (c) of\\nthis subdivision.\\n (c) Upon receipt of notification from the commissioner of a hospital's\\ndeficiency under this section, the comptroller or a fiscal intermediary\\ndesignated by the director of the budget, or the commissioner of social\\nservices, or a corporation organized and operating in accordance with\\narticle forty-three of the insurance law, or an organization operating\\nin accordance with article forty-four of this chapter shall withhold\\nfrom the amount of any payment to be made by the state or by such\\narticle forty-three corporation or article forty-four organization to\\nthe hospital the amount of the deficiency determined under paragraph (a)\\nor (b) of this subdivision or paragraph (e) of subdivision seven of this\\nsection. Upon withholding such amount, the comptroller or a designated\\nfiscal intermediary, or the commissioner of social services, or\\ncorporation organized and operating in accordance with article\\nforty-three of the insurance law or organization operating in accordance\\nwith article forty-four of this chapter shall pay the commissioner, or\\nhis designee, such amount withheld on behalf of the hospital.\\n (d) The commissioner shall provide a hospital with notice of any\\nestimate of an amount due for an assessment pursuant to paragraph (a) or\\n(b) of this subdivision or paragraph (e) of subdivision seven of this\\nsection at least three days prior to collection of such amount by the\\ncommissioner. Such notice shall contain the financial basis for the\\ncommissioner's estimate.\\n (e) In the event a hospital objects to an estimate by the commissioner\\npursuant to paragraph (a) or (b) of this subdivision or paragraph (e) of\\nsubdivision seven of this section of the amount due for an assessment,\\nthe hospital, within sixty days of notice of an amount due, may request\\na public hearing. If a hearing is requested, the commissioner shall\\nprovide the hospital an opportunity to be heard and to present evidence\\nbearing on the amount due for an assessment within thirty days after\\ncollection of an amount due or receipt of a request for a hearing,\\nwhichever is later. An administrative hearing is not a prerequisite to\\nseeking judicial relief.\\n (f) The commissioner may direct that a hearing be held without any\\nrequest by a hospital.\\n 7. (a) Every hospital shall submit reports on a cash basis of actual\\ngross receipts received from all patient care services and operating\\nincome for each month as follows:\\n (i) for the period January first, nineteen hundred ninety-one through\\nJanuary thirty-first, nineteen hundred ninety-one, the report shall be\\nfiled on or before March fifteenth, nineteen hundred ninety-one; and\\n (ii) for the quarter year ending March thirty-first, nineteen hundred\\nninety-one and for each quarter thereafter, the report shall be filed on\\nor before the forty-fifth day after the end of such quarter.\\n (b) Every hospital shall submit a certified annual report on a cash\\nbasis of gross receipts received in such calendar year from all patient\\ncare services and operating income.\\n (c) The reports shall be in such form as may be prescribed by the\\ncommissioner to accurately disclose information required to implement\\nthis section, provided, however, that for periods on and after July\\nfirst, two thousand twelve, such reports and any associated\\ncertifications shall be submitted electronically in a form as may be\\nrequired by the commissioner.\\n (d) Final payments shall be due for all hospitals for the assessments\\npursuant to subdivision two of this section upon the due date for\\nsubmission of the applicable quarterly report.\\n (e) The commissioner may recoup deficiencies in final payments\\npursuant to paragraph (c) of subdivision six of this section. Delinquent\\namounts which have been referred for recoupment or offset pursuant to\\nparagraph (c) of subdivision six of this section, or which have been\\nreferred to the office of the attorney general for collection, shall be\\ndeemed final and not subject to further revision or reconciliation by\\nthe commissioner based on any additional reports or other information\\nsubmitted by the hospital, provided, however, that such delinquencies\\nshall not be referred for such recoupment or for such collection based\\non estimated amounts unless the hospital has received written\\nnotification of such delinquencies and has been given no less than\\nthirty days in which to submit delinquent reports.\\n (f) Payments and reports submitted or required to be submitted to the\\ncommissioner or to the commissioner's designee pursuant to this section\\nshall be subject to audit by the commissioner for a period of six years\\nfollowing the close of the calendar year in which such payments and\\nreports are due, after which such payments shall be deemed final and not\\nsubject to further adjustment or reconciliation, including through\\noffset adjustments or reconciliations made to subsequent payments made\\npursuant to this section, provided, however, that nothing herein shall\\nbe construed as precluding the commissioner from pursuing collection of\\nany such payments which are identified as delinquent within such six\\nyear period, or which are identified as delinquent as a result of an\\naudit commenced within such six year period, or from conducting an audit\\nof any adjustment or reconciliation made by a hospital.\\n 8. (a) If an estimated payment made for a month to which an assessment\\napplies is less than ninety percent of the actual amount due for such\\nmonth, interest shall be due and payable to the commissioner on the\\ndifference between the amount paid and the amount due from the day of\\nthe month the estimated payment was due until the date of payment. The\\nrate of interest shall be twelve percent per annum or at the rate of\\ninterest set by the commissioner of taxation and finance with respect to\\nunderpayments of tax pursuant to subsection (e) of section one thousand\\nninety-six of the tax law minus four percentage points. Interest under\\nthis paragraph shall not be paid if the amount thereof is less than one\\ndollar. Interest, if not paid by the due date of the following month's\\nestimated payment, may be collected by the commissioner pursuant to\\nparagraph (c) of subdivision six of this section in the same manner as\\nan assessment pursuant to subdivision two of this section.\\n (b) If an estimated payment made for a month to which an assessment\\napplies is less than seventy percent of the actual amount due for such\\nmonth, a penalty shall be due and payable to the commissioner of five\\npercent of the difference between the amount paid and the amount due\\nfor such month when the failure to pay is for a duration of not more\\nthan one month after the due date of the payment with an additional\\nfive percent for each additional month or fraction thereof during which\\nsuch failure continues, not exceeding twenty-five percent in the\\naggregate. A penalty may be collected by the commissioner pursuant to\\nparagraph (c) of subdivision six of this section in the same manner as\\nan assessment pursuant to subdivision two of this section.\\n (c) Overpayment by a hospital of an estimated payment shall be applied\\nto any other payment due from the hospital pursuant to this section, or,\\nif no payment is due, at the election of the hospital shall be applied\\nto future estimated payments or refunded to the hospital. Interest shall\\nbe paid on overpayments from the date of overpayment to the date of\\ncrediting or refund at the rate determined in accordance with paragraph\\n(a) of this subdivision if the overpayment was made at the direction of\\nthe commissioner. Interest under this paragraph shall not be paid if the\\namount thereof is less than one dollar.\\n 9. Funds accumulated, including income from invested funds, from the\\nassessments specified in this section, including interest and penalties,\\nshall be deposited by the commissioner and:\\n (a) credited to the general fund;\\n (b) provided, however, that funds accumulated, including income from\\ninvested funds, from the assessments provided in accordance with\\nsubparagraph (v) of paragraph (a) and subparagraphs (iii), (iv), (v) and\\n(vi) of paragraph (b) of subdivision two of this section, including\\ninterest and penalties, shall be deposited by the commissioner and\\ncredited to the special revenue fund-other, miscellaneous special\\nrevenue fund (339), medical assistance account. To the extent of funds\\nappropriated therefor, funds shall be made available for payments under\\nthe medical assistance program provided pursuant to title eleven of\\narticle five of the social services law;\\n (c) and provided further, however, that funds accumulated, including\\nincome from invested funds, for a period from the assessment and\\nadditional assessment provided in accordance with subparagraphs (ii) and\\n(iii) of paragraph (a) of subdivision two of this section, including\\ninterest and penalties, on voluntary nonprofit and private proprietary\\ngeneral hospitals which qualified for distributions made in accordance\\nwith paragraph (c) of subdivision nineteen of section twenty-eight\\nhundred seven-c of this article as of December thirty-first, nineteen\\nhundred ninety-five shall be transferred by the commissioner and\\nconsolidated with funds accumulated from the allowance pursuant to\\nsubdivision two of section twenty-eight hundred seven-j of this article\\nfor such period and allocated in accordance with subdivision nine of\\nsection twenty-eight hundred seven-j of this article.\\n 10. Notwithstanding any inconsistent provision of law or regulation to\\nthe contrary:\\n (a) the assessments pursuant to this section shall not be an allowable\\ncost in the determination of reimbursement rates pursuant to this\\narticle;\\n (b) provided, however, that for purposes of determining rates of\\npayment pursuant to this article for residential health care facilities,\\nfor the period January first, nineteen hundred ninety-two through March\\nthirty-first, nineteen hundred ninety-nine, the additional assessment of\\none and two-tenths percent, and for the period July first, nineteen\\nhundred ninety-five through March thirty-first, nineteen hundred\\nninety-six the further additional assessment of three and eight-tenths\\npercent, and for the period April first, nineteen hundred ninety-six\\nthrough March thirty-first, nineteen hundred ninety-seven the further\\nadditional assessment of one and nine-tenths percent, and for the period\\nMay first, nineteen hundred ninety-six through December thirty-first,\\nnineteen hundred ninety-six the further additional assessment of two and\\nthree-tenths percent and for the period January first, nineteen hundred\\nninety-seven through February twenty-eighth, nineteen hundred\\nninety-seven the further additional assessment of one and nine-tenths\\npercent, and for the period April first, nineteen hundred ninety-seven\\nthrough March thirty-first, nineteen hundred ninety-nine the further\\nadditional assessment of three and six-tenths percent, and for the\\nperiod April first, nineteen hundred ninety-nine through December\\nthirty-first, nineteen hundred ninety-nine the further additional\\nassessment of two and four-tenths percent, imposed pursuant to this\\nsection shall be a reimbursable cost to be reflected as timely as\\npracticable in rates of payment applicable within the assessment period,\\ncontingent, for payments by governmental agencies, on all federal\\napprovals necessary by federal law and regulations for federal financial\\nparticipation in payments made for beneficiaries eligible for medical\\nassistance under title XIX of the federal social security act.\\n (c) provided, however, that for the purposes of determining rates of\\npayment pursuant to this article for residential health care facilities,\\nthe assessment imposed pursuant to subparagraph (vi) of paragraph (b) of\\nsubdivision two of this section shall be a reimbursable cost to be\\nreflected as timely as practicable, and subsequently reconciled to\\nactual cost, in rates of payment applicable within the assessment\\nperiod, provided further, however, that insofar as such assessment is in\\nexcess of six percent it shall not be deemed a reimbursable cost and\\nshall not be reflected in such rates of payment.\\n (d) provided, however, that the adjustment to rates of payment made\\npursuant to paragraph (c) of this subdivision shall be calculated on a\\nper diem basis and based on total reported patient days of care minus\\nreported days attributable to title XVIII of the federal social security\\nact (medicare) units of service.\\n (e) the provisions of paragraphs (c) and (d) of this subdivision shall\\neach be contingent upon receipt of all federal approvals required by\\nfederal law and regulations for federal financial participation in\\npayments made in accordance with paragraphs (c) and (d) of this\\nsubdivision.\\n 11. (a) (ii) The assessment shall not be collected in excess of one\\nhundred thirty-four million three hundred thousand dollars from general\\nhospitals for the period of April first, nineteen hundred ninety-seven\\nthrough March thirty-first, nineteen hundred ninety-eight. The amount of\\nthe assessment collected pursuant to paragraph (a) of subdivision two of\\nthis section in excess of one hundred thirty-four million three hundred\\nthousand dollars for the period of April first, nineteen hundred\\nninety-seven through March thirty-first, nineteen hundred ninety-eight\\nshall be refunded to general hospitals by the commissioner based on the\\nratio which a general hospital's assessment for such period bears to the\\ntotal of the assessments for such period paid by general hospitals.\\n (iii) The additional assessment shall not be collected in excess of\\nfourteen million nine hundred thousand dollars from general hospitals\\nfor the period of April first, nineteen hundred ninety-seven through\\nNovember thirtieth, nineteen hundred ninety-seven. The amount of the\\nadditional assessment collected pursuant to paragraph (a) of subdivision\\ntwo of this section in excess of fourteen million nine hundred thousand\\ndollars for the period of April first, nineteen hundred ninety-seven\\nthrough November thirtieth, nineteen hundred ninety-seven shall be\\nrefunded to general hospitals by the commissioner based on the ratio\\nwhich a general hospital's additional assessment for such period bears\\nto the total of the additional assessments for such period paid by\\ngeneral hospitals.\\n (b) (ii) The assessment shall not be collected in excess of fifteen\\nmillion dollars from residential health care facilities for the period\\nof April first, nineteen hundred ninety-eight through March\\nthirty-first, nineteen hundred ninety-nine. The amount of the assessment\\ncollected pursuant to paragraph (b) of subdivision two of this section\\nin excess of fifteen million dollars for the period of April first,\\nnineteen hundred ninety-eight through March thirty-first, nineteen\\nhundred ninety-nine shall be refunded to residential health care\\nfacilities by the commissioner based on the ratio which a residential\\nhealth care facility's assessment for such period bears to the total of\\nthe assessments for such period paid by residential health care\\nfacilities.\\n (iii) The additional assessment shall not be collected in excess of\\neighty-nine million nine hundred thousand dollars from residential\\nhealth care facilities for the period of April first, nineteen hundred\\nninety-eight through March thirty-first, nineteen hundred ninety-nine.\\nThe amount of the additional assessment collected pursuant to paragraph\\n(b) of subdivision two of this section in excess of eighty-nine million\\nnine hundred thousand dollars for the period of April first, nineteen\\nhundred ninety-eight through March thirty-first, nineteen hundred\\nninety-nine shall be refunded to residential health care facilities by\\nthe commissioner based on the ratio which a residential health care\\nfacility's additional assessment for such period bears to the total of\\nthe additional assessments for such period paid by residential health\\ncare facilities.\\n (iv) The further additional assessment shall not be collected in\\nexcess of one hundred sixty-four million seven hundred thousand dollars\\nfrom residential health care facilities for the period July first,\\nnineteen hundred ninety-five through March thirty-first, nineteen\\nhundred ninety-six. The amount of the further additional assessment\\ncollected pursuant to paragraph (b) of subdivision two of this section\\nin excess of one hundred sixty-four million seven hundred thousand\\ndollars for the period of July first, nineteen hundred ninety-five\\nthrough March thirtyfirst, nineteen hundred ninety-six shall be refunded\\nto residential health care facilities by the commissioner based on the\\nratio which a residential health care facility's further additional\\nassessment for such period bears to the total of the further additional\\nassessments for such period paid by residential health care facilities.\\n (v) The further additional assessment imposed pursuant to subparagraph\\n(iv) of paragraph (b) of subdivision two of this section shall not be\\ncollected in excess of one hundred twelve million dollars from\\nresidential health care facilities for the period April first, nineteen\\nhundred ninety-six through March thirty-first, nineteen hundred\\nninety-seven. The amount of the further additional assessment collected\\npursuant to subparagraph (iv) of paragraph (b) of subdivision two of\\nthis section in excess of one hundred twelve million dollars for the\\nperiod of April first, nineteen hundred ninety-six through March\\nthirty-first, nineteen hundred ninety-seven shall be refunded to\\nresidential health care facilities by the commissioner based on the\\nratio which a residential health care facility's further additional\\nassessment for such period bears to the total of the further additional\\nassessments for such period paid by residential health care facilities.\\n (vi) The further additional assessment shall not be collected in\\nexcess of one hundred ten million dollars from residential health care\\nfacilities for the period May first, nineteen hundred ninety-six\\nthrough February twenty-eighth, nineteen hundred ninety-seven. The\\namount of the further additional assessment collected pursuant to\\nsubparagraph (v) of paragraph (b) of subdivision two of this section in\\nexcess of one hundred ten million dollars for the period May first,\\nnineteen hundred ninety-six through February twenty-eighth, nineteen\\nhundred ninety-seven shall be refunded to residential health care\\nfacilities by the commissioner based on the ratio which a residential\\nhealth care facility's further additional assessment for such period\\nbears to the total of the further additional assessments for such\\nperiod paid by residential health care facilities.\\n (vii) The further additional assessment shall not be collected in\\nexcess of two hundred forty million dollars from residential health care\\nfacilities for the period April first, nineteen hundred ninety-seven\\nthrough March thirty-first, nineteen hundred ninety-eight. The amount of\\nthe further additional assessment collected pursuant to subparagraph (v)\\nof paragraph (b) of subdivision two of this section in excess of two\\nhundred forty million dollars for the period of April first, nineteen\\nhundred ninety-seven through March thirty-first, nineteen hundred\\nninety-eight shall be refunded to residential health care facilities by\\nthe commissioner based on the ratio which a residential health care\\nfacility's further additional assessments for such a period bears to the\\ntotal of the further additional assessments for such period paid by\\nresidential health care facilities.\\n (viii) The further additional assessment shall not be collected in\\nexcess of two hundred fifty-six million eight hundred thousand dollars\\nfrom residential health care facilities for the period April first,\\nnineteen hundred ninety-eight through March thirty-first, nineteen\\nhundred ninety-nine. The amount of the further additional assessment\\ncollected pursuant to subparagraph (v) of paragraph (b) of subdivision\\ntwo of this section in excess of two hundred fifty-six million eight\\nhundred thousand dollars for the period April first, nineteen hundred\\nninety-eight through March thirty-first, nineteen hundred ninety-nine\\nshall be refunded to residential health care facilities by the\\ncommissioner based on the ratio which a residential health care\\nfacility's further additional assessments for such period bears to the\\ntotal of the further additional assessments for such period paid by\\nresidential health care facilities.\\n (c) (ii) The assessment shall not be collected in excess of seven\\nmillion four hundred thousand dollars from all other facilities issued\\nan operating certificate pursuant to section twenty-eight hundred five\\nof this article for the period of April first, nineteen hundred\\nninety-seven through March thirty-first, nineteen hundred ninety-eight.\\nThe amount of the assessment collected pursuant to paragraph (c) of\\nsubdivision two of this section in excess of seven million four hundred\\nthousand dollars for the period of April first, nineteen hundred\\nninety-seven through March thirty-first, nineteen hundred ninety-eight\\nshall be refunded by the commissioner based on the ratio which a\\nfacility's assessment for such period bears to the total of the\\nassessments for such period paid by such facilities.\\n 12. (a) Each exclusion of hospitals or sources of gross receipts\\nreceived from the assessments effective on or after April first,\\nnineteen hundred ninety-two, and prior to April first, two thousand two,\\nestablished pursuant to this section shall be contingent upon either:\\n(i) qualification of the assessments for waiver pursuant to federal law\\nand regulation; or (ii) consistent with federal law and regulation, not\\nrequiring a waiver by the secretary of the department of health and\\nhuman services related to such exclusion; in order for the assessments\\nunder this section to be qualified as a broad-based health care related\\ntax for purposes of the revenues received by the state pursuant to the\\nassessments not reducing the amount expended by the state as medical\\nassistance for purposes of federal financial participation. The\\ncommissioner shall collect the assessments relying on such exclusions,\\npending any contrary action by the secretary of the department of health\\nand human services. In the event the secretary of the department of\\nhealth and human services determines that the assessments do not so\\nqualify based on any such exclusion, then the exclusion shall be deemed\\nto have been null and void as of April first, nineteen hundred\\nninety-two, and the commissioner shall collect any retroactive amount\\ndue as a result, without interest or penalty provided the hospital pays\\nthe retroactive amount due within ninety days of notice from the\\ncommissioner to the hospital that an exclusion is null and void.\\nInterest and penalties shall be measured from the due date of ninety\\ndays following notice from the commissioner to the hospital.\\n (b) The exclusion of the hospitals described in paragraph (b) of\\nsubdivision one of this section and the exclusion of revenue described\\nin subdivision two of this section from the assessments set forth in\\nsubdivision two of this section for periods on and after April first,\\ntwo thousand two shall be contingent upon either: (i) qualification of\\nthe assessments for waiver pursuant to federal law and regulation; or\\n(ii) consistent with federal law and regulation, not requiring a waiver\\nby the secretary of the department of health and human services related\\nto such exclusion; in order for the assessments under this section to be\\nqualified as a broad-based health care related tax for purposes of the\\nrevenues received by the state pursuant to the assessments not reducing\\nthe amount expended by the state as medical assistance for purposes of\\nfederal financial participation. The commissioner shall collect such\\nassessments relying on such exclusion, pending any contrary action by\\nthe secretary of the department of health and human services. In the\\nevent the secretary of the department of health and human services\\ndetermines that such assessments do not so qualify based on such\\nexclusion, then the commissioner shall, to the extent necessary to\\nachieve such qualification for federal financial participation, deem\\nsuch exclusions null and void as of the first day of the period for\\nwhich such assessments apply, and the commissioner shall collect any\\nretroactive amount due as a result, without interest or penalty provided\\nthe hospital pays the retroactive amount due within ninety days of\\nnotice from the commissioner to the hospital that such exclusion is null\\nand void.\\n (c) No hospital shall be obligated to pay assessments pursuant to\\nsubparagraph (v) of paragraph (a) of subdivision two of this section\\nprior to December first, two thousand five. The commissioner shall\\ncollect payment obligations incurred prior to December first, two\\nthousand five proportionally over the remaining months in the state\\nfiscal year.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2807-DD", "title" : "Temporary nursing home stability contributions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2807-DD", "activeDate" : "2014-09-22", "sequenceNo" : 1054, "repealedDate" : null, "fromSection" : "2807-DD", "toSection" : "2807-DD", "text" : " § 2807-dd. Temporary nursing home stability contributions. 1.\\nNotwithstanding any contrary provision of law and subject to the receipt\\nof all necessary federal approvals or waivers, for periods on and after\\nApril first, two thousand eleven, a temporary nursing home stability\\ncontribution shall be imposed on the gross receipts of each residential\\nhealth care facility equal to four tenths of one percent of such\\nreceipts and provided further, however, that on and after April first,\\ntwo thousand twelve through October thirty-first, two thousand twelve\\nsuch contributions shall be reduced to two tenths of one percent, and\\nprovided further, however, that on and after November first, two\\nthousand twelve, such contributions shall be reduced to zero.\\n 2. The gross receipts subject to this section shall be as defined in\\nparagraph (b) of subdivision three of section twenty-eight hundred\\nseven-d of this article and shall include income from all patient care\\nservices and other operating income on a cash basis, but excluding\\nrevenue received pursuant to the federal Medicare program. The\\ncontributions described in this section shall be administered in\\naccordance with and subject to the provisions of subdivisions four,\\nfive, six, seven, eight, nine and twelve of section twenty-eight hundred\\nseven-d of this article, provided, however, that such contributions\\nshall not be an allowable cost in the determination of reimbursement\\nrates of payment computed pursuant to this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2807-D-1", "title" : "Hospital quality contributions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2807-D-1", "activeDate" : "2014-09-22", "sequenceNo" : 1055, "repealedDate" : null, "fromSection" : "2807-D-1", "toSection" : "2807-D-1", "text" : " § 2807-d-1. Hospital quality contributions. 1. Notwithstanding any\\ncontrary provision of law and subject to the receipt of all necessary\\nfederal approvals or waivers, for periods on and after July first, two\\nthousand eleven, a quality contribution shall be imposed on the\\ninpatient revenue of each general hospital that is received for the\\nprovision of inpatient obstetrical patient care services in an amount\\nequal to one and six-tenths percent of such revenue, as defined in\\naccordance with paragraph (a) of subdivision three of section\\ntwenty-eight hundred seven-d of this article, provided, however, that in\\nthe event the commissioner, in consultation with the director of the\\nbudget, determines that such quality contribution shall raise less than\\nor more than the total quality collection amount set forth in\\nsubdivision two of this section, the commissioner, in consultation with\\nthe director of the budget, may promulgate regulations, and may\\npromulgate emergency regulations, increasing or decreasing such quality\\ncontributions by amounts sufficient to ensure the collection of such\\nannual quality contribution amount.\\n 2. The annual quality contribution amount referenced in subdivision\\none of this section shall be thirty million dollars for the state fiscal\\nyear beginning April first, two thousand eleven, and for each subsequent\\nstate fiscal year thereafter it shall be the amount of the preceding\\nyear as increased by the ten year rolling average of the medical\\ncomponent of the consumer price index as published by the United States\\ndepartment of labor, bureau of labor statistics, for the preceding ten\\nyears.\\n 3. The quality contributions described in this section shall be\\nadministered in accordance with and subject to the provisions of\\nsubdivisions four, five, six, seven, eight and twelve of section\\ntwenty-eight hundred seven-d of this article, provided, however, that\\nsuch quality contributions shall be deposited in the HCRA resources fund\\nas established pursuant to section ninety-two-dd of the state finance\\nlaw; and provided further, however, that such contributions shall not be\\nan allowable cost in the determination of reimbursement rates of payment\\ncomputed pursuant to this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2807-E", "title" : "Uniform bills", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2018-04-27", "2018-05-25" ], "docLevelId" : "2807-E", "activeDate" : "2018-05-25", "sequenceNo" : 1056, "repealedDate" : null, "fromSection" : "2807-E", "toSection" : "2807-E", "text" : " § 2807-e. Uniform bills. 1. Definitions. For the purposes of this\\nsection, unless the context clearly requires otherwise:\\n (a) \"Ambulatory care services\" shall mean ambulatory surgical\\nservices, diagnostic and treatment services, emergency services,\\nhospital outpatient services and physician services.\\n (b) \"Superintendent\" shall mean the superintendent of financial\\nservices.\\n (c) \"Third-party payor\" shall mean those payors within the payor\\ncategories specified in paragraphs (a) and (b) of subdivision one of\\nsection twenty-eight hundred seven-c of this article, except for\\npayments made for persons who are eligible as beneficiaries of title\\nXVIII of the federal social security act (medicare).\\n (d) \"Bill,\" other than a patient bill, shall include a claim form for\\na third-party payor.\\n 2. Uniform bills. (a) Notwithstanding any inconsistent provisions of\\nlaw, the commissioner shall, on or after July first, nineteen hundred\\nninety-five, develop a uniform patient bill for the purpose of providers\\nproviding a health care consumer with a patient bill for hospital and\\nhealth-related services, in consultation with the superintendent of\\nfinancial services, statewide organizations representative of providers\\nof hospital and health-related services, third-party payors as described\\nin paragraphs (a) and (b) of subdivision one of section two thousand\\neight hundred seven-c of this article, and representatives of health\\ncare consumers. Such patient bill shall be in such form and shall\\ncontain such information as may be required in accordance with rules and\\nregulations developed by the commissioner, provided that distinct\\nuniform patient bills may be developed for each type or level of\\nhealth-related service.\\n (b) No provider of hospital or health-related services shall provide a\\nhealth care consumer with any patient bill, on or after September first,\\nnineteen hundred ninety-five, for services provided to such consumer\\nexcept such uniform patient bill as developed by the commissioner\\npursuant to paragraph (a) of this subdivision.\\n (c) Notwithstanding any inconsistent provision of this article or any\\nother law, beginning on or after April first, nineteen hundred\\nninety-four, each general hospital providing inpatient services shall\\nuse a uniform data set, developed by the commissioner in consultation\\nwith representatives of providers and third-party payors, for the\\npurpose of billing a third-party payor for inpatient services containing\\nsuch information as may be required in accordance with rules and\\nregulations of the commissioner.\\n (d) Notwithstanding any inconsistent provision of this article or any\\nother law, beginning on or after September first, nineteen hundred\\nninety-four, each general hospital, diagnostic and treatment center, or\\nambulatory surgery center providing ambulatory care services shall use a\\nuniform bill, developed by the commissioner in consultation with\\nrepresentatives of providers and third-party payors, for the purpose of\\nbilling a third-party payor for ambulatory care services containing such\\ninformation as may be required in accordance with rules and regulations\\nof the commissioner.\\n (e) Notwithstanding any inconsistent provision of this article or any\\nother law, beginning on or after January first, nineteen hundred\\nninety-five, each physician providing physician services shall use a\\nuniform bill, developed by the commissioner in consultation with\\nrepresentatives of providers and third-party payors, for the purpose of\\nbilling a third-party payor for physician services containing such\\ninformation as may be required in accordance with rules and regulations\\nof the commissioner.\\n (f) Notwithstanding any inconsistent provision of this article or any\\nother law, the commissioner in consultation with the superintendent and\\nthe commissioner of social services shall establish procedures for\\nrequiring any payor for inpatient services, ambulatory care services or\\nphysician services making payment pursuant to the provisions of this\\nsection to utilize a uniform bill for patient services required pursuant\\nto paragraphs (c), (d) and (e) of this subdivision.\\n * 3. Fiscal intermediary. Notwithstanding any inconsistent provision\\nof law, the commissioner shall not enter into an agreement for a pilot\\nprogram which provides for among its purposes a single fiscal\\nintermediary for the processing of hospital bills in a region, unless\\nthe commissioner shall first notify the chairs of the senate and\\nassembly standing committees on health not less than one hundred\\ntwenty-days prior to entering into such agreement. Such notification\\nshall include, but need not be limited to, the following:\\n (a) the source of funding and anticipated expenditures for such\\nprogram;\\n (b) the geographic region and participants in such program;\\n (c) the nature and policy objectives of such program, including its\\nrelationship to long range policy objectives, and including but not\\nlimited to its relationship to establishing a universal health insurance\\ncoverage system;\\n (d) a discussion of the design, proposed implementation, and\\ntime-frames for such program; and\\n (e) a copy of any proposed agreements or other contractual\\narrangements relating to the program.\\n In the event the commissioner subsequently enters into an agreement\\nfor such a pilot program the commissioner shall promptly provide a copy\\nof such agreement to such chairs. The commissioner shall report every\\nsix months thereafter on the progress of implementation of such program\\nand provide a final evaluation of the program upon its conclusion.\\n * NB Expired July 1, 2017\\n 4. Electronic transfer of claims information. (a) Claims submitted to\\nthird-party payors for payment for inpatient hospital services provided\\nby a general hospital on or after April first, nineteen hundred\\nninety-four shall be submitted in electronic formats consistent with\\nthis section.\\n (b) Claims for payment made to third-party payors for ambulatory care\\nservices provided by a general hospital, diagnostic and treatment center\\nor ambulatory surgery center on or after January first, nineteen hundred\\nninety-five shall be submitted in electronic formats consistent with\\nthis section.\\n (c) Claims for payment made to third-party payors for physician\\nservices on or after July first, nineteen hundred ninety-five shall be\\nsubmitted in electronic formats consistent with this section.\\n (d) The provisions of this section shall not apply to claims for\\npayment to third-party payors for which the content, processing and\\npayment thereof are regulated solely by federal law or regulation,\\nprovided, however that such third-party payors may voluntarily\\nparticipate in the electronic submission of claims information.\\n (e) Consistent with their capabilities hospitals, diagnostic and\\ntreatment centers, physicians, other practitioners and third-party\\npayors may be permitted to elect to submit claims information\\nelectronically prior to the above dates.\\n (f) The commissioner shall delay or waive the implementation of this\\nsection in particular instances for diagnostic and treatment centers or\\npractitioners and, in consultation with the superintendent, third-party\\npayors where such diagnostic and treatment centers, practitioners or\\nthird-party payors have a small volume of services or business.\\n (g) The commissioner, in consultation with the superintendent and the\\ncommissioner of social services, shall establish procedures for\\nrequiring third-party payors to accept the electronic submission of\\nclaims information for inpatient or ambulatory care services made\\npursuant to the provision of this section.\\n 5. The commissioner, in consultation with the superintendent, shall\\nmake recommendations, to the legislature, by June thirtieth, nineteen\\nhundred ninety-four, for improving the efficiency of processing\\nelectronic claims by health care providers and third-party payors;\\nincluding but not limited, to the use of electronic claims\\nclearing-house.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2807-F", "title" : "Health maintenance organization payment factor", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2807-F", "activeDate" : "2014-09-22", "sequenceNo" : 1057, "repealedDate" : null, "fromSection" : "2807-F", "toSection" : "2807-F", "text" : " § 2807-f. Health maintenance organization payment factor. 1. For\\npurposes of this section, the following terms shall have the following\\nmeaning:\\n (a) \"HMO\" shall mean a health maintenance organization operating in\\naccordance with the provisions of article forty-four of this chapter or\\narticle forty-three of the insurance law.\\n (b) \"Medicaid\" shall mean the medical assistance program established\\npursuant to title eleven of article five of the social services law.\\n 2. For periods commencing on or after July first, nineteen hundred\\nninety-eight, an HMO payment factor shall be determined in accordance\\nwith subdivision three of this section. Such subdivision shall apply\\nduring the period July first, nineteen hundred ninety-eight through June\\nthirtieth, nineteen hundred ninety-nine; provided, however, that this\\nsection shall expire and be deemed repealed on and after the date on\\nwhich New York state is granted the authority, by federal waiver, agreed\\nupon by the state and the secretary of the federal department of health\\nand human services, or federal statute, to operate a mandatory medicaid\\nmanaged care program.\\n 3. (a) In recognition of the public benefits resulting from enrolling\\nmedicaid enrollees into managed care plans, HMOs are required to make a\\ngood faith effort to enroll medicaid recipients. A good faith effort\\nshall be defined as:\\n (i) submitting a reasonable bid in response to a state or county\\nprocurement process;\\n (ii) willingness to enter into reasonable managed care contracts with\\ncounties in its approved service area;\\n (iii) demonstrating a willingness to enroll medicaid recipients\\nincluding accepting referrals from counties, brokers and\\nauto-assignments; and\\n (iv) such other factors as may be established by the commissioner.\\n (b) In the event that an HMO has not made a good faith effort to\\nenroll medicaid recipients, the commissioner shall impose a payment\\nfactor of nine percent on payments to general hospitals for the calendar\\nyear by such HMO. The commissioner shall notify HMOs of any failure to\\nmake a good faith effort and the application of the payment factor by\\nNovember first preceding the applicable calendar year.\\n 4. (a) Each HMO on behalf of general hospitals shall pay into a\\nstatewide health maintenance organization pool created by the\\ncommissioner the factor established pursuant to subdivision two or three\\nand this subdivision for each patient discharged in the previous\\ncalendar month commencing with July first, nineteen hundred ninety-six\\nthrough December thirty-first, nineteen hundred ninety-nine or\\ncontracted hospital inpatient service obligations for periods on or\\nafter July first, nineteen hundred ninety-six through December\\nthirty-first, nineteen hundred ninety-nine. Funds accumulated in the\\npool, including income from invested funds, shall be deposited by the\\ncommissioner and credited to the general fund.\\n (b) Payments by HMOs to the pool shall be due on or before the\\nfifteenth day following the end of each month.\\n (c) (i) If a payment made for a month to which a payment factor\\napplies is less than ninety percent of the actual amount due for such\\nmonth, interest shall be due and payable to the commissioner by a health\\nmaintenance organization on the difference between the amount paid and\\nthe amount due from the day of the month the payment was due until the\\ndate of payment. The rate of interest shall be twelve percent per annum\\nor, if greater, at the rate of interest set by the commissioner of\\ntaxation and finance with respect to underpayments of tax pursuant to\\nsubsection (e) of section one thousand ninety-six of the tax law minus\\nfour percentage points. Interest under this paragraph shall not be paid\\nif the amount thereof is less than one dollar.\\n (ii) If a payment made for a month to which a payment factor applies\\nis less than seventy percent of the actual amount due for such month, a\\npenalty shall be due and payable to the commissioner by a health\\nmaintenance organization of five percent of the difference between the\\namount paid and the amount due for such month when the failure to pay is\\nfor a duration of not more than one month after the due date of the\\npayment with an additional five percent for each additional month or\\nfraction thereof during which such failure continues, not exceeding\\ntwenty-five percent in the aggregate.\\n (iii) Overpayment by a health maintenance organization of a payment\\nshall be applied to any other payment due pursuant to this section, or,\\nif no payment is due, at the election of the health maintenance\\norganization shall be applied to future payments or refunded to the\\nhealth maintenance organization. Interest shall be paid on overpayments\\nfrom the date of overpayment to the date of crediting or refund at the\\nrate determined in accordance with paragraph (a) of this subdivision\\nonly if the overpayment was made at the direction of the commissioner.\\nInterest under this paragraph shall not be paid if the amount thereof is\\nless than one dollar.\\n (d) The commissioner is authorized to contract with a pool\\nadministrator designated for purposes of administering pools pursuant to\\nsubdivision two-a of section twenty-eight hundred seven-c of this\\narticle as in effect on June thirtieth, nineteen hundred ninety-six, or\\nif not available such other administrators as the commissioner shall\\ndesignate, to receive and distribute health maintenance organization\\npool funds. In the event contracts are effectuated, the commissioner\\nshall conduct or cause to be conducted annual audits of the receipt and\\ndistribution of the pool funds. The reasonable costs and expenses of an\\nadministrator as approved by the commissioner, not to exceed for\\npersonnel services on an annual basis two hundred thousand dollars,\\nshall be paid from the pooled funds.\\n 5. Payment factors established pursuant to this section shall not\\napply to payments for subscribers who are eligible for medical\\nassistance pursuant to the social services law, participants in regional\\npilot projects established pursuant to chapter seven hundred three of\\nthe laws of nineteen hundred eighty-eight or successor insurance\\nprograms, and enrollees in the child health insurance program pursuant\\nto sections twenty-five hundred ten and twenty-five hundred eleven of\\nthis title.\\n 6. Notwithstanding any inconsistent provisions of the state\\nadministrative procedure act or any other provision of law, the\\ncommissioner is authorized to adopt or amend on an emergency basis any\\nregulation he or she determines necessary to implement this section.\\n 7. HMOs shall provide to the commissioner such information as the\\ncommissioner may require to effectuate the provisions of this section.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2807-G", "title" : "Health workforce retraining program", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2807-G", "activeDate" : "2014-09-22", "sequenceNo" : 1058, "repealedDate" : null, "fromSection" : "2807-G", "toSection" : "2807-G", "text" : " § 2807-g. Health workforce retraining program. 1. The commissioner\\nshall, to the extent of funds available therefor pursuant to section\\ntwenty-eight hundred seven-l of this article, make grants to eligible\\norganizations to support the training and retraining of health care\\nemployees to address changes in the health workforce. Requests for\\nproposals shall be issued by the commissioner within sixty days of the\\neffective date of this section in the first year after it shall take\\neffect, and by the first day of March in each succeeding year. All\\nproposals shall be due not later than sixty days after the issuance of\\nthe request for proposals, and all grant awards shall be made not later\\nthan one hundred twenty days after the date on which the proposals are\\ndue.\\n 2. Grants shall be made on a competitive basis by region, in\\naccordance with the amount raised in the region with preference within\\nregions given to areas and eligible organizations that have experienced\\nor are likely to experience job loss because of changes in the health\\ncare system. If, at the conclusion of the regional competitive contract\\naward process, there are excess funds available within any regional\\nallocation, such funds shall be redistributed to regions where there is\\na shortage of funds available for programs which otherwise qualify for\\nfunding pursuant to this section.\\n 3. Eligible organizations shall include health worker unions, general\\nhospitals, long-term care facilities, other health care facilities,\\nhealth care facilities trade associations, labor-management committees,\\njoint labor-management training funds established pursuant to the\\nprovisions of the Federal Taft-Hartley Act, and educational\\ninstitutions.\\n 4. Eligible programs shall include programs which provide one or more\\nof the following services in connection with training an eligible worker\\nto: (i) obtain a new position, (ii) continue to meet the requirements of\\nan existing position, or (iii) otherwise meet the requirements of the\\nchanging health care industry: (a) assessments to help determine\\ntraining needs; (b) remediation, including preparation in English for\\nspeakers or writers of other languages, instruction in basic reading or\\nmathematics, or completion of requirements for a general equivalency\\ndiploma (GED); (c) basic skills development; (d) reorientation; and (e)\\nskills and educational enhancement, including, where appropriate, the\\nprovision of college level or college degree course work. To the extent\\nthat an eligible program is providing services to train eligible workers\\nto obtain a new position or to continue to meet the requirements of an\\nexisting position only, reimbursement shall also be available to an\\neligible organization for the actual cost of any employment or\\nemployment-related expenses incurred by the eligible organization in\\nfulfilling the duties and responsibilities of such employees while they\\nare engaged in such training programs.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2807-I", "title" : "Service and quality improvement grants", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2807-I", "activeDate" : "2014-09-22", "sequenceNo" : 1059, "repealedDate" : null, "fromSection" : "2807-I", "toSection" : "2807-I", "text" : " § 2807-i. Service and quality improvement grants. 1. Grants to\\nfacilitate cooperative ventures for sharing administrative, management\\nand operational services. a. Notwithstanding any inconsistent provision\\nof law to the contrary, within amounts available therefor, the\\ncommissioner shall make grants pursuant to this subdivision to eligible\\napplicants to facilitate cooperative ventures for sharing\\nadministrative, management and operational services among general\\nhospitals and other health care providers. Funded projects shall include\\ntwo or more hospitals and may also include other health care providers\\nin coordination with those hospitals. Funded projects shall be designed\\nto demonstrate the extent to which such cooperative arrangements would\\nresult in a reduction in costs to the facilities involved.\\n b. In order to be eligible to receive a grant under this subdivision,\\napplicants shall prepare and submit to the commissioner a proposal at\\nsuch time, in such manner and containing such information as the\\ncommissioner may require, including:\\n (i) a statement that such providers desire to negotiate and enter into\\na voluntary agreement;\\n (ii) a description of the nature and scope of the activities\\ncontemplated in the cooperative agreement;\\n (iii) a description of the financial arrangement between the providers\\nthat are parties to the agreement;\\n (iv) a description of the geographic area generally served by the\\nproviders;\\n (v) a description of the anticipated benefits and advantages to\\nproviders and to health care consumers;\\n (vi) a description of how the proposal will be coordinated with the\\nregional health plan; and\\n (vii) any other information determined appropriate by the\\ncommissioner.\\n c. In awarding grants under this subdivision, the commissioner shall\\nassure that there is a sufficiently representative geographic and size\\ndistribution of grantees, including urban, rural and suburban grantees.\\n d. Amounts provided under a grant awarded under this subdivision shall\\nonly be used for the planning of cooperative ventures and shared\\nservices.\\n e. Grantees shall submit reports to the commissioner in such form and\\nat such times as the commissioner may by regulation require, for the\\npurpose of evaluating the operations and results of such program.\\n f. The commissioner in evaluating proposals pursuant to this section\\nshall give primary consideration to the financial condition of\\napplicants; provided however, that an applicant's financial condition\\nshall not be the sole grounds for approval or rejection.\\n 2. Management information systems grants. Notwithstanding any\\ninconsistent provision of law to the contrary, within amounts available\\ntherefor, the commissioner shall make grants pursuant to this\\nsubdivision to general hospitals, not to exceed two hundred thousand\\ndollars per hospital, for the purposes of expanding and improving their\\ninformation management capabilities. In order to be eligible for grants\\npursuant to this subdivision, general hospitals which have experienced\\noperating losses for the past two consecutive years, provided such\\noperating losses have been at least two percent of such hospital's\\noperating expenses, shall submit proposals which demonstrate that:\\n a. hospital management, productivity, and operations would be enhanced\\nby improvements to the hospital's current management information system\\ncapabilities;\\n b. the cost of providing services would be contained or patient access\\nto care or the quality of patient care would be improved;\\n c. such hospital's clinical, management and finance information\\nsystems would be integrated; and\\n d. cost finding and cost accounting capabilities would be enhanced.\\n 3. Continuous quality improvement grants. Grants shall be awarded to\\ngeneral hospitals, within amounts available therefor, to establish\\nprograms to improve quality assurance activities. Such programs shall\\nseek to promote and encourage continuous quality improvement by\\nintegrating traditional medical staff review functions with risk\\nmanagement and infection control activities. Grants shall be used to\\nsupport the following:\\n a. the establishment of a mission statement, an accompanying long term\\nstrategic plan and allocation of institutional resources which reflect\\nthe institution's commitment to continuous quality improvement;\\n b. the establishment of quality improvement activities which will\\nenhance all institutional processes, including clinical, managerial and\\nsupport functions;\\n c. activities which support a multidisciplinary collaborative approach\\nto quality improvement;\\n d. integration of management information systems to improve health\\ncare delivery; and\\n e. an educational program on continuous quality improvement to inform\\nstaff of the institution's mission and plan for quality.\\n 4. Equitable distribution. Funding shall as far as practicable be\\nequitably distributed among applicants in urban, suburban and rural\\nareas of the state.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2807-J", "title" : "Patient services payments", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2017-04-28", "2020-04-17", "2023-05-12", "2023-06-23", "2026-05-29" ], "docLevelId" : "2807-J", "activeDate" : "2017-04-28", "sequenceNo" : 1060, "repealedDate" : null, "fromSection" : "2807-J", "toSection" : "2807-J", "text" : " * § 2807-j. Patient services payments. 1. Payments to designated\\nproviders of services, as defined in paragraph (a) of subdivision one-a\\nof this section, by all payors, including the state governmental\\nagencies, corporations organized and operating in accordance with\\narticle forty-three of the insurance law, organizations operating in\\naccordance with the provisions of article forty-four of this chapter,\\nlocal governmental agencies, self-insured funds, commercial insurers,\\npayors pursuant to the comprehensive motor vehicle insurance reparations\\nact, the workers' compensation law, the volunteer firefighters' benefit\\nlaw and the volunteer ambulance workers' benefit law, and any other\\nrate, charge, or negotiated payment payor, for patient services provided\\nto persons who are not eligible for payments as beneficiaries of title\\nXVIII of the federal social security act (medicare) shall include a\\nsurcharge for an allowance on net patient service revenues in the\\npercentage amount and for the periods specified in subdivision two of\\nthis section. Any such allowance shall be submitted by or on behalf of\\ndesignated providers of services to the commissioner or the\\ncommissioner's designee in accordance with subdivision five of this\\nsection.\\n 1-a. Definitions. (a) \"Designated providers of services\", for purposes\\nof this section, shall mean providers of services in the following\\nclasses:\\n (i) general hospitals;\\n (ii) diagnostic and treatment centers that provide:\\n (A) a comprehensive range of primary health care services; or\\n (B) ambulatory surgical services; and\\n (iii) for periods prior to October first, two thousand, subject to the\\nprovisions of paragraph (d) of subdivision three of this section,\\nfree-standing clinical laboratories issued a permit pursuant to title\\nfive of article five of this chapter.\\n (b) \"Third-party coverage\", for purposes of this section, shall\\ninclude, but not be limited to: payments by a governmental agency,\\ninsurer, health maintenance organization, self-insured fund, or other\\nthird-party entity making payments on behalf of a patient; whether made\\ndirectly to a designated provider of services or indirectly as indemnity\\nor similar payments made to the patient (or patient's representative\\nsuch as parent or family member) for services provided by a designated\\nprovider of services, or through the use of payments made payable to\\nboth the designated provider of services and the patient or patient's\\nrepresentative, or similar devices.\\n (c) \"Third-party payors\", for purposes of this section, shall include,\\nbut not be limited to: governmental agencies; corporations organized and\\noperating in accordance with article forty-three of the insurance law;\\norganizations operating in accordance with the provisions of article\\nforty-four of this chapter; providers of coverage pursuant to the\\ncomprehensive motor vehicle insurance reparations act, the workers'\\ncompensation law, the volunteer firefighters' benefit law, and the\\nvolunteer ambulance workers' benefit law; self-insured funds and\\nadministrators acting on behalf of self-insured funds; and commercial\\ninsurers licensed to do business in this state and authorized to write\\naccident and health insurance and whose policy provides coverage on an\\nexpense incurred basis.\\n 2. (a) The total percentage allowance for any period during the period\\nJanuary first, nineteen hundred ninety-seven through December\\nthirty-first, nineteen hundred ninety-nine and on and after January\\nfirst, two thousand, for a designated provider of services applicable to\\na payor shall be determined in accordance with this subdivision and\\napplied to net patient service revenues.\\n (b) The total percentage allowance for each payor, other than\\ngovernmental agencies, or health maintenance organizations for services\\nprovided to subscribers eligible for medical assistance pursuant to\\ntitle eleven of article five of the social services law, or approved\\norganizations for services provided to subscribers eligible for the\\nfamily health plus program pursuant to title eleven-D of article five of\\nthe social services law, and other than payments for a patient that has\\nno third-party coverage in whole or in part for services provided by a\\ndesignated provider of services, shall be:\\n (i) the sum of (A) eight and eighteen-hundredths percent, provided,\\nhowever, that for services provided on and after July first, two\\nthousand three, the percentage shall be eight and eighty-five hundredths\\npercent, and further provided that for services provided on and after\\nJanuary first, two thousand six, the percentage shall be eight and\\nninety-five hundredths percent, and further provided that for services\\nprovided on and after April first, two thousand nine, the percentage\\nshall be nine and sixty-three hundredths percent, plus (B) twenty-four\\npercent, provided, however, that for services provided on and after July\\nfirst, two thousand three, the percentage shall be twenty-five and\\nninety-seven hundredths percent, and further provided that for services\\nprovided on and after January first, two thousand six, the percentage\\nshall be twenty-six and twenty-six hundredths percent, and further\\nprovided that for services provided on and after April first, two\\nthousand nine, the percentage shall be twenty-eight and twenty-seven\\nhundredths percent, and plus (C) for a specified third-party payor as\\ndefined in subdivision one-a of section twenty-eight hundred seven-s of\\nthis article the percentage allowance applicable for a general hospital\\nfor inpatient hospital services pursuant to subdivision two of section\\ntwenty-eight hundred seven-s of this article;\\n (ii) unless (A) an election in accordance with paragraph (a) of\\nsubdivision five of this section to pay the allowance directly to the\\ncommissioner or the commissioner's designee is in effect for a\\nthird-party payor, and in addition (B) for a specified third-party payor\\nan election to pay the assessment in accordance with section\\ntwenty-eight hundred seven-t of this article is in effect.\\n (c) If an election in accordance with subdivision five of this section\\nis in effect for a third-party payor and in addition in accordance with\\nsection twenty-eight hundred seven-t of this article for a specified\\nthird-party payor, the total percentage allowance factor shall be\\nreduced to eight and eighteen-hundredths percent, provided, however,\\nthat for services provided on and after July first, two thousand three\\nthe total percentage allowance factor shall be reduced to eight and\\neighty-five hundredths percent, and further provided that for services\\nprovided on and after January first, two thousand six, the total\\npercentage allowance factor shall be reduced to eight and ninety-five\\nhundredths percent, and further provided that for services provided on\\nand after April first, two thousand nine, the total percentage allowance\\nfactor shall be reduced to nine and sixty-three hundredths percent.\\n (d) The total percentage allowance for payments by governmental\\nagencies, as determined in accordance with paragraphs (a) and (a-1) of\\nsubdivision one of section twenty-eight hundred seven-c of this article\\nas in effect on December thirty-first, nineteen hundred ninety-six, or\\nhealth maintenance organizations for services provided to subscribers\\neligible for medical assistance pursuant to title eleven of article five\\nof the social services law, or approved organizations for services\\nprovided to subscribers eligible for the family health plus program\\npursuant to title eleven-D of article five of the social services law,\\nshall be five and ninety-eight-hundredths percent, provided, however,\\nthat for services provided on and after July first, two thousand three\\nthe total percentage allowance shall be six and forty-seven hundredths\\npercent, and further provided that for services provided on and after\\nJanuary first, two thousand six, the total percentage allowance shall be\\nsix and fifty-four hundredths percent, and further provided that for\\nservices provided on and after April first, two thousand nine, the total\\npercentage allowance shall be seven and four hundredths percent.\\n (e) The total percentage allowance for payments for services provided\\nby designated providers of services for which there is no third-party\\ncoverage in whole or in part shall be eight and eighteen-hundredths\\npercent, provided, however, that for services provided on and after July\\nfirst, two thousand three the total percentage allowance shall be eight\\nand eighty-five hundredths percent, and further provided that for\\nservices provided on and after January first, two thousand six, the\\ntotal percentage allowance shall be eight and ninety-five hundredths\\npercent, and further provided that for services provided on and after\\nApril first, two thousand nine, the total percentage allowance shall be\\nnine and sixty-three hundredths percent. This paragraph shall not apply\\nto patient deductibles and coinsurance amounts.\\n (f) The total percentage allowance for patient deductibles and\\ncoinsurance amounts shall be the same percentage allowance applicable to\\npayments by the primary third-party payor covering the patient in each\\ncase determined in accordance with paragraphs (a), (b) and (c) of this\\nsubdivision.\\n (g) The total percentage allowance for secondary third-party payors\\nunder coordination of benefits principles shall be the same percentage\\nallowance applicable to payments by the primary third-party payor in the\\ncase determined in accordance with paragraphs (a), (b) and (c) of this\\nsubdivision.\\n 3. Net patient service revenues, for purposes of this section, shall\\nmean:\\n (a) for general hospitals all moneys received for or on account of\\ninpatient hospital services, outpatient services (including referred\\nambulatory services), emergency services, ambulatory surgical services,\\nand other hospital or health-related services, including capitation\\npayments allocable to inpatient hospital services, outpatient services\\n(including referred ambulatory services), emergency services, ambulatory\\nsurgical services and other hospital or health-related services\\nexcluding services listed below, less refunds, for discharges occurring\\nor for visits made or services performed on or after January first,\\nnineteen hundred ninety-seven, or contracted service obligations for\\nperiods on or after January first, nineteen hundred ninety-seven\\nexcluding the following subject to the provisions of subdivision eleven\\nof this section:\\n (i) revenue received for services provided to beneficiaries of title\\nXVIII of the federal social security act (medicare);\\n (ii) revenue received by a general hospital for residential health\\ncare facility services, adult day care services, hospice services, and\\nhome care services;\\n (iii) revenue received from the allowances pursuant to this section\\nand section twenty-eight hundred seven-s of this article;\\n (iv) revenue received from bad debt and charity care and indigent care\\nrate adjustments and pool distributions pursuant to section twenty-eight\\nhundred seven-c of this article, general hospital indigent care pool\\ndistributions pursuant to section twenty-eight hundred seven-k of this\\narticle, health care services pool distributions pursuant to section\\ntwenty-eight hundred seven-c of this article, health care initiatives\\npool distributions pursuant to section twenty-eight hundred seven-l of\\nthis article, professional education pool distributions pursuant to\\nsection twenty-eight hundred seven-m of this article, tobacco control\\nand insurance initiatives pool distributions pursuant to section\\ntwenty-eight hundred seven-v of this article, and high need indigent\\ncare adjustment pool distributions pursuant to section twenty-eight\\nhundred seven-w of this article, provided, however, that funds received\\nas medical assistance payments which include state share amounts\\nauthorized pursuant to section twenty-eight hundred seven-v of this\\narticle that are not disproportionate share hospital payments shall be\\nincluded within the meaning of net patient service revenue for the\\npurposes of this section;\\n (v) revenue received from physician practice or faculty practice plan\\ndiscrete billings for physician services;\\n (vi) revenue received by a general hospital from a public hospital\\npursuant to an affiliation agreement contract for the delivery of health\\ncare services to such public hospital;\\n (vii) revenue received from governmental deficit financing;\\n (viii) subject to the provisions of paragraph (d) of this subdivision,\\nrevenue received for or on account of referred ambulatory clinical\\nlaboratory visits made or services performed on and after October first,\\ntwo thousand.\\n (b) for diagnostic and treatment centers providing services designated\\nin subparagraph (ii) of paragraph (a) of subdivision one-a of this\\nsection all moneys received, including capitation payments allocable to\\ndiagnostic and treatment center services otherwise covered by the\\nassessment, less refunds, for or on account of visits made or services\\nperformed on or after January first, nineteen hundred ninety-seven or\\ncontracted service obligations for periods on or after January first,\\nnineteen hundred ninety-seven:\\n (i) for the following services:\\n (A) for diagnostic and treatment centers providing a comprehensive\\nrange of primary health care services, for all services;\\n (B) for diagnostic and treatment centers providing ambulatory surgical\\nservices, for all ambulatory surgical services;\\n (ii) excluding the following subject to the provisions of subdivision\\neleven of this section:\\n (A) revenue received for services provided to beneficiaries of title\\nXVIII of the federal social security act (medicare);\\n (B) revenue received from the allowances pursuant to this section;\\n (C) revenue received from bad debt and charity care rate adjustments\\npursuant to paragraph (f) of subdivision two of section twenty-eight\\nhundred seven of this article, health care services pool distributions\\npursuant to section twenty-eight hundred seven-c of this article, health\\ncare initiatives pool distributions pursuant to section twenty-eight\\nhundred seven-l of this article, professional education pool\\ndistributions pursuant to section twenty-eight hundred seven-m of this\\narticle, tobacco control and insurance initiatives pool distributions\\npursuant to section twenty-eight hundred seven-v of this article, and\\nhigh need indigent care adjustment pool distributions pursuant to\\nsection twenty-eight hundred seven-w of this article;\\n (D) revenue received from physician practice or faculty practice plan\\ndiscrete billings for physician services;\\n (E) for a diagnostic and treatment center operated by a health\\nmaintenance organization operating in accordance with the provisions of\\narticle forty-four of this chapter or article forty-three of the\\ninsurance law, revenue received for or on account of services provided\\nto subscribers of such health maintenance organization;\\n (F) revenue received from governmental deficit financing; and\\n (G) subject to the provisions of paragraph (d) of this subdivision,\\nrevenue received for or on account of referred clinical laboratory\\nvisits made or services performed on and after October first, two\\nthousand.\\n (c) for free-standing clinical laboratories, all moneys received,\\nincluding capitation payments, less refunds, for or on account of visits\\nmade or services performed on or after January first, nineteen hundred\\nninety-seven and prior to October first, two thousand, subject to the\\nprovisions of paragraph (d) of this subdivision, or contracted service\\nobligations for periods on or after January first, nineteen hundred\\nninety-seven and prior to October first, two thousand, subject to the\\nprovisions of paragraph (d) of this subdivision, for clinical laboratory\\nservices, excluding, subject to the provisions of subdivision eleven of\\nthis section:\\n (i) revenue received for services provided to beneficiaries of title\\nXVIII of the federal social security act (medicare);\\n (ii) revenue received from the allowances pursuant to this section;\\n (iii) for a clinical laboratory operated by a health maintenance\\norganization operating in accordance with the provisions of article\\nforty-four of this chapter or article forty-three of the insurance law,\\nrevenue received for or on account of services provided to subscribers\\nof such health maintenance organization; and\\n (iv) revenue received from governmental deficit financing.\\n (d) Provided, however, that if either the provisions of clause (G) of\\nsubparagraph (ii) of paragraph (b) of this subdivision or subparagraph\\n(viii) of paragraph (a) of this subdivision which exclude certain\\nrevenues from the definition of net patient service revenues for the\\npurpose of imposing surcharges pursuant to this section, result in a\\ndetermination of an impermissible provider tax by the secretary of the\\nU.S. department of health and human services under the provisions of\\nsection 1903(w) of the federal social security act, then clause (G) of\\nsubparagraph (ii) of paragraph (b) of this subdivision, subparagraph\\n(viii) of paragraph (a) of this subdivision, and sections forty-eight\\nand forty-nine of chapter one of the laws of nineteen hundred\\nninety-nine are rendered null and void as of October first, two\\nthousand. The commissioner will collect any retroactive amounts due as a\\nresult of surcharges imposed on such services on and after October\\nfirst, two thousand, without interest or penalty.\\n 4. (a) For periods prior to January first, two thousand five, the\\ncommissioner is authorized to contract with the article forty-three\\ninsurance law plans, or such other contractors as the commissioner shall\\ndesignate, to receive and distribute funds from the allowances\\nestablished pursuant to this section, and funds from the assessments\\nestablished pursuant to subdivision eighteen of section twenty-eight\\nhundred seven-c of this article. In the event contracts with the article\\nforty-three insurance law plans or other commissioner's designees are\\neffectuated, the commissioner shall conduct annual audits of the receipt\\nand distribution of the funds. The reasonable costs and expenses of an\\nadministrator as approved by the commissioner, not to exceed for\\npersonnel services on an annual basis two million two hundred thousand\\ndollars for collection and distribution of allowances and assessments\\nestablished pursuant to this section and subdivision eighteen of section\\ntwenty-eight hundred seven-c of this article, shall be paid from the\\nallowance and assessment funds.\\n (b) Notwithstanding any inconsistent provision of section one hundred\\ntwelve or one hundred sixty-three of the state finance law or any other\\nlaw, at the discretion of the commissioner without a competitive bid or\\nrequest for proposal process, contracts in effect for administration of\\nbad debt and charity care pools for the period January first, nineteen\\nhundred ninety-six through December thirty-first, nineteen hundred\\nninety-six pursuant to section twenty-eight hundred seven-c of this\\narticle may be extended to provide for administration pursuant to this\\nsection and distributions of allowance and assessment funds pursuant to\\nthis article and may be amended as may be necessary.\\n (c) The commissioner shall contract with an independent certified\\npublic accountant to conduct an annual independent audit, in conformance\\nwith generally accepted auditing standards, of the receipts,\\ndisbursements, revenues, expenditures and cash flows of funds, for each\\ncalendar year beginning with nineteen hundred eighty-three, through the\\nmost recent calendar year. As used in this section, \"funds\" shall mean:\\n (i) Funds accumulated and pooled pursuant to this section, paragraph\\n(a) of subdivision eighteen of section twenty-eight hundred seven-c of\\nthis article, and sections twenty-eight hundred seven-s and twenty-eight\\nhundred seven-t of this article; and\\n (ii) Funds accumulated and pooled pursuant to chapters five hundred\\nthirty-six, five hundred thirty-seven and five hundred thirty-eight of\\nthe laws of nineteen hundred eighty-two, chapters eight hundred seven\\nand nine hundred six of the laws of nineteen hundred eighty-five,\\nchapters two and six hundred five of the laws of nineteen hundred\\neighty-eight, chapters nine hundred twenty-two and nine hundred\\ntwenty-three of the laws of nineteen hundred ninety, chapter seven\\nhundred thirty-one of the laws of nineteen hundred ninety-three and\\nchapter eighty-one of the laws of nineteen hundred ninety-five.\\n Such annual independent audit shall be submitted to the director of\\nthe budget, the temporary president of the senate and the speaker of the\\nassembly no later than April fifteenth of each year.\\n 5. (a) Any third-party payor for services provided by a designated\\nprovider of services may make an election to make payments on an\\naggregated basis of funds due from the allowance determined pursuant to\\nsubdivision two of this section directly to the commissioner or the\\ncommissioner's designee on behalf of designated providers of services.\\n (i) The election pursuant to this paragraph to be effective must be in\\nwriting, filed with the commissioner or the commissioner's designee on\\nsuch forms and in such manner as the commissioner shall require. An\\nelection must apply to all classes of designated providers of service\\nand to all providers within each class. An election by a payor shall\\ntake effect for nineteen hundred ninety-seven, on the next following\\nJanuary first, April first, July first, or October first, and for each\\ncalendar year thereafter on the next following January first, not less\\nthan thirty days after the election is filed. Beginning December first,\\nnineteen hundred ninety-seven, an election pursuant to this paragraph\\nmust be made no later than December first of the year prior to the\\nassessment year. However, any payor licensed pursuant to the insurance\\nlaw or certified pursuant to article forty-four of this chapter between\\nDecember first of the year prior to the assessment year and December\\nthirty-first of the assessment year may make an election subsequent to\\nsuch licensure, and during said time period, to take effect on the next\\nfollowing January first, April first, July first or October first not\\nless than thirty days after such election is filed. Payors other than\\nthose licensed pursuant to the insurance law or certified pursuant to\\nthis chapter which have not provided third-party coverage prior to\\nDecember first of the year prior to the assessment year may make an\\nelection at any time from December first of the year prior to said\\nassessment year to December thirty-first of the assessment year, to take\\neffect on the next following January first, April first, July first or\\nOctober first not less than thirty days after the election is filed.\\nBeginning June first, two thousand three an election by any payor or\\norganization shall begin on the first day of the month following the\\ndate it was received by the commissioner.\\n (ii) An election shall remain in effect unless revoked in writing by a\\nspecified third-party payor, which revocation shall be effective on the\\nfirst day of the next month, provided that such payor has provided\\nnotice of its intention to so revoke at least twenty days prior to the\\nbeginning of such month.\\n (iii) A payor filing an election pursuant to this paragraph must\\nagree:\\n (A) to provide reports in accordance with the provisions of paragraph\\n(b) of subdivision seven of this section;\\n (B) to provide such certification of data and access to allowance\\nexpenditure data for audit verification purposes as the commissioner\\nshall require for purposes of this section; and\\n (C) to the jurisdiction of the state to maintain an action in the\\ncourts of the state of New York to enforce any provision of this section\\nrelated to payment of the allowances.\\n (D) for periods on and after January first, two thousand nine, to\\nprovide the commissioner or the commissioner's designee the payor's\\nfederal tax identification number and agree to the use of such\\nidentification number in connection with identifying the payor's\\nelection status to designated providers of services, including the\\nposting of such identification numbers on secure websites maintained by\\nthe commissioner or the commissioner's designee in furtherance of the\\npurposes of this section. The commissioner shall include for periods on\\nand after January first, two thousand nine on such secure websites, the\\ndate such payor was first posted.\\n (iv) If a payor is acting in an administrative services capacity on\\nbehalf of an organization, such as a self-insured fund, the consent of\\nthe organization to the election and the conditions pursuant to\\nsubparagraph (iii) of this paragraph must be submitted with the\\nelection. Such consent may be set forth in writing in the agreement\\nbetween the payor and the organization and a photocopy of that portion\\nof the agreement submitted by the payor, together with a photocopy of\\nthe signatures of the organization and the payor on the agreement, shall\\nbe accepted in lieu of a separate election form from the organization.\\nOn and after January first, two thousand four, the commissioner shall\\nhave discretion to accept payments made on a timely basis if the reports\\nand information reports are routinely submitted, notwithstanding the\\nfact that the full and complete election form by or on behalf of an\\norganization was not filed on a timely basis. In the event the\\ncommissioner accepts payments pursuant to this section where an election\\nform is missing or incomplete but the payments and information reports\\nwere routinely submitted as if the election forms had been filed, the\\nelection form from the payor and organization shall be deemed to have\\nbeen filed (and the organization and the payor shall be as legally bound\\nby the terms of the election form as if it had signed and filed the\\nelection) and neither the payor nor the organization shall subsequently\\nrefuse to abide by the terms of the election form for any year in which\\npayments were submitted and accepted pursuant to this section.\\n (v) If a payor, including a payor operating in accordance with the\\ninsurance law or article forty-four of this chapter, making an election\\npursuant to this paragraph is acting in an administrative services\\ncapacity on behalf of an organization or organizations, such payor must\\nspecify whether such election applies to payments on behalf of all such\\norganizations and establish, in accordance with guidelines established\\nby the superintendent of financial services, a system through which\\ndesignated providers of services and the commissioner can identify the\\nstatus of a patient as a patient for whom the election does not apply.\\n (b) The commissioner may deny a payor the opportunity to remit\\ndirectly to the commissioner or the commissioner's designee based on\\nrepeated late payments, failure to remit correct amounts, or failure to\\nprovide adequate verification of the accuracy of payments. The\\npercentage allowance for any such payor shall be the percentage\\ndetermined in accordance with paragraph (b) of subdivision two of this\\nsection.\\n (c) The commissioner or the commissioner's designee shall make\\navailable to all designated providers of services a list of the payors\\nwhich have elected pursuant to this paragraph to remit payments\\ndirectly.\\n 5-a. (a) Payments by or on behalf of designated providers of services\\nto the commissioner or the commissioner's designee of funds due from the\\nallowances pursuant to subdivision two of this section or pursuant to\\npayment obligations incurred pursuant to section twenty-eight hundred\\nseven-s of this article or section twenty-eight hundred seven-t of this\\narticle shall be made on a monthly basis, provided, however, that for\\nreporting periods relating to payments for services provided or dates of\\ninpatient discharge or contracted service obligations occurring on or\\nafter January first, two thousand one, the commissioner may permit\\ncertain third-party payors which have at least one full year of pool\\npayment experience to submit such payments on an annual basis, based on\\nan annual demonstration by a payor through its prior year's pool payment\\nexperience that total pool obligations under this section and sections\\ntwenty-eight hundred seven-s and twenty-eight hundred seven-t of this\\narticle are not expected to exceed ten thousand dollars for annual\\nperiods prior to January first, two thousand four, and twenty-five\\nthousand dollars for annual periods on and after January first, two\\nthousand four. Payments due by designated providers of services on\\naccount of payors in accordance with paragraph (b) of subdivision two of\\nthis section shall be two percentage points less than the percentage\\nspecified in such paragraph. The designated provider of services shall\\nretain for compensation for such provider's administrative\\nresponsibilities the amount that represents the difference. Payments due\\nby designated providers of services on account of all other payors shall\\nbe calculated on the basis of the percentage allowance applicable to\\nsuch payor pursuant to paragraphs (d), (e), (f) and (g) of subdivision\\ntwo of this section. Payments shall be due on or before the thirtieth\\nday following the end of a calendar month to which an allowance applies.\\n (b) Notwithstanding any inconsistent provision of this section, as\\nshall be necessary to obtain federal financial participation in medical\\nassistance expenditures in accordance with title XIX of the federal\\nsocial security act, the allowances included in rates of payment\\npursuant to this section on behalf of patients eligible for medical\\nassistance pursuant to title eleven of article five of the social\\nservices law shall be withheld from medical assistance payments to\\ndesignated providers of services and paid to pools on behalf of the\\ndesignated provider of services where a designated provider of services\\nelects such withholding in such time and manner as specified by the\\ncommissioner, and in the event a designated provider of services does\\nnot elect such withholding, payments by such designated provider of\\nservices to a pool based on an allowance received for medical assistance\\npatients shall be due within five days of receipt of such funds. Funds\\nwithheld by a payor and paid to a pool on behalf of a designated\\nprovider of services shall be considered received by such designated\\nprovider of services and paid to the pool by such designated provider of\\nservices for all purposes.\\n 6. (a) If a payment made by a designated provider of services for a\\nmonth to which an allowance applies is less than seventy percent of the\\namount due or which the commissioner estimates is due, based on\\navailable financial and statistical data, the commissioner may collect\\nthe deficiency pursuant to paragraph (c) of this subdivision.\\n (b) If a payment made by a designated provider of services for a month\\nto which an allowance applies is less than ninety percent of the amount\\ndue or which the commissioner estimates is due, based on available\\nfinancial and statistical data, and at least two previous payments\\nwithin the preceding six months were less than ninety percent of the\\namount due, based on similar evidence, the commissioner may collect the\\ndeficiency pursuant to paragraph (c) of this subdivision.\\n (c) Upon receipt of notification from the commissioner of a designated\\nprovider of services' deficiency under this section, the comptroller or\\na fiscal intermediary designated by the director of the budget, or the\\ncommissioner of the office of temporary and disability assistance, or a\\ncorporation organized and operating in accordance with article\\nforty-three of the insurance law, or an organization operating in\\naccordance with article forty-four of this chapter shall withhold from\\nthe amount of any payment to be made by the state or by such article\\nforty-three corporation or article forty-four organization to the\\ndesignated provider of services the amount of the deficiency determined\\nunder paragraph (a), (b) or (e) of this subdivision or paragraph (d) of\\nsubdivision eight-a of this section. Upon withholding such amount, the\\ncomptroller or a designated fiscal intermediary, or the commissioner of\\nthe office of temporary and disability assistance, or corporation\\norganized and operating in accordance with article forty-three of the\\ninsurance law or organization operating in accordance with article\\nforty-four of this chapter shall pay the commissioner, or the\\ncommissioner's designee, such amount withheld on behalf of the\\ndesignated provider of services. Such amount shall represent, in whole\\nor in part, the amounts due from the designated provider of services.\\n (d) The commissioner shall provide a designated provider of services\\nwith notice of any estimate of an amount due for an allowance pursuant\\nto paragraph (a) or (b) of this subdivision or paragraph (d) of\\nsubdivision eight-a of this section at least three days prior to\\ncollection of such amount by the commissioner. Such notice shall contain\\nthe financial basis for the commissioner's estimate.\\n (e) In the event a designated provider of services objects to an\\nestimate by the commissioner pursuant to paragraph (a) or (b) of this\\nsubdivision or paragraph (d) of subdivision eight-a of this section of\\nthe amount due for an allowance, the designated provider of services,\\nwithin sixty days of notice of an amount due, may request a public\\nhearing. If a hearing is requested, the commissioner shall provide the\\ndesignated provider of services an opportunity to be heard and to\\npresent evidence bearing on the amount due for an allowance within\\nthirty days after collection of an amount due or receipt of a request\\nfor a hearing, whichever is later. An administrative hearing is not a\\nprerequisite to seeking judicial relief.\\n (f) The commissioner may direct that a hearing be held without any\\nrequest by a designated provider of services.\\n (g) In the event a hearing pursuant to paragraph (e) of this\\nsubdivision is not requested and the delinquent amounts in question have\\nbeen referred for recoupment or offset pursuant to paragraph (c) of this\\nsubdivision, or have been referred to the office of the attorney general\\nfor collection, the amount of such delinquencies shall be deemed final\\nand not subject to further revision or reconciliation by the\\ncommissioner based on any additional reports or other information\\nsubmitted by the designated provider of services, provided, however,\\nthat such delinquencies shall not be referred for such recoupment or for\\nsuch collection based on estimated amounts unless the hospital has\\nreceived written notification of such delinquencies and has been given\\nno less than thirty days in which to submit delinquent reports.\\n 7. (a) (i) Every designated provider of services shall submit reports\\nof net patient service revenues received for or on account of patient\\nservices for each month which shall be in such form as may be prescribed\\nby the commissioner to accurately disclose information required to\\nimplement this section. For periods on and after January first, two\\nthousand five, reports by designated providers of services shall be\\nsubmitted electronically in a form as may be required by the\\ncommissioner; provided, however, any designated provider of services is\\nnot prohibited from submitting reports electronically on a voluntary\\nbasis prior to such date, and provided further, however, that all such\\nelectronic submissions submitted on and after July first, two thousand\\ntwelve shall be verified with an electronic signature as prescribed by\\nthe commissioner.\\n (ii) For periods on and after January first, two thousand nine, every\\ndesignated provider of services shall provide the commissioner or\\ncommissioner's designee with its federal tax identification number and\\nsuch identification number shall be used in connection with identifying\\nsuch providers for purposes pursuant to this section, including the\\nposting of such identification numbers on secure websites maintained by\\nthe commissioner or the commissioner's designee in furtherance of the\\npurposes of this section. The commissioner shall include for periods on\\nand after January first, two thousand nine on such secure websites, the\\ndate such designated provider of services was first posted. In addition,\\nthe commissioner shall, as a part of a final resolution of an audit\\nconducted pursuant to subdivision eight-a of this section, waive payment\\nof interest and penalties otherwise applicable pursuant to subdivision\\neight of this section, when the audit findings conclusively indicate\\nthat the liability for such interest and penalties are the result of a\\ndelay in the listing of a new designated provider of services on the\\nsecure website maintained by the department.\\n (b) (i) Every third-party payor making an election in accordance with\\nparagraph (a) of subdivision five of this section shall submit reports\\nof patient service expenditures for services provided by designated\\nproviders of services for each month which shall be in such form as may\\nbe prescribed by the commissioner to accurately disclose information\\nrequired to implement this section, provided, however, that for\\nreporting periods relating to payments for services provided or dates of\\ninpatient discharge or contracted service obligations occurring on or\\nafter January first, two thousand one, the commissioner may permit\\ncertain third-party payors which have at least one full year of pool\\npayment experience to submit such reports on an annual basis, based on\\nan annual demonstration by a payor through its prior year's pool payment\\nexperience that total pool obligations under this section and sections\\ntwenty-eight hundred seven-s and twenty-eight hundred seven-t of this\\narticle are not expected to exceed ten thousand dollars for annual\\nperiods prior to January first, two thousand four, and twenty-five\\nthousand dollars for annual periods on and after January first, two\\nthousand four.\\n (ii) For periods on and after July first, two thousand four, reports\\nsubmitted on a monthly basis by third-party payors in accordance with\\nsubparagraph (i) of this paragraph and reports submitted on a monthly or\\nannual basis by payors acting in an administrative services capacity on\\nbehalf of electing third-party payors in accordance with subparagraph\\n(i) of this paragraph shall be made electronically in a form as may be\\nrequired by the commissioner; provided, however, any third-party payor,\\nexcept payors acting in an administrative services capacity on behalf of\\nelecting third-party payors, which, on or after January first, two\\nthousand four, elects to make payments directly to the commissioner or\\nthe commissioner's designee pursuant to subdivision five of this\\nsection, shall be subject to this subparagraph only after one full year\\nof pool payment experience which results in reports being submitted on a\\nmonthly basis, and provided further, however, that all such electronic\\nsubmissions submitted on and after July first, two thousand twelve shall\\nbe verified with an electronic signature as prescribed by the\\ncommissioner. This subparagraph shall not be interpreted to prohibit any\\nthird-party payor from submitting reports electronically on a voluntary\\nbasis.\\n (c) If a designated provider of services or a third-party payor fails\\nto file reports required pursuant to paragraph (a) or (b) of this\\nsubdivision and which are due on and after January first, two thousand,\\nwithin sixty days of the date such reports are due and after\\nnotification of such reporting delinquency, the commissioner may assess\\na civil penalty of up to ten thousand dollars for each such failure,\\nprovided, however, that such civil penalty shall not be imposed if the\\npayor or provider demonstrates good cause for the failure to timely file\\nsuch reports. Such penalties shall be subject to the provisions of\\nsection twelve-a of this chapter.\\n 8. (a) If a payment made pursuant to this section or to section\\ntwenty-eight hundred seven-s or twenty-eight hundred seven-t of this\\narticle for a month to which an allowance applies is less than ninety\\npercent of the amount due or which the commissioner estimates, based on\\navailable financial and statistical data, is due for such month,\\ninterest shall be due and payable to the commissioner by a designated\\nprovider of services, or by a third-party payor, other than a state\\ngovernmental agency, that has elected to pay an allowance directly, on\\nthe difference between the amount paid and the amount due or estimated\\nto be due from the day of the month the payment was due until the date\\nof payment. The rate of interest shall be twelve percent per annum or,\\nif greater, at the rate of interest set by the commissioner of taxation\\nand finance with respect to underpayments of tax pursuant to subsection\\n(e) of section one thousand ninety-six of the tax law minus four\\npercentage points. Interest under this paragraph shall not be paid if\\nthe amount thereof is less than one dollar. Interest due from a\\ndesignated provider of services, if not paid by the due date of the\\nfollowing month's payment, may be collected by the commissioner pursuant\\nto paragraph (c) of subdivision six of this section in the same manner\\nas an allowance pursuant to subdivision two of this section.\\n (b) If a payment made for a month to which an allowance applies is\\nless than seventy percent of the amount due or which the commissioner\\nestimates, based on available financial and statistical data, is due for\\nsuch month, a penalty shall be due and payable to the commissioner by a\\ndesignated provider of services, or by a third-party payor, other than a\\nstate governmental agency, that has elected to pay an allowance\\ndirectly, of five percent of the difference between the amount paid and\\nthe amount due or estimated to be due for such month when the failure to\\npay is for a duration of not more than one month after the due date of\\nthe payment with an additional five percent for each additional month or\\nfraction thereof during which such failure continues, not exceeding\\ntwenty-five percent in the aggregate. A penalty due from a designated\\nprovider of services may be collected by the commissioner pursuant to\\nparagraph (c) of subdivision six of this section in the same manner as\\nan allowance pursuant to subdivision two of this section.\\n (c) Overpayment by or on behalf of a designated provider of services\\nof a payment shall be applied to any other payment due from the\\ndesignated provider of services pursuant to this section, or, if no\\npayment is due, at the election of the designated provider of services\\nshall be applied to future payments or refunded to the designated\\nprovider of services. Interest shall be paid on overpayments from the\\ndate of overpayment to the date of crediting or refund at the rate\\ndetermined in accordance with paragraph (a) of this subdivision only if\\nthe overpayment was made at the direction of the commissioner. Interest\\nunder this paragraph shall not be paid if the amount thereof is less\\nthan one dollar.\\n 8-a. (a) Payments and reports submitted or required to be submitted\\nto the commissioner or to the commissioner's designee pursuant to this\\nsection and section twenty-eight hundred seven-s of this article by\\ndesignated providers of services and by third-party payors which have\\nelected to make payments directly to the commissioner or to the\\ncommissioner's designee in accordance with subdivision five-a of this\\nsection, shall be subject to audit by the commissioner for a period of\\nsix years following the close of the calendar year in which such\\npayments and reports are due, after which such payments shall be deemed\\nfinal and not subject to further adjustment or reconciliation, including\\nthrough offset adjustments or reconciliations made by designated\\nproviders of services or by third-party payors with regard to subsequent\\npayments, provided, however, that nothing herein shall be construed as\\nprecluding the commissioner from pursuing collection of any such\\npayments which are identified as delinquent within such six year period,\\nor which are identified as delinquent as a result of an audit commenced\\nwithin such six year period, or from conducting an audit of any\\nadjustment or reconciliation made by a designated provider of services\\nor by a third party payor which has elected to make such payments\\ndirectly to the commissioner or the commissioner's designee, or from\\nconducting an audit of payments made prior to such six year period which\\nare found to be commingled with payments which are otherwise subject to\\ntimely audit pursuant to this section.\\n (b) Designated providers of services or third-party payors which, in\\nthe course of an audit pursuant to this section or section twenty-eight\\nhundred seven-s of this article, fail to produce data or documentation\\nrequested in furtherance of such an audit, within thirty days of such\\nrequest, may be assessed a civil penalty of up to ten thousand dollars\\nfor each such failure, provided, however, that such civil penalty shall\\nnot be imposed if the audited entity demonstrates good cause for such\\nfailure. The imposition of civil penalties pursuant to this section\\nshall be subject to the provisions of section twelve-a of this chapter.\\n (c) Records required to be retained for audit verification purposes by\\ndesignated providers of services and third-party payors in accordance\\nwith this section and section twenty-eight hundred seven-s of this\\narticle shall include, but not be limited to, on a monthly basis, the\\nsource records generated by supporting information systems, detailed\\nclaims information, detailed patient revenue information, capitation\\narrangements, financial accounting records, relevant correspondence and\\nsuch other records as may be required to prove compliance with, and to\\nsupport the reports submitted in accordance with, this section and\\nsection twenty-eight hundred seven-s of this article.\\n (d) If a designated provider of services or a third party payor fails\\nto produce data or documentation requested in furtherance of an audit\\npursuant to this section or pursuant to section twenty-eight hundred\\nseven-s of this article, for a month to which an allowance applies, the\\ncommissioner may estimate, based on available financial and statistical\\ndata as determined by the commissioner, the amount due for such month.\\nIf the impact of the patient services revenue exemptions specified\\npursuant to this section, or pursuant to section twenty-eight hundred\\nseven-s of this article, cannot be determined from such available\\nfinancial and statistical data, the amount due may be calculated on the\\nbasis of the aggregate total of patient services revenue derived from\\nsuch data for the year subject to audit. The commissioner shall take all\\nnecessary steps to collect amounts due as determined pursuant to this\\nparagraph, including directing the state comptroller to offset such\\namounts due from any payments made by the state pursuant to this article\\nto a designated provider of services or a third party payor. Interest\\nand penalties shall be applied to such amounts due in accordance with\\nthe provisions of subdivision eight of this section.\\n (e) The commissioner may, as part of a final resolution of an audit\\nconducted pursuant to this subdivision, waive payment of interest and\\npenalties otherwise applicable pursuant to subdivision eight of this\\nsection when amounts due as a result of such audit, other than such\\nwaived penalties and interest, are paid in full to the commissioner or\\nthe commissioner's designee within sixty days of the issuance of a final\\naudit report that is mutually agreed to by the commissioner and auditee,\\nprovided, however, that if such final audit report is not so mutually\\nagreed upon, then neither the commissioner nor the auditee shall have\\nany obligations pursuant to this paragraph.\\n (f) The commissioner may enter into agreements with designated\\nproviders of services, and with third-party payors, in regard to which\\naudit findings or prior settlements have been made pursuant to this\\nsection or section twenty-eight hundred seven-s of this article,\\nextending and applying such audit findings or prior settlements, or a\\nportion thereof, in settlement and satisfaction of potential audit\\nliabilities for subsequent un-audited periods. The commissioner may\\nreduce or waive payment of interest and penalties otherwise applicable\\nto such subsequent unaudited periods when such amounts due as a result\\nof such agreement, other than reduced or waived penalties and interest,\\nare paid in full to the commissioner or the commissioner's designee\\nwithin sixty days of execution of such agreement by all parties to the\\nagreement. Any payments made pursuant to agreements entered into in\\naccordance with this paragraph shall be deemed to be in full\\nsatisfaction of any liability arising under this section and section\\ntwenty-eight hundred seven-s of this article, as referenced in such\\nagreements and for the time periods covered by such agreements,\\nprovided, however, that the commissioner may audit future retroactive\\nadjustments to payments made for such periods based on reports filed by\\nproviders and payors subsequent to such agreements.\\n 9. Funds accumulated, including income from invested funds, from the\\nallowances specified in this section, and the assessments pursuant to\\nsubdivision eighteen of section twenty-eight hundred seven-c of this\\narticle, and the assessments pursuant to paragraph (c) of subdivision\\nnine of section twenty-eight hundred seven-d of this article, plus such\\nfunds as may be allocated in accordance with section twenty-eight\\nhundred seven-s of this article, including interest and penalties, shall\\nbe deposited by the commissioner or the commissioner's designee as\\nfollows:\\n (a) funds shall be deposited and credited to a special revenue-other\\nfund to be established by the comptroller or to the health care reform\\nact (HCRA) resources fund established pursuant to section ninety-two-dd\\nof the state finance law, whichever is applicable. To the extent of\\nfunds appropriated therefore, the commissioner shall make payments to\\ngeneral hospitals related to bad debt and charity care pursuant to\\nsection twenty-eight hundred seven-k of this article. Funds shall be\\ndeposited in the following amounts:\\n (i) fifty-seven and thirty-three-hundredths percent of the funds\\naccumulated for the period January first, nineteen hundred ninety-seven\\nthrough December thirty-first, nineteen hundred ninety-seven,\\n (ii) fifty-seven and one-hundredths percent of the funds accumulated\\nfor the period January first, nineteen hundred ninety-eight through\\nDecember thirty-first, nineteen hundred ninety-eight,\\n (iii) fifty-five and thirty-two-hundredths percent of the funds\\naccumulated for the period January first, nineteen hundred ninety-nine\\nthrough December thirty-first, nineteen hundred ninety-nine, and\\n (iv) seven hundred sixty-five million dollars annually of the funds\\naccumulated for the periods January first, two thousand through December\\nthirty-first, two thousand nineteen, and\\n (v) one hundred ninety-one million two hundred fifty thousand dollars\\nof the funds accumulated for the period January first, two thousand\\ntwenty through March thirty-first, two thousand twenty.\\n (b) funds shall be accumulated in a health care initiatives pool\\nestablished by the commissioner, for distribution in accordance with\\nsection twenty-eight hundred seven-l of this article, in the following\\namounts:\\n (i) forty-two and sixty-seven-hundredths percent of the funds\\naccumulated for the period January first, nineteen hundred ninety-seven\\nthrough December thirty-first, nineteen hundred ninety-seven,\\n (ii) forty-two and ninety-nine-hundredths percent of the funds\\naccumulated for the period January first, nineteen hundred ninety-eight\\nthrough December thirty-first, nineteen hundred ninety-eight,\\n (iii) forty-four and sixty-eight-hundredths percent of the funds\\naccumulated for the period January first, nineteen hundred ninety-nine\\nthrough December thirty-first, nineteen hundred ninety-nine, and\\n (iv) the remaining balance of the funds accumulated for each period on\\nand after January first, two thousand.\\n 10. Notwithstanding any inconsistent provision of law or regulation to\\nthe contrary, the allowances applicable to payments by state\\ngovernmental agencies pursuant to subdivision two of this section shall\\nbe reflected in the determination of reimbursement rates pursuant to\\nsections twenty-eight hundred seven and twenty-eight hundred seven-c of\\nthis article and fees for clinical laboratory services under the medical\\nassistance program.\\n 11. Each exclusion from the allowances effective on or after January\\nfirst, nineteen hundred ninety-seven established pursuant to this\\nsection shall be contingent upon either: (a) qualification of the\\nallowances for waiver pursuant to federal law and regulation; or (b)\\nconsistent with federal law and regulation, not requiring a waiver by\\nthe secretary of the department of health and human services related to\\nsuch exclusion; in order for the allowances under this section to be\\nqualified as a broad-based health care related tax for purposes of the\\nrevenues received by the state pursuant to the allowances not reducing\\nthe amount expended by the state as medical assistance for purposes of\\nfederal financial participation. The commissioner shall collect the\\nallowances relying on such exclusions, pending any contrary action by\\nthe secretary of the department of health and human services. In the\\nevent the secretary of the department of health and human services\\ndetermines that the allowances do not so qualify based on any such\\nexclusion, then the exclusion shall be deemed to have been null and void\\nas of January first, nineteen hundred ninety-seven, and the commissioner\\nshall collect any retroactive amount due as a result, without interest\\nor penalty provided the designated provider of services or third-party\\npayor that has elected to pay directly pays the retroactive amount due\\nwithin ninety days of notice from the commissioner to the designated\\nprovider of services or third-party payor that has elected to pay\\ndirectly that an exclusion is null and void. Interest and penalties\\nshall be measured from the due date of ninety days following notice from\\nthe commissioner or the commissioner's designee to the designated\\nprovider of services or third-party payor that has elected to pay\\ndirectly.\\n 12. Revenue from the allowances pursuant to this section shall not be\\nincluded in gross revenue received for purposes of the assessments\\npursuant to subdivision eighteen of section twenty-eight hundred seven-c\\nof this article, subject to the provisions of paragraph (e) of\\nsubdivision eighteen of section twenty-eight hundred seven-c of this\\narticle, and shall not be included in gross revenue received for\\npurposes of the assessments pursuant to section twenty-eight hundred\\nseven-d of this article, subject to the provisions of subdivision twelve\\nof section twenty-eight hundred seven-d of this article.\\n * NB Expires December 31, 2020\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2807-K", "title" : "General hospital indigent care pool", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-05-01", "2018-04-20", "2019-04-19", "2020-04-17", "2023-05-12", "2023-06-23", "2024-04-05", "2024-05-03", "2024-06-07", "2024-10-25", "2025-05-16", "2026-05-29" ], "docLevelId" : "2807-K", "activeDate" : "2019-04-19", "sequenceNo" : 1061, "repealedDate" : null, "fromSection" : "2807-K", "toSection" : "2807-K", "text" : " § 2807-k. General hospital indigent care pool. 1. Definitions. For\\npurposes of this section, the following words or phrases shall have the\\nfollowing meanings, unless the context otherwise requires:\\n (a) \"Major public general hospital\" means all state operated general\\nhospitals, all general hospitals operated by the New York city health\\nand hospitals corporation as established by chapter one thousand sixteen\\nof the laws of nineteen hundred sixty-nine as amended and all other\\npublic general hospitals having annual inpatient operating costs in\\nexcess of twenty-five million dollars.\\n (b) \"Nominal payment amount\" shall mean the sum of the dollars\\nattributable to the application of an incrementally increasing\\nproportion of reimbursement for percentage increases in targeted need\\naccording to a scale.\\n (c) \"Targeted need\" shall mean the relationship of uncompensated care\\nneed to reported costs expressed as a percentage. Reported costs shall\\nmean costs allocated as prescribed by the commissioner to general\\nhospital inpatient and ambulatory services, excluding referred\\nambulatory services. Targeted need shall be determined based on base\\nyear data and statistics for the calendar year two years prior to the\\ndistribution period. Base year data and statistics for the calendar year\\ntwo years prior to the distribution period shall be considered final,\\nfor purposes of this section, one hundred twenty days after hospitals\\nreceive the department's initial statewide rates for the same period as\\nthe distribution period and shall include any appropriate revisions\\nreported by hospitals during such one hundred twenty days.\\n (d) \"Uncompensated care need\" means losses from bad debts reduced to\\ncost and the costs of charity care of a general hospital for inpatient\\nand ambulatory services, excluding referred ambulatory services. The\\ncost of services provided as an employment benefit or as a courtesy\\nshall not be included.\\n (e) \"Uninsured care\" means losses from bad debts reduced to cost and\\nthe costs of charity care of a general hospital for inpatient and\\nambulatory services, excluding referred ambulatory services, which are\\nnot eligible for payment in whole or in part by a governmental agency,\\ninsurer or other third-party payor on behalf of a patient, including\\npayments made directly to the general hospital and indemnity or similar\\npayments made to the person who is a payor of hospital services. The\\ncost of services denied reimbursement, other than emergency room\\nservices, for lack of medical necessity or lack of compliance with prior\\nauthorization requirements, or provided as an employment benefit, or as\\na courtesy shall not be included.\\n (f) \"Ambulatory services\" of a general hospital shall mean all\\nservices delivered on an ambulatory basis, including, for periods on and\\nafter January first, two thousand four, services provided at qualified\\nhospital-controlled diagnostic and treatment centers except as otherwise\\nprovided in subdivision thirteen of this section.\\n (g) \"Qualified hospital-controlled diagnostic and treatment center\"\\nshall mean a voluntary, non-profit diagnostic and treatment center\\nproviding a comprehensive range of primary health care services that is\\ncontrolling, controlled by, or under common control with a general\\nhospital, and as of June thirtieth, two thousand three:\\n (i) qualified for an allocation of funds pursuant to section\\ntwenty-eight hundred seven-p of this article or pursuant to section\\nseven of chapter four hundred thirty-three of the laws of nineteen\\nhundred ninety-seven, as amended; or\\n (ii) the outpatient department of such general hospital had been\\ndesignated a federally-qualified health center under section 330 of the\\nPublic Health Service Act (42 U.S.C. § 254b) and had directly received a\\ngrant under such section.\\n 2. To the extent of funds appropriated therefor, funds shall be made\\navailable for distribution by or on behalf of the state in accordance\\nwith the following methodology, as payments under the state medical\\nassistance program provided pursuant to title eleven of article five of\\nthe social services law, from a general hospital indigent care pool\\nestablished by the commissioner.\\n 3. Each major public general hospital shall be allocated for\\ndistribution from the pools established pursuant to this section for\\neach year through December thirty-first, two thousand fourteen, an\\namount equal to the amount allocated to such major public general\\nhospital from the regional pool established pursuant to subdivision\\nseventeen of section twenty-eight hundred seven-c of this article for\\nthe period January first, nineteen hundred ninety-six through December\\nthirty-first, nineteen hundred ninety-six, provided, however, that\\npayments on and after January first, two thousand nine shall be subject\\nto the provisions of subdivision five-a of this section.\\n 4. (a) From funds in the pool for each year, thirty-six million\\ndollars shall be reserved on an annual basis through December\\nthirty-first, two thousand fourteen, for distribution as high need\\nadjustments in accordance with subdivision six of this section,\\nprovided, however, that payments on and after January first, two\\nthousand nine shall be subject to the provisions of subdivision five-a\\nof this section.\\n (a-1) From funds in the pool for each year, twenty-seven million\\ndollars shall be reserved on an annual basis for the periods January\\nfirst, two thousand through December thirty-first, two thousand ten, for\\ndistribution in accordance with subdivision sixteen of this section,\\nprovided, however, that payments on and after January first, two\\nthousand nine through December thirty-first, two thousand nine shall be\\nsubject to the provisions of subdivisions five-a and five-b of this\\nsection, and shall be subject to the provisions of subdivision five-b of\\nthis section for periods on and after January first, two thousand ten.\\n (b) The balance of funds in a pool not allocated in accordance with\\nsubdivision three of this section or reserved for distributions pursuant\\nto subdivisions six and sixteen of this section shall be distributed to\\neligible general hospitals, excluding major public general hospitals, on\\nthe basis of each general hospital's targeted need share, adjusted for\\ntransition factors in accordance with subdivision seven of this section.\\n (c) To be eligible for distributions from the pool, a general\\nhospital's targeted need must exceed one-half of one percent.\\n (d) For the periods January first, nineteen hundred ninety-seven\\nthrough December thirty-first, nineteen hundred ninety-seven, January\\nfirst, nineteen hundred ninety-eight through December thirty-first,\\nnineteen hundred ninety-eight, and January first, nineteen hundred\\nninety-nine through December thirty-first, nineteen hundred ninety-nine\\nand on and after January first, two thousand, each eligible general\\nhospital's targeted need share shall mean the relationship of each\\ngeneral hospital's nominal payment amount of uncompensated care need\\ndetermined in accordance with the scale specified in subdivision five of\\nthis section to the nominal payment amounts of uncompensated care need\\nfor all eligible general hospitals applied to funds available in the\\npool.\\n 5. The scale utilized for development of each eligible general\\nhospital's nominal payment amount shall be as follows:\\n Percentage of Reimbursement\\n Attributable to that Portion\\n Targeted Need Percentage of Targeted Need\\n 0 -.5% 60%\\n .5+ -2% 65%\\n 2+ -3% 70%\\n 3+ -4% 75%\\n 4+ -5% 80%\\n 5+ -6% 85%\\n 6+ -7% 90%\\n 7+ -8% 95%\\n 8+ 100%\\n 5-a. Notwithstanding any inconsistent provision of this section,\\nsection twenty-eight hundred seven-w of this article or any other\\ncontrary provision of law, subject to the availability of federal\\nfinancial participation and within amounts appropriated, for periods on\\nand after January first, two thousand nine, ten percent of the aggregate\\ndistributions to each general hospital made otherwise pursuant to this\\nsection and section twenty-eight hundred seven-w of this article shall\\nbe reserved and set aside and distributed in accordance with the\\nfollowing:\\n (a) Thirteen million nine hundred thirty thousand dollars of such\\nreserved funds shall be distributed to major public hospitals and shall\\nbe allocated proportionally, based on each facility's relative\\nuncompensated care need as determined in accordance with the provisions\\nof paragraph (c) of this subdivision; and\\n (b) Seventy million seven hundred seventy thousand dollars of such\\nreserved funds shall be distributed to general hospitals other than\\nmajor public general hospitals and shall be allocated proportionally,\\nbased on each facility's relative uncompensated care need as determined\\nin accordance with the provisions of paragraph (c) of this subdivision;\\nand\\n (c) For the purposes of distributions in accordance with paragraphs\\n(a) and (b) of this subdivision, each facility's relative uncompensated\\ncare need amount shall be determined in accordance with the following:\\n (i) inpatient units of services for all uninsured patients from the\\ncalendar year two years prior to the distribution year, but excluding\\nreferred ambulatory units of services, shall be multiplied by the\\napplicable Medicaid inpatient rates in effect for such prior year, but\\nnot including prospective rate adjustments and rate add-ons, provided,\\nhowever, that for distributions on and after January first, two thousand\\nten, the uncompensated amount for inpatient services shall utilize the\\ninpatient rates in effect as of July first of the prior year;\\n (ii) outpatient units of service for all uninsured patients from the\\ncalendar year two years prior to the distribution year, including\\nemergency department services and ambulatory surgery services, but\\nexcluding referred ambulatory services units of service, shall be\\nmultiplied by Medicaid outpatient rates that reflect the exclusive\\nutilization of the ambulatory patient groups (APG) rate-setting\\nmethodology as set forth in regulations promulgated pursuant to\\nsubdivision two-a of section twenty-eight hundred seven of this article,\\nas in effect for the distribution year, provided further, however, that\\nfor those services for which APG rates are not available the applicable\\nMedicaid outpatient rate shall be the rate in effect for the calendar\\nyear two years prior to the distribution year;\\n (iii) the uncompensated care need for each facility for periods on and\\nafter January first, two thousand ten shall be reduced by the sum of all\\npayment amounts collected from such patients; and\\n (iv) the total uncompensated care need for each facility subject to\\nthis subdivision shall then be adjusted by application of the nominal\\nneed scale set forth in subdivision five of this section.\\n (d)(i) For annual periods commencing on and after January first, two\\nthousand nine, no general hospital may receive disproportionate share\\npayment distributions made in accordance with this section, section\\ntwenty-eight hundred seven-w of this article or made in accordance with\\nother provisions of law, that exceed, in aggregate, the costs incurred\\nby such general hospital during such period in furnishing inpatient and\\noutpatient hospital services to Medicaid eligible patients or to\\npatients who have no health insurance or other source of third party\\ncoverage, net of all monies received from non-disproportionate share\\nrelated Medicaid payments and from payments made by such uninsured\\npatients. For purposes of this paragraph, non-Medicaid payments made to\\na general hospital by the state or by a unit of local government within\\nthe state for services provided to indigent patients shall not be\\nconsidered to be a source of third party payment.\\n (ii) Reductions pursuant to this paragraph shall be made in the\\nfollowing sequence:\\n (A) payments in accordance with subdivision fourteen-f of section\\ntwenty-eight hundred seven-c of this article;\\n (B) payments made to eligible hospitals pursuant to this section and\\nsection twenty-eight hundred seven-w of this article.\\n (iii) Notwithstanding any contrary provision of this section or\\nsection twenty-eight hundred seven-w of this article, in the event a\\npayment made pursuant to this section or section twenty-seven hundred\\nseven-w of this article exceeds a hospital's applicable facility\\nspecific disproportionate share limit, then fifty percent of the amount\\nin excess of such limit shall be paid to such facility as a grant from\\nstate funds available for distribution in accordance with this section\\nand section twenty-eight hundred seven-w of this article, provided,\\nhowever, that if payments made to an eligible rural hospital pursuant to\\nthis subdivision or section twenty-eight hundred seven-w of this\\narticle, result in payments in excess of such disproportionate share\\nlimits, then up to one hundred forty thousand dollars of such payments\\nshall be made at one hundred percent of the amount in excess of such\\nlimits for each eligible rural hospital.\\n (e) By no later than December first, two thousand ten, the\\ncommissioner shall issue a report evaluating the impact of the\\ndistributions made pursuant to this subdivision with regard to units of\\nservice to uninsured patients provided by each facility, and with regard\\nto the extent of services provided by each facility to patients eligible\\nfor financial aid in accordance with each facility's financial aid\\npolicies and procedures as mandated by subdivision nine-a of this\\nsection. Such report shall also include the use of data on services to\\nthe uninsured to model the impact of the distribution methodology set\\nforth in this subdivision against all funding authorized pursuant to\\nthis section and section twenty-eight hundred seven-w of this article.\\n (f) The commissioner shall conduct outreach and educational activities\\nto inform hospitals on matters relating to data collection and reporting\\nrequirements related to services provided to the uninsured and patients\\neligible for financial aid, including definitions to be utilized for\\nidentifying uninsured units of service and proper identification of\\nout-of-pocket collections from uninsured patients.\\n 5-b. Notwithstanding any inconsistent provision of this section,\\nsection twenty-eight hundred seven-w of this article or any other\\ncontrary provision of law and subject to the availability of federal\\nfinancial participation, for periods on and after May first, two\\nthousand nine, funds as hereinafter described shall be reserved and set\\naside and distributed in accordance with the following:\\n (a) For the period May first, two thousand nine through December\\nthirty-first, two thousand nine payments shall be made as follows:\\n (i) Ninety percent of funds available for the two thousand nine\\ncalendar year pursuant to paragraph (a-1) of subdivision four of this\\nsection shall be reserved and set aside and distributed as Medicaid\\ndisproportionate share (DSH) payments to the same hospitals and in the\\nsame proportional amounts as received pursuant to such paragraph (a-1)\\nin two thousand eight;\\n (ii) Three hundred seven million dollars shall be distributed as\\nMedicaid DSH payments to facilities designated by the department as\\nteaching hospitals as of December thirty-first, two thousand eight in\\naccordance with a schedule of payments to be set forth in regulations\\npromulgated by the commissioner to compensate such facilities for\\nMedicaid and self-pay losses reported in each facility's two thousand\\nseven annual cost report;\\n (iii) Sixteen million dollars shall be proportionally distributed as\\nMedicaid DSH payments to non-teaching hospitals based upon their\\nproportion of uninsured losses as defined in paragraph (c) of\\nsubdivision five-a of this section to such losses of all non-teaching\\nhospitals on a statewide basis;\\n (iv) Twenty-five million dollars shall be distributed as Medicaid DSH\\npayments to non-major public hospitals having Medicaid discharges of\\nforty percent or greater as established by the commissioner from data\\nreported in each hospital's two thousand seven annual cost report, in\\naccordance with a schedule to be set forth in regulations promulgated by\\nthe commissioner, to compensate such facilities for projected Medicaid\\nnet losses, as determined by the commissioner, stemming from\\nmodifications to Medicaid payments made pursuant to a chapter of the\\nlaws of two thousand nine.\\n (b) For annual periods beginning January first, two thousand ten\\npayments shall be made as follows:\\n (i) Two hundred sixty-nine million five hundred thousand dollars shall\\nbe distributed as Medicaid DSH payments to non-major public teaching\\nhospitals, and such distributions shall be made on a regional basis to\\ncover, within amounts available for each region, each eligible\\nfacility's proportional regional share of unmet need for two thousand\\nseven, provided, however, that such regions and regional allocations and\\nthe definition of unmet need shall be set forth in regulations\\npromulgated by the commissioner;\\n (ii) Twenty-five million dollars shall be distributed as Medicaid DSH\\npayments to hospitals eligible for payments made pursuant to\\nsubparagraph (iv) of paragraph (a) of this subdivision based upon each\\nfacility's proportion of uninsured losses, as defined in paragraph (c)\\nof subdivision five-a of this section, to such losses for all hospitals\\neligible for such payments;\\n (iii) Sixteen million dollars shall be distributed in accordance with\\nthe provisions of subparagraph (iii) of paragraph (a) of this\\nsubdivision;\\n (iv) Twenty-five million dollars shall be distributed in accordance\\nwith the provisions of subparagraph (iv) of paragraph (a) of this\\nsubdivision;\\n 5-c. (a) Notwithstanding any contrary provision of law and subject to\\nthe availability of federal financial participation, for the period July\\nfirst, two thousand ten through December thirty-first, two thousand ten,\\ndistributions pursuant to this section and section twenty-eight hundred\\nseven-w of this article, shall reflect an aggregate reduction of\\nsixty-nine million four hundred thousand dollars, based on the\\nproportion of each hospital's indigent care allocations to the total\\nallocations of all hospitals' indigent care allocations prior to\\napplication of this reduction, provided, however, that such reductions\\nshall not be applied to distributions to major public hospitals,\\nincluding major public hospitals operated by public benefit\\ncorporations, and also shall not be applied to distributions made\\npursuant to subparagraph (ii), (iii) or (iv) of paragraph (b) of\\nsubdivision five-b of this section.\\n (b) Notwithstanding any contrary provision of law and subject to the\\navailability of federal financial participation, for the period January\\nfirst, two thousand eleven through December thirty-first, two thousand\\neleven and each calendar year thereafter, distributions pursuant to this\\nsection and section twenty-eight hundred seven-w of this article shall\\nreflect an aggregate reduction of seventy-three million two hundred\\nthousand dollars, based on the proportion of each hospital's indigent\\ncare allocation to the total allocations of all hospitals' indigent care\\nallocations prior to application of this reduction, provided, however,\\nthat such reductions shall not be applied to distributions to major\\npublic hospitals, including major public hospitals operated by public\\nbenefit corporations, and shall also not be applied to distributions\\nmade pursuant to subparagraph (ii), (iii) or (iv) of paragraph (b) of\\nsubdivision five-b of this section.\\n 5-d. (a) Notwithstanding any inconsistent provision of this section,\\nsection twenty-eight hundred seven-w of this article or any other\\ncontrary provision of law, and subject to the availability of federal\\nfinancial participation, for periods on and after January first, two\\nthousand thirteen, through March thirty-first, two thousand twenty, all\\nfunds available for distribution pursuant to this section, except for\\nfunds distributed pursuant to subparagraph (v) of paragraph (b) of\\nsubdivision five-b of this section, and all funds available for\\ndistribution pursuant to section twenty-eight hundred seven-w of this\\narticle, shall be reserved and set aside and distributed in accordance\\nwith the provisions of this subdivision.\\n (b) The commissioner shall promulgate regulations, and may promulgate\\nemergency regulations, establishing methodologies for the distribution\\nof funds as described in paragraph (a) of this subdivision and such\\nregulations shall include, but not be limited to, the following:\\n (i) Such regulations shall establish methodologies for determining\\neach facility's relative uncompensated care need amount based on\\nuninsured inpatient and outpatient units of service from the cost\\nreporting year two years prior to the distribution year, multiplied by\\nthe applicable medicaid rates in effect January first of the\\ndistribution year, as summed and adjusted by a statewide cost adjustment\\nfactor and reduced by the sum of all payment amounts collected from such\\nuninsured patients, and as further adjusted by application of a nominal\\nneed computation that shall take into account each facility's medicaid\\ninpatient share.\\n (ii) Annual distributions pursuant to such regulations for the two\\nthousand thirteen through two thousand twenty calendar years shall be in\\naccord with the following:\\n (A) one hundred thirty-nine million four hundred thousand dollars\\nshall be distributed as Medicaid Disproportionate Share Hospital (\"DSH\")\\npayments to major public general hospitals; and\\n (B) nine hundred ninety-four million nine hundred thousand dollars as\\nMedicaid DSH payments to eligible general hospitals, other than major\\npublic general hospitals.\\n (iii)(A) Such regulations shall establish transition adjustments to\\nthe distributions made pursuant to clauses (A) and (B) of subparagraph\\n(ii) of this paragraph such that no facility experiences a reduction in\\nindigent care pool payments pursuant to this subdivision that is greater\\nthan the percentages, as specified in clause (C) of this subparagraph as\\ncompared to the average distribution that each such facility received\\nfor the three calendar years prior to two thousand thirteen pursuant to\\nthis section and section twenty-eight hundred seven-w of this article.\\n (B) Such regulations shall also establish adjustments limiting the\\nincreases in indigent care pool payments experienced by facilities\\npursuant to this subdivision by an amount that will be, as determined by\\nthe commissioner and in conjunction with such other funding as may be\\navailable for this purpose, sufficient to ensure full funding for the\\ntransition adjustment payments authorized by clause (A) of this\\nsubparagraph.\\n (C) No facility shall experience a reduction in indigent care pool\\npayments pursuant to this subdivision that: for the calendar year\\nbeginning January first, two thousand thirteen, is greater than two and\\none-half percent; for the calendar year beginning January first, two\\nthousand fourteen, is greater than five percent; and, for the calendar\\nyear beginning on January first, two thousand fifteen; is greater than\\nseven and one-half percent, and for the calendar year beginning on\\nJanuary first, two thousand sixteen, is greater than ten percent; and\\nfor the calendar year beginning on January first, two thousand\\nseventeen, is greater than twelve and one-half percent; and for the\\ncalendar year beginning on January first, two thousand eighteen, is\\ngreater than fifteen percent; and for the calendar year beginning on\\nJanuary first, two thousand nineteen, is greater than seventeen and\\none-half percent; and for the calendar year beginning on January first,\\ntwo thousand twenty, is greater than twenty percent.\\n (iv) Such regulations shall reserve one percent of the funds available\\nfor distribution in the two thousand fourteen and two thousand fifteen\\ncalendar years, and for calendar years thereafter, pursuant to this\\nsubdivision, subdivision fourteen-f of section twenty-eight hundred\\nseven-c of this article, and sections two hundred eleven and two hundred\\ntwelve of chapter four hundred seventy-four of the laws of nineteen\\nhundred ninety-six, in a \"financial assistance compliance pool\" and\\nshall establish methodologies for the distribution of such pool funds to\\nfacilities based on their level of compliance, as determined by the\\ncommissioner, with the provisions of subdivision nine-a of this section.\\n (c) The commissioner shall annually report to the governor and the\\nlegislature on the distribution of funds under this subdivision\\nincluding, but not limited to:\\n (i) the impact on safety net providers, including community providers,\\nrural general hospitals and major public general hospitals;\\n (ii) the provision of indigent care by units of services and funds\\ndistributed by general hospitals; and\\n (iii) the extent to which access to care has been enhanced.\\n 6. Funds reserved for high need adjustments shall be distributed to\\ngeneral hospitals, excluding major public general hospitals, with\\nnominal need in excess of four percent as follows: each general\\nhospital's share of the reserved amount shall be based on such\\nhospital's aggregate share of nominal need above four percent compared\\nto the total aggregate nominal need above four percent of all eligible\\nhospitals.\\n 7. (a) Hospital specific transition adjustment. Notwithstanding any\\ninconsistent provision of this section, distributions to general\\nhospitals determined in accordance with subdivision four of this section\\nshall be adjusted as follows:\\n (i) For general hospitals which qualified for distributions pursuant\\nto paragraph (c) of subdivision nineteen of section twenty-eight hundred\\nseven-c of this article as of December thirty-first, nineteen hundred\\nninety-five:\\n (A) for the period January first, nineteen hundred ninety-seven\\nthrough December thirty-first, nineteen hundred ninety-seven, each such\\ngeneral hospital shall receive as an allocation one hundred percent of\\nthe projected distribution, as of June first, nineteen hundred\\nninety-seven, to such general hospital pursuant to subdivisions\\nfourteen-c and seventeen and paragraph (c) of subdivision nineteen of\\nsection twenty-eight hundred seven-c of this article for nineteen\\nhundred ninety-six; and\\n (B) for the period January first, nineteen hundred ninety-eight\\nthrough December thirty-first, nineteen hundred ninety-eight, each such\\ngeneral hospital shall receive as an allocation seventy-five percent of\\nthe amount determined in accordance with clause (A) of this subparagraph\\nand twenty-five percent of the amount determined in accordance with\\nsubdivision four of this section; and\\n (C) for the period January first, nineteen hundred ninety-nine through\\nDecember thirty-first, nineteen hundred ninety-nine, each such general\\nhospital shall receive as an allocation fifty percent of the amount\\ndetermined in accordance with clause (A) of this subparagraph and fifty\\npercent of the amount determined in accordance with subdivision four of\\nthis section; and\\n (D) for the period January first, two thousand through December\\nthirty-first, two thousand, each such general hospital shall receive as\\nan allocation twenty-five percent of the amount determined in accordance\\nwith clause (A) of this subparagraph and seventy-five percent of the\\namount determined in accordance with subdivision four of this section\\nprovided, however, that for any general hospital whose distribution is\\ngreater when determined solely in accordance with subdivisions four and\\nsix of this section than when determined according to this clause, such\\ngeneral hospital's distribution shall not be adjusted pursuant to this\\nclause; and\\n (E) for periods on and after January first, two thousand one, each\\nsuch general hospital shall receive as an allocation one hundred percent\\nof the amount determined in accordance with subdivision four of this\\nsection.\\n (ii) For all other general hospitals, excluding major public general\\nhospitals, general hospitals qualifying for an adjustment pursuant to\\nsubparagraph (i) of this paragraph, general hospitals which qualified\\nfor an adjustment pursuant to subdivision fourteen-d of section\\ntwenty-eight hundred seven-c of this article and rural general hospitals\\nthat met the qualifications as a rural general hospital pursuant to\\nparagraph (f) of subdivision four of section twenty-eight hundred\\nseven-c of this article in nineteen hundred ninety-six:\\n (A) for the period January first, nineteen hundred ninety-seven\\nthrough December thirty-first, nineteen hundred ninety-seven, each such\\ngeneral hospital shall receive as an allocation fifty percent of the\\nprojected distribution, as of June first, nineteen hundred ninety-seven,\\nto such general hospital pursuant to subdivision seventeen of section\\ntwenty-eight hundred seven-c of this article for nineteen hundred\\nninety-six and fifty percent of the amount determined in accordance with\\nsubdivision four of this section; and\\n (B) for the period January first, nineteen hundred ninety-eight\\nthrough December thirty-first, nineteen hundred ninety-eight, each such\\ngeneral hospital shall receive as an allocation twenty-five percent of\\nthe projected distribution, as of June first, nineteen hundred\\nninety-seven, to such general hospital pursuant to subdivision seventeen\\nof section twenty-eight hundred seven-c of this article for nineteen\\nhundred ninety-six and seventy-five percent of the amount determined in\\naccordance with subdivision four of this section.\\n (b) Hospital category adjustment. Notwithstanding any inconsistent\\nprovision of this section, distributions to each general hospital,\\nexcluding major public general hospitals, for nineteen hundred\\nninety-seven determined in accordance with subdivision four of this\\nsection and paragraph (a) of this subdivision within the categories\\nspecified in subparagraph (i) of this paragraph shall be adjusted in\\naccordance with subparagraph (ii) of this paragraph.\\n (i)(A) General hospitals that qualified for distributions in\\naccordance with subdivision fourteen-d of section twenty-eight hundred\\nseven-c of this article for nineteen hundred ninety-six.\\n (B) Rural general hospitals that met the qualifications as a rural\\ngeneral hospital pursuant to paragraph (f) of subdivision four of\\nsection twenty-eight hundred seven-c of this article for nineteen\\nhundred ninety-six.\\n (C) All other general hospitals, excluding general hospitals that\\nqualified for distributions pursuant to paragraph (c) of subdivision\\nnineteen of section twenty-eight hundred seven-c of this article.\\n (ii) For each category specified in subparagraph (i) of this\\nparagraph, fifty percent of the amount by which the allocation pursuant\\nto subdivision four of this section and paragraph (a) of this\\nsubdivision to a general hospital within such category exceeds the\\nprojected distribution, as of June first, nineteen hundred ninety-seven,\\npursuant to subdivision seventeen and, if applicable, subdivision\\nfourteen-d of section twenty-eight hundred seven-c of this article for\\nnineteen hundred ninety-six to such general hospital shall be reserved\\nby the commissioner for allocation to general hospitals within such\\ncategory that would experience a loss based on such comparison based on\\neach such general hospital's proportionate share of the aggregate losses\\nfor all general hospitals within such category; provided however, that\\nthe amount reserved within a category shall not exceed the aggregate\\namount of losses within such category.\\n 8. Notwithstanding any inconsistent provision of this section, up to\\nfive percent of the amount allocated for each of the periods for\\ndistributions pursuant to this section may be transferred by the\\ncommissioner, to the extent of funds appropriated therefor, and\\nallocated for distributions pursuant to the child health insurance plan\\nestablished pursuant to title one-A of article twenty-five of this\\nchapter.\\n 9. In order for a general hospital to participate in the distribution\\nof funds from the pool, the general hospital must implement minimum\\ncollection policies and procedures approved by the commissioner.\\n 9-a. (a) As a condition for participation in pool distributions\\nauthorized pursuant to this section and section twenty-eight hundred\\nseven-w of this article for periods on and after January first, two\\nthousand nine, general hospitals shall, effective for periods on and\\nafter January first, two thousand seven, establish financial aid\\npolicies and procedures, in accordance with the provisions of this\\nsubdivision, for reducing charges otherwise applicable to low-income\\nindividuals without health insurance, or who have exhausted their health\\ninsurance benefits, and who can demonstrate an inability to pay full\\ncharges, and also, at the hospital's discretion, for reducing or\\ndiscounting the collection of co-pays and deductible payments from those\\nindividuals who can demonstrate an inability to pay such amounts.\\n (b) Such reductions from charges for uninsured patients with incomes\\nbelow at least three hundred percent of the federal poverty level shall\\nresult in a charge to such individuals that does not exceed the greater\\nof the amount that would have been paid for the same services by the\\n\"highest volume payor\" for such general hospital as defined in\\nsubparagraph (v) of this paragraph, or for services provided pursuant to\\ntitle XVIII of the federal social security act (medicare), or for\\nservices provided pursuant to title XIX of the federal social security\\nact (medicaid), and provided further that such amounts shall be adjusted\\naccording to income level as follows:\\n (i) For patients with incomes at or below at least one hundred percent\\nof the federal poverty level, the hospital shall collect no more than a\\nnominal payment amount, consistent with guidelines established by the\\ncommissioner;\\n (ii) For patients with incomes between at least one hundred one\\npercent and one hundred fifty percent of the federal poverty level, the\\nhospital shall collect no more than the amount identified after\\napplication of a proportional sliding fee schedule under which patients\\nwith lower incomes shall pay the lowest amount. Such schedule shall\\nprovide that the amount the hospital may collect for such patients\\nincreases from the nominal amount described in subparagraph (i) of this\\nparagraph in equal increments as the income of the patient increases, up\\nto a maximum of twenty percent of the greater of the amount that would\\nhave been paid for the same services by the \"highest volume payor\" for\\nsuch general hospital, as defined in subparagraph (v) of this paragraph,\\nor for services provided pursuant to title XVIII of the federal social\\nsecurity act (medicare) or for services provided pursuant to title XIX\\nof the federal social security act (medicaid);\\n (iii) For patients with incomes between at least one hundred fifty-one\\npercent and two hundred fifty percent of the federal poverty level, the\\nhospital shall collect no more than the amount identified after\\napplication of a proportional sliding fee schedule under which patients\\nwith lower income shall pay the lowest amounts. Such schedule shall\\nprovide that the amount the hospital may collect for such patients\\nincreases from the twenty percent figure described in subparagraph (ii)\\nof this paragraph in equal increments as the income of the patient\\nincreases, up to a maximum of the greater of the amount that would have\\nbeen paid for the same services by the \"highest volume payor\" for such\\ngeneral hospital, as defined in subparagraph (v) of this paragraph, or\\nfor services provided pursuant to title XVIII of the federal social\\nsecurity act (medicare) or for services provided pursuant to title XIX\\nof the federal social security act (medicaid); and\\n (iv) For patients with incomes between at least two hundred fifty-one\\npercent and three hundred percent of the federal poverty level, the\\nhospital shall collect no more than the greater of the amount that would\\nhave been paid for the same services by the \"highest volume payor\" for\\nsuch general hospital as defined in subparagraph (v) of this paragraph,\\nor for services provided pursuant to title XVIII of the federal social\\nsecurity act (medicare), or for services provided pursuant to title XIX\\nof the federal social security act (medicaid).\\n (v) For the purposes of this paragraph, \"highest volume payor\" shall\\nmean the insurer, corporation or organization licensed, organized or\\ncertified pursuant to article thirty-two, forty-two or forty-three of\\nthe insurance law or article forty-four of this chapter, or other\\nthird-party payor, which has a contract or agreement to pay claims for\\nservices provided by the general hospital and incurred the highest\\nvolume of claims in the previous calendar year.\\n (vi) A hospital may implement policies and procedures to permit, but\\nnot require, consideration on a case-by-case basis of exceptions to the\\nrequirements described in subparagraphs (i) and (ii) of this paragraph\\nbased upon the existence of significant assets owned by the patient that\\nshould be taken into account in determining the appropriate payment\\namount for that patient's care, provided, however, that such proposed\\npolicies and procedures shall be subject to the prior review and\\napproval of the commissioner and, if approved, shall be included in the\\nhospital's financial assistance policy established pursuant to this\\nsection, and provided further that, if such approval is granted, the\\nmaximum amount that may be collected shall not exceed the greater of the\\namount that would have been paid for the same services by the \"highest\\nvolume payor\" for such general hospital as defined in subparagraph (v)\\nof this paragraph, or for services provided pursuant to title XVIII of\\nthe federal social security act (medicare), or for services provided\\npursuant to title XIX of the federal social security act (medicaid). In\\nthe event that a general hospital reviews a patient's assets in\\ndetermining payment adjustments such policies and procedures shall not\\nconsider as assets a patient's primary residence, assets held in a\\ntax-deferred or comparable retirement savings account, college savings\\naccounts, or cars used regularly by a patient or immediate family\\nmembers.\\n (vii) Nothing in this paragraph shall be construed to limit a\\nhospital's ability to establish patient eligibility for payment\\ndiscounts at income levels higher than those specified herein and/or to\\nprovide greater payment discounts for eligible patients than those\\nrequired by this paragraph.\\n (c) Such policies and procedures shall be clear, understandable, in\\nwriting and publicly available in summary form and each general hospital\\nparticipating in the pool shall ensure that every patient is made aware\\nof the existence of such policies and procedures and is provided, in a\\ntimely manner, with a summary of such policies and procedures upon\\nrequest. Any summary provided to patients shall, at a minimum, include\\nspecific information as to income levels used to determine eligibility\\nfor assistance, a description of the primary service area of the\\nhospital and the means of applying for assistance. For general hospitals\\nwith twenty-four hour emergency departments, such policies and\\nprocedures shall require the notification of patients during the intake\\nand registration process, through the conspicuous posting of\\nlanguage-appropriate information in the general hospital, and\\ninformation on bills and statements sent to patients, that financial aid\\nmay be available to qualified patients and how to obtain further\\ninformation. For specialty hospitals without twenty-four hour emergency\\ndepartments, such notification shall take place through written\\nmaterials provided to patients during the intake and registration\\nprocess prior to the provision of any health care services or\\nprocedures, and through information on bills and statements sent to\\npatients, that financial aid may be available to qualified patients and\\nhow to obtain further information. Application materials shall include a\\nnotice to patients that upon submission of a completed application,\\nincluding any information or documentation needed to determine the\\npatient's eligibility pursuant to the hospital's financial assistance\\npolicy, the patient may disregard any bills until the hospital has\\nrendered a decision on the application in accordance with this\\nparagraph.\\n (d) Such policies and procedures shall include clear, objective\\ncriteria for determining a patient's ability to pay and for providing\\nsuch adjustments to payment requirements as are necessary. In addition\\nto adjustment mechanisms such as sliding fee schedules and discounts to\\nfixed standards, such policies and procedures shall also provide for the\\nuse of installment plans for the payment of outstanding balances by\\npatients pursuant to the provisions of the hospital's financial\\nassistance policy. The monthly payment under such a plan shall not\\nexceed ten percent of the gross monthly income of the patient, provided,\\nhowever, that if patient assets are considered under such a policy, then\\npatient assets which are not excluded assets pursuant to subparagraph\\n(vi) of paragraph (b) of this subdivision may be considered in addition\\nto the limit on monthly payments. The rate of interest charged to the\\npatient on the unpaid balance, if any, shall not exceed the rate for a\\nninety-day security issued by the United States Department of Treasury,\\nplus .5 percent and no plan shall include an accelerator or similar\\nclause under which a higher rate of interest is triggered upon a missed\\npayment. If such policies and procedures include a requirement of a\\ndeposit prior to non-emergent, medically-necessary care, such deposit\\nmust be included as part of any financial aid consideration. Such\\npolicies and procedures shall be applied consistently to all eligible\\npatients.\\n (e) Such policies and procedures shall permit patients to apply for\\nassistance within at least ninety days of the date of discharge or date\\nof service and provide at least twenty days for patients to submit a\\ncompleted application. Such policies and procedures may require that\\npatients seeking payment adjustments provide appropriate financial\\ninformation and documentation in support of their application, provided,\\nhowever, that such application process shall not be unduly burdensome or\\ncomplex. General hospitals shall, upon request, assist patients in\\nunderstanding the hospital's policies and procedures and in applying for\\npayment adjustments. Application forms shall be printed in the \"primary\\nlanguages\" of patients served by the general hospital. For the purposes\\nof this paragraph, \"primary languages\" shall include any language that\\nis either (i) used to communicate, during at least five percent of\\npatient visits in a year, by patients who cannot speak, read, write or\\nunderstand the English language at the level of proficiency necessary\\nfor effective communication with health care providers, or (ii) spoken\\nby non-English speaking individuals comprising more than one percent of\\nthe primary hospital service area population, as calculated using\\ndemographic information available from the United States Bureau of the\\nCensus, supplemented by data from school systems. Decisions regarding\\nsuch applications shall be made within thirty days of receipt of a\\ncompleted application. Such policies and procedures shall require that\\nthe hospital issue any denial/approval of such application in writing\\nwith information on how to appeal the denial and shall require the\\nhospital to establish an appeals process under which it will evaluate\\nthe denial of an application. Nothing in this subdivision shall be\\ninterpreted as prohibiting a hospital from making the availability of\\nfinancial assistance contingent upon the patient first applying for\\ncoverage under title XIX of the social security act (medicaid) or\\nanother insurance program if, in the judgment of the hospital, the\\npatient may be eligible for medicaid or another insurance program, and\\nupon the patient's cooperation in following the hospital's financial\\nassistance application requirements, including the provision of\\ninformation needed to make a determination on the patient's application\\nin accordance with the hospital's financial assistance policy.\\n (f) Such policies and procedures shall provide that patients with\\nincomes below three hundred percent of the federal poverty level are\\ndeemed presumptively eligible for payment adjustments and shall conform\\nto the requirements set forth in paragraph (b) of this subdivision,\\nprovided, however, that nothing in this subdivision shall be interpreted\\nas precluding hospitals from extending such payment adjustments to other\\npatients, either generally or on a case-by-case basis. Such policies and\\nprocedures shall provide financial aid for emergency hospital services,\\nincluding emergency transfers pursuant to the federal emergency medical\\ntreatment and active labor act (42 USC 1395dd), to patients who reside\\nin New York state and for medically necessary hospital services for\\npatients who reside in the hospital's primary service area as determined\\naccording to criteria established by the commissioner. In developing\\nsuch criteria, the commissioner shall consult with representatives of\\nthe hospital industry, health care consumer advocates and local public\\nhealth officials. Such criteria shall be made available to the public no\\nless than thirty days prior to the date of implementation and shall, at\\na minimum:\\n (i) prohibit a hospital from developing or altering its primary\\nservice area in a manner designed to avoid medically underserved\\ncommunities or communities with high percentages of uninsured residents;\\n (ii) ensure that every geographic area of the state is included in at\\nleast one general hospital's primary service area so that eligible\\npatients may access care and financial assistance; and\\n (iii) require the hospital to notify the commissioner upon making any\\nchange to its primary service area, and to include a description of its\\nprimary service area in the hospital's annual implementation report\\nfiled pursuant to subdivision three of section twenty-eight hundred\\nthree-l of this article.\\n (g) Nothing in this subdivision shall be interpreted as precluding\\nhospitals from extending payment adjustments for medically necessary\\nnon-emergency hospital services to patients outside of the hospital's\\nprimary service area. For patients determined to be eligible for\\nfinancial aid under the terms of a hospital's financial aid policy, such\\npolicies and procedures shall prohibit any limitations on financial aid\\nfor services based on the medical condition of the applicant, other than\\ntypical limitations or exclusions based on medical necessity or the\\nclinical or therapeutic benefit of a procedure or treatment.\\n (h) Such policies and procedures shall not permit the forced sale or\\nforeclosure of a patient's primary residence in order to collect an\\noutstanding medical bill and shall require the hospital to refrain from\\nsending an account to collection if the patient has submitted a\\ncompleted application for financial aid, including any required\\nsupporting documentation, while the hospital determines the patient's\\neligibility for such aid. Such policies and procedures shall provide for\\nwritten notification, which shall include notification on a patient\\nbill, to a patient not less than thirty days prior to the referral of\\ndebts for collection and shall require that the collection agency obtain\\nthe hospital's written consent prior to commencing a legal action. Such\\npolicies and procedures shall require all general hospital staff who\\ninteract with patients or have responsibility for billing and\\ncollections to be trained in such policies and procedures, and require\\nthe implementation of a mechanism for the general hospital to measure\\nits compliance with such policies and procedures. Such policies and\\nprocedures shall require that any collection agency under contract with\\na general hospital for the collection of debts follow the hospital's\\nfinancial assistance policy, including providing information to patients\\non how to apply for financial assistance where appropriate. Such\\npolicies and procedures shall prohibit collections from a patient who is\\ndetermined to be eligible for medical assistance pursuant to title XIX\\nof the federal social security act at the time services were rendered\\nand for which services medicaid payment is available.\\n (i) Reports required to be submitted to the department by each general\\nhospital as a condition for participation in the pools, and which\\ncontain, in accordance with applicable regulations, a certification from\\nan independent certified public accountant or independent licensed\\npublic accountant or an attestation from a senior official of the\\nhospital that the hospital is in compliance with conditions of\\nparticipation in the pools, shall also contain, for reporting periods on\\nand after January first, two thousand seven:\\n (i) a report on hospital costs incurred and uncollected amounts in\\nproviding services to eligible patients without insurance, including the\\namount of care provided for a nominal payment amount, during the period\\ncovered by the report;\\n (ii) hospital costs incurred and uncollected amounts for deductibles\\nand coinsurance for eligible patients with insurance or other\\nthird-party payor coverage;\\n (iii) the number of patients, organized according to United States\\npostal service zip code, who applied for financial assistance pursuant\\nto the hospital's financial assistance policy, and the number, organized\\naccording to United States postal service zip code, whose applications\\nwere approved and whose applications were denied;\\n (iv) the reimbursement received for indigent care from the pool\\nestablished pursuant to this section;\\n (v) the amount of funds that have been expended on charity care from\\ncharitable bequests made or trusts established for the purpose of\\nproviding financial assistance to patients who are eligible in\\naccordance with the terms of such bequests or trusts;\\n (vi) for hospitals located in social services districts in which the\\ndistrict allows hospitals to assist patients with such applications, the\\nnumber of applications for eligibility under title XIX of the social\\nsecurity act (medicaid) that the hospital assisted patients in\\ncompleting and the number denied and approved;\\n (vii) the hospital's financial losses resulting from services provided\\nunder medicaid; and\\n (viii) the number of liens placed on the primary residences of\\npatients through the collection process used by a hospital.\\n (j) Within ninety days of the effective date of this subdivision each\\nhospital shall submit to the commissioner a written report on its\\npolicies and procedures for financial assistance to patients which are\\nused by the hospital on the effective date of this subdivision. Such\\nreport shall include copies of its policies and procedures, including\\nmaterial which is distributed to patients, and a description of the\\nhospital's financial aid policies and procedures. Such description shall\\ninclude the income levels of patients on which eligibility is based, the\\nfinancial aid eligible patients receive and the means of calculating\\nsuch aid, and the service area, if any, used by the hospital to\\ndetermine eligibility.\\n (k) In the event it is determined by the commissioner that the state\\nwill be unable to secure all necessary federal approvals to include, as\\npart of the state's approved state plan under title nineteen of the\\nfederal social security act, a requirement, as set forth in paragraph\\none of this subdivision, that compliance with this subdivision is a\\ncondition of participation in pool distributions authorized pursuant to\\nthis section and section twenty-eight hundred seven-w of this article,\\nthen such condition of participation shall be deemed null and void and,\\nnotwithstanding section twelve of this chapter, failure to comply with\\nthe provisions of this subdivision by a hospital on and after the date\\nof such determination shall make such hospital liable for a civil\\npenalty not to exceed ten thousand dollars for each such violation. The\\nimposition of such civil penalties shall be subject to the provisions of\\nsection twelve-a of this chapter.\\n 10. In order for a general hospital to be eligible for distribution of\\nfunds from the pool, such general hospital if it provides obstetrical\\ncare and services must be in compliance with the provisions of paragraph\\n(e) of subdivision sixteen of section twenty-eight hundred seven-c of\\nthis article.\\n 11. Minimum hospital procedures to determine the availability of\\ninsurance or other third-party coverage for hospital services shall be\\nspecified by the commissioner.\\n 12. Each general hospital shall submit reports to the department at\\nsuch time and in such form as the commissioner shall require of:\\n (a) hospital costs incurred and uncollected amounts in providing\\nservices to the uninsured during the period covered by the report; and\\n (b) hospital costs incurred and uncollected amounts for deductibles\\nand coinsurance for patients with insurance or other third-party payor\\ncoverage.\\n (c) Such reports shall comply with the reporting requirements\\nestablished for receipt of bad debt and charity care pool payments as\\nprovided in accordance with section twenty-eight hundred seven-c of this\\narticle and regulations promulgated thereunder for periods prior to\\nJanuary first, nineteen hundred ninety-seven.\\n 13. Distributions to general hospitals pursuant to this section and\\nthe adjustments provided in accordance with subdivision fourteen-f of\\nsection twenty-eight hundred seven-c of this article shall be considered\\ndisproportionate share payments for inpatient hospital services to\\ngeneral hospitals serving a disproportionate number of low income\\npatients with special needs for purposes of providing assurances to the\\nsecretary of health and human services as necessary to meet federal\\nrequirements for securing federal financial participation pursuant to\\ntitle XIX of the federal social security act.\\n 14. Notwithstanding any inconsistent provision of law to the contrary,\\nthe availability or payment of funds to a general hospital pursuant to\\nthis section shall not be admissible as a defense, offset or reduction\\nin any action or proceeding relating to any bill or claim for amounts\\ndue for hospital services provided.\\n 15. Revenue from distributions pursuant to this section and\\nadjustments pursuant to subdivision fourteen-f of section twenty-eight\\nhundred seven-c of this article shall not be included in gross revenue\\nreceived for purposes of the assessments pursuant to subdivision\\neighteen of section twenty-eight hundred seven-c of this article,\\nsubject to the provisions of paragraph (e) of subdivision eighteen of\\nsection twenty-eight hundred seven-c of this article, and shall not be\\nincluded in gross revenue received for purposes of the assessments\\npursuant to section twenty-eight hundred seven-d of this article,\\nsubject to the provisions of subdivision twelve of section twenty-eight\\nhundred seven-d of this article.\\n 16. Supplemental indigent care distributions. From available resources\\nestablished pursuant to paragraph (a-1) of subdivision four of this\\nsection, each hospital shall receive a proportionate share, provided\\nthat no hospital shall receive less than the reduction amount calculated\\npursuant to paragraph (d) of subdivision three of section twenty-eight\\nhundred seven-m of this article, subject to hospital specific\\ndisproportionate share payment limits calculated in accordance with\\nsubdivision twenty-one of section twenty-eight hundred seven-c of this\\narticle.\\n 17. Indigent care reductions. For each hospital receiving payments\\npursuant to paragraph (i) of subdivision thirty-five of section\\ntwenty-eight hundred seven-c of this article, the commissioner shall\\nreduce the sum of any amounts paid pursuant to this section and pursuant\\nto section twenty-eight hundred seven-w of this article, as computed\\nbased on projected facility specific disproportionate share hospital\\nceilings, by an amount equal to the lower of such sum or each such\\nhospital's payments pursuant to paragraph (i) of subdivision thirty-five\\nof section twenty-eight hundred seven-c of this article, provided,\\nhowever, that any additional aggregate reductions enacted in a chapter\\nof the laws of two thousand ten to the aggregate amounts payable\\npursuant to this section and pursuant to section twenty-eight hundred\\nseven-w of this article shall be applied subsequent to the adjustments\\notherwise provided for in this subdivision.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2807-L", "title" : "Health care initiatives pool distributions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2017-04-28", "2020-04-17", "2023-05-12", "2023-06-23", "2026-06-05" ], "docLevelId" : "2807-L", "activeDate" : "2017-04-28", "sequenceNo" : 1062, "repealedDate" : null, "fromSection" : "2807-L", "toSection" : "2807-L", "text" : " § 2807-l. Health care initiatives pool distributions. 1. Funds\\naccumulated in the health care initiatives pools pursuant to paragraph\\n(b) of subdivision nine of section twenty-eight hundred seven-j of this\\narticle, or the health care reform act (HCRA) resources fund established\\npursuant to section ninety-two-dd of the state finance law, whichever is\\napplicable, including income from invested funds, shall be distributed\\nor retained by the commissioner or by the state comptroller, as\\napplicable, in accordance with the following.\\n (a) Funds shall be reserved and accumulated from year to year and\\nshall be available, including income from invested funds, for purposes\\nof distributions to programs to provide health care coverage for\\nuninsured or underinsured children pursuant to sections twenty-five\\nhundred ten and twenty-five hundred eleven of this chapter from the\\nrespective health care initiatives pools established for the following\\nperiods in the following amounts:\\n (i) from the pool for the period January first, nineteen hundred\\nninety-seven through December thirty-first, nineteen hundred\\nninety-seven, up to one hundred twenty million six hundred thousand\\ndollars;\\n (ii) from the pool for the period January first, nineteen hundred\\nninety-eight through December thirty-first, nineteen hundred\\nninety-eight, up to one hundred sixty-four million five hundred thousand\\ndollars;\\n (iii) from the pool for the period January first, nineteen hundred\\nninety-nine through December thirty-first, nineteen hundred ninety-nine,\\nup to one hundred eighty-one million dollars;\\n (iv) from the pool for the period January first, two thousand through\\nDecember thirty-first, two thousand, two hundred seven million dollars;\\n (v) from the pool for the period January first, two thousand one\\nthrough December thirty-first, two thousand one, two hundred thirty-five\\nmillion dollars;\\n (vi) from the pool for the period January first, two thousand two\\nthrough December thirty-first, two thousand two, three hundred\\ntwenty-four million dollars;\\n (vii) from the pool for the period January first, two thousand three\\nthrough December thirty-first, two thousand three, up to four hundred\\nfifty million three hundred thousand dollars;\\n (viii) from the pool for the period January first, two thousand four\\nthrough December thirty-first, two thousand four, up to four hundred\\nsixty million nine hundred thousand dollars;\\n (ix) from the pool or the health care reform act (HCRA) resources\\nfund, whichever is applicable, for the period January first, two\\nthousand five through December thirty-first, two thousand five, up to\\none hundred fifty-three million eight hundred thousand dollars;\\n (x) from the health care reform act (HCRA) resources fund for the\\nperiod January first, two thousand six through December thirty-first,\\ntwo thousand six, up to three hundred twenty-five million four hundred\\nthousand dollars;\\n (xi) from the health care reform act (HCRA) resources fund for the\\nperiod January first, two thousand seven through December thirty-first,\\ntwo thousand seven, up to four hundred twenty-eight million fifty-nine\\nthousand dollars;\\n (xii) from the health care reform act (HCRA) resources fund for the\\nperiod January first, two thousand eight through December thirty-first,\\ntwo thousand ten, up to four hundred fifty-three million six hundred\\nseventy-four thousand dollars annually;\\n (xiii) from the health care reform act (HCRA) resources fund for the\\nperiod January first, two thousand eleven, through March thirty-first,\\ntwo thousand eleven, up to one hundred thirteen million four hundred\\neighteen thousand dollars;\\n (xiv) from the health care reform act (HCRA) resources fund for the\\nperiod April first, two thousand eleven, through March thirty-first, two\\nthousand twelve, up to three hundred twenty-four million seven hundred\\nforty-four thousand dollars;\\n (xv) from the health care reform act (HCRA) resources fund for the\\nperiod April first, two thousand twelve, through March thirty-first, two\\nthousand thirteen, up to three hundred forty-six million four hundred\\nforty-four thousand dollars;\\n (xvi) from the health care reform act (HCRA) resources fund for the\\nperiod April first, two thousand thirteen, through March thirty-first,\\ntwo thousand fourteen, up to three hundred seventy million six hundred\\nninety-five thousand dollars; and\\n (xvii) from the health care reform act (HCRA) resources fund for each\\nstate fiscal year for periods on and after April first, two thousand\\nfourteen, within amounts appropriated.\\n (b) Funds shall be reserved and accumulated from year to year and\\nshall be available, including income from invested funds, for purposes\\nof distributions for health insurance programs under the individual\\nsubsidy programs established pursuant to the expanded health care\\ncoverage act of nineteen hundred eighty-eight as amended, and for\\nevaluation of such programs from the respective health care initiatives\\npools or the health care reform act (HCRA) resources fund, whichever is\\napplicable, established for the following periods in the following\\namounts:\\n (i) (A) an amount not to exceed six million dollars on an annualized\\nbasis for the periods January first, nineteen hundred ninety-seven\\nthrough December thirty-first, nineteen hundred ninety-nine; up to six\\nmillion dollars for the period January first, two thousand through\\nDecember thirty-first, two thousand; up to five million dollars for the\\nperiod January first, two thousand one through December thirty-first,\\ntwo thousand one; up to four million dollars for the period January\\nfirst, two thousand two through December thirty-first, two thousand two;\\nup to two million six hundred thousand dollars for the period January\\nfirst, two thousand three through December thirty-first, two thousand\\nthree; up to one million three hundred thousand dollars for the period\\nJanuary first, two thousand four through December thirty-first, two\\nthousand four; up to six hundred seventy thousand dollars for the period\\nJanuary first, two thousand five through June thirtieth, two thousand\\nfive; up to one million three hundred thousand dollars for the period\\nApril first, two thousand six through March thirty-first, two thousand\\nseven; and up to one million three hundred thousand dollars annually for\\nthe period April first, two thousand seven through March thirty-first,\\ntwo thousand nine, shall be allocated to individual subsidy programs;\\nand\\n (B) an amount not to exceed seven million dollars on an annualized\\nbasis for the periods during the period January first, nineteen hundred\\nninety-seven through December thirty-first, nineteen hundred ninety-nine\\nand four million dollars annually for the periods January first, two\\nthousand through December thirty-first, two thousand two, and three\\nmillion dollars for the period January first, two thousand three through\\nDecember thirty-first, two thousand three, and two million dollars for\\nthe period January first, two thousand four through December\\nthirty-first, two thousand four, and two million dollars for the period\\nJanuary first, two thousand five through June thirtieth, two thousand\\nfive shall be allocated to the catastrophic health care expense program.\\n (ii) Notwithstanding any law to the contrary, the characterizations of\\nthe New York state small business health insurance partnership program\\nas in effect prior to June thirtieth, two thousand three, voucher\\nprogram as in effect prior to December thirty-first, two thousand one,\\nindividual subsidy program as in effect prior to June thirtieth, two\\nthousand five, and catastrophic health care expense program, as in\\neffect prior to June thirtieth, two thousand five, may, for the purposes\\nof identifying matching funds for the community health care conversion\\ndemonstration project described in a waiver of the provisions of title\\nXIX of the federal social security act granted to the state of New York\\nand dated July fifteenth, nineteen hundred ninety-seven, may continue to\\nbe used to characterize the insurance programs in sections four thousand\\nthree hundred twenty-one-a, four thousand three hundred twenty-two-a,\\nfour thousand three hundred twenty-six and four thousand three hundred\\ntwenty-seven of the insurance law, which are successor programs to these\\nprograms.\\n (c) Up to seventy-eight million dollars shall be reserved and\\naccumulated from year to year from the pool for the period January\\nfirst, nineteen hundred ninety-seven through December thirty-first,\\nnineteen hundred ninety-seven, for purposes of public health programs,\\nup to seventy-six million dollars shall be reserved and accumulated from\\nyear to year from the pools for the periods January first, nineteen\\nhundred ninety-eight through December thirty-first, nineteen hundred\\nninety-eight and January first, nineteen hundred ninety-nine through\\nDecember thirty-first, nineteen hundred ninety-nine, up to eighty-four\\nmillion dollars shall be reserved and accumulated from year to year from\\nthe pools for the period January first, two thousand through December\\nthirty-first, two thousand, up to eighty-five million dollars shall be\\nreserved and accumulated from year to year from the pools for the period\\nJanuary first, two thousand one through December thirty-first, two\\nthousand one, up to eighty-six million dollars shall be reserved and\\naccumulated from year to year from the pools for the period January\\nfirst, two thousand two through December thirty-first, two thousand two,\\nup to eighty-six million one hundred fifty thousand dollars shall be\\nreserved and accumulated from year to year from the pools for the period\\nJanuary first, two thousand three through December thirty-first, two\\nthousand three, up to fifty-eight million seven hundred eighty thousand\\ndollars shall be reserved and accumulated from year to year from the\\npools for the period January first, two thousand four through December\\nthirty-first, two thousand four, up to sixty-eight million seven hundred\\nthirty thousand dollars shall be reserved and accumulated from year to\\nyear from the pools or the health care reform act (HCRA) resources fund,\\nwhichever is applicable, for the period January first, two thousand five\\nthrough December thirty-first, two thousand five, up to ninety-four\\nmillion three hundred fifty thousand dollars shall be reserved and\\naccumulated from year to year from the health care reform act (HCRA)\\nresources fund for the period January first, two thousand six through\\nDecember thirty-first, two thousand six, up to seventy million nine\\nhundred thirty-nine thousand dollars shall be reserved and accumulated\\nfrom year to year from the health care reform act (HCRA) resources fund\\nfor the period January first, two thousand seven through December\\nthirty-first, two thousand seven, up to fifty-five million six hundred\\neighty-nine thousand dollars annually shall be reserved and accumulated\\nfrom year to year from the health care reform act (HCRA) resources fund\\nfor the period January first, two thousand eight through December\\nthirty-first, two thousand ten, up to thirteen million nine hundred\\ntwenty-two thousand dollars shall be reserved and accumulated from year\\nto year from the health care reform act (HCRA) resources fund for the\\nperiod January first, two thousand eleven through March thirty-first,\\ntwo thousand eleven, and for periods on and after April first, two\\nthousand eleven, up to funding amounts specified below and shall be\\navailable, including income from invested funds, for:\\n (i) deposit by the commissioner, within amounts appropriated, and the\\nstate comptroller is hereby authorized and directed to receive for\\ndeposit to, to the credit of the department of health's special revenue\\nfund - other, hospital based grants program account or the health care\\nreform act (HCRA) resources fund, whichever is applicable, for purposes\\nof services and expenses related to general hospital based grant\\nprograms, up to twenty-two million dollars annually from the nineteen\\nhundred ninety-seven pool, nineteen hundred ninety-eight pool, nineteen\\nhundred ninety-nine pool, two thousand pool, two thousand one pool and\\ntwo thousand two pool, respectively, up to twenty-two million dollars\\nfrom the two thousand three pool, up to ten million dollars for the\\nperiod January first, two thousand four through December thirty-first,\\ntwo thousand four, up to eleven million dollars for the period January\\nfirst, two thousand five through December thirty-first, two thousand\\nfive, up to twenty-two million dollars for the period January first, two\\nthousand six through December thirty-first, two thousand six, up to\\ntwenty-two million ninety-seven thousand dollars annually for the period\\nJanuary first, two thousand seven through December thirty-first, two\\nthousand ten, up to five million five hundred twenty-four thousand\\ndollars for the period January first, two thousand eleven through March\\nthirty-first, two thousand eleven, up to thirteen million four hundred\\nforty-five thousand dollars for the period April first, two thousand\\neleven through March thirty-first, two thousand twelve, and up to\\nthirteen million three hundred seventy-five thousand dollars each state\\nfiscal year for the period April first, two thousand twelve through\\nMarch thirty-first, two thousand fourteen;\\n (ii) deposit by the commissioner, within amounts appropriated, and the\\nstate comptroller is hereby authorized and directed to receive for\\ndeposit to, to the credit of the emergency medical services training\\naccount established in section ninety-seven-q of the state finance law\\nor the health care reform act (HCRA) resources fund, whichever is\\napplicable, up to sixteen million dollars on an annualized basis for the\\nperiods January first, nineteen hundred ninety-seven through December\\nthirty-first, nineteen hundred ninety-nine, up to twenty million dollars\\nfor the period January first, two thousand through December\\nthirty-first, two thousand, up to twenty-one million dollars for the\\nperiod January first, two thousand one through December thirty-first,\\ntwo thousand one, up to twenty-two million dollars for the period\\nJanuary first, two thousand two through December thirty-first, two\\nthousand two, up to twenty-two million five hundred fifty thousand\\ndollars for the period January first, two thousand three through\\nDecember thirty-first, two thousand three, up to nine million six\\nhundred eighty thousand dollars for the period January first, two\\nthousand four through December thirty-first, two thousand four, up to\\ntwelve million one hundred thirty thousand dollars for the period\\nJanuary first, two thousand five through December thirty-first, two\\nthousand five, up to twenty-four million two hundred fifty thousand\\ndollars for the period January first, two thousand six through December\\nthirty-first, two thousand six, up to twenty million four hundred\\nninety-two thousand dollars annually for the period January first, two\\nthousand seven through December thirty-first, two thousand ten, up to\\nfive million one hundred twenty-three thousand dollars for the period\\nJanuary first, two thousand eleven through March thirty-first, two\\nthousand eleven, up to eighteen million three hundred fifty thousand\\ndollars for the period April first, two thousand eleven through March\\nthirty-first, two thousand twelve, up to eighteen million nine hundred\\nfifty thousand dollars for the period April first, two thousand twelve\\nthrough March thirty-first, two thousand thirteen, up to nineteen\\nmillion four hundred nineteen thousand dollars for the period April\\nfirst, two thousand thirteen through March thirty-first, two thousand\\nfourteen, and up to nineteen million six hundred fifty-nine thousand\\nseven hundred dollars each state fiscal year for the period of April\\nfirst, two thousand fourteen through March thirty-first, two thousand\\ntwenty;\\n (iii) priority distributions by the commissioner up to thirty-two\\nmillion dollars on an annualized basis for the period January first, two\\nthousand through December thirty-first, two thousand four, up to\\nthirty-eight million dollars on an annualized basis for the period\\nJanuary first, two thousand five through December thirty-first, two\\nthousand six, up to eighteen million two hundred fifty thousand dollars\\nfor the period January first, two thousand seven through December\\nthirty-first, two thousand seven, up to three million dollars annually\\nfor the period January first, two thousand eight through December\\nthirty-first, two thousand ten, up to seven hundred fifty thousand\\ndollars for the period January first, two thousand eleven through March\\nthirty-first, two thousand eleven, up to two million nine hundred\\nthousand dollars each state fiscal year for the period April first, two\\nthousand eleven through March thirty-first, two thousand fourteen, and\\nup to two million nine hundred thousand dollars each state fiscal year\\nfor the period April first, two thousand fourteen through March\\nthirty-first, two thousand twenty to be allocated (A) for the purposes\\nestablished pursuant to subparagraph (ii) of paragraph (f) of\\nsubdivision nineteen of section twenty-eight hundred seven-c of this\\narticle as in effect on December thirty-first, nineteen hundred\\nninety-six and as may thereafter be amended, up to fifteen million\\ndollars annually for the periods January first, two thousand through\\nDecember thirty-first, two thousand four, up to twenty-one million\\ndollars annually for the period January first, two thousand five through\\nDecember thirty-first, two thousand six, and up to seven million five\\nhundred thousand dollars for the period January first, two thousand\\nseven through March thirty-first, two thousand seven;\\n (B) pursuant to a memorandum of understanding entered into by the\\ncommissioner, the majority leader of the senate and the speaker of the\\nassembly, for the purposes outlined in such memorandum upon the\\nrecommendation of the majority leader of the senate, up to eight\\nmillion five hundred thousand dollars annually for the period January\\nfirst, two thousand through December thirty-first, two thousand six, and\\nup to four million two hundred fifty thousand dollars for the period\\nJanuary first, two thousand seven through June thirtieth, two thousand\\nseven, and for the purposes outlined in such memorandum upon the\\nrecommendation of the speaker of the assembly, up to eight million five\\nhundred thousand dollars annually for the periods January first, two\\nthousand through December thirty-first, two thousand six, and up to four\\nmillion two hundred fifty thousand dollars for the period January first,\\ntwo thousand seven through June thirtieth, two thousand seven; and\\n (C) for services and expenses, including grants, related to emergency\\nassistance distributions as designated by the commissioner.\\nNotwithstanding section one hundred twelve or one hundred sixty-three of\\nthe state finance law or any other contrary provision of law, such\\ndistributions shall be limited to providers or programs where, as\\ndetermined by the commissioner, emergency assistance is vital to protect\\nthe life or safety of patients, to ensure the retention of facility\\ncaregivers or other staff, or in instances where health facility\\noperations are jeopardized, or where the public health is jeopardized or\\nother emergency situations exist, up to three million dollars annually\\nfor the period April first, two thousand seven through March\\nthirty-first, two thousand eleven, up to two million nine hundred\\nthousand dollars each state fiscal year for the period April first, two\\nthousand eleven through March thirty-first, two thousand fourteen, up to\\ntwo million nine hundred thousand dollars each state fiscal year for the\\nperiod April first, two thousand fourteen through March thirty-first,\\ntwo thousand seventeen, and up to two million nine hundred thousand\\ndollars each state fiscal year for the period April first, two thousand\\nseventeen through March thirty-first, two thousand twenty. Upon any\\ndistribution of such funds, the commissioner shall immediately notify\\nthe chair and ranking minority member of the senate finance committee,\\nthe assembly ways and means committee, the senate committee on health,\\nand the assembly committee on health;\\n (iv) distributions by the commissioner related to poison control\\ncenters pursuant to subdivision seven of section twenty-five hundred-d\\nof this chapter, up to five million dollars for the period January\\nfirst, nineteen hundred ninety-seven through December thirty-first,\\nnineteen hundred ninety-seven, up to three million dollars on an\\nannualized basis for the periods during the period January first,\\nnineteen hundred ninety-eight through December thirty-first, nineteen\\nhundred ninety-nine, up to five million dollars annually for the periods\\nJanuary first, two thousand through December thirty-first, two thousand\\ntwo, up to four million six hundred thousand dollars annually for the\\nperiods January first, two thousand three through December thirty-first,\\ntwo thousand four, up to five million one hundred thousand dollars for\\nthe period January first, two thousand five through December\\nthirty-first, two thousand six annually, up to five million one hundred\\nthousand dollars annually for the period January first, two thousand\\nseven through December thirty-first, two thousand nine, up to three\\nmillion six hundred thousand dollars for the period January first, two\\nthousand ten through December thirty-first, two thousand ten, up to\\nseven hundred seventy-five thousand dollars for the period January\\nfirst, two thousand eleven through March thirty-first, two thousand\\neleven, up to two million five hundred thousand dollars each state\\nfiscal year for the period April first, two thousand eleven through\\nMarch thirty-first, two thousand fourteen, up to three million dollars\\neach state fiscal year for the period April first, two thousand fourteen\\nthrough March thirty-first, two thousand seventeen, and up to three\\nmillion dollars each state fiscal year for the period April first, two\\nthousand seventeen through March thirty-first, two thousand twenty; and\\n (v) deposit by the commissioner, within amounts appropriated, and the\\nstate comptroller is hereby authorized and directed to receive for\\ndeposit to, to the credit of the department of health's special revenue\\nfund - other, miscellaneous special revenue fund - 339 maternal and\\nchild HIV services account or the health care reform act (HCRA)\\nresources fund, whichever is applicable, for purposes of a special\\nprogram for HIV services for women and children, including adolescents\\npursuant to section twenty-five hundred-f-one of this chapter, up to\\nfive million dollars annually for the periods January first, two\\nthousand through December thirty-first, two thousand two, up to five\\nmillion dollars for the period January first, two thousand three through\\nDecember thirty-first, two thousand three, up to two million five\\nhundred thousand dollars for the period January first, two thousand four\\nthrough December thirty-first, two thousand four, up to two million five\\nhundred thousand dollars for the period January first, two thousand five\\nthrough December thirty-first, two thousand five, up to five million\\ndollars for the period January first, two thousand six through December\\nthirty-first, two thousand six, up to five million dollars annually for\\nthe period January first, two thousand seven through December\\nthirty-first, two thousand ten, up to one million two hundred fifty\\nthousand dollars for the period January first, two thousand eleven\\nthrough March thirty-first, two thousand eleven, and up to five million\\ndollars each state fiscal year for the period April first, two thousand\\neleven through March thirty-first, two thousand fourteen;\\n (d) (i) An amount of up to twenty million dollars annually for the\\nperiod January first, two thousand through December thirty-first, two\\nthousand six, up to ten million dollars for the period January first,\\ntwo thousand seven through June thirtieth, two thousand seven, up to\\ntwenty million dollars annually for the period January first, two\\nthousand eight through December thirty-first, two thousand ten, up to\\nfive million dollars for the period January first, two thousand eleven\\nthrough March thirty-first, two thousand eleven, up to nineteen million\\nsix hundred thousand dollars each state fiscal year for the period April\\nfirst, two thousand eleven through March thirty-first, two thousand\\nfourteen, up to nineteen million six hundred thousand dollars each state\\nfiscal year for the period April first, two thousand fourteen through\\nMarch thirty-first, two thousand seventeen, and up to nineteen million\\nsix hundred thousand dollars each state fiscal year for the period of\\nApril first, two thousand seventeen through March thirty-first, two\\nthousand twenty, shall be transferred to the health facility\\nrestructuring pool established pursuant to section twenty-eight hundred\\nfifteen of this article;\\n (ii) provided, however, amounts transferred pursuant to subparagraph\\n(i) of this paragraph may be reduced in an amount to be approved by the\\ndirector of the budget to reflect the amount received from the federal\\ngovernment under the state's 1115 waiver which is directed under its\\nterms and conditions to the health facility restructuring program.\\n (e) Funds shall be reserved and accumulated from year to year and\\nshall be available, including income from invested funds, for purposes\\nof distributions to organizations to support the health workforce\\nretraining program established pursuant to section twenty-eight hundred\\nseven-g of this article from the respective health care initiatives\\npools established for the following periods in the following amounts\\nfrom the pools or the health care reform act (HCRA) resources fund,\\nwhichever is applicable, during the period January first, nineteen\\nhundred ninety-seven through December thirty-first, nineteen hundred\\nninety-nine, up to fifty million dollars on an annualized basis, up to\\nthirty million dollars for the period January first, two thousand\\nthrough December thirty-first, two thousand, up to forty million dollars\\nfor the period January first, two thousand one through December\\nthirty-first, two thousand one, up to fifty million dollars for the\\nperiod January first, two thousand two through December thirty-first,\\ntwo thousand two, up to forty-one million one hundred fifty thousand\\ndollars for the period January first, two thousand three through\\nDecember thirty-first, two thousand three, up to forty-one million one\\nhundred fifty thousand dollars for the period January first, two\\nthousand four through December thirty-first, two thousand four, up to\\nfifty-eight million three hundred sixty thousand dollars for the period\\nJanuary first, two thousand five through December thirty-first, two\\nthousand five, up to fifty-two million three hundred sixty thousand\\ndollars for the period January first, two thousand six through December\\nthirty-first, two thousand six, up to thirty-five million four hundred\\nthousand dollars annually for the period January first, two thousand\\nseven through December thirty-first, two thousand ten, up to eight\\nmillion eight hundred fifty thousand dollars for the period January\\nfirst, two thousand eleven through March thirty-first, two thousand\\neleven, up to twenty-eight million four hundred thousand dollars each\\nstate fiscal year for the period April first, two thousand eleven\\nthrough March thirty-first, two thousand fourteen, up to twenty-six\\nmillion eight hundred seventeen thousand dollars each state fiscal year\\nfor the period April first, two thousand fourteen through March\\nthirty-first, two thousand seventeen, and up to twenty-six million eight\\nhundred seventeen thousand dollars each state fiscal year for the period\\nApril first, two thousand seventeen through March thirty-first, two\\nthousand twenty, less the amount of funds available for allocations for\\nrate adjustments for workforce training programs for payments by state\\ngovernmental agencies for inpatient hospital services.\\n (f) Funds shall be accumulated and transferred from as follows:\\n (i) from the pool for the period January first, nineteen hundred\\nninety-seven through December thirty-first, nineteen hundred\\nninety-seven, (A) thirty-four million six hundred thousand dollars\\nshall be transferred to funds reserved and accumulated pursuant to\\nparagraph (b) of subdivision nineteen of section twenty-eight hundred\\nseven-c of this article, and (B) eighty-two million dollars shall be\\ntransferred and deposited and credited to the credit of the state\\ngeneral fund medical assistance local assistance account;\\n (ii) from the pool for the period January first, nineteen hundred\\nninety-eight through December thirty-first, nineteen hundred\\nninety-eight, eighty-two million dollars shall be transferred and\\ndeposited and credited to the credit of the state general fund medical\\nassistance local assistance account;\\n (iii) from the pool for the period January first, nineteen hundred\\nninety-nine through December thirty-first, nineteen hundred ninety-nine,\\neighty-two million dollars shall be transferred and deposited and\\ncredited to the credit of the state general fund medical assistance\\nlocal assistance account;\\n (iv) from the pool or the health care reform act (HCRA) resources\\nfund, whichever is applicable, for the period January first, two\\nthousand through December thirty-first, two thousand four, eighty-two\\nmillion dollars annually, and for the period January first, two thousand\\nfive through December thirty-first, two thousand five, eighty-two\\nmillion dollars, and for the period January first, two thousand six\\nthrough December thirty-first, two thousand six, eighty-two million\\ndollars, and for the period January first, two thousand seven through\\nDecember thirty-first, two thousand seven, eighty-two million dollars,\\nand for the period January first, two thousand eight through December\\nthirty-first, two thousand eight, ninety million seven hundred thousand\\ndollars shall be deposited by the commissioner, and the state\\ncomptroller is hereby authorized and directed to receive for deposit to\\nthe credit of the state special revenue fund - other, HCRA transfer\\nfund, medical assistance account;\\n (v) from the health care reform act (HCRA) resources fund for the\\nperiod January first, two thousand nine through December thirty-first,\\ntwo thousand nine, one hundred eight million nine hundred seventy-five\\nthousand dollars, and for the period January first, two thousand ten\\nthrough December thirty-first, two thousand ten, one hundred twenty-six\\nmillion one hundred thousand dollars, for the period January first, two\\nthousand eleven through March thirty-first, two thousand eleven, twenty\\nmillion five hundred thousand dollars, and for each state fiscal year\\nfor the period April first, two thousand eleven through March\\nthirty-first, two thousand fourteen, one hundred forty-six million four\\nhundred thousand dollars, shall be deposited by the commissioner, and\\nthe state comptroller is hereby authorized and directed to receive for\\ndeposit, to the credit of the state special revenue fund - other, HCRA\\ntransfer fund, medical assistance account.\\n (g) Funds shall be transferred to primary health care services pools\\ncreated by the commissioner, and shall be available, including income\\nfrom invested funds, for distributions in accordance with former section\\ntwenty-eight hundred seven-bb of this article from the respective health\\ncare initiatives pools for the following periods in the following\\npercentage amounts of funds remaining after allocations in accordance\\nwith paragraphs (a) through (f) of this subdivision:\\n (i) from the pool for the period January first, nineteen hundred\\nninety-seven through December thirty-first, nineteen hundred\\nninety-seven, fifteen and eighty-seven-hundredths percent;\\n (ii) from the pool for the period January first, nineteen hundred\\nninety-eight through December thirty-first, nineteen hundred\\nninety-eight, fifteen and eighty-seven-hundredths percent; and\\n (iii) from the pool for the period January first, nineteen hundred\\nninety-nine through December thirty-first, nineteen hundred ninety-nine,\\nsixteen and thirteen-hundredths percent.\\n (h) Funds shall be reserved and accumulated from year to year by the\\ncommissioner and shall be available, including income from invested\\nfunds, for purposes of primary care education and training pursuant to\\narticle nine of this chapter from the respective health care initiatives\\npools established for the following periods in the following percentage\\namounts of funds remaining after allocations in accordance with\\nparagraphs (a) through (f) of this subdivision and shall be available\\nfor distributions as follows:\\n (i) funds shall be reserved and accumulated:\\n (A) from the pool for the period January first, nineteen hundred\\nninety-seven through December thirty-first, nineteen hundred\\nninety-seven, six and thirty-five-hundredths percent;\\n (B) from the pool for the period January first, nineteen hundred\\nninety-eight through December thirty-first, nineteen hundred\\nninety-eight, six and thirty-five-hundredths percent; and\\n (C) from the pool for the period January first, nineteen hundred\\nninety-nine through December thirty-first, nineteen hundred ninety-nine,\\nsix and forty-five-hundredths percent;\\n (ii) funds shall be available for distributions including income from\\ninvested funds as follows:\\n (A) for purposes of the primary care physician loan repayment program\\nin accordance with section nine hundred three of this chapter, up to\\nfive million dollars on an annualized basis;\\n (B) for purposes of the primary care practitioner scholarship program\\nin accordance with section nine hundred four of this chapter, up to two\\nmillion dollars on an annualized basis;\\n (C) for purposes of minority participation in medical education grants\\nin accordance with section nine hundred six of this chapter, up to one\\nmillion dollars on an annualized basis; and\\n (D) provided, however, that the commissioner may reallocate any funds\\nremaining or unallocated for distributions for the primary care\\npractitioner scholarship program in accordance with section nine hundred\\nfour of this chapter.\\n (i) Funds shall be reserved and accumulated from year to year and\\nshall be available, including income from invested funds, for\\ndistributions in accordance with section twenty-nine hundred fifty-two\\nand section twenty-nine hundred fifty-eight of this chapter for rural\\nhealth care delivery development and rural health care access\\ndevelopment, respectively, from the respective health care initiatives\\npools or the health care reform act (HCRA) resources fund, whichever is\\napplicable, for the following periods in the following percentage\\namounts of funds remaining after allocations in accordance with\\nparagraphs (a) through (f) of this subdivision, and for periods on and\\nafter January first, two thousand, in the following amounts:\\n (i) from the pool for the period January first, nineteen hundred\\nninety-seven through December thirty-first, nineteen hundred\\nninety-seven, thirteen and forty-nine-hundredths percent;\\n (ii) from the pool for the period January first, nineteen hundred\\nninety-eight through December thirty-first, nineteen hundred\\nninety-eight, thirteen and forty-nine-hundredths percent;\\n (iii) from the pool for the period January first, nineteen hundred\\nninety-nine through December thirty-first, nineteen hundred ninety-nine,\\nthirteen and seventy-one-hundredths percent;\\n (iv) from the pool for the periods January first, two thousand through\\nDecember thirty-first, two thousand two, seventeen million dollars\\nannually, and for the period January first, two thousand three through\\nDecember thirty-first, two thousand three, up to fifteen million eight\\nhundred fifty thousand dollars;\\n (v) from the pool or the health care reform act (HCRA) resources fund,\\nwhichever is applicable, for the period January first, two thousand four\\nthrough December thirty-first, two thousand four, up to fifteen million\\neight hundred fifty thousand dollars, for the period January first, two\\nthousand five through December thirty-first, two thousand five, up to\\nnineteen million two hundred thousand dollars, for the period January\\nfirst, two thousand six through December thirty-first, two thousand six,\\nup to nineteen million two hundred thousand dollars, for the period\\nJanuary first, two thousand seven through December thirty-first, two\\nthousand ten, up to eighteen million one hundred fifty thousand dollars\\nannually, for the period January first, two thousand eleven through\\nMarch thirty-first, two thousand eleven, up to four million five hundred\\nthirty-eight thousand dollars, for each state fiscal year for the period\\nApril first, two thousand eleven through March thirty-first, two\\nthousand fourteen, up to sixteen million two hundred thousand dollars,\\nup to sixteen million two hundred thousand dollars each state fiscal\\nyear for the period April first, two thousand fourteen through March\\nthirty-first, two thousand seventeen, and up to sixteen million two\\nhundred thousand dollars each state fiscal year for the period April\\nfirst, two thousand seventeen through March thirty-first, two thousand\\ntwenty.\\n (j) Funds shall be reserved and accumulated from year to year and\\nshall be available, including income from invested funds, for purposes\\nof distributions related to health information and health care quality\\nimprovement pursuant to former section twenty-eight hundred seven-n of\\nthis article from the respective health care initiatives pools\\nestablished for the following periods in the following percentage\\namounts of funds remaining after allocations in accordance with\\nparagraphs (a) through (f) of this subdivision:\\n (i) from the pool for the period January first, nineteen hundred\\nninety-seven through December thirty-first, nineteen hundred\\nninety-seven, six and thirty-five-hundredths percent;\\n (ii) from the pool for the period January first, nineteen hundred\\nninety-eight through December thirty-first, nineteen hundred\\nninety-eight, six and thirty-five-hundredths percent; and\\n (iii) from the pool for the period January first, nineteen hundred\\nninety-nine through December thirty-first, nineteen hundred ninety-nine,\\nsix and forty-five-hundredths percent.\\n (k) Funds shall be reserved and accumulated from year to year and\\nshall be available, including income from invested funds, for\\nallocations and distributions in accordance with section twenty-eight\\nhundred seven-p of this article for diagnostic and treatment center\\nuncompensated care from the respective health care initiatives pools or\\nthe health care reform act (HCRA) resources fund, whichever is\\napplicable, for the following periods in the following percentage\\namounts of funds remaining after allocations in accordance with\\nparagraphs (a) through (f) of this subdivision, and for periods on and\\nafter January first, two thousand, in the following amounts:\\n (i) from the pool for the period January first, nineteen hundred\\nninety-seven through December thirty-first, nineteen hundred\\nninety-seven, thirty-eight and one-tenth percent;\\n (ii) from the pool for the period January first, nineteen hundred\\nninety-eight through December thirty-first, nineteen hundred\\nninety-eight, thirty-eight and one-tenth percent;\\n (iii) from the pool for the period January first, nineteen hundred\\nninety-nine through December thirty-first, nineteen hundred ninety-nine,\\nthirty-eight and seventy-one-hundredths percent;\\n (iv) from the pool for the periods January first, two thousand through\\nDecember thirty-first, two thousand two, forty-eight million dollars\\nannually, and for the period January first, two thousand three through\\nJune thirtieth, two thousand three, twenty-four million dollars;\\n (v) (A) from the pool or the health care reform act (HCRA) resources\\nfund, whichever is applicable, for the period July first, two thousand\\nthree through December thirty-first, two thousand three, up to six\\nmillion dollars, for the period January first, two thousand four through\\nDecember thirty-first, two thousand six, up to twelve million dollars\\nannually, for the period January first, two thousand seven through\\nDecember thirty-first, two thousand thirteen, up to forty-eight million\\ndollars annually, for the period January first, two thousand fourteen\\nthrough March thirty-first, two thousand fourteen, up to twelve million\\ndollars for the period April first, two thousand fourteen through March\\nthirty-first, two thousand seventeen, up to forty-eight million dollars\\nannually, and for the period April first, two thousand seventeen through\\nMarch thirty-first, two thousand twenty, up to forty-eight million\\ndollars annually;\\n (B) from the health care reform act (HCRA) resources fund for the\\nperiod January first, two thousand six through December thirty-first,\\ntwo thousand six, an additional seven million five hundred thousand\\ndollars, for the period January first, two thousand seven through\\nDecember thirty-first, two thousand thirteen, an additional seven\\nmillion five hundred thousand dollars annually, for the period January\\nfirst, two thousand fourteen through March thirty-first, two thousand\\nfourteen, an additional one million eight hundred seventy-five thousand\\ndollars, for the period April first, two thousand fourteen through March\\nthirty-first, two thousand seventeen, an additional seven million five\\nhundred thousand dollars annually, and for the period April first, two\\nthousand seventeen through March thirty-first, two thousand twenty, an\\nadditional seven million five hundred thousand dollars annually for\\nvoluntary non-profit diagnostic and treatment center uncompensated care\\nin accordance with subdivision four-c of section twenty-eight hundred\\nseven-p of this article; and\\n (vi) funds reserved and accumulated pursuant to this paragraph for\\nperiods on and after July first, two thousand three, shall be deposited\\nby the commissioner, within amounts appropriated, and the state\\ncomptroller is hereby authorized and directed to receive for deposit to\\nthe credit of the state special revenue funds - other, HCRA transfer\\nfund, medical assistance account, for purposes of funding the state\\nshare of rate adjustments made pursuant to section twenty-eight hundred\\nseven-p of this article, provided, however, that in the event federal\\nfinancial participation is not available for rate adjustments made\\npursuant to paragraph (b) of subdivision one of section twenty-eight\\nhundred seven-p of this article, funds shall be distributed pursuant to\\nparagraph (a) of subdivision one of section twenty-eight hundred seven-p\\nof this article from the respective health care initiatives pools or the\\nhealth care reform act (HCRA) resources fund, whichever is applicable.\\n (l) Funds shall be reserved and accumulated from year to year by the\\ncommissioner and shall be available, including income from invested\\nfunds, for transfer to and allocation for services and expenses for the\\npayment of benefits to recipients of drugs under the AIDS drug\\nassistance program (ADAP) - HIV uninsured care program as administered\\nby Health Research Incorporated from the respective health care\\ninitiatives pools or the health care reform act (HCRA) resources fund,\\nwhichever is applicable, established for the following periods in the\\nfollowing percentage amounts of funds remaining after allocations in\\naccordance with paragraphs (a) through (f) of this subdivision, and for\\nperiods on and after January first, two thousand, in the following\\namounts:\\n (i) from the pool for the period January first, nineteen hundred\\nninety-seven through December thirty-first, nineteen hundred\\nninety-seven, nine and fifty-two-hundredths percent;\\n (ii) from the pool for the period January first, nineteen hundred\\nninety-eight through December thirty-first, nineteen hundred\\nninety-eight, nine and fifty-two-hundredths percent;\\n (iii) from the pool for the period January first, nineteen hundred\\nninety-nine and December thirty-first, nineteen hundred ninety-nine,\\nnine and sixty-eight-hundredths percent;\\n (iv) from the pool for the periods January first, two thousand through\\nDecember thirty-first, two thousand two, up to twelve million dollars\\nannually, and for the period January first, two thousand three through\\nDecember thirty-first, two thousand three, up to forty million dollars;\\nand\\n (v) from the pool or the health care reform act (HCRA) resources fund,\\nwhichever is applicable, for the periods January first, two thousand\\nfour through December thirty-first, two thousand four, up to fifty-six\\nmillion dollars, for the period January first, two thousand five through\\nDecember thirty-first, two thousand six, up to sixty million dollars\\nannually, for the period January first, two thousand seven through\\nDecember thirty-first, two thousand ten, up to sixty million dollars\\nannually, for the period January first, two thousand eleven through\\nMarch thirty-first, two thousand eleven, up to fifteen million dollars,\\neach state fiscal year for the period April first, two thousand eleven\\nthrough March thirty-first, two thousand fourteen, up to forty-two\\nmillion three hundred thousand dollars and up to forty-one million fifty\\nthousand dollars each state fiscal year for the period April first, two\\nthousand fourteen through March thirty-first, two thousand twenty.\\n (m) Funds shall be reserved and accumulated from year to year and\\nshall be available, including income from invested funds, for purposes\\nof distributions pursuant to section twenty-eight hundred seven-r of\\nthis article for cancer related services from the respective health care\\ninitiatives pools or the health care reform act (HCRA) resources fund,\\nwhichever is applicable, established for the following periods in the\\nfollowing percentage amounts of funds remaining after allocations in\\naccordance with paragraphs (a) through (f) of this subdivision, and for\\nperiods on and after January first, two thousand, in the following\\namounts:\\n (i) from the pool for the period January first, nineteen hundred\\nninety-seven through December thirty-first, nineteen hundred\\nninety-seven, seven and ninety-four-hundredths percent;\\n (ii) from the pool for the period January first, nineteen hundred\\nninety-eight through December thirty-first, nineteen hundred\\nninety-eight, seven and ninety-four-hundredths percent;\\n (iii) from the pool for the period January first, nineteen hundred\\nninety-nine and December thirty-first, nineteen hundred ninety-nine, six\\nand forty-five-hundredths percent;\\n (iv) from the pool for the period January first, two thousand through\\nDecember thirty-first, two thousand two, up to ten million dollars on an\\nannual basis;\\n (v) from the pool for the period January first, two thousand three\\nthrough December thirty-first, two thousand four, up to eight million\\nnine hundred fifty thousand dollars on an annual basis;\\n (vi) from the pool or the health care reform act (HCRA) resources\\nfund, whichever is applicable, for the period January first, two\\nthousand five through December thirty-first, two thousand six, up to ten\\nmillion fifty thousand dollars on an annual basis, for the period\\nJanuary first, two thousand seven through December thirty-first, two\\nthousand ten, up to nineteen million dollars annually, and for the\\nperiod January first, two thousand eleven through March thirty-first,\\ntwo thousand eleven, up to four million seven hundred fifty thousand\\ndollars.\\n (n) Funds shall be accumulated and transferred from the health care\\nreform act (HCRA) resources fund as follows: for the period April first,\\ntwo thousand seven through March thirty-first, two thousand eight, and\\non an annual basis for the periods April first, two thousand eight\\nthrough November thirtieth, two thousand nine, funds within amounts\\nappropriated shall be transferred and deposited and credited to the\\ncredit of the state special revenue funds - other, HCRA transfer fund,\\nmedical assistance account, for purposes of funding the state share of\\nrate adjustments made to public and voluntary hospitals in accordance\\nwith paragraphs (i) and (j) of subdivision one of section twenty-eight\\nhundred seven-c of this article.\\n 2. Notwithstanding any inconsistent provision of law, rule or\\nregulation, any funds accumulated in the health care initiatives pools\\npursuant to paragraph (b) of subdivision nine of section twenty-eight\\nhundred seven-j of this article, as a result of surcharges, assessments\\nor other obligations during the periods January first, nineteen hundred\\nninety-seven through December thirty-first, nineteen hundred\\nninety-nine, which are unused or uncommitted for distributions pursuant\\nto this section shall be reserved and accumulated from year to year by\\nthe commissioner and, within amounts appropriated, transferred and\\ndeposited into the special revenue funds - other, miscellaneous special\\nrevenue fund - 339, child health insurance account or any successor fund\\nor account, for purposes of distributions to implement the child health\\ninsurance program established pursuant to sections twenty-five hundred\\nten and twenty-five hundred eleven of this chapter for periods on and\\nafter January first, two thousand one; provided, however, funds reserved\\nand accumulated for priority distributions pursuant to subparagraph\\n(iii) of paragraph (c) of subdivision one of this section shall not be\\ntransferred and deposited into such account pursuant to this\\nsubdivision; and provided further, however, that any unused or\\nuncommitted pool funds accumulated and allocated pursuant to paragraph\\n(j) of subdivision one of this section shall be distributed for purposes\\nof the health information and quality improvement act of 2000.\\n 3. Revenue from distributions pursuant to this section shall not be\\nincluded in gross revenue received for purposes of the assessments\\npursuant to subdivision eighteen of section twenty-eight hundred seven-c\\nof this article, subject to the provisions of paragraph (e) of\\nsubdivision eighteen of section twenty-eight hundred seven-c of this\\narticle, and shall not be included in gross revenue received for\\npurposes of the assessments pursuant to section twenty-eight hundred\\nseven-d of this article, subject to the provisions of subdivision twelve\\nof section twenty-eight hundred seven-d of this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2807-M", "title" : "Distribution of the professional education pools", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-05-01", "2016-04-22", "2017-04-28", "2020-04-17", "2023-05-12", "2023-06-23", "2026-06-05" ], "docLevelId" : "2807-M", "activeDate" : "2017-04-28", "sequenceNo" : 1063, "repealedDate" : null, "fromSection" : "2807-M", "toSection" : "2807-M", "text" : " § 2807-m. Distribution of the professional education pools. 1.\\nDefinitions. For purposes of this section, the following definitions\\nshall apply, unless the context clearly requires otherwise:\\n (a) \"Clinical research\" means patient-oriented research, epidemiologic\\nand behavioral studies, or outcomes research and health services\\nresearch that is approved by an institutional review board by the time\\nthe clinical research position is filled.\\n (b) \"Clinical research plan\" means a plan submitted by a consortium or\\nteaching general hospital for a clinical research position which\\ndemonstrates, in a form to be provided by the commissioner, the\\nfollowing:\\n (i) financial support for overhead, supervision, equipment and other\\nresources equal to the amount of funding provided pursuant to\\nsubparagraph (i) of paragraph (b) of subdivision five-a of this section\\nby the teaching general hospital or consortium for the clinical research\\nposition;\\n (ii) experience the sponsor-mentor and teaching general hospital has\\nin clinical research and the medical field of the study;\\n (iii) methods, data collection and anticipated measurable outcomes of\\nthe clinical research to be performed;\\n (iv) training goals, objectives and experience the researcher will be\\nprovided to assess a future career in clinical research;\\n (v) scientific relevance, merit and health implications of the\\nresearch to be performed;\\n (vi) information on potential scientific meetings and peer review\\njournals where research results can be disseminated;\\n (vii) clear and comprehensive details on the clinical research\\nposition;\\n (viii) qualifications necessary for the clinical research position and\\nstrategy for recruitment;\\n (ix) non-duplication with other clinical research positions from the\\nsame teaching general hospital or consortium;\\n (x) methods to track the career of the clinical researcher once the\\nterm of the position is complete; and\\n (xi) any other information required by the commissioner to implement\\nsubparagraph (i) of paragraph (b) of subdivision five-a of this section.\\n (xii) The clinical review plan submitted in accordance with this\\nparagraph may be reviewed by the commissioner in consultation with\\nexperts outside the department of health.\\n (c) \"Clinical research position\" means a post-graduate residency\\nposition which:\\n (i) shall not be required in order for the researcher to complete a\\ngraduate medical education program;\\n (ii) may be reimbursed by other sources but only for costs in excess\\nof the funding distributed in accordance with subparagraph (i) of\\nparagraph (b) of subdivision five-a of this section;\\n (iii) shall exceed the minimum standards that are required by the\\nresidency review committee in the specialty the researcher has trained\\nor is currently training;\\n (iv) shall not be previously funded by the teaching general hospital\\nor supported by another funding source at the teaching general hospital\\nin the past three years from the date the clinical research plan is\\nsubmitted to the commissioner;\\n (v) may supplement an existing research project;\\n (vi) shall be equivalent to a full-time position comprising of no less\\nthan thirty-five hours per week for one or two years;\\n (vii) shall provide, or be filled by a researcher who has formalized\\ninstruction in clinical research, including biostatistics, clinical\\ntrial design, grant writing and research ethics;\\n (viii) shall be supervised by a sponsor-mentor who shall either (A) be\\nemployed, contracted for employment or paid through an affiliated\\nfaculty practice plan by a teaching general hospital which has received\\nat least one research grant from the National Institutes of Health in\\nthe past five years from the date the clinical research plan is\\nsubmitted to the commissioner; (B) maintain a faculty appointment at a\\nmedical, dental or podiatric school located in New York state that has\\nreceived at least one research grant from the National Institutes of\\nHealth in the past five years from the date the clinical research plan\\nis submitted to the commissioner; or (C) be collaborating in the\\nclinical research plan with a researcher from another institution that\\nhas received at least one research grant from the National Institutes of\\nHealth in the past five years from the date the clinical research plan\\nis submitted to the commissioner; and\\n (ix) shall be filled by a researcher who is (A) enrolled or has\\ncompleted a graduate medical education program, as defined in paragraph\\n(i) of this subdivision; (B) a United States citizen, national, or\\npermanent resident of the United States; and (C) a graduate of a\\nmedical, dental or podiatric school located in New York state, a\\ngraduate or resident in a graduate medical education program, as defined\\nin paragraph (i) of this subdivision, where the sponsoring institution,\\nas defined in paragraph (q) of this subdivision, is located in New York\\nstate, or resides in New York state at the time the clinical research\\nplan is submitted to the commissioner.\\n (d) \"Consortium\" means an organization or association, approved by the\\ncommissioner in consultation with the council, of general hospitals\\nwhich provide graduate medical education, together with any affiliated\\nsite; provided that such organization or association may also include\\nother providers of health care services, medical schools, payors or\\nconsumers, and which meet other criteria pursuant to subdivision six of\\nthis section.\\n (e) \"Council\" means the New York state council on graduate medical\\neducation.\\n (f) \"Direct medical education\" means the direct costs of residents,\\ninterns and supervising physicians.\\n (g) \"Distribution period\" means each calendar year set forth in\\nsubdivision two of this section.\\n (h) \"Faculty\" means persons who are employed by or under contract for\\nemployment with a teaching general hospital or are paid through a\\nteaching general hospital's affiliated faculty practice plan and\\nmaintain a faculty appointment at a medical school. Such persons shall\\nnot be limited to persons with a degree in medicine.\\n (i) \"Graduate medical education program\" means, for purposes of\\nsubparagraph (i) of paragraph (b) of subdivision five-a of this section,\\na post-graduate medical education residency in the United States which\\nhas received accreditation from a nationally recognized accreditation\\nbody or has been approved by a nationally recognized organization for\\nmedical, osteopathic, podiatric or dental residency programs including,\\nbut not limited to, specialty boards.\\n (j) \"Indirect medical education\" means the estimate of costs, other\\nthan direct costs, of educational activities in teaching hospitals as\\ndetermined in accordance with the methodology applicable for purposes of\\ndetermining an estimate of indirect medical education costs for\\nreimbursement for inpatient hospital service pursuant to title XVIII of\\nthe federal social security act (medicare).\\n (k) \"Medicare\" means the methodology used for purposes of reimbursing\\ninpatient hospital services provided to beneficiaries of title XVIII of\\nthe federal social security act.\\n (l) \"Primary care\" residents specialties shall include family\\nmedicine, general pediatrics, primary care internal medicine, and\\nprimary care obstetrics and gynecology. In determining whether a\\nresidency is in primary care, the commissioner shall consult with the\\ncouncil.\\n (m) \"Regions\", for purposes of this section, shall mean the regions as\\ndefined in paragraph (b) of subdivision sixteen of section twenty-eight\\nhundred seven-c of this article as in effect on June thirtieth, nineteen\\nhundred ninety-six. For purposes of distributions pursuant to\\nsubdivision five-a of this section, except distributions made in\\naccordance with paragraph (a) of subdivision five-a of this section,\\n\"regions\" shall be defined as New York city and the rest of the state.\\n (n) \"Regional pool\" means a professional education pool established on\\na regional basis by the commissioner from funds available pursuant to\\nsections twenty-eight hundred seven-s and twenty-eight hundred seven-t\\nof this article.\\n (o) \"Resident\" means a person in a graduate medical education program\\nwhich has received accreditation from a nationally recognized\\naccreditation body or in a program approved by any other nationally\\nrecognized organization for medical, osteopathic or dental residency\\nprograms including, but not limited to, specialty boards.\\n (p) \"Shortage specialty\" means a specialty determined by the\\ncommissioner, in consultation with the council, to be in short supply in\\nthe state of New York.\\n (q) \"Sponsoring institution\" means the entity that has the overall\\nresponsibility for a program of graduate medical education. Such\\ninstitutions shall include teaching general hospitals, medical schools,\\nconsortia and diagnostic and treatment centers.\\n (r) \"Weighted resident count\" means a teaching general hospital's\\ntotal number of residents as of July first, nineteen hundred\\nninety-five, including residents in affiliated non-hospital ambulatory\\nsettings, reported to the commissioner. Such resident counts shall\\nreflect the weights established in accordance with rules and regulations\\nadopted by the state hospital review and planning council and approved\\nby the commissioner for purposes of implementing subdivision twenty-five\\nof section twenty-eight hundred seven-c of this article and in effect on\\nJuly first, nineteen hundred ninety-five. Such weights shall not be\\napplied to specialty hospitals, specified by the commissioner, whose\\nprimary care mission is to engage in research, training and clinical\\ncare in specialty eye and ear, special surgery, orthopedic, joint\\ndisease, cancer, chronic care or rehabilitative services.\\n (s) \"Adjustment amount\" means an amount determined for each teaching\\nhospital for periods prior to January first, two thousand nine by:\\n (i) determining the difference between (A) a calculation of what each\\nteaching general hospital would have been paid if payments made pursuant\\nto paragraph (a-3) of subdivision one of section twenty-eight hundred\\nseven-c of this article between January first, nineteen hundred\\nninety-six and December thirty-first, two thousand three were based\\nsolely on the case mix of persons eligible for medical assistance under\\nthe medical assistance program pursuant to title eleven of article five\\nof the social services law who are enrolled in health maintenance\\norganizations and persons paid for under the family health plus program\\nenrolled in approved organizations pursuant to title eleven-D of article\\nfive of the social services law during those years, and (B) the actual\\npayments to each such hospital pursuant to paragraph (a-3) of\\nsubdivision one of section twenty-eight hundred seven-c of this article\\nbetween January first, nineteen hundred ninety-six and December\\nthirty-first, two thousand three.\\n (ii) reducing proportionally each of the amounts determined in\\nsubparagraph (i) of this paragraph so that the sum of all such amounts\\ntotals no more than one hundred million dollars;\\n (iii) further reducing each of the amounts determined in subparagraph\\n(ii) of this paragraph by the amount received by each hospital as a\\ndistribution from funds designated in paragraph (a) of subdivision five\\nof this section attributable to the period January first, two thousand\\nthree through December thirty-first, two thousand three, except that if\\nsuch amount was provided to a consortium then the amount of the\\nreduction for each hospital in the consortium shall be determined by\\napplying the proportion of each hospital's amount determined under\\nsubparagraph (i) of this paragraph to the total of such amounts of all\\nhospitals in such consortium to the consortium award;\\n (iv) further reducing each of the amounts determined in subparagraph\\n(iii) of this paragraph by the amounts specified in paragraph (t) of\\nthis subdivision; and\\n (v) dividing each of the amounts determined in subparagraph (iii) of\\nthis paragraph by seven.\\n (t) \"Extra reduction amount\" shall mean an amount determined for a\\nteaching hospital for which an adjustment amount is calculated pursuant\\nto paragraph (s) of this subdivision that is the hospital's\\nproportionate share of the sum of the amounts specified in paragraph (u)\\nof this subdivision determined based upon a comparison of the hospital's\\nremaining liability calculated pursuant to paragraph (s) of this\\nsubdivision to the sum of all such hospital's remaining liabilities.\\n (u) \"Allotment amount\" shall mean an amount determined for teaching\\nhospitals as follows:\\n (i) for a hospital for which an adjustment amount pursuant to\\nparagraph (s) of this subdivision does not apply, the amount received by\\nthe hospital pursuant to paragraph (a) of subdivision five of this\\nsection attributable to the period January first, two thousand three\\nthrough December thirty-first, two thousand three, or\\n (ii) for a hospital for which an adjustment amount pursuant to\\nparagraph (s) of this subdivision applies and which received a\\ndistribution pursuant to paragraph (a) of subdivision five of this\\nsection attributable to the period January first, two thousand three\\nthrough December thirty-first, two thousand three that is greater than\\nthe hospital's adjustment amount, the difference between the\\ndistribution amount and the adjustment amount.\\n 2. Regional pools. (a) The commissioner shall establish regional pools\\nfor each of the periods January first, nineteen hundred ninety-seven\\nthrough December thirty-first, nineteen hundred ninety-seven, January\\nfirst, nineteen hundred ninety-eight through December thirty-first,\\nnineteen hundred ninety-eight, and January first, nineteen hundred\\nninety-nine through December thirty-first, nineteen hundred ninety-nine\\nand on and after January first, two thousand from funds available\\npursuant to sections twenty-eight hundred seven-s and twenty-eight\\nhundred seven-t of this article.\\n (b) For periods prior to January first, two thousand nine, each\\nregional pool shall be distributed on a monthly basis to teaching\\ngeneral hospitals for costs associated with graduate medical education\\nprovided by such teaching general hospitals in accordance with the\\ndistribution methodology set forth in subdivision three of this section;\\nprovided however, teaching general hospitals with a resident count of\\nzero as of July first of the year preceding the distribution period\\nshall not be eligible for distributions pursuant to this section.\\nGeneral hospitals may elect to have their distribution paid through the\\nconsortium.\\n 3. Regional pool distributions. (a) Distributions to teaching general\\nhospitals shall be made from the regional pools described in subdivision\\ntwo of this section for each period prior to January first, two thousand\\nnine, less amounts set aside pursuant to subdivision five of this\\nsection. To be eligible to participate in distributions pursuant to this\\nsection, a teaching general hospital and consortium must be in\\ncompliance with graduate medical education reporting requirements set\\nforth in subdivision four of this section.\\n (b) For periods prior to January first, two thousand nine, each\\nteaching general hospital in a region shall have a proxy calculated for\\nits graduate medical education costs as follows:\\n (i) The direct medical education portion of the proxy shall be the\\nproduct of: the teaching general hospital's medicare direct medical\\neducation payment amount per resident for federal fiscal year nineteen\\nhundred ninety-five--ninety-six and the teaching general hospital's\\nweighted resident count as of July first, nineteen hundred ninety-five\\nand the teaching general hospital's inpatient percentage of total costs\\nand percentage of inpatient days, excluding medicare days, patient days\\neligible for payments by governmental agencies, the comprehensive motor\\nvehicle insurance reparations act, workers' compensation law, volunteer\\nfirefighters' benefit law, volunteer ambulance workers' benefit law and\\nself-pay patient days, to total days as such costs and days are reported\\nin the institutional cost report for periods ending March thirty-first,\\nnineteen hundred ninety-five, June thirtieth, nineteen hundred\\nninety-five or December thirty-first, nineteen hundred ninety-five,\\nwhichever is applicable. The teaching general hospital's medicare direct\\nmedical education payment amount for purposes of this calculation shall\\nnot exceed one hundred fifty percent of the regional average per\\nresident amount for the region in which the teaching general hospital is\\nlocated.\\n (ii) The indirect medical education portion of the proxy for a\\nteaching general hospital shall be calculated using the medicare\\nresident per bed formula in existence on June thirtieth, nineteen\\nhundred ninety-six, except the teaching general hospital's weighted\\nresident count as of July first, nineteen hundred ninety-five and number\\nof certified acute care beds as of January first, nineteen hundred\\nninety-five shall be used in the application of the formula. The formula\\nresult shall be applied to the teaching general hospital's applicable\\ncase mix neutral and wage adjusted medicare standardized rate amount for\\nfederal fiscal year nineteen hundred ninety-five--ninety-six. The result\\nof this application shall be multiplied by the teaching general\\nhospital's total number of discharges as reported in the institutional\\ncost report for periods ending March thirty-first, nineteen hundred\\nninety-five, June thirtieth, nineteen hundred ninety-five or December\\nthirty-first, nineteen hundred ninety-five, whichever is applicable,\\nexcluding discharges relating to patients eligible for medicare,\\npayments by governmental agencies, payments pursuant to the\\ncomprehensive motor vehicle insurance reparations act, payments pursuant\\nto the workers' compensation law, the volunteer firefighters' benefit\\nlaw, the volunteer ambulance workers' benefit law, and self-pay\\npatients, and applicable weighting factors developed in accordance with\\nsubdivision three of section twenty-eight hundred seven-c of this\\narticle as in effect in nineteen hundred ninety-five. For teaching\\ngeneral hospitals which are specialty hospitals reimbursed on a per diem\\nbasis, the applicable case mix neutral and wage adjusted medicare\\nstandardized rate amount for purposes of this calculation shall be the\\namount determined for the majority of teaching general hospitals within\\na region.\\n (iii) The teaching general hospital's graduate medical education proxy\\nshall equal the sum of its direct medical education proxy and indirect\\nmedical education proxy.\\n (c) For periods prior to January first, two thousand nine, a\\ndistribution amount for each teaching general hospital shall be\\ncalculated from the applicable regional pool described in subdivision\\ntwo of this section as adjusted pursuant to paragraph (d) of this\\nsubdivision based upon its percentage of the regional total of the\\ngraduate medical education proxies, except that for purposes of this\\nparagraph the statewide amount used to compute such distribution amounts\\nshall be four hundred ninety million dollars on an annual basis for the\\nperiods January first, two thousand through December thirty-first, two\\nthousand two and two hundred forty-five million dollars for the period\\nJanuary first, two thousand three through June thirtieth, two thousand\\nthree, less amounts set aside each period pursuant to subdivision seven\\nof this section.\\n (d) For periods prior to January first, two thousand nine, each\\nteaching general hospital shall receive a distribution from the\\napplicable regional pool based on its distribution amount determined\\nunder paragraph (c) of this subdivision adjusted by a reduction amount\\nthat is determined as follows:\\n (i) the commissioner shall establish a reduction percentage by\\ndividing twenty-seven million dollars each year for the period January\\nfirst, two thousand through December thirty-first, two thousand ten and\\nsix million seven hundred fifty thousand dollars for the period January\\nfirst, two thousand eleven through March thirty-first, two thousand\\neleven, by the sum of initial hospital distribution amounts calculated\\npursuant to paragraph (c) of this subdivision;\\n (ii) the commissioner shall multiply the reduction percentage by the\\namount calculated pursuant to paragraph (c) of this subdivision for each\\nteaching general hospital;\\n (iii) each teaching general hospital shall have its initial\\ndistribution amount as determined pursuant to paragraph (c) of this\\nsubdivision reduced by an amount up to the amount calculated pursuant to\\nsubparagraph (ii) of this paragraph and subject to the requirements of\\nsubparagraph (iv) of this paragraph, provided, however, that if the sum\\nof reduction amounts for all facilities thus calculated is less than\\ntwenty-seven million dollars on a statewide basis each year for the\\nperiod January first, two thousand through December thirty-first, two\\nthousand ten and six million seven hundred fifty thousand dollars for\\nthe period January first, two thousand eleven through March\\nthirty-first, two thousand eleven, the commissioner may increase the\\nreduction percentage subject to the provisions of subparagraph (iv) of\\nthis paragraph so that the sum of the reduction amounts for all\\nfacilities is twenty-seven million dollars each year for the period\\nJanuary first, two thousand through December thirty-first, two thousand\\nten and six million seven hundred fifty thousand dollars for the period\\nJanuary first, two thousand eleven through March thirty-first, two\\nthousand eleven.\\n (iv) for distribution periods prior to January first, two thousand\\neleven, an individual hospital's reduction amount shall not exceed the\\nhospital's projected losses for treating medicaid and uninsured patients\\nafter all other projected medical assistance, including all other\\nprojected disproportionate share payments for the applicable period.\\nSuch cap on the reduction amount shall also not be reconciled to reflect\\nactual medicaid and uninsured losses for the applicable period.\\n (e) Effective April first, two thousand four through December\\nthirty-first, two thousand eight, the distribution amount calculated\\npursuant to paragraphs (c) and (d) of this subdivision for each\\nnon-public teaching general hospital shall be reduced by the amount\\ncalculated and included in rates pursuant to paragraph (d) of\\nsubdivision twenty-five of section twenty-eight hundred seven-c of this\\narticle.\\n (f) Effective January first, two thousand five through December\\nthirty-first, two thousand eight, each teaching general hospital shall\\nreceive a distribution from the applicable regional pool based on its\\ndistribution amount determined under paragraphs (c), (d) and (e) of this\\nsubdivision and reduced by its adjustment amount calculated pursuant to\\nparagraph (s) of subdivision one of this section and, for distributions\\nfor the period January first, two thousand five through December\\nthirty-first, two thousand five, further reduced by its extra reduction\\namount calculated pursuant to paragraph (t) of subdivision one of this\\nsection.\\n 4. Reporting requirements. Each teaching general hospital and\\nconsortium shall furnish to the department such reports and information\\nas may be required by the commissioner to implement this section and to\\nassess the cost, quality and health system needs for graduate medical\\neducation, including, but not limited to:\\n (a) each teaching general hospital and site other than a general\\nhospital at which residents receive training shall describe annually its\\ngraduate medical education program or programs and report the number of\\nresidents in each program; and\\n (b) each consortium shall provide annually a list of the teaching\\ngeneral hospitals and sites other than general hospitals at which\\nresidents receive training participating in the consortium as members\\nand an implementation report relating to achievement of the goals and\\nobjectives of the consortium plan; and\\n (c) each teaching general hospital and sponsoring institution shall\\njointly prepare and submit to the commissioner on an annual basis an\\ninstitutional graduate medical education budget reflecting all sources\\nof graduate medical education revenue and expenditures for a calendar\\nyear. In a form and manner to be specified by the commissioner, such\\nbudget shall be prepared and reviewed by the residency training director\\nand certified by the chief executive officer as to accuracy and\\ncompleteness prior to submission to the commissioner. Such budget shall\\nbe submitted to the commissioner by February first, two thousand nine\\nfor the two thousand nine calendar year and each February first,\\nthereafter.\\n 5. Supplemental distributions. (a) Up to thirty-one million dollars\\nannually for the periods January first, two thousand through December\\nthirty-first, two thousand three, and up to twenty-five million dollars\\nplus the sum of the amounts specified in paragraph (n) of subdivision\\none of this section for the period January first, two thousand five\\nthrough December thirty-first, two thousand five, and up to thirty-one\\nmillion dollars annually for the period January first, two thousand six\\nthrough December thirty-first, two thousand seven, shall be set aside\\nand reserved by the commissioner from the regional pools established\\npursuant to subdivision two of this section for supplemental\\ndistributions in each such region to be made by the commissioner to\\nconsortia and teaching general hospitals in accordance with a\\ndistribution methodology developed in consultation with the council and\\nspecified in rules and regulations adopted by the commissioner.\\n (b) Funds available shall be distributed to consortia and teaching\\ngeneral hospitals that substantially meet the following training goals\\nand objectives:\\n (i) reducing the number of graduate medical education programs and/or\\nthe number of residents in such programs;\\n (ii) increasing the number of residents training in underserved areas;\\n (iii) increasing the number of residents training in ambulatory care\\nfacilities;\\n (iv) improving the quality of training programs;\\n (v) increasing training of minorities; and\\n (vi) such other factors as may be specified in rules and regulations\\nadopted by the commissioner in consultation with the council.\\n The distribution of funds pursuant to this subdivision shall not be\\nconditioned on a consortia or teaching general hospital reducing the\\nnumber of graduate medical education programs and/or the number of\\nresidents in such program.\\n (c) In the event that funds available under this subdivision are not\\ndistributed to consortia or teaching general hospitals in accordance\\nwith this subdivision, such funds shall be distributed to teaching\\ngeneral hospitals in accordance with the methodology described in\\nsubdivision three of this section.\\n (d) Notwithstanding any other provision of law or regulation, for the\\nperiod January first, two thousand five through December thirty-first,\\ntwo thousand five, the commissioner shall distribute as supplemental\\npayments the allotment specified in paragraph (n) of subdivision one of\\nthis section.\\n 5-a. Graduate medical education innovations pool. (a) Supplemental\\ndistributions. (i) Thirty-one million dollars for the period January\\nfirst, two thousand eight through December thirty-first, two thousand\\neight, shall be set aside and reserved by the commissioner from the\\nregional pools established pursuant to subdivision two of this section\\nand shall be available for distributions pursuant to subdivision five of\\nthis section and in accordance with section 86-1.89 of title 10 of the\\ncodes, rules and regulations of the state of New York as in effect on\\nJanuary first, two thousand eight; provided, however, for purposes of\\nfunding the empire clinical research investigation program (ECRIP) in\\naccordance with paragraph eight of subdivision (e) and paragraph two of\\nsubdivision (f) of section 86-1.89 of title 10 of the codes, rules and\\nregulations of the state of New York, distributions shall be made using\\ntwo regions defined as New York city and the rest of the state and the\\ndollar amount set forth in subparagraph (i) of paragraph two of\\nsubdivision (f) of section 86-1.89 of title 10 of the codes, rules and\\nregulations of the state of New York shall be increased from sixty\\nthousand dollars to seventy-five thousand dollars.\\n (ii) For periods on and after January first, two thousand nine,\\nsupplemental distributions pursuant to subdivision five of this section\\nand in accordance with section 86-1.89 of title 10 of the codes, rules\\nand regulations of the state of New York shall no longer be made and the\\nprovisions of section 86-1.89 of title 10 of the codes, rules and\\nregulations of the state of New York shall be null and void.\\n (b) Empire clinical research investigator program (ECRIP). Nine\\nmillion one hundred twenty thousand dollars annually for the period\\nJanuary first, two thousand nine through December thirty-first, two\\nthousand ten, and two million two hundred eighty thousand dollars for\\nthe period January first, two thousand eleven, through March\\nthirty-first, two thousand eleven, nine million one hundred twenty\\nthousand dollars each state fiscal year for the period April first, two\\nthousand eleven through March thirty-first, two thousand fourteen, up to\\neight million six hundred twelve thousand dollars each state fiscal year\\nfor the period April first, two thousand fourteen through March\\nthirty-first, two thousand seventeen, and up to eight million six\\nhundred twelve thousand dollars each state fiscal year for the period\\nApril first, two thousand seventeen through March thirty-first, two\\nthousand twenty, shall be set aside and reserved by the commissioner\\nfrom the regional pools established pursuant to subdivision two of this\\nsection to be allocated regionally with two-thirds of the available\\nfunding going to New York city and one-third of the available funding\\ngoing to the rest of the state and shall be available for distribution\\nas follows:\\n Distributions shall first be made to consortia and teaching general\\nhospitals for the empire clinical research investigator program (ECRIP)\\nto help secure federal funding for biomedical research, train clinical\\nresearchers, recruit national leaders as faculty to act as mentors, and\\ntrain residents and fellows in biomedical research skills based on\\nhospital-specific data submitted to the commissioner by consortia and\\nteaching general hospitals in accordance with clause (G) of this\\nsubparagraph. Such distributions shall be made in accordance with the\\nfollowing methodology:\\n (A) The greatest number of clinical research positions for which a\\nconsortium or teaching general hospital may be funded pursuant to this\\nsubparagraph shall be one percent of the total number of residents\\ntraining at the consortium or teaching general hospital on July first,\\ntwo thousand eight for the period January first, two thousand nine\\nthrough December thirty-first, two thousand nine rounded up to the\\nnearest one position.\\n (B) Distributions made to a consortium or teaching general hospital\\nshall equal the product of the total number of clinical research\\npositions submitted by a consortium or teaching general hospital and\\naccepted by the commissioner as meeting the criteria set forth in\\nparagraph (b) of subdivision one of this section, subject to the\\nreduction calculation set forth in clause (C) of this subparagraph,\\ntimes one hundred ten thousand dollars.\\n (C) If the dollar amount for the total number of clinical research\\npositions in the region calculated pursuant to clause (B) of this\\nsubparagraph exceeds the total amount appropriated for purposes of this\\nparagraph, including clinical research positions that continue from and\\nwere funded in prior distribution periods, the commissioner shall\\neliminate one-half of the clinical research positions submitted by each\\nconsortium or teaching general hospital rounded down to the nearest one\\nposition. Such reduction shall be repeated until the dollar amount for\\nthe total number of clinical research positions in the region does not\\nexceed the total amount appropriated for purposes of this paragraph. If\\nthe repeated reduction of the total number of clinical research\\npositions in the region by one-half does not render a total funding\\namount that is equal to or less than the total amount reserved for that\\nregion within the appropriation, the funding for each clinical research\\nposition in that region shall be reduced proportionally in one thousand\\ndollar increments until the total dollar amount for the total number of\\nclinical research positions in that region does not exceed the total\\namount reserved for that region within the appropriation. Any reduction\\nin funding will be effective for the duration of the award. No clinical\\nresearch positions that continue from and were funded in prior\\ndistribution periods shall be eliminated or reduced by such methodology.\\n (D) Each consortium or teaching general hospital shall receive its\\nannual distribution amount in accordance with the following:\\n (I) Each consortium or teaching general hospital with a one-year ECRIP\\naward shall receive its annual distribution amount in full upon\\ncompletion of the requirements set forth in items (I) and (II) of clause\\n(G) of this subparagraph. The requirements set forth in items (IV) and\\n(V) of clause (G) of this subparagraph must be completed by the\\nconsortium or teaching general hospital in order for the consortium or\\nteaching general hospital to be eligible to apply for ECRIP funding in\\nany subsequent funding cycle.\\n (II) Each consortium or teaching general hospital with a two-year\\nECRIP award shall receive its first annual distribution amount in full\\nupon completion of the requirements set forth in items (I) and (II) of\\nclause (G) of this subparagraph. Each consortium or teaching general\\nhospital will receive its second annual distribution amount in full upon\\ncompletion of the requirements set forth in item (III) of clause (G) of\\nthis subparagraph. The requirements set forth in items (IV) and (V) of\\nclause (G) of this subparagraph must be completed by the consortium or\\nteaching general hospital in order for the consortium or teaching\\ngeneral hospital to be eligible to apply for ECRIP funding in any\\nsubsequent funding cycle.\\n (E) Each consortium or teaching general hospital receiving\\ndistributions pursuant to this subparagraph shall reserve seventy-five\\nthousand dollars to primarily fund salary and fringe benefits of the\\nclinical research position with the remainder going to fund the\\ndevelopment of faculty who are involved in biomedical research, training\\nand clinical care.\\n (F) Undistributed or returned funds available to fund clinical\\nresearch positions pursuant to this paragraph for a distribution period\\nshall be available to fund clinical research positions in a subsequent\\ndistribution period.\\n (G) In order to be eligible for distributions pursuant to this\\nsubparagraph, each consortium and teaching general hospital shall\\nprovide to the commissioner by July first of each distribution period,\\nthe following data and information on a hospital-specific basis. Such\\ndata and information shall be certified as to accuracy and completeness\\nby the chief executive officer, chief financial officer or chair of the\\nconsortium governing body of each consortium or teaching general\\nhospital and shall be maintained by each consortium and teaching general\\nhospital for five years from the date of submission:\\n (I) For each clinical research position, information on the type,\\nscope, training objectives, institutional support, clinical research\\nexperience of the sponsor-mentor, plans for submitting research outcomes\\nto peer reviewed journals and at scientific meetings, including a\\nmeeting sponsored by the department, the name of a principal contact\\nperson responsible for tracking the career development of researchers\\nplaced in clinical research positions, as defined in paragraph (c) of\\nsubdivision one of this section, and who is authorized to certify to the\\ncommissioner that all the requirements of the clinical research training\\nobjectives set forth in this subparagraph shall be met. Such\\ncertification shall be provided by July first of each distribution\\nperiod;\\n (II) For each clinical research position, information on the name,\\ncitizenship status, medical education and training, and medical license\\nnumber of the researcher, if applicable, shall be provided by December\\nthirty-first of the calendar year following the distribution period;\\n (III) Information on the status of the clinical research plan,\\naccomplishments, changes in research activities, progress, and\\nperformance of the researcher shall be provided upon completion of\\none-half of the award term;\\n (IV) A final report detailing training experiences, accomplishments,\\nactivities and performance of the clinical researcher, and data,\\nmethods, results and analyses of the clinical research plan shall be\\nprovided three months after the clinical research position ends; and\\n (V) Tracking information concerning past researchers, including but\\nnot limited to (A) background information, (B) employment history, (C)\\nresearch status, (D) current research activities, (E) publications and\\npresentations, (F) research support, and (G) any other information\\nnecessary to track the researcher; and\\n (VI) Any other data or information required by the commissioner to\\nimplement this subparagraph.\\n (H) Notwithstanding any inconsistent provision of this subdivision,\\nfor periods on and after April first, two thousand thirteen, ECRIP grant\\nawards shall be made in accordance with rules and regulations\\npromulgated by the commissioner. Such regulations shall, at a minimum:\\n (1) provide that ECRIP grant awards shall be made with the objective\\nof securing federal funding for biomedical research, training clinical\\nresearchers, recruiting national leaders as faculty to act as mentors,\\nand training residents and fellows in biomedical research skills;\\n (2) provide that ECRIP grant applicants may include interdisciplinary\\nresearch teams comprised of teaching general hospitals acting in\\ncollaboration with entities including but not limited to medical\\ncenters, hospitals, universities and local health departments;\\n (3) provide that applications for ECRIP grant awards shall be based on\\nsuch information requested by the commissioner, which shall include but\\nnot be limited to hospital-specific data;\\n (4) establish the qualifications for investigators and other staff\\nrequired for grant projects eligible for ECRIP grant awards; and\\n (5) establish a methodology for the distribution of funds under ECRIP\\ngrant awards.\\n (c) Ambulatory care training. Four million nine hundred thousand\\ndollars for the period January first, two thousand eight through\\nDecember thirty-first, two thousand eight, four million nine hundred\\nthousand dollars for the period January first, two thousand nine through\\nDecember thirty-first, two thousand nine, four million nine hundred\\nthousand dollars for the period January first, two thousand ten through\\nDecember thirty-first, two thousand ten, one million two hundred\\ntwenty-five thousand dollars for the period January first, two thousand\\neleven through March thirty-first, two thousand eleven, four million\\nthree hundred thousand dollars each state fiscal year for the period\\nApril first, two thousand eleven through March thirty-first, two\\nthousand fourteen, up to four million sixty thousand dollars each state\\nfiscal year for the period April first, two thousand fourteen through\\nMarch thirty-first, two thousand seventeen, and up to four million sixty\\nthousand dollars each fiscal year for the period April first, two\\nthousand seventeen through March thirty-first, two thousand twenty,\\nshall be set aside and reserved by the commissioner from the regional\\npools established pursuant to subdivision two of this section and shall\\nbe available for distributions to sponsoring institutions to be directed\\nto support clinical training of medical students and residents in\\nfree-standing ambulatory care settings, including community health\\ncenters and private practices. Such funding shall be allocated\\nregionally with two-thirds of the available funding going to New York\\ncity and one-third of the available funding going to the rest of the\\nstate and shall be distributed to sponsoring institutions in each region\\npursuant to a request for application or request for proposal process\\nwith preference being given to sponsoring institutions which provide\\ntraining in sites located in underserved rural or inner-city areas and\\nthose that include medical students in such training.\\n (d) Physician loan repayment program. One million nine hundred sixty\\nthousand dollars for the period January first, two thousand eight\\nthrough December thirty-first, two thousand eight, one million nine\\nhundred sixty thousand dollars for the period January first, two\\nthousand nine through December thirty-first, two thousand nine, one\\nmillion nine hundred sixty thousand dollars for the period January\\nfirst, two thousand ten through December thirty-first, two thousand ten,\\nfour hundred ninety thousand dollars for the period January first, two\\nthousand eleven through March thirty-first, two thousand eleven, one\\nmillion seven hundred thousand dollars each state fiscal year for the\\nperiod April first, two thousand eleven through March thirty-first, two\\nthousand fourteen, up to one million seven hundred five thousand dollars\\neach state fiscal year for the period April first, two thousand fourteen\\nthrough March thirty-first, two thousand seventeen, and up to one\\nmillion seven hundred five thousand dollars each state fiscal year for\\nthe period April first, two thousand seventeen through March\\nthirty-first, two thousand twenty, shall be set aside and reserved by\\nthe commissioner from the regional pools established pursuant to\\nsubdivision two of this section and shall be available for purposes of\\nphysician loan repayment in accordance with subdivision ten of this\\nsection. Notwithstanding any contrary provision of this section,\\nsections one hundred twelve and one hundred sixty-three of the state\\nfinance law, or any other contrary provision of law, such funding shall\\nbe allocated regionally with one-third of available funds going to New\\nYork city and two-thirds of available funds going to the rest of the\\nstate and shall be distributed in a manner to be determined by the\\ncommissioner without a competitive bid or request for proposal process\\nas follows:\\n (i) Funding shall first be awarded to repay loans of up to twenty-five\\nphysicians who train in primary care or specialty tracks in teaching\\ngeneral hospitals, and who enter and remain in primary care or specialty\\npractices in underserved communities, as determined by the commissioner.\\n (ii) After distributions in accordance with subparagraph (i) of this\\nparagraph, all remaining funds shall be awarded to repay loans of\\nphysicians who enter and remain in primary care or specialty practices\\nin underserved communities, as determined by the commissioner, including\\nbut not limited to physicians working in general hospitals, or other\\nhealth care facilities.\\n (iii) In no case shall less than fifty percent of the funds available\\npursuant to this paragraph be distributed in accordance with\\nsubparagraphs (i) and (ii) of this paragraph to physicians identified by\\ngeneral hospitals.\\n (iv) In addition to the funds allocated under this paragraph, for the\\nperiod April first, two thousand fifteen through March thirty-first, two\\nthousand sixteen, two million dollars shall be available for the\\npurposes described in subdivision ten of this section;\\n (v) In addition to the funds allocated under this paragraph, for the\\nperiod April first, two thousand sixteen through March thirty-first, two\\nthousand seventeen, two million dollars shall be available for the\\npurposes described in subdivision ten of this section;\\n (vi) Notwithstanding any provision of law to the contrary, and subject\\nto the extension of the Health Care Reform Act of 1996, sufficient funds\\nshall be available for the purposes described in subdivision ten of this\\nsection in amounts necessary to fund the remaining year commitments for\\nawards made pursuant to subparagraphs (iv) and (v) of this paragraph.\\n (e) Physician practice support. Four million nine hundred thousand\\ndollars for the period January first, two thousand eight through\\nDecember thirty-first, two thousand eight, four million nine hundred\\nthousand dollars annually for the period January first, two thousand\\nnine through December thirty-first, two thousand ten, one million two\\nhundred twenty-five thousand dollars for the period January first, two\\nthousand eleven through March thirty-first, two thousand eleven, four\\nmillion three hundred thousand dollars each state fiscal year for the\\nperiod April first, two thousand eleven through March thirty-first, two\\nthousand fourteen, up to four million three hundred sixty thousand\\ndollars each state fiscal year for the period April first, two thousand\\nfourteen through March thirty-first, two thousand seventeen, and up to\\nfour million three hundred sixty thousand dollars for each state fiscal\\nyear for the period April first, two thousand seventeen through March\\nthirty-first, two thousand twenty, shall be set aside and reserved by\\nthe commissioner from the regional pools established pursuant to\\nsubdivision two of this section and shall be available for purposes of\\nphysician practice support. Notwithstanding any contrary provision of\\nthis section, sections one hundred twelve and one hundred sixty-three of\\nthe state finance law, or any other contrary provision of law, such\\nfunding shall be allocated regionally with one-third of available funds\\ngoing to New York city and two-thirds of available funds going to the\\nrest of the state and shall be distributed in a manner to be determined\\nby the commissioner without a competitive bid or request for proposal\\nprocess as follows:\\n (i) Preference in funding shall first be accorded to teaching general\\nhospitals for up to twenty-five awards, to support costs incurred by\\nphysicians trained in primary or specialty tracks who thereafter\\nestablish or join practices in underserved communities, as determined by\\nthe commissioner.\\n (ii) After distributions in accordance with subparagraph (i) of this\\nparagraph, all remaining funds shall be awarded to physicians to support\\nthe cost of establishing or joining practices in underserved\\ncommunities, as determined by the commissioner, and to hospitals and\\nother health care providers to recruit new physicians to provide\\nservices in underserved communities, as determined by the commissioner.\\n (iii) In no case shall less than fifty percent of the funds available\\npursuant to this paragraph be distributed to general hospitals in\\naccordance with subparagraphs (i) and (ii) of this paragraph.\\n (e-1) Work group. For funding available pursuant to paragraphs (d) and\\n(e) of this subdivision:\\n (i) The department shall appoint a work group from recommendations\\nmade by associations representing physicians, general hospitals and\\nother health care facilities to develop a streamlined application\\nprocess by June first, two thousand twelve.\\n (ii) Subject to available funding, applications shall be accepted on a\\ncontinuous basis. The department shall provide technical assistance to\\napplicants to facilitate their completion of applications. An applicant\\nshall be notified in writing by the department within ten days of\\nreceipt of an application as to whether the application is complete and\\nif the application is incomplete, what information is outstanding. The\\ndepartment shall act on an application within thirty days of receipt of\\na complete application.\\n (f) Study on physician workforce. Five hundred ninety thousand dollars\\nannually for the period January first, two thousand eight through\\nDecember thirty-first, two thousand ten, one hundred forty-eight\\nthousand dollars for the period January first, two thousand eleven\\nthrough March thirty-first, two thousand eleven, five hundred sixteen\\nthousand dollars each state fiscal year for the period April first, two\\nthousand eleven through March thirty-first, two thousand fourteen, up to\\nfour hundred eighty-seven thousand dollars each state fiscal year for\\nthe period April first, two thousand fourteen through March\\nthirty-first, two thousand seventeen, and up to four hundred\\neighty-seven thousand dollars for each state fiscal year for the period\\nApril first, two thousand seventeen through March thirty-first, two\\nthousand twenty, shall be set aside and reserved by the commissioner\\nfrom the regional pools established pursuant to subdivision two of this\\nsection and shall be available to fund a study of physician workforce\\nneeds and solutions including, but not limited to, an analysis of\\nresidency programs and projected physician workforce and community\\nneeds. The commissioner shall enter into agreements with one or more\\norganizations to conduct such study based on a request for proposal\\nprocess.\\n (g) Diversity in medicine/post-baccalaureate program. Notwithstanding\\nany inconsistent provision of section one hundred twelve or one hundred\\nsixty-three of the state finance law or any other law, one million nine\\nhundred sixty thousand dollars annually for the period January first,\\ntwo thousand eight through December thirty-first, two thousand ten, four\\nhundred ninety thousand dollars for the period January first, two\\nthousand eleven through March thirty-first, two thousand eleven, one\\nmillion seven hundred thousand dollars each state fiscal year for the\\nperiod April first, two thousand eleven through March thirty-first, two\\nthousand fourteen, up to one million six hundred five thousand dollars\\neach state fiscal year for the period April first, two thousand fourteen\\nthrough March thirty-first, two thousand seventeen, and up to one\\nmillion six hundred five thousand dollars each state fiscal year for the\\nperiod April first, two thousand seventeen through March thirty-first,\\ntwo thousand twenty, shall be set aside and reserved by the commissioner\\nfrom the regional pools established pursuant to subdivision two of this\\nsection and shall be available for distributions to the Associated\\nMedical Schools of New York to fund its diversity program including\\nexisting and new post-baccalaureate programs for minority and\\neconomically disadvantaged students and encourage participation from all\\nmedical schools in New York. The associated medical schools of New York\\nshall report to the commissioner on an annual basis regarding the use of\\nfunds for such purpose in such form and manner as specified by the\\ncommissioner.\\n (h) In the event there are undistributed funds within amounts made\\navailable for distributions pursuant to this subdivision, such funds may\\nbe reallocated and distributed in current or subsequent distribution\\nperiods in a manner determined by the commissioner for any purpose set\\nforth in this subdivision.\\n 5-b. Other graduate medical education reforms. Any funds specifically\\nappropriated for the purposes of this subdivision shall be used to fund\\ninnovative graduate medical education reforms to be determined by the\\ncommissioner in consultation with the council, including, but not\\nlimited to, (a) development of primary care residency and specialty\\nposition training tracks for graduates to serve rural or inner-city\\ncommunities, (b) development of regional pilot network programs to\\naffiliate major academic centers with community teaching general\\nhospitals, (c) support for faculty development programs, including\\ndesignating faculty to mentor students and residents in primary care,\\n(d) support training in fields which serve the geriatric population; (e)\\nincrease training in cultural competence, (f) promote training of\\nphysicians who will serve persons with developmental disabilities, and\\n(g) any other reforms necessary to improve patient care management,\\ninterdisciplinary training, or quality in graduate medical education\\nprograms. Such funding shall be distributed to consortia and teaching\\ngeneral hospitals in each region on a competitive basis pursuant to a\\nrequest for proposal process.\\n 6. Consortia. (a) A consortium must:\\n (i) have a governing body and such committees as appropriate which\\nshould be responsible for the policy coordination and administration of\\nresidency programs and which provides all members of the consortium an\\nopportunity to participate in the establishment of consortium policy\\ngoals and objectives;\\n (ii) have procedures and criteria for processing applications by\\nhealth care providers in the region for participation in the consortium;\\n (iii) establish policies to evaluate and to maintain and improve the\\nquality of training programs;\\n (iv) have a mechanism for resolving educational and financial\\nallocation disputes among participating members; and\\n (v) comply with such further requirements as the commissioner may\\nreasonably require for purposes of implementing this section to achieve\\nstate policy goals and objectives regarding graduate medical education.\\n (b) Nothing in this section shall preclude a consortium from having\\nmembers from different regions and from allocating regional pool\\ndistributions among regions.\\n (c) To the extent consortia might be anti-competitive within the\\nmeaning and intent of the federal and state antitrust laws, it is the\\nintent of the legislature to supplant competition with such arrangements\\nto the extent necessary to accomplish the purposes of this section, and\\nprovide state action immunity under the federal antitrust laws with\\nrespect to the planning, implementation and operation of consortia and\\nparticipation therein by hospitals, other providers of health care\\nservices, medical schools, payors and consumers.\\n (d) Each approved consortium shall submit a plan for each period\\ndefined in subdivision two of this section for approval by the\\ncommissioner, in consultation with the council, for allocation of funds\\ncollected pursuant to paragraph (c) of subdivision three of this section\\nto participating general hospitals which provide graduate medical\\neducation and sites other than general hospitals at which residents\\nreceive training.\\n 7. Notwithstanding any inconsistent provision of section one hundred\\ntwelve or one hundred sixty-three of the state finance law or any other\\nlaw, up to one million dollars for the period January first, two\\nthousand through December thirty-first, two thousand, one million six\\nhundred thousand dollars annually for the periods January first, two\\nthousand one through December thirty-first, two thousand eight, one\\nmillion five hundred thousand dollars annually for the periods January\\nfirst, two thousand nine through December thirty-first, two thousand\\nten, three hundred seventy-five thousand dollars for the period January\\nfirst, two thousand eleven through March thirty-first, two thousand\\neleven, one million three hundred twenty thousand dollars each state\\nfiscal year for the period April first, two thousand eleven through\\nMarch thirty-first, two thousand fourteen, up to two million\\nseventy-seven thousand dollars each state fiscal year for the period\\nApril first, two thousand fourteen through March thirty-first, two\\nthousand seventeen, and up to two million seventy-seven thousand dollars\\nfor each state fiscal year for the period April first, two thousand\\nseventeen through March thirty-first, two thousand twenty, shall be set\\naside and reserved by the commissioner from the regional pools\\nestablished pursuant to subdivision two of this section and shall be\\navailable for distributions to the New York state area health education\\ncenter program for the purpose of expanding community-based training of\\nmedical students. In addition, one million dollars annually for the\\nperiod January first, two thousand eight through December thirty-first,\\ntwo thousand ten, two hundred fifty thousand dollars for the period\\nJanuary first, two thousand eleven through March thirty-first, two\\nthousand eleven, and eight hundred eighty thousand dollars each state\\nfiscal year for the period April first, two thousand eleven through\\nMarch thirty-first, two thousand fourteen, shall be set aside and\\nreserved by the commissioner from the regional pools established\\npursuant to subdivision two of this section and shall be available for\\ndistributions to the New York state area health education center program\\nfor the purpose of post-secondary training of health care professionals\\nwho will achieve specific program outcomes within the New York state\\narea health education center program. The New York state area health\\neducation center program shall report to the commissioner on an annual\\nbasis regarding the use of funds for each purpose in such form and\\nmanner as specified by the commissioner.\\n 8. Revenue from distributions pursuant to this section shall be\\nincluded in gross revenue received for purposes of the assessments\\npursuant to subdivision eighteen of section twenty-eight hundred seven-c\\nof this article and for purposes of the assessments pursuant to section\\ntwenty-eight hundred seven-d of this article.\\n 10. Physician loan repayment program. (a) Beginning January first,\\ntwo thousand eight, the commissioner is authorized, within amounts\\navailable pursuant to subdivision five-a of this section, to make loan\\nrepayment awards to primary care physicians or other physician\\nspecialties determined by the commissioner to be in short supply,\\nlicensed to practice medicine in New York state, who agree to practice\\nfor at least five years in an underserved area, as determined by the\\ncommissioner. Such physician shall be eligible for a loan repayment\\naward of up to one hundred fifty thousand dollars over a five year\\nperiod distributed as follows: fifteen percent of total loan debt not to\\nexceed twenty thousand dollars for the first year; fifteen percent of\\ntotal loan debt not to exceed twenty-five thousand dollars for the\\nsecond year; twenty percent of total loan debt not to exceed thirty-five\\nthousand dollars for the third year; and twenty-five percent of total\\nloan debt not to exceed thirty-five thousand dollars per year for the\\nfourth year; and any unpaid balance of the total loan debt not to exceed\\nthe maximum award amount for the fifth year of practice in such area.\\n (b) Loan repayment awards made to a physician pursuant to paragraph\\n(a) of this subdivision shall not exceed the total qualifying\\noutstanding debt of the physician from student loans to cover tuition\\nand other related educational expenses, made by or guaranteed by the\\nfederal or state government, or made by a lending or educational\\ninstitution approved under title IV of the federal higher education act.\\nLoan repayment awards shall be used solely to repay such outstanding\\ndebt.\\n (c) In the event that a five-year commitment pursuant to the agreement\\nreferenced in paragraph (a) of this subdivision is not fulfilled, the\\nrecipient shall be responsible for repayment in amounts which shall be\\ncalculated in accordance with the formula set forth in subdivision (b)\\nof section two hundred fifty-four-o of title forty-two of the United\\nStates Code, as amended.\\n (d) The commissioner is authorized to apply any funds available for\\npurposes of paragraph (a) of this subdivision for use as matching funds\\nfor federal grants for the purpose of assisting states in operating loan\\nrepayment programs pursuant to section three hundred thirty-eight I of\\nthe public health service act.\\n (e) The commissioner may postpone, change or waive the service\\nobligation and repayment amounts set forth in paragraphs (a) and (c),\\nrespectively of this subdivision in individual circumstances where there\\nis compelling need or hardship.\\n (f)(i) When a physician is not actually practicing in an underserved\\narea, he or she shall be deemed to be practicing in an underserved area\\nif he or she practices in a facility or physician's office that\\nprimarily serves an underserved population as determined by the\\ncommissioner, without regard to whether the population or the facility\\nor physician's office is located in an underserved area.\\n (ii) In making criteria and determinations as to whether an area is an\\nunderserved area or whether a facility or physician's office primarily\\nserves an underserved population, the commissioner may make separate\\ncriteria and determinations for different specialties.\\n 11. The commissioner shall conduct a study of (i) the need for\\nexpansion of the physician loan repayment program under subdivision ten\\nof this section to include dentists, midwives, nurse practitioners, and\\nphysician assistants; (ii) the level of funding appropriate for that\\nexpansion; and (iii) appropriate sources of funding for the future of\\nthe program and the expansion. The study may include examination of\\npossible expansion of other programs to recruit people to enter health\\ncare professions and serve in underserved areas. The commissioner shall\\nconduct the study in consultation with representatives of the affected\\nprofessions, educational institutions and training programs that educate\\nand train people for those professions, appropriate health care\\nproviders, affected communities and other interested parties. The\\ncommissioner shall report to the governor and the legislature on the\\nfindings of the study and recommendations by December first, two\\nthousand eight.\\n 12. Notwithstanding any provision of law to the contrary, applications\\nsubmitted on or after April first, two thousand sixteen, for the\\nphysician loan repayment program pursuant to paragraph (d) of\\nsubdivision five-a of this section and subdivision ten of this section\\nor the physician practice support program pursuant to paragraph (e) of\\nsubdivision five-a of this section, shall be subject to the following\\nchanges:\\n (a) Awards shall be made from the total funding available for new\\nawards under the physician loan repayment program and the physician\\npractice support program, with neither program limited to a specific\\nfunding amount within such total funding available;\\n (b) An applicant may apply for an award for either physician loan\\nrepayment or physician practice support, but not both;\\n (c) An applicant shall agree to practice for three years in an\\nunderserved area and each award shall provide up to forty thousand\\ndollars for each of the three years; and\\n (d) To the extent practicable, awards shall be timed to be of use for\\njob offers made to applicants.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2807-N", "title" : "Palliative care education and training", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2807-N", "activeDate" : "2014-09-22", "sequenceNo" : 1064, "repealedDate" : null, "fromSection" : "2807-N", "toSection" : "2807-N", "text" : " § 2807-n. Palliative care education and training. 1. Definitions. The\\nfollowing words or phrases as used in this section shall have the\\nfollowing meanings:\\n (a) \"Palliative care\" shall mean (i) the active, interdisciplinary\\ncare of patients with advanced, life limiting illness, focusing on\\nrelief of distressing physical and psychosocial symptoms and meeting\\nspiritual needs. Its goal is achievement of the best quality of life for\\npatients and families as defined by paragraph (b) of subdivision two of\\nsection four thousand twelve-b of this chapter; and (ii) it shall also\\ninclude similar care for patients with chronic or acute pain.\\n (b) \"Palliative care certified medical school\" shall mean a medical\\nschool in the state which is an institution granting a degree of doctor\\nof medicine or doctor of osteopathic medicine in accordance with\\nregulations by the commissioner of education under subdivision two of\\nsection sixty-five hundred twenty-four of the education law, and which\\nmeets standards defined by the commissioner of health, after\\nconsultation with the council, pursuant to regulations, and used to\\ndetermine whether a medical school is eligible for funding under this\\nsection.\\n (c) \"Palliative care certified residency program\" shall mean a\\ngraduate medical education program in the state which has received\\naccreditation from a nationally recognized accreditation body for\\nmedical or osteopathic residency programs, and which meets standards\\ndefined by the commissioner, after consultation with the council,\\npursuant to regulations, and used to determine whether a residency\\ntraining program is eligible for funding under this section.\\n (d) \"New York state palliative care education and training council\" or\\n\"council\" shall mean the New York state palliative care education and\\ntraining council established pursuant to subdivision six of this\\nsection.\\n 2. Grants for undergraduate medical education in palliative care. (a)\\nThe commissioner is authorized, within amounts appropriated for such\\npurpose to make grants to palliative care certified medical schools to\\nenhance the study of palliative care, increase the opportunities for\\nundergraduate medical education in palliative care and encourage the\\neducation of physicians in palliative care.\\n (b) Grant proceeds under this subdivision may be used for faculty\\ndevelopment in palliative care; recruitment of faculty with expertise in\\npalliative care; costs incurred teaching medical students at\\nhospital-based sites, non-hospital-based ambulatory care settings,\\npalliative care sites, hospices, certified home health agencies,\\nlicensed long term home health care programs and AIDS home care programs\\nincluding, but not limited to, personnel, administration and\\nstudent-related expenses; expansion or development of programs that\\ntrain physicians in palliative care; and other innovative programs\\ndesigned to increase the competency of medical students to provide\\nhospice or palliative care.\\n (c) Grants under this subdivision shall be awarded by the commissioner\\nthrough a competitive application process to the council. The council\\nshall make recommendations for funding to the commissioner. In making\\nawards, consideration shall be given to applicants who:\\n (i) plan to incorporate palliative care longitudinally throughout the\\nmedical school curriculum according to professionally recognized\\nstandards including, but not limited to, a plan that covers the seven\\ndomains identified in the Palliative Education Assessment Tool (PEAT) as\\ndeveloped by the New York Academy of Medicine and the Associated Medical\\nSchools of New York State and Weill Cornell Medical College;\\n (ii) function in collaboration with hospital-based palliative care\\nprograms and non-hospital-based sites; and\\n (iii) make complementary efforts to recruit or train qualified faculty\\nin palliative care education.\\n (d) The intent of this subdivision is to augment or increase\\npalliative care undergraduate medical education. Grant funding shall not\\nbe used to offset existing expenditures that the medical school has\\nobligated or intends to obligate for palliative care education programs.\\n 3. Grants for graduate medical education in palliative care. (a) The\\ncommissioner is authorized, within amounts appropriated for such purpose\\nto make grants in support of palliative care certified residency\\neducation programs to establish or expand education in palliative care\\nfor graduate medical education, and to increase the opportunities for\\ntrainee education in palliative care in hospital-based palliative care\\nprograms or non-hospital-based care sites.\\n (b) Grants under this subdivision for graduate medical education and\\neducation in palliative care may be used for administration, faculty\\nrecruitment and development, start-up costs and costs incurred teaching\\npalliative care in hospital-based palliative care programs or\\nnon-hospital-based care sites, including, but not limited to, personnel,\\nadministration and trainee related expenses and other expenses judged\\nreasonable and necessary by the commissioner.\\n (c) Grants under this subdivision shall be awarded by the commissioner\\nthrough a competitive application process to the council. The council\\nshall make recommendations for funding to the commissioner. In making\\nawards, the commissioner shall consider the extent to which the\\napplicant:\\n (i) plans to incorporate palliative care longitudinally throughout the\\nresidency training program according to professionally recognized\\nstandards including, but not limited to, a plan that covers the seven\\ndomains identified in the Palliative Education Assessment Tool (PEAT) as\\ndeveloped by the New York Academy of Medicine and the Associated Medical\\nSchools of New York State and Weill Cornell Medical College;\\n (ii) functions in collaboration with hospital-based palliative care\\nprograms or non-hospital-based sites, or both; and\\n (iii) makes complementary efforts to recruit or train qualified\\nfaculty in palliative care education.\\n (d) The intent of this subdivision is to augment or increase training\\nin palliative care during residency. Grant funding shall not be used to\\noffset existing expenditures the institution or program has obligated or\\nintends to obligate for such training programs.\\n 4. Centers for palliative care excellence. The commissioner shall\\ndesignate organizations licensed pursuant to this article and article\\nforty of this chapter, upon successful application, as centers for\\npalliative care excellence. Such designations shall be pursuant to an\\napplication as designed by the department, and based on service,\\nstaffing and other criteria as developed by the council. Such centers of\\nexcellence shall provide specialized palliative care, treatment,\\neducation and related services. Designation as a center for palliative\\ncare excellence shall not entitle a center to enhanced reimbursement,\\nbut may be utilized in outreach and other promotional activities.\\n 5. Palliative care practitioner resource centers. The commissioner, in\\nconsultation with the council, may designate palliative care\\npractitioner resource centers (a \"resource center\"). A resource center\\nmay be statewide or regional, and shall act as a source of technical\\ninformation and guidance for practitioners on the latest palliative care\\nstrategies, therapies and medications. The department, in consultation\\nwith the council, may contract with not-for-profit organizations or\\nassociations to establish and manage resource centers. A resource center\\nmay charge a fee to defray the cost of the service.\\n 6. New York state palliative care education and training council. (a)\\nThe New York state palliative care education and training council is\\nestablished in the department as an expert panel in palliative medicine,\\neducation and training. Its members shall be appointed by the\\ncommissioner. The commissioner shall seek recommendations for\\nappointments to such council from New York state-based health care\\nprofessional, consumer, medical institutional and medical educational\\nleaders. Members of the council shall include: nine representatives of\\nmedical schools and hospital organizations; two representatives of\\nmedical academies; two patient advocates; individual representatives of\\nan organization broadly representative of physicians, internal medicine,\\nfamily physicians, nursing, social work, hospice, home care, neurology,\\npsychiatry, pediatrics, obstetrics-gynecology, surgery, and the hospital\\nphilanthropic community; and the executive director or a member of the\\ngovernor's taskforce on life and the law and of the New York state\\ncouncil on graduate medical education. Members shall have expertise in\\npalliative care or pain management. Members shall serve a term of three\\nyears with renewable terms. Members shall receive no compensation for\\ntheir services, but shall be allowed actual and necessary expenses in\\nthe performance of their duties.\\n (b) A chairperson and vice-chairperson of the council shall be elected\\nannually by the council. The council shall meet upon the call of the\\nchairperson, and may adopt bylaws consistent with this section.\\n (c) The commissioner shall designate such employees and provide other\\nresources of the department as are reasonably necessary to provide\\nsupport services to the council. The council, acting by the chair of the\\ncouncil, may employ additional staff and consultants and incur other\\nexpenses to carry out its duties, to be paid from amounts which may be\\nmade available to the council for that purpose.\\n (d) The council may provide technical information and guidance for\\npractitioners on the latest palliative care strategies, therapies and\\nmedications.\\n 7. Reports. The commissioner, in conjunction with the council, shall\\nprepare and submit a report to the governor and the legislature, on or\\nbefore February first, two thousand ten reporting the results and\\nevaluating the effectiveness of this section.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2807-P", "title" : "Comprehensive diagnostic and treatment centers indigent care program", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2017-04-28", "2020-04-17", "2023-05-12", "2023-06-23", "2026-06-05" ], "docLevelId" : "2807-P", "activeDate" : "2017-04-28", "sequenceNo" : 1065, "repealedDate" : null, "fromSection" : "2807-P", "toSection" : "2807-P", "text" : " § 2807-p. Comprehensive diagnostic and treatment centers indigent care\\nprogram. 1. (a) For periods prior to July first, two thousand three, and\\non and after July first, two thousand five the commissioner is\\nauthorized to make payments to eligible diagnostic and treatment\\ncenters, to the extent of funds available therefor, up to forty-eight\\nmillion dollars annually, to assist in meeting losses resulting from\\nuncompensated care. The amount of funds available for such payments\\npursuant to subdivision four of this section shall be the amount\\nremaining after the allocation provided in section seven of chapter four\\nhundred thirty-three of the laws of nineteen hundred ninety-seven as\\namended by section seventy-five of chapter one of the laws of nineteen\\nhundred ninety-nine.\\n (b) For periods on and after July first, two thousand three, through\\nJune thirtieth, two thousand five, the commissioner shall, subject to\\nthe availability of federal financial participation, adjust medical\\nassistance rates of payment to assist in meeting losses resulting from\\nuncompensated care, provided, however, in the event federal financial\\nparticipation is not available, the commissioner is authorized to\\ncontinue to make payments to eligible diagnostic and treatment centers,\\nto the extent of funds available therefor, in accordance with provisions\\nof paragraph (a) of this subdivision and without regard to the\\nprovisions of subdivisions four-a and four-b of this section.\\n (c) Notwithstanding paragraph (a) of this subdivision, subdivision\\nfour-c of this section or any other inconsistent provision of this\\nsection, distributions made pursuant to this section for annual periods\\non and after July first, two thousand nine shall be subject to a uniform\\nreduction of two percent.\\n (d) The commissioner may require facilities receiving distributions\\npursuant to this section as a condition of participating in such\\ndistributions, to provide reports and data to the department as the\\ncommissioner deems necessary to adequately implement the provisions of\\nthis section.\\n 2. Definitions. (a) \"Eligible diagnostic and treatment centers\", for\\npurposes of this section, shall mean voluntary non-profit and publicly\\nsponsored diagnostic and treatment centers providing a comprehensive\\nrange of primary health care services which can demonstrate losses from\\ndisproportionate share of uncompensated care during a base period two\\nyears prior to the grant period; provided that for periods on and after\\nJanuary first, two thousand four an eligible diagnostic and treatment\\ncenter shall not include any voluntary non-profit diagnostic and\\ntreatment center controlling, controlled by or under common control with\\na health maintenance organization, as defined by subdivision one of\\nsection forty-four hundred one of this chapter; provided further that\\nfor purposes of this section, a health maintenance organization shall\\nnot include a prepaid health services plan licensed pursuant to section\\nforty-four hundred three-a of this chapter. For periods on and after\\nJuly first, two thousand three, the base period and the grant period\\nshall be the calendar year.\\n (b) \"Uncompensated care need\", for purposes of this section, means\\nlosses from reported self-pay and free visits multiplied by the\\nfacility's medical assistance payment rate for the applicable\\ndistribution year, offset by payments received from such patients during\\nthe reporting period.\\n 3. (a) During the period January first, nineteen hundred ninety-seven\\nthrough September thirtieth, nineteen hundred ninety-seven and for each\\nfiscal year period commencing on October first thereafter through\\nDecember thirty-first, nineteen hundred ninety-nine and for periods on\\nand after January first, two thousand, diagnostic and treatment centers\\nshall be eligible for allocations of funds or for rate adjustments\\ndetermined in accordance with this section to reflect the needs of the\\ndiagnostic and treatment center for the financing of losses resulting\\nfrom uncompensated care.\\n (b) A diagnostic and treatment center qualifying for a distribution or\\na rate adjustment pursuant to this section shall provide assurances\\nsatisfactory to the commissioner that it shall undertake reasonable\\nefforts to maintain financial support from community and public funding\\nsources and reasonable efforts to collect payments for services from\\nthird-party insurance payors, governmental payors and self-paying\\npatients.\\n (c) To be eligible for an allocation of funds or a rate adjustment\\npursuant to this section, a diagnostic and treatment center must provide\\na comprehensive range of primary health care services and must\\ndemonstrate that a minimum of five percent of total clinic visits\\nreported during the applicable base year period were to uninsured\\nindividuals. The commissioner may retrospectively reduce the allocations\\nof funds or the rate adjustments to a diagnostic and treatment center if\\nit is determined that provider management actions or decisions have\\ncaused a significant reduction for the grant period in the delivery of\\ncomprehensive primary health care services to uncompensated care\\nresidents of the community.\\n 4. (a) (i) The total amount of funds to be allocated and distributed\\nfor uncompensated care to eligible voluntary non-profit diagnostic and\\ntreatment centers for a distribution period prior to July first, two\\nthousand three, and on and after July first, two thousand five through\\nDecember thirty-first, two thousand six, in accordance with this\\nsubdivision shall be limited to thirty-three percent of the funds\\navailable therefor pursuant to paragraph (a) of subdivision one of this\\nsection and, for the period January first, two thousand seven through\\nDecember thirty-first, two thousand seven, such distributions shall be\\nlimited to sixteen and one-half percent of the funds available therefor.\\n (ii) The total amount of funds to be allocated and distributed for\\nuncompensated care to eligible publicly sponsored diagnostic and\\ntreatment centers for a grant period prior to July first, two thousand\\nthree, and on and after July first, two thousand five through December\\nthirty-first, two thousand six, in accordance with this subdivision\\nshall be limited to sixty-seven percent of funds available therefor\\npursuant to paragraph (a) of subdivision one of this section and, for\\nthe period January first, two thousand seven through December\\nthirty-first, two thousand seven, such distributions shall be limited to\\nthirty-three and one-half percent of the funds available therefor;\\nprovided, however, that for periods up through December thirty-first,\\ntwo thousand seven, forty-one percent of the amount of funds allocated\\nfor distribution to eligible publicly sponsored diagnostic and treatment\\ncenters shall be available for clinics operating under the auspices of\\nthe New York city health and hospitals corporation as established by\\nchapter one thousand sixteen of the laws of nineteen hundred sixty-nine\\nas amended.\\n (iii) (A) Notwithstanding any inconsistent provision of this\\nparagraph, for the period January first, nineteen hundred ninety-seven\\nthrough December thirty-first, nineteen hundred ninety-nine and for\\nperiods on and after January first, two thousand through December\\nthirty-first, two thousand two, and for periods on and after January\\nfirst, two thousand four through December thirty-first, two thousand\\nseven, in the event that federal financial participation is not\\navailable for rate adjustments pursuant to this section, diagnostic and\\ntreatment centers which received an allowance pursuant to paragraph (f)\\nof subdivision two of section twenty-eight hundred seven of this article\\nfor the period through December thirty-first, nineteen hundred\\nninety-six shall receive an annual uncompensated care distribution\\nallocation of funds of not less than the amount that would have been\\nreceived for any losses associated with the delivery of bad debt and\\ncharity care for nineteen hundred ninety-five had the provisions of\\nparagraph (f) of subdivision two of section twenty-eight hundred seven\\nof this article remained in effect, provided, however, that for the\\nperiod January first, two thousand seven through December thirty-first,\\ntwo thousand seven, the dollar value of the application of the\\nprovisions of this subparagraph for any such diagnostic and treatment\\ncenter shall be reduced by fifty percent.\\n (B) For the period January first, two thousand three through June\\nthirtieth, two thousand three, and for the period July first, two\\nthousand three through December thirty-first, two thousand three and in\\nthe event that federal financial participation is not available for rate\\nadjustments pursuant to this section, each such diagnostic and treatment\\ncenter shall receive an uncompensated care distribution allocation of\\nfunds of not less than one-half the amount calculated pursuant to clause\\n(A) of this subparagraph.\\n (b) (i) A nominal payment amount for the financing of losses\\nassociated with the delivery of uncompensated care will be established\\nfor each eligible diagnostic and treatment center. The nominal payment\\namount shall be calculated as the sum of the dollars attributable to the\\napplication of an incrementally increasing nominal coverage percentage\\nof base year period losses associated with the delivery of uncompensated\\ncare for percentage increases in the relationship between base year\\nperiod eligible uninsured care clinic visits and base year period total\\nclinic visits according to the following scale:\\n % of eligible bad debt and charity care % of nominal financial\\n clinic visits to total visits loss coverage\\n up to 15% 50%\\n 15 - 30% 75%\\n 30%+ 100%\\n (ii) For periods prior to January first, two thousand eight, if the\\nsum of the nominal payment amounts for all eligible voluntary non-profit\\ndiagnostic and treatment centers or for all eligible public diagnostic\\nand treatment centers or for all clinics operating under the auspices of\\nthe New York city health and hospitals corporation is less than the\\namount allocated for uncompensated care allowances pursuant to paragraph\\n(a) of this subdivision for such diagnostic and treatment centers\\nrespectively, the nominal coverage percentages of base year period\\nlosses associated with the delivery of uncompensated care pursuant to\\nthis scale may be increased to not more than one hundred percent for\\nvoluntary non-profit diagnostic and treatment centers or for public\\ndiagnostic and treatment centers or for all clinics operating under the\\nauspices of the New York city health and hospitals corporation in\\naccordance with rules and regulations adopted by the council and\\napproved by the commissioner.\\n (c) For periods prior to January first, two thousand eight, the\\nuncompensated care allocations of funds for each eligible voluntary\\nnon-profit diagnostic and treatment center, as computed in accordance\\nwith paragraph (a) of this subdivision, shall be based on the dollar\\nvalue of the result of the ratio of total funds allocated for\\ndistributions for voluntary non-profit diagnostic and treatment centers\\npursuant to paragraph (a) of this subdivision to the total statewide\\nnominal payment amounts for all eligible voluntary non-profit diagnostic\\nand treatment centers determined in accordance with paragraph (b) of\\nthis subdivision applied to the nominal payment amount for each such\\ndiagnostic and treatment center.\\n (d) For periods prior to January first, two thousand eight, the\\nuncompensated care allocations of funds for each eligible public\\ndiagnostic and treatment center, other than clinics operating under the\\nauspices of the New York city health and hospitals corporation and as\\ncomputed in accordance with paragraph (a) of this subdivision, shall be\\nbased on the dollar value of the result of the ratio of total funds\\nallocated for distributions for public diagnostic and treatment centers,\\nother than clinics operating under the auspices of the New York city\\nhealth and hospitals corporation, pursuant to paragraph (a) of this\\nsubdivision to the total statewide nominal payment amounts for all\\neligible public diagnostic and treatment centers, other than clinics\\noperating under the auspices of the New York city health and hospitals\\ncorporation, determined in accordance with paragraph (b) of this\\nsubdivision applied to the nominal payment amount for each such\\ndiagnostic and treatment center.\\n (e) For periods prior to January first, two thousand eight, the\\nuncompensated care grant allocations of funds for each eligible public\\ndiagnostic and treatment center operating under the auspices of the New\\nYork city health and hospitals corporation, as computed in accordance\\nwith paragraph (a) of this subdivision, shall be based on the dollar\\nvalue of the result of the ratio of total funds allocated for\\ndistributions for public diagnostic and treatment centers operating\\nunder the auspices of the New York city health and hospitals corporation\\npursuant to paragraph (a) of this subdivision to the total statewide\\nnominal payment amounts for all eligible public diagnostic and treatment\\ncenters operating under the auspices of the New York city health and\\nhospitals corporation determined in accordance with paragraph (b) of\\nthis subdivision applied to the nominal payment amount for each such\\ndiagnostic and treatment center.\\n (f) For periods prior to January first, two thousand eight, any\\nresidual amount allocated for distribution to a classification of\\ndiagnostic and treatment centers in accordance with this subdivision\\nshall be reallocated by the commissioner for distributions to the other\\nclassifications based on remaining need.\\n (g) For periods on and after January first, two thousand seven, the\\nuncompensated care allocations of funds for each eligible diagnostic and\\ntreatment center, other than allocations made pursuant to paragraphs\\n(c), (d), (e) or (f) of this subdivision, shall be based on the dollar\\nvalue of the result of the ratio of total funds allocated for\\ndistributions for all eligible diagnostic and treatment centers to the\\ntotal statewide nominal payment amounts for all eligible diagnostic and\\ntreatment centers determined in accordance with paragraph (b) of this\\nsubdivision applied to the nominal payment amount for each such\\ndiagnostic and treatment center.\\n 4-a. (a)(i) For periods on and after July first, two thousand three,\\nthrough June thirtieth, two thousand five, funds shall be made available\\nfor adjustments to rates of payments made pursuant to paragraph (b) of\\nsubdivision one of this section for eligible voluntary non-profit\\ndiagnostic and treatment centers in accordance with subparagraphs (ii)\\nand (iii) of this paragraph, for the following periods in the following\\naggregate amounts:\\n (A) For the period July first, two thousand three through December\\nthirty-first, two thousand three, up to seven million five hundred\\nthousand dollars;\\n (B) For the period January first, two thousand four through December\\nthirty-first, two thousand four, up to fifteen million dollars;\\n (C) For the period January first, two thousand five through June\\nthirtieth, two thousand five, up to seven million five hundred thousand\\ndollars.\\n (ii) A nominal payment amount for the financing of losses associated\\nwith the delivery of uncompensated care will be established for each\\neligible diagnostic and treatment center. The nominal payment amount\\nshall be calculated as the sum of the dollars attributable to the\\napplication of an incrementally increasing nominal coverage percentage\\nof base year period losses associated with the delivery of uncompensated\\ncare for percentage increases in the relationship between base year\\nperiod eligible uninsured care clinic visits and base year period total\\nclinic visits according to the following scale:\\n % of eligible bad debt and charity care % of nominal financial\\n clinic visits to total visits loss coverage\\n up to 15% 50%\\n 15 - 30% 75%\\n 30%+ 100%\\n (iii) The uncompensated care rate adjustments for each eligible\\nvoluntary non-profit diagnostic and treatment center shall be based on\\nthe dollar value of the result of the ratio of total funds allocated for\\ndistributions for voluntary non-profit diagnostic and treatment centers\\npursuant to subparagraph (i) of this paragraph, to the total statewide\\nnominal payment amounts for all eligible voluntary non-profit diagnostic\\nand treatment centers determined in accordance with subparagraph (ii) of\\nthis paragraph applied to the nominal payment amount for each such\\ndiagnostic and treatment center.\\n (b)(i) For periods on and after July first, two thousand three through\\nJune thirtieth, two thousand five, funds shall be made available for\\nadjustments to rates of payments made pursuant to paragraph (b) of\\nsubdivision one of this section for eligible public diagnostic and\\ntreatment centers, other than clinics operated under the auspices of the\\nNew York city health and hospitals corporation, in accordance with\\nsubparagraphs (ii) and (iii) of this paragraph, for the following\\nperiods in the following aggregate amounts:\\n (A) For the period July first, two thousand three through December\\nthirty-first, two thousand three, up to nine million dollars;\\n (B) For the period January first, two thousand four through December\\nthirty-first, two thousand four, up to eighteen million dollars;\\n (C) For the period January first, two thousand five through June\\nthirtieth, two thousand five, up to nine million dollars.\\n (ii) A nominal payment amount for the financing of losses associated\\nwith the delivery of uncompensated care will be established for each\\neligible diagnostic and treatment center. The nominal payment amount\\nshall be calculated as the sum of the dollars attributable to the\\napplication of an incrementally increasing nominal coverage percentage\\nof base year period losses associated with the delivery of uncompensated\\ncare for percentage increases in the relationship between base year\\nperiod eligible uninsured care clinic visits and base year period total\\nclinic visits according to the following scale:\\n % of eligible bad debt and charity care % of nominal financial\\n clinic visits to total visits loss coverage\\n up to 15% 50%\\n 15 - 30% 75%\\n 30%+ 100%\\n (iii) The uncompensated care rate adjustments for each eligible public\\ndiagnostic and treatment center, other than clinics operating under the\\nauspices of the New York city health and hospitals corporation, shall be\\nbased on the dollar value of the result of the ratio of total funds\\nallocated for distributions for public diagnostic and treatment centers,\\nother than clinics operating under the auspices of the New York city\\nhealth and hospitals corporation, pursuant to subparagraph (i) of this\\nparagraph to the total statewide nominal payment amounts for all\\neligible public diagnostic and treatment centers, other than clinics\\noperating under the auspices of the New York city health and hospitals\\ncorporation, determined in accordance with subparagraph (ii) of this\\nparagraph applied to the nominal payment amount for each such diagnostic\\nand treatment center.\\n (c)(i) For periods on and after July first, two thousand three,\\nthrough June thirtieth, two thousand five, funds shall be made available\\nfor adjustments to rates of payments made pursuant to paragraph (b) of\\nsubdivision one of this section for eligible public diagnostic and\\ntreatment centers operating under the auspices of the New York city\\nhealth and hospitals corporation, in accordance with subparagraphs (ii)\\nand (iii) of this paragraph, for the following periods in the following\\naggregate amounts:\\n (A) For the period July first, two thousand three through December\\nthirty-first, two thousand three, up to six million dollars;\\n (B) For the period January first, two thousand four through December\\nthirty-first, two thousand four, up to twelve million dollars;\\n (C) For the period January first, two thousand five through June\\nthirtieth, two thousand five, up to six million dollars.\\n (ii) A nominal payment amount for the financing of losses associated\\nwith the delivery of uncompensated care will be established for each\\neligible diagnostic and treatment center. The nominal payment amount\\nshall be calculated as the sum of the dollars attributable to the\\napplication of an incrementally increasing nominal coverage percentage\\nof base year period losses associated with the delivery of uncompensated\\ncare for percentage increases in the relationship between base year\\nperiod eligible uninsured care clinic visits and base year period total\\nclinic visits according to the following scale:\\n % of eligible bad debt and charity care % of nominal financial\\n clinic visits to total visits loss coverage\\n up to 15% 50%\\n 15 - 30% 75%\\n 30%+ 100%\\n (iii) The uncompensated care rate adjustment, for each eligible public\\ndiagnostic and treatment center operating under the auspices of the New\\nYork city health and hospitals corporation shall be based on the dollar\\nvalue of the result of the ratio of total funds allocated for\\ndistributions for public diagnostic and treatment centers operating\\nunder the auspices of the New York city health and hospitals corporation\\npursuant to subparagraph (i) of this paragraph to the total statewide\\nnominal payment amounts for all eligible public diagnostic and treatment\\ncenters operating under the auspices of the New York city health and\\nhospitals corporation determined in accordance with subparagraph (ii) of\\nthis paragraph applied to the nominal payment amount for each such\\ndiagnostic and treatment center.\\n (d) (i) Notwithstanding the provisions of paragraph (b) of this\\nsubdivision and any other provisions of this chapter, municipalities\\nwhich received state aid pursuant to article two of this chapter for the\\nnineteen hundred eighty-nine--nineteen hundred ninety state fiscal year\\nin support of non-hospital based free-standing or local health\\ndepartment operated general medical clinics shall receive an\\nuncompensated care rate adjustment for the period July first, two\\nthousand three through December thirty-first, two thousand three, of not\\nless than one-half the amount received in the nineteen hundred\\neighty-nine--nineteen hundred ninety state fiscal year for general\\nmedical clinics.\\n (ii) For the period January first, two thousand four through December\\nthirty-first, two thousand four, each such municipality shall receive an\\nuncompensated care rate adjustment of not less than twice the amount\\ncalculated pursuant to subparagraph (i) of this paragraph.\\n (iii) For the period January first, two thousand five through June\\nthirtieth, two thousand five, each such municipality shall receive an\\nannual uncompensated care rate adjustment of not less than the amount\\ncalculated pursuant to subparagraph (i) of this paragraph.\\n (e) (i) Notwithstanding any inconsistent provision of this\\nsubdivision, for the period July first, two thousand three through\\nDecember thirty-first, two thousand three, diagnostic and treatment\\ncenters which received an allowance pursuant to paragraph (f) of\\nsubdivision two of section twenty-eight hundred seven of this article\\nfor the period through December thirty-first, nineteen hundred\\nninety-six shall receive an uncompensated care rate adjustment of not\\nless than one-half the amount that would have been received for any\\nlosses associated with the delivery of bad debt and charity care for\\nnineteen hundred ninety-five had the provisions of paragraph (f) of\\nsubdivision two of section twenty-eight hundred seven of this article\\nremained in effect.\\n (ii) For the period January first, two thousand four through December\\nthirty-first, two thousand four, each such diagnostic and treatment\\ncenter shall receive an uncompensated care rate adjustment of not less\\nthan twice the amount calculated pursuant to subparagraph (i) of this\\nparagraph.\\n (iii) For the period January first, two thousand five through June\\nthirtieth, two thousand five, each such diagnostic and treatment center\\nshall receive an annual uncompensated care rate adjustment of not less\\nthan the amount calculated pursuant to subparagraph (i) of this\\nparagraph, and shall be subject to subsequent adjustment or\\nreconciliation.\\n (f) Any residual amount allocated for distribution to a classification\\nof diagnostic and treatment centers in accordance with this subdivision\\nshall be reallocated by the commissioner for distributions to the other\\nclassifications based on remaining need.\\n 4-b. (a) For periods on and after July first, two thousand three,\\nthrough June thirtieth, two thousand five, funds shall be made available\\nfor adjustments to rates of payment made pursuant to paragraph (b) of\\nsubdivision one of this section for eligible diagnostic and treatment\\ncenters with less than two years of operating experience, and diagnostic\\nand treatment centers which have received certificate of need approval\\non applications which indicate a significant increase in uninsured\\nvisits, for the following periods and in the following aggregate\\namounts:\\n (i) For the period July first, two thousand three through December\\nthirty-first, two thousand three, up to one million five hundred\\nthousand dollars;\\n (ii) For the period January first, two thousand four through December\\nthirty-first, two thousand four, up to three million dollars;\\n (iii) For the period January first, two thousand five through June\\nthirtieth, two thousand five, up to one million five hundred thousand\\ndollars.\\n (b) To be eligible for a rate adjustment pursuant to this section, a\\ndiagnostic and treatment center shall be a voluntary, non-profit or\\npublicly sponsored diagnostic and treatment center providing a\\ncomprehensive range of primary health care services and be eligible to\\nreceive a medicaid budgeted rate prior to April first of the applicable\\nrate adjustment period after which time, the department shall issue rate\\nadjustments pursuant to this subdivision for such periods. Rate\\nadjustments made pursuant to this subdivision shall be allocated based\\nupon each eligible facility's proportional share of costs for services\\nrendered to uninsured patients which have otherwise not been used for\\nestablishing distributions pursuant to subdivision four-a of this\\nsection. For the purposes of this subdivision costs shall be measured by\\nmultiplying each facility's medicaid budgeted rate by the estimated\\nnumber of visits reported for services anticipated to be rendered to\\nuninsured patients meeting the aforementioned criteria, less any\\nanticipated patient service revenues received from such uninsured\\npatients, during the applicable rate adjustment period.\\n 4-c. Notwithstanding any provision of law to the contrary, the\\ncommissioner shall make additional payments for uncompensated care to\\nvoluntary non-profit diagnostic and treatment centers that are eligible\\nfor distributions under subdivision four of this section in the\\nfollowing amounts: for the period June first, two thousand six through\\nDecember thirty-first, two thousand six, in the amount of seven million\\nfive hundred thousand dollars, for the period January first, two\\nthousand seven through December thirty-first, two thousand seven, seven\\nmillion five hundred thousand dollars, for the period January first, two\\nthousand eight through December thirty-first, two thousand eight, seven\\nmillion five hundred thousand dollars, for the period January first, two\\nthousand nine through December thirty-first, two thousand nine, fifteen\\nmillion five hundred thousand dollars, for the period January first, two\\nthousand ten through December thirty-first, two thousand ten, seven\\nmillion five hundred thousand dollars, for the period January first, two\\nthousand eleven though December thirty-first, two thousand eleven, seven\\nmillion five hundred thousand dollars, for the period January first, two\\nthousand twelve through December thirty-first, two thousand twelve,\\nseven million five hundred thousand dollars, for the period January\\nfirst, two thousand thirteen through December thirty-first, two thousand\\nthirteen, seven million five hundred thousand dollars, for the period\\nJanuary first, two thousand fourteen through December thirty-first, two\\nthousand fourteen, seven million five hundred thousand dollars, for the\\nperiod January first, two thousand fifteen through December\\nthirty-first, two thousand fifteen, seven million five hundred thousand\\ndollars, for the period January first two thousand sixteen through\\nDecember thirty-first, two thousand sixteen, seven million five hundred\\nthousand dollars, for the period January first, two thousand seventeen\\nthrough December thirty-first, two thousand seventeen, seven million\\nfive hundred thousand dollars, for the period January first, two\\nthousand eighteen through December thirty-first, two thousand eighteen,\\nseven million five hundred thousand dollars, for the period January\\nfirst, two thousand nineteen through December thirty-first, two thousand\\nnineteen, seven million five hundred thousand dollars, and for the\\nperiod January first, two thousand twenty through March thirty-first,\\ntwo thousand twenty, in the amount of one million six hundred thousand\\ndollars, provided, however, that for periods on and after January first,\\ntwo thousand eight, such additional payments shall be distributed to\\nvoluntary, non-profit diagnostic and treatment centers and to public\\ndiagnostic and treatment centers in accordance with paragraph (g) of\\nsubdivision four of this section. In the event that federal financial\\nparticipation is available for rate adjustments pursuant to this\\nsection, the commissioner shall make such payments as additional\\nadjustments to rates of payment for voluntary non-profit diagnostic and\\ntreatment centers that are eligible for distributions under subdivision\\nfour-a of this section in the following amounts: for the period June\\nfirst, two thousand six through December thirty-first, two thousand six,\\nfifteen million dollars in the aggregate, and for the period January\\nfirst, two thousand seven through June thirtieth, two thousand seven,\\nseven million five hundred thousand dollars in the aggregate. The\\namounts allocated pursuant to this paragraph shall be aggregated with\\nand distributed pursuant to the same methodology applicable to the\\namounts allocated to such diagnostic and treatment centers for such\\nperiods pursuant to subdivision four of this section if federal\\nfinancial participation is not available, or pursuant to subdivision\\nfour-a of this section if federal financial participation is available.\\nNotwithstanding section three hundred sixty-eight-a of the social\\nservices law, there shall be no local share in a medical assistance\\npayment adjustment under this subdivision.\\n 5. Diagnostic and treatment centers shall furnish to the department\\nsuch reports and information as may be required by the commissioner to\\nassess the cost, quality, access to, effectiveness and efficiency of\\nuncompensated care provided. The council shall adopt rules and\\nregulations, subject to the approval of the commissioner, to establish\\nuniform reporting and accounting principles designed to enable\\ndiagnostic and treatment centers to fairly and accurately determine and\\nreport uncompensated care visits and the costs of uncompensated care. In\\norder to be eligible for an allocation of funds pursuant to this\\nsection, a diagnostic and treatment center must be in compliance with\\nuncompensated care reporting requirements.\\n 6. Notwithstanding any inconsistent provision of law to the contrary,\\nthe availability or payment of funds to a diagnostic and treatment\\ncenter pursuant to this section shall not be admissible as a defense,\\noffset or reduction in any action or proceeding relating to any bill or\\nclaim for amounts due for services provided by a diagnostic and\\ntreatment center.\\n 7. Revenue from distributions to a diagnostic and treatment center\\npursuant to this section shall not be included in gross revenue received\\nfor purposes of the assessments pursuant to section twenty-eight hundred\\nseven-d of this article, subject to the provisions of subdivision twelve\\nof section twenty-eight hundred seven-d of this article.\\n 8. (a) For periods on or after January first, two thousand through\\nJune thirtieth, two thousand three, payments made to an eligible\\ndiagnostic and treatment center pursuant to this section shall be\\nreduced or increased by an amount equal to the amount of any\\noverpayments or underpayments made against grants awarded pursuant to\\nsection seven of chapter four hundred thirty-three of the laws of\\nnineteen hundred ninety-seven for the period three years prior to the\\nannual awards made pursuant to this section.\\n (b) The determination of such overpayments or underpayments shall be\\nbased on the submission by eligible facilities of reports reflecting\\nactual uncompensated care data, as required by the commissioner, which\\nare attributable to prior periods. Submission of such reports is a\\ncondition for an eligible facility's receipt of payments pursuant to\\nthis section.\\n (c) For any periods in which a facility does not receive payments\\npursuant to this section, the amount of any prior period overpayment may\\nbe offset against payments for medical assistance made to such facility\\npursuant to title eleven of article five of the social services law and\\ncredited to funds allocated pursuant to this section. Any prior period\\nunderpayment to an eligible facility may be paid to such facility in a\\nsubsequent period.\\n 9. Adjustments to rates of payment made pursuant to this section may\\nbe added to rates of payment or made as aggregate payments to eligible\\ndiagnostic and treatment centers and shall not be subject to subsequent\\nadjustment or reconciliation, provided, however, that in the event such\\nadjustments are made as aggregate payments, then notwithstanding any\\nlaw, rule or regulation to the contrary responsibility for the local\\nshare of such aggregate payments shall be apportioned to a local social\\nservices district based on the most recent geographic utilization data\\navailable to the department for eligible diagnostic and treatment center\\nservices for payments in accordance with subdivisions four-a and four-b\\nof this section for all diagnostic and treatment center services\\nprovided in accordance with section three hundred sixty-five-a of the\\nsocial services law, regardless of whether another social services\\ndistrict or the department may otherwise be responsible for furnishing\\nmedical assistance to the eligible persons receiving such services.\\n 10. (a) Notwithstanding any inconsistent provision of this section or\\nany other contrary provision of law, the commissioner is authorized to\\nseek a waiver from the federal department of health and human services\\npursuant to section eleven hundred fifteen of the federal social\\nsecurity act, or such other federal law provision as may be deemed\\nappropriate, seeking federal financial participation in payments made\\npursuant to this section, in which case the state funding made available\\npursuant to this section shall be utilized as the non-federal share of\\nsuch payments. To the extent as may be required, payments made pursuant\\nto this section and in accordance with this subdivision, may be deemed\\nto be disproportionate share hospital payments in accordance with the\\nprovisions of the federal social security act.\\n (b) If federal financial participation in payments made pursuant to\\nthis section are made available in accordance with the provisions of\\nthis subdivision, free-standing clinics licensed solely pursuant to\\narticle thirty-one of the mental hygiene law shall also be deemed\\neligible for participation in such payments to the same degree and in\\naccordance with the same distribution methodology otherwise provided in\\nthis section, provided, however, that only those units of service\\nprovided by such free-standing clinics that constitute medical services\\nthat are otherwise eligible for consideration for Medicaid payments\\nshall be reflected in distributions made pursuant to this section, and\\nfurther provided, however, that the commissioner may, in consultation\\nwith the commissioner of the office of mental health, require such\\nclinics, as a condition of receiving such distributions, to provide\\nreports and data to the department as the commissioner deems necessary\\nto adequately implement the provisions of this subdivision with regard\\nto such clinics.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2807-R", "title" : "Funding for expansion of cancer services", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2807-R", "activeDate" : "2014-09-22", "sequenceNo" : 1066, "repealedDate" : null, "fromSection" : "2807-R", "toSection" : "2807-R", "text" : " § 2807-r. Funding for expansion of cancer services. To the extent of\\nfunds available therefor pursuant to section twenty-eight hundred\\nseven-l of this article, the commissioner may allocate funds for\\ncompetitive grants or reimbursement for the expansion of cancer services\\ninto medically underserved or high need areas or medically underserved\\npopulations, and for training programs for physicians and other\\npractitioners from medically underserved areas to upgrade their training\\nand education in relation to providing cancer education, detection and\\ntreatment services in such areas.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2807-S", "title" : "Professional education pool funding", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2017-04-28", "2020-04-17", "2022-01-07", "2023-05-12", "2023-06-23", "2026-05-29", "2026-06-05" ], "docLevelId" : "2807-S", "activeDate" : "2017-04-28", "sequenceNo" : 1067, "repealedDate" : null, "fromSection" : "2807-S", "toSection" : "2807-S", "text" : " * § 2807-s. Professional education pool funding. 1. (a) Payments to\\ngeneral hospitals by all specified third-party payors, as defined in\\nparagraph (b) of subdivision one-a of this section, making payments on a\\nrate, charge, negotiated payment, or other basis for inpatient hospital\\nservices provided to persons who are not eligible for payments as\\nbeneficiaries of title XVIII of the federal social security act\\n(medicare) or eligible for medical assistance pursuant to title eleven\\nof article five of the social services law (including enrollees in\\nmedicaid managed care programs) or eligible for the family health plus\\nprogram pursuant to title eleven-D of article five of the social\\nservices law, and related payments of patient deductible and coinsurance\\namounts and of secondary third-party payors, shall include a surcharge\\nfor a regional allowance on inpatient hospital net patient service\\nrevenues in the percentage amount and for the periods specified in\\nsubdivision two of this section. Any such allowance shall be submitted\\nby general hospitals to the commissioner or the commissioner's designee\\nin accordance with subdivision five of this section.\\n (b) The allowance established pursuant to this section shall not be\\napplicable to specified third-party payors filing an election and making\\npayments to the commissioner or the commissioner's designee in\\naccordance with section twenty-eight hundred-seven-t of this article and\\npursuant to paragraph (a) of subdivision five of section twenty-eight\\nhundred seven-j of this article, nor to related payments of patient\\ndeductible and coinsurance amounts and of secondary third-party payors.\\n 1-a. Definitions. (a) \"Third-party coverage\", for purposes of this\\nsection and section twenty-eight hundred seven-t of this article, shall\\ninclude payments by a specified third-party payor making payments on\\nbehalf of a patient; whether made directly to a general hospital or\\nindirectly as indemnity or similar payments made to the patient (or\\npatient's representative such as parent or family member) for inpatient\\nhospital services provided by a general hospital, or through the use of\\npayments made payable to both the general hospital and the patient or\\npatient's representative, or similar devices.\\n (b) \"Specified third-party payors\", for purposes of this section and\\nsections twenty-eight hundred seven-j and twenty-eight hundred seven-t\\nof this article, shall include corporations organized and operating in\\naccordance with article forty-three of the insurance law, organizations\\noperating in accordance with the provisions of article forty-four of\\nthis chapter, self-insured funds and administrators acting on behalf of\\nself-insured funds, and commercial insurers authorized to write accident\\nand health insurance and whose policy provides coverage on an expense\\nincurred basis. Specified third-party payors, for purposes of this\\nsection, shall not include governmental agencies or providers of\\ncoverage pursuant to the comprehensive motor vehicle insurance\\nreparations act, the workers' compensation law, the volunteer\\nfirefighters' benefit law, or the volunteer ambulance workers' benefit\\nlaw.\\n (c) \"Regions\", for purposes of this section and section twenty-eight\\nhundred seven-t of this article shall mean the regions as defined in\\nparagraph (b) of subdivision sixteen of section twenty-eight hundred\\nseven-c of this article as in effect on June thirtieth, nineteen hundred\\nninety-six.\\n 2. (a) The regional percentage allowance for any period during the\\nperiod January first, nineteen hundred ninety-seven through December\\nthirty-first, nineteen hundred ninety-nine for all general hospitals in\\nthe region applicable to a specified third-party payor, and applicable\\nto related patient coinsurance and deductible amounts and to secondary\\nthird-party payors under coordination of benefits principles, shall be\\nthe following, and shall be applied to inpatient hospital net patient\\nservice revenues:\\n (b) the result expressed as a percentage of:\\n (i) for each region, the amount allocated to the region in accordance\\nwith subdivision six of this section, divided by\\n (ii) the total estimated nineteen hundred ninety-six general hospital\\ninpatient revenue of all general hospitals in the region, excluding (A)\\nan estimate of revenue from services provided to beneficiaries of title\\nXVIII of the federal social security act (medicare), (B) an estimate of\\nrevenue from services provided to patients eligible for payments by\\ngovernmental agencies, patients eligible for payments pursuant to the\\ncomprehensive motor vehicle insurance reparations act, the workers'\\ncompensation law, the volunteer firefighters' benefit law, and the\\nvolunteer ambulance workers' benefit law, and self-pay patients, (C)\\nfrom general hospitals providing graduate medical education in the\\naggregate an amount equal to the amount specified in subparagraph (i) of\\nthis subdivision, other than the components of such amount allocable to\\npayors specified in clause (B) of this subparagraph, and (D) an estimate\\nof revenue reductions related to negotiated reimbursement in nineteen\\nhundred ninety-seven with specified third-party payors which shall be a\\nuniform statewide percentage estimated reduction.\\n (c) (i) The regional percentage allowance for the periods January\\nfirst, two thousand through June thirtieth, two thousand three, for all\\ngeneral hospitals in the region applicable to specified third-party\\npayors, and applicable to related patient coinsurance and deductible\\namounts, shall be the same regional percentage allowance calculated\\npursuant to paragraph (b) of this subdivision for the period January\\nfirst, nineteen hundred ninety-nine through December thirty-first,\\nnineteen hundred ninety-nine.\\n (ii) The regional percentage allowance for the periods July first, two\\nthousand three through December thirty-first, two thousand five, for all\\ngeneral hospitals in the region applicable to specified third-party\\npayors, and applicable to related patient coinsurance and deductible\\namounts, shall be the same regional percentage allowance calculated\\npursuant to paragraph (b) of this subdivision for the period January\\nfirst, nineteen hundred ninety-nine through December thirty-first,\\nnineteen hundred ninety-nine multiplied by one hundred eight and\\nnineteen hundredths percent.\\n (iii) The regional percentage allowance for the periods January first,\\ntwo thousand six through June thirtieth, two thousand seven, for all\\ngeneral hospitals in the region applicable to specified third-party\\npayors, and applicable to related patient coinsurance and deductible\\namounts, shall be the same regional percentage allowance calculated\\npursuant to subparagraph (ii) of this paragraph for the period January\\nfirst, two thousand five through December thirty-first, two thousand\\nfive multiplied by one hundred one and thirteen hundredths percent.\\n (iv) The regional percentage allowance for periods on and after July\\nfirst, two thousand seven, for all general hospitals in the region\\napplicable to specified third-party payors, and applicable to related\\npatient coinsurance and deductible amounts, shall be the same regional\\npercentage allowance calculated pursuant to subparagraph (iii) of this\\nparagraph for the period January first, two thousand six through June\\nthirtieth, two thousand seven.\\n 3. Inpatient hospital net patient service revenues, for purposes of\\nthis section, shall mean for general hospitals all moneys received for\\nor on account of inpatient hospital services provided to persons with\\nthird-party coverage from a specified third-party payor, including\\ncapitation payments allocable to inpatient hospital services, less\\nrefunds, for patients discharged or contracted hospital inpatient\\nservice obligations for periods on or after January first, nineteen\\nhundred ninety-seven excluding the following subject to the provisions\\nof subdivision eight of this section:\\n (a) revenue received from the allowances pursuant to section\\ntwenty-eight hundred seven-j of this article and this section; and\\n (b) revenue received from physician practice or faculty practice plan\\ndiscrete billings for private practicing physician services.\\n 4. (a) For periods prior to January first, two thousand five, the\\ncommissioner is authorized to contract with the article forty-three\\ninsurance law plans, or such other contractors as the commissioner shall\\ndesignate, to receive and distribute funds from the allowances\\nestablished pursuant to this section and funds from the assessments\\nestablished pursuant to section twenty-eight hundred seven-t of this\\narticle. In the event contracts with the article forty-three insurance\\nlaw plans or other commissioner's designees are effectuated, the\\ncommissioner shall conduct annual audits of the receipt and distribution\\nof the funds. The reasonable costs and expenses of an administrator as\\napproved by the commissioner, not to exceed for personnel services on an\\nannual basis eight hundred fifty thousand dollars for collection and\\ndistribution of allowances established pursuant to this section and\\nassessments established pursuant to this section and assessments\\nestablished pursuant to section twenty-eight hundred seven-t of this\\narticle shall be paid from the allowance and assessment funds.\\n (b) Notwithstanding any inconsistent provision of section one hundred\\ntwelve or one hundred sixty-three of the state finance law or any other\\nlaw, at the discretion of the commissioner without a competitive bid or\\nrequest for proposal process, contracts in effect for administration of\\nbad debt and charity care pools for the period January first, nineteen\\nhundred ninety-six through June thirtieth, nineteen hundred ninety-six\\npursuant to section twenty-eight hundred seven-c of this article may be\\nextended to provide for administration pursuant to this section, and\\nsection twenty-eight hundred seven-t of this article and may be amended\\nas may be necessary.\\n 5. Funds due by a general hospital to the commissioner or the\\ncommissioner's designee from the allowance pursuant to this section\\nshall be due and shall be collected under the terms and conditions\\nprovided for payment and collection of allowances pursuant to section\\ntwenty-eight hundred seven-j of this article.\\n 6. The amount allocated to each region for purposes of calculating the\\nregional allowance percentage pursuant to this section for each year\\nduring the period January first, nineteen hundred ninety-seven through\\nDecember thirty-first, nineteen hundred ninety-nine and the regional\\nassessments pursuant to section twenty-eight hundred seven-t of this\\narticle for each year during the period January first, nineteen hundred\\nninety-seven through December thirty-first, nineteen hundred ninety-nine\\nand for each year on and after January first, two thousand, shall be the\\nsum of the factors computed in paragraphs (b), (d) and (f) of this\\nsubdivision, if such factors are applicable to a given year, as follows:\\n (a) (i) A gross annual statewide amount for nineteen hundred\\nninety-seven shall be five hundred eighty-nine million dollars.\\n (ii) A gross annual statewide amount for nineteen hundred ninety-eight\\nshall be five hundred eighty-nine million dollars.\\n (iii) A gross annual statewide amount for nineteen hundred ninety-nine\\nshall be five hundred eighty-nine million dollars.\\n (iv) A gross annual statewide amount for two thousand shall be five\\nhundred eighty-nine million dollars.\\n (v) A gross annual statewide amount for two thousand one shall be five\\nhundred sixty-nine million dollars.\\n (vi) A gross annual statewide amount for two thousand two shall be\\nfive hundred eighty-nine million dollars.\\n (vii) A gross annual statewide amount for two thousand three shall be\\nfive hundred eighty-nine million dollars.\\n (viii) A gross annual statewide amount for two thousand four and two\\nthousand five shall be six hundred twenty-four million dollars.\\n (ix) A gross annual statewide amount for two thousand six shall be six\\nhundred seventy-four million dollars.\\n (x) A gross statewide amount for the period January first, two\\nthousand seven through March thirty-first, two thousand seven shall be\\none hundred sixty-eight million five hundred thousand dollars, and for\\nthe period April first, two thousand seven through December\\nthirty-first, two thousand seven shall be five hundred sixty-one million\\nseven hundred fifty thousand dollars.\\n (xi) A gross statewide amount for the period January first, two\\nthousand eight through March thirty-first, two thousand eight, shall be\\none hundred eighty-seven million two hundred fifty thousand dollars.\\n (xii) A gross statewide amount for the period April first, two\\nthousand eight through December thirty-first, two thousand eight, shall\\nbe five hundred sixty-one million seven hundred fifty thousand dollars.\\n (xiii) A gross statewide amount for the period October first, two\\nthousand eight through March thirty-first, two thousand nine, shall be\\none hundred seventy-four million two hundred thousand dollars. Such\\namount shall be separately reported and paid in six monthly installments\\nby the tenth day of each month from October two thousand eight to March\\ntwo thousand nine. Such reports and payments must initially be based on\\neach payers' monthly enrollment count for the preceding month and shall\\nbe reconciled on a month to month basis to reflect the actual monthly\\nenrollment counts for the applicable month.\\n (xiv) A gross annual statewide amount for the period January first,\\ntwo thousand nine through December thirty-first, two thousand fourteen,\\nshall be nine hundred forty-four million dollars.\\n (xv) A gross annual statewide amount for the period January first, two\\nthousand fifteen through December thirty-first, two thousand twenty,\\nshall be one billion forty-five million dollars.\\n (b) The amount specified in paragraph (a) of this subdivision shall be\\nallocated among the regions based on each region's proportional share of\\nthe sum of the estimated revenue of all general hospitals in the region,\\nexcluding revenue related to services provided to beneficiaries of title\\nXVIII of the federal social security act (medicare), related to one\\nhundred percent of the direct medical education expenses and fifty-nine\\nand five-tenths percent of indirect medical education expenses reflected\\nin general hospital inpatient revenue compared to the sum of such\\namounts for all regions, based on estimated nineteen hundred ninety-six\\ndata and statistics, excluding an estimate of revenue from services\\nprovided to patients eligible for payments by governmental agencies,\\npatients eligible for payments pursuant to the comprehensive motor\\nvehicle insurance reparations act, the workers' compensation law, the\\nvolunteer firefighters' benefit law, and the volunteer ambulance\\nworkers' benefit law, and self-pay patients.\\n (c) (i) A further gross annual statewide amount for nineteen hundred\\nninety-seven shall be sixty-four million dollars.\\n (ii) A further gross annual statewide amount for nineteen hundred\\nninety-eight shall be sixty-four million dollars.\\n (iii) A further gross annual statewide amount for nineteen hundred\\nninety-nine shall be eighty-nine million dollars.\\n (iv) A further gross annual statewide amount for two thousand, two\\nthousand one, two thousand two, two thousand three, two thousand four,\\ntwo thousand five, two thousand six, two thousand seven, two thousand\\neight, two thousand nine, two thousand ten, two thousand eleven, two\\nthousand twelve and two thousand thirteen shall be eighty-nine million\\ndollars.\\n (v) A further gross annual statewide amount for the period January\\nfirst, two thousand fourteen through December thirty-first, two thousand\\nfourteen, shall be eighty-nine million dollars.\\n (d) For each year, the amount specified in paragraph (c) of this\\nsubdivision shall be allocated among the regions based on the same\\nregional percentage allocations as determined in accordance with\\nparagraph (b) of this subdivision.\\n (e) A further gross annual statewide amount shall be twelve million\\ndollars for each period prior to January first, two thousand fifteen.\\n (f) For each year, the amount specified in paragraph (e) of this\\nsubdivision shall be allocated among the regions based on each region's\\nallocated share of the AIDS drug assistance program expenditures for the\\nlatest annual period for which such data are available.\\n 7. Funds accumulated, including income from invested funds, from the\\nallowances specified in this section and the assessments pursuant to\\nsection twenty-eight hundred seven-t of this article, including interest\\nand penalties, shall be deposited by the commissioner or the\\ncommissioner's designee as follows:\\n (a) funds shall be accumulated in regional professional education\\npools established by the commissioner or the healthcare reform act\\n(HCRA) resources fund established pursuant to section ninety-two-dd of\\nthe state finance law, whichever is applicable, for distribution in\\naccordance with section twenty-eight hundred seven-m of this article, in\\nthe following amounts:\\n (i) ninety-two and forty-five-hundredths percent of the funds\\naccumulated less seventy-six million dollars for the period January\\nfirst, nineteen hundred ninety-seven through December thirty-first,\\nnineteen hundred ninety-seven,\\n (ii) ninety-two and forty-five-hundredths percent of the funds\\naccumulated less seventy-six million dollars for the period January\\nfirst, nineteen hundred ninety-eight through December thirty-first,\\nnineteen hundred ninety-eight,\\n (iii) ninety-two and forty-five-hundredths percent of the funds\\naccumulated less one hundred one million dollars for the period January\\nfirst, nineteen hundred ninety-nine through December thirty-first,\\nnineteen hundred ninety-nine,\\n (iv) four hundred ninety-four million dollars on an annual basis for\\nthe periods January first, two thousand through December thirty-first,\\ntwo thousand three,\\n (v) four hundred sixty-three million dollars for the period January\\nfirst, two thousand four through December thirty-first, two thousand\\nfour,\\n (vi) four hundred eighty-eight million dollars for the period January\\nfirst, two thousand five through December thirty-first, two thousand\\nfive,\\n (vii) four hundred ninety-four million dollars for the period January\\nfirst, two thousand six through December thirty-first, two thousand six,\\n (viii) four hundred seventy million dollars for the period January\\nfirst, two thousand seven through December thirty-first, two thousand\\nseven,\\n (ix) four hundred forty-six million six hundred thousand dollars for\\nthe period January first, two thousand eight through December\\nthirty-first, two thousand eight,\\n (x) forty-seven million two hundred ten thousand dollars on an annual\\nbasis for the periods January first, two thousand nine through December\\nthirty-first, two thousand ten;\\n (xi) eleven million eight hundred thousand dollars for the period\\nJanuary first, two thousand eleven through March thirty-first, two\\nthousand eleven;\\n (xii) twenty-three million eight hundred thirty-six thousand dollars\\nfor the period April first, two thousand eleven through March\\nthirty-first, two thousand twelve;\\n (xiii) twenty-three million eight hundred thirty-six thousand dollars\\neach state fiscal year for the period April first, two thousand twelve\\nthrough March thirty-first, two thousand twenty;\\n (xiv) provided, however, for periods prior to January first, two\\nthousand nine, amounts set forth in this paragraph may be reduced by the\\ncommissioner in an amount to be approved by the director of the budget\\nto reflect the amount received from the federal government under the\\nstate's 1115 waiver which is directed under its terms and conditions to\\nthe graduate medical education program established pursuant to section\\ntwenty-eight hundred seven-m of this article;\\n (xv) provided further, however, for periods prior to July first, two\\nthousand nine, amounts set forth in this paragraph shall be reduced by\\nan amount equal to the total actual distribution reductions for all\\nfacilities pursuant to paragraph (e) of subdivision three of section\\ntwenty-eight hundred seven-m of this article; and\\n (xvi) provided further, however, for periods prior to July first, two\\nthousand nine, amounts set forth in this paragraph shall be reduced by\\nan amount equal to the actual distribution reductions for all facilities\\npursuant to paragraph (s) of subdivision one of section twenty-eight\\nhundred seven-m of this article.\\n (b) funds shall be added to the funds collected by the commissioner\\nfor distribution in accordance with section twenty-eight hundred seven-j\\nof this article, in the following amounts:\\n (i) seven and fifty-five-hundredths percent of the funds accumulated\\nless seventy-six million dollars for the period January first, nineteen\\nhundred ninety-seven through December thirty-first, nineteen hundred\\nninety-seven,\\n (ii) seven and fifty-five-hundredths percent of the funds accumulated\\nless seventy-six million dollars for the period January first, nineteen\\nhundred ninety-eight through December thirty-first, nineteen hundred\\nninety-eight,\\n (iii) seven and fifty-five-hundredths percent of the funds accumulated\\nless one hundred one million dollars for the period January first,\\nnineteen hundred ninety-nine through December thirty-first, nineteen\\nhundred ninety-nine,\\n (iv) the remaining balance of the funds accumulated for each period on\\nand after January first, two thousand; and\\n (c) further funds shall be added to the funds collected by the\\ncommissioner for distribution in accordance with section twenty-eight\\nhundred seven-j of this article:\\n (i) for the nineteen hundred ninety-seven period, seventy-six million\\ndollars;\\n (ii) for the nineteen hundred ninety-eight period, seventy-six million\\ndollars; and\\n (iii) for the nineteen hundred ninety-nine period, one hundred one\\nmillion dollars.\\n 8. Each exclusion from the allowances effective on or after January\\nfirst, nineteen hundred ninety-seven established pursuant to this\\nsection shall be contingent upon either: (a) qualification of the\\nallowances for waiver pursuant to federal law and regulation; or (b)\\nconsistent with federal law and regulation, not requiring a waiver by\\nthe secretary of the department of health and human services related to\\nsuch exclusion; in order for the allowances under this section to be\\nqualified as a broad-based health care related tax for purposes of the\\nrevenues received by the state pursuant to the allowances not reducing\\nthe amount expended by the state as medical assistance for purposes of\\nfederal financial participation. The commissioner shall collect the\\nallowances relying on such exclusions, pending any contrary action by\\nthe secretary of the department of health and human services. In the\\nevent the secretary of the department of health and human services\\ndetermines that the allowances do not so qualify based on any such\\nexclusion, then the exclusion shall be deemed to have been null and void\\nas of January first, nineteen hundred ninety-seven, and the commissioner\\nshall collect any retroactive amount due as a result, without interest\\nor penalty provided the general hospital pays the retroactive amount due\\nwithin ninety days of notice from the commissioner to the general\\nhospital that an exclusion is null and void. Interest and penalties\\nshall be measured from the due date of ninety days following notice from\\nthe commissioner or the commissioner's designee to the general hospital.\\n 9. Revenue from the allowances pursuant to this section shall not be\\nincluded in gross revenue received for purposes of the assessments\\npursuant to subdivision eighteen of section twenty-eight hundred seven-c\\nof this article, subject to the provisions of paragraph (e) of\\nsubdivision eighteen of section twenty-eight hundred seven-c of this\\narticle, and shall not be included in gross revenue received for\\npurposes of the assessments pursuant to section twenty-eight hundred\\nseven-d of this article, subject to the provisions of subdivision twelve\\nof section twenty-eight hundred seven-d of this article.\\n * NB Expires December 31, 2020\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2807-T", "title" : "Assessments on covered lives", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2017-04-28", "2020-04-17", "2023-05-12", "2023-06-23", "2026-05-29", "2026-06-05" ], "docLevelId" : "2807-T", "activeDate" : "2017-04-28", "sequenceNo" : 1068, "repealedDate" : null, "fromSection" : "2807-T", "toSection" : "2807-T", "text" : " * § 2807-t. Assessments on covered lives. 1. Definitions. (a)\\n\"Individual\" means a person for whom the specified third-party payor has\\nagreed to provide reimbursement for inpatient hospital services in the\\nperiod other than:\\n (i) any person who is eligible for payments as a beneficiary of title\\nXVIII of the federal social security act (medicare);\\n (ii) any person for whom the specified third-party payor has agreed to\\nprovide reimbursement for inpatient hospital services contingent upon\\nsuch person's relationship to an \"individual\" as a spouse, child,\\nstepchild, adopted child, family member, or dependent, as defined by the\\nspecified third-party payor, or as contingent upon any other similar\\nrelationship to an \"individual\" as such relationship is defined by the\\nspecified third-party payor;\\n (iii) any person for whom the specified third-party payor has agreed\\nto provide coverage for hospital confinement on other than an expense\\nincurred basis;\\n (iv) any person for whom the specified third-party payor has agreed to\\nprovide reimbursement for inpatient hospital services pursuant to the\\nworkers' compensation law, the volunteer firefighters' benefit law, or\\nthe volunteer ambulance workers' benefit law;\\n (v) any person for whom the specified third-party payor has agreed to\\nprovide reimbursement for inpatient hospital services pursuant to the\\ncomprehensive motor vehicle insurance reparations act;\\n (vi) any person (hereinafter referred to as the \"primary insured\")\\notherwise meeting the definition of an \"individual\" as set forth under\\nthis section if the specified third-party payor has agreed to provide\\nreimbursement for such person as part of a \"family unit\"; and\\n (vii) effective on and after April first, two thousand five, any\\nperson covered under a student policy issued pursuant to article\\nforty-three of the insurance law, or a blanket student accident, blanket\\nstudent health, or blanket student accident and health insurance policy.\\n (b) \"Family unit\" means any person for whom the specified third-party\\npayor has agreed to provide reimbursement for inpatient hospital\\nservices in the period, together with one or more additional persons for\\nwhom the specified third-party payor has agreed to provide reimbursement\\nfor inpatient hospital services in the period contingent upon such\\nperson's relationship to said person as a spouse, child, stepchild,\\nadopted child, family member, or dependent, as defined by the specified\\nthird-party payor, or as contingent upon any other similar relationship,\\nas such relationship is defined by the specified third-party payor.\\nExcluded from the definition is any family unit where the specified\\nthird-party payor has agreed to provide: coverage for hospital\\nconfinement on other than an expense incurred basis; reimbursement for\\ninpatient hospital services pursuant to the worker's compensation law,\\nthe volunteer firefighters' benefit law, or the volunteer ambulance\\nworkers' benefit law; and reimbursement for inpatient hospital services\\npursuant to the comprehensive motor vehicle insurance reparations act.\\nIf a family unit of two persons includes one person who is eligible for\\npayments as a beneficiary of title XVIII of the social security act\\n(medicare), that family unit shall be deemed an individual for purposes\\nof this section. If a family unit of three or more persons includes one\\nperson who is not eligible for medicare and the remaining two or more\\npersons are eligible for medicare, that family unit shall be deemed an\\nindividual for purposes of this section. A family unit of two or more\\npersons, all of whom are eligible for medicare, shall not be considered\\na family unit or an individual for purposes of this section.\\n (c) \"Specified third-party payor\", for purposes of this section, shall\\nhave the same meaning as set forth in section twenty-eight hundred\\nseven-s of this article.\\n (d) \"Region\", for purposes of this section, shall have the same\\nmeaning as set forth in section twenty-eight hundred seven-s of this\\narticle.\\n 2. Determination of annual regional payment amount. The sum total to\\nbe generated each year for each region shall be referred to as the\\nannual regional payment amount, as determined in accordance with\\nsubdivision six of section twenty-eight hundred seven-s of this article.\\n 3. Election. Any specified third-party payor may make an election to\\nmake payments for the assessments required by this section, on behalf of\\nthe liable persons or entities pursuant to subdivision eight of this\\nsection, directly to the commissioner or the commissioner's designee.\\nThe election pursuant to this subdivision must be in writing, filed with\\nthe commissioner or the commissioner's designee on such forms and in\\nsuch manner as the commissioner shall require. An election by a\\nspecified third-party payor shall take effect for nineteen hundred\\nninety-seven on the next following January first, April first, July\\nfirst, or October first not less than thirty days after the election is\\nfiled. Beginning December first, nineteen hundred ninety-seven, an\\nelection pursuant to this section must be made no later than December\\nfirst of the year prior to the assessment year. However, any specified\\nthird-party payor licensed pursuant to the insurance law or certified\\npursuant to article forty-four of this chapter between December first of\\nthe year prior to the assessment year and December thirty-first of the\\nassessment year may make an election subsequent to such licensure or\\ncertification and during said time period, to take effect on the next\\nfollowing January first, April first, July first or October first not\\nless than thirty days after such election is filed. Specified\\nthird-party payors other than those licensed pursuant to the insurance\\nlaw or certified pursuant to this chapter which have not provided\\ncoverage prior to December first of the year prior to the assessment\\nyear may make an election at any time from December first of the year\\nprior to said assessment year to December thirty-first of said\\nassessment year, to take effect on the next following January first,\\nApril first, July first or October first not less than thirty days after\\nthe election is filed. An election shall remain in effect unless revoked\\nin writing by a specified third-party payor, which revocation shall be\\neffective on the first day of the next calendar year quarter, provided\\nthat such payor has provided notice of its intention to so revoke at\\nleast thirty days prior to the beginning of such calendar quarter.\\n (a) A specified third-party payor filing an election pursuant to this\\nsubdivision must agree: to provide the data and information required by\\nsubdivision four of this section; to provide such certification of data\\nand access to individual and family unit data for audit verification\\npurposes as the commissioner shall require for purposes of this section;\\nand to the jurisdiction of the state to maintain an action in the courts\\nof the state of New York to enforce any provision of this section\\nrelated to payment of the assessments.\\n (b) If a specified third-party payor is acting in an administrative\\nservices capacity on behalf of an organization, such as a self-insured\\nfund, the consent of the organization to the election and the conditions\\npursuant to paragraph (a) of this subdivision must be submitted with the\\nelection. Such consent may be set forth in writing in the agreement\\nbetween the specified third-party payor and the organization.\\n (c) If a specified third-party payor, including a payor operating in\\naccordance with the insurance law or article forty-four of this chapter,\\nmaking an election pursuant to this subdivision is acting in an\\nadministrative services capacity on behalf of an organization or\\norganizations, such specified third-party payor must specify (i) whether\\nsuch election applies to payments on behalf of all such organizations,\\nand (ii) identify any organizations for which such specified third-party\\npayor is acting to which the election does not apply and establish, in\\naccordance with guidelines established by the superintendent of\\nfinancial services, a system through which general hospitals and the\\ncommissioner can identify the status of a patient as a patient for whom\\nthe election does not apply.\\n (d) The commissioner may deny a specified third-party payor the\\nopportunity to make an election pursuant to this subdivision based on\\nrepeated late payments, failure to remit correct amounts, or failure to\\nprovide adequate verification of the accuracy of payments.\\n (e) The commissioner or the commissioner's designee shall make\\navailable to all general hospitals a list of the specified third-party\\npayors which have elected pursuant to this subdivision to remit payments\\npursuant to this section.\\n 4. Assessments shall be calculated as follows: (a) Every specified\\nthird-party payor that has made an election pursuant to this section\\nshall report to the commissioner or the commissioner's designee the\\nnumber of individuals for a period as determined by the commissioner\\nduring the calendar year prior to the assessment year residing within\\neach region (\"individual member months\"). Every such specified\\nthird-party payor shall also report to the commissioner or the\\ncommissioner's designee the number of family units for a period as\\ndetermined by the commissioner during the calendar year prior to the\\nassessment year residing within each region (\"family member months\").\\nFor purposes of this section, the family unit is considered to reside in\\nthe region in which the primary insured resides.\\n (b) The superintendent of financial services shall advise the\\ncommissioner of the average number of persons covered under family\\ninsurance contracts providing health care coverage approved by the\\nsuperintendent for the year two years prior to the assessment year.\\n (c) The commissioner shall calculate the total number of \"individual\\nmember months\" for each region for all specified third-party payors to\\ndetermine \"aggregate individual member months\" for each region.\\n (d) The commissioner shall calculate the total number of \"family\\nmember months\" for each region for all specified third-party payors to\\ndetermine \"aggregate family member months\" for each region. The\\ncommissioner shall multiply the average number of persons covered under\\nfamily insurance contracts, as reported to the commissioner by the\\nsuperintendent of financial services, by the \"aggregate family member\\nmonths\" to determine \"adjusted aggregate family member months\" for each\\nregion. The commissioner shall add the number of \"adjusted aggregate\\nfamily member months\" for each region to the total number of \"aggregate\\nindividual member months\" for each region. This amount shall be known as\\n\"total covered member months\" for each region.\\n (e) The annual regional payment amount for nineteen hundred\\nninety-seven, nineteen hundred ninety-eight, nineteen hundred\\nninety-nine, two thousand and each year thereafter, respectively for\\neach region determined pursuant to subdivision two of this section shall\\nbe divided by an estimate derived from population based data sources of\\nthe total covered member months determined consistent with the\\nprovisions of paragraphs (a), (b), (c) and (d) of this subdivision in\\nthat region to establish the individual annual assessment for nineteen\\nhundred ninety-seven, nineteen hundred ninety-eight, nineteen hundred\\nninety-nine, two thousand and each year thereafter, respectively. The\\nindividual annual assessment shall be multiplied by the average family\\nsize reported to the commissioner by the superintendent of financial\\nservices to establish the family unit annual assessment in that region\\nfor nineteen hundred ninety-seven, nineteen hundred ninety-eight,\\nnineteen hundred ninety-nine, two thousand and each year thereafter,\\nrespectively.\\n (f) Effective January first, two thousand nine, a specified\\nthird-party payor that has made an election pursuant to this section may\\nreport to the commissioner or the commissioner's designee the number of\\nindividuals and family units enrolled as of the last day of each month\\nin fulfillment of the monthly reporting requirement set forth in\\nparagraph (a) of this subdivision. A specified third-party payor\\nchoosing to report monthly enrollment counts on this basis shall\\nindicate its choice at the beginning of a calendar year in a form and\\nmanner specified by the commissioner and such reporting method shall\\nremain in effect the entire calendar year.\\n 5. Monthly payments. (a) Within thirty days after the end of each\\nmonth, a specified third-party payor which made an election pursuant to\\nthis section shall remit to the commissioner or the commissioner's\\ndesignee one-twelfth of the individual annual assessment for each of the\\nindividuals residing in this state which were included on the membership\\nrolls of that specified third-party payor during all or any portion of\\nthe prior month. Within thirty days after the end of each month, a\\nspecified third-party payor which made an election pursuant to this\\nsection shall also remit to the commissioner or the commissioner's\\ndesignee one-twelfth of the family unit annual assessment for each\\nfamily unit for which the primary insured resided in this state which\\nwere included on the membership rolls of that specified third-party\\npayor during all or any portion of the prior month. Provided, however,\\nfor assessment obligations arising out of individual and family\\nassessments established pursuant to this section on or after January\\nfirst, two thousand, the commissioner may permit certain specified\\nthird-party payors which have at least one full year of pool payment\\nexperience to submit such payments on an annual basis, based on an\\nannual demonstration by a payor through its prior year's pool payment\\nexperience that total pool obligations under this section and sections\\ntwenty-eight hundred seven-j and twenty-eight hundred seven-s of this\\narticle are not expected to exceed ten thousand dollars in the current\\npool year. If a specified third-party payor fails to make such payments\\nwithin sixty days of notification of a delinquency, the commissioner may\\nassess a civil penalty of up to ten thousand dollars for each failure,\\nprovided, however, that such civil penalty shall not be imposed if the\\npayor demonstrates good cause for such failure to timely make such\\npayments, and further provided that the amount of such penalty shall not\\nexceed the amount of the delinquent liability.\\n (b) The specified third party-payor shall be entitled to rely on the\\nresidence location information provided to the payor by an employer,\\ngroup or other party providing enrollment information to the specified\\nthird-party payor, provided the specified third-party payor has no\\nreason to doubt the accuracy of the information.\\n (c) Specified third-party payors shall not be responsible for\\nremitting the monthly assessment for any individual or for any family\\nunit for any month in which it is subsequently determined that the\\nspecified third-party payor had no liability to provide coverage for\\ninpatient hospital services for such individual or family unit.\\n 6. Prospective adjustments. (a) The commissioner shall annually\\nreconcile the sum of the actual payments made to the commissioner or the\\ncommissioner's designee for each region pursuant to section twenty-eight\\nhundred seven-s of this article and pursuant to this section for the\\nprior year with the regional allocation of the gross annual statewide\\namount specified in subdivision six of section twenty-eight hundred\\nseven-s of this article for such prior year. The difference between the\\nactual amount raised for a region and the regional allocation of the\\nspecified gross annual amount for such prior year shall be applied as a\\nprospective adjustment to the regional allocation of the specified gross\\nannual payment amount for such region for the year next following the\\ncalculation of the reconciliation. The authorized dollar value of the\\nadjustments shall be the same as if calculated retrospectively.\\n (b) Notwithstanding the provisions of paragraph (a) of this\\nsubdivision, for covered lives assessment rate periods on and after\\nJanuary first, two thousand fifteen through December thirty-first, two\\nthousand twenty, for amounts collected in the aggregate in excess of one\\nbillion forty-five million dollars on an annual basis, prospective\\nadjustments shall be suspended if the annual reconciliation calculation\\nfrom the prior year would otherwise result in a decrease to the regional\\nallocation of the specified gross annual payment amount for that region,\\nprovided, however, that such suspension shall be lifted upon a\\ndetermination by the commissioner, in consultation with the director of\\nthe budget, that sixty-five million dollars in aggregate collections on\\nan annual basis over and above one billion forty-five million dollars on\\nan annual basis have been reserved and set aside for deposit in the HCRA\\nresources fund. Any amounts collected in the aggregate at or below one\\nbillion forty-five million dollars on an annual basis, shall be subject\\nto regional adjustments reconciling any decreases or increases to the\\nregional allocation in accordance with paragraph (a) of this\\nsubdivision.\\n 7. (a) In the case two or more specified third-party payors covering a\\nsingle contract holder where both specified third-party payors cover\\nseparate components of the inpatient care benefits otherwise subject to\\nthe assessment, the assessment shall be apportioned between the\\ninsurers.\\n (b) With regard to assessment obligations arising out of individual\\nand family assessments established pursuant to this section, where a\\nsingle contract holder has separate components of the inpatient care\\nbenefits otherwise subject to the assessment covered by two or more\\nentities, the assessment may be apportioned between the entities,\\nprovided that:\\n (i) Apportionment agreements or arrangements may only be entered into\\nbetween or among specified third-party payers which have elected to make\\ndirect payments to the commissioner or the commissioner's designee\\npursuant to this subdivision; and\\n (ii) The aggregate of apportioned covered lives assessment payments\\nmust result in the payment of one hundred percent of the applicable\\ncovered lives assessment; and\\n (iii) Apportionment agreements between or among apportioning payers\\nand any modifications, amendments or termination of such agreements must\\nbe in writing and signed by all such payers, provided, however, that\\nwhere one apportioning payor agrees to pay one hundred percent of the\\napplicable covered lives assessment, no written agreement shall be\\nrequired, provided there is other written evidence of the arrangement\\nand any modifications, amendments and/or terminations thereof, emanating\\nfrom the apportioning payor paying one hundred percent of the applicable\\ncovered lives assessment to the other apportioning payor or payors or to\\nthe particular group to which the arrangement relates, and further\\nprovided that such written evidence contains the name of the particular\\ngroup to which the arrangement relates; and\\n (iv) Copies of apportionment agreements, and any modifications,\\namendments and/or terminations thereof, and written evidence of\\narrangements by which one apportioning payor agrees to pay one hundred\\npercent of the applicable covered lives assessment, and any\\nmodifications, amendments and/or terminations thereof, must be\\nmaintained in the files of each apportioning payor while the\\napportionment is in effect and for a period of not less than six years\\nafter termination thereof and shall be made available to the department\\nupon request for audit verification purposes.\\n 8. Liability for assessments. (a) The assessments determined in\\naccordance with this section shall, for individuals who have paid\\npremiums directly to an insurer or to a health maintenance organization\\ncertified pursuant to article forty-four of this chapter or article\\nforty-three of the insurance law for health care coverage which includes\\ncoverage of inpatient hospital services, be the liability of said\\nindividuals. The assessments determined in accordance with this section\\nshall, for groups and entities who have paid premiums to an insurer or\\nto a health maintenance organization certified pursuant to article\\nforty-four of this chapter or article forty-three of the insurance law\\nfor health care coverage which includes coverage of inpatient hospital\\nservices, be the liability of said groups and entities. The assessments\\ndetermined in accordance with this section shall, for individuals,\\ngroups and entities who have contributed to a self-insured fund for\\nhealth care coverage which includes coverage of inpatient hospital\\nservices, be the liability of said individuals, groups or entities.\\n (b) Specified third-party payors shall make payments to the\\ncommissioner or the commissioner's designee of the full amount of the\\nassessments determined in accordance with this section. Specified\\nthird-party payors may recover amounts due or paid to the commissioner\\nor the commissioner's designee from the parties liable in accordance\\nwith paragraph (a) of this subdivision.\\n 9. A specified third-party payor must either:\\n (a) jointly elect to pay the assessment pursuant to this section and\\nthe allowance pursuant to paragraph (c) of subdivision two and\\nsubdivision five of section twenty-eight hundred seven-j of this\\narticle; or\\n (b) pay the surcharge for an allowance determined in accordance with\\nparagraph (b) of subdivision two of section twenty-eight hundred seven-j\\nof this article, including the allowance determined in accordance with\\nsection twenty-eight hundred seven-s of this article.\\n 10. (a) Payments and reports submitted or required to be submitted to\\nthe commissioner or to the commissioner's designee pursuant to this\\nsection by specified third-party payors shall be subject to audit by the\\ncommissioner for a period of six years following the close of the\\ncalendar year in which such payments and reports are due, after which\\nsuch payments shall be deemed final and not subject to further\\nadjustment or reconciliation, including through offset adjustments or\\nreconciliations made by such specified third-party payors with regard to\\nsubsequent payments, provided, however, that nothing herein shall be\\nconstrued as precluding the commissioner from pursuing collection of any\\nsuch payments which are identified as delinquent within such six year\\nperiod, or which are identified as delinquent as a result of an audit\\ncommenced within such six year period, or from conducting an audit of\\nany adjustments and reconciliation made by a specified third party payor\\nwithin such six year period, or from conducting an audit of payments\\nmade prior to such six year period which are found to be commingled with\\npayments which are otherwise subject to timely audit pursuant to this\\nsection.\\n (b) Specified third-party payors which, in the course of an audit\\npursuant to this section fail to produce data or documentation requested\\nin furtherance of such an audit, within thirty days of such request, may\\nbe assessed a civil penalty of up to ten thousand dollars for each such\\nfailure, provided, however, that such civil penalty shall not be imposed\\nif such specified third-party payor demonstrates good cause for such\\nfailure. The imposition of civil penalties pursuant to this section\\nshall be subject to the provisions of section twelve-a of this chapter.\\n (c) Records required to be retained for audit verification purposes by\\nspecified third-party payors in accordance with this section shall\\ninclude, but not be limited to, on a monthly basis, the source records\\ngenerated by supporting information systems, financial accounting\\nrecords, relevant correspondence and the addresses and dates of coverage\\nfor all individuals and family units, as defined by paragraphs (a) and\\n(b) of subdivision one of this section, and such other records as may be\\nrequired to prove compliance with, and to support reports submitted in\\naccordance with, this section.\\n (d) If a specified third-party payor fails to produce data or\\ndocumentation requested in furtherance of an audit pursuant to this\\nsection for a month to which an assessment applies, the commissioner may\\nestimate, based on available financial and statistical data as\\ndetermined by the commissioner, the amount due for such month. If the\\nimpact of the enrollment exemptions permitted pursuant to this section\\ncannot be determined from such available financial and statistical data,\\nthe estimated amount due may be calculated on the basis of aggregate\\ndata derived from such available data for the year subject to audit. The\\ncommissioner shall take all necessary steps to collect amounts due as\\ndetermined pursuant to this paragraph, including directing the state\\ncomptroller to offset such amounts due from any payments made by the\\nstate to the third party payor pursuant to this article. Interest and\\npenalties shall be applied to such amounts due in accordance with the\\nprovisions of subdivision eight of section twenty-eight hundred seven-j\\nof this article.\\n (e) The commissioner may, as part of a final resolution of an audit\\nconducted pursuant to this subdivision, waive payment of interest and\\npenalties otherwise applicable pursuant to subdivision eight of section\\ntwenty-eight hundred seven-j of this article, when amounts due as a\\nresult of such audit, other than such waived penalties and interest, are\\npaid in full to the commissioner or the commissioner's designee within\\nsixty days of the issuance of a final audit report that is mutually\\nagreed to by the commissioner and auditee, provided, however, that if\\nsuch final audit report is not so mutually agreed upon, then neither the\\ncommissioner nor the auditee shall have any obligations pursuant to this\\nparagraph.\\n (f) The commissioner may enter into agreements with specified\\nthird-party payors in regard to which audit findings or prior\\nsettlements have been made pursuant to this section, extending and\\napplying such audit findings or prior settlements, or a portion thereof,\\nin settlement and satisfaction of potential audit liabilities for\\nsubsequent un-audited periods. The commissioner may reduce or waive\\npayment of interest and penalties otherwise applicable to such\\nsubsequent unaudited periods when such amounts due as a result of such\\nagreement, other than reduced or waived interest and penalties, are paid\\nin full to the commissioner or the commissioner's designee within sixty\\ndays of execution of such agreement by all parties to the agreement. Any\\npayments made pursuant to agreements entered into in accordance with\\nthis paragraph shall be deemed to be in full satisfaction of any\\nliability arising under this section, as referenced in such agreements\\nand for the time periods covered by such agreements, provided, however,\\nthat the commissioner may audit future retroactive adjustments to\\npayments made for such periods based on reports filed by payors\\nsubsequent to such agreements.\\n * NB Expires December 31, 2020\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2807-U", "title" : "Transfers for tax credits", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2807-U", "activeDate" : "2014-09-22", "sequenceNo" : 1069, "repealedDate" : null, "fromSection" : "2807-U", "toSection" : "2807-U", "text" : " § 2807-u. Transfers for tax credits. Upon receipt of the report from\\nthe commissioner of taxation and finance required pursuant to\\nsubdivision (i) of section fifteen hundred eleven of the tax law and the\\nreport from the superintendent of financial services required pursuant\\nto section one thousand one hundred twelve-a of the insurance law, the\\ndirector of the budget shall forward such reports to the commissioner of\\nhealth. Within ten days of receipt of such reports, the commissioner of\\nhealth or the commissioner of health's designee, from funds allocated\\nfor distribution in accordance with paragraphs (a) and (c) of\\nsubdivision seven of section twenty-eight hundred seven-s of this\\narticle, shall pay over to the state comptroller for deposit into the\\nstate's general fund the amounts specified therein as representing (1)\\nthe amount of credits claimed under subdivision (i) of section fifteen\\nhundred eleven of the tax law and (2) the amount by which taxes due and\\nowing pursuant to section one thousand one hundred twelve of the\\ninsurance law were reduced because the amounts imposed and required to\\nbe paid pursuant to section twenty-eight hundred seven-t of this article\\nwere allowed as credits in assessing the taxes imposed by such section\\none thousand one hundred twelve.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2807-V", "title" : "Tobacco control and insurance initiatives pool distributions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-04-24", "2016-04-08", "2017-04-28", "2018-04-20", "2019-04-19", "2020-04-17", "2021-04-23", "2022-04-22", "2023-05-12", "2023-05-19", "2023-06-23", "2024-05-03", "2025-05-16", "2026-05-29", "2026-06-05" ], "docLevelId" : "2807-V", "activeDate" : "2019-04-19", "sequenceNo" : 1070, "repealedDate" : null, "fromSection" : "2807-V", "toSection" : "2807-V", "text" : " § 2807-v. Tobacco control and insurance initiatives pool\\ndistributions. 1. Funds accumulated in the tobacco control and\\ninsurance initiatives pool or in the health care reform act (HCRA)\\nresources fund established pursuant to section ninety-two-dd of the\\nstate finance law, whichever is applicable, including income from\\ninvested funds, shall be distributed or retained by the commissioner or\\nby the state comptroller, as applicable, in accordance with the\\nfollowing:\\n (a) Funds shall be deposited by the commissioner, within amounts\\nappropriated, and the state comptroller is hereby authorized and\\ndirected to receive for deposit to the credit of the state special\\nrevenue funds - other, HCRA transfer fund, medicaid fraud hotline and\\nmedicaid administration account, or any successor fund or account, for\\npurposes of services and expenses related to the toll-free medicaid\\nfraud hotline established pursuant to section one hundred eight of\\nchapter one of the laws of nineteen hundred ninety-nine from the tobacco\\ncontrol and insurance initiatives pool established for the following\\nperiods in the following amounts: four hundred thousand dollars annually\\nfor the periods January first, two thousand through December\\nthirty-first, two thousand two, up to four hundred thousand dollars for\\nthe period January first, two thousand three through December\\nthirty-first, two thousand three, up to four hundred thousand dollars\\nfor the period January first, two thousand four through December\\nthirty-first, two thousand four, up to four hundred thousand dollars for\\nthe period January first, two thousand five through December\\nthirty-first, two thousand five, up to four hundred thousand dollars for\\nthe period January first, two thousand six through December\\nthirty-first, two thousand six, up to four hundred thousand dollars for\\nthe period January first, two thousand seven through December\\nthirty-first, two thousand seven, up to four hundred thousand dollars\\nfor the period January first, two thousand eight through December\\nthirty-first, two thousand eight, up to four hundred thousand dollars\\nfor the period January first, two thousand nine through December\\nthirty-first, two thousand nine, up to four hundred thousand dollars for\\nthe period January first, two thousand ten through December\\nthirty-first, two thousand ten, up to one hundred thousand dollars for\\nthe period January first, two thousand eleven through March\\nthirty-first, two thousand eleven and within amounts appropriated on and\\nafter April first, two thousand eleven.\\n (b) Funds shall be reserved and accumulated from year to year and\\nshall be available, including income from invested funds, for purposes\\nof payment of audits or audit contracts necessary to determine payor and\\nprovider compliance with requirements set forth in sections twenty-eight\\nhundred seven-j, twenty-eight hundred seven-s and twenty-eight hundred\\nseven-t of this article from the tobacco control and insurance\\ninitiatives pool established for the following periods in the following\\namounts: five million six hundred thousand dollars annually for the\\nperiods January first, two thousand through December thirty-first, two\\nthousand two, up to five million dollars for the period January first,\\ntwo thousand three through December thirty-first, two thousand three, up\\nto five million dollars for the period January first, two thousand four\\nthrough December thirty-first, two thousand four, up to five million\\ndollars for the period January first, two thousand five through December\\nthirty first, two thousand five, up to five million dollars for the\\nperiod January first, two thousand six through December thirty-first,\\ntwo thousand six, up to seven million eight hundred thousand dollars for\\nthe period January first, two thousand seven through December\\nthirty-first, two thousand seven, and up to eight million three hundred\\ntwenty-five thousand dollars for the period January first, two thousand\\neight through December thirty-first, two thousand eight, up to eight\\nmillion five hundred thousand dollars for the period January first, two\\nthousand nine through December thirty-first, two thousand nine, up to\\neight million five hundred thousand dollars for the period January\\nfirst, two thousand ten through December thirty-first, two thousand ten,\\nup to two million one hundred twenty-five thousand dollars for the\\nperiod January first, two thousand eleven through March thirty-first,\\ntwo thousand eleven, up to fourteen million seven hundred thousand\\ndollars each state fiscal year for the period April first, two thousand\\neleven through March thirty-first, two thousand fourteen, up to eleven\\nmillion one hundred thousand dollars each state fiscal year for the\\nperiod April first, two thousand fourteen through March thirty-first,\\ntwo thousand seventeen, and up to eleven million one hundred thousand\\ndollars each state fiscal year for the period April first, two thousand\\nseventeen through March thirty-first, two thousand twenty.\\n (c) Funds shall be deposited by the commissioner, within amounts\\nappropriated, and the state comptroller is hereby authorized and\\ndirected to receive for deposit to the credit of the state special\\nrevenue funds - other, HCRA transfer fund, enhanced community services\\naccount, or any successor fund or account, for mental health services\\nprograms for case management services for adults and children; supported\\nhousing; home and community based waiver services; family based\\ntreatment; family support services; mobile mental health teams;\\ntransitional housing; and community oversight, established pursuant to\\narticles seven and forty-one of the mental hygiene law and subdivision\\nnine of section three hundred sixty-six of the social services law; and\\nfor comprehensive care centers for eating disorders pursuant to the\\nformer section twenty-seven hundred ninety-nine-l of this chapter,\\nprovided however that, for such centers, funds in the amount of five\\nhundred thousand dollars on an annualized basis shall be transferred\\nfrom the enhanced community services account, or any successor fund or\\naccount, and deposited into the fund established by section\\nninety-five-e of the state finance law; from the tobacco control and\\ninsurance initiatives pool established for the following periods in the\\nfollowing amounts:\\n (i) forty-eight million dollars to be reserved, to be retained or for\\ndistribution pursuant to a chapter of the laws of two thousand, for the\\nperiod January first, two thousand through December thirty-first, two\\nthousand;\\n (ii) eighty-seven million dollars to be reserved, to be retained or\\nfor distribution pursuant to a chapter of the laws of two thousand one,\\nfor the period January first, two thousand one through December\\nthirty-first, two thousand one;\\n (iii) eighty-seven million dollars to be reserved, to be retained or\\nfor distribution pursuant to a chapter of the laws of two thousand two,\\nfor the period January first, two thousand two through December\\nthirty-first, two thousand two;\\n (iv) eighty-eight million dollars to be reserved, to be retained or\\nfor distribution pursuant to a chapter of the laws of two thousand\\nthree, for the period January first, two thousand three through December\\nthirty-first, two thousand three;\\n (v) eighty-eight million dollars, plus five hundred thousand dollars,\\nto be reserved, to be retained or for distribution pursuant to a chapter\\nof the laws of two thousand four, and pursuant to the former section\\ntwenty-seven hundred ninety-nine-l of this chapter, for the period\\nJanuary first, two thousand four through December thirty-first, two\\nthousand four;\\n (vi) eighty-eight million dollars, plus five hundred thousand dollars,\\nto be reserved, to be retained or for distribution pursuant to a chapter\\nof the laws of two thousand five, and pursuant to the former section\\ntwenty-seven hundred ninety-nine-l of this chapter, for the period\\nJanuary first, two thousand five through December thirty-first, two\\nthousand five;\\n (vii) eighty-eight million dollars, plus five hundred thousand\\ndollars, to be reserved, to be retained or for distribution pursuant to\\na chapter of the laws of two thousand six, and pursuant to former\\nsection twenty-seven hundred ninety-nine-l of this chapter, for the\\nperiod January first, two thousand six through December thirty-first,\\ntwo thousand six;\\n (viii) eighty-six million four hundred thousand dollars, plus five\\nhundred thousand dollars, to be reserved, to be retained or for\\ndistribution pursuant to a chapter of the laws of two thousand seven and\\npursuant to the former section twenty-seven hundred ninety-nine-l of\\nthis chapter, for the period January first, two thousand seven through\\nDecember thirty-first, two thousand seven; and\\n (ix) twenty-two million nine hundred thirteen thousand dollars, plus\\none hundred twenty-five thousand dollars, to be reserved, to be retained\\nor for distribution pursuant to a chapter of the laws of two thousand\\neight and pursuant to the former section twenty-seven hundred\\nninety-nine-l of this chapter, for the period January first, two\\nthousand eight through March thirty-first, two thousand eight.\\n (d) Funds shall be deposited by the commissioner, within amounts\\nappropriated, and the state comptroller is hereby authorized and\\ndirected to receive for deposit to the credit of the state special\\nrevenue funds - other, HCRA transfer fund, medical assistance account,\\nor any successor fund or account, for purposes of funding the state\\nshare of services and expenses related to the family health plus program\\nincluding up to two and one-half million dollars annually for the period\\nJanuary first, two thousand through December thirty-first, two thousand\\ntwo, for administration and marketing costs associated with such program\\nestablished pursuant to clause (A) of subparagraph (v) of paragraph (a)\\nof subdivision two of section three hundred sixty-nine-ee of the social\\nservices law from the tobacco control and insurance initiatives pool\\nestablished for the following periods in the following amounts:\\n (i) three million five hundred thousand dollars for the period January\\nfirst, two thousand through December thirty-first, two thousand;\\n (ii) twenty-seven million dollars for the period January first, two\\nthousand one through December thirty-first, two thousand one; and\\n (iii) fifty-seven million dollars for the period January first, two\\nthousand two through December thirty-first, two thousand two.\\n (e) Funds shall be deposited by the commissioner, within amounts\\nappropriated, and the state comptroller is hereby authorized and\\ndirected to receive for deposit to the credit of the state special\\nrevenue funds - other, HCRA transfer fund, medical assistance account,\\nor any successor fund or account, for purposes of funding the state\\nshare of services and expenses related to the family health plus program\\nincluding up to two and one-half million dollars annually for the period\\nJanuary first, two thousand through December thirty-first, two thousand\\ntwo for administration and marketing costs associated with such program\\nestablished pursuant to clause (B) of subparagraph (v) of paragraph (a)\\nof subdivision two of section three hundred sixty-nine-ee of the social\\nservices law from the tobacco control and insurance initiatives pool\\nestablished for the following periods in the following amounts:\\n (i) two million five hundred thousand dollars for the period January\\nfirst, two thousand through December thirty-first, two thousand;\\n (ii) thirty million five hundred thousand dollars for the period\\nJanuary first, two thousand one through December thirty-first, two\\nthousand one; and\\n (iii) sixty-six million dollars for the period January first, two\\nthousand two through December thirty-first, two thousand two.\\n (f) Funds shall be deposited by the commissioner, within amounts\\nappropriated, and the state comptroller is hereby authorized and\\ndirected to receive for deposit to the credit of the state special\\nrevenue funds - other, HCRA transfer fund, medicaid fraud hotline and\\nmedicaid administration account, or any successor fund or account, for\\npurposes of payment of administrative expenses of the department related\\nto the family health plus program established pursuant to section three\\nhundred sixty-nine-ee of the social services law from the tobacco\\ncontrol and insurance initiatives pool established for the following\\nperiods in the following amounts: five hundred thousand dollars on an\\nannual basis for the periods January first, two thousand through\\nDecember thirty-first, two thousand six, five hundred thousand dollars\\nfor the period January first, two thousand seven through December\\nthirty-first, two thousand seven, and five hundred thousand dollars for\\nthe period January first, two thousand eight through December\\nthirty-first, two thousand eight, five hundred thousand dollars for the\\nperiod January first, two thousand nine through December thirty-first,\\ntwo thousand nine, five hundred thousand dollars for the period January\\nfirst, two thousand ten through December thirty-first, two thousand ten,\\none hundred twenty-five thousand dollars for the period January first,\\ntwo thousand eleven through March thirty-first, two thousand eleven and\\nwithin amounts appropriated on and after April first, two thousand\\neleven.\\n (g) Funds shall be reserved and accumulated from year to year and\\nshall be available, including income from invested funds, for purposes\\nof services and expenses related to the health maintenance organization\\ndirect pay market program established pursuant to sections forty-three\\nhundred twenty-one-a and forty-three hundred twenty-two-a of the\\ninsurance law from the tobacco control and insurance initiatives pool\\nestablished for the following periods in the following amounts:\\n (i) up to thirty-five million dollars for the period January first,\\ntwo thousand through December thirty-first, two thousand of which fifty\\npercentum shall be allocated to the program pursuant to section four\\nthousand three hundred twenty-one-a of the insurance law and fifty\\npercentum to the program pursuant to section four thousand three hundred\\ntwenty-two-a of the insurance law;\\n (ii) up to thirty-six million dollars for the period January first,\\ntwo thousand one through December thirty-first, two thousand one of\\nwhich fifty percentum shall be allocated to the program pursuant to\\nsection four thousand three hundred twenty-one-a of the insurance law\\nand fifty percentum to the program pursuant to section four thousand\\nthree hundred twenty-two-a of the insurance law;\\n (iii) up to thirty-nine million dollars for the period January first,\\ntwo thousand two through December thirty-first, two thousand two of\\nwhich fifty percentum shall be allocated to the program pursuant to\\nsection four thousand three hundred twenty-one-a of the insurance law\\nand fifty percentum to the program pursuant to section four thousand\\nthree hundred twenty-two-a of the insurance law;\\n (iv) up to forty million dollars for the period January first, two\\nthousand three through December thirty-first, two thousand three of\\nwhich fifty percentum shall be allocated to the program pursuant to\\nsection four thousand three hundred twenty-one-a of the insurance law\\nand fifty percentum to the program pursuant to section four thousand\\nthree hundred twenty-two-a of the insurance law;\\n (v) up to forty million dollars for the period January first, two\\nthousand four through December thirty-first, two thousand four of which\\nfifty percentum shall be allocated to the program pursuant to section\\nfour thousand three hundred twenty-one-a of the insurance law and fifty\\npercentum to the program pursuant to section four thousand three hundred\\ntwenty-two-a of the insurance law;\\n (vi) up to forty million dollars for the period January first, two\\nthousand five through December thirty-first, two thousand five of which\\nfifty percentum shall be allocated to the program pursuant to section\\nfour thousand three hundred twenty-one-a of the insurance law and fifty\\npercentum to the program pursuant to section four thousand three hundred\\ntwenty-two-a of the insurance law;\\n (vii) up to forty million dollars for the period January first, two\\nthousand six through December thirty-first, two thousand six of which\\nfifty percentum shall be allocated to the program pursuant to section\\nfour thousand three hundred twenty-one-a of the insurance law and fifty\\npercentum shall be allocated to the program pursuant to section four\\nthousand three hundred twenty-two-a of the insurance law;\\n (viii) up to forty million dollars for the period January first, two\\nthousand seven through December thirty-first, two thousand seven of\\nwhich fifty percentum shall be allocated to the program pursuant to\\nsection four thousand three hundred twenty-one-a of the insurance law\\nand fifty percentum shall be allocated to the program pursuant to\\nsection four thousand three hundred twenty-two-a of the insurance law;\\nand\\n (ix) up to forty million dollars for the period January first, two\\nthousand eight through December thirty-first, two thousand eight of\\nwhich fifty per centum shall be allocated to the program pursuant to\\nsection four thousand three hundred twenty-one-a of the insurance law\\nand fifty per centum shall be allocated to the program pursuant to\\nsection four thousand three hundred twenty-two-a of the insurance law.\\n (h) Funds shall be reserved and accumulated from year to year and\\nshall be available, including income from invested funds, for purposes\\nof services and expenses related to the healthy New York individual\\nprogram established pursuant to sections four thousand three hundred\\ntwenty-six and four thousand three hundred twenty-seven of the insurance\\nlaw from the tobacco control and insurance initiatives pool established\\nfor the following periods in the following amounts:\\n (i) up to six million dollars for the period January first, two\\nthousand one through December thirty-first, two thousand one;\\n (ii) up to twenty-nine million dollars for the period January first,\\ntwo thousand two through December thirty-first, two thousand two;\\n (iii) up to five million one hundred thousand dollars for the period\\nJanuary first, two thousand three through December thirty-first, two\\nthousand three;\\n (iv) up to twenty-four million six hundred thousand dollars for the\\nperiod January first, two thousand four through December thirty-first,\\ntwo thousand four;\\n (v) up to thirty-four million six hundred thousand dollars for the\\nperiod January first, two thousand five through December thirty-first,\\ntwo thousand five;\\n (vi) up to fifty-four million eight hundred thousand dollars for the\\nperiod January first, two thousand six through December thirty-first,\\ntwo thousand six;\\n (vii) up to sixty-one million seven hundred thousand dollars for the\\nperiod January first, two thousand seven through December thirty-first,\\ntwo thousand seven; and\\n (viii) up to one hundred three million seven hundred fifty thousand\\ndollars for the period January first, two thousand eight through\\nDecember thirty-first, two thousand eight.\\n (i) Funds shall be reserved and accumulated from year to year and\\nshall be available, including income from invested funds, for purposes\\nof services and expenses related to the healthy New York group program\\nestablished pursuant to sections four thousand three hundred twenty-six\\nand four thousand three hundred twenty-seven of the insurance law from\\nthe tobacco control and insurance initiatives pool established for the\\nfollowing periods in the following amounts:\\n (i) up to thirty-four million dollars for the period January first,\\ntwo thousand one through December thirty-first, two thousand one;\\n (ii) up to seventy-seven million dollars for the period January first,\\ntwo thousand two through December thirty-first, two thousand two;\\n (iii) up to ten million five hundred thousand dollars for the period\\nJanuary first, two thousand three through December thirty-first, two\\nthousand three;\\n (iv) up to twenty-four million six hundred thousand dollars for the\\nperiod January first, two thousand four through December thirty-first,\\ntwo thousand four;\\n (v) up to thirty-four million six hundred thousand dollars for the\\nperiod January first, two thousand five through December thirty-first,\\ntwo thousand five;\\n (vi) up to fifty-four million eight hundred thousand dollars for the\\nperiod January first, two thousand six through December thirty-first,\\ntwo thousand six;\\n (vii) up to sixty-one million seven hundred thousand dollars for the\\nperiod January first, two thousand seven through December thirty-first,\\ntwo thousand seven; and\\n (viii) up to one hundred three million seven hundred fifty thousand\\ndollars for the period January first, two thousand eight through\\nDecember thirty-first, two thousand eight.\\n * (i-1) Notwithstanding the provisions of paragraphs (h) and (i) of\\nthis subdivision, the commissioner shall reserve and accumulate up to\\ntwo million five hundred thousand dollars annually for the periods\\nJanuary first, two thousand four through December thirty-first, two\\nthousand six, one million four hundred thousand dollars for the period\\nJanuary first, two thousand seven through December thirty-first, two\\nthousand seven, two million dollars for the period January first, two\\nthousand eight through December thirty-first, two thousand eight, from\\nfunds otherwise available for distribution under such paragraphs for the\\nservices and expenses related to the pilot program for entertainment\\nindustry employees included in subsection (b) of section one thousand\\none hundred twenty-two of the insurance law, and an additional seven\\nhundred thousand dollars annually for the periods January first, two\\nthousand four through December thirty-first, two thousand six, an\\nadditional three hundred thousand dollars for the period January first,\\ntwo thousand seven through June thirtieth, two thousand seven for\\nservices and expenses related to the pilot program for displaced workers\\nincluded in subsection (c) of section one thousand one hundred\\ntwenty-two of the insurance law.\\n * NB Repealed July 1, 2020\\n (j) Funds shall be reserved and accumulated from year to year and\\nshall be available, including income from invested funds, for purposes\\nof services and expenses related to the tobacco use prevention and\\ncontrol program established pursuant to sections thirteen hundred\\nninety-nine-ii and thirteen hundred ninety-nine-jj of this chapter, from\\nthe tobacco control and insurance initiatives pool established for the\\nfollowing periods in the following amounts:\\n (i) up to thirty million dollars for the period January first, two\\nthousand through December thirty-first, two thousand;\\n (ii) up to forty million dollars for the period January first, two\\nthousand one through December thirty-first, two thousand one;\\n (iii) up to forty million dollars for the period January first, two\\nthousand two through December thirty-first, two thousand two;\\n (iv) up to thirty-six million nine hundred fifty thousand dollars for\\nthe period January first, two thousand three through December\\nthirty-first, two thousand three;\\n (v) up to thirty-six million nine hundred fifty thousand dollars for\\nthe period January first, two thousand four through December\\nthirty-first, two thousand four;\\n (vi) up to forty million six hundred thousand dollars for the period\\nJanuary first, two thousand five through December thirty-first, two\\nthousand five;\\n (vii) up to eighty-one million nine hundred thousand dollars for the\\nperiod January first, two thousand six through December thirty-first,\\ntwo thousand six, provided, however, that within amounts appropriated, a\\nportion of such funds may be transferred to the Roswell Park Cancer\\nInstitute Corporation to support costs associated with cancer research;\\n (viii) up to ninety-four million one hundred fifty thousand dollars\\nfor the period January first, two thousand seven through December\\nthirty-first, two thousand seven, provided, however, that within amounts\\nappropriated, a portion of such funds may be transferred to the Roswell\\nPark Cancer Institute Corporation to support costs associated with\\ncancer research;\\n (ix) up to ninety-four million one hundred fifty thousand dollars for\\nthe period January first, two thousand eight through December\\nthirty-first, two thousand eight;\\n (x) up to ninety-four million one hundred fifty thousand dollars for\\nthe period January first, two thousand nine through December\\nthirty-first, two thousand nine;\\n (xi) up to eighty-seven million seven hundred seventy-five thousand\\ndollars for the period January first, two thousand ten through December\\nthirty-first, two thousand ten;\\n (xii) up to twenty-one million four hundred twelve thousand dollars\\nfor the period January first, two thousand eleven through March\\nthirty-first, two thousand eleven;\\n (xiii) up to fifty-two million one hundred thousand dollars each state\\nfiscal year for the period April first, two thousand eleven through\\nMarch thirty-first, two thousand fourteen;\\n (xiv) up to six million dollars each state fiscal year for the period\\nApril first, two thousand fourteen through March thirty-first, two\\nthousand seventeen; and\\n (xv) up to six million dollars each state fiscal year for the period\\nApril first, two thousand seventeen through March thirty-first, two\\nthousand twenty.\\n (k) Funds shall be deposited by the commissioner, within amounts\\nappropriated, and the state comptroller is hereby authorized and\\ndirected to receive for deposit to the credit of the state special\\nrevenue fund - other, HCRA transfer fund, health care services account,\\nor any successor fund or account, for purposes of services and expenses\\nrelated to public health programs, including comprehensive care centers\\nfor eating disorders pursuant to the former section twenty-seven hundred\\nninety-nine-l of this chapter, provided however that, for such centers,\\nfunds in the amount of five hundred thousand dollars on an annualized\\nbasis shall be transferred from the health care services account, or any\\nsuccessor fund or account, and deposited into the fund established by\\nsection ninety-five-e of the state finance law for periods prior to\\nMarch thirty-first, two thousand eleven, from the tobacco control and\\ninsurance initiatives pool established for the following periods in the\\nfollowing amounts:\\n (i) up to thirty-one million dollars for the period January first, two\\nthousand through December thirty-first, two thousand;\\n (ii) up to forty-one million dollars for the period January first, two\\nthousand one through December thirty-first, two thousand one;\\n (iii) up to eighty-one million dollars for the period January first,\\ntwo thousand two through December thirty-first, two thousand two;\\n (iv) one hundred twenty-two million five hundred thousand dollars for\\nthe period January first, two thousand three through December\\nthirty-first, two thousand three;\\n (v) one hundred eight million five hundred seventy-five thousand\\ndollars, plus an additional five hundred thousand dollars, for the\\nperiod January first, two thousand four through December thirty-first,\\ntwo thousand four;\\n (vi) ninety-one million eight hundred thousand dollars, plus an\\nadditional five hundred thousand dollars, for the period January first,\\ntwo thousand five through December thirty-first, two thousand five;\\n (vii) one hundred fifty-six million six hundred thousand dollars, plus\\nan additional five hundred thousand dollars, for the period January\\nfirst, two thousand six through December thirty-first, two thousand six;\\n (viii) one hundred fifty-one million four hundred thousand dollars,\\nplus an additional five hundred thousand dollars, for the period January\\nfirst, two thousand seven through December thirty-first, two thousand\\nseven;\\n (ix) one hundred sixteen million nine hundred forty-nine thousand\\ndollars, plus an additional five hundred thousand dollars, for the\\nperiod January first, two thousand eight through December thirty-first,\\ntwo thousand eight;\\n (x) one hundred sixteen million nine hundred forty-nine thousand\\ndollars, plus an additional five hundred thousand dollars, for the\\nperiod January first, two thousand nine through December thirty-first,\\ntwo thousand nine;\\n (xi) one hundred sixteen million nine hundred forty-nine thousand\\ndollars, plus an additional five hundred thousand dollars, for the\\nperiod January first, two thousand ten through December thirty-first,\\ntwo thousand ten;\\n (xii) twenty-nine million two hundred thirty-seven thousand two\\nhundred fifty dollars, plus an additional one hundred twenty-five\\nthousand dollars, for the period January first, two thousand eleven\\nthrough March thirty-first, two thousand eleven;\\n (xiii) one hundred twenty million thirty-eight thousand dollars for\\nthe period April first, two thousand eleven through March thirty-first,\\ntwo thousand twelve; and\\n (xiv) one hundred nineteen million four hundred seven thousand dollars\\neach state fiscal year for the period April first, two thousand twelve\\nthrough March thirty-first, two thousand fourteen.\\n (l) Funds shall be deposited by the commissioner, within amounts\\nappropriated, and the state comptroller is hereby authorized and\\ndirected to receive for deposit to the credit of the state special\\nrevenue funds - other, HCRA transfer fund, medical assistance account,\\nor any successor fund or account, for purposes of funding the state\\nshare of the personal care and certified home health agency rate or fee\\nincreases established pursuant to subdivision three of section three\\nhundred sixty-seven-o of the social services law from the tobacco\\ncontrol and insurance initiatives pool established for the following\\nperiods in the following amounts:\\n (i) twenty-three million two hundred thousand dollars for the period\\nJanuary first, two thousand through December thirty-first, two thousand;\\n (ii) twenty-three million two hundred thousand dollars for the period\\nJanuary first, two thousand one through December thirty-first, two\\nthousand one;\\n (iii) twenty-three million two hundred thousand dollars for the period\\nJanuary first, two thousand two through December thirty-first, two\\nthousand two;\\n (iv) up to sixty-five million two hundred thousand dollars for the\\nperiod January first, two thousand three through December thirty-first,\\ntwo thousand three;\\n (v) up to sixty-five million two hundred thousand dollars for the\\nperiod January first, two thousand four through December thirty-first,\\ntwo thousand four;\\n (vi) up to sixty-five million two hundred thousand dollars for the\\nperiod January first, two thousand five through December thirty-first,\\ntwo thousand five;\\n (vii) up to sixty-five million two hundred thousand dollars for the\\nperiod January first, two thousand six through December thirty-first,\\ntwo thousand six;\\n (viii) up to sixty-five million two hundred thousand dollars for the\\nperiod January first, two thousand seven through December thirty-first,\\ntwo thousand seven; and\\n (ix) up to sixteen million three hundred thousand dollars for the\\nperiod January first, two thousand eight through March thirty-first, two\\nthousand eight.\\n (m) Funds shall be deposited by the commissioner, within amounts\\nappropriated, and the state comptroller is hereby authorized and\\ndirected to receive for deposit to the credit of the state special\\nrevenue funds - other, HCRA transfer fund, medical assistance account,\\nor any successor fund or account, for purposes of funding the state\\nshare of services and expenses related to home care workers insurance\\npilot demonstration programs established pursuant to subdivision two of\\nsection three hundred sixty-seven-o of the social services law from the\\ntobacco control and insurance initiatives pool established for the\\nfollowing periods in the following amounts:\\n (i) three million eight hundred thousand dollars for the period\\nJanuary first, two thousand through December thirty-first, two thousand;\\n (ii) three million eight hundred thousand dollars for the period\\nJanuary first, two thousand one through December thirty-first, two\\nthousand one;\\n (iii) three million eight hundred thousand dollars for the period\\nJanuary first, two thousand two through December thirty-first, two\\nthousand two;\\n (iv) up to three million eight hundred thousand dollars for the period\\nJanuary first, two thousand three through December thirty-first, two\\nthousand three;\\n (v) up to three million eight hundred thousand dollars for the period\\nJanuary first, two thousand four through December thirty-first, two\\nthousand four;\\n (vi) up to three million eight hundred thousand dollars for the period\\nJanuary first, two thousand five through December thirty-first, two\\nthousand five;\\n (vii) up to three million eight hundred thousand dollars for the\\nperiod January first, two thousand six through December thirty-first,\\ntwo thousand six;\\n (viii) up to three million eight hundred thousand dollars for the\\nperiod January first, two thousand seven through December thirty-first,\\ntwo thousand seven; and\\n (ix) up to nine hundred fifty thousand dollars for the period January\\nfirst, two thousand eight through March thirty-first, two thousand\\neight.\\n (n) Funds shall be transferred by the commissioner and shall be\\ndeposited to the credit of the special revenue funds - other,\\nmiscellaneous special revenue fund - 339, elderly pharmaceutical\\ninsurance coverage program premium account authorized pursuant to the\\nprovisions of title three of article two of the elder law, or any\\nsuccessor fund or account, for funding state expenses relating to the\\nprogram from the tobacco control and insurance initiatives pool\\nestablished for the following periods in the following amounts:\\n (i) one hundred seven million dollars for the period January first,\\ntwo thousand through December thirty-first, two thousand;\\n (ii) one hundred sixty-four million dollars for the period January\\nfirst, two thousand one through December thirty-first, two thousand one;\\n (iii) three hundred twenty-two million seven hundred thousand dollars\\nfor the period January first, two thousand two through December\\nthirty-first, two thousand two;\\n (iv) four hundred thirty-three million three hundred thousand dollars\\nfor the period January first, two thousand three through December\\nthirty-first, two thousand three;\\n (v) five hundred four million one hundred fifty thousand dollars for\\nthe period January first, two thousand four through December\\nthirty-first, two thousand four;\\n (vi) five hundred sixty-six million eight hundred thousand dollars for\\nthe period January first, two thousand five through December\\nthirty-first, two thousand five;\\n (vii) six hundred three million one hundred fifty thousand dollars for\\nthe period January first, two thousand six through December\\nthirty-first, two thousand six;\\n (viii) six hundred sixty million eight hundred thousand dollars for\\nthe period January first, two thousand seven through December\\nthirty-first, two thousand seven;\\n (ix) three hundred sixty-seven million four hundred sixty-three\\nthousand dollars for the period January first, two thousand eight\\nthrough December thirty-first, two thousand eight;\\n (x) three hundred thirty-four million eight hundred twenty-five\\nthousand dollars for the period January first, two thousand nine through\\nDecember thirty-first, two thousand nine;\\n (xi) three hundred forty-four million nine hundred thousand dollars\\nfor the period January first, two thousand ten through December\\nthirty-first, two thousand ten;\\n (xii) eighty-seven million seven hundred eighty-eight thousand dollars\\nfor the period January first, two thousand eleven through March\\nthirty-first, two thousand eleven;\\n (xiii) one hundred forty-three million one hundred fifty thousand\\ndollars for the period April first, two thousand eleven through March\\nthirty-first, two thousand twelve;\\n (xiv) one hundred twenty million nine hundred fifty thousand dollars\\nfor the period April first, two thousand twelve through March\\nthirty-first, two thousand thirteen;\\n (xv) one hundred twenty-eight million eight hundred fifty thousand\\ndollars for the period April first, two thousand thirteen through March\\nthirty-first, two thousand fourteen;\\n (xvi) one hundred twenty-seven million four hundred sixteen thousand\\ndollars each state fiscal year for the period April first, two thousand\\nfourteen through March thirty-first, two thousand seventeen; and\\n (xvii) one hundred twenty-seven million four hundred sixteen thousand\\ndollars each state fiscal year for the period April first, two thousand\\nseventeen through March thirty-first, two thousand twenty.\\n (o) Funds shall be reserved and accumulated and shall be transferred\\nto the Roswell Park Cancer Institute Corporation, from the tobacco\\ncontrol and insurance initiatives pool established for the following\\nperiods in the following amounts:\\n (i) up to ninety million dollars for the period January first, two\\nthousand through December thirty-first, two thousand;\\n (ii) up to sixty million dollars for the period January first, two\\nthousand one through December thirty-first, two thousand one;\\n (iii) up to eighty-five million dollars for the period January first,\\ntwo thousand two through December thirty-first, two thousand two;\\n (iv) eighty-five million two hundred fifty thousand dollars for the\\nperiod January first, two thousand three through December thirty-first,\\ntwo thousand three;\\n (v) seventy-eight million dollars for the period January first, two\\nthousand four through December thirty-first, two thousand four;\\n (vi) seventy-eight million dollars for the period January first, two\\nthousand five through December thirty-first, two thousand five;\\n (vii) ninety-one million dollars for the period January first, two\\nthousand six through December thirty-first, two thousand six;\\n (viii) seventy-eight million dollars for the period January first, two\\nthousand seven through December thirty-first, two thousand seven;\\n (ix) seventy-eight million dollars for the period January first, two\\nthousand eight through December thirty-first, two thousand eight;\\n (x) seventy-eight million dollars for the period January first, two\\nthousand nine through December thirty-first, two thousand nine;\\n (xi) seventy-eight million dollars for the period January first, two\\nthousand ten through December thirty-first, two thousand ten;\\n (xii) nineteen million five hundred thousand dollars for the period\\nJanuary first, two thousand eleven through March thirty-first, two\\nthousand eleven;\\n (xiii) sixty-nine million eight hundred forty thousand dollars each\\nstate fiscal year for the period April first, two thousand eleven\\nthrough March thirty-first, two thousand fourteen;\\n (xiv) up to ninety-six million six hundred thousand dollars each state\\nfiscal year for the period April first, two thousand fourteen through\\nMarch thirty-first, two thousand seventeen; and\\n (xv) up to ninety-six million six hundred thousand dollars each state\\nfiscal year for the period April first, two thousand seventeen through\\nMarch thirty-first, two thousand twenty.\\n (p) Funds shall be deposited by the commissioner, within amounts\\nappropriated, and the state comptroller is hereby authorized and\\ndirected to receive for deposit to the credit of the state special\\nrevenue funds - other, indigent care fund - 068, indigent care account,\\nor any successor fund or account, for purposes of providing a medicaid\\ndisproportionate share payment from the high need indigent care\\nadjustment pool established pursuant to section twenty-eight hundred\\nseven-w of this article, from the tobacco control and insurance\\ninitiatives pool established for the following periods in the following\\namounts:\\n (i) eighty-two million dollars annually for the periods January first,\\ntwo thousand through December thirty-first, two thousand two;\\n (ii) up to eighty-two million dollars for the period January first,\\ntwo thousand three through December thirty-first, two thousand three;\\n (iii) up to eighty-two million dollars for the period January first,\\ntwo thousand four through December thirty-first, two thousand four;\\n (iv) up to eighty-two million dollars for the period January first,\\ntwo thousand five through December thirty-first, two thousand five;\\n (v) up to eighty-two million dollars for the period January first, two\\nthousand six through December thirty-first, two thousand six;\\n (vi) up to eighty-two million dollars for the period January first,\\ntwo thousand seven through December thirty-first, two thousand seven;\\n (vii) up to eighty-two million dollars for the period January first,\\ntwo thousand eight through December thirty-first, two thousand eight;\\n (viii) up to eighty-two million dollars for the period January first,\\ntwo thousand nine through December thirty-first, two thousand nine;\\n (ix) up to eighty-two million dollars for the period January first,\\ntwo thousand ten through December thirty-first, two thousand ten;\\n (x) up to twenty million five hundred thousand dollars for the period\\nJanuary first, two thousand eleven through March thirty-first, two\\nthousand eleven; and\\n (xi) up to eighty-two million dollars each state fiscal year for the\\nperiod April first, two thousand eleven through March thirty-first, two\\nthousand fourteen.\\n (q) Funds shall be reserved and accumulated from year to year and\\nshall be available, including income from invested funds, for purposes\\nof providing distributions to eligible school based health centers\\nestablished pursuant to section eighty-eight of chapter one of the laws\\nof nineteen hundred ninety-nine, from the tobacco control and insurance\\ninitiatives pool established for the following periods in the following\\namounts:\\n (i) seven million dollars annually for the period January first, two\\nthousand through December thirty-first, two thousand two;\\n (ii) up to seven million dollars for the period January first, two\\nthousand three through December thirty-first, two thousand three;\\n (iii) up to seven million dollars for the period January first, two\\nthousand four through December thirty-first, two thousand four;\\n (iv) up to seven million dollars for the period January first, two\\nthousand five through December thirty-first, two thousand five;\\n (v) up to seven million dollars for the period January first, two\\nthousand six through December thirty-first, two thousand six;\\n (vi) up to seven million dollars for the period January first, two\\nthousand seven through December thirty-first, two thousand seven;\\n (vii) up to seven million dollars for the period January first, two\\nthousand eight through December thirty-first, two thousand eight;\\n (viii) up to seven million dollars for the period January first, two\\nthousand nine through December thirty-first, two thousand nine;\\n (ix) up to seven million dollars for the period January first, two\\nthousand ten through December thirty-first, two thousand ten;\\n (x) up to one million seven hundred fifty thousand dollars for the\\nperiod January first, two thousand eleven through March thirty-first,\\ntwo thousand eleven;\\n (xi) up to five million six hundred thousand dollars each state fiscal\\nyear for the period April first, two thousand eleven through March\\nthirty-first, two thousand fourteen;\\n (xii) up to five million two hundred eighty-eighty thousand dollars\\neach state fiscal year for the period April first, two thousand fourteen\\nthrough March thirty-first, two thousand seventeen; and\\n (xiii) up to five million two hundred eighty-eight thousand dollars\\neach state fiscal year for the period April first, two thousand\\nseventeen through March thirty-first, two thousand twenty.\\n (r) Funds shall be deposited by the commissioner within amounts\\nappropriated, and the state comptroller is hereby authorized and\\ndirected to receive for deposit to the credit of the state special\\nrevenue funds - other, HCRA transfer fund, medical assistance account,\\nor any successor fund or account, for purposes of providing\\ndistributions for supplementary medical insurance for Medicare part B\\npremiums, physicians services, outpatient services, medical equipment,\\nsupplies and other health services, from the tobacco control and\\ninsurance initiatives pool established for the following periods in the\\nfollowing amounts:\\n (i) forty-three million dollars for the period January first, two\\nthousand through December thirty-first, two thousand;\\n (ii) sixty-one million dollars for the period January first, two\\nthousand one through December thirty-first, two thousand one;\\n (iii) sixty-five million dollars for the period January first, two\\nthousand two through December thirty-first, two thousand two;\\n (iv) sixty-seven million five hundred thousand dollars for the period\\nJanuary first, two thousand three through December thirty-first, two\\nthousand three;\\n (v) sixty-eight million dollars for the period January first, two\\nthousand four through December thirty-first, two thousand four;\\n (vi) sixty-eight million dollars for the period January first, two\\nthousand five through December thirty-first, two thousand five;\\n (vii) sixty-eight million dollars for the period January first, two\\nthousand six through December thirty-first, two thousand six;\\n (viii) seventeen million five hundred thousand dollars for the period\\nJanuary first, two thousand seven through December thirty-first, two\\nthousand seven;\\n (ix) sixty-eight million dollars for the period January first, two\\nthousand eight through December thirty-first, two thousand eight;\\n (x) sixty-eight million dollars for the period January first, two\\nthousand nine through December thirty-first, two thousand nine;\\n (xi) sixty-eight million dollars for the period January first, two\\nthousand ten through December thirty-first, two thousand ten;\\n (xii) seventeen million dollars for the period January first, two\\nthousand eleven through March thirty-first, two thousand eleven; and\\n (xiii) sixty-eight million dollars each state fiscal year for the\\nperiod April first, two thousand eleven through March thirty-first, two\\nthousand fourteen.\\n (s) Funds shall be deposited by the commissioner within amounts\\nappropriated, and the state comptroller is hereby authorized and\\ndirected to receive for deposit to the credit of the state special\\nrevenue funds - other, HCRA transfer fund, medical assistance account,\\nor any successor fund or account, for purposes of providing\\ndistributions pursuant to paragraphs (s-5), (s-6), (s-7) and (s-8) of\\nsubdivision eleven of section twenty-eight hundred seven-c of this\\narticle from the tobacco control and insurance initiatives pool\\nestablished for the following periods in the following amounts:\\n (i) eighteen million dollars for the period January first, two\\nthousand through December thirty-first, two thousand;\\n (ii) twenty-four million dollars annually for the periods January\\nfirst, two thousand one through December thirty-first, two thousand two;\\n (iii) up to twenty-four million dollars for the period January first,\\ntwo thousand three through December thirty-first, two thousand three;\\n (iv) up to twenty-four million dollars for the period January first,\\ntwo thousand four through December thirty-first, two thousand four;\\n (v) up to twenty-four million dollars for the period January first,\\ntwo thousand five through December thirty-first, two thousand five;\\n (vi) up to twenty-four million dollars for the period January first,\\ntwo thousand six through December thirty-first, two thousand six;\\n (vii) up to twenty-four million dollars for the period January first,\\ntwo thousand seven through December thirty-first, two thousand seven;\\n (viii) up to twenty-four million dollars for the period January first,\\ntwo thousand eight through December thirty-first, two thousand eight;\\nand\\n (ix) up to twenty-two million dollars for the period January first,\\ntwo thousand nine through November thirtieth, two thousand nine.\\n (t) Funds shall be reserved and accumulated from year to year by the\\ncommissioner and shall be made available, including income from invested\\nfunds:\\n (i) For the purpose of making grants to a state owned and operated\\nmedical school which does not have a state owned and operated hospital\\non site and available for teaching purposes. Notwithstanding sections\\none hundred twelve and one hundred sixty-three of the state finance law,\\nsuch grants shall be made in the amount of up to five hundred thousand\\ndollars for the period January first, two thousand through December\\nthirty-first, two thousand;\\n (ii) For the purpose of making grants to medical schools pursuant to\\nsection eighty-six-a of chapter one of the laws of nineteen hundred\\nninety-nine in the sum of up to four million dollars for the period\\nJanuary first, two thousand through December thirty-first, two thousand;\\nand\\n (iii) The funds disbursed pursuant to subparagraphs (i) and (ii) of\\nthis paragraph from the tobacco control and insurance initiatives pool\\nare contingent upon meeting all funding amounts established pursuant to\\nparagraphs (a), (b), (c), (d), (e), (f), (l), (m), (n), (p), (q), (r)\\nand (s) of this subdivision, paragraph (a) of subdivision nine of\\nsection twenty-eight hundred seven-j of this article, and paragraphs\\n(a), (i) and (k) of subdivision one of section twenty-eight hundred\\nseven-l of this article.\\n (u) Funds shall be deposited by the commissioner, within amounts\\nappropriated, and the state comptroller is hereby authorized and\\ndirected to receive for deposit to the credit of the state special\\nrevenue funds - other, HCRA transfer fund, medical assistance account,\\nor any successor fund or account, for purposes of funding the state\\nshare of services and expenses related to the nursing home quality\\nimprovement demonstration program established pursuant to section\\ntwenty-eight hundred eight-d of this article from the tobacco control\\nand insurance initiatives pool established for the following periods in\\nthe following amounts:\\n (i) up to twenty-five million dollars for the period beginning April\\nfirst, two thousand two and ending December thirty-first, two thousand\\ntwo, and on an annualized basis, for each annual period thereafter\\nbeginning January first, two thousand three and ending December\\nthirty-first, two thousand four;\\n (ii) up to eighteen million seven hundred fifty thousand dollars for\\nthe period January first, two thousand five through December\\nthirty-first, two thousand five; and\\n (iii) up to fifty-six million five hundred thousand dollars for the\\nperiod January first, two thousand six through December thirty-first,\\ntwo thousand six.\\n (v) Funds shall be transferred by the commissioner and shall be\\ndeposited to the credit of the hospital excess liability pool created\\npursuant to section eighteen of chapter two hundred sixty-six of the\\nlaws of nineteen hundred eighty-six, or any successor fund or account,\\nfor purposes of expenses related to the purchase of excess medical\\nmalpractice insurance and the cost of administrating the pool, including\\ncosts associated with the risk management program established pursuant\\nto section forty-two of part A of chapter one of the laws of two\\nthousand two required by paragraph (a) of subdivision one of section\\neighteen of chapter two hundred sixty-six of the laws of nineteen\\nhundred eighty-six as may be amended from time to time, from the tobacco\\ncontrol and insurance initiatives pool established for the following\\nperiods in the following amounts:\\n (i) up to fifty million dollars or so much as is needed for the period\\nJanuary first, two thousand two through December thirty-first, two\\nthousand two;\\n (ii) up to seventy-six million seven hundred thousand dollars for the\\nperiod January first, two thousand three through December thirty-first,\\ntwo thousand three;\\n (iii) up to sixty-five million dollars for the period January first,\\ntwo thousand four through December thirty-first, two thousand four;\\n (iv) up to sixty-five million dollars for the period January first,\\ntwo thousand five through December thirty-first, two thousand five;\\n (v) up to one hundred thirteen million eight hundred thousand dollars\\nfor the period January first, two thousand six through December\\nthirty-first, two thousand six;\\n (vi) up to one hundred thirty million dollars for the period January\\nfirst, two thousand seven through December thirty-first, two thousand\\nseven;\\n (vii) up to one hundred thirty million dollars for the period January\\nfirst, two thousand eight through December thirty-first, two thousand\\neight;\\n (viii) up to one hundred thirty million dollars for the period January\\nfirst, two thousand nine through December thirty-first, two thousand\\nnine;\\n (ix) up to one hundred thirty million dollars for the period January\\nfirst, two thousand ten through December thirty-first, two thousand ten;\\n (x) up to thirty-two million five hundred thousand dollars for the\\nperiod January first, two thousand eleven through March thirty-first,\\ntwo thousand eleven;\\n (xi) up to one hundred twenty-seven million four hundred thousand\\ndollars each state fiscal year for the period April first, two thousand\\neleven through March thirty-first, two thousand fourteen;\\n (xii) up to one hundred twenty-seven million four hundred thousand\\ndollars each state fiscal year for the period April first, two thousand\\nfourteen through March thirty-first, two thousand seventeen; and\\n (xiii) up to one hundred twenty-seven million four hundred thousand\\ndollars each state fiscal year for the period April first, two thousand\\nseventeen through March thirty-first, two thousand twenty.\\n (w) Funds shall be deposited by the commissioner, within amounts\\nappropriated, and the state comptroller is hereby authorized and\\ndirected to receive for deposit to the credit of the state special\\nrevenue funds - other, HCRA transfer fund, medical assistance account,\\nor any successor fund or account, for purposes of funding the state\\nshare of the treatment of breast and cervical cancer pursuant to\\nparagraph (v) of subdivision four of section three hundred sixty-six of\\nthe social services law, from the tobacco control and insurance\\ninitiatives pool established for the following periods in the following\\namounts:\\n (i) up to four hundred fifty thousand dollars for the period January\\nfirst, two thousand two through December thirty-first, two thousand two;\\n (ii) up to two million one hundred thousand dollars for the period\\nJanuary first, two thousand three through December thirty-first, two\\nthousand three;\\n (iii) up to two million one hundred thousand dollars for the period\\nJanuary first, two thousand four through December thirty-first, two\\nthousand four;\\n (iv) up to two million one hundred thousand dollars for the period\\nJanuary first, two thousand five through December thirty-first, two\\nthousand five;\\n (v) up to two million one hundred thousand dollars for the period\\nJanuary first, two thousand six through December thirty-first, two\\nthousand six;\\n (vi) up to two million one hundred thousand dollars for the period\\nJanuary first, two thousand seven through December thirty-first, two\\nthousand seven;\\n (vii) up to two million one hundred thousand dollars for the period\\nJanuary first, two thousand eight through December thirty-first, two\\nthousand eight;\\n (viii) up to two million one hundred thousand dollars for the period\\nJanuary first, two thousand nine through December thirty-first, two\\nthousand nine;\\n (ix) up to two million one hundred thousand dollars for the period\\nJanuary first, two thousand ten through December thirty-first, two\\nthousand ten;\\n (x) up to five hundred twenty-five thousand dollars for the period\\nJanuary first, two thousand eleven through March thirty-first, two\\nthousand eleven;\\n (xi) up to two million one hundred thousand dollars each state fiscal\\nyear for the period April first, two thousand eleven through March\\nthirty-first, two thousand fourteen;\\n (xii) up to two million one hundred thousand dollars each state fiscal\\nyear for the period April first, two thousand fourteen through March\\nthirty-first, two thousand seventeen; and\\n (xiii) up to two million one hundred thousand dollars each state\\nfiscal year for the period April first, two thousand seventeen through\\nMarch thirty-first, two thousand twenty.\\n (x) Funds shall be deposited by the commissioner, within amounts\\nappropriated, and the state comptroller is hereby authorized and\\ndirected to receive for deposit to the credit of the state special\\nrevenue funds - other, HCRA transfer fund, medical assistance account,\\nor any successor fund or account, for purposes of funding the state\\nshare of the non-public general hospital rates increases for recruitment\\nand retention of health care workers from the tobacco control and\\ninsurance initiatives pool established for the following periods in the\\nfollowing amounts:\\n (i) twenty-seven million one hundred thousand dollars on an annualized\\nbasis for the period January first, two thousand two through December\\nthirty-first, two thousand two;\\n (ii) fifty million eight hundred thousand dollars on an annualized\\nbasis for the period January first, two thousand three through December\\nthirty-first, two thousand three;\\n (iii) sixty-nine million three hundred thousand dollars on an\\nannualized basis for the period January first, two thousand four through\\nDecember thirty-first, two thousand four;\\n (iv) sixty-nine million three hundred thousand dollars for the period\\nJanuary first, two thousand five through December thirty-first, two\\nthousand five;\\n (v) sixty-nine million three hundred thousand dollars for the period\\nJanuary first, two thousand six through December thirty-first, two\\nthousand six;\\n (vi) sixty-five million three hundred thousand dollars for the period\\nJanuary first, two thousand seven through December thirty-first, two\\nthousand seven;\\n (vii) sixty-one million one hundred fifty thousand dollars for the\\nperiod January first, two thousand eight through December thirty-first,\\ntwo thousand eight; and\\n (viii) forty-eight million seven hundred twenty-one thousand dollars\\nfor the period January first, two thousand nine through November\\nthirtieth, two thousand nine.\\n (y) Funds shall be reserved and accumulated from year to year and\\nshall be available, including income from invested funds, for purposes\\nof grants to public general hospitals for recruitment and retention of\\nhealth care workers pursuant to paragraph (b) of subdivision thirty of\\nsection twenty-eight hundred seven-c of this article from the tobacco\\ncontrol and insurance initiatives pool established for the following\\nperiods in the following amounts:\\n (i) eighteen million five hundred thousand dollars on an annualized\\nbasis for the period January first, two thousand two through December\\nthirty-first, two thousand two;\\n (ii) thirty-seven million four hundred thousand dollars on an\\nannualized basis for the period January first, two thousand three\\nthrough December thirty-first, two thousand three;\\n (iii) fifty-two million two hundred thousand dollars on an annualized\\nbasis for the period January first, two thousand four through December\\nthirty-first, two thousand four;\\n (iv) fifty-two million two hundred thousand dollars for the period\\nJanuary first, two thousand five through December thirty-first, two\\nthousand five;\\n (v) fifty-two million two hundred thousand dollars for the period\\nJanuary first, two thousand six through December thirty-first, two\\nthousand six;\\n (vi) forty-nine million dollars for the period January first, two\\nthousand seven through December thirty-first, two thousand seven;\\n (vii) forty-nine million dollars for the period January first, two\\nthousand eight through December thirty-first, two thousand eight; and\\n (viii) twelve million two hundred fifty thousand dollars for the\\nperiod January first, two thousand nine through March thirty-first, two\\nthousand nine.\\n Provided, however, amounts pursuant to this paragraph may be reduced\\nin an amount to be approved by the director of the budget to reflect\\namounts received from the federal government under the state's 1115\\nwaiver which are directed under its terms and conditions to the health\\nworkforce recruitment and retention program.\\n (z) Funds shall be deposited by the commissioner, within amounts\\nappropriated, and the state comptroller is hereby authorized and\\ndirected to receive for deposit to the credit of the state special\\nrevenue funds - other, HCRA transfer fund, medical assistance account,\\nor any successor fund or account, for purposes of funding the state\\nshare of the non-public residential health care facility rate increases\\nfor recruitment and retention of health care workers pursuant to\\nparagraph (a) of subdivision eighteen of section twenty-eight hundred\\neight of this article from the tobacco control and insurance initiatives\\npool established for the following periods in the following amounts:\\n (i) twenty-one million five hundred thousand dollars on an annualized\\nbasis for the period January first, two thousand two through December\\nthirty-first, two thousand two;\\n (ii) thirty-three million three hundred thousand dollars on an\\nannualized basis for the period January first, two thousand three\\nthrough December thirty-first, two thousand three;\\n (iii) forty-six million three hundred thousand dollars on an\\nannualized basis for the period January first, two thousand four through\\nDecember thirty-first, two thousand four;\\n (iv) forty-six million three hundred thousand dollars for the period\\nJanuary first, two thousand five through December thirty-first, two\\nthousand five;\\n (v) forty-six million three hundred thousand dollars for the period\\nJanuary first, two thousand six through December thirty-first, two\\nthousand six;\\n (vi) thirty million nine hundred thousand dollars for the period\\nJanuary first, two thousand seven through December thirty-first, two\\nthousand seven;\\n (vii) twenty-four million seven hundred thousand dollars for the\\nperiod January first, two thousand eight through December thirty-first,\\ntwo thousand eight;\\n (viii) twelve million three hundred seventy-five thousand dollars for\\nthe period January first, two thousand nine through December\\nthirty-first, two thousand nine;\\n (ix) nine million three hundred thousand dollars for the period\\nJanuary first, two thousand ten through December thirty-first, two\\nthousand ten; and\\n (x) two million three hundred twenty-five thousand dollars for the\\nperiod January first, two thousand eleven through March thirty-first,\\ntwo thousand eleven.\\n (aa) Funds shall be reserved and accumulated from year to year and\\nshall be available, including income from invested funds, for purposes\\nof grants to public residential health care facilities for recruitment\\nand retention of health care workers pursuant to paragraph (b) of\\nsubdivision eighteen of section twenty-eight hundred eight of this\\narticle from the tobacco control and insurance initiatives pool\\nestablished for the following periods in the following amounts:\\n (i) seven million five hundred thousand dollars on an annualized basis\\nfor the period January first, two thousand two through December\\nthirty-first, two thousand two;\\n (ii) eleven million seven hundred thousand dollars on an annualized\\nbasis for the period January first, two thousand three through December\\nthirty-first, two thousand three;\\n (iii) sixteen million two hundred thousand dollars on an annualized\\nbasis for the period January first, two thousand four through December\\nthirty-first, two thousand four;\\n (iv) sixteen million two hundred thousand dollars for the period\\nJanuary first, two thousand five through December thirty-first, two\\nthousand five;\\n (v) sixteen million two hundred thousand dollars for the period\\nJanuary first, two thousand six through December thirty-first, two\\nthousand six;\\n (vi) ten million eight hundred thousand dollars for the period January\\nfirst, two thousand seven through December thirty-first, two thousand\\nseven;\\n (vii) six million seven hundred fifty thousand dollars for the period\\nJanuary first, two thousand eight through December thirty-first, two\\nthousand eight; and\\n (viii) one million three hundred fifty thousand dollars for the period\\nJanuary first, two thousand nine through December thirty-first, two\\nthousand nine.\\n (bb)(i) Funds shall be deposited by the commissioner, within amounts\\nappropriated, and subject to the availability of federal financial\\nparticipation, and the state comptroller is hereby authorized and\\ndirected to receive for deposit to the credit of the state special\\nrevenue funds - other, HCRA transfer fund, medical assistance account,\\nor any successor fund or account, for the purpose of supporting the\\nstate share of adjustments to Medicaid rates of payment for personal\\ncare services provided pursuant to paragraph (e) of subdivision two of\\nsection three hundred sixty-five-a of the social services law, for local\\nsocial service districts which include a city with a population of over\\none million persons and computed and distributed in accordance with\\nmemorandums of understanding to be entered into between the state of New\\nYork and such local social service districts for the purpose of\\nsupporting the recruitment and retention of personal care service\\nworkers or any worker with direct patient care responsibility, from the\\ntobacco control and insurance initiatives pool established for the\\nfollowing periods and the following amounts:\\n (A) forty-four million dollars, on an annualized basis, for the period\\nApril first, two thousand two through December thirty-first, two\\nthousand two;\\n (B) seventy-four million dollars, on an annualized basis, for the\\nperiod January first, two thousand three through December thirty-first,\\ntwo thousand three;\\n (C) one hundred four million dollars, on an annualized basis, for the\\nperiod January first, two thousand four through December thirty-first,\\ntwo thousand four;\\n (D) one hundred thirty-six million dollars, on an annualized basis,\\nfor the period January first, two thousand five through December\\nthirty-first, two thousand five;\\n (E) one hundred thirty-six million dollars, on an annualized basis,\\nfor the period January first, two thousand six through December\\nthirty-first, two thousand six;\\n (F) one hundred thirty-six million dollars for the period January\\nfirst, two thousand seven through December thirty-first, two thousand\\nseven;\\n (G) one hundred thirty-six million dollars for the period January\\nfirst, two thousand eight through December thirty-first, two thousand\\neight;\\n (H) one hundred thirty-six million dollars for the period January\\nfirst, two thousand nine through December thirty-first, two thousand\\nnine;\\n (I) one hundred thirty-six million dollars for the period January\\nfirst, two thousand ten through December thirty-first, two thousand ten;\\n (J) thirty-four million dollars for the period January first, two\\nthousand eleven through March thirty-first, two thousand eleven;\\n (K) up to one hundred thirty-six million dollars each state fiscal\\nyear for the period April first, two thousand eleven through March\\nthirty-first, two thousand fourteen;\\n (L) up to one hundred thirty-six million dollars each state fiscal\\nyear for the period March thirty-first, two thousand fourteen through\\nApril first, two thousand seventeen; and\\n (M) up to one hundred thirty-six million dollars each state fiscal\\nyear for the period April first, two thousand seventeen through March\\nthirty-first, two thousand twenty.\\n (ii) Adjustments to Medicaid rates made pursuant to this paragraph\\nshall not, in aggregate, exceed the following amounts for the following\\nperiods:\\n (A) for the period April first, two thousand two through December\\nthirty-first, two thousand two, one hundred ten million dollars;\\n (B) for the period January first, two thousand three through December\\nthirty-first, two thousand three, one hundred eighty-five million\\ndollars;\\n (C) for the period January first, two thousand four through December\\nthirty-first, two thousand four, two hundred sixty million dollars;\\n (D) for the period January first, two thousand five through December\\nthirty-first, two thousand five, three hundred forty million dollars;\\n (E) for the period January first, two thousand six through December\\nthirty-first, two thousand six, three hundred forty million dollars;\\n (F) for the period January first, two thousand seven through December\\nthirty-first, two thousand seven, three hundred forty million dollars;\\n (G) for the period January first, two thousand eight through December\\nthirty-first, two thousand eight, three hundred forty million dollars;\\n (H) for the period January first, two thousand nine through December\\nthirty-first, two thousand nine, three hundred forty million dollars;\\n (I) for the period January first, two thousand ten through December\\nthirty-first, two thousand ten, three hundred forty million dollars;\\n (J) for the period January first, two thousand eleven through March\\nthirty-first, two thousand eleven, eighty-five million dollars;\\n (K) for each state fiscal year within the period April first, two\\nthousand eleven through March thirty-first, two thousand fourteen, three\\nhundred forty million dollars;\\n (L) for each state fiscal year within the period April first, two\\nthousand fourteen through March thirty-first, two thousand seventeen,\\nthree hundred forty million dollars; and\\n (M) for each state fiscal year within the period April first, two\\nthousand seventeen through March thirty-first, two thousand twenty,\\nthree hundred forty million dollars.\\n (iii) Personal care service providers which have their rates adjusted\\npursuant to this paragraph shall use such funds for the purpose of\\nrecruitment and retention of non-supervisory personal care services\\nworkers or any worker with direct patient care responsibility only and\\nare prohibited from using such funds for any other purpose. Each such\\npersonal care services provider shall submit, at a time and in a manner\\nto be determined by the commissioner, a written certification attesting\\nthat such funds will be used solely for the purpose of recruitment and\\nretention of non-supervisory personal care services workers or any\\nworker with direct patient care responsibility. The commissioner is\\nauthorized to audit each such provider to ensure compliance with the\\nwritten certification required by this subdivision and shall recoup any\\nfunds determined to have been used for purposes other than recruitment\\nand retention of non-supervisory personal care services workers or any\\nworker with direct patient care responsibility. Such recoupment shall be\\nin addition to any other penalties provided by law.\\n (cc) Funds shall be deposited by the commissioner, within amounts\\nappropriated, and the state comptroller is hereby authorized and\\ndirected to receive for deposit to the credit of the state special\\nrevenue funds - other, HCRA transfer fund, medical assistance account,\\nor any successor fund or account, for the purpose of supporting the\\nstate share of adjustments to Medicaid rates of payment for personal\\ncare services provided pursuant to paragraph (e) of subdivision two of\\nsection three hundred sixty-five-a of the social services law, for local\\nsocial service districts which shall not include a city with a\\npopulation of over one million persons for the purpose of supporting the\\npersonal care services worker recruitment and retention program as\\nestablished pursuant to section three hundred sixty-seven-q of the\\nsocial services law, from the tobacco control and insurance initiatives\\npool established for the following periods and the following amounts:\\n (i) two million eight hundred thousand dollars for the period April\\nfirst, two thousand two through December thirty-first, two thousand two;\\n (ii) five million six hundred thousand dollars, on an annualized\\nbasis, for the period January first, two thousand three through December\\nthirty-first, two thousand three;\\n (iii) eight million four hundred thousand dollars, on an annualized\\nbasis, for the period January first, two thousand four through December\\nthirty-first, two thousand four;\\n (iv) ten million eight hundred thousand dollars, on an annualized\\nbasis, for the period January first, two thousand five through December\\nthirty-first, two thousand five;\\n (v) ten million eight hundred thousand dollars, on an annualized\\nbasis, for the period January first, two thousand six through December\\nthirty-first, two thousand six;\\n (vi) eleven million two hundred thousand dollars for the period\\nJanuary first, two thousand seven through December thirty-first, two\\nthousand seven;\\n (vii) eleven million two hundred thousand dollars for the period\\nJanuary first, two thousand eight through December thirty-first, two\\nthousand eight;\\n (viii) eleven million two hundred thousand dollars for the period\\nJanuary first, two thousand nine through December thirty-first, two\\nthousand nine;\\n (ix) eleven million two hundred thousand dollars for the period\\nJanuary first, two thousand ten through December thirty-first, two\\nthousand ten;\\n (x) two million eight hundred thousand dollars for the period January\\nfirst, two thousand eleven through March thirty-first, two thousand\\neleven;\\n (xi) up to eleven million two hundred thousand dollars each state\\nfiscal year for the period April first, two thousand eleven through\\nMarch thirty-first, two thousand fourteen;\\n (xii) up to eleven million two hundred thousand dollars each state\\nfiscal year for the period April first, two thousand fourteen through\\nMarch thirty-first, two thousand seventeen; and\\n (xiii) up to eleven million two hundred thousand dollars each state\\nfiscal year for the period April first, two thousand seventeen through\\nMarch thirty-first, two thousand twenty.\\n (dd) Funds shall be deposited by the commissioner, within amounts\\nappropriated, and the state comptroller is hereby authorized and\\ndirected to receive for deposit to the credit of the state special\\nrevenue fund - other, HCRA transfer fund, medical assistance account, or\\nany successor fund or account, for purposes of funding the state share\\nof Medicaid expenditures for physician services from the tobacco control\\nand insurance initiatives pool established for the following periods in\\nthe following amounts:\\n (i) up to fifty-two million dollars for the period January first, two\\nthousand two through December thirty-first, two thousand two;\\n (ii) eighty-one million two hundred thousand dollars for the period\\nJanuary first, two thousand three through December thirty-first, two\\nthousand three;\\n (iii) eighty-five million two hundred thousand dollars for the period\\nJanuary first, two thousand four through December thirty-first, two\\nthousand four;\\n (iv) eighty-five million two hundred thousand dollars for the period\\nJanuary first, two thousand five through December thirty-first, two\\nthousand five;\\n (v) eighty-five million two hundred thousand dollars for the period\\nJanuary first, two thousand six through December thirty-first, two\\nthousand six;\\n (vi) eighty-five million two hundred thousand dollars for the period\\nJanuary first, two thousand seven through December thirty-first, two\\nthousand seven;\\n (vii) eighty-five million two hundred thousand dollars for the period\\nJanuary first, two thousand eight through December thirty-first, two\\nthousand eight;\\n (viii) eighty-five million two hundred thousand dollars for the period\\nJanuary first, two thousand nine through December thirty-first, two\\nthousand nine;\\n (ix) eighty-five million two hundred thousand dollars for the period\\nJanuary first, two thousand ten through December thirty-first, two\\nthousand ten;\\n (x) twenty-one million three hundred thousand dollars for the period\\nJanuary first, two thousand eleven through March thirty-first, two\\nthousand eleven; and\\n (xi) eighty-five million two hundred thousand dollars each state\\nfiscal year for the period April first, two thousand eleven through\\nMarch thirty-first, two thousand fourteen.\\n (ee) Funds shall be deposited by the commissioner, within amounts\\nappropriated, and the state comptroller is hereby authorized and\\ndirected to receive for deposit to the credit of the state special\\nrevenue fund - other, HCRA transfer fund, medical assistance account, or\\nany successor fund or account, for purposes of funding the state share\\nof the free-standing diagnostic and treatment center rate increases for\\nrecruitment and retention of health care workers pursuant to subdivision\\nseventeen of section twenty-eight hundred seven of this article from the\\ntobacco control and insurance initiatives pool established for the\\nfollowing periods in the following amounts:\\n (i) three million two hundred fifty thousand dollars for the period\\nApril first, two thousand two through December thirty-first, two\\nthousand two;\\n (ii) three million two hundred fifty thousand dollars on an annualized\\nbasis for the period January first, two thousand three through December\\nthirty-first, two thousand three;\\n (iii) three million two hundred fifty thousand dollars on an\\nannualized basis for the period January first, two thousand four through\\nDecember thirty-first, two thousand four;\\n (iv) three million two hundred fifty thousand dollars for the period\\nJanuary first, two thousand five through December thirty-first, two\\nthousand five;\\n (v) three million two hundred fifty thousand dollars for the period\\nJanuary first, two thousand six through December thirty-first, two\\nthousand six;\\n (vi) three million two hundred fifty thousand dollars for the period\\nJanuary first, two thousand seven through December thirty-first, two\\nthousand seven;\\n (vii) three million four hundred thirty-eight thousand dollars for the\\nperiod January first, two thousand eight through December thirty-first,\\ntwo thousand eight;\\n (viii) two million four hundred fifty thousand dollars for the period\\nJanuary first, two thousand nine through December thirty-first, two\\nthousand nine;\\n (ix) one million five hundred thousand dollars for the period January\\nfirst, two thousand ten through December thirty-first, two thousand ten;\\nand\\n (x) three hundred twenty-five thousand dollars for the period January\\nfirst, two thousand eleven through March thirty-first, two thousand\\neleven.\\n (ff) Funds shall be deposited by the commissioner, within amounts\\nappropriated, and the state comptroller is hereby authorized and\\ndirected to receive for deposit to the credit of the state special\\nrevenue fund - other, HCRA transfer fund, medical assistance account, or\\nany successor fund or account, for purposes of funding the state share\\nof Medicaid expenditures for disabled persons as authorized pursuant to\\nformer subparagraphs twelve and thirteen of paragraph (a) of subdivision\\none of section three hundred sixty-six of the social services law from\\nthe tobacco control and insurance initiatives pool established for the\\nfollowing periods in the following amounts:\\n (i) one million eight hundred thousand dollars for the period April\\nfirst, two thousand two through December thirty-first, two thousand two;\\n (ii) sixteen million four hundred thousand dollars on an annualized\\nbasis for the period January first, two thousand three through December\\nthirty-first, two thousand three;\\n (iii) eighteen million seven hundred thousand dollars on an annualized\\nbasis for the period January first, two thousand four through December\\nthirty-first, two thousand four;\\n (iv) thirty million six hundred thousand dollars for the period\\nJanuary first, two thousand five through December thirty-first, two\\nthousand five;\\n (v) thirty million six hundred thousand dollars for the period January\\nfirst, two thousand six through December thirty-first, two thousand six;\\n (vi) thirty million six hundred thousand dollars for the period\\nJanuary first, two thousand seven through December thirty-first, two\\nthousand seven;\\n (vii) fifteen million dollars for the period January first, two\\nthousand eight through December thirty-first, two thousand eight;\\n (viii) fifteen million dollars for the period January first, two\\nthousand nine through December thirty-first, two thousand nine;\\n (ix) fifteen million dollars for the period January first, two\\nthousand ten through December thirty-first, two thousand ten;\\n (x) three million seven hundred fifty thousand dollars for the period\\nJanuary first, two thousand eleven through March thirty-first, two\\nthousand eleven;\\n (xi) fifteen million dollars each state fiscal year for the period\\nApril first, two thousand eleven through March thirty-first, two\\nthousand fourteen;\\n (xii) fifteen million dollars each state fiscal year for the period\\nApril first, two thousand fourteen through March thirty-first, two\\nthousand seventeen; and\\n (xiii) fifteen million dollars each state fiscal year for the period\\nApril first, two thousand seventeen through March thirty-first, two\\nthousand twenty.\\n (gg) Funds shall be reserved and accumulated from year to year and\\nshall be available, including income from invested funds, for purposes\\nof grants to non-public general hospitals pursuant to paragraph (c) of\\nsubdivision thirty of section twenty-eight hundred seven-c of this\\narticle from the tobacco control and insurance initiatives pool\\nestablished for the following periods in the following amounts:\\n (i) up to one million three hundred thousand dollars on an annualized\\nbasis for the period January first, two thousand two through December\\nthirty-first, two thousand two;\\n (ii) up to three million two hundred thousand dollars on an annualized\\nbasis for the period January first, two thousand three through December\\nthirty-first, two thousand three;\\n (iii) up to five million six hundred thousand dollars on an annualized\\nbasis for the period January first, two thousand four through December\\nthirty-first, two thousand four;\\n (iv) up to eight million six hundred thousand dollars for the period\\nJanuary first, two thousand five through December thirty-first, two\\nthousand five;\\n (v) up to eight million six hundred thousand dollars on an annualized\\nbasis for the period January first, two thousand six through December\\nthirty-first, two thousand six;\\n (vi) up to two million six hundred thousand dollars for the period\\nJanuary first, two thousand seven through December thirty-first, two\\nthousand seven;\\n (vii) up to two million six hundred thousand dollars for the period\\nJanuary first, two thousand eight through December thirty-first, two\\nthousand eight;\\n (viii) up to two million six hundred thousand dollars for the period\\nJanuary first, two thousand nine through December thirty-first, two\\nthousand nine;\\n (ix) up to two million six hundred thousand dollars for the period\\nJanuary first, two thousand ten through December thirty-first, two\\nthousand ten; and\\n (x) up to six hundred fifty thousand dollars for the period January\\nfirst, two thousand eleven through March thirty-first, two thousand\\neleven.\\n (hh) Funds shall be deposited by the commissioner, within amounts\\nappropriated, and the state comptroller is hereby authorized and\\ndirected to receive for deposit to the credit of the special revenue\\nfund - other, HCRA transfer fund, medical assistance account for\\npurposes of providing financial assistance to residential health care\\nfacilities pursuant to subdivisions nineteen and twenty-one of section\\ntwenty-eight hundred eight of this article, from the tobacco control and\\ninsurance initiatives pool established for the following periods in the\\nfollowing amounts:\\n (i) for the period April first, two thousand two through December\\nthirty-first, two thousand two, ten million dollars;\\n (ii) for the period January first, two thousand three through December\\nthirty-first, two thousand three, nine million four hundred fifty\\nthousand dollars;\\n (iii) for the period January first, two thousand four through December\\nthirty-first, two thousand four, nine million three hundred fifty\\nthousand dollars;\\n (iv) up to fifteen million dollars for the period January first, two\\nthousand five through December thirty-first, two thousand five;\\n (v) up to fifteen million dollars for the period January first, two\\nthousand six through December thirty-first, two thousand six;\\n (vi) up to fifteen million dollars for the period January first, two\\nthousand seven through December thirty-first, two thousand seven;\\n (vii) up to fifteen million dollars for the period January first, two\\nthousand eight through December thirty-first, two thousand eight;\\n (viii) up to fifteen million dollars for the period January first, two\\nthousand nine through December thirty-first, two thousand nine;\\n (ix) up to fifteen million dollars for the period January first, two\\nthousand ten through December thirty-first, two thousand ten;\\n (x) up to three million seven hundred fifty thousand dollars for the\\nperiod January first, two thousand eleven through March thirty-first,\\ntwo thousand eleven; and\\n (xi) fifteen million dollars each state fiscal year for the period\\nApril first, two thousand eleven through March thirty-first, two\\nthousand fourteen.\\n (ii) Funds shall be deposited by the commissioner, within amounts\\nappropriated, and the state comptroller is hereby authorized and\\ndirected to receive for deposit to the credit of the state special\\nrevenue funds - other, HCRA transfer fund, medical assistance account,\\nor any successor fund or account, for the purpose of supporting the\\nstate share of Medicaid expenditures for disabled persons as authorized\\nby sections 1619 (a) and (b) of the federal social security act pursuant\\nto the tobacco control and insurance initiatives pool established for\\nthe following periods in the following amounts:\\n (i) six million four hundred thousand dollars for the period April\\nfirst, two thousand two through December thirty-first, two thousand two;\\n (ii) eight million five hundred thousand dollars, for the period\\nJanuary first, two thousand three through December thirty-first, two\\nthousand three;\\n (iii) eight million five hundred thousand dollars for the period\\nJanuary first, two thousand four through December thirty-first, two\\nthousand four;\\n (iv) eight million five hundred thousand dollars for the period\\nJanuary first, two thousand five through December thirty-first, two\\nthousand five;\\n (v) eight million five hundred thousand dollars for the period January\\nfirst, two thousand six through December thirty-first, two thousand six;\\n (vi) eight million six hundred thousand dollars for the period January\\nfirst, two thousand seven through December thirty-first, two thousand\\nseven;\\n (vii) eight million five hundred thousand dollars for the period\\nJanuary first, two thousand eight through December thirty-first, two\\nthousand eight;\\n (viii) eight million five hundred thousand dollars for the period\\nJanuary first, two thousand nine through December thirty-first, two\\nthousand nine;\\n (ix) eight million five hundred thousand dollars for the period\\nJanuary first, two thousand ten through December thirty-first, two\\nthousand ten;\\n (x) two million one hundred twenty-five thousand dollars for the\\nperiod January first, two thousand eleven through March thirty-first,\\ntwo thousand eleven;\\n (xi) eight million five hundred thousand dollars each state fiscal\\nyear for the period April first, two thousand eleven through March\\nthirty-first, two thousand fourteen;\\n (xii) eight million five hundred thousand dollars each state fiscal\\nyear for the period April first, two thousand fourteen through March\\nthirty-first, two thousand seventeen; and\\n (xiii) eight million five hundred thousand dollars each state fiscal\\nyear for the period April first, two thousand seventeen through March\\nthirty-first, two thousand twenty.\\n (jj) Funds shall be reserved and accumulated from year to year and\\nshall be available, including income from invested funds, for the\\npurposes of a grant program to improve access to infertility services,\\ntreatments and procedures, from the tobacco control and insurance\\ninitiatives pool established for the period January first, two thousand\\ntwo through December thirty-first, two thousand two in the amount of\\nnine million one hundred seventy-five thousand dollars, for the period\\nApril first, two thousand six through March thirty-first, two thousand\\nseven in the amount of five million dollars, for the period April first,\\ntwo thousand seven through March thirty-first, two thousand eight in the\\namount of five million dollars, for the period April first, two thousand\\neight through March thirty-first, two thousand nine in the amount of\\nfive million dollars, and for the period April first, two thousand nine\\nthrough March thirty-first, two thousand ten in the amount of five\\nmillion dollars, for the period April first, two thousand ten through\\nMarch thirty-first, two thousand eleven in the amount of two million two\\nhundred thousand dollars, and for the period April first, two thousand\\neleven through March thirty-first, two thousand twelve up to one million\\none hundred thousand dollars.\\n (kk) Funds shall be deposited by the commissioner, within amounts\\nappropriated, and the state comptroller is hereby authorized and\\ndirected to receive for deposit to the credit of the state special\\nrevenue funds -- other, HCRA transfer fund, medical assistance account,\\nor any successor fund or account, for purposes of funding the state\\nshare of Medical Assistance Program expenditures from the tobacco\\ncontrol and insurance initiatives pool established for the following\\nperiods in the following amounts:\\n (i) thirty-eight million eight hundred thousand dollars for the period\\nJanuary first, two thousand two through December thirty-first, two\\nthousand two;\\n (ii) up to two hundred ninety-five million dollars for the period\\nJanuary first, two thousand three through December thirty-first, two\\nthousand three;\\n (iii) up to four hundred seventy-two million dollars for the period\\nJanuary first, two thousand four through December thirty-first, two\\nthousand four;\\n (iv) up to nine hundred million dollars for the period January first,\\ntwo thousand five through December thirty-first, two thousand five;\\n (v) up to eight hundred sixty-six million three hundred thousand\\ndollars for the period January first, two thousand six through December\\nthirty-first, two thousand six;\\n (vi) up to six hundred sixteen million seven hundred thousand dollars\\nfor the period January first, two thousand seven through December\\nthirty-first, two thousand seven;\\n (vii) up to five hundred seventy-eight million nine hundred\\ntwenty-five thousand dollars for the period January first, two thousand\\neight through December thirty-first, two thousand eight; and\\n (viii) within amounts appropriated on and after January first, two\\nthousand nine.\\n (ll) Funds shall be deposited by the commissioner, within amounts\\nappropriated, and the state comptroller is hereby authorized and\\ndirected to receive for deposit to the credit of the state special\\nrevenue funds -- other, HCRA transfer fund, medical assistance account,\\nor any successor fund or account, for purposes of funding the state\\nshare of Medicaid expenditures related to the city of New York from the\\ntobacco control and insurance initiatives pool established for the\\nfollowing periods in the following amounts:\\n (i) eighty-two million seven hundred thousand dollars for the period\\nJanuary first, two thousand two through December thirty-first, two\\nthousand two;\\n (ii) one hundred twenty-four million six hundred thousand dollars for\\nthe period January first, two thousand three through December\\nthirty-first, two thousand three;\\n (iii) one hundred twenty-four million seven hundred thousand dollars\\nfor the period January first, two thousand four through December\\nthirty-first, two thousand four;\\n (iv) one hundred twenty-four million seven hundred thousand dollars\\nfor the period January first, two thousand five through December\\nthirty-first, two thousand five;\\n (v) one hundred twenty-four million seven hundred thousand dollars for\\nthe period January first, two thousand six through December\\nthirty-first, two thousand six;\\n (vi) one hundred twenty-four million seven hundred thousand dollars\\nfor the period January first, two thousand seven through December\\nthirty-first, two thousand seven;\\n (vii) one hundred twenty-four million seven hundred thousand dollars\\nfor the period January first, two thousand eight through December\\nthirty-first, two thousand eight;\\n (viii) one hundred twenty-four million seven hundred thousand dollars\\nfor the period January first, two thousand nine through December\\nthirty-first, two thousand nine;\\n (ix) one hundred twenty-four million seven hundred thousand dollars\\nfor the period January first, two thousand ten through December\\nthirty-first, two thousand ten;\\n (x) thirty-one million one hundred seventy-five thousand dollars for\\nthe period January first, two thousand eleven through March\\nthirty-first, two thousand eleven; and\\n (xi) one hundred twenty-four million seven hundred thousand dollars\\neach state fiscal year for the period April first, two thousand eleven\\nthrough March thirty-first, two thousand fourteen.\\n (mm) Funds shall be deposited by the commissioner, within amounts\\nappropriated, and the state comptroller is hereby authorized and\\ndirected to receive for deposit to the credit of the state special\\nrevenue funds - other, HCRA transfer fund, medical assistance account,\\nor any successor fund or account, for purposes of funding specified\\npercentages of the state share of services and expenses related to the\\nfamily health plus program in accordance with the following schedule:\\n (i) (A) for the period January first, two thousand three through\\nDecember thirty-first, two thousand four, one hundred percent of the\\nstate share;\\n (B) for the period January first, two thousand five through December\\nthirty-first, two thousand five, seventy-five percent of the state\\nshare; and\\n (C) for periods beginning on and after January first, two thousand\\nsix, fifty percent of the state share.\\n (ii) Funding for the family health plus program will include up to\\nfive million dollars annually for the period January first, two thousand\\nthree through December thirty-first, two thousand six, up to five\\nmillion dollars for the period January first, two thousand seven through\\nDecember thirty-first, two thousand seven, up to seven million two\\nhundred thousand dollars for the period January first, two thousand\\neight through December thirty-first, two thousand eight, up to seven\\nmillion two hundred thousand dollars for the period January first, two\\nthousand nine through December thirty-first, two thousand nine, up to\\nseven million two hundred thousand dollars for the period January first,\\ntwo thousand ten through December thirty-first, two thousand ten, up to\\none million eight hundred thousand dollars for the period January first,\\ntwo thousand eleven through March thirty-first, two thousand eleven, up\\nto six million forty-nine thousand dollars for the period April first,\\ntwo thousand eleven through March thirty-first, two thousand twelve, up\\nto six million two hundred eighty-nine thousand dollars for the period\\nApril first, two thousand twelve through March thirty-first, two\\nthousand thirteen, and up to six million four hundred sixty-one thousand\\ndollars for the period April first, two thousand thirteen through March\\nthirty-first, two thousand fourteen, for administration and marketing\\ncosts associated with such program established pursuant to clauses (A)\\nand (B) of subparagraph (v) of paragraph (a) of subdivision two of\\nsection three hundred sixty-nine-ee of the social services law from the\\ntobacco control and insurance initiatives pool established for the\\nfollowing periods in the following amounts:\\n (A) one hundred ninety million six hundred thousand dollars for the\\nperiod January first, two thousand three through December thirty-first,\\ntwo thousand three;\\n (B) three hundred seventy-four million dollars for the period January\\nfirst, two thousand four through December thirty-first, two thousand\\nfour;\\n (C) five hundred thirty-eight million four hundred thousand dollars\\nfor the period January first, two thousand five through December\\nthirty-first, two thousand five;\\n (D) three hundred eighteen million seven hundred seventy-five thousand\\ndollars for the period January first, two thousand six through December\\nthirty-first, two thousand six;\\n (E) four hundred eighty-two million eight hundred thousand dollars for\\nthe period January first, two thousand seven through December\\nthirty-first, two thousand seven;\\n (F) five hundred seventy million twenty-five thousand dollars for the\\nperiod January first, two thousand eight through December thirty-first,\\ntwo thousand eight;\\n (G) six hundred ten million seven hundred twenty-five thousand dollars\\nfor the period January first, two thousand nine through December\\nthirty-first, two thousand nine;\\n (H) six hundred twenty-seven million two hundred seventy-five thousand\\ndollars for the period January first, two thousand ten through December\\nthirty-first, two thousand ten;\\n (I) one hundred fifty-seven million eight hundred seventy-five\\nthousand dollars for the period January first, two thousand eleven\\nthrough March thirty-first, two thousand eleven;\\n (J) six hundred twenty-eight million four hundred thousand dollars for\\nthe period April first, two thousand eleven through March thirty-first,\\ntwo thousand twelve;\\n (K) six hundred fifty million four hundred thousand dollars for the\\nperiod April first, two thousand twelve through March thirty-first, two\\nthousand thirteen;\\n (L) six hundred fifty million four hundred thousand dollars for the\\nperiod April first, two thousand thirteen through March thirty-first,\\ntwo thousand fourteen; and\\n (M) up to three hundred ten million five hundred ninety-five thousand\\ndollars for the period April first, two thousand fourteen through March\\nthirty-first, two thousand fifteen.\\n (nn) Funds shall be deposited by the commissioner, within amounts\\nappropriated, and the state comptroller is hereby authorized and\\ndirected to receive for deposit to the credit of the state special\\nrevenue fund - other, HCRA transfer fund, health care services account,\\nor any successor fund or account, for purposes related to adult home\\ninitiatives for medicaid eligible residents of residential facilities\\nlicensed pursuant to section four hundred sixty-b of the social services\\nlaw from the tobacco control and insurance initiatives pool established\\nfor the following periods in the following amounts:\\n (i) up to four million dollars for the period January first, two\\nthousand three through December thirty-first, two thousand three;\\n (ii) up to six million dollars for the period January first, two\\nthousand four through December thirty-first, two thousand four;\\n (iii) up to eight million dollars for the period January first, two\\nthousand five through December thirty-first, two thousand five,\\nprovided, however, that up to five million two hundred fifty thousand\\ndollars of such funds shall be received by the comptroller and deposited\\nto the credit of the special revenue fund - other / aid to localities,\\nHCRA transfer fund - 061, enhanced community services account - 05, or\\nany successor fund or account, for the purposes set forth in this\\nparagraph;\\n (iv) up to eight million dollars for the period January first, two\\nthousand six through December thirty-first, two thousand six, provided,\\nhowever, that up to five million two hundred fifty thousand dollars of\\nsuch funds shall be received by the comptroller and deposited to the\\ncredit of the special revenue fund - other / aid to localities, HCRA\\ntransfer fund - 061, enhanced community services account - 05, or any\\nsuccessor fund or account, for the purposes set forth in this paragraph;\\n (v) up to eight million dollars for the period January first, two\\nthousand seven through December thirty-first, two thousand seven,\\nprovided, however, that up to five million two hundred fifty thousand\\ndollars of such funds shall be received by the comptroller and deposited\\nto the credit of the special revenue fund - other / aid to localities,\\nHCRA transfer fund - 061, enhanced community services account - 05, or\\nany successor fund or account, for the purposes set forth in this\\nparagraph;\\n (vi) up to two million seven hundred fifty thousand dollars for the\\nperiod January first, two thousand eight through December thirty-first,\\ntwo thousand eight;\\n (vii) up to two million seven hundred fifty thousand dollars for the\\nperiod January first, two thousand nine through December thirty-first,\\ntwo thousand nine;\\n (viii) up to two million seven hundred fifty thousand dollars for the\\nperiod January first, two thousand ten through December thirty-first,\\ntwo thousand ten; and\\n (ix) up to six hundred eighty-eight thousand dollars for the period\\nJanuary first, two thousand eleven through March thirty-first, two\\nthousand eleven.\\n (oo) Funds shall be reserved and accumulated from year to year and\\nshall be available, including income from invested funds, for purposes\\nof grants to non-public general hospitals pursuant to paragraph (e) of\\nsubdivision twenty-five of section twenty-eight hundred seven-c of this\\narticle from the tobacco control and insurance initiatives pool\\nestablished for the following periods in the following amounts:\\n (i) up to five million dollars on an annualized basis for the period\\nJanuary first, two thousand four through December thirty-first, two\\nthousand four;\\n (ii) up to five million dollars for the period January first, two\\nthousand five through December thirty-first, two thousand five;\\n (iii) up to five million dollars for the period January first, two\\nthousand six through December thirty-first, two thousand six;\\n (iv) up to five million dollars for the period January first, two\\nthousand seven through December thirty-first, two thousand seven;\\n (v) up to five million dollars for the period January first, two\\nthousand eight through December thirty-first, two thousand eight;\\n (vi) up to five million dollars for the period January first, two\\nthousand nine through December thirty-first, two thousand nine;\\n (vii) up to five million dollars for the period January first, two\\nthousand ten through December thirty-first, two thousand ten; and\\n (viii) up to one million two hundred fifty thousand dollars for the\\nperiod January first, two thousand eleven through March thirty-first,\\ntwo thousand eleven.\\n (pp) Funds shall be reserved and accumulated from year to year and\\nshall be available, including income from invested funds, for the\\npurpose of supporting the provision of tax credits for long term care\\ninsurance pursuant to subdivision one of section one hundred ninety of\\nthe tax law, paragraph (a) of subdivision twenty-five-a of section two\\nhundred ten of such law, subsection (aa) of section six hundred six of\\nsuch law, paragraph one of subsection (k) of section fourteen hundred\\nfifty-six of such law and paragraph one of subdivision (m) of section\\nfifteen hundred eleven of such law, in the following amounts:\\n (i) ten million dollars for the period January first, two thousand\\nfour through December thirty-first, two thousand four;\\n (ii) ten million dollars for the period January first, two thousand\\nfive through December thirty-first, two thousand five;\\n (iii) ten million dollars for the period January first, two thousand\\nsix through December thirty-first, two thousand six; and\\n (iv) five million dollars for the period January first, two thousand\\nseven through June thirtieth, two thousand seven.\\n (qq) Funds shall be reserved and accumulated from year to year and\\nshall be available, including income from invested funds, for the\\npurpose of supporting the long-term care insurance education and\\noutreach program established pursuant to section two hundred seventeen-a\\nof the elder law for the following periods in the following amounts:\\n (i) up to five million dollars for the period January first, two\\nthousand four through December thirty-first, two thousand four; of such\\nfunds one million nine hundred fifty thousand dollars shall be made\\navailable to the department for the purpose of developing, implementing\\nand administering the long-term care insurance education and outreach\\nprogram and three million fifty thousand dollars shall be deposited by\\nthe commissioner, within amounts appropriated, and the comptroller is\\nhereby authorized and directed to receive for deposit to the credit of\\nthe special revenue funds - other, HCRA transfer fund, long term care\\ninsurance resource center account of the state office for the aging or\\nany future account designated for the purpose of implementing the long\\nterm care insurance education and outreach program and providing the\\nlong term care insurance resource centers with the necessary resources\\nto carry out their operations;\\n (ii) up to five million dollars for the period January first, two\\nthousand five through December thirty-first, two thousand five; of such\\nfunds one million nine hundred fifty thousand dollars shall be made\\navailable to the department for the purpose of developing, implementing\\nand administering the long-term care insurance education and outreach\\nprogram and three million fifty thousand dollars shall be deposited by\\nthe commissioner, within amounts appropriated, and the comptroller is\\nhereby authorized and directed to receive for deposit to the credit of\\nthe special revenue funds - other, HCRA transfer fund, long term care\\ninsurance resource center account of the state office for the aging or\\nany future account designated for the purpose of implementing the long\\nterm care insurance education and outreach program and providing the\\nlong term care insurance resource centers with the necessary resources\\nto carry out their operations;\\n (iii) up to five million dollars for the period January first, two\\nthousand six through December thirty-first, two thousand six; of such\\nfunds one million nine hundred fifty thousand dollars shall be made\\navailable to the department for the purpose of developing, implementing\\nand administering the long-term care insurance education and outreach\\nprogram and three million fifty thousand dollars shall be made available\\nto the office for the aging for the purpose of providing the long term\\ncare insurance resource centers with the necessary resources to carry\\nout their operations;\\n (iv) up to five million dollars for the period January first, two\\nthousand seven through December thirty-first, two thousand seven; of\\nsuch funds one million nine hundred fifty thousand dollars shall be made\\navailable to the department for the purpose of developing, implementing\\nand administering the long-term care insurance education and outreach\\nprogram and three million fifty thousand dollars shall be made available\\nto the office for the aging for the purpose of providing the long term\\ncare insurance resource centers with the necessary resources to carry\\nout their operations;\\n (v) up to five million dollars for the period January first, two\\nthousand eight through December thirty-first, two thousand eight; of\\nsuch funds one million nine hundred fifty thousand dollars shall be made\\navailable to the department for the purpose of developing, implementing\\nand administering the long term care insurance education and outreach\\nprogram and three million fifty thousand dollars shall be made available\\nto the office for the aging for the purpose of providing the long term\\ncare insurance resource centers with the necessary resources to carry\\nout their operations;\\n (vi) up to five million dollars for the period January first, two\\nthousand nine through December thirty-first, two thousand nine; of such\\nfunds one million nine hundred fifty thousand dollars shall be made\\navailable to the department for the purpose of developing, implementing\\nand administering the long-term care insurance education and outreach\\nprogram and three million fifty thousand dollars shall be made available\\nto the office for the aging for the purpose of providing the long-term\\ncare insurance resource centers with the necessary resources to carry\\nout their operations;\\n (vii) up to four hundred eighty-eight thousand dollars for the period\\nJanuary first, two thousand ten through March thirty-first, two thousand\\nten; of such funds four hundred eighty-eight thousand dollars shall be\\nmade available to the department for the purpose of developing,\\nimplementing and administering the long-term care insurance education\\nand outreach program.\\n (rr) Funds shall be reserved and accumulated from the tobacco control\\nand insurance initiatives pool and shall be available, including income\\nfrom invested funds, for the purpose of supporting expenses related to\\nimplementation of the provisions of title III of article twenty-nine-D\\nof this chapter, for the following periods and in the following amounts:\\n (i) up to ten million dollars for the period January first, two\\nthousand six through December thirty-first, two thousand six;\\n (ii) up to ten million dollars for the period January first, two\\nthousand seven through December thirty-first, two thousand seven;\\n (iii) up to ten million dollars for the period January first, two\\nthousand eight through December thirty-first, two thousand eight;\\n (iv) up to ten million dollars for the period January first, two\\nthousand nine through December thirty-first, two thousand nine;\\n (v) up to ten million dollars for the period January first, two\\nthousand ten through December thirty-first, two thousand ten; and\\n (vi) up to two million five hundred thousand dollars for the period\\nJanuary first, two thousand eleven through March thirty-first, two\\nthousand eleven.\\n (ss) Funds shall be reserved and accumulated from the tobacco control\\nand insurance initiatives pool and used for a health care stabilization\\nprogram established by the commissioner for the purposes of stabilizing\\ncritical health care providers and health care programs whose ability to\\ncontinue to provide appropriate services are threatened by financial or\\nother challenges, in the amount of up to twenty-eight million dollars\\nfor the period July first, two thousand four through June thirtieth, two\\nthousand five. Notwithstanding the provisions of section one hundred\\ntwelve of the state finance law or any other inconsistent provision of\\nthe state finance law or any other law, funds available for distribution\\npursuant to this paragraph may be allocated and distributed by the\\ncommissioner, or the state comptroller as applicable without a\\ncompetitive bid or request for proposal process. Considerations relied\\nupon by the commissioner in determining the allocation and distribution\\nof these funds shall include, but not be limited to, the following: (i)\\nthe importance of the provider or program in meeting critical health\\ncare needs in the community in which it operates; (ii) the provider or\\nprogram provision of care to under-served populations; (iii) the quality\\nof the care or services the provider or program delivers; (iv) the\\nability of the provider or program to continue to deliver an appropriate\\nlevel of care or services if additional funding is made available; (v)\\nthe ability of the provider or program to access, in a timely manner,\\nalternative sources of funding, including other sources of government\\nfunding; (vi) the ability of other providers or programs in the\\ncommunity to meet the community health care needs; (vii) whether the\\nprovider or program has an appropriate plan to improve its financial\\ncondition; and (viii) whether additional funding would permit the\\nprovider or program to consolidate, relocate, or close programs or\\nservices where such actions would result in greater stability and\\nefficiency in the delivery of needed health care services or programs.\\n (tt) Funds shall be reserved and accumulated from year to year and\\nshall be available, including income from invested funds, for purposes\\nof providing grants for two long term care demonstration projects\\ndesigned to test new models for the delivery of long term care services\\nestablished pursuant to section twenty-eight hundred seven-x of this\\nchapter, for the following periods and in the following amounts:\\n (i) up to five hundred thousand dollars for the period January first,\\ntwo thousand four through December thirty-first, two thousand four;\\n (ii) up to five hundred thousand dollars for the period January first,\\ntwo thousand five through December thirty-first, two thousand five;\\n (iii) up to five hundred thousand dollars for the period January\\nfirst, two thousand six through December thirty-first, two thousand six;\\n (iv) up to one million dollars for the period January first, two\\nthousand seven through December thirty-first, two thousand seven; and\\n (v) up to two hundred fifty thousand dollars for the period January\\nfirst, two thousand eight through March thirty-first, two thousand\\neight.\\n (uu) Funds shall be reserved and accumulated from year to year and\\nshall be available, including income from invested funds, for the\\npurpose of supporting disease management and telemedicine demonstration\\nprograms authorized pursuant to section twenty-one hundred eleven of\\nthis chapter for the following periods in the following amounts:\\n (i) five million dollars for the period January first, two thousand\\nfour through December thirty-first, two thousand four, of which three\\nmillion dollars shall be available for disease management demonstration\\nprograms and two million dollars shall be available for telemedicine\\ndemonstration programs;\\n (ii) five million dollars for the period January first, two thousand\\nfive through December thirty-first, two thousand five, of which three\\nmillion dollars shall be available for disease management demonstration\\nprograms and two million dollars shall be available for telemedicine\\ndemonstration programs;\\n (iii) nine million five hundred thousand dollars for the period\\nJanuary first, two thousand six through December thirty-first, two\\nthousand six, of which seven million five hundred thousand dollars shall\\nbe available for disease management demonstration programs and two\\nmillion dollars shall be available for telemedicine demonstration\\nprograms;\\n (iv) nine million five hundred thousand dollars for the period January\\nfirst, two thousand seven through December thirty-first, two thousand\\nseven, of which seven million five hundred thousand dollars shall be\\navailable for disease management demonstration programs and one million\\ndollars shall be available for telemedicine demonstration programs;\\n (v) nine million five hundred thousand dollars for the period January\\nfirst, two thousand eight through December thirty-first, two thousand\\neight, of which seven million five hundred thousand dollars shall be\\navailable for disease management demonstration programs and two million\\ndollars shall be available for telemedicine demonstration programs;\\n (vi) seven million eight hundred thirty-three thousand three hundred\\nthirty-three dollars for the period January first, two thousand nine\\nthrough December thirty-first, two thousand nine, of which seven million\\nfive hundred thousand dollars shall be available for disease management\\ndemonstration programs and three hundred thirty-three thousand three\\nhundred thirty-three dollars shall be available for telemedicine\\ndemonstration programs for the period January first, two thousand nine\\nthrough March first, two thousand nine;\\n (vii) one million eight hundred seventy-five thousand dollars for the\\nperiod January first, two thousand ten through March thirty-first, two\\nthousand ten shall be available for disease management demonstration\\nprograms.\\n (ww) Funds shall be deposited by the commissioner, within amounts\\nappropriated, and the state comptroller is hereby authorized and\\ndirected to receive for the deposit to the credit of the state special\\nrevenue funds - other, HCRA transfer fund, medical assistance account,\\nor any successor fund or account, for purposes of funding the state\\nshare of the general hospital rates increases for recruitment and\\nretention of health care workers pursuant to paragraph (e) of\\nsubdivision thirty of section twenty-eight hundred seven-c of this\\narticle from the tobacco control and insurance initiatives pool\\nestablished for the following periods in the following amounts:\\n (i) sixty million five hundred thousand dollars for the period January\\nfirst, two thousand five through December thirty-first, two thousand\\nfive; and\\n (ii) sixty million five hundred thousand dollars for the period\\nJanuary first, two thousand six through December thirty-first, two\\nthousand six.\\n (xx) Funds shall be deposited by the commissioner, within amounts\\nappropriated, and the state comptroller is hereby authorized and\\ndirected to receive for the deposit to the credit of the state special\\nrevenue funds - other, HCRA transfer fund, medical assistance account,\\nor any successor fund or account, for purposes of funding the state\\nshare of the general hospital rates increases for rural hospitals\\npursuant to subdivision thirty-two of section twenty-eight hundred\\nseven-c of this article from the tobacco control and insurance\\ninitiatives pool established for the following periods in the following\\namounts:\\n (i) three million five hundred thousand dollars for the period January\\nfirst, two thousand five through December thirty-first, two thousand\\nfive;\\n (ii) three million five hundred thousand dollars for the period\\nJanuary first, two thousand six through December thirty-first, two\\nthousand six;\\n (iii) three million five hundred thousand dollars for the period\\nJanuary first, two thousand seven through December thirty-first, two\\nthousand seven;\\n (iv) three million five hundred thousand dollars for the period\\nJanuary first, two thousand eight through December thirty-first, two\\nthousand eight; and\\n (v) three million two hundred eight thousand dollars for the period\\nJanuary first, two thousand nine through November thirtieth, two\\nthousand nine.\\n (yy) Funds shall be reserved and accumulated from year to year and\\nshall be available, within amounts appropriated and notwithstanding\\nsection one hundred twelve of the state finance law and any other\\ncontrary provision of law, for the purpose of supporting grants not to\\nexceed five million dollars to be made by the commissioner without a\\ncompetitive bid or request for proposal process, in support of the\\ndelivery of critically needed health care services, to health care\\nproviders located in the counties of Erie and Niagara which executed a\\nmemorandum of closing and conducted a merger closing in escrow on\\nNovember twenty-fourth, nineteen hundred ninety-seven and which entered\\ninto a settlement dated December thirtieth, two thousand four for a loss\\non disposal of assets under the provisions of title XVIII of the federal\\nsocial security act applicable to mergers occurring prior to December\\nfirst, nineteen hundred ninety-seven.\\n (zz) Funds shall be reserved and accumulated from year to year and\\nshall be available, within amounts appropriated, for the purpose of\\nsupporting expenditures authorized pursuant to section twenty-eight\\nhundred eighteen of this article from the tobacco control and insurance\\ninitiatives pool established for the following periods in the following\\namounts:\\n (i) six million five hundred thousand dollars for the period January\\nfirst, two thousand five through December thirty-first, two thousand\\nfive;\\n (ii) one hundred eight million three hundred thousand dollars for the\\nperiod January first, two thousand six through December thirty-first,\\ntwo thousand six, provided, however, that within amounts appropriated in\\nthe two thousand six through two thousand seven state fiscal year, a\\nportion of such funds may be transferred to the Roswell Park Cancer\\nInstitute Corporation to fund capital costs;\\n (iii) one hundred seventy-one million dollars for the period January\\nfirst, two thousand seven through December thirty-first, two thousand\\nseven, provided, however, that within amounts appropriated in the two\\nthousand six through two thousand seven state fiscal year, a portion of\\nsuch funds may be transferred to the Roswell Park Cancer Institute\\nCorporation to fund capital costs;\\n (iv) one hundred seventy-one million five hundred thousand dollars for\\nthe period January first, two thousand eight through December\\nthirty-first, two thousand eight;\\n (v) one hundred twenty-eight million seven hundred fifty thousand\\ndollars for the period January first, two thousand nine through December\\nthirty-first, two thousand nine;\\n (vi) one hundred thirty-one million three hundred seventy-five\\nthousand dollars for the period January first, two thousand ten through\\nDecember thirty-first, two thousand ten;\\n (vii) thirty-four million two hundred fifty thousand dollars for the\\nperiod January first, two thousand eleven through March thirty-first,\\ntwo thousand eleven;\\n (viii) four hundred thirty-three million three hundred sixty-six\\nthousand dollars for the period April first, two thousand eleven through\\nMarch thirty-first, two thousand twelve;\\n (ix) one hundred fifty million eight hundred six thousand dollars for\\nthe period April first, two thousand twelve through March thirty-first,\\ntwo thousand thirteen;\\n (x) seventy-eight million seventy-one thousand dollars for the period\\nApril first, two thousand thirteen through March thirty-first, two\\nthousand fourteen.\\n (aaa) Funds shall be reserved and accumulated from year to year and\\nshall be available, including income from invested funds, for services\\nand expenses related to school based health centers, in an amount up to\\nthree million five hundred thousand dollars for the period April first,\\ntwo thousand six through March thirty-first, two thousand seven, up to\\nthree million five hundred thousand dollars for the period April first,\\ntwo thousand seven through March thirty-first, two thousand eight, up to\\nthree million five hundred thousand dollars for the period April first,\\ntwo thousand eight through March thirty-first, two thousand nine, up to\\nthree million five hundred thousand dollars for the period April first,\\ntwo thousand nine through March thirty-first, two thousand ten, up to\\nthree million five hundred thousand dollars for the period April first,\\ntwo thousand ten through March thirty-first, two thousand eleven, up to\\ntwo million eight hundred thousand dollars each state fiscal year for\\nthe period April first, two thousand eleven through March thirty-first,\\ntwo thousand fourteen, up to two million six hundred forty-four thousand\\ndollars each state fiscal year for the period April first, two thousand\\nfourteen through March thirty-first, two thousand seventeen, and up to\\ntwo million six hundred forty-four thousand dollars each state fiscal\\nyear for the period April first, two thousand seventeen through March\\nthirty-first, two thousand twenty. The total amount of funds provided\\nherein shall be distributed as grants based on the ratio of each\\nprovider's total enrollment for all sites to the total enrollment of all\\nproviders. This formula shall be applied to the total amount provided\\nherein.\\n (bbb) Funds shall be reserved and accumulated from year to year and\\nshall be available, including income from invested funds, for purposes\\nof awarding grants to operators of adult homes, enriched housing\\nprograms and residences through the enhancing abilities and life\\nexperience (EnAbLe) program to provide for the installation, operation\\nand maintenance of air conditioning in resident rooms, consistent with\\nthis paragraph, in an amount up to two million dollars for the period\\nApril first, two thousand six through March thirty-first, two thousand\\nseven, up to three million eight hundred thousand dollars for the period\\nApril first, two thousand seven through March thirty-first, two thousand\\neight, up to three million eight hundred thousand dollars for the period\\nApril first, two thousand eight through March thirty-first, two thousand\\nnine, up to three million eight hundred thousand dollars for the period\\nApril first, two thousand nine through March thirty-first, two thousand\\nten, and up to three million eight hundred thousand dollars for the\\nperiod April first, two thousand ten through March thirty-first, two\\nthousand eleven. Residents shall not be charged utility cost for the use\\nof air conditioners supplied under the EnAbLe program. All such air\\nconditioners must be operated in occupied resident rooms consistent with\\nrequirements applicable to common areas.\\n (ccc) Funds shall be deposited by the commissioner, within amounts\\nappropriated, and the state comptroller is hereby authorized and\\ndirected to receive for the deposit to the credit of the state special\\nrevenue funds - other, HCRA transfer fund, medical assistance account,\\nor any successor fund or account, for purposes of funding the state\\nshare of increases in the rates for certified home health agencies, long\\nterm home health care programs, AIDS home care programs, hospice\\nprograms and managed long term care plans and approved managed long term\\ncare operating demonstrations as defined in section forty-four hundred\\nthree-f of this chapter for recruitment and retention of health care\\nworkers pursuant to subdivisions nine and ten of section thirty-six\\nhundred fourteen of this chapter from the tobacco control and insurance\\ninitiatives pool established for the following periods in the following\\namounts:\\n (i) twenty-five million dollars for the period June first, two\\nthousand six through December thirty-first, two thousand six;\\n (ii) fifty million dollars for the period January first, two thousand\\nseven through December thirty-first, two thousand seven;\\n (iii) fifty million dollars for the period January first, two thousand\\neight through December thirty-first, two thousand eight;\\n (iv) fifty million dollars for the period January first, two thousand\\nnine through December thirty-first, two thousand nine;\\n (v) fifty million dollars for the period January first, two thousand\\nten through December thirty-first, two thousand ten;\\n (vi) twelve million five hundred thousand dollars for the period\\nJanuary first, two thousand eleven through March thirty-first, two\\nthousand eleven;\\n (vii) up to fifty million dollars each state fiscal year for the\\nperiod April first, two thousand eleven through March thirty-first, two\\nthousand fourteen;\\n (viii) up to fifty million dollars each state fiscal year for the\\nperiod April first, two thousand fourteen through March thirty-first,\\ntwo thousand seventeen; and\\n (ix) up to fifty million dollars each state fiscal year for the period\\nApril first, two thousand seventeen through March thirty-first, two\\nthousand twenty.\\n (ddd) Funds shall be deposited by the commissioner, within amounts\\nappropriated, and the state comptroller is hereby authorized and\\ndirected to receive for the deposit to the credit of the state special\\nrevenue funds - other, HCRA transfer fund, medical assistance account,\\nor any successor fund or account, for purposes of funding the state\\nshare of increases in the medical assistance rates for providers for\\npurposes of enhancing the provision, quality and/or efficiency of home\\ncare services pursuant to subdivision eleven of section thirty-six\\nhundred fourteen of this chapter from the tobacco control and insurance\\ninitiatives pool established for the following period in the amount of\\neight million dollars for the period April first, two thousand six\\nthrough December thirty-first, two thousand six.\\n (eee) Funds shall be reserved and accumulated from year to year and\\nshall be available, including income from invested funds, to the Center\\nfor Functional Genomics at the State University of New York at Albany,\\nfor the purposes of the Adirondack network for cancer education and\\nresearch in rural communities grant program to improve access to health\\ncare and shall be made available from the tobacco control and insurance\\ninitiatives pool established for the following period in the amount of\\nup to five million dollars for the period January first, two thousand\\nsix through December thirty-first, two thousand six.\\n (fff) Funds shall be made available to the empire state stem cell fund\\nestablished by section ninety-nine-p of the state finance law within\\namounts appropriated up to fifty million dollars annually and shall not\\nexceed five hundred million dollars in total.\\n (ggg) Funds shall be deposited by the commissioner, within amounts\\nappropriated, and the state comptroller is hereby authorized and\\ndirected to receive for deposit to the credit of the state special\\nrevenue fund - other, HCRA transfer fund, medical assistance account, or\\nany successor fund or account, for the purpose of supporting the state\\nshare of Medicaid expenditures for hospital translation services as\\nauthorized pursuant to paragraph (k) of subdivision one of section\\ntwenty-eight hundred seven-c of this article from the tobacco control\\nand initiatives pool established for the following periods in the\\nfollowing amounts:\\n (i) sixteen million dollars for the period July first, two thousand\\neight through December thirty-first, two thousand eight; and\\n (ii) fourteen million seven hundred thousand dollars for the period\\nJanuary first, two thousand nine through November thirtieth, two\\nthousand nine.\\n (hhh) Funds shall be deposited by the commissioner, within amounts\\nappropriated, and the state comptroller is hereby authorized and\\ndirected to receive for deposit to the credit of the state special\\nrevenue fund - other, HCRA transfer fund, medical assistance account, or\\nany successor fund or account, for the purpose of supporting the state\\nshare of Medicaid expenditures for adjustments to inpatient rates of\\npayment for general hospitals located in the counties of Nassau and\\nSuffolk as authorized pursuant to paragraph (l) of subdivision one of\\nsection twenty-eight hundred seven-c of this article from the tobacco\\ncontrol and initiatives pool established for the following periods in\\nthe following amounts:\\n (i) two million five hundred thousand dollars for the period April\\nfirst, two thousand eight through December thirty-first, two thousand\\neight; and\\n (ii) two million two hundred ninety-two thousand dollars for the\\nperiod January first, two thousand nine through November thirtieth, two\\nthousand nine.\\n (iii) Funds shall be reserved and set aside and accumulated from year\\nto year and shall be made available, including income from investment\\nfunds, for the purpose of supporting the New York state medical\\nindemnity fund as authorized pursuant to title four of article\\ntwenty-nine-D of this chapter, for the following periods and in the\\nfollowing amounts, provided, however, that the commissioner is\\nauthorized to seek waiver authority from the federal centers for\\nmedicare and Medicaid for the purpose of securing Medicaid federal\\nfinancial participation for such program, in which case the funding\\nauthorized pursuant to this paragraph shall be utilized as the\\nnon-federal share for such payments:\\n Thirty million dollars for the period April first, two thousand eleven\\nthrough March thirty-first, two thousand twelve.\\n 2. (a) For periods prior to January first, two thousand five, the\\ncommissioner is authorized to contract with the article forty-three\\ninsurance law plans, or such other contractors as the commissioner shall\\ndesignate, to receive and distribute funds from the tobacco control and\\ninsurance initiatives pool established pursuant to this section. In the\\nevent contracts with the article forty-three insurance law plans or\\nother commissioner's designees are effectuated, the commissioner shall\\nconduct annual audits of the receipt and distribution of such funds. The\\nreasonable costs and expenses of an administrator as approved by the\\ncommissioner, not to exceed for personnel services on an annual basis\\nfive hundred thousand dollars, for collection and distribution of funds\\npursuant to this section shall be paid from such funds.\\n (b) Notwithstanding any inconsistent provision of section one hundred\\ntwelve or one hundred sixty-three of the state finance law or any other\\nlaw, at the discretion of the commissioner without a competitive bid or\\nrequest for proposal process, contracts in effect for administration of\\npools established pursuant to sections twenty-eight hundred seven-k,\\ntwenty-eight hundred seven-l and twenty-eight hundred seven-m of this\\narticle for the period January first, nineteen hundred ninety-nine\\nthrough December thirty-first, nineteen hundred ninety-nine may be\\nextended to provide for administration pursuant to this section and may\\nbe amended as may be necessary.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2807-W", "title" : "High need indigent care adjustment pool", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2807-W", "activeDate" : "2014-09-22", "sequenceNo" : 1071, "repealedDate" : null, "fromSection" : "2807-W", "toSection" : "2807-W", "text" : " § 2807-w. High need indigent care adjustment pool. Funds allocated\\npursuant to paragraph (p) of subdivision one of section twenty-eight\\nhundred seven-v of this article, shall be deposited as authorized and\\nused for the purpose of making medicaid disproportionate share payments\\nof up to eighty-two million dollars on an annualized basis pursuant to\\nsubdivision twenty-one of section twenty-eight hundred seven-c of this\\narticle, for the period January first, two thousand through March\\nthirty-first, two thousand fourteen, in accordance with the following:\\n 1. From the funds in the pool each year: (a) Each eligible rural\\nhospital shall receive one hundred forty thousand dollars on an\\nannualized basis for the periods January first, two thousand through\\nDecember thirty-first, two thousand fourteen, provided as a\\ndisproportionate share payment; provided, however, that if such payment\\npursuant to this paragraph exceeds a hospital's applicable\\ndisproportionate share limit, then the total amount in excess of such\\nlimit shall be provided as a nondisproportionate share payment in the\\nform of a grant directly from this pool without allocation to the\\nspecial revenue funds - other, indigent care fund - 068, or any\\nsuccessor fund or account, and provided further that payments for\\nperiods on and after January first, two thousand nine shall be subject\\nto the provisions of subdivision five-a of section twenty-eight hundred\\nseven-k of this article;\\n (b) Each such hospital shall also receive an amount calculated by\\nmultiplying the facility's uncompensated care need by the appropriate\\npercentage from the following scale based on hospital rankings developed\\nin accordance with each eligible rural hospital's weight as defined by\\nthis section.\\n Rank Percentage Coverage of\\n Uncompensated Care Need\\n 1-9 60.0%\\n 10-17 52.5%\\n 18-25 45.0%\\n 26-33 37.5%\\n 34-41 30.0%\\n 42-49 22.5%\\n 50-57 15.0%\\n 58+ 7.5%\\n For purposes of calculating the distribution amount to an eligible\\nrural hospital which has merged with another hospital on or after\\nDecember thirty-first, nineteen hundred ninety-nine, and continues to be\\nan eligible rural hospital in accordance with paragraph (c) of this\\nsubdivision, such merged facility's uncompensated care need pursuant to\\nthis paragraph shall be calculated from data provided in the eligible\\nrural hospital's institutional cost report filed for the rate period two\\nyears prior to the distribution period, or if such report is not\\nrequired for such rural hospital, the distribution amount shall be based\\nupon the last institutional cost report required to be filed by such\\nrural hospital.\\n (c) \"Eligible rural hospital\", as used in this section, shall mean a\\ngeneral hospital that as of December thirty-first, nineteen hundred\\nninety-nine or thereafter, was classified as a rural hospital for\\npurposes of determining payment for inpatient services provided to\\nbeneficiaries of title XVIII of the federal social security act\\n(medicare) or under state regulations, or a general hospital, which\\nduring the same time period, had a service area which has an average\\npopulation of less than one hundred seventy-five persons per square\\nmile, or a general hospital which has a service area which has an\\naverage population of less than two hundred persons per square mile\\nmeasured as population density by zip code. The average population of\\nthe service area is calculated by multiplying annual patient discharges\\nby the population density per square mile of the county of origin or zip\\ncode as applicable for each patient discharge and dividing by total\\ndischarges. Annual patient discharges shall be determined using\\ndischarge data for the nineteen hundred ninety-seven rate year, as\\nreported to the commissioner by October first, nineteen hundred\\nninety-eight. Population density shall be determined utilizing United\\nStates census bureau data for nineteen hundred ninety-seven. If an\\neligible rural hospital merges with another general hospital, on or\\nafter December thirty-first, nineteen hundred ninety-nine, and the\\nmerger results in separate facilities operating under a single facility\\noperating certificate, such eligible rural hospital shall continue to be\\na separate eligible rural hospital for purposes of this subdivision and\\npayments provided in accordance with this section shall be made to the\\nmerged entity; provided, however, that payments shall only be made to\\nthe merged entity if such separate eligible rural hospital continues to\\nprovide inpatient and/or outpatient hospital services at the same\\nlocation at which it operated prior to the merger. If an eligible rural\\nhospital merges with another general hospital on or after December\\nthirty-first, nineteen hundred ninety-nine, and the merger results in\\nsuch rural hospital continuing to operate under a separate facility\\noperating certificate, such rural hospital will continue to be an\\neligible rural hospital after the merger; provided, however, that\\npayments shall only be made to such rural hospital if such eligible\\nrural hospital continues to provide inpatient and/or outpatient hospital\\nservices at the same location at which it is operated prior to the\\nmerger.\\n (d) \"Eligible rural hospital weight\", as used in this section, shall\\nmean the result of adding, for each eligible rural hospital:\\n (i) The eligible rural hospital's targeted need, as defined in section\\ntwenty-eight hundred seven-k of this article, minus the mean targeted\\nneed for all eligible rural hospitals, divided by the standard deviation\\nof the targeted need of all eligible rural hospitals; and\\n (ii) The mean number of beds of all eligible rural hospitals minus the\\nnumber of beds for an individual hospital, divided by the standard\\ndeviation of the number of beds for all eligible rural hospitals.\\n 2. From the funds in the pool each year, thirty-six million dollars on\\nan annualized basis for the periods January first, two thousand through\\nDecember thirty-first, two thousand fourteen, of the funds not\\ndistributed in accordance with subdivision one of this section, shall be\\ndistributed in accordance with the formula set forth in subdivision six\\nof section twenty-eight hundred seven-k of this article, provided,\\nhowever, that payments for periods on and after January first, two\\nthousand nine shall be subject to the provisions of subdivision five-a\\nof section twenty-eight hundred seven-k of this article.\\n 3. From the funds in the pool each year, any funds not distributed in\\naccordance with subdivision one or two of this section, shall be\\ndistributed in accordance with the formula set forth in paragraph (b) of\\nsubdivision four of section twenty-eight hundred seven-k of this\\narticle.\\n 4. In order for a general hospital to be eligible to participate in\\nthe distribution of funds pursuant to this section, such general\\nhospital must be in compliance with the provisions of subdivisions nine,\\nten and twelve of section twenty-eight hundred seven-k of this article.\\n 5. For each hospital receiving payments pursuant to paragraph (i) of\\nsubdivision thirty-five of section twenty-eight hundred seven-c of this\\narticle, the commissioner shall reduce the sum of any amounts paid\\npursuant to this section and pursuant to section twenty-eight hundred\\nseven-k of this article, as computed based on projected facility\\nspecific disproportionate share hospital ceilings, by an amount equal to\\nthe lower of such sum or each such hospital's payments pursuant to\\nparagraph (i) of subdivision thirty-five of section twenty-eight hundred\\nseven-c of this article, provided, however, that any additional\\naggregate reductions enacted in a chapter of the laws of two thousand\\nten to the aggregate amounts payable pursuant to this section and\\npursuant to section twenty-eight hundred seven-k of this article shall\\nbe applied subsequent to the adjustments otherwise provided for in this\\nsubdivision.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2807-X", "title" : "Grants for long term care demonstration projects", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2807-X", "activeDate" : "2014-09-22", "sequenceNo" : 1072, "repealedDate" : null, "fromSection" : "2807-X", "toSection" : "2807-X", "text" : " § 2807-x. Grants for long term care demonstration projects. 1. The\\ncommissioner shall establish three demonstration projects to develop,\\nevaluate and implement programs to test new models for the organization\\nand delivery of long term care services to encourage community based\\nprograms and smaller residential health care models in order to promote\\nconsumer choice, improve the efficiency and appropriateness of the use\\nof state and federal resources and ensure the recruitment, retention and\\ntraining of health care staff to adequately meet the needs of a\\ncommunity and residential long term care system. Notwithstanding the\\nprovisions of section one hundred twelve of the state finance law or any\\nother inconsistent provision of the state finance law or any other law,\\nfunds available for distribution pursuant to this section may be\\nallocated and distributed by the commissioner without a competitive bid\\nor request for proposal process.\\n (a) The following factors shall be considered in approving each\\ndemonstration project respectively:\\n (i) Residential health care demonstration project. (A) the extent to\\nwhich there is a reduction in the need for skilled nursing beds for a\\nfacility that is eligible to replace its existing skilled nursing\\nfacility; (B) the potential to design and develop more appropriate\\nsmaller residential health care facilities as an alternative to\\nreplacing an existing skilled nursing facility; (C) the extent to which\\nthe quality, efficiency and continuity of care will be promoted and\\nprovided for by the development of integrated long-term care services in\\nthe community; (D) the extent to which the project will provide training\\nto health care workers to appropriately staff new community based models\\nof long term care; (E) demonstrate the involvement and support of\\nworkforce in the program redesign; (F) the development of a new\\nlong-term care reimbursement methodology that encourages care in the\\nleast restrictive setting and adequately reflects the resources needed\\nto serve consumers in each level of long term care; (G) and the\\nincorporation of a research component designed to evaluate the project.\\n (ii) Community based care demonstration project. (A) the extent to\\nwhich there is a reduction in the need for skilled nursing facility beds\\non a countywide basis; (B) the development of a new system to inform\\nrecently admitted residents of skilled nursing facilities of the\\navailability of community long-term care options; (C) the extent to\\nwhich the discharge planning program from skilled nursing facilities\\nwill inform, assist and maximize freedom of choice to consumers who\\nchoose to move back to the community; (D) the extent to which the\\nproject will develop community based long term care services, including\\nfunding for the recruitment and retention of direct care health care\\nworkers necessary to increase community based services; (E) the extent\\nto which the project will provide training to health care staff; and (F)\\nthe incorporation of a research component designed to evaluate the\\nprojects.\\n (iii) Managed long term care project. (A) the extent to which a\\ncurrent operator of skilled nursing facilities possesses the necessary\\nauthorizations through a related entity to assume risk and receive\\ncapitated payments, pursuant to titles 18 and 19 of the federal social\\nsecurity act, for the purpose of providing and arranging for the care of\\nindividuals eligible for admission to a skilled nursing facility, (B)\\nthe extent to which such services to individuals eligible for benefits\\npursuant to both titles 18 and 19 of the federal social security act\\nwill be provided through the capitated rate, (C) the extent to which the\\nquality, efficiency and continuity of care will be promoted and provided\\nfor by the development of integrated long-term care services in the\\ncommunity, (D) the extent to which the project sponsor will directly or\\nindirectly in association with a joint labor management program, provide\\nfor training of health care workers to appropriately staff community\\nbased models of long-term care; and (E) the incorporation of a research\\ncomponent designed to evaluate the project, with specific reference to\\nthe determination of cost savings to the state, the quality of and\\nsatisfaction with services provided to consumers and their families and\\nthe satisfaction of direct care workers, with a report of the project's\\nprogress and findings submitted annually to the commissioner.\\n 2. The commissioner is authorized to waive, modify or suspend the\\nrespective provisions of rules and regulations promulgated pursuant to\\nthis chapter if the commissioner determines that such waiver is\\nnecessary or appropriate for the successful implementation of a\\ndemonstration project and when the health, safety, and general welfare\\nof persons receiving services under such demonstration project will not\\nbe impaired as a result of such waiver, modification or suspension,\\nprovided however, that for the managed long term care project pursuant\\nto subparagraph (iii) of paragraph (a) of subdivision one of this\\nsection, the method for setting the capitated rate of payment under\\ntitle 19 of the federal social security act shall be consistent with the\\nmethod used for all managed long term care plans authorized under\\nsubdivision eight of section forty-four hundred three-f of the public\\nhealth law.\\n 3. The commissioner is authorized to seek federal waivers pursuant to\\ntitles XVIII and XIX of the federal social security act when such\\nwaivers are necessary to develop cost-effective long term care\\ndemonstration projects.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2807-Y", "title" : "Pool administration", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-05-01", "2024-05-03" ], "docLevelId" : "2807-Y", "activeDate" : "2015-05-01", "sequenceNo" : 1073, "repealedDate" : null, "fromSection" : "2807-Y", "toSection" : "2807-Y", "text" : " § 2807-y. Pool administration. 1. For periods on and after January\\nfirst, two thousand five, the commissioner is authorized to contract\\nwith the article forty-three insurance law plans, or such other\\ncontractors as the commissioner shall designate, to receive and\\ndistribute funds from the allowances and assessments established\\npursuant to:\\n (a) subdivision eighteen of section twenty-eight hundred seven-c of\\nthis article;\\n (b) section twenty-eight hundred seven-j of this article;\\n (c) section twenty-eight hundred seven-s of this article;\\n (d) section twenty-eight hundred seven-t of this article;\\n (e) section twenty-eight hundred seven-v of this article;\\n (f) section twenty-eight hundred seven-d of this article;\\n (g) section thirty-six hundred fourteen-a of this chapter; and\\n (h) section three hundred sixty-seven-i of the social services law.\\n 2. In the event contracts with the article forty-three insurance law\\nplans or other commissioner's designees are effectuated, the\\ncommissioner shall conduct annual audits of the receipt and distribution\\nof the funds and beginning January first, two thousand sixteen shall\\nprovide records of all revenues and disbursements made from allocations\\nand assessments listed in subdivision one of this section to the\\ntemporary president of the senate and speaker of the assembly on an\\nannual basis.\\n 3. The reasonable costs and expenses of an administrator as approved\\nby the commissioner, not to exceed for personnel services on an annual\\nbasis four million five hundred fifty thousand dollars, increased\\nannually by the lower of the consumer price index or five percent, for\\ncollection and distribution of allowances and assessments set forth in\\nsubdivision one of this section, shall be paid from the allowance and\\nassessment funds.\\n 4. Notwithstanding any inconsistent provision of section one hundred\\ntwelve or one hundred sixty-three of the state finance law or any other\\nlaw, at the discretion of the commissioner without a competitive bid or\\nrequest for proposal process, contracts in effect for administration of\\nthe allowances and assessments set forth in subdivision one of this\\nsection for the period January first, two thousand four through December\\nthirty-first, two thousand four may be extended to provide for\\nadministration of the allowances and assessments pursuant to this\\nsection and amended as necessary.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2807-Z", "title" : "Review of eligible federally qualified health center capital projects", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2807-Z", "activeDate" : "2014-09-22", "sequenceNo" : 1074, "repealedDate" : null, "fromSection" : "2807-Z", "toSection" : "2807-Z", "text" : " § 2807-z. Review of eligible federally qualified health center capital\\nprojects. 1. Notwithstanding any provision of this chapter or\\nregulations or any other state law or regulation, for any eligible\\ncapital project as defined in subdivision six of this section, the\\ndepartment shall have thirty days of receipt of the certificate of need\\napplication for a limited or administrative review to deem such\\napplication complete. If the department determines the application is\\nincomplete or that more information is required, the department shall\\nnotify the applicant in writing within thirty days of the date of the\\napplication's submission, and the applicant shall have twenty business\\ndays to provide additional information or otherwise correct the\\ndeficiency in the application.\\n 2. For an eligible capital project requiring a limited or\\nadministrative review, within ninety days of the department deeming the\\napplication complete, the department shall make a decision to approve or\\ndisapprove the certificate of need application for such project. If the\\ndepartment determines to disapprove the project, the basis for such\\ndisapproval shall be provided in writing; however, disapproval shall not\\nbe based on the incompleteness of the application. If the department\\nfails to take action to approve or disapprove the application within\\nninety days of the certificate of need application being deemed\\ncomplete, the application will be deemed approved.\\n 3. For an eligible capital project requiring full review by the\\ncouncil, the certificate of need application shall be placed on the next\\ncouncil agenda following the department deeming the application\\ncomplete.\\n 4. Where the commissioner or department requires the applicant to\\nsubmit a contingency submission for an eligible capital project, the\\ncommissioner or department shall have thirty days to review and approve\\nor disapprove the contingency submission. If the commissioner or\\ndepartment determines that the contingency submission is incomplete, it\\nshall so notify the applicant in writing and provide the applicant with\\nten business days to correct the deficiency or provide additional\\ninformation. If the commissioner or department determines to disapprove\\nthe contingency submission, the basis for such disapproval shall be\\nprovided in writing; however, disapproval shall not be based on the\\nincompleteness of the application. Within fifteen days of complete\\ncontingency satisfaction, the commissioner or department shall transmit\\nthe final approval letter to the applicant.\\n 5. The department shall develop expedited pre-opening survey processes\\nfor eligible capital projects approved under this section, but under no\\ncircumstances shall pre-opening survey reviews be scheduled later than\\nthirty days after final approval, construction completion and\\nnotification of such completion of the department.\\n 6. Definitions. For the purposes of this section the following terms\\nshall be defined as follows:\\n (a) \"Eligible capital project\" shall mean:\\n (i) A project that does not involve the establishment of a new\\noperator pursuant to section twenty-eight hundred one-a of this article,\\nwith a total budget of three million dollars or more funded, in whole or\\nin part, with federal monies pursuant to section 330 of the Public\\nHealth Service (PHS), 42 USC 254b, as amended; or\\n (ii) A project that does not involve the establishment of a new\\noperator pursuant to section twenty-eight hundred one-a of this article,\\nwith a total budget of three million dollars or more funded, in whole or\\nin part, with federal monies pursuant to the federal Capital\\nDevelopment-Building Capacity (CD-BC) Grant Program and Immediate\\nFacility Improvements (CD-IFI) Grant Program, as authorized by the\\nPatient Protection and Affordable Care Act (Affordable Care Act)((P.L.\\n111-148), Section 10503(c)).\\n (b) \"Budget\" shall mean the budget for the capital project.\\n 7. Capital projects, with a total budget of less than three million\\ndollars that do not involve the establishment of a new operator pursuant\\nto section twenty-eight hundred one-a of this article, funded in whole\\nor in part through section 330 of the Public Health Service (PHS), 42\\nUSC 254b, as amended, or through the federal Capital\\nDevelopment-Building Capacity (CD-BC) Grant Program and Immediate\\nFacility Improvements (CD-IFI) Grant Program, as authorized by the\\nPatient Protection and Affordable Care Act (Affordable Care Act)((P.L.\\n111-148), Section 10503(c)), shall not be subject to the requirements\\nset forth in this section or any other law or regulation regarding\\ncertificate of need process or requirements.\\n 8. For capital projects exempt from certificate of need requirements\\npursuant to subdivision seven of this section, the department shall (a)\\nestablish mechanisms to account for the capital costs of such projects\\nin the applicant's rate of payment by governmental agencies established\\npursuant to section twenty-eight hundred seven of this article; (b)\\nestablish licensure requirements for such facility, which shall include\\npayment of the fees specified at subdivision seven of section\\ntwenty-eight hundred two of this article; and (c) deem such facilities\\neligible for uncompensated care reimbursement made available pursuant to\\nsection seven of chapter four hundred thirty-three of the laws of\\nnineteen hundred ninety-seven, as amended by section seventy-five of\\nchapter one of the laws of nineteen hundred ninety-nine.\\n 9. The commissioner shall promulgate regulations, and may promulgate\\nemergency regulations, to implement the provisions of this section. To\\nthe extent that the commissioner has not promulgated such regulations,\\nprojects that would otherwise be exempt from certificate of need\\nrequirements may be processed, at the option of the applicant, in\\naccordance with statutes and regulations governing the certificate of\\nneed process.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2808", "title" : "Residential health care facilities; rates of payment", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2014-10-03", "2015-04-10", "2015-05-01", "2017-04-28", "2018-04-20", "2018-04-27", "2018-07-06", "2019-04-19", "2020-04-17", "2021-06-18", "2022-04-22", "2022-11-18", "2023-02-10", "2023-05-12", "2023-06-23", "2024-04-26", "2024-05-03", "2025-01-03", "2025-05-16", "2025-12-26", "2026-02-27", "2026-06-05" ], "docLevelId" : "2808", "activeDate" : "2019-04-19", "sequenceNo" : 1075, "repealedDate" : null, "fromSection" : "2808", "toSection" : "2808", "text" : " § 2808. Residential health care facilities; rates of payment.\\n 1-a. Notwithstanding sections one hundred twelve and one hundred\\nsixty-three of the state finance law and any other inconsistent\\nprovision of law, the commissioner shall make grants to public\\nresidential health care facilities without a competitive bid or request\\nfor proposal process for the purposes of addressing the overall\\nincreases in input costs borne by such facilities. Such modifications\\nshall also be primarily intended to promote the provision of quality\\nhealth care, quality operation, updated technology and improved staff\\ndevelopment and support by such facilities. Such grants shall be in the\\nfollowing aggregate amounts for the following periods: five million for\\nthe period April first, two thousand six through March thirty-first, two\\nthousand seven; fifteen million for the period April first, two thousand\\nseven through March thirty-first, two thousand eight; and ten million\\nfor the period April first, two thousand eight through March\\nthirty-first, two thousand nine.\\n The amount allocated to each eligible public residential health care\\nfacility for each period shall be calculated as the result of (i) the\\ntotal payment for each period multiplied by (ii) the ratio of patient\\ndays for patients eligible for medical assistance pursuant to title\\neleven of article five of the social services law provided by the public\\nresidential health care facility, divided by the total of such patient\\ndays summed for all eligible public residential health care facilities.\\nGrants under this subdivision shall be made on a quarterly basis.\\n * 2. (a) The commissioner, with the approval of the state hospital\\nreview and planning council, shall promulgate regulations to be\\neffective the first day of January, nineteen hundred seventy-eight,\\nrelating the rate of payment for each residential health care facility\\nto real property costs.\\n (b) Such regulations may differentiate based upon the form of\\nownership of the facility, and shall provide for consideration of such\\nfactors as the age, size, location and condition of the facility.\\n (c) For facilities granted operating certificates prior to March\\ntenth, nineteen hundred seventy-five, the real property costs shall be\\ncomputed upon a cost valuation basis of the facility as determined by\\nthe commissioner, who, subject to the approval of the director of the\\nbudget, may provide exceptions in circumstances where he finds that\\napplication of the regulations would result in excessive reimbursement\\nor in severe economic hardship to the facility not caused by\\ncircumstances reasonably under the control of the facility.\\n (d) For facilities granted operating certificates on or after March\\ntenth, nineteen hundred seventy-five, recognition of real property costs\\nin such regulations shall be based upon historical costs to the owner of\\nthe facility, provided that payment for real property costs shall not be\\nin excess of the actual debt service, including principal and interest,\\nand payment with respect to owner's equity. For purposes of this\\nsubdivision, owner's equity shall be calculated without regard to any\\nsurplus created by revaluation of assets and shall not include amounts\\nresulting from mortgage amortization where the payment therefor has been\\nprovided by real property cost reimbursement.\\n (e) All transactions, including leases and mortgages, which are not\\nbona fide and reasonable shall be disregarded.\\n * NB Expired December 31, 1978\\n 2-a. (a) The commissioner, with the approval of the state hospital\\nreview and planning council, shall promulgate regulations to be\\neffective the first day of January, nineteen hundred seventy-nine,\\nrelating the rate of payment for each residential health care facility\\nto real property costs.\\n (b) Such regulations may differentiate based upon the form of\\nownership of the facility, and shall provide for consideration of such\\nfactors as the age, size, location and condition of the facility.\\n (c) For facilities granted operating certificates prior to March\\ntenth, nineteen hundred seventy-five, the real property costs shall be\\ncomputed upon a cost valuation basis of the facility as determined by\\nthe commissioner, who, subject to the approval of the director of the\\nbudget, may provide exceptions in circumstances where he finds that\\napplication of the regulations would result in excessive reimbursement\\nor in severe economic hardship to the facility not caused by\\ncircumstances reasonably under the control of the facility.\\n * (d) For facilities granted operating certificates on or after March\\ntenth, nineteen hundred seventy-five, recognition of real property costs\\nin such regulations shall be based upon historical costs to the owner of\\nthe facility, provided that payment for real property costs shall not be\\nin excess of the actual debt service, including principal and interest,\\nand payment with respect to owner's equity, and further provided that,\\nsubject to federal financial participation, and subject to the approval\\nof the commissioner, effective April first, two thousand fifteen, the\\ncommissioner may modify such payments for real property costs for\\npurposes of effectuating a shared savings program, whereby facilities\\nshare a minimum of fifty percent of savings, for facilities that elect\\nto refinance their mortgage loans. For purposes of this subdivision,\\nowner's equity shall be calculated without regard to any surplus created\\nby revaluation of assets and shall not include amounts resulting from\\nmortgage amortization where the payment therefor has been provided by\\nreal property cost reimbursement.\\n * NB Effective until March 31, 2020\\n * (d) For facilities granted operating certificates on or after March\\ntenth, nineteen hundred seventy-five, recognition of real property costs\\nin such regulations shall be based upon historical costs to the owner of\\nthe facility, provided that payment for real property costs shall not be\\nin excess of the actual debt service, including principal and interest,\\nand payment with respect to owner's equity. For purposes of this\\nsubdivision, owner's equity shall be calculated without regard to any\\nsurplus created by revaluation of assets and shall not include amounts\\nresulting from mortgage amortization where the payment therefor has been\\nprovided by real property cost reimbursement.\\n * NB Effective March 31, 2020\\n (e) All transactions, including leases and mortgages, which are not\\nbona fide and reasonable shall be disregarded.\\n 2-b. Notwithstanding any inconsistent provision of this section, or\\nany other contrary provision of law and subject to the availability of\\nfederal financial participation, the operating cost component of rates\\nof payment by governmental agencies for inpatient services provided on\\nand after January first, two thousand seven by residential health care\\nfacilities shall be in accordance with the following:\\n (a) (i) Subject to the provisions of subparagraphs (ii) through (vi)\\nof this paragraph, for the two thousand seven rate period the operating\\ncost component of rates of payment shall reflect the operating cost\\ncomponent of rates effective for October first, two thousand six, as\\nadjusted for inflation in accordance with paragraph (c) of subdivision\\nten of section twenty-eight hundred seven-c of this article; and for the\\nJanuary first, two thousand eight through March thirty-first, two\\nthousand nine rate period the operating cost component of rates of\\npayment shall reflect the operating cost component of rates effective\\nfor December thirty-first, two thousand six, as adjusted for inflation\\nin accordance with paragraph (c) of subdivision ten of section\\ntwenty-eight hundred seven-c of this article.\\n (ii) Rates for the periods two thousand seven and two thousand eight\\nshall be further adjusted by a per diem add-on amount, as determined by\\nthe commissioner, reflecting the proportional amount of each facility's\\nprojected Medicaid benefit to the total projected Medicaid benefit for\\nall facilities of the imputed use of the rate-setting methodology set\\nforth in paragraph (b) of this subdivision, provided, however, that for\\nthose facilities that do not receive a per diem add-on adjustment\\npursuant to this subparagraph, rates shall be further adjusted to\\ninclude the proportionate benefit, as determined by the commissioner, of\\nthe expiration of the opening paragraph and paragraph (a) of subdivision\\nsixteen of this section and of paragraph (a) of subdivision fourteen of\\nthis section, provided, further, however, that the aggregate total of\\nthe rate adjustments made pursuant to this subparagraph shall not exceed\\none hundred thirty-seven million five hundred thousand dollars for the\\ntwo thousand seven rate period and one hundred sixty-seven million five\\nhundred thousand dollars for the two thousand eight rate period and\\nprovided further, however, that such rate adjustments as made pursuant\\nto this subparagraph prior to two thousand twelve shall not be subject\\nto subsequent adjustment or reconciliation.\\n (iii) Revisions to two thousand six rates occurring on and after\\nJanuary first, two thousand seven, shall be annually incorporated,\\nretroactively and prospectively, into two thousand seven and two\\nthousand eight rates on or about November thirtieth, two thousand seven\\nand November thirtieth, two thousand eight, respectively.\\n (iv) The capital cost component of rates pursuant to this paragraph\\nshall fully reflect the cost of local property taxes and payments made\\nin lieu of local property taxes, as reported in each facility's cost\\nreport submitted for the year two years prior to the rate year.\\n (v) Rates for the two thousand seven and two thousand eight rate\\nperiods, as computed pursuant to this paragraph, shall not be subject to\\ncase mix adjustment, provided, however, that a facility may, in\\naccordance with its existing full house schedule of submission of\\npatient review instruments, submit data in support of a request for a\\nrate adjustment to reflect an increased facility case mix equal to or\\ngreater than .05, provided further, however, that such a facility will\\nbe required to continue to make such full house submissions in\\naccordance with its existing submission schedule for rate periods up\\nthrough December thirty-first, two thousand eight.\\n (vi) For the period January first, two thousand seven through December\\nthirty-first, two thousand eight, notwithstanding any contrary provision\\nof law or regulation, voluntary facilities shall not be required to\\ndeposit reimbursement received for depreciation expenses into a\\nsegregated depreciation fund account.\\n (b) (i) (A) Subject to the provisions of subparagraphs (ii) through\\n(xiv) of this paragraph, for periods on and after April first, two\\nthousand nine the operating cost component of rates of payment shall\\nreflect allowable operating costs as reported in each facility's cost\\nreport for the two thousand two calendar year, as adjusted for inflation\\non an annual basis in accordance with the methodology set forth in\\nparagraph (c) of subdivision ten of section twenty-eight hundred seven-c\\nof this article, provided, however, that for those facilities which are\\ndetermined by the commissioner to be qualifying facilities in accordance\\nwith the provisions of clause (B) of this subparagraph, rates shall be\\nfurther adjusted to include the proportionate benefit, as determined by\\nthe commissioner, of the expiration of the opening paragraph and\\nparagraph (a) of subdivision sixteen of this section and of paragraph\\n(a) of subdivision fourteen of this section, and provided further that\\nthe operating cost component of rates of payment for those facilities\\nwhich are determined by the commissioner to be qualifying facilities in\\naccordance with the provisions of clause (B) of this subparagraph shall\\nnot be less than the operating component such facilities received in the\\ntwo thousand eight rate period, as adjusted for inflation on an annual\\nbasis in accordance with the methodology set forth in paragraph (c) of\\nsubdivision ten of section twenty-eight hundred seven-c of this article\\nand further provided, however, that rates for facilities whose operating\\ncost component reflects base year costs subsequent to January first, two\\nthousand two shall have rates computed in accordance with this\\nparagraph, utilizing allowable operating costs as reported in such\\nsubsequent base year period, and trended forward to the rate year in\\naccordance with applicable inflation factors.\\n (B) For the purposes of this subparagraph qualifying facilities are\\nthose facilities for which the commissioner determines that their\\nreported two thousand two base year operating cost component, as defined\\nin accordance with the regulations of the department as set forth in 10\\nNYCRR 86-2.10(a)(7); is less than the operating component such\\nfacilities received in the two thousand eight rate period, as adjusted\\nby applicable trend factors.\\n (ii) The operating component of rates shall be subject to case mix\\nadjustment through application of the relative resource utilization\\ngroups system of patient classification (RUG-III) employed by the\\nfederal government with regard to payments to skilled nursing facilities\\npursuant to title XVIII of the federal social security act (Medicare),\\nas revised by regulation to reflect New York state wages and fringe\\nbenefits, provided, however, that such RUG-III classification system\\nweights shall be increased in the following amounts for the following\\ncategories of residents: (A) thirty minutes for the impaired cognition A\\ncategory, (B) forty minutes for the impaired cognition B category, and\\n(C) twenty-five minutes for the reduced physical functions B category.\\nSuch adjustments shall be made in January and July of each calendar\\nyear. Such adjustments and related patient classifications in each\\nfacility shall be subject to audit review in accordance with regulations\\npromulgated by the commissioner.\\n (iii) Specified adjustments to the operating component of rates in\\neffect for periods prior to January first, two thousand nine, with\\nregard to extended care for persons with traumatic brain injury and for\\nthe cost of providing hepatitis B vaccinations shall continue on and\\nafter January first, two thousand nine.\\n (iv) The capital cost component of rates on and after January first,\\ntwo thousand nine shall fully reflect the cost of local property taxes\\nand payments made in lieu of local property taxes, as reported in each\\nfacility's cost report submitted for the year two years prior to the\\nrate year.\\n (v) The direct component of the operating component of rates of\\npayment shall include allowable direct therapy costs and associated\\noverhead costs and shall exclude administrative overhead costs related\\nto pharmacy services and the costs of non-prescription drugs and\\nsupplies, which shall be reflected in facility rates as non-comparable\\ncosts.\\n (vi) For purposes of computing peer group cost ceilings for the direct\\nand indirect component of the operating component of rates, facilities\\nshall be organized into peer groups consisting of: (A) free-standing\\nfacilities with certified bed capacities of less than three hundred\\nbeds; (B) free-standing facilities with certified bed capacities of\\nthree hundred beds or more; and (C) hospital based facilities.\\n (vii) In determining the operating cost component of rates, for each\\npeer group, a corridor shall be developed around the statewide mean\\ndirect and indirect price per day, provided, however, that the corridor\\naround each mean direct and indirect price per day shall have a base no\\nless than eighty-five percent and no greater than ninety percent of each\\nmean direct and indirect price per day and a ceiling no greater than one\\nhundred fifteen percent and no less than one hundred ten percent of each\\nmean direct and indirect price per day, and further provided, however,\\nthat the total financial impact of the application of the ceiling shall\\nbe substantially equal to the total financial impact of the application\\nof the base.\\n (viii) The operating component of rates shall be adjusted to reflect a\\nper diem add-on amount of eight dollars, trended forward to reflect\\napplicable inflation factors from two thousand six to two thousand nine\\nand prospectively thereafter, for each patient who: (A) qualifies under\\nboth the RUG-III impaired cognition and the behavioral problems\\ncategories, or (B) has been diagnosed with Alzheimer's disease or\\ndementia, is classified in the reduced physical functions A, B or C, or\\nin behavioral problems A or B categories, and has an activities of daily\\nliving index score of ten or less.\\n (ix) The operating component of rates shall be adjusted to reflect a\\nper diem add-on amount of seventeen dollars, trended forward to reflect\\napplicable inflation factors from two thousand six to two thousand nine\\nand prospectively thereafter, for each patient whose body mass index is\\ngreater than thirty-five.\\n (x) For periods on and after January first, two thousand nine,\\nnotwithstanding any contrary provision of law or regulation, voluntary\\nfacilities shall not be required to deposit reimbursement received for\\ndepreciation expenses into a segregated depreciation fund account.\\n (xi) Public facilities, and non-public facilities with fewer than\\neighty certified beds, which have a facility specific direct adjusted\\npayment price per day equal to the ceiling direct price per day shall\\nhave such direct adjusted payment price per day further adjusted through\\nthe addition of fifty percent of the difference between the facility's\\nspecific direct cost per day and the ceiling direct price per day.\\nPublic facilities, and non-public facilities with fewer than eighty\\ncertified beds, which have a facility specific indirect adjusted payment\\nprice per day equal to the ceiling indirect price per day shall have\\nsuch indirect adjusted payment price per day further adjusted through\\nthe addition of fifty percent of the difference between the facility's\\nspecific indirect cost per day and the ceiling indirect price per day.\\nSuch adjustments to direct and indirect adjusted payment prices per day\\nshall be increased to the rate year by application of the applicable\\ninflation factor and adjusted by the regional direct and indirect input\\nprice adjustment factors calculated pursuant to subdivision seventeen of\\nthis section.\\n (xii) Public facilities shall receive rates that are consistent with\\nthe provisions of this paragraph, provided, however, that in no event\\nshall such rates, in aggregate, exceed the amount permitted under\\nfederal upper payment limits applicable to public facilities. In the\\nevent such public facilities are, pursuant to this subparagraph, subject\\nto limitations on such rates, the commissioner shall make grants from\\nstate funds to such facilities equal to one-half of the additional\\namount that such facilities would have received if such limitations had\\nnot been applied.\\n (xiii) The appointment of a receiver or the establishment of a new\\noperator or replacement or renovation of an existing facility on or\\nafter January first, two thousand seven shall not result in a revision\\nto the operating component of the facility's rates for any rate period\\nthrough December thirty-first, two thousand eleven, provided, however,\\nthat the provisions of this subparagraph shall not apply to a facility\\nwhich has a certificate of need application filed with the department as\\nof December thirty-first, two thousand six, which is subsequently\\napproved and which otherwise meets existing department criteria for the\\nestablishment of a new base year for rate-setting purposes.\\n (xiv) The commissioner may promulgate regulations, including emergency\\nregulations, to implement the provisions of this paragraph.\\n (c) In order to ensure that the quality of resident care is maintained\\nand improved for rate periods on and after January first, two thousand\\nseven, no less than sixty-five percent of the additional Medicaid\\nreimbursement received by a residential health care facility that is\\nattributable to the per-diem add-on amount received pursuant to\\nsubparagraph (ii) of paragraph (a) of this subdivision or, for rate\\nperiods on and after January first, two thousand nine, that is related\\nto utilization of two thousand two reported base year costs, as compared\\nto the reimbursement each such facility would have received had such\\nfacility's Medicaid reimbursement rates continued to reflect base year\\ncosts used with regard to such facility's two thousand six rates, shall\\nbe allocated for the purpose of recruitment and retention of\\nnon-supervisory workers or any worker with direct resident care\\nresponsibility or for purposes authorized under the nursing home quality\\nimprovement demonstration program as established by section twenty-eight\\nhundred eight-d of this article, provided, however, in no circumstance\\nshall facilities be required to spend more than seventy-five percent of\\nsuch funds for these purposes, and provided further, the commissioner is\\nauthorized to audit each such facility for the purpose of ensuring\\ncompliance with the provisions of this paragraph and shall recoup any\\namount determined to have been in contravention of the requirements of\\nthis paragraph, provided, however, that, upon application of a facility,\\nthe commissioner may, after determining that other funds are not\\navailable, waive the application of this paragraph insofar as it is\\ndetermined by the commissioner that additional funds must be expended by\\nsuch facility to correct deficiencies that constitute a threat to\\nresident safety.\\n (d) Cost reports submitted by residential health care facilities for\\nthe two thousand two calendar year or any part thereof shall,\\nnotwithstanding any contrary provision of law, be subject to audit\\nthrough December thirty-first, two thousand eighteen and facilities\\nshall retain for the purpose of such audits all fiscal and statistical\\nrecords relevant to such cost reports, provided, however, that any such\\naudit commenced on or before December thirty-first, two thousand\\neighteen, may be completed and used for the purpose of adjusting any\\nMedicaid rates which utilize such costs.\\n (e) For rate periods subsequent to two thousand nine which utilize\\nreported costs from a base year subsequent to two thousand two, the\\nfollowing categories of facilities, as established pursuant to\\napplicable regulations, shall receive rates that are no less than\\nequivalent, as determined by the commissioner, to the rates that were in\\neffect for such facilities on December thirty-first, two thousand six,\\ntrended forward for inflation to the applicable rate period: (A) AIDS\\nfacilities or discrete AIDS units within facilities, (B) discrete units\\nfor residents receiving care in a long term inpatient rehabilitation\\nprogram for traumatic brain injured persons, (C) discrete units for long\\nterm ventilator dependent residents, (D) discrete units providing\\nspecialized programs for residents requiring behavioral interventions,\\nand (E) facilities or discrete units within facilities that provide\\nextensive nursing, medical, psychological and counseling support\\nservices solely to children.\\n (f) The operating component of Medicaid rates of payment shall, by no\\nlater than the two thousand twelve rate period, be based on allowable\\ncosts, as reported on annual facility cost reports, from a base year\\nperiod no earlier than three years prior to the initial rate year, and\\nthen trended forward by applicable inflation factors. Thereafter, the\\nbase year utilized for rate-setting purposes shall be updated to be\\ncurrent no less frequently than every six years provided, however, that\\nfor the purposes of this paragraph, current shall mean that the\\noperating components of the initial rate year utilizing such updated\\nbase year shall reflect allowable costs as reported in annual facility\\ncost reports for periods no earlier than three years prior to such\\ninitial rate year and then trended forward to the rate year in\\naccordance with applicable inflation factors.\\n (g) Notwithstanding any contrary provision of this subdivision or any\\nother contrary provision of law, rule or regulation, rates of payment\\nfor inpatient services provided on and after April first, two thousand\\nnine by residential health care facilities shall, except for the\\nestablishment of any statewide or any peer group base, mean or ceiling\\nprices per day, be calculated utilizing only the number of patients\\nproperly assessed and reported in each patient classification group and\\neligible for medical assistance pursuant to title eleven of article five\\nof the social services law.\\n (h) Notwithstanding any contrary provision of law and subject to the\\navailability of federal financial participation, for the period April\\nfirst, two thousand eleven through June thirtieth, two thousand eleven,\\nthe non-capital components of rates shall be subject to a uniform\\npercentage reduction sufficient to reduce such rates by an aggregate\\namount of twenty-seven million one hundred thousand dollars, and\\nprovided further, however, that such reductions shall be disregarded in\\ncomputations made pursuant to section two of part D of chapter\\nfifty-eight of the laws of two thousand nine, as amended.\\n 2-c. (a) Notwithstanding any inconsistent provision of this section or\\nany other contrary provision of law and subject to the availability of\\nfederal financial participation, the non-capital component of rates of\\npayment by governmental agencies for inpatient services provided by\\nresidential health care facilities on or after October first, two\\nthousand eleven, but no later than January first, two thousand twelve,\\nshall reflect a direct statewide price component, and indirect statewide\\nprice component, and a facility specific non-comparable component,\\nutilizing allowable operating costs for a base year as determined by the\\ncommissioner by regulation. Such rate components shall be periodically\\nupdated to reflect changes in operating costs.\\n (b) The direct and indirect statewide price components shall be\\nadjusted by a wage equalization factor and such other factors as\\ndetermined to be appropriate to recognize legitimate cost differentials\\nand the direct statewide price component shall be subject to a case mix\\nadjustment utilizing the patients that are eligible for medical\\nassistance pursuant to title eleven of article five of the social\\nservices law. Such wage equalization factor shall be periodically\\nupdated to reflect current labor market conditions.\\n (c) The non-capital component of the rates for: (i) AIDS facilities or\\ndiscrete AIDS units within facilities; (ii) discrete units for residents\\nreceiving care in a long-term inpatient rehabilitation program for\\ntraumatic brain injured persons; (iii) discrete units providing\\nspecialized programs for residents requiring behavioral interventions;\\n(iv) discrete units for long-term ventilator dependent residents; and\\n(v) facilities or discrete units within facilities that provide\\nextensive nursing, medical, psychological and counseling support\\nservices solely to children shall reflect the rates in effect for such\\nfacilities on January first, two thousand nine, as adjusted for\\ninflation and rate appeals in accordance with applicable statutes,\\nprovided, however, that such rates for facilities described in\\nsubparagraph (i) of this paragraph shall reflect the application of the\\nprovisions of section twelve of part D of chapter fifty-eight of the\\nlaws of two thousand nine, and provided further, however, that insofar\\nas such rates reflect trend adjustments for trend factors attributable\\nto the two thousand eight and two thousand nine calendar years the\\naggregate amount of such trend factor adjustments shall be subject to\\nthe provisions of section two of part D of chapter fifty-eight of the\\nlaws of two thousand nine, as amended.\\n (d) The commissioner shall promulgate regulations, and may promulgate\\nemergency regulations, to implement the provisions of this subdivision.\\nSuch regulations shall be developed in consultation with the nursing\\nhome industry and advocates for residential health care facility\\nresidents and, further, the commissioner shall provide notification\\nconcerning such regulations to the chairs of the senate and assembly\\nhealth committees, the chair of the senate finance committee and the\\nchair of the assembly ways and means committee. Such regulations shall\\ninclude provisions for rate adjustments or payment enhancements to\\nfacilitate a minimum four-year transition of facilities to the\\nrate-setting methodology established by this subdivision and may also\\ninclude, but not be limited to, provisions for facilitating quality\\nimprovements in residential health care facilities. For purposes of\\nfacilitating quality improvements through the establishment of a nursing\\nhome quality pool, those facilities that contribute to the quality pool,\\nbut are deemed ineligible for quality pool payments due exclusively to a\\nspecific case of employee misconduct, shall nevertheless be eligible for\\na quality pool payment if the facility properly reported the incident,\\ndid not receive a survey citation from the commissioner or the Centers\\nfor Medicare and Medicaid Services establishing the facility's\\nculpability with regard to such misconduct and, but for the specific\\ncase of employee misconduct, the facility would have otherwise received\\na quality pool payment. Regulations pertaining to the facilitation of\\nquality improvement may be made effective for periods on and after\\nJanuary first, two thousand thirteen.\\n (e) With the exception of those enrollees covered under a payment rate\\nmethodology agreement negotiated with a residential health care\\nfacility, payments for inpatient residential health care facility\\nservices provided to patients eligible for medical assistance pursuant\\nto title eleven of article five of the social services law made by\\norganizations operating in accordance with the provisions of article\\nforty-four of this chapter or by health maintenance organizations\\norganized and operating in accordance with article forty-three of the\\ninsurance law, shall be the rates of payment that would be paid for such\\npatients under the medical assistance program as determined pursuant to\\nthis section and subdivision ten of section twenty-eight hundred seven-d\\nof this article and as in effect at the time such services were\\nprovided. The provisions of this paragraph shall not apply to payments\\nfor patients whose placement in a residential health care facility is\\nfor the purpose of receiving time-limited rehabilitation, to be followed\\nby discharge from the facility, during the period such time-limited\\nservices are provided.\\n (f) The commissioner shall establish a prospective per diem adjustment\\nfor all nursing homes, other than nursing homes providing services\\nprimarily to children under the age of twenty-one, beginning April\\nfirst, two thousand seventeen and each year thereafter sufficient to\\nachieve eighteen million dollars in savings in each state fiscal year.\\n * (g) Notwithstanding any other provision of law or regulation to the\\ncontrary, any residential health care facility established pursuant to\\nthis article located in a county with a population of more than\\nseventy-two thousand and less then seventy-five thousand persons based\\non the two thousand ten federal census, and operating between one\\nhundred ten and one hundred thirty beds, being reimbursed by the\\ndepartment on a fee-for-services basis, shall be reimbursed at a rate of\\nno less than one hundred seventeen percent of the fee-for-service rate\\nof reimbursement calculated pursuant to this section for that facility\\nfor inpatient services provided on or after March first, two thousand\\neighteen.\\n * NB There are 2 par (g)'s\\n * (g) The commissioner shall reduce Medicaid revenue to a residential\\nhealth care facility in a payment year by two percent if in each of the\\ntwo most recent payment years for which New York state nursing home\\nquality initiative data is available, the facility was ranked in the\\nlowest two quintiles of facilities based on its nursing home quality\\ninitiative performance, and was ranked in the lowest quintile in the\\nmost recent payment year. The commissioner shall waive the application\\nof this paragraph to a facility if the commissioner determines that the\\nfacility is in financial distress.\\n * NB There are 2 par (g)'s\\n 2-d. Residential health care facility supplemental payments.\\nNotwithstanding any inconsistent provision of law, rule or regulation\\nand subject to the availability of federal financial participation, for\\nthe period May first, two thousand eleven through May thirty-first, two\\nthousand eleven, the commissioner shall adjust inpatient medicaid rates\\nof payment established pursuant to this article for eligible residential\\nhealth care facilities in accordance with the following:\\n (a) Rate adjustments made pursuant to this subdivision shall be in the\\nform of rate add-ons and shall not exceed an aggregate amount of two\\nhundred twenty-one million three hundred thousand dollars.\\n (b) Eligible facilities are those facilities which the commissioner\\ndetermines have experienced a net reduction in their inpatient Medicaid\\nreimbursement for the period April first, two thousand nine through\\nMarch thirty-first, two thousand eleven as a result of the following:\\n (i) inpatient rate adjustments made pursuant to paragraph (b) of\\nsubdivision two-b of this section;\\n (ii) use of the case mix methodology described in paragraph (g) of\\nsubdivision two-b of this section;\\n (iii) inpatient rate adjustments made pursuant to section two of part\\nD of chapter fifty-eight of the laws of two thousand nine, as amended.\\n (c) The following eligible facilities shall receive rate adjustments\\npursuant to this subdivision equal to one hundred percent of their net\\nreimbursement reduction as computed by the commissioner in accordance\\nwith paragraph (b) of this subdivision:\\n (i) facilities that have been determined by the commissioner as being\\neligible for distributions of amounts available for the two thousand\\nnine period as provided in subdivision twenty-one of this section;\\n (ii) non-public facilities whose total operating losses equal or\\nexceed five percent of total operating revenue and whose medicaid\\nutilization equals or exceeds seventy percent, based on either their two\\nthousand nine cost report or based on the otherwise most recently\\navailable cost report, as determined by the commissioner;\\n (iii) facilities or distinct units of facilities providing inpatient\\nservices primarily to children under the age of twenty-one.\\n (d) Eligible facilities, other than eligible facilities described in\\nparagraph (c) of this subdivision, shall receive rate adjustments\\npursuant to this subdivision equal to fifty percent of their net\\nreimbursement reduction as computed by the commissioner in accordance\\nwith paragraph (b) of this subdivision.\\n (e) Eligible facilities as described in paragraph (d) of this\\nsubdivision which, as determined by the commissioner, after application\\nof the rate adjustments authorized by paragraph (d) of this subdivision,\\nremain subject to a net reduction in their inpatient Medicaid revenue\\nthat is in excess of two percent, as measured with regard to the\\nnon-capital components of facility inpatient rates in effect on March\\nthirty-first, two thousand nine as computed prior to the application of\\ntrend factor adjustments attributable to the two thousand eight and two\\nthousand nine calendar years, shall have their rates further adjusted\\nsuch that such net reduction does not exceed such two percent.\\n (f) Eligible facilities as described in paragraph (d) of this\\nsubdivision which, as determined by the commissioner, have experienced a\\nnet reduction in their inpatient rates of more than six million dollars\\nas a result of the application of the factor described in subparagraph\\n(iii) of paragraph (b) of this subdivision shall after application of\\nthe provisions of paragraph (e) of this subdivision, have their rates\\nfurther adjusted such that any such net reduction remaining after the\\napplication of the other provisions of this subdivision is reduced to\\nzero.\\n (g) In computing net reductions of medicaid reimbursement pursuant to\\nparagraph (b) of this subdivision the commissioner shall:\\n (i) disregard the impact of case mix adjustments as otherwise\\nscheduled for July first, two thousand ten; and,\\n (ii) disregard the impact of any rate adjustments issued on or after\\nJanuary first, two thousand eleven, including adjustments to rate\\nperiods prior to January first, two thousand eleven.\\n (h) Payments made pursuant to this subdivision shall not be subject to\\nsubsequent adjustment or reconciliation and, further, the computation\\nand application of limitations on medicaid rates of payment as described\\nin section two of part D of chapter fifty-eight of the laws of two\\nthousand nine, as amended, and as applicable to the rate periods\\ndescribed in paragraph (a) of this subdivision, shall disregard payments\\nmade pursuant to this subdivision.\\n (i) Additional rate adjustments shall be made pursuant to this\\nsubdivision to eligible facilities in the form of rate add-ons for the\\nperiod May first, two thousand eleven through May thirty-first, two\\nthousand eleven which shall in aggregate be equal to twenty-five percent\\nof the aggregate amount described in paragraph (a) of this subdivision\\nand which shall be distributed to each eligible facility in the same\\nproportion as the total distributions otherwise received by each\\nfacility pursuant to this subdivision.\\n (j) The commissioner may, with the approval of the director of the\\nbudget, and subject to the identification of sufficient nursing home\\nrelated medicaid savings to offset the expenditures authorized by this\\nparagraph, make additional rate adjustments pursuant to this subdivision\\nto eligible facilities in the form of rate add-ons for the period\\nDecember first, two thousand eleven through December thirty-first, two\\nthousand eleven which shall in aggregate be equal to twelve and\\nfive-tenths percent of the aggregate amount described in paragraph (a)\\nof this subdivision and which shall be distributed to each eligible\\nfacility in the same proportion as the total distributions otherwise\\nreceived by each facility pursuant to this subdivision.\\n 3. The commissioner, with the approval of the state hospital review\\nand planning council, shall promulgate regulations to be effective the\\nfirst day of January, nineteen hundred seventy-eight, which shall relate\\nthe rate of payment to the efficient operation and program management of\\nthe facility, as well as to the quality of patient care provided by the\\nfacility. Such regulations shall be consistent with the requirements of\\nsubdivision three of section twenty-eight hundred seven of this chapter\\nand with federal laws and regulations.\\n 4. The commissioner, in determining and certifying to the director of\\nthe budget the rates of payment to residential health care facilities,\\nshall exclude the following costs: (a) contributions or other payments\\nto political parties, candidates or organizations; (b) direct or\\nindirect costs incurred for advertising or promotion except as allowed\\nby the commissioner; (c) costs incurred for the promotion or opposition,\\ndirectly or indirectly, of the passage of bills or resolutions pending\\nbefore or passed by a legislative body of any jurisdiction; (d) costs\\nwhich principally afford diversion, entertainment or amusement to their\\nowners, operators or employees not properly related to patient care or\\ntreatment; (e) any penalty imposed by governmental agencies or courts,\\nand the costs of policies obtained solely to insure against the\\nimposition of such a penalty; and (f) costs incurred by the residential\\nhealth care facility to obtain the security required under the\\nprovisions of section twenty-eight hundred nine of this chapter.\\n 5. (a) Any operator withdrawing equity or assets from a hospital\\noperated for profit so as to create or increase a negative net worth or\\nwhen the hospital is in a negative net worth position, calculated\\nwithout regard to any surplus created by revaluation of assets, must\\nobtain the prior approval of the commissioner in accordance with\\nregulations promulgated by the commissioner with the approval of the\\nstate hospital review and planning council. The commissioner shall make\\na determination to approve or disapprove a request for withdrawal of\\nequity or assets under this subdivision within sixty days of the date of\\nthe receipt of such a request. Requests shall be made in a form\\nacceptable to the department by certified or registered mail. In\\naddition to any other remedy or penalty available under this chapter,\\nand after opportunity for a hearing, the commissioner may require\\nreplacement of the withdrawn equity or assets and may impose a penalty\\nfor violation of the provisions of this subdivision, relating to\\nwithdrawing equity or assets, or the regulations promulgated thereunder,\\nin an amount not to exceed ten percent of any amount withdrawn without\\nprior approval. No facility shall enter into a real property mortgage or\\nlease transaction without thirty days prior notice in writing to the\\ncommissioner.\\n (b) On and after April first, two thousand ten, no non-public\\nresidential health care facility may withdraw equity or transfer assets\\nwhich in the aggregate exceed three percent of such facility's total\\nreported annual revenue for patient care services, based on the\\nfacility's most recently available reported data, without prior written\\nnotification to the commissioner. Notification shall be made in a form\\nacceptable to the department by certified or registered mail.\\n (c) Notwithstanding any inconsistent provision of this subdivision, on\\nand after April first, two thousand ten, no non-public residential\\nhealth care facility, whether operated as a for-profit facility or as a\\nnot-for-profit facility, may withdraw equity or transfer assets which in\\nthe aggregate exceed three percent of such facility's total reported\\nannual revenue for patient care services, based on the facility's most\\nrecently available reported data, without the prior written approval of\\nthe commissioner. The commissioner shall make a determination to approve\\nor disapprove a request for withdrawal of equity or assets under this\\nsubdivision within sixty days of the date of the receipt of a written\\nrequest from the facility. Requests shall be made in a form acceptable\\nto the department by certified or registered mail. In reviewing such\\nrequests the commissioner shall consider the facility's overall\\nfinancial condition, any indications of financial distress, whether the\\nfacility is delinquent in any payment owed to the department, whether\\nthe facility has been cited for immediate jeopardy or substandard\\nquality of care, and such other factors as the commissioner deems\\nappropriate. In addition to any other remedy or penalty available under\\nthis chapter, and after opportunity for a hearing, the commissioner may\\nrequire replacement of the withdrawn equity or assets and may impose a\\npenalty for violation of the provisions of this subdivision in an amount\\nnot to exceed ten percent of any amount withdrawn without prior\\napproval.\\n * 6. Prior to the approval by the state hospital review and planning\\ncouncil of any regulations promulgated pursuant to this section, the\\ncommissioner shall convene a public hearing, upon at least seven days\\nnotice, to consider the proposed regulations. The commissioner shall\\ninclude a summary of the comments made at such hearing in a report to\\nthe state hospital review and planning council at the meeting at which\\nit considers the regulations for approval.\\n * NB Expired December 31, 1985\\n * 7. The commissioner may assess an annual fee on each residential\\nhealth care facility to be used to reimburse any first instance\\nappropriation for the purpose of making payments to receivers pursuant\\nto subdivision three of section twenty-eight hundred ten of this\\narticle. Such fee shall not exceed thirty dollars per bed certified\\npursuant to this article, and shall be a reimbursable expense for the\\npurposes of determining rates of payment made by government agencies.\\nThe reimbursement rate for a facility must reflect the cost of the\\nannual fee prior to requiring that the facility pay the fee. The\\ncommissioner shall seek to obtain federal approval to include such fee\\nas a reimbursable expense for purposes of computing reimbursement rates\\npursuant to title XVIII of the federal social security act.\\n * NB (Effective pending Federal Law - Expired December 31, 1983)\\n 8. Every lease or lease renewal executed on or after September first,\\nnineteen hundred eighty-six between a landlord and the operator of a\\nresidential health care facility shall contain a provision terminating\\nany interest the operator of such facility may have in any lease of\\npremises used for the operation of such facility after the public health\\ncouncil has approved the establishment of a new operator. Nothing herein\\nshall be construed to affect any interest such operator may have in any\\nmovable equipment located on the premises of the facility. In the event\\nany lease or lease renewal executed on or after September first,\\nnineteen hundred eighty-six fails to contain the termination provision\\nrequired by this subdivision, the lease or lease renewal shall be deemed\\nto be terminated upon the public health council approval of a new\\noperator. The commissioner, the landlord, or the new operator shall be\\nentitled to maintain a summary proceeding to recover possession of the\\nreal property in any court of competent jurisdiction upon such\\ntermination.\\n 9. Trend factors. (a) The commissioner, in accordance with the\\nmethodology developed by the consultants pursuant to paragraph (b) of\\nthis subdivision, shall establish trend factors to project for the\\neffect of inflation. The factors shall be applied to the appropriate\\nportion of reimbursable costs of residential health care facilities. The\\nmethodology for developing the trend factor shall include the\\nappropriate external price indicators and shall also include the data\\nfrom major collective bargaining agreements as reported quarterly by the\\nfederal department of labor, bureau of labor statistics, for\\nnonsupervisory employees.\\n (b) The methodology shall be developed by four independent consultants\\nwith expertise in health economics appointed by the commissioner\\npursuant to paragraph (b) of subdivision ten of section twenty-eight\\nhundred seven-c of this chapter. On or about September first of each\\nyear following the effective date of this subdivision, the consultants\\nshall provide to the commissioner and the council the methodology to be\\nused to determine the trend factors for subsequent rate periods only,\\nbeginning with the nine month period commencing April first, nineteen\\nhundred ninety-one and for subsequent twelve month periods commencing\\nJanuary first, nineteen hundred ninety-two and thereafter. The\\ncommissioner shall monitor the actual price movements during these\\nperiods of the external price indicators used in the methodology, shall\\nreport the results of the monitoring to the consultants and shall\\nimplement the recommendations of the consultants for one prospective\\ninterim annual adjustment to the trend factors to reflect such price\\nmovements and to be effective on January first, one year after the\\ninitial trend factor was established and one prospective final annual\\nadjustment to the trend factors to reflect such price movements and to\\nbe effective on January first, two years after the initial trend factor\\nwas established.\\n 10. Subject to the availability of funds, the provisions of clause (B)\\nof subparagraph (iii) of paragraph (e) of subdivision one of section\\ntwenty-eight hundred seven-c of this article shall apply to residential\\nhealth care facilities.\\n 11. Residential health care facility reimbursement rate promulgation.\\nWith regard to a residential health care facility, the provisions of\\nsubdivision seven of section twenty-eight hundred seven of this article\\nrelating to advance notification of rates shall not apply to prospective\\nor retroactive adjustments to rates that are based on rate appeals filed\\nby such facility, audits, changes in patient conditions or acuity\\nlevels, the correction of errors or omissions of data or errors in the\\ncomputations of such rates, the submission of cost report data from\\nfacilities without an established cost basis, the judicial annulment or\\ninvalidation of existing rates or changes in the methodology used to\\ncompute rates which changes are promulgated following the judicial\\nannulment or invalidation of existing rates or as otherwise authorized\\nby law. Notwithstanding any inconsistent provision of law or regulation,\\nas of April first, two thousand nine, with regard to administrative rate\\nappeals, the department will only review such appeals for (a) the\\ncorrection of computational errors or omissions of data by the\\ndepartment in determining the operating rate based upon the information\\nprovided to the department prior to the computation of the rate, (b)\\ncapital cost reimbursement, or (c) such reasons as the commissioner\\ndetermines are appropriate. The department will not consider any\\nrevisions made to a facility's annual cost report for operating rate\\nadjustment purpose later than the due date established by the\\ncommissioner.\\n 12. (a) Notwithstanding any inconsistent provision of law or\\nregulation, the commissioner shall increase rates of payment established\\npursuant to this article for non-state operated public residential\\nhealth care facilities in an aggregate amount not to exceed one hundred\\nmillion dollars in additional reimbursement for payments for services\\nprovided during the period July first, nineteen hundred ninety-five\\nthrough March thirty-first, nineteen hundred ninety-six. The\\ncommissioner may adopt rules and regulations necessary to implement this\\nparagraph.\\n (b) Notwithstanding any inconsistent provision of law or regulation,\\nthe commissioner shall provide, in addition to payments established\\npursuant to this article prior to application of this section,\\nadditional payments under the medical assistance program pursuant to\\ntitle eleven of article five of the social services law for non-state\\noperated public residential health care facilities, excluding public\\nresidential health care facilities operated by a town or city within a\\ncounty, in an aggregate amount of two hundred fifty-seven million\\ndollars in additional payments in the period August first, nineteen\\nhundred ninety-six through March thirty-first, nineteen hundred\\nninety-seven.\\n (c) Notwithstanding any inconsistent provision of law or regulation,\\nthe commissioner shall provide, in addition to payments established\\npursuant to this article prior to application of this section,\\nadditional payments under the medical assistance program pursuant to\\ntitle eleven of article five of the social services law for non-state\\noperated public residential health care facilities, including public\\nresidential health care facilities located in the county of Nassau and\\nthe county of Westchester, but excluding public residential health care\\nfacilities operated by a town or city within a county, in an aggregate\\namount of $631.1 million in additional payments in the period April\\nfirst, nineteen hundred ninety-seven through March thirty-first,\\nnineteen hundred ninety-eight, and a like amount in the period April\\nfirst, nineteen hundred ninety-eight through March thirty-first,\\nnineteen hundred ninety-nine.\\n (d) Notwithstanding any inconsistent provision of law or regulation,\\nthe commissioner shall provide, in addition to payments established\\npursuant to this article prior to application of this section,\\nadditional payments under the medical assistance program pursuant to\\ntitle eleven of article five of the social services law for non-state\\noperated public residential health care facilities, including public\\nresidential health care facilities located in the county of Nassau and\\nthe county of Westchester, but excluding public residential health care\\nfacilities operated by a town or city within a county, in an aggregate\\namount of $914.5 million in additional payments in the period April\\nfirst, nineteen hundred ninety-nine through March thirty-first, two\\nthousand.\\n (e) Notwithstanding any inconsistent provision of law or regulation,\\nthe commissioner shall provide, in addition to payments established\\npursuant to this article prior to application of this section,\\nadditional payments under the medical assistance program pursuant to\\ntitle eleven of article five of the social services law for non-state\\noperated public residential health care facilities, including public\\nresidential health care facilities located in the county of Nassau and\\nthe county of Westchester, but excluding public residential health care\\nfacilities operated by a town or city within a county, in an aggregate\\namount of up to $991.5 million in additional payments each state fiscal\\nyear for the period beginning April first, two thousand through March\\nthirty-first, two thousand five.\\n (e-1) Notwithstanding any inconsistent provision of law or regulation,\\nthe commissioner shall provide, in addition to payments established\\npursuant to this article prior to application of this section,\\nadditional payments under the medical assistance program pursuant to\\ntitle eleven of article five of the social services law for non-state\\noperated public residential health care facilities, including public\\nresidential health care facilities located in the county of Nassau, the\\ncounty of Westchester and the county of Erie, but excluding public\\nresidential health care facilities operated by a town or city within a\\ncounty, in aggregate annual amounts of up to one hundred fifty million\\ndollars in additional payments for the state fiscal year beginning April\\nfirst, two thousand six and for the state fiscal year beginning April\\nfirst, two thousand seven and for the state fiscal year beginning April\\nfirst, two thousand eight and of up to three hundred million dollars in\\nsuch aggregate annual additional payments for the state fiscal year\\nbeginning April first, two thousand nine, and for the state fiscal year\\nbeginning April first, two thousand ten and for the state fiscal year\\nbeginning April first, two thousand eleven, and for the state fiscal\\nyears beginning April first, two thousand twelve and April first, two\\nthousand thirteen, and of up to five hundred million dollars in such\\naggregate annual additional payments for the state fiscal years\\nbeginning April first, two thousand fourteen, April first, two thousand\\nfifteen and April first, two thousand sixteen and of up to five hundred\\nmillion dollars in such aggregate annual additional payments for the\\nstate fiscal years beginning April first, two thousand seventeen, April\\nfirst, two thousand eighteen, and April first, two thousand nineteen.\\nThe amount allocated to each eligible public residential health care\\nfacility for this period shall be computed in accordance with the\\nprovisions of paragraph (f) of this subdivision, provided, however, that\\npatient days shall be utilized for such computation reflecting actual\\nreported data for two thousand three and each representative succeeding\\nyear as applicable, and provided further, however, that, in consultation\\nwith impacted providers, of the funds allocated for distribution in the\\nstate fiscal year beginning April first, two thousand thirteen, up to\\nthirty-two million dollars may be allocated in accordance with paragraph\\n(f-1) of this subdivision.\\n (f) The amount allocated to each eligible public residential health\\ncare facility for each period shall be calculated as the result of (A)\\nthe total payment for each period multiplied by (B) the ratio of patient\\ndays for patients eligible for medical assistance pursuant to title\\neleven of article five of the social services law provided by the public\\nresidential health care facility, divided by the total of such patient\\ndays summed for all eligible public residential health care facilities.\\nFor the period August first, nineteen hundred ninety-six through March\\nthirty-first, nineteen hundred ninety-seven, nineteen hundred\\nninety-four patient days shall be utilized; for the period April first,\\nnineteen hundred ninety-seven through March thirty-first, nineteen\\nhundred ninety-eight, nineteen hundred ninety-five patient days shall be\\nutilized; for the period April first, nineteen hundred ninety-eight\\nthrough March thirty-first, nineteen hundred ninety-nine, nineteen\\nhundred ninety-six patient days shall be utilized; for the period April\\nfirst, nineteen hundred ninety-nine through March thirty-first, two\\nthousand, nineteen hundred ninety-seven patient days shall be utilized;\\nfor the period April first, two thousand through March thirty-first, two\\nthousand one, nineteen hundred ninety-eight patient days shall be\\nutilized; for the period April first, two thousand one through March\\nthirty-first, two thousand two, nineteen hundred ninety-nine patient\\ndays shall be utilized; for the period April first, two thousand two\\nthrough March thirty-first, two thousand three, two thousand patient\\ndays shall be utilized; for the period April first, two thousand three\\nthrough March thirty-first, two thousand four, two thousand one patient\\ndays shall be utilized; for the period April first, two thousand four\\nthrough March thirty-first, two thousand five, two thousand two patient\\ndays shall be utilized.\\n (f-1) Funds allocated by the provisions of paragraph (e-1) of this\\nsubdivision for distribution pursuant to this paragraph, shall be\\nallocated proportionally to those public residential health care\\nfacilities which were subject to retroactive reductions in payments made\\npursuant to this subdivision for state fiscal year periods beginning\\nApril first, two thousand six.\\n (g) Payments may be made based on adjustments to rates of payment for\\nservices provided during the applicable period or as lump sum payments\\nto an eligible residential health care facility.\\n 13. Notwithstanding any inconsistent provision of law or regulation to\\nthe contrary, residential health care facility rates of payment\\ndetermined pursuant to this article for governmental agencies for\\nservices provided on or after July first, nineteen hundred ninety-five\\nthrough March thirty-first, nineteen hundred ninety-six shall be reduced\\nby the commissioner, to reflect the elimination of operational\\nrequirements previously mandated by law or, consistent with the\\nstandards specified in subparagraph (v) of paragraph (a) of subdivision\\ntwo of section twenty-eight hundred three of this article, regulation or\\nthe commissioner or other governmental agency, by a factor determined as\\nfollows:\\n (i) an aggregate reduction shall be calculated for each residential\\nhealth care facility as the result of (A) fifty-six million dollars on\\nan annualized basis for nineteen hundred ninety-five, trended to the\\nrate year by the trend factor for projection of reimbursable costs to\\nthe rate year, multiplied by (B) the ratio of patient days for patients\\neligible for payments made by governmental agencies provided in a base\\nyear two years prior to the rate year by a residential health care\\nfacility, divided by the total of such patient days summed for all\\nresidential health care facilities; and\\n (ii) the result for each residential health care facility shall be\\ndivided by such patient days provided in the residential health care\\nfacility, for a per diem reduction in rates of payment for such\\nresidential health care facility for patients eligible for payments made\\nby governmental agencies.\\n 14. (a) Notwithstanding any inconsistent provision of law or\\nregulation to the contrary, for purposes of establishing rates of\\npayment by governmental agencies for residential health care facilities\\nfor services provided on or after April first, nineteen hundred\\nninety-five through March thirty-first, nineteen hundred ninety-nine and\\nfor services provided on or after July first, nineteen hundred\\nninety-nine through March thirty-first, two thousand and on and after\\nApril first, two thousand through March thirty-first, two thousand three\\nand on and after April first, two thousand three through March\\nthirty-first, two thousand six and on and after April first, two\\nthousand six through December thirty-first, two thousand six, the\\nreimbursable base year administrative services and fiscal services\\ncosts, as defined in the New York state residential health care facility\\naccounting and reporting manual, of a residential health care facility,\\nexcluding a provider of services reimbursed on an initial budget basis,\\nshall, except as otherwise provided in this subdivision, not exceed the\\nstatewide average of total reimbursable base year administrative and\\nfiscal services costs of residential health care facilities. For the\\npurposes of this subdivision, reimbursable base year administrative and\\nfiscal services costs shall mean those base year administrative and\\nfiscal services costs remaining after application of all other\\nefficiency standards, including but not limited to, peer group cost\\nceilings or guidelines.\\n (b) A separate statewide average of total reimbursable base year\\nadministrative and fiscal services costs shall be determined for each of\\nthose facilities wherein eighty percent or more of its patients are\\nclassified with a patient acuity equal to or less than .83 which is used\\nas the basis for a facility's case mix adjustment. For the period July\\nfirst, two thousand through March thirty-first, two thousand one, the\\ntotal reimbursable base year administrative and fiscal services costs of\\nsuch facilities shall not exceed such separate statewide average plus\\none and one-half percentage points. For annual periods thereafter\\nthrough December thirty-first, two thousand six, the total reimbursable\\nbase year administrative and fiscal services costs of such facilities\\nshall not exceed such separate statewide average. In no event shall the\\ncalculation of such separate statewide average result in a change in the\\nstatewide average determined under paragraph (a) of this subdivision.\\n (c) The limitation on reimbursement for provider administrative and\\nfiscal expenses provided by this subdivision shall be expressed as a\\npercentage reduction of the operating cost component of the rate\\npromulgated by the commissioner for each residential health care\\nfacility.\\n 15. Notwithstanding any inconsistent provision of law or regulation to\\nthe contrary, for services provided by residential health care\\nfacilities for the period April first, nineteen hundred ninety-five\\nthrough March thirty-first, nineteen hundred ninety-six, the\\ncommissioner shall not be required to revise a certified rate of payment\\nestablished pursuant to this article based on consideration of rate\\nappeals filed by a residential health care facility. In cases where the\\ncommissioner determines that a significant financial hardship exists, he\\nor she may, subject to the approval of the director of the budget,\\nconsider an exemption to this subdivision. Beginning April first,\\nnineteen hundred ninety-six and thereafter, the commissioner shall\\nconsider such rate appeals within a reasonable period. After April\\nfirst, nineteen hundred ninety-six, through March thirty-first, nineteen\\nhundred ninety-seven, the commissioner shall revise certified rates of\\npayment not to exceed an aggregate payment of forty-seven million\\ndollars, state share medical assistance.\\n 16. Notwithstanding any inconsistent provision of law or regulation to\\nthe contrary, residential health care facility rates of payment\\ndetermined pursuant to this article for governmental agencies for\\nservices provided on or after April first, nineteen hundred ninety-six\\nthrough March thirty-first, nineteen hundred ninety-nine and on or after\\nJuly first, nineteen hundred ninety-nine through March thirty-first, two\\nthousand and on and after April first, two thousand through March\\nthirty-first, two thousand three and on and after April first, two\\nthousand three through March thirty-first, two thousand six and on and\\nafter April first, two thousand six through December thirty-first, two\\nthousand six, shall be further reduced by the commissioner to encourage\\nimproved productivity and efficiency by providers by a factor determined\\nas follows:\\n (a) an aggregate reduction shall be calculated for each residential\\nhealth care facility commencing April first, nineteen hundred ninety-six\\nthrough March thirty-first, nineteen hundred ninety-nine and on or after\\nJuly first, nineteen hundred ninety-nine through March thirty-first, two\\nthousand and on and after April first, two thousand through March\\nthirty-first, two thousand three and on and after April first, two\\nthousand three through March thirty-first, two thousand six and on and\\nafter April first, two thousand six through December thirty-first, two\\nthousand six as the result of (i) fifty-six million dollars on an\\nannualized basis multiplied by (ii) the ratio of patient days for\\npatients eligible for payments made by governmental agencies provided in\\na base year two years prior to the rate year by a residential health\\ncare facility, or for residential health care facility beds not fully in\\noperation in such base year by an estimate of projected utilization for\\nthe rate year, divided by the total of such patient days summed for all\\nresidential health care facilities; and\\n (b) the result for each residential health care facility shall be\\ndivided by such patient days provided in the residential health care\\nfacility, for a per diem reduction in rates of payment for such\\nresidential health care facility for patients eligible for payments made\\nby governmental agencies.\\n 17. (a) Notwithstanding any inconsistent provision of law or\\nregulation to the contrary, for the period April first, nineteen hundred\\nninety-seven through March thirty-first, nineteen hundred ninety-eight,\\nthe commissioner shall not be required to revise a certified rate of\\npayment established pursuant to this article based on consideration of\\nrate appeals filed by a residential health care facility or based upon\\nadjustments to capital cost reimbursement as a result of approval by the\\ncommissioner of an application for construction under section\\ntwenty-eight hundred two of this article. For the period April first,\\nnineteen hundred ninety-eight, through March thirty-first, nineteen\\nhundred ninety-nine, the commissioner shall revise certified rates of\\npayment in an aggregate amount not to exceed twenty million dollars,\\nstate share medical assistance. In cases where the commissioner\\ndetermines that a significant financial hardship exists, he or she may,\\nsubject to the approval of the director of the budget, consider an\\nexemption to this subdivision. Beginning April first, nineteen hundred\\nninety-nine and thereafter, the commissioner shall consider such rate\\nappeals within a reasonable period.\\n (b) Notwithstanding any inconsistent provision of law or regulation to\\nthe contrary, for the state fiscal years beginning April first, two\\nthousand ten and ending March thirty-first, two thousand twenty-three,\\nthe commissioner shall not be required to revise certified rates of\\npayment established pursuant to this article for rate periods prior to\\nApril first, two thousand twenty-three, based on consideration of rate\\nappeals filed by residential health care facilities or based upon\\nadjustments to capital cost reimbursement as a result of approval by the\\ncommissioner of an application for construction under section\\ntwenty-eight hundred two of this article, in excess of an aggregate\\nannual amount of eighty million dollars for each such state fiscal year\\nprovided, however, that for the period April first, two thousand eleven\\nthrough March thirty-first, two thousand twelve such aggregate annual\\namount shall be fifty million dollars. In revising such rates within\\nsuch fiscal limit, the commissioner shall, in prioritizing such rate\\nappeals, include consideration of which facilities the commissioner\\ndetermines are facing significant financial hardship as well as such\\nother considerations as the commissioner deems appropriate and, further,\\nthe commissioner is authorized to enter into agreements with such\\nfacilities or any other facility to resolve multiple pending rate\\nappeals based upon a negotiated aggregate amount and may offset such\\nnegotiated aggregate amounts against any amounts owed by the facility to\\nthe department, including, but not limited to, amounts owed pursuant to\\nsection twenty-eight hundred seven-d of this article; provided, however,\\nthat the commissioner's authority to negotiate such agreements resolving\\nmultiple pending rate appeals as hereinbefore described shall continue\\non and after April first, two thousand twenty-three. Rate adjustments\\nmade pursuant to this paragraph remain fully subject to approval by the\\ndirector of the budget in accordance with the provisions of subdivision\\ntwo of section twenty-eight hundred seven of this article.\\n (c) Notwithstanding any other contrary provision of law, rule or\\nregulation, for periods on and after April first, two thousand eleven\\nthe commissioner shall promulgate regulations, and may promulgate\\nemergency regulations, establishing priorities and time frames for\\nprocessing rate appeals, including rate appeals filed prior to April\\nfirst, two thousand eleven, within available administrative resources;\\nprovided, however, that such regulations shall not be inconsistent with\\nthe provisions of paragraph (b) of this subdivision.\\n 17-a. Notwithstanding any inconsistent provision of law or regulation\\nto the contrary, for purposes of establishing rates of payment by\\ngovernmental agencies for residential health care facilities for\\nservices provided on and after January first, nineteen hundred\\nninety-eight, the regional direct and indirect input price adjustment\\nfactors to be applied to any such facility's rate calculation shall be\\nbased upon the utilization of either nineteen hundred eighty-three,\\nnineteen hundred eighty-seven or nineteen hundred ninety-three calendar\\nyear financial and statistical data and for periods beginning April\\nfirst, two thousand four through March thirty-first, two thousand nine\\nbased on either nineteen hundred eighty-three, nineteen hundred\\neighty-seven, nineteen hundred ninety-three or two thousand one calendar\\nyear financial and statistical data; provided, however, the state share\\namount for the utilization of two thousand one calendar year data shall\\nbe no more than twenty-two million dollars on a pro rata basis per\\ncalendar year. The determination of which calendar year's data to\\nutilize shall be based upon a methodology that ensures that the\\nparticular year chosen by each facility results in a factor that yields\\nno less reimbursement to the facility than would result from the use of\\nany of the other three years' data. Such methodology shall utilize the\\nnineteen hundred eighty-three and nineteen hundred eighty-seven regional\\ndirect and indirect input price adjustment factor corridor percentages\\nin existence on January first, nineteen hundred ninety-seven as well as\\nnineteen hundred ninety-three regional direct and indirect input price\\nadjustment factor corridor percentage in existence on January first, two\\nthousand four as well as a two thousand one regional direct and indirect\\ninput price adjustment factor corridor percentage calculated in the same\\nmanner as the nineteen hundred ninety-three direct and indirect input\\nprice adjustment factor corridor percentages in existence on January\\nfirst, two thousand four; provided, however, for rate periods on and\\nafter April first, two thousand nine, the regional input price\\nadjustment factors shall be based on the case mix predicted staffing for\\nregistered nurses, licensed practical nurses, nurses' aides, licensed\\ntherapists and therapist aides. For the rate period beginning April\\nfirst, two thousand nine through the day immediately prior to the day\\nthe provisions of subdivision two-c of this section take effect, the\\nregional direct and indirect input price adjustment factors to be\\napplied to a facility's rate calculation shall be based upon the\\nutilization of two thousand two calendar year financial and statistical\\ndata. Such methodology shall utilize two thousand two regional direct\\nand indirect input price adjustment factor corridor percentages\\ncalculated in the same manner as the two thousand one regional direct\\nand indirect input price adjustment factor corridor percentages in\\nexistence on December thirty-first, two thousand six except that every\\nregion shall receive a corridor to reflect the region's actual variation\\nsubject to a maximum statewide average variable corridor percentage of\\nten percent.\\n 18. Residential health care facility recruitment and retention of\\nhealth care workers. Notwithstanding any inconsistent provision of law,\\nrule or regulation and subject to the availability of federal financial\\nparticipation:\\n (a) (i) The commissioner shall adjust inpatient medical assistance\\nrates of payment established pursuant to this article for non-public\\nresidential health care facilities in accordance with subparagraph (ii)\\nof this paragraph for purposes of recruitment and retention of health\\ncare workers in the following aggregate amounts for the following\\nperiods:\\n (A) fifty-three million five hundred thousand dollars on an annualized\\nbasis for the period April first, two thousand two through December\\nthirty-first, two thousand two; eighty-three million three hundred\\nthousand dollars on an annualized basis for the period January first,\\ntwo thousand three through December thirty-first, two thousand three;\\none hundred fifteen million eight hundred thousand dollars on an\\nannualized basis for the period January first, two thousand four through\\nDecember thirty-first, two thousand six; fifty-seven million nine\\nhundred thousand dollars for the period January first, two thousand\\nseven through June thirtieth, two thousand seven, fifty-seven million\\nnine hundred thousand dollars for the period July first, two thousand\\nseven through March thirty-first, two thousand eight, and fifty-nine\\nmillion four hundred thousand dollars for the period April first, two\\nthousand eight through March thirty-first, two thousand nine.\\n (ii) Such increases shall be allocated proportionally based on each\\nnon-public residential health care facility's reported total gross\\nsalary and fringe benefit costs on exhibit H of the 1999 RHCF - 4 cost\\nreport or exhibit 11 of the 1999 institutional cost report submitted as\\nof November first, two thousand one, where applicable, to the total of\\nsuch reported costs for all non-public residential health care\\nfacilities, provided, however, that for periods on and after July first,\\ntwo thousand seven, fifty percent of such increases shall be allocated\\nproportionally, based on each non-public residential health care\\nfacility's reported total gross salary and fringe benefit costs on\\nexhibit H of the nineteen hundred ninety-nine RHFC - 4 cost report or\\nexhibit 11 of the nineteen hundred ninety-nine institutional cost report\\nsubmitted to the department prior to November first, two thousand one,\\nwhere applicable, to the total of such reported costs for all non-public\\nresidential health care facilities, and fifty percent of such increases\\nshall be allocated proportionately, based on each such non-public\\nfacility's reported Medicaid revenue, as reported in the applicable two\\nthousand five cost report as submitted to the department prior to\\nNovember first, two thousand six, to the total of such Medicaid revenue\\nreported by all such non-public facilities. These amounts shall be\\nincluded as a reimbursable cost add-on to medical assistance inpatient\\nrates of payment established pursuant to this article for non-public\\nresidential health care facilities, based on medical assistance\\nutilization data in each facility's annual cost report submitted two\\nyears prior to the rate year. Such amounts shall not be reconciled to\\nreflect changes in medical assistance utilization between the year two\\nyears prior to the rate year and the rate year.\\n (b) (i) Notwithstanding sections one hundred twelve and one hundred\\nsixty-three of the state finance law and any other inconsistent\\nprovision of law, the commissioner shall make grants to public\\nresidential health care facilities without a competitive bid or request\\nfor proposal process for purposes of recruitment and retention of health\\ncare workers in the following aggregate amounts for the following\\nperiods:\\n (A) seven million five hundred thousand dollars on an annualized basis\\nfor the period April first, two thousand two through December\\nthirty-first, two thousand two; eleven million seven hundred thousand\\ndollars on an annualized basis for the period January first, two\\nthousand three through December thirty-first, two thousand three;\\nsixteen million two hundred thousand dollars on an annualized basis for\\nthe period January first, two thousand four through December\\nthirty-first, two thousand six; and eight million one hundred thousand\\ndollars for the period January first, two thousand seven through June\\nthirtieth, two thousand seven, eight million one hundred thousand\\ndollars for the period July first, two thousand seven through March\\nthirty-first, two thousand eight, six million six hundred ninety\\nthousand dollars for the period April first, two thousand eight through\\nMarch thirty-first, two thousand nine.\\n (ii) Such grants shall be allocated proportionally based on each\\npublic residential health care facility's reported total gross salary\\nand fringe benefit costs on exhibit H of the 1999 RHCF - 4 cost report\\nor exhibit 11 of the 1999 institutional cost report submitted as of\\nNovember first, two thousand one, where applicable, to the total of such\\nreported costs for all public residential health care facilities.\\n (c) (i) Non-public and public residential health care facilities in\\noperation as of the effective date of this paragraph which have not\\nsubmitted 1999 RHCF-4 cost reports or 1999 institutional cost reports\\nbut which have submitted such reports for cost years subsequent to 1999,\\nshall have distributions authorized in subparagraph (i) of paragraph (a)\\nof this subdivision or in subparagraph (i) of paragraph (b) of this\\nsubdivision allocated based on total gross salary and fringe benefit\\ncosts on exhibit H of the earliest subsequently submitted RHCF-4 cost\\nreport or exhibit 11 of the earliest subsequently submitted\\ninstitutional cost report, as trended downward to 1999 using trend\\nfactors authorized in accordance with the provisions of section\\ntwenty-one of chapter one of the laws of nineteen hundred ninety-nine.\\n (ii) Non-public and public residential health care facilities in\\noperation as of the effective date of this paragraph which have not\\nsubmitted 1999 or subsequent RHCF-4 cost reports or institutional cost\\nreports, shall have distributions authorized in subparagraph (i) of\\nparagraph (a) of this subdivision or in subparagraph (i) of paragraph\\n(b) of this subdivision allocated based on imputed total gross salary\\nand fringe benefit costs reflecting the average of such costs in the\\nregion in which each such facility is located, provided, however, that\\nfor periods on and after July first, two thousand seven, facilities that\\nhave not submitted two thousand five cost reports shall have\\ndistributions allocated based on imputed days of care to patients\\neligible for medical assistance, reflecting the average of such medicaid\\ndays of care in the region in which such facilities are located.\\n (iii) Non-public and public residential health care facilities which\\nreceived allocations pursuant to subparagraph (ii) of this paragraph and\\nwhich subsequently submit RHCF-4 cost reports or institutional cost\\nreports shall, for the purpose of setting medical assistance rates of\\npayment, have such allocations adjusted to reflect costs which were\\nincurred in connection with such allocations and which are contained in\\nsuch cost reports.\\n (d) Residential health care facilities which have their rates adjusted\\nor receive grants pursuant to paragraphs (a), (b) and (c) of this\\nsubdivision, respectively, shall use such funds for the purpose of\\nrecruitment and retention of non-supervisory workers at health care\\nfacilities or any worker with direct patient care responsibility and are\\nprohibited from using such funds for any other purpose. Funds under this\\nsubdivision are not intended to supplant support provided by a local\\ngovernment. Each such residential health care facility shall submit, at\\na time and in a manner to be determined by the commissioner, a written\\ncertification attesting that such funds will be used solely for the\\npurpose of recruitment and retention of non-supervisory workers at\\nhealth care facilities or any worker with direct patient care\\nresponsibility. The commissioner is authorized to audit each residential\\nhealth care facility to ensure compliance with the written certification\\nrequired by this paragraph and shall recoup any funds determined to have\\nbeen used for purposes other than recruitment and retention of\\nnon-supervisory workers at health care facilities or any worker with\\ndirect patient care responsibility. Such recoupment shall be in addition\\nto applicable penalties under sections twelve and twelve-b of this\\nchapter.\\n (e) Residential health care facilities which have their rates adjusted\\nor receive grants pursuant to paragraphs (a), (b) and (c) of this\\nsubdivision, respectively, shall use such funds for the purpose of\\nrecruitment and retention of non-supervisory workers at health care\\nfacilities or any worker with direct patient care responsibility and are\\nprohibited from using such funds for any other purpose. Funds under this\\nsubdivision are not intended to supplant support provided by a local\\ngovernment. Each such residential health care facility shall submit, at\\na time and in a manner to be determined by the commissioner, a written\\ncertification attesting that such funds will be used solely for the\\npurpose of recruitment and retention of non-supervisory workers at\\nhealth care facilities or any worker with direct patient care\\nresponsibility. The commissioner is authorized to audit each residential\\nhealth care facility to ensure compliance with the written certification\\nrequired by this paragraph and shall recoup any funds determined to have\\nbeen used for purposes other than recruitment and retention of\\nnon-supervisory workers at health care facilities or any worker with\\ndirect patient care responsibility. Such recoupment shall be in addition\\nto applicable penalties under sections twelve and twelve-b of this\\nchapter.\\n 19. Notwithstanding any law, rule or regulation to the contrary, the\\ncommissioner shall within amounts allocated pursuant to paragraph (hh)\\nof subdivision one of section twenty-eight hundred seven-v of this\\narticle, make adjustments to the medical assistance rates of payment to\\nresidential health care facilities to assist certain financially\\ndisadvantaged nursing homes, in order to promote financial stability and\\nquality improvement. Such adjustments shall be made pursuant to\\nsubdivision twenty-one of this section.\\n 20. a. The commissioner shall timely develop and implement a\\nstandardized process for assessing the feasibility of capital mortgage\\nre-financings, including a standard formula for determining the net cost\\nbenefit of re-financing, inclusive of all transaction and closing costs.\\nOn or before September first, two thousand three or thirty days after\\nthe commissioner makes the standard formula available to facilities,\\neach residential health care facility established under this article and\\ncertified as a provider pursuant to title XIX of the federal social\\nsecurity act (Medicaid), except for those facilities established under\\nthe nursing home companies law or the hospital loan construction law,\\nshall review its existing capital debt structure using the standard\\nformula to evaluate whether or not a material cost benefit could be\\nderived by re-financing its capital mortgage or mortgages, and shall\\nforward the results of such review to the commissioner. The commissioner\\nmay request and such facilities shall submit descriptions of existing\\nmortgage arrangements and debt service reserve funds as needed to\\nimplement paragraph b of this subdivision. Facilities established under\\nthe nursing home companies law or the hospital loan construction law\\nshall submit to the dormitory authority, the housing finance agency\\nand/or the state of New York mortgage agency such information as is\\nrequired by such agency to evaluate potential re-financing of such\\ncapital mortgages.\\n b. the commissioner shall review each facility's submission and make a\\nwritten determination as to whether or not the facility should\\nre-finance its capital mortgage or mortgages, and if so, for what\\namount, within sixty days of the date of the facility's submission based\\non the following parameters:\\n (i) the mortgage re-financing must result in a present value cost\\nbenefit that \"materially exceeds\", as such term is defined by the\\ncommissioner, the amount of all transaction and closing costs associated\\nwith the re-financing, including any pre-payment penalties associated\\nwith the current mortgage or mortgages. The commissioner shall do such\\ncalculations in a manner consistent with comparable calculations in the\\nstate finance law;\\n (ii) mortgages may be re-financed for a term greater than the\\nremaining term of the existing debt within certain limits, if doing so\\nwould result in the present value cost benefit specified in subparagraph\\n(i) of this paragraph;\\n (iii) mortgages may be re-financed utilizing variable rate mortgage\\nloans, if doing so would result in the present value cost benefit\\nspecified in subparagraph (i) of this paragraph. In such cases, for\\npurposes of determining the reimbursable capital interest expense\\nincluded in the capital cost component of rates of payment determined\\npursuant to this article, the average interest rate over the life of the\\nre-financed mortgage shall not exceed the interest rate in effect on the\\nprevious mortgage debt immediately prior to the re-financing;\\n (iv) not-for-profit and governmental residential health care\\nfacilities may utilize taxable mortgage loans to re-finance their\\nexisting debts, if doing so would result in the present value cost\\nbenefit specified in subparagraph (i) of this paragraph;\\n (v) moneys contained in facility debt service reserve funds may be\\nconsidered in the evaluation of amounts necessary to be re-financed, but\\nonly to the extent such moneys total more than the debt service reserves\\nneeded to establish the successor capital mortgage financing;\\n (vi) in no event shall funded depreciation accounts, or building funds\\naccumulated through donor-restricted contributions or unrestricted\\ncontributions, gifts, bequests, or legacies, be considered in the\\nevaluation of amounts necessary to be re-financed; and\\n (vii) notwithstanding any inconsistent provision of law or regulation\\nto the contrary, the principal amount, including all transaction and\\nclosing costs and any pre-payment penalties associated with the previous\\nmortgage or mortgages, that is thereby deemed necessary to be\\nre-financed by the commissioner, as approved by the public authorities\\ncontrol board and the United States department of housing and urban\\ndevelopment where appropriate, shall be considered the final, approved\\nmortgage amount for capital cost reimbursement under the relevant\\nprovisions of this article.\\n c. Notwithstanding any inconsistent provision of law or regulation to\\nthe contrary, the capital cost component of rates of payment for\\nservices provided for the period beginning October first, two thousand\\nthree or one hundred eighty days after the effective date of this\\nsubdivision, whichever is later, through March thirty-first, two\\nthousand four for residential health care facilities established under\\nthis article and certified as providers pursuant to title XIX of the\\nfederal social security act (Medicaid), except for those facilities\\nestablished under the nursing home companies law or the hospital loan\\nconstruction law, that have been identified by the commissioner as\\nrefinancing candidates pursuant to paragraph b of this subdivision shall\\nreflect capital interest costs equivalent to the lower of the prevailing\\nmarket borrowing rates available on or about July first, two thousand\\nthree or ninety days after the effective date of this subdivision,\\nwhichever is later, for refinancing capital mortgages for their\\nremaining term plus two hundred basis points, or the existing rate being\\npaid by the facility on its capital mortgage or mortgages as of that\\ndate. The commissioner shall determine, in consultation with mortgage\\nfinancing experts, the prevailing market borrowing rates available to\\nnot-for-profit and governmental residential health care facilities to\\nre-finance capital mortgages on a tax-exempt fixed rate basis, and to\\nproprietary residential health care facilities to re-finance capital\\nmortgages on a tax-exempt fixed rate basis, and to proprietary\\nresidential health care facilities to re-finance capital mortgages on a\\ntaxable fixed rate basis, for this purpose. Exceptions to this policy\\nshall be provided by the commissioner to each such facility that\\ndemonstrates, prior to October first, two thousand three or thirty days\\nafter receipt of the commissioner's written determination specified in\\nparagraph (b) of this subdivision, whichever occurs later, that:\\n (i) it has initiated or completed the process of re-financing the\\nmortgage or mortgages in question, in which case the capital cost\\ncomponent of rates of payment shall be timely revised to reflect capital\\ninterest costs associated with a re-financed mortgage that conforms to\\nthe standards in paragraph (b) of this subdivision. For this purpose, a\\nfacility that has applied for approval by the commissioner, the state\\nhospital review and planning council and/or the public health council to\\nre-finance its existing mortgage debt as part of a larger project\\ninvolving facility replacement, expansion, renovation or change of\\nownership is considered to have initiated the process of re-financing;\\nor\\n (ii) it can not re-finance its capital mortgage or mortgages to\\nachieve the relevant present value cost benefit specified in\\nsubparagraphs (i) and (ii) of paragraph (b) of this subdivision due to a\\n\"lock out\" or similar provision in its current mortgage agreement that\\nprevents re-financing; due to some other type of genuine re-financing\\nobstacle, such as an inability of the facility to obtain credit approval\\nfrom a lender or mortgage insurer, or due to an intervening change in\\ncredit market conditions or other relevant circumstances, in which case\\nthe capital cost component of rates of payment shall continue to reflect\\ncapital interest costs associated with the existing mortgage or\\nmortgages, together with reasonable costs incurred in connection with\\nthe facility's attempt to re-finance its existing mortgage debt.\\n d. Notwithstanding any contrary provision of law, rule or regulation,\\nfor rate periods on and after April first, two thousand eleven, the\\ncommissioner may reduce or eliminate the payment factor for return on or\\nreturn of equity in the capital cost component of Medicaid rates of\\npayment for services provided by residential health care facilities.\\n e. Notwithstanding any other provision of law or regulation to the\\ncontrary, the commissioner shall adopt or amend on an emergency basis\\nany regulation the commissioner determines necessary to implement any\\nprovision of this subdivision.\\n 21. (a) Notwithstanding any inconsistent provision of law or\\nregulation to the contrary, for the purposes specified in subdivision\\nnineteen of this section, the commissioner shall adjust medical\\nassistance rates of payment established pursuant to this article for\\nservices provided on and after October first, two thousand four through\\nDecember thirty-first, two thousand four and annually thereafter for\\nservices provided on and after January first, two thousand five through\\nApril thirtieth, two thousand eleven and on and after May first, two\\nthousand twelve, to include a rate adjustment to assist qualifying\\nfacilities pursuant to this subdivision, provided, however, that public\\nresidential health care facilities shall not be eligible for rate\\nadjustments pursuant to this subdivision for rate periods on and after\\nApril first, two thousand nine, provided further, however, that\\nnotwithstanding any contrary provision of law and subject to the\\navailability of federal financial participation, each facility that\\nreceives a rate adjustment pursuant to this subdivision for the period\\nMay first, two thousand ten through April thirtieth, two thousand eleven\\nshall have its medicaid rates reduced for the rate period December\\nfirst, two thousand eleven through December thirty-first, two thousand\\neleven by an amount equal in aggregate to the aggregate amount of the\\nfunds such facility received pursuant to this subdivision for the period\\nMay first, two thousand ten through April thirtieth, two thousand\\neleven.\\n (b) Eligibility for such rate adjustments shall be determined on the\\nbasis of each residential health care facility's operating margin over\\nthe most recent three-year period for which financial data are available\\nfrom the RHCF-4 cost report or the institutional cost report. For\\npurposes of the adjustments made for the period October first, two\\nthousand four through December thirty-first, two thousand four,\\nfinancial information for the calendar years two thousand through two\\nthousand two shall be utilized. For each subsequent rate year, the\\nfinancial data for the three-year period ending two years prior to the\\napplicable rate year shall be utilized for this purpose.\\n (c) Each facility's operating margin for the three-year period shall\\nbe calculated by subtracting total operating expenses for the three-year\\nperiod from total operating revenues for the three-year period, and\\ndividing the result by the total operating revenues for the three-year\\nperiod, with the result expressed as a percentage. For hospital-based\\nresidential health care facilities for which an operating margin cannot\\nbe calculated on the basis of the submitted cost reports, the sponsoring\\nhospital's overall three-year operating margin, as reported in the\\ninstitutional cost report, shall be utilized for this purpose. All\\nfacilities with negative operating margins calculated in this way over\\nthe three-year period shall be arrayed into quartiles based on the\\nmagnitude of the operating margin. Any facility with a positive\\noperating margin for the most recent three-year period, a negative\\noperating margin that places the facility in the quartile of facilities\\nwith the smallest negative operating margins, a positive total margin in\\nthe most recent year of the three year period, or an average Medicaid\\nutilization percentage of fifty percent or less during the most recent\\nyear of the three-year period shall be disqualified from receiving an\\nadjustment pursuant to this subdivision, provided, however, that for\\nrate periods on and after April first, two thousand nine, such\\ndisqualification:\\n (i) shall not be applied solely on the basis of a facility's having a\\npositive total margin in the most recent year of such three-year period;\\n (ii) shall be extended to those facilities in the quartile of\\nfacilities with the second smallest negative operating margins; and\\n (iii) shall also be extended to those facilities with an average\\nMedicaid utilization percentage of less than seventy percent during the\\nmost recent year of the three-year period.\\n (d) For each facility remaining after the exclusions made pursuant to\\nparagraph (c) of this subdivision, the commissioner shall calculate the\\naverage annual operating loss for the three-year period by subtracting\\ntotal operating expenses for the three-year period from total operating\\nrevenues for the three-year period, and dividing the result by three,\\nprovided, however, that for periods on and after April first, two\\nthousand nine, the amount of such average annual operating loss shall be\\nreduced by an amount equal to the amount received by such facility\\npursuant to subparagraph (ii) of paragraph (a) of subdivision two-b of\\nthis section. For this purpose, for hospital-based residential health\\ncare facilities for which the average annual operating loss cannot be\\ncalculated on the basis of the submitted cost reports, the sponsoring\\nhospital's overall average annual operating loss for the three-year\\nperiod shall be apportioned to the residential health care facility\\nbased on the proportion the residential health care facility's total\\nrevenues for the period bears to the total revenues reported by the\\nsponsoring hospital, and such apportioned average annual operating loss\\nshall then be reduced by an amount equal to the amount received by such\\nfacility pursuant to subparagraph (ii) of paragraph (a) of subdivision\\ntwo-b of this section.\\n (e) For periods prior to April first, two thousand nine, each such\\nfacility's qualifying operating loss shall be determined by multiplying\\nthe facility's average annual operating loss for the three-year period\\nas calculated pursuant to paragraph (d) of this subdivision by the\\napplicable percentage shown in the tables below for the quartile within\\nwhich the facility's negative operating margin for the three-year period\\nis assigned.\\n i. For a facility located in a county with a total population of two\\nhundred thousand or more as determined by the two thousand U.S. Census:\\nFirst Quartile (lowest operating margins): 30 percent\\n Second Quartile: 15 percent\\n Third Quartile: 7.5 percent\\nii. For a facility located in a county with a total population of fewer\\nthan two hundred thousand as determined by the two thousand U.S. Census:\\nFirst Quartile (lowest operating margins): 35 percent\\n Second Quartile: 20 percent\\n Third Quartile: 12.5 percent\\n(f) The amount of any facility's financially disadvantaged residential\\nhealth care facility distribution calculated in accordance with this\\nsubdivision shall be reduced by the facility's estimated rate year\\nbenefit of the two thousand one update to the regional input price\\nadjustment factors authorized pursuant to former subdivision seventeen\\nof this section as amended by section 24 of part C of chapter 58 of the\\nlaws of 2004, or as authorized by subdivision seventeen-a of this\\nsection, as added by section 56 of part C of chapter 58 of the laws of\\n2007, if any, provided, however, that such reduction shall not be\\napplied with regard to rate periods on and after April first, two\\nthousand nine. After all other adjustments to a facility's financially\\ndisadvantaged residential health care facility distribution have been\\nmade in accordance with this subdivision, the amount of each facility's\\ndistribution shall be limited to no more than four hundred thousand\\ndollars during the period October first, two thousand four through\\nDecember thirty-first, two thousand four and, on an annualized basis,\\nfor rate periods through March thirty-first, two thousand nine, and no\\nmore than one million dollars for the period April first, two thousand\\nnine through December thirty-first, two thousand nine and for each\\nannual rate period thereafter.\\n (g) The adjustment made to each qualifying facility's medical\\nassistance rate of payment determined pursuant to this article shall be\\ncalculated by dividing the facility's financially disadvantaged\\nresidential health care facility distribution calculated in accordance\\nwith this subdivision by the facility's total medical assistance patient\\ndays reported in the cost report submitted two years prior to the rate\\nyear, provided however, that such rate adjustments for the period\\nOctober first, two thousand four through December thirty-first, two\\nthousand four shall be calculated based on twenty-five percent of each\\nfacility's reported total medical assistance patient days as reported in\\nthe applicable two thousand two cost report. Such amounts shall not be\\nreconciled to reflect changes in medical assistance utilization between\\nthe year two years prior to the rate year and the rate year.\\n (h) The total amount of funds to be allocated and distributed as\\nmedical assistance for financially disadvantaged residential health care\\nfacility rate adjustments to eligible facilities for a rate period in\\naccordance with this subdivision shall be thirty million dollars for the\\nperiod October first, two thousand four through December thirty-first,\\ntwo thousand four and thirty million dollars on an annualized basis for\\nrate periods on and after January first, two thousand five through\\nDecember thirty-first, two thousand eight and thirty million dollars on\\nan annualized basis on and after January first, two thousand nine,\\nprovided that, subject to all necessary federal approvals, on and after\\nJanuary first, two thousand thirteen funds allocated under this\\nparagraph shall be distributed pursuant to 10 NYCRR 86-2.39. The\\nnonfederal share of such rate adjustments shall be paid by the state,\\nwith no local share, from allocations made pursuant to paragraph (hh) of\\nsubdivision one of section twenty-eight hundred seven-v of this article.\\nIn the event the statewide total of the annual rate adjustments\\ndetermined pursuant to paragraph (g) of this subdivision varies from the\\namounts set forth in this paragraph, each qualifying facility's rate\\nadjustment shall be proportionately increased or decreased such that the\\ntotal of the annual rate adjustments made pursuant to this subdivision\\nis equal to the amounts set forth in this paragraph on a statewide\\nbasis.\\n (i) This subdivision shall be effective if, and as long as, federal\\nfinancial participation is available for expenditures made for\\nbeneficiaries eligible for medical assistance under title XIX of the\\nfederal social security act for the rate adjustments determined in\\naccordance with this subdivision.\\n (j) For periods on and after April first, two thousand nine,\\nresidential health care facilities which are otherwise eligible for rate\\nadjustments pursuant to this subdivision shall also, as a condition for\\nreceipt of such rate adjustments, submit to the commissioner a written\\nrestructuring plan that is acceptable to the commissioner and which is\\nin accord with the following:\\n (i) such an acceptable plan shall be submitted to the commissioner\\nwithin sixty days of the facility's receipt of rate adjustments pursuant\\nto this subdivision for a rate period subsequent to March thirty-first,\\ntwo thousand eight, provided, however, that facilities which are\\nallocated four hundred thousand dollars or less on an annualized basis\\nshall be required to submit such plans within one hundred twenty days,\\nand further provided that these periods may be extended by the\\ncommissioner by no more than thirty days, for good cause shown; and\\n (ii) such plan shall provide a detailed description of the steps the\\nfacility will take to improve operational efficiency and align its\\nexpenditures with its revenues, and shall include a projected schedule\\nof quantifiable benchmarks to be achieved in the implementation of the\\nplan; and\\n (iii) such plan shall require periodic reports to the commissioner, in\\naccordance with a schedule acceptable to the commissioner, setting forth\\nthe progress the facility has made in implementing its plan; and\\n (iv) such plan may include the facility's retention of a qualified\\nchief restructuring officer to assist in the implementation of the plan,\\nprovided, however, that this requirement may be waived by the\\ncommissioner, for good cause shown, upon written application by the\\nfacility.\\n (k) If a residential health care facility fails to submit an\\nacceptable restructuring plan in accordance with the provisions of\\nparagraph (j) of this subdivision, the facility shall, from that time\\nforward, be precluded from receipt of all further rate adjustments made\\npursuant to this subdivision and shall be deemed ineligible from any\\nfuture re-application for such adjustments. Further, if the commissioner\\ndetermines that a facility has failed to make substantial progress in\\nimplementing its plan or in achieving the benchmarks set forth in such\\nplan, then the commissioner may, upon thirty days notice to that\\nfacility, disqualify the facility from further participation in the rate\\nadjustments authorized by this subdivision and the commissioner may\\nrequire the facility to repay some or all of the previous rate\\nadjustments.\\n 22. Nursing home incentives for improved performance in patient care.\\nPursuant to such program, and within amounts as are appropriated\\ntherefor, the commissioner shall investigate adjusted quality indicators\\nand quality measures including those defined by the federal centers for\\nmedicare and medicaid service (CMS) with respect to nursing home quality\\nand quality benchmarks. The commissioner shall award rate enhancements\\nto those residential health care facilities who demonstrate to the\\nsatisfaction of the commissioner, they can meet or exceed such defined\\nquality measures. Such quality measures may include, but not be limited\\nto, outcomes from state survey data, performance measures, and resident\\noutcomes based upon Minimum Data Sets as defined by CMS. The\\ncommissioner shall consult with associations representing residential\\nhealth care facilities and associations representing nursing home\\nresidents, and shall by July first, two thousand seven, adopt rules and\\nregulations that incorporate payment incentives, related to such quality\\nindicators and measures, including, but not limited to programs to\\nimprove patient care outcomes and performance outcomes. Such programs\\nmay include but not be limited to, clinician-centric electronic medical\\nrecords implementation, automation of assessments and care plans,\\nimproved data collection, and the provision of accessible consumer\\ninformation as well as patient satisfaction, into rates of payment.\\n 22-a. Modifications. (a) Notwithstanding any inconsistent provision of\\nlaw or regulation to the contrary, effective April first, two thousand\\nsix and thereafter, residential health care facility rates of payment\\ndetermined pursuant to this section for payments made by governmental\\nagencies shall not contain a payment factor for interest on current\\nindebtedness if the residential health care facility cost report\\nutilized to determine such payment factor also shows a withdrawal of\\nequity, a transfer of assets, or a positive net income.\\n (b) Notwithstanding any inconsistent provision of law or regulation to\\nthe contrary, for residential health care facility rates of payment\\ndetermined pursuant to this article for services provided on and after\\nApril first, two thousand six, the annual cost report filed by each\\nresidential health care facility for two thousand five and for each year\\nthereafter shall be examined and in the event the operating costs\\nreported by each such facility in any such cost report is less than\\nninety percent of the operating costs reported in the cost report which\\nis being utilized to set such facility's existing rates of payment\\ntrended to two thousand five and each year thereafter, then such rates\\nof payment shall be recalculated utilizing the more recent reported\\noperating cost data.\\n (c) Notwithstanding any inconsistent provision of law or regulation to\\nthe contrary, effective on and after April first, two thousand six, for\\npurposes of establishing rates of payment by governmental agencies for\\nresidential health care facilities licensed pursuant to this article,\\nthe operating component of the rate for any residential health care\\nfacility that did not or does not achieve ninety percent or greater\\noccupancy for any year within five calendar years from the date of\\ncommencing operation, shall be recalculated utilizing the facility's\\nmost recently available reported allowable costs divided by patient days\\nimputed at ninety percent occupancy. Such recalculated rates of payment\\nshall be effective January first of the sixth calendar year following\\nthe date the facility commenced operations or April first, two thousand\\nsix, whichever is later.\\n (d) (i) Notwithstanding any inconsistent provisions of subdivisions\\ntwo-b or two-c of this section or any other contrary provision of law,\\nand subject to the availability of federal financial participation, for\\ninpatient services provided by residential health care facilities on and\\nafter April first, two thousand eleven, the commissioner may, subject to\\nthe approval of the director of the budget, grant approval of a\\ntemporary adjustment to Medicaid rates for eligible facilities, as\\ndetermined in accordance with this paragraph.\\n (ii) Eligible facilities shall be those residential health care\\nfacilities which, as determined by the commissioner, require short-term\\nassistance to accommodate additional patient services requirements\\nstemming from the closure of other facilities in the area, including,\\nbut not limited to, additional staff, service reconfiguration and\\nenhanced information technology capability.\\n (iii) Eligible facilities shall submit written proposals demonstrating\\nthe need for additional short-term resources and how such additional\\nresources will result in improvements to:\\n (A) the cost effectiveness of service delivery;\\n (B) quality of care; and\\n (C) other factors deemed appropriate by the commissioner.\\n (iv) Such written proposals shall be submitted to the department at\\nleast sixty days prior to the requested effective date of the temporary\\nrate adjustment. The temporary rate adjustment shall be in effect for a\\nspecified period of time as determined by the commissioner. At the end\\nof the specified timeframe, the facility will be reimbursed in\\naccordance with otherwise applicable rate-setting methodologies. The\\ncommissioner may establish, as a condition of receiving such a temporary\\nrate adjustment, benchmarks and goals to be achieved in accordance with\\nthe facility's approved proposals and may also require that the facility\\nsubmit such periodic reports concerning the achievement of such\\nbenchmarks and goals as the commissioner deems necessary. Failure to\\nachieve satisfactory progress, as determined by the commissioner, in\\naccomplishing such benchmarks and goals shall be a basis for ending the\\nfacility's temporary rate adjustment prior to the end of the specified\\ntimeframe.\\n 23. Notwithstanding any inconsistent provision of law or regulation to\\nthe contrary:\\n (a) (i) For adult day health care services provided by residential\\nhealth care facilities, effective April first, two thousand seven and\\nthereafter, the operating component of the rate of payment established\\npursuant to this article for an adult day health care program which has\\nachieved an occupancy percentage of ninety percent or greater for a\\ncalendar year prior to April first, two thousand seven, shall be\\ncalculated utilizing allowable costs reported in the two thousand four,\\ntwo thousand five, or two thousand six calendar year residential health\\ncare facility cost report filed by the sponsoring residential health\\ncare facility, whichever is the earliest of such calendar year cost\\nreports in which the program has achieved an occupancy percentage of\\nninety percent or greater, except that programs receiving rates of\\npayment based on allowable costs for a period prior to April first, two\\nthousand seven shall continue to receive rates of payment based on such\\nperiod.\\n (ii) For such programs which achieved an occupancy percentage of\\nninety percent or greater prior to calendar year two thousand four, so\\nlong as approved capacity in that year is the same as in calendar year\\ntwo thousand four, but which did not maintain occupancy of ninety\\npercent or greater in calendar years two thousand four, two thousand\\nfive, or two thousand six, the operating component of the rate of\\npayment established pursuant to this article shall be calculated\\nutilizing allowable costs reported in the two thousand four calendar\\nyear cost report divided by visits imputed at ninety percent occupancy.\\n (iii) For such programs which have not achieved an occupancy\\npercentage of ninety percent or greater for a calendar year prior to\\nApril first, two thousand seven, the operating component of the rate of\\npayment established pursuant to this article shall be calculated\\nutilizing allowable costs reported in the first calendar year after two\\nthousand six in which such a program achieves an occupancy percentage of\\nninety percent or greater effective January first of such calendar year\\nexcept for calendar year two thousand seven, effective no earlier than\\nApril first of such year, provided, however, that effective January\\nfirst, two thousand nine, for programs that have not achieved an\\noccupancy percentage of ninety percent or greater for a calendar year\\nprior to January first, two thousand nine, the operating component of\\nthe rate of payment established pursuant to this article shall be\\ncalculated utilizing allowable costs reported in the two thousand nine\\ncost report filed by the sponsoring residential health care facility\\ndivided by visits imputed at actual or ninety percent occupancy,\\nwhichever is greater. This subparagraph shall also apply to programs\\nwhich achieved an occupancy percentage of ninety percent or greater\\nprior to calendar year two thousand four but in such year had an\\napproved capacity that was not the same as in calendar year two thousand\\nfour.\\n (b) For a residential health care facility approved to operate an\\nadult day health care program on or after April first, two thousand\\nseven, rates of payment for such programs shall be computed based upon\\nannual budgeted allowable costs, as submitted by the residential health\\ncare facility, and total estimated annual visits by adult day health\\ncare registrants of not less than ninety percent of licensed occupancy,\\nand in accordance with the following:\\n (i) Each program shall be required to submit an individual budget.\\nMultiple programs operated by the same residential health care facility\\nshall submit a separate budget for each program. Multiple programs\\noperated by the same residential health care facility shall have\\nseparate rates of payment.\\n (ii) Rates developed based upon budgets shall remain in effect for no\\nlonger than two calendar years from the earlier of:\\n (A) the date the program commences operations; or\\n (B) the date the sponsoring residential health care facility submits a\\nfull calendar year residential health care facility cost report in which\\nthe program has achieved ninety percent or greater occupancy. If a\\nsponsoring residential health care facility submits such a cost report\\nwithin two years of the date the program commences operation, rates\\nshall then be computed utilizing such cost report.\\n (iii) If a program fails to achieve ninety percent or greater\\noccupancy within two calendar years of the date of its commencing\\noperations, rates shall be calculated utilizing allowable costs reported\\nin such second calendar year residential health care facility's cost\\nreport for the applicable sponsoring residential health care facility\\ndivided by visits imputed at ninety percent occupancy.\\n (c) Effective January first, two thousand eight, allowable costs shall\\nnot include the costs of transportation.\\n (d) All rates of payment established pursuant to this subdivision are\\nsubject to the maximum daily rate provided by law. Such maximum daily\\nrate of payment for adult day health care programs operated by\\nresidential health care facilities that undergo a change of ownership\\nsubsequent to nineteen hundred ninety shall be determined by utilizing\\nthe inpatient rate of payment of the prior operator as in effect on\\nJanuary first, nineteen hundred ninety. In the event a residential\\nhealth care facility establishes an off-site adult day health care\\nprogram outside the regional input price adjustment region in which it\\nis located, the computation of the maximum daily rate of payment for\\nsuch program shall utilize the weighted average of the inpatient rates\\nof payments for residential health care facilities in the region in\\nwhich the program is located, as in effect on January first, nineteen\\nhundred ninety, in place of the sponsoring residential health care\\nfacility's inpatient rate of payment.\\n (e) Notwithstanding any inconsistent provision of the state\\nadministrative procedure act or any other law or regulation to the\\ncontrary, the commissioner shall adopt or amend on an emergency basis\\nany regulations the commissioner shall determine necessary to implement\\nany provision of this subdivision.\\n 24. Notwithstanding any other provisions of this section and any other\\nlaw, rule or regulation to the contrary, for periods on and after July\\nfirst, two thousand seven, the operating component of all rates of\\npayment made by governmental agencies for services to individuals\\neligible for medical assistance pursuant to title eleven of article five\\nof the social services law and provided by a residential health care\\nfacility with fewer than sixty beds as of July first, two thousand\\nseven, which provides services primarily to neurologically impaired\\nindividuals and is located in a county with a population between two\\nhundred ninety thousand and three hundred ten thousand as of July first,\\ntwo thousand seven shall be based solely on the methodology used to\\nestablish rates for facilities which provide extensive nursing, medical,\\npsychological and counseling support services solely to children;\\nprovided, however, this subdivision shall not apply if the application\\nwould result in a lesser rate of payment than otherwise provided for\\nunder this section. Nothing in this subdivision shall be construed to\\nlimit the application to such facility of rate adjustments applied to\\nother residential health care facilities.\\n 25. Reserved bed days. (a) For purposes of this subdivision, a\\n\"reserved bed day\" is a day for which a governmental agency pays a\\nresidential health care facility to reserve a bed for a person eligible\\nfor medical assistance pursuant to title eleven of article five of the\\nsocial services law while he or she is on therapeutic leave of absence\\nfrom the facility.\\n (b) Notwithstanding any other provisions of this section or any other\\nlaw or regulation to the contrary, for reserved bed days provided on\\nbehalf of persons twenty-one years of age or older:\\n (i) payments for reserved bed days shall be made at ninety-five\\npercent of the Medicaid rate otherwise payable to the facility for\\nservices provided on behalf of such person; and\\n (ii) payment to a facility for reserved bed days provided on behalf of\\nsuch person for therapeutic leaves of absence may not exceed ten days in\\nany twelve month period.\\n 26. Notwithstanding any inconsistent provision of law, for rate\\nperiods on and after April first, two thousand ten, residential health\\ncare facility Medicaid rates of payment shall not include reimbursement\\nfor the cost of prescription drugs. Such reimbursement shall be in\\naccordance with otherwise applicable provisions of section three hundred\\nsixty-seven-a of the social services law.\\n * 27. The commissioner is authorized to conduct an energy audit and/or\\ndisaster preparedness review of residential health care facilities. Such\\naudit or review shall explore the energy efficiency and/or disaster\\npreparedness of the real property capital aspects of each facility and\\ndevelop a cost/benefit analysis of potential modifications for each\\nfacility. Such audit or review shall serve as the basis for an energy\\nefficiency and/or disaster preparedness program to be developed by the\\ndepartment in regulations. Participation in such audit or review shall\\nbe a condition to participation in any such program developed as a\\nresult thereof, and shall also be a condition to receipt of any funding\\navailable under such program. Such program shall only be implemented if\\nit is in the best financial interests of the state, as determined by the\\ncommissioner. At least forty-five days prior to implementing such\\nprogram, the department shall report to the senate and assembly health\\ncommittees, the assembly ways and means committee and the senate finance\\ncommittee the results of the energy audit authorized herein and the\\nproposed eligibility criteria, funding sources, the manner in which\\nsavings may be shared between the state and facilities and any other\\ninformation requested by such committees about such program prior to the\\ntransmittal of the report.\\n * NB Repealed July 1, 2021\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2808-A", "title" : "Liability of certain persons", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2808-A", "activeDate" : "2014-09-22", "sequenceNo" : 1076, "repealedDate" : null, "fromSection" : "2808-A", "toSection" : "2808-A", "text" : " § 2808-a. Liability of certain persons. 1. Every person who is a\\ncontrolling person of any residential health care facility liable under\\nany provision of this article to any person or class of persons for\\ndamages or to the state for any civil fine, penalty, assessment or\\ndamages, shall also be liable, jointly and severally, with and to the\\nsame extent as such residential health care facility, to such person or\\nclass of persons for damages or to the state for any such civil fine,\\npenalty, assessment or damages.\\n 2. For purposes of this section, a \"controlling person\" of a\\nresidential health care facility shall be deemed to mean any person who\\nby reason of a direct or indirect ownership interest (whether of record\\nor beneficial) has the ability, acting either alone or in concert with\\nothers with ownership interests, to direct or cause the direction of the\\nmanagement or policies of said facility. Neither the commissioner nor\\nany employee of the department nor any member of a local legislative\\nbody of a county or municipality, nor any county or municipal official\\nexcept when acting as the administrator of a residential health care\\nfacility, shall, by reason of his or her official position, be deemed to\\nbe a controlling person of any residential health care facility nor\\nshall any person who serves as an officer, administrator or other\\nemployee or as a member of a board of directors or trustees of any\\nfacility be deemed to be a controlling person of said facility as a\\nresult of such position or his or her official actions in such position.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2808-B", "title" : "Certification of financial statements and financial information", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2808-B", "activeDate" : "2014-09-22", "sequenceNo" : 1077, "repealedDate" : null, "fromSection" : "2808-B", "toSection" : "2808-B", "text" : " § 2808-b. Certification of financial statements and financial\\ninformation. 1. All financial statements or financial information\\nrequired by law or regulation to be submitted by a nursing home or\\nfacility providing health-related service shall be certified in their\\nentirety by an independent certified public accountant or independent\\npublic accountant. The commissioner shall by regulation establish the\\nform of certification which shall ensure that the certified public\\naccountant or public accountant:\\n (a) has disclosed any and all material facts known to him, disclosure\\nof which is necessary to make the financial statements or financial\\ninformation not misleading; and\\n (b) during the period of his professional engagement, at the time of\\nexpressing his opinion, or during the period covered by the financial\\nstatements, did not have nor was committed to acquire, any direct\\nfinancial interest or material indirect financial interest in the\\nownership or operation of the nursing home or facility; and\\n (c) during the period of his professional engagement, at the time of\\nexpressing his opinion or during the period covered by the financial\\nstatements, was not connected in any way with the ownership, financing\\nor operation of the nursing home or facility as a director, officer or\\nemployee, or in any capacity other than as an independent certified\\npublic accountant or independent public accountant; and\\n (d) subsequent to such certification discloses any material fact\\ndiscovered by him which existed at the time of such certification and\\nwas not disclosed in the financial statements or financial information,\\nthe disclosure of which is necessary to make the financial statements or\\nfinancial information not misleading and discloses any material\\nmisstatement in said financial statements or financial information.\\n 2. Any person submitting a financial statement or financial\\ninformation which he knows to be false or certifying a financial\\nstatement or financial information which he knows to be false shall be\\nguilty of a class E felony.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2808-C", "title" : "Reimbursement of general hospital inpatient services", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2808-C", "activeDate" : "2014-09-22", "sequenceNo" : 1078, "repealedDate" : null, "fromSection" : "2808-C", "toSection" : "2808-C", "text" : " * § 2808-c. Reimbursement of general hospital inpatient services. 1.\\nGeneral hospital rates and inpatient revenue cap. In determining\\npayments from all sources for general hospital inpatient services for\\nthe rate year commencing on January first, nineteen hundred eighty-three\\nand ending on December thirty-first, nineteen hundred eighty-three, the\\nallowances set forth in subdivision four of this section shall be\\nincluded. Effective January first, nineteen hundred eighty-four, the\\ncommissioner shall establish, in accordance with regulations adopted by\\nthe council and approved by the commissioner, the maximum amount of\\ninpatient revenue a general hospital will be authorized to receive for\\nservices during a designated period not to exceed twelve months from all\\npayors for the provision of inpatient services. This maximum amount will\\nbe known as the inpatient revenue cap and shall be established for each\\ngeneral hospital possessing a valid operating certificate issued\\npursuant to section twenty-eight hundred five of this article. The\\ninpatient revenue cap shall be established by projecting to anticipated\\nexpense levels the reimbursable historical inpatient expenses and\\nfinancial needs as defined in subdivision four of this section, of a\\ngeneral hospital approved for financing through inpatient service\\nrevenues. Expenses included in the inpatient revenue cap are those\\ndetermined to be allowable and reasonable in the provision of authorized\\ninpatient services.\\n The inpatient revenue caps for the rate years nineteen hundred\\neighty-four and nineteen hundred eighty-five shall be determined by\\ncomputing an imputed revenue cap for the period beginning January first,\\nnineteen hundred eighty-three and ending December thirty-first, nineteen\\nhundred eighty-three, which has been based on the cost analysis pursuant\\nto paragraphs (a) and (b) of subdivision two of this section and\\nadjusted each year to reflect the trend factors developed and applied in\\naccordance with paragraph (e) of subdivision two of this section,\\ncapital related expenses in accordance with paragraph (c) of subdivision\\ntwo of this section, redetermination of additional financial needs or\\nrevenue requirements in accordance with paragraph (d) of subdivision two\\nof this section, adjustments made in accordance with subdivision five of\\nthis section and adjustments to reflect audit findings.\\n Hospital inpatient services to patients who are not beneficiaries or\\nsubscribers of corporations organized and operating in accordance with\\narticle forty-three of the insurance law, subchapter XVIII of the\\nfederal social security act (medicare), eligible for payments made by\\nstate governmental agencies, enrolled in organizations operating in\\naccordance with the provisions of article forty-four of this chapter, or\\nenrolled in a self-insured and self administered group covered under the\\nprovisions of subdivision six of this section shall be at charges\\nestablished by the hospital in accordance with the provisions of\\nsubdivision six of this section with the exception that for the period\\nfrom January first, nineteen hundred eighty-three through December\\nthirty-first, nineteen hundred eighty-three rates of payment pursuant to\\nthe provisions of the workers' compensation law, the volunteer firemen's\\nbenefit law and the comprehensive automobile insurance reparations act\\nshall be established at one hundred twelve percent of trended average\\nper diem reimbursable cost including allowances as specified in\\nsubdivision four of this section.\\n Amounts prospectively established for payments for general hospital\\ninpatient services provided in rate years subsequent to nineteen hundred\\neighty-three made on behalf of subscribers of corporations organized and\\noperating in accordance with article forty-three of the insurance law,\\nbeneficiaries of subchapter XVIII of the federal social security act\\n(medicare), eligibles for payments made by state governmental agencies\\nand those enrolled in organizations operating in accordance with the\\nprovisions of article forty-four of this chapter shall be based on that\\nportion of the prospectively established inpatient revenue cap that is\\nrelated to the utilization of inpatient services by the above programs,\\nprovided, however, that that share of the cost of bad debt and charity\\ncare to be paid under subchapter XVIII of the federal social security\\nact shall be based upon the ratio of subchapter XVIII inpatient charges\\nto total inpatient and outpatient charges, except for hospitals using an\\nall inclusive rate, in which case the subchapter XVIII share shall be\\nbased upon the ratio of subchapter XVIII inpatient cost to total\\ninpatient and outpatient hospital costs. After reducing the dollar\\namount liability of all payors by subtracting the dollar amount\\nliability of the subchapter XVIII payor, all other payors shall pay the\\nremaining liability in proportion to the ratio of their hospital\\ninpatient charges to total hospital inpatient charges less the\\nsubchapter XVIII inpatient charges. These proportions shall be computed\\non the basis of costs for hospitals using an all inclusive rate.\\n Any adjustments in the overall revenue cap in accordance with\\nsubdivision five of this section shall be reflected in an appropriate\\nadjustment to this portion of the revenue cap and payment levels by\\nthese programs. The year end adjustment as provided for in paragraph (d)\\nof subdivision five of this section which is based on data contained in\\nthe financial and statistical report filed for the effective year of the\\nrevenue cap may be further adjusted within the revenue cap when actual\\ndata indicates a change in payor utilization and cost apportionment\\nbetween and among the above specified programs and all other payors.\\nAfter such adjustments the portion of the revenue cap initially\\nestablished, or as adjusted, that is related to the actual utilization\\nof covered inpatient services of the above programs shall constitute\\nguaranteed revenue to the general hospital. Nothing in this section\\nshall prohibit the negotiation by health maintenance organizations\\noperating in accordance with the provisions of article forty-three of\\nthe insurance law or article forty-four of this chapter, of agreements\\nwith general hospitals for rates of payment other than those provided\\nherein. Such contracts shall require approval by the commissioner and\\nmust include provision for special benefit packages or arrangements for\\nproviding inpatient services to encourage patient management behavior\\nthat will minimize the length of patient stay, such as special admission\\narrangements, bed leasing or other inpatient capitation arrangements.\\n 2. The inpatient revenue cap established shall include:\\n (a) allowable historical inpatient operational expenses which are\\ncomparable in nature and can reasonably be expected to be comparable in\\namount to other general hospitals with similar cost influencing\\ncharacteristics (adjusted for comparison purposes for differences in\\nwage and fringe benefit levels) and which are equal to or less than\\nreasonable reimbursable operational cost ceilings developed from the\\naverage allowable cost per unadjusted (except for newborn days)\\nappropriate unit of service of all hospitals in the comparison group.\\nThe comparison group shall consist of general hospitals sharing similar\\ncost influencing characteristics and classified in accordance with\\nvariables defined in regulation;\\n (b) allowable historical inpatient operational expenses, other than\\ncapital related expenses as defined in subdivision three of this\\nsection, and other than costs included in paragraph (a) hereof, which\\nmay be subject to reasonable reimbursable cost standards adopted by the\\ncouncil and approved by the commissioner;\\n (c) capital related expenses determined in accordance with subdivision\\nthree of this section;\\n (d) additional financial needs or revenue requirements in accordance\\nwith subdivision four of this section;\\n (e) projection of reimbursable expenses identified through the\\napplication of paragraphs (a) and (b) of this subdivision by a trend\\nfactor established by the panel of economists as set forth in\\nsubdivision eight of this section; and\\n (f) an amount to reflect anticipated additional revenues resulting\\nfrom the implementation of the gross charge determination formula\\nprovided by the commissioner in accordance with subdivision six of this\\nsection.\\n The establishment of separate rates of payment for patients who\\nrequire different levels or types of care shall require a reallocation\\nof costs to insure that the total hospital inpatient revenue cap (or in\\nthe case of the period January one, nineteen hundred eighty-three to\\nDecember thirty-one, nineteen hundred eighty-three the imputed revenue\\ncap), which shall include the revenue for different levels or types of\\ncare, established under this subdivision remains unchanged except that\\nadjustments may be made based on the cost analysis pursuant to\\nparagraphs (a) and (b) of this subdivision.\\n Effective January first, nineteen hundred eighty-three through\\nDecember thirty-first, nineteen hundred eighty-five, the cost\\nlimitations, utilization standards and limits on disallowances shall be\\ncomputed in accordance with the methodology approved by the federal\\ngovernment to permit the determination of all payments for inpatient\\nservices provided by general hospitals to be made in accordance with the\\namendments made to sections twenty-eight hundred seven and twenty-eight\\nhundred seven-a of this chapter by sections three and four of a chapter\\nof the laws of nineteen hundred eighty-two. Specialty hospitals shall\\nnot be included in any computations relating to disallowances,\\nlimitations or ceilings pursuant to this paragraph but shall receive\\nreimbursement in accordance with rules and regulations adopted by the\\nstate hospital review and planning council and approved by the\\ncommissioner. In order to provide for a transition period for the\\napplication of reimbursable cost limitations to payments authorized\\nunder subchapter XVIII of the federal social security act, a reasonable\\nphase-in over a three year period is to be implemented.\\n 3. Capital related inpatient expenses. Effective for the year\\nbeginning January first, nineteen hundred eighty-four and thereafter,\\ncapital related inpatient expenses including but not limited to\\ndepreciation, rentals and interest on capital debt (or for hospitals\\nfinanced pursuant to article twenty-eight-B of this chapter, such\\nexpenses, including amortization in lieu of depreciation, as determined\\npursuant to the reimbursement regulations promulgated pursuant to that\\narticle and article twenty-eight of this chapter, in the case of\\npayments on behalf of other than beneficiaries under subchapter XVIII of\\nthe federal social security act), shall be included in the revenue cap\\non a budget basis, and subsequently reconciled to actual expenses\\nthrough appropriate audit procedures. General hospitals shall submit to\\nthe commissioner, at least one hundred twenty days prior to the\\ncommencement of each revenue cap year, a schedule of capital related\\ninpatient expenses for the forthcoming year. Any capital related\\ninpatient expense generated by a capital expenditure which requires or\\nrequired approval pursuant to this article, must have received such\\napproval for the capital related expense to be included in the revenue\\ncap. The submitted budget may include the capital related inpatient\\nexpenses of all existing capital assets as well as estimates of capital\\nrelated inpatient expenses for capital assets to be acquired or placed\\nin use prior to the commencement of the revenue cap year. Any capital\\nrelated expense generated by a capital asset acquired or placed in use\\nduring a revenue cap year, provided all required approvals pursuant to\\nthis article have been obtained, shall be carried forward to the\\nsubsequent revenue cap year. In instances where such approvals have\\nbeen obtained, the budget may include estimates for capital related\\ninpatient expenses. The basis for determining capital related inpatient\\nexpenses shall be the lesser of actual cost or the final amount\\nspecifically approved for the construction of the capital asset. The\\ncouncil shall adopt, with the approval of the commissioner, regulations\\nto:\\n (a) identify by type the eligible capital related inpatient expenses;\\n (b) safeguard the future financial viability of voluntary, non-profit\\ngeneral hospitals by requiring funding of inpatient depreciation on\\nbuilding and fixed and movable equipment;\\n (c) provide authorization to adjust the inpatient revenue cap by\\nadvancing payment of depreciation as needed, in instances of capital\\ndebt related financial distress of a voluntary, non-profit general\\nhospital; and\\n (d) provide a methodology for the reimbursement treatment of sales.\\n 4. Allowances. Inpatient revenue caps established, or rates for\\ngeneral hospital inpatient services, shall include for the three years\\ncommencing on January first, nineteen hundred eighty-three, the\\nallowances specified below in paragraphs (a), (b), (c), (d) and (e) of\\nthis subdivision. For the period from January first, nineteen hundred\\neighty-three through December thirty-first, nineteen hundred\\neighty-three the allowances shall be computed on the basis of the\\ngeneral hospital's reimbursable inpatient costs after application of the\\ntrend factor. Any additional allowances for the periods January first,\\nnineteen hundred eighty-four through December thirty-first, nineteen\\nhundred eighty-four and from January first, nineteen hundred eighty-five\\nthrough December thirty-first, nineteen hundred eighty-five shall be\\nincluded in the certified inpatient revenue caps after application of\\nthe trend factor and such adjustments as may be appropriate pursuant to\\nsubdivision two of this section. For the purposes of this subdivision\\nand subdivision nine of this section, major public general hospitals are\\ndefined as all state operated general hospitals, all general hospitals\\noperated by the New York city health and hospitals corporation as\\nestablished by chapter one thousand sixteen of the laws of nineteen\\nhundred sixty-nine, as amended and all other public general hospitals\\nhaving annual inpatient operating costs in excess of twenty-five million\\ndollars.\\n (a) For the period from January first, nineteen hundred eighty-three\\nthrough December thirty-first, nineteen hundred eighty-five an allowance\\nof one percent of the general hospital's reimbursable inpatient costs to\\nprovide funds to be used at the discretion of hospital governing boards.\\n (b) For public general hospitals an additional allowance of up to one\\npercent for the second year and up to a further additional one percent\\nin the third year of the three year period commencing January first,\\nnineteen hundred eighty-three subject to the provisions of paragraph (d)\\nof this subdivision.\\n (c) For voluntary non-profit and private proprietary general hospitals\\nan additional allowance of up to one percent for the second year of the\\nthree year period commencing January first, nineteen hundred\\neighty-three and continued for the third year of the three year period\\nsubject to the provisions of paragraph (d) of this subdivision.\\n (d) The additional allowances in paragraphs (b) and (c) of this\\nsubdivision shall be available to general hospitals receiving approval\\nfrom the commissioner as to the acceptable use of the allowance which\\nuses shall include but be not limited to retirement of short term\\nnon-capital debt, meeting costs related to bad debts and charity care\\nnot met by the regional pool distributions as specified in subdivision\\nnine of this section, offsetting reductions in anticipated revenue\\nresulting from charge limits substantially below those applicable to the\\nparticular hospital immediately prior to the enactment of subdivision\\nsix of this section and needed improvement of current ratio. Allowances\\nauthorized in paragraphs (b) and (c) of this subdivision are not to be\\nconsidered as a substitute for operational funds that are otherwise\\nreimbursable or subject to appeal.\\n (e) A percentage to reflect the needs for the financing of losses\\nresulting from bad debts and the costs of charity care of general\\nhospitals within article forty-three insurance law regions, or such\\nother regions as adopted pursuant to subdivision nine of this section,\\nand within a statewide determination of financial resources to be\\ncommitted for this purpose. Regional needs shall be equal to the total\\nof inpatient losses from bad debts reduced to cost and the inpatient\\ncosts of charity care increased by any deficit of general hospitals from\\nproviding ambulatory services, excluding any portion of such deficit\\nresulting from governmental payments below average visit costs and\\nrevenues and expenses related to the provision of referred ambulatory\\nservices. The regional amount to be included in rates approved for the\\nyear commencing January first, nineteen hundred eighty-three and in the\\ninpatient revenue caps established in subsequent years for each general\\nhospital in the region will be equal to the result of the application of\\nthe percentage of statewide need for voluntary non-profit, private\\nproprietary and public general hospitals, other than major public\\ngeneral hospitals that can be met from available resources computed\\nwithout consideration of inpatient uncollectible amounts to the regional\\nneed for voluntary non-profit, private proprietary and public general\\nhospitals, other than major public general hospitals expressed in\\ndollars plus the dollar amount resulting from the application of the\\nratio of major public general hospitals inpatient reimbursable costs\\nwithin the region to total statewide general inpatient reimbursable cost\\n(as computed on the basis of nineteen hundred eighty-one financial and\\nstatistical reports) to the statewide resources committed for this\\npurpose computed without consideration of inpatient uncollectible\\namounts and the ratio of these total dollars to the total regional\\nreimbursable inpatient cost after application of the trend factor. For\\nthe three year period commencing on January first, nineteen hundred\\neighty-three and ending on December thirty-first, nineteen hundred\\neighty-five, the percentage allowances for this purpose shall not be\\nless than an average three percent of the total statewide general\\nhospital reimbursable inpatient cost after application of the trend\\nfactor. The allocation of resources made available under this paragraph,\\nas specified in subdivision nine of this section, may be changed only as\\nfollows: An annual review shall be conducted pursuant to rules and\\nregulations adopted by the council and approved by the commissioner with\\nrespect to bad debt and charity care need within each article\\nforty-three insurance law region or such other regions as are adopted\\npursuant to subdivision nine of this section. If within such a region\\nthere is a definitive finding as a result of such review that there has\\nbeen a change in the proportional amounts of bad debts and charity care\\nprovided by (i) major public general hospitals and (ii) voluntary\\nnon-profit, private proprietary and public general hospitals, other than\\nmajor public general hospitals, the allocation of resources made\\navailable under this paragraph shall be adjusted pursuant to the rules\\nand regulations adopted pursuant to this paragraph so as to reflect this\\nchange.\\n (f) An additional allowance of one-fourth of one percent shall be\\nincluded in each rate or revenue cap established for each voluntary\\nnon-profit and private proprietary general hospital to be returned to a\\nregional pool and distributed in accordance with paragraph (c) of\\nsubdivision nine of this section.\\n (g) An additional allowance of one-third of one percent shall be\\nincluded in each rate or revenue cap established for voluntary\\nnon-profit and private proprietary general hospitals to be returned to a\\nregional pool and distributed in accordance with paragraph (d) of\\nsubdivision nine of this section.\\n 5. Adjustments. (a) The commissioner shall, on his own initiative, or\\non the basis of a request from a general hospital, adjust an established\\ninpatient revenue cap to reflect:\\n (i) the reduction of costs related to the elimination of a general\\nhospital inpatient service in instances where the costs of such service\\nwere included in the basis of the inpatient revenue cap established; and\\n (ii) the correction of errors or omissions of data or in computations.\\n (b) General hospitals may request and the commissioner shall consider\\nan adjustment to an established revenue cap to reflect increased\\nexpenses or reconsideration of disallowed expenses based on:\\n (i) justification of all or a portion of expenses not included in the\\ninpatient revenue cap resulting from the cost analysis process contained\\nin subparagraph (i) of paragraph (a) of this subdivision;\\n (ii) additional operational expenses related to construction or\\nservice changes. These changes if applicable must be approved under\\nsection twenty-eight hundred two of this article;\\n (iii) the addition of costs related to a state requirement for\\nadditional services to be provided or additional costs to be incurred in\\nmeeting state or federal requirements;\\n (iv) additional expenses to permit a more efficient and economical\\nmethod of delivering a service; and\\n (v) increased costs for compensation of employees.\\n (c) In determining the reasonableness or justification of an\\nadjustment to an established inpatient revenue cap based on a request\\nrelated to subparagraph (v) of paragraph (b) of this subdivision the\\ncommissioner shall consider:\\n (i) the fiscal capability of the general hospital to finance such\\nincreases from its own resources;\\n (ii) the past history of the general hospital with respect to\\ncompensation increases and allowed compensation trend factors; and\\n (iii) the economy in the area in which the general hospital is\\nlocated.\\n (d) The commissioner shall adjust a prospectively established\\ninpatient revenue cap on the basis of subsequent data that demonstrates\\na significant cost influencing change in patient mix or volume of\\nservice. Such adjustment will be made in conformity with regulations\\nadopted by the council as approved by the commissioner.\\n (e) All appeals shall be submitted to the commissioner, who may submit\\na copy of the appeal to interested parties for the purpose of providing\\nan opportunity for comment within a specified time period.\\n (f) The commissioner shall act upon all properly documented appeals\\nfor adjustments concerning base year costs by November first of the\\ncalendar year for which the revenue cap is effective provided that all\\ninformation necessary to determine whether an adjustment is justified is\\nsubmitted by the facility prior to May first of such year. In the event\\nsuch an appeal is filed by May first, but information necessary to\\ndetermine whether an adjustment is justified is submitted after such\\ndate, the commissioner shall act on the appeal within six months after\\nreceiving the necessary information.\\n (g) The commissioner shall consider an adjustment to a hospital's\\nreported base year costs in instances where it is demonstrated that\\nrecurring costs resulting from multi-year commitments beginning late in\\na base year should be calculated on an annual basis in establishing a\\nrevenue cap in order to avoid a significant inequity. In making such an\\nadjustment the commissioner shall consider the offset of non-recurring\\nbase year costs.\\n 6. Hospital charge schedules. Effective for the year beginning January\\nfirst, nineteen hundred eighty-four and thereafter, each general\\nhospital shall establish a charge schedule for available and authorized\\nservices in accordance with a gross charge determination formula\\nprovided by the commissioner which shall:\\n (a) Establish gross charges sufficient to generate the inpatient\\nrevenue authorized by the revenue cap; and\\n (b) Establish gross charges such that (i) the payment rate to be made\\non behalf of subscribers of corporations organized and operating in\\naccordance with article forty-three of the insurance law, adjusted for\\nuncovered services, shall be at a specified discount from the gross\\ncharge rate billed to or on behalf of charge paying patients; (ii)\\npermit the continuation of negotiated payment rate determination systems\\nbetween self-insured and self-administered groups and hospitals which\\nwere in effect on May first, nineteen hundred eighty-two; and (iii) for\\ngeneral hospitals subject to the provisions of paragraph (a) or (b) of\\nsubdivision twelve of this section, the costs (including all allowances\\nspecified in subdivision four of this section) of services provided to\\ncharge paying patients shall be at a specified discount from the gross\\ncharge rate billed to or on behalf of charge paying patients.\\n During the period January first, nineteen hundred eighty-four through\\nDecember thirty-first, nineteen hundred eighty-five, the discount\\nreferred to in subparagraphs (i) and (iii) of paragraph (b) of this\\nsubdivision shall not exceed twelve percent for those hospitals which\\nhad a discount of less than twelve percent during the previous year,\\nshall be no greater than the discount in effect during the previous year\\nfor those hospitals whose previous year's discount was between twelve\\nand fifteen percent and shall not exceed fifteen percent for all others.\\nSelf-insured and self-administered negotiated systems as described in\\nsubparagraph (ii) of paragraph (b) of this subdivision may remain in\\neffect for the period commencing January first, nineteen hundred\\neighty-three and ending on December thirty-first, nineteen hundred\\neighty-five and shall be incorporated in the formula methodology\\nprovided by the commissioner.\\n The commissioner shall effectuate direct repayment or adjustment of a\\nsubsequent inpatient revenue cap to reflect actual inpatient revenues\\nreceived for inpatient services provided by a general hospital that\\nexceed the inpatient revenue cap initially established or adjusted in\\naccordance with provisions of this section. Revenue received in excess\\nof the revenue cap established as the result of the provisions of\\nsubchapter XVIII of the federal social security act (medicare) phase-in\\npolicies or from charges authorized under subdivision seven of this\\nsection shall not be included in the adjustment.\\n 7. Working capital. General hospitals may include as a financing or\\nworking capital charge an addition of two percent of any valid claim not\\npaid within thirty days of submission or determination of payor\\nliability, whichever is later, and one percent per month thereafter.\\nRevenues received from such financing or working capital charges shall\\nnot be included in a revenue cap established or considered as a cost\\noffset. Financing or working capital charges shall not be applied to\\nhospital billings to third party payors participating in a periodic\\ninterim payment system.\\n 8. Trend factor. (a) The commissioner in accordance with the method-\\nology developed by the consultants pursuant to paragraph (b) of this\\nsubdivision shall establish trend factors to project for the effects of\\ninflation. The factors shall be applied to the appropriate portion of\\ncharge levels and reimbursement rates in effect until December\\nthirty-first, nineteen hundred eighty-three and the appropriate portion\\nof the inpatient revenue cap in subsequent years. The methodology for\\ndeveloping the trend factor shall include the appropriate external price\\nindicators and shall also include the data from major collective\\nbargaining agreements as reported quarterly by the federal department of\\nlabor, bureau of labor statistics, for non-supervisory employees.\\n (b) The methodology shall be developed by four independent consultants\\nwith expertise in health economics appointed by the commissioner. Not\\nlater than September first of each year, the consultants shall provide\\nto the commissioner and the council, the methodology to be used to\\ndetermine the trend factors for the subsequent twelve month period\\ncommencing January first. The commissioner shall monitor the actual\\nprice movement during this twelve month period of the external price\\nindicators used in the methodology, shall report the results of the\\nmonitoring to the consultants, and shall implement, semi-annually, the\\nrecommendations of the consultants for adjustments to the trend factor\\nprovided, however, that adjustments, except for the final adjustment in\\nthe trend factor shall not be required unless such adjustment would\\nresult in the weighted average of the operating cost component of the\\nrates or charge limits differing by more than one-half of one percent\\nfrom that which was previously determined.\\n 9. Bad debt, charity care and transition pool. Regional pools\\nconsisting of funds made available within each region through the\\nallowances specified in paragraphs (e), (f) and (g) of subdivision four\\nof this section shall be created. The regions are established as the\\narticle forty-three insurance law plan regions, with the exception that\\nthe southern sixteen counties will be divided into three regions for the\\npurposes of this subdivision and subdivision four of this section with\\nseparate regions consisting of Richmond, Manhattan, Bronx, Queens and\\nKings counties; Nassau and Suffolk counties; and Delaware, Columbia,\\nUlster, Sullivan, Orange, Dutchess, Putnam, Rockland and Westchester\\ncounties. The council with the approval of the commissioner may combine\\nregions, with the exception of the above specified regions for the\\nsouthern sixteen counties, upon application of the article forty-three\\ninsurance law plans involved and a demonstration that significant\\ninequities would not occur. The commissioner is authorized to contract\\nwith the article forty-three insurance law plans to receive funds for\\nthe pools and distribute such funds. In the event contracts with the\\narticle forty-three insurance law plans are effectuated, the\\ncommissioner shall conduct annual audits of the receipt and distribution\\nof pooled funds and issue an annual report on the receipt and\\ndistribution of the pooled funds. In order for general hospitals to\\nparticipate in the distribution of funds from the pool the general\\nhospital must implement collection policies and procedures approved by\\nthe commissioner. Funds available in each regional pool shall be\\ndistributed or retained in the following sequence:\\n (a) Each eligible major public general hospital as defined in\\nsubdivision four of this section shall receive from its regional pool\\ncreated by the allowance in paragraph (e) of subdivision four of this\\nsection a portion of its bad debt and charity care need equal to the\\nresult of the application of its percentage of statewide inpatient\\nreimbursable costs developed on the basis of nineteen hundred eighty-one\\nfinancial and statistical reports to the total of all regional pools.\\n (b) Funds remaining in the regional pool created by the allowance in\\nparagraph (e) of subdivision four of this section, after distribution in\\naccordance with paragraph (a) of this subdivision, shall be distributed\\nproportionately to voluntary non-profit, private proprietary and public\\ngeneral hospitals, other than major public general hospitals on the\\nbasis of need within the region as determined in accordance with\\nparagraph (e) of subdivision four, with the exception that any funds in\\na regional pool that were allocated to major public general hospitals\\nand not distributed shall be distributed to each major third party payor\\non the basis of its percentage of major third party payor liability for\\nbad debt and charity care as described in subdivision one of this\\nsection, in the specific major public general hospital to which\\ndistribution was not made.\\n (c) Funds in regional pools created by the allowance in paragraph (f)\\nof subdivision four of this section shall not be available for immediate\\ndistribution from the regional pool but shall be retained in the pool\\nfor distribution by the commissioner in accordance with rules adopted by\\nthe state hospital review and planning council to assist in offsetting\\nlosses from bad debts and the costs of charity care of voluntary\\nnon-profit and private proprietary general hospitals experiencing severe\\nfiscal hardship because of insufficient resources to finance such losses\\nor costs.\\n (d) Funds in regional pools created by the allowance in paragraph (g)\\nof subdivision four of this section shall be distributed by including\\none-fourth of such funds with the funds to be distributed in accordance\\nwith paragraph (c) of this subdivision and three-quarters of such funds\\nto be distributed to voluntary non-profit and private proprietary\\ngeneral hospitals within the region that are severely negatively\\nimpacted by the inclusion of title XVIII (medicare) patients, or changes\\nin the determination of payor liability, resulting from the\\nimplementation of the reimbursement provisions in this section. Rules\\nfor such distribution will be those adopted by the state hospital review\\nand planning council and approved by the commissioner.\\n (e) Any balance in the portion of regional pools created by the\\nallowance in paragraph (e) of subdivision four of this section, after\\ndistribution in accordance with paragraph (b) of this subdivision,\\nincluding income from invested funds, shall be distributed to voluntary\\nnon-profit, private proprietary and public general hospitals other than\\nmajor public general hospitals within the region on a basis related to\\nspecific hospital need as defined for regional purposes in paragraph (e)\\nof subdivision four of this section. Any balance in the portion of\\nregional pools created by the allowance in paragraph (f) of subdivision\\nfour of this section and the distribution specified in paragraph (d) of\\nthis subdivision after distribution in accordance with paragraph (c) of\\nthis subdivision, including income from invested funds, shall be\\ndistributed to voluntary non-profit and private proprietary general\\nhospitals within the region on a basis related to specific hospital need\\nas defined for regional purposes in paragraph (e) of subdivision four of\\nthis section. Any balance in the portion of regional pools created by\\nthe allowance in paragraph (g) of subdivision four of this section after\\ndistribution in accordance with this paragraph and paragraph (d) of this\\nsubdivision, including income from invested funds, shall be returned to\\nvoluntary non-profit and private proprietary general hospitals on the\\nbasis of the reimbursable costs of those hospitals within the region.\\n 10. Unit of service. The unit of general hospital inpatient service on\\nwhich payment shall be based should be uniform for all payors and shall\\nbest identify the cost of services provided.\\n 11. The commissioner shall provide to fiscal intermediaries for\\nsubchapter XVIII of the federal social security act (medicare) and\\narticle forty-three of the insurance law plans, the information required\\nto effectuate the provisions of this section, exclusive of adjustments\\nfor uncovered services.\\n 12. Provisions for article forty-three insurance law corporations and\\narticle forty-four of this chapter organizations. Except as provided in\\nparagraphs (a) and (b) of this subdivision, general hospital charges for\\ninpatient and outpatient services to subscribers or beneficiaries of\\ncontracts entered into pursuant to the provisions of article forty-three\\nof the insurance law or to members of a comprehensive health services\\nplan operating pursuant to the provisions of article forty-four of this\\nchapter for patient services rendered shall not exceed the rates of\\npayment approved by the superintendent of financial services or approved\\nor certified by the commissioner, whichever is applicable and required\\nby this section, for payments by such article forty-three insurance law\\ncorporations or article forty-four organizations. No general hospital\\nmay demand or request any charge for such covered services in addition\\nto the charges or rates authorized by this article.\\n (a) Any general hospital which terminated its contract with an article\\nforty-three insurance law corporation or a comprehensive health services\\nplan after October first, nineteen hundred seventy-six and prior to May\\nfirst, nineteen hundred seventy-eight, may not charge subscribers or\\nbeneficiaries of contracts entered into pursuant to the provisions of\\narticle forty-three of the insurance law, or members of a comprehensive\\nhealth services plan operating pursuant to the provisions of article\\nforty-four of this chapter, amounts in excess of the schedule of charges\\nestablished by such hospital for patient services in effect on May\\nfirst, nineteen hundred seventy-eight, adjusted for the rate year\\nnineteen hundred eighty-three in accordance with the provisions of\\nsubdivision thirteen of this section, and adjusted for the rate years\\nthereafter in accordance with the provisions of subdivision six of this\\nsection.\\n (b) Any general hospital which has notified in writing an article\\nforty-three corporation or a comprehensive health services plan prior to\\nJune first, nineteen hundred seventy-eight of its intention to terminate\\nits contract with such corporation or plan in accordance with the terms\\nof such contract, except a general hospital subject to the provisions of\\nparagraph (a) of this subdivision may not charge a subscriber or\\nbeneficiary of a contract entered into pursuant to the provisions of\\narticle forty-three of the insurance law, or a member of a comprehensive\\nhealth services plan operating pursuant to the provisions of article\\nforty-four of this chapter, after the effective date of termination of\\nsuch contract, amounts in excess of the schedule of charges established\\nby such hospital for patient services in effect on May first, nineteen\\nhundred seventy-eight, adjusted for the rate year nineteen hundred\\neighty-three in accordance with the provisions of subdivision thirteen\\nof this section, and adjusted for the rate years thereafter in\\naccordance with the provisions of subdivision six of this section.\\n (c) No general hospital shall refuse to provide patient services to\\nsuch subscribers or beneficiaries solely on the grounds of such\\nsubscription or membership.\\n 13. Charge control. For the period January first, nineteen hundred\\neighty-three, and until January first, nineteen hundred eighty-four:\\n (a) No general hospital shall establish charges for inpatient services\\nin excess of those permitted by law immediately prior to the effective\\ndate of this section adjusted by the applicable trend factor.\\n (b) The commissioner shall establish an appeals board within the\\ndepartment to consider and recommend action in writing on an appeal by a\\ngeneral hospital of the inpatient charge limits established pursuant to\\nthis subdivision. The board and the commissioner may only consider, and\\nappeals shall be limited to, changes in the base charge or the allowable\\nlimits because of the (i) establishment of an approved new hospital\\nservice, (ii) substantial changes in the volume of services provided, or\\n(iii) substantial and adverse changes in the relationship between total\\naccrued inpatient revenues and total inpatient costs due to such factors\\nas significant increases in cost from labor settlements or increases in\\nbad debts. Expenditures resulting from such changes must be essential to\\nassure the continuance of quality medical care. In the event a\\ndetermination on such appeal is not made by the commissioner within\\nninety days of receipt of a complete request as determined by the\\ncommissioner, the hospital may increase its inpatient charges in\\nconformance with such request. If the commissioner shall determine\\nthereafter that all or a portion of such increase is not warranted\\nhereunder, the hospital on notice of such determination shall promptly\\nreduce its inpatient charges in conformance therewith. In no event shall\\nthe hospital bear any liability to any payor for such interim increase.\\n (c) In any proceeding under this subdivision the recognized collective\\nbargaining agent shall be entitled to submit any relevant data. All data\\nsubmitted hereunder shall be agency records under the freedom of\\ninformation law. All proceedings and appeals hereunder shall be meetings\\nof public bodies under the open meetings law.\\n (d) No provision of this subdivision or subdivision twelve of this\\nsection shall be construed to prohibit a general hospital from\\ncontinuing the amount of inpatient charges in effect on May first,\\nnineteen hundred seventy-eight.\\n 14. Restitution authorization. In enforcing the provisions of\\nsubdivisions twelve and thirteen of this section, the commissioner may,\\nin addition to the penalties and injunctions set forth in section twelve\\nof this chapter, order that any general hospital provide restitution for\\nany overpayments made by any party. Any hospital may request a formal\\nhearing pursuant to the provisions of section twelve-a of this chapter\\nin the event the hospital does not consent to any order of the\\ncommissioner hereunder. The commissioner may direct that such a hearing\\nbe held without any request by a hospital.\\n * NB Expired January 1, 1986\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2808-D", "title" : "Nursing home quality improvement demonstration program", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2808-D", "activeDate" : "2014-09-22", "sequenceNo" : 1079, "repealedDate" : null, "fromSection" : "2808-D", "toSection" : "2808-D", "text" : " § 2808-d. Nursing home quality improvement demonstration program. 1.\\nNotwithstanding any law, rule or regulation to the contrary, the\\ncommissioner shall, within amounts appropriated and subject to the\\navailability of federal financial participation, establish a\\ndemonstration program to improve the quality of care for nursing home\\nresidents through the increase or improvement of direct care staff at\\nnursing homes. In furtherance of such demonstration program the\\ncommissioner shall adjust the Medicaid rates of payment to nursing\\nhomes, selected pursuant to a competitive process, provided, however,\\nthat payments made pursuant to this section to public residential health\\ncare facilities shall be made as grants and shall not be deemed medical\\nassistance payments. Requests for proposals for eligible projects shall\\nbe issued by the commissioner, provided however that the commissioner\\nshall not issue any new requests for proposals after December\\nthirty-first, two thousand four and all awards for subsequent annual\\nperiods shall be distributed on the same proportional basis as the most\\nrecent available distribution. After December thirty-first, two thousand\\nfour, awardees may use funds received for any of the purposes listed in\\nsubdivision two of this section, without restriction.\\n 2. Such eligible projects may include:\\n (a) an increase in direct care staff, either facility wide or targeted\\nat a particular area of care or shift;\\n (b) increased training and education of direct care staff, including\\nallowing direct care staff to increase their level of licensure relevant\\nto nursing home care;\\n (c) efforts to decrease staff turn-over; and\\n (d) other efforts related to the recruitment and retention of direct\\ncare staff that will effect the quality of care at such facility.\\n 3. The commissioner shall consider, in selecting projects, the\\nlikelihood that such project will improve the care for the residents of\\nthe facility, the financial need of the nursing home and such other\\nmatters as the commissioner deems appropriate.\\n 4. Grants and adjustments to Medicaid rates of payment made pursuant\\nto this section shall not, in aggregate, exceed sixty-two million five\\nhundred thousand dollars for the period beginning April first, two\\nthousand two and ending December thirty-first, two thousand two, and, on\\nan annualized basis, for each annual period thereafter beginning January\\nfirst, two thousand three and ending December thirty-first, two thousand\\nfour, and shall not, in aggregate, exceed forty-six million eight\\nhundred seventy-five thousand dollars for the period July first, two\\nthousand five through December thirty-first, two thousand five and shall\\nnot, in aggregate, on an annualized basis, exceed seventy-eight million\\none hundred twenty-five thousand dollars for the period January first,\\ntwo thousand six through December thirty-first, two thousand six and\\nsixty-two million five hundred thousand dollars for the period January\\nfirst, two thousand seven through June thirtieth, two thousand seven.\\n 5. Adjustments to Medicaid rates of payment made pursuant to this\\nsection shall not be subject to subsequent adjustment or reconciliation.\\n 6. Notwithstanding any other provisions of this section or any other\\ncontrary provision of law, the commissioner may, from funds allocated\\npursuant to subparagraph (ii) or (iii) or (iv) of paragraph (u) of\\nsubdivision one of section twenty-eight hundred seven-v of this article,\\nin calendar year two thousand five, make grants in an aggregate amount\\nnot to exceed twelve million five hundred thousand dollars, to\\nresidential health care facilities in support of projects or programs\\ndesigned to improve specific areas of quality of care, as determined by\\nthe commissioner using established measures of such quality of care, and\\nprovided further the commissioner may, from funds allocated pursuant to\\nparagraph (u) of subdivision one of section twenty-eight hundred seven-v\\nof this article, for the period January first, two thousand six through\\nJune thirtieth two thousand seven, make grants in an aggregate amount\\nnot to exceed thirty-five million dollars on an annualized basis, to\\nresidential health care facilities that have an arbitrator's decision\\nrendered before April first, two thousand six, requiring payments\\nrelated to the recruitment and retention of direct care staff, including\\nsalary and benefits. Each eligible facility shall receive a payment\\namount proportional to the amount each such facility owes pursuant to\\nthe arbitrator's decision compared to such amounts owed by all eligible\\nfacilities.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2809", "title" : "Residential health care facilities; powers to require security", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2809", "activeDate" : "2014-09-22", "sequenceNo" : 1080, "repealedDate" : null, "fromSection" : "2809", "toSection" : "2809", "text" : " § 2809. Residential health care facilities; powers to require\\nsecurity. 1. If a residential health care facility receives a rating in\\nthe lowest category which may be assigned pursuant to subdivision one of\\nsection twenty-eight hundred three of this chapter, the commissioner may\\nrequire, as a condition of continuing to operate, that the facility\\nobtain financial security to ensure that future obligations will be met,\\nwhich security may be of a form that the commissioner deems appropriate,\\nand which shall be in an amount determined necessary by the commissioner\\nafter considering the rating of the facility; deficiencies in its\\noverall condition and its operating practices; the size of the facility;\\nthe ease or difficulty of obtaining given types of security; and the\\nfinancial burden of obtaining particular types of security; but in no\\ncase shall such amount exceed twenty-five thousand dollars.\\n 2. If the commissioner obtains the agreement of any such facility to\\ncorrect or eliminate any deficiency, by release or compromise of a\\npenalty or for any other reason, he may require as a part of such\\nagreement that the facility obtain security in an amount sufficient to\\nensure that the agreement be upheld, which security may take a form\\nwhich the commissioner deems appropriate.\\n 3. If for any reason the security required by the commissioner is\\ndepleted, either wholly or partially by civil penalties assessed by the\\ncommissioner or for any other cause, the commissioner may require, after\\nconsidering those factors which were applicable to the original\\nrequirement of security, that the amount of security be wholly or\\npartially replenished, or that the total amount of security be\\nincreased; but in no case shall such security exceed twenty-five\\nthousand dollars at one time.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2810", "title" : "Residential health care facilities; receivership", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2810", "activeDate" : "2014-09-22", "sequenceNo" : 1081, "repealedDate" : null, "fromSection" : "2810", "toSection" : "2810", "text" : " § 2810. Residential health care facilities; receivership. 1. The\\nowner or owners of any residential health care facility may at any time\\nrequest the department to take over the operation of such facility by\\nthe appointment of a receiver. Upon receiving such a request, the\\ndepartment may, if it deems such action desirable, enter into an\\nagreement with any such owners on the appointment of a receiver to take\\ncharge of the facility under whatever conditions as shall be found\\nacceptable by both parties. Receivership commenced in accordance with\\nthe provisions of this subdivision shall terminate at such time as is\\nagreed upon by the parties, or at such time as either party notifies the\\nother in writing that he wishes to terminate such receivership.\\n 2. a. As a means of protecting the health, safety and welfare of the\\npatients in a residential health care facility, whenever the\\ncommissioner revokes the operating certificate of such a facility he\\nshall apply to the supreme court in the county where the facility is\\nsituated for an order directing the owner of the land and/or structure\\non or in which the facility is located to show cause why the\\ncommissioner, or his designee, should not be appointed receiver to take\\ncharge of the facility. In those cases where operating certificates have\\nbeen revoked pursuant to paragraph (a) of subdivision five of section\\ntwenty-eight hundred six of this chapter the supreme court shall appoint\\na receiver who may be the commissioner or his designee. Such application\\nshall contain proof by affidavit that the facility has had its operating\\ncertificate revoked. Such order to show cause shall be returnable not\\nless than five days after service is completed and shall provide for\\npersonal service of a copy thereof and the papers on which it is based\\non the owner or owners of the land and/or structure on or in which the\\nfacility is located. If any such owner cannot with due diligence be\\nserved personally within the county where the property is located and\\nwithin the time fixed in such order, then service may be made on such\\nperson by posting a copy thereof in a conspicuous place within the\\nfacility in question, and by sending a copy thereof by registered mail,\\nreturn receipt requested, to such owner at the last address registered\\nby him with the department, or in the absence of such registration, to\\nthe address set forth in the last recorded deed with respect to such\\nfacility. Service shall be deemed complete on filing proof of service\\nthereof in the office of the county clerk, or the clerk of the city of\\nNew York, as the case may be.\\n b. On the return of said order to show cause, determination shall have\\nprecedence over every other business of the court unless the court shall\\nfind that some other pending proceeding, having similar statutory\\nprecedence, shall have priority. The court may conduct a hearing at\\nwhich all interested parties shall have the opportunity to present\\nevidence pertaining to the application. If the court shall find that the\\nfacts warrant the granting thereof, then the commissioner, or any person\\ndesignated by the commissioner, shall be appointed receiver to take\\ncharge of the facility, and the court shall determine a fair monthly\\nrental for the facility, and for the furniture, fixtures and movable\\nequipment therein, taking into account all relevant factors, including\\nthe condition of such facility, and the condition of such furniture,\\nfixtures and movable equipment, which amount shall, except in the case\\nwhere the receiver is assuming an existing bona fide arm's length lease,\\nnot exceed the amount which would be reimbursable to the facility under\\nthe medical assistance program for real property costs and for the costs\\nof furniture, fixtures and movable equipment if each patient in the\\nfacility were a recipient of medical assistance. Such rental shall be\\npaid by the receiver to the owner or owners of the facility and to the\\nowner or owners of the furniture, fixtures and movable equipment therein\\nfor each month that the receivership remains in effect.\\n c. Any receiver appointed pursuant to this subdivision shall have all\\nof the powers and duties of a receiver appointed in an action to\\nforeclose a mortgage on real property, together with such additional\\npowers and duties as are herein granted and imposed. The receiver shall\\nwith all reasonable speed but, in any case, within eighteen months after\\nthe date on which the receivership was ordered provide for the orderly\\ntransfer of all patients in the facility to other facilities or make\\nother provisions for their continued safety and health care. During the\\ninterim period when such patients must remain in the facility, the\\nreceiver may correct or eliminate those deficiencies in the facility\\nthat seriously endanger the life, health or safety of such patients\\nprovided that such correction or elimination of deficiencies does not\\ninclude major alterations of the physical structure of the facility. He\\nshall, during this period, operate the facility in such a manner as to\\nguarantee safety and adequate health care for such patients. He shall\\nhave the power to let contracts therefor or incur expenses provided that\\nwhere individual items of repairs, improvements or supplies exceed three\\nthousand dollars, the receiver shall obtain price quotations from at\\nleast three reputable sources. The receiver shall not be required to\\nfile any bond. He shall collect incoming payments from all sources and\\napply them to the costs incurred in the performance of his functions as\\nreceiver. The receiver shall honor all existing leases, mortgages and\\nchattel mortgages that had previously been undertaken as obligations of\\nthe owners or operators of the facility. No security interest in any\\nreal or personal property comprising the facility or contained within\\nthe facility, or in any fixture of the facility, shall be impaired or\\ndiminished in priority by the receiver. The receiver shall compensate\\nthe owner or owners of any goods held in inventory for those goods which\\nhe uses or causes to be used by reimbursing the costs of such goods,\\nexcept that no such compensation shall be made for any such goods for\\nwhich the owners or operators of the facility have already been\\nreimbursed. Neither the receiver nor the department shall engage in any\\nactivity that constitutes a confiscation of property without the payment\\nof fair compensation.\\n d. The receiver shall be entitled to the same fees, commissions and\\nnecessary expenses as receivers in actions to foreclose mortgages. The\\nreceiver shall be liable only in his official capacity for injury to\\nperson and property by reason of conditions of the facility in a case\\nwhere an owner would have been liable; he shall not have any liability\\nin his personal capacity, except for gross negligence and intentional\\nacts. The personnel and facilities of the department shall be available\\nto the receiver for the purposes of carrying out his duties as receiver\\nand the cost of such services shall be deemed a necessary expense of the\\nreceiver.\\n e. (i) The court shall terminate the receivership only under any of\\nthe following circumstances:\\n (a) eighteen months after the date on which it was ordered;\\n (b) when the department grants the facility a new operating\\ncertificate, whether the structure of the facility or the land on which\\nit is located shall be under the same or different ownership; or\\n (c) at such time as all of the patients in the facility have been\\nprovided alternative modes of health care, either in another facility or\\notherwise.\\n (ii) At the time of termination, the receiver shall render a full and\\ncomplete accounting to the court and shall make disposition of surplus\\nmoney at the direction of the court.\\n f. (i) Any person who is served a copy of an order of the court\\nappointing the receiver shall, upon being notified of the name and\\naddress of the receiver, make all payments for goods supplied by the\\nfacility, or services rendered by the facility, to the receiver. A\\nreceipt shall be given for each such payment, and copies of all such\\nreceipts shall be kept on file by the receiver. The amount so received\\nshall be deposited by the receiver in a special account which shall also\\nbe used for all disbursements made by the receiver.\\n (ii) Any person refusing or omitting to make such a payment after such\\nservice and notice may be sued therefor by the receiver. Such person\\nshall not in such suit dispute the authority of the receiver to incur or\\norder such expenses, or the right of the receiver to have such payments\\nmade to him. The receipt of the receiver for any sum paid to him shall,\\nin all suits and proceedings and for every purpose, be as effectual in\\nfavor of any person holding the same as actual payment of the amount\\nthereof to the owner or other person or persons who would, but for the\\nprovisions of this subdivision, have been entitled to receive the sum so\\npaid. No patient shall be discharged, nor shall any contract or rights\\nbe forfeited or impaired, nor any forfeiture or liability be incurred,\\nby reason of any omission to pay any owner, contractor or other person\\nany sum so paid to the receiver.\\n g. Any other provision of this chapter notwithstanding, the department\\nmay, if it deems appropriate, grant to any facility operating or\\nscheduled to operate under a receivership authorized by this subdivision\\nan operating certificate the duration of which shall be limited to the\\nduration of the receivership.\\n h. No provision contained herein shall be deemed to relieve the owner\\nor any other person of any civil or criminal liability incurred, or any\\nduty imposed by law, by reason of acts or omissions of the owner or any\\nother person prior to the appointment of any receiver hereunder, nor\\nshall anything contained herein be construed to suspend during the\\nreceivership any obligation of the owner or any other person for the\\npayment of taxes or other operating and maintenance expenses of the\\nfacility nor of the owner or any other person for the payment of\\nmortgages or liens.\\n * 3. The commissioner is authorized to make non-interest bearing\\npayments to receivers appointed pursuant to this section within the\\namounts made available therefor by the legislature. No such payment\\nshall be made unless the commissioner reasonably anticipates that\\nrepayment shall be made prior to or upon termination of the\\nreceivership. Any such payment to a receiver shall be made pursuant to a\\nrepayment agreement entered into by the receiver with the commissioner\\nwhich shall specify a time within which full repayment must be made.\\nRepayments by receivers shall be applied to reimburse any first instance\\nappropriation made for the purposes of this subdivision.\\n * NB (Effective pending Federal Law)\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2811", "title" : "Discounts and splitting fees with medical referral services; prohibited", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2811", "activeDate" : "2014-09-22", "sequenceNo" : 1082, "repealedDate" : null, "fromSection" : "2811", "toSection" : "2811", "text" : " § 2811. Discounts and splitting fees with medical referral services;\\nprohibited. No hospital or facility delivering health care shall grant\\nor receive a discount to or from any medical referral service or in any\\nmanner split fees with a medical referral service.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2812", "title" : "Construction", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2812", "activeDate" : "2014-09-22", "sequenceNo" : 1083, "repealedDate" : null, "fromSection" : "2812", "toSection" : "2812", "text" : " § 2812. Construction. Notwithstanding the provisions of any general,\\nspecial or local law, or any city charter or administrative code to the\\ncontrary, no county, town, village or city shall enact and enforce\\nregulations and standards for hospitals, except for hospitals maintained\\nand operated by the health services administration of the city of New\\nYork or the New York city health and hospitals corporation.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2813", "title" : "Separability", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2813", "activeDate" : "2014-09-22", "sequenceNo" : 1084, "repealedDate" : null, "fromSection" : "2813", "toSection" : "2813", "text" : " § 2813. Separability. If any clause, sentence, paragraph, subdivision,\\nsection or part of this article shall be adjudged by any court of\\ncompetent jurisdiction to be invalid, the judgment shall not affect,\\nimpair, or invalidate the remainder thereof, but shall be confined in\\nits operation to the clause, sentence, paragraph, subdivision, section\\nor part thereof directly involved in the controversy in which the\\njudgment shall have been rendered.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2814", "title" : "Health networks, global budgeting, and health care demonstrations", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-04-10" ], "docLevelId" : "2814", "activeDate" : "2015-04-10", "sequenceNo" : 1085, "repealedDate" : null, "fromSection" : "2814", "toSection" : "2814", "text" : " * § 2814. Health networks, global budgeting, and health care\\ndemonstrations. 1. For the purposes of this section unless the context\\nclearly requires otherwise:\\n (a) \"Board\" shall mean the temporary statewide health advisory board\\nestablished pursuant to section nine hundred fifty-seven of the\\nexecutive law.\\n (b) \"Proposal\" shall mean a design or plan developed, as a result of\\nfunds received pursuant to this section, to operate a network, global\\nbudget, or regional health care demonstration.\\n 2. (a) Notwithstanding any inconsistent provision of law, within\\namounts available therefor, the commissioner shall make grants pursuant\\nto this section to (i) health care providers to facilitate development\\nof health networks or health care demonstrations (ii) health care\\nproviders alone or in conjunction with third party payors to facilitate\\ndevelopment of global budgets and (iii) an organization demonstrably\\nrepresenting the interests of the region or communities of the region\\nwhich demonstrate the support of the respective health systems agency to\\nfacilitate development of health care demonstrations or global budgets.\\nSuch networks, demonstrations, or global budgets shall be designed to\\nimprove cost effectiveness of health care services, establish and\\nimprove provider coordinated planning and management mechanisms, and/or\\nimprove provider management of care or improve continuity of care.\\nHealth care providers eligible to receive funding under section\\ntwenty-nine hundred fifty-two of this chapter shall not be eligible for\\ngrants under this section for development of health networks.\\n (b) Grants made pursuant to this section shall provide planning funds\\nwhich may include, but need not be limited to, funding to:\\n (i) assess the health care needs of the population and develop an\\noperational plan to meet these needs;\\n (ii) plan for and carry out any organizational changes needed to\\nintegrate services; and\\n (iii) facilitate financing arrangements such as risk sharing and\\ncapitation.\\n 3. In awarding grants under this section, the commissioner shall\\nconsult with the appropriate local health systems agency and shall\\nconsider the recommendations of the temporary statewide health advisory\\nboard on the grant proposals and to the extent practicable assure that\\nthere is a sufficiently representative geographic distribution of\\ngrantees including rural, urban, and suburban grantees. Grants made\\npursuant to this section shall be used solely for the planning of health\\nnetworks, global budgets or health care demonstrations. Prior to\\nawarding grants, the commissioner shall first take into consideration\\nother financial resources available to the applicant to conduct such\\nplanning.\\n 4. In order to be eligible for a grant under this section, applicants\\nshall prepare and submit to the commissioner, the temporary statewide\\nhealth care advisory board, and the respective health systems agency an\\napplication which contains the following:\\n (a) identification of the principal investigator or applicant for the\\ndemonstration;\\n (b) a description of the nature and scope of the activities\\ncontemplated;\\n (c) a description of the geographic area and populations currently\\nserved by the entity;\\n (d) a description of the community or population to be served;\\n (e) a description of the anticipated benefits and advantages to\\nproviders and consumers of services;\\n (f) a description of the estimated expenses, including administrative\\nexpenses, which will be incurred in the development of the\\ndemonstration; and\\n (g) the time frame proposed for the development of the health network,\\nglobal budgeting demonstration, or health care demonstration.\\n (h) the process that the eligible organization used in seeking public\\nparticipation and local involvement in the development of the program\\nplan; and\\n (i) the goals of the program, including information on how the program\\nplan will maintain and promote access to and delivery of high quality,\\nappropriate health or health related items and services for persons\\nresiding in the region covered by the program.\\n 5. Any grant recipient seeking to implement a proposal developed\\npursuant to this section, except recipients of health networking grants,\\nshall submit such proposal to the temporary statewide health advisory\\nboard, in such form and content determined by the board, which shall\\nevaluate such proposal and consider whether the proposal is likely to:\\n (a) aid in meeting the priority health needs and concerns in the\\nregion as identified in and supported by evidence in the proposal and\\nconsistent with recommendations of the regional health systems agency;\\n (b) enhance the quality of care as evidenced by outcome indicators;\\n (c) improve the cost-effectiveness of services by the entities\\ninvolved;\\n (d) improve the efficient utilization of the entities' resources and\\ncapital equipment;\\n (e) enhance the provision of services that would otherwise not be\\navailable;\\n (f) result in the elimination of unnecessary duplication of resources;\\n (g) reduce costs to individuals being served by the network;\\n (h) foster information sharing, communications and cooperation between\\nhealth care providers; and\\n (i) foster and improve the management and continuity of care.\\n 6. In addition, the board shall require that the proposal contain\\nassurances that there will be equitable provider involvement in the\\ndetermination of any rates and rate setting methodology. The board shall\\nalso require a description of how the proposed initiative will be\\nevaluated and assurance that the grantee will submit annual reports to\\nthe governor and legislature concerning the status and experiences of\\nthe initiative.\\n 7. The temporary statewide health advisory board shall forward only\\nproposals recommended for operation to the commissioner for\\nauthorization. In granting his authorization, the commissioner shall\\ncertify that the proposal will:\\n (a) improve the cost effectiveness of health care services;\\n (b) improve the quality of care delivered as evidenced by outcome\\nindicators; and\\n (c) improve access to appropriate health care services.\\n 8. Upon request by an applicant or grantee the commissioner and the\\nrespective health system agency shall provide technical assistance.\\n 9. The commissioner shall submit to the chairs of the senate finance\\ncommittee and the assembly ways and means committee and the chairs of\\nthe assembly and senate health committees, a copy of any proposal\\nauthorized by the commissioner pursuant to this section not more than\\nthirty days after approval.\\n 10. With the exception of health networks, global budgets or health\\ncare demonstrations that seek to implement alternative reimbursement\\nmethodologies in general hospital settings only and/or for ambulatory\\nservices associated with general hospital outpatient and diagnostic and\\ntreatment center settings regarding payment for the medical assistance\\nprogram, as provided for in subdivisions ten and eleven of section\\ntwenty-eight hundred seven of this article, no health network, global\\nbudget or health care demonstration that seeks to implement alternative\\nreimbursement methodologies shall be approved or implemented without\\napproval pursuant to a chapter of the laws to be enacted by the\\nlegislature.\\n * NB Expired June 30, 1996\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2815", "title" : "Health facility restructuring program", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2019-04-19" ], "docLevelId" : "2815", "activeDate" : "2019-04-19", "sequenceNo" : 1086, "repealedDate" : null, "fromSection" : "2815", "toSection" : "2815", "text" : " § 2815. Health facility restructuring program. 1. Definitions. As used\\nin this section, the following words and phrases shall have the\\nfollowing meanings unless a different meaning is plainly required by the\\ncontext:\\n (a) \"Agency\" shall mean the New York state housing finance agency\\ncreated by article three of the private housing finance law.\\n (b) \"Authority\" shall mean the dormitory authority of the state of New\\nYork created by title four of article eight of the public authorities\\nlaw which has succeeded to the powers, functions and duties of the\\nmedical care facilities finance agency pursuant to chapter eighty-three\\nof the laws of nineteen hundred ninety-five.\\n (c) \"Participating borrower\" shall mean a not-for-profit general\\nhospital, a not-for-profit diagnostic center, a not-for-profit treatment\\ncenter, a not-for-profit residential health care facility or any other\\nnot-for-profit entity in possession of a valid operating certificate\\nissued pursuant to this article, each organized under the laws of this\\nstate, which has been approved for participation in this program by the\\ncommissioner.\\n (d) \"Restructuring pool\" shall mean the health facility restructuring\\npool authorized to be established by the authority pursuant to this\\nsection.\\n 2. The authority shall establish the restructuring pool. Funds shall\\nbe transferred by the commissioner to the authority for deposit in the\\nrestructuring pool as authorized pursuant to paragraph (d) of\\nsubdivision one of section twenty-eight hundred seven-l and paragraph\\n(b) of subdivision nineteen of section twenty-eight hundred seven-c of\\nthis article or any other provision of law. Funds in the restructuring\\npool shall be held by the authority pursuant to this section as\\ncustodian, administered by the authority pursuant to an agreement with\\nthe commissioner and invested by the authority in accordance with the\\ninvestment guidelines of the authority. All investment income shall be\\ncredited to, and any repayments of loans as hereinafter provided shall\\nbe deposited in, the restructuring pool, and spent therefrom only for\\nthe purposes set forth in this section.\\n 3. The commissioner, the authority and the agency shall enter into an\\nagreement, subject to the approval of the director of the budget, for\\nthe purpose of administering the funds in the restructuring pool in a\\nmanner that will benefit the public health by encouraging improvements\\nin the health care delivery system in the state. A copy of such\\nagreement, and any amendment thereto, shall be provided to the chair of\\nthe senate finance committee, the director of the division of budget,\\nand the chair of the assembly ways and means committee. Such agreement\\nshall include, but not be limited to, the following provisions:\\n (a) for the receipt, management and expenditure of funds held in the\\nrestructuring pool by the authority;\\n (b) for the development and implementation of business plans for\\nparticipating borrowers, addressing the development of service delivery\\nstrategies, including strategies for the formation or strengthening of\\nnetworks, affiliations or other business combinations, designed to\\nprovide long-term financial stability within and among participating\\nborrowers;\\n (c) for the expenditure or loan of funds by the authority from the\\nrestructuring pool to reimburse the authority or the agency, where\\nappropriate, for the costs of engaging management, legal or accounting\\nconsultants to identify, develop and implement improved strategies for\\none or more participating borrowers for implementing the recommendations\\nof such consultants, where appropriate, and for the payment of debt\\nservice on bonds, notes or other obligations issued or incurred by the\\nauthority or the agency to fund loans to one or more participating\\nborrowers;\\n (d) for assurances that participating borrowers will address the\\nrecommendations of such consultants and furnish the commissioner, the\\nauthority, and where applicable, the agency, with such additional\\nfinancial, management, legal and operational information as each may\\ndeem necessary to monitor the performance of a participating borrower;\\nand\\n (e) for the agency to obtain funds from the restructuring pool to be\\nused for the purposes set forth in this section.\\n 3-a. Any participating borrower may apply for restructuring pool funds\\nto the extent such funds are derived from deposits made pursuant to\\nparagraph (d) of subdivision one of section twenty-eight hundred seven-l\\nof this article, provided, however, that, in reviewing such\\napplications, the commissioner and the authority shall consider the\\nextent to which the applicant hospital has alternative available sources\\nof funds, including, but not limited to, funds available through\\naffiliation agreements with other hospitals or entities.\\n 4. To the extent funds are available from a participating borrower\\ntherefor, expenditures from the restructuring pool shall be repaid to\\nthe restructuring pool from repayments received by the authority, or the\\nagency where applicable, from a participating borrower pursuant to the\\nterms of any financing agreement, mortgage or loan document permitting\\nthe recovery from the participating borrower of such expenditures. The\\nauthority shall record and account for all such payments, which shall be\\ndeposited in the restructuring pool.\\n 5. Loans from the restructuring pool shall be made pursuant to an\\nagreement with the participating borrower specifying the terms thereof,\\nincluding repayment terms. The authority shall record and account for\\nall such repayments, which shall be deposited in the restructuring pool.\\nThe authority shall notify the chair of the senate finance committee,\\nthe director of the division of budget, the chair of the assembly ways\\nand means committee, the chair of the senate committee on health, and\\nthe chair of the assembly health committee, five days prior to the\\nmaking of a loan from the restructuring pool. The authority shall also\\nreport quarterly to such chairpersons on the transactions in the pool,\\nincluding but not limited to receipts or deposits to the pool,\\ndisbursements or loans made from the pool, investment income, and the\\nbalance on hand as of the end of the month for each such quarter.\\n 5-a. Notwithstanding anything in this section to the contrary, the\\nauthority is authorized and directed to transfer from the restructuring\\npool to the department, upon written request of the director of the\\nbudget and within thirty days thereof, funds repaid by participating\\nborrowers, and held by the authority relating to restructuring pool\\nloans funded by amounts transferred to the restructuring pool by the\\ndepartment or remaining funds in the restructuring pool that were\\ntransferred by the department, not to exceed a total of eighty-three\\nmillion five hundred thousand dollars, excepting therefrom amounts\\nnecessary to pay expenses of the authority as provided in the agreement\\ndescribed in subdivision three of this section. All participating\\nborrowers shall be obligated in their loan agreement to repay no later\\nthan March thirty-first, two thousand twenty all funds borrowed from the\\neighty-three million five hundred thousand dollars transferred by the\\ndepartment pursuant to this section, to fund these restructuring pool\\nloans. Further, in respect of these borrowed funds, all participating\\nborrowers shall be required under the terms of their loan agreement to\\nimmediately upon receipt of quality improvement incentive payments or\\nadditional supplemental assistance initiate repayment of an amount equal\\nto the quality improvement incentive payments or additional supplemental\\nassistance not to exceed the amount of such borrowed funds, unless a\\nwaiver or extension of repayment has been approved by the director of\\nthe budget.\\n 6. The commissioner is authorized, with the assistance and cooperation\\nof the authority, to provide a program of technical assistance to\\nparticipating borrowers.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2815-A", "title" : "Community health care revolving capital fund", "docType" : "SECTION", "publishedDates" : [ "2015-04-17" ], "docLevelId" : "2815-A", "activeDate" : "2015-04-17", "sequenceNo" : 1087, "repealedDate" : null, "fromSection" : "2815-A", "toSection" : "2815-A", "text" : " § 2815-a. Community health care revolving capital fund. 1.\\nDefinitions. As used in this section, the following words and phrases\\nshall have the following meanings unless a different meaning is plainly\\nrequired by the context:\\n a. \"Administrator\" shall mean a not for profit Community Development\\nFinancial Institution CDFI that is certified by the U.S. Treasury\\ncommunity development financial fund, has experience financing projects\\nin the New York state healthcare sector and otherwise meets the\\nrequirements of this section.\\n b. \"Dormitory authority\" or \"authority\" shall mean the dormitory\\nauthority of the state of New York created by title four of article\\neight of the public authorities law which has succeeded to the powers,\\nfunctions and duties of the medical care facilities finance agency\\npursuant to chapter eighty-three of the laws of nineteen hundred\\nninety-five.\\n c. \"Participating borrower\" shall mean a community-based health care\\nprovider, which for the purposes of this section, shall be defined as\\ndiagnostic and treatment center licensed or granted an operating\\ncertificate under article twenty-eight of this chapter, a mental health\\nclinic licensed or granted an operating certificate under article\\nthirty-one of the mental health law; or an alcohol and substance abuse\\ntreatment clinic licensed or granted an operating certificate under\\narticle thirty-two of the mental hygiene law, each organized under the\\nlaws of this state.\\n d. \"Revolving capital fund\" shall mean community health care revolving\\ncapital fund authorized to be established by the dormitory authority and\\nadministered pursuant to this section.\\n 2. Revolving capital fund. The dormitory authority shall, within\\namounts appropriated, establish the community health care revolving\\ncapital fund. Monies in the revolving capital fund shall be utilized for\\nthe purpose of making loans to qualifying participating borrowers to\\nimprove access to affordable capital financing to expand and improve\\ncapacity to provide health care in the State. Funds shall be transferred\\nby the commissioner to the dormitory authority for deposit in the\\nrevolving capital fund in an amount as authorized by appropriation.\\nMonies in the fund shall be: (a) held by the authority pursuant to this\\nsection as custodian pursuant to an agreement with the commissioner\\nuntil transferred to the administrator pursuant to this section, and (b)\\ninvested by the authority in accordance with the investment guidelines\\nof the authority during said custodial period. All investment income\\nshall be credited to, and shall be deposited in, the revolving capital\\nfund.\\n 3. Administration agreement. The commissioner and the authority shall\\nenter into an agreement, subject to the approval of the director of the\\nbudget, for the purpose of administering the funds in the revolving\\ncapital fund through an administrator. A copy of such agreement, and any\\namendments thereto, shall be provided to the chair of the senate finance\\ncommittee, the director of the division of budget, and the chair of the\\nassembly ways and means committee. The agreement shall specify that the\\nadministrator shall administer the community health care revolving\\ncapital fund in a manner that will benefit the public health by\\nencouraging improvements in the community health care delivery system in\\nthe state, in compliance with all applicable laws, rules, regulations\\nand other requirements.\\n 4. Agreement with the administrator. The dormitory authority shall, in\\nconsultation with the commissioner, enter into an agreement with the\\nadministrator. Such agreement shall provide for the administration of\\nthe revolving capital fund administrator, in accordance with the\\nrequirements of this section, the commissioner and dormitory authority\\nand all applicable laws, rules, regulations and other requirements. Upon\\nthe effective date of the agreement, custody of, and responsibility for,\\nthe revolving capital fund shall be transferred from the dormitory\\nauthority to the administrator, subject to the requirements of the\\nagreement. Such agreement shall include, but not be limited to, the\\nfollowing provisions:\\n a. That the administrator shall be responsible for the receipt,\\nmanagement and expenditure of monies held in the revolving capital fund;\\n b. That the administrator shall maintain books and records pertaining\\nto all monies received and disbursed pursuant to this section and the\\nagreement;\\n c. That monies in such revolving capital fund shall be utilized for\\nthe purpose of making loans to qualifying participating borrowers, to\\nprovide participating borrowers with improved access to affordable\\ncapital to expand and improve preventive or primary care capacity;\\n d. That participating borrowers shall be chosen by the administrator\\nthrough an application process approved by the authority and the\\ncommissioner;\\n e. That eligible uses of funds so loaned to participating borrowers\\nshall include but not be limited to: (i) eligible costs as described in\\nparagraph (f) of this subdivision, attributable to the proposed\\nconstruction, reconstruction, renovation, rehabilitation, refurbishing,\\nexpansion, upgrading and equipping of a participating borrower's\\ncommunity-based health care facility; (ii) reserves for credit\\nenhancement including loan guarantees; (iii) loan loss and debt service\\nreserves and subordinated loans; and (iv) facility financing, including\\nloans for predevelopment, acquisition and construction, permanent\\nfinancing and bridge loans;\\n f. That eligible costs under this section shall include, but not be\\nlimited to, all hard construction costs and associated professional and\\nother costs, furniture, fixtures and equipment, including health\\ninformation technology, acquisition, predevelopment due diligence,\\ninitial operating expenses and working capital;\\n g. That the administrator administering the revolving capital fund\\nshall report quarterly on the transactions in the revolving capital fund\\nin a form and manner specified by the authority in consultation with the\\ncommissioner, including but not limited to: receipts or deposits to the\\nfund, disbursements, loans or credit enhancement made from the fund,\\ninvestment income, and the balance on hand as of the end of the month\\nfor each such quarter;\\n h. That the administrator shall be required to invest monies on\\ndeposit in the fund in accordance with investment guidelines meeting the\\nrequirements of the department and dormitory authority, and all\\ninvestment income shall be credited to, and any repayment of loans as\\nhereinafter provided shall be deposited in, the revolving capital fund,\\nand spent therefrom only for the purposes set forth in this section;\\n i. That only the reasonable expenses of the administrator, as\\ndetermined by the commissioner and president of the authority, incurred\\nin the establishment and administration of the revolving capital loan\\nprogram (including the retention of professionals and consultants, if\\nany) may be paid or reimbursed from the revolving capital fund;\\n j. That revolving capital fund monies shall be held in trust and used\\nfor the benefit of eligible community-based health care facility capital\\nprojects; and\\n k. Any other term or condition as determined by the authority, in\\nconsultation with the commissioner.\\n 5. Loan documentation. Loans from the revolving capital fund shall be\\nmade pursuant to a written loan agreement between the administrator and\\nthe participating borrower, specifying the terms thereof including\\nrepayment terms. The loan agreement shall be in such form and content as\\nshall be acceptable to the commissioner and dormitory authority, and may\\ninclude such other any further written documentation and/or agreements\\nas shall be required in the judgment of the commissioner and dormitory\\nauthority, including but not limited to all required filings under the\\nUniform Commercial Code.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2816", "title" : "Statewide planning and research cooperative system", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-05-01", "2017-04-28", "2020-04-17", "2023-05-12", "2023-06-23", "2026-05-29" ], "docLevelId" : "2816", "activeDate" : "2017-04-28", "sequenceNo" : 1088, "repealedDate" : null, "fromSection" : "2816", "toSection" : "2816", "text" : " * § 2816. Statewide planning and research cooperative system. 1. (a)\\nThe statewide planning and research cooperative system in the department\\nis continued, as provided in and subject to this section, within amounts\\nappropriated for that purpose. The system shall be developed and\\noperated by the commissioner in consultation with the council, as may be\\nspecified by regulation of the commissioner. Any component or components\\nof the system may be operated under a different name or names, and may\\nbe structured as separate systems. In making regulations under this\\nsection, subsequent to April first, two thousand eleven, the\\ncommissioner shall consult with the superintendent of financial services\\nor the head of any agency that succeeds the department of financial\\nservices, health care providers, third-party health care payers, and\\nadvocates representing patients; protect the confidentiality of\\npatient-identifiable information; promote the accuracy and completeness\\nof reporting; and minimize the burden on institutional and\\nnon-institutional health care providers and third-party health care\\npayers.\\n (b) As used in this section, unless the context clearly requires\\notherwise:\\n (i) \"Health care\" means any services, supplies, equipment, or\\nprescription drugs referred to in subdivision two of this section.\\n (ii) \"Health care provider\" includes, in addition to its common\\nmeanings, a clinical laboratory, a pharmacy, an entity that is an\\nintegrated organization of health care providers, and an accountable\\ncare organization of health care providers.\\n (iii) \"System\" means the statewide planning and research cooperative\\nsystem under this section, and any separate system under this\\nsubdivision.\\n (iv) \"Third-party health care payer\" includes, but is not limited to,\\nan insurer, organization or corporation licensed or certified pursuant\\nto article thirty-two, forty-three or forty-seven of the insurance law,\\nor article forty-four of the public health law; or an entity such as a\\npharmacy benefits manager, fiscal administrator, or administrative\\nservices provider that participates in the administration of a\\nthird-party health care payer system.\\n (v) \"Covered person\" is a person covered under a third-party health\\ncare payer contract, agreement, or arrangement.\\n 2. Notwithstanding any provision of law to the contrary, regulations\\ngoverning the system shall include, but not be limited to, the\\nfollowing:\\n (a) Specification of patient, covered person, claims, and other data\\nelements and format which shall be reported including data related to:\\n (i) inpatient hospitalization data from general hospitals;\\n (ii) ambulatory surgery data from hospital-based ambulatory surgery\\nservices and all other ambulatory surgery facilities licensed under this\\narticle;\\n (iii) emergency department data from general hospitals;\\n (iv) outpatient, clinical laboratory, and prescription data, including\\nbut not limited to data from or relating to services, supplies,\\nequipment, and prescription drugs provided or ordered by general\\nhospitals and diagnostic and treatment centers licensed under this\\narticle, pharmacies, clinical laboratories, and other health care\\nproviders;\\n (v) covered person and claims data; and\\n (vi) the data specified in this paragraph shall include the\\nidentification of patients transferred, admitted or treated subsequent\\nto a medical, surgical or diagnostic procedure by a licensed health care\\nprofessional or at a health care site or facility.\\n (b) Standards to assure the protection of patient privacy in data\\ncollected, published, released, used and accessed under this section,\\nincluding compliance with applicable federal law.\\n (c) Standards for the publication, release, and use of and access to\\ndata reported in accordance with this section, including fees to be\\ncharged.\\n (d) Provisions requiring specified health care providers and\\nthird-party health care payers to report data to the system, with\\nspecifications of the data, circumstances, format, time and method of\\nreporting.\\n (e) Provisions to acquire data relating to health care provided (i) to\\npatients for whom there is no third-party health care payer and (ii)\\nunder arrangements that do not involve fee-for-service payment.\\n (f) Phased-in implementation of the system.\\n 3. The commissioner may provide that the system may participate in or\\ncooperate with a similar system operated by, or receive information from\\nor provide information to, a regional or national entity or another\\njurisdiction, including making appropriate agreements and applying for\\napprovals, provided that the protections for health care providers,\\npatients, and third-party health care payers in this section are\\npreserved and comparable provisions are included in the other system.\\n 4. The commissioner may provide for access to data in the system by a\\nhealth care provider relating to a patient being treated by the health\\ncare provider, subject to this section and applicable state and federal\\nlaw.\\n 5. In operating the system, the commissioner shall consider national\\nstandards, including but not limited to those approved by the National\\nUniform Billing Committee (NUBC) or required under national electronic\\ndata interchange (EDI) standards for health care transactions. The\\ncommissioner shall also consider the use of the Statewide Health\\nInformation Network for New York in relation to the system.\\n 6. Notwithstanding any inconsistent provision of law to the contrary,\\nincluding but not limited to section one hundred two of the executive\\nlaw, such rules and regulations may describe data elements by reference\\nto information reasonably available to regulated parties, as such\\nmaterial may be amended in the future, even though such material cannot\\nbe precisely identified to the extent that it is amended in the future;\\nprovided, however, that the commissioner shall precisely identify and\\npublish such data elements.\\n 7. The commissioner may contract with one or more entities to operate\\nany part of the system subject to this section.\\n 8. The commissioner may accept grants and enter into contracts as may\\nbe necessary to provide funding for the system.\\n 9. The commissioner shall publish an annual report relating to health\\ncare utilization, cost, quality, and safety, including data on health\\ndisparities.\\n * NB Effective until March 31, 2020\\n * § 2816. Statewide planning and research cooperative system. 1. The\\nstatewide planning and research cooperative system in the department is\\ncontinued, as provided in this section. The statewide planning and\\nresearch cooperative system shall be developed and operated by the\\ncommissioner in consultation with the council, and shall be comprised of\\nsuch data elements as may be specified by regulation.\\n 2. Regulations governing the statewide planning and research\\ncooperative system shall include, but not be limited to, the following:\\n (a) Specification of patient and other data elements and format to be\\nreported including data related to:\\n (i) inpatient hospitalization data from general hospitals;\\n (ii) ambulatory surgery data from hospital-based ambulatory surgery\\nservices and all other ambulatory surgery facilities licensed under this\\narticle;\\n (iii) emergency department data from general hospitals;\\n (iv) outpatient clinic data from general hospitals and diagnostic and\\ntreatment centers licensed under this article, provided, however, that\\nnotwithstanding subdivision one of this section the commissioner, in\\nconsultation with the health care industry, is authorized to promulgate\\nor adopt any rules or regulations necessary to implement the collection\\nof data pursuant to this subparagraph; and\\n (v) the data specified in this paragraph shall include the\\nidentification of patients transferred, admitted or treated subsequent\\nto a medical, surgical or diagnostic procedure by a licensed health care\\nprofessional at a site or facility other than those specified in\\nsubparagraph (i), (ii), (iii) or (iv) of this paragraph.\\n (b) Standards to assure the protection of patient privacy in data\\ncollected and released under this section.\\n (c) Standards for the publication and release of data reported in\\naccordance with this section.\\n * NB Effective March 31, 2020\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2816-A", "title" : "Cardiac services information", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2816-A", "activeDate" : "2014-09-22", "sequenceNo" : 1089, "repealedDate" : null, "fromSection" : "2816-A", "toSection" : "2816-A", "text" : " § 2816-a. Cardiac services information. 1. Definitions. For the\\npurposes of this section, the following terms shall have the following\\nmeanings:\\n (a) \"Cardiac services information\" shall mean the demographic,\\nclinical, procedural and outcome information collected from hospitals\\nand maintained by the department regarding patients who have been\\ndiagnosed or treated for cardiac disease or conditions.\\n (b) \"Cardiac data set\" shall mean a subset of cardiac services\\ninformation consisting of data elements relevant to a research project.\\n 2. Notwithstanding articles six and six-A of the public officers law,\\nthe commissioner may collect and maintain cardiac services information\\nand prepare and release cardiac data sets for use in research projects\\nas set forth in this subdivision. Any cardiac data set released shall\\ncontain the minimum amount of personally identifiable and demographic\\ninformation which the commissioner determines is necessary to conduct\\nthe research project provided, however, that no cardiac data set shall\\nbe released that contains patient names, social security numbers, or\\nother data elements that directly identify any patient.\\n 3. The commissioner may release cardiac data sets for research\\nprojects based on the following factors:\\n (a) the research project's potential contribution to improving the\\nquality of care and outcomes experienced by patients receiving cardiac\\nservices, the appropriateness of cardiac services, access to cardiac\\nservices, and/or the cost effectiveness of cardiac services;\\n (b) the technical feasibility of preparing the cardiac data set\\nrequested;\\n (c) the scientific merit of the research project;\\n (d) the experience and qualifications of the researchers;\\n (e) the research project's feasibility;\\n (f) the applicant's capacity and agreement to protect the\\nconfidentiality of the data;\\n (g) the research project's compliance with applicable state and\\nfederal laws, policies and regulations governing the protection of human\\nsubjects; and\\n (h) such other criteria as the commissioner develops in consultation\\nwith experts in cardiac services.\\n 4. Any researcher authorized by the commissioner to access a cardiac\\ndata set shall:\\n (a) maintain the security and confidentiality of the information;\\n (b) not disclose the cardiac data set, or any portion thereof, unless\\nspecifically permitted to do so by the commissioner;\\n (c) restrict the use of the data to the specific research project\\napproved by the commissioner;\\n (d) destroy, and document the destruction of, the data within a time\\nperiod specified by the commissioner; and\\n (e) execute and comply with a cardiac services data use agreement,\\nwhich includes but is not limited to provisions restricting the use and\\ndisclosure of the data.\\n 5. The commissioner shall charge a fee for each cardiac data set\\nreleased. Such fee shall be payable to the department, prior to the\\nrelease of any cardiac data set, for deposit into the general fund.\\n 6. The commissioner may promulgate and enforce such rules and\\nregulations as he or she deems necessary to effectuate the purposes of\\nthis section.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2817", "title" : "Community health centers capital program", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2817", "activeDate" : "2014-09-22", "sequenceNo" : 1090, "repealedDate" : null, "fromSection" : "2817", "toSection" : "2817", "text" : " § 2817. Community health centers capital program. 1. Definitions. As\\nused in this section, unless the context clearly requires otherwise, the\\nfollowing terms shall have the following meanings:\\n (a) \"Community health center\" means a not-for-profit corporation that\\nis licensed under this article as a diagnostic and treatment center,\\nwhich license is valid and in full force and effect, and that provides a\\ncomprehensive range of primary health care services in one or more\\nfreestanding sites, or a not-for-profit corporation that has applied for\\nlicensure under this article as a diagnostic and treatment center and\\nthat intends to provide a comprehensive range of primary health care\\nservices in one or more freestanding sites.\\n (b) \"Program\" means the community health centers program authorized by\\nthis section.\\n (c) \"Program funds\" means state funds available for the purposes of\\nthis section.\\n (d) \"Matching funds\" means any funds other than state funds (whether\\nderived from non-governmental or federal or local governmental sources),\\nwhich are available for the purposes of this section.\\n (e) \"Community health center project\" or \"project\" means the\\nconstruction, reconstruction, renovation, rehabilitation, refurbishing,\\nexpansion, upgrading, or equipping of a community health center under\\nthis section.\\n 2. Agreements. The commissioner is authorized to make funds available\\nfor community health center projects. The commissioner shall contract\\nwith one or more not-for-profit administrators, each of which shall be a\\nnot-for-profit corporation having demonstrated interest, expertise and\\nexperience in the development and financing of primary care and\\npreventive services in low income communities. The not-for-profit\\nadministrator shall award program funds and available matching funds to,\\nor for the benefit of, community health centers which apply for such\\nfunds in accordance with this section. The commissioner and the\\nnot-for-profit administrator shall enter into an agreement for the\\npurpose of administering the program and matching funds. Such agreement\\nshall provide, without limitation, for the following:\\n (a) the receipt, management and expenditure of program funds and\\nmatching funds;\\n (b) the solicitation of capital proposals to be submitted by or on\\nbehalf of community health centers;\\n (c) the solicitation of matching funds;\\n (d) the process by which the capital proposals are reviewed, evaluated\\nand funded; and\\n (e) the reasonable expenses of the not-for-profit administrator\\nincurred in the establishment and administration of this program,\\nincluding retention of professionals and consultants.\\n 3. Matching funds. (a) To leverage the benefit of program funds\\navailable pursuant to this section for community health center projects,\\neach allocation of program funds awarded to, or for the benefit of, a\\ncommunity health center shall be matched by an equal or greater amount\\nof matching funds and shall be conditioned on the availability of such\\nmatching funds for the community health center project.\\n (b) Matching funds shall be deemed available for the purposes of this\\nsection when the funds are deposited with the not-for-profit\\nadministrator, or are irrevocably committed for the community health\\ncenter project pursuant to a valid, binding and enforceable contract,\\nenforceable by the not-for-profit administrator for the benefit of the\\ncommunity health center project.\\n (c) Matching funds may be obtained by the not-for-profit administrator\\nor may be otherwise provided for a particular community health center\\nproject. In each such circumstance, or combination thereof, the\\nrequirements of paragraph (b) of this subdivision shall apply.\\n 4. Community health center projects. (a) An application to the\\nnot-for-profit administrator may be submitted by or on behalf of a\\ncommunity health center which meets the criteria for receiving funds set\\nforth in this section.\\n (b) The application shall specify in detail acceptable to the\\nnot-for-profit administrator the proposed construction, reconstruction,\\nrenovation, rehabilitation, refurbishing, expansion, upgrading and\\nequipping of a community health center.\\n (c) The application shall identify available sources of funds for the\\ncommunity health center project, including matching funds, if any. It\\nshall also identify any expenses already incurred in connection with the\\ncommunity health center project, and whether any reimbursement therefor\\nis sought in connection with the application.\\n (d) To receive an award of funds for the proposed community health\\ncenter project, the applicant, and if the applicant is not a community\\nhealth center, the community health center and the applicant, shall\\nenter into an agreement with the not-for-profit administrator governing\\nthe disbursement of funds, construction of the proposed project, and any\\nrequirements of the program under the agreement between the commissioner\\nand the not-for-profit administrator or otherwise required by law. The\\nagreement may include provisions for the repayment of all or a portion\\nof funds.\\n 5. Funding criteria. A community health center project may be funded\\nunder this section provided the community health center meets the\\ncriteria established in either of the following paragraphs:\\n (a) The community health center is a federally-qualified health center\\nas defined in 42 U.S.C. section 1395x (aa); or\\n (b) The community health center (i) has applied to the United States\\nDepartment of Health and Human Services for designation as a\\nfederally-qualified health center, (ii) is eligible for such\\ndesignation, and (iii) is located in, serves or intends to serve a\\ndesignated medically-underserved community as defined in 42 U.S.C.\\nsection 295p, a health professional shortage area as defined in 42\\nU.S.C. section 254e or a medically-underserved population as defined in\\n42 U.S.C. section 254b. A community health center that received funding\\npursuant to this paragraph, and does not secure designation as a\\nfederally-qualified health center within two years of its receipt of\\nfunds shall repay such funds as directed by the not-for-profit\\nadministrator.\\n 6. Administration of funds. (a) Program funds shall be received and\\nheld by the not-for-profit administrator under this section and the\\nagreement with the commissioner. Program funds shall be held in trust\\nand used for the benefit of the community health center projects. All\\ninvestment income shall be credited to, and any repayments of program\\nfunds shall be deposited in, the trust accounts established by the\\nnot-for-profit administrator for such purpose, and spent only for the\\npurposes set forth in this section.\\n (b) Notwithstanding the foregoing, the not-for-profit administrator\\nmay withdraw from the funds held by it under this section, subject to\\nthe agreement with the commissioner, amounts sufficient to pay or\\nreimburse its expenses as provided in paragraph (e) of subdivision two\\nof this section.\\n (c) The not-for-profit administrator shall maintain books and records\\npertaining to all moneys received and disbursed pursuant to this\\nsection. The agreement between the commissioner and the not-for-profit\\nadministrator shall provide for the distribution of funds upon the\\ntermination thereof. All remaining program funds, including earnings and\\nrepayments, if any, not subject to binding agreement for the expenditure\\nthereof, shall be paid at the direction of the commissioner to the state\\ncomptroller to the credit of the general fund. Upon termination of the\\nagreement, matching funds held by the not-for-profit administrator not\\nsubject to binding agreement for the expenditure thereof, shall be\\napplied consistent with the terms of the receipt of such matching funds,\\nor returned to the donor.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2818", "title" : "Health care efficiency and affordability law of New Yorkers (HEAL NY) capital grant program", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2818", "activeDate" : "2014-09-22", "sequenceNo" : 1091, "repealedDate" : null, "fromSection" : "2818", "toSection" : "2818", "text" : " § 2818. Health care efficiency and affordability law of New Yorkers\\n(HEAL NY) capital grant program. 1. The commissioner and the director of\\nthe dormitory authority of the state of New York shall enter into an\\nagreement, subject to the approval of the director of the budget, for\\nthe purpose of administering the funds available to the health care\\nefficiency and affordability law for New Yorkers (HEAL NY) capital grant\\nprogram as authorized under section sixteen hundred eighty-j of the\\npublic authorities law, in a manner that will encourage improvements in\\nthe operation and efficiency of the health care delivery system within\\nthe state. A copy of such agreement, and any amendments thereto, shall\\nbe provided to the chair of the senate finance committee, the director\\nof the division of budget and the chair of the assembly ways and means\\ncommittee.\\n Such agreement shall include criteria, to be developed by the\\ncommissioner and the director of the authority, to be considered in\\ntheir evaluation of applications and determination of awards, including,\\nbut not limited to:\\n (a) determination of eligible applicants, provided that such eligible\\napplicants shall include entities representative of any part of the\\nhealth care delivery system;\\n (b) consideration of statewide geographic distribution of funds;\\n (c) minimum and maximum amounts of funding to be awarded under the\\nprogram;\\n (d) the relationship between the project proposed by an applicant and\\nidentified community need; and\\n (e) the extent to which the applicant has access to alternative\\nfinancing.\\n Such agreement shall be provided to the chair of the senate finance\\ncommittee, the director of the division of budget and the chair of the\\nassembly ways and means committee no later than thirty days prior to the\\nscheduled approval of the first bond issuance for the program by the\\npublic authorities control board. The authority shall also report\\nquarterly to such chairpersons on the awards made through the program,\\nincluding the name of the applicant, a description of the project and\\nthe amount of the award.\\n The commissioner and the director of the authority shall award grants\\nto eligible applicants after due public notice of the availability of\\nfunds and through a process which ensures to the maximum extent\\npracticable and where appropriate, competition among such applicants,\\nconsistent with the following requirements: the commissioner and the\\ndirector of the authority shall publish the priorities and goals that\\nare to be achieved through grant funding, and regularly provide public\\nnotice of the availability of funding. These priorities and goals shall\\nbe consistent with objectives and determinations of the Commission on\\nHealth Care facilities in the Twenty-First Century established pursuant\\nto a chapter of the laws of two thousand five, provided, however, that\\nnothing shall prohibit the commissioner and the director for the\\nauthority from awarding grants prior to a final report by the\\ncommission. For each project that will be recommended for approval, the\\ncommissioner and the director of the authority shall report to the chair\\nof the senate finance committee, the director of the division of budget\\nand the chair of the assembly ways and means committee how the project\\nmeets the priorities, goals and criteria established pursuant to this\\nsection.\\n Contracts awarded to eligible applicants shall require that work\\nperformed thereunder shall be deemed \"public work\" and subject to and\\npreformed in accordance with articles eight, nine and ten of the labor\\nlaw and the contractors performing such work shall also be deemed a\\nstate agency for the purpose of article fifteen-A of the executive law\\nand subject to the provisions of such article.\\n 2. Notwithstanding the provisions of subdivision one of this section,\\nthe commissioner and the director of the dormitory authority may award,\\nin an amount not to exceed twenty-five percent of the health care system\\nimprovement capital grant program allocation in any given fiscal year,\\ngrants to eligible applicants without the process set forth in\\nsubdivision one of this section. With respect to the process for the\\nawarding of such funds without the process set forth in subdivision one\\nof this section, the commissioner and the director of the dormitory\\nauthority shall determine eligible awardees based solely on an\\napplicant's ability to meet the following criteria:\\n (i) Have a loss from operations for each of the three consecutive\\npreceding years as evidenced by audited financial statements; and\\n (ii) Have a negative fund balance or negative equity position in each\\nof the three preceding years as evidenced by audited financial\\nstatements; and\\n (iii) Have a current ratio of less than 1:1 for each of three\\nconsecutive preceding years; or\\n (iv) Be deemed to the satisfaction of the commissioner to be a\\nprovider that fulfills an unmet health care need for the community as\\ndetermined by the department through consideration of the volume of\\nMedicaid and medically indigent patients served; the service volume and\\nmix, including but not limited to maternity, pediatrics, trauma,\\nbehavioral and neurobehavioral, ventilator, and emergency room volume;\\nand, the significance of the institution in ensuring health care\\nservices access as measured by market share within the region.\\n (c) Prior to an award being granted to an eligible applicant without a\\ncompetitive bid or request for proposal process, the commissioner and\\nthe director of the dormitory authority shall notify the chair of the\\nsenate finance committee, the chair of the assembly ways and means\\ncommittee and the director of the division of budget of the intent to\\ngrant such an award. Such notice shall include information regarding how\\nthe eligible applicant meets criteria established pursuant to this\\nsection.\\n 3. Notwithstanding subdivisions one and two of this section, sections\\none hundred twelve and one hundred sixty-three of the state finance law,\\nor any other inconsistent provision of law, of the funds available for\\nexpenditure pursuant to this section, thirty million dollars may be\\nallocated and distributed by the commissioner without a competitive bid\\nor request for proposal process for grants to residential health care\\nfacilities for the purpose of restructuring such facilities to achieve a\\nreduction in certified inpatient bed capacity. Consideration relied upon\\nby the commissioner in determining the allocation and distribution of\\nthese funds shall include, but not be limited to, the following: (a) the\\nexisting and projected need for inpatient nursing home beds and\\ncommunity based long-term care services in the area in which a facility\\napplying for such funds is located; (b) the quality of the care being\\nprovided by the facility; (c) the ability of the facility to access, in\\na timely manner, alternative sources of funding, including other sources\\nof government funding; and (d) whether additional funding would permit\\nthe facility to achieve greater stability and efficiency in the delivery\\nof needed health care services.\\n 4. Notwithstanding the provisions of subdivision one of this section,\\nthe commissioner and the director of the dormitory authority may award,\\nin an amount not to exceed twenty-five million dollars of the health\\ncare system improvement capital grant program allocated in any given\\nfiscal year, grants to eligible applicants without the process set forth\\nin subdivision one of this section to provide necessary restructuring\\nsupport to hospitals for transition to a new reimbursement methodology.\\n (a) With respect to the process for the awarding of such funds without\\nthe process set forth in subdivision one of this section, the\\ncommissioner and director of the dormitory authority shall determine\\neligible awardees based solely on an applicant's ability to meet the\\nfollowing criteria:\\n (i) have a loss of operations for each of the three consecutive\\npreceding years as evidence by audited financial statements; and\\n (ii) have a negative fund balance or negative equity position in each\\nof the three preceding years as evidence by audited financial\\nstatements; and\\n (iii) have a current ratio of less than 1:1 for each of three\\nconsecutive preceding days; or\\n (iv) be deemed to the satisfaction of the commissioner to be a\\nprovider that fulfills an unmet health care need for the community as\\ndetermined by the department through consideration of the volume of\\nMedicaid and medically indigent patients served; the service volume and\\nmix, including but not limited to maternity, pediatrics, trauma,\\nbehavior and neurobehavioral, ventilator, and emergency room volume;\\nand, the significance of the institution in ensuring health care\\nservices access as measured by market share within the region; or\\n (v) be deemed to the satisfaction of the commissioner to have incurred\\noperating losses resulting from the implementation of reimbursement rate\\nreforms and other reductions enacted by a chapter of the laws of two\\nthousand nine, to provide for the continued financial viability of the\\napplicant.\\n (b) Prior to an award being granted to an eligible applicant without a\\ncompetitive bid or request for proposal process, the commissioner and\\nthe director of the dormitory authority shall notify the chair of the\\nsenate finance committee, the chair of the assembly ways and means\\ncommittee and the director of the budget of the intent to grant such an\\naward. Such notice shall include information regarding how the eligible\\napplicant meets criteria established pursuant to this section.\\n 5. (a) Notwithstanding subdivision one, two or three of this section,\\nthe commissioner, with the approval of the director of the budget, may\\nexpend funds for the purpose of providing cost effective increased\\naccess to the capital markets, including but not limited to through the\\nuse of mortgage insurance, credit enhancement, letters of credit, bond\\ninsurance or other arrangements, for capital projects that are\\ndetermined to meet one or more of the following objectives for hospitals\\nlicensed under this article:\\n (i) securing financing for facilities in a manner that will improve\\nthe operation and efficiency of the health care delivery system within\\nthe state;\\n (ii) securing financing for facilities in a manner consistent with the\\nobjectives and determinations of the Commission on Health Care\\nFacilities in the Twenty-First Century, established pursuant to chapter\\nsixty-three of the laws of two thousand five;\\n (iii) securing financing for facilities in a manner that will help\\nrightsize the state's acute care infrastructure, including reducing\\ninpatient capacity, downsizing, restructuring, and closing facilities;\\n (iv) securing financing for facilities in a manner that advances the\\nreform of the long-term care system, including through rightsizing and\\nproviding community-based services;\\n (v) securing financing for facilities in a manner that improves the\\nprimary and ambulatory care system including programs undertaken in\\ncollaboration with a local development corporation incorporated pursuant\\nto sections four hundred one and one thousand four hundred eleven of the\\nnot-for-profit corporation law to foster the development and expansion\\nof high quality, cost effective primary health care services and related\\nambulatory care and ancillary services benefiting medically underserved\\ncommunities, principally in the state, to increase access of community\\nresidents to such services, to improve the health status of such\\nresidents and to lessen the burdens of government and act in the public\\ninterest; and\\n (vi) such other objectives as the commissioner deems appropriate to\\neffectuate the intent of this subdivision.\\n (b) The commissioner may transfer funds to other state agencies or\\npublic authorities, with the approval of the director of budget, to\\neffectuate the purposes of this subdivision.\\n 6. Notwithstanding any contrary provision of this section, sections\\none hundred twelve and one hundred sixty-three of the state finance law,\\nor any other contrary provision of law, subject to available\\nappropriations, funds available for expenditure pursuant to this section\\nmay be distributed by the commissioner without a competitive bid or\\nrequest for proposal process for grants to general hospitals and\\nresidential health care facilities for the purpose of facilitating\\nclosures, mergers and restructuring of such facilities in order to\\nstrengthen and protect continued access to essential health care\\nresources. Provided however, that to the extent practicable, the\\ncommissioner shall award such grants equitably among health planning\\nregions of the state. Prior to an award being granted to an eligible\\napplicant without a competitive bid or request for proposal process, the\\ncommissioner shall notify the chair of the senate finance committee, the\\nchair of the assembly ways and means committee and the director of the\\ndivision of budget of the intent to grant such an award. Such notice\\nshall include information regarding how the eligible applicant meets\\ncriteria established pursuant to this section.\\n 7. Notwithstanding subdivisions one and two of this section, sections\\none hundred twelve and one hundred sixty-three of the state finance law,\\nor any other inconsistent provision of law, of the funds available for\\nexpenditure pursuant to this section, the commissioner may allocate and\\ndistribute, without a competitive bid or request for proposal process,\\ngrants to accountable care organizations under article twenty-nine-E of\\nthis chapter for the purpose of promoting their formation and improving\\ntheir operation. Consideration relied upon by the commissioner in\\ndetermining the allocation and distribution of these funds shall\\ninclude, but not be limited to, the need for and capacity of the\\naccountable care organization to accomplish the purposes of article\\ntwenty-nine-E of this chapter in the area to be served.\\n 8. On or before December first, two thousand fourteen, the department\\nshall issue a report to the governor, the temporary president of the\\nsenate and the speaker of the assembly regarding grants made pursuant to\\nthis section to support health information technology.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2819", "title" : "Hospital acquired infection reporting", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2819", "activeDate" : "2014-09-22", "sequenceNo" : 1092, "repealedDate" : null, "fromSection" : "2819", "toSection" : "2819", "text" : " § 2819. Hospital acquired infection reporting. 1. For the purposes of\\nthis section, \"hospital acquired infection\" shall mean any localized or\\nsystemic patient condition that:\\n (a) resulted from the presence of an infectious agent or agents, or\\nits toxin or toxins as determined by clinical examination or by\\nlaboratory testing; and\\n (b) was not found to be present or incubating at the time of admission\\nunless the infection was related to a previous admission.\\n 2. (a) Each general hospital shall maintain a program capable of\\nidentifying and tracking hospital acquired infections for the purpose of\\npublic reporting under this section and quality improvement.\\n (b) Such programs shall have the capacity to identify the following\\nelements: the specific infectious agents or toxins and site of each\\ninfection; the clinical department or unit within the facility where the\\npatient first became infected; and the patient's diagnoses and any\\nrelevant specific surgical, medical or diagnostic procedure performed\\nduring the current admission.\\n (c) The department shall establish guidelines, definitions, criteria,\\nstandards and coding for hospital identification, tracking and reporting\\nof hospital acquired infections which shall be consistent with the\\nrecommendations of recognized centers of expertise in the identification\\nand prevention of hospital acquired infections including, but not\\nlimited to the National Health Care Safety Network of the Centers for\\nDisease Control and Prevention or its successor. The department shall\\nsolicit and consider public comment prior to such establishment.\\n (d) Hospitals shall be initially required to identify, track and\\nreport hospital acquired infections that occur in critical care units to\\ninclude surgical wound infections and central line related bloodstream\\ninfections.\\n (e) For hospital acquired infections for which the department requires\\ntracking and reporting as permitted in this section, hospitals shall be\\nrequired to report a suspected or confirmed hospital-acquired infection\\nassociated with another hospital to the originating hospital.\\nDocumentation of reporting should be maintained for a minimum of six\\nyears.\\n (f) Subsequent to the initial requirements identified in paragraph (d)\\nof this subdivision the department may, from time to time, require the\\ntracking and reporting of other types of hospital acquired infections\\n(for example, ventilator - associated pneumonias) that occur in\\nhospitals in consultation with technical advisors who are regionally or\\nnationally-recognized experts in the prevention, identification and\\ncontrol of hospital acquired infection and the public reporting of\\nperformance data.\\n 3. Each hospital shall regularly report to the department the hospital\\ninfection data it has collected. The department shall establish data\\ncollection and analytical methodologies that meet accepted standards for\\nvalidity and reliability. The frequency of reporting shall be monthly,\\nand reports shall be submitted not more than sixty days after the close\\nof the reporting period.\\n 4. The commissioner shall establish a state-wide database of all\\nreported hospital acquired infection information for the purpose of\\nsupporting quality improvement and infection control activities in\\nhospitals. The database shall be organized so that consumers, hospitals,\\nhealthcare professionals, purchasers and payers may compare individual\\nhospital experience with that of other individual hospitals as well as\\nregional and state-wide averages and, where available, national data.\\n 5. (a) Subject to paragraph (c) of this subdivision, on or before\\nSeptember first of each year the commissioner shall submit a report to\\nthe governor and the legislature, which shall simultaneously be\\npublished in its entirety on the department's web site, that includes,\\nbut is not limited to, hospital acquired infection rates adjusted for\\nthe potential differences in risk factors for each reporting hospital,\\nan analysis of trends in the prevention and control of hospital acquired\\ninfection rates in hospitals across the state, regional and, if\\navailable, national comparisons for the purpose of comparing individual\\nhospital performance, and a narrative describing lessons for safety and\\nquality improvement that can be learned from leadership hospitals and\\nprograms.\\n (b) The commissioner shall consult with technical advisors who have\\nregionally or nationally acknowledged expertise in the prevention and\\ncontrol of hospital acquired infection and infectious disease in order\\nto develop the adjustment for potential differences in risk factors to\\nbe used for public reporting.\\n (c)(i) No later than July first, two thousand six, the department\\nshall establish a hospital acquired infection reporting system capable\\nof receiving electronically transmitted reports from hospitals.\\nHospitals shall begin to submit such reports as directed by the\\ncommissioner but in no case later than January first, two thousand\\nseven.\\n (ii) The first year of data submission under this section shall be\\nconsidered the \"pilot phase\" of the statewide hospital acquired\\ninfection reporting system. The purpose of the pilot phase is to ensure,\\nby various means, including any audit process referred to in subdivision\\nseven of this section, the completeness and accuracy of hospital\\nacquired infection reporting by hospitals. For data reported during the\\npilot phase, hospital identifiers shall be encrypted by the department\\nin any and all public databases and reports. The department shall\\nprovide each hospital with an encryption key for that hospital only to\\npermit access to its own performance data for internal quality\\nimprovement purposes.\\n (iii) No later than one hundred eighty days after the conclusion of\\nthe pilot phase, the department shall issue a report to hospitals\\nassessing the overall accuracy of the data submitted in the pilot phase\\nand provide guidance for improving the accuracy of hospital acquired\\ninfection reporting. The department shall issue a report to the governor\\nand the legislature assessing the overall completeness and accuracy of\\nthe data submitted by hospitals during the pilot phase and make\\nrecommendations for the improvement or modification of hospital acquired\\ninfection data reporting based on the pilot phase as well as share\\nlessons learned in prevention of hospital acquired infections. No\\nhospital identifiable data shall be included in the pilot phase report,\\nbut aggregate or otherwise de-identified data may be included.\\n (iv) After the pilot phase is completed, all data submitted under this\\nsection and compiled in the statewide hospital acquired infection\\ndatabase established herein and all public reports derived therefrom\\nshall include hospital identifiers.\\n 6. Subject to subdivision five of this section, a summary table, in a\\nformat designed to be easily understood by lay consumers, that includes\\nindividual facility hospital acquired infection rates adjusted for\\npotential differences in risk factors and comparisons with regional\\nand/or state averages shall be developed and posted on the department's\\nweb site. The commissioner shall consult with consumer and patient\\nadvocates and representatives of reporting facilities for the purpose of\\nensuring that such summary table report format is easily understandable\\nby the public, and clearly and accurately portrays comparative hospital\\nperformance in the prevention and control of hospital acquired\\ninfections.\\n 7. To assure the accuracy of the self-reported hospital acquired\\ninfection data and to assure that public reporting fairly reflects what\\nactually is occurring in each hospital, the department shall develop and\\nimplement an audit process.\\n 8. For the purpose of ensuring that hospitals have the resources\\nneeded for ongoing staff education and training in hospital acquired\\ninfection prevention and control, the department may make such grants to\\nhospitals within amounts appropriated therefor.\\n 9. Individual patient identifying information reported to the\\ndepartment under this section shall be subject to paragraph (j) of\\nsubdivision one of section two hundred six of this chapter. Regulations\\nunder this section shall include standards to assure the protection of\\npatient privacy in data collected and released under this section and\\nstandards for the publication and release of data reported under this\\nsection.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2820", "title" : "Home based primary care for the elderly demonstration project", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-08-21", "2020-05-01", "2025-05-16" ], "docLevelId" : "2820", "activeDate" : "2015-08-21", "sequenceNo" : 1093, "repealedDate" : null, "fromSection" : "2820", "toSection" : "2820", "text" : " * § 2820. Home based primary care for the elderly demonstration\\nproject. 1. Notwithstanding any law to the contrary there is hereby\\ncreated a demonstration program within the department to determine the\\neffectiveness of providing home based primary care services to elderly\\npatients as part of an integrated program of long term care services. As\\npart of the demonstration program a selected provider shall be\\nauthorized to provide physician, nurse-practitioner, physician assistant\\nand nursing services in the home of patients age sixty-five or older and\\nto other patients eligible for benefits pursuant to title XVIII of the\\nfederal social security act.\\n 2. The department may approve up to three providers as part of the\\ndemonstration program.\\n 3. In order to be an eligible provider an applicant must be licensed\\nto provide residential health care services. In addition such applicant\\nmust also provide the following services: on-site rehabilitative\\nservices, continuing care retirement community licensed pursuant to\\narticle forty-six of this chapter or other residential services for the\\nelderly or disabled licensed by the state and adult day services as\\nauthorized by the department.\\n 4. Any provider selected to participate in the demonstration program\\nshall annually report to the department on the number of patients\\nserved, the type of services provided, the cost of such services, the\\nsources of payment for such services, the number of patients served who\\nno longer remain in their homes and such other information as required\\nby the department to determine the effectiveness of the provision of\\nhome based physician and nurse-practitioner services on the health care\\nof patients.\\n * NB Repealed January 1, 2021\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2821", "title" : "State electronic health records (EHR) loan program", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2821", "activeDate" : "2014-09-22", "sequenceNo" : 1094, "repealedDate" : null, "fromSection" : "2821", "toSection" : "2821", "text" : " § 2821. State electronic health records (EHR) loan program. 1.\\nDefinitions. As used in this section, the following words and phrases\\nshall have the following meanings unless a different meaning is plainly\\nrequired by the context:\\n (a) \"Authority\" shall mean the dormitory authority of the state of New\\nYork created by title four of article eight of the public authorities\\nlaw which has succeeded to the powers, functions and duties of the\\nmedical care facilities finance agency pursuant to chapter eighty-three\\nof the laws of nineteen hundred ninety-five.\\n (b) \"Eligible health care provider\" shall mean any health care\\nprovider organized under the laws of this state eligible to receive\\nfederal funds, which has been approved for participation in this program\\nby the commissioner.\\n (c) \"EHR loan fund\" shall mean the certified electronic health records\\ntechnology loan fund authorized to be established by the authority\\npursuant to this section.\\n 2. The authority shall establish the EHR loan fund. Funds shall be\\ntransferred or appropriated to the authority for deposit in the EHR loan\\nfund as authorized pursuant to any provision of law. Funds in the EHR\\nloan fund shall be held by the authority pursuant to this section as\\ncustodian, administered by the authority pursuant to an agreement with\\nthe commissioner and invested by the authority in accordance with the\\ninvestment guidelines of the authority. All investment income shall be\\ncredited to, and any repayments of loans as hereinafter provided shall\\nbe deposited in, the EHR loan fund, and spent therefrom only for the\\npurposes set forth in this section.\\n 3. The commissioner and the authority shall enter into an agreement,\\nsubject to the approval of the director of the division of the budget,\\nfor the purpose of administering the moneys in the EHR loan fund in a\\nmanner that will benefit the public health by encouraging improvements\\nin the health care delivery system through the use of information\\ntechnology in the state. Such agreement shall include, but not be\\nlimited to, the following provisions:\\n (a) for the receipt, management and expenditure of funds held in the\\nEHR loan fund by the authority;\\n (b) for the development of program components, including but not\\nlimited to provider eligibility and terms and conditions of loans, and\\nfor the development and implementation of strategic plans for eligible\\nhealth care providers, addressing the development of meaningful\\nelectronic health record improvements, including strategies for\\nfacilitating the purchase of certified electronic health records\\ntechnology, enhancing the utilization of certified electronic health\\nrecords technology, training personnel in the use of such technology and\\nsupporting the secure exchange of electronic health information to and\\nfrom electronic health records; and\\n (c) other requirements set forth by the Secretary of the United States\\nDepartment of Health and Human Services with respect to the state EHR\\nloan fund for the expenditure by the authority from the EHR loan fund to\\nreimburse the authority and the department for the cost of administering\\nthe loan fund.\\n 4. Any eligible health care provider may apply for EHR loan funds to\\nthe extent such funds are derived from deposits made pursuant to law by\\nthe state. The commissioner and the authority shall consider the extent\\nto which an eligible health care provider can provide matching funds\\nthat may be required by law.\\n 5. To the extent funds are available from an eligible health care\\nprovider, expenditures from the EHR loan fund shall be repaid to the EHR\\nloan fund from repayments received by the authority, from an eligible\\nhealth care provider pursuant to the terms of any financing agreement,\\nmortgage or loan document permitting the recovery from the eligible\\nhealth care provider of such expenditures. The authority shall record\\nthe account for all such payments, which shall be deposited in the EHR\\nloan fund account.\\n 6. Loans from the EHR loan fund shall be made pursuant to an agreement\\nwith the eligible health care provider specifying the terms thereof,\\nincluding repayment terms. The authority shall record and account for\\nall such repayments, which shall be deposited in the EHR loan fund. The\\nauthority shall report annually to the director of the division of\\nbudget, the chair of the senate finance committee and the chair of the\\nassembly ways and means committee, on the transactions in the EHR loan\\nfund, including but not limited to deposits to the fund, loans made from\\nthe fund, investment income, and the balance on hand as of the end of\\neach year.\\n 7. The commissioner is authorized, with the assistance and cooperation\\nof the authority, to provide a program of technical assistance for\\neligible health care providers.\\n 8. The commissioner may promulgate regulations, including emergency\\nregulations, to implement the provisions of this section.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2822", "title" : "Residential care off-site facility demonstration project", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-07-10", "2018-07-06", "2021-07-02", "2024-07-05" ], "docLevelId" : "2822", "activeDate" : "2018-07-06", "sequenceNo" : 1095, "repealedDate" : null, "fromSection" : "2822", "toSection" : "2822", "text" : " * § 2822. Residential care off-site facility demonstration project. 1.\\nNotwithstanding any law to the contrary, there is hereby created a\\ndemonstration program within the department to assess reimbursement\\nmethodologies and delivery methods in conjunction with the provision of\\nphysical, occupational, and speech therapy and related education\\nservices provided by licensed professionals acting within their scope of\\npractice and employed by a residential health care facility at an\\noff-site facility operated by a residential health care facility. As\\npart of the demonstration program, a selected provider shall be\\nauthorized to provide such therapy and related services for persons in\\nneed of such care.\\n 2. The department may approve up to three providers as part of the\\ndemonstration program.\\n 3. In order to be an eligible provider an applicant must be issued an\\noperating certificate for the provision of residential health care\\nservices pursuant to this article which shall include a certificate to\\nprovide on-site outpatient services and demonstrate that the provision\\nof all physical, occupational, and speech therapy and related education\\nservices provided at the off-site facility will be in accordance with\\nall applicable safety standards set forth in state and local law.\\n 4. Any provider selected to participate in the demonstration program\\nshall annually report to the department on the number of patients\\nserved, the type of services provided, the cost of such services, the\\nsources of payment for such services, safety standards in place for the\\nprovisions of such services and such other information as required by\\nthe department to develop reimbursement methodologies and fee schedules\\nfor limited services and to determine the effectiveness of the provision\\nof therapy and related services at an off-site facility operated by a\\nresidential health care facility. During the demonstration period, an\\neligible provider approved for the purposes of this section shall not\\nhave their medical assistance rates adjusted for any additional costs\\nrelated to such demonstration project.\\n * NB Repealed June 30, 2021\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2823", "title" : "Supportive housing development program", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2823", "activeDate" : "2014-09-22", "sequenceNo" : 1096, "repealedDate" : null, "fromSection" : "2823", "toSection" : "2823", "text" : " § 2823. Supportive housing development program. 1. For the purposes of\\nthis section \"eligible applicant\" shall mean (a) a unit of local\\ngovernment, or (b) a not-for-profit corporation that has been in\\nexistence for a period of at least one year prior to application and has\\nbeen engaged in supportive housing programs for vulnerable populations.\\n 2. Grants provided pursuant to this section shall be used only to fund\\nhousing development activities and other general programmatic activities\\nto help ensure a stable system of supportive housing for vulnerable\\npersons in the community. Reinvestment funds for supportive housing for\\nvulnerable populations, which are general fund savings directly related\\nto inpatient hospital and nursing home bed decertification and/or\\nfacility closure, shall be allocated annually by the commissioner based\\nupon the following criteria:\\n (a) the efficiency and effectiveness of the use of funding for the\\ndevelopment of adequate and accessible housing to support vulnerable\\npersons in the community and to ensure access to supports necessary to\\nmaximize expected outcomes; and\\n (b) other relevant factors relating to the maintenance of existing\\nsupportive housing and the development of new supportive housing and\\nassociated services.\\n 3. The commissioner shall establish an application process by which\\neligible applicants may apply for a grant under this section. The\\napplication shall include:\\n (a) the geographic area in which the housing/services shall be\\nprovided;\\n (b) a detailed description of the housing/services to be provided;\\n (c) a plan for the efficient and effective use of funding for the\\ndevelopment of adequate and accessible housing to support vulnerable\\npersons in the community;\\n (d) other relevant factors relating to the need for maintenance of\\nexisting supportive housing and the development of new supportive\\nhousing and associated services; and\\n (e) any other information that the commissioner deems relevant and\\nappropriate.\\n 4. Grantees under this section shall file an annual report with the\\ncommissioner, in such form and with such information and data as the\\ncommissioner prescribes detailing the expenditure of grant funds. In\\naddition, the commissioner is authorized and empowered to make\\ninspections and examine records of any entity funded pursuant to\\nsubdivision two of this section. Such examination shall include all\\nmedical, service and financial records, receipts, disbursements,\\ncontracts, loans and other moneys relating to the financial operation of\\nthe provider.\\n 5. The amount of supportive housing development reinvestment funds for\\nthe department shall be subject to annual appropriation. The\\nmethodologies used to calculate the savings shall be developed by the\\ncommissioner and the director of the budget. In no event shall the full\\nannual value of supportive housing development reinvestment programs\\nattributable to inpatient hospital and nursing home bed decertification\\nand/or facility closure exceed the twelve month value of the department\\nof health general fund reductions resulting from such decertification\\nand/or facility closure.\\n 6. The annual supportive housing development reinvestment\\nappropriation shall reflect a proportion of the amount of general fund\\nsavings resulting from subdivision five of this section. Within any\\nfiscal year where appropriation increases are recommended for the\\nsupportive housing development reinvestment program, insofar as\\nprojected bed decertification and/or facility closures do not occur as\\nestimated, and general fund savings do not result, then the reinvestment\\nappropriations may be reduced in the next year's annual budget\\nitemization.\\n 7. No provision in this section shall create or be deemed to create\\nany right, interest or entitlement to services or funds that are subject\\nto this section, or to any other services or funds, whether to\\nindividuals, localities, providers or others, individually or\\ncollectively.\\n 8. The commissioner shall promulgate regulations, and may promulgate\\nemergency regulations, to effectuate the provisions of this section.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2824", "title" : "Central service technicians", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-01-09" ], "docLevelId" : "2824", "activeDate" : "2015-01-09", "sequenceNo" : 1097, "repealedDate" : null, "fromSection" : "2824", "toSection" : "2824", "text" : " * § 2824. Central service technicians. 1. For the purposes of this\\nsection, the terms:\\n (a) \"central service technician\" shall mean a person who provides the\\nservices of decontamination, preparation, packaging, sterilization, and\\nstorage and distribution of reusable medical instrumentation or devices\\nin healthcare facilities other than in the course of practicing as a\\nhealthcare professional.\\n (b) \"healthcare facility\" shall mean general hospital as defined by\\nsubdivision ten of section twenty-eight hundred one of this article or a\\nhospital as defined by subdivision one of section twenty-eight hundred\\none of this article operating as a diagnostic and treatment center\\nauthorized to provide ambulatory surgical services.\\n (c) \"healthcare professional\" shall mean a person licensed or\\ncertified pursuant to title eight of the education law.\\n 2. A person shall not function as a central service technician in a\\nhealthcare facility and a healthcare facility shall not employ or\\notherwise contract for the services of a central service technician\\nunless the person meets one of the following:\\n (a) (i) has successfully passed a nationally accredited central\\nservice exam for central service technicians; and (ii) holds and\\nmaintains one of the following credentials administered by a nationally\\naccredited central service technician credentialing organization: the\\ncertified registered central service technician credential, the\\ncertified sterile processing and distribution technician credential or a\\nsubstantially equivalent credential; or\\n (b) provides evidence that the person was employed or otherwise\\ncontracted for the services as a central service technician in a\\nhealthcare facility for a cumulative period of one year, occurring\\nwithin the four years immediately prior to the effective date of this\\nsection. In furtherance of this paragraph, any contractor or employer of\\npersons functioning as a central service technician on the effective\\ndate of this section shall confirm in writing to each employee or\\ncontractor his or her employment in a capacity functioning as a central\\nservice technician in a healthcare facility as of the effective date of\\nthis section; or\\n (c) is a student or intern performing the functions of a central\\nservice technician if the student or intern is under the direct\\nsupervision of an appropriately licensed or certified healthcare\\nprofessional and is functioning within the scope of the student's or\\nintern's training.\\n 3. A central service technician who does not meet the requirements of\\nparagraph (b) of subdivision two of this section shall have eighteen\\nmonths from the date of hire to obtain the certified registered central\\nservice technician credential or the certified sterile processing and\\ndistribution technician credential.\\n 4. A person who qualifies to function as a central service technician\\nin a healthcare facility under paragraphs (a) and (b) of subdivision two\\nof this section must annually complete ten hours of continuing education\\ncredits to remain qualified to function as a central service technician.\\n 5. (a) A central service technician shall document in writing good\\ncause that prevents compliance with the continuing education requirement\\nas prescribed in subdivision four of this section, which shall include\\nany of the following reasons: a medical condition which requires an\\nextended leave of absence and is documented by an appropriate healthcare\\nprofessional, or extended active duty with the armed forces of the\\nUnited States. If one of these conditions is met, an extension to\\nmeeting the continuing education requirement, as prescribed in\\nsubdivision four of this section, may be granted by:\\n (i) the accrediting agency of a central service technician qualifying\\nunder paragraph (a) of subdivision two of this section; or\\n (ii) a healthcare facility employing or contracting a central service\\ntechnician under paragraph (b) of subdivision two of this section.\\n (b) If an extension is granted, a central service technician shall\\ncomplete all past due continuing education requirements within ninety\\ndays upon resolution of the medical condition or termination of extended\\nactive duty with the armed forces of the United States.\\n 6. A healthcare facility may employ or otherwise contract with a\\nperson who does not meet the requirements of subdivision two of this\\nsection to function as a central service technician in a healthcare\\nfacility if:\\n (a) after a diligent and thorough effort has been made, the healthcare\\nfacility is unable to employ or contract with a sufficient number of\\nqualified central service technicians who meet the requirements of this\\nsection;\\n (b) the healthcare facility makes a written record of its efforts\\nunder paragraph (a) of this subdivision and retains the record at the\\nhealthcare facility; and\\n (c) the person meets the requirements of paragraph (a) of subdivision\\ntwo of this section within two years of the start of employment or\\ncontracting for the performance of central service technician duties.\\n 7. A healthcare facility that employs or contracts with a central\\nservice technician shall upon request of another healthcare facility, or\\nupon request of a central service technician employed by, formerly\\nemployed by or contracted to perform as a central service technician at\\nthe healthcare facility, verify the dates of employment or contract of\\nsuch person.\\n 8. Nothing in this section shall prohibit any healthcare professional\\nfrom performing central service technicians' tasks or functions if the\\nperson is acting within the scope of his or her practice. Nothing in\\nthis section shall mean that any individual not licensed pursuant to\\ntitle eight of the education law may perform tasks or functions limited\\nto the scope of practice of a healthcare professional under such title.\\n 9. The commissioner shall promulgate regulations as he or she may deem\\nappropriate to effectuate the purposes of this section.\\n * NB There are 2 § 2824's\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2824*2", "title" : "Surgical technology and surgical technologists", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-01-09" ], "docLevelId" : "2824*2", "activeDate" : "2015-01-09", "sequenceNo" : 1098, "repealedDate" : null, "fromSection" : "2824*2", "toSection" : "2824*2", "text" : " * § 2824. Surgical technology and surgical technologists. 1.\\nDefinitions. As used in this section, the following terms shall have the\\nfollowing meanings:\\n (a) \"Healthcare facility\" means a general hospital as defined by\\nsubdivision ten of section twenty-eight hundred one of this article or a\\nhospital as defined by subdivision one of section twenty-eight hundred\\none of this article operating as a diagnostic and treatment center\\nauthorized to provide ambulatory surgical services.\\n (b) \"Surgical technologist\" means a person who performs surgical\\ntechnology other than in the course of practicing as a healthcare\\nprofessional.\\n (c) \"Surgical technology\" means the following surgery related tasks\\nand functions:\\n (i) assisting healthcare professionals to prepare the operating room\\nand sterile field for surgical procedures, including assisting\\nhealthcare professionals to set up sterile supplies, instruments and\\nequipment using sterile technique and ensuring that surgical equipment\\nfunction properly and safely;\\n (ii) assisting healthcare professionals to move and position patients\\nfor surgery;\\n (iii) assisting healthcare professionals to perform non-invasive\\nprepping of the skin's surface and draping patients for surgery;\\n (iv) assisting the surgeon's provision of hemostasis during surgery by\\nhanding instruments;\\n (v) holding a retractor after placement by a healthcare professional;\\n (vi) anticipating instrument needs of a surgeon; and\\n (vii) other tasks incidental to surgery that do not fall within the\\nscope of practice of a licensed profession, as directed by the surgeon.\\nServices that fall within the practice of licensed professions include,\\nbut are not limited to:\\n (A) retracting tissue to expose the operating field during a surgical\\nprocedure;\\n (B) administering any medication by any route, including local and\\ntopical medications;\\n (C) placing hemostatic instruments or devices or applying cautery or\\ntying off bleeders;\\n (D) applying sutures or assisting with or performing wound closure;\\n (E) assisting the surgeon in identifying structures that should not be\\nligated; and\\n (F) applying wound dressings.\\n (d) \"Healthcare professional\" means a person licensed or certified to\\npractice a healthcare profession under title eight of the education law,\\nacting within the scope of his or her practice.\\n 2. A surgical technologist shall not perform surgical technology\\nexcept under the direction and supervision of an appropriately licensed\\nhealthcare professional participating in the surgery and acting within\\nthe scope of his or her practice to direct and supervise the surgical\\ntechnologist.\\n 3. Minimum standards for certification of surgical technologists. A\\nperson may not function as a surgical technologist in a healthcare\\nfacility, and a healthcare facility shall not employ or otherwise\\ncontract for the services of a surgical technologist, unless the person\\nmeets one of the following:\\n (a) has successfully completed a nationally accredited educational\\nprogram for surgical technologists and holds and maintains a certified\\nsurgical technologist credential administered by a nationally accredited\\nsurgical technologist credentialing organization;\\n (b) has completed an appropriate training program for surgical\\ntechnology in the United States Army, Navy, Air Force, Marine Corps,\\nCoast Guard or Public Health Service Commissioned Corps;\\n (c) provides evidence that the person was employed as a surgical\\ntechnologist in a healthcare facility for a cumulative period of one\\nyear, occurring within the four years immediately prior to the effective\\ndate of this section. In furtherance of this paragraph, any employer of\\npersons performing surgical technology on the effective date of this\\nsection shall confirm in writing to each employee his or her employment\\nin a capacity performing surgical technology in a healthcare facility as\\nof the effective date of this section; or\\n (d) is in the service of the federal government, to the extent the\\nperson is performing duties related to that service.\\n 4. A person may be employed or contracted to practice surgical\\ntechnology during the twelve month period immediately following\\nsuccessful completion of a surgical technology program under paragraph\\n(a) of subdivision three of this section, but may not continue to be\\nemployed or contracted with beyond that period without documentation\\nthat the employee or contractor holds and maintains a certified surgical\\ntechnologist credential required in paragraph (a) of subdivision three\\nof this section.\\n 5. A person who qualifies to function as a surgical technologist in a\\nhealthcare facility must annually complete fifteen hours of continuing\\neducation to remain qualified to practice as a surgical technologist. A\\nhealthcare facility that employs or contracts with a person to practice\\nsurgical technology shall verify that the person meets the continuing\\neducation requirements of this subdivision.\\n 6. (a) A surgical technologist shall document in writing good cause\\nthat prevents compliance with the continuing education requirement as\\nprescribed in subdivision five of this section, which shall include any\\nof the following reasons: a medical condition which requires an extended\\nleave of absence and is documented by an appropriate healthcare\\nprofessional, or extended active duty with the armed forces of the\\nUnited States. If one of these conditions is met, an extension to\\nmeeting the continuing education requirement, as prescribed in\\nsubdivision five of this section may be granted by:\\n (i) the accrediting agency of a surgical technologist qualifying under\\nparagraph (a) of subdivision three of this section; or\\n (ii) a healthcare facility for a surgical technologist under paragraph\\n(c) of subdivision three of this section.\\n (b) If an extension is granted, a surgical technologist shall complete\\nall past due continuing education requirements within ninety days upon\\nresolution of the medical condition or termination of extended active\\nduty with the armed forces of the United States.\\n 7. A healthcare facility may employ or otherwise contract with a\\nperson who does not meet the requirements of subdivision three of this\\nsection to function as a surgical technologist in a healthcare facility\\nif:\\n (a) after a diligent and thorough effort has been made, the healthcare\\nfacility is unable to employ or contract with a sufficient number of\\nqualified surgical technologists who meet the requirements of this\\nsection;\\n (b) the healthcare facility makes a written record of its efforts\\nunder paragraph (a) of this subdivision and retains the record at the\\nhealthcare facility; and\\n (c) the person meets the requirements of subdivision three of this\\nsection within two years of the start of employment or contracting for\\nthe performance of surgical technology.\\n 8. Nothing in this section shall prohibit any healthcare professional\\nfrom performing surgical technology tasks or functions if the person is\\nacting within the scope of his or her practice. Nothing in this section\\nshall mean that any individual not licensed pursuant to title eight of\\nthe education law may perform tasks or functions limited to the scope of\\npractice of a healthcare professional under such title.\\n 9. A healthcare facility that employs or contracts with a surgical\\ntechnologist shall, upon request of another healthcare facility, or upon\\nrequest of a surgical technologist employed by, formerly employed by or\\ncontracted with to perform surgical technology tasks at the healthcare\\nfacility, verify the dates of employment or contract of such person.\\n 10. The commissioner shall promulgate regulations as he or she may\\ndeem appropriate to effectuate the purposes of this section.\\n * NB There are 2 § 2824's\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2825", "title" : "Capital restructuring financing program", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-04-17" ], "docLevelId" : "2825", "activeDate" : "2015-04-17", "sequenceNo" : 1099, "repealedDate" : null, "fromSection" : "2825", "toSection" : "2825", "text" : " § 2825. Capital restructuring financing program. 1. A capital\\nrestructuring financing program is hereby established under the joint\\nadministration of the commissioner and the president of the dormitory\\nauthority of the state of New York for the purpose of enhancing the\\nquality, financial viability and efficiency of New York's health care\\ndelivery system by transforming the system into a more rational\\npatient-centered care system that promotes population health and\\nimproved well-being for all New Yorkers. The issuance of any bonds or\\nnotes hereunder shall further be subject to the approval of the director\\nof the division of the budget, and any projects funded through the\\nissuance of bonds or notes hereunder shall be approved by the New York\\nstate public authorities control board, as required under section\\nfifty-one of the public authorities law.\\n 2. For the period April first, two thousand fourteen through March\\nthirty-first, two thousand twenty-one, funds made available for\\nexpenditure pursuant to this section may be distributed by the\\ncommissioner and the president of the authority, in consultation with\\nthe commissioners of the office of mental health, office for people with\\ndevelopmental disabilities and office for alcoholism and substance abuse\\nservices, as applicable, for:\\n (a) capital grants to general hospitals, residential health care\\nfacilities, diagnostics and treatment centers, and clinics licensed\\npursuant to this chapter or the mental hygiene law, assisted living\\nprograms, primary care providers, and home care providers certified or\\nlicensed pursuant to article thirty-six of this chapter (collectively\\n\"applicants\") that qualify for payments under the delivery system reform\\nincentive payment program (DSRIP), in which case funding under this\\nparagraph shall be requested in such applicant's DSRIP application. Such\\ncapital grant projects include, but are not limited to; closures,\\nmergers, restructuring, improvements to infrastructure, development of\\nprimary care service capacity, development of telehealth infrastructure,\\nthe promotion of integrated delivery systems that strengthen and protect\\ncontinued access to essential health care services and other\\ntransformational projects as determined by the commissioner and the\\npresident of the authority.\\n (b) capital grants to general hospitals, residential health care\\nfacilities, diagnostic and treatment centers, and clinics licensed\\npursuant to this chapter or the mental hygiene law, assisted living\\nprograms, primary care providers, home care providers, certified or\\nlicensed pursuant to article thirty-six of this chapter (collectively\\n\"applicants\") that are non-qualifying and non-participating applicants\\nunder paragraph (a) of this subdivision, for capital non-operational\\nworks or purposes that support the purposes set forth in this section.\\nSuch capital grant projects include, but are not limited to; closures,\\nmergers, restructuring, improvements to infrastructure, development of\\nprimary care service capacity, development of telehealth infrastructure,\\nthe promotion of integrated delivery systems that strengthen and protect\\ncontinued access to essential health care services.\\n 3. The commissioner and the president of the authority shall enter\\ninto an agreement, subject to approval by the director of the budget and\\nsubject to section sixteen hundred eighty-r of the public authorities\\nlaw, as added by a chapter of the laws of two thousand fourteen, for the\\npurposes of awarding, distributing, and administering the funds made\\navailable pursuant to this section. To the extent practicable, funds\\nshall be awarded regionally in proportion to the applications received\\nfrom the request for application issued by or before May first, two\\nthousand fifteen. Projects awarded under sections twenty-eight hundred\\ntwenty-five-a and twenty-eight hundred twenty-five-b of this article\\nshall not be eligible for grants or awards made available under this\\nsection.\\n (a) For capital grant projects under paragraph (a) of subdivision two\\nof this section, the evaluation of applications shall be submitted\\npursuant to the process described in paragraph (b) of subdivision twenty\\nof section twenty-eight hundred seven of this article; provided,\\nhowever, that such capital grant projects shall not be subject to review\\nby the federal Centers for Medicare and Medicaid services.\\n (b) For monies allocated under paragraph (b) of subdivision two of\\nthis section:\\n (i) the department shall post on its website, for a period of no less\\nthan thirty days:\\n (A) the process by which such applications shall be reviewed;\\n (B) the criteria by which such applications shall be judged; and\\n (C) a list of approved and denied applications subsequent to such\\ndetermination.\\n (ii) the evaluation of applications shall be reviewed by the\\ndepartment, pursuant to a process to be determined by the department.\\nApplications shall then be subject to review by the panel established\\npursuant to paragraph (b) of subdivision twenty of section twenty-eight\\nhundred seven of this article, which shall submit its recommendations to\\nthe commissioner for final determination. Determination of awards for\\nfunds allocated under paragraph (b) of subdivision two of this section,\\nshall include, but not be limited to the following criteria:\\n (A) eligibility requirements for applicants;\\n (B) statewide geographic distribution of funds;\\n (C) minimum and maximum amounts of funding to be awarded under the\\nprogram;\\n (D) the relationship between the project proposed by an applicant and\\nidentified community need;\\n (E) the extent to which the applicant has access to alternative\\nfinancing;\\n (F) the extent to which the proposed project furthers the purposes set\\nforth in this section;\\n (G) the extent that the proposed project furthers the development of\\nprimary care;\\n (H) the extent to which the proposed project benefits Medicaid\\nenrollees and uninsured individuals;\\n (I) the extent to which the proposed project addresses potential risk\\nto patient safety and welfare;\\n (J) the extent that the proposed project involves an applicant that\\nreceives or has applied for a temporary rate adjustment pursuant to\\napplicable regulations; and\\n (K) the extent to which the proposed project will contribute to the\\nlong term sustainability of the applicant.\\n The commissioner shall provide a report on a quarterly basis to the\\nchairs of the senate finance, assembly ways and means, senate health and\\nassembly health committees. Such reports shall be submitted no later\\nthan sixty days after the close of the quarter, and shall conform to the\\nreporting requirements of subdivision twenty of section twenty-eight\\nhundred seven of this article, as applicable.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2825-A", "title" : "Health care facility transformation program: Kings county project", "docType" : "SECTION", "publishedDates" : [ "2015-04-17" ], "docLevelId" : "2825-A", "activeDate" : "2015-04-17", "sequenceNo" : 1100, "repealedDate" : null, "fromSection" : "2825-A", "toSection" : "2825-A", "text" : " § 2825-a. Health care facility transformation program: Kings county\\nproject. 1. A Kings county health care facility transformation program\\nis hereby established under the joint administration of the commissioner\\nand the president of the dormitory authority of the state of New York\\nfor the purpose of strengthening and protecting continued access to\\nhealth care services in communities. The program shall provide capital\\nfunding in support of projects that replace inefficient and outdated\\nfacilities as part of a merger, consolidation, acquisition or other\\nsignificant corporate restructuring activity intended to create a\\nfinancially sustainable system of care. The issuance of any bonds or\\nnotes hereunder shall be subject to the approval of the director of the\\ndivision of the budget, and any projects funded through the issuance of\\nbonds or notes hereunder shall be approved by the New York state public\\nauthorities control board, as required under section fifty-one of the\\npublic authorities law.\\n 2. The commissioner and the president of the authority shall enter\\ninto an agreement, subject to approval by the director of the budget,\\nand subject to section sixteen hundred eighty-r of the public\\nauthorities law, for the purposes of awarding, distributing, and\\nadministering the funds made available pursuant to this section. Such\\nfunds may be distributed by the commissioner and the president of the\\nauthority for capital grants to general hospitals, residential health\\ncare facilities, diagnostic and treatment centers, primary care\\nproviders, and home care providers, certified or licensed pursuant to\\narticle thirty-six of this chapter, for capital non-operational works or\\npurposes that support the purposes set forth in this section. A copy of\\nsuch agreement, and any amendments thereto, shall be provided to the\\nchair of the senate finance committee, the chair of the assembly ways\\nand means committee, and the director of the division of budget no later\\nthan thirty days prior to the release of a request for applications for\\nfunding under this program. Projects awarded under section twenty-eight\\nhundred twenty-five of this article shall not be eligible for grants or\\nawards made available under this section.\\n 3. Notwithstanding section one hundred sixty-three of the state\\nfinance law or any inconsistent provision of law to the contrary, up to\\nseven hundred million dollars of the funds appropriated for this program\\nshall be awarded without a competitive bid or request for proposal\\nprocess for capital grants to health care providers (hereafter\\n\"applicants\") located in the county of Kings.\\n (a) Eligible applicants shall serve communities whose residents are\\nexperiencing significant levels of health care disparities and health\\ncare needs compared to other communities within the county of Kings as\\nevidenced by:\\n (i) a high number of Medicaid enrollees and uninsured individuals;\\n (ii) elevated blood lead level rates among children, high rates of\\ndiabetes, high blood pressure, asthma, obesity, infant death or\\npremature birth, heart failure, behavioral health conditions, substance\\nabuse;\\n (iii) low levels of income, high rates of unemployment, distressed\\nhousing conditions, and poor nutritional status;\\n (iv) other risk factors as determined by the commissioner and the\\npresident of the authority; and\\n (b) Such eligible applicant shall:\\n (i) (A) have a loss from operations for each of the three consecutive\\npreceding years as evidenced by audited financial statements;\\n (B) have a negative fund balance or negative equity position in each\\nof the three preceding years as evidenced by audited financial\\nstatements; and\\n (C) have a current ratio of less than 1:1 for each of three\\nconsecutive preceding years; or\\n (ii) be deemed by the commissioner and president of the authority to\\nbe a provider that fulfills or will fulfill an unmet health care need\\nfor acute inpatient, outpatient, primary or residential health care\\nservices in a community.\\n 4. In determining awards for eligible applicants under this section,\\nthe commissioner and the president of the authority shall consider\\ncriteria including, but not limited to:\\n (a) the extent to which the proposed capital project will contribute\\nto the long term sustainability of the applicant or preservation of\\nessential health services in the community or communities served by the\\napplicant;\\n (b) the extent to which the proposed project or purpose is aligned\\nwith delivery system reform incentive payment (\"DSRIP\") program goals\\nand objectives;\\n (c) the relationship between the proposed capital project and\\nidentified community need;\\n (d) the extent that the proposed capital project furthers the\\ndevelopment of primary care and other outpatient services;\\n (e) the extent to which the proposed capital project benefits Medicaid\\nenrollees and uninsured individuals;\\n (f) the extent to which the applicant has engaged the community\\naffected by the proposed capital project and the manner in which\\ncommunity engagement has shaped such capital project; and\\n (g) the extent to which the proposed capital project addresses\\npotential risk to patient safety and welfare.\\n 5. The department shall provide a report on a quarterly basis to the\\nchairs of the senate finance, assembly ways and means, senate health and\\nassembly health committees. Such reports shall be submitted no later\\nthan sixty days after the close of the quarter, and shall conform to the\\nreporting requirements of subdivision twenty of section twenty-eight\\nhundred seven of this article, as applicable.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2825-B", "title" : "Oneida county health care facility transformation program: Oneida county project", "docType" : "SECTION", "publishedDates" : [ "2015-04-17" ], "docLevelId" : "2825-B", "activeDate" : "2015-04-17", "sequenceNo" : 1101, "repealedDate" : null, "fromSection" : "2825-B", "toSection" : "2825-B", "text" : " § 2825-b. Oneida county health care facility transformation program:\\nOneida county project. 1. An Oneida county health care facility\\ntransformation program is hereby established under the joint\\nadministration of the commissioner and the president of the dormitory\\nauthority of the state of New York for the purpose of strengthening and\\nprotecting continued access to health care services in communities. The\\nprogram shall provide capital funding in support of projects located in\\nthe largest population center in Oneida county that consolidate multiple\\nlicensed health care facilities into an integrated system of care. The\\nissuance of any bonds or notes hereunder shall be subject to the\\napproval of the director of the division of the budget, and any projects\\nfunded through the issuance of bonds or notes hereunder shall be\\napproved by the New York state public authorities control board, as\\nrequired under section fifty-one of the public authorities law.\\n 2. The commissioner and the president of the authority shall enter\\ninto an agreement, subject to approval by the director of the budget,\\nand subject to section sixteen hundred eighty-r of the public\\nauthorities law, for the purposes of awarding, distributing, and\\nadministering the funds made available pursuant to this section. Such\\nfunds may be distributed by the commissioner and the president of the\\nauthority for capital grants to general hospitals for the purposes of\\nconsolidating multiple licensed health care facilities into an\\nintegrated system of care for capital non-operational works or purposes\\nthat support the purposes set forth in this section. A copy of such\\nagreement, and any amendments thereto, shall be provided to the chair of\\nthe senate finance committee, the chair of the assembly ways and means\\ncommittee, and the director of the division of budget no later than\\nthirty days prior to the release of a request for applications for\\nfunding under this program. Projects awarded under section twenty-eight\\nhundred twenty-five of this article shall not be eligible for grants or\\nawards made available under this section.\\n 3. Notwithstanding section one hundred sixty-three of the state\\nfinance law or any inconsistent provision of law to the contrary, up to\\nthree hundred million dollars of the funds appropriated for this program\\nshall be awarded without a competitive bid or request for proposal\\nprocess for capital grants to health care providers (hereafter\\n\"applicants\") located in the county of Oneida.\\n 4. In determining awards for eligible applicants under this section,\\nthe commissioner and the president of the authority shall consider\\ncriteria including, but not limited to:\\n (a) the extent to which the proposed capital project will contribute\\nto the integration of health care services and long term sustainability\\nof the applicant or preservation of essential health services in the\\ncommunity or communities served by the applicant;\\n (b) the extent to which the proposed project or purpose is aligned\\nwith delivery system reform incentive payment (\"DSRIP\") program goals\\nand objectives;\\n (c) the relationship between the proposed capital project and\\nidentified community need;\\n (d) the extent that the proposed capital project furthers the\\ndevelopment of primary care and other outpatient services;\\n (e) the extent to which the proposed capital project benefits Medicaid\\nenrollees and uninsured individuals;\\n (f) the extent to which the applicant has engaged the community\\naffected by the proposed capital project and the manner in which\\ncommunity engagement has shaped such capital project; and\\n (g) the extent to which the proposed capital project addresses\\npotential risk to patient safety and welfare.\\n 5. The department shall provide a report on a quarterly basis to the\\nchairs of the senate finance, assembly ways and means, senate health and\\nassembly health committees. Such reports shall be submitted no later\\nthan sixty days after the close of the quarter, and shall conform to the\\nreporting requirements of subdivision twenty of section twenty-eight\\nhundred seven of this article, as applicable.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2825-C", "title" : "Essential health care provider support program", "docType" : "SECTION", "publishedDates" : [ "2015-04-17" ], "docLevelId" : "2825-C", "activeDate" : "2015-04-17", "sequenceNo" : 1102, "repealedDate" : null, "fromSection" : "2825-C", "toSection" : "2825-C", "text" : " § 2825-c. Essential health care provider support program. 1.\\nNotwithstanding section one hundred sixty-three of the state finance\\nlaw, or any inconsistent provision of law to the contrary, within\\namounts appropriated, funds may be allocated and distributed by the\\ncommissioner without a competitive bid or request for proposal process,\\nfor grants to essential health care providers to support debt\\nretirement, capital projects or non-capital projects that facilitate\\nhealth care transformation, including mergers, consolidation, and\\nrestructuring activities intended to create a financially sustainable\\nsystem of care. Grants shall not be available to support general\\noperating expenses. For purposes of this section, an essential health\\ncare provider is a hospital or hospital system that, in the discretion\\nof the commissioner, offers health care services within a defined\\ngeographic region where such services would otherwise be unavailable to\\nthe population of such region.\\n 2. The commissioner shall award grants for projects consistent with\\nthe purposes of this section. Eligible applicants shall meet the\\nfollowing criteria:\\n (a) (i) have a loss from operations for each of the three consecutive\\npreceding years as evidenced by audited financial statements;\\n (ii) have a negative fund balance or negative equity position in each\\nof the three preceding years as evidenced by audited financial\\nstatements; and\\n (iii) have a current ratio of less than 1:1 for each of three\\nconsecutive preceding years; or\\n (b) be deemed by the commissioner to be a provider that fulfills or\\nwill fulfill an unmet need for acute inpatient, outpatient, primary or\\nresidential health care services in a defined geographic region where\\nsuch services would be otherwise unavailable to the population of such\\nregion.\\n 3. Such awards shall be distributed pursuant to criteria, including\\nbut not limited to:\\n (a) the extent to which the proposed project will contribute to the\\nlong term sustainability of the applicant or preservation of essential\\nhealth care services in a community;\\n (b) the extent to which the proposed project or purpose is aligned\\nwith delivery system reform incentive payment (\"DSRIP\") program goals\\nand objectives;\\n (c) consideration of geographic distribution of funds;\\n (d) the relationship between the proposed project and an identified\\ncommunity need;\\n (e) the extent to which the applicant has access to alternative\\nfinancing;\\n (f) the extent to which the proposed project furthers the development\\nof primary care;\\n (g) the extent to which the proposed project benefits Medicaid\\nenrollees and uninsured individuals;\\n (h) the extent to which the applicant has engaged the community\\naffected by the proposed project and the manner in which the community\\nengagement has shaped such project; and\\n (i) the extent to which the proposed project addresses potential risk\\nto patient safety and welfare.\\n 4. Disbursement of awards made pursuant to this section shall be\\nconditioned on the awardee achieving certain process and performance\\nmetrics and milestones as determined in the sole discretion of the\\ncommissioner. Such metrics and milestones shall be structured to ensure\\nthat the health care transformation and provider sustainability goals of\\nthe project are achieved, and such metrics and milestones shall be\\nincluded in grant disbursement agreements or other contractual documents\\nas required by the commissioner.\\n 5. The department shall provide a report on a quarterly basis to the\\nchairs of the senate finance, assembly ways and means, senate health and\\nassembly health committees. Such reports shall be submitted no later\\nthan sixty days after the close of the quarter, and shall include, for\\neach award, the name of the applicant, a description of the project or\\npurpose, the amount of the award, disbursement date, and status of\\nachievement of process and performance metrics and milestones pursuant\\nto subdivision four of this section.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2825-D", "title" : "Health care facility transformation program: statewide", "docType" : "SECTION", "publishedDates" : [ "2016-04-22" ], "docLevelId" : "2825-D", "activeDate" : "2016-04-22", "sequenceNo" : 1103, "repealedDate" : null, "fromSection" : "2825-D", "toSection" : "2825-D", "text" : " § 2825-d. Health care facility transformation program: statewide. 1. A\\nstatewide health care facility transformation program is hereby\\nestablished under the joint administration of the commissioner and the\\npresident of the dormitory authority of the state of New York for the\\npurpose of strengthening and protecting continued access to health care\\nservices in communities. The program shall provide capital funding in\\nsupport of projects that replace inefficient and outdated facilities as\\npart of a merger, consolidation, acquisition or other significant\\ncorporate restructuring activity that is part of an overall\\ntransformation plan intended to create a financially sustainable system\\nof care. The issuance of any bonds or notes hereunder shall be subject\\nto section sixteen hundred eighty-r of the public authorities law and\\nthe approval of the director of the division of the budget, and any\\nprojects funded through the issuance of bonds or notes hereunder shall\\nbe approved by the New York state public authorities control board, as\\nrequired under section fifty-one of the public authorities law.\\n 2. The commissioner and the president of the authority shall enter\\ninto an agreement, subject to approval by the director of the budget,\\nand subject to section sixteen hundred eighty-r of the public\\nauthorities law, for the purposes of awarding, distributing, and\\nadministering the funds made available pursuant to this section. Such\\nfunds may be distributed by the commissioner and the president of the\\nauthority for capital grants to general hospitals, residential health\\ncare facilities, diagnostic and treatment centers and clinics licensed\\npursuant to this chapter or the mental hygiene law, for capital\\nnon-operational works or purposes that support the purposes set forth in\\nthis section. A copy of such agreement, and any amendments thereto,\\nshall be provided to the chair of the senate finance committee, the\\nchair of the assembly ways and means committee, and the director of the\\ndivision of budget no later than thirty days prior to the release of a\\nrequest for applications for funding under this program. Priority shall\\nbe given to projects not funded, in whole or in part, under section\\ntwenty-eight hundred twenty-five or twenty-eight hundred twenty-five-c\\nof this article. Projects awarded, in whole or part, under sections\\ntwenty-eight hundred twenty-five-a and twenty-eight hundred\\ntwenty-five-b of this article shall not be eligible for grants or awards\\nmade available under this section.\\n 3. Notwithstanding section one hundred sixty-three of the state\\nfinance law or any inconsistent provision of law to the contrary, up to\\ntwo hundred million dollars of the funds appropriated for this program\\nshall be awarded without a competitive bid or request for proposal\\nprocess for capital grants to health care providers (hereafter\\n\"applicants\"). Provided however that a minimum of thirty million\\ndollars of total awarded funds shall be made to community-based health\\ncare providers, which, for purposes of this section shall be defined as\\na diagnostic and treatment center licensed or granted an operating\\ncertificate under this article; a mental health clinic licensed or\\ngranted an operating certificate under article thirty-one of the mental\\nhygiene law; an alcohol and substance abuse treatment clinic licensed or\\ngranted an operating certificate under article thirty-two of the mental\\nhygiene law; primary care providers; or a home care provider certified\\nor licensed pursuant to article thirty-six of this chapter. Eligible\\napplicants shall be those deemed by the commissioner to be a provider\\nthat fulfills or will fulfill a health care need for acute inpatient,\\noutpatient, primary, home care or residential health care services in a\\ncommunity.\\n 4. In determining awards for eligible applicants under this section,\\nthe commissioner and the president of the authority shall consider\\ncriteria including, but not limited to:\\n (a) the extent to which the proposed capital project will contribute\\nto the integration of health care services and long term sustainability\\nof the applicant or preservation of essential health services in the\\ncommunity or communities served by the applicant;\\n (b) the extent to which the proposed project or purpose is aligned\\nwith delivery system reform incentive payment (\"DSRIP\") program goals\\nand objectives;\\n (c) consideration of geographic distribution of funds;\\n (d) the relationship between the proposed capital project and\\nidentified community need;\\n (e) the extent to which the applicant has access to alternative\\nfinancing;\\n (f) the extent that the proposed capital project furthers the\\ndevelopment of primary care and other outpatient services;\\n (g) the extent to which the proposed capital project benefits Medicaid\\nenrollees and uninsured individuals;\\n (h) the extent to which the applicant has engaged the community\\naffected by the proposed capital project and the manner in which\\ncommunity engagement has shaped such capital project; and\\n (i) the extent to which the proposed capital project addresses\\npotential risk to patient safety and welfare.\\n 5. Disbursement of awards made pursuant to this section shall be\\nconditioned on the awardee achieving certain process and performance\\nmetrics and milestones as determined in the sole discretion of the\\ncommissioner. Such metrics and milestones shall be structured to ensure\\nthat the health care transformation and provider sustainability goals of\\nthe project are achieved, and such metrics and milestones shall be\\nincluded in grant disbursement agreements or other contractual documents\\nas required by the commissioner.\\n 6. The department shall provide a report on a quarterly basis to the\\nchairs of the senate finance, assembly ways and means, senate health and\\nassembly health committees. Such reports shall be submitted no later\\nthan sixty days after the close of the quarter, and shall include, for\\neach award, the name of the applicant, a description of the project or\\npurpose, the amount of the award, disbursement date, and status of\\nachievement of process and performance metrics and milestones pursuant\\nto subdivision five of this section.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2825-E", "title" : "Health care facility transformation program: statewide II", "docType" : "SECTION", "publishedDates" : [ "2017-04-21" ], "docLevelId" : "2825-E", "activeDate" : "2017-04-21", "sequenceNo" : 1104, "repealedDate" : null, "fromSection" : "2825-E", "toSection" : "2825-E", "text" : " § 2825-e. Health care facility transformation program: statewide II.\\n1. A statewide health care facility transformation program is hereby\\nestablished under the joint administration of the commissioner and the\\npresident of the dormitory authority of the state of New York for the\\npurpose of strengthening and protecting continued access to health care\\nservices in communities. The program shall provide funding in support of\\ncapital projects, debt retirement, working capital or other non-capital\\nprojects that facilitate health care transformation activities\\nincluding, but not limited to, merger, consolidation, acquisition or\\nother activities intended to create financially sustainable systems of\\ncare or preserve or expand essential health care services. Grants shall\\nnot be available to support general operating expenses. The issuance of\\nany bonds or notes hereunder shall be subject to section sixteen hundred\\neighty-r of the public authorities law and the approval of the director\\nof the division of the budget, and any projects funded through the\\nissuance of bonds or notes hereunder shall be approved by the New York\\nstate public authorities control board, as required under section\\nfifty-one of the public authorities law.\\n 2. The commissioner and the president of the dormitory authority shall\\nenter into an agreement, subject to approval by the director of the\\nbudget, and subject to section sixteen hundred eighty-r of the public\\nauthorities law, for the purposes of awarding, distributing, and\\nadministering the funds made available pursuant to this section. Such\\nfunds may be distributed by the commissioner for capital grants to\\ngeneral hospitals, residential health care facilities, diagnostic and\\ntreatment centers and clinics licensed pursuant to this chapter or the\\nmental hygiene law, and community-based health care providers as defined\\nin subdivision three of this section for works or purposes that support\\nthe purposes set forth in this section. A copy of such agreement, and\\nany amendments thereto, shall be provided to the chair of the senate\\nfinance committee, the chair of the assembly ways and means committee,\\nand the director of the division of the budget no later than thirty days\\nprior to the release of a request for applications for funding under\\nthis program. Priority shall be given to new applications for projects\\nnot funded under section twenty-eight hundred twenty-five-d of this\\narticle. Projects awarded, in whole or part, under sections twenty-eight\\nhundred twenty-five-a and twenty-eight hundred twenty-five-b of this\\narticle shall not be eligible for grants or awards made available under\\nthis section.\\n 3. Notwithstanding section one hundred sixty-three of the state\\nfinance law or any inconsistent provision of law to the contrary, up to\\nfive hundred million dollars of the funds appropriated for this program\\nshall be awarded without a competitive bid or request for proposal\\nprocess for grants to health care providers (hereafter \"applicants\").\\nProvided, however, that a minimum of seventy-five million dollars of\\ntotal awarded funds shall be made to community-based health care\\nproviders, which for purposes of this section shall be defined as a\\ndiagnostic and treatment center licensed or granted an operating\\ncertificate under this article; a mental health clinic licensed or\\ngranted an operating certificate under article thirty-one of the mental\\nhygiene law; an alcohol and substance abuse treatment clinic licensed or\\ngranted an operating certificate under article thirty-two of the mental\\nhygiene law; a primary care provider or a home care provider certified\\nor licensed pursuant to article thirty-six of this chapter; or other\\npurposes and community-based providers designated by the commissioner\\npursuant to information obtained pursuant to subdivision four-a of this\\nsection. Eligible applicants shall be those deemed by the commissioner\\nto be a provider that fulfills or will fulfill a health care need for\\nacute inpatient, outpatient, primary, home care or residential health\\ncare services in a community.\\n 4. Notwithstanding subdivision two of this section or any inconsistent\\nprovision of law to the contrary, and upon approval of the director of\\nthe budget, the commissioner may award up to three hundred million\\ndollars of the funds made available pursuant to this section for\\nunfunded project applications submitted in response to the request for\\napplications number 1607010255 issued by the department on July\\ntwentieth, two thousand sixteen pursuant to section twenty-eight hundred\\ntwenty-five-d of this article, provided however that the provisions of\\nsubdivision three of this section shall apply.\\n 4-a. Authorized amounts to be awarded pursuant to applications\\nsubmitted in response to the request for application number 1607010255\\nshall be awarded no later than May first, two thousand seventeen. The\\ncommissioner shall not issue a request for application for the remaining\\nappropriated amounts on or before June first, two thousand seventeen to\\nallow stakeholder, community, and legislative input regarding program\\neligibility, award criteria and the process by which the remaining funds\\nwill be awarded.\\n 5. In determining awards for eligible applicants under this section,\\nthe commissioner shall consider stakeholder, community, and legislative\\ninput pursuant to subdivision four-a of this section, and other criteria\\nincluding, but not limited to:\\n (a) The extent to which the proposed project will contribute to the\\nintegration of health care services or the long term sustainability of\\nthe applicant or preservation of essential health services in the\\ncommunity or communities served by the applicant;\\n (b) The extent to which the proposed project or purpose is aligned\\nwith delivery system reform incentive payment (\"DSRIP\") program goals\\nand objectives;\\n (c) Consideration of geographic distribution of funds;\\n (d) The relationship between the proposed project and identified\\ncommunity need;\\n (e) The extent to which the applicant has access to alternative\\nfinancing;\\n (f) The extent that the proposed project furthers the development of\\nprimary care and other outpatient services;\\n (g) The extent to which the proposed project benefits Medicaid\\nenrollees and uninsured individuals;\\n (h) The extent to which the applicant has engaged the community\\naffected by the proposed project and the manner in which community\\nengagement has shaped such project; and\\n (i) The extent to which the proposed project addresses potential risk\\nto patient safety and welfare.\\n 6. Disbursement of awards made pursuant to this section shall be\\nconditioned on the awardee achieving certain process and performance\\nmetrics and milestones as determined in the sole discretion of the\\ncommissioner. Such metrics and milestones shall be structured to ensure\\nthat the goals of the project are achieved, and such metrics and\\nmilestones shall be included in grant disbursement agreements or other\\ncontractual documents as required by the commissioner.\\n 7. The department shall provide a report on a quarterly basis to the\\nchairs of the senate finance, assembly ways and means, and senate health\\nand assembly health committees. Such reports shall be submitted no later\\nthan sixty days after the close of the quarter, and shall include, for\\neach award, the name of the applicant, a description of the project or\\npurpose, the amount of the award, disbursement date, and status of\\nachievement of process and performance metrics and milestones pursuant\\nto subdivision five of this section.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2825-F", "title" : "Health care facility transformation program: statewide III", "docType" : "SECTION", "publishedDates" : [ "2018-04-20", "2018-04-27", "2019-04-19", "2019-06-28" ], "docLevelId" : "2825-F", "activeDate" : "2019-06-28", "sequenceNo" : 1105, "repealedDate" : null, "fromSection" : "2825-F", "toSection" : "2825-F", "text" : " § 2825-f. Health care facility transformation program: statewide III.\\n1. A statewide health care facility transformation program is hereby\\nestablished under the joint administration of the commissioner and the\\npresident of the dormitory authority of the state of New York for the\\npurpose of strengthening and protecting continued access to health care\\nservices in communities. The program shall provide funding in support of\\ncapital projects, debt retirement, working capital or other non-capital\\nprojects that facilitate health care transformation activities\\nincluding, but not limited to, merger, consolidation, acquisition or\\nother activities intended to: (a) create financially sustainable systems\\nof care; (b) preserve or expand essential health care services; (c)\\nmodernize obsolete facility physical plants and infrastructure; (d)\\nfoster participation in alternative payment arrangements including, but\\nnot limited to, contracts with managed care plans and accountable care\\norganizations; (e) for residential health care facilities, increase the\\nquality of resident care or experience; or (f) improve health\\ninformation technology infrastructure, including telehealth, to\\nstrengthen the acute, post-acute and long-term care continuum. Grants\\nshall not be available to support general operating expenses. The\\nissuance of any bonds or notes hereunder shall be subject to section\\nsixteen hundred eighty-r of the public authorities law and the approval\\nof the director of the division of the budget, and any projects funded\\nthrough the issuance of bonds or notes hereunder shall be approved by\\nthe New York state public authorities control board, as required under\\nsection fifty-one of the public authorities law.\\n 2. The commissioner and the president of the dormitory authority shall\\nenter into an agreement, subject to approval by the director of the\\nbudget, and subject to section sixteen hundred eighty-r of the public\\nauthorities law, for the purposes of awarding, distributing, and\\nadministering the funds made available pursuant to this section. Such\\nfunds may be distributed by the commissioner for grants to general\\nhospitals, residential health care facilities, adult care facilities\\nlicensed under title two of article seven of the social services law,\\ndiagnostic and treatment centers and clinics licensed pursuant to this\\nchapter or the mental hygiene law, children's residential treatment\\nfacilities licensed pursuant to article thirty-one of the mental hygiene\\nlaw, assisted living programs approved by the department pursuant to\\nsection four hundred sixty-one-l of the social services law, and\\ncommunity-based health care providers as defined in subdivision three of\\nthis section for grants in support of the purposes set forth in this\\nsection. A copy of such agreement, and any amendments thereto, shall be\\nprovided to the chair of the senate finance committee, the chair of the\\nassembly ways and means committee, and the director of the division of\\nthe budget no later than thirty days prior to the release of a request\\nfor applications for funding under this program. Projects awarded, in\\nwhole or part, under sections twenty-eight hundred twenty-five-a and\\ntwenty-eight hundred twenty-five-b of this article shall not be eligible\\nfor grants or awards made available under this section.\\n 3. Notwithstanding section one hundred sixty-three of the state\\nfinance law or any inconsistent provision of law to the contrary, up to\\nfive hundred twenty-five million dollars of the funds appropriated for\\nthis program shall be awarded without a competitive bid or request for\\nproposal process for grants to health care providers (hereafter\\n\"applicants\"). Provided, however, that a minimum of: (a) sixty million\\ndollars of total awarded funds shall be made to community-based health\\ncare providers, which for purposes of this section shall be defined as a\\ndiagnostic and treatment center licensed or granted an operating\\ncertificate under this article; a mental health clinic licensed or\\ngranted an operating certificate under article thirty-one of the mental\\nhygiene law; a substance use disorder treatment clinic licensed or\\ngranted an operating certificate under article thirty-two of the mental\\nhygiene law; a primary care provider; a clinic licensed or granted an\\noperating certificate under article sixteen of the mental hygiene law; a\\nhome care provider certified or licensed pursuant to article thirty-six\\nof this chapter; or hospices licensed or granted an operating\\ncertificate pursuant to article forty of this chapter and (b) forty-five\\nmillion dollars of the total awarded funds shall be made to residential\\nhealth care facilities.\\n 4. Notwithstanding any inconsistent subdivision of this section or any\\nother provision of law to the contrary, the commissioner, with the\\napproval of the director of the budget, may expend up to twenty million\\ndollars of the funds appropriated for this program pursuant to\\nsubdivision three of this section, not including funds dedicated for\\ncommunity-based health care providers under paragraph (a) of such\\nsubdivision or for residential health care facilities under paragraph\\n(b) of such subdivision, for awards made pursuant to paragraph (l) of\\nsubdivision three of section four hundred sixty-one-l of the social\\nservices law, provided that funding shall be prioritized for awards made\\npursuant to subparagraph (i) of such paragraph, with remaining funding\\navailable for awards made pursuant to subparagraphs (ii) and (iii) of\\nsuch paragraph.\\n 4-a. Notwithstanding subdivision two of this section or any\\ninconsistent provision of law to the contrary, and upon approval of the\\ndirector of the budget, the commissioner may, subject to the\\navailability of lawful appropriation, award up to three hundred million\\ndollars of the funds made available pursuant to this section for\\nunfunded project applications submitted in response to the request for\\napplications number 17648 issued by the department on January eighth,\\ntwo thousand eighteen pursuant to section twenty-eight hundred\\ntwenty-five-e of this article, provided however that the provisions of\\nsubdivisions three and four of this section shall apply.\\n 4-b. Authorized amounts to be awarded pursuant to applications\\nsubmitted in response to the request for application number 17648 shall\\nbe awarded no later than September first, two thousand nineteen.\\n 5. In determining awards for eligible applicants under this section,\\nthe commissioner shall consider criteria including, but not limited to:\\n (a) the extent to which the proposed project will contribute to the\\nintegration of health care services or the long term sustainability of\\nthe applicant or preservation of essential health services in the\\ncommunity or communities served by the applicant;\\n (b) the extent to which the proposed project or purpose is aligned\\nwith delivery system reform incentive payment (\"DSRIP\") program goals\\nand objectives;\\n (c) the geographic distribution of funds;\\n (d) the relationship between the proposed project and identified\\ncommunity need;\\n (e) the extent to which the applicant has access to alternative\\nfinancing;\\n (f) the extent to which the proposed project furthers the development\\nof primary care and other outpatient services;\\n (g) the extent to which the proposed project benefits Medicaid\\nenrollees and uninsured individuals;\\n (h) the extent to which the applicant has engaged the community\\naffected by the proposed project and the manner in which community\\nengagement has shaped such project; and\\n (i) the extent to which the proposed project addresses potential risk\\nto patient safety and welfare.\\n 6. Disbursement of awards made pursuant to this section shall be\\nconditioned on the awardee achieving certain process and performance\\nmetrics and milestones as determined in the sole discretion of the\\ncommissioner. Such metrics and milestones shall be structured to ensure\\nthat the goals of the project are achieved, and such metrics and\\nmilestones shall be included in grant disbursement agreements or other\\ncontractual documents as required by the commissioner.\\n 7. The department shall provide a report on a quarterly basis to the\\nchairs of the senate finance, assembly ways and means, and senate and\\nassembly health committees, until such time as the department determines\\nthat the projects that receive funding pursuant to this section are\\nsubstantially complete. Such reports shall be submitted no later than\\nsixty days after the close of the quarter, and shall include, for each\\naward, the name of the applicant, a description of the project or\\npurpose, the amount of the award, disbursement date, and status of\\nachievement of process and performance metrics and milestones pursuant\\nto subdivision six of this section.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2826", "title" : "Temporary adjustment to reimbursement rates", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-04-17", "2015-05-01", "2015-06-05", "2022-04-22", "2023-05-12", "2023-06-23" ], "docLevelId" : "2826", "activeDate" : "2015-06-05", "sequenceNo" : 1106, "repealedDate" : null, "fromSection" : "2826", "toSection" : "2826", "text" : " § 2826. Temporary adjustment to reimbursement rates. (a)\\nNotwithstanding any provision of law to the contrary, within funds\\nappropriated and subject to the availability of federal financial\\nparticipation, the commissioner may grant approval of a temporary\\nadjustment to the non-capital components of rates, or make temporary\\nlump-sum Medicaid payments, to eligible general hospitals, skilled\\nnursing facilities, clinics and home care providers, provided however,\\nthat should federal financial participation not be available for any\\neligible provider, then payments pursuant to this subdivision may be\\nmade as grants and shall not be deemed to be medical assistance\\npayments.\\n (b) Eligible providers shall include:\\n (i) providers undergoing closure;\\n (ii) providers impacted by the closure of other health care providers;\\n (iii) providers subject to mergers, acquisitions, consolidations or\\nrestructuring; or\\n (iv) providers impacted by the merger, acquisition, consolidation or\\nrestructuring of other health care providers.\\n (c) Providers seeking temporary rate adjustments under this section\\nshall demonstrate through submission of a written proposal to the\\ncommissioner that the additional resources provided by a temporary rate\\nadjustment will achieve one or more of the following:\\n (i) protect or enhance access to care;\\n (ii) protect or enhance quality of care;\\n (iii) improve the cost effectiveness of the delivery of health care\\nservices; or\\n (iv) otherwise protect or enhance the health care delivery system, as\\ndetermined by the commissioner.\\n (c-1) The commissioner, under applications submitted to the department\\npursuant to subdivision (d) of this section, shall consider criteria\\nthat includes, but is not limited to:\\n (i) Such applicant's financial condition as evidenced by operating\\nmargins, negative fund balance or negative equity position;\\n (ii) The extent to which such applicant fulfills or will fulfill an\\nunmet health care need for acute inpatient, outpatient, primary or\\nresidential health care services in a community;\\n (iii) The extent to which such application will involve savings to the\\nMedicaid program;\\n (iv) The quality of the application as evidenced by such application's\\nlong term solutions for such applicant to achieve sustainable health\\ncare services, improving the quality of patient care, and/or\\ntransforming the delivery of health care services to meet community\\nneeds;\\n (v) The extent to which such applicant is geographically isolated in\\nrelation to other providers; or\\n (vi) The extent to which such applicant provides services to an\\nunderserved area in relation to other providers.\\n (d) (i) Such written proposal shall be submitted to the commissioner\\nat least sixty days prior to the requested effective date of the\\ntemporary rate adjustment, and shall include a proposed budget to\\nachieve the goals of the proposal. Any Medicaid payment issued pursuant\\nto this section shall be in effect for a specified period of time as\\ndetermined by the commissioner, of up to three years. At the end of the\\nspecified timeframe such payments or adjustments to the non-capital\\ncomponent of rates shall cease, and the provider shall be reimbursed in\\naccordance with the otherwise applicable rate-setting methodology as set\\nforth in applicable statutes and regulations. The commissioner may\\nestablish, as a condition of receiving such temporary rate adjustments\\nor grants, benchmarks and goals to be achieved in conformity with the\\nprovider's written proposal as approved by the commissioner and may also\\nrequire that the facility submit such periodic reports concerning the\\nachievement of such benchmarks and goals as the commissioner deems\\nnecessary. Failure to achieve satisfactory progress, as determined by\\nthe commissioner, in accomplishing such benchmarks and goals shall be a\\nbasis for ending the facility's temporary rate adjustment or grant prior\\nto the end of the specified timeframe. (ii) The commissioner may require\\nthat applications submitted pursuant to this section be submitted in\\nresponse to and in accordance with a Request For Applications or a\\nRequest For Proposals issued by the commissioner.\\n (e) Notwithstanding any law to the contrary, general hospitals defined\\nas critical access hospitals pursuant to title XVIII of the federal\\nsocial security act shall be allocated no less than seven million five\\nhundred thousand dollars annually pursuant to this section. The\\ndepartment of health shall provide a report to the governor and\\nlegislature no later than June first, two thousand fifteen providing\\nrecommendations on how to ensure the financial stability of, and\\npreserve patient access to, critical access hospitals, including an\\nexamination of permanent Medicaid rate methodology changes.\\n (e-1) Thirty days prior to executing an allocation or modification to\\nan allocation made pursuant to this section, the commissioner shall\\nprovide written notice to the chair of the senate finance committee and\\nthe chair of the assembly ways and means committee with regards to the\\nintent to distribute such funds. Such notice shall include, but not be\\nlimited to, information on the methodology used to distribute the funds,\\nthe facility specific allocations of the funds, any facility specific\\nproject descriptions or requirements for receiving such funds, the\\nmulti-year impacts of these allocations, and the availability of federal\\nmatching funds. The commissioner shall provide quarterly reports to the\\nchair of the senate finance committee and the chair of the assembly ways\\nand means committee on the distribution and disbursement of such funds.\\nWithin sixty days of the effectiveness of this subdivision, the\\ncommissioner shall provide a written report to the chair of the senate\\nfinance committee and the chair of the assembly ways and means committee\\non all awards made pursuant to this section prior to the effectiveness\\nof this subdivision, including all information that is required to be\\nincluded in the notice requirements of this subdivision.\\n (f) Notwithstanding any provision of law to the contrary, and subject\\nto federal financial participation, no less than ten million dollars\\nshall be allocated to providers described in this subdivision; provided,\\nhowever that if federal financial participation is unavailable for any\\neligible provider, or for any potential investment under this\\nsubdivision then the non-federal share of payments pursuant to this\\nsubdivision may be made as state grants.\\n (i) Providers serving rural areas as such term is defined in section\\ntwo thousand nine hundred fifty-one of this chapter, including but not\\nlimited to hospitals, residential health care facilities, diagnostic and\\ntreatment centers, ambulatory surgery centers and clinics shall be\\neligible for enhanced payments or reimbursement under a supplemental\\nrate methodology for the purpose of promoting access and improving the\\nquality of care.\\n (ii) Notwithstanding any provision of law to the contrary, and subject\\nto federal financial participation, essential community providers,\\nwhich, for the purposes of this section, shall mean a provider that\\noffers health services within a defined and isolated geographic region\\nwhere such services would otherwise be unavailable to the population of\\nsuch region, shall be eligible for enhanced payments or reimbursement\\nunder a supplemental rate methodology for the purpose of promoting\\naccess and improving quality of care. Eligible providers under this\\nparagraph may include, but are not limited to, hospitals, residential\\nhealth care facilities, diagnostic and treatment centers, ambulatory\\nsurgery centers and clinics.\\n (iii) In making such payments the commissioner may contemplate the\\nextent to which any such provider receives assistance under subdivision\\n(a) of this section and may require such provider to submit a written\\nproposal demonstrating that the need for monies under this subdivision\\nexceeds monies otherwise distributed pursuant to this section.\\n (iv) Payments under this subdivision may include, but not be limited\\nto, temporary rate adjustments, lump sum Medicaid payments, supplemental\\nrate methodologies and any other payments as determined by the\\ncommissioner.\\n (v) Payments under this subdivision shall be subject to approval by\\nthe director of the budget.\\n (vi) The commissioner may promulgate regulations to effectuate the\\nprovisions of this subdivision.\\n (vii) Thirty days prior to adopting or applying a methodology or\\nprocedure for making an allocation or modification to an allocation made\\npursuant to this subdivision, the commissioner shall provide written\\nnotice to the chairs of the senate finance committee, the assembly ways\\nand means committee, and the senate and assembly health committees with\\nregard to the intent to adopt or apply the methodology or procedure,\\nincluding a detailed explanation of the methodology or procedure.\\n (viii) Thirty days prior to executing an allocation or modification to\\nan allocation made pursuant to this subdivision, the commissioner shall\\nprovide written notice to the chairs of the senate finance committee,\\nthe assembly ways and means committee, and the senate and assembly\\nhealth committees with regard to the intent to distribute such funds.\\nSuch notice shall include, but not be limited to, information on the\\nmethodology used to distribute the funds, the facility specific\\nallocations of the funds, any facility specific project descriptions or\\nrequirements for receiving such funds, the multi-year impacts of these\\nallocations, and the availability of federal matching funds. The\\ncommissioner shall provide quarterly reports to the chair of the senate\\nfinance committee and the chair of the assembly ways and means committee\\non the distribution and disbursement of such funds.\\n (g) Notwithstanding subdivision (a) of this section, and within\\namounts appropriated for such purposes as described herein, for the\\nperiod of April first, two thousand fifteen through March thirty-first,\\ntwo thousand sixteen, the commissioner may award a temporary adjustment\\nto the non-capital components of rates, or make temporary lump-sum\\nMedicaid payments to eligible general hospitals in severe financial\\ndistress to enable such facilities to maintain operations and vital\\nservices while such facilities establish long term solutions to achieve\\nsustainable health services.\\n (i) Eligible general hospitals shall include:\\n (A) a public hospital, which for purposes of this subdivision, shall\\nmean a general hospital operated by a county or municipality, but shall\\nexclude any such hospital operated by a public benefit corporation;\\n (B) a federally designated critical access hospital;\\n (C) a federally designated sole community hospital; or\\n (D) a general hospital that is a safety net hospital, which for\\npurposes of this subdivision shall mean:\\n (1) such hospital has at least thirty percent of its inpatient\\ndischarges made up of Medicaid eligible individuals, uninsured\\nindividuals or Medicaid dually eligible individuals and with at least\\nthirty-five percent of its outpatient visits made up of Medicaid\\neligible individuals, uninsured individuals or Medicaid dually-eligible\\nindividuals; or\\n (2) such hospital serves at least thirty percent of the residents of a\\ncounty or a multi-county area who are Medicaid eligible individuals,\\nuninsured individuals or Medicaid dually-eligible individuals.\\n (ii) Eligible applicants must demonstrate that without such award,\\nthey will be in severe financial distress through March thirty-first,\\ntwo thousand sixteen, as evidenced by:\\n (A) certification that such applicant has less than fifteen days cash\\nand equivalents;\\n (B) such applicant has no assets that can be monetized other than\\nthose vital to operations; and\\n (C) such applicant has exhausted all efforts to obtain resources from\\ncorporate parents and affiliated entities to sustain operations.\\n (iii) Awards under this subdivision shall be made upon application to\\nthe department.\\n (A) Applications under this subdivision shall include a multi-year\\ntransformation plan that is aligned with the delivery system reform\\nincentive payment (\"DSRIP\") program goals and objectives. Such plan\\nshall be approved by the department and shall demonstrate a path towards\\nlong term sustainability and improved patient care.\\n (B) The department may authorize initial award payments to eligible\\napplicants based solely on the criteria pursuant to paragraphs (i) and\\n(ii) of this subdivision.\\n (C) Notwithstanding subparagraph (B) of this paragraph, the department\\nmay suspend or repeal an award if an eligible applicant fails to submit\\na multi-year transformation plan pursuant to subparagraph (A) of this\\nparagraph that is acceptable to the department by no later than the\\nthirtieth day of September two thousand fifteen.\\n (D) Applicants under this subdivision shall detail the extent to which\\nthe affected community has been engaged and consulted on potential\\nprojects of such application, as well as any outreach to stakeholders\\nand health plans.\\n (E) The department shall review all applications under this\\nsubdivision, and a determine:\\n (1) applicant eligibility;\\n (2) each applicant's projected financial status;\\n (3) each applicant's proposed use of funds to maintain critical\\nservices needed by its community; and\\n (4) the anticipated impact of the loss of such services.\\n (F) After review of all applications under this subdivision, and a\\ndetermination of the aggregate amount of requested funds, the department\\nshall make awards to eligible applicants; provided, however, that such\\nawards may be in an amount lower than such requested funding, on a per\\napplicant or aggregate basis.\\n (iv) Awards under this subdivision may not be used for:\\n (A) capital expenditures, including, but not limited to: construction,\\nrenovation and acquisition of capital equipment, including major medical\\nequipment;\\n (B) consultant fees;\\n (C) retirement of long term debt; or\\n (D) bankruptcy-related costs.\\n (v) Payments made to awardees pursuant to this subdivision shall be\\nmade on a monthly basis. Such payments will be based on the applicant's\\nactual monthly financial performance during such period and the\\nreasonable cash amount necessary to sustain operations for the following\\nmonth. The applicant's monthly financial performance shall be measured\\nby such applicant's monthly financial and activity reports, which shall\\ninclude, but not be limited to, actual revenue and expenses for the\\nprior month, projected cash need for the current month, and projected\\ncash need for the following month.\\n (vi) The department shall provide a report on a quarterly basis to the\\nchairs of the senate finance, assembly ways and means, senate health and\\nassembly health committees. Such reports shall be submitted no later\\nthan sixty days after the close of the quarter, and shall include for\\neach award, the name of the applicant, the amount of the award, payments\\nto date, and a description of the status of the multi-year\\ntransformation plan pursuant to paragraph (iii) of this subdivision.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 127 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A28-A", "title" : "Nursing Home Companies", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "28-A", "activeDate" : "2014-09-22", "sequenceNo" : 1107, "repealedDate" : null, "fromSection" : "2850", "toSection" : "2869", "text" : " ARTICLE 28-A\\n NURSING HOME COMPANIES\\nSection 2850. Short title.\\n 2851. Policy and purposes of article.\\n 2852. Definitions.\\n 2853. Nursing home companies; how created.\\n 2854. Consent of commissioner.\\n 2855. Prerequisites to consent of commissioner.\\n 2856. Powers and limitations of a nursing home company.\\n 2857. Members, officers and directors.\\n 2858. Loans.\\n 2859. Conditions and security for loans.\\n 2860. Rental rates and selection of occupants.\\n 2861. Transfer of real property.\\n 2862. Supervision and regulation.\\n 2863. Payment out of earnings of limited-profit nursing home\\n companies.\\n 2864. Tax exemptions of limited-profit nursing home companies.\\n 2865. Voluntary dissolution.\\n 2866. Foreclosures and judgments.\\n 2868. Fees and charges.\\n 2869. Separability.\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2850", "title" : "Short title", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2850", "activeDate" : "2014-09-22", "sequenceNo" : 1108, "repealedDate" : null, "fromSection" : "2850", "toSection" : "2850", "text" : " § 2850. Short title. This article shall be known, and may be cited and\\nreferred to as the \"nursing home companies law\".\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2851", "title" : "Policy and purposes of article", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2851", "activeDate" : "2014-09-22", "sequenceNo" : 1109, "repealedDate" : null, "fromSection" : "2851", "toSection" : "2851", "text" : " § 2851. Policy and purposes of article. It is hereby declared that a\\nserious shortage of safe and sanitary nursing home accommodations for\\npersons of low income, whose need for combined nursing care, lodging and\\nboard cannot readily be provided by the ordinary unaided operations of\\nprivate enterprise, exists in many communities throughout the state;\\nthat there is need for non-profit corporations to construct, acquire,\\nreconstruct, rehabilitate and improve, with loan participation by the\\nNew York state housing finance agency or the New York state medical care\\nfacilities finance agency, as the case may be, low cost nursing home\\naccommodations, including such other facilities as may be incidental and\\nappurtenant thereto, to meet such needs in furtherance of articles\\nseventeen and eighteen of the constitution, and for public assistance to\\nsuch companies by the granting of tax exemptions; that it is the policy\\nof the state to promote the provision of such nursing home\\naccommodations and that such provision is a public use and purpose.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2852", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2852", "activeDate" : "2014-09-22", "sequenceNo" : 1110, "repealedDate" : null, "fromSection" : "2852", "toSection" : "2852", "text" : " § 2852. Definitions. As used in this article the following words and\\nphrases shall have the following meanings unless a different meaning is\\nplainly required by the context:\\n 1. \"Commissioner\". The commissioner of health of the state of New\\nYork.\\n 2. \"Company.\" \"Nursing home company.\" A non-profit nursing home\\ncompany, duly incorporated pursuant to the provisions of the\\nnot-for-profit corporation law and this article, or a limited-profit\\nnursing home company duly incorporated pursuant to the provisions of\\nthis article for the purpose of providing nursing home accommodations,\\nincluding board and nursing care by or under the supervision of a duly\\nlicensed physician to sick, invalid, infirm, disabled or convalescent\\npersons of low income or of providing health-related service as defined\\nin article twenty-eight of this chapter to persons of low income, or any\\ncombination of the foregoing, and in addition thereto, of providing\\nnursing care and health-related service, or either of them, to persons\\nof low income who are not occupants of the project, and such other\\nfacilities as may be deemed by the commissioner to be incidental and\\nappurtenant thereto.\\n 3. \"Project.\" \"Nursing home project.\" A specific work or improvement,\\nincluding lands, buildings, improvements, fixtures and articles of\\npersonal property, acquired, constructed, rehabilitated, managed, owned\\nor operated by a company pursuant to this article to provide nursing\\nhome accommodations, including board and nursing care by or under the\\nsupervision of a duly licensed physician to sick, invalid, infirm,\\ndisabled or convalescent persons of low income or of providing\\nhealth-related service as defined in article twenty-eight of this\\nchapter to persons of low income, or any combination of the foregoing,\\nor such care or service and hospital service, and in addition thereto of\\nproviding nursing care and health-related service, or either of them, or\\nsuch care and service and hospital service, to persons of low income who\\nare not occupants of the project, and such other facilities as may be\\ndeemed by the commissioner to be incidental and appurtenant thereto.\\n 4. \"Project cost\". \"Nursing home project cost\". The sum total of all\\ncosts incurred by a company as approved by the commissioner as\\nreasonable and necessary for carrying out all works and undertakings and\\nproviding all necessary equipment for the development of a project less\\nany portion of any state, federal or municipal assistance grant as the\\ncommissioner shall, prior to the making of a loan by the New York state\\nhousing finance agency or the New York state medical care facilities\\nfinance agency, as the case may be, to a company, determine to be\\navailable to reimburse the company for the payment of such project costs\\nprior to the initial occupancy of the project. These shall include but\\nare not necessarily limited to the carrying charges during construction\\nor rehabilitation up to and including the occupancy date, working\\ncapital not exceeding three per centum of the estimated total cost or\\nthree per centum of the actual total final cost, whichever is larger,\\nthe cost of all necessary studies, surveys, plans and specifications,\\narchitectural, engineering, legal or other special services, the cost of\\nacquisition of land and any buildings and improvements thereon, site\\npreparation and development, construction, reconstruction and equipment,\\nincluding fixtures, equipment, and articles of personal property\\nrequired for the operation of lodging, board, medical and nursing\\ntreatment facilities, the reasonable cost of financing incurred by the\\ncompany in the course of the development of the project, up to and\\nincluding the occupancy date, the fees imposed by the commissioner and\\nby the New York state housing finance agency or the New York state\\nmedical care facilities finance agency, as the case may be; other fees\\ncharged, and necessary expenses incurred in connection with the initial\\noccupancy of the project, and the cost of such other items as the\\ncommissioner may determine to be reasonable and necessary for the\\ndevelopment of a project, less any and all rents and other net revenues\\nfrom the operation of the real property, improvements or personal\\nproperty on the project site, or any part thereof, by the company on and\\nafter the date on which the contract between the company and the New\\nYork state housing finance agency or the New York state medical care\\nfacilities finance agency, as the case may be, was entered into and\\nprior to the occupancy date.\\n 5. \"Occupancy date\". The date defined in the document providing for a\\nloan between a company and the New York state housing finance agency or\\nthe New York state medical care facilities finance agency, as the case\\nmay be.\\n 6. \"Loan\". As used in this article, a loan shall mean either a\\nmortgage loan or a project loan, each as defined in the New York state\\nmedical care facilities finance agency act, made by the agency to a\\nnursing home company, as defined in the New York state medical care\\nfacilities finance agency act.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2853", "title" : "Nursing home companies; how created", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2853", "activeDate" : "2014-09-22", "sequenceNo" : 1111, "repealedDate" : null, "fromSection" : "2853", "toSection" : "2853", "text" : " § 2853. Nursing home companies; how created. 1. Notwithstanding the\\nprovisions of any other law or requirement to the contrary, non-profit\\nnursing home companies shall be incorporated and organized pursuant to\\nthe not-for-profit corporation law and this article.\\n In addition to those matters required to be set forth in the\\ncertificate of incorporation by the not-for-profit corporation law, the\\ncertificate shall state:\\n a. That, among the purposes for which it is formed, the company is to\\nplan, construct, erect, build, acquire, alter, reconstruct,\\nrehabilitate, own, maintain and operate one or more nursing home\\nprojects pursuant to this article.\\n b. The number of directors, which shall be not less than three nor\\nmore than thirty-five. One additional director may be designated by the\\ncommissioner. In the absence of fraud or bad faith, the director\\nappointed by the commissioner shall not be personally liable for the\\ndebts, obligations or liabilities of the company.\\n c. That the real property of the company shall not be sold,\\ntransferred, encumbered or assigned except as permitted by the\\nprovisions of this article.\\n d. That the company has been organized exclusively to serve a public\\npurpose and that it shall be and remain subject to the supervision and\\ncontrol of the commissioner pursuant to the provisions of article\\ntwenty-eight of this chapter and this article.\\n e. That all income and earnings of the company shall be used\\nexclusively for its corporate purposes.\\n f. That no part of the net income or net earnings of the company shall\\ninure to the benefit or profit of any private individual, firm or\\ncorporation.\\n 2. Notwithstanding the provisions of any other law or requirement to\\nthe contrary, limited-profit nursing home companies shall be\\nincorporated and organized pursuant to this article.\\n A limited-profit nursing home company may be created by three or more\\npersons, approved by the commissioner, by making, subscribing,\\nacknowledging and filing with the secretary of state a certificate which\\nshall state, in addition to those matters required to be set forth in\\nsuch certificate by the business corporation law to the extent that such\\nlaw is not inconsistent with this article:\\n a. That among the purposes for which it is formed, the company is to\\nplan, construct, erect, build, acquire, alter, reconstruct,\\nrehabilitate, own, maintain and operate one or more nursing home\\nprojects pursuant to this article.\\n b. The number of directors, which shall not be less than three nor\\nmore than thirty-five and who shall be elected by the shareholders of\\nthe company. One additional director, who shall not be a shareholder and\\nwho need not meet other qualifications which may be prescribed by the\\ncertificate of incorporation or the by-laws, may be designated by the\\ncommissioner. In the absence of fraud or bad faith, the director\\nappointed by the commissioner shall not be personally liable for the\\ndebts, obligations or liabilities of the company.\\n c. That the real property of the company shall not be sold,\\ntransferred, encumbered or assigned except as permitted by the\\nprovisions of this article.\\n d. That the company has been organized to serve a public purpose and\\nthat it shall be and remain subject to the supervision and control of\\nthe commissioner pursuant to the provisions of article twenty-eight of\\nthis chapter and this article; that so long as this article remains\\napplicable to any project of the company, all real and personal property\\nacquired by it, and all structures erected or rehabilitated by it, shall\\nbe deemed to be acquired, rehabilitated or created for the proper\\neffectuation of the purposes of this article, and that the directors and\\nshareholders or debenture holders of such company shall be deemed to\\nhave agreed that they shall at no time receive or accept from such\\ncompany in repayment of their investment in its shares or debentures any\\nsums in excess of the par value of the share or debentures, together\\nwith such dividends, interest or other compensation as are prescribed by\\nor permitted under this article, and that, upon dissolution of the\\ncompany, any surplus remaining after the payment of all its obligations\\nshall be distributed and disposed of and title to the property may be\\nconveyed in fee, only as prescribed by this article.\\n e. That the entire amount to be paid in cash or property by the\\nshareholders and debenture holders shall be at least five percentum of\\nthe project cost.\\n f. That in the event of a violation by a company of any provision of\\nthe certificate of incorporation or of law or of the loan or mortgage\\ncontract or any order of the commissioner or of any rules and\\nregulations duly promulgated pursuant to the provisions of this chapter,\\nthe commissioner may remove any or all of the existing directors of the\\ncompany and appoint such person or persons whom the commissioner deems\\nadvisable, including officers and employees of the department, as new\\ndirectors to serve in the places of those removed; that directors so\\nappointed by the commissioner who are officers or employees of the\\ndepartment shall serve in such capacity without compensation; and that\\nany directors so appointed by the commissioner shall serve only for a\\nperiod coexistent with the duration of such violation or until the\\ncommissioner is assured in a manner satisfactory to him against\\nviolations of a similar nature.\\n The provisions of section thirty-five-a of the social services law\\nshall not be applicable to a limited-profit nursing home company,\\nnotwithstanding any contrary provisions contained therein.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2854", "title" : "Consent of commissioner", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2854", "activeDate" : "2014-09-22", "sequenceNo" : 1112, "repealedDate" : null, "fromSection" : "2854", "toSection" : "2854", "text" : " § 2854. Consent of commissioner. Whenever any such certificate shall\\nbe presented to the secretary of state, he shall not file such\\ncertificate unless there shall accompany the same a certificate of the\\ncommissioner that he consents to the filing of such certificate; nor\\nshall any amendment to the certificate of incorporation be filed unless\\nit is accompanied by a certificate of the commissioner consenting\\nthereto.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2855", "title" : "Prerequisites to consent of commissioner", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2855", "activeDate" : "2014-09-22", "sequenceNo" : 1113, "repealedDate" : null, "fromSection" : "2855", "toSection" : "2855", "text" : " § 2855. Prerequisites to consent of commissioner. The commissioner\\nshall not approve any such certificate or amendment thereto unless and\\nuntil there is endorsed thereon or annexed thereto the written approval\\nof the public health council in accordance with section two thousand\\neight hundred one-a of the public health law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2856", "title" : "Powers and limitations of a nursing home company", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2856", "activeDate" : "2014-09-22", "sequenceNo" : 1114, "repealedDate" : null, "fromSection" : "2856", "toSection" : "2856", "text" : " § 2856. Powers and limitations of a nursing home company. 1. Except\\nas is inconsistent with the provisions of this article, a nursing home\\ncompany shall have, in carrying out the purpose of this article, the\\npowers conferred on corporations by the not-for-profit corporation law\\nor the business corporation law, as the case may be, and shall be\\nsubject to the limitations contained therein.\\n 2. Nursing home companies shall have the following additional powers:\\n (a) To make and execute contracts and other instruments necessary or\\nconvenient in the exercise of its powers.\\n (b) To acquire or contract to acquire from any persons, firm,\\ncorporation, public corporation, municipality, federal or state agency,\\nby grant, purchase, or otherwise, leaseholds, real, personal or mixed\\nproperty or any interest therein, and to sell, assign, exchange,\\ntransfer, mortgage or encumber the same.\\n (c) To own, hold, clear and improve, leasehold, real, personal or\\nmixed property or any interest therein.\\n (d) In the case of a non-profit nursing home company, to issue\\nnon-interest bearing income debentures up to an amount representing the\\ndifference, if any, between the amount of the mortgage made by the\\ncompany and the total estimated project cost, or the total actual cost,\\nwhichever is less; in the case of a limited-profit nursing home company,\\nto issue shares and debentures only in such amounts and form and to such\\nperson, firm or corporation as may be approved by the commissioner.\\n (e) To construct, reconstruct, rehabilitate, improve, alter, repair,\\nlease, manage or operate and otherwise provide nursing home projects.\\n (f) To insure or provide for the insurance of its property or\\noperations as required by law and also against such other risks as it\\nmay deem advisable.\\n (g) To limit by contract the exercise of any of its powers.\\n (h) To invest any funds held in reserves or sinking funds, or any\\nfunds not required for immediate disbursement in property or securities\\nin which savings banks may legally invest funds subject to their\\ncontrol.\\n (i) To sue and be sued.\\n (j) To have a seal and alter the same at pleasure.\\n (k) To make and from time to time amend and repeal bylaws, rules and\\nregulations not inconsistent with the provisions of this article.\\n (l) To enter into contracts with the New York state housing finance\\nagency or the New York state medical care facilities finance agency, as\\nthe case may be, for loans, and to pay all such fees and charges as may\\nbe imposed by such agency as a condition of any such loan.\\n (m) To receive assistance from the state, federal government,\\nmunicipalities or any person, firm or corporation by contract or\\notherwise; and to comply, subject to the provisions of this article,\\nwith the terms and conditions of such assistance, and in connection with\\nassistance grants which are made by the state, federal government or a\\nmunicipality to reimburse the company for project costs which have been\\npaid for by such company from the proceeds of a loan or such other funds\\nwhich are legally made available to the company, to hold and apply such\\nassistance grants in accordance with the requirements of the\\ncommissioner and the New York state housing finance agency or the New\\nYork state medical care facilities finance agency, as the case may be.\\n (n) To do all other things necessary or convenient to carry out its\\npowers.\\n 3. No nursing home company shall:\\n (a) Acquire any real property or interest therein unless such company\\nshall first have obtained from the commissioner a certificate that such\\nacquisition is consistent with the purposes of this article.\\n (b) Issue notes, bonds, debentures, or other obligations without the\\napproval of the commissioner. In the case of a limited-profit nursing\\nhome company, pay dividends on its shares and interest on its debentures\\nat a rate higher than six per centum per annum, issue shares and\\ndebentures other than for money actually received for the use and lawful\\npurposes of the company, except that shares and debentures may be issued\\nfor property actually received for the use and lawful purposes of the\\ncompany upon a valuation approved by the commissioner and such valuation\\nshall be used in computing the estimated or actual project cost.\\n (c) Without first having obtained the written consent of the\\ncommissioner:\\n (i) Construct, reconstruct, rehabilitate, improve, alter or repair any\\nproject, or enter into any contract for such purposes.\\n (ii) Sell, transfer, lease or encumber any real property, except that\\nno such consent shall be necessary in any sale in foreclosure pursuant\\nto section two thousand eight hundred sixty-four.\\n (iii) Enter into any contracts relating to the management or operation\\nof nursing home projects.\\n (iv) Enter into any contracts for the payment of any salary, fee or\\nemolument to officers or employees.\\n (v) Make a guaranty of payment, or pledge any or all of its assets,\\nincome or revenues to secure payment of its obligations.\\n (vi) Voluntarily dissolve after twenty years, or such earlier date as\\nthe bonds issued by the New York state housing finance agency or the New\\nYork state medical care facilities finance agency, as the case may be,\\nwith respect to the project are subject to redemption; provided,\\nhowever, that in the event an unpaid balance remains due on a loan from\\nthe New York state housing finance agency or the New York state medical\\ncare facilities finance agency, as the case may be, the consent of the\\nagency must also be obtained.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2857", "title" : "Members, officers and directors", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2857", "activeDate" : "2014-09-22", "sequenceNo" : 1115, "repealedDate" : null, "fromSection" : "2857", "toSection" : "2857", "text" : " § 2857. Members, officers and directors. 1. No member or director of a\\ncompany shall receive any salary or other compensation for services as\\nsuch member or director, other than reimbursement of actual and\\nnecessary expenses incurred in the performance of his duties. No member,\\nofficer, or employee of a company shall acquire any interest, direct or\\nindirect, in any property then or thereafter included or planned to be\\nincluded in a project, nor retain any interest, direct or indirect in\\nany property acquired subsequent to his appointment or employment which\\nis later included or planned to be included in a project. If any member,\\nofficer or employee of any company owns or controls an interest, direct\\nor indirect, in any property included in a project, which was acquired\\nprior to his appointment or employment, he shall disclose such interest\\nand the date of acquisition thereof in writing to the company and such\\ndisclosure shall be entered upon the minutes of the company.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2858", "title" : "Loans", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2858", "activeDate" : "2014-09-22", "sequenceNo" : 1116, "repealedDate" : null, "fromSection" : "2858", "toSection" : "2858", "text" : " § 2858. Loans. 1. Any nursing home company formed under this article\\nmay, subject to the approval of the commissioner, borrow funds from the\\nNew York state housing finance agency or the New York state medical care\\nfacilities finance agency, as the case may be, and the repayment thereof\\nmay be secured by bond or note and mortgage or other agreement which\\nshall contain such terms and conditions as may be deemed necessary or\\ndesirable by the New York state housing finance agency or the New York\\nstate medical care facilities finance agency, as the case may be, or\\nrequired by any agreement between the New York state housing finance\\nagency or the New York state medical care facilities finance agency, as\\nthe case may be, and the holders of its notes and bonds with respect to\\nnursing home companies, including the right to assignment of rates and\\ncharges and entry into possession in case of default, but the operation\\nof such project, in the event of such entry, shall be subject to\\nregulations promulgated by the commissioner.\\n 2. The New York state housing finance agency or the New York state\\nmedical care facilities finance agency, as the case may be, may make a\\ncontract to make loans to non-profit nursing home companies not to\\nexceed the total project cost and to limited-profit nursing home\\ncompanies not to exceed ninety-five per centum of the total project\\ncost. Any loan which constitutes a mortgage loan as defined in the New\\nYork state medical care facilities finance agency act shall be secured\\nby a first mortgage lien upon all the real property and improvements of\\nwhich the project consists and upon all fixtures and articles of\\npersonal property attached to or used in connection with the operation\\nof the project. Notwithstanding the foregoing provisions of this\\nsubdivision or any other provision of this article to the contrary, any\\npersonal property may be excluded from the lien of the mortgage securing\\nsuch a mortgage loan provided (a) the commissioner finds that such\\nproperty is not essential for the nursing home project as such term is\\ndefined in this article, and (b) the New York State housing finance\\nagency or the New York state medical care facilities finance agency, as\\nthe case may be, consents to such exclusion.\\n 3. Any inconsistent provision of law to the contrary notwithstanding,\\nmortgages of a nursing home company shall be exempt from the mortgage\\nrecording taxes imposed by article eleven of the tax law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2859", "title" : "Conditions and security for loans", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2859", "activeDate" : "2014-09-22", "sequenceNo" : 1117, "repealedDate" : null, "fromSection" : "2859", "toSection" : "2859", "text" : " § 2859. Conditions and security for loans. No loan shall be made by\\nthe New York state housing finance agency or the New York state medical\\ncare facilities finance agency to a company until the commissioner has\\napproved the project and finds that:\\n (1) The company has complied with all of the provisions of article\\ntwenty-eight of this chapter and this article;\\n (2) The plans and specifications conform to the requirements of all\\nlaws and regulations applicable thereto and assure adequate light, air,\\nsanitation and fire protection and are satisfactory to him;\\n (3) The estimated revenue of the project will be sufficient to cover\\nall probable costs of operation and maintenance, of fixed charges and\\nsuch reserves as may be authorized by the commissioner or required by\\nthe New York state housing finance agency or the New York state medical\\ncare facilities finance agency, as the case may be;\\n (4) Provision has been made for the purpose of providing for the\\npayment of the difference, if any, between the estimated project cost\\nand the loan; and in the event the final project cost shall exceed the\\nestimated project cost, the difference between such final project cost\\nand the loan;\\n (5) Provision has been made for the filing by the company with the\\ncommissioner and the New York state housing finance agency or the New\\nYork state medical care facilities finance agency, as the case may be,\\nof such financial statements including an annual report setting forth\\nsuch information as the commissioner may require; and\\n (6) Provision has been made for the examination by the commissioner\\nand the New York state housing finance agency or the New York state\\nmedical care facilities finance agency, as the case may be, of the books\\nand records of the company.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2860", "title" : "Rental rates and selection of occupants", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2860", "activeDate" : "2014-09-22", "sequenceNo" : 1118, "repealedDate" : null, "fromSection" : "2860", "toSection" : "2860", "text" : " § 2860. Rental rates and selection of occupants. 1. A company shall,\\nwith the approval of the commissioner, fix maximum rates to be charged\\noccupants of each nursing home project for the facilities and services\\nprovided by the company to such occupants and the maximum rates to be\\ncharged to persons of low income who are not occupants of the project\\nfor the nursing care and health-related service, or either of them,\\nprovided by the company to such persons, the average of such rates for\\nany one project not to exceed the maximum average rates determined by\\nthe commissioner before any commitments are made by the company for the\\nconstruction of the project. The commissioner upon his own motion, or\\nupon application by the company or lienholder may vary the amount of\\nsuch charge from time to time so as to secure, together with all other\\nincome of the company, sufficient income to meet, within reasonable\\nlimits, all necessary payments by the said company of all expenses,\\nincluding fixed charges, sinking funds and reserves.\\n 2. The facilities and services provided by the company to occupants\\nshall be available for persons of low income, whose probable aggregate\\nannual income at the time of admission and during the period of\\noccupancy does not exceed two times the annual charges to be paid by\\nsuch persons. Nursing care and health-related service, or either of\\nthem, shall be available to persons of low income who are not occupants\\nof the project whose probable annual income does not exceed two times\\nthe average annual charge made to occupants of the project. The\\ncommissioner may make rules and regulations relating to the allocation\\nof the income of a family among the members thereof for the purpose of\\ndetermining the income attributable to any one person for the purpose of\\nthis subdivision.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2861", "title" : "Transfer of real property", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2861", "activeDate" : "2014-09-22", "sequenceNo" : 1119, "repealedDate" : null, "fromSection" : "2861", "toSection" : "2861", "text" : " § 2861. Transfer of real property. Notwithstanding any requirement of\\nlaw to the contrary or any provision of any general, special or local\\nlaw, charter or ordinance, every executor, administrator, trustee,\\nguardian or other person holding trust funds or acting in a fiduciary\\ncapacity, unless the instrument under which such fiduciary is acting\\nexpressly forbids, and the state, its subdivisions, municipalities, all\\nother public bodies, all public officers, persons, partnerships and\\ncorporations owning or holding any real property, may grant, sell, lease\\nor otherwise transfer any such real property or interest therein to a\\nnursing home company and receive and hold any cash, exchanged therefor\\nby such company and may execute such instruments and do such acts as may\\nbe deemed necessary or desirable by them or it and by the company in\\nconnection with a project or projects and such sale, lease or transfer\\nmay be made without public auction or bidding; provided, however, that\\nwhere such real property is within an urban renewal area, the\\ndisposition thereof shall be in accordance with the provisions of\\nparagraph (d) of subdivision two of section five hundred seven of the\\ngeneral municipal law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2862", "title" : "Supervision and regulation", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2862", "activeDate" : "2014-09-22", "sequenceNo" : 1120, "repealedDate" : null, "fromSection" : "2862", "toSection" : "2862", "text" : " § 2862. Supervision and regulation. 1. The commissioner may from time\\nto time make, alter, amend and repeal rules and regulations for the\\nsupervision, examination, regulation and audit of nursing home companies\\nand for carrying into effect the provisions and purposes of this\\narticle, and each company shall submit an annual report of its\\noperations to the commissioner and the New York state housing finance\\nagency or the New York state medical care facilities finance agency, as\\nthe case may be, who may examine and audit the books and records of the\\ncompany at any time.\\n 2. The commissioner and the department of health shall have power to\\nact for and in behalf of the New York state housing finance agency or\\nthe New York state medical care facilities finance agency, as the case\\nmay be, in servicing the nursing home mortgage loans of such agency, and\\nto perform such functions and services in connection with the making,\\nservicing and collection of such loans as shall be requested by such\\nagency.\\n 3. (a) The commissioner and the department may, with respect to any\\nnursing home project of which the New York state housing finance agency\\nor the New York state medical care facilities finance agency, as the\\ncase may be, has acquired the fee or otherwise, enter into an agreement\\nwith said agency subject to the approval of the director of the budget,\\nfor the department, as provided in paragraph (b) of this subdivision, to\\noperate the said project in a manner consistent with the purposes of\\nthis article. In such event, the commissioner, on behalf of the\\ndepartment, shall have the power to use any available funds to pay all\\noperating expenses and to comply with all the terms and provisions of\\nthe mortgage, if any, as though the mortgage had not been foreclosed, or\\nany other applicable agreement and to comply with the provisions of this\\narticle.\\n (b) Subject to the provisions of the agreement with said agency, the\\ncommissioner may contract with any person, firm or corporation which he\\ndeems qualified to operate and manage such project and to perform such\\nduties and functions as he may deem necessary.\\n 4. Whenever the commissioner shall be of the opinion that a company is\\nfailing or omitting, or is about to fail or omit to do anything required\\nof it by law or by order of the commissioner and is doing or is about to\\ndo anything, or permitting anything, or is about to permit anything to\\nbe done, contrary to or in violation of law or of any order of the\\ncommissioner, or which is improvident or prejudicial to the interest of\\nthe public, the lienholders, the shareholders, or the occupants, the\\ncommissioner may, in addition to such other remedies as may be\\navailable, commence an action or proceeding in the supreme court of the\\nstate of New York in the name of the commissioner, for the purpose of\\nhaving such violations or threatened violations stopped and prevented,\\nand in such action or proceeding, the court may appoint a temporary or\\npermanent receiver or both. Such action or proceeding shall be commenced\\nby a petition to the supreme court, alleging the violation complained of\\nand praying for appropriate relief. It shall thereupon be the duty of\\nthe court to specify the time, not exceeding twenty days after service\\nof a copy of the petition, within which the company complained of must\\nanswer the petition. In case of any default or after answer the court\\nshall immediately inquire into the facts and circumstances in such\\nmanner as the court shall direct in the interest of substantial justice\\nwithout other or formal pleading. Such other persons or corporations as\\nit shall seem to the court necessary or proper to join as parties in\\norder to make its order or judgment effective, may be joined as parties.\\nThe final judgment in any such action or proceeding shall either dismiss\\nthe action or proceeding or direct that an order or an injunction, or\\nboth, issue, or provide for the appointment of a receiver as prayed for\\nin the petition, or grant such other relief as the court may deem\\nappropriate.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2863", "title" : "Payment out of earnings of limited-profit nursing home companies", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2863", "activeDate" : "2014-09-22", "sequenceNo" : 1121, "repealedDate" : null, "fromSection" : "2863", "toSection" : "2863", "text" : " § 2863. Payment out of earnings of limited-profit nursing home\\ncompanies. There shall be paid annually out of the earnings of the\\nlimited-profit nursing home company, after providing for all taxes,\\nassessments and expenses, a sum for interest on an amortization of the\\nmortgage indebtedness of all mortgages of the company, depreciation\\ncharges and reserves if, when and to the extent deemed necessary by the\\ncommissioner, plus a dividend of six per centum on outstanding shares\\nand interest not exceeding six per centum on the outstanding debentures\\nof the company; the obligation in respect to such payments shall be\\ncumulative, and any deficiency in interest, amortization, depreciation,\\nreserves, if any, and dividends in any year shall be paid either from\\nany cash surplus derived from earnings remaining in the treasury of such\\ncompany in excess of the amount necessary to provide such cumulative\\nannual sums or from the first available earnings in subsequent years.\\nIf, at the end of any three year period, the gross receipts should\\nexceed the payments or charges necessary for the purposes of the project\\nor projects and are not needed for a sinking fund, reserves or other\\npurposes, the balance may be paid in further reduction of any\\nindebtedness to the extent and upon terms and conditions approved by the\\ncommissioner. A sinking fund may be authorized by the commissioner to\\npurchase and retire debentures or shares of the company at a price\\napproved by the commissioner not exceeding par value thereof with\\naccrued or unpaid dividends or interest or, if it is not practical to\\npurchase such shares or debentures at a price so approved, the money in\\nsuch sinking fund may be added to the surplus of such company. Any\\nshares or debentures purchased out of such sinking fund shall be\\ncancelled and shall not be reissued.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2864", "title" : "Tax exemptions of limited-profit nursing home companies", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2864", "activeDate" : "2014-09-22", "sequenceNo" : 1122, "repealedDate" : null, "fromSection" : "2864", "toSection" : "2864", "text" : " § 2864. Tax exemptions of limited-profit nursing home companies. The\\nreal property in a project of a limited-profit nursing home company\\nshall be exempt from all local and municipal taxes, other than\\nassessments for local improvements, to the extent of the value of the\\nproperty included in any such project as represents an increase over the\\nassessed valuation of the real property, both land and improvements,\\nacquired for the project on the date of its acquisition by the\\nlimited-profit nursing home company. The tax exemption shall operate and\\ncontinue so long as the mortgage loan by the New York state housing\\nfinance agency or the New York state medical care facilities finance\\nagency, as the case may be, to the limited-profit nursing home company\\nis outstanding but in no event for a period of more than thirty years,\\ncommencing in each instance from the date when the limited-profit\\nnursing home company first acquired such property. If a project\\nqualifying for a tax exemption pursuant to this section is sold, with\\nthe approval of the commissioner, to another limited-profit nursing home\\ncompany, such successor company shall be entitled to all the benefits\\ngranted by this section. In the event that such sale is to a non-profit\\nnursing home company, such successor company shall be entitled to all\\nthe benefits provided by section four hundred twenty-two of the real\\nproperty tax law. Local and municipal taxes, for the purposes of this\\nsection, shall mean taxes levied by a county, city, village, town,\\nschool and special district but shall not include assessments for local\\nimprovements.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2865", "title" : "Voluntary dissolution", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2865", "activeDate" : "2014-09-22", "sequenceNo" : 1123, "repealedDate" : null, "fromSection" : "2865", "toSection" : "2865", "text" : " § 2865. Voluntary dissolution. 1. At any time after the expiration of\\ntwenty years after the occupancy date, or such earlier date as the bonds\\nissued by the New York state housing finance agency or the New York\\nstate medical care facilities finance agency, as the case may be, with\\nrespect to the project are subject to redemption, a company may be\\nvoluntarily dissolved, with the consent of the commissioner, upon\\nrepayment in full of all obligations under the mortgage and payment of\\nall obligations of the company, as approved by the commissioner.\\n 2. Upon such dissolution, title of the project of a limited-profit\\nnursing home company may be conveyed in fee to the owner or owners of\\nits shares or to any other entity authorized by law designated by it or\\nthem for the purpose, provided, however, that prior to any such\\ndissolution and conveyance, payment shall be made of all current\\noperating expenses, taxes, indebtedness and all accrued interest thereon\\nand the par value of and accrued dividends on the outstanding shares of\\nsuch company, if any. After such dissolution and conveyance, or such\\nreconstitution, the provisions of this article shall become and be\\ninapplicable to any such project and any tax exemption granted with\\nrespect to such project pursuant to this article shall cease and\\nterminate.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2866", "title" : "Foreclosures and judgments", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2866", "activeDate" : "2014-09-22", "sequenceNo" : 1124, "repealedDate" : null, "fromSection" : "2866", "toSection" : "2866", "text" : " § 2866. Foreclosures and judgments. 1. In any foreclosure action the\\ncommissioner shall be made a party defendant. He shall take all steps\\nnecessary to protect the interests of the public therein and no costs\\nshall be awarded against him. Foreclosures shall not be decreed unless\\nthe court to which application is made shall be satisfied that the\\ninterests of the lienholder or holders cannot be adequately assured\\nexcept by the sale of the property. In any such proceeding, the court\\nshall be authorized to appoint the commissioner as receiver of the\\nproperty, or to grant such other and further relief as may be reasonable\\nand proper.\\n 2. Notwithstanding the foregoing provisions of this section, wherever\\nit shall appear that the New York state housing finance agency or the\\nNew York state medical care facilities finance agency shall have loaned\\non a mortgage which is a lien upon any such property, such New York\\nstate housing finance agency or New York state medical care facilities\\nfinance agency, as the case may be, shall have all the remedies\\navailable to a mortgagee under the laws of the state of New York, free\\nfrom any restrictions contained in this section, except that the\\ncommissioner shall be made a party defendant and that the commissioner\\nshall take all steps necessary to protect the interests of the public\\nand no costs shall be awarded against him.\\n 3. In the event of a judgment against a company in any action not\\npertaining to the collection of a mortgage indebtedness, there shall be\\nno sale of any of the real property of such company except upon sixty\\ndays' written notice to the commissioner and the New York state housing\\nfinance agency or the New York state medical care facilities finance\\nagency, as the case may be. Upon receipt of such notice the commissioner\\nand the agency shall take such steps as in its judgment may be necessary\\nto protect the rights of all parties.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2868", "title" : "Fees and charges", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2868", "activeDate" : "2014-09-22", "sequenceNo" : 1125, "repealedDate" : null, "fromSection" : "2868", "toSection" : "2868", "text" : " § 2868. Fees and charges. The commissioner may by regulation establish\\nand charge to any nursing home company, for the period of occupancy date\\nto mortgage discharge, a fee for inspection, regulation, supervision and\\naudit not to annually exceed two-tenths of one percent of the mortgage\\nloan to recover the departmental costs in performing these functions in\\nrelation to any nursing home project financed or refinanced by a loan\\nmade under this article prior to April first, two thousand fourteen.\\nNotwithstanding the foregoing, no such fee shall be charged or payable\\npursuant to this section with respect to a nursing home project financed\\nor refinanced with bonds issued on or after April first, two thousand\\nfourteen.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2869", "title" : "Separability", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2869", "activeDate" : "2014-09-22", "sequenceNo" : 1126, "repealedDate" : null, "fromSection" : "2869", "toSection" : "2869", "text" : " § 2869. Separability. If any clause, sentence, paragraph or part of\\nthis article shall be adjudged by any court of competent jurisdiction to\\nbe invalid, such judgment shall not affect, impair or invalidate the\\nremainder thereof, but shall be confined in its operation to the clause,\\nsentence, paragraph, section or part thereof directly involved in the\\ncontroversy in which such judgment shall have been rendered.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 19 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A28-B", "title" : "Hospital Mortgage Loan Construction", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22", "2014-11-28", "2017-01-13" ], "docLevelId" : "28-B", "activeDate" : "2017-01-13", "sequenceNo" : 1127, "repealedDate" : null, "fromSection" : "2870", "toSection" : "2883", "text" : " ARTICLE 28-B\\n HOSPITAL MORTGAGE LOAN CONSTRUCTION\\nSection 2870. Short title.\\n 2871. Policy and purposes of article.\\n 2872. Definitions.\\n 2873. Regulation of eligible borrowers.\\n 2874. Loans.\\n 2875. Conditions and security for loans.\\n 2876. Occupancy or other rates.\\n 2877. Transfer of real property.\\n 2878. Supervision.\\n 2879. Foreclosures and judgments.\\n 2880. Hospital facilities development fund.\\n 2881. Fees and charges.\\n 2882. Separability.\\n 2883. Authority and responsibility of commissioner regarding\\n hospital mortgages.\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2870", "title" : "Short title", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2870", "activeDate" : "2014-09-22", "sequenceNo" : 1128, "repealedDate" : null, "fromSection" : "2870", "toSection" : "2870", "text" : " § 2870. Short title. This article shall be known, and may be cited and\\nreferred to as the \"hospital loan construction law\".\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2871", "title" : "Policy and purposes of article", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2871", "activeDate" : "2014-09-22", "sequenceNo" : 1129, "repealedDate" : null, "fromSection" : "2871", "toSection" : "2871", "text" : " § 2871. Policy and purposes of article. Many hospitals and other\\nhealth facilities throughout the state are becoming obsolete and are no\\nlonger adequate to meet the needs of modern medicine. As a result of\\nrapid technological changes, such facilities require substantial\\nstructural or functional changes. Others are unsuited for continued use\\nby virtue of their location and the physical characteristics of their\\nexisting plants and should be replaced. Such inadequate and outmoded\\nfacilities deny to the people of the state the benefits of health care\\nof the highest quality, efficiently and promptly provided at a\\nreasonable cost. Their replacement and modernization is essential to\\nprotect and prolong the lives of the state's population and cannot\\nreadily be accomplished by the ordinary unaided operation of private\\nenterprise.\\n It is the purpose of this article to encourage the timely construction\\nand modernization, including the equipment, of hospital and other health\\nfacilities, which are necessary for the diagnosis or treatment of human\\ndisease, pain, injury, disability, deformity or physical condition, and\\nof facilities incidental or appurtenant thereto, with mortgage loan\\nparticipation by the New York state housing finance agency, all in\\nfurtherance of article seventeen of the constitution. It is hereby\\ndeclared to be the policy of the state to encourage the provision of\\nmodern, well-equipped health facilities, and such provision is hereby\\ndeclared to be a public use and purpose.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2872", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2014-11-28", "2017-01-13", "2021-04-23" ], "docLevelId" : "2872", "activeDate" : "2017-01-13", "sequenceNo" : 1130, "repealedDate" : null, "fromSection" : "2872", "toSection" : "2872", "text" : " § 2872. Definitions. As used in this article, the following words and\\nphrases shall have the following meanings unless a different meaning is\\nplainly required by the context:\\n 1. \"Commissioner\". The commissioner of health of the state of New\\nYork.\\n 2. \"Agency\". The New York state housing finance agency created by\\narticle three of the private housing finance law or the New York state\\nmedical care facilities finance agency created by the New York state\\nmedical care facilities finance agency act.\\n 3. \"Eligible borrower\". \"Hospital corporation\". A non-profit hospital\\ncorporation organized under the laws of this state, or a non-profit\\nmedical corporation organized under and governed by article forty-four\\nof this chapter, which has entered into a regulatory agreement in\\naccordance with the provisions of section twenty-eight hundred\\nseventy-three of this article.\\n * 3-a. \"Eligible secured hospital borrower\". A not-for-profit hospital\\ncorporation organized under the laws of this state, which has been\\ndesignated by the commissioner and the public health council as a needed\\nfacility eligible to receive distributions from the reimbursement pools\\nestablished pursuant to paragraph (c) of subdivision nine of section\\ntwenty-eight hundred seven-a of this chapter, or any successor pool or\\npools established to serve a substantially similar purpose to such\\npools.\\n * NB Expired December 31, 2015\\n 4. \"Project\". \"Hospital project\". A specific work or improvement,\\nincluding lands, buildings, improvements, fixtures and articles of\\npersonal property, acquired, constructed, rehabilitated, owned and\\noperated by an eligible borrower pursuant to this article, to provide\\nhospital or other facilities for the prevention, diagnosis or treatment\\nof human disease, pain, injury, disability, deformity or physical\\ncondition, and for facilities incidental or appurtenant thereto.\\n\"Project\" and \"Hospital project\" shall also mean the refinancing of\\nexisting indebtedness which constitutes a lien or other encumbrance upon\\nthe real property or assets of the eligible borrower whether or not such\\nrefinancing is related to the construction, acquisition or\\nrehabilitation of a specific work or improvement. The term \"project\" or\\n\"hospital project\" as used in this subdivision shall also mean a\\nseparate work or improvement, including lands, buildings, fixtures and\\npersonal property related thereto owned and operated by an eligible\\nborrower to provide such services, functions, capabilities and\\nfacilities as may be convenient or deisrable for the operation of a\\nhospital or other such facility.\\n 5. \"Project cost\". \"Hospital project cost\". The sum total of all costs\\nincurred by an eligible borrower as approved by the commissioner as\\nreasonable and necessary for carrying out all works and undertakings and\\nproviding all necessary equipment for the development of a project less\\nany portion of any state, federal or municipal assistance grant as the\\ncommissioner shall, prior to the making of a loan by the agency to an\\neligible borrower, determine to be available to reimburse the eligible\\nborrower for the payment of such project costs prior to the initial\\noccupancy of the project. These shall include but are not necessarily\\nlimited to the carrying charges during construction or rehabilitation up\\nto and including the occupancy date, working capital not exceeding three\\nper centum of the estimated total cost or three per centum, of the\\nactual total final cost, whichever is larger, the cost of all necessary\\nstudies, surveys, plans and specifications, architectural, engineering,\\nlegal or other special services, the cost of acquisition of land and any\\nbuildings and improvements thereon, site preparation and development,\\nconstruction, reconstruction and equipment, including fixtures,\\nequipment, and articles of personal property required, the reasonable\\ncost of financing incurred by an eligible borrower in the course of the\\ndevelopment of the project, up to and including the occupancy date, the\\nfees imposed by the commissioner and by the agency; other fees charged,\\nand necessary expenses incurred in connection with the initial occupancy\\nof the project, and the cost of such other items as the commissioner may\\ndetermine to be reasonable and necessary for the development of a\\nproject, less any and all rents and other net revenues from the\\noperation of the real property, improvements or personal property on the\\nproject site, or any part thereof, by an eligible borrower on and after\\nthe date on which the contract between an eligible borrower and the\\nagency was entered into and prior to the occupancy date. The definition\\ncontained in this subdivision shall also include all costs relating to\\nthe refinancing of existing indebtedness which constitutes a lien or\\nother encumbrance upon the real property or assets of the eligible\\nborrower provided that the amount of the indebtedness to be so\\nrefinanced has been found by the commissioner to be reasonable.\\n 6. \"Occupancy date\". The date defined in the document providing for a\\nloan between an eligible borrower and the agency.\\n 7. \"Loan\". As used in this article, a loan shall mean either a\\nmortgage loan or a project loan, each as defined in the New York state\\nmedical facilities finance agency act, made by the agency to an eligible\\nborrower, as defined in the New York state medical facilities finance\\nagency act.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2873", "title" : "Regulation of eligible borrowers", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2873", "activeDate" : "2014-09-22", "sequenceNo" : 1131, "repealedDate" : null, "fromSection" : "2873", "toSection" : "2873", "text" : " § 2873. Regulation of eligible borrowers. 1. Every eligible borrower,\\nas a condition precedent to borrowing funds from the agency, shall enter\\ninto a regulatory agreement with the commissioner which shall provide:\\n (a) that the real property or other assets mortgaged or otherwise\\npledged to the agency shall not be sold, leased, transferred, encumbered\\nor assigned without the prior consent of the commissioner until the\\neligible borrower shall have repaid in full all obligations due to the\\nagency and has paid such other obligations as may be required by the\\ncommissioner provided, however, the provisions of this paragraph shall\\nnot apply to any actions taken pursuant to section twenty-eight hundred\\nseventy-nine of this article;\\n (b) that the eligible borrower will maintain books and records and a\\nsystem of accounts satisfactory to the commissioner and the agency\\nincluding but not limited to separate books, records and accounts for\\n(i) all monies advanced to the eligible borrower by the agency or from\\nany other source or sources, public or private, for the construction,\\nreconstruction, rehabilitation, improvement or equipment of the project\\nand (ii) all monies repaid in satisfaction of any indebtedness to the\\nagency or other indebtedness as required by the commissioner; and the\\neligible borrower agrees that all of its books, records and accounts\\nshall be open to examination by the commissioner and the agency at any\\ntime;\\n (c) that the eligible borrower shall file with the commissioner and\\nthe agency such financial statements including an annual report setting\\nforth such information as the commissioner may require;\\n (d) that the eligible borrower shall not acquire any real property or\\ninterest therein for the purpose of constructing, reconstructing,\\nrehabilitating or improving a hospital project without first having\\nobtained from the commissioner a certificate that such acquisition is\\nconsistent with the purposes of this article;\\n (e) that the eligible borrower shall not issue notes, bonds,\\ndebentures or other obligations other than for money or property\\nactually received for the use and lawful purposes of the eligible\\nborrower and no such note, bond, debenture or other obligation shall\\nconstitute a lien or encumbrance against the project, or any real\\nproperty or other asset mortgaged or otherwise pledged to the agency,\\nprovided, however, that a hospital constituting an eligible borrower may\\nincur, assume or guarantee indebtedness from a lender other than the New\\nYork state medical care facilities finance agency or incur or assume\\nindebtedness from the New York state medical care facilities finance\\nagency under a separate bond resolution pursuant to the provisions of\\nsection five-c of the New York state medical care facilities finance\\nagency act;\\n (f) that the eligible borrower shall not without first having obtained\\nthe written consent of the commissioner:\\n (i) construct, reconstruct, rehabilitate, improve, alter or repair the\\nproject or enter into a contract therefor;\\n (ii) enter into contracts relating to the management or operation of\\nthe project;\\n (iii) make a guaranty of payment out of monies pledged to the agency\\nor pledge any or all of its assets, income or revenue pledged to the\\nagency to secure payment of its obligations;\\n (iv) voluntarily dissolve;\\n (g) that no member, officer or employee of the corporation which is an\\neligible borrower shall acquire any interest, direct or indirect, in any\\nproperty then or thereafter included or planned to be included in a\\nproject, nor retain any interest direct or indirect in any property\\nacquired subsequent to his appointment or employment which is later\\nincluded or planned to be included in a project. If any member, officer\\nor employee of a corporation which is an eligible borrower owns or\\ncontrols an interest, direct or indirect, in any property included in a\\nproject which was acquired prior to his appointment or employment, he\\nshall disclose such interest and the date of acquisition to the\\ncorporation and such disclosure shall be entered upon the minutes of\\nsuch corporation and a copy of such minutes shall be forwarded to the\\ncommissioner;\\n (h) that all income and earnings of the eligible borrower shall be\\nused exclusively for its corporate purposes;\\n (i) that no part of the net income or earnings of the corporation\\nshall inure to the benefit or profit of any private individual, firm or\\ncorporation;\\n (j) such other matters as the commissioner or the agency may require.\\n 2. This regulatory agreement shall terminate at any time after the\\nexpiration of twenty years after the occupancy date, or such earlier\\ndate as the bonds issued by the agency with respect to the hospital\\nproject are subject to redemption, upon the consent of the commissioner\\nand upon the repayment in full of all obligations due to the agency and\\nof such other obligations as the commissioner may require.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2874", "title" : "Loans", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2021-04-23" ], "docLevelId" : "2874", "activeDate" : "2014-09-22", "sequenceNo" : 1132, "repealedDate" : null, "fromSection" : "2874", "toSection" : "2874", "text" : " § 2874. Loans. 1. Any eligible borrower may, subject to the approval\\nof the commissioner, borrow funds from the agency and the repayment\\nthereof may be secured by bond or note and mortgage or other agreement\\nwhich shall contain such terms and conditions as may be deemed necessary\\nor desirable by the agency or required by any agreement between the\\nagency and the holders of its notes and bonds, including the right to\\nassignment of rates and charges and entry into possession in case of\\ndefault, but the operation of such project, in the event of such entry,\\nshall be subject to regulations promulgated by the commissioner.\\n 2. The agency may make contracts to make loans to an eligible borrower\\nin an amount not to exceed the total project cost. Any such loan which\\nconstitutes a mortgage loan as defined in the New York state medical\\ncare facilities finance agency act shall be secured by a first mortgage\\nlien upon all the real property and improvements of which the project\\nconsists and upon all personal property attached to or used in\\nconnection with the operation of the project. In the case of a mortgage\\nloan in an amount greater than ninety per centum of the total project\\ncost, the commissioner may, in his discretion, require satisfactory\\nindependent guarantees that the loan will be repaid according to the\\nterms of the bond or note and mortgage of the eligible borrower. Any\\nmortgage loan may be further secured by such a lien upon other real\\nproperty owned by the eligible borrower. Notwithstanding the foregoing\\nprovisions of this subdivision or any other provision of this article to\\nthe contrary, any personal property may be excluded from the lien of the\\nmortgage securing such a mortgage loan, provided (a) the commissioner\\nfinds that such property is not essential for the rendition of required\\nhospital services as such term is defined in article twenty-eight of\\nthis chapter, and (b) the agency consents to such exclusion.\\n 3. In connection with assistance grants which are made by the state,\\nfederal government or a municipality to reimburse the eligible borrower\\nfor project costs which have been paid for by such eligible borrower\\nfrom the proceeds of a loan or such other funds which are legally made\\navailable to the eligible borrower, the eligible borrower shall hold and\\napply such assistance grants in accordance with the requirements of the\\ncommissioner and the agency.\\n 4. Any inconsistent provision of law to the contrary notwithstanding,\\nmortgages of an eligible borrower shall be exempt from the mortgage\\nrecording taxes imposed by article eleven of the tax law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2874-A", "title" : "Mortgage loans to eligible secured hospital borrowers", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2014-11-28", "2017-01-13" ], "docLevelId" : "2874-A", "activeDate" : "2017-01-13", "sequenceNo" : 1133, "repealedDate" : null, "fromSection" : "2874-A", "toSection" : "2874-A", "text" : " * § 2874-a. Mortgage loans to eligible secured hospital borrowers.\\nExcept as specified herein, eligible secured hospital borrowers shall be\\nsubject to all of the requirements to which eligible borrowers are\\nsubject under this article. Mortgage loans to eligible secured hospital\\nborrowers shall be subject to the following criteria:\\n 1. The medical care facilities finance agency shall not make a\\nmortgage loan to eligible secured hospital borrowers unless the\\ncommissioner has recommended the project based on public need, the\\nhospital discloses the financial resources available to it, and the\\nhospital complies with the provisions of article twenty-eight of this\\nchapter. In considering the financial resources available to support a\\nproject, the commissioner shall take into account programs designed to\\noffset eligible secured hospital borrowers' past and current unmet bad\\ndebt and charity care losses.\\n 2. A mortgage loan to an eligible secured hospital borrower made by\\nthe medical care facilities finance agency shall not exceed an amount\\nequal to one hundred percent of the total project costs, which costs\\nshall include all costs associated with the refinancing of indebtedness\\nattributable to unmet bad debt and charity care losses. To ensure the\\ntimely repayment of the principal and interest due on the indebtedness\\nrelating to such refinancings, the commissioner may authorize\\nreimbursement to eligible secured hospital borrowers for capital related\\nexpenses including but not limited to depreciation, rentals and interest\\non capital debt and may advance the payment of depreciation to such\\nborrowers as needed.\\n * NB Expired December 31, 2015\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2875", "title" : "Conditions and security for loans", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2875", "activeDate" : "2014-09-22", "sequenceNo" : 1134, "repealedDate" : null, "fromSection" : "2875", "toSection" : "2875", "text" : " § 2875. Conditions and security for loans. No loan shall be made by\\nthe agency to an eligible borrower until the commissioner has approved\\nthe project and finds that:\\n 1. The eligible borrower has complied with all of the provisions of\\narticle twenty-eight of this chapter and this article;\\n 2. The plans and specifications conform to the requirements of all\\nlaws and regulations applicable thereto and assure adequate light, air,\\nsanitation and fire protection and are satisfactory to him;\\n 3. The estimated revenue of the project or from other funds of the\\neligible borrower pledged, assigned or otherwise to be made available to\\nthe agency will be sufficient to cover all probable costs of operation\\nand maintenance, of fixed charges and such reserves as may be authorized\\nby the commissioner or required by the agency;\\n 4. Provision has been made for the purpose of providing for the\\npayment of the difference between the estimated project cost and the\\nloan; and in the event the final project cost shall exceed the estimated\\nproject cost, the difference between such final project cost and the\\nloan;\\n 5. The eligible borrower has entered into a regulatory agreement\\npursuant to section twenty-eight hundred seventy-three of this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2876", "title" : "Occupancy or other rates", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2876", "activeDate" : "2014-09-22", "sequenceNo" : 1135, "repealedDate" : null, "fromSection" : "2876", "toSection" : "2876", "text" : " § 2876. Occupancy or other rates. An eligible borrower shall, with the\\napproval of the commissioner, fix rates to be charged for occupancy or\\nother use of each project. The commissioner upon his own motion, or\\nupon application by the eligible borrower or lienholder may vary the\\namount of such charge from time to time so as to secure, together with\\nall other income of the eligible borrower pledged, assigned or otherwise\\nmade available to the agency, sufficient income to meet, within\\nreasonable limits, all necessary payments by the said eligible borrower\\nof all expenses, including fixed charges, sinking funds and reserves.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2877", "title" : "Transfer of real property", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2877", "activeDate" : "2014-09-22", "sequenceNo" : 1136, "repealedDate" : null, "fromSection" : "2877", "toSection" : "2877", "text" : " § 2877. Transfer of real property. Notwithstanding any requirement of\\nlaw to the contrary or any provision of any general, special or local\\nlaw, charter or ordinance, every executor, administrator, trustee,\\nguardian or other person holding trust funds or acting in a fiduciary\\ncapacity, unless the instrument under which such fiduciary is acting\\nexpressly forbids, and the state, its subdivisions, municipalities, all\\nother public bodies, all public officers, persons, partnerships and\\ncorporations owning or holding any real property, may grant, sell, lease\\nor otherwise transfer any such real property or interest therein to an\\neligible borrower and receive and hold any cash, exchanged therefor by\\nsuch an eligible borrower and may execute such instruments and do such\\nacts as may be deemed necessary or desirable by them or it and by the\\neligible borrower in connection with a project or projects and such\\nsale, lease or transfer may be made without public auction or bidding;\\nprovided, however, that where such real property is within an urban\\nrenewal area the disposition thereof shall be in accordance with the\\nprovisions of paragraph (d) of subdivision two of section five hundred\\nseven of the general municipal law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2878", "title" : "Supervision", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2878", "activeDate" : "2014-09-22", "sequenceNo" : 1137, "repealedDate" : null, "fromSection" : "2878", "toSection" : "2878", "text" : " § 2878. Supervision. 1. The commissioner may from time to time make,\\nalter, amend and repeal rules and regulations for the supervision,\\nexamination, regulation and audit of an eligible borrower and for\\ncarrying into effect the provisions and purposes of this article, and\\neach eligible borrower shall submit an annual report of its operations\\nto the commissioner and the agency who may examine and audit the books\\nand records of the eligible borrower at any time.\\n 2. The commissioner and the department of health shall have power to\\nact for and in behalf of the agency in servicing the hospital loans of\\nthe agency, and to perform such functions and services in connection\\nwith the making, servicing and collection of such loans as shall be\\nrequested by the agency.\\n 3. (a) The commissioner and the department may, with respect to any\\nhospital project of which the agency has acquired the fee or otherwise,\\nenter into an agreement with said agency subject to the approval of the\\ndirector of the budget, for the department, as provided in paragraph (b)\\nof this subdivision, to operate the said project in a manner consistent\\nwith the purposes of this article. In such event, the commissioner, on\\nbehalf of the department, shall have the power to use any available\\nfunds to pay all operating expenses and to comply with all the terms and\\nprovisions of the mortgage, if any, as though the mortgage had not been\\nforeclosed, or any other applicable agreement and to comply with the\\nprovisions of this article.\\n (b) Subject to the provisions of the agreement with said agency, the\\ncommissioner may contract with any person, firm or corporation which he\\ndeems qualified to operate and manage such project and to perform such\\nduties and functions as he may deem necessary.\\n 4. Whenever the commissioner shall be of the opinion that an eligible\\nborrower is failing or omitting, or is about to fail or omit to do\\nanything required of it by law or by order of the commissioner and is\\ndoing or is about to do anything, or permitting anything, or is about to\\npermit anything to be done, contrary to or in violation of law or of any\\norder of the commissioner, or which is improvident or prejudicial to the\\ninterest of the public, the lienholders, the shareholders, or the\\noccupants, the commissioner may, in addition to such other remedies as\\nmay be available, commence an action or proceeding in the supreme court\\nof the state of New York in the name of the commissioner, for the\\npurpose of having such violations or threatened violations stopped and\\nprevented, and in such action or proceeding, the court may appoint a\\ntemporary or permanent receiver or both. Such action or proceeding shall\\nbe commenced by a petition to the supreme court, alleging the violation\\ncomplained of and praying for appropriate relief. It shall thereupon be\\nthe duty of the court to specify the time, not exceeding twenty days\\nafter service of a copy of the petition, within which the eligible\\nborrowers complained of must answer the petition. In case of any default\\nor after answer the court shall immediately inquire into the facts and\\ncircumstances in such manner as the court shall direct in the interest\\nof substantial justice without other or formal pleading. Such other\\npersons or corporations as it shall seem to the court necessary or\\nproper to join as parties in order to make its order or judgment\\neffective, may be joined as parties. The final judgment in any such\\naction or proceeding shall either dismiss the action or proceeding or\\ndirect that an order or an injunction, or both, issue, or provide for\\nthe appointment of a receiver as prayed for in the petition, or grant\\nsuch other relief as the court may deem appropriate.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2879", "title" : "Foreclosures and judgments", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2879", "activeDate" : "2014-09-22", "sequenceNo" : 1138, "repealedDate" : null, "fromSection" : "2879", "toSection" : "2879", "text" : " § 2879. Foreclosures and judgments. 1. In any foreclosure action the\\ncommissioner shall be made a party defendant. He shall take all steps\\nnecessary to protect the interests of the public therein and no costs\\nshall be awarded against him. Foreclosures shall not be decreed unless\\nthe court to which application is made shall be satisfied that the\\ninterests of the lienholder or holders cannot be adequately assured\\nexcept by the sale of the property. In any such proceeding, the court\\nshall be authorized to appoint the commissioner as receiver of the\\nproperty, or to grant such other and further relief as may be reasonable\\nand proper.\\n 2. Notwithstanding the foregoing provisions of this section, wherever\\nit shall appear that the agency shall have loaned on a mortgage which is\\na lien upon any such property, such agency shall have all the remedies\\navailable to a mortgagee under the laws of the state of New York, free\\nfrom any restrictions contained in this section, except that the\\ncommissioner shall be made a party defendant and that the commissioner\\nshall take all steps necessary to protect the interests of the public\\nand no costs shall be awarded against him.\\n 3. In the event of a judgment against an eligible borrower in any\\naction not pertaining to the collection of a mortgage indebtedness,\\nthere shall be no sale of any of the real property of such eligible\\nborrower except upon sixty days' written notice to the commissioner and\\nthe agency. Upon receipt of such notice the commissioner and the agency\\nshall take such steps as in its judgment may be necessary to protect the\\nrights of all parties.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2880", "title" : "Hospital facilities development fund", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2880", "activeDate" : "2014-09-22", "sequenceNo" : 1139, "repealedDate" : null, "fromSection" : "2880", "toSection" : "2880", "text" : " § 2880. Hospital facilities development fund. 1. Establishment of\\nfund. a. There is hereby created and established in the department of\\nhealth a revolving fund to be known as the \"hospital facilities\\ndevelopment fund\".\\n b. There shall be paid into such hospital facilities development fund\\n(a) any monies appropriated and made available by the state for the\\npurposes of such fund, (b) notwithstanding the provisions of the state\\nfinance law or any other provision of law, any monies which the\\ndepartment of health shall receive in repayment of advances made from\\nthe fund, and (c) any other monies which may be made available to the\\ndepartment of health for the purposes of such fund from any other source\\nor sources.\\n c. Any monies held in such hospital facilities development fund not\\nrequired for immediate disbursement may be invested, at the discretion\\nof the commissioner, in obligations of the state or the United States\\ngovernment or obligations the principal and interest of which are\\nguaranteed by the state or the United States government. Any income or\\ninterest earned by, or increment to, such hospital facilities\\ndevelopment fund shall be added to the monies held in such fund for the\\npurpose herein provided.\\n 2. Advances; conditions; prepayment. a. The commissioner is hereby\\nauthorized to use the monies held in the hospital facilities development\\nfund to make non-interest bearing advances to eligible borrowers\\nproviding or arranging for health services in connection with a prepaid\\ncomprehensive health care plan. Such monies shall be paid out of such\\nfund, after audit by and upon the warrant of the comptroller, on\\nvouchers approved by the commissioner.\\n b. No such advances may be made unless the commissioner reasonably\\nanticipates that a New York state housing finance agency mortgage or a\\nNew York state medical care facilities finance agency mortgage, as the\\ncase may be, will be obtained for the hospital project and makes a\\nfinding to such effect. Such finding shall be conclusive evidence of the\\nfacts therein contained except upon proof of fraud or willful\\nmisfeasance.\\n c. The proceeds of such advances shall be used only to defray the\\ndevelopment costs of such project. The \"development costs\" means the\\ncosts approved by the commissioner as appropriate expenditures which may\\nbe incurred prior to the initial advance of the proceeds of a New York\\nstate housing finance agency mortgage or a New York state medical care\\nfacilities finance agency mortgage, as the case may be including but not\\nlimited to: (a) payments for options to purchase properties for the\\nproposed hospital project or for deposits on account of contracts to\\npurchase such properties; (b) legal and organizational expenses,\\nincluding payment of attorneys' fees, project manager, administrative\\nand clerical staff salaries, office rent and other incidental expenses;\\n(c) payment of fees and expenses for preliminary surveys, reports and\\nfeasibility studies, advances for planning, engineering and\\narchitectural work; and (d) such other expenses incurred by such\\neligible borrower as the commissioner may deem appropriate to effectuate\\nthe purposes of this article.\\n d. If such eligible borrower obtains a mortgage loan from the New York\\nstate housing finance agency or the New York state medical care\\nfacilities finance agency, each such advance shall be repaid in full by\\nsuch eligible borrower to the department of health concurrently with\\nreceipt by the eligible borrower of the first proceeds of such loan.\\n e. If the commissioner in his discretion shall, at any time, determine\\nthat a New York state housing finance agency mortgage loan or a New York\\nstate medical care facilities finance agency mortgage loan may not be\\nobtained, or that any advance made pursuant to this section is in\\njeopardy of not being repaid or that the proposed project for which such\\nadvance was made is in jeopardy of not being constructed, then and in\\nany such event all advances made to such eligible borrower from the\\nhospital facilities development fund shall be deemed due and payable by\\nthe eligible borrower upon the demand of the commissioner.\\n 3. Examination by comptroller. The comptroller, or his legally\\nauthorized representative, is hereby authorized and empowered to examine\\nthe books and accounts of the department of health relating to the\\nhospital facilities development fund, and from time to time, until the\\nadvances have been repaid to the hospital facilities development fund,\\nto examine the books and accounts of each eligible borrower receiving\\nsuch advances, including its receipts, disbursements, contracts, leases,\\nloans, and any other monies relating to its financial operation.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2881", "title" : "Fees and charges", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2881", "activeDate" : "2014-09-22", "sequenceNo" : 1140, "repealedDate" : null, "fromSection" : "2881", "toSection" : "2881", "text" : " § 2881. Fees and charges. The commissioner may, by regulation,\\nestablish and charge to eligible borrowers, for the period from\\noccupancy date to mortgage discharge, a fee for inspection, regulation,\\nsupervision and audit not to annually exceed two-tenths of one percent\\nof the mortgage loan to recover the departmental costs in performing\\nthese functions in relation to any hospital project financed or\\nrefinanced by a loan made under this article prior to April first, two\\nthousand fourteen. Notwithstanding the foregoing, no such fee shall be\\ncharged or payable pursuant to this section with respect to a hospital\\nproject financed or refinanced with bonds issued on or after April\\nfirst, two thousand fourteen.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2882", "title" : "Separability", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2882", "activeDate" : "2014-09-22", "sequenceNo" : 1141, "repealedDate" : null, "fromSection" : "2882", "toSection" : "2882", "text" : " § 2882. Separability. If any clause, sentence, paragraph or part of\\nthis article shall be adjudged by any court of competent jurisdiction to\\nbe invalid, such judgment shall not affect, impair or invalidate the\\nremainder thereof, but shall be confined in its operation to the clause,\\nsentence, paragraph, section or part thereof directly involved in the\\ncontroversy in which such judgment shall have been rendered.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2883", "title" : "Authority and responsibility of commissioner regarding hospital mortgages", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2883", "activeDate" : "2014-09-22", "sequenceNo" : 1142, "repealedDate" : null, "fromSection" : "2883", "toSection" : "2883", "text" : " § 2883. Authority and responsibility of commissioner regarding\\nhospital mortgages. For the purposes of this article, only the\\nprovisions of sections twenty-eight hundred seventy, twenty-eight\\nhundred seventy-one, twenty-eight hundred seventy-two, twenty-eight\\nhundred seventy-three, twenty-eight hundred seventy-four, twenty-eight\\nhundred seventy-five, twenty-eight hundred seventy-seven, subdivision\\none of section twenty-eight hundred seventy-eight, twenty-eight hundred\\neighty, twenty-eight hundred eighty-one and twenty-eight hundred\\neighty-two shall apply to loans made pursuant to this article after\\nApril first, nineteen hundred eighty-one.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 15 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A28-C", "title" : "Nurse Manpower Center", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "28-C", "activeDate" : "2014-09-22", "sequenceNo" : 1143, "repealedDate" : null, "fromSection" : "2890", "toSection" : "2892", "text" : " ARTICLE 28-C\\n NURSE MANPOWER CENTER\\nSection 2890. Policy and purposes of article.\\n 2891. Nurse manpower center.\\n 2892. Commissioner; powers and duties.\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2890", "title" : "Policy and purposes of article", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2890", "activeDate" : "2014-09-22", "sequenceNo" : 1144, "repealedDate" : null, "fromSection" : "2890", "toSection" : "2890", "text" : " § 2890. Policy and purposes of article. It is hereby declared that the\\nrecruitment, training, availability and proper performance of nursing\\nservice personnel in hospitals, nursing homes and home health agencies\\nare matters of vital concern to the public health. Shortages and\\nimproper utilization of nursing service resources result in neglect of\\nthe health needs of sick, injured, disabled, infirm and invalid persons,\\nand improper performance of nursing services. In order to provide for\\nthe protection and promotion of the health of the inhabitants of the\\nstate, the department of health shall have the central, comprehensive\\nresponsibility for the development and administration of the state's\\npolicy with respect to nursing service and the utilization of nursing\\nservice manpower resources by hospitals, nursing homes and home health\\nagencies.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2891", "title" : "Nurse manpower center", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2891", "activeDate" : "2014-09-22", "sequenceNo" : 1145, "repealedDate" : null, "fromSection" : "2891", "toSection" : "2891", "text" : " § 2891. Nurse manpower center. The commissioner shall establish within\\nthe department a nurse manpower center for the purposes of instituting\\nand conducting nurse manpower studies and surveys and the making of\\nrecommendations for the improvement of nursing service.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2892", "title" : "Commissioner; powers and duties", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2892", "activeDate" : "2014-09-22", "sequenceNo" : 1146, "repealedDate" : null, "fromSection" : "2892", "toSection" : "2892", "text" : " § 2892. Commissioner; powers and duties. The commissioner shall have\\nthe following powers and duties:\\n (a) To conduct studies and surveys of nursing service to determine\\npublic nursing service needs and the extent to which such needs can be\\nprovided by homemakers, home health aides, licensed practical nurses and\\nregistered professional nurses.\\n (b) To make recommendations to nursing service organizations,\\nhospitals, nursing homes and home health agencies relating to personnel\\npractices, recruitment, training, conditions of employment and\\ncompensation for the purposes of improvement of the quality and\\navailability of nursing service and making more effective use of\\nexisting nurse manpower.\\n (c) To advise the department of education as to the extent to which\\nhospitals, nursing homes and home health agencies are suitable as\\nclinical facilities for the training of nursing service personnel.\\n (d) To institute and operate refresher training programs for nursing\\nservice personnel.\\n (e) To enlist in a nurse reserve those inactive nurses interested in\\nreturning to active nursing service.\\n (f) To maintain a central registry of nursing manpower resources\\nincluding, but not limited to, data concerning registered professional\\nnurses and licensed practical nurses.\\n (g) To institute and operate a nurse manpower recruitment service\\nincluding, but not limited to, a guidance and counseling service.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 3 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A28-D", "title" : "Practice of Nursing Home Administration", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "28-D", "activeDate" : "2014-09-22", "sequenceNo" : 1147, "repealedDate" : null, "fromSection" : "2895", "toSection" : "2898-A", "text" : " ARTICLE 28-D\\n PRACTICE OF NURSING HOME ADMINISTRATION\\nTitle Section\\n I. General provisions and public policy ....................... 2895\\n II. Licensing and registration ................................. 2896\\n III. Violations; penalties ...................................... 2897\\n IV. Construction ............................................... 2898\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A28-DT1", "title" : "General Provisions and Public Policy", "docType" : "TITLE", "publishedDates" : [ "2014-09-22", "2021-06-25" ], "docLevelId" : "1", "activeDate" : "2014-09-22", "sequenceNo" : 1148, "repealedDate" : null, "fromSection" : "2895", "toSection" : "2895-A", "text" : " TITLE I\\n GENERAL PROVISIONS AND PUBLIC POLICY\\nSection 2895. Declaration of policy and statement of purpose.\\n 2895-a. Definitions.\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2895", "title" : "Declaration of policy and statement of purpose", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2895", "activeDate" : "2014-09-22", "sequenceNo" : 1149, "repealedDate" : null, "fromSection" : "2895", "toSection" : "2895", "text" : " § 2895. Declaration of policy and statement of purpose. It is hereby\\ndeclared and found that the health and safety of the people of the state\\nof New York require that the administration of medical facilities\\nproviding nursing home accommodations be adequate and proper, and that\\nthe quality of such administrative services is related to the calibre of\\ntraining and experience of the persons administering such facilities. It\\nis the purpose of this article to establish standards of education,\\ntraining and experience and provide for the examination, licensure and\\nregistration of nursing home administrators.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2895-A", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2895-A", "activeDate" : "2014-09-22", "sequenceNo" : 1150, "repealedDate" : null, "fromSection" : "2895-A", "toSection" : "2895-A", "text" : " § 2895-a. Definitions. As used in this article, the following words\\nand phrases shall have the following meanings, unless the context\\notherwise plainly requires:\\n 1. \"Nursing home\" means a facility issued an operating certificate as\\na nursing home pursuant to article twenty-eight of this chapter.\\n 2. \"Board\" means the board of examiners of nursing home administrators\\nas provided for in this article.\\n 3. \"Nursing home administrator\" means an individual who is charged\\nwith and has responsibility for the general administration of a nursing\\nhome whether or not such individual has an ownership interest in such\\nhome and whether or not his functions and duties are shared with one or\\nmore other individuals.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 2 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A28-DT2", "title" : "Licensing and Registration", "docType" : "TITLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2", "activeDate" : "2014-09-22", "sequenceNo" : 1151, "repealedDate" : null, "fromSection" : "2896", "toSection" : "2896-H", "text" : " TITLE II\\n LICENSING AND REGISTRATION\\nSection 2896. License and registration required.\\n 2896-a. Board of examiners of nursing home administrators.\\n 2896-b. Rules and regulations; powers and duties.\\n 2896-c. Qualifications of applicants for licensure.\\n 2896-d. Examination of applicants.\\n 2896-e. Issuance of license.\\n 2896-f. Temporary licenses.\\n 2896-g. Registration.\\n 2896-h. Reports.\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2896", "title" : "License and registration required", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2896", "activeDate" : "2014-09-22", "sequenceNo" : 1152, "repealedDate" : null, "fromSection" : "2896", "toSection" : "2896", "text" : " § 2896. License and registration required. On and after July first,\\nnineteen hundred seventy, no person shall practice or represent himself\\nas a nursing home administrator unless he is licensed by the board and\\nregistered by the department pursuant to the provisions of this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2896-A", "title" : "Board of examiners of nursing home administrators", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2896-A", "activeDate" : "2014-09-22", "sequenceNo" : 1153, "repealedDate" : null, "fromSection" : "2896-A", "toSection" : "2896-A", "text" : " § 2896-a. Board of examiners of nursing home administrators. 1. There\\nshall be within the department a board of examiners of nursing home\\nadministrators consisting of thirteen members appointed by the\\ncommissioner, all of whom shall be citizens of the United States and\\nresidents of the state of New York. The board shall be composed of one\\nphysician, one hospital administrator, one professional registered\\nnurse, three nursing home administrators employed in proprietary nursing\\nhomes and three nursing home administrators employed in voluntary\\nnursing homes, each of whom shall have not less than five years'\\nexperience in the care of chronically ill or infirm aged patients. Three\\nmembers shall be representative of the public and one member shall be\\nappointed from a college providing training for nursing home\\nadministrators. A member's term shall expire upon a change of status.\\nEach member appointed from a profession requiring licensure or\\nregistration to practice in the state shall be licensed or registered\\nexcept for those nursing home administrators first appointed to the\\nboard who shall be required only to possess the qualifications and be\\neligible for licensure as required by this article.\\n 2. The term of office of the members shall be three years; provided\\nhowever, that of the members first appointed, three shall be appointed\\nfor a term which shall expire on June thirtieth, nineteen hundred\\nseventy-one; four for a term which shall expire on June thirtieth,\\nnineteen hundred seventy-two; and four for a term which shall expire on\\nJune thirtieth, nineteen hundred seventy-three; and provided however,\\nthat of the members first appointed on the expansion of the board to\\nthirteen members, one shall be appointed for a term which shall expire\\non June thirtieth, nineteen hundred seventy-four; and one for a term\\nwhich shall expire on June thirtieth, nineteen hundred seventy-six. No\\nmember shall serve for more than two consecutive terms. Before entering\\nupon his term of office every board member shall file with the secretary\\nof state the constitutional oath of office. Vacancies in the membership\\nof the board, however created, shall be filled in the manner of the\\noriginal appointment by the commissioner for the unexpired term. Any\\nmember may be removed by the commissioner for misconduct, incapacity,\\nincompetence, or neglect of duty.\\n 3. Each member of the board shall receive a per diem allowance as\\ndetermined by the commissioner for the time spent in the performance of\\nhis official duties and shall be reimbursed for all proper traveling and\\nincidental expenses in carrying out the provisions of this article.\\n 4. The commissioner shall designate an officer or employee of the\\ndepartment to act as secretary to the board, who shall not be a member\\nof the board.\\n 5. The board at its first meeting to be held within thirty days after\\nappointment, and annually thereafter at its first meeting in each year,\\nshall organize and elect from its members a chairman.\\n 6. The board, for the purpose of transacting its business, shall meet\\nat least once every six months at times and places designated by\\nresolution. Special meetings also may be held at such times as the board\\nmay elect, or on the call of the commissioner. A written notice of the\\ntime, place and purpose of any special meeting shall be mailed by the\\nsecretary to all members of the board at least fifteen days before the\\ndate of the meeting.\\n 7. A majority of the members of the board shall constitute a quorum\\nfor the transaction of business at any meeting.\\n 8. The commissioner shall establish an advisory council, broadly\\nrepresentative of the health professions and the public, to provide such\\ntechnical assistance as the board or the commissioner shall request.\\nMembers shall serve without compensation but shall be reimbursed for\\nexpenses actually and necessarily incurred in the performance of their\\nduties.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2896-B", "title" : "Rules and regulations; powers and duties", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2896-B", "activeDate" : "2014-09-22", "sequenceNo" : 1154, "repealedDate" : null, "fromSection" : "2896-B", "toSection" : "2896-B", "text" : " § 2896-b. Rules and regulations; powers and duties. 1. The board, by a\\nmajority vote, shall adopt and amend rules and regulations, to be\\ncertified by the commissioner prior to filing with the secretary of\\nstate, to effectuate the provisions and purposes of this article,\\nincluding but not limited to (a) standards for courses of study for\\nnursing home administrators and for other instruction and training and\\nfor experience and general character of nursing home administrators, and\\n(b) standards and procedures for examination, for the issuance,\\nrevocation and suspension of licenses and registrations of nursing home\\nadministrators and for the investigation of written charges and\\ncomplaints filed with the board relating thereto.\\n 2. The board may assess a civil penalty against a nursing home\\nadministrator for violation of or failure to comply with any lawful\\nnotice, order or rule or regulation issued or adopted by the board, or\\nany provision of this article, not exceeding one thousand dollars for\\nevery such violation or failure, which civil penalty may be assessed\\nafter a hearing pursuant to section twenty-eight hundred ninety-seven-a\\nof this article.\\n 3. The board, or the commissioner at the request of the board, shall\\nconduct such continuing study and investigation of the quality and\\npractice of nursing home administration as may be required for the\\nimprovement of the standards imposed and procedures required for the\\nlicensing of nursing home administrators, including the desirability of\\ninstituting a residency or preceptorship program for nursing home\\nadministrators in training.\\n 4. The board, or the commissioner at the request of the board, shall\\nconduct such study and investigation of higher education in\\ninstitutional administration at the baccalaureate and master's degree\\nlevels as is necessary to determine if such be required to assure the\\ncontinuing maintenance of professional standards of nursing home\\nadministration in the state. The board shall seek the advice and counsel\\nof the state department of education in the conduct of such studies.\\n 5. The commissioner may propose rules and regulations and amendments\\nthereto for consideration by the board to effectuate the purposes of\\nthis article.\\n 6. The board shall also have the authority to take such actions as may\\nbe necessary to enable the state to meet the requirements set forth in\\nsection one thousand nine hundred eight of the social security act, the\\nfederal rules and regulations promulgated thereunder and other pertinent\\nfederal authority.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2896-C", "title" : "Qualifications of applicants for licensure", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2896-C", "activeDate" : "2014-09-22", "sequenceNo" : 1155, "repealedDate" : null, "fromSection" : "2896-C", "toSection" : "2896-C", "text" : " § 2896-c. Qualifications of applicants for licensure. 1. An applicant\\nshall be eligible for a license as provided in this article upon payment\\nto the department of an application fee of forty dollars and the\\nsubmission of satisfactory evidence, verified by oath or affirmation,\\nthat the applicant:\\n (a) is at least twenty-one years of age;\\n (b) is of good moral character and suitability;\\n (c) has successfully completed a four-year course of study in a\\nsecondary school approved by the board of regents or been issued a\\ncertificate of equivalency; and\\n (d) has satisfactorily completed a course of study in the field of\\ninstitutional administration approved by the board or in a school\\nlicensed by the state department of education as maintaining a\\nsatisfactory standard, or an equivalent combination of instruction,\\ntraining or experience as determined by the board, or the equivalent of\\nsuch a course of study in a college as determined by the state\\ndepartment of education; and\\n (e) has passed an examination as specified in section two thousand\\neight hundred ninety-six-d of this title.\\n 2. An applicant who is denied licensure only because of his failure to\\nmeet the requirements of paragraphs (c) and (d) of subdivision one of\\nthis section may petition the board for reconsideration and may be\\nlicensed provided that he possesses educational qualifications or\\nexperience in nursing home administration which are at least the\\nequivalent of the satisfactory completion of an approved course of\\nstudy, and such extended practical experience in nursing home\\nadministration or in a related health administration activity as may be\\nacceptable to the board.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2896-D", "title" : "Examination of applicants", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2896-D", "activeDate" : "2014-09-22", "sequenceNo" : 1156, "repealedDate" : null, "fromSection" : "2896-D", "toSection" : "2896-D", "text" : " § 2896-d. Examination of applicants. 1. Applicants for licensure as\\nnursing home administrators shall be required to pass an examination\\nencompassing the subject matter of the courses of study, instruction,\\ntraining and experience required by the board and certified by the\\ncommissioner.\\n 2. The examination may be administered by the department or by another\\ntesting service certified by the commissioner pursuant to subdivision\\none of this section. The applicant shall be responsible for all fees\\ncharged by the authorized testing service for the administration of the\\nexamination.\\n 3. The department may require applicants to demonstrate eligibility\\nfor licensure in accordance with section two thousand eight hundred\\nninety-six-c of this title prior to taking the examination.\\n 4. Following such examinations, the board shall review and rate the\\nexamination results and shall submit to the department an official\\nreport signed by its chairman and secretary stating the ratings of each\\napplicant and naming all applicants who successfully passed the\\nexamination.\\n 5. The board may accept in lieu of the requirements in paragraph (e)\\nof subdivision one of section two thousand eight hundred ninety-six-c of\\nthis title, a certificate, registration or license issued by another\\nstate or political subdivision of the United States on the basis of\\nqualifications and an examination satisfactory to the board. The\\napplication fee shall accompany an application for persons.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2896-E", "title" : "Issuance of license", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2896-E", "activeDate" : "2014-09-22", "sequenceNo" : 1157, "repealedDate" : null, "fromSection" : "2896-E", "toSection" : "2896-E", "text" : " § 2896-e. Issuance of license. 1. The board shall issue a license to\\npractice nursing home administration to each candidate who meets the\\nqualifications specified in section two thousand eight hundred\\nninety-six-c of this title or submitted an application and qualified\\nunder subdivision five of section two thousand eight hundred\\nninety-six-d of this title and who has paid an initial application fee.\\n 2. Each license issued shall be signed by the chairman and the\\nsecretary of the board and shall bear the seal of the department.\\n 3. Upon receipt of satisfactory evidence that a license has been lost,\\nmutilated or destroyed, the board may issue a duplicate license upon\\nsuch terms and conditions as may be required by the board and certified\\nby the commissioner, and upon payment of a fee of ten dollars.\\n 4. Notwithstanding the provisions of this article the board may adopt\\nrules and regulations governing operation of a nursing home during\\nperiods of emergency.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2896-F", "title" : "Temporary licenses", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2896-F", "activeDate" : "2014-09-22", "sequenceNo" : 1158, "repealedDate" : null, "fromSection" : "2896-F", "toSection" : "2896-F", "text" : " § 2896-f. Temporary licenses. The board may issue a temporary license\\nto practice nursing home administration, under such conditions and\\nlimitations as it shall determine, for a single period not to exceed six\\nmonths to an applicant of good moral character and suitability, over\\ntwenty-one years of age, who meets such other standards as are\\nestablished by the board, who has paid an application fee of forty\\ndollars and who is designated by the owner, operator or other governing\\nauthority to administer a facility during a period when due to\\nresignation, death or incapacity or for other reason the position of\\nnursing home administrator has been unexpectedly vacated.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2896-G", "title" : "Registration", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2896-G", "activeDate" : "2014-09-22", "sequenceNo" : 1159, "repealedDate" : null, "fromSection" : "2896-G", "toSection" : "2896-G", "text" : " § 2896-g. Registration. 1. Every licensee must register biennially\\nwith the department. The department shall mail to every person who has\\nreceived a license under this article an application form for\\nregistration requesting such information as the board and the\\ncommissioner may require. Such licensee shall promptly fill out, sign\\nand forward such application to the department, together with a fee of\\nforty dollars; however, initial registration shall not require such fee.\\nUpon receipt and approval of such application and fee, the department\\nshall issue a certificate of biennial registration. The commissioner\\nshall establish by rule and regulation the beginning date of the\\nbiennial registration period. In the event that a change in the\\nestablished beginning date of the biennial registration period requires\\nan adjustment in the duration of a registration period, there shall be a\\nproportionate adjustment in the prescribed fee.\\n 2. Licensees who apply for registration subsequent to the first year\\nof any biennial registration period shall pay a fee of twenty dollars;\\nhowever, initial registration shall not require such fee; upon receipt\\nand approval of such application and fee, the department shall issue a\\ncertificate of registration for the balance of the biennial registration\\nperiod.\\n 3. Registration subsequent to the thirty-first day of December,\\nnineteen hundred seventy-three, shall require satisfactory completion of\\nsuch continuation education programs or courses of study as the board\\nshall determine are required to assure the licensee's retention of\\nprofessional competence in nursing home administration and development\\nof necessary different, new or advanced nursing home administration\\nskills and techniques.\\n 4. A nursing home administrator who fails or neglects to apply for\\nregistration before the first day of the next ensuing biennial\\nregistration period as required by the provisions of this section shall\\nbe required to pay for registration an additional fee of five dollars\\nfor each month or part thereof that he is in default, provided, however,\\nthat the additional fee shall not be more than one hundred twenty\\ndollars.\\n 5. A practicing nursing home administrator who fails to apply and\\nqualify for registration before the first day of the next ensuing\\nbiennial registration period, shall be an illegal practitioner whose\\nlicense may be suspended or revoked and who may be subjected to a civil\\npenalty, censured or reprimanded by the board in accordance with the\\nprovisions of this article.\\n 6. No person shall be entitled to register as a nursing home\\nadministrator unless he shall hold a license as provided for in this\\narticle. Every unrevoked certificate of registration issued as provided\\nin this article shall be presumptive evidence in all courts and places\\nthat the person named therein is legally registered.\\n 7. A nursing home administrator who has been heretofore duly licensed\\nand registered to practice in this state whose license shall not have\\nbeen revoked or suspended, and who either before or after registration,\\nas required by this section, shall have temporarily abandoned the\\npractice of nursing home administration and surrendered his registration\\ncertificate, may reregister within this state upon complying with the\\nprovisions of this section for registration, including payment of any\\nfees due as of the date of surrender.\\n 8. Upon receipt of satisfactory evidence that a certificate of\\nregistration has been lost, mutilated or destroyed, the department may\\nissue a duplicate certificate upon such terms and conditions as the\\nboard shall prescribe with the approval of the commissioner, and upon\\nthe payment of a fee of ten dollars.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2896-H", "title" : "Reports", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2896-H", "activeDate" : "2014-09-22", "sequenceNo" : 1160, "repealedDate" : null, "fromSection" : "2896-H", "toSection" : "2896-H", "text" : " § 2896-h. Reports. 1. Every administrator of a nursing home shall:\\n (a) post in a sufficient number of prominent positions in the nursing\\nhome so as to be accessible to all residents and to the general public,\\na concise summary of the last inspection report pertaining to the\\nnursing home and issued by the department, with references to the page\\nnumbers of the full reports, noting any deficiencies found by said\\ngovernmental agency or department and the actions taken by the nursing\\nhome to rectify such deficiencies, and indicating in such summaries\\nwhere the full reports may be inspected in said nursing home;\\n (b) provide to each applicant and, upon request, to each resident of\\nsuch nursing home, or any relative, spouse, guardian, committee or\\nconservator of such applicant or resident, a copy of the last inspection\\nreport pertaining to the nursing home and issued by the department.\\n 2. The license or registration of a nursing home administrator who\\nviolates any of the provisions of this section shall be subject to\\nsuspension or revocation and the nursing home administrator may be\\nsubject to a civil penalty in proceedings held in accordance with the\\nprovisions of section twenty-eight hundred ninety-seven-a of this\\narticle.\\n 3. Nothing contained in this section shall be construed or deemed to\\nrequire the public disclosure of confidential medical, social, personal\\nor financial records of any patient. The commissioner shall adopt such\\nregulations as may be necessary to give effect to the provisions of this\\nsection and to preserve the confidentiality of medical, social, personal\\nor financial records of patients.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 9 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A28-DT3", "title" : "Violations; Penalties", "docType" : "TITLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3", "activeDate" : "2014-09-22", "sequenceNo" : 1161, "repealedDate" : null, "fromSection" : "2897", "toSection" : "2897-D", "text" : " TITLE III\\n VIOLATIONS; PENALTIES\\nSection 2897. Suspension, revocation and civil penalties.\\n 2897-a. Proceedings for suspension or revocation.\\n 2897-b. Penalties.\\n 2897-c. Disposition of fees, fines, penalties and other moneys.\\n 2897-d. Injunctive relief.\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2897", "title" : "Suspension, revocation and civil penalties", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2897", "activeDate" : "2014-09-22", "sequenceNo" : 1162, "repealedDate" : null, "fromSection" : "2897", "toSection" : "2897", "text" : " § 2897. Suspension, revocation and civil penalties. 1. The license or\\nregistration of a nursing home administrator may be suspended for a\\nfixed period, revoked or annulled, or such administrator censured,\\nreprimanded, subjected to a civil penalty and otherwise disciplined, in\\naccordance with the provisions and procedures defined in this article,\\nupon decision after due hearing that:\\n (a) he is guilty of fraud or deceit in his practice or has been guilty\\nof fraud or deceit in procuring his license or registration;\\n (b) he has been convicted in a court of competent jurisdiction, either\\nwithin or without the state, of a crime involving moral turpitude;\\n (c) he is or has been an alcohol abuser or is or has been addicted to\\nthe use of morphine, cocaine or other drugs having similar effect, or\\nhas become mentally ill;\\n (d) he has aided and abetted in the practice of nursing home\\nadministration a person who is not a registered nursing home\\nadministrator;\\n (e) he has falsely impersonated a duly registered nursing home\\nadministrator or former duly registered nursing home administrator, or\\nis practicing nursing home administration under an assumed name;\\n (f) he has been guilty of unethical conduct as defined by rules\\nadopted by the board and certified by the commissioner;\\n (g) he has not obtained a certificate of registration as required by\\nsection two thousand eight hundred ninety-six-g.\\n 2. (a) A conviction of a felony shall forfeit a license to practice\\nnursing home administration and shall be noted on the record of such\\nlicense, and the license and registration thereunder shall be cancelled;\\nprovided, that if such conviction be subsequently set aside or reversed\\nupon appeal and the accused acquitted or discharged, his license shall\\nbe restored.\\n (b) A conviction of a felony shall include the conviction of a felony\\nby any court in this state or by any court of the United States or by\\nany court of any other state of the United States; provided, however,\\nthat if a crime of which the practitioner of nursing home administration\\nis convicted by any court of the United States or any other state is a\\nfelony in the jurisdiction in which the conviction is had but is not a\\nfelony in the state of New York, then the conviction shall not be deemed\\na conviction of a felony for the purpose of this article. In the event\\nthat a crime of which the licensee is convicted by any court of the\\nUnited States or by any court of any other state is not a felony in the\\njurisdiction in which the conviction is had but is a felony in the state\\nof New York, then the conviction shall be deemed a conviction of a\\nfelony for the purposes of this article.\\n (c) If a person convicted of a felony or crime deemed hereby to be a\\nfelony is subsequently pardoned by the governor of the state where such\\nconviction was had, or by the president of the United States, or shall\\nreceive a certificate of relief from disabilities or a certificate of\\ngood conduct pursuant to article twenty-three of the correction law for\\nthe purpose of removing the disability under this section because of\\nsuch conviction, the board may, in its discretion, on application of\\nsuch person, and on the submission to it of satisfactory evidence,\\nrestore to such person the right to practice nursing home administration\\nin this state.\\n 3. The license or registration of a nursing home administrator may be\\nsuspended for a fixed period or revoked or such administrator may be\\ncensured, reprimanded, subjected to a civil penalty and otherwise\\ndisciplined in accordance with the provisions and procedures defined in\\nthis article, upon decision after due hearing that, as the administrator\\nof a nursing home he has intentionally participated in any act, practice\\nor policy of such nursing home that endangered the health or safety of\\nits patients. No administrator shall be deemed to have intentionally\\nparticipated in any act, practice or policy of a nursing home if he has\\nfiled written objection to such act, practice or policy with the\\noperator of such nursing home, specifying the manner in which such act,\\npractice or policy endangers the health or safety of the patients of\\nsuch nursing home.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2897-A", "title" : "Proceedings for suspension or revocation", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2897-A", "activeDate" : "2014-09-22", "sequenceNo" : 1163, "repealedDate" : null, "fromSection" : "2897-A", "toSection" : "2897-A", "text" : " § 2897-a. Proceedings for suspension or revocation. 1. Proceedings\\nagainst any licensed or registered nursing home administrator under this\\nsection shall be begun by filing with the board a written charge or\\ncharges in the form of a petition under oath against such nursing home\\nadministrator. The charges may be preferred by any person, corporation,\\nassociation or public officer, or by the board or department in the\\nfirst instance. A report of such investigation as the department shall\\ndeem proper shall be provided on request of the board.\\n 2. If the board decides that the charges should be heard, the board\\nshall designate a hearing officer to hear and report on the charges and\\nshall set a time and place for the hearing. A copy of the charges,\\ntogether with a notice of the time and place of hearing, shall be served\\non the accused at least fifteen days before the date fixed for the\\nhearing personally in the same manner as a summons in a civil action, or\\nby certified or registered mail addressed to the last known address of\\nthe licensee.\\n 3. The respondent in all such cases brought under this section shall,\\nat least five days before the return date of the petition containing the\\ncharges, file with the board a verified answer, in duplicate, to the\\nallegations set forth in said petition. The accused shall have the\\nopportunity at such hearing to appear either personally or by counsel,\\nto cross-examine witnesses against him and to produce evidence and\\nwitnesses in his defense.\\n 4. Upon the conclusion of the hearing, the hearing officer shall make\\na written report of his findings and conclusions to the board. The board\\nshall thereupon take such action upon said findings and conclusions as\\nit deems proper. If the accused is found not guilty by the board, it\\nshall order a dismissal of the charges and his exoneration. If the\\naccused is found guilty of the charges, or any of them, the board shall,\\nin its discretion, issue an order suspending, revoking or annulling the\\nlicense or registration of the accused, assessing a civil penalty and\\notherwise disciplining him.\\n 5. Where the license or registration of any person has been revoked or\\nannulled, as herein provided, the board may, after the expiration of two\\nyears, entertain an application for restoration of such license or\\nregistration.\\n 6. A licensed nursing home administrator whose license or registration\\nhas been suspended, revoked or annulled, or who is otherwise disciplined\\nunder this article, may commence a proceeding under article\\nseventy-eight of the civil practice law and rules in the supreme court,\\nAlbany county, for the purpose of reviewing such determination, but no\\nsuch determination shall be stayed or enjoined except after notice to\\nthe attorney general of the commencement of the proceeding.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2897-B", "title" : "Penalties", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2897-B", "activeDate" : "2014-09-22", "sequenceNo" : 1164, "repealedDate" : null, "fromSection" : "2897-B", "toSection" : "2897-B", "text" : " § 2897-b. Penalties. 1. It shall be a misdemeanor for a person to:\\n (a) sell or fraudulently obtain or furnish a nursing home\\nadministrator diploma, license, record, or certificate of registration,\\nor aid or abet in the same;\\n (b) practice nursing home administration under cover of a diploma,\\nlicense or registration illegally or fraudulently obtained or signed or\\nissued unlawfully, or under fraudulent representation or mistake of fact\\nin material regard;\\n (c) practice or hold himself out as entitled to practice nursing home\\nadministration without a valid license or after he shall have been\\nconvicted of a felony;\\n (d) practice fraud, subterfuge or deceit, misrepresent or conceal a\\nmaterial fact, use a false name or wilfully make a false statement in\\nsubmitting an application for licensure or registration.\\n (e) otherwise violate any of the provisions of this article.\\n 2. Such misdemeanor shall be punishable by imprisonment for not more\\nthan one year or by a fine of not more than five thousand dollars, or by\\nboth such fine and imprisonment for each separate violation.\\n 3. A violation of this article, when reported to the department and\\nduly substantiated by affidavits or other satisfactory evidence, shall\\nbe investigated and, if the report is found to be true and the complaint\\nsubstantiated, the board shall report such violation to the attorney\\ngeneral and request prompt prosecution.\\n 4. In the prosecution of any criminal action for violation of this\\narticle by the attorney general or his deputy, the attorney general or\\nhis deputy may exercise all the powers and perform all the duties with\\nrespect to such actions or proceedings which the district attorney would\\notherwise be authorized or required to exercise or perform, and in such\\naction or proceeding the district attorney shall only exercise such\\npowers and perform such duties as are required of him by the attorney\\ngeneral or the deputy attorney general so attending.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2897-C", "title" : "Disposition of fees, fines, penalties and other moneys", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2897-C", "activeDate" : "2014-09-22", "sequenceNo" : 1165, "repealedDate" : null, "fromSection" : "2897-C", "toSection" : "2897-C", "text" : " § 2897-c. Disposition of fees, fines, penalties and other moneys. All\\nfees, fines, penalties and other moneys derived from the operation of\\nthis article shall be paid to the department and shall be paid by the\\ndepartment to the state treasury, as provided in the state finance law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2897-D", "title" : "Injunctive relief", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2897-D", "activeDate" : "2014-09-22", "sequenceNo" : 1166, "repealedDate" : null, "fromSection" : "2897-D", "toSection" : "2897-D", "text" : " § 2897-d. Injunctive relief. The attorney general may apply to the\\nsupreme court within the judicial district in which a violation of this\\narticle is alleged to have occurred for an order enjoining or\\nrestraining commission or continuance of the acts complained of.\\nThereupon the court shall have jurisdiction of the proceeding and shall\\nhave power to grant such temporary relief or restraining order as it\\ndeems just and proper. In any such proceeding it shall be unnecessary to\\nallege or prove that an adequate remedy at law does not exist or that\\nirreparable damage would result if such order were not granted. The\\nremedy provided by this section shall be in addition to any other remedy\\nprovided by law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 5 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A28-DT4", "title" : "Construction", "docType" : "TITLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4", "activeDate" : "2014-09-22", "sequenceNo" : 1167, "repealedDate" : null, "fromSection" : "2898", "toSection" : "2898-A", "text" : " TITLE IV\\n CONSTRUCTION\\nSection 2898. Construction.\\n 2898-a. Separability.\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2898", "title" : "Construction", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2898", "activeDate" : "2014-09-22", "sequenceNo" : 1168, "repealedDate" : null, "fromSection" : "2898", "toSection" : "2898", "text" : " § 2898. Construction. Nothing in this article shall be construed to\\nlimit the activities, services, and use of official title on the part of\\nany person, provided that no title shall be used which includes the term\\nor words \"licensed nursing home administrator\" by any person not\\nqualified to do so under the provisions of this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2898-A", "title" : "Separability", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2898-A", "activeDate" : "2014-09-22", "sequenceNo" : 1169, "repealedDate" : null, "fromSection" : "2898-A", "toSection" : "2898-A", "text" : " § 2898-a. Separability. If any clause, sentence, paragraph,\\nsubdivision, section or part of this article shall be adjudged by any\\ncourt of competent jurisdiction to be invalid, the judgment shall not\\naffect, impair, or invalidate the remainder thereof, but shall be\\nconfined in its operation to the clause, sentence, paragraph,\\nsubdivision, section or part thereof directly involved in the\\ncontroversy in which the judgment shall have been rendered.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 2 }, "repealed" : false } ], "size" : 4 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A28-E", "title" : "Review of Criminal History Information Concerning Prospective Employees of Nursing Homes and Home Care Services Agencies", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "28-E", "activeDate" : "2014-09-22", "sequenceNo" : 1170, "repealedDate" : null, "fromSection" : "2899", "toSection" : "2899-A", "text" : " ARTICLE 28-E\\n REVIEW OF CRIMINAL HISTORY\\n INFORMATION CONCERNING PROSPECTIVE\\n EMPLOYEES OF NURSING\\n HOMES AND HOME CARE\\n SERVICES AGENCIES\\nSection 2899. Definitions.\\n 2899-a. Requests for criminal history information concerning\\n prospective employees.\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2899", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-02-06", "2016-12-02", "2016-12-09", "2018-04-20", "2020-04-24", "2020-07-03", "2023-05-12", "2023-06-23" ], "docLevelId" : "2899", "activeDate" : "2018-04-20", "sequenceNo" : 1171, "repealedDate" : null, "fromSection" : "2899", "toSection" : "2899", "text" : " § 2899. Definitions. As used in this article, the following words and\\nphrases shall have the following meanings:\\n 1. \"Criminal history information\" shall mean a record of pending\\ncriminal charges, criminal convictions which have not been vacated or\\nreversed, information from the federal bureau of investigation as a\\nresult of a national criminal history record check, and certificates\\nfiled pursuant to subdivision two of section seven hundred five of the\\ncorrection law and which the division of criminal justice services is\\nrequired to maintain pursuant to subdivision six of section eight\\nhundred thirty-seven of the executive law.\\n 2. \"Determination\" shall mean the decision made by the department\\nafter reviewing criminal history information to approve or disapprove a\\nprospective employee's eligibility for employment by a provider. All\\nsuch determinations shall be made in accordance with subdivision five of\\nsection eight hundred forty-five-b of the executive law.\\n 3. \"Employee\" shall mean any person to be employed or used by a\\nprovider, including those persons employed by a temporary employment\\nagency, to provide direct care or supervision to patients or residents.\\nPersons licensed pursuant to title eight of the education law or article\\ntwenty-eight-D of this chapter are excluded from the meaning of employee\\nunder this article. Such term shall not include volunteers.\\n 4. \"Permanent record\" shall mean a permanent, written record of a\\ndetermination and the criminal history information maintained by the\\ndepartment.\\n 5. \"Prospective employee\" shall mean any individual, not currently an\\nemployee, who files an application for employment as an employee with a\\nprovider and the provider has a reasonable expectation to hire such\\nindividual as an employee.\\n * 6. \"Provider\" shall mean: (a) any residential health care facility\\nlicensed under article twenty-eight of this chapter; or any certified\\nhome health agency, licensed home care services agency or long term home\\nhealth care program certified under article thirty-six of this chapter;\\nany hospice program certified pursuant to article forty of this chapter;\\nor any adult home, enriched housing program or residence for adults\\nlicensed under article seven of the social services law; or (b) a health\\nhome, or any subcontractor of such health home, who contracts with or is\\napproved or otherwise authorized by the department to provide health\\nhome services to all those enrolled pursuant to a diagnosis of a\\ndevelopmental disability as defined in subdivision twenty-two of section\\n1.03 of the mental hygiene law and enrollees who are under twenty-one\\nyears of age under section three hundred sixty-five-l of the social\\nservices law, or any entity that provides home and community based\\nservices to enrollees who are under twenty-one years of age under a\\ndemonstration program pursuant to section eleven hundred fifteen of the\\nfederal social security act.\\n * NB Effective until March 31, 2023\\n * 6. \"Provider\" shall mean any residential health care facility\\nlicensed under article twenty-eight of this chapter; or any certified\\nhome health agency, licensed home care services agency or long term home\\nhealth care program certified under article thirty-six of this chapter;\\nor any adult home, enriched housing program or residence for adults\\nlicensed under article seven of the social services law.\\n * NB Effective March 31, 2023\\n 7. \"Temporary employee\" shall mean any employee who has been\\ntemporarily approved for employment pending a determination by the\\ndepartment.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2899-A", "title" : "Requests for criminal history information concerning prospective employees", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-02-06", "2016-07-08", "2016-12-02", "2016-12-09", "2017-08-25", "2018-04-20", "2018-04-27", "2018-10-12", "2019-04-19", "2020-04-24", "2020-07-03", "2023-05-12", "2023-06-23" ], "docLevelId" : "2899-A", "activeDate" : "2019-04-19", "sequenceNo" : 1172, "repealedDate" : null, "fromSection" : "2899-A", "toSection" : "2899-A", "text" : " § 2899-a. Requests for criminal history information concerning\\nprospective employees. 1. A provider shall request that the department\\ncheck, and upon such request the department shall check its permanent\\nrecord according to this section for a determination on a prospective\\nemployee. If a permanent record does not exist for the prospective\\nemployee, the department shall be authorized to request and receive\\ncriminal history information concerning the prospective employee from\\nthe division of criminal justice services in accordance with the\\nprovisions of section eight hundred forty-five-b of the executive law.\\nAccess to and the use of such information shall be governed by the\\nprovisions of such section. The division of criminal justice services is\\nauthorized to submit fingerprints to the federal bureau of investigation\\nfor a national criminal history record check.\\n 2. To the extent permitted by law, a provider shall request from a\\nprospective employee a sworn statement disclosing any prior finding of\\npatient or resident abuse, or a criminal conviction in this state or any\\nother jurisdiction. Providers shall evaluate such statements in all\\nhiring decisions, including any temporary approvals allowed under\\nsubdivision eleven of section eight hundred forty-five-b of the\\nexecutive law and subdivision ten of this section.\\n 3. No person who has been fingerprinted pursuant to this article and\\nwhose fingerprints remain on file with the division of criminal justice\\nservices shall be required to undergo fingerprinting for purposes of a\\nnew state check required by this article.\\n 4. The commissioner shall promulgate all rules and regulations\\nnecessary to implement the provisions of this article, which shall\\ninclude convenient procedures for prospective employees to promptly\\nverify the accuracy of their criminal history information and, to the\\nextent authorized by law, to have access to relevant documents related\\nthereto.\\n 5. Nothing in this article shall be construed or interpreted to in any\\nway diminish the integrity of any collective bargaining agreement\\nnegotiated on or before April first, two thousand five between an\\nemployer and any certified or authorized collective bargaining agent for\\nemployees, or to diminish rights which accrue to such employees pursuant\\nto such agreements.\\n 6. The department may accept digital fingerprint images or any other\\nacceptable technological devices used to obtain and/or transmit\\nfingerprint images for the purposes of this article, as provided for in\\nthe rules and regulations created by the commissioner pursuant to\\nsubdivision four of this section. To the extent funds are available\\ntherefor, grants to assist and facilitate the purchase of technology\\nshall be made available to providers who demonstrate the need for\\nfinancial assistance as determined by the department.\\n 7. The department promptly shall make all determinations and actions\\nrequired by subdivision five of section eight hundred forty-five-b of\\nthe executive law upon receipt of the information from the division of\\ncriminal justice services and the federal bureau of investigation,\\nprovided that when rendering a determination to propose denial of\\nemployment eligibility, the department shall provide the individual who\\nis the subject of the criminal history information check with a copy of\\nsuch criminal history information and a copy of article twenty-three-A\\nof the correction law and inform such individual of his or her right to\\nseek correction of any incorrect information contained in such criminal\\nhistory information pursuant to the regulations and procedures\\nestablished by the division of criminal justice services. The department\\nshall create a permanent record, update the information in accordance\\nwith section eight hundred forty-five-b of the executive law and make\\nonly records or information received from the division of criminal\\njustice services available to providers pursuant to this section.\\n 8. The department shall allow all providers access to any\\ndetermination made upon a prospective employee at such time as such\\nprospective employee presents himself or herself to such provider for\\nemployment. In the event that the prospective employee has a permanent\\nrecord already on file with the department, this information promptly\\nshall be made available to the provider who intends to hire such\\nprospective employee.\\n 9. * (a) In the event that funds are appropriated in any given fiscal\\nyear for the reimbursement for the costs of providing such criminal\\nhistory information, reimbursement shall be made available in an\\nequitable and direct manner for the projected cost of the fee\\nestablished pursuant to law by the division of criminal justice services\\nfor processing a criminal history information check, the fee imposed by\\nthe federal bureau of investigation for a national criminal history\\ncheck, and costs associated with obtaining the fingerprints to all\\nproviders licensed, but not certified under article thirty-six of this\\nchapter, providers certified under article forty of this chapter, and\\nall adult care facilities licensed under article seven of the social\\nservices law, including those that are subject to this article and are\\nunable to access direct reimbursement from state and/or federal funded\\nhealth programs.\\n * NB Effective until March 31, 2023\\n * (a) In the event that funds are appropriated in any given fiscal\\nyear for the reimbursement for the costs of providing such criminal\\nhistory information, reimbursement shall be made available in an\\nequitable and direct manner for the projected cost of the fee\\nestablished pursuant to law by the division of criminal justice services\\nfor processing a criminal history information check, the fee imposed by\\nthe federal bureau of investigation for a national criminal history\\ncheck, and costs associated with obtaining the fingerprints to all\\nproviders licensed, but not certified under article thirty-six of this\\nchapter, and all adult care facilities licensed under article seven of\\nthe social services law, including those that are subject to this\\narticle and are unable to access direct reimbursement from state and/or\\nfederal funded health programs.\\n * NB Effective March 31, 2023\\n (b) Residential health care facilities licensed pursuant to article\\ntwenty-eight of this chapter and certified home health care agencies and\\nlong-term home health care programs certified or approved pursuant to\\narticle thirty-six of this chapter or a health home, or any\\nsubcontractor of such health home, who contracts with or is approved or\\notherwise authorized by the department to provide health home services\\nto all those enrolled pursuant to a diagnosis of a developmental\\ndisability as defined in subdivision twenty-two of section 1.03 of the\\nmental hygiene law and enrollees who are under twenty-one years of age\\nunder section three hundred sixty-five-l of the social services law, or\\nany entity that provides home and community based services to enrollees\\nwho are under twenty-one years of age under a demonstration program\\npursuant to section eleven hundred fifteen of the federal social\\nsecurity act, may, subject to the availability of federal financial\\nparticipation, claim as reimbursable costs under the medical assistance\\nprogram, costs reflecting the fee established pursuant to law by the\\ndivision of criminal justice services for processing a criminal history\\ninformation check, the fee imposed by the federal bureau of\\ninvestigation for a national criminal history check, and costs\\nassociated with obtaining the fingerprints, provided, however, that for\\nthe purposes of determining rates of payment pursuant to article\\ntwenty-eight of this chapter for residential health care facilities,\\nsuch reimbursable fees and costs shall be reflected as timely as\\npracticable in such rates within the applicable rate period.\\n 10. Notwithstanding subdivision eleven of section eight hundred\\nforty-five-b of the executive law, a certified home health agency,\\nlicensed home care services agency or long term home health care program\\ncertified, licensed or approved under article thirty-six of this chapter\\nor a home care services agency exempt from certification or licensure\\nunder article thirty-six of this chapter, a hospice program under\\narticle forty of this chapter, or an adult home, enriched housing\\nprogram or residence for adults licensed under article seven of the\\nsocial services law, or a health home, or any subcontractor of such\\nhealth home, who contracts with or is approved or otherwise authorized\\nby the department to provide health home services to all enrollees\\nenrolled pursuant to a diagnosis of a developmental disability as\\ndefined in subdivision twenty-two of section 1.03 of the mental hygiene\\nlaw and enrollees who are under twenty-one years of age under section\\nthree hundred sixty-five-l of the social services law, or any entity\\nthat provides home and community based services to enrollees who are\\nunder twenty-one years of age under a demonstration program pursuant to\\nsection eleven hundred fifteen of the federal social security act may\\ntemporarily approve a prospective employee while the results of the\\ncriminal history information check and the determination are pending,\\nupon the condition that the provider conducts appropriate direct\\nobservation and evaluation of the temporary employee, while he or she is\\ntemporarily employed, and the care recipient; provided, however, that\\nfor a health home, or any subcontractor of a health home, who contracts\\nwith or is approved or otherwise authorized by the department to provide\\nhealth home services to all enrollees enrolled pursuant to a diagnosis\\nof developmental disability as defined in subdivision twenty-two of\\nsection 1.03 of the mental hygiene law and enrollees who are under\\ntwenty-one years of age under section three hundred sixty-five-l of the\\nsocial services law, or any entity that provides home and community\\nbased services to enrollees who are under twenty-one years of age under\\na demonstration program pursuant to section eleven hundred fifteen of\\nthe federal social security act, direct observation and evaluation of\\ntemporary employees shall not be required until July first, two thousand\\nnineteen. The results of such observations shall be documented in the\\ntemporary employee's personnel file and shall be maintained. For\\npurposes of providing such appropriate direct observation and\\nevaluation, the provider shall utilize an individual employed by such\\nprovider with a minimum of one year's experience working in an agency\\ncertified, licensed or approved under article thirty-six of this chapter\\nor an adult home, enriched housing program or residence for adults\\nlicensed under article seven of the social services law, a health home,\\nor any subcontractor of such health home, who contracts with or is\\napproved or otherwise authorized by the department to provide health\\nhome services to those enrolled pursuant to a diagnosis of a\\ndevelopmental disability as defined in subdivision twenty-two of section\\n1.03 of the mental hygiene law and enrollees who are under twenty-one\\nyears of age under section three hundred sixty-five-l of the social\\nservices law, or any entity that provides home and community based\\nservices to enrollees who are under twenty-one years of age under a\\ndemonstration program pursuant to section eleven hundred fifteen of the\\nfederal social security act. If the temporary employee is working under\\ncontract with another provider certified, licensed or approved under\\narticle thirty-six of this chapter, such contract provider's appropriate\\ndirect observation and evaluation of the temporary employee, shall be\\nconsidered sufficient for the purposes of complying with this\\nsubdivision.\\n 11. No provider shall seek, directly or indirectly, to obtain from a\\nprospective employee, temporary employee or employee compensation in any\\nform for the payment of the fee or any facility costs associated with\\nobtaining the criminal history information check required by this\\narticle.\\n 12. This article shall be deemed to supersede and apply in lieu of any\\nlocal laws or laws of any political subdivision of the state or any\\nregulations of the department requiring a criminal history record check\\nto the extent provided for in this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 2 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A29", "title" : "Hospital Survey, Planning and Review", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "29", "activeDate" : "2014-09-22", "sequenceNo" : 1173, "repealedDate" : null, "fromSection" : "2901", "toSection" : "2907", "text" : " ARTICLE 29\\n HOSPITAL SURVEY, PLANNING AND REVIEW\\nSection 2901. General powers and duties.\\n 2902. Receipt and disbursement of funds.\\n 2903. Designation as agency to administer federal hospital\\n program in New York.\\n 2904. State hospital review and planning council.\\n 2904-a. Contracts between the commissioner of health and\\n health systems agencies.\\n 2904-b. Health systems agencies.\\n 2904-c. Regional nominating committees.\\n 2905. Cooperation of other departments and agencies.\\n 2906. Hospitals included.\\n 2907. Review of hospital operations.\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2901", "title" : "General powers and duties", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2901", "activeDate" : "2014-09-22", "sequenceNo" : 1174, "repealedDate" : null, "fromSection" : "2901", "toSection" : "2901", "text" : " § 2901. General powers and duties. The department of health is\\ngenerally authorized and empowered (a) to inventory existing hospitals\\nof every character in the state, to survey the need for construction of\\nhospitals and to develop programs for construction of such public or\\nother nonprofit hospitals as will afford, in conjunction with existing\\nfacilities, the necessary physical facilities for furnishing adequate\\nhospital services to all the people; and (b) to carry out the plan for\\nconstruction of public and nonprofit hospitals and related facilities in\\naccordance with such program.\\n The department of health shall also (a) keep records of all its\\nactivities; (b) prepare and maintain current progress information on\\ndevelopment programs, hospital construction and current hospital\\nfacilities; (c) maintain liaison with federal officials and agencies\\nconcerning hospitals and hospital planning; (d) have all other powers\\nnecessary to carry out any state plan adopted in conformity with the\\nprovisions of federal law relating thereto and, to effectuate the\\nprovisions of this section, take all necessary steps to conform to the\\nrequirements of the federal law concerning inventory, survey, planning\\nand construction of hospitals; (e) establish rules and regulations\\nrelating to the administration of the provisions of this section.\\n The department of health shall also establish rules and regulations\\nwith regard to hearings which it must allow to every construction\\napplicant who may be dissatisfied with action on its application.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2902", "title" : "Receipt and disbursement of funds", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2902", "activeDate" : "2014-09-22", "sequenceNo" : 1175, "repealedDate" : null, "fromSection" : "2902", "toSection" : "2902", "text" : " § 2902. Receipt and disbursement of funds. The department of taxation\\nand finance is authorized to accept and receive from the federal\\ngovernment any moneys which the federal government shall offer to the\\nstate to assist it to inventory its hospitals, to survey the need of\\nconstruction of hospitals, to develop a program for construction of\\npublic and nonprofit hospitals and to carry out the plan for\\nconstruction of such hospitals in accordance with such program, and\\ngenerally for all the purposes for which any such moneys shall be\\noffered under or pursuant to any federal law heretofore or hereafter\\nenacted authorizing grants to the state for such purposes or similar\\npurposes, including payments to political subdivisions or any public or\\nother nonprofit agencies of the state.\\n Any and all such grants and moneys awarded for assistance to this\\nstate under or pursuant to any federal law shall be accepted and\\nreceived by the department of taxation and finance as custodian thereof\\nand such moneys, so received, shall be deposited by such department of\\ntaxation and finance in a special fund or funds and shall be used\\nexclusively for the purposes of any such federal law. Such moneys shall\\nbe paid from such fund or funds on the audit and warrant of the\\ncomptroller upon vouchers certified or approved by the commissioner.\\n Any moneys appropriated or otherwise available to the department of\\nhealth may be disbursed by it to any political subdivision or voluntary\\nnonprofit agency or, on the advice of the state hospital review and\\nplanning council, to any health systems agency, pursuant to contract for\\nservices rendered to effectuate the purposes of this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2903", "title" : "Designation as agency to administer federal hospital program in New York", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2903", "activeDate" : "2014-09-22", "sequenceNo" : 1176, "repealedDate" : null, "fromSection" : "2903", "toSection" : "2903", "text" : " § 2903. Designation as agency to administer federal hospital program\\nin New York. The department of health is hereby designated, and\\nempowered to act, as the sole agency of the state, to carry out the\\npurposes of any such federal law or laws heretofore or hereafter\\nenacted. Such department is authorized to submit an inventory and survey\\nin accordance with federal law, containing all information required by\\nthe surgeon general and a state plan providing for constructoin of\\nadequate hospital facilities for the people residing within the state,\\nregardless of their ability to pay therefor, without discrimination on\\naccount of race, creed or color, as may be required by such federal law\\nor laws relating thereto, and to administer or supervise the\\nadministration of any plan or plans or otherwise act thereunder.\\n Application for funds, authorized to be received and accepted by the\\ndepartment of taxation and finance under section twenty-nine hundred two\\nof this article, shall be made by the department of health to the\\nsurgeon general of the United States public health service or other\\nappropriate agency.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2904", "title" : "State hospital review and planning council", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2904", "activeDate" : "2014-09-22", "sequenceNo" : 1177, "repealedDate" : null, "fromSection" : "2904", "toSection" : "2904", "text" : " § 2904. State hospital review and planning council. (c) The governor\\nshall approve each health systems agency with a defined geographical\\nboundary, which shall consist of areas entirely within New York state\\nexcept in those areas where a bi-state planning agreement exists. Such\\nan agreement, subject to regulations promulgated by the commissioner of\\nhealth, shall include but need not be limited to the following\\nprovisions: standards for equitable representation of board membership\\nfrom each state; boundaries that are consistent with medical trade\\npatterns; provisions for financial support from each state; and\\ncomparable policies and procedures to be implemented by the bi-state\\nhealth systems agency in evaluating the availability and need for\\nhospital or other health care facilities or services and governing the\\ncollection of data and statistics for health planning. Any such bi-state\\nagreement shall be signed by the governor of each state or their\\ndesignee or the state's commissioner or secretary of health or their\\ndesignee. The governor shall also adopt standards for the approval of\\nall health systems agencies. The standards shall also include the\\napplicable requirements of any other state or federal law. The charter\\nor by-laws of every health systems agency must meet such standards.\\nFailure to meet the standards or failure thereafter to maintain such\\nstandards shall result in the automatic withdrawal of the approval given\\nto the health systems agency.\\n (d) To the maximum extent feasible, the boundaries of the health\\nservice areas established by the governor shall be appropriately\\ncoordinated with the boundaries of professional standards review\\norganizations, existing regional planning areas, and state planning and\\nadministrative areas.\\n (g) Any health systems agency, with respect to any of the matters with\\nwhich it may deal may hold such public hearings as it may deem\\nappropriate and may require the submission of such information and\\ndocuments as it may deem appropriate.\\n (h) The members of any health systems agency shall receive no\\ncompensation for their services but shall be reimbursed for expenses\\nactually and necessarily incurred in the performance of their duties.\\n (i) No civil action shall be brought in any court against any member,\\nofficer or employee of the state council or of any health systems agency\\nfor any act done, failure to act, or statement or opinion made, while\\ndischarging his duties as a member, officer or employee of the state\\ncouncil or agency, without leave from a justice of the supreme court,\\nfirst had and obtained. In any event such member, officer or employee\\nshall not be liable for damages in any such action if he shall have\\nacted in good faith, with reasonable care and upon probable cause.\\n * (j) The council may employ either directly or by contractual\\narrangement such personnel necessary for the performance of its\\nfunctions and to assist it in rendering independent judgment.\\n * NB Expired January 1, 1986\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2904-A", "title" : "Contracts between the commissioner of health and health systems agencies", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2904-A", "activeDate" : "2014-09-22", "sequenceNo" : 1178, "repealedDate" : null, "fromSection" : "2904-A", "toSection" : "2904-A", "text" : " * § 2904-a. Contracts between the commissioner of health and health\\nsystems agencies. 1. The commissioner of health is authorized to\\ncontract with a health systems agency to the extent of any appropriation\\ntherefor for such health systems agency to provide assistance to the\\nstate in implementing state health planning and development functions\\nand priorities.\\n 2. Any such contracts shall be for a period of no more than one year\\nand shall include a provision providing for termination of the contract\\non notice by either party.\\n 3. No health systems agency shall receive more than the sum of fifty\\nthousand dollars annually, or so much thereof as is necessary, to\\neffectuate the purposes of this section.\\n 4. The commissioner of health shall submit a written report to the\\nlegislature no later than the first day of March, nineteen hundred\\neighty-two as to the number of such contracts entered into, the support\\nto the state provided by the health systems agencies under such\\ncontracts and an assessment of the program.\\n * NB Expired September 30, 1982\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2904-B", "title" : "Health systems agencies", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2904-B", "activeDate" : "2014-09-22", "sequenceNo" : 1179, "repealedDate" : null, "fromSection" : "2904-B", "toSection" : "2904-B", "text" : " § 2904-b. Health systems agencies. 1. For the purposes of this\\nsection, \"health systems agency\" shall mean a corporation organized\\npursuant to the not-for-profit corporation law which is approved by the\\ngovernor pursuant to subdivision (c) of section twenty-nine hundred four\\nof this article, incorporated within the state, which is not a\\nsubsidiary of, or otherwise controlled by, any other private or public\\ncorporation or other legal entity, and which only engages in health\\nplanning and development activities and functions.\\n 2. The powers of a health systems agency shall include those necessary\\nto perform the duties and functions provided for in this section.\\n 3. An employee who participates in the management of a health benefit\\nplan may serve as a member of the board of directors of a health systems\\nagency representing employers or unions. No member may participate or\\nvote in agency proceedings involving an individual provider, purchaser,\\nor patient, or a specific activity or transaction, if the member has a\\nfinancial interest in the outcome of the board's proceedings other than\\nas an individual consumer of health care services.\\n 4. Each such health systems agency shall consist of a fixed number of\\nmembers as determined by the health systems agency upon recommendation\\nof the regional nominating committee established pursuant to section\\ntwenty-nine hundred four-c of this article to be necessary to\\nappropriately represent the diverse needs and concerns of the region.\\nThe regional nominating committee shall approve a board of directors of\\nsuch health systems agency in accordance with section two thousand nine\\nhundred four-c of this article that is broadly representative of the\\nregion served by the agency and that meets the following requirements:\\n (a) A majority of the members, but not more than sixty percent of the\\nmembers, shall be residents of the health service region served by the\\nagency who are consumers of health care and major purchasers of health\\ncare, including labor organizations and business corporations, in the\\nregion. A consumer shall mean a person who is not a provider of health\\ncare as defined in accordance with paragraph (c) of this subdivision.\\n (b) The remainder of the members shall be residents of or have their\\nprincipal place of business in the health service region served by the\\nagency who are providers of health care and who, to the extent\\npracticable, are representative of the variety of disciplines and\\ninterests of the health care system including (i) physicians, dentists,\\nnurse practitioners, nurses, optometrists, podiatrists, physician's\\nassistants, and other health professionals; (ii) health facilities\\nincluding hospitals; (iii) health care insurers; (iv) health maintenance\\norganizations; (v) health professional schools; (vi) the allied health\\nprofessions; and (vii) other providers of health care. Not less than\\none-half of the providers of health care of the governing body of a\\nhealth systems agency shall be direct providers of health care and of\\nsuch direct providers of health care, at least one shall be a person\\nengaged in the administration of a health facility.\\n (c) A \"provider of health care\" means an individual (i) who is a\\ndirect provider of health care or who is a representative of different\\ndisciplines, professions or sectors of health care providers and whose\\nprimary current activity is the provision of health care to individuals\\nor the administration (including trustees or members of boards of\\ndirectors) of health facilities in which such care is provided; or (ii)\\nwho holds a fiduciary position with, or has a fiduciary interest in, any\\nentity which has as its primary purpose the delivery of health care, the\\nconduct of research into or instruction for health professionals in the\\nprovision of health care, or the production of or supply of drugs or\\nother articles for individuals or entities for use in the provision of\\nor in research into or instruction in the provisions of health care; or\\n(iii) who is a professional in the provision of health care, or the\\nproduction of or supply of drugs or other articles for individuals or\\nentities for use in the provision of or in research into or instruction\\nin the provision of health care; or (iv) who is a professional employee\\nof a health professions school; or (v) who is a spouse of an individual\\ndescribed in subparagraph (i), (ii), (iii) or (iv) of this paragraph.\\n (d) Any individual may nominate another individual for consideration\\nby the health systems agency for appointment to the board of directors\\nof the respective agency. Such nominee shall reside or have their\\nprincipal place of business within the respective health service region.\\nIn considering an individual for appointment to such agency, the agency\\nshall, to the extent practicable, submit to the regional nominating\\ncommittee prospective members which are representative of local\\ngovernment, local health care providers, payors, consumers of health\\ncare, members of labor organizations and business corporations.\\n 5. (a) Members of the agency appointed on or after January first,\\nnineteen hundred ninety-four shall have fixed terms of five years. No\\npersons appointed on or after January first, nineteen hundred\\nninety-four shall be a member of an agency for more than ten years in\\nany period of fifteen consecutive years including periods prior to\\nJanuary first, nineteen hundred ninety-four. A person appointed to fill\\na membership vacancy on an agency shall be representative of that\\nmembership category. The commissioner, in consultation with the health\\nsystems agencies, shall devise an equitable method of converting to\\nthese membership term requirements so that all such agencies shall be in\\ncompliance by December thirty-first, nineteen hundred ninety-six.\\n (b) A board member shall hold over and continue to discharge the\\nduties of his position after the expiration of the term for which such\\nboard member shall have been appointed until a successor shall be chosen\\nand qualified; but after the expiration of such term, the position shall\\nbe deemed vacant for the purpose of choosing a successor. An\\nappointment for a term shortened by reason of a predecessor holding over\\nshall be for the residue of the term only.\\n 6. A health systems agency may establish standing committees,\\nsubcommittees, and advisory committees as deemed necessary. To the\\nextent practicable, all standing committees, subcommittees, and advisory\\ngroups appointed by the health systems agency shall be appointed in such\\nmanner as to provide broad representation in such a manner that a\\nmajority of the members shall be consumers of health care.\\n 7. Each health systems agency shall:\\n (a) recommend to the appropriate authority approval or disapproval of\\napplications for the establishment or construction of a hospital, the\\ncertification of home health agencies, and the authorization to provide\\na long-term home health care program; provided, however, that any such\\nstudies or activities conducted by the agency preparatory to such\\napproval or disapproval shall not include any such study or activity\\nregarding financial feasibility, character or competence, or\\narchitectural and technical analysis;\\n (b) assist appropriate state agencies in the development of standards\\nand guidelines to determine public need for hospital and other health\\nservices;\\n (c) serve as a community resource to actively promote increased public\\nknowledge and responsibility regarding the availability and appropriate\\nutilization of health care services;\\n (d) develop regional health plans and carry out facility and health\\nservices planning;\\n (e) identify in consultation with local providers, employers, payors,\\nand consumers priorities for improving health care delivery in the\\nregion;\\n (f) promote cooperative ventures, networking, and other voluntary\\ncooperative efforts to improve quality, efficiency, affordability, and\\naccess to health care services in the region, including the provision of\\ntechnical assistance to rural networks;\\n (g) perform special studies to identify health care needs and service\\nrequirements in the region;\\n (h) review and comment on community service plans;\\n (i) conduct community education for consumers, providers, payors and\\nfor the general public in the region;\\n (j) collect and maintain regional and other health care data to be\\nmade available to the public, researchers, providers and others for\\nhealth care education and development in the region;\\n (k) assist in the development and implementation of regional and local\\nhealth delivery system initiatives including global budgets, rural\\nnetworks and health networks;\\n (l) make recommendations for improving health care status and identify\\ngaps and needed health care services in the region;\\n (m) undertake other activities to promote the delivery of health care\\nservices in the region with the goal of improving affordability,\\nquality, efficiency, and access to health care services;\\n (n) when requested by the commissioner or otherwise required by law or\\nregulation, provide recommendations to the commissioner regarding the\\nawarding of grants for health services in the region;\\n (o) coordinate its activities with other appropriate general or\\nspecial purpose regional health and human services planning or\\nadministrative agencies including area agencies on aging, local and\\nregional alcohol abuse, drug abuse and mental health planning agencies,\\nsocial services agencies, county public health departments, and local\\nhealth officers. The health systems agency shall, as appropriate, obtain\\ndata from other agencies for use in planning and development activities,\\nenter into agreements with other such agencies, and to the extent\\npracticable, provide technical assistance to such other agencies;\\n (p) submit a semi-annual report to the senate and assembly health\\ncommittees detailing the activities of each agency during that reporting\\nperiod;\\n (q) annually submit a copy of its operating budget to the chairman of\\nthe senate finance committee and the chairman of the assembly ways and\\nmeans committee and the director of the division of the budget. Such\\noperating budget shall contain information detailing contributions\\nreceived and the types and sources of contributions eligible for\\nmatching grants;\\n (r) not permit local contributions from organizations or individuals,\\nincluding but not limited to, a health care provider subject to the\\nprovisions of article twenty-eight, thirty-six or forty-four of this\\nchapter, who are subject to review by the health systems agencies\\nprovided, however, that this prohibition shall not apply to local\\ngovernments or to associations representing health care providers as\\ndescribed herein;\\n (s) through its board of directors adopt rules governing the agency's\\nability to sell resources and engage in fee for service activities or\\nother contractual arrangements. No health systems agency shall engage\\nin any fee for service activity with a provider or potential provider of\\nhealth care services except local government without prior approval of\\nthe state hospital review and planning council. Such approval shall be\\nissued or denied in a timely manner;\\n (t) perform any other duties and functions of the health systems\\nagency required by law; and\\n (u) meet as often as necessary to carry out their functions pursuant\\nto this section.\\n 8. Each health systems agency may hire an executive director. The\\nexecutive director may hire employees and consultants as authorized by\\nthe agency and may prescribe their duties.\\n 9. The commissioner upon request of the health systems agencies may\\nprovide technical assistance to the agency for the duties and activities\\nprescribed herein.\\n 10. The governor shall withdraw approval given to health systems\\nagencies for failure to comply with such requirements or failure\\nthereafter to comply with such requirements.\\n 11. The commissioner may promulgate such rules and regulations\\nincluding performance criteria as necessary to carry out the purposes of\\nthis article.\\n 12. The commissioner shall promulgate rules and regulations regarding\\nconflicts of interest and records of the health systems agencies.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2904-C", "title" : "Regional nominating committees", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2904-C", "activeDate" : "2014-09-22", "sequenceNo" : 1180, "repealedDate" : null, "fromSection" : "2904-C", "toSection" : "2904-C", "text" : " * § 2904-c. Regional nominating committees. 1. There are hereby\\ncreated eight regional nominating committees. The eight regional\\nnominating committees shall operate within defined geographic boundaries\\nconsistent with the eight health systems agencies established pursuant\\nto section two thousand nine hundred four-b of this article.\\n 2. Each nominating committee shall consist of eleven members who shall\\nbe residents of each respective region and who have demonstrated an\\ninterest in regional health affairs. The members shall be appointed as\\nfollows: five shall be appointed by the governor; two by the temporary\\npresident of the senate; two by the speaker of the assembly; one by the\\nminority leader of the senate; and one by the minority leader of the\\nassembly. Two of the members initially appointed by the governor, shall\\neach serve an initial term ending December thirty-first, nineteen\\nhundred ninety-eight. One of the members initially appointed by the\\ntemporary president of the senate and one of the members initially\\nappointed by the speaker of the assembly shall each serve for an initial\\nterm ending December thirty-first, nineteen hundred ninety-eight. The\\nseven remaining members, shall each serve an initial term ending\\nDecember thirty-first, nineteen hundred ninety-nine.\\n 3. The members shall designate one of their number to serve as chair\\nfor a period of two years or until his term of office expires, whichever\\nperiod is shorter. A vacancy occurring for any reasons other than by\\nexpiration of term shall be filled by the appointing officer for the\\nremainder of the unexpired term. Six members of a committee shall\\nconstitute a quorum.\\n 4. A regional nominating committee shall approve members of the board\\nof directors to the health systems agency as submitted by such health\\nsystems agency pursuant to section twenty-nine hundred four-b of this\\narticle as members' terms expire or vacancies occur on or after January\\nfirst, nineteen hundred ninety-four. Approval for membership on the\\nboard of directors of such agency shall require the concurrence of six\\nmembers of a committee. Nominations submitted by the health systems\\nagencies to such nominating committee and subsequent approvals of such\\nnominations to the health systems agencies shall be released to the\\npublic by the committee at the time of such submission or approval. A\\nregional nominating committee shall take no longer than forty-five days\\nto approve or disapprove agency board of director nominations. Such\\napproval shall be in writing, and shall include the findings of the\\ncommittee relating to the experience and aptitude for the agency\\nposition of each candidate. The committee shall notify the governor, the\\ntemporary president of the senate, and the speaker of the assembly and\\nthe commissioner concerning all approvals to the agencies including the\\naptitude and experience of the agency members.\\n 5. Health systems agencies shall provide administrative support to the\\nrespective regional nominating committee.\\n 6. The committee shall undertake such other activities as are\\nnecessary to carry out their functions pursuant to this article.\\n * NB Expired June 30, 1996\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2905", "title" : "Cooperation of other departments and agencies", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2905", "activeDate" : "2014-09-22", "sequenceNo" : 1181, "repealedDate" : null, "fromSection" : "2905", "toSection" : "2905", "text" : " § 2905. Cooperation of other departments and agencies. The department\\nof health may request and shall receive from any department, division,\\nboard, bureau, commission or agency of the state or of any political\\nsubdivision thereof, such assistance and data as will enable it to\\nproperly carry out its activities and effectuate the purposes hereunder.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2906", "title" : "Hospitals included", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2906", "activeDate" : "2014-09-22", "sequenceNo" : 1182, "repealedDate" : null, "fromSection" : "2906", "toSection" : "2906", "text" : " § 2906. Hospitals included. As used in this article, the term\\n\"hospital\" shall include public health centers, diagnostic or treatment\\ncenters, rehabilitation facilities, nursing homes and chronic disease\\nhospitals as defined in section six hundred thirty-one (i) of the\\nfederal public health service act, as amended, tuberculosis, mental,\\nchronic disease, and other types of hospitals, including laboratories,\\nout-patient departments, nurses' homes and training facilities, and\\ncentral service facilities operated in connection with hospitals, but\\ndoes not include any hospital furnishing primarily domiciliary care.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2907", "title" : "Review of hospital operations", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2907", "activeDate" : "2014-09-22", "sequenceNo" : 1183, "repealedDate" : null, "fromSection" : "2907", "toSection" : "2907", "text" : " § 2907. Review of hospital operations. The department shall continue\\nto exercise all of the functions, powers and duties prescribed by this\\nchapter in connection with hospital operations within the state with the\\nobjective of promoting the highest quality of hospital care for the\\ncitizens of the state.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 10 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A29-A", "title" : "Access to Community Health Care Services In Rural Areas", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22", "2015-05-08", "2017-08-04" ], "docLevelId" : "29-A", "activeDate" : "2017-08-04", "sequenceNo" : 1184, "repealedDate" : null, "fromSection" : "2950", "toSection" : "2958-A", "text" : " ARTICLE 29-A\\n ACCESS TO COMMUNITY HEALTH CARE SERVICES IN RURAL AREAS\\n TITLE I\\n RURAL HEALTH CARE ACCESS\\nSection 2950. Legislative findings.\\n 2951. Definitions.\\n 2952. Rural health network development grant program.\\n 2954. Limitation on liability of network participants.\\n 2955. Restraint of trade by networks and network participants.\\n 2956. Designation of upgraded diagnostic and treatment centers.\\n 2957. Designation of primary care hospitals.\\n 2958. Rural health care access development program.\\n TITLE 1-A\\n RURAL DENTISTRY PILOT PROGRAM\\nSection 2958-a. Rural dentistry pilot program.\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A29-AT1", "title" : "Rural Health Care Access", "docType" : "TITLE", "publishedDates" : [ "2014-09-22", "2017-08-04" ], "docLevelId" : "1", "activeDate" : "2017-08-04", "sequenceNo" : 1185, "repealedDate" : null, "fromSection" : "2950", "toSection" : "2958", "text" : " TITLE I\\n RURAL HEALTH CARE ACCESS\\nSection 2950. Legislative findings.\\n 2951. Definitions.\\n 2952. Rural health network development grant program.\\n 2954. Limitation on liability of network participants.\\n 2955. Restraint of trade by networks and network participants.\\n 2956. Designation of upgraded diagnostic and treatment centers.\\n 2957. Designation of primary care hospitals.\\n 2958. Rural health care access development program.\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2950", "title" : "Legislative findings", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2950", "activeDate" : "2014-09-22", "sequenceNo" : 1186, "repealedDate" : null, "fromSection" : "2950", "toSection" : "2950", "text" : " § 2950. Legislative findings. The legislature finds and determines as\\nfollows:\\n 1. The health care delivery system is undergoing a major\\ntransformation in response to changing demographics and consumer needs,\\nchanges in reimbursement policies, the emergence of alternate service\\nproviders, and public pressure to control health care costs.\\n 2. Such changes have a particularly severe impact on rural health care\\ndelivery, which consists of small, frequently isolated providers who\\nhave limited financial resources and health support networks. Many such\\nproviders are experiencing financial stress or certain barriers to\\nchange which could seriously reduce access to quality health care\\nservices by individuals in rural environs.\\n 3. This development calls for greater sharing of information and\\nresources among rural health care providers. The promotion of proper\\nplanning and cooperative efforts among such providers would improve\\nindividual access to health care in rural areas and enhance\\ncost-effectiveness in the delivery of such services as tertiary, acute,\\nprimary, home health and skilled nursing care; and illness prevention.\\n 4. It is, therefore, the intent of the legislature to encourage\\ncontinued access to high quality health care in rural areas as well as\\nthe development of rural health network agreements among providers of\\nhealth care servicing rural areas which result in the merger or\\nintegration and coordination of health care services pursuant to such\\nnetwork agreements; and to provide the necessary funding for such\\nnetworks.\\n 5. It is further the intent of the legislature that as needed,\\nregulatory waivers may be granted to participating providers as required\\nto successfully implement networks within the limits of prudent\\nprovision for the health, safety, and general welfare of the people\\nreceiving health care. In addition, the commissioner shall actively\\nprovide for technical assistance in order to support the creation and\\noperation of rural health networks.\\n 6. It is further the intent of the legislature that, in order to\\npromote access to health care services, to increase the required linkage\\nof health care service providers, and promote the quality and continuity\\nof care provided to residents in rural areas, it shall be the policy of\\nthis state to encourage cooperative, collaborative and integrative\\narrangements between rural networks and health care providers who might\\notherwise be competitors, under the active supervision of the\\ncommissioner. To the extent such arrangements might be anti-competitive\\nwithin the meaning and intent of the federal antitrust laws, it is\\nfurther the intent of the legislature to supplant competition with such\\narrangements to the extent necessary to accomplish the purposes of this\\narticle, and provide state action immunity under the federal antitrust\\nlaws with respect to the planning, implementation and operation of rural\\nhealth networks and central services facility rural health networks and\\nhealth care providers participating in or members of such networks.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2951", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2951", "activeDate" : "2014-09-22", "sequenceNo" : 1187, "repealedDate" : null, "fromSection" : "2951", "toSection" : "2951", "text" : " § 2951. Definitions. For the purposes of this article:\\n 1. \"Rural area\" shall mean any county with less than two hundred\\nthousand population or any town which has a population of less than two\\nhundred persons per square mile or, if approved by the commissioner, any\\ntown which has a population of less than two hundred fifty persons per\\nsquare mile.\\n 2. \"Rural health network\" shall mean an affiliation of health care\\nproviders serving a rural area, pursuant to a contract, joint or\\ncooperative agreement, or organized pursuant to the not-for-profit\\ncorporation law and approved pursuant to subdivision fourteen of section\\ntwenty-eight hundred one-a of this chapter, which provides or arranges\\nfor the provision of health care services pursuant to a network plan to\\nresidents of a rural area or the provision of administrative or\\nmanagement services among such health care providers. Such health care\\nservices may include, but need not be limited to: acute and tertiary\\ncare; medical/surgical care; pre-hospital emergency services; swing bed\\ncare; mental health and substance abuse services; physical medicine and\\nrehabilitation; primary and preventive care; home health and skilled\\nnursing care; laboratory, radiological or other diagnostic services;\\nhospice; respite care; illness prevention; or any other outpatient or\\nrelated services responding to community need or for the purpose of\\nimproving community health status. Such administrative and management\\nservices may include, but need not be limited to: emergency medical\\nservices or other professional training; credentialing, payroll,\\npurchasing and billing services; recruitment of qualified professionals;\\ninformation management services; medical transportation; quality\\nassurance; risk management; peer review; electronic data sharing; and\\nmanaged care systems; performance of studies; planning; and solicitation\\nand acceptance of grants, and receipt of reimbursement for planning and\\ncoordination of services and coordination of experimental and other\\npayment methods, such as global budget, pooling arrangements, or\\ncapitation payments for inpatient hospital services and ambulatory care\\nservices provided by the component entities of the network.\\n 3. \"Network plan\" shall mean a written plan prepared by a rural health\\nnetwork or rural providers planning to form a rural health network, with\\nthe involvement of consumers, submitted initially and updated\\nperiodically as needed, to the commissioner for approval to receive\\ngrant funds pursuant to section twenty-nine hundred fifty-two of this\\narticle.\\n 4. \"Upgraded diagnostic and treatment center\" shall mean a diagnostic\\nand treatment center established pursuant to article twenty-eight of\\nthis chapter which has received such designation pursuant to section\\ntwenty-nine hundred fifty-six of this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2952", "title" : "Rural health network development grant program", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2018-06-01" ], "docLevelId" : "2952", "activeDate" : "2018-06-01", "sequenceNo" : 1188, "repealedDate" : null, "fromSection" : "2952", "toSection" : "2952", "text" : " § 2952. Rural health network development grant program. To the extent\\nof funds available therefor, the sum of seven million dollars shall\\nannually be available for periods prior to January first, two thousand\\nthree, and up to six million five hundred thirty thousand dollars\\nannually for the period January first, two thousand three through\\nDecember thirty-first, two thousand four, up to seven million sixty-two\\nthousand dollars for the period January first, two thousand five through\\nDecember thirty-first, two thousand six annually, up to seven million\\nsixty-two thousand dollars annually for the period January first, two\\nthousand seven through December thirty-first, two thousand ten, up to\\none million seven hundred sixty-six thousand dollars for the period\\nJanuary first, two thousand eleven through March thirty-first, two\\nthousand eleven, and within amounts appropriated for each state fiscal\\nyear on and after April first, two thousand eleven, shall be available\\nto the commissioner from funds made available pursuant to section\\ntwenty-eight hundred seven-l of this chapter for grants pursuant to this\\nsection. 1. The commissioner shall establish a rural health network\\ndevelopment grant program for the purpose of assisting community based\\nhealth care providers, consumers and organizations in rural areas to\\npromote more effective health care delivery through the coordination,\\ndevelopment, planning, implementation and operation of rural health\\nnetworks pursuant to this title. Such grants shall support activities\\nand organizational costs including, but not limited to, the recruitment\\nof qualified health care professionals, the performance of feasibility\\nstudies, the development of affiliation agreements among rural health\\nproviders, the development of managed care capacities, the expansion and\\nintegration of public and preventive health services into community\\nbased primary care systems, the integration and expansion of prehospital\\nemergency medical services and related consulting and legal fees.\\n 2. To be eligible to receive grant funding pursuant to this section,\\nthe applicant shall submit a network plan to the commissioner for\\napproval; the network plan shall identify network participants and\\nindicate how the members or participants of the rural health network\\nintend to respond to the health care needs of the rural area, improve\\naccess to and the quality of care for residents of the community,\\npromote the coordination of resources among providers and reduce\\nduplication of services while achieving cost and other operational\\nefficiencies.\\n 3. a. The commissioner shall make grants to rural health networks, or\\nrural health care providers planning to develop a rural health network.\\nThe network plan submitted by a rural health network or rural health\\ncare providers planning to form a network for grant funds pursuant to\\nthis section shall be consistent with guidelines issued by the\\ncommissioner, in consultation with the New York state rural health\\ncouncil and the legislative commission on the development of rural\\nresources. Such guidelines shall include, but need not be limited to,\\nthe duration of rural health network grants, appropriate funding levels\\nand criteria for providing an appropriate geographic distribution of\\ngrantees; provided, however, that the amount of any such grant shall be\\nbased on the scope and nature of the proposed activities described in\\nsuch plan and that the quality of any such plan complies with the\\nconditions for approval pursuant to paragraph b of subdivision three of\\nthis section.\\n b. The commissioner may require revisions or amendments to the initial\\nnetwork plan prior to approval for funding, or periodic updates from an\\napplicant to reflect the current status of a network's development or\\noperation and to assure that the plan is implemented in accordance with\\nits approved terms. In approving grants the commissioner shall consider\\nthe following:\\n (i) The specific objectives and description of the proposed network,\\nincluding considerations of the existing health care services currently\\nbeing delivered within the rural area, and the unmet health care needs\\nof the community;\\n (ii) The degrees to which the plan demonstrates enhanced costs and\\nservice delivery efficiencies and access to necessary and high quality\\nhealth care services by rural residents;\\n (iii) The degree to which stated objectives and the scope of the\\nnetwork plan may reasonably be implemented and achieved using existing\\nand projected resources;\\n (iv) The degree to which information sharing, communication, and\\ncooperation between health care providers, human service entities and\\nconsumers would be fostered;\\n (v) The contribution the network would make toward the identification\\nand development of innovative delivery systems;\\n (vi) The degree to which management and continuity of care would be\\nfostered and improved;\\n (vii) The degree to which participating providers are represented on\\ngoverning bodies of the network;\\n (viii) The degree to which consumers within the area served or to be\\nserved by the network are made aware of and have an effective\\nopportunity to provide input in the creation and on-going development of\\na network plan; and\\n (ix) The degree to which providers within the area served by the\\nnetwork are made aware of and have an effective opportunity to\\nparticipate in or become a member of the network.\\n c. The commissioner shall act on such application within ninety days\\nafter its receipt. In the event waivers of any regulations are requested\\nby an applicant, the commissioner shall have an additional thirty days\\nto act upon such application.\\n 4. The commissioner or his or her duly authorized representative may\\nprovide or contract to provide technical assistance in the creation and\\nimplementation of rural health networks and to promote community\\norganization, collaboration and communication in rural network\\ndevelopment across the state. The funding for any such contract shall\\nnot be made available from funds provided for purposes of this section\\nby section twenty-eight hundred seven-l of this chapter.\\n 5. If the commissioner determines that a grant is being used for\\npurposes other than those which are in conformity with this title, the\\ncommissioner may withdraw his or her approval of the project and require\\nrepayment of all or part of such grant to the state. The commissioner\\nshall cause reports to be prepared and submitted for each project by the\\ngrantees at such times and in such manner as are consistent with the\\npurposes of this title.\\n 6. a. The commissioner or his or her duly authorized representative\\nmay also, promote appropriate active state supervision necessary to\\npromote state action immunity under the federal antitrust laws, inspect\\nor request additional documentation to verify that a network plan is\\nimplemented in accordance with its approved terms as they relate to\\nantitrust activity.\\n b. The commissioner shall review a network plan and all agreements\\nbetween participating providers of a network organized pursuant to the\\nnot-for-profit corporation law at any time with respect to their effect\\non competition, access, and quality of care, may seek the advice of the\\nattorney general and may require amendments to such agreements where he\\nor she determines that the benefits of anti-competitive activity are\\noutweighed by any disadvantages.\\n c. The commissioner may revoke, limit or annul approval to implement a\\nnetwork plan, or portions thereof, after review and a hearing, for\\nfailure to implement such plan in accordance with its terms as\\nappropriate for the promotion of state action immunity under the federal\\nantitrust laws.\\n d. The commissioner shall, at the request of any rural health network,\\nreview network agreements with respect to their effect on competition,\\naccess and quality of care, may seek the advice of the attorney general,\\nand may require amendments to such agreements where he or she determines\\nthat the benefits of anticompetitive activity are outweighed by any\\ndisadvantage.\\n 7. For the purpose of promoting maximum effectiveness in the\\nutilization of state and local monies and innovative approaches, the\\ncommissioner is authorized to waive, modify or suspend the respective\\nprovisions of rules and regulations promulgated pursuant to this chapter\\nif the commissioner determines that such waiver, modification or\\nsuspension is necessary for the successful implementation of this title\\nand provided that the commissioner determines that the health, safety\\nand general welfare of people receiving health care will not be impaired\\nas a result of such waiver, modification, or suspension. Such waiver,\\nmodification or suspension may be granted for up to two years. In\\naddition, upon the request of a rural health network organized pursuant\\nto the not-for-profit corporation law and approved pursuant to\\nsubdivision fourteen of section twenty-eight hundred one-a of this\\nchapter thereto, through its network plan or its amendments, the\\ncommissioner is authorized to permit such rural health network to make\\napplications or fulfill regulatory requirements on behalf of members of\\nthe network for purposes of, but not limited to, certificate of need,\\nquality assurance, reimbursement, and professional credentialing and\\nprivileging.\\n 8. The commissioner shall consult with federal, state, and local\\nofficials with respect to securing their cooperation in coordinating\\nrelated programs and regulatory waivers and shall provide the\\nlegislature with recommendations to facilitate such efforts.\\n 9. Notwithstanding any inconsistent provision of law, the commissioner\\nmay approve a rural health network, to receive directly reimbursement\\nfor the planning and coordination of services including but not limited\\nto such experimental and other payment methods as global budget, pooling\\narrangements, or capitation payments for whole or in-part inpatient\\nhospital services and ambulatory care services provided by the component\\nentities of the network. Reimbursement including payments made by\\ngovernmental agencies shall be subject to the approval of the state\\ndirector of the budget and to the availability of federal financial\\nparticipation pursuant to title XIX of the federal social security act\\nin expenditures made for eligible patients. The commissioner may impose\\nsuch terms and conditions as necessary and appropriate for receipt of\\nsuch funds.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2954", "title" : "Limitation on liability of network participants", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2954", "activeDate" : "2014-09-22", "sequenceNo" : 1189, "repealedDate" : null, "fromSection" : "2954", "toSection" : "2954", "text" : " § 2954. Limitation on liability of network participants. Neither a\\nrural health network, nor any provider participating therein, whether by\\nagreement or through membership or common directorates, shall be liable\\nfor claims against or for the debt or obligations of any other affiliate\\nsolely by reason of affiliation or, in the absence of substantial\\nevidence of fraud or willful, wanton or criminal activity attributable\\nto the incurring of such claim, debt or obligation on the part of the\\nentity from whom recovery is sought.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2955", "title" : "Restraint of trade by networks and network participants", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2955", "activeDate" : "2014-09-22", "sequenceNo" : 1190, "repealedDate" : null, "fromSection" : "2955", "toSection" : "2955", "text" : " § 2955. Restraint of trade by networks and network participants. The\\nactivities of rural health networks and providers participating therein,\\nundertaken in furtherance of planning, implementing or operating a\\nnetwork or promoting the efficient delivery of health care services in a\\nrural area, shall be exempt from the provisions and penalties of article\\ntwenty-two of the general business law respecting arrangements and\\nagreements in restraint of trade. No hospital, physician or other\\nlicensed or certified health care provider operating in good standing,\\nserving the area of the network, and willing to meet the terms and\\nconditions of the network as defined in the network plan, shall be\\ndenied the ability to participate therein. Nothing contained herein\\nshall be construed to require a hospital to grant admitting privileges\\nto a physician solely because such physician is a participant in or a\\nmember of the network.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2956", "title" : "Designation of upgraded diagnostic and treatment centers", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2956", "activeDate" : "2014-09-22", "sequenceNo" : 1191, "repealedDate" : null, "fromSection" : "2956", "toSection" : "2956", "text" : " § 2956. Designation of upgraded diagnostic and treatment centers. 1.\\nA diagnostic and treatment center established pursuant to article\\ntwenty-eight of this chapter, which is a participant in or a member of a\\nrural health network, may request the commissioner to authorize such\\ndiagnostic and treatment center to provide limited emergency services.\\nSuch diagnostic and treatment center shall be designated an upgraded\\ndiagnostic and treatment center upon the commissioner's approval of such\\nrequest.\\n 2. The commissioner shall establish guidelines for the designation of\\na diagnostic and treatment center as an upgraded diagnostic and\\ntreatment center pursuant to the provisions of this section. In\\nestablishing such guidelines, the commissioner shall solicit input from\\nhospitals, diagnostic and treatment centers and physicians.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2957", "title" : "Designation of primary care hospitals", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2957", "activeDate" : "2014-09-22", "sequenceNo" : 1192, "repealedDate" : null, "fromSection" : "2957", "toSection" : "2957", "text" : " § 2957. Designation of primary care hospitals. 1. A general hospital\\nestablished pursuant to article twenty-eight of this chapter may request\\nthe commissioner to exempt such hospital from particular services or to\\nauthorize such hospital to offer additional special services. Such\\nhospital shall be designated a primary care hospital upon the\\ncommissioner's approval of such request; provided, however, that nothing\\nherein contained shall be construed to restrict such hospital from\\noffering primary, specialty or acute inpatient services for which it is\\nable to provide appropriate technical and human resources, to respond to\\ncommunity need, or to assure quality in the delivery of services.\\n 2. The commissioner shall establish guidelines for the designation of\\na general hospital as a primary care hospital pursuant to the provisions\\nof this section. In establishing such guidelines, the commissioner\\nshall solicit input from hospitals and physicians.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2958", "title" : "Rural health care access development program", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2958", "activeDate" : "2014-09-22", "sequenceNo" : 1193, "repealedDate" : null, "fromSection" : "2958", "toSection" : "2958", "text" : " § 2958. Rural health care access development program. 1. To the extent\\nof funds available therefor, the sum of ten million dollars shall\\nannually be made available for periods prior to January first, two\\nthousand three, and up to nine million three hundred twenty thousand\\ndollars for the period January first, two thousand three through\\nDecember thirty-first, two thousand three, up to nine million three\\nhundred twenty thousand dollars for the period January first, two\\nthousand four through December thirty-first, two thousand four, up to\\ntwelve million eighty-eight thousand dollars for the period January\\nfirst, two thousand five through December thirty-first, two thousand\\nfive, up to twelve million eighty-eight thousand dollars for the period\\nJanuary first, two thousand six through December thirty-first, two\\nthousand six, up to eleven million eighty-eight thousand dollars\\nannually for the period January first, two thousand seven through\\nDecember thirty-first, two thousand ten, up to two million seven hundred\\nseventy-two thousand dollars for the period January first, two thousand\\neleven through March thirty-first, two thousand eleven, and within\\namounts appropriated for each state fiscal year on and after April\\nfirst, two thousand eleven, shall be available to the commissioner from\\nfunds pursuant to section twenty-eight hundred seven-l of this chapter\\nto provide assistance to general hospitals classified as a rural\\nhospital for purposes of determining payment for inpatient services\\nprovided to beneficiaries of title XVIII of the federal social security\\nact (Medicare) or under state regulations, in recognition of the unique\\ncosts incurred by these facilities to provide hospital services in\\nremote or sparsely populated areas pursuant to subdivision two of this\\nsection.\\n 2. a. The commissioner shall provide assistance to all rural hospitals\\nas defined in this section by distributing all amounts made available\\npursuant to section twenty-eight hundred seven-l of this chapter.\\n b. For the purposes of this subdivision, the commissioner shall devise\\na distribution methodology that takes into account the need for rural\\nhospitals to improve operational efficiencies, reduce the duplication of\\nservices, and develop affiliations with community based health care\\nproviders and which recognizes whether a hospital is a federally\\ndesignated sole community hospital, rural referral center, rural\\nhospital, state designated rural hospital, or a hospital that is at\\nsubstantial financial risk of failure and whose service area is\\nthreatened with reduced access to essential health services. In no event\\nshall the size of the rural hospital be the sole contributing factor in\\nsuch distribution methodology. Such methodology shall provide assistance\\nat graduated levels from highest to lowest, in accordance with the\\nfollowing criteria:\\n (i) The hospital shall be at substantial risk of financial failure,\\nusing a combination of generally accepted standard measures of financial\\nviability and which is:\\n A. a federally designated sole community hospital or a rural referral\\ncenter and is both a federally designated rural hospital and is\\nclassified as a state rural hospital;\\n B. a federally designated sole community hospital or a rural referral\\ncenter and is a federally designated rural hospital;\\n C. both a federally designated rural hospital and is classified as a\\nstate rural hospital, but is not a sole community hospital or a rural\\nreferral center;\\n D. either a federally designated rural hospital or is classified as a\\nstate rural hospital; or\\n E. the hospital is either a federally defined sole community hospital\\nor rural referral center.\\n (ii) The hospital is a sole community hospital or a rural referral\\ncenter and is both a federally designated rural hospital and is\\nclassified as a state rural hospital;\\n (iii) The hospital is a sole community hospital or a rural referral\\ncenter and is a federally designated rural hospital, but is not\\nclassified as a state rural hospital;\\n (iv) The hospital is both a federally designated rural hospital and is\\nclassified as a state rural hospital but is not a sole community\\nhospital or a rural referral center;\\n (v) The hospital is either a federally designated rural hospital or is\\nclassified as a state rural hospital; or\\n (vi) The hospital is either a federally defined sole community\\nhospital or a rural referral center.\\n c. The commissioner may include in regulation a factor to enhance the\\ndistribution to those hospitals that have taken actions in accordance\\nwith the goals specified in paragraph b of this subdivision to be\\napplied effective January first, two thousand one, except, however, in\\nno event shall the distribution of the funds be delayed because of the\\ndevelopment of the factor pursuant to this paragraph.\\n 3. The commissioner shall cause reports to be prepared and submitted\\nby rural hospitals at such times and in such manner as are consistent\\nwith the purposes of this section.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 8 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A29-AT1-A", "title" : "Rural Dentistry Pilot Program", "docType" : "TITLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1-A", "activeDate" : "2014-09-22", "sequenceNo" : 1194, "repealedDate" : null, "fromSection" : "2958-A", "toSection" : "2958-A", "text" : " TITLE 1-A\\n RURAL DENTISTRY PILOT PROGRAM\\nSection 2958-a. Rural dentistry pilot program.\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2958-A", "title" : "Rural dentistry pilot program", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2958-A", "activeDate" : "2014-09-22", "sequenceNo" : 1195, "repealedDate" : null, "fromSection" : "2958-A", "toSection" : "2958-A", "text" : " § 2958-a. Rural dentistry pilot program. 1. The commissioner shall,\\nwithin monies appropriated therefore, establish a rural dentistry pilot\\nprogram in Chautauqua, Allegany, and Cattaraugus counties. The\\ncommissioner shall, in coordination with the University of Buffalo\\nSchool of Dentistry study cost savings achieved through the provision of\\ndental services in geographically isolated and underserved areas. Such a\\nstudy shall determine:\\n (i) the quality of care provided through a mobile dental system,\\nincluding minimizing any adverse effects on dental practices already\\nserving or seeking to enter rural or underserved communities, the\\ninvolvement of dental practices serving rural or underserved communities\\nin such a mobile dental system, and the establishment of referral\\nsystems and networks to existing dental practices serving rural or\\nunderserved communities for regular ongoing care of patients;\\n (ii) cost savings achieved through targeted oral health initiatives in\\nrural areas;\\n (iii) corollaries between preventative dental care and improved\\npatient outcomes in rural areas;\\n (iv) knowledge, attitude, and behavior outcomes among dental students\\nand recommendations for rural dental health education curriculum;\\n (v) a profile of the participants, the number of persons served, and\\nhealth care disparities;\\n (vi) a description of the activities of the program;\\n (vii) guidance on facilitated participation in rural areas;\\n (viii) provider shortages in rural areas;\\n (ix) a description of the impact of the programs on the community and\\nrecommendations for replication/improvement in other rural areas; and\\n (x) such other activities as the commissioner may deem necessary and\\nappropriate to this section.\\n 2. Twelve months after the approval of the rural dentistry pilot\\nprogram, and annually thereafter, the program shall report to the\\ncommissioner on the progress of the program. The commissioner shall\\nevaluate the findings of the study and report to the governor, the\\ntemporary president of the senate, the speaker of the assembly, the\\nchair of the senate standing committee on health, the chair of the\\nassembly health committee and the chair of the legislative commission on\\nrural resources on its findings.\\n 3. Additionally, to the extent of funds appropriated therefore,\\nmedical assistance funds, including any funding or shared savings as may\\nbecome available through federal waivers or otherwise under titles\\neighteen and nineteen of the federal social security act, may be used\\nfor expenditures in support of the demonstration program.\\n 4. Notwithstanding any inconsistent provision of law to the contrary,\\nthe commissioner is authorized to waive, modify or suspend the\\nprovisions of rules and regulations promulgated pursuant to article\\ntwenty-eight of this chapter if the commissioner determines that such\\nwaiver, modification or suspension is necessary for the successful\\nimplementing of the rural dentistry pilot program authorized pursuant to\\nthis section and provided that the commissioner determines that the\\nhealth, safety and general welfare of people receiving health care under\\nsuch rural dentistry pilot program will not be impaired as a result of\\nsuch waiver, modification, or suspension.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 1 }, "repealed" : false } ], "size" : 2 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A29-AA", "title" : "Patient Centered Medical Homes", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "29-AA", "activeDate" : "2014-09-22", "sequenceNo" : 1196, "repealedDate" : null, "fromSection" : "2959-A", "toSection" : "2959-A", "text" : " ARTICLE 29-AA\\n PATIENT CENTERED MEDICAL HOMES\\nSection 2959-a. Multipayor patient centered medical home program.\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2959-A", "title" : "Multipayor patient centered medical home program", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2017-08-04" ], "docLevelId" : "2959-A", "activeDate" : "2017-08-04", "sequenceNo" : 1197, "repealedDate" : null, "fromSection" : "2959-A", "toSection" : "2959-A", "text" : " § 2959-a. Multipayor patient centered medical home program. 1. (a) The\\ncommissioner is authorized to establish medical home multipayor programs\\n(referred to in this section as a \"program\") whereby enhanced payments\\nare made to primary care clinicians and clinics statewide that are\\ncertified as medical homes for the purpose of improving health care\\noutcomes and efficiency through improved access, patient care continuity\\nand coordination of health services.\\n (b) As used in this section:\\n (i) \"clinic\" means a general hospital providing outpatient care or\\ndiagnostic and treatment center, licensed under article twenty-eight of\\nthis chapter; and\\n (ii) \"primary care clinician\" means a physician, nurse practitioner,\\nor midwife acting within his or her lawful scope of practice under title\\neight of the education law and who is practicing in a primary care\\nspecialty.\\n (iii) \"primary care medical home collaborative\" means an entity\\napproved by the commissioner which shall include but not be limited to\\nhealth care providers, which may include but not be limited to\\nhospitals, diagnostic and treatment centers, private practices and\\nindependent practice associations, and payors of health care services,\\nwhich may include but not be limited to employers, health plans and\\ninsurers.\\n 2. (a) In order to promote improved quality of, and access to, health\\ncare services and promote improved clinical outcomes, it is the policy\\nof the state to encourage cooperative, collaborative and integrative\\narrangements among payors of health care services and health care\\nservices providers who might otherwise be competitors, under the active\\nsupervision of the commissioner. It is the intent of the state to\\nsupplant competition with such arrangements and regulation only to the\\nextent necessary to accomplish the purposes of this article, and to\\nprovide state action immunity under the state and federal antitrust laws\\nto payors of health care services and health care services providers\\nwith respect to the planning, implementation and operation of the\\nmultipayor patient centered medical home program.\\n (b) The commissioner or his or her duly authorized representative may\\nengage in appropriate state supervision necessary to promote state\\naction immunity under the state and federal antitrust laws, and may\\ninspect or request additional documentation from payors of health care\\nservices and health care services providers to verify that medical homes\\ncertified pursuant to this section operate in accordance with its intent\\nand purpose.\\n 3. The commissioner is authorized to participate in, actively\\nsupervise, facilitate and approve a primary care medical home\\ncollaborative for each program around the state to establish: (a) the\\nboundaries of each program and the providers eligible to participate,\\nprovided that the boundaries of programs may overlap; (b) practice\\nstandards for each medical home program adopted with consideration of\\nexisting standards developed by the National Committee for Quality\\nAssurance (\"NCQA\"), the Joint Commission of Accreditation of Healthcare\\nOrganizations (\"JCAHCO\" or the \"Joint Commission\"), American\\nAccreditation Healthcare Commission (\"URAC\"), American College of\\nPhysicians, the American Academy of Family Physicians, the American\\nAcademy of Pediatrics, and the American Osteopathic Association; the\\nAmerican Academy of Nurse Practitioners, and the American College of\\nNurse Practitioners; (c) standards for implementation and use of health\\ninformation technology, including participation in health information\\nexchanges through the statewide health information network; (d)\\nmethodologies by which payors will provide enhanced rates of payment to\\ncertified medical homes; (e) requirements for collecting data relating\\nto the providing and paying for health care services under the program\\nand providing of data to the commissioner, payors and health care\\nproviders under the program, to promote the effective operation and\\nevaluation of the program, consistent with protection of the\\nconfidentiality of individual patient information; and (f) provisions\\nunder which the commissioner may terminate the program.\\n 3-a. The commissioner may develop or approve (a) methodologies to pay\\nadditional amounts for medical homes that meet specific process or\\noutcome standards established by each multipayor patient centered\\nmedical home collaborative; (b) alternative methodologies for payors of\\nhealth care services to health care providers under the program; (c)\\nprovisions for payments to providers that may vary by size or form of\\norganization of the provider, or patient case mix, to accommodate\\ndifferent levels of resources and difficulty to meet the standards of\\nthe program; (d) provisions for payments to entities that provide\\nservices to health care providers to assist them in meeting medical home\\nstandards under the program such as the services of community health\\nworkers.\\n 4. The commissioner is authorized to establish an advisory group of\\nstate agencies and stakeholders, such as professional organizations and\\nassociations, and consumers, to identify legal and/or administrative\\nbarriers to the sharing of care management and care coordination\\nservices among participating health care services providers and to make\\nrecommendations for statutory and/or regulatory changes to address such\\nbarriers.\\n 5. Patient, payor and health care services provider participation in\\nthe multipayor patient centered medical home program shall be on a\\nvoluntary basis.\\n 6. Clinics and primary care clinicians participating in a program are\\nnot eligible for additional enhancements or bonuses under the statewide\\npatient centered medical home program established pursuant to section\\nthree hundred sixty-four-m of the social services law. The commissioner\\nshall develop or approve a method for determining payment under a\\nprogram where a provider participates, or a patient is served, in an\\narea where program boundaries overlap.\\n 7. Subject to the availability of funding and federal financial\\nparticipation, the commissioner is authorized:\\n (a) To pay enhanced rates of payment under Medicaid fee-for-service,\\nMedicaid managed care, family health plus and child health plus to\\nclinics and clinicians that are certified as patient centered medical\\nhomes under this title;\\n (b) To pay additional amounts for medical homes that meet specific\\nprocess or outcome standards specified by the commissioner in\\nconsultation with each multipayor patient centered medical home\\ncollaborative;\\n (c) To authorize alternative payment methodologies under Medicaid\\nfee-for-service, Medicaid managed care, family health plus and child\\nhealth plus for health care providers and to serve the purposes of the\\nprogram, including payments to entities under paragraph (g) of\\nsubdivision three of this section; and\\n (d) To test new models of payment to high volume Medicaid primary care\\nmedical home practices that incorporate risk adjusted global payments\\ncombined with care management and pay for performance adjustments.\\n 8. (a) The commissioner is authorized to contract with one or more\\nentities to assist the state in implementing the provisions of this\\nsection. Such entity or entities shall be the same entity or entities\\nchosen to assist in the implementation of the health home provisions of\\nsection three hundred sixty-five-l of the social services law.\\nResponsibilities of the contractor shall include but not be limited to:\\ndeveloping recommendations with respect to program policy,\\nreimbursement, system requirements, reporting requirements, evaluation\\nprotocols, and provider and patient enrollment; providing technical\\nassistance to potential medical home and health home providers; data\\ncollection; data sharing; program evaluation, and preparation of\\nreports.\\n (b) Notwithstanding any inconsistent provision of sections one hundred\\ntwelve and one hundred sixty-three of the state finance law, or section\\none hundred forty-two of the economic development law, or any other law,\\nthe commissioner is authorized to enter into a contract or contracts\\nunder paragraph (a) of this subdivision without a request for proposal\\nprocess, provided, however, that:\\n (i) The department shall post on its website, for a period of no less\\nthan thirty days:\\n (1) A description of the proposed services to be provided pursuant to\\nthe contract or contracts;\\n (2) The criteria for selection of a contractor or contractors;\\n (3) The period of time during which a prospective contractor may seek\\nselection, which shall be no less than thirty days after such\\ninformation is first posted on the website; and\\n (4) The manner by which a prospective contractor may seek such\\nselection, which may include submission by electronic means;\\n (ii) All reasonable and responsive submissions that are received from\\nprospective contractors in timely fashion shall be reviewed by the\\ncommissioner; and\\n (iii) The commissioner shall select such contractor or contractors\\nthat, in his or her discretion, are best suited to serve the purposes of\\nthis section.\\n 9. The commissioner may directly, or by contract, provide:\\n (a) technical assistance to a primary care medical home collaborative\\nin relation to establishing and operating a program;\\n (b) consumer assistance to patients participating in a program as to\\nmatters relating to the program;\\n (c) technical and other assistance to health care providers\\nparticipating in a program as to matters relating to the program,\\nincluding achieving medical home standards;\\n (d) care coordination provider technical and other assistance to\\nindividuals and entities providing care coordination services to health\\ncare providers under a program; and\\n (e) information sharing and other assistance among programs to improve\\nthe operation of programs, consistent with applicable laws relating to\\npatient confidentiality.\\n 10. The commissioner shall, to the extent necessary for the purpose of\\nthis section, submit the appropriate waivers and other applications,\\nincluding, but not limited to, those authorized pursuant to sections\\neleven hundred fifteen and nineteen hundred fifteen of the federal\\nsocial security act, or successor provisions, and any other waivers or\\napplications necessary to achieve the purposes of high quality,\\nintegrated, and cost effective care and integrated financial eligibility\\npolicies under Medicaid, family health plus and child health plus or\\nMedicare. Copies of such original waiver and other applications shall be\\nprovided to the chairman of the senate finance committee and the\\nchairman of the assembly ways and means committee simultaneously with\\ntheir submission to the federal government.\\n 11. The Adirondack medical home multipayor demonstration program\\n(including the Adirondack medical home collaborative) previously\\nestablished under section twenty-nine hundred fifty-nine of this chapter\\nis continued and shall be deemed to be a program under this section.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 1 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A29-B", "title" : "Orders Not to Resuscitate For Residents of Mental Hygiene Facilities", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22", "2023-12-29" ], "docLevelId" : "29-B", "activeDate" : "2014-09-22", "sequenceNo" : 1198, "repealedDate" : null, "fromSection" : "2960", "toSection" : "2979", "text" : " ARTICLE 29-B\\n ORDERS NOT TO RESUSCITATE FOR RESIDENTS OF MENTAL HYGIENE FACILITIES\\nSection 2960. Legislative findings and purpose.\\n 2961. Definitions.\\n 2962. Presumption in favor of resuscitation; lawfulness of\\n order; effectiveness of order; duty to provide\\n information; no duty to expand equipment.\\n 2963. Determination of capacity to make a decision regarding\\n cardiopulmonary resuscitation.\\n 2964. Decision-making by an adult with capacity.\\n 2965. Surrogate decision-making.\\n 2966. Decision-making on behalf of an adult patient without\\n capacity for whom no surrogate is available.\\n 2967. Decision-making on behalf of a minor patient.\\n 2968. Effect of order not to resuscitate on other treatment.\\n 2969. Revocation of consent to order not to resuscitate.\\n 2970. Physician review of the order not to resuscitate.\\n 2971. Interinstitutional transfers.\\n 2972. Dispute mediation system.\\n 2973. Judicial review.\\n 2974. Immunity.\\n 2975. Effect of order not to resuscitate on insurance and health\\n care services.\\n 2976. Judicially approved order not to resuscitate.\\n 2977. Nonhospital orders not to resuscitate.\\n 2978. Regulations.\\n 2979. Rights to be publicized.\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2960", "title" : "Legislative findings and purpose", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2017-12-01", "2018-06-01", "2019-12-27", "2020-06-19", "2023-12-29" ], "docLevelId" : "2960", "activeDate" : "2018-06-01", "sequenceNo" : 1199, "repealedDate" : null, "fromSection" : "2960", "toSection" : "2960", "text" : " § 2960. Legislative findings and purpose. The legislature finds that,\\nalthough cardiopulmonary resuscitation has proved invaluable in the\\nprevention of sudden, unexpected death, it is appropriate for an\\nattending physician or attending nurse practitioner, in certain\\ncircumstances, to issue an order not to attempt cardiopulmonary\\nresuscitation of a patient where appropriate consent has been obtained.\\nThe legislature further finds that there is a need to clarify and\\nestablish the rights and obligations of patients, their families, and\\nhealth care providers regarding cardiopulmonary resuscitation and the\\nissuance of orders not to resuscitate.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2961", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2017-12-01", "2018-06-01", "2019-12-27", "2020-06-19", "2023-12-29" ], "docLevelId" : "2961", "activeDate" : "2018-06-01", "sequenceNo" : 1200, "repealedDate" : null, "fromSection" : "2961", "toSection" : "2961", "text" : " § 2961. Definitions. The following words or phrases, as used in this\\narticle, shall have the following meanings unless the context otherwise\\nrequires:\\n 1. \"Adult\" means any person who is eighteen years of age or older, or\\nis the parent of a child, or has married.\\n 2. \"Attending physician\" means the physician selected by or assigned\\nto a patient in a hospital who has primary responsibility for the\\ntreatment and care of the patient. Where more than one physician and/or\\nnurse practitioner shares such responsibility, any such physician or\\nnurse practitioner may act as the attending physician or attending nurse\\npractitioner pursuant to this article.\\n 2-a. \"Attending nurse practitioner\" means the nurse practitioner\\nselected by or assigned to a patient in a hospital who has primary\\nresponsibility for the treatment and care of the patient. Where more\\nthan one physician and/or nurse practitioner shares such responsibility,\\nany such physician or nurse practitioner may act as the attending\\nphysician or attending nurse practitioner pursuant to this article.\\n 3. \"Capacity\" means the ability to understand and appreciate the\\nnature and consequences of an order not to resuscitate, including the\\nbenefits and disadvantages of such an order, and to reach an informed\\ndecision regarding the order.\\n 4. \"Cardiopulmonary resuscitation\" means measures to restore cardiac\\nfunction or to support ventilation in the event of a cardiac or\\nrespiratory arrest. Cardiopulmonary resuscitation shall not include\\nmeasures to improve ventilation and cardiac functions in the absence of\\nan arrest.\\n 5. \"Close friend\" means any person, eighteen years of age or older,\\nwho is a close friend of the patient, or relative of the patient (other\\nthan a spouse, adult child, parent, brother or sister) who has\\nmaintained such regular contact with the patient as to be familiar with\\nthe patient's activities, health, and religious or moral beliefs and who\\npresents a signed statement to that effect to the attending physician or\\nattending nurse practitioner.\\n 5-a. \"Correctional facilities medical care personnel\" means personnel\\nengaged in providing health care at correctional facilities, as that\\nterm is defined in subdivision four of section two of the correction\\nlaw.\\n 6. \"Developmental disability\" means a developmental disability as\\ndefined in subdivision twenty-two of section 1.03 of the mental hygiene\\nlaw.\\n 6-a. \"Domestic partner\" means a person who, with respect to another\\nperson:\\n (a) is formally a party in a domestic partnership or similar\\nrelationship with the other person, entered into pursuant to the laws of\\nthe United States or of any state, local or foreign jurisdiction, or\\nregistered as the domestic partner of the other person with any registry\\nmaintained by the employer of either party or any state, municipality,\\nor foreign jurisdiction; or\\n (b) is formally recognized as a beneficiary or covered person under\\nthe other person's employment benefits or health insurance; or\\n (c) is dependent or mutually interdependent on the other person for\\nsupport, as evidenced by the totality of the circumstances indicating a\\nmutual intent to be domestic partners including but not limited to:\\ncommon ownership or joint leasing of real or personal property; common\\nhouseholding, shared income or shared expenses; children in common;\\nsigns of intent to marry or become domestic partners under paragraph (a)\\nor (b) of this subdivision; or the length of the personal relationship\\nof the persons.\\n Each party to a domestic partnership shall be considered to be the\\ndomestic partner of the other party. \"Domestic partner\" shall not\\ninclude a person who is related to the other person by blood in a manner\\nthat would bar marriage to the other person in New York state. \"Domestic\\npartner\" also shall not include any person who is less than eighteen\\nyears of age or who is the adopted child of the other person or who is\\nrelated by blood in a manner that would bar marriage in New York state\\nto a person who is the lawful spouse of the other person.\\n 8. \"Health care agent\" means a health care agent of the patient\\ndesignated pursuant to article twenty-nine-C of this chapter.\\n 9. \"Hospital\" means a hospital as defined in subdivision ten of\\nsection 1.03 of the mental hygiene law or a school named in section\\n13.17 of the mental hygiene law.\\n 11. \"Hospitalization\" means the period during which a person is a\\npatient in, or a resident of, a hospital.\\n 12. \"Medically futile\" means that cardiopulmonary resuscitation will\\nbe unsuccessful in restoring cardiac and respiratory function or that\\nthe patient will experience repeated arrest in a short time period\\nbefore death occurs.\\n 14. \"Mental illness\" means a mental illness as defined in subdivision\\ntwenty of section 1.03 of the mental hygiene law, provided, however,\\nthat mental illness shall not include dementia, such as Alzheimer's\\ndisease or other disorders related to dementia.\\n 15. \"Minor\" means any person who is not an adult.\\n 16. \"Nurse practitioner\" means a nurse practitioner certified pursuant\\nto section sixty-nine hundred ten of the education law who is practicing\\nin accordance with subdivision three of section sixty-nine hundred two\\nof the education law.\\n 17. \"Order not to resuscitate\" means an order not to attempt\\ncardiopulmonary resuscitation in the event a patient suffers cardiac or\\nrespiratory arrest.\\n 18. \"Parent\" means a parent who has custody of the minor.\\n 19. \"Patient\" means a person admitted to a hospital.\\n 20. \"Reasonably available\" means that a person to be contacted can be\\ncontacted with diligent efforts by an attending physician, attending\\nnurse practitioner or another person acting on behalf of the attending\\nphysician, attending nurse practitioner or the hospital.\\n 21. \"Surrogate\" means the person selected to make a decision regarding\\nresuscitation on behalf of another person pursuant to section\\ntwenty-nine hundred sixty-five of this article.\\n 22. \"Surrogate list\" means the list set forth in subdivision two of\\nsection twenty-nine hundred sixty-five of this article.\\n 23. \"Terminal condition\" means an illness or injury from which there\\nis no recovery, and which reasonably can be expected to cause death\\nwithin one year.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2962", "title" : "Presumption in favor of resuscitation; lawfulness of order; effectiveness of order; duty to provide information; no duty to expand equipment", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2017-12-01", "2018-06-01", "2019-12-27", "2020-06-19", "2023-12-29" ], "docLevelId" : "2962", "activeDate" : "2018-06-01", "sequenceNo" : 1201, "repealedDate" : null, "fromSection" : "2962", "toSection" : "2962", "text" : " § 2962. Presumption in favor of resuscitation; lawfulness of order;\\neffectiveness of order; duty to provide information; no duty to expand\\nequipment. 1. Every person admitted to a hospital shall be presumed to\\nconsent to the administration of cardiopulmonary resuscitation in the\\nevent of cardiac or respiratory arrest, unless there is consent to the\\nissuance of an order not to resuscitate as provided in this article.\\n 2. It shall be lawful for the attending physician or attending nurse\\npractitioner to issue an order not to resuscitate a patient, provided\\nthat the order has been issued pursuant to the requirements of this\\narticle. The order shall be included in writing in the patient's chart.\\nAn order not to resuscitate shall be effective upon issuance.\\n 3. Before obtaining, pursuant to this article, the consent of the\\npatient, or of the surrogate of the patient, or parent or legal guardian\\nof the minor patient, to an order not to resuscitate, the attending\\nphysician or attending nurse practitioner shall provide to the person\\ngiving consent information about the patient's diagnosis and prognosis,\\nthe reasonably foreseeable risks and benefits of cardiopulmonary\\nresuscitation for the patient, and the consequences of an order not to\\nresuscitate.\\n 4. Nothing in this article shall require a hospital to expand its\\nexisting equipment and facilities to provide cardiopulmonary\\nresuscitation.\\n 5. (a) The provisions of article twenty-nine-C of this chapter,\\ngoverning health care proxies and agents, take precedence over\\nconflicting provisions of this article.\\n (b) When a patient who has a health care agent lacks capacity, the\\nagent shall have the rights and authority that a patient with capacity\\nwould have under this article, subject to the terms of the health care\\nproxy and article twenty-nine-C of this chapter.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2963", "title" : "Determination of capacity to make a decision regarding cardiopulmonary resuscitation", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2017-12-01", "2018-06-01", "2019-12-27", "2020-06-19", "2023-12-29" ], "docLevelId" : "2963", "activeDate" : "2018-06-01", "sequenceNo" : 1202, "repealedDate" : null, "fromSection" : "2963", "toSection" : "2963", "text" : " § 2963. Determination of capacity to make a decision regarding\\ncardiopulmonary resuscitation. 1. Every adult shall be presumed to have\\nthe capacity to make a decision regarding cardiopulmonary resuscitation\\nunless determined otherwise pursuant to this section or pursuant to a\\ncourt order or unless a guardian is authorized to decide about health\\ncare for the adult pursuant to article eighty-one of the mental hygiene\\nlaw or article seventeen-A of the surrogate's court procedure act. The\\nattending physician or attending nurse practitioner shall not rely on\\nthe presumption stated in this subdivision if clinical indicia of\\nincapacity are present.\\n 2. A determination that an adult patient lacks capacity shall be made\\nby the attending physician or attending nurse practitioner to a\\nreasonable degree of medical certainty. The determination shall be made\\nin writing and shall contain such attending physician's or attending\\nnurse practitioner's opinion regarding the cause and nature of the\\npatient's incapacity as well as its extent and probable duration. The\\ndetermination shall be included in the patient's medical chart.\\n 3. (a) At least one other physician, selected by a person authorized\\nby the hospital to make such selection, must concur in the determination\\nthat an adult lacks capacity. The concurring determination shall be made\\nin writing after personal examination of the patient and shall contain\\nthe physician's opinion regarding the cause and nature of the patient's\\nincapacity as well as its extent and probable duration. Each concurring\\ndetermination shall be included in the patient's medical chart.\\n (b) If the attending physician or attending nurse practitioner\\ndetermines that a patient lacks capacity because of mental illness, the\\nconcurring determination required by paragraph (a) of this subdivision\\nshall be provided by a physician licensed to practice medicine in New\\nYork state, who is a diplomate or eligible to be certified by the\\nAmerican Board of Psychiatry and Neurology or who is certified by the\\nAmerican Osteopathic Board of Neurology and Psychiatry or is eligible to\\nbe certified by that board.\\n (c) If the attending physician or attending nurse practitioner\\ndetermines that a patient lacks capacity because of a developmental\\ndisability, the concurring determination required by paragraph (a) of\\nthis subdivision shall be provided by a physician or psychologist\\nemployed by a developmental disabilities services office named in\\nsection 13.17 of the mental hygiene law, or who has been employed for a\\nminimum of two years to render care and service in a facility operated\\nor licensed by the office for people with developmental disabilities, or\\nwho has been approved by the commissioner of developmental disabilities\\nin accordance with regulations promulgated by such commissioner. Such\\nregulations shall require that a physician or psychologist possess\\nspecialized training or three years experience in treating developmental\\ndisabilities.\\n 4. Notice of a determination that the patient lacks capacity shall\\npromptly be given (a) to the patient, where there is any indication of\\nthe patient's ability to comprehend such notice, together with a copy of\\na statement prepared in accordance with section twenty-nine hundred\\nseventy-eight of this article, and (b) to the person on the surrogate\\nlist highest in order of priority listed, when persons in prior\\nsubparagraphs are not reasonably available. Nothing in this subdivision\\nshall preclude or require notice to more than one person on the\\nsurrogate list.\\n 5. A determination that a patient lacks capacity to make a decision\\nregarding an order not to resuscitate pursuant to this section shall not\\nbe construed as a finding that the patient lacks capacity for any other\\npurpose.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2964", "title" : "Decision-making by an adult with capacity", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2017-12-01", "2018-06-01", "2019-12-27", "2020-01-03", "2020-06-19", "2023-12-29" ], "docLevelId" : "2964", "activeDate" : "2018-06-01", "sequenceNo" : 1203, "repealedDate" : null, "fromSection" : "2964", "toSection" : "2964", "text" : " § 2964. Decision-making by an adult with capacity. 1. (a) The consent\\nof an adult with capacity must be obtained prior to issuing an order not\\nto resuscitate, except as provided in subdivision three of this section.\\n (b) If the adult has capacity at the time the order is to be issued,\\nthe consent must be obtained at or about such time, notwithstanding any\\nprior oral or written consent.\\n 2. (a) During hospitalization, an adult with capacity may express a\\ndecision consenting to an order not to resuscitate orally in the\\npresence of at least two witnesses eighteen years of age or older, one\\nof whom is a physician or nurse practitioner affiliated with the\\nhospital in which the patient is being treated. Any such decision shall\\nbe recorded in the patient's medical chart.\\n (b) Prior to or during hospitalization, an adult with capacity may\\nexpress a decision consenting to an order not to resuscitate in writing,\\ndated and signed in the presence of at least two witnesses eighteen\\nyears of age or older who shall sign the decision.\\n (c) An attending physician or attending nurse practitioner who is\\nprovided with or informed of a decision pursuant to this subdivision\\nshall record or include the decision in the patient's medical chart if\\nthe decision has not been recorded or included, and either:\\n (i) promptly issue an order not to resuscitate the patient or issue an\\norder at such time as the conditions, if any, specified in the decision\\nare met, and inform the hospital staff responsible for the patient's\\ncare of the order; or\\n (ii) promptly make his or her objection to the issuance of such an\\norder and the reasons therefor known to the patient and either make all\\nreasonable efforts to arrange for the transfer of the patient to another\\nphysician or nurse practitioner, if necessary, or promptly submit the\\nmatter to the dispute mediation system.\\n (d) Prior to issuing an order not to resuscitate a patient who has\\nexpressed a decision consenting to an order not to resuscitate under\\nspecified medical conditions, the attending physician or attending nurse\\npractitioner must make a determination, to a reasonable degree of\\nmedical certainty, that such conditions exist, and include the\\ndetermination in the patient's medical chart.\\n 3. If the patient is in or is transferred from a correctional\\nfacility, notice of the patient's consent to an order not to resuscitate\\nshall be given to the facility director and reasonable efforts shall be\\nmade to provide notice to an individual designated by the patient to\\nreceive such notification prior to the issuance of the order not to\\nresuscitate. Notification to the facility director or the individual\\ndesignated by the patient shall not unreasonably delay issuance of an\\norder not to resuscitate.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2965", "title" : "Surrogate decision-making", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2017-12-01", "2018-06-01", "2019-12-27", "2020-06-19", "2023-12-29" ], "docLevelId" : "2965", "activeDate" : "2018-06-01", "sequenceNo" : 1204, "repealedDate" : null, "fromSection" : "2965", "toSection" : "2965", "text" : " § 2965. Surrogate decision-making. 1. (a) The consent of a surrogate\\nor health care agent acting on behalf of an adult patient who lacks\\ncapacity or on behalf of an adult patient for whom consent by a\\nsurrogate or health care agent is authorized by subdivision three of\\nsection twenty-nine hundred sixty-four of this article must be obtained\\nprior to issuing an order not to resuscitate the patient, except as\\nprovided in paragraph (b) of this subdivision or section twenty-nine\\nhundred sixty-six of this article.\\n (b) The consent of a surrogate or health care agent shall not be\\nrequired where the adult had, prior to losing capacity, consented to an\\norder not to resuscitate pursuant to subdivision two of section\\ntwenty-nine hundred sixty-four of this article.\\n (c) A decision regarding cardiopulmonary resuscitation by a health\\ncare agent on a principal's behalf is governed by article twenty-nine-C\\nof this chapter and shall have priority over decisions by any other\\nperson, except the patient or as otherwise provided in the health care\\nproxy.\\n 2. (a) One person from the following list, to be chosen in order of\\npriority listed, when persons in the prior subparagraphs are not\\nreasonably available, willing to make a decision regarding issuance of\\nan order not to resuscitate, and competent to make a decision regarding\\nissuance of an order not to resuscitate, shall have the authority to act\\nas surrogate on behalf of the patient. However, such person may\\ndesignate any other person on the list to be surrogate, provided no one\\nin a higher class than the person designated objects:\\n (i) a guardian authorized to decide about health care pursuant to\\narticle eighty-one of the mental hygiene law or a guardian of a person\\nappointed under article seventeen-A of the surrogate's court procedure\\nact, provided that this paragraph shall not be construed to require the\\nappointment of a guardian for the purpose of making the resuscitation\\ndecision;\\n (ii) the spouse, if not legally separated from the patient, or the\\ndomestic partner;\\n (iii) a son or daughter eighteen years of age or older;\\n (iv) a parent;\\n (v) a brother or sister eighteen years of age or older; and\\n (vi) a close friend.\\n (b) After the surrogate has been identified, the name of such person\\nshall be included in the patient's medical chart.\\n 3. (a) The surrogate shall make a decision regarding cardiopulmonary\\nresuscitation on the basis of the adult patient's wishes including a\\nconsideration of the patient's religious and moral beliefs, or, if the\\npatient's wishes are unknown and cannot be ascertained, on the basis of\\nthe patient's best interests.\\n (b) Notwithstanding any law to the contrary, the surrogate shall have\\nthe same right as the patient to receive medical information and medical\\nrecords.\\n (c) A surrogate may consent to an order not to resuscitate on behalf\\nof an adult patient only if there has been a determination by an\\nattending physician or attending nurse practitioner with the concurrence\\nof another physician or nurse practitioner selected by a person\\nauthorized by the hospital to make such selection, given after personal\\nexamination of the patient that, to a reasonable degree of medical\\ncertainty:\\n (i) the patient has a terminal condition; or\\n (ii) the patient is permanently unconscious; or\\n (iii) resuscitation would be medically futile; or\\n (iv) resuscitation would impose an extraordinary burden on the patient\\nin light of the patient's medical condition and the expected outcome of\\nresuscitation for the patient.\\n Each determination shall be included in the patient's medical chart.\\n 4. (a) A surrogate shall express a decision consenting to an order not\\nto resuscitate either (i) in writing, dated, and signed in the presence\\nof one witness eighteen years of age or older who shall sign the\\ndecision, or (ii) orally, to two persons eighteen years of age or older,\\none of whom is a physician or nurse practitioner affiliated with the\\nhospital in which the patient is being treated. Any such decision shall\\nbe recorded in the patient's medical chart.\\n (b) The attending physician or attending nurse practitioner who is\\nprovided with the decision of a surrogate shall include the decision in\\nthe patient's medical chart and, if the surrogate has consented to the\\nissuance of an order not to resuscitate, shall either:\\n (i) promptly issue an order not to resuscitate the patient and inform\\nthe hospital staff responsible for the patient's care of the order; or\\n (ii) promptly make the attending physician's or attending nurse\\npractitioner's objection to the issuance of such an order known to the\\nsurrogate and either make all reasonable efforts to arrange for the\\ntransfer of the patient to another physician or nurse practitioner, if\\nnecessary, or promptly refer the matter to the dispute mediation system.\\n (c) If the attending physician or attending nurse practitioner has\\nactual notice of opposition to a surrogate's consent to an order not to\\nresuscitate by any person on the surrogate list, the physician or nurse\\npractitioner shall submit the matter to the dispute mediation system and\\nsuch order shall not be issued or shall be revoked in accordance with\\nthe provisions of subdivision three of section twenty-nine hundred\\nseventy-two of this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2966", "title" : "Decision-making on behalf of an adult patient without capacity for whom no surrogate is available", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2017-12-01", "2018-06-01", "2019-12-27", "2020-06-19", "2023-12-29" ], "docLevelId" : "2966", "activeDate" : "2018-06-01", "sequenceNo" : 1205, "repealedDate" : null, "fromSection" : "2966", "toSection" : "2966", "text" : " § 2966. Decision-making on behalf of an adult patient without capacity\\nfor whom no surrogate is available. 1. If no surrogate is reasonably\\navailable, willing to make a decision regarding issuance of an order not\\nto resuscitate, and competent to make a decision regarding issuance of\\nan order not to resuscitate on behalf of an adult patient who lacks\\ncapacity and who had not previously expressed a decision regarding\\ncardiopulmonary resuscitation, an attending physician or attending nurse\\npractitioner (a) may issue an order not to resuscitate the patient,\\nprovided that the attending physician or attending nurse practitioner\\ndetermines, in writing, that, to a reasonable degree of medical\\ncertainty, resuscitation would be medically futile, and another\\nphysician or nurse practitioner selected by a person authorized by the\\nhospital to make such selection, after personal examination of the\\npatient, reviews and concurs in writing with such determination, or, (b)\\nshall issue an order not to resuscitate the patient, provided that,\\npursuant to subdivision one of section twenty-nine hundred seventy-six\\nof this article, a court has granted a judgment directing the issuance\\nof such an order.\\n 2. Notwithstanding any other provision of this section, where a\\ndecision to consent to an order not to resuscitate has been made, notice\\nof the decision shall be given to the patient where there is any\\nindication of the patient's ability to comprehend such notice. If the\\npatient objects, an order not to resuscitate shall not be issued.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2967", "title" : "Decision-making on behalf of a minor patient", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2017-12-01", "2018-06-01", "2019-12-27", "2020-06-19", "2023-12-29" ], "docLevelId" : "2967", "activeDate" : "2018-06-01", "sequenceNo" : 1206, "repealedDate" : null, "fromSection" : "2967", "toSection" : "2967", "text" : " § 2967. Decision-making on behalf of a minor patient. 1. An attending\\nphysician or attending nurse practitioner, in consultation with a\\nminor's parent or legal guardian, shall determine whether a minor has\\nthe capacity to make a decision regarding resuscitation.\\n 2. (a) The consent of a minor's parent or legal guardian and the\\nconsent of the minor, if the minor has capacity, must be obtained prior\\nto issuing an order not to resuscitate the minor.\\n (b) Where the attending physician or attending nurse practitioner has\\nreason to believe that there is another parent or a non-custodial parent\\nwho has not been informed of a decision to issue an order not to\\nresuscitate the minor, the attending physician or attending nurse\\npractitioner, or someone acting on behalf of the attending physician or\\nattending nurse practitioner, shall make reasonable efforts to determine\\nif the uninformed parent or non-custodial parent has maintained\\nsubstantial and continuous contact with the minor and, if so, shall make\\ndiligent efforts to notify that parent or non-custodial parent of the\\ndecision prior to issuing the order.\\n 3. A parent or legal guardian may consent to an order not to\\nresuscitate on behalf of a minor only if there has been a written\\ndetermination by the attending physician or attending nurse\\npractitioner, with the written concurrence of another physician or nurse\\npractitioner selected by a person authorized by the hospital to make\\nsuch selections given after personal examination of the patient, that,\\nto a reasonable degree of medical certainty, the minor suffers from one\\nof the medical conditions set forth in paragraph (c) of subdivision\\nthree of section twenty-nine hundred sixty-five of this article. Each\\ndetermination shall be included in the patient's medical chart.\\n 4. (a) A parent or legal guardian of a minor, in making a decision\\nregarding cardiopulmonary resuscitation, shall consider the minor\\npatient's wishes, including a consideration of the minor patient's\\nreligious and moral beliefs, and shall express a decision consenting to\\nissuance of an order not to resuscitate either (i) in writing, dated and\\nsigned in the presence of one witness eighteen years of age or older who\\nshall sign the decision, or (ii) orally, to two persons eighteen years\\nof age or older, one of whom is a physician or nurse practitioner\\naffiliated with the hospital in which the patient is being treated. Any\\nsuch decision shall be recorded in the patient's medical chart.\\n (b) The attending physician or attending nurse practitioner who is\\nprovided with the decision of a minor's parent or legal guardian,\\nexpressed pursuant to this subdivision, and of the minor if the minor\\nhas capacity, shall include such decision or decisions in the minor's\\nmedical chart and shall comply with the provisions of paragraph (b) of\\nsubdivision four of section twenty-nine hundred sixty-five of this\\narticle.\\n (c) If the attending physician or attending nurse practitioner has\\nactual notice of the opposition of a parent or non-custodial parent to\\nconsent by another parent to an order not to resuscitate a minor, the\\nphysician or nurse practitioner shall submit the matter to the dispute\\nmediation system and such order shall not be issued or shall be revoked\\nin accordance with the provisions of subdivision three of section\\ntwenty-nine hundred seventy-two of this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2968", "title" : "Effect of order not to resuscitate on other treatment", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2023-12-29" ], "docLevelId" : "2968", "activeDate" : "2014-09-22", "sequenceNo" : 1207, "repealedDate" : null, "fromSection" : "2968", "toSection" : "2968", "text" : " § 2968. Effect of order not to resuscitate on other treatment. Consent\\nto the issuance of an order not to resuscitate shall not constitute\\nconsent to withhold or withdraw medical treatment other than\\ncardiopulmonary resuscitation.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2969", "title" : "Revocation of consent to order not to resuscitate", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2017-12-01", "2018-06-01", "2019-12-27", "2020-06-19", "2023-12-29" ], "docLevelId" : "2969", "activeDate" : "2018-06-01", "sequenceNo" : 1208, "repealedDate" : null, "fromSection" : "2969", "toSection" : "2969", "text" : " § 2969. Revocation of consent to order not to resuscitate. 1. A person\\nmay, at any time, revoke his or her consent to an order not to\\nresuscitate himself or herself by making either a written or an oral\\ndeclaration to a physician or member of the nursing staff at the\\nhospital where he or she is being treated, or by any other act\\nevidencing a specific intent to revoke such consent.\\n 2. Any surrogate, parent, or legal guardian may at any time revoke his\\nor her consent to an order not to resuscitate a patient by (a) notifying\\na physician or member of the nursing staff of the revocation of consent\\nin writing, dated and signed, or (b) orally notifying the attending\\nphysician or attending nurse practitioner in the presence of a witness\\neighteen years of age or older.\\n 3. Any physician or nurse practitioner who is informed of or provided\\nwith a revocation of consent pursuant to this section shall immediately\\ninclude the revocation in the patient's chart, cancel the order, and\\nnotify the hospital staff responsible for the patient's care of the\\nrevocation and cancellation. Any member of the nursing staff, other than\\na nurse practitioner, who is informed of or provided with a revocation\\nof consent pursuant to this section shall immediately notify a physician\\nor nurse practitioner of such revocation.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2970", "title" : "Physician and nurse practitioner review of the order not to resuscitate", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2017-12-01", "2018-06-01", "2019-12-27", "2020-06-19", "2023-12-29" ], "docLevelId" : "2970", "activeDate" : "2018-06-01", "sequenceNo" : 1209, "repealedDate" : null, "fromSection" : "2970", "toSection" : "2970", "text" : " § 2970. Physician and nurse practitioner review of the order not to\\nresuscitate. 1. For each patient for whom an order not to resuscitate\\nhas been issued, the attending physician or attending nurse practitioner\\nshall review the patient's chart to determine if the order is still\\nappropriate in light of the patient's condition and shall indicate on\\nthe patient's chart that the order has been reviewed each time the\\npatient is required to be seen by a physician but at least every sixty\\ndays.\\n Failure to comply with this subdivision shall not render an order not\\nto resuscitate ineffective.\\n 2. (a) If the attending physician or attending nurse practitioner\\ndetermines at any time that an order not to resuscitate is no longer\\nappropriate because the patient's medical condition has improved, the\\nphysician or nurse practitioner shall immediately notify the person who\\nconsented to the order. Except as provided in paragraph (b) of this\\nsubdivision, if such person declines to revoke consent to the order, the\\nphysician or nurse practitioner shall promptly (i) make reasonable\\nefforts to arrange for the transfer of the patient to another physician\\nor (ii) submit the matter to the dispute mediation system.\\n (b) If the order not to resuscitate was entered upon the consent of a\\nsurrogate, parent, or legal guardian and the attending physician or\\nattending nurse practitioner who issued the order, or, if unavailable,\\nanother attending physician or attending nurse practitioner at any time\\ndetermines that the patient does not suffer from one of the medical\\nconditions set forth in paragraph (c) of subdivision three of section\\ntwenty-nine hundred sixty-five of this article, the attending physician\\nor attending nurse practitioner shall immediately include such\\ndetermination in the patient's chart, cancel the order, and notify the\\nperson who consented to the order and all hospital staff responsible for\\nthe patient's care of the cancellation.\\n (c) If an order not to resuscitate was entered upon the consent of a\\nsurrogate and the patient at any time gains or regains capacity, the\\nattending physician or attending nurse practitioner who issued the\\norder, or, if unavailable, another attending physician or attending\\nnurse practitioner shall immediately cancel the order and notify the\\nperson who consented to the order and all hospital staff directly\\nresponsible for the patient's care of the cancellation.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2971", "title" : "Interinstitutional transfers", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2017-12-01", "2018-06-01", "2019-12-27", "2020-06-19", "2023-12-29" ], "docLevelId" : "2971", "activeDate" : "2018-06-01", "sequenceNo" : 1210, "repealedDate" : null, "fromSection" : "2971", "toSection" : "2971", "text" : " § 2971. Interinstitutional transfers. If a patient for whom an order\\nnot to resuscitate has been issued is transferred from a hospital to a\\ndifferent hospital the order shall remain effective, unless revoked\\npursuant to this article, until the attending physician or attending\\nnurse practitioner first examines the transferred patient, whereupon the\\nattending physician or attending nurse practitioner must either:\\n 1. Issue an order continuing the prior order not to resuscitate. Such\\norder may be issued without obtaining further consent from the patient,\\nsurrogate or parent pursuant to this article; or\\n 2. Cancel the order not to resuscitate, provided the attending\\nphysician or attending nurse practitioner immediately notifies the\\nperson who consented to the order and the hospital staff directly\\nresponsible for the patient's care of the cancellation. Such\\ncancellation does not preclude the entry of a new order pursuant to this\\narticle.\\n 3. For purposes of this section, an order not to resuscitate issued by\\na general hospital as defined in subdivision ten of section twenty-eight\\nhundred one of this chapter, or by a residential health care facility as\\ndefined in subdivision three of section twenty-eight hundred one of this\\nchapter, shall be deemed a hospital order not to resuscitate.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2972", "title" : "Dispute mediation system", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2017-12-01", "2018-06-01", "2019-12-27", "2020-06-19", "2023-12-29" ], "docLevelId" : "2972", "activeDate" : "2018-06-01", "sequenceNo" : 1211, "repealedDate" : null, "fromSection" : "2972", "toSection" : "2972", "text" : " § 2972. Dispute mediation system. 1. (a) Each hospital shall\\nestablish a mediation system for the purpose of mediating disputes\\nregarding the issuance of orders not to resuscitate.\\n (b) The dispute mediation system shall be described in writing and\\nadopted by the hospital's governing authority. It may utilize existing\\nhospital resources, such as a patient advocate's office or hospital\\nchaplain's office, or it may utilize a body created specifically for\\nthis purpose, but, in the event a dispute involves a patient deemed to\\nlack capacity pursuant to (i) paragraph (b) of subdivision three of\\nsection twenty-nine hundred sixty-three of this article, the system must\\ninclude a physician or nurse practitioner eligible to provide a\\nconcurring determination pursuant to such subdivision, or a family\\nmember or guardian of the person of a person with a mental illness of\\nthe same or similar nature, or (ii) paragraph (c) of subdivision three\\nof section twenty-nine hundred sixty-three of this article, the system\\nmust include a physician or nurse practitioner eligible to provide a\\nconcurring determination pursuant to such subdivision, or a family\\nmember or guardian of the person of a person with a developmental\\ndisability of the same or similar nature.\\n 2. The dispute mediation system shall be authorized to mediate any\\ndispute, including disputes regarding the determination of the patient's\\ncapacity, arising under this article between the patient and an\\nattending physician, attending nurse practitioner or the hospital that\\nis caring for the patient and, if the patient is a minor, the patient's\\nparent, or among an attending physician, an attending nurse\\npractitioner, a parent, non-custodial parent, or legal guardian of a\\nminor patient, any person on the surrogate list, and the hospital that\\nis caring for the patient.\\n 3. After a dispute regarding the issuance of an order not to\\nresuscitate has been submitted to the dispute mediation system, an order\\nnot to resuscitate shall not be issued or shall be revoked and may not\\nbe reissued until (a) the dispute has been resolved or the system has\\nconcluded its effort to resolve the dispute or (b) seventy-two hours\\nhave elapsed from the time of the submission of the dispute, whichever\\nshall occur first. Persons participating in the dispute mediation system\\nshall be informed of their right to judicial review.\\n 4. If a dispute between a patient who expressed a decision rejecting\\ncardiopulmonary resuscitation and an attending physician, attending\\nnurse practitioner or the hospital that is caring for the patient is\\nsubmitted to the dispute mediation system, and either:\\n (a) the dispute mediation system has concluded its efforts to resolve\\nthe dispute, or\\n (b) seventy-two hours have elapsed from the time of submission without\\nresolution of the dispute, whichever shall occur first, the attending\\nphysician or attending nurse practitioner shall either: (i) promptly\\nissue an order not to resuscitate the patient or issue the order at such\\ntime as the conditions, if any, specified in the decision are met, and\\ninform the hospital staff responsible for the patient's care of the\\norder; or (ii) promptly arrange for the transfer of the patient to\\nanother physician, nurse practitioner or hospital.\\n 5. Persons appointed pursuant to this section to participate in the\\ndispute mediation system shall not have authority to determine whether a\\ndo not resuscitate order shall be issued.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2973", "title" : "Judicial review", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2017-12-01", "2018-06-01", "2019-12-27", "2020-06-19", "2023-12-29" ], "docLevelId" : "2973", "activeDate" : "2018-06-01", "sequenceNo" : 1212, "repealedDate" : null, "fromSection" : "2973", "toSection" : "2973", "text" : " § 2973. Judicial review. 1. The patient, an attending physician,\\nattending nurse practitioner, a parent, non-custodial parent, or legal\\nguardian of a minor patient, any person on the surrogate list, the\\nhospital that is caring for the patient and the facility director, may\\ncommence a special proceeding pursuant to article four of the civil\\npractice law and rules, in a court of competent jurisdiction, with\\nrespect to any dispute arising under this article, except that the\\ndecision of a patient not to consent to issuance of an order not to\\nresuscitate may not be subjected to judicial review. In any proceeding\\nbrought pursuant to this subdivision challenging a decision regarding\\nissuance of an order not to resuscitate on the ground that the decision\\nis contrary to the patient's wishes or best interests, the person or\\nentity challenging the decision must show, by clear and convincing\\nevidence, that the decision is contrary to the patient's wishes\\nincluding consideration of the patient's religious and moral beliefs,\\nor, in the absence of evidence of the patient's wishes, that the\\ndecision is contrary to the patient's best interests. In any other\\nproceeding brought pursuant to this subdivision, the court shall make\\nits determination based upon the applicable substantive standards and\\nprocedures set forth in this article.\\n 2. In any proceeding brought pursuant to this section, the court may\\nissue an order, pursuant to the standards applicable to the issuance of\\na temporary restraining order according to section six thousand three\\nhundred thirteen of the civil practice law and rules, which shall\\nsuspend the order not to resuscitate to permit review of the matter by\\nthe court.\\n 3. Where a person or entity may invoke the dispute mediation system,\\nno such proceeding shall be commenced until the dispute mediation system\\nhas concluded its efforts to resolve the dispute or seventy-two hours\\nhave elapsed from the submission of the dispute to the dispute mediation\\nsystem, whichever shall occur first, provided, however, that the patient\\nmay commence an action for relief with respect to any dispute under this\\narticle at any time and provided further that the department of health\\nor any other duly authorized state agency may commence an action or\\nproceeding to enjoin a violation of this article at any time.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2974", "title" : "Immunity", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2023-12-29" ], "docLevelId" : "2974", "activeDate" : "2014-09-22", "sequenceNo" : 1213, "repealedDate" : null, "fromSection" : "2974", "toSection" : "2974", "text" : " § 2974. Immunity. 1. No physician, health care professional, nurse's\\naide, hospital or person employed by or under contract with the hospital\\nshall be subject to criminal prosecution, civil liability, or be deemed\\nto have engaged in unprofessional conduct for carrying out in good faith\\npursuant to this article a decision regarding cardiopulmonary\\nresuscitation by or on behalf of a patient or for those actions taken in\\ncompliance with the standards and procedures set forth in this article.\\n 2. No physician, health care professional, nurse's aide, hospital, or\\nperson employed by or under contract with the hospital shall be\\nsubjected to criminal prosecution, civil liability, or be deemed to have\\nengaged in unprofessional conduct for providing cardiopulmonary\\nresuscitation to a patient for whom an order not to resuscitate has been\\nissued, provided such physician or person;\\n (a) reasonably and in good faith was unaware of the issuance of an\\norder not to resuscitate; or\\n (b) reasonably and in good faith believed that consent to the order\\nnot to resuscitate had been revoked or cancelled.\\n 3. No person shall be subject to criminal prosecution or civil\\nliability for consenting or declining to consent in good faith, on\\nbehalf of a patient, to the issuance of an order not to resuscitate\\npursuant to this article.\\n 4. No person shall be subject to criminal prosecution or civil\\nliability or be deemed to have engaged in unprofessional conduct for\\nacts performed in good faith as a mediator in the dispute mediation\\nsystem established by this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2975", "title" : "Effect of order not to resuscitate on insurance and health care services", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2023-12-29" ], "docLevelId" : "2975", "activeDate" : "2014-09-22", "sequenceNo" : 1214, "repealedDate" : null, "fromSection" : "2975", "toSection" : "2975", "text" : " § 2975. Effect of order not to resuscitate on insurance and health\\ncare services. 1. No policy of life insurance shall be legally impaired,\\nmodified, or invalidated in any manner by the issuance of an order not\\nto resuscitate notwithstanding any term of the policy to the contrary.\\n 2. A person may not prohibit or require the issuance of an order not\\nto resuscitate for an individual as a condition for such individual's\\nbeing insured or for receiving health care services.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2976", "title" : "Judicially approved order not to resuscitate", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2017-12-01", "2018-06-01", "2019-12-27", "2020-06-19", "2023-12-29" ], "docLevelId" : "2976", "activeDate" : "2018-06-01", "sequenceNo" : 1215, "repealedDate" : null, "fromSection" : "2976", "toSection" : "2976", "text" : " § 2976. Judicially approved order not to resuscitate. 1. If no\\nsurrogate is reasonably available, willing to make a decision regarding\\nissuance of an order not to resuscitate, and competent to make a\\ndecision regarding issuance of an order not to resuscitate on behalf of\\nan adult patient who lacks capacity and who had not previously expressed\\na decision regarding cardiopulmonary resuscitation pursuant to this\\narticle, an attending physician or attending nurse practitioner or\\nhospital may commence a special proceeding pursuant to article four of\\nthe civil practice law and rules, in a court of competent jurisdiction,\\nfor a judgment directing the physician or nurse practitioner to issue an\\norder not to resuscitate where the patient has a terminal condition, is\\npermanently unconscious, or resuscitation would impose an extraordinary\\nburden on the patient in light of the patient's medical condition and\\nthe expected outcome of resuscitation for the patient, and issuance of\\nan order not to resuscitate is consistent with the patient's wishes\\nincluding a consideration of the patient's religious and moral beliefs\\nor, in the absence of evidence of the patient's wishes, the patient's\\nbest interests.\\n 2. Nothing in this article shall be construed to preclude a court of\\ncompetent jurisdiction from approving the issuance of an order not to\\nresuscitate under circumstances other than those under which such an\\norder may be issued pursuant to this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2978", "title" : "Regulations", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2019-12-20", "2023-12-29" ], "docLevelId" : "2978", "activeDate" : "2014-09-22", "sequenceNo" : 1216, "repealedDate" : null, "fromSection" : "2978", "toSection" : "2978", "text" : " § 2978. Regulations. The commissioners of mental health and mental\\nretardation and developmental disabilities shall establish such\\nregulations as may be necessary for implementation of this article with\\nrespect to those persons in mental hygiene facilities.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2979", "title" : "Rights to be publicized", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2019-12-20", "2023-12-29" ], "docLevelId" : "2979", "activeDate" : "2014-09-22", "sequenceNo" : 1217, "repealedDate" : null, "fromSection" : "2979", "toSection" : "2979", "text" : " § 2979. Rights to be publicized. 1. The commissioners of mental health\\nand mental retardation and developmental disabilities shall prepare a\\nstatement summarizing the rights, duties, and requirements of this\\narticle and shall require that a copy of such statement:\\n (a) be furnished by the hospital to patients or to persons on the\\nsurrogate list known to the hospital at or prior to the time of\\nadmission to the hospital, and at the time of the first decision made\\npursuant to sections twenty-nine hundred sixty-four, twenty-nine hundred\\nsixty-five, twenty-nine hundred sixty-six, or twenty-nine hundred\\nsixty-seven of this article or as soon thereafter as practicable and to\\neach member of the hospital's staff involved in the provision of medical\\ncare; and\\n (b) is posted in a public place in each hospital.\\n 2. The statement of rights required by this section may be included in\\nany other statement of patient's rights required by other provisions of\\nthis chapter.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 19 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A29-C", "title" : "Health Care Agents and Proxies", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "29-C", "activeDate" : "2014-09-22", "sequenceNo" : 1218, "repealedDate" : null, "fromSection" : "2980", "toSection" : "2994", "text" : " ARTICLE 29-C\\n HEALTH CARE AGENTS AND PROXIES\\nSection 2980. Definitions.\\n 2981. Appointment of health care agent; health care proxy.\\n 2982. Rights and duties of agent.\\n 2983. Determination of lack of capacity to make health care\\n decisions for the purpose of empowering agent.\\n 2984. Provider's obligations.\\n 2985. Revocation.\\n 2986. Immunity.\\n 2987. Liability for health care costs.\\n 2988. Requiring or prohibiting execution of proxy.\\n 2989. Effect on other rights.\\n 2990. Proxies executed in other states.\\n 2991. Creation and use of proxies in residential health care and\\n mental hygiene facilities.\\n 2992. Special proceeding authorized.\\n 2993. Regulations.\\n 2994. Rights to be publicized.\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2980", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2018-11-09", "2019-02-08", "2019-12-20", "2019-12-27", "2020-06-19" ], "docLevelId" : "2980", "activeDate" : "2019-02-08", "sequenceNo" : 1219, "repealedDate" : null, "fromSection" : "2980", "toSection" : "2980", "text" : " § 2980. Definitions. The following words or phrases, used in this\\narticle, shall have the following meanings, unless the context otherwise\\nrequires:\\n 1. \"Adult\" means any person who is eighteen years of age or older, or\\nis the parent of a child, or has married.\\n 2. \"Attending physician\" means the physician, selected by or assigned\\nto a patient, who has primary responsibility for the treatment and care\\nof the patient. Where more than one physician shares such\\nresponsibility, or where a physician is acting on the attending\\nphysician's behalf, any such physician may act as the attending\\nphysician pursuant to this article.\\n 2-a. \"Nurse practitioner\" means a nurse practitioner certified under\\nsection sixty-nine hundred ten of the education law, practicing within\\nhis or her scope of practice.\\n 2-b. \"Psychiatric nurse practitioner\" means a nurse practitioner\\ncertified by the department of education as a psychiatric nurse\\npractitioner.\\n 2-c. \"Attending nurse practitioner\" means the nurse practitioner,\\nselected by or assigned to a patient, who has primary responsibility for\\nthe treatment and care of the patient. Where more than one nurse\\npractitioner shares such responsibility, or where a nurse practitioner\\nis acting on the attending nurse practitioner's behalf, any such nurse\\npractitioner may act as the attending nurse practitioner pursuant to\\nthis article.\\n 3. \"Capacity to make health care decisions\" means the ability to\\nunderstand and appreciate the nature and consequences of health care\\ndecisions, including the benefits and risks of and alternatives to any\\nproposed health care, and to reach an informed decision.\\n 4. \"Health care\" means any treatment, service or procedure to diagnose\\nor treat an individual's physical or mental condition.\\n 5. \"Health care agent\" or \"agent\" means an adult to whom authority to\\nmake health care decisions is delegated under a health care proxy.\\n 6. \"Health care decision\" means any decision to consent or refuse to\\nconsent to health care.\\n 7. \"Health care provider\" means an individual or facility licensed,\\ncertified, or otherwise authorized or permitted by law to administer\\nhealth care in the ordinary course of business or professional practice.\\n 8. \"Health care proxy\" means a document delegating the authority to\\nmake health care decisions, executed in accordance with the requirements\\nof this article.\\n 9. \"Hospital\" means a general hospital as defined in subdivision ten\\nof section two thousand eight hundred one of this chapter and a\\nresidential health care facility as defined in subdivision three of\\nsection two thousand eight hundred one of this chapter, and a mental\\nhygiene facility as defined in subdivision ten of this section and a\\nhospice as defined in subdivision one of section four thousand two of\\nthis chapter.\\n 9-a. \"Life-sustaining treatment\" means any medical treatment or\\nprocedure without which the patient will die within a relatively short\\ntime, as determined by an attending physician to a reasonable degree of\\nmedical certainty. For purposes of this article, cardiopulmonary\\nresuscitation is presumed to be a life sustaining treatment without the\\nnecessity of a determination by an attending physician.\\n 10. \"Mental hygiene facility\" means a residential facility, excluding\\nfamily care homes, operated or licensed by the office of mental health\\nor the office of mental retardation and developmental disabilities.\\n 11. \"Mental illness\" means a mental illness as defined in subdivision\\ntwenty of section 1.03 of the mental hygiene law, provided, however,\\nthat mental illness shall not include dementia, such as alzheimer's\\ndisease or other disorders related to dementia.\\n 12. \"Principal\" means a person who has executed a health care proxy.\\n 13. \"Reasonably available\" means that a person to be contacted can be\\ncontacted with diligent efforts by an attending physician or another\\nperson acting on behalf of the attending physician or the hospital.\\n 14. \"Residential health care facility\" means a residential health care\\nfacility as defined in subdivision three of section two thousand eight\\nhundred one of this chapter.\\n 15. \"Qualified psychiatrist\" means, for the purposes of this article,\\na physician licensed to practice medicine in New York state who: (a) is\\na diplomate of the American Board of Psychiatry and Neurology or is\\neligible to be certified by that board; or (b) is certified by the\\nAmerican Osteopathic Board of Neurology and Psychiatry or is eligible to\\nbe certified by that board.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2981", "title" : "Appointment of health care agent; health care proxy", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2018-11-09", "2019-02-08", "2019-12-27", "2020-06-19", "2023-11-26", "2024-12-27", "2025-03-28" ], "docLevelId" : "2981", "activeDate" : "2019-02-08", "sequenceNo" : 1220, "repealedDate" : null, "fromSection" : "2981", "toSection" : "2981", "text" : " § 2981. Appointment of health care agent; health care proxy. 1.\\nAuthority to appoint agent; presumption of competence. (a) A competent\\nadult may appoint a health care agent in accordance with the terms of\\nthis article.\\n (b) For the purposes of this section, every adult shall be presumed\\ncompetent to appoint a health care agent unless such person has been\\nadjudged incompetent or otherwise adjudged not competent to appoint a\\nhealth care agent, or unless a committee or guardian of the person has\\nbeen appointed for the adult pursuant to article seventy-eight of the\\nmental hygiene law or article seventeen-A of the surrogate's court\\nprocedure act.\\n 2. Health care proxy; execution; witnesses. (a) A competent adult may\\nappoint a health care agent by a health care proxy, signed and dated by\\nthe adult in the presence of two adult witnesses who shall also sign the\\nproxy. Another person may sign and date the health care proxy for the\\nadult if the adult is unable to do so, at the adult's direction and in\\nthe adult's presence, and in the presence of two adult witnesses who\\nshall sign the proxy. The witnesses shall state that the principal\\nappeared to execute the proxy willingly and free from duress. The person\\nappointed as agent shall not act as witness to execution of the health\\ncare proxy.\\n (b) For persons who reside in a mental hygiene facility operated or\\nlicensed by the office of mental health, at least one witness shall be\\nan individual who is not affiliated with the facility and, if the mental\\nhygiene facility is also a hospital as defined in subdivision ten of\\nsection 1.03 of the mental hygiene law, at least one witness shall be a\\nqualified psychiatrist or psychiatric nurse practitioner.\\n (c) For persons who reside in a mental hygiene facility operated or\\nlicensed by the office for people with developmental disabilities, at\\nleast one witness shall be an individual who is not affiliated with the\\nfacility and at least one witness shall be a physician, nurse\\npractitioner or clinical psychologist who either is employed by a\\ndevelopmental disabilities services office named in section 13.17 of the\\nmental hygiene law or who has been employed for a minimum of two years\\nto render care and service in a facility operated or licensed by the\\noffice for people with developmental disabilities, or has been approved\\nby the commissioner of developmental disabilities in accordance with\\nregulations approved by the commissioner. Such regulations shall require\\nthat a physician, nurse practitioner or clinical psychologist possess\\nspecialized training or three years experience in treating developmental\\ndisabilities.\\n 3. Restrictions on who may be and limitations on a health care agent.\\n(a) An operator, administrator or employee of a hospital may not be\\nappointed as a health care agent by any person who, at the time of the\\nappointment, is a patient or resident of, or has applied for admission\\nto, such hospital.\\n (b) The restriction in paragraph (a) of this subdivision shall not\\napply to:\\n (i) an operator, administrator or employee of a hospital who is\\nrelated to the principal by blood, marriage or adoption; or\\n (ii) a physician or nurse practitioner, subject to the limitation set\\nforth in paragraph (c) of this subdivision, except that no physician or\\nnurse practitioner affiliated with a mental hygiene facility or a\\npsychiatric unit of a general hospital may serve as agent for a\\nprincipal residing in or being treated by such facility or unit unless\\nthe physician is related to the principal by blood, marriage or\\nadoption.\\n (c) If a physician or nurse practitioner is appointed agent, the\\nphysician or nurse practitioner shall not act as the patient's attending\\nphysician or attending nurse practitioner after the authority under the\\nhealth care proxy commences, unless the physician or nurse practitioner\\ndeclines the appointment as agent at or before such time.\\n (d) No person who is not the spouse, child, parent, brother, sister or\\ngrandparent of the principal, or is the issue of, or married to, such\\nperson, shall be appointed as a health care agent if, at the time of\\nappointment, he or she is presently appointed health care agent for ten\\nprincipals.\\n 4. Commencement of agent's authority. The agent's authority shall\\ncommence upon a determination, made pursuant to subdivision one of\\nsection two thousand nine hundred eighty-three of this article, that the\\nprincipal lacks capacity to make health care decisions.\\n 5. Contents and form of health care proxy. (a) The health care proxy\\nshall:\\n (i) identify the principal and agent; and\\n (ii) indicate that the principal intends the agent to have authority\\nto make health care decisions on the principal's behalf.\\n (b) The health care proxy may include the principal's wishes or\\ninstructions about health care decisions, and limitations upon the\\nagent's authority.\\n (c) The health care proxy may provide that it expires upon a specified\\ndate or upon the occurrence of a certain condition. If no such date or\\ncondition is set forth in the proxy, the proxy shall remain in effect\\nuntil revoked. If, prior to the expiration of a proxy, the authority of\\nthe agent has commenced, the proxy shall not expire while the principal\\nlacks capacity.\\n (d) A health care proxy may, but need not, be in the following form:\\n Health Care Proxy\\n I (name of principal) hereby appoint (name,\\nhome address and telephone number of agent) as my health care agent to\\nmake any and all health care decisions for me, except to the extent I\\nstate otherwise.\\n This health care proxy shall take effect in the event I become unable\\nto make my own health care decisions.\\n NOTE: Although not necessary, and neither encouraged nor discouraged,\\nyou may wish to state instructions or wishes, and limit your agent's\\nauthority. Unless your agent knows your wishes about artificial\\nnutrition and hydration, your agent will not have authority to decide\\nabout artificial nutrition and hydration. If you choose to state\\ninstructions, wishes, or limits, please do so below:\\n ______________________________________________________________________\\n ______________________________________________________________________\\n ______________________________________________________________________\\n I direct my agent to make health care decisions in accordance with my\\nwishes and instructions as stated above or as otherwise known to him or\\nher. I also direct my agent to abide by any limitations on his or her\\nauthority as stated above or as otherwise known to him or her.\\n In the event the person I appoint above is unable, unwilling or\\nunavailable to act as my health care agent, I hereby appoint (name, home\\naddress and telephone number of alternate agent) as my health care\\nagent.\\n I understand that, unless I revoke it, this proxy will remain in\\neffect indefinitely or until the date or occurrence of the condition I\\nhave stated below:\\n (Please complete the following if you do NOT want this health care\\nproxy to be in effect indefinitely):\\n This proxy shall expire: (Specify date or condition)\\nSignature:\\n Address:\\n Date:\\n I declare that the person who signed or asked another to sign this\\ndocument is personally known to me and appears to be of sound mind and\\nacting willingly and free from duress. He or she signed (or asked\\nanother to sign for him or her) this document in my presence and that\\nperson signed in my presence. I am not the person appointed as agent by\\nthis document.\\n Witness:\\n Address:\\n Witness:\\n Address:\\n (e) The health care proxy shall not be executed on a form or other\\nwriting that also includes the execution of a power of attorney,\\nprovided, however, that nothing in this paragraph shall invalidate a\\ndelegation of the authority to make health care decisions executed prior\\nto the enactment of this article.\\n (f) A health care proxy may include the principal's wishes or\\ninstructions regarding organ and tissue donation and may limit the\\nhealth care agent's authority to consent to organ or tissue donation or\\ndesignate another person to do so, under article forty-three of this\\nchapter. Failure to state wishes or instructions shall not be construed\\nto imply a wish not to donate.\\n 6. Alternate agent. (a) A competent adult may designate an alternate\\nagent in the health care proxy to serve in place of the agent when:\\n (i) the attending physician or attending nurse practitioner has\\ndetermined in a writing signed by the physician or nurse practitioner\\n(A) that the person appointed as agent is not reasonably available,\\nwilling and competent to serve as agent, and (B) that such person is not\\nexpected to become reasonably available, willing and competent to make a\\ntimely decision given the patient's medical circumstances;\\n (ii) the agent is disqualified from acting on the principal's behalf\\npursuant to subdivision three of this section or subdivision two of\\nsection two thousand nine hundred ninety-two of this article, or\\n (iii) under conditions set forth in the proxy.\\n (b) If, after an alternate agent's authority commences, the person\\nappointed as agent becomes available, willing and competent to serve as\\nagent:\\n (i) the authority of the alternate agent shall cease and the authority\\nof the agent shall commence; and\\n (ii) the attending physician or attending nurse practitioner shall\\nrecord the change in agent and the reasons therefor in the principal's\\nmedical record.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2982", "title" : "Rights and duties of agent", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2024-12-27", "2025-03-28" ], "docLevelId" : "2982", "activeDate" : "2014-09-22", "sequenceNo" : 1221, "repealedDate" : null, "fromSection" : "2982", "toSection" : "2982", "text" : " § 2982. Rights and duties of agent. 1. Scope of authority. Subject to\\nany express limitations in the health care proxy, an agent shall have\\nthe authority to make any and all health care decisions on the\\nprincipal's behalf that the principal could make. Such authority shall\\nbe subject to the provisions of section twenty-nine hundred eighty-nine\\nof this article.\\n 2. Decision-making standard. After consultation with a licensed\\nphysician, registered nurse, licensed psychologist, licensed master\\nsocial worker, or a licensed clinical social worker, the agent shall\\nmake health care decisions: (a) in accordance with the principal's\\nwishes, including the principal's religious and moral beliefs; or (b) if\\nthe principal's wishes are not reasonably known and cannot with\\nreasonable diligence be ascertained, in accordance with the principal's\\nbest interests; provided, however, that if the principal's wishes\\nregarding the administration of artificial nutrition and hydration are\\nnot reasonably known and cannot with reasonable diligence be\\nascertained, the agent shall not have the authority to make decisions\\nregarding these measures.\\n 3. Right to receive information. Notwithstanding any law to the\\ncontrary, the agent shall have the right to receive medical information\\nand medical and clinical records necessary to make informed decisions\\nregarding the principal's health care.\\n 4. Priority over other surrogates. Health care decisions by an agent\\non a principal's behalf pursuant to this article shall have priority\\nover decisions by any other person, except as otherwise provided in the\\nhealth care proxy or in subdivision five of section two thousand nine\\nhundred eighty-three of this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2983", "title" : "Determination of lack of capacity to make health care decisions for the purpose of empowering agent", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2018-11-09", "2019-02-08", "2019-12-27", "2020-06-19", "2024-12-27", "2025-03-28" ], "docLevelId" : "2983", "activeDate" : "2019-02-08", "sequenceNo" : 1222, "repealedDate" : null, "fromSection" : "2983", "toSection" : "2983", "text" : " § 2983. Determination of lack of capacity to make health care\\ndecisions for the purpose of empowering agent. 1. Determination by\\nattending physician or attending nurse practitioner. (a) A determination\\nthat a principal lacks capacity to make health care decisions shall be\\nmade by the attending physician or attending nurse practitioner to a\\nreasonable degree of medical certainty. The determination shall be made\\nin writing and shall contain such attending physician's or attending\\nnurse practitioner's opinion regarding the cause and nature of the\\nprincipal's incapacity as well as its extent and probable duration. The\\ndetermination shall be included in the patient's medical record. For a\\ndecision to withdraw or withhold life-sustaining treatment, the\\nattending physician or attending nurse practitioner who makes the\\ndetermination that a principal lacks capacity to make health care\\ndecisions must consult with another physician or nurse practitioner to\\nconfirm such determination. Such consultation shall also be included\\nwithin the patient's medical record.\\n (b) If an attending physician or attending nurse practitioner of a\\npatient in a general hospital or mental hygiene facility determines that\\na patient lacks capacity because of mental illness, the attending\\nphysician or attending nurse practitioner who makes the determination\\nmust be, or must consult, for the purpose of confirming the\\ndetermination, with a qualified psychiatrist. A record of such\\nconsultation shall be included in the patient's medical record.\\n (c) If the attending physician or attending nurse practitioner\\ndetermines that a patient lacks capacity because of a developmental\\ndisability, the attending physician or attending nurse practitioner who\\nmakes the determination must be, or must consult, for the purpose of\\nconfirming the determination, with a physician, nurse practitioner or\\nclinical psychologist who either is employed by a developmental\\ndisabilities services office named in section 13.17 of the mental\\nhygiene law, or who has been employed for a minimum of two years to\\nrender care and service in a facility operated or licensed by the office\\nfor people with developmental disabilities, or has been approved by the\\ncommissioner of developmental disabilities in accordance with\\nregulations promulgated by such commissioner. Such regulations shall\\nrequire that a physician, nurse practitioner or clinical psychologist\\npossess specialized training or three years experience in treating\\ndevelopmental disabilities. A record of such consultation shall be\\nincluded in the patient's medical record.\\n (d) A physician or nurse practitioner who has been appointed as a\\npatient's agent shall not make the determination of the patient's\\ncapacity to make health care decisions.\\n 2. Request for a determination. If requested by the agent, an\\nattending physician or attending nurse practitioner shall make a\\ndetermination regarding the principal's capacity to make health care\\ndecisions for the purposes of this article.\\n 3. Notice of determination. Notice of a determination that a principal\\nlacks capacity to make health care decisions shall promptly be given:\\n(a) to the principal, orally and in writing, where there is any\\nindication of the principal's ability to comprehend such notice; (b) to\\nthe agent; (c) if the principal is in or is transferred from a mental\\nhygiene facility, to the facility director; and (d) to the conservator\\nfor, or committee of, the principal.\\n 4. Limited purpose of determination. A determination made pursuant to\\nthis section that a principal lacks capacity to make health care\\ndecisions shall not be construed as a finding that the patient lacks\\ncapacity for any other purpose.\\n 5. Priority of principal's decision. Notwithstanding a determination\\npursuant to this section that the principal lacks capacity to make\\nhealth care decisions, where a principal objects to the determination of\\nincapacity or to a health care decision made by an agent, the\\nprincipal's objection or decision shall prevail unless the principal is\\ndetermined by a court of competent jurisdiction to lack capacity to make\\nhealth care decisions.\\n 6. Confirmation of lack of capacity. (a) The attending physician or\\nattending nurse practitioner shall confirm the principal's continued\\nincapacity before complying with an agent's health care decisions, other\\nthan those decisions made at or about the time of the initial\\ndetermination made pursuant to subdivision one of this section. The\\nconfirmation shall be stated in writing and shall be included in the\\nprincipal's medical record.\\n (b) The notice requirements set forth in subdivision three of this\\nsection shall not apply to the confirmation required by this\\nsubdivision.\\n 7. Effect of recovery of capacity. In the event the attending\\nphysician or attending nurse practitioner determines that the principal\\nhas regained capacity, the authority of the agent shall cease, but shall\\nrecommence if the principal subsequently loses capacity as determined\\npursuant to this section.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2984", "title" : "Provider's obligations", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2984", "activeDate" : "2014-09-22", "sequenceNo" : 1223, "repealedDate" : null, "fromSection" : "2984", "toSection" : "2984", "text" : " § 2984. Provider's obligations. 1. A health care provider who is\\nprovided with a health care proxy shall arrange for the proxy or a copy\\nthereof to be inserted in the principal's medical record if the health\\ncare proxy has not been included in such record.\\n 2. A health care provider shall comply with health care decisions made\\nby an agent in good faith under a health care proxy to the same extent\\nas if such decisions had been made by the principal, subject to any\\nlimitations in the health care proxy and pursuant to the provisions of\\nsubdivision five of section two thousand nine hundred eighty-three of\\nthis article.\\n 3. Notwithstanding subdivision two of this section, nothing in this\\narticle shall be construed to require a private hospital to honor an\\nagent's health care decision that the hospital would not honor if the\\ndecision had been made by the principal because the decision is contrary\\nto a formally adopted policy of the hospital that is expressly based on\\nreligious beliefs or sincerely held moral convictions central to the\\nfacility's operating principles and the hospital would be permitted by\\nlaw to refuse to honor the decision if made by the principal, provided:\\n (a) the hospital has informed the patient or the health care agent of\\nsuch policy prior to or upon admission, if reasonably possible; and\\n (b) the patient is transferred promptly to another hospital that is\\nreasonably accessible under the circumstances and is willing to honor\\nthe agent's decision and pending transfer the hospital complies with\\nsubdivision five of this section. If the agent is unable or unwilling to\\narrange such a transfer, the hospital may intervene to facilitate such a\\ntransfer. If such a transfer is not effected, the hospital shall seek\\njudicial relief in accordance with section twenty-nine hundred\\nninety-two of this article or honor the agent's decision.\\n 4. Notwithstanding subdivision two of this section, nothing in this\\narticle shall be construed to require an individual as a health care\\nprovider to honor an agent's health care decision that the individual\\nwould not honor if the decision had been made by the principal because\\nthe decision is contrary to the individual's religious beliefs or\\nsincerely held moral convictions, provided the individual health care\\nprovider promptly informs the health care agent and the hospital of his\\nor her refusal to honor the agent's decision. In such event, the\\nhospital shall promptly transfer responsibility for the patient to\\nanother individual health care provider willing to honor the agent's\\ndecision. The individual health care provider shall cooperate in\\nfacilitating such transfer of the patient and comply with subdivision\\nfive of this section.\\n 5. Notwithstanding the provisions of this section or subdivision two\\nof section twenty-nine hundred eighty-nine of this article, if an agent\\ndirects the provision of life-sustaining treatment, the denial of which\\nin reasonable medical judgment would be likely to result in the death of\\nthe patient, a hospital or individual health care provider that does not\\nwish to provide such treatment shall nonetheless comply with the agent's\\ndecision pending either transfer of the patient to a willing hospital or\\nindividual health care provider, or judicial review in accordance with\\nsection twenty-nine hundred ninety-two of this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2985", "title" : "Revocation", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2018-11-09", "2019-02-08", "2019-12-27", "2020-06-19" ], "docLevelId" : "2985", "activeDate" : "2019-02-08", "sequenceNo" : 1224, "repealedDate" : null, "fromSection" : "2985", "toSection" : "2985", "text" : " § 2985. Revocation. 1. Means of revoking proxy. (a) A competent adult\\nmay revoke a health care proxy by notifying the agent or a health care\\nprovider orally or in writing or by any other act evidencing a specific\\nintent to revoke the proxy.\\n (b) For the purposes of this section, every adult shall be presumed\\ncompetent unless determined otherwise pursuant to court order.\\n (c) A health care proxy shall also be revoked upon execution by the\\nprincipal of a subsequent health care proxy.\\n (d) The creation by the principal of written wishes or instructions\\nabout health care, or limitations upon the agent's authority, shall not\\nrevoke a health care proxy unless such wishes, instructions or\\nlimitations expressly provide otherwise. Such wishes, instructions or\\nlimitations shall constitute evidence of the principal's wishes for\\npurposes of subdivision two of section two thousand nine hundred\\neighty-two of this article.\\n (e) The appointment of the principal's spouse as health care agent\\nshall be revoked upon the divorce or legal separation of the principal\\nand spouse, unless the principal specifies otherwise.\\n 2. Duty to record revocation. (a) A physician or nurse practitioner\\nwho is informed of or provided with a revocation of a health care proxy\\nshall immediately (i) record the revocation in the principal's medical\\nrecord and (ii) notify the agent and the medical staff responsible for\\nthe principal's care of the revocation.\\n (b) Any member of the staff of a health care provider informed of or\\nprovided with a revocation of a health care proxy pursuant to this\\nsection shall immediately notify a physician or nurse practitioner of\\nsuch revocation.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2986", "title" : "Immunity", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2986", "activeDate" : "2014-09-22", "sequenceNo" : 1225, "repealedDate" : null, "fromSection" : "2986", "toSection" : "2986", "text" : " § 2986. Immunity. 1. Provider immunity. No health care provider or\\nemployee thereof shall be subjected to criminal or civil liability, or\\nbe deemed to have engaged in unprofessional conduct, for honoring in\\ngood faith a health care decision by an agent, or for other actions\\ntaken in good faith pursuant to this article.\\n 2. Agent immunity. No person acting as agent pursuant to a health care\\nproxy shall be subjected to criminal or civil liability for making a\\nhealth care decision in good faith pursuant to this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2987", "title" : "Liability for health care costs", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2987", "activeDate" : "2014-09-22", "sequenceNo" : 1226, "repealedDate" : null, "fromSection" : "2987", "toSection" : "2987", "text" : " § 2987. Liability for health care costs. Liability for the cost of\\nhealth care provided pursuant to an agent's decision shall be the same\\nas if the health care were provided pursuant to the principal's\\ndecision.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2988", "title" : "Requiring or prohibiting execution of proxy", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2988", "activeDate" : "2014-09-22", "sequenceNo" : 1227, "repealedDate" : null, "fromSection" : "2988", "toSection" : "2988", "text" : " § 2988. Requiring or prohibiting execution of proxy. No person may\\nrequire or prohibit the execution of a health care proxy by an\\nindividual as a condition for providing health care services or\\ninsurance to such individual.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2989", "title" : "Effect on other rights", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2989", "activeDate" : "2014-09-22", "sequenceNo" : 1228, "repealedDate" : null, "fromSection" : "2989", "toSection" : "2989", "text" : " § 2989. Effect on other rights. 1. A competent adult's failure to\\nappoint a health care agent or to provide the agent with specific health\\ncare instructions pursuant to this article shall create no presumptions\\nregarding the adult's wishes about health care.\\n 2. Nothing in this article creates, expands, diminishes, impairs or\\nsupersedes any authority that a principal may have under law to make or\\nexpress decisions, wishes or instructions regarding health care,\\nincluding decisions about life sustaining treatment, whether or not\\nexpressed in a health care proxy.\\n 3. This article is not intended to permit or promote suicide, assisted\\nsuicide, or euthanasia; accordingly, nothing herein shall be construed\\nto permit an agent to consent to any act or omission to which the\\nprincipal could not consent under law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2990", "title" : "Proxies executed in other states", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2990", "activeDate" : "2014-09-22", "sequenceNo" : 1229, "repealedDate" : null, "fromSection" : "2990", "toSection" : "2990", "text" : " § 2990. Proxies executed in other states. A health care proxy or\\nsimilar instrument executed in another state or jurisdiction in\\ncompliance with the law of that state or jurisdiction shall be\\nconsidered validly executed for purposes of this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2991", "title" : "Creation and use of proxies in residential health care and mental hygiene facilities", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2019-12-20" ], "docLevelId" : "2991", "activeDate" : "2014-09-22", "sequenceNo" : 1230, "repealedDate" : null, "fromSection" : "2991", "toSection" : "2991", "text" : " § 2991. Creation and use of proxies in residential health care and\\nmental hygiene facilities. 1. Residential health care facilities and\\nmental hygiene facilities shall establish procedures:\\n (a) to provide information to adult residents about their right to\\ncreate a health care proxy under this article;\\n (b) to educate adult residents about the authority delegated under a\\nhealth care proxy, what a proxy may include or omit, and how a proxy is\\ncreated and revoked;\\n (c) to help ensure that each resident who creates a proxy while\\nresiding at the facility does so voluntarily.\\n 2. Such procedures shall be established in accordance with regulations\\nissued by the commissioners of health, mental health, and mental\\nretardation and developmental disabilities for facilities subject to\\ntheir respective regulatory authorities.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2992", "title" : "Special proceeding authorized", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2024-12-27", "2025-02-21", "2025-03-28" ], "docLevelId" : "2992", "activeDate" : "2014-09-22", "sequenceNo" : 1231, "repealedDate" : null, "fromSection" : "2992", "toSection" : "2992", "text" : " § 2992. Special proceeding authorized. The health care provider, the\\nconservator for, or committee of the principal, members of the\\nprincipal's family, a close friend of the principal as defined in\\nsubdivision five of section two thousand nine hundred sixty-one of this\\nchapter, or the commissioner of health, mental health, or developmental\\ndisabilities may commence a special proceeding pursuant to article four\\nof the civil practice law and rules, in a court of competent\\njurisdiction, with respect to any dispute arising under this article,\\nincluding, but not limited to, a proceeding to:\\n 1. determine the validity of the health care proxy;\\n 2. have the agent removed on the ground that the agent (a) is not\\nreasonably available, willing and competent to fulfill his or her\\nobligations under this article; (b) is acting in bad faith; or (c) is\\nthe subject of an order of protection protecting the principal or has\\nbeen arrested or charged for a criminal act that allegedly caused the\\nprincipal's lack of capacity or substantially injured or impaired the\\nhealth status of the principal, provided that the application of this\\nprovision in a particular case may be waived or modified in the interest\\nof justice; or\\n 3. override the agent's decision about health care treatment on the\\ngrounds that: (a) the decision was made in bad faith or (b) the decision\\nis not in accordance with the standards set forth in subdivision one or\\ntwo of section two thousand nine hundred eighty-two of this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2993", "title" : "Regulations", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2019-12-20", "2024-12-27", "2025-03-28" ], "docLevelId" : "2993", "activeDate" : "2014-09-22", "sequenceNo" : 1232, "repealedDate" : null, "fromSection" : "2993", "toSection" : "2993", "text" : " § 2993. Regulations. The commissioner of health, in consultation with\\nthe commissioners of the office of mental health and the office of\\nmental retardation and developmental disabilities, shall establish such\\nregulations as may be necessary for the implementation of this article,\\nsubject to the provisions of subdivision two of section two thousand\\nnine hundred ninety-one of this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2994", "title" : "Rights to be publicized", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2994", "activeDate" : "2014-09-22", "sequenceNo" : 1233, "repealedDate" : null, "fromSection" : "2994", "toSection" : "2994", "text" : " § 2994. Rights to be publicized. The commissioner of health shall\\nprepare a statement summarizing the rights, duties and requirements of\\nthis article and shall require that a copy of such statement:\\n 1. Be furnished to patients or their families at or prior to the time\\nof admission to a hospital, and to each member of the hospital's staff;\\nand\\n 2. Be posted in a public place in each hospital.\\n The statement of rights required by this section may be included in\\nany other statement of patients' rights required by other provisions of\\nthis chapter.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 15 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A29-CC", "title" : "Family Health Care Decisions Act", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22", "2017-12-08", "2019-12-27" ], "docLevelId" : "29-CC", "activeDate" : "2017-12-08", "sequenceNo" : 1234, "repealedDate" : null, "fromSection" : "2994-A", "toSection" : "2994-U", "text" : " ARTICLE 29-CC\\n FAMILY HEALTH CARE DECISIONS ACT\\nSection 2994-a. Definitions.\\n 2994-b. Applicability; priority of certain other surrogate\\n decision-making laws and regulations.\\n 2994-c. Determination of incapacity.\\n 2994-d. Health care decisions for adult patients by surrogates.\\n 2994-e. Decisions about life-sustaining treatment for minor\\n patients.\\n 2994-f. Obligations of attending physician or attending nurse\\n practitioner.\\n 2994-g. Health care decisions for adult patients without\\n surrogates.\\n 2994-i. Specific policies for orders not to resuscitate.\\n 2994-j. Revocation of consent.\\n 2994-k. Implementation and review of decisions.\\n 2994-l. Interinstitutional transfers.\\n 2994-m. Ethics review committees.\\n 2994-n. Conscience objections.\\n 2994-o. Immunity.\\n 2994-p. Liability for health care costs.\\n 2994-q. Effect on other rights.\\n 2994-r. Special proceeding authorized; court orders; health care\\n guardian for minor patient.\\n 2994-s. Remedy.\\n 2994-t. Regulations.\\n 2994-u. Rights to be publicized.\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2994-A", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2017-12-01", "2018-06-01", "2019-12-20", "2019-12-27", "2020-06-19", "2024-12-27", "2025-03-28" ], "docLevelId" : "2994-A", "activeDate" : "2018-06-01", "sequenceNo" : 1235, "repealedDate" : null, "fromSection" : "2994-A", "toSection" : "2994-A", "text" : " § 2994-a. Definitions. The following words or phrases, used in this\\narticle, shall have the following meanings, unless the context otherwise\\nrequires:\\n 1. \"Adult\" means any person who is eighteen years of age or older or\\nhas married.\\n 2. \"Attending physician\" means a physician, selected by or assigned to\\na patient pursuant to hospital policy, who has primary responsibility\\nfor the treatment and care of the patient. Where more than one physician\\nand/or nurse practitioner shares such responsibility, or where a\\nphysician or nurse practitioner is acting on the attending physician's\\nor attending nurse practitioner's behalf, any such physician or nurse\\npractitioner may act as an attending physician or attending nurse\\npractitioner pursuant to this article.\\n 2-a. \"Attending nurse practitioner\" means a nurse practitioner,\\nselected by or assigned to a patient pursuant to hospital policy, who\\nhas primary responsibility for the treatment and care of the patient.\\nWhere more than one physician and/or nurse practitioner shares such\\nresponsibility, or where a physician or nurse practitioner is acting on\\nthe attending physician's or attending nurse practitioner's behalf, any\\nsuch physician or nurse practitioner may act as an attending physician\\nor attending nurse practitioner pursuant to this article.\\n 3. \"Cardiopulmonary resuscitation\" means measures, as specified in\\nregulations promulgated by the commissioner, to restore cardiac function\\nor to support ventilation in the event of a cardiac or respiratory\\narrest. Cardiopulmonary resuscitation shall not include measures to\\nimprove ventilation and cardiac function in the absence of an arrest.\\n 4. \"Close friend\" means any person, eighteen years of age or older,\\nwho is a close friend of the patient, or a relative of the patient\\n(other than a spouse, adult child, parent, brother or sister), who has\\nmaintained such regular contact with the patient as to be familiar with\\nthe patient's activities, health, and religious or moral beliefs, and\\nwho presents a signed statement to that effect to the attending\\nphysician or attending nurse practitioner.\\n 5. \"Decision-making capacity\" means the ability to understand and\\nappreciate the nature and consequences of proposed health care,\\nincluding the benefits and risks of and alternatives to proposed health\\ncare, and to reach an informed decision.\\n 5-a. \"Decisions regarding hospice care\" means the decision to enroll\\nor disenroll in hospice, and consent to the hospice plan of care and\\nmodifications to that plan.\\n 6. \"Developmental disability\" means a developmental disability as\\ndefined in subdivision twenty-two of section 1.03 of the mental hygiene\\nlaw.\\n 7. \"Domestic partner\" means a person who, with respect to another\\nperson:\\n (a) is formally a party in a domestic partnership or similar\\nrelationship with the other person, entered into pursuant to the laws of\\nthe United States or of any state, local or foreign jurisdiction, or\\nregistered as the domestic partner of the other person with any registry\\nmaintained by the employer of either party or any state, municipality,\\nor foreign jurisdiction; or\\n (b) is formally recognized as a beneficiary or covered person under\\nthe other person's employment benefits or health insurance; or\\n (c) is dependent or mutually interdependent on the other person for\\nsupport, as evidenced by the totality of the circumstances indicating a\\nmutual intent to be domestic partners including but not limited to:\\ncommon ownership or joint leasing of real or personal property; common\\nhouseholding, shared income or shared expenses; children in common;\\nsigns of intent to marry or become domestic partners under paragraph (a)\\nor (b) of this subdivision; or the length of the personal relationship\\nof the persons.\\n Each party to a domestic partnership shall be considered to be the\\ndomestic partner of the other party. \"Domestic partner\" shall not\\ninclude a person who is related to the other person by blood in a manner\\nthat would bar marriage to the other person in New York state. \"Domestic\\npartner\" also shall not include any person who is less than eighteen\\nyears of age or who is the adopted child of the other person or who is\\nrelated by blood in a manner that would bar marriage in New York state\\nto a person who is the lawful spouse of the other person.\\n 8. \"Emancipated minor patient\" means a minor patient who is the parent\\nof a child, or who is sixteen years of age or older and living\\nindependently from his or her parents or guardian.\\n 9. \"Ethics review committee\" means the interdisciplinary committee\\nestablished in accordance with the requirements of section twenty-nine\\nhundred ninety-four-m of this article.\\n 10. \"General hospital\" means a general hospital as defined in\\nsubdivision ten of section twenty-eight hundred one of this chapter\\nexcluding a ward, wing, unit or other part of a general hospital\\noperated for the purpose of providing services for persons with mental\\nillness pursuant to an operating certificate issued by the commissioner\\nof mental health.\\n 11. \"Guardian of a minor\" or \"guardian\" means a health care guardian\\nor a legal guardian of the person of a minor.\\n 12. \"Health care\" means any treatment, service, or procedure to\\ndiagnose or treat an individual's physical or mental condition.\\nProviding nutrition or hydration orally, without reliance on medical\\ntreatment, is not health care under this article and is not subject to\\nthis article.\\n 13. \"Health care agent\" means a health care agent designated by an\\nadult pursuant to article twenty-nine-C of this chapter.\\n 14. \"Health care decision\" means any decision to consent or refuse to\\nconsent to health care.\\n 15. \"Health care guardian\" means an individual appointed by a court,\\npursuant to subdivision four of section twenty-nine hundred\\nninety-four-r of this article, as the guardian of a minor patient solely\\nfor the purpose of deciding about life-sustaining treatment pursuant to\\nthis article.\\n 16. \"Health care provider\" means an individual or facility licensed,\\ncertified, or otherwise authorized or permitted by law to administer\\nhealth care in the ordinary course of business or professional practice.\\n 17. \"Health or social service practitioner\" means a registered\\nprofessional nurse, nurse practitioner, physician, physician assistant,\\npsychologist or licensed clinical social worker, licensed or certified\\npursuant to the education law acting within his or her scope of\\npractice.\\n 17-a. \"Hospice\" means a hospice as defined in article forty of this\\nchapter, without regard to where the hospice care is provided.\\n 18. \"Hospital\" means a general hospital, a residential health care\\nfacility, or hospice.\\n 19. \"Life-sustaining treatment\" means any medical treatment or\\nprocedure without which the patient will die within a relatively short\\ntime, as determined by an attending physician to a reasonable degree of\\nmedical certainty. For the purpose of this article, cardiopulmonary\\nresuscitation is presumed to be life-sustaining treatment without the\\nnecessity of a determination by an attending physician.\\n 20. \"Mental hygiene facility\" means a facility operated or licensed by\\nthe office of mental health or the office of mental retardation and\\ndevelopmental disabilities as defined in subdivision six of section 1.03\\nof the mental hygiene law.\\n 21. \"Mental illness\" means a mental illness as defined in subdivision\\ntwenty of section 1.03 of the mental hygiene law, and does not include\\ndementia, such as Alzheimer's disease, or other disorders related to\\ndementia.\\n 22. \"Minor\" means any person who is not an adult.\\n 22-a. \"Nurse practitioner\" means a nurse practitioner certified\\npursuant to section sixty-nine hundred ten of the education law who is\\npracticing in accordance with subdivision three of section sixty-nine\\nhundred two of the education law.\\n 23. \"Order not to resuscitate\" means an order not to attempt\\ncardiopulmonary resuscitation in the event a patient suffers cardiac or\\nrespiratory arrest.\\n 24. \"Parent\", for the purpose of a health care decision about a minor\\npatient, means a parent who has custody of, or who has maintained\\nsubstantial and continuous contact with, the minor patient.\\n 25. \"Patient\" means a person admitted to a hospital.\\n 26. \"Person connected with the case\" means the patient, any person on\\nthe surrogate list, a parent or guardian of a minor patient, the\\nhospital administrator, an attending physician, any other health or\\nsocial services practitioner who is or has been directly involved in the\\npatient's care, and any duly authorized state agency, including the\\nfacility director or regional director for a patient transferred from a\\nmental hygiene facility and the facility director for a patient\\ntransferred from a correctional facility.\\n 27. \"Reasonably available\" means that a person to be contacted can be\\ncontacted with diligent efforts by an attending physician, another\\nperson acting on behalf of an attending physician, or the hospital.\\n 28. \"Residential health care facility\" means a residential health care\\nfacility as defined in subdivision three of section twenty-eight hundred\\none of this chapter.\\n 29. \"Surrogate\" means the person selected to make a health care\\ndecision on behalf of a patient pursuant to section twenty-nine hundred\\nninety-four-d of this article.\\n 30. \"Surrogate list\" means the list set forth in subdivision one of\\nsection twenty-nine hundred ninety-four-d of this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2994-B", "title" : "Applicability; priority of certain other surrogate decision-making laws and regulations", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2017-12-01", "2018-06-01", "2019-12-27", "2020-06-19", "2022-07-29", "2023-12-29", "2024-02-09", "2024-03-29" ], "docLevelId" : "2994-B", "activeDate" : "2018-06-01", "sequenceNo" : 1236, "repealedDate" : null, "fromSection" : "2994-B", "toSection" : "2994-B", "text" : " § 2994-b. Applicability; priority of certain other surrogate\\ndecision-making laws and regulations. 1. This article shall apply to\\nhealth care decisions regarding health care provided in a hospital, and\\nto decisions regarding hospice care without regard to where the decision\\nis made or where the care is provided, for a patient who lacks\\ndecision-making capacity, except as limited by this section.\\n 2. Prior to seeking or relying upon a health care decision by a\\nsurrogate for a patient under this article, the attending physician or\\nattending nurse practitioner shall make reasonable efforts to determine\\nwhether the patient has a health care agent appointed pursuant to\\narticle twenty-nine-C of this chapter. If so, health care decisions for\\nthe patient shall be governed by such article, and shall have priority\\nover decisions by any other person except the patient or as otherwise\\nprovided in the health care proxy.\\n 3. Prior to seeking or relying upon a health care decision by a\\nsurrogate for a patient under this article, if the attending physician\\nor attending nurse practitioner has reason to believe that the patient\\nhas a history of receiving services for mental retardation or a\\ndevelopmental disability; it reasonably appears to the attending\\nphysician or attending nurse practitioner that the patient has mental\\nretardation or a developmental disability; or the attending physician or\\nattending nurse practitioner has reason to believe that the patient has\\nbeen transferred from a mental hygiene facility operated or licensed by\\nthe office of mental health, then such physician or nurse practitioner\\nshall make reasonable efforts to determine whether paragraphs (a), (b)\\nor (c) of this subdivision are applicable:\\n (a) If the patient has a guardian appointed by a court pursuant to\\narticle seventeen-A of the surrogate's court procedure act, health care\\ndecisions for the patient shall be governed by section seventeen hundred\\nfifty-b of the surrogate's court procedure act and not by this article.\\n (b) If a patient does not have a guardian appointed by a court\\npursuant to article seventeen-A of the surrogate's court procedure act\\nbut falls within the class of persons described in paragraph (a) of\\nsubdivision one of section seventeen hundred fifty-b of such act,\\ndecisions to withdraw or withhold life-sustaining treatment for the\\npatient shall be governed by section seventeen hundred fifty-b of the\\nsurrogate's court procedure act and not by this article.\\n (c) If a health care decision for a patient cannot be made under\\nparagraphs (a) or (b) of this subdivision, but consent for the decision\\nmay be provided pursuant to the mental hygiene law or regulations of the\\noffice of mental health or the office for people with developmental\\ndisabilities, then the decision shall be governed by such statute or\\nregulations and not by this article.\\n 4. If, after reasonable efforts, it is determined that a health care\\ndecision for the patient cannot be made pursuant to subdivision two or\\nthree of this section, then the health care decision shall be made\\npursuant to this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2994-C", "title" : "Determination of incapacity", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2017-12-01", "2018-06-01", "2019-12-27", "2020-06-19", "2024-02-09", "2024-03-29" ], "docLevelId" : "2994-C", "activeDate" : "2018-06-01", "sequenceNo" : 1237, "repealedDate" : null, "fromSection" : "2994-C", "toSection" : "2994-C", "text" : " § 2994-c. Determination of incapacity. 1. Presumption of capacity. For\\npurposes of this article, every adult shall be presumed to have\\ndecision-making capacity unless determined otherwise pursuant to this\\nsection or pursuant to court order, or unless a guardian is authorized\\nto decide about health care for the adult pursuant to article eighty-one\\nof the mental hygiene law.\\n 2. Initial determination by attending physician or attending nurse\\npractitioner. An attending physician or attending nurse practitioner\\nshall make an initial determination that an adult patient lacks\\ndecision-making capacity to a reasonable degree of medical certainty.\\nSuch determination shall include an assessment of the cause and extent\\nof the patient's incapacity and the likelihood that the patient will\\nregain decision-making capacity.\\n 3. Concurring determinations. (a) An initial determination that a\\npatient lacks decision-making capacity shall be subject to a concurring\\ndetermination, independently made, where required by this subdivision. A\\nconcurring determination shall include an assessment of the cause and\\nextent of the patient's incapacity and the likelihood that the patient\\nwill regain decision-making capacity, and shall be included in the\\npatient's medical record. Hospitals shall adopt written policies\\nidentifying the training and credentials of health or social services\\npractitioners qualified to provide concurring determinations of\\nincapacity.\\n (b) (i) In a residential health care facility, a health or social\\nservices practitioner employed by or otherwise formally affiliated with\\nthe facility must independently determine whether an adult patient lacks\\ndecision-making capacity.\\n (ii) In a general hospital a health or social services practitioner\\nemployed by or otherwise formally affiliated with the facility must\\nindependently determine whether an adult patient lacks decision-making\\ncapacity if the surrogate's decision concerns the withdrawal or\\nwithholding of life-sustaining treatment.\\n (iii) With respect to decisions regarding hospice care for a patient\\nin a general hospital or residential health care facility, the health or\\nsocial services practitioner must be employed by or otherwise formally\\naffiliated with the general hospital or residential health care\\nfacility.\\n (c) (i) If the attending physician or attending nurse practitioner\\nmakes an initial determination that a patient lacks decision-making\\ncapacity because of mental illness, either such physician must have the\\nfollowing qualifications, or another physician with the following\\nqualifications must independently determine whether the patient lacks\\ndecision-making capacity: a physician licensed to practice medicine in\\nNew York state, who is a diplomate or eligible to be certified by the\\nAmerican Board of Psychiatry and Neurology or who is certified by the\\nAmerican Osteopathic Board of Neurology and Psychiatry or is eligible to\\nbe certified by that board. A record of such consultation shall be\\nincluded in the patient's medical record.\\n (ii) If the attending physician or attending nurse practitioner makes\\nan initial determination that a patient lacks decision-making capacity\\nbecause of a developmental disability, either such physician or nurse\\npractitioner must have the following qualifications, or another\\nprofessional with the following qualifications must independently\\ndetermine whether the patient lacks decision-making capacity: a\\nphysician or clinical psychologist who either is employed by a\\ndevelopmental disabilities services office named in section 13.17 of the\\nmental hygiene law, or who has been employed for a minimum of two years\\nto render care and service in a facility operated or licensed by the\\noffice for people with developmental disabilities, or has been approved\\nby the commissioner of developmental disabilities in accordance with\\nregulations promulgated by such commissioner. Such regulations shall\\nrequire that a physician or clinical psychologist possess specialized\\ntraining or three years experience in treating developmental\\ndisabilities. A record of such consultation shall be included in the\\npatient's medical record.\\n (d) If an attending physician or attending nurse practitioner has\\ndetermined that the patient lacks decision-making capacity and if the\\nhealth or social services practitioner consulted for a concurring\\ndetermination disagrees with the attending physician's or the attending\\nnurse practitioner's determination, the matter shall be referred to the\\nethics review committee if it cannot otherwise be resolved.\\n 4. Informing the patient and surrogate. Notice of a determination that\\na surrogate will make health care decisions because the adult patient\\nhas been determined to lack decision-making capacity shall promptly be\\ngiven:\\n (a) to the patient, where there is any indication of the patient's\\nability to comprehend the information;\\n (b) to at least one person on the surrogate list highest in order of\\npriority listed when persons in prior classes are not reasonably\\navailable pursuant to subdivision one of section twenty-nine hundred\\nninety-four-d of this article;\\n (c) if the patient was transferred from a mental hygiene facility, to\\nthe director of the mental hygiene facility and to the mental hygiene\\nlegal service under article forty-seven of the mental hygiene law.\\n 5. Limited purpose of determination. A determination made pursuant to\\nthis section that an adult patient lacks decision-making capacity shall\\nnot be construed as a finding that the patient lacks capacity for any\\nother purpose.\\n 6. Priority of patient's decision. Notwithstanding a determination\\npursuant to this section that an adult patient lacks decision-making\\ncapacity, if the patient objects to the determination of incapacity, or\\nto the choice of a surrogate or to a health care decision made by a\\nsurrogate or made pursuant to section twenty-nine hundred ninety-four-g\\nof this article, the patient's objection or decision shall prevail\\nunless: (a) a court of competent jurisdiction has determined that the\\npatient lacks decision-making capacity or the patient is or has been\\nadjudged incompetent for all purposes and, in the case of a patient's\\nobjection to treatment, makes any other finding required by law to\\nauthorize the treatment, or (b) another legal basis exists for\\noverriding the patient's decision.\\n 7. Confirmation of continued lack of decision-making capacity. An\\nattending physician or attending nurse practitioner shall confirm the\\nadult patient's continued lack of decision-making capacity before\\ncomplying with health care decisions made pursuant to this article,\\nother than those decisions made at or about the time of the initial\\ndetermination. A concurring determination of the patient's continued\\nlack of decision-making capacity shall be required if the subsequent\\nhealth care decision concerns the withholding or withdrawal of\\nlife-sustaining treatment. Health care providers shall not be required\\nto inform the patient or surrogate of the confirmation.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2994-D", "title" : "Health care decisions for adult patients by surrogates", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2017-12-01", "2018-06-01", "2019-12-27", "2020-06-19" ], "docLevelId" : "2994-D", "activeDate" : "2018-06-01", "sequenceNo" : 1238, "repealedDate" : null, "fromSection" : "2994-D", "toSection" : "2994-D", "text" : " § 2994-d. Health care decisions for adult patients by surrogates. 1.\\nIdentifying the surrogate. One person from the following list from the\\nclass highest in priority when persons in prior classes are not\\nreasonably available, willing, and competent to act, shall be the\\nsurrogate for an adult patient who lacks decision-making capacity.\\nHowever, such person may designate any other person on the list to be\\nsurrogate, provided no one in a class higher in priority than the person\\ndesignated objects:\\n (a) A guardian authorized to decide about health care pursuant to\\narticle eighty-one of the mental hygiene law;\\n (b) The spouse, if not legally separated from the patient, or the\\ndomestic partner;\\n (c) A son or daughter eighteen years of age or older;\\n (d) A parent;\\n (e) A brother or sister eighteen years of age or older;\\n (f) A close friend.\\n 2. Restrictions on who may be a surrogate. An operator, administrator,\\nor employee of a hospital or a mental hygiene facility from which the\\npatient was transferred, or a physician or nurse practitioner who has\\nprivileges at the hospital or a health care provider under contract with\\nthe hospital may not serve as the surrogate for any adult who is a\\npatient of such hospital, unless such individual is related to the\\npatient by blood, marriage, domestic partnership, or adoption, or is a\\nclose friend of the patient whose friendship with the patient preceded\\nthe patient's admission to the facility. If a physician or nurse\\npractitioner serves as surrogate, the physician or nurse practitioner\\nshall not act as the patient's attending physician or attending nurse\\npractitioner after his or her authority as surrogate begins.\\n 3. Authority and duties of surrogate. (a) Scope of surrogate's\\nauthority.\\n (i) Subject to the standards and limitations of this article, the\\nsurrogate shall have the authority to make any and all health care\\ndecisions on the adult patient's behalf that the patient could make.\\n (ii) Nothing in this article shall obligate health care providers to\\nseek the consent of a surrogate if an adult patient has already made a\\ndecision about the proposed health care, expressed orally or in writing\\nor, with respect to a decision to withdraw or withhold life-sustaining\\ntreatment expressed either orally during hospitalization in the presence\\nof two witnesses eighteen years of age or older, at least one of whom is\\na health or social services practitioner affiliated with the hospital,\\nor in writing. If an attending physician or attending nurse practitioner\\nrelies on the patient's prior decision, the physician or nurse\\npractitioner shall record the prior decision in the patient's medical\\nrecord. If a surrogate has already been designated for the patient, the\\nattending physician or attending nurse practitioner shall make\\nreasonable efforts to notify the surrogate prior to implementing the\\ndecision; provided that in the case of a decision to withdraw or\\nwithhold life-sustaining treatment, the attending physician or attending\\nnurse practitioner shall make diligent efforts to notify the surrogate\\nand, if unable to notify the surrogate, shall document the efforts that\\nwere made to do so.\\n (b) Commencement of surrogate's authority. The surrogate's authority\\nshall commence upon a determination, made pursuant to section\\ntwenty-nine hundred ninety-four-c of this article, that the adult\\npatient lacks decision-making capacity and upon identification of a\\nsurrogate pursuant to subdivision one of this section. In the event an\\nattending physician or nurse practitioner determines that the patient\\nhas regained decision-making capacity, the authority of the surrogate\\nshall cease.\\n (c) Right and duty to be informed. Notwithstanding any law to the\\ncontrary, the surrogate shall have the right to receive medical\\ninformation and medical records necessary to make informed decisions\\nabout the patient's health care. Health care providers shall provide and\\nthe surrogate shall seek information necessary to make an informed\\ndecision, including information about the patient's diagnosis,\\nprognosis, the nature and consequences of proposed health care, and the\\nbenefits and risks of and alternative to proposed health care.\\n 4. Decision-making standards. (a) The surrogate shall make health care\\ndecisions:\\n (i) in accordance with the patient's wishes, including the patient's\\nreligious and moral beliefs; or\\n (ii) if the patient's wishes are not reasonably known and cannot with\\nreasonable diligence be ascertained, in accordance with the patient's\\nbest interests. An assessment of the patient's best interests shall\\ninclude: consideration of the dignity and uniqueness of every person;\\nthe possibility and extent of preserving the patient's life; the\\npreservation, improvement or restoration of the patient's health or\\nfunctioning; the relief of the patient's suffering; and any medical\\ncondition and such other concerns and values as a reasonable person in\\nthe patient's circumstances would wish to consider.\\n (b) In all cases, the surrogate's assessment of the patient's wishes\\nand best interests shall be patient-centered; health care decisions\\nshall be made on an individualized basis for each patient, and shall be\\nconsistent with the values of the patient, including the patient's\\nreligious and moral beliefs, to the extent reasonably possible.\\n 5. Decisions to withhold or withdraw life-sustaining treatment. In\\naddition to the standards set forth in subdivision four of this section,\\ndecisions by surrogates to withhold or withdraw life-sustaining\\ntreatment (including decisions to accept a hospice plan of care that\\nprovides for the withdrawal or withholding of life-sustaining treatment)\\nshall be authorized only if the following conditions are satisfied, as\\napplicable:\\n (a)(i) Treatment would be an extraordinary burden to the patient and\\nan attending physician or attending nurse practitioner determines, with\\nthe independent concurrence of another physician or nurse practitioner,\\nthat, to a reasonable degree of medical certainty and in accord with\\naccepted medical standards, (A) the patient has an illness or injury\\nwhich can be expected to cause death within six months, whether or not\\ntreatment is provided; or (B) the patient is permanently unconscious; or\\n (ii) The provision of treatment would involve such pain, suffering or\\nother burden that it would reasonably be deemed inhumane or\\nextraordinarily burdensome under the circumstances and the patient has\\nan irreversible or incurable condition, as determined by an attending\\nphysician or attending nurse practitioner with the independent\\nconcurrence of another physician or nurse practitioner to a reasonable\\ndegree of medical certainty and in accord with accepted medical\\nstandards.\\n (b) In a residential health care facility, a surrogate shall have the\\nauthority to refuse life-sustaining treatment under subparagraph (ii) of\\nparagraph (a) of this subdivision only if the ethics review committee,\\nincluding at least one physician or nurse practitioner who is not\\ndirectly responsible for the patient's care, or a court of competent\\njurisdiction, reviews the decision and determines that it meets the\\nstandards set forth in this article. This requirement shall not apply to\\na decision to withhold cardiopulmonary resuscitation.\\n (c) In a general hospital, if the attending physician or attending\\nnurse practitioner objects to a surrogate's decision, under subparagraph\\n(ii) of paragraph (a) of this subdivision, to withdraw or withhold\\nnutrition and hydration provided by means of medical treatment, the\\ndecision shall not be implemented until the ethics review committee,\\nincluding at least one physician or nurse practitioner who is not\\ndirectly responsible for the patient's care, or a court of competent\\njurisdiction, reviews the decision and determines that it meets the\\nstandards set forth in this subdivision and subdivision four of this\\nsection.\\n (d) Providing nutrition and hydration orally, without reliance on\\nmedical treatment, is not health care under this article and is not\\nsubject to this article.\\n (e) Expression of decisions. The surrogate shall express a decision to\\nwithdraw or withhold life-sustaining treatment either orally to an\\nattending physician or attending nurse practitioner or in writing.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2994-E", "title" : "Decisions about life-sustaining treatment for minor patients", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2017-12-01", "2018-06-01", "2019-12-27", "2020-06-19", "2024-12-27", "2025-02-21", "2025-03-28" ], "docLevelId" : "2994-E", "activeDate" : "2018-06-01", "sequenceNo" : 1239, "repealedDate" : null, "fromSection" : "2994-E", "toSection" : "2994-E", "text" : " § 2994-e. Decisions about life-sustaining treatment for minor\\npatients. 1. Authority of parent or guardian. The parent or guardian of\\na minor patient shall have the authority to make decisions about\\nlife-sustaining treatment, including decisions to withhold or withdraw\\nsuch treatment, subject to the provisions of this section and\\nsubdivision five of section twenty-nine hundred ninety-four-d of this\\narticle.\\n 2. Decision-making standards and procedures for minor patient. (a) The\\nparent or guardian of a minor patient shall make decisions in accordance\\nwith the minor's best interests, consistent with the standards set forth\\nin subdivision four of section twenty-nine hundred ninety-four-d of this\\narticle, taking into account the minor's wishes as appropriate under the\\ncircumstances.\\n (b) An attending physician or attending nurse practitioner, in\\nconsultation with a minor's parent or guardian, shall determine whether\\na minor patient has decision-making capacity for a decision to withhold\\nor withdraw life-sustaining treatment. If the minor has such capacity, a\\nparent's or guardian's decision to withhold or withdraw life-sustaining\\ntreatment for the minor may not be implemented without the minor's\\nconsent.\\n (c) Where a parent or guardian of a minor patient has made a decision\\nto withhold or withdraw life-sustaining treatment and an attending\\nphysician or attending nurse practitioner has reason to believe that the\\nminor patient has a parent or guardian who has not been informed of the\\ndecision, including a non-custodial parent or guardian, an attending\\nphysician,attending nurse practitioner or someone acting on his or her\\nbehalf, shall make reasonable efforts to determine if the uninformed\\nparent or guardian has maintained substantial and continuous contact\\nwith the minor and, if so, shall make diligent efforts to notify that\\nparent or guardian prior to implementing the decision.\\n 3. Decision-making standards and procedures for emancipated minor\\npatient. (a) If an attending physician or attending nurse practitioner\\ndetermines that a patient is an emancipated minor patient with\\ndecision-making capacity, the patient shall have the authority to decide\\nabout life-sustaining treatment. Such authority shall include a decision\\nto withhold or withdraw life-sustaining treatment if an attending\\nphysician or attending nurse practitioner and the ethics review\\ncommittee determine that the decision accords with the standards for\\nsurrogate decisions for adults, and the ethics review committee approves\\nthe decision.\\n (b) If the hospital can with reasonable efforts ascertain the identity\\nof the parents or guardian of an emancipated minor patient, the hospital\\nshall notify such persons prior to withholding or withdrawing\\nlife-sustaining treatment pursuant to this subdivision.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2994-F", "title" : "Obligations of attending physician or attending nurse practitioner", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2017-12-01", "2018-06-01", "2019-12-27", "2020-06-19" ], "docLevelId" : "2994-F", "activeDate" : "2018-06-01", "sequenceNo" : 1240, "repealedDate" : null, "fromSection" : "2994-F", "toSection" : "2994-F", "text" : " § 2994-f. Obligations of attending physician or attending nurse\\npractitioner. 1. An attending physician or attending nurse practitioner\\ninformed of a decision to withdraw or withhold life-sustaining treatment\\nmade pursuant to the standards of this article shall record the decision\\nin the patient's medical record, review the medical basis for the\\ndecision, and shall either: (a) implement the decision, or (b) promptly\\nmake his or her objection to the decision and the reasons for the\\nobjection known to the decision-maker, and either make all reasonable\\nefforts to arrange for the transfer of the patient to another physician\\nor nurse practitioner, if necessary, or promptly refer the matter to the\\nethics review committee.\\n 2. If an attending physician or attending nurse practitioner has\\nactual notice of the following objections or disagreements, he or she\\nshall promptly refer the matter to the ethics review committee if the\\nobjection or disagreement cannot otherwise be resolved:\\n (a) A health or social services practitioner consulted for a\\nconcurring determination that an adult patient lacks decision-making\\ncapacity disagrees with the attending physician's or attending nurse\\npractitioner's determination; or\\n (b) Any person on the surrogate list objects to the designation of the\\nsurrogate pursuant to subdivision one of section twenty-nine hundred\\nninety-four-d of this article; or\\n (c) Any person on the surrogate list objects to a surrogate's\\ndecision; or\\n (d) A parent or guardian of a minor patient objects to the decision by\\nanother parent or guardian of the minor; or\\n (e) A minor patient refuses life-sustaining treatment, and the minor's\\nparent or guardian wishes the treatment to be provided, or the minor\\npatient objects to an attending physician's or attending nurse\\npractitioner's determination about decision-making capacity or\\nrecommendation about life-sustaining treatment.\\n 3. Notwithstanding the provisions of this section or subdivision one\\nof section twenty-nine hundred ninety-four-q of this article, if a\\nsurrogate directs the provision of life-sustaining treatment, the denial\\nof which in reasonable medical judgment would be likely to result in the\\ndeath of the patient, a hospital or individual health care provider that\\ndoes not wish to provide such treatment shall nonetheless comply with\\nthe surrogate's decision pending either transfer of the patient to a\\nwilling hospital or individual health care provider, or judicial review\\nin accordance with section twenty-nine hundred ninety-four-r of this\\narticle.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2994-G", "title" : "Health care decisions for adult patients without surrogates", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-08-21", "2017-12-01", "2018-06-01", "2019-12-20", "2019-12-27", "2020-06-19" ], "docLevelId" : "2994-G", "activeDate" : "2018-06-01", "sequenceNo" : 1241, "repealedDate" : null, "fromSection" : "2994-G", "toSection" : "2994-G", "text" : " § 2994-g. Health care decisions for adult patients without surrogates.\\n1. Identifying adult patients without surrogates. Within a reasonable\\ntime after admission as an inpatient to the hospital of each adult\\npatient, the hospital shall make reasonable efforts to determine if the\\npatient has appointed a health care agent or has a guardian, or if at\\nleast one individual is available to serve as the patient's surrogate in\\nthe event the patient lacks or loses decision-making capacity. With\\nrespect to a patient who lacks capacity, if no such health care agent,\\nguardian or potential surrogate is identified, the hospital shall\\nidentify, to the extent reasonably possible, the patient's wishes and\\npreferences, including the patient's religious and moral beliefs, about\\npending health care decisions, and shall record its findings in the\\npatient's medical record.\\n 2. Decision-making standards and procedures. (a) The procedures\\nspecified in this and the following subdivisions of this section apply\\nto health care decisions for adult patients who would qualify for\\nsurrogate decision-making under this article but for whom no surrogate\\nis reasonably available, willing or competent to act.\\n (b) Any health care decision made pursuant to this section shall be\\nmade in accordance with the standards set forth in subdivision four of\\nsection twenty-nine hundred ninety-four-d of this article and shall not\\nbe based on the financial interests of the hospital or any other health\\ncare provider. The specific procedures to be followed depend on whether\\nthe decision involves routine medical treatment, major medical\\ntreatment, or the withholding or withdrawal of life-sustaining\\ntreatment, and the location where the treatment is provided.\\n 3. Routine medical treatment. (a) For purposes of this subdivision,\\n\"routine medical treatment\" means any treatment, service, or procedure\\nto diagnose or treat an individual's physical or mental condition, such\\nas the administration of medication, the extraction of bodily fluids for\\nanalysis, or dental care performed with a local anesthetic, for which\\nhealth care providers ordinarily do not seek specific consent from the\\npatient or authorized representative. It shall not include the long-term\\nprovision of treatment such as ventilator support or a nasogastric tube\\nbut shall include such treatment when provided as part of post-operative\\ncare or in response to an acute illness and recovery is reasonably\\nexpected within one month or less.\\n (b) An attending physician or attending nurse practitioner shall be\\nauthorized to decide about routine medical treatment for an adult\\npatient who has been determined to lack decision-making capacity\\npursuant to section twenty-nine hundred ninety-four-c of this article.\\nNothing in this subdivision shall require health care providers to\\nobtain specific consent for treatment where specific consent is not\\notherwise required by law.\\n 4. Major medical treatment. (a) For purposes of this subdivision,\\n\"major medical treatment\" means any treatment, service or procedure to\\ndiagnose or treat an individual's physical or mental condition: (i)\\nwhere general anesthetic is used; or (ii) which involves any significant\\nrisk; or (iii) which involves any significant invasion of bodily\\nintegrity requiring an incision, producing substantial pain, discomfort,\\ndebilitation or having a significant recovery period; or (iv) which\\ninvolves the use of physical restraints, as specified in regulations\\npromulgated by the commissioner, except in an emergency; or (v) which\\ninvolves the use of psychoactive medications, except when provided as\\npart of post-operative care or in response to an acute illness and\\ntreatment is reasonably expected to be administered over a period of\\nforty-eight hours or less, or when provided in an emergency.\\n (b) A decision to provide major medical treatment, made in accordance\\nwith the following requirements, shall be authorized for an adult\\npatient who has been determined to lack decision-making capacity\\npursuant to section twenty-nine hundred ninety-four-c of this article.\\n (i) An attending physician or attending nurse practitioner shall make\\na recommendation in consultation with hospital staff directly\\nresponsible for the patient's care.\\n (ii) In a general hospital, at least one other physician or nurse\\npractitioner designated by the hospital must independently determine\\nthat he or she concurs that the recommendation is appropriate.\\n (iii) In a residential health care facility, and for a hospice patient\\nnot in a general hospital, the medical director of the facility or\\nhospice, or a physician or nurse practitioner designated by the medical\\ndirector, must independently determine that he or she concurs that the\\nrecommendation is appropriate; provided that if the medical director is\\nthe patient's attending physician or attending nurse practitioner, a\\ndifferent physician or nurse practitioner designated by the residential\\nhealth care facility or hospice must make this independent\\ndetermination. Any health or social services practitioner employed by or\\notherwise formally affiliated with the facility or hospice may provide a\\nsecond opinion for decisions about physical restraints made pursuant to\\nthis subdivision.\\n 5. Decisions to withhold or withdraw life-sustaining treatment. (a) A\\ncourt of competent jurisdiction may make a decision to withhold or\\nwithdraw life-sustaining treatment for an adult patient who has been\\ndetermined to lack decision-making capacity pursuant to section\\ntwenty-nine hundred ninety-four-c of this article if the court finds\\nthat the decision accords with standards for decisions for adults set\\nforth in subdivisions four and five of section twenty-nine hundred\\nninety-four-d of this article.\\n (b) If the attending physician or attending nurse practitioner, with\\nindependent concurrence of a second physician or nurse practitioner\\ndesignated by the hospital, determines to a reasonable degree of medical\\ncertainty that:\\n (i) life-sustaining treatment offers the patient no medical benefit\\nbecause the patient will die imminently, even if the treatment is\\nprovided; and\\n (ii) the provision of life-sustaining treatment would violate accepted\\nmedical standards, then such treatment may be withdrawn or withheld from\\nan adult patient who has been determined to lack decision-making\\ncapacity pursuant to section twenty-nine hundred ninety-four-c of this\\narticle, without judicial approval. This paragraph shall not apply to\\nany treatment necessary to alleviate pain or discomfort.\\n 5-a. Decisions regarding hospice care. An attending physician or\\nattending nurse practitioner shall be authorized to make decisions\\nregarding hospice care and execute appropriate documents for such\\ndecisions (including a hospice election form) for an adult patient under\\nthis section who is hospice eligible in accordance with the following\\nrequirements.\\n (a) The attending physician or attending nurse practitioner shall make\\ndecisions under this section in consultation with staff directly\\nresponsible for the patient's care, and shall base his or her decisions\\non the standards for surrogate decisions set forth in subdivisions four\\nand five of section twenty-nine hundred ninety-four-d of this article;\\n (b) There is a concurring opinion as follows:\\n (i) in a general hospital, at least one other physician or nurse\\npractitioner designated by the hospital must independently determine\\nthat he or she concurs that the recommendation is consistent with such\\nstandards for surrogate decisions;\\n (ii) in a residential health care facility, the medical director of\\nthe facility, or a physician or nurse practitioner designated by the\\nmedical director, must independently determine that he or she concurs\\nthat the recommendation is consistent with such standards for surrogate\\ndecisions; provided that if the medical director is the patient's\\nattending physician or attending nurse practitioner, a different\\nphysician or nurse practitioner designated by the residential health\\ncare facility must make this independent determination; or\\n (iii) in settings other than a general hospital or residential health\\ncare facility, the medical director of the hospice, or a physician\\ndesignated by the medical director, must independently determine that he\\nor she concurs that the recommendation is medically appropriate and\\nconsistent with such standards for surrogate decisions; provided that if\\nthe medical director is the patient's attending physician, a different\\nphysician designated by the hospice must make this independent\\ndetermination; and\\n (c) The ethics review committee of the general hospital, residential\\nhealth care facility or hospice, as applicable, including at least one\\nphysician or nurse practitioner who is not the patient's attending\\nphysician or attending nurse practitioner, or a court of competent\\njurisdiction, must review the decision and determine that it is\\nconsistent with such standards for surrogate decisions.\\n 6. Physician or nurse practitioner objection. If a physician or nurse\\npractitioner consulted for a concurring opinion objects to an attending\\nphysician's or attending nurse practitioner's recommendation or\\ndetermination made pursuant to this section, or a member of the hospital\\nstaff directly responsible for the patient's care objects to an\\nattending physician's or attending nurse practitioner's recommendation\\nabout major medical treatment or treatment without medical benefit, the\\nmatter shall be referred to the ethics review committee if it cannot be\\notherwise resolved.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2994-I", "title" : "Specific policies for orders not to resuscitate", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2994-I", "activeDate" : "2014-09-22", "sequenceNo" : 1242, "repealedDate" : null, "fromSection" : "2994-I", "toSection" : "2994-I", "text" : " § 2994-i. Specific policies for orders not to resuscitate. An order\\nnot to resuscitate shall be written in the patient's medical record.\\nConsent to an order not to resuscitate shall not constitute consent to\\nwithhold or withdraw treatment other than cardiopulmonary resuscitation.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2994-J", "title" : "Revocation of consent", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2017-12-01", "2018-06-01", "2019-12-27", "2020-06-19" ], "docLevelId" : "2994-J", "activeDate" : "2018-06-01", "sequenceNo" : 1243, "repealedDate" : null, "fromSection" : "2994-J", "toSection" : "2994-J", "text" : " § 2994-j. Revocation of consent. 1. A patient, surrogate, or parent or\\nguardian of a minor patient may at any time revoke his or her consent to\\nwithhold or withdraw life-sustaining treatment by informing an attending\\nphysician, attending nurse practitioner or a member of the medical or\\nnursing staff of the revocation.\\n 2. An attending physician or attending nurse practitioner informed of\\na revocation of consent made pursuant to this section shall immediately:\\n (a) record the revocation in the patient's medical record;\\n (b) cancel any orders implementing the decision to withhold or\\nwithdraw treatment; and\\n (c) notify the hospital staff directly responsible for the patient's\\ncare of the revocation and any cancellations.\\n 3. Any member of the medical or nursing staff, other than a nurse\\npractitioner, informed of a revocation made pursuant to this section\\nshall immediately notify an attending physician or attending nurse\\npractitioner of the revocation.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2994-K", "title" : "Implementation and review of decisions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2017-12-01", "2018-06-01", "2019-12-27", "2020-06-19" ], "docLevelId" : "2994-K", "activeDate" : "2018-06-01", "sequenceNo" : 1244, "repealedDate" : null, "fromSection" : "2994-K", "toSection" : "2994-K", "text" : " § 2994-k. Implementation and review of decisions. 1. Hospitals shall\\nadopt written policies requiring implementation and regular review of\\ndecisions to withhold or withdrew life-sustaining treatment in\\naccordance with accepted medical standards. Hospitals shall also develop\\npolicies in accord with accepted medical standards regarding\\ndocumentation of clinical determinations and decisions by surrogates and\\nhealth care providers pursuant to this article.\\n 2. If a decision to withhold or withdraw life-sustaining treatment has\\nbeen made pursuant to this article, and an attending physician or\\nattending nurse practitioner determines at any time that the decision is\\nno longer appropriate or authorized because the patient has regained\\ndecision-making capacity or because the patient's condition has\\notherwise improved, the physician or nurse practitioner shall\\nimmediately:\\n (a) include such determination in the patient's medical record;\\n (b) cancel any orders or plans of care implementing the decision to\\nwithhold or withdraw life-sustaining treatment;\\n (c) notify the person who made the decision to withhold or withdraw\\ntreatment, or, if that person is not reasonably available, to at least\\none person on the surrogate list highest in order of priority listed\\nwhen persons in prior classes are not reasonably available pursuant to\\nsubdivision one of section twenty-nine hundred ninety-four-d of this\\narticle; and\\n (d) notify the hospital staff directly responsible for the patient's\\ncare of any cancelled orders or plans of care.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2994-L", "title" : "Interinstitutional transfers", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2017-12-01", "2018-06-01", "2019-12-27", "2020-06-19", "2024-02-09", "2024-03-29" ], "docLevelId" : "2994-L", "activeDate" : "2018-06-01", "sequenceNo" : 1245, "repealedDate" : null, "fromSection" : "2994-L", "toSection" : "2994-L", "text" : " § 2994-l. Interinstitutional transfers. If a patient with an order to\\nwithhold or withdraw life-sustaining treatment is transferred from a\\nmental hygiene facility to a hospital or from a hospital to a different\\nhospital, any such order or plan shall remain effective until an\\nattending physician or attending nurse practitioner first examines the\\ntransferred patient, whereupon an attending physician or attending nurse\\npractitioner must either:\\n 1. Issue appropriate orders to continue the prior order or plan. Such\\norders may be issued without obtaining another consent to withhold or\\nwithdraw life-sustaining treatment pursuant to this article; or\\n 2. Cancel such order, if the attending physician or attending nurse\\npractitioner determines that the order is no longer appropriate or\\nauthorized. Before canceling the order the attending physician or\\nattending nurse practitioner shall make reasonable efforts to notify the\\nperson who made the decision to withhold or withdraw treatment and the\\nhospital staff directly responsible for the patient's care of any such\\ncancellation. If such notice cannot reasonably be made prior to\\ncanceling the order or plan, the attending physician or attending nurse\\npractitioner shall make such notice as soon as reasonably practicable\\nafter cancellation.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2994-M", "title" : "Ethics review committees", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2017-12-01", "2018-05-18", "2018-06-01", "2019-12-27", "2020-06-19", "2024-12-27", "2025-03-28" ], "docLevelId" : "2994-M", "activeDate" : "2018-06-01", "sequenceNo" : 1246, "repealedDate" : null, "fromSection" : "2994-M", "toSection" : "2994-M", "text" : " § 2994-m. Ethics review committees. 1. Establishment of an ethics\\nreview committee, written policy. Each hospital shall establish at least\\none ethics review committee or participate in an ethics review committee\\nthat serves more than one hospital, and shall adopt a written policy\\ngoverning committee functions, composition, and procedure, in accordance\\nwith the requirements of this article. A hospital may designate an\\nexisting committee, or subcommittee thereof, to carry out the functions\\nof the ethics review committee provided the requirements of this section\\nare satisfied.\\n 2. Functions of the ethics review committee. (a) The ethics review\\ncommittee shall consider and respond to any health care matter presented\\nto it by a person connected with the case.\\n (b) The ethics review committee response to a health care matter may\\ninclude:\\n (i) providing advice on the ethical aspects of proposed health care;\\n (ii) making a recommendation about proposed health care; or\\n (iii) providing assistance in resolving disputes about proposed health\\ncare.\\n (c) Recommendations and advice by the ethics review committee shall be\\nadvisory and nonbinding, except as specified in subdivision five of\\nsection twenty-nine hundred ninety-four-d of this article and\\nsubdivision three of section twenty-nine hundred ninety-four-e of this\\narticle.\\n 3. Committee membership. The membership of ethics review committees\\nmust be interdisciplinary and must include at least five members who\\nhave demonstrated an interest in or commitment to patient's rights or to\\nthe medical, public health, or social needs of those who are ill. At\\nleast three ethics review committee members must be health or social\\nservices practitioners, at least one of whom must be a registered nurse\\nand one of whom must be a physician or nurse practitioner. At least one\\nmember must be a person without any governance, employment or\\ncontractual relationship with the hospital. In a residential health care\\nfacility the facility must offer the residents' council of the facility\\n(or of another facility that participates in the committee) the\\nopportunity to appoint up to two persons to the ethics review committee,\\nnone of whom may be a resident of or a family member of a resident of\\nsuch facility, and both of whom shall be persons who have expertise in\\nor a demonstrated commitment to patient rights or to the care and\\ntreatment of the elderly or nursing home residents through professional\\nor community activities, other than activities performed as a health\\ncare provider.\\n 4. Procedures for ethics review committee. (a) These procedures are\\nrequired only when: (i) the ethics review committee is convened to\\nreview a decision by a surrogate to withhold or withdraw life-sustaining\\ntreatment for: (A) a patient in a residential health care facility\\npursuant to paragraph (b) of subdivision five of section twenty-nine\\nhundred ninety-four-d of this article; (B) a patient in a general\\nhospital pursuant to paragraph (c) of subdivision five of section\\ntwenty-nine hundred ninety-four-d of this article; or (C) an emancipated\\nminor patient pursuant to subdivision three of section twenty-nine\\nhundred ninety-four-e of this article; or (ii) when a person connected\\nwith the case requests the ethics review committee to provide assistance\\nin resolving a dispute about proposed care. Nothing in this section\\nshall bar health care providers from first striving to resolve disputes\\nthrough less formal means, including the informal solicitation of\\nethical advice from any source.\\n (b)(i) A person connected with the case may not participate as an\\nethics review committee member in the consideration of that case.\\n (ii) The ethics review committee shall respond promptly, as required\\nby the circumstances, to any request for assistance in resolving a\\ndispute or consideration of a decision to withhold or withdraw\\nlife-sustaining treatment pursuant to paragraphs (b) and (c) of\\nsubdivision five of section twenty-nine hundred ninety-four-d of this\\narticle made by a person connected with the case. The committee shall\\npermit persons connected with the case to present their views to the\\ncommittee, and to have the option of being accompanied by an advisor\\nwhen participating in a committee meeting.\\n (iii) The ethics review committee shall promptly provide the patient,\\nwhere there is any indication of the patient's ability to comprehend the\\ninformation, the surrogate, other persons on the surrogate list directly\\ninvolved in the decision or dispute regarding the patient's care, any\\nparent or guardian of a minor patient directly involved in the decision\\nor dispute regarding the minor patient's care, an attending physician,\\nan attending nurse practitioner, the hospital, and other persons the\\ncommittee deems appropriate, with the following:\\n (A) notice of any pending case consideration concerning the patient,\\nincluding, for patients, persons on the surrogate list, parents and\\nguardians, information about the ethics review committee's procedures,\\ncomposition and function; and\\n (B) the committee's response to the case, including a written\\nstatement of the reasons for approving or disapproving the withholding\\nor withdrawal of life-sustaining treatment for decisions considered\\npursuant to subparagraph (ii) of paragraph (a) of subdivision five of\\nsection twenty-nine hundred ninety-four-d of this article. The\\ncommittee's response to the case shall be included in the patient's\\nmedical record.\\n (iv) Following ethics review committee consideration of a case\\nconcerning the withdrawal or withholding of life-sustaining treatment,\\ntreatment shall not be withdrawn or withheld until the persons\\nidentified in subparagraph (iii) of this paragraph have been informed of\\nthe committee's response to the case.\\n (c) When an ethics review committee is convened to review decisions\\nregarding hospice care for a patient in a general hospital or\\nresidential health care facility, the responsibilities of this section\\nshall be carried out by the ethics review committee of the general\\nhospital or residential health care facility, provided that such\\ncommittee shall invite a representative from hospice to participate.\\n 5. Access to medical records and information; patient confidentiality.\\nEthics review committee members and consultants shall have access to\\nmedical information and medical records necessary to perform their\\nfunction under this article. Any such information or records disclosed\\nto committee members, consultants, or others shall be kept confidential\\nexcept to the extent necessary to accomplish the purposes of this\\narticle or as otherwise provided by law.\\n 6. Ethics review committee confidentiality. Notwithstanding any other\\nprovisions of law, the proceedings and records of an ethics review\\ncommittee shall be kept confidential and shall not be released by\\ncommittee members, committee consultants, or other persons privy to such\\nproceedings and records; the proceedings and records of an ethics review\\ncommittee shall not be subject to disclosure or inspection in any\\nmanner, including under article six of the public officers law or\\narticle thirty-one of the civil practice law and rules; and, no person\\nshall testify as to the proceedings or records of an ethics review\\ncommittee, nor shall such proceedings and records otherwise be\\nadmissible as evidence in any action or proceeding of any kind in any\\ncourt or before any other tribunal, board, agency or person, except\\nthat:\\n (a) Ethics review committee proceedings and records, in cases where a\\ncommittee approves or disapproves of the withholding or withdrawal of\\nlife-sustaining treatment pursuant to subdivision five of section\\ntwenty-nine hundred ninety-four-d of this article, or subdivision three\\nof section twenty-nine hundred ninety-four-e of this article, may be\\nobtained by or released to the department;\\n (b) Nothing in this subdivision shall prohibit the patient, the\\nsurrogate, other persons on the surrogate list, or a parent or guardian\\nof a minor patient from voluntarily disclosing, releasing or testifying\\nabout committee proceedings or records; and\\n (c) Nothing in this subdivision shall prohibit the justice center for\\nthe protection of people with special needs or any agency or person\\nwithin or under contract with the justice center which provides\\nprotection and advocacy services from requiring any information, report\\nor record from a hospital in accordance with the provisions of section\\nfive hundred fifty-eight of the executive law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2994-N", "title" : "Conscience objections", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2994-N", "activeDate" : "2014-09-22", "sequenceNo" : 1247, "repealedDate" : null, "fromSection" : "2994-N", "toSection" : "2994-N", "text" : " § 2994-n. Conscience objections. 1. Private hospitals. Nothing in this\\narticle shall be construed to require a private hospital to honor a\\nhealth care decision made pursuant to this article if:\\n (a) The decision is contrary to a formally adopted policy of the\\nhospital that is expressly based on sincerely held religious beliefs or\\nsincerely held moral convictions central to the facility's operating\\nprinciples;\\n (b) The hospital has informed the patient, family, or surrogate of\\nsuch policy prior to or upon admission, if reasonably possible; and\\n (c) The patient is transferred promptly to another hospital that is\\nreasonably accessible under the circumstances and willing to honor the\\ndecision and pending transfer the hospital complies with subdivision\\nthree of section twenty-nine hundred ninety-four-f of this article. If\\nthe patient's family or surrogate is unable or unwilling to arrange such\\na transfer, the hospital may intervene to facilitate such a transfer. If\\nsuch a transfer is not effected, the hospital shall seek judicial relief\\nin accordance with section twenty-nine hundred ninety-four-r of this\\narticle or honor the decision.\\n 2. Individual health care providers. Nothing in this article shall be\\nconstrued to require an individual as a health care provider to honor a\\nhealth care decision made pursuant to this article if:\\n (a) the decision is contrary to the individual's sincerely held\\nreligious beliefs or sincerely held moral conviction; and\\n (b) the individual health care provider promptly informs the person\\nwho made the decision and the hospital of his or her refusal to honor\\nthe decision. In such event, the hospital shall promptly transfer\\nresponsibility for the patient to another individual health care\\nprovider willing to honor the decision. The individual health care\\nprovider shall cooperate in facilitating such transfer and comply with\\nsubdivision three of section twenty-nine hundred ninety-four-f of this\\narticle.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2994-O", "title" : "Immunity", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2994-O", "activeDate" : "2014-09-22", "sequenceNo" : 1248, "repealedDate" : null, "fromSection" : "2994-O", "toSection" : "2994-O", "text" : " § 2994-o. Immunity. 1. Ethics review committee. No person shall be\\nsubject to criminal or civil liability, or be deemed to have engaged in\\nunprofessional conduct, for acts performed reasonably and in good faith\\npursuant to this article as a member of or as a consultant to an ethics\\nreview committee or as a participant in an ethics review committee\\nmeeting.\\n 2. Providers. No health care provider or employee thereof shall be\\nsubjected to criminal or civil liability, or be deemed to have engaged\\nin unprofessional conduct, for honoring reasonably and in good faith a\\nhealth care decision made pursuant to this article or for other actions\\ntaken reasonably and in good faith pursuant to this article.\\n 3. Surrogates and guardians. No person shall be subjected to criminal\\nor civil liability for making a health care decision reasonably and in\\ngood faith pursuant to this article or for other actions taken\\nreasonably and in good faith pursuant to this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2994-P", "title" : "Liability for health care costs", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2994-P", "activeDate" : "2014-09-22", "sequenceNo" : 1249, "repealedDate" : null, "fromSection" : "2994-P", "toSection" : "2994-P", "text" : " § 2994-p. Liability for health care costs. Liability for the cost of\\nhealth care provided to an adult patient pursuant to this article shall\\nbe the same as if the health care were provided pursuant to the\\npatient's decision. No person shall become liable for the cost of health\\ncare for a minor solely by virtue of making a decision as a guardian of\\na minor pursuant to this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2994-Q", "title" : "Effect on other rights", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2994-Q", "activeDate" : "2014-09-22", "sequenceNo" : 1250, "repealedDate" : null, "fromSection" : "2994-Q", "toSection" : "2994-Q", "text" : " § 2994-q. Effect on other rights. 1. Nothing in this article creates,\\nexpands, diminishes, impairs, or supersedes any authority that an\\nindividual may have under law to make or express decisions, wishes, or\\ninstructions regarding health care on his or her own behalf, including\\ndecisions about life-sustaining treatment.\\n 2. Nothing in this article shall affect existing law concerning\\nimplied consent to health care in an emergency.\\n 3. Nothing in this article is intended to permit or promote suicide,\\nassisted suicide, or euthanasia.\\n 4. This article shall not affect existing law with respect to\\nsterilization.\\n 5. Nothing in this article diminishes the duty of parents and legal\\nguardians under existing law to consent to treatment for minors.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2994-R", "title" : "Special proceeding authorized; court orders; health care guardian for minor patient", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2017-12-01", "2018-06-01", "2019-12-27", "2020-06-19" ], "docLevelId" : "2994-R", "activeDate" : "2018-06-01", "sequenceNo" : 1251, "repealedDate" : null, "fromSection" : "2994-R", "toSection" : "2994-R", "text" : " § 2994-r. Special proceeding authorized; court orders; health care\\nguardian for minor patient. 1. Special proceeding. Any person connected\\nwith the case and any member of the hospital ethics review committee may\\ncommence a special proceeding pursuant to article four of the civil\\npractice law and rules in a court of competent jurisdiction with respect\\nto any matter arising under this article.\\n 2. Court orders designating surrogate. A court of competent\\njurisdiction may designate any individual from the surrogate list to act\\nas surrogate, regardless of that individual's priority on the list, if\\nthe court determines that such appointment would best accord with the\\npatient's wishes or, if the patient's wishes are not reasonably known,\\nwith the patient's best interests. The court may remove a surrogate on\\nthe ground that the surrogate: (a) is not reasonably available, willing\\nand competent to fulfill his or her obligations under this article; (b)\\nis acting in bad faith; or (c) is the subject of an order of protection\\nprotecting the patient or has been arrested or charged for a criminal\\nact that allegedly caused the patient's lack of capacity or\\nsubstantially injured or impaired the health status of the patient,\\nprovided that the application of this provision in a particular case may\\nbe waived or modified in the interest of justice. Unless otherwise\\ndetermined by a court, no surrogate decision made prior to an order\\ndesignating a surrogate shall be deemed to have been invalid because of\\nthe issuance of a designating order.\\n 3. Court orders to withhold or withdraw life-sustaining treatment. A\\ncourt of competent jurisdiction may authorize the withholding or\\nwithdrawal of life-sustaining treatment from a person if the court\\ndetermines that the person lacks decision-making capacity, and\\nwithdrawing or withholding the treatment would accord with the standards\\nset forth in subdivision five of section twenty-nine hundred\\nninety-four-d of this article.\\n 4. Health care guardian for a minor patient. (a) No appointment shall\\nbe made pursuant to this subdivision if a parent or legal guardian of\\nthe person is available, willing, and competent to decide about\\ntreatment for the minor.\\n (b) The following persons may commence a special proceeding in a court\\nof competent jurisdiction to seek appointment as the health care\\nguardian of a minor patient solely for the purpose of deciding about\\nlife-sustaining treatment pursuant to this article:\\n (i) the hospital administrator;\\n (ii) an attending physician or attending nurse practitioner;\\n (iii) the local commissioner of social services or the local\\ncommissioner of health, authorized to make medical treatment decisions\\nfor the minor pursuant to section three hundred eighty-three-b of the\\nsocial services law; or\\n (iv) an individual, eighteen years of age or older, who has assumed\\ncare of the minor for a substantial and continuous period of time.\\n (c) Notice of the proceeding shall be given to the persons identified\\nin section seventeen hundred five of the surrogate's court procedure\\nact.\\n (d) Notwithstanding any other provision of law, seeking appointment or\\nbeing appointed as a health care guardian shall not otherwise affect the\\nlegal status or rights of the individual seeking or obtaining such\\nappointment.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2994-S", "title" : "Remedy", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2017-12-01", "2018-06-01", "2019-12-27", "2020-06-19" ], "docLevelId" : "2994-S", "activeDate" : "2018-06-01", "sequenceNo" : 1252, "repealedDate" : null, "fromSection" : "2994-S", "toSection" : "2994-S", "text" : " § 2994-s. Remedy. 1. Any hospital, attending physician or nurse\\npractitioner that refuses to honor a health care decision by a surrogate\\nmade pursuant to this article and in accord with the standards set forth\\nin this article shall not be entitled to compensation for treatment,\\nservices, or procedures refused by the surrogate, except that this\\nsubdivision shall not apply:\\n (a) when a hospital, physician or nurse practitioner exercises the\\nrights granted by section twenty-nine hundred ninety-four-n of this\\narticle, provided that the physician, nurse practitioner or hospital\\npromptly fulfills the obligations set forth in section twenty-nine\\nhundred ninety-four-n of this article;\\n (b) while a matter is under consideration by the ethics review\\ncommittee, provided that the matter is promptly referred to and\\nconsidered by the committee;\\n (c) in the event of a dispute between individuals on the surrogate\\nlist; or\\n (d) if the physician, nurse practitioner or hospital prevails in any\\nlitigation concerning the surrogate's decision to refuse the treatment,\\nservices or procedure. Nothing in this section shall determine or affect\\nhow disputes among individuals on the surrogate list are resolved.\\n 2. The remedy provided in this section is in addition to and\\ncumulative with any other remedies available at law or in equity or by\\nadministrative proceedings to a patient, a health care agent appointed\\npursuant to article twenty-nine-C of this chapter, or a person\\nauthorized to make health care decisions pursuant to this article,\\nincluding injunctive and declaratory relief, and any other provisions of\\nthis chapter governing fines, penalties, or forfeitures.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2994-T", "title" : "Regulations", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2019-12-20" ], "docLevelId" : "2994-T", "activeDate" : "2014-09-22", "sequenceNo" : 1253, "repealedDate" : null, "fromSection" : "2994-T", "toSection" : "2994-T", "text" : " § 2994-t. Regulations. 1. The commissioner shall establish such\\nregulations as may be necessary to implement this article.\\n 2. The commissioner, in consultation with the commissioners of the\\noffice of mental health and the office of mental retardation and\\ndevelopmental disabilities, shall promulgate regulations identifying the\\ncredentials of health care professionals qualified to provide an\\nindependent determination, pursuant to subdivision three of section\\ntwenty-nine hundred ninety-four-c of this article, that a patient lacks\\ndecision-making capacity because of mental illness or developmental\\ndisability.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2994-U", "title" : "Rights to be publicized", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2024-12-27", "2025-03-28" ], "docLevelId" : "2994-U", "activeDate" : "2014-09-22", "sequenceNo" : 1254, "repealedDate" : null, "fromSection" : "2994-U", "toSection" : "2994-U", "text" : " § 2994-u. Rights to be publicized. The commissioner shall prepare a\\nstatement summarizing the rights, duties, and requirements of this\\narticle and shall require that a copy of such statement be furnished to\\npatients or to persons on the surrogate list known to the hospital, or\\nto the parents or guardians of minor patients, at or prior to admission\\nto the hospital, or within a reasonable time thereafter, and to each\\nmember of the hospital's staff directly involved with patient care.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 20 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A29-CCC", "title" : "Nonhospital Orders Not to Resuscitate", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "29-CCC", "activeDate" : "2014-09-22", "sequenceNo" : 1255, "repealedDate" : null, "fromSection" : "2994-AA", "toSection" : "2994-GG", "text" : " ARTICLE 29-CCC\\n NONHOSPITAL ORDERS NOT TO RESUSCITATE\\nSection 2994-aa. Definitions.\\n 2994-bb. General provisions.\\n 2994-cc. Consent to a nonhospital order not to resuscitate.\\n 2994-dd. Managing a nonhospital order not to resuscitate.\\n 2994-ee. Obligation to honor a nonhospital order not to\\n resuscitate.\\n 2994-ff. Interinstitutional transfer.\\n 2994-gg. Immunity.\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2994-AA", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2017-12-01", "2018-06-01", "2019-12-20", "2019-12-27", "2020-06-19", "2024-12-27", "2025-02-21", "2025-03-28" ], "docLevelId" : "2994-AA", "activeDate" : "2018-06-01", "sequenceNo" : 1256, "repealedDate" : null, "fromSection" : "2994-AA", "toSection" : "2994-AA", "text" : " § 2994-aa. Definitions. 1. \"Adult\" means any person who is eighteen\\nyears of age or older, or is the parent of a child or has married.\\n 2. \"Attending physician\" means the physician who has primary\\nresponsibility for the treatment and care of the patient. Where more\\nthan one physician or nurse practitioner shares such responsibility, any\\nsuch physician or nurse practitioner may act as the attending physician\\nor attending nurse practitioner pursuant to this article.\\n 2-a. \"Attending nurse practitioner\" means the nurse practitioner who\\nhas primary responsibility for the treatment and care of the patient.\\nWhere more than one physician and/or nurse practitioner shares such\\nresponsibility, any such physician or nurse practitioner may act as the\\nattending physician or attending nurse practitioner pursuant to this\\narticle.\\n 3. \"Capacity\" means the ability to understand and appreciate the\\nnature and consequences of a nonhospital order not to resuscitate,\\nincluding the benefits and disadvantages of such an order, and to reach\\nan informed decision regarding the order.\\n 4. \"Cardiopulmonary resuscitation\" means measures, as specified in\\nregulations promulgated by the commissioner, to restore cardiac function\\nor to support ventilation in the event of a cardiac or respiratory\\narrest. Such term shall not include measures to improve ventilation and\\ncardiac function in the absence of an arrest.\\n 5. \"Emergency medical services personnel\" means the personnel of a\\nservice or agency engaged in providing initial emergency medical\\nassistance, including but not limited to first responders, emergency\\nmedical technicians, advanced emergency medical technicians and\\npersonnel engaged in providing health care at correctional facilities,\\nas that term is defined in subdivision four of section two of the\\ncorrection law.\\n 6. \"Health care agent\" means a health care agent of the patient\\ndesignated pursuant to article twenty-nine-C of this chapter.\\n 7. \"Health or social services practitioner\" means a registered\\nprofessional nurse, nurse practitioner, physician, physician assistant,\\npsychologist or certified, licensed master social worker or licensed\\nclinical social worker, licensed or certified pursuant to the education\\nlaw, acting within his or her scope of practice.\\n 8. \"Home care services agency\" means an entity certified, licensed or\\nexempt under article thirty-six of this chapter.\\n 9. \"Hospice\" means a hospice as defined in article forty of this\\nchapter.\\n 10. \"Hospital\" means a general hospital as defined in subdivision ten\\nof section twenty-eight hundred one of this chapter and a residential\\nhealth care facility as defined in subdivision three of section\\ntwenty-eight hundred one of this chapter or a hospital as defined in\\nsubdivision ten of section 1.03 of the mental hygiene law or a\\ndevelopmental disabilities services office named in section 13.17 of the\\nmental hygiene law.\\n 11. \"Hospital emergency services personnel\" means the personnel of the\\nemergency service of a general hospital, as defined in subdivision ten\\nof section twenty-eight hundred one of this chapter, including but not\\nlimited to emergency services attending physicians, emergency services\\nregistered professional nurses, and registered professional nurses,\\nnursing staff and registered physician assistants assigned to the\\ngeneral hospital's emergency service.\\n 12. \"Mental hygiene facility\" means a residential facility operated or\\nlicensed by the office of mental health or the office of mental\\nretardation and developmental disabilities.\\n 13. \"Nonhospital order not to resuscitate\" means an order that directs\\nemergency medical services personnel, hospice personnel and hospital\\nemergency services personnel not to attempt cardiopulmonary\\nresuscitation in the event a patient suffers cardiac or respiratory\\narrest.\\n 13-a. \"Nurse practitioner\" means a nurse practitioner certified\\npursuant to section sixty-nine hundred ten of the education law who is\\npracticing in accordance with subdivision three of section sixty-nine\\nhundred two of the education law.\\n 14. \"Patient\" means a person who has been or who may be issued a\\nnonhospital order not to resuscitate.\\n 15. \"Surrogate\" means a person authorized to make a health care\\ndecision on behalf of a patient pursuant to article twenty-nine-CC of\\nthis chapter.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2994-BB", "title" : "General provisions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2994-BB", "activeDate" : "2014-09-22", "sequenceNo" : 1257, "repealedDate" : null, "fromSection" : "2994-BB", "toSection" : "2994-BB", "text" : " § 2994-bb. General provisions. 1. (a) Emergency medical services\\npersonnel, home care services agency personnel, hospice personnel, and\\nhospital emergency services personnel shall honor nonhospital orders not\\nto resuscitate, except as provided in section twenty-nine hundred\\nninety-four-ee of this article.\\n (b) A nonhospital order not to resuscitate shall not constitute an\\norder to withhold or withdraw treatment other than cardiopulmonary\\nresuscitation.\\n 2. A nonhospital order not to resuscitate may be issued during\\nhospitalization to take effect after hospitalization, or may be issued\\nfor a person who is not a patient in, or a resident of, a hospital.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2994-CC", "title" : "Consent to a nonhospital order not to resuscitate", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2017-12-01", "2018-06-01", "2019-12-27", "2020-06-19", "2023-12-29", "2024-02-09", "2024-03-29" ], "docLevelId" : "2994-CC", "activeDate" : "2018-06-01", "sequenceNo" : 1258, "repealedDate" : null, "fromSection" : "2994-CC", "toSection" : "2994-CC", "text" : " § 2994-cc. Consent to a nonhospital order not to resuscitate. 1. An\\nadult with decision-making capacity, a health care agent, or a surrogate\\nmay consent to a nonhospital order not to resuscitate orally to the\\nattending physician or attending nurse practitioner or in writing. If a\\npatient consents to a nonhospital order not to resuscitate while in a\\ncorrectional facility, notice of the patient's consent shall be given to\\nthe facility director and reasonable efforts shall be made to notify an\\nindividual designated by the patient to receive such notice prior to the\\nissuance of the nonhospital order not to resuscitate. Notification to\\nthe facility director or the individual designated by the patient shall\\nnot delay issuance of a nonhospital order not to resuscitate.\\n 2. Consent by a health care agent shall be governed by article\\ntwenty-nine-C of this chapter.\\n 3. Consent by a surrogate shall be governed by article twenty-nine-CC\\nof this chapter, except that: (a) a second determination of capacity\\nshall be made by a health or social services practitioner; and (b) the\\nauthority of the ethics review committee set forth in article\\ntwenty-nine-CC of this chapter shall apply only to nonhospital orders\\nissued in a hospital.\\n 4. (a) When the concurrence of a second physician or nurse\\npractitioner is sought to fulfill the requirements for the issuance of a\\nnonhospital order not to resuscitate for patients in a correctional\\nfacility, such second physician or nurse practitioner shall be selected\\nby the chief medical officer of the department of corrections and\\ncommunity supervision or his or her designee.\\n (b) When the concurrence of a second physician or nurse practitioner\\nis sought to fulfill the requirements for the issuance of a nonhospital\\norder not to resuscitate for hospice and home care patients, such second\\nphysician or nurse practitioner shall be selected by the hospice medical\\ndirector or hospice nurse coordinator designated by the medical director\\nor by the home care services agency director of patient care services,\\nas appropriate to the patient.\\n 5. Consent by a patient or a surrogate for a patient in a mental\\nhygiene facility shall be governed by article twenty-nine-B of this\\nchapter.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2994-DD", "title" : "Managing a nonhospital order not to resuscitate", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2017-12-01", "2018-06-01", "2019-12-27", "2020-06-19", "2024-12-27", "2025-02-21", "2025-03-28" ], "docLevelId" : "2994-DD", "activeDate" : "2018-06-01", "sequenceNo" : 1259, "repealedDate" : null, "fromSection" : "2994-DD", "toSection" : "2994-DD", "text" : " § 2994-dd. Managing a nonhospital order not to resuscitate. 1. The\\nattending physician or attending nurse practitioner shall record the\\nissuance of a nonhospital order not to resuscitate in the patient's\\nmedical record.\\n 2. A nonhospital order not to resuscitate shall be issued upon a\\nstandard form prescribed by the commissioner. The commissioner shall\\nalso develop a standard bracelet that may be worn by a patient with a\\nnonhospital order not to resuscitate to identify that status; provided,\\nhowever, that no person may require a patient to wear such a bracelet\\nand that no person may require a patient to wear such a bracelet as a\\ncondition for honoring a nonhospital order not to resuscitate or for\\nproviding health care services.\\n 3. An attending physician or attending nurse practitioner who has\\nissued a nonhospital order not to resuscitate, and who transfers care of\\nthe patient to another physician or nurse practitioner, shall inform the\\nphysician or nurse practitioner of the order.\\n 4. For each patient for whom a nonhospital order not to resuscitate\\nhas been issued, the attending physician or attending nurse practitioner\\nshall review whether the order is still appropriate in light of the\\npatient's condition each time he or she examines the patient, whether in\\nthe hospital or elsewhere, but at least every ninety days, provided that\\nthe review need not occur more than once every seven days. The attending\\nphysician or attending nurse practitioner shall record the review in the\\npatient's medical record provided, however, that a registered nurse,\\nother than the attending nurse practitioner, who provides direct care to\\nthe patient may record the review in the medical record at the direction\\nof the physician. In such case, the attending physician or attending\\nnurse practitioner shall include a confirmation of the review in the\\npatient's medical record within fourteen days of such review. Failure to\\ncomply with this subdivision shall not render a nonhospital order not to\\nresuscitate ineffective.\\n 5. A person who has consented to a nonhospital order not to\\nresuscitate may at any time revoke his or her consent to the order by\\nany act evidencing a specific intent to revoke such consent. Any health\\ncare professional, other than the attending physician or attending nurse\\npractitioner, informed of a revocation of consent to a nonhospital order\\nnot to resuscitate shall notify the attending physician or attending\\nnurse practitioner of the revocation. An attending physician or\\nattending nurse practitioner who is informed that a nonhospital order\\nnot to resuscitate has been revoked shall record the revocation in the\\npatient's medical record, cancel the order and make diligent efforts to\\nretrieve the form issuing the order, and the standard bracelet, if any.\\n 6. The commissioner may authorize the use of one or more alternative\\nforms for issuing a nonhospital order not to resuscitate (in place of\\nthe standard form prescribed by the commissioner under subdivision two\\nof this section). Such alternative form or forms may also be used to\\nissue a non-hospital do not intubate order. Any such alternative forms\\nintended for use for persons with developmental disabilities or persons\\nwith mental illness who are incapable of making their own health care\\ndecisions or who have a guardian of the person appointed pursuant to\\narticle eighty-one of the mental hygiene law or article seventeen-A of\\nthe surrogate's court procedure act must also be approved by the\\ncommissioner of developmental disabilities or the commissioner of mental\\nhealth, as appropriate. An alternative form under this subdivision shall\\notherwise conform with applicable federal and state law. This\\nsubdivision does not limit, restrict or impair the use of an alternative\\nform for issuing an order not to resuscitate in a general hospital or\\nresidential health care facility under article twenty-eight of this\\nchapter or a hospital under subdivision ten of section 1.03 of the\\nmental hygiene law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2994-EE", "title" : "Obligation to honor a nonhospital order not to resuscitate", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2017-12-01", "2018-06-01", "2019-12-27", "2020-06-19" ], "docLevelId" : "2994-EE", "activeDate" : "2018-06-01", "sequenceNo" : 1260, "repealedDate" : null, "fromSection" : "2994-EE", "toSection" : "2994-EE", "text" : " § 2994-ee. Obligation to honor a nonhospital order not to resuscitate.\\nEmergency medical services personnel, home care services agency\\npersonnel, hospice personnel, or hospital emergency services personnel\\nwho are provided with a nonhospital order not to resuscitate, or who\\nidentify the standard bracelet on the patient's body, shall comply with\\nthe terms of such order; provided, however, that:\\n 1. Emergency medical services personnel, home care services agency\\npersonnel, hospice personnel, or hospital emergency services personnel\\nmay disregard the order if:\\n (a) They believe in good faith that consent to the order has been\\nrevoked, or that the order has been cancelled; or\\n (b) Family members or others on the scene, excluding such personnel,\\nobject to the order and physical confrontation appears likely; and\\n 2. Hospital emergency services physicians and hospital emergency\\nservices nurse practitioners may direct that the order be disregarded if\\nother significant and exceptional medical circumstances warrant\\ndisregarding the order.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2994-FF", "title" : "Interinstitutional transfer", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2023-12-29", "2024-03-29" ], "docLevelId" : "2994-FF", "activeDate" : "2014-09-22", "sequenceNo" : 1261, "repealedDate" : null, "fromSection" : "2994-FF", "toSection" : "2994-FF", "text" : " § 2994-ff. Interinstitutional transfer. If a patient with a\\nnonhospital order not to resuscitate is admitted to a hospital, the\\norder shall be treated as an order not to resuscitate for a patient\\ntransferred from another hospital, and shall be governed by article\\ntwenty-nine-CC of this chapter, except that any such order for a patient\\nadmitted to a mental hygiene facility shall be governed by article\\ntwenty-nine-B of this chapter.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2994-GG", "title" : "Immunity", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2024-12-27", "2025-03-28" ], "docLevelId" : "2994-GG", "activeDate" : "2014-09-22", "sequenceNo" : 1262, "repealedDate" : null, "fromSection" : "2994-GG", "toSection" : "2994-GG", "text" : " § 2994-gg. Immunity. No person shall be subjected to criminal\\nprosecution or civil liability, or be deemed to have engaged in\\nunprofessional conduct, for honoring reasonably and in good faith\\npursuant to this section a nonhospital order not to resuscitate, for\\ndisregarding a nonhospital order pursuant to section twenty-nine hundred\\nninety-four-ee of this article, or for other actions taken reasonably\\nand in good faith pursuant to this section.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 7 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A29-CCCC", "title" : "Care Act (caregiver Advise, Record and Enable Act)", "docType" : "ARTICLE", "publishedDates" : [ "2015-11-06", "2016-04-29" ], "docLevelId" : "29-CCCC", "activeDate" : "2016-04-29", "sequenceNo" : 1263, "repealedDate" : null, "fromSection" : "2994-HH", "toSection" : "2994-MM", "text" : " ARTICLE 29-CCCC\\n CARE ACT (CAREGIVER ADVISE, RECORD AND ENABLE ACT)\\nSection 2994-hh. Short title.\\n 2994-ii. Definitions.\\n 2994-jj. Caregiver; opportunity to identify.\\n 2994-kk. Notice to identified caregiver.\\n 2994-ll. Instruction to identified caregiver.\\n 2994-mm. Effect on other rights.\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2994-HH", "title" : "Short title", "docType" : "SECTION", "publishedDates" : [ "2015-11-06", "2015-11-13", "2016-04-29" ], "docLevelId" : "2994-HH", "activeDate" : "2016-04-29", "sequenceNo" : 1264, "repealedDate" : null, "fromSection" : "2994-HH", "toSection" : "2994-HH", "text" : " § 2994-hh. Short title. This article shall be known and may be cited\\nas the \"CARE act\".\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2994-II", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2015-11-06", "2015-11-13", "2016-04-29" ], "docLevelId" : "2994-II", "activeDate" : "2016-04-29", "sequenceNo" : 1265, "repealedDate" : null, "fromSection" : "2994-II", "toSection" : "2994-II", "text" : " § 2994-ii. Definitions. When used in this article, the following words\\nor phrases shall have the following meanings:\\n 1. \"Hospital\" shall mean any \"general hospital\" as defined in section\\ntwenty-eight hundred one of this chapter.\\n 2. \"After-care\" shall mean any assistance provided by a caregiver to a\\npatient under this article after the patient's discharge from a hospital\\nthat is related to the patient's condition at the time of discharge.\\nSuch assistance shall include, but is not limited to, assisting with\\nbasic activities of daily living (ADLs), instrumental activities of\\ndaily living (IADLs), and other tasks as determined to be appropriate by\\nthe discharging physician.\\n 3. \"Caregiver\" shall mean any individual duly identified as a\\ncaregiver by a patient under this article who provides after-care\\nassistance to a patient living in his or her residence. An identified\\ncaregiver shall include, but is not limited to, a relative, partner,\\nfriend or neighbor who has a significant relationship with the patient.\\n 4. \"Discharge\" shall mean a patient's exit or release from a hospital\\nto the patient's residence following an inpatient admission.\\n 5. \"Entry\" shall mean a patient's admission into a hospital for the\\npurposes of receiving inpatient care.\\n 6. \"Patient\" shall mean a patient eighteen years of age or older.\\n 7. \"Residence\" shall mean a dwelling that the patient considers to be\\nhis or her home. A \"residence\" for the purposes of this article shall\\nnot include any rehabilitation facility, hospital, nursing home,\\nassisted living facility, group home or other residential health care\\nfacility as defined in section twenty-eight hundred one of this chapter\\nor any inpatient facility regulated by the office of mental health.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2994-JJ", "title" : "Caregiver; opportunity to identify", "docType" : "SECTION", "publishedDates" : [ "2015-11-06", "2015-11-13", "2016-04-29" ], "docLevelId" : "2994-JJ", "activeDate" : "2016-04-29", "sequenceNo" : 1266, "repealedDate" : null, "fromSection" : "2994-JJ", "toSection" : "2994-JJ", "text" : " § 2994-jj. Caregiver; opportunity to identify. 1. A hospital shall\\nprovide each patient or, if applicable, the patient's legal guardian\\nwith at least one opportunity to identify at least one caregiver under\\nthis article following the patient's entry into a hospital and prior to\\nthe patient's discharge or transfer to another facility. The hospital\\nshall inform the patient that the purpose of providing the caregiver's\\nidentity is to include that caregiver in discharge planning and sharing\\nof post-discharge care information or instruction.\\n (a) In the event that the patient is unconscious or otherwise\\nincapacitated upon his or her entry into a hospital, the hospital shall\\nprovide such patient or his/her legal guardian with an opportunity to\\nidentify a caregiver following the patient's recovery of his or her\\nconsciousness or capacity.\\n (b) In the event that the patient or the patient's legal guardian\\ndeclines to identify a caregiver under this article, the hospital shall\\npromptly document this in the patient's medical record.\\n (c) The hospital shall record the patient's identification of a\\ncaregiver if given by the patient or legal guardian, the relationship of\\nthe identified caregiver to the patient, and the name, telephone number,\\nand address of the patient's identified caregiver in the patient's\\nmedical record.\\n (d) A patient may elect to change his or her identified caregiver at\\nany time, and the hospital must record this change in the patient's\\nmedical record.\\n (e) (i) The hospital shall promptly request the written consent of the\\npatient or the patient's legal guardian to release medical information\\nto the patient's designated caregiver following the hospital's\\nestablished procedure for releasing personal health information and in\\ncompliance with all state and federal laws, including the federal Health\\nInsurance Portability and Accountability Act of 1996 as amended, and\\nrelated regulations.\\n (ii) If the patient or the patient's legal guardian declines to\\nconsent to release medical information to the patient's designated\\ncaregiver, the hospital shall not be required to provide notice to the\\ncaregiver under section twenty-nine hundred ninety-four-kk of this\\narticle or provide information contained in the patient's discharge plan\\nunder section twenty-nine hundred ninety-four-ll of this article.\\n 2. An identification of a caregiver by a patient or a patient's legal\\nguardian under this section does not obligate any individual to perform\\nany after-care tasks for any patient.\\n 3. This section shall not be construed to require a patient or a\\npatient's legal guardian to identify any individual as a caregiver as\\ndefined by this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2994-KK", "title" : "Notice to identified caregiver", "docType" : "SECTION", "publishedDates" : [ "2015-11-06", "2015-11-13", "2016-04-29" ], "docLevelId" : "2994-KK", "activeDate" : "2016-04-29", "sequenceNo" : 1267, "repealedDate" : null, "fromSection" : "2994-KK", "toSection" : "2994-KK", "text" : " § 2994-kk. Notice to identified caregiver. A hospital shall notify the\\npatient's identified caregiver of the patient's discharge or transfer to\\nanother hospital or facility licensed by the department or the office of\\nmental health as soon as the date and time of discharge or transfer can\\nbe anticipated prior to the patient's actual discharge or transfer to\\nsuch facility. In the event the hospital is unable to contact the\\ndesignated caregiver, the lack of contact shall not interfere with,\\ndelay, or otherwise affect the medical care provided to the patient or\\nan appropriate discharge of the patient. The hospital shall promptly\\ndocument the attempt in the patient's medical record.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2994-LL", "title" : "Instruction to identified caregiver", "docType" : "SECTION", "publishedDates" : [ "2015-11-06", "2015-11-13", "2016-04-29", "2019-12-13", "2020-04-24" ], "docLevelId" : "2994-LL", "activeDate" : "2016-04-29", "sequenceNo" : 1268, "repealedDate" : null, "fromSection" : "2994-LL", "toSection" : "2994-LL", "text" : " § 2994-ll. Instruction to identified caregiver. 1. As soon as possible\\nand not later than twenty-four hours prior to a patient's discharge from\\na hospital, the hospital shall consult with the identified caregiver\\nalong with the patient regarding the caregiver's capabilities and\\nlimitations and issue a discharge plan that describes a patient's\\nafter-care needs at his or her residence. In the event the hospital is\\nunable to contact the designated caregiver, the lack of contact shall\\nnot interfere with, delay, or otherwise affect the medical care provided\\nto the patient or an appropriate discharge of the patient. The hospital\\nshall promptly document the attempt in the patient's medical record. At\\nminimum, a discharge plan shall include:\\n (a) the name and contact information of the caregiver identified under\\nthis article;\\n (b) a description of all after-care tasks recommended by the\\ndischarging physician, taking into account the capabilities and\\nlimitations of the caregiver; and\\n (c) contact information for health care, community resources, and\\nlong-term services and supports necessary to successfully carry out the\\npatient's discharge plan.\\n 2. The hospital issuing the discharge plan must offer caregivers with\\ninstruction in all after-care tasks described in the discharge plan.\\n (a) At minimum, such instruction shall include:\\n (i) a live or recorded demonstration of the tasks performed by a\\nhospital employee authorized to perform the after-care task, provided in\\na culturally competent manner and in accordance with the hospital's\\nrequirements to provide language access services under state and federal\\nlaw;\\n (ii) an opportunity for the caregiver and patient to ask questions\\nabout the after-care tasks; and\\n (iii) answers to the caregiver's and patient's questions provided in a\\nculturally competent manner and in accordance with the hospital's\\nrequirements to provide language access services under state and federal\\nlaw.\\n (b) Any instructions required under this article shall be documented\\nin the patient's medical record, including, at minimum, the date, time,\\nand contents of the instruction.\\n 3. The department is authorized to promulgate regulations to implement\\nthe provisions of this article, including but not limited to,\\nregulations to further define the content and scope of any instruction\\nprovided to caregivers under this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2994-MM", "title" : "Effect on other rights", "docType" : "SECTION", "publishedDates" : [ "2015-11-06", "2015-11-13", "2016-04-29" ], "docLevelId" : "2994-MM", "activeDate" : "2016-04-29", "sequenceNo" : 1269, "repealedDate" : null, "fromSection" : "2994-MM", "toSection" : "2994-MM", "text" : " § 2994-mm. Effect on other rights. 1. Nothing in this article shall be\\nconstrued to interfere with the rights of an agent operating under a\\nvalid health care directive created under section twenty-nine hundred\\neighty-two of this chapter.\\n 2. Nothing in this article shall be construed to create a new private\\nright of action not otherwise existing in law against a hospital or any\\nof its directors, trustees, officers, employees or agents, or any\\ncontractors with whom a hospital has a contractual relationship.\\n 3. A hospital, any of its directors, trustees, officers, employees or\\nagents, or any contractors with whom a hospital has a contractual\\nrelationship shall not be held liable, provided it has complied with\\nthis article and acted reasonably and in good faith, for the services\\nrendered or not rendered by the caregiver to the patient at the\\npatient's residence.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 6 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A29-D", "title" : "Health Information and Quality Improvement", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22", "2015-12-18", "2017-01-06", "2018-06-01", "2022-03-04", "2022-08-19", "2023-01-06", "2023-03-31" ], "docLevelId" : "29-D", "activeDate" : "2018-06-01", "sequenceNo" : 1270, "repealedDate" : null, "fromSection" : "2995", "toSection" : "2999-M", "text" : " ARTICLE 29-D\\n HEALTH INFORMATION AND QUALITY IMPROVEMENT\\n TITLE 1\\n HEALTH INFORMATION\\nSection 2995. Structure and definitions.\\n 2995-a. Physician profiles.\\n 2995-b. Hospital report cards.\\n 2995-c. Health care plan and preferred provider organization\\n data.\\n 2995-d. Further study of other health care practitioner data.\\n 2996. Study of physician credentialing.\\n 2997. Patient privacy.\\n 2997-a. Public access.\\n 2997-b. Pamphlet of department programs.\\n 2997-c. Palliative care patient information.\\n 2997-d. Hospital, nursing home, home care, special needs\\n assisted living residences and enhanced assisted\\n living residences palliative care support.\\n 2997-e. Provision of contact information relating to long term\\n care.\\n 2997-f. Provision of information relating to aging services.\\n TITLE 1-A\\n SAFE PATIENT HANDLING\\nSection 2997-g. Legislative intent.\\n 2997-h. Definitions.\\n 2997-i. Safe patient handling workgroup.\\n 2997-j. Dissemination of best practices, examples of sample safe\\n patient handling policies and other resources and\\n tools.\\n 2997-k. Safe patient handling committees; programs.\\n 2997-l. Activities.\\n TITLE 2\\n QUALITY IMPROVEMENT\\nSection 2998. Patient safety center.\\n 2998-a. Information.\\n 2998-b. Safety goals.\\n 2998-c. Best practices.\\n 2998-d. Voluntary and collaborative reporting system.\\n 2998-e. Reporting of adverse events in office based surgery.\\n 2999. Contracting with private entities.\\n 2999-a. Public access.\\n TITLE 3\\n PAY FOR PERFORMANCE\\nSection 2999-b. Legislative intent.\\n 2999-c. Definition.\\n 2999-d. Commissioner's workgroup.\\n 2999-e. Demonstration projects.\\n 2999-f. Authorizations.\\n TITLE 4\\n NEW YORK STATE MEDICAL INDEMNITY FUND\\nSection 2999-g. Purpose of this title.\\n 2999-h. Definitions.\\n 2999-i. Custody and administration of the fund.\\n 2999-j. Payments from the fund.\\n 2999-k. Consumer and stakeholder workgroup.\\n TITLE 5\\n NEW YORK STATE HOSPITAL QUALITY INITIATIVE\\nSection 2999-m. New York state hospital quality initiative.\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A29-DT1", "title" : "Health Information", "docType" : "TITLE", "publishedDates" : [ "2014-09-22", "2015-12-18", "2022-08-19" ], "docLevelId" : "1", "activeDate" : "2015-12-18", "sequenceNo" : 1271, "repealedDate" : null, "fromSection" : "2995", "toSection" : "2997-F", "text" : " TITLE 1\\n HEALTH INFORMATION\\nSection 2995. Structure and definitions.\\n 2995-a. Physician profiles.\\n 2995-b. Hospital report cards.\\n 2995-c. Health care plan and preferred provider organization\\n data.\\n 2995-d. Further study of other health care practitioner data.\\n 2996. Study of physician credentialing.\\n 2997. Patient privacy.\\n 2997-a. Public access.\\n 2997-b. Pamphlet of department programs.\\n 2997-c. Palliative care patient information.\\n 2997-d. Hospital, nursing home, home care, special needs\\n assisted living residences and enhanced assisted\\n living residences palliative care support.\\n 2997-e. Provision of contact information relating to long term\\n care.\\n 2997-f. Provision of information relating to aging services.\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2995", "title" : "Structure and definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-05-01", "2017-04-28", "2020-04-17", "2022-08-19", "2022-11-18", "2023-05-12", "2023-06-23", "2026-05-29" ], "docLevelId" : "2995", "activeDate" : "2017-04-28", "sequenceNo" : 1272, "repealedDate" : null, "fromSection" : "2995", "toSection" : "2995", "text" : " § 2995. Structure and definitions. 1. Structure. * (a) The department\\nshall undertake an initiative for the purposes of increasing the\\ninformation available to patients about health care providers and health\\ncare plans, and improving the quality of health care in this state, by\\ncreating a statewide health information system, collecting health\\ninformation for dissemination by means of such system, and studying\\nadditional uses of such information. Such moneys as may be necessary to\\neffect the purpose of this section may be appropriated to the department\\nfor its expenses.\\n * NB Effective until March 31, 2020\\n * (a) The department shall undertake an initiative for the purposes of\\nincreasing the information available to patients about health care\\nproviders and health care plans, and improving the quality of health\\ncare in this state, by creating a statewide health information system,\\ncollecting health information for dissemination by means of such system,\\nand studying additional uses of such information. Such moneys as may be\\nnecessary to effect the purpose of this section may be appropriated to\\nthe department for its expenses, but in no event shall funds be diverted\\nfrom existing uses of the office of professional medical conduct in\\norder to fulfill the purposes of this section.\\n * NB Effective March 31, 2020\\n (b) The department shall promulgate rules for the purpose of\\nimplementing the provisions of this title.\\n 2. Definitions. For the purposes of this title:\\n (a) \"Health care plan\" shall mean a health maintenance organization,\\nas defined by subdivision one of section forty-four hundred one of this\\nchapter, a health service corporation licensed pursuant to article\\nforty-three of the insurance law, a prepaid health services plan\\nlicensed pursuant to section forty-four hundred three-a of this chapter,\\nor an integrated delivery system licensed pursuant to section forty-four\\nhundred eight-a of this chapter.\\n (b) \"Health information\" shall mean physician data, hospital data, and\\nhealth care plan data, to the extent such data is disclosable pursuant\\nto any provision of law. Such term shall not include individual patient\\ndata, except to the extent such data is disclosable pursuant to any\\nother provision of law.\\n (c) \"Individual patient data\" shall mean any information concerning an\\nindividual patient, whether held orally or recorded in any form or\\nmedium, including, but not limited to, information derived from a\\nbiological sample from the patient, the sample itself or genetic\\ninformation that:\\n (i) relates to the physical or mental health of the patient, the\\nprovision of health care to the patient, or the payment for the\\nprovision of health care to the patient; and\\n (ii) (A) identifies the individual patient;\\n (B) could forseeably be used or manipulated to identify the individual\\npatient; or\\n (C) could forseeably be linked or matched to any other information\\ndescribed in clause (A) or (B) of this subparagraph.\\n (d) \"Statewide health information system\" shall mean a collection of\\nhealth information to be publicly available on an ongoing basis for the\\npurpose of making statewide comparisons.\\n (e) \"Preferred provider organization data\" shall mean data collected\\nfrom an insurance company subject to article thirty-two of the insurance\\nlaw, a corporation subject to article forty-three of the insurance law,\\nor a municipal cooperative health benefit plan certified pursuant to\\narticle forty-seven of the insurance law, with respect to preferred\\nprovider organization (PPO) products, as defined by the commissioner in\\nconsultation with the superintendent, offered by such entities.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2995-A", "title" : "Physician profiles", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-05-01", "2024-12-20", "2025-02-21", "2025-09-19" ], "docLevelId" : "2995-A", "activeDate" : "2015-05-01", "sequenceNo" : 1273, "repealedDate" : null, "fromSection" : "2995-A", "toSection" : "2995-A", "text" : " § 2995-a. Physician profiles. 1. The department shall collect the\\nfollowing information and create individual profiles on licensees\\nsubject to the authority of the office of professional medical conduct,\\nin a format that shall be available for dissemination to the public:\\n (a) a statement of any criminal convictions (as defined by section\\n1.20 of the criminal procedure law) within the most recent ten years,\\nunder the laws of New York state or any other jurisdiction, for offenses\\nspecified by regulations of the department;\\n (b) a statement of any action (other than an action that remains\\nconfidential) taken against the licensee pursuant to section two hundred\\nthirty of this chapter or any similar action taken by any other state or\\nlicensing entity, within the most recent ten years;\\n (c) a statement of any current limitation of the licensee to a\\nspecified area, type, scope or condition of practice;\\n (d) a statement of any loss or involuntary restriction of hospital\\nprivileges or a failure to renew professional privileges at hospitals\\nwithin the last ten years, for reasons related to the quality of patient\\ncare delivered or to be delivered by the physician where procedural due\\nprocess has been afforded, exhausted, or waived, or the resignation from\\nor removal of medical staff membership or restriction of privileges at a\\nhospital taken in lieu of a pending disciplinary case related to the\\nquality of patient care delivered or to be delivered by the physician\\n(notwithstanding paragraph (a) of subdivision three of section\\ntwenty-eight hundred three-e of this chapter, as added by chapter eight\\nhundred sixty-six of the laws of nineteen hundred eighty);\\n (e) (i) a statement indicating the number of medical malpractice court\\njudgments and arbitration awards within the most recent ten years in\\nwhich a payment is awarded to a complaining party (notwithstanding\\nsubsection (f) of section three hundred fifteen of the insurance law);\\nand\\n (ii) a statement indicating all malpractice settlements within the\\nmost recent ten years in which payment is awarded to a complaining party\\n(notwithstanding subsection (f) of section three hundred fifteen of the\\ninsurance law),\\n (A) if the total number of settlements exceeds two; or\\n (B) if the commissioner determines any such settlement could be\\nrelevant to patient decisionmaking concerning health care quality. The\\nstatement shall include the following: \"Settlement payments will appear\\nin this profile only if the total number of settlements made within the\\npast ten years exceeds two, or if the commissioner of health determines\\na settlement to be relevant to patient decisionmaking. Settlement of a\\nclaim may occur for a variety of reasons, which do not necessarily\\nreflect negatively on the professional competence or conduct of the\\nphysician. A payment in settlement of a medical malpractice action or\\nclaim does not necessarily mean that a medical malpractice has\\noccurred.\" The commissioner may supplement such statement as may be\\nappropriate.\\n (iii) judgments, awards and settlements shall be reported in graduated\\ncategories indicating the level of significance, date and place of the\\njudgment, award or settlement. Information concerning medical\\nmalpractice judgments, awards and settlements shall be put in context by\\ncomparing an individual licensee's medical malpractice settlements to\\nthe experience of other physicians in New York state within the same\\nboard specialty. Pending malpractice claims shall not be disclosed to\\nthe public under this section. Nothing herein shall be construed to\\nprevent the board from investigating or disciplining a licensee on the\\nbasis of medical malpractice claims that are pending;\\n (f) name of medical schools attended and date of graduations;\\n (g) graduate medical education;\\n (h) current specialty board certification and date of certification;\\n (i) dates admitted to practice in New York state;\\n (j) names of hospitals where the licensee has practice privileges;\\n (k) appointments to medical school faculties and indication as to\\nwhether a licensee has had a responsibility for graduate medical\\neducation within the most recent ten years;\\n (l) information regarding publications in peer reviewed medical\\nliterature within the most recent ten years;\\n (m) information regarding professional or community service activities\\nor awards;\\n (n) (i) the location of the licensee's primary practice setting\\nidentified as such; and\\n (ii) the names of any licensed physicians with whom the licensee\\nshares a group practice, as defined in subdivision five of section two\\nhundred thirty-eight of this chapter;\\n (o) the identification of any translating services that may be\\navailable at the licensee's primary practice location;\\n (p) whether the licensee participates in the medicaid or medicare\\nprogram or any other state or federally financed health insurance\\nprogram; and\\n (q) health care plans with which the licensee has contracts,\\nemployment, or other affiliation.\\n 1-a. Each physician licensed and registered to practice in this state\\nshall within thirty days of the transmittal of an initial profile survey\\nand upon entering or updating his or her profile information:\\n (a) register and maintain an account with the department's health\\nprovider network and any successor electronic system established to\\nfacilitate communications between the department and licensed health\\ncare providers; or\\n (b) provide an e-mail address to the department which shall be used by\\nthe department to communicate with the physician. Licensees shall\\nprovide notice to the department of changed e-mail addresses within\\nthirty days of the change. Licensee e-mail addresses shall be\\nconfidential and shall not be published as part of the licensee's\\nprofile. The e-mail addresses may be used for department purposes only.\\n 2. Nothing in this section shall limit the department's authority to\\ncollect, require reporting of, publish or otherwise disseminate\\ninformation about licensees.\\n 3. Each physician who is self-insured for professional medical\\nmalpractice shall periodically report to the department on forms and in\\nthe time and manner required by the commissioner the information\\nspecified in paragraph (e) of subdivision one of this section, except\\nthat the physician shall report the dollar amount (to the extent of the\\nphysician's information and belief) for each judgment, award and\\nsettlement and not a level of significance or context.\\n 4. Each physician shall periodically report to the department on forms\\nand in the time and manner required by the commissioner any other\\ninformation as is required by the department for the development of\\nprofiles under this section which is not otherwise reasonably\\nobtainable. In addition to such periodic reports and providing the same\\ninformation, each physician shall update his or her profile information\\nwithin the six months prior to the expiration date of such physician's\\nregistration period, as a condition of registration renewal under\\narticle one hundred thirty-one of the education law. Except for optional\\ninformation provided, physicians shall notify the department of any\\nchange in the profile information within thirty days of such change.\\n 5. The department shall provide each licensee with a copy of his or\\nher profile prior to dissemination to the public. In the manner and time\\nrequired by the commissioner, a licensee shall be provided the\\nopportunity to correct factual inaccuracies that appear in the profile.\\nThe physician shall be permitted to file a concise statement concerning\\ninformation contained in the profile, which shall be disseminated\\ntherewith.\\n 6. A physician may elect to have his or her profile omit certain\\ninformation provided pursuant to paragraphs (l), (m), (n) and (q) of\\nsubdivision one of this section. In collecting information for such\\nprofiles and disseminating the same, the department shall inform\\nphysicians that they may choose not to provide such information required\\npursuant to paragraphs (l), (m), (n) and (q) of subdivision one of this\\nsection.\\n 7. A physician who knowingly provides materially inaccurate\\ninformation under this section shall be guilty of professional\\nmisconduct pursuant to section sixty-five hundred thirty of the\\neducation law.\\n 8. The department shall establish a toll-free telephone number through\\nwhich it shall answer inquiries about and accept orders for hard copy\\nphysician profiles established pursuant to this section and accept\\nconsumer complaints about suspected professional misconduct. The\\ndepartment may charge a nominal fee for producing and mailing a hard\\ncopy physician profile.\\n 9. The department shall, in addition to hard copy physician profiles,\\nprovide for electronic access to and copying of physician profiles\\ndeveloped pursuant to this section through the system commonly known as\\nthe Internet. The department shall update a physician's online profile\\nwithin thirty days of receipt of a completed physician profile survey or\\nany change in profile information.\\n 10. The commissioner shall require that:\\n (a) Practitioner organizations that are representative of the target\\ngroup for profiling, and health care consumer organizations, be provided\\nthe opportunity to review and comment on the profiling methodology,\\nincluding collection methods, analysis, formatting, and methods and\\nmeans for release and dissemination.\\n (b) Comparisons of practitioner profiles shall be organized according\\nto practitioner areas of practice.\\n 11. The commissioner shall evaluate the utility and practicability of\\nincluding in the profile a comparison of malpractice data by geographic\\narea. However, the implementation of the profile shall not be delayed\\npending such evaluation.\\n 12. The commissioner shall develop and distribute a notice suitable\\nfor posting that informs consumers of the availability of physician\\nprofiles and the telephone numbers and Internet addresses for accessing\\nthem.\\n 13. Further study of physician profiles. After the initial\\ndissemination of the data identified in subdivision one of this section,\\nthe department shall conduct a further study of physician profiles as\\nfollows:\\n (a) Data sources. The department shall identify the types of physician\\ndata to which the public has access, including all information available\\nfrom federal, state or local agencies which is useful for making\\ndeterminations concerning health care quality determinations. The\\ndepartment shall study all physician data reporting requirements and\\ndevelop recommendations to consolidate data collection and eliminate\\nduplicate and unnecessary reporting requirements, or to supplement\\nexisting reporting requirements in order to satisfy the requirements of\\nthis section. The department shall study the feasibility of\\nincorporating health plan reporting requirements, without imposing any\\nextra burden on the physician, regarding network participation into this\\nsection to ensure this information is available, accurate, up-to-date\\nand accessible to consumers.\\n (b) Supplemental information adjustment and security safeguards. The\\ndepartment shall develop a methodology for application to collected\\nphysician data that accounts for factors such as frequency, severity and\\ngeographic area which shall be used to provide context to reported data.\\nAny such methodology shall not diminish the information reported\\npursuant to subdivision one of this section. In developing such\\nmethodology, the department may consult with physicians, including\\nrepresentatives of appropriate specialty societies. The department may\\nalso consult with organizations representing consumers, other health\\ncare providers, and health care plans. Any such methodology shall\\ninclude adequate and appropriate safeguards to ensure the security,\\naccuracy and integrity of health information created, received,\\nmaintained, used or transmitted in connection with the statewide health\\ninformation system. Such safeguards shall be sufficient to meet any\\nminimum standards set by state and federal laws and regulations.\\n (c) Public review. The department shall provide organizations which\\nare representative of consumers, physicians, including representatives\\nof appropriate specialty societies, other health care providers and\\nhealth care plans the opportunity to review and comment on its\\ndeterminations and recommendations. The department shall consider such\\ncomments, and may amend its determinations and recommendations to\\nreflect them.\\n (d) Report. The department shall provide a report of its\\ndeterminations and recommendations under this subdivision to the\\ngovernor and legislature, and make such report publicly available, on or\\nbefore January first, two thousand sixteen. The department shall report\\nannually thereafter to the legislature on the status of the physician\\nprofiles and any recommendations for additions, consolidations or other\\nchanges deemed appropriate.\\n 14. The physician data so disseminated shall be updated at regular\\nintervals to be determined by the department.\\n 15. (a) All physician data disseminated shall include the following\\nstatements: \"THE DATA COLLECTED BY THE DEPARTMENT IS ACCURATE TO THE\\nBEST OF THE KNOWLEDGE OF THE DEPARTMENT, BASED ON THE INFORMATION\\nSUPPLIED BY THE PHYSICIAN WHO IS THE SUBJECT OF THE DATA. WHILE THE\\nDEPARTMENT UTILIZES A VARIETY OF SOURCES OF INFORMATION IN CHECKING THE\\nACCURACY OF THE DATA REPORTED, WE CANNOT BE SURE THAT ALL OF THE\\nINFORMATION ON THIS WEBSITE IS RIGHT, COMPLETE, OR UP-TO-DATE, AND\\nCANNOT BE RESPONSIBLE FOR ANY INFORMATION THAT IS WRONG OR HAS BEEN LEFT\\nOUT. CONSUMERS ARE ENCOURAGED TO CONSULT OTHER SOURCES TO VERIFY OR\\nOBTAIN ADDITIONAL INFORMATION ABOUT A PHYSICIAN. PENDING LEGAL ACTIONS\\nDO NOT IN ANY WAY INDICATE PARTIES' GUILT, LIABILITY OR CULPABILITY.\\nCASES MAY BE DISMISSED, WITHDRAWN, OR SETTLED WITHOUT PAYMENTS TO\\nPLAINTIFFS. ANY DISPOSITION TO A CASE MAY BE SUBJECT TO APPEAL.\" The\\ncommissioner shall ensure that the full text of the statements appear on\\neach web page of the physician profile in a manner that does not require\\nthe user of the site to click on a separate link in order to view the\\nstatements.\\n (b) The department shall provide on the physician profiles an active\\nlink to the website maintained by the unified court system containing\\ninformation on active and disposed cases in the local and state courts\\nin the state.\\n 16. If, after initial dissemination of the physician data required by\\nthis section, the department determines that any such data is not useful\\nfor making quality determinations, the department shall recommend to the\\nlegislature the necessary statutory changes.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2995-B", "title" : "Hospital report cards", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2995-B", "activeDate" : "2014-09-22", "sequenceNo" : 1274, "repealedDate" : null, "fromSection" : "2995-B", "toSection" : "2995-B", "text" : " § 2995-b. Hospital report cards. 1. Collection. The department shall\\ncollect the following hospital data for dissemination to inform consumer\\ndecisionmaking via a statewide health information system:\\n (a) Utilization and performance information to promote quality\\nimprovement activities which was collected and evaluated for appropriate\\ndissemination pursuant to subparagraph (ii) of paragraph (a) of\\nsubdivision one of the former section twenty-eight hundred seven-n of\\nthis chapter, as added by section sixty of chapter six hundred\\nthirty-nine of the laws of nineteen hundred ninety-six;\\n (b) Statewide performance data comparing utilization and selected\\nperformance measures to accepted norms and/or benchmarks developed by\\nrecognized experts, which were developed pursuant to subparagraph (iii)\\nof paragraph (a) of subdivision one of the former section twenty-eight\\nhundred seven-n of this chapter, as added by section sixty of chapter\\nsix hundred thirty-nine of the laws of nineteen hundred ninety-six; and\\n (c) Other hospital data, if any, collected for public dissemination by\\nthe state task force on health care quality improvement pursuant to the\\nformer section twenty-eight hundred four-b of this chapter, as added by\\nsection sixty-a of chapter six hundred thirty-nine of the laws of\\nnineteen hundred ninety-six.\\n 2. Preparation of data and public review. The department shall\\nthereafter prepare and risk-adjust as appropriate the collected hospital\\ndata for dissemination pursuant to the former subparagraph (iii) of\\nparagraph (c) of subdivision two of section twenty-eight hundred four-b\\nof this chapter, as added by section sixty-a of chapter six hundred\\nthirty-nine of the laws of nineteen hundred ninety-six. The department\\nshall coordinate its efforts with programs of the national forum for\\nhealth care quality measurement and reporting (quality forum). The\\ndepartment shall provide each hospital with a copy of the hospital data\\nto be disseminated concerning it. In a manner and time required by the\\ndepartment, the hospital shall be provided with an opportunity to\\ncorrect factual inaccuracies, and to file a statement in a form\\nprescribed by the department concerning the data, which statement shall\\nbe disseminated with such data.\\n 3. Dissemination. The department shall thereafter disseminate the\\ncollected hospital data, with corrections and statements, if any.\\n (a) Thereafter, the hospital data so disseminated shall be updated at\\nregular intervals to be determined by the department.\\n (b) All hospital data disseminated shall include the following\\nstatement: \"THE DATA COLLECTED BY THE DEPARTMENT IS ACCURATE TO THE BEST\\nOF THE KNOWLEDGE OF THE DEPARTMENT, BASED ON THE INFORMATION SUPPLIED BY\\nTHE HOSPITAL WHICH IS THE SUBJECT OF THE DATA.\"\\n (c) If the department determines that any data to be disseminated\\npursuant to this section is not useful for making quality\\ndeterminations, the department shall recommend to the legislature the\\nnecessary statutory changes.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2995-C", "title" : "Health care plan and preferred provider organization data", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2995-C", "activeDate" : "2014-09-22", "sequenceNo" : 1275, "repealedDate" : null, "fromSection" : "2995-C", "toSection" : "2995-C", "text" : " § 2995-c. Health care plan and preferred provider organization data.\\n1. Collection. The department shall collect for dissemination via a\\nstatewide health information system, any health care plan and preferred\\nprovider organization data collected for public dissemination pursuant\\nto the quality assurance reporting requirements developed by the\\ndepartment in conjunction with the national committee on quality\\nassurance.\\n 2. Preparation of data and public review. The department shall\\nthereafter prepare the collected health care plan and preferred provider\\norganization data for dissemination. The department shall provide each\\nhealth care plan with a copy of the health care plan and preferred\\nprovider organization data to be disseminated concerning it. In a manner\\nand time required by the department, the health care plan shall be\\nprovided with an opportunity to correct factual inaccuracies, and to\\nfile a statement in a form prescribed by the department concerning the\\ndata, which statement shall be disseminated with the data.\\n 3. Dissemination. The department shall thereafter disseminate the\\ncollected health care plan and preferred provider organization data,\\norganized and segregated by type of product and type of organization\\noffering the product, with corrections and statements, if any. The\\ndepartment shall share preferred provider organization data with the\\nsuperintendent of financial services.\\n (a) Thereafter, the health care plan and preferred provider\\norganization data so disseminated shall be updated at regular intervals\\nto be determined by the committee.\\n (b) All health care plan and preferred provider organization data\\ndisseminated shall include the following statement: \"THE DATA COLLECTED\\nBY THE DEPARTMENT IS ACCURATE TO THE BEST OF THE KNOWLEDGE OF MEMBERS\\nAND STAFF, BASED ON THE INFORMATION SUPPLIED BY THE HEALTH CARE PLAN\\nWHICH IS THE SUBJECT OF THE DATA.\"\\n (c) If the department determines that any data to be disseminated\\npursuant to this section is not useful for determinations concerning\\nhealth care quality, the department shall recommend to the legislature\\nthe necessary statutory changes.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2995-D", "title" : "Further study of other health care practitioner data", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2995-D", "activeDate" : "2014-09-22", "sequenceNo" : 1276, "repealedDate" : null, "fromSection" : "2995-D", "toSection" : "2995-D", "text" : " § 2995-d. Further study of other health care practitioner data. The\\ndepartment shall:\\n 1. Identify the classes of health care practitioners licensed,\\ncertified or registered pursuant to title eight of the education law,\\nconcerning whom it would be feasible and useful to collect and\\ndisseminate information useful for making determinations concerning\\nhealth care quality;\\n 2. Investigate the types of data concerning such practitioners to\\nwhich the public has access, including all information provided by\\nfederal, state or local agencies, and the applicable data reporting\\nrequirements;\\n 3. Determine which data concerning such practitioners and which\\nmethods of accessing such data, will be the most useful and convenient\\nfor health care consumers;\\n 4. Study the feasibility and utility of providing practitioner\\nprofiles by means of the system commonly known as the Internet, on a\\nsingle website; and\\n 5. Provide a report of its findings to the governor and legislature\\nwithin eighteen months of the effective date of this section.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2996", "title" : "Study of physician credentialing", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2996", "activeDate" : "2014-09-22", "sequenceNo" : 1277, "repealedDate" : null, "fromSection" : "2996", "toSection" : "2996", "text" : " § 2996. Study of physician credentialing. 1. The department shall\\nexamine the feasibility of establishing a clearinghouse for\\ncredentialing information to reduce the burden for physicians required\\nto submit credentials to entities licensed and regulated by the state.\\nAs part of such examination, the department shall:\\n (a) examine the efficacy of the credentialing process prescribed by\\nsection twenty-eight hundred five-j of this chapter;\\n (b) determine which methods of organizing such a clearinghouse with\\nstandardized data in a standardized format will provide the greatest\\nusability and convenience to health care providers and health care\\nplans;\\n (c) identify the most appropriate entity to administer such a\\nclearinghouse, and verify collected credential information; and\\n (d) identify safeguards to protect the privacy of providers\\nparticipating in such a credentialing system.\\n 2. The department shall provide a report of its findings and\\nrecommendations to the governor and legislature within eighteen months\\nof the effective date of this section.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2997", "title" : "Patient privacy", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2997", "activeDate" : "2014-09-22", "sequenceNo" : 1278, "repealedDate" : null, "fromSection" : "2997", "toSection" : "2997", "text" : " § 2997. Patient privacy. 1. The department shall examine state laws\\nprotecting the privacy of individual patient data, and determine the\\nnecessity of supplementing existing protections.\\n 2. The department shall examine federal initiatives protecting the\\nprivacy of individual patient data, and such federal initiatives'\\npotential preemptive effect on state law protections.\\n 3. The department shall provide a report of its findings to the\\ngovernor and the legislature within eighteen months of the effective\\ndate of this section.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2997-A", "title" : "Public access", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2997-A", "activeDate" : "2014-09-22", "sequenceNo" : 1279, "repealedDate" : null, "fromSection" : "2997-A", "toSection" : "2997-A", "text" : " § 2997-a. Public access. Nothing in this title shall abridge public\\naccess to information currently available or permitted by any other\\nprovision or rule of law. Nothing in this title shall not authorize the\\ndisclosure of otherwise confidential information, except pursuant to the\\nexpress terms of this title.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2997-B", "title" : "Pamphlet of department programs", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2997-B", "activeDate" : "2014-09-22", "sequenceNo" : 1280, "repealedDate" : null, "fromSection" : "2997-B", "toSection" : "2997-B", "text" : " § 2997-b. Pamphlet of department programs. The commissioner shall\\ndevelop and transmit to physicians in the state a pamphlet describing a\\nvariety of department programs and initiatives, including but not\\nlimited to smoking cessation programs, public health insurance programs,\\nhealth and quality improvement information, the patient safety center\\nand physician profiles. Each physician practicing in the state shall\\nmake the pamphlet available in his or her practice reception area so\\nthat it is accessible to patients.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2997-C", "title" : "Palliative care patient information", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2024-11-29" ], "docLevelId" : "2997-C", "activeDate" : "2014-09-22", "sequenceNo" : 1281, "repealedDate" : null, "fromSection" : "2997-C", "toSection" : "2997-C", "text" : " § 2997-c. Palliative care patient information. 1. Definitions. As used\\nin this section, the following terms shall have the following meanings,\\nunless the context clearly requires otherwise:\\n (a) \"Appropriate\" means consistent with applicable legal, health and\\nprofessional standards; the patient's clinical and other circumstances;\\nand the patient's reasonably known wishes and beliefs.\\n (b) \"Attending health care practitioner\" means a physician or nurse\\npractitioner who has primary responsibility for the care and treatment\\nof the patient. Where more than one physician or nurse practitioner\\nshare that responsibility, each of them has responsibility under this\\nsection, unless they agree to assign that responsibility to one of them.\\n (c) \"Palliative care\" means health care treatment, including\\ninterdisciplinary end-of-life care, and consultation with patients and\\nfamily members, to prevent or relieve pain and suffering and to enhance\\nthe patient's quality of life, including hospice care under article\\nforty of this chapter.\\n (d) \"Terminal illness or condition\" means an illness or condition\\nwhich can reasonably be expected to cause death within six months,\\nwhether or not treatment is provided.\\n 2. If a patient is diagnosed with a terminal illness or condition, the\\npatient's attending health care practitioner shall offer to provide the\\npatient with:\\n (a) information and counseling regarding palliative care and\\nend-of-life options appropriate to the patient, including but not\\nlimited to: the range of options appropriate to the patient; the\\nprognosis, risks and benefits of the various options; and the patient's\\nlegal rights to comprehensive pain and symptom management at the end of\\nlife, and\\n (b) information regarding other appropriate treatment options should\\nthe patient wish to initiate or continue treatment. The information and\\ncounseling may be provided orally or in writing. Where the patient lacks\\ncapacity to reasonably understand and make informed choices relating to\\npalliative care, the attending health care practitioner shall provide\\ninformation and counseling under this section to a person with authority\\nto make health care decisions for the patient. The attending health care\\npractitioner may arrange for information and counseling under this\\nsection to be provided by another professionally qualified individual.\\n 3. Where the attending health care practitioner is not willing or does\\nnot feel qualified to provide the patient with information and\\ncounseling under this section, he or she shall arrange for another\\nphysician or nurse practitioner to do so, or shall refer or transfer the\\npatient to another physician or nurse practitioner willing to do so.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2997-D", "title" : "Hospital, nursing home, home care, special needs assisted living residences and enhanced assisted living residences palliative care support", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2997-D", "activeDate" : "2014-09-22", "sequenceNo" : 1282, "repealedDate" : null, "fromSection" : "2997-D", "toSection" : "2997-D", "text" : " § 2997-d. Hospital, nursing home, home care, special needs assisted\\nliving residences and enhanced assisted living residences palliative\\ncare support. 1. (a) \"Palliative care\" means health care treatment,\\nincluding interdisciplinary end-of-life care, and consultation with\\npatients and family members, to prevent or relieve pain and suffering\\nand to enhance the patient's quality of life, including hospice care\\nunder article forty of this chapter.\\n (b) \"Appropriate\" has the same meaning as paragraph (a) of subdivision\\none of section twenty-nine hundred ninety-seven-c of this title.\\n 2. General hospitals, nursing homes, organizations licensed or\\ncertified pursuant to article thirty-six of this chapter, and\\norganizations licensed as special needs assisted living residences or\\nenhanced assisted living residences pursuant to article forty-six-B of\\nthis chapter shall establish policies and procedures to provide patients\\nwith advanced life limiting conditions and illnesses who might benefit\\nfrom palliative care, including associated pain management, services\\nwith access to information and counseling regarding such options\\nappropriate to the patient. Policies must include provision for patients\\nwho lack capacity to make medical decisions, so that access to such\\ninformation and counseling shall be provided to the persons who are\\nlegally authorized to make medical decisions on behalf of such patients.\\n 3. General hospitals, nursing homes, organizations licensed or\\ncertified pursuant to article thirty-six of this chapter, and\\norganizations licensed as special needs assisted living residences or\\nenhanced assisted living residences pursuant to article forty-six-B of\\nthis chapter shall facilitate access to appropriate palliative care\\nconsultations and services, including associated pain management\\nconsultations and services, including but not limited to referrals\\nconsistent with patient needs and preferences. The department shall take\\ninto account access and proximity of palliative care services, including\\nthe availability of hospice and palliative care board certified\\npractitioners and other related workforce staff, geographic factors, and\\nfacility size that may impact development of palliative care services.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2997-E", "title" : "Provision of contact information relating to long term care", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2997-E", "activeDate" : "2014-09-22", "sequenceNo" : 1283, "repealedDate" : null, "fromSection" : "2997-E", "toSection" : "2997-E", "text" : " § 2997-e. Provision of contact information relating to long term care.\\nWhenever a health care provider or practitioner makes a recommendation\\nregarding the necessity of long term care services or a referral for the\\nreceipt of long term care services to a patient, the patient or\\npatient's designated representative shall be provided by the health care\\nprovider or practitioner the contact information for NY Connects:\\nChoices for Long Term Care, established pursuant to subdivision eight of\\nsection two hundred three of the elder law, that corresponds to the\\npatient's county of residence or prospective county of residence based\\non the preference of the patient.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2997-F", "title" : "Provision of information relating to aging services", "docType" : "SECTION", "publishedDates" : [ "2015-12-18" ], "docLevelId" : "2997-F", "activeDate" : "2015-12-18", "sequenceNo" : 1284, "repealedDate" : null, "fromSection" : "2997-F", "toSection" : "2997-F", "text" : " § 2997-f. Provision of information relating to aging services.\\nWhenever a hospital is discharging an individual aged sixty years of age\\nor older, the hospital's discharge coordinator shall provide such\\nindividual with a copy of the information provided to them pursuant to\\nsubdivision eleven of section two hundred three of the elder law that\\ncorresponds to the individual's county of residence.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 13 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A29-DT1-A", "title" : "Safe Patient Handling", "docType" : "TITLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1-A", "activeDate" : "2014-09-22", "sequenceNo" : 1285, "repealedDate" : null, "fromSection" : "2997-G", "toSection" : "2997-L", "text" : " TITLE 1-A\\n SAFE PATIENT HANDLING\\nSection 2997-g. Legislative intent.\\n 2997-h. Definitions.\\n 2997-i. Safe patient handling workgroup.\\n 2997-j. Dissemination of best practices, examples of sample safe\\n patient handling policies and other resources and\\n tools.\\n 2997-k. Safe patient handling committees; programs.\\n 2997-l. Activities.\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2997-G", "title" : "Legislative intent", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2997-G", "activeDate" : "2014-09-22", "sequenceNo" : 1286, "repealedDate" : null, "fromSection" : "2997-G", "toSection" : "2997-G", "text" : " § 2997-g. Legislative intent. The legislature hereby finds and\\ndeclares that it is in the public interest for health care facilities to\\nimplement safe patient handling policies. There are many benefits that\\ncan be derived from safe patient handling programs. Patients benefit\\nthrough improved quality of care and quality of life by reducing the\\nrisk of injury. Caregivers also benefit from the reduced risk of career\\nending and debilitating injuries leading to increased morale, improved\\njob satisfaction, and longevity in the profession. Health care\\nfacilities may realize a return on their investment through reduced\\nworkers' compensation medical and indemnity costs, reduced lost\\nworkdays, and improved recruitment and retention of caregivers. All of\\nthis could lead to fiscal improvement in health care in New York State.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2997-H", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2997-H", "activeDate" : "2014-09-22", "sequenceNo" : 1287, "repealedDate" : null, "fromSection" : "2997-H", "toSection" : "2997-H", "text" : " § 2997-h. Definitions. For the purposes of this title:\\n 1. \"Health care facility\" shall mean general hospitals, residential\\nhealth care facilities, diagnostic and treatment centers, and clinics\\nlicensed pursuant to article twenty-eight of this chapter, facilities\\nwhich provide health care services and are licensed or operated pursuant\\nto article eight of the education law, article nineteen-G of the\\nexecutive law or the correction law, and hospitals and schools defined\\nin section 1.03 of the mental hygiene law.\\n 2. \"Nurse\" shall mean a registered professional nurse or a licensed\\npractical nurse as defined by article one hundred thirty-nine of the\\neducation law.\\n 3. \"Direct care worker\" shall mean any employee of a health care\\nfacility who is responsible for patient handling or patient assessment\\nas a regular or incidental part of his or her employment, including any\\nlicensed or unlicensed health care worker.\\n 4. \"Employee representative\" shall mean the recognized or certified\\ncollective bargaining agent for nurses or direct care workers of a\\nhealth care facility.\\n 5. \"Safe patient handling\" shall mean the use of engineering controls,\\nlifting and transfer aids, or assistive devices by staff to perform the\\nacts of lifting, transferring and repositioning health care patients and\\nresidents.\\n 6. \"Musculoskeletal disorders\" shall mean conditions that involve the\\nnerves, tendons, muscles and supporting structures of the body.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2997-I", "title" : "Safe patient handling workgroup", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2997-I", "activeDate" : "2014-09-22", "sequenceNo" : 1288, "repealedDate" : null, "fromSection" : "2997-I", "toSection" : "2997-I", "text" : " § 2997-i. Safe patient handling workgroup. 1. The commissioner shall\\nestablish a safe patient handling workgroup (referred to in this section\\nas the \"workgroup\") within the department. The workgroup shall consist\\nof, at the minimum, the commissioner or his or her designee; the\\ncommissioner of labor or his or her designee; representatives of health\\ncare provider organizations; representatives from employee organizations\\nrepresenting nurses and representatives from employee organizations\\nrepresenting direct care workers; representatives of nurse executives;\\nrepresentatives who are certified ergonomist evaluation specialists; and\\nrepresentatives who have expertise in fields of discipline related to\\nhealth care or occupational safety.\\n 2. Workgroup members shall receive no compensation for their services\\nas members of the workgroup, but shall be reimbursed for actual and\\nnecessary expenses incurred in the performance of their duties.\\n 3. The workgroup shall be established no later than January first, two\\nthousand fifteen.\\n 4. The workgroup shall:\\n (a) Review existing safe patient handling programs or policies,\\nincluding demonstration programs previously authorized by chapter seven\\nhundred thirty-eight of the laws of two thousand five and national data\\nand results;\\n (b) Consult with any organization, educational institution, other\\ngovernment entity or agency or person that the workgroup determines may\\nbe able to provide information and expertise on the development and\\nimplementation of safe patient handling programs;\\n (c) Identify or develop training materials for consideration by health\\ncare facilities; and\\n (d) Submit a report to the commissioner by July first, two thousand\\nfifteen identifying safe patient handling program best practices,\\nproviding examples of sample policies, and identifying resources and\\ntools useful for providers to meet the goals of safe patient handling\\npolicies.\\n 5. All state departments, commissions, agencies, and public\\nauthorities shall provide the workgroup with any reasonably requested\\nassistance or advice in a timely manner.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2997-J", "title" : "Dissemination of best practices, examples of sample safe patient handling policies and other resources and tools", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2997-J", "activeDate" : "2014-09-22", "sequenceNo" : 1289, "repealedDate" : null, "fromSection" : "2997-J", "toSection" : "2997-J", "text" : " § 2997-j. Dissemination of best practices, examples of sample safe\\npatient handling policies and other resources and tools. The\\ncommissioner shall disseminate best practices, examples of sample safe\\npatient handling policies, and other resources and tools to health care\\nfacilities, taking into consideration the recommendations of the safe\\npatient handling workgroup. Such best practices, examples of sample safe\\npatient handling policies, and other resources and tools shall be made\\navailable to all facilities covered by this title on or before January\\nfirst, two thousand sixteen.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2997-K", "title" : "Safe patient handling committees; programs", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2997-K", "activeDate" : "2014-09-22", "sequenceNo" : 1290, "repealedDate" : null, "fromSection" : "2997-K", "toSection" : "2997-K", "text" : " § 2997-k. Safe patient handling committees; programs. 1. On or before\\nJanuary first, two thousand sixteen, each health care facility shall\\nestablish a safe patient handling committee (referred to in this section\\nas a \"committee\" except where the context clearly requires otherwise)\\neither by creating a new committee or assigning the functions of a safe\\npatient handling committee to an existing committee, including but not\\nlimited to a safety committee or quality assurance committee, or\\nsubcommittee thereof. The purpose of a committee is to design and\\nrecommend the process for implementing a safe patient handling program\\nfor the health care facility. The committee shall include individuals\\nwith expertise or experience that is relevant to safe patient handling,\\nincluding risk management, nursing, purchasing, or occupational safety\\nand health, and in facilities where there are employee representatives,\\nat least one shall be appointed on behalf of nurses and at least one\\nshall be appointed on behalf of direct care workers. One half of the\\nmembers of the committee shall be frontline non-managerial employees who\\nprovide direct care to patients. At least one non-managerial nurse and\\none non-managerial direct care worker shall be on the safe patient\\nhandling committee. In health care facilities where a resident council\\nis established, and where feasible, at least one member of the safe\\npatient handling committee shall be a representative from the resident\\ncouncil. The committee shall have two co-chairs with one from management\\nand one frontline non-managerial nurse or direct care worker.\\n 2. On or before January first, two thousand seventeen, each health\\ncare facility, in consultation with the committee, shall establish a\\nsafe patient handling program. As part of this program, a health care\\nfacility shall:\\n (a) implement a safe patient handling policy, considering the elements\\nof the sample safe patient handling policies and best practices\\ndisseminated by the commissioner, as well as the type of facility and\\nits services, patient populations and care plans, types of caregivers,\\nand physical environment, for all shifts and units of the health care\\nfacility. Implementation of the safe patient handling policy may be\\nphased-in;\\n (b) conduct a patient handling hazard assessment. This assessment\\nshould consider such variables as patient-handling tasks, types of\\nnursing units, patient populations and the physical environment of\\npatient care areas;\\n (c) develop a process to identify the appropriate use of the safe\\npatient handling policy based on the patient's physical and medical\\ncondition and the availability of safe patient handling equipment. The\\npolicy shall include a means to address circumstances under which it\\nwould be contraindicated based on a patient's physical, medical,\\nweight-bearing, cognitive and/or rehabilitative status to use lifting or\\ntransfer aids or assistive devices for particular patients;\\n (d) provide initial and on-going yearly training and education on safe\\npatient handling for current employees and new hires, and establish\\nprocedures to ensure that retraining for those found to be deficient is\\nprovided as needed;\\n (e) set up and utilize a process for incident investigation and\\npost-investigation review which may include a plan of correction and\\nimplementation of controls;\\n (f) conduct an annual performance evaluation of the program to\\ndetermine its effectiveness, with the results of the evaluation reported\\nto the committee. The evaluation shall determine the extent to which\\nimplementation of the program has resulted in a reduction in the risk of\\ninjury to patients, musculoskeletal disorder claims and days of lost\\nwork attributable to musculoskeletal disorders by employees caused by\\npatient handling, and include recommendations to increase the program's\\neffectiveness;\\n (g) when developing architectural plans for constructing or remodeling\\na health care facility or a unit of a health care facility in which\\npatient handling and movement occurs, consider the feasibility of\\nincorporating patient handling equipment or the physical space and\\nconstruction design needed to incorporate that equipment at a later\\ndate; and\\n (h) develop a process by which employees may refuse to perform or be\\ninvolved in patient handling or movement that the employee reasonably\\nbelieves in good faith will expose a patient or health care facility\\nemployee to an unacceptable risk of injury. Such process shall require\\nthat the nurse or direct care worker make a good faith effort to ensure\\npatient safety and bring the matter to the attention of the facility in\\na timely manner. A health care facility employee who reasonably and in\\ngood faith follows the process developed by the health care facility in\\naccordance with this subdivision shall not be the subject of\\ndisciplinary action by the health care facility for the refusal to\\nperform or be involved in the patient handling or movement.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2997-L", "title" : "Activities", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2997-L", "activeDate" : "2014-09-22", "sequenceNo" : 1291, "repealedDate" : null, "fromSection" : "2997-L", "toSection" : "2997-L", "text" : " § 2997-l. Activities. The activities enumerated in section twenty-nine\\nhundred ninety-seven-k of this title shall be undertaken consistent with\\nsection twenty-eight hundred five-j of this chapter by a covered health\\ncare provider and shall be deemed activities of such program as\\ndescribed in such section and any and all information attributable to\\nsuch activities shall be subject to provisions of section twenty-eight\\nhundred five-m of this chapter and section sixty-five hundred\\ntwenty-seven of the education law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 6 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A29-DT2", "title" : "Quality Improvement", "docType" : "TITLE", "publishedDates" : [ "2014-09-22", "2015-05-01", "2022-03-04" ], "docLevelId" : "2", "activeDate" : "2015-05-01", "sequenceNo" : 1292, "repealedDate" : null, "fromSection" : "2998", "toSection" : "2999-A", "text" : " TITLE 2\\n QUALITY IMPROVEMENT\\nSection 2998. Patient safety center.\\n 2998-a. Information.\\n 2998-b. Safety goals.\\n 2998-c. Best practices.\\n 2998-d. Voluntary and collaborative reporting system.\\n 2998-e. Reporting in office based surgery.\\n 2999. Contracting with private entities.\\n 2999-a. Public access.\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2998", "title" : "Patient safety center", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2998", "activeDate" : "2014-09-22", "sequenceNo" : 1293, "repealedDate" : null, "fromSection" : "2998", "toSection" : "2998", "text" : " § 2998. Patient safety center. 1. There is established within the\\ndepartment a patient safety center, referred to in this article as \"the\\ncenter\".\\n 2. The purpose of the center is to maximize patient safety, reduce\\nmedical errors, and improve the quality of health care by improving\\nsystems of data reporting, collection, analysis and dissemination, and\\nto improve public access to health care information not otherwise\\nrestricted.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2998-A", "title" : "Information", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2017-08-04" ], "docLevelId" : "2998-A", "activeDate" : "2017-08-04", "sequenceNo" : 1294, "repealedDate" : null, "fromSection" : "2998-A", "toSection" : "2998-A", "text" : " § 2998-a. Information. 1. The center shall identify available\\ninformation that is useful for maximizing patient safety, reducing\\nmedical errors, and improving health care quality, including information\\navailable from federal, state and local agencies. The center shall\\nevaluate reporting requirements and develop recommendations for the\\nlegislature to consolidate data collection and eliminate duplicative and\\nunnecessary reporting requirements, and to supplement existing reporting\\nrequirements in order to satisfy the requirements of this article.\\n 2. The center shall promote the coordination of the activities of the\\ncenter with the duties and responsibilities of the department under\\ntitle one of this article, and with federal and other programs for\\nimproving patient safety or health care quality including programs of\\nthe national forum for health care quality measurement and reporting\\n(quality forum).\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2998-B", "title" : "Safety goals", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2017-08-04" ], "docLevelId" : "2998-B", "activeDate" : "2017-08-04", "sequenceNo" : 1295, "repealedDate" : null, "fromSection" : "2998-B", "toSection" : "2998-B", "text" : " § 2998-b. Safety goals. 1. The center shall:\\n (a) Promote the development and dissemination or regional and\\nstatewide performance information, and efforts by health care\\norganizations, health plans, health care providers and health care\\nprofessionals to participate in voluntary, cooperative efforts to\\nimprove patient safety and health care quality, consistent with state\\nlaw;\\n (b) Utilize the information collected pursuant to this title to\\nrecommend statewide medical safety goals and track the progress of\\nhealth care providers in meeting these safety goals;\\n (c) Develop programs to assure the validity of statewide data\\nreporting systems, including the use of random audit;\\n (d) Analyze and report on health care performance of health care\\nproviders and health care professionals in New York state pursuant to\\nthis title; and\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2998-C", "title" : "Best practices", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2017-08-04" ], "docLevelId" : "2998-C", "activeDate" : "2017-08-04", "sequenceNo" : 1296, "repealedDate" : null, "fromSection" : "2998-C", "toSection" : "2998-C", "text" : " § 2998-c. Best practices. 1. The center shall:\\n (a) Review and promote research to assist health care providers and\\nhealth plans in identifying systemic problems in health care leading to\\nmedical errors or impairing patient safety or health care quality,\\nidentifying appropriate quality improvement strategies and developing\\nand adopting health care best practices;\\n (b) Serve as a clearing house of information for health care providers\\nconcerning quality improvement strategies and best practices; and\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2998-D", "title" : "Voluntary and collaborative reporting system", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2998-D", "activeDate" : "2014-09-22", "sequenceNo" : 1297, "repealedDate" : null, "fromSection" : "2998-D", "toSection" : "2998-D", "text" : " § 2998-d. Voluntary and collaborative reporting system. The center, in\\ncollaboration with health care providers, shall develop a voluntary and\\ncollaborative reporting system, for the purposes of obtaining\\ninformation useful for maximizing patient safety, reducing medical\\nerrors, and improving the quality of health care pursuant to this title.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2998-E", "title" : "Reporting in office based surgery", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-05-01", "2016-04-15" ], "docLevelId" : "2998-E", "activeDate" : "2016-04-15", "sequenceNo" : 1298, "repealedDate" : null, "fromSection" : "2998-E", "toSection" : "2998-E", "text" : " § 2998-e. Reporting in office based surgery. 1. The commissioner may\\nenter into agreements with accrediting agencies to require all\\noffice-based surgical practices to conduct quality improvement and\\nquality assurance activities and utilize certification by an appropriate\\ncertifying organization, hospital privileging or other equivalent\\nmethods to determine competency of practitioners to perform office-based\\nsurgery, carry out surveys or complaint/incident investigations and\\nshall report, at a minimum, findings of surveys and complaint/incident\\ninvestigations, and data for all office-based surgical practices\\naccredited by the accrediting agencies to the department. The department\\nmay disclose reports of aggregate data to the public.\\n 2. The information required to be collected, maintained and reported\\ndirectly to the department and the accrediting agencies and maintained\\nby office-based surgery practices under adverse event reporting, quality\\nimprovement and quality assurance activities pursuant to section two\\nhundred thirty-d of this chapter shall be kept confidential and shall\\nnot be released, except to the department and except as required or\\npermitted under subdivision nine-a and subparagraph (v) of paragraph (a)\\nof subdivision ten of section two hundred thirty of this chapter.\\nNotwithstanding any other provision of law, none of the information\\ncollected, maintained and reported to the department or the accrediting\\nagencies, and maintained by the office-based surgery practices under\\nadverse event reporting, quality improvement and quality assurance\\nactivities pursuant to this section shall be subject to disclosure under\\narticle six of the public officers law or article thirty-one of the\\ncivil practice law and rules.\\n 3. The commissioner shall make, adopt, promulgate and enforce such\\nrules and regulations, as he or she may deem appropriate, to effectuate\\nthe purposes of this section. Where any rule or regulation under this\\nsection would affect the scope of practice of a health care practitioner\\nlicensed, registered or certified under title eight of the education law\\nother than those licensed under articles one hundred thirty-one or one\\nhundred thirty-one-B of the education law, the rule or regulation shall\\nbe made with the concurrence of the commissioner of education.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2999", "title" : "Contracting with private entities", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2999", "activeDate" : "2014-09-22", "sequenceNo" : 1299, "repealedDate" : null, "fromSection" : "2999", "toSection" : "2999", "text" : " § 2999. Contracting with private entities. The center may contract\\nwith one or more private entities to undertake the duties delineated in\\nthis title. Such entities shall remain subject to existing\\nconfidentiality protections.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2999-A", "title" : "Public access", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2999-A", "activeDate" : "2014-09-22", "sequenceNo" : 1300, "repealedDate" : null, "fromSection" : "2999-A", "toSection" : "2999-A", "text" : " § 2999-a. Public access. Nothing in this title shall abridge public\\naccess to information currently available or permitted by any other\\nprovision or rule of law. Nothing in this title shall authorize the\\ndisclosure of otherwise confidential information, except pursuant to the\\nexpress terms of this title.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 8 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A29-DT3", "title" : "Pay For Performance", "docType" : "TITLE", "publishedDates" : [ "2014-09-22", "2015-04-10" ], "docLevelId" : "3", "activeDate" : "2015-04-10", "sequenceNo" : 1301, "repealedDate" : null, "fromSection" : "2999-B", "toSection" : "2999-F", "text" : " * TITLE 3 -- PAY FOR PERFORMANCE\\nSection 2999-b. Legislative intent.\\n 2999-c. Definition.\\n 2999-d. Commissioner's workgroup.\\n 2999-e. Demonstration projects.\\n 2999-f. Authorizations.\\n * NB Expired April 1, 2011\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2999-B", "title" : "Legislative intent", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2999-B", "activeDate" : "2014-09-22", "sequenceNo" : 1302, "repealedDate" : null, "fromSection" : "2999-B", "toSection" : "2999-B", "text" : " * § 2999-b. Legislative intent. It is the intent of the legislature to\\npromote patient safety and the quality of care, as well as the cost\\neffectiveness of such care, by convening providers and payers to develop\\nclinical measures, and the metrics on which to measure provider\\nperformance. Thereafter, it is the legislature's intent to encourage and\\nsupport regional demonstration projects involving multiple payors\\nutilizing such metrics as the basis for providing financial incentives\\nto providers to achieve increased quality and cost effectiveness.\\n * NB Expired April 1, 2011\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2999-C", "title" : "Definition", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2999-C", "activeDate" : "2014-09-22", "sequenceNo" : 1303, "repealedDate" : null, "fromSection" : "2999-C", "toSection" : "2999-C", "text" : " * § 2999-c. Definition. \"Health care plan\" shall have the same meaning\\nset forth in subdivision four-e of section forty-nine hundred of this\\nchapter.\\n * NB Expired April 1, 2011\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2999-D", "title" : "Commissioner's workgroup", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2999-D", "activeDate" : "2014-09-22", "sequenceNo" : 1304, "repealedDate" : null, "fromSection" : "2999-D", "toSection" : "2999-D", "text" : " * § 2999-d. Commissioner's workgroup. 1. The commissioner shall,\\nwithin ninety days of the effective date of this title, convene and\\nchair, directly or through a designee or designees, a workgroup\\nincluding but not necessarily limited to representatives of statewide\\nand regional health care provider associations, health care plan\\nassociations and conferences, hospital representatives, consumers, labor\\nand self-insured employers. The commissioner shall consider\\nrecommendations and criteria developed by the workgroup in making\\ndeterminations under this title.\\n 2. The workgroup shall seek consensus on clinical measures and\\nmeasurement criteria necessary and appropriate to achieve improvement in\\nquality performance by providers in delivering health care services;\\nfurther, it shall develop metrics to be utilized by demonstration\\nprojects selected pursuant to the provisions of this title which will,\\nwhen implemented:\\n (a) promote the use of best practices through the development of\\nbroadly agreed upon evidence-based performance measures;\\n (b) improve care coordination through the participation of multiple\\nstakeholders;\\n (c) institute long-term quality improvement;\\n (d) encourage appropriate utilization of health care services and\\nimprove health outcomes through the use of evidence-based medicine\\npractice guidelines; and\\n (e) promote self-management by consumers through the implementation of\\npatient-specific metrics and resource supports for consumers.\\n 3. In its recommendations, the workgroup shall give consideration to\\nthe appropriate number of participants in each demonstration project as\\nwell as the geographic boundaries of each demonstration project.\\n * NB Expired April 1, 2011\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2999-E", "title" : "Demonstration projects", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2999-E", "activeDate" : "2014-09-22", "sequenceNo" : 1305, "repealedDate" : null, "fromSection" : "2999-E", "toSection" : "2999-E", "text" : " * § 2999-e. Demonstration projects. 1. Notwithstanding any\\ninconsistent regulation of the department, the commissioner is\\nauthorized and shall select up to five demonstration projects throughout\\nthe state, pursuant to a competitive bid or request for proposal\\nprocess, which have been determined by the commissioner to encompass one\\nor more of the following elements:\\n (a) use of the workgroup metrics to measure and reward physician,\\nclinic and hospital performance;\\n (b) involvement of multiple payers, including government programs,\\nmultiple providers and multiple communities voluntarily agreeing to\\nemploy the workgroup metrics to reward physician, clinic and hospital\\nperformance for quality improvement;\\n (c) use of information technology to share patient information among\\nproviders to improve coordination of patient care;\\n (d) targeted improvement in care coordination through the\\nparticipation of multiple stakeholders;\\n (e) collection, analysis and public reporting on the risk-adjusted\\nmeasures, incentives and processes utilized, and outcomes; and\\n (f) programs to enhance patient self-management through adherence to\\ntreatment plans.\\n 2. In evaluating proposed demonstration projects, the commissioner\\nshall consider the degree to which a proposed project reflects the\\nelements listed above including demonstrated commitments on the part of\\nall practitioners, providers and payors to participate.\\n 3. (a) There shall be no more than five demonstration projects under\\nthis title.\\n (b) Where any demonstration project involves recipients of Medicaid,\\nfamily health plus, or child health plus, those recipients shall not\\nconstitute more than half the individuals covered by the demonstration\\nproject and their health care, measured in the amount of annual\\nreimbursement, shall not cover more than half of the health care covered\\nby the demonstration project.\\n (c) No demonstration project shall limit the scope or terms of\\ncoverage or limit the grounds or procedural rights for appealing a\\ndenial of reimbursement for a health care service, for any consumer,\\nenrollee, or recipient subject to the demonstration project.\\n * NB Expired April 1, 2011\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2999-F", "title" : "Authorizations", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2999-F", "activeDate" : "2014-09-22", "sequenceNo" : 1306, "repealedDate" : null, "fromSection" : "2999-F", "toSection" : "2999-F", "text" : " * § 2999-f. Authorizations. 1. The commissioner may contract with\\nprojects and provide grants to support projects to the extent funds are\\nappropriated for such purpose.\\n 2. Upon the request of a sponsoring health plan, the commissioner may\\nauthorize the participation of the Medicaid, family health plus and\\nchild health plus programs in one or more demonstration projects,\\nprovided that enrollee participation shall be on a voluntary basis.\\n 3. The commissioner may contract with entities possessing expertise\\ndeemed necessary to assist in the evaluation of the metrics developed by\\nthe workgroup and individual project designs to the extent funds are\\nappropriated for such purpose.\\n 4. The commissioner shall report to the governor and the legislature\\non or before March first, two thousand six, on the results of the\\ncommissioner's workgroup, and shall report within three years of the\\neffective date of this title, and again six months prior to the\\nexpiration date of this title, on the number of demonstration projects\\nchosen and on the operation and effectiveness of each demonstration\\nundertaken, together with any recommendations the commissioner deems\\nappropriate.\\n 5. Nothing in this title shall:\\n (a) diminish or waive any right, remedy or benefit of any health care\\nprovider, consumer, enrollee, or recipient under the provisions of this\\nchapter, the insurance law or the social services law; or\\n (b) diminish, waive, or provide any exemption from any provision of\\nthe anti-trust or trade regulation laws of the state or the United\\nStates; or\\n (c) diminish, waive or supersede any provision of an applicable\\ncollective bargaining agreement.\\n 6. This title shall expire on April first, two thousand eleven.\\n * NB Expired April 1, 2011\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 5 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A29-DT4", "title" : "New York State Medical Indemnity Fund", "docType" : "TITLE", "publishedDates" : [ "2014-09-22", "2017-01-06", "2017-02-17", "2023-01-06", "2023-03-31" ], "docLevelId" : "4", "activeDate" : "2017-02-17", "sequenceNo" : 1307, "repealedDate" : null, "fromSection" : "2999-G", "toSection" : "2999-J", "text" : " TITLE 4\\n NEW YORK STATE MEDICAL INDEMNITY FUND\\nSection 2999-g. Purpose of this title.\\n 2999-h. Definitions.\\n 2999-i. Custody and administration of the fund.\\n 2999-j. Payments from the fund.\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2999-G", "title" : "Purpose of this title", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2999-G", "activeDate" : "2014-09-22", "sequenceNo" : 1308, "repealedDate" : null, "fromSection" : "2999-G", "toSection" : "2999-G", "text" : " § 2999-g. Purpose of this title. Creation of the New York state\\nmedical indemnity fund. There is hereby created the New York state\\nmedical indemnity fund (the \"fund\"). The purpose of the fund is to\\nprovide a funding source for future health care costs associated with\\nbirth related neurological injuries, in order to reduce premium costs\\nfor medical malpractice insurance coverage.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2999-H", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2017-01-06", "2017-02-17", "2019-04-19", "2019-10-04", "2023-01-06", "2023-02-03", "2023-02-10", "2023-03-31" ], "docLevelId" : "2999-H", "activeDate" : "2019-04-19", "sequenceNo" : 1309, "repealedDate" : null, "fromSection" : "2999-H", "toSection" : "2999-H", "text" : " § 2999-h. Definitions. As used in this title, unless the context or\\nsubject matter requires otherwise:\\n 1. \"Birth-related neurological injury\" means an injury to the brain or\\nspinal cord of a live infant caused by the deprivation of oxygen or\\nmechanical injury occurring in the course of labor, delivery or\\nresuscitation, or by other medical services provided or not provided\\nduring delivery admission, that rendered the infant with a permanent and\\nsubstantial motor impairment or with a developmental disability as that\\nterm is defined by section 1.03 of the mental hygiene law, or both. This\\ndefinition shall apply to live births only.\\n 2. \"Fund\" means the New York state medical indemnity fund.\\n 3. \"Qualifying health care costs\" means the future medical, hospital,\\nsurgical, nursing, dental, rehabilitation, habilitation, respite,\\ncustodial, durable medical equipment, home modifications, assistive\\ntechnology, vehicle modifications, transportation for purposes of health\\ncare related appointments, prescription and non-prescription\\nmedications, and other health care costs actually incurred for services\\nrendered to and supplies utilized by qualified plaintiffs, which are\\nnecessary to meet their health care needs, as determined by their\\ntreating physicians, physician assistants, or nurse practitioners and as\\notherwise defined by the commissioner in regulation.\\n * 4. \"Qualified plaintiff\" means every plaintiff or claimant who (i)\\nhas been found by a jury or court to have sustained a birth-related\\nneurological injury as the result of medical malpractice, or (ii) has\\nsustained a birth-related neurological injury as the result of alleged\\nmedical malpractice, and has settled his or her lawsuit or claim\\ntherefor.\\n * NB Effective until October 1, 2019\\n * 4. \"Qualified plaintiff\" means every plaintiff or claimant who (i)\\nhas been found by a jury or court to have sustained a birth-related\\nneurological injury as the result of medical malpractice, or (ii) has\\nsustained a birth-related neurological injury as the result of alleged\\nmedical malpractice, and has settled his or her lawsuit or claim\\ntherefor; and (iii) has been ordered to be enrolled in the fund by a\\ncourt in New York state.\\n * NB Effective October 1, 2019\\n * 5. Any reference to the \"department of financial services\" and the\\n\"superintendent of financial services\" in this title shall mean, prior\\nto October third, two thousand eleven, respectively, the \"department of\\ninsurance\" and \"superintendent of insurance.\"\\n * NB Effective until October 1, 2019\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2999-I", "title" : "Custody and administration of the fund", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2019-04-19", "2019-10-04" ], "docLevelId" : "2999-I", "activeDate" : "2019-04-19", "sequenceNo" : 1310, "repealedDate" : null, "fromSection" : "2999-I", "toSection" : "2999-I", "text" : " * § 2999-i. Custody and administration of the fund. 1. (a) The\\ncommissioner of taxation and finance shall be the custodian of the fund\\nand the special account established pursuant to section ninety-nine-t of\\nthe state finance law. All payments from the fund shall be made by the\\ncommissioner of taxation and finance upon certificates signed by the\\nsuperintendent of financial services, or his or her designee, as\\nhereinafter provided. The fund shall be separate and apart from any\\nother fund and from all other state monies; provided, however, that\\nmonies of the fund may be invested as set forth in paragraph (b) of this\\nsubdivision. No monies from the fund shall be transferred to any other\\nfund, nor shall any such monies be applied to the making of any payment\\nfor any purpose other than the purpose set forth in this title.\\n (b) Any monies of the fund not required for immediate use may, at the\\ndiscretion of the commissioner of financial services in consultation\\nwith the commissioner of health and the director of the budget, be\\ninvested by the commissioner of taxation and finance in obligations of\\nthe United States or the state or obligations the principal and interest\\nof which are guaranteed by the United States or the state. The proceeds\\nof any such investment shall be retained by the fund as assets to be\\nused for the purposes of the fund.\\n 2. (a) The fund shall be administered by the superintendent of\\nfinancial services or his or her designee in accordance with the\\nprovisions of this article.\\n (b) The superintendent of financial services shall have all powers\\nnecessary and proper to carry out the purposes of the fund.\\n (c) Notwithstanding any contrary provision of this section, sections\\none hundred twelve and one hundred sixty-three of the state finance law\\nor any other contrary provision of law, the superintendent of financial\\nservices is authorized to enter into a contract or contracts without a\\ncompetitive bid or request for proposal process for purposes of\\nadministering the fund for the first year of its operation and in\\npreparation therefor.\\n (d) The department of financial services and the department shall post\\non their websites information about the fund, eligibility for enrollment\\nin the fund, and the process for enrollment in the fund.\\n 3. The expense of administering the fund, including the expenses\\nincurred by the department, shall be paid from the fund.\\n 4. Monies for the fund will be provided pursuant to this chapter.\\n 5. For the state fiscal year beginning April first, two thousand\\neleven and ending March thirty-first, two thousand twelve, the state\\nfiscal year beginning April first, two thousand twelve and ending March\\nthirty-first, two thousand thirteen, and the state fiscal year beginning\\nApril first, two thousand thirteen and ending March thirty-first, two\\nthousand fourteen, the superintendent of financial services shall cause\\nto be deposited into the fund for each such fiscal year the amount\\nappropriated for such purpose. Beginning April first, two thousand\\nfourteen and annually thereafter, the superintendent of financial\\nservices shall cause to be deposited into the fund, subject to available\\nappropriations, an amount equal to the difference between the amount\\nappropriated to the fund in the preceding fiscal year, as increased by\\nthe adjustment factor defined in subdivision seven of this section, and\\nthe assets of the fund at the conclusion of that fiscal year.\\n 6. (a) Following the deposit referenced in subdivision five of this\\nsection, the superintendent of financial services shall conduct an\\nactuarial calculation of the estimated liabilities of the fund for the\\ncoming year resulting from the qualified plaintiffs enrolled in the\\nfund. The administrator shall from time to time adjust such calculation.\\nIf the total of all estimates of current liabilities equals or exceeds\\neighty percent of the fund's assets, then the fund shall not accept any\\nnew enrollments until a new deposit has been made pursuant to\\nsubdivision five of this section. When, as a result of such new deposit,\\nthe fund's liabilities no longer exceed eighty percent of the fund's\\nassets, the fund administrator shall enroll new qualified plaintiffs in\\nthe order that an application for enrollment has been submitted in\\naccordance with subdivision seven of section twenty-nine hundred\\nninety-nine-j of this title.\\n (b) Whenever enrollment is suspended pursuant to paragraph (a) of this\\nsubdivision and until such time as enrollment resumes pursuant to such\\nparagraph: (i) notice of such suspension shall be promptly posted on the\\ndepartment's website and on the website of the department of financial\\nservices; (ii) the fund administrator shall deny each application for\\nenrollment that had been received but not accepted prior to the date of\\nsuspension and each application for enrollment received after the date\\nof such suspension; and (iii) notification of each such denial shall be\\nmade to the plaintiff or claimant or persons authorized to act on behalf\\nof such plaintiff or claimant and all defendants in regard to such\\nplaintiff or claimant, to the extent they are known to the fund\\nadministrator. Judgments and settlements for plaintiffs or claimants for\\nwhom applications are denied under this paragraph or who are not\\neligible for enrollment due to suspension pursuant to paragraph (a) of\\nthis subdivision shall be satisfied as if this title had not been\\nenacted.\\n (c) Following a suspension, whenever enrollment resumes pursuant to\\nparagraph (a) of this subdivision, notice that enrollment has resumed\\nshall be promptly posted on the department's website and on the website\\nof the department of financial services.\\n (d) The suspension of enrollment pursuant to paragraph (a) of this\\nsubdivision shall not impact payment under the fund for any qualified\\nplaintiffs already enrolled in the fund.\\n 7. For purposes of this section, the adjustment factor referenced in\\nthis section shall be the ten year rolling average medical component of\\nthe consumer price index as published by the United States department of\\nlabor, bureau of labor statistics, for the preceding ten years.\\n * NB Effective until October 1, 2019\\n * § 2999-i. Custody and administration of the fund. 1. (a) The\\ncommissioner of taxation and finance shall be the custodian of the fund\\nand the special account established pursuant to section ninety-nine-t of\\nthe state finance law. All payments from the fund shall be made by the\\ncommissioner of taxation and finance upon certificates signed by the\\ncommissioner, or his or her designee, as hereinafter provided. The fund\\nshall be separate and apart from any other fund and from all other state\\nmonies; provided, however, that monies of the fund may be invested as\\nset forth in paragraph (b) of this subdivision. No monies from the fund\\nshall be transferred to any other fund, nor shall any such monies be\\napplied to the making of any payment for any purpose other than the\\npurpose set forth in this title.\\n (b) Any monies of the fund not required for immediate use may, at the\\ndiscretion of the commissioner in consultation with the director of the\\nbudget, be invested by the commissioner of taxation and finance in\\nobligations of the United States or the state or obligations the\\nprincipal and interest of which are guaranteed by the United States or\\nthe state. The proceeds of any such investment shall be retained by the\\nfund as assets to be used for the purposes of the fund.\\n 2. (a) The fund shall be administered by the commissioner or his or\\nher designee in accordance with the provisions of this article.\\n (b) The commissioner shall have all powers necessary and proper to\\ncarry out the purposes of the fund.\\n (c) Notwithstanding any contrary provision of this section, sections\\none hundred twelve and one hundred sixty-three of the state finance law\\nor any other contrary provision of law, the superintendent of financial\\nservices is authorized to assign and the commissioner is authorized to\\nreceive assignment of any and all contracts entered into by the\\nsuperintendent of financial services to administer the fund for periods\\nprior to October first, two thousand nineteen.\\n (d) The department shall post on its website information about the\\nfund and the process for enrollment in the fund.\\n 3. The expense of administering the fund shall be paid from the fund.\\n 4. Monies for the fund will be provided pursuant to this chapter.\\n 5. For the state fiscal year beginning April first, two thousand\\neleven and ending March thirty-first, two thousand twelve, the state\\nfiscal year beginning April first, two thousand twelve and ending March\\nthirty-first, two thousand thirteen, and the state fiscal year beginning\\nApril first, two thousand thirteen and ending March thirty-first, two\\nthousand fourteen, the superintendent of financial services shall cause\\nto be deposited into the fund for each such fiscal year the amount\\nappropriated for such purpose. Beginning April first, two thousand\\nfourteen and annually thereafter, the superintendent of financial\\nservices or the commissioner, whoever is administering the fund for the\\napplicable period shall cause to be deposited into the fund, subject to\\navailable appropriations, an amount equal to the difference between the\\namount appropriated to the fund in the preceding fiscal year, as\\nincreased by the adjustment factor defined in subdivision seven of this\\nsection, and the assets of the fund at the conclusion of that fiscal\\nyear.\\n 6. (a) Following the deposit referenced in subdivision five of this\\nsection, the commissioner shall conduct an actuarial calculation of the\\nestimated liabilities of the fund for the coming year resulting from the\\nqualified plaintiffs enrolled in the fund. The administrator shall from\\ntime to time adjust such calculation in accordance with subdivision\\nseven of this section. If the total of all estimates of current\\nliabilities equals or exceeds eighty percent of the fund's assets, then\\nthe fund shall not accept any new enrollments until a new deposit has\\nbeen made pursuant to subdivision five of this section. When, as a\\nresult of such new deposit, the fund's liabilities no longer exceed\\neighty percent of the fund's assets, the fund administrator shall enroll\\nnew qualified plaintiffs in the order that an application for enrollment\\nhas been submitted in accordance with subdivision seven of section\\ntwenty-nine hundred ninety-nine-j of this title.\\n (b) Whenever enrollment is suspended pursuant to paragraph (a) of this\\nsubdivision and until such time as enrollment resumes pursuant to such\\nparagraph: (i) notice of such suspension shall be promptly posted on the\\ndepartment's website; (ii) the fund administrator shall deny each\\napplication for enrollment that had been received but not accepted prior\\nto the date of suspension and each application for enrollment received\\nafter the date of such suspension; and (iii) notification of each such\\ndenial shall be made to the plaintiff or claimant or persons authorized\\nto act on behalf of such plaintiff or claimant and all defendants in\\nregard to such plaintiff or claimant, to the extent they are known to\\nthe fund administrator. Judgments and settlements for plaintiffs or\\nclaimants for whom applications are denied under this paragraph or who\\nare not eligible for enrollment due to suspension pursuant to paragraph\\n(a) of this subdivision shall be satisfied as if this title had not been\\nenacted.\\n (c) Following a suspension, whenever enrollment resumes pursuant to\\nparagraph (a) of this subdivision, notice that enrollment has resumed\\nshall be promptly posted on the department's website.\\n (d) The suspension of enrollment pursuant to paragraph (a) of this\\nsubdivision shall not impact payment under the fund for any qualified\\nplaintiffs already enrolled in the fund.\\n 7. For purposes of this section, the adjustment factor referenced in\\nthis section shall be the ten year rolling average medical component of\\nthe consumer price index as published by the United States department of\\nlabor, bureau of labor statistics, for the preceding ten years.\\n * NB Effective October 1, 2019\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2999-J", "title" : "Payments from the fund", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2017-01-06", "2017-02-17", "2017-07-07", "2019-04-19", "2019-10-04", "2020-04-17", "2021-04-23", "2023-01-06", "2023-03-31", "2025-05-16", "2026-06-05" ], "docLevelId" : "2999-J", "activeDate" : "2019-04-19", "sequenceNo" : 1311, "repealedDate" : null, "fromSection" : "2999-J", "toSection" : "2999-J", "text" : " § 2999-j. Payments from the fund. 1. The fund shall be used to pay the\\nqualifying health care costs of qualified plaintiffs.\\n * 2. The provision of qualifying health care costs to qualified\\nplaintiffs shall not be subject to prior authorization, except as\\ndescribed by the commissioner in regulation; provided, however:\\n (a) such regulation shall not prevent qualified plaintiffs from\\nreceiving care or assistance that would, at a minimum, be authorized\\nunder the medicaid program;\\n (b) if any prior authorization is required by such regulation, the\\nregulation shall require that requests for prior authorization be\\nprocessed within a reasonably prompt period of time and, subject to the\\nprovisions of subdivision two-a of this section, shall identify a\\nprocess for prompt administrative review of any denial of a request for\\nprior authorization; and\\n (c) such regulations shall not prohibit qualifying health care costs\\non the grounds that the qualifying health care cost may incidentally\\nbenefit other members of the household, provided that whether the\\nqualifying health care cost primarily benefits the patient may be\\nconsidered.\\n * NB Effective until October 1, 2019\\n * 2. The provision of qualifying health care costs to qualified\\nplaintiffs shall not be subject to prior authorization, except as\\ndescribed by the commissioner in regulation; provided, however:\\n (a) such regulation shall not prevent qualified plaintiffs from\\nreceiving care or assistance that would, at a minimum, be authorized\\nunder the medicaid program;\\n (b) if any prior authorization is required by such regulation, the\\nregulation shall require that requests for prior authorization be\\nprocessed within a reasonably prompt period of time and shall identify a\\nprocess for prompt administrative review of any denial of a request for\\nprior authorization; and\\n (c) such regulations shall not prohibit qualifying health care costs\\non the grounds that the qualifying health care cost may incidentally\\nbenefit other members of the household, provided that whether the\\nqualifying health care cost primarily benefits the patient may be\\nconsidered.\\n * NB Effective October 1, 2019\\n 3. In determining the amount of qualifying health care costs to be\\npaid from the fund, any such cost or expense that was or will, with\\nreasonable certainty, be paid, replaced or indemnified from any\\ncollateral source as provided by subdivision (a) of section forty-five\\nhundred forty-five of the civil practice law and rules shall not\\nconstitute a qualifying health care cost and shall not be paid from the\\nfund. For purposes of this title, \"collateral source\" shall not include\\nmedicare or Medicaid.\\n * 4. The amount of qualifying health care costs to be paid from the\\nfund shall be calculated on the basis of one hundred percent of the\\nusual and customary cost. For the purposes of this section, \"usual and\\ncustomary costs\" shall mean the eightieth percentile of all charges for\\nthe particular health care service performed by a provider in the same\\nor similar specialty and provided in the same geographical area as\\nreported in a benchmarking database maintained by a nonprofit\\norganization specified by the superintendent of financial services. If\\nno such rates are available qualifying health care costs shall be\\ncalculated on the basis of no less than one hundred thirty percent of\\nMedicaid or Medicare rates of reimbursement, whichever is higher. If no\\nsuch rate exists, costs shall be reimbursed as defined by the\\ncommissioner in regulation.\\n * NB Effective until December 31, 2020\\n * 4. The amount of qualifying health care costs to be paid from the\\nfund shall be calculated: (a) with respect to services provided in\\nprivate physician practices on the basis of one hundred percent of the\\nusual and customary rates, as defined by the commissioner in regulation;\\nor (b) with respect to all other services, on the basis of Medicaid\\nrates of reimbursement or, where no such rates are available, as defined\\nby the commissioner in regulation.\\n * NB Effective December 31, 2020\\n * 5. Claims for the payment or reimbursement from the fund of\\nqualifying health care costs shall be made upon forms prescribed and\\nfurnished by the fund administrator in consultation with the\\ncommissioner and in conjunction with regulations establishing a\\nmechanism for submission of claims by health care providers directly to\\nthe fund, where practicable.\\n * NB Effective until October 1, 2019\\n * 5. Claims for the payment or reimbursement from the fund of\\nqualifying health care costs shall be made upon forms prescribed and\\nfurnished by the fund administrator in conjunction with regulations\\nestablishing a mechanism for submission of claims by health care\\nproviders directly to the fund, where practicable.\\n * NB Effective October 1, 2019\\n * 6. (a) Every settlement agreement for claims arising out of a\\nplaintiff's or claimant's birth related neurological injury subject to\\nthis title, and that provides for the payment of future medical expenses\\nfor the plaintiff or claimant, shall provide that in the event the\\nadministrator of the fund determines that the plaintiff or claimant is a\\nqualified plaintiff, all payments for future medical expenses shall be\\npaid in accordance with this title, in lieu of that portion of the\\nsettlement agreement that provides for payment of such expenses. The\\nplaintiff's or claimant's future medical expenses shall be paid in\\naccordance with this title. When such a settlement agreement does not so\\nprovide, the court shall direct the modification of the agreement to\\ninclude such term as a condition of court approval.\\n (b) In any case where the jury or court has made an award for future\\nmedical expenses arising out of a birth related neurological injury, any\\nparty to such action or person authorized to act on behalf of such party\\nmay make application to the court that the judgment reflect that, in\\nlieu of that portion of the award that provides for payment of such\\nexpenses, and upon a determination by the fund administrator that the\\nplaintiff is a qualified plaintiff, the future medical expenses of the\\nplaintiff shall be paid out of the fund in accordance with this title.\\nUpon a finding by the court that the applicant has made a prima facie\\nshowing that the plaintiff is a qualified plaintiff, the court shall\\nensure that the judgment so provides.\\n * NB Effective until October 1, 2019\\n * 6. (a) Every settlement agreement for claims arising out of a\\nplaintiff's or claimant's birth related neurological injury subject to\\nthis title, and that provides for the payment of future medical expenses\\nfor the plaintiff or claimant, shall provide that all payments for\\nfuture medical expenses shall be paid in accordance with this title in\\nlieu of that portion of the settlement agreement that provides for\\npayment of such expenses. The plaintiff's or claimant's future medical\\nexpenses shall be paid in accordance with this title. When such a\\nsettlement agreement does not so provide, the court shall direct the\\nmodification of the agreement to include such term as a condition of\\ncourt approval.\\n (b) In any case where the jury or court has made an award for future\\nmedical expenses arising out of a birth related neurological injury, any\\nparty to such action or person authorized to act on behalf of such party\\nmay make application to the court that the judgment reflect that, in\\nlieu of that portion of the award that provides for payment of such\\nexpenses, the future medical expenses of the plaintiff shall be paid out\\nof the fund in accordance with this title. Upon a finding by the court\\nthat the applicant has made a prima facie showing that the plaintiff is\\na qualified plaintiff, the court shall ensure that the judgment so\\nprovides.\\n * NB Effective October 1, 2019\\n * 7. A qualified plaintiff shall be enrolled when (a) such plaintiff\\nor person authorized to act on behalf of such person, upon notice to all\\ndefendants, or any of the defendants in regard to the plaintiff's claim,\\nupon notice to such plaintiff, makes an application for enrollment by\\nproviding the fund administrator with a certified copy of the judgment\\nor of the court approved settlement agreement; and (b) the fund\\nadministrator determines upon the basis of such judgment or settlement\\nagreement and any additional information the fund administrator shall\\nrequest that the relevant provisions of subdivision six of this section\\nhave been met and that the plaintiff is a qualified plaintiff; provided\\nthat no enrollment shall occur when the fund is closed to enrollment\\npursuant to subdivision six of section twenty-nine hundred ninety-nine-i\\nof this title.\\n * NB Effective until October 1, 2019\\n * 7. A qualified plaintiff shall be enrolled when (a) such plaintiff\\nor person authorized to act on behalf of such person, upon notice to all\\ndefendants, or any of the defendants in regard to the plaintiff's claim,\\nupon notice to such plaintiff, makes an application for enrollment by\\nproviding the fund administrator with a certified copy of the judgment\\nor of the court approved settlement agreement; and (b) the fund\\nadministrator determines that the relevant provisions of subdivision six\\nof this section have been met; provided that no enrollment shall occur\\nwhen the fund is closed to enrollment pursuant to subdivision six of\\nsection twenty-nine hundred ninety-nine-i of this title.\\n * NB Effective October 1, 2019\\n 8. As to all claims, the fund administrator shall:\\n (a) determine which of such costs are qualifying health care costs to\\nbe paid from the fund; and\\n (b) thereupon certify to the commissioner of taxation and finance\\nthose costs that have been determined to be qualifying health care costs\\nto be paid from the fund.\\n * 9. Payments from the fund shall be made by the commissioner of\\ntaxation and finance on the said certificate of the superintendent of\\nfinancial services. No payment shall be made by the commissioner of\\ntaxation and finance in excess of the amount certified. Promptly upon\\nreceipt of the said certificate of the superintendent of financial\\nservices, the commissioner of taxation and finance shall pay the\\nqualified plaintiff's health care provider or reimburse the qualified\\nplaintiff the amount so certified for payment.\\n * NB Effective until October 1, 2019\\n * 9. Payments from the fund shall be made by the commissioner of\\ntaxation and finance on the said certificate of the commissioner. No\\npayment shall be made by the commissioner of taxation and finance in\\nexcess of the amount certified. Promptly upon receipt of the said\\ncertificate of the commissioner, the commissioner of taxation and\\nfinance shall pay the qualified plaintiff's health care provider or\\nreimburse the qualified plaintiff the amount so certified for payment.\\n * NB Effective October 1, 2019\\n 10. Payment from the fund shall not give the fund any right of\\nrecovery against any qualified plaintiff or such qualified plaintiff's\\nattorney except in the case of fraud or mistake.\\n * 11. All health care providers shall accept from qualified\\nplaintiff's or persons authorized to act on behalf of such plaintiff's\\nassignments of the right to receive payments from the fund for\\nqualifying health care costs.\\n * NB Effective until October 1, 2019\\n * 11. All health care providers shall accept from qualified\\nplaintiff's or persons authorized to act on behalf of such plaintiff's\\nassignments of the right to receive payments from the fund for\\nqualifying health care costs. Such payments shall constitute payment in\\nfull for any services provided to a qualified plaintiff in accordance\\nwith this article.\\n * NB Effective October 1, 2019\\n * 12. Health insurers (other than medicare and Medicaid) shall be the\\nprimary payers of qualifying health care costs of qualified plaintiffs.\\nSuch costs shall be paid from the fund only to the extent that health\\ninsurers or other collateral sources or other persons are not otherwise\\nobligated to make payments therefor. Health insurers that make payments\\nfor qualifying health care costs to or on behalf of qualified plaintiffs\\nshall have no right of recovery against and shall have no lien upon the\\nfund or any person or entity nor shall the fund constitute an additional\\npayment source to offset the payments otherwise contractually required\\nto be made by such health insurers. The superintendent of financial\\nservices shall have the authority to enforce the provisions of this\\nsubdivision.\\n * NB Effective until October 1, 2019\\n * 12. Health insurers (other than medicare and Medicaid) shall be the\\nprimary payers of qualifying health care costs of qualified plaintiffs.\\nSuch costs shall be paid from the fund only to the extent that health\\ninsurers or other collateral sources or other persons are not otherwise\\nobligated to make payments therefor. Health insurers that make payments\\nfor qualifying health care costs to or on behalf of qualified plaintiffs\\nshall have no right of recovery against and shall have no lien upon the\\nfund or any person or entity nor shall the fund constitute an additional\\npayment source to offset the payments otherwise contractually required\\nto be made by such health insurers. The superintendent of financial\\nservices shall have the authority to enforce the provisions of this\\nsubdivision upon the referral of the commissioner.\\n * NB Effective October 1, 2019\\n 13. Except as provided for by this title, with respect to a qualified\\nplaintiff, no payment shall be required to be made by any defendant or\\nsuch defendant's insurer for qualifying health care costs and no\\njudgment shall be made or entered requiring that any such payment be\\nmade by any defendant or such defendant's insurer for such health care\\ncosts.\\n 14. The determination of the qualified plaintiff's attorney's fee\\nshall be based upon the entire sum awarded by the jury or the court or\\nthe full sum of the settlement, as the case may be. The qualified\\nplaintiff's attorney's fee shall be paid in a lump sum by the defendants\\nand their insurers pursuant to section four hundred seventy-four-a of\\nthe judiciary law; provided however that the portion of the attorney fee\\nthat is allocated to the non-fund elements of damages shall be deducted\\nfrom the non-fund portion of the award in a proportional manner.\\n * 15. The commissioner, in consultation with the superintendent of\\nfinancial services, shall promulgate, amend and enforce all rules and\\nregulations necessary for the proper administration of the fund in\\naccordance with the provisions of this section, including, but not\\nlimited to, those concerning the payment of claims and concerning the\\nactuarial calculations necessary to determine, annually, the total\\namount to be paid into the fund as provided herein, and as otherwise\\nneeded to implement this title.\\n * NB Effective until October 1, 2019\\n * 15. The commissioner shall promulgate, amend and enforce all rules\\nand regulations necessary for the proper administration of the fund in\\naccordance with the provisions of this section, including, but not\\nlimited to, those concerning the payment of claims and concerning the\\nactuarial calculations necessary to determine, annually, the total\\namount to be paid into the fund as provided herein, and as otherwise\\nneeded to implement this title.\\n * NB Effective October 1, 2019\\n * 16. The commissioner shall convene a consumer advisory committee for\\nthe purpose of providing information, as requested by the commissioner,\\nin the development of the regulations authorized by subdivision fifteen\\nof this section.\\n * NB Effective until October 1, 2019\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 4 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A29-DT5", "title" : "New York State Hospital Quality Initiative", "docType" : "TITLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "5", "activeDate" : "2014-09-22", "sequenceNo" : 1312, "repealedDate" : null, "fromSection" : "2999-M", "toSection" : "2999-M", "text" : " TITLE 5\\n NEW YORK STATE HOSPITAL QUALITY INITIATIVE\\nSection 2999-m. New York state hospital quality initiative.\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2999-M", "title" : "New York state hospital quality initiative", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2999-M", "activeDate" : "2014-09-22", "sequenceNo" : 1313, "repealedDate" : null, "fromSection" : "2999-M", "toSection" : "2999-M", "text" : " § 2999-m. New York state hospital quality initiative. The New York\\nstate hospital quality initiative, including the New York state\\nobstetrical patient safety workgroup, will be created in the department\\nof health to be comprised of medical, hospital and academic experts and\\nother stakeholders chosen by the commissioner.\\n The New York state quality initiative will oversee the general\\ndissemination of initiatives, guidance, and best practices to general\\nhospitals. Activities will include but not be limited to: building\\ncultures of patient safety and implementing evidence based care in\\ntarget areas. The workgroup will undertake collaborative work to improve\\nobstetrical care outcomes and quality of care, based on identifying and\\nimplementing evidence based practices, and clinical protocols that can\\nbe standardized and adopted by hospitals including but not limited to:\\n (a) Surveying, reviewing and analyzing current \"best\" practices\\nemployed in obstetrical cases, including exploring the use of \"virtual\\ngrand rounds\";\\n (b) Undertaking a review of claims in an effort to develop a set of\\n\"standard best practices\" for deliveries in New York state;\\n (c) Formulating and recommending to the commissioner best practice\\nstandards and designing new programs for implementation and improved\\noutcomes, including but not limited to, clinical bundles for high\\npriority conditions, electronic fetal monitoring training and\\ncertification, and team training; and\\n (d) Engaging the existing regional perinatal center network in\\ndialogues regarding the above topics and making recommendations to\\nimprove and/or upgrade assistance and communication to smaller\\nhospitals.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 1 }, "repealed" : false } ], "size" : 6 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A29-E", "title" : "Accountable Care Organizations", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "29-E", "activeDate" : "2014-09-22", "sequenceNo" : 1314, "repealedDate" : null, "fromSection" : "2999-N", "toSection" : "2999-R", "text" : " ARTICLE 29-E\\n ACCOUNTABLE CARE ORGANIZATIONS\\nSection 2999-n. Accountable care organizations; findings; purpose.\\n 2999-o. Definitions.\\n 2999-p. Establishment of ACOs.\\n 2999-q. Accountable care organizations; requirements.\\n 2999-r. Other laws.\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2999-N", "title" : "Accountable care organizations; findings; purpose", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2999-N", "activeDate" : "2014-09-22", "sequenceNo" : 1315, "repealedDate" : null, "fromSection" : "2999-N", "toSection" : "2999-N", "text" : " § 2999-n. Accountable care organizations; findings; purpose. The\\nlegislature finds that the formation and operation of accountable care\\norganizations under this article, and subject to appropriate regulation,\\ncan be consistent with the purposes of federal and state anti-trust,\\nanti-referral, and other statutes, including reducing over-utilization\\nand expenditures. The legislature finds that the development of\\naccountable care organizations under this article will reduce health\\ncare costs, promote effective allocation of health care resources, and\\nenhance the quality and accessibility of health care. The legislature\\nfinds that this article is necessary to promote the formation of\\naccountable care organizations and protect the public interest and the\\ninterests of patients and health care providers.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2999-O", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2999-O", "activeDate" : "2014-09-22", "sequenceNo" : 1316, "repealedDate" : null, "fromSection" : "2999-O", "toSection" : "2999-O", "text" : " § 2999-o. Definitions. As used in this article, the following terms\\nshall have the following meanings, unless the context clearly requires\\notherwise:\\n 1. \"Accountable care organization\" or \"ACO\" means an organization of\\nclinically integrated health care providers certified by the\\ncommissioner under this article.\\n 2. \"ACO participant\" or \"participant\" means a health care provider\\nthat is one of the health care providers that comprise the ACO.\\n 3. Certificate of authority\" or \"certificate\" means a certificate of\\nauthority issued by the commissioner under this article.\\n 4. \"CMS\" means the federal centers for Medicare and Medicaid services.\\n 5. \"CMS regulations\" means applicable federal laws and CMS regulations\\nand policies.\\n 6. \"Health care provider\" includes but is not limited to an entity\\nlicensed or certified under article twenty-eight or thirty-six of this\\nchapter; an entity licensed or certified under article sixteen,\\nthirty-one or thirty-two of the mental hygiene law; or a health care\\npractitioner licensed or certified under title eight of the education\\nlaw or a lawful combination of such health care practitioners; and may\\nalso include, to the extent provided by regulation of the commissioner,\\nother entities that provide technical assistance, information systems\\nand services, care coordination and other services to health care\\nproviders and patients participating in an ACO.\\n 7. \"Medicare-only ACO\" means an ACO issued a certificate of authority\\nunder subdivision four of section twenty-nine hundred ninety-nine-p of\\nthis article.\\n 8. \"Primary care\" means the health care fields of family practice,\\ngeneral pediatrics, primary care internal medicine, primary care\\nobstetrics, or primary care gynecology, without regard to board\\ncertification, provided by a health care provider acting within his,\\nher, or its lawful scope of practice.\\n 9. \"Third-party health care payer\" has its ordinary meanings and may\\ninclude any entities provided for by regulation of the commissioner,\\nwhich may include an entity such as a pharmacy benefits manager, fiscal\\nadministrator, or administrative services provider that participates in\\nthe administration of a third-party health care payer system.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2999-P", "title" : "Establishment of ACOs", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2017-04-28", "2020-04-17", "2024-04-26" ], "docLevelId" : "2999-P", "activeDate" : "2017-04-28", "sequenceNo" : 1317, "repealedDate" : null, "fromSection" : "2999-P", "toSection" : "2999-P", "text" : " § 2999-p. Establishment of ACOs. 1. An accountable care organization:\\n(a) is an organization of clinically integrated health care providers\\nthat work together to provide, manage, and coordinate health care\\n(including primary care) for a defined population; with a mechanism for\\nshared governance; the ability to negotiate, receive, and distribute\\npayments; and accountability for the quality, cost, and delivery of\\nhealth care to the ACO's patients; in accordance with this article; and\\n(b) has been issued a certificate of authority by the commissioner under\\nthis article.\\n 2. The commissioner shall establish a program within the department to\\npromote and regulate the use of ACOs to deliver an array of health care\\nservices for the purpose of improving the quality, coordination and\\naccountability of services provided to patients in New York.\\n 3. The commissioner may issue a certificate of authority to an entity\\nthat meets conditions for ACO certification as set forth in regulations\\nmade by the commissioner pursuant to section twenty-nine hundred\\nninety-nine-q of this article. The commissioner shall not issue any new\\ncertificate under this article after December thirty-first, two thousand\\ntwenty.\\n 4. (a) Notwithstanding subdivision three of this section, the\\ncommissioner shall issue a certificate of authority as a Medicare-only\\nACO to an entity authorized by CMS to be an accountable care\\norganization under the Medicare program, upon receiving an application\\nto be a Medicare-only ACO from the entity documenting its status under\\nthis subdivision. A certificate of authority under this subdivision\\nshall only apply to the Medicare-only ACO's actions in relation to\\nMedicare beneficiaries under its authorization from CMS.\\n (b) To the extent consistent with CMS regulations, a Medicare-only ACO\\nshall be subject to:\\n (i) subdivision seven of section twenty-nine hundred ninety-nine-q and\\nsubdivisions one, two and three of section twenty-nine hundred\\nninety-nine-r of this article, without regard to whether the\\ncommissioner has made regulations under this article; and\\n (ii) other provisions of this article to the extent specifically\\nprovided by the commissioner in regulations consistent with this\\narticle.\\n 5. The commissioner may limit, suspend, or terminate a certificate of\\nauthority if an ACO is not operating in accordance with this article.\\n 6. The commissioner is authorized to seek federal approvals and\\nwaivers to implement this article, including but not limited to those\\napprovals or waivers necessary to obtain federal financial\\nparticipation.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2999-Q", "title" : "Accountable care organizations; requirements", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2999-Q", "activeDate" : "2014-09-22", "sequenceNo" : 1318, "repealedDate" : null, "fromSection" : "2999-Q", "toSection" : "2999-Q", "text" : " § 2999-q. Accountable care organizations; requirements. 1. The\\ncommissioner shall make regulations establishing criteria for\\ncertificates of authority, quality standards for ACOs, reporting\\nrequirements and other matters deemed to be appropriate and necessary in\\nthe operation and evaluation of ACOs under this article. In making such\\nregulations, the commissioner shall consult with the superintendent of\\nfinancial services, health care providers, third-party health care\\npayers, advocates representing patients, and other appropriate parties.\\nSuch regulations shall be consistent, to the extent practical and\\nconsistent with this article, with CMS regulations for accountable care\\norganizations under the Medicare program.\\n 2. Such regulations may, and shall as necessary for purposes of this\\narticle, address matters including but not limited to:\\n (a) The governance, leadership and management structure of the ACO\\nthat reasonably and equitably represents the ACO's participants and the\\nACO's patients, including the manner in which clinical and\\nadministrative systems and clinical participation will be managed;\\n (b) Definition of the population proposed to be served by the ACO,\\nwhich may include reference to a geographical area and patient\\ncharacteristics;\\n (c) The character, competence and fiscal responsibility and soundness\\nof an ACO and its principals, if and to the extent deemed appropriate by\\nthe commissioner;\\n (d) The adequacy of an ACO's network of participating health care\\nproviders, including primary care health care providers;\\n (e) Mechanisms by which an ACO will provide, manage, and coordinate\\nquality health care for its patients including where practicable\\nelevating the services of primary care health care providers to meet\\npatient-centered medical home standards, coordinating services for\\ncomplex high-need patients, and providing access to health care\\nproviders that are not participants in the ACO;\\n (f) Mechanisms by which the ACO shall receive and distribute payments\\nto its participating health care providers, which may include incentive\\npayments (which may include medical home payments) or mechanisms for\\npooling payments received by participating health care providers from\\nthird-party payers and patients;\\n (g) Mechanisms and criteria for accepting health care providers to\\nparticipate in the ACO that are related to the needs of the patient\\npopulation to be served and needs and purposes of the ACO, and\\npreventing unreasonable discrimination;\\n (h) Mechanisms for quality assurance and grievance procedures for\\npatients or health care providers where appropriate, and procedures for\\nreviewing and appealing patient care decisions;\\n (i) Mechanisms that promote evidence-based health care, patient\\nengagement, coordination of care, electronic health records, including\\nparticipation in health information exchanges, other enabling\\ntechnologies and integrated, efficient and effective health care\\nservices;\\n (j) Performance standards for, and measures to assess, the quality and\\nutilization of care provided by an ACO;\\n (k) Appropriate requirements for ACOs to promote compliance with the\\npurposes of this article;\\n (l) Posting on the department's website information about ACOs that\\nwould be useful to health care providers and patients, including similar\\nmetrics as the commissioner publishes for other organizations such as\\nMedicaid managed care providers under section three hundred sixty-four-j\\nof the social services law and health homes under section three hundred\\nsixty-five-l of the social services law;\\n (m) Requirements for the submission of information and data by ACOs\\nand their participating and affiliated health care providers as\\nnecessary for the evaluation of the success of ACOs;\\n (n) Protection of patient rights as appropriate;\\n (o) The impact of the establishment and operation of an ACO, including\\nproviding that it shall not diminish access to any health care service\\nfor the population served and in the area served; and\\n (p) Establishment of standards, as appropriate, to promote the ability\\nof an ACO to participate in applicable federal programs for ACOs.\\n 3. (a) The ACO shall provide for meaningful participation in the\\ncomposition and control of the ACO's governing body for ACO participants\\nor their designated representatives.\\n (b) The ACO governing body shall include at least one representative\\nof each of the following groups: (i) recipients of Medicaid, family\\nhealth plus, or child health plus; (ii) persons with other health\\ncoverage; and (iii) persons who do not have health coverage. Such\\nrepresentatives shall have no conflict of interest with the ACO and no\\nimmediate family member with a conflict of interest with the ACO.\\n (c) At least seventy-five percent control of the ACO's governing body\\nshall be held by ACO participants.\\n (d) Members of the ACO governing body shall have a fiduciary\\nrelationship with the ACO and shall be subject to conflict of interest\\nrequirements adopted by the ACO and in regulations of the commissioner.\\n (e) The ACO's finances, including dividends and other return on\\ncapital, debt structure, executive compensation, and ACO participant\\ncompensation, shall be arranged and conducted to maximize the\\nachievement of the purposes of this article.\\n 4. (a) An ACO shall use its best efforts to include among its\\nparticipants, on reasonable terms and conditions, any\\nfederally-qualified health center that is willing to be a participant\\nand that serves the area and population served by the ACO.\\n (b) An ACO may seek to focus on providing health care services to\\npatients with one or more chronic conditions or special needs. However,\\nan ACO may not otherwise, on the basis of a person's medical or\\ndemographic characteristics, discriminate for or against or discourage\\nor encourage any person or person with respect to enrolling or\\nparticipating in the ACO.\\n (c) An ACO shall not, by incentives or otherwise, discourage a health\\ncare provider from providing or an enrollee or patient from seeking\\nappropriate health care services.\\n (d) An ACO shall not discriminate against or disadvantage a patient or\\npatient's representative for the exercise of patient autonomy.\\n (e) An ACO may not limit or restrict beneficiaries to use of providers\\ncontracted or affiliated with the ACO. An ACO may not require a patient\\nto obtain the prior approval, from a primary care gatekeeper or\\notherwise, before utilizing the services of other providers. An ACO may\\nnot make adverse determinations as defined in article forty-nine of this\\nchapter.\\n 5. An ACO may provide care coordination for its participating\\npatients, which (a) shall include but not be limited to managing,\\nreferring to, locating, coordinating, and monitoring health care\\nservices for the member to assure that all medically necessary health\\ncare services are made available to and are effectively used by the\\nmember in a timely manner, consistent with patient autonomy; and (b) is\\nnot a requirement for prior authorization for health care services, and\\nreferral shall not be required for a member to receive a health care\\nservice.\\n 6. (a) Subject to regulations of the commissioner: (i) an ACO may\\nenter into arrangements with one or more third-party health care payers\\nto establish payment methodologies for health care services for the\\nthird-party health care payer's enrollees provided by the ACO or for\\nwhich the ACO is responsible, such as full or partial capitation or\\nother arrangements; (ii) such arrangements may include provision for the\\nACO to receive and distribute payments to the ACO's participating health\\ncare providers, including incentive payments and payments for health\\ncare services from third-party health care payers and patients; and\\n(iii) an ACO may include mechanisms for pooling payments received by\\nparticipating health care providers from third-party payers and\\npatients.\\n (b) Subject to regulations of the commissioner, the commissioner, in\\nconsultation with the superintendent of financial services, may\\nauthorize a third-party health care payer to participate in payment\\nmethodologies with an ACO under this subdivision, notwithstanding any\\ncontrary provision of this chapter, the insurance law, the social\\nservices law, or the elder law, on finding that the payment methodology\\nis consistent with the purposes of this article.\\n (c) An ACO may contract with a third-party health care payer to serve\\nas all or part of the third-party health care payer's provider network\\nor care coordination agent, provided in that case the ACO shall be\\nsubject to all provisions of this chapter or the insurance law which are\\napplicable to the provider network of the third-party health care payer.\\n 7. The provision of health care services directly or indirectly by an\\nACO through health care providers shall not be considered the practice\\nof a profession under title eight of the education law by the ACO.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2999-R", "title" : "Other laws", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2999-R", "activeDate" : "2014-09-22", "sequenceNo" : 1319, "repealedDate" : null, "fromSection" : "2999-R", "toSection" : "2999-R", "text" : " § 2999-r. Other laws. 1. (a) It is the policy of the state to permit\\nand encourage cooperative, collaborative and integrative arrangements\\namong third-party health care payers and health care providers who might\\notherwise be competitors under the active supervision of the\\ncommissioner. To the extent that it is necessary to accomplish the\\npurposes of this article, competition may be supplanted and the state\\nmay provide state action immunity under state and federal antitrust laws\\nto payors and health care providers.\\n (b) The commissioner shall engage in state supervision to promote\\nstate action immunity under state and federal antitrust laws and may\\ninspect, require, or request additional documentation and take other\\nactions under this article to verify and make sure that this article is\\nimplemented in accordance with its intent and purpose.\\n 2. With respect to the planning, implementation, and operation of\\nACOs, the commissioner, by regulation, shall specifically delineate safe\\nharbors that exempt ACOs from the application of the following statutes:\\n (a) article twenty-two of the general business law relating to\\narrangements and agreements in restraint of trade;\\n (b) article one hundred thirty-one-A of the education law relating to\\nfee-splitting arrangements; and\\n (c) title two-D of article two of this chapter relating to health care\\npractitioner referrals.\\n 3. For the purposes of this article, an ACO shall be deemed to be a\\nhospital for purposes of sections twenty-eight hundred five-j,\\ntwenty-eight hundred five-k, twenty-eight hundred five-l and\\ntwenty-eight hundred five-m of this chapter and subdivisions three and\\nfive of section sixty-five hundred twenty-seven of the education law.\\n 4. The commissioner is authorized to seek federal grants, approvals,\\nand waivers to implement this article, including federal financial\\nparticipation under public health coverage. The commissioner shall\\nprovide copies of applications and other documents, including drafts,\\nsubmitted to the federal government seeking such federal grants,\\napprovals, and waivers to the chairs of the senate finance committee,\\nthe assembly ways and means committee, and the senate and assembly\\nhealth committees simultaneously with their submission to the federal\\ngovernment.\\n 5. The commissioner may directly, or by contract with not-for-profit\\norganizations, provide:\\n (a) consumer assistance to patients served by an ACO as to matters\\nrelating to ACOs;\\n (b) technical and other assistance to health care providers\\nparticipating in an ACO as to matters relating to the ACO;\\n (c) assistance to ACOs to promote their formation and improve their\\noperation, including assistance under section twenty-eight hundred\\neighteen of this chapter; and\\n (d) information sharing and other assistance among ACOs to improve the\\noperation of ACOs.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 5 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A29-F", "title" : "Improved Integration of Health Care and Financing", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "29-F", "activeDate" : "2014-09-22", "sequenceNo" : 1320, "repealedDate" : null, "fromSection" : "2999-AA", "toSection" : "2999-BB", "text" : " ARTICLE 29-F\\n IMPROVED INTEGRATION OF HEALTH CARE AND FINANCING\\nSection 2999-aa. Antitrust provisions, state oversight.\\n 2999-bb. Department authority.\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2999-AA", "title" : "Antitrust provisions, state oversight", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2017-07-07", "2021-04-23", "2024-04-26" ], "docLevelId" : "2999-AA", "activeDate" : "2017-07-07", "sequenceNo" : 1321, "repealedDate" : null, "fromSection" : "2999-AA", "toSection" : "2999-AA", "text" : " § 2999-aa. Antitrust provisions, state oversight. 1. In order to\\npromote improved quality and efficiency of, and access to, health care\\nservices and to promote improved clinical outcomes to the residents of\\nNew York, it shall be the policy of the state to encourage, where\\nappropriate, cooperative, collaborative and integrative arrangements\\nincluding but not limited to, mergers and acquisitions among health care\\nproviders or among others who might otherwise be competitors, under the\\nactive supervision of the commissioner. To the extent such arrangements,\\nor the planning and negotiations that precede them, might be\\nanti-competitive within the meaning and intent of the state and federal\\nantitrust laws, the intent of the state is to supplant competition with\\nsuch arrangements under the active supervision and related\\nadministrative actions of the commissioner as necessary to accomplish\\nthe purposes of this article, and to provide state action immunity under\\nthe state and federal antitrust laws with respect to activities\\nundertaken by health care providers and others pursuant to this article,\\nwhere the benefits of such active supervision, arrangements and actions\\nof the commissioner outweigh any disadvantages likely to result from a\\nreduction of competition. The commissioner shall not approve an\\narrangement for which state action immunity is sought under this article\\nwithout first consulting with, and receiving a recommendation from, the\\npublic health and health planning council. No arrangement under this\\narticle shall be approved after December thirty-first, two thousand\\ntwenty.\\n 2. The commissioner or his or her duly authorized representative may\\nengage in appropriate state supervision necessary to promote state\\naction immunity under the state and federal antitrust laws.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2999-BB", "title" : "Department authority", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2999-BB", "activeDate" : "2014-09-22", "sequenceNo" : 1322, "repealedDate" : null, "fromSection" : "2999-BB", "toSection" : "2999-BB", "text" : " § 2999-bb. Department authority. The department shall promulgate\\nregulations to implement this article. Such regulations shall provide\\nstandards for determining which proposed collaborations, integrations,\\nmergers or acquisitions shall be covered by this article and the manner\\nby which the interests set forth in the legislative findings shall be\\nadvanced through regulatory oversight. The department shall further be\\nauthorized to impose fees as appropriate to facilitate the\\nimplementation of this article. This article is not intended to limit\\nthe authority of the attorney general of the state of New York.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 2 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A29-G", "title" : "Telehealth Delivery of Services", "docType" : "ARTICLE", "publishedDates" : [ "2015-03-20", "2016-01-08", "2020-04-17" ], "docLevelId" : "29-G", "activeDate" : "2016-01-08", "sequenceNo" : 1323, "repealedDate" : null, "fromSection" : "2999-CC", "toSection" : "2999-DD", "text" : " ARTICLE 29-G\\n TELEHEALTH DELIVERY OF SERVICES\\nSection 2999-cc. Definitions.\\n 2999-dd. Telehealth delivery of services.\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2999-CC", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2015-03-20", "2015-08-21", "2015-11-27", "2016-01-08", "2017-08-25", "2017-09-15", "2018-04-20", "2018-07-13", "2020-04-17", "2020-06-19", "2021-04-23", "2022-04-22", "2022-06-24", "2024-04-26", "2026-05-29" ], "docLevelId" : "2999-CC", "activeDate" : "2018-07-13", "sequenceNo" : 1324, "repealedDate" : null, "fromSection" : "2999-CC", "toSection" : "2999-CC", "text" : " § 2999-cc. Definitions. As used in this article, the following terms\\nshall have the following meanings:\\n 1. \"Distant site\" means a site at which a telehealth provider is\\nlocated while delivering health care services by means of telehealth.\\n 2. \"Telehealth provider\" means:\\n (a) a physician licensed pursuant to article one hundred thirty-one of\\nthe education law;\\n (b) a physician assistant licensed pursuant to article one hundred\\nthirty-one-B of the education law;\\n (c) a dentist licensed pursuant to article one hundred thirty-three of\\nthe education law;\\n (d) a nurse practitioner licensed pursuant to article one hundred\\nthirty-nine of the education law;\\n (e) a registered professional nurse licensed pursuant to article one\\nhundred thirty-nine of the education law only when such nurse is\\nreceiving patient-specific health information or medical data at a\\ndistant site by means of remote patient monitoring;\\n (f) a podiatrist licensed pursuant to article one hundred forty-one of\\nthe education law;\\n (g) an optometrist licensed pursuant to article one hundred\\nforty-three of the education law;\\n (h) a psychologist licensed pursuant to article one hundred\\nfifty-three of the education law;\\n (i) a social worker licensed pursuant to article one hundred\\nfifty-four of the education law;\\n (j) a speech language pathologist or audiologist licensed pursuant to\\narticle one hundred fifty-nine of the education law;\\n (k) a midwife licensed pursuant to article one hundred forty of the\\neducation law;\\n (l) a physical therapist licensed pursuant to article one hundred\\nthirty-six of the education law;\\n (m) an occupational therapist licensed pursuant to article one hundred\\nfifty-six of the education law;\\n (n) a person who is certified as a diabetes educator by the National\\nCertification Board for Diabetes Educators, or a successor national\\ncertification board, or provided by such a professional who is\\naffiliated with a program certified by the American Diabetes\\nAssociation, the American Association of Diabetes Educators, the Indian\\nHealth Services, or any other national accreditation organization\\napproved by the federal centers for medicare and medicaid services;\\n (o) a person who is certified as an asthma educator by the National\\nAsthma Educator Certification Board, or a successor national\\ncertification board;\\n (p) a person who is certified as a genetic counselor by the American\\nBoard of Genetic Counseling, or a successor national certification\\nboard;\\n (q) a hospital as defined in article twenty-eight of this chapter,\\nincluding residential health care facilities serving special needs\\npopulations;\\n (r) a home care services agency as defined in article thirty-six of\\nthis chapter;\\n (s) a hospice as defined in article forty of this chapter;\\n (t) credentialed alcoholism and substance abuse counselors\\ncredentialed by the office of alcoholism and substance abuse services or\\nby a credentialing entity approved by such office pursuant to section\\n19.07 of the mental hygiene law;\\n (u) providers authorized to provide services and service coordination\\nunder the early intervention program pursuant to article twenty-five of\\nthis chapter;\\n (v) clinics licensed or certified under article sixteen of the mental\\nhygiene law and certified and non-certified day and residential programs\\nfunded or operated by the office for people with developmental\\ndisabilities; and\\n (w) any other provider as determined by the commissioner pursuant to\\nregulation or, in consultation with the commissioner, by the\\ncommissioner of the office of mental health, the commissioner of the\\noffice of alcoholism and substance abuse services, or the commissioner\\nof the office for people with developmental disabilities pursuant to\\nregulation.\\n 3. \"Originating site\" means a site at which a patient is located at\\nthe time health care services are delivered to him or her by means of\\ntelehealth. Originating sites shall be limited to: (a) facilities\\nlicensed under articles twenty-eight and forty of this chapter; (b)\\nfacilities as defined in subdivision six of section 1.03 of the mental\\nhygiene law; (c) certified and non-certified day and residential\\nprograms funded or operated by the office for people with developmental\\ndisabilities; (d) private physician's or dentist's offices located\\nwithin the state of New York; (e) any type of adult care facility\\nlicensed under title two of article seven of the social services law;\\n(f) public, private and charter elementary and secondary schools, school\\nage child care programs, and child day care centers within the state of\\nNew York; and (g) the patient's place of residence located within the\\nstate of New York or other temporary location located within or outside\\nthe state of New York.\\n 4. \"Telehealth\" means the use of electronic information and\\ncommunication technologies by telehealth providers to deliver health\\ncare services, which shall include the assessment, diagnosis,\\nconsultation, treatment, education, care management and/or\\nself-management of a patient. Telehealth shall not include delivery of\\nhealth care services by means of audio-only telephone communication,\\nfacsimile machines, or electronic messaging alone, though use of these\\ntechnologies is not precluded if used in conjunction with telemedicine,\\nstore and forward technology, or remote patient monitoring. For purposes\\nof this section, telehealth shall be limited to telemedicine, store and\\nforward technology, and remote patient monitoring. This subdivision\\nshall not preclude the delivery of health care services by means of\\n\"home telehealth\" as used in section thirty-six hundred fourteen of this\\nchapter.\\n 5. \"Telemedicine\" means the use of synchronous, two-way electronic\\naudio visual communications to deliver clinical health care services,\\nwhich shall include the assessment, diagnosis, and treatment of a\\npatient, while such patient is at the originating site and a telehealth\\nprovider is at a distant site.\\n 6. \"Store and forward technology\" means the asynchronous, electronic\\ntransmission of a patient's health information in the form of\\npatient-specific digital images and/or pre-recorded videos from a\\nprovider at an originating site to a telehealth provider at a distant\\nsite.\\n 7. \"Remote patient monitoring\" means the use of synchronous or\\nasynchronous electronic information and communication technologies to\\ncollect personal health information and medical data from a patient at\\nan originating site that is transmitted to a telehealth provider at a\\ndistant site for use in the treatment and management of medical\\nconditions that require frequent monitoring. Such technologies may\\ninclude additional interaction triggered by previous transmissions, such\\nas interactive queries conducted through communication technologies or\\nby telephone. Such conditions shall include, but not be limited to,\\ncongestive heart failure, diabetes, chronic obstructive pulmonary\\ndisease, wound care, polypharmacy, mental or behavioral problems, and\\ntechnology-dependent care such as continuous oxygen, ventilator care,\\ntotal parenteral nutrition or enteral feeding. Remote patient monitoring\\nshall be ordered by a physician licensed pursuant to article one hundred\\nthirty-one of the education law, a nurse practitioner licensed pursuant\\nto article one hundred thirty-nine of the education law, or a midwife\\nlicensed pursuant to article one hundred forty of the education law,\\nwith which the patient has a substantial and ongoing relationship.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2999-DD", "title" : "Telehealth delivery of services", "docType" : "SECTION", "publishedDates" : [ "2015-03-20", "2016-01-08", "2018-04-20", "2018-07-13", "2020-04-17", "2020-06-19", "2020-12-18", "2022-04-22", "2024-04-26", "2026-05-29" ], "docLevelId" : "2999-DD", "activeDate" : "2018-07-13", "sequenceNo" : 1325, "repealedDate" : null, "fromSection" : "2999-DD", "toSection" : "2999-DD", "text" : " § 2999-dd. Telehealth delivery of services. 1. Health care services\\ndelivered by means of telehealth shall be entitled to reimbursement\\nunder section three hundred sixty-seven-u of the social services law.\\n 2. The department of health, the office of mental health, the office\\nof alcoholism and substance abuse services, and the office for people\\nwith developmental disabilities shall coordinate on the issuance of a\\nsingle guidance document, to be updated as appropriate, that shall: (a)\\nidentify any differences in regulations or policies issued by the\\nagencies, including with respect to reimbursement pursuant to section\\nthree hundred sixty-seven-u of the social services law; and (b) be\\ndesigned to assist consumers, providers, and health plans in\\nunderstanding and facilitating the appropriate use of telehealth in\\naddressing barriers to care.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 2 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A29-I", "title" : "Medical Services For Foster Children", "docType" : "ARTICLE", "publishedDates" : [ "2017-04-28" ], "docLevelId" : "29-I", "activeDate" : "2017-04-28", "sequenceNo" : 1326, "repealedDate" : null, "fromSection" : "2999-GG", "toSection" : "2999-GG", "text" : " ARTICLE 29-I\\n MEDICAL SERVICES FOR FOSTER CHILDREN\\nSection 2999-gg. Voluntary foster care agency health facilities.\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "2999-GG", "title" : "Voluntary foster care agency health facilities", "docType" : "SECTION", "publishedDates" : [ "2017-04-28" ], "docLevelId" : "2999-GG", "activeDate" : "2017-04-28", "sequenceNo" : 1327, "repealedDate" : null, "fromSection" : "2999-GG", "toSection" : "2999-GG", "text" : " § 2999-gg. Voluntary foster care agency health facilities. 1. In order\\nfor an authorized agency that is approved by the office of children and\\nfamily services to care for or board out children, to provide limited\\nhealth-related services as defined in regulations of the department\\neither directly or indirectly through a contract arrangement, such\\nagency shall obtain, in accordance with a schedule developed by the\\ndepartment in conjunction with the office of children and family\\nservices, a license issued by the commissioner in conjunction with the\\noffice of children and family services to provide such services. Such\\nschedule shall require that all such authorized agencies operating on\\nJanuary first, two thousand nineteen obtain the license required by this\\nsection no later than January first, two thousand nineteen. Such\\nlicenses shall be issued in accordance with the standards set forth in\\nthis article and the regulations of the department which shall, at a\\nminimum, specify: mandated health services, which shall include, but not\\nbe limited to, nursing and behavioral health services; general physical\\nenvironment requirements; minimum health and safety procedures; record\\nmanagement requirements; quality management activities; and managed care\\nliaison, fiscal and billing activities. In determining the criteria for\\nlicensure, regulations shall take into account the size and type of each\\nprogram, and shall be reasonably related to the provision of medical\\nservices. Provided however, that a license pursuant to this section\\nshall not be required if such authorized agency is otherwise authorized\\nto provide the required limited-health-related services to foster\\nchildren under a license issued pursuant to article twenty-eight of this\\nchapter or article thirty-one of the mental hygiene law. For the\\npurposes of this section, the term authorized agency shall be an\\nauthorized agency as defined in paragraph (a) of subdivision ten of\\nsection three hundred seventy-one of the social services law.\\n 2. Such license shall not be issued unless it is determined that the\\nequipment, personnel, rules, standards of care and services are fit and\\nadequate, and that the health-related services will be provided in the\\nmanner required by this article and the rules and regulations\\nthereunder.\\n 3. The commissioner and the commissioner of the office of children and\\nfamily services shall enter into a memorandum of agreement for the\\npurposes of administering the requirements of this section.\\n 4. Proceedings involving the issuance of licenses for health-related\\nservices to authorized agencies:\\n (a) A license for health-related services under this article may be\\nrevoked, suspended, limited, annulled or denied by the commissioner, in\\nconsultation with the office of children and family services, if an\\nauthorized agency is determined to have failed to comply with the\\nprovisions of this article or the rules and regulations promulgated\\nthereunder. No action taken against a license under this subdivision\\nshall affect an authorized agency's license to care for or board\\nchildren unless the commissioner of the office of children and family\\nservices determines, pursuant to the regulations of such office, that\\nthe existing circumstances make it necessary to limit, suspend or revoke\\nthe authority of the authorized agency to care for or board children.\\n (b) No such license shall be revoked, suspended, limited, annulled or\\ndenied without a hearing. However, a license may be temporarily\\nsuspended or limited without a hearing for a period not in excess of\\nthirty days upon written notice that the continuation of health-related\\nservices places the public health or safety of the recipients in\\nimminent danger.\\n (c) The commissioner shall fix a time and place for the hearing. A\\ncopy of the charges, together with the notice of the time and place of\\nthe hearing, shall be served in person or mailed by registered or\\ncertified mail to the authorized agency at least twenty-one days before\\nthe date fixed for the hearing. The authorized agency shall file with\\nthe department not less than eight days prior to the hearing, a written\\nanswer to the charges.\\n (d) All orders or determinations hereunder shall be subject to review\\nas provided in article seventy-eight of the civil practice law and\\nrules. Application for such review must be made within sixty days after\\nservice in person or by registered or certified mail of a copy of the\\norder or determination upon the applicant or agency.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 1 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A30", "title" : "Emergency Medical Services", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22", "2015-04-10", "2019-10-11", "2021-12-31", "2022-03-04", "2022-12-30", "2023-05-12", "2023-06-23", "2023-12-01", "2024-09-20", "2025-11-14", "2026-04-03" ], "docLevelId" : "30", "activeDate" : "2015-04-10", "sequenceNo" : 1328, "repealedDate" : null, "fromSection" : "3000", "toSection" : "3032", "text" : " ARTICLE 30\\n EMERGENCY MEDICAL SERVICES\\nSection 3000. Declaration of policy and statement of purpose.\\n 3000-a. Emergency medical treatment.\\n 3000-b. Automated external defibrillators: Public access\\n providers.\\n 3000-c. Epinephrine auto-injector devices.\\n 3000-d. Availability of resuscitation equipment in certain\\n public places.\\n 3001. Definitions.\\n 3002. New York state emergency medical services council.\\n 3002-a. State emergency medical advisory committee.\\n 3003. Regional emergency medical services councils.\\n 3003-a. EMS program agencies.\\n 3004-a. Regional emergency medical advisory committees.\\n 3005. Ambulance service certificates.\\n 3005-a. Staffing standards; ambulance services and advanced\\n life support first response services.\\n 3005-b. Emergency medical technician five year\\n re-certification demonstration program.\\n 3006. Quality improvement program.\\n 3007. Notice of alternative destination.\\n 3008. Applications for determinations of public need.\\n 3009. Continuation of existing services.\\n 3010. Area of operation; transfers.\\n 3011. Powers and duties of the department and the\\n commissioner.\\n 3012. Enforcement.\\n 3013. Immunity from liability.\\n 3014. Construction.\\n 3015. Separability.\\n 3016. Continuance of rules and regulations.\\n 3017. Emergency medical service, Suffolk county.\\n 3030. Advanced life support services.\\n 3031. Advanced life support system.\\n 3032. Rules and regulations.\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3000", "title" : "Declaration of policy and statement of purpose", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3000", "activeDate" : "2014-09-22", "sequenceNo" : 1329, "repealedDate" : null, "fromSection" : "3000", "toSection" : "3000", "text" : " § 3000. Declaration of policy and statement of purpose. The furnishing\\nof medical assistance in an emergency is a matter of vital concern\\naffecting the public health, safety and welfare. Prehospital emergency\\nmedical care, the provision of prompt and effective communication among\\nambulances and hospitals and safe and effective care and transportation\\nof the sick and injured are essential public health services.\\n It is the purpose of this article to promote the public health, safety\\nand welfare by providing for certification of all advanced life support\\nfirst response services and ambulance services; the creation of regional\\nemergency medical services councils; and a New York state emergency\\nmedical services council to develop minimum training standards for\\ncertified first responders, emergency medical technicians and advanced\\nemergency medical technicians and minimum equipment and communication\\nstandards for advanced life support first response services and\\nambulance services.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3000-A", "title" : "Emergency medical treatment", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2016-10-07", "2017-03-31", "2025-11-14", "2026-06-05" ], "docLevelId" : "3000-A", "activeDate" : "2017-03-31", "sequenceNo" : 1330, "repealedDate" : null, "fromSection" : "3000-A", "toSection" : "3000-A", "text" : " § 3000-a. Emergency medical treatment. 1. Except as provided in\\nsubdivision six of section six thousand six hundred eleven, subdivision\\ntwo of section six thousand five hundred twenty-seven, subdivision one\\nof section six thousand nine hundred nine and sections six thousand five\\nhundred forty-seven and six thousand seven hundred thirty-seven of the\\neducation law, any person who voluntarily and without expectation of\\nmonetary compensation renders first aid or emergency treatment at the\\nscene of an accident or other emergency outside a hospital, doctor's\\noffice or any other place having proper and necessary medical equipment,\\nto a person who is unconscious, ill, or injured, shall not be liable for\\ndamages for injuries alleged to have been sustained by such person or\\nfor damages for the death of such person alleged to have occurred by\\nreason of an act or omission in the rendering of such emergency\\ntreatment unless it is established that such injuries were or such death\\nwas caused by gross negligence on the part of such person. Nothing in\\nthis section shall be deemed or construed to relieve a licensed\\nphysician, dentist, nurse, physical therapist or registered physician's\\nassistant from liability for damages for injuries or death caused by an\\nact or omission on the part of such person while rendering professional\\nservices in the normal and ordinary course of his or her practice.\\n 2. (i) Any person or entity that purchases, operates, facilitates\\nimplementation or makes available resuscitation equipment that\\nfacilitates first aid, an automated external defibrillator or an\\nepinephrine auto-injector device as required by or pursuant to law or\\nlocal law, or that conducts training under section three thousand-c of\\nthis article, or (ii) an emergency health care provider under a\\ncollaborative agreement pursuant to section three thousand-b of this\\narticle with respect to an automated external defibrillator, or (iii) a\\nhealth care practitioner that prescribes, dispenses or provides an\\nepinephrine auto-injector device under section three thousand-c of this\\narticle, shall not be liable for damages arising either from the use of\\nthat equipment by a person who voluntarily and without expectation of\\nmonetary compensation renders first aid or emergency treatment at the\\nscene of an accident or medical emergency, or from the use of\\ndefectively manufactured equipment; provided that this subdivision shall\\nnot limit the person's or entity's, the emergency health care\\nprovider's, or other health care practitioner's liability for his, her\\nor its own negligence, gross negligence or intentional misconduct.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3000-B", "title" : "Automated external defibrillators: Public access providers", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2017-08-04", "2018-01-26", "2026-06-05" ], "docLevelId" : "3000-B", "activeDate" : "2018-01-26", "sequenceNo" : 1331, "repealedDate" : null, "fromSection" : "3000-B", "toSection" : "3000-B", "text" : " § 3000-b. Automated external defibrillators: Public access providers.\\n1. Definitions. As used in this section, unless the context clearly\\nrequires otherwise, the following terms shall have the following\\nmeanings:\\n (a) \"Automated external defibrillator\" means a medical device,\\napproved by the United States food and drug administration, that: (i) is\\ncapable of recognizing the presence or absence, in a patient, of\\nventricular fibrillation and rapid ventricular tachycardia; (ii) is\\ncapable of determining, without intervention by an operator, whether\\ndefibrillation should be performed on the patient; (iii) upon\\ndetermining that defibrillation should be performed, automatically\\ncharges and requests delivery of an electrical impulse to the patient's\\nheart; and (iv) then, upon action by an operator, delivers an\\nappropriate electrical impulse to the patient's heart to perform\\ndefibrillation.\\n (b) \"Emergency health care provider\" means (i) a physician with\\nknowledge and experience in the delivery of emergency cardiac care; (ii)\\na physician assistant or nurse practitioner with knowledge and\\nexperience in the delivery of emergency cardiac care, and who is acting\\nwithin his or her scope of practice; or (iii) a hospital licensed under\\narticle twenty-eight of this chapter that provides emergency cardiac\\ncare.\\n (c) \"Public access defibrillation provider\" means a person, firm,\\norganization or other entity possessing or operating an automated\\nexternal defibrillator pursuant to a collaborative agreement under this\\nsection.\\n (d) \"Nationally-recognized organization\" means a national organization\\napproved by the department for the purpose of training people in use of\\nan automated external defibrillator.\\n 2. Collaborative agreement. A person, firm, organization or other\\nentity may purchase, acquire, possess and operate an automated external\\ndefibrillator pursuant to a collaborative agreement with an emergency\\nhealth care provider. The collaborative agreement shall include a\\nwritten agreement and written practice protocols, and policies and\\nprocedures that shall assure compliance with this section. The public\\naccess defibrillation provider shall file a copy of the collaborative\\nagreement with the department and with the appropriate regional council\\nprior to operating the automated external defibrillator.\\n 3. Possession and operation of automated external defibrillator.\\nPossession and operation of an automated external defibrillator by a\\npublic access defibrillation provider shall comply with the following:\\n (a) No person may operate an automated external defibrillator unless\\nthe person has successfully completed a training course in the operation\\nof an automated external defibrillator approved by a\\nnationally-recognized organization or the state emergency medical\\nservices council. However, this section shall not prohibit operation of\\nan automated external defibrillator, (i) by a health care practitioner\\nlicensed or certified under title VIII of the education law or a person\\ncertified under this article acting within his or her lawful scope of\\npractice; (ii) by a person acting pursuant to a lawful prescription; or\\n(iii) by a person who operates the automated external defibrillator\\nother than as part of or incidental to his or her employment or regular\\nduties, who is acting in good faith, with reasonable care, and without\\nexpectation of monetary compensation, to provide first aid that includes\\noperation of an automated external defibrillator; nor shall this section\\nlimit any good samaritan protections provided in section three\\nthousand-a of this article.\\n (b) The public access defibrillation provider shall cause the\\nautomated external defibrillator to be maintained and tested according\\nto applicable standards of the manufacturer and any appropriate\\ngovernment agency.\\n (c) The public access defibrillation provider shall notify the\\nregional council of the existence, location and type of any automated\\nexternal defibrillator it possesses.\\n (d) Every use of an automated external defibrillator on a patient\\nshall be immediately reported to the appropriate local emergency medical\\nservices system, emergency communications center or emergency vehicle\\ndispatch center as appropriate and promptly reported to the emergency\\nhealth care provider.\\n (e) The emergency health care provider shall participate in the\\nregional quality improvement program pursuant to subdivision one of\\nsection three thousand four-a of this article.\\n (f) The public access defibrillation provider shall post a sign or\\nnotice at the main entrance to the facility or building in which the\\nautomated external defibrillator is stored, indicating the location\\nwhere any such automated external defibrillator is stored or maintained\\nin such building or facility on a regular basis.\\n 4. Application of other laws. (a) Operation of an automated external\\ndefibrillator pursuant to this section shall be considered first aid or\\nemergency treatment for the purpose of any statute relating to\\nliability.\\n (b) Operation of an automated external defibrillator pursuant to this\\nsection shall not constitute the unlawful practice of a profession under\\ntitle VIII of the education law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3000-C", "title" : "Epinephrine auto-injector devices", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2014-10-31", "2015-03-06", "2016-10-07", "2017-03-31", "2017-08-25", "2017-12-22", "2019-12-20", "2020-01-17", "2021-07-09", "2021-08-06", "2024-11-29", "2025-02-21", "2025-02-28", "2025-08-29", "2025-11-14", "2025-11-21" ], "docLevelId" : "3000-C", "activeDate" : "2017-12-22", "sequenceNo" : 1332, "repealedDate" : null, "fromSection" : "3000-C", "toSection" : "3000-C", "text" : " § 3000-c. Epinephrine auto-injector devices. 1. Definitions. As used\\nin this section:\\n (a) \"Eligible person or entity\" means (i) an ambulance service or\\nadvanced life support first response service; a certified first\\nresponder, emergency medical technician, or advanced emergency medical\\ntechnician, who is employed by or an enrolled member of any such\\nservice; (ii) a children's overnight camp as defined in subdivision one\\nof section thirteen hundred ninety-two of this chapter, a summer day\\ncamp as defined in subdivision two of section thirteen hundred\\nninety-two of this chapter, a traveling summer day camp as defined in\\nsubdivision three of section thirteen hundred ninety-two of this chapter\\nor a person employed by such a camp; (iii) a school district, board of\\ncooperative educational services, county vocational education and\\nextension board, charter school, and non-public elementary and secondary\\nschool in this state or any person employed by any such entity, or\\nemployed by a contractor of such an entity while performing services for\\nthe entity; or (iv) a sports, entertainment, amusement, education,\\ngovernment, day care or retail facility; an educational institution,\\nyouth organization or sports league; an establishment that serves food;\\nor a person employed by such entity; and (v) any other person or entity\\ndesignated or approved, or in a category designated or approved pursuant\\nto regulations of the commissioner in consultation with other\\nappropriate agencies.\\n (b) \"Epinephrine auto-injector device\" means a single-use device used\\nfor the automatic injection of a premeasured dose of epinephrine into\\nthe human body for the purpose of emergency treatment of a person\\nappearing to experience anaphylactic symptoms approved by the food and\\ndrug administration.\\n (c) \"Health care practitioner\" means a health care practitioner\\nlicensed, certified, or authorized to practice under title eight of the\\neducation law who is authorized thereby to administer drugs, and who is\\nacting within the scope of his or her practice.\\n 2. Possession and use. (a) Any eligible person or entity may purchase,\\nacquire, possess and use epinephrine auto-injector devices for emergency\\ntreatment of a person appearing to experience anaphylactic symptoms,\\nunder this section.\\n (b) An eligible person or entity shall designate one or more\\nindividuals who have completed the training required by paragraph (c) of\\nthis subdivision to be responsible for the storage, maintenance,\\ncontrol, and general oversight of the epinephrine auto-injectors\\nacquired by the eligible person or entity.\\n (c) No one may use an epinephrine auto-injector device on behalf of an\\neligible person or entity unless he or she has successfully completed a\\ntraining course in the use of epinephrine auto-injector devices\\nconducted by a nationally recognized organization experienced in\\ntraining laypersons in emergency health treatment or by an entity or\\nindividual approved by the commissioner, or is directed in a specific\\ninstance to use an epinephrine auto-injector device by a health care\\npractitioner. The training required by this paragraph shall include (i)\\nhow to recognize signs and symptoms of severe allergic reactions,\\nincluding anaphylaxis; (ii) recommended dosage for adults and children;\\n(iii) standards and procedures for the storage and administration of an\\nepinephrine auto-injector; and (iv) emergency follow-up procedures.\\n (d) This section does not prohibit the use of an epinephrine\\nauto-injector device (i) by a health care practitioner or (ii) by a\\nperson acting pursuant to a lawful patient-specific prescription.\\n (e) Every eligible person and entity authorized to possess and use\\nepinephrine auto-injector devices pursuant to this section shall use,\\nmaintain and dispose of such devices pursuant to regulations of the\\ndepartment.\\n (f) Nothing in this section shall require any eligible person or\\nentity to acquire, possess, store, make available, or administer an\\nepinephrine auto-injector.\\n 3. Prescriptions. (a) A health care practitioner who is authorized to\\nprescribe drugs may prescribe, dispense or provide an epinephrine\\nauto-injector device to or for an eligible person or entity by a\\nnon-patient-specific prescription.\\n (b) A pharmacist may dispense an epinephrine auto-injector pursuant to\\na non-patient-specific prescription under this subdivision.\\n (c) This subdivision does not limit any other authority a health care\\npractitioner or pharmacist has to prescribe, dispense, provide or\\nadminister an epinephrine auto-injector device.\\n 4. Application of other laws. (a) Use of an epinephrine auto-injector\\ndevice pursuant to this section shall be considered first aid or\\nemergency treatment for the purpose of any statute relating to\\nliability.\\n (b) Purchase, acquisition, possession or use of an epinephrine\\nauto-injector device pursuant to this section shall not constitute the\\nunlawful practice of a profession or other violation under title eight\\nof the education law or article thirty-three of this chapter.\\n (c) Any person otherwise authorized to sell or provide an epinephrine\\nauto-injector device may sell or provide it to a person or entity\\nauthorized to possess it pursuant to this section.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3000-D", "title" : "Availability of resuscitation equipment in certain public places", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3000-D", "activeDate" : "2014-09-22", "sequenceNo" : 1333, "repealedDate" : null, "fromSection" : "3000-D", "toSection" : "3000-D", "text" : " § 3000-d. Availability of resuscitation equipment in certain public\\nplaces. 1. For the purposes of this section, the following terms shall\\nbe defined as follows:\\n a. \"Bar\" means any establishment which is devoted to the sale and\\nservice of alcoholic beverages for on-premises consumption and in which\\nthe service of food, if served at all, is incidental to the consumption\\nof such beverages.\\n b. \"Health club\" means any commercial establishment offering\\ninstruction, training or assistance and/or the facilities for the\\npreservation, maintenance, encouragement or development of physical\\nfitness or well-being. \"Health club\" as defined herein shall include,\\nbut not be limited to health spas, health studios, gymnasiums, weight\\ncontrol studios, martial arts and self-defense schools or any other\\ncommercial establishment offering a similar course of physical training.\\n c. \"Owner or operator\" means the owner, manager, operator or other\\nperson having control of an establishment.\\n d. \"Public place\" means a restaurant, bar, theater or health club.\\n e. \"Restaurant\" means any commercial eating establishment which is\\ndevoted, wholly or in part, to the sale of food for on-premises\\nconsumption.\\n f. \"Resuscitation equipment\" means: (i) an adult exhaled air\\nresuscitation mask, for which the federal food and drug administration\\nhas granted permission to market, accompanied by a pair of disposable\\ngloves, and (ii) a pediatric exhaled air resuscitation mask, for which\\nthe federal food and drug administration has granted permission to\\nmarket, accompanied by a pair of disposable gloves.\\n g. \"Theater\" means a motion picture theater, concert hall, auditorium\\nor other building used for, or designed for the primary purpose of,\\nexhibiting movies, stage dramas, musical recitals, dance or other\\nsimilar performances.\\n 2. The owner or operator of a public place shall have available in\\nsuch public place resuscitation equipment in quantities deemed adequate\\nby the department. Such equipment shall be readily accessible for use\\nduring medical emergencies. Any information deemed necessary by the\\ncommissioner shall accompany the resuscitation equipment. Resuscitation\\nequipment shall be discarded after a single use.\\n 3. The owner or operator of a public place shall provide notice to\\npatrons, by means of signs, printed material or other means of written\\ncommunication, indicating the availability of resuscitation equipment\\nfor emergency use and providing information on how to obtain\\ncardiopulmonary resuscitation training. The type, size, style, location\\nand language of such notice shall be determined in accordance with\\nrules, promulgated by the commissioner. In promulgating such rules, the\\ncommissioner shall take into consideration the concerns of the public\\nplaces within the scope of this section. If the department shall make\\nsigns available pursuant to this subdivision, it may charge a fee to\\ncover printing, postage and handling expenses.\\n 4. Any owner or operator of a public place, his or her employee or\\nother agent, or any other person who voluntarily and without expectation\\nof monetary compensation renders emergency treatment using the\\nresuscitation equipment required pursuant to this section, to a person\\nwho is unconscious, ill or injured, shall only be liable pursuant to\\nsection three thousand-a of this article.\\n 5. Nothing contained in this section shall impose any duty or\\nobligation on any owner or operator of a public place, his or her\\nemployee or other agent, or any other person to provide resuscitation\\nassistance to the victim of a medical emergency.\\n 6. Nothing in this section shall be construed to restrict the power of\\nany county, city, town, or village to adopt and enforce additional local\\nlaws, ordinances, or regulations which comply with at least the minimum\\napplicable standards set forth in this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3001", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3001", "activeDate" : "2014-09-22", "sequenceNo" : 1334, "repealedDate" : null, "fromSection" : "3001", "toSection" : "3001", "text" : " § 3001. Definitions. As used in this article, unless the context\\notherwise requires:\\n 1. \"Emergency medical service\" means initial emergency medical\\nassistance including, but not limited to, the treatment of trauma,\\nburns, respiratory, circulatory and obstetrical emergencies.\\n 2. \"Ambulance service\" means an individual, partnership, association,\\ncorporation, municipality or any legal or public entity or subdivision\\nthereof engaged in providing emergency medical care and the\\ntransportation of sick or injured persons by motor vehicle, aircraft or\\nother forms of transportation to, from, or between general hospitals or\\nother health care facilities.\\n 3. \"Voluntary ambulance service\" means an ambulance service (i)\\noperating not for pecuniary profit or financial gain, and (ii) no part\\nof the assets or income of which is distributable to, or enures to the\\nbenefit of, its members, directors or officers except to the extent\\npermitted under this article.\\n 4. \"Voluntary advanced life support first response service\" means\\nadvanced life support first response service (i) operating not for\\npecuniary profit or financial gain, and (ii) no part of the assets or\\nincome of which is distributable to, or enures to the benefit of, its\\nmembers, directors or officers except to the extent permitted under this\\narticle.\\n 5. \"Certified first responder\" means an individual who meets the\\nminimum requirements established by regulations pursuant to section\\nthree thousand two of this article and who is responsible for\\nadministration of initial life saving care of sick and injured persons.\\n 6. \"Emergency medical technician\" means an individual who meets the\\nminimum requirements established by regulations pursuant to section\\nthree thousand two of this article and who is responsible for\\nadministration or supervision of initial emergency medical care and\\ntransportation of sick or injured persons.\\n 7. \"Advanced emergency medical technician\" means an emergency medical\\ntechnician who has satisfactorily completed an advanced course of\\ntraining approved by the state council under regulations pursuant to\\nsection three thousand two of this article.\\n 8. \"State council\" means the New York state emergency medical services\\ncouncil established pursuant to this article.\\n 9. \"Regional council\" means a regional emergency medical services\\ncouncil established pursuant to this article.\\n 10. \"Enrolled member\" means any member of a voluntary ambulance\\nservice or voluntary advanced life support first response service who\\nprovides emergency medical care or transportation of sick or injured\\npersons without expectation of monetary compensation.\\n 11. \"Advanced life support care\" means definitive acute medical care\\nprovided, under medical control, by advanced emergency medical\\ntechnicians within an advanced life support system.\\n 12. \"Advanced life support system\" means an organized acute medical\\ncare system to provide advanced life support care on site or en route\\nto, from, or between general hospitals or other health care facilities.\\n 13. \"Advanced life support mobile unit\" means an ambulance or advanced\\nlife support first response vehicle approved to provide advanced life\\nsupport services pursuant to this article.\\n 14. \"Qualified medical and health personnel\" means physicians,\\nregistered professional nurses and advanced emergency medical\\ntechnicians competent in the management of patients requiring advanced\\nlife support care.\\n 15. \"Medical control\" means: (a) advice and direction provided by a\\nphysician or under the direction of a physician to certified first\\nresponders, emergency medical technicians or advanced emergency medical\\ntechnicians who are providing medical care at the scene of an emergency\\nor en route to a health care facility; and (b) indirect medical control\\nincluding the written policies, procedures, and protocols for\\nprehospital emergency medical care and transportation developed by the\\nstate emergency medical advisory committee, approved by the state\\nemergency medical services council and the commissioner, and implemented\\nby regional medical advisory committees.\\n 16. \"Regional medical advisory committee\" means a group of five or\\nmore physicians, and one or more non-voting individuals representative\\nof each of the following: hospitals, basic life support providers,\\nadvanced life support providers and emergency medical services training\\nsponsor medical directors approved by the affected regional emergency\\nmedical services councils.\\n 17. \"Advanced life support first response service\" means an\\norganization which provides advanced life support care, but does not\\ntransport patients.\\n 18. \"EMS program agency\" means a not-for-profit corporation or\\nmunicipality designated by the state council and approved by the\\naffected regional council or councils to facilitate the development and\\noperation of an emergency medical services system within a region as\\ndirected by the regional council under this article.\\n 19. \"Operator\" means any person who by reason of a direct or indirect\\nownership interest (whether of record or beneficial) has the ability,\\nacting either alone or in concert with others with ownership interests,\\nto direct or cause the direction of the management or policies of an\\nambulance service or advanced life support first response service.\\n 20. \"Mutual aid agreement\" means a written agreement, entered into by\\ntwo or more ambulance services or advanced life support first response\\nservices possessing valid ambulance service or advanced life support\\nfirst response service certificates or statements of registration, for\\nthe organized, coordinated, and cooperative reciprocal mobilization of\\npersonnel, equipment, services, or facilities for back-up or support\\nupon request as required pursuant to a written mutual aid plan. An\\nambulance service and advanced life support first response service may\\nparticipate in one or more mutual aid agreements.\\n 21. \"Primary territory\" means the geographic area or subdivisions\\nlisted on an ambulance service certificate or statement of registration\\nwithin which the ambulance service may receive patients for transport.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3002", "title" : "New York state emergency medical services council", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-05-01", "2019-07-12", "2021-07-09", "2023-05-12", "2023-06-23" ], "docLevelId" : "3002", "activeDate" : "2019-07-12", "sequenceNo" : 1335, "repealedDate" : null, "fromSection" : "3002", "toSection" : "3002", "text" : " § 3002. New York state emergency medical services council. 1. There is\\nhereby created in the department of health the New York state emergency\\nmedical services council. The state council shall consist of thirty-two\\nmembers. Fourteen members to the state council shall be appointed by the\\ncommissioner and shall be representative of each geographic area of the\\nstate. At least one member shall be representative of the interests of\\nthe general public. Other members shall be knowledgeable in various\\naspects of emergency medical services and shall include, but not be\\nlimited to, representatives of voluntary ambulance services, advanced\\nlife support first response services, ambulance services operating for\\nprofit, municipal ambulance services, hospitals, a statewide\\norganization representing volunteer fire services, municipal tax\\ndistricts providing ambulance services, physicians, and nurses. The\\ncommissioner shall also appoint a representative from each regional\\ncouncil, from nominations received from the appropriate regional\\ncouncil. The members of the state council shall elect a chairperson from\\namong the members of the state council by a majority vote of those\\npresent, who shall serve for a term of one year and until a successor is\\nelected.\\n 2. The state council shall have the power, by an affirmative vote of a\\nmajority of those present, subject to approval by the commissioner, to\\nenact, and from time to time, amend and repeal, rules and regulations\\nestablishing minimum standards for ambulance services, ambulance service\\ncertification, advanced life support first response services, the\\nprovision of prehospital emergency medical care, public education, the\\ndevelopment of a statewide emergency medical services system, the\\nprovision of ambulance services outside the primary territory specified\\nin the ambulance services' certificate and the training, examination,\\nand certification of certified first responders, emergency medical\\ntechnicians, and advanced emergency medical technicians; provided,\\nhowever, that such minimum standards must be consistent with the\\nstaffing standards established by section three thousand five-a of this\\narticle. Such training shall be made available by video or computer to\\nthe maximum extent possible. Until January first, nineteen hundred\\nninety-seven, no minimum standards shall be established for services\\nprovided by a voluntary ambulance service operating solely pursuant to a\\nstatement of registration issued under section three thousand four. The\\ncurriculum for certified first responder training shall not exceed\\nfifty-one hours including prerequisites. The state council shall have\\nthe same powers granted to regional councils by this article in any\\nregion of the state in which a regional council has not been\\nestablished.\\n 2-a. In furtherance of the powers set forth in subdivision two of this\\nsection, the state council shall provide to the trustees of the state\\nuniversity of New York such information and recommendations as may be\\nrequested by such trustees to assist such trustees' study of the\\nfeasibility of community colleges' and state university of New York\\nagricultural and technical colleges' offering credit and noncredit\\ncourses which would satisfy the educational requirements for\\ncertification and recertification of emergency medical technicians and\\nadvanced emergency medical technicians.\\n * 2-b. The commissioner, in consultation with the state emergency\\nmedical services council, shall develop a program to allow certified\\nfirst responders, emergency medical technicians and advanced emergency\\nmedical technicians who have been in continuous practice, who have\\ndemonstrated competence in applicable behavioral and performance\\nobjectives, and who have demonstrated completion of appropriate\\ncontinuing education, to renew their certification under subdivision two\\nof this section without requiring the completion of a written\\nexamination. In implementing this program, the commissioner shall\\ncontract with and use the standards established by a nationally\\nrecognized organization that certifies certified first responders,\\nemergency medical technicians and advanced emergency medical\\ntechnicians. Renewals of certification under the program shall be deemed\\nequivalent to renewals under subdivision two of this section for\\npurposes of this article.\\n * NB Repealed July 1, 2021\\n 3. Upon appeal from the appropriate regional council, the state\\ncouncil shall have the power, by an affirmative vote of a majority of\\nthose present, to amend, modify and reverse determinations of the\\nregional councils made pursuant to subdivision five of section three\\nthousand three and section three thousand eight of this article. All\\ndeterminations of the state council respecting applications for\\nambulance service certificates or statements of registration or\\nrespecting the revocation, suspension (except temporary suspension),\\nlimitation or annulment of an ambulance service certificate shall be\\nsubject to review as provided in article seventy-eight of the civil\\npractice law and rules. Application for such review must be made within\\nsixty days after service in person or by registered or certified mail of\\na copy of the determination upon the applicant or holder of the\\ncertificate.\\n 3-a. Upon appeal from the applicant, the department, or any concerned\\nparty, the state council shall have the power, by an affirmative vote of\\na majority of those present, to amend, modify and reverse determinations\\nof the regional councils made pursuant to subdivision five-a of section\\nthree thousand three of this article. All determinations of the state\\ncouncil with respect to exemptions shall be subject to review as\\nprovided in article seventy-eight of the civil practice law and rules.\\nApplication for such review must be made within sixty days after service\\nin person or by registered or certified mail.\\n 4. The term of office of each member shall be two years. Vacancies\\nshall be filled by appointment for the remainder of an unexpired term.\\nThe members shall continue in office until the expiration of their terms\\nand until their successors are appointed and have qualified. No member\\nshall be appointed to the state council for more than four consecutive\\nterms.\\n 5. The state council shall meet as frequently as its business may\\nrequire. The presence of a majority of the members shall constitute a\\nquorum. The members of the state council shall receive no compensation\\nfor their services as members, but each shall be allowed the necessary\\nand actual expenses incurred in the performance of his or her duties\\nunder this section.\\n 6. The commissioner, upon request of the state council, shall\\ndesignate an officer or employee of the department to act as secretary\\nof the state council, and shall assign from time to time such other\\nemployees as the state council may require.\\n 7. No civil action shall be brought in any court against any member,\\nofficer or employee of the state council for any act done, failure to\\nact, or statement or opinion made, while discharging his or her duties\\nas a member, officer or employee of the state council, without leave\\nfrom a justice of the supreme court, first had and obtained. In no event\\nshall such member, officer or employee be liable for damages in any such\\naction if he or she shall have acted in good faith, with reasonable care\\nand upon probable cause.\\n 8. The state council shall, after consultation with the department and\\nthe regional councils, forward to the commissioner not later than\\nDecember first an estimate of the amounts needed to provide adequate\\nfunding for emergency medical services training including advanced life\\nsupport at the local level, regional medical emergency services\\ncouncils, emergency medical services program agencies, the state\\nemergency medical services council or other emergency medical services\\ntraining programs to carry out the purposes of this article and article\\nthirty-A of this chapter. Such estimate shall be transmitted without\\nchange by the commissioner to the governor, the division of the budget,\\nthe temporary president of the senate, the speaker of the assembly, and\\nthe fiscal and health committees of each house of the legislature.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3002-A", "title" : "State emergency medical advisory committee", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3002-A", "activeDate" : "2014-09-22", "sequenceNo" : 1336, "repealedDate" : null, "fromSection" : "3002-A", "toSection" : "3002-A", "text" : " § 3002-a. State emergency medical advisory committee. 1. There shall\\nbe a state emergency medical advisory committee of the state emergency\\nmedical services council consisting of thirty-one members. Twenty-three\\nmembers shall be physicians appointed by the commissioner, including one\\nnominated by each regional emergency medical services council, an\\nadditional physician from the city of New York, one pediatrician, one\\ntrauma surgeon, one psychiatrist and the chairperson. Each of the\\nphysicians shall have demonstrated knowledge and experience in emergency\\nmedical services. There shall be eight non-physician non-voting members\\nappointed by the chairperson of the state council, at least five of whom\\nshall be members of the state emergency medical services council at the\\ntime of their appointment. At least one of the eight shall be an\\nemergency nurse, at least one shall be an advanced emergency medical\\ntechnician, at least one shall be a basic emergency medical technician,\\nand at least one shall be employed in a hospital setting with\\nadministrative responsibility for a hospital emergency department or\\nservice.\\n 2. The committee shall develop and recommend to the state council\\nstatewide minimum standards for: (a) medical control; (b) treatment,\\ntransportation and triage protocols, including protocols for invasive\\nprocedures and infection control; and (c) the use of regulated medical\\ndevices and drugs by emergency medical services personnel certified\\npursuant to this article. The state emergency medical advisory\\ncommittee, with the consent of the commissioner, may issue advisory\\nguidelines in any of these areas, which shall not have the force and\\neffect of law unless adopted as rules and regulations by the state\\nemergency medical services council. The state emergency medical advisory\\ncommittee shall advise the state emergency medical services council\\nprior to the issuance of any guidelines. The committee shall also review\\nprotocols developed by regional emergency medical advisory committees\\nfor consistency with statewide standards.\\n 2-a. Any decision of the state emergency medical advisory committee\\nregarding medical control, protocols for treatment, triage, or\\ntransportation, or the use of regulated medical devices may be appealed\\nto the commissioner by any required regional emergency medical services\\ncouncil, regional emergency medical advisory committee, ambulance\\nservice or advanced life support service, or certified first responder,\\nemergency medical technician, or advanced emergency medical technician\\nadversely affected.\\n 3. Each member shall have a term of two years, except that five of\\nthose first appointed shall have a term of three years. Members may\\nsucceed themselves.\\n 4. The committee shall meet as frequently as its business may require.\\nThe presence of a majority of the members shall constitute a quorum. The\\nmembers of the committee shall receive no compensation for their\\nservices as members, but each shall be allowed the necessary and actual\\nexpenses incurred in the performance of his or her duties under this\\nsection.\\n 5. No civil action shall be brought in any court against any member,\\nofficer or employee of the committee for any act done, failure to act,\\nor statement or opinion made, while discharging his or her duties as a\\nmember, officer, or employee of the committee, without leave from a\\njustice of the supreme court, first had and obtained. In no event shall\\nsuch member, officer, or employee be liable for damages in any such\\naction if he or she shall have acted in good faith, with reasonable care\\nand upon probable cause.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3003", "title" : "Regional emergency medical services councils", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2023-05-12", "2023-06-23" ], "docLevelId" : "3003", "activeDate" : "2014-09-22", "sequenceNo" : 1337, "repealedDate" : null, "fromSection" : "3003", "toSection" : "3003", "text" : " § 3003. Regional emergency medical services councils. 1. The\\ncommissioner, with the approval of the state council, shall designate\\nregional emergency medical services councils on or before January first,\\nnineteen hundred seventy-eight but in no event shall the number of\\nregional councils exceed eighteen. Such regional councils shall be\\nestablished on the basis of application for designation as regional\\ncouncils submitted by local organizations, the members of which are\\nknowledgeable in various aspects of emergency medical services. Such\\napplication shall describe the geographic area to be served and contain\\na list of nominees for appointment to membership on such regional\\ncouncils and a statement as to the proposed method of operation in such\\ndetail as the commissioner, with the approval of the state council,\\nshall prescribe.\\n 2. Each regional council shall be comprised of at least fifteen but\\nnot more than thirty members to be initially appointed by the\\ncommissioner, with the approval of the state council, from nominations\\nsubmitted by local organizations applying for establishment as the\\nregional council. Not less than one-third of the membership of the\\nregional councils shall be representatives of ambulance services and the\\nremaining membership of the regional councils shall consist of, but not\\nbe limited to, representatives of existing local emergency medical care\\ncommittees, physicians, nurses, hospitals, health planning agencies,\\nfire department emergency and rescue squads, public health officers and\\nthe general public. The county EMS coordinator, established pursuant to\\nsection two hundred twenty-three-b of the county law, of any county\\nwithin the region shall serve as an ex officio member of the regional\\ncouncil; provided, however, nothing in this subdivision shall prevent a\\ncounty EMS coordinator from serving as a voting member of a regional\\ncouncil. Members of each regional council shall be residents living\\nwithin the geographic area to be served by the regional council. The\\npresence of a majority of members shall constitute a quorum.\\n 3. Each regional council shall have the power to:\\n (a) have a seal and alter the same at pleasure;\\n (b) acquire, lease, hold, and dispose of real and personal property or\\nany interest therein for its purposes;\\n (c) make and alter by-laws for its organization and internal\\nmanagement, and rules and regulations governing the exercise of its\\npowers and the fulfillment of its purposes under this article; such\\nrules and regulations must be filed with the secretary of state and the\\nstate EMS council;\\n (d) enter into contracts for employment of such officers and employees\\nas it may require for the performance of its duties; and to fix and\\ndetermine their qualifications, duties, and compensation, and to retain\\nand employ such personnel as may be required for its purposes; and\\nprivate consultants on a contract basis or otherwise, for the rendering\\nof professional or technical services and advice;\\n (e) enter into contracts, leases, and subleases and to execute all\\ninstruments necessary or convenient for the conduct of its business,\\nincluding contracts with the commissioner and any state agency or\\nmunicipal entity; and contracts with hospitals and physicians for the\\npurposes of carrying out its powers under this article;\\n (f) undertake or cause to be undertaken plans, surveys, analyses and\\nstudies necessary, convenient or desirable for the effectuation of its\\npurposes and powers, and to prepare recommendations and reports in\\nregard thereto;\\n (g) fix and collect reasonable fees, rents, and other charges for the\\nuse of its equipment and the provision of its services;\\n (h) contract for and to accept any gifts or grants, subsidies, or\\nloans of funds or property, or financial or other aid in any form from\\nthe federal or state government or any agency or instrumentality\\nthereof; or from any other source, public or private, and to comply,\\nsubject to the provisions of this article, with the terms and conditions\\nthereof; provided, however, that the councils may contract for payment\\nof debt evidenced by bonds or notes or other evidence of indebtedness,\\neither directly or through a lease purchase agreement;\\n (i) recommend to the department approval of training course sponsors\\nwithin its region, and to develop, promulgate and implement annually an\\nEMS training plan which addresses the needs of its region;\\n (j) enter into contracts or memoranda of agreement with other regional\\ncouncils to provide services in a joint or cooperative manner; and to\\nenter into contracts or memoranda of agreement with an EMS program\\nagency to carry out one or more of its responsibilities under this\\narticle;\\n (k) procure insurance against any loss or liability in connection with\\nthe use, management, maintenance, and operation of its equipment and\\nfacilities, in such amounts and from such insurers as it reasonably\\ndeems necessary;\\n (l) approve regional medical advisory committee nominees;\\n (m) provide focused technical assistance and support to those\\nvoluntary ambulance services operating under exemptions, to assist such\\nservices in progressing toward the uniform standards established\\npursuant to this section. Such assistance and support shall include, but\\nnot be limited to, volunteer recruitment and management training; and\\n (n) do all things necessary, convenient and desirable to carry out its\\npurposes and for the exercise of the powers granted in this article.\\n 4. Each regional council shall have the responsibility to coordinate\\nemergency medical services programs within its region, including but not\\nlimited to, the establishment of emergency medical technician courses\\nand the issuance of uniform emergency medical technician insignia and\\ncertificates. Such training courses shall be made available by video or\\ncomputer to the maximum extent possible.\\n 5. The regional council shall have the responsibility to make\\ndeterminations of public need for the establishment of additional\\nemergency medical services and ambulance services and to make the\\ndeterminations of public need as provided in section three thousand\\neight. The regional council shall make such determination by an\\naffirmative vote of a majority of all of those members consisting of\\nvoting members.\\n 5-a. The regional emergency medical services council is authorized to\\ngrant an exemption from the staffing standards set forth in section\\nthree thousand five-a of this article to a voluntary ambulance service\\noperating solely with enrolled members or paid emergency medical\\ntechnicians which has demonstrated a good faith effort to meet the\\nstandards and is unable to meet such standards because of factors deemed\\nappropriate by the regional council. An exemption shall be for a period\\nnot to exceed two years and shall be conditioned on the participation by\\nthe voluntary service in a program to achieve compliance which shall\\ninclude technical assistance and support from the regional council\\ntailored to the needs and resources at the local level, as provided by\\nparagraph (m) of subdivision three of this section, to be funded by the\\nNew York state emergency medical services training account established\\npursuant to section ninety-seven-q of the state finance law, such\\naccount as funded by a chapter of the laws of nineteen hundred\\nninety-three. Nothing shall prevent the regional council from issuing\\nsubsequent exemptions. Such exemptions shall have no effect whatsoever\\non the insurability of the organization receiving such exemption and\\nsuch exemption shall not be used as a basis for increasing insurance\\nrates or premiums related thereto, notwithstanding any other provision\\nof law, rule, regulation, or commissioner's ruling or advisory to the\\ncontrary. Prior to issuing an exemption, the regional council shall\\nprovide written notice by certified mail to the chief executive officers\\nof all general hospitals and municipalities in the county or counties\\nwithin which the service requesting an exemption operates. Such notice\\nshall provide opportunity for comment on the issuance of the exemption.\\nNotice of the determination of the regional council shall be provided\\nwithin ten days of the determination to the applicant, the department,\\nand any party receiving notification of the application who requests\\nnotice of the determination. The applicant, the department, or any\\nconcerned party may appeal the determination of the regional council to\\nthe state council within thirty days after the regional council makes\\nits determination.\\n 6. The term of office of members of the regional council shall be four\\nyears, except that of those members first appointed, at least one-half\\nbut not more than two-thirds shall be for terms not to exceed two years.\\n 7. Each regional council shall meet as frequently as its business may\\nrequire.\\n 8. The commissioner, upon request of the regional council, may\\ndesignate an officer or employee of the department to act as secretary\\nof the regional council, and may assign from time to time such other\\nemployees as the regional council may require.\\n 9. No civil action shall be brought in any court against any member,\\nofficer or employee of any designated regional council for any act done,\\nfailure to act, or statement or opinion made, while discharging his\\nduties as a member, officer or employee of the regional council, without\\nleave from a justice of the supreme court, first had and obtained. In\\nany event such member, officer or employee shall not be liable for\\ndamages in any such action if he shall have acted in good faith, with\\nreasonable care and upon probable cause.\\n 10. (a) The department shall provide each regional council with the\\nfunds necessary to enable such regional council to carry out its\\nresponsibilities as mandated under this section within amounts\\nappropriated therefor.\\n (b) Such funds shall be provided upon approval by the department of an\\napplication submitted by a regional council. The application shall\\ncontain such information and be in such form as the commissioner shall\\nrequire pursuant to rules and regulations which he shall promulgate\\nafter consultation with the state council in order to effect the\\npurposes and provisions of this subdivision.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3003-A", "title" : "EMS program agencies", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3003-A", "activeDate" : "2014-09-22", "sequenceNo" : 1338, "repealedDate" : null, "fromSection" : "3003-A", "toSection" : "3003-A", "text" : " § 3003-a. EMS program agencies. 1. As provided by agreement with the\\ncommissioner or regional councils based on needs identified by the\\nregional emergency medical services councils, an EMS program agency may\\nbe responsible for facilitating quality improvement of emergency medical\\ncare within its region, staffing the regional emergency medical advisory\\ncommittees provided for in section three thousand four-a of this\\narticle, providing prehospital education programs approved by the\\ndepartment, and other activities to support and facilitate regional\\nemergency medical services systems.\\n 2. The programs developed by the agencies established by subdivision\\none of this section shall be implemented beginning in nineteen hundred\\nninety-three using funds collected by the New York state emergency\\nmedical services training account, established within the miscellaneous\\nspecial revenue fund - 339 by section ninety-seven-q of the state\\nfinance law.\\n 3. The portion of the funds collected by the emergency medical\\nservices training New York state account, established and allocated\\nwithin the miscellaneous special revenue fund - 339 by section\\nninety-seven-q of the state finance law, shall be adequate to support\\nthe costs incurred in implementing the programs described in subdivision\\none of this section.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3004-A", "title" : "Regional emergency medical advisory committees", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3004-A", "activeDate" : "2014-09-22", "sequenceNo" : 1339, "repealedDate" : null, "fromSection" : "3004-A", "toSection" : "3004-A", "text" : " § 3004-a. Regional emergency medical advisory committees. 1. Regional\\nemergency medical advisory committees shall develop policies,\\nprocedures, and triage, treatment, and transportation protocols which\\nare consistent with the standards of the state emergency medical\\nadvisory committee and which address specific local conditions.\\nRegional emergency medical advisory committees may also approve\\nphysicians to provide on line medical control, coordinate the\\ndevelopment of regional medical control systems, and participate in\\nquality improvement activities addressing system-wide concerns.\\nHospitals and prehospital medical care services shall be authorized to\\nrelease patient outcome information to regional emergency medical\\nadvisory committees for purposes of assessing prehospital care concerns.\\nRegional quality improvement programs shall be presumed to be an\\nextension of the quality improvement program set forth in section three\\nthousand six of this article, and the provisions of subdivisions two and\\nthree of such section three thousand six shall apply to such programs.\\n 2. The committee shall nominate to the commissioner a physician with\\ndemonstrated knowledge and experience in emergency medical services to\\nserve on the state emergency medical advisory committee.\\n 3. No civil action shall be brought in any court against any member,\\nofficer or employee of the committee for any act done, failure to act,\\nor statement or opinion made, while discharging his or her duties as a\\nmember, officer, or employee of the committee, without leave from a\\njustice of the supreme court, first had and obtained. In no event shall\\nsuch member, officer, or employee be liable for damages in any such\\naction if he or she shall have acted in good faith, with reasonable care\\nand upon probable cause.\\n 4. Any decision of a regional emergency medical advisory committee\\nregarding provision of a level of care, including staffing requirements,\\nmay be appealed to the state emergency medical advisory committee by any\\nregional EMS council, ambulance service, advanced life support service,\\ncertified first responder, emergency medical technician, or advanced\\nemergency medical technician adversely affected. No action shall be\\ntaken to implement a decision regarding existing levels of care or\\nstaffing while an appeal of such decision is pending. Any decision of\\nthe state emergency medical advisory committee may be appealed pursuant\\nto subdivision two-a of section three thousand two-a of this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3005", "title" : "Ambulance service certificates", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3005", "activeDate" : "2014-09-22", "sequenceNo" : 1340, "repealedDate" : null, "fromSection" : "3005", "toSection" : "3005", "text" : " § 3005. Ambulance service certificates. 1. No ambulance service\\noperating for profit, hospital ambulance service or municipal ambulance\\nservice of a city of over one million population shall operate on or\\nafter September first, nineteen hundred seventy-five unless it possesses\\na valid ambulance service certificate issued pursuant to this article.\\nEffective January first, nineteen hundred ninety-seven, no ambulance\\nservice shall be operated unless it possesses a valid ambulance service\\noperating certificate issued pursuant to this article or has been issued\\na statement of registration. No advanced life support first response\\nservice shall operate unless it possesses a valid advanced life support\\nfirst responder service operating certificate. Effective January first,\\ntwo thousand, no ambulance service shall be operated unless it possesses\\na valid operating certificate.\\n 2. The department shall issue an initial certificate to an ambulance\\nservice certified prior to the effective date of this section upon\\nsubmission of proof that it is the holder of a valid ambulance service\\ncertificate and is otherwise in compliance with provisions of section\\nthree thousand nine of this article.\\n 2-a. Prior to January first, two thousand, the department shall issue\\nan initial certificate to a registered ambulance service in possession\\nof a valid registration provided that such service has been issued an\\nexemption issued by a regional council pursuant to subdivision five-a of\\nsection three thousand three of this article.\\n 3. The department shall issue an initial certificate to an advanced\\nlife support first response service upon submission of proof that such\\nadvanced life support first response service is staffed and equipped in\\naccordance with rules and regulations promulgated pursuant to this\\narticle and is otherwise in compliance with provisions of section three\\nthousand nine of this article.\\n 4. A certificate issued to an ambulance service or advanced life\\nsupport first response service shall be valid for two years. The initial\\ncertification fee shall be one hundred dollars. Thereafter the biennial\\nfee shall be in accordance with the schedule of fees established by the\\ncommissioner pursuant to this article. However, there shall be no\\ninitial or renewal certification fee required of a voluntary ambulance\\nservice or voluntary advanced life support first response service.\\n 5. No initial certificate (except initial certificates issued pursuant\\nto subdivision two of this section) shall be issued unless the\\ncommissioner finds that the proposed operator or operators are competent\\nand fit to operate the service and that the ambulance service or\\nadvanced life support first response service is staffed and equipped in\\naccordance with rules and regulations promulgated pursuant to this\\narticle.\\n 6. No ambulance service or advanced life support first response\\nservice shall begin operation without prior approval of the appropriate\\nregional council, or if there is no appropriate regional council\\nestablished such ambulance service or advanced life support first\\nresponse service shall apply for approval from the state council as to\\nthe public need for the establishment of additional ambulance service or\\nadvanced life support first response service, pursuant to section three\\nthousand eight of this article.\\n 7. Applications for a certificate shall be made by the owner of an\\nambulance service or advanced life support first response service\\noperating for profit or the responsible official of a voluntary\\nambulance service or advanced life support first response service upon\\nforms provided by the department. The application shall state the name\\nand address of the owner and such other information as the department\\nmay require pursuant to rules and regulations.\\n 8. For purposes of this article, competent means that any proposed\\noperator of any ambulance service or advanced life support first\\nresponse service who is already or had been within the last ten years an\\nincorporator, director, sponsor, principal stockholder, or operator of\\nany ambulance service, hospital, private proprietary home for adults,\\nresidence for adults, or non-profit home for the aged or blind which has\\nbeen issued an operating certificate by the state department of social\\nservices, or a halfway house, hostel, or other residential facility or\\ninstitution for the care, custody, or treatment of the mentally disabled\\nsubject to the approval by the department of mental hygiene, or any\\ninvalid coach service subject to approval by the department of\\ntransportation, is rendering or did render a substantially consistent\\nhigh level of care. For purposes of this subdivision, the state\\nemergency medical services council shall adopt rules and regulations,\\nsubject to the approval of the commissioner, to establish the criteria\\nto be used to define substantially consistent high level of care with\\nrespect to ambulance services, advanced life support first response\\nservices, and invalid coaches, except that the commissioner may not find\\nthat a consistently high level of care has been rendered where there\\nhave been violations of the state EMS code, or other applicable rules\\nand regulations, that (i) threatened to directly affect the health,\\nsafety, or welfare of any patient, and (ii) were recurrent or were not\\npromptly corrected. For purposes of this article, the rules adopted by\\nthe state hospital review and planning council with respect to\\nsubdivision three of section twenty-eight hundred one-a of this chapter\\nshall apply to other types of operators. Fit means that the operator or\\nproposed operator (a) has not been convicted of a crime or pleaded nolo\\ncontendere to a felony charge involving murder, manslaughter, assault,\\nsexual abuse, theft, robbery, fraud, embezzlement, drug abuse, or sale\\nof drugs and (b) is not or was not subject to a state or federal\\nadministrative order relating to fraud or embezzlement, unless the\\ncommissioner finds that such conviction or such order does not\\ndemonstrate a present risk or danger to patients or the public.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3005-A", "title" : "Staffing standards; ambulance services and advanced life support first response services", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3005-A", "activeDate" : "2014-09-22", "sequenceNo" : 1341, "repealedDate" : null, "fromSection" : "3005-A", "toSection" : "3005-A", "text" : " § 3005-a. Staffing standards; ambulance services and advanced life\\nsupport first response services. 1. The following staffing standards\\nshall be in effect unless otherwise provided by this section:\\n (a) effective January first, nineteen hundred ninety-seven the minimum\\nstaffing standard for a registered ambulance service shall be a\\ncertified first responder with the patient;\\n (b) effective January first, two thousand, the minimum staffing\\nstandard for a voluntary ambulance service shall be an emergency medical\\ntechnician with the patient;\\n (c) the minimum staffing standard for all other ambulance services\\nshall be an emergency medical technician with the patient; and\\n (d) the minimum staffing standard for an advanced life support first\\nresponse service shall be an advanced emergency medical technician with\\nthe patient. Circumstances permitting other than advanced life support\\ncare by an advanced life support first response service may be\\nestablished by rule by the state council, subject to the approval of the\\ncommissioner.\\n 2. Any service granted an exemption by the regional council pursuant\\nto subdivision five-a of section three thousand three of this article\\nshall be subject to the standards and terms of the exemption.\\n 3. Notwithstanding any other provision of this article, the effective\\ndate of the standards established by this section shall be delayed by\\none year for each fiscal year, prior to January first, two thousand, in\\nwhich the amounts appropriated are less than that which would have been\\nexpended pursuant to the provisions of section ninety-seven-q of the\\nstate finance law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3005-B", "title" : "Emergency medical technician five year re-certification demonstration program", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2018-07-06", "2023-07-07" ], "docLevelId" : "3005-B", "activeDate" : "2018-07-06", "sequenceNo" : 1342, "repealedDate" : null, "fromSection" : "3005-B", "toSection" : "3005-B", "text" : " * § 3005-b. Emergency medical technician five year re-certification\\ndemonstration program. 1. There is hereby created within the department\\na demonstration program (referred to in this section as the \"program\")\\nto allow emergency medical technicians and advanced emergency medical\\ntechnicians who have been in continuous practice and who have\\ndemonstrated competence in applicable behavioral and performance\\nobjectives, to be re-certified for a five year period. No person shall\\nbe re-certified under the program unless he or she has completed at\\nleast one hundred thirty hours of instruction in emergency medical\\nservices as approved by the commissioner including but not limited to\\npediatrics, geriatrics, environmental emergencies, legal issues,\\nemergency vehicle operations course and medical emergencies. Renewals of\\ncertification under the program shall be deemed equivalent to renewals\\nunder subdivision two of section three thousand two of this article.\\n 2. The program shall be limited to persons who are employed by the New\\nYork city fire department or who are in practice in the following\\ncounties: Delaware, Fulton, Hamilton, Montgomery, Nassau, Otsego,\\nSchoharie or Suffolk. The commissioner may limit the number of\\nparticipants in the program, except that such limit shall be no less\\nthan four thousand participants.\\n 3. Within a year after implementing the program and annually\\nthereafter, the commissioner shall report to the governor and the\\nlegislature on the impact of the program on the quality of patient care\\nand the effectiveness of the program in retaining and recruiting\\ncertified emergency medical technicians and advanced emergency medical\\ntechnicians.\\n 4. The commissioner, in consultation with the state emergency medical\\nservices council, shall make regulations necessary to implement this\\nsection.\\n * NB Repealed July 1, 2023\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3006", "title" : "Quality improvement program", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3006", "activeDate" : "2014-09-22", "sequenceNo" : 1343, "repealedDate" : null, "fromSection" : "3006", "toSection" : "3006", "text" : " § 3006. Quality improvement program. 1. By January first, nineteen\\nhundred ninety-seven, every ambulance service and advanced life support\\nfirst response service shall establish or participate in a quality\\nimprovement program, which shall be an ongoing system to monitor and\\nevaluate the quality and appropriateness of the medical care provided by\\nthe ambulance service or advanced life support first response service,\\nand which shall pursue opportunities to improve patient care and to\\nresolve identified problems. The quality improvement program may be\\nconducted independently or in collaboration with other services, with\\nthe appropriate regional council, with an EMS program agency, with a\\nhospital, or with another appropriate organization approved by the\\ndepartment. Such program shall include a committee of at least five\\nmembers, at least three of whom do not participate in the provision of\\ncare by the service. At least one member shall be a physician, and the\\nothers shall be nurses, or emergency medical technicians, or advanced\\nemergency medical technicians, or other appropriately qualified allied\\nhealth personnel. The quality improvement committee shall have the\\nfollowing responsibilities:\\n (a) to review the care rendered by the service, as documented in\\nprehospital care reports and other materials. The committee shall have\\nthe authority to use such information to review and to recommend to the\\ngoverning body changes in administrative policies and procedures, as may\\nbe necessary, and shall notify the governing body of significant\\ndeficiencies;\\n (b) to periodically review the credentials and performance of all\\npersons providing emergency medical care on behalf of the service;\\n (c) to periodically review information concerning compliance with\\nstandard of care procedures and protocols, grievances filed with the\\nservice by patients or their families, and the occurrence of incidents\\ninjurious or potentially injurious to patients. A quality improvement\\nprogram shall also include participation in the department's prehospital\\ncare reporting system and the provision of continuing education programs\\nto address areas in which compliance with procedures and protocols is\\nmost deficient and to inform personnel of changes in procedures and\\nprotocols. Continuing education programs may be provided by the service\\nitself or by other organizations; and\\n (d) to present data to the regional medical advisory committee and to\\nparticipate in system-wide evaluation.\\n 2. The information required to be collected and maintained, including\\ninformation from the prehospital care reporting system which identifies\\nan individual, shall be kept confidential and shall not be released\\nexcept to the department or pursuant to section three thousand four-a of\\nthis article.\\n 3. Notwithstanding any other provisions of law, none of the records,\\ndocumentation, or committee actions or records required pursuant to this\\nsection shall be subject to disclosure under article six of the public\\nofficers law or article thirty-one of the civil practice law and rules,\\nexcept as hereinafter provided or as provided in any other provision of\\nlaw. No person in attendance at a meeting of any such committee shall be\\nrequired to testify as to what transpired thereat. The prohibition\\nrelated to disclosure of testimony shall not apply to the statements\\nmade by any person in attendance at such a meeting who is a party to an\\naction or proceeding the subject of which was reviewed at the meeting.\\nThe prohibition of disclosure of information from the prehospital care\\nreporting system shall not apply to information which does not identify\\na particular ambulance service or individual.\\n 4. Any person who in good faith and without malice provides\\ninformation to further the purpose of this section or who, in good faith\\nand without malice, participates on the quality improvement committee\\nshall not be subject to any action for civil damages or other relief as\\na result of such activity.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3007", "title" : "Notice of alternative destination", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3007", "activeDate" : "2014-09-22", "sequenceNo" : 1344, "repealedDate" : null, "fromSection" : "3007", "toSection" : "3007", "text" : " § 3007. Notice of alternative destination. In any city having a\\npopulation of one million or more, whenever an individual is transported\\nby ambulance from one facility to a second facility and the destination\\nis changed, it shall be the responsibility of the senior ambulance\\ndispatcher to inform the facility of origin by telephone of the ultimate\\ndestination immediately upon arrival thereat.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3008", "title" : "Applications for determinations of public need", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3008", "activeDate" : "2014-09-22", "sequenceNo" : 1345, "repealedDate" : null, "fromSection" : "3008", "toSection" : "3008", "text" : " § 3008. Applications for determinations of public need. 1. Every\\napplication for a determination of public need shall be made in writing\\nto the appropriate regional council, shall specify the primary territory\\nwithin which the applicant requests to operate, be verified under oath,\\nand shall be in such form and contain such information as required by\\nthe rules and regulations promulgated pursuant to this article.\\n 2. Notice of the application shall be forwarded by registered or\\ncertified mail by the appropriate regional council to the chief\\nexecutive officers of all general hospitals, ambulance services, and\\nmunicipalities operating within the same county or counties where the\\nservices seeks to operate. The notice shall provide opportunity for\\ncomment.\\n 3. Notice pursuant to this section shall be deemed filed with the\\nambulance service and municipality upon being mailed by the appropriate\\nregional or state council by registered or certified mail.\\n 4. The appropriate regional council or the state council shall make\\nits determination of public need within sixty days after receipt of the\\napplication.\\n 5. The applicant or any concerned party may appeal the determination\\nof the appropriate regional council to the state council within thirty\\ndays after the regional council makes its determination.\\n 6. In the case of an application for certification under this article\\nby a municipal ambulance service to serve the area within the\\nmunicipality, and the municipal ambulance service meets appropriate\\ntraining, staffing and equipment standards, there should be a\\npresumption in favor of approving the application.\\n 7. (a) Notwithstanding any other provision of law and subject to the\\nprovisions of this article, any municipality within this state, or fire\\ndistrict acting on behalf of any such municipality, and acting through\\nits local legislative body, is hereby authorized and empowered to adopt\\nand amend local laws, ordinances or resolutions to establish and operate\\nadvanced life support first responder services or municipal ambulance\\nservices within the municipality, upon meeting or exceeding all\\nstandards set by the department for appropriate training, staffing and\\nequipment, and upon filing with the New York state emergency medical\\nservices council, a written request for such authorization. Upon such\\nfiling, such municipal advanced life support first responder service or\\nmunicipal ambulance service shall be deemed to have satisfied any and\\nall requirements for determination of public need for the establishment\\nof additional emergency medical services pursuant to this article for a\\nperiod of two years following the date of such filing. Nothing in this\\narticle shall be deemed to exclude the municipal advanced life support\\nfirst responder service or municipal ambulance service authorized to be\\nestablished and operated pursuant to this article from complying with\\nany other requirement or provision of this article or any other\\napplicable provision of law.\\n (b) In the case of an application for certification pursuant to this\\nsubdivision, for a municipal advanced life support or municipal\\nambulance service, to serve the area within the municipality, where the\\nproposed service meets or exceeds the appropriate training, staffing and\\nequipment standards, there shall be a strong presumption in favor of\\napproving the application. Notwithstanding any other provision of this\\narticle, any city with a population of fourteen thousand seven hundred\\nor sixty-two thousand two hundred thirty-five, according to the two\\nthousand ten federal decennial census, or fire district acting on behalf\\nof any such city, that applies for permanent certification pursuant to\\nthis section at the conclusion of the two year period provided in this\\nsubdivision, shall not be required to apply to its regional emergency\\nmedical services council or the state emergency medical services council\\nfor a determination of need, and the application shall be submitted to\\nand approved by the commissioner unless the commissioner finds that the\\nmunicipal advanced life support first responder service or municipal\\nambulance service has failed to meet the appropriate training, staffing\\nand equipment standards.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3009", "title" : "Continuation of existing services", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3009", "activeDate" : "2014-09-22", "sequenceNo" : 1346, "repealedDate" : null, "fromSection" : "3009", "toSection" : "3009", "text" : " § 3009. Continuation of existing services. 1. Notwithstanding the\\nprovisions of sections three thousand four and three thousand five of\\nthis article, if any ambulance service or a predecessor in interest was\\nin bona fide operation as an ambulance service on April first, nineteen\\nhundred seventy-five, within the territory for which application for an\\nambulance service certificate or voluntary ambulance service statement\\nof registration is made pursuant to any provisions of this article, and\\nhas so operated since that time, the department shall issue such\\ncertificate or statement of registration without requiring proof that\\nthere is a public need for such ambulance service and without further\\nproceedings, provided application for such certificate or statement of\\nregistration is submitted to the department in accordance with this\\narticle prior to September first, nineteen hundred seventy-five. Pending\\nthe determination of any such application the continuance of such\\noperation shall be lawful. In all other cases the application shall be\\ndecided in accordance with the procedures provided for in section three\\nthousand four or three thousand five of this article and such\\napplication shall be approved or denied accordingly. An application\\npursuant to this section shall be deemed filed with the department upon\\nbeing mailed to the department by registered or certified mail.\\n 2. Notwithstanding the provisions of subdivision six of section three\\nthousand five of this article, if any advanced life support first\\nresponse service or a predecessor in interest was in bona fide operation\\nas an advanced life support first response service at the intermediate,\\ncritical care, or paramedic level on January first, nineteen hundred\\nninety-three, within the territory for which application for a\\ncertificate is made pursuant to any provisions of this article, and has\\nso operated since that time, the department shall issue such certificate\\nwithout requiring that there is a public need for such service and\\nwithout further proceedings, provided application for such certificate\\nor statement of registration is submitted to the department in\\naccordance with this article prior to January first, nineteen hundred\\nninety-eight. Notwithstanding the provisions of subdivision six of\\nsection three thousand five of this article, if any advanced life\\nsupport first response service or a predecessor in interest was in bona\\nfide operation as an advanced life support first response service at the\\nemt-defibrillation level on July first, nineteen hundred ninety-three,\\nwithin the territory for which application for a certificate is made\\npursuant to any provisions of this article, and has so operated since\\nthat time, the department shall issue such certificate without requiring\\nthat there is a public need for such service and without further\\nproceedings, provided application for such certificate or statement of\\nregistration is submitted to the department in accordance with this\\narticle prior to January first, nineteen hundred ninety-four. Pending\\nthe determination of any such application, the continuance of such\\noperation shall be lawful. In all other cases the application shall be\\ndecided in accordance with the procedures provided in section three\\nthousand five of this article and such application shall be approved or\\ndenied accordingly. An application pursuant to this section shall be\\ndeemed filed with the department upon being mailed to the department by\\ncertified or registered mail.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3010", "title" : "Area of operation; transfers", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3010", "activeDate" : "2014-09-22", "sequenceNo" : 1347, "repealedDate" : null, "fromSection" : "3010", "toSection" : "3010", "text" : " § 3010. Area of operation; transfers. 1. Every ambulance service\\ncertificate or statement of registration issued under this article shall\\nspecify the primary territory within which the ambulance service shall\\nbe permitted to operate. An ambulance service shall receive patients\\nonly within the primary territory specified on its ambulance service\\ncertificate or statement of registration, except: (a) when receiving a\\npatient which it initially transported to a facility or location outside\\nits primary territory; (b) as required for the fulfillment of a mutual\\naid agreement authorized by the regional council; (c) upon express\\napproval of the department and the appropriate regional emergency\\nmedical services council for a maximum of sixty days if necessary to\\nmeet an emergency need; provided that in order to continue such\\noperation beyond the sixty day maximum period necessary to meet an\\nemergency need, the ambulance service must satisfy the requirements of\\nthis article, regarding determination of public need and specification\\nof the primary territory on the ambulance service certificate or\\nstatement of registration; or (d) an ambulance service or advanced life\\nsupport first response service organization formed to serve the need for\\nthe provision of emergency medical services in accordance with the\\nreligious convictions of a religious denomination may serve such needs\\nin an area adjacent to such primary territory and, while responding to a\\ncall for such service, the needs of other residents of such area at the\\nemergency scene. Any ambulance service seeking to operate in more than\\none region shall make application to each appropriate regional council.\\nWhenever an application is made simultaneously to more than one regional\\ncouncil, the applications submitted to the regional councils shall be\\nidentical, or copies of each application shall be submitted to all the\\nregional councils involved.\\n 2. No ambulance service certificate shall be transferable unless the\\nregional council and the department reviews and approves the transfer as\\nfollows:\\n a. Any change in the individual who is the sole proprietor of an\\nambulance service shall only be approved upon a determination that the\\nproposed new operator is competent and fit to operate the service.\\n b. Any change in a partnership which is the owner of an ambulance\\nservice shall be approved based upon a determination that the new\\npartner or partners are competent and fit to operate the service. The\\nremaining partners shall not be subject to a character and fitness\\nreview.\\n c. Any transfer, assignment or other disposition of ten percent or\\nmore of the stock or voting rights thereunder of a corporation which is\\nthe owner of an ambulance service, or any transfer, assignment or other\\ndisposition of the stock or voting rights thereunder of such a\\ncorporation which results in the ownership or control of ten percent or\\nmore of the stock or voting rights thereunder by any person, shall be\\napproved based upon a determination that the new stockholder or\\nstockholder proposing to obtain ten percent or more of the stock or\\nvoting rights thereunder of such corporation is competent and fit to\\noperate the service. The remaining stockholders shall not be subject to\\na character and fitness review.\\n d. Any transfer of all or substantially all of the assets of a\\ncorporation which owns or operates a certified ambulance service shall\\nbe approved based upon a determination that the individual, partnership,\\nor corporation proposing to obtain all or substantially all of the\\nassets of the corporation is competent and fit to operate the service.\\n e. Any transfer affected in the absence of the review and approval\\nrequired by this section shall be null and void and the certificate of\\nsuch ambulance service shall be subject to revocation or suspension.\\n 3. Nothing contained in this section shall be construed to prohibit\\nany voluntary ambulance service authorized by its governing authority to\\ndo so from transporting any sick or injured resident of its primary\\nterritory from any general hospital or other health care facility\\nlicensed by the department, whether or not such general hospital or\\nhealth care facility is within the service's primary territory, to any\\nother general hospital or health care facility licensed by the\\ndepartment for further care, or to such resident's home. Nothing\\ncontained in this section shall be construed to prohibit any proprietary\\nambulance service authorized by its governing body to do so from\\ntransporting any sick or injured patient from any general hospital or\\nother health care facility licensed by the department whether or not\\nsuch general hospital or health care facility is within the service's\\nprimary territory, to any other general hospital or health care facility\\nlicensed by the department within the service's primary territory for\\nfurther care, or to such patient's home, if such patient's home is\\nwithin its primary territory. Any ambulance service owned by or under\\ncontract to a general hospital licensed by the department may transport\\nany specialty patient from any other general hospital or health care\\nfacility licensed by the department to the hospital owning such\\nambulance service, or with which it has a contract. Categories of\\nspecialty patients shall be defined by rule by the state emergency\\nmedical services council, subject to the approval of the commissioner.\\n 4. No ambulance service certificate of an ambulance service which has\\ndiscontinued operations for a continuous period in excess of thirty days\\nshall be transferable without the approval of the appropriate regional\\ncouncil.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3011", "title" : "Powers and duties of the department and the commissioner", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3011", "activeDate" : "2014-09-22", "sequenceNo" : 1348, "repealedDate" : null, "fromSection" : "3011", "toSection" : "3011", "text" : " § 3011. Powers and duties of the department and the commissioner. 1.\\nThe department may inquire into the operation of ambulance services and\\nadvanced life support first response services and conduct periodic\\ninspections of facilities, communication services, vehicles, methods,\\nprocedures, materials, staff and equipment. It may also evaluate data\\nreceived from ambulance services and advanced life support first\\nresponse services.\\n 2. The department may require ambulance services and advanced life\\nsupport first response services to submit periodic reports of calls\\nreceived, services performed and such other information as may be\\nnecessary to carry out the provisions of this article.\\n 3. The commissioner, with the advice and consent of the state council,\\nshall designate not more than eighteen geographic areas within the state\\nwherein a regional emergency medical services council shall be\\nestablished. In making the determination of a geographic area, the\\ncommissioner shall take into consideration the presence of ambulance\\nservices, hospital facilities, existing emergency medical services\\ncommittees, trained health personnel, health planning agencies and\\ncommunication and transportation facilities; and shall establish\\nseparate regional emergency medical services councils for the counties\\nof Nassau and Westchester. The commissioner shall promote and encourage\\nthe establishment of a regional emergency medical services council in\\neach of said designated areas.\\n 3-a. Notwithstanding any inconsistent provision of this article:\\n a. The creation of any regional council or emergency medical services\\nprogram agency on or after January first, two thousand shall not\\ndiminish any then existing funding appropriated after the effective date\\nof this subdivision to regional councils or emergency medical services\\nprogram agencies;\\n b. Subject to the provisions of paragraph c of this subdivision,\\nfunding for regional councils and emergency medical services program\\nagencies existing on or after January first, two thousand shall be\\nincreased in proportion to any funding appropriated therefor by the\\ndepartment and in such proportion as determined by the department;\\n c. Funding for any regional council or emergency medical services\\nprogram agency created on or after January first, two thousand shall be\\nin addition to any funds appropriated on the effective date of this\\nsubdivision for regional councils or emergency medical services program\\nagencies existing on January first, two thousand. Funding for any\\nregional council or emergency medical services program agency created\\nafter January first, two thousand shall be in an amount at least equal\\nto the minimum funding level appropriated to regional councils or\\nemergency medical services program agencies existing on such date, or in\\nan amount equal to the proportion that such new regional council or\\nemergency medical services program agency represented on the basis of\\npopulation in its former regional council or emergency medical services\\nprogram agency, whichever is larger.\\n 4. The commissioner may propose rules and regulations and amendments\\nthereto for consideration by the state council. The commissioner shall\\nestablish a schedule of certification fees for ambulance services and\\nadvanced life support first response services other than voluntary\\nambulance services and voluntary advanced life support first response\\nservices.\\n 5. For the purpose of promoting the public health, safety and welfare\\nthe commissioner is hereby authorized and empowered to contract with\\nvoluntary ambulance services and municipal ambulance services, or with\\nthe fire commissioners of fire districts operating voluntary ambulance\\nservices, upon such terms and conditions as he shall deem appropriate\\nand within amounts made available therefor, for reimbursement of the\\nnecessary and incidental costs incurred by such ambulance services in\\norder to effectuate the provisions of this article.\\n 6. The commissioner is hereby authorized, for the purposes of\\neffectuating the provisions of this article in the development of a\\nstatewide emergency medical service system, to contract with any\\nambulance service or with the fire commissioners of fire districts\\noperating certified voluntary ambulance services for the use of\\nnecessary equipment upon such terms and conditions as the commissioner\\nshall deem appropriate.\\n 7. The commissioner may recommend to the state council minimum\\nqualifications for certified first responders (which shall not exceed\\nfifty-one hours), emergency medical technicians and advanced emergency\\nmedical technicians in all phases of emergency medical technology\\nincluding but not limited to, communications, first aid, equipment,\\nmaintenance, emergency techniques and procedures, patient management and\\nknowledge of procedures and equipment for emergency medical care.\\n 8. The commissioner shall provide every certified ambulance service\\nand advanced life support first response service with an official\\ninsignia which may be attached to every vehicle owned or operated by a\\ncertified ambulance service or advanced life support first response\\nservice.\\n 9. The department shall provide the state council with such assistance\\nas the council may request in order to carry out its responsibilities as\\nset forth in subdivision two-a of section three thousand two of this\\narticle.\\n 10. The commissioner is hereby authorized and empowered to extend the\\ncertification for emergency medical technicians, advanced emergency\\nmedical technicians or certified first responders who have been ordered\\nto active military duty, other than for training, on or after the\\neleventh day of September, two thousand one and whose certification will\\nexpire during their military duty or within the six months immediately\\nfollowing separation from military service. The extended certification\\nshall be for the period of military duty and for twelve months after\\nthey have been released from active military duty.\\n 11. The commissioner, with the advice and consent of the state\\ncouncil, shall promulgate rules and regulations necessary to ensure\\ncompliance with the provisions of subdivision two of section sixty-seven\\nhundred thirteen of the education law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3012", "title" : "Enforcement", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3012", "activeDate" : "2014-09-22", "sequenceNo" : 1349, "repealedDate" : null, "fromSection" : "3012", "toSection" : "3012", "text" : " § 3012. Enforcement. 1. Any ambulance service or advanced life\\nsupport first response service certificate issued pursuant to section\\nthree thousand five of this article may be revoked, suspended, limited\\nor annulled by the department upon proof that the operator or\\ncertificate holder or one or more enrolled members or one or more\\npersons in his employ:\\n (a) has been guilty of misrepresentation in obtaining the certificate\\nor in the operation of the ambulance service or advanced life support\\nfirst response service; or\\n (b) has not been competent in the operation of the service or has\\nshown inability to provide adequate ambulance services or advanced life\\nsupport first response service; or\\n (c) has failed to pay the biennial certification fee as required\\nexcept in the case of any voluntary ambulance service or voluntary\\nadvanced life support first response service; or\\n (d) has failed to file any report required by the provisions of this\\narticle or the rules and regulations promulgated thereunder; or\\n (e) has violated or aided and abetted in the violation of any\\nprovision of this article, the rules and regulations promulgated or\\ncontinued thereunder, or the state sanitary code; or\\n (f) had discontinued operations for a period in excess of one month;\\nor\\n (g) a voluntary ambulance service or voluntary advanced life support\\nfirst response service has failed to meet the minimum staffing standard\\nand has not been issued an exemption, except that such certificate shall\\nnot be suspended or revoked unless the commissioner finds that an\\nadequate alternative service exists. The commissioner shall consider the\\nrecommendation of the regional emergency medical services council in\\nmaking a finding; or\\n (h) an ambulance service operating for profit has failed to meet the\\nminimum staffing standard; or\\n (i) has been convicted of a crime or pleaded nolo contendere to a\\nfelony charge involving murder, manslaughter, assault, sexual abuse,\\ntheft, robbery, fraud, embezzlement, drug abuse, or sale of drugs,\\nunless the commissioner finds that such conviction does not demonstrate\\na present risk or danger to patients or the public; or\\n (j) is or was subject to a state or federal administrative order\\nrelating to fraud or embezzlement, unless the commissioner finds that\\nsuch order does not demonstrate a present risk or danger to patients or\\nthe public.\\n 2. Proceedings under this section may be initiated by any person,\\ncorporation, association, or public officer, or by the department by the\\nfiling of written charges with the department. Whenever the department\\nseeks revocation or suspension of a certificate of an ambulance service\\nor an advanced life support first response service, a copy of the\\ncharges shall be referred to the appropriate regional council for review\\nand recommendation to the department prior to a hearing. Such\\nrecommendation shall include a determination as to whether the public\\nneed would be served by a revocation, suspension, annulment or\\nlimitation. If there is no appropriate regional council established, the\\nstate council shall make such determination and present to the\\ndepartment its recommendations.\\n 3. No certificate shall be revoked, suspended, limited or annulled\\nwithout a hearing. However, a certificate may be temporarily suspended\\nwithout a hearing and without the approval of the appropriate regional\\ncouncil or state council for a period not in excess of thirty days upon\\nnotice to the certificate holder following a finding by the department\\nthat the public health, safety or welfare is in imminent danger.\\n 4. The commissioner shall fix a time and place for the hearing. A copy\\nof the charges and the recommendations of the appropriate regional\\ncouncil or state council together with the notice of the time and place\\nof the hearing, shall be mailed to the certificate holder by registered\\nor certified mail, at the address specified on the certificate, at least\\nfifteen days before the date fixed for the hearing. The appropriate\\nregional council may be a party to such hearing. The certificate holder\\nmay file with the department, not less than five days prior to the\\nhearing, a written answer to the charges.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3013", "title" : "Immunity from liability", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3013", "activeDate" : "2014-09-22", "sequenceNo" : 1350, "repealedDate" : null, "fromSection" : "3013", "toSection" : "3013", "text" : " § 3013. Immunity from liability. 1. Notwithstanding any inconsistent\\nprovision of any general, special or local law, a voluntary ambulance\\nservice or voluntary advanced life support first response service\\ndescribed in section three thousand one of this article and any member\\nthereof who is a certified first responder, an emergency medical\\ntechnician, an advanced emergency medical technician or a person acting\\nunder the direction of an emergency medical technician or advanced\\nemergency medical technician and who voluntarily and without the\\nexpectation of monetary compensation renders medical assistance in an\\nemergency to a person who is unconscious, ill or injured shall not be\\nliable for damages for injuries alleged to have been sustained by such\\nperson or for damages for the death of such person alleged to have\\noccurred by reason of an act or omission in the rendering of such\\nmedical assistance in an emergency unless it is established that such\\ninjuries were or such death was caused by gross negligence on the part\\nof such certified first responder, emergency medical technician or\\nadvanced emergency medical technician or person acting under the\\ndirection of an emergency medical technician or advanced emergency\\nmedical technician.\\n 2. Nothing in this section shall be deemed to relieve any such\\nvoluntary ambulance service or voluntary advanced life support first\\nresponse service from liability for damages or injuries or death caused\\nby an act or omission on the part of any person other than a certified\\nfirst responder, an emergency medical technician, advanced emergency\\nmedical technician or person acting under the direction of an emergency\\nmedical technician or advanced emergency medical technician acting in\\nbehalf of the voluntary ambulance service or voluntary advanced life\\nsupport first response service.\\n 3. Nothing in this section shall be deemed to relieve or alter the\\nliability of any such voluntary ambulance service or members for damages\\nor injuries or death arising out of the operation of motor vehicles.\\n 4. A certified first responder, emergency medical technician or\\nadvanced emergency medical technician, whether or not he or she is\\nacting on behalf of an ambulance service or advanced life support first\\nresponse service, who voluntarily and without the expectation of\\nmonetary compensation renders medical assistance in an emergency to a\\nperson who is unconscious, ill or injured shall not be liable for\\ndamages alleged to have been sustained by such person or for damages for\\nthe death of such person alleged to have occurred by reason of an act or\\nomission in the rendering of such medical assistance in an emergency\\nunless it is established that such injuries were or such death was\\ncaused by gross negligence on the part of such certified first\\nresponder, emergency medical technician or advanced emergency medical\\ntechnician.\\n 5. Notwithstanding any inconsistent provision of any general, special\\nor local law, any physician who voluntarily and without the expectation\\nof monetary compensation provides indirect medical control, as defined\\nin paragraph (b) of subdivision fifteen of section three thousand one of\\nthis article, to a voluntary ambulance service or voluntary advanced\\nlife support first response service described in section three thousand\\none of this article shall not be liable for damages for injuries or\\ndeath alleged to have been sustained by any person as a result of such\\nmedical direction unless it is established that such injuries or death\\nwere caused by gross negligence on the part of such physician.\\n 6. The availability of an award or other benefit under article\\neleven-AA or article eleven-AAA of the general municipal law shall not\\nbe deemed monetary compensation for the purposes of this section.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3014", "title" : "Construction", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3014", "activeDate" : "2014-09-22", "sequenceNo" : 1351, "repealedDate" : null, "fromSection" : "3014", "toSection" : "3014", "text" : " § 3014. Construction. Notwithstanding any inconsistent provision of\\nany general, special or local law, the provisions of this article shall\\nbe deemed to apply to the city of New York.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3015", "title" : "Separability", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3015", "activeDate" : "2014-09-22", "sequenceNo" : 1352, "repealedDate" : null, "fromSection" : "3015", "toSection" : "3015", "text" : " § 3015. Separability. If any clause, sentence, paragraph, section or\\npart of this article shall be adjudged by any court of competent\\njurisdiction to be invalid, the judgment shall not affect, impair or\\ninvalidate the remainder thereof, but shall be confined in its operation\\nto the clause, sentence, paragraph, section or part of this article\\ndirectly involved in the controversy in which the judgment shall have\\nbeen rendered.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3016", "title" : "Continuance of rules and regulations", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3016", "activeDate" : "2014-09-22", "sequenceNo" : 1353, "repealedDate" : null, "fromSection" : "3016", "toSection" : "3016", "text" : " § 3016. Continuance of rules and regulations. All rules and\\nregulations heretofore adopted by the commissioner pertaining to all\\nambulance services shall continue in full force and effect as rules and\\nregulations until duly modified or superseded by rules and regulations\\nhereafter adopted and enacted by the state council pursuant to section\\nthree thousand two of this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3017", "title" : "Emergency medical service, Suffolk county", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3017", "activeDate" : "2014-09-22", "sequenceNo" : 1354, "repealedDate" : null, "fromSection" : "3017", "toSection" : "3017", "text" : " § 3017. Emergency medical service, Suffolk county. 1. No ambulance\\nservice or advanced life support first response service shall respond to\\nany call or request for emergency medical services within a town,\\nvillage or fire district in Suffolk county that currently provides\\nambulance service or advanced life support services first response\\nservice, if the municipality has designated one or more ambulance\\nservices or advanced life support first response services to respond to\\nsuch calls unless:\\n (a) the service is so designated;\\n (b) the response is in accordance with a mutual aid plan approved by\\nthe appropriate regional emergency medical service council;\\n (c) the response is to a verbal mutual aid request from a designated\\nservice;\\n (d) the service was specifically requested to respond by the patient\\nor someone acting on behalf of that patient; or\\n (e) the response site is a hospital licensed under article\\ntwenty-eight of this chapter for a transfer to another such facility.\\n 2. Every ambulance service or advanced life support first response\\nservice shall disclose as part of any solicitation or advertisement in\\nSuffolk county that there is a fee for services rendered, if in fact\\nthere is a fee charged for the performance of such service.\\n 3. Every ambulance service or advanced life support first response\\nservice that operates in Suffolk county and has vehicles which travel\\nthrough communities with designated ambulance service or advanced life\\nsupport first response service shall require its drivers and emergency\\nmedical technicians:\\n (a) to immediately notify a central alarm or other publicly operated\\ndispatch entity, or a person designated under section two hundred nine-b\\nof the general municipal law to receive calls for emergency services for\\nthe purpose of dispatching emergency medical services whenever an\\nemergency is found in a public place;\\n (b) to evaluate the need to transport any patient found in extremis to\\na hospital; and\\n (c) to comply with appropriate instructions from the dispatch entity.\\nThe dispatch entity, when appropriate, may instruct the service to\\ntransport any patient to an appropriate hospital.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3030", "title" : "Advanced life support services", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3030", "activeDate" : "2014-09-22", "sequenceNo" : 1355, "repealedDate" : null, "fromSection" : "3030", "toSection" : "3030", "text" : " § 3030. Advanced life support services. Advanced life support\\nservices provided by an advanced emergency medical technician, shall be\\n(1) provided under the direction of qualified medical and health\\npersonnel utilizing patient information and data transmitted by voice or\\ntelemetry, (2) limited to the category or categories in which the\\nadvanced emergency medical technician is certified pursuant to this\\narticle, and (3) recorded for each patient, on an individual\\ntreatment-management record.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3031", "title" : "Advanced life support system", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3031", "activeDate" : "2014-09-22", "sequenceNo" : 1356, "repealedDate" : null, "fromSection" : "3031", "toSection" : "3031", "text" : " § 3031. Advanced life support system. Advanced life support system\\nmust (1) be under the overall supervision and direction of a qualified\\nphysician with respect to the advanced life support services provided,\\n(2) be staffed by qualified medical and health personnel, (3) utilize\\nadvanced emergency medical technicians whose certification is\\nappropriate to the advanced life support services provided, (4) utilize\\nadvanced support mobile units appropriate to the advanced life support\\nservices provided, (5) maintain a treatment-management record for each\\npatient receiving advanced life support services, and (6) be integrated\\nwith a hospital emergency, intensive care, coronary care or other\\nappropriate service.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3032", "title" : "Rules and regulations", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2023-05-12", "2023-06-23" ], "docLevelId" : "3032", "activeDate" : "2014-09-22", "sequenceNo" : 1357, "repealedDate" : null, "fromSection" : "3032", "toSection" : "3032", "text" : " § 3032. Rules and regulations. The state council, with the approval\\nof the commissioner, shall promulgate rules and regulations to\\neffectuate the purposes of sections three thousand thirty and three\\nthousand thirty-one of this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 29 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A30-A", "title" : "Emergency Medical Services Personnel Training Act of Nineteen Hundred Eighty-six", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22", "2018-04-20" ], "docLevelId" : "30-A", "activeDate" : "2018-04-20", "sequenceNo" : 1358, "repealedDate" : null, "fromSection" : "3050", "toSection" : "3054", "text" : " ARTICLE 30-A\\n EMERGENCY MEDICAL SERVICES PERSONNEL TRAINING ACT OF\\n NINETEEN HUNDRED EIGHTY-SIX\\nSection 3050. Short title.\\n 3051. Declaration of purpose.\\n 3052. Establishment of a training program for emergency medical\\n services personnel.\\n 3053. Reporting.\\n 3054. Emergency situations involving individuals with autism\\n spectrum disorder and other developmental disabilities.\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3050", "title" : "Short title", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3050", "activeDate" : "2014-09-22", "sequenceNo" : 1359, "repealedDate" : null, "fromSection" : "3050", "toSection" : "3050", "text" : " § 3050. Short title. This article shall be known and may be cited as\\nthe \"emergency medical services personnel training act of nineteen\\nhundred eighty-six\".\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3051", "title" : "Declaration of purpose", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3051", "activeDate" : "2014-09-22", "sequenceNo" : 1360, "repealedDate" : null, "fromSection" : "3051", "toSection" : "3051", "text" : " § 3051. Declaration of purpose. Emergency medical services provided\\nto those suffering from sudden illness or injury have potential to\\nreduce the incidence of disability and death and are therefore,\\ninvaluable. A training program of high quality is the key to assuring\\nthat emergency medical services personnel have the knowledge and skills\\nto care for acutely ill and injured patients in a manner which will\\nprevent further illness and injury. There is therefore a need to provide\\nflexible, diverse and high quality training opportunities which are\\nreasonably available, particularly to volunteers who devote considerable\\ntime, effort, and often personal resources, to improve or retain their\\nknowledge and skills. The state has a responsibility to support and\\nfurther the work of those who provide emergency medical care by\\nproviding needed instructional resources.\\n The purpose of this article is to expand and improve training\\nopportunities for emergency medical service personnel, thereby\\nbenefiting all the residents of New York state who rely on the services\\nof these personnel.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3052", "title" : "Establishment of a training program for emergency medical services personnel", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3052", "activeDate" : "2014-09-22", "sequenceNo" : 1361, "repealedDate" : null, "fromSection" : "3052", "toSection" : "3052", "text" : " § 3052. Establishment of a training program for emergency medical\\nservices personnel. 1. There is hereby established a training program\\nfor emergency medical services personnel including, but not limited to,\\nfirst responders, emergency medical technicians, advanced emergency\\nmedical technicians and emergency vehicle operators.\\n 2. The commissioner shall provide state aid within the amount\\nappropriated to entities such as local governments, regional emergency\\nmedical services councils, and voluntary agencies and organizations to\\nconduct training courses for emergency medical services personnel and to\\nconduct practical examinations for certification of such personnel. The\\ncommissioner shall establish a schedule for determining the amount of\\nstate aid provided pursuant to this section.\\n a. Such schedule may include varying rates for distinct geographic\\nareas of the state and for various course sizes, giving special\\nconsideration to areas with the most need for additional emergency\\nmedical technicians. In determining the need for additional emergency\\nmedical technicians, the commissioner shall use measurements such as the\\naverage number of emergency medical technicians per ambulance service,\\nthe ratio of emergency medical technicians per square mile, the average\\nnumber of calls per service and the percentage of calls to which an\\nemergency medical technician has responded, provided such data is\\navailable to the commissioner.\\n b. Such schedule shall provide sufficient reimbursement to permit\\nsponsors to offer basic emergency medical technician courses which\\nadhere to curricula approved by the New York state emergency medical\\nservices council and the commissioner without the need to charge tuition\\nto participants.\\n 3. Upon request, the commissioner shall provide management advice and\\ntechnical assistance to regional emergency medical services councils,\\ncounty emergency medical services coordinators, and course sponsors and\\ninstructors to stimulate the improvement of training courses and the\\nprovision of courses in a manner which encourages participation. Such\\nadvice and technical assistance may relate to, but need not be limited\\nto the location, scheduling and structure of courses.\\n 4. The department is authorized, either directly or through\\ncontractual arrangement, to develop and distribute training materials\\nfor use by course instructors and sponsors, to recruit additional\\ninstructors and sponsors and to provide training courses for\\ninstructors.\\n 5. The commissioner shall conduct a public service campaign to recruit\\nadditional volunteers to join ambulance services targeted to areas in\\nneed for additional emergency medical technicians.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3053", "title" : "Reporting", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3053", "activeDate" : "2014-09-22", "sequenceNo" : 1362, "repealedDate" : null, "fromSection" : "3053", "toSection" : "3053", "text" : " § 3053. Reporting. Advanced life support first response services and\\nambulance services registered or certified pursuant to article thirty of\\nthis chapter shall submit detailed individual call reports on a form to\\nbe provided by the department, or may submit data electronically in a\\nformat approved by the department. The state emergency medical services\\ncouncil, with the approval of the commissioner, may adopt rules and\\nregulations permitting or requiring ambulance services whose volume\\nexceeds twenty thousand calls per year to submit call report data\\nelectronically. Such rules shall define the data elements to be\\nsubmitted, and may include requirements that assure availability of data\\nto the regional emergency medical advisory committee.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3054", "title" : "Emergency situations involving individuals with autism spectrum disorder and other developmental disabilities", "docType" : "SECTION", "publishedDates" : [ "2018-04-20", "2018-10-12" ], "docLevelId" : "3054", "activeDate" : "2018-10-12", "sequenceNo" : 1363, "repealedDate" : null, "fromSection" : "3054", "toSection" : "3054", "text" : " § 3054. Emergency situations involving individuals with autism\\nspectrum disorder and other developmental disabilities. In coordination\\nwith the commissioner of the office for people with developmental\\ndisabilities, the commissioner shall provide the training program\\nrelating to handling emergency situations involving individuals with\\nautism spectrum disorder and other developmental disabilities and\\nassociated training materials pursuant to section 13.43 of the mental\\nhygiene law to all emergency medical services personnel including, but\\nnot limited to, first responders, emergency medical technicians,\\nadvanced emergency medical technicians and emergency vehicle operators.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 5 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A30-B", "title" : "Emergency Medical, Trauma and Disaster Care", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "30-B", "activeDate" : "2014-09-22", "sequenceNo" : 1364, "repealedDate" : null, "fromSection" : "3060", "toSection" : "3066", "text" : " ARTICLE 30-B\\n EMERGENCY MEDICAL, TRAUMA AND DISASTER CARE\\nSection 3060. Short title.\\n 3061. Declaration of purpose.\\n 3062. Definitions.\\n 3063. State emergency medical advisory committee.\\n 3064. State trauma advisory committee.\\n 3065. Regional trauma advisory committees.\\n 3066. Powers and duties of the department.\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3060", "title" : "Short title", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3060", "activeDate" : "2014-09-22", "sequenceNo" : 1365, "repealedDate" : null, "fromSection" : "3060", "toSection" : "3060", "text" : " § 3060. Short title. This article shall be known and may be cited as\\nthe \"emergency medical, trauma care, and disaster preparedness act\".\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3061", "title" : "Declaration of purpose", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3061", "activeDate" : "2014-09-22", "sequenceNo" : 1366, "repealedDate" : null, "fromSection" : "3061", "toSection" : "3061", "text" : " § 3061. Declaration of purpose. Trauma is the leading cause of death\\nand disability during the first four decades of life. In the aftermath\\nof the events of September eleventh, two thousand one, the medical\\nresponse to natural and man-made disasters is also recognized as a\\npublic concern of the highest order. The furnishing of emergency\\nmedical, trauma, and disaster care is therefore a matter of vital\\nconcern affecting the public health, safety and welfare. Emergency\\nmedical, trauma, and disaster care, the planning and coordination of\\nsuch care between prehospital and inhospital personnel and collaborating\\npublic health, safety, and welfare officials, the quality management and\\nreview of such care, and the development and maintenance of a statewide\\nsystem for interfacility transfer, including but not limited to\\naeromedical transport, of critically ill or injured patients between\\ngeneral hospitals and other health care facilities, are essential public\\nhealth services. It is the purpose of this article to promote the public\\nhealth, safety and welfare by providing for development and maintenance\\nof systems for emergency medical, trauma, and disaster care, and for\\nexpeditious transfer of patients in need of such care to facilities\\nappropriately staffed and equipped to provide this care in a timely and\\neffective manner.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3062", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3062", "activeDate" : "2014-09-22", "sequenceNo" : 1367, "repealedDate" : null, "fromSection" : "3062", "toSection" : "3062", "text" : " § 3062. Definitions. As used in this article:\\n 1. \"Emergency medical care\" means the initial management, treatment,\\nand transfer of suddenly ill or injured patients.\\n 2. \"Trauma care\" means health care provided to patients at high risk\\nof death or disability from multiple and severe injuries.\\n 3. \"Emergency patient\" means any patient making an unscheduled visit\\nto a hospital emergency facility for emergency medical care.\\n 4. \"Emergency department\" means a hospital department consisting of\\nstaff, facilities, and resources to provide emergency medical care for\\nlarge numbers of emergency patients.\\n 5. \"Emergency service\" means a hospital department consisting of\\nstaff, facilities, and resources to provide emergency medical care for\\nsmall numbers of emergency patients.\\n 6. \"Emergency physician\" means a staff physician providing emergency\\nmedical care in an emergency department or emergency service.\\n 7. \"Emergency nurse\" means a staff nurse providing nursing services in\\nan emergency department or emergency service.\\n 8. \"Trauma patient\" means a patient at high risk of death or\\ndisability from multiple and severe injuries.\\n 9. \"Trauma system\" means an organized health care system to provide\\ntrauma care in, or en route to, from, or between general hospitals or\\nother health care facilities.\\n 10. \"Trauma center\" means a facility capable of providing definitive\\ntrauma care.\\n 11. \"Trauma station\" means a facility capable of providing\\nsustentative trauma care followed by expeditious transfer to a trauma\\ncenter.\\n 12. \"Trauma surgeon\" means a staff surgeon providing trauma care in a\\ntrauma center or trauma station or during aeromedical transport.\\n 13. \"Trauma nurse\" means a staff nurse providing nursing services in a\\ntrauma center or trauma station, or during aeromedical transport.\\n 14. \"Prehospital transport\" means emergency ambulance transport from\\nthe scene of a sudden illness or injury requiring emergency medical care\\nor trauma care to a general hospital or other health care facility,\\nconducted in accordance with article thirty of this chapter.\\n 15. \"Interfacility transfer\" means emergency ambulance transport from,\\nto, or between general hospitals or other health care facilities,\\nconducted in accordance with article thirty of this chapter.\\n 16. \"Aeromedical transport\" means prehospital transport or\\ninterfacility transfer conducted in rotary wing or fixed wing aircraft.\\n 17. \"Transport system\" means an organized health care and\\ntransportation system to provide prehospital transport and interfacility\\ntransfer to critically ill or injured patients.\\n 18. \"Critically ill or injured\" means at high risk of dying from\\nillnesses or injuries.\\n 19. \"Disaster preparedness\" means the state of readiness necessary to\\nrespond to natural or man-made disasters, including but not limited to\\nbiologic, nuclear, incendiary, chemical, and explosive disasters.\\n 20. \"Interoperability\" means the capacity of all emergency medical,\\ntrauma care, and disaster preparedness response systems to collaborate\\nand communicate during an emergency, trauma, or disaster response.\\n 21. \"State hospital review and planning council\" means the state\\nhospital review and planning council established by section twenty-nine\\nhundred four of this chapter.\\n 22. \"State emergency medical services council\" means the state\\nemergency medical services council established by section three thousand\\ntwo of this chapter.\\n 23. \"State emergency medical advisory committee\" means the state\\nemergency medical advisory committee established by section three\\nthousand two-a of this chapter.\\n 24. \"State trauma advisory committee\" means the state trauma advisory\\ncommittee continued by this article.\\n 25. \"Regional emergency medical services council\" means a regional\\nemergency medical services council established by section three thousand\\nthree of this chapter.\\n 26. \"Regional emergency medical advisory committee\" means a regional\\nemergency medical advisory committee established by section three\\nthousand four-a of this chapter.\\n 27. \"Regional trauma advisory committee\" means a regional trauma\\nadvisory committee continued or established by this article.\\n 28. \"Regional trauma program agency\" means an entity that may be\\ncontracted by the department to assist the department in providing the\\nways and means necessary for a regional trauma advisory committee to\\nperform the duties specified under this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3063", "title" : "State emergency medical advisory committee", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3063", "activeDate" : "2014-09-22", "sequenceNo" : 1368, "repealedDate" : null, "fromSection" : "3063", "toSection" : "3063", "text" : " § 3063. State emergency medical advisory committee. 1. The state\\nemergency medical advisory committee, in addition to the powers and\\nresponsibilities described in section three thousand two-a of this\\nchapter, shall advise the department and the commissioner regarding\\nemergency medical care, and assist the department and the commissioner\\nin the development, periodic revision, and application of\\nappropriateness review standards and quality improvement guidelines for\\nemergency medical care, emergency departments and emergency services,\\nunder articles twenty-eight and thirty of this chapter.\\n 2. The commissioner shall designate an officer or employee of the\\ndepartment to assist the state emergency medical advisory committee in\\nthe performance of its duties under this section.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3064", "title" : "State trauma advisory committee", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3064", "activeDate" : "2014-09-22", "sequenceNo" : 1369, "repealedDate" : null, "fromSection" : "3064", "toSection" : "3064", "text" : " § 3064. State trauma advisory committee. 1. There is hereby continued\\nin the department the state trauma advisory committee. It shall consist\\nof trauma surgeons, trauma nurses, emergency physicians, emergency\\nnurses, and other emergency medical and trauma care professionals\\nappointed by the commissioner. It shall be representative of each\\ngeographic area of the state and those medical and nursing specialties\\nand subspecialties regularly involved in trauma care. It shall advise\\nthe department and the commissioner regarding trauma and disaster care\\nwithin the state, and assist the department and the commissioner in the\\ncoordination of trauma and disaster care, including but not limited to,\\nthe development, periodic revision, and application of statewide\\nappropriateness review standards, quality improvement guidelines for\\ntrauma and disaster care, trauma systems, trauma centers and trauma\\nstations, in a manner consistent with the intent and provisions of\\nsections twenty-eight hundred five-j and three thousand two-a of this\\nchapter, and similar advisory guidelines for trauma and disaster care\\nwith the consent of the commissioner, which shall not have the force and\\neffect of law unless adopted as rules and regulations by the state\\nhospital review and planning council, subject to approval by the\\ncommissioner. The commissioner shall appoint a physician to chair the\\ncommittee.\\n 2. The state trauma advisory committee shall continue to meet as\\nfrequently as its business may require. The members of the state trauma\\nadvisory committee shall receive no compensation for their services as\\nmembers, but each shall be allowed the necessary and actual expenses\\nincurred in the performance of his or her duties under this section.\\n 3. The commissioner shall designate an officer or employee of the\\ndepartment to assist the state trauma advisory committee in the\\nperformance of its duties under this section.\\n 4. In no event shall any member, officer, or employee of the state\\ntrauma advisory committee be liable for damages in any civil action for\\nany act done, failure to act, or statement or opinion made, while\\ndischarging his or her duties as a member, officer, or employee of the\\nstate trauma advisory committee if he or she shall have acted in good\\nfaith, with reasonable care.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3065", "title" : "Regional trauma advisory committees", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3065", "activeDate" : "2014-09-22", "sequenceNo" : 1370, "repealedDate" : null, "fromSection" : "3065", "toSection" : "3065", "text" : " § 3065. Regional trauma advisory committees. 1. There are hereby\\ncontinued or established in the department regional trauma advisory\\ncommittees in each geographic area of the state. They shall consist of\\ntrauma surgeons, trauma nurses, emergency physicians, emergency nurses,\\nand other emergency and trauma care professionals from trauma centers,\\nemergency departments, and emergency services designated by the\\ndepartment within each region. They shall be representative of the\\ncommunities and health care facilities within the region and those\\nmedical and nursing specialties and subspecialities regularly involved\\nin trauma care. They shall advise the state trauma advisory committee,\\nthe department, and the commissioner regarding trauma and disaster care\\nwithin each region, and assist the state trauma advisory committee, the\\ndepartment, and the commissioner with the coordination of trauma and\\ndisaster care within each region, including, but not limited to, the\\nimplementation of statewide quality improvement guidelines for trauma\\nand disaster care, trauma systems, trauma centers, and trauma stations\\nwithin each region, in a manner consistent with the intent and\\nprovisions of sections twenty-eight hundred five-j and three thousand\\nfour-a of this chapter. The state trauma advisory committee shall\\nauthorize the bylaws of each regional trauma advisory committee, subject\\nto approval by the commissioner.\\n 2. The regional trauma advisory committees shall continue to meet as\\nfrequently as their business may require. The members of the regional\\ntrauma advisory committees shall receive no compensation for their\\nservices as members.\\n 3. The department shall determine the ways and means necessary to\\nassist the regional trauma advisory committees in performing the duties\\nspecified under this section, and may contract with regional trauma\\nprogram agencies to provide such assistance.\\n 4. In no event shall any member, officer, or employee of the state\\ntrauma advisory committee be liable for damages in any civil action for\\nany act done, failure to act, or statement of opinion made, while\\ndischarging his or her duties as a member, officer, or employee of the\\nregional trauma advisory committee if he or she shall have acted in good\\nfaith, with reasonable care.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3066", "title" : "Powers and duties of the department", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3066", "activeDate" : "2014-09-22", "sequenceNo" : 1371, "repealedDate" : null, "fromSection" : "3066", "toSection" : "3066", "text" : " § 3066. Powers and duties of the department. 1. The department shall\\ncontinue facilitation, development, and periodic revision of\\nappropriateness review standards for emergency medical and trauma care,\\nincluding appropriateness review standards for emergency departments and\\nservices and trauma centers and stations under article twenty-eight of\\nthis chapter, by the state emergency medical advisory committee or the\\nstate trauma advisory committee, as appropriate, for adoption by the\\nstate hospital review and planning council, subject to approval by the\\ncommissioner.\\n 2. The department shall continue the categorization of general\\nhospitals and other health care facilities for emergency medical care\\nand trauma care under article twenty-eight of this chapter, and the\\ndesignation of emergency facilities in general hospitals and other\\nhealth care facilities, as emergency departments or emergency services\\nappropriate for emergency medical care and general hospitals and other\\nhealth care facilities as trauma centers or trauma stations appropriate\\nfor trauma care, based upon such categorization, after appropriate\\non-site verification.\\n 3. The department shall continue development and maintenance of\\nstatewide and regional quality improvement programs for trauma and\\ndisaster care in a manner consistent with the intent and provisions of\\nsections twenty-eight hundred five-j, three thousand two-a and three\\nthousand four-a of this chapter, incorporating quality improvement\\nprograms for all components of the trauma system involved in trauma care\\nincluding, but not limited to fully integrated statewide and regionwide\\ntrauma registries, and the ways and means to support them.\\n 4. The department shall develop and periodically revise a\\ncomprehensive emergency medical and trauma care plan with the advice of\\nthe state emergency medical services council, the state emergency\\nmedical advisory committee and the state trauma advisory committee,\\nincorporating injury control programs and ongoing quality assurance\\nmeasures for all components of the trauma system involved in trauma\\ncare.\\n 5. The department shall develop and periodically revise medical and\\noperational guidelines for a fully integrated statewide transport\\nsystem, with the advice of the state emergency medical services council,\\nthe state emergency medical advisory committee and the state trauma\\nadvisory committee subject to approval by the commissioner, and shall\\ndevelop and maintain a statewide system for coordination of\\ninterfacility transfers.\\n 6. The department shall develop and periodically revise medical and\\noperational guidelines for a fully integrated statewide medical disaster\\npreparedness response, with the advice of the state emergency medical\\nservices council, the state emergency medical advisory committee, and\\nthe state trauma advisory committee, subject to approval by the\\ncommissioner, and shall develop and maintain a statewide system for\\ncoordination of medical disaster preparedness and trauma system\\nplanning.\\n 7. The department shall facilitate the coordination and implementation\\nof regional emergency medical system, trauma system, and medical\\ndisaster preparedness response plans, with the advice of the regional\\nemergency medical services councils, the regional emergency medical\\nadvisory committees, and the regional trauma advisory committees, and\\nshall promote full interoperability of all response and communications\\nsystems.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 7 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A30-C", "title" : "Emergency Medical Services For Children", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "30-C", "activeDate" : "2014-09-22", "sequenceNo" : 1372, "repealedDate" : null, "fromSection" : "3070", "toSection" : "3075", "text" : " ARTICLE 30-C\\n EMERGENCY MEDICAL SERVICES FOR CHILDREN\\nSection 3070. Short title.\\n 3071. Declaration of purpose.\\n 3072. Description.\\n 3073. Definitions.\\n 3074. State emergency medical services for children advisory\\n committee.\\n 3075. Powers and duties of the department.\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3070", "title" : "Short title", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3070", "activeDate" : "2014-09-22", "sequenceNo" : 1373, "repealedDate" : null, "fromSection" : "3070", "toSection" : "3070", "text" : " § 3070. Short title. This act shall be known and may be cited as the\\n\"emergency medical services for children act\".\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3071", "title" : "Declaration of purpose", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3071", "activeDate" : "2014-09-22", "sequenceNo" : 1374, "repealedDate" : null, "fromSection" : "3071", "toSection" : "3071", "text" : " § 3071. Declaration of purpose. Sudden illness and injury in children\\nwithin the state of New York are responsible for five percent of all\\nambulance calls in children under ten years of age, ten percent of all\\nambulance calls in children under eighteen years of age, twenty-five\\npercent of emergency department visits in urban areas, and forty percent\\nof emergency department visits in rural areas. More than fifty percent\\nof all such emergencies are caused by traumatic injuries, which alone\\nare responsible for more than half of all childhood deaths within the\\nstate of New York regardless of cause. The provision of timely and\\neffective emergency medical services for children, including pediatric\\nemergency medical, trauma, and disaster care, are therefore public\\nhealth priorities of the highest order. It is the purpose and intent of\\nthis article to ensure that such services are immediately available to\\nall children within the state of New York.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3072", "title" : "Description", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3072", "activeDate" : "2014-09-22", "sequenceNo" : 1375, "repealedDate" : null, "fromSection" : "3072", "toSection" : "3072", "text" : " § 3072. Description. Emergency medical services for children is a\\nsystem for the immediate recognition and management of sudden illness\\nand injury in children that embraces the continuum of pediatric\\nemergency medical, trauma, and disaster care, from prevention through\\nrehabilitation, and addresses emergency medical dispatch, prehospital\\nemergency care, inhospital emergency care, and primary, secondary, and\\ntertiary health care, in support of pediatric care provided within the\\nchild's medical home. It is not separate from, but fully integrated\\nwith, the emergency medical services system at all levels of emergency\\nmedical services system organization, in the community, in the region,\\nand in the state.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3073", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3073", "activeDate" : "2014-09-22", "sequenceNo" : 1376, "repealedDate" : null, "fromSection" : "3073", "toSection" : "3073", "text" : " § 3073. Definitions. As used in this article:\\n 1. \"State emergency medical services for children advisory committee\"\\nmeans the state emergency medical services for children advisory\\ncommittee continued under this article.\\n 2. \"State emergency medical services council\" means the state\\nemergency medical services council established under article thirty of\\nthis chapter.\\n 3. \"State emergency medical advisory committee\" means the state\\nemergency medical advisory committee established under article thirty of\\nthis chapter.\\n 4. \"State trauma advisory committee\" means the state trauma advisory\\ncommittee continued under article thirty-B of this chapter.\\n 5. \"Pediatric care\" means medical care provided to neonates, infants,\\ntoddlers, preschoolers, school agers, and adolescents.\\n 6. \"Medical home\" means an organized system of medical care for an\\nindividual patient that embraces all of the patient's potential medical\\nneeds, including primary, secondary, and tertiary health care as well as\\nemergency care.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3074", "title" : "State emergency medical services for children advisory committee", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3074", "activeDate" : "2014-09-22", "sequenceNo" : 1377, "repealedDate" : null, "fromSection" : "3074", "toSection" : "3074", "text" : " § 3074. State emergency medical services for children advisory\\ncommittee. 1. There is hereby continued in the department the state\\nemergency medical services for children advisory committee. It shall\\nconsist of child health professionals and child health advocates\\nrepresentative of all geographic areas of the state and of those\\noccupations regularly involved in the care of children with emergency\\nhealth care needs. Its members shall include, but not necessarily be\\nlimited to, a pediatric emergency medicine physician and nurse, a\\npediatric critical care physician and nurse, a pediatric surgeon, a\\npediatric physiatrist, a pediatric primary care physician, an emergency\\nmedicine physician, a pediatric emergency medical services physician, a\\npediatric toxicologist physician, a prehospital care provider, a school\\nnurse, a hospital administrator, the parent of a previously ill or\\ninjured child, and the parent of a child with special health care needs,\\nappointed by the commissioner upon recommendation of the appropriate\\nstatewide professional or parental organizations for terms of four\\nyears, which may be renewed. It shall advise the department, the\\ncommissioner, the state emergency medical services council, the state\\nemergency medical advisory committee, and the state trauma advisory\\ncommittee regarding all aspects of emergency medical services for\\nchildren, including, but not necessarily limited to, pediatric emergency\\nmedical, trauma, and disaster care, and the early care of maltreated\\nchildren and children with special health care needs. The state\\nemergency medical services director, the state emergency medical\\nservices medical director, the state emergency medical services for\\nchildren program director, the state emergency medical services for\\nchildren program coordinator, the state trauma medical director, the\\nstate trauma program manager, the governor's highway traffic safety\\nadministrator, and the state emergency medical services for children\\ndata manager, shall also serve as nonvoting members ex officio. The\\ncommissioner shall appoint a physician to chair the committee.\\n 2. The state emergency medical services for children advisory\\ncommittee shall meet as frequently as its business may require, but\\nordinarily no less than quarterly. The members of the state emergency\\nmedical services for children advisory committee shall receive no\\ncompensation for their services as members, but each shall be allowed\\nthe necessary and actual expenses incurred in the performance of his or\\nher duties under this section.\\n 3. The commissioner shall designate an officer or employee of the\\ndepartment to assist the state emergency medical services for children\\nadvisory committee in the performance of its duties under this section,\\nto coordinate the activities of the state emergency medical services for\\nchildren program and to facilitate communication with the state\\nemergency medical services council, the state emergency medical advisory\\ncommittee, and the state trauma advisory committee.\\n 4. In no event shall any member, officer, or employee of the state\\nemergency medical services for children advisory committee be liable for\\ndamages in any civil action for any act done, failure to act, or\\nstatement or opinion made, while discharging his or her duties as a\\nmember, officer, or employee of the state emergency medical services for\\nchildren advisory committee if he or she shall have acted in good faith,\\nwith reasonable care.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3075", "title" : "Powers and duties of the department", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3075", "activeDate" : "2014-09-22", "sequenceNo" : 1378, "repealedDate" : null, "fromSection" : "3075", "toSection" : "3075", "text" : " § 3075. Powers and duties of the department. 1. The department shall\\ndevelop and maintain, with the advice of the state emergency medical\\nservices for children advisory committee, the state emergency medical\\nservices council, the state emergency medical advisory committee, and\\nthe state trauma advisory committee, a statewide system for recognition\\nof facilities able to provide sustentative or definitive specialty\\npediatric emergency medical and trauma care for sudden childhood illness\\nand injury and for preferential transport of suddenly ill or injured\\nchildren to such facilities, and shall promote the use of such\\nfacilities in accordance with written protocols or transfer agreements\\nas appropriate.\\n 2. The department shall develop and maintain, with the advice of the\\nstate emergency medical services for children advisory committee, the\\nstate emergency medical services council, the state emergency medical\\nadvisory committee, and the state trauma advisory committee, a statewide\\nsystem for provision of prehospital medical oversight, including direct\\nand indirect medical control, for pediatric emergencies.\\n 3. The department shall develop, maintain, and offer, with the advice\\nof the state emergency medical services for children advisory committee,\\nthe state emergency medical services council, the state emergency\\nmedical advisory committee, and the state trauma advisory committee,\\nstatewide educational programs for initial and continuing education in\\npediatric prehospital basic and advanced life support, including child\\nmaltreatment recognition and management, consistent with those of\\nnational professional organizations concerned with child health and\\nemergency care.\\n 4. The department shall develop, maintain, and adopt, with the advice\\nof the state emergency medical services for children advisory committee,\\nthe state emergency medical services council, the state emergency\\nmedical advisory committee, and the state trauma advisory committee,\\nstatewide equipment guidelines for basic and advanced life support of\\npediatric emergencies, consistent with those of national professional\\norganizations concerned with child health and emergency care.\\n 5. The department shall ensure that all other aspects of emergency\\nmedical services for children are also properly integrated with all\\nother emergency medical services, trauma care, and disaster preparedness\\nprograms, with the advice of the state emergency medical services for\\nchildren advisory committee, and shall facilitate timely communication\\namong the state emergency medical services for children advisory\\ncommittee, the state emergency medical services council, the state\\nemergency medical advisory committee, and the state trauma advisory\\ncommittee as appropriate.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 6 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A31", "title" : "Human Blood and Transfusion Services", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "31", "activeDate" : "2014-09-22", "sequenceNo" : 1379, "repealedDate" : null, "fromSection" : "3100", "toSection" : "3124", "text" : " ARTICLE 31\\n HUMAN BLOOD AND TRANSFUSION SERVICES\\nTitle I. General provisions (Sec. 3100).\\n II. Regulation of the business of blood donating (Secs.\\n 3120-3122).\\n III. Blood donors of the age of eighteen years or over (Secs.\\n 3123-3124).\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A31T1", "title" : "General Provisions", "docType" : "TITLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1", "activeDate" : "2014-09-22", "sequenceNo" : 1380, "repealedDate" : null, "fromSection" : "3100", "toSection" : "3100", "text" : " TITLE I\\n GENERAL PROVISIONS\\nSection 3100. Human blood and its derivatives; collection, processing,\\n storage and distribution; general powers of\\n commissioner.\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3100", "title" : "Human blood and its derivatives; collection, processing, storage and distribution; general powers of commissioner", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3100", "activeDate" : "2014-09-22", "sequenceNo" : 1381, "repealedDate" : null, "fromSection" : "3100", "toSection" : "3100", "text" : " § 3100. Human blood and its derivatives; collection, processing,\\nstorage and distribution; general powers of commissioner. 1. The\\ncommissioner is hereby authorized:\\n (a) to establish, equip, maintain and conduct a suitable program to\\ncollect, process, store and distribute human blood, and the various\\nhuman blood derivatives including special therapeutic and diagnostic\\nserums, which are deemed of value in the treatment of sick and injured\\npersons, and the prevention of certain diseases;\\n (b) to carry out such educational and research activities as he may\\ndeem necessary in connection with said program; and\\n (c) to establish necessary rules and regulations to effect the purpose\\nof this article.\\n 2. The commissioner may conduct such program solely as a state\\nactivity, or in cooperation with such institutions, hospitals or\\nmunicipal corporations as he may select, on such terms as may be agreed\\nupon.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 1 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A31T2", "title" : "Regulation of the Business of Blood Donating", "docType" : "TITLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2", "activeDate" : "2014-09-22", "sequenceNo" : 1382, "repealedDate" : null, "fromSection" : "3120", "toSection" : "3122", "text" : " TITLE II\\n REGULATION OF THE BUSINESS OF BLOOD DONATING\\nSection 3120. Blood collection; permit required; procedure.\\n 3121. Council on human blood and transfusion services.\\n 3122. Blood donating; violations; penalties.\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3120", "title" : "Blood collection; permit required; procedure", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3120", "activeDate" : "2014-09-22", "sequenceNo" : 1383, "repealedDate" : null, "fromSection" : "3120", "toSection" : "3120", "text" : " § 3120. Blood collection; permit required; procedure.\\n No person, firm or corporation shall collect human blood for the\\npurpose of transfusion into another human being unless a permit has been\\nissued pursuant to the provisions of title five of article five of this\\nchapter.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3121", "title" : "Council on human blood and transfusion services", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3121", "activeDate" : "2014-09-22", "sequenceNo" : 1384, "repealedDate" : null, "fromSection" : "3121", "toSection" : "3121", "text" : " § 3121. Council on human blood and transfusion services. 1. There is\\nhereby created in the department a council on human blood and\\ntransfusion services, hereinafter known as the \"council,\" to consist of\\nthe commissioner and eight other members appointed by the governor, with\\nthe advice and consent of the senate, one of whom shall be a\\nrepresentative of the public. The remaining appointive members shall\\nhave had experience or training having rendered them knowledgeable in\\nthe various aspects of blood banking services, and may include but shall\\nnot be limited to, representatives of voluntary and commercial blood\\nbanks, representatives of hospitals, and physicians. The governor shall\\ndesignate one member to serve as chairman.\\n 2. The term of office of each appointive member of the council shall\\nbe for three years, provided, however, that of the members first\\nappointed, three shall be appointed for terms which shall expire on\\nDecember thirty-first, nineteen hundred seventy-four, three for terms\\nwhich shall expire on December thirty-first, nineteen hundred\\nseventy-five and two shall be appointed for terms which shall expire on\\nDecember thirty-first, nineteen hundred seventy-six. Vacancies shall be\\nfilled by appointment for the unexpired term. The appointive members\\nshall continue in office until the expiration of their terms and until\\ntheir successors are appointed and have qualified.\\n 3. The council shall meet as frequently as its business may require.\\nThe members of the council shall receive no compensation for their\\nservices as members of the council, but each of them shall be allowed\\nthe necessary and actual expenses which he shall incur in the\\nperformance of his duties under this section.\\n 4. The commissioner, upon request of the council, shall designate an\\nofficer or employee of the department to act as secretary of the\\ncouncil, and shall assign from time to time such other employees as the\\ncouncil may require.\\n 5. The council shall have power by the affirmative vote of a majority\\nof its members to enact, and from time to time, amend and repeal, rules\\nand regulations establishing minimum standards for the proper\\ncollection, processing, fractionation, storage, distribution, and supply\\nof human blood or blood derivatives, for the purpose of transfusions,\\nsubject to approval by the commissioner.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3122", "title" : "Blood donating; violations; penalties", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3122", "activeDate" : "2014-09-22", "sequenceNo" : 1385, "repealedDate" : null, "fromSection" : "3122", "toSection" : "3122", "text" : " § 3122. Blood donating; violations; penalties. Any violation of\\nsections three thousand one hundred twenty and three thousand one\\nhundred twenty-one, of this chapter, shall constitute a misdemeanor,\\npunishable on conviction by a fine of not exceeding fifty dollars or by\\nimprisonment for not exceeding six months, or both such fine and\\nimprisonment.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 3 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A31T3", "title" : "Blood Donors of the Age of Eighteen Years or Over", "docType" : "TITLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3", "activeDate" : "2014-09-22", "sequenceNo" : 1386, "repealedDate" : null, "fromSection" : "3123", "toSection" : "3124", "text" : " TITLE III\\n BLOOD DONORS OF THE AGE OF EIGHTEEN YEARS OR OVER\\nSection 3123. Blood donors of the age of seventeen years or over.\\n 3124. Reporting system for hospitals and blood banks.\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3123", "title" : "Blood donors of the age of seventeen years or over", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3123", "activeDate" : "2014-09-22", "sequenceNo" : 1387, "repealedDate" : null, "fromSection" : "3123", "toSection" : "3123", "text" : " § 3123. Blood donors of the age of seventeen years or over. Any person\\nof the age of seventeen years or over shall be eligible to donate blood\\nin any voluntary and noncompensatory blood program without the necessity\\nof obtaining parental permission or authorization.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3124", "title" : "Reporting system for hospitals and blood banks", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3124", "activeDate" : "2014-09-22", "sequenceNo" : 1388, "repealedDate" : null, "fromSection" : "3124", "toSection" : "3124", "text" : " § 3124. Reporting system for hospitals and blood banks. All persons,\\nfirms and corporations engaged in procuring blood donations shall report\\nannually the following information to the commissioner of health:\\n a. The amount of whole blood collected.\\n b. The amount fractionated.\\n c. When fractionated.\\n d. How much blood is unused and destroyed.\\n e. How much blood is converted and what is it converted into.\\n f. Any other information the commissioner finds necessary to have an\\naccurate picture of what happens to collected blood within the state.\\n The commissioner shall make such rules and regulations as are\\nnecessary to create an accurate and complete reporting system.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 2 }, "repealed" : false } ], "size" : 3 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A32", "title" : "Live Pathogenic Microorganisms or Viruses", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "32", "activeDate" : "2014-09-22", "sequenceNo" : 1389, "repealedDate" : null, "fromSection" : "3200", "toSection" : "3203", "text" : " ARTICLE 32\\n LIVE PATHOGENIC MICROORGANISMS OR VIRUSES\\nSection 3200. Live pathogenic microorganisms or viruses; handling;\\n registration required; exceptions.\\n 3201. Live pathogenic microorganisms or viruses; sale or other\\n disposal; permission required.\\n 3202. Live pathogenic microorganisms or viruses; sale or other\\n disposal; labeling containers.\\n 3203. Live pathogenic microorganisms or viruses; violations;\\n penalties.\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3200", "title" : "Live pathogenic microorganisms or viruses; handling; registration required; exceptions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3200", "activeDate" : "2014-09-22", "sequenceNo" : 1390, "repealedDate" : null, "fromSection" : "3200", "toSection" : "3200", "text" : " § 3200. Live pathogenic microorganisms or viruses; handling;\\nregistration required; exceptions. 1. No person other than a licensed\\npractitioner of medicine, dentistry, or veterinary medicine or a person\\nunder the direct supervision of a licensed practitioner of medicine,\\ndentistry, or veterinary medicine shall possess or cultivate live\\npathogenic microorganisms or viruses other than vaccine virus\\n (a) unless he has satisfied the commissioner, or, in the city of New\\nYork, the department of health of the city of New York, that such\\nmicroorganisms or viruses in his possession will not become a menace to\\nthe public health, and,\\n (b) unless a registration number shall have been issued to him or his\\nemployer within the preceding twelve months by the commissioner, or in\\nthe city of New York, by the department of health of the city of New\\nYork, or their authorized representatives.\\n 2. (a) Where one or more persons work with such microorganisms or\\nviruses, application for the registration number required by the\\nprovisions of this section shall be made by the person in charge of the\\nwork in connection with which such microorganisms or viruses are\\nhandled.\\n (b) If such person in charge is not a licensed practitioner of\\nmedicine, dentistry, or veterinary medicine, before a registration\\nnumber is issued, he must first satisfy the commissioner, or in the city\\nof New York, the department of health of the city of New York, that such\\nmicroorganisms or viruses will not become a menace to the public health.\\n 3. (a) If the same person remains in charge of the work, the\\nregistration number shall be valid through April thirtieth of each year\\nand may be renewed upon application prior to its expiration.\\n (b) The registration number becomes invalid if a change is made in the\\nperson in charge of the work or the work is conducted at a different\\naddress, in which case a new application must be made.\\n 4. A registration fee of one dollar shall be charged to cover the cost\\nof issuing the registration number.\\n 5. The provisions of this section shall not apply to laboratories\\nmaintained by the federal, state or municipal government.\\n 6. The commissioner, or in the city of New York, the department of\\nhealth of the city of New York, is authorized to rescind such\\nregistration number at any time for a cause.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3201", "title" : "Live pathogenic microorganisms or viruses; sale or other disposal; permission required", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3201", "activeDate" : "2014-09-22", "sequenceNo" : 1391, "repealedDate" : null, "fromSection" : "3201", "toSection" : "3201", "text" : " § 3201. Live pathogenic microorganisms or viruses; sale or other\\ndisposal; permission required. 1. No person shall sell or convey any\\nlive pathogenic microorganisms or viruses other than vaccine virus to\\nany other person without permission of the commissioner, or in the city\\nof New York without the permission of the department of health of the\\ncity of New York.\\n 2. This section does not apply to diseased tissue, exudate, or other\\nspecimens which are sent by physicians, dentists or veterinarians to\\nlaboratories for examination as an aid in the diagnosis or control of\\ndisease.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3202", "title" : "Live pathogenic microorganisms or viruses; sale or other disposal; labeling containers", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3202", "activeDate" : "2014-09-22", "sequenceNo" : 1392, "repealedDate" : null, "fromSection" : "3202", "toSection" : "3202", "text" : " § 3202. Live pathogenic microorganisms or viruses; sale or other\\ndisposal; labeling containers. 1. All live pathogenic microorganisms or\\nviruses other than vaccine virus when given away or sold shall bear a\\nlabel on the container showing the contents of the container.\\n 2. If the distributor is required to be registered, the label shall\\nalso bear the registration number assigned by the department, or in the\\ncity of New York by the department of health of such city, for the\\nhandling of pathogenic microorganisms or viruses, the name of the person\\nobtaining the material, and the destination of the pathogenic\\nmicroorganisms or viruses.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3203", "title" : "Live pathogenic microorganisms or viruses; violations; penalties", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3203", "activeDate" : "2014-09-22", "sequenceNo" : 1393, "repealedDate" : null, "fromSection" : "3203", "toSection" : "3203", "text" : " § 3203. Live pathogenic microorganisms or viruses; violations;\\npenalties. Any violation of this article shall be deemed a misdemeanor\\npunishable by a fine of two hundred dollars, six months' imprisonment or\\nboth.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 4 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A32-A", "title" : "Recombinant Dna Experiments", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "32-A", "activeDate" : "2014-09-22", "sequenceNo" : 1394, "repealedDate" : null, "fromSection" : "3220", "toSection" : "3223", "text" : " ARTICLE 32-A\\n RECOMBINANT DNA EXPERIMENTS\\nSection 3220. Findings.\\n 3221. Definitions.\\n 3222. Certification.\\n 3223. Enforcement.\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3220", "title" : "Findings", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3220", "activeDate" : "2014-09-22", "sequenceNo" : 1395, "repealedDate" : null, "fromSection" : "3220", "toSection" : "3220", "text" : " § 3220. Findings. The legislature finds that new techniques of\\ngenetic manipulation which allow researchers to accomplish exchanges of\\ngenetic material between unlike organisms offer great potential for\\nexpanding human knowledge of genetics but also may present significant\\nrisks to public health, to the environment and to the health of research\\nworkers. These experiments are being conducted at research institutions\\nin New York, including universities, hospitals and industrial\\nfacilities. Industry plans to mass-produce recombinant organisms should\\nsuch organisms be found to have commercial uses. Such research and\\nproduction should only be conducted under safe conditions as prescribed\\nby the commissioner.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3221", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3221", "activeDate" : "2014-09-22", "sequenceNo" : 1396, "repealedDate" : null, "fromSection" : "3221", "toSection" : "3221", "text" : " § 3221. Definitions. As used in this article:\\n 1. \"DNA\" means deoxyribonucleic acid.\\n 2. \"Recombinant DNA\" means DNA molecules which;\\n (a) have been formed by joining together DNA segments in a cell-free\\nsystem and which have the capacity to enter a cell and to replicate in\\nsuch cell either autonomously or after they have become an integrated\\npart of such cell's genome; or\\n (b) are the result of a replication of the DNA molecules described in\\nparagraph (a) of this subdivision.\\n 3. \"Recombinant DNA activity\" means the possession of recombinant DNA\\nby any person and any activity undertaken by any person for the\\nproduction of recombinant DNA.\\n 4. \"Person\" means any individual, corporation, partnership, or legal\\nentity of any kind, or a governmental agency, board or body.\\n 5. \"Cell-free system\" means an environment outside of any cell or\\ncellular organism.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3222", "title" : "Certification", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3222", "activeDate" : "2014-09-22", "sequenceNo" : 1397, "repealedDate" : null, "fromSection" : "3222", "toSection" : "3222", "text" : " § 3222. Certification. 1. One hundred eighty days after the effective\\ndate of this article, no individual shall engage in a recombinant DNA\\nactivity unless such individual has been issued a certificate by the\\ncommissioner or such individual is affiliated with and is acting under\\nthe direction of and in a facility controlled by a person who has been\\nissued such a certificate.\\n 2. Within one hundred eighty days of the effective date of this\\narticle, the commissioner shall prescribe regulations for the conduct of\\nrecombinant DNA activity which shall be the substantial equivalent of\\nsections II (entitled \"containment\") and III (entitled \"experimental\\nguidelines\") of the recombinant DNA research guidelines of the National\\nInstitutes of Health of the Department of Health, Education and Welfare\\npublished in part II of the Federal Register for July seventh, nineteen\\nhundred seventy-six. If the National Institutes of Health guidelines are\\nrevised, the commissioner shall revise the regulations for the conduct\\nof recombinant DNA activity accordingly.\\n 3. Within one hundred eighty days of the effective date of this\\narticle the commissioner shall prescribe regulations for the:\\n (a) training and qualifications for individuals engaging in\\nrecombinant DNA activities;\\n (b) personnel health monitoring programs;\\n (c) establishment of institutional committees to oversee such\\nactivities; and\\n (d) periodic reports of the progress of such activities.\\n Regulations adopted pursuant to this section shall be reviewed\\nperiodically by the commissioner in light of current scientific\\nknowledge to determine their continued adequacy and appropriateness.\\n 4. The commissioner shall by regulation, establish procedures for\\napplication for a certificate to conduct recombinant DNA activity. All\\nproprietary information in applications or reports to the department by\\npersons certified pursuant to this section, not available to the public\\nor protected by a patent or copyright, shall be kept confidential.\\n 5. The commissioner may approve or deny an application for a\\ncertificate to engage in recombinant DNA activity or may approve it upon\\nsuch conditions as he shall prescribe.\\n 6. The commissioner by regulation may prescribe reasonable fees for\\ncertification, not exceeding the cost of administrative services\\nrendered by the department.\\n 7. The commissioner shall, by regulation, provide for an abbreviated\\ncertification process for the conduct of recombinant DNA activity which\\nis subject to, and which is in compliance with, policies and regulations\\npromulgated by any agency of the federal government for the regulation\\nof recombinant DNA activity.\\n 8. No local authority shall enact or enforce any local law, ordinance,\\nrule or regulation which would regulate or restrict recombinant DNA\\nactivity. Further, no local authority shall enact or duplicate any\\nprovision of this article as local law, ordinance, rule or regulation.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3223", "title" : "Enforcement", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3223", "activeDate" : "2014-09-22", "sequenceNo" : 1398, "repealedDate" : null, "fromSection" : "3223", "toSection" : "3223", "text" : " § 3223. Enforcement. 1. The commissioner may conduct scheduled or\\nunscheduled inspections of facilities where certified activities are\\nbeing conducted.\\n 2. The commissioner may suspend a certificate on the ground that the\\nholder unreasonably refused to admit a department inspector to the\\npremises where a recombinant DNA activity was taking place, or for any\\nother violation of a regulation promulgated pursuant to this article.\\nThe commissioner shall hold a hearing within fifteen days following any\\nsuch suspension to determine whether the suspension was reasonable. The\\ncommissioner may then annul the suspension, or if he finds the\\nsuspension to have been reasonable he may revoke the certificate or\\ncontinue its suspension for a period not to exceed three months.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 4 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A33", "title" : "Controlled Substances", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22", "2015-11-13", "2018-04-20", "2021-04-02", "2022-12-30", "2023-04-28", "2023-11-26", "2025-10-24", "2025-11-28" ], "docLevelId" : "33", "activeDate" : "2018-04-20", "sequenceNo" : 1399, "repealedDate" : null, "fromSection" : "3300", "toSection" : "3397", "text" : " ARTICLE 33\\n CONTROLLED SUBSTANCES\\n TITLE I\\n GENERAL PROVISIONS\\nSection 3300. Short title.\\n 3300-a. Legislative purposes.\\n 3301. Applicability of this article to actions and matters\\n occurring or arising before and after the effective\\n date.\\n 3302. Definitions of terms of general use in this article.\\n 3304. Prohibited acts.\\n 3304*. Prohibited acts.\\n 3305. Exemptions.\\n 3306. Schedules of controlled substances.\\n 3307. Exception from schedules.\\n 3308. Powers and duties of the commissioner.\\n 3309. Opioid overdose prevention.\\n 3309-a. Prescription pain medication awareness program.\\n TITLE II\\n MANUFACTURE AND DISTRIBUTION OF CONTROLLED SUBSTANCES\\nSection 3310. Licenses for manufacture or distribution of controlled\\n substances.\\n 3311. Authority to issue initial licenses, amended licenses,\\n and to renew licenses.\\n 3312. Application for initial license.\\n 3313. Granting of initial license.\\n 3315. Applications for renewal of licenses to manufacture or\\n distribute controlled substances.\\n 3316. Granting of renewal of licenses.\\n 3318. Identification of controlled substances.\\n 3319. Distribution of free samples.\\n 3320. Authorized distribution.\\n 3321. Exempt distribution.\\n 3322. Reports and records.\\n TITLE 2-A\\n OPIOID STEWARDSHIP ACT\\nSection 3323. Opioid stewardship fund.\\n TITLE III\\n RESEARCH, INSTRUCTIONAL ACTIVITIES, AND CHEMICAL ANALYSIS\\n RELATING TO CONTROLLED SUBSTANCES\\nSection 3324. Licenses to engage in research, instructional\\n activities, and chemical analysis relating to\\n controlled substances.\\n 3325. Authority to issue licenses; applications.\\n 3326. Institutional research licenses.\\n 3327. Procedure.\\n 3328. Exemptions from title.\\n 3329. Reports and records.\\n TITLE IV\\n DISPENSING TO ULTIMATE USERS\\nSection 3330. Schedule I substances.\\n 3331. Scheduled substances administering and dispensing by\\n practitioners.\\n 3332. Making of official New York state prescriptions for\\n scheduled substances.\\n 3333. Dispensing upon official New York state prescription.\\n 3334. Emergency oral prescriptions for schedule II drugs and\\n certain other controlled substances.\\n 3337. Oral prescriptions schedule III, IV and V substances.\\n 3338. Official New York state prescription forms.\\n 3339. Refilling of prescriptions for controlled substances.\\n 3341. Institutional dispensers certificates of approval.\\n 3342. Dispensing and administering by institutional\\n dispensers.\\n 3343. Reports and records.\\n 3343-a. Prescription monitoring program registry.\\n 3345. Possession of controlled substances by ultimate users\\n original container.\\n TITLE V\\n DISPENSING TO ADDICTS AND HABITUAL USERS\\nSection 3350. Dispensing prohibition.\\n 3351. Dispensing for medical use.\\n 3352. Reports and records.\\n TITLE V-A\\n MEDICAL USE OF MARIHUANA\\nSection 3360. Definitions.\\n 3361. Certification of patients.\\n 3362. Lawful medical use.\\n 3363. Registry identification cards.\\n 3364. Registered organizations.\\n 3365. Registering of registered organizations.\\n 3365-a. Expedited registration of registered organizations.\\n 3366. Reports by registered organizations.\\n 3367. Evaluation; research programs; report by department.\\n 3368. Relation to other laws.\\n 3369. Protections for the medical use of marihuana.\\n 3369-a. Regulations.\\n 3369-b. Effective date.\\n 3369-c. Suspend; terminate.\\n 3369-d. Pricing.\\n 3369-e. Severability.\\n TITLE VI\\n RECORDS AND REPORTS\\nSection 3370. Preserving and inspection of records.\\n 3371. Confidentiality of certain records, reports, and\\n information.\\n 3372. Practitioner patient reporting.\\n 3373. Confidential communications.\\n 3374. Notification by licensee.\\n TITLE VII\\n OFFENSES, VIOLATIONS AND ENFORCEMENT\\nSection 3380. Inhalation of certain toxic vapors or fumes and certain\\n hazardous inhalants; sale of glue and hazardous\\n inhalants in certain cases.\\n 3381. Sale and possession of hypodermic syringes and\\n hypodermic needles.\\n 3381-a. Destruction of hypodermic syringes and needles.\\n 3382. Growing of the plant known as Cannabis by unlicensed\\n persons.\\n 3383. Imitation controlled substances.\\n 3384. Information program for retailers.\\n 3385. Enforcement.\\n 3387. Seizure and forfeiture of controlled substances,\\n imitation controlled substances and official New York\\n state prescription forms; disposition.\\n 3388. Seizure and forfeiture of vehicles, vessels or aircraft\\n unlawfully used to conceal, convey or transport\\n controlled substances.\\n 3390. Revocation of licenses and certificates of approval.\\n 3391. Revocation and suspension of license or certificate of\\n approval procedure.\\n 3393. Formal hearings procedure.\\n 3394. Judicial review.\\n 3396. Violations; penalties.\\n 3397. Fraud and deceit.\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A33T1", "title" : "General Provisions", "docType" : "TITLE", "publishedDates" : [ "2014-09-22", "2022-12-30", "2023-04-28", "2023-11-26" ], "docLevelId" : "1", "activeDate" : "2014-09-22", "sequenceNo" : 1400, "repealedDate" : null, "fromSection" : "3300", "toSection" : "3309-A", "text" : " TITLE I\\n GENERAL PROVISIONS\\nSection 3300. Short title.\\n 3300-a. Legislative purposes.\\n 3301. Applicability of this article to actions and matters\\n occurring or arising before and after the effective\\n date.\\n 3302. Definitions of terms of general use in this article.\\n 3304. Prohibited acts.\\n 3305. Exemptions.\\n 3306. Schedules of controlled substances.\\n 3307. Exception from schedules.\\n 3308. Powers and duties of the commissioner.\\n 3309. Opioid overdose prevention.\\n 3309-a. Prescription pain medication awareness program.\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3300", "title" : "Short title", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3300", "activeDate" : "2014-09-22", "sequenceNo" : 1401, "repealedDate" : null, "fromSection" : "3300", "toSection" : "3300", "text" : " § 3300. Short title. This article shall be known as the New York\\nState Controlled Substances Act.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3300-A", "title" : "Legislative purposes", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3300-A", "activeDate" : "2014-09-22", "sequenceNo" : 1402, "repealedDate" : null, "fromSection" : "3300-A", "toSection" : "3300-A", "text" : " § 3300-a. Legislative purposes. The purposes of this article are:\\n 1. to combat illegal use of and trade in controlled substances; and\\n 2. to allow legitimate use of controlled substances in health care,\\nincluding palliative care; veterinary care; research and other uses\\nauthorized by this article or other law; under appropriate regulation\\nand subject to this article, title eight of the education law, and other\\napplicable law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3301", "title" : "Applicability of this article to actions and matters occurring or arising before and after the effective date", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3301", "activeDate" : "2014-09-22", "sequenceNo" : 1403, "repealedDate" : null, "fromSection" : "3301", "toSection" : "3301", "text" : " § 3301. Applicability of this article to actions and matters occurring\\nor arising before and after the effective date. Unless otherwise\\nexpressly provided, or unless the context otherwise requires:\\n (a) the provisions of this article shall govern and control the\\npossession, manufacture, dispensing, administering, and distribution of\\ncontrolled substances with respect to any matter, act or omission,\\narising or occurring on or after the effective date hereof;\\n (b) the provisions of this article do not apply to or govern any\\nmatter, act, or omission arising or occurring prior to the effective\\ndate hereof. Such matters, acts, or omissions must be governed and\\nconstrued according to provisions of law existing at the time such\\nmatter, act or omission arose or occurred in the same manner as if this\\narticle had not been enacted.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3302", "title" : "Definitions of terms of general use in this article", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2020-01-24", "2020-03-13", "2021-04-02", "2025-11-28" ], "docLevelId" : "3302", "activeDate" : "2014-09-22", "sequenceNo" : 1404, "repealedDate" : null, "fromSection" : "3302", "toSection" : "3302", "text" : " § 3302. Definitions of terms of general use in this article. Except\\nwhere different meanings are expressly specified in subsequent\\nprovisions of this article, the following terms have the following\\nmeanings:\\n 1. \"Addict\" means a person who habitually uses a controlled substance\\nfor a non-legitimate or unlawful use, and who by reason of such use is\\ndependent thereon.\\n 2. \"Administer\" means the direct application of a controlled\\nsubstance, whether by injection, inhalation, ingestion, or any other\\nmeans, to the body of a patient or research subject.\\n 3. \"Agent\" means an authorized person who acts on behalf of or at the\\ndirection of a manufacturer, distributor, or dispenser. No person may be\\nauthorized to so act if under title VIII of the education law such\\nperson would not be permitted to engage in such conduct. It does not\\ninclude a common or contract carrier, public warehouseman, or employee\\nof the carrier or warehouseman when acting in the usual and lawful\\ncourse of the carrier's or warehouseman's business.\\n 4. \"Concentrated Cannabis\" means\\n (a) the separated resin, whether crude or purified, obtained from a\\nplant of the genus Cannabis; or\\n (b) a material, preparation, mixture, compound or other substance\\nwhich contains more than two and one-half percent by weight of delta-9\\ntetrahydrocannabinol, or its isomer, delta-8 dibenzopyran numbering\\nsystem, or delta-1 tetrahydrocannabinol or its isomer, delta 1 (6)\\nmonoterpene numbering system.\\n 5. \"Controlled substance\" means a substance or substances listed in\\nsection thirty-three hundred six of this chapter.\\n 6. \"Commissioner\" means commissioner of health of the state of New\\nYork.\\n 7. \"Deliver\" or \"delivery\" means the actual, constructive or attempted\\ntransfer from one person to another of a controlled substance, whether\\nor not there is an agency relationship.\\n 8. \"Department\" means the department of health of the state of New\\nYork.\\n 9. \"Dispense\" means to deliver a controlled substance to an ultimate\\nuser or research subject by lawful means, including by means of the\\ninternet, and includes the packaging, labeling, or compounding necessary\\nto prepare the substance for such delivery.\\n 10. \"Distribute\" means to deliver a controlled substance, including by\\nmeans of the internet, other than by administering or dispensing.\\n 11. \"Distributor\" means a person who distributes a controlled\\nsubstance.\\n 12. \"Diversion\" means manufacture, possession, delivery or use of a\\ncontrolled substance by a person or in a manner not specifically\\nauthorized by law.\\n 13. \"Drug\" means\\n (a) substances recognized as drugs in the official United States\\nPharmacopoeia, official Homeopathic Pharmacopoeia of the United States,\\nor official National Formulary, or any supplement to any of them;\\n (b) substances intended for use in the diagnosis, cure, mitigation,\\ntreatment, or prevention of disease in man or animals; and\\n (c) substances (other than food) intended to affect the structure or a\\nfunction of the body of man or animal. It does not include devices or\\ntheir components, parts, or accessories.\\n 14. \"Federal agency\" means the Drug Enforcement Administration, United\\nStates Department of Justice, or its successor agency.\\n 15. \"Federal controlled substances act\" means the Comprehensive Drug\\nAbuse Prevention and Control Act of 1970, Public Law 91-513, and any act\\nor acts amendatory or supplemental thereto or regulations promulgated\\nthereunder.\\n 16. \"Federal registration number\" means such number assigned by the\\nFederal agency to any person authorized to manufacture, distribute,\\nsell, dispense or administer controlled substances.\\n 17. \"Habitual user\" means any person who is, or by reason of repeated\\nuse of any controlled substance for non-legitimate or unlawful use is in\\ndanger of becoming, dependent upon such substance.\\n 18. \"Institutional dispenser\" means a hospital, veterinary hospital,\\nclinic, dispensary, maternity home, nursing home, mental hospital or\\nsimilar facility approved and certified by the department as authorized\\nto obtain controlled substances by distribution and to dispense and\\nadminister such substances pursuant to the order of a practitioner.\\n 19. \"License\" means a written authorization issued by the department\\nor the New York state department of education permitting persons to\\nengage in a specified activity with respect to controlled substances.\\n 20. \"Manufacture\" means the production, preparation, propagation,\\ncompounding, cultivation, conversion or processing of a controlled\\nsubstance, either directly or indirectly or by extraction from\\nsubstances of natural origin, or independently by means of chemical\\nsynthesis, or by a combination of extraction and chemical synthesis, and\\nincludes any packaging or repackaging of the substance or labeling or\\nrelabeling of its container, except that this term does not include the\\npreparation, compounding, packaging or labeling of a controlled\\nsubstance:\\n (a) by a practitioner as an incident to his administering or\\ndispensing of a controlled substance in the course of his professional\\npractice; or\\n (b) by a practitioner, or by his authorized agent under his\\nsupervision, for the purpose of, or as an incident to, research,\\nteaching, or chemical analysis and not for sale; or\\n (c) by a pharmacist as an incident to his dispensing of a controlled\\nsubstance in the course of his professional practice.\\n 21. \"Marihuana\" means all parts of the plant of the genus Cannabis,\\nwhether growing or not; the seeds thereof; the resin extracted from any\\npart of the plant; and every compound, manufacture, salt, derivative,\\nmixture, or preparation of the plant, its seeds or resin. It does not\\ninclude the mature stalks of the plant, fiber produced from the stalks,\\noil or cake made from the seeds of the plant, any other compound,\\nmanufacture, salt, derivative, mixture, or preparation of the mature\\nstalks (except the resin extracted therefrom), fiber, oil, or cake, or\\nthe sterilized seed of the plant which is incapable of germination.\\n 22. \"Narcotic drug\" means any of the following, whether produced\\ndirectly or indirectly by extraction from substances of vegetable\\norigin, or independently by means of chemical synthesis, or by a\\ncombination of extraction and chemical synthesis:\\n (a) opium and opiate, and any salt, compound, derivative, or\\npreparation of opium or opiate;\\n (b) any salt, compound, isomer, derivative, or preparation thereof\\nwhich is chemically equivalent or identical with any of the substances\\nreferred to in subdivision (a), but not including the isoquinoline\\nalkaloids of opium;\\n (c) opium poppy and poppy straw.\\n 23. \"Opiate\" means any substance having an addiction-forming or\\naddiction-sustaining liability similar to morphine or being capable of\\nconversion into a drug having addiction-forming or addiction-sustaining\\nliability. It does not include, unless specifically designated as\\ncontrolled under section 3306 of this article, the dextrorotatory isomer\\nof 3-methoxy-n-methylmorphinan and its salts (dextromethorphan). It does\\ninclude its racemic and levorotatory forms.\\n 24. \"Opium poppy\" means the plant of the species Papaver somniferum\\nL., except its seeds.\\n 25. \"Person\" means individual, institution, corporation, government or\\ngovernmental subdivision or agency, business trust, estate, trust,\\npartnership or association, or any other legal entity.\\n 26. \"Pharmacist\" means any person licensed by the state department of\\neducation to practice pharmacy.\\n 27. \"Pharmacy\" means any place registered as such by the New York\\nstate board of pharmacy and registered with the Federal agency pursuant\\nto the federal controlled substances act.\\n 28. \"Poppy straw\" means all parts, except the seeds, of the opium\\npoppy, after mowing.\\n 29. \"Practitioner\" means:\\n A physician, dentist, podiatrist, veterinarian, scientific\\ninvestigator, or other person licensed, or otherwise permitted to\\ndispense, administer or conduct research with respect to a controlled\\nsubstance in the course of a licensed professional practice or research\\nlicensed pursuant to this article. Such person shall be deemed a\\n\"practitioner\" only as to such substances, or conduct relating to such\\nsubstances, as is permitted by his license, permit or otherwise\\npermitted by law.\\n 30. \"Prescribe\" means a direction or authorization, by prescription,\\npermitting an ultimate user lawfully to obtain controlled substances\\nfrom any person authorized by law to dispense such substances.\\n 31. \"Prescription\" shall mean an official New York state prescription,\\nan electronic prescription, an oral prescription, an out-of-state\\nprescription, or any one.\\n 32. \"Sell\" means to sell, exchange, give or dispose of to another, or\\noffer or agree to do the same.\\n 33. \"Ultimate user\" means a person who lawfully obtains and possesses\\na controlled substance for his own use or the use by a member of his\\nhousehold or for an animal owned by him or in his custody. It shall also\\nmean and include a person designated, by a practitioner on a\\nprescription, to obtain such substance on behalf of the patient for whom\\nsuch substance is intended.\\n 34. \"Internet\" means collectively computer and telecommunications\\nfacilities which comprise the worldwide network of networks that employ\\na set of industry standards and protocols, or any predecessor or\\nsuccessor protocol to such protocol, to exchange information of all\\nkinds. \"Internet,\" as used in this article, also includes other\\nnetworks, whether private or public, used to transmit information by\\nelectronic means.\\n 35. \"By means of the internet\" means any sale, delivery, distribution,\\nor dispensing of a controlled substance that uses the internet, is\\ninitiated by use of the internet or causes the internet to be used.\\n 36. \"Online dispenser\" means a practitioner, pharmacy, or person in\\nthe United States that sells, delivers or dispenses, or offers to sell,\\ndeliver, or dispense, a controlled substance by means of the internet.\\n 37. \"Electronic prescription\" means a prescription issued with an\\nelectronic signature and transmitted by electronic means in accordance\\nwith regulations of the commissioner and the commissioner of education\\nand consistent with federal requirements. A prescription generated on an\\nelectronic system that is printed out or transmitted via facsimile is\\nnot considered an electronic prescription and must be manually signed.\\n 38. \"Electronic\" means of or relating to technology having electrical,\\ndigital, magnetic, wireless, optical, electromagnetic or similar\\ncapabilities. \"Electronic\" shall not include facsimile.\\n 39. \"Electronic record\" means a paperless record that is created,\\ngenerated, transmitted, communicated, received or stored by means of\\nelectronic equipment and includes the preservation, retrieval, use and\\ndisposition in accordance with regulations of the commissioner and the\\ncommissioner of education and in compliance with federal law and\\nregulations.\\n 40. \"Electronic signature\" means an electronic sound, symbol, or\\nprocess, attached to or logically associated with an electronic record\\nand executed or adopted by a person with the intent to sign the record,\\nin accordance with regulations of the commissioner and the commissioner\\nof education.\\n 41. \"Registry\" or \"prescription monitoring program registry\" means the\\nprescription monitoring program registry established pursuant to section\\nthirty-three hundred forty-three-a of this article.\\n 42. \"Compounding\" means the combining, admixing, mixing, diluting,\\npooling, reconstituting, or otherwise altering of a drug or bulk drug\\nsubstance to create a drug with respect to an outsourcing facility under\\nsection 503B of the federal Food, Drug and Cosmetic Act and further\\ndefined in this section.\\n 43. \"Outsourcing facility\" means a facility that:\\n (a) is engaged in the compounding of sterile drugs as defined in\\nsection sixty-eight hundred two of the education law;\\n (b) is currently registered as an outsourcing facility pursuant to\\narticle one hundred thirty-seven of the education law; and\\n (c) complies with all applicable requirements of federal and state\\nlaw, including the Federal Food, Drug and Cosmetic Act.\\n Notwithstanding any other provision of law to the contrary, when an\\noutsourcing facility distributes or dispenses any drug to any person\\npursuant to a prescription, such outsourcing facility shall be deemed to\\nbe providing pharmacy services and shall be subject to all laws, rules\\nand regulations governing pharmacies and pharmacy services.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3304", "title" : "Prohibited acts", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3304", "activeDate" : "2014-09-22", "sequenceNo" : 1405, "repealedDate" : null, "fromSection" : "3304", "toSection" : "3304", "text" : " * § 3304. Prohibited acts. 1. It shall be unlawful for any person to\\nmanufacture, sell, prescribe, distribute, dispense, administer, possess,\\nhave under his control, abandon, or transport a controlled substance\\nexcept as expressly allowed by this article.\\n 2. It shall be unlawful for any person to possess or have under his\\ncontrol an official New York state prescription form except as expressly\\nallowed by this article.\\n * NB Separately amended -- cannot be put together\\n * § 3304. Prohibited acts. a. It shall be unlawful for any person to\\nmanufacture, sell, prescribe, distribute, dispense, administer, possess,\\nhave under his control, abandon, or transport a controlled substance\\nexcept as expressly allowed by this article.\\n b. It shall be unlawful for any physician practicing medicine as\\ndefined in section sixty-five hundred twenty-one of the education law to\\nprescribe, dispense or administer any amphetamines or sympathomimetic\\namine drug or compound thereof, designated as a schedule II controlled\\nsubstance pursuant to section thirty-three hundred six of this article\\nfor the exclusive treatment of obesity, weight control or weight loss. A\\nviolation of the provisions of this subdivision shall not be grounds for\\nprosecution under article two hundred twenty of the penal law.\\n * NB Separately amended -- cannot be put together\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3305", "title" : "Exemptions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3305", "activeDate" : "2014-09-22", "sequenceNo" : 1406, "repealedDate" : null, "fromSection" : "3305", "toSection" : "3305", "text" : " § 3305. Exemptions. 1. The provisions of this article restricting the\\npossession and control of controlled substances and official New York\\nstate prescription forms shall not apply:\\n (a) to common carriers or to warehousemen, while engaged in lawfully\\ntransporting or storing such substances, or to any employee of the same\\nacting within the scope of his employment; or\\n (b) to public officers or their employees in the lawful performance of\\ntheir official duties requiring possession or control of controlled\\nsubstances; or\\n (c) to temporary incidental possession by employees or agents of\\npersons lawfully entitled to possession, or by persons whose possession\\nis for the purpose of aiding public officers in performing their\\nofficial duties.\\n (d) to a duly authorized agent of an incorporated society for the\\nprevention of cruelty to animals or a municipal animal control facility\\nfor the limited purpose of buying, possessing, and dispensing to\\nregistered and certified personnel, ketamine hydrochloride to\\nanesthetize animals and/or sodium pentobarbital to euthanize animals,\\nincluding but not limited to dogs and cats. The department shall,\\nconsistent with the public interest, register such duly authorized agent\\nand such agent shall file, on a quarterly basis, a report of purchase,\\npossession, and use of ketamine hydrochloride and/or sodium\\npentobarbital, which report shall be certified by the society for the\\nprevention of cruelty to animals or municipal animal control facility as\\nto its accuracy and validity. This report shall be in addition to any\\nother record keeping and reporting requirements of state and federal law\\nand regulation. The department shall adopt rules and regulations\\nproviding for the registration and certification of any individual who,\\nunder the direction of the duly authorized and registered agent of an\\nincorporated society for the prevention of cruelty to animals, or\\nmunicipal animal control facility, uses ketamine hydrochloride to\\nanesthetize animals and/or sodium pentobarbital to euthanize animals,\\nincluding but not limited to dogs and cats. The department may also\\nadopt such other rules and regulations as shall provide for the safe and\\nefficient use of ketamine hydrochloride and/or sodium pentobarbital by\\nincorporated societies for the prevention of cruelty to animals and\\nanimal control facilities. Nothing in this paragraph shall be deemed to\\nwaive any other requirement imposed on incorporated societies for the\\nprevention of cruelty to animals and animal control facilities by state\\nand federal law and regulation.\\n 2. The commissioner may, by regulation, provide for the exemption from\\nall or part of the requirements of this article the possession of\\nsubstances in schedule III or IV and use thereof as part of an\\nindustrial process or manufacture of substances other than drugs. The\\ncommissioner may impose such conditions upon the granting of such\\nexemption as may be necessary to protect against diversion or misuse of\\nthe controlled substance.\\n 3. The commissioner is hereby authorized and empowered to make any\\nrules, regulations and determinations permitting the following\\ncategories of persons to obtain, dispense and administer controlled\\nsubstances under such conditions and in such manner as he shall\\nprescribe:\\n (a) a person in the employ of the United States government or of any\\nstate, territory, district, county, municipal, or insular government,\\nobtaining, possessing, dispensing and administering controlled\\nsubstances by reason of his official duties;\\n (b) a master of a ship or a person in charge of any aircraft upon\\nwhich no physician is regularly employed, or to a physician or surgeon\\nduly licensed in any state, territory, or the District of Columbia to\\npractice his profession, or to a retired commissioned medical officer of\\nthe United States army, navy, or public health service, employed upon\\nsuch ship or aircraft, for the actual medical needs of persons on board\\nsuch ship or aircraft when not in port.\\n (c) a person in a foreign country in compliance with the provisions of\\nthis article.\\n 4. The provisions of this article with respect to the payment of fees\\nand costs shall not apply to the state of New York or any political\\nsubdivision thereof or any agency or instrumentality of either.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3306", "title" : "Schedules of controlled substances", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-10-30", "2016-08-19", "2017-08-04", "2018-04-20", "2018-05-18", "2018-07-13", "2019-01-04", "2019-06-21", "2020-04-17", "2020-07-03", "2021-04-02", "2023-05-12", "2023-06-23", "2023-10-06" ], "docLevelId" : "3306", "activeDate" : "2019-06-21", "sequenceNo" : 1407, "repealedDate" : null, "fromSection" : "3306", "toSection" : "3306", "text" : " § 3306. Schedules of controlled substances. There are hereby\\nestablished five schedules of controlled substances, to be known as\\nschedules I, II, III, IV and V respectively. Such schedules shall\\nconsist of the following substances by whatever name or chemical\\ndesignation known:\\n Schedule I. (a) Schedule I shall consist of the drugs and other\\nsubstances, by whatever official name, common or usual name, chemical\\nname, or brand name designated, listed in this section.\\n (b) Opiates. Unless specifically excepted or unless listed in another\\nschedule, any of the following opiates, including their isomers, esters,\\nethers, salts, and salts of isomers, esters, and ethers, whenever the\\nexistence of such isomers, esters, ethers and salts is possible within\\nthe specific chemical designation (for purposes of 3-methylfentanyl\\nonly, the term isomer includes the optical and geometric isomers):\\n (1) Acetyl-alpha-methylfentanyl (N-{1-(-methyl-2-phenethyl)\\n-4-piperidinyl} -N-phenylacetamide.\\n (2) Acetylmethadol.\\n (3) Allylprodine.\\n (4) Alphacetylmethadol (except levo- alphacetylmethadol also known as\\nlevo-alpha-acetylmethadol, levomethadylacetate or LAAM).\\n (5) Alphameprodine.\\n (6) Alphamethadol.\\n (7) Alpha-methylfentanyl (N-{1-(alpha-methyl-beta-phenyl)\\nethyl-4-piperidyl} propionanilide; 1-(1-methyl-2-phenylethyl)\\n-4-(N-propanilido) piperidine).\\n (8) Alpha-methylthiofentanyl (N-{1-methyl-2)2-thienyl)\\nethyl-4-piperidinyl} -N-phenylpropanamide).\\n (9) Beta-hydroxyfentanyl\\n(N-{1-2 (2-hydroxy-2-phenethyl)- 4-piperidinyl} -N-phenylpropanamide).\\n (10) Beta-hydroxy-3-methylfentanyl (other name: N-{1-\\n(2-hydroxy-2-phenethyl) -3-methyl -4-piperidinyl} -N-phenylpropanamide.\\n (11) Benzethidine.\\n (12) Betacetylmethadol.\\n (13) Betameprodine.\\n (14) Betamethadol.\\n (15) Betaprodine.\\n (16) Clonitazene.\\n (17) Dextromoramide.\\n (18) Diampromide.\\n (19) Diethylthiambutene.\\n (20) Difenoxin.\\n (21) Dimenoxadol.\\n (22) Dimepheptanol.\\n (23) Dimethylthiambutene.\\n (24) Dioxaphetyl butyrate.\\n (25) Dipipanone.\\n (26) Ethylmethylthiambutene.\\n (27) Etonitazene.\\n (28) Etoxeridine.\\n (29) Furethidine.\\n (30) Hydroxypethidine.\\n (31) Ketobemidone.\\n (32) Levomoramide.\\n (33) Levophenacylmorphan.\\n (34) 3-Methylfentanyl (N-{3-methy1-1- (2- phenylethyl -4-piperidyl}\\n-N-phenylpropanamide).\\n (35) 3-Methylthiofentanyl (N-{3-methyl-1- (2-thienyl)ethyl\\n-4-piperidinyl} -N-phenylpropanamide).\\n (36) Morpheridine.\\n (37) MPPP (1-methyl -4-phenyl -4-propionoxypiperidine).\\n (38) Noracymethadol.\\n (39) Norlevorphanol.\\n (40) Normethadone.\\n (41) Norpipanone.\\n (42) Para-fluorofentanyl (N- (4-fluorophenyl) -N-{1- (2-phenethyl)\\n-4-piperidinyl} -propanamide.\\n (43) PEPAP (1- (-2-phenethyl) -4-phenyl -4-acetoxypiperidine.\\n (44) Phenadoxone.\\n (45) Phenampromide.\\n (46) Phenomorphan.\\n (47) Phenoperidine.\\n (48) Piritramide.\\n (49) Proheptazine.\\n (50) Properidine.\\n (51) Propiram.\\n (52) Racemoramide.\\n (53) Thiofentanyl (N-phenyl-N-{1- (2-thienyl) ethyl -4- piperidinyl}\\n-propanamide.\\n (54) Tilidine.\\n (55) Trimeperidine.\\n (56) 3,4-dichloro-N-{(1-dimethylamino) cyclohexylmethyl}benzamide.\\nSome trade or other names: AH-7921.\\n (57) N-(1-phenethylpiperidin-4-yl)-N-phenylacetamide (Acetyl\\nFentanyl).\\n (c) Opium derivatives. Unless specifically excepted or unless listed\\nin another schedule, any of the following opium derivatives, its salts,\\nisomers, and salts of isomers whenever the existence of such salts,\\nisomers, and salts of isomers is possible within the specific chemical\\ndesignation:\\n (1) Acetorphine.\\n (2) Acetyldihydrocodeine.\\n (3) Benzylmorphine.\\n (4) Codeine methylbromide.\\n (5) Codeine-N-oxide.\\n (6) Cyprenorphine.\\n (7) Desomorphine.\\n (8) Dihydromorphine.\\n (9) Drotebanol.\\n (10) Etorphine (except hydrochloride salt).\\n (11) Heroin.\\n (12) Hydromorphinol.\\n (13) Methyldesorphine.\\n (14) Methyldihydromorphine.\\n (15) Morphine methylbromide.\\n (16) Morphine methylsulfonate.\\n (17) Morphine-N-oxide.\\n (18) Myrophine.\\n (19) Nicocodeine.\\n (20) Nicomorphine.\\n (21) Normorphine.\\n (22) Pholcodine.\\n (23) Thebacon.\\n (d) Hallucinogenic substances. Unless specifically excepted or unless\\nlisted in another schedule, any material, compound, mixture, or\\npreparation, which contains any quantity of the following hallucinogenic\\nsubstances, or which contains any of its salts, isomers, and salts of\\nisomers whenever the existence of such salts, isomers, and salts of\\nisomers is possible within the specific chemical designation (for\\npurposes of this paragraph only, the term \"isomer\" includes the optical,\\nposition and geometric isomers):\\n(EXPLANATION--Within the following chemical designations, character\\n symbol substitutions were made from the original text: \"@\" = Greek\\n alpha, \"&\" = Greek beta, \"'\" = prime mark and \"/\\\" = triangle.)\\n (1) 4-bromo-2, 5-dimethoxy-amphetamine Some trade or other names:\\n4-bromo-2, 5-dimethoxy-@-methylphenethylamine; 4-bromo-2, 5-DMA.\\n (2) 2, 5-dimethoxyamphetamine Some trade or other names:\\n2, 5-dimethoxy-@-methylphenethylamine; 2, 5-DMA.\\n (3) 4-methoxyamphetamine Some trade or other names:\\n4-methoxy-@-methylphenethylamine; paramethoxyamphetamine, PMA.\\n (4) 5-methoxy-3, 4-methylenedioxy - amphetamine.\\n (5) 4-methyl-2, 5-dimethoxy-amphetamine Some trade and other names:\\n4-methyl-2, 5-dimethoxy-@-methylphenethylamine; \"DOM\"; and \"STP\".\\n (6) 3, 4-methylenedioxy amphetamine.\\n (7) 3, 4, 5-trimethoxy amphetamine.\\n (8) Bufotenine Some trade and other names: 3-(&-dimethylaminoethyl)-5\\nhydroxindole; 3-(2-dimethylaminoethyl)- 5-indolol;\\nN, N-dimethylserotonin; -5-hydroxy-N, N-dimethyltryptamine; mappine.\\n (9) Diethyltryptamine Some trade and other names:\\nN, N-diethyltryptamine; DET.\\n (10) Dimethyltryptamine Some trade or other names: DMT.\\n (11) Ibogane Some trade and other names: 7-ethyl-6, 6&, 7, 8, 9, 10,\\n12, 13-octahydro-2-methoxy-6, 9-methano-5h-pyrido {1',2':1,2} azepino\\n{5,4-b} indole: tabernanthe iboga.\\n (12) Lysergic acid diethylamide.\\n (13) Marihuana.\\n (14) Mescaline.\\n (15) Parahexyl. Some trade or other names: 3-Hexyl-1-hydroxy-\\n7,8,9,10-tetra hydro-6,6,9-trimethyl-6H-dibenfo{b,d} pyran.\\n (16) Peyote. Meaning all parts of the plant presently classified\\nbotanically as Lophophora williamsii Lemaire, whether growing or not,\\nthe seeds thereof, any extract from any part of such plant, and every\\ncompound, manufacture, salts, derivative, mixture, or preparation of\\nsuch plant, its seeds or extracts.\\n (17) N-ethyl-3-piperidyl benzilate.\\n (18) N-methyl-3-piperidyl benzilate.\\n (19) Psilocybin.\\n (20) Psilocyn.\\n (21) Tetrahydrocannabinols. Synthetic equivalents of the substances\\ncontained in the plant, or in the resinous extractives of cannabis, sp.\\nand/or synthetic substances, derivatives, and their isomers with similar\\nchemical structure and pharmacological activity such as the following:\\n /\\1 cis or trans tetrahydrocannabinol, and their optical isomers\\n /\\6 cis or trans tetrahydrocannabinol, and their optical isomers\\n /\\3, 4 cis or trans tetrahydrocannabinol, and its optical isomers\\n(since nomenclature of these substances is not internationally\\nstandardized, compounds of these structures, regardless of numerical\\ndesignation of atomic positions covered).\\n (22) Ethylamine analog of phencyclidine. Some trade or other names:\\nN-ethyl-1-phenylcyclohexylamine, (1-phenylcyclohexyl) ethylamine,\\nN-(1-phenylcyclohexyl) ethylamine cyclohexamine, PCE.\\n (23) Pyrrolidine analog of phencyclidine. Some trade or other names\\n1-(1-phenylcyclohexyl)-pyrrolidine; PCPy, PHP.\\n (24) Thiophene analog of phencyclidine. Some trade or other names:\\n1-{1-(2-thienyl)-cyclohexyl}-piperidine, 2-thienylanalog of\\nphencyclidine, TPCP, TCP.\\n (25) 3,4-methylenedioxymethamphetamine (MDMA).\\n (26) 3,4-methylendioxy-N-ethylamphetamine (also known as\\nN-ethyl-alpha-methyl-3,4 (methylenedioxy) phenethylamine, N-ethyl MDA,\\nMDE, MDEA.\\n (27) N-hydroxy-3,4-methylenedioxyamphetamine (also known as\\nN-hydroxy-alpha-methyl-3,4 (methylenedioxy) phenethylamine, and\\nN-hydroxy MDA.\\n (28) 1-{1- (2-thienyl) cyclohexyl} pyrrolidine. Some other names:\\nTCPY.\\n (29) Alpha-ethyltryptamine. Some trade or other names: etryptamine;\\nMonase; Alpha-ethyl-1H-indole-3-ethanamine; 3- (2-aminobutyl) indole;\\nAlpha-ET or AET.\\n (30) 2,5-dimethoxy-4-ethylamphetamine. Some trade or other names:\\nDOET.\\n (31) 4-Bromo-2,5-dimethoxyphenethylamine. Some trade or other names:\\n2-(4-bromo-2,5-dimethoxyphenyl)-1-aminoethane; alpha-desmethyl DOB;\\n2C-B, Nexus.\\n (32) 2,5-dimethoxy-4-(n)-propylthiophenethylamine (2C-T-7), its\\noptical isomers, salts and salts of isomers.\\n (33) 2-(4-iodo-2,5-dimethoxyphenyl)-N-(2-methoxybenzyl)ethanamine,\\nalso known as 25I-NBOMe; 2C-I-NBOMe; 25I; or Cimbi-5.\\n (34) 2-(4-chloro-2,5-dimethoxyphenyl)-N-(2-methoxybenzyl)ethanamine,\\nalso known as 25 CNBOMe; 2C-C-NBOMe; 25C; or Cimbi-82.\\n (35) 2-(4-bromo-2,5-dimethoxyphenyl)-N-(2-methoxybenzyl)ethanamine,\\nalso known as, 25 BNBOMe; 2C-B-NBOMe; Cimbi-36.\\n (36) 5-methoxy-N,N-dimethyltryptamine.\\n (37) Alpha-methyltryptamine. Some trade or other names: AMT.\\n (38) 5-methoxy-N,N-diisopropyltryptamine. Some trade or other names:\\n5-MeO-DIPT.\\n (e) Depressants. Unless specifically excepted or unless listed in\\nanother schedule, any material, compound, mixture, or preparation which\\ncontains any quantity of the following substances having a depressant\\neffect on the central nervous system, including its salts, isomers, and\\nsalts of isomers whenever the existence of such salts, isomers, and\\nsalts of isomers is possible within the specific chemical designation:\\n (1) Mecloqualone.\\n (2) Methaqualone.\\n (3) Phencyclidine.\\n (4) Gamma hydroxybutyric acid, and salt, hydroxybutyric compound,\\nderivative or preparation of gamma hydroxybutyric acid, including any\\nisomers, esters and ethers and salts of isomers, esters and ethers of\\ngamma hydroxybutyric acid, except gamma-butyrolactone, whenever the\\nexistence of such isomers, esters and ethers and salts is possible\\nwithin the specific chemical.\\n (5) Gamma-butyrolactone, including butyrolactone; butyrolactone gamma;\\n4-butyrolactone; 2(3H)-furanone dihydro; dihydro-2(3H)-furanone;\\ntetrahydro-2-furanone; 1,2-butanolide; 1,4-butanolide; 4-butanolide;\\ngamma-hydroxybutyric acid lactone; 3-hydroxybutyric acid lactone and\\n4-hydroxybutanoic acid lactone with Chemical Abstract Service number\\n(96-48-0) when any such substance is intended for human consumption.\\n (6) 1,4 butanediol, including butanediol; butane-1,4-diol;\\n1,4-butylene glyco; butylene glycol; 1,4-dihydroxybutane;\\n1,4-tetramethylene glycol; tetramethylene glycol; tetramethylene\\nAbstract Service number (110-63-4) when any such substance is intended\\nfor human consumption.\\n (f) Stimulants. Unless specifically excepted or unless listed in\\nanother schedule, any material, compound, mixture, or preparation which\\ncontains any quantity of the following substances having a stimulant\\neffect on the central nervous system, including its salts, isomers, and\\nsalts of isomers:\\n (1) Fenethylline.\\n (2) N-ethylamphetamine.\\n (3) (+ -)cis-4-methylaminorex ((+ -)cis-4,5-dihydro-4-methyl -5-phenyl\\n-2-oxazolamine).\\n (4) N,N-dimethylamphetamine (also known as N,N-alpha-\\ntrimethyl-benzeneethanamine; N,N-alpha- trimethylphenethylamine).\\n (5) Methcathinone (some other names: 2-(methylamino) - propiophenone;\\nalpha-(methylamino) propiophenone; 2-(methylamino) -1-phenylpropan-\\n1-one; alpha-N- methylaminopropiophenone; monomethylpropion; ephedrone,\\nN-methylcathinone, methylcathinone; AL-464; AL-422; AL-463 and UR1432),\\nits salts, optical isomers and salts of optical isomers.\\n (6) Aminorex. Some other names: aminoxaphen; 2-amino-5-phenyl\\n-2-oxazoline; or 4,5-dihydro-5-phenyl-2-oxazolamine.\\n (7) Cathinone. Some trade or other names:\\n2-amino-1-phenyl-1-propanone, alpha-aminopropiophenone,\\n2-aminopropiophenone, and norephedrone.\\n (8) N-benzylpiperazine (some other names: BZP; 1-benzylpiperazine),\\nits optical isomers, salts and salts of isomers.\\n (9) 4-methyl-N-methylcathinone or 4-Methylmethcathinone, also known as\\nMephedrone.\\n (10) 3,4-methylenedioxypyrovalerone or Methylenedioxypyrovalerone,\\nalso known as MDPV.\\n (11) 3,4-methylenedioxy-N-methylcathinone (some other names:\\nmethylone).\\n (12) 4-Methoxymethcathinone.\\n (13) 3-Fluoromethcathinone.\\n (14) 4-Fluoromethcathinone.\\n (15) Ethylpropion (Ethcathinone).\\n (16) 2-(2,5-Dimethoxy-4-ethylphenyl)ethanamine (2C-E).\\n (17) 2-(2,5-Dimethoxy-4-methylphenyl)ethanamine (2C-D).\\n (18) 2-(4-Chloro-2,5-dimethoxyphenyl)ethanamine (2C-C).\\n (19) 2-(4-Iodo-2,5-dimethoxyphenyl)ethanamine (2C-I).\\n (20) 2-{4-(Ethylthio)-2,5-dimethoxyphenyl}ethanamine (2C-T-2).\\n (21) 2-{4-(Isopropylthio)-2,5-dimethoxyphenyl}ethanamine (2C-T-4).\\n (22) 2-(2,5-Dimethoxyphenyl)ethanamine (2C-H).\\n (23) 2-(2,5-Dimethoxy-4-nitro-phenyl)ethanamine (2C-N).\\n (24) 2-(2,5-Dimethoxy-4-(n)-propylphenyl)ethanamine (2C-P).\\n (g) Synthetic cannabinoids. Unless specifically excepted or unless\\nlisted in another schedule, any material, compound, mixture, or\\npreparation, which contains any quantity of the following synthetic\\ncannabinoid substances, or which contains any of its salts, isomers, and\\nsalts of isomers whenever the existence of such salts, isomers, and\\nsalts of isomers is possible within the specific chemical designation\\n(for purposes of this paragraph only, the term \"isomer\" includes the\\noptical, position and geometric isomers):\\n (1) (1-pentyl-1H-indol-3-yl)(2,2,3,3-tetramethylcyclopropyl)\\nmethanone. Some trade or other names: UR-144.\\n (2) {1-(5-fluro-pentyl)-1H-indol-3-yl}(2,2,3,3-tetramethylcyclopropyl)\\nmethanone. Some trade names or other names: 5-fluoro-UR-144, XLR11.\\n (3) N-(1-adamantyl)-1-pentyl-1H-indazole-3-carboxamide. Some trade or\\nother names: APINACA, AKB48.\\n (4) quinolin-8-yl 1-pentyl-1H-indole-3-carboxylate. Some trade or\\nother names: PB-22; QUPIC.\\n (5) quinolin-8-yl 1-(5-fluoropentyl)-1H-indole-3-carboxylate. Some\\ntrade or other names: 5-fluoro-PB-22; 5F-PB-22.\\n (6) N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-(4-fluorobenzyl)-1H-indazo-\\nle-3-carboxamide. Some trade or other names: AB-FUBINACA.\\n (7) N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1-pentyl-1H-indazole-3-\\ncarboxamide. Some trade or other names: ADB-PINACA.\\n (8) N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-(cyclohexylmethyl)-1H-\\nindazole-3-carboxamide. Some trade or other names: AB-CHMINACA.\\n (9) N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-pentyl-1H-indazole-3-\\ncarboxamide. Some trade or other names: AB-PINACA.\\n (10) {1-(5-fluoropentyl)-1H-indazol-3-yl}(naphthalen-1-y1)methanone.\\nSome trade or other names: THJ-2201.\\n (h) (1) Cannabimimetic agents. Unless specifically exempted or unless\\nlisted in another schedule, any material, compound, mixture, or\\npreparation that is not approved by the federal food and drug\\nadministration (FDA) which contains any quantity of cannabimimetic\\nagents, or which contains their salts, isomers, and salts of isomers\\nwhenever the existence of such salts, isomers, and salts of isomers is\\npossible within the specific chemical designation.\\n (2) As used in this subdivision, the term \"cannabimimetic agents\"\\nmeans any substance that is a cannabinoid receptor type 1 (CB1 receptor)\\nagonist as demonstrated by binding studies and functional assays within\\nany of the following structural classes:\\n (i) 2-(3-hydroxycyclohexyl)phenol with substitution at the 5-position\\nof the phenolic ring by alkyl or alkenyl, whether or not substituted on\\nthe cyclohexyl ring to any extent.\\n (ii) 3-(1-naphthoyl)indole or 3-(1-naphthylmethane)indole by\\nsubstitution at the nitrogen atom of the indole ring, whether or not\\nfurther substituted on the indole ring to any extent, whether or not\\nsubstituted on the naphthoyl or naphthyl ring to any extent.\\n (iii) 3-(1-naphthoyl)pyrrole by substitution at the nitrogen atom of\\nthe pyrrole ring, whether or not further substituted in the pyrrole ring\\nto any extent, whether or not substituted on the naphthoyl ring to any\\nextent.\\n (iv) 1-(1-naphthylmethylene)indene by substitution of the 3-position\\nof the indene ring, whether or not further substituted in the indene\\nring to any extent, whether or not substituted on the naphthyl ring to\\nany extent.\\n (v) 3-phenylacetylindole or 3-benzoylindole by substitution at the\\nnitrogen atom of the indole ring, whether or not further substituted in\\nthe indole ring to any extent, whether or not substituted on the phenyl\\nring to any extent.\\n (3) Such term includes:\\n (i) 5-(1,1-dimethylheptyl)-2-{(1R,3S)-3-hydroxycyclohexyl}-phenol\\n(CP-47,497);\\n (ii) 5-(1,1-dimethyloctyl)-2-{(1R,3S)-3-hydroxycyclohexyl}-phenol\\n(cannabicyclohexanol or CP-47,497 C8-homolog);\\n (iii) 1-pentyl-3-(1-naphthoyl)indole (JWH-018 and AM678);\\n (iv) 1-butyl-3-(1-naphthoyl)indole (JWH-073);\\n (v) 1-hexyl-3-(1-naphthoyl)indole (JWH-019);\\n (vi) 1-{2-(4-morpholinyl)ethyl}-3-(1-naphthoyl)indole (JWH-200);\\n (vii) 1-pentyl-3-(2-methoxyphenylacetyl)indole (JWH-250);\\n (viii) 1-pentyl-3-{1-(4-methoxynaphthoyl)}indole (JWH-081);\\n (ix) 1-pentyl-3-(4-methyl-1-naphthoyl)indole (JWH-122);\\n (x) 1-pentyl-3-(4-chloro-1-naphthoyl)indole (JWH-398);\\n (xi) 1-(5-fluoropentyl)-3-(1-naphthoyl)indole (AM2201);\\n (xii) 1-(5-fluoropentyl)-3-(2-iodobenzoyl)indole (AM694);\\n (xiii) 1-pentyl-3-{(4-methoxy)-benzoyl}indole (SR-19 and RCS-4);\\n (xiv) 1-cyclohexylethyl-3-(2-methoxyphenylacetyl)indole (SR-18 and\\nRCS-8); and\\n (xv) 1-pentyl-3-(2-chlorophenylacetyl)indole (JWH-203).\\n Schedule II. (a) Schedule II shall consist of the drugs and other\\nsubstances, by whatever official name, common or usual name, chemical\\nname, or brand name designated, listed in this section.\\n (b) Substances, vegetable origin or chemical synthesis. Unless\\nspecifically excepted or unless listed in another schedule, any of the\\nfollowing substances whether produced directly or indirectly by\\nextraction from substances of vegetable origin, or independently by\\nmeans of chemical synthesis, or by a combination of extraction and\\nchemical synthesis:\\n (1) Opium and opiate, and any salt, compound, derivative, or\\npreparation of opium or opiate, excluding apomorphine, dextrorphan,\\nnalbuphine, nalmefene, naloxone, and naltrexone, and their respective\\nsalts, but including the following:\\n 1. Raw opium.\\n 2. Opium extracts.\\n 3. Opium fluid.\\n 4. Powdered opium.\\n 5. Granulated opium.\\n 6. Tincture of opium.\\n 7. Codeine.\\n 8. Ethylmorphine.\\n 9. Etorphine hydrochloride.\\n 10. Hydrocodone (also known as dihydrocodeinone).\\n 11. Hydromorphone.\\n 12. Metopon.\\n 13. Morphine.\\n 14. Oxycodone.\\n 15. Oxymorphone.\\n 16. Thebaine.\\n 17. Dihydroetorphine.\\n 18. Oripavine.\\n (2) Any salt, compound, derivative, or preparation thereof which is\\nchemically equivalent or identical with any of the substances referred\\nto in this section, except that these substances shall not include the\\nisoquinoline alkaloids of opium.\\n (3) Opium poppy and poppy straw.\\n (4) Coca leaves and any salt, compound, derivative, or preparation of\\ncoca leaves, and any salt, compound, derivative, or preparation thereof\\nwhich is chemically equivalent or identical with any of these substances\\nincluding cocaine and ecgonine, their salts, isomers, and salts of\\nisomers, except that the substances shall not include: (A) decocainized\\ncoca leaves or extraction of coca leaves, which extractions do not\\ncontain cocaine or ecgonine; or (B) {123I} ioflupane.\\n (5) Concentrate of poppy straw (the crude extract of poppy straw in\\neither liquid, solid or powder form which contains the phenanthrene\\nalkaloids of the opium poppy).\\n (b-1) Unless specifically excepted or unless listed in another\\nschedule, any material, compound, mixture, or preparation containing any\\nof the following, or their salts calculated as the free anhydrous base\\nor alkaloid, in limited quantities as set forth below:\\n (1) Not more than three hundred milligrams of dihydrocodeinone\\n(hydrocodone) per one hundred milliliters or not more than fifteen\\nmilligrams per dosage unit, with a fourfold or greater quantity of an\\nisoquinoline alkaloid of opium.\\n (2) Not more than three hundred milligrams of dihydrocodeinone\\n(hydrocodone) per one hundred milliliters or not more than fifteen\\nmilligrams per dosage unit, with one or more active nonnarcotic\\ningredients in recognized therapeutic amounts.\\n (c) Opiates. Unless specifically excepted or unless in another\\nschedule any of the following opiates, including its isomers, esters,\\nethers, salts and salts of isomers, esters and ethers whenever the\\nexistence of such isomers, esters, ethers, and salts is possible within\\nthe specific chemical designation, dextrorphan and levopropoxyphene\\nexcepted:\\n (1) Alfentanil.\\n (2) Alphaprodine.\\n (3) Anileridine.\\n (4) Bezitramide.\\n (5) Bulk dextropropoxyphene (non-dosage forms).\\n (6) Carfentanil.\\n (7) Dihydrocodeine.\\n (8) Diphenoxylate.\\n (9) Fentanyl.\\n (10) Isomethadone.\\n (11) Levo-alphacetylmethadol (also known as levo-alpha-acetylmethadol,\\nlevomethadylacetate or LAAM).\\n (12) Levomethorphan.\\n (13) Levorphanol.\\n (14) Metazocine.\\n (15) Methadone.\\n (16) Methadone-intermediate, 4-cyano-2-dimethylamino-4, 4-diphenyl\\nbutane.\\n (17) Moramide-intermediate, 2-methyl-3-morpholino-1,\\n1--diphenylpropane--carboxylic acid.\\n (18) Pethidine (meperidine).\\n (19) Pethidine-intermediate-A, 4-cyano-1-methyl-4-phenylpiperidine.\\n (20) Pethidine-intermediate-B, ethyl-4-phenylpiperidine-4-carboxylate.\\n (21) Pethidine-intermediate-C, 1--methyl--4-- phenylpiperidine--4--\\ncarboxylic acid.\\n (22) Phenazocine.\\n (23) Piminodine.\\n (24) Racemethorphan.\\n (25) Racemorphan.\\n (26) Sufentanil.\\n (27) Remifentanil.\\n (28) Tapentadol.\\n (d) Stimulants. Unless specifically excepted or unless listed in\\nanother schedule, any material, compound, mixture, or preparation which\\ncontains any quantity of the following substances having a stimulant\\neffect on the central nervous system, including its salts, isomers, and\\nsalts of isomers:\\n (1) Amphetamine.\\n (2) Methamphetamine.\\n (3) Phenmetrazine.\\n (4) Methylphenidate.\\n (5) Lisdexamfetamine.\\n (e) Depressants. Unless specifically excepted or unless listed in\\nanother schedule, any material, compound, mixture, or preparation which\\ncontains any quantity of the following substances having a depressant\\neffect on the central nervous system, including its salts, isomers, and\\nsalts of isomers whenever the existence of such salts, isomers, and\\nsalts of isomers is possible within the specific chemical designation:\\n (1) Amobarbital.\\n (2) Glutethimide.\\n (3) Pentobarbital.\\n (4) Secobarbital.\\n (f) Hallucinogenic substances.\\n Nabilone: Another name for nabilone: (+,-)-trans\\n-3-(1,1-dimethylheptyl)-6, 6a, 7, 8, 10, 10a-hexahydro-1-hydroxy-6,\\n6-dimethyl-9H-dibenzo{b,d}pyran-9-one.\\n (g) Immediate precursors. Unless specifically excepted or unless\\nlisted in another schedule, any material, compound, mixture or\\npreparation which contains any quantity of the following substances:\\n (1) Immediate precursor to amphetamine and methamphetamine:\\n (i) Phenylacetone Some trade or other names: pheny1-2-propanone; P2P;\\nbenzyl methyl ketone; methyl benzyl ketone;\\n (2) Immediate precursors to phencyclidine (PCP):\\n (i) 1-phenylcyclohexylamine;\\n (ii) 1-piperidinocyclohexanecarbonitrile (PCC).\\n (3) Immediate precursor to fentanyl:\\n (i) 4-anilino-N-phenethyl-4-piperidine (ANPP).\\n (h) Anabolic steroids. Unless specifically excepted or unless listed\\nin another schedule, \"anabolic steroid\" shall mean any drug or hormonal\\nsubstance, chemically and pharmacologically related to testosterone\\n(other than estrogens, progestins, corticosteroids and\\ndehydroepiandrosterone) and includes:\\n (1) 3{beta}, 17-dihydroxy-5a-androstane.\\n (2) 3{alpha}, 17{beta}-dihydroxy-5a-androstane.\\n (3) 5{alpha}-androstan-3,17-dione.\\n (4) 1-androstenediol (3{beta},17{beta}-dihydroxy-5{alpha}-androst-1-\\nene).\\n (5) 1-androstenediol (3{alpha},17{beta}-dihydroxy-5{alpha}-androst-1-\\nene).\\n (6) 4-androstenediol (3{beta}, 17{beta}-dihydroxy-androst-4-ene).\\n (7) 5-androstenediol (3{beta}, 17{beta}-dihydroxy-androst-5-ene).\\n (8) 1-androstenedione ({5{alpha}}-androst-1-en-3,17-dione).\\n (9) 4-androstenedione (androst-4-en-3,17-dione).\\n (10) 5-androstenedione (androst-5-en-3,17-dione).\\n (11) Bolasterone (7{alpha},17{alpha}-dimethyl-17{beta}-hydroxyandrost-\\n4-en-3-one).\\n (12) Boldenone (17{beta}-hydroxyandrost-1, 4,-diene-3-one).\\n (13) Boldione (androsta-1,4-diene-3,17-dione).\\n (14) Calusterone (7{beta}, 17{alpha}-dimethyl-17{beta}-hydroxyandrost-\\n4-en-3-one).\\n (15) Clostebol (4-chloro-17{beta}-hydroxyandrost-4-en-3-one).\\n (16) Dehydrochloromethyltestosterone (4-chloro-17{beta}-hydroxy-17\\n{alpha}-methyl-androst-1, 4-dien-3-one).\\n (17) {Delta} 1-dihydrotestosterone (a.k.a. '1-testosterone') (17\\n{beta}-hydroxy-5{alpha}-androst-1-en-3-one).\\n (18) 4-dihydrotestosterone (17{beta}-hydroxy-androstan-3-one).\\n (19) Drostanolone (17{beta}-hydroxy-2{alpha}-methyl-5{alpha}\\n-androstan-3-one).\\n (20) Ethylestrenol (17{alpha}-ethyl-17{beta}-hydroxyestr- 4-ene).\\n (21) Fluoxymesterone (9-fluoro-17{alpha}-methyl-11{beta}, 17 {beta}-\\ndihydroxyandrost-4-en-3-one).\\n (22) Formebolone (2-formyl-17{alpha}-methyl-11{alpha},\\n17{beta}-dihydroxyandrost-1, 4-dien-3-one).\\n (23) Furazabol (17{alpha}-methyl-17{beta}-hydroxyandrostano\\n{2, 3-c}-furazan).\\n (24) 13{beta}-ethyl-17{beta}-hyroxygon-4-en-3-one.\\n (25) 4-hydroxytestosterone (4, 17{beta}-dihydroxy-androst-4-en-3-one).\\n (26) 4-hydroxy-19-nortestosterone\\n(4,17{beta}-dihydroxy-estr-4-en-3-one).\\n (27) desoxymethyltestosterone\\n(17{alpha}-methyl-5{alpha}-androst-2-en-17{beta}-ol) (a.k.a., madol).\\n (28) Mestanolone (17{alpha}-methyl-17{beta}-hydroxy-\\n5-androstan-3-one).\\n (29) Mesterolone (1{alpha} methyl-17{beta}-hydroxy-\\n{5{alpha}}-androstan-3-one).\\n (30) Methandienone (17{alpha}-methyl-17{beta}-hydroxyandrost-1,\\n4-dien-3-one).\\n (31) Methandriol (17{alpha}-methyl-3{beta},\\n17{beta}-dihydroxyandrost-5-ene).\\n (32) Methenolone (1-methyl-17{beta}-hydroxy-5{alpha}-androst-\\n1-en-3-one).\\n (33) 17{alpha}-methyl-3{beta},17{beta}-dihydroxy-5a-androstane.\\n (34) 17{alpha}-methyl-3{alpha}, 17{beta}-dihydroxy- 5a-androstane.\\n (35) 17{alpha}-methyl-3{beta}, 17{beta}-dihydroxyandrost-4-ene.\\n (36) 17{alpha}-methyl-4-hydroxynandrolone (17{alpha}-methyl-4-\\nhydroxy-17{beta}-hydroxyestr-4-en-3-one).\\n (37) Methyldienolone (17{alpha}-methyl-17{beta}-hydroxyestra-\\n4,9(10)-dien-3-one).\\n (38) Methyltrienolone (17{alpha}-methyl-17{beta}-hydroxyestra-4,\\n9-11-trien-3-one).\\n (39) Methyltestosterone (17{alpha}-methyl-17{beta}-hydroxyandrost-\\n4-en-3-one).\\n (40) Mibolerone (7{alpha},17{alpha}-dimethyl-17{beta}-hydroxyestr-\\n4-en-3-one).\\n (41) 17{alpha}-methyl-{Delta} 1-dihydrotestosterone\\n(17b{beta}-hydroxy-17{alpha}-methyl-5{alpha}-androst-1-en-3-one)\\n(a.k.a. '17-{alpha}-methyl-1-testosterone').\\n (42) Nandrolone(17{beta}-hydroxyestr-4-en-3-one).\\n (43) 19-nor-4-androstenediol (3{beta},17{beta}-dihydroxyestr -4-ene).\\n (44) 19-nor-4-androstenediol (3{alpha},17{beta}-dihydroxyestr-4-ene).\\n (45) 19-nor-5-androstenediol (3{beta},17{beta}-dihydroxyestr -5-ene).\\n (46) 19-nor-5-androstenediol (3{alpha},17{beta}-dihydroxyestr-5-ene).\\n (47) 19-nor-4,9(10)-androstadienedione\\n(estra-4,9(10)-diene-3,17-dione).\\n (48) 19-nor-4-androstenedione (estr-4-en-3,17-dione).\\n (49) 19-nor-5-androstenedione (estr-5-en-3,17-dione).\\n (50) Norbolethone (13{beta}, 17{alpha}-diethyl-17{beta}\\n-hydroxygon-4-en-3-one).\\n (51) Norclostebol (4-chloro-17{beta}-hydroxyestr-4-en-3-one).\\n (52) Norethandrolone (17{alpha}-ethyl-17{beta}-hydroxyestr-\\n4-en-3-one).\\n (53) Normethandrolone (17{alpha}-methyl-17{beta}\\n-hydroxyestr-4-en-3-one).\\n (54) Oxandrolone (17{alpha}-methyl-17{beta}-hydroxy-2-oxa-\\n{5{alpha}}-androstan-3-one).\\n (55) Oxymesterone (17{alpha}-methyl-4, 17{beta}-dihydroxy\\nandrost-4-en-3-one).\\n (56) Oxymetholone (17 {alpha}-methyl-2-hydroxymethylene-17\\n{beta}-hydroxy-{5{alpha}}- androstan-3-one).\\n (57) Stanozolol (17{alpha}-methyl-17{beta}-hydroxy-{5{alpha}}-\\nandrost-2-eno{3, 2-c}-pyrazole).\\n (58) Stenbolone (17{beta}-hydroxy-2-methyl-{5{alpha}}-androst-\\n1-en-3-one).\\n (59) Testolactone (13-hydroxy-3-oxo-13, 17-secoandrosta-1,\\n4-dien-17-oic acid lactone).\\n (60) Testosterone (17{beta}-hydroxyandrost-4-en-3-one).\\n (61) Tetrahydrogestrinone (13{beta}, 17{alpha}-diethyl\\n-17{beta}-hydroxygon-4, 9, 11-trien-3-one).\\n (62) Trenbolone (17{beta}-hydroxyestr-4, 9, 11-trien-3-one).\\n (63) Any salt, ester or ether of a drug or substance described or\\nlisted in this subdivision.\\n (i) Subdivision (h) of this section shall not include any substance\\ncontaining anabolic steroids expressly intended for administration\\nthrough implants to cattle or other nonhuman species and that are\\napproved by the federal food and drug administration solely for such\\nuse. Any individual who knowingly and willfully administers to himself\\nor another person, prescribes, dispenses or distributes such substances\\nfor other than implantation to cattle or nonhuman species shall be\\nsubject to the same penalties as a practitioner who violates the\\nprovisions of this section or any other penalties prescribed by law.\\n Schedule III. (a) Schedule III shall consist of the drugs and other\\nsubstances, by whatever official name, common or usual name, chemical\\nname, or brand name designated, listed in this section.\\n (b) Stimulants. Unless specifically excepted or unless listed in\\nanother schedule, any material, compound, mixture, or preparation which\\ncontains any quantity of the following substances having a stimulant\\neffect on the central nervous system, including its salts, isomers\\n(whether optical, position, or geometric), and salts of such isomers\\nwhenever the existence of such salts, isomers, and salts of isomers is\\npossible within the specific chemical designation:\\n (1) Those compounds, mixtures, or preparations in dosage unit form\\ncontaining any stimulant substances listed in schedule II which\\ncompounds, mixtures, or preparations were listed on August twenty-five,\\nnineteen hundred seventy-one, as excepted compounds under title\\ntwenty-one, section 308.32 of the code of federal regulations and any\\nother drug of the quantitive composition shown in that list for those\\ndrugs or which is the same except that it contains a lesser quantity of\\ncontrolled substances.\\n (2) Benzphetamine.\\n (3) Chlorphentermine.\\n (4) Clortermine.\\n (6) Phendimetrazine.\\n (c) Depressants. Unless specifically excepted or unless listed in\\nanother schedule, any material, compound, mixture, or preparation which\\ncontains any quantity of the following substances having a depressant\\neffect on the central nervous system, including its salts, isomers, and\\nsalts of isomers:\\n (1) Any compound, mixture or preparation containing:\\n (i) Amobarbital;\\n (ii) Secobarbital;\\n (iii) Pentobarbital;\\nor any salt thereof and one or more other active medicinal ingredients\\nwhich are not listed in any schedule.\\n (2) Any suppository dosage form containing:\\n (i) Amobarbital;\\n (ii) Secobarbital;\\n (iii) Pentobarbital;\\nor any salt of any of these drugs and approved by the federal food and\\ndrug administration for marketing only as a suppository.\\n (3) Any substance which contains any quantity of a derivative of\\nbarbituric acid or any salt thereof.\\n (4) Chlorhexadol.\\n (5) Lysergic acid.\\n (6) Lysergic acid amide.\\n (7) Methyprylon.\\n (8) Sulfondiethylmethane.\\n (9) Sulfonethylmethane.\\n (10) Sulfonmethane.\\n (11) Tiletamine and zolazepam or any salt thereof. Some trade or other\\nnames for a tiletamine-zolazepam combination product: Telazol. Some\\ntrade or other names for tiletamine: 2-(ethylamino) -2-(2-thienyl)\\n-cyclohexanone. Some trade or other names for zolazepam:\\n4-(2-fluorophenyl) -6,8-dihydro -1, 3, 8i-trimethylpyrazolo-{3,4-e}\\n{1,4} -diazepin-7(1H)-one, flupyrazapon.\\n (12) Gamma hydroxybutyric acid, and salt, hydroxybutyric compound,\\nderivative or preparation of gamma hydroxybutyric acid, including any\\nisomers, esters and ethers and salts of isomers, esters and ethers of\\ngamma hydroxybutyric acid, contained in a drug product for which an\\napplication has been approved under section 505 of the federal food,\\ndrug and cosmetic act.\\n (13) Ketamine, its salts, isomers and salts of isomers (some\\nother names for ketamine: (±)-2-(2-chlorophenyl)-2-(methylamino)-\\ncyclohexanone).\\n (14) Embutramide.\\n (d) Nalorphine.\\n (e) Narcotic drugs. Unless specifically excepted or unless listed in\\nanother schedule, any material, compound, mixture, or preparation\\ncontaining any of the following narcotic drugs, or their salts\\ncalculated as the free anhydrous base or alkaloid, in limited quantities\\nas set forth below:\\n (1) Not more than 1.8 grams of codeine per one hundred milliliters or\\nnot more than ninety milligrams per dosage unit, with an equal or\\ngreater quantity of an isoquinoline alkaloid of opium.\\n (2) Not more than 1.8 grams of codeine per one hundred milliliters or\\nnot more than ninety milligrams per dosage unit, with one or more\\nactive, nonnarcotic ingredients in recognized therapeutic amounts.\\n (3) Not more than 1.8 grams of dihydrocodeine per one hundred\\nmilliliters or not more than ninety milligrams per dosage unit, with one\\nor more active nonnarcotic ingredients in recognized therapeutic\\namounts.\\n (4) Not more than three hundred milligrams of ethylmorphine per one\\nhundred milliliters or not more than fifteen milligrams per dosage unit,\\nwith one or more active, nonnarcotic ingredients in recognized\\ntherapeutic amounts.\\n (5) Not more than five hundred milligrams of opium per one hundred\\nmilliliters or per one hundred grams or not more than twenty-five\\nmilligrams per dosage unit, with one or more active, nonnarcotic\\ningredients in recognized therapeutic amounts.\\n (6) Not more than fifty milligrams of morphine per one hundred\\nmilliliters or per one hundred grams, with one or more active,\\nnonnarcotic ingredients in recognized therapeutic amounts.\\n (7) Buprenorphine in any quantities.\\n (f) Dronabinol (synthetic) in sesame oil and encapsulated in a soft\\ngelatin capsule in a U.S. Food and Drug Administration approved product.\\n Some other names for dronabinol include: (6aR-trans)-6a, 7, 8,\\n10a-tetrahydro-6, 6, 9-trimethyl-3-pentyl-6H-dibenzo{b,d} pyran-1-o1, or\\n(-)-delta-9-(trans) - tetrahydrocannabinol.\\n (g) Chorionic gonadotropin. (1) Unless specifically excepted or unless\\nlisted in another schedule any material, compound, mixture, or\\npreparation which contains any amount of chorionic gonadotropin.\\n (2) Paragraph one of this subdivision shall not include any substance\\ncontaining chorionic gonadotropin expressly intended for administration\\nthrough implants or injection to cattle or other nonhuman species and\\nthat are approved by the federal food and drug administration solely for\\nsuch use. Any individual who knowingly and willfully administers to\\nhimself or another person, prescribes, dispenses or distributes such\\nsubstances for other than implantation or injection to cattle or\\nnonhuman species shall be subject to the same penalties as a\\npractitioner who violates the provisions of this section or any other\\npenalties prescribed by law.\\n Schedule IV. (a) Schedule IV shall consist of the drugs and other\\nsubstances, by whatever official name, common or usual name, chemical\\nname, or brand name designated, listed in this section.\\n (b) Narcotic drugs. Unless specifically excepted or unless listed in\\nanother schedule, any material, compound, mixture, or preparation\\ncontaining any of the following narcotic drugs, or their salts\\ncalculated as the free anhydrous base or alkaloid, in limited quantities\\nas set forth below:\\n (1) Not more than one milligram of difenoxin and not less than\\ntwenty-five micrograms of atropine sulfate per dosage unit.\\n (2) Dextropropoxyphene (alpha-(+)-4-dimethylamino-1, 2-diphenyl-3-\\nmethyl-2-propionoxybutane).\\n (c) Depressants. Unless specifically excepted or unless listed in\\nanother schedule, any material, compound, mixture, or preparation which\\ncontains any quantity of the following substances, including its salts,\\nisomers, and salts of isomers whenever the existence of such salts,\\nisomers, and salts of isomers is possible within the specific chemical\\ndesignation:\\n (1) Alprazolam.\\n (2) Barbital.\\n (3) Bromazepam.\\n (4) Camazepam.\\n (5) Chloral betaine.\\n (6) Chloral hydrate.\\n (7) Chlordiazepoxide.\\n (8) Clobazam.\\n (9) Clonazepam.\\n (10) Clorazepate.\\n (11) Clotiazepam.\\n (12) Cloxazolam.\\n (13) Delorazepam.\\n (14) Diazepam.\\n (15) Estazolam.\\n (16) Ethchlorvynol.\\n (17) Ethinamate.\\n (18) Ethyl Loflazepate.\\n (19) Fludiazepam.\\n (20) Flunitrazepam.\\n (21) Flurazepam.\\n (22) Halazepam.\\n (23) Haloxazolam.\\n (24) Ketazolam.\\n (25) Loprazolam.\\n (26) Lorazepam.\\n (27) Lormetazepam.\\n (28) Mebutamate.\\n (29) Medazepam.\\n (30) Meprobamate.\\n (31) Methohexital.\\n (32) Methylphenobarbital (mephobarbital).\\n (33) Nimetazepam.\\n (34) Nitrazepam.\\n (35) Nordiazepam.\\n (36) Oxazepam.\\n (37) Oxazolam.\\n (38) Paraldehyde.\\n (39) Petrichoral.\\n (40) Phenobarbital.\\n (41) Pinazepam.\\n (42) Prazepam.\\n (43) Temazepam.\\n (44) Tetrazepam.\\n (45) Triazolam.\\n (46) Midazolam.\\n (47) Quazepam.\\n (48) Zolpidem.\\n (49) Dichloralphenazone.\\n (50) Zaleplon.\\n (51) Zopiclone (eszopiclone).\\n (52) Fospropofol.\\n (53) Carisoprodol.\\n * (d) Fenfluramine. Any material, compound, mixture, or preparation\\nwhich contains any quantity of the following substances, including its\\nsalts, isomers (whether optical, position, or geometric), and salts of\\nsuch isomers, whenever the existence of such salts, isomers and salts of\\nisomers is possible:\\n (1) Fenfluramine.\\n * NB Repealed upon the removal of fenfluramine and its salts and\\nisomers from Schedule IV of the federal Controlled Substances Act\\n (e) Stimulants. Unless specifically excepted or unless listed in\\nanother schedule, any material, compound, mixture, or preparation which\\ncontains any quantity of the following substances having a stimulant\\neffect on the central nervous system, including its salts, isomers, and\\nsalts of such isomers:\\n (1) Cathine ((+) - norpseudoephedrine).\\n (2) Diethylpropion.\\n (3) Fencamfamin.\\n (4) Fenproporex.\\n (5) Mazindol.\\n (6) Mefenorex.\\n (7) Pemoline (including organometallic complexes and chelates\\nthereof).\\n (8) Phentermine.\\n (9) Pipradrol.\\n (10) SPA((-))-1-dimethylamino-1, 2-diphenylethane).\\n (11) Modafinil.\\n (12) Sibutramine.\\n (f) Other substances. Unless specifically excepted or unless listed in\\nanother schedule, any material, compound, mixture or preparation which\\ncontains any quantity of the following substances, including its salts:\\n (1) Pentazocine.\\n (2) Butorphanol (including its optical isomers).\\n (3) Tramadol in any quantities.\\n Schedule V. (a) Schedule V shall consist of the drugs and other\\nsubstances, by whatever official name, common or usual name, chemical\\nname, or brand name designated, listed in this section.\\n (b) Narcotic drugs containing nonnarcotic active medicinal\\ningredients. Any compound, mixture, or preparation containing any of\\nthe following narcotic drugs, or their salts calculated as the free\\nanhydrous base or alkaloid, in limited quantities as set forth below,\\nwhich shall include one or more nonnarcotic active medicinal ingredients\\nin sufficient proportion to confer upon the compound, mixture, or\\npreparation valuable medicinal qualities other than those possessed by\\nnarcotic drugs alone:\\n (1) Not more than two hundred milligrams of codeine per one hundred\\nmilliliters or per one hundred grams.\\n (2) Not more than one hundred milligrams of dihydrocodeine per one\\nhundred milliliters or per one hundred grams.\\n (3) Not more than one hundred milligrams of ethylmorphine per one\\nhundred milliliters or per one hundred grams.\\n (4) Not more than 2.5 milligrams of diphenoxylate and not less than\\ntwenty-five micrograms of atropine sulfate per dosage unit.\\n (5) Not more than one hundred milligrams of opium per one hundred\\nmilliliters or per one hundred grams.\\n (6) Not more than 0.5 milligram of difenoxin and not less than\\ntwenty-five micrograms of atropine sulfate per dosage unit.\\n (c) Stimulants. Unless specifically exempted or excluded or unless\\nlisted in another schedule, any material, compound, mixture, or\\npreparation which contains any quantity of the following substances\\nhaving a stimulant effect on the central nervous system, including its\\nsalts, isomers and salts of isomers:\\n (1) Pyrovalerone.\\n (d) Depressants. Unless specifically exempted or excluded or unless\\nlisted in another schedule, any material, compound, mixture, or\\npreparation which contains any quantity of the following substances\\nhaving a depressant effect on the central nervous system, including its\\nsalts, isomers, and salts of isomers:\\n (1) Ezogabine {N-{2-amino-4-(4-fluorobenzylamino)-phenyl}-carbamic\\nacid ethyl ester}.\\n (2) Lacosamide {(R)-2-acetoamido-N-benzyl-3-methoxy-propionamide}.\\n (3) Pregabalin {(S)-3-(aminomethyl)-5-methylhexanoic acid }.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3307", "title" : "Exception from schedules", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2018-08-03", "2022-12-30" ], "docLevelId" : "3307", "activeDate" : "2018-08-03", "sequenceNo" : 1408, "repealedDate" : null, "fromSection" : "3307", "toSection" : "3307", "text" : " § 3307. Exception from schedules. 1. The commissioner may, by\\nregulation, except any compound, mixture, or preparation containing any\\ndepressant substance in paragraph (a) of schedule III or in schedule IV\\nfrom the application of all or any part of this article if (1) the\\ncompound, mixture, or preparation contains one or more active medicinal\\ningredients not having a depressant effect on the central nervous\\nsystem, and (2) such ingredients are included therein in such\\ncombinations, quantity, proportion, or concentration as to vitiate the\\npotential for abuse of the substances which do have a depressant effect\\non the central nervous system.\\n 2. The commissioner may, by regulation, reclassify as a schedule III\\nsubstance, any compound, mixture or preparation containing any stimulant\\nsubstance listed in paragraph (c) of schedule II, if\\n (a) the compound, mixture or preparation contains one or more active\\nmedicinal ingredients not having a stimulant effect on the central\\nnervous system; and\\n (b) such ingredients are included therein in such combinations,\\nquantity, proportion or concentration as to vitiate the potential for\\nabuse of the substances which do have a stimulant effect on the central\\nnervous system.\\n 3. The commissioner may, by regulation, except any compound, mixture\\nor preparation containing a narcotic antagonist substance from the\\napplication of all or any part of this article if (1) such compound,\\nmixture or preparation has no potential for abuse, and (2) such\\ncompound, mixture or preparation has been excepted or exempted from\\ncontrol under the Federal Controlled Substances Act.\\n 4. The commissioner may by regulation exempt or reclassify any\\ncompound, mixture or preparation containing any substance listed in\\nsubdivision (h) or (j) of Schedule II of section three thousand three\\nhundred six of this article as a Schedule III, IV or V substance if (a)\\nthe compound, mixture or preparation contains one or more active\\nmedicinal ingredients not found in subdivision (h) or (j) of Schedule II\\nof section three thousand three hundred six of this article; and (b)\\nsuch ingredients are included therein in such combinations, quantity,\\nproportion or concentration as to substantially reduce the potential for\\nabuse.\\n 5. The commissioner may by regulation or emergency regulation,\\nreclassify any compound, mixture or preparation containing any substance\\nlisted in Schedule I of section three thousand three hundred six of this\\ntitle as a Schedule II, III, IV or V substance, or exempt it from this\\narticle, if that same compound, mixture or preparation is redesignated\\nor rescheduled other than under Schedule I under the federal Controlled\\nSubstances Act, or deleted as a controlled substance under the federal\\nControlled Substances Act. If the commissioner acts under this\\nsubdivision and does not exempt the compound, mixture or preparation\\nfrom this article, he or she may only reclassify it to a newly created\\nsubdivision in the same numbered schedule or a higher numbered schedule\\nthan to which it is redesignated or rescheduled under the federal act.\\n 6. The commissioner shall establish minimum standards for the storage,\\nreporting, ordering and record keeping of controlled substances\\nspecified in subdivision (b-1) of schedule II of section thirty-three\\nhundred six of this article by manufacturers and distributors as if such\\nsubstances were set forth in schedule III of section thirty-three\\nhundred six of this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3308", "title" : "Powers and duties of the commissioner", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3308", "activeDate" : "2014-09-22", "sequenceNo" : 1409, "repealedDate" : null, "fromSection" : "3308", "toSection" : "3308", "text" : " § 3308. Powers and duties of the commissioner. 1. The commissioner,\\nand any representative authorized by him, shall have the power to\\nadminister oaths, compel the attendance of witnesses and the production\\nof books, papers and records and to take proof and testimony concerning\\nall matters within the jurisdiction of the department.\\n 2. The commissioner is hereby authorized and empowered to make any\\nrules, regulations and determinations which in his judgment may be\\nnecessary or proper to supplement the provisions of this article to\\neffectuate the purposes and intent thereof or to clarify its provisions\\nso as to provide the procedure or details to secure effective and proper\\nenforcement of its provisions.\\n 3. No rule or regulation hereunder shall become effective unless, at\\nleast twenty-one days prior to the proposed effective date, persons who\\nhave conveyed to the department in writing a request to be notified of\\nproposed changes and additions to the department's rules and regulations\\nunder this article have been provided with the text of such proposed\\nrules and regulations and have been given an opportunity to comment in\\nwriting thereon.\\n 4. The rules, regulations and determinations, when made and\\npromulgated by the commissioner, shall be the rules, regulations and\\ndeterminations of the department and, until modified or rescinded, shall\\nhave the force and effect of law. It shall be the duty of the\\ndepartment, to enforce all of the provisions of this article and all of\\nthe rules, regulations and determinations made thereunder.\\n 5. Notwithstanding any inconsistent provision of this article, the\\ncommissioner in consultation with the commissioner of education is\\nhereby authorized to promulgate regulations regarding the prescribing,\\ndispensing, use and transmission of electronic prescriptions, which may\\nbe prescribed and dispensed in lieu of an official New York state\\nprescription.\\n 6. The commissioner in consultation with the commissioner of education\\nis hereby authorized to promulgate regulations regarding the dispensing\\nof out-of-state prescriptions.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3309", "title" : "Opioid overdose prevention", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-05-01", "2015-08-14", "2016-07-01", "2019-11-22", "2020-01-24", "2020-08-28", "2021-04-23", "2021-12-31", "2022-01-07", "2022-03-04", "2022-07-01", "2023-03-10", "2023-04-28", "2024-12-20", "2025-03-21", "2025-12-19" ], "docLevelId" : "3309", "activeDate" : "2016-07-01", "sequenceNo" : 1410, "repealedDate" : null, "fromSection" : "3309", "toSection" : "3309", "text" : " § 3309. Opioid overdose prevention. 1. The commissioner is authorized\\nto establish standards for approval of any opioid overdose prevention\\nprogram, and opioid antagonist prescribing, dispensing, distribution,\\npossession and administration pursuant to this section which may\\ninclude, but not be limited to, standards for program directors,\\nappropriate clinical oversight, training, record keeping and reporting.\\n 2. Notwithstanding any inconsistent provisions of section sixty-five\\nhundred twelve of the education law or any other law, the purchase,\\nacquisition, possession or use of an opioid antagonist pursuant to this\\nsection shall not constitute the unlawful practice of a profession or\\nother violation under title eight of the education law or this article.\\n 3. (a) As used in this section:\\n (i) \"Opioid antagonist\" means a drug approved by the Food and Drug\\nAdministration that, when administered, negates or neutralizes in whole\\nor in part the pharmacological effects of an opioid in the body. \"Opioid\\nantagonist\" shall be limited to naloxone and other medications approved\\nby the department for such purpose.\\n (ii) \"Health care professional\" means a person licensed, registered or\\nauthorized pursuant to title eight of the education law to prescribe\\nprescription drugs.\\n (iii) \"Pharmacist\" means a person licensed or authorized to practice\\npharmacy pursuant to article one hundred thirty-seven of the education\\nlaw.\\n (iv) \"Opioid antagonist recipient\" or \"recipient\" means a person at\\nrisk of experiencing an opioid-related overdose, or a family member,\\nfriend or other person in a position to assist a person experiencing or\\nat risk of experiencing an opioid-related overdose, or an organization\\nregistered as an opioid overdose prevention program pursuant to this\\nsection or a school district, public library, board of cooperative\\neducational services, county vocational education and extension board,\\ncharter school, non-public elementary and/or secondary school in this\\nstate or any person employed by such district, library board or school.\\n (b)(i) A health care professional may prescribe by a patient-specific\\nor non-patient-specific prescription, dispense or distribute, directly\\nor indirectly, an opioid antagonist to an opioid antagonist recipient.\\n (ii) A pharmacist may dispense an opioid antagonist, through a\\npatient-specific or non-patient-specific prescription pursuant to this\\nparagraph, to an opioid antagonist recipient.\\n (iii) An opioid antagonist recipient may possess an opioid antagonist\\nobtained pursuant to this paragraph, may distribute such opioid\\nantagonist to a recipient, and may administer such opioid antagonist to\\na person the recipient reasonably believes is experiencing an opioid\\noverdose.\\n (iv) The provisions of this paragraph shall not be deemed to require a\\nprescription for any opioid antagonist that does not otherwise require a\\nprescription; nor shall it be deemed to limit the authority of a health\\ncare professional to prescribe, dispense or distribute, or of a\\npharmacist to dispense, an opioid antagonist under any other provision\\nof law.\\n (v) Any pharmacy with twenty or more locations in the state, shall\\neither: (1) pursue or maintain a non-patient-specific prescription with\\nan authorized health care professional to dispense an opioid antagonist\\nto a consumer upon request, as authorized by this section; or (2)\\nregister with the department as an opioid overdose prevention program.\\n 3-a. Any distribution of opioid antagonists through this program shall\\ninclude an informational card or sheet. The informational card or sheet\\nshall include, at a minimum, information on:\\n (a) how to recognize symptoms of an opioid overdose;\\n (b) steps to take prior to and after an opioid antagonist is\\nadministered, including calling first responders;\\n (c) the number for the toll free office of alcoholism and substance\\nabuse services HOPE line;\\n (d) how to access the office of alcoholism and substance abuse\\nservices' website; and\\n (e) any other information deemed relevant by the commissioner.\\n The educational card shall be provided in languages other than English\\nas deemed appropriate by the commissioner. The department shall make\\nsuch informational cards available to the opioid overdose prevention\\nprograms.\\n 4. Use of an opioid antagonist pursuant to this section shall be\\nconsidered first aid or emergency treatment for the purpose of any\\nstatute relating to liability.\\n A recipient, opioid overdose prevention program, school district,\\npublic library, board of cooperative educational services, county\\nvocational education and extension board, charter school, non-public\\nelementary school and/or secondary school in the state, or any person\\nemployed by such district, public library, board or school under this\\nsection, acting reasonably and in good faith in compliance with this\\nsection, shall not be subject to criminal, civil or administrative\\nliability solely by reason of such action.\\n 5. The commissioner shall publish findings on statewide opioid\\noverdose data that reviews overdose death rates and other information to\\nascertain changes in the cause and rates of opioid overdoses, including\\nfatal opioid overdoses. The report shall be submitted annually, on or\\nbefore October first, to the governor, the temporary president of the\\nsenate, the speaker of the assembly and the chairs of the senate and\\nassembly health committees, and shall be made public on the department's\\ninternet website. The report shall include, at a minimum, the following\\ninformation on a county basis:\\n (a) information on opioid overdoses and opioid overdose deaths,\\nincluding age, gender, ethnicity, and geographic location;\\n (b) data on emergency room utilization for the treatment of opioid\\noverdose;\\n (c) data on utilization of pre-hospital services;\\n (d) data on the dispensing and utilization of opioid antagonists; and\\n (e) any other information necessary to ascertain the success of the\\nprogram, areas of the state which are experiencing particularly high\\nrates of overdoses, ways to determine if services, resources and\\nresponses in particular areas of the state are having a positive impact\\non reducing overdoses, and ways to further reduce overdoses.\\n * 6. The commissioner shall provide the current information and data\\nspecified in subdivision five of this section to each county every three\\nmonths. Such information and data may be utilized by a county or any\\ncombination thereof as it works to address the opioid epidemic.\\n * NB Repealed March 31, 2021\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3309-A", "title" : "Prescription pain medication awareness program", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2016-07-01" ], "docLevelId" : "3309-A", "activeDate" : "2016-07-01", "sequenceNo" : 1411, "repealedDate" : null, "fromSection" : "3309-A", "toSection" : "3309-A", "text" : " § 3309-a. Prescription pain medication awareness program. 1. There is\\nhereby established within the department a prescription pain medication\\nawareness program to educate the public and health care practitioners\\nabout the risks associated with prescribing and taking controlled\\nsubstance pain medications.\\n 2. Within the amounts appropriated, the commissioner, in consultation\\nwith the commissioner of the office of alcoholism and substance abuse\\nservices, shall develop and conduct a public health education media\\ncampaign designed to alert youth, parents and the general population\\nabout the risks associated with prescription pain medications and the\\nneed to properly dispose of any unused medication. In developing this\\ncampaign, the commissioner shall consult with and use information\\nprovided by the work group established pursuant to subdivision four of\\nthis section and other relevant professional organizations. The campaign\\nshall include an internet website providing information for parents,\\nchildren and health care professionals on the risks associated with\\ntaking opioids and resources available to those needing assistance with\\nprescription pain medication addiction. Such website shall also provide\\ninformation regarding where individuals may properly dispose of\\ncontrolled substances in their community and include active links to\\nfurther information and resources. The campaign shall begin no later\\nthan September first, two thousand twelve.\\n 3. Course work or training in pain management, palliative care and\\naddiction. (a) Every person licensed under title eight of the education\\nlaw to treat humans, registered under the federal controlled substances\\nact and in possession of a registration number from the drug enforcement\\nadministration, United States Department of Justice or its successor\\nagency, and every medical resident who is prescribing under a facility\\nregistration number from the drug enforcement administration, United\\nStates Department of Justice or its successor agency, shall, on or\\nbefore July first, two thousand seventeen and once within each three\\nyear period thereafter, complete three hours of course work or training\\nin pain management, palliative care, and addiction approved by the\\ndepartment.\\n (b) Every person licensed on or after July first, two thousand\\nseventeen under title eight of the education law to treat humans,\\nregistered under the federal controlled substances act and in possession\\nof a registration number from the drug enforcement administration,\\nUnited States Department of Justice or its successor agency, and every\\nmedical resident who begins prescribing under a facility registration\\nnumber from the drug enforcement administration, United States\\nDepartment of Justice or its successor agency on or after July first,\\ntwo thousand seventeen, shall complete such course work or training\\nwithin one year of such registration and once within each three year\\nperiod thereafter.\\n (c) The commissioner, in consultation with the department of education\\nand the office of alcoholism and substance abuse services, shall\\nestablish standards and review and approve course work or training in\\npain management, palliative care, and addiction and shall publish\\ninformation related to such standards, course work or training on the\\ndepartment's website.\\n (d) Existing course work or training, including course work or\\ntraining developed by a nationally recognized health care professional,\\nspecialty, or provider association, or nationally recognized pain\\nmanagement association, may be considered in implementing this\\nsubdivision.\\n (e) Nothing shall preclude course work or training that meets the\\nrequirements of paragraph (c) of this subdivision from counting toward\\nthis requirement if taken online.\\n (f) Course work or training shall include, but not be limited to:\\nstate and federal requirements for prescribing controlled substances;\\npain management; appropriate prescribing; managing acute pain;\\npalliative medicine; prevention, screening and signs of addiction;\\nresponses to abuse and addiction; and end of life care.\\n (g) Each licensed person required by this subdivision to complete\\ncourse work or training shall document to the department by attestation\\non a form prescribed by the commissioner that such licensed person has\\ncompleted the course work or training required by this subdivision. For\\nmedical residents who are prescribing under a facility registration\\nnumber from the drug enforcement administration, United States\\nDepartment of Justice or its successor agency, such attestation shall be\\nmade by the facility.\\n (h) The department shall institute a procedure for application for an\\nexemption from said requirement. The department may provide an exemption\\nfrom the course work and training required by this subdivision to any\\nsuch licensed person who: (i) clearly demonstrates to the department's\\nsatisfaction that there would be no need for him or her to complete such\\ncourse work or training; or (ii) that he or she has completed course\\nwork or training deemed by the department to be equivalent to the course\\nwork or training approved by the department pursuant to this\\nsubdivision.\\n (i) Nothing herein shall preclude such course work or training in pain\\nmanagement, palliative care, and addiction from counting toward\\ncontinuing education requirements under title eight of the education law\\nto the extent provided in the regulations of the commissioner of\\neducation.\\n (j) Nothing herein shall preclude such course work or training in pain\\nmanagement, palliative care, and addiction from counting toward\\ncontinuing education requirements of a nationally accredited medical\\nboard to the extent acceptable to such board.\\n 4. Establish a work group, no later than June first, two thousand\\ntwelve, which shall be composed of experts in the fields of palliative\\nand chronic care pain management and addiction medicine. Members of the\\nwork group shall receive no compensation for their services, but shall\\nbe allowed actual and necessary expenses in the performance of their\\nduties pursuant to this section. The work group shall:\\n (a) Report to the commissioner regarding the development of\\nrecommendations and model courses for continuing medical education,\\nrefresher courses and other training materials for licensed health care\\nprofessionals on appropriate use of prescription pain medication. Such\\nrecommendations, model courses and other training materials shall be\\nsubmitted to the commissioner, who shall make such information available\\nfor the use in medical education, residency programs, fellowship\\nprograms, and for use in continuing medication education programs no\\nlater than January first, two thousand thirteen. Such recommendations\\nalso shall include recommendations on: (i) educational and continuing\\nmedical education requirements for practitioners appropriate to address\\nprescription pain medication awareness among health care professionals;\\n(ii) continuing education requirements for pharmacists related to\\nprescription pain medication awareness; and (iii) continuing education\\nin palliative care as it relates to pain management, for which purpose\\nthe work group shall consult the New York state palliative care\\neducation and training council;\\n (b) No later than January first, two thousand thirteen, provide\\noutreach and assistance to health care professional organizations to\\nencourage and facilitate continuing medical education training programs\\nfor their members regarding appropriate prescribing practices for the\\nbest patient care and the risks associated with overprescribing and\\nunderprescribing pain medication;\\n (c) Provide information to the commissioner for use in the development\\nand continued update of the public awareness campaign, including\\ninformation, resources, and active web links that should be included on\\nthe website; and\\n (d) Consider other issues deemed relevant by the commissioner,\\nincluding how to protect and promote the access of patients with a\\nlegitimate need for controlled substances, particularly medications\\nneeded for pain management by oncology patients, and whether and how to\\nencourage or require the use or substitution of opioid drugs that employ\\ntamper-resistance technology as a mechanism for reducing abuse and\\ndiversion of opioid drugs.\\n 5. On or before September first, two thousand twelve, the\\ncommissioner, in consultation with the commissioner of the office of\\nalcoholism and substance abuse services, the commissioner of education,\\nand the executive secretary of the state board of pharmacy, shall add to\\nthe workgroup such additional members as appropriate so that the\\nworkgroup may provide guidance in furtherance of the implementation of\\nthe I-STOP act. For such purposes, the workgroup shall include but not\\nbe limited to consumer advisory organizations, health care practitioners\\nand providers, oncologists, addiction treatment providers, practitioners\\nwith experience in pain management, pharmacists and pharmacies, and\\nrepresentatives of law enforcement agencies.\\n 6. The commissioner shall report to the governor, the temporary\\npresident of the senate and the speaker of the assembly no later than\\nMarch first, two thousand thirteen, and annually thereafter, on the work\\ngroup's findings. The report shall include information on opioid\\noverdose deaths, emergency room utilization for the treatment of opioid\\noverdose, the utilization of pre-hospital addiction services and\\nrecommendations to reduce opioid addiction and the consequences thereof.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 11 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A33T2", "title" : "Manufacture and Distribution of Controlled Substances", "docType" : "TITLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2", "activeDate" : "2014-09-22", "sequenceNo" : 1412, "repealedDate" : null, "fromSection" : "3310", "toSection" : "3322", "text" : " TITLE II\\n MANUFACTURE AND DISTRIBUTION OF CONTROLLED SUBSTANCES\\nSection 3310. Licenses for manufacture or distribution of controlled\\n substances.\\n 3311. Authority to issue initial licenses, amended licenses, and\\n to renew licenses.\\n 3312. Application for initial license.\\n 3313. Granting of initial license.\\n 3315. Applications for renewal of licenses to manufacture or\\n distribute controlled substances.\\n 3316. Granting of renewal of licenses.\\n 3318. Identification of controlled substances.\\n 3319. Distribution of free samples.\\n 3320. Authorized distribution.\\n 3321. Exempt distribution.\\n 3322. Reports and records.\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3310", "title" : "Licenses for manufacture or distribution of controlled substances", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3310", "activeDate" : "2014-09-22", "sequenceNo" : 1413, "repealedDate" : null, "fromSection" : "3310", "toSection" : "3310", "text" : " § 3310. Licenses for manufacture or distribution of controlled\\nsubstances. 1. No person shall manufacture or distribute a controlled\\nsubstance in this state without first having obtained a license to do so\\nfrom the department.\\n 2. A license issued under this section shall be valid for two years\\nfrom the date of issue, except that in order to facilitate the renewals\\nof such licenses, the commissioner may upon the initial application for\\na license, issue some licenses which may remain valid for a period of\\ntime greater than two years but not exceeding an additional eleven\\nmonths.\\n 3. The fee for a license under this section shall be one thousand two\\nhundred dollars; provided however, if the license is issued for a period\\ngreater than two years the fee shall be increased, pro rata, for each\\nadditional month of validity.\\n 4. Licenses issued under this section shall be effective only for and\\nshall specify:\\n (a) the name and address of the licensee;\\n (b) the nature of the controlled substances, either by name or\\nschedule, or both, which may be manufactured or distributed;\\n (c) whether manufacture or distribution or both such activities are\\npermitted by the license.\\n 5. Upon application of a licensee, a license may be amended to allow\\nthe licensee to relocate within the state or to add a manufacturing or\\ndistributing activity or to add further substances or schedules to the\\nmanufacturing or distribution activity permitted thereunder. The fee for\\nsuch amendment shall be two hundred fifty dollars.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3311", "title" : "Authority to issue initial licenses, amended licenses, and to renew licenses", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3311", "activeDate" : "2014-09-22", "sequenceNo" : 1414, "repealedDate" : null, "fromSection" : "3311", "toSection" : "3311", "text" : " § 3311. Authority to issue initial licenses, amended licenses, and to\\nrenew licenses. 1. Subject to the provisions of this article the\\ncommissioner is authorized to issue licenses authorizing the manufacture\\nor distribution of controlled substances.\\n 2. An application for a license, amendment of a license, or renewal of\\na license which, if granted, would authorize the manufacture or\\ndistribution of a controlled substance which the applicant is not then\\nauthorized to manufacture or distribute shall, with respect to any such\\nadditional authorization, be treated as an application for an initial\\nlicense.\\n 3. An application for a license which, if granted, would authorize a\\nlicensee to continue to manufacture or distribute a controlled substance\\nshall, with respect to such continued manufacture or distribution only,\\nbe treated as an application for renewal of a license.\\n 4. A late-filed application for the renewal of a license may, in the\\ndiscretion of the commissioner, be treated as an application for an\\ninitial license.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3312", "title" : "Application for initial license", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3312", "activeDate" : "2014-09-22", "sequenceNo" : 1415, "repealedDate" : null, "fromSection" : "3312", "toSection" : "3312", "text" : " § 3312. Application for initial license. 1. An applicant for an\\ninitial license to manufacture or distribute controlled substances shall\\nfurnish to the department such information as it shall require and\\nevidence that the applicant:\\n (a) and its managing officers are of good moral character;\\n (b) possesses sufficient land, buildings and equipment to properly\\ncarry on the activity described in the application;\\n (c) is able to maintain effective control against diversion of the\\ncontrolled substances for which the license is sought;\\n (d) is able to comply with all applicable state and federal laws and\\nregulations relating to the manufacture or distribution of the\\ncontrolled substances for which the license is sought.\\n 2. The application shall include the name, residence address and title\\nof each of the officers and directors and the name and residence address\\nof any person having a ten percentum or greater proprietary, beneficial,\\nequitable or credit interest in the applicant. Each such person, if an\\nindividual, or lawful representative if a legal entity, shall submit an\\naffidavit with the application setting forth:\\n (a) any position of management or ownership during the preceding ten\\nyears of a ten percentum or greater interest in any other business,\\nlocated in or outside this state, manufacturing or distributing drugs;\\nand\\n (b) whether such person or any such business has been convicted,\\nfined, censured or had a license suspended or revoked in any\\nadministrative or judicial proceeding relating to or arising out of the\\nmanufacture or distribution of drugs; and\\n (c) such other information as the commisisoner may require.\\n 3. The applicant shall be under a continuing duty to report to the\\ndepartment any change in facts or circumstances reflected in the\\napplication on any newly discovered or occurring fact or circumstance\\nwhich is required to be included in the application.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3313", "title" : "Granting of initial license", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3313", "activeDate" : "2014-09-22", "sequenceNo" : 1416, "repealedDate" : null, "fromSection" : "3313", "toSection" : "3313", "text" : " § 3313. Granting of initial license. 1. The commisisoner shall grant\\nan initial license or amendment to a license as to one or more of the\\nsubstances or activities enumerated in the application if he is\\nsatisfied that:\\n (a) the applicant will be able to maintain effective control against\\ndiversion of controlled substances;\\n (b) the applicant will be able to comply with all applicable state and\\nfederal laws;\\n (c) the applicant and its officers are ready, willing and able to\\nproperly carry on the manufacturing or distributing activity for which a\\nlicense is sought;\\n (d) the applicant possesses sufficient land, buildings and equipment\\nto properly carry on the activity described in the application;\\n (e) it is in the public interest that such license be granted; and\\n (f) the applicant and its managing officers are of good moral\\ncharacter.\\n 2. If the commissioner is not satisfied that the applicant should be\\nissued an initial license, he shall notify the applicant in writing of\\nthose factors upon which further evidence is required. Within thirty\\ndays of the receipt of such notification, the applicant may submit\\nadditional material to the commissioner or demand a hearing or both.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3315", "title" : "Applications for renewal of licenses to manufacture or distribute controlled substances", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3315", "activeDate" : "2014-09-22", "sequenceNo" : 1417, "repealedDate" : null, "fromSection" : "3315", "toSection" : "3315", "text" : " § 3315. Applications for renewal of licenses to manufacture or\\ndistribute controlled substances. 1. An application for the renewal of\\nany license issued pursuant to this title shall be filed with the\\ndepartment not more than six months nor less than four months prior to\\nthe expiration thereof.\\n 2. The application for renewal shall include such information prepared\\nin such manner and detail as the commissioner may require, including but\\nnot limited to:\\n (a) any material change in the circumstances or factors listed in\\nsection thirty-three hundred twelve of this article;\\n (b) every known charge or investigation, pending or concluded during\\nthe period of the license, by any governmental agency with respect to:\\n (i) each incident or alleged incident involving the theft, loss, or\\npossible diversion of controlled substances manufactured or distributed\\nby the applicant; and\\n (ii) compliance by the applicant with the requirements of the federal\\ncontrolled substances act, or the laws of any state with respect to any\\nsubstance listed in section thirty-three hundred six of this article.\\n 3. An applicant for renewal shall be under a continuing duty to report\\nto the department any change in facts or circumstances reflected in the\\napplication or any newly discovered or occurring fact or circumstance\\nwhich is required to be included in the application.\\n 4. If the commissioner is not satisfied that the applicant is entitled\\nto a renewal of such license, he shall within forty-five days after the\\nfiling of the application serve upon the applicant or his attorney of\\nrecord in person or by registered or certified mail an order directing\\nthe applicant to show cause why his application for renewal should not\\nbe denied. Such order shall specify in detail the respects in which the\\napplicant has not satisfied the commissioner that the license should be\\nrenewed.\\n 5. Within thirty days of service of such order, the applicant may\\neither submit additional material to the commissioner or demand a\\nhearing or both. If a hearing is demanded the commissioner shall fix a\\ndate for hearing not sooner than fifteen days nor later than thirty days\\nafter receipt of the demand, unless such time limitation is waived by\\nthe applicant.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3316", "title" : "Granting of renewal of licenses", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2018-04-20", "2018-07-13", "2024-04-26" ], "docLevelId" : "3316", "activeDate" : "2018-07-13", "sequenceNo" : 1418, "repealedDate" : null, "fromSection" : "3316", "toSection" : "3316", "text" : " § 3316. Granting of renewal of licenses. 1. The commissioner shall\\nrenew a license unless he determines and finds that the applicant:\\n (a) is unlikely to maintain or be able to maintain effective control\\nagainst diversion; or\\n (b) is unlikely to comply with all federal and state laws applicable\\nto the manufacture or distribution of the controlled substance or\\nsubstances for which the license is sought.\\n * (c) is unlikely during the period of his or her license to complete\\nthe reports or to pay the ratable share required by title two-A of this\\narticle on or before the required date. Prior evidence of non-compliance\\nshall constitute substantial evidence of such.\\n * NB Repealed June 30, 2024\\n 2. For purposes of this section, proof that a licensee, during the\\nperiod of his license, has failed to maintain effective control against\\ndiversion or has knowingly or negligently failed to comply with\\napplicable federal or state laws relating to the manufacture or\\ndistribution of controlled substances, shall constitute substantial\\nevidence that the applicant will be unlikely to maintain effective\\ncontrol against diversion or be unlikely to comply with the applicable\\nfederal or state statutes during the period of proposed renewal.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3318", "title" : "Identification of controlled substances", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3318", "activeDate" : "2014-09-22", "sequenceNo" : 1419, "repealedDate" : null, "fromSection" : "3318", "toSection" : "3318", "text" : " § 3318. Identification of controlled substances. 1. No controlled\\nsubstance may be manufactured or delivered within this state in solid or\\ncapsule form unless it has clearly marked or imprinted upon each such\\ncapsule or solid:\\n (a) an individual symbol or number assigned to the person who\\nmanufactured the controlled substance in such form, and\\n (b) a code number or symbol assigned by the commissioner identifying\\nsuch substance or combination of substances.\\n 2. No controlled substance contained within a bottle, vial, carton or\\nother container, or in any way affixed or appended to or enclosed within\\na package of any kind, and designed or intended for delivery in such\\ncontainer or package to an ultimate consumer, shall be manufactured,\\ndelivered or distributed within this state unless such container or\\npackage has clearly and permanently marked or imprinted upon it:\\n (a) an individual symbol or number assigned to the person who packaged\\nthe controlled substance in such form; and\\n (b) a code number or symbol assigned by the commissioner identifying\\nsuch substance or combination of substances.\\n 3. The commissioner shall assign a code number or symbol to each\\ncontrolled substance, and in his discretion for combinations of\\nsubstances, so as to provide ready identification of such substance.\\nUpon application by a manufacturer of controlled substances, the\\ncommissioner shall assign to such manufacturer an identifying number or\\nsymbol. Wherever possible and practical, the commissioner shall assign\\ncode numbers which conform to the national drug code system.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3319", "title" : "Distribution of free samples", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3319", "activeDate" : "2014-09-22", "sequenceNo" : 1420, "repealedDate" : null, "fromSection" : "3319", "toSection" : "3319", "text" : " § 3319. Distribution of free samples. It shall be unlawful to\\ndistribute free samples of controlled substances, except to persons\\nlicensed pursuant to title III of this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3320", "title" : "Authorized distribution", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3320", "activeDate" : "2014-09-22", "sequenceNo" : 1421, "repealedDate" : null, "fromSection" : "3320", "toSection" : "3320", "text" : " § 3320. Authorized distribution. 1. Controlled substances may be\\nlawfully distributed within this state only to licensed distributors or\\nmanufacturers, practitioners, pharmacists, pharmacies, institutional\\ndispensers, registered outsourcing facilities, and laboratory, research\\nor instructional facilities authorized by law to possess the particular\\nsubstance distributed.\\n 2. A person authorized to obtain a controlled substance by\\ndistribution may lawfully receive such substance only from a distributor\\nlicensed pursuant to this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3321", "title" : "Exempt distribution", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3321", "activeDate" : "2014-09-22", "sequenceNo" : 1422, "repealedDate" : null, "fromSection" : "3321", "toSection" : "3321", "text" : " § 3321. Exempt distribution. 1. The commissioner by regulation or\\nruling may exempt from the licensing requirements of this title:\\n (a) the return of controlled substances to a manufacturer, registered\\noutsourcing facility or distributor by a practitioner or pharmacy;\\n (b) the sale of controlled substances by a pharmacy or practitioner to\\na pharmacy or practitioner for the immediate needs of the pharmacy or\\npractitioner receiving such substances; and\\n (c) the disposition of controlled substances by a person in lawful\\npossession thereof who, not in the ordinary course of business, wishes\\nto discontinue such possession.\\n 2. Records of such transactions shall be prepared and maintained and\\nreports filed in such manner as the commissioner shall require.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3322", "title" : "Reports and records", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3322", "activeDate" : "2014-09-22", "sequenceNo" : 1423, "repealedDate" : null, "fromSection" : "3322", "toSection" : "3322", "text" : " § 3322. Reports and records. 1. Persons licensed under this title or\\noperating a registered outsourcing facility shall maintain records of\\nall controlled substances manufactured, compounded, received, disposed\\nof, delivered or distributed by them. The record shall show the date of\\nreceipt or delivery, the name and address, and registration number of\\nthe person from whom received or to whom delivered or distributed, the\\nkind and quantity of substance received and delivered or distributed,\\nthe kind and quantity of substance produced or removed from the process\\nof manufacture and the date thereof.\\n 2. Any person licensed under this title or operating a registered\\noutsourcing facility shall prepare and maintain a biennial report\\nsetting forth the current inventory of controlled substances, the\\nquantities of controlled substances manufactured, compounded, delivered\\nor distributed within the state during the period covered by the report\\nand such other information as the commissioner shall by regulation\\nprescribe. Maintaining for inspection a biennial inventory of controlled\\nsubstances prepared and maintained in compliance with federal statutes\\nand regulations shall be deemed in compliance with this section.\\n 3. Any person licensed under this title or operating a registered\\noutsourcing facility shall forthwith notify the department of any\\nincident involving the theft, loss or possible diversion of controlled\\nsubstances manufactured, compounded, delivered or distributed by the\\nlicensee or operator.\\n 4. The records and reports required by this section shall be prepared,\\npreserved, or filed in such manner and detail as the commissioner shall\\nby regulation prescribe.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 11 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A33T2-A", "title" : "Opioid Stewardship Act", "docType" : "TITLE", "publishedDates" : [ "2018-04-20", "2018-07-13", "2024-04-26" ], "docLevelId" : "2-A", "activeDate" : "2018-07-13", "sequenceNo" : 1424, "repealedDate" : null, "fromSection" : "3323", "toSection" : "3323", "text" : " * TITLE 2-A\\n OPIOID STEWARDSHIP ACT\\nSection 3323. Opioid stewardship fund.\\n * NB Repealed June 30, 2024\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3323", "title" : "Opioid stewardship fund", "docType" : "SECTION", "publishedDates" : [ "2018-04-20", "2018-07-13", "2024-04-26" ], "docLevelId" : "3323", "activeDate" : "2018-07-13", "sequenceNo" : 1425, "repealedDate" : null, "fromSection" : "3323", "toSection" : "3323", "text" : " * § 3323. Opioid stewardship fund. 1. Definitions:\\n (a) \"Opioid stewardship payment\" shall mean the total amount to be\\npaid into the opioid stewardship fund for each state fiscal year as set\\nforth in subdivision two of this section.\\n (b) \"Ratable share\" shall mean the individual portion of the opioid\\nstewardship payment to be paid by each manufacturer and distributor\\nlicensed under this article that sells or distributes opioids in the\\nstate of New York.\\n (c) Notwithstanding any inconsistent provision of law to the contrary,\\n\"distribute\" shall mean to deliver a controlled substance other than by\\nadministering or dispensing to the ultimate user, including\\nintra-company transfers between any division, affiliate, subsidiary,\\nparent or other entity under complete common ownership and control. For\\npurposes of this section, \"distribute\" shall not include controlled\\nsubstances surrendered to reverse distributors, or donated to recipient\\nentities or third-party intermediaries pursuant to the unused\\nprescription drug donation and redispensing program of section two\\nhundred eighty-b of this chapter.\\n 2. Opioid stewardship payment imposed on manufacturers and\\ndistributors. All manufacturers and distributors licensed under this\\narticle (hereinafter referred to as \"licensees\"), that sell or\\ndistribute opioids in the state of New York shall be required to pay an\\nopioid stewardship payment. On an annual basis, the commissioner shall\\ncertify to the state comptroller the amount of all revenues collected\\nfrom opioid stewardship payments and any penalties imposed. The amount\\nof revenues so certified shall be deposited quarterly into the opioid\\nstewardship fund established pursuant to section ninety-seven-aaaaa of\\nthe state finance law. No licensee shall pass the cost of their ratable\\nshare amount to a purchaser, including the ultimate user of the opioid,\\nor such licensee shall be subject to penalties pursuant to subdivision\\nten of this section.\\n 3. Determination of opioid stewardship payment. The total opioid\\nstewardship payment amount shall be one hundred million dollars\\nannually, subject to downward adjustments pursuant to subdivision nine\\nof this section.\\n 4. Reports and records. Each manufacturer and distributor licensed\\nunder this article that sells or distributes opioids in the state of New\\nYork shall provide to the commissioner a report detailing all opioids\\nsold or distributed by such manufacturer or distributor in the state of\\nNew York. Such report shall include:\\n (a) the manufacturer's or distributor's name, address, phone number,\\nfederal Drug Enforcement Agency (DEA) registration number and controlled\\nsubstance license number issued by the department;\\n (b) the name, address and DEA registration number of the entity to\\nwhom the opioid was sold or distributed;\\n (c) the date of the sale or distribution of the opioid;\\n (d) the gross receipt total, in dollars, of all opioids sold or\\ndistributed;\\n (e) the name and National Drug Code (NDC) of the opioid sold or\\ndistributed;\\n (f) the number of containers and the strength and metric quantity of\\ncontrolled substance in each container of the opioid sold or\\ndistributed;\\n (g) the total number of morphine milligram equivalents (MMEs) sold or\\ndistributed; and\\n (h) any other elements as deemed necessary by the commissioner.\\n 4-a. Initial and future reports. (a) Such information shall be\\nreported annually to the department in such form as defined by the\\ncommissioner, provided however that the initial report provided pursuant\\nto subdivision four shall consist of all opioids sold or distributed in\\nthe state of New York for the two thousand seventeen calendar year, and\\nmust be submitted by August 1, 2018. Subsequent annual reports shall be\\nsubmitted on April first of each year based on the actual opioid sales\\nand distributions of the prior calendar year.\\n (b) For the purpose of such annual reporting, MMEs shall be determined\\npursuant to a formulation to be issued by the department and updated as\\nthe department deems appropriate.\\n 5. Determination of ratable share. Each manufacturer and distributor\\nlicensed under this article that sells or distributes opioids in the\\nstate of New York shall pay a portion of the total opioid stewardship\\npayment amount. The ratable share shall be calculated as follows:\\n (a) The total amount of MMEs sold or distributed in the state of New\\nYork by the licensee for the preceding calendar year, as reported by the\\nlicensee pursuant to subdivision four of this section, shall be divided\\nby the total amount of MME sold in the state of New York by all\\nlicensees pursuant to this article to determine the licensee payment\\npercentage. The licensee payment percentage shall be multiplied by the\\ntotal opioid stewardship payment. The product of such calculation shall\\nbe the licensee's ratable share. The department shall have the authority\\nto adjust the total number of a licensee's MMEs to account for the\\nnature and use of the product, as well as the type of entity purchasing\\nthe product from the licensee, when making such determination and adjust\\nthe ratable share accordingly.\\n (b) The licensee's total amount of MME sold or distributed, as well as\\nthe total amount of MME sold or distributed by all licensees under this\\narticle, used in the calculation of the ratable share shall not include\\nthe MME of those opioids which are: (i) manufactured in New York state,\\nbut whose final point of delivery or sale is outside of New York state;\\n(ii) sold or distributed to entities certified to operate pursuant to\\narticle thirty-two of the mental hygiene law, or article forty of the\\npublic health law; or (iii) the MMEs attributable to buprenorphine,\\nmethadone or morphine.\\n (c) The department shall provide to the licensee, in writing, on or\\nbefore October fifteenth, two thousand eighteen, the licensee's ratable\\nshare for the two thousand seventeen calendar year. Thereafter, the\\ndepartment shall notify the licensee in writing annually on or before\\nOctober fifteenth of each year based on the opioids sold or distributed\\nfor the prior calendar year.\\n 6. Payment of ratable share. The licensee shall make payments\\nquarterly to the department with the first payment of the ratable share,\\nprovided that the amount due on January first, two thousand nineteen\\nshall be for the full amount of the first annual payment, with\\nadditional payments to be due and owing on the first day of every\\nquarter thereafter.\\n 7. Rebate of ratable share. In any year for which the commissioner\\ndetermines that a licensee failed to report required information as\\nrequired by this section, those licensees complying with this section\\nshall receive a reduced assessment of their ratable share in the\\nfollowing year equal to the amount in excess of any overpayment in the\\nprior payment period.\\n 8. Licensee opportunity to appeal. A licensee shall be afforded an\\nopportunity to submit information to the department to justify why the\\nratable share provided to the licensee, pursuant to paragraph (c) of\\nsubdivision five of this section, or amounts paid thereunder are in\\nerror or otherwise not warranted. If the department determines\\nthereafter that all or a portion of such ratable share, as determined by\\nthe commissioner pursuant to subdivision five of this section, is not\\nwarranted, the department may: (a) adjust the ratable share; (b) adjust\\nthe assessment of the ratable share in the following year equal to the\\namount in excess of any overpayment in the prior payment period; or (c)\\nrefund amounts paid in error.\\n 9. Department annual review. The department shall annually review the\\namount of state operating funds spent in the office of alcoholism and\\nsubstance abuse services (OASAS) budget for opioid prevention, treatment\\nand recovery. The commissioner of OASAS shall certify to the department\\nthe amount of annual spending for such services, utilizing available\\ninformation on patient demographics and the actual cost of services\\ndelivered by the state and by state-funded providers. The certification\\nof such spending shall begin in state fiscal year two thousand\\neighteen-nineteen, and continue annually thereafter. The total amount of\\nsuch spending shall be provided to the department by the commissioner of\\nOASAS no later than June thirtieth of each year. There shall be no\\nstewardship fund payments beginning on July first in the event state\\noperating funds spent in the OASAS budget for opioid prevention,\\ntreatment and recovery in the most recently reported year is equal to or\\nless than state operating funds spent for such purposes in state fiscal\\nyear two thousand nine-ten.\\n 10. Penalties. (a) The department may assess a civil penalty in an\\namount not to exceed one thousand dollars per day against any licensee\\nthat fails to comply with subdivisions four and four-a of this section.\\n (b) In addition to any other civil or criminal penalty provided by\\nlaw, where a licensee has failed to pay its ratable share in accordance\\nwith subdivision six of this section, the department may also assess a\\npenalty of no less than ten percent and no greater than three hundred\\npercent of the ratable share due from such licensee.\\n (c) Where the ratable share, or any portion thereof, has been passed\\non to a purchaser by a licensee, the commissioner may impose a penalty\\nnot to exceed one million dollars per incident.\\n * NB Repealed June 30, 2024\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 1 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A33T3", "title" : "Research, Instructional Activities, and Chemical Analysis Relating to Controlled Substances", "docType" : "TITLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3", "activeDate" : "2014-09-22", "sequenceNo" : 1426, "repealedDate" : null, "fromSection" : "3324", "toSection" : "3329", "text" : " TITLE III\\n RESEARCH, INSTRUCTIONAL ACTIVITIES, AND CHEMICAL ANALYSIS RELATING TO\\n CONTROLLED SUBSTANCES\\nSection 3324. Licenses to engage in research, instructional activities,\\n and chemical analysis relating to controlled substances.\\n 3325. Authority to issue licenses; applications.\\n 3326. Institutional research licenses.\\n 3327. Procedure.\\n 3328. Exemptions from title.\\n 3329. Reports and records.\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3324", "title" : "Licenses to engage in research, instructional activities, and chemical analysis relating to controlled substances", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3324", "activeDate" : "2014-09-22", "sequenceNo" : 1427, "repealedDate" : null, "fromSection" : "3324", "toSection" : "3324", "text" : " § 3324. Licenses to engage in research, instructional activities, and\\nchemical analysis relating to controlled substances. 1. No person\\nwithin this state shall manufacture, obtain, possess, administer or\\ndispense a controlled substance for purposes of scientific research,\\ninstruction or chemical analysis without having first obtained a license\\nto do so from the department.\\n 2. A license issued under this title shall be valid for two years from\\nthe date of issue.\\n 3. The fee for a license under this title shall be forty dollars.\\n 4. Licenses issued under this title shall be effective only for and\\nshall specify:\\n (a) the name and address of the licensee;\\n (b) the nature of the project or projects permitted by the license;\\n (c) the nature of the controlled substance or substances to be used in\\nthe project, by name if in schedule I, and by name or schedule or both\\nif in any other schedule;\\n (d) whether dispensing to human subjects is permitted by the license.\\n 5. Upon application of a person licensed pursuant to this title, a\\nlicense may be amended to add a further activity or to add further\\nsubstances or schedules to the project permitted thereunder. The fee for\\nsuch amendment shall be twenty dollars.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3325", "title" : "Authority to issue licenses; applications", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3325", "activeDate" : "2014-09-22", "sequenceNo" : 1428, "repealedDate" : null, "fromSection" : "3325", "toSection" : "3325", "text" : " § 3325. Authority to issue licenses; applications. 1. Subject to the\\nprovisions of this title, the commissioner is authorized to license a\\nperson to manufacture, obtain and possess, dispense, and administer\\ncontrolled substances for purposes of scientific research, chemical\\nanalysis or instruction.\\n 2. A license or amendment of a license shall be issued by the\\ndepartment unless the applicant therefor has failed to furnish a\\nsatisfactory protocol pursuant to subdivision three of this section, or\\na satisfactory statement pursuant to section 3326, and proof that the\\napplicant:\\n (a) and its managing officers are of good moral character;\\n (b) possesses or is capable of acquiring facilities, staff and\\nequipment sufficient to carry on properly the proposed project detailed\\nin the protocol or statement accompanying the application;\\n (c) is able to maintain effective control against diversion of the\\ncontrolled substances for which the license is sought;\\n (d) is able to comply with all applicable state and federal laws and\\nregulations relating to the controlled substances for which the license\\nis sought.\\n 3. An application for a license or for an amendment to a license shall\\nbe accompanied by a detailed protocol setting forth:\\n (a) the nature of the proposed project;\\n (b) the proposed quantity or quantities of each controlled substance\\ninvolved;\\n (c) the qualifications and competence of the applicant to engage in\\nsuch project;\\n (d) specific provisions for the safe administration or dispensing of\\ncontrolled substances to humans, if such is contemplated, and the\\nproposed method of selecting humans;\\n (e) such other additional information as the commissioner may require.\\n 4. The application for a license pursuant to this title shall include\\ncopies of all papers filed with the Bureau, the Federal Food and Drug\\nAdministration and any other governmental agency, whether state or\\nfederal, in connection with the applicant's proposed project.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3326", "title" : "Institutional research licenses", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3326", "activeDate" : "2014-09-22", "sequenceNo" : 1429, "repealedDate" : null, "fromSection" : "3326", "toSection" : "3326", "text" : " § 3326. Institutional research licenses. 1. Subject to the provisions\\nof this title, the commissioner is authorized to license an institution,\\nwhich regularly engages in research, to approve specific projects\\nconducted under its immediate auspices.\\n 2. An institution seeking a license pursuant to this section shall\\nmake application in the same manner as an applicant for a license\\npursuant to section 3325. However, such institution shall submit, in\\nlieu of a detailed protocol of a specific project, a statement\\nincluding:\\n (a) the qualifications and such other data as the commissioner may\\nrequire regarding each member of the committee within the institution\\nwhich will approve specific projects;\\n (b) a description of the system within the institution for approving,\\nsupervising and evaluating such projects.\\n 3. Upon approval of each specific project, such institution shall\\nforward to the commissioner a description of the project, the names and\\nqualifications of the individuals working thereon and of those\\nindividuals designated to supervise the project. If administration or\\ndispensing to human subjects is contemplated, there shall also be\\nincluded a description of the provisions for safe administration or\\ndispensing.\\n 4. Such institution shall forward to the commissioner periodic\\nprogress reports and evaluations of, as well as amendments to each\\nproject, in such manner and in such detail as the commissioner may\\nprescribe.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3327", "title" : "Procedure", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3327", "activeDate" : "2014-09-22", "sequenceNo" : 1430, "repealedDate" : null, "fromSection" : "3327", "toSection" : "3327", "text" : " § 3327. Procedure. 1. A license or amendment to a license shall be\\nissued or refused by the department within ninety days from the date of\\nfiling of a completed application.\\n 2. Within thirty days of notification of such refusal, the applicant\\nmay either submit additional material to the commissioner or demand a\\nhearing or both. If a hearing is demanded the commissioner shall fix a\\ndate for hearing not sooner than fifteen days nor later than thirty days\\nafter receipt of the demand, unless such time limitation is waived by\\nthe applicant.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3328", "title" : "Exemptions from title", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3328", "activeDate" : "2014-09-22", "sequenceNo" : 1431, "repealedDate" : null, "fromSection" : "3328", "toSection" : "3328", "text" : " § 3328. Exemptions from title. The following persons engaging in the\\nfollowing activities shall be exempt from the provisions of this title:\\n 1. A practitioner lawfully administering, dispensing, or prescribing a\\ncontrolled substance in the course of his professional practice to an\\nultimate user for a recognized medical purpose;\\n 2. A licensed manufacturer engaged in research upon non-human subjects\\nor chemical analysis conducted on the premises specified in the\\nmanufacturer's license;\\n 3. A licensed distributor engaged in quality control analysis at the\\npremises specified in his license.\\n 4. A practitioner or patient participating in a clinical research\\nprogram on the therapeutic use of marijuana or tetrahydrocannabinols.\\n(a) Each such clinical research program shall have received protocol\\napproval from the United States Food and Drug Administration, shall\\npossess an effective investigational new drug application and shall have\\nbeen registered by the Drug Enforcement Administration, United States\\nDepartment of Justice.\\n (b) Each such clinical research program authorized under the\\nprovisions of article thirty-three-A of this chapter.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3329", "title" : "Reports and records", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3329", "activeDate" : "2014-09-22", "sequenceNo" : 1432, "repealedDate" : null, "fromSection" : "3329", "toSection" : "3329", "text" : " § 3329. Reports and records. 1. Persons licensed under this title\\nshall keep records showing the receipt, administration, dispensing, or\\ndestruction of all controlled substances and maintain the records in\\nsuch manner and detail as the commissioner, by regulation, shall\\nrequire.\\n 2. Persons licensed under this title shall submit reports to the\\ndepartment summarizing the activity conducted under the license.\\nIncluded in such report shall be a detailed inventory of controlled\\nsubstances, and an accounting for all such substances received or\\ndisposed of during the period covered by the report and such other\\ninformation as the commissioner shall, by regulation, require. Such\\nreports shall be filed with the department at such times as the\\ncommissioner may require.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 6 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A33T4", "title" : "Dispensing to Ultimate Users", "docType" : "TITLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4", "activeDate" : "2014-09-22", "sequenceNo" : 1433, "repealedDate" : null, "fromSection" : "3330", "toSection" : "3345", "text" : " TITLE IV\\n DISPENSING TO ULTIMATE USERS\\nSection 3330. Schedule I substances.\\n 3331. Scheduled substances administering and dispensing by\\n practitioners.\\n 3332. Making of official New York state prescriptions or\\n electronic prescriptions for scheduled substances.\\n 3333. Dispensing upon official New York state prescription or\\n electronic prescription.\\n 3334. Emergency oral prescriptions for schedule II drugs and\\n certain other controlled substances.\\n 3335. Dispensing by online dispensers of controlled\\n substances.\\n 3337. Oral prescriptions schedule III, IV and V substances.\\n 3338. Official New York state prescription forms.\\n 3339. Refilling of prescriptions for controlled substances.\\n 3341. Institutional dispensers certificates of approval.\\n 3342. Dispensing and administering by institutional\\n dispensers.\\n 3343. Reports and records.\\n 3343-a. Prescription monitoring program registry.\\n 3343-b. Safe disposal of unused controlled substances.\\n 3345. Possession of controlled substances by ultimate users\\n original containers.\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3330", "title" : "Schedule I substances", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3330", "activeDate" : "2014-09-22", "sequenceNo" : 1434, "repealedDate" : null, "fromSection" : "3330", "toSection" : "3330", "text" : " § 3330. Schedule I substances. No prescription may be made or filled\\nfor any controlled substance in schedule I nor may such substance be\\npossessed, distributed, dispensed or administered except pursuant to\\ntitle III of this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3331", "title" : "Scheduled substances administering and dispensing by practitioners", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2016-07-01", "2016-07-29", "2018-04-20", "2022-12-30", "2025-11-28", "2026-06-05" ], "docLevelId" : "3331", "activeDate" : "2018-04-20", "sequenceNo" : 1435, "repealedDate" : null, "fromSection" : "3331", "toSection" : "3331", "text" : " § 3331. Scheduled substances administering and dispensing by\\npractitioners. 1. Except as provided in titles III or V of this article,\\nno substance in schedules II, III, IV, or V may be prescribed for or\\ndispensed or administered to an addict or habitual user.\\n 2. A practitioner, in good faith, and in the course of his or her\\nprofessional practice only, may prescribe, administer and dispense\\nsubstances listed in schedules II, III, IV, and V, or he or she may\\ncause the same to be administered by a designated agent under his or her\\ndirection and supervision.\\n 3. A veterinarian, in good faith, and in the course of the practice of\\nveterinary medicine only, may prescribe, administer and dispense\\nsubstances listed in schedules II, III, IV, and V or he may cause them\\nto be administered by a designated agent under his direction and\\nsupervision.\\n 4. No such substance may be dispensed unless it is enclosed within a\\nsuitable and durable container, and:\\n (a) Affixed to such container is a label upon which is indelibly\\ntyped, printed or otherwise legibly written the following:\\n (i) the name and address of the ultimate user for whom the substance\\nis intended, or, if intended for use upon an animal, the species of such\\nanimal and the name and address of the owner or person in custody of\\nsuch animal;\\n (ii) the name, address, and telephone number of the dispensing\\npractitioner;\\n (iii) specific directions for use, including but not limited to the\\ndosage and frequency of dosage, and the maximum daily dosage;\\n (iv) the legend, prominently marked or printed in either boldface or\\nupper case lettering: \"CONTROLLED SUBSTANCE, DANGEROUS UNLESS USED AS\\nDIRECTED\";\\n (v) the date of dispensing;\\n (vi) either the name of the substance or such code number assigned by\\nthe department for the particular substance pursuant to section\\nthirty-three hundred eighteen of this article;\\n (b) Such container shall be identified as a controlled substance by\\neither:\\n (i) an orange label;\\n (ii) a label of another color over which is superimposed an orange\\ntransparent adhesive tape; or\\n (iii) an auxiliary orange label affixed to the front of such container\\nand bearing the legend, prominently marked or printed \"Controlled\\nSubstance, Dangerous Unless Used As Directed\";\\n (c) Any label, transparency, or auxiliary label shall be applied in a\\nmanner which would inhibit its removal.\\n 5. (a) No more than a thirty day supply or, pursuant to regulations of\\nthe commissioner enumerating conditions warranting specified greater\\nsupplies, no more than a three month supply of a schedule II, III or IV\\nsubstance, as determined by the directed dosage and frequency of dosage,\\nmay be dispensed by an authorized practitioner at one time.\\n (b) Notwithstanding the provisions of paragraph (a) of this\\nsubdivision, a practitioner, within the scope of his or her professional\\nopinion or discretion, may not prescribe more than a seven-day supply of\\nany schedule II, III, or IV opioid to an ultimate user upon the initial\\nconsultation or treatment of such user for acute pain. Upon any\\nsubsequent consultations for the same pain, the practitioner may issue,\\nin accordance with paragraph (a) of this subdivision, any appropriate\\nrenewal, refill, or new prescription for the opioid or any other drug.\\n (c) For the purposes of this subdivision, \"acute pain\" shall mean\\npain, whether resulting from disease, accidental or intentional trauma,\\nor other cause, that the practitioner reasonably expects to last only a\\nshort period of time. Such term shall not include chronic pain, pain\\nbeing treated as part of cancer care, hospice or other end-of-life care,\\nor pain being treated as part of palliative care practices.\\n 6. A practitioner dispensing a controlled substance shall file\\ninformation pursuant to such dispensing with the department by\\nelectronic means in such manner and detail as the commissioner shall, by\\nregulation, require. This requirement shall not apply to the dispensing\\nby a practitioner pursuant to subdivision five of section thirty-three\\nhundred fifty-one of this article.\\n 7. A practitioner may not administer, prescribe or dispense any\\nsubstance referred to in subdivision (h) of Schedule II, and subdivision\\n(g) of Schedule III, of section three thousand three hundred six of this\\narticle for other than therapeutic purposes. A practitioner may not\\nadminister, prescribe or dispense any such substance to any individual\\nwithout first obtaining the informed consent of such individual, or\\nwhere the individual lacks capacity to give such consent, a person\\nlegally authorized to consent on his or her behalf.\\n 8. No opioids shall be prescribed to a patient initiating or being\\nmaintained on opioid treatment for pain which has lasted more than three\\nmonths or past the time of normal tissue healing, unless the medical\\nrecord contains a written treatment plan that follows generally accepted\\nnational professional or governmental guidelines. The requirements of\\nthis paragraph shall not apply in the case of patients who are being\\ntreated for cancer that is not in remission, who are in hospice or other\\nend-of-life care, or whose pain is being treated as part of palliative\\ncare practices.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3332", "title" : "Making of official New York state prescriptions or electronic prescriptions for scheduled substances", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3332", "activeDate" : "2014-09-22", "sequenceNo" : 1436, "repealedDate" : null, "fromSection" : "3332", "toSection" : "3332", "text" : " § 3332. Making of official New York state prescriptions or electronic\\nprescriptions for scheduled substances. 1. No controlled substance may\\nbe prescribed by a practitioner except on an official New York state\\nprescription or on an electronic prescription, and in good faith and in\\nthe course of his or her professional practice only.\\n 2. Such prescription shall be prepared on an official New York state\\nprescription form, written with ink, indelible pencil or, apart from the\\npractitioner's signature, typewriter or electronic printer, or to the\\nextent authorized by federal requirements, on an electronic\\nprescription. The original official New York state prescription or the\\nelectronic prescription must contain the following:\\n (a) the name, address, and age of the ultimate user for whom the\\nsubstance is intended, or, if the ultimate user is an animal, the\\nspecies of such animal and the name and address of the owner or person\\nhaving custody of such animal;\\n (b) the name, address, Federal registration number, telephone number,\\nand handwritten signature of the prescribing practitioner, except that\\nan electronic prescription must contain the electronic signature of the\\nprescribing practitioner;\\n (c) specific directions for use, including but not limited to the\\ndosage and frequency of dosage and the maximum daily dosage;\\n (d) the date upon which such prescription was actually signed by the\\nprescribing practitioner.\\n 3. No such prescription shall be made for a quantity of controlled\\nsubstances which would exceed a thirty day supply if the controlled\\nsubstance were used in accordance with the directions for use specified\\non the prescription. A practitioner may, however, issue a prescription\\nfor up to a three month supply of a controlled substance provided that\\nthe controlled substance has been prescribed to treat one of the\\nconditions that have been enumerated by the commissioner pursuant to\\nregulations as warranting the prescribing of greater than a thirty day\\nsupply of a controlled substance and that the practitioner specifies the\\ncondition on the face of the prescription. No additional prescriptions\\nfor a controlled substance may be issued by a practitioner to an\\nultimate user within thirty days of the date of any prescription\\npreviously issued unless and until the ultimate user has exhausted all\\nbut a seven day supply of the controlled substance provided by any\\npreviously issued prescription. A practitioner may, however, issue a\\nprescription for up to a six month supply of any substance listed in\\nsubdivision (h) of Schedule II of section thirty-three hundred six of\\nthis article provided that such substance has been prescribed to treat\\none of the conditions that have been enumerated by the commissioner\\npursuant to regulations as warranting the prescribing of a six month\\nsupply and that the practitioner specifies the condition on the\\nprescription or on the electronic prescription.\\n 4. The practitioner shall deliver the original official New York state\\nprescription to the ultimate user or shall transmit the electronic\\nprescription to the pharmacy.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3333", "title" : "Dispensing upon official New York state prescription or electronic prescription", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3333", "activeDate" : "2014-09-22", "sequenceNo" : 1437, "repealedDate" : null, "fromSection" : "3333", "toSection" : "3333", "text" : " § 3333. Dispensing upon official New York state prescription or\\nelectronic prescription. 1. A licensed pharmacist may, in good faith and\\nin the course of his or her professional practice, sell and dispense to\\nan ultimate user controlled substances only upon the delivery of an\\nofficial New York state prescription or the receipt of an electronic\\nprescription to such pharmacist, within thirty days of the date such\\nprescription was signed by an authorized practitioner; provided,\\nhowever, a pharmacist may dispense a part or portion of such\\nprescription in accordance with regulations of the commissioner in\\nconsultation with the commissioner of education. No pharmacy or\\npharmacist may sell or dispense greater than a thirty day supply of a\\ncontrolled substance to an ultimate user unless and until the ultimate\\nuser has exhausted all but a seven day supply of the controlled\\nsubstance provided pursuant to any previously issued prescription,\\nexcept that a pharmacy or pharmacist may sell or dispense up to a three\\nmonth supply of a controlled substance if there appears, on the official\\nNew York state prescription or electronic prescription, a statement that\\nthe controlled substance has been prescribed to treat one of the\\nconditions that have been enumerated by the regulations of the\\ncommissioner as warranting the prescribing of greater than a thirty day\\nsupply of a controlled substance. A pharmacy or pharmacist may sell or\\ndispense up to a six month supply of any substance listed in subdivision\\n(h) of Schedule II of section thirty-three hundred six of this article\\nif there appears, on the official New York state prescription or on an\\nelectronic prescription, a statement that the substance has been\\nprescribed to treat one of the conditions that have been enumerated by\\nthe regulations of the commissioner as warranting the prescribing of a\\nspecified greater supply.\\n 2. No controlled substance may be so dispensed or sold unless it is\\nenclosed within a suitable container, and:\\n (a) Affixed to such container is a label upon which is indelibly\\ntyped, printed, or otherwise legibly written the following:\\n (i) the name and address of the ultimate user for whom the substance\\nis intended, or if intended for use upon an animal, the species of such\\nanimal and the name and address of the owner or person in custody of\\nsuch animal;\\n (ii) the name, address, and telephone number of the pharmacy from\\nwhich such substance is dispensed;\\n (iii) specific directions for use as stated on the prescription;\\n (iv) the name of the prescribing practitioner;\\n (v) the legend, prominently marked or printed in either boldface or\\nupper case lettering: \"CONTROLLED SUBSTANCE, DANGEROUS UNLESS USED AS\\nDIRECTED\";\\n (vi) the number of the prescription under which it is recorded in the\\npharmacist's prescription file;\\n (vii) such code number assigned by the department for the particular\\nsubstance pursuant to section thirty-three hundred eighteen of this\\narticle, or when requested by the practitioner, the name of such\\nsubstance;\\n (b) Such container shall be identified as a controlled substance by\\neither:\\n (i) an orange label;\\n (ii) a label of another color over which is superimposed an orange\\ntransparent adhesive tape; or\\n (iii) an auxiliary orange label affixed to the front of such container\\nand bearing the legend, prominently marked or printed \"Controlled\\nSubstance, Dangerous Unless Used As Directed\";\\n (c) Any label, transparency, or auxiliary label shall be applied in a\\nmanner which would inhibit its removal.\\n 3. The pharmacist filling the controlled substance prescription shall\\nendorse upon the original official New York state prescription the date\\nof delivery and his or her signature or, if an electronic prescription,\\nhis or her electronic signature.\\n 4. The endorsed original prescription shall be retained by the\\nproprietor of the pharmacy for a period of five years. The proprietor of\\nthe pharmacy shall file or cause to be filed such prescription\\ninformation with the department by electronic means on a real time basis\\nas the commissioner in consultation with the commissioner of education\\nshall, by regulation, require; provided, however, that the commissioner\\nmay, pursuant to a process established in regulation, grant a waiver\\nallowing a pharmacy to make such filings within a longer period of time\\nif and to the extent that the commissioner finds it warranted, in his or\\nher discretion, due to economic hardship, technological limitations that\\nare not reasonably within the control of the pharmacy, or other\\nexceptional circumstance demonstrated by the pharmacy; and provided,\\nfurther, however, that such regulations shall specify the manner in\\nwhich such requirements shall apply to the delivery of controlled\\nsubstances to individuals in this state by means of mail or licensed\\nexpress delivery services.\\n 5. When filing prescription information electronically pursuant to\\nsubdivision four of this section, the proprietor of the pharmacy shall\\ndispose of any electronically recorded prescription information in such\\nmanner as the commissioner shall by regulation require.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3334", "title" : "Emergency oral prescriptions for schedule II drugs and certain other controlled substances", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3334", "activeDate" : "2014-09-22", "sequenceNo" : 1438, "repealedDate" : null, "fromSection" : "3334", "toSection" : "3334", "text" : " § 3334. Emergency oral prescriptions for schedule II drugs and certain\\nother controlled substances. 1. In an emergency situation, as defined by\\nrule or regulation of the department, a practitioner may orally\\nprescribe and a pharmacist may dispense to an ultimate user controlled\\nsubstances in schedule II and those schedule III or schedule IV\\ncontrolled substances as the commissioner may, by regulation, require;\\nprovided however the pharmacist shall:\\n (a) contemporaneously reduce such prescription to writing or to the\\nextent authorized by federal requirements, to an electronic record;\\n (b) dispense the substance in conformity with the labeling\\nrequirements applicable to the type of prescription which would be\\nrequired but for the emergency; and\\n (c) make a good faith effort to verify the practitioner's identity, if\\nthe practitioner is unknown to the pharmacist.\\n 2. No oral prescription shall be filled for a quantity of controlled\\nsubstances which would exceed a five day supply if the substance were\\nused in accordance with the directions for use.\\n 3. Within seventy-two hours after authorizing an emergency oral\\nprescription, the prescribing practitioner shall cause to be delivered\\nto the pharmacist the original of an official New York state\\nprescription or an electronic prescription. Such prescription shall, in\\naddition to the information otherwise required, also have upon the\\nofficial New York state prescription or upon the electronic prescription\\nthe words: \"Authorization for emergency dispensing.\" If the pharmacist\\nfails to receive such prescription he or she shall notify the department\\nin writing or electronically within seven days from the date of\\ndispensing the substance.\\n 4. Such official New York state prescription or electronic\\nprescription shall be endorsed, and retained and filed in the same\\nmanner as is otherwise required for such prescriptions.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3335", "title" : "Dispensing by online dispensers of controlled substances", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3335", "activeDate" : "2014-09-22", "sequenceNo" : 1439, "repealedDate" : null, "fromSection" : "3335", "toSection" : "3335", "text" : " § 3335. Dispensing by online dispensers of controlled substances. A\\ncontrolled substance may be sold, delivered, or dispensed by means of\\nthe internet but only in accordance with this article. An online\\ndispenser shall file with the department by electronic means information\\nconcerning the dispensing by means of the internet, of any controlled\\nsubstances in such manner as the commissioner by regulation shall\\nrequire.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3337", "title" : "Oral prescriptions schedule III, IV and V substances", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3337", "activeDate" : "2014-09-22", "sequenceNo" : 1440, "repealedDate" : null, "fromSection" : "3337", "toSection" : "3337", "text" : " § 3337. Oral prescriptions schedule III, IV and V substances. 1.\\nExcept as provided in section thirty-three hundred thirty-four of this\\ntitle, a practitioner may orally prescribe and a pharmacist may dispense\\nto an ultimate user controlled substances in schedules III, IV or V\\nprovided however the pharmacist shall:\\n (a) contemporaneously reduce such prescription to writing or, to the\\nextent authorized by federal requirements, an electronic record;\\n (b) dispense the substance in conformity with the labeling\\nrequirements applicable to a prescription; and\\n (c) make a good faith effort to verify the practitioner's identity, if\\nthe practitioner is unknown to the pharmacist.\\n 2. No oral prescription shall be filled for a quantity of controlled\\nsubstances which would exceed a five day supply if the controlled\\nsubstance were used in accordance with the directions for use, except\\nthat with respect to a schedule IV substance such prescription shall not\\nexceed a thirty-day supply or one hundred dosage units, whichever is\\nless; provided, however, that this provision shall not apply to any\\nschedule IV controlled substance limited to a five day supply by section\\nthirty-three hundred thirty-four of this title.\\n 3. Within seventy-two hours after authorizing such an oral\\nprescription, the prescribing practitioner shall cause to be delivered\\nto the pharmacist an official New York state prescription or an\\nelectronic prescription. If the pharmacist fails to receive such\\nprescription he or she shall make a record of such fact in such manner\\nand detail as the commissioner in consultation with the commissioner of\\neducation, by regulation, shall require.\\n 4. Such official New York state prescription or electronic\\nprescription shall be endorsed, retained and filed in the same manner as\\nis otherwise required for such prescriptions.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3338", "title" : "Official New York state prescription forms", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3338", "activeDate" : "2014-09-22", "sequenceNo" : 1441, "repealedDate" : null, "fromSection" : "3338", "toSection" : "3338", "text" : " § 3338. Official New York state prescription forms. 1. Official New\\nYork state prescription forms shall be prepared and issued by the\\ndepartment in the manner and detail as the commissioner in consultation\\nwith the commissioner of education may, by regulation, require, and,\\neach form shall be serialized. Such forms shall be furnished to\\npractitioners authorized to write such prescriptions and to\\ninstitutional dispensers. Such prescription blanks shall not be\\ntransferable.\\n 2. Except as expressly authorized by section thirty-three hundred\\nthirty-four or thirty-three hundred thirty-seven of this article,\\ncontrolled substances may be prescribed or dispensed only upon an\\nofficial New York state prescription or, pursuant to regulations, an\\nelectronic prescription or out-of-state prescription.\\n 3. The commissioner in consultation with the commissioner of education\\nis hereby authorized and empowered to make rules and regulations, not\\ninconsistent with this article, with respect to the retention or filing\\nof such official New York state prescription forms, electronic\\nprescriptions and out-of-state prescriptions, including information\\nrequired to be filed with the department, the maximum number of official\\nprescription forms which may be issued at any one time, the manner in\\nwhich such forms shall be issued, the period of time after issuance by\\nthe department that such form shall remain valid for use, and the manner\\nin which practitioners associated with institutional dispensers may use\\nsuch forms, or any other matter of procedure or detail necessary to\\neffectuate or clarify the provisions of this section and to secure\\nproper and effective enforcement of the provisions of this article.\\n 4. Upon a finding by the commissioner that a person has willfully\\nfailed to comply with the provisions of this article, the commissioner\\nmay revoke, cancel or withhold official New York state prescription\\nforms which have been issued or for which application has been made.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3339", "title" : "Refilling of prescriptions for controlled substances", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3339", "activeDate" : "2014-09-22", "sequenceNo" : 1442, "repealedDate" : null, "fromSection" : "3339", "toSection" : "3339", "text" : " § 3339. Refilling of prescriptions for controlled substances. 1.\\nPrescriptions for a schedule II controlled substance and those schedule\\nIII or schedule IV controlled substances which the commissioner may\\nrequire by regulation may not be refilled.\\n 2. A prescription, except for a schedule II controlled substance or\\nthose schedule III or schedule IV controlled substances which the\\ncommissioner may require by regulation may be refilled not more than the\\nnumber of times specifically authorized by the prescriber upon the\\nprescription, provided however no such authorization shall be effective\\nfor a period greater than six months from the date the prescription is\\nsigned. In the event that the prescription authorizes the dispensing of\\nmore than a thirty day supply of schedule III, schedule IV or schedule V\\nsubstances pursuant to regulations of the commissioner enumerating\\nconditions warranting specified greater supplies, the prescription may\\nbe refilled only once.\\n 3. Unless an earlier refilling is authorized by the prescriber, no\\nprescription for a controlled substance may be refilled earlier than\\nseven days prior to the date the previously dispensed supply would be\\nexhausted if used in conformity with the directions for use.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3341", "title" : "Institutional dispensers certificates of approval", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3341", "activeDate" : "2014-09-22", "sequenceNo" : 1443, "repealedDate" : null, "fromSection" : "3341", "toSection" : "3341", "text" : " § 3341. Institutional dispensers certificates of approval. 1. No\\ninstitutional dispenser as herein before defined, shall receive, possess\\nor cause controlled substances to be administered or dispensed without\\nfirst having been issued a certificate of approval authorizing such\\nactivity by the commissioner.\\n 2. Upon application of an institutional dispenser for a certificate of\\napproval, the commissioner shall issue such certificate if he is\\nsatisfied that:\\n (a) the applicant and its managing officers are of good moral\\ncharacter;\\n (b) the applicant possesses the necessary land, building,\\nparaphernalia and staff to properly carry on the activities described in\\nthe application;\\n (c) the applicant will be able to maintain effective control against\\ndiversion of controlled substances; and\\n (d) the applicant will be able to comply with all applicable state and\\nfederal laws.\\n 3. Institutional dispensers to whom such certificates have been issued\\nshall thereafter register biennially with the department. The fee for\\nsuch certificate and for each biennial registration shall be one hundred\\ndollars.\\n 4. Certificates and registrations issued under this section shall be\\neffective only for and shall specify:\\n (a) the name and address of the institutional dispenser;\\n (b) the nature of the controlled substance, or substances, either by\\nname or schedule, or both, for which the certificate or registration is\\nissued.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3342", "title" : "Dispensing and administering by institutional dispensers", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2024-11-29", "2025-02-28", "2025-11-28", "2026-02-27" ], "docLevelId" : "3342", "activeDate" : "2014-09-22", "sequenceNo" : 1444, "repealedDate" : null, "fromSection" : "3342", "toSection" : "3342", "text" : " § 3342. Dispensing and administering by institutional dispensers. 1.\\nAn institutional dispenser may cause controlled substances to be\\nadministered or dispensed for use on its premises or for the immediate\\ncare or treatment of a patient lawfully being transferred in an\\nemergency situation, as defined by rule or regulation of the\\ncommissioner, to an alternative medical facility only pursuant to a\\nwritten order by a practitioner for medication. Such orders shall be\\nmade and preserved in the manner and form as the commissioner shall, by\\nregulation, prescribe.\\n 2. An institutional dispenser may dispense controlled substances for\\nuse off its premises only pursuant to a prescription, prepared and filed\\nin conformity with this title, provided, however, that, in an emergency\\nsituation as defined by rule or regulation of the department, a\\npractitioner in a hospital without a full-time pharmacy may dispense\\ncontrolled substances to a patient in a hospital emergency room for use\\noff the premises of the institutional dispenser for a period not to\\nexceed twenty-four hours.\\n 3. An institutional dispenser shall maintain records of all controlled\\nsubstances dispensed and administered in such manner as the commissioner\\nshall, by regulation, require.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3343", "title" : "Reports and records", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3343", "activeDate" : "2014-09-22", "sequenceNo" : 1445, "repealedDate" : null, "fromSection" : "3343", "toSection" : "3343", "text" : " § 3343. Reports and records. 1. Prescriptions and copies of\\nprescriptions shall be preserved in the following manner:\\n (a) dispensing practitioners filing information electronically\\npursuant to subdivision six of section thirty-three hundred thirty-one\\nof this article, shall dispose of any electronically recorded\\ninformation in such manner as the commissioner in consultation with the\\ncommissioner of education shall by regulation require;\\n (b) pharmacists dispensing controlled substances upon prescription\\nshall preserve such prescriptions in such manner as the commissioner in\\nconsultation with the commissioner of education shall, by regulation,\\nrequire.\\n 2. Practitioners and pharmacies shall maintain records of all\\ncontrolled substances received and dispensed in such manner as the\\ncommissioner shall, by regulation, require.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3343-A", "title" : "Prescription monitoring program registry", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2026-06-05" ], "docLevelId" : "3343-A", "activeDate" : "2014-09-22", "sequenceNo" : 1446, "repealedDate" : null, "fromSection" : "3343-A", "toSection" : "3343-A", "text" : " § 3343-a. Prescription monitoring program registry. 1. Establishment\\nof system. (a) The commissioner shall, in accordance with the provisions\\nof this section, establish and maintain an electronic system for\\ncollecting, monitoring and reporting information concerning the\\nprescribing and dispensing of controlled substances, to be known as the\\nprescription monitoring program registry. The registry shall include\\ninformation reported by pharmacies on a real time basis, as set forth in\\nsubdivision four of section thirty-three hundred thirty-three of this\\narticle.\\n (b) The registry shall include, for each person to whom a prescription\\nfor controlled substances has been dispensed, all patient-specific\\ninformation covering such period of time as is deemed appropriate and\\nfeasible by the commissioner, but no less than six months and no more\\nthan five years. Such patient-specific information shall be obtained\\nfrom the prescription information reported by pharmacies pursuant to\\nsubdivision four of section thirty-three hundred thirty-three of this\\narticle and by practitioners who dispense pursuant to subdivision six of\\nsection thirty-three hundred thirty-one of this article, and shall be\\nprocessed and included in the registry by the department without undue\\ndelay. For purposes of this article, \"patient-specific information\"\\nmeans information pertaining to individual patients included in the\\nregistry, which shall include the following information and such other\\ninformation as is required by the department in regulation:\\n (i) the patient's name;\\n (ii) the patient's residential address;\\n (iii) the patient's date of birth;\\n (iv) the patient's gender;\\n (v) the date on which the prescription was issued;\\n (vi) the date on which the controlled substance was dispensed;\\n (vii) the metric quantity of the controlled substance dispensed;\\n (viii) the number of days supply of the controlled substance\\ndispensed;\\n (ix) the name of the prescriber;\\n (x) the prescriber's identification number, as assigned by the drug\\nenforcement administration;\\n (xi) the name or identifier of the drug that was dispensed; and\\n (xii) the payment method.\\n (c) The registry shall be secure, easily accessible by practitioners\\nand pharmacists, and compatible with the electronic transmission of\\nprescriptions for controlled substances, as required by section two\\nhundred eighty-one of this chapter, and section sixty-eight hundred ten\\nof the education law, and any regulations promulgated pursuant thereto.\\nTo the extent practicable, implementation of the electronic transmission\\nof prescriptions for controlled substances shall serve to streamline\\nconsultation of the registry by practitioners and reporting of\\nprescription information by pharmacists. The registry shall be\\ninteroperable with other similar registries operated by federal or state\\ngovernments, to the extent deemed appropriate by the commissioner, and\\nsubject to the provisions of section thirty-three hundred seventy-one-a\\nof this article.\\n (d) The department shall establish and implement such protocols as are\\nreasonably necessary to ensure that information contained in the\\nregistry is maintained in a secure and confidential manner and is\\naccessible only by practitioners, pharmacists or their designees for the\\npurposes established in subdivisions two and three of this section, or\\nas otherwise set forth in sections thirty-three hundred seventy-one and\\nthirty-three hundred seventy-one-a of this article. Such protocols shall\\ninclude a mechanism for the department to monitor and record access to\\nthe registry, which shall identify the authorized individual accessing\\nand each controlled substance history accessed.\\n 2. Duty to consult prescription monitoring program registry;\\npractitioners. (a) Every practitioner shall consult the prescription\\nmonitoring program registry prior to prescribing or dispensing any\\ncontrolled substance listed on schedule II, III or IV of section\\nthirty-three hundred six of this article, for the purpose of reviewing a\\npatient's controlled substance history as set forth in such registry;\\nprovided, however, that nothing in this section shall preclude an\\nauthorized practitioner, other than a veterinarian, from consulting the\\nregistry at his or her option prior to prescribing or dispensing any\\ncontrolled substance. The duty to consult the registry shall not apply\\nto:\\n (i) veterinarians;\\n (ii) a practitioner dispensing pursuant to subdivision three of\\nsection thirty-three hundred fifty-one of this article;\\n (iii) a practitioner administering a controlled substance;\\n (iv) a practitioner prescribing or ordering a controlled substance for\\nuse on the premises of an institutional dispenser pursuant to section\\nthirty-three hundred forty-two of this title;\\n (v) a practitioner prescribing a controlled substance in the emergency\\ndepartment of a general hospital, provided that the quantity of\\ncontrolled substance prescribed does not exceed a five day supply if the\\ncontrolled substance were used in accordance with the directions for\\nuse;\\n (vi) a practitioner prescribing a controlled substance to a patient\\nunder the care of a hospice, as defined by section four thousand two of\\nthis chapter;\\n (vii) a practitioner when:\\n (A) it is not reasonably possible for the practitioner to access the\\nregistry in a timely manner;\\n (B) no other practitioner or designee authorized to access the\\nregistry, pursuant to paragraph (b) of this subdivision, is reasonably\\navailable; and\\n (C) the quantity of controlled substance prescribed does not exceed a\\nfive day supply if the controlled substance were used in accordance with\\nthe directions for use;\\n (viii) a practitioner acting in compliance with regulations that may\\nbe promulgated by the commissioner as to circumstances under which\\nconsultation of the registry would result in a patient's inability to\\nobtain a prescription in a timely manner, thereby adversely impacting\\nthe medical condition of such patient;\\n (ix) a situation where the registry is not operational as determined\\nby the department or where it cannot be accessed by the practitioner due\\nto a temporary technological or electrical failure, as set forth in\\nregulation; or\\n (x) a practitioner who has been granted a waiver due to technological\\nlimitations that are not reasonably within the control of the\\npractitioner, or other exceptional circumstance demonstrated by the\\npractitioner, pursuant to a process established in regulation, and in\\nthe discretion of the commissioner.\\n (b) For purposes of this section, a practitioner may authorize a\\ndesignee to consult the prescription monitoring program registry on his\\nor her behalf, provided that: (i) the designee so authorized is employed\\nby the same professional practice or is under contract with such\\npractice; (ii) the practitioner takes reasonable steps to ensure that\\nsuch designee is sufficiently competent in the use of the registry;\\n(iii) the practitioner remains responsible for ensuring that access to\\nthe registry by the designee is limited to authorized purposes and\\noccurs in a manner that protects the confidentiality of the information\\nobtained from the registry, and remains responsible for any breach of\\nconfidentiality; and (iv) the ultimate decision as to whether or not to\\nprescribe or dispense a controlled substance remains with the\\npractitioner and is reasonably informed by the relevant controlled\\nsubstance history information obtained from the registry. The\\ncommissioner shall establish in regulation reasonable parameters with\\nregard to a practitioner's ability to authorize designees pursuant to\\nthis section, which shall include processes necessary to allow the\\ndepartment to: (A) grant access to the registry in a reasonably prompt\\nmanner to as many designees as are authorized by practitioners, up to\\nthe number deemed appropriate by the commissioner for particular\\nprofessional practices or types of practices, taking into account the\\nneed to maintain security of the registry and the patient-specific\\ninformation maintained therein, and the objective of minimizing burdens\\nto practitioners to the extent practicable; (B) require that\\npractitioners notify the department upon terminating the authorization\\nof any designee; and (C) establish a mechanism to prevent such\\nterminated designees from accessing the registry in a reasonably prompt\\nmanner following such notification.\\n 3. Authority to consult prescription monitoring program registry;\\npharmacists. (a) A pharmacist may consult the prescription monitoring\\nprogram registry in order to review the controlled substance history of\\nan individual for whom one or more prescriptions for controlled\\nsubstances is presented to such pharmacist.\\n (b) For purposes of this section, a pharmacist may designate another\\npharmacist, a pharmacy intern, as defined by section sixty-eight hundred\\nsix of the education law, or other individual as may be permitted by the\\ncommissioner in regulation, to consult the prescription monitoring\\nprogram registry on the pharmacist's behalf, provided that such designee\\nis employed by the same pharmacy or is under contract with such\\npharmacy. The commissioner shall establish in regulation reasonable\\nparameters with regard to a pharmacist's ability to authorize designees\\npursuant to this section, which shall include processes necessary to\\nallow the department to: (A) grant access to the registry in a\\nreasonably prompt manner to as many designees as are authorized by\\npharmacists, up to the number deemed appropriate by the commissioner for\\nparticular pharmacies, taking into account the need to maintain security\\nof the registry and the patient-specific information maintained therein,\\nand the objective of minimizing burdens to pharmacists to the extent\\npracticable; (B) require that pharmacists notify the department upon\\nterminating the authorization of any designee; and (C) establish a\\nmechanism to prevent such terminated designees from accessing the\\nregistry in a reasonably prompt manner following such notification.\\n 4. Immunity. No practitioner or pharmacist, and no person acting on\\nbehalf of such practitioner or pharmacist as permitted under this\\nsection, acting with reasonable care and in good faith shall be subject\\nto civil liability arising from any false, incomplete or inaccurate\\ninformation submitted to or reported by the registry or for any\\nresulting failure of the system to accurately or timely report such\\ninformation; provided, however, that nothing in this subdivision shall\\nbe deemed to alter the obligation to submit or report prescription\\ninformation to the department as otherwise set forth in this article or\\nin regulations promulgated pursuant thereto.\\n 5. Guidance to practitioners and pharmacists. The commissioner shall,\\nin consultation with the commissioner of education, provide guidance to\\npractitioners, pharmacists, and pharmacies regarding the purposes and\\nuses of the registry established by this section and the means by which\\npractitioners and pharmacists can access the registry. Such guidance\\nshall reference educational information available pursuant to the\\nprescription pain medication awareness program established pursuant to\\nsection thirty-three hundred nine-a of this article.\\n 6. Individual access to controlled substance histories. The\\ncommissioner shall establish procedures by which an individual may: (a)\\nrequest and obtain his or her own controlled substances history\\nconsisting of patient-specific information or, in appropriate\\ncircumstances, that of a patient who lacks capacity to make health care\\ndecisions and for whom the individual has legal authority to make such\\ndecisions and would have legal access to the patient's health care\\nrecords; or (b) seek review of any part of his or her controlled\\nsubstances history or, in appropriate circumstances, that of a patient\\nwho lacks capacity to make health care decisions and for whom the\\nindividual has legal authority to make such decisions and would have\\nlegal access to the patient's health care records, that such individual\\ndisputes. Such procedures shall require the department to promptly\\nrevise any information accessible through the registry that the\\ndepartment determines to be inaccurate. Such procedures shall be\\ndescribed on the department's website and included with the controlled\\nsubstances history provided to an individual pursuant to a request made\\nunder this subdivision or under subparagraph (iv) of paragraph (a) of\\nsubdivision two of section thirty-three hundred seventy-one of this\\narticle.\\n 7. Department analysis of data. The department shall periodically\\nanalyze data contained in the prescription monitoring program registry\\nto identify information that indicates that a violation of law or breach\\nof professional standards may have occurred and, as warranted, provide\\nany relevant information to appropriate entities as permitted under\\nsection thirty-three hundred seventy-one of this article. The department\\nshall keep a record of the information provided, including, but not\\nlimited to, the specific information provided and the agency to which\\nsuch information was provided, including the name and title of the\\nperson to whom such information was provided and an attestation from\\nsuch person that he or she has authority to receive such information.\\n 8. Funding the prescription monitoring program registry. (a) The\\ncommissioner shall make reasonable efforts to apply for monies available\\nfrom the federal government and other institutions, to the extent deemed\\nappropriate by the commissioner, and use any monies so obtained to\\nsupplement any other monies made available for the purposes of this\\ntitle.\\n (b) Operation of the registry established by this section shall not be\\nfunded, in whole or in part, by fees imposed specifically for such\\npurposes upon practitioners, pharmacists, designees or patients subject\\nto this section.\\n 9. Rules and regulations. The commissioner shall promulgate such rules\\nand regulations as are necessary to effectuate the provisions of this\\nsection, in consultation with the work group established pursuant to\\nsubdivision three of section thirty-three hundred nine-a of this\\narticle.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3343-B", "title" : "Safe disposal of unused controlled substances", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2014-10-03", "2015-11-06", "2018-07-13", "2019-01-18" ], "docLevelId" : "3343-B", "activeDate" : "2019-01-18", "sequenceNo" : 1447, "repealedDate" : null, "fromSection" : "3343-B", "toSection" : "3343-B", "text" : " § 3343-b. Safe disposal of unused controlled substances. 1. The\\ndepartment shall oversee a program for the safe disposal of unused\\ncontrolled substances by consumers in accordance with federal law and\\narticle two-B of this chapter. Individual members of the public shall be\\nauthorized to voluntarily surrender controlled substances listed on\\nschedule II, III, IV or V of section thirty-three hundred six of this\\narticle in a secure manner, without identifying themselves. Safe\\ndisposal methods shall be publicized consistent with the prescription\\npain medication awareness program established pursuant to section\\nthirty-three hundred nine-a of this article and article two-B of this\\nchapter.\\n 2. The surrender of a controlled substance pursuant to this section\\nand article two-B of this chapter shall not constitute the possession,\\ntransfer or sale of such controlled substance for purposes of this\\narticle or the penal law.\\n 3. Except as provided in article two-B of this chapter, disposal sites\\nshall be operated by law enforcement agencies, pharmacies and other\\nFederal Drug Enforcement Administration authorized collectors on a\\nvoluntary basis, provided, however, that such disposal sites shall not\\nbe precluded from operating as part of a drug take back program\\nestablished pursuant to article two-B of this chapter. Nothing in this\\nsection shall require any political subdivision of the state to\\nparticipate in the program established in this section.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3345", "title" : "Possession of controlled substances by ultimate users original container", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3345", "activeDate" : "2014-09-22", "sequenceNo" : 1448, "repealedDate" : null, "fromSection" : "3345", "toSection" : "3345", "text" : " § 3345. Possession of controlled substances by ultimate users original\\ncontainer. Except for the purpose of current use by the person or\\nanimal for whom such substance was prescribed or dispensed, it shall be\\nunlawful for an ultimate user of controlled substances to possess such\\nsubstance outside of the original container in which it was dispensed.\\n Violation of this provision shall be an offense punishable by a fine\\nof not more than fifty dollars.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 15 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A33T5", "title" : "Dispensing to Addicts and Habitual Users", "docType" : "TITLE", "publishedDates" : [ "2014-09-22", "2025-11-28" ], "docLevelId" : "5", "activeDate" : "2014-09-22", "sequenceNo" : 1449, "repealedDate" : null, "fromSection" : "3350", "toSection" : "3352", "text" : " TITLE V\\n DISPENSING TO ADDICTS AND HABITUAL USERS\\nSection 3350. Dispensing prohibition.\\n 3351. Dispensing for medical use.\\n 3352. Reports and records.\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3350", "title" : "Dispensing prohibition", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2025-11-28" ], "docLevelId" : "3350", "activeDate" : "2014-09-22", "sequenceNo" : 1450, "repealedDate" : null, "fromSection" : "3350", "toSection" : "3350", "text" : " § 3350. Dispensing prohibition. Controlled substances may not be\\nprescribed for, or administered or dispensed to addicts or habitual\\nusers of controlled substances, except as provided by this title or\\ntitle III.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3351", "title" : "Dispensing for medical use", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2025-11-28", "2026-02-20" ], "docLevelId" : "3351", "activeDate" : "2014-09-22", "sequenceNo" : 1451, "repealedDate" : null, "fromSection" : "3351", "toSection" : "3351", "text" : " § 3351. Dispensing for medical use. 1. Controlled substances may be\\nprescribed for, or administered or dispensed to an addict or habitual\\nuser:\\n (a) during emergency medical treatment unrelated to abuse of\\ncontrolled substances;\\n (b) who is a bona fide patient suffering from an incurable and fatal\\ndisease such as cancer or advanced tuberculosis;\\n (c) who is aged, infirm, or suffering from serious injury or illness\\nand the withdrawal from controlled substances would endanger the life or\\nimpede or inhibit the recovery of such person.\\n 2. Controlled substances may be ordered for use by an addict or\\nhabitual user by a practitioner and administered by a practitioner or\\nregistered nurse to relieve acute withdrawal symptoms.\\n 3. Methadone, or such other controlled substance designated by the\\ncommissioner as appropriate for such use, may be ordered for use of an\\naddict by a practitioner and dispensed or administered by a practitioner\\nor his designated agent as interim treatment for an addict on a waiting\\nlist for admission to an authorized maintenance program.\\n 4. Methadone, or such other controlled substance designated by the\\ncommissioner as appropriate for such use, may be administered to an\\naddict by a practitioner or by his designated agent acting under the\\ndirection and supervision of a practitioner, as part of a regime\\ndesigned and intended to withdraw a patient from addiction to controlled\\nsubstances.\\n 5. Methadone, or such other controlled substance designated by the\\ncommissioner as appropriate for such use, may be administered to an\\naddict by a practitioner or by his designated agent acting under the\\ndirection and supervision of a practitioner, as part of a substance\\nabuse or chemical dependence program approved pursuant to article\\ntwenty-three or thirty-two of the mental hygiene law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3352", "title" : "Reports and records", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3352", "activeDate" : "2014-09-22", "sequenceNo" : 1452, "repealedDate" : null, "fromSection" : "3352", "toSection" : "3352", "text" : " § 3352. Reports and records. Persons certified pursuant to article\\nthirty-two of the mental hygiene law to operate methadone maintenance\\ntreatment programs shall keep records showing the receipt,\\nadministration, dispensing, or destruction of all controlled substances\\nand documenting each incident or alleged incident involving the theft,\\nloss or possible diversion of controlled substances and shall maintain\\nthe records in such manner and detail as the commissioner, by\\nregulation, shall require.\\n A person certified to conduct a maintenance program shall immediately\\nfile a report with the department of each incident or alleged incident\\ninvolving the theft, loss or possible diversion of controlled\\nsubstances.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 3 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A33T5-A", "title" : "Medical Use of Marihuana", "docType" : "TITLE", "publishedDates" : [ "2014-09-22", "2015-11-13", "2021-04-02" ], "docLevelId" : "5-A", "activeDate" : "2015-11-13", "sequenceNo" : 1453, "repealedDate" : null, "fromSection" : "3360", "toSection" : "3369-E", "text" : " * TITLE V-A\\n MEDICAL USE OF MARIHUANA\\nSection 3360. Definitions.\\n 3361. Certification of patients.\\n 3362. Lawful medical use.\\n 3363. Registry identification cards.\\n 3364. Registered organizations.\\n 3365. Registering of registered organizations.\\n 3365-a. Expedited registration of registered organizations.\\n 3366. Reports by registered organizations.\\n 3367. Evaluation; research programs; report by department.\\n 3368. Relation to other laws.\\n 3369. Protections for the medical use of marihuana.\\n 3369-a. Regulations.\\n 3369-b. Effective date.\\n 3369-c. Suspend; terminate.\\n 3369-d. Pricing.\\n 3369-e. Severability.\\n * NB Repealed July 5, 2021\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3360", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-11-13", "2015-11-27", "2017-11-17", "2018-09-28", "2021-04-02" ], "docLevelId" : "3360", "activeDate" : "2018-09-28", "sequenceNo" : 1454, "repealedDate" : null, "fromSection" : "3360", "toSection" : "3360", "text" : " * § 3360. Definitions. As used in this title, the following terms\\nshall have the following meanings, unless the context clearly requires\\notherwise:\\n 1. \"Certified medical use\" means the acquisition, possession, use, or,\\ntransportation of medical marihuana by a certified patient, or the\\nacquisition, possession, delivery, transportation or administration of\\nmedical marihuana by a designated caregiver, for use as part of the\\ntreatment of the patient's serious condition, as authorized in a\\ncertification under this title including enabling the patient to\\ntolerate treatment for the serious condition. A certified medical use\\ndoes not include smoking.\\n 2. \"Caring for\" means treating a patient, in the course of which the\\npractitioner has completed a full assessment of the patient's medical\\nhistory and current medical condition.\\n 3. \"Certified patient\" means a patient who is a resident of New York\\nstate or receiving care and treatment in New York state as determined by\\nthe commissioner in regulation, and is certified under section\\nthirty-three hundred sixty-one of this title.\\n 4. \"Certification\" means a certification, made under section\\nthirty-three hundred sixty-one of this title.\\n 5. \"Designated caregiver\" means the individual designated by a\\ncertified patient in a registry application. A certified patient may\\ndesignate up to two designated caregivers.\\n 6. \"Public place\" means a public place as defined in regulation by the\\ncommissioner.\\n 7. (a) \"Serious condition\" means:\\n (i) having one of the following severe debilitating or\\nlife-threatening conditions: cancer, positive status for human\\nimmunodeficiency virus or acquired immune deficiency syndrome,\\namyotrophic lateral sclerosis, Parkinson's disease, multiple sclerosis,\\ndamage to the nervous tissue of the spinal cord with objective\\nneurological indication of intractable spasticity, epilepsy,\\ninflammatory bowel disease, neuropathies, Huntington's disease,\\npost-traumatic stress disorder, pain that degrades health and functional\\ncapability where the use of medical marihuana is an alternative to\\nopioid use, substance use disorder, or as added by the commissioner; and\\n (ii) any of the following conditions where it is clinically associated\\nwith, or a complication of, a condition under this paragraph or its\\ntreatment: cachexia or wasting syndrome; severe or chronic pain; severe\\nnausea; seizures; severe or persistent muscle spasms; or such conditions\\nas are added by the commissioner.\\n (b) No later than eighteen months from the effective date of this\\nsection, the commissioner shall determine whether to add the following\\nserious conditions: Alzheimer's, muscular dystrophy, dystonia,\\npost-traumatic stress disorder and rheumatoid arthritis.\\n 8. \"Medical marihuana\" means marihuana as defined in subdivision\\ntwenty-one of section thirty-three hundred two of this article, intended\\nfor a certified medical use, as determined by the commissioner in his or\\nher sole discretion. Any form of medical marihuana not approved by the\\ncommissioner is expressly prohibited.\\n 9. \"Registered organization\" means a registered organization under\\nsections thirty-three hundred sixty-four and thirty-three hundred\\nsixty-five of this title.\\n 10. \"Registry application\" means an application properly completed and\\nfiled with the department by a certified patient under section\\nthirty-three hundred sixty-three of this title.\\n 11. \"Registry identification card\" means a document that identifies a\\ncertified patient or designated caregiver, as provided under section\\nthirty-three hundred sixty-three of this title.\\n 12. \"Practitioner\" means a practitioner who (i) is a physician\\nlicensed by New York state and practicing within the state, (ii) who by\\ntraining or experience is qualified to treat a serious condition as\\ndefined in subdivision seven of this section; and (iii) has completed a\\ntwo to four hour course as determined by the commissioner in regulation\\nand registered with the department; provided however, a registration\\nshall not be denied without cause. Such course may count toward board\\ncertification requirements. The commissioner shall consider the\\ninclusion of nurse practitioners under this title based upon\\nconsiderations including access and availability. After such\\nconsideration the commissioner is authorized to deem nurse practitioners\\nas practitioners under this title.\\n 13. \"Terminally ill\" means an individual has a medical prognosis that\\nthe individual's life expectancy is approximately one year or less if\\nthe illness runs its normal course.\\n 14. \"Labor peace agreement\" means an agreement between an entity and a\\nlabor organization that, at a minimum, protects the state's proprietary\\ninterests by prohibiting labor organizations and members from engaging\\nin picketing, work stoppages, boycotts, and any other economic\\ninterference with the registered organization's business.\\n 15. \"Individual dose\" means a single measure of raw medical marihuana\\nor non-infused concentrates to be determined and clearly identified by a\\npatient's practitioner for the patient's specific certified condition.\\nFor ingestible or sub-lingual medical marihuana products, no individual\\ndose may contain more than ten milligrams of tetrahydrocannabinol.\\n 16. \"Form of medical marihuana\" means characteristics of the medical\\nmarihuana recommended or limited for a particular certified patient,\\nincluding the method of consumption and any particular strain, variety,\\nand quantity or percentage of marihuana or particular active ingredient.\\n 17. \"Applicant\" means a for-profit entity or not-for-profit\\ncorporation and includes: board members, officers, managers, owners,\\npartners, principal stakeholders and members who submit an application\\nto become a registered organization.\\n 18. \"Special certification\" means a special certification made under\\nsubdivision nine of section thirty-three hundred sixty-one of this\\ntitle.\\n * NB Repealed July 5, 2021\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3361", "title" : "Certification of patients", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-11-13", "2015-11-27", "2021-04-02" ], "docLevelId" : "3361", "activeDate" : "2015-11-27", "sequenceNo" : 1455, "repealedDate" : null, "fromSection" : "3361", "toSection" : "3361", "text" : " * § 3361. Certification of patients. 1. A patient certification may\\nonly be issued if: (a) a practitioner has been registered with the\\ndepartment to issue a certification as determined by the commissioner;\\n(b) the patient has a serious condition, which shall be specified in the\\npatient's health care record; (c) the practitioner by training or\\nexperience is qualified to treat the serious condition; (d) the patient\\nis under the practitioner's continuing care for the serious condition;\\nand (e) in the practitioner's professional opinion and review of past\\ntreatments, the patient is likely to receive therapeutic or palliative\\nbenefit from the primary or adjunctive treatment with medical use of\\nmarihuana for the serious condition.\\n 2. The certification shall include (a) the name, date of birth and\\naddress of the patient; (b) a statement that the patient has a serious\\ncondition and the patient is under the practitioner's care for the\\nserious condition; (c) a statement attesting that all requirements of\\nsubdivision one of this section have been satisfied; (d) the date; and\\n(e) the name, address, federal registration number, telephone number,\\nand the handwritten signature of the certifying practitioner. The\\ncommissioner may require by regulation that the certification shall be\\non a form provided by the department. The practitioner may state in the\\ncertification that, in the practitioner's professional opinion, the\\npatient would benefit from medical marihuana only until a specified\\ndate. The practitioner may state in the certification that, in the\\npractitioner's professional opinion, the patient is terminally ill and\\nthat the certification shall not expire until the patient dies.\\n 3. In making a certification, the practitioner shall consider the form\\nof medical marihuana the patient should consume, including the method of\\nconsumption and any particular strain, variety, and quantity or\\npercentage of marihuana or particular active ingredient, and appropriate\\ndosage. The practitioner shall state in the certification any\\nrecommendation or limitation the practitioner makes, in his or her\\nprofessional opinion, concerning the appropriate form or forms of\\nmedical marihuana and dosage.\\n 4. Every practitioner shall consult the prescription monitoring drug\\nprogram registry prior to making or issuing a certification, for the\\npurpose of reviewing a patient's controlled substance history. For\\npurposes of this section, a practitioner may authorize a designee to\\nconsult the prescription monitoring program registry on his or her\\nbehalf, provided that such designation is in accordance with section\\nthirty-three hundred forty-three-a of this article.\\n 5. The practitioner shall give the certification to the certified\\npatient, and place a copy in the patient's health care record.\\n 6. No practitioner shall issue a certification under this section for\\nhimself or herself.\\n 7. A registry identification card based on a certification shall\\nexpire one year after the date the certification is signed by the\\npractitioner.\\n 8. (a) If the practitioner states in the certification that, in the\\npractitioner's professional opinion, the patient would benefit from\\nmedical marihuana only until a specified earlier date, then the registry\\nidentification card shall expire on that date;\\n (b) If the practitioner states in the certification that in the\\npractitioner's professional opinion the patient is terminally ill and\\nthat the certification shall not expire until the patient dies, then the\\nregistry identification card shall state that the patient is terminally\\nill and that the registration card shall not expire until the patient\\ndies;\\n (c) If the practitioner re-issues the certification to terminate the\\ncertification on an earlier date, then the registry identification card\\nshall expire on that date and shall be promptly returned by the\\ncertified patient to the department;\\n (d) If the certification so provides, the registry identification card\\nshall state any recommendation or limitation by the practitioner as to\\nthe form or forms of medical marihuana or dosage for the certified\\npatient; and\\n (e) The commissioner shall make regulations to implement this\\nsubdivision.\\n 9.(a) A certification may be a special certification if, in addition\\nto the other requirements for a certification, the practitioner\\ncertifies in the certification that the patient's serious condition is\\nprogressive and degenerative or that delay in the patient's certified\\nmedical use of marihuana poses a serious risk to the patient's life or\\nhealth.\\n (b) The department shall create the form to be used for a special\\ncertification and shall make that form available to be downloaded from\\nthe department's website.\\n * NB Repealed July 5, 2021\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3362", "title" : "Lawful medical use", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2021-04-02" ], "docLevelId" : "3362", "activeDate" : "2014-09-22", "sequenceNo" : 1456, "repealedDate" : null, "fromSection" : "3362", "toSection" : "3362", "text" : " * § 3362. Lawful medical use. 1. The possession, acquisition, use,\\ndelivery, transfer, transportation, or administration of medical\\nmarihuana by a certified patient or designated caregiver possessing a\\nvalid registry identification card, for certified medical use, shall be\\nlawful under this title; provided that:\\n (a) the marihuana that may be possessed by a certified patient shall\\nnot exceed a thirty day supply of the dosage as determined by the\\npractitioner, consistent with any guidance and regulations issued by the\\ncommissioner, provided that during the last seven days of any thirty day\\nperiod, the certified patient may also possess up to such amount for the\\nnext thirty day period;\\n (b) the marihuana that may be possessed by designated caregivers does\\nnot exceed the quantities referred to in paragraph (a) of this\\nsubdivision for each certified patient for whom the caregiver possesses\\na valid registry identification card, up to five certified patients;\\n (c) the form or forms of medical marihuana that may be possessed by\\nthe certified patient or designated caregiver pursuant to a\\ncertification shall be in compliance with any recommendation or\\nlimitation by the practitioner as to the form or forms of medical\\nmarihuana or dosage for the certified patient in the certification; and\\n (d) the medical marihuana shall be kept in the original package in\\nwhich it was dispensed under subdivision twelve of section thirty-three\\nhundred sixty-four of this title, except for the portion removed for\\nimmediate consumption for certified medical use by the certified\\npatient.\\n 2. Notwithstanding subdivision one of this section:\\n (a) possession of medical marihuana shall not be lawful under this\\ntitle if it is smoked, consumed, vaporized, or grown in a public place,\\nregardless of the form of medical marihuana stated in the patient's\\ncertification.\\n (b) a person possessing medical marihuana under this title shall\\npossess his or her registry identification card at all times when in\\nimmediate possession of medical marihuana.\\n * NB Repealed July 5, 2021\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3363", "title" : "Registry identification cards", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-11-13", "2021-04-02" ], "docLevelId" : "3363", "activeDate" : "2015-11-13", "sequenceNo" : 1457, "repealedDate" : null, "fromSection" : "3363", "toSection" : "3363", "text" : " * § 3363. Registry identification cards. 1. Upon approval of the\\ncertification, the department shall issue registry identification cards\\nfor certified patients and designated caregivers. A registry\\nidentification card shall expire as provided in section thirty-three\\nhundred sixty-one of this title or as otherwise provided in this\\nsection. The department shall begin issuing registry identification\\ncards as soon as practicable after the certifications required by\\nsection thirty-three hundred sixty-nine-b are granted. The department\\nmay specify a form for a registry application, in which case the\\ndepartment shall provide the form on request, reproductions of the form\\nmay be used, and the form shall be available for downloading from the\\ndepartment's website.\\n 2. To obtain, amend or renew a registry identification card, a\\ncertified patient or designated caregiver shall file a registry\\napplication with the department. The registry application or renewal\\napplication shall include:\\n (a) in the case of a certified patient:\\n (i) the patient's certification (a new written certification shall be\\nprovided with a renewal application);\\n (ii) the name, address, and date of birth of the patient;\\n (iii) the date of the certification;\\n (iv) if the patient has a registry identification card based on a\\ncurrent valid certification, the registry identification number and\\nexpiration date of that registry identification card;\\n (v) the specified date until which the patient would benefit from\\nmedical marihuana, if the certification states such a date;\\n (vi) the name, address, federal registration number, and telephone\\nnumber of the certifying practitioner;\\n (vii) any recommendation or limitation by the practitioner as to the\\nform or forms of medical marihuana or dosage for the certified patient;\\nand\\n (viii) other individual identifying information required by the\\ndepartment;\\n (b) in the case of a certified patient, if the patient designates a\\ndesignated caregiver, the name, address, and date of birth of the\\ndesignated caregiver, and other individual identifying information\\nrequired by the department;\\n (c) in the case of a designated caregiver:\\n (i) the name, address, and date of birth of the designated caregiver;\\n (ii) if the designated caregiver has a registry identification card,\\nthe registry identification number and expiration date of that registry\\nidentification card; and\\n (iii) other individual identifying information required by the\\ndepartment;\\n (d) a statement that a false statement made in the application is\\npunishable under section 210.45 of the penal law;\\n (e) the date of the application and the signature of the certified\\npatient or designated caregiver, as the case may be;\\n (f) a fifty dollar application fee, provided, that the department may\\nwaive or reduce the fee in cases of financial hardship; and\\n (g) any other requirements determined by the commissioner.\\n 3. Where a certified patient is under the age of eighteen:\\n (a) The application for a registry identification card shall be made\\nby an appropriate person over twenty-one years of age. The application\\nshall state facts demonstrating that the person is appropriate.\\n (b) The designated caregiver shall be (i) a parent or legal guardian\\nof the certified patient, (ii) a person designated by a parent or legal\\nguardian, or (iii) an appropriate person approved by the department upon\\na sufficient showing that no parent or legal guardian is appropriate or\\navailable.\\n 4. No person may be a designated caregiver if the person is under\\ntwenty-one years of age unless a sufficient showing is made to the\\ndepartment that the person should be permitted to serve as a designated\\ncaregiver. The requirements for such a showing shall be determined by\\nthe commissioner.\\n 5. No person may be a designated caregiver for more than five\\ncertified patients at one time.\\n 6. If a certified patient wishes to change or terminate his or her\\ndesignated caregiver, for whatever reason, the certified patient shall\\nnotify the department as soon as practicable. The department shall issue\\na notification to the designated caregiver that their registration card\\nis invalid and must be promptly returned to the department. The newly\\ndesignated caregiver must comply with all requirements set forth in this\\nsection.\\n 7. If the certification so provides, the registry identification card\\nshall contain any recommendation or limitation by the practitioner as to\\nthe form or forms of medical marihuana or dosage for the certified\\npatient.\\n 8. The department shall issue separate registry identification cards\\nfor certified patients and designated caregivers as soon as reasonably\\npracticable after receiving a complete application under this section,\\nunless it determines that the application is incomplete or factually\\ninaccurate, in which case it shall promptly notify the applicant.\\n 9. If the application of a certified patient designates an individual\\nas a designated caregiver who is not authorized to be a designated\\ncaregiver, that portion of the application shall be denied by the\\ndepartment but that shall not affect the approval of the balance of the\\napplication.\\n 10. A registry identification card shall:\\n (a) contain the name of the certified patient or the designated\\ncaregiver as the case may be;\\n (b) contain the date of issuance and expiration date of the registry\\nidentification card;\\n (c) contain a registry identification number for the certified patient\\nor designated caregiver, as the case may be and a registry\\nidentification number;\\n (d) contain a photograph of the individual to whom the registry\\nidentification card is being issued, which shall be obtained by the\\ndepartment in a manner specified by the commissioner in regulations;\\nprovided, however, that if the department requires certified patients to\\nsubmit photographs for this purpose, there shall be a reasonable\\naccommodation of certified patients who are confined to their homes due\\nto their medical conditions and may therefore have difficulty procuring\\nphotographs;\\n (e) be a secure document as determined by the department;\\n (f) plainly state any recommendation or limitation by the practitioner\\nas to the form or forms of medical marihuana or dosage for the certified\\npatient; and\\n (g) any other requirements determined by the commissioner.\\n 11. A certified patient or designated caregiver who has been issued a\\nregistry identification card shall notify the department of any change\\nin his or her name or address or, with respect to the patient, if he or\\nshe ceases to have the serious condition noted on the certification\\nwithin ten days of such change. The certified patient's or designated\\ncaregiver's registry identification card shall be deemed invalid and\\nshall be returned promptly to the department.\\n 12. If a certified patient or designated caregiver loses his or her\\nregistry identification card, he or she shall notify the department and\\nsubmit a twenty-five dollar fee within ten days of losing the card to\\nmaintain the registration. The department may establish higher fees for\\nissuing a new registry identification card for second and subsequent\\nreplacements for a lost card, provided, that the department may waive or\\nreduce the fee in cases of financial hardship. The department shall\\nissue a new registry identification card as soon as practicable, which\\nmay contain a new registry identification number, to the certified\\npatient or designated caregiver, as the case may be. The certified\\npatient or designated caregiver shall not be able to obtain medical\\nmarihuana until the certified patient receives a new card.\\n 13. The department shall maintain a confidential list of the persons\\nto whom it has issued registry identification cards. Individual\\nidentifying information obtained by the department under this title\\nshall be confidential and exempt from disclosure under article six of\\nthe public officers law. Notwithstanding this subdivision, the\\ndepartment may notify any appropriate law enforcement agency of\\ninformation relating to any violation or suspected violation of this\\ntitle.\\n 14. The department shall verify to law enforcement personnel in an\\nappropriate case whether a registry identification card is valid.\\n 15. If a certified patient or designated caregiver willfully violates\\nany provision of this title as determined by the department, his or her\\nregistry identification card may be suspended or revoked. This is in\\naddition to any other penalty that may apply.\\n 16. The commissioner shall make regulations for special\\ncertifications, which shall include expedited procedures and which may\\nrequire the applicant to submit additional documentation establishing\\nthe clinical basis for the special certification. If the department has\\nnot established and made available a form for a registry application or\\nrenewal application and determined the application fee if any, or\\nestablished and made available a form for a registry application or\\nrenewal application and determined the application fee for a special\\ncertification, then in the case of a special certification, a registry\\napplication or renewal application that otherwise conforms with the\\nrequirements of this section shall not require the use of a form or the\\npayment of an application fee.\\n * NB Repealed July 5, 2021\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3364", "title" : "Registered organizations", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2021-04-02" ], "docLevelId" : "3364", "activeDate" : "2014-09-22", "sequenceNo" : 1458, "repealedDate" : null, "fromSection" : "3364", "toSection" : "3364", "text" : " * § 3364. Registered organizations. 1. A registered organization shall\\nbe a for-profit business entity or not-for-profit corporation organized\\nfor the purpose of acquiring, possessing, manufacturing, selling,\\ndelivering, transporting, distributing or dispensing marihuana for\\ncertified medical use.\\n 2. The acquiring, possession, manufacture, sale, delivery,\\ntransporting, distributing or dispensing of marihuana by a registered\\norganization under this title in accordance with its registration under\\nsection thirty-three hundred sixty-five of this title or a renewal\\nthereof shall be lawful under this title.\\n 3. Each registered organization shall contract with an independent\\nlaboratory to test the medical marihuana produced by the registered\\norganization. The commissioner shall approve the laboratory and require\\nthat the laboratory report testing results in a manner determined by the\\ncommissioner. The commissioner is authorized to issue regulation\\nrequiring the laboratory to perform certain tests and services.\\n 4. (a) A registered organization may lawfully, in good faith, sell,\\ndeliver, distribute or dispense medical marihuana to a certified patient\\nor designated caregiver upon presentation to the registered organization\\nof a valid registry identification card for that certified patient or\\ndesignated caregiver. When presented with the registry identification\\ncard, the registered organization shall provide to the certified patient\\nor designated caregiver a receipt, which shall state: the name, address,\\nand registry identification number of the registered organization; the\\nname and registry identification number of the certified patient and the\\ndesignated caregiver (if any); the date the marihuana was sold; any\\nrecommendation or limitation by the practitioner as to the form or forms\\nof medical marihuana or dosage for the certified patient; and the form\\nand the quantity of medical marihuana sold. The registered organization\\nshall retain a copy of the registry identification card and the receipt\\nfor six years.\\n (b) The proprietor of a registered organization shall file or cause to\\nbe filed any receipt and certification information with the department\\nby electronic means on a real time basis as the commissioner shall\\nrequire by regulation. When filing receipt and certification information\\nelectronically pursuant to this paragraph, the proprietor of the\\nregistered organization shall dispose of any electronically recorded\\nprescription information in such manner as the commissioner shall by\\nregulation require.\\n 5. (a) No registered organization may sell, deliver, distribute or\\ndispense to any certified patient or designated caregiver a quantity of\\nmedical marihuana larger than that individual would be allowed to\\npossess under this title.\\n (b) When dispensing medical marihuana to a certified patient or\\ndesignated caregiver, the registered organization (i) shall not dispense\\nan amount greater than a thirty day supply to a certified patient until\\nthe certified patient has exhausted all but a seven day supply provided\\npursuant to a previously issued certification, and (ii) shall verify the\\ninformation in subparagraph (i) of this paragraph by consulting the\\nprescription monitoring program registry under section thirty-three\\nhundred forty-three-a of this article.\\n (c) Medical marihuana dispensed to a certified patient or designated\\ncaregiver by a registered organization shall conform to any\\nrecommendation or limitation by the practitioner as to the form or forms\\nof medical marihuana or dosage for the certified patient.\\n 6. When a registered organization sells, delivers, distributes or\\ndispenses medical marihuana to a certified patient or designated\\ncaregiver, it shall provide to that individual a safety insert, which\\nwill be developed and approved by the commissioner and include, but not\\nbe limited to, information on:\\n (a) methods for administering medical marihuana in individual doses,\\n (b) any potential dangers stemming from the use of medical marihuana,\\n (c) how to recognize what may be problematic usage of medical\\nmarihuana and obtain appropriate services or treatment for problematic\\nusage, and\\n (d) other information as determined by the commissioner.\\n 7. Registered organizations shall not be managed by or employ anyone\\nwho has been convicted of any felony of sale or possession of drugs,\\nnarcotics, or controlled substances provided that this subdivision only\\napplies to (a) managers or employees who come into contact with or\\nhandle medical marihuana, and (b) a conviction less than ten years (not\\ncounting time spent in incarceration) prior to being employed, for which\\nthe person has not received a certificate of relief from disabilities or\\na certificate of good conduct under article twenty-three of the\\ncorrection law.\\n 8. Manufacturing of medical marihuana by a registered organization\\nshall only be done in an indoor, enclosed, secure facility located in\\nNew York state, which may include a greenhouse. The commissioner shall\\npromulgate regulations establishing requirements for such facilities.\\n 9. Dispensing of medical marihuana by a registered organization shall\\nonly be done in an indoor, enclosed, secure facility located in New York\\nstate, which may include a greenhouse. The commissioner shall promulgate\\nregulations establishing requirements for such facilities.\\n 10. A registered organization shall determine the quality, safety, and\\nclinical strength of medical marihuana manufactured or dispensed by the\\nregistered organization, and shall provide documentation of that\\nquality, safety and clinical strength to the department and to any\\nperson or entity to which the medical marihuana is sold or dispensed.\\n 11. A registered organization shall be deemed to be a \"health care\\nprovider\" for the purposes of title two-D of article two of this\\nchapter.\\n 12. Medical marihuana shall be dispensed to a certified patient or\\ndesignated caregiver in a sealed and properly labeled package. The\\nlabeling shall contain: (a) the information required to be included in\\nthe receipt provided to the certified patient or designated caregiver by\\nthe registered organization; (b) the packaging date; (c) any applicable\\ndate by which the medical marihuana should be used; (d) a warning\\nstating, \"This product is for medicinal use only. Women should not\\nconsume during pregnancy or while breastfeeding except on the advice of\\nthe certifying health care practitioner, and in the case of\\nbreastfeeding mothers, including the infant's pediatrician. This product\\nmight impair the ability to drive. Keep out of reach of children.\"; (e)\\nthe amount of individual doses contained within; and (f) a warning that\\nthe medical marihuana must be kept in the original container in which it\\nwas dispensed.\\n 13. The commissioner is authorized to make rules and regulations\\nrestricting the advertising and marketing of medical marihuana, which\\nshall be consistent with the federal regulations governing prescription\\ndrug advertising and marketing.\\n * NB Repealed July 5, 2021\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3365", "title" : "Registering of registered organizations", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2021-04-02" ], "docLevelId" : "3365", "activeDate" : "2014-09-22", "sequenceNo" : 1459, "repealedDate" : null, "fromSection" : "3365", "toSection" : "3365", "text" : " * § 3365. Registering of registered organizations. 1. Application for\\ninitial registration. (a) An applicant for registration as a registered\\norganization under section thirty-three hundred sixty-four of this title\\nshall include such information prepared in such manner and detail as the\\ncommissioner may require, including but not limited to:\\n (i) a description of the activities in which it intends to engage as a\\nregistered organization;\\n (ii) that the applicant:\\n (A) is of good moral character;\\n (B) possesses or has the right to use sufficient land, buildings, and\\nother premises (which shall be specified in the application) and\\nequipment to properly carry on the activity described in the\\napplication, or in the alternative posts a bond of not less than two\\nmillion dollars;\\n (C) is able to maintain effective security and control to prevent\\ndiversion, abuse, and other illegal conduct relating to the marihuana;\\n (D) is able to comply with all applicable state laws and regulations\\nrelating to the activities in which it intends to engage under the\\nregistration;\\n (iii) that the applicant has entered into a labor peace agreement with\\na bona-fide labor organization that is actively engaged in representing\\nor attempting to represent the applicant's employees. The maintenance of\\nsuch a labor peace agreement shall be an ongoing material condition of\\ncertification.\\n (iv) the applicant's status under subdivision one of section\\nthirty-three hundred sixty-four of this title; and\\n (v) the application shall include the name, residence address and\\ntitle of each of the officers and directors and the name and residence\\naddress of any person or entity that is a member of the applicant. Each\\nsuch person, if an individual, or lawful representative if a legal\\nentity, shall submit an affidavit with the application setting forth:\\n (A) any position of management or ownership during the preceding ten\\nyears of a ten per centum or greater interest in any other business,\\nlocated in or outside this state, manufacturing or distributing drugs;\\n (B) whether such person or any such business has been convicted of a\\nfelony or had a registration or license suspended or revoked in any\\nadministrative or judicial proceeding; and\\n (C) such other information as the commissioner may reasonably require.\\n 2. Duty to report. The applicant shall be under a continuing duty to\\nreport to the department any change in facts or circumstances reflected\\nin the application or any newly discovered or occurring fact or\\ncircumstance which is required to be included in the application.\\n 3. Granting of registration. (a) The commissioner shall grant a\\nregistration or amendment to a registration under this section if he or\\nshe is satisfied that:\\n (i) the applicant will be able to maintain effective control against\\ndiversion of marihuana;\\n (ii) the applicant will be able to comply with all applicable state\\nlaws;\\n (iii) the applicant and its officers are ready, willing and able to\\nproperly carry on the manufacturing or distributing activity for which a\\nregistration is sought;\\n (iv) the applicant possesses or has the right to use sufficient land,\\nbuildings and equipment to properly carry on the activity described in\\nthe application;\\n (v) it is in the public interest that such registration be granted;\\nthe commissioner may consider whether the number of registered\\norganizations in an area will be adequate or excessive to reasonably\\nserve the area;\\n (vi) the applicant and its managing officers are of good moral\\ncharacter;\\n (vii) the applicant has entered into a labor peace agreement with a\\nbona-fide labor organization that is actively engaged in representing or\\nattempting to represent the applicant's employees; and\\n (viii) the applicant satisfies any other conditions as determined by\\nthe commissioner.\\n (b) If the commissioner is not satisfied that the applicant should be\\nissued a registration, he or she shall notify the applicant in writing\\nof those factors upon which further evidence is required. Within thirty\\ndays of the receipt of such notification, the applicant may submit\\nadditional material to the commissioner or demand a hearing, or both.\\n (c) The fee for a registration under this section shall be a\\nreasonable amount determined by the department in regulations; provided,\\nhowever, if the registration is issued for a period greater than two\\nyears the fee shall be increased, pro rata, for each additional month of\\nvalidity.\\n (d) Registrations issued under this section shall be effective only\\nfor the registered organization and shall specify:\\n (i) the name and address of the registered organization;\\n (ii) which activities of a registered organization are permitted by\\nthe registration;\\n (iii) the land, buildings and facilities that may be used for the\\npermitted activities of the registered organization; and\\n (iv) such other information as the commissioner shall reasonably\\nprovide to assure compliance with this title.\\n (e) Upon application of a registered organization, a registration may\\nbe amended to allow the registered organization to relocate within the\\nstate or to add or delete permitted registered organization activities\\nor facilities. The fee for such amendment shall be two hundred fifty\\ndollars.\\n 4. A registration issued under this section shall be valid for two\\nyears from the date of issue, except that in order to facilitate the\\nrenewals of such registrations, the commissioner may upon the initial\\napplication for a registration, issue some registrations which may\\nremain valid for a period of time greater than two years but not\\nexceeding an additional eleven months.\\n 5. Applications for renewal of registrations. (a) An application for\\nthe renewal of any registration issued under this section shall be filed\\nwith the department not more than six months nor less than four months\\nprior to the expiration thereof. A late-filed application for the\\nrenewal of a registration may, in the discretion of the commissioner, be\\ntreated as an application for an initial license.\\n (b) The application for renewal shall include such information\\nprepared in the manner and detail as the commissioner may require,\\nincluding but not limited to:\\n (i) any material change in the circumstances or factors listed in\\nsubdivision one of this section; and\\n (ii) every known charge or investigation, pending or concluded during\\nthe period of the registration, by any governmental or administrative\\nagency with respect to:\\n (A) each incident or alleged incident involving the theft, loss, or\\npossible diversion of marihuana manufactured or distributed by the\\napplicant; and\\n (B) compliance by the applicant with the laws of the state with\\nrespect to any substance listed in section thirty-three hundred six of\\nthis article.\\n (c) An applicant for renewal shall be under a continuing duty to\\nreport to the department any change in facts or circumstances reflected\\nin the application or any newly discovered or occurring fact or\\ncircumstance which is required to be included in the application.\\n (d) If the commissioner is not satisfied that the applicant is\\nentitled to a renewal of the registration, he or she shall within a\\nreasonably practicable time as determined by the commissioner, serve\\nupon the applicant or his or her attorney of record in person or by\\nregistered or certified mail an order directing the applicant to show\\ncause why his or her application for renewal should not be denied. The\\norder shall specify in detail the respects in which the applicant has\\nnot satisfied the commissioner that the registration should be renewed.\\n (e) Within a reasonably practicable time as determined by the\\ncommissioner of such order, the applicant may submit additional material\\nto the commissioner or demand a hearing or both. If a hearing is\\ndemanded the commissioner shall fix a date as soon as reasonably\\npracticable.\\n 6. Granting of renewal of registrations. (a) The commissioner shall\\nrenew a registration unless he or she determines and finds that:\\n (i) the applicant is unlikely to maintain or be able to maintain\\neffective control against diversion; or\\n (ii) the applicant is unlikely to comply with all state laws\\napplicable to the activities in which it may engage under the\\nregistration; or\\n (iii) it is not in the public interest to renew the registration\\nbecause the number of registered organizations in an area is excessive\\nto reasonably serve the area; or\\n (iv) the applicant has either violated or terminated its labor peace\\nagreement.\\n (b) For purposes of this section, proof that a registered\\norganization, during the period of its registration, has failed to\\nmaintain effective control against diversion, violates any provision of\\nthis article, or has knowingly or negligently failed to comply with\\napplicable state laws relating to the activities in which it engages\\nunder the registration, shall constitute grounds for suspension or\\ntermination of the registered organization's registration as determined\\nby the commissioner. The registered organization shall also be under a\\ncontinuing duty to report to the department any material change or fact\\nor circumstance to the information provided in the registered\\norganization's application.\\n 7. The department may suspend or terminate the registration of a\\nregistered organization, on grounds and using procedures under this\\narticle relating to a license, to the extent consistent with this title.\\nThe department shall suspend or terminate the registration in the event\\nthat a registered organization violates or terminates the applicable\\nlabor peace agreement. Conduct in compliance with this title which may\\nviolate conflicting federal law, shall not be grounds to suspend or\\nterminate a registration.\\n 8. The department shall begin issuing registrations for registered\\norganizations as soon as practicable after the certifications required\\nby section thirty-three hundred sixty-nine-b of this title are given.\\n 9. The commissioner shall register no more than five registered\\norganizations that manufacture medical marihuana with no more than four\\ndispensing sites wholly owned and operated by such registered\\norganization. The commissioner shall ensure that such registered\\norganizations and dispensing sites are geographically distributed across\\nthe state. The commission may register additional registered\\norganizations.\\n * NB Repealed July 5, 2021\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3365-A", "title" : "Expedited registration of registered organizations", "docType" : "SECTION", "publishedDates" : [ "2015-11-13", "2021-04-02" ], "docLevelId" : "3365-A", "activeDate" : "2015-11-13", "sequenceNo" : 1460, "repealedDate" : null, "fromSection" : "3365-A", "toSection" : "3365-A", "text" : " * § 3365-a. Expedited registration of registered organizations. 1.\\nThere is hereby established in the department an emergency medical\\nmarihuana access program (referred to in this section as the \"program\")\\nunder this section. The purpose of the program is to expedite the\\navailability of medical marihuana to avoid suffering and loss of life,\\nduring the period before full implementation of and production under\\nthis title, especially in the case of patients whose serious condition\\nis progressive and degenerative or is such that delay in the patient's\\nmedical use of marihuana poses a serious risk to the patient's life or\\nhealth. The commissioner shall implement the program as expeditiously as\\npracticable, including by emergency regulation.\\n 2. The department shall begin accepting and acting on applications\\nunder this section for registered organizations as soon as practicable\\nafter the effective date of this section.\\n 3. For the purposes of this section, and for specified limited times,\\nthe commissioner may waive or modify the requirements of this article\\nrelating to registered organizations, consistent with the legislative\\nintent and purpose of this title and this section. Where an entity\\nseeking to be a registered organization under the program operates in a\\njurisdiction other than the state of New York, under licensure or other\\ngovernmental recognition of that jurisdiction, and the laws of that\\njurisdiction are acceptable to the commissioner as consistent with the\\nlegislative intent and purpose of this title and this section, then the\\ncommissioner may accept that licensure or recognition as wholly or\\npartially satisfying the requirements of this title, for purposes of the\\nregistration and operation of the registered organization under the\\nprogram and this section.\\n 4. In considering an application for registration as a registered\\norganization under this section, the commissioner shall give preference\\nto the following:\\n (a) an applicant that is currently producing or providing or has a\\nhistory of producing or providing medical marihuana in another\\njurisdiction in full compliance with the laws of the jurisdiction;\\n (b) an applicant that is able and qualified to both produce,\\ndistribute, and dispense medical marihuana to patients expeditiously;\\n (c) an applicant that proposes a location or locations for dispensing\\nby the registered organization, which ensure, to the greatest extent\\npossible, that certified patients with a special certification have\\naccess to a registered organization.\\n 5. The commissioner may make regulations under this section:\\n (a) limiting registered organizations registered under this section to\\nserving patients with special certifications;\\n (b) limiting the allowable levels of cannabidiol and\\ntetrahydrocannabinol that may be contained in medical marihuana\\nauthorized under the program, based on therapeutics and patient safety.\\n 6. A registered organization under this section may apply under\\nsection thirty-three hundred sixty-five of this title to receive or\\nrenew registration.\\n * NB Repealed July 5, 2021\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3366", "title" : "Reports by registered organizations", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2021-04-02" ], "docLevelId" : "3366", "activeDate" : "2014-09-22", "sequenceNo" : 1461, "repealedDate" : null, "fromSection" : "3366", "toSection" : "3366", "text" : " * § 3366. Reports by registered organizations. 1. The commissioner\\nshall, by regulation, require each registered organization to file\\nreports by the registered organization during a particular period. The\\ncommissioner shall determine the information to be reported and the\\nforms, time, and manner of the reporting.\\n 2. The commissioner shall, by regulation, require each registered\\norganization to adopt and maintain security, tracking, record keeping,\\nrecord retention and surveillance systems, relating to all medical\\nmarihuana at every stage of acquiring, possession, manufacture, sale,\\ndelivery, transporting, distributing, or dispensing by the registered\\norganization, subject to regulations of the commissioner.\\n * NB Repealed July 5, 2021\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3367", "title" : "Evaluation; research programs; report by department", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2021-04-02" ], "docLevelId" : "3367", "activeDate" : "2014-09-22", "sequenceNo" : 1462, "repealedDate" : null, "fromSection" : "3367", "toSection" : "3367", "text" : " * § 3367. Evaluation; research programs; report by department. 1. The\\ncommissioner may provide for the analysis and evaluation of the\\noperation of this title. The commissioner may enter into agreements with\\none or more persons, not-for-profit corporations or other organizations,\\nfor the performance of an evaluation of the implementation and\\neffectiveness of this title.\\n 2. The department may develop, seek any necessary federal approval\\nfor, and carry out research programs relating to medical use of\\nmarihuana. Participation in any such research program shall be\\nvoluntary on the part of practitioners, patients, and designated\\ncaregivers.\\n 3. The department shall report every two years, beginning two years\\nafter the effective date of this title, to the governor and the\\nlegislature on the medical use of marihuana under this title and make\\nappropriate recommendations.\\n * NB Repealed July 5, 2021\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3368", "title" : "Relation to other laws", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2021-04-02" ], "docLevelId" : "3368", "activeDate" : "2014-09-22", "sequenceNo" : 1463, "repealedDate" : null, "fromSection" : "3368", "toSection" : "3368", "text" : " * § 3368. Relation to other laws. 1. (a) The provisions of this\\narticle shall apply to this title, except that where a provision of this\\ntitle conflicts with another provision of this article, this title shall\\napply.\\n (b) Medical marihuana shall not be deemed to be a \"drug\" for purposes\\nof article one hundred thirty-seven of the education law.\\n 2. Nothing in this title shall be construed to require an insurer or\\nhealth plan under this chapter or the insurance law to provide coverage\\nfor medical marihuana. Nothing in this title shall be construed to\\nrequire coverage for medical marihuana under article twenty-five of this\\nchapter or article five of the social services law.\\n * NB Repealed July 5, 2021\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3369", "title" : "Protections for the medical use of marihuana", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2017-12-08", "2018-02-02", "2021-04-02" ], "docLevelId" : "3369", "activeDate" : "2018-02-02", "sequenceNo" : 1464, "repealedDate" : null, "fromSection" : "3369", "toSection" : "3369", "text" : " * § 3369. Protections for the medical use of marihuana. 1. Certified\\npatients, designated caregivers, practitioners, registered organizations\\nand the employees of registered organizations shall not be subject to\\narrest, prosecution, or penalty in any manner, or denied any right or\\nprivilege, including but not limited to civil penalty or disciplinary\\naction by a business or occupational or professional licensing board or\\nbureau, solely for the certified medical use or manufacture of\\nmarihuana, or for any other action or conduct in accordance with this\\ntitle.\\n 2. Non-discrimination. Being a certified patient shall be deemed to be\\nhaving a \"disability\" under article fifteen of the executive law (human\\nrights law), section forty-c of the civil rights law, sections 240.00,\\n485.00, and 485.05 of the penal law, and section 200.50 of the criminal\\nprocedure law. This subdivision shall not bar the enforcement of a\\npolicy prohibiting an employee from performing his or her employment\\nduties while impaired by a controlled substance. This subdivision shall\\nnot require any person or entity to do any act that would put the person\\nor entity in violation of federal law or cause it to lose a federal\\ncontract or funding.\\n 3. The fact that a person is a certified patient and/or acting in\\naccordance with this title, shall not be a consideration in a proceeding\\npursuant to applicable sections of the domestic relations law, the\\nsocial services law and the family court act.\\n 4. (a) Certification applications, certification forms, any certified\\npatient information contained within a database, and copies of registry\\nidentification cards shall be deemed exempt from public disclosure under\\nsections eighty-seven and eighty-nine of the public officers law.\\n (b) The name, contact information, and other information relating to\\npractitioners registered with the department under this title shall be\\npublic information and shall be maintained by the commissioner on the\\ndepartment's website accessible to the public in searchable form.\\nHowever, if a practitioner notifies the department in writing that he or\\nshe does not want his or her name and other information disclosed, that\\npractitioner's name and other information shall thereafter not be public\\ninformation or maintained on the department's website, unless the\\npractitioner cancels the request.\\n * NB Repealed July 5, 2021\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3369-A", "title" : "Regulations", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2021-04-02" ], "docLevelId" : "3369-A", "activeDate" : "2014-09-22", "sequenceNo" : 1465, "repealedDate" : null, "fromSection" : "3369-A", "toSection" : "3369-A", "text" : " * § 3369-a. Regulations. The commissioner shall make regulations to\\nimplement this title.\\n * NB Repealed July 5, 2021\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3369-B", "title" : "Effective date", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-11-13", "2021-04-02" ], "docLevelId" : "3369-B", "activeDate" : "2015-11-13", "sequenceNo" : 1466, "repealedDate" : null, "fromSection" : "3369-B", "toSection" : "3369-B", "text" : " * § 3369-b. Effective date. Registry identification cards or\\nregistered organization registrations shall be issued or become\\neffective no later than eighteen months from signing or until such time\\nas the commissioner and the superintendent of state police certify that\\nthis title can be implemented in accordance with public health and\\nsafety interests, whichever event comes later. Prior to making a general\\ncertification under this section, the commissioner and the\\nsuperintendent of state police may make a certification limited to\\naccommodating expedited access for patients with special certifications\\nand for registered organizations under the emergency medical marihuana\\naccess program under section thirty-three hundred sixty-five-a of this\\ntitle.\\n * NB Repealed July 5, 2021\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3369-C", "title" : "Suspend; terminate", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2021-04-02" ], "docLevelId" : "3369-C", "activeDate" : "2014-09-22", "sequenceNo" : 1467, "repealedDate" : null, "fromSection" : "3369-C", "toSection" : "3369-C", "text" : " * § 3369-c. Suspend; terminate. Based upon the recommendation of the\\ncommissioner and/or the superintendent of state police that there is a\\nrisk to the public health or safety, the governor may immediately\\nterminate all licenses issued to registered organizations.\\n * NB Repealed July 5, 2021\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3369-D", "title" : "Pricing", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2021-04-02" ], "docLevelId" : "3369-D", "activeDate" : "2014-09-22", "sequenceNo" : 1468, "repealedDate" : null, "fromSection" : "3369-D", "toSection" : "3369-D", "text" : " * § 3369-d. Pricing. 1. Every sale of medical marihuana shall be at\\nthe price determined by the commissioner. Every charge made or demanded\\nfor medical marihuana not in accordance with the price determined by the\\ncommissioner, is prohibited.\\n 2. The commissioner is hereby authorized to set the per dose price of\\neach form of medical marihuana sold by any registered organization. In\\nsetting the per dose price of each form of medical marihuana, the\\ncommissioner shall consider the fixed and variable costs of producing\\nthe form of marihuana and any other factor the commissioner, in his or\\nher discretion, deems relevant to determining the per dose price of each\\nform of medical marihuana.\\n * NB Repealed July 5, 2021\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3369-E", "title" : "Severability", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2021-04-02" ], "docLevelId" : "3369-E", "activeDate" : "2014-09-22", "sequenceNo" : 1469, "repealedDate" : null, "fromSection" : "3369-E", "toSection" : "3369-E", "text" : " * § 3369-e. Severability. If any clause, sentence, paragraph, section\\nor part of this act shall be adjudged by any court of competent\\njurisdiction to be invalid, the judgment shall not affect, impair, or\\ninvalidate the remainder thereof, but shall be confined in its operation\\nto the clause, sentence, paragraph, section or part thereof directly\\ninvolved in the controversy in which the judgment shall have been\\nrendered.\\n * NB Repealed July 5, 2021\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 16 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A33T6", "title" : "Records and Reports", "docType" : "TITLE", "publishedDates" : [ "2014-09-22", "2025-10-24" ], "docLevelId" : "6", "activeDate" : "2014-09-22", "sequenceNo" : 1470, "repealedDate" : null, "fromSection" : "3370", "toSection" : "3374", "text" : " TITLE VI\\n RECORDS AND REPORTS\\nSection 3370. Preserving and inspection of records.\\n 3371. Confidentiality of certain records, reports, and\\n information.\\n 3371-a. Disclosure of certain records, reports, and information\\n to another state.\\n 3372. Practitioner patient reporting.\\n 3373. Confidential communications.\\n 3374. Notification by licensee.\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3370", "title" : "Preserving and inspection of records", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3370", "activeDate" : "2014-09-22", "sequenceNo" : 1471, "repealedDate" : null, "fromSection" : "3370", "toSection" : "3370", "text" : " § 3370. Preserving and inspection of records. 1. Any record, including\\nprescriptions, required to be kept or maintained by this article shall\\nbe preserved for a period of at least five years following the date of\\nthe event or transaction recorded, unless a shorter period of time is\\nspecifically provided.\\n 2. Such records shall be made available during business hours for\\ninspection and copying by any officer or employee of the department who\\nis charged with the enforcement of this article and to any officer or\\nemployee of this state charged with the duty of regulating or licensing\\nof any person who by virtue of such license is authorized to obtain,\\ndistribute, dispense or administer controlled substances.\\n 3. Every record, including prescriptions, required to be kept under\\nthis article shall be maintained at the premises where the licensed\\nactivity is conducted.\\n 4. The department shall cause to be expunged or otherwise destroyed,\\nwithin five years from the date of receipt thereof, any record of the\\nname of any patient received by it pursuant to the filing requirements\\nof subdivision six of section thirty-three hundred thirty-one,\\nsubdivision four of section thirty-three hundred thirty-three, and\\nsubdivision four of section thirty-three hundred thirty-four of this\\narticle.\\n 5. Electronic prescription records shall be maintained and preserved\\nin accordance with regulations of the commissioner.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3371", "title" : "Confidentiality of certain records, reports, and information", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2021-04-02" ], "docLevelId" : "3371", "activeDate" : "2014-09-22", "sequenceNo" : 1472, "repealedDate" : null, "fromSection" : "3371", "toSection" : "3371", "text" : " § 3371. Confidentiality of certain records, reports, and information.\\n1. No person, who has knowledge by virtue of his or her office of the\\nidentity of a particular patient or research subject, a manufacturing\\nprocess, a trade secret or a formula shall disclose such knowledge, or\\nany report or record thereof, except:\\n (a) to another person employed by the department, for purposes of\\nexecuting provisions of this article;\\n (b) pursuant to judicial subpoena or court order in a criminal\\ninvestigation or proceeding;\\n (c) to an agency, department of government, or official board\\nauthorized to regulate, license or otherwise supervise a person who is\\nauthorized by this article to deal in controlled substances, or in the\\ncourse of any investigation or proceeding by or before such agency,\\ndepartment or board;\\n (d) to the prescription monitoring program registry and to authorized\\nusers of such registry as set forth in subdivision two of this section;\\n (e) to a practitioner to inform him or her that a patient may be under\\ntreatment with a controlled substance by another practitioner for the\\npurposes of subdivision two of this section, and to facilitate the\\ndepartment's review of individual challenges to the accuracy of\\ncontrolled substances histories pursuant to subdivision six of section\\nthirty-three hundred forty-three-a of this article;\\n (f) to a pharmacist to provide information regarding prescriptions for\\ncontrolled substances presented to the pharmacist for the purposes of\\nsubdivision two of this section and to facilitate the department's\\nreview of individual challenges to the accuracy of controlled substances\\nhistories pursuant to subdivision six of section thirty-three hundred\\nforty-three-a of this article;\\n (g) to the deputy attorney general for medicaid fraud control, or his\\nor her designee, in furtherance of an investigation of fraud, waste or\\nabuse of the Medicaid program, pursuant to an agreement with the\\ndepartment;\\n (h) to a local health department for the purpose of conducting public\\nhealth research or education: (i) pursuant to an agreement with the\\ncommissioner; (ii) when the release of such information is deemed\\nappropriate by the commissioner; (iii) for use in accordance with\\nmeasures required by the commissioner to ensure that the security and\\nconfidentiality of the data is protected; and (iv) provided that\\ndisclosure is restricted to individuals within the local health\\ndepartment who are engaged in the research or education;\\n (i) to a medical examiner or coroner who is an officer of or employed\\nby a state or local government, pursuant to his or her official duties;\\nand\\n (j) to an individual for the purpose of providing such individual with\\nhis or her own controlled substance history or, in appropriate\\ncircumstances, in the case of a patient who lacks capacity to make\\nhealth care decisions, a person who has legal authority to make such\\ndecisions for the patient and who would have legal access to the\\npatient's health care records, if requested from the department pursuant\\nto subdivision six of section thirty-three hundred forty-three-a of this\\narticle or from a treating practitioner pursuant to subparagraph (iv) of\\nparagraph (a) of subdivision two of this section.\\n * 2. The prescription monitoring program registry may be accessed,\\nunder such terms and conditions as are established by the department for\\npurposes of maintaining the security and confidentiality of the\\ninformation contained in the registry, by:\\n (a) a practitioner, or a designee authorized by such practitioner\\npursuant to paragraph (b) of subdivision two of section thirty-three\\nhundred forty-three-a or section thirty-three hundred sixty-one of this\\narticle, for the purposes of: (i) informing the practitioner that a\\npatient may be under treatment with a controlled substance by another\\npractitioner; (ii) providing the practitioner with notifications of\\ncontrolled substance activity as deemed relevant by the department,\\nincluding but not limited to a notification made available on a monthly\\nor other periodic basis through the registry of controlled substances\\nactivity pertaining to his or her patient; (iii) allowing the\\npractitioner, through consultation of the prescription monitoring\\nprogram registry, to review his or her patient's controlled substances\\nhistory as required by section thirty-three hundred forty-three-a or\\nsection thirty-three hundred sixty-one of this article; and (iv)\\nproviding to his or her patient, or person authorized pursuant to\\nparagraph (j) of subdivision one of this section, upon request, a copy\\nof such patient's controlled substance history as is available to the\\npractitioner through the prescription monitoring program registry; or\\n (b) a pharmacist, pharmacy intern or other designee authorized by the\\npharmacist pursuant to paragraph (b) of subdivision three of section\\nthirty-three hundred forty-three-a of this article, for the purposes of:\\n(i) consulting the prescription monitoring program registry to review\\nthe controlled substances history of an individual for whom one or more\\nprescriptions for controlled substances or certifications for marihuana\\nis presented to the pharmacist, pursuant to section thirty-three hundred\\nforty-three-a of this article; and (ii) receiving from the department\\nsuch notifications of controlled substance activity as are made\\navailable by the department; or\\n (c) an individual employed by a registered organization for the\\npurpose of consulting the prescription monitoring program registry to\\nreview the controlled substances history of an individual for whom one\\nor more certifications for marihuana is presented to that registered\\norganization, pursuant to section thirty-three hundred sixty-four of\\nthis article. Unless otherwise authorized by this article, an individual\\nemployed by a registered organization will be provided access to the\\nprescription monitoring program in the sole discretion of the\\ncommissioner.\\n * NB Effective until July 5, 2021\\n * 2. The prescription monitoring program registry may be accessed,\\nunder such terms and conditions as are established by the department for\\npurposes of maintaining the security and confidentiality of the\\ninformation contained in the registry, by:\\n (a) a practitioner, or a designee authorized by such practitioner\\npursuant to paragraph (b) of subdivision two of section thirty-three\\nhundred forty-three-a of this article, for the purposes of: (i)\\ninforming the practitioner that a patient may be under treatment with a\\ncontrolled substance by another practitioner; (ii) providing the\\npractitioner with notifications of controlled substance activity as\\ndeemed relevant by the department, including but not limited to a\\nnotification made available on a monthly or other periodic basis through\\nthe registry of controlled substances activity pertaining to his or her\\npatient; (iii) allowing the practitioner, through consultation of the\\nprescription monitoring program registry, to review his or her patient's\\ncontrolled substances history as required by section thirty-three\\nhundred forty-three-a of this article; and (iv) providing to his or her\\npatient, or person authorized pursuant to paragraph (j) of subdivision\\none of this section, upon request, a copy of such patient's controlled\\nsubstance history as is available to the practitioner through the\\nprescription monitoring program registry; or\\n (b) a pharmacist, pharmacy intern or other designee authorized by the\\npharmacist pursuant to paragraph (b) of subdivision three of section\\nthirty-three hundred forty-three-a of this article, for the purposes of:\\n(i) consulting the prescription monitoring program registry to review\\nthe controlled substances history of an individual for whom one or more\\nprescriptions for controlled substances is presented to the pharmacist,\\npursuant to section thirty-three hundred forty-three-a of this article;\\nand (ii) receiving from the department such notifications of controlled\\nsubstance activity as are made available by the department.\\n * NB Effective July 5, 2021\\n 3. Where it has reason to believe that a crime related to the\\ndiversion of controlled substances has been committed, the department\\nmay notify appropriate law enforcement agencies and provide relevant\\ninformation about the suspected criminal activity, including controlled\\nsubstances prescribed or dispensed, as reasonably appears to be\\nnecessary. The department shall keep a record of the information\\nprovided, including, but not limited to: the specific information\\nprovided and the agency to which such information was provided,\\nincluding the name and title of the person to whom such information was\\nprovided and an attestation from such person that he or she has\\nauthority to receive such information.\\n 4. In the course of any proceeding where such information is\\ndisclosed, except when necessary to effectuate the rights of a party to\\nthe proceeding, the court or presiding officer shall take such action as\\nis necessary to insure that such information, or record or report of\\nsuch information is not made public.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3371-A", "title" : "Disclosure of certain records, reports, and information to another state", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3371-A", "activeDate" : "2014-09-22", "sequenceNo" : 1473, "repealedDate" : null, "fromSection" : "3371-A", "toSection" : "3371-A", "text" : " § 3371-a. Disclosure of certain records, reports, and information to\\nanother state. 1. The commissioner is authorized to disclose records,\\nreports and information filed pursuant to sections thirty-three hundred\\nthirty-one and thirty-three hundred thirty-three of this article: (a) to\\nanother state's controlled substance monitoring program or other\\nauthorized agency with which the department has established an\\ninteroperability agreement, pursuant to judicial subpoena or court order\\nin a criminal investigation or proceeding in that state;\\n (b) to another state's agency, department, or board with which the\\ndepartment has established an interoperability agreement and which is\\nauthorized to regulate, license, register or otherwise supervise a\\nperson who is authorized by law to deal in controlled substances, in the\\ncourse of any investigation or proceeding by or before such agency,\\ndepartment or board;\\n (c) to another state's controlled substance monitoring program or\\nother authorized agency with which the department has established an\\ninteroperability agreement to inform a practitioner in another state\\nthat a patient may be under treatment with a controlled substance by\\nanother practitioner; or\\n (d) to another state's controlled substance monitoring program or\\nother authorized agency with which the department has established an\\ninteroperability agreement to inform a pharmacy in another state that a\\nperson who presents or has presented a prescription for one or more\\ncontrolled substances at the pharmacy may have also obtained controlled\\nsubstances at another pharmacy where the circumstances indicate a\\npossibility of drug abuse or diversion, potential harm to the person, or\\nsimilar grounds under regulations of the commissioner.\\n 2. Records, reports, and information disclosed under the provisions of\\nthis section shall be in accordance with regulations promulgated by the\\ncommissioner and shall include, but not be limited to:\\n (a) the authentication of the person requesting such information;\\n (b) an attestation from the person requesting the information that he\\nor she has authority to request and receive such information, and that\\nsuch information will only be used consistent with the purpose of the\\nrequest for such information;\\n (c) a statement of the purpose of the request for such information;\\nand\\n (d) ensuring that such information is, or will be, transmitted in a\\nsecure manner.\\n 3. Every agreement under subdivision one of this section shall:\\n (a) require reciprocity with the department on the part of every other\\nparty to the agreement;\\n (b) guarantee protection for the confidentiality of information\\ndisclosed at least as strong as the protections that would apply to the\\ninformation when in the possession of the department, including remedies\\nfor breaches of confidentiality; and\\n (c) be subject to renewal not less frequently than every two years.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3372", "title" : "Practitioner patient reporting", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3372", "activeDate" : "2014-09-22", "sequenceNo" : 1474, "repealedDate" : null, "fromSection" : "3372", "toSection" : "3372", "text" : " § 3372. Practitioner patient reporting. It shall be the duty of every\\nattending practitioner and every consulting practitioner to report\\npromptly to the commissioner, or his duly designated agent, the name\\nand, if possible, the address of, and such other data as may be required\\nby the commissioner with respect to, any person under treatment if he\\nfinds that such person is an addict or a habitual user of any narcotic\\ndrug. Such report shall be kept confidential and may be utilized only\\nfor statistical, epidemiological or research purposes, except that those\\nreports which originate in the course of a criminal proceeding other\\nthan under section 81.25 of the mental hygiene law shall be subject only\\nto the confidentiality requirements of section thirty-three hundred\\nseventy-one of this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3373", "title" : "Confidential communications", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3373", "activeDate" : "2014-09-22", "sequenceNo" : 1475, "repealedDate" : null, "fromSection" : "3373", "toSection" : "3373", "text" : " § 3373. Confidential communications. For the purposes of duties\\narising out of this article, no communication made to a practitioner\\nshall be deemed confidential within the meaning of the civil practice\\nlaw and rules relating to confidential communications between such\\npractitioner and patient.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3374", "title" : "Notification by licensee", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3374", "activeDate" : "2014-09-22", "sequenceNo" : 1476, "repealedDate" : null, "fromSection" : "3374", "toSection" : "3374", "text" : " § 3374. Notification by licensee. Persons licensed or certified\\npursuant to this article shall be under a continuing duty to promptly\\nnotify the department of:\\n 1. Each incident or alleged incident of theft, loss or possible\\ndiversion of controlled substances manufactured, ordered, distributed or\\npossessed by such person;\\n 2. Any charge or proceeding brought in any court or before any\\ngovernmental agency, state or federal, in which it is alleged that the\\nlicensee, its employees, subsidiaries, managing officers, or directors\\nhas failed to comply with the provisions of the federal controlled\\nsubstances act or the laws of any state relating to controlled\\nsubstances.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 6 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A33T7", "title" : "Offenses, Violations and Enforcement", "docType" : "TITLE", "publishedDates" : [ "2014-09-22", "2021-04-02" ], "docLevelId" : "7", "activeDate" : "2014-09-22", "sequenceNo" : 1477, "repealedDate" : null, "fromSection" : "3380", "toSection" : "3397", "text" : " TITLE VII\\n OFFENSES, VIOLATIONS AND ENFORCEMENT\\nSection 3380. Inhalation of certain toxic vapors or fumes, and certain\\n hazardous inhalants; sale of glue and hazardous\\n inhalants in certain cases.\\n 3381. Sale and possession of hypodermic syringes and\\n hypodermic needles.\\n 3381-a. Destruction of hypodermic syringes and needles.\\n 3382. Growing of the plant known as Cannabis by unlicensed\\n persons.\\n 3383. Imitation controlled substances.\\n 3384. Information program for retailers.\\n 3385. Enforcement.\\n 3385-a. Access to criminal history information.\\n 3387. Seizure and forfeiture of controlled substances,\\n imitation controlled substances and official New York\\n state prescription forms; disposition.\\n 3388. Seizure and forfeiture of vehicles, vessels or aircraft\\n unlawfully used to conceal, convey or transport\\n controlled substances.\\n 3390. Revocation of licenses and certificates of approval.\\n 3391. Revocation and suspension of license or certificate of\\n approval procedure.\\n 3393. Formal hearings procedure.\\n 3394. Judicial review.\\n 3396. Violations; penalties.\\n 3397. Fraud and deceit.\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3380", "title" : "Inhalation of certain toxic vapors or fumes, and certain hazardous inhalants; sale of glue and hazardous inhalants in certain cases", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3380", "activeDate" : "2014-09-22", "sequenceNo" : 1478, "repealedDate" : null, "fromSection" : "3380", "toSection" : "3380", "text" : " § 3380. Inhalation of certain toxic vapors or fumes, and certain\\nhazardous inhalants; sale of glue and hazardous inhalants in certain\\ncases. 1. (a) As used in this section the phrase \"glue containing a\\nsolvent having the property of releasing toxic vapors or fumes\" shall\\nmean and include any glue, cement, or other adhesive containing one or\\nmore of the following chemical compounds: acetone, cellulose acetate,\\nbenzene, butyl alcohol, ethyl alcohol, ethylene dichloride, ethylene\\ntrichloride, isopropyl alcohol, methyl alcohol, methyl ethyl ketone,\\npentachlorophenol, petroleum ether, toluene or such other similar\\nmaterial as the commissioner shall by regulation prescribe.\\n (b) As used in this section hazardous inhalants shall mean and include\\nany of the preparations of compounds containing one or more of the\\nchemical compounds; amyl nitrite, isoamyl nitrite, butyl nitrite,\\nisobutyl nitrite, pentyl nitrite or any other akyl nitrite compound that\\nis either designed to be used, or commonly used, as an inhalant.\\n 2. No person shall, for the purpose of causing a condition of\\nintoxication, inebriation, excitement, stupefaction, or the dulling of\\nhis brain or nervous system, intentionally smell or inhale the fumes\\nfrom any hazardous inhalants or from any glue containing a solvent\\nhaving the property of releasing toxic vapors or fumes; provided, that\\nnothing in this section shall be interpreted as applying to the\\ninhalation of any anesthesia or inhalant for medical or dental purposes.\\n 3. No person shall, for the purpose of violating subdivision two, use,\\nor possess for the purpose of so using, any hazardous inhalants or any\\nglue containing a solvent having the property of releasing toxic vapors\\nor fumes.\\n 4. No person shall sell, or offer to sell, to any other person any\\ntube or other container of any hazardous inhalants or glue containing a\\nsolvent having the property of releasing toxic vapors or fumes:\\n (a) if he has knowledge that the product sold, or offered for sale,\\nwill be used for the purpose set forth in subdivision two of this\\nsection; or\\n (b) unless there has been added to such glue a sufficient quantity of\\nan additive, approved by the commission, which shall act as a deterrent\\nto inhalation, and not be harmful or toxic to the human body. This\\nprovision shall not apply to hazardous inhalants or glue manufactured\\nand sold for industrial use.\\n 5. (a) No person shall use nitrous oxide for purposes of causing\\nintoxication, inebriation, excitement, stupefaction or the dulling of\\nthe brain or nervous system of himself or another.\\n (b) No person shall sell any canister or other container of nitrous\\noxide unless granted an exemption pursuant to this subdivision. In no\\nevent shall any canister or other container of nitrous oxide be sold to\\na person under the age of twenty-one years.\\n (c) This subdivision shall not apply to the use of nitrous oxide in\\nindustrial, medical or dental applications, or to specific products\\nwhich must use nitrous oxide as a propellant provided such products\\nshall in no event be sold at retail to the public, as shall be\\ndetermined by the commissioner pursuant to paragraph (d) of this\\nsubdivision.\\n (d) The commissioner is directed to promulgate regulations to exempt\\nspecific products which must use nitrous oxide, or a mixture of nitrous\\noxide with other gases, as a propellant from the provisions of this\\nchapter provided such regulations shall prohibit the sale of such\\nproducts at retail to the public.\\n (e) The provisions of this section shall not be deemed to prohibit the\\nsale of food products containing nitrous oxide provided such products\\ncomply with the provisions of section sixteen-a of the agriculture and\\nmarkets law.\\n (f) The commissioner may, upon the application of a manufacturer or\\nseller of a product containing nitrous oxide and intended for sale at\\nretail, authorize the sale of such a product if there is no evidence of\\nsubstantial misuse of the product as defined by this subdivision and if\\nthe manufacturer or seller takes the following steps to:\\n (i) clearly indicate the legitimate purpose or use of the product on\\nthe package;\\n (ii) display prominently on the package in heavy type print language\\nwhich warns of health dangers resulting from the misuse of nitrous\\noxide;\\n (iii) demonstrate that the product bears a distinctive feature or\\nfeatures enabling it to be clearly distinguished from the nitrous oxide\\nproducts of other manufacturers;\\n (iv) educate wholesale and retail businesses which sell the product of\\nthe dangers of nitrous oxide and the need to monitor its sale; and\\n (v) prevent their sale of the product to any person, firm or\\ncorporation who or which sells drug-related paraphernalia as such term\\nis defined by subdivision two of section eight hundred fifty of the\\ngeneral business law.\\n 6. (a) Any person who violates any provision of subdivision two or\\nthree of this section shall be guilty of an offense and upon conviction\\nthereof shall be punished by a fine of not more than fifty dollars or by\\nimprisonment for not more than five days, or by both such fine and\\nimprisonment.\\n (b) Any person who violates any provision of subdivision four or five\\nof this section shall be guilty of a class A misdemeanor.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3381", "title" : "Sale and possession of hypodermic syringes and hypodermic needles", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2016-07-01", "2016-11-11", "2021-10-15" ], "docLevelId" : "3381", "activeDate" : "2016-11-11", "sequenceNo" : 1479, "repealedDate" : null, "fromSection" : "3381", "toSection" : "3381", "text" : " § 3381. Sale and possession of hypodermic syringes and hypodermic\\nneedles. 1. It shall be unlawful for any person to sell or furnish to\\nanother person or persons, a hypodermic syringe or hypodermic needle\\nexcept:\\n (a) pursuant to a prescription of a practitioner, which for the\\npurposes of this section shall include a patient specific prescription\\nform as provided for in the education law; or\\n (b) to persons who have been authorized by the commissioner to obtain\\nand possess such instruments; or\\n (c) by a pharmacy licensed under article one hundred thirty-seven of\\nthe education law, health care facility licensed under article\\ntwenty-eight of this chapter or a health care practitioner who is\\notherwise authorized to prescribe the use of hypodermic needles or\\nsyringes within his or her scope of practice; provided, however, that\\nsuch sale or furnishing: (i) shall only be to a person eighteen years of\\nage or older; (ii) shall be limited to a quantity of ten or less\\nhypodermic needles or syringes; and (iii) shall be in accordance with\\nsubdivision five of this section.\\n 2. It shall be unlawful for any person to obtain or possess a\\nhypodermic syringe or hypodermic needle unless such possession has been\\nauthorized by the commissioner or is pursuant to a prescription, or is\\npursuant to subdivision five of this section.\\n 3. Any person selling or furnishing a hypodermic syringe or hypodermic\\nneedle pursuant to a prescription shall record upon the prescription,\\nhis or her signature or electronic signature, and the date of the sale\\nor furnishing of the hypodermic syringe or hypodermic needle. Such\\nprescription shall be retained on file for a period of five years and be\\nreadily accessible for inspection by any public officer or employee\\nengaged in the enforcement of this section. Such prescription may be\\nrefilled not more than the number of times specifically authorized by\\nthe prescriber upon the prescription, provided however no such\\nauthorization shall be effective for a period greater than two years\\nfrom the date the prescription is signed.\\n 4. The commissioner shall, subject to subdivision five of this\\nsection, designate persons, or by regulation, classes of persons who may\\nobtain hypodermic syringes and hypodermic needles without prescription\\nand the manner in which such transactions may take place and the records\\nthereof which shall be maintained.\\n 5. (a) A person eighteen years of age or older may obtain and possess\\na hypodermic syringe or hypodermic needle pursuant to paragraph (c) of\\nsubdivision one of this section.\\n (b) Subject to regulations of the commissioner, a pharmacy licensed\\nunder article one hundred thirty-seven of the education law, a health\\ncare facility licensed under article twenty-eight of this chapter or a\\nhealth care practitioner who is otherwise authorized to prescribe the\\nuse of hypodermic needles or syringes within his or her scope of\\npractice, may obtain and possess hypodermic needles or syringes for the\\npurpose of selling or furnishing them pursuant to paragraph (c) of\\nsubdivision one of this section or for the purpose of disposing of them,\\nprovided that such pharmacy, health care facility or health care\\npractitioner has registered with the department.\\n (c) Sale or furnishing of hypodermic syringes or hypodermic needles to\\ndirect consumers pursuant to this subdivision by a pharmacy, health care\\nfacility, or health care practitioner shall be accompanied by a safety\\ninsert. Such safety insert shall be developed or approved by the\\ncommissioner and shall include, but not be limited to, (i) information\\non the proper use of hypodermic syringes and hypodermic needles; (ii)\\nthe risk of blood borne diseases that may result from the use of\\nhypodermic syringes and hypodermic needles; (iii) methods for preventing\\nthe transmission or contraction of blood borne diseases; (iv) proper\\nhypodermic syringe and hypodermic needle disposal practices; (v)\\ninformation on the dangers of injection drug use, and how to access drug\\ntreatment; (vi) a toll-free phone number for information on the human\\nimmunodeficiency virus; and (vii) information on the safe disposal of\\nhypodermic syringes and hypodermic needles including the relevant\\nprovisions of the environmental conservation law relating to the\\nunlawful release of regulated medical waste. The safety insert shall be\\nattached to or included in the hypodermic syringe and hypodermic needle\\npackaging, or shall be given to the purchaser at the point of sale or\\nfurnishing in brochure form.\\n (d) In addition to the requirements of paragraph (c) of subdivision\\none of this section, a pharmacy licensed under article one hundred\\nthirty-seven of the education law may sell or furnish hypodermic needles\\nor syringes only if such pharmacy: (i) does not advertise to the public\\nthe availability for retail sale or furnishing of hypodermic needles or\\nsyringes without a prescription; and (ii) at any location where\\nhypodermic needles or syringes are kept for retail sale or furnishing,\\nstores such needles and syringes in a manner that makes them available\\nonly to authorized personnel and not openly available to customers.\\n (e) A pharmacy registered under article one hundred thirty-seven of\\nthe education law may offer counseling and referral services to\\ncustomers purchasing hypodermic syringes for the purpose of: preventing\\ninjection drug abuse; the provision of drug treatment; preventing and\\ntreating hepatitis C; preventing drug overdose; testing for the human\\nimmunodeficiency virus; and providing pre-exposure prophylaxis and\\nnon-occupational post-exposure prophylaxis. The content of such\\ncounseling and referral shall be at the professional discretion of the\\npharmacist.\\n (f) The commissioner shall promulgate rules and regulations necessary\\nto implement the provisions of this subdivision which shall include a\\nrequirement that such pharmacies, health care facilities and health care\\npractitioners cooperate in a safe disposal of used hypodermic needles or\\nsyringes.\\n (g) The commissioner may, upon the finding of a violation of this\\nsection, suspend for a determinate period of time the sale or furnishing\\nof syringes by a specific entity.\\n 6. The provisions of this section shall not apply to farmers engaged\\nin livestock production or to those persons supplying farmers engaged in\\nlivestock production, provided that:\\n (a) Hypodermic syringes and needles shall be stored in a secure,\\nlocked storage container.\\n (b) At any time the department may request a document outlining:\\n (i) the number of hypodermic needles and syringes purchased over the\\npast calendar year;\\n (ii) a record of all hypodermic needles used over the past calendar\\nyear; and\\n (iii) a record of all hypodermic needles and syringes destroyed over\\nthe past calendar year.\\n (c) Hypodermic needles and syringes shall be destroyed in a manner\\nconsistent with the provisions set forth in section thirty-three hundred\\neighty-one-a of this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3381-A", "title" : "Destruction of hypodermic syringes and needles", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3381-A", "activeDate" : "2014-09-22", "sequenceNo" : 1480, "repealedDate" : null, "fromSection" : "3381-A", "toSection" : "3381-A", "text" : " § 3381-a. Destruction of hypodermic syringes and needles. All\\nhypodermic syringes, needles and disposable hypodermic units which are\\nno longer usable or required shall be crushed, broken or otherwise\\nrendered inoperable in the process of disposal.\\n The department may specify procedures for disposal of such hypodermic\\nsyringes, needles and disposable units as may be necessary to protect\\npublic health including, but not limited to, placement of such syringes,\\nneedles and units in a leak-proof, puncture resistant container prior to\\ndisposal.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3382", "title" : "Growing of the plant known as Cannabis by unlicensed persons", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3382", "activeDate" : "2014-09-22", "sequenceNo" : 1481, "repealedDate" : null, "fromSection" : "3382", "toSection" : "3382", "text" : " § 3382. Growing of the plant known as Cannabis by unlicensed persons.\\nA person who, without being licensed so to do under this article, grows\\nthe plant of the genus Cannabis or knowingly allows it to grow on his\\nland without destroying the same, shall be guilty of a class A\\nmisdemeanor.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3383", "title" : "Imitation controlled substances", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3383", "activeDate" : "2014-09-22", "sequenceNo" : 1482, "repealedDate" : null, "fromSection" : "3383", "toSection" : "3383", "text" : " § 3383. Imitation controlled substances. 1. For purposes of this\\nsection, the following terms shall have the following meanings:\\n a. \"Manufacture\" means the production, preparation, compounding,\\ntableting, processing, encapsulating, packaging, repackaging, labeling\\nor relabeling of an imitation controlled substance.\\n b. \"Markings\" means a simulated trademark, trade name, imprinting or\\nother mark, or likeness thereof, of the manufacturer, distributor or\\ndispenser of a controlled substance or a simulated code number or symbol\\nor likeness thereof identifying a controlled substance or combination of\\nsuch substances.\\n c. \"Imitation controlled substance\" means a substance, other than a\\ndrug for which a prescription is required pursuant to article one\\nhundred thirty-seven of the education law, that is not a controlled\\nsubstance, which by dosage unit appearance, including color, shape and\\nsize and by a representation is represented to be a controlled\\nsubstance, as defined in the penal law. Evidence of representations that\\nthe substance is a controlled substance may include but is not limited\\nto oral or written representations by the manufacturer or seller, as the\\ncase may be, about the substance with regard to:\\n (i) its price, nature, use or effect as a controlled substance; or\\n (ii) its packaging in a manner normally used for illicit controlled\\nsubstances; or\\n (iii) markings on the substance.\\n 2. It shall be unlawful for any person to manufacture, sell or possess\\nwith the intent to sell, an imitation controlled substance.\\n 3. It shall be unlawful for any person to possess or use any punch,\\ndie, plate, stone or any other equipment in order to print, imprint, or\\nreproduce the trademark, trade name or other identifying mark, imprint\\nor device of another or any likeness of any of the foregoing upon any\\nsubstance or container or labeling thereof with intent to manufacture an\\nimitation controlled substance.\\n 4. No liability shall be imposed by virtue of this section on any\\nperson licensed pursuant to article one hundred thirty-one of the\\neducation law or licensed under this article who manufactures,\\ndistributed, sells, prescribes, dispenses or possesses an imitation\\ncontrolled substance for use as a placebo or for use in clinical\\nresearch conducted pursuant to the federal food, drug and cosmetic act.\\n 5. Nothing in this section shall apply to a noncontrolled substance\\nthat was initially introduced into commerce prior to the initial\\nintroduction into commerce of the controlled substance which it is\\nalleged to imitate.\\n 6. In any prosecution under this section it shall be necessary to\\nprove that the imitation controlled substance was represented to be a\\ncontrolled substance; however, it shall not be a defense to a\\nprosecution under this section that the accused believed the imitation\\ncontrolled substance to be a controlled substance.\\n 7. A violation of subdivision two or three of this section shall be a\\nclass A misdemeanor. A violation of subdivision two or three of this\\nsection by a person previously convicted of a violation of this section\\nwithin the preceding five years shall be a class E felony.\\n 8. If any provision or part of this section or application thereof is\\nheld invalid, the invalidity shall not affect other provisions, parts or\\napplications of this section which can be given effect without the\\ninvalid provisions or application, and to this end the provisions of\\nthis section are severable.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3384", "title" : "Information program for retailers", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3384", "activeDate" : "2014-09-22", "sequenceNo" : 1483, "repealedDate" : null, "fromSection" : "3384", "toSection" : "3384", "text" : " § 3384. Information program for retailers. The department shall\\ndevelop and maintain a program to inform retailers about the\\nmethamphetamine problem in New York state.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3385", "title" : "Enforcement", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3385", "activeDate" : "2014-09-22", "sequenceNo" : 1484, "repealedDate" : null, "fromSection" : "3385", "toSection" : "3385", "text" : " § 3385. Enforcement. 1. (a) The department and its representatives\\nshall have access during business hours to all orders, prescriptions or\\nrecords required to be kept under this article.\\n (b) Orders, prescriptions and records required to be kept under this\\narticle shall be maintained at the premises where the licensed activity\\nis conducted.\\n 2. For the purposes of enforcing the provisions of this article, each\\nemployee of the department designated by the commissioner shall possess\\nall of the powers of a peace officer as set forth in section 2.20 of the\\ncriminal procedure law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3385-A", "title" : "Access to criminal history information", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3385-A", "activeDate" : "2014-09-22", "sequenceNo" : 1485, "repealedDate" : null, "fromSection" : "3385-A", "toSection" : "3385-A", "text" : " § 3385-a. Access to criminal history information. Upon such terms and\\nconditions as the commissioner of the division of criminal justice\\nservices agrees, authorized employees of the department's bureau of\\nnarcotic enforcement, designated by the commissioner pursuant to\\nsubdivision two of section three thousand three hundred eighty-five of\\nthis title, may access criminal history information in the central data\\nfacility established pursuant to subdivision six of section eight\\nhundred thirty-seven of the executive law upon request to the director\\nof the bureau of narcotic enforcement demonstrating the necessity for\\nsuch access as part of an identified, ongoing criminal investigation.\\nAny information obtained as a result of such access shall not be\\ndisseminated to persons not authorized to access such criminal history\\ninformation.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3387", "title" : "Seizure and forfeiture of controlled substances, imitation controlled substances and official New York state prescription forms; disposition", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3387", "activeDate" : "2014-09-22", "sequenceNo" : 1486, "repealedDate" : null, "fromSection" : "3387", "toSection" : "3387", "text" : " § 3387. Seizure and forfeiture of controlled substances, imitation\\ncontrolled substances and official New York state prescription forms;\\ndisposition. 1. Any controlled substance or imitation controlled\\nsubstance which has been manufactured, distributed, dispensed or\\nacquired in violation of this article, or the lawful possession of which\\ncannot be immediately ascertained, and any official New York state\\nprescription form which has been printed, distributed or acquired in\\nviolation of this article or the lawful possession of which cannot be\\nimmediately ascertained are hereby declared to be public nuisances and\\nmay be seized by a peace officer, acting pursuant to his special duties,\\nor a police officer and shall be forfeited, and disposed of as follows:\\n (a) except as in this section otherwise provided, the commissioner,\\nthe court or magistrate having jurisdiction shall order such controlled\\nsubstance or imitation controlled substance forfeited or destroyed. A\\nrecord of the quantity and nature of the substance, of the place where\\nsaid substance was seized, and of the time, place and manner of\\ndestruction, shall be kept, and a return under oath, reporting said\\ndestruction, shall be made to the person ordering such destruction by\\nthe officer who destroys them;\\n (b) upon written application by the commissioner, the court or\\nmagistrate by whom the forfeiture of controlled substances or imitation\\ncontrolled substances has been decreed may order the delivery of any of\\nthem, except substances listed in schedule I of section thirty-three\\nhundred six, to such commissioner for distribution or destruction, as\\nhereinafter provided;\\n (c) upon application by any hospital within this state, not operated\\nfor private gain, the commissioner may in his discretion deliver any\\ncontrolled substance or imitation controlled substance that has come\\ninto his custody by authority of this section to the applicants for\\nmedicinal use;\\n (d) the commissioner may from time to time deliver excess stocks of\\ncontrolled substances or imitation controlled substances to the Bureau\\nor shall destroy the same;\\n (e) controlled substances or imitation controlled substances which are\\nexcess or undesired by persons lawfully possessing the same may be\\ndisposed of in such manner as the commissioner shall by regulation\\nrequire;\\n (f) official New York state prescription forms which have been seized\\nas provided by this section shall be disposed of by express prepaid\\nshipment to the \"State Department of Health, Bureau of Prescription\\nAnalysis, Albany, New York,\" or by delivery to an authorized narcotic\\ncontrol representative of the department.\\n 2. The commissioner shall keep a full and complete record of all\\ncontrolled substances or imitation controlled substances received and of\\nall controlled substances or imitation controlled substances disposed\\nof, showing the exact kinds, quantities and forms of such substances;\\nthe persons from whom received and to whom delivered; by whose authority\\nreceived, delivered and destroyed; and the dates of the receipt,\\ndisposal or destruction. This record shall be open to inspection by all\\nfederal or state officers charged with the enforcement of federal and\\nstate laws relating to controlled substances or imitation controlled\\nsubstances.\\n 3. Any raw material product, container or equipment of any kind which\\nis used, or intended for use, in manufacturing, distributing, dispensing\\nor administering a controlled substance or imitation controlled\\nsubstance in violation of this article shall be seized by any peace\\nofficer, acting pursuant to his special duties, or police officer and\\nforfeited in the same manner as property subject to seizure and\\nforfeiture pursuant to section thirty-three hundred eighty-eight of this\\narticle, except that such property shall not be retained for use by any\\nofficial.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3388", "title" : "Seizure and forfeiture of vehicles, vessels or aircraft unlawfully used to conceal, convey or transport controlled substances", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3388", "activeDate" : "2014-09-22", "sequenceNo" : 1487, "repealedDate" : null, "fromSection" : "3388", "toSection" : "3388", "text" : " § 3388. Seizure and forfeiture of vehicles, vessels or aircraft\\nunlawfully used to conceal, convey or transport controlled substances.\\n1. Except as authorized in this article, it shall be unlawful to:\\n (a) transport, carry, or convey any controlled substance in, upon, or\\nby means of any vehicle, vessel or aircraft; or\\n (b) conceal or possess any controlled substance in or upon any\\nvehicle, vessel or aircraft, or upon the person of anyone in or upon any\\nvehicle, vessel or aircraft; or\\n (c) use any vehicle, vessel or aircraft to facilitate the\\ntransportation, carriage, conveyance, concealment, receipt, possession,\\npurchase, or sale of any controlled substance.\\n 2. Any vehicle, vessel or aircraft which has been or is being used in\\nviolation of subdivision one, except a vehicle, vessel or aircraft used\\nby any person as a common carrier in the transaction of business as such\\ncommon carrier shall be seized by any peace officer, acting pursuant to\\nhis special duties, or police officer, and forfeited as hereinafter in\\nthis section provided. A vehicle, vessel or aircraft is not subject to\\nforfeiture unless used in connection with acts or conduct which would\\nconstitute a felony under article 220 of the penal law.\\n 3. The seized property shall be delivered by the officer having made\\nthe seizure to the custody of the district attorney of the county\\nwherein the seizure was made, except that in the cities of New York,\\nYonkers, Rochester and Buffalo the seized property shall be delivered to\\nthe custody of the police department of such cities and such property\\nseized by a member or members of the state police shall be delivered to\\nthe custody of the superintendent of state police, together with a\\nreport of all the facts and circumstances of the seizure.\\n 4. It shall be the duty of the attorney general in seizures by members\\nof the state police, otherwise it shall be the duty of the district\\nattorney of the county wherein the seizure is made, if elsewhere than in\\nthe cities of New York, Yonkers, Rochester or Buffalo, and where the\\nseizure is made in such cities it shall be the duty of the corporation\\ncounsel of the city, to inquire into the facts of the seizure so\\nreported to him and if it appears probable that a forfeiture has been\\nincurred by reason of a violation of this section, for the determination\\nof which the institution of proceedings in the supreme court is\\nnecessary, to cause the proper proceedings to be commenced and\\nprosecuted, not later than twenty days after written demand by a person\\nclaiming ownership thereof, to declare such forfeiture, unless, upon\\ninquiry and examination, such district attorney, attorney general or\\ncorporation counsel decides that such proceedings cannot probably be\\nsustained or that the ends of public justice do not require that they\\nshould be instituted or prosecuted, in which case, the district\\nattorney, the attorney general or corporation counsel shall cause such\\nseized property to be returned to the owner thereof. The procedure for\\nproceedings instituted under this section shall conform as much as\\npossible to the procedure for attachment.\\n 5. Notice of the institution of the forfeiture proceeding shall be\\nserved either:\\n (a) personally on the owners of the seized property; or\\n (b) by registered mail to the owners' last known address and by\\npublication of the notice once a week for two successive weeks in a\\nnewspaper published or circulated in the county wherein the seizure was\\nmade.\\n 6. Forfeiture shall not be adjudged where the owners establish by\\npreponderance of the evidence that:\\n (a) the use of such seized property, in violation of subdivision one\\nof this section, was not intentional on the part of any owner; or\\n (b) said seized property was used in violation of subdivision one of\\nthis section by any person other than an owner thereof, while such\\nseized property was unlawfully in the possession of a person who\\nacquired possession thereof in violation of the criminal laws of the\\nUnited States, or of any state.\\n 7. The district attorney, the superintendent of state police or the\\npolice department having custody of the seized property, after such\\njudicial determination of forfeiture, shall, at their discretion, either\\nretain such seized property for the official use of their office,\\ndivision or department, or, by a public notice of at least five days,\\nsell such forfeited property at public sale; provided, however, that\\nwhere such property is subject to a perfected lien such property may not\\nbe retained for their official use unless all such liens on the property\\nto be retained have been or will be satisfied. The net proceeds of any\\nsuch sale, after deduction of the lawful expenses incurred, shall be\\npaid into the general fund of the county wherein the seizure was made\\nexcept that the net proceeds of the sale of property seized in the\\ncities of New York, Yonkers, Rochester and Buffalo shall be paid into\\nthe respective general funds of such cities, and of the sale of property\\nseized by the state police into the general fund of the state.\\n 8. Whenever any person interested in any property which is seized and\\ndeclared forfeited under the provisions of this section files with a\\njustice of the supreme court a petition for the recovery of such\\nforfeited property, the justice of the supreme court may restore said\\nforfeited property upon such terms and conditions as he deems reasonable\\nand just, if the petitioner establishes either of the affirmative\\ndefenses set forth in subdivision six of this section and that the\\npetitioner was without personal or actual knowledge of the forfeiture\\nproceeding. If the petition be filed after the sale of the forfeited\\nproperty, any judgment in favor of the petitioner shall be limited to\\nthe net proceeds of such sale, after deduction of the lawful expenses\\nand costs incurred by the district attorney, police department or\\ncorporation counsel.\\n 9. No suit or action under this section for wrongful seizure shall be\\ninstituted unless such suit or action is commenced within two years\\nafter the time when the property was seized.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3390", "title" : "Revocation of licenses and certificates of approval", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3390", "activeDate" : "2014-09-22", "sequenceNo" : 1488, "repealedDate" : null, "fromSection" : "3390", "toSection" : "3390", "text" : " § 3390. Revocation of licenses and certificates of approval. Any\\nlicense or certificate of approval granted pursuant to this article may\\nbe revoked by the commissioner in whole or in part upon a finding that\\nthe licensee or certificate holder has:\\n 1. falsified any application, report, or record required by this\\narticle;\\n 2. wilfully failed to furnish the department with timely reports or\\ninformation required to be filed with the department;\\n 3. been convicted of an offense in any jurisdiction relating to any\\nsubstance listed in this article as a controlled substance;\\n 4. wilfully or negligently failed to comply with any of the provisions\\nof the federal controlled substances act, this article, or the\\nregulations promulgated thereunder;\\n 5. failed to maintain effective control against diversion of\\ncontrolled substances; or\\n 6. wilfully and unreasonably refused to permit an inspection\\nauthorized by this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3391", "title" : "Revocation and suspension of license or certificate of approval procedure", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3391", "activeDate" : "2014-09-22", "sequenceNo" : 1489, "repealedDate" : null, "fromSection" : "3391", "toSection" : "3391", "text" : " § 3391. Revocation and suspension of license or certificate of\\napproval procedure. 1. A proceeding to revoke a license or certificate\\nof approval shall be commenced by a notice served personally or by\\nregistered or certified mail upon the licensee or holder of a\\ncertificate of approval directing him to show cause why his license or\\ncertificate should not be revoked. Such notice shall set forth in\\ndetail the grounds for the proposed revocation and shall fix a date for\\nhearing not less than fifteen nor more than thirty days from the date of\\nsuch notice.\\n 2. Simultaneous with the commencement of a proceeding to revoke a\\nlicense or certificate or during the course of such proceeding, the\\ncommissioner may in the case of a clear and imminent danger to the\\npublic health or safety forthwith suspend without prior notice any\\nlicense or certificate theretofore issued.\\n 3. If the commissioner suspends or revokes a license or certificate,\\nall controlled substances owned or possessed by the licensee or holder\\nof a certificate of approval and in the state of New York at the time of\\nthe suspension or the effective date of the revocation and which such\\nlicensee or holder of a certificate of approval is no longer authorized\\nto possess, shall be seized or placed under seal in the manner provided\\nin this article.\\n 4. In lieu of revocation of a license or certificate, the commissioner\\nmay impose a civil penalty not in excess of ten thousand dollars. Such\\npenalty may be imposed in lieu of revocation only if the commissioner is\\nsatisfied that the imposition and payment of such penalty will serve as\\na sufficient deterrent to future violations.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3393", "title" : "Formal hearings procedure", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3393", "activeDate" : "2014-09-22", "sequenceNo" : 1490, "repealedDate" : null, "fromSection" : "3393", "toSection" : "3393", "text" : " § 3393. Formal hearings procedure. 1. The commissioner or any person\\ndesignated by him for this purpose, shall have the power to administer\\noaths, compel the attendance of witnesses and the production of books,\\nrecords and documents and to take proof and testimony concerning all\\nmatters within the jurisdiction of the department.\\n 2. Notice of hearing shall be served at least fifteen days prior to\\nthe date of the hearing, provided, however, whenever the commissioner\\nhas made a preliminary order suspending a license or directing the\\ncessation of any activity pending the hearing, the commissioner shall\\nprovide the person affected thereby with an opportunity to be heard\\nwithin five days.\\n 3. At a hearing any person who is a party thereto may appear\\npersonally, shall have the right of counsel, and may cross-examine\\nwitnesses and produce evidence and witnesses in his own behalf.\\n 4. Following a hearing, the commissioner shall make appropriate\\nfindings of fact and determinations and shall issue an order in\\naccordance therewith.\\n 5. The person conducting the hearing shall not be bound by the rules\\nof evidence but any determination must be founded upon sufficient legal\\nevidence to sustain it.\\n 6. The commissioner may adopt such rules and regulations governing the\\nprocedures to be followed with respect to the hearings as may be\\nconsistent with the fair and effective administration of this article.\\n 7. Any notice, application, order or other paper required to be served\\nupon any party to a proceeding hereunder may be served in person, by\\nregistered mail or by certified mail upon either the party or an\\nattorney who has appeared on his behalf.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3394", "title" : "Judicial review", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3394", "activeDate" : "2014-09-22", "sequenceNo" : 1491, "repealedDate" : null, "fromSection" : "3394", "toSection" : "3394", "text" : " § 3394. Judicial review. 1. All orders or determinations hereunder\\nshall be subject to judicial review as provided in article seventy-eight\\nof the civil practice law and rules. In any such proceeding findings of\\nfact made by the commissioner, if supported by substantial evidence,\\nshall be conclusive.\\n 2. Application for such review must be made within sixty days after\\nservice of the order or determination upon the person whose license,\\ncertificate, right or privilege is affected thereby or upon the attorney\\nof record for such person.\\n 3. An order, or the enforcement of an order revoking or suspending a\\nlicense or revoking or cancelling official forms issued by the\\ndepartment, if accompanied by a finding of a clear and imminent danger\\nto the public health or safety, may not be temporarily stayed or\\nrestrained prior to a determination on the merits of the application for\\njudicial review.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3396", "title" : "Violations; penalties", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3396", "activeDate" : "2014-09-22", "sequenceNo" : 1492, "repealedDate" : null, "fromSection" : "3396", "toSection" : "3396", "text" : " § 3396. Violations; penalties. 1. In any civil, criminal or\\nadministrative action or proceeding brought for the enforcement of any\\nprovision of this article, it shall not be necessary to negate or\\ndisprove any exception, excuse, proviso or exemption contained in this\\narticle, and the burden of proof of any such exception, excuse, proviso,\\nor exemption shall be upon the person claiming its benefit.\\n 2. Violation of any provision of this article for which a penalty is\\nspecifically provided herein shall be punishable as provided herein.\\nViolation of any provision of this article for which no penalty is\\nprovided herein shall be punishable as provided in section twelve-b of\\narticle one of this chapter or in the penal law.\\n 3. No person shall be prosecuted for a violation of any provision of\\nthis article if such person has been acquitted or convicted under the\\nfederal controlled substances act, of the same act or omission which, it\\nis alleged, constitutes a violation of this article.\\n 4. Upon the conviction of any person for violating any provision of\\nthis article, a copy of the judgment and sentence, and of the opinion of\\nthe court or judge, if any opinion be filed, shall be sent by the clerk\\nof the court, or by the judge, to the board or officer, if any, by whom\\nthe convicted defendant has been licensed or registered to practice his\\nprofession, or to carry on his business.\\n 5. Upon the imposition of any penalty, warning, reprimand or other\\nsanction against any person for violating any provision of this article,\\na copy of the order, finding or opinion, if any is made or rendered,\\nshall be sent by the person authorized by law to make such\\ndetermination, to the board or officer by whom the respondent is\\nlicensed or registered to practice a profession or to carry on a\\nbusiness.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3397", "title" : "Fraud and deceit", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3397", "activeDate" : "2014-09-22", "sequenceNo" : 1493, "repealedDate" : null, "fromSection" : "3397", "toSection" : "3397", "text" : " § 3397. Fraud and deceit. 1. No person shall:\\n (a) obtain or attempt to obtain a controlled substance, a prescription\\nfor a controlled substance or an official New York State prescription\\nform,\\n (i) by fraud, deceit, misrepresentation or subterfuge; or\\n (ii) by the concealment of a material fact; or\\n (iii) by the use of a false name or the giving of a false address;\\n (b) wilfully make a false statement in any prescription, order,\\napplication, report or record required by this article;\\n (c) falsely assume the title of, or represent himself to be a licensed\\nmanufacturer, distributor, pharmacy, pharmacist, practitioner,\\nresearcher, approved institutional dispenser, owner or employee of a\\nregistered outsourcing facility or other authorized person, for the\\npurpose of obtaining a controlled substance;\\n (d) make or utter any false or forged prescription or false or forged\\nwritten order;\\n (e) affix any false or forged label to a package or receptacle\\ncontaining controlled substances; or\\n (f) imprint on or affix to any controlled substance a false or forged\\ncode number or symbol.\\n 2. Possession of a false or forged prescription for a controlled\\nsubstance by any person other than a pharmacist in the lawful pursuance\\nof his profession shall be presumptive evidence of his intent to use the\\nsame for the purpose of illegally obtaining a controlled substance.\\n 3. Possession of a blank official New York state prescription form by\\nany person to whom it was not lawfully issued shall be presumptive\\nevidence of such person's intent to use same for the purpose of\\nillegally obtaining a controlled substance.\\n 4. Any person who, in the course of treatment, is supplied with a\\ncontrolled substance or a prescription therefor by one practitioner and\\nwho, without disclosing the fact, is supplied during such treatment with\\na controlled substance or a prescription therefor by another\\npractitioner shall be guilty of a violation of this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 16 }, "repealed" : false } ], "size" : 9 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A33-A", "title" : "Controlled Substances Therapeutic Research Act", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22", "2017-08-04", "2025-11-28" ], "docLevelId" : "33-A", "activeDate" : "2017-08-04", "sequenceNo" : 1494, "repealedDate" : null, "fromSection" : "3397-A", "toSection" : "3397-F", "text" : " ARTICLE 33-A\\n CONTROLLED SUBSTANCES THERAPEUTIC RESEARCH ACT\\nSection 3397-a. Legislative findings.\\n 3397-b. Definitions.\\n 3397-c. Antonio G. Olivieri controlled substances therapeutic\\n research program established; participation.\\n 3397-d. State patient qualification review board; composition;\\n powers and duties.\\n 3397-e. Patient participation in program; procedure.\\n 3397-f. Antonio G. Olivieri controlled substances therapeutic\\n research program; distribution.\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3397-A", "title" : "Legislative findings", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2025-11-28" ], "docLevelId" : "3397-A", "activeDate" : "2014-09-22", "sequenceNo" : 1495, "repealedDate" : null, "fromSection" : "3397-A", "toSection" : "3397-A", "text" : " § 3397-a. Legislative findings. The legislature finds that recent\\nresearch has shown that the use of marijuana may alleviate the nausea\\nand ill-effects of cancer chemotherapy, may alleviate the ill-effects of\\nglaucoma and may have other therapeutic uses. The legislature further\\nfinds that there is a need for further research and experimentation with\\nregard to the use of marijuana for therapeutic purposes under strictly\\ncontrolled circumstances. It is for such research programs that the\\ncontrolled substances therapeutic research act is hereby enacted.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3397-B", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2021-04-02", "2025-11-28" ], "docLevelId" : "3397-B", "activeDate" : "2014-09-22", "sequenceNo" : 1496, "repealedDate" : null, "fromSection" : "3397-B", "toSection" : "3397-B", "text" : " § 3397-b. Definitions. As used in this article:\\n 1. \"Marijuana\" means marijuana as defined in section thirty-three\\nhundred two of this chapter and shall also include tetrahydrocannabinols\\nor a chemical derivative of tetrahydrocannabinol.\\n 2. \"Physician\" means a person licensed to practice medicine in the\\nstate of New York including a person authorized to practice medicine in\\na federal medical facility in the state.\\n 3. \"Hospital\" means a hospital as defined in section twenty-eight\\nhundred one of this chapter.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3397-C", "title" : "Antonio G", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2025-11-28" ], "docLevelId" : "3397-C", "activeDate" : "2014-09-22", "sequenceNo" : 1497, "repealedDate" : null, "fromSection" : "3397-C", "toSection" : "3397-C", "text" : " § 3397-c. Antonio G. Olivieri controlled substances therapeutic\\nresearch program established; participation. 1. The Antonio G. Olivieri\\ncontrolled substances therapeutic research program is hereby established\\nin the department of health. The commissioner shall promulgate rules and\\nregulations necessary for the proper administration of the controlled\\nsubstances therapeutic research act. In such promulgation, the\\ncommissioner shall take into consideration those pertinent rules and\\nregulations promulgated by the drug enforcement administration, food and\\ndrug administration and the national institute on drug abuse.\\n 2. Participation in the Antonio G. Olivieri controlled substances\\ntherapeutic research program shall be limited to cancer patients,\\nglaucoma patients and patients afflicted with other diseases as such\\ndiseases are approved by the commissioner. Such patient shall be\\ncertified by a physician to and approved by a patient qualification\\nreview board or committee in the manner provided by this article.\\nPhysician certification and board or committee approval shall be limited\\nto such patients who are involved in a life-threatening or\\nsense-threatening situation. Patients seeking participation in such\\nprogram may seek the advice and shall be entitled to be advised by\\nappropriate medical personnel concerning the medical efficacy of\\ntreatment with conventional controlled substances.\\n 3. The commissioner, on behalf of the department, shall apply to the\\nfood and drug administration for an investigational new drug permit\\nwithin ninety days after the effective date of this section.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3397-D", "title" : "State patient qualification review board; composition; powers and duties", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2025-11-28" ], "docLevelId" : "3397-D", "activeDate" : "2014-09-22", "sequenceNo" : 1498, "repealedDate" : null, "fromSection" : "3397-D", "toSection" : "3397-D", "text" : " § 3397-d. State patient qualification review board; composition;\\npowers and duties. 1. The commissioner shall appoint a state patient\\nqualification review board of no less than three nor more than five\\nmembers. The state patient qualification review board shall be comprised\\nof:\\n (a) A physician licensed to practice medicine in New York and\\ncertified by the American board of ophthalmology;\\n (b) A physician licensed to practice medicine in New York and\\ncertified by the American board of internal medicine and also certified\\nin the subspecialty of medical oncology;\\n (c) A physician licensed to practice medicine in New York and\\ncertified in psychiatry by the American board of psychiatry and\\nneurology; and\\n (d) Any other members that the commissioner may deem necessary.\\n 2. Members of such board shall be appointed for three year terms\\nexcept that the term of those first appointed shall be arranged so that\\nas nearly as possible an equal number shall terminate annually. A\\nvacancy occurring during a term shall be filled by an appointment by the\\ncommissioner for the unexpired term. The commissioner shall designate\\nthe chairman of the board. Any member may be removed from the board at\\nthe pleasure of the commissioner.\\n 3. Each member of the board shall receive up to one hundred fifty\\ndollars as prescribed by the commissioner for each day devoted to board\\nwork not to exceed forty-five hundred dollars in any one year, and shall\\nbe reimbursed for necessary expenses.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3397-E", "title" : "Patient participation in program; procedure", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2025-11-28" ], "docLevelId" : "3397-E", "activeDate" : "2014-09-22", "sequenceNo" : 1499, "repealedDate" : null, "fromSection" : "3397-E", "toSection" : "3397-E", "text" : " § 3397-e. Patient participation in program; procedure. 1. Any\\nhospital may establish a hospital patient qualification review committee\\nsubject to the rules and regulations promulgated by the commissioner. A\\nhospital may designate a hospital human research review committee as set\\nforth in section twenty-four hundred forty-four of this chapter to serve\\nas a hospital patient qualification review committee.\\n 2. Any physician may recommend a patient for participation in the\\nAntonio G. Olivieri controlled substances therapeutic research program\\nto the hospital patient qualification review committee for the hospital\\nwherein such patient has received medical treatment.\\n 3. The hospital patient qualification review committee shall review\\neach recommendation and shall submit approved patient applications to\\nthe state patient qualification review board.\\n 4. The state patient qualification review board shall review all\\nphysician applicants for the Antonio G. Olivieri controlled substances\\ntherapeutic research program and certify or refuse to certify their\\nparticipation in the program.\\n 5. The state patient qualification review board may delegate to a\\nhospital patient qualification review committee the authority to approve\\nor disapprove a patient's participation in such program.\\n 6. A patient shall not be eligible to participate in such program\\nwithout the approval of the state patient qualification review board or\\nthe hospital patient qualification review committee delegated pursuant\\nto subdivision five of this section.\\n 7. The hospital human research review committee shall review each\\nhuman research project proposed hereunder and shall certify to the\\nhospital patient qualification review committee that such project meets\\nthe requirements of this article and article twenty-four-A of this\\nchapter.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3397-F", "title" : "Antonio G", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2025-11-28" ], "docLevelId" : "3397-F", "activeDate" : "2014-09-22", "sequenceNo" : 1500, "repealedDate" : null, "fromSection" : "3397-F", "toSection" : "3397-F", "text" : " § 3397-f. Antonio G. Olivieri controlled substances therapeutic\\nresearch program; distribution. 1. The commissioner shall obtain\\nmarijuana through whatever means he deems most appropriate, consistent\\nwith regulations promulgated by the national institute on drug abuse,\\nthe food and drug administration and the drug enforcement administration\\nand pursuant to the provisions of this article.\\n 2. If, within a reasonable time, the commissioner is unable to obtain\\ncontrolled substances pursuant to subdivision one of this section, he\\nshall conduct an inventory of available sources of such drugs, including\\nbut not limited to the New York state police bureau of criminal\\ninvestigation and local law enforcement officials. Said inventory shall\\nbe for the purpose of determining the feasibility of obtaining\\ncontrolled substances for use in the program. Upon conducting said\\ninventory, the commissioner shall contract with the available source for\\nthe receipt of controlled substances.\\n 3. The commissioner shall cause such marijuana to be transferred to a\\nhospital for distribution to the certified patient pursuant to this\\narticle.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 6 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A34", "title" : "Funeral Directing", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22", "2016-07-29" ], "docLevelId" : "34", "activeDate" : "2016-07-29", "sequenceNo" : 1501, "repealedDate" : null, "fromSection" : "3400", "toSection" : "3457", "text" : " ARTICLE 34\\n FUNERAL DIRECTING\\nTitle I. General provisions (Secs. 3400-3404).\\n II. Licensing and registration (Secs. 3420-3429).\\n III. Practice of funeral directing; funeral establishments (Secs.\\n 3440-3444).\\n IV. Enforcement and discipline; violations and penalties (Secs.\\n 3450-3457).\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A34T1", "title" : "General Provisions", "docType" : "TITLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1", "activeDate" : "2014-09-22", "sequenceNo" : 1502, "repealedDate" : null, "fromSection" : "3400", "toSection" : "3404", "text" : " TITLE I\\n GENERAL PROVISIONS\\nSection 3400. Funeral directing; definitions.\\n 3401. Funeral directing; powers and duties of commissioner.\\n 3402. Funeral directing advisory board.\\n 3403. Funeral directing; fees; fines; penalties; dispositions.\\n 3404. Construction; inconsistent provisions of other laws.\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3400", "title" : "Funeral directing; definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3400", "activeDate" : "2014-09-22", "sequenceNo" : 1503, "repealedDate" : null, "fromSection" : "3400", "toSection" : "3400", "text" : " § 3400. Funeral directing; definitions. As used in this article,\\nunless otherwise stated, the following terms shall have the respective\\nmeanings hereinafter set forth or indicated:\\n (a) \"Funeral director\" means a person to whom a valid license as such\\nhas been duly issued.\\n (b) \"Undertaker\" means a person to whom a valid license as such has\\nbeen duly issued.\\n (c) \"Embalmer\" means a person to whom a valid license as such has been\\nduly issued.\\n (d) \"Funeral directing\" means the care and disposal of the body of a\\ndeceased person and/or the preserving, disinfecting and preparing by\\nembalming or otherwise, the body of a deceased person for funeral\\nservices, transportation, burial or cremation; and/or funeral directing\\nor embalming as presently known whether under these titles or\\ndesignations or otherwise.\\n (e) \"Undertaking\" means the care, disposal, transportation, burial or\\ncremation by any means other than embalming of the body of a deceased\\nperson.\\n (f) \"Embalming\" means preparing, disinfecting and preserving, either\\nhypodermically, arterially or by any other recognized means the body of\\na deceased person for burial, cremation or other final disposition.\\n (g) \"Funeral establishment\" means a single physical location, address\\nor premises devoted to or used for the care and preparation of a body of\\na deceased person for disposition and for mourning or funeral ceremonial\\npurposes.\\n (h) \"Burial\" includes transportation and/or cremation.\\n (i) \"Advertisement\" means the publication, dissemination, circulation,\\nor placing before the public, or causing directly or indirectly to be\\nmade, published, disseminated, or placed before the public, any\\nannouncement or statement in a newspaper, magazine, or other\\npublication, or in the form of a book, notice, circular, pamphlet,\\nletter, hand-bill, poster, bill, sign, placard, card, label, tag, or by\\nradio or television or any other means.\\n (j) \"Funeral firm\" means an individual, partnership, corporation or\\nestate representative engaged in the business and practice of funeral\\ndirecting.\\n (k) \"Registered resident\" means a person who passed a funeral\\ndirecting examination and who is duly registered as such with the\\ndepartment while in the employ of a registered funeral firm and who is\\nengaged in the practice of funeral directing under the supervision of a\\nlicensed funeral director or undertaker and embalmer; provided, however,\\nthat a registered resident shall not have authority to sign any form or\\ndocument required by law which requires the signature of a licensed\\nfuneral director or make funeral arrangements or own or manage a funeral\\nfirm.\\n (l) \"Embalming fluid\" means any chemicals or substances manufactured\\nprimarily for use by licensed funeral directors, undertakers or\\nembalmers, or registered residents, to prepare, disinfect or preserve,\\neither hypodermically, arterially or by any other recognized means the\\nbody of a deceased person for burial, cremation or other final\\ndisposition.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3401", "title" : "Funeral directing; powers and duties of commissioner", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3401", "activeDate" : "2014-09-22", "sequenceNo" : 1504, "repealedDate" : null, "fromSection" : "3401", "toSection" : "3401", "text" : " § 3401. Funeral directing; powers and duties of commissioner. 1. The\\ncommissioner may, from time to time, make and adopt such rules and\\nregulations not inconsistent with law as may be necessary (a) in the\\nperformance of his duties and in the administration of the provisions of\\nthis article; and (b) to govern and regulate the conduct and transaction\\nof the business and practice of funeral directing, undertaking and\\nembalming.\\n 2. The commissioner shall:\\n (a) ascertain what constitutes the best tests for determining whether\\nlife is extinct, and shall prescribe the application of such tests, as\\nhe may deem necessary;\\n (b) investigate all alleged violations of law and of all rules and\\nregulations relating to funeral directing, undertaking, and embalming;\\n (c) appoint such personnel as he may deem necessary, who, subject to\\nthe supervision, direction, and control of the commissioner, shall\\nexercise the powers and perform the duties of the department and advise\\nthe commissioner under this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3402", "title" : "Funeral directing advisory board", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3402", "activeDate" : "2014-09-22", "sequenceNo" : 1505, "repealedDate" : null, "fromSection" : "3402", "toSection" : "3402", "text" : " § 3402. Funeral directing advisory board. 1. There shall be in the\\ndepartment a funeral directing advisory board consisting of ten members\\nwho shall be appointed by the commissioner of health of whom three shall\\nbe representatives of consumer interests, having no pecuniary interest,\\naffiliation or other association, direct or indirect, other than as\\nconsumers, with any business affecting the disposal or burial of\\ndeceased human beings, as the commissioner shall determine, six shall be\\nlicensed funeral directors, undertakers or embalmers in this state,\\nhaving been actually engaged in the practice of funeral directing,\\nundertaking or embalming, as the case may be, for at least five years\\nprior to appointment and one member shall be an officer, director or\\nemployee of a cemetery corporation. The term of each member of such\\nadvisory board shall be three years, or until a successor is appointed,\\nand vacancies shall be filled for the unexpired term only. The\\ncommissioner of health may remove any member of the board for\\nmisconduct, incompetence or neglect of duty after such member shall have\\nbeen given a written statement of the charges and an opportunity to be\\nheard thereon.\\n 2. The board shall elect annually from its members a chairman and\\nvice-chairman and for the purpose of transacting its business shall meet\\nat least once every three months. Special meetings also may be held as\\nfrequently as its business may require at the call of the chairman upon\\nthe request of a majority of the members of the board or as requested by\\nthe commissioner of health. Written notice of the time, place and\\npurpose of meetings shall be mailed by the secretary to all members at\\nleast ten days before the date of the meeting. A quorum of the board\\nshall consist of not less than six members.\\n 3. Members of the advisory board shall receive no compensation, but\\neach shall be entitled to receive his reasonable expenses actually and\\nnecessarily incurred in the performance of his duties.\\n 4. The commissioner shall designate an officer or employee of the\\ndepartment to act as secretary of the board, who shall not be a member\\nof the board and who shall not receive any additional compensation\\ntherefor.\\n 5. The commissioner shall request the advisory board to, and upon such\\nrequest the advisory board shall, or upon its initiative the advisory\\nboard may\\n (a) consider any matters relating to the practice of funeral\\ndirecting, undertaking or embalming, including any matter pertaining to\\nthe administration and enforcement of this article and advise the\\ncommissioner thereon;\\n (b) recommend to the commissioner the establishment of such laws as\\nmay be deemed necessary in respect to the practice of funeral directing;\\n (c) recommend to the commissioner the promulgation of rules and\\nregulations not inconsistent with law, as may be deemed necessary, and\\nthe amendment or repeal thereof;\\n (d) recommend to the commissioner the commencement of any\\ninvestigation into improper practices of licensees;\\n (e) report, within forty-five days after receipt, on any proposed\\nregulations, amendments thereto, or repeal thereof, prior to action\\nthereon by the commissioner;\\n (f) review the applications for registration of candidates for either\\npractical or academic training and make recommendations to the\\ncommissioner for the acceptance or rejection thereof.\\n (g) delegate one member of the board to attend any formal disciplinary\\nhearing and subsequent proceedings involving an alleged violation of\\nthis article. The board shall not delegate a member who practices\\nfuneral directing, embalming or undertaking in the same judicial\\ndistrict as an accused licensee.\\n 6. The advisory board shall have no executive, administrative or\\nappointive powers or duties.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3403", "title" : "Funeral directing; fees; fines; penalties; dispositions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3403", "activeDate" : "2014-09-22", "sequenceNo" : 1506, "repealedDate" : null, "fromSection" : "3403", "toSection" : "3403", "text" : " § 3403. Funeral directing; fees; fines; penalties; dispositions. 1.\\nAll fees, fines, penalties and other moneys derived from the operation\\nof this article or rules promulgated pursuant thereto shall be paid to\\nthe department and on the fifth day of each month shall be paid by the\\ndepartment to the state treasury.\\n 2. Moneys received pursuant to this article may be refunded to the\\napplicant on proof satisfactory to the commissioner that:\\n (a) such moneys were in excess of the amounts required by law;\\n (b) examination for which application has been made and for which fee\\nhas been paid was denied;\\n (c) the individual, corporation, or association which applied for\\nregistration or license has ceased business prior to commencement of the\\nperiod of such registration or license because of death, dissolution, or\\nremoval from the state.\\n 3. (a) All licensing and registration fees collected pursuant to this\\narticle shall be deposited into the miscellaneous special revenue fund -\\n339, the funeral directing program account, which is hereby established.\\n (b) Monies available in the funeral directing program account shall be\\nused to support the department's activities relating to ensuring\\ncompliance with the provisions of this chapter as they relate to the\\npractice of funeral directing.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3404", "title" : "Construction; inconsistent provisions of other laws", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3404", "activeDate" : "2014-09-22", "sequenceNo" : 1507, "repealedDate" : null, "fromSection" : "3404", "toSection" : "3404", "text" : " § 3404. Construction; inconsistent provisions of other laws. The\\nprovisions of this article shall supersede any inconsistent provisions\\nof any general, special, or local law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 5 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A34T2", "title" : "Licensing and Registration", "docType" : "TITLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2", "activeDate" : "2014-09-22", "sequenceNo" : 1508, "repealedDate" : null, "fromSection" : "3420", "toSection" : "3429", "text" : " TITLE II\\n LICENSING AND REGISTRATION\\nSection 3420. Funeral directing; license to practice required;\\n exceptions.\\n 3421. Funeral directing; requirements for license to practice.\\n 3422. Funeral directing; licensing examinations; content;\\n procedure.\\n 3423. Funeral directing; undertakers and embalmers;\\n requirements for license to practice; examinations.\\n 3424. Funeral directing; reports by trainees, employees and\\n schools.\\n 3425. Funeral directing; schools; approval.\\n 3426. Funeral directing; licensing reciprocity with other\\n states.\\n 3427. Funeral directing; issuance of duplicate licenses.\\n 3428. Funeral directing; registration of licenses; fees.\\n 3429. Continuing education for funeral directors.\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3420", "title" : "Funeral directing; license to practice required; exceptions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3420", "activeDate" : "2014-09-22", "sequenceNo" : 1509, "repealedDate" : null, "fromSection" : "3420", "toSection" : "3420", "text" : " § 3420. Funeral directing; license to practice required; exceptions.\\n1. No person shall engage in the business or practice of funeral\\ndirecting, undertaking, or embalming or transact or hold himself out as\\ntransacting or practicing or as being entitled to transact or practice\\nfuneral directing, undertaking or embalming in this state unless duly\\nlicensed according to law, and registered under the provisions of this\\narticle, except that nothing in this article contained shall prohibit\\nembalming:\\n (a) by commissioned medical officers in the armed forces of the United\\nStates or in the United States public health service while on active\\nduty in the respective service; or,\\n (b) by any one actually serving as a member of the resident medical\\nstaff of any legally incorporated hospital; or,\\n (c) by any person duly licensed to practice as a physician or surgeon\\nin this state.\\n 2. A person who holds a license as a funeral director, undertaker or\\nembalmer, as defined herein, and is registered as required herein, shall\\nbe entitled to practice as defined and limited by the provisions of the\\nlaw at the time the license was issued, except as otherwise provided by\\nthis article.\\n 3. Notwithstanding the foregoing provisions of this section, the\\ncommissioner may in his discretion enter into an agreement with another\\nstate of the United States or a province of the Dominion of Canada,\\npursuant to which agreement any person, duly licensed and registered as\\na funeral director, undertaker or the equivalent thereof by and in such\\nother state or province, may enter into this state for the sole purposes\\nof removing to such other state or province dead human bodies,\\nsupervising the delivery to or removal from a common carrier of such\\nbodies, or burying, cremating, or supervising funeral services over dead\\nhuman bodies brought from such other state or province as though such\\nperson were duly licensed and registered by and in this state except\\nthat such person shall not maintain an establishment, advertise or hold\\nhimself out directly or through any agent or agency or otherwise as a\\nfuneral director, undertaker or the equivalent thereof other than in the\\nstate or province in which he is registered and licensed.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3421", "title" : "Funeral directing; requirements for license to practice", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2022-12-16" ], "docLevelId" : "3421", "activeDate" : "2014-09-22", "sequenceNo" : 1510, "repealedDate" : null, "fromSection" : "3421", "toSection" : "3421", "text" : " § 3421. Funeral directing; requirements for license to practice. 1. In\\norder to be licensed, an applicant for licensure shall pass a funeral\\ndirecting examination prepared or approved by the department to\\ndetermine his knowledge and fitness therefor, as required by this\\narticle. No person shall be permitted to enter funeral director school,\\napply for a funeral directing examination or apply for a funeral\\ndirecting license without submitting to the department satisfactory\\nevidence of good moral character.\\n 2. Except as provided in subdivision three, the department shall admit\\nto examination any applicant who pays a fee of forty dollars and submits\\nevidence subscribed and affirmed as true under the penalties of perjury\\nand satisfactory to the department that the applicant:\\n (a) is a citizen of the United States or an alien lawfully admitted\\nfor permanent residence in the United States;\\n (b) has satisfactorily completed a course of collegiate level study in\\nfuneral service, the curriculum of which has been approved by the\\ndepartment, consisting of not less than ninety quarter credits or sixty\\nsemester credits in an institution or institutions approved by the\\ndepartment or an accrediting agency recognized by the department;\\n (c) has upon entering an approved institution as herein provided for\\nthe purpose of beginning his funeral service study, registered as a\\nstudent with the department upon a form to be provided by the\\ndepartment, and has paid to the department a registration fee of fifty\\ndollars.\\n 3. Delay in registering as a student as herein required may be\\nexcused, in the discretion of the commissioner.\\n 4. The department shall issue a license to practice funeral directing\\nto an applicant for such license on the basis of the following\\nprocedures:\\n (a) who shall have successfully passed the examination as herein\\nprovided in subdivision one of this section, and\\n (b) who pays a fee of one hundred twenty-five dollars, and\\n (c) who, after having passed such examination, serves a one year\\nperiod as a registered resident in a manner satisfactory to the\\ndepartment, and\\n (d) who, has passed a second examination after or during the serving\\nof a one year period as a registered resident. The said examination\\nshall be on the New York state laws, rules and regulations relating to\\nfuneral directing and shall be prepared or approved by the department of\\nhealth.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3422", "title" : "Funeral directing; licensing examinations; content; procedure", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2019-11-15", "2020-11-13", "2022-04-22", "2023-04-07" ], "docLevelId" : "3422", "activeDate" : "2014-09-22", "sequenceNo" : 1511, "repealedDate" : null, "fromSection" : "3422", "toSection" : "3422", "text" : " § 3422. Funeral directing; licensing examinations; content; procedure.\\n1. The commissioner shall determine the subjects of examination of\\napplicants for license to practice funeral directing, undertaking or\\nembalming, and the scope, content and character, of such examinations\\nwhich in any examination shall be the same for all candidates.\\n 2. Examinations shall be held twice in each year.\\n 3. A candidate who fails to attain a passing grade on his licensing\\nexamination is entitled to a maximum of three re-examinations; provided,\\nhowever, that if such candidate fails to attain a passing grade within\\nthree years after completion of his training, he must requalify in\\naccordance with the provisions of the public health law and rules and\\nregulations promulgated thereunder existing and in force as of the date\\nof subsequent application for licensing examination, except that a\\nsatisfactorily completed required course of study need not be\\nrecompleted. A candidate inducted into the armed forces of the United\\nStates during or after completion of training may after honorable\\ndischarge and upon proper application as required by the department be\\neligible for an exemption with respect to time served in such service.\\n 4. Following the close of every written examination prepared and\\nadministered by the department the questions submitted and the answers\\nmade thereto by the applicant together with a record stating in detail\\nthe result of the examination for each candidate shall be kept by the\\ndepartment for a period of one year. These may be destroyed at the end\\nof such period.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3423", "title" : "Funeral directing; undertakers and embalmers; requirements for license to practice; examinations", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3423", "activeDate" : "2014-09-22", "sequenceNo" : 1512, "repealedDate" : null, "fromSection" : "3423", "toSection" : "3423", "text" : " § 3423. Funeral directing; undertakers and embalmers; requirements for\\nlicense to practice; examinations. 1. The department shall continue to\\nhold re-examinations as may be necessary, as provided by former article\\nfourteen of the public health law, as amended, and the rules and\\nregulations promulgated thereunder for applicants who have prior to July\\nfirst, nineteen hundred fifty-one, taken and failed to pass an\\nexamination for undertaker or embalmer license until December\\nthirty-first, nineteen hundred sixty-three.\\n 2. The department shall admit to such re-examinations any applicant\\nwho pays a fee of five dollars, is registered as a trainee with the\\ndepartment and is otherwise qualified in accordance with former article\\nfourteen of the public health law as amended.\\n 3. The department shall issue an undertaker or embalmer license to\\nthose who, upon payment of a fee of ten dollars, qualify in accordance\\nwith the provisions of this section, and who pass such re-examination.\\n 4. An undertaker or embalmer license shall entitle the holders thereof\\nto practice undertaking or embalming, respectively.\\n 5. Any person who was a duly registered trainee on April first,\\nnineteen hundred forty-five, and, was in the armed forces of the United\\nStates on April first, nineteen hundred forty-five, and whose training\\nand experience shall have been interrupted by his service in the armed\\nforces of the United States, shall be permitted to resume his training\\nand experience at any time within one year after the date of his\\ndischarge from active service. The department shall continue to hold\\nexaminations for such candidates for undertaking and embalmer licenses\\nand to issue such licenses as herein provided.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3424", "title" : "Funeral directing; reports by trainees, employees and schools", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3424", "activeDate" : "2014-09-22", "sequenceNo" : 1513, "repealedDate" : null, "fromSection" : "3424", "toSection" : "3424", "text" : " § 3424. Funeral directing; reports by trainees, employees and schools.\\n1. Each trainee and the employer and funeral director school shall:\\n (a) maintain and file such periodic records and reports as the\\ndepartment shall require; and\\n (b) notify the department promptly of any change in school\\nregistration or change of employment.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3425", "title" : "Funeral directing; schools; approval", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3425", "activeDate" : "2014-09-22", "sequenceNo" : 1514, "repealedDate" : null, "fromSection" : "3425", "toSection" : "3425", "text" : " § 3425. Funeral directing; schools; approval. 1. Any school for\\nfuneral directors may apply to the commissioner for the issuance of a\\ncertificate of approval as maintaining a satisfactory standard, so that\\nstudents desiring to engage in the business or practice of funeral\\ndirecting in the state of New York may receive credit for attendance at\\nsuch school.\\n 2. Such application shall be made upon a form prescribed and furnished\\nby the commissioner which shall contain such information as the\\ncommissioner may require.\\n 3. (a) The commissioner shall cause to be made such investigation and\\ninspection of such school as he may deem necessary, and thereafter the\\ndepartment shall issue a certificate of approval to each school for\\nfuneral directors approved by the department as maintaining a\\nsatisfactory standard.\\n (b) A certificate of approval issued under this section shall be valid\\nfor one year.\\n 4. (a) A school for funeral directors located outside the state of New\\nYork shall pay the traveling and other expenses incurred by\\nrepresentatives of the department in making such investigation and\\ninspection as the commissioner may prescribe.\\n (b) Each certificate of approval may be renewed for additional periods\\nof one year.\\n 5. The commissioner may, in lieu of the foregoing approval procedures,\\naccept the certification of accreditation issued by an accrediting\\norganization recognized by the department of health.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3426", "title" : "Funeral directing; licensing reciprocity with other states", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3426", "activeDate" : "2014-09-22", "sequenceNo" : 1515, "repealedDate" : null, "fromSection" : "3426", "toSection" : "3426", "text" : " § 3426. Funeral directing; licensing reciprocity with other states.\\nThe commissioner, in his or her discretion, and otherwise subject to the\\nprovisions of this article and the rules of the department promulgated\\nthereunder prescribing the qualifications for funeral director license,\\nmay endorse, without examination, a funeral director license issued by\\nthe proper authorities of any other state or political subdivision of\\nthe United States, upon payment of a fee of three hundred dollars, and\\nupon submission of evidence satisfactory to the commissioner:\\n (a) that such other state or political subdivision of the United\\nStates maintains a system and standard of qualification and examination\\nfor funeral director license, which is substantially equivalent to those\\nrequired in this state; and,\\n (b) that such other state or political subdivision of the United\\nStates gives similar recognition and endorsement to licenses of this\\nstate; and,\\n (c) that the applicant for such endorsement, since receiving his\\nlicense from such other state or political subdivision of the United\\nStates, has been engaged in the practice of funeral directing for three\\nyears or more in one or more of the states or political subdivisions of\\nthe United States; and,\\n (d) that such applicant for endorsement is actually engaged in the\\npractice of funeral directing at the time of application for endorsement\\nand is in good and regular standing as a funeral director in each state\\nor political subdivision of the United States from which he has ever\\nreceived a funeral director license.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3427", "title" : "Funeral directing; issuance of duplicate licenses", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3427", "activeDate" : "2014-09-22", "sequenceNo" : 1516, "repealedDate" : null, "fromSection" : "3427", "toSection" : "3427", "text" : " § 3427. Funeral directing; issuance of duplicate licenses. Upon\\nreceipt of satisfactory evidence that a license or certificate has been\\nlost, mutilated or destroyed, the department may issue a duplicate\\nlicense or certificate upon such terms and conditions as the\\ncommissioner shall prescribe, and upon payment of a fee of twenty\\ndollars.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3428", "title" : "Funeral directing; registration of licenses; fees", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3428", "activeDate" : "2014-09-22", "sequenceNo" : 1517, "repealedDate" : null, "fromSection" : "3428", "toSection" : "3428", "text" : " § 3428. Funeral directing; registration of licenses; fees. 1. (a)\\nEvery person who, within the state, practices as a funeral director,\\nundertaker or embalmer and every person, partnership or corporation who\\nor which owns or operates within the state a funeral firm as herein\\ndefined shall biennially apply to the department for an appropriate\\ncertificate of registration and report, in a statement subscribed and\\naffirmed as true under the penalties of perjury, any facts requested by\\nthe department.\\n (b) Such report by a corporation also shall set forth the name,\\nresidence address and title of each of its officers and directors and\\nthe name and residence address of each stockholder and other person,\\nfirm and corporation having a ten per centum or greater proprietary,\\nbeneficial, equitable or credit interest therein.\\n (c) Every such report also shall contain a statement as to whether the\\napplicant and, if a partnership, any partner and, if a corporation, any\\nof the officers, directors, stockholders or other persons, firms or\\ncorporations required to be listed therein had been convicted of a crime\\nin the two year period immediately preceding the date of such\\napplication. Such statement shall identify such crime and the\\njurisdiction involved and the disposition of the charge.\\n (d) Every such report shall contain a statement as to whether the\\napplicant and, if a partnership, any partner and, if a corporation, any\\nof the officers, directors, stockholders or other persons, firms or\\ncorporations required to be listed therein, or any funeral firm with\\nwhich such applicant, partner, officer, director, stockholder, person,\\nfirm or corporation has been affiliated, has been found in violation of\\nthe provisions of this article or any statute, rule or regulation\\nrelating to funeral directing. Such statement shall identify such\\nstatute, rule or regulation and the disposition of any proceeding\\nthereon.\\n (e) In addition to such report, every person, partnership or\\ncorporation herein required to apply for a certificate shall without\\ndelay inform the department by written statement of his conviction, or\\nof the conviction of any member of the partnership, or, if a\\ncorporation, of the conviction of any of its officers, directors,\\nstockholders or other persons, firms or corporations required to be\\nreported as provided by paragraph (b) of this subdivision.\\n (f) In addition to any report required pursuant to this section, every\\nperson, partnership or corporation herein required to apply for a\\ncertificate of registration pursuant to this article shall provide\\nnotice to the department of the proposed: (i) sale or transfer of all or\\nsubstantially all of the assets of a funeral firm, (ii) the sale or\\ntransfer of a controlling interest of such funeral firm, or (iii) the\\ntermination of the business of such funeral firm where there is no\\ntransferee of assets or stock. For purposes of this section, the term\\n\"controlling interest\" shall mean a fifty-one percent interest in a\\npartnership or fifty-one percent of the issued and outstanding shares of\\nstock of a corporation. In the case of subparagraphs (i) and (ii) of\\nthis paragraph, such notice to the department shall identify the\\ntransferee or transferees of the assets or controlling interest and\\ncontain a listing of the names and addresses of the persons who\\ndeposited moneys with the funeral firm pursuant to section four hundred\\nfifty-three of the general business law, and the amount to be\\ntransferred to the transferee or transferees. In the case of the\\ntermination, cessation of operation or discontinuation of the firm where\\nthere is no transferee, such notice shall contain a listing of the names\\nand addresses of the persons who deposited funds with the funeral firm,\\nthe amount held in trust by such funeral firm and the proposed\\ndisposition of the moneys so held by such funeral firm. All such notices\\nshall be provided to the department not less than ten days after the\\nsale or transfer of such funeral firm or not less than thirty days prior\\nto the termination, cessation of operation or discontinuation of the\\nbusiness of such funeral firm.\\n 2. (a) An undertaker or embalmer shall pay to the department a\\nbiennial registration fee of sixty-two dollars and fifty cents.\\n (b) A funeral director shall pay a biennial registration fee of one\\nhundred twenty-five dollars; however, initial registration shall not\\nrequire such fee.\\n (c) Only a registered funeral firm may operate, or engage in the\\nbusiness and practice of funeral directing. Said business and practice\\nmust be conducted from an approved funeral establishment. In the event a\\nfuneral firm conducts its business from more than one funeral\\nestablishment, the firm must be registered from each such establishment.\\nIn the event more than one firm conducts its business from the same\\nfuneral establishment, each firm must be registered from the\\nestablishment and have an individual manager representing that firm at\\nthat establishment. The initial registration fee for each required\\nregistration is four hundred dollars for the period ending with the then\\ncurrent biennial registration period, and the biennial registration fee\\nthereafter is three hundred dollars.\\n (d) The owner of a funeral firm shall pay a registration fee of one\\nhundred dollars for the amendment of a certificate of registration to\\nindicate a change of location, change of manager or change in firm name\\nthereof.\\n (e) For failure to register, an additional fee of ten dollars for each\\ndelay of thirty days or part thereof beyond the first day of the\\nbiennial registration period shall be added to the regular fee. The\\ncommissioner may, for good cause shown, waive or compromise all or any\\npart of this additional fee.\\n 3. (a) Upon verification of the statements thus reported and the\\nreceipt of the requisite fee, the commissioner shall issue a certificate\\nof registration; except that, in those instances where a conviction\\nshall have been reported as herein required, or upon other proof\\nthereof, and in the case of a funeral firm where an applicant or, if a\\npartnership, any partner or, if a corporation, any of its officers,\\ndirectors, stockholders or other persons, firms or corporation required\\nto be reported as provided by paragraph (b) of subdivision one of this\\nsection, or any funeral firm with which such applicant, partner,\\nofficer, director, stockholder, person, firm or corporation has been\\naffiliated, has committed repeated violations of the provisions of this\\narticle or any statute, rule or regulation relating to funeral\\ndirecting, or has committed a significant violation, as defined by the\\ncommissioner pursuant to rule and regulation, of the provisions of this\\narticle or any statute, rule or regulation relating to funeral\\ndirecting, the commissioner may deny an application for a certificate.\\n (b) The commissioner shall afford the applicant an opportunity to be\\nheard at a hearing, on due notice, conducted in accordance with the\\nprovisions of this chapter, prior to the issuance of any order or\\ndetermination denying such application.\\n 4. The commissioner shall establish by rule and regulation the\\nbeginning date of the biennial registration period. In the event that a\\nchange in the established beginning date of the biennial registration\\nperiod requires an adjustment in the duration of a registration period,\\nthere shall be a proportionate adjustment in the prescribed fee.\\n 5. Each licensee who applies for registration as a funeral director,\\nundertaker or embalmer during the second year of a biennial registration\\nperiod shall pay a fee of twenty-five dollars for funeral director\\nregistration or twelve dollars and fifty cents for undertaker\\nregistration, and twelve dollars and fifty cents for embalmer\\nregistration. However, initial registration for funeral directors shall\\nnot require such fee.\\n 6. If any funeral director, undertaker or embalmer continues to\\npractice, or any owner continues to operate a funeral firm, without\\nregistration, as herein provided, his license or business registration\\nmay be suspended or revoked by the department in accordance with the\\nprovisions of this article.\\n 7. A funeral director, undertaker or embalmer who has been heretofore\\nduly licensed and registered to practice in this state whose license\\nshall not have been revoked or suspended, and who either before or after\\nregistration as required by this section shall have temporarily\\nabandoned the practice of funeral directing, undertaking or embalming,\\nor shall have removed from the state, may register within the state upon\\ncomplying with the provisions of this section for registration, and\\nalso, filing with the department a statement of such facts subscribed\\nand affirmed by him as true under the penalties of perjury.\\n 8. Every funeral director, undertaker or embalmer shall communicate\\nwith the department in the event that the application blank for\\nregistration fails to reach them.\\n 9. A funeral director, undertaker or embalmer who has been heretofore\\nduly licensed and registered to practice in this state whose license\\nshall not have been revoked or suspended and who no longer practices\\nfuneral directing, may apply for an inactive certificate of\\nregistration. The fee for an inactive certificate of registration shall\\nbe the same amount as the regular certificate of registration. Upon\\ncomplying with the provisions of this section and section three thousand\\nfour hundred twenty-nine of this title for registration, a regular\\ncertificate of registration shall be reinstated. An inactive registrant\\nshall be considered duly licensed and registered solely for the purposes\\nof section three thousand four hundred forty-three of this article,\\nprovided, however, that any such registrant using his or her name in any\\nadvertising or promotional materials shall disclose their inactive\\nstatus in such materials.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3429", "title" : "Continuing education for funeral directors", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3429", "activeDate" : "2014-09-22", "sequenceNo" : 1518, "repealedDate" : null, "fromSection" : "3429", "toSection" : "3429", "text" : " § 3429. Continuing education for funeral directors. 1. Definitions. As\\nused in this section:\\n (a) \"Biennium\" means any two-year period for registration of\\nindividuals licensed to practice funeral directing or embalming in this\\nstate pursuant to section three thousand four hundred twenty-eight of\\nthis title;\\n (b) \"Continuing education\" means a course of instruction in a field of\\nfuneral directing, within the subjects listed in subdivision five of\\nthis section, taught by a provider registered with the department under\\nsubdivision four of this section;\\n (c) \"Contact hour\" means a period of between fifty and sixty minutes,\\ncontinuously measured;\\n (d) \"Provider\" means a national, state or local trade association of\\nfuneral directors, a school for funeral directors approved under section\\nthree thousand four hundred twenty-five of this title or, with prior or\\nprovisional approval of course content by the department under\\nsubdivision four of this section, any other person or organization\\ndesiring to offer continuing education;\\n (e) \"Trade association\" means an organization, whether incorporated or\\nnot, whose primary class of members consists of ten or more firms under\\nseparate ownerships or twenty individuals in different employment, all\\nregistered under section three thousand four hundred twenty-eight of\\nthis title in an aspect of funeral service, which has been organized and\\nmaintained for at least two years prior to offering continuing education\\nunder this section for the collective benefit of its members.\\n 2. Requirement. (a) Every person who renews a certificate of\\nregistration under section three thousand four hundred twenty-eight of\\nthis title shall file with the department, along with his or her\\nbiennial application for renewal, a certification attesting to the\\ncourse or programs of instruction taken and successfully completed by\\nsuch person and which clearly demonstrates that the person has completed\\nthe minimum number of hours of continuing education within the current\\nbiennium as set forth in subdivision three of this section.\\n (b) The department shall provide a certification form which shall\\nrequire the following information:\\n (i) Applicant's full name and registration number;\\n (ii) Applicant's statement that he or she attended a specified number\\nof hours of continuing education within the current biennium, consisting\\nof courses identified by sponsor, date, location, and length of time in\\nhours; and\\n (iii) Applicant's signature and date.\\n (c) This subdivision shall not apply to a funeral director, undertaker\\nor embalmer who is an inactive registrant pursuant to subdivision nine\\nof section three thousand four hundred twenty-eight of this title.\\n 3. Minimum hours. The minimum hours of continuing education which an\\nindividual renewing registration must complete are:\\n (a) to renew for the first biennium commencing on June thirtieth, two\\nthousand two, six hours within the current biennium concluding on such\\ndate.\\n (b) to renew for all subsequent biennia, twelve hours within each\\nbiennium, including at least two hours relating to applicable New York\\nstate laws and regulations affecting funeral directing, embalming and\\npreneed services, which may be provided by the department or a provider\\nregistered pursuant to the provisions of subdivision four of this\\nsection.\\n 4. Provider registration; course content approval. (a) Any person who\\nis a provider and who desires to offer continuing education shall first\\nregister with the department and pay a registration fee of one hundred\\nfifty dollars for the first biennium. A provider once registered may\\nrenew the registration for subsequent biennia for a fee of seventy-five\\ndollars per biennium. The provider shall submit with its registration\\nfee an affidavit which includes the following information and\\nstatements:\\n (i) Provider's name, address, telephone number, and, when known, names\\nof individual instructors;\\n (ii) Provider's agreement to accept periodic monitoring of its courses\\nby the department;\\n (iii) Provider's certification that the contents of each course are\\nwithin the scope of subdivision five of this section;\\n (iv) Provider's commitment to verify attendance at each course and to\\nmaintain attendance records for department inspection for five years;\\n (v) Provider's commitment to establish a mechanism whereby licensees\\nmay evaluate the quality and content of each course taken as well as the\\nprovider's overall program when requested to do so by the department,\\nand to maintain records of such evaluations for department inspection\\nfor five years;\\n (vi) Provider's agreement to submit to the department such evidence as\\nis necessary to establish compliance with this section;\\n (vii) Provider's acknowledgment that disapproval by the department of\\na particular course or revocation of the provider's registration may\\nresult in nonrecognition of hours of continuing education from that\\nprovider; and\\n (viii) Provider's signature and date and verification by a notary\\npublic.\\n (b) A registered provider which is required to obtain prior approval\\nof courses shall submit to the department a written description of each\\ncourse for which approval is requested, at least sixty days prior to the\\nfirst date the course is to be offered. If the department does not\\ndisapprove the proposed course within ninety days of its receipt of the\\nwritten description and request for approval, the course shall be\\nconsidered approved provisionally for six months. Following the six\\nmonths of provisional approval, the department may make a final\\ndetermination disapproving the course. Notwithstanding such\\ndetermination, however, any individuals licensed pursuant to section\\nthree thousand four hundred twenty-eight of this title shall receive\\nfull continuing education credit for any course taken during the period\\nof provisional approval to fulfill the requirements of this section.\\n (c) Any provider registered to offer continuing education under this\\nsection shall require each person taking instruction to display or\\nprovide, prior to admission or before the initiation of any such\\ninstruction, personal photo identification in the form of an automobile\\ndriver's license, passport or any other similar form of photo\\nidentification issued by a governmental entity, or a trade association\\nas defined in this section. The provider may allow the use of a\\nphotocopy of such identification for computer-based or distance learning\\ninstruction.\\n (d) The department may impose a fine of no less than the biennial\\nregistration fee upon a provider who violates the provisions of this\\nsection. For a second violation, the department may impose an additional\\nfine of up to five hundred dollars and suspend the registration for the\\nbalance of the biennium. Nothing herein shall prevent the attorney\\ngeneral from bringing a civil action against any provider offering\\ncontinuing education courses without the prior or provisional approval\\nof the department.\\n (e) Registered provider status may be revoked by the department if the\\nreporting requirements contained in this section are not met or, if upon\\nreview of the provider's performance, the department determines that the\\ncontent of the course materials, the quality of the continuing education\\nactivities or the provider's performance does not meet the requirements\\nset forth herein. In such event, the department shall send the provider\\nby ordinary mail a notice of revocation. The revocation shall take\\neffect no less than sixty days from the date such mailed revocation is\\npostmarked. The provider may request a review of such revocation, and\\nthe department shall determine the request within thirty days. The\\ndecision of the department shall be final after such review.\\n (f) Section twelve of this chapter shall not apply to this section;\\nprovided, however, that any action by the department in suspending or\\nrevoking a provider registration in accordance with this subdivision\\nshall be reviewable by the supreme court of the state of New York\\npursuant to the provisions of article seventy-eight of the civil\\npractice law and rules.\\n 5. Subjects of continuing education. The subjects of continuing\\neducation may be one or more of the following: aftercare, business\\nadministration, religion, natural sciences, management services, data\\nprocessing, organ procurement, preneed services, jurisprudence (federal,\\nstate, and local), restorative arts and embalming, funeral service\\ncounseling, funeral customs, sanitation and infection control, and\\nhospice and similar outreach programs.\\n 6. Credit for preparation. A licensed funeral director may earn up to\\ntwo hours of continuing education credit for preparing an hour of\\ncontinuing education that he or she then teaches, and may earn the hour\\nsolely for teaching that material the first time. No one may earn more\\nthan six hours per biennium for preparation and teaching.\\n 7. Classroom time; minimum percentage. A funeral director shall take\\nat least fifty percent of his continuing education requirement each\\nbiennium in the form of receiving live classroom instruction. The\\nremainder may be in other forms such as videotape, audiotape,\\nteleconference, satellite seminars, internet coursework, credits for\\npreparation, or correspondence coursework.\\n 8. Licensees in other states. A funeral director licensed as such by\\nthe state of New York who is maintaining his or her registration in this\\nstate while residing in another state is subject to the requirements of\\nthis section. The department may grant a non-resident licensee credit\\nfor continuing education as required by the state in which such licensee\\nresides, provided the department deems them equivalent to New York\\ncontinuing education requirements as set forth herein.\\n 9. Late filing; fines; grace period. (a) The department shall impose a\\nfine equal to the biennial registration fee upon a registrant who fails\\nto file the certification of continuing education within the time\\nprescribed under subdivision two of this section, for the first such\\nlate filing. The department shall also allow such a registrant a grace\\nperiod of one hundred twenty days into the biennium to comply with this\\nsection and to file the certification. After one hundred twenty days,\\nthe department shall suspend the registration for the balance of the\\nbiennium.\\n (b) A registrant who violates the filing requirements and deadlines of\\nthis section a second time shall, upon that and any subsequent\\nviolations, be subject to an additional fine of no more than five\\nhundred dollars and suspension as the department may impose.\\n (c) A person who holds an inactive certificate of registration who\\nwishes to reinstate an active registration shall complete twelve hours\\nof continuing education prior to obtaining such active registration.\\n (d) A person whose registration has been suspended by the department\\nfor violating the filing requirements contained in this subdivision and\\nwho wishes to gain reinstatement of such registration shall complete\\ntwelve hours of continuing education and pay a reinstatement fee of two\\nhundred fifty dollars to the department prior to obtaining reinstatement\\nof such registration.\\n (e) With respect to paragraphs (a) and (b) of this subdivision, the\\ndepartment shall send the registrant by ordinary mail a notice of\\nsuspension. The suspension shall take effect no less than sixty days\\nfrom the date such mailed suspension is postmarked.\\n 10. Funeral directors shall be exempt from the mandatory continuing\\neducation requirements prescribed herein for the biennium during which\\nthey are first licensed.\\n 11. Enforcement. (a) The department may not renew the registration of\\na licensed funeral director who has not complied with this section.\\n (b) The department may audit at random the certifications of licensees\\nand the affidavits of providers, and may suspend or revoke the\\nregistration and/or license of a person who has knowingly made a false\\nstatement under oath.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 10 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A34T3", "title" : "Practice of Funeral Directing; Funeral Establishments", "docType" : "TITLE", "publishedDates" : [ "2014-09-22", "2016-07-29" ], "docLevelId" : "3", "activeDate" : "2016-07-29", "sequenceNo" : 1519, "repealedDate" : null, "fromSection" : "3440", "toSection" : "3444", "text" : " TITLE III\\n PRACTICE OF FUNERAL DIRECTING; FUNERAL ESTABLISHMENTS\\nSection 3440. Funeral directors; duty to use prescribed tests of\\n death.\\n 3440-a. Statement to be furnished by certain licensed persons,\\n funeral directors and funeral firms when funeral\\n arrangements are made.\\n 3441. Funeral firms; operation by licensed persons.\\n 3441-a. Funeral arrangements; use of flag.\\n 3442. Funeral directing; reports relating to moneys paid in\\n connection with agreements for funeral merchandise or\\n services in advance of need.\\n 3443. Funeral directing; use of names; unlicensed persons\\n prohibited.\\n 3444. Food service in funeral establishments.\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3440", "title" : "Funeral directors; duty to use prescribed tests of death", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3440", "activeDate" : "2014-09-22", "sequenceNo" : 1520, "repealedDate" : null, "fromSection" : "3440", "toSection" : "3440", "text" : " § 3440. Funeral directors; duty to use prescribed tests of death.\\nBefore removing the body of a deceased person from the place of death or\\npreparing it for burial by injection of fluid or otherwise, every\\nfuneral director, undertaker or embalmer shall apply such tests as are\\nprescribed by the commissioner for determining whether life is extinct.\\nIf the body is not to be embalmed the same tests shall be made before it\\nis prepared for burial.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3440-A", "title" : "Statement to be furnished by certain licensed persons, funeral directors and funeral firms when funeral arrangements are made", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3440-A", "activeDate" : "2014-09-22", "sequenceNo" : 1521, "repealedDate" : null, "fromSection" : "3440-A", "toSection" : "3440-A", "text" : " § 3440-a. Statement to be furnished by certain licensed persons,\\nfuneral directors and funeral firms when funeral arrangements are made.\\nEvery person licensed pursuant to this article, including funeral\\ndirectors and funeral firms, shall furnish at the time funeral\\narrangements are made for the care and disposition of the body of a\\ndeceased person, a written statement showing thereon the price of the\\nfuneral, which shall include an itemized list of the services and\\nmerchandise to be furnished for such price and a statement of the cash\\nadvances and expenditures to be advanced.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3441", "title" : "Funeral firms; operation by licensed persons", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3441", "activeDate" : "2014-09-22", "sequenceNo" : 1522, "repealedDate" : null, "fromSection" : "3441", "toSection" : "3441", "text" : " § 3441. Funeral firms; operation by licensed persons. 1. No funeral\\nfirm shall be operated within the state unless:\\n (a) if the owner is an individual, he shall be a duly licensed funeral\\ndirector or undertaker; if the owner is a partnership organized at any\\ntime after the seventh day of April in the year nineteen hundred\\nforty-four and first registered with the department after that date all\\npartners shall be duly licensed funeral directors or undertakers; if the\\nowner is a corporation, or is a partnership organized and registered\\nwith the department before the seventh day of April in the year nineteen\\nhundred forty-four and having any unlicensed partners, or is the legal\\nrepresentative of a deceased funeral director or undertaker, the manager\\nregistered with the department shall be a duly licensed funeral director\\nor undertaker;\\n (b) the owner shall biennially register with the department in\\naccordance with the provisions of this article;\\n (c) the certificate of registration issued by the department to a\\nfuneral firm shall be conspicuously displayed at the funeral\\nestablishment for which the registration was issued;\\n (d) the license of the registered manager of a registered firm, shall\\nbe conspicuously displayed at the establishment for which the firm\\nregistration was issued;\\n (e) it shall be under the immediate and personal supervision,\\ndirection, management, and control of a licensed funeral director or\\nundertaker, registered with the department, who shall not serve as the\\nmanager at more than one funeral establishment for more than one firm;\\n (f) all funeral directing, undertaking, and embalming shall be under\\nthe immediate and personal supervision, direction, management, and\\ncontrol of a duly licensed funeral director, undertaker and embalmer,\\nrespectively; and,\\n (g) the operation thereof and the maintenance of the establishment\\nshall conform to the rules and regulations of the department.\\n 2. A license or registration certificate granted or issued by the\\ndepartment shall not be assignable or transferable.\\n 3. No funeral firm shall be operated or located on real property\\nowned, leased or under the control of a cemetery corporation, a family\\ncemetery corporation or a private cemetery corporation; or on real\\nproperty dedicated for cemetery purposes or land adjacent thereto, which\\nis owned, leased or under the control of a religious corporation,\\ncounty, town, village or municipal corporation.\\n 4. No funeral firm shall engage in the sale or cross-marketing of\\ngoods or services with any cemetery corporation. Such prohibition shall\\napply to any financial relationship and co-management between a funeral\\nfirm and cemetery corporation. For the purposes of this subdivision,\\n\"cross-marketing\" shall include, but not be limited to, solicitation,\\nprovider discounts (except as authorized by the regulations of the\\ncommissioner), or carrying on business or affairs between a funeral firm\\nand cemetery corporation.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3441-A", "title" : "Funeral arrangements; use of flag", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3441-A", "activeDate" : "2014-09-22", "sequenceNo" : 1523, "repealedDate" : null, "fromSection" : "3441-A", "toSection" : "3441-A", "text" : " § 3441-a. Funeral arrangements; use of flag. Upon the request of the\\nperson responsible for the payment for funeral arrangements made for the\\ncare and disposition of the body of a deceased veteran, eligible under\\nfederal law or regulations or section two hundred fifty-a of the\\nmilitary law for the use of a United States flag for burial purposes,\\nevery person licensed pursuant to this article, including funeral\\ndirectors and funeral firms, shall furnish a United States flag for the\\ncovering of the casket at the time of the funeral free of charge. Notice\\nof the availability of such flag shall be given at the time the itemized\\nlist of services is furnished.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3442", "title" : "Funeral directing; reports relating to moneys paid in connection with agreements for funeral merchandise or services in advance of need", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3442", "activeDate" : "2014-09-22", "sequenceNo" : 1524, "repealedDate" : null, "fromSection" : "3442", "toSection" : "3442", "text" : " § 3442. Funeral directing; reports relating to moneys paid in\\nconnection with agreements for funeral merchandise or services in\\nadvance of need. 1. Every person licensed pursuant to this article,\\nincluding funeral directors and funeral firms, receiving moneys in\\nconnection with agreements to furnish merchandise or services in\\nconnection with a funeral or burial, wherein the merchandise is not to\\nbe delivered or the personal services rendered until the occurrence of\\nthe death of the person for whose funeral or burial such merchandise or\\nservices are to be furnished, shall comply with the provisions of\\nsection four hundred fifty-three of the general business law, furnish a\\npreneed statement to the person making such payment describing such\\nservices and merchandise offered on a form prescribed by the\\ncommissioner and shall maintain current records of the persons making\\nsuch payments or receiving such merchandise or services or having been\\nrepaid moneys and shall maintain true copies of such agreements. Such\\nrecords and true copies of agreements shall be made available for\\ninspection and shall be made available during ordinary business hours\\nfor copying upon written request by the commissioner or his or her\\nrepresentative in connection with any investigation pursuant to this\\narticle. Copies shall only be requested where the department has\\nreceived a complaint, either oral or written, or where the department\\ninspector has grounds to believe that serious or repeat violations of\\nthis section have occurred.\\n 2. Only a funeral firm having a valid registration issued pursuant to\\nparagraph (c) of subdivision two of section thirty-four hundred\\ntwenty-eight of this article or their duly authorized agent, may receive\\nand hold moneys in trust which have been paid in connection with an\\nagreement as described in subdivision one of this section.\\n 3. (a) Upon the sale or other transfer of any funeral firm, or the\\ntransfer of control over such moneys, both the new owner and former\\nowner or the estate of the former owner, or both the persons currently\\nand formerly having control over such moneys, shall within thirty days\\nof such sale or transfer, notify, in writing, each such person who has\\npaid moneys of the sale or transfer, including the name and address of\\nthe new and former owner. Compliance with the requirements of this\\nsubdivision shall constitute compliance with the same notification\\nrequirements found in subdivision five of section four hundred\\nfifty-three of the general business law. Copies of such notifications\\nshall be available for inspection and shall be made available during\\nordinary business hours for copying upon written request by the\\ncommissioner or his or her representative in connection with any\\ninvestigation pursuant to this article.\\n (b) Upon the sale or other transfer of any funeral firm having\\nreceived moneys in connection with any agreement described in\\nsubdivision one of this section or upon any transfer of control over\\nsuch moneys, the transferee shall be liable for compliance with all\\nprovisions of this section and section four hundred fifty-three of the\\ngeneral business law, including the repayment of any moneys and\\nprovision of funeral merchandise and services, if the transferor or a\\ntransferor's predecessor in interest was liable for compliance with the\\nrequirements of this section and section four hundred fifty-three of the\\ngeneral business law. Such liability shall attach whether or not the\\nsuccessor in interest has, upon conveyance of such funeral firm,\\nreceived such moneys or has knowledge of the existence of any agreements\\ndescribed herein. Such liability shall attach where there is proof of a\\nvalid agreement for providing funeral merchandise and services, and the\\nfuneral firm, funeral director or undertaker has not refunded the moneys\\nreceived from the customer.\\n (c) Upon the sale or other transfer of any funeral firm having\\nreceived such moneys, or upon a transfer of control of such moneys, the\\ntransferor shall disclose a complete accounting of all moneys\\ntransferred pursuant to such agreement to the transferee, including the\\nnames and addresses of all persons who deposited moneys with such\\nfuneral firm, the amount and location of such moneys, the names and\\naddresses of persons who have received refunds and the amount of such\\nrefund.\\n (d) Upon the termination, cessation of operation or discontinuation of\\nany funeral firm, or a successor in interest which has received moneys\\nin connection with any agreement described in subdivision one of this\\nsection or is otherwise liable for compliance with the requirements of\\nthis section or section four hundred fifty-three of the general business\\nlaw, such funeral firm or successor shall, within thirty days of such\\ntermination, cessation of operation or discontinuation, repay all such\\nmoneys and accrued interest as if a demand had been made therefor.\\n 4. Records required by this section to be maintained and true copies\\nof agreements shall be retained for four years following the provisions\\nof funeral merchandise and services. In the event the funds are returned\\nto the person who deposited the money or their representative, such\\nrecords, including the record of return of funds shall be retained for a\\nperiod of four years after the sale, transfer, termination, cessation of\\noperation or discontinuance of the funeral firm.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3443", "title" : "Funeral directing; use of names; unlicensed persons prohibited", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3443", "activeDate" : "2014-09-22", "sequenceNo" : 1525, "repealedDate" : null, "fromSection" : "3443", "toSection" : "3443", "text" : " § 3443. Funeral directing; use of names; unlicensed persons\\nprohibited. 1. The name of any living person who has not been duly\\nlicensed and is not duly registered as specified in this article shall\\nnot be\\n (a) shown or displayed upon or in any funeral establishment; or,\\n (b) used alone, in, as part of, or in connection, association,\\ncombination, or together with the name or title of any person, firm,\\ncorporation or other form of enterprise engaged in funeral directing,\\nundertaking, or embalming or maintaining a mortuary, funeral home or\\nother similar establishment or using in connection with such name and\\npractice, the words funeral director, mortician, undertaker, embalmer,\\nor any other title or words of similar meaning or import on any card,\\nsign, stationery, or other printed, engraved or written instrument or\\ndevice or in any public or private announcement or advertisement; or,\\n (c) used in any manner as to give or tend to give the impression that\\nsuch person is licensed or practicing or entitled to practice as a\\nfuneral director, undertaker, or embalmer.\\n 2. A person who holds a license as a funeral director or undertaker\\nand is registered as required herein may hold himself out and advertise\\nas a funeral director, undertaker, or mortician.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3444", "title" : "Food service in funeral establishments", "docType" : "SECTION", "publishedDates" : [ "2016-07-29", "2017-01-20" ], "docLevelId" : "3444", "activeDate" : "2017-01-20", "sequenceNo" : 1526, "repealedDate" : null, "fromSection" : "3444", "toSection" : "3444", "text" : " § 3444. Food service in funeral establishments. (a) A funeral\\nestablishment may provide space, facilities, equipment or supplies for\\nthe preparation, sale, service, distribution or consumption of food or\\nnonalcoholic beverages, limited to incidental refreshments (such as\\nbaked goods, sandwiches, snacks and platters) or those required by the\\nreligious practices of the deceased person or the deceased person's\\nfamily, in the funeral establishment to or by persons in the funeral\\nestablishment for the purpose of arranging for, attending or\\nparticipating in the care and preparation of a body of a deceased person\\nfor disposition, mourning, a funeral or memorial ceremony or service, or\\nan open house or similar community function that is related to the\\nbusiness of funeral directing.\\n (b) Activities under this section may include the services of a\\ncaterer not owned by or affiliated with the funeral establishment.\\nActivities of funeral establishment employees or catering employees\\nshall be limited to (i) preparing such beverages and (ii) serving such\\nincidental refreshments or nonalcoholic beverages under this section.\\n No activities under this section shall include the consumption of any\\nalcoholic beverage. Notwithstanding the provisions of this section, a\\nfuneral establishment shall not operate as a food service establishment\\nor caterer.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 7 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A34T4", "title" : "Enforcement and Discipline; Violations and Penalties", "docType" : "TITLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4", "activeDate" : "2014-09-22", "sequenceNo" : 1527, "repealedDate" : null, "fromSection" : "3450", "toSection" : "3457", "text" : " TITLE IV\\n ENFORCEMENT AND DISCIPLINE; VIOLATIONS AND PENALTIES\\nSection 3450. Suspension and revocation of licenses.\\n 3451. Suspension and revocation of licenses; complaints and\\n charges.\\n 3453. Restoration of licenses after suspension and revocation.\\n 3454. Restoration of licenses after conviction of a felony.\\n 3455. Violations; prosecutions.\\n 3456. Violations; penalties.\\n 3457. Violations; injunctions.\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3450", "title" : "Suspension and revocation of licenses", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2017-06-09", "2019-12-20", "2020-03-13", "2020-12-18" ], "docLevelId" : "3450", "activeDate" : "2017-06-09", "sequenceNo" : 1528, "repealedDate" : null, "fromSection" : "3450", "toSection" : "3450", "text" : " § 3450. Suspension and revocation of licenses. 1. The commissioner may\\nrevoke or suspend any license of a funeral director, undertaker or\\nembalmer and, if such licensee shall be the owner of, or a member of a\\npartnership owning, a funeral firm or the licensed and registered\\nmanager of a funeral firm owned by a corporation, any certificate of\\nregistration of such firm, or may reprimand or otherwise discipline such\\nlicensee or funeral firm in accordance with the provisions of this\\narticle upon proof that such licensee or, in the case of such\\ncorporation, that the corporation or one or more of its officers or\\ndirectors or one or more of its stockholders or other persons, firms or\\ncorporations having a ten per centum or greater proprietary, beneficial,\\nequitable or credit interest therein:\\n (a) has violated any of the provisions of this article, the sanitary\\ncode, the rules and regulations of the commissioner or of any statute,\\ncode, rule or regulation relating to the practice of funeral directing,\\nembalming, or vital statistics;\\n (b) has been convicted of a crime;\\n (c) has practiced fraud, deceit or misrepresentation in securing or\\nprocuring a license or admission to practice funeral directing,\\nundertaking, or embalming;\\n (d) is incompetent to engage in the business or practice of funeral\\ndirecting, undertaking, or embalming except that this provision shall\\nnot apply to an officer, director or stockholder of, or other person\\ninterested in, a corporation owning a funeral firm unless he shall be\\nthe licensed and registered manager thereof;\\n (e) has practiced fraud, deceit, or misrepresentation in his business\\nor practice or in the business of such funeral firm;\\n (f) has committed acts of misconduct in the conduct of the business or\\npractice of funeral directing, undertaking, or embalming or in the\\nbusiness of such funeral firm;\\n (g) is an habitual drunkard;\\n (h) is addicted to the use of morphine, opium, cocaine or other drugs\\nhaving a similar effect;\\n (i) has practiced or conducted the business of such funeral firm\\nwithout biennial registration of his license or of such firm;\\n (j) has employed, hired, procured or induced or otherwise aided or\\nabetted any person not licensed or registered to practice or hold\\nhimself out as licensed, practicing, or entitled to practice as an\\nundertaker, or embalmer, or funeral director;\\n (k) has wrongfully transferred or surrendered possession, either\\ntemporarily or permanently, of his license or certificate of\\nregistration thereof or of the certificate of registration of such\\nfuneral firm to any other person, partnership or corporation;\\n * (l) has paid, given, has caused to be paid or given or offered to\\npay or to give to any person a commission or other valuable\\nconsideration for the solicitation or procurement, either directly or\\nindirectly, of funeral patronage, or has accepted any consideration\\n(including without limitation a commission, rebate, or discount or\\ndirect or indirect price reduction on merchandise from the current value\\nthereof) from any financial institution or trust company, or agent\\nthereof, with whom the funeral director deposits funds paid for funeral\\nservices in advance of need pursuant to subdivision one of section four\\nhundred fifty-three of the general business law, or has accepted any\\nconsideration (including without limitation a commission or gift) from\\nany insurer or agent thereof, to sell, offer or promote the sale of any\\npolicy of insurance payable, expressly or as marketed, at the death of\\nthe insured for funeral or burial expenses;\\n * NB Effective until June 30, 2022\\n * (l) has paid, given, has caused to be paid or given or offered to\\npay or to give to any person a commission or other valuable\\nconsideration for the solicitation or procurement, either directly or\\nindirectly, of funeral patronage, or has accepted any consideration\\n(including without limitation a commission, rebate, or discount or\\ndirect or indirect price reduction on merchandise from the current value\\nthereof) from any financial institution or trust company, or agent\\nthereof, with whom the funeral director deposits funds paid for funeral\\nservices in advance of need pursuant to subdivision one of section four\\nhundred fifty-three of the general business law;\\n * NB Effective June 30, 2022\\n (m) has been guilty of fraudulent, misleading or deceptive\\nadvertising;\\n (n) has practiced funeral directing, undertaking or embalming, or has\\nconducted business as a funeral firm, under a false name;\\n (o) has impersonated another licensee or another funeral firm of a\\nlike or different name; or\\n (p) has failed to comply with requirements set forth in section four\\nhundred fifty-three of the general business law, relating to moneys paid\\nin connection with agreements for funeral merchandise in advance of need\\nto be kept on deposit pending use or repayment except, that revocation\\nand suspension shall apply only in the case where a funeral director or\\nfuneral firm has committed repeated violations of these provisions or\\nhas committed a violation of the provisions of section four hundred\\nfifty-three of the general business law relating to failure to deposit\\nor hold moneys on deposit; failure to return such moneys and interest\\nthereon upon demand or upon the termination, cessation of operation or\\ndiscontinuance of any funeral firm, or a successor in interest; or\\nfailure to comply with the requirements of paragraph (b) of subdivision\\nfive of section four hundred fifty-three of the general business law\\nregarding compliance by transferors who receive such moneys.\\n 2. The commissioner shall also have power, and after due notice and an\\nopportunity to be heard, to revoke or suspend the endorsement of a\\nfuneral director, undertaker or embalmer license issued to any person\\npursuant to the provisions of this article or any previous law upon\\nevidence that the duly constituted authorities of any state or political\\nsubdivision of the United States have lawfully revoked or suspended the\\nfuneral director, undertaker or embalmer license issued to such person\\nby such state or political subdivision.\\n 3. The action of the commissioner in revoking or suspending such\\nlicense or certificate of registration of such funeral firm shall be\\nreviewable by the supreme court of the state of New York pursuant to the\\nprovisions of article seventy-eight of the civil practice law and rules.\\n 4. (a) A person convicted of a felony shall forfeit his license to\\npractice as a funeral director, undertaker, or embalmer, and upon\\npresentation to the department of a certified copy of a court record\\nshowing that he has been convicted of a felony, that fact shall be noted\\non the record of license, and the license shall be revoked, and the\\nregistration shall be cancelled.\\n (b) If such conviction be subsequently reversed on appeal and the\\naccused acquitted or discharged, his license shall become again\\noperative from the date of such acquittal or discharge.\\n (c) The conviction of a felony aforementioned shall include the\\nconviction of a felony by any court in this state or by any court of the\\nUnited States or by any court of any other state of the United States;\\nprovided, however, that if a crime of which the licensee is convicted by\\nany court of the United States or by any court of any other state is a\\nfelony in the jurisdiction in which the conviction is had but is not a\\nfelony in the state of New York, then the conviction shall not be deemed\\na conviction of a felony for the purposes of this article. In the event\\nthat a crime of which the licensee is convicted by any court of the\\nUnited States or by any court of any other state is not a felony in the\\njurisdiction in which the conviction is had but is a felony in the state\\nof New York, then the conviction shall be deemed a conviction of a\\nfelony for the purposes of this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3451", "title" : "Suspension and revocation of licenses; complaints and charges", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3451", "activeDate" : "2014-09-22", "sequenceNo" : 1529, "repealedDate" : null, "fromSection" : "3451", "toSection" : "3451", "text" : " § 3451. Suspension and revocation of licenses; complaints and charges.\\n1. (a) Any person, public officer, or association, or the department may\\nfor due cause, prefer charges pursuant to the provisions of this chapter\\nagainst any licensee.\\n (b) Such charges shall be in writing and verified under oath and shall\\nbe submitted to the department.\\n 2. (a) The commissioner or any person or persons appointed by him for\\nthe purpose, may hold a preliminary hearing to determine whether a trial\\non the formal charges is necessary.\\n (b) The commissioner may dismiss the charges and take no action\\nthereon, by formal hearing or otherwise, in his discretion, in the event\\nthat he or the person or persons thus appointed by him do not deem a\\nformal hearing necessary, in which event the charges and the order\\ndismissing the charges shall be filed with the department.\\n 3. (a) If the commissioner or the person or persons thus appointed by\\nhim decide that the charges shall be heard, the commissioner shall\\ndesignate a hearing officer to determine the charges and set a time and\\nplace for a hearing.\\n (b) A copy of the charges, together with notice of the time and place\\nof the hearing, shall be served on the accused in accordance with\\nsection twelve-a of this chapter.\\n 4. (a) Upon the conclusion of the hearing, the commissioner may revoke\\nthe license of the accused, or suspend such license for a fixed period,\\nor reprimand, or take such other disciplinary action in accordance with\\nthis article, or dismiss the charges.\\n (b) An order or suspension made by the commissioner may contain such\\nprovisions as to reinstatement of the license as the commissioner shall\\ndirect.\\n (c) The commissioner, in his discretion, may direct a rehearing or\\ntake additional evidence, and may rescind or affirm the prior\\ndetermination after such rehearing, but nothing in this subdivision\\nshall preclude appropriate relief under article seventy-eight of the\\ncivil practice act.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3453", "title" : "Restoration of licenses after suspension and revocation", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3453", "activeDate" : "2014-09-22", "sequenceNo" : 1530, "repealedDate" : null, "fromSection" : "3453", "toSection" : "3453", "text" : " § 3453. Restoration of licenses after suspension and revocation. 1.\\nThe commissioner may, in his discretion, reissue a license to any person\\nwhose license has been revoked.\\n 2. Application for the reissuance of a license shall not be made prior\\nto one year after revocation and shall be made in such manner as the\\ncommissioner may direct.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3454", "title" : "Restoration of licenses after conviction of a felony", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3454", "activeDate" : "2014-09-22", "sequenceNo" : 1531, "repealedDate" : null, "fromSection" : "3454", "toSection" : "3454", "text" : " § 3454. Restoration of licenses after conviction of a felony. If a\\nperson convicted of a felony or crime deemed to be a felony is\\nsubsequently pardoned by the governor of the state where such conviction\\nwas had or by the president of the United States, or shall receive a\\ncertificate of relief from disabilities or a certificate of good conduct\\npursuant to article twenty-three of the correction law to remove the\\ndisability under this section because of such conviction, the\\ncommissioner may, in his discretion, on application of such person, and\\non the submission to him of satisfactory evidence, restore to such\\nperson the right to practice in this state.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3455", "title" : "Violations; prosecutions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3455", "activeDate" : "2014-09-22", "sequenceNo" : 1532, "repealedDate" : null, "fromSection" : "3455", "toSection" : "3455", "text" : " § 3455. Violations; prosecutions. 1. Any person who shall:\\n (a) obtain or attempt to obtain or aid in obtaining any license or\\ncertificate under this article by any false or fraudulent statement or\\nrepresentation; or,\\n (b) practice as a funeral director, undertaker or embalmer without\\nhaving been issued a license or without having registered as required by\\nthis article; or,\\n (c) being a funeral director, undertaker, or embalmer, aid and abet an\\nunlicensed person to practice funeral directing, undertaking, and\\nembalming; or,\\n (d) hold himself out as licensed or able to practice or as practicing\\nor entitled to practice without conformity to the requirements of this\\narticle; or,\\n (e) otherwise violate or neglect to comply with any of the provisions\\nof this article; or,\\n (f) being a funeral director, undertaker or embalmer, or registered\\nresident, knowingly give, sell, permit to be sold, offer for sale or\\ndisplay for sale, other than for purposes within the general scope of\\ntheir activities as a licensed funeral director, undertaker or embalmer,\\nor registered resident, embalming fluid to another person with actual\\nknowledge that such other person is not a licensed funeral director,\\nundertaker or embalmer, or registered resident, or entity authorized to\\nperform embalming activities under section thirty-four hundred twenty of\\nthis article or activities described in article forty-two of this\\nchapter; or\\n (g) practice as a funeral director, undertaker or embalmer, while his\\nlicense is revoked or suspended, shall be guilty of a misdemeanor, and\\nshall, on conviction, for each and every offense be punished by a fine\\nof not less than one hundred dollars nor more than five hundred dollars,\\nor by imprisonment for a term of not less than thirty days and not more\\nthan one year, or by both such fine and imprisonment, and for a second\\noffense shall be punishable by both such fine and imprisonment.\\n 2. All courts of special sessions within their respective territorial\\njurisdictions are hereby empowered to hear, try and determine such\\ncrimes without indictment and to impose in full the punishments of fines\\nand imprisonments herein prescribed.\\n 3. The attorney general of the state shall have the power to prosecute\\nin any county of the state any violation of this article; such\\nprosecution may be instituted by him in his discretion or after\\ncomplaint made to him by any person, provided, however, that nothing in\\nthis section shall be interpreted to prevent or impede the prosecution\\nof such proceedings by the district attorney of any county in which the\\noffense is committed when such proceedings have been instituted by him.\\n 4. (a) In any prosecution or hearing hereunder it shall be necessary\\nto prove only a single act prohibited by law or a single holding out or\\nattempt, without having to prove a general course of conduct, in order\\nto constitute a violation.\\n (b) The display, publication or dissemination by any person of an\\nadvertisement, card, sign or any other representation bearing a name,\\ndesignation or description as a practitioner of funeral directing,\\nundertaking, or embalming, in any manner or by implication, shall be\\npresumptive evidence of a holding out of such practice by such person.\\n 5. All violations of this article when reported to the department and\\nduly substantiated by affidavits, or other satisfactory evidence, shall\\nbe investigated and, if the report is found to be substantiated, the\\ndepartment shall report such violations to the attorney general and\\nrequest prompt prosecution.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3456", "title" : "Violations; penalties", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3456", "activeDate" : "2014-09-22", "sequenceNo" : 1533, "repealedDate" : null, "fromSection" : "3456", "toSection" : "3456", "text" : " § 3456. Violations; penalties. 1. Any person who shall engage in the\\nbusiness or practice of funeral directing, undertaking or embalming in\\nviolation of any provisions of this article, shall be liable to a\\nmaximum civil penalty of one thousand dollars, suspension or revocation\\nof license, or other disciplinary action, as specified by law for each\\nsuch violation and may also be found guilty of a misdemeanor.\\n 2. Each day during which or any part of which any such prohibited\\nbusiness or practice is continued shall be deemed a separate violation.\\n 3. One or more penalties for one or more violations by the same person\\nwithin any period of time may be sued for and recovered by the attorney\\ngeneral in the name of the people of the state.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3457", "title" : "Violations; injunctions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3457", "activeDate" : "2014-09-22", "sequenceNo" : 1534, "repealedDate" : null, "fromSection" : "3457", "toSection" : "3457", "text" : " § 3457. Violations; injunctions. 1. (a) The attorney general may\\nmaintain an action upon his own information or upon the complaint of any\\nperson against any person, partnership, corporation or association, and\\nany employee, agent, director or officer thereof, who shall violate any\\nof the provisions of this article.\\n (b) In such action the final judgment in favor of the plaintiff must\\nperpetually restrain the defendant or defendants from the commission or\\ncontinuance of the acts complained of.\\n (c) A temporary injunction to restrain the commission or continuance\\nof the acts complained about may be granted upon proof, by affidavit,\\nthat the defendant has or defendants have violated any of the provisions\\nof this article. The provisions of statute or rule relating generally to\\ninjunctions as provisional remedies in actions shall apply to such\\ntemporary injunction and the proceedings thereupon.\\n 2. The plaintiff in such action shall be entitled to an examination\\nbefore trial of the defendant or defendants and of witnesses as to\\ntestimony that is material and necessary in such action.\\n 3. The action aforesaid shall be in addition to any penal proceedings.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 7 }, "repealed" : false } ], "size" : 4 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A35", "title" : "Practice of Radiologic Technology", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "35", "activeDate" : "2014-09-22", "sequenceNo" : 1535, "repealedDate" : null, "fromSection" : "3500", "toSection" : "3517", "text" : " ARTICLE 35\\n PRACTICE OF RADIOLOGIC TECHNOLOGY\\nTitle I. General provisions and public policy (Secs. 3500-3501).\\n II. Licensing and registration (Secs. 3502-3508).\\n III. Violations; penalties (Secs. 3510-3514).\\n IV. Construction (Secs. 3515-3517).\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A35T1", "title" : "General Provisions and Public Policy", "docType" : "TITLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1", "activeDate" : "2014-09-22", "sequenceNo" : 1536, "repealedDate" : null, "fromSection" : "3500", "toSection" : "3501", "text" : " TITLE I\\n GENERAL PROVISIONS AND PUBLIC POLICY\\nSection 3500. Declaration of policy and statement of purpose.\\n 3501. Definitions.\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3500", "title" : "Declaration of policy and statement of purpose", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3500", "activeDate" : "2014-09-22", "sequenceNo" : 1537, "repealedDate" : null, "fromSection" : "3500", "toSection" : "3500", "text" : " § 3500. Declaration of policy and statement of purpose. It is declared\\nto be the policy of the state of New York that the health and safety of\\nthe people of the state must be protected against the harmful effects of\\nexcessive and improper exposure to ionizing radiation and from\\ninadequately performed diagnostic tests and radiation therapy\\ntreatments. Such protection can best be accomplished by requiring\\nadequate training and experience of persons under the supervision of\\nlicensed practitioners as defined in this title. It is the purpose of\\nthis article to establish standards of education, training and\\nexperience and to require the examination and licensure of\\nradiographers, radiation therapists and nuclear medicine technologists.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3501", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2024-11-29" ], "docLevelId" : "3501", "activeDate" : "2014-09-22", "sequenceNo" : 1538, "repealedDate" : null, "fromSection" : "3501", "toSection" : "3501", "text" : " § 3501. Definitions. When used in this article, the following words\\nand phrases shall have the following definitions:\\n 1. \"Radiologic technology\" means the practice of radiography,\\nradiation therapy and nuclear medicine technology.\\n 2. \"Radiologic technologist\" means a person who is licensed under this\\narticle to practice radiography or radiation therapy or nuclear\\nmedicine.\\n 3. \"Radiography\" means the use of x-rays or x-ray producing equipment\\non human beings for diagnostic purposes under the supervision of a\\nlicensed practitioner. The practice includes, but is not limited to:\\nmeasuring and positioning patients; selecting and setting up exposure\\nfactors on x-ray equipment, and the making of the x-ray exposure; the\\nperformance of quality control tests; and, under the direct supervision\\nof a licensed physician, the intravascular administration of contrast\\nmedia when such administration is an integral part of the x-ray or\\nimaging procedure.\\n 4. \"Radiographer\" means a person, other than a licensed practitioner,\\nwho is licensed under this article to practice radiography.\\n 5. \"Radiation therapy\" means the use of external beam and remote\\nafterloading brachytherapy equipment for the application of ionizing\\nradiation to human beings for therapeutic purposes under the supervision\\nof a radiation oncologist. The practice includes but is not limited to:\\nsetting up treatment position; selecting required filter and treatment\\ndistance; positioning the beam directional shells and molds; using x-ray\\nequipment for tumor localization; delivering the radiation treatment as\\nprescribed by the physician; certifying the record of the technical\\ndetails of the treatments; assisting the professional medical physicist\\nin calibration procedures; assisting in treatment planning procedures;\\nand the performance of quality control tests.\\n 6. \"Radiation therapist\" means a person, other than a licensed\\nphysician, who is licensed under this article to practice radiation\\ntherapy.\\n 7. \"Nuclear medicine technology\" means the use of radiopharmaceuticals\\nadministered to human beings for diagnostic or therapeutic purposes\\nunder the supervision of a physician authorized by a radioactive\\nmaterials license. The practice includes but is not limited to: elution\\nof a radiopharmaceutical generator; dosage preparation; assay of\\nradiopharmaceutical dosages administered to patients; use of nuclear\\nmedicine equipment on patients; performance of quality control tests;\\nadministration of radiopharmaceuticals to patients for diagnostic\\npurposes; and administration of radioactive materials to patients for\\ntherapeutic purposes under the personal supervision of a physician\\nauthorized by a radiopharmaceuticals license for such use.\\n 8. \"Nuclear medicine technologist\" means a person who is licensed\\nunder this article to practice nuclear medicine technology.\\n 9. \"Radiologist\" means a physician duly licensed to practice medicine\\nin the state of New York and who is certified by the American Board of\\nRadiology or by the American Osteopathic Board of Radiology in\\ndiagnostic radiology or radiation oncology.\\n 10. \"Radiation oncologist\" means a physician duly licensed to practice\\nmedicine in the state of New York and who is certified by the American\\nBoard of Radiology or by the American Osteopathic Board of Radiology in\\nradiation oncology.\\n 11. \"Licensed practitioner\" means a person licensed or otherwise\\nauthorized under the education law to practice medicine, dentistry,\\npodiatry, or chiropractic.\\n 12. \"Professional medical physicist\" means a person licensed or\\notherwise authorized to practice medical physics in accordance with\\narticle one hundred sixty-six of the education law.\\n 14. \"License\" means a license granted and issued by the department\\nunder this article to practice radiography, radiation therapy technology\\nor nuclear medicine technology.\\n 15. \"X-ray or imaging procedure\" means and includes conventional\\ndiagnostic x-ray or radiology, computer tomography, angiography,\\nmagnetic resonance imaging and ultrasound.\\n 16. \"Intravenous contrast administration certificate\" means a\\ncertificate granted and issued by the department under this article to\\nadminister and inject contrast media.\\n 17. \"Supervision\" means the oversight of a licensed radiologic\\ntechnologist by a licensed practitioner acting within the limits\\nspecified in the law under which the practitioner is licensed.\\n 18. \"Direct supervision\" means a physician must be present in the\\nsection of the facility where the procedure is being performed and is\\nnot concurrently encumbered by responsibilities that would preclude the\\nphysician from responding to a request for assistance within a timeframe\\nthat poses no risk to the patient. The physician shall be immediately\\navailable to furnish assistance and direction throughout the performance\\nof the procedure, and is professionally responsible for the performance\\nof the procedure. It does not mean that the physician must be present in\\nthe room when the procedure is performed.\\n 19. \"Personal supervision\" means the physician must be in attendance\\nin the room during the performance of the procedure.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 2 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A35T2", "title" : "Licensing and Registration", "docType" : "TITLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2", "activeDate" : "2014-09-22", "sequenceNo" : 1539, "repealedDate" : null, "fromSection" : "3502", "toSection" : "3508", "text" : " TITLE II\\n LICENSING AND REGISTRATION\\nSection 3502. License required.\\n 3504. Rules and regulations.\\n 3505. Requirements for a professional license.\\n 3506. Temporary permits.\\n 3507. Registration.\\n 3508. Registration of schools.\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3502", "title" : "License required", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2018-10-05", "2018-10-12", "2019-02-01", "2022-08-19", "2023-05-12", "2023-06-23", "2023-09-08", "2025-09-12", "2026-06-12" ], "docLevelId" : "3502", "activeDate" : "2019-02-01", "sequenceNo" : 1540, "repealedDate" : null, "fromSection" : "3502", "toSection" : "3502", "text" : " § 3502. License required. 1. The department shall issue separate\\nlicenses in the areas of radiography, radiation therapy and nuclear\\nmedicine technology to individuals who qualify under section thirty-five\\nhundred five of this title.\\n 2. Except where otherwise authorized by law:\\n (a) only licensed practitioners and persons licensed under this\\narticle are permitted to apply ionizing radiation to human beings, and\\nonly within the limits of their specific license;\\n (b) only licensed physicians who are authorized by a radioactive\\nmaterials license or persons licensed under this article are permitted\\nto use radiopharmaceuticals on human beings, and only within the limits\\nof their specific license;\\n (c) only persons licensed under this article shall practice\\nradiography, radiation therapy or nuclear medicine technology or use the\\ntitle \"radiographer,\" \"radiologic technologist,\" \"radiation therapist\"\\nor \"nuclear medicine technologist\" or use the abbreviations LRT, RTT,\\nLRTT, NMT, or LNMT with his or her name; and\\n (d) notwithstanding paragraph (c) of this subdivision, quality control\\ntests and radiation therapy treatment planning may also be performed by\\nindividuals not licensed by this article.\\n 3. On or after January first, two thousand nine no person shall\\npractice nuclear medicine technology or hold himself or herself out as a\\nnuclear medicine technologist unless the individual is the holder of a\\nlicense pursuant to this article and in accordance with the\\ncommissioner's rules and regulations.\\n 4. No radiologic technologist shall administer or inject intravenous\\ncontrast media unless (a) the individual is certified by the department\\nto perform such function in accordance with the commissioner's rules and\\nregulations (b) such administration or injection has been approved by a\\nphysician, physician's assistant, nurse practitioner or registered\\nprofessional nurse within twenty-four hours prior to the administration\\nor injection (c) a physician, physician's assistant, nurse practitioner\\nor registered professional nurse performs an evaluation of the patient\\non the day of the procedure. Administration or injection of contrast\\nmedia means and is limited to the placement or insertion of a needle or\\na catheter, not exceeding three inches in length and not above the level\\nof the axilla into a person's upper extremity and the administration or\\ninjection of the intravenous contrast media, manually or by mechanical\\ninjector, but does not mean the determination of the type or volume of\\nmedia to be administered or injected.\\n 5. The department shall issue an intravenous contrast administration\\ncertificate, as defined in this article, to an individual who is\\napproved by the department. Such individual must:\\n (a) be a duly licensed and registered radiologic technologist in good\\nstanding under this article;\\n (b) demonstrate the satisfactory completion of education and training\\nconcerning the insertion of a needle and a catheter;\\n (c) demonstrate the satisfactory completion of training in recognition\\nof adverse reactions and cardiopulmonary resuscitation;\\n (d) pay a biennial certification fee of twenty dollars; and\\n (e) meet such other criteria as may be established by the commissioner\\nin regulation.\\n * 6. (a) (i) Notwithstanding the provisions of this section or any\\nother provision of law, rule or regulation to the contrary, licensed\\npractitioners, persons licensed under this article and unlicensed\\npersonnel employed at a local correctional facility may, in a manner\\npermitted by the regulations promulgated pursuant to this subdivision,\\nutilize body imaging scanning equipment that applies ionizing radiation\\nto humans for purposes of screening inmates committed to such facility,\\nin connection with the implementation of such facility's security\\nprogram.\\n (ii) The utilization of such body imaging scanning equipment shall be\\nin accordance with regulations promulgated by the department, or in\\ncities having a population of two million or more, such utilization\\nshall be in accordance with regulations promulgated by the New York city\\ndepartment of health and mental hygiene.\\n (b) Prior to establishing, maintaining or operating in a local\\ncorrectional facility any body imaging scanning equipment, the chief\\nadministrative officer of the facility shall ensure that such facility\\nis in compliance with the regulations promulgated pursuant to this\\nsubdivision and otherwise applicable requirements for the installation,\\nregistration, maintenance, operation and inspection of body imaging\\nscanning equipment.\\n (c) The regulations promulgated pursuant to subparagraph (ii) of\\nparagraph (a) of this subdivision shall include, but not be limited to:\\n (i) A requirement that prior to operating body imaging scanning\\nequipment, unlicensed personnel employed at local correctional\\nfacilities shall have successfully completed a training course approved\\nby the department, or in cities of two million or more, approved by the\\nNew York city department of health and mental hygiene, and that such\\npersonnel receive additional training on an annual basis;\\n (ii) Limitations on exposure which shall be no more than fifty percent\\nof the annual exposure limits for non-radiation workers as specified by\\napplicable regulations, except that inmates under the age of eighteen\\nshall not be subject to more than five percent of such annual exposure\\nlimits, and pregnant women shall not be subject to such scanning at any\\ntime. Procedures for identifying pregnant women shall be set forth in\\nthe regulations;\\n (iii) Registration with the department of each body imaging scanning\\nmachine purchased or installed at a local correctional facility;\\n (iv) Inspection and regular reviews of the use of body imaging\\nscanning equipment by the department or the New York city department of\\nhealth and mental hygiene, as applicable; and\\n (v) A requirement that records be kept regarding each use of body\\nimaging scanning equipment by the local correctional facility.\\n (d) For the purpose of this subdivision, \"body imaging scanning\\nequipment\" or \"equipment\" means equipment that utilizes a low dose of\\nionizing radiation to produce an anatomical image capable of detecting\\nobjects placed on, attached to or secreted within a person's body.\\n (e) For the purposes of this subdivision, \"local correctional\\nfacility\" shall have the same meaning as found in subdivision sixteen of\\nsection two of the correction law.\\n (f) Any local government agency that utilizes body imaging scanning\\nequipment in a local correctional facility under its jurisdiction shall\\nsubmit an annual report to the department, the speaker of the assembly,\\nand the temporary president of the senate. Such report shall be\\nsubmitted within eighteen months after the initial date of registration\\nof such equipment with the department, and annually thereafter, and\\nshall contain the following information as to each such facility:\\n (i) the number of times the equipment was used on inmates upon intake,\\nafter visits, and upon the suspicion of contraband, as well as any other\\nevent that triggers the use of such equipment;\\n (ii) the average, median, and highest number of times the equipment\\nwas used on any inmate, with corresponding exposure levels;\\n (iii) the number of times the use of the equipment detected the\\npresence of drug contraband, weapon contraband, and any other illegal or\\nimpermissible object or substance;\\n (iv) incidents or any injuries or illness resulting from the use of\\nsuch equipment or reported by persons scanned by such equipment; and\\n (v) any other information the department may reasonably require.\\n * NB Repealed January 30, 2024\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3504", "title" : "Rules and regulations", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3504", "activeDate" : "2014-09-22", "sequenceNo" : 1541, "repealedDate" : null, "fromSection" : "3504", "toSection" : "3504", "text" : " § 3504. Rules and regulations. The commissioner shall have power to\\nmake such rules and regulations, not inconsistent with law, as may be\\nnecessary to carry out the provisions of this article, including but not\\nlimited to, the availability of emergency equipment appropriate to\\nprovide treatment in the event of an unanticipated reaction to the\\nadministration of contrast media.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3505", "title" : "Requirements for a professional license", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3505", "activeDate" : "2014-09-22", "sequenceNo" : 1542, "repealedDate" : null, "fromSection" : "3505", "toSection" : "3505", "text" : " § 3505. Requirements for a professional license. 1. To qualify for a\\nlicense under this article, an applicant shall fulfill the following\\nrequirements:\\n (a) Application: file an application with the department;\\n (b) Education: have received an education in accordance with\\nregulations set forth by the commissioner;\\n (c) Examination: pass an examination in accordance with the\\ncommissioner's regulations;\\n (d) Age: be at least eighteen years of age;\\n (e) Character: be of good moral character; and\\n (f) Fees: pay a license fee of one hundred twenty dollars to the\\ndepartment.\\n 2. Notwithstanding paragraph (a) of subdivision one of this section,\\nno person shall be admitted to the examination who has failed to pass\\nthe examination on three attempts unless that individual provides\\ndocumented evidence of the completion of a course of study as defined by\\nthe commissioner in rules and regulations.\\n 3. No person shall be licensed who has been convicted of any crime\\nconsistent with the provisions of article twenty-three-A of the\\ncorrection law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3506", "title" : "Temporary permits", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3506", "activeDate" : "2014-09-22", "sequenceNo" : 1543, "repealedDate" : null, "fromSection" : "3506", "toSection" : "3506", "text" : " § 3506. Temporary permits. The department may in its discretion and\\nupon written application issue a temporary permit to practice radiologic\\ntechnology in this state to a person who qualifies under section\\nthirty-five hundred five of this title for admission to an examination\\nfor licensure. A temporary permit shall not be issued to a person who\\nhas had a license or registration suspended, revoked or annulled, or who\\nhas been otherwise disciplined pursuant to the provisions of section\\nthirty-five hundred ten of this article. A temporary permit shall expire\\none hundred eighty days from the date of issuance.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3507", "title" : "Registration", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3507", "activeDate" : "2014-09-22", "sequenceNo" : 1544, "repealedDate" : null, "fromSection" : "3507", "toSection" : "3507", "text" : " § 3507. Registration. 1. A license shall be valid during the life of\\nthe holder unless revoked, annulled or suspended by the commissioner. A\\npracticing licensee must register with the department.\\n 2. The commissioner shall promulgate such rules and regulations as are\\nnecessary to effectuate the provisions of this section including, but\\nnot limited to, establishing staggered registration periods and the\\nbeginning dates thereof; assigning licensees to specific registration\\nperiods through appropriate classification or grouping; setting deadline\\ndates for making application for registration; prescribing the form and\\ncontent of the certificate of registration; and establishing other\\nreasonable requirements, including appropriate proration of registration\\nfees.\\n 3. A person licensed under this article must register with the\\ndepartment prior to commencing practice. The department shall register\\neach licensee who submits an application on a form prescribed by the\\ncommissioner and who pays a registration fee of twenty dollars per year.\\n 4. Any licensee authorized to practice under this article, undertaking\\npractice for the first time or resuming practice after a voluntary lapse\\nof registration, may commence practice upon mailing to the department\\nthe proper application for registration together with the required fee,\\nprovided, however, that such practice without actual possession of the\\ncertificate of registration is limited to thirty days. Any such licensee\\nwhose application for registration is submitted subsequent to the\\nbeginning of the registration period applicable to such licensee shall\\nonly be required to pay one-half of the fee if the registration period\\nis less than one-half the whole thereof.\\n 5. Upon receipt of satisfactory evidence that a certificate of\\nregistration has been lost, mutilated or destroyed, the department may\\nissue a duplicate certificate upon such terms and conditions as the\\ncommissioner shall prescribe.\\n 6. The department may waive registration fees for a licensee who\\nregisters after an elapsed period under the following circumstances:\\n (a) the registration period has expired; and\\n (b) the licensee provides the department with a notarized statement\\nattesting to the fact that the licensee has not practiced within this\\nstate during the elapsed registration period.\\n 7. The department may require that licensees provide proof of\\ncompletion of continuing education credits for registration of their\\nlicense or intravenous contrast administration certificate in accordance\\nwith the commissioner's regulations.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3508", "title" : "Registration of schools", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3508", "activeDate" : "2014-09-22", "sequenceNo" : 1545, "repealedDate" : null, "fromSection" : "3508", "toSection" : "3508", "text" : " § 3508. Registration of schools. No person, institution or agency\\nshall offer a course of study in radiologic technology unless such\\ncourse of study is registered by the department or by the department of\\neducation and meets such standards of quality, character and competence\\nof sponsors and officials, financial resources, public need, and other\\npertinent matters as may be prescribed by the commissioner or by the\\ncommissioner of education in appropriate rules and regulations. A\\nregistered school of radiologic technology may be operated by a medical\\nor educational institution, and for the purpose of providing the\\nrequisite clinical experience shall be affiliated with one or more\\ngeneral hospitals approved by the department or by the department of\\neducation.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 6 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A35T3", "title" : "Violations; Penalties", "docType" : "TITLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3", "activeDate" : "2014-09-22", "sequenceNo" : 1546, "repealedDate" : null, "fromSection" : "3510", "toSection" : "3514", "text" : " TITLE III\\n VIOLATIONS; PENALTIES\\nSection 3510. Suspension or revocation.\\n 3511. Proceedings for suspension or revocation.\\n 3512. Penalties.\\n 3513. Disposition of fees, fines, penalties and other moneys.\\n 3514. Injunctive relief.\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3510", "title" : "Suspension or revocation", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3510", "activeDate" : "2014-09-22", "sequenceNo" : 1547, "repealedDate" : null, "fromSection" : "3510", "toSection" : "3510", "text" : " § 3510. Suspension or revocation. 1. The license, registration or\\nintravenous contrast administration certificate of a radiologic\\ntechnologist may be suspended for a fixed period, revoked or annulled,\\nor such licensee censured, reprimanded, subject to a civil penalty not\\nto exceed two thousand dollars for every such violation, or otherwise\\ndisciplined, in accordance with the provisions and procedures defined in\\nthis article, provided that no civil penalty shall be assessed for any\\ncrime or misconduct that occurred outside the jurisdiction of New York\\nstate upon decision after due hearing that the individual is guilty of\\nthe following misconduct:\\n (a) any fraud or deceit in the practice or has been guilty of any\\nfraud or deceit in procuring a license, registration or certificate;\\n (b) conviction in a court of competent jurisdiction, either within or\\nwithout this state, of a crime involving moral character;\\n (c) being a habitual abuser of alcohol or being dependent on or a\\nhabitual user of narcotics, barbiturates, amphetamines, hallucinogens or\\nother drugs having similar effects. Exceptions may be made for a\\nlicensee who is maintained on an approved therapeutic regimen which does\\nnot impair the ability to practice;\\n (d) aiding and abetting in the practice of radiologic technology a\\nperson who is not a registered radiologic technologist or who is\\npracticing a form of radiologic technology which is beyond the scope of\\nthe individual's license;\\n (e) engaging in any practice beyond the scope of the practice of\\nradiologic technology or beyond the scope of the individual's license as\\ndefined in this article;\\n (f) falsely impersonating a duly registered radiologic technologist or\\nformer duly registered radiologic technologist, or is practicing\\nradiologic technology under an assumed name;\\n (g) unethical conduct as defined by rules promulgated by the\\ncommissioner;\\n (h) failure to obtain a certificate of registration as required by\\nsection thirty-five hundred seven of this article;\\n (i) applying radiation to a human being when not under the necessary\\nsupervision of a duly licensed practitioner as defined in this article,\\nor to any person or part of the human body other than those specified in\\nthe law under which such practitioner is licensed;\\n (j) expressing to a member of the public an interpretation of medical\\ntest results;\\n (k) using the prefix \"Dr.\", the word \"doctor\" or any suffix or affix\\nto indicate or imply that the licensee is a duly licensed practitioner\\nas defined in this article when not so licensed;\\n (l) incompetence or negligence;\\n (m) being convicted of a crime which has a direct relationship to the\\nemployment or licensure at issue or poses an unreasonable risk to public\\nsafety pursuant to article twenty-three-a of the correction law and is a\\nconviction under (i) New York state law; (ii) federal law; or (iii) the\\nlaw of another jurisdiction which, if committed within this state, would\\nhave constituted professional misconduct under New York state law;\\n (n) having been found guilty of improper professional practice or\\nprofessional misconduct by a duly authorized professional disciplinary\\nagency of another state where the conduct upon which the finding was\\nbased, if committed in New York state, would constitute professional\\nmisconduct under the laws of New York state;\\n (o) having been found guilty in an adjudicatory proceeding of\\nviolating a state or federal statute or regulation, pursuant to a final\\ndecision or determination, and when no appeal is pending, or after\\nresolution of the proceeding by stipulation or agreement, and when the\\nviolation would constitute professional misconduct under the laws of New\\nYork state; or\\n (p) having his or her license to practice as a radiologic technologist\\nrevoked, suspended or having other disciplinary action taken, or having\\nhis or her application for a license refused, revoked or suspended or\\nhaving voluntarily or otherwise surrendered his or her license after a\\ndisciplinary action was instituted by a duly authorized professional\\ndisciplinary agency of another state, where the conduct resulting in the\\nrevocation, suspension or other disciplinary action involving the\\nlicense or refusal, revocation or suspension of an application for a\\nlicense or the surrender of the license would, if committed in New York\\nstate, constitute professional misconduct under the laws of New York\\nstate. A radiologic technologist licensed in New York state who is also\\nlicensed or seeking licensure in another state must immediately report\\nto the department any revocation, suspension or other disciplinary\\naction involving the out-of-state license or refusal, revocation or\\nsuspension of an application for an out-of-state license or the\\nsurrender of the out-of-state license.\\n 2. (a) No person convicted of a felony shall continue to hold a\\nlicense to practice radiologic technology, unless he or she has been\\ngranted an executive pardon, a certificate of relief from disabilities\\nor a certificate of good conduct for such felony and, the commissioner,\\nin his or her discretion, restores the license after determining that\\nthe individual does not pose a threat to patient health and safety.\\n (b) A conviction of a felony shall include the conviction of a felony\\nby any court in this state or by any court of the United States or by\\nany court of any other state of the United States, and in the event that\\na crime of which the practitioner of radiologic technology is convicted\\nby any court of the United States or any other state is not a felony in\\nthe jurisdiction in which the conviction is had but is substantially\\nsimilar to a felony in the state of New York, then the conviction shall\\nbe deemed a conviction of a felony for the purpose of this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3511", "title" : "Proceedings for suspension or revocation", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3511", "activeDate" : "2014-09-22", "sequenceNo" : 1548, "repealedDate" : null, "fromSection" : "3511", "toSection" : "3511", "text" : " § 3511. Proceedings for suspension or revocation. 1. Proceedings\\nagainst any licensee under this section shall be begun by filing with\\nthe department a written charge or charges in the form of a petition\\nunder oath against such licensee. The charges may be preferred by any\\nperson, corporation, association or public officer, or by the department\\nin the first instance.\\n 2. If the commissioner decides that the charges should be heard, the\\ncommissioner shall appoint a hearing officer to hear and report on the\\ncharges and shall set a time and place for the hearing. A copy of the\\ncharges, together with a notice of the time and place of hearing, shall\\nbe served on the accused at least fifteen days before the date fixed for\\nthe hearing.\\n 3. The respondent in all such cases brought under this section shall,\\nat least five days before the return date of the petition containing the\\ncharges, file with the department a verified answer, in duplicate, to\\nthe allegations set forth in such petition. The accused shall have the\\nopportunity at such hearing to appear either personally or by counsel,\\nto cross-examine witnesses and to produce evidence and witnesses in his\\nor her defense.\\n 4. Upon the conclusion of the hearing, the hearing officer shall make\\na written report of findings and conclusions and shall transmit them,\\ntogether with a recommendation, to the commissioner. If the accused is\\nfound not guilty by the commissioner, the commissioner shall order a\\ndismissal of the charges and an exoneration. If the accused is found\\nguilty of the charges, or any of them, the commissioner shall, in his or\\nher discretion, issue an order suspending, revoking or annulling the\\nlicense registration or certificate of the accused, or otherwise\\ndisciplining him or her.\\n 5. Where the license registration or certificate of any person has\\nbeen revoked or annulled, as provided in this title, the department may,\\nafter the expiration of two years, entertain an application for\\nrestoration of such license or registration.\\n 6. A licensee whose license registration or certificate has been\\nsuspended, revoked or annulled, or who is otherwise disciplined under\\nthis article, may commence a proceeding under article seventy-eight of\\nthe civil practice law and rules in the supreme court, Albany county,\\nfor the purpose of reviewing such determination, but no such\\ndetermination shall be stayed or enjoined except after notice to the\\nattorney general of the commencement of the proceeding.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3512", "title" : "Penalties", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3512", "activeDate" : "2014-09-22", "sequenceNo" : 1549, "repealedDate" : null, "fromSection" : "3512", "toSection" : "3512", "text" : " § 3512. Penalties. 1. It shall be a misdemeanor for a person to:\\n (a) sell or fraudulently obtain or furnish a radiologic technologist\\ndiploma, license, record or certificate of registration or intravenous\\ncontrast administration certificate;\\n (b) practice radiologic technology under cover of a diploma, license,\\nregistration or certificate illegally or fraudulently obtained or signed\\nor issued unlawfully, or under fraudulent representation or mistake of\\nfact in material regard;\\n (c) practice radiologic technology under a false or assumed name;\\n (d) practice or act as entitled to practice radiologic technology\\nwithout a valid license or certificate, without a license appropriate to\\nthe purposes for which radiation is applied on human beings, or after\\nhaving been convicted of a felony which has not been reported to the\\ndepartment; or\\n (e) otherwise violate any of the provisions of this article.\\n 2. Such misdemeanor shall be punishable by imprisonment for not more\\nthan one year or by a fine not to exceed two thousand dollars for every\\nsuch violation, or by both such fine and imprisonment for each separate\\nviolation.\\n 3. All violations of this article, when reported to the department and\\nduly substantiated by affidavits or other satisfactory evidence, shall\\nbe investigated and if the report is found to be true and the complaint\\nsubstantiated, the department shall report such violation to the\\nattorney general and request prompt prosecution of such violation.\\n 4. In the prosecution of any criminal action for violation of this\\narticle by the attorney general or his or her deputy, the attorney\\ngeneral or his or her deputy may exercise all the powers and perform all\\nthe duties with respect to such actions or proceedings which the\\ndistrict attorney would otherwise be authorized or required to exercise\\nor perform, and in such action or proceeding the district attorney shall\\nonly exercise such powers and perform such duties as are required of him\\nor her by the attorney general or the deputy attorney general so\\nattending.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3513", "title" : "Disposition of fees, fines, penalties and other moneys", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3513", "activeDate" : "2014-09-22", "sequenceNo" : 1550, "repealedDate" : null, "fromSection" : "3513", "toSection" : "3513", "text" : " § 3513. Disposition of fees, fines, penalties and other moneys. 1. All\\nfees, fines, penalties and other moneys derived from the operation of\\nthis article shall be paid to the department and shall be paid by the\\ndepartment to the radiological health protection account as established\\npursuant to chapter fifty-four of the laws of two thousand three\\nenacting the health and mental hygiene budget.\\n 2. Moneys received pursuant to this article may be refunded within one\\nyear from the receipt thereof on proof satisfactory to the department\\nthat:\\n (a) such moneys were in excess of the amounts required by law; or\\n (b) the examination for which application was made and for which a fee\\nwas paid was denied.\\n 3. Such refund shall, upon audit and warrant of the comptroller, be\\npaid by the department out of any moneys in the custody of the\\ndepartment received pursuant to this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3514", "title" : "Injunctive relief", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3514", "activeDate" : "2014-09-22", "sequenceNo" : 1551, "repealedDate" : null, "fromSection" : "3514", "toSection" : "3514", "text" : " § 3514. Injunctive relief. The attorney general may apply to the\\nsupreme court within the judicial district in which a violation of this\\narticle is alleged to have occurred for an order enjoining or\\nrestraining commission or continuance of the acts complained of.\\nThereupon the court shall have jurisdiction of the proceeding and shall\\nhave power to grant such temporary relief or restraining order as it\\ndeems just and proper. In any such proceeding it shall be unnecessary\\nto allege or prove that an adequate remedy at law does not exist or that\\nirreparable damage would result if such order were not granted. The\\nremedy provided by this section shall be in addition to any other remedy\\nprovided by law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 5 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A35T4", "title" : "Construction", "docType" : "TITLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4", "activeDate" : "2014-09-22", "sequenceNo" : 1552, "repealedDate" : null, "fromSection" : "3515", "toSection" : "3517", "text" : " TITLE IV\\n CONSTRUCTION\\nSection 3515. Construction; rights of licensed radiologic technologists\\n and exemptions from this article.\\n 3516. Use of x-rays with respect to dental services.\\n 3517. Separability.\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3515", "title" : "Construction; rights of licensed radiologic technologists and exemptions from this article", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3515", "activeDate" : "2014-09-22", "sequenceNo" : 1553, "repealedDate" : null, "fromSection" : "3515", "toSection" : "3515", "text" : " § 3515. Construction; rights of licensed radiologic technologists and\\nexemptions from this article. 1. Nothing in the provisions of this\\narticle relating to radiologic technologists shall be construed to\\nlimit, enlarge or affect, in any respect, the practice of their\\nrespective professions by duly licensed practitioners.\\n 1-a. (a) A radiographer who also is a specialist's assistant, as such\\nterm is defined in section thirty-seven hundred of this chapter,\\nregistered for the medical specialty of radiology, shall not: (i) render\\nany diagnostic interpretation of any image produced by any x-ray or\\nimaging procedure; (ii) make any diagnosis; (iii) prescribe or order any\\ndrug or drug product for which a prescription is required by any law or\\nregulation; or (iv) order, prescribe, issue or initiate a treatment\\nplan, a care management program or any other therapy to or for a patient\\nunless such plan, program or other therapy has been prescribed or\\nordered by the supervising physician of the specialist's assistant.\\n (b) Paragraph (a) of this subdivision shall be inapplicable to\\nspecialist's assistants registered pursuant to law on the effective date\\nof this subdivision; but such specialist's assistants shall continue to\\nbe subject to all of the provisions of section sixty-five hundred thirty\\nof the education law.\\n 2. Nothing in this article shall be construed to limit the authority\\nof any person to administer or inject contrast media under any other law\\nor under any rule or regulation of the commissioner, the department, the\\ndepartment of education or the board of regents.\\n 3. Nothing in title eight of the education law shall be construed or\\napplied to limit the authority of a person licensed or certified under\\nthis article to exercise the authority conferred by such license or\\ncertification under this article.\\n 4. This article shall not be construed as applying to:\\n (a) a student enrolled in or attending a school or college of\\nmedicine, osteopathy, dentistry, podiatry, chiropractic, or radiologic\\ntechnology who applies radiation to a human being, while under the\\ndirect supervision of a licensed physician, dentist, podiatrist,\\nchiropractor, or radiologic technologist respectively;\\n (b) a person engaged in performing the duties of a radiologic\\ntechnologist as defined pursuant to this article in his or her\\nemployment by an agency, bureau or division of the government of the\\nUnited States;\\n (c) a person acting as a certified dental assistant or uncertified\\ndental assistant who, under the supervision of a licensed dentist,\\noperates only such radiographic dental equipment as may be prescribed by\\nthe commissioner in rules and regulations for the sole purpose of dental\\nradiography;\\n (d) a person acting as a certified podiatric assistant or uncertified\\npodiatric assistant who, under the supervision of a licensed podiatrist,\\noperates radiographic podiatry equipment as may be prescribed by the\\ncommissioner in rules and regulations for the sole purpose of podiatric\\nradiography; or\\n (e) a person issued a license as a chest radiographer prior to\\nnineteen hundred seventy-two may use x-rays or x-ray producing equipment\\non human beings only as prescribed by the commissioner in rules and\\nregulations.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3516", "title" : "Use of x-rays with respect to dental services", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3516", "activeDate" : "2014-09-22", "sequenceNo" : 1554, "repealedDate" : null, "fromSection" : "3516", "toSection" : "3516", "text" : " § 3516. Use of x-rays with respect to dental services. The use of\\nx-rays, performed in the course of dental services, shall be limited\\nsolely to diagnostic purposes and shall not be used for the purpose of\\nverifying services performed for which requests for payment were\\nsubmitted to third party payors. Nothing in this section shall limit the\\nuse of radiographic films or duplicates thereof.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3517", "title" : "Separability", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3517", "activeDate" : "2014-09-22", "sequenceNo" : 1555, "repealedDate" : null, "fromSection" : "3517", "toSection" : "3517", "text" : " § 3517. Separability. If any clause, sentence, paragraph, section or\\npart of this article shall be adjudged by any court of competent\\njurisdiction to be invalid, the judgment shall not affect, impair, or\\ninvalidate the remainder thereof, but shall be confined in its operation\\nto the clause, sentence, paragraph, section or part thereof directly\\ninvolved in the controversy in which the judgment shall have been\\nrendered.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 3 }, "repealed" : false } ], "size" : 4 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A35-A", "title" : "Ultraviolet Radiation Devices", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22", "2019-01-04" ], "docLevelId" : "35-A", "activeDate" : "2019-01-04", "sequenceNo" : 1556, "repealedDate" : null, "fromSection" : "3550", "toSection" : "3556", "text" : " ARTICLE 35-A\\n ULTRAVIOLET RADIATION DEVICES\\nSection 3550. Definitions.\\n 3551. License required.\\n 3552. Suspension or revocation.\\n 3553. Fees.\\n 3554. Powers and duties of the commissioner.\\n 3555. Restrictions on the use of ultraviolet radiation devices.\\n 3556. Ultraviolet nail drying devices.\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3550", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2018-08-17", "2019-01-04", "2019-05-03" ], "docLevelId" : "3550", "activeDate" : "2019-05-03", "sequenceNo" : 1557, "repealedDate" : null, "fromSection" : "3550", "toSection" : "3550", "text" : " § 3550. Definitions. When used in this article, the following words\\nand phrases shall have the meanings ascribed to them in this section:\\n 1. \"Tanning facility\" shall mean any establishment where one or more\\nultraviolet radiation device is used, offered, or made available for use\\nby any human being, whether or not a fee is charged, directly or\\nindirectly, but shall not include any facility where any such device is\\nused by a qualified health care professional for treatment of medical\\nconditions.\\n 2. \"Ultraviolet radiation device\" shall mean any equipment which is\\ndesigned to emit electromagnetic radiation in the wavelength interval of\\ntwo hundred to four hundred nanometers in air, and which is intended to\\ninduce tanning of the human skin through irradiation, including, but not\\nlimited to, a sunlamp, tanning booth, or tanning bed.\\n 3. \"Ultraviolet nail drying device\" shall mean any equipment which is\\ndesigned to emit electromagnetic radiation in the wavelength interval of\\ntwo hundred to four hundred nanometers in air, and which is intended to\\ninduce nail curing or hardening through irradiation.\\n 4. \"Person\" shall mean an individual, corporation, partnership, joint\\nventure, or any business entity.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3551", "title" : "License required", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2020-04-17" ], "docLevelId" : "3551", "activeDate" : "2014-09-22", "sequenceNo" : 1558, "repealedDate" : null, "fromSection" : "3551", "toSection" : "3551", "text" : " § 3551. License required. 1. On and after the effective date of this\\narticle, no person shall operate a tanning facility unless such facility\\nis licensed as provided in this article.\\n 2. The department shall license each applicant who submits an\\napplication on a form prescribed by the commissioner and meets the\\nrequirements of this article and any rules or regulations promulgated\\npursuant to this article, upon payment of a registration fee of thirty\\ndollars.\\n 3. The commissioner shall promulgate such rules and regulations as are\\nnecessary to effectuate the provisions of this article, including, but\\nnot limited to, establishing staggered biennial registration periods and\\nthe beginning dates thereof; assigning licensees to specific biennial\\nregistration periods through appropriate classification or grouping;\\nsetting deadline dates for making application for registration;\\nprescribing the form and content of the license; and establishing other\\nreasonable requirements, including appropriate proration of registration\\nfees in connection with the initiation of a staggered biennial\\nregistration system.\\n 4. No license issued hereunder shall be effective for more than two\\nyears from the date of issuance.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3552", "title" : "Suspension or revocation", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3552", "activeDate" : "2014-09-22", "sequenceNo" : 1559, "repealedDate" : null, "fromSection" : "3552", "toSection" : "3552", "text" : " § 3552. Suspension or revocation. 1. The license of a tanning facility\\nmay be suspended for a fixed period, revoked or annulled, upon a finding\\nthat a licensee:\\n (a) is guilty of fraud or bribery in securing a license;\\n (b) has made any false statement as to a material matter in any\\napplication or any other statement required by this article;\\n (c) failed to display the license or warning signs as provided in this\\narticle; or\\n (d) violated any provision of this article or any rule or regulation\\nadopted pursuant to this article.\\n 2. In lieu of revoking, suspending or annulling a license, the\\ndepartment may assess a civil penalty, not exceeding two hundred fifty\\ndollars, for a violation of any provision of this article or any rule or\\nregulation adopted pursuant to this article.\\n 3. Before revoking, suspending or annulling a license, or imposing any\\ncivil penalty upon a licensee, the department shall notify the licensee\\nin writing of the proposed action and shall afford the licensee an\\nopportunity to be heard in person or by counsel. Such notice may be\\nserved by personal delivery to the licensee or by mailing it by\\ncertified mail to the last known address on file with the department or\\nby any method authorized by the civil practice law and rules. The\\nhearing on such charges shall be at such time and place as the\\ndepartment shall prescribe.\\n 4. The department shall have the power to suspend a license pending a\\nhearing and to subpoena and bring before the officer or person\\nconducting the hearing any person in the state, and administer an oath\\nto take testimony of any person or cause his or her deposition to be\\ntaken. A subpoena issued under this section shall be subject to the\\nprovisions of the civil practice law and rules.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3553", "title" : "Fees", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3553", "activeDate" : "2014-09-22", "sequenceNo" : 1560, "repealedDate" : null, "fromSection" : "3553", "toSection" : "3553", "text" : " § 3553. Fees. All monies collected by the department pursuant to\\nsections thirty-five hundred fifty-one and thirty-five hundred\\nfifty-four of this article shall be deposited into the ultraviolet\\nradiation devices program account within the special revenue\\nfund--other, which is hereby established. Monies in such account may be\\nused to offset costs to the state of registering, inspecting and\\nregulating tanning facilities.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3554", "title" : "Powers and duties of the commissioner", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2020-04-17" ], "docLevelId" : "3554", "activeDate" : "2014-09-22", "sequenceNo" : 1561, "repealedDate" : null, "fromSection" : "3554", "toSection" : "3554", "text" : " § 3554. Powers and duties of the commissioner. 1. The commissioner\\nshall inspect each tanning facility licensed under this article and each\\nultraviolet radiation device used, offered, or made available for use in\\nsuch facility, not less than biennially. The commissioner may establish\\na fee for such inspection, which shall not exceed fifty dollars per\\nultraviolet radiation device; provided, however, that no facility shall\\nbe required to pay any such fee on more than one occasion in any\\nbiennial registration period. The commissioner may appoint and\\ndesignate, from time to time, persons to make the inspections authorized\\nby this article.\\n 2. The commissioner shall promulgate rules and regulations to carry\\nout the provisions of this article, including, but not limited to,\\nregulations:\\n (a) requiring each tanning facility to conspicuously post the license\\nrequired by this article, and appropriate warning signs as prescribed by\\nthe commissioner;\\n (b) requiring each tanning facility to provide informational pamphlets\\nto customers advising of conditions, such as the use of photosensitizing\\ndrugs, under which the use of ultraviolet radiation is contraindicated;\\n (c) establishing standards for cleanliness, hygiene and safety; and\\n (d) requiring each tanning facility to provide safety goggles and any\\nother safety-related devices to customers without additional charge\\ntherefor.\\n 3. The commissioner may by regulation authorize any county department\\nof health to administer this section within its jurisdiction.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3555", "title" : "Restrictions on the use of ultraviolet radiation devices", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2018-08-17" ], "docLevelId" : "3555", "activeDate" : "2018-08-17", "sequenceNo" : 1562, "repealedDate" : null, "fromSection" : "3555", "toSection" : "3555", "text" : " § 3555. Restrictions on the use of ultraviolet radiation devices. 1.\\nNo owner, operator, or employee of a tanning facility shall permit the\\nuse of the tanning facility by a person eighteen years of age or older\\nuntil such person provides a driver's license or other photographic\\nidentification card issued by a government entity or educational\\ninstitution indicating that the individual is at least eighteen years of\\nage and the facility has on file a signed written statement, in a form\\nprescribed by the commissioner, acknowledging that such person has read\\nthe warnings required under subdivision two of section thirty-five\\nhundred fifty-four of this article and agrees to wear safety goggles\\nbefore using an ultraviolet radiation device. Such signed statement of\\nacknowledgment may be retained by the tanning facility off premises\\nprovided that an electronic image or facsimile of the original signed\\nstatement of acknowledgment is readily available by the owner or\\nemployee responsible for the operation of the ultraviolet radiation\\ndevice of such facility.\\n 2. No owner, operator, or employee of a tanning facility shall permit\\nthe use of an ultraviolet radiation device by a person under eighteen\\nyears of age.\\n 3. This section shall be exclusive and shall preempt any contrary\\nlocal law or ordinance, except that this section shall not preempt or\\nsupersede local laws or ordinances imposing additional stricter\\nrestrictions on the use and operation of ultraviolet radiation devices\\nat tanning facilities which are in effect prior to the effective date of\\nthis section.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3556", "title" : "Ultraviolet nail drying devices", "docType" : "SECTION", "publishedDates" : [ "2019-01-04", "2019-05-03" ], "docLevelId" : "3556", "activeDate" : "2019-05-03", "sequenceNo" : 1563, "repealedDate" : null, "fromSection" : "3556", "toSection" : "3556", "text" : " § 3556. Ultraviolet nail drying devices. 1. The department shall\\nreview the existing medical and scientific literature, published\\nreports, and articles regarding the potential health hazards associated\\nwith the use of ultraviolet nail drying devices and identify any health\\nhazards. As part of such review, the department shall consult with\\nexperts in the fields of skin cancer research and human exposure to\\nartificial ultraviolet radiation. The department shall also review the\\nfeasibility and effectiveness of requiring appearance enhancement\\nbusinesses conducting the practice of nail specialty, as defined in\\nsubdivision four of section four hundred of the general business law, to\\nadvise users of ultraviolet nail drying devices to apply a sunscreen or\\na similar substance designed to block ultraviolet radiation to the hands\\nand wrists prior to using such device.\\n 2. Upon completion of such review, based on the findings of the\\ndepartment, the department of state may promulgate any regulations\\ndeemed appropriate for governing the use of ultraviolet nail drying\\ndevices by any appearance enhancement business, required to be licensed\\nby the department of state pursuant to article twenty-seven of the\\ngeneral business law. If promulgated, such regulations shall include a\\nrequirement that any appearance enhancement business conducting the\\npractice of nail specialty post a notice regarding any health hazards\\nassociated with the use of ultraviolet nail dryers and any steps users\\nmay take to mitigate such hazards in an area clearly visible to patrons\\nin the licensed premises or in the place where the practice of an\\noccupation licensed pursuant to article twenty-seven of the general\\nbusiness law is conducted.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 7 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A36", "title" : "Home Care Services", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22", "2015-05-01", "2018-04-20", "2020-04-17", "2022-04-22" ], "docLevelId" : "36", "activeDate" : "2018-04-20", "sequenceNo" : 1564, "repealedDate" : null, "fromSection" : "3600", "toSection" : "3622", "text" : " ARTICLE 36\\n HOME CARE SERVICES\\nSection 3600. Declaration of legislative findings and intent.\\n 3602. Definitions.\\n 3605. Licensure of home care services agencies.\\n 3605-a. Proceedings involving the license of a home care\\n services agency.\\n 3605-b. Registration of licensed home care services agencies.\\n 3606. Establishment of certified home health agencies.\\n 3606-a. Certified home health agency construction.\\n 3607. Grants for expansion of services.\\n 3608. Certification of home care services agencies.\\n 3609. Grants for planning an establishment of new certified\\n home health agencies.\\n 3610. Authorization to provide a long term home health care\\n program.\\n 3611. Operation of home care services agency.\\n 3611-a. Change in the operator or owner.\\n 3612. Powers and duties of commissioner and state hospital\\n review and planning council.\\n 3613. Home care services workers.\\n 3614. Payments for certified home health agency services, long\\n term home health care programs and AIDS home care\\n programs.\\n 3614-a. Home care provider assessments.\\n 3614-b. Licensed home care services agencies assessments.\\n 3614-c. Home care worker wage parity.\\n 3614-d. Universal standards for coding of payment for medical\\n assistance claims for long term care.\\n 3614-e. Electronic payment of claims.\\n 3615. State aid to certified home health agencies.\\n 3616. Provision of certified home health agency services, long\\n term home health care programs and AIDS home care\\n programs.\\n 3616-a. Quality assurance.\\n 3617. Respite projects.\\n 3618. Continuation of existing home health agencies.\\n 3619. Exempt agencies.\\n 3620. Authorization to provide an AIDS home care program.\\n 3621. Payment of claims.\\n 3622. Separability.\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3600", "title" : "Declaration of legislative findings and intent", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3600", "activeDate" : "2014-09-22", "sequenceNo" : 1565, "repealedDate" : null, "fromSection" : "3600", "toSection" : "3600", "text" : " § 3600. Declaration of legislative findings and intent. The\\nlegislature hereby finds and declares that the provision of high quality\\nhome care services to residents of New York state is a priority concern.\\nExpanding these services to make them available throughout the state as\\na viable part of the health care system and as an alternative to\\ninstitutional care should be a primary focus of the state's actions.\\n Home health care has only recently been recognized legislatively as an\\nintegral part of the health care delivery system and has proven to have\\nan important and valuable role in patient care. The certified home\\nhealth agencies render a coordinated array of services to patients in\\ntheir homes, thereby avoiding prolonged institutionalization,\\nconcomitant high costs and associated adverse social and medical\\nimplications.\\n The legislature intends that there be a public commitment to the\\nappropriate provision and expansion of services rendered to the\\nresidents of the state by certified home health agencies, to the\\nmaintenance of a consistently high level of services by all home care\\nservices agencies, to the central collection and public accessibility of\\ninformation concerning all organized home care services, and to the\\nadequate regulation and coordination of existing home care services.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3602", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-05-01", "2015-10-30", "2015-11-06", "2016-12-02", "2016-12-09", "2017-07-07", "2018-07-06", "2019-07-12", "2021-07-02", "2023-05-12", "2023-06-23", "2023-07-07", "2025-05-16" ], "docLevelId" : "3602", "activeDate" : "2019-07-12", "sequenceNo" : 1566, "repealedDate" : null, "fromSection" : "3602", "toSection" : "3602", "text" : " § 3602. Definitions. As used in this article, the following words and\\nphrases shall have the following meanings unless the context otherwise\\nrequires:\\n 1. \"Home care services\" means one or more of the following services\\nprovided to persons at home: (a) those services provided by a home care\\nservices agency; (b) home health aide services; (c) personal care\\nservices; (d) homemaker services; (e) housekeeper or chore services.\\n 2. \"Home care services agency\" means an organization primarily engaged\\nin arranging and/or providing directly or through contract arrangement\\none or more of the following: Nursing services, home health aide\\nservices, and other therapeutic and related services which may include,\\nbut shall not be limited to, physical, speech and occupational therapy,\\nnutritional services, medical social services, personal care services,\\nhomemaker services, and housekeeper or chore services, which may be of a\\npreventive, therapeutic, rehabilitative, health guidance, and/or\\nsupportive nature to persons at home.\\n 3. \"Certified home health agency\" means a home care services agency\\nwhich possesses a valid certificate of approval issued pursuant to the\\nprovisions of this article, or a residential health care facility or\\nhospital possessing a valid operating certificate issued under article\\ntwenty-eight of this chapter which is authorized under section\\nthirty-six hundred ten of this article to provide a long term home\\nhealth care program. Such an agency, facility, or hospital must be\\nqualified to participate as a home health agency under the provisions of\\ntitles XVIII and XIX of the federal Social Security Act and shall\\nprovide, directly or through contract arrangement, a minimum of the\\nfollowing services which are of a preventive, therapeutic,\\nrehabilitative, health guidance and/or supportive nature to persons at\\nhome: nursing services; home health aide services; medical supplies,\\nequipment and appliances suitable for use in the home; and at least one\\nadditional service which may include, but not limited to, the provisions\\nof physical therapy, occupational therapy, speech pathology, nutritional\\nservices and medical social services.\\n 4. \"Home health aide services\" means simple health care tasks,\\npersonal hygiene services, housekeeping tasks essential to the patient's\\nhealth and other related supportive services. Such services shall be\\nprescribed by a physician in accordance with a plan of treatment for the\\npatient and shall be under the supervision of a registered professional\\nnurse from a certified home health agency or, when appropriate, from a\\nprovider of a long term home health care program and of the appropriate\\nprofessional therapist from such agency or provider when the aide\\ncarries out simple procedures as an extension of physical, speech or\\noccupational therapy. Such services may also be prescribed or ordered by\\na nurse practitioner to the extent authorized by law and consistent with\\nsubdivision three of section six thousand nine hundred two of the\\neducation law and not prohibited by federal law or regulation.\\n 5. \"Personal care services\" means services to assist with personal\\nhygiene, dressing, feeding and household tasks essential to the\\npatient's health. Such services shall be prescribed by a physician in\\naccordance with a plan of home care supervised by a registered\\nprofessional nurse. Such services may also be prescribed or ordered by a\\nnurse practitioner to the extent authorized by law and consistent with\\nsubdivision three of section six thousand nine hundred two of the\\neducation law and not prohibited by federal law or regulations.\\n 6. \"Homemaker services\" means assistance and instruction in managing\\nand maintaining a household, dressing, feeding, and incidental household\\ntasks for persons at home because of illness, incapacity, or the absence\\nof a caretaker relative. Such services shall be provided by persons who\\nmeet the standards established by the department of social services.\\n 7. \"Housekeeper services\" or \"chore services\" means the provision of\\nlight work or household tasks which do not require the services of a\\ntrained homemaker. Such services may be provided for persons at home\\nbecause of illness, incapacity, or the absence of a caretaker relative\\nby persons who meet the standards established by the department of\\nsocial services.\\n 8. \"Long term home health care program\" means a coordinated plan of\\ncare and services provided at home to invalid, infirm, or disabled\\npersons who are medically eligible for placement in a hospital or\\nresidential health care facility for an extended period of time if such\\nprogram were unavailable.\\n a. Such program shall be provided in the person's home or in the home\\nof a responsible relative or other responsible adult.\\n b. Such program shall be provided in adult care facilities, other than\\nshelters for adults, certified pursuant to section four hundred sixty-b\\nof the social services law, provided that the person meets the admission\\nand continued stay criteria for such facility. Services provided by the\\nprogram shall not duplicate or replace those which the facility is\\nrequired by law or regulation to provide.\\n c. Approved long term home health care program providers may include,\\nas part of their long term home health care program, upon approval by\\nthe commissioner, a discrete AIDS home care program as defined in this\\nsection.\\n 9. \"Hospital\" means a hospital as defined in section twenty-eight\\nhundred one of this chapter.\\n 10. \"Residential health care facility\" means a residential health care\\nfacility as defined in section twenty-eight hundred one of this chapter.\\n 11. \"Government funds\" means funds provided under the provisions of\\ntitle eleven of article five of the social services law.\\n 12. \"Construction\" means the addition or deletion of services offered;\\na change in the agency's geographic service area; the erection,\\nbuilding, or substantial acquisition or alteration of a physical\\nstructure or equipment; or a substantial change in the method of\\nproviding services.\\n 13. \"Licensed home care services agency\" means a home care services\\nagency, issued a license pursuant to section three thousand six hundred\\nfive of this chapter.\\n 14. \"AIDS home care program\" means a coordinated plan of care and\\nservices provided at home to persons who are medically eligible for\\nplacement in a hospital or residential health care facility and who (a)\\nare diagnosed by a physician as having acquired immune deficiency\\nsyndrome (AIDS), or (b) are deemed by a physician, within his judgment,\\nto be infected with the etiologic agent of acquired immune deficiency\\nsyndrome, and who has an illness, infirmity or disability which can be\\nreasonably ascertained to be associated with such infection. Such\\nprogram shall be provided only by a provider of a long term home health\\ncare program specifically authorized pursuant to this article to provide\\nan AIDS home care program or by an AIDS center, as defined in\\nregulations promulgated by the commissioner, specifically authorized\\npursuant to this article to provide an AIDS home care program. Such\\nprogram shall be provided in the person's home or in the home of a\\nresponsible relative, other responsible adult, adult care facilities\\nspecifically approved to admit or retain residents for such program, or\\nin other residential settings as approved by the commissioner in\\nconjunction with the commissioner of social services. Such program shall\\nprovide services including, but not be limited to, the full complement\\nof health, social and environmental services provided by long term home\\nhealth care programs in accordance with regulations promulgated by the\\ncommissioner. Such programs shall also provide such other services as\\nrequired by the commissioner to assure appropriate care at home for\\npersons eligible under this section.\\n * 15. \"Limited home care services agency\" means a certified operator\\nof an adult home or an enriched housing program which directly provides:\\npersonal care services authorized and provided in accordance with rules\\nand regulations of the department of social services; and the\\nadministration of medications and application of sterile dressings by a\\nregistered nurse, provided, however, that the services provided by such\\nagency are not services that must be provided to residents of such\\nfacilities pursuant to article seven of the social services law and\\nrules and regulations of the department of social services. Such\\noperator may provide these services only to residents of the adult home\\nor enriched housing program governed by the terms of such limited\\nlicense.\\n * NB Expires June 30, 2021\\n 16. \"Public health council\" and \"state hospital review and planning\\ncouncil\" shall mean the public health and health planning council.\\n * 17. \"Advanced home health aides\" means home health aides who are\\nauthorized to perform advanced tasks as delineated in subdivision two of\\nsection sixty-nine hundred eight of the education law and regulations\\nissued by the commissioner of education relating thereto. The\\ncommissioner shall promulgate regulations regarding such aides, which\\nshall include a process for the limitation or revocation of the advanced\\nhome health aide's authorization to perform advanced tasks in\\nappropriate cases.\\n * NB Repealed March 31, 2023\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3605", "title" : "Licensure of home care services agencies", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-05-01", "2017-07-07", "2018-04-20", "2018-07-06", "2019-07-12", "2020-04-03", "2021-07-02", "2023-07-07", "2024-02-09", "2025-05-16" ], "docLevelId" : "3605", "activeDate" : "2019-07-12", "sequenceNo" : 1567, "repealedDate" : null, "fromSection" : "3605", "toSection" : "3605", "text" : " § 3605. Licensure of home care services agencies. 1. After April\\nfirst, nineteen hundred eighty-six, no home care services agency which\\nis engaged in providing, directly or through contract arrangement,\\nnursing services, home health aide services, or personal care services\\nshall be operated without a license issued by the commissioner in\\naccordance with the standards set forth in this section; provided\\nhowever, an agency which provides personal care or home care services\\nexclusively to individuals pursuant to a program administered, operated\\nor regulated by another state agency or an organization licensed and\\noperating exclusively as a nurses' registry pursuant to article eleven\\nof the general business law shall be exempt from the licensure\\nrequirements of this chapter. The licensure requirements of this chapter\\nshall not apply to sole practitioners licensed pursuant to sections six\\nthousand nine hundred five and six thousand nine hundred six of the\\neducation law.\\n 2. The commissioner shall not issue a license to any home care\\nservices agency except with the written approval of the public health\\nand health planning council issued pursuant to the provisions of this\\nsection.\\n 3. An application for licensure as a home care services agency shall\\nbe filed with the public health and health planning council together\\nwith such other forms and information as shall be prescribed by, or\\nacceptable to, the public health and health planning council.\\nThereafter, the public health and health planning council shall forward\\nfor comment, if any, a copy of the application for licensure and\\naccompanying documents to the health systems agency, if any, having\\ngeographical jurisdiction of the area where the services of the proposed\\nagency are to be offered. The public health and health planning council\\nshall act upon such application, after the health systems agency has had\\nreasonable time to submit its comments, based solely upon criteria\\nprovided for in subdivision four of this section. If the public health\\nand health planning council proposes to disapprove the application, it\\nshall notify the applicant, provide reasons for disapproval and afford\\nthe applicant a hearing on the application, if requested, or on its own\\nmotion. Any hearing held pursuant to this subdivision may be conducted\\nby the public health and health planning council or by any individual\\ndesignated by the public health and health planning council.\\n * 4. The public health and health planning council shall not approve\\nan application for licensure unless it is satisfied as to the character,\\ncompetence and standing in the community of the applicant's\\nincorporators, directors, sponsors, stockholders or operators.\\n * NB Effective until April 1, 2020\\n * 4. The public health and health planning council shall not approve\\nan application for licensure unless it is satisfied as to: (a) the\\npublic need for the existence of the licensed home health care service\\nagency at the time and place and under the circumstances proposed; (b)\\nthe character, competence and standing in the community of the\\napplicant's incorporators, directors, sponsors, stockholders or\\noperators; (c) the financial resources of the proposed licensed home\\nhealth care service agency and its sources of financial revenues; and\\n(d) such other matters as it shall deem pertinent.\\n * NB Effective April 1, 2020\\n 5. A license shall not be issued by the commissioner unless he finds\\nthat the equipment, personnel, rules, standards of care, and home care\\nservices are fit and adequate, and that the home care services will be\\nprovided in the manner required by this article and the rules and\\nregulations thereunder.\\n * 6. Neither public need, tax status nor profit-making status shall be\\ncriteria for licensure.\\n * NB Effective until April 1, 2020\\n * 6. Neither tax status nor profit-making status shall be criteria for\\nlicensure.\\n * NB Effective April 1, 2020\\n 7. An agency licensed pursuant to this section shall be authorized to\\nprovide nursing services, home health aide services or personal care\\nservices.\\n 8. Agencies licensed pursuant to this section but not certified\\npursuant to section three thousand six hundred eight of this article,\\nshall not be qualified to participate as a home health agency under the\\nprovisions of title XVIII or XIX of the federal Social Security Act\\nprovided, however, an agency which has a contract with a state agency or\\nits locally designated office or, as specified by the commissioner, with\\na managed care organization participating in the managed care program\\nestablished pursuant to section three hundred sixty-four-j of the social\\nservices law or with a managed long term care plan established pursuant\\nto section forty-four hundred three-f of this chapter, may receive\\nreimbursement under title XIX of the federal Social Security Act.\\n * 9. An entity which seeks approval as a limited home care services\\nagency must meet the requirements of this section, the rules and\\nregulations of the department, and must be a certified operator of an\\nadult home or enriched housing program pursuant to article seven of the\\nsocial services law. The commissioner shall approve only those\\napplicants that the commissioner of the department of social services\\nhas listed as eligible pursuant to the requirements of paragraph (a) of\\nsubdivision eleven of this section.\\n * NB Expires June 30, 2021\\n * 10. The department shall notify the department of social services of\\nany action taken against a limited home care services agency pursuant to\\nsection thirty-six hundred five-a of this article.\\n * NB Expires June 30, 2021\\n * 11. For purposes of this subdivision, eligibility of limited home\\ncare services agencies licensed by the department shall be as follows:\\n (a) Only those certified operators of adult homes and enriched housing\\nprograms that provide services that are consistent with the needs of\\neach resident, meet the standards governing the operation of such\\nfacilities in accordance with the provisions of article seven of the\\nsocial services law, and provide quality care shall be considered by the\\ndepartment as eligible for licensure.\\n (b) An operator that has received current official written notice from\\nthe department of social services of any enforcement action pursuant to\\nsection four hundred sixty-d of the social services law shall not be\\neligible for such certification.\\n (c) Such current enforcement action, when resolved to the satisfaction\\nof the commissioner of social services, shall not itself preclude an\\notherwise eligible applicant from licensure approval but shall be\\nconsidered by the department in determining the character, competence,\\nand standing in the community of the applicant pursuant to subdivision\\nfour of this section.\\n (d) If the department receives notice from the department of social\\nservices that a certified operator of an adult home or enriched housing\\nprogram that is licensed as a limited home care services agency has\\nreceived official written notice from the department of social services\\nof a proposed enforcement action taken pursuant to section four hundred\\nsixty-d of the social services law, the department shall review the\\ndelivery of home care services to determine whether such agency is\\nmeeting all applicable regulations and standards.\\n * NB Expires June 30, 2021\\n * 12. Notwithstanding any law to the contrary, the commissioner shall\\nhave the authority to limit the number of adult homes and enriched\\nhousing programs eligible for licensure under this section.\\n * NB Expires June 30, 2021\\n 13. The commissioner shall charge to applicants for the licensure of\\nhome care services agencies an application fee of two thousand dollars.\\nAll fees pursuant to this section shall be payable to the department of\\nhealth for deposit into the special revenue funds - other, miscellaneous\\nspecial revenue fund - 339, certificate of need account.\\n 14. Notwithstanding any contrary provision of law and subject to the\\navailability of federal financial participation, for periods on and\\nafter April first, two thousand fourteen, the commissioner is authorized\\nto make temporary periodic lump-sum Medicaid payments to licensed home\\ncare service agencies (\"LHCSA\") principally engaged in providing home\\nhealth services to Medicaid patients, in accordance with the following:\\n (a) Eligible LHCSA providers shall include:\\n (i) providers undergoing closure;\\n (ii) providers impacted by the closure of other health care providers;\\n (iii) providers subject to mergers, acquisitions, consolidations or\\nrestructuring;\\n (iv) providers impacted by the merger, acquisition, consolidation or\\nrestructuring of other health care providers; or\\n (v) providers seeking to ensure that access to care is maintained.\\n (b) Providers seeking Medicaid payments under this subdivision shall\\ndemonstrate through submission of a written proposal to the commissioner\\nthat the additional resources provided by such Medicaid payments will\\nachieve one or more of the following:\\n (i) protect or enhance access to care;\\n (ii) protect or enhance quality of care;\\n (iii) improve the cost effectiveness of the delivery of health care\\nservices; or\\n (iv) otherwise protect or enhance the health care delivery system, as\\ndetermined by the commissioner.\\n (c) (i) Such written proposal shall be submitted to the commissioner\\nat least sixty days prior to the requested commencement of such Medicaid\\npayments and shall include a proposed budget to achieve the goals of the\\nproposal. Any Medicaid payments issued pursuant to this subdivision\\nshall be made over a specified period of time, as determined by the\\ncommissioner, of up to three years. At the end of the specified\\ntimeframe such payments shall cease. The commissioner may establish, as\\na condition of receiving such Medicaid payments, benchmarks and goals to\\nbe achieved in conformity with the provider's written proposal as\\napproved by the commissioner and may also require that the provider\\nsubmit such periodic reports concerning the achievement of such\\nbenchmarks and goals as the commissioner deems necessary. Failure to\\nachieve satisfactory progress, as determined by the commissioner, in\\naccomplishing such benchmarks and goals shall be a basis for ending the\\nprovider's Medicaid payments prior to the end of the specified\\ntimeframe.\\n (ii) The commissioner may require that applications submitted pursuant\\nto this subdivision be submitted in response to and in accordance with a\\nRequest For Applications or a Request For Proposals issued by the\\ncommissioner.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3605-A", "title" : "Proceedings involving the license of a home care services agency", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2018-04-20" ], "docLevelId" : "3605-A", "activeDate" : "2018-04-20", "sequenceNo" : 1568, "repealedDate" : null, "fromSection" : "3605-A", "toSection" : "3605-A", "text" : " § 3605-a. Proceedings involving the license of a home care services\\nagency. 1. A license of a home care services agency may be revoked,\\nsuspended, limited or annulled by the commissioner on proof that it has\\nfailed to comply with the provisions of this article or rules and\\nregulations promulgated thereunder.\\n 2. No such license shall be revoked, suspended, limited, annulled or\\ndenied without a hearing. However, a license may be temporarily\\nsuspended or limited without a hearing for a period not in excess of\\nthirty days upon written notice to the agency following a finding by the\\ndepartment that the public health or safety is in imminent danger.\\nNotwithstanding the provisions of this section, no licensed home care\\nservices agency shall be permitted to operate unless it has registered\\nwith the department pursuant to section thirty-six hundred five-b of\\nthis article.\\n 3. The commissioner shall fix a time and place for the hearing. A copy\\nof the charges, together with the notice of the time and place of the\\nhearing, shall be served in person or mailed by registered or certified\\nmail to the agency at least twenty-one days before the date fixed for\\nthe hearing. The agency shall file with the department not less than\\neight days prior to the hearing, a written answer to the charges.\\n 4. All orders or determinations hereunder shall be subject to review\\nas provided in article seventy-eight of the civil practice law and\\nrules. Application for such review must be made within sixty days after\\nservice in person or by registered or certified mail of a copy of the\\norder or determination upon the applicant or agency.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3605-B", "title" : "Registration of licensed home care services agencies", "docType" : "SECTION", "publishedDates" : [ "2018-04-20" ], "docLevelId" : "3605-B", "activeDate" : "2018-04-20", "sequenceNo" : 1569, "repealedDate" : null, "fromSection" : "3605-B", "toSection" : "3605-B", "text" : " § 3605-b. Registration of licensed home care services agencies. 1. (a)\\nNotwithstanding any provision of law to the contrary, no licensed home\\ncare services agency (LHCSA) licensed pursuant to section thirty-six\\nhundred five of this article shall be operated, provide nursing\\nservices, home health aide services, or personal care services, or\\nreceive reimbursement from any source for the provision of such services\\nduring any period of time on or after January first, two thousand\\nnineteen, unless it has registered with the commissioner in a manner\\nprescribed by the department.\\n (b) A LHCSA that fails to submit a complete and accurate set of all\\nrequired registration materials by the deadline established by the\\ncommissioner shall be required to pay a fee of five hundred dollars for\\neach month or part thereof that the LHCSA is in default. A LHCSA that\\nfailed to register in the prior year by the deadline of the current year\\nshall not be permitted to register for the upcoming registration period\\nunless it submits any unpaid late fees.\\n (c) The department shall post on its public website a list of all\\nLHCSAs, which shall indicate the current registration status of each\\nLHCSA.\\n (d) The department shall institute proceedings to revoke the license\\nof any LHCSA that fails to register for two annual registration periods,\\nwhether or not such periods are consecutive. The department shall have\\nthe discretion to pursue revocation of the license of a LHCSA on grounds\\nthat it evidences a pattern of late registration over the course of\\nmultiple years.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3606", "title" : "Establishment of certified home health agencies", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3606", "activeDate" : "2014-09-22", "sequenceNo" : 1570, "repealedDate" : null, "fromSection" : "3606", "toSection" : "3606", "text" : " § 3606. Establishment of certified home health agencies. 1. The\\ncommissioner shall not issue a certificate of approval to any home care\\nservices agency except with the written approval of the public health\\nand health planning council. However, a residential health care facility\\nor hospital making application to the commissioner solely for\\nauthorization to provide a long term home health care program shall be\\ndeemed to have met such requirement, provided that the facility or\\nhospital possesses a valid operating certificate under article\\ntwenty-eight of this chapter.\\n 2. An application for approval of the proposed certified home health\\nagency shall be filed with the public health and health planning council\\ntogether with such other forms and information as shall be prescribed\\nby, or acceptable to, the public health and health planning council.\\nThereafter, the public health and health planning council shall forward\\na copy of the proposed application for establishment and accompanying\\ndocuments to the health systems agency, if any, having geographical\\njurisdiction of the area where the services of the proposed certified\\nhome health agency are to be offered. The public health and health\\nplanning council shall act upon such application after the health\\nsystems agency has had a reasonable time to submit its recommendations.\\nAt the time members of the public health and health planning council are\\nnotified that an application is scheduled for consideration, the\\napplicant and the health systems agency shall be so notified in writing.\\nThe public health and health planning council shall not take any action\\ncontrary to the advice of the health systems agency until it affords to\\nthe health systems agency an opportunity to request a public hearing\\nand, if so requested, a public hearing shall be held. If the public\\nhealth and health planning council proposes to disapprove the\\napplication it shall afford the applicant an opportunity to request a\\npublic hearing. The public health and health planning council may hold a\\npublic hearing on the application on its own motion. Any public hearing\\nheld pursuant to this subdivision may be conducted by the public health\\nand health planning council or by any individual designated by the\\npublic health and health planning council.\\n The public health and health planning council shall not approve an\\napplication for establishment unless it is satisfied, insofar as\\napplicable, as to (a) the public need for the existence of the certified\\nhome health agency at the time and place and under the circumstances\\nproposed; (b) the character, competence, and standing in the community,\\nof the proposed incorporators, directors and sponsors; (c) the financial\\nresources of the proposed certified home health agency and its sources\\nof future revenues; and (d) such other matters as it shall deem\\npertinent.\\n Neither the tax status nor profit-making status of proposed certified\\nhome health agencies shall be criteria for establishment.\\n 3. An application for establishment by a home care services agency in\\nexistence and operating on the effective date of this section shall be\\nacted upon by the public health council within twelve months of the\\nsubmission of such application.\\n 4. (a) The commissioner shall charge to applicants for the\\nestablishment of certified home health agencies an application fee of\\ntwo thousand dollars.\\n (b) An applicant for both establishment and construction of a\\ncertified home health agency shall not be subject to this subdivision\\nand shall be subject to fees and charges as set forth in section\\nthirty-six hundred six-a of this article.\\n (c) The fees and charges paid by an applicant pursuant to this\\nsubdivision for any application approved in accordance with this section\\nshall be deemed allowable costs in the determination of reimbursement\\nrates established pursuant to this article. All fees pursuant to this\\nsection shall be payable to the department of health for deposit into\\nthe special revenue funds - other, miscellaneous special revenue fund -\\n339, certificate of need account.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3606-A", "title" : "Certified home health agency construction", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3606-A", "activeDate" : "2014-09-22", "sequenceNo" : 1571, "repealedDate" : null, "fromSection" : "3606-A", "toSection" : "3606-A", "text" : " § 3606-a. Certified home health agency construction. 1. The\\nconstruction of a certified home health agency shall require the prior\\napproval of the commissioner.\\n 2. An application for such construction shall be filed with the\\ndepartment, together with such other forms and information as shall be\\nprescribed by, or acceptable to, the department. Thereafter the\\ndepartment shall forward a copy of the application and accompanying\\ndocuments to the public health and health planning council and the\\nhealth systems agency, if any, having geographical jurisdiction of the\\narea where the agency is located.\\n 3. The commissioner shall not act upon an application for construction\\nunless (a) the applicant has obtained all approvals and consents\\nrequired by law for its incorporation or establishment (including the\\napproval of the public health and health planning council pursuant to\\nthe provisions of this article) and until the public health and health\\nplanning council and the health systems agency, if any, concerned have\\nhad a reasonable time to submit their recommendations; and (b) the\\ncommissioner is satisfied as to the public need for the construction, at\\nthe time and place and under the circumstances proposed.\\n 4. Subject to the provisions of paragraph (b) of subdivision three of\\nthis section, the commissioner in approving the construction shall take\\ninto consideration and be empowered to request information and advice as\\nto (a) the availability of facilities or services which currently serve\\nas alternatives or substitutes for the whole or any part of the proposed\\nconstruction;\\n (b) the need for program changes in view of existing utilization at\\nthe time and place and under the circumstances proposed; and\\n (c) the adequacy of financial resources and sources of future revenue.\\n 5. In determining whether there is a public need for the proposed\\nconstruction pursuant to subdivisions three and four of this section,\\nthe commissioner shall consider the advice of the state health planning\\nand development agency designated pursuant to the provisions of the\\nnational health planning and resources development act of nineteen\\nhundred seventy-four and any amendments thereto.\\n 6. No government agency shall construct any certified home health\\nagency without securing the written approval of the commissioner in\\naccordance with the applicable requirements and procedures of the\\npreceding subdivisions.\\n 7. If the commissioner proposes to disapprove an application for\\nconstruction of a certified home health agency, he shall afford the\\napplicant an opportunity to request a public hearing. The commissioner\\nshall not take any action contrary to the advice of the health systems\\nagency until he affords an opportunity to the agency to request a public\\nhearing and, if so requested, a public hearing shall be held.\\n 8. The commissioner, on his own motion, may hold a public hearing on\\nan application for construction of a certified home health agency.\\n 9. (a) The commissioner shall charge to applicants for construction of\\ncertified home health agencies an application fee of two thousand\\ndollars. Each such applicant shall, at such time as the commissioner's\\nwritten approval of the construction is granted, pay an additional fee\\nof thirty hundredths of one percent of the total capital value of the\\napplication.\\n (b) The fees and charges paid by an applicant pursuant to this\\nsubdivision for any application approved in accordance with this section\\nshall be deemed allowable costs in the determination of reimbursement\\nrates established pursuant to this article. All fees pursuant to this\\nsection shall be payable to the department of health for deposit into\\nthe special revenue funds - other, miscellaneous special revenue fund -\\n339, certificate of need account.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3607", "title" : "Grants for expansion of services", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3607", "activeDate" : "2014-09-22", "sequenceNo" : 1572, "repealedDate" : null, "fromSection" : "3607", "toSection" : "3607", "text" : " § 3607. Grants for expansion of services. 1. The commissioner is\\nhereby authorized, within the amount allocated pursuant to subdivisions\\none, two and three of section thirty-six hundred fifteen of this\\narticle, to make grants to certified public and voluntary non-profit\\nhome health agencies for the purpose of increasing the availability of\\nhome health care services. Such grants shall be utilized to increase the\\nnumber of persons provided services, the kind of services provided,\\nincluding medical, social and environmental services, the sharing of\\nservices or to improve or expand the method or frequency of the delivery\\nof home health care services. Grant applications shall include specific\\nplans to provide the following:\\n a. an expansion of the types of services made available to persons at\\nhome as provided for in subdivision two of section thirty-six hundred\\ntwo of this chapter;\\n b. an increase in the number of persons provided home care services by\\nthe certified home health agency, directly or through contractual\\narrangement, or to provide for the availability of certified home health\\nagency services on a seven-day-a-week basis;\\n c. the development of training programs approved by the commissioner\\nto improve the quality of services provided by the certified home health\\nagency;\\n d. the development of programs to coordinate the work of the certified\\nhome health agency with other community resources, including but not\\nlimited to other certified home health agencies, hospitals, and social\\nservices agencies;\\n e. demonstration projects to provide care in the home by using\\nmethods, programs, or arrangements not ordinarily used by certified home\\nhealth agencies, and that will help to determine the most appropriate\\nmeans of reducing institutional care and of providing better quality\\nhome care services, most cost-effective home care services, and more\\naccessible home care services;\\n f. the development of programs to improve home care patients' access\\nto primary health services; or\\n g. the development of \"home care volunteer programs for maternal and\\nchild health\" pursuant to subdivision two of this section.\\n 2. a. For purposes of this section, \"home care volunteer program for\\nmaternal and child health\" shall mean a program developed, coordinated\\nand provided by a certified home health agency for purposes of assisting\\npregnant women and children. Such assistance shall include but not be\\nlimited to: guidance in self care related to prenatal care and post\\npartum care such as information concerning proper nutrition, exercise,\\nhygiene, drug, tobacco and alcohol use, and breast feeding; guidance in\\ninfant care; friendly visiting; and telephone reassurance. Such\\nassistance may also include home maintenance, child care and shopping.\\nAdditional services which the agency may provide in conjunction with the\\nprogram shall include nursing, social work, home health aide and other\\napproved agency services necessary to serve this population.\\n b. In providing such program, a certified home health agency shall\\nutilize volunteers, especially women who have had children and who are\\nwilling and able to provide non-medical assistance to women for prenatal\\ncare and infant care.\\n c. The certified home health agency shall recruit, train and supervise\\nvolunteers for the program and shall assure that such volunteers are\\ncompetent to perform the required tasks and are suited to the client.\\nThe agency shall designate a person responsible for management of the\\nprogram.\\n d. Certified home health agencies which provide home care volunteer\\nprograms for maternal and child health shall establish provisions for\\nreferral and case coordination with prenatal care providers as defined\\nin section three hundred sixty-five-k of the social services law.\\n 3. A public or voluntary non-profit certified home health agency may\\nmake application for such grant in the manner and form prescribed by the\\ncommissioner. Grant applications may be made for up to a three-year\\nperiod; however, grant awards shall be for one-year periods, subject to\\nannual renewal upon approval by the commissioner.\\n 4. A grant amount available under this program shall not exceed the\\ntotal cost of providing the additional services, as specified in the\\napplication, less any income from governmental, third party or any other\\nsources accruing as a result of the provision of such additional\\nservices. Grants may not be used for agency capital construction\\npurposes. The initial grant and first year renewal may be no more than\\none hundred percent of the net cost of providing such additional\\nservices. Any grants provided for a third year shall be no more than\\nseventy-five percent of the initial year's grant. No grant shall exceed\\none hundred thousand dollars per annum.\\n 5. A grantee must certify to the commissioner that all available\\nreimbursement for services has been and will be sought. To be eligible\\nfor a renewal grant, the level and amount of services provided during\\nany previous grant period may not be decreased without the prior\\napproval of the commissioner, and the grantee shall identify and certify\\nthat sufficient funds are available to maintain previous levels and\\namounts of service.\\n 6. In awarding grants pursuant to this section, the commissioner and\\nthe advisory group established pursuant to subdivision six of section\\nthirty-six hundred fifteen of this article shall take into\\nconsideration, in relation to the area served, the following factors:\\nthe number of patients awaiting discharge from hospitals or residential\\nhealth care facilities for whom home care services are appropriate, the\\nproportion of patients inappropriately placed in hospitals and\\nresidential health care facilities who could be served by in-home care,\\nthe scope, quantity and accessibility of currently available home health\\nservices, the ability of the agency to continue the expanded services\\nupon expiration of the grant, and such other factors as the commissioner\\nmay determine are relevant to the public need for home health services.\\n 7. In addition to the requirements of this section, the commissioner\\nshall approve grant applications in accordance with the provisions of\\nsubdivisions five, six and seven of section thirty-six hundred fifteen\\nof this article.\\n 8. Funds for such grants shall be made available pursuant to the\\nfunding formula and allocations provided in subdivisions one, two and\\nthree of section thirty-six hundred fifteen of this article.\\n 9. The commissioner, shall promulgate rules and regulations necessary\\nto administer this section.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3608", "title" : "Certification of home care services agencies", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3608", "activeDate" : "2014-09-22", "sequenceNo" : 1573, "repealedDate" : null, "fromSection" : "3608", "toSection" : "3608", "text" : " § 3608. Certification of home care services agencies. 1. The\\ncommissioner shall issue a certificate of approval to any home care\\nservices agency qualified to participate as a home health agency under\\ntitles XVIII and XIX of the federal Social Security Act applying\\ntherefor which complies with the provision of this article and the rules\\nand regulations promulgated pursuant thereto, in accordance with the\\nstandards and procedures adopted by the state hospital review and\\nplanning council.\\n 2. A certified home health agency certificate of approval may be\\nrevoked, suspended, limited or annulled by the commissioner on proof\\nthat the certified home health agency has failed to comply with the\\nprovisions of this article or rules and regulations promulgated\\nthereunder.\\n 3. No certified home health agency certificate of approval shall be\\nrevoked, suspended, limited or annulled without a hearing. However, a\\ncertificate may be temporarily suspended or limited without a hearing\\nfor a period not in excess of thirty days upon written notice to the\\ncertified home health agency following a finding by the department that\\nthe public health or safety is in imminent danger.\\n 4. The commissioner shall fix a time and place for the hearing. A copy\\nof the charges, together with the notice of the time and place of the\\nhearing, shall be served in person or mailed by registered or certified\\nmail to the certified home health agency at least twenty-one days before\\nthe date fixed for the hearing. The certified home health agency shall\\nfile with the department not less than eight days prior to the hearing,\\na written answer to the charges.\\n 5. All orders or determinations hereunder shall be subject to review\\nas provided in article seventy-eight of the civil practice law and\\nrules. Application for such review must be made within sixty days after\\nservice in person or by registered or certified mail of a copy of the\\norder or determination upon the applicant.\\n 6. (a) Notwithstanding the provisions of subdivisions three through\\nfive of this section, the commissioner shall suspend, limit or revoke a\\ncertified home health agency certificate of approval after taking into\\nconsideration the public need for the agency and the availability of\\nother services which may serve as alternatives or substitutes, and after\\nfinding that suspending, limiting, or revoking the certificate of\\napproval of such agency would be within the public interest in order to\\nconserve health resources by restricting the level of services to those\\nwhich are actually needed.\\n (b) Whenever any finding as described in paragraph (a) of this\\nsubdivision is under consideration with respect to any particular\\ncertified home health agency, the commissioner shall cause to be\\npublished, in a newspaper of general circulation in the geographic area\\nof the agency, at least thirty days prior to making such a finding an\\nannouncement that such a finding is under consideration and an address\\nto which interested persons can write to make their views known. The\\ncommissioner shall take all public comments into consideration in making\\nsuch a finding.\\n (c) The commissioner shall, upon making any finding described in\\nparagraph (a) of this subdivision with respect to any certified home\\nhealth agency, cause such agency and the appropriate health systems\\nagency to be notified of the finding at least thirty days in advance of\\ntaking the proposed action to revoke, suspend or limit such agency's\\ncertificate of approval. Upon receipt of any such notification and\\nbefore the expiration of the thirty days or such longer period as may be\\nspecified in the notice, the certified home health agency or the\\nappropriate health sytems agency may request a public hearing to be held\\nin the county in which the agency is located. In no event shall the\\nrevocation, suspension or limitation take effect prior to the thirtieth\\nday after the date of the notice, or prior to the effective date\\nspecified in the notice or prior to the date of the hearing decision,\\nwhichever is later.\\n (d) Except as otherwise provided by law, all appeals from a finding of\\nthe commissioner made pursuant to paragraph (a) of this subdivision\\nshall be directly to the appellate division of the supreme court in the\\nthird department. Except as otherwise expressly provided by law, such\\nappeals shall have preference over all issues in all courts.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3609", "title" : "Grants for planning an establishment of new certified home health agencies", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3609", "activeDate" : "2014-09-22", "sequenceNo" : 1574, "repealedDate" : null, "fromSection" : "3609", "toSection" : "3609", "text" : " § 3609. Grants for planning an establishment of new certified home\\nhealth agencies. 1. The commissioner is hereby authorized, within the\\namount allocated pursuant to subdivisions one, two and three of section\\nthirty-six hundred fifteen of this article, to make grants to voluntary\\nnot-for-profit organizations in areas of the state determined by the\\ncommissioner to be in need of home care services.\\n 2. Such grants shall be awarded for the purposes of planning for\\nestablishment as a certified home health agency pursuant to section\\nthirty-six hundred six of this chapter.\\n 3. Such grants shall not exceed twenty thousand dollars per annum and\\nare not renewable.\\n 4. The grant applications shall include such information as required\\nby the commissioner.\\n 5. Funds for such grants shall be made available pursuant to the\\nfunding formula and allocations as provided in subdivisions one, two and\\nthree of section thirty-six hundred fifteen of this article.\\n 6. The commissioner shall approve applications in accordance with the\\nprovisions of subdivisions five, six and seven of section thirty-six\\nhundred fifteen of this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3610", "title" : "Authorization to provide a long term home health care program", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3610", "activeDate" : "2014-09-22", "sequenceNo" : 1575, "repealedDate" : null, "fromSection" : "3610", "toSection" : "3610", "text" : " § 3610. Authorization to provide a long term home health care program.\\n1. A long term home health care program may be provided only by a\\ncertified home health agency, or by a residential health care facility\\nor hospital possessing a valid operating certificate issued under\\narticle twenty-eight of this chapter. No agency, facility or hospital\\nshall provide a long term home health care program without the written\\nauthorization of the commissioner to provide such a program.\\n 2. A hospital, residential health care facility, or certified home\\nhealth agency seeking authorization to provide a long term home health\\ncare program shall transmit to the commissioner an application setting\\nforth the scope of the proposed program. Such application shall be in a\\nformat and shall be submitted in a quantity determined by the\\ncommissioner. The commissioner shall transmit the application to the\\npublic health and health planning council and to the health systems\\nagency, if any, having geographic jurisdiction of the area where the\\nproposed program is to be located. The application shall include a\\ndetailed description of the proposed program including, but not limited\\nto, the following:\\n (a) an outline of the institution's or agency's plans for the program;\\n (b) the need for the proposed program;\\n (c) the number and types of personnel to be employed;\\n (d) the ability of the agency, hospital, or facility to provide the\\nprogram;\\n (e) the estimated number of visits to be provided;\\n (f) the geographic area in which the proposed programs will be\\nprovided;\\n (g) any special or unusual services, programs, or equipment to be\\nprovided;\\n (h) a demonstration that the proposed program is feasible and adequate\\nin terms of both short range and long range goals;\\n (i) such other information as the commissioner may require.\\n The health systems agency and the public health and health planning\\ncouncil shall review the application and submit their recommendations to\\nthe commissioner. At the time members of the public health and health\\nplanning council are notified that an application is scheduled for\\nconsideration, the applicant and the health systems agency shall be so\\nnotified in writing. The health systems agency or the public health and\\nhealth planning council shall not recommend approval of the application\\nunless it is satisfied as to:\\n (a) the public need for the program at the time and place and under\\nthe circumstances proposed;\\n (b) the financial resources of the provider of the proposed program\\nand its sources of future revenues;\\n (c) the ability of the proposed program to meet those standards\\nestablished for participation as a home health agency under title XVIII\\nof the federal Social Security Act; and\\n (d) such other matters as it shall deem pertinent.\\n After receiving and considering the recommendations of the public\\nhealth and health planning council and the health systems agency, the\\ncommissioner shall make his or her determination. The commissioner shall\\nact upon an application after the public health and health planning\\ncouncil and the health systems agency have had a reasonable time to\\nsubmit their recommendations. The commissioner shall not take any action\\ncontrary to the advice of either until he or she affords to either an\\nopportunity to request a public hearing and, if so requested, a public\\nhearing shall be held. The commissioner shall not approve the\\napplication unless he or she is satisfied as to the detailed description\\nof the proposed program and\\n (a) the public need for the existence of the program at the time and\\nplace and under the circumstances proposed;\\n (b) the financial resources of the provider of the proposed program\\nand its sources of future revenues;\\n (c) the ability of the proposed program to meet those standards\\nestablished for participation as a home health agency under title XVIII\\nof the federal Social Security Act; and\\n (d) such other matters as he or she shall deem pertinent.\\n If the application is approved, the applicant shall be so notified in\\nwriting. The commissioner's written approval of the application shall\\nconstitute authorization to provide a long term home health care\\nprogram. If the commissioner proposes to disapprove the application, he\\nor she shall notify the applicant in writing, stating his or her reasons\\nfor disapproval, and afford the applicant an opportunity for a public\\nhearing.\\n 3. Authorization to provide a long term home health program may be\\nrevoked, suspended, limited or annulled by the commissioner on proof\\nthat a provider of a long term home health care program has failed to\\ncomply with the provisions of this article or rules and regulations\\npromulgated thereunder.\\n 4. (a) Such authorization shall not be revoked, suspended, limited or\\nannulled without a hearing. However, such authorization may be\\ntemporarily suspended or limited without a hearing for a period not in\\nexcess of thirty days upon written notice to the provider of a long term\\nhome health care program following a finding by the department that the\\npublic health or safety is in imminent danger.\\n (b) The commissioner shall fix a time and place for the hearing. A\\ncopy of the charges, together with the notice of the time and place of\\nthe hearing, shall be served in person or mailed by registered or\\ncertified mail to the provider of a long term home health care program\\nat least twenty-one days before the date fixed for the hearing. Such\\nprovider shall file with the department not less than eight days prior\\nto the hearing, a written answer to the charges.\\n (c) All orders or determinations hereunder shall be subject to review\\nas provided in article seventy-eight of the civil practice law and\\nrules. Application for such review must be made within sixty days after\\nservice in person or by registered or certified mail of a copy of the\\norder or determination upon the applicant.\\n 5. (a) Notwithstanding the provisions of subdivision four of this\\nsection, the commissioner shall suspend, limit or revoke the\\nauthorization of a provider of a long term home health care program\\nafter taking into consideration the public need for the program and the\\navailability of other services which may serve as alternatives or\\nsubstitutes, and after finding that suspending, limiting, or revoking\\nthe authorization of such provider would be within the public interest\\nin order to conserve health resources by restricting the level of\\nservices to those which are actually needed.\\n (c) Whenever any finding as described in paragraph (a) of this\\nsubdivision is under consideration with respect to any particular\\nprovider of a long term home health care program, the commissioner shall\\ncause to be published, in a newspaper of general circulation in the\\ngeographic area of such provider, at least thirty days prior to making\\nsuch a finding an annnouncement that such a finding is under\\nconsideration and an address to which interested persons can write to\\nmake their views known. The commissioner shall take all public comments\\ninto consideration in making such a finding.\\n (d) The commissioner shall, upon making any finding described in\\nparagraph (a) of this subdivision with respect to any provider of a long\\nterm home health care program, cause such provider and the appropriate\\nhealth systems agency to be notified of the finding at least thirty days\\nin advance of taking the proposed action. Upon receipt of any such\\nnotification and before the expiration of the thirty days or such longer\\nperiod as may be specified in the notice, the provider or the\\nappropriate health systems agency may request a public hearing to be\\nheld in the county in which the provider is located. In no event shall\\nthe revocation, suspension or limitation take effect prior to the\\nthirtieth day after the date of the notice, or prior to the effective\\ndate specified in the notice or prior to the date of the hearing\\ndecision, whichever is later.\\n (e) Except as otherwise provided by law, all appeals from a finding of\\nthe commissioner made pursuant to paragraph (a) of this subdivision\\nshall be directly to the appellate division of the supreme court in the\\nthird department. Except as otherwise expressly provided by law, such\\nappeals shall have preference over all issues in all courts.\\n 6. (a) The commissioner shall charge to applicants for the\\nauthorization or construction of long term home health care programs an\\napplication fee of two thousand dollars. Each such applicant shall, at\\nsuch time as the commissioner's written approval of a construction\\napplication is granted, pay an additional fee of thirty hundredths of\\none percent of the total capital value of the application.\\n (b) The fees paid by an applicant pursuant to this subdivision for any\\napplication approved in accordance with this section shall be deemed\\nallowable costs in the determination of reimbursement rates established\\npursuant to this article. All fees pursuant to this section shall be\\npayable to the department of health for deposit into the special revenue\\nfunds - other, miscellaneous special revenue fund - 339, certificate of\\nneed account.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3611", "title" : "Operation of home care services agency", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3611", "activeDate" : "2014-09-22", "sequenceNo" : 1576, "repealedDate" : null, "fromSection" : "3611", "toSection" : "3611", "text" : " § 3611. Operation of home care services agency. 1. Any home care\\nservices agency which seeks licensure pursuant to section three thousand\\nsix hundred five of this chapter or a certificate of approval pursuant\\nto section three thousand six hundred six of this chapter and which\\nwould be operated by a person, partnership, limited liability company,\\nor a corporation any of the members of which are not natural persons or\\nwhich would be operated by a corporation any of the stock of which is\\nowned by another corporation shall:\\n (a) establish a corporation or limited liability company within the\\nstate;\\n (b) submit to a character and competence review of any stockholder or\\nmember holding ten percent or more of the stock in said corporation or\\nlimited liability company, as well as of any parent or health related\\nsubsidiary corporation;\\n (c) grant authority to the New York state corporation or limited\\nliability company to have full legal authority over the operation of the\\nhome health services agency;\\n (d) disclosure of information relative to stockholders or members as\\nmay be required by the commissioner to determine character and\\ncompetence; and\\n (e) designate an agent for service of process pursuant to section\\nthree hundred five of the business corporation law or section three\\nhundred two of the limited liability company law, as the case may be.\\n 2. The public health and health planning council shall not act upon an\\napplication for licensure or a certificate of approval for any agency\\nreferred to in subdivision one of this section unless it is satisfied as\\nto the character, competence and standing in the community of the\\nproposed incorporators, directors, sponsors, controlling persons,\\nprincipal stockholders of the parent corporation, health related\\nsubsidiary corporation and the New York state corporation established\\npursuant to paragraph (a) of subdivision one of this section. For the\\npurposes of this section the public health and health planning council\\nmay adopt rules and regulations relative to what constitutes parent and\\nsubsidiary corporations.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3611-A", "title" : "Change in the operator or owner", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3611-A", "activeDate" : "2014-09-22", "sequenceNo" : 1577, "repealedDate" : null, "fromSection" : "3611-A", "toSection" : "3611-A", "text" : " § 3611-a. Change in the operator or owner. 1. Any change in the\\nperson who, or any transfer, assignment, or other disposition of an\\ninterest or voting rights of ten percent or more, or any transfer,\\nassignment or other disposition which results in the ownership or\\ncontrol of an interest or voting rights of ten percent or more, in a\\nlimited liability company or a partnership which is the operator of a\\nlicensed home care services agency or a certified home health agency\\nshall be approved by the public health and health planning council, in\\naccordance with the provisions of subdivision four of section thirty-six\\nhundred five of this article relative to licensure or subdivision two of\\nsection thirty-six hundred six of this article relative to certificate\\nof approval, except that:\\n (a) Public health and health planning council approval shall be\\nrequired only with respect to the person, or the member or partner that\\nis acquiring the interest or voting rights; and\\n (b) With respect to certified home health agencies, such change shall\\nnot be subject to the public need assessment described in paragraph (a)\\nof subdivision two of section thirty-six hundred six of this article.\\n (c) No prior approval of the public health and health planning council\\nshall be required with respect to a transfer, assignment or disposition\\nof:\\n (i) an interest or voting rights to any person previously approved by\\nthe public health and health planning council, or its predecessor, for\\nthat operator; or\\n (ii) an interest or voting rights of less than ten percent in the\\noperator. However, no such transaction shall be effective unless at\\nleast ninety days prior to the intended effective date thereof, the\\npartner or member completes and files with the public health and health\\nplanning council notice on forms to be developed by the public health\\ncouncil, which shall disclose such information as may reasonably be\\nnecessary for the public health and health planning council to determine\\nwhether it should bar the transaction. Such transaction will be final as\\nof the intended effective date unless, prior thereto, the public health\\nand health planning council shall state specific reasons for barring\\nsuch transactions under this paragraph and shall notify each party to\\nthe proposed transaction.\\n 2. Any transfer, assignment or other disposition of ten percent or\\nmore of the stock or voting rights thereunder of a corporation which is\\nthe operator of a licensed home care services agency or a certified home\\nhealth agency, or any transfer, assignment or other disposition of the\\nstock or voting rights thereunder of such a corporation which results in\\nthe ownership or control of more than ten percent of the stock or voting\\nrights thereunder of such corporation by any person shall be subject to\\napproval by the public health and health planning council in accordance\\nwith the provisions of subdivision four of section thirty-six hundred\\nfive of this article relative to licensure or subdivision two of section\\nthirty-six hundred six of this article relative to certificate of\\napproval, except that:\\n (a) Public health and health planning council approval shall be\\nrequired only with respect to the person or entity acquiring such stock\\nor voting rights; and\\n (b) With respect to certified home health agencies, such change shall\\nnot be subject to the public need assessment described in paragraph (a)\\nof subdivision two of section thirty-six hundred six of this article. In\\nthe absence of such approval, the license or certificate of approval\\nshall be subject to revocation or suspension.\\n (c) No prior approval of the public health and health planning council\\nshall be required with respect to a transfer, assignment or disposition\\nof an interest or voting rights to any person previously approved by the\\npublic health and health planning council, or its predecessor, for that\\noperator. However, no such transaction shall be effective unless at\\nleast one hundred twenty days prior to the intended effective date\\nthereof, the partner or member completes and files with the public\\nhealth and health planning council notice on forms to be developed by\\nthe public health and health planning council, which shall disclose such\\ninformation as may reasonably be necessary for the public health and\\nhealth planning council to determine whether it should bar the\\ntransaction. Such transaction will be final as of the intended effective\\ndate unless, prior thereto, the public health and health planning\\ncouncil shall state specific reasons for barring such transactions under\\nthis paragraph and shall notify each party to the proposed transaction.\\n 3. (a) The commissioner shall charge to applicants for a change in\\noperator or owner of a licensed home care services agency or a certified\\nhome health agency an application fee in the amount of two thousand\\ndollars.\\n (b) The fees paid by certified home health agencies pursuant to this\\nsubdivision for any application approved in accordance with this section\\nshall be deemed allowable costs in the determination of reimbursement\\nrates established pursuant to this article. All fees pursuant to this\\nsection shall be payable to the department of health for deposit into\\nthe special revenue funds - other, miscellaneous special revenue fund -\\n339, certificate of need account.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3612", "title" : "Powers and duties of commissioner and state hospital review and planning council", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2018-04-20" ], "docLevelId" : "3612", "activeDate" : "2018-04-20", "sequenceNo" : 1578, "repealedDate" : null, "fromSection" : "3612", "toSection" : "3612", "text" : " § 3612. Powers and duties of commissioner and state hospital review\\nand planning council. 1. The commissioner shall have the power to\\nconduct periodic inspections of facilities of certified home health\\nagencies, providers of long term home health care programs and of\\nproviders of AIDS home care programs with respect to the fitness and\\nadequacy of equipment, personnel, rules and bylaws, standards of service\\nand medical care, system of accounts, records, and the adequacy of\\nfinancial resources and sources of future revenues.\\n 2. The commissioner shall have the power to conduct periodic\\ninspections of licensed home care services agencies with respect to the\\nstandards of service and care, qualifications of personnel and the\\nclinical records maintained by such agency.\\n 3. Any organization which provides or makes available any home care\\nservices to the public in this state, in any organized program developed\\nor rendered under its auspices or provided under contract with any such\\norganization, shall submit annually to the commissioner a complete\\ndescription of its operation, including name, address, location or\\nprincipal place of business, ownership, identification of administrative\\npersonnel responsible for home care services programs, the nature and\\nextent of such programs, and such other information as the commissioner\\nshall require. For certified home health agencies and licensed home care\\nservices agencies such annual report shall include reports on the type,\\nfrequency and reimbursement for services provided, including\\nreimbursement from federal and state governmental agencies. The\\ncommissioner shall determine the form and content of the information\\ncompiled and the annual date for submission of such information. The\\ncommissioner shall require certified home health agencies to provide all\\ninformation necessary to a licensed home care services agency\\nsub-contracting with such certified home health agency, to allow such\\nlicensed home care services agency to file its annual report. The\\ncommissioner shall make such information available to the appropriate\\ngovernmental agencies of the state, the counties and the city of New\\nYork so as to make known the availability of home care services to\\nprovide data for planning for health needs of the people of the state.\\nThis information shall be available to the public and to the health\\nsystems agencies.\\n 4. The commissioner shall establish within the department a unit for\\nhome care services to assist him in carrying out the provisions of this\\narticle.\\n 5. The public health and health planning council, by a majority vote\\nof its members, shall adopt and amend rules and regulations, subject to\\nthe approval of the commissioner, to effectuate the provisions and\\npurposes of this article with respect to certified home health agencies,\\nproviders of long term home health care programs and providers of AIDS\\nhome care programs, including, but not limited to, (a) the establishment\\nof requirements for a uniform statewide system of reports and audits\\nrelating to the quality of services provided and their utilization and\\ncosts; (b) establishment by the department of schedules of rates,\\npayments, reimbursements, grants and other charges; (c) standards and\\nprocedures relating to certificates of approval and authorization to\\nprovide long term home health care programs and AIDS home care programs;\\n(d) uniform standards for quality of care and services to be provided by\\ncertified home health agencies, providers of long term home health care\\nprograms and providers of AIDS home care programs; (e) requirements for\\nminimum levels of staffing, taking into consideration the size of the\\nagency, provider of a long term home health care program or provider of\\nan AIDS home care program, the type of care and service provided, and\\nthe special needs of the persons served; (f) standards and procedures\\nrelating to contractual arrangements between home care services\\nagencies; (g) requirements for the establishment of plans for the\\ncoordination of home care services and discharge planning for former\\npatients or residents of facilities under the regulatory jurisdiction of\\nthe department, the departments of social services or mental hygiene,\\nthe board of social welfare, or the office for the aging; (h)\\nrequirements for uniform review of the appropriate utilization of\\nservices; and (i) requirements for minimum qualifications and standards\\nof training for personnel as appropriate. The commissioner may propose\\nrules and regulations and amendments thereto for consideration by the\\ncouncil.\\n 6. The commissioner shall adopt rules and regulations for licensed\\nhome care services agencies which establishes a cap on administrative\\nand general costs for such agencies equal to the cap on administrative\\nand general costs applied to certified home health agencies in\\naccordance with subdivision seven of section thirty-six hundred fourteen\\nof this article.\\n 7. The commissioner shall adopt and may amend rules and regulations to\\neffectuate the provisions and purposes of this article as to licensed\\nhome care services agencies with regard to (a) uniform standards for\\nquality of care and services to be provided and (b) the establishment of\\na uniform statewide system of reports relating to the quality of\\nservices offered.\\n 8. (a) The commissioner may require a health home or licensed home\\ncare services agency to report on the costs incurred by the health home\\nor licensed home care services agency in rendering health care services\\nto Medicaid beneficiaries. The department of health may specify the\\nfrequency and format of such reports, determine the type and amount of\\ninformation to be submitted, and require the submission of supporting\\ndocumentation, provided, however, that the department shall provide no\\nless than ninety calendar days' notice before such reports are due.\\n (b) If the department determines that the cost report submitted by a\\nprovider is inaccurate or incomplete, the department shall notify the\\nprovider in writing and advise the provider of the correction or\\nadditional information that the provider must submit. The provider must\\nsubmit the corrected or additional information within thirty calendar\\ndays from the date the provider receives the notice.\\n (c) The department shall grant a provider an additional thirty\\ncalendar days to submit the original, corrected or additional cost\\nreport when the provider, prior to the date the report is due, submits a\\nwritten request to the department for an extension and establishes to\\nthe department's satisfaction that the provider cannot submit the report\\nby the date due for reasons beyond the provider's control.\\n (d) All reports shall be certified by the owner, administrator, chief\\nexecutive officer, or public official responsible for the operation of\\nthe provider. The cost report form shall include a certification form,\\nwhich shall specify who must certify the report.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3613", "title" : "Home care services workers", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2016-12-02", "2016-12-09", "2017-08-25", "2020-04-17", "2021-12-17", "2022-02-11", "2022-03-04", "2022-06-10", "2023-05-12", "2023-06-23" ], "docLevelId" : "3613", "activeDate" : "2017-08-25", "sequenceNo" : 1579, "repealedDate" : null, "fromSection" : "3613", "toSection" : "3613", "text" : " § 3613. Home care services workers. 1. As used in this section, the\\nfollowing terms shall have the following meanings:\\n * (a) \"Home care services entity\" means a home care services agency or\\nother entity providing home care services subject to this article or\\nexempt under section thirty-six hundred nineteen of this article, or an\\nenhanced assisted living residence licensed under article seven of the\\nsocial services law and certified under article forty-six-B of this\\nchapter providing enhanced assisted living services. A hospice program\\nunder article forty of this chapter providing hospice care in a\\npatient's home shall be considered a home care services entity only for\\nthe purpose of compliance with the home care services worker registry.\\n * NB Effective until March 31, 2023\\n * (a) \"Home care services entity\" means a home care services agency or\\nother entity providing home care services subject to this article or\\nexempt under section thirty-six hundred nineteen of this article.\\n * NB Effective March 31, 2023\\n (b) \"Home care services worker\" or \"worker\" means any person engaged\\nin or applying to become engaged in providing home health aide services,\\nas defined in subdivision four of section three thousand six hundred two\\nof this article or \"personal care services\", as defined in subdivision\\nfive of section three thousand six hundred two of this article.\\n (c) \"Home care services worker registry\" or \"registry\" means the home\\ncare services worker registry established by this section.\\n (d) \"State-approved education or training program\" or \"program\" means\\na program that provides education or training for persons to meet any\\nrequirement established by the department for providing home health aide\\nservices or personal care services, which program is approved by the\\ndepartment or the state education department.\\n 2. The department shall develop and maintain a home care services\\nworker registry of persons who have successfully completed a\\nstate-approved education or training program. Information in the\\nregistry shall be readily accessible on the department's website by the\\npublic, home care services workers, and home care services entities,\\nsubject to subdivision seven of this section. A home care services\\nentity shall obtain information relating to a home care services worker,\\npursuant to paragraph (c) of subdivision seven of this section, prior to\\nthe worker beginning to provide home care services for that entity,\\nexcept that a home care services worker employed by any entity prior to\\nthe effective date of this section may provide home care services as\\nprovided in subdivision eight of this section. No employer of a home\\ncare services worker other than a home care services entity shall be\\nrequired to obtain information from the registry.\\n 3. The registry shall include, but not be limited to, the following\\ninformation concerning each person who has successfully completed a\\nstate-approved education or training program that is listed in the\\nregistry:\\n (a) Full name, including pre-marital name and any other names\\ncurrently or previously used;\\n (b) Current home address;\\n (c) Gender;\\n (d) Date of birth;\\n (e) Name of each state-approved education or training program\\nsuccessfully completed, the name of the entity providing the program,\\nand the date on which the program was completed;\\n (f) History of work in home care services through any home care\\nservices entity, including dates of employment and name of entity\\nproviding the employment;\\n (g) Final findings made in accordance with the provisions of\\nstatutorily established proceedings subject to the state administrative\\nprocedure act or other similar law, that the person engaged in physical\\nabuse, mistreatment, neglect or misappropriation of a patient's\\nproperty, while serving the patient as a home care services worker or in\\nanother capacity, the name of the governmental agency, case number if a\\nnumber is assigned, and date of determination, together with any\\nstatement concerning such determination submitted by the person, that\\nmay not identify any other person and may not exceed one hundred fifty\\nwords; and\\n (h) A record of any determination of the department regarding the\\napproval or disapproval of a prospective employee pursuant to\\nsubdivision five of section eight hundred forty-five-b of the executive\\nlaw, together with any statement concerning such determination submitted\\nby the person, that may not identify any other person and may not exceed\\none hundred fifty words.\\n 4. The registry shall include a comprehensive list of all\\nstate-approved education or training programs. The list shall be updated\\nat least monthly by the department and the state education department.\\nThe respective departments shall promptly submit updated information\\nwhenever such information changes.\\n 5. (a) The department shall specify which information for the registry\\nshall be submitted and updated by the state-approved education or\\ntraining program, home care services worker and home care services\\nentity, subject to the provisions of this subdivision.\\n (b) Any entity that offers or provides a state-approved education or\\ntraining program shall provide the department the following\\ndocumentation for every person who successfully completes any program\\nprovided by the entity, in the form and manner provided by the\\ndepartment:\\n (i) a written sworn statement by the senior official of the entity\\nthat offers or provides such program, made under penalty of perjury,\\ncertifying that each person has in fact successfully completed the\\nidentified program, identifying each such person by name, address, date\\nof birth and date on which such program was completed, and describing\\nthe nature of the education or training covered in such program; and\\n (ii) proof that such entity has verified the true identity of each\\nperson who has successfully completed the identified program.\\n (c) A home care services worker employed by a home care services\\nentity shall only be required to provide for the registry that\\ninformation specified in paragraphs (a), (b), (c), (d) and (e) of\\nsubdivision three of this section, and, to the best of their knowledge\\nand recollection, paragraph (f) of subdivision three of this section.\\n (d) The registry shall be updated at least monthly. Any person or\\nentity required or choosing to provide information to the registry shall\\npromptly submit updated information whenever such information changes.\\n 6. No charges shall be imposed on any person or entity for any costs\\nrelated to the registry.\\n 7. (a) Members of the public may access and obtain information in the\\nregistry through the department's website, except information specified\\nin paragraphs (b) and (d) of subdivision three of this section. The\\ndepartment shall also provide toll-free telephone access for members of\\nthe public to access and obtain information from the registry, except\\ninformation specified in paragraphs (b) and (d) of subdivision three of\\nthis section.\\n (b) A home care services worker may access or obtain any information\\nin the worker's own listing in the registry.\\n (c) A home care services entity may access or obtain any information\\nin the registry relating to any home care services worker the entity\\nengages or is considering engaging to provide home care services.\\n (d) The department shall include security mechanisms in the registry\\nto implement this subdivision and to maintain a record of accessing or\\nobtaining information from the registry by every home care services\\nentity.\\n 8. The department shall provide reasonable and appropriate timetables,\\nnotices and phase-in mechanisms for applying various provisions of this\\nsection to state-approved education and training programs, home care\\nservices entities, persons becoming home care services workers and\\npersons already engaged as home care services workers. Persons employed\\nas home care services workers on the effective date of this section\\nshall be registered as soon as practicable, but not later than twelve\\nmonths after such effective date.\\n * 9. The department shall indicate within the home care services\\nworker registry when a home health aide has satisfied all applicable\\ntraining and recertification requirements and has passed the applicable\\ncompetency examinations necessary to perform advanced tasks pursuant to\\nsubdivision two of section sixty-nine hundred eight of the education law\\nand regulations issued thereto. Any limitation or revocation of the\\nadvanced home health aide's authorization also shall be indicated on the\\nregistry.\\n * NB Effective until March 31, 2023\\n * 9. The commissioner shall make rules and regulations reasonably\\nnecessary to implement the provisions of this section.\\n * NB Effective March 31, 2023\\n * 10. The commissioner shall make rules and regulations reasonably\\nnecessary to implement the provisions of this section.\\n * NB Effective until March 31, 2023\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3614", "title" : "Payments for certified home health agency services, long term home health care programs and AIDS home care programs", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-05-01", "2017-04-28", "2017-08-04", "2018-04-27", "2019-04-19", "2020-04-17", "2021-04-23", "2022-04-22", "2023-05-12", "2023-05-19", "2023-06-23", "2025-05-16", "2025-05-30", "2026-06-05" ], "docLevelId" : "3614", "activeDate" : "2019-04-19", "sequenceNo" : 1580, "repealedDate" : null, "fromSection" : "3614", "toSection" : "3614", "text" : " § 3614. Payments for certified home health agency services, long term\\nhome health care programs and AIDS home care programs. 1. No government\\nagency shall purchase, pay for or make reimbursement or grants-in-aid\\nfor services provided by a home care services agency, a provider of a\\nlong term home health care program or a provider of an AIDS home care\\nprogram unless, at the time the services were provided, the home care\\nservices agency possessed a valid certificate of approval or the\\nprovider of a long term home health care program or AIDS home care\\nprogram had been authorized by the commissioner to provide such program.\\nHowever, contractual arrangements between a certified home health\\nagency, provider of a long term home health care program, provider of an\\nAIDS home care program, or government agency and any home care services\\nagency shall not be prohibited, provided that the certified home health\\nagency, provider of a long term home health care program, provider of an\\nAIDS home care program, or government agency maintains full\\nresponsibility for the plan of treatment and the care rendered.\\n 2. Payments for certified home health agency services or services\\nprovided by long term home health care programs or AIDS home care\\nprograms made by government agencies shall be at rates approved by the\\nstate director of the budget. No provider of a long term home health\\ncare program or AIDS home care program shall establish charges for such\\nprogram in excess of those established pursuant to the provisions of\\nthis section and rules and regulations adopted pursuant to section\\nthirty-six hundred twelve of this article or subchapter XVIII of the\\nfederal Social Security Act (Medicare).\\n 2-a. Notwithstanding any contrary law, rule or regulation, for rate\\nperiods on and after April first, two thousand eleven, Medicaid rates of\\npayments for services provided by certified home health agencies, by\\nlong term home health care programs or by an AIDS home care program\\nshall not reflect a separate payment for home care nursing services\\nprovided to patients diagnosed with Acquired Immune Deficiency Syndrome\\n(AIDS).\\n 3. Prior to the approval of such rates, the commissioner shall\\ndetermine and certify to the state director of the budget that the\\nproposed rate schedules for payments for certified home health agency\\nservices or services provided by long term home health care programs or\\nAIDS home care programs are reasonably related to the costs of the\\nefficient production of such services. In making such certification, the\\ncommissioner shall take into consideration the elements of cost,\\ngeographical differentials in the elements of cost considered, economic\\nfactors in the area in which the certified home health agency, provider\\nof a long term home health care program or provider of an AIDS home care\\nprogram is located, costs of certified home health agencies, providers\\nof long term home health care programs or providers of AIDS home care\\nprograms of comparable size, and the need for incentives to improve\\nservices and institute economies.\\n 3-a. Medically fragile children. Rates of payment for continuous\\nnursing services for medically fragile children provided by a certified\\nhome health agency, a licensed home care services agency or a long term\\nhome health care program shall be established to ensure the availability\\nof such services, whether provided by registered nurses or licensed\\npractical nurses who are employed by or under contract with such\\nagencies or programs, and shall be established at a rate that is at\\nleast equal to rates of payment for such services rendered to patients\\neligible for AIDS home care programs; provided, however, that a\\ncertified home health agency, a licensed home care services agency or a\\nlong term home health care program that receives such enhanced rates for\\ncontinuous nursing services for medically fragile children shall use\\nsuch enhanced rates to increase payments to registered nurses and\\nlicensed practical nurses who provide such services. In the case of\\nservices provided by certified home health agencies and long term home\\nhealth care programs through contracts with licensed home care services\\nagencies, rate increases received by such certified home health agencies\\nand long term home health care programs pursuant to this subdivision\\nshall be reflected in payments made to the registered nurses or licensed\\npractical nurses employed by such licensed home care services agencies\\nto render services to these children. In establishing rates of payment\\nunder this subdivision, the commissioner shall consider the cost\\nneutrality of such rates as related to the cost effectiveness of caring\\nfor medically fragile children in a non-institutional setting as\\ncompared to an institutional setting. For the purposes of this\\nsubdivision, a medically fragile child shall mean a child who is at risk\\nof hospitalization or institutionalization, including but not limited to\\nchildren who are technologically-dependent for life or health-sustaining\\nfunctions, require complex medication regimen or medical interventions\\nto maintain or to improve their health status or are in need of ongoing\\nassessment or intervention to prevent serious deterioration of their\\nhealth status or medical complications that place their life, health or\\ndevelopment at risk, but who are capable of being cared for at home if\\nprovided with appropriate home care services, including but not limited\\nto case management services and continuous nursing services. The\\ncommissioner shall promulgate regulations to implement provisions of\\nthis subdivision and may also direct the providers specified in this\\nsubdivision to provide such additional information and in such form as\\nthe commissioner shall determine is reasonably necessary to implement\\nthe provisions of this subdivision.\\n 3-c. Home telehealth. (a) Demonstration rates of payment or fees shall\\nbe established for telehealth services provided by a certified home\\nhealth agency, a long term home health care program or AIDS home care\\nprogram, or for telehealth services by a licensed home care services\\nagency under contract with such an agency or program, in order to ensure\\nthe availability of technology-based patient monitoring, communication\\nand health management. Reimbursement for telehealth services provided\\npursuant to this section shall be provided only in connection with\\nFederal Food and Drug Administration-approved and interoperable devices,\\nand incorporated as part of the patient's plan of care. The commissioner\\nshall seek federal financial participation with regard to this\\ndemonstration initiative.\\n (b) The purposes of such services shall be to assist in the effective\\nmonitoring and management of patients whose medical, functional and/or\\nenvironmental needs can be appropriately and cost-effectively met at\\nhome through the application of telehealth intervention. Reimbursement\\nprovided pursuant to this subdivision shall be for services to patients\\nwith conditions or clinical circumstances associated with the need for\\nfrequent monitoring, and/or the need for frequent physician, skilled\\nnursing or acute care services, and where the provision of telehealth\\nservices can appropriately reduce the need for on-site or in-office\\nvisits or acute or long term care facility admissions. Such conditions\\nand clinical circumstances shall include, but not be limited to,\\ncongestive heart failure, diabetes, chronic pulmonary obstructive\\ndisease, wound care, polypharmacy, mental or behavioral problems\\nlimiting self-management, and technology-dependent care such as\\ncontinuous oxygen, ventilator care, total parenteral nutrition or\\nenteral feeding.\\n (c) Demonstration rates or fees established by the commissioner and\\napproved by the director of the budget, for such telehealth services\\nshall reflect telehealth services costs on a monthly basis in order to\\naccount for daily variation in the intensity and complexity of patients'\\ntelehealth service needs; provided that such demonstration rates shall\\nfurther reflect the cost of the daily operation and provision of such\\nservices, which costs shall include the following functions undertaken\\nby the participating certified home health agency, long term home health\\ncare program, AIDS home care program or licensed home care services\\nagency:\\n (i) Monitoring of patient vital signs;\\n (ii) Patient education;\\n (iii) Medication management;\\n (iv) Equipment maintenance;\\n (v) Review of patient trends and/or other changes in patient condition\\nnecessitating professional intervention; and\\n (vi) Such other activities as the commissioner may deem necessary and\\nappropriate to this section.\\n (d) The commissioner shall take such additional steps as may be\\nreasonably necessary to implement the provision of this subdivision;\\nprovided however that the commissioner shall establish initial\\ndemonstration rates or fees for telehealth services as provided for in\\nthis subdivision by no later than October first, two thousand seven; and\\nprovided, further, however, that the commissioner shall seek the input\\nof representatives from participating providers and other interested\\nparties in the development of such rates or fees and any applicable\\nrequirements established pursuant to this subdivision.\\n (e) The commissioner shall, within monies appropriated therefor,\\nestablish a rural home telehealth delivery demonstration study program\\nin counties having a population of not less than one hundred thirty\\nthousand and not more than one hundred forty thousand, according to the\\ntwo thousand ten decennial federal census. The commissioner shall direct\\na home health organization serving in such county to study patients\\nreceiving telehealth services, pursuant to this subdivision, who have\\nbeen diagnosed with congestive heart failure, diabetes and/or chronic\\npulmonary obstructive disease, and whose medical, functional and/or\\nenvironmental needs are appropriately met at home through the\\napplication of telehealth services interventions. Such a study shall\\ndetermine the cost of providing telehealth services, the quality of care\\nprovided through telehealth services and the outcomes of patients\\nreceiving such telehealth services. The commissioner shall reimburse the\\nhome health organization for conducting the study with amounts\\nappropriated under this subdivision. The home health organization shall\\nevaluate the findings of the study and report to the governor, the\\ntemporary president of the senate, the speaker of the assembly, the\\ncommissioner, and the chair of the legislative commission on rural\\nresources on its findings of providing telehealth services for each\\ncondition, so as to provide the cost benchmarks with and without\\ntelehealth care, as well as providing cost benefit measurements in terms\\nof the quality benefit outcomes for each of the conditions addressed via\\ntelehealth.\\n 4. The commissioner shall notify each certified home health agency,\\nlong term home health care program and AIDS home care program of its\\napproved rates of payment which shall be used in reimbursing for\\nservices provided to persons eligible for payments made by state\\ngovernmental agencies at least thirty days prior to the beginning of an\\nestablished rate period for which the rate is to become effective. Such\\nnotification shall be made only after approval of rate schedules by the\\nstate director of the budget.\\n * 5. (a) During the period July first, nineteen hundred ninety through\\nDecember thirty-first, nineteen hundred ninety, the period January\\nfirst, nineteen hundred ninety-one through December thirty-first,\\nnineteen hundred ninety-one and for each calendar year period commencing\\non January first thereafter, rates of payment by governmental agencies\\nestablished in accordance with subdivision three of this section\\napplicable for services provided by certified home health agencies to\\nindividuals eligible for medical assistance pursuant to title eleven of\\narticle five of the social services law for certified home health\\nagencies which can demonstrate, on forms provided by the commissioner,\\nlosses from a disproportionate share of bad debt and charity care during\\nthe base year period as used in determining such rates may include an\\nallowance determined in accordance with this subdivision to reflect the\\nneeds of the certified home health agency for the financing of losses\\nresulting from bad debt and the cost of charity care. Losses resulting\\nfrom bad debt and the delivery of charity care shall be determined by\\nthe commissioner considering, but not limited to, such factors as the\\nlosses resulting from bad debt and the costs of charity care provided by\\nthe certified home health agency and the availability of other financial\\nsupport, including state local assistance public health aid, to meet the\\nlosses resulting from bad debt and the costs of charity care of the\\ncertified home health agency. The bad debt and charity care allowance\\nfor a certified home health agency for a rate period shall be determined\\nby the commissioner in accordance with rules and regulations adopted by\\nthe state hospital review and planning council and approved by the\\ncommissioner, and shall be consistent with the purposes for which such\\nallowances are authorized for general hospitals pursuant to the\\nprovisions of article twenty-eight of this chapter and rules and\\nregulations promulgated by the commissioner. For purposes of\\ndistribution of bad debt and charity care allowances to eligible\\ncertified home health agencies, the commissioner, in accordance with\\nrules and regulations adopted by the state hospital review and planning\\ncouncil and approved by the commissioner, may limit application of a bad\\ndebt and charity care allowance to a particular home care services unit\\nor units of service, such as nursing service. A certified home health\\nagency applying for a bad debt and charity care allowance pursuant to\\nthis subdivision shall provide assurances satisfactory to the\\ncommissioner that it shall undertake reasonable efforts to maintain\\nfinancial support from community and public funding sources and\\nreasonable efforts to collect payments for services from third party\\ninsurance payors, governmental payors and self-paying patients. To be\\neligible for an allowance pursuant to this subdivision, a certified home\\nhealth agency shall: have professional assistance available on a seven\\nday per week, twenty-four hour per day basis to all registered clients;\\ndemonstrate compliance with minimum charity care certification\\nobligation levels established pursuant to rules and regulations adopted\\nby the state hospital review and planning council and approved by the\\ncommissioner; and provide to the commissioner and maintain a community\\nservice plan which outlines the agency's organizational mission and\\ncommitment to meet the home care needs of the community, in accordance\\nwith paragraph (h) of this subdivision.\\n (b) The total amount of funds to be allocated and distributed for bad\\ndebt and charity care allowances to eligible certified home health\\nagencies for a rate period in accordance with this subdivision shall be\\nlimited to an annual aggregate amount of six million two hundred fifty\\nthousand dollars; provided, however, that the amount of funds allocated\\nfor distribution to eligible publicly sponsored certified home health\\nagencies for bad debt and charity care allowances shall not exceed\\nthirty-five percent of total available funds for all eligible certified\\nhome health agencies for bad debt and charity care allowances. In\\nestablishing an apportionment of available funds to publicly sponsored\\ncertified home health agencies in accordance with this paragraph, the\\ncommissioner shall promulgate regulations which may include, but not be\\nlimited to, such factors as the ratio of public to nonpublic base year\\nperiod bad debt and charity care provided by eligible certified home\\nhealth agencies and differences in costs for delivering such services.\\nCertified home health agencies provided by general hospitals shall not\\nbe eligible for any portion of the allocation pursuant to this paragraph\\nfor the period of July first, nineteen hundred ninety through December\\nthirty-first, nineteen hundred ninety-four, or for such longer period if\\nextended by law, based on the projected availability of an equitable\\nlevel of bad debt and charity care coverage for such agencies provided\\npursuant to chapter two of the laws of nineteen hundred eighty-eight and\\nany future amendments thereto.\\n (c) No certified home health agency may receive a bad debt and charity\\ncare allowance in accordance with this subdivision in an amount which\\nexceeds its need for the financing of losses associated with the\\ndelivery of bad debt and charity care.\\n (d) A nominal payment amount for the financing of losses associated\\nwith the delivery of bad debt and charity care will be established for\\neach eligible certified home health agency. The nominal payment amount\\nshall be calculated as the sum of the dollars attributable to the\\napplication of an incrementally increasing nominal coverage percentage\\nof base year period losses associated with the delivery of bad debt and\\ncharity care for percentage increases in the relationship between base\\nyear period losses associated with the delivery of bad debt and charity\\ncare and base year period total operating costs according to the\\nfollowing scale:\\n% of bad debt and charity care losses to nominal percentage of\\n total operating cost loss coverage\\n Up to 3% 50%\\n 3 - 6% 75%\\n 6% + 100%\\nIf the sum of the nominal payment amounts for all eligible voluntary\\nnon-profit and private proprietary certified home health agencies or for\\nall eligible public certified home health agencies is less than the\\namount allocated for bad debt and charity care allowances pursuant to\\nparagraph (b) of this subdivision for such certified home health\\nagencies respectively, the nominal coverage percentages of base year\\nperiod losses associated with the delivery of bad debt and charity care\\npursuant to this scale may be increased to not more than one hundred\\npercent for voluntary non-profit and private proprietary certified home\\nhealth agencies or for public certified home health agencies in\\naccordance with rules and regulations adopted by the state hospital\\nreview and planning council and approved by the commissioner.\\n (e) The bad debt and charity care allowance for each eligible\\nvoluntary non-profit and private proprietary certified home health\\nagency shall be based on the dollar value of the result of the ratio of\\ntotal funds allocated for bad debt and charity care allowances for\\ncertified home health agencies pursuant to paragraph (b) of this\\nsubdivision to the total statewide nominal payment amounts for all\\neligible certified home health agencies determined in accordance with\\nparagraph (d) of this subdivision applied to the nominal payment amount\\nfor each such certified home health agency.\\n (f) The bad debt and charity care allowance for each eligible public\\ncertified home health agency shall be based on the dollar value of the\\nresult of the ratio of total funds allocated for bad debt and charity\\ncare allowances for public certified home health agencies pursuant to\\nparagraph (b) of this subdivision to the total statewide nominal payment\\namounts for all eligible public certified home health agencies\\ndetermined in accordance with paragraph (d) of this subdivision applied\\nto the nominal payment amount for each such certified home health\\nagency.\\n (g) Certified home health agencies shall furnish to the department\\nsuch reports and information as may be required by the commissioner to\\nassess the cost, quality, access to, effectiveness and efficiency of bad\\ndebt and charity care provided. The state hospital review and planning\\ncouncil shall adopt rules and regulations, subject to the approval of\\nthe commissioner, to establish uniform reporting and accounting\\nprinciples designed to enable certified home health agencies to fairly\\nand accurately determine and report the costs of bad debt and charity\\ncare. In order to be eligible for an allowance pursuant to this\\nsubdivision, a certified home health agency must be in compliance with\\nbad debt and charity care reporting requirements.\\n (h) Community service plans. (i) The governing body of a certified\\nhome health agency shall issue an organizational mission statement\\nidentifying at a minimum the populations and communities served by the\\nagency and the agency's commitment to meeting the home care needs of the\\ncommunity. The commissioner shall take into consideration the\\nlimitations of agency size and resources, and allow flexibility in\\ncomplying with the provisions of this section.\\n (ii) The governing body of the certified home health agency shall at\\nleast once every three years:\\n (A) review and amend as necessary the agency's mission statement;\\n (B) solicit the views of the communities served by the agency on such\\nissues as the agency's performance and service priorities;\\n (C) demonstrate the agency's operational and financial commitment to\\nmeeting community home care needs, to provide charity care service and\\nto improve access to home care services by the underserved; and\\n (D) prepare and make available to the public a statement showing the\\nprovision of free, reduced charge and/or other services of a charitable\\nor community nature.\\n (iii) The governing body of the certified home health agency shall\\nannually make available to the public a review of the agency's\\nperformance in meeting the home care needs of the community, providing\\ncharity care services, and improving access to home care services by the\\nunderserved.\\n (iv) The governing body of the certified home health agency shall file\\nwith the commissioner its mission statement, its annual performance\\nreview, and at least every three years a report detailing amendments to\\nthe statement reflecting changes in the agency's operational and\\nfinancial commitment to meeting the home care needs of the community,\\nproviding charity care services, and improving access to home care\\nservices by the underserved.\\n (v) The commissioner shall promulgate regulations establishing a\\nrevised percentage for the charity care requirement.\\n (i) This subdivision shall be effective if, and as long as, federal\\nfinancial participation is available for expenditures made for\\nbeneficiaries eligible for medical assistance under title XIX of the\\nfederal social security act based upon the allowances determined in\\naccordance with this subdivision.\\n * NB Expires June 30, 2021\\n * 6. (a) The commissioner shall, subject to the approval of the state\\ndirector of the budget, establish capitated rates of payment for\\nservices provided by assisted living programs as defined by paragraph\\n(a) of subdivision one of section four hundred sixty-one-l of the social\\nservices law. Such rates of payment shall be related to costs incurred\\nby residential health care facilities. The rates shall reflect the wage\\nequalization factor established by the commissioner for residential\\nhealth care facilities in the region in which the assisted living\\nprogram is provided and real property capital construction costs\\nassociated with the construction of a free-standing assisted living\\nprogram such rate shall include a payment equal to the cost of interest\\nowed and depreciation costs of such construction. The rates shall also\\nreflect the efficient provision of a quality and quantity of services to\\npatients in such residential health care facilities, with needs\\ncomparable to the needs of residents served in such assisted living\\nprograms. Such rates of payment shall be equal to fifty percent of the\\namounts which otherwise would have been expended, based upon the mean\\nprices for the first of July, nineteen hundred ninety-two (utilizing\\nnineteen hundred eighty-three costs) for freestanding, low intensity\\nresidential health care facilities with less than three hundred beds,\\nand for years subsequent to nineteen hundred ninety-two, adjusted for\\ninflation in accordance with the provisions of subdivision ten of\\nsection twenty-eight hundred seven-c of this chapter, to provide the\\nappropriate level of care for such residents in residential health care\\nfacilities in the applicable wage equalization factor regions plus an\\namount equal to capital construction costs associated with the\\nconstruction of an assisted living program facility as provided for in\\nthis subdivision. The commissioner shall also promulgate regulations,\\nand may promulgate emergency regulations, to provide for reimbursement\\nof the cost of preadmission assessments conducted directly by assisted\\nliving programs.\\n (b) For purposes of this subdivision, real property capital\\nconstruction costs shall only be included in rates of payment for\\nassisted living programs if: the facility houses exclusively assisted\\nliving program beds authorized pursuant to paragraph (j) of subdivision\\nthree of section four hundred sixty-one-l of the social services law or\\n(i) the facility is operated by a not-for-profit corporation; (ii) the\\nfacility commenced operation after nineteen hundred ninety-eight and at\\nleast ninety-five percent of the certified approved beds are provided to\\nresidents who are subject to the assisted living program; and (iii) the\\nassisted living program is in a county with a population of no less than\\ntwo hundred eighty thousand persons. The methodology used to calculate\\nthe rate for such capital construction costs shall be the same\\nmethodology used to calculate the capital construction costs at\\nresidential health care facilities for such costs, provided that the\\ncommissioner may adopt rules and regulations which establish a cap on\\nreal property capital construction costs for those facilities that house\\nexclusively assisted living program beds authorized pursuant to\\nparagraph (j) of subdivision three of section four hundred sixty-one-l\\nof the social services law.\\n (c) The department shall conduct a study of the use of resident data\\ncollected from a uniform assessment tool identified by the commissioner\\nwith respect to its effectiveness in evaluation and adjusting rates of\\npayment for assisted living programs. On or before July thirty-first,\\ntwo thousand eleven, the commissioner shall provide the governor, the\\nspeaker of the assembly, the temporary president of the senate, and the\\nchairpersons of the assembly and senate health committees with a report\\nsetting forth the conclusions of such study.\\n * NB There are 2 sub 6's\\n * 6. Subject to the availability of funds, the provisions of clause\\n(B) of subparagraph (iii) of paragraph (e) of subdivision one of section\\ntwenty-eight hundred seven-c of this chapter shall apply to certified\\nhome health agencies, long term home health care programs and AIDS home\\ncare programs.\\n * NB There are 2 sub 6's\\n 7. * Notwithstanding any inconsistent provision of law or regulation,\\nfor purposes of establishing rates of payment by governmental agencies\\nfor certified home health agencies for the period April first, nineteen\\nhundred ninety-five through December thirty-first, nineteen hundred\\nninety-five and for rate periods beginning on or after January first,\\nnineteen hundred ninety-six, the reimbursable base year administrative\\nand general costs of a provider of services shall not exceed the\\nstatewide average of total reimbursable base year administrative and\\ngeneral costs of such providers of services. The amount of such\\nreduction in certified home health agency rates of payments made during\\nthe period April first, nineteen hundred ninety-five through March\\nthirty-first, nineteen hundred ninety-six shall be adjusted in the\\nnineteen hundred ninety-six rate period on a pro-rata basis, if it is\\ndetermined upon post-audit review by June fifteenth, nineteen hundred\\nninety-six and reconciliation that the savings for the state share,\\nexcluding the federal and local government shares, of medical assistance\\npayments pursuant to title eleven of article five of the social services\\nlaw based on the limitation of such payment pursuant to this subdivision\\nis in excess of one million five hundred thousand dollars or is less\\nthan one million five hundred thousand dollars for payments made on or\\nbefore March thirty-first, nineteen hundred ninety-six to reflect the\\namount by which such savings are in excess of or lower than one million\\nfive hundred thousand dollars. For rate periods on and after January\\nfirst, two thousand five through December thirty-first, two thousand\\nsix, there shall be no such reconciliation of the amount of savings in\\nexcess of or lower than one million five hundred thousand dollars.\\n * NB Effective until March 31, 2021\\n * Notwithstanding any inconsistent provision of law or regulation to\\nthe contrary, for purposes of establishing rates of payment by\\ngovernmental agencies for certified home health agencies and long term\\nhome health care programs for rate period beginning on or after January\\nfirst, nineteen hundred ninety-five, the department of health may not by\\nrule or regulation limit the reimbursable base year administrative and\\ngeneral costs of a provider of services to a percentage which is other\\nthan thirty percent of total reimbursable base year operational costs of\\nsuch provider of services.\\n * NB Effective March 31, 2021\\n No such limit shall be applied to a provider of services reimbursed on\\nan initial budget basis, or a new provider, excluding changes in\\nownership or changes in name, who begins operations in the year prior to\\nthe year which is used as a base year in determining rates of payment.\\n For the purposes of this subdivision, reimbursable base year\\noperational costs shall mean those base year operational costs remaining\\nafter application of all other efficiency standards, including, but not\\nlimited to, peer group cost ceilings or guidelines.\\n The limitation on reimbursement for provider administrative and\\ngeneral expenses provided by this subdivision shall be expressed as a\\npercentage reduction for the rate promulgated by the commissioner to\\neach certified home health agency and long term home health care program\\nprovider.\\n 7-a. Notwithstanding any inconsistent provision of law or regulation,\\nfor the purposes of establishing rates of payment by governmental\\nagencies for long term home health care programs for the period April\\nfirst, two thousand five, through December thirty-first, two thousand\\nfive, and for the period January first, two thousand six through March\\nthirty-first, two thousand seven, and on and after April first, two\\nthousand seven through March thirty-first, two thousand nine, and on and\\nafter April first, two thousand nine through March thirty-first, two\\nthousand eleven, and on and after April first, two thousand eleven\\nthrough March thirty-first, two thousand thirteen and on and after April\\nfirst, two thousand thirteen through March thirty-first, two thousand\\nfifteen, and on and after April 1st, two thousand fifteen through March\\nthirty-first, two thousand seventeen the reimbursable base year\\nadministrative and general costs of a provider of services shall not\\nexceed the statewide average of total reimbursable base year\\nadministrative and general costs of such providers of services.\\n No such limit shall be applied to a provider of services reimbursed on\\nan initial budget basis, or a new provider, excluding changes in\\nownership or changes in name, who begins operations in the year prior to\\nthe year which is used as a base year in determining rates of payment.\\n For the purposes of this subdivision, reimbursable base year\\noperational costs shall mean those base year operational costs remaining\\nafter application of all other efficiency standards, including, but not\\nlimited to, cost guidelines.\\n The limitation on reimbursement for provider administrative and\\ngeneral expenses provided by this subdivision shall be expressed as a\\npercentage reduction for the rate promulgated by the commissioner to\\neach long term home health care program provider.\\n 8. (a) Notwithstanding any inconsistent provision of law, rule or\\nregulation and subject to the provisions of paragraph (b) of this\\nsubdivision and to the availability of federal financial participation,\\nthe commissioner shall adjust medical assistance rates of payment for\\nservices provided by certified home health agencies for such services\\nprovided to children under eighteen years of age and for services\\nprovided to a special needs population of medically complex and fragile\\nchildren, adolescents and young disabled adults by a CHHA operating\\nunder a pilot program approved by the department, long term home health\\ncare programs and AIDS home care programs in accordance with this\\nparagraph and paragraph (b) of this subdivision for purposes of\\nimproving recruitment and retention of non-supervisory home care\\nservices workers or any worker with direct patient care responsibility\\nin the following amounts for services provided on and after December\\nfirst, two thousand two.\\n (i) rates of payment by governmental agencies for certified home\\nhealth agency services for such services provided to children under\\neighteen years of age and for services provided to a special needs\\npopulation of medically complex and fragile children, adolescents and\\nyoung disabled adults by a CHHA operating under a pilot program approved\\nby the department (including services provided through contracts with\\nlicensed home care services agencies) shall be increased by three\\npercent;\\n (ii) rates of payment by governmental agencies for long term home\\nhealth care program services (including services provided through\\ncontracts with licensed home care services agencies) shall be increased\\nby three percent; and\\n (iii) rates of payment by governmental agencies for AIDS home care\\nprograms (including services provided through contracts with licensed\\nhome care services agencies) shall be increased by three percent.\\n (b) (i) Providers which have their rates adjusted pursuant to this\\nsubdivision shall use such funds solely for the purposes of recruitment\\nand retention of non-supervisory home care services workers or any\\nworker with direct patient care responsibility. Such purposes shall\\ninclude the recruitment and retention of non-supervisory home care\\nservices workers or any worker with direct patient care responsibility\\nemployed in licensed home care services agencies under contract with\\nsuch providers. Providers are prohibited from using such funds for any\\nother purpose.\\n (ii) Each such provider shall submit, at a time and in a manner\\ndetermined by the commissioner, a written certification attesting that\\nsuch funds will be used solely for the purpose of recruitment and\\nretention of non-supervisory home care services workers or any worker\\nwith direct patient care responsibility. The commissioner is authorized\\nto audit each such provider to ensure compliance with the written\\ncertification required by this subdivision and shall recoup any funds\\ndetermined to have been used for purposes other than recruitment and\\nretention of non-supervisory home care services workers or any worker\\nwith direct patient care responsibility. Such recoupment shall be in\\naddition to any other penalties provided by law.\\n (iii) In the case of services provided by such providers through\\ncontracts with licensed home care services agencies, rate increases\\nreceived by such providers pursuant to this subdivision shall be\\nreflected, consistent with the purposes of subparagraph (i) of this\\nparagraph, in either the fees paid or benefits or other supports\\nprovided to non-supervisory home care services workers or any worker\\nwith direct patient care responsibility of such contracted licensed home\\ncare services agencies and such fees, benefits or other supports shall\\nbe proportionate to the contracted volume of services attributable to\\neach contracted agency. Such agencies shall submit to providers with\\nwhich they contract written certifications attesting that such funds\\nwill be used solely for the purposes of recruitment and retention of\\nnon-supervisory home care services workers or any worker with direct\\npatient care responsibility and shall maintain in their files\\nexpenditure plans specifying how such funds will be used for such\\npurposes. The commissioner is authorized to audit such agencies to\\nensure compliance with such certifications and expenditure plans and\\nshall recoup any funds determined to have been used for purposes other\\nthan those set forth in this subdivision. Such recoupment will be in\\naddition to any other penalties provided by law.\\n (iv) Funds under this subdivision are not intended to supplant support\\nprovided by local government.\\n 9. Notwithstanding any law to the contrary, the commissioner shall,\\nsubject to the availability of federal financial participation, adjust\\nmedical assistance rates of payment for certified home health agencies\\nfor such services provided to children under eighteen years of age and\\nfor services provided to a special needs population of medically complex\\nand fragile children, adolescents and young disabled adults by a CHHA\\noperating under a pilot program approved by the department, long term\\nhome health care programs, AIDS home care programs established pursuant\\nto this article, hospice programs established under article forty of\\nthis chapter and for managed long term care plans and approved managed\\nlong term care operating demonstrations as defined in section forty-four\\nhundred three-f of this chapter. Such adjustments shall be for purposes\\nof improving recruitment, training and retention of home health aides or\\nother personnel with direct patient care responsibility in the following\\naggregate amounts for the following periods:\\n (a) for the period June first, two thousand six through December\\nthirty-first, two thousand six, fifty million dollars;\\n (b) for the period January first, two thousand seven through June\\nthirtieth, two thousand seven, fifty million dollars;\\n (c) for the period July first, two thousand seven through March\\nthirty-first, two thousand eight, up to one hundred million dollars;\\n (d) for the period April first, two thousand eight through March\\nthirty-first, two thousand nine, up to one hundred million dollars;\\n (e) for the period April first, two thousand nine through March\\nthirty-first, two thousand ten, up to one hundred million dollars;\\n (f) for the period April first, two thousand ten through March\\nthirty-first, two thousand eleven, up to one hundred million dollars;\\n (g) for the period April first, two thousand eleven through March\\nthirty-first, two thousand twelve, up to one hundred million dollars;\\n (h) for the period April first, two thousand twelve through March\\nthirty-first, two thousand thirteen, up to one hundred million dollars;\\n (i) for the period April first, two thousand thirteen through March\\nthirty-first, two thousand fourteen, up to one hundred million dollars;\\n (j) for the period April first, two thousand fourteen through March\\nthirty-first, two thousand fifteen, up to one hundred million dollars;\\n (k) for the period April first, two thousand fifteen through March\\nthirty-first, two thousand sixteen, up to one hundred million dollars;\\n (l) for the period April first, two thousand sixteen through March\\nthirty-first, two thousand seventeen, up to one hundred million dollars;\\n (m) for the period April first, two thousand seventeen through March\\nthirty-first, two thousand eighteen, up to one hundred million dollars;\\n (n) for the period April first, two thousand eighteen through March\\nthirty-first, two thousand nineteen, up to one hundred million dollars;\\n (o) for the period April first, two thousand nineteen through March\\nthirty-first, two thousand twenty, up to one hundred million dollars.\\n 10. (a) Such adjustments to rates of payments shall be allocated\\nproportionally based on each certified home health agency, long term\\nhome health care program, AIDS home care and hospice program's home\\nhealth aide or other direct care services total annual hours of service\\nprovided to medicaid patients, as reported in each such agency's most\\nrecently available cost report as submitted to the department or for the\\npurpose of the managed long term care program a suitable proxy developed\\nby the department in consultation with the interested parties. Payments\\nmade pursuant to this section shall not be subject to subsequent\\nadjustment or reconciliation; provided that such adjustments to rates of\\npayments to certified home health agencies shall only be for that\\nportion of services provided to children under eighteen years of age and\\nfor services provided to a special needs population of medically complex\\nand fragile children, adolescents and young disabled adults by a CHHA\\noperating under a pilot program approved by the department.\\n (b) Programs which have their rates adjusted pursuant to this\\nsubdivision shall use such funds solely for the purposes of recruitment,\\ntraining and retention of non-supervisory home care services workers or\\nother personnel with direct patient care responsibility. Such purpose\\nshall include the recruitment, training and retention of non-supervisory\\nhome care services workers or any worker with direct patient care\\nresponsibility employed in licensed home care services agencies under\\ncontract with such agencies. Such agencies are prohibited from using\\nsuch fund for any other purpose. For purposes of the long term home\\nhealth care program, such payment shall be treated as supplemental\\npayments and not effect any current cost cap requirement. Each such\\nagency shall submit, at a time and in a manner determined by the\\ncommissioner, a written certification attesting that such funds will be\\nused solely for the purpose of recruitment, training and retention of\\nnon-supervisory home health aides or any personnel with direct patient\\ncare responsibility. The commissioner is authorized to audit each such\\nagency or program to ensure compliance with the written certification\\nrequired by this subdivision and shall recoup any funds determined to\\nhave been used for purposes other than recruitment and retention of\\nnon-supervisory home health aides or other personnel with direct patient\\ncare responsibility. Such recoupment shall be in addition to any other\\npenalties provided by law.\\n (c) In the case of services provided by such agencies or programs\\nthrough contracts with licensed home care services agencies, rate\\nincreases received by such agencies or programs pursuant to this\\nsubdivision shall be reflected, consistent with the purposes of this\\nsubdivision, in either the fees paid or benefits or other supports,\\nincluding training, provided to non-supervisory home health aides or any\\nother personnel with direct patient care responsibility of such\\ncontracted licensed home care services agencies and such fees, benefits\\nor other supports shall be proportionate to the contracted volume of\\nservices attributable to each contracted agency. Such agencies or\\nprograms shall submit to providers with which they contract written\\ncertifications attesting that such funds will be used solely for the\\npurposes of recruitment, training and retention of non-supervisory home\\nhealth aides or other personnel with direct patient care responsibility\\nand shall maintain in their files expenditure plans specifying how such\\nfunds will be used for such purposes. The commissioner is authorized to\\naudit such agencies or programs to ensure compliance with such\\ncertifications and expenditure plans and shall recoup any funds\\ndetermined to have been used for purposes other than those set forth in\\nthis subdivision. Such recoupment shall be in addition to any other\\npenalties provided by law.\\n (d) Funds under this subdivision are not intended to supplant support\\nprovided by local government.\\n 11. (a) Notwithstanding any inconsistent provision of law, rule or\\nregulation and subject to the availability of federal financial\\nparticipation, the commissioner is authorized and directed to implement\\na program whereby he or she shall adjust medical assistance rates of\\npayment for services provided by certified home health agencies, long\\nterm home health care programs, AIDS home care programs and providers of\\npersonal care services and/or providers of private duty nursing services\\nunder the social services law in accordance with this subdivision for\\npurposes of enhancing the provision, accessibility, quality and/or\\nefficiency of home care services. Such rate adjustments shall be for the\\npurposes of assisting such providers, located in social services\\ndistricts which do not include a city with a population of over one\\nmillion persons, in meeting the cost of:\\n (i) Increased use of technology in the delivery of services, including\\ntelehealth and clinical and administrative management information\\nsystem;\\n (ii) Specialty training of direct service personnel in dementia care,\\npediatric care and/or the care of other conditions or populations with\\ncomplex needs;\\n (iii) Increased auto and travel expenses associated with rising fuel\\nprices, including the increased cost of providing services in remote\\nareas; and/or\\n (iv) Providing enhanced access to care for high need populations;\\n (v) Such other purposes related to the provision of quality,\\naccessible home care services as the commissioner may deem appropriate.\\n (b) The commissioner shall increase the medical assistance rates of\\npayment pursuant to this subdivision in an amount up to an aggregate of\\nsixteen million dollars for the period June first, two thousand six\\nthrough March thirty-first, two thousand seven, and sixteen million\\ndollars for the period April first, two thousand seven through March\\nthirty-first, two thousand eight, and sixteen million dollars for the\\nperiod April first, two thousand eight through March thirty-first, two\\nthousand nine, provided however that if federal financial participation\\nis not available for rate adjustments pursuant to this subdivision such\\naggregate amount shall not exceed eight million dollars, and provided,\\nfurther, however, that for purposes of long term home health care\\nprograms, such payments provided pursuant to this subdivision shall be\\ntreated as supplemental payments and shall not effect any current cost\\ncap requirement.\\n (c) Such rate adjustments shall be in the form of a uniform percentage\\nadd-on to the rates, as determined by the department, based on the\\nproportion of the total allocated adjustment dollars, as determined in\\nparagraph (b) of this subdivision, to the total medicaid expenditures\\nfor services provided for certified home health agencies, long-term home\\nhealth care programs, AIDS nursing, personal care assistants and private\\nduty nurses services in local social services districts which do not\\ninclude a city with a population over one million.\\n 12. (a) Notwithstanding any inconsistent provision of law or\\nregulation and subject to the availability of federal financial\\nparticipation, effective on and after April first, two thousand eleven\\nthrough March thirty-first, two thousand twelve, rates of payment by\\ngovernment agencies for services provided by certified home health\\nagencies, except for such services provided to children under eighteen\\nyears of age and other discrete groups as may be determined by the\\ncommissioner pursuant to regulations, shall reflect ceiling limitations\\ndetermined in accordance with this subdivision, provided, however, that\\nat the discretion of the commissioner such ceilings may, as an\\nalternative, be applied to payments for services provided on and after\\nApril first, two thousand eleven, except for such services provided to\\nchildren and other discrete groups as may be determined by the\\ncommissioner pursuant to regulations. In determining such payments or\\nrates of payment, agency ceilings shall be established. Such ceilings\\nshall be applied to payments or rates of payment for certified home\\nhealth agency services as established pursuant to this section and\\napplicable regulations. Ceilings shall be based on a blend of: (i) an\\nagency's two thousand nine average per patient Medicaid claims, weighted\\nat a percentage as determined by the commissioner; and (ii) the two\\nthousand nine statewide average per patient Medicaid claims adjusted by\\na regional wage index factor and an agency patient case mix index,\\nweighted at a percentage as determined by the commissioner. Such\\nceilings will be effective April first, two thousand eleven through\\nMarch thirty-first, two thousand twelve. An interim payment or rate of\\npayment adjustment effective April first, two thousand eleven, shall be\\napplied to agencies with projected average per patient Medicaid claims,\\nas determined by the commissioner, to be over their ceilings. Such\\nagencies shall have their payments or rates of payment reduced to\\nreflect the amount by which such claims exceed their ceilings.\\n (b) Ceiling limitations determined pursuant to paragraph (a) of this\\nsubdivision shall be subject to reconciliation. In determining payment\\nor rate of payment adjustments based on such reconciliation, adjusted\\nagency ceilings shall be established. Such adjusted ceilings shall be\\nbased on a blend of: (i) an agency's two thousand nine average per\\npatient Medicaid claims adjusted by the percentage of increase or\\ndecrease in such agency's patient case mix from the two thousand nine\\ncalendar year to the annual period April first, two thousand eleven\\nthrough March thirty-first, two thousand twelve, weighted at a\\npercentage as determined by the commissioner; and (ii) the two thousand\\nnine statewide average per patient Medicaid claims adjusted by a\\nregional wage index factor and the agency's patient case mix index for\\nthe annual period April first, two thousand eleven through March\\nthirty-first, two thousand twelve, weighted at a percentage as\\ndetermined by the commissioner. Such adjusted agency ceiling shall be\\ncompared to actual Medicaid paid claims for the period April first, two\\nthousand eleven through March thirty-first, two thousand twelve. In\\nthose instances when an agency's actual per patient Medicaid claims are\\ndetermined to exceed the agency's adjusted ceiling, the amount of such\\nexcess shall be due from each such agency to the state and may be\\nrecouped by the department in a lump sum amount or through reductions in\\nthe Medicaid payments due to the agency. In those instances where an\\ninterim payment or rate of payment adjustment was applied to an agency\\nin accordance with paragraph (a) of this subdivision, and such agency's\\nactual per patient Medicaid claims are determined to be less than the\\nagency's adjusted ceiling, the amount by which such Medicaid claims are\\nless than the agency's adjusted ceiling shall be remitted to each such\\nagency by the department in a lump sum amount or through an increase in\\nthe Medicaid payments due to the agency.\\n (c) Interim payment or rate of payment adjustments pursuant to this\\nsubdivision shall be based on Medicaid paid claims, as determined by the\\ncommissioner, for services provided by agencies in the base year two\\nthousand nine. Amounts due from reconciling rate adjustments shall be\\nbased on Medicaid paid claims, as determined by the commissioner, for\\nservices provided by agencies in the base year two thousand nine and\\nMedicaid paid claims, as determined by the commissioner, for services\\nprovided by agencies in the reconciliation period April first, two\\nthousand eleven through March thirty-first, two thousand twelve. In\\ndetermining case mix, each patient shall be classified using a system\\nbased on measures which may include, but not be limited to, clinical and\\nfunctional measures, as reported on the federal Outcome and Assessment\\nInformation Set (OASIS), as may be amended.\\n (d) The commissioner may require agencies to collect and submit any\\ndata required to implement the provisions of this subdivision. The\\ncommissioner may promulgate regulations to implement the provisions of\\nthis subdivision.\\n (e) Payments or rate of payment adjustments determined pursuant to\\nthis subdivision shall, for the period April first, two thousand eleven\\nthrough March thirty-first, two thousand twelve, be retroactively\\nreconciled utilizing the methodology in paragraph (b) of this\\nsubdivision and utilizing actual paid claims from such period.\\n (f) Notwithstanding any inconsistent provision of this subdivision,\\npayments or rate of payment adjustments made pursuant to this\\nsubdivision shall not result in an aggregate annual decrease in Medicaid\\npayments to providers subject to this subdivision that is in excess of\\ntwo hundred million dollars, as determined by the commissioner and not\\nsubject to subsequent adjustment, and the commissioner shall make such\\nadjustments to such payments or rates of payment as are necessary to\\nensure that such aggregate limits on payment decreases are not exceeded.\\n 13. (a) Notwithstanding any inconsistent provision of law or\\nregulation and subject to the availability of federal financial\\nparticipation, effective April first, two thousand twelve through March\\nthirty-first, two thousand twenty-three, payments by government agencies\\nfor services provided by certified home health agencies, except for such\\nservices provided to children under eighteen years of age and other\\ndiscreet groups as may be determined by the commissioner pursuant to\\nregulations, shall be based on episodic payments. In establishing such\\npayments, a statewide base price shall be established for each sixty day\\nepisode of care and adjusted by a regional wage index factor and an\\nindividual patient case mix index. Such episodic payments may be further\\nadjusted for low utilization cases and to reflect a percentage\\nlimitation of the cost for high-utilization cases that exceed outlier\\nthresholds of such payments.\\n (b) Initial base year episodic payments shall be based on Medicaid\\npaid claims, as determined and adjusted by the commissioner to achieve\\nsavings comparable to the prior state fiscal year, for services provided\\nby all certified home health agencies in the base year two thousand\\nnine. Subsequent base year episodic payments may be based on Medicaid\\npaid claims for services provided by all certified home health agencies\\nin a base year subsequent to two thousand nine, as determined by the\\ncommissioner, provided, however, that such base year adjustment shall be\\nmade not less frequently than every three years. In determining case\\nmix, each patient shall be classified using a system based on measures\\nwhich may include, but not limited to, clinical and functional measures,\\nas reported on the federal Outcome and Assessment Information Set\\n(OASIS), as may be amended.\\n (c) The commissioner may require agencies to collect and submit any\\ndata required to implement this subdivision. The commissioner may\\npromulgate regulations to implement the provisions of this subdivision.\\n 14. (a) Notwithstanding any contrary provision of law and subject to\\nthe availability of federal financial participation, for periods on and\\nafter March first, two thousand fourteen the commissioner shall adjust\\nMedicaid rates of payment for services provided by certified home health\\nagencies to address cost increases stemming from the wage increases\\nrequired by implementation of the provisions of section thirty-six\\nhundred fourteen-c of this article. Such rate adjustments shall be based\\non a comparison, as determined by the commissioner, of the hourly\\ncompensation levels for home health aides and personal care aides as\\nreflected in the existing Medicaid rates for certified home health\\nagencies to the hourly compensation levels incurred as a result of\\ncomplying with the provisions of section thirty-six hundred fourteen-c\\nof this article.\\n (b) Notwithstanding any contrary provision of law and subject to the\\navailability of federal financial participation, for periods on and\\nafter March first, two thousand fourteen the commissioner shall adjust\\nMedicaid rates of payment for services provided by long term home health\\ncare programs to address cost increases stemming from the wage increases\\nrequired by implementation of the provisions of section thirty-six\\nhundred fourteen-c of this article. Such rate adjustments shall be based\\non a comparison, as determined by the commissioner, of the hourly\\ncompensation levels for home health aides and personal care aides as\\nreflected in the existing Medicaid rates for long term home health care\\nprograms to the hourly compensation levels incurred as a result of\\ncomplying with the provisions of section thirty-six hundred fourteen-c\\nof this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3614-A", "title" : "Home care provider assessments", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3614-A", "activeDate" : "2014-09-22", "sequenceNo" : 1581, "repealedDate" : null, "fromSection" : "3614-A", "toSection" : "3614-A", "text" : " § 3614-a. Home care provider assessments. 1. Certified home health\\nagencies and providers of long term home health care programs are\\ncharged assessments on their gross receipts received from all patient\\ncare services and other operating income on a cash basis in the\\npercentage amounts and for the periods specified in subdivision two of\\nthis section. Such assessments shall be submitted by or on behalf of\\ncertified home health agencies or providers of long term home health\\ncare programs to the commissioner or his designee.\\n 2. (a) (i) For certified home health agencies the assessment shall be\\nsix-tenths of one percent of each certified home health agency's gross\\nreceipts received from all patient care services and other operating\\nincome on a cash basis beginning January first, nineteen hundred\\nninety-one for home care services; provided, however, that for all such\\ngross receipts received on or after April first, nineteen hundred\\nninety-nine, such assessment shall be two-tenths of one percent, and\\nfurther provided that such assessment shall expire and be of no further\\neffect for all such gross receipts received on or after January first,\\ntwo thousand.\\n (ii) For certified home health agencies there shall be an additional\\nassessment which shall be three-tenths of one percent of each certified\\nhome health agency's gross receipts received from all patient care\\nservices and other operating income on a cash basis. The assessment year\\nshall be April first, nineteen hundred ninety-two to March thirty-first,\\nnineteen hundred ninety-three. The agencies shall file the assessment\\nreturn with any balance due or any refund claimed by May first, nineteen\\nhundred ninety-three. The agencies shall make estimated payments on a\\nmonthly basis starting August fifteenth, nineteen hundred ninety-two and\\ncontinuing on the fifteenth of each month through March fifteenth,\\nnineteen hundred ninety-three. Each estimated payment shall equal\\none-eighth of the total estimated for the assessment year. If the total\\nof estimated payments is less than ninety-five percent of the actual\\npayment due, the agency shall pay a penalty of fifteen percent of the\\ndifference due for each month in addition to the amount due.\\n (iii) For certified home health agencies, an additional assessment\\nshall be three-tenths of one percent of each certified home health\\nagency's gross receipts received from all patient care services and\\nother operating income on a cash basis during the period April first,\\nnineteen hundred ninety-three through June thirtieth, nineteen hundred\\nninety-four for home care services.\\n (b) (i) For providers of long term home health care programs the\\nassessment shall be six-tenths of one percent of each provider's gross\\nreceipts received from all patient care services and other operating\\nincome on a cash basis beginning January first, nineteen hundred\\nninety-one for long term home health care services; provided, however,\\nthat for all such gross receipts received on or after April first,\\nnineteen hundred ninety-nine, such assessment shall be two-tenths of one\\npercent, and further provided that such assessment shall expire and be\\nof no further effect for all such gross receipts received on or after\\nJanuary first, two thousand.\\n (ii) For providers of long term home health programs there shall be an\\nadditional assessment which shall be three-tenths of one percent of each\\nprovider of long term home health care's gross receipts received from\\nall patient care services and other operating income on a cash basis.\\nThe assessment year shall be April first, nineteen hundred ninety-two to\\nMarch thirty-first, nineteen hundred ninety-three. The providers shall\\nfile the assessment return with any balance due or any refund claimed by\\nMay first, nineteen hundred ninety-three. The providers shall make\\nestimated payments on a monthly basis starting August fifteenth,\\nnineteen hundred ninety-two and continuing on the fifteenth of each\\nmonth through March fifteenth, nineteen hundred ninety-three. Each\\nestimated payment shall equal one-eighth of the total estimated for the\\nassessment year. If the total of estimated payments is less than\\nninety-five percent of the actual payment due, the provider shall pay a\\npenalty of fifteen percent of the difference due for each month in\\naddition to the amount due.\\n (iii) For providers of long term home health care programs, an\\nadditional assessment shall be three tenths of one percent of each\\nprovider's gross receipts received from all patient care services and\\nother operating income on a cash basis during the period April first,\\nnineteen hundred ninety-three through June thirtieth nineteenth hundred\\nninety-four for long term home health care services.\\n (c) Notwithstanding any contrary provisions of this section or any\\nother contrary provision of law or regulation, for certified home health\\nagencies and for providers of long term home health care programs the\\nassessment shall be thirty-five hundredths of one percent of each\\nagency's or provider's gross receipts received from all home health care\\nservices and other operating income on a cash basis for periods on and\\nafter April first, two thousand nine.\\n 3. Gross receipts received from all patient care services and other\\noperating income for purposes of the assessments pursuant to this\\nsection shall include, but not be limited to:\\n (a) for certified home health agencies, all monies received for or on\\naccount of home care services, including personal care services,\\nexcluding subject to the provisions of subdivision twelve of this\\nsection the component of rates of payment related to the allowance\\nprovided in accordance with subdivision five of section thirty-six\\nhundred fourteen of this article;\\n (b) for providers of long term home health care programs, all monies\\nreceived for or on account of long term home health care services,\\nincluding personal care services;\\n (c) provided, however, that subject to the provisions of subdivision\\ntwelve of this section income received from grants, charitable\\ncontributions, donations and bequests and governmental deficit financing\\nshall not be included.\\n 4. The commissioner is authorized to contract with the article\\nforty-three insurance law plans, or such other administrators as the\\ncommissioner shall designate, to receive and distribute home care\\nprovider assessment funds and personal care services provider assessment\\nfunds assessed pursuant to section three hundred sixty-seven-i of the\\nsocial services law. In the event contracts with the article forty-three\\ninsurance law plans or other commissioner's designees are effectuated,\\nthe commissioner shall conduct annual audits of the receipt and\\ndistribution of the assessment funds. The reasonable costs and expenses\\nof an administrator as approved by the commissioner, not to exceed for\\npersonnel services on an annual basis two hundred thousand dollars for\\nall assessments established pursuant to this section and the personal\\ncare services provider assessment established pursuant to section three\\nhundred sixty-seven-i of the social services law, shall be paid from the\\nassessment funds.\\n 5. Estimated payments by or on behalf of certified home health\\nagencies and providers of long term home health care programs to the\\ncommissioner or his designee of funds due from the assessments pursuant\\nto subdivision two of this section shall be made on a monthly basis.\\nEstimated payments shall be due on or before the fifteenth day following\\nthe end of a calendar month to which an assessment applies.\\n 6. (a) If an estimated payment made for a month to which an assessment\\napplies is less than seventy percent of an amount the commissioner\\ndetermines is due, based on evidence of prior period moneys received by\\na certified home health agency or provider of a long term home health\\ncare program or evidence of moneys received by such entity for that\\nmonth, the commissioner may estimate the amount due from such entity and\\nmay collect the deficiency pursuant to paragraph (c) of this\\nsubdivision.\\n (b) If an estimated payment made for a month to which an assessment\\napplies is less than ninety percent of an amount the commissioner\\ndetermines is due, based on evidence of prior period moneys received by\\na certified home health agency or provider of a long term home health\\ncare program or evidence of moneys received by such certified home\\nhealth agency or provider of a long term home health care program for\\nthat month, and at least two previous estimated payments within the\\npreceding six months were less than ninety percent of the amount due,\\nbased on similar evidence, the commissioner may estimate the amount due\\nfrom such entity and may collect the deficiency pursuant to paragraph\\n(c) of this subdivision.\\n (c) Upon receipt of notification from the commissioner of an entity's\\ndeficiency under this section, the comptroller or a fiscal intermediary\\ndesignated by the director of the budget, or the commissioner of social\\nservices, or a corporation organized and operating in accordance with\\narticle forty-three of the insurance law, or an organization operating\\nin accordance with article forty-four of this chapter shall withhold\\nfrom the amount of any payment to be made by the state or by such\\narticle forty-three corporation or article forty-four organization to\\nthe entity the amount of the deficiency determined under paragraph (a)\\nor (b) of this subdivision or paragraph (e) of subdivision seven of this\\nsection. Upon withholding such amount, the comptroller or a designated\\nfiscal intermediary, or the commissioner of social services, or\\ncorporation organized and operating in accordance with article\\nforty-three of the insurance law or organization operating in accordance\\nwith article forty-four of this chapter shall pay the commissioner, or\\nhis designee, such amount withheld on behalf of the entity.\\n (d) The commissioner shall provide an entity with notice of any\\nestimate of an amount due for an assessment pursuant to paragraph (a) or\\n(b) of this subdivision or paragraph (e) of subdivision seven of this\\nsection at least three days prior to collection of such amount by the\\ncommissioner. Such notice shall contain the financial basis for the\\ncommissioner's estimate.\\n (e) In the event the certified home health agency or provider of a\\nlong term home health care program objects to an estimate by the\\ncommissioner pursuant to paragraph (a) or (b) of this subdivision or\\nparagraph (e) of subdivision seven of this section of the amount due for\\nan assessment, the entity, within sixty days of notice of an amount due,\\nmay request a public hearing. If a hearing is requested, the\\ncommissioner shall provide the entity an opportunity to be heard and to\\npresent evidence bearing on the amount due for an assessment within\\nthirty days after collection of an amount due or receipt of a request\\nfor a hearing, whichever is later. An administrative hearing is not a\\nprerequisite to seeking judicial relief.\\n (f) The commissioner may direct that a hearing be held without any\\nrequest by the entity.\\n 7. (a) Every certified home health agency or provider of a long term\\nhome health care program shall submit reports on a cash basis of actual\\ngross receipts received from all patient care services and operating\\nincome for each month as follows:\\n (i) for the period January first, nineteen hundred ninety-one through\\nJanuary thirty-first, nineteen hundred ninety-one, the report shall be\\nfiled on or before March fifteenth, nineteen hundred ninety-one; and\\n (ii) for the quarter year ending March thirty-first, nineteen hundred\\nninety-one and for each quarter thereafter, the report shall be filed on\\nor before the forty-fifth day after the end of such quarter.\\n (b) Every certified home health agency or provider of a long term home\\nhealth care program shall submit a certified annual report on a cash\\nbasis of gross receipts received in such calendar year from all patient\\ncare services and operating income.\\n (c) The reports shall be in such form as may be prescribed by the\\ncommissioner to accurately disclose information required to implement\\nthis section.\\n (d) Final payments shall be due for all certified home health agencies\\nor providers of long term home health care programs for assessments\\npursuant to subdivision two of this section upon the due date for\\nsubmission of the applicable quarterly report.\\n (e) The commissioner may recoup deficiencies in final payments\\npursuant to paragraph (c) of subdivision six of this section.\\n 8. (a) If an estimated payment made for a month to which an assessment\\napplies is less than ninety percent of the actual amount due for such\\nmonth, interest shall be due and payable to the commissioner on the\\ndifference between the amount paid and the amount due from the day of\\nthe month the estimated payment was due until the date of payment. The\\nrate of interest shall be twelve percent per annum or at the rate of\\ninterest set by the commissioner of taxation and finance with respect to\\nunderpayments of tax pursuant to subsection (e) of section one thousand\\nninety-six of the tax law minus four percentage points. Interest under\\nthis paragraph shall not be paid if the amount thereof is less than one\\ndollar. Interest, if not paid by the due date of the following month's\\nestimated payment, may be collected by the commissioner pursuant to\\nparagraph (c) of subdivision six of this section in the same manner as\\nan assessment pursuant to subdivision two of this section.\\n (b) If an estimated payment made for a month to which an assessment\\napplies is less than seventy percent of the actual amount due for such\\nmonth, a penalty shall be due and payable to the commissioner of five\\npercent of the difference between the amount paid and the amount due for\\nsuch month when the failure to pay is for a duration of not more than\\none month after the due date of the payment with an additional five\\npercent for each additional month or fraction thereof during which such\\nfailure continues, not exceeding twenty-five percent in the aggregate. A\\npenalty may be collected by the commissioner pursuant to paragraph (c)\\nof subdivision six of this section in the same manner as an assessment\\npursuant to subdivision two of this section.\\n (c) Overpayment by a certified home health agency or provider of a\\nlong term home health care program of an estimated payment shall be\\napplied to any other payment due from the entity pursuant to this\\nsection, or, if no payment is due, at the election of the entity shall\\nbe applied to future estimated payments or refunded to the entity.\\nInterest shall be paid on overpayments from the date of overpayment to\\nthe date of crediting or refund at the rate determined in accordance\\nwith paragraph (a) of this subdivision if the overpayment was made at\\nthe direction of the commissioner. Interest under this paragraph shall\\nnot be paid if the amount thereof is less than one dollar.\\n 9. Funds accumulated, including income from invested funds, from the\\nassessments specified in this section, including interest and penalties,\\nshall be deposited by the commissioner and credited to the general fund.\\n 10. Notwithstanding any inconsistent provision of law or regulation to\\nthe contrary, the assessments pursuant to this section shall not be an\\nallowable cost in the determination of reimbursement rates pursuant to\\nthis article.\\n 11. (c) The assessment shall not be collected in excess of twenty\\nmillion four hundred thousand dollars from certified home health\\nagencies and long term home health care programs pursuant to subdivision\\ntwo of this section, licensed home care services agencies pursuant to\\nsubdivision two of section thirty-six hundred fourteen-b of this article\\nand personal care services providers pursuant to subdivision two of\\nsection three hundred sixty-seven-i of the social services law for the\\nperiod of April first, nineteen hundred ninety-seven through March\\nthirty-first, nineteen hundred ninety-eight. The amount of the\\nassessment collected in excess of twenty million four hundred thousand\\ndollars for the period April first, nineteen hundred ninety-seven\\nthrough March thirty-first, nineteen hundred ninety-eight shall be\\nrefunded by the commissioner based on the ratio which a certified home\\nhealth agency's, long term home health care program's, licensed home\\ncare services agency's or personal care services provider's assessment\\nfor such period bears to the total of the assessments for such period\\npaid by such providers of services.\\n 12. Each exclusion of sources of gross receipts received from the\\nassessments effective on or after April first, nineteen hundred\\nninety-two established pursuant to this section shall be contingent upon\\neither: (a) qualification of the assessments for waiver pursuant to\\nfederal law and regulation; or (b) consistent with federal law and\\nregulation, not requiring a waiver by the secretary of the department of\\nhealth and human services related to such exclusion; in order for the\\nassessments under this section to be qualified as a broad-based health\\ncare related tax for purposes of the revenues received by the state\\npursuant to the assessments not reducing the amount expended by the\\nstate as medical assistance for purposes of federal financial\\nparticipation. The commissioner shall collect the assessments relying on\\nsuch exclusions, pending any contrary action by the secretary of the\\ndepartment of health and human services. In the event the secretary of\\nthe department of health and human services determines that the\\nassessments do not so qualify based on any such exclusion, the exclusion\\nshall be deemed to have been null and void as of April first, nineteen\\nhundred ninety-two, and the commissioner shall collect any retroactive\\namount due as a result, without interest or penalty provided the\\ncertified home health agency or provider of a long term home health care\\nprogram pays the retroactive amount due within ninety days of notice\\nfrom the commissioner of health to the provider of services that an\\nexclusion is null and void. Interest and penalties shall be measured\\nfrom the due date of ninety days following notice from the commissioner\\nto the provider of services.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3614-B", "title" : "Licensed home care services agencies assessments", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3614-B", "activeDate" : "2014-09-22", "sequenceNo" : 1582, "repealedDate" : null, "fromSection" : "3614-B", "toSection" : "3614-B", "text" : " § 3614-b. Licensed home care services agencies assessments. 1.\\nLicensed home care services agencies are charged assessments, subject to\\nthe provisions of subdivision thirteen of this section, on their gross\\nreceipts received from all patient care services and other operating\\nincome on a cash basis in the percentage amounts and for the periods\\nspecified in subdivision two of this section. Such assessments shall be\\nsubmitted by or on behalf of licensed home care services agencies to the\\ncommissioner or his designee.\\n 2. (a) The assessment shall be six-tenths of one percent of such\\nlicensed home care services agency's gross receipts received from all\\npatient care services and other operating income on a cash basis\\nbeginning April first, nineteen hundred ninety-two; provided, however,\\nthat for all such gross receipts received on or after April first,\\nnineteen hundred ninety-nine, such assessment shall be two-tenths of one\\npercent, and further provided that such assessment shall expire and be\\nof no further effect for all such gross receipts received on or after\\nJanuary first, two thousand.\\n (b) Notwithstanding any contrary provisions of this section or any\\nother contrary provision of law or regulation, the assessment shall be\\nthirty-five hundredths of one percent of each such licensed home care\\nservices agency's gross receipts received from all personal care\\nservices and other operating income on a cash basis for periods on and\\nafter April first, two thousand nine.\\n 3. Gross receipts received from all patient care services and other\\noperating income for purposes of the assessment pursuant to this section\\nshall include, but not be limited to, all moneys received for or on\\naccount of home care services provided pursuant to a license issued by\\nthe commissioner in accordance with the provisions of section thirty-six\\nhundred five of this article, provided, however, subject to the\\nprovisions of subdivision twelve of this section that income received\\nfrom grants, charitable contributions, donations and bequests and\\ngovernmental deficit financing shall not be included, and further, that\\nmoneys received on which an assessment is paid by a hospital pursuant to\\nsection twenty-eight hundred seven-d of this chapter, home care provider\\npursuant to section thirty-six hundred fourteen-a of this article,\\npersonal care services provider pursuant to section three hundred\\nsixty-seven-i of the social services law or provider of services\\npursuant to section 43.04 or 43.06 of the mental hygiene law shall not\\nbe included.\\n 4. The commissioner is authorized to contract with the article\\nforty-three insurance law plans, or if not available such other\\nadministrators as the commissioner shall designate, to receive and\\ndistribute licensed home care services agency assessment funds. In the\\nevent contracts with the article forty-three insurance law plans or\\nother commissioner's designees are effectuated, the commissioner shall\\nconduct annual audits of the receipt and distribution of the assessment\\nfunds. The reasonable costs and expenses of an administrator as approved\\nby the commissioner, not to exceed for personnel services on an annual\\nbasis two hundred thousand dollars for all assessments established\\npursuant to this section, shall be paid from the assessment funds.\\n 5. Estimated payments by or on behalf of licensed home care services\\nagencies to the commissioner or his or her designee of funds due from\\nthe assessments pursuant to subdivision two of this section shall be\\nmade on a monthly basis. Estimated payments shall be due on or before\\nthe fifteenth day following the end of the calendar month to which an\\nassessment applies.\\n 6. (a) If an estimated payment made for a month to which an assessment\\napplies is less than seventy percent of an amount the commissioner\\ndetermines is due, based on evidence of prior moneys received by a\\nlicensed home care services agency or evidence of moneys received by\\nsuch agency for that month, the commissioner may estimate the amount due\\nfrom such agency and may collect the deficiency pursuant to paragraph\\n(c) of this subdivision.\\n (b) If an estimated payment made for the month to which an assessment\\napplies is less than ninety percent of an amount the commissioner\\ndetermines is due, based on evidence of prior period moneys received by\\na licensed home care services agency or evidence of moneys received by\\nsuch agency for that month, and at least two previous estimated payments\\nwithin the preceding six months were less than ninety percent of the\\namount due, based on similar evidence, the commissioner may estimate the\\namount due from such agency and may collect the deficiency pursuant to\\nparagraph (c) of this subdivision.\\n (c) Upon receipt of notification from the commissioner of a licensed\\nhome care services agency's deficiency under this section, the\\ncomptroller or a fiscal intermediary designated by the director of the\\nbudget, or the commissioner of social services, or a corporation\\norganized and operating in accordance with article forty-three of the\\ninsurance law or article forty-four of this chapter shall withhold from\\nthe amount of any payment to be made by the state or by such article\\nforty-three corporation or article forty-four organization to the agency\\nthe amount of the deficiency determined under paragraph (a) or (b) of\\nthis subdivision or paragraph (e) of subdivision seven of this section.\\nUpon withholding such amount, the comptroller or a designated fiscal\\nintermediary, or the commissioner of social services, or corporation\\norganized and operating in accordance with article forty-three of the\\ninsurance law or article forty-four of this chapter shall pay the\\ncommissioner, or his designee, such amount withheld on behalf of the\\nlicensed home care services agency.\\n (d) The commissioner shall provide a licensed home care services\\nagency with notice of any estimate of an amount due for an assessment\\npursuant to paragraph (a) or (b) of this subdivision or paragraph (e) of\\nsubdivision seven of this section at least three days prior to\\ncollection of such amount by the commissioner. Such notice shall contain\\nthe financial basis for the commissioner's estimate.\\n (e) In the event a licensed home care services agency objects to an\\nestimate by the commissioner pursuant to paragraph (a) or (b) of this\\nsubdivision or paragraph (e) of subdivision seven of this section of the\\namount due for an assessment, the agency, within sixty days of notice of\\nan amount due, may request a public hearing. If a hearing is requested,\\nthe commissioner shall provide the licensed home care services agency\\nwith an opportunity to be heard and to present evidence bearing on the\\namount due for an assessment within thirty days after collection of an\\namount due or receipt of a request for a hearing, whichever is later. An\\nadministrative hearing is not a prerequisite to seeking judicial relief.\\n (f) The commissioner may direct that a hearing be held without any\\nrequest by an agency.\\n 7. (a) Every licensed home care services agency shall submit reports\\non a cash basis of actual gross receipts received from all patient care\\nservices and other operating income for each month as follows: for the\\nquarter year ending June thirtieth, nineteen hundred ninety-two and for\\neach quarter thereafter, the report shall be filed on or before the\\nforty-fifth day after the end of such period.\\n (b) Every licensed home care services agency shall submit a certified\\nannual report on a cash basis of gross receipts received in such\\ncalendar year from all patient care services and other operating income.\\n (c) The reports shall be in such form as may be prescribed by the\\ncommissioner to accurately disclose information required to implement\\nthis section.\\n (d) Final payments shall be due for all licensed home care services\\nagencies for the assessments pursuant to subdivision two of this section\\nupon the due date for submission of the applicable quarterly report.\\n (e) The commissioner may recoup deficiencies in final payments\\npursuant to paragraph (c) of subdivision six of this section.\\n 8. (a) If an estimated payment made for a month to which assessment\\napplies is less than ninety percent of the actual amount due for such\\nmonth, interest shall be due and payable to the commissioner on the\\ndifference between the amount paid and the amount due from the day of\\nthe month the estimated payment was due until the date of the payment.\\nThe rate of interest shall be twelve percent per annum or at the rate of\\ninterest set by the commissioner of taxation and finance with respect to\\nunderpayment of tax pursuant to subsection (e) of section one thousand\\nninety-six of the tax law minus four percentage points. Interest under\\nthis paragraph shall not be paid if the amount thereof is less than one\\ndollar. Interest, if not paid by the due date of the following month's\\nestimated payment, may be collected by the commissioner pursuant to\\nparagraph (c) of subdivision six of this section in the same manner as\\nan assessment pursuant to subdivision two of this section.\\n (b) If an estimated payment for such month to which an assessment\\napplies is less than seventy percent of the actual amount due for such\\nmonth, a penalty shall be due and payable to the commissioner of five\\npercent of the difference between the amount paid and the amount due for\\nsuch month when the failure to pay is for a duration of not more than\\none month after the due date of the payment with an additional five\\npercent for each additional month or fraction thereof during which such\\nfailure continues, not exceeding twenty-five percent in the aggregate. A\\npenalty may be collected by the commissioner pursuant to paragraph (c)\\nof subdivision six of this section in the same manner as an assessment\\npursuant to subdivision two of this section.\\n (c) Overpayment by a licensed home care services agency of an\\nestimated payment shall be applied to any other payment due from the\\nagency pursuant to this section, or, if no payment is due, at the\\nelection of the agency shall be applied to future estimated payments or\\nrefunded to the agency. Interest shall be paid on overpayments from the\\ndate of overpayment to the date of crediting or refund at the rate\\ndetermined in accordance with paragraph (a) of this subdivision if the\\noverpayment was made at the direction of the commissioner. Interest\\nunder this paragraph shall not be paid if the amount thereof is less\\nthan one dollar.\\n 9. Funds accumulated, including income from invested funds, from the\\nassessments specified in this section, including interest and penalties,\\nshall be deposited by the commissioner and credited to the general fund.\\n 10. Notwithstanding any inconsistent provision of law or regulation to\\nthe contrary, the assessments pursuant to this section shall not be an\\nallowable cost in the determination of reimbursement rates or fees\\npursuant to this chapter or the social services law.\\n 11. The aggregate limit on the assessment for certified home health\\nagencies, long term home health care programs, licensed home care\\nservices agencies and personal care services providers established\\npursuant to paragraph (c) of subdivision eleven of section thirty-six\\nhundred fourteen-a of this article for the period of April first,\\nnineteen hundred ninety-seven through March thirty-first, nineteen\\nhundred ninety-eight shall be deemed to reflect the amount of one\\nmillion three hundred thousand dollars for the assessment pursuant to\\nsubdivision two of this section for such period. In the event, in\\naccordance with subdivision thirteen of this section, the assessments\\npursuant to subdivision two of this section are not implemented, such\\naggregate limit shall be reduced by one million three hundred thousand\\ndollars for the period of April first, nineteen hundred ninety-seven\\nthrough March thirty-first, nineteen hundred ninety-eight.\\n 12. Each exclusion of sources of gross receipts received from the\\nassessments effective on or after April first, nineteen hundred\\nninety-two established pursuant to this section shall be contingent upon\\neither: (a) qualification of the assessments for waiver pursuant to\\nfederal law and regulation; or (b) consistent with federal law and\\nregulation, not requiring a waiver by the secretary of the department of\\nhealth and human services related to such exclusion; in order for the\\nassessments under this section to be qualified as a broad-based health\\ncare related tax for purposes of the revenues received by the state\\npursuant to the assessments not reducing the amount expended by the\\nstate as medical assistance for purposes of federal financial\\nparticipation. The commissioner shall collect the assessments relying on\\nsuch exclusions, pending any contrary action by the secretary of the\\ndepartment of health and human services. In the event that the secretary\\nof the department of health and human services determines that the\\nassessments do not so qualify based on any such exclusion, then the\\nexclusion shall be deemed to have been null and void as of April first,\\nnineteen hundred ninety-two, and the commissioner shall collect any\\nretroactive amount due as a result, without interest or penalty provided\\nthe licensed home care services agency pays the retroactive amount due\\nwithin ninety days of notice from the commissioner to the agency that an\\nexclusion is null and void. Interest and penalties shall be measured\\nfrom the due date of ninety days following notice from the commissioner\\nto the agency.\\n 13. This section shall be of no force and effect upon either: (a) a\\nwaiver is granted pursuant to federal law and regulation; or (b)\\nconsistent with federal law and regulation, a waiver is not required by\\nthe secretary of the department of health and human services for the\\nexclusion of the home care services agencies assessed pursuant to this\\nsection from such assessment; in order for the assessments pursuant to\\nsection thirty-six hundred fourteen-a of this article and section three\\nhundred sixty-seven-i of the social services law to be qualified as a\\nbroad-based health care related tax for purposes of the revenues\\nreceived by the state pursuant to section thirty-six hundred fourteen-a\\nof this article and section three hundred sixty-seven-i of the social\\nservices law not reducing the amount expended by the state as medical\\nassistance for purposes of federal financial participation. The\\ncommissioner shall not collect the assessments under this section,\\npending any contrary action by the secretary of the department of health\\nand human services. In the event the secretary of the department of\\nhealth and human services determines that the assessments pursuant to\\nsection thirty-six hundred fourteen-a of this chapter or section three\\nhundred sixty-seven-i of the social services law do not so qualify based\\non the exclusion of licensed home care services agencies from\\nassessments, then the exclusion shall be deemed to have been null and\\nvoid as of April first, nineteen hundred ninety-two, and the\\ncommissioner shall collect any retroactive amount due as a result,\\nwithout interest or penalty provided the licensed home care services\\nagency pays the retroactive amount due within ninety days of notice from\\nthe commissioner to the agency that the exclusion is null and void.\\nInterest and penalties shall be measured from the due date of ninety\\ndays following notice from the commissioner to the agency.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3614-C", "title" : "Home care worker wage parity", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2016-04-08", "2016-07-01", "2017-04-28", "2017-07-07", "2019-04-19", "2020-04-17", "2020-10-02", "2022-04-22", "2022-10-07", "2023-05-12", "2023-06-23" ], "docLevelId" : "3614-C", "activeDate" : "2019-04-19", "sequenceNo" : 1583, "repealedDate" : null, "fromSection" : "3614-C", "toSection" : "3614-C", "text" : " § 3614-c. Home care worker wage parity. 1. As used in this section,\\nthe following terms shall have the following meaning:\\n (a) \"Living wage law\" means any law enacted by Nassau, Suffolk or\\nWestchester county or a city with a population of one million or more\\nwhich establishes a minimum wage for some or all employees who perform\\nwork on contracts with such county or city.\\n (b) \"Total compensation\" means all wages and other direct compensation\\npaid to or provided on behalf of the employee including, but not limited\\nto, wages, health, education or pension benefits, supplements in lieu of\\nbenefits and compensated time off, except that it does not include\\nemployer taxes or employer portion of payments for statutory benefits,\\nincluding but not limited to FICA, disability insurance, unemployment\\ninsurance and workers' compensation.\\n (c) \"Prevailing rate of total compensation\" means the average hourly\\namount of total compensation paid to all home care aides covered by\\nwhatever collectively bargained agreement covers the greatest number of\\nhome care aides in a city with a population of one million or more. For\\npurposes of this definition, any set of collectively bargained\\nagreements in such city with substantially the same terms and conditions\\nrelating to total compensation shall be considered as a single\\ncollectively bargained agreement.\\n (d) \"Home care aide\" means a home health aide, personal care aide,\\nhome attendant, personal assistant performing consumer directed personal\\nassistance services pursuant to section three hundred sixty-five-f of\\nthe social services law, or other licensed or unlicensed person whose\\nprimary responsibility includes the provision of in-home assistance with\\nactivities of daily living, instrumental activities of daily living or\\nhealth-related tasks; provided, however, that home care aide does not\\ninclude any individual (i) working on a casual basis, or (ii) (except\\nfor a person employed under the consumer directed personal assistance\\nprogram under section three hundred sixty-five-f of the social services\\nlaw) who is a relative through blood, marriage or adoption of: (1) the\\nemployer; or (2) the person for whom the worker is delivering services,\\nunder a program funded or administered by federal, state or local\\ngovernment.\\n (e) \"Managed care plan\" means any managed care program, organization\\nor demonstration covering personal care or home health aide services,\\nand which receives premiums funded, in whole or in part, by the New York\\nstate medical assistance program, including but not limited to all\\nMedicaid managed care, Medicaid managed long term care, Medicaid\\nadvantage, and Medicaid advantage plus plans and all programs of\\nall-inclusive care for the elderly.\\n (f) \"Episode of care\" means any service unit reimbursed, in whole or\\nin part, by the New York state medical assistance program, whether\\nthrough direct reimbursement or covered by a premium payment, and which\\ncovers, in whole or in part, any service provided by a home care aide,\\nincluding but not limited to all service units defined as visits, hours,\\ndays, months or episodes.\\n (g) \"Cash portion of the minimum rate of home care aide total\\ncompensation\" means the minimum amount of home care aide total\\ncompensation that may be paid in cash wages, as determined by the\\ndepartment in consultation with the department of labor.\\n (h) \"Benefit portion of the minimum rate of home care aide total\\ncompensation\" means the portion of home care aide total compensation\\nthat may be paid in cash or health, education or pension benefits, wage\\ndifferentials, supplements in lieu of benefits and compensated time off,\\nas determined by the department in consultation with the department of\\nlabor. Cash wages paid pursuant to increases in the state or federal\\nminimum wage cannot be used to satisfy the benefit portion of the\\nminimum rate of home care aide total compensation.\\n 2. Notwithstanding any inconsistent provision of law, rule or\\nregulation, no payments by government agencies shall be made to\\ncertified home health agencies, long term home health care programs,\\nmanaged care plans, the consumer directed personal assistance program\\nunder section three hundred sixty-five-f of the social services law, the\\nnursing home transition and diversion waiver program under section three\\nhundred sixty-six of the social services law, or the traumatic brain\\ninjury waiver program under section two thousand seven hundred forty of\\nthis chapter for any episode of care furnished, in whole or in part, by\\nany home care aide who is compensated at amounts less than the\\napplicable minimum rate of home care aide total compensation established\\npursuant to this section.\\n 3. (a) The minimum rate of home care aide total compensation in a city\\nwith a population of one million or more shall be:\\n (i) for the period March first, two thousand twelve through February\\ntwenty-eighth, two thousand thirteen, ninety percent of the total\\ncompensation mandated by the living wage law of such city;\\n (ii) for the period March first, two thousand thirteen through\\nFebruary twenty-eighth, two thousand fourteen, ninety-five percent of\\nthe total compensation mandated by the living wage law of such city;\\n (iii) for the period March first, two thousand fourteen through March\\nthirty-first two thousand sixteen, no less than the prevailing rate of\\ntotal compensation as of January first, two thousand eleven, or the\\ntotal compensation mandated by the living wage law of such city,\\nwhichever is greater;\\n (iv) for all periods on or after April first, two thousand sixteen,\\nthe cash portion of the minimum rate of home care aide total\\ncompensation shall be ten dollars or the minimum wage as laid out in\\nparagraph (a) of subdivision one of section six hundred fifty-two of the\\nlabor law, whichever is higher. The benefit portion of the minimum rate\\nof home care aide total compensation shall be four dollars and nine\\ncents.\\n (b) The minimum rate of home care aide total compensation in the\\ncounties of Nassau, Suffolk and Westchester shall be:\\n (i) for the period March first, two thousand thirteen through February\\ntwenty-eighth, two thousand fourteen, ninety percent of the total\\ncompensation mandated by the living wage law as set on March first, two\\nthousand thirteen of a city with a population of a million or more;\\n (ii) for the period March first, two thousand fourteen through\\nFebruary twenty-eighth, two thousand fifteen, ninety-five percent of the\\ntotal compensation mandated by the living wage law as set on March\\nfirst, two thousand fourteen of a city with a population of a million or\\nmore;\\n (iii) for the period March first, two thousand fifteen, through\\nFebruary twenty-eighth, two thousand sixteen, one hundred percent of the\\ntotal compensation mandated by the living wage law as set on March\\nfirst, two thousand fifteen of a city with a population of a million or\\nmore;\\n (iv) for all periods on or after March first, two thousand sixteen,\\nthe cash portion of the minimum rate of home care aide total\\ncompensation shall be ten dollars or the minimum wage as laid out in\\nparagraph (b) of subdivision one of section six hundred fifty-two of the\\nlabor law, whichever is higher. The benefit portion of the minimum rate\\nof home care aide total compensation shall be three dollars and\\ntwenty-two cents.\\n 4. The terms of this section shall apply equally to services provided\\nby home care aides who work on episodes of care as direct employees of\\ncertified home health agencies, long term home health care programs, or\\nmanaged care plans, or as employees of licensed home care services\\nagencies, limited licensed home care services agencies, or the consumer\\ndirected personal assistance program under section three hundred\\nsixty-five-f of the social services law, or under any other arrangement.\\n 5. No payments by government agencies shall be made to certified home\\nhealth agencies, long term home health care programs, managed care\\nplans, or the consumer directed personal assistance program under\\nsection three hundred sixty-five-f of the social services law, for any\\nepisode of care without the certified home health agency, long term home\\nhealth care program, managed care plan or the consumer directed personal\\nassistance program having delivered prior written certification to the\\ncommissioner, on forms prepared by the department in consultation with\\nthe department of labor, that all services provided under each episode\\nof care are in full compliance with the terms of this section and any\\nregulations promulgated pursuant to this section.\\n 6. If a certified home health agency or long term home health care\\nprogram elects to provide home care aide services through contracts with\\nlicensed home care services agencies or through other third parties,\\nprovided that the episode of care on which the home care aide works is\\ncovered under the terms of this section, the certified home health\\nagency, long term home health care program, or managed care plan must\\nobtain a written certification from the licensed home care services\\nagency or other third party, on forms prepared by the department in\\nconsultation with the department of labor, which attests to the licensed\\nhome care services agency's or other third party's compliance with the\\nterms of this section. Such certifications shall also obligate the\\ncertified home health agency, long term home health care program, or\\nmanaged care plan to obtain, on no less than a quarterly basis, all\\ninformation from the licensed home care services agency, fiscal\\nintermediary or other third parties necessary to verify compliance with\\nthe terms of this section. Such certifications and the information\\nexchanged pursuant to them shall be retained by all certified home\\nhealth agencies, long term home health care programs, or managed care\\nplans, and all licensed home care services agencies, or other third\\nparties for a period of no less than ten years, and made available to\\nthe department upon request.\\n 7. The commissioner shall distribute to all certified home health\\nagencies, long term home health care programs, managed care plans, and\\nfiscal intermediaries in the consumer directed personal assistance\\nprogram under section three hundred sixty-five-f of the social services\\nlaw, official notice of the minimum rates of home care aide compensation\\nat least one hundred twenty days prior to the effective date of each\\nminimum rate for each social services district covered by the terms of\\nthis section.\\n 8. The commissioner is authorized to promulgate regulations, and may\\npromulgate emergency regulations, to implement the provisions of this\\nsection.\\n 9. Nothing in this section should be construed as applicable to any\\nservice provided by certified home health agencies, long term home\\nhealth care programs, managed care plans, or consumer directed personal\\nassistance program under section three hundred sixty-five-f of the\\nsocial services law except for all episodes of care reimbursed in whole\\nor in part by the New York Medicaid program.\\n 10. No certified home health agency, managed care plan, long term home\\nhealth care program, or fiscal intermediary in the consumer directed\\npersonal assistance program under section three hundred sixty-five-f of\\nthe social services law shall be liable for recoupment of payments for\\nservices provided through a licensed home care services agency or other\\nthird party with which the certified home health agency, long term home\\nhealth care program, or managed care plan has a contract because the\\nlicensed agency or other third party failed to comply with the\\nprovisions of this section if the certified home health agency, long\\nterm home health care program, managed care plan, or fiscal intermediary\\nhas reasonably and in good faith collected certifications and all\\ninformation required pursuant to subdivisions five and six of this\\nsection.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3614-D", "title" : "Universal standards for coding of payment for medical assistance claims for long term care", "docType" : "SECTION", "publishedDates" : [ "2015-05-01", "2022-04-22", "2022-10-07" ], "docLevelId" : "3614-D", "activeDate" : "2015-05-01", "sequenceNo" : 1584, "repealedDate" : null, "fromSection" : "3614-D", "toSection" : "3614-D", "text" : " § 3614-d. Universal standards for coding of payment for medical\\nassistance claims for long term care. Claims for payment submitted under\\ncontracts or agreements with insurers under the medical assistance\\nprogram for home and community-based long-term care services provided\\nunder this article, by fiscal intermediaries operating pursuant to\\nsection three hundred sixty-five-f of the social services law, and by\\nresidential health care facilities operating pursuant to article\\ntwenty-eight of this chapter shall have standard billing codes. Such\\ninsurers shall include but not be limited to Medicaid managed care plans\\nand managed long term care plans. Such payments shall be based on\\nuniversal billing codes approved by the department or a nationally\\naccredited organization as approved by the department; provided,\\nhowever, such coding shall be consistent with any codes developed as\\npart of the uniform assessment system for long term care established by\\nthe department.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3614-E", "title" : "Electronic payment of claims", "docType" : "SECTION", "publishedDates" : [ "2015-05-01" ], "docLevelId" : "3614-E", "activeDate" : "2015-05-01", "sequenceNo" : 1585, "repealedDate" : null, "fromSection" : "3614-E", "toSection" : "3614-E", "text" : " § 3614-e. Electronic payment of claims. The payment of claims\\nsubmitted under contracts or agreements with insurers under the medical\\nassistance program for home and community-based long-term care services\\nprovided under this article, by fiscal intermediaries operating pursuant\\nto section three hundred sixty-five-f of the social services law, and by\\nresidential health care facilities operating pursuant to article\\ntwenty-eight of this chapter shall be paid via electronic funds\\ntransfer. Such insurers shall include but not be limited to Medicaid\\nmanaged care plans and managed long-term care plans.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3615", "title" : "State aid to certified home health agencies", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-05-01", "2017-04-28", "2019-04-19", "2021-04-23", "2023-05-12", "2023-06-23", "2025-05-16" ], "docLevelId" : "3615", "activeDate" : "2019-04-19", "sequenceNo" : 1586, "repealedDate" : null, "fromSection" : "3615", "toSection" : "3615", "text" : " * § 3615. State aid to certified home health agencies. 1. State aid\\nshall be provided to certified home health agencies to assist in\\ndeveloping and ensuring their capacity to meet community need. Funds for\\nsuch aid shall be made available each year in an amount equal to\\ntwenty-five cents per capita of the population within each health\\nsystems agency region, as established pursuant to article twenty-nine of\\nthis chapter, or two hundred thousand dollars, whichever is greater. Two\\nmillion five hundred thousand dollars shall be for the state's share of\\npayments provided pursuant to subdivision five of section thirty-six\\nhundred fourteen of this article. The remaining amount shall be for\\npurposes of providing grants pursuant to this section and sections\\nthirty-six hundred seven and thirty-six hundred nine of this article.\\n 2. For purposes of funding grants pursuant to sections thirty-six\\nhundred seven and thirty-six hundred nine of this article and grants\\npursuant to this section, the commissioner shall allocate the proportion\\nof funds among the health systems agency regions using the last\\npreceding federal census or other census data approved by the\\ncomptroller.\\n 3. Such annual funds allocated to each health systems agency region\\nshall be made available for grants to applicants within each such region\\nwhich are determined eligible and approved by the commissioner pursuant\\nto the provisions of this section and sections thirty-six hundred seven\\nand thirty-six hundred nine of this article.\\n 4. In order to be considered eligible for receipt of a grant pursuant\\nto this section, a certified home health agency shall submit an\\napplication to the department. Such application shall demonstrate, to\\nthe satisfaction of the commissioner, that the agency:\\n (a) received a certificate of approval pursuant to the provisions of\\nsection thirty-six hundred eight of this article at least two years\\nprior to the date of the application and that such certificate has not\\nbeen revoked or annulled subsequent to its receipt and is not limited as\\nof the time of application;\\n (b) shall utilize grant funds to provide home care services to persons\\nwhose residence is in an area which, due to location, is more costly to\\nserve, or persons whose conditions require a more intensive level of\\nhome care than typically provided in a visit;\\n (c) shall undertake reasonable efforts to maintain financial support\\nfrom public and community contributed funding sources;\\n (d) shall make every reasonable effort to collect payments for\\nservices from third party insurance payers, governmental payers and\\nself-paying patients;\\n (e) shall have professional assistance available on a seven day per\\nweek, twenty-four hour per day basis;\\n (f) shall establish a reasonable relationship between costs and\\ncharges, or establish charges at approximate cost; and\\n (g) has no other available financial resources to serve the\\npopulations as identified in paragraph (b) of this subdivision.\\n 5. For the purpose of this section and sections thirty-six hundred\\nseven and thirty-six hundred nine of this article, a grant applicant\\nshall submit a copy of its application to the health systems agency in\\nwhose region the applicant is located.\\n 6. For the purpose of this section and sections thirty-six hundred\\nseven and thirty-six hundred nine of this article, each health systems\\nagency shall convene an advisory group with representatives from, but\\nnot limited to, local departments of health, including those organized\\nand unorganized as county and part-county health districts, social\\nservices districts, offices for the aging, certified home health\\nagencies, and consumers of home health agency services. Such advisory\\ngroup, after considering recommendations from persons involved in or\\nknowledgeable about home care services delivered in that region, shall,\\nconsistent with state and regional health plans, identify priority\\nregional and local needs for the purposes identified in this section and\\nsections thirty-six hundred seven and thirty-six hundred nine of this\\narticle. The health systems agency shall provide to the commissioner\\nthe recommendations of the advisory group regarding which grant\\napplications meet regional and local needs, as well as the advisory\\ngroup's prioritization of applications.\\n 7. For the purposes of this section and sections thirty-six hundred\\nseven and thirty-six hundred nine of this article, the commissioner\\nshall approve applications for grants which meet the requirements of\\nthis section pursuant to which the application is submitted and rules\\nand regulations adopted pursuant thereto. In approving such\\napplications, the commissioner shall take into prime consideration the\\nrecommendations of the advisory group convened by the health systems\\nagency in whose region the applicants are located and also take into\\nconsideration other applications submitted by the same applicant for\\ngrants submitted pursuant to such sections. The commissioner shall\\nnotify each advisory group and each applicant in writing of his approval\\nor disapproval and, if disapproval, shall state the reasons for\\ndisapproval.\\n 8. Grants approved for the purposes of this section may be made each\\nyear for up to a two-year period or until the costs for such services\\nprovided by virtue of receipt of the grant are included in rates of\\npayment, whichever is sooner. Certified home health agencies which\\nreceive grants pursuant to this section may reapply for grants and may\\nbe approved if the applicant satisfies the requirements of subdivision\\nfour of this section and rules and regulations adopted pursuant to this\\nsection.\\n 9. In the event that a public certified home health agency is approved\\nfor a grant, pursuant to this section, funds provided under the grant\\nshall not reduce the amount of aid otherwise reimbursable to such agency\\npursuant to article six of this chapter.\\n 10. The commissioner is authorized to promulgate such rules and\\nregulations, as are necessary to carry out the provisions of this\\nsection. Such rules and regulations may include, but not be limited to,\\nminimum and maximum grant levels.\\n 11. Recipients of grants shall submit to the commissioner reports on\\nthe use of grants provided under this section at such times and in such\\nformat as the commissioner may prescribe.\\n * NB Effective until June 30, 2021\\n * § 3615. State grants to certified home health agencies. 1. State\\ngrants shall be provided to certified home health agencies to assist in\\ndeveloping and ensuring their capacity to meet community need. Funds for\\nsuch grants shall be made available each year in an amount equal to\\ntwenty-five cents per capita of the population within each health\\nsystems agency region, as established pursuant to article twenty-nine of\\nthis chapter, or two hundred thousand dollars, whichever is greater.\\n 2. The commissioner shall allocate the proportion of funds among the\\nhealth systems agency regions using the last preceding federal census or\\nother census data approved by the comptroller.\\n 3. Seventy-five percent of such annual funds allocated to each health\\nsystems agency region shall be made available for grants to certified\\nhome health agencies within each such region which are determined\\neligible and approved by the commissioner pursuant to this section.\\nTwenty-five percent of such annual funds allocated to each health\\nsystems agency region shall be made available for grants to applicants\\nwithin each such region which are determined eligible and approved by\\nthe commissioner pursuant to the provisions of sections thirty-six\\nhundred seven and thirty-six hundred nine of this article.\\nNotwithstanding such percentages, in the event that grants approved\\nunder either percentage category are less than the amount available\\npursuant to such percentage, the remaining amount shall be added to and\\ndeemed available for the purposes of the other percentage amount.\\n 4. In order to be considered eligible for receipt of a grant pursuant\\nto this section, a certified home health agency shall submit an\\napplication to the department. Such application shall demonstrate, to\\nthe satisfaction of the commissioner, that the agency:\\n (a) received a certificate of approval pursuant to the provisions of\\nsection thirty-six hundred eight of this article at least two years\\nprior to the date of the application and that such certificate has not\\nbeen revoked or annulled subsequent to its receipt and is not limited as\\nof the time of application;\\n (b) shall utilize grant funds to provide home care services to persons\\nof low income who are not otherwise eligible for government sponsored\\nprograms or not covered by insurance, persons whose residence is in an\\narea which, due to location, is more costly to serve, or persons whose\\nconditions require a more intensive level of home care than typically\\nprovided in a visit;\\n (c) shall undertake reasonable efforts to maintain financial support\\nfrom public and community contributed funding sources;\\n (d) shall make every reasonable effort to collect payments for\\nservices from third party insurance payers, governmental payers and\\nself-paying patients;\\n (e) shall have professional assistance available on a seven day per\\nweek, twenty-four hour per day basis;\\n (f) shall establish a reasonable relationship between costs and\\ncharges, or establish charges at approximate cost; and\\n (g) has no other available financial resources to serve the\\npopulations as identified in paragraph (b) of this subdivision.\\n 5. For the purpose of this section and sections thirty-six hundred\\nseven and thirty-six hundred nine of this article, a grant applicant\\nshall submit a copy of its application to the health systems agency in\\nwhose region the applicant is located.\\n 6. For the purpose of this section and sections thirty-six hundred\\nseven and thirty-six hundred nine of this article, each health systems\\nagency shall convene an advisory group with representatives from, but\\nnot limited to, local departments of health, including those organized\\nand unorganized as county and part-county health districts, social\\nservices districts, offices for the aging, certified home health\\nagencies, and consumers of home health agency services. Such advisory\\ngroup, after considering recommendations from persons involved in or\\nknowledgeable about home care services delivered in that region, shall,\\nconsistent with state and regional health plans, identify priority\\nregional and local needs for the purposes identified in this section and\\nsections thirty-six hundred seven and thirty-six hundred nine of this\\narticle. The health systems agency shall provide to the commissioner\\nthe recommendations of the advisory group regarding which grant\\napplications meet regional and local needs, as well as the advisory\\ngroup's prioritization of applications.\\n 7. For the purposes of this section and sections thirty-six hundred\\nseven and thirty-six hundred nine of this article, the commissioner\\nshall approve applications for grants which meet the requirements of\\nthis section pursuant to which the application is submitted and rules\\nand regulations adopted pursuant thereto. In approving such\\napplications, the commissioner shall take into consideration the\\nrecommendations of the advisory group convened by the health systems\\nagency in whose region the applicants are located and also take into\\nconsideration other applications submitted by the same applicant for\\ngrants submitted pursuant to such sections. The commissioner shall\\nnotify each applicant in writing of his approval or disapproval and, if\\ndisapproval, shall state the reasons for disapproval.\\n 8. Grants approved for the purposes of this section may be made each\\nyear for up to a two-year period or until the costs for such services\\nprovided by virtue of receipt of the grant are included in rates of\\npayment, whichever is sooner. Certified home health agencies which\\nreceive grants pursuant to this section may reapply for grants and may\\nbe approved if the applicant satisfies the requirements of subdivision\\nfour of this section and rules and regulations adopted pursuant to this\\nsection.\\n 9. In the event that a public certified home health agency is approved\\nfor a grant, pursuant to this section, funds provided under the grant\\nshall not reduce the amount of aid otherwise reimbursable to such agency\\npursuant to article six of this chapter.\\n 10. The commissioner is authorized to promulgate such rules and\\nregulations, in consultation with the state council on home care\\nservices, as are necessary to carry out the provisions of this section.\\nSuch rules and regulations may include, but not be limited to, minimum\\nand maximum grant levels.\\n 11. Recipients of grants shall submit to the commissioner reports on\\nthe use of grants provided under this section at such times and in such\\nformat as the commissioner may prescribe.\\n * NB Effective June 30, 2021\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3616", "title" : "Provision of certified home health agency services, long term home health care programs and AIDS home care programs", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3616", "activeDate" : "2014-09-22", "sequenceNo" : 1587, "repealedDate" : null, "fromSection" : "3616", "toSection" : "3616", "text" : " § 3616. Provision of certified home health agency services, long term\\nhome health care programs and AIDS home care programs. 1. A long term\\nhome health care program shall be provided only to those patients who\\nare medically eligible for placement in a hospital or residential health\\ncare facility. An AIDS home care program shall be provided only to\\npersons who are medically eligible for placement in a hospital or\\nresidential health care facility and who (a) are diagnosed by a\\nphysician as having acquired immune deficiency syndrome, or (b) are\\ndeemed by a physician, within his judgment, to be infected with the\\netiologic agent of acquired immune deficiency syndrome, and whose\\nillness, infirmity or disability can be reasonably ascertained to be\\nassociated with such infection. Provision of certified home health\\nagency services, a long term home health care program or an AIDS home\\ncare program paid for by government funds shall be based upon, but not\\nlimited to, a comprehensive assessment that shall include, but not be\\nlimited to, an evaluation of the medical, social and environmental needs\\nof each applicant for such services or program. This assessment shall\\nalso serve as the basis for the development and provision of an\\nappropriate plan of care for the applicant. In cases in which the\\napplicant is a patient in a hospital or residential health care\\nfacility, the assessment shall be completed by persons designated by the\\ncommissioner, including, but not limited to, the applicant's physician,\\nthe discharge coordinator of the hospital or residential health care\\nfacility referring the applicant, a representative of the local\\ndepartment of social services, and a representative of the provider of a\\nlong term home health care program, AIDS home care program, or the\\ncertified home health agency that will provide services for the patient.\\nIn cases in which the applicant is not a patient in a hospital or\\nresidential health care facility, the assessment shall be completed by\\npersons designated by the commissioner including, but not limited to,\\nthe applicant's physician, a representative of the local department of\\nsocial services and a representative of the provider of a long term home\\nhealth care program, AIDS home care program or the certified home health\\nagency that will provide services for the patient. The assessment shall\\nbe completed prior to or within thirty days after the provision of\\nservices begins. Payment for services provided prior to the completion\\nof the assessment shall be made only if it is determined, based upon\\nsuch assessment, that the recipient qualifies for such services. The\\ncommissioner shall prescribe the forms on which the assessment will be\\nmade.\\n 2. Continued provision of a long term home health care program, AIDS\\nhome care program or certified home health agency services paid for by\\ngovernment funds shall be based upon a comprehensive assessment of the\\nmedical, social and environmental needs of the recipient of the\\nservices. Such assessment shall be performed at least every one hundred\\neighty days by the provider of a long term home health care program,\\nAIDS home care program or the certified home health agency providing\\nservices for the patient and the local department of social services,\\nand shall be reviewed by a physician charged with the responsibility by\\nthe commissioner. The commissioner shall prescribe the forms on which\\nthe assessment will be made.\\n 3. Prior to the initial provision of services, and upon the continued\\nprovision of services pursuant to each complete reassessment, the agency\\nshall present the recipient or the recipient's representative with a\\nstandardized written statement prepared by the department, in\\nconsultation with providers of home care services and consumer\\nrepresentatives, which informs the recipient or representative that the\\nservices to be provided are subject to change in accordance with a\\nchange in the recipient's needs, a change in information about the\\nrecipient's needs and/or about the formal and informal services\\navailable to meet such needs. The statement shall further inform the\\nrecipient or representative that such notification and acknowledgement\\nis for purposes of consumer information and education, and to establish\\nand maintain proper understanding and expectations about the possible\\ncourse of care to be provided by the agency.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3616-A", "title" : "Quality assurance", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3616-A", "activeDate" : "2014-09-22", "sequenceNo" : 1588, "repealedDate" : null, "fromSection" : "3616-A", "toSection" : "3616-A", "text" : " § 3616-a. Quality assurance. 1. Every certified home health agency,\\nlicensed home care services agency, long term home health care program\\nand AIDS home care program is required to establish a quality assurance\\nprogram which shall objectively and systematically monitor and evaluate\\nthe quality and appropriateness of care and services provided by the\\nagency or program.\\n 2. Confidentiality. The information required to be collected and\\nmaintained by certified home health agencies, licensed home care\\nservices agencies, providers of long term home health care programs and\\nAIDS home care programs pursuant to subdivision one of this section and\\nas required by paragraphs (a) and (d) of subdivision five and\\nsubdivision six of section thirty-six hundred twelve of this chapter\\nshall be kept confidential and shall not be released except to the\\ndepartment. Provided, however, that such information shall be released\\nto a law enforcement agency upon a court order based upon probable cause\\nthat such information: (a) is relevant to a criminal investigation or\\nproceeding and (b) cannot be obtained through any other means. Nothing\\nin this section shall prohibit a certified home health agency, a\\nlicensed home care services agency, a long term home health care program\\nor an AIDS home care program from voluntarily releasing what it\\nreasonably believes to be evidence of criminality to a law enforcement\\nagency.\\n 3. Notwithstanding any other provision of law, none of the records,\\ndocumentation or committee actions or records required to be maintained\\nby certified home health agencies, licensed home care services agencies,\\nproviders of long term care programs or AIDS home care programs pursuant\\nto subdivision one of this section and as required by paragraphs (a) and\\n(d) of subdivision five and subdivision six of section thirty-six\\nhundred twelve of this chapter shall be subject to disclosure under\\narticle six of the public officers law or article thirty-one of the\\ncivil practice law and rules, except as hereinafter provided or as\\nprovided by any other provision of law. No person in attendance at a\\nmeeting of any such committee shall be required to testify as to what\\ntranspired thereat. The prohibitions of this subdivision shall not apply\\nto statements made by any person in attendance at such a meeting who is\\na party, or employee or agent of a party to any action or proceeding the\\nsubject matter of which was reviewed at such meeting. Nothing contained\\nin this subdivision shall prohibit disclosure of records, documentation\\nor committee actions or records relating to employment history and\\nrecommendations from being transmitted to any certified home health\\nagency, licensed home care services agency, long-term home care program\\nor AIDS home care program which is required by law or regulation to\\nobtain such information.\\n 4. There shall be no monetary liability on the part of, and no cause\\nof action for damages shall arise against, any person, partnership,\\ncorporation, firm, society or other entity participating in good faith\\nand with reasonable care in a quality assurance committee or\\ncommunicating information in the possession of such person or entity, or\\non account of any recommendation or evaluation, regarding the\\nqualifications, fitness, conduct or practices of any officer, director,\\nemployee or agent of such agency or program to any government agency,\\nprofessional society, licensing or certification board as required by\\nsubdivision one of this section and by paragraphs (a) and (d) of\\nsubdivision five and subdivision six of section thirty-six hundred\\ntwelve of this chapter. The foregoing shall not apply to information\\nwhich is untrue and communicated with malicious intent.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3617", "title" : "Respite projects", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3617", "activeDate" : "2014-09-22", "sequenceNo" : 1589, "repealedDate" : null, "fromSection" : "3617", "toSection" : "3617", "text" : " § 3617. Respite projects. Certified home health agencies shall be\\npermitted, with the prior approval of the commissioner in consultation\\nwith the director of the state office for the aging, to participate in\\nrespite projects pursuant to section two hundred eight of the elder law.\\nThe commissioner, in consultation with the director of the state office\\nfor the aging, shall promulgate rules and regulations to implement the\\nprovisions of this section.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3618", "title" : "Continuation of existing home health agencies", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3618", "activeDate" : "2014-09-22", "sequenceNo" : 1590, "repealedDate" : null, "fromSection" : "3618", "toSection" : "3618", "text" : " § 3618. Continuation of existing home health agencies. Any home health\\nagency which, on March thirty-first, nineteen hundred seventy-eight,\\npossessed a valid certificate of approval issued under the provisions of\\narticle twenty-eight of this chapter shall be deemed a certified home\\nhealth agency and such certificate of approval shall be deemed valid\\nunder the provisions of this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3619", "title" : "Exempt agencies", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3619", "activeDate" : "2014-09-22", "sequenceNo" : 1591, "repealedDate" : null, "fromSection" : "3619", "toSection" : "3619", "text" : " § 3619. Exempt agencies. Only an agency licensed pursuant to section\\nthirty-six hundred five or certified pursuant to section thirty-six\\nhundred eight of this chapter or exempt from the licensure requirements\\nof section thirty-six hundred five of this chapter because the agency\\nprovides personal care or home care services exclusively to individuals\\npursuant to a program administered, operated or regulated by another\\nstate agency shall hold itself out or call itself a home health services\\nagency, a home health agency or a home care services agency.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3620", "title" : "Authorization to provide an AIDS home care program", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3620", "activeDate" : "2014-09-22", "sequenceNo" : 1592, "repealedDate" : null, "fromSection" : "3620", "toSection" : "3620", "text" : " § 3620. Authorization to provide an AIDS home care program. 1. An\\nAIDS home care program may be provided only by a provider of a long term\\nhome health care program possessing a valid operating certificate issued\\nunder this article or an AIDS center as defined in accordance with\\nregulations promulgated by the commissioner.\\n 2. No agency or facility shall provide an AIDS home care program\\nwithout the written authorization of the commissioner to provide such a\\nprogram.\\n 3. A provider of a long term home health care program or AIDS center\\nseeking authorization to provide an AIDS home care program shall\\ntransmit to the commissioner an application setting forth the scope of\\nthe proposed program. Such application shall be submitted in a format\\nand quantity determined by the commissioner. The application shall\\ninclude a detailed description of the proposed program including, but\\nnot limited to, the following:\\n (a) an outline of the applicant's plans for the AIDS home care\\nprogram;\\n (b) the need for the proposed program;\\n (c) the number and types of personnel to be employed;\\n (d) the ability of the applicant to provide the AIDS home care\\nprogram;\\n (e) the estimated number of visits to be provided;\\n (f) the geographic area in which the proposed programs will be\\nprovided;\\n (g) any special or unusual services, programs, or equipment to be\\nprovided;\\n (h) a demonstration that the proposed program is feasible and adequate\\nin terms of both short range and long range goals;\\n (i) such other information as the commissioner may require.\\n The commissioner shall not approve the application unless he is\\nsatisfied as to:\\n (a) the public need for the program at the time and place and under\\nthe circumstances proposed;\\n (b) the financial resources of the provider of the proposed program\\nand its sources of future revenues;\\n (c) the ability of the proposed program to meet those standards\\nestablished for participation as a home health agency under title XVIII\\nof the federal Social Security Act;\\n (d) the ability of the proposed program to meet the needs of AIDS\\npatients; and\\n (e) such other matters as he shall deem pertinent.\\n If the application is approved, the applicant shall be so notified in\\nwriting. The commissioner's written approval of the application shall\\nconstitute authorization to provide an AIDS home care program. If the\\ncommissioner proposes to disapprove the application, he shall notify the\\napplicant in writing, stating his reasons for disapproval, and afford\\nthe applicant an opportunity for a public hearing.\\n 4. Authorization to provide an AIDS home care program may be revoked,\\nsuspended, limited or annulled by the commissioner on proof that a\\nprovider of an AIDS home care program has failed to comply with the\\nprovisions of this article or rules and regulations promulgated\\nthereunder.\\n 5. (a) Such authorization shall not be revoked, suspended, limited or\\nannulled without a hearing. However, such authorization may be\\ntemporarily suspended or limited without a hearing for a period not in\\nexcess of thirty days upon written notice to the provider of an AIDS\\nhome care program following a finding by the department that the public\\nhealth or safety is in imminent danger.\\n (b) The commissioner shall fix a time and place for the hearing. A\\ncopy of the charges, together with the notice of the time and place of\\nthe hearing, shall be served in person or mailed by registered or\\ncertified mail to the provider of an AIDS home care program at least\\ntwenty-one days before the date fixed for the hearing. Such provider\\nshall file with the department not less than eight days prior to the\\nhearing, a written answer to the charges.\\n (c) All orders or determinations hereunder shall be subject to review\\nas provided in article seventy-eight of the civil practice law and\\nrules. Application for such review must be made within sixty days after\\nservice in person or by registered or certified mail of a copy of the\\norder or determination upon the applicant.\\n 6. (a) Notwithstanding the provisions of subdivision five of this\\nsection, the commissioner shall suspend, limit or revoke the\\nauthorization of a provider of an AIDS home care program after taking\\ninto consideration the public need for the program and the availability\\nof other services which may serve as alternatives or substitutes, and\\nafter finding that suspending, limiting, or revoking the authorization\\nof such provider would be within the public interest in order to\\nconserve health resources by restricting the level of services to those\\nwhich are actually needed.\\n (b) Whenever any finding as described in paragraph (a) of this\\nsubdivision is under consideration with respect to any particular\\nprovider of an AIDS home care program, the commissioner shall cause to\\nbe published, in a newspaper of general circulation in the geographic\\narea of such provider, at least thirty days prior to making such a\\nfinding an announcement that such a finding is under consideration and\\nan address to which interested persons can write to make their views\\nknown. The commissioner shall take all public comments into\\nconsideration in making such a finding.\\n (c) The commissioner shall, upon making any finding described in\\nparagraph (a) of this subdivision with respect to any provider of an\\nAIDS home care program cause such provider and the appropriate health\\nsystems agency to be notified of the finding at least thirty days in\\nadvance of taking the proposed action. Upon receipt of any such\\nnotification and before the expiration of the thirty days or such longer\\nperiod as may be specified in the notice, the provider or the\\nappropriate health systems agency may request a public hearing to be\\nheld in the county in which the provider is located. In no event shall\\nthe revocation, suspension or limitation take effect prior to the\\nthirtieth day after the date of the notice, or prior to the effective\\ndate specified in the notice or prior to the date of the hearing\\ndecision, whichever is later.\\n (d) Except as otherwise provided by law, all appeals from a finding of\\nthe commissioner made pursuant to paragraph (a) of this subdivision\\nshall be directly to the appellate division of the supreme court in the\\nthird department. Except as otherwise expressly provided by law, such\\nappeals shall have preference over all issues in all courts.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3621", "title" : "Payment of claims", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3621", "activeDate" : "2014-09-22", "sequenceNo" : 1593, "repealedDate" : null, "fromSection" : "3621", "toSection" : "3621", "text" : " § 3621. Payment of claims. Notwithstanding any law to the contrary,\\nthe provisions of section thirty-two hundred twenty-four-a of the\\ninsurance law, and regulations thereunder, shall apply to claims for\\npayment submitted by a licensed home care services agency, certified\\nhome health agency, long term home health care program, or fiscal\\nintermediary operating under section three hundred sixty-five-f of the\\nsocial services law, pursuant to a contract with a payor under section\\nforty-four hundred three-f of this chapter or section three hundred\\nsixty-four-j of the social services law, and such claims shall be\\nsubject to and settled in compliance with the standards set forth in\\nsuch section.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3622", "title" : "Separability", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3622", "activeDate" : "2014-09-22", "sequenceNo" : 1594, "repealedDate" : null, "fromSection" : "3622", "toSection" : "3622", "text" : " § 3622. Separability. If any clause, sentence, paragraph, subdivision,\\nsection or part of this article shall be adjudged by any court of\\ncompetent jurisdiction to be invalid, the judgment shall not affect,\\nimpair, or invalidate the remainder thereof, but shall be confined in\\nits operation to the clause, sentence, paragraph, subdivision, section\\nor part thereof directly involved in the controversy in which the\\njudgment shall have been rendered.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 30 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A36-A", "title" : "Medical Equipment Service Agencies", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "36-A", "activeDate" : "2014-09-22", "sequenceNo" : 1595, "repealedDate" : null, "fromSection" : "3650", "toSection" : "3656", "text" : " ARTICLE 36-A\\n MEDICAL EQUIPMENT SERVICE AGENCIES\\nSection 3650. Definitions.\\n 3651. Exemptions.\\n 3652. Licensure required.\\n 3653. Application and issuance of licenses.\\n 3654. Powers and duties of the commissioner and department.\\n 3655. Medical equipment service agency advisory board.\\n 3656. Enforcement.\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3650", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3650", "activeDate" : "2014-09-22", "sequenceNo" : 1596, "repealedDate" : null, "fromSection" : "3650", "toSection" : "3650", "text" : " § 3650. Definitions. When used in this article, the following words\\nand phrases shall have the meanings ascribed to them in this article:\\n 1. \"Home medical equipment services\" shall mean the delivery,\\nprovision, installation, maintenance and replacement of, or instruction\\nin the use of medical equipment used by an individual requiring such\\nservices in their place of residence.\\n 2. \"Medical equipment service agency\" means any person engaged in the\\nbusiness of providing home medical equipment services, whether directly\\nor through a contractual arrangement, to an individual at their place of\\nresidence.\\n 3. \"Home medical equipment\" shall mean technologically sophisticated\\nmedical devices which are used in a home care setting, including but not\\nlimited to:\\n (a) Oxygen and oxygen delivery systems;\\n (b) Ventilation and aspiration devices;\\n (c) Respiratory disease management services;\\n (d) Electronic and computer driven wheelchairs and seating systems;\\n (e) Monitoring devices;\\n (f) Transcutaneous electrical nerve simulator (tens) units;\\n (g) Low air loss cutaneous pressure management devices;\\n (h) Sequential compression devices;\\n (i) Obstructive sleep apnea treatment devices; and\\n (j) Feeding pumps.\\n 4. \"Person\" shall mean an individual, corporation, partnership, joint\\nventure, or any business entity.\\n 5. \"Board\" shall mean the medical equipment service agency advisory\\nboard created by section thirty-six hundred fifty-five of this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3651", "title" : "Exemptions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3651", "activeDate" : "2014-09-22", "sequenceNo" : 1597, "repealedDate" : null, "fromSection" : "3651", "toSection" : "3651", "text" : " § 3651. Exemptions. The provisions of this article shall not apply to:\\n 1. Hospitals certified pursuant to article twenty-eight of this\\nchapter.\\n 2. The following entities and practitioners, unless these entities or\\npractitioners furnish home medical equipment services through a separate\\ncorporate entity, division, or other business entity:\\n (a) Home care service agencies, certified home health agencies, long\\nterm home health care programs, licensed home care services agencies and\\nlimited licensed home care service agencies, as defined under section\\nthirty-six hundred two of this chapter;\\n (b) Exempt agencies, as defined under section thirty-six hundred\\nnineteen of this chapter;\\n (c) Manufacturers and wholesale distributors of home medical equipment\\nnot engaged in direct sales to a patient;\\n (d) Health care practitioners authorized by law to prescribe home\\nmedical equipment, order home medical equipment, or use home medical\\nequipment to treat their patients, including but not limited to\\nphysicians, nurses, physical therapists, respiratory therapists,\\noccupational therapists, speech pathologists, optometrists,\\nchiropractors and podiatrists;\\n (e) Hospice programs;\\n (f) Nursing homes;\\n (g) Veterinarians;\\n (h) Dentists;\\n (i) Emergency medical services providers; and\\n (j) Pharmacists and pharmacies.\\n 3. Any exempt person providing home medical equipment services through\\na third person as defined in section thirty-six hundred fifty of this\\narticle.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3652", "title" : "Licensure required", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3652", "activeDate" : "2014-09-22", "sequenceNo" : 1598, "repealedDate" : null, "fromSection" : "3652", "toSection" : "3652", "text" : " § 3652. Licensure required. No medical equipment service agency\\nlocated in New York state, or located in another state and providing\\nhome medical equipment services in this state may provide home medical\\nequipment services unless a valid license has been issued as provided in\\nthis article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3653", "title" : "Application and issuance of licenses", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3653", "activeDate" : "2014-09-22", "sequenceNo" : 1599, "repealedDate" : null, "fromSection" : "3653", "toSection" : "3653", "text" : " § 3653. Application and issuance of licenses. 1. An application for a\\nlicense shall be made by the medical equipment service agency upon forms\\nprovided by the department. The application shall contain the name of\\nthe owner or owners, the location or locations where the medical\\nequipment service agency is to be operated, and such other information\\nas the department may require. The medical equipment service agency\\nshall notify the department thirty days prior to the establishment of a\\nnew facility or location and provide a description thereof. At its\\ndiscretion, the department may inspect such proposed new facility or\\nlocation during this thirty day period.\\n 2. (a) A license shall not be issued unless the commissioner\\ndetermines that the medical equipment service agency complies with all\\napplicable federal and state regulations governing the safety of home\\nmedical equipment services.\\n (b) An application for a license shall include the following\\ninformation:\\n (i) Written procedures to ensure that all personnel engaged in\\ndelivery, maintenance and repair of home medical equipment receive\\nannual continuing education as may be required by regulation. In\\naddition, the agency must demonstrate that the person responsible for\\nthe direct administration of the medical equipment services, is\\nqualified by experience and training to perform such responsibilities.\\nIn addition, the agency must demonstrate that all personnel who perform\\nservices that constitute the practice of a profession defined in title\\neight of the education law are duly licensed or certified.\\n (ii) Written procedures for maintaining records of all patients\\nreceiving home medical equipment services.\\n (iii) Written procedures for equipment management and maintenance.\\n (iv) Written procedures for servicing home medical equipment based on\\nstandards prescribed by the department.\\n (v) A description of its quality assurance program which objectively\\nand systematically monitors and evaluates the quality and\\nappropriateness of care and services provided by such medical equipment\\nservice agency. The department shall deem a medical equipment service\\nagency to be in compliance with the requirements of this subparagraph if\\nthe medical equipment services agency is accredited by a national\\naccrediting agency approved by the department for a comparable quality\\nassurance program.\\n 3. A license shall be valid for three years from the date it was\\nissued. The initial application for a permit shall be accompanied by a\\nlicensure fee of one hundred dollars.\\n 4. The license shall specify the names of the owner or owners, and the\\nlocations from which such services may be performed. The license shall\\nbe displayed at all times in a prominent place in the medical equipment\\nservice agency's place of business.\\n 5. Agencies located within this state shall also be required to pay a\\nreasonable and adequate fee for its triennial inspection, which in no\\ncase shall be more than one thousand one hundred fifty dollars. Agencies\\nlocated outside the state shall also be charged a reasonable and\\nadequate fee to cover the cost of regulations and inspecting these\\nfacilities, including a triennial inspection. Such fee shall be\\ndetermined by the commissioner.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3654", "title" : "Powers and duties of the commissioner and department", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3654", "activeDate" : "2014-09-22", "sequenceNo" : 1600, "repealedDate" : null, "fromSection" : "3654", "toSection" : "3654", "text" : " § 3654. Powers and duties of the commissioner and department. 1. The\\ndepartment may conduct periodic inspections of a medical equipment\\nservice agency to determine compliance with requirements set forth in\\nthis article and any related regulations.\\n 2. The commissioner may also require medical equipment service\\nagencies to submit, in a form prescribed by the commissioner,\\nsemi-annual reports containing such information as is necessary to\\nensure compliance with the provisions of this article.\\n 3. The department may prescribe in rules and regulations standards for\\nthe provision of home medical equipment services. To the maximum extent\\npossible, such standards shall incorporate by reference the standards\\nestablished for the provision of these services by a national\\naccrediting agency approved by the department.\\n 4. The department may adopt and amend rules and regulations necessary\\nto implement this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3655", "title" : "Medical equipment service agency advisory board", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3655", "activeDate" : "2014-09-22", "sequenceNo" : 1601, "repealedDate" : null, "fromSection" : "3655", "toSection" : "3655", "text" : " § 3655. Medical equipment service agency advisory board. 1. There is\\nhereby created in the department a medical equipment service advisory\\nboard to consist of the commissioner or his or her designee as an\\nex-officio member, and eight other members appointed by the\\ncommissioner. The members shall include four representatives of the home\\nmedical equipment service industry and/or home medical equipment service\\nproviders, a rehabilitation technology specialist, a respiratory\\ntherapist, a physician, and a representative of the public. The\\ncommissioner shall designate one member to serve as chair.\\n 2. The term of office of each member shall be for three years,\\nprovided however, that of the members first appointed, three shall be\\nappointed for terms which expire December thirty-first, two thousand\\nthree, two shall be appointed for terms which expire December\\nthirty-first, two thousand four, and three shall be appointed for terms\\nwhich expire December thirty-first, two thousand five. Vacancies shall\\nbe filled by appointment for the unexpired term. The members shall\\ncontinue in office until the expiration of their terms and until their\\nsuccessors are appointed. A member may be dismissed by the commissioner\\nfor cause, or for repeated absence.\\n 3. The board shall meet as frequently as its business shall require,\\nin no case less than on a semi-annual basis. The members of the board\\nshall receive no compensation for their services as members of the\\nboard, but shall be reimbursed for necessary and actual expenses\\nincurred in the performance of his or her duties.\\n 4. The commissioner, upon request of the board, may designate an\\nemployee of the department to assist the board in carrying out its\\nresponsibilities.\\n 5. The board, upon an affirmative vote of a majority of its members,\\nmay make recommendations to the commissioner regarding the adoption,\\namendment and/or repeal of any rules, regulations, standards and\\npolicies regarding the provision of home medical equipment services.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3656", "title" : "Enforcement", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3656", "activeDate" : "2014-09-22", "sequenceNo" : 1602, "repealedDate" : null, "fromSection" : "3656", "toSection" : "3656", "text" : " § 3656. Enforcement. 1. A medical equipment services agency may be\\nsubject to fines as provided by this chapter for material violations of\\nthe provisions of this article. A medical equipment services agency may\\nhave its license revoked, suspended, or limited by the commissioner for\\nrepeated violations of the requirements of this article. In such cases,\\nthe commissioner may require the agency to submit a corrective action\\nplan for approval. The license of an agency may also be revoked,\\nsuspended or limited upon a finding that the actions of such agency have\\nmaterially endangered public health and safety.\\n 2. No permit or certificate shall be revoked, suspended, limited or\\nannulled without an opportunity afforded the agency an administrative\\nhearing on the facts at issue.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 7 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A37", "title" : "Physician Assistants", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "37", "activeDate" : "2014-09-22", "sequenceNo" : 1603, "repealedDate" : null, "fromSection" : "3700", "toSection" : "3703", "text" : " ARTICLE 37\\n PHYSICIAN ASSISTANTS\\nSection 3700. Definitions.\\n 3701. Commissioner; powers and duties.\\n 3702. Special provisions.\\n 3703. Statutory construction.\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3700", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3700", "activeDate" : "2014-09-22", "sequenceNo" : 1604, "repealedDate" : null, "fromSection" : "3700", "toSection" : "3700", "text" : " § 3700. Definitions. As used in this article:\\n 1. Physician assistant. The term \"physician assistant\" means a person\\nwho is licensed as a physician assistant pursuant to section sixty-five\\nhundred forty-one of the education law.\\n 2. Physician. The term \"physician\" means a practitioner of medicine\\nlicensed to practice medicine pursuant to article one hundred thirty-one\\nof the education law.\\n 3. Hospital. The term \"hospital\" means an institution or facility\\npossessing a valid operating certificate issued pursuant to article\\ntwenty-eight of this chapter and authorized to employ physician\\nassistants in accordance with rules and regulations of the public health\\nand health planning council.\\n 4. Approved program. The term \"approved program\" means a program for\\nthe education of physician assistants which has been formally approved\\nby the education department.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3701", "title" : "Commissioner; powers and duties", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3701", "activeDate" : "2014-09-22", "sequenceNo" : 1605, "repealedDate" : null, "fromSection" : "3701", "toSection" : "3701", "text" : " § 3701. Commissioner; powers and duties. The commissioner shall have\\nthe following powers and duties: 1. to promulgate regulations defining\\nand restricting the duties which may be assigned to physician assistants\\nby their supervising physician, the degree of supervision required and\\nthe manner in which such duties may be performed;\\n 2. to conduct and support continuing studies respecting the nature and\\nscope of the duties of physician assistants in order to promote their\\neffective functioning as members of the health care team;\\n 3. to determine the desirability of and to establish rules for\\nrequiring continuing education of physician assistants;\\n 4. to furnish the education department with suggested criteria which\\nmay be used by the education department to help determine whether an\\napplicant for licensure as a physician assistant possesses equivalent\\neducation and training, such as experience as a nurse or military\\ncorpsman, which may be accepted in lieu of all or part of an approved\\nprogram;\\n 5. to adopt such other rules and regulations as may be necessary or\\nappropriate to carry out the purposes of this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3702", "title" : "Special provisions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2024-11-29", "2025-02-28" ], "docLevelId" : "3702", "activeDate" : "2014-09-22", "sequenceNo" : 1606, "repealedDate" : null, "fromSection" : "3702", "toSection" : "3702", "text" : " § 3702. Special provisions. 1. Inpatient medical orders. A licensed\\nphysician assistant employed or extended privileges by a hospital may,\\nif permissible under the bylaws, rules and regulations of the hospital,\\nwrite medical orders, including those for controlled substances, for\\ninpatients under the care of the physician responsible for his or her\\nsupervision. Countersignature of such orders may be required if deemed\\nnecessary and appropriate by the supervising physician or the hospital,\\nbut in no event shall countersignature be required prior to execution.\\n 2. Withdrawing blood. A licensed physician assistant or certified\\nnurse practitioner acting within his or her lawful scope of practice may\\nsupervise and direct the withdrawal of blood for the purpose of\\ndetermining the alcoholic or drug content therein under subparagraph one\\nof paragraph (a) of subdivision four of section eleven hundred\\nninety-four of the vehicle and traffic law, notwithstanding any\\nprovision to the contrary in clause (ii) of such subparagraph.\\n 3. Prescriptions for controlled substances. A licensed physician\\nassistant, in good faith and acting within his or her lawful scope of\\npractice, and to the extent assigned by his or her supervising\\nphysician, may prescribe controlled substances as a practitioner under\\narticle thirty-three of this chapter, to patients under the care of such\\nphysician responsible for his or her supervision. The commissioner, in\\nconsultation with the commissioner of education, may promulgate such\\nregulations as are necessary to carry out the purposes of this section.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3703", "title" : "Statutory construction", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3703", "activeDate" : "2014-09-22", "sequenceNo" : 1607, "repealedDate" : null, "fromSection" : "3703", "toSection" : "3703", "text" : " § 3703. Statutory construction. A physician assistant may perform any\\nfunction in conjunction with a medical service lawfully performed by the\\nphysician assistant, in any health care setting, that a statute\\nauthorizes or directs a physician to perform and that is appropriate to\\nthe education, training and experience of the licensed physician\\nassistant and within the ordinary practice of the supervising physician.\\nThis section shall not be construed to increase or decrease the lawful\\nscope of practice of a physician assistant under the education law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 4 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A37-A", "title" : "Specialist Assistants", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "37-A", "activeDate" : "2014-09-22", "sequenceNo" : 1608, "repealedDate" : null, "fromSection" : "3710", "toSection" : "3711", "text" : " ARTICLE 37-A\\n SPECIALIST ASSISTANTS\\nSection 3710. Definitions.\\n 3711. Commissioner; powers and duties.\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3710", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3710", "activeDate" : "2014-09-22", "sequenceNo" : 1609, "repealedDate" : null, "fromSection" : "3710", "toSection" : "3710", "text" : " § 3710. Definitions. As used in this article:\\n 1. Specialist assistant. The term \"specialist assistant\" means a\\nperson who is registered pursuant to section sixty-five hundred\\nforty-eight of the education law as a specialist assistant for a\\nparticular medical speciality as defined by regulations promulgated by\\nthe commissioner pursuant to section thirty-seven hundred eleven of this\\narticle.\\n 2. Physician. The term \"physician\" means a practitioner of medicine\\nlicensed to practice medicine pursuant to article one hundred thirty-one\\nof the education law.\\n 3. Hospital. The term \"hospital\" means an institution or facility\\npossessing a valid operating certificate issued pursuant to article\\ntwenty-eight of this chapter and authorized to employ specialist\\nassistants in accordance with rules and regulations of the public health\\nand health planning council.\\n 4. Approved program. The term \"approved program\" means a program for\\nthe education of specialist assistants which has been formally approved\\nby the education department.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3711", "title" : "Commissioner; powers and duties", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3711", "activeDate" : "2014-09-22", "sequenceNo" : 1610, "repealedDate" : null, "fromSection" : "3711", "toSection" : "3711", "text" : " § 3711. Commissioner; powers and duties. The commissioner shall have\\nthe following powers and duties:\\n 1. to promulgate regulations defining and restricting the duties which\\nmay be assigned to specialist assistants, the degree of supervision\\nrequired and the manner in which such duties may be performed;\\n 2. to promulgate regulations establishing such different medical\\nspecialties for which specialist assistants may be registered by the\\neducation department pursuant to section sixty-five hundred forty-eight\\nof the education law as will most effectively increase the quality of\\nmedical care available in this state; provided, however, that no\\ncategory of specialist assistant shall be established: (a) for areas in\\nwhich allied health professions are licensed pursuant to the education\\nlaw or this chapter; or (b) relating to the practice of surgery or\\npractice in the intensive care unit of any general hospital, as defined\\npursuant to article twenty-eight of this chapter.\\n 3. to conduct and support continuing studies respecting the nature and\\nscope of the duties of specialist assistants in order to promote their\\neffective functioning as members of the health care team;\\n 4. to determine the desirability of and to establish rules for\\nrequiring continuing education of specialist assistants;\\n 5. to furnish the education department with suggested criteria which\\nmay be used by the education department to help determine the education\\nand training requirements for a specialist assistant;\\n 6. to adopt such other rules and regulations as may be necessary or\\nappropriate to carry out the purposes of this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 2 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A38", "title" : "Veterans Health Manpower Center", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "38", "activeDate" : "2014-09-22", "sequenceNo" : 1611, "repealedDate" : null, "fromSection" : "3800", "toSection" : "3803", "text" : " ARTICLE 38\\n VETERANS HEALTH MANPOWER CENTER\\nSection 3800. Policy and purposes of article.\\n 3801. Veterans health manpower center.\\n 3802. Powers and duties.\\n 3803. Veterans health care information program.\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3800", "title" : "Policy and purposes of article", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3800", "activeDate" : "2014-09-22", "sequenceNo" : 1612, "repealedDate" : null, "fromSection" : "3800", "toSection" : "3800", "text" : " § 3800. Policy and purposes of article. The availability of adequate\\nnumbers of competent personnel for the provision of health services\\nrequired by the people of the state is essential to the public health.\\nMany of those returning from duty with the armed services possess\\nexperience acquired during assignment to military hospitals or other\\nmedically connected duty for which there exists a critical need in\\ncivilian health service fields. It is the policy of the state to utilize\\nthis valuable resource in the protection and promotion of the health of\\nthe inhabitants of the state.\\n For that purpose the department of health is hereby vested with\\nresponsibility for the identification of veterans health manpower\\nresources and the recruitment and qualification of veterans having\\nexperience in health fields for employment in health service\\noccupations.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3801", "title" : "Veterans health manpower center", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3801", "activeDate" : "2014-09-22", "sequenceNo" : 1613, "repealedDate" : null, "fromSection" : "3801", "toSection" : "3801", "text" : " § 3801. Veterans health manpower center. The commissioner shall\\nestablish within the department a veterans health manpower center for\\nthe purpose of instituting and conducting studies and surveys of\\nveterans health manpower resources, maintaining registries of such\\nresources and recruiting veterans having experience in health fields for\\nemployment in health service occupations.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3802", "title" : "Powers and duties", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2019-04-19", "2022-04-15", "2023-04-07" ], "docLevelId" : "3802", "activeDate" : "2019-04-19", "sequenceNo" : 1614, "repealedDate" : null, "fromSection" : "3802", "toSection" : "3802", "text" : " § 3802. Powers and duties. 1. The veterans health manpower center\\nshall have the following duties:\\n (a) To identify veterans health manpower resources.\\n (b) To conduct studies and surveys of health needs to determine the\\nextent to which such needs can be filled by veterans with health service\\nexperience.\\n (c) To institute and operate a veterans health manpower recruiting\\nservice including, but not limited to, a guidance and counselling\\nservice.\\n 2. In the exercise of the foregoing powers and duties the commissioner\\nshall consult with the director of the division of veterans' services\\nand the heads of state agencies charged with responsibility for manpower\\nand health resources.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3803", "title" : "Veterans health care information program", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2019-04-19", "2019-11-15", "2020-05-15", "2022-04-15", "2023-04-07" ], "docLevelId" : "3803", "activeDate" : "2019-04-19", "sequenceNo" : 1615, "repealedDate" : null, "fromSection" : "3803", "toSection" : "3803", "text" : " § 3803. Veterans health care information program. 1. There is hereby\\ncreated within the department the veterans health care information\\nprogram (referred to in this section as the \"program\"), which shall\\nprovide information on health issues associated with military duty,\\nincluding but not limited to Agent Orange, Gulf War Syndromes, toxic\\nmaterials or harmful physical agents such as, depleted uranium, and\\nhepatitis C, for veterans, their surviving spouses and health care\\nproviders.\\n 2. The program shall include but not be limited to the following\\nelements:\\n (a) public service announcements;\\n (b) establishment of a toll-free telephone hotline to provide\\ninformation regarding health care providers and treatment centers with\\nexpertise in illnesses associated with military duty; and\\n (c) establish a veterans health information clearing house on-line.\\n 3. In exercising any of his or her powers under this section, the\\ncommissioner shall consult with appropriate health care professionals,\\nproviders, veterans or organizations representing them, the division of\\nveterans' services, the United States department of veterans affairs and\\nthe United States defense department.\\n 4. The commissioner may make rules and regulations necessary and\\nappropriate for the implementation of this section.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 4 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A39", "title" : "New York State Center For Agricultural Medicine and Health", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "39", "activeDate" : "2014-09-22", "sequenceNo" : 1616, "repealedDate" : null, "fromSection" : "3900", "toSection" : "3908", "text" : " ARTICLE 39\\n NEW YORK STATE CENTER FOR AGRICULTURAL MEDICINE AND HEALTH\\nSection 3900. Legislative findings and purposes.\\n 3901. Definitions.\\n 3902. New York state center for agricultural medicine and\\n health.\\n 3903. Purposes of the center.\\n 3904. Contributions.\\n 3905. Funds.\\n 3906. Contract authority.\\n 3907. Agricultural health and safety advisory board.\\n 3908. Annual report.\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3900", "title" : "Legislative findings and purposes", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3900", "activeDate" : "2014-09-22", "sequenceNo" : 1617, "repealedDate" : null, "fromSection" : "3900", "toSection" : "3900", "text" : " § 3900. Legislative findings and purposes. 1. The legislature hereby\\nfinds, determines, and declares that promotion of the continued health\\nand safety of New York state's farming community continues to be an\\nunmet need. It further finds that agriculture is ranked as the most\\ndangerous occupation on a nationwide basis and that farmers and other\\nagricultural workers are injured and killed at a rate four times greater\\nthan other workers in the country: in nineteen hundred eighty-five,\\nforty-five deaths and over four thousand farm-related injuries were\\nreported within New York state.\\n 2. The provision of health and safety services unique to the\\nagricultural sector has been seen by many physicians as relatively\\nunattractive. As a consequence, the medical profession lacks specific\\nknowledge of, and expertise in, treating farm illnesses. While some\\nprogress has been made to date in the area of farm health and safety,\\nmore work is needed to address such specific concerns as traumatic\\ninjury, hearing loss, and occupational cancer. Further efforts need to\\nbe made to provide educational programs to improve awareness of\\nagricultural health concerns, and to enhance delivery of targeted\\nagricultural health services in the state.\\n 3. It is vital that the state of New York develop a capability to\\naddress the special health and safety needs of the state's farming\\ncommunity. In order to facilitate a focus on agricultural medicine and\\nhealth, the legislature hereby determines that there is a need to create\\na New York state center for agricultural medicine and health to operate\\nin conjunction with the Mary Imogene Bassett Hospital, Cooperstown, New\\nYork.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3901", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3901", "activeDate" : "2014-09-22", "sequenceNo" : 1618, "repealedDate" : null, "fromSection" : "3901", "toSection" : "3901", "text" : " § 3901. Definitions. For purposes of this article, the following terms\\nshall have the following meanings:\\n 1. \"Center\" shall mean the center for agricultural medicine and health\\nto be established in conjunction with the Mary Imogene Bassett Hospital\\nof Cooperstown, New York.\\n 2. \"Director\" shall mean the director of the center for agricultural\\nmedicine and health.\\n 3. \"Board\" shall mean the agricultural health and safety advisory\\nboard.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3902", "title" : "New York state center for agricultural medicine and health", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3902", "activeDate" : "2014-09-22", "sequenceNo" : 1619, "repealedDate" : null, "fromSection" : "3902", "toSection" : "3902", "text" : " § 3902. New York state center for agricultural medicine and health.\\nThere is hereby established a center for agricultural medicine and\\nhealth to operate in conjunction with the Mary Imogene Bassett Hospital,\\nCooperstown, New York. Such center shall operate under the guidance of a\\ndirector, who shall be appointed by the board of trustees of the Mary\\nImogene Bassett Hospital, Cooperstown, New York upon the advice and\\nconsent of the president of such hospital.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3903", "title" : "Purposes of the center", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3903", "activeDate" : "2014-09-22", "sequenceNo" : 1620, "repealedDate" : null, "fromSection" : "3903", "toSection" : "3903", "text" : " § 3903. Purposes of the center. In order to more effectively serve the\\nhealth and medical needs of the state's agricultural community, the\\ncenter shall:\\n 1. develop strategies for the provision of comprehensive occupational\\nhealth services for New York farmers and agricultural workers, including\\nbut not limited to migrant workers;\\n 2. research and develop information on the epidemiology of\\nfarm-related occupational illness;\\n 3. compile resource material relating to agricultural medicine and\\npreventive health care;\\n 4. provide continuing agricultural health and medical education\\nprograms for physicians and other health care personnel and service\\nproviders practicing within the state;\\n 5. provide education and other service programs to farmers and\\nagricultural workers on agricultural health and safety issues; and\\n 6. establish relations with existing health care and agricultural\\ninterest groups to ensure appropriate, targeted delivery of agricultural\\nhealth and safety services and information.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3904", "title" : "Contributions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3904", "activeDate" : "2014-09-22", "sequenceNo" : 1621, "repealedDate" : null, "fromSection" : "3904", "toSection" : "3904", "text" : " § 3904. Contributions. The center is authorized to receive any grant\\nor contribution from any person, association, or public or private\\ncorporation.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3905", "title" : "Funds", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3905", "activeDate" : "2014-09-22", "sequenceNo" : 1622, "repealedDate" : null, "fromSection" : "3905", "toSection" : "3905", "text" : " § 3905. Funds. The center is authorized to disburse funds to carry out\\nits programs and activities.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3906", "title" : "Contract authority", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3906", "activeDate" : "2014-09-22", "sequenceNo" : 1623, "repealedDate" : null, "fromSection" : "3906", "toSection" : "3906", "text" : " § 3906. Contract authority. The center is hereby authorized to enter\\ninto agreements or contracts with any public or private agency,\\ncorporation, or individual in order to carry out the provisions of this\\narticle. Funds made available by the center pursuant to this article\\nshall be provided pursuant to the terms of such contracts.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3907", "title" : "Agricultural health and safety advisory board", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3907", "activeDate" : "2014-09-22", "sequenceNo" : 1624, "repealedDate" : null, "fromSection" : "3907", "toSection" : "3907", "text" : " § 3907. Agricultural health and safety advisory board. 1. There is\\nhereby created an advisory board to be known as the \"agricultural health\\nand safety advisory board\", to be comprised of twelve members consisting\\nof the following named persons or their designees: the commissioner of\\nhealth; the commissioner of agriculture and markets; the dean of the\\nschool of public health sciences at the state university of New York at\\nAlbany; the dean of the college of agriculture and life sciences at\\nCornell university; and eight additional members, one of whom shall be\\nappointed by the governor and shall be a representative of a county\\ncooperative extension, one of whom shall be appointed by the governor\\nand shall be a representative of rural New York, six of whom shall be\\nrepresentatives of general farm organizations, or individual farmers\\nwith annual gross sales of ten thousand dollars or more, or individuals\\ninvolved in providing health and safety services in counties with fewer\\nthan two hundred thousand persons, or members of farm workers\\norganizations, to be appointed as follows: two by the temporary\\npresident of the senate, two by the speaker of the assembly, one by the\\nminority leader of the senate, and one by the minority leader of the\\nassembly. Members of the board shall elect a chairperson on an annual\\nbasis.\\n 2. Members of the board shall receive no salary, but shall be\\nreimbursed by the director for expenses actually and necessarily\\nincurred by them in the performance of their duties as described\\nhereunder.\\n 3. Vacancies on the board shall be filled in the same manner as the\\noriginal appointments.\\n 4. The director shall cause the center to provide staff assistance\\nnecessary for the efficient and effective operation of the board.\\n 5. The board shall render advice regarding:\\n a. statewide needs to be addressed by the center;\\n b. the coordination of program activities with state agencies,\\nnot-for-profit corporations and other interested parties;\\n c. dissemination of research results and educational information; and\\n d. identification of funding sources for center program.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "3908", "title" : "Annual report", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3908", "activeDate" : "2014-09-22", "sequenceNo" : 1625, "repealedDate" : null, "fromSection" : "3908", "toSection" : "3908", "text" : " § 3908. Annual report. The director, in cooperation with the advisory\\nboard, shall report the activities of the center to the governor and the\\nlegislature on or before January first of each year. Such report shall\\ninclude:\\n 1. A description of on-going center research and program development;\\n 2. Present and proposed working relationships with other agencies,\\nnot-for-profit groups or private associations;\\n 3. A financial reporting on the nature and levels of revenues and\\nexpenditures of the center, as well as a listing of accumulated assets;\\nand\\n 4. Recommendations for enhancing agricultural health and safety in New\\nYork state.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 9 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A40", "title" : "Hospice", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22", "2017-08-25", "2019-11-22" ], "docLevelId" : "40", "activeDate" : "2017-08-25", "sequenceNo" : 1626, "repealedDate" : null, "fromSection" : "4000", "toSection" : "4015", "text" : " ARTICLE 40\\n HOSPICE\\nSection 4000. Legislative declaration.\\n 4002. Definitions.\\n 4004. Establishment of hospices.\\n 4006. Hospice construction.\\n 4008. Certification of hospices.\\n 4010. Powers and duties of the commissioner and the state\\n hospital review and planning council.\\n 4011. Quality assurance.\\n 4012. Payment for hospice.\\n 4012-a. Hospice supplemental financial assistance program for\\n persons with special needs.\\n 4012-b. Hospice palliative care program for persons with\\n advanced and progressive disease.\\n 4013. Hospice worker recruitment and retention program.\\n 4013-b. Home care services worker registry.\\n 4014. Hospice residence pilot program.\\n 4015. Pilot program for all-inclusive care for children.\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4000", "title" : "Legislative declaration", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4000", "activeDate" : "2014-09-22", "sequenceNo" : 1627, "repealedDate" : null, "fromSection" : "4000", "toSection" : "4000", "text" : " § 4000. Legislative declaration. The legislature finds and declares\\nthat hospice is a socially and financially beneficial alternative to\\nconventional curative care for those afflicted by terminal illness. It\\nfurther finds that hospice is a unique, interdisciplinary program of\\npalliative and supportive care to meet the stresses associated with\\nillness, death and bereavement through the innovation and reorganization\\nof home and traditional inpatient health services.\\n In recognition of the value of hospice and consistent with state\\npolicy to encourage the expansion of health care service options\\navailable to New York state residents, it is the intention of the\\nlegislature that hospice be available to all who seek such care and that\\nit become a permanent component of the state's health care system.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4002", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2017-08-25", "2021-07-09" ], "docLevelId" : "4002", "activeDate" : "2017-08-25", "sequenceNo" : 1628, "repealedDate" : null, "fromSection" : "4002", "toSection" : "4002", "text" : " § 4002. Definitions. As used in this article, the following words and\\nphrases shall have the following meanings:\\n 1. \"Hospice\" means a coordinated program of home and in-patient care\\nwhich treats the terminally ill patient and family as a unit, employing\\nan interdisciplinary team acting under the direction of an autonomous\\nhospice administration. The program provides palliative and supportive\\ncare to meet the special needs arising out of physical, psychological,\\nspiritual, social and economic stresses which are experienced during the\\nfinal stages of illness, and during dying and bereavement.\\n 2. \"Hospice demonstration program participant\" means a hospice which\\nwas approved to participate in the hospice demonstration program\\nestablished pursuant to chapter seven hundred eighteen of the laws of\\nnineteen hundred seventy-eight and is operating on the thirtieth day of\\nJune, nineteen hundred eighty-three.\\n 2-a. \"Home\" shall include a hospice patient's home or a hospice\\nresidence.\\n 2-b. \"Hospice residence\" means a hospice operated home which is\\nresidential in character and physical structure and operated for the\\npurpose of providing more than two hospice patients but not more than\\nsixteen hospice patients with hospice care, which may include dually\\ncertified hospice in-patient beds up to twenty-five percent of the\\nhospice residence's patient capacity, or up to fifty percent of the\\nhospice residence's patient capacity with the commissioner's approval.\\n 3. \"Construction\" means construction as defined in section thirty-six\\nhundred two of this chapter.\\n 4. \"Public health council\" and \"state hospital review and planning\\ncouncil\" shall mean the public health and health planning council.\\n 5. \"Terminally ill\" means an individual has a medical prognosis that\\nthe individual's life expectancy is approximately one year or less if\\nthe illness runs its normal course.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4004", "title" : "Establishment of hospices", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4004", "activeDate" : "2014-09-22", "sequenceNo" : 1629, "repealedDate" : null, "fromSection" : "4004", "toSection" : "4004", "text" : " § 4004. Establishment of hospices. 1. The commissioner shall not\\nissue a certificate of approval to any hospice except with the written\\napproval of the public health and health planning council. However, a\\nhospice demonstration program participant making application to the\\ncommissioner solely to establish a hospice shall be deemed to have met\\nsuch requirement.\\n 2. An application for approval of the proposed hospice shall be filed\\nwith the public health and health planning council together with such\\nother forms and information as shall be prescribed by, or acceptable to,\\nthe public health and health planning council. Thereafter, the public\\nhealth and health planning council shall forward a copy of the proposed\\napplication for establishment and accompanying documents to the health\\nsystems agency, if any, having geographical jurisdiction of the area\\nwhere the services of the proposed hospice are to be offered. The public\\nhealth and health planning council shall act upon such application after\\nthe health systems agency has had a reasonable time to submit its\\nrecommendations. At the time members of the public health and health\\nplanning council are notified that an application is scheduled for\\nconsideration, the applicant and the health systems agency shall be so\\nnotified in writing. The public health and health planning council shall\\nnot take any action contrary to the advice of the health systems agency\\nuntil it affords to the health system agency an opportunity to request a\\npublic hearing and, if so requested, a public hearing shall be held. If\\nthe public health and health planning council proposes to disapprove the\\napplication, it shall afford the applicant an opportunity to request a\\npublic hearing. The public health and health planning council may hold a\\npublic hearing on the application on its own motion. Any public hearing\\nheld pursuant to this subdivision may be conducted by the public health\\nand health planning council or by any individual designated by the\\npublic health and health planning council. The public health and health\\nplanning council shall not approve an application for establishment\\nunless it is satisfied, insofar as applicable, as to (a) the public need\\nfor the existence of the hospice at the time and place and under the\\ncircumstances proposed; (b) the character, competence, and standing in\\nthe community, of the proposed incorporators, directors, sponsors,\\nstockholders or operators; (c) the financial resources of the proposed\\nhospice and its sources of future revenues; and (d) such other matters\\nas it shall deem pertinent.\\n 3. (a) No hospice shall be approved for establishment which would be\\noperated by a corporation any of the stock of which is owned by another\\ncorporation.\\n (b) Any change in the person, principal stockholder or partnership\\nwhich is the operator of a hospice shall be approved by the public\\nhealth and health planning council in accordance with the provisions of\\nsubdivisions one and two of this section.\\n 4. (a) The public health and health planning council, by a majority\\nvote of its members, shall adopt and amend rules and regulations, to\\neffectuate the provisions and purposes of this section, and to provide\\nfor the revocation, limitation or annulment of approvals of\\nestablishment.\\n (b) (i) No approval of establishment shall be revoked, limited or\\nannulled without first offering the person who received such approval\\nthe opportunity of requesting a public hearing, (ii) the commissioner,\\nat the request of the public health and health planning council, shall\\nfix a time and place for any such hearing requested, (iii) notice of the\\ntime and place of the hearing shall be served in person or mailed by\\nregistered mail to the person who has received establishment approval at\\nleast twenty-one days before the date fixed for the hearing, (iv) such\\nperson shall file with the department, not less than eight days prior to\\nthe hearing, a written answer, (v) all orders or determinations\\nhereunder shall be subject to review as provided in article\\nseventy-eight of the civil practice law and rules. Application for such\\nreview must be made within sixty days after service in person or by\\nregistered mail of a copy of such order or determination.\\n 5. (a) The commissioner shall charge to applicants for the\\nestablishment of a hospice an application fee in the amount of two\\nthousand dollars.\\n (b) An applicant for both establishment and construction of a hospice\\nshall not be subject to this subdivision and shall be subject to fees\\nand charges as set forth in section four thousand six of this article.\\n (c) All fees pursuant to this section shall be payable to the\\ndepartment of health for deposit into the special revenue funds - other,\\nmiscellaneous special revenue fund - 339, certificate of need account.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4006", "title" : "Hospice construction", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4006", "activeDate" : "2014-09-22", "sequenceNo" : 1630, "repealedDate" : null, "fromSection" : "4006", "toSection" : "4006", "text" : " § 4006. Hospice construction. 1. The construction of a hospice shall\\nrequire the prior approval of the commissioner.\\n 2. An application for such construction shall be filed with the\\ndepartment, together with such other forms and information as shall be\\nprescribed by, or acceptable to, the department. Thereafter the\\ndepartment shall forward a copy of the application and accompanying\\ndocuments to the public health and health planning council and the\\nhealth systems agency, if any, having geographical jurisdiction of the\\narea where the hospice is located.\\n 3. The commissioner shall not act upon an application for construction\\nunless (a) the applicant has obtained all approvals and consents\\nrequired by law for its incorporation or establishment (including the\\napproval of the public health and health planning council pursuant to\\nthe provisions of this article) and until the public health and health\\nplanning council and the health systems agency concerned have had a\\nreasonable time to submit their recommendations, and (b) the\\ncommissioner is satisfied as to the public need for the construction, at\\nthe time and place and under the circumstances proposed.\\n 4. Subject to the provisions of paragraph (b) of subdivision three of\\nthis section, the commissioner in approving the construction shall take\\ninto consideration and be empowered to request information and advice as\\nto (a) the availability of facilities or services which currently serve\\nas alternatives or substitutes for the whole or any part of the proposed\\nconstruction; (b) the need for program changes in view of existing\\nutilization at the time and place and under the circumstances proposed;\\n(c) the adequacy of financial resources and sources of future revenue;\\nand (d) whether the hospice has been operated in substantial compliance\\nwith all applicable laws, rules and regulations.\\n 5. In determining whether there is a public need for the proposed\\nconstruction pursuant to subdivisions three and four of this section,\\nthe commissioner shall consider the advice of the state health planning\\nand development agency designated pursuant to the provisions of the\\nnational health planning and resources development act of nineteen\\nhundred seventy-four and any amendments thereto.\\n 6. No governmental agency shall construct a hospice without securing\\nthe written approval of the commissioner in accordance with the\\napplicable requirements and procedures of the preceding subdivisions.\\n 7. If the commissioner proposes to disapprove an application for\\nconstruction of a hospice, he shall afford the applicant an opportunity\\nto request a public hearing. The commissioner shall not take any action\\ncontrary to the advice of the health systems agency until he affords an\\nopportunity to the agency to request a public hearing and, if so\\nrequested, a public hearing shall he held.\\n 8. The commissioner, on his own motion, may hold a public hearing on\\nan application for construction of a hospice.\\n 9. (a) The commissioner shall charge to applicants for construction of\\na hospice an application fee of two thousand dollars.\\n (b) At such time as the commissioner's written approval of the\\nconstruction is granted, each such applicant shall pay an additional fee\\nof thirty hundredths of one percent of the total capital value of the\\napplication.\\n (c) All fees pursuant to this section shall be payable to the\\ndepartment of health for deposit into the special revenue fund - other,\\nmiscellaneous special revenue fund - 339, certificate of need account.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4008", "title" : "Certification of hospices", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4008", "activeDate" : "2014-09-22", "sequenceNo" : 1631, "repealedDate" : null, "fromSection" : "4008", "toSection" : "4008", "text" : " § 4008. Certification of hospices. 1. The commissioner shall not issue\\na certificate of approval to any hospice unless it complies with the\\nprovisions of this article and the rules and regulations promulgated\\npursuant thereto, in accordance with the standards and procedures\\nadopted by the state hospital review and planning council, and is\\nqualified to participate as a hospice under title XVIII of the Federal\\nSocial Security Act, provided, however that the commissioner shall issue\\na certificate of approval to a hospice if he is satisfied that the\\nhospice cannot qualify to participate as a hospice under title XVIII of\\nthe Federal Social Security Act solely because it proposes to provide\\nnursing services by arrangement with a certified home health agency. No\\nperson, partnership or organization shall hold itself out as a hospice\\nunless it shall possess a valid certificate of approval.\\n 2. Any hospice demonstration program participant applying for a\\ncertificate of approval by the first day of June nineteen hundred\\neighty-four and meeting all applicable standards shall be issued a\\ncertificate of approval.\\n 3. Subject to the provisions of this section and section four thousand\\nten of this article, contractual agreements between a hospice and other\\nproviders of other care and services shall not be prohibited, and a\\nhospice may employ and enter into contracts with any licensed healthcare\\nprofessional or any lawful combination thereof in relation to services\\nprovided by the hospice under this article, provided that the hospice\\nmaintains full responsibility for the planning, coordination and quality\\nof such services and the adherence to the plan of care established for\\nthe patients.\\n 4. A hospice certificate of approval may be revoked, suspended,\\nlimited or annulled by the commissioner on proof that the hospice has\\nfailed to comply with the provisions of this article or rules and\\nregulations promulgated thereunder.\\n 5. No hospice certificate of approval shall be revoked, suspended,\\nlimited or annulled without a hearing. However, a certificate may be\\ntemporarily suspended or limited without a hearing for a period not in\\nexcess of thirty days upon written notice to the hospice following a\\nfinding by the department that the public health or safety is in\\nimminent danger.\\n 6. The commissioner shall fix a time and place for the hearing. A\\ncopy of the charges, together with the notice of the time and place of\\nthe hearing, shall be served in person or mailed by registered or\\ncertified mail to the hospice at least twenty-one days before the date\\nfixed for the hearing. The hospice shall file with the department not\\nless than eight days prior to the hearing, a written answer to the\\ncharges.\\n 7. All orders or determinations hereunder shall be subject to review\\nas provided in article seventy-eight of the civil practice law and\\nrules. Application for such review must be made within sixty days after\\nservice in person or by registered or certified mail of a copy of the\\norder or determination upon the applicant.\\n 8. (a) Notwithstanding the provisions of subdivisions five through\\nseven of this section, the commissioner shall suspend, limit or revoke a\\nhospice certificate of approval after taking into consideration the\\npublic need for the hospice and the availability of other services which\\nmay serve as alternatives or substitutes, and after finding that\\nsuspending, limiting, or revoking the certificate of approval of the\\nhospice would be within the public interest in order to conserve health\\nresources by restricting the level of services to those which are\\nactually needed.\\n (b) Whenever any finding as described in paragraph (a) of this\\nsubdivision is under consideration with respect to any particular\\nhospice, the commissioner shall cause to be published, in a newspaper of\\ngeneral circulation in the geographic area of the hospice, at least\\nthirty days prior to making such a finding an announcement that such\\nfinding is under consideration and an address to which interested\\npersons can write to make their views known. The commissioner shall take\\nall public comments into consideration in making such a finding.\\n (c) The commissioner shall, upon making any finding described in\\nparagraph (a) of this subdivision with respect to any hospice, cause\\nsuch hospice and the appropriate health systems agency to be notified of\\nthe finding at least thirty days in advance of taking the proposed\\naction to revoke, suspend or limit the hospice's certificate of\\napproval. Upon receipt of any such notification and before the\\nexpiration of the thirty days or such longer period as may be specified\\nin the notice, the hospice or the appropriate health systems agency may\\nrequest a public hearing to be held in the county in which the hospice\\nis located. In no event shall the revocation, suspension or limitation\\ntake effect prior to the thirtieth day after the date of the notice, or\\nprior to the effective date specified in the notice or prior to the date\\nof the hearing decision, whichever is later.\\n (d) Except as otherwise provided by law, all appeals from a finding of\\nthe commissioner made pursuant to paragraph (a) of this subdivision\\nshall be directly to the appellate division of the supreme court in the\\nthird department. Except as otherwise expressly provided by law, such\\nappeals shall have preference over all issues in all courts.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4010", "title" : "Powers and duties of the commissioner and the state hospital review and planning council", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4010", "activeDate" : "2014-09-22", "sequenceNo" : 1632, "repealedDate" : null, "fromSection" : "4010", "toSection" : "4010", "text" : " § 4010. Powers and duties of the commissioner and the state hospital\\nreview and planning council. 1. The commissioner shall have the power to\\nconduct periodic inspections of hospices with respect to the fitness and\\nadequacy of equipment, personnel, rules and bylaws, standards of service\\nand medical care, system of accounts, records, and the adequacy of\\nfinancial resources and sources of future revenues.\\n 2. The commissioner shall seek from the federal government any waivers\\nnecessary to obtain medicare reimbursement for services provided by\\nhospices which provide nursing services by arrangement with a certified\\nhome health agency. Subject to the approval of the director of the\\nbudget, the commissioner is authorized to seek any other federal waivers\\nhe deems necessary to improve the provision of hospice services.\\n 3. Each hospice shall submit annually to the commissioner a complete\\ndescription of its operation, including name, address, principal place\\nof business, ownership, identification of the administrative personnel\\nand members of the interdisciplinary team, the nature and extent of\\npalliative and supportive care, the functions and activities performed\\nby volunteers, a copy of all contracts and agreements entered into for\\nthe care and services it provides under arrangement, and such other\\ninformation as the commissioner shall require. The commissioner shall\\nset an annual date for submission of such information.\\n 4. The state hospital review and planning council, by a majority vote\\nof its members, shall adopt and amend rules and regulations, subject to\\nthe approval of the commissioner, to effectuate the provisions and\\npurposes of this article with respect to hospices including, but not\\nlimited to, (a) the establishment of requirements for a uniform\\nstatewide system of reports and audits relating to the quality of\\nservices provided and their utilization and costs; (b) establishment by\\nthe department of schedules of rates, payments, reimbursements, grants\\nand other charges; (c) standards and procedures relating to certificates\\nof approval for hospices; (d) uniform standards for quality of care\\nservices to be provided by hospices; (e) requirements for minimum levels\\nof staffing, taking into consideration the size of the hospice or the\\ntype of care and service provided, and the special needs of the persons\\nserved; (f) standards and procedures relating to contractual\\narrangements between hospices and other providers of care including the\\nprovision of nursing services by contract; (g) requirements for uniform\\nreview of the appropriate utilization of services; (h) requirements for\\nminimum qualifications and standards of training for personnel as\\nappropriate; (i) requirements to assure that certified hospices assume\\ntotal responsibility for hospice patients, including direction and\\ncoordination of all care; and (j) requirements relating to fire safety\\nin those portions of hospice residences in which hospice patients reside\\nand receive care, which requirements shall establish standards identical\\nto those set forth for small residential board and care facilities in\\nchapter 21, section 21-2 of the 1985 National Fire Protection\\nAssociation 101 Life Safety Code, as in effect on the effective date of\\nthis paragraph. The commissioner may propose rules and regulations and\\namendments thereto for consideration by the council.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4011", "title" : "Quality assurance", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4011", "activeDate" : "2014-09-22", "sequenceNo" : 1633, "repealedDate" : null, "fromSection" : "4011", "toSection" : "4011", "text" : " § 4011. Quality assurance. 1. Every hospice is required to establish a\\nquality assurance program which shall objectively and systematically\\nmonitor and evaluate the quality and appropriateness of care and\\nservices provided by the hospice.\\n 2. The information required to be collected and maintained by hospices\\npursuant to subdivision one of this section and as required by\\nsubdivision four of section four thousand ten of this article shall be\\nkept confidential and shall not be released except to the department;\\nprovided, however, that such information shall be released to a law\\nenforcement agency upon a court order based upon probable cause that\\nsuch information: (a) is relevant to a criminal investigation or\\nproceeding and (b) cannot be obtained through any other means. Nothing\\nin this section shall prohibit a hospice from voluntarily releasing what\\nit reasonably believes to be evidence of criminality to a law\\nenforcement agency.\\n 3. Notwithstanding any other provision of law, none of the records,\\ndocumentation or committee actions or records required to be maintained\\nby hospices pursuant to subdivision one of this section and as required\\nby subdivision four of section four thousand ten of this article shall\\nbe subject to disclosure under article six of the public officers law or\\narticle thirty-one of the civil practice law and rules, except as\\nhereinafter provided or as provided by any other provision of law. No\\nperson in attendance at a meeting of any such committee shall be\\nrequired to testify as to what transpired thereat. The prohibitions of\\nthis subdivision shall not apply to statements made by any person in\\nattendance at such a meeting who is a party, or employee or agent of a\\nparty to any action or proceeding the subject matter of which was\\nreviewed at such meeting. Nothing contained in this subdivision shall\\nprohibit disclosure of records, documentation or committee actions or\\nrecords relating to employment history and recommendations from being\\ntransmitted to any hospice which is required by law or regulation to\\nobtain such information.\\n 4. There shall be no monetary liability on the part of, and no cause\\nof action for damages shall arise against, any person, partnership,\\ncorporation, firm, society or other entity on account of participating\\nin good faith and with reasonable care in a quality assurance committee\\nor the communication of information in the possession of such person or\\nentity, or on account of any recommendation or evaluation, regarding the\\nqualifications, fitness, conduct or practices of any officer, director,\\nemployee, or agent of such hospice to any government agency,\\nprofessional society, licensing or certification board as required by\\nsubdivision one of this section and subdivision four of section four\\nthousand ten of this article. The foregoing shall not apply to\\ninformation which is untrue and communicated with malicious intent.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4012", "title" : "Payment for hospice", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2018-04-20", "2018-04-27", "2020-04-17", "2022-12-16", "2023-03-31", "2023-06-09", "2023-06-23" ], "docLevelId" : "4012", "activeDate" : "2018-04-27", "sequenceNo" : 1634, "repealedDate" : null, "fromSection" : "4012", "toSection" : "4012", "text" : " § 4012. Payment for hospice. 1. No government agency shall purchase,\\npay for or make reimbursement or grants-in-aid for services provided by\\na hospice unless, at the time the services were provided, the hospice\\npossessed a valid certificate of approval.\\n 2. Payments for hospice care made by government agencies shall be at\\nrates approved by the state director of the budget.\\n 3. Prior to the approval of hospice rates, the commissioner shall\\ndetermine and certify to the state director of the budget that the\\nproposed rate schedules for payments for hospice services are reasonable\\nand adequate to meet the costs which must be incurred by efficiently and\\neconomically operated programs. In making such certification, the\\ncommissioner shall take into consideration the elements of cost,\\ngeographical differentials in the elements of cost considered, economic\\nfactors in the area in which the hospice is located, costs of hospice\\nprograms of comparable size, the need for incentives to improve services\\nand institute economies, and applicable medicare reimbursement\\nregulations.\\n 4. Subject to the availability of funds, the provisions of clause (B)\\nof subparagraph (iii) of paragraph (e) of subdivision one of section\\ntwenty-eight hundred seven-c of this chapter shall apply to hospices.\\n 5. The commissioner shall establish a methodology as of July first,\\ntwo thousand eighteen subject to federal financial participation that\\nshall ensure a prospective ten-percent increase in the medicaid\\nreimbursement rates for hospice providers, relative to the reimbursement\\nrate, as of March thirty-first, two thousand eighteen, for services\\nprovided by such providers on and after April first, two thousand\\neighteen.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4012-A", "title" : "Hospice supplemental financial assistance program for persons with special needs", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4012-A", "activeDate" : "2014-09-22", "sequenceNo" : 1635, "repealedDate" : null, "fromSection" : "4012-A", "toSection" : "4012-A", "text" : " § 4012-a. Hospice supplemental financial assistance program for\\npersons with special needs. 1. Notwithstanding any provision of law or\\nregulation to the contrary, an additional amount may be added to a\\nhospice's rate pursuant to the medical assistance program, subject to\\napproval by the state director of the budget, for purposes of enabling\\nsuch hospice to provide care and services to persons with special needs,\\nafter a determination that such care cannot be appropriately provided at\\nthe rates of payment established pursuant to federal criteria.\\n 2. \"Persons with special needs\" as used herein shall include persons\\nwith acquired immune deficiency syndrome and other illnesses or\\nconditions, which require a more costly or intensive level of care than\\ntypically provided, and persons receiving care in a hospice residence.\\nSuch other illnesses or conditions shall be specified in regulation by\\nthe state hospital review and planning council.\\n 3. In order for a hospice to obtain additional medicaid payment as\\nprovided for in this section, the hospice shall submit cost information\\nas required by the commissioner, in consultation with the commissioner\\nof social services, which justifies additional medicaid expenditures,\\nincluding a demonstration that adequate care to persons with special\\nneeds cannot be provided within the rates of payment established\\npursuant to federal criteria. In addition to demonstrating that the\\nhospice is certified and in good standing with all applicable\\nregulations and requirements, the hospice shall also demonstrate that it\\nshall:\\n (a) utilize such additional payment to provide services to persons\\nwith special needs;\\n (b) shall undertake reasonable efforts to maintain financial support\\nfrom public and community contributed funding sources;\\n (c) shall make every reasonable effort to collect payments for\\nservices from third party insurance payers, governmental payers and\\nself-paying patients; and\\n (d) shall establish a reasonable relationship between costs and\\ncharges, or establish charges at approximate costs.\\n 4. The commissioner, in consultation with the commissioner of social\\nservices, is authorized to submit for approval and adoption by the state\\nhospital review and planning council such regulations as necessary to\\neffectuate the provisions of this section.\\n 5. The commissioner shall establish a rate for persons receiving care\\nin a hospice residence, and may by regulation specify additional\\nstandards necessary to ensure that the provisions of this section\\npromote medical assistance recipients access to hospice residence care\\nincluding; (a) that such recipients are otherwise unable to\\nappropriately receive hospice care in their own home; and (b) the\\nprovision of supplemental financial assistance will promote the\\nefficient delivery of appropriate, quality, cost-effective services.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4012-B", "title" : "Hospice palliative care program for persons with advanced and progressive disease", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2019-11-22" ], "docLevelId" : "4012-B", "activeDate" : "2014-09-22", "sequenceNo" : 1636, "repealedDate" : null, "fromSection" : "4012-B", "toSection" : "4012-B", "text" : " § 4012-b. Hospice palliative care program for persons with advanced\\nand progressive disease. 1. Notwithstanding any inconsistent provision\\nof this article to the contrary, a hospice may also offer a program of\\npalliative care for patients with advanced and progressive disease and\\ntheir families. Such a program may be provided by a hospice issued a\\ncertificate of approval pursuant to section forty hundred four of this\\narticle, acting alone or under contract with a certified home health\\nagency, long term home health care program, licensed home care services\\nagency or AIDS home care program, as such terms are defined in section\\nthirty-six hundred two of this chapter. Nothing in this section shall\\npreclude the provision of palliative care by any other health care\\nprovider otherwise authorized to provide such services.\\n 2. For the purposes of this section the following terms shall mean:\\n (a) \"Advanced and progressive disease\" means a medical condition which\\nis irreversible and which will continue indefinitely, where there is no\\nreasonable hope of maintaining life.\\n (b) \"Palliative care\" means the active, interdisciplinary care of\\npatients with advanced, life-limiting illness, focusing on relief of\\ndistressing physical and psychosocial symptoms and meeting spiritual\\nneeds. Its goal is achievement of the best quality of life for patients\\nand families.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4013", "title" : "Hospice worker recruitment and retention program", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2020-04-17" ], "docLevelId" : "4013", "activeDate" : "2014-09-22", "sequenceNo" : 1637, "repealedDate" : null, "fromSection" : "4013", "toSection" : "4013", "text" : " § 4013. Hospice worker recruitment and retention program. 1. The\\ncommissioner shall, subject to the provisions of subdivision two of this\\nsection, increase medical assistance rates of payment by three percent\\nfor hospice services provided on and after December first, two thousand\\ntwo, for purposes of improving recruitment and retention of\\nnon-supervisory workers or workers with direct patient care\\nresponsibility.\\n 2. Hospice services providers which have their rates adjusted pursuant\\nto this section shall use such funds for the purposes of recruitment and\\nretention of non-supervisory workers or workers with direct patient care\\nresponsibility only and are prohibited from using such funds for any\\nother purposes. Funds provided pursuant to this section are not intended\\nto supplant support provided by a local government. Each such provider\\nshall submit, at a time and in a manner to be determined by the\\ncommissioner, a written certification attesting that such funds will be\\nused solely for the purpose of recruitment and retention of\\nnon-supervisory workers or workers with direct patient care\\nresponsibility. The commissioner is authorized to audit each such\\nprovider to ensure compliance with the written certification required by\\nthis subdivision and shall recoup all funds determined to have been used\\nfor purposes other than recruitment and retention of non-supervisory\\nworkers or workers with direct patient care responsibility. Such\\nrecoupment shall be in addition to any other penalties provided by law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4013-B", "title" : "Home care services worker registry", "docType" : "SECTION", "publishedDates" : [ "2017-08-25" ], "docLevelId" : "4013-B", "activeDate" : "2017-08-25", "sequenceNo" : 1638, "repealedDate" : null, "fromSection" : "4013-B", "toSection" : "4013-B", "text" : " § 4013-b. Home care services worker registry. A hospice program\\nproviding hospice care in a patient's home shall comply with the home\\ncare services worker registry under section thirty-six hundred thirteen\\nof this chapter.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4014", "title" : "Hospice residence pilot program", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4014", "activeDate" : "2014-09-22", "sequenceNo" : 1639, "repealedDate" : null, "fromSection" : "4014", "toSection" : "4014", "text" : " § 4014. Hospice residence pilot program. 1. The commissioner is hereby\\nauthorized to establish a hospice residence pilot program. Such program,\\nsubject to the rules and regulations of the commissioner, shall\\nauthorize the operation of not more than ten hospice residences operated\\nfor the purpose of providing more than two hospice patients but not more\\nthan sixteen hospice patients with hospice care. The locations of the\\nhospice residence pilot program shall be geographically disbursed\\nthroughout the state and approved by the commissioner. To the extent\\nthat patients may access hospital or skilled nursing home care, the care\\nplan for such patients shall provide for such care.\\n 2. The commissioner shall require each hospice residence participating\\nin the pilot program established pursuant to this section to submit a\\nreport, which shall include data analyzing the cost and efficiency of\\nhospice care under such pilot program. On or before December\\nthirty-first, two thousand seven, the commissioner shall submit a report\\nto the governor, the temporary president of the senate and the speaker\\nof the assembly analyzing the findings of the individual hospice\\nresidences that participated in the pilot program.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4015", "title" : "Pilot program for all-inclusive care for children", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4015", "activeDate" : "2014-09-22", "sequenceNo" : 1640, "repealedDate" : null, "fromSection" : "4015", "toSection" : "4015", "text" : " § 4015. Pilot program for all-inclusive care for children. 1. The\\ncommissioner is hereby authorized to establish a pilot program for\\nall-inclusive care for children. Such program, subject to the rules and\\nregulations of the commissioner, shall consist of comprehensive hospice\\nand palliative care services for children with life-limiting illnesses\\nthat addresses the medical, psychosocial and spiritual aspects of care\\nand allows such children to be cared for at home rather than in an\\ninstitutional setting. Such services shall be provided by a licensed,\\ncertified hospice working jointly with a certified home health agency,\\nor a certified home health agency working jointly with a licensed,\\ncertified hospice to assure the provision of services which are an\\nenhancement of either the certified home health agency or hospice alone,\\nand shall include hospice services as well as related expressive\\ntherapies such as art, play or music therapy in addition to services of\\na child life specialist, and opportunities for respite care.\\n 2. \"A child with a life threatening illness\" shall mean a child\\neligible for medical assistance under article five of the social\\nservices law, who under the age of eighteen is diagnosed with an illness\\nthat places the child at substantial risk of dying before the age of\\ntwenty-one where the child can, with appropriate services be cared for\\nat an alternative to institutional care.\\n 3. Qualified agencies providing services under this section to a child\\nshall be reimbursed under medical assistance under article five of the\\nsocial services law, at a per diem rate for each day the child is\\nenrolled in a program. To ensure the alienability of needed services to\\nthese children, reimbursement shall be provided only to those agencies\\nhaving satisfied conditions of the department including satisfactory\\ntraining in pediatric palliative care.\\n 4. Certified hospice programs shall be allowed to waive the admission\\ncriteria requiring certification of \"a terminal illness with prognosis\\nof six months or less\" as well as the requirement for families to forgo\\ncurative treatment for children qualifying for this program receiving\\ncare from an approved site.\\n 5. All home care and other medical assistance under article five of\\nthe social services law otherwise authorized for the child, shall\\ncontinue without interruption. The pilot program for all-inclusive care\\nfor children is not intended to supersede any program already in place.\\n 6. The locations of the providers under the pilot program for\\nall-inclusive care shall be geographically disbursed throughout the\\nstate and approved by the commissioner.\\n 7. The commissioner shall require each provider under the pilot\\nprogram for all-inclusive care for children to submit an annual report,\\nwhich shall include data analyzing the cost and efficiency of care\\nprovided under such program. On or before December thirty-first, two\\nthousand eight, the commissioner shall submit a report to the governor,\\nthe temporary president of the senate and the speaker of the assembly\\nanalyzing the cost and efficiency of the pilot program.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 14 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A41", "title" : "Vital Statistics", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22", "2019-01-25", "2019-11-15" ], "docLevelId" : "41", "activeDate" : "2019-01-25", "sequenceNo" : 1641, "repealedDate" : null, "fromSection" : "4100", "toSection" : "4179", "text" : " ARTICLE 41\\n VITAL STATISTICS\\nTitle I. General provisions (Secs. 4100-4104).\\n II. Registration districts: registrars, physicians, midwives\\n and funeral directors (Secs. 4120-4124).\\n III. Registration of births (Secs. 4130-4138-d).\\n III-A. Filing of certificates of dissolution of marriage (Sec.\\n 4139).\\n IV. Registration of deaths: burial permits (Secs. 4140-4148).\\n V. Registration of fetal deaths (Secs. 4160-4163).\\n V-A. Induced viable births.\\n VI. Registration of persons in institutions (Sec. 4165).\\n VII. Vital statistics records (Secs. 4170-4179).\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A41T1", "title" : "General Provisions", "docType" : "TITLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1", "activeDate" : "2014-09-22", "sequenceNo" : 1642, "repealedDate" : null, "fromSection" : "4100", "toSection" : "4104", "text" : " TITLE I\\n GENERAL PROVISIONS\\nSection 4100. Vital statistics; functions, powers and duties of the\\n department, commissioner and public health council.\\n 4100-a. Definitions.\\n 4101. Vital statistics; enforcement.\\n 4102. Vital statistics; violations; penalties.\\n 4103. Vital statistics; evidence.\\n 4104. Vital statistics; application of article.\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4100", "title" : "Vital statistics; functions, powers and duties of the department, commissioner and public health council", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4100", "activeDate" : "2014-09-22", "sequenceNo" : 1643, "repealedDate" : null, "fromSection" : "4100", "toSection" : "4100", "text" : " § 4100. Vital statistics; functions, powers and duties of the\\ndepartment, commissioner and public health council. 1. The department\\nshall, except in the city of New York:\\n (a) have charge of the registration of births and deaths;\\n (b) procure the faithful registration of births and deaths;\\n (c) provide the necessary instructions and forms for obtaining and\\npreserving records of births and deaths; and,\\n (d) be charged with the uniform and thorough enforcement of the\\nprovisions of this article throughout the state.\\n 2. The commissioner shall:\\n (a) have general supervision of vital statistics;\\n (b) provide suitably equipped offices for the permanent and safe\\npreservation of all records received or made under the provisions of\\nthis article;\\n (c) prepare, print, and supply to all registrars all forms used in\\nregistering, recording and preserving the returns, or in otherwise\\ncarrying out the purposes of this article;\\n (d) prepare and issue such detailed instructions, not inconsistent\\nwith the sanitary code, as may be required to procure the uniform\\nobservance of the provisions of this article and the maintenance of a\\ngood system of registration;\\n (e) examine the certificates received monthly and if any such are\\nincomplete or unsatisfactory, he shall require such further information\\nto be supplied as may be necessary to make the record complete and\\nsatisfactory;\\n (f) arrange, and permanently preserve the certificates in a systematic\\nmanner;\\n (g) prepare and maintain a complete typewritten, printed, photographic\\nor magnetically stored index of all births and deaths registered; said\\nindex to be arranged, in the case of deaths, by the names of decedents,\\nand in the case of births, by the names of fathers, or the names of\\nmothers if the names of the fathers do not appear; and\\n (h) prescribe and prepare the necessary methods and forms for\\nobtaining and preserving records and statistics of autopsies which are\\nconducted by a coroner or by a medical examiner, or by his order, within\\nthe state of New York, and shall require all those performing such\\nautopsies, for the purpose of determining the cause of death or the\\nmeans or manner of death, to enter upon such record the pathological\\nappearances and findings embodying such information as may be\\nprescribed, and to append thereto the diagnosis of the cause of death\\nand the means or manner of death.\\n (i) upon notification by the division of criminal justice services\\nthat a person who was born in the state is a missing child, flag the\\ncertificate record of that person in such manner that whenever a copy of\\nthe record is requested, he or she shall be alerted to the fact that the\\nrecord is that of a missing child. The commissioner shall also notify\\nthe appropriate registrar to likewise flag his or her records. The\\ncommissioner or registrar shall immediately report to the local law\\nenforcement authority and the division of criminal justice services any\\nrequest concerning flagged birth records or knowledge as to the\\nwhereabouts of any missing child. Upon notification by the division of\\ncriminal justice services that the missing child has been recovered, the\\ncommissioner shall remove the flag from the person's certificate record\\nand shall notify any other previously notified registrar to remove the\\nflag from his or her record. In the city of New York, the commissioner\\nof the department of health for the city of New York shall implement the\\nrequirements of this paragraph.\\n 3. The public health council may from time to time establish such\\nrules and regulations in the sanitary code supplementary to the\\nprovisions of this article and not inconsistent therewith, as it may\\ndeem necessary, in relation to the registration of births, deaths and\\nfetal deaths. Such rules and regulations shall be observed by all\\npersons upon whom duties are imposed by this chapter in connection with\\nthe registration of births, deaths and fetal deaths.\\n 4. Certified nurse practitioners completing a death certificate for a\\ndeath occurring in the city of New York shall have the same authority\\nand responsibility to complete the certificate as they would have if the\\ndeath occurred outside such city; provided, however, that such\\nresponsibility shall be exercised in accordance with the rules and\\nregulations of the city of New York.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4100-A", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4100-A", "activeDate" : "2014-09-22", "sequenceNo" : 1644, "repealedDate" : null, "fromSection" : "4100-A", "toSection" : "4100-A", "text" : " § 4100-a. Definitions. As used or referred to in this article:\\n 1. The term \"certified copy\" means a photographic reproduction in the\\nform of a photocopy or a microfilm print of the original certificate or\\nelectronically produced print of the original certificate, commencing on\\nor after the implementation date under section forty-one hundred\\nforty-eight of this title, and certified by the commissioner, his\\ndesignated representative, a local registrar, deputy registrar or\\nsub-registrar as a true copy thereof.\\n 2. The term \"certified transcript\" means a computer generated or other\\nreproduction of information abstracted from the original state or local\\nrecord the elements of which shall be as determined by the commissioner\\nand certified by the commissioner, his designated representative, a\\nlocal registrar or a deputy registrar as being an accurate abstract of\\ninformation contained in the original record.\\n 3. The term \"certification of birth\" means a certification that a\\ncertificate of birth is on file and shall contain only the name, sex,\\ndate of birth and place of birth of the person to whom it relates and\\nnone of the other data on a certificate of birth. When issued by the\\nlocal registrar or his deputy, it shall also contain the date of filing\\nof the certificate of birth. When issued by the commissioner or by his\\ndesignated representative, it shall also contain the dates of filing in\\nthe local registration district, or a statement that the birth\\ncertificate was filed within one year of the date of birth, and in the\\nstate department of health of the original certificate of birth.\\n 4. A \"certification of death\" shall contain only the name, the date of\\ndeath, and the place of death of the person to whom it relates, the date\\nof filing in the local registration district, or a statement that the\\ndeath certificate was filed within one year of the death of the person\\nto whom it relates, and none of the other data on the certificate of\\ndeath.\\n 5. The term \"electronic death registration system\" means the data\\nsystem created and maintained by the department for collecting, storing,\\nrecording, transmitting, amending, correcting and authenticating\\ninformation, as necessary and appropriate to complete a death\\nregistration, and to generate such documents as determined by the\\ndepartment, including permits or certificates, relating to a death\\noccurring in this state.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4101", "title" : "Vital statistics; enforcement", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4101", "activeDate" : "2014-09-22", "sequenceNo" : 1645, "repealedDate" : null, "fromSection" : "4101", "toSection" : "4101", "text" : " § 4101. Vital statistics; enforcement. 1. The commissioner is hereby\\ncharged with the execution of the provisions of this article and is\\nhereby granted supervisory power over registrars, deputy registrars, and\\nsubregistrars, to the extent that there shall be uniform compliance with\\nall of the requirements of this article.\\n 2. Each registrar is hereby charged with the enforcement of the\\nprovisions of this article in his registration district, under the\\nsupervision and direction of the commissioner. He shall make an\\nimmediate report to the commissioner of any violation of any provision\\nof this article coming to his knowledge, by observation, or upon\\ncomplaint of any person, or otherwise.\\n 3. The commissioner, either personally or by an accredited\\nrepresentative, shall have authority to investigate cases of\\nirregularity, or violation of law, and all registrars shall aid him,\\nupon request, in such investigations.\\n 4. When he shall deem it necessary, the commissioner shall report\\ncases of violation of any of the provisions of this article to the\\ndistrict attorney of the county, with a statement of the facts and\\ncircumstances. When any such case is reported to him by the\\ncommissioner, the district attorney shall forthwith initiate and\\npromptly proceed with the necessary court proceedings against the\\nperson, firm or corporation responsible for the alleged violation of\\nlaw.\\n 5. Upon request of the commissioner, the attorney general shall assist\\nin the enforcement of the provisions of this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4102", "title" : "Vital statistics; violations; penalties", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4102", "activeDate" : "2014-09-22", "sequenceNo" : 1646, "repealedDate" : null, "fromSection" : "4102", "toSection" : "4102", "text" : " § 4102. Vital statistics; violations; penalties. 1. Any person shall\\nbe deemed guilty of a misdemeanor, and upon conviction thereof shall for\\nthe first offense be fined not less than five dollars nor more than\\nfifty dollars and for each subsequent offense not less than ten dollars\\nor more than one hundred dollars or be imprisoned in the county jail not\\nmore than sixty days, or be both fined and imprisoned in the discretion\\nof the court, who for himself or as an officer, agent, or employee of\\nany other person, or of any corporation or partnership, shall:\\n (a) refuse or fail to furnish correctly any information in his\\npossession, or shall furnish false information affecting any certificate\\nor record, required by this article; or,\\n (b) wilfully alter, otherwise than is provided by this article, or\\nshall falsify any certificate of birth or death, or any record\\nestablished by this article; or,\\n (c) being required by this article to fill out a certificate of death\\nand file the same with the local registrar, or deliver it, upon request,\\nto any person charged with the duty of filing the same, shall fail,\\nneglect or refuse to perform such duty in the manner required by this\\narticle; or,\\n (d) inter, cremate, or otherwise finally dispose of the dead body of a\\nhuman being, or permit the same to be done, or shall remove said body\\nfrom the primary registration district in which the death occurred or\\nthe body was found, without the authority of a burial or removal permit\\nissued by the local registrar of the district in which the death\\noccurred, or in which the body was found, except as provided in section\\nfour thousand one hundred forty-four of this article; or,\\n (e) being a registrar, deputy registrar, or subregistrar, shall fail,\\nneglect or refuse to perform his duty as required by this article and by\\nthe instructions and directions of the commissioner thereunder.\\n 2. Whenever any physician, nurse-midwife, or other person shall fail\\nor neglect properly to record and file a certificate of birth as\\nrequired by this article such person shall be liable to a penalty of not\\nless than five dollars nor more than fifty dollars for the first and\\nsecond offenses, which penalty may be recovered by an action brought by\\nthe commissioner in any court of competent jurisdiction, and for every\\nsubsequent offense, such person shall be guilty of a misdemeanor,\\npunishable by a fine of not less than ten nor more than one hundred\\ndollars, or by imprisonment for not more than sixty days, or both.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4103", "title" : "Vital statistics; evidence", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4103", "activeDate" : "2014-09-22", "sequenceNo" : 1647, "repealedDate" : null, "fromSection" : "4103", "toSection" : "4103", "text" : " § 4103. Vital statistics; evidence. 1. Certified copies of birth\\ncertificates, certification of birth, certified or verified transcripts\\nof birth certificates, certificates of birth data or certificates of\\nregistration of birth shall be accepted by public school authorities in\\nthis state as prima facie evidence of age of children registering for\\nschool attendance, and by the legally constituted authorities as prima\\nfacie proof of age for the issuance of employment certificates, provided\\nthat when it is not possible to secure such certified copy of the birth\\ncertificate, certification of birth, certified or verified transcript of\\nthe birth certificate, certificate of birth data or certificate of\\nregistration of birth for any child, the school authorities may accept\\nas secondary proof of age any of the kinds of evidence specified in the\\nlabor law.\\n 2. Any copy of the record of a birth or of a death or any certificate\\nof registration of birth or any certification of birth, when properly\\ncertified by the local registrar, shall be prima facie evidence of the\\nfacts therein stated in all courts and places and in all actions,\\nproceedings, or applications, judicial, administrative or otherwise, and\\nany such certificate of registration of birth or any such certification\\nof birth shall be accepted with the same force and effect with respect\\nto the facts therein stated as the original certificate of birth or a\\ncertified copy thereof.\\n 3. A certified copy of the record of a birth or death, a certification\\nof birth or death, a transcript of a birth or death certificate, a\\ncertificate of birth data or a certificate of registration of birth,\\nwhen properly certified by the commissioner or persons authorized to act\\nfor him, shall be prima facie evidence in all courts and places of the\\nfacts therein stated.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4104", "title" : "Vital statistics; application of article", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2019-11-15", "2020-01-17" ], "docLevelId" : "4104", "activeDate" : "2014-09-22", "sequenceNo" : 1648, "repealedDate" : null, "fromSection" : "4104", "toSection" : "4104", "text" : " § 4104. Vital statistics; application of article. The provisions of\\nthis article except for the provisions contained in paragraph (i) of\\nsubdivision two and subdivision four of section four thousand one\\nhundred, section four thousand one hundred three, subdivision two of\\nsection four thousand one hundred thirty-five, section four thousand one\\nhundred thirty-five-b, subdivision eight of section four thousand one\\nhundred seventy-four, paragraphs (b) and (e) of subdivision one of\\nsection four thousand one hundred thirty-eight, subdivision eleven of\\nsection four thousand one hundred thirty-eight-c, and section four\\nthousand one hundred seventy-nine of this article, shall not apply to\\nthe city of New York.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 6 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A41T2", "title" : "Registration Districts: Registrars, Physicians, Midwives and Funeral Directors", "docType" : "TITLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2", "activeDate" : "2014-09-22", "sequenceNo" : 1649, "repealedDate" : null, "fromSection" : "4120", "toSection" : "4124", "text" : " TITLE II\\n REGISTRATION DISTRICTS: REGISTRARS, PHYSICIANS, MIDWIVES\\n AND FUNERAL DIRECTORS\\nSection 4120. Vital statistics; registration districts; establishment.\\n 4121. Vital statistics; registrar; qualifications and\\n appointment.\\n 4122. Vital statistics; deputy registrars and subregistrars;\\n appointment.\\n 4123. Vital statistics; registrars; term of office; oath;\\n removal.\\n 4124. Vital statistics; registrars and subregistrars;\\n compensation and expenses.\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4120", "title" : "Vital statistics; registration districts; establishment", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4120", "activeDate" : "2014-09-22", "sequenceNo" : 1650, "repealedDate" : null, "fromSection" : "4120", "toSection" : "4120", "text" : " § 4120. Vital statistics; registration districts; establishment. 1.\\nExcept as otherwise provided in this article, each city, incorporated\\nvillage and town in the state shall constitute a separate primary\\nregistration district, except that the commissioner may designate any\\ncounty, except those comprising the city of New York, as a primary\\nregistration district with the approval of the board of supervisors of\\nsuch county.\\n 2. To facilitate registration, the commissioner may:\\n (a) with the approval of the legislative body of the county in which\\neach affected district is located, combine two or more primary\\nregistration districts into a single primary registration district; or,\\n (b) divide one primary registration district into two or more primary\\nregistration districts; or,\\n (c) establish any state hospital, charitable or penal institution as a\\nprimary registration district.\\n 3. Whenever a county or part-county primary registration district has\\nbeen established or two or more primary registration districts have been\\ncombined, the records of birth and death and all papers pertaining to\\nsuch records in the possession of the original primary registration\\ndistrict or districts shall be transferred as directed by the\\ncommissioner.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4121", "title" : "Vital statistics; registrar; qualifications and appointment", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4121", "activeDate" : "2014-09-22", "sequenceNo" : 1651, "repealedDate" : null, "fromSection" : "4121", "toSection" : "4121", "text" : " § 4121. Vital statistics; registrar; qualifications and appointment.\\n1. In each primary registration district there shall be a registrar of\\nvital statistics.\\n 2. Qualifications of registrars of vital statistics hereafter\\nappointed may be prescribed by the public health council, provided that:\\n (a) a local health officer shall be eligible for appointment as\\nregistrar of vital statistics; and,\\n (b) no licensed and registered funeral director, undertaker or\\nembalmer engaged or employed in the business or practice of funeral\\ndirecting, undertaking or embalming, and no other person engaged or\\nemployed in the business of funeral directing, undertaking or embalming\\nshall be eligible for appointment as a registrar, deputy registrar or\\nsub-registrar of vital statistics.\\n 3. (a) In towns and villages the registrar or registrars of vital\\nstatistics shall be appointed by the town board and by the village board\\nof trustees respectively; a local town clerk shall be eligible for\\nappointment as registrar of his town and of any village wholly within\\nsaid town in which he has an office, and a village clerk shall be\\neligible for appointment as a registrar of his village and of any town\\nin which he resides.\\n (b) In the cities, unless otherwise provided by charter, the registrar\\nor registrars of vital statistics shall be appointed by the mayor.\\n (c) In each primary registration district consisting of a state\\nhospital, charitable or penal institution, the registrar shall be the\\ndirector or person in charge of such institution, provided, however,\\nthat he shall receive no additional remuneration for acting as such\\nregistrar.\\n (d) In an area designated as a county or part-county registration\\ndistrict, the county commissioner of health or public health director\\nshall be appointed by the board of supervisors as registrar of such\\ncounty or part-county registration district. If there be no county\\ncommissioner of health or public health director, then the board of\\nsupervisors, with the approval of the commissioner, shall designate the\\nregistrar. When such appointment is made, the terms of office of\\nregistrars theretofore appointed within such county or part-county\\nregistration district shall thereupon terminate, and the county\\ncommissioner of health or public health director or registrar so\\ndesignated shall be the registrar of the entire area embraced within\\nsuch county or part-county registration district.\\n 4. When a district is divided into two or more primary registration\\ndistricts, the appointment of a registrar for each shall be made by the\\nsame appointing authority which had jurisdiction over the original\\ndistrict.\\n 5. (a) When two or more primary registration districts are combined,\\nthe registrar for such combined district shall be appointed by the board\\nor city council of those former primary registration districts having\\nhad an aggregate of one hundred or more births, deaths or fetal deaths\\nin each of the two preceding calendar years, and which theretofore made\\nthe appointment of registrars of the original districts, except that;\\n (b) in a county registration district, the county commissioner of\\nhealth or public health director, or if there be no county commissioner\\nof health or public health director, the designee of the board of\\nsupervisors of such county shall be appointed as registrar for the area\\nof his jurisdiction as provided in paragraph (d) of subdivision three of\\nthis section;\\n (c) where the combined primary registration districts have each\\nregistered less than an aggregate of one hundred births, deaths or fetal\\ndeaths in each of the two preceding calendar years the registrar of the\\ncombined districts, or of the districts forming a part-county\\nregistration district shall be appointed by the board of supervisors of\\nsuch county.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4122", "title" : "Vital statistics; deputy registrars and subregistrars; appointment", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4122", "activeDate" : "2014-09-22", "sequenceNo" : 1652, "repealedDate" : null, "fromSection" : "4122", "toSection" : "4122", "text" : " § 4122. Vital statistics; deputy registrars and subregistrars;\\nappointment. 1. Immediately upon his acceptance of appointment, each\\nregistrar of vital statistics shall appoint a deputy whose duty it shall\\nbe to act in his stead in case of his absence or inability, and such\\ndeputy shall accept such appointment, in writing, and be subject to the\\nprovisions of this article and all rules and regulations governing\\nregistrars.\\n 2. When it appears necessary for the convenience of the people in any\\ndistrict, the registrar is authorized, with the approval of the\\ncommissioner, to appoint one or more suitable persons to act as\\nsubregistrars, who shall be authorized to receive birth and death\\ncertificates and to issue burial or removal permits in and for such\\nportions of the district as may be designated, and each such\\nsubregistrar shall note on each certificate over his signature the date\\nof filing and shall forward all certificates to the local registrar of\\nthe district within three days, and in all cases before the third day of\\nthe following month.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4123", "title" : "Vital statistics; registrars; term of office; oath; removal", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4123", "activeDate" : "2014-09-22", "sequenceNo" : 1653, "repealedDate" : null, "fromSection" : "4123", "toSection" : "4123", "text" : " § 4123. Vital statistics; registrars; term of office; oath; removal.\\n1. Unless the charter of the city or village shall provide otherwise,\\nthe term of office of a registrar of vital statistics shall be four\\nyears, except that in a town or village of the first class operating\\nunder the general town or village law, the term of office of registrar\\nof vital statistics shall be coterminous with the term of office of the\\ntown or village clerk, as the case may be. The term of office of a\\ncounty or part-county registrar shall be coterminous with that of the\\ncounty commissioner of health or public health director. If there be no\\ncounty commissioner of health or public health director, then the term\\nof office of such county or part-county registrar shall be as determined\\nby the board of supervisors of such county.\\n 2. Each registrar of vital statistics shall hold office until his\\nsuccessor is appointed and shall have qualified.\\n 3. Any registrar, deputy registrar or subregistrar of vital\\nstatistics, who fails or neglects to discharge efficiently the duties of\\nhis office in accordance with the provisions of this article or the\\nregulations of the public health council, or to make prompt and complete\\nreturns of births and deaths as required thereby, shall be removed\\nforthwith by the commissioner or by the person or board authorized by\\nlaw to appoint such registrar, deputy registrar or subregistrar. Such\\nother penalties may be imposed upon him as are provided by this article.\\n 4. Notwithstanding any other provisions of the laws of this state,\\neach registrar, deputy registrar and subregistrar of vital statistics\\nshall file his oath of office with the clerk or clerks of the county or\\ncounties in which his registration district is located.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4124", "title" : "Vital statistics; registrars and subregistrars; compensation and expenses", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4124", "activeDate" : "2014-09-22", "sequenceNo" : 1654, "repealedDate" : null, "fromSection" : "4124", "toSection" : "4124", "text" : " § 4124. Vital statistics; registrars and subregistrars; compensation\\nand expenses. 1. Except as otherwise provided, each registrar shall be\\npaid:\\n (a) the sum of fifty cents for each birth certificate properly and\\ncompletely made out, registered and promptly returned by him to the\\ncommissioner as required by this article;\\n (b) the sum of fifty cents for each death certificate properly and\\ncompletely made out in accordance with the international classification\\nof diseases and returned and filed with the registrar, and correctly\\nrecorded and promptly returned by him to the commissioner, as required\\nby this article;\\n (c) the sum of fifty cents for each burial, removal or transit permit\\nissued by him;\\n (d) the sum of fifty cents for each report of fetal death properly and\\ncompletely made out and filed with the registrar; and\\n (e) his actual and necessary expenses.\\n 2. A village clerk, unless the charter of the village provides\\notherwise, or a town clerk serving as registrar of vital statistics\\nshall be entitled to the fees provided in this section. If a city clerk,\\ntown clerk or village clerk is appointed a registrar of vital\\nstatistics, as authorized by section forty-one hundred twenty-one of\\nthis article, all fees collected by such registrar in the discharge of\\nhis duties shall be the property of the city, town or village and shall\\nbe paid to the chief fiscal officer of such city, town or village,\\nprovided, however, that an amount equivalent to the sum of such fees\\nshall be paid at least monthly by such chief fiscal officer to such city\\nclerk, town clerk or village clerk entitled to receive fees as a\\nregistrar of vital statistics.\\n 3. (a) In any city, town or village, the legislative body of the city,\\ntown board or board of trustees may provide that the registrar be paid a\\nstipulated daily, monthly, or annual salary instead of the fees provided\\nfor by this article.\\n (b) If a stipulated salary is fixed, all fees collected by the\\nregistrar in the discharge of his duties shall be the property of the\\ncity, town or village and shall be paid to the chief fiscal officer,\\nsupervisor or the village treasurer, as the case may be.\\n (c) In any city, town or village where the compensation of the\\nregistrar is fixed by the legislative body of the city, town board or\\nboard of trustees at a stipulated salary, the provisions herein as to\\nthe payment of fees or as to the certification by the commissioner shall\\nnot apply.\\n (d) In any city, town or village, the registrar shall keep a true and\\ncorrect account of all fees received by him or her and report the amount\\nof such fees to the chief fiscal officer of such city, town or village\\non an annual basis.\\n 4. In any case where a local health officer is appointed as registrar\\nof vital statistics he shall serve as such registrar without additional\\nremuneration therefor.\\n 5. In any case where a director or other person in charge of any state\\nhospital, charitable or penal institution is appointed or acts as\\nregistrar of vital statistics of such registration district he shall\\nserve as such registrar without additional remuneration therefor.\\n 6. All amounts payable to the local registrar under the provisions of\\nthis article shall be paid by the municipality comprising the\\nregistration district, upon certification by the commissioner.\\n 7. Remuneration and expenses of the registrars of districts which have\\nbeen divided into two or more primary registration districts shall be\\npaid by the municipality comprising the original district.\\n 8. (a) Remuneration and expenses of registrars of combined districts\\nshall be paid by the municipalities comprising such districts in\\nproportion as each would be required to compensate a separate registrar\\nfor its own district, except that when such combined districts coincide\\nwith a consolidated health district the remuneration and expenses of the\\nregistrar shall be paid by the board of health of such consolidated\\nhealth district as provided by section three hundred ninety-nine of this\\nchapter.\\n (b) In any combined district, the governing boards of the\\nmunicipalities comprising such district; or in a combined district\\ncoinciding with a consolidated health district, the board of health\\nthereof; or in a district divided into two or more primary registration\\ndistricts, the governing board of the municipality comprising the\\noriginal district, may provide that the registrar or registrars therein\\nbe paid a stipulated daily, monthly or annual salary instead of fees\\nprovided for by this article.\\n (c) If a salary is paid as provided in paragraph (b) of this section,\\nall fees collected by the registrar in the discharge of his duties shall\\nbe the property of the municipality or municipalities involved and the\\nprovisions herein requiring the payment of fees to the registrar or the\\ncertification by the commissioner shall not apply.\\n 9. The commissioner shall certify annually to the municipality the\\nnumber of births and deaths properly registered, with the name of the\\nlocal registrar and the amount due him at the rate fixed herein.\\n 10. Except as otherwise provided, each subregistrar in counties\\ndesignated pursuant to this article as primary registration districts\\nshall be paid:\\n (a) the sum of fifty cents for each birth and death certificate\\nproperly and completely made out and received, noted and forwarded to\\nthe registrar of the district, as required by this article;\\n (b) the sum of fifty cents for each burial or removal permit issued by\\nhim; and\\n (c) the sum of fifty cents for each report of fetal death properly and\\ncompletely made out and filed with the registrar.\\n 11. (a) The board of supervisors of the county in which such primary\\nregistration district is located may provide that the subregistrar be\\npaid a stipulated daily, monthly or annual salary instead of the fees\\nprovided for by subdivision eleven of this section.\\n (b) The fees specified to be paid subregistrars under subdivision\\neleven or, in lieu thereof, the salary provided for by the board of\\nsupervisors of the county shall be paid by the county embracing such\\nprimary registration district.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 5 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A41T3", "title" : "Registration of Births", "docType" : "TITLE", "publishedDates" : [ "2014-09-22", "2019-11-15", "2020-04-17", "2021-07-02", "2025-11-28" ], "docLevelId" : "3", "activeDate" : "2014-09-22", "sequenceNo" : 1655, "repealedDate" : null, "fromSection" : "4130", "toSection" : "4138-D", "text" : " TITLE III\\n REGISTRATION OF BIRTHS\\nSection 4130. Births; registration.\\n 4131. Births; registration; foundlings.\\n 4132. Birth certificate; form and content.\\n 4133. Birth certificate; incomplete; duty of registrar.\\n 4134. Birth certificate; unnamed child.\\n 4135. Birth certificate; child born out of wedlock.\\n 4135-a. Birth certificate; child born in prison.\\n 4135-b. Voluntary acknowledgments of paternity; child born out\\n of wedlock.\\n 4136. Birth certificate; statement as to blood test.\\n 4137. Births; notice of recording.\\n 4138. Birth certificate; new certificate in case of subsequent\\n marriage of unwed parents; adoption; adjudication of\\n parentage; change of name.\\n 4138-a. Certificate of birth data.\\n 4138-b. Birth certificate: foreign country adoption.\\n 4138-c. Adoption information registry.\\n 4138-d. Mutual consent voluntary adoption registry.\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4130", "title" : "Births; registration", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4130", "activeDate" : "2014-09-22", "sequenceNo" : 1656, "repealedDate" : null, "fromSection" : "4130", "toSection" : "4130", "text" : " § 4130. Births; registration. 1. Live birth is defined as the complete\\nexpulsion or extraction from its mother of a product of conception,\\nirrespective of the duration of pregnancy, which, after such separation,\\nbreathes or shows any other evidence of life such as beating of the\\nheart, pulsation of the umbilical cord, or definite movement of\\nvoluntary muscles, whether or not the umbilical cord has been cut or the\\nplacenta is attached; each product of such a birth is considered live\\nborn.\\n 2. The birth of each child born alive in this state shall be\\nregistered within five days after the date of birth by filing with the\\nregistrar of the district in which the birth occurred a certificate of\\nsuch birth, which certificate shall be upon the form prescribed therefor\\nby the commissioner.\\n 3. In each case where a physician or nurse-midwife was in attendance\\nupon the birth, it shall be the duty of such physician or nurse-midwife\\nto file said certificate.\\n 4. In each case where there was no physician or nurse-midwife in\\nattendance upon the birth, it shall be the duty of the father or mother\\nof the child, the householder or owner of the premises where the birth\\noccurred, or the director or person in charge of the public or private\\ninstitution where the birth occurred, each in the order named, within\\nfive days after the date of such birth, to report to the local registrar\\nthe fact of such birth and to file said certificate.\\n 5. When a birth occurs in a hospital, the person in charge of such\\nhospital or his designated representative shall obtain the personal\\ndata, prepare the certificate, secure the signatures required by the\\ncertificate and file it with the registrar. The physician in attendance\\nor a physician acting in his behalf shall certify to the facts of birth\\nand provide the medical information required by the certificate within\\nfive days after the birth.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4131", "title" : "Births; registration; foundlings", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4131", "activeDate" : "2014-09-22", "sequenceNo" : 1657, "repealedDate" : null, "fromSection" : "4131", "toSection" : "4131", "text" : " § 4131. Births; registration; foundlings. 1. The report of the finding\\nof a child whose parents are unknown, filed by the commissioner of\\nsocial services or by the city social services officer in accordance\\nwith the provisions of subdivision two of section three hundred\\nninety-eight of the social services law, shall constitute the birth\\nrecord of such child.\\n 2. The district wherein such child was found shall be considered as\\nthe place of birth, and the date of birth shall be that determined by\\nthe commissioner of social services or by the city social services\\nofficer as the approximate date of birth.\\n 3. If, however, such child be subsequently identified, and it should\\nappear that a certificate of birth for this child has either before or\\nfollowing identification been filed, as otherwise provided in this\\narticle, the report of the commissioner of social services or of the\\ncity social services officer shall be placed under seal by the state\\ncommissioner of health, such seal not to be broken except upon order of\\na court of competent jurisdiction.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4132", "title" : "Birth certificate; form and content", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2021-07-02", "2021-12-24" ], "docLevelId" : "4132", "activeDate" : "2014-09-22", "sequenceNo" : 1658, "repealedDate" : null, "fromSection" : "4132", "toSection" : "4132", "text" : " § 4132. Birth certificate; form and content. 1. The certificate of\\nbirth shall contain such information, including the social security\\nnumbers of the parents, and be in such form as the commissioner may\\nprescribe.\\n 2. The personal particulars called for shall be obtained from a\\ncompetent person acquainted with the facts.\\n 3. (a) The certificate shall be signed by the attending physician or\\nnurse-midwife, with date of signature and his or her address.\\n (b) If there was no physician or nurse-midwife, in attendance, then\\nthe certificate of birth shall be signed by the father or mother of the\\nchild, householder, owner of the premises, director or other person in\\ncharge of the public or private institution where the birth occurred, or\\nby any other competent person whose duty it is to notify the local\\nregistrar of such birth.\\n 4. The registrar shall enter the exact date of filing of the\\ncertificate of birth in his office attested by his official signature\\nand registered number of birth.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4133", "title" : "Birth certificate; incomplete; duty of registrar", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4133", "activeDate" : "2014-09-22", "sequenceNo" : 1659, "repealedDate" : null, "fromSection" : "4133", "toSection" : "4133", "text" : " § 4133. Birth certificate; incomplete; duty of registrar. 1. If a\\ncertificate of birth is incomplete, the registrar of the district in\\nwhich the birth occurred and with whom the certificate has been filed\\nshall immediately notify the person who signed the record, and require\\nhim to supply the missing items of information if they can be obtained.\\n 2. In any case where the physician or nurse-midwife in attendance upon\\nthe birth of a child within this state, or other person reporting a\\nbirth of a child within this state as provided by section four thousand\\none hundred thirty of this chapter, is unable, by diligent inquiry, to\\nobtain any item or items of information required in this article, it\\nshall then be the duty of the registrar to secure from the person so\\nreporting, or from any other person having the required knowledge, such\\ninformation as will enable the registrar to prepare the certificate of\\nbirth herein required.\\n 3. It shall be the duty of the person reporting such birth or who is\\ninterrogated in relation thereto to answer correctly and to the best of\\nhis knowledge all questions put to him by the registrar which may be\\ncalculated to elicit any information needed to make a complete record of\\nthe birth as contemplated by this article, and it shall be the duty of\\nthe informant as to any statement made in accordance herewith to verify\\nsuch statement by his signature, when requested so to do by the\\nregistrar.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4134", "title" : "Birth certificate; unnamed child", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4134", "activeDate" : "2014-09-22", "sequenceNo" : 1660, "repealedDate" : null, "fromSection" : "4134", "toSection" : "4134", "text" : " § 4134. Birth certificate; unnamed child. 1. If a living child has not\\nyet been named at the date of filing the certificate of birth, the space\\nprovided for the given name of the child is to be left blank, to be\\nfilled out subsequently by a supplemental report, as herein provided.\\n 2. If a child dies without a given name, there shall be entered in the\\nspace provided for the name the words \"died unnamed.\" The parents of the\\ndeceased child may submit a supplemental report of the given name of the\\ndeceased child. Such report shall be returned to the local registrar and\\nthe given name shall be entered on the original birth certificate.\\n 3. When any certificate of birth of a living child is presented\\nwithout the statement of the given name, the local registrar shall make\\nout and deliver to the parents of the child a supplemental report of the\\ngiven name of the child, which shall be filled out as directed, and\\nreturned to the local registrar as soon as the child shall have been\\nnamed. The given name, supplied by the supplemental report, shall be\\nentered on the original birth certificate.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4135", "title" : "Birth certificate; child born out of wedlock", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2020-04-17", "2021-02-19" ], "docLevelId" : "4135", "activeDate" : "2014-09-22", "sequenceNo" : 1661, "repealedDate" : null, "fromSection" : "4135", "toSection" : "4135", "text" : " § 4135. Birth certificate; child born out of wedlock. 1. (a) There\\nshall be no specific statement on the birth certificate as to whether\\nthe child is born in wedlock or out of wedlock or as to the marital name\\nor status of the mother.\\n (b) The phrase \"child born out of wedlock\" when used in this article,\\nrefers to a child whose father is not its mother's husband.\\n 2. The name of the putative father of a child born out of wedlock\\nshall not be entered on the certificate of birth prior to filing without\\n(i) an acknowledgment of paternity pursuant to section one hundred\\neleven-k of the social services law or section four thousand one hundred\\nthirty-five-b of this article executed by both the mother and putative\\nfather, and filed with the record of birth; or (ii) notification having\\nbeen received by, or proper proof having been filed with, the record of\\nbirth by the clerk of a court of competent jurisdiction or the parents,\\nor their attorneys of a judgment, order or decree relating to parentage.\\n 3. Orders relating to parentage shall be held confidential by the\\ncommissioner and shall not be released or otherwise divulged except by\\norder of a court of competent jurisdiction.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4135-A", "title" : "Birth certificate; child born in prison", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4135-A", "activeDate" : "2014-09-22", "sequenceNo" : 1662, "repealedDate" : null, "fromSection" : "4135-A", "toSection" : "4135-A", "text" : " § 4135-a. Birth certificate; child born in prison. There shall be no\\nspecific statement on the birth certificate as to the fact that a child\\nwas born in prison.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4135-B", "title" : "Voluntary acknowledgments of paternity; child born out of wedlock", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2020-04-17", "2021-02-19" ], "docLevelId" : "4135-B", "activeDate" : "2014-09-22", "sequenceNo" : 1663, "repealedDate" : null, "fromSection" : "4135-B", "toSection" : "4135-B", "text" : " § 4135-b. Voluntary acknowledgments of paternity; child born out of\\nwedlock. 1. (a) Immediately preceding or following the in-hospital birth\\nof a child to an unmarried woman, the person in charge of such hospital\\nor his or her designated representative shall provide to the child's\\nmother and putative father, if such father is readily identifiable and\\navailable, the documents and written instructions necessary for such\\nmother and putative father to complete an acknowledgment of paternity\\nwitnessed by two persons not related to the signatory. Such\\nacknowledgment, if signed by both parties, at any time following the\\nbirth of a child, shall be filed with the registrar at the same time at\\nwhich the certificate of live birth is filed, if possible, or anytime\\nthereafter. Nothing herein shall be deemed to require the person in\\ncharge of such hospital or his or her designee to seek out or otherwise\\nlocate a putative father who is not readily identifiable or available.\\nThe acknowledgment shall be executed on a form provided by the\\ncommissioner developed in consultation with the appropriate commissioner\\nof the department of family assistance, which shall include the social\\nsecurity number of the mother and of the putative father and provide in\\nplain language (i) a statement by the mother consenting to the\\nacknowledgment of paternity and a statement that the putative father is\\nthe only possible father, (ii) a statement by the putative father that\\nhe is the biological father of the child, and (iii) a statement that the\\nsigning of the acknowledgment of paternity by both parties shall have\\nthe same force and effect as an order of filiation entered after a court\\nhearing by a court of competent jurisdiction, including an obligation to\\nprovide support for the child except that, only if filed with the\\nregistrar of the district in which the birth certificate has been filed,\\nwill the acknowledgment have such force and effect with respect to\\ninheritance rights.\\n (b) Prior to the execution of an acknowledgment of paternity, the\\nmother and the putative father shall be provided orally, which may be\\nthrough the use of audio or video equipment, and in writing with such\\ninformation as is required pursuant to this section with respect to\\ntheir rights and the consequences of signing a voluntary acknowledgment\\nof paternity including, but not limited to:\\n (i) that the signing of the acknowledgment of paternity shall\\nestablish the paternity of the child and shall have the same force and\\neffect as an order of paternity or filiation issued by a court of\\ncompetent jurisdiction establishing the duty of both parties to provide\\nsupport for the child;\\n (ii) that if such an acknowledgment is not made, the putative father\\ncan be held liable for support only if the family court, after a\\nhearing, makes an order declaring that the putative father is the father\\nof the child whereupon the court may make an order of support which may\\nbe retroactive to the birth of the child;\\n (iii) that if made a respondent in a proceeding to establish paternity\\nthe putative father has a right to free legal representation if\\nindigent;\\n (iv) that the putative father has a right to a genetic marker test or\\nto a DNA test when available;\\n (v) that by executing the acknowledgment, the putative father waives\\nhis right to a hearing, to which he would otherwise be entitled, on the\\nissue of paternity;\\n (vi) that a copy of the acknowledgment of paternity shall be filed\\nwith the putative father registry pursuant to section three hundred\\nseventy-two-c of the social services law, and that such filing may\\nestablish the child's right to inheritance from the putative father\\npursuant to clause (B) of subparagraph two of paragraph (a) of section\\n4-1.2 of the estates, powers and trusts law;\\n (vii) that, if such acknowledgment is filed with the registrar of the\\ndistrict in which the birth certificate has been filed, such\\nacknowledgment will establish inheritance rights from the putative\\nfather pursuant to clause (A) of subparagraph two of paragraph (a) of\\nsection 4-1.2 of the estates, powers and trusts law;\\n (viii) that no further judicial or administrative proceedings are\\nrequired to ratify an unchallenged acknowledgment of paternity provided,\\nhowever, that:\\n (A) A signatory to an acknowledgment of paternity, who had attained\\nthe age of eighteen at the time of execution of the acknowledgment,\\nshall have the right to rescind the acknowledgment within the earlier of\\nsixty days from the date of signing the acknowledgment or the date of an\\nadministrative or a judicial proceeding (including, but not limited to,\\na proceeding to establish a support order) relating to the child in\\nwhich the signatory is a party, provided that the \"date of an\\nadministrative or a judicial proceeding\" shall be the date by which the\\nrespondent is required to answer the petition;\\n (B) A signatory to an acknowledgment of paternity, who had not\\nattained the age of eighteen at the time of execution of the\\nacknowledgment, shall have the right to rescind the acknowledgment\\nanytime up to sixty days after the signatory's attaining the age of\\neighteen years or sixty days after the date on which the respondent is\\nrequired to answer a petition (including, but not limited to, a petition\\nto establish a support order) relating to the child, whichever is\\nearlier; provided, however, that the signatory must have been advised at\\nsuch proceeding of his or her right to file a petition to vacate the\\nacknowledgment within sixty days of the date of such proceeding;\\n (ix) that after the expiration of the time limits set forth in clauses\\n(A) and (B) of subparagraph (viii) of this paragraph, any of the\\nsignatories may challenge the acknowledgment of paternity in court only\\non the basis of fraud, duress, or material mistake of fact, with the\\nburden of proof on the party challenging the voluntary acknowledgment;\\n (x) that the putative father and mother may wish to consult with\\nattorneys before executing the acknowledgment; and that they have the\\nright to seek legal representation and supportive services including\\ncounseling regarding such acknowledgment;\\n (xi) that the acknowledgment of paternity may be the basis for the\\nputative father establishing custody and visitation rights to the child\\nand for requiring the putative father's consent prior to an adoption\\nproceeding;\\n (xii) that the mother's refusal to sign the acknowledgment shall not\\nbe deemed a failure to cooperate in establishing paternity for the\\nchild; and\\n (xiii) that the child may bear the last name of either parent, which\\nname shall not affect the legal status of the child.\\nIn addition, the governing body of such hospital shall insure that\\nappropriate staff shall provide to the child's mother and putative\\nfather, prior to the mother's discharge from the hospital, the\\nopportunity to speak with hospital staff to obtain clarifying\\ninformation and answers to their questions about paternity\\nestablishment, and shall also provide the telephone number of the local\\nsupport collection unit.\\n (c) Within ten days after receiving the certificate of birth, the\\nregistrar shall furnish without charge to each parent or guardian of the\\nchild or to the mother at the address designated by her for that\\npurpose, a certified copy of the certificate of birth and, if\\napplicable, a certified copy of the written acknowledgment of paternity.\\nIf the mother is in receipt of child support enforcement services\\npursuant to title six-A of article three of the social services law, the\\nregistrar also shall furnish without charge a certified copy of the\\ncertificate of birth and, if applicable, a certified copy of the written\\nacknowledgment of paternity to the social services district of the\\ncounty within which the mother resides.\\n 2. (a) When a child's paternity is acknowledged voluntarily pursuant\\nto section one hundred eleven-k of the social services law, the social\\nservices official shall file the executed acknowledgment with the\\nregistrar of the district in which the birth occurred and in which the\\nbirth certificate has been filed.\\n (b) Where a child's paternity has not been acknowledged voluntarily\\npursuant to paragraph (a) of subdivision one of this section or\\nparagraph (a) of this subdivision, the child's mother and the putative\\nfather may voluntarily acknowledge a child's paternity pursuant to this\\nparagraph by signing the acknowledgment of paternity.\\n (c) A signatory to an acknowledgment of paternity, who has attained\\nthe age of eighteen at the time of execution of the acknowledgment shall\\nhave the right to rescind the acknowledgment within the earlier of sixty\\ndays from the date of signing the acknowledgment or the date of an\\nadministrative or a judicial proceeding (including, but not limited to,\\na proceeding to establish a support order) relating to the child in\\nwhich either signatory is a party; provided that for purposes of this\\nsection, the \"date of an administrative or a judicial proceeding\" shall\\nbe the date by which the respondent is required to answer the petition.\\n (d) A signatory to an acknowledgment of paternity, who has not\\nattained the age of eighteen at the time of execution of the\\nacknowledgment, shall have the right to rescind the acknowledgment\\nanytime up to sixty days after the signatory's attaining the age of\\neighteen years or sixty days after the date on which the respondent is\\nrequired to answer a petition (including, but not limited to, a petition\\nto establish a support order) relating to the child in which the\\nsignatory is a party, whichever is earlier; provided, however, that the\\nsignatory must have been advised at such proceeding of his or her right\\nto file a petition to vacate the acknowledgment within sixty days of the\\ndate of such proceeding.\\n (e) After the expiration of the time limits set forth in paragraphs\\n(c) and (d) of this subdivision, any of the signatories may challenge\\nthe acknowledgment of paternity in court only on the basis of fraud,\\nduress, or material mistake of fact, with the burden of proof on the\\nparty challenging the voluntary acknowledgment. The acknowledgment shall\\nhave full force and effect once so signed. The original or a copy of the\\nacknowledgment shall be filed with the registrar of the district in\\nwhich the birth certificate has been filed.\\n 3. (a) An acknowledgment of paternity executed by the mother and\\nfather of a child born out of wedlock shall establish the paternity of a\\nchild and shall have the same force and effect as an order of paternity\\nor filiation issued by a court of competent jurisdiction. Such\\nacknowledgement shall thereafter be filed with the registrar pursuant to\\nsubdivision one or two of this section.\\n (b) A registrar with whom an acknowledgment of paternity has been\\nfiled pursuant to subdivision one or two of this section shall file the\\nacknowledgment with the state department of health and the putative\\nfather registry.\\n 4. A new certificate of birth shall be issued if the certificate of\\nbirth of a child born out of wedlock as defined in paragraph (b) of\\nsubdivision one of section four thousand one hundred thirty-five of this\\narticle has been filed without entry of the name of the father, and the\\ncommissioner thereafter receives a notarized acknowledgment of paternity\\naccompanied by the written consent of the putative father and mother to\\nthe entry of the name of such father, which consent may also be to a\\nchange in the surname of the child.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4136", "title" : "Birth certificate; statement as to blood test", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4136", "activeDate" : "2014-09-22", "sequenceNo" : 1664, "repealedDate" : null, "fromSection" : "4136", "toSection" : "4136", "text" : " § 4136. Birth certificate; statement as to blood test. 1. In reporting\\nevery birth and fetal death, physicians and others permitted to attend\\npregnancy cases and required to report births and fetal deaths shall\\nstate on the birth certificate or fetal death certificate, as the case\\nmay be, whether a blood test for syphilis has been made during such\\npregnancy upon a specimen of blood taken from the woman who bore the\\nchild for which a birth or fetal death certificate is filed.\\n 2. In addition to the information provided to be contained in each\\ncertificate of birth by this article every certificate of birth shall\\nstate whether such test was made during pregnancy or at delivery, and in\\nthe case where no blood test has been made such fact shall be reported\\ntogether with the reason why such test has not been taken in compliance\\nwith the provisions of section two thousand three hundred eight of this\\nchapter.\\n 3. If such test has been made during pregnancy, those required to\\nreport births and fetal deaths shall state the date on which the test\\nwas made.\\n 4. In no event shall the birth certificate state the result of the\\nblood test.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4137", "title" : "Births; notice of recording", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4137", "activeDate" : "2014-09-22", "sequenceNo" : 1665, "repealedDate" : null, "fromSection" : "4137", "toSection" : "4137", "text" : " § 4137. Births; notice of recording. 1. (a) Within ten days after\\nreceiving the certificate of birth the registrar shall furnish without\\ncharge to the parents or guardian of the child or to the mother at the\\naddress designated by her for the purpose, a certified copy.\\n (b) The registrar shall, at the same time, furnish without charge to\\nthe parents or guardian of the child or to the mother at the address\\ndesignated by her the immunization schedule for children. The registrar\\nshall include the telephone number of the local county health department\\non the immunization schedule.\\n 2. A certificate of registration of birth shall be accepted by public\\nauthorities in this state for the purposes indicated in section four\\nthousand one hundred three of this chapter in the same manner as\\ncertified copies or certified transcripts of birth certificates.\\n 3. The local registrar shall also make a notation on his copy of the\\noriginal birth certificate indicating the date of issuance of such\\ncertified copy.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4138", "title" : "Birth certificate; new certificate in case of subsequent marriage of unwed parents; adoption; adjudication of parentage; change of name", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2019-11-15", "2020-01-17", "2020-04-17", "2021-02-19", "2021-07-02", "2021-12-24" ], "docLevelId" : "4138", "activeDate" : "2014-09-22", "sequenceNo" : 1666, "repealedDate" : null, "fromSection" : "4138", "toSection" : "4138", "text" : " § 4138. Birth certificate; new certificate in case of subsequent\\nmarriage of unwed parents; adoption; adjudication of parentage; change\\nof name. 1. A new certificate of birth shall be made whenever:\\n (a) proof is submitted to the commissioner that the previously unwed\\nparents of a person have intermarried subsequent to the birth of such\\nperson; or,\\n (b) notification is received by, or proper proof is submitted to, the\\ncommissioner from or by the clerk of a court of competent jurisdiction\\nor the parents, or their attorneys, or the person himself, of a\\njudgment, order or decree relating to the parentage; or,\\n (c) notification is received by, or proper proof is submitted to, the\\ncommissioner from or by the clerk as aforesaid of a judgment, order or\\ndecree relating to the adoption of such person. Such judgment, order or\\ndecree shall also be sufficient authority to make a new birth\\ncertificate with conforming change in the name of such person on the\\nbirth certificate of any of such person's children under the age of\\neighteen years whose record of birth is on file in the state health\\ndepartment; or,\\n (d) proper proof is submitted to the commissioner by the parents, or\\ntheir attorneys, or the person himself or his attorney, of a judgment,\\norder or decree relating to a change of name granted by a court of\\ncompetent jurisdiction. Such judgment, order or decree shall also be\\nsufficient authority to make a new birth certificate with conforming\\nchange in surname for any of such person's children under the age of\\neighteen years whose record of birth is on file in the state health\\ndepartment; or,\\n (e) the certificate of birth of a child born out of wedlock as defined\\nin paragraph (b) of subdivision one of section four thousand one hundred\\nthirty-five of this article has been filed without entry of the name of\\nthe father and the commissioner thereafter receives the acknowledgment\\nof paternity pursuant to section one hundred eleven-k of the social\\nservices law or section four thousand one hundred thirty-five-b of this\\narticle executed by the putative father and mother which authorizes the\\nentry of the name of such father, and which may also authorize a\\nconforming change in the surname of the child.\\n 2. (a) On every new certificate of birth made pursuant to this\\nsection, a notation that it is filed pursuant to section four thousand\\none hundred thirty-eight of the public health law shall be entered\\nthereon. Notwithstanding other provisions of this article, when a child\\nis adopted by an unmarried man or woman, the new certificate shall, if\\nthe adopting parent so requests, reflect the fact that it is a single\\nparent adoption.\\n (b) Notwithstanding other provisions of this article, when a petition\\nfor adoption by two persons has been duly filed, and one of the\\npetitioners dies before the adoption is complete, such deceased\\npetitioner's name shall be included on the new certificate as a parent,\\nif such adoption is completed, unless otherwise requested by the other\\npetitioner.\\n (c) If the original certificate of birth contains fictitious names of\\neither or both parents, a new certificate shall not be prepared until\\nnotification is received by, or proper proof is submitted to, the\\ncommissioner by the clerk of a court of competent jurisdiction or the\\nparents or their attorney, or the person himself, or his attorney, of a\\njudgment, order or decree relating to parentage.\\n 3. (a) When a new certificate of birth is made the commissioner shall\\nsubstitute such new certificate for the certificate of birth then on\\nfile, if any, and shall send the registrar of the district in which the\\nbirth occurred a copy of the new certificate of birth. The registrar\\nshall make a copy of the new certificate for the local record and hold\\nthe contents of the original local record confidential along with all\\npapers and copies pertaining thereto. It shall not be released or\\notherwise divulged except by order of a court of competent jurisdiction.\\n (b) Thereafter, when a verified transcript or certification of birth\\nof such person is issued by the registrar, it shall be based upon the\\nnew certificate, except when an order of a court of competent\\njurisdiction shall require the issuance of a verified transcript or\\ncertification based upon the original local record of birth.\\n 4. The commissioner may make a microfilm or other suitable copy of the\\noriginal certificate of birth and all papers pertaining to the new\\ncertificate of birth. In such event, the original certificate and papers\\nmay be destroyed. All undestroyed certificates and papers and copies\\nthereof shall be confidential and the contents thereof shall not be\\nreleased or otherwise divulged except by order of a court of competent\\njurisdiction or pursuant to section forty-one hundred thirty-eight-c or\\nforty-one hundred thirty-eight-d of this article.\\n 5. Thereafter, when a certified copy or certified transcript of the\\ncertificate of birth of such a person, or a certification of birth for\\nsuch person is issued, it shall be based upon the new certificate of\\nbirth, except when an order of a court of competent jurisdiction shall\\nrequire the issuance of a copy of the original certificate of birth.\\n 6. When the commissioner shall receive proper proof or notification\\npursuant to paragraphs (a), (b), or (c) of subdivision one of this\\nsection relating to a person born outside this state, such proof or\\nnotification shall be forwarded to the appropriate registration\\nauthority for the place of birth.\\n 7. Whenever the commissioner makes a new birth certificate for any\\nperson pursuant to the provisions of subdivision one of this section, he\\nshall forward to such person, if eighteen years of age or more, or to\\nthe parents of such person, a certified copy, a certified transcript or\\na certification of birth, whichever he deems appropriate under the\\ncircumstances, without making any charge therefor.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4138-A", "title" : "Certificate of birth data", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4138-A", "activeDate" : "2014-09-22", "sequenceNo" : 1667, "repealedDate" : null, "fromSection" : "4138-A", "toSection" : "4138-A", "text" : " § 4138-a. Certificate of birth data. Any existing certificate of birth\\ndata shall continue to be effective.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4138-B", "title" : "Birth certificate: foreign country adoption", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2025-11-28", "2025-12-26", "2026-02-20" ], "docLevelId" : "4138-B", "activeDate" : "2014-09-22", "sequenceNo" : 1668, "repealedDate" : null, "fromSection" : "4138-B", "toSection" : "4138-B", "text" : " § 4138-b. Birth certificate: foreign country adoption. Whenever the\\nadoption or finalization of a foreign adoption or recognition of a\\nforeign adoption of a child pursuant to section one hundred eleven-c of\\nthe domestic relations law has been reported to the commissioner, the\\ncommissioner shall file a birth certificate for the child provided there\\nis no other birth certificate or other birth record on file other than\\nin the country where such child was born and provided, further, that a\\ncertificate of birth data does not exist for that person. Such birth\\ncertificate shall be filed upon receipt of: proof that the adoptive\\nparent was a resident of this state at the time of adoption; a copy of\\nthe adoption documents of the jurisdiction or country in which the child\\nwas adopted; a certified translation of the foreign adoption documents,\\nevidence of the date and place of the child's birth; and evidence of\\nIR-3, IR-4 or IH-3 immigrant visa status or a successor immigrant visa\\nstatus. The birth certificate shall include the child's name, sex, date\\nof birth, time of birth, place of birth, mother's maiden name, and\\nfather's name. A birth certificate for a foreign country adoption which\\nhas been filed by a local registrar and all supporting documentation\\nshall be submitted by the local registrar to the commissioner who shall\\nfile a new birth certificate pursuant to this section.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4138-C", "title" : "Adoption information registry", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4138-C", "activeDate" : "2014-09-22", "sequenceNo" : 1669, "repealedDate" : null, "fromSection" : "4138-C", "toSection" : "4138-C", "text" : " § 4138-c. Adoption information registry. 1. There shall be established\\nin the department an adoption information registry operated by employees\\nof the department specifically designated by the commissioner. Access to\\nall records and information in the registry shall be limited to such\\ndesignated employees and such records and information shall be kept\\nstrictly confidential except as specifically authorized by law. The\\ncommissioner shall establish rules and procedures designed to keep such\\nrecords and information separate and apart from other records of the\\ndepartment and kept in a manner where access to such records and\\ninformation is strictly limited to such designated employees and shall\\npromulgate regulations designed to effectuate the purposes of this\\nsection. Notwithstanding any inconsistent provision of the domestic\\nrelations law or any other law to the contrary, the commissioner shall\\nhave access to the information authorized to be released pursuant to\\nthis section contained in birth and adoption records of any agency,\\ncourt or department having appropriate records which will enable the\\ncommissioner to effectuate the purposes of this section and may require\\nthe cooperation of such agency, court or department in providing the\\ninformation authorized to be released pursuant to this section,\\nprovided, however, that the commissioner shall not have access to the\\nactual adoption records of any agency, court or department maintaining\\nsuch records.\\n 1-a. For the purposes of this section, \"adoptee\" shall include: those\\npersons born in this state, and those persons born in any other state\\nwithin the United States or in the District of Columbia whose adoption\\noccurred within this state.\\n 2. Upon application for registration by an adoptee not born in this\\nstate, or by a birth parent or biological sibling of such an adoptee,\\nthe department shall, to the extent practicable, determine whether the\\nadoptee's adoption occurred within this state. If the department\\ndetermines that the adoption occurred within this state, it shall\\nregister the applicant if he or she is otherwise qualified and make\\nappropriate notifications pursuant to subdivision four of this section.\\nThe registry shall accept, at any time, and maintain the verified\\nregistration transmitted by an agency pursuant to section forty-one\\nhundred thirty-eight-d of this title, or of the birth parents of an\\nadoptee who was born in this state. The registry shall neither accept\\nnor maintain the registration of an adoptee sooner than eighteen years\\nafter the adoptee's birth, or in the case of registration by a\\nbiological sibling of an adoptee, no sooner than the longer of eighteen\\nyears after the biological sibling's birth or eighteen years after the\\nadoptee's birth. Any person whose registration was accepted may withdraw\\nsuch registration prior to the release of any identifying information.\\nThe adoptee registrant, and the biological sibling registrant, shall\\ninclude as part of the registration the identification, including the\\nname and address, of known biological siblings of the adoptee. The\\nadoptee may upon registration, or any time thereafter, elect not to have\\nrelease of information by the authorized agency involved in such\\nadoption. The department shall establish an authorized agency fee\\nschedule for search costs and registry costs and services provided by\\nsuch agency in gathering and forwarding information pursuant to this\\nsection. The fee schedule may also include costs for disseminating\\ninformation about the registry and the adoption medical information\\nsub-registry to the public. Such publications or brochures may include\\ninformation as to identifying and non-identifying information, how to\\nregister and fees charged to the registrants, and any other information\\ndeemed appropriate.\\n 3. For the purposes of this section, the term \"non-identifying\\ninformation\" shall only include the following information, if known,\\nconcerning the adoptee, parents and biological siblings of an adoptee:\\n (a) Age of the parents in years, at birth of such adoptee.\\n (b) Heritage of the parents, which shall include nationality, ethnic\\nbackground and race.\\n (c) Education, which shall be the number of years of school completed\\nby the parents at the time of birth of such adoptee.\\n (d) General physical appearance of the parents at the time of the\\nbirth of such adoptee, which shall include height, weight, color of\\nhair, eyes, skin and other information of similar nature.\\n (e) Religion of parents.\\n (f) Occupation of parents.\\n (g) Health history of parents.\\n (h) Talents, hobbies and special interests of parents.\\n (i) Facts and circumstances relating to the nature and cause of the\\nadoption.\\n (j) Name of the authorized agency involved in such adoption.\\n (k) The existence of any known biological siblings.\\n (l) The number, sex and age, at the time of the adoptee's adoption, of\\nany known biological siblings.\\n 4. Upon acceptance of a registration of an adoptee born in this state,\\nor by a birth parent or biological sibling of such adoptee, pursuant to\\nthis section, the department shall search the records of the department\\nto determine whether the adoptee's adoption occurred within this state.\\nAfter making a determination, to the extent practicable, as to whether\\nan adoptee's adoption occurred within this state pursuant to subdivision\\ntwo of this section, or upon completing a search of the records pursuant\\nto this subdivision:\\n (a) If the department determines that the adoption occurred within\\nthis state, it shall notify the court wherein the adoption occurred to\\nsubmit to the department non-identifying information as may be contained\\nin the records of the court and the names of the birth parents of the\\nadoptee. Notwithstanding any other provision of law to the contrary,\\nthe court shall thereupon transmit to the department non-identifying\\ninformation as may be contained in the records of the court, and the\\nnames of the birth parents of the adoptee, provided that, if the court\\ndetermines from its records that the adoption was from an authorized\\nagency, the court shall submit to the department only the name and\\naddress of such authorized agency and the names of the birth parents of\\nthe adoptee. In such cases, unless the adoptee registrant shall have\\nelected otherwise, the department shall notify the authorized agency\\nwhose name was provided by the court to release promptly to the adoptee\\nall non-identifying information as may be contained in the agency\\nrecords. Such agency shall thereafter promptly release the\\nnon-identifying information to the adoptee registrant. If the adoptee\\nregistrant shall have elected not to have the information released to\\nhim or her by the authorized agency, the agency shall submit promptly to\\nthe department all non-identifying information as may be contained in\\nthe agency records. In any case where the agency records are incomplete,\\nno longer exist or are otherwise unavailable, the department shall so\\nnotify the court. The court shall thereupon promptly submit such\\nnon-identifying information as may be contained in their records. If no\\nauthorized agency was involved or if the adoptee registrant shall have\\nelected not to have release of information by the authorized agency\\ninvolved in such adoption, the department shall release the\\nnon-identifying information to the adoptee registrant. The department\\nand/or an authorized agency may restrict the nature of the\\nnon-identifying information released pursuant to this section upon a\\nreasonable determination that disclosure of such non-identifying\\ninformation would not be in the adoptee's, biological sibling's, or\\nparent's best interest.\\n (b) If the department determines that the adoption did not occur\\nwithin the state, it shall notify the adoptee registrant that no record\\nexists of the adoption occurring within the state.\\n 5. Upon acceptance of a registration pursuant to this section, the\\ndepartment shall search the registry to determine whether the adoptee,\\nany biological sibling of the adoptee, or birth parents of the adoptee\\nis also registered.\\n (a) If the department determines the adoptee is not in contact with a\\nbiological sibling under the age of eighteen and that there is a\\ncorresponding registration for the adoptee, for either of the birth\\nparents, and/or for the biological sibling registrant, it shall notify\\nthe court wherein the adoption occurred and the department shall notify\\nall such persons that a corresponding match has been made and request\\nsuch persons' final consent to the release of identifying information.\\n (b) If the department determines that there is no corresponding\\nregistration for the adoptee, for either of the birth parents, and/or\\nfor a biological sibling of the adoptee, it shall notify the registering\\nperson that no corresponding match has been made. The department shall\\nnot solicit or request the consent of the non-registered person or\\npersons.\\n 6. Upon receipt of a final consent by the adoptee, by either of the\\nbirth parents, and/or by a biological sibling of the adoptee, the\\ndepartment shall, unless the adoptee or biological sibling registrant\\nshall elect otherwise, if an authorized agency was involved in such\\nadoption, release identifying information to such agency; such agency\\nshall thereafter promptly release identifying information about the\\nconsenting registrants to the consenting registrants. If no authorized\\nagency was involved, or if any registrant shall have elected not to have\\nrelease of the information by the authorized agency involved in such\\nadoption the department shall release identifying information to the\\nconsenting registrants. Such identifying information shall be limited to\\nthe names and addresses of the consenting registrants and shall not\\ninclude any other information contained in the adoption or birth\\nrecords. However, nothing in this section shall be construed to prevent\\nthe release of adoption records as otherwise permitted by law.\\n 6-a. (a) There shall be established in the registry an adoption\\nmedical information sub-registry. Access to all identifying records and\\ninformation in the sub-registry shall be subject to the same\\nrestrictions as the adoption information registry.\\n (b) The department shall establish procedures by which a birth parent\\nmay provide medical information to the sub-registry, and by which an\\nadoptee aged eighteen years or older or the adoptive parents of an\\nadoptee who has not attained the age of eighteen years may access such\\nmedical information.\\n (c) A birth parent may provide the adoption medical information\\nsub-registry with certified medical information. Such certified medical\\ninformation must include other information sufficient to locate the\\nadoptee's birth record.\\n (d) Upon receipt from the birth parent of certified medical\\ninformation and other information needed to identify the adopted person,\\nthe department shall, to the extent practicable, determine if the\\nadoptee was adopted in New York state. If the adoptee was adopted in New\\nYork state, the department shall register such information and determine\\nif the adoptee or adoptive parent of the adoptee is registered. Upon\\nsuch determination, the department shall release the non-identifying\\nmedical information only to an adoptee, aged eighteen years or older, or\\nadoptive parent of an adoptee who has not attained the age of eighteen\\nyears.\\n (e) Upon receipt from an adoptee aged eighteen years or older or the\\nparent of an adoptee of a registration, the department shall, to the\\nextent practicable, determine if the adoptee was adopted in New York\\nstate. If the adoptee was adopted in New York state, the department\\nshall search its records for medical information provided by the\\nadoptee's birth parent. If such medical information is found, the\\ndepartment shall release the non-identifying medical information only,\\nto an adoptee, aged eighteen years or older, or adoptive parent of an\\nadoptee who has not attained the age of eighteen years.\\n (f) The department shall not solicit or request the provision of\\nmedical information from a birth parent or the registration by an\\nadoptee or parent of an adoptee.\\n (g) A fee shall not be required from a birth parent for providing\\nhealth information.\\n 7. (a) Any employee of the department or any employee of an authorized\\nagency who solicits or causes another to solicit a registration for the\\npurposes of this section, except as otherwise permitted by law, shall be\\nguilty of a misdemeanor, provided, however, that solicitation shall not\\ninclude disclosure of the adoption information registry.\\n (b) Any person who unlawfully discloses any information in the\\nadoption information registry shall be guilty of a class A misdemeanor.\\n (c) Notwithstanding any other provision, any employee of the\\ndepartment who unlawfully discloses any information in the adoption\\ninformation registry shall be subject to dismissal for such violation.\\n 8. For purposes of this section: \"authorized agency\" or \"agency\" means\\nan authorized agency as defined in paragraphs (a) and (b) of subdivision\\nten of section three hundred seventy-one of the social services law.\\n 10. The commissioner is directed to develop an adoption information\\nregistry birth parent registration consent form to be completed at the\\ntime of surrender or consent to adoption. Such form shall include\\ncheck-off boxes to be appropriately marked by the biological parent or\\nparents whose consent is necessary for the relinquishment of such child\\nindicating whether or not such parent consents to the receipt of\\nidentifying information by the child to be adopted. A copy of such form\\nshall be sent to the department with copies of the original and amended\\nbirth certificates. Such form shall state that it is the responsibility\\nof the birth parent to update the registry with any changes in contact\\ninformation. The form shall additionally advise the biological parents\\nof the adoption medical information sub-registry and the procedures by\\nwhich a birth parent may provide medical information to the\\nsub-registry. Notwithstanding any inconsistent provision of law to the\\ncontrary, the commissioner is directed to develop any rules and\\nregulations necessary to expedite the transfer of information from any\\nagency, court or department necessary to implement this subdivision.\\n 11. Upon receipt of the adoption information registry birth parent\\nregistration consent form required by section two hundred fifty-four of\\nthe judiciary law, the commissioner of health of the city of New York\\nshall forward a copy of such consent form, copies of the original birth\\ncertificate, the amended birth certificate and a copy of the\\nnotification of adoption to the adoption information registry maintained\\nin accordance with this section.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4138-D", "title" : "Mutual consent voluntary adoption registry", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2019-11-15", "2020-01-17" ], "docLevelId" : "4138-D", "activeDate" : "2014-09-22", "sequenceNo" : 1670, "repealedDate" : null, "fromSection" : "4138-D", "toSection" : "4138-D", "text" : " § 4138-d. Mutual consent voluntary adoption registry. 1. A mutual\\nconsent voluntary adoption registry may be established and maintained by\\neach authorized agency involved in an adoption. Persons eligible to\\nreceive identifying information may work through the agency involved in\\nthe adoption. If that agency has merged or ceased operations, a\\nsuccessor agency which has the files pertaining to adoptions in which\\nthe ceased or merged agency was involved may establish and maintain a\\nmutual consent voluntary adoption registry concerning those adoptions.\\nAny authorized agency which establishes and maintains a mutual consent\\nvoluntary adoption registry pursuant to this section shall notify the\\ndepartment of the name and address of such agency, together with such\\nother information the department may require.\\n 2. The agency shall accept, at any time, and maintain the verified\\nregistration of the birth parents of an adoptee. The agency shall accept\\nand maintain the verified registration of an adoptee or of the\\nbiological sibling of an adoptee if such adoptee was born in this state,\\nor was born in any other state within the United States, or in the\\nDistrict of Columbia, and his or her adoption occurred within this\\nstate, no sooner than eighteen years after the adoptee's birth or in the\\ncase of a biological sibling registrant, no sooner than the longer of\\neighteen years after the birth of the adoptee or eighteen years after\\nthe birth of the biological sibling; provided however, that any person\\nwhose registration was accepted may withdraw such registration prior to\\nthe release of any identifying information.\\n 3. Upon acceptance of a registration pursuant to this section, the\\nagency shall search the records of the agency to determine whether the\\nagency was involved in such adoption.\\n (a) If the agency determines that the agency was not involved in such\\nadoption, it shall notify the registrant that no record exists of the\\nadoption and refer the registrant to the department's adoption\\ninformation registry operated pursuant to section forty-one hundred\\nthirty-eight-c of this title.\\n (b) If the agency determines that the agency was involved in such\\nadoption, it shall transmit the registration to the adoption information\\nregistry operated by the department and the agency shall release the\\nnon-identifying information, as defined in section forty-one hundred\\nthirty-eight-c of this title, to the adoptee registrant. The agency may\\nrestrict the nature of the non-identifying information released pursuant\\nto this section upon a reasonable determination that disclosure of such\\nnon-identifying information would not be in the adoptee's, the\\nbiological sibling's or parent's best interest.\\n 4. Upon acceptance of a registration pursuant to this section, the\\ndepartment shall search the records of the department to determine\\nwhether the adoptee's adoption occurred within the state. The department\\nshall establish an authorized agency fee schedule for search costs and\\nregistry costs of an authorized agency.\\n (a) If the department determines that there is a corresponding\\nregistration for the adoptee, for either of the birth parents and/or for\\na biological sibling of the adoptee, it shall notify the court wherein\\nthe adoption occurred and the department shall notify the agency that a\\ncorresponding match has been made. The agency shall notify all such\\nregistrants that a corresponding match has been made and request such\\npersons' final consent to the release of identifying information.\\n (b) If the department determines that there is no corresponding\\nregistration for the adoptee, for either of the birth parents and/or for\\na biological sibling of the adoptee, it shall notify the agency which\\nshall notify the registering person that no corresponding match has been\\nmade. The agency shall not solicit or request the consent of the\\nnon-registered person or persons.\\n 5. Upon receipt of a final consent by the adoptee, by either of the\\nbirth parents and/or by a biological sibling of the adoptee, the agency\\nshall release identifying information about the consenting registrants\\nto the consenting registrants. Such identifying information shall be\\nlimited to the names and addresses of the consenting registrants and\\nshall not include any other information contained in the adoption or\\nbirth records. However, nothing in this section shall be construed to\\nprevent the release of adoption records as otherwise permitted by law.\\n 6. (a) Any employee of the agency who solicits or causes another to\\nsolicit a registration for the purposes of this section, except as\\notherwise permitted by law, shall be guilty of a misdemeanor, provided,\\nhowever, that solicitation shall not include disclosure of the existence\\nof the adoption information registry.\\n (b) Any person who unlawfully discloses any information in the mutual\\nconsent voluntary adoption registry shall be guilty of a class A\\nmisdemeanor.\\n (c) Notwithstanding any other provision, any employee of the\\ndepartment who unlawfully discloses any information in the mutual\\nconsent voluntary adoption registry shall be subject to dismissal for\\nsuch violation.\\n 7. Upon receipt of identifying information from the department\\npursuant to section four thousand one hundred thirty-eight-c of this\\narticle, the agency shall promptly release identifying information to\\nall the registrants. Such identifying information shall be limited to\\nthe names and addresses of the registrants and shall not include any\\nother information contained in the adoption or birth records or other\\nrecords maintained by the agency. However, nothing in this section shall\\nbe construed to prevent the release of adoption records as otherwise\\npermitted by law.\\n 8. For purposes of this section: \"authorized agency\" or \"agency\" means\\nan authorized agency as defined in paragraphs (a) and (b) of subdivision\\nten of section three hundred seventy-one of the social services law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 15 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A41T3-A", "title" : "Filing of Certificates of Dissolution of Marriage", "docType" : "TITLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3-A", "activeDate" : "2014-09-22", "sequenceNo" : 1671, "repealedDate" : null, "fromSection" : "4139", "toSection" : "4139", "text" : " TITLE III-A\\n FILING OF CERTIFICATES OF DISSOLUTION OF MARRIAGE\\nSection 4139. Certificates of dissolution of marriages to be filed with\\n the department; duties of county clerks in connection\\n therewith.\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4139", "title" : "Certificates of dissolution of marriages to be filed with the department; duties of county clerks in connection therewith", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4139", "activeDate" : "2014-09-22", "sequenceNo" : 1672, "repealedDate" : null, "fromSection" : "4139", "toSection" : "4139", "text" : " § 4139. Certificates of dissolution of marriages to be filed with the\\ndepartment; duties of county clerks in connection therewith. 1. No\\ninterlocutory decree, judgment or order of divorce, annulment, or other\\ndissolution of marriage shall hereafter be filed or entered in the\\noffice of any county clerk of this state, unless there is submitted\\ntherewith, a certificate of dissolution of marriage on a form\\nprescribed, printed and furnished by the commissioner. Such form may\\ncontain a confidential section for statistical and research purposes.\\nSuch section shall not be subject to subpoena or to inspection by\\npersons other than the commissioner or authorized personnel of the\\ndepartment. The commissioner may, however, pursuant to appropriate rules\\nassuring that the identity of individuals will not be revealed, approve\\nthe inspection and use of such confidential sections for scientific\\npurposes.\\n 2. Such certificate shall contain the names and addresses of the\\nattorneys for the parties thereto, the names, social security numbers\\nand addresses of the parties to the action, and such other information\\nas prescribed by the commissioner, including but not limited to such\\ninformation as may be requested by the federal agency in charge of vital\\nstatistics.\\n 3. At such times as the commissioner shall direct, the county clerk of\\neach county shall transmit to the department the certificates of\\ndissolution of marriage so filed in his office for each case where the\\ndecree became final during the previous months. Such certificates of\\ndissolution of marriage shall be kept on file and properly indexed by\\nthe department.\\n 4. A certified copy or certified transcript of such certificate may be\\nfurnished to either party to the action by the commissioner. A certified\\ncopy or certified transcript of such certificate may be furnished by the\\ncommissioner to one other than a party to the action, only upon order of\\na judge of a court of record, or a judge of a family court, granted upon\\napplication of such other person, with or without notice, upon showing a\\nproper or judicial necessity therefor, which order and the papers\\naccompanying same shall be filed by the commissioner and given the\\nindexed number of the certificate of dissolution to which it relates.\\nThe commissioner shall be deemed to have complied with the applicable\\nprovisions of this subdivision by the issuance of a certified transcript\\nof the desired certificate instead of a certified copy thereof except\\nwhere the requester shall show, to the satisfaction of the commissioner\\nor his designated representative, a demonstrated need for such certified\\ncopy, or where a court order rendered pursuant to the provisions of this\\nsubdivision contains an express recital or direction therein that the\\nissuance of a certified transcript of such certificate instead of a\\ncertified copy thereof shall not be considered to be in compliance\\ntherewith.\\n 5. Whenever in his opinion, information as to the dissolution of a\\nmarriage is required for a legal or other proper purpose, the\\ncommissioner may make a search of the files and, if the record of\\ndissolution of marriage is found, he may furnish to the applicant, in\\nthe form of a certification, the names of the parties to the dissolved\\nmarriage, the name of the county and county seat of such county in which\\nthe decree dissolving the marriage was granted, and the date the decree\\nwas entered.\\n 6. The commissioner shall be entitled to a fee of thirty dollars for\\neach certification, certified copy or certified transcript of\\ncertificate of dissolution of marriage furnished.\\n 7. For a search of the files where no such certification, certified\\ncopy, or certified transcript is furnished, or for a certification that\\na search discloses no record of a dissolution of marriage, the\\ncommissioner shall be entitled to a fee of thirty dollars.\\n 8. Notwithstanding any other provisions of this section, the federal\\nagency in charge of vital statistics may obtain from the department at a\\nfee acceptable to the commissioner, information from certificates of\\ndissolution of marriage for use solely as statistical data without the\\norder of a justice of the supreme court. For other official purposes,\\nsubject to the provisions of subdivision four of this section,\\ncertifications, certified copies, or certified transcripts of\\ncertificates of dissolution of marriage may be furnished, at a fee\\nacceptable to the commissioner upon specific request therefor by a\\ndepartment of the state of New York or of the government of the United\\nStates.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 1 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A41T4", "title" : "Registration of Deaths: Burial Permits", "docType" : "TITLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4", "activeDate" : "2014-09-22", "sequenceNo" : 1673, "repealedDate" : null, "fromSection" : "4140", "toSection" : "4148", "text" : " TITLE IV\\n REGISTRATION OF DEATHS: BURIAL PERMITS\\nSection 4140. Deaths from natural causes; registration.\\n 4141. Death certificate; form and content.\\n 4141-a. Death certificate; duties of hospital administrator.\\n 4142. Death certificate; duties of funeral director.\\n 4143. Deaths without medical attendance; registration.\\n 4144. Deaths; burial and removal permits; transportation of\\n remains.\\n 4145. Deaths; burial and removal permits; disposition of\\n remains.\\n 4146. Deaths; burial permits; interments in certain cemeteries\\n prohibited.\\n 4147. Deaths; confidentiality of records.\\n 4148. Electronic death registration system.\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4140", "title" : "Deaths; registration", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4140", "activeDate" : "2014-09-22", "sequenceNo" : 1674, "repealedDate" : null, "fromSection" : "4140", "toSection" : "4140", "text" : " § 4140. Deaths; registration. 1. The death of each person who has died\\nin this state shall be registered immediately and not later than\\nseventy-two hours after death or the finding of a dead human body, by\\nfiling with the registrar of the district in which the death occurred or\\nthe body was found a certificate of such death, in a manner and format\\nas prescribed by the commissioner, which shall include through\\nelectronic means in accordance with section forty-one hundred\\nforty-eight of this title.\\n 2. If the certificate of death is properly executed and complete, the\\nregistrar of the district in which the death occurred shall then issue a\\nburial or removal permit to the funeral director or undertaker. In case\\nthe death occurred from a disease which is designated in the sanitary\\ncode as a communicable disease, no permit for the removal or other\\ndisposition of the body shall be issued by the registrar, except to a\\nfuneral director or undertaker licensed in accordance with the\\nprovisions of this chapter, under such conditions as may be prescribed\\nin the sanitary code.\\n 3. The commissioner and the department of health of the city of New\\nYork shall deliver to the state board of elections, at least monthly,\\nrecords in a format as mutually determined by both agencies, of the\\nnames of all persons of voting age for whom death certificates were\\nissued. Such records shall be arranged by county of residence and shall\\ninclude the name, residence address and birth date of each such person.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4141", "title" : "Death certificate; form and content", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2019-11-08" ], "docLevelId" : "4141", "activeDate" : "2014-09-22", "sequenceNo" : 1675, "repealedDate" : null, "fromSection" : "4141", "toSection" : "4141", "text" : " § 4141. Death certificate; form and content. 1. The certificate of\\ndeath shall contain such information, including but not limited to the\\ndecedent's social security number, and shall be in such form as the\\ncommissioner may prescribe.\\n 2. The personal particulars called for shall be furnished by a\\ncompetent person acquainted with the facts.\\n 3. The statement of facts relating to the disposition of the body\\nshall be signed by the funeral director or undertaker in charge of the\\ncorpse.\\n 4. (a) The medical certificate shall be made, dated, and signed by the\\nphysician or nurse practitioner, if any, last in attendance on the\\ndeceased.\\n (b) Indefinite terms, denoting only symptoms of disease or conditions\\nresulting from disease, shall not be held sufficient.\\n (c) Any certificate stating the cause of death in terms which the\\ncommissioner declares indefinite shall be returned to the physician,\\nnurse practitioner, or person making the medical certificate for\\ncorrection and more definite statement.\\n (d) Where a death is caused by an opioid overdose, such information\\nshall be indicated, including any related information as the\\ncommissioner may require.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4141-A", "title" : "Death certificate; duties of hospital administrator", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4141-A", "activeDate" : "2014-09-22", "sequenceNo" : 1676, "repealedDate" : null, "fromSection" : "4141-A", "toSection" : "4141-A", "text" : " § 4141-a. Death certificate; duties of hospital administrator. When a\\ndeath occurs in a hospital, except in those cases where certificates are\\nissued by coroners or medical examiners, the person in charge of such\\nhospital or his or her designated representative shall promptly present\\nthe certificate to the physician or nurse practitioner in attendance, or\\na physician or nurse practitioner acting in his or her behalf, who shall\\npromptly certify to the facts of death, provide the medical information\\nrequired by the certificate, sign the medical certificate of death, and\\nthereupon return such certificate to such person, so that the\\nseventy-two hour registration time limit prescribed in section four\\nthousand one hundred forty of this title can be met; provided, however\\nthat commencing on or after the implementation date under section\\nforty-one hundred forty-eight of this title, information and signatures\\nrequired by this section shall be obtained and made in accordance with\\nsection forty-one hundred forty-eight of this title.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4142", "title" : "Death certificate; duties of funeral director", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4142", "activeDate" : "2014-09-22", "sequenceNo" : 1677, "repealedDate" : null, "fromSection" : "4142", "toSection" : "4142", "text" : " § 4142. Death certificate; duties of funeral director. In each case\\nthe funeral director, undertaker or person having charge of the body of\\na deceased person, shall:\\n (a) obtain the personal and statistical particulars required for the\\ncertificate of death from a competent person acquainted with the facts\\nand qualified to supply them and enter them on the certificate together\\nwith the name and address of his informant;\\n (b) present the certificate promptly to the attending physician or\\nnurse practitioner, who shall forthwith certify to the facts of death,\\nprovide the medical information required by the certificate and sign the\\nmedical certificate of death, or to the coroner or medical examiner in\\nthose cases where so required by this article or, when a death occurs in\\na hospital, except in those cases where certificates are issued by\\ncoroners or medical examiners, to the person in charge of such hospital\\nor his or her designated representative, who shall obtain the medical\\ncertificate of death as prescribed in section four thousand one hundred\\nforty-one-a of this title;\\n (c) state the facts required on the certificate of death relative to\\nthe date and place of burial, cremation or removal, over his signature\\nand with his address; and,\\n (d) prior to the disposition of the remains, file the certificate of\\ndeath with the registrar of the district in which the death occurred as\\nprovided in section four thousand one hundred forty of this article.\\n (e) notwithstanding any contrary provisions of law as may be set forth\\nin this section, commencing on or after the implementation date under\\nsection forty-one hundred forty-eight of this title, information and\\nsignatures required by this subdivision shall be obtained and made in\\naccordance with section forty-one hundred forty-eight of this title.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4143", "title" : "Deaths without medical attendance; registration", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2025-05-16" ], "docLevelId" : "4143", "activeDate" : "2014-09-22", "sequenceNo" : 1678, "repealedDate" : null, "fromSection" : "4143", "toSection" : "4143", "text" : " § 4143. Deaths without medical attendance; registration. 1. In case of\\nany death occurring without medical attendance, it shall be the duty of\\nthe funeral director, undertaker or any other person to whose knowledge\\nthe death may come, to give notice of such death to the coroner of the\\ncounty, or if there be more than one, to a coroner having jurisdiction,\\nor to the medical examiner.\\n 2. When notified of any death occurring without medical attendance,\\nthe coroner or medical examiner shall immediately investigate as\\nprovided by law and shall certify as provided in subdivision three.\\n 3. The coroner or medical examiner whose duty it is to investigate the\\ndeath and to execute the certificate of death, shall state in such\\ncertificate the name of the disease causing death, or if from external\\ncauses, the means of death; whether probably accidental, suicidal or\\nhomicidal; and shall, in any case, furnish such information as may be\\nrequired by the commissioner in order to classify the death.\\n 4. In case of any death occurring without medical attendance in the\\ncounty of Erie, it shall be the duty of the undertaker or other person\\nto whose knowledge the death may come, to notify the medical director of\\nsuch death, and when so notified the medical director shall immediately\\ninvestigate and certify as to the cause of death and shall, if he has\\nreason to believe that the death may have been due to an unlawful act or\\nneglect, cause a proper investigation and certification in accordance\\nwith the provisions of this section.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4144", "title" : "Deaths; burial and removal permits; transportation of remains", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2016-10-07" ], "docLevelId" : "4144", "activeDate" : "2016-10-07", "sequenceNo" : 1679, "repealedDate" : null, "fromSection" : "4144", "toSection" : "4144", "text" : " § 4144. Deaths; burial and removal permits; transportation of remains.\\n1. The body of any person whose death occurs in this state, or which\\nshall be found dead herein shall not be interred, deposited in a vault\\nor tomb, cremated or otherwise disposed of, or removed from this state,\\nor be temporarily held pending further disposition more than seventy-two\\nhours after death, unless a permit for burial, removal, or other\\ndisposition thereof shall have been properly issued by the registrar of\\nvital statistics of the registration district in which the death\\noccurred or the body was found; provided, however, that a licensed\\nfuneral director may apply for and receive such permit on behalf of any\\nperson or institution authorized by article forty-two or forty-three of\\nthis chapter to receive unclaimed cadavers or anatomical gifts.\\n 2. (a) No burial or removal permit shall be issued by any registrar\\nuntil, wherever practicable, a complete and satisfactory certificate of\\ndeath has been filed with him as provided in this article.\\n (b) The funeral director or undertaker who shall make any removal\\nbefore a permit is issued by the registrar, shall return the body to the\\nregistration district where death occurred, whenever the coroner,\\nmedical examiner, or district attorney shall request such return of the\\nbody for investigation or post-mortem examination.\\n (c) Except as specifically provided in this section, the existing\\ngeneral duties of, and remuneration received by, local registrars in\\naccepting and filing certificates of death and issuing burial and\\nremoval permits pursuant to any statute or regulation shall be\\nmaintained, and not altered or abridged in any way by this section.\\n 3. No registrar of vital statistics shall receive any fee for the\\nissuance of burial or removal permits under this chapter except as\\nreferenced by section forty-one hundred forty-eight of this title and\\nother than the compensation provided in this article.\\n 4. When the body of a deceased person is transported from outside of\\nthe state into a registration district in this state for burial or other\\ndisposition, the transit or removal permit issued in accordance with the\\nlaw and health regulations of the place where the death occurred shall\\nbe given the same force and effect as the burial permit herein provided\\nfor.\\n 5. If the interment, or other disposition of the body of a deceased\\nperson is to be made within the state, the wording of the burial or\\nremoval permit may be limited to a statement by the registrar, and over\\nhis signature, that a satisfactory certificate of death, having been\\nfiled with him, as required by law, permission is granted to inter,\\nremove or otherwise dispose of the body, stating the name, age, sex,\\ncause of death, and other necessary details in a manner and format as\\nmay be required by the commissioner.\\n 6. Notwithstanding any other provision of law, the commissioner shall\\nhave power to promulgate rules with reference to the removal of bodies\\nof persons whose deaths occur on trains, boats or other carriers engaged\\nin the transportation of persons within this state, and with reference\\nto the removal of bodies as provided herein.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4145", "title" : "Deaths; burial and removal permits; disposition of remains", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2021-07-09", "2023-03-10", "2023-06-30", "2025-09-12" ], "docLevelId" : "4145", "activeDate" : "2014-09-22", "sequenceNo" : 1680, "repealedDate" : null, "fromSection" : "4145", "toSection" : "4145", "text" : " § 4145. Deaths; burial and removal permits; disposition of remains. 1.\\nNo person in charge of any premises on which interments, cremations or\\nother disposition of the body of a deceased person are made shall inter\\nor permit the interment or other disposition of any body unless it is\\naccompanied by a burial, cremation or transit permit, as provided in\\nthis article.\\n 2. (a) The funeral director or undertaker shall deliver the burial\\npermit to the person in charge of the place of burial or other\\ndisposition before interring or otherwise disposing of the body or shall\\nattach the removal or transit permit to the box containing the body,\\nwhen shipped by any transportation company, which permit shall accompany\\nthe remains to its destination, where, if within this state, it shall be\\ndelivered to the person in charge of the place of burial or other\\ndisposition.\\n (b) Any person or other entity owning, operating, managing, or\\ndesignated to receive the body of a deceased person at a place of\\nburial, cremation, or other final disposition in this state, who\\nreceives the body of a deceased person, shall provide a receipt for the\\nbody to the funeral director, undertaker or registered resident who\\ndelivered such body. Each receipt shall (i) be endorsed by both such\\nperson and the funeral director, undertaker or registered resident, (ii)\\nindicate the date the body was delivered, (iii) include the name of the\\nfuneral director, undertaker or registered resident delivering the body\\nand the registration number of such funeral director, undertaker or\\nregistered resident, (iv) include the name of the registered funeral\\nfirm the funeral director, undertaker or registered resident represents,\\n(v) include the name of the deceased person as it appears on the burial,\\ncremation, or transit permit, and (vi) include the name of the owner,\\noperator, manager, or person in charge of the place of burial,\\ncremation, or other final disposition who received the body of the\\ndeceased person. A copy of such receipt shall be retained by the owner,\\noperator, manager, or person in charge of the place of burial,\\ncremation, or other final disposition for a period of not less than four\\nyears, and shall be made available for inspection by the division of\\ncemeteries during normal business hours. The original copy of every such\\nreceipt shall be retained by the licensed funeral firm for a period of\\nnot less than four years pursuant to the rules and regulations of the\\ndepartment governing the maintenance of records.\\n 3. The person in charge of the place of burial or other disposition\\nshall endorse upon the permit, the date of interment, or cremation or\\nother disposition over his signature, and shall return all permits so\\nendorsed to the registrar of his district within seven days after the\\ndate of interment, cremation or other disposition.\\n 4. When burying or otherwise disposing of the body of a deceased\\nperson in a cemetery or burial place having no person in charge, the\\nfuneral director or undertaker shall (a) sign the burial or removal\\npermit, giving the date of burial; (b) write across the face of the\\npermit the words \"No person in charge; \" and (c) file the burial or\\nremoval permit within three days with the registrar of the district in\\nwhich the cemetery is located.\\n 5. The person in charge of the place of burial, cremation, or other\\ndisposition shall keep a record of all bodies interred or otherwise\\ndisposed of on the premises under his charge, in each case stating the\\nname of each deceased person, place of death, date of burial or\\ndisposal, and name and address of the funeral director or undertaker,\\nwhich record shall at all time be open to official inspection.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4146", "title" : "Deaths; burial permits; interments in certain cemeteries prohibited", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4146", "activeDate" : "2014-09-22", "sequenceNo" : 1681, "repealedDate" : null, "fromSection" : "4146", "toSection" : "4146", "text" : " § 4146. Deaths; burial permits; interments in certain cemeteries\\nprohibited. 1. Whenever the legislative authority of any municipality\\nshall deem that further interments in any cemetery in such municipality\\nwould be detrimental to the public health, it may by resolution direct\\nits clerk to cause a notice to be served upon the person or corporation\\nowning or controlling such cemetery, and to publish said notice once a\\nweek for three successive weeks in two papers published in such city,\\nstating a time and place not less than thirty days after service and\\nfirst publication of such notice, at which any person interested may\\nshow cause to the legislative authority why further interments in such\\ncemetery should not be prohibited.\\n 2. At the time and place specified in such notice the legislative\\nauthority of such municipality shall hear all persons desiring to be\\nheard, and if upon such hearing it appears that further interments in\\nsuch cemetery will be detrimental to public health, it may by resolution\\nprohibit further interments therein.\\n 3. If such resolution is adopted a certified copy thereof shall be\\nfiled with the board of health of the municipality in which the cemetery\\nis located, and thereafter permits for interments in such cemetery shall\\nnot be issued. The action of the legislative authority in passing such\\nresolution may be reviewed within thirty days thereafter under and\\npursuant to article seventy-eight of the civil practice act.\\n 4. A burial permit issued by any registrar of vital statistics\\nauthorizing burial in such cemetery shall be deemed null and void and of\\nno legal effect after a copy of the resolution has been filed with the\\nboard of health of the municipality.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4147", "title" : "Deaths; confidentiality of records", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4147", "activeDate" : "2014-09-22", "sequenceNo" : 1682, "repealedDate" : null, "fromSection" : "4147", "toSection" : "4147", "text" : " § 4147. Deaths; confidentiality of records. The death certificate,\\nburial permit or any other record of death or interment, as defined by\\narticle forty-one of this chapter, including but not limited to the\\nname, address or telephone number of the decedent, next of kin or\\nsurviving relatives of such decedent, shall not be sold or offered for\\nsale for commercial, promotional or profit-making purposes without the\\nwritten consent of the next of kin or the legal representative of such\\ndecedent or next of kin. The provisions of this section shall not apply\\nto newspapers or newsletters providing general information to the\\npublic. A violation of this section shall constitute a violation as\\ndefined in the penal law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4148", "title" : "Electronic death registration system", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2025-05-16" ], "docLevelId" : "4148", "activeDate" : "2014-09-22", "sequenceNo" : 1683, "repealedDate" : null, "fromSection" : "4148", "toSection" : "4148", "text" : " § 4148. Electronic death registration system. 1. The department is\\nhereby authorized and directed to design, implement and maintain an\\nelectronic death registration system for collecting, storing, recording,\\ntransmitting, amending, correcting and authenticating information, as\\nnecessary and appropriate to complete a death registration, and to\\ngenerate such documents as determined by the department in relation to a\\ndeath occurring in this state. As part of the design and implementation\\nof the system established by this section, the department shall consult\\nwith all persons authorized to use such system to the extent practicable\\nand feasible. The payment referenced in subdivision five of this section\\nshall be collected for each burial or removal permit issued on or after\\nthe effective date of this section from the licensed funeral director or\\nundertaker to whom such permit is issued, in the manner specified by the\\ndepartment and shall be used solely for the purpose set forth in\\nsubdivision five of this section. Except as specifically provided in\\nthis section, the existing general duties of, and remuneration received\\nby, local registrars in accepting and filing certificates of death and\\nissuing burial and removal permits pursuant to any statute or regulation\\nshall be maintained, and not altered or abridged in any way by this\\nsection.\\n 2. Commencing on the implementation date, the department shall require\\nthat deaths occurring within this state must be registered using the\\nelectronic death registration system established in this section.\\nElectronic death registration may be phased in, as determined by the\\ncommissioner, for deaths occurring in the state until the electronic\\ndeath registration system is fully implemented in the state. As used in\\nthis section, \"implementation date\" means the first day in January in\\nthe second year after this section becomes a law, or as soon thereafter\\nas the commissioner reasonably determines by regulation is feasible in\\nlight of the intent of this section.\\n 3. Commencing on the implementation date, all persons required to\\nregister a death or file a certificate of death under this article, and\\nsuch others as may be authorized by the commissioner, shall have access\\nto the electronic death registration system for the purpose of entering\\ninformation required to execute, complete and file a certificate of\\ndeath or to retrieve such information or generate documentation from the\\nelectronic death registration system. The confidentiality provisions in\\nsection forty-one hundred forty-seven of this title shall apply to\\ninformation maintained in this system.\\n 4. Notwithstanding any provision of law to the contrary, commencing on\\nor after January first, two thousand fifteen, or on such date determined\\nby the commissioner pursuant to subdivision two of this section, any\\nrequirement of this title for a signature of any person shall be deemed\\nsatisfied by the use by such person of digital signature provided such\\nperson is authorized in accordance with this section to use the\\nelectronic death registration system.\\n 5. Licensed funeral directors and undertakers shall support the\\nestablishment and maintenance of the electronic death registration\\nsystem through a payment, tendered for each burial and removal permit\\nissued to a licensed funeral director or undertaker, in the amount of\\ntwenty dollars, provided that such payment shall be considered a cost of\\noperation and the funeral director or undertaker shall not charge any\\nadditional fee related to such payment for funeral or other services.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 10 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A41T5", "title" : "Registration of Fetal Deaths", "docType" : "TITLE", "publishedDates" : [ "2014-09-22", "2025-05-16" ], "docLevelId" : "5", "activeDate" : "2014-09-22", "sequenceNo" : 1684, "repealedDate" : null, "fromSection" : "4160", "toSection" : "4163", "text" : " TITLE V\\n REGISTRATION OF FETAL DEATHS\\nSection 4160. Fetal deaths; registration.\\n 4160-a. Certificate of still birth.\\n 4161. Fetal death certificates; form and content; physicians,\\n nurse practitioners, midwives, and hospital\\n administrators.\\n 4162. Fetal deaths; burial and removal; permits.\\n 4163. Penalties.\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4160", "title" : "Fetal deaths; registration", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2025-05-16", "2025-06-13", "2025-11-28", "2026-02-20", "2026-06-05", "2026-06-12" ], "docLevelId" : "4160", "activeDate" : "2014-09-22", "sequenceNo" : 1685, "repealedDate" : null, "fromSection" : "4160", "toSection" : "4160", "text" : " § 4160. Fetal deaths; registration. 1. Fetal death is defined as death\\nprior to the complete expulsion or extraction from its mother of a\\nproduct of conception; the death is indicated by the fact that after\\nsuch separation, the fetus does not breathe or show any other evidence\\nof life such as beating of the heart, pulsation of the umbilical cord,\\nor definite movement of voluntary muscles.\\n 2. A fetal death shall be registered within seventy-two hours after\\nexpulsion of such fetus, by filing directly with the commissioner a\\ncertificate of such death. In addition, a report of fetal death shall be\\nreported to the registrar in the district in which the fetal death\\noccurred.\\n 3. For the purposes of this article, a fetal death shall be considered\\nas a birth and as a death except that, for a fetal death, separate birth\\nand death certificates shall not be required to be prepared and\\nrecorded, except as provided in section forty-one hundred sixty-a of\\nthis title.\\n 4. Local registrars of each district in which fetal death certificates\\nwere filed prior to the effective date of this subdivision shall dispose\\nof such certificates in the manner prescribed by the commissioner.\\n 5. Notwithstanding any other provision of this chapter, the disclosure\\nof information filed pursuant to this section shall be limited to the\\nmother, her lawful representative and to authorized personnel of the\\ndepartment.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4160-A", "title" : "Certificate of still birth", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2025-05-16", "2025-11-28", "2026-02-20" ], "docLevelId" : "4160-A", "activeDate" : "2014-09-22", "sequenceNo" : 1686, "repealedDate" : null, "fromSection" : "4160-A", "toSection" : "4160-A", "text" : " § 4160-a. Certificate of still birth. 1. The department, or in the\\ncity of New York, the board of health, shall establish a certificate of\\nstill birth. The registrar with whom a fetal death certificate is filed\\nshall issue a certificate of still birth to the parent or parents named\\non a fetal death certificate issued in the case of a stillbirth, upon\\nthe request of such parent or parents. If both parents are deceased at\\nthe time of the stillbirth, the registrar shall issue the certificate\\nto, and upon the request of, the sibling, parent, or parents of the\\nbirth parents.\\n 2. A certificate issued pursuant to this section shall include such\\nappropriate information as shall be determined by the department or if\\nthe stillbirth occurred in the city of New York, by the board of health,\\nand shall be on a form established by the department or city of New York\\nboard of health which is similar, as applicable, to the form of a\\ncertificate prescribed by section forty-one hundred thirty of this\\narticle relating to a live birth.\\n 3. A person who prepares a fetal death certificate pursuant to section\\nforty-one hundred sixty of this title or, if the stillbirth occurred in\\nthe city of New York, pursuant to the New York City health code, or\\ntheir designee, shall inform, in writing, the parent or parents of a\\nstillborn fetus of the right to receive a certificate of still birth.\\nProvided, however that if both parents are deceased at the time of such\\nstillbirth, then the person shall so inform the sibling, parent or\\nparents of the birth parent or parents.\\n 4. The person who prepares a certificate pursuant to this section\\nshall include thereon the name given to the stillborn fetus by the\\nparents, if the parent or parents wish to include such name on such\\ncertificate.\\n 5. A certificate issued pursuant to this section shall not constitute\\nproof of a live birth. Furthermore, such certificate shall not be used\\nto calculate live birth statistics.\\n 6. Notwithstanding any other provision of this chapter, the parent or\\nparents may elect to have the disclosure of and access to the\\ninformation included on such certificate limited to the parents named on\\nthe certificate, their lawful representatives, to authorized personnel\\nof the department, and to the registrar.\\n 7. For the purposes of this section, the term \"stillbirth\" shall mean\\nthe unintended intrauterine death of a fetus that occurs after the\\nclinical estimate of the twentieth week of gestation.\\n 8. A certificate of still birth may be requested and issued regardless\\nof the date on which the fetal death certificate was issued.\\n 9. The registrar may charge a fee for the issuance of a certificate\\nunder this section equal to the fee authorized by law for the\\ncertification of a birth or death.\\n 10. This section shall apply to the city of New York, notwithstanding\\nsection forty-one hundred four of this article. For the purposes of this\\nsection, in relation to the city of New York, the term \"registrar\" shall\\nmean the official of the city of New York with whom fetal death\\ncertificates are filed.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4161", "title" : "Fetal death certificates; form and content; physicians, nurse practitioners, midwives, and hospital administrators", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2025-05-16", "2026-02-20" ], "docLevelId" : "4161", "activeDate" : "2014-09-22", "sequenceNo" : 1687, "repealedDate" : null, "fromSection" : "4161", "toSection" : "4161", "text" : " § 4161. Fetal death certificates; form and content; physicians, nurse\\npractitioners, midwives, and hospital administrators.\\n 1. The certificate of fetal death and the report of fetal death shall\\ncontain such information and be in such form as the commissioner may\\nprescribe; provided however that commencing on or after the\\nimplementation date under section forty-one hundred forty-eight of this\\narticle, information and signatures required by this subdivision shall\\nbe obtained and made in accordance with section forty-one hundred\\nforty-eight of this article, except that unless requested by the woman\\nneither the certificate nor the report of fetal death shall contain the\\nname of the woman, her social security number or any other information\\nwhich would permit her to be identified except as provided in this\\nsubdivision. The report shall state that a certificate of fetal death\\nwas filed with the commissioner and the date of such filing. The\\ncommissioner shall develop a unique, confidential identifier to be used\\non the certificate of fetal death to be used in connection with the\\nexercise of the commissioner's authority to monitor the quality of care\\nprovided by any individual or entity licensed to perform an abortion in\\nthis state and to permit coordination of data concerning the medical\\nhistory of the woman for purposes of conducting surveillance scientific\\nstudies and research pursuant to the provisions of paragraph (j) of\\nsubdivision one of section two hundred six of this chapter.\\n 2. In each case where a physician or nurse practitioner was in\\nattendance at or after a fetal death, it is the duty of such physician\\nor nurse practitioner to certify to the birth and to the cause of death\\non the fetal death certificate. Where a nurse-midwife was in attendance\\nat a fetal death it is the duty of such nurse-midwife to certify to the\\nbirth but, he or she shall not certify to the cause of death on the\\nfetal death certificate.\\n 3. Fetal deaths occurring without the attendance of a physician or\\nnurse practitioner as provided in subdivision two of this section shall\\nbe treated as deaths without medical attendance, as provided in this\\narticle.\\n 4. When a fetal death occurs in a hospital, except in those cases\\nwhere certificates are issued by coroners or medical examiners, the\\nperson in charge of such hospital or his or her designated\\nrepresentative shall promptly present the certificate to the physician\\nor nurse practitioner in attendance, or a physician or nurse\\npractitioner acting in his or her behalf, who shall promptly certify to\\nthe facts of birth and of fetal death, provide the medical information\\nrequired by the certificate, sign the medical certificate of birth and\\ndeath, and thereupon return such certificate to such person, so that the\\nseventy-two hour registration time limit prescribed in section four\\nthousand one hundred sixty of this title can be met; provided, however\\nthat commencing on or after the implementation date under section\\nforty-one hundred forty-eight of this article, information and\\nsignatures required by this subdivision shall be obtained and made in\\naccordance with section forty-one hundred forty-eight of this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4162", "title" : "Fetal deaths; burial and removal; permits", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2025-05-16" ], "docLevelId" : "4162", "activeDate" : "2014-09-22", "sequenceNo" : 1688, "repealedDate" : null, "fromSection" : "4162", "toSection" : "4162", "text" : " § 4162. Fetal deaths; burial and removal; permits. 1. A permit shall\\nbe required for the removal, transportation, burial or other disposition\\nof remains resulting from a fetal death, other than fetal tissue,\\nhydatidiform mole or other evidence of pregnancy recovered by curettage\\nor operative procedures or other products of conception of under twenty\\nweeks uterogestation.\\n 2. Such permit shall be issued by the local registrar of the district\\nin which the fetal death occurred upon presentation by the funeral\\ndirector of a report of fetal death, on the form prescribed by the\\ncommissioner. The issuance of such permit shall be subject to the\\nprovisions of title IV of this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4163", "title" : "Penalties", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2025-05-16" ], "docLevelId" : "4163", "activeDate" : "2014-09-22", "sequenceNo" : 1689, "repealedDate" : null, "fromSection" : "4163", "toSection" : "4163", "text" : " § 4163. Penalties. Any person who shall release information which\\nmight disclose the identity of the woman in connection with a\\ncertificate of fetal death or report of fetal death in violation of the\\nprovisions of this title shall be subject to a civil penalty not to\\nexceed five thousand dollars for each such release. Such penalty may be\\nrecovered in the same manner as the penalty provided in section twelve\\nof this chapter.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 5 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A41T5-A", "title" : "Induced Viable Births", "docType" : "TITLE", "publishedDates" : [ "2014-09-22", "2019-01-25" ], "docLevelId" : "5-A", "activeDate" : "2019-01-25", "sequenceNo" : 1690, "repealedDate" : null, "fromSection" : null, "toSection" : null, "text" : " TITLE V-A\\n INDUCED VIABLE BIRTHS\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A41T6", "title" : "Registration of Persons In Institutions", "docType" : "TITLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6", "activeDate" : "2014-09-22", "sequenceNo" : 1691, "repealedDate" : null, "fromSection" : "4165", "toSection" : "4165", "text" : " TITLE VI\\n REGISTRATION OF PERSONS IN INSTITUTIONS\\nSection 4165. Persons in institutions; registration.\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4165", "title" : "Persons in institutions; registration", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2021-08-13" ], "docLevelId" : "4165", "activeDate" : "2014-09-22", "sequenceNo" : 1692, "repealedDate" : null, "fromSection" : "4165", "toSection" : "4165", "text" : " § 4165. Persons in institutions; registration. 1. Directors,\\nsuperintendents, managers or other persons in charge of hospitals, homes\\nfor indigents, lying-in or other institutions, public or private, to\\nwhich persons resort for treatment of diseases or confinement, or to\\nwhich persons are committed by process of law, shall make, at the time\\nof their admittance, a record of all the personal and statistical\\nparticulars relative to the patients and inmates in their institutions,\\nwhich are required in the forms of the certificate provided for by this\\narticle as directed by the commissioner.\\n 2. The personal particulars and information required by this section\\nshall be obtained from the patient or inmate, if it is practicable to do\\nso; and when they cannot be so obtained, they shall be obtained in as\\ncomplete a manner as possible from relatives, friends, or other persons\\nacquainted with the facts.\\n 3. In the case of persons admitted or committed for treatment of\\ndisease, the physician in charge shall specify for entry in the record,\\nthe nature of the disease, and where, in his opinion, it was contracted.\\n 4. The records of patients or inmates obtained in accordance with this\\nsection shall not be sold to any person for promotional or profit-making\\npurposes without the written consent of such patient or inmate or the\\nwritten consent of the legal representative of such patient or inmate.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 1 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A41T7", "title" : "Vital Statistics Records", "docType" : "TITLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "7", "activeDate" : "2014-09-22", "sequenceNo" : 1693, "repealedDate" : null, "fromSection" : "4170", "toSection" : "4179", "text" : " TITLE VII\\n VITAL STATISTICS RECORDS\\nSection 4170. Records; general duties of registrars.\\n 4171. Records; duties of physicians, nurse practitioners, and\\n others to furnish information.\\n 4172. Records; registrar to transmit through health officers.\\n 4173. Records; transcripts and certifications by registrars;\\n fees.\\n 4174. Records; transcripts and certifications by commissioner;\\n fees.\\n 4175. Records; unrecorded births and deaths.\\n 4176. Records; correction of defective registration.\\n 4177. Vital records; refund of fees.\\n 4179. Vital records; fees; city of New York.\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4170", "title" : "Records; general duties of registrars", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4170", "activeDate" : "2014-09-22", "sequenceNo" : 1694, "repealedDate" : null, "fromSection" : "4170", "toSection" : "4170", "text" : " § 4170. Records; general duties of registrars. Each registrar shall:\\n (a) supply blank forms of certificates to such persons as require\\nthem;\\n (b) examine each certificate of birth or death when presented for\\nrecord in order to ascertain whether or not it has been made out in\\naccordance with the provisions of this article and the instructions of\\nthe commissioner;\\n (c) number consecutively the certificates of birth and death, in two\\nseparate series, beginning with the number one for the first birth and\\nthe first death, in each calendar year, and sign his name as registrar\\nin attest of the date of filing in his office;\\n (d) make a complete and accurate copy of each birth and death\\ncertificate registered by him in such form as approved by the\\ncommissioner;\\n (e) file the permit for each burial, or cremation or other disposition\\nof bodies of deceased persons in his district as the local record, in\\nsuch manner as directed by the commissioner and which shall be subject\\nto disposition at such time and in such manner as may be prescribed by\\nrules and regulations promulgated by the commissioner;\\n (f) at such times as the commissioner shall direct, and as otherwise\\nordered by the commissioner as provided in section four thousand one\\nhundred seventy-two of this chapter transmit to the commissioner all\\noriginal certificates, including reports of foundlings, as required by\\nsection three hundred ninety-eight of the social services law, and\\norders relating to parentage registered by him;\\n (g) maintain a count of reports of fetal death with such reports to be\\ndestroyed at the end of each month.\\n (h) immediately notify the division of criminal justice services in\\nthe event that a copy of a birth certificate or information concerning\\nthe birth records of any person whose record is flagged pursuant to\\nparagraph (i) of subdivision two of section four thousand one hundred of\\nthis article is requested. In the event that a copy of the birth\\ncertificate of a person whose record is so flagged is requested in\\nperson, the registrar's personnel accepting the request shall\\nimmediately notify his or her supervisor who shall notify the local law\\nenforcement agency and department in accordance with regulations\\npromulgated by the department. The person making the request shall\\ncomplete a form as prescribed by the commissioner, which shall include\\nthe name, address, telephone numbers and social security numbers of the\\nperson making the request. A motor vehicle operator's license, or if\\nsuch license is not available, such other identification as the\\ncommissioner determines to be satisfactory, shall be presented,\\nphotocopied and returned to him or her. When a copy of the birth\\ncertificate of a person whose record has been flagged is requested in\\nwriting, the registrar shall notify the local law enforcement agency and\\nthe department in accordance with regulations promulgated by the\\ndepartment.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4171", "title" : "Records; duties of physicians, nurse practitioners, and others to furnish information", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2018-06-08" ], "docLevelId" : "4171", "activeDate" : "2018-06-08", "sequenceNo" : 1695, "repealedDate" : null, "fromSection" : "4171", "toSection" : "4171", "text" : " § 4171. Records; duties of physicians, nurse practitioners, and others\\nto furnish information. 1. Physicians, nurse practitioners,\\nnurse-midwives, funeral directors, undertakers and informants, and all\\nother persons having knowledge of the facts, are hereby required to\\nsupply, upon a form provided by the commissioner or upon the original\\ncertificate, such information as they may possess regarding any birth or\\ndeath upon demand of the commissioner, in person, by mail, or through\\nthe registrar.\\n 2. No forms shall be used other than those supplied by the\\ncommissioner.\\n 3. All certificates, either of birth or death, shall be written\\nlegibly, in durable black ink, provided, however, that commencing on or\\nafter the implementation date under section forty-one hundred\\nforty-eight of this article, death certificates shall be completed in\\naccordance with section forty-one hundred forty-eight of this article.\\nNo certificate, whether filed in paper form or death certificate filed\\nelectronically in accordance with section forty-one hundred forty-eight\\nof this article, shall be held to be complete and correct that does not\\nsupply all of the items of information called for therein, or\\nsatisfactorily account for their omission.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4172", "title" : "Records; registrar to transmit through health officers", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4172", "activeDate" : "2014-09-22", "sequenceNo" : 1696, "repealedDate" : null, "fromSection" : "4172", "toSection" : "4172", "text" : " § 4172. Records; registrar to transmit through health officers. 1.\\nWhen the commissioner shall have so ordered, each registrar shall\\ntransmit, at such times as the commissioner shall direct, to designated\\nlocal health units or officials copies of original birth and death\\ncertificates which have been registered in such primary registration\\ndistrict, and the statistical abstract of fetal death.\\n 2. Each designated local health unit or official receiving copies of\\noriginal certificates shall retain such copies thereof pursuant to\\nsubdivision one of this section as confidential records subject to such\\nfurther regulation to assure such confidentiality as may be prescribed\\nby the commissioner.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4173", "title" : "Records; transcripts and certifications by registrars; fees", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-04-24", "2015-09-04", "2019-09-20", "2020-12-04" ], "docLevelId" : "4173", "activeDate" : "2019-09-20", "sequenceNo" : 1697, "repealedDate" : null, "fromSection" : "4173", "toSection" : "4173", "text" : " § 4173. Records; transcripts and certifications by registrars; fees.\\n1. Upon request, a certification of birth or of death or a certified\\ncopy or certified transcript of a birth or death record shall be issued\\nby the registrar under regulations prescribed by the commissioner.\\n 2. A certified copy or certified transcript of a birth record shall be\\nissued only upon order of a court of competent jurisdiction or upon a\\nspecific request therefor by the person, if eighteen years of age or\\nmore, or by a parent or other lawful representative of the person to\\nwhom the record of birth relates including an authorized representative\\nof the office of children and family services or a local social services\\ndistrict if the person is in the care and custody or custody and\\nguardianship of such entity.\\n 3. (a) The registrar shall be entitled to a fee of ten dollars for\\neach certification of birth or death or for each certified copy or\\ncertified transcript of any record of a birth or of a death or for a\\ncertification that a search discloses no record of a birth or of a\\ndeath, furnished by him to an applicant, except that no fee shall be\\ncharged for a search, certification of birth or death or certified copy\\nor certified transcript of a birth or a death record to be used for\\nschool entrance, employment certificate or for purposes of public relief\\nor government compensation or when required by the veterans\\nadministration to be used in determining the eligibility of any person\\nto participate in the benefits made available by the veterans\\nadministration, provided, however, that if such registrar is a city\\nclerk, town clerk or village clerk, he shall collect such fees for and\\non behalf of the city, town or village in which he serves, provided,\\nhowever, that an amount equivalent to the sum of such fees shall be paid\\nat least monthly by such city, town or village to such city clerk, town\\nclerk or village clerk entitled to receive fees as a registrar of vital\\nstatistics.\\n (b) Notwithstanding paragraph (a) of this subdivision, in the\\nfollowing county jurisdictions the fee shall be set by the county health\\ncommissioner: Chemung, Monroe, Onondaga, Tompkins; and in the following\\nlocal jurisdictions the fee shall be set by the local legislative body:\\ncity of Oswego, city of Albany. In such jurisdictions, the fee may be\\nset up to the amount charged by the commissioner as prescribed in\\nsubdivision two of section forty-one hundred seventy-four of this title.\\n 4. All fees for searches, certification, certified copies and\\ncertified transcripts collected by a registrar of vital statistics in a\\nstate hospital, charitable or penal institution shall be transmitted by\\nhim to the executive department, having jurisdiction, management and\\ncontrol of such hospital or institution, to be paid into the state\\ntreasury as provided by section one hundred twenty-one of the state\\nfinance law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4174", "title" : "Records; transcripts and certifications by commissioner; fees", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-04-24", "2015-09-04", "2016-09-16", "2016-12-09", "2018-06-08", "2021-08-13", "2022-04-15", "2022-09-02", "2023-12-29", "2024-02-02" ], "docLevelId" : "4174", "activeDate" : "2018-06-08", "sequenceNo" : 1698, "repealedDate" : null, "fromSection" : "4174", "toSection" : "4174", "text" : " § 4174. Records; transcripts and certifications by commissioner; fees.\\n1. The commissioner or any person authorized by him shall:\\n (a) upon request, issue to any applicant either a certified copy or a\\ncertified transcript of the record of any death registered under the\\nprovisions of this chapter (1) when a documented medical need has been\\ndemonstrated, (2) when a documented need to establish a legal right or\\nclaim has been demonstrated, (3) when needed for medical or scientific\\nresearch approved by the commissioner, (4) when needed for statistical\\nor epidemiological purposes approved by the commissioner, (5) upon\\nspecific request by municipal, state or federal agencies for statistical\\nor official purposes, (6) upon specific request of the spouse, children,\\nsiblings or parents of the deceased or the lawful representative of such\\npersons, or (7) pursuant to the order of a court of competent\\njurisdiction on a showing of necessity; except no certified copy or\\ncertified transcript of a death record shall be subject to disclosure\\nunder article six of the public officers law;\\n (b) issue certified copies or certified transcripts of birth\\ncertificates only (1) upon order of a court of competent jurisdiction,\\nor (2) upon specific request therefor by the person, if eighteen years\\nof age or more, or by a parent or other lawful representative of the\\nperson, to whom the record of birth relates including authorized\\nrepresentatives of a local social services district if the person is in\\nthe care and custody or custody and guardianship of such district, or\\n(3) upon specific request therefor by a department of a state or the\\nfederal government of the United States;\\n (c) upon request, issue a wallet-size certification of birth, in a\\nform and bearing a design provided by the commissioner. Each applicant\\nfor a wallet-size certification of birth shall remit to the commissioner\\nwith such application, a fee determined by the department;\\n (d) upon request, issue certification of birth or death unless in his\\njudgment it does not appear to be necessary or required for a proper\\npurpose;\\n (e) furnish non-identifiable statistical information in tabular or\\nmachine readable format for research activities if satisfied that the\\nsame is required for a proper purpose, and the commissioner is\\nauthorized to fix and to require payment of a fee sufficient to\\ncompensate the state for the expense of providing the requested\\ninformation;\\n (f) be deemed to have complied with the applicable provisions of\\nparagraphs (a) and (b) of this subdivision by the issuance of a\\ncertified transcript of the desired certificate or record instead of a\\ncertified copy thereof except where the requester shall show, to the\\nsatisfaction of the commissioner or his authorized representative, a\\ndemonstrated need for such certified copy, or where a court order\\nrendered pursuant to the provisions of paragraph (b) of this subdivision\\ncontains an express recital or direction therein that the issuance of a\\ncertified transcript of such certificate or record in place of a\\ncertified copy thereof shall not be considered to be in compliance\\ntherewith;\\n (g) upon request of a board of elections, issue certification of\\ndeath.\\n 2. Each applicant for a certification of birth or death, certificate\\nof birth data or for a certified copy or certified transcript of a birth\\nor death certificate or certificate of birth data shall remit to the\\ncommissioner with such application a fee of thirty dollars in payment\\nfor the search of the files and records and the furnishing of a\\ncertification, certified copy or certified transcript if such record is\\nfound or for a certification that a search discloses no record of a\\nbirth or of a death.\\n 3. For any search of the files and records conducted for authorized\\ngenealogical or research purposes, the commissioner or any person\\nauthorized by him shall be entitled to, and the applicant shall pay, a\\nfee of twenty dollars for each hour or fractional part of an hour of\\ntime of search, together with a fee of two dollars for each uncertified\\ncopy or abstract of such record requested by the applicant or for a\\ncertification that a search discloses no record.\\n 4. No fee shall be charged for a search, certification, certificate,\\ncertified copy or certified transcript of a record to be used for school\\nentrance, employment certificate or for purposes of public relief or\\nwhen required by the veterans administration to be used in determining\\nthe eligibility of any person to participate in the benefits made\\navailable by the veterans administration or when required by a board of\\nelections for the purposes of determining voter eligibility or when\\nrequested by the department of corrections and community supervision or\\na local correctional facility as defined in subdivision sixteen of\\nsection two of the correction law for the purpose of providing a\\ncertified copy or certified transcript of birth to an inmate in\\nanticipation of such inmate's release from custody or to obtain a death\\ncertificate to be used for administrative purposes for an inmate who has\\ndied under custody or when requested by the office of children and\\nfamily services or an authorized agency for the purpose of providing a\\ncertified copy or certified transcript of birth to a youth placed in the\\ncare and custody or custody and guardianship of the local commissioner\\nof social services or the care and custody or custody and guardianship\\nof the office of children and family services in anticipation of such\\nyouth's discharge from placement or foster care.\\n 5. (a) The United States social security administration may obtain\\ninformation from death certificates needed in the administration of\\nold-age and survivors insurance benefits laws, subject to the provisions\\nof any contract entered into pursuant to paragraph (b) of this\\nsubdivision.\\n (b) In addition, the commissioner or any person authorized by the\\ncommissioner is authorized and directed to enter into a contract to\\nfurnish the federal secretary of health and human services information\\nconcerning individuals with respect to whom death certificates have been\\nofficially filed with the commissioner. Such contract shall not include\\nany restriction on the use of information obtained by such secretary\\npursuant to such contract, except that such contract may provide that\\nsuch information is only to be used by the secretary (or any other\\nfederal agency) for purposes of ensuring that federal benefits or other\\npayments are not erroneously paid to deceased individuals.\\n 6. The federal agency in charge of vital statistics may obtain, at a\\nfee acceptable to the commissioner, information from birth and death\\ncertificates for use solely as statistical data.\\n 7. Except as herein otherwise provided, the commissioner is authorized\\nto establish rules and regulations whereby searches may be made and\\ncertifications, certified copies and certified transcripts of birth and\\ndeath certificates furnished without fees to federal, state and\\nmunicipal departments for official purposes.\\n 8. The commissioner, the commissioner of health of the city of New\\nYork, or any person authorized by the commissioner having jurisdiction\\nshall immediately notify the division of criminal justice services in\\nthe event that a copy of a birth certificate or information concerning\\nthe birth records of any person whose record is flagged pursuant to\\nparagraph (i) of subdivision two of section four thousand one hundred of\\nthis article is requested. In the event that a copy of the birth\\ncertificate of a person whose record is so flagged is requested in\\nperson, the personnel accepting the request shall immediately notify his\\nor her supervisor. The person making the request shall complete a form\\nas prescribed by the commissioner or, in the city of New York, the\\ncommissioner of health of the city of New York, which shall include the\\nname, address and telephone numbers and social security number of the\\nperson making the request. A motor vehicle operator's license, or if\\nsuch license is not available, such other identification as the\\ncommissioner, or in the city of New York, the commissioner of the New\\nYork city department of health, determines to be satisfactory, of the\\nperson making the request shall be presented, shall be photocopied and\\nreturned to him or her. The person receiving the request shall note the\\nphysical description of the person making the request and his or her\\nsupervisor shall immediately notify the local law enforcement authority\\nas to the request and the information obtained pursuant to this\\nsubsection. When a copy of the birth certificate of a person whose\\nrecord has been flagged is requested in writing, the law enforcement\\nauthority having jurisdiction shall be notified as to the request and\\nshall be provided with a copy of the written request. The registrar\\nshall retain the original written response.\\n 9. The commissioner may institute an additional fee of fifteen dollars\\nfor priority handling for each certification, certified copy or\\ncertified transcript of certificates of birth, death, or dissolution of\\nmarriage; or fifteen dollars for priority handling for each\\ncertification, certified copy or certified transcript of certificate of\\nmarriage.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4175", "title" : "Records; unrecorded births and deaths", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4175", "activeDate" : "2014-09-22", "sequenceNo" : 1699, "repealedDate" : null, "fromSection" : "4175", "toSection" : "4175", "text" : " § 4175. Records; unrecorded births and deaths. 1. If, at any time\\nafter the birth, or within one year of the death, of any person within\\nthe state, a certified copy of the official record of said birth or\\ndeath, with the information required to be registered by this article,\\nis necessary for legal, judicial, or other proper purposes, and, after\\nsearch by the commissioner or his or her representatives, it appears\\nthat no such certificate of birth or death was made and filed as\\nprovided by this article, then the commissioner shall immediately\\nrequire the physician, nurse practitioner, or nurse-midwife who, being\\nin attendance upon a birth, failed or neglected to file a certificate\\nthereof, or the funeral director, undertaker, or other person who,\\nhaving charge of the interment or removal of the body of a deceased\\nperson, failed or neglected to file the certificate of death, if he or\\nshe is living, to obtain and file at once with the local registrar such\\ncertificate in as complete form as the lapse of time will permit.\\n 2. With said delayed certificate shall be filed such statements\\nsubscribed and affirmed by the persons making them as true under the\\npenalties of perjury and other evidence as may be required by the\\ncommissioner.\\n 3. If the physician, nurse practitioner, nurse-midwife, funeral\\ndirector, or undertaker responsible for the report is deceased or cannot\\nbe located, then the person making application for the certified copy of\\nthe record may file such certificate of birth or death together with\\nsuch statements subscribed and affirmed by the persons making them as\\ntrue under the penalties of perjury and other evidence as the\\ncommissioner may require.\\n 4. The commissioner shall file such certificate and issue a certified\\ncopy thereof to said applicant without fee.\\n 5. The delinquent physician, nurse practitioner, nurse-midwife,\\nfuneral director, undertaker, or other person may, in the discretion of\\nthe commissioner, be prosecuted as required by this article, without bar\\nfrom the statute of limitations, if he or she neglects or fails to file\\npromptly the certificate required by this section.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4176", "title" : "Records; correction of defective registration", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4176", "activeDate" : "2014-09-22", "sequenceNo" : 1700, "repealedDate" : null, "fromSection" : "4176", "toSection" : "4176", "text" : " § 4176. Records; correction of defective registration. 1. If defects\\nbe found in the registration under the supervision of a registrar of\\nvital statistics, the commissioner shall notify such registrar that such\\ndefects must be corrected within ten days of the date of the notice.\\n 2. If such defects are not so corrected the commissioner shall take\\ncontrol of such registration and of the records thereof, and enforce the\\nrules and regulations in regard thereto and secure a complete\\nregistration in such district, and such control shall continue until the\\nregistrar of vital statistics shall satisfy the commissioner that he\\nwill make such record and registry complete as required by law and in\\nthe sanitary code.\\n 3. The expenses incurred by the commissioner or his authorized\\nrepresentative while in control of such registration shall be a charge\\nupon the city, town or village comprising the registration district.\\n 4. No certificate of birth or death, after its acceptance for\\nregistration by the registrar, and no new certificate or other record\\nmade in pursuance of this article, shall be altered or changed in any\\nrespect except to correct errors made in completing the certificate by\\nthe person responsible for preparing the certificate or as otherwise\\nprovided in this article. The commissioner shall provide the application\\nform for a correction of a record which must be properly dated, signed\\nand witnessed, or subscribed and affirmed by the persons making them as\\ntrue under the penalties of perjury, together with such supporting\\nproofs as may be prescribed by the commissioner.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4177", "title" : "Vital records; refund of fees", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4177", "activeDate" : "2014-09-22", "sequenceNo" : 1701, "repealedDate" : null, "fromSection" : "4177", "toSection" : "4177", "text" : " § 4177. Vital records; refund of fees. Moneys received pursuant to\\nthis article may within one year from the receipt thereof be refunded on\\nproof satisfactory to the commissioner that such moneys were in excess\\nof amounts required by law. Such refund shall after audit by the\\ncomptroller be paid by the commissioner from any moneys in the custody\\nof the commissioner received pursuant to this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4179", "title" : "Vital records; fees; city of New York", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2016-09-16", "2016-12-09", "2021-08-13", "2022-04-15", "2022-09-02" ], "docLevelId" : "4179", "activeDate" : "2016-12-09", "sequenceNo" : 1702, "repealedDate" : null, "fromSection" : "4179", "toSection" : "4179", "text" : " § 4179. Vital records; fees; city of New York. Notwithstanding the\\nprovisions of paragraph one of subdivision a of section 207.13 of the\\nhealth code of the city of New York, the department of health shall\\ncharge, and the applicant shall pay, for a search of two consecutive\\ncalendar years under one name and the issuance of a certificate of\\nbirth, death or termination of pregnancy, or a certification of birth or\\ndeath, or a certification that the record cannot be found, a fee of\\nfifteen dollars for each copy. Provided, however, that no such fee shall\\nbe charged when the department of corrections and community supervision\\nor a local correctional facility as defined in subdivision sixteen of\\nsection two of the correction law requests a certificate of birth or\\ncertification of birth for the purpose of providing such certificate of\\nbirth or certification of birth to an inmate in anticipation of such\\ninmate's release from custody or to obtain a death certificate to be\\nused for administrative purposes for an inmate who has died under\\ncustody or when the office of children and family services or an\\nauthorized agency requests a certified copy or certified transcript of\\nbirth for a youth placed in the custody of the local commissioner of\\nsocial services or the custody of the office of children and family\\nservices pursuant to article three of the family court act for the\\npurpose of providing such certified copy or certified transcript of\\nbirth to such youth in anticipation of discharge from placement.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 9 }, "repealed" : false } ], "size" : 9 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A42", "title" : "Cadavers", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "42", "activeDate" : "2014-09-22", "sequenceNo" : 1703, "repealedDate" : null, "fromSection" : "4200", "toSection" : "4222", "text" : " ARTICLE 42\\n CADAVERS\\nTitle I. Disposition (Secs. 4200-4203).\\n II. Autopsy and dissection (Secs. 4209-4222).\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A42T1", "title" : "Disposition", "docType" : "TITLE", "publishedDates" : [ "2014-09-22", "2025-09-12" ], "docLevelId" : "1", "activeDate" : "2014-09-22", "sequenceNo" : 1704, "repealedDate" : null, "fromSection" : "4200", "toSection" : "4203", "text" : " TITLE I\\n DISPOSITION\\nSection 4200. Cadavers; duty of burial.\\n 4201. Disposition of remains; responsibility therefor.\\n 4202. Cremated remains; disposition.\\n 4203. Cremated remains of a veteran; disposition.\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4200", "title" : "Cadavers; duty of burial", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2023-03-10", "2023-06-30" ], "docLevelId" : "4200", "activeDate" : "2014-09-22", "sequenceNo" : 1705, "repealedDate" : null, "fromSection" : "4200", "toSection" : "4200", "text" : " § 4200. Cadavers; duty of burial. 1. Except in the cases in which a\\nright to dissect it is expressly conferred by law, every body of a\\ndeceased person, within this state, shall be decently buried or\\nincinerated within a reasonable time after death.\\n 2. The provisions of this section shall not impair the right to carry\\nthe body of a deceased person through this state, or to remove from this\\nstate the body of a person who has died within it, for the purpose of\\nburying the same elsewhere.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4201", "title" : "Disposition of remains; responsibility therefor", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2018-05-18", "2022-05-13", "2023-03-10", "2023-06-30", "2025-09-12" ], "docLevelId" : "4201", "activeDate" : "2018-05-18", "sequenceNo" : 1706, "repealedDate" : null, "fromSection" : "4201", "toSection" : "4201", "text" : " § 4201. Disposition of remains; responsibility therefor. 1. As used in\\nthis section, the following terms shall have the following meanings,\\nunless the context otherwise requires:\\n (a) \"Cremation\" means the incineration of human remains.\\n (b) \"Disposition\" means the care, disposal, transportation, burial,\\ncremation or embalming of the body of a deceased person, and associated\\nmeasures.\\n (c) \"Domestic partner\" means a person who, with respect to another\\nperson:\\n (i) is formally a party in a domestic partnership or similar\\nrelationship with the other person, entered into pursuant to the laws of\\nthe United States or any state, local or foreign jurisdiction, or\\nregistered as the domestic partner of the person with any registry\\nmaintained by the employer of either party or any state, municipality,\\nor foreign jurisdiction; or\\n (ii) is formally recognized as a beneficiary or covered person under\\nthe other person's employment benefits or health insurance; or\\n (iii) is dependent or mutually interdependent on the other person for\\nsupport, as evidenced by the totality of the circumstances indicating a\\nmutual intent to be domestic partners including but not limited to:\\ncommon ownership or joint leasing of real or personal property; common\\nhouseholding, shared income or shared expenses; children in common;\\nsigns of intent to marry or become domestic partners under subparagraph\\n(i) or (ii) of this paragraph; or the length of the personal\\nrelationship of the persons.\\n Each party to a domestic partnership shall be considered to be the\\ndomestic partner of the other party. \"Domestic partner\" shall not\\ninclude a person who is related to the other person by blood in a manner\\nthat would bar marriage to the other person in New York state. \"Domestic\\npartner\" shall also not include any person who is less than eighteen\\nyears of age or who is the adopted child of the other person or who is\\nrelated by blood in a manner that would bar marriage in New York state\\nto a person who is the lawful spouse of the other person.\\n (d) \"Person\" means a natural person eighteen years of age or older.\\n 2. (a) The following persons in descending priority shall have the\\nright to control the disposition of the remains of such decedent:\\n (i) the person designated in a written instrument executed pursuant to\\nthe provisions of this section;\\n (ii) the decedent's surviving spouse;\\n (ii-a) the decedent's surviving domestic partner;\\n (iii) any of the decedent's surviving children eighteen years of age\\nor older;\\n (iv) either of the decedent's surviving parents;\\n (v) any of the decedent's surviving siblings eighteen years of age or\\nolder;\\n (vi) a guardian appointed pursuant to article seventeen or seventeen-A\\nof the surrogate's court procedure act or article eighty-one of the\\nmental hygiene law;\\n (vii) any person eighteen years of age or older who would be entitled\\nto share in the estate of the decedent as specified in section 4-1.1 of\\nthe estates, powers and trusts law, with the person closest in\\nrelationship having the highest priority;\\n (viii) a duly appointed fiduciary of the estate of the decedent;\\n (ix) a close friend or relative who is reasonably familiar with the\\ndecedent's wishes, including the decedent's religious or moral beliefs,\\nwhen no one higher on this list is reasonably available, willing, or\\ncompetent to act, provided that such person has executed a written\\nstatement pursuant to subdivision seven of this section; or\\n (x) a chief fiscal officer of a county or a public administrator\\nappointed pursuant to article twelve or thirteen of the surrogate's\\ncourt procedure act, or any other person acting on behalf of the\\ndecedent, provided that such person has executed a written statement\\npursuant to subdivision seven of this section.\\n (b) If a person designated to control the disposition of a decedent's\\nremains, pursuant to this subdivision, is not reasonably available,\\nunwilling or not competent to serve, and such person is not expected to\\nbecome reasonably available, willing or competent, then those persons of\\nequal priority and, if there be none, those persons of the next\\nsucceeding priority shall have the right to control the disposition of\\nthe decedent's remains.\\n (c) The person in control of disposition, pursuant to this section,\\nshall faithfully carry out the directions of the decedent to the extent\\nlawful and practicable, including consideration of the financial\\ncapacity of the decedent's estate and other resources made available for\\ndisposition of the remains. The person in control of disposition shall\\nalso dispose of the decedent in a manner appropriate to the moral and\\nindividual beliefs and wishes of the decedent provided that such beliefs\\nand wishes do not conflict with the directions of the decedent. The\\nperson in control of disposition may seek to recover any costs related\\nto the disposition from the fiduciary of the decedent's estate in\\naccordance with section eighteen hundred eleven of the surrogate's court\\nprocedure act.\\n (d) No funeral director, undertaker, embalmer or no person with an\\ninterest in, or who is an employee of any funeral firm, cemetery\\norganization or business operating a crematory, columbarium or any other\\nbusiness, who also controls the disposition of remains in accordance\\nwith this section, shall receive compensation or otherwise receive\\nfinancial benefit for disposing of the remains of a decedent.\\n (e) No person who: (1) at the time of the decedent's death, was the\\nsubject of an order of protection protecting the decedent; or (2) has\\nbeen arrested or charged with any crime set forth in article one hundred\\ntwenty-five of the penal law as a result of any action allegedly\\ncausally related to the death of the decedent shall have the right to\\ncontrol the disposition of the remains of the decedent. However, the\\napplication of this paragraph in a particular case may be waived or\\nmodified in the interest of justice by order of (i) the court that\\nissued the order of protection or in which the criminal action against\\nthe person is pending, or a superior court in which an action or\\nproceeding under the domestic relations law or the family court act\\nbetween the person and the decedent was pending at the time of the\\ndecedent's death, or (ii) if proceeding in that court would cause\\ninappropriate delay, a court in a special proceeding.\\n 3. The written instrument referred to in paragraph (a) of subdivision\\ntwo of this section may be in substantially the following form, and must\\nbe signed and dated by the decedent and the agent and properly\\nwitnessed:\\n APPOINTMENT OF AGENT TO CONTROL DISPOSITION OF REMAINS\\nI, _____________________________________________________________________\\n (Your name and address)\\nbeing of sound mind, willfully and voluntarily make known my desire\\nthat, upon my death, the disposition of my remains shall be controlled\\nby ___________________________________________________________________ .\\n(name of agent)\\nWith respect to that subject only, I hereby appoint such person as my\\nagent with respect to the disposition of my remains.\\nSPECIAL DIRECTIONS:\\nSet forth below are any special directions limiting the power granted to\\nmy agent as well as any instructions or wishes desired to be followed in\\nthe disposition of my remains:\\n________________________________________________________________________\\n________________________________________________________________________\\n________________________________________________________________________\\n________________________________________________________________________\\n________________________________________________________________________\\n Indicate below if you have entered into a pre-funded pre-need\\nagreement subject to section four hundred fifty-three of the general\\nbusiness law for funeral merchandise or service in advance of need:\\n [] No, I have not entered into a pre-funded pre-need agreement subject\\nto section four hundred fifty-three of the general business law.\\n [] Yes, I have entered into a pre-funded pre-need agreement subject to\\nsection four hundred fifty-three of the general business law.\\n________________________________________________________________________\\n(Name of funeral firm with which you entered into a pre-funded pre-need\\nfuneral agreement to provide merchandise and/or services)\\nAGENT:\\nName: __________________________________________________________________\\nAddress: _______________________________________________________________\\nTelephone Number: ______________________________________________________\\nSUCCESSORS:\\n If my agent dies, resigns, or is unable to act, I hereby appoint the\\nfollowing persons (each to act alone and successively, in the order\\nnamed) to serve as my agent to control the disposition of my remains as\\nauthorized by this document:\\n1. First Successor\\nName: __________________________________________________________________\\nAddress: _______________________________________________________________\\nTelephone Number: ______________________________________________________\\n2. Second Successor\\nName: __________________________________________________________________\\nAddress: _______________________________________________________________\\nTelephone Number: ______________________________________________________\\nDURATION:\\nThis appointment becomes effective upon my death.\\nPRIOR APPOINTMENT REVOKED:\\n I hereby revoke any prior appointment of any person to control the\\ndisposition of my remains.\\nSigned this day of , .\\n________________________________________________________________________\\n(Signature of person making the appointment)\\nStatement by witness (must be 18 or older)\\nI declare that the person who executed this document is personally known\\nto me and appears to be of sound mind and acting of his or her free\\nwill. He or she signed (or asked another to sign for him or her) this\\ndocument in my presence.\\nWitness 1: __________________\\n (signature)\\nAddress: _________________\\nWitness 2: _________________\\n (signature)\\nAddress: _________________\\nACCEPTANCE AND ASSUMPTION BY AGENT:\\n 1. I have no reason to believe there has been a revocation of this\\nappointment to control disposition of remains.\\n 2. I hereby accept this appointment.\\n Signed this day of , .\\n _______________________\\n (Signature of agent)\\n 4. (a) In the absence of a written instrument made pursuant to\\nsubdivision three of this section, the designation of a person for the\\ndisposition of one's remains or directions for the disposition of one's\\nremains in a will executed pursuant to the laws of the state of New York\\nprior to the effective date of this section, or otherwise executed\\npursuant to the laws of a jurisdiction outside the state of New York,\\nshall be: (i) considered reflective of the intent of the decedent with\\nrespect to the disposition of the decedent's remains; and (ii)\\nsuperseded by a written instrument subsequently executed pursuant to\\nsubdivision three of this section, or by any other subsequent act by the\\ndecedent evidencing a specific intent to supersede the designation or\\ndirection in such a will with respect to the disposition of the\\ndecedent's remains. All actions taken reasonably and in good faith based\\nupon such authorizations and directions regarding the disposition of\\none's remains in such a will shall be deemed valid regardless of whether\\nsuch a will is later probated or subsequently declared invalid.\\n (b) In the absence of a written instrument made pursuant to\\nsubdivision three of this section, the designation of a person for the\\ndisposition of one's remains or directions for the disposition of one's\\nremains in a will executed pursuant to the laws of the state of New York\\non or after the effective date of this section, shall be considered a\\nreflection of the intent of the decedent with respect to the disposition\\nof the decedent's remains, provided that the person who represents that\\nhe or she is entitled to control the disposition of remains of the\\ndecedent has complied with subdivision five and paragraph (a) of\\nsubdivision seven of this section and signed a written statement in\\naccordance with paragraph (b) of subdivision seven of this section.\\n 4-a. A written instrument under this section may limit the disposition\\nof remains agent's authority to consent to organ or tissue donation or\\ndesignate another person to do so, under article forty-three of this\\nchapter. Failure to state wishes or instructions shall not be construed\\nto imply a wish not to donate.\\n 5. A written instrument executed under this section shall be revoked\\nupon the execution by the decedent of a subsequent written instrument,\\nor by any other subsequent act by the decedent evidencing a specific\\nintent to revoke the prior written instrument and directions on\\ndisposition and agent designations in a will made pursuant to\\nsubdivision three of this section shall be superseded by a subsequently\\nexecuted will or written instrument made pursuant to this section, or by\\nany other subsequent act of the decedent evidencing a specific intent to\\nsupersede the direction or designation. The designation of the\\ndecedent's spouse or domestic partner as an agent in control of\\ndisposition of remains shall be revoked upon the divorce or legal\\nseparation of the decedent and spouse, or termination of the domestic\\npartnership, unless the decedent specified in writing otherwise.\\n 6. A person acting reasonably and in good faith, shall not be subject\\nto any civil liability for:\\n (a) representing himself or herself to be the person in control of a\\ndecedent's disposition;\\n (b) disposing of a decedent's remains if done with the reasonable\\nbelief that such disposal is consistent with this section; or\\n (c) identifying a decedent.\\n 7. No cemetery organization, business operating a crematory or\\ncolumbarium, funeral director, undertaker, embalmer, or funeral firm\\nshall be held liable for actions taken reasonably and in good faith to\\ncarry out the written directions of a decedent as stated in a will or in\\na written instrument executed pursuant to this section. No cemetery\\norganization, business operating a crematory or columbarium, funeral\\ndirector, undertaker, embalmer or funeral firm shall be held liable for\\nactions taken reasonably and in good faith to carry out the directions\\nof a person who represents that he or she is entitled to control of the\\ndisposition of remains, provided that such action is taken only after\\nrequesting and receiving written statement that such person:\\n (a) is the designated agent of the decedent designated in a will or\\nwritten instrument executed pursuant to this section; or\\n (b) that he or she has no knowledge that the decedent executed a\\nwritten instrument pursuant to this section or a will containing\\ndirections for the disposition of his or her remains and that such\\nperson is the person having priority under subdivision two of this\\nsection.\\n 8. Every dispute relating to the disposition of the remains of a\\ndecedent shall be resolved by a court of competent jurisdiction pursuant\\nto a special proceeding under article four of the civil practice law and\\nrules. No person providing services relating to the disposition of the\\nremains of a decedent shall be held liable for refusal to provide such\\nservices, when control of the disposition of such remains is contested,\\nuntil such person receives a court order or other form of notification\\nsigned by all parties or their legal representatives to the dispute\\nestablishing such control.\\n 9. This section does not supersede, alter or abridge any provision of\\nsection four hundred fifty-three of the general business law. In the\\nevent of a conflict or ambiguity, the provisions of section four hundred\\nfifty-three of the general business law shall govern.\\n 10. This section does not supersede, alter or abridge any provision of\\narticle forty-three of this chapter including, but not limited to, the\\npersons authorized to execute an anatomical gift pursuant to section\\nforty-three hundred one of this chapter.\\n 11. This section does not diminish the enforceability of a contract or\\nagreement in which a person controlling the disposition of the remains\\nof a decedent agrees to pay for goods or services in connection with the\\ndisposition of such remains.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4202", "title" : "Cremated remains; disposition", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2023-03-10", "2023-06-30" ], "docLevelId" : "4202", "activeDate" : "2014-09-22", "sequenceNo" : 1707, "repealedDate" : null, "fromSection" : "4202", "toSection" : "4202", "text" : " § 4202. Cremated remains; disposition. 1. Every body delivered to a\\ncemetery for cremation shall be accompanied by a statement from a\\nphysician, coroner, or medical examiner certifying that such body does\\nnot contain a battery or power cell. The person in charge of a cemetery\\nmay refuse to cremate a body unless accompanied by such statement.\\n 2. Cremated remains means human remains after incineration in a\\ncrematory.\\n 3. An institution authorized by article forty-two or forty-three of\\nthis chapter to receive unclaimed cadavers or anatomical gifts,\\nnotwithstanding any other provision of law, may prepare or preserve\\ncadavers in its lawful possession for purposes of research, study or\\nanatomical instruction and may cremate the cadavers or dissected remains\\nof such cadavers after the completion of such research, study or\\nanatomical instruction thereon; provided, however, that cremation shall\\nbe performed only in a retort used exclusively for such purpose. For the\\npurposes of the provisions of this subdivision, such institution shall\\nnot be subject to article fifteen of the not-for-profit corporation law.\\n 4. At the time of the arrangement for a funeral performed by any\\nundertaker or funeral director, the person contracting for funeral\\nservices shall designate his intentions with respect to the disposition\\nof the remains of the deceased in a signed declaration of intent on a\\nform as designated by the department which shall be provided by and\\nretained by the undertaker. Every undertaker, administrator, executor,\\nauthorized representative of a deceased person, corporation, company or\\nassociation, or other person having in his or its lawful possession\\ncremated remains, except such remains committed to his or its care for\\npermanent interment, which remains shall not have been claimed by a\\nrelative or friend of the deceased person within one hundred twenty days\\nfrom the date of cremation, may dispose of such remains by placement in\\na tomb, mausoleum, crypt, niche in a columbarium, burial in a cemetery,\\nor scattering of the remains at sea or by otherwise disposing of such\\nremains as provided by rule of the department. A record of such\\ndisposition shall be made and kept by the person making such\\ndisposition. Upon disposing of such remains in the manner prescribed\\nabove, such person shall be discharged from any legal obligation or\\nliability in relation to such remains.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4203", "title" : "Cremated remains of a veteran; disposition", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2023-03-10", "2023-06-30" ], "docLevelId" : "4203", "activeDate" : "2014-09-22", "sequenceNo" : 1708, "repealedDate" : null, "fromSection" : "4203", "toSection" : "4203", "text" : " § 4203. Cremated remains of a veteran; disposition. 1. As used in this\\nsection, the following terms shall have the following meanings:\\n (a) \"veteran\" means a deceased person who:\\n (i) served in the active military or naval service of the United\\nStates; or\\n (ii) served in active duty in a force of any organized state militia\\nin a full-time status; or\\n (iii) served in the reserve armed forces of the United States in\\nactive duty; or\\n (iv) was a recipient of the armed forces expeditionary medal, navy\\nexpeditionary medal, marine corps expeditionary medal or global war on\\nterrorism expeditionary medal; and\\n (v) was released from such service otherwise than by dishonorable\\ndischarge.\\n (b) \"veterans' service organization\" means an association, corporation\\nor other entity that qualifies under section 501(c)(3) or section\\n501(c)(19) of the Internal Revenue Code as a tax-exempt organization\\nthat has been organized for the benefit of veterans and recognized or\\nchartered by the United States Congress, including, but not limited to\\nthe Disabled American Veterans, the Veterans of Foreign Wars, the\\nAmerican Legion and the Vietnam Veterans of America. The term also\\nincludes a member or employee of an eligible non-profit veterans'\\ncorporation, association or entity, such as the Missing In America\\nVeteran Recovery Program, that specifically assists in facilitating the\\nidentification and internment of unclaimed remains of American veterans.\\n (c) \"national cemetery\" means any cemetery under the control of the\\nUnited States department of veterans' affairs national cemetery\\nadministration.\\n (d) \"interment\" shall have the meaning set forth in paragraph (g) of\\nsection fifteen hundred two of the not-for-profit corporation law.\\n (e) \"disposition\" means disposal of cremated remains by placement in a\\ntomb, mausoleum, crypt, niche in a columbarium or burial in a cemetery.\\nProvided, however, for the purpose of this section the term\\n\"disposition\" shall not include the scattering of cremated remains.\\n (f) \"local veterans' service agencies\" shall have the meaning set\\nforth in section three hundred fifty-seven of the executive law.\\n 2. A funeral director, undertaker or funeral firm which has held in\\nits possession cremated remains for more than one hundred twenty days\\nfrom the date of cremation may, in accordance with the provisions of\\nthis section, determine if such cremated remains are those of a veteran,\\nand if so, may dispose of such remains as provided in this section.\\n 3. (a) Notwithstanding any law or regulation to the contrary, nothing\\nin this section shall prevent a funeral director, undertaker or funeral\\nfirm from sharing information with the United States department of\\nveterans affairs (VA), a local veterans' service agency, a veterans'\\nservice organization, a national cemetery, or county veterans cemetery\\nfor the purpose of determining whether the cremated remains are those of\\na veteran.\\n (b) A funeral director, undertaker, or funeral firm shall be\\ndischarged from any legal obligations or liability with regard to\\nreleasing or sharing information to the United States department of\\nveterans affairs, the local veterans' service agencies, veterans'\\nservice organizations, a national cemetery, or county veterans cemetery\\npursuant to this section.\\n 4. (a) Should a funeral director, undertaker or funeral firm ascertain\\nthe cremated remains in its possession are those of a veteran, and they\\nhave not been instructed by the person in control of the disposition of\\nthe decedent to arrange for the final disposal or delivery of the\\ncremated remains, the funeral director, undertaker or funeral firm may\\ndispose of the cremated remains or relinquish possession of the cremated\\nremains to a veterans' service organization.\\n (b) The method of disposition shall be made pursuant to section\\nforty-two hundred two of this title in a national cemetery, a county\\nveterans cemetery, a section of a cemetery corporation where veterans\\nare memorialized by a veteran's marker if eligible, a veterans' section\\nof a cemetery corporation or a veterans' cemetery if the deceased\\nveteran is eligible for interment in such a manner.\\n 5. The funeral director, undertaker, funeral firm or veterans' service\\norganization notwithstanding any law to the contrary, upon:\\n (a) disposing of cremated remains in accordance with the provisions of\\nthis section, shall be held harmless for any costs or damages, except if\\nthere is gross negligence or willful misconduct; and\\n (b) shall be discharged from any legal obligation or liability\\nconcerning the cremated remains.\\n 6. The estate of the decedent shall be responsible for reimbursing a\\nfuneral director, undertaker, funeral firm or veterans' service\\norganization for all reasonable expenses incurred in relation to the\\ndisposition of such cremated remains.\\n 7. A funeral director, undertaker or funeral firm shall establish and\\nmaintain a record identifying the veterans' service organization\\nreceiving the cremated remains and the site designated for final\\ndisposition of the cremated remains.\\n 8. Nothing in this section shall require a funeral director,\\nundertaker or funeral firm to determine or seek others to determine that\\nan individual's cremated remains are those of a veteran if the funeral\\ndirector, undertaker or funeral firm was informed by the person in\\ncontrol of disposition that such individual was not a veteran, or to\\nrelinquish possession of such cremated remains to a veterans' service\\norganization if the funeral director, undertaker or funeral firm was\\ninstructed by such person in control, or had a reasonable belief, that\\nthe decedent did not desire any funeral or burial-related services or\\nceremonies recognizing such decedent's service as a veteran.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 4 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A42T2", "title" : "Autopsy and Dissection", "docType" : "TITLE", "publishedDates" : [ "2014-09-22", "2018-05-25", "2018-06-08" ], "docLevelId" : "2", "activeDate" : "2018-06-08", "sequenceNo" : 1709, "repealedDate" : null, "fromSection" : "4209", "toSection" : "4222", "text" : " TITLE II\\n AUTOPSY AND DISSECTION\\nSection 4209. Autopsies; right to perform.\\n 4209-a. Procedure for obtaining identification by persons\\n opposed to the dissection or autopsy of their bodies\\n upon their death.\\n 4210. Deceased persons; right to dissect.\\n 4210-a. Unlawful dissection of the body of a human being.\\n 4210-b. Certain unauthorized autopsies.\\n 4210-c. Limitations to dissection or autopsy.\\n 4211. Cadavers; unclaimed; delivery to schools for study.\\n 4212. Cadavers; unclaimed; delivery to schools; procedure.\\n 4213. Cadavers; delivery to relatives or friends.\\n 4214. Cadavers; autopsy by order of hospital authorities.\\n 4215. Cadavers; burial after autopsy and dissection.\\n 4216. Body stealing.\\n 4217. Receiving stolen body of a human being.\\n 4218. Opening graves.\\n 4219. Arresting or attaching a dead body of a human being.\\n 4220. Disturbing funerals.\\n 4221. Removal of eyes and/or parts thereof after death.\\n 4222. Removal of corneal tissue for transplant and pituitary\\n gland tissue for the extraction of growth hormone.\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4209", "title" : "Autopsies; right to perform", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4209", "activeDate" : "2014-09-22", "sequenceNo" : 1710, "repealedDate" : null, "fromSection" : "4209", "toSection" : "4209", "text" : " § 4209. Autopsies; right to perform. No person shall make any\\nincision preparatory to or during an autopsy except (a) a duly licensed\\nmedical physician or osteopathic physician, (b) a resident physician,\\n(c) a medical intern, (d) a student in a registered medical school,\\ndental school or chiropractic college while under the supervision of the\\nprofessor or teacher, (e) an instructor of anatomy, (f) a dental\\nresident or licensed dentist while under the supervision of a physician.\\n A physician performing an autopsy may be assisted by a trained\\nmortuary attendant (diener).\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4209-A", "title" : "Procedure for obtaining identification by persons opposed to the dissection or autopsy of their bodies upon their death", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4209-A", "activeDate" : "2014-09-22", "sequenceNo" : 1711, "repealedDate" : null, "fromSection" : "4209-A", "toSection" : "4209-A", "text" : " § 4209-a. Procedure for obtaining identification by persons opposed to\\nthe dissection or autopsy of their bodies upon their death. Except as\\nrequired by law, no dissection or autopsy shall be performed on the body\\nof any person who is carrying an identification card upon his person\\nindicating his opposition to such dissection or autopsy. To be valid,\\nthis card must be signed and dated by the person opposed to the\\ndissection or autopsy and must be notarized.\\n The card shall measure at least two inches by three inches and shall\\nbe made of a cardboard based material. The card shall state:\\n \"I, ............................................................,\\n (insert the name of the person opposed to dissection or autopsy)\\ndo not consent to the dissection or autopsy of my body except as is\\nrequired by law.\"\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4210", "title" : "Deceased persons; right to dissect", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2017-08-25", "2018-02-23" ], "docLevelId" : "4210", "activeDate" : "2018-02-23", "sequenceNo" : 1712, "repealedDate" : null, "fromSection" : "4210", "toSection" : "4210", "text" : " § 4210. Deceased persons; right to dissect. The right to dissect the\\nbody of a deceased person exists in the following cases:\\n 1. In the cases prescribed by special statutes; or,\\n 2. When the dissection is performed by or at the direction of (a) a\\ncoroner who is a physician licensed to practice medicine in this state,\\nor (b) a coroner's physician, or (c) a medical examiner of a county, or\\nis performed at the direction jointly of a coroner and coroner's\\nphysician, and is performed in the course of an investigation within the\\njurisdiction of the officer performing or directing the dissection, or\\nis performed upon the written request of a district attorney, or\\nsheriff, or the chief of a police department of a city or county, or the\\nsuperintendent of state police.\\n The commissioner shall adopt regulations to establish standard autopsy\\nprotocols for any person under the age of one year who dies under\\ncircumstances in which death is not anticipated by medical history or\\nthe cause is unknown. Such regulations and autopsy protocols shall\\ninclude but not be limited to (i) requirements for the performance of\\nsuch autopsies, subject to the limitations provided for in section\\nforty-two hundred ten-c of this title, and (ii) delineation of specific,\\nstandardized methods for such autopsies. In developing and implementing\\nsuch regulations and protocols, the commissioner shall consult with\\nhealth professionals, families and other persons participating in the\\nimplementation of the sudden infant death syndrome program authorized\\npursuant to section twenty-five hundred-b of this chapter and at a\\nminimum shall consult with an epidemiologist, a forensic pathologist, a\\npediatric pathologist, a medical examiner, a county coroner and a\\npediatrician with expertise in sudden infant death syndrome; or,\\n 2-a. Where a person dies while under care or treatment at a general\\nhospital (as defined by subdivision ten of section twenty-eight hundred\\none of this chapter) or while recovering from such care or treatment,\\nany autopsy report for such person shall be made available, by the\\ncoroner or medical examiner under whose jurisdiction the autopsy was\\nperformed, in a timely manner, to the hospital, for the purpose of\\nongoing performance improvement of such hospital, including for the\\npurposes of sections twenty-eight hundred five-j and twenty-eight\\nhundred five-k of this chapter. All such reports in the possession of a\\nhospital shall be subject to the provisions of section twenty-eight\\nhundred five-m of this chapter.\\n 3. Whenever and so far as the husband, wife or next of kin of the\\ndeceased, being charged by law with the duty of burial, (a) may\\nauthorize dissection for the sole purpose of ascertaining the cause of\\ndeath, or (b) may authorize dissection for any other purpose by written\\ninstrument which shall specify the purpose and extent of the dissection\\nso authorized, and when a dissection is so authorized pursuant to this\\nsubdivision the person authorizing the dissection also may designate a\\nphysician licensed in any state or country to observe such dissection.\\nIf the deceased has upon his person an identification card indicating\\nhis opposition to the dissection or autopsy of his body no such\\ndissection or autopsy shall be performed except as required by law; or,\\n 4. Whenever any district attorney in this state, in the discharge of\\nhis official duties, shall deem it necessary, he may exhume, take\\npossession of, and remove the body of a deceased person, or any portion\\nthereof, and submit the same to a proper physical or chemical\\nexamination, or analysis, to ascertain the cause of death, and the same\\nshall be made on the order of any justice of the supreme court of this\\nstate, or the county judge of the county in which such dead body shall\\nbe, which order shall be made on the application of the district\\nattorney with or without notice to the relatives of the deceased person\\nor to any person or corporation having the legal charge of such body, as\\nthe court may direct. Said district attorney shall have power to direct\\nany police officer or peace officer, acting pursuant to his special\\nduties, of this state, or to employ such person, or persons as he may\\ndeem necessary to assist him in exhuming, removing, obtaining possession\\nof and examining physically or chemically such dead body or any portion\\nthereof. The expense therefor shall be a county charge, to be paid by\\nthe county treasurer on the certificate of the district attorney.\\n 5. When an autopsy of the body is conducted of a deceased human who\\nhas epilepsy or a history of seizures it shall include an investigation\\nand determinations as to whether the deceased suffered a sudden\\nunexpected death in epilepsy. In the event the deceased did suffer a\\nsudden, unexpected death in epilepsy, such information shall be noted on\\nthe death certificate and be reported to the North American SUDEP\\nRegistry.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4210-A", "title" : "Unlawful dissection of the body of a human being", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4210-A", "activeDate" : "2014-09-22", "sequenceNo" : 1713, "repealedDate" : null, "fromSection" : "4210-A", "toSection" : "4210-A", "text" : " § 4210-a. Unlawful dissection of the body of a human being. A person\\nwho makes, or causes or procures to be made, any dissection of the body\\nof a human being, except by authority of law, or in pursuance of a\\npermission given by the deceased, is guilty of a class E felony.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4210-B", "title" : "Certain unauthorized autopsies", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4210-B", "activeDate" : "2014-09-22", "sequenceNo" : 1714, "repealedDate" : null, "fromSection" : "4210-B", "toSection" : "4210-B", "text" : " § 4210-b. Certain unauthorized autopsies. A person authorized by law\\nto perform a dissection or autopsy who acts in good faith in accordance\\nwith the terms of this article but is unaware of the existence of an\\nidentification card indicating the decedent's opposition to the\\ndissection or autopsy of his body after a routine examination of the\\ndecedent and his effects has been conducted shall not be subjected to\\nprosecution in any criminal proceeding nor held liable for damages in\\nany civil action for his involvement in such an unauthorized autopsy.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4210-C", "title" : "Limitations to dissection or autopsy", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4210-C", "activeDate" : "2014-09-22", "sequenceNo" : 1715, "repealedDate" : null, "fromSection" : "4210-C", "toSection" : "4210-C", "text" : " § 4210-c. Limitations to dissection or autopsy. 1. Notwithstanding any\\nother provision of law, in the absence of a compelling public necessity,\\nno dissection or autopsy shall be performed over the objection of a\\nsurviving relative or friend of the deceased that such procedure is\\ncontrary to the religious belief of the decedent, or, if there is\\notherwise reason to believe that a dissection or autopsy is contrary to\\nthe decedent's religious beliefs.\\n 2. For the purposes of this section: (a) \"compelling public necessity\"\\nshall mean:\\n (i) that the dissection or autopsy is essential to the conduct of a\\ncriminal investigation of a homicide, as defined in section 125.00 of\\nthe penal law, of which the decedent is the victim, or\\n (ii) that discovery of the cause of death is necessary to meet an\\nimmediate and substantial threat to the public health and that a\\ndissection or autopsy is essential to ascertain the cause of death, or\\n (iii) that the need for a dissection or autopsy is established in\\naccordance with subdivision five of this section.\\n (b) \"relative\" shall mean the person most closely related to the\\ndecedent by consanguinity or affinity. In the event such person is\\nunavailable, the objection may be raised on his behalf by the next most\\nclosely related person. The official who has authority to order a\\ndissection or autopsy of the decedent's body may require a relative to\\npresent an affidavit stating his relationship to the decedent, the\\nreligious affiliation of the decedent, if any, that the decedent had\\nreligious objections to an autopsy, the basis for such belief, and that\\nhe will assume responsibility for the lawful disposition of the body of\\nthe deceased.\\n (c)\"friend\" shall mean any person who, prior to the decedent's death,\\nmaintained such regular contact with the decedent as to be familiar with\\nhis activities, health and religious beliefs and who presents an\\naffidavit stating the facts and circumstances upon which the claim that\\nhe is such friend is based, the religious affiliation of the decedent,\\nif any, that the decedent had religious objections to an autopsy, the\\nbasis for such belief, and that he will assume responsibility for the\\nlawful disposition of the body of the deceased.\\n 3. All dissections or autopsies performed pursuant to this section\\nshall be the least intrusive procedure consistent with the compelling\\nstate interest as defined herein.\\n 4. Except as provided in subdivision three of section forty-two\\nhundred ten of this article, no dissection or autopsy shall be performed\\nover the objection of a surviving relative or friend that such autopsy\\nis contrary to the religious beliefs of the deceased, or where there is\\notherwise reason to believe that a dissection or autopsy is contrary to\\nthe decedent's religious beliefs, until notice thereof is given to the\\nnext of kin or friend as defined herein, or until forty-eight hours have\\nelapsed, whichever is greater, to permit an objecting party to institute\\nlegal proceedings to determine the propriety of such dissection or\\nautopsy; provided, however, that a court upon ex parte motion may\\ndispense with the waiting period if it determines that such delay may\\nprejudice the accuracy of the autopsy or dissection or if the objecting\\nparty is a suspect in the homicide.\\n 5. Whenever any coroner or medical examiner shall deem it necessary to\\nperform an autopsy over the objection of a surviving relative or friend\\nthat such autopsy is contrary to the religious beliefs of the deceased,\\nor where there is otherwise reason to believe that a dissection or\\nautopsy is contrary to the decedent's religious beliefs, in\\ncircumstances not provided for in subparagraphs (i) and (ii) of\\nparagraph (a) of subdivision two of this section, he may institute a\\nspecial proceeding, without fee, in the supreme court or county court\\nfor an order authorizing such autopsy. Such proceeding shall be\\ninstituted as soon as practicable, brought on by an order to show cause\\non notice to the next of kin or friend, or if none is known to the\\npetitioner, then to such party as the court may direct, returnable at\\nthe earliest possible time. The proceeding shall have preference over\\nall other cases in the court and shall be determined summarily upon the\\npetition and such oral or written proof as may be offered by the\\nparties. The court shall grant the relief sought in the petition if it\\nfinds that the petitioner had established a demonstrable need for such\\nautopsy or dissection under all circumstances of the case. If the\\npetition is denied, and no stay is granted by the court or the appellate\\ndivision, the body shall immediately be released for burial to the\\nsurviving relative or friend.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4211", "title" : "Cadavers; unclaimed; delivery to schools for study", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2016-08-19", "2016-09-23" ], "docLevelId" : "4211", "activeDate" : "2016-09-23", "sequenceNo" : 1716, "repealedDate" : null, "fromSection" : "4211", "toSection" : "4211", "text" : " § 4211. Cadavers; unclaimed; delivery to schools for study. 1. Except\\nas hereinafter provided, and subject to the conditions specified in this\\narticle, the director or person in charge of any hospital, institution,\\nmorgue or other place for bodies of deceased persons not interred or\\notherwise finally disposed of, and every funeral director, undertaker or\\nother person having in his or her lawful possession, any body of a\\ndeceased person for keeping or burial, shall deliver every body of a\\ndeceased person in his or her possession, charge, custody or control not\\nplaced therein by any person, agency or organization for keeping, burial\\nor other lawful disposition to:\\n (a) any medical college, school or institute including chiropractic\\ncolleges registered by the regents of the university of the state of New\\nYork as maintaining a proper standard;\\n (b) any university within the state authorized by law to confer\\ndegrees of doctor of medicine or doctor of dental surgery;\\n (c) any other college or school incorporated under the laws of the\\nstate of New York for the purpose of teaching medicine, anatomy or\\nsurgery to those on whom the degree of doctor of medicine has been\\nconferred;\\n (d) any university within the state of New York having a medical\\npreparatory or medical postgraduate course of instruction; or\\n (e) any college, school or institute maintaining a mortuary science\\nprogram that has either been approved by the department or holds a\\ncertificate of accreditation from an accrediting organization recognized\\nby the department pursuant to article thirty-four of this chapter,\\nprovided, however, that such bodies remain unclaimed by any of the\\naforementioned institutions. Any college, school or institute\\nmaintaining a mortuary science program may only claim and utilize such\\nbodies for anatomical and embalming instruction purposes.\\n 2. The professors and teachers in every university, college, school or\\ninstitute hereinbefore specified may receive the body of a deceased\\nperson delivered or released to the university, college, school or\\ninstitute, as herein provided, for the purposes of medical, anatomical\\nand surgical science, anatomic embalming, and study.\\n 3. No body of a deceased person shall be delivered or released to or\\nreceived by, any university, college or school or institute.\\n (a) if, within forty-eight hours after death it is desired for\\ninterment or other lawful disposition by relatives and in the counties\\nof Oneida, Onondaga, Oswego, Madison and Cortland, by relatives or\\nfriends, or,\\n (b) if prior to his or her death, the person shall have expressed a\\ndesire that his or her body be interred or otherwise lawfully disposed\\nof, is carrying an identification card upon his or her person indicating\\nhis or her opposition to the dissection or autopsy of his or her body,\\nor,\\n (c) if the deceased person is known to have a relative whose place of\\nresidence is known or can be ascertained after reasonable and diligent\\ninquiry.\\n 3-a. (a) In a city having a population of one million or more, no body\\nof a deceased person shall be delivered or released to or received by,\\nany university, college, school or institute, including any mortuary\\nschool unless:\\n (i) the person authorized to consent to make an anatomical gift with\\nrespect to the decedent under article forty-three of this chapter makes\\nsuch an anatomical gift that would encompass such delivery or release;\\n (ii) the person authorized to control the disposition of such body\\nunder section forty-two hundred one of this article consents in writing\\nto the delivery and release of the body of such person to the\\nuniversity, college, school or institute for the purpose of embalming,\\ndissection or autopsy, provided that a chief fiscal officer of a county\\nor a public administrator shall not be authorized to provide such\\nconsent; or\\n (iii) the decedent has through a lawfully executed written instrument,\\nwill or trust, consented to such delivery or release;\\n (b) In no event shall such delivery or release for the purpose of\\nembalming, dissection or autopsy be authorized where the provisions of\\nsection forty-two hundred nine-a or forty-two hundred ten-c of this\\ntitle apply.\\n (c) The person or entity having possession, charge, custody or control\\nof the body of a deceased person under subdivision one of this section\\nshall have no duty to locate and/or obtain the written consent from any\\nperson under this subdivision. Additionally, a chief fiscal officer of a\\ncounty or a public administrator shall not be authorized to provide such\\nconsent. In the event that such body is not delivered or released to a\\nuniversity, college, school or institute under this section, the body\\nshall be released for burial or other lawful disposition consistent with\\nthis article and any other applicable provision of law.\\n (d) The person having lawful possession of a body under this section\\nshall not be held liable for actions taken reasonably and in good faith\\nupon delivery of a body pursuant to subparagraph (i) of paragraph (a) of\\nthis subdivision, presentation of a written consent pursuant to\\nsubparagraph (ii) of such paragraph, or a written instrument, will or\\ntrust pursuant to subparagraph (iii) of such paragraph.\\n (e) The provisions of this section shall apply notwithstanding any\\ninconsistent provision of general, special or local law.\\n 4. (a) A body of a deceased person shall not be delivered or released\\nto, or received by a university, college, school or institute, if within\\ntwenty-four hours after notice of death by the person having lawful\\npossession, charge, custody or control to the next of kin, or in the\\ncounties of Oneida, Onondaga, Oswego, Madison and Cortland to the next\\nof kin, or friend of the deceased person such next of kin or friend\\nshall claim such body for interment or other lawful disposition.\\n (b) Unless a relative or friend of the deceased person shall claim the\\nbody of the deceased person within forty-eight hours after death, or\\nwithin twenty-four hours after receipt of notice of death as provided in\\nparagraph (a) of this subdivision, the next of kin, relatives or\\nfriends, as the case may be, shall be deemed to have assented to\\ndelivery or release to, and receipt by the university, college, school\\nor institute, of such dead body.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4212", "title" : "Cadavers; unclaimed; delivery to schools; procedure", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4212", "activeDate" : "2014-09-22", "sequenceNo" : 1717, "repealedDate" : null, "fromSection" : "4212", "toSection" : "4212", "text" : " § 4212. Cadavers; unclaimed; delivery to schools; procedure. 1. (a) A\\nuniversity, college, school or institute desiring to avail itself of the\\nprovisions of section forty-two hundred eleven of this title, shall\\nnotify the person having lawful possession, charge, custody or control\\nof the body of the deceased person in the county where such university,\\ncollege, school or institute is situated and in any other county in the\\nstate in which no medical college, school, institute or university is\\nsituated, of such desire. Thereafter, the person having possession,\\ncharge, custody or control of the body of the deceased person shall\\nnotify the proper officer of the university, college, school or\\ninstitute whenever there is any such dead body in his or her possession,\\ncharge, custody or control which may be delivered or released to and\\nreceived by such university, college, school or institute, and he or she\\nshall deliver or release same to such university, college, school or\\ninstitute.\\n (b) Except as provided in section forty-two hundred ten of this title,\\nno autopsy or dissection shall be performed on any such unclaimed dead\\nbody by any such person having possession, charge, custody or control of\\nsuch body prior to the expiration of the fourth day after such\\nnotification or where such notification is made by mail prior to the\\nexpiration of the eighth day after such notification is postmarked.\\n 2. It shall be the duty of the person having lawful possession,\\ncharge, custody or control of bodies of deceased persons, to keep a\\nrecord in a bound book or an electronic log of any and all bodies of\\ndeceased persons thereafter coming into his or her possession, charge,\\ncustody or control and of the disposition made of said bodies, showing\\n(a) the name of the deceased person, if known, (b) the dates of death\\nand burial or other lawful disposition, if known, (c) the names and\\nplaces of residence of relatives of the deceased person, if known, (d)\\nthe name of the person who claimed the body of the deceased person for\\ninterment or other lawful disposition, (e) the name of the university,\\ncollege, school or institute to whom the body of the deceased person was\\ndelivered or released, and (f) the opposition of the deceased to the\\ndissection or autopsy of his or her body as indicated by an\\nidentification card carried upon his or her person. This record book or\\nelectronic log shall be open to the inspection of the officers and\\nagents of universities, colleges, schools or institutes entitled to\\nreceive bodies of deceased persons. Any electronic log kept pursuant to\\nthis subdivision shall preserve a record of any addition, deletion or\\nchange made in such log.\\n 3. If two or more universities, colleges, schools or institutes are\\nentitled to receive bodies of deceased persons under the provisions of\\nthis article and shall be given notice as herein provided, they shall\\nreceive the same in proportion to the number of matriculated students in\\neach university, college, school or institute who are pursuing courses\\nof study in anatomy and surgery at the time of making the apportionment.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4213", "title" : "Cadavers; delivery to relatives or friends", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4213", "activeDate" : "2014-09-22", "sequenceNo" : 1718, "repealedDate" : null, "fromSection" : "4213", "toSection" : "4213", "text" : " § 4213. Cadavers; delivery to relatives or friends. 1. In the counties\\nof Oneida, Onondaga, Oswego, Madison and Cortland, a friend who claims\\nthe body of a deceased person for interment or other disposition may be\\nrequired by the person having lawful possession, charge, custody or\\ncontrol of it to present an affidavit stating (a) that such claimant is\\na friend; (b) the facts and circumstances upon which the claim that he\\nis such friend is based; and (c), that he will bear the expense of such\\ninterment or other lawful disposition. If such claimant shall refuse to\\nmake such affidavit the body shall not be delivered to him but he shall\\nforfeit his claim and right to same. The expense of such affidavit, if\\nrequired, shall be paid by the person requiring the affidavit.\\n 2. If the body of a deceased person is claimed for interment or other\\nlawful disposition by a relative and in the counties of Oneida,\\nOnondaga, Oswego, Madison and Cortland a relative or friend after\\ndelivery or release to, and receipt by a university, college, school or\\ninstitute, same shall be given up and released to such relative or\\nfriend.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4214", "title" : "Cadavers; autopsy by order of hospital authorities", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4214", "activeDate" : "2014-09-22", "sequenceNo" : 1719, "repealedDate" : null, "fromSection" : "4214", "toSection" : "4214", "text" : " § 4214. Cadavers; autopsy by order of hospital authorities. 1. The\\ndirector or person having lawful control and management of any hospital\\nin which a patient has died may order the performance of an autopsy upon\\nthe body of such deceased person, after first giving notice of the death\\nto the next of kin of such person, unless the body is claimed or\\nobjection is made to such autopsy by the next of kin within forty-eight\\nhours after death, or within twenty-four hours after such notice of\\ndeath. In no case shall an autopsy or dissection be performed upon any\\nbody within forty-eight hours after death, unless a written consent or\\ndirective therefor has been received from the person or persons legally\\nentitled to consent to or order such autopsy or dissection. Except as\\nrequired by law, no dissection or autopsy shall be performed on the body\\nof any person who is carrying an identification card upon his person\\nindicating his opposition to such dissection or autopsy.\\n 2. In the case of an unclaimed body of a deceased person, the medical\\ncolleges, schools, institutes and universities shall have a priority\\nclaim to the said body, for the purposes of medical, anatomical or\\nsurgical science and study as provided in this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4215", "title" : "Cadavers; burial after autopsy and dissection", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4215", "activeDate" : "2014-09-22", "sequenceNo" : 1720, "repealedDate" : null, "fromSection" : "4215", "toSection" : "4215", "text" : " § 4215. Cadavers; burial after autopsy and dissection. 1. In all cases\\nin which a dissection has been made, the provisions of this article,\\nrequiring the burial or other lawful disposition of a body of a deceased\\nperson, and the provisions of law providing for the punishment of\\ninterference with or injuries to it, apply equally to the remains of the\\nbody after dissection as soon as the lawful purposes of such dissection\\nhave been accomplished.\\n 2. In all cases in which an autopsy or dissection has been made of an\\nunclaimed body, the provisions of this article requiring the burial or\\nother lawful disposition of the body of a deceased person and punishing,\\ninterference with or injuries to it, shall apply equally to the remains\\nof such body as soon as the lawful purposes of such autopsy or\\ndissection have been accomplished, except that the persons having\\npossession of the body may, in their discretion, cause it to be either\\nburied or cremated, or may retain parts of such body for scientific\\npurposes.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4216", "title" : "Body stealing", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4216", "activeDate" : "2014-09-22", "sequenceNo" : 1721, "repealedDate" : null, "fromSection" : "4216", "toSection" : "4216", "text" : " § 4216. Body stealing. A person who removes the dead body of a human\\nbeing, or any tissue, organ or part thereof from a grave, vault, or\\nother place, where the same has been buried, or from a place where the\\nsame has been deposited while awaiting burial, without authority of law,\\nwith intent to sell the same, or for the purpose of dissection, or for\\nthe purpose of procuring a reward for the return of the same, or from\\nmalice or wantonness, is guilty of a class D felony.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4217", "title" : "Receiving stolen body of a human being", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4217", "activeDate" : "2014-09-22", "sequenceNo" : 1722, "repealedDate" : null, "fromSection" : "4217", "toSection" : "4217", "text" : " § 4217. Receiving stolen body of a human being. A person who\\npurchases, or receives except for the purpose of burial, the dead body\\nof a human being, or any tissue, organ, or part thereof, knowing that\\nthe same has been removed contrary to section forty-two hundred sixteen\\nof this title, is guilty of a misdemeanor.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4218", "title" : "Opening graves", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4218", "activeDate" : "2014-09-22", "sequenceNo" : 1723, "repealedDate" : null, "fromSection" : "4218", "toSection" : "4218", "text" : " § 4218. Opening graves. A person who opens a grave or other place of\\ninterment, temporary or otherwise, or a building wherein the dead body\\nof a human being is deposited while awaiting burial, without authority\\nof law, with intent to remove the body, or any tissue, organ or part\\nthereof, for the purpose of selling it or demanding money for the same,\\nor for the purpose of dissection, or from malice or wantonness, or with\\nintent to steal or remove the coffin or any part thereof, or anything\\nattached thereto, or any vestment, or other article interred, or\\nintended to be interred with the dead body, is guilty of a class D\\nfelony.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4219", "title" : "Arresting or attaching a dead body of a human being", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4219", "activeDate" : "2014-09-22", "sequenceNo" : 1724, "repealedDate" : null, "fromSection" : "4219", "toSection" : "4219", "text" : " § 4219. Arresting or attaching a dead body of a human being. A person\\nwho arrests or attaches the dead body of a human being upon any debt or\\ndemand whatever, or detains or claims to detain it for any debt or\\ndemand, or upon any pretended lien or charge, is guilty of a\\nmisdemeanor.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4220", "title" : "Disturbing funerals", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4220", "activeDate" : "2014-09-22", "sequenceNo" : 1725, "repealedDate" : null, "fromSection" : "4220", "toSection" : "4220", "text" : " § 4220. Disturbing funerals. A person who, without authority of law,\\nobstructs or detains any persons engaged in carrying or accompanying the\\ndead body of a human being to a place of burial, is guilty of a\\nmisdemeanor.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4221", "title" : "Removal of eyes and/or parts thereof after death", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4221", "activeDate" : "2014-09-22", "sequenceNo" : 1726, "repealedDate" : null, "fromSection" : "4221", "toSection" : "4221", "text" : " § 4221. Removal of eyes and/or parts thereof after death. If any\\ndonation, authorization or consent made pursuant to section forty-three\\nhundred three of this article or dissection made pursuant to subdivision\\nthree of section forty-two hundred ten of this article relates to the\\nremoval of a deceased person's eyes and/or parts thereof, the individual\\nor agency authorized to remove such eyes and/or parts thereof may permit\\nsuch removal to be made by a medical student, technician or nurse.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4222", "title" : "Removal of corneal tissue for transplant and pituitary gland tissue for the extraction of growth hormone", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4222", "activeDate" : "2014-09-22", "sequenceNo" : 1727, "repealedDate" : null, "fromSection" : "4222", "toSection" : "4222", "text" : " § 4222. Removal of corneal tissue for transplant and pituitary gland\\ntissue for the extraction of growth hormone. 1. Upon request from a\\ngeneral hospital or medical center for corneal tissue for transplant or\\npituitary gland tissue for extraction of growth hormone, the coroner or\\nmedical examiner may then request or authorize an agent to request from\\nthe authorized person under the conditions established in subdivision\\ntwo of section forty-three hundred one of this chapter, the\\nauthorization, which may be oral or written according to law, to perform\\nthe removal. Upon receiving such authorization, the coroner or medical\\nexaminer shall authorize the supply of such corneal tissue or pituitary\\ngland tissue upon the following conditions:\\n a. The body of the decedent is under the jurisdiction of the coroner\\nor medical examiner authorizing the removal of the corneal tissue or\\npituitary gland tissue.\\n b. Such removal does not conflict with decedent's religious or other\\nviews.\\n c. The removal of the cornea for transplant or the pituitary gland for\\nextraction of growth hormone will not interfere with the subsequent\\ncourse of an investigation or autopsy.\\n d. The removal of the corneal tissue or the pituitary gland tissue\\nwill not alter the post mortem facial appearance of the decedent.\\n 2. The coroner or medical examiner authorizing the removal of corneal\\ntissue or the pituitary gland tissue pursuant to the provisions of this\\nsection shall not be held liable in a civil action for damages by any\\nperson specified by subdivision two of section forty-three hundred one\\nof this chapter, for such removal where after the exercise of due\\ndiligence such coroner or medical examiner obtained authorization from\\nany person specified by subdivision two of section forty-three hundred\\none of this chapter.\\n 3. Except where an anatomical gift has previously been requested or\\nauthorized, upon the request of a tissue bank or storage facility as\\ndefined in section forty-three hundred of this chapter, the coroner or\\nmedical examiner may then provide the name of the decedent under his\\njurisdiction and the name of the decedent's spouse or other persons\\nauthorized to execute an anatomical gift in accordance with the\\nprovisions of section forty-three hundred one of this chapter.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 18 }, "repealed" : false } ], "size" : 2 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A43", "title" : "Anatomical Gifts", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22", "2018-05-25", "2020-01-03" ], "docLevelId" : "43", "activeDate" : "2018-05-25", "sequenceNo" : 1728, "repealedDate" : null, "fromSection" : "4300", "toSection" : "4310", "text" : " ARTICLE 43\\n ANATOMICAL GIFTS\\nSection 4300. Definitions.\\n 4301. Persons who may execute an anatomical gift.\\n 4302. Persons who may become donees and purposes for which\\n anatomical gifts may be made.\\n 4303. Manner of executing anatomical gifts.\\n 4304. Delivery of document of gift.\\n 4305. Revocation of the gift.\\n 4306. Rights and duties at death.\\n 4307. Prohibition of sales and purchases of human organs.\\n 4308. Prohibition on charging a fee to a donor's estate.\\n 4309. Application.\\n 4310. New York state donate life registry for organ, eye and\\n tissue donations.\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4300", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2020-01-03", "2020-04-24" ], "docLevelId" : "4300", "activeDate" : "2014-09-22", "sequenceNo" : 1729, "repealedDate" : null, "fromSection" : "4300", "toSection" : "4300", "text" : " § 4300. Definitions. As used in this section, the following terms\\nshall have the following meanings:\\n 1. \"Bank or storage facility\" means a hospital, laboratory or other\\nfacility licensed or approved under the laws of any state for storage of\\nhuman bodies or parts thereof, for use in medical education, research,\\ntherapy, or transplantation to individuals.\\n 2. \"Decedent\" means a deceased individual of any age and includes a\\nstillborn infant or fetus.\\n 3. \"Donor\" means an individual who makes a gift of all or part of his\\nbody.\\n 4. \"Hospital\" means a hospital licensed, accredited, or approved under\\nthe laws of any state and includes a hospital operated by the United\\nStates Government, a state, or a subdivision thereof, although not\\nrequired to be licensed under state laws.\\n 5. \"Part\" of a body includes organs, tissues, eyes, bones, arteries,\\nblood, other fluids and other portions of a human body, and \"part\"\\nincludes \"parts\"\\n 6. \"Person\" means an individual, corporation, government or\\ngovernmental subdivision or agency, business trust, estate, trust,\\npartnership or association, or any other legal entity.\\n 7. \"Physician\" or \"surgeon\" means a physician or surgeon licensed or\\nauthorized to practice under the laws of any state.\\n 8. \"State\" includes any state, district, commonwealth, territory,\\ninsular possession, and any other area subject to the legislative\\nauthority of the United States of America.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4301", "title" : "Persons who may execute an anatomical gift", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2016-08-19", "2017-02-17", "2020-01-03", "2020-04-24", "2020-06-26", "2025-11-28", "2026-01-09", "2026-02-20", "2026-05-22" ], "docLevelId" : "4301", "activeDate" : "2017-02-17", "sequenceNo" : 1730, "repealedDate" : null, "fromSection" : "4301", "toSection" : "4301", "text" : " § 4301. Persons who may execute an anatomical gift. 1. (a) Any\\nindividual of sound mind and eighteen years of age or more may give all\\nor any part of his or her body for any purpose specified in section\\nforty-three hundred two of this article, the gift to take effect upon\\ndeath. In any case where the donor has properly executed an organ donor\\ncard, driver's license authorization to make an anatomical gift,\\npursuant to paragraph (a) of subdivision one of section five hundred\\nfour of the vehicle and traffic law, registered in the New York state\\norgan and tissue donor registry under section forty-three hundred ten of\\nthis article, or has otherwise given written authorization for organ or\\ntissue donation, authorization for donation shall not be rescinded by an\\nobjection by a member of any of the classes specified in paragraphs (a)\\nthrough (h) of subdivision two of this section, except upon a showing\\nthat the donor revoked the authorization.\\n (b) Any person who is sixteen or seventeen years of age and of sound\\nmind may give all or any part of his or her body for any purpose\\nspecified in section forty-three hundred two of this article, the gift\\nto take effect upon death. In any case where the donor has properly\\nexecuted an organ donor card, driver's license authorization to make an\\nanatomical gift, pursuant to paragraph (a) of subdivision one of section\\nfive hundred four of the vehicle and traffic law, or has otherwise given\\nwritten authorization for organ or tissue donation, notice of such gift\\nshall be provided to the donor's parents or legal guardians, and\\nauthorization for donation may be rescinded or amended by an objection\\nby a parent or legal guardian of the donor at the time of death and\\nprior to the recovery of any organ or tissue if the donor is less than\\neighteen years of age. An anatomical gift made by an individual more\\nthan sixteen years of age but less than eighteen shall otherwise not be\\nrescinded, except upon a showing that the donor revoked the\\nauthorization. Upon the donor reaching the age of eighteen, the donor's\\nconsent to donate his or her organs or tissue shall be regarded as\\nconsent for authorization to make an anatomical gift.\\n 2. Any of the following persons, in the order of priority stated, may,\\nwhen persons in prior classes are not reasonably available, willing, and\\nable to act, at the time of death, and in the absence of actual notice\\nof contrary indications by the decedent, or actual notice of opposition\\nby a member of the same class or prior class specified in paragraph (a),\\n(b), (c), (d), (e), (f), (g) or (h) of this subdivision, or reason to\\nbelieve that an anatomical gift is contrary to the decedent's religious\\nor moral beliefs, give all or any part of the decedent's body for any\\npurpose specified in section forty-three hundred two of this article:\\n (a) the person designated as the decedent's health care agent under\\narticle twenty-nine-C of this chapter, subject to any written statement\\nin the health care proxy form,\\n (b) the person designated as the decedent's agent in a written\\ninstrument under article forty-two of this chapter, subject to any\\nwritten statement in the written instrument,\\n (c) the spouse, if not legally separated from the patient, or the\\ndomestic partner,\\n (d) a son or daughter eighteen years of age or older,\\n (e) either parent,\\n (f) a brother or sister eighteen years of age or older,\\n (g) a guardian of the person of the decedent at the time of his death,\\n (h) any other person authorized or under the obligation to dispose of\\nthe body.\\n 3. For the purposes of this section, \"reasonably available\" means that\\na person to be contacted can be contacted without undue effort and\\nwilling and able to act in a timely manner consistent with existing\\nmedical criteria necessary for the making of an anatomical gift.\\n 4. For the purposes of this section, \"domestic partner\" means a person\\nwho, with respect to another person:\\n (a) is formally a party in a domestic partnership or similar\\nrelationship with the other person, entered into pursuant to the laws of\\nthe United States or any state, local or foreign jurisdiction, or\\nregistered as the domestic partner of the person with any registry\\nmaintained by the employer of either party or any state, municipality,\\nor foreign jurisdiction; or\\n (b) is formally recognized as a beneficiary or covered person under\\nthe other person's employment benefits or health insurance; or\\n (c) is dependent or mutually interdependent on the other person for\\nsupport, as evidenced by the totality of the circumstances indicating a\\nmutual intent to be domestic partners including but not limited to:\\ncommon ownership or joint leasing of real or personal property; common\\nhouseholding, shared income or shared expenses; children in common;\\nsigns of intent to marry or become domestic partners under paragraph (a)\\nor (b) of this subdivision; or the length of the personal relationship\\nof the persons.\\n Each party to a domestic partnership shall be considered to be the\\ndomestic partner of the other party. \"Domestic partner\" shall not\\ninclude a person who is related to the other person by blood in a manner\\nthat would bar marriage to the other person in New York state. \"Domestic\\npartner\" shall also not include any person who is less than eighteen\\nyears of age or who is the adopted child of the other person or who is\\nrelated by blood in a manner that would bar marriage in New York state\\nto a person who is the lawful spouse of the other person.\\n 5. The donee shall not accept the gift under the following\\ncircumstances:\\n (a) the donee has actual notice of contrary indication by the\\ndecedent;\\n (b) where the donor has not properly executed an organ donor card,\\ndriver's license authorization to make an anatomical gift, pursuant to\\nparagraph (a) of subdivision one of section five hundred four of the\\nvehicle and traffic law, registered in the New York state organ and\\ntissue donor registry under section forty-three hundred ten of this\\narticle, or otherwise given written authorization for organ or tissue\\ndonation, or has revoked any such authorization, and the gift is opposed\\nby a person or persons in the highest priority available of the classes\\nspecified in paragraph (a), (b), (c), (d), (e), (f), (g) or (h) of\\nsubdivision two of this section; or\\n (c) the donee has reason to believe that an anatomical gift is\\ncontrary to the decedent's religious or moral beliefs.\\n 6. A gift of all or part of a body authorizes any examination\\nnecessary to assure medical acceptability of gift for the purposes\\nintended.\\n 7. The rights of the donee created by the gift are paramount to the\\nrights of others except as provided by section forty-three hundred eight\\nof this article.\\n 8. The person who documents the making, amending or revoking of an\\nanatomical gift, acting reasonably and in good faith in accordance with\\nthis article, may accept an anatomical gift under this article made by a\\nperson who represents that he or she is entitled to consent to the\\ndonation.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4302", "title" : "Persons who may become donees and purposes for which anatomical gifts may be made", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2020-01-03", "2020-04-24", "2020-06-26" ], "docLevelId" : "4302", "activeDate" : "2014-09-22", "sequenceNo" : 1731, "repealedDate" : null, "fromSection" : "4302", "toSection" : "4302", "text" : " § 4302. Persons who may become donees and purposes for which\\nanatomical gifts may be made. The following persons may become donees of\\ngifts or bodies or parts thereof for the purposes stated:\\n 1. any hospital, surgeon, or physician, for medical or dental\\neducation, research, advancement of medical or dental science, therapy,\\nor transplantation; or\\n 2. any accredited medical or dental school, college or university for\\neducation, research, advancement of medical or dental science, or\\ntherapy; or\\n 3. any bank or storage facility, for medical or dental education,\\nresearch, advancement of medical or dental science, therapy or\\ntransplantation; or\\n 4. any specific donee, for therapy or transplantation needed by him.\\n 5. an organ procurement organization meeting the requirements of\\narticle forty-three-B of this chapter.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4303", "title" : "Manner of executing anatomical gifts", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2016-07-29", "2017-10-20", "2020-01-03", "2020-06-26" ], "docLevelId" : "4303", "activeDate" : "2017-10-20", "sequenceNo" : 1732, "repealedDate" : null, "fromSection" : "4303", "toSection" : "4303", "text" : " § 4303. Manner of executing anatomical gifts. 1. A gift of all or part\\nof the body under this article may be made by will. The gift becomes\\neffective upon the death of the testator without waiting for probate. If\\nthe will is not probated, or if it is declared invalid for testamentary\\npurposes, the gift, to the extent that it has been acted upon in good\\nfaith, is nevertheless valid and effective.\\n 2. A gift of all or part of the body under this article may also be\\nmade by document other than a will. The gift becomes effective upon the\\ndeath of the donor. The document, which may be a card designed to be\\ncarried on the person, must be signed by the donor. Delivery of the\\ndocument of gift during the donor's lifetime is not necessary to make\\nthe gift valid.\\n 3. The gift may be made either to a specified donee or without\\nspecifying a donee. If the latter, the gift may be accepted by and\\nutilized under the direction of the attending physician upon or\\nfollowing death. If the gift is made to a specified donee who is not\\navailable at the time and place of death, the attending physician upon\\nor following death, in the absence of any expressed indication that the\\ndonor desired otherwise, may accept the gift as donee. The physician who\\nbecomes a donee under this subdivision shall not participate in the\\nprocedures for removing or transplanting a part.\\n 4. Subject to the prohibitions in subdivision two of section four\\nthousand three hundred six the donor may designate in his will, card or\\nother document of gift the surgeon or physician to carry out the\\nappropriate procedures. In the absence of a designation, or if the\\ndesignee is not available, the donee or other person authorized to\\naccept the gift may employ or authorize any surgeon or physician for the\\npurpose.\\n 5. Any gift by a person designated in subdivision two of section four\\nthousand three hundred one of this article shall be by a document signed\\nby him or her or made by his or her telegraphic, recorded telephonic, or\\nother recorded message. Where a gift is made under this subdivision,\\neither: (a) the donor shall indicate in the document or message that he\\nor she has no actual notice of contrary indications by the decedent and\\nno reason to believe that an anatomical gift is contrary to the\\ndecedent's religious or moral beliefs; or (b) an agent of the federally\\ndesignated organ procurement organization or of the donee shall make\\nreasonable effort to inquire of the donor or otherwise determine that\\nthe donor has no actual notice of contrary indications by the decedent\\nand no reason to believe that an anatomical gift is contrary to the\\ndecedent's religious or moral beliefs.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4304", "title" : "Delivery of document of gift", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2020-01-03", "2020-04-24" ], "docLevelId" : "4304", "activeDate" : "2014-09-22", "sequenceNo" : 1733, "repealedDate" : null, "fromSection" : "4304", "toSection" : "4304", "text" : " § 4304. Delivery of document of gift. If the gift is made by the donor\\nto a specified donee, the will, card or other document or an executed\\ncopy thereof, may be delivered to him to expedite the appropriate\\nprocedures immediately after death delivery is not necessary to validity\\nof the gift. The will, card or other document, or an executed copy\\nthereof, may be deposited in any hospital, bank, storage facility or\\nregistry office that accepts it for safekeeping or for facilitation of\\nprocedures after death. On request of an interested party upon or after\\nthe donor's death, the person in possession shall produce the document\\nfor examination.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4305", "title" : "Revocation of the gift", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2020-01-03", "2020-04-24", "2020-06-26", "2025-11-28", "2026-01-09", "2026-02-20", "2026-05-22" ], "docLevelId" : "4305", "activeDate" : "2014-09-22", "sequenceNo" : 1734, "repealedDate" : null, "fromSection" : "4305", "toSection" : "4305", "text" : " § 4305. Revocation of the gift. 1. If the will, card, or other\\ndocument or executed copy thereof has been delivered to a specified\\ndonee, the donor may amend or revoke the gift by:\\n (a) the execution and delivery to the donee of a signed statement, or\\n (b) an oral statement of revocation made in the presence of two\\npersons, communicated to the donee, or\\n (c) a statement during a terminal illness or injury addressed to an\\nattending physician and communicated to the donee, or\\n (d) a signed card or document, found on his person or in his effects.\\n 2. Any document of gift which has not been delivered to the donee may\\nbe revoked in the manner set out in subdivision one of this section or\\nby destruction, cancellation, or mutilation of the document and all\\nexecuted copies thereof.\\n 3. Any gift made by a will may be revoked or amended in the manner\\nprovided for revocation or amendment of wills or as provided in\\nsubdivision one of this section.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4306", "title" : "Rights and duties at death", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2020-01-03", "2020-04-24" ], "docLevelId" : "4306", "activeDate" : "2014-09-22", "sequenceNo" : 1735, "repealedDate" : null, "fromSection" : "4306", "toSection" : "4306", "text" : " § 4306. Rights and duties at death. 1. The donee may accept or reject\\nthe gift. If the donee accepts a gift of the entire body, he may,\\nsubject to the terms of the gift, authorize embalming and the use of the\\nbody in funeral services. If the gift is of a part of the body, the\\ndonee upon the death of the donor and prior to embalming, may cause the\\npart to be removed without unnecessary mutilation. After removal of the\\npart, custody of the remainder of the body vests in the surviving\\nspouse, next of kin, or other persons under obligation to dispose of the\\nbody.\\n 2. When a donor is determined dead based on irreversible cessation of\\ncirculatory and respiratory functions, the time of death shall be\\ncertified by a physician. Such physician may not participate in the\\nprocedure to remove or transplant the body part. In all other cases the\\ntime of death shall be certified by the physician who attends the donor\\nat his death and one other physician, neither of whom shall participate\\nin the procedure for removing or transplanting the part.\\n 3. A person who acts in good faith in accord with the terms of this\\narticle or with the anatomical gift laws of another state is not liable\\nfor damages in any civil action or subject to prosecution in any\\ncriminal proceeding for his act.\\n 4. At the time of acceptance of the gift, when it is known that the\\ndonation will be used for other than transplantation purposes, the donee\\nif requested by the donor or the donor's next of kin shall advise the\\ndonor or the donor's next of kin of the body parts to be utilized, the\\nuses to which the body parts may be put, whether body parts may be\\ntransferred to other facilities or institutions and plans for the\\nultimate disposition of all body parts if the donor has not specified\\nthe ultimate disposition.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4307", "title" : "Prohibition of sales and purchases of human organs", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2020-01-03", "2020-01-10", "2020-04-24" ], "docLevelId" : "4307", "activeDate" : "2014-09-22", "sequenceNo" : 1736, "repealedDate" : null, "fromSection" : "4307", "toSection" : "4307", "text" : " § 4307. Prohibition of sales and purchases of human organs. 1. It\\nshall be unlawful for any person to knowingly acquire, receive, or\\notherwise transfer for valuable consideration any human organ for use in\\nhuman transplantation. The term human organ means the human kidney,\\nliver, heart, lung, bone marrow, and any other human organ or tissue as\\nmay be designated by the commissioner but shall exclude blood. The term\\n\"valuable consideration\" does not include the reasonable payments\\nassociated with the removal, transportation, implantation, processing,\\npreservation, quality control, and storage of a human organ or the\\nexpenses of travel, housing, and lost wages incurred by the donor of a\\nhuman organ in connection with the donation of the organ. Any person who\\nviolates this section shall be guilty of a class E felony.\\n 2. For the purposes of this section, the donation of a kidney or other\\norgan from a live donor for transplantation into an individual\\nconditioned upon the donation and transplantation of a similar organ\\ninto an individual specified by the donor shall not, in and of itself,\\nbe considered to be \"valuable consideration\" provided that such donation\\nand transplant are performed in accordance with other applicable laws,\\nrules and regulations, including any specific rules and regulations the\\ncommissioner may adopt, with the advice and consent of the transplant\\ncouncil, with respect to such conditional donations. No individual may\\nmake a donation conditioned upon the race, color, creed, national origin\\nor religious affiliation of the recipient, and no hospital, organ\\nprocurement organization, tissue bank, physician or other professional\\nmay participate in the performance of any procedure or otherwise\\nfacilitate the donation and/or transfer of organs and/or tissue\\nconditioned on such factors.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4308", "title" : "Prohibition on charging a fee to a donor's estate", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4308", "activeDate" : "2014-09-22", "sequenceNo" : 1737, "repealedDate" : null, "fromSection" : "4308", "toSection" : "4308", "text" : " § 4308. Prohibition on charging a fee to a donor's estate.\\nNotwithstanding any other provision of law, no physician, hospital or\\nother health care provider may charge the donor's estate, family or\\ninsurer for any cost incurred in testing or removing a human organ or\\ntissue from a donor and such charge shall be void and unenforceable.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4309", "title" : "Application", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4309", "activeDate" : "2014-09-22", "sequenceNo" : 1738, "repealedDate" : null, "fromSection" : "4309", "toSection" : "4309", "text" : " § 4309. Application. The provisions of this article shall not be\\ndeemed to supersede or affect the provisions of the public health law\\nrelating to the functions, powers and duties of coroners, coroner's\\nphysicians or medical examiners.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4310", "title" : "New York state donate life registry for organ, eye and tissue donations", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-11-06", "2016-05-27", "2016-07-29", "2016-08-19", "2017-01-13", "2017-02-17", "2017-10-20", "2020-08-28", "2021-09-03", "2021-12-31", "2022-03-04", "2022-12-02", "2022-12-23", "2022-12-30", "2023-03-10", "2024-06-28", "2024-07-05", "2024-12-27", "2025-01-03", "2025-05-30", "2026-01-09" ], "docLevelId" : "4310", "activeDate" : "2017-10-20", "sequenceNo" : 1739, "repealedDate" : null, "fromSection" : "4310", "toSection" : "4310", "text" : " § 4310. New York state donate life registry for organ, eye and tissue\\ndonations. 1. The department shall establish an organ, eye, and tissue\\ndonor registry, which shall be called and be referred to as the \"donate\\nlife registry\", which shall provide a means to make and register a gift\\nof organs, eyes and tissues to take place after death pursuant to this\\narticle. The donate life registry shall contain a listing of all donors\\nwho have declared their consent to make an anatomical gift.\\n 2. The commissioner may enter into a multi-year contract for the\\noperation and promotion of the donate life registry subject to such\\nterms and conditions as may be contained within such contract with a\\nnot-for-profit organization that has experience working with organ, eye\\nand tissue procurement organizations, has expertise in conducting organ,\\neye and tissue donor promotional campaigns, and is affiliated with the\\norgan, eye and tissue donation community throughout the state. The\\ncontractor may subcontract as needed for the effective performance of\\nthe contract. All such subcontractors and the terms of such subcontracts\\nshall be subject to approval by the commissioner. Any applicable state\\nagency, including, but not limited to, the department, the department of\\nmotor vehicles and the board of elections, shall cooperate in the\\ncollection and transfer of registrant data to the donate life registry.\\n 3. The duties of the contractor shall include, but not be limited to,\\nthe following:\\n (a) the development, implementation and maintenance of the donate life\\nregistry that includes online, mailed and other forms of organ, eye and\\ntissue donor registration, verification, amendment and revocation;\\n (b) preparation and submission of a plan to encourage organ, eye and\\ntissue donation through education and marketing efforts and other\\nrecommendations that would streamline and enhance the cost-effective\\noperation of the donate life registry;\\n (c) provision of written or electronic notification of registration in\\nthe donate life registry to an individual enrolling in the donate life\\nregistry; and\\n (d) preparation and submission of an annual written report to the\\ndepartment. Such report shall include:\\n (i) a performance matrix including the number of registrants on the\\ndonate life registry and an analysis of the registration rates,\\nincluding but not limited to, location, method of registration,\\ndemographic, and state comparisons;\\n (ii) the characteristics of registrants as determined from the donate\\nlife registry information;\\n (iii) the annual dollar amount of voluntary contributions received by\\nthe contractor for the purposes of maintaining the donate life registry\\nand/or educational and promotional campaigns and initiatives;\\n (iv) a description of the promotional campaigns and initiatives\\nimplemented during the year; and\\n (v) accounting statements of expenditures for the purposes of\\nmaintaining the donate life registry and promotional campaigns and\\ninitiatives.\\n 4. (a) For the period April first, two thousand fourteen through March\\nthirty-first, two thousand fifteen, payments to the contractor shall be\\npaid by the department.\\n (b) For the period beginning April first, two thousand fifteen and\\nthereafter, payments to the contractor shall be paid by the department\\nfrom funds available for these purposes, including, but not limited to,\\nthe funds deposited into the life pass it on trust fund pursuant to\\nsection ninety-five-d of the state finance law.\\n (c) In addition, the contractor may receive and use voluntary\\ncontributions.\\n 5. (a) Such organ, eye and tissue registration of consent to make an\\nanatomical gift can be made through: (i) indication made on the\\napplication or renewal form of a driver's license, (ii) indication made\\non a non-driver identification card application or renewal form, (iii)\\nindication made on a voter registration form pursuant to subdivision\\nfive of section 5-210 of the election law, (iv) indication made on the\\napplication for health care coverage offered through the state health\\nbenefit exchange, (v) enrollment through the donate life registry\\nwebsite, (vi) paper enrollment submitted to the donate life registry, or\\n(vii) through any other method identified by the commissioner. The\\ndepartment shall establish a means by which to register the consent\\ngiven by individuals who are sixteen or seventeen years of age in the\\ndonate life registry, and shall make registration available by any of\\nthe methods provided in subparagraphs (i), (ii), (iii), (iv), (v) and\\n(vi) of this paragraph.\\n (b) (i) Where required by law for registration forms described in\\nsubparagraphs (i), (ii) and (iv) of paragraph (a) of this subdivision,\\nthe commissioner shall ensure that space is provided on any registration\\nform so that the applicant shall register or decline registration in the\\ndonate life registry for organ, eye and tissue donations under this\\nsection and that the following is stated on the form in clear and\\nconspicuous type:\\n \"You must fill out the following section: Would you like to be added\\nto the Donate Life Registry? Check box for 'yes' or 'skip this\\nquestion'.\"\\n (ii) The commissioner shall not maintain records of any person who\\nchecks \"skip this question\". Except where the application is made in\\nperson or electronically, failure to check a box shall not impair the\\nvalidity of an application, and failure to check \"yes\" or checking \"skip\\nthis question\" shall not be construed to imply a wish not to donate. In\\nthe case of an applicant under eighteen years of age, checking \"yes\"\\nshall not constitute consent to make an anatomical gift or registration\\nin the donate life registry, except as otherwise provided pursuant to\\nthe provisions of paragraph (b) of subdivision one of section\\nforty-three hundred one of this article. Where an applicant has\\npreviously consented to make an anatomical gift or registered in the\\ndonate life registry, checking \"skip this question\" or failing to check\\na box shall not impair that consent or registration.\\n (c) Enrollment or amendment or revocation through the donate life\\nregistry website through any of the means listed in this subdivision may\\nbe signed by electronic signature, in accordance with the provisions of\\narticle three of the state technology law, supported by the use of\\nsuitable mechanisms including unique identifiers to provide confidence\\nin the identity of the person providing the electronic signature. The\\nregistration shall take effect upon the provision of written or\\nelectronic notice of the registration to the individual enrolling in the\\ndonate life registry.\\n (d) Amendments or revocations from the donate life registry shall be\\nmade by the following, subject to the requirements of the commissioner:\\n (i) registrants submitting an amendment or revocation in writing to\\nthe donate life registry; or\\n (ii) registrants submitting an amendment or revocation electronically\\nthrough the donate life registry website.\\n (e) Removal from the donate life registry shall not be deemed a\\nrefusal of any other or future anatomical gift.\\n (f) The donate life registry shall provide individuals enrolled the\\nopportunity to specify which organs, eyes and tissues they want to\\ndonate and if the donation may be used for transplantation, research, or\\nboth.\\n 6. An individual registered in the donate life registry before July\\ntwenty-third, two thousand eight shall be deemed to have expressed\\nintent to donate, until and unless he or she files an amendment to his\\nor her registration or a new registration expressing consent to donate.\\n 7. (a) The donate life registry shall be maintained in a manner that\\nallows immediate access to organ, eye and tissue donation records\\ntwenty-four hours a day, seven days a week to the contractor, the\\ndepartment, federally designated organ procurement organizations,\\nlicensed eye and tissue banks, and such other entities which may be\\napproved by the department for access. Access shall be available to\\nregistrants to confirm the accuracy and validity of their registration\\nand to amend or revoke their registration, subject to reasonable\\nprocedures to verify identity.\\n (b) Access to the donate life registry shall have security measures\\nset forth in the contract to protect the integrity of the identifiable\\ndata in the donate life registry, which may only be accessed by the\\nparties described in paragraph (a) of this subdivision and only for the\\npurposes of determining donor status at or near the time of death of an\\nindividual, by the department for any purpose, by the contractor only\\nfor purposes of quality assessment and improvement, technical support\\nand donor services, or by individual registrants for the purposes of\\nconfirming the accuracy and validity of their registration or making,\\namending or revoking their registration.\\n (c) De-identified information may be accessed by the entities listed\\nin paragraph (a) of this subdivision or their designees for purposes of\\nanalysis, promotion, education, quality improvement and technical\\nsupport for the donate life registry. The information contained in the\\nregistry shall not be released to any person except as expressly\\nauthorized by this section, solely for the purposes so authorized.\\n 8. The commissioner is authorized to promulgate rules and regulations\\nnecessary to implement the provisions of this section.\\n 9. An interagency work group, composed of the commissioner, the\\ncommissioner of the department of motor vehicles, a chair of the board\\nof elections, or their designees, and such other individuals as may be\\ndesignated by the commissioner, shall be established to meet with the\\ncontractor annually and as needed to review the status of the donate\\nlife registry, to examine the steps that might be taken by state\\nagencies to enhance its performance and to make recommendations to the\\ncontractor.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 11 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A43-A", "title" : "Request For Consent to an Anatomical Gift", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22", "2020-01-03", "2020-04-24", "2020-06-26", "2025-09-12" ], "docLevelId" : "43-A", "activeDate" : "2014-09-22", "sequenceNo" : 1740, "repealedDate" : null, "fromSection" : "4351", "toSection" : "4351", "text" : " ARTICLE 43-A\\n REQUEST FOR CONSENT TO AN ANATOMICAL GIFT\\nSection 4351. Duties of hospital administrators, organ procurement\\n organizations, eye banks and tissue banks.\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4351", "title" : "Duties of hospital administrators, organ procurement organizations, eye banks and tissue banks", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2020-01-03", "2020-04-24", "2020-06-26" ], "docLevelId" : "4351", "activeDate" : "2014-09-22", "sequenceNo" : 1741, "repealedDate" : null, "fromSection" : "4351", "toSection" : "4351", "text" : " § 4351. Duties of hospital administrators, organ procurement\\norganizations, eye banks and tissue banks. 1. (a) When the death of a\\nperson in a hospital has occurred or is imminent, the hospital shall\\ncontact the federally designated organ procurement organization in order\\nto make a preliminary determination of the suitability of the person for\\norgan donation, except where not required by paragraph (c) of this\\nsubdivision.\\n (b) Where contact with the federally designated organ procurement\\norganization is not required under criteria developed regionally by the\\nfederally designated organ procurement organization subject to the\\napproval of such criteria by the department, the hospital shall contact\\nthe appropriate eye bank or tissue bank, except where not required by\\nparagraph (c) of this subdivision.\\n (c) The federally designated organ procurement organization, in\\nconsultation with the tissue procurement providers, may issue criteria\\nunder which a hospital shall not be required to make the contact under\\nthis subdivision.\\n (d) All hospitals shall select at least one eye bank or tissue bank\\nfor the procurement of tissue, as defined in section forty-three hundred\\nsixty of this chapter. A hospital shall notify the federally designated\\norgan procurement organization of its choice of tissue procurement\\nproviders. If a hospital selects more than one eye bank or tissue bank\\nas a procurement provider, it may specify a rotation of referrals for\\npurposes of tissue procurement.\\n 2. Where the federally designated organ procurement organization, eye\\nbank or tissue bank is contacted, it shall, in consultation with the\\nhospital, after appropriate medical screening (which may include\\nserological testing if applicable) determine suitability for organ, eye\\nand tissue donation, as appropriate. Where a federally designated organ\\nprocurement organization is contacted, it shall contact the appropriate\\neye bank or tissue bank with respect to suitability for eye or tissue\\ndonation.\\n 3. If the federally designated organ procurement organization, eye\\nbank or tissue bank determines that organ, eye or tissue donation,\\nrespectively, is not appropriate based on established medical criteria,\\nthis shall be noted by hospital personnel on the patient's record, and\\nno further action with respect to organ, eye or tissue donation,\\nrespectively, is necessary.\\n 4. Where a patient is a suitable candidate for organ, eye or tissue\\ndonation and where the patient has not properly executed an organ donor\\ncard, driver's license authorization to make an anatomical gift,\\npursuant to paragraph (a) of subdivision one of section five hundred\\nfour of the vehicle and traffic law, registered in the New York state\\norgan and tissue registry under section forty-three hundred ten of this\\nchapter, or otherwise given written authorization for organ, eye or\\ntissue donation, the hospital or its designee shall cause a timely\\nrequest to be made to any of the following persons, in order of priority\\nstated, when persons in prior classes are not reasonably available,\\nwilling, and able to act, and in the absence of actual notice of\\ncontrary intentions by the decedent, or actual notice of opposition by a\\nperson or persons in the highest priority available of the classes\\nspecified in paragraph (a), (b), (c), (d), (e), (f) or (g) of this\\nsubdivision, or other reason to believe that an anatomic gift is\\ncontrary to the decedent's religious beliefs, to consent to the gift of\\nall or any part of the decedent's body for any purpose specified in\\narticle forty-three of this chapter:\\n (a) the person designated as the decedent's health care agent under\\narticle twenty-nine-C of this chapter, subject to any written statement\\nin the health care proxy form;\\n (b) the person designated as the decedent's agent in a written\\ninstrument under article forty-two of this chapter, subject to any\\nwritten statement in the written instrument;\\n (c) the spouse, if not legally separated from the patient, or the\\ndomestic partner;\\n (d) a son or daughter eighteen years of age or older;\\n (e) either parent;\\n (f) a brother or sister eighteen years of age or older;\\n (g) a guardian of the person of the decedent at the time of his or her\\ndeath.\\n 5. For the purposes of this section, \"reasonably available\" means that\\na person to be contacted can be contacted without undue effort and\\nwilling and able to act in a timely manner consistent with existing\\nmedical criteria necessary for the making of an anatomical gift.\\n 6. For the purposes of this section, \"domestic partner\" means a person\\nwho, with respect to another person:\\n (a) is formally a party in a domestic partnership or similar\\nrelationship with the other person, entered into pursuant to the laws of\\nthe United States or any state, local or foreign jurisdiction, or\\nregistered as the domestic partner of the person with any registry\\nmaintained by the employer of either party or any state, municipality,\\nor foreign jurisdiction; or\\n (b) is formally recognized as a beneficiary or covered person under\\nthe other person's employment benefits or health insurance; or\\n (c) is dependent or mutually interdependent on the other person for\\nsupport, as evidenced by the totality of the circumstances indicating a\\nmutual intent to be domestic partners including but not limited to:\\ncommon ownership or joint leasing of real or personal property; common\\nhouseholding, shared income or shared expenses; children in common;\\nsigns of intent to marry or become domestic partners under paragraph (a)\\nor (b) of this subdivision; or the length of the personal relationship\\nof the persons.\\n Each party to a domestic partnership shall be considered to be the\\ndomestic partner of the other party. \"Domestic partner\" shall not\\ninclude a person who is related to the other person by blood in a manner\\nthat would bar marriage to the other person in New York state. \"Domestic\\npartner\" shall also not include any person who is less than eighteen\\nyears of age or who is the adopted child of the other person or who is\\nrelated by blood in a manner that would bar marriage in New York state\\nto a person who is the lawful spouse of the other person.\\n 7. The person initiating the request shall be designated by a hospital\\nand shall be a representative of a federally designated organ\\nprocurement organization, eye bank, tissue bank, or a designated\\nrequestor. As used in this section a \"designated requestor\" shall mean a\\nperson who has completed a course provided by a federally designated\\norgan procurement organization, eye bank or tissue bank, whichever is\\napplicable, on how to approach potential donor families and request\\norgan, eye, or tissue donation.\\n 8. Any employee or agent of a federally designated organ procurement\\norganization, eye bank or tissue bank acting pursuant to this section\\nshall be held to the same standard of confidentiality as that imposed on\\nemployees of the hospital.\\n 9. The person who documents the making, amending or revoking of an\\nanatomical gift, acting reasonably and in good faith in accordance with\\nthis article, may accept an anatomical gift under this article made by a\\nperson who represents that he or she is entitled to consent to the\\ndonation.\\n 10. The provisions of subdivision three of section forty-three hundred\\nsix of this chapter shall apply to this section. To the extent\\npermissible under such subdivision, any person or organization acting\\npursuant to this section, shall be legally responsible for any negligent\\nor intentional act or omission committed by such entity or its employees\\nor agents.\\n 11. A gift made pursuant to the request required by this section shall\\nbe executed pursuant to applicable provisions of article forty-three of\\nthis chapter.\\n 12. The commissioner shall establish regulations concerning the\\ntraining of persons who may be designated to perform the request, and\\nthe procedures to be employed in making it.\\n 13. The commissioner shall establish such additional regulations as\\nare necessary for the implementation of this section.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 1 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A43-B", "title" : "Organ, Tissue and Body Parts Procurement and Storage", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22", "2020-12-04", "2023-01-06", "2023-04-07" ], "docLevelId" : "43-B", "activeDate" : "2014-09-22", "sequenceNo" : 1742, "repealedDate" : null, "fromSection" : "4360", "toSection" : "4368", "text" : " ARTICLE 43-B\\n ORGAN, TISSUE AND BODY PARTS PROCUREMENT AND STORAGE\\nSection 4360. Definitions.\\n 4361. Transplant council.\\n 4362. Organ procurement organizations.\\n 4363. Waiting lists for organs.\\n 4364. Licensure of banks and storage facilities.\\n 4365. Powers and duties of the commissioner.\\n 4366. Enforcement.\\n 4367. Separability.\\n 4368. New York state gift of life medal of honor.\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4360", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4360", "activeDate" : "2014-09-22", "sequenceNo" : 1743, "repealedDate" : null, "fromSection" : "4360", "toSection" : "4360", "text" : " § 4360. Definitions. The following words or phrases, used in this\\narticle, shall have the following meanings, unless the context otherwise\\nrequires:\\n 1. \"Bank\" or \"storage facility\" means any person or facility, which\\nprocures, stores or arranges for the storage of (a) non-transplant\\norgans, or (b) tissue for transplantation, therapy, education, research,\\nor fertilization purposes, including autologous procedures. An organ\\nprocurement organization shall not constitute a bank or storage facility\\nsolely by virtue of storing or arranging for the storage of heart\\nvalves, nor shall any person or entity which stores non-transplant\\norgans or tissues solely for the purpose of research and/or education\\nconducted by such person or entity be deemed a bank or storage facility.\\n 2. \"Controlling person\" means any person who by reason of a direct or\\nindirect ownership interest (whether of record or beneficial) has the\\nability, acting either alone or in concert with others with ownership\\ninterests, to direct or cause the direction of the management or\\npolicies of said corporation, partnership, or other entity. Neither the\\ncommissioner nor any employee of the department nor any member of a\\nlocal legislative body of a county or municipality, nor any county or\\nmunicipal official, shall, by reason of his or her official position, be\\ndeemed a controlling person of any corporation, partnership, or other\\nentity, nor shall any person who serves as an employee of any\\ncorporation, partnership, or other entity be deemed to be a controlling\\nperson of such corporation, partnership, or other entity as a result of\\nsuch position or his or her official actions in such position.\\n 3. \"Non-transplant organ\" means an organ procured for education or\\nresearch purposes.\\n 4. \"Organ\" means a human kidney, heart, heart valve, lung, pancreas,\\nliver or any other organ designated by the commissioner in regulation in\\nconsultation with the transplant council.\\n 5. \"Organ procurement organization\" or \"procurement organization\"\\nmeans a person, facility, or institution engaged in procuring organs for\\ntransplantation or therapy purposes, but does not include (a) facilities\\nor institutions which permit procurement activities to be conducted on\\ntheir premises by employees or agents of an approved organ procurement\\norganization, or (b) facilities or consortia of facilities which conduct\\ntransplantation activities in accordance with article twenty-eight of\\nthis chapter when the organ is procured through an approved organ\\nprocurement organization, licensed bank or storage facility, or a living\\ndonor. A bank or storage facility shall not constitute an organ\\nprocurement organization solely by virtue of procuring heart valves.\\n 6. \"Person\" means an individual, corporation, government or\\ngovernmental subdivision or agency other than the office of mental\\nhealth, business trust, estate trust, partnership or association, or any\\nother legal entity.\\n 7. \"Principal stockholder\" means any person who owns (whether of\\nrecord or as beneficiary), holds or has the power to vote, ten percent\\nor more of any class of securities issued by a corporation.\\n 8. \"Procure\" or \"procurement activity\" means any activity which is\\nnecessary for the procurement of organs or tissue for transplantation,\\nresearch, education, therapy, fertilization, or autologous purposes\\nincluding solicitation, retrieval, donor selection and testing, clinical\\nlaboratory testing, including typing, preservation, transportation,\\nallocation, distribution, storage, and payment activities.\\n 9. \"Service area\" means the geographic area of service approved by the\\nsecretary of health and human services, or, in the absence of such\\napproval, by the department.\\n 10. \"Tissue\" means a human eye, skin, bone, bone marrow, heart valve,\\nspermatozoon, ova, artery, vein, tendon, ligament, pituitary gland or a\\nfluid other than blood or a blood derivative.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4361", "title" : "Transplant council", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2017-06-02" ], "docLevelId" : "4361", "activeDate" : "2017-06-02", "sequenceNo" : 1744, "repealedDate" : null, "fromSection" : "4361", "toSection" : "4361", "text" : " § 4361. Transplant council. 1. There shall be created in the\\ndepartment a transplant council which shall advise and make\\nrecommendations to the commissioner on matters relating to organ\\ndonation, procurement organizations, banks, and storage facilities and\\nother issues related to the donation, procurement, storage, allocation,\\ndistribution, and transplantation of organs and tissue. The council\\nshall consist of twenty-one members of which seven, including the\\nchairperson, shall be appointed by the governor, seven by the temporary\\npresident of the senate and seven by the speaker of the assembly. The\\ntransplant council shall be composed of members of the general public,\\ntransplant recipients or donors or their family members, representatives\\nof organ procurement organizations and banks or storage facilities,\\nphysicians with expertise in organ and tissue transplantation and the\\ncare of persons with end stage disease resulting from organ failure and\\npersons with expertise in histocompatibility typing, law and ethics.\\n 2. The terms of office of members of the transplant council shall be\\nthree years, provided, however, that of the members first appointed\\nseven shall be appointed for terms which shall expire on December\\nthirty-first, nineteen hundred ninety-two, seven shall be appointed for\\nterms which shall expire on December thirty-first, nineteen hundred\\nninety-four and seven shall be appointed for terms which shall expire\\nDecember thirty-first, nineteen hundred ninety-six. Vacancies shall be\\nfilled by appointment in like manner for the unexpired term of such\\nmember.\\n 3. The transplant council shall meet as frequently as its business may\\nrequire, and at least twice in each year.\\n 4. The transplant council shall enact and from time to time may amend\\nby-laws in relation to its meetings and the transaction of its business.\\n 5. A majority of the appointed voting membership of the transplant\\ncouncil shall constitute a quorum.\\n 6. The members of the council shall receive no compensation for their\\nservices as members of the council, but each of them shall be allowed\\nthe necessary and actual expenses which are incurred in the performance\\nof his or her duties under this article.\\n 7. (a) The transplant council shall review existing federal law and\\npolicies, including federal regulations and the policies of the federal\\norgan procurement and transplantation network governing organ\\nprocurement organizations and procurement activities, and make\\nrecommendations annually to the commissioner regarding state regulation\\nof organ donation procurement organizations and activities and tissue\\nbanks and tissue procurement activities and transplantation.\\n (b) Prior to the commissioner's final approval and promulgation of\\nproposed rules and regulations relating to organ donation, procurement\\nand/or transplantation, if such rules and regulations are modified in\\nany respect, they shall be submitted to the council in accordance with\\nthe provisions of subdivision three of section forty-three hundred\\nsixty-five of this article. If the commissioner determines not to\\npromulgate or amend such proposed rules and regulations as proposed by\\nthe council, the commissioner shall provide a written explanation of\\nsuch determination to the council.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4362", "title" : "Organ procurement organizations", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4362", "activeDate" : "2014-09-22", "sequenceNo" : 1745, "repealedDate" : null, "fromSection" : "4362", "toSection" : "4362", "text" : " § 4362. Organ procurement organizations. 1. No person shall own or\\noperate an organ procurement organization that is principally located or\\noperated in New York state unless:\\n (a) the organization is currently designated by the secretary of\\nhealth and human services as an organ procurement organization; and\\n (b) the organ procurement organization is operated by a not-for-profit\\ncorporation having a board of directors which meets no less than four\\ntimes annually or is operated by a hospital and has an advisory board\\nwhich meets no less than four times annually. At least thirty percent of\\nthe members of the board of directors or advisory board shall be members\\nof the public not otherwise directly or indirectly affiliated with a\\ntransplant center or organ procurement organization, and not more than\\nfifty percent shall be surgeons or physicians. Such board of directors\\nor advisory board shall include representatives of more than one\\ntransplant center. The board of directors of an organ procurement\\norganization operated by a not-for-profit corporation or the advisory\\nboard of an organ procurement organization operated by a hospital shall\\nbe responsible for developing and adopting the written by-laws and\\npolicies that govern the operation of the organ procurement\\norganization. All such by-laws and policies for an organ procurement\\norganization operated by a hospital shall be subject to approval by the\\nboard of directors of the hospital. Written policies shall include, but\\nnot be limited to: (i) policies and procedures to educate the public and\\nhealth care professionals about organ donations; (ii) medical standards\\nfor donor screening and testing; (iii) policies and procedures for the\\ndistribution of organs; (iv) procedures to ensure fiscal accountability\\nof the organ procurement organization; and (v) policies concerning any\\narrangements or agreements that the organ procurement organization may\\nenter with tissue banks storage facilities or other organ procurement\\norganizations.\\n 2. No hospital or other facility and no physician shall permit any\\nperson to, and no person shall, procure organs for transplantation\\nunless such person has been designated in accordance with this article\\nor has been asked by a designated organ procurement organization to\\nprocure a specified organ.\\n 3. The commissioner, in consultation with the transplant council, may\\npromulgate regulations to establish standards for organ procurement\\norganizations regarding organ sharing among organ procurement\\norganizations in this state. Such standards shall include policies for\\nsera sharing or other measures to meet the needs of patients who are\\nhighly sensitized and for whom it is difficult to identify a suitable\\nkidney due to conditions such as a blood transfusion, immunization,\\nprior pregnancy or a previous failed kidney transplant.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4363", "title" : "Waiting lists for organs", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2025-10-24" ], "docLevelId" : "4363", "activeDate" : "2014-09-22", "sequenceNo" : 1746, "repealedDate" : null, "fromSection" : "4363", "toSection" : "4363", "text" : " § 4363. Waiting lists for organs. 1. All organs retrieved for\\ntransplantation in New York state shall be allocated according to\\nwaiting lists developed by the organ procurement organization in the\\nservice area in which the organ is procured, provided, however, that\\nnothing herein shall preclude the exercise of medical judgment in\\ndetermining the suitability of a proposed recipient to receive a\\nparticular organ, and provided further, however, that if an organ is\\nbrought into a service area of an organ procurement organization from\\nthe service area of another organ procurement organization, the organ\\nshall be allocated according to the waiting list developed by the organ\\nprocurement organization in the service area in which the organ is to be\\nimplanted. Nothing in this section shall prohibit:\\n (a) an individual donor from designating the recipient of an organ;\\n (b) organ sharing with other organ procurement organizations in\\naccordance with federal and state standards including standards to meet\\nthe needs of patients who are highly sensitized and for whom it is\\ndifficult to identify a suitable kidney due to conditions such as a\\nblood transfusion, immunization, prior pregnancy or a previous failed\\nkidney transplant;\\n (c) organ sharing with other organ procurement organizations in\\naccordance with organ sharing agreements approved by the commissioner.\\n 2. No organ procurement organization designated to serve any part of\\nNew York state shall place any person on a waiting list for the\\nallocation of organs for transplantation if that person is listed on any\\nother waiting list for the allocation of that organ maintained by any\\nother organ procurement organization designated to serve any part of New\\nYork state.\\n 3. No person may place his or her name on a waiting list for the\\nallocation of organs for transplantation maintained by an organ\\nprocurement organization designated to serve any part of New York state\\nif the person is listed on any other waiting list for the allocation of\\nthat organ maintained by any other organ procurement organization\\ndesignated to serve any part of New York state. Each facility performing\\ntransplant services shall inform a patient of the prohibition against\\nbeing placed on multiple waiting lists before arranging for the\\nplacement of the patient on a waiting list.\\n 4. In policies and procedures for distributing organs, no organ\\nprocurement organization shall consider or give any preference to\\npatients in a facility based upon the facility's past or present\\nprocurement performance or its past or present relationship with a donor\\nhospital.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4364", "title" : "Licensure of banks and storage facilities", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2024-12-20", "2025-03-14" ], "docLevelId" : "4364", "activeDate" : "2014-09-22", "sequenceNo" : 1747, "repealedDate" : null, "fromSection" : "4364", "toSection" : "4364", "text" : " § 4364. Licensure of banks and storage facilities. 1. No person shall\\nown or operate a bank or storage facility that conducts procurement\\nactivity in New York state unless a license has been issued pursuant to\\nthis article.\\n 2. An application for a license for a bank or storage facility shall\\ncontain the name of the operator, its officers, directors, principal\\nstockholders, and controlling persons, a description of its\\norganizational structure, the kind or kinds of procurement or storage\\nservices to be provided, the location and physical description of the\\nbank or storage facility, and such other information as the department\\nmay require.\\n 3. A license shall not be issued unless the department finds that the\\npremises, equipment, personnel, rules and by-laws, and standards of\\nservice are fit and adequate and that the bank or storage facility will\\nbe operated in the manner required by this article.\\n 4. Prior to approving an application for a license to operate a bank\\nor storage facility which procures or stores tissue for transplantation\\nor therapy purposes, the department shall consider:\\n (a) the applicant's ability to arrange for the acquisition and\\npreservation of usable donated tissue within a designated geographic\\narea of service and to arrange for the transportation of such tissue\\nwhen necessary;\\n (b) the applicant's ability to obtain effective agreements for tissue\\nprocurement with hospitals;\\n (c) the applicant's ability to conduct and participate in systematic\\nefforts, including professional and public education, to procure usable\\ntissue from potential donors;\\n (d) the applicant's ability to establish and meet quality standards\\nfor the acquisition and storage of tissue;\\n (e) the applicant's ability to arrange for the selection and testing\\nof donors and donated tissue, including the performance of donor\\nselection and required laboratory tests including typing and processing;\\n (f) the character and competence of the operator, its officers,\\ndirectors, principal stockholders and controlling persons, including the\\nquality of care provided through any health care entities operated or\\ncontrolled by such persons; and\\n (g) with respect to banks and storage facilities created after the\\neffective date of this paragraph, the existence and activities of other\\nbanks and storage facilities in the geographic area to be served by the\\napplicant.\\n 5. No hospital or other facility and no physician shall permit any\\nperson to procure tissue or non-transplant organs unless such person has\\nbeen licensed in accordance with this article, or has been asked by a\\nlicensed bank or storage facility to procure a specified tissue or\\nnon-transplant organ. No bank or storage facility shall sell or\\notherwise transfer tissue for valuable consideration. Valuable\\nconsideration shall not include reasonable costs associated with the\\nprocurement, processing, storage and distribution of tissue. Nothing\\nherein shall impair the provisions of section forty-three hundred seven\\nof this chapter.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4365", "title" : "Powers and duties of the commissioner", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2018-11-09", "2019-02-08", "2020-04-17", "2021-02-19" ], "docLevelId" : "4365", "activeDate" : "2019-02-08", "sequenceNo" : 1748, "repealedDate" : null, "fromSection" : "4365", "toSection" : "4365", "text" : " § 4365. Powers and duties of the commissioner. 1. The commissioner, in\\nconsultation with the transplant council, may promulgate regulations to\\nestablish standards for banks and storage facilities other than those\\nowned or operated by the office of mental health. Such standards may\\nprovide for the following: the organizational structure of banks and\\nstorage facilities; the geographic scope of licensed banks and storage\\nfacilities; donor selection and solicitation practices; tissue and\\nnon-transplant organ retrieval practices; transportation practices;\\nrequired clinical laboratory tests for suitable donors, recipients and\\ntissue; histocompatibility standards; allocation criteria; reporting\\nrequirements; record keeping requirements; accounting procedures; staff\\nrequirements; the content of agreements with hospitals from which\\ntissues and non-transplant organs will be procured; and the content of\\nagreements with organ procurement organizations, educational\\ninstitutions, other banks and storage facilities, and other entities\\nproviding services to banks or storage facilities in connection with the\\nprocurement, storage, and distribution of tissue and non-transplant\\norgans. The commissioner and the commissioner of mental health shall\\nenter into a cooperative agreement to establish standards for banks and\\nstorage facilities owned or operated by the office of mental health\\nwhich may include standards for donor selection and solicitation\\npractices; tissue and non-transplant organ retrieval practices;\\ntransportation practices; reporting requirements; record keeping\\nrequirements; the content of agreements with hospitals from which\\ntissues and non-transplant organs will be procured, and the content of\\nagreements with other banks and storage facilities.\\n 2. Notwithstanding any inconsistent provision of article five of this\\nchapter, the commissioner, in consultation with the transplant council,\\nmay promulgate regulations to establish quality control standards\\ngoverning tissue typing conducted by or at the request of organ\\nprocurement organizations and facilities performing transplant services.\\nSuch regulations may eliminate duplicative testing by laboratories by\\nlimiting within a service area the performance of histocompatibility\\nmatching and tissue typing services for cadaveric organ donations for\\ntransplantation in New York state.\\n 3. At least sixty days prior to the commissioner's final approval of\\nrules and regulations proposed pursuant to this article, other than\\nemergency rules and regulations, the commissioner shall submit such\\nproposed rules and regulations to the council for its review. The\\ncouncil shall review such rules and regulations and submit its\\nrecommendations to the commissioner within sixty days. The commissioner\\nshall not act in a manner inconsistent with the recommendations of the\\ncouncil without first providing to the council a written explanation of\\nthe reasons therefor.\\n 4. The commissioner may inquire into the operation of banks and\\nstorage facilities and may conduct periodic inspections of banks and\\nstorage facilities including methods, procedures, materials, staff and\\nequipment.\\n 5. Organ procurement organizations, banks, storage facilities, and\\nother persons engaged in procurement activities shall submit, in a form\\nprescribed by the department, periodic reports of procurement, storage\\nand distribution activities and such other information as the\\ncommissioner may require to carry out the provisions of this article.\\nWhere available, the commissioner shall utilize information reported by\\norgan procurement organizations to the organ procurement and\\ntransplantation network established pursuant to section three hundred\\nseventy-two of the federal public health services act.\\n 6. In consultation with the transplant council, the commissioner is\\nauthorized to establish subcategories of licenses based upon the tissue\\nand non-transplant organs to be procured or stored by banks and storage\\nfacilities and the activities to be conducted and may include different\\nstandards for each subcategory of license.\\n 7. Nothing contained within this article shall limit the authority of\\nthe council on human blood and transfusion services to adopt rules and\\nregulations concerning blood and bone marrow in accordance with article\\nthirty-one of this chapter.\\n 8. The commissioner, in cooperation and consultation with the\\ntransplant council and other interested parties, shall develop and\\ndistribute, in printed form and on the department's internet website,\\ninformational materials relating to the live donation of organs and\\ntissue, including, but not limited to:\\n (a) the benefits of live organ and tissue donation;\\n (b) the impact of the donation of organs or tissue on the donors'\\naccess to insurance and assistance;\\n (c) the reduction in federal adjusted gross income, for state personal\\nincome tax purposes, granted to living organ and tissue donors; and\\n (d) the protections and benefits granted pursuant to the living donor\\nprotection act of two thousand eighteen.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4366", "title" : "Enforcement", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4366", "activeDate" : "2014-09-22", "sequenceNo" : 1749, "repealedDate" : null, "fromSection" : "4366", "toSection" : "4366", "text" : " § 4366. Enforcement. 1. The commissioner may revoke, suspend, limit or\\nannul, a bank or storage facility license or may fine the holder thereof\\non proof that the license holder or one or more persons in its employ:\\n (a) has engaged in misrepresentation in obtaining the license or in\\nthe operation of the bank or storage facility;\\n (b) has engaged or attempted to engage in or represented itself as\\nbeing entitled to perform any procurement or storage activity not\\nauthorized in the license;\\n (c) has demonstrated incompetence or has shown recurrent errors in the\\nperformance of procurement or storage activities;\\n (d) has been convicted of a felony.\\n 2. No license shall be revoked, suspended, limited, or annulled or\\nfine imposed without an opportunity for a hearing; provided, however,\\nthat a license may be temporarily suspended without a hearing for a\\nperiod not in excess of sixty days upon notice to the license holder\\nfollowing a finding by the commissioner or his designee that the public\\nhealth, safety, or welfare is in imminent danger.\\n (a) the commissioner or his designee shall fix a time and place for\\nthe hearing;\\n (b) a copy of the charges, together with a notice of the time and\\nplace of the hearing, shall be mailed to the license holder at the\\naddress of the bank or storage facility;\\n (c) all orders or determinations hereunder shall be subject to review\\nas provided in article seventy-eight of the civil practice law and\\nrules.\\n 3. The supreme court may enjoin violations or threatened violations of\\nany provisions of this article or of the rules and regulations issued\\nthereunder. Upon request of the commissioner, the attorney general shall\\nmaintain an action in the supreme court in the name of the people of the\\nstate to enjoin any such violation.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4367", "title" : "Separability", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4367", "activeDate" : "2014-09-22", "sequenceNo" : 1750, "repealedDate" : null, "fromSection" : "4367", "toSection" : "4367", "text" : " § 4367. Separability. If any clause, sentence, paragraph, section or\\npart of this article shall be adjudged by any court of competent\\njurisdiction to be invalid, the judgment shall not affect, impair, or\\ninvalidate the remainder thereof, but shall be confined in its operation\\nto the clause, sentence, paragraph, section, or part thereof directly\\ninvolved in the controversy in which the judgment shall have been\\nrendered.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4368", "title" : "New York state gift of life medal of honor", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4368", "activeDate" : "2014-09-22", "sequenceNo" : 1751, "repealedDate" : null, "fromSection" : "4368", "toSection" : "4368", "text" : " § 4368. New York state gift of life medal of honor. The governor shall\\nestablish a program for public recognition of organ, tissue and bone\\nmarrow donors and their families for their life saving contributions.\\nThe governor shall commission the design, with the advice and consent of\\nthe department and the transplant council established pursuant to\\nsection forty-three hundred sixty-one of this article, of the \"New York\\nState gift of life medal of honor\". Such medal shall be awarded annually\\nto honor the memory of all individual organ donors or the gifts of donor\\nfamilies. Persons who donate bone marrow shall also be eligible to be\\nawarded the medal. The department and the transplant council shall be\\nresponsible for nominating and choosing recipients, and for overseeing\\nand maintaining such program.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 9 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A44", "title" : "Health Maintenance Organizations", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22", "2015-03-20", "2018-04-27", "2022-04-22", "2023-07-07" ], "docLevelId" : "44", "activeDate" : "2018-04-27", "sequenceNo" : 1752, "repealedDate" : null, "fromSection" : "4400", "toSection" : "4416", "text" : " ARTICLE 44\\n HEALTH MAINTENANCE ORGANIZATIONS\\nSection 4400. Statement of policy and purposes.\\n 4401. Definitions.\\n 4402. Health maintenance organizations; application for\\n certificate of authority.\\n 4403. Health maintenance organizations; issuance of\\n certificate of authority.\\n 4403-a. Special purpose certificate of authority.\\n 4403-b. Development of comprehensive health services plans.\\n 4403-c. Comprehensive HIV special needs plan certification.\\n 4403-d. Special needs managed care plans.\\n 4403-e. Primary care partial capitation providers; partial\\n capitation certificate of authority.\\n 4403-f. Managed long term care plans.\\n 4403-g. Developmental disability individual support and care\\n coordination organizations.\\n 4404. Health maintenance organizations; continuance of\\n certificate of authority.\\n 4405. Health maintenance organizations; powers.\\n 4405-a. Immunizations against poliomyelitis, mumps, measles,\\n diphtheria and rubella.\\n 4405-b. Duty to report.\\n 4406. Health maintenance organizations; regulation of\\n contracts.\\n 4406-a. Arbitration provisions of health maintenance\\n organization contracts.\\n 4406-b. Primary and preventive obstetric and gynecologic care.\\n 4406-c. Prohibitions.\\n 4406-d. Health care professional applications and\\n terminations.\\n 4406-e. Access to end of life care.\\n 4406-f. Maternal depression screenings.\\n 4406-g. Telehealth delivery of services.\\n 4407. Health maintenance organizations; employer\\n requirements.\\n 4408. Disclosure of information.\\n 4408-a. Integrated delivery systems.\\n 4408-a*2. Grievance procedure.\\n 4409. Health maintenance organizations; examinations.\\n 4410. Health maintenance organizations; professional\\n services.\\n 4411. Construction.\\n 4412. Separability.\\n 4413. Savings clause.\\n 4414. Health care compliance programs.\\n 4416. Excess reserves of certain health maintenance\\n organizations.\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4400", "title" : "Statement of policy and purposes", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4400", "activeDate" : "2014-09-22", "sequenceNo" : 1753, "repealedDate" : null, "fromSection" : "4400", "toSection" : "4400", "text" : " § 4400. Statement of policy and purposes. Encouraging the expansion of\\nhealth care services options available to the citizens of the state is a\\nmatter of vital state concern. Without such an expansion, increased\\nhealth insurance and other benefits will continue to escalate the costs\\nof medical care and overload the health care delivery system. The health\\nmaintenance organization concept, through which members of an enrolled\\npopulation are each entitled to receive comprehensive health services\\nfor an advance or periodic charge, represents a promising new\\nalternative for the delivery of a full range of health care services at\\na reasonable cost.\\n Accordingly, it shall be the policy of this state to expand the health\\ncare services options available, and to assure greater choice in the\\nselection of a health care plan, by removal of legal and other\\nimpediments to the development of competitive health maintenance\\norganizations acceptable to the public.\\n It is the intent of the legislature that the commissioner therefore\\nestablish a comprehensive system of authorization and regulation of\\nhealth maintenance organizations in the state, as provided in this\\narticle, in order to assure that health services of good quality be\\nprovided to all citizens who choose to take advantage of that\\nalternative to meet their health care needs. The commissioner shall\\ncooperate with the superintendent of financial services and with other\\nstate officials and agencies which establish standards and requirements\\npertaining to the provision and financing of health care services in\\norder to assure necessary, equitable and consistent state supervision of\\nall health care systems without duplication of inspection or services.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4401", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2016-04-22", "2019-04-19", "2023-07-07", "2023-09-08", "2024-04-26" ], "docLevelId" : "4401", "activeDate" : "2019-04-19", "sequenceNo" : 1754, "repealedDate" : null, "fromSection" : "4401", "toSection" : "4401", "text" : " § 4401. Definitions. For the purpose of this article: 1. \"Health\\nmaintenance organization\" or \"organization\" means any person, natural or\\ncorporate, or any groups of such persons who enter into an arrangement,\\nagreement or plan or any combination of arrangements or plans which\\npropose to provide or offer, or which do provide or offer, a\\ncomprehensive health services plan.\\n 2. \"Comprehensive health services plan\" or \"plan\" means a plan through\\nwhich each member of an enrolled population is entitled to receive\\ncomprehensive health services in consideration for a basic advance or\\nperiodic charge. A plan may include the provision of health care\\nservices which are covered by the organization at the election of\\nenrollees by health care providers not participating in the plan\\npursuant to a contract, employment or other association to the extent\\nauthorized in section forty-four hundred six of this article; provided,\\nhowever, that in no event shall an enrollee elect to have a\\nnon-participating provider serve as the enrollee's primary care\\npractitioner responsible for supervising and coordinating the care of\\nthe enrollee.\\n 3. \"Comprehensive health services\" means all those health services\\nwhich an enrolled population might require in order to be maintained in\\ngood health, and shall include, but shall not be limited to, physician\\nservices (including consultant and referral services), in-patient and\\nout-patient hospital services, diagnostic laboratory and therapeutic and\\ndiagnostic radiologic services, and emergency and preventive health\\nservices. Such term may be further defined by agreement with enrolled\\npopulations providing additional benefits necessary, desirable or\\nappropriate to meet their health care needs.\\n 4. \"Enrolled population\" means a group of persons, defined as to\\nprobable age, sex and family composition, which receives comprehensive\\nhealth services from a health maintenance organization in consideration\\nfor a basic advance or periodic charge.\\n 5. \"Superintendent\" means the superintendent of financial services of\\nthe state of New York.\\n * 6. \"Comprehensive HIV special needs plan\" means a health maintenance\\norganization certified pursuant to section forty-four hundred three-c of\\nthis article which, in addition to providing or arranging for the\\nprovision of comprehensive health services on a capitated basis,\\nincluding those for which medical assistance payment is authorized\\npursuant to section three hundred sixty-five-a of the social services\\nlaw, also provides or arranges for the provision of HIV care to HIV\\npositive persons eligible to receive benefits under title XIX of the\\nfederal social security act or other public programs.\\n * NB Repealed March 31, 2025\\n * 7. \"HIV Center of excellence\" is defined as a health care facility\\ncertified to operate under article twenty-eight of this chapter that\\noffers specialized treatment expertise in HIV care services as defined\\nby the commissioner.\\n * NB Repealed March 31, 2025\\n 8. \"Special needs managed care plan\" shall mean a combination of\\npersons natural or corporate, or any groups of such persons, or a county\\nor counties, who enter into an arrangement, agreement or plan, or\\ncombination of arrangements, agreements or plans, to provide health and\\nbehavioral health services to enrollees with significant behavioral\\nhealth needs.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4402", "title" : "Health maintenance organizations; application for certificate of authority", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4402", "activeDate" : "2014-09-22", "sequenceNo" : 1755, "repealedDate" : null, "fromSection" : "4402", "toSection" : "4402", "text" : " § 4402. Health maintenance organizations; application for certificate\\nof authority. 1. No person or groups of persons may operate a health\\nmaintenance organization or issue a contract to an enrollee for\\nmembership in a comprehensive health services plan without first\\nobtaining a certificate of authority from the commissioner.\\n 2. In order to receive such a certificate of authority, a person or\\npersons, hereinafter designated as the applicant, intending to operate a\\nhealth maintenance organization shall file an application for such\\ncertificate on such form as the commissioner shall prescribe, and shall\\nprovide to the satisfaction of the commissioner the following:\\n (a) a copy of each of the basic organizational documents and\\nagreements of the applicant and all participating entities, including\\nall contracts and agreements relating to the provision of comprehensive\\nhealth services;\\n (b) a copy of the bylaws, rules and regulations on internal governing\\ndocuments of the applicant;\\n (c) a list of the names, addresses and official positions of the\\npersons comprising the applicant and all entities referred to in\\nparagraph (a) other than those possessing a valid operating certificate\\nunder the provisions of article twenty-eight of this chapter, including\\nall owners of record or beneficial, all members of the governing body,\\nthe officers and directors in the case of a corporation, and the\\npartners or members in the case of a partnership or corporation, and the\\nagent for service of process;\\n (d) a statement of the financial condition of the organization,\\nincluding, if appropriate, an income statement, balance sheet and\\nprojected sources and uses of funds;\\n (e) a statement generally describing the proposed operation of the\\nhealth maintenance organization as to the location of its facilities,\\nthe type and quantity of health care personnel engaged to provide\\nservices, its quality assurance mechanism, its grievance procedure,\\nparticipating hospitals and such other data as may be required by the\\ncommissioner;\\n (f) a copy of each enrollee contract filed with and approved by the\\nsuperintendent pursuant to section forty-four hundred six of this\\narticle; and\\n (g) such other information as may be required by the commissioner to\\nmake the determinations required in section forty-four hundred three of\\nthis article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4403", "title" : "Health maintenance organizations; issuance of certificate of authority", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-11-27", "2018-04-20", "2018-05-25", "2019-04-19", "2020-01-10", "2022-04-22", "2023-01-06", "2023-05-12", "2023-06-23", "2023-07-07", "2023-09-08", "2025-05-16", "2026-05-29" ], "docLevelId" : "4403", "activeDate" : "2019-04-19", "sequenceNo" : 1756, "repealedDate" : null, "fromSection" : "4403", "toSection" : "4403", "text" : " § 4403. Health maintenance organizations; issuance of certificate of\\nauthority. 1. The commissioner shall not issue a certificate of\\nauthority to an applicant therefor unless the applicant demonstrates\\nthat:\\n (a) it has defined a proposed enrolled population to which the health\\nmaintenance organization proposes to provide comprehensive health\\nservices and has established a mechanism by which that population may\\nadvise in determining the policies of the organization;\\n (b) it has the capability of organizing, marketing, managing,\\npromoting and operating a comprehensive health services plan;\\n (c) it is financially responsible and may be expected to meet its\\nobligations to its enrolled members. For the purpose of this paragraph,\\n\"financially responsible\" means that the applicant shall assume full\\nfinancial risk on a prospective basis for the provision of comprehensive\\nhealth services, including hospital care and emergency medical services\\nwithin the area served by the plan, except that it may require providers\\nto share financial risk under the terms of their contract, it may have\\nfinancial incentive arrangements with providers or it may obtain\\ninsurance or make other arrangements for the cost of providing\\ncomprehensive health services to enrollees; any insurance or other\\narrangement required by this paragraph shall be approved as to adequacy\\nby the superintendent as a prerequisite to the issuance of any\\ncertificate of authority by the commissioner;\\n (d) the character, competence, and standing in the community of the\\nproposed incorporators, directors, sponsors or stockholders, are\\nsatisfactory to the commissioner;\\n (e) the prepayment mechanism of its comprehensive health services\\nplan, the bases upon which providers of health care are compensated, and\\nthe anticipated use of allied health personnel are conducive to the use\\nof ambulatory care and the efficient use of hospital services;\\n (f) acceptable procedures have been established to monitor the quality\\nof care provided by the plan, which, in the case of services provided by\\nnon-participating providers, shall be limited to the provision of\\nreports to the primary care practitioner responsible for supervising and\\ncoordinating the care of the enrollee;\\n (g) approved mechanisms exist to resolve complaints and grievances\\ninitiated by any enrolled member; and\\n (h) the contract between the enrollee and the organization meet the\\nrequirements of the superintendent as set forth in section forty-four\\nhundred six of this article, as to the provisions contained therein for\\nhealth services, the procedures for offering, renewing, converting and\\nterminating contracts to enrollees, and the rates for such contracts\\nincluding but not limited to, compliance with the provisions of section\\none thousand one hundred nine of the insurance law.\\n 2. The commissioner may adopt and amend rules and regulations pursuant\\nto the state administrative procedure act to effectuate the purposes and\\nprovisions of this article. Such regulations may include rules and\\nprocedures addressing the provision of emergency services, including\\npatient notification, obtaining authorization for treatment, transfer of\\npatients from one facility to another and emergency transportation\\narrangements.\\n 3. Nothing contained in this section shall preclude any person or\\npersons in developing a health maintenance organization from contacting\\npotential participants to discuss the health care services such\\norganization would offer, prior to the granting of a certificate of\\nauthority.\\n 4. Nothing in this article shall preclude any health maintenance\\norganization from meeting the requirements of any federal law which\\nwould authorize such health maintenance organization to receive federal\\nfinancial assistance or which would authorize enrollees to receive\\nassistance from federal funds.\\n 5. (a) The commissioner, at the time of initial licensure, at least\\nevery three years thereafter, and upon application for expansion of\\nservice area, shall ensure that the health maintenance organization\\nmaintains a network of health care providers adequate to meet the\\ncomprehensive health needs of its enrollees and to provide an\\nappropriate choice of providers sufficient to provide the services\\ncovered under its enrollee's contracts by determining that (i) there are\\na sufficient number of geographically accessible participating\\nproviders; (ii) there are opportunities to select from at least three\\nprimary care providers pursuant to travel and distance time standards,\\nproviding that such standards account for the conditions of accessing\\nproviders in rural areas; (iii) there are sufficient providers in each\\narea of specialty practice to meet the needs of the enrollment\\npopulation; (iv) there is no exclusion of any appropriately licensed\\ntype of provider as a class; and (v) contracts entered into with health\\ncare providers neither transfer financial risk to providers, in a manner\\ninconsistent with the provisions of paragraph (c) of subdivision one of\\nthis section, nor penalize providers for unfavorable case mix so as to\\njeopardize the quality of or enrollees' appropriate access to medically\\nnecessary services; provided, however, that payment at less than\\nprevailing fee for service rates or capitation shall not be deemed or\\npresumed prima facie to jeopardize quality or access.\\n * (b) The following criteria shall be considered by the commissioner\\nat the time of a review: (i) the availability of appropriate and timely\\ncare that is provided in compliance with the standards of the Federal\\nAmericans with Disability Act to assure access to health care for the\\nenrollee population; (ii) the network's ability to provide culturally\\nand linguistically competent care to meet the needs of the enrollee\\npopulation; and (iii) with the exception of initial licensure, the\\nnumber of grievances filed by enrollees relating to waiting times for\\nappointments, appropriateness of referrals and other indicators of plan\\ncapacity.\\n * NB Effective until January 1, 2020\\n * (b) The following criteria shall be considered by the commissioner\\nat the time of a review: (i) the availability of appropriate and timely\\ncare that is provided in compliance with the standards of the Federal\\nAmericans with Disability Act to assure access to health care for the\\nenrollee population; (ii) the network's ability to provide culturally\\nand linguistically competent care to meet the needs of the enrollee\\npopulation; (iii) the availability of appropriate and timely care that\\nis in compliance with the standards of the Paul Wellstone and Pete\\nDomenici Mental Health Parity and Addiction Equity Act of 2008, 42\\nU.S.C. 18031(j), and any amendments to, and federal guidance and\\nregulations issued under those Acts, which shall include an analysis of\\nthe rate of out-of-network utilization for covered mental health and\\nsubstance use disorder services as compared to the rate of\\nout-of-network utilization for the respective category of medical\\nservices; and (iv) with the exception of initial licensure, the number\\nof grievances filed by enrollees relating to waiting times for\\nappointments, appropriateness of referrals and other indicators of plan\\ncapacity.\\n * NB Effective January 1, 2020\\n (c) Each organization shall report on an annual basis the number of\\nenrollees and the number of participating providers in each\\norganization.\\n 6. (a) If a health maintenance organization determines that it does\\nnot have a health care provider with appropriate training and experience\\nin its panel or network to meet the particular health care needs of an\\nenrollee, the health maintenance organization shall make a referral to\\nan appropriate provider, pursuant to a treatment plan approved by the\\nhealth maintenance organization in consultation with the primary care\\nprovider, the non-participating provider and the enrollee or enrollee's\\ndesignee, at no additional cost to the enrollee beyond what the enrollee\\nwould otherwise pay for services received within the network.\\n (b) A health maintenance organization shall have a procedure by which\\nan enrollee who needs ongoing care from a specialist may receive a\\nstanding referral to such specialist. If the health maintenance\\norganization, or the primary care provider in consultation with the\\nmedical director of the organization and specialist if any, determines\\nthat such a standing referral is appropriate, the organization shall\\nmake such a referral to a specialist. In no event shall a health\\nmaintenance organization be required to permit an enrollee to elect to\\nhave a non-participating specialist, except pursuant to the provisions\\nof paragraph (a) of this subdivision. Such referral shall be pursuant to\\na treatment plan approved by the health maintenance organization in\\nconsultation with the primary care provider, the specialist, and the\\nenrollee or the enrollee's designee. Such treatment plan may limit the\\nnumber of visits or the period during which such visits are authorized\\nand may require the specialist to provide the primary care provider with\\nregular updates on the specialty care provided, as well as all necessary\\nmedical information.\\n (c) A health maintenance organization shall have a procedure by which\\na new enrollee upon enrollment, or an enrollee upon diagnosis, with (i)\\na life-threatening condition or disease or (ii) a degenerative and\\ndisabling condition or disease, either of which requires specialized\\nmedical care over a prolonged period of time, may receive a referral to\\na specialist with expertise in treating the life-threatening or\\ndegenerative and disabling disease or condition who shall be responsible\\nfor and capable of providing and coordinating the enrollee's primary and\\nspecialty care. If the health maintenance organization, or primary care\\nprovider in consultation with a medical director of the organization and\\na specialist, if any, determines that the enrollee's care would most\\nappropriately be coordinated by such a specialist, the organization\\nshall refer the enrollee to such specialist. In no event shall a health\\nmaintenance organization be required to permit an enrollee to elect to\\nhave a non-participating specialist, except pursuant to the provisions\\nof paragraph (a) of this subdivision. Such referral shall be pursuant to\\na treatment plan approved by the health maintenance organization, in\\nconsultation with the primary care provider if appropriate, the\\nspecialist, and the enrollee or the enrollee's designee. Such specialist\\nshall be permitted to treat the enrollee without a referral from the\\nenrollee's primary care provider and may authorize such referrals,\\nprocedures, tests and other medical services as the enrollee's primary\\ncare provider would otherwise be permitted to provide or authorize,\\nsubject to the terms of the treatment plan. If an organization refers an\\nenrollee to a non-participating provider, services provided pursuant to\\nthe approved treatment plan shall be provided at no additional cost to\\nthe enrollee beyond what the enrollee would otherwise pay for services\\nreceived within the network.\\n (d) A health maintenance organization shall have a procedure by which\\nan enrollee with (i) a life-threatening condition or disease or (ii) a\\ndegenerative and disabling condition or disease, either of which\\nrequires specialized medical care over a prolonged period of time, may\\nreceive a referral to a specialty care center with expertise in treating\\nthe life-threatening or degenerative and disabling disease or condition.\\nIf the health maintenance organization, or the primary care provider or\\nthe specialist designated pursuant to paragraph (c) of this subdivision,\\nin consultation with a medical director of the organization, determines\\nthat the enrollee's care would most appropriately be provided by such a\\nspecialty care center, the organization shall refer the enrollee to such\\ncenter. In no event shall a health maintenance organization be required\\nto permit an enrollee to elect to have a non-participating specialty\\ncare center, unless the organization does not have an appropriate\\nspecialty care center to treat the enrollee's disease or condition\\nwithin its network. Such referral shall be pursuant to a treatment plan\\ndeveloped by the specialty care center and approved by the health\\nmaintenance organization, in consultation with the primary care\\nprovider, if any, or a specialist designated pursuant to paragraph c of\\nthis subdivision, and the enrollee or the enrollee's designee. If an\\norganization refers an enrollee to a specialty care center that does not\\nparticipate in the organization's network, services provided pursuant to\\nthe approved treatment plan shall be provided at no additional cost to\\nthe enrollee beyond what the enrollee would otherwise pay for services\\nreceived within the network. For purposes of this paragraph, a specialty\\ncare center shall mean only such centers as are accredited or designated\\nby an agency of the state or federal government or by a voluntary\\nnational health organization as having special expertise in treating the\\nlife-threatening disease or condition or degenerative and disabling\\ndisease or condition for which it is accredited or designated.\\n (e) (1) If an enrollee's health care provider leaves the health\\nmaintenance organization's network of providers for reasons other than\\nthose for which the provider would not be eligible to receive a hearing\\npursuant to paragraph a of subdivision two of section forty-four hundred\\nsix-d of this chapter, the health maintenance organization shall permit\\nthe enrollee to continue an ongoing course of treatment with the\\nenrollee's current health care provider during a transitional period of\\n(i) up to ninety days from the date of notice to the enrollee of the\\nprovider's disaffiliation from the organization's network; or (ii) if\\nthe enrollee has entered the second trimester of pregnancy at the time\\nof the provider's disaffiliation, for a transitional period that\\nincludes the provision of post-partum care directly related to the\\ndelivery.\\n (2) Notwithstanding the provisions of subparagraph one of this\\nparagraph, such care shall be authorized by the health maintenance\\norganization during the transitional period only if the health care\\nprovider agrees (i) to continue to accept reimbursement from the health\\nmaintenance organization at the rates applicable prior to the start of\\nthe transitional period as payment in full; (ii) to adhere to the\\norganization's quality assurance requirements and to provide to the\\norganization necessary medical information related to such care; and\\n(iii) to otherwise adhere to the organization's policies and procedures,\\nincluding but not limited to procedures regarding referrals and\\nobtaining pre-authorization and a treatment plan approved by the\\norganization.\\n (f) If a new enrollee whose health care provider is not a member of\\nthe health maintenance organization's provider network enrolls in the\\nhealth maintenance organization, the organization shall permit the\\nenrollee to continue an ongoing course of treatment with the enrollee's\\ncurrent health care provider during a transitional period of up to sixty\\ndays from the effective date of enrollment, if (i) the enrollee has a\\nlife-threatening disease or condition or a degenerative and disabling\\ndisease or condition or (ii) the enrollee has entered the second\\ntrimester of pregnancy at the effective date of enrollment, in which\\ncase the transitional period shall include the provision of post-partum\\ncare directly related to the delivery. If an enrollee elects to continue\\nto receive care from such health care provider pursuant to this\\nparagraph, such care shall be authorized by the health maintenance\\norganization for the transitional period only if the health care\\nprovider agrees (A) to accept reimbursement from the health maintenance\\norganization at rates established by the health maintenance organization\\nas payment in full, which rates shall be no more than the level of\\nreimbursement applicable to similar providers within the health\\nmaintenance organization's network for such services; (B) to adhere to\\nthe organization's quality assurance requirements and agrees to provide\\nto the organization necessary medical information related to such care;\\nand (C) to otherwise adhere to the organization's policies and\\nprocedures including, but not limited to procedures regarding referrals\\nand obtaining pre-authorization and a treatment plan approved by the\\norganization. In no event shall this paragraph be construed to require a\\nhealth maintenance organization to provide coverage for benefits not\\notherwise covered or to diminish or impair pre-existing condition\\nlimitations contained within the subscriber's contract.\\n 7. A health maintenance organization that requires or provides for\\ndesignation by an enrollee of a participating primary care provider\\nshall permit the enrollee to designate any participating primary care\\nprovider who is available to accept such individual, and in the case of\\na child, shall permit the enrollee to designate a physician (allopathic\\nor osteopathic) who specializes in pediatrics as the child's primary\\ncare provider if such provider participates in the network of the health\\nmaintenance organization.\\n * 8. Notwithstanding any provision of law to the contrary, a health\\nmaintenance organization may expand its comprehensive health services\\nplan to include services operated, certified, funded, authorized or\\napproved by the office for people with developmental disabilities,\\nincluding habilitation services as defined in paragraph (c) of\\nsubdivision one of section forty-four hundred three-g of this article,\\nand may offer such expanded plan to a population of persons with\\ndevelopmental disabilities, as such term is defined in the mental\\nhygiene law, subject to the following:\\n (a) Such organization must have the ability to provide or coordinate\\nservices for persons with developmental disabilities, as demonstrated by\\ncriteria to be determined by the commissioner and the commissioner of\\nthe office for people with developmental disabilities. Such criteria\\nshall include, but not be limited to, adequate experience providing or\\ncoordinating services for persons with developmental disabilities;\\n (a-1) If the commissioner and the commissioner of the office for\\npeople with developmental disabilities determine that such organization\\nlacks the experience required in paragraph (a) of this subdivision, the\\norganization shall have an affiliation arrangement with an entity or\\nentities that are non-profit organizations or organizations whose\\nshareholders are solely controlled by non-profit organizations with\\nexperience serving persons with developmental disabilities, as\\ndemonstrated by criteria to be determined by the commissioner and the\\ncommissioner of the office for people with developmental disabilities,\\nwith such criteria including, but not limited to, residential, day, and\\nemployment services such that the affiliated entity will coordinate and\\nplan services operated, certified, funded, authorized or approved by the\\noffice for people with developmental disabilities or will oversee and\\napprove such coordination and planning;\\n (a-2) Each enrollee shall receive services designed to achieve\\nperson-centered outcomes, to enable that person to live in the most\\nintegrated setting appropriate to that person's needs, and to enable\\nthat person to interact with nondisabled persons to the fullest extent\\npossible in social, workplace and other community settings, provided\\nthat all such services are consistent with such person's wishes to the\\nextent that such wishes are known and the individual's needs. With\\nrespect to an individual receiving non-residential services operated,\\ncertified, funded, authorized or approved by the office for people with\\ndevelopmental disabilities prior to enrollment in the organization, such\\nguidelines shall require the organization to contract with the current\\nprovider of such non-residential services at the rates established by\\nthe office for ninety days, in order to ensure continuity of care. With\\nrespect to an individual living in a residential facility operated or\\ncertified by the office for people with developmental disabilities prior\\nto enrollment in the organization, the organization shall contract with\\nthe provider of residential services for that residence at the rates\\nestablished by the office for people with developmental disabilities for\\nso long as such person lives in that residence pursuant to an approved\\nplan of care;\\n (b) The provision by such organization of services operated,\\ncertified, funded, authorized or approved by the office for people with\\ndevelopmental disabilities shall be subject to the joint oversight and\\nreview of both the department and the office for people with\\ndevelopmental disabilities. The department and such office shall require\\nsuch organization to provide comprehensive care planning, assess\\nquality, meet quality assurance requirements and ensure the enrollee is\\ninvolved in care planning.\\n (c) Such organization shall not provide or arrange for services\\noperated, certified, funded, authorized or approved by the office for\\npeople with developmental disabilities until the commissioner and the\\ncommissioner of the office for people with developmental disabilities\\napprove program features and rates that include such services, and\\ndetermine that such organization meets the requirements of this\\nparagraph and any other requirements set forth by the commissioner of\\nthe office for people with developmental disabilities;\\n (d) An otherwise eligible enrollee receiving services through the\\norganization that are operated, certified, funded, authorized or\\napproved by the office for people with developmental disabilities shall\\nnot be involuntarily disenrolled from such organization without the\\nprior approval of the commissioner of the office for people with\\ndevelopmental disabilities. Notice shall be provided to the enrollee and\\nthe enrollee may request a fair hearing regarding such disenrollment;\\n (e) The office for people with developmental disabilities shall\\ndetermine the eligibility of individuals receiving services operated,\\ncertified, funded, authorized or approved by such office to enroll in\\nsuch a plan and shall enroll individuals it determines eligible in an\\norganization chosen by such individual, guardian or other legal\\nrepresentative;\\n (f) The office for people with developmental disabilities, or its\\ndesignee, shall complete a comprehensive assessment for enrollees that\\nreceive services operated, certified, funded, authorized or approved by\\nsuch office. This assessment shall include, but not be limited to, an\\nevaluation of the medical, social, habilitative and environmental needs\\nof each prospective enrollee as such needs relate to such enrollee's\\nhealth, safety, living environment and wishes, to the extent such wishes\\nare known. This assessment shall also serve as the basis for the\\ndevelopment and provision of an appropriate plan of care for the\\nenrollee. Such plan of care shall be focused on the achievement of\\nperson-centered outcomes and shall be consistent with and help inform\\nany other person-centered plan required for the enrollee by the\\ncommissioner of the office for people with developmental disabilities.\\nThe initial assessment shall be completed by such office or its designee\\nother than the organization and shall be completed, in consultation with\\nthe prospective enrollee's health care practitioner as necessary.\\nReassessments shall be completed by the office or its designee, which\\nmay be the organization. The commissioner of the office for people with\\ndevelopmental disabilities shall prescribe the forms on which the\\nassessment shall be made.\\n (f-1) Such organization shall provide the department and the office\\nfor people with developmental disabilities with a description of the\\nproposed marketing plan and how marketing materials will be presented to\\npersons with developmental disabilities or their authorized decision\\nmakers for the purposes of enabling them to make an informed choice.\\n (g) No person with a developmental disability shall be required to\\nenroll in a comprehensive health services plan as a condition of\\nreceiving medical assistance and services operated, certified, funded,\\nauthorized or approved by the office for people with developmental\\ndisabilities until program features and reimbursement rates are approved\\nby the commissioner and the commissioner of the office for people with\\ndevelopmental disabilities and until such commissioners determine that\\nthere are a sufficient number of plans authorized to coordinate care for\\npersons with developmental disabilities pursuant to this article\\noperating in the person's county of residence to meet the needs of\\npersons with developmental disabilities, and that such plans meet the\\nstandards of this section.\\n (h) Organizations providing services operated, certified, funded,\\nauthorized or approved by the office for people with developmental\\ndisabilities shall be subject to all requirements applicable to DISCOs\\noperating under section forty-four hundred three-g of this article with\\nrespect to quality assurance, grievances and appeals, informed choice,\\nparticipating in development of plans of care and requirements with\\nrespect to marketing, to the extent that such requirements are not\\ninconsistent with this section.\\n (i) The provisions of this subdivision shall only be effective if, for\\nso long as, and to the extent that federal financial participation is\\navailable for the costs of services provided hereunder to recipients of\\nmedical assistance pursuant to title eleven of article five of the\\nsocial services law. The commissioner shall make any necessary\\namendments to the state plan for medical assistance submitted pursuant\\nto section three hundred sixty-three-a of the social services law,\\nand/or submit one or more applications for waivers of the federal social\\nsecurity act, as may be necessary to ensure such federal financial\\nparticipation. To the extent that the provisions of this subdivision are\\ninconsistent with other provisions of this article or with the\\nprovisions of section three hundred sixty-four-j of the social services\\nlaw, the provisions of this subdivision shall prevail.\\n * NB Repealed September 30, 2023\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4403-A", "title" : "Special purpose certificate of authority", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2017-04-28", "2020-04-17", "2023-05-12", "2023-06-23", "2026-05-29" ], "docLevelId" : "4403-A", "activeDate" : "2017-04-28", "sequenceNo" : 1757, "repealedDate" : null, "fromSection" : "4403-A", "toSection" : "4403-A", "text" : " * § 4403-a. Special purpose certificate of authority. 1. The\\ncommissioner may issue a special purpose certificate of authority to a\\nprovider, applying on forms prescribed by the commissioner, seeking to\\noffer a comprehensive health services plan on a prepaid contractual\\nbasis either directly, or through an arrangement, agreement or plan or\\ncombination thereof to an enrolled population, which is substantially\\ncomposed of persons eligible to receive benefits under title XIX of the\\nfederal social security act or other public programs.\\n 2. A not-for-profit corporation established to operate a hospital\\npursuant to article twenty-eight of this chapter, a government agency,\\nan entity or a group of entities seeking to provide comprehensive health\\nservices pursuant to the provisions of this section may apply for a\\nspecial purpose certificate of authority; provided, however, that a\\nshared health facility, as defined by article forty-seven of the public\\nhealth law, shall not be eligible for such a certificate.\\n 3. The commissioner shall not issue a special purpose certificate of\\nauthority unless the applicant has demonstrated to the commissioner's\\nsatisfaction that the requirements of this article and any regulations\\npromulgated pursuant thereto have been met and will continue to be met,\\nprovided, however, that the commissioner may waive one or more of such\\nrequirements, or portions thereof, pertaining to financial risk,\\nemployer requirements and subscriber contracts if he determines that\\nsuch waiver will serve to promote the efficient provision of\\ncomprehensive health services and that the proposed plan will provide an\\nappropriate and cost-effective alternative method for the delivery of\\nsuch services in a manner which will meet the needs of the population to\\nbe served.\\n 4. (a) No contract for the provision of comprehensive health services\\npursuant to this section shall be entered into by a local social\\nservices district unless the commissioner certifies that all pertinent\\nrequirements with respect to financial arrangements, rates, and\\nstandards relating to arrangements for and the delivery of patient care\\nservices have been satisfied and that the contract and related\\narrangements will ensure access to and the delivery of high quality,\\nappropriate medical services including an assurance that recipients'\\naccess to preventive health services is not diminished.\\n (b) No contract for the provision of comprehensive health services to\\npersons eligible for medical assistance under title eleven of article\\nfive of the social services law shall be entered into without the\\napproval of the commissioner of social services pursuant to section\\nthree hundred sixty-five-a of the social services law and the state\\ndirector of the budget. The commissioner of social services shall not\\napprove such a contract unless the contract:\\n (i) provides that enrollment shall be voluntary and contains\\nprovisions to ensure that persons eligible for medical assistance will\\nbe provided sufficient information regarding the plan to make an\\ninformed and voluntary choice whether to enroll or, in the event that\\nenrollment in the entity is pursuant to section three hundred\\nsixty-four-j of the social services law, provides that enrollment in the\\nentity is governed by that section;\\n (ii) provides adequate safeguards to protect persons eligible for\\nmedical assistance from being misled concerning the plan and from being\\ncoerced into enrolling in the plan or, in the event that enrollment in\\nthe entity is undertaken pursuant to section three hundred sixty-four-j\\nof the social services law, provides that enrollment in the entity is\\ngoverned by that section;\\n (iii) establishes adequate opportunities for public review and comment\\nprior to implementation of the plan;\\n (iv) provides adequate grievance procedures for recipients who enroll\\nin the plan; and\\n (v) establishes quality assurance mechanisms.\\n 5. A special purpose certificate of authority shall be issued to an\\napproved provider of comprehensive health services for a maximum\\neffective period of twenty-four months subject to the applicable\\nprovisions of section forty-four hundred four of this article and\\nprovided that federal financial participation is available for\\nexpenditures made on behalf of recipients of medical assistance. The\\ncommissioner upon application, after consultation with the commissioner\\nof social services, may issue a certificate for an additional period of\\nup to twenty-four months if satisfied that the plan has and will\\ncontinue to demonstrate satisfactory performance and compliance with all\\nrequirements imposed for initial certification. If the plan provides\\ncomprehensive services pursuant to a contract solely to individuals\\neligible for medical assistance under title eleven of article five of\\nthe social services law, the certificate shall expire when (a) the\\nmedical assistance contract is revoked or expires and is not extended or\\nrenewed or (b) federal approval of the medical assistance contract is\\nwithdrawn.\\n 6. All individuals eligible for medical assistance enrolling\\nvoluntarily in a comprehensive health services plan offered by an entity\\nwith a special purpose certificate of authority will be given thirty\\ndays from the effective date of enrollment in the plan to disenroll\\nwithout cause. After this thirty day disenrollment period, all\\nindividuals participating in the plan will be enrolled for a period of\\nsix months, except that all participants will be permitted to disenroll\\nfor good cause, as defined by the commissioner of social services in\\nregulation.\\n 7. Notwithstanding any inconsistent provision of this section, the\\ncommissioner shall issue special purpose certificates of authority\\npursuant to this section to no more than eighteen entities other than\\nthose entities initially authorized by chapter seven hundred fifteen of\\nthe laws of nineteen hundred eighty-two and by a chapter of the laws of\\nnineteen hundred eighty-four authorizing the Monroe county medicap\\ndemonstration project.\\n * NB Expires March 31, 2020\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4403-B", "title" : "Development of comprehensive health services plans", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2017-04-28", "2020-04-17", "2023-05-12", "2023-06-23", "2026-05-29" ], "docLevelId" : "4403-B", "activeDate" : "2017-04-28", "sequenceNo" : 1758, "repealedDate" : null, "fromSection" : "4403-B", "toSection" : "4403-B", "text" : " * § 4403-b. Development of comprehensive health services plans. The\\ncommissioner is authorized, after consultation with the commissioner of\\nsocial services, and subject to the approval of the director of the\\nbudget, to make grants to diagnostic and treatment centers and general\\nhospitals operating pursuant to article twenty-eight of this chapter, to\\naid in the planning, development and implementation of comprehensive\\nhealth services plans. The total amount expended pursuant to this\\nsection shall not exceed the amount appropriated for such purposes in\\nany fiscal year.\\n * NB Expires March 31, 2020\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4403-C", "title" : "Comprehensive HIV special needs plan certification", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2016-04-22", "2019-04-19", "2024-04-26" ], "docLevelId" : "4403-C", "activeDate" : "2019-04-19", "sequenceNo" : 1759, "repealedDate" : null, "fromSection" : "4403-C", "toSection" : "4403-C", "text" : " * § 4403-c. Comprehensive HIV special needs plan certification. 1. No\\nperson or group of persons may operate a comprehensive HIV special needs\\nplan without first obtaining a certificate of authority from the\\ncommissioner. Any person may apply for a comprehensive HIV special needs\\ncertificate of authority, provided, however, that a shared health\\nfacility, as defined in article forty-seven of this chapter, shall not\\nbe eligible for such a certificate.\\n 2. An applicant for certification shall submit the following\\ninformation and documentation to the satisfaction of the commissioner:\\n (a) a copy of the applicant's basic organizational documents and\\nagreements of the applicant and all network members, including all\\ncontracts and agreements relating to the provision of HIV services;\\n (b) a copy of any current licensure or certification maintained by the\\napplicant;\\n (c) a description of any experience the applicant may have had in\\nproviding HIV services which are licensed, certified, funded or approved\\nby the department, including identification of any disciplinary,\\nadministrative or criminal proceedings related to such services in the\\npast ten years, the resolution thereof, and any other proceedings\\ncurrently pending;\\n (d) full disclosure of the financial condition of the applicant and of\\nmembers of the board, officers, controlling persons, owners and\\npartners, including, but not limited to, a statement of the applicant's\\nassets, resources, accounts receivable, liabilities and proposed sources\\nand uses of funds and the most recent certified income statement and\\nbalance sheet;\\n (e) a demonstration of the applicant's ability to provide or continue\\nto provide quality HIV services;\\n (f) a description of the geographic area served and to be served by\\nthe applicant;\\n (g) a description of the applicant's current capacity, and proposed\\ncapacity, to provide or arrange for the provision of comprehensive HIV\\nservices for a defined geographic area to a defined population; and\\n (h) such other information as the commissioner shall require.\\n 3. The commissioner shall not issue a comprehensive HIV special needs\\nplan certificate of authority to an applicant therefor unless the\\napplicant demonstrates that:\\n (a) it has defined an enrolled population to which the comprehensive\\nHIV special needs plan proposes to provide comprehensive HIV health\\nservices, has demonstrated a willingness to enroll any person who is\\neligible for enrollment within its defined catchment area and has\\nestablished a mechanism by which the enrolled population may participate\\nin determining the policies of the organization;\\n (b) it has defined a specific network of providers and facilities that\\nare capable of providing comprehensive HIV special needs services to the\\nenrolled population described in paragraph (a) of this subdivision;\\n (c) it has the capability of organizing, marketing, managing,\\npromoting and operating a comprehensive HIV special needs plan;\\n (d) it is financially responsible and sound and may be expected to\\nmeet its obligations to its enrolled members. For the purposes of this\\nparagraph, \"financially responsible\" means that the applicant is capable\\nof assuming full financial risk on a prospective basis for the provision\\nof comprehensive HIV special needs services within the geographic\\ncatchment area defined by the applicant except that it may allow\\nproviders to share financial risk under the terms of their contract, or\\nit may obtain insurance or make other arrangements for the cost of\\nproviding comprehensive HIV special needs health services to enrollees;\\nany insurance or other arrangements proposed to meet this requirement\\nshall be approved as to adequacy as a prerequisite to the issuance of\\nany comprehensive HIV special needs certificate of authority by the\\ncommissioner. In making a determination of financial soundness, the\\ncommissioner shall consider financial information, contracts and\\nagreements required as part of the application for a certificate of\\nauthority and any other information that the commissioner shall deem\\nnecessary to make that determination. For purposes of this section, any\\ngrants awarded to an applicant contingent upon its approval as a HIV\\nspecial needs plan certified pursuant to this section, shall be\\nconsidered when making a determination of fiscal soundness;\\n (e) it has established a system which appropriately accounts for costs\\nand a uniform system of reports and audits meeting the requirements of\\nthe commissioner;\\n (f) the character, competence and standing in the community of the\\nproposed incorporators, directors, sponsors, or stockholders of the\\nplan, and its network providers, are satisfactory to the commissioner;\\n (g) it is willing and able to assure that necessary HIV services will\\nbe provided in a timely manner to assure the availability and\\naccessibility of adequate personnel and facilities; to assure continuity\\nof care for enrollees; and to implement procedures for referrals, as\\nrequested, to appropriate care for affected family members of the\\nenrolled population;\\n (h) the prepayment mechanism of its comprehensive HIV special needs\\nplan, the bases upon which the providers of health care are compensated,\\nand the anticipated use of allied health personnel are conducive to the\\nuse of ambulatory care and the efficient use of hospital services;\\n (i) acceptable procedures have been established for the conduct of\\noutreach and enrollment of persons with HIV infection including persons\\nwho are homeless, substance users and other vulnerable populations;\\n (j) acceptable procedures have been developed to communicate with\\nparticipants in a linguistically and culturally competent manner;\\n (k) acceptable procedures have been established to monitor the quality\\nof care provided by the plan and to assure that all care rendered meets\\nclinical standards of HIV care as established and maintained by the AIDS\\nInstitute of the New York state department of health;\\n (l) approved mechanisms exist to resolve complaints and grievances\\ninitiated by any enrolled member; and\\n (m) the requirements of this article and any regulations promulgated\\npursuant thereto have been met and will continue to be met.\\n 4. The commissioner shall not issue a comprehensive HIV special needs\\ncertificate of authority unless the applicant has demonstrated to the\\ncommissioner's satisfaction that the requirements of this article and\\nany regulations promulgated pursuant thereto have been met and will\\ncontinue to be met, provided, however, that the commissioner may impose\\nalternative requirements, or portions thereof, particularly those\\nrelated to capitalization, if he or she determines that such alternative\\nrequirements will serve to promote the high quality, efficient provision\\nof comprehensive health services or services required by HIV positive\\npersons, will promote the development of HIV special needs plans and\\nthat the proposed plan will provide an appropriate and cost-effective\\nalternative method for the delivery of such services in a manner which\\nwill meet the needs of the population to be served.\\n 5. The commissioner shall make a determination on an application after\\nreceipt of all required and requested information and documentation.\\n 6. The commissioner shall review and approve any current or proposed\\ncontracts or agreements with current or prospective network members, and\\nprovided further, that the commissioner shall specifically review and\\napprove any proposed provisions in such contracts or agreements with the\\nprospective or existing network members which specify any risk sharing\\narrangements.\\n 7. The commissioner may revoke, limit or annul a comprehensive HIV\\nspecial needs plan certificate of authority in accordance with the\\nprovisions of section forty-four hundred four of this article.\\n 8. A comprehensive HIV special needs plan, certified pursuant to this\\nsection, shall be responsible for providing or arranging for all medical\\nassistance services defined under section three hundred sixty-five-a of\\nthe social services law, including delivery of a comprehensive benefit\\npackage, which shall include early and periodic screening; adolescent\\nhealth; diagnosis and treatment and child/teen health screenings;\\nreferrals for necessary services; linkages to HIV counseling and\\ntesting; and HIV prevention and education activities. A comprehensive\\nHIV special needs plan provider shall be responsible for assisting\\nenrollees in the prudent selection of such services including but not\\nlimited to:\\n (a) referral, coordination, monitoring and follow-up with regard to\\nother medical services providers, as appropriate for diagnosis and\\ntreatment, or direct provision of all medical assistance services;\\n (b) methods of assuring enrollees' access to specialty services\\noutside the comprehensive HIV special needs plan's network or panel when\\nthe plan does not have a provider with the appropriate training and\\nexperience in its network to meet the particular health care needs of\\nthe participant;\\n (c) the establishment of appropriate utilization and referral\\nrequirements for physicians, hospitals, and other medical services\\nproviders, including emergency room visits and inpatient admissions;\\n (d) the creation of mechanisms to ensure the participation of HIV\\ncenters of excellence and community-based HIV care providers;\\n (e) implementation of procedures for managing the care of all\\nparticipants, including the use of facility and community-based case\\nmanagers with expertise in the care needs of persons with HIV infection,\\nand the designation of a specialist as a primary care practitioner;\\n (f) development of appropriate methods of managing the HIV care needs\\nof homeless, substance users and other vulnerable populations, who are\\nenrolled in the comprehensive HIV special needs plan, to assure that all\\nnecessary services are made available in a timely manner, in accordance\\nwith prevailing standards of professional medical practice, and that all\\nappropriate referrals and follow-up treatments are provided;\\n (g) provision of all early periodic screening, diagnosis and treatment\\nservices, as well as periodic screening and referral, to each\\nparticipant under the age of twenty-one, at regular intervals and as\\nmedically appropriate;\\n (h) direct provision of or arrangement for the provision of\\ncomprehensive prenatal care services to all pregnant participants in\\naccordance with standards adopted by the department of health and with\\nstatute and regulations governing HIV testing of pregnant women and\\nnewborns;\\n (i) implementation of procedures for written agreements, which may\\ninclude contractual agreements, with community-based social service\\nproviders to ensure access to the full continuum of services needed by\\nHIV infected persons; and\\n (j) permit the use of standing referrals to specialists and\\nsubspecialists for participants who require the care of such\\npractitioners on a regular basis.\\n 9. Notwithstanding any other provision of law, a comprehensive HIV\\nspecial needs plan certified pursuant to this section shall limit\\nenrollment to HIV positive persons, except for the following persons who\\nmay be enrolled regardless of their HIV status:\\n (a) related children up to the age of twenty-one; and\\n (b) individuals who are homeless or who are members of other high need\\npopulations which, in the discretion of the commissioner, would benefit\\nfrom receiving services through a plan certified pursuant to this\\nsection; provided however, that rates paid to special needs plans for\\nsuch populations shall be comparable to rates paid for the same\\npopulations in other managed care plans.\\n 10. Enrollment and disenrollment. (a) Enrollment in a comprehensive\\nHIV special needs plan shall be voluntary and persons eligible for\\nenrollment in such plans shall be afforded the opportunity to choose\\namong such plans, to the extent available in the locality where the\\nperson currently resides; provided however that enrollment may be\\nautomatic after federal approval of a waiver or waivers or other federal\\naction required to institute automatic enrollment, pursuant to\\napplicable provisions of the federal social security act, and that\\npersons automatically enrolled in a comprehensive HIV special needs plan\\nshall have the opportunity to withdraw from such plan in accordance with\\nparagraph (g) of subdivision four, paragragh (b) of subdivision three\\nand subdivision twelve of section three hundred sixty-four-j of the\\nsocial services law. The department shall ensure to the maximum extent\\npracticable that individuals are provided with a choice of comprehensive\\nHIV special needs plans.\\n (b) The commissioner shall promulgate regulations establishing\\ncriteria which relate to enrollment and disenrollment of enrollees in\\ncomprehensive HIV special needs plans. Comprehensive HIV special needs\\nplans shall not request disenrollment of an enrollee based on any\\ndiagnosis, condition, or perceived diagnosis or condition, or an\\nenrollee's efforts to exercise his or her rights under a grievance\\nprocess.\\n (c) Prior to enrollment in a comprehensive HIV special needs plan\\nindividuals are to be provided with a full written explanation of all\\nfee-for-service and other options and given a reasonable opportunity to\\nchoose between the comprehensive HIV special needs plan and the other\\noptions. In addition, enrollees shall be provided notice of their right\\nto disenroll from the plan, except as otherwise provided in this\\nsubdivision.\\n (d) If an enrollee requests to change a provider or disenroll from a\\ncomprehensive HIV special needs plan pursuant to this subdivision, the\\nsocial services district and the plan shall implement such change in a\\ntimely manner in accordance with standards established by the\\ncommissioner. When an enrollee changes comprehensive HIV special needs\\nplan providers the plan must effectuate the timely transfer of all\\nnecessary medical records.\\n (e) Plans shall ensure that any new enrollee whose health care\\nprovider is not a member of the plan's provider network, who enrolls in\\nthe plan, can continue with an ongoing course of treatment with the\\nenrollee's current health care provider during a transitional period of\\nup to sixty days from the effective date of enrollment. If an enrollee\\nelects to continue to receive care from such health care provider\\npursuant to this paragraph, such care shall be authorized by the\\ncomprehensive HIV special needs plan for the transitional period only if\\nthe health care provider agrees: (1) to accept reimbursement from the\\ncomprehensive HIV special needs plan at rates established by the plan as\\npayment in full, which rates shall be no more than the level of\\nreimbursement applicable to similar providers within the plan's network\\nfor such services; (2) to adhere to the plan's quality assurance\\nrequirements and agrees to provide to the plan any necessary medical\\ninformation related to such care; and (3) to otherwise adhere to the\\nplan's policies and procedures including, but not limited to procedures\\nregarding referrals and obtaining pre-authorization and a treatment plan\\napproved by the comprehensive HIV special needs plan. In no event shall\\nthis paragraph be construed to require a comprehensive HIV special needs\\nplan to provide coverage for benefits not otherwise covered;\\n (f) Comprehensive HIV special needs plans shall ensure that for those\\nenrollees whose health care provider leaves the comprehensive HIV\\nspecial needs plan's network of providers, the enrollee shall be\\npermitted to continue an ongoing course of treatment with such current\\nhealth care provider during a transitional period of up to ninety days\\nfrom the date of notice to the enrollee of the provider's disaffiliation\\nfrom the plan's network. If an enrollee elects to continue to receive\\ncare from such health care provider pursuant to this paragraph, such\\ncare shall be authorized by the comprehensive HIV special needs plan for\\nthe transitional period only if the health care provider agrees: (1) to\\naccept reimbursement from the comprehensive HIV special needs plan at\\nrates established by the plan as payment in full, which rates shall be\\nno more than the level of reimbursement applicable to similar providers\\nwithin the plan's network for such services; (2) to adhere to the\\norganization's quality assurance requirements and agrees to provide to\\nthe plan any necessary medical information related to such care; and (3)\\nto otherwise adhere to the plan's policies and procedures including, but\\nnot limited to procedures regarding referrals and obtaining\\npre-authorization and a treatment plan approved by the comprehensive HIV\\nspecial needs plan. In no event shall this paragraph be construed to\\nrequire a comprehensive HIV special needs plan to provide coverage for\\nbenefits not otherwise covered;\\n 11. The commissioner shall develop and certify capitated payment rates\\nfor comprehensive HIV special needs plans, subject to the approval of\\nthe director of the division of the budget. In developing capitation\\nrates the commissioner shall be authorized to consider, at a minimum,\\nthe age, eligibility category, historic cost and utilization of covered\\nenrollees and covered services, anticipated costs of emerging HIV\\ntreatment modalities and the expected impact of delivering services in a\\nmanaged care environment.\\n 12. Plans certified under this section must submit financial reports\\nin a manner and frequency established by the commissioner.\\n 13. The department shall establish a stop-loss reinsurance program for\\ncomprehensive HIV special needs plans. The stop-loss reinsurance program\\nshall be designed in a manner which promotes the development and ongoing\\nfinancial viability of the comprehensive HIV special needs plan by\\nproviding reasonable protection for catastrophic cases and adverse\\nselection.\\n 14. Quality assurance. (a) The department shall be responsible for\\nestablishing a comprehensive quality assurance program for comprehensive\\nHIV special needs plans. This quality assurance program shall reflect\\nclinical standards of HIV care established and maintained by the AIDS\\nInstitute in the department. The department shall monitor the\\nperformance, quality and utilization of such plans on at least an annual\\nbasis. Such plans must describe and document the existence of a formal,\\norganized quality assurance program with the capacity to identify,\\naddress and follow-up on issues which concern the care and services\\ndelivered to enrollees. Such reviews are to include, but not be limited\\nto, the following:\\n (1) compliance with performance and outcome-based quality standards\\npromulgated by the department;\\n (2) appropriateness, accessibility, timeliness, and quality of care\\ndelivered by such providers;\\n (3) referrals, coordination, monitoring and follow-up with regard to\\nother medical service providers;\\n (4) methods of ensuring enrollees access to specialty services outside\\nthe plan's network or panel when the plan does not have a provider with\\nthe appropriate training and experience in the network or panel to meet\\nthe particular HIV care needs of the participant;\\n (5) delivery of a comprehensive benefit package, including early and\\nperiodic screening; adolescent health; diagnosis and treatment and\\nchild/teen health screenings; referrals for necessary services, and\\nlinkages to HIV counseling and testing; HIV prevention and education\\nactivities;\\n (6) mechanisms for the provision of all information to enrollees in\\nclear and coherent terms that are commonly used in a culturally and\\nlinguistically appropriate and understandable manner;\\n (7) existence of a management information system to support quality\\nassurance activities, which system shall provide for the collection and\\nutilization of data including but not limited to enrollment, complaints,\\nencounters and specific performance indicators; and\\n (b) the commissioner shall have access to patient specific medical\\ninformation and enrollee medical records, including encounter data,\\nmaintained by a comprehensive HIV special needs plan for the purposes of\\nquality assurance and oversight.\\n (c) The department shall be responsible for establishing and\\nmaintaining a uniform system of reports relating to the quality of care\\nand services furnished by comprehensive HIV special needs plans.\\n 15. The commissioner may revoke, limit or annul a comprehensive HIV\\nspecial needs certificate of authority in accordance with the provisions\\nof section forty-four hundred four of this article.\\n 16. Confidentiality. Except as provided in paragraph (c) of\\nsubdivision fourteen of this section, any enrollee information\\nmaintained by a comprehensive HIV special needs plan shall be kept\\nconfidential in accordance with section forty-four hundred eight-a of\\nthis article and where applicable section 33.13 of the mental hygiene\\nlaw and any other applicable state or federal law.\\n 17. Utilization review. A comprehensive HIV special needs plan\\nauthorized under this section is required to meet requirements set forth\\nin article forty-nine of this chapter.\\n 18. Disclosure. Each enrollee and prospective enrollee prior to\\nenrollment in a comprehensive HIV special needs plan shall be provided\\nwith written disclosure information related to enrollee benefits, rights\\nand obligations pursuant to section forty-four hundred eight of this\\narticle.\\n 19. Grievance procedure. Comprehensive HIV special needs plans\\nauthorized under this section shall be required to meet grievance\\nprocedures requirements pursuant to section forty-four hundred eight-a\\nof this article.\\n 20. Prohibitions. A comprehensive HIV special needs plan authorized\\nunder this section shall be required to meet the requirements set forth\\nin section forty-four hundred six-c of this article.\\n 21. The commissioner is authorized, subject to the approval of the\\ndirector of the division of the budget, and within amounts appropriated,\\nto make grants to those entities seeking certification to operate a\\ncomprehensive HIV special needs plan to aid in the development of the\\nsystems, organizational structures and networks necessary to operate a\\nmanaged care program. The commissioner is authorized to develop criteria\\nfor distribution of the grants. The grants may also be used to meet the\\ncapitalization standards and the reserve and escrow deposit requirements\\nestablished for comprehensive HIV special needs plans.\\n 22. Comprehensive HIV special needs plans shall function distinctly\\nfrom other comprehensive or non-comprehensive health plans operated by\\nthe same organization, corporation, persons, county or municipality and\\nshall be clearly distinguished from any other functions through the\\nmaintenance of separate records, reports and accounts for the\\ncomprehensive HIV special needs plan function.\\n 23. The commissioner shall establish reserve and escrow deposit\\nrequirements for HIV special needs plans.\\n 24. Nothing in this section shall be construed to require that a\\nhealth maintenance organization, certified pursuant to the provisions of\\nthis article, apply for a comprehensive HIV special needs plan\\ncertificate of authority pursuant to this section; provided, however,\\nthat a health maintenance organization, certified pursuant to the\\nprovisions of this article, which proposes to operate a comprehensive\\nHIV special needs plan shall be required to comply with all the\\nprovisions of this section.\\n * NB Repealed March 31, 2025\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4403-D", "title" : "Special needs managed care plans", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4403-D", "activeDate" : "2014-09-22", "sequenceNo" : 1760, "repealedDate" : null, "fromSection" : "4403-D", "toSection" : "4403-D", "text" : " § 4403-d. Special needs managed care plans. No person, group of\\npersons, county or counties may operate a special needs managed care\\nplan without first obtaining a certificate of authority from the\\ncommissioner, issued jointly with the commissioner of the office of\\nmental health and the commissioner of the office of alcoholism and\\nsubstance abuse services.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4403-E", "title" : "Primary care partial capitation providers; partial capitation certificate of authority", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2016-04-22", "2019-04-19", "2024-04-26" ], "docLevelId" : "4403-E", "activeDate" : "2019-04-19", "sequenceNo" : 1761, "repealedDate" : null, "fromSection" : "4403-E", "toSection" : "4403-E", "text" : " * § 4403-e. Primary care partial capitation providers; partial\\ncapitation certificate of authority. 1. The commissioner may issue\\npartial capitation certificates of authority to qualified individual\\nmedical services providers, counties or entities comprised of medical\\nservices providers, applying on forms prescribed by the commissioner,\\nseeking to offer medical assistance services, including primary and\\npreventive care and case management of inpatient, emergency room,\\nspecialty, and pharmacy services, to recipients of medical assistance\\neligible to enroll in managed care plans, on a partial capitation basis.\\nPartial capitation certificates of authority shall only be awarded to\\nqualified applicants in rural areas of the state where comprehensive\\nhealth services plans, as defined in section forty-four hundred one of\\nthis article, are not yet available, provided that such certificate\\nshall be awarded only until full capitation becomes practicable.\\nComprehensive primary and preventive care shall include all services and\\nrelated ancillary procedures routinely performed in a primary care\\nphysicians office, including preventive care and immunizations in\\naccordance with CTH periodic schedules and routine\\nobstetrical-gynecological services. Notwithstanding, where partial\\ncapitation providers currently exist, they will be allowed to continue\\noperation. Provided, however, that a shared health facility, as defined\\nin article forty-seven of this chapter, shall not be eligible for such a\\ncertificate.\\n 2. Applications for a partial capitation certificate of authority\\nshall include the following:\\n (a) current licensure or certification;\\n (b) a description of the applicant's experience in providing the\\nservices included as part of comprehensive primary and preventive care,\\nincluding identification of any disciplinary, administrative or criminal\\nproceedings related to such license, certification or services and the\\nresolution thereof;\\n (c) a description of the applicant's financial resources, together\\nwith a copy of the applicant's latest certified financial statement and\\nthe medical malpractice insurance coverage maintained by such applicant;\\n (d) an assessment of the applicant's ability to continue to provide\\nhigh quality services in exchange for payments and to assume the\\nfinancial risk of operating on a partial capitation basis;\\n (e) the geographic area to be served by the applicant;\\n (f) the applicant's current capacity, and proposed capacity to provide\\nor directly arrange for the provision of medical care and services to\\npersons eligible for medical assistance;\\n (g) a statement of intent to contract from the local social services\\ndistrict in which they will operate;\\n (h) a statement describing procedures to be used to monitor the\\nquality of care provided by the plan;\\n (i) such other information as the commissioner shall require; and\\n (j) in the case of an application from a local social services\\ndistrict, such comparable information as the commissioner may require.\\n 3. The commissioner may issue a partial capitation certificate of\\nauthority to an applicant that meets the following criteria:\\n (a) the applicant can demonstrate its ability to control, arrange for\\nand manage in-patient hospital and emergency room care through written\\nagreements with participating hospitals;\\n (b) the applicant is board-certified or board-eligible in his or her\\narea of specialty, or has completed an accredited residency program, or\\nhas admitting privileges at one or more hospitals, or in the case of an\\nentity, all medical services providers affiliated with the applicant are\\nboard-certified or board-eligible in his or her area of specialty, has\\ncompleted an accredited residency program, or has admitting privileges\\nat one or more hospitals;\\n (c) the applicant directly provides or arranges for the delivery of\\ncomprehensive primary and preventive care and services and access to\\nmedical advice and emergency care on a twenty-four hour basis;\\n (d) the applicant has adequate medical malpractice liability insurance\\ncoverage;\\n (e) the applicant has demonstrated it is financially responsible and\\nmay be expected to meet its obligations to its enrolled members. For\\npurposes of this paragraph, \"financially responsible\" means that the\\napplicant shall assume financial risk on a prospective basis for the\\nprovision of comprehensive primary care and preventive services, and can\\nsupport the necessary administrative costs associated with the\\nactivities of a partial capitation plan, for its enrolled members;\\n (f) the applicant has demonstrated the ability to provide high quality\\ncare, and to monitor the quality of care provided via an acceptable\\nformal quality assurance program;\\n (g) the local social services district has provided written evidence\\nof its intention to contract with the plan; and\\n (h) the applicant has demonstrated the ability to track and monitor\\nall services provided to its enrollees, and its ability to submit\\nperiodic cost and utilization reports, as the commissioner may require.\\n * NB Repealed March 31, 2025\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4403-F", "title" : "Managed long term care plans", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-05-01", "2015-11-27", "2016-04-22", "2017-04-21", "2018-04-20", "2018-10-12", "2019-04-19", "2019-11-15", "2020-04-17", "2023-05-12", "2023-06-23", "2024-04-26", "2025-05-16" ], "docLevelId" : "4403-F", "activeDate" : "2019-04-19", "sequenceNo" : 1762, "repealedDate" : null, "fromSection" : "4403-F", "toSection" : "4403-F", "text" : " * § 4403-f. Managed long term care plans. 1. Definitions. As used in\\nthis section:\\n (a) \"Managed long term care plan\" means an entity that has received a\\ncertificate of authority pursuant to this section to provide, or arrange\\nfor, health and long term care services, on a capitated basis in\\naccordance with this section, for a population, age eighteen and over,\\nwhich the plan is authorized to enroll.\\n (b) \"Eligible applicant\" means an entity controlled or wholly owned by\\none or more of the following: a hospital as defined in subdivision one\\nof section twenty-eight hundred one of this chapter; a home care agency\\nlicensed or certified pursuant to article thirty-six of this chapter; an\\nentity that has received a certificate of authority pursuant to sections\\nforty-four hundred three, forty-four hundred three-a or forty-four\\nhundred eight-a of this article (as added by chapter six hundred\\nthirty-nine of the laws of nineteen hundred ninety-six), or a health\\nmaintenance organization authorized under article forty-three of the\\ninsurance law; or a not-for-profit organization which has a history of\\nproviding or coordinating health care services and long term care\\nservices to the elderly and disabled.\\n (c) \"Operating demonstration\" means the following entities: the\\nchronic care management demonstration programs authorized by chapter\\nfive hundred thirty of the laws of nineteen hundred eighty-eight,\\nchapter five hundred ninety-seven of the laws of nineteen hundred\\nninety-four and chapter eighty-one of the laws of nineteen hundred\\nninety-five as amended.\\n (d) \"Health and long term care services\" means services including, but\\nnot limited to home and community-based and institution-based long term\\ncare and ancillary services (that shall include medical supplies and\\nnutritional supplements) that are necessary to meet the needs of persons\\nwhom the plan is authorized to enroll. The managed long term care plan\\nmay also cover primary care and acute care if so authorized.\\n 2. Certificate of authority; form. An eligible applicant shall submit\\nan application for a certificate of authority to operate a managed long\\nterm care plan upon forms prescribed by the commissioner. Such eligible\\napplicant shall submit information and documentation to the commissioner\\nwhich shall include, but not be limited to:\\n (a) a description of the service area proposed to be served by the\\nplan with projections of enrollment that will result in a fiscally sound\\nplan;\\n (b) a description of the proposed target population and the marketing\\nplan;\\n (c) adequate documentation of the appropriate licenses, certifications\\nor approvals to provide care as planned, including contracts with such\\nproviders as may be necessary to provide the full complement of services\\nrequired to be provided under this section.\\n 3. Certificate of authority; approval. The commissioner shall not\\napprove an application for a certificate of authority unless the\\napplicant demonstrates to the commissioner's satisfaction:\\n (a) that it will have in place acceptable quality-assurance\\nmechanisms, grievance procedures, mechanisms to protect the rights of\\nenrollees and case management services to ensure continuity, quality,\\nappropriateness and coordination of care;\\n (b) that it will include an enrollment process which shall ensure that\\nenrollment in the plan is informed. The application shall describe the\\ndisenrollment process, which shall provide that an otherwise eligible\\nenrollee shall not be involuntarily disenrolled on the basis of health\\nstatus;\\n (c) satisfactory evidence of the character and competence of the\\nproposed operators and reasonable assurance that the applicant will\\nprovide high quality services to an enrolled population;\\n (d) sufficient management systems capacity to meet the requirements of\\nthis section and the ability to efficiently process payment for covered\\nservices;\\n (e) readiness and capability to maximize reimbursement of and\\ncoordinate services reimbursed pursuant to title XVIII of the federal\\nsocial security act and all other applicable benefits, with such benefit\\ncoordination including, but not limited to, measures to support sound\\nclinical decisions, reduce administrative complexity, coordinate access\\nto services, maximize benefits available pursuant to such title and\\nensure that necessary care is provided;\\n (f) readiness and capability to arrange and manage covered services\\nand coordinate non-covered services which could include primary,\\nspecialty, and acute care services reimbursed pursuant to title XIX of\\nthe federal social security act;\\n (g) willingness and capability of taking, or cooperating in, all steps\\nnecessary to secure and integrate any potential sources of funding for\\nservices provided by the managed long term care plan, including, but not\\nlimited to, funding available under titles XVI, XVIII, XIX and XX of the\\nfederal social security act, the federal older Americans act of nineteen\\nhundred sixty-five, as amended, or any successor provisions subject to\\napproval of the director of the state office for aging, and through\\nfinancing options such as those authorized pursuant to section three\\nhundred sixty-seven-f of the social services law;\\n (h) that the contractual arrangements for providers of health and long\\nterm care services in the benefit package are sufficient to ensure the\\navailability and accessibility of such services to the proposed enrolled\\npopulation consistent with guidelines established by the commissioner;\\nwith respect to individuals in receipt of such services prior to\\nenrollment, such guidelines shall require the managed long term care\\nplan to contract with agencies currently providing such services, in\\norder to promote continuity of care. In addition, such guidelines shall\\nrequire managed long term care plans to offer and cover consumer\\ndirected personal assistance services for eligible individuals who elect\\nsuch services pursuant to section three hundred sixty-five-f of the\\nsocial services law; and\\n (i) that the applicant is financially responsible and may be expected\\nto meet its obligations to its enrolled members.\\n 4. Solvency. (a) The commissioner shall be responsible for evaluating,\\napproving and regulating all matters relating to fiscal solvency,\\nincluding reserves, surplus and provider contracts. The commissioner may\\npromulgate regulations to implement this section. The commissioner, in\\nthe administration of this subdivision:\\n (i) shall be guided by the standards which govern the fiscal solvency\\nof a health maintenance organization, provided, however, that the\\ncommissioner shall recognize the specific delivery components,\\noperational capacity and financial capability of the eligible applicant\\nfor a certificate of authority;\\n (ii) shall not apply financial solvency standards that exceed those\\nrequired for a health maintenance organization; and\\n (iii) shall establish reasonable capitalization and contingent reserve\\nrequirements.\\n (b) Standards established pursuant to this subdivision shall be\\nadequate to protect the interests of enrollees in managed long term care\\nplans. The commissioner shall be satisfied that the eligible applicant\\nis financially sound, and has made adequate provisions to pay for\\nservices.\\n 4-a. Role of the superintendent of financial services. (a) The\\nsuperintendent of financial services shall determine and approve\\npremiums in accordance with the insurance law whenever any population of\\nenrollees not eligible under title XIX of the federal social security\\nact is to be covered. The determination and approval of the\\nsuperintendent of financial services shall relate to premiums charged to\\nsuch enrollees not eligible under title XIX of the federal social\\nsecurity act.\\n (b) The superintendent of financial services shall evaluate and\\napprove any enrollee contracts whenever such enrollee contracts are to\\ncover any population of enrollees not eligible under title XIX of the\\nfederal social security act.\\n 5. Applicability of other laws. A managed long term care plan shall be\\nsubject to the provisions of the insurance law and regulations\\napplicable to health maintenance organizations, this article and\\nregulations promulgated pursuant thereto. To the extent that the\\nprovisions of this section are inconsistent with the provisions of this\\nchapter or the provisions of the insurance law, the provisions of this\\nsection shall prevail.\\n 6. Approval authority. (a) An applicant shall be issued a certificate\\nof authority as a managed long term care plan upon a determination by\\nthe commissioner that the applicant complies with the operating\\nrequirements for a managed long term care plan under this section. The\\ncommissioner shall issue no more than seventy-five certificates of\\nauthority to managed long term care plans pursuant to this section.\\n (b) An operating demonstration shall be issued a certificate of\\nauthority as a managed long term care plan upon a determination by the\\ncommissioner that such demonstration complies with the operating\\nrequirements for a managed long term care plan under this section.\\nNothing in this section shall be construed to affect the continued legal\\nauthority of an operating demonstration to operate its previously\\napproved program.\\n (c) For the period beginning April first, two thousand twelve and\\nending March thirty-first, two thousand fifteen, the majority leader of\\nthe senate and the speaker of the assembly may each recommend to the\\ncommissioner, in writing, up to four eligible applicants to convert to\\nbe approved managed long term care plans. An applicant shall only be\\napproved and issued a certificate of authority if the commissioner\\ndetermines that the applicant meets the requirements of subdivision\\nthree of this section. The majority leader of the senate or the speaker\\nof the assembly may assign their authority to recommend one or more\\napplicants under this section to the commissioner.\\n 7. Program oversight and administration. (a)(i) The commissioner shall\\npromulgate regulations to implement this section and to ensure the\\nquality, appropriateness and cost-effectiveness of the services provided\\nby managed long term care plans. The commissioner may waive rules and\\nregulations of the department, including but not limited to, those\\npertaining to duplicative requirements concerning record keeping, boards\\nof directors, staffing and reporting, when such waiver will promote the\\nefficient delivery of appropriate, quality, cost-effective services and\\nwhen the health, safety and general welfare of enrollees will not be\\nimpaired as a result of such waiver. In order to achieve managed long\\nterm care plan system efficiencies and coordination and to promote the\\nobjectives of high quality, integrated and cost effective care, the\\ncommissioner may establish a single coordinated surveillance process,\\nallow for a comprehensive quality improvement and review process to meet\\ncomponent quality requirements, and require a uniform cost report. The\\ncommissioner shall require managed long term care plans to utilize\\nquality improvement measures, based on health outcomes data, for\\ninternal quality assessment processes and may utilize such measures as\\npart of the single coordinated surveillance process.\\n (ii) Notwithstanding any inconsistent provision of the social services\\nlaw to the contrary, the commissioner shall, pursuant to regulation,\\ndetermine whether and the extent to which the applicable provisions of\\nthe social services law or regulations relating to approvals and\\nauthorizations of, and utilization limitations on, health and long term\\ncare services reimbursed pursuant to title XIX of the federal social\\nsecurity act, including, but not limited to, fiscal assessment\\nrequirements, are inconsistent with the flexibility necessary for the\\nefficient administration of managed long term care plans and such\\nregulations shall provide that such provisions shall not be applicable\\nto enrollees or managed long term care plans, provided that such\\ndeterminations are consistent with applicable federal law and\\nregulation, and subject to the provisions of subdivision eight of\\nsection three hundred sixty-five-a of the social services law.\\n * (b) (i) The commissioner shall, to the extent necessary, submit the\\nappropriate waivers, including, but not limited to, those authorized\\npursuant to sections eleven hundred fifteen and nineteen hundred fifteen\\nof the federal social security act, or successor provisions, and any\\nother waivers necessary to achieve the purposes of high quality,\\nintegrated, and cost effective care and integrated financial eligibility\\npolicies under the medical assistance program or pursuant to title XVIII\\nof the federal social security act. In addition, the commissioner is\\nauthorized to submit the appropriate waivers, including but not limited\\nto those authorized pursuant to sections eleven hundred fifteen and\\nnineteen hundred fifteen of the federal social security act or successor\\nprovisions, and any other waivers necessary to require on or after April\\nfirst, two thousand twelve, medical assistance recipients who are\\ntwenty-one years of age or older and who require community-based long\\nterm care services, as specified by the commissioner, for a continuous\\nperiod of more than one hundred and twenty days, to receive such\\nservices through an available plan certified pursuant to this section or\\nother program model that meets guidelines specified by the commissioner\\nthat support coordination and integration of services. Such guidelines\\nshall address the requirements of paragraphs (a), (b), (c), (d), (e),\\n(f), (g), (h), and (i) of subdivision three of this section as well as\\npayment methods that ensure provider accountability for cost effective\\nquality outcomes. Such other program models may include long term home\\nhealth care programs that comply with such guidelines. Copies of such\\noriginal waiver applications and amendments thereto shall be provided to\\nthe chairs of the senate finance committee, the assembly ways and means\\ncommittee and the senate and assembly health committees simultaneously\\nwith their submission to the federal government.\\n (ii) The commissioner, shall seek input from representatives of home\\nand community-based long term care services providers, recipients, and\\nthe Medicaid managed care advisory review panel, among others, to\\nfurther evaluate and promote the transition of persons in receipt of\\nhome and community-based long term care services into managed long term\\ncare plans and other care coordination models and to develop guidelines\\nfor such care coordination models. The guidelines shall be finalized and\\nposted on the department's website no later than November fifteen, two\\nthousand eleven.\\n (v) The following medical assistance recipients shall not be eligible\\nto participate in a managed long term care program or other care\\ncoordination model established pursuant to this paragraph until program\\nfeatures and reimbursement rates are approved by the commissioner and,\\nas applicable, the commissioner of developmental disabilities:\\n (1) a person enrolled in a managed care plan pursuant to section three\\nhundred sixty-four-j of the social services law;\\n (2) a participant in the traumatic brain injury waiver program or a\\nperson whose circumstances would qualify him or her for the program as\\nit existed on January first, two thousand fifteen;\\n (3) a participant in the nursing home transition and diversion waiver\\nprogram or a person whose circumstances would qualify him or her for the\\nprogram as it existed on January first, two thousand fifteen;\\n (4) a person enrolled in the assisted living program;\\n (5) a person enrolled in home and community based waiver programs\\nadministered by the office for people with developmental disabilities;\\n (6) a person who is expected to be eligible for medical assistance for\\nless than six months, for a reason other than that the person is\\neligible for medical assistance only through the application of excess\\nincome toward the cost of medical care and services;\\n (7) a person who is eligible for medical assistance benefits only with\\nrespect to tuberculosis-related services;\\n (8) a person receiving hospice services at time of enrollment;\\nprovided, however, that this clause shall not be construed to require an\\nindividual enrolled in a managed long term care plan or another care\\ncoordination model, who subsequently elects hospice, to disenroll from\\nsuch program;\\n (9) a person who has primary medical or health care coverage available\\nfrom or under a third-party payor which may be maintained by payment, or\\npart payment, of the premium or cost sharing amounts, when payment of\\nsuch premium or cost sharing amounts would be cost-effective, as\\ndetermined by the social services district;\\n (10) a person receiving family planning services pursuant to\\nsubparagraph six of paragraph (b) of subdivision one of section three\\nhundred sixty-six of the social services law;\\n (11) a person who is eligible for medical assistance pursuant to\\nparagraph (b) of subdivision four of section three hundred sixty-six of\\nthe social services law;\\n (12) Native Americans; and\\n (13) a person who is permanently placed in a nursing home for a\\nconsecutive period of three months or more. In implementing this\\nprovision, the department shall continue to support service delivery and\\noutcomes that result in community living for enrollees.\\n (v-a) For purposes of clause two of subparagraph (v) of this\\nparagraph, program features shall be substantially comparable to those\\nservices available to traumatic brain injury waiver participants as of\\nJanuary first, two thousand fifteen, subject to federal financial\\nparticipation.\\n (v-b) For purposes of clause three of subparagraph (v) of this\\nparagraph, program features shall be substantially comparable to those\\nservices offered to nursing home transition and diversion waiver\\nparticipants as of January first, two thousand fifteen, subject to\\nfederal financial participation.\\n (v-c) Any managed care program providing services under clause two or\\nthree of subparagraph (v) of this paragraph shall have an adequate\\nnetwork of trained providers to meet the needs of enrollees and provide\\nservices under this subdivision.\\n (v-d) Any individual providing service coordination pursuant to\\nsubparagraph (v-a) or (v-b) of this paragraph shall exercise his or her\\nprofessional duties in the interests of the patient. Nothing in this\\nsubparagraph shall be construed as diminishing the authority and\\nobligations of a managed long term care plan under this article and\\narticle forty-nine of this chapter.\\n (vi) persons required to enroll in the managed long term care program\\nor other care coordination model established pursuant to this paragraph\\nshall have no less than thirty days to select a managed long term care\\nprovider, and shall be provided with information to make an informed\\nchoice. Where a participant has not selected such a provider, the\\ncommissioner shall assign such participant to a managed long term care\\nprovider, taking into account quality, capacity and geographic\\naccessibility.\\n (vii) If another long term care plan certified under this section is\\navailable, medical assistance recipients required to enroll in such\\nplans pursuant to this section, including recipients who have been\\nassigned to a provider by the commissioner, may change plans without\\ncause within ninety days of either notification of enrollment or the\\neffective date of enrollment into a plan, whichever is later, by\\nsubmitting a request to the entity designated by the department in a\\nformat to be determined by the department. In accordance with federal\\nstatutes and regulations, after such ninety-day period, the department\\nmay prohibit a recipient from changing plans more frequently than once\\nevery twelve months, except for good cause. Good cause may include poor\\nquality of care, lack of access to covered services, lack of access to\\nproviders experienced in dealing with the enrollee's care needs, or as\\notherwise determined by the commissioner.\\n (viii) Managed long term care provided and plans certified or other\\ncare coordination model established pursuant to this paragraph shall\\ncomply with the provisions of paragraphs (d), (i), (t), and (u) and\\nsubparagraph (iii) of paragraph (a) and subparagraph (iv) of paragraph\\n(e) of subdivision four of section three hundred sixty-four-j of the\\nsocial services law.\\n (ix) (1) The commissioner shall report biannually on the\\nimplementation of this subdivision. The reports shall include, but not\\nbe limited to:\\n (A) satisfaction of enrollees with care coordination/case management;\\ntimeliness of care;\\n (B) service utilization data including changes in the level, hours,\\nfrequency, and types of services and providers;\\n (C) enrollment data, including auto-assignment rates by plan;\\n (D) quality data; and\\n (E) continuity of care for participants as they move to managed long\\nterm care, with respect to community based and nursing home populations,\\nincluding pediatric nursing home populations, and medically fragile\\nchildren being served by home care agencies affiliated with pediatric\\nnursing homes and diagnostic and treatment centers primarily serving\\nmedically fragile children.\\n (2) The commissioner shall publish the report on the department's\\nwebsite and provide notice to the temporary president of the senate, the\\nspeaker of the assembly, the chair of the senate standing committee on\\nhealth, the chair of the assembly health committee and the Medicaid\\nManaged Care Advisory Review Panel upon availability of the report. The\\ninitial report shall be provided by September first, two thousand\\ntwelve. The reports shall be made available by each February first, and\\nSeptember first thereafter. Such reports shall be formatted to allow\\ncomparisons between plans.\\n * NB Effective until April 1, 2023\\n * (b) The commissioner shall, to the extent necessary, submit the\\nappropriate waivers, including, but not limited to, those authorized\\npursuant to sections eleven hundred fifteen and nineteen hundred fifteen\\nof the federal social security act, or successor provisions, and any\\nother waivers necessary to achieve the purposes of high quality,\\nintegrated, and cost effective care and integrated financial eligibility\\npolicies under the medical assistance program or pursuant to title XVIII\\nof the federal social security act. Copies of such original waiver\\napplications shall be provided to the chairman of the senate finance\\ncommittee and the chairman of the assembly ways and means committee\\nsimultaneously with their submission to the federal government.\\n * NB Effective April 1, 2023\\n (c)(i) A managed long term care plan shall not use deceptive or\\ncoercive marketing methods to encourage participants to enroll. A\\nmanaged long term care plan shall not distribute marketing materials to\\npotential enrollees before such materials have been approved by the\\ncommissioner.\\n (ii) The commissioner shall ensure, through periodic reviews of\\nmanaged long term care plans, that enrollment was an informed choice;\\nsuch plan has only enrolled persons whom it is authorized to enroll, and\\nplan services are promptly available to enrollees when appropriate. Such\\nperiodic reviews shall be made according to standards as determined by\\nthe commissioner in regulations.\\n (d) Notwithstanding any provision of law, rule or regulation to the\\ncontrary, the commissioner may issue a request for proposals to carry\\nout reviews of enrollment and assessment activities in managed long term\\ncare plans and operating demonstrations with respect to enrollees\\neligible to receive services under title XIX of the federal social\\nsecurity act to determine if enrollment meets the requirements of\\nsubparagraph (ii) of paragraph (c) of this subdivision; and that\\nassessments of such enrollees' health, functional and other status, for\\nthe purpose of adjusting premiums, were accurate.\\n (e) The commissioner may, in his or her discretion for the purpose of\\nprotection of enrollees, impose measures including, but not limited to,\\nbans on further enrollments and requirements for use of enrollment\\nbrokers until any identified problems are resolved to the satisfaction\\nof the commissioner.\\n (f) Continuation of a certificate of authority issued under this\\nsection shall be contingent upon satisfactory performance by the managed\\nlong term care plan in the delivery, continuity, accessibility, cost\\neffectiveness and quality of the services to enrolled members;\\ncompliance with applicable provisions of this section and rules and\\nregulations promulgated thereunder; the continuing fiscal solvency of\\nthe organization; and, federal financial participation in payments on\\nbehalf of enrollees who are eligible to receive services under title XIX\\nof the federal social security act.\\n (g) * (i) Managed long term care plans and demonstrations may enroll\\neligible persons in the plan or demonstration upon the completion of a\\ncomprehensive assessment that shall include, but not be limited to, an\\nevaluation of the medical, social, cognitive, and environmental needs of\\neach prospective enrollee in such program. This assessment shall also\\nserve as the basis for the development and provision of an appropriate\\nplan of care for the enrollee. Upon approval of federal waivers pursuant\\nto paragraph (b) of this subdivision which require medical assistance\\nrecipients who require community-based long term care services to enroll\\nin a plan, and upon approval of the commissioner, a plan may enroll an\\napplicant who is currently receiving home and community-based services\\nand complete the comprehensive assessment within thirty days of\\nenrollment provided that the plan continues to cover transitional care\\nuntil such time as the assessment is completed.\\n * NB Effective until April 1, 2023\\n * (i) Managed long term care plans and demonstrations may enroll\\neligible persons in the plan or demonstration upon the completion of a\\ncomprehensive assessment that shall include, but not be limited to, an\\nevaluation of the medical, social and environmental needs of each\\nprospective enrollee in such program. This assessment shall also serve\\nas the basis for the development and provision of an appropriate plan of\\ncare for the prospective enrollee.\\n * NB Effective April 1, 2023\\n (ii) The assessment shall be completed by a representative of the\\nmanaged long term care plan or demonstration, in consultation with the\\nprospective enrollee's health care practitioner as necessary. The\\ncommissioner shall prescribe the forms on which the assessment shall be\\nmade.\\n (iii) The enrollment application shall be submitted by the managed\\nlong term care plan or demonstration to the entity designated by the\\ndepartment prior to the commencement of services under the managed long\\nterm care plan or demonstration. Enrollments conducted by a plan or\\ndemonstration shall be subject to review and audit by the department or\\na contractor selected pursuant to paragraph (d) of this subdivision.\\n (iv) Continued enrollment in a managed long term care plan or\\ndemonstration paid for by government funds shall be based upon a\\ncomprehensive assessment of the medical, social and environmental needs\\nof the recipient of the services. Such assessment shall be performed at\\nleast every six months by the managed long term care plan serving the\\nenrollee. The commissioner shall prescribe the forms on which the\\nassessment will be made.\\n (h) * The commissioner and, in the case of a plan arranging for or\\nproviding services operated, certified, funded, authorized or approved\\nby the office for people with developmental disabilities, the\\ncommissioner of the office for people with developmental disabilities,\\nshall, upon request by a managed long term care plan or operating\\ndemonstration, and consistent with federal regulations promulgated\\npursuant to the Health Insurance Portability and Accountability Act,\\nshare with such plan or demonstration the following data if it is\\navailable:\\n * NB Effective until September 30, 2023\\n * The commissioner shall, upon request by a managed long term care\\nplan or operating demonstration, and consistent with federal regulations\\npromulgated pursuant to the Health Insurance Portability and\\nAccountability Act, share with such plan or demonstration the following\\ndata if it is available:\\n * NB Effective September 30, 2023\\n (i) information concerning utilization of services and providers by\\neach of its enrollees prior to and during enrollment, including but not\\nlimited to utilization of emergency department services, prescription\\ndrugs, and hospital and nursing facility admissions.\\n (ii) aggregate data concerning utilization and costs for enrollees and\\nfor comparable cohorts served through the Medicaid fee-for-service\\nprogram.\\n (j) Limitations on licensed home care service agency contracts. (i)\\nThe commissioner may establish methodologies to limit the number of\\nlicensed home care services agencies licensed pursuant to article\\nthirty-six of the public health law with which managed long term care\\nplans may enter into contracts, provided that such limitations are\\nconsistent with the specifications set forth in this paragraph.\\n (ii) Managed long term care plans operating in the city of New York\\nand/or the counties of Nassau, Suffolk, and Westchester may enter into\\ncontracts with licensed home care services agencies in such region in a\\nmaximum number calculated based upon the following methodology:\\n (A) As of October first, two thousand eighteen, one contract per\\nseventy-five members enrolled in the plan within such region; and\\n (B) As of October first, two thousand nineteen, one contract per one\\nhundred members enrolled in the plan within such region.\\n (iii) Managed long term care plans operating in counties other than\\nthose in the city of New York and the counties of Nassau, Suffolk, and\\nWestchester may enter into contracts with licensed home care services\\nagencies in such region in a maximum number calculated based upon the\\nfollowing methodology:\\n (A) As of October first, two thousand eighteen, one contract per\\nforty-five members enrolled in the plan within such region.\\n (B) As of October first, two thousand nineteen, one contract per sixty\\nmembers enrolled in the plan within such region.\\n (iv) Notwithstanding subparagraphs (ii) and (iii) of this paragraph, a\\nmanaged long term care plan shall not enter into less than the number of\\ncontracts with licensed home care services agencies in each county in\\nwhich the plan operates as is necessary to remain consistent with\\nnetwork adequacy standards, as determined by the department in\\naccordance with federal regulations.\\n (v) When calculating the number of additional contracts that a managed\\nlong term care plan may enter using the methodologies established\\npursuant to this paragraph, any fractional result shall be rounded down.\\n (vi) The commissioner may increase the number of licensed home care\\nservices agencies with which a managed long term care plan may contract,\\non a county by county basis, if the commissioner determines that such\\nincrease is necessary to: ensure adequate access to services in the\\ngeographic area including, but not limited to, special needs services\\nand services that are culturally and linguistically appropriate; or to\\navoid disruption in services in the geographic area.\\n (vii) Any licensed home care services agency that ceases operation as\\na result of this paragraph shall conform with all applicable\\nrequirements, including but not limited to demonstrating to the\\ndepartment's satisfaction continuity of care for individuals receiving\\nservices from the agency.\\n (viii) The commissioner may require managed long term care plans to\\nprovide evidence of compliance with this paragraph, on an annual basis.\\n (ix) In implementing the provisions of this paragraph, the\\ncommissioner shall, to the extent practicable, consider and select\\nmethodologies that seek to maximize continuity of care and minimize\\ndisruption to the provider labor workforce, and shall, to the extent\\npracticable and consistent with the ratios set forth herein, continue to\\nsupport contracts between managed long term care plans and licensed home\\ncare services agencies that are based on a commitment to quality and\\nvalue.\\n (x) This subparagraph applies where implementation of the limits on\\ncontracts with licensed home care service agencies of this paragraph (i)\\nwould otherwise require an enrollee's care to be transferred from the\\nenrollee's current licensed home care service agency to another licensed\\ncare service agency, and (ii) the enrollee (or the enrollee's authorized\\nrepresentative) wants the enrollee to continue to be cared for by one or\\nmore employees of the current licensed home care service agency, and\\nthat continuation would otherwise be provided. In such a case: the\\nenrollee's managed long term care plan may contract with the enrollee's\\ncurrent licensed home care service agency for the purpose of continuing\\nthe enrollee's care by such employee or employees, and the contract\\nshall not count towards the limits on contracts under this paragraph for\\na period of three months.\\n 8. Payment rates for managed long term care plan enrollees eligible\\nfor medical assistance. The commissioner shall establish payment rates\\nfor services provided to enrollees eligible under title XIX of the\\nfederal social security act. Such payment rates shall be subject to\\napproval by the director of the division of the budget and shall reflect\\nsavings to both state and local governments when compared to costs which\\nwould be incurred by such program if enrollees were to receive\\ncomparable health and long term care services on a fee-for-service basis\\nin the geographic region in which such services are proposed to be\\nprovided. Payment rates shall be risk-adjusted to take into account the\\ncharacteristics of enrollees, or proposed enrollees, including, but not\\nlimited to: frailty, disability level, health and functional status,\\nage, gender, the nature of services provided to such enrollees, and\\nother factors as determined by the commissioner. The risk adjusted\\npremiums may also be combined with disincentives or requirements\\ndesigned to mitigate any incentives to obtain higher payment categories.\\nIn setting such payment rates, the commissioner shall consider costs\\nborne by the managed care program to ensure actuarially sound and\\nadequate rates of payment to ensure quality of care shall comply with\\nall applicable laws and regulations, state and federal, including\\nregulations as to actuarial soundness for medicaid managed care.\\n 8-a. Rates for certain residential health care facilities.\\nNotwithstanding any other provision of law or regulation to the\\ncontrary, any residential health care facility established pursuant to\\narticle twenty-eight of this chapter located in a county with a\\npopulation of more than seventy-two thousand and less than seventy-five\\nthousand persons based on the two thousand ten federal census shall be\\nreimbursed by any managed long term care plan, approved pursuant to this\\nsection and contracting with the department, at a rate of no less than\\none hundred four percent of the average rate of reimbursement in\\nexistence on March first, two thousand eighteen for such county.\\n 9. Reports. The department shall provide an interim report to the\\ngovernor, temporary president of the senate and the speaker of the\\nassembly on or before April first, two thousand three and a final report\\non or before April first, two thousand six on the results of the managed\\nlong term care plans under this section. Such results shall be based on\\ndata provided by the managed long term care plans and shall include but\\nnot be limited to the quality, accessibility and appropriateness of\\nservices; consumer satisfaction; the mean and distribution of impairment\\nmeasures of the enrollees by payor for each plan; the current method of\\ncalculating premiums and the cost of comparable health and long term\\ncare services provided on a fee-for-service basis for enrollees eligible\\nfor services under title XIX of the federal social security act; and the\\nresults of periodic reviews of enrollment levels and practices. Such\\nreports shall provide data on the demographic and clinical\\ncharacteristics of enrollees, voluntary and involuntary disenrollments\\nfrom plans, and utilization of services and shall examine the\\nfeasibility of increasing the number of plans that may be approved. Data\\ncollected pursuant to this section shall be available to the public in\\nan aggregated format to protect individual confidentiality, however\\nunder no circumstance will data be released on items with cells with\\nsmaller than statistically acceptable standards.\\n 10. Notwithstanding any inconsistent provision to the contrary, the\\nenrollment and disenrollment process and services provided or arranged\\nby all operating demonstrations or any program that receives designation\\nas a Program of All-Inclusive Care for the Elderly (PACE) as authorized\\nby federal public law 105-33, subtitle I of title IV of the Balanced\\nBudget Act of 1997, must meet all applicable federal requirements.\\nServices may include, but need not be limited to, housing, inpatient and\\noutpatient hospital services, nursing home care, home health care, adult\\nday care, assisted living services provided in accordance with article\\nforty-six-B of this chapter, adult care facility services, enriched\\nhousing program services, hospice care, respite care, personal care,\\nhomemaker services, diagnostic laboratory services, therapeutic and\\ndiagnostic radiologic services, emergency services, emergency alarm\\nsystems, home delivered meals, physical adaptations to the client's\\nhome, physician care (including consultant and referral services),\\nancillary services, case management services, transportation, and\\nrelated medical services.\\n 11. The department shall develop transition and continuity of care\\npolicies for participants in home and community based long term care,\\nincluding the long term home health care program, as they move to\\nmanaged long term care plans addressing:\\n (a) a timetable and plan for implementation and transition by\\nparticipants, plans and providers;\\n (b) informative disclosure of participants' options as to impending\\nactions affecting or relating to the home care services they receive;\\n (c) reasonable opportunity for plans' and providers' good faith\\npursuit of contracts, program changes or state approvals relevant to\\nplan implementation;\\n (d) notice that a participant with a previously established plan of\\ncare provided by a certified home health agency or long term home health\\ncare program, or provided pursuant to the personal care or consumer\\ndirected personal assistance service programs, may elect to have such\\ncare plan continued subject to the participant's next comprehensive\\nassessment; and\\n (e) delineation of responsibilities for service delivery and care\\ncoordination, so as to avoid conflict, duplication and unnecessary\\ndisruption of direct care staffing for the patient, and maintain\\ncompliance with state and federal statute and regulation, including the\\nprovisions of this section, article thirty-six of this chapter and\\nsection three hundred sixty-five-f of the social services law.\\n In addition, the department shall provide technical assistance to long\\nterm home health care providers with contracting options under this\\nsection. The department shall work with affected stakeholders in the\\ndevelopment of these policies.\\n 11-a. In transitioning individuals to managed long term care, the\\ndepartment shall provide oversight of long term managed care by\\nensuring:\\n (a) participants are appropriately notified of the upcoming changes to\\ntheir health care, and their rights and options;\\n (b) access to appropriate enrollment assistance, consumer assistance\\nand complaint mechanisms;\\n (c) access to quality care by requiring network transparency and\\nchoice of long term care plans, allowing patients to choose the plan\\nthat best fits their needs;\\n (d) transparency and accountability from providers, which shall\\ninclude a mechanism by which staff, participants and family members can\\nconfidentially report concerns relating to quality to the plan and the\\nstate;\\n (e) plans and providers are assessed periodically and data is\\npublished regarding enrollment in integrated care designs, network\\nadequacy, new service designs, outcome measures, including the extent to\\nwhich care plans are continued or altered based upon new comprehensive\\nassessments, and the types and amounts of services health plans have\\nauthorized;\\n (f) mechanisms are in place to state oversight of enrollment and\\nservices to prevent waste and abuse in the managed long term care\\nsystem; and\\n (g) incentives are provided for a variety of indicators, including but\\nnot limited to, smooth patient transitions, appropriate enrollment,\\nquality care, high staff retention and positive health care outcomes\\nachieved at a low cost.\\n 11-b. In cases of a managed long term care plan merger, acquisition,\\nor other similar arrangement approved by the department, any receiving\\nplan that is a party to the arrangement shall submit a report to the\\ndepartment within twelve months of the effective date of the\\ntransaction. Such reports shall be in a form and format to be determined\\nby the department and shall include, but not be limited to, information\\nabout the enrollees transferred and enrollee service authorization data\\nbefore and after transfer. The department shall make a summary of the\\nreport available to the public.\\n ** 12. The commissioner may make any necessary amendments to a\\ncontract pursuant to this section with a managed long term care plan, as\\ndefined in paragraph (a) of subdivision one of this section, to allow\\nsuch managed long term care plan to participate as a qualified health\\nplan in a state health benefit exchange established pursuant to the\\nfederal Patient Protection and Affordable Care Act (P.L. 111-148), as\\namended by the federal Health Care and Education Reconciliation Act of\\n2010 (P.L. 111-152).\\n ** NB There are 2 sb 12's\\n ** 12. Notwithstanding any provision to the contrary, a managed long\\nterm care plan may expand the services it provides or arranges for to\\ninclude services operated, certified, funded, authorized or approved by\\nthe office for people with developmental disabilities for a population\\nof persons with developmental disabilities, as such term is defined in\\nthe mental hygiene law, including habiltiation services as defined in\\nparagraph (c) of subdivision one of section forty-four hundred three-g\\nof this article, subject to the following:\\n (a) Such plan must have the ability to provide or coordinate services\\nfor persons with developmental disabilities as demonstrated by criteria\\nto be determined by the commissioner and the commissioner of the office\\nfor people with developmental disabilities. Such criteria shall include,\\nbut not be limited to, adequate experience providing or coordinating\\nservices for persons with developmental disabilities;\\n (a-1) If the commissioner and the commissioner of the office for\\npeople with developmental disabilities determine that such plan lacks\\nthe experience required in paragraph (a) of this subdivision, the plan\\nshall have an affiliation arrangement with an entity or entities that\\nare non-profit organizations or organizations whose shareholders are\\nsolely controlled by non-profit organizations with experience serving\\npersons with developmental disabilities, as demonstrated by criteria to\\nbe determined by the commissioner and the commissioner of the office for\\npeople with developmental disabilities, with such criteria including,\\nbut not limited to, residential, day and employment services, such that\\nthe affiliated entity will coordinate and plan services operated,\\ncertified, funded, authorized or approved by the office for people with\\ndevelopmental disabilities or will oversee and approve such coordination\\nand planning;\\n (a-2) Each enrollee shall receive services designed to achieve\\nperson-centered outcomes, to enable that person to live in the most\\nintegrated setting appropriate to that person's needs, and to enable\\nthat person to interact with nondisabled persons to the fullest extent\\npossible in social, workplace and other community settings, provided\\nthat all such services are consistent with such person's wishes to the\\nextent that such wishes are known. With respect to an individual\\nreceiving non-residential services operated, certified, funded,\\nauthorized or approved by the office for people with developmental\\ndisabilities prior to enrollment in the plan, such guidelines shall\\nrequire the plan to contract with the current provider of such\\nnon-residential services at the rates established by the office for\\nninety days in order to ensure continuity of care. With respect to an\\nindividual living in a residential facility operated or certified by the\\noffice for people with developmental disabilities prior to enrollment in\\nthe plan, the plan shall contract with the provider of residential\\nservices for that residence at the rates established by the office for\\npeople with developmental disabilities for so long as such individual\\nlives in that residence pursuant to an approved plan of care;\\n (b) The provision by such plan of services operated, certified,\\nfunded, authorized or approved by the office for people with\\ndevelopmental disabilities shall be subject the joint oversight and\\nreview of both the department and the office for people with\\ndevelopmental disabilities. The department and such office shall\\nrequire such organization to provide comprehensive care planning, assess\\nquality, meet quality assurance requirements and ensure the enrollee is\\ninvolved in care planning;\\n (c) Such plan shall not provide or arrange for services operated,\\ncertified, funded, authorized or approved by the office for people with\\ndevelopmental disabilities until the commissioner and the commissioner\\nof the office for people with developmental disabilities approve program\\nfeatures and rates that include such services, and determine that such\\norganization meets the requirements of this subdivision and any other\\nrequirements set forth by the commissioner of the office for people with\\ndevelopmental disabilities;\\n (d) An otherwise eligible enrollee receiving services through the plan\\nthat are operated, certified, funded, authorized or approved by the\\noffice for people with developmental disabilities shall not be\\ninvoluntarily disenrolled from such plan without the prior approval of\\nthe commissioner of the office for people with developmental\\ndisabilities. Notice shall be provided to the enrollee and the enrollee\\nmay request a fair hearing regarding such disenrollment;\\n (e) The office for people with developmental disabilities shall\\ndetermine the eligibility of individuals receiving services operated,\\ncertified, funded, authorized or approved by such office to enroll in\\nsuch plan and shall enroll individuals it determines eligible in a plan\\nchosen by such individual, guardian or other legal representative;\\n (f) The office for people with developmental disabilities, or its\\ndesignee, shall complete a comprehensive assessment for enrollees who\\nreceive services operated, certified, funded, authorized or approved by\\nsuch office. This assessment shall include, but not be limited to, an\\nevaluation of the medical, social, habilitative and environmental needs\\nof each prospective enrollee as such needs relate to each individual's\\nhealth, safety, living environment and wishes, to the extent that such\\nwishes are known. This assessment shall also serve as the basis for the\\ndevelopment and provision of an appropriate plan of care for the\\nenrollee. Such plan of care shall be focused on the achievement of\\nperson-centered outcomes and shall be consistent with and help inform\\nany other person-centered plan required for the enrollee by the\\ncommissioner of the office for people with developmental disabilities.\\nThe initial assessment shall be completed by such office or a designee\\nother than the plan and shall be completed in consultation with the\\nprospective enrollee's health care practitioner as necessary.\\nReassessments shall be completed by such office or its designee, which\\nmay be the managed long term care plan in which the person is enrolled\\nor proposes to enroll. The commissioner of the office for people with\\ndevelopmental disabilities shall prescribe the forms on which the\\nassessment shall be made.\\n (f-1) The plan shall provide the department and the office for people\\nwith developmental disabilities with a description of the proposed\\nmarketing plan and how marketing materials will be presented to persons\\nwith developmental disabilities or their authorized decision makers for\\nthe purposes of enabling them to make an informed choice.\\n (g) Plans providing services operated, certified, funded, authorized\\nor approved by the office for people with developmental disabilities\\nshall be subject to all requirements applicable to DISCOs operating\\nunder section forty-four hundred three-g of this article with respect to\\nquality assurance, grievances and appeals, informed choice,\\nparticipation in development of plans of care and requirements with\\nrespect to marketing, to the extent that such requirements are not\\ninconsistent with this section.\\n (h) No person with a developmental disability shall be required to\\nenroll in a managed long term care plan as a condition of receiving\\nmedical assistance and services operated, certified, funded, authorized\\nor approved by the office for people with developmental disabilities\\nuntil program features and reimbursement rates are approved by the\\ncommissioner and the commissioner of the office for people with\\ndevelopmental disabilities and until such commissioners determine that\\nthere are a sufficient number of plans authorized to coordinate care for\\npersons with developmental disabilities pursuant to this article\\noperating in the person's county of residence to meet the needs of\\npersons with developmental disabilities, and that such plans meet the\\nstandards of this section.\\n ** NB Repealed September 30, 2023\\n ** NB There are 2 sb 12's\\n ** 13. Notwithstanding any inconsistent provision to the contrary, the\\ncommissioner may issue a certificate of authority to no more than three\\neligible applicants who are eligible for Medicare and medical assistance\\nto operate managed long term care plans that are authorized to\\nexclusively enroll persons with developmental disabilities, as such term\\nis defined in section 1.03 of the mental hygiene law. The commissioner\\nmay only issue certificates of authority pursuant to this subdivision\\nif, and to the extent that, the department has received federal approval\\nto operate a fully integrated duals advantage program for the\\nintegration of services for persons enrolled in Medicare and medical\\nassistance. The commissioner may waive any of the department's\\nregulations as the commissioner, in consultation with the commissioner\\nof the office for people with developmental disabilities, deems\\nnecessary to allow such managed long term care plans to provide or\\narrange for services for persons with developmental disabilities that\\nare adequate and appropriate to meet the needs of such individuals and\\nthat will ensure their health and safety.\\n ** NB Repealed September 30, 2023\\n ** 14. The provisions of subdivisions twelve and thirteen of this\\nsection shall only be effective if, for so long as, and to the extent\\nthat federal financial participation is available for the costs of\\nservices provided thereunder to recipients of medical assistance\\npursuant to title eleven of article five of the social services law. The\\ncommissioner shall make any necessary amendments to the state plan for\\nmedical assistance submitted pursuant to section three hundred\\nsixty-three-a of the social services law, and/or submit one or more\\napplications for waivers of the federal social security act, as may be\\nnecessary to ensure such federal financial participation. To the extent\\nthat the provisions of subdivision twelve and thirteen of this section\\nare inconsistent with other provisions of this article or with the\\nprovisions of section three hundred sixty-four-j of the social services\\nlaw, the provisions of this subdivision shall prevail.\\n ** NB Repealed September 30, 2023\\n * NB Repealed December 31, 2024\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4403-G", "title" : "Developmental disability individual support and care coordination organizations", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2018-04-20", "2023-05-12", "2023-06-23", "2025-05-16" ], "docLevelId" : "4403-G", "activeDate" : "2018-04-20", "sequenceNo" : 1763, "repealedDate" : null, "fromSection" : "4403-G", "toSection" : "4403-G", "text" : " * § 4403-g. Developmental disability individual support and care\\ncoordination organizations. 1. Definitions. As used in this section:\\n (a) \"Developmental disability individual support and care coordination\\norganization\" or \"DISCO\" means an entity that has received a certificate\\nof authority pursuant to this section to provide, or arrange for, health\\nand long term care services, as determined by the commissioner and the\\ncommissioner of the office for people with developmental disabilities,\\non a capitated basis in accordance with this section, for a population\\nof persons with developmental disabilities, as such term is defined in\\nsection 1.03 of the mental hygiene law, which the organization is\\nauthorized to enroll.\\n (b) \"Eligible applicant\" means an entity controlled by one or more\\nnon-profit organizations which have a history of providing or\\ncoordinating health and long term care services to persons with\\ndevelopmental disabilities.\\n (c) \"Habilitation services\" means services available through the\\nstate's home and community based services waiver for persons with\\ndevelopmental disabilities, state plan for medical assistance, and any\\nother authorized federal funding for such services designed to assist\\npersons in acquiring, retaining, and improving the self-help,\\nsocialization, and adaptive skills necessary to reside successfully in\\nhome and community based settings.\\n (d) \"Health and long term care services\" means comprehensive health\\nservices and other services as determined by the commissioner and the\\ncommissioner of the office for people with developmental disabilities,\\nwhether provided by state-operated programs or not-for-profit entities,\\nincluding, but not limited to, habilitation services, home and\\ncommunity-based and institution-based long term care services, and\\nancillary services, that shall include medical supplies and nutritional\\nsupplements, that are necessary to meet the needs of persons whom the\\nplan is authorized to enroll. Each person enrolled in a DISCO shall\\nreceive health and long term care services designed to achieve\\nperson-centered outcomes, to enable that person to live in the most\\nintegrated setting appropriate to that person's needs, and to enable\\nthat person to interact with nondisabled persons to the fullest extent\\npossible in social, workplace and other community settings, provided\\nthat all such services are consistent with such person's wishes to the\\nextent that such wishes are known and in accordance with such person's\\nneeds.\\n 2. Approval authority. An applicant shall be issued a certificate of\\nauthority as a DISCO for purposes of participating in the people first\\nwaiver program pursuant to section 13.40 of the mental hygiene law upon\\na determination by the commissioner and the commissioner of the office\\nfor people with developmental disabilities that the applicant complies\\nwith the operating requirements for a DISCO under this section.\\n 3. Application for certificate of authority; form. The commissioner\\nand the commissioner of the office for people with developmental\\ndisabilities shall jointly develop application forms for a certificate\\nof authority to operate a DISCO. An eligible applicant shall submit an\\napplication for a certificate of authority to operate a DISCO upon forms\\nprescribed by such commissioners. Such eligible applicant shall submit\\ninformation and documentation to the commissioner which shall include,\\nbut not be limited to:\\n (a) A description of the service area proposed to be served by the\\nDISCO with projections of enrollment that will result in a fiscally\\nsound plan;\\n (b) A description of the services to be covered by such DISCO, which\\nmust include all health and long term care services, as defined in\\nparagraph (d) of subdivision one of this section, and other services as\\ndetermined by the commissioner and the commissioner of the office for\\npeople with developmental disabilities;\\n (c) A description of the proposed marketing plan and how marketing\\nmaterials will be presented to persons with developmental disabilities\\nor their authorized decision makers for the purposes of enabling them to\\nmake an informed choice;\\n (d) The names of the providers proposed to be in the DISCO's network;\\n (e) Evidence of the character and competence of the applicant's\\nproposed operators, and of the incorporators, directors, stockholders or\\nmembers of the applicant;\\n (f) Adequate documentation of the appropriate licenses, certifications\\nor approvals to provide care as planned, including affiliate agreements\\nor proposed contracts with such providers as may be necessary to provide\\nthe full complement of services required to be provided under this\\nsection;\\n (g) A description of the proposed quality-assurance mechanisms,\\ngrievance procedures, mechanisms to protect the rights of enrollees and\\ncare coordination services to ensure continuity, quality,\\nappropriateness and coordination of care;\\n (h) A description of the proposed quality assessment and performance\\nimprovement program that includes performance and outcome based quality\\nstandards for enrollee health status and satisfaction, and data\\ncollection and reporting for standard performance measures;\\n (i) A description of the management systems and systems to process\\npayment for covered services;\\n (j) A description of how achievement of person-centered outcomes, as\\ndefined by the commissioner of the office for people with developmental\\ndisabilities, shall be assessed, as well as a description of how health\\nand long term care services shall be used to meet such outcomes;\\n (k) A description of the mechanism to maximize reimbursement of and\\ncoordinate services reimbursed pursuant to title XVIII of the federal\\nsocial security act and all other applicable benefits, with such benefit\\ncoordination including, but not limited to, measures to support sound\\nclinical decisions, reduce administrative complexity, coordinate access\\nto services, maximize benefits available pursuant to such title and\\nensure that necessary care is provided;\\n (l) A description of the systems for securing and integrating any\\npotential sources of funding for services provided by or through the\\norganization, including, but not limited to, funding available under\\ntitles XVI, XVIII, XIX and XX of the federal social security act and all\\nother available sources of funding;\\n (m) A description of the proposed contractual arrangements for\\nproviders of health and long term care services in the benefit package;\\nand\\n (n) Information related to the financial condition of the applicant.\\n 4. Certificate of authority approval. The commissioner shall not\\napprove an application for a certificate of authority unless the\\napplicant demonstrates to the satisfaction of the commissioner and the\\ncommissioner of the office for people with developmental disabilities:\\n (a) That it will have in place acceptable quality assurance\\nmechanisms, grievance procedures and mechanisms to protect the rights of\\nenrollees and care coordination services to ensure continuity, quality,\\nappropriateness and coordination of care;\\n (b) That it will have in place a mechanism or means to assure that\\npersons with developmental disabilities can make informed choices either\\nindividually or through an authorized decision maker regarding the\\ndevelopment of a person-centered plan, as defined by the commissioner of\\nthe office for people with developmental disabilities;\\n (c) That it has developed a quality assessment and performance\\nimprovement program that includes performance and outcome based quality\\nstandards for enrollee health status and satisfaction, which shall be\\nreviewed by the commissioner and the commissioner of the office for\\npeople with developmental disabilities. The program shall include data\\ncollection and reporting for standard performance measures as required\\nby the commissioner and the commissioner of the office for people with\\ndevelopmental disabilities;\\n (d) That an otherwise eligible enrollee shall not be involuntarily\\ndisenrolled without the prior approval of the commissioner of the office\\nfor people with developmental disabilities;\\n (e) That the applicant shall not use deceptive or coercive marketing\\nmethods to encourage participants to enroll and that the applicant shall\\nnot distribute marketing materials to potential enrollees before such\\nmaterials have been approved by the commissioner and the commissioner of\\nthe office for people with developmental disabilities;\\n (f) Satisfactory evidence of the character and competence of the\\napplicant's proposed operators, incorporators, directors, stockholders\\nand members;\\n (g) Reasonable assurance that the applicant will provide high quality\\nservices to an enrolled population, that the applicant's network of\\nproviders is adequate and that such providers have demonstrated\\nsufficient competency to deliver high quality services to the enrolled\\npopulation and that policies and procedures will be in place to address\\nthe cultural and linguistic needs of the enrolled population;\\n (h) Sufficient management systems capacity to meet the requirements of\\nthis section and the ability to efficiently process payment for covered\\nservices;\\n (i) Readiness and capability to maximize reimbursement of and\\ncoordinate services reimbursed pursuant to title XVIII of the federal\\nsocial security act and all other applicable benefits, with such benefit\\ncoordination including, but not limited to, measures to support sound\\nclinical decisions, reduce administrative complexity, coordinate access\\nto services, maximize benefits available pursuant to such title and\\nensure that necessary care is provided;\\n (j) Readiness and capability of organizing, marketing, managing,\\npromoting and operating a health and long term care services plan, or\\nhas an affiliation agreement with an entity that has such readiness and\\ncapability;\\n (k) Willingness and capability of taking, or cooperating in, all steps\\nnecessary to secure and integrate any potential sources of funding for\\nservices provided by or through the DISCO, including, but not limited\\nto, funding available under titles XVI, XVIII, XIX and XX of the federal\\nsocial security act and all other available sources of funding;\\n (l) That the contractual arrangements for providers of health and long\\nterm care services in the benefit package are sufficient to ensure the\\navailability and accessibility of such services to the proposed enrolled\\npopulation consistent with guidelines established by the commissioner\\nand the commissioner of the office for people with developmental\\ndisabilities. With respect to a person receiving non-residential\\nservices operated, certified, funded, authorized or approved by the\\noffice for people with developmental disabilities prior to enrollment in\\nthe DISCO, such guidelines shall require the DISCO to contract with the\\ncurrent provider of non-residential services at the rates established by\\nthe office for ninety days, in order to ensure continuity of care. With\\nrespect to a person living in a residential facility operated or\\ncertified by the office for people with developmental disabilities prior\\nto enrollment in the DISCO, such guidelines shall require the DISCO to\\ncontract with the provider of residential services for that residence at\\nthe rates established by the office for so long as such individual lives\\nin that residence pursuant to an approved plan of care;\\n (m) That the applicant is financially responsible and shall be\\nexpected to meet its obligations to its enrolled members; and\\n (n) That the applicant shall assess person-centered outcomes as\\ndefined by the commissioner of the office for people with developmental\\ndisabilities, and has satisfactory mechanisms by which it will assess\\nhow health and long term care services will be used to meet such\\noutcomes.\\n 5. Enrollment. (a) Only persons with developmental disabilities, as\\ndetermined by the office for people with developmental disabilities,\\nshall be eligible to enroll in DISCOs.\\n (b) The office for people with developmental disabilities or its\\ndesignee shall enroll an eligible person in the DISCO chosen by him or\\nher, his or her guardian or other legal representative, provided that\\nsuch DISCO is authorized to enroll such person.\\n (c) No person with a developmental disability who is receiving or\\napplying for medical assistance and who is receiving, or eligible to\\nreceive, services funded, certified, authorized or approved by the\\noffice for people with developmental disabilities, shall be required to\\nenroll in a DISCO in order to receive such services until program\\nfeatures and reimbursement rates are approved by the commissioner and\\nthe commissioner of the office for people with developmental\\ndisabilities, and until such commissioners determine that there are a\\nsufficient number of plans authorized to coordinate care for persons\\nwith developmental disabilities pursuant to this article operating in\\nsuch person's county of residence to meet the needs of persons with\\ndevelopmental disabilities, and that such DISCOs meet the standards of\\nthis section. No person shall be required to enroll in a DISCO in order\\nto receive services operated, funded, certified, authorized or approved\\nby the office for people with developmental disabilities until there are\\nat least two plans authorized to coordinate care for persons with\\ndevelopmental disabilities pursuant to this article in such person's\\ncounty of residence, unless federal approval is secured to require\\nenrollment when there are less than two such entities operating in such\\ncounty.\\n (d) Persons required to enroll in a DISCO shall have no less than\\nsixty days to select a DISCO, and such persons and their guardians or\\nother legal representatives shall be provided with information to make\\nan informed choice. Where a person, guardian or other legal\\nrepresentative has not selected a DISCO, the commissioner of the office\\nfor people with developmental disabilities or its designee shall enroll\\nsuch person in a DISCO chosen by such commissioner, taking into account\\nquality, capacity and geographic accessibility. The office for people\\nwith developmental disabilities or its designee shall automatically\\nre-enroll a person with the same DISCO if there is a loss of medicaid\\neligibility of two months or less.\\n (e) Enrolled persons may change their enrollment at any time without\\ncause, provided, however, that a person required to enroll in a DISCO in\\norder to receive services funded, licensed, authorized or approved by\\nthe office for people with developmental disabilities may only disenroll\\nfrom a DISCO if he or she enrolls in another DISCO authorized to enroll\\nhim or her. Such disenrollment shall be effective no later than the\\nfirst day of the second month following the request.\\n (f) A DISCO may request the involuntary disenrollment of an enrolled\\nperson in writing to the office for people with developmental\\ndisabilities. Such disenrollment shall not be effective until the\\nrequest is reviewed and approved by such office. Notice shall be\\nprovided to the enrollee and the enrollee may request a fair hearing\\nregarding such disenrollment. The department and the office for people\\nwith developmental disabilities shall adopt rules and regulations\\ngoverning this process.\\n 6. Assessments. The office for people with developmental disabilities,\\nor its designee, shall complete a comprehensive assessment that shall\\ninclude, but not be limited to, an evaluation of the medical, social,\\nhabilitative and environmental needs of each prospective enrollee in a\\nDISCO as such needs relate to each individual's health, safety, living\\nenvironment and wishes, to the extent that such wishes are known. This\\nassessment shall also serve as the basis for the development and\\nprovision of an appropriate plan of care for the enrollee. Such plan of\\ncare shall be focused on the achievement of person-centered outcomes and\\nshall be consistent with and help inform any other person-centered plan\\nrequired for the enrollee by the commissioner of the office for people\\nwith developmental disabilities. The assessment shall be completed by\\nthe office for people with developmental disabilities or in consultation\\nwith the prospective enrollee's health care practitioner as necessary.\\nThe commissioner of the office for people with developmental\\ndisabilities shall prescribe the forms on which the assessment shall be\\nmade. The office for people with developmental disabilities may\\ndesignate the DISCO to perform reassessments, but shall not designate\\nthe DISCO to perform the initial assessment of a prospective enrollee.\\n 7. Program oversight and administration. (a) The commissioner and the\\ncommissioner of the office for people with developmental disabilities\\nshall jointly promulgate regulations to implement this section, to\\nprovide for oversight of DISCOs, including on site reviews, and to\\nensure the quality, appropriateness and cost-effectiveness of the\\nservices provided by DISCOs.\\n (b) The commissioner and the commissioner of the office for people\\nwith developmental disabilities may waive rules and regulations of their\\nrespective department or office, including but not limited to, those\\npertaining to duplicative requirements concerning record keeping, boards\\nof directors, staffing and reporting, when such waiver shall promote the\\nefficient delivery of appropriate, quality, cost-effective services and\\nwhen the health, safety and general welfare of DISCO enrollees shall not\\nbe impaired as a result of such waiver. The commissioners shall report\\nannually to the legislature and to the joint advisory council\\nestablished pursuant to section 13.40 of the mental hygiene law on all\\nrules and regulations waived pursuant to this paragraph. In order to\\nachieve DISCO system efficiencies and coordination and to promote the\\nobjectives of high quality, integrated and cost effective care, the\\ncommissioners shall establish a single coordinated surveillance process,\\nallow for a comprehensive quality improvement and review process to meet\\ncomponent quality requirements, and require a uniform cost report. The\\ncommissioners shall require DISCOs to utilize quality improvement\\nmeasures, based on the achievement of personal outcomes and quality of\\nlife, health outcomes data, and assessments of individual and family\\nsatisfaction, for internal quality assessment processes and may utilize\\nsuch measures as part of the single coordinated surveillance process.\\n (c) Notwithstanding any inconsistent provision of the social services\\nlaw to the contrary, the commissioner in consultation with the\\ncommissioner of the office for people with developmental disabilities\\nshall, pursuant to regulation, determine whether and the extent to which\\nthe applicable provisions of the social services law or regulations\\nrelating to approvals and authorizations of, and utilization limitations\\non, health and long term care services reimbursed pursuant to title XIX\\nof the federal social security act are inconsistent with the flexibility\\nnecessary for the efficient administration of DISCOs, and such\\nregulations shall provide that such provisions shall not be applicable\\nto enrollees of DISCOs, provided that such determinations are consistent\\nwith applicable federal law and regulation.\\n (d) The commissioner and the commissioner of the office for people\\nwith developmental disabilities shall ensure, through periodic reviews\\nof DISCOs, that organization services are promptly available to\\nenrollees when appropriate. Such periodic reviews shall be made\\naccording to standards as determined by the commissioners in\\nregulations.\\n (e) The commissioner and the commissioner of the office for people\\nwith developmental disabilities shall have the authority to conduct both\\non site and off site reviews of DISCOs. Such reviews may include, but\\nnot be limited to, the following components: governance; fiscal and\\nfinancial reporting; recordkeeping; internal controls; marketing;\\nnetwork contracting and adequacy; program integrity assurances;\\nutilization control and review systems; grievance and appeals systems;\\nquality assessment and assurance systems; care management; enrollment\\nand disenrollment; management information systems, and other operational\\nand management components.\\n 8. Solvency. (a) The commissioner, in consultation with the\\ncommissioner of the office for people with developmental disabilities,\\nshall be responsible for evaluating, approving and regulating all\\nmatters relating to fiscal solvency, including reserves, surplus and\\nprovider contracts. The commissioner shall promulgate regulations to\\nimplement this section. The commissioner, in the administration of this\\nsubdivision:\\n (i) shall be guided by the standards that govern the fiscal solvency\\nof a health maintenance organization, provided, however, that the\\ncommissioner shall recognize the specific delivery components,\\noperational capacity and financial capability of the eligible applicant\\nfor a certificate of authority;\\n (ii) shall not apply financial solvency standards that exceed those\\nrequired for a health maintenance organization; and\\n (iii) shall establish reasonable capitalization and contingent reserve\\nrequirements.\\n (b) Standards established pursuant to this subdivision shall be\\nadequate to protect the interests of enrollees in the DISCO. The\\ncommissioner shall be satisfied that the eligible applicant is\\nfinancially sound, and has made adequate provisions to pay for quality\\nservices that are cost effective and appropriate to needs and the\\nprotection of health, safety, welfare and satisfaction of those served.\\n 9. Role of the superintendent of financial services. (a) The\\nsuperintendent of financial services shall determine and approve\\npremiums in accordance with the insurance law whenever any population of\\nenrollees not eligible under title XIX of the federal social security\\nact is to be covered. The determination and approval of the\\nsuperintendent of financial services shall relate to premiums charged to\\nsuch enrollees not eligible under title XIX of the federal social\\nsecurity act.\\n (b) The superintendent of financial services shall evaluate and\\napprove any enrollee contracts whenever such enrollee contracts are to\\ncover any population of enrollees not eligible under title XIX of the\\nfederal social security act.\\n 10. Payment rates for DISCO enrollees eligible for medical assistance.\\nThe commissioner shall establish payment rates for services provided to\\nenrollees eligible under title XIX of the federal social security act.\\nSuch payment rates shall be subject to approval by the director of the\\ndivision of the budget. Payment rates shall be actuarially sound for\\ncovered services, including but not limited to habilitation services,\\nand, when there is sufficient reliable data to permit, shall be\\nrisk-adjusted to take into account the characteristics of enrollees, or\\nproposed enrollees, which may include: frailty, disability level, health\\nand functional status, age, gender, the nature of services provided to\\nsuch enrollees, and other factors as determined by the commissioner and\\nthe commissioner of the office for people with developmental\\ndisabilities. The risk adjusted premiums may also be combined with\\ndisincentives or requirements designed to mitigate any incentives to\\nobtain higher payment categories.\\n 11. Continuation of certificate of authority. Continuation of a\\ncertificate of authority issued under this section shall be contingent\\nupon compliance by the DISCO with applicable provisions of this section\\nand rules and regulations promulgated thereunder; the continuing fiscal\\nsolvency of the DISCO; and federal financial participation in payments\\non behalf of enrollees who are eligible to receive services under title\\nXIX of the federal social security act.\\n 12. Protection of enrollees. The commissioner may, in his or her\\ndiscretion and with the concurrence of the commissioner of the office\\nfor people with developmental disabilities, for the purpose of the\\nprotection of enrollees, impose measures including, but not limited to\\nbans on further enrollments until any identified problems are resolved\\nto the satisfaction of the commissioner, or fines upon a finding that\\nthe DISCO has failed to comply with the provisions of any applicable\\nstatute, rule or regulation.\\n 13. Information sharing. The commissioner and the commissioner of the\\noffice for people with developmental disabilities shall, as necessary\\nand consistent with federal regulations promulgated pursuant to the\\nHealth Insurance Portability and Accountability Act, share with such\\nDISCO the following data if it is available:\\n (a) information concerning utilization of services and providers by\\neach of its enrollees prior to and during enrollment.\\n (b) Aggregate data concerning utilization and costs for enrollees and\\nfor comparable cohorts served through the Medicaid fee-for-service\\nprogram.\\n 14. Applicability of other laws. DISCOs shall be subject to the\\nprovisions of the insurance law and regulations applicable to health\\nmaintenance organizations, this article and regulations promulgated\\nthereunder. To the extent that the provisions of this section are\\ninconsistent with the provisions of this chapter or the provisions of\\nthe insurance law, the provisions of this section shall prevail.\\n 15. Effectiveness. The provisions of this section shall only be\\neffective if, for so long as, and to the extent that federal financial\\nparticipation is available for the costs of services provided by the\\nDISCOs to enrollees who are recipients of medical assistance pursuant to\\ntitle eleven of article five of the social services law. The\\ncommissioner shall make any necessary amendments to the state plan for\\nmedical assistance submitted pursuant to section three hundred\\nsixty-three-a of the social services law, and/or submit one or more\\napplications for waivers of the federal social security act, in order to\\nensure such federal financial participation.\\n * NB Repealed September 30, 2023\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4404", "title" : "Health maintenance organizations; continuance of certificate of authority", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4404", "activeDate" : "2014-09-22", "sequenceNo" : 1764, "repealedDate" : null, "fromSection" : "4404", "toSection" : "4404", "text" : " § 4404. Health maintenance organizations; continuance of certificate\\nof authority. 1. Continuance by the commissioner of a certificate of\\nauthority issued under section forty-four hundred three of this article\\nshall be contingent upon satisfactory performance by the organization as\\nto the delivery, continuity, accessibility and quality of the services\\nto which an enrolled member is entitled, compliance with the provisions\\nof this article and rules and regulations promulgated thereunder, and\\nthe continuing fiscal solvency of the organization as set out in this\\nsection.\\n 2. Except as provided in subdivision three of this section, the\\ncommissioner may revoke, limit or annul a certificate of authority as of\\nthe termination of the current period of all then existing enrollee\\ncontracts, after a hearing, and only after a finding of unsatisfactory\\nperformance or fiscal insolvency. However, in the event of such\\nrevocation, limitation or annulment, the organization shall be\\nprohibited from entering into any new enrollee contracts as of the date\\nof notification of such action by the commissioner. Notification of such\\naction shall be given by the organization to each enrollee. The\\ncommissioner shall give prior notice of such action to the\\nsuperintendent.\\n 3. The commissioner may revoke or limit a certificate of authority,\\nafter a hearing, for violations of any applicable statute or rules and\\nregulations which threatened to directly affect the health, safety or\\nwelfare of any enrollee. Upon notice of his intent to revoke or limit a\\ncertificate of authority, the commissioner may prohibit the organization\\nfrom entering into any new enrollee contracts pending final action and\\nmay require notification of such action to be given by the organization\\nto each enrollee. The commissioner shall give prior notice to the\\nsuperintendent of his intent to prohibit the organization from entering\\ninto any enrollee contracts. In any action pursuant to this subdivision,\\nthe commissioner and the superintendent shall take action to assure the\\ncontinued insurance coverage of enrollees of the organization.\\n 4. In addition to, or in lieu of, any revocation, limitation or\\nannulment, the commissioner may assess a penalty pursuant to section\\ntwelve of this chapter for any violation of this chapter or rules and\\nregulations promulgated pursuant to this article.\\n 5. All orders or determinations made in accordance with the provisions\\nof this section shall be subject to review as provided in article\\nseventy-eight of the civil practice law and rules. Application for such\\nreview must be made within sixty days after service in person or by\\nregistered mail of a copy of the order or determination upon the\\norganization.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4405", "title" : "Health maintenance organizations; powers", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4405", "activeDate" : "2014-09-22", "sequenceNo" : 1765, "repealedDate" : null, "fromSection" : "4405", "toSection" : "4405", "text" : " § 4405. Health maintenance organizations; powers. The powers of health\\nmaintenance organizations, in addition to any other powers conferred by\\nthe laws under which such organization is constructed, shall include:\\n 1. subject to the provisions of article twenty-eight of this chapter,\\nthe purchase, lease, construction, renovation, operation, or maintenance\\nof hospitals, medical facilities, or both, and their ancillary\\nequipment, and such property as may reasonably be required for its\\nprincipal office or for such other purposes as may be necessary in the\\ntransaction of the business of the organization;\\n 2. the furnishing of comprehensive health care services on a prepaid\\nbasis through hospitals and other health care providers which are under\\ncontract with, otherwise associated with, or employed by the health\\nmaintenance organization;\\n 3. the marketing, enrollment and administration of a comprehensive\\nhealth services plan;\\n 4. the contracting with an insurer licensed in this state;\\n 5. the offering, in addition to health care services, of benefits\\ncovering out-of-area or emergency services;\\n 6. the provision of additional health services not included in the\\ncomprehensive health services plan on a fee-for-service basis, the\\nprovision of health services on a fee-for-service basis to persons who\\nare not members of the enrolled population;\\n 7. the entering into contracts in furtherance of the purposes of this\\narticle;\\n 8. the acceptance from government agencies, private agencies,\\ncorporations, associations, groups, individuals, or other persons,\\npayments covering all or part of the cost of health care services\\nprovided to enrollees, in accordance with the provisions of the plan and\\nthis chapter; and\\n 9. the indemnification of enrollees for the services of health care\\nproviders, other than primary care practitioners responsible for\\nsupervising and coordinating the care of enrollees, not participating in\\na plan to the extent authorized in section forty-four hundred six of\\nthis article; and\\n 10. notwithstanding any other provision of law, to advertise the\\ncomprehensive health services which it renders and the plan relating to\\nthe rendition of such services, provided, however, that all information\\ndisseminated to the public shall be strictly factual in nature and\\naccurate in all respects and shall not in any way be misleading to the\\npublic.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4405-A", "title" : "Immunizations against poliomyelitis, mumps, measles, diphtheria and rubella", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4405-A", "activeDate" : "2014-09-22", "sequenceNo" : 1766, "repealedDate" : null, "fromSection" : "4405-A", "toSection" : "4405-A", "text" : " § 4405-a. Immunizations against poliomyelitis, mumps, measles,\\ndiphtheria and rubella. 1. It shall be the duty of the administrative\\nofficer or other person in charge of each health maintenance\\norganization, as defined in this article, to inquire of each person in\\nits care under the age of eighteen, or of a person in parental relation\\nto such person, whether all necessary immunizations have been received\\nfor poliomyelitis, mumps, measles, diphtheria and rubella and, if not,\\nto make available such immunizations and a certificate or certificates\\nof such immunizations.\\n 2. This section shall not apply to children whose parent, parents, or\\nguardian are bona fide members of a recognized religious organization\\nwhose teachings are contrary to the practices herein required.\\n 3. If any physician licensed to practice medicine in this state\\ncertifies that any such immunization may be detrimental to a child's\\nhealth, the requirements of this section shall be inapplicable until\\nsuch immunization is found no longer to be detrimental to the child's\\nhealth.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4405-B", "title" : "Duty to report", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4405-B", "activeDate" : "2014-09-22", "sequenceNo" : 1767, "repealedDate" : null, "fromSection" : "4405-B", "toSection" : "4405-B", "text" : " § 4405-b. Duty to report. 1. (a) A health maintenance organization\\nlicensed pursuant to article forty-three of the insurance law or\\ncertified pursuant to this chapter shall make a report to the\\nappropriate professional disciplinary agency within thirty days of the\\noccurrence of any of the following: (i) the termination of a health care\\nprovider contract pursuant to section forty-four hundred six-d of this\\narticle for reasons relating to alleged mental or physical impairment,\\nmisconduct or impairment of patient safety or welfare; (ii) the\\nvoluntary or involuntary termination of a contract or employment or\\nother affiliation with such organization to avoid the imposition of\\ndisciplinary measures; or (iii) the termination of a health care\\nprovider contract in the case of a determination of fraud or in a case\\nof imminent harm to patient health.\\n (b) An organization shall make a report to be made to the appropriate\\nprofessional disciplinary agency within thirty days of obtaining\\nknowledge of any information that reasonably appears to show that a\\nhealth professional is guilty of professional misconduct as defined in\\narticle one hundred thirty or one hundred thirty-one-A of the education\\nlaw. A violation of this subdivision shall not be subject to the\\nprovisions of section twelve-b of this chapter.\\n 2. Reports of possible professional misconduct made pursuant to this\\nsection shall be made in writing to the appropriate professional\\ndisciplinary agency. Written reports shall include the following\\ninformation:\\n (a) the name, address, profession and license number of the\\nindividual; and\\n (b) a description of the action taken by the organization including\\nthe reason for the action and the date thereof, or the nature of the\\naction or conduct that led to the resignation, termination of contract\\nor withdrawal, and the date thereof stated with sufficient specificity\\nto allow a reasonable person to understand which of the reasons\\nenumerated led to the action of the organization or the resignation or\\nwithdrawal of the individual, and, if the reason was an act or omission\\nof the individual, the particular act or omission.\\n 3. (a) Any report or information furnished to an appropriate\\nprofessional discipline agency in accordance with the provisions of this\\nsection shall be deemed a confidential communication and shall not be\\nsubject to inspection or disclosure in any manner except upon formal\\nwritten request by a duly authorized public agency or pursuant to a\\njudicial subpoena issued in a pending action or proceeding.\\n (b) Any person, facility, organization or corporation which makes a\\nreport pursuant to this section in good faith without malice shall have\\nimmunity from any liability, civil or criminal, for having made such\\nreport. For purposes of any proceeding, civil or criminal, the good\\nfaith of any person required to make a report shall be presumed.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4406", "title" : "Health maintenance organizations; regulation of contracts", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2019-04-19" ], "docLevelId" : "4406", "activeDate" : "2019-04-19", "sequenceNo" : 1768, "repealedDate" : null, "fromSection" : "4406", "toSection" : "4406", "text" : " § 4406. Health maintenance organizations; regulation of contracts. 1.\\nThe contract between a health maintenance organization and an enrollee\\nshall be subject to regulation by the superintendent as if it were a\\nhealth insurance subscriber contract, and shall include, but not be\\nlimited to, all mandated benefits required by article forty-three of the\\ninsurance law. Such contract shall fully and clearly state the benefits\\nand limitations therein provided or imposed, so as to facilitate\\nunderstanding and comparisons, and to exclude provisions which may be\\nmisleading or unreasonably confusing. Such contract shall be issued to\\nany individual and dependents of such individual and any group of one\\nhundred or fewer employees or members, exclusive of spouses and\\ndependents, or to any employee or member of the group, including\\ndependents, applying for such contract at any time throughout the year.\\nAn individual direct payment contract shall be issued only in accordance\\nwith section four thousand three hundred twenty-eight of the insurance\\nlaw. The superintendent may, after giving consideration to the public\\ninterest, exempt a health maintenance organization from the requirements\\nof this section provided that another health insurer or health\\nmaintenance organization within the health maintenance organization's\\nsame holding company system, as defined in article fifteen of the\\ninsurance law, including a health maintenance organization operated as a\\nline of business of a health service corporation licensed under article\\nforty-three of the insurance law, offers coverage that, at a minimum,\\ncomplies with this section and provides all of the consumer protections\\nrequired to be provided by a health maintenance organization pursuant to\\nthis chapter and regulations, including those consumer protections\\ncontained in sections four thousand four hundred three and four thousand\\nfour hundred eight-a of this chapter. The requirements shall not apply\\nto a health maintenance organization exclusively serving individuals\\nenrolled pursuant to title eleven of article five of the social services\\nlaw, title eleven-D of article five of the social services law, title\\none-A of article twenty-five of this chapter or title eighteen of the\\nfederal Social Security Act, and, further provided, that such health\\nmaintenance organization shall not discontinue a contract for an\\nindividual receiving comprehensive-type coverage in effect prior to\\nJanuary first, two thousand four who is ineligible to purchase policies\\noffered after such date pursuant to this section or section four\\nthousand three hundred twenty-eight of the insurance law due to the\\nprovision of 42 U.S.C. 1395ss in effect prior to January first, two\\nthousand four.\\n 2. (a) Upon approval of the commissioner, an organization may\\nimplement an out-of-plan benefits system that allows enrollees to use\\nproviders not participating in the plan pursuant to a contract,\\nemployment or other association. The commissioner, in consultation with\\nthe superintendent, shall not approve an organization to implement an\\nout-of-plan benefits system unless the organization demonstrates that:\\n (i) the requirements of this article and any regulations promulgated\\nthereunder have been met and will continue to be met;\\n (ii) it can establish and maintain a contingent reserve fund of not\\nless than two percent of the entire net premium income for the calendar\\nyear of the organization in addition to any other contingent reserve\\nfund required by the commissioner in regulations subject to the approval\\nof the superintendent; and\\n (iii) it has established mechanisms to ensure and monitor compliance\\nwith the provisions of paragraph (b) of this subdivision.\\n (b) Except as provided in paragraph (c) of this subdivision, an\\norganization may not permit the benefits provided pursuant to such\\nout-of-plan system to exceed ten percent of the total health care\\nexpenditures of the organization, as determined on a quarterly basis,\\nbut such limitation shall not apply to individual direct payment\\ncontracts issued pursuant to section forty-three hundred twenty-two of\\nthe insurance law. In determining the amount of benefits provided in\\nconnection with the use of such providers, an organization shall not\\ninclude benefits provided pursuant to a referral made by a participating\\nprovider or benefits provided in emergency situations.\\n (c) An organization may exceed the ten percent level by up to two\\npercent in any given quarter provided that the organization does not\\nexceed the ten percent level by the end of the following quarter.\\n (d) If the commissioner determines that an organization has permitted\\nthe benefits provided pursuant to an out-of-plan system to exceed ten\\npercent, except as permitted by paragraph (b) or (c) of this\\nsubdivision, the commissioner may, where appropriate, assess an\\norganization a civil penalty not to exceed the amount determined by\\nmultiplying the percentage permitted in excess of ten percent by the\\namount, in dollars, of the difference between what the organization paid\\nall inpatient hospitals for such year and the amount such organization\\nwould have paid such hospitals had it been a payor within the categories\\nspecified in paragraph (b) of subdivision one of section twenty-eight\\nhundred seven-c of this chapter and not authorized to negotiate hospital\\nrates. The commissioner, in consultation with the superintendent, may\\nrevoke, suspend or limit an approval issued pursuant to this subdivision\\nfor non-compliance by the organization with any of the provisions of\\nthis article or the rules and regulations promulgated thereunder.\\n (e) The indemnification of enrollees of the services of a\\nnon-participating provider may be subject to deductibles, copayments\\nand/or coinsurance approved by the superintendent.\\n (f) Nothing in this subdivision shall be construed to limit an\\norganization's ability to manage the care of enrollees or the types of\\nhealth services covered, to conduct utilization review of quality\\nassurance activities.\\n (g) The commissioner may prohibit an organization determined to have\\nan inadequate network of participating providers from permitting new\\nelections pursuant to this subdivision as of the date of notification of\\nsuch determination by the commissioner. Notification of such action\\nshall be given by the organization to each enrollee.\\n (h) An organization providing comprehensive health services under one\\nor more assumed names shall be deemed to be offering its plan through a\\nline of business corresponding to each such assumed name. An\\norganization may, pursuant to the provisions of this subdivision, permit\\nenrollees of one or more lines of business to elect to receive services\\nfrom providers not participating in such line or lines of business\\nprovided, however, that with respect to each line of business such\\nelections shall be permitted only to the extent authorized pursuant to\\nparagraphs (b) and (c) of this subdivision.\\n (i) Nothing herein shall be deemed to prohibit a health maintenance\\norganization from offering services in connection with a company\\nappropriately licensed pursuant to the insurance law.\\n 3. (a) No contract issued pursuant to this section shall provide that\\nservices of a participating hospital will be covered as out-of-network\\nservices solely on the basis that the health care provider admitting or\\nrendering services to the enrollee is not a participating provider.\\n (b) No contract issued pursuant to this section shall provide that\\nservices of a participating health care provider will be covered as\\nout-of-network services solely on the basis that the services are\\nrendered in a non-participating hospital.\\n (c) For purposes of this subdivision, a \"health care provider\" is a\\nhealth care professional licensed, registered or certified pursuant to\\ntitle eight of the education law or a health care professional\\ncomparably licensed, registered or certified by another state.\\n 4. Nothing in this section shall be construed to require a health\\nmaintenance organization in its provision of a comprehensive health\\nservices plan to meet the requirements of an insurer under the insurance\\nlaw.\\n 5. If an enrollee requires nursing facility placement and is a\\nresident of a continuing care retirement community authorized under\\narticle forty-six of this chapter, the enrollee's primary care\\npractitioner must refer the enrollee to that community's nursing\\nfacility if medically appropriate; if the facility agrees to be\\nreimbursed at the health maintenance organization's contract rate\\nnegotiated with similar providers for similar services and supplies, or\\nnegotiates a mutually agreed upon rate; and if the facility meets the\\nhealth maintenance organization's guidelines and standards for the\\ndelivery of medical services.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4406-A", "title" : "Arbitration provisions of health maintenance organization contracts", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4406-A", "activeDate" : "2014-09-22", "sequenceNo" : 1769, "repealedDate" : null, "fromSection" : "4406-A", "toSection" : "4406-A", "text" : " § 4406-a. Arbitration provisions of health maintenance organization\\ncontracts. 1. The enrollee contract of a health maintenance organization\\nmay permit enrollees and adult members of the enrollee's family who are\\ncovered by such contract to elect to have all claims for damages because\\nof injury or death resulting from health care or treatment rendered or\\nfailed to be rendered pursuant to the contract by a physician, dentist,\\nhospital, health maintenance organization or other health care provider\\nsubject to binding arbitration, pursuant to article seventy-five-A of\\nthe civil practice law and rules. For the purposes of this section,\\n\"health maintenance organizations\" shall include those health\\nmaintenance organizations organized pursuant to this article or pursuant\\nto article forty-three of the insurance law. The enrollee contract may\\npermit arbitration elections to be executed on behalf of minor children\\nor persons judicially determined to be incompetent by a parent, legal\\nguardian, committee or conservator or other person legally authorized to\\nenroll the minor or incompetent person in a health maintenance\\norganization. Arbitration election notices, described in subdivisions\\ntwo and three of this section, must be executed by covered adult family\\nmembers in order to bind such persons to the arbitration election.\\n 2. After receiving the approval of the superintendent of financial\\nservices, pursuant to section five thousand six hundred five of the\\ninsurance law, health maintenance organizations may provide arbitration\\nelection notices to current enrollees and their covered adult family\\nmembers. Such notice shall contain the following provision in at least\\ntwelve point boldface type immediately above spaces for the signature of\\nthe enrollee or covered adult family member: \"By signing this form, I am\\nagreeing to have any issue of alleged health care malpractice decided by\\nneutral arbitration rather than by a court trial before a judge or jury.\\n(Health care malpractice means claims for damages because of injury or\\ndeath resulting from health care or treatment rendered or failed to be\\nrendered pursuant to my health maintenance organization contract by the\\nhealth maintenance organization, a physician, dentist, hospital or other\\nhealth care provider.) I understand that I will be given the opportunity\\nto cancel my agreement, but that all claims arising during the time of\\nmy agreement will be subject to arbitration. I understand that by\\nsigning the form, I am deemed to have received and reviewed the\\ninformation describing arbitration that has been provided to me. I also\\nunderstand that there is no requirement that I sign this form and that\\nmy decision not to sign this form will not in any way affect my\\nmembership or benefits in this health maintenance organization.\"\\n 3. After receiving the approval of the superintendent of financial\\nservices, pursuant to section five thousand six hundred five of the\\ninsurance law, health maintenance organizations may also provide\\narbitration election notices, as specified in subdivision two of this\\nsection, to new enrollees and their covered adult family members. In the\\nalternative, a health maintenance organization may, after receiving the\\nsuperintendent's approval, elect to provide an alternative notice to new\\nenrollees and their covered adult family members that provides that new\\nenrollees and their covered adult family members shall be subject to the\\narbitration of claims unless a form is executed by such persons that\\ndeclines consent to the arbitration of claims. A health maintenance\\norganization that chooses to provide such alternative notice shall\\nprovide an arbitration declination form and notice to all new enrollees\\nand their covered adult family members with the following provision in a\\nleast twelve point boldface type immediately above spaces for the\\nsignature of the enrollee or covered adult family member: \"Unless you\\nsign this form to decline the option of arbitration, by electing to\\nenroll in this health maintenance organization, you are agreeing to have\\nany issue of health care malpractice decided by neutral arbitration\\nrather than by a court trial before a judge or jury. (Health care\\nmalpractice means all claims for damages because of injury or death\\nresulting from health care or treatment rendered or failed to be\\nrendered pursuant to your health maintenance organization contract by\\nthe health maintenance organization, a physician, dentist, hospital or\\nother health care provider.) If you do not sign this form to decline\\narbitration, you will be given the opportunity to cancel your agreement\\nto arbitrate these claims, but all claims arising prior to the time that\\nyou cancel the agreement will be subject to arbitration. You are\\nentitled to receive information describing arbitration before making\\nthis decision. Your decision to sign this form to decline arbitration\\nwill not in any way affect your membership or benefits in this health\\nmaintenance organization.\"\\n 4. Arbitration election notices may be provided, from time to time, by\\nhealth maintenance organizations to persons who have not agreed to\\narbitration of such claims. The health maintenance organizations shall,\\nin a form and manner determined to be sufficient by the superintendent\\nof financial services and on at least an annual basis, provide notice to\\npersons who have agreed to arbitration of such claims that such persons\\nmay cancel their agreement to arbitrate, including information as to how\\nsuch person may cancel the arbitration agreement; provided, however,\\nthat the agreement to arbitrate shall remain in force during such\\nperson's enrollment or membership in the health maintenance organization\\nunless the health maintenance organization receives notification of such\\nperson's cancellation of the arbitration agreement or the health\\nmaintenance organization withdraws its agreement to arbitrate and\\nprovides notice of this fact to persons who elected arbitration.\\n 5. Every such notice shall be accompanied by or be part of an\\ninformation brochure, prepared in accordance with section five thousand\\nsix hundred four of the insurance law, which clearly explains the nature\\nand scope of arbitration and the procedures that will be used to conduct\\nthese arbitration proceedings.\\n 6. All claims arising from surgical, medical, dental and other health\\ncare procedures performed or failed to be performed and treatment\\nprovided or failed to be provided by a physician, dentist, hospital,\\nhealth maintenance organization or other health care provider pursuant\\nto the enrollee contract to an enrollee or a covered adult family member\\nwho signs the arbitration election notice or who fails to sign the\\narbitration declination form specified in subdivision three of this\\nsection shall be subject to arbitration and such enrollees or covered\\nadult family members shall be bound by the agreement to arbitrate such\\nclaims. All physicians, dentists, hospitals, health maintenance\\norganizations and other health care providers who provide or receive\\ncompensation for health care services pursuant to the enrollee contract\\nshall be bound by the agreement to arbitrate.\\n 7. Notwithstanding any inconsistent provisions of law, an agreement to\\narbitrate which complies with the provisions of this section shall be\\npresumed valid.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4406-B", "title" : "Primary and preventive obstetric and gynecologic care", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4406-B", "activeDate" : "2014-09-22", "sequenceNo" : 1770, "repealedDate" : null, "fromSection" : "4406-B", "toSection" : "4406-B", "text" : " § 4406-b. Primary and preventive obstetric and gynecologic care. 1.\\nThe health maintenance organization shall not limit a female enrollee's\\ndirect access to primary and preventive obstetric and gynecologic\\nservices, including annual examinations, care resulting from such annual\\nexaminations, and treatment of acute gynecologic conditions, from a\\nqualified provider of such services of her choice from within the plan\\nor for any care related to a pregnancy, provided that: (a) such\\nqualified provider discusses such services and treatment plan with the\\nenrollee's primary care practitioner in accordance with the requirements\\nof the health maintenance organization; and (b) such qualified provider\\nagrees to adhere to the health maintenance organization's policies and\\nprocedures, including any applicable procedures regarding referrals and\\nobtaining prior authorization for services other than obstetric and\\ngynecologic services rendered by such qualified provider, and agrees to\\nprovide services pursuant to a treatment plan (if any) approved by the\\nhealth maintenance organization.\\n 2. A health maintenance organization shall treat the provision of\\nobstetric and gynecologic care, and the ordering of related obstetric\\nand gynecologic items and services, pursuant to the direct access\\ndescribed in subdivision one of this section by a participating\\nqualified provider of such services, as the authorization of the primary\\ncare provider.\\n 3. It shall be the duty of the administrative officer or other person\\nin charge of each health maintenance organization to advise each female\\nenrollee, in writing, of the provisions of this section.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4406-C", "title" : "Prohibitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-05-01", "2017-07-07", "2017-10-27", "2017-12-29", "2019-04-19", "2019-07-12", "2019-10-25", "2020-01-10", "2020-04-17", "2021-07-02", "2022-04-22", "2023-03-10", "2023-05-12", "2023-06-23", "2023-07-07", "2025-05-16", "2025-12-26", "2026-02-20", "2026-06-19" ], "docLevelId" : "4406-C", "activeDate" : "2019-07-12", "sequenceNo" : 1771, "repealedDate" : null, "fromSection" : "4406-C", "toSection" : "4406-C", "text" : " § 4406-c. Prohibitions. 1. For purposes of this section, \"health care\\nplan\" shall mean a health maintenance organization licensed pursuant to\\narticle forty-three of the insurance law or certified pursuant to this\\narticle or an independent practice association certified or recognized\\npursuant to this article or a medical group.\\n 2. No health care plan shall by contract or written policy or written\\nprocedure prohibit or restrict any health care provider from disclosing\\nto any subscriber, enrollee, patient, designated representative or,\\nwhere appropriate, prospective enrollee, (hereinafter collectively\\nreferred to as enrollee) any information that such provider deems\\nappropriate regarding:\\n (a) a condition or a course of treatment with an enrollee including\\nthe availability of other therapies, consultations, or tests; or\\n (b) the provisions, terms, or requirements of the health care plan's\\nproducts as they relate to the enrollee, where applicable.\\n * 3. No health care plan shall by contract, written policy or written\\nprocedure prohibit or restrict any health care provider from filing a\\ncomplaint, making a report or commenting to an appropriate governmental\\nbody regarding the policies or practices of such health care plan which\\nthe provider believes may negatively impact upon the quality of, or\\naccess to, patient care.\\n * NB Effective until January 1, 2020\\n * 3. No health care plan shall by contract, written policy, written\\nprocedure or practice prohibit or restrict any health care provider from\\nfiling a complaint, making a report or commenting to an appropriate\\ngovernmental body regarding the policies or practices of such health\\ncare plan which the provider believes may negatively impact upon the\\nquality of, or access to, patient care. Nor shall a health care plan\\ntake any adverse action, including but not limited to refusing to renew\\nor execute a contract or agreement with a health care provider as\\nretaliation against a health care provider for filing a complaint,\\nmaking a report or commenting to an appropriate governmental body\\nregarding policies or practices of such health care plan which may\\nviolate this chapter or the insurance law including subsection (g), (k),\\n(l), (l-1) or (1-2) of section forty-three hundred three of the\\ninsurance law.\\n * NB Effective January 1, 2020\\n 4. No health care plan shall by contract, written policy or written\\nprocedure prohibit or restrict any health care provider from advocating\\nto the health care plan on behalf of the enrollee for approval or\\ncoverage of a particular course of treatment or for the provision of\\nhealth care services.\\n 5. No contract or agreement between a health care plan and a health\\ncare provider shall contain any clause purporting to transfer to the\\nhealth care provider, other than a medical group, by indemnification or\\notherwise any liability relating to activities, actions or omissions of\\nthe health care plan as opposed to those of the health care provider.\\n 5-a. Contracts entered into between a plan and a health care provider\\nshall include terms which prescribe:\\n (a) the method by which payments to a provider, including any\\nprospective or retrospective adjustments thereto, shall be calculated;\\n (b) the time periods within which such calculations will be completed,\\nthe dates upon which any such payments and adjustments shall be\\ndetermined to be due, and the dates upon which any such payments and\\nadjustments will be made;\\n (c) a description of the records or information relied upon to\\ncalculate any such payments and adjustments, and a description of how\\nthe provider can access a summary of such calculations and adjustments;\\n (d) the process to be employed to resolved disputed incorrect or\\nincomplete records or information and to adjust any such payments and\\nadjustments which have been calculated by relying on any such incorrect\\nor incomplete records or information and to adjust any such payments and\\nadjustments which have been calculated by relying on any such incorrect\\nor incomplete records or information so disputed; provided, however,\\nthat nothing herein shall be deemed to authorize or require the\\ndisclosure of personally identifiable patient information or information\\nrelated to other individual health care providers or the plan's\\nproprietary data collection systems, software or quality assurance or\\nutilization review methodologies; and\\n (e) the right of either party to the contract to seek resolution of a\\ndispute arising pursuant to the payment terms of such contract through a\\nproceeding under article seventy-five of the civil practice law and\\nrules.\\n 5-b. No contract entered into with health care providers shall be\\nenforceable if it includes terms which transfer financial risk to\\nproviders, in a manner inconsistent with the provisions of paragraph (c)\\nof subdivision one of section forty-four hundred three of this article,\\nor penalize providers for unfavorable case mix so as to jeopardize the\\nquality of or enrollees' appropriate access to medically necessary\\nservices; provided, however, that payment at less than prevailing fee\\nfor service rates or capitation shall not be deemed or presumed prima\\nfacie to jeopardize quality or access.\\n 5-c. (a) No health care plan shall implement an adverse reimbursement\\nchange to a contract with a health care professional that is otherwise\\npermitted by the contract, unless, prior to the effective date of the\\nchange, the health care plan gives the health care professional with\\nwhom the health care plan has directly contracted and who is impacted by\\nthe adverse reimbursement change, at least ninety days written notice of\\nthe change. If the contracting health care professional objects to the\\nchange that is the subject of the notice by the health care plan, the\\nhealth care professional may, within thirty days of the date of the\\nnotice, give written notice to the health care plan to terminate his or\\nher contract with the health care plan effective upon the implementation\\ndate of the adverse reimbursement change. For the purposes of this\\nsubdivision, the term \"adverse reimbursement change\" shall mean a\\nproposed change that could reasonably be expected to have a material\\nadverse impact on the aggregate level of payment to a health care\\nprofessional, and the term \"health care professional\" shall mean a\\nhealth care professional licensed, registered or certified pursuant to\\ntitle eight of the education law. The notice provisions required by this\\nsubdivision shall not apply where: (i) such change is otherwise required\\nby law, regulation or applicable regulatory authority, or is required as\\na result of changes in fee schedules, reimbursement methodology or\\npayment policies established by a government agency or by the American\\nMedical Association's current procedural terminology (CPT) codes,\\nreporting guidelines and conventions; or (ii) such change is expressly\\nprovided for under the terms of the contract by the inclusion of or\\nreference to a specific fee or fee schedule, reimbursement methodology\\nor payment policy indexing mechanism.\\n (b) Nothing in this subdivision shall create a private right of action\\non behalf of a health care professional against a health care plan for\\nviolations of this subdivision.\\n * 5-d. If a contract between a plan and a hospital is not renewed or\\nis terminated by either party, the parties shall continue to abide by\\nthe terms of such contract, including reimbursement terms, for a period\\nof two months from the effective date of termination or, in the case of\\na non-renewal, from the end of the contract period. Notice shall be\\nprovided to all enrollees potentially affected by such termination or\\nnon-renewal within fifteen days after commencement of the two-month\\nperiod. The commissioner shall have the authority to waive the two-month\\nperiod upon the request of either party to a contract that is being\\nterminated for cause. This subdivision shall not apply where both\\nparties mutually agree in writing to the termination or non-renewal and\\nthe plan provides notice to the enrollee at least thirty days in advance\\nof the date of contract termination.\\n * NB Repealed June 30, 2021\\n 6. No health care plan which provides coverage for prescription drugs\\nshall require, or enter into a contract which permits, a copayment which\\nexceeds the usual and customary cost of such prescribed drug.\\n * 7. No health maintenance organization which provides coverage for\\nprescription drugs and for which cost-sharing, deductibles or\\nco-insurance obligations are determined by category of prescription\\ndrugs shall impose cost-sharing, deductibles or co-insurance obligations\\nfor any prescription drug that exceeds the dollar amount of\\ncost-sharing, deductibles or co-insurance obligations for non-preferred\\nbrand drugs or its equivalent (or brand drugs if there is no\\nnon-preferred brand drug category).\\n * NB There are 2 sub 7's\\n * 7. Any contract provision, written policy or written procedure in\\nviolation of this section shall be deemed to be void and unenforceable.\\n * NB There are 2 sub 7's\\n 8. (a) A health care plan shall not deny payment to a general hospital\\ncertified pursuant to article twenty-eight of this chapter for a claim\\nfor medically necessary inpatient services resulting from an emergency\\nadmission provided by a general hospital solely on the basis that the\\ngeneral hospital did not timely notify such health care plan that the\\nservices had been provided.\\n (b) Nothing in this subdivision shall preclude a general hospital and\\na health care plan from agreeing to requirements for timely notification\\nthat medically necessary inpatient services resulting from an emergency\\nadmission have been provided and to reductions in payment for failure to\\ntimely notify; provided, however that: (i) any requirement for timely\\nnotification must provide for a reasonable extension of timeframes for\\nnotification for emergency services provided on weekends or federal\\nholidays, (ii) any agreed to reduction in payment for failure to timely\\nnotify shall not exceed the lesser of two thousand dollars or twelve\\npercent of the payment amount otherwise due for the service provided,\\nand (iii) any agreed to reduction in payment shall not be imposed if the\\npatient's coverage could not be determined by the hospital after\\nreasonable efforts at the time the inpatient services were provided.\\n 9. A health care plan shall not require a prior authorization\\ndetermination for services provided in a neonatal intensive care unit of\\na general hospital certified pursuant to article twenty-eight of this\\nchapter. Nothing in this subdivision shall prohibit a health care plan\\nfrom denying a claim for such services if the services are subsequently\\ndetermined not medically necessary.\\n 10. (a) Any contract or other arrangement entered into by a health\\ncare plan for the provision and administration of pharmacy benefit\\nmanagement services on behalf of individuals enrolled in a managed care\\nprovider, as defined in section three hundred sixty-four-j of the social\\nservices law, shall be based on a pass-through pricing model and include\\nthe following requirements:\\n (i) Payment to the pharmacy benefit manager for pharmacy benefit\\nmanagement services shall be limited to the actual ingredient costs,\\ndispensing fees paid to pharmacies, and an administrative fee that\\ncovers the cost of providing pharmacy benefit management services\\npursuant to a contract described in this paragraph. The department may\\nestablish a maximum administrative fee;\\n (ii) The pharmacy benefit manager shall identify all sources and\\namounts of income, payments, and financial benefits to the pharmacy\\nbenefit manager related to the provision and administration of pharmacy\\nbenefit management services on behalf of the health care plan,\\nincluding, but not limited to, any pricing discounts, rebates of any\\nkind, inflationary payments, credits, clawbacks, fees, grants,\\nchargebacks, reimbursements, or other benefits and shall ensure that any\\nportion of such income, payments, and financial benefits is passed\\nthrough to the health care plan in full to reduce the reportable\\ningredient cost;\\n (iii) The pharmacy benefit manager shall fully disclose to the\\ndepartment and to the health care plan the sources and amounts of all\\nincome, payments, and financial benefits referred to in subparagraph\\n(ii) of this paragraph received by the pharmacy benefit manager;\\n (iv) The pharmacy benefit manager shall identify all ingredient costs\\nand dispensing fees or similar payments made by the pharmacy benefit\\nmanager to any pharmacy in connection with the contract or other\\narrangement;\\n (v) The pharmacy benefit manager shall not utilize any form of spread\\npricing in any contract or other arrangement with health care plans. For\\npurposes of this subdivision \"spread pricing\" means any amount charged\\nor claimed by the pharmacy benefit manager in excess of the amount paid\\nto pharmacies on behalf of the health care plan less an administrative\\nfee as described in this paragraph. Any such excess amount shall be\\nremitted to the health care plan on a quarterly basis;\\n (vi) Pharmacy benefit managers shall make their payment model for\\nadministrative fees available to the health care plan and to the\\ndepartment. The health care plan shall, if so directed by the\\ndepartment, make changes to the payment model and resubmit an amended\\ncontract or contracts to the department for review and approval.\\n (b) Any changes to premiums resulting from such contracts shall be\\nsubject to certification by the state's actuary as actuarially\\nappropriate.\\n (c) Contracts or other arrangements subject to this subdivision shall\\nbe submitted to the department for review and approval as required by\\nand in accordance with state law and the regulations of the department.\\nContracts or other arrangements subject to this subdivision existing and\\nin force at the time of enactment of this subdivision shall be submitted\\nto the department for review and approval on or before July first, two\\nthousand nineteen.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4406-D", "title" : "Health care professional applications and terminations", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2016-11-18", "2017-04-14", "2020-04-17" ], "docLevelId" : "4406-D", "activeDate" : "2017-04-14", "sequenceNo" : 1772, "repealedDate" : null, "fromSection" : "4406-D", "toSection" : "4406-D", "text" : " § 4406-d. Health care professional applications and terminations. 1.\\n(a) A health care plan shall, upon request, make available and disclose\\nto health care professionals written application procedures and minimum\\nqualification requirements which a health care professional must meet in\\norder to be considered by the health care plan. The plan shall consult\\nwith appropriately qualified health care professionals in developing its\\nqualification requirements. A health care plan shall complete review of\\nthe health care professional's application to participate in the\\nin-network portion of the health care plan's network and shall, within\\nsixty days of receiving a health care professional's completed\\napplication to participate in the health care plan's network, notify the\\nhealth care professional as to: (i) whether he or she is credentialed;\\nor (ii) whether additional time is necessary to make a determination\\nbecause of a failure of a third party to provide necessary\\ndocumentation. In such instances where additional time is necessary\\nbecause of a lack of necessary documentation, a health plan shall make\\nevery effort to obtain such information as soon as possible and shall\\nmake a final determination within twenty-one days of receiving the\\nnecessary documentation.\\n (b) If the completed application of a newly-licensed health care\\nprofessional or a health care professional who has recently relocated to\\nthis state from another state and has not previously practiced in this\\nstate, who joins a group practice of health care professionals each of\\nwhom participates in the in-network portion of a health care plan's\\nnetwork, is neither approved nor declined within sixty days of\\nsubmission of a completed application pursuant to paragraph (a) of this\\nsubdivision, the health care professional shall be deemed \"provisionally\\ncredentialed\" and may participate in the in-network portion of the\\nhealth care plan's network; provided, however, that a provisionally\\ncredentialed physician may not be designated as an enrollee's primary\\ncare physician until such time as the physician has been fully\\ncredentialed. The network participation for a provisionally credentialed\\nhealth care professional shall begin on the day following the sixtieth\\nday of receipt of the completed application and shall last until the\\nfinal credentialing determination is made by the health care plan. A\\nhealth care professional shall only be eligible for provisional\\ncredentialing if the group practice of health care professionals\\nnotifies the health care plan in writing that, should the application\\nultimately be denied, the health care professional or the group\\npractice: (i) shall refund any payments made by the health care plan for\\nin-network services provided by the provisionally credentialed health\\ncare professional that exceed any out-of-network benefits payable under\\nthe enrollee's contract with the health care plan; and (ii) shall not\\npursue reimbursement from the enrollee, except to collect the copayment\\nthat otherwise would have been payable had the enrollee received\\nservices from a health care professional participating in the in-network\\nportion of a health care plan's network. Interest and penalties pursuant\\nto section three thousand two hundred twenty-four-a of the insurance law\\nshall not be assessed based on the denial of a claim submitted during\\nthe period when the health care professional was provisionally\\ncredentialed; provided, however, that nothing herein shall prevent a\\nhealth care plan from paying a claim from a health care professional who\\nis provisionally credentialed upon submission of such claim. A health\\ncare plan shall not deny, after appeal, a claim for services provided by\\na provisionally credentialed health care professional solely on the\\nground that the claim was not timely filed.\\n 2. (a) A health care plan shall not terminate a contract with a health\\ncare professional unless the health care plan provides to the health\\ncare professional a written explanation of the reasons for the proposed\\ncontract termination and an opportunity for a review or hearing as\\nhereinafter provided. This section shall not apply in cases involving\\nimminent harm to patient care, a determination of fraud, or a final\\ndisciplinary action by a state licensing board or other governmental\\nagency that impairs the health care professional's ability to practice.\\n (b) The notice of the proposed contract termination provided by the\\nhealth care plan to the health care professional shall include:\\n (i) the reasons for the proposed action;\\n (ii) notice that the health care professional has the right to request\\na hearing or review, at the professional's discretion, before a panel\\nappointed by the health care plan;\\n (iii) a time limit of not less than thirty days within which a health\\ncare professional may request a hearing; and\\n (iv) a time limit for a hearing date which must be held within thirty\\ndays after the date of receipt of a request for a hearing.\\n (c) The hearing panel shall be comprised of three persons appointed by\\nthe health care plan. At least one person on such panel shall be a\\nclinical peer in the same discipline and the same or similar specialty\\nas the health care professional under review. The hearing panel may\\nconsist of more than three persons, provided however that the number of\\nclinical peers on such panel shall constitute one-third or more of the\\ntotal membership of the panel.\\n (d) The hearing panel shall render a decision on the proposed action\\nin a timely manner. Such decision shall include reinstatement of the\\nhealth care professional by the health care plan, provisional\\nreinstatement subject to conditions set forth by the health care plan or\\ntermination of the health care professional. Such decision shall be\\nprovided in writing to the health care professional.\\n (e) A decision by the hearing panel to terminate a health care\\nprofessional shall be effective not less than thirty days after the\\nreceipt by the health care professional of the hearing panel's decision;\\nprovided, however, that the provisions of paragraph (e) of subdivision\\nsix of section four thousand four hundred three of this article shall\\napply to such termination.\\n (f) In no event shall termination be effective earlier than sixty days\\nfrom the receipt of the notice of termination.\\n 3. Either party to a contract may exercise a right of non-renewal at\\nthe expiration of the contract period set forth therein or, for a\\ncontract without a specific expiration date, on each January first\\noccurring after the contract has been in effect for at least one year,\\nupon sixty days notice to the other party; provided, however, that any\\nnon-renewal shall not constitute a termination for purposes of this\\nsection.\\n 4. A health care plan shall develop and implement policies and\\nprocedures to ensure that health care professionals are regularly\\ninformed of information maintained by the health care plan to evaluate\\nthe performance or practice of the health care professional. The health\\ncare plan shall consult with health care professionals in developing\\nmethodologies to collect and analyze health care professional profiling\\ndata. Health care plans shall provide any such information and profiling\\ndata and analysis to health care professionals. Such information, data\\nor analysis shall be provided on a periodic basis appropriate to the\\nnature and amount of data and the volume and scope of services provided.\\nAny profiling data used to evaluate the performance or practice of a\\nhealth care professional shall be measured against stated criteria and\\nan appropriate group of health care professionals using similar\\ntreatment modalities serving a comparable patient population. Upon\\npresentation of such information or data, each health care professional\\nshall be given the opportunity to discuss the unique nature of the\\nhealth care professional's patient population which may have a bearing\\non the health care professional's profile and to work cooperatively with\\nthe health care plan to improve performance.\\n 5. No health care plan shall terminate a contract or employment, or\\nrefuse to renew a contract, solely because a health care provider has:\\n (a) advocated on behalf of an enrollee;\\n (b) filed a complaint against the health care plan;\\n (c) appealed a decision of the health care plan;\\n (d) provided information or filed a report pursuant to section\\nforty-four hundred six-c of this article; or\\n (e) requested a hearing or review pursuant to this section.\\n 6. Except as provided herein, no contract or agreement between a\\nhealth care plan and a health care professional shall contain any\\nprovision which shall supersede or impair a health care professional's\\nright to notice of reasons for termination and the opportunity for a\\nhearing or review concerning such termination.\\n 7. Any contract provision in violation of this section shall be deemed\\nto be void and unenforceable.\\n 8. For purposes of this section, \"health care plan\" shall mean a\\nhealth maintenance organization licensed pursuant to article forty-three\\nof the insurance law or certified pursuant to this article or an\\nindependent practice association certified or recognized pursuant to\\nthis article.\\n 9. For purposes of this section, \"health care professional\" shall mean\\na health care professional licensed, registered or certified pursuant to\\ntitle eight of the education law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4406-E", "title" : "Access to end of life care", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4406-E", "activeDate" : "2014-09-22", "sequenceNo" : 1773, "repealedDate" : null, "fromSection" : "4406-E", "toSection" : "4406-E", "text" : " § 4406-e. Access to end of life care. 1. For the purposes of this\\nsection, \"health care plan\" means a health maintenance organization\\nlicensed pursuant to article forty-three of the insurance law or\\ncertified pursuant to this article.\\n 2. Every health care plan that provides coverage for hospital,\\nsurgical or medical care that includes coverage for acute care services\\nshall provide an enrollee diagnosed with advanced cancer (with no hope\\nof reversal of primary disease and fewer than sixty days to live, as\\ncertified by the patient's attending health care practitioner) with\\ncoverage for acute care services at an acute care facility licensed\\npursuant to article twenty-eight of this chapter specializing in the\\ntreatment of terminally ill patients, if the patient's attending health\\ncare practitioner, in consultation with the medical director of the\\nfacility, determines that the enrollee's care would appropriately be\\nprovided by the facility.\\n 3. Notwithstanding the provisions of article forty-nine of this\\nchapter, if the health care plan disagrees with the admission of or\\nprovision or continuation of care for the enrollee by the facility, the\\nhealth care plan shall initiate an expedited external appeal in\\naccordance with the provisions of paragraph (c) of subdivision two of\\nsection forty-nine hundred fourteen of this chapter, provided further,\\nthat until such decision is rendered, the admission of or provision or\\ncontinuation of the care by the facility shall not be denied by the\\nhealth care plan and the health care plan shall provide coverage and\\nreimburse the facility for services provided subject to the provisions\\nof this section and other limitations otherwise applicable under the\\nenrollee's contract. The decision of the external appeal agent shall be\\nbinding on all parties. If the health care plan does not initiate an\\nexpedited external appeal, the health care plan shall reimburse the\\nfacility for services provided subject to the provisions of this section\\nand other limitations otherwise applicable under the enrollee's\\ncontract.\\n 4. A health care plan shall provide reimbursement for those services\\nprescribed by this section at rates negotiated between the health care\\nplan and the facility. In the absence of agreed upon rates, a health\\ncare plan shall pay for acute care at the facility's acute care rate\\nunder the Medicare program (Title XVIII of the federal Social Security\\nAct), including the Part A rate for Part A services and the Part B rate\\nfor Part B services, and shall pay for alternate level care days at\\nseventy-five percent of the acute care rate, including the Part A rate\\nfor Part A services and the Part B rate for Part B services.\\n 5. Payment by a health care plan pursuant to this section shall be\\npayment in full for the services provided to the enrollee. An acute care\\nfacility reimbursed pursuant to this section shall not charge or seek\\nany reimbursement from, or have any recourse against an enrollee for the\\nservices provided by the acute care facility pursuant to this section,\\nexcept for the collection of copayments, coinsurance or visit fees, or\\ndeductibles for which the enrollee is responsible under the terms of the\\napplicable contract.\\n 6. No provision of this section shall be construed to require a health\\ncare plan to provide coverage for benefits not otherwise covered under\\nthe enrollee's contract.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4406-F", "title" : "Maternal depression screenings", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-02-06" ], "docLevelId" : "4406-F", "activeDate" : "2015-02-06", "sequenceNo" : 1774, "repealedDate" : null, "fromSection" : "4406-F", "toSection" : "4406-F", "text" : " § 4406-f. Maternal depression screenings. To the extent a plan\\nprovides coverage for maternal depression screening, no health\\nmaintenance organization subject to this article shall by contract,\\nwritten policy or procedure limit a patient enrollee's direct access to\\nscreening and referral for maternal depression, as defined in\\nsubdivision one of section twenty-five hundred-k of this chapter, from a\\nprovider of obstetrical, gynecologic, or pediatric services of her\\nchoice; provided that the patient enrollee's access to such services,\\ncoverage and choice of provider is otherwise subject to the terms and\\nconditions of the plan under which the patient enrollee is covered.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4406-G", "title" : "Telehealth delivery of services", "docType" : "SECTION", "publishedDates" : [ "2015-03-20", "2016-01-08", "2022-04-22", "2024-04-26", "2026-05-29" ], "docLevelId" : "4406-G", "activeDate" : "2016-01-08", "sequenceNo" : 1775, "repealedDate" : null, "fromSection" : "4406-G", "toSection" : "4406-G", "text" : " § 4406-g. Telehealth delivery of services. 1. A health maintenance\\norganization shall not exclude from coverage a service that is otherwise\\ncovered under an enrollee contract of a health maintenance organization\\nbecause the service is delivered via telehealth, as that term is defined\\nin subdivision two of this section; provided, however, that a health\\nmaintenance organization may exclude from coverage a service by a health\\ncare provider where the provider is not otherwise covered under the\\nenrollee contract. A health maintenance organization may subject the\\ncoverage of a service delivered via telehealth to co-payments,\\ncoinsurance or deductibles provided that they are at least as favorable\\nto the enrollee as those established for the same service when not\\ndelivered via telehealth. A health maintenance organization may subject\\nthe coverage of a service delivered via telehealth to reasonable\\nutilization management and quality assurance requirements that are\\nconsistent with those established for the same service when not\\ndelivered via telehealth.\\n 2. For purposes of this section, \"telehealth\" means the use of\\nelectronic information and communication technologies by a health care\\nprovider to deliver health care services to an enrollee while such\\nenrollee is located at a site that is different from the site where the\\nhealth care provider is located.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4407", "title" : "Health maintenance organizations; employer requirements", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4407", "activeDate" : "2014-09-22", "sequenceNo" : 1776, "repealedDate" : null, "fromSection" : "4407", "toSection" : "4407", "text" : " § 4407. Health maintenance organizations; employer requirements. 1.\\nAll employers subject to the provisions of the unemployment insurance\\nlaw, except for those employers with fewer than twenty-five employees,\\nshall include in any health benefits plan offered to their employees,\\nthe option of membership in a health maintenance organization which\\nprovides or offers a comprehensive health services plan in accordance\\nwith the provisions of this article, but only if such plan serves an\\narea in which twenty-five of such employer's employees reside and the\\norganization has been issued a certificate of authority by the\\ncommissioner.\\n 2. For those employees of an employer represented by a bargaining\\nrepresentative, the offer of the health maintenance organization\\nalternative shall be subject only to the collective bargaining process;\\nfor those employees not represented by a bargaining representative, the\\noffer of the health maintenance organization alternative shall be made\\ndirectly to the employee.\\n 3. (a) If there is more than one health maintenance organization\\nengaged in the provision of health services in the area in which the\\nemployees of the employer reside, and if:\\n (i) one or more of such organizations provides more than one-half of\\nits comprehensive health services through physicians or other health\\nprofessionals who are members of the staff of the organization or of a\\nmedical group (or groups) which contracts with the organization, and\\n (ii) one or more of such organizations provides its comprehensive\\nhealth services through contracts with an individual practice\\nassociation (or associations), individual physicians and other health\\nprofessionals under contract directly with the organization, or a\\ncombination of an individual practice association (or associations),\\nmedical group (or groups), physicians who are members of the staff of\\nthe organization, and individual physicians and other health\\nprofessionals under contract directly with the organization,\\nthen the employer shall, in accordance with regulations of the\\ncommissioner, be required to offer the option of enrollment in at least\\none organization described in subparagraph (i) of this paragraph and at\\nleast one organization described in subparagraph (ii) of this paragraph\\nif the employer has twenty-five or more but fewer than two hundred\\nemployees. If the employer has two hundred or more employees and the\\nemployer's principal office in this state is located outside of the\\nmetropolitan region then the employer shall be required to offer the\\noption of enrollment in at least two organizations described in\\nsubparagraph (i) of this paragraph and at least two organizations\\ndescribed in subparagraph (ii) of this paragraph. If the employer has\\ntwo hundred or more employees and the employer's principal office in\\nthis state is located within the metropolitan region then the employer\\nshall be required to offer the option of enrollment in at least two\\norganizations described in subparagraph (i) of this paragraph and at\\nleast two organizations described in subparagraph (ii) of this paragraph\\nand an additional organization from either subparagraph. For the\\npurposes of this section the metropolitan region is defined as the\\ncounties of Westchester, Rockland, New York, Kings, Queens, Richmond,\\nBronx, Nassau and Suffolk.\\n (b) If within any particular area of the state in which at least\\ntwenty-five of such employer's employees reside there are fewer health\\nmaintenance organizations described in subparagraph (i) or (ii) of\\nparagraph (a) of this subdivision than the employer is required to\\noffer, then additional health maintenance organizations from\\nsubparagraph (i) or (ii) of paragraph (a) of this subdivision shall be\\noffered; provided, however, that no employer with fewer than two hundred\\nemployees shall be required to offer more than a total of two health\\nmaintenance organizations, and no employer with two hundred or more\\nemployees shall be required to offer more than a total of four health\\nmaintenance organizations (or five such organizations if the employer's\\nprincipal office is located within the metropolitan region) in any\\nparticular area of the state. In the event fewer than the required\\ntotal minimum number of health maintenance organizations are available\\nin an area, the employer shall offer all health maintenance\\norganizations then certified to issue subscriber contracts in that area.\\nNothing in this subdivision shall be deemed to prohibit an employer from\\nchoosing to offer more health maintenance organizations to its employees\\nthan are required under this subdivision.\\n 4. No employer shall be required to pay more for health benefits as a\\nresult of the application of this section than would otherwise be\\nrequired by any prevailing collective bargaining agreement or other\\nlegally enforceable contract for the provision of health benefits\\nbetween an employer and his employees.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4408", "title" : "Disclosure of information", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-04-10", "2017-01-06", "2019-04-19", "2020-01-10", "2022-04-22", "2022-12-30", "2023-03-10", "2023-03-17", "2023-06-30", "2024-06-28", "2024-07-05", "2025-10-03", "2026-01-09" ], "docLevelId" : "4408", "activeDate" : "2019-04-19", "sequenceNo" : 1777, "repealedDate" : null, "fromSection" : "4408", "toSection" : "4408", "text" : " § 4408. Disclosure of information. 1. Each subscriber, and upon\\nrequest each prospective subscriber prior to enrollment, shall be\\nsupplied with written disclosure information which may be incorporated\\ninto the member handbook or the subscriber contract or certificate\\ncontaining at least the information set forth below. In the event of any\\ninconsistency between any separate written disclosure statement and the\\nsubscriber contract or certificate, the terms of the subscriber contract\\nor certificate shall be controlling. The information to be disclosed\\nshall include at least the following:\\n (a) a description of coverage provisions; health care benefits;\\nbenefit maximums, including benefit limitations; and exclusions of\\ncoverage, including the definition of medical necessity used in\\ndetermining whether benefits will be covered;\\n (b) a description of all prior authorization or other requirements for\\ntreatments and services;\\n (c) a description of utilization review policies and procedures used\\nby the health maintenance organization, including:\\n (i) the circumstances under which utilization review will be\\nundertaken;\\n (ii) the toll-free telephone number of the utilization review agent;\\n (iii) the timeframes under which utilization review decisions must be\\nmade for prospective, retrospective and concurrent decisions;\\n (iv) the right to reconsideration;\\n (v) the right to an appeal, including the expedited and standard\\nappeals processes and the time frames for such appeals;\\n (vi) the right to designate a representative;\\n (vii) a notice that all denials of claims will be made by qualified\\nclinical personnel and that all notices of denials will include\\ninformation about the basis of the decision;\\n (viii) a notice of the right to an external appeal together with a\\ndescription, jointly promulgated by the commissioner and the\\nsuperintendent of financial services as required pursuant to subdivision\\nfive of section forty-nine hundred fourteen of this chapter, of the\\nexternal appeal process established pursuant to title two of article\\nforty-nine of this chapter and the timeframes for such appeals; and\\n (ix) further appeal rights, if any;\\n (d) a description prepared annually of the types of methodologies the\\nhealth maintenance organization uses to reimburse providers specifying\\nthe type of methodology that is used to reimburse particular types of\\nproviders or reimburse for the provision of particular types of\\nservices; provided, however, that nothing in this paragraph should be\\nconstrued to require disclosure of individual contracts or the specific\\ndetails of any financial arrangement between a health maintenance\\norganization and a health care provider;\\n (e) an explanation of a subscriber's financial responsibility for\\npayment of premiums, coinsurance, co-payments, deductibles and any other\\ncharges, annual limits on a subscriber's financial responsibility, caps\\non payments for covered services and financial responsibility for\\nnon-covered health care procedures, treatments or services provided\\nwithin the health maintenance organization;\\n (f) an explanation of a subscriber's financial responsibility for\\npayment when services are provided by a health care provider who is not\\npart of the health maintenance organization or by any provider without\\nrequired authorization or when a procedure, treatment or service is not\\na covered health care benefit;\\n (g) a description of the grievance procedures to be used to resolve\\ndisputes between a health maintenance organization and an enrollee,\\nincluding: the right to file a grievance regarding any dispute between\\nan enrollee and a health maintenance organization; the right to file a\\ngrievance orally when the dispute is about referrals or covered\\nbenefits; the toll-free telephone number which enrollees may use to file\\nan oral grievance; the timeframes and circumstances for expedited and\\nstandard grievances; the right to appeal a grievance determination and\\nthe procedures for filing such an appeal; the timeframes and\\ncircumstances for expedited and standard appeals; the right to designate\\na representative; a notice that all disputes involving clinical\\ndecisions will be made by qualified clinical personnel; and that all\\nnotices of determination will include information about the basis of the\\ndecision and further appeal rights, if any;\\n (h) a description of the procedure for providing care and coverage\\ntwenty-four hours a day for emergency services. Such description shall\\ninclude a definition of emergency services; notice that emergency\\nservices are not subject to prior approval; and shall describe the\\nenrollee's financial and other responsibilities regarding obtaining such\\nservices including when such services are received outside the health\\nmaintenance organization's service area;\\n (i) a description of procedures for enrollees to select and access the\\nhealth maintenance organization's primary and specialty care providers,\\nincluding notice of how to determine whether a participating provider is\\naccepting new patients;\\n (j) a description of the procedures for changing primary and specialty\\ncare providers within the health maintenance organization;\\n (k) notice that an enrollee may obtain a referral to a health care\\nprovider outside of the health maintenance organization's network or\\npanel when the health maintenance organization does not have a health\\ncare provider who is geographically accessible to the enrollee and who\\nhas appropriate training and experience in the network or panel to meet\\nthe particular health care needs of the enrollee and the procedure by\\nwhich the enrollee can obtain such referral;\\n (l) notice that an enrollee with a condition which requires ongoing\\ncare from a specialist may request a standing referral to such a\\nspecialist and the procedure for requesting and obtaining such a\\nstanding referral;\\n (m) notice that an enrollee with (i) a life-threatening condition or\\ndisease or (ii) a degenerative and disabling condition or disease either\\nof which requires specialized medical care over a prolonged period of\\ntime may request a specialist responsible for providing or coordinating\\nthe enrollee's medical care and the procedure for requesting and\\nobtaining such a specialist;\\n (n) notice that an enrollee with a (i) a life-threatening condition or\\ndisease or (ii) a degenerative and disabling condition or disease either\\nof which requires specialized medical care over a prolonged period of\\ntime may request access to a specialty care center and the procedure by\\nwhich such access may be obtained;\\n (o) a description of the mechanisms by which enrollees may participate\\nin the development of the policies of the health maintenance\\norganization;\\n (p) a description of how the health maintenance organization addresses\\nthe needs of non-English speaking enrollees;\\n (p-1) notice that an enrollee shall have direct access to primary and\\npreventive obstetric and gynecologic services, including annual\\nexaminations, care resulting from such annual examinations, and\\ntreatment of acute gynecologic conditions, from a qualified provider of\\nsuch services of her choice from within the plan or for any care related\\nto a pregnancy;\\n (q) notice of all appropriate mailing addresses and telephone numbers\\nto be utilized by enrollees seeking information or authorization;\\n * (r) a listing by specialty, which may be in a separate document that\\nis updated annually, of the name, address and telephone number of all\\nparticipating providers, including facilities, and, in addition, in the\\ncase of physicians, board certification, languages spoken and any\\naffiliations with participating hospitals. The listing shall also be\\nposted on the health maintenance organization's website and the health\\nmaintenance organization shall update the website within fifteen days of\\nthe addition or termination of a provider from the health maintenance\\norganization's network or a change in a physician's hospital\\naffiliation;\\n * NB Effective until January 1, 2020\\n * (r) a listing by specialty, which may be in a separate document that\\nis updated annually, of the name, address and telephone number of all\\nparticipating providers, including facilities, and: (i) whether the\\nprovider is accepting new patients; (ii) in the case of mental health or\\nsubstance use disorder services providers, any affiliations with\\nparticipating facilities certified or authorized by the office of mental\\nhealth or the office of alcoholism and substance abuse services, and any\\nrestrictions regarding the availability of the individual provider's\\nservices; and (iii) in the case of physicians, board certification,\\nlanguages spoken and any affiliations with participating hospitals. The\\nlisting shall also be posted on the health maintenance organization's\\nwebsite and the health maintenance organization shall update the website\\nwithin fifteen days of the addition or termination of a provider from\\nthe health maintenance organization's network or a change in a\\nphysician's hospital affiliation;\\n * NB Effective January 1, 2020\\n (s) where applicable, a description of the method by which an enrollee\\nmay submit a claim for health care services;\\n * (t) with respect to out-of-network coverage:\\n (i) a clear description of the methodology used by the health\\nmaintenance organization to determine reimbursement for out-of-network\\nhealth care services;\\n (ii) the amount that the health maintenance organization will\\nreimburse under the methodology for out-of-network health care services\\nset forth as a percentage of the usual and customary cost for\\nout-of-network health care services;\\n (iii) examples of anticipated out-of-pocket costs for frequently\\nbilled out-of-network health care services; and\\n * NB Effective until January 1, 2020\\n * (t) with respect to out-of-network coverage:\\n (i) a clear description of the methodology used by the health\\nmaintenance organization to determine reimbursement for out-of-network\\nhealth care services;\\n (ii) the amount that the health maintenance organization will\\nreimburse under the methodology for out-of-network health care services\\nset forth as a percentage of the usual and customary cost for\\nout-of-network health care services;\\n (iii) examples of anticipated out-of-pocket costs for frequently\\nbilled out-of-network health care services;\\n * NB Effective January 1, 2020\\n * (u) information in writing and through an internet website that\\nreasonably permits an enrollee or prospective enrollee to estimate the\\nanticipated out-of-pocket cost for out-of-network health care services\\nin a geographical area or zip code based upon the difference between\\nwhat the health maintenance organization will reimburse for\\nout-of-network health care services and the usual and customary cost for\\nout-of-network health care services.\\n * NB Effective until January 1, 2020\\n * (u) information in writing and through an internet website that\\nreasonably permits an enrollee or prospective enrollee to estimate the\\nanticipated out-of-pocket cost for out-of-network health care services\\nin a geographical area or zip code based upon the difference between\\nwhat the health maintenance organization will reimburse for\\nout-of-network health care services and the usual and customary cost for\\nout-of-network health care services; and\\n * NB Effective January 1, 2020\\n * (v) the most recent comparative analysis performed by the health\\nmaintenance organization to assess the provision of its covered services\\nin accordance with the Paul Wellstone and Pete Dominici Mental Health\\nParity and Addiction Equity Act of 2008, 42 U.S.C. 18031(j) and any\\namendments to, and federal guidance and regulations issued under, those\\nActs.\\n * NB Effective January 1, 2020\\n 2. Each health maintenance organization shall, upon request of an\\nenrollee or prospective enrollee:\\n (a) provide a list of the names, business addresses and official\\npositions of the membership of the board of directors, officers,\\ncontrolling persons, owners or partners of the health maintenance\\norganization;\\n (b) provide a copy of the most recent annual certified financial\\nstatement of the health maintenance organization, including a balance\\nsheet and summary of receipts and disbursements prepared by a certified\\npublic accountant;\\n (c) provide a copy of the most recent individual, direct pay\\nsubscriber contracts;\\n (d) provide information relating to consumer complaints compiled\\npursuant to section two hundred ten of the insurance law;\\n (e) provide the procedures for protecting the confidentiality of\\nmedical records and other enrollee information;\\n (f) allow enrollees and prospective enrollees to inspect drug\\nformularies used by such health maintenance organization; and provided\\nfurther, that the health maintenance organization shall also disclose\\nwhether individual drugs are included or excluded from coverage to an\\nenrollee or prospective enrollee who requests this information;\\n (g) provide a written description of the organizational arrangements\\nand ongoing procedures of the health maintenance organization's quality\\nassurance program;\\n (h) provide a description of the procedures followed by the health\\nmaintenance organization in making decisions about the experimental or\\ninvestigational nature of individual drugs, medical devices or\\ntreatments in clinical trials;\\n (i) provide individual health practitioner affiliations with\\nparticipating hospitals, if any;\\n (j) upon written request, provide specific written clinical review\\ncriteria relating to a particular condition or disease including\\nclinical review criteria relating to a step therapy protocol override\\ndetermination pursuant to subdivisions three-a, three-b and three-c of\\nsection forty-nine hundred three of this chapter, and, where\\nappropriate, other clinical information which the organization might\\nconsider in its utilization review and the organization may include with\\nthe information a description of how it will be used in the utilization\\nreview process; provided, however, that to the extent such information\\nis proprietary to the organization, the enrollee or prospective enrollee\\nshall only use the information for the purposes of assisting the\\nenrollee or prospective enrollee in evaluating the covered services\\nprovided by the organization. Such clinical review criteria, and other\\nclinical information shall also be made available to a health care\\nprofessional as defined in subdivision six of section forty-nine hundred\\nof this chapter, on behalf of an enrollee and upon written request;\\n (k) provide the written application procedures and minimum\\nqualification requirements for health care providers to be considered by\\nthe health maintenance organization;\\n (l) disclose other information as required by the commissioner,\\nprovided that such requirements are promulgated pursuant to the state\\nadministrative procedure act;\\n (m) disclose whether a health care provider scheduled to provide a\\nhealth care service is an in-network provider; and\\n (n) with respect to out-of-network coverage, disclose the approximate\\ndollar amount that the health maintenance organization will pay for a\\nspecific out-of-network health care service. The health maintenance\\norganization shall also inform an enrollee through such disclosure that\\nsuch approximation is not binding on the health maintenance organization\\nand that the approximate dollar amount that the health maintenance\\norganization will pay for a specific out-of-network health care service\\nmay change.\\n 3. Nothing in this section shall prevent a health maintenance\\norganization from changing or updating the materials that are made\\navailable to enrollees.\\n 4. If a primary care provider ceases participation in the health\\nmaintenance organization, the organization shall provide written notice\\nwithin fifteen days from the date that the organization becomes aware of\\nsuch change in status to each enrollee who has chosen the provider as\\ntheir primary care provider. If an enrollee is in an ongoing course of\\ntreatment with any other participating provider who becomes unavailable\\nto continue to provide services to such enrollee and the health\\nmaintenance organization is aware of such ongoing course of treatment,\\nthe health maintenance organization shall provide written notice within\\nfifteen days from the date that the health maintenance organization\\nbecomes aware of such unavailability to such enrollee. Each notice shall\\nalso describe the procedures for continuing care pursuant to paragraphs\\n(e) and (f) of subdivision six of section four thousand four hundred\\nthree of this article and for choosing an alternative provider.\\n 5. Every health maintenance organization shall annually on or before\\nApril first, file a report with the commissioner and superintendent of\\nfinancial services showing its financial condition as of the last day of\\nthe preceding calendar year, in such form and providing such information\\nas the commissioner shall prescribe.\\n 6. Every health maintenance organization offering to indemnify\\nenrollees pursuant to subdivision nine of section forty-four hundred\\nfive and subdivision two of section forty-four hundred six of this\\narticle shall on a quarterly basis file a report with the commissioner\\nand the superintendent of financial services showing the percentage\\nutilization for the preceding quarter of non-participating provider\\nservices in such form and providing such other information as the\\ncommissioner shall prescribe.\\n 7. For purposes of this section, \"usual and customary cost\" shall mean\\nthe eightieth percentile of all charges for the particular health care\\nservice performed by a provider in the same or similar specialty and\\nprovided in the same geographical area as reported in a benchmarking\\ndatabase maintained by a nonprofit organization specified by the\\nsuperintendent of financial services. The nonprofit organization shall\\nnot be affiliated with an insurer, a corporation subject to article\\nforty-three of the insurance law, a municipal cooperative health benefit\\nplan certified pursuant to article forty-seven of the insurance law, or\\na health maintenance organization certified pursuant to this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4408-A", "title" : "Integrated delivery systems", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4408-A", "activeDate" : "2014-09-22", "sequenceNo" : 1778, "repealedDate" : null, "fromSection" : "4408-A", "toSection" : "4408-A", "text" : " * § 4408-a. Integrated delivery systems. 1. Legislative purpose and\\nfindings. The legislature intends to facilitate the ability of\\nintegrated delivery systems to assume a larger role in delivering a full\\narray of health care services, from primary and preventive care through\\nacute inpatient hospital and post-hospital care to a defined population\\nfor a determined price. The legislature finds that the formation and\\noperation of integrated delivery systems under this section will promote\\nthe purposes of federal and state anti-referral statutes which are to\\nreduce over-utilization and expenditures and finds that such statutes\\nshould not be interpreted to interfere with the development of such\\nintegrated delivery systems or impose liability for arrangements between\\nan integrated delivery system certified pursuant to this section and its\\nparticipating providers and entities. The legislature further finds that\\nthe development of integrated delivery systems will reduce costs and\\nenhance quality. It intends that systems acting pursuant to a\\ncertificate of authority issued under this section shall not be subject\\nto state or federal antitrust liability for doing so.\\n 2. Definitions. For the purposes of this section:\\n (a) \"Applicant\" means a separate legal entity created for the purpose\\nof establishing and operating an integrated delivery system. Such entity\\nshall be composed of or controlled by one or more affiliated providers\\nor one or more affiliated groups of providers.\\n (b) \"Provider\" means an entity licensed or certified under article\\ntwenty-eight or thirty-six of this chapter; an entity licensed or\\ncertified under article sixteen, twenty-three, thirty-one or thirty-two\\nof the mental hygiene law; or a health care practitioner, or combination\\nof health care practitioners, licensed under title eight of the\\neducation law. Every provider shall be: (i) a natural person; (ii) a\\npartnership all of whose members are natural persons and that is not a\\nlimited partnership; or (iii) a corporation none of whose stock is owned\\nby another corporation.\\n 3. The commissioner, after receiving from the superintendent of\\nfinancial services the evaluations and approvals required pursuant to\\nsubdivision seven of this section, may issue a certificate of authority\\nto an applicant which satisfies the conditions under this section for\\nissuance established by the commissioner and which seeks to deliver\\ncomprehensive health services, on a capitated basis, including inpatient\\nservices, to:\\n (a) persons who are receiving benefits under title XVIII of the\\nfederal social security act; or\\n (b) persons who are receiving benefits under title XIX of the federal\\nsocial security act and commercial enrollees; or\\n (c) an enrollee population which includes persons receiving benefits\\nunder titles XVIII and XIX of the federal social security act and\\ncommercial enrollees.\\n 4. An applicant must demonstrate to the commissioner that it will\\nprovide at least seventy-five percent of the total expenditures for\\ncovered health care items and services directly to its enrollees through\\nthe provider, affiliated providers or affiliated groups of providers\\ncomprising such applicant. The applicant shall make arrangements or\\nreferrals for any covered health care items and services not provided\\ndirectly to its enrollees by such applicant.\\n 5. A provider shall be deemed affiliated with another provider or\\ngroup of providers if, through contract, ownership or otherwise:\\n (a) one provider, directly or indirectly, owns, controls, or holds the\\npower to vote, or proxies for, not less than fifty-one percent of the\\nvoting rights or governance rights of another;\\n (b) each provider is a participant in a lawful combination under which\\neach provider shares, either directly or indirectly, substantial\\nfinancial risk in connection with the activities and services of such\\ncombination; or\\n (c) a provider is a corporate member of a provider organized as a\\nnot-for-profit corporation duly designated pursuant to section six\\nhundred one of the not-for-profit corporation law.\\n 6. The commissioner shall be responsible for evaluating, approving and\\nregulating all matters relating to delivery systems, quality of care and\\naccess to care to be provided through the integrated delivery system. In\\nperforming this responsibility, the commissioner shall assure:\\n (a) that the formation and operation of the integrated delivery system\\nwill enhance access to health services in the area to be served; and\\n (b) subject to subdivision four of this section, the comprehensive\\nhealth services will be provided by the applicant through its proposed\\ndelivery system (including through providers other than those composing,\\naffiliated with or controlling the applicant).\\n 7. (a) The superintendent of financial services, in consultation with\\nthe commissioner in accordance with a protocol to be specified in a\\nmemorandum of understanding between the commissioner and the\\nsuperintendent of financial services regarding fiscal solvency, shall be\\nresponsible for evaluating, approving and regulating all matters\\nrelating to premium rates, subscriber contracts and fiscal solvency,\\nincluding reserves, surplus and provider contracts to the extent such\\ncontracts relate to fiscal solvency matters. The superintendent of\\nfinancial services, in the administration of this subdivision, shall:\\n (i) be guided by the standards which govern the fiscal solvency of a\\nhealth maintenance organization, provided, however, that the\\nsuperintendent of financial services shall recognize and consider the\\nspecific delivery components, operational capacity and financial\\ncapability of the applicant for a certificate of authority; and\\n (ii) not apply financial solvency standards that exceed those required\\nfor a health maintenance organization.\\n (b) Standards established pursuant to this subdivision shall be\\nadequate to protect the interests of the subscribers to integrated\\ndelivery systems. The superintendent of financial services must be\\nsatisfied that the applicant is fiscally sound, and has made adequate\\nprovisions to pay for services:\\n (i) that are furnished by providers that are not affiliated with the\\napplicant;\\n (ii) to meet the specialized health care needs of certain enrollees\\nneeding care at specialty care centers; and\\n (iii) for which claims are submitted after the period for which the\\napplicant will receive payments.\\n 8. The integrated delivery system shall have its premiums determined\\non a community-rated basis in accordance with the insurance law except\\nwhere the enrollees are eligible to receive services under title XIX of\\nthe federal social security act in which case the premium rates shall be\\nestablished by the commissioner, in consultation with the superintendent\\nof financial services, subject to the approval of the director of the\\ndivision of the budget.\\n 9. An integrated delivery system shall be subject to the provisions of\\nthe insurance law that are applicable to health maintenance\\norganizations, this chapter and regulations applicable to health\\nmaintenance organization, and any regulations promulgated by the\\ncommissioner or superintendent of financial services to implement this\\nsection. To the extent that the provisions of this section are\\ninconsistent with the provisions of this chapter or the provisions of\\nthe insurance law, the provisions of this section shall prevail.\\n 10. No certificate of authority for an integrated delivery system\\nshall be issued pursuant to this section on or after April first, two\\nthousand two and integrated delivery systems issued certificates before\\nsuch date shall accept no new enrollees thereafter.\\n * NB There are 2 § 4408-a's\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4408-A*2", "title" : "Grievance procedure", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2020-04-17", "2020-12-04", "2021-06-04", "2021-06-18" ], "docLevelId" : "4408-A*2", "activeDate" : "2014-09-22", "sequenceNo" : 1779, "repealedDate" : null, "fromSection" : "4408-A*2", "toSection" : "4408-A*2", "text" : " * § 4408-a. Grievance procedure. 1. A health maintenance organization\\nlicensed pursuant to article forty-three of the insurance law or\\ncertified pursuant to this article, and any other organization certified\\npursuant to this article shall establish and maintain a grievance\\nprocedure. Pursuant to such procedure, enrollees shall be entitled to\\nseek a review of determinations by the organization other than\\ndeterminations subject to the provisions of article forty-nine of this\\nchapter.\\n 2. (a) An organization shall provide to all enrollees written notice\\nof the grievance procedure in the member handbook and at any time that\\nthe organization denies access to a referral or determines that a\\nrequested benefit is not covered pursuant to the terms of the contract;\\nprovided, however, that nothing herein shall be deemed to require a\\nhealth care provider to provide such notice. In the event that an\\norganization denies a service as an adverse determination as defined in\\narticle forty-nine of this chapter, the organization shall inform the\\nenrollee or the enrollee's designee of the appeal rights provided for in\\narticle forty-nine of this chapter.\\n (b) The notice to an enrollee describing the grievance process shall\\nexplain: (i) the process for filing a grievance with the organization;\\n(ii) the timeframes within which a grievance determination must be made;\\nand (iii) the right of an enrollee to designate a representative to file\\na grievance on behalf of the enrollee.\\n (c) The organization shall assure that the grievance procedure is\\nreasonably accessible to those who do not speak English.\\n 3. (a) The organization may require an enrollee to file a grievance in\\nwriting, by letter or by a grievance form which shall be made available\\nby the organization and which shall conform to applicable standards for\\nreadability.\\n (b) Notwithstanding the provisions of paragraph (a) of this\\nsubdivision, an enrollee may submit an oral grievance in connection\\nwith: (i) a denial of, or failure to pay for, a referral; or (ii) a\\ndetermination as to whether a benefit is covered pursuant to the terms\\nof the enrollee's contract. In connection with the submission of an oral\\ngrievance, an organization may require that the enrollee sign a written\\nacknowledgment of the grievance prepared by the organization summarizing\\nthe nature of the grievance. Such acknowledgment shall be mailed\\npromptly to the enrollee, who shall sign and return the acknowledgment,\\nwith any amendments, in order to initiate the grievance. The grievance\\nacknowledgment shall prominently state that the enrollee must sign and\\nreturn the acknowledgment to initiate the grievance. If an organization\\ndoes not require such a signed acknowledgment, an oral grievance shall\\nbe initiated at the time of the telephone call.\\n (c) Upon receipt of a grievance, the organization shall provide notice\\nspecifying what information must be provided to the organization in\\norder to render a decision on the grievance.\\n (d) (1) An organization shall designate personnel to accept the filing\\nof an enrollee's grievance by toll-free telephone no less than forty\\nhours per week during normal business hours and, shall have a telephone\\nsystem available to take calls during other than normal business hours\\nand shall respond to all such calls no less than the next business day\\nafter the call was recorded.\\n (2) Notwithstanding the provisions of subparagraph one of this\\nparagraph, an organization may, in the alternative, designate personnel\\nto accept the filing of an enrollee's grievance by toll-free telephone\\nnot less than forty hours per week during normal business hours and, in\\nthe case of grievances subject to subparagraph (i) of subdivision four\\nof this section, on a twenty-four hour a day, seven day a week basis.\\n 4. Within fifteen business days of receipt of the grievance, the\\norganization shall provide written acknowledgment of the grievance,\\nincluding the name, address and telephone number of the individual or\\ndepartment designated by the organization to respond to the grievance.\\nAll grievances shall be resolved in an expeditious manner, and in any\\nevent, no more than: (i) forty-eight hours after the receipt of all\\nnecessary information when a delay would significantly increase the risk\\nto an enrollee's health; (ii) thirty days after the receipt of all\\nnecessary information in the case of requests for referrals or\\ndeterminations concerning whether a requested benefit is covered\\npursuant to the contract; and (iii) forty-five days after the receipt of\\nall necessary information in all other instances.\\n 5. The organization shall designate one or more qualified personnel to\\nreview the grievance; provided further, that when the grievance pertains\\nto clinical matters, the personnel shall include, but not be limited to,\\none or more licensed, certified or registered health care professionals.\\n 6. The notice of a determination of the grievance shall be made in\\nwriting to the enrollee or to the enrollee's designee. In the case of a\\ndetermination made in conformance with subparagraph (i) of subdivision\\nfour of this section, notice shall be made by telephone directly to the\\nenrollee with written notice to follow within three business days.\\n 7. The notice of a determination shall include: (i) the detailed\\nreasons for the determination; (ii) in cases where the determination has\\na clinical basis, the clinical rationale for the determination; and\\n(iii) the procedures for the filing of an appeal of the determination,\\nincluding a form for the filing of such an appeal.\\n 8. An enrollee or an enrollee's designee shall have not less than\\nsixty business days after receipt of notice of the grievance\\ndetermination to file a written appeal, which may be submitted by letter\\nor by a form supplied by the organization.\\n 9. Within fifteen business days of receipt of the appeal, the\\norganization shall provide written acknowledgment of the appeal,\\nincluding the name, address and telephone number of the individual\\ndesignated by the organization to respond to the appeal and what\\nadditional information, if any, must be provided in order for the\\norganization to render a decision.\\n 10. The determination of an appeal on a clinical matter must be made\\nby personnel qualified to review the appeal, including licensed,\\ncertified or registered health care professionals who did not make the\\ninitial determination, at least one of whom must be a clinical peer\\nreviewer as defined in article forty-nine of this chapter. The\\ndetermination of an appeal on a matter which is not clinical shall be\\nmade by qualified personnel at a higher level than the personnel who\\nmade the grievance determination.\\n 11. The organization shall seek to resolve all appeals in the most\\nexpeditious manner and shall make a determination and provide notice no\\nmore than:\\n (i) two business days after the receipt of all necessary information\\nwhen a delay would significantly increase the risk to an enrollee's\\nhealth; and\\n (ii) thirty business days after the receipt of all necessary\\ninformation in all other instances.\\n 12. The notice of a determination on an appeal shall include: (i) the\\ndetailed reasons for the determination; and (ii) in cases where the\\ndetermination has a clinical basis, the clinical rationale for the\\ndetermination.\\n 13. An organization shall not retaliate or take any discriminatory\\naction against an enrollee because an enrollee has filed a grievance or\\nappeal.\\n 14. An organization shall maintain a file on each grievance and\\nassociated appeal, if any, that shall include the date the grievance was\\nfiled; a copy of the grievance, if any; the date of receipt of and a\\ncopy of the enrollee's acknowledgment of the grievance, if any; the\\ndetermination made by the organization including the date of the\\ndetermination and the titles and, in the case of a clinical\\ndetermination, the credentials of the organization's personnel who\\nreviewed the grievance. If an enrollee files an appeal of the grievance,\\nthe file shall include the date and a copy of the enrollee's appeal, the\\ndetermination made by the organization including the date of the\\ndetermination and the titles and, in the case of clinical\\ndeterminations, the credentials, of the organization's personnel who\\nreviewed the appeal.\\n 15. The rights and remedies conferred in this article upon enrollees\\nshall be cumulative and in addition to and not in lieu of any other\\nrights or remedies available under law.\\n * NB There are 2 § 4408-a's\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4409", "title" : "Health maintenance organizations; examinations", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2023-05-12", "2023-06-23" ], "docLevelId" : "4409", "activeDate" : "2014-09-22", "sequenceNo" : 1780, "repealedDate" : null, "fromSection" : "4409", "toSection" : "4409", "text" : " § 4409. Health maintenance organizations; examinations. 1. In order to\\ncarry out the provisions of this article, the commissioner, pursuant to\\nhis authority under section two hundred six of this chapter, shall\\nexamine not less than once every three years, each health maintenance\\norganization and all participating entities through which such health\\nmaintenance organization offers health services as to the quality of\\nhealth care services offered, and the adequacy of its provider\\narrangements.\\n 2. The superintendent shall examine not less than once every three\\nyears into the financial affairs of each health maintenance\\norganization, and transmit his findings to the commissioner. In\\nconnection with any such examination, the superintendent shall have\\nconvenient access at all reasonable hours to all books, records, files\\nand other documents relating to the affairs of such organization, which\\nare relevant to the examination. The superintendent may exercise the\\npowers set forth in sections three hundred four, three hundred five,\\nthree hundred six and three hundred ten of the insurance law in\\nconnection with such examinations, and may also require special reports\\nfrom such health maintenance organizations as specified in section three\\nhundred eight of the insurance law. As part of an examination, the\\nsuperintendent shall review determinations of coverage for substance use\\ndisorder treatment and shall ensure that such determinations are issued\\nin compliance with section four thousand three hundred three of the\\ninsurance law and title one of article forty-nine of this chapter.\\n 3. The superintendent and the commissioner are authorized to share and\\nexchange information obtained by them in the exercise of their\\nrespective responsibilities under the insurance law and this chapter.\\n 4. Nothing contained in this section shall be deemed to require the\\npublic disclosure of privileged patient information.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4410", "title" : "Health maintenance organizations; professional services", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4410", "activeDate" : "2014-09-22", "sequenceNo" : 1781, "repealedDate" : null, "fromSection" : "4410", "toSection" : "4410", "text" : " § 4410. Health maintenance organizations; professional services. 1.\\nThe provision of comprehensive health services directly or indirectly,\\nby a health maintenance organization through its comprehensive health\\nservices plan shall not be considered the practice of the profession of\\nmedicine by such organization or plan. However, each member, employee or\\nagent of such organization or plan shall be fully and personally liable\\nand accountable for any negligent or wrongful act or misconduct\\ncommitted by him or any person under his direct supervision and control\\nwhile rendering professional services on behalf of such organization or\\nplan.\\n 2. Unless the patient waives the right of confidentiality, a health\\nmaintenance organization or its comprehensive health services plan shall\\nnot be allowed to disclose any information which was acquired by such\\norganization or plan in the course of the rendering to a patient of\\nprofessional services by a person authorized to practice medicine,\\nregistered professional nursing, licensed practical nursing, or\\ndentistry, and which was necessary to acquire to enable such person to\\nact in that capacity, except as may be otherwise required by law. A\\nnon-participating provider shall provide an enrollee's organization with\\nsuch patient information as is reasonably required by the organization\\nto administer its plan. In making such disclosure a provider shall\\ncomply with the provisions of subdivision six of section eighteen of\\nthis chapter concerning the disclosure of patient information to third\\nparties provided, however, that with respect to a protected individual\\nas defined in subdivision six of section twenty-seven hundred eighty of\\nthis chapter, disclosure shall be made only pursuant to an enrollee's\\nwritten authorization and shall otherwise be consistent with the\\nrequirements of such section and rules and regulations promulgated\\npursuant thereto.\\n 3. Notwithstanding the provisions of this section, the provisions of\\nsection four hundred twenty-two of the social services law shall apply\\nto any information or reports submitted by a health maintenance\\norganization to the statewide central register of child abuse and\\nmaltreatment reports.\\n 4. (a) The commissioner shall have access to patient-specific medical\\ninformation, including encounter data, maintained by a health\\nmaintenance organization or other organization certified pursuant to\\nthis article for the purposes of quality assurance and oversight,\\nsubject to any other limitations of federal and state law regarding\\ndisclosure thereof to third parties and subject to the provisions of\\nthis subdivision. The provisions of sections thirty-one hundred one, and\\nforty-five hundred four, forty-five hundred seven and forty-five hundred\\neight of the civil practice law and rules, subdivision three of this\\nsection and section 33.13 of the mental hygiene law, shall not bar\\ndisclosure by the health maintenance organization to the commissioner\\nfor such purposes.\\n (b) The commissioner may only obtain enrollee information subject to\\nthe establishment of protocols that will ensure that such\\npatient-specific information is not disclosed to third parties other\\nthan to entities serving as agents of the state for the purposes of\\nquality assurance and oversight. Such protocols shall be developed in\\nconsultation with representatives of health maintenance organizations,\\nhealth care provider organizations and consumer organizations and shall,\\nwhere possible, include the development of a unique confidential\\nidentifier to be used in connection with patient-specific data. These\\nprotocols shall address issues relating to the collection, maintenance,\\nand disclosure of such patient-specific information. Such protocols\\nshall be promulgated as regulations, provided however, that protocols or\\nregulations in use prior to the effective date of this subdivision shall\\nremain in effect until the regulations developed hereunder are\\npromulgated.\\n (c) In addition to any other sanction or penalty as provided by law,\\nany employee of the department who willfully violates this regulation or\\nany other rule or procedure pertaining to the disclosure of any material\\ncollected pursuant to this subdivision shall be deemed to have committed\\nan act of misconduct and shall be disciplined in accordance with the\\nprovisions of the civil service law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4411", "title" : "Construction", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4411", "activeDate" : "2014-09-22", "sequenceNo" : 1782, "repealedDate" : null, "fromSection" : "4411", "toSection" : "4411", "text" : " § 4411. Construction. The provisions of laws other than this article\\nshall not be applicable to the certification of any health maintenance\\norganization under this article except where so specified; provided,\\nhowever, that no health maintenance organization shall include in its\\nname the words \"insurer\", \"casualty\", \"health and accident\" or any words\\ngenerally regarded as descriptive of the insurance function; provided\\nfurther, that this provision shall not be construed as prohibiting the\\nparticipation in a comprehensive health services plan of any corporation\\nor other entity organized under any other law, to the extent that such\\ncorporations or entities are authorized to participate by law, including\\nbut not limited to the insurance law, business corporation law,\\neducation law, not-for-profit corporation law, or general municipal law;\\nnor shall this section be considered to prevent the application of any\\nother law to the entities comprising such plan.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4412", "title" : "Separability", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4412", "activeDate" : "2014-09-22", "sequenceNo" : 1783, "repealedDate" : null, "fromSection" : "4412", "toSection" : "4412", "text" : " § 4412. Separability. If any clause, sentence, paragraph, subdivision,\\nsection or part of this article shall be adjudged by any court of\\ncompetent jurisdiction to be invalid, the judgment shall not affect,\\nimpair, or invalidate the remainder thereof, but shall be confined in\\nits operation to the clause, sentence, paragraph, subdivision, section\\nor part thereof directly involved in the controversy in which the\\njudgment shall have been rendered.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4413", "title" : "Savings clause", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4413", "activeDate" : "2014-09-22", "sequenceNo" : 1784, "repealedDate" : null, "fromSection" : "4413", "toSection" : "4413", "text" : " § 4413. Savings clause. Nothing contained in this article or any act\\namendatory thereof shall affect or impair the validity of any act done\\nor right accruing, accrued or acquired or any order, judgment, or status\\nestablished prior to the enactment of this article or prior to the\\namendment of any act amendatory thereof.\\n Medical corporations organized pursuant to the provisions of former\\narticle forty-four of the public health law in effect prior to the\\neffectiveness of the provisions of this article may continue to operate\\npursuant to the provisions of law in effect prior to the effectiveness\\nhereof.\\n Health maintenance organizations that applied for a license under\\narticle forty-three of the insurance law and receive approval under\\narticle twenty-eight of the public health law may continue under the\\nprovisions of the laws in existence on the effective date of this\\narticle.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4414", "title" : "Health care compliance programs", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2020-04-17" ], "docLevelId" : "4414", "activeDate" : "2014-09-22", "sequenceNo" : 1785, "repealedDate" : null, "fromSection" : "4414", "toSection" : "4414", "text" : " § 4414. Health care compliance programs. The commissioner of health,\\nafter consultation with the superintendent of financial services, shall\\nby regulation establish standards and criteria for compliance programs\\nto be implemented by persons providing coverage or coverage and service\\npursuant to any public or governmentally-sponsored or supported plan for\\nhealth care coverage or services. Such regulations shall include\\nprovisions for the design and implementation of programs or processes to\\nprevent, detect and address instances of fraud and abuse. Such\\nregulations shall take into account the nature of the entity's business\\nand the size of its enrolled population. The commissioner of health and\\nthe superintendent of financial services shall accept programs and\\nprocesses implemented pursuant to section four hundred nine of the\\ninsurance law as satisfying the obligations of this section and the\\nregulations promulgated thereunder when such programs and processes\\nincorporate the objectives contemplated by this section.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4416", "title" : "Excess reserves of certain health maintenance organizations", "docType" : "SECTION", "publishedDates" : [ "2018-04-27", "2018-08-03", "2023-07-21", "2025-05-16" ], "docLevelId" : "4416", "activeDate" : "2018-08-03", "sequenceNo" : 1786, "repealedDate" : null, "fromSection" : "4416", "toSection" : "4416", "text" : " * § 4416. Excess reserves of certain health maintenance organizations.\\n1. The commissioner is authorized to require any comprehensive health\\nservices plan issued a special purpose certificate of authority under\\nsection forty-four hundred three-a of this article, that satisfies the\\ndefinition of corporation in subparagraph five of paragraph (a) of\\nsection one hundred two of the not-for-profit corporation law or is\\nexempt from taxation under section 501 of the Internal Revenue Code of\\n1986 to submit all financial and other books and records the\\ncommissioner deems necessary in order to evaluate an organization's\\nreserves. The commissioner, in consultation with the superintendent of\\nthe department of financial services, shall examine such books and\\nrecords and shall issue a report on the health maintenance\\norganization's reserves. A request under this section may be made no\\nmore than two times per year per plan.\\n 2. Except for any public benefit corporation, the commissioner is\\nauthorized to promulgate regulations establishing a presumptive reserve\\nceiling for any comprehensive health services plan issued a special\\npurpose certificate of authority under section forty-four hundred\\nthree-a of this article that satisfies the definition of corporation in\\nsubparagraph five of paragraph (a) of section one hundred two of the\\nnot-for-profit corporation law or that is exempt from taxation under\\nsection 501 of the Internal Revenue Code of 1986. Such regulations shall\\nexpress the presumptive reserve ceiling as a percentage of the minimum\\ncontingent reserves applicable to such health maintenance organizations.\\nThe presumptive reserve ceiling shall be no less than one hundred fifty\\npercent of the minimum contingent reserves applicable to such plans. In\\nthe event that the commissioner determines that a plan subject to this\\nsubdivision has reserves in excess of the presumptive reserve ceiling\\nfor two consecutive quarters, the commissioner may make a preliminary\\ndetermination that all or a portion of such reserves in excess of the\\nceiling should be redeployed by depositing such excess reserves in the\\nhealth care transformation fund pursuant to subdivision three of this\\nsection. Prior to making a preliminary determination, the commissioner\\nshall consider whether such redeployment is consistent with financial\\nsoundness and efficiency and to the extent to which such reserves are\\nbeing maintained consistent with the programmatic goals of the state.\\nUpon making such a preliminary determination, the department shall\\nnotify the plan and the plan shall be afforded an opportunity to submit\\ninformation to the department to justify why such reserves in excess of\\nthe ceiling are necessary and should not be so redeployed. Provided\\nhowever, under no circumstances shall the redeployment of such reserves\\nfor any plan exceed seven hundred and fifty million dollars annually.\\n 3. If, after considering the information submitted by the plan, the\\ncommissioner adheres to the preliminary determination that the reserves\\nin excess of the ceiling should be redeployed, the commissioner shall\\ndirect that such reserves be deposited to the health care transformation\\nfund established pursuant to section ninety-two-hh of the state finance\\nlaw or its successor to be used for investment in the transformation of\\nhealth care delivery, including for capital investment, debt retirement\\nor restructuring, housing and other social determinants of health, or\\ntransitional operating support to health care providers, pursuant to a\\nplan prepared by the commissioner and approved by the director of the\\ndivision of the budget.\\n 4. Notwithstanding any law to the contrary, on or after August first,\\ntwo thousand eighteen no entity subject to subdivision two of this\\nsection shall transfer or loan any funds to any subsidiary or member of\\nthe entity's holding company system or to a member or stockholder where\\na purpose of the transfer or loan is to avoid the application of this\\nsection.\\n * NB Repealed August 1, 2023\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 34 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A45", "title" : "Medical Referral Services", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "45", "activeDate" : "2014-09-22", "sequenceNo" : 1787, "repealedDate" : null, "fromSection" : "4500", "toSection" : "4503", "text" : " ARTICLE 45\\n MEDICAL REFERRAL SERVICES\\nSection 4500. Legislative findings and statement of policy.\\n 4501. Medical referral service businesses prohibited.\\n 4502. Penalties.\\n 4503. Application.\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4500", "title" : "Legislative findings and statement of policy", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4500", "activeDate" : "2014-09-22", "sequenceNo" : 1788, "repealedDate" : null, "fromSection" : "4500", "toSection" : "4500", "text" : " § 4500. Legislative findings and statement of policy. The security of\\nthe health and welfare of the residents of this state requires, that the\\nutmost attention be given to assure that persons seeking medical care\\nand treatment in this state receive adequate care rendered within the\\nstandards of ethics and public policy applicable to all practices of\\nmedicine. Medical referral services, organized as profit making\\nenterprises within this state, have been found to be engaged in the\\npractice of medicine, have been sharing fees received for referrals with\\ndoctors and hospitals to whom patients are referred, have been otherwise\\ncompensating doctors and hospitals for accepting patients referred to\\nthem, have been giving medical advice by telephone to persons seeking\\nreferrals and have been advertising their services, all in violation of\\nthe standards of ethics and public policy applicable to the practice of\\nmedicine and which would be violations of standards of professional\\nconduct if the acts were performed by physicians. Such profit making\\nreferral services have consistently engaged in practices inimical to the\\npublic interest which would be prohibited to physicians and have engaged\\nin relationships with physicians which are in violation of the laws and\\npublic policy of this state and which have permitted physicians to\\nbenefit indirectly from acts and practices which would be prohibited to\\nthem directly. It is hereby declared to be the public policy of this\\nstate that the public health, safety and welfare of the citizens of this\\nstate require that such profit making medical referral service\\norganizations be declared to be invalid and unlawful in this state.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4501", "title" : "Medical referral service businesses prohibited", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4501", "activeDate" : "2014-09-22", "sequenceNo" : 1789, "repealedDate" : null, "fromSection" : "4501", "toSection" : "4501", "text" : " § 4501. Medical referral service businesses prohibited. 1. No person,\\nfirm, partnership, association or corporation, or agent or employee\\nthereof, shall engage in for profit any business or service which in\\nwhole or in part includes the referral or recommendation of persons to a\\nphysician, dentist, hospital, health related facility, or dispensary for\\nany form of medical or dental care or treatment of any ailment or\\nphysical condition. The imposition of a fee or charge for any such\\nreferral or recommendation shall create a presumption that the business\\nor service is engaged in for profit.\\n 2. No physician, dentist, hospital, health related facility or\\ndispensary shall enter into a contract or other form of agreement to\\naccept for medical or dental care or treatment any person referred or\\nrecommended for such care or treatment by a medical or dental referral\\nservice business located in or doing business in another state if the\\nmedical or dental referral service business would be prohibited under\\nthis section if the business were located in or doing business in this\\nstate.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4502", "title" : "Penalties", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4502", "activeDate" : "2014-09-22", "sequenceNo" : 1790, "repealedDate" : null, "fromSection" : "4502", "toSection" : "4502", "text" : " § 4502. Penalties. 1. A violation of the provisions of this section\\nshall constitute a misdemeanor and upon conviction thereof may be\\npunished by imprisonment for not longer than one year or a fine of not\\nmore than five thousand dollars or by both such fine and imprisonment.\\n 2. Whenever there shall be a violation of this section, an application\\nalso may be made by the attorney general in the name of the people of\\nthe state of New York to a court or justice having jurisdiction to issue\\nan injunction, and upon notice to the defendant of not less than five\\ndays, to enjoin and restrain the continuance of such violation; and if\\nit shall appear to the satisfaction of the court or justice that the\\ndefendant has, in fact, violated this section, an injunction may be\\nissued by such court or justice, enjoining and restraining any further\\nviolation, without requiring proof that any person has, in fact, been\\ninjured or damaged thereby. In any such proceeding the court may make\\nallowances to the attorney general as provided in section 8303,\\nsubdivision 6 of the civil practice law and rules. In connection with\\nany such proposed application, the attorney general is authorized to\\ntake proof and make a determination of the relevant facts and to issue\\nsubpoenas in accordance with the civil practice law and rules.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4503", "title" : "Application", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4503", "activeDate" : "2014-09-22", "sequenceNo" : 1791, "repealedDate" : null, "fromSection" : "4503", "toSection" : "4503", "text" : " § 4503. Application. The provisions of this article shall not apply to\\nany individual, agency, association or corporation not organized or\\nincorporated for pecuniary profit or financial gain or to any\\norganization or association which is exempt from taxation pursuant to\\nsection 501 (c) of title 26 of the United States Code, constituting the\\nInternal Revenue Code of l954, as amended.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 4 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A46", "title" : "Continuing Care Retirement Communities", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22", "2015-01-02", "2015-02-20", "2015-03-20", "2025-12-26" ], "docLevelId" : "46", "activeDate" : "2015-03-20", "sequenceNo" : 1792, "repealedDate" : null, "fromSection" : "4600", "toSection" : "4624", "text" : " ARTICLE 46\\n CONTINUING CARE RETIREMENT COMMUNITIES\\nSection 4600. Legislative findings and purpose.\\n 4601. Definitions.\\n 4602. Continuing care retirement community council; powers and\\n duties.\\n 4603. Commissioner; powers and duties.\\n 4603-a. Residential health care demonstration facilities.\\n 4604. Certificate of authority required; application and\\n approval.\\n 4604-a. Council approval required for industrial development\\n agency financing in connection with continuing care\\n retirement communities.\\n 4605. Certificate of authority; authority of operator.\\n 4605-a. Certificate of authority; authority to offer continuing\\n care at home contracts.\\n 4605-b. Certificate of authority; limitation on continuing care\\n at home contracts.\\n 4606. Initial disclosure statement.\\n 4607. Annual statement.\\n 4608. Contracts.\\n 4608-a. Continuing care at home requirements.\\n 4609. Withdrawal, death or dismissal of person; refund.\\n 4610. Entrance fee escrow account.\\n 4611. Reserves and supporting assets.\\n 4612. Residents' organizations.\\n 4613. Advertisements.\\n 4614. Audits.\\n 4615. Revocation, suspension or annulment of certificate of\\n authority.\\n 4616. Appointment of a caretaker.\\n 4617. Receiverships.\\n 4618. Civil action.\\n 4619. Criminal penalties.\\n 4620. Separability.\\n 4621. Priority reservation agreements; prior to obtaining a\\n certificate of authority.\\n 4622. Priority reservation agreements; after obtaining a\\n certificate of authority.\\n 4623. Long term care insurance and continuing care retirement\\n contracts or continuing care at home contracts.\\n 4624. Continuing care retirement communities making assurances\\n regarding long term care.\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4600", "title" : "Legislative findings and purpose", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4600", "activeDate" : "2014-09-22", "sequenceNo" : 1793, "repealedDate" : null, "fromSection" : "4600", "toSection" : "4600", "text" : " § 4600. Legislative findings and purpose. The dramatic increase in the\\nnumbers of elderly people, especially those seventy-five years of age\\nand older, coupled with the special housing and health care needs of\\nthis growing segment of the population, requires the development of new\\nand creative approaches to help ensure the care of older people in\\nresidential settings of their own choice. If carefully planned and\\nmonitored, life care communities have the potential to provide a\\ncontinuum of care for older people that will provide an attractive\\nresidential option for such persons, while meeting their long term care\\nneeds for life. To ensure that the financial, consumer, and health care\\ninterest of individuals who enroll in such communities will be\\nprotected, such communities must be effectively managed and carefully\\noverseen.\\n The intent of the legislature, therefore, is to allow for the prudent\\ndevelopment of life care communities. The legislature further intends\\nto require that the relevant state agencies coordinate the regulation of\\nsuch communities in order to ensure that there are adequate safeguards\\nfor those elderly who become residents and to assist in the orderly\\ndevelopment, of such communities. Although lead responsibility for the\\ninteragency coordination of the regulation and establishment of such\\ncommunities is vested in the department of health, the legislature does\\nnot intend that such communities become or be perceived as primarily\\nmedically-oriented facilities. The legislature intends, instead, that\\nsuch communities be viewed as an attractive and innovative residential\\nalternative for older New Yorkers who are seeking to maintain, to the\\nextent possible, an independent and active life in a community in which\\ntheir long-term care needs will be met.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4601", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-01-02", "2015-03-20", "2015-04-10" ], "docLevelId" : "4601", "activeDate" : "2015-04-10", "sequenceNo" : 1794, "repealedDate" : null, "fromSection" : "4601", "toSection" : "4601", "text" : " § 4601. Definitions. As used in this article:\\n 1. \"Certificates\" or \"certificate of authority\" shall mean an\\nauthorization in writing, approved by the council and issued by the\\ncommissioner, for an operator to operate a continuing care retirement\\ncommunity and to enter into continuing care retirement contracts and\\ncontinuing care at home contracts pertaining to such community.\\n 2. \"Commissioner\" shall mean the commissioner of health.\\n 2-a. \"Continuing care retirement contract\" or \"continuing care at home\\ncontract\" shall mean a single contract to provide a person the services\\nprovided by a continuing care retirement community.\\n 2-b. \"Continuing care retirement community\" or \"community\" shall mean\\na facility or facilities established to provide a comprehensive,\\ncohesive living arrangement for the elderly, oriented to the enhancement\\nof the quality of life and which, pursuant to a contract, at a minimum:\\n a. for continuing care retirement contracts, provides independent\\nliving units, and meal plan options. The independent living unit can be\\nmade available either through a non-equity arrangement or through an\\nequity arrangement including, but not limited to a cooperative or\\ncondominium. For purposes of this article, the purchase price of an\\nindependent living unit in an equity arrangement, regardless of the form\\nof the purchase agreement, shall not be considered an entry fee for\\npurposes of calculating reserve liabilities, but shall be considered an\\nentry fee for escrow purposes;\\n b. provides a range of health care and social services, subject to\\nsuch terms as may be included within the contract, which shall include\\nadult care facility services of an on-site or affiliated adult care\\nfacility, and at a minimum, sixty days of prepaid services of an on-site\\nor affiliated nursing facility for residents not receiving services\\nunder a fee-for-service contract;\\n c. provides access to health services as defined in the contract,\\nprescription drugs, and rehabilitation services;\\n d. nothing in this article shall eliminate the obligation of a\\ncontinuing care retirement community to provide at least sixty days of\\nprepaid nursing facility services to all residents, with the exception\\nof residents receiving services under the terms of a fee-for-service\\ncontinuing care contract as defined in this section. The prepaid days\\nmust include the first sixty days of nursing facility services, whether\\nor not consecutive, not covered by Title XVIII of the federal social\\nsecurity act;\\n e. communities established under this article and offering\\nfee-for-service continuing care contracts must offer, along with such\\nfee-for-service continuing care contracts, life care and/or continuing\\ncare contracts as defined in subdivision eight-a of this section; and\\n f. communities established under this article offering continuing care\\nat home contracts must also offer continuing care retirement contracts\\nand must maintain a continuing care retirement community that operates\\nin support of the continuing care at home contracts.\\n 3. \"Contracts\" or \"agreements\" shall mean continuing care at home or\\ncontinuing care retirement contracts as defined in this article.\\n 4. \"Control\", \"controlling\", \"controlled by\", and \"under common\\ncontrol with\" shall mean the possession, directly, or indirectly, of the\\npower to direct or cause the direction of the management and policies of\\na person, whether through the ownership of voting securities or voting\\nrights, by contract (except a commercial contract for goods or\\nnon-management services) or otherwise; but no person shall be deemed to\\ncontrol another person solely by reason of his being an officer or\\ndirector of such other person. Control shall be presumed to exist if any\\nperson directly or indirectly owns, controls, or holds with the power to\\nvote ten percent or more of the voting securities or voting rights of\\nany other person or is a corporate member of the legal entity.\\n 5. \"Council\" shall mean the continuing care retirement community\\ncouncil, established pursuant to section forty-six hundred two of this\\narticle.\\n 6. \"Entrance fee\" shall mean an initial or deferred transfer to an\\noperator of a sum of money, made or promised to be made by a person or\\npersons entering into a continuing care retirement contract or\\ncontinuing care at home contract, for the purpose of ensuring services\\npursuant to such a contract.\\n 7. \"Facility\" shall mean any place in which an operator undertakes to\\nprovide a resident with the services of a continuing care retirement\\ncommunity, pursuant to a contract, whether such place is constructed,\\nowned, leased, rented, or otherwise contracted for by the operator.\\n 8. \"Life care contract\" shall mean a single continuing care retirement\\ncontract or a continuing care at home contract to provide a person, for\\nthe duration of such person's life, the services provided by the\\ncontinuing care retirement community, which services shall include\\nunlimited services of the affiliated community's nursing facility or\\naffiliated nursing home. Such term also shall mean a single continuing\\ncare retirement contract to provide a person, for the duration of such\\nperson's life, the services provided by the continuing care retirement\\ncommunity under an arrangement in which the costs of the residents'\\nunlimited nursing home or home care services are paid for in whole or in\\npart by a long term care insurance policy approved by the superintendent\\nin accordance with applicable regulations or by long term care insurance\\nor medical assistance payments in accordance with the partnership for\\nlong term care program pursuant to the provisions of section three\\nhundred sixty-seven-f of the social services law, section three thousand\\ntwo hundred twenty-nine of the insurance law and section four thousand\\nsix hundred twenty-three of this chapter.\\n 8-a. \"Fee-for-service continuing care contract\" shall mean a single\\ncontinuing care retirement contract that provides long-term and other\\nservices on a per diem, fee-for-service or monthly rate.\\n 8-b. \"Continuing care at home contract\" shall mean a single contract\\nto provide a person with long term care services and supports based upon\\nthe person's needs and coordinated by a case manager, which shall\\ninclude services provided to the person in his or her residence and\\nservices of the community's nursing facility and adult care facility, or\\naffiliated facilities.\\n 9. \"Life care shall mean those services provided pursuant to a \"life\\ncare contract\".\\n 10. \"Living unit\" shall mean an apartment, room, cottage, or other\\narea within a community set aside for the exclusive use of one or more\\nresidents, or in the case of a continuing care at home contract, the\\ncontract holder's private residence.\\n 11. \"Monthly care fee\" shall mean the monthly cost to a resident for\\nprepayment of any services, including rent, rendered pursuant to a\\ncontract, exclusive of entrance fees or other prepayments, and any other\\nregular periodic charges to the resident, determined on a monthly basis,\\npursuant to the provisions of a contract.\\n 12. \"Operator\" shall mean a legal entity operating a continuing care\\nretirement community pursuant to a certificate of authority.\\n 13. \"Priority reservation agreement\" shall mean a cancelable agreement\\nbetween a prospective continuing care retirement community applicant, an\\napplicant for a certificate of authority or an operator and a\\nprospective resident, for the purpose of evaluating market demand for a\\nproposed continuing care retirement community and for the purpose of\\nguaranteeing to prospective residents an opportunity for priority\\nplacement in a continuing care retirement community, under which the\\nprospective resident will pay a refundable priority reservation fee. A\\npriority reservation agreement does not fall within the meaning of\\ncontracts or agreements as defined in subdivision three of this section.\\n 14. \"Priority reservation fee\" shall mean the refundable sum of money\\npaid by a prospective resident for deposit with the escrow agent for a\\nprospective continuing care retirement community applicant, an applicant\\nfor a certificate of authority or an operator pursuant to a priority\\nreservation agreement.\\n 15. \"Resident\" shall mean any person who, pursuant to a continuing\\ncare retirement contract or continuing care at home contract, is\\nentitled to reside in and/or receive services from a continuing care\\nretirement community.\\n 15-a. \"ILU resident\" shall mean a continuing care retirement contract\\nholder who resides in a living unit within the continuing care\\nretirement community.\\n 15-b. \"Home resident\" shall mean a continuing care at home contract\\nholder who resides in a private residence off of the continuing care\\nretirement community campus.\\n 16. \"Residential health care demonstration facility\" shall mean a\\nresidential health care facility containing up to sixty beds, within the\\ndefined geographical boundary of each health systems agency established\\nunder the provisions of subdivision (c) of section twenty-nine hundred\\nfour of this chapter, provided that such residential health care\\nfacility is an integrated part of a comprehensive system of residential\\nand support services for the elderly, providing either directly or\\nthrough one or more affiliated entities, prior to the effective date of\\nthis subdivision, on or adjacent to the site of the proposed residential\\nhealth care facility, independent living units, an adult care facility\\nas defined in section two of the social services law and a range of\\nhealth care and social services, which may include home health care,\\ncounselling, case management and information and referral.\\n 16-a. \"Social services\" shall mean those services which may include,\\nbut not be limited to counseling, case management, and information and\\nreferral.\\n 17. \"Superintendent\" shall mean the superintendent of financial\\nservices.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4602", "title" : "Continuing care retirement community council; powers and duties", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-01-02", "2025-12-26", "2026-01-16", "2026-02-27" ], "docLevelId" : "4602", "activeDate" : "2015-01-02", "sequenceNo" : 1795, "repealedDate" : null, "fromSection" : "4602", "toSection" : "4602", "text" : " § 4602. Continuing care retirement community council; powers and\\nduties. 1. The continuing care retirement community council is hereby\\nestablished, to consist of the following, or their designees: the\\nattorney general; the commissioner; the director of the office for the\\naging; and eight public members appointed by the governor with the\\nadvice and consent of the senate. Such public members shall be\\nrepresentative of the public, and have a demonstrated expertise or\\ninterest in continuing care retirement communities; provided that no\\nmore than one such member shall be a sponsor, owner, operator, manager,\\nmember of a board of directors, or shareholder of a continuing care\\nretirement community. At least two public members shall be residents of\\na continuing care retirement community. At least one of the public\\nmembers shall be a representative of an organization with demonstrated\\nexperience in representing the interests of senior citizens. The public\\nmembers of the council shall have fixed terms of four years. The council\\nshall be chaired by the commissioner or his or her designee.\\n Members of such council shall serve without compensation for their\\nservices as members of the council, except that each of them may be\\nallowed the necessary and actual expenses which he shall incur in the\\nperformance of his duties under this article.\\n 2. The council shall meet as often as may be deemed necessary to\\nfulfill its responsibilities. The council shall have the following\\npowers and duties:\\n a. to approve or reject applications to obtain a certificate of\\nauthority for the establishment and operation of a continuing care\\nretirement community. In reviewing applications, the council shall\\nconsider the extent to which the applications reflect various\\nsponsorships, organizational structures, geographic dispersion, and the\\npublic benefit. In determining the public benefit of a community\\nrequiring construction of a total nursing facility component greater\\nthan or equal to ninety beds, the council shall obtain and consider the\\nrecommendation of the state hospital review and planning council with\\nregard to the effect of the construction of the community's nursing\\nfacility beds upon existing facilities in the same geographic area;\\n b. to require the reporting of such facts and information as the\\ncouncil may deem necessary to enforce the provisions of this article;\\n c. to coordinate the oversight of operating communities and to assign\\nreview and regulatory responsibility for particular aspects of such\\ncommunities to the appropriate agencies, consistent with their legal\\nauthority, to assure consistent state supervision without duplication of\\ninspection or regulatory review;\\n d. to make such recommendations to the governor and the legislature as\\nmay be necessary to encourage or further regulate the development of\\ncontinuing care retirement communities;\\n e. to establish and charge equitable and reasonable annual charges for\\noperators, not to exceed fifty dollars per approved living unit, to\\nsubsidize, in part, expenditures incurred in reviewing applications for\\ncertificates of authority and in inspecting, regulating, supervising and\\nauditing continuing care retirement communities;\\n f. to review reports from the participating agencies regarding the\\noperations and financial management of approved communities, including\\nany reports regarding the financial condition of any community that may\\nbe in need of close supervision and any reports of deficiencies in the\\nprovision of health or social services to residents of any community;\\n g. to adopt rules and regulations and amendments thereto to effectuate\\nthe provisions of this article;\\n h. to revoke, suspend, limit, or annul a certificate of authority\\nunder conditions set forth in section forty-six hundred fifteen of this\\narticle, including when such action is taken at the specific request of\\nany participating council agency. When action has been taken by the\\ncommissioner pursuant to subdivision seven of section forty-six hundred\\nthree of this article, the council shall meet as soon as reasonably\\npossible to approve or disapprove the action of the commissioner and\\nshall take such further action as may be appropriate;\\n i. to develop guidelines for applications for certificates of\\nauthority;\\n j. to make a final determination regarding an application for\\nauthorization to enter into priority reservation agreements where the\\ncommissioner has proposed to reject such application;\\n k. to require the reporting of such facts and information as the\\ncouncil may deem necessary to determine whether characteristics of\\nresidential health care demonstration facilities such as comprehensive\\nsystems of residential and support services for the elderly may be\\nsuccessfully incorporated into existing or approved continuing care\\nretirement communities;\\n l. to review and approve or reject applications by continuing care\\nretirement community operators to use entrance fees to assist the\\noperator in financing the construction or purchase of a proposed\\ncontinuing care retirement community in accordance with paragraph b of\\nsubdivision six of section forty-six hundred ten of this article; and\\n m. to review and approve or reject any proposed financing by\\nindustrial development agencies of continuing care retirement\\ncommunities pursuant to article eighteen-A of the general municipal law\\nas authorized by section forty-six hundred four-a of this article.\\n 3. The council shall establish guidelines under which the commissioner\\nis authorized to approve or reject any proposed refinancing, if the\\ncouncil has already approved an application pursuant to paragraph a of\\nsubdivision two of this section.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4603", "title" : "Commissioner; powers and duties", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2025-12-26", "2026-02-27" ], "docLevelId" : "4603", "activeDate" : "2014-09-22", "sequenceNo" : 1796, "repealedDate" : null, "fromSection" : "4603", "toSection" : "4603", "text" : " § 4603. Commissioner; powers and duties. The commissioner, in\\nconsultation with the council, shall have the following powers and\\nduties:\\n 1. to receive applications from potential operators of continuing care\\nretirement communities and to distribute such applications for review to\\nthe participating agencies;\\n 2. to collect and compile recommendations from the participating\\nagencies and to present consolidated materials, including\\nrecommendations, to the council for its review and action;\\n 3. to develop uniform forms for applications for certificates of\\nauthority, to review the status of such applications, and to coordinate\\nthe review of such applications in order to minimize duplication or\\ndelay;\\n 4. to provide information to entities wishing to establish continuing\\ncare retirement communities and to persons interested in becoming\\nresidents of such communities and to assist operators and residents of\\nsuch communities, to the extent appropriate, with concerns relating to\\nthe operation of such facilities;\\n 5. to issue certificates of authority to those applicants approved by\\nthe council;\\n 6. to coordinate the interagency regulatory review of the\\napplications, development and operations of communities in order to\\nminimize duplication or delay;\\n 7. if the immediate health, safety, or financial needs of a\\ncommunity's residents are in jeopardy, to suspend or limit a certificate\\nof authority pursuant to subdivision two of section forty-six hundred\\nfifteen of this article. If the commissioner suspends a certificate of\\nauthority, he shall immediately notify the council;\\n 8. to make recommendations concerning and to promulgate rules and\\nregulations and amendments thereto that have been adopted by the council\\nto effectuate the provisions of this article;\\n 9. to carry out any other responsibilities entrusted to the\\ncommissioner pursuant to this chapter that may be necessary with regard\\nto the health care activities of continuing care retirement communities;\\n 10. to make available to all prospective operators all pertinent\\nregulations regarding health and insurance necessary to comply with this\\narticle;\\n 11. to approve or reject applications for authorization, by\\nprospective continuing care retirement community applicants, entities\\nthat have filed an application for a certificate of authority and\\noperators, to enter into cancelable priority reservation agreements and\\nto collect refundable priority reservation fees from prospective\\nresidents; provided that in any case where the commissioner proposes to\\nreject such application, the council shall meet within a reasonable\\nperiod of time not to exceed ninety days to make a final determination\\nregarding such application; and\\n 12. to approve or reject any proposed refinancing consistent with the\\nguidelines established pursuant to subdivision three of section\\nforty-six hundred two of this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4603-A", "title" : "Residential health care demonstration facilities", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-01-02" ], "docLevelId" : "4603-A", "activeDate" : "2015-01-02", "sequenceNo" : 1797, "repealedDate" : null, "fromSection" : "4603-A", "toSection" : "4603-A", "text" : " § 4603-a. Residential health care demonstration facilities. 1. The\\ncommissioner, upon approval of the continuing care retirement community\\ncouncil and the public health council shall issue a certificate of\\nincorporation of up to three residential health care demonstration\\nfacilities. Notwithstanding any provision of article twenty-eight of\\nthis chapter or any other provisions of law to the contrary, the public\\nhealth council may approve without regard to the requirement of public\\nneed as set forth in subdivision three of section twenty-eight hundred\\none-a of this chapter, a certificate of incorporation or application for\\nestablishment of such facilities.\\n 2. Not more than one hundred eighty residential health care\\ndemonstration facility beds shall be authorized and established in this\\nstate pursuant to this article.\\n 3. In determining an application filed under article twenty-eight of\\nthis chapter, the public health council shall consider the number of\\nelderly persons residing in and receiving services from each health\\nsystems agency established under the provisions of subdivision (c) of\\nsection twenty-nine hundred four of this chapter and such other\\ninformation as the public health council may require to determine\\nwhether such system will promote the health and welfare of the elderly\\npersons to whom it proposes to provide services.\\n 4. An operating certificate issued pursuant to an application filed by\\na residential health care demonstration facility shall be conditioned\\nupon an agreement by the operator of the facility to provide services\\nonly to persons who have been residents of the independent living units\\nor adult care facility within the comprehensive system for at least\\nthirty days prior to the admission of such person to the residential\\nhealth care facility, unless the commissioner for good cause shown\\napproves a waiver of such condition which may be effective only during\\nthe first twenty-four months after the issuance of the operating\\ncertificate.\\n 5. The provisions of this article shall not apply to residential\\nhealth care demonstration facilities, unless otherwise provided in this\\nsection or subdivision three of section forty-six hundred four of this\\narticle.\\n 6. An application for approval pursuant to this section must be filed\\nwith the department on or before June thirtieth, nineteen hundred\\nninety-two.\\n 7. Notwithstanding any other provision of this article, a residential\\nhealth care facility heretofore established as a residential health care\\ndemonstration facility may hereafter provide services to persons who,\\nfor at least thirty days prior to the admission of such person to the\\nresidential health care facility, have been residents of any independent\\nliving unit or adult care facility operated by any not-for-profit\\ncorporation affiliated with such residential health care facility and\\nlocated within the same county, provided that such residential health\\ncare facility becomes duly qualified to provide services to persons\\neligible for medical assistance under title eleven of article five of\\nthe social services law, and further provided that such residential\\nhealth care facility remains an integrated part of a comprehensive\\nsystem of residential and support services for the elderly as such\\nsystem is described in this section and in subdivision sixteen of\\nsection forty-six hundred one of this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4604", "title" : "Certificate of authority required; application and approval", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-01-02", "2015-03-20", "2015-04-10", "2025-12-26", "2026-02-27" ], "docLevelId" : "4604", "activeDate" : "2015-04-10", "sequenceNo" : 1798, "repealedDate" : null, "fromSection" : "4604", "toSection" : "4604", "text" : " § 4604. Certificate of authority required; application and approval.\\n1. No person shall construct, expand, acquire, maintain, or operate a\\ncontinuing care retirement community, or enter into a contract as an\\noperator, or solicit the execution of any contract for continuing care\\nretirement community services to be provided within the state or\\nadvertise itself or otherwise hold itself as a \"continuing care\\nretirement community\", without obtaining a certificate of authority\\npursuant to this article; provided, however, nothing in this subdivision\\nshall prohibit a person, authorized pursuant to section forty-six\\nhundred twenty-one or forty-six hundred twenty-two of this article, from\\nentering into priority reservation agreements, soliciting, collecting or\\nreceiving priority reservation fees, or constructing and maintaining\\nsales offices and model units with respect to a proposed continuing care\\nretirement community.\\n 2. In order to receive a certificate of authority to enter into\\ncontracts with respect to a particular community, a person or persons,\\nhereinafter designated as the applicant, shall apply for a certificate\\nof authority on forms prescribed by the commissioner and, in addition,\\nshall submit the following:\\n a. a feasibility study, including a market analysis describing the\\ncharacteristics of the population to be served;\\n b. an actuarial study;\\n c. an initial disclosure statement as provided pursuant to section\\nforty-six hundred six of this title;\\n d. a copy of the proposed forms of contracts to be entered into with\\nresidents;\\n e. complete details of any agreements with a licensed insurer,\\nincluding copies of proposed contracts, requiring the insurer to assume,\\nwholly or in part, the cost of medical or health related services to be\\nprovided to a resident pursuant to a continuing care retirement contract\\nor continuing care at home contract;\\n f. a copy of each of the basic organizational documents and agreements\\nof the applicant of all participating entities;\\n g. a copy of the bylaws, rules and regulations and internal governing\\ndocuments of the applicant;\\n h. architectural program and sketches for the community;\\n i. the proposed community plan, including the number of independent\\nliving units, skilled nursing facility beds, adult care facility beds,\\nif any, and a description of other social and health services provided\\nby the community;\\n j. copies of financial and personal disclosure information as required\\nby the council for the applicant and members of the board, officers, and\\ncontrolling persons of the proposed continuing care retirement\\ncommunity, including:\\n (i) information necessary for the determination by the council of\\ncharacter, competence, and experience, where information adequate to\\nmake such determinations is not otherwise available to the council,\\n (ii) a list of continuing care retirement communities, adult care\\nfacilities and health care facilities owned or operated by the\\napplicant, by any controlling persons of the applicant, or by entities\\nwith which the members of the applicant's board are affiliated; the\\naddress of each such facility; and the dates of ownership or operation\\nof each such facility,\\n (iii) in the event that any such community or facility specified in\\nthis subdivision while under the control or operation of the applicant,\\nor any controlling person has been subjected to a limitation,\\nwithdrawal, or refusal to grant accreditation by a recognized\\naccreditation organization, because of failure to comply with standards\\ngoverning the conduct and operation of the facility, information that\\ndescribes the nature of the violation, the agency or body enforcing the\\nstandard (including its name and address), the steps taken by the\\nfacility to remedy the violation, and an indication of whether any\\naccreditation has since been restored, and\\n (iv) a statement as to whether the applicant or any of its officers,\\ndirectors, partners, managers or a principal, parent or subsidiary\\ncorporation:\\n (A) has been convicted of a crime or pleaded nolo contendere to a\\nfelony charge, or been held liable or enjoined in a civil action by\\nfinal judgment if the criminal or civil action involved fraud,\\nembezzlement, fraudulent conversion, or misappropriation of property,\\n (B) had a prior discharge in bankruptcy or was found insolvent in any\\ncourt action,\\n (C) is or was subject to a currently effective injunctive or\\nrestrictive order or federal or state administrative order relating to\\nbusiness activity or health care as a result of an action brought by a\\npublic agency or department, including, without limitation, actions\\naffecting a license to operate a hospital as defined by section\\ntwenty-eight hundred one of this chapter, or a facility required to be\\nlicensed or certified by the department. The statement shall set forth\\nthe court or agency, date of conviction or judgment, the penalty imposed\\nor damages assessed, or the date, nature and issuer of the order;\\n k. information which describes the populations to be served; and\\n l. any other information as may be required by regulations adopted\\npursuant to this article.\\n 3. Nothing in this article shall be construed to enlarge, diminish or\\nmodify: a social services district's otherwise valid recovery under\\nsection three hundred sixty-nine of the social services law, nor medical\\nassistance eligibility under title eleven of article five of the social\\nservices law nor applicable provisions of the estates, powers and trusts\\nlaw. Except as otherwise provided in this article, the activities of\\ncontinuing care retirement communities shall be subject to any other law\\ngoverning such activities including but not limited to article\\ntwenty-eight of this chapter and article seven of the social services\\nlaw and regulations promulgated thereunder; provided, however, that the\\nprovisions of paragraphs (d) and (e) of subdivision four of section\\ntwenty-eight hundred one-a and section twenty-eight hundred two of this\\nchapter shall not apply, and provided that the provisions of paragraph\\n(a) of subdivision one and the provisions of subdivision two of section\\nfour hundred sixty-one-b of the social services law with respect to\\npublic need and the provisions of subdivision one of section four\\nhundred sixty-one-c of the social services law shall not apply to\\nresidents who have been admitted in accordance with a contract provided\\nthat, upon admission to the adult care facility, such residents shall be\\ngiven a notice which shall include, at a minimum, information regarding\\nfacility services, resident responsibilities, supplemental services,\\nresident rights and protections and circumstances that warrant transfer.\\nThe number of residential health care facility beds available pursuant\\nto subdivision five of this section, without proof of public need\\ntherefor, shall be reduced by the number of residential health care\\ndemonstration facility beds that are approved pursuant to this article.\\n 4. No certificate of authority shall be issued unless an application\\nmeeting the requirements of this section and all other requirements\\nestablished by law has been approved by:\\n a. (i) the superintendent of financial services as to the actuarial\\nprinciples involved, the financial feasibility of the facility, the form\\nand content of the proposed contracts to be entered into with residents\\nand insurance contracts between an operator and an insurer requiring the\\ninsurer to assume, wholly or in part, the cost of medical or health\\nrelated services to be provided to a resident;\\n (ii) the superintendent of financial services as to the rates and\\nrating methodology, if any, to be used by the operator to determine any\\nentrance fee, monthly care fee and/or any separate charges for the\\nhousing component of the continuing care contract including but not\\nlimited to a cooperative or condominium fee charged to the resident as\\nproposed in said operator's application for certificate of authority.\\nSubsequent increases in any entrance or monthly care fee in excess of\\nfees calculated pursuant to the approved rating methodology shall\\nrequire approval of the superintendent. The term \"rating methodology\" as\\nused herein shall incorporate a combination of variables including but\\nnot limited to a pricing structure for comparable services, projected\\noperating and health care costs and the applicable inflationary impact\\nthereon, projected income and occupancy rates and the refundability\\ncomponent of the continuing care retirement contract.\\n (iii) the superintendent of financial services as to any monthly care\\nfee charged to a resident which may be increased or decreased subject to\\napproval by the superintendent of financial services, provided, that\\nmonthly care fees may be increased or decreased without specific\\napproval as long as such increase or decrease does not exceed a relevant\\ncost index or indices which reflect all components of continuing care\\nincluding the costs associated with provision of health care as\\ndetermined and promulgated at least annually by the superintendent, and\\nprovided further that the superintendent is notified of any such\\nincrease or decrease prior to its taking effect.\\n (iv) An individual resident's monthly care fee shall not be modified\\nbecause of the increased need for services of that resident;\\n b. the commissioner as to those aspects of the application relating to\\nadult care facility beds, if any;\\n c. the public health and health planning council as to the\\nestablishment of a skilled nursing facility by the applicant and as to\\nsuch other facilities and services as may require the public health and\\nhealth planning council's approval of the application; provided,\\nhowever, that the recommendations of the health systems agency having\\ngeographical jurisdiction of the area where the continuing care\\nretirement community is located shall not be required with respect to\\nthe establishment of an on-site or affiliated residential health care\\nfacility to serve residents as part of the continuing care retirement\\ncommunity, for up to the total number of residential health care\\nfacility beds provided for in subdivision five of this section in\\ncommunities statewide;\\n d. the commissioner under section twenty-eight hundred two of this\\nchapter; provided, however, that, the recommendations of the public\\nhealth and health planning council and the health systems agency having\\ngeographical jurisdiction of the area where the continuing care\\nretirement community is located shall not be required with respect to\\nthe construction of an on-site or affiliated residential health care\\nfacility to serve residents as part of the continuing care retirement\\ncommunity, for up to the total number of residential health care\\nfacility beds provided for in subdivision five of this section in\\ncommunities statewide; and\\n e. the attorney general as to those aspects of the application\\nrelating to a cooperative, condominium or other equity arrangement for\\nthe independent living unit, if any.\\n 5. Up to two thousand residential health care facility beds, as\\nauthorized herein, that may be approved as components of continuing care\\nretirement communities shall not be considered by the department and the\\nhealth systems agencies in the determination of public need for\\nresidential health care facility services; provided, however, that if\\nthe community seeking to construct such beds does not provide life care\\nto all residents, it must adequately make the assurances required by\\nsubdivision two of section forty-six hundred twenty-four of this\\narticle.\\n 6. If the approvals required by subdivision four of this section have\\nbeen obtained, the council shall, by majority vote, either approve or\\nreject the application within sixty days of the date on which the last\\nsuch approval has been obtained. In order to approve the application,\\nthe council shall have determined that:\\n a. the proposed community will meet a need and will fulfill the\\npurposes of this article;\\n b. the applicant has satisfied the requirements of this article;\\n c. the applicant has demonstrated to the satisfaction of the council\\nthat the applicant and members of the board, officers, and controlling\\npersons of the applicant, are of such character, experience, competence\\nand standing in the community as to give reasonable assurance of their\\nability to conduct the affairs of the proposed continuing care\\nretirement community in the best interest of the community and in the\\npublic interest, and to provide proper care to residents. In the case of\\nan applicant that is controlled, the council must be satisfied that the\\ncontrolling person has also acted in a manner that is consistent with\\nthe public interest;\\n d. the applicant has otherwise demonstrated the capability to\\norganize, market, manage, promote and operate the community and can be\\nexpected to meet its obligations in accordance with this article and in\\naccordance with its contracts with residents;\\n e. the applicant has demonstrated that the total number of beds for\\nthe nursing facility component and the adult care facility bears a\\nreasonable relation to the number of independent living units proposed\\nfor such community; and\\n f. with respect to communities which include a residential health care\\nfacility which does not require establishment approval under section\\ntwenty-eight hundred one-a of this chapter, the applicant has sufficient\\nfinancial resources and sources of future revenues for the operation of\\nthe residential health care facility component.\\n 7. Any change in the legal entity operating the continuing care\\nretirement community, or in a controlling person of the community shall\\nrequire approval in the same manner as an original application;\\nprovided, however, that the council may waive any requirement to provide\\ninformation that is not relevant to such change and provided, further,\\nthat the continued public need for the community shall be presumed.\\n 8. The operator shall designate and make knowledgeable personnel\\navailable to prospective residents to answer questions about any\\ninformation contained in the disclosure statement or contract. The\\ndisclosure statement and the contract shall each state on the cover or\\ntop of the first page in bold twelve point print the following \"This\\nmatter involves a substantial financial investment and a legally binding\\ncontract. In evaluating the disclosure statement and the contract prior\\nto any commitment, it is recommended that you consult with an attorney\\nand financial advisor of your choice, if you so elect, who can review\\nthese documents with you.\"\\n 9. If the council approves the application, the commissioner shall\\nissue the certificate of authority to the applicant.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4604-A", "title" : "Council approval required for industrial development agency financing in connection with continuing care retirement communities", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-01-02", "2025-12-26" ], "docLevelId" : "4604-A", "activeDate" : "2015-01-02", "sequenceNo" : 1799, "repealedDate" : null, "fromSection" : "4604-A", "toSection" : "4604-A", "text" : " § 4604-a. Council approval required for industrial development agency\\nfinancing in connection with continuing care retirement communities. 1.\\nNo person seeking financing in connection with a continuing care\\nretirement community through an industrial development agency shall\\nundertake such financing without the prior approval of the council. Upon\\napproving a proposed financing pursuant to this section, the council\\nshall issue a certificate of authorization to the applicant.\\n 2. Prior to approving such financing, the council shall find that:\\n a. The operator has (i) executed contracts for at least seventy\\npercent of all living units and has on deposit at least ten percent of\\nthe entrance fees or purchase price for such units; or (ii) executed\\ncontracts for at least sixty percent of all living units and has on\\ndeposit at least twenty-five percent of the entrance fees or purchase\\nprice for such units.\\n b. The operator has demonstrated capability to comply fully with the\\nrequirements for a certificate of authority and has obtained a\\ncontingent certificate of authority pursuant to section forty-six\\nhundred four of this article and the operator has agreed to meet the\\nrequirements of article eighteen-A of the general municipal law.\\n c. The applicant is a not-for-profit corporation as defined in section\\none hundred two of the not-for-profit corporation law that is (i)\\neligible for tax-exempt financing under this section and (ii) is exempt\\nfrom taxation pursuant to section 501(c)(3) of the federal internal\\nrevenue code, and either has (i) an equity position in the community\\nequivalent to no less than fifteen percent of the amount to be financed\\nin the aggregate; or (ii) covenants (A) to meet a ratio of cash and\\ninvestments to outstanding debt (reserve ratio) of no less than\\ntwenty-five percent commencing at the end of the first quarter after\\ntwenty-four months from the receipt of a certificate of occupancy for\\nthe facility, and (B) to maintain that reserve ratio, as tested\\nquarterly based upon the facility's interim financial statements and\\nannually based upon audited financial statements, until debt reduction\\nequal to twenty-five percent of total indebtedness is accomplished; and\\n(c) to reduce total debt by twenty-five percent of the total\\nindebtedness at the time the certificate of occupancy is received by no\\nlater than five years after the receipt of the certificate of occupancy.\\n d. The operator has submitted in connection with the proposed\\nfinancing a financial feasibility study, including a financial forecast\\nand market study prepared by an independent firm nationally recognized\\nfor continuing care retirement community feasibility studies,\\ndemonstrating to the satisfaction of the council the financial soundness\\nof the financing. In addition, the operator has submitted an analysis of\\neconomic costs and benefits, including job creation and retention, the\\nestimated value of tax exemptions provided, the project's impact on\\nlocal businesses and the availability and comparative cost of\\nalternative financing sources. Such analysis shall be prepared by an\\nindependent entity.\\n e. The operator will establish and maintain a fully funded debt\\nservice reserve equal to the sum of maximum annual debt service\\n(interest plus annual scheduled principal payments, not including\\nballoon maturities, if any) on bonds authorized thereby having a\\nmaturity of ten years or less, plus the maximum annual debt service on\\nbonds authorized thereby having a maturity of greater than ten years,\\nprovided, however, that in the case of tax-exempt bond issues, such debt\\nservice reserve shall not exceed the maximum amount permitted by federal\\ntax law.\\n f. The operator will provide for such remedies or limitations of\\nremedies of bondholders as may be required by or consistent with the\\nprovisions of this article and any regulations in existence at the time\\nof the issuance promulgated thereunder.\\n g. Unless all residents or continuing care at home contract holders\\nhave life care contracts, the operator has adequately made the\\nassurances required by subdivision two of section forty-six hundred\\ntwenty-four of this article and has agreed to fund the liability in the\\nevent that such resident's or contract holder's assets are insufficient\\nto pay for nursing facility services for a one year period.\\n 3. In addition, an operator which is subject to the provisions of this\\nsection shall:\\n a. provide the council or its designee with notice of any monetary\\ndefault or covenant default in connection with such financing and shall\\nfurther notify the council or its designee of any withdrawal from the\\ndebt service reserve fund established in connection with such financing;\\n b. respond in writing to the operational recommendations of the\\ncouncil or its designee with respect to protecting the interests of\\ncontinuing care retirement community residents in the event of any\\nmonetary default or covenant default provided for in connection with\\nsuch financing;\\n c. provide adequate security for the repayment of the bonds issued,\\nincluding the granting of liens on real and personal property and the\\npledge of project revenues; the maintenance of minimum debt service\\ncoverage and other financial ratios as shall be required in regulations\\nin existence at the time of issuance by the council; and restrictions on\\nother debt and expenditures; and\\n d. undertake to maintain the financial feasibility of the facility,\\nincluding the retention of an independent consultant to recommend and\\nhelp implement remedial action.\\n 4. The council may request, and shall receive, the technical\\nassistance of any state agency or state public authority in performing\\nits functions under this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4605", "title" : "Certificate of authority; authority of operator", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4605", "activeDate" : "2014-09-22", "sequenceNo" : 1800, "repealedDate" : null, "fromSection" : "4605", "toSection" : "4605", "text" : " § 4605. Certificate of authority; authority of operator. 1. A\\ncertificate of authority shall authorize an operator:\\n a. to operate a continuing care retirement community and to enter into\\ncontracts pertaining to such community;\\n b. to prepare and make public information that details the terms of\\nany contract relating to a community;\\n c. to advertise the community and the related services that will be\\nprovided pursuant to this article; and\\n d. to offer and execute contracts, including the collection of\\nentrance fees and deposits pursuant to section forty-six hundred eight\\nof this article.\\n 2. a. The commissioner, in consultation with the council, may\\nauthorize an operator of a community with an on-site or affiliated\\nresidential health care facility to provide, for a limited period,\\nresidential health care facility services to persons, who are not\\nresidents of the community, provided, however, that the operator shall\\nnot discriminate in the admission, retention or care of any such person\\nbecause such person is or will be eligible for, or receives or will\\nreceive, medical assistance benefits pursuant to title eleven of article\\nfive of the social services law.\\n b. The commissioner, in consultation with the council, may authorize\\nan operator of a community with an on-site or affiliated adult care\\nfacility to provide, for a limited period, adult care facility services\\nto persons, who are not residents of the community, provided, however,\\nthat the operator shall not discriminate in the admission, retention or\\ncare of any such person because such person is or will be eligible for,\\nor receives or will receive, medical assistance benefits pursuant to\\ntitle eleven of article five of the social services law or supplemental\\nsecurity income benefits pursuant to title sixteen of the federal social\\nsecurity act and any additional state payments made under title six of\\narticle five of the social services law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4605-A", "title" : "Certificate of authority; authority to offer continuing care at home contracts", "docType" : "SECTION", "publishedDates" : [ "2015-03-20", "2015-04-10", "2025-12-26", "2026-02-27" ], "docLevelId" : "4605-A", "activeDate" : "2015-04-10", "sequenceNo" : 1801, "repealedDate" : null, "fromSection" : "4605-A", "toSection" : "4605-A", "text" : " § 4605-a. Certificate of authority; authority to offer continuing care\\nat home contracts. A continuing care retirement community may offer\\ncontinuing care at home contracts upon approval by the council to amend\\nthe continuing care retirement community's certificate of authority. In\\norder to qualify for an amendment to its certificate of authority, the\\ncontinuing care retirement community shall submit to the commissioner\\nthe following:\\n 1. a business plan to the commissioner and superintendent that\\nincludes the following:\\n (a) a description of the continuing care at home services that will be\\nprovided, the market that will be served by the continuing care at home\\ncontracts, and the fees to be charged to prospective continuing care at\\nhome contract holders;\\n (b) a copy of the proposed continuing care at home contract; and\\n (c) an actuarial study prepared by an independent actuary in\\naccordance with standards adopted by the American Academy of Actuaries\\ndemonstrating the impact that the continuing care at home contracts will\\nhave on the overall operations of the continuing care retirement\\ncommunity and further demonstrating that the addition of continuing care\\nat home contracts will not jeopardize the financial solvency of the\\ncontinuing care retirement community.\\n 2. a market feasibility study demonstrating to the commissioner and\\nsuperintendent sufficient consumer interest in continuing care at home\\ncontracts and further demonstrating that the addition of continuing care\\nat home contracts will not have an adverse impact on the provision of\\nservices to continuing care retirement contract holders.\\n 3. materials that meet all requirements established by the New York\\nstate department of financial services.\\n 4. A copy of the notification sent to continuing care retirement\\ncontract holders describing the anticipated impact of the addition of\\ncontinuing care at home contracts on continuing care retirement\\ncommunity resources and proof that such notification has been\\ndistributed to all continuing care retirement contract holders.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4605-B", "title" : "Certificate of authority; limitation on continuing care at home contracts", "docType" : "SECTION", "publishedDates" : [ "2015-03-20", "2015-04-10", "2025-12-26", "2026-02-27" ], "docLevelId" : "4605-B", "activeDate" : "2015-04-10", "sequenceNo" : 1802, "repealedDate" : null, "fromSection" : "4605-B", "toSection" : "4605-B", "text" : " § 4605-b. Certificate of authority; limitation on continuing care at\\nhome contracts. The number of continuing care at home contracts approved\\non a certificate of authority shall be limited to:\\n 1. The number of approved living units on the continuing care\\nretirement community's premises that are intended for ILU residents,\\nexcept that the council may approve additional contracts upon a\\nsubmission to the commissioner by an operator consistent with the\\nprovisions set forth in section forty-six hundred five-a of this\\narticle;\\n 2. The demonstrated number of continuing care at home contract holders\\nthat can be supported in the existing or approved future capacity of the\\nadult care facility and skilled nursing facility consistent with the\\nprovisions set forth in section forty-six hundred five-a of this\\narticle; and\\n 3. Conditions set forth by the New York state department of financial\\nservices, based upon the superintendent's assessment of the following:\\n (a) the overall financial impact on the community; and\\n (b) the submitted materials set forth in section forty-six hundred\\nfive-a of this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4606", "title" : "Initial disclosure statement", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-01-02", "2015-03-20", "2015-04-10" ], "docLevelId" : "4606", "activeDate" : "2015-04-10", "sequenceNo" : 1803, "repealedDate" : null, "fromSection" : "4606", "toSection" : "4606", "text" : " § 4606. Initial disclosure statement. Prior to the execution of a\\ncontract, or before the transfer of any money, other than a refundable\\npriority reservation fee or non-refundable priority reservation\\nagreement application fee, to an operator by or on behalf of a\\nprospective resident, whichever occurs first, the operator shall deliver\\nto the person with whom the contract is to be entered into or the\\nperson's legal representative the most recent annual statement as\\nrequired by section forty-six hundred seven of this article, and an\\ninitial disclosure statement which contains the following:\\n 1. The information contained in the contract, unless a copy of such\\ncontract is attached to and made a part of the initial disclosure\\nstatement, together with full disclosure of the use of any fees and\\ncharges in connection with the contract, including entrance fees;\\n 2. The information required in paragraph i and subparagraphs (ii),\\n(iii) and (iv) of paragraph j of subdivision two of section forty-six\\nhundred four of this article;\\n 3. The name and business address of the provider and a statement of\\nwhether the provider is an individual, partnership, corporation, or\\nother legal entity;\\n 4. The name and address of any person whose name is required to be\\nprovided pursuant to subdivisions two and three of this section and any\\nprofessional service, firm association, foundation, trust, partnership,\\ncorporation, or any other business or legal entity in which such person\\nhas, or which has in such person, a ten percent or greater interest and\\nwhich it is presently intended will or may provide goods, leases, or\\nservices to the provider of a value of five hundred dollars or more,\\nwithin any year, including a description of the goods, leases or\\nservices and the probable or anticipated cost thereof to the provider;\\n 5. If the facility is to be operated by a manager:\\n a. the identities of any other facilities managed by said individual\\nor entity and a copy of the agreement currently in effect or to be\\nentered into between the provider and the manager for the operation of\\nthe facility;\\n b. if the manager is incorporated or established and operated on a\\nfor-profit basis, the identity of all individuals or entities holding\\nany ownership or beneficial interest in the manager, and fees or any\\nother compensation anticipated to be paid by the provider to the manager\\nfor the operation of the facility; and\\n c. the method by which the manager was chosen to manage the facility\\nand, if the manager was chosen because of a condition in a mortgage\\ncommitment to the provider, the identity of the mortgagee requiring the\\ncondition in the commitment.\\n 6. A description of the proposed or existing facility, including the\\nlocation, size and anticipated completion date if not completed;\\n 7. A statement as to whether the applicant was or is affiliated, or\\nhas a contractual relationship, with a religious, charitable, or other\\nnonprofit organization, the extent of any such affiliation or\\ncontractual relationship, and the extent to which the nonprofit\\norganization will be responsible for the financial and contractual\\nobligations of the applicant;\\n 8. If the facility is already in operation or if the applicant\\noperates one or more similar facilities within or outside of this state,\\na statement of the changes in the scope of or the rates for care or\\nservices provided, including tables showing the frequency and average\\ndollar amount of each increase in periodic rates at each such facility\\nfor the previous five years or such shorter period as the facility may\\nhave been operated by the provider;\\n 9. If the applicant is the subsidiary corporation or the affiliate of\\nanother corporation, a statement identifying the parent corporation or\\nthe other affiliate corporation, the primary activities of such parent,\\nor other affiliate corporation, the interest in the applicant held by\\nsuch parent or other affiliate corporation, and the extent to which the\\nparent corporation will be responsible for the financial and contractual\\nobligations of the subsidiary;\\n 10. Most recent financial statement of the provider prepared in\\naccordance with generally accepted accounting principles applied on a\\nconsistent basis and certified by an independent certified, or public\\naccountant, including a balance sheet as of the end of the provider's\\nlast fiscal year and income statements for the last two fiscal years, or\\nsuch shorter period of time as the provider has been in operation;\\n 11. If construction, lease, rental, or purchase of the facility has\\nnot yet been completed, a statement of the anticipated source and\\napplication of the funds to be used in such purchase, lease, rental, or\\nconstruction, including but not limited to:\\n a. an estimate of the cost of purchasing, leasing, renting,\\nconstructing and equipping the facility, including, but not limited to,\\nsuch related costs as financing expense, legal expense, land costs,\\noccupancy development costs, and all other similar costs that the\\nprovider expects to incur or become obligated for prior to the\\ncommencement of occupancy;\\n b. an estimate of the total entrance fees to be received from\\nresidents upon completion of occupancy;\\n c. a description of any mortgage loan or the other long-term financing\\nintended to be used for the financing of the facility, including the\\nanticipated terms and costs of such financing;\\n d. an estimate of any funds which are anticipated to be necessary to\\nfund start-up losses and to assure full performance of the obligations\\nof the operator pursuant to life care contracts including, but not\\nlimited to, any reserves required pursuant to section forty-six hundred\\neleven of this article;\\n e. a projection of estimated income from fees and charges other than\\nentrance fees, a description of individual rates anticipated to be\\ncharged, and the assumptions used for calculating the estimated\\noccupancy rate of the facility;\\n f. a projection of estimated operating expenses of the facility,\\nincluding a description of the assumptions used in calculating the\\nexpenses and separate allowances, if any, the replacement of equipment\\nand furnishings and any anticipated major structural repairs or\\nadditions;\\n g. identification of assets pledged as collateral for any purpose;\\n h. an estimate of assets pledged as collateral for any purpose; and\\n 12. A statement indicating that community residents who are enrolled\\nin a health maintenance organization may have nursing facility benefits\\navailable under both the health maintenance organization subscriber\\ncontract and the continuing care retirement contract. Such statement\\nshall also indicate that if the health maintenance organization and the\\ncommunity cannot reach an agreement on appropriate financial\\narrangements, then the resident may have to be admitted to a facility\\napproved by the health maintenance organization in order to receive\\ntheir Medicare benefit for nursing facility services under the health\\nmaintenance organization subscriber contract.\\n 13. The initial disclosure statement and marketing materials of a\\ncontinuing care retirement community must clearly include a description\\nof the services offered as part of its contract, including, but not\\nlimited to, any limitations on nursing facility services. The initial\\ndisclosure statement and marketing materials of a continuing care\\nretirement community which offers various types of contracts, which may\\ninclude life care contracts, must clearly differentiate among the\\nvarious types of contracts which it may offer.\\n 14. In accordance with regulations promulgated by the council, the\\noperator shall prepare a standard information sheet for each approved\\ncontinuing care retirement community, which must be approved by the\\ndepartment of health, distributed with the community's marketing\\nmaterials and attached to the initial disclosure statement prepared in\\naccordance with this section. The standard information sheet shall be\\nprepared in plain language and in twelve point type and shall include\\nbut shall not be limited to the following information:\\n a. a brief description of the community, including its name and\\nlocation and amenities and services, including meal options, available;\\n b. the name, address, and telephone number of the operator and a\\ncontact person employed by the operator;\\n c. the number and types of independent living units, adult care\\nfacility units and nursing home beds and whether such beds are on-site\\nor off-site;\\n d. the types of contracts available;\\n e. a listing of all fees, charges, and refund options and the services\\ncovered by such fees and charges;\\n f. any insurance coverage required of residents; and\\n g. any other information which the continuing care retirement\\ncommunity council determines will assist a consumer in comparing the\\nbenefits and costs of different continuing care retirement communities.\\n 15. Any other information as may be required by regulations\\npromulgated by the council.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4607", "title" : "Annual statement", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2025-12-26", "2026-02-27" ], "docLevelId" : "4607", "activeDate" : "2014-09-22", "sequenceNo" : 1804, "repealedDate" : null, "fromSection" : "4607", "toSection" : "4607", "text" : " § 4607. Annual statement. 1. Within four months of close of the\\noperator's fiscal year, unless an extension of time to file has been\\ngranted, the operator shall file an annual statement with the\\ncommissioner and superintendent showing the condition as of the last day\\nof the preceding calendar or fiscal year. If the commissioner and\\nsuperintendent do not receive the annual statement within four months of\\nthe end of the operator's fiscal year or have not granted an extension\\nof time to file, the council may charge a late fee.\\n 2. The annual statement shall be in such form as the council\\nprescribes and shall contain at least the following:\\n a. Any change in status with respect to the information required to be\\nsubmitted pursuant to section forty-six hundred four of this article;\\n b. Financial statements audited by an independent certified public\\naccountant, which shall contain, for two or more periods if the\\ncommunity has been in existence that long, the following:\\n (i) an accountant's opinion and, in accordance with generally accepted\\naccounting principles:\\n (A) a balance sheet,\\n (B) a statement of income and expenses,\\n (C) a statement of equity or fund balances,\\n (D) a statement of changes in financial position,\\n (ii) notes to the financial statements considered customary or\\nnecessary to ensure full disclosure of the financial statements,\\nfinancial condition, and operation;\\n c. A detailed listing of the assets maintained for the reserves;\\n d. A copy of the most recent actuarial review of the community,\\nincluding such information as may be required by the superintendent\\nincluding an opinion of a qualified consulting actuary, as to the\\ncurrent and projected soundness of the community, provided however that\\na new actuarial review must be submitted triennially; and\\n e. Such other reasonable financial and other information as the\\ncouncil may require with respect to the operator or the community, or\\nits directors, controlling persons, trustees, members, branches,\\nsubsidiaries or affiliates to determine the financial status of the\\ncommunity and the management capabilities of the operator.\\n 3. Sixty days before commencement of each calendar or fiscal year or\\nofficial opening date, whichever is applicable, each operator shall file\\nwith the commissioner and superintendent a computation of the annual\\nlong-term debt service and a projected annual revenue and expense\\nsummary for the next ten years.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4608", "title" : "Contracts", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-01-02", "2015-03-20", "2015-04-10", "2025-12-26", "2026-02-27" ], "docLevelId" : "4608", "activeDate" : "2015-04-10", "sequenceNo" : 1805, "repealedDate" : null, "fromSection" : "4608", "toSection" : "4608", "text" : " § 4608. Contracts. A continuing care retirement contract or continuing\\ncare at home contract shall contain all of the following information in\\nno less than twelve point type and in plain language, in addition to any\\nother terms or matter as may be required by regulations adopted by the\\ncouncil and issued by the superintendent:\\n 1. The amount of all money transferred, including, but not limited to,\\ndonations, subscriptions, deposits, fees, and any other amounts paid or\\npayable by, or on behalf of, the resident or residents or continuing\\ncare at home contract holder or holders;\\n 2. A description of all services which are to be furnished by the\\noperator, a description of any fees in addition to the entrance fee and\\nperiodic charges provided for in the contract, and the conditions under\\nwhich the fees may be adjusted, provided that an operator shall not\\ncharge any non-refundable application fee to a prospective resident who\\nhas paid a non-refundable priority reservation agreement application\\nfee;\\n 3. The procedures of the community relating to a resident's or\\ncontract holder's failure to pay the required monthly fees;\\n 4. A statement of the figures and terms concerning the entry of a\\nspouse to the community and the consequences if the spouse does not meet\\nthe requirements for entry;\\n 5. A statement of the terms and conditions under which a contract may\\nbe cancelled by the operator or by a resident or contract holder and the\\nconditions under which all or any portion of the entrance fee will be\\nrefunded by the operator, including the mandatory refund provisions set\\nforth in sections forty-six hundred nine and forty-six hundred ten of\\nthis article;\\n 6. a. The procedures and conditions under which a resident may be\\ntransferred from his or her living unit or home including a statement\\nthat, at the time of transfer, the resident will be given the reasons\\nfor the transfer; the process by which a transfer decision is made; the\\npersons with the authority to make the decision to transfer; a\\ndescription of any change in charges to be paid by the resident for\\nservices not covered by the contract fees as a result of the transfer;\\nand a statement regarding the disposition of and the right to return to\\nthe living unit in cases of temporary and permanent transfers.\\n b. For continuing care retirement contracts, the circumstances under\\nwhich a living unit may be considered vacant and eligible for transfer\\nor resale to a new resident, either due to the permanent transfer of a\\nresident to the community's nursing or other specialized facility or due\\nto the permanent transfer of a resident to a hospital or other facility\\noutside of the community; provided, however, that nothing therein shall\\nrelieve a community from its obligations to provide or to insure\\nprovision of all contractually required care pursuant to the terms of a\\ncontinuing care retirement contract. Should a resident's chronic\\ncondition require placement in a more specialized chronic care facility\\nthat provides services beyond those provided through the community's\\nnursing facility, the liability of the community pursuant to the terms\\nof a continuing care retirement contract shall be equal to the current\\nper diem rate of the nursing facility minus the pro rata apportionment\\nof the resident's monthly fee for the period of care required by the\\ncontract. Nothing herein shall obligate a continuing care retirement\\ncommunity which does not have a life care contract with a resident to\\nprovide or pay for a level of nursing facility services nor for any\\nduration beyond what is specifically described in its continuing care\\nretirement contract with that resident. This section shall not affect\\nthe operator's obligation under subdivision two of section forty-six\\nhundred twenty-four of this article;\\n 7. For continuing care retirement contracts, a statement that, if the\\nresident dies prior to occupancy date or, through illness, injury, or\\nincapacity is precluded from becoming a resident under the terms of the\\ncontract, the contract is automatically rescinded and the resident or\\nhis or her legal representative shall receive a full refund of all\\nmoneys paid to the facility, except for those costs specifically\\nincurred by the facility at the request of the resident and set forth in\\nwriting in a separate addendum, signed by the parties to the contract;\\n 8. For continuing care at home contracts, a statement that, if the\\nresident dies prior to the effective start date of services or, through\\nillness, injury, or incapacity is precluded from meeting the eligibility\\nterms of the contract, the contract is automatically rescinded and the\\nresident or his or her legal representative shall receive a full refund\\nof all moneys paid to the facility, except for those costs specifically\\nincurred by the facility at the request of the resident and set forth in\\nwriting in a separate addendum, signed by the parties to the contract;\\n 9. For continuing care retirement contracts, a statement of the\\nconditions under which all or any portion of the entrance fee will be\\nreleased to the operator before the living unit becomes available for\\noccupancy, and a statement of the conditions under which all or any\\nportion of that fee will be refunded in the event of the death of the\\nresident and/or spouse following occupancy of a living unit, including\\nthe mandatory refund provisions set forth in section forty-six hundred\\nnine of this article;\\n 10. A statement of the advance notice to be provided the resident or\\ncontract holder, of not less than sixty days, of any change in fees or\\ncharges or scope of care or services;\\n 11. A statement that no act, agreement, or statement of any resident\\nor contract holder, or of an individual purchasing care for a resident\\nor contract holder under any agreement to furnish care to the resident\\nor contract holder, shall constitute a valid waiver of any provision of\\nthis article or of any regulation enacted pursuant thereto intended for\\nthe benefit or protection of the resident or contract holder or the\\nindividual purchasing care for the resident or contract holder;\\n 12. For continuing care retirement contracts, a description of the\\nreinstatement policies if a resident leaves the facility or the contract\\nis cancelled; and for continuing care at home contracts, a description\\nof policies if the home resident relocates their private residence or\\nthe contract is cancelled.\\n 13. A statement that internal procedures to resolve disputes and\\ngrievances have been established, and residents and contract holders\\nnotified of them;\\n 14. A statement of the grace period, if any, for the payment of\\nperiodic fees without a penalty, and the extent of any penalty for the\\nlate payment thereof;\\n 15. A statement that: a. the resident or contract holder, as\\napplicable shall, if eligible, enroll in medicare parts a and b or the\\nequivalent and shall continue to maintain that coverage, together with\\nmedicare supplement coverage at least equivalent in benefits to those\\nestablished by the superintendent as minimum benefits for medicare\\nsupplement policies;\\n b. if the resident or contract holder fails to maintain medicare\\ncoverage and a medicare supplement coverage, or is ineligible for such\\ncoverage and fails to purchase the equivalent of such coverage, the\\ncommunity shall purchase the coverage or equivalent coverage on behalf\\nand at the expense of the resident or contract holder and shall have the\\nauthority to require an appropriate adjustment in payments by the\\nresident or contract holder to the community;\\n c. if the community cannot purchase medicare coverage and medicare\\nsupplement coverage or the equivalent, the community shall have the\\nauthority to require an adjustment in monthly fees, subject to the\\napproval of the superintendent, to fund the additional risk to the\\nfacility; and\\n d. if the resident or contract holder fails to purchase or maintain\\nmedicare coverage and medicare supplement coverage or the equivalent,\\nand the community has not purchased such coverage, the community will be\\nresponsible for any expenses which would have been covered by medicare\\nand medicare supplement coverage. The community may add the amount of\\nsuch expenses to the resident's or contract holder's monthly fees.\\n 16. A statement that any amendment to the contract and any change in\\nfees or charges, other than those within the guidelines of an approved\\nrating system, must be approved by the superintendent of financial\\nservices;\\n 17. A statement that property shall not be substituted as payment for\\neither the entrance fee or monthly fee;\\n 18. A statement describing the method by which the community will\\ndetermine priority for access to available adult care facility or\\nnursing facility beds between a continuing care retirement contract\\nholder and a continuing care at home contract holder;\\n 19. For continuing care retirement contracts, a statement whether the\\ncontinuing care retirement contract includes any ownership, beneficial\\nor trust interest in the assets of the operator, the assets of the\\nfacility, or both. Assets shall include, but are not limited to,\\nproperty, trusts, reserves, interest and other assets; and\\n 20. Continuing care at home contracts shall include the following:\\n a. a statement describing the circumstances under which a contract\\nholder may move into a campus independent living unit, adult care\\nfacility or nursing home;\\n b. a statement as to whether and under what circumstances\\ntransportation will be provided to continuing care at home contract\\nholders;\\n c. a statement describing the mechanism for monitoring continuing care\\nat home contract holders;\\n d. a statement describing the method by which the community will\\ndetermine priority for access to available ILUs between a continuing\\ncare at home contract holder who wishes to convert the contract to a\\ncontinuing care retirement contract and a continuing care retirement\\ncontract holder;\\n e. a statement describing any applicable geographical limits of the\\ncontinuing care at home services, and the policy that will be followed\\nin the event that a continuing care at home contract holder relocates to\\na different residence outside the geographical limits covered by the\\ncontinuing care at home contract; and\\n f. a statement describing any applicable policy that would entitle a\\ncontinuing care at home contract holder to select adult care facility or\\nskilled nursing facility placement in a facility that is not part of the\\ncontinuing care retirement community.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4608-A", "title" : "Continuing care at home requirements", "docType" : "SECTION", "publishedDates" : [ "2015-03-20", "2015-04-10" ], "docLevelId" : "4608-A", "activeDate" : "2015-04-10", "sequenceNo" : 1806, "repealedDate" : null, "fromSection" : "4608-A", "toSection" : "4608-A", "text" : " § 4608-a. Continuing care at home requirements. Continuing care\\nretirement communities offering continuing care at home contracts shall:\\n 1. Ensure that all continuing care retirement community employees or\\ncontractors providing services to continuing care at home contract\\nholders are duly licensed or certified pursuant to law, which shall\\ninclude but not be limited to any licensure requirements for the\\nprovision of home care services set forth in article thirty-six of this\\nchapter;\\n 2. Include all operating expenses for continuing care at home\\ncontracts in the calculation of reserve requirements required by the\\ndepartment of financial services; and\\n 3. Include all operating activities for continuing care at home\\ncontracts in the total operation of the community when submitting\\nfinancial reports as required by the department and the department of\\nfinancial services.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4609", "title" : "Withdrawal, death or dismissal of person; refund", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4609", "activeDate" : "2014-09-22", "sequenceNo" : 1807, "repealedDate" : null, "fromSection" : "4609", "toSection" : "4609", "text" : " § 4609. Withdrawal, death or dismissal of person; refund. 1. Upon the\\ngiving of written notice of cancellation by certified mail of at least\\nthirty days, the contract may be cancelled by a resident for any reason,\\nor by an operator if the applicant has willfully mismanaged assets\\nneeded to pay monthly care fees. A resident shall not be discharged for\\ninability to pay the monthly fee except where a showing of the willful\\nmismanagement of assets needed to pay monthly care fees has been made.\\n 2. If the notice required by subdivision one of this section is given\\nwithin the first ninety days of occupancy, the resident shall receive a\\nrefund of not less than the entry fee and any other pre-payments less\\nthe actual cost of any services actually provided and the actual cost of\\nrefurbishing the unit for resale. After the first ninety days of\\noccupancy, any refund shall be not less than the entrance fee, except\\nthat the operator may retain no more than two percent per month of\\noccupancy by the resident of such fee and no more than a four percent\\nfee for processing.\\n 3. Refunds upon death will be made on the same basis as refunds upon\\nwithdrawal.\\n 4. Any refund made pursuant to this section must be paid no later than\\nthirty days after the formerly occupied unit has been resold, but in no\\nevent later than one year after the formerly occupied unit has been\\nvacated.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4610", "title" : "Entrance fee escrow account", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4610", "activeDate" : "2014-09-22", "sequenceNo" : 1808, "repealedDate" : null, "fromSection" : "4610", "toSection" : "4610", "text" : " § 4610. Entrance fee escrow account. As a condition for approval to\\nadvertise and collect refundable entry fees/deposits:\\n 1. The operator shall establish an interest-bearing account with a New\\nYork bank, New York savings and loan association, or New York trust\\ncompany for any entrance fees received by the operator, which escrow\\nfunds shall be subject to release as provided by subdivision seven of\\nthis section.\\n 2. An escrow agreement shall be entered into between the bank, savings\\nand loan association, or trust company and the operator of the\\ncommunity. The agreement shall state that its purpose is to protect the\\nresident or the prospective resident and that, upon presentation of\\nevidence of compliance with applicable portions of this article, or upon\\norder of a court of competent jurisdiction, the escrow agent shall\\nrelease and pay over the funds, or portions thereof, together with any\\ninterest accrued thereon or earned from investment of the funds, to the\\noperator or resident as directed.\\n 3. Checks, drafts, and money orders for deposit from prospective\\nresidents shall be made payable to the escrow agent only.\\n 4. All funds deposited in the escrow account shall remain the property\\nof the resident until released to the operator in accordance with this\\nsection, and the funds shall not be subject to any liens or charges by\\nthe escrow agent or judgments, garnishments, or creditor's claims\\nagainst the operator or community.\\n 5. At the request of the operator, the commissioner, or the\\nsuperintendent, the escrow agent shall issue a statement indicating the\\nstatus of the escrow account.\\n 6. Escrowed funds shall not be released to the operator unless:\\n a. construction or purchase of the community has been substantially\\ncompleted, an occupancy permit covering the living unit has been issued\\nby the local government having authority to issue such permits, and the\\nliving unit becomes available for occupancy; or\\n b. the operator has submitted an application to the commissioner, on\\nforms approved by the department, for authorization to use escrowed\\nentrance fees to assist the operator in financing the construction or\\npurchase of a proposed community and the commissioner, with the advice\\nof the superintendent, and in accordance with such regulations as may be\\npromulgated by the council, has approved such application. The\\ncommissioner shall not approve such application over the objection of\\nthe superintendent, and shall not approve it unless satisfied that the\\nfollowing conditions have been met:\\n (i) the operator has executed contracts accompanied by an entrance fee\\nor entrance fee deposit for at least sixty percent of all proposed\\nliving units;\\n (ii) the aggregate entrance fees or deposits received by the operator\\npursuant to executed contracts equal at least twenty-five percent of the\\ntotal of the entrance fees due at occupancy for at least sixty percent\\nof all proposed living units, or at least ten percent of the total\\nentrance fee due at occupancy for at least seventy percent of all\\nproposed living units, whichever is less;\\n (iii) the operator has entered into a contract for the construction or\\npurchase of the community which contract has a fixed maximum price and,\\nif a construction contract, the contractor has secured a performance or\\ncompletion bond for the benefit of the operator;\\n (iv) the operator has received a firm commitment for a permanent\\nmortgage loan or other long term financing and conditions to the\\ncommitment prior to disbursement of funds thereunder, other than\\ncompletion of construction or purchase, are substantially satisfied;\\n (v) the total amount of escrowed entrance fees or deposits that may be\\napproved for release under this paragraph shall not exceed fifteen\\npercent of the total costs of acquiring, constructing and equipping the\\nproposed community;\\n (vi) use of the entrance fees or deposits shall not impair the\\noperator's ability to comply with the requirements of section forty-six\\nhundred eleven of this article;\\n (vii) the operator's executed contracts or amended contracts referred\\nto in subparagraph (i) of this paragraph, and all contracts generating\\nthe entrance fees for which release is sought, contain a provision\\nconspicuously disclosing the intended use of entrance fees, and that all\\nrefunds shall be in accordance with the otherwise applicable provisions\\nof this article, the regulations adopted pursuant thereto and the\\ncontract;\\n (viii) the use of the entrance fees or deposits under this paragraph\\nwill promote the efficient and cost-effective acquisition or development\\nof the proposed community; and\\n (ix) the release, availability and use of the entrance fees comply\\nwith any other conditions the council shall establish.\\n 7. If the funds in an escrow account under this section and any\\ninterest thereon are not released to the operator within such time as\\nprovided by rules and regulations adopted by the council, then such\\nfunds shall be returned by the escrow agent to the persons who had made\\npayment to the operator.\\n 8. An entrance fee held in escrow may be returned by the escrow agent\\nto the person who paid the fee upon receipt by the escrow agent of\\nnotice from the operator that such person is entitled to a refund of the\\nentrance fee.\\n 9. Nothing in this section shall be interpreted as requiring the\\nescrow of any nonrefundable application fee, designated as such in the\\ncontract, received by the operator from a prospective resident.\\n 10. Construction of housing or other facilities shall not begin until:\\n a. the operator has executed contracts accompanied by a deposit of at\\nleast ten percent of the entry fee payment for fifty percent of all\\nunits; and\\n b. all permits and approvals necessary for operation of the community\\nhave been granted except those that depend upon construction;\\n Provided, nothing in this subdivision shall prohibit an operator, upon\\nthe approval of the council, or an applicant or prospective applicant\\nupon the approval of the commissioner pursuant to section forty-six\\nhundred twenty-one of this article, from constructing model units and a\\nsales office.\\n 11. Any entry fee deposit required by an operator shall be fully\\nrefundable if the contract is cancelled within seventy-two hours of its\\nexecution. In the event of cancellation, the entry fee deposit shall be\\nrefunded within three business days of receipt of cancellation.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4611", "title" : "Reserves and supporting assets", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2025-12-26", "2026-02-27" ], "docLevelId" : "4611", "activeDate" : "2014-09-22", "sequenceNo" : 1809, "repealedDate" : null, "fromSection" : "4611", "toSection" : "4611", "text" : " § 4611. Reserves and supporting assets. 1. An operator shall maintain\\nreserve liabilities and supporting assets in an amount and for the\\npurposes set forth in a regulation issued by the superintendent of\\nfinancial services. Liquid assets must be maintained for the following\\nreserve liabilities:\\n a. Principal and interest payments and payments for taxes and\\ninsurance for up to twelve months;\\n b. Total estimated operating costs for up to six months as set by the\\nsuperintendent;\\n c. Repairs and replacements for up to twelve months; and\\n d. In addition, the amount of liquid assets must meet any cash flow\\nrequirements and conditions as set forth in a regulation.\\n 2. The assets in support of reserve liabilities of subdivision one of\\nthis section shall meet quantitative and qualitative standards set forth\\nin regulations issued by the superintendent.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4612", "title" : "Residents' organizations", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-01-02", "2015-03-20", "2015-04-10" ], "docLevelId" : "4612", "activeDate" : "2015-04-10", "sequenceNo" : 1810, "repealedDate" : null, "fromSection" : "4612", "toSection" : "4612", "text" : " § 4612. Residents' organizations. 1. Continuing care retirement\\ncontract holders shall have the right of self-organization, the right to\\nbe represented by one or more individuals of their own choosing, and the\\nright to engage in concerted activities for the purpose of keeping\\ninformed of the operation of the community in which they live.\\n 2. The board of directors, a designated representative, or other such\\ngoverning body of a continuing care retirement community shall meet at\\nleast four times a year with residents' representatives and shall hold a\\ngeneral meeting of all residents once a year for the purpose of\\ndiscussing subjects including, but not limited to, the financial\\nposition of the community, the quality of social and health services at\\nthe community, and any proposed changes in policies, programs or\\nservices.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4613", "title" : "Advertisements", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4613", "activeDate" : "2014-09-22", "sequenceNo" : 1811, "repealedDate" : null, "fromSection" : "4613", "toSection" : "4613", "text" : " § 4613. Advertisements. No person, partnership, corporation, company,\\ntrust or association, or any agent or employee thereof, shall publish or\\ncause to be published, circulated, or disseminated any financial\\nstatement, pamphlet, circular, form letter, advertisement, or other\\nsales literature or advertising communication addressed or intended for\\ndistribution to prospective residents of continuing care retirement\\ncommunities that contains statements or illustrations that are untrue,\\ndeceptive, misleading, or omit material facts or omit any other\\ninformation required by regulations appropriate to a continuing care\\nretirement community.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4614", "title" : "Audits", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-01-02", "2015-03-20", "2015-04-10", "2025-12-26", "2026-02-27" ], "docLevelId" : "4614", "activeDate" : "2015-04-10", "sequenceNo" : 1812, "repealedDate" : null, "fromSection" : "4614", "toSection" : "4614", "text" : " § 4614. Audits. 1. The commissioner, or designee; and the\\nsuperintendent, or designee; may at any time, and shall at least once\\nevery three years, visit each community and examine the business of any\\napplicant for a certificate of authority and any operator engaged in the\\nexecution of continuing care retirement contracts or continuing care at\\nhome contracts or engaged in the performance of obligations under such\\ncontracts. Routine examinations may be conducted by having documents\\ndesignated by and submitted to such commissioners or superintendent,\\nwhich shall include financial documents and records conforming to\\ncommonly accepted accounting principles and practices. The final written\\nreport of each such examination conducted by such commissioners or\\nsuperintendent shall be filed with the commissioner and, when so filed,\\nshall constitute a public record. A copy of each report shall be\\nprovided to members of the continuing care retirement community council.\\nAny operator being examined shall, upon request, give reasonable and\\ntimely access to all of its records. The representative or examiner\\ndesignated by the commissioners or superintendent, respectively, may, at\\nany time, examine the records and affairs and inspect the community's\\nfacilities, whether in connection with a formal examination or not.\\n 2. Any duly authorized officer, employee, or agent of the health\\ndepartment, or department of financial services may, upon presentation\\nof proper identification, have access to, and inspect, any records\\nmaintained by the community relevant to the respective agency's\\nregulatory authority, with or without advance notice, to secure\\ncompliance with, or to prevent a violation of, any provision of this\\narticle.\\n 3. Reports of the results of such examinations and inspections shall\\nbe kept on file by the commissioner and shall be open to public\\ninspection at the community, provided any records, reports, or documents\\nwhich by state or federal law or regulation are deemed confidential may\\nnot be distributed or made available unless and until such confidential\\nstatus has expired.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4615", "title" : "Revocation, suspension or annulment of certificate of authority", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-01-02", "2015-03-20", "2015-04-10", "2025-12-26", "2026-02-27" ], "docLevelId" : "4615", "activeDate" : "2015-04-10", "sequenceNo" : 1813, "repealedDate" : null, "fromSection" : "4615", "toSection" : "4615", "text" : " § 4615. Revocation, suspension or annulment of certificate of\\nauthority. 1. The council may revoke, suspend, limit or annul the\\ncertificate of authority of an operator upon proof that:\\n a. The operator failed to continue to meet the requirements for the\\nauthority originally granted;\\n b. The operator lacked one or more of the qualifications for the\\ncertificate of authority as specified by this article;\\n c. The operator made a material misstatement, misrepresentation, or\\ncommitted fraud in obtaining the certificate of authority, or in\\nattempting to obtain the same;\\n d. The operator lacked fitness or was untrustworthy;\\n e. The operator engaged in fraudulent or dishonest practices of\\nmanagement in the conduct of business under the certificate of\\nauthority;\\n f. The operator converted or withheld funds;\\n g. The operator failed to comply with, or violated, any proper order,\\nrule or regulation of the council or violated any provision of this\\narticle;\\n h. The unsound business practices of the operator renders its further\\ntransactions in this state hazardous or injurious to the public;\\n i. The operator has refused to be examined or to produce its accounts,\\nrecords, and files for examination, or its officers, employees, or\\ncontrolling persons have refused to give information with respect to the\\naffairs of the community or to perform any other legal obligation as to\\nsuch examination;\\n j. The superintendent of financial services has made a determination\\nthat the operator is insolvent within the meaning of section one\\nthousand three hundred nine of the insurance law; or\\n k. The commissioner has found violations of applicable statutes, rules\\nor regulations which threaten to affect directly the health, safety, or\\nwelfare of a resident.\\n 2. No certificate of authority shall be revoked, suspended, limited or\\nannulled without a hearing, except that a certificate of authority may\\nbe temporarily suspended or limited prior to a hearing for a period not\\nin excess of sixty days upon written notice to the operator following a\\nfinding by the commissioner that the public health or safety is in\\nimminent danger or there exists any condition or practice or a\\ncontinuing pattern of conditions or practices that pose an imminent\\ndanger to the health or safety of any resident. Any delay in the hearing\\nprocess occasioned by the operator shall toll the running of said\\nsuspension or limitation and shall not abridge the full time provided in\\nthis subdivision.\\n 3. Any state agency which seeks to revoke, suspend, limit or annul the\\ncertificate of authority or any other license or certificate required to\\nbe obtained by an operator of a continuing care retirement community\\npursuant to law, shall request the council to commence a hearing\\npursuant to this section.\\n 4. The council shall fix a time and place for the hearing. The\\ncommissioner shall cause to be served in person or mailed by registered\\nor certified mail to the operator at least ten days before the date\\nfixed for the hearing a copy of the charges, together with the notice of\\nthe time and place of the hearing. The operator shall file with the\\ncommissioner not less than three days prior to the hearing a written\\nanswer to the charges. The agency which initiated the proceeding shall\\nbe responsible for providing evidence in support of the charges to the\\ncommissioner in order to prepare a statement of charges and shall\\nprovide evidence in support of the charges at the hearing.\\n 5. All orders hereunder shall be subject to review as provided in\\narticle seventy-eight of the civil practice law and rules. Application\\nfor such review must be made within sixty days after service in person\\nor by registered or certified mail of a copy of the order upon the\\noperator.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4616", "title" : "Appointment of a caretaker", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2025-12-26" ], "docLevelId" : "4616", "activeDate" : "2014-09-22", "sequenceNo" : 1814, "repealedDate" : null, "fromSection" : "4616", "toSection" : "4616", "text" : " § 4616. Appointment of a caretaker. Upon a determination by the\\ncouncil that there exists operational deficiencies in a continuing care\\nretirement community that show:\\n 1. a condition or conditions in substantial violation of the standards\\nfor health, safety or patient care established under federal or state\\nlaw or regulations;\\n 2. or that there exists in the facility a pattern or practice of\\nhabitual violation of the standards of health, safety or patient care\\nestablished under federal or state law or regulations, the council shall\\ntake the actions prescribed by section forty-six hundred fifteen of this\\narticle, and, where the council deems it to be in the public interest,\\nthe council may request that the commissioner, and upon request of the\\ncouncil the commissioner shall, petition a court of competent\\njurisdiction to appoint a caretaker as defined in section twenty-eight\\nhundred one of this chapter. The petition, the proceedings, and the\\nprocedures for appointment of a caretaker shall be governed by the\\nprovisions of section forty-six hundred seventeen of this article, and\\nthe powers, duties and rights of a caretaker appointed pursuant to such\\nsection shall be the same as those authorized by subdivision four of\\nsuch section.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4617", "title" : "Receiverships", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2025-12-26" ], "docLevelId" : "4617", "activeDate" : "2014-09-22", "sequenceNo" : 1815, "repealedDate" : null, "fromSection" : "4617", "toSection" : "4617", "text" : " § 4617. Receiverships. 1. The council may, if it determines that\\nserious operational deficiencies exist or serious financial problems\\nexist and such action is desirable, enter into an agreement with the\\noperator or owners of a continuing care retirement community with\\nrespect to the appointment of a receiver to take charge of the community\\nunder conditions as found acceptable by both parties. Receivership\\ncommenced in accordance with the provisions of this subdivision shall\\nterminate at such time as may be provided in the receivership agreement,\\nor at such time as either party notifies the other in writing that it\\nwishes to terminate such receivership.\\n 2. Upon request of the council, the commissioner shall, at the time of\\nrevocation, suspension or temporary suspension of a certificate of\\nauthority, apply to the supreme court where the community is situated\\nfor an order directing the owner of the land and/or structure on or in\\nwhich the community is located, to show cause why a receiver should not\\nbe appointed to take charge of the community. In those cases where the\\ncertificate of authority has been revoked, suspended or temporarily\\nsuspended, the supreme court shall appoint a receiver that, where\\nreasonably possible, is a legal entity that holds a valid certificate of\\nauthority. Such application shall contain proof by affidavit that the\\nfacility has had its certificate of authority revoked, suspended, or\\ntemporarily suspended. Such order to show cause shall be returnable not\\nless than five days after service is completed and shall provide for\\npersonal service of a copy thereof and the papers on which it is based,\\non the owner or owners of the land and/or structures on or in which the\\ncommunity is located. If any such owner and manager cannot with due\\ndiligence be served personally within the county where the property is\\nlocated and within the time fixed in such order, then service may be\\nmade on such person by posting a copy thereof in a conspicuous place\\nwithin the community in question, and by sending a copy thereof by\\nregistered mail, return receipt requested, to such owner at the last\\naddress registered by him with the department or in the absence of such\\nregistration to the address set forth in the last recorded deed with\\nrespect to the facility. Service shall be deemed complete on filing\\nproof of service thereof in the office of the county clerk, or the clerk\\nof the city of New York, as the case may be.\\n 3. On the return of said order to show cause, the matter shall have\\nprecedence over every other business of the court unless the court shall\\nfind that some other pending proceeding, having a similar statutory\\nprecedence, shall have priority. The court may conduct a hearing at\\nwhich all interested parties shall have the opportunity to present\\nevidence pertaining to the application. If the court shall find that the\\nfacts warrant the granting thereof, then any such qualified and approved\\nagency, person or corporation, or the commissioner or any person\\ndesignated by the commissioner, shall be appointed receiver to take\\ncharge and assume operation of the community. However, such receiver may\\nmake application to the appointing court for decision, reformation or\\nsuch other relief as may be appropriate to protect the best interests of\\nthe residents residing within such community. No security interest in\\nany real or personal property comprising the community shall be impaired\\nor diminished in priority by the receiver. The receiver shall compensate\\nthe owner or owners of any goods held in inventory for those goods which\\nhe or she uses or causes to be used by reimbursing the costs of such\\ngoods, except that no such compensation shall be made for any goods for\\nwhich the owners or operators of the community have already been\\nreimbursed.\\n 4. Any receiver appointed pursuant to this section shall have all of\\nthe powers and duties of a receiver appointed in an action to foreclose\\na mortgage on real property, together with such additional powers and\\nduties as are herein granted and imposed. The receiver may correct or\\neliminate those deficiencies in the facility that seriously endanger the\\nlife, health, safety or finances of such residents subject to such terms\\nas the court may direct. The receiver shall operate the community in\\nsuch a manner as intended to assure safety and adequate care for such\\nresidents. Any receiver who is an official or employee of the state of\\nNew York shall not be required to file any bond. The receiver shall\\nhonor all existing leases, mortgages and chattel mortgages that had\\npreviously been undertaken as obligations of the owners or operators of\\nthe community.\\n 5. The appointing court, upon application of the receiver, may make\\nsuch provision as justice may require for reasonable compensation and\\nreimbursement of the reasonable expenses of the receiver. The receiver\\nshall be liable only in his or her official capacity for injury to\\nperson and property by reason of conditions of the community in a case\\nwhere an owner would have been liable; provided that he or she operates\\nsuch facility in compliance with the terms of his or her appointment,\\nthe receiver shall not have any liability in his or her personal\\ncapacity, except for gross negligence and intentional acts.\\n 6. a. The court shall terminate the receivership only under the\\nfollowing circumstances:\\n (i) when the community is issued a new certificate of authority for\\nthe community; or\\n (ii) at such time as all of the residents in the community have been\\nprovided alternate residential and health care services.\\n b. At the time of termination, the receiver shall render a full and\\ncomplete accounting to the court and shall make disposition of surplus\\nmoney at the discretion of the court.\\n 7. a. Any person who is served a copy of an order of the court\\nappointing the receiver shall, upon being notified of the name and\\naddress of the receiver, make all payments for goods supplied by the\\ncommunity, or services rendered by the community, to the receiver. A\\nreceipt shall be given for each such payment, and copies of all such\\nreceipts shall be kept on file by the receiver. The amount so received\\nshall be deposited by the receiver in a special account which shall also\\nbe used for all disbursements made by the receiver.\\n b. Any person refusing or omitting to make such a payment after such\\nservice and notice may be sued therefor by the receiver. Such person\\nshall not in such suit dispute the authority of the receiver to incur or\\norder such expenses, or the right of the receiver to such payments made\\nto him. The receipt provided by the receiver for any sum paid to him\\nshall, in all suits and proceedings and for every other purpose, be as\\neffectual in favor of any person holding the receipt as actual payment\\nof the amount thereof to the operator or other person or persons who\\nwould, but for the provisions of this section, have been entitled to\\nreceive the sum to be paid. No resident shall be discharged, nor shall\\nany contract or rights be forfeited or impaired, nor any forfeiture or\\nliability be incurred, by reason of any omission to pay any operator,\\nowner, contractor, or other person any sum so paid to the receiver.\\n 8. Any other provision of this article notwithstanding, the council\\nmay, if it deems appropriate, grant to any community operating or\\nscheduled to operate under a receivership authorized by this section a\\ncertificate of authority, the duration of which shall be limited to the\\nduration of the receivership.\\n 9. a. No provision contained herein shall be deemed to relieve the\\noperator, owner, or manager of any civil or criminal liability incurred,\\nor any duty imposed by law, by reason of acts or omissions of the\\noperator, owner, or manager prior to the appointment of any receiver\\nhereunder, nor shall anything contained herein be construed to suspend\\nduring the receivership any obligation of the owner for the payment of\\ntaxes or other operating and maintenance expenses of the community nor\\nof the owner or any other person for the payment of mortgages or liens.\\n b. The receiver shall not be responsible for any obligations incurred\\nby the owner, manager, or prime lessor, if any, prior to the appointment\\nof the receiver, other than those obligations to residents pursuant to\\nthe continuing care retirement contracts.\\n c. The receiver shall be entitled to use for operating and maintenance\\nexpenses and the basic needs of the residents of the community a portion\\nof the revenues due the operator during the month in which the receiver\\nis appointed which portion shall be established on the basis of the\\namounts of the unpaid operating and maintenance expenses for such month.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4618", "title" : "Civil action", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4618", "activeDate" : "2014-09-22", "sequenceNo" : 1816, "repealedDate" : null, "fromSection" : "4618", "toSection" : "4618", "text" : " § 4618. Civil action. Any person who, as or on behalf of an operator,\\nenters into a contract without having first delivered to the prospective\\nresident the disclosure statement and annual report required by sections\\nforty-six hundred six and forty-six hundred seven of this article; or\\ndelivers to the prospective resident a disclosure statement or annual\\nreport that omits a material fact or makes an untrue or misleading\\nstatement of material fact shall be liable to the individual contracting\\nfor services pursuant to such contract for damages and repayment of all\\nentrance, application, periodic charge, or other fees paid by such\\nperson, less the reasonable cost of care and housing provided until\\ndiscovery of the violation or until the violation should reasonably have\\nbeen discovered, together with interest, costs, and reasonable\\nattorney's fees.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4619", "title" : "Criminal penalties", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4619", "activeDate" : "2014-09-22", "sequenceNo" : 1817, "repealedDate" : null, "fromSection" : "4619", "toSection" : "4619", "text" : " § 4619. Criminal penalties. 1. A person, partnership, corporation,\\ncontrolling person, or agent or employee thereof, who knowingly uses or\\nemploys any act or practice in violation of this article shall be guilty\\nof a class A misdemeanor.\\n 2. Nothing under this article limits the power of the state to punish\\nany person for any conduct which also constitutes a separate crime under\\nany other statute.\\n 3. The council may refer such evidence as is available concerning\\nviolations of this article to the appropriate district attorney who may,\\nwith or without such reference, institute appropriate criminal\\nproceedings.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4620", "title" : "Separability", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4620", "activeDate" : "2014-09-22", "sequenceNo" : 1818, "repealedDate" : null, "fromSection" : "4620", "toSection" : "4620", "text" : " § 4620. Separability. If any clause, sentence, paragraph, section or\\npart of this article shall be adjudged by any court of competent\\njurisdiction to be invalid, the judgment shall not affect, impair or\\ninvalidate the remainder thereof, but shall be confined in its operation\\nto the clause, sentence, paragraph, section or part of this article\\ndirectly involved in the controversy in which the judgment shall have\\nbeen rendered.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4621", "title" : "Priority reservation agreements; prior to obtaining a certificate of authority", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2025-12-26" ], "docLevelId" : "4621", "activeDate" : "2014-09-22", "sequenceNo" : 1819, "repealedDate" : null, "fromSection" : "4621", "toSection" : "4621", "text" : " § 4621. Priority reservation agreements; prior to obtaining a\\ncertificate of authority. The provisions of this section shall apply to\\nentities that seek approval to enter into priority reservation\\nagreements and to solicit, collect or receive priority reservation fees,\\nwith respect to a proposed continuing care retirement community, prior\\nto obtaining a certificate of authority under this article.\\n 1. No person, partnership, corporation or other entity shall solicit,\\ncollect or receive any priority reservation fee or enter into any\\nagreement relating to the payment of any priority reservation fee with\\nrespect to any continuing care retirement community to be operated\\nwithin the state without first obtaining the written authorization of\\nthe commissioner. The commissioner shall not grant such authorization to\\nan entity that has not yet obtained a certificate of authority unless\\nthe requirements of this section and any applicable regulations are met.\\nUpon obtaining the authorization of the commissioner under this section,\\na prospective continuing care retirement community applicant or an\\nentity that has filed an application for a certificate of authority may\\nenter into cancelable priority reservation agreements with prospective\\nresidents and solicit, collect and receive refundable priority\\nreservation fees for direct deposit into an escrow account, prior to\\nobtaining a certificate of authority, for the purpose of evaluating\\nmarket demand for a proposed continuing care retirement community and\\nfor the purpose of guaranteeing to prospective residents an opportunity\\nfor priority placement in a continuing care retirement community. A\\npriority reservation fee shall not exceed two thousand dollars. A\\nnon-refundable priority reservation agreement application fee shall not\\nexceed the maximum amount for such fee as set forth in regulations\\nadopted by the council.\\n 2. In order to receive authorization by the commissioner to enter into\\ncancelable priority reservation agreements and to solicit, collect or\\nreceive any refundable priority reservation fee, a person, partnership,\\ncorporation or other entity, hereinafter designated as the applicant,\\nshall apply for such authorization on forms or in a format prescribed by\\nthe commissioner and, as part of such application, shall submit the\\nfollowing information:\\n a. a description of the applicant's plan to implement the process of\\nentering into cancelable priority reservation agreements and to solicit,\\ncollect or receive refundable priority reservation fees;\\n b. a general description of the proposed community, including the\\nlocation and description of the proposed community site; the components\\nto be included in the community, such as independent living units,\\nskilled nursing facility and adult care facility; the estimated number\\nof each type of unit or beds; and the services to be provided;\\n c. an estimate of the pricing structure of the community including\\nentrance fees and monthly care fees;\\n d. a description of the anticipated market to be served;\\n e. anticipated methods and sources of financing for the proposed\\ncommunity;\\n f. organizational structure of the applicant;\\n g. the name and address of the escrow agent and a copy of the escrow\\nagreement required pursuant to this section;\\n h. a copy of the instructions to the escrow agent regarding the\\nissuance of refunds;\\n i. a copy of the forms to be used to document a request for a refund\\nof a priority reservation fee and the issuance of such refund;\\n j. a copy of the most recent set of financial statements of the\\napplicant prepared in accordance with generally accepted accounting\\nprinciples and certified to be true and accurate by an independent\\ncertified public accountant;\\n k. draft copies of all proposed marketing materials, including final\\nmarketing materials as soon as available; provided that the provision of\\nsuch material shall not be construed to require approval of such\\nmaterials by the department or the council;\\n l. a description of the sales office and a copy of the preliminary\\nsite plans and drawings of any proposed model units;\\n m. a copy of the proposed priority reservation agreement; and\\n n. any other information as may be required by regulations adopted\\npursuant to this article.\\n 3. Any change in the legal entity authorized under this section to\\nenter into cancelable priority reservation agreements and to solicit,\\ncollect or receive refundable priority reservation fees shall require\\napproval in the same manner as the original application; provided,\\nhowever, that the commissioner may waive any requirement to provide\\ninformation that is not relevant to such change.\\n 4. a. As a condition to receiving the commissioner's authorization\\nunder this section, an applicant shall establish a government insured\\ninterest-bearing account, which earns interest at a rate which is\\nconsistent with prevailing interest rates, and enter into an escrow\\nagreement with a New York bank, New York savings and loan association or\\nNew York trust company for the deposit of any priority reservation fees\\ncollected by the applicant pursuant to this section, which escrow funds\\nshall be subject to release as provided for in this section.\\n b. The escrow agreement shall state that its purpose is to protect\\nprospective residents who have paid a priority reservation fee to the\\napplicant in furtherance of the applicant's efforts to evaluate market\\ndemand for a proposed continuing care retirement community and to\\nguarantee prospective residents an opportunity for priority placement in\\na continuing care retirement community and that, upon presentation of\\nevidence of compliance with applicable portions of this article, or upon\\norder of a court of competent jurisdiction, the escrow agent shall\\nrelease and pay over the funds, or portions thereof, together with any\\ninterest accrued thereon or earned from investment of the funds, to the\\napplicant, the prospective resident or the prospective resident's legal\\nrepresentative as directed, within fifteen business days of receipt of\\nthe notice by the escrow agent.\\n c. Checks, drafts, and money orders for deposit from prospective\\nresidents shall be made payable to the escrow agent only.\\n d. All funds deposited in the escrow account shall remain the property\\nof the prospective residents until released to the applicant in\\naccordance with this section, and the funds shall not be subject to any\\nliens or charges by the escrow agent or judgments, garnishments, or\\ncreditors' claims against the applicant.\\n e. At the request of the applicant, the commissioner, or a prospective\\nresident, the escrow agent shall issue a statement indicating the status\\nof the escrow account.\\n f. A prospective resident's escrowed funds shall not be released to an\\napplicant unless the applicant obtains a certificate of authority to\\noperate the proposed continuing care retirement community and to enter\\ninto continuing care retirement contracts, and the prospective resident\\nhas entered into a continuing care retirement contract with the\\napplicant and has elected to apply the priority reservation fee to an\\nactual entrance fee or deposit on an entrance fee. Upon release to the\\napproved applicant, a prospective resident's escrowed priority\\nreservation fee funds shall be deposited into the entrance fee escrow\\naccount provided for in section forty-six hundred ten of this article.\\n g. If the funds in an escrow account under this section, and any\\ninterest thereon, are not released to the applicant within such time as\\nprovided by rules and regulations adopted by the council, then such\\nfunds shall be returned by the escrow agent to the person who had made\\nthe payments or the person's legal representative.\\n h. A priority reservation fee, and the interest accrued thereon, held\\nin escrow shall be returned by the escrow agent to the person who paid\\nthe fee upon receipt by the escrow agent of notice from the applicant or\\nthe person who paid the fee or the person's legal representative that\\nthe priority reservation agreement has been cancelled. Any priority\\nreservation fee, and the interest accrued thereon, shall be returned by\\nthe escrow agent to the person who paid the fee or the person's legal\\nrepresentative within fifteen business days of receipt by the escrow\\nagent of notice of cancellation of the priority reservation agreement.\\n i. Refunds of priority reservation fees upon the death of a\\nprospective resident will be made upon the same basis as refunds upon\\ncancellation of a priority reservation agreement.\\n j. Nothing in this section shall be interpreted as requiring the\\nescrow of any non-refundable priority reservation agreement application\\nfee, designated as such in the cancelable priority reservation\\nagreement, which fee is received by the applicant from a prospective\\nresident.\\n 5. Any marketing materials, including all materials associated with a\\nsales office and model units, used in the solicitation of priority\\nreservation agreements or priority reservation fees shall, at a minimum,\\ncontain the following:\\n a. a statement that the purpose of the marketing material is to\\ndetermine the market demand for a proposed continuing care retirement\\ncommunity and to offer prospective residents an opportunity for a\\nguaranteed priority placement in a continuing care retirement community\\nby entering into cancelable priority reservation agreements and\\naccepting refundable priority reservation fees;\\n b. a statement that the cancelable priority reservation agreement is\\nnot a continuing care retirement contract and may be cancelled by the\\nperson entering the agreement or the person's legal representative at\\nany time, without cause; and\\n c. a statement that any priority reservation fees paid shall be held\\nin escrow and shall be refunded, together with interest accrued at\\nprevailing rates, to the person paying the fee or the person's legal\\nrepresentative upon request and cancellation of the priority reservation\\nagreement.\\n 6. Any priority reservation fees with respect to a proposed continuing\\ncare retirement community may be collected only after issuance of a\\ncancelable priority reservation agreement to the person paying the fee,\\nwhich agreement shall contain the following information:\\n a. the name and location of the proposed community;\\n b. the name and address of the applicant;\\n c. the name, address and phone number of a contact person;\\n d. the name and address of the person paying the fee;\\n e. the name and address of the escrow agent;\\n f. the type of unit being reserved;\\n g. the estimated entry fee and monthly care fee clearly identified as\\nan estimate;\\n h. the amount of any non-refundable priority reservation agreement\\napplication fee;\\n i. a notice in bold twelve point type that the cancelable priority\\nreservation agreement does not obligate the person entering into the\\nagreement in any way; that there is no guarantee by the applicant that\\nthe fees estimated in the agreement will not change; that the community\\ndescribed is only a proposed community and any model units are only\\nrepresentative of units in a proposed community which is subject to the\\nsubmission of a formal application by the applicant and the subsequent\\napproval or disapproval by the council; that there is no guarantee that\\nthe unit described in the agreement or represented by any model will be\\nbuilt or otherwise made available as described in the agreement or at\\nall; that the person paying the priority reservation fee may receive a\\nrefund of the fee plus interest accrued at prevailing rates upon\\nrequest; and that should a certificate of authority be granted that he\\nor she shall be entitled on a priority basis to apply the priority\\nreservation fee to an actual entrance fee or entrance fee deposit on a\\nunit not already under contract;\\n j. the signature of the person paying the fee and the signature of the\\napplicant or the applicant's agent; and\\n k. a statement of the effective period of the agreement not to exceed\\nthe duration of the commissioner's authorization.\\n 7. a. In order to approve an application under this section, the\\ncommissioner shall have determined, as applicable, that:\\n (i) the applicant has satisfied the requirements of this section and\\nany applicable regulations; and\\n (ii) the applicant has demonstrated the capability to conduct a market\\nanalysis of the demand for the proposed continuing care retirement\\ncommunity and can be expected to meet its obligations in accordance with\\nthis section and in accordance with its priority reservation agreements\\nwith prospective residents.\\n b. If the commissioner approves an application, the commissioner shall\\nissue a written authorization to the applicant authorizing the applicant\\nto enter into cancelable priority reservation agreements and collect\\nrefundable priority reservation fees from prospective residents\\nconcerning the proposed continuing care retirement community.\\n c. The commissioner's authorization shall remain in effect for a\\nperiod not to exceed eighteen months from the date of the commissioner's\\nauthorization the commencement of said period to be specifically stated\\nin such authorization subject to the following:\\n (i) the commissioner may rescind the authorization, including any\\nextension thereof, at any time for just cause, including any material\\nmisstatement of fact or misrepresentation in any of the application\\nmaterials or any materials subsequently disseminated;\\n (ii) the authorization may be extended upon written application to and\\napproval of the commissioner for the duration of time specified in the\\ncommissioner's written approval;\\n (iii) unless already expired, the authorization shall be extended\\nautomatically if an application for a certificate of authority is\\nsubmitted pursuant to this article, and such authorization shall remain\\nin effect as long as the application for a certificate of authority\\nremains active; and\\n (iv) unless already expired, the authorization shall be extended\\nautomatically if a certificate of authority is obtained by the applicant\\npursuant to this article, and such authorization shall remain in effect\\nas long as the certificate of authority remains in effect.\\n d. The applicant shall provide written notice to all parties who have\\nentered into cancelable priority reservation agreements of the\\nfollowing:\\n (i) notice of the commissioner's recision of authorization to enter\\ninto cancelable priority reservation agreements;\\n (ii) notice of the commissioner's extension of authorization to enter\\ninto cancelable priority reservation agreements including the new\\nexpiration date and the reason for such extension; and\\n (iii) notice upon issuance of a certificate of authority pursuant to\\nthis article that the party to the agreement has the option on a\\npriority basis to apply the priority reservation fee to an actual\\nentrance fee or a deposit on an entrance fee.\\n e. The commissioner shall provide written notice to the escrow agent\\nof the commissioner's recision of authorization to enter into cancelable\\npriority reservation agreements, including instructions to release funds\\nheld in escrow to the persons who have paid refundable priority\\nreservation fees.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4622", "title" : "Priority reservation agreements; after obtaining a certificate of authority", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2025-12-26" ], "docLevelId" : "4622", "activeDate" : "2014-09-22", "sequenceNo" : 1820, "repealedDate" : null, "fromSection" : "4622", "toSection" : "4622", "text" : " § 4622. Priority reservation agreements; after obtaining a certificate\\nof authority. The provisions of this section apply to entities that seek\\napproval to enter into priority reservation agreements and to solicit,\\ncollect or receive priority reservation fees, with respect to a\\ncontinuing care retirement community, after obtaining a certificate of\\nauthority under this article.\\n 1. No person, partnership, corporation or other entity shall solicit,\\ncollect or receive any priority reservation fee or enter into any\\nagreement relating to the payment of any priority reservation fee with\\nrespect to any continuing care retirement community operated or to be\\noperated within the state without first obtaining the written\\nauthorization of the commissioner. The commissioner shall not grant such\\nauthorization to an entity that has obtained a certificate of authority\\nunless the requirements of this section and any applicable regulations\\nare met. Upon obtaining the authorization of the commissioner under this\\nsection, an operator may enter into cancelable priority reservation\\nagreements with prospective residents and solicit, collect and receive\\nrefundable priority reservation fees for direct deposit into an escrow\\naccount for the purpose of guaranteeing to prospective residents an\\nopportunity for priority placement in the continuing care retirement\\ncommunity for which the operator has obtained a certificate of\\nauthority. A priority reservation fee shall not exceed two thousand\\ndollars. A non-refundable priority reservation agreement application fee\\nshall not exceed the maximum amount for such fee as set forth in\\nregulations adopted by the council.\\n 2. In order to receive authorization by the commissioner to enter into\\ncancelable priority reservation agreements and to solicit, collect or\\nreceive any refundable priority reservation fee, an operator shall apply\\nfor such authorization on forms or in a format prescribed by the\\ncommissioner and, as part of such application, shall submit the\\nfollowing information:\\n a. a description of the applicant's plan to implement the process of\\nentering into cancelable priority reservation agreements and to solicit,\\ncollect or receive refundable priority reservation fees;\\n b. the name and address of the escrow agent and a copy of the escrow\\nagreement required pursuant to this section;\\n c. a copy of the instructions to the escrow agent regarding the\\nissuance of refunds;\\n d. a copy of the forms to be used to document a request for a refund\\nof a priority reservation fee and the issuance of such refund;\\n e. draft copies of all proposed marketing materials, provided that\\ncopies of the final marketing materials must be submitted as soon as\\nthey are available provided further that provision of such materials\\nshall not be construed to require approval of such materials by the\\ndepartment or the council;\\n f. a description of the sales office and drawings of any proposed\\nmodel units;\\n g. a copy of the proposed priority reservation agreement; and\\n h. any other information as may be required by regulations adopted\\npursuant to this article.\\n 3. a. As a condition to receiving the commissioner's authorization\\nunder this section, an operator shall establish a government insured\\ninterest-bearing account, which earns interest at a rate which is\\nconsistent with prevailing interest rates, and enter into an escrow\\nagreement with a New York bank, New York savings and loan association or\\nNew York trust company for the deposit of any priority reservation fees\\ncollected by the operator pursuant to this section, which escrow funds\\nshall be subject to release as provided for in this section.\\n b. The escrow agreement shall state that its purpose is to protect\\nprospective residents who have paid a priority reservation fee to the\\noperator in order to guarantee prospective residents an opportunity for\\npriority placement in the continuing care retirement community for which\\nthe operator has been issued a certificate of authority and that, upon\\npresentation of evidence of compliance with applicable portions of this\\narticle, or upon order of a court of competent jurisdiction, the escrow\\nagent shall release and pay over the funds, or portions thereof,\\ntogether with any interest accrued thereon or earned from investment of\\nthe funds, to the operator, the prospective resident or the prospective\\nresident's legal representative as directed, within fifteen business\\ndays of receipt of the notice by the escrow agent.\\n c. Checks, drafts, and money orders for deposit from prospective\\nresidents shall be made payable to the escrow agent only.\\n d. All funds deposited in the escrow account shall remain the property\\nof the prospective residents until released to the operator in\\naccordance with this section, and the funds shall not be subject to any\\nliens or charges by the escrow agent or judgments, garnishments, or\\ncreditors' claims against the operator.\\n e. At the request of the operator, the commissioner, or a prospective\\nresident, the escrow agent shall issue a statement indicating the status\\nof the escrow account.\\n f. A prospective resident's escrowed funds shall not be released to an\\noperator unless the prospective resident has elected to apply the\\npriority reservation fee to an actual entrance fee or deposit on an\\nentrance fee. Upon release to the operator, a prospective resident's\\nescrowed priority reservation fee funds shall be deposited into the\\nentrance fee escrow account provided for in section forty-six hundred\\nten of this article; provided that the operator may retain such funds\\nand shall not be required to deposit them into the entrance fee escrow\\naccount if the prospective resident's living unit is available for\\noccupancy.\\n g. If the funds in an escrow account under this section, and any\\ninterest thereon, are not released to the operator within such time as\\nprovided by rules and regulations adopted by the council, then such\\nfunds shall be returned by the escrow agent to the persons who had made\\nthe payments or the person's legal representative.\\n h. A priority reservation fee, and the interest accrued thereon, held\\nin escrow shall be returned by the escrow agent to the person who paid\\nthe fee upon receipt by the escrow agent of notice from the operator or\\nthe person who paid the fee or the person's legal representative that\\nthe priority reservation agreement has been cancelled. Any priority\\nreservation fee, and the interest accrued thereon, shall be returned by\\nthe escrow agent to the person who paid the fee or the person's legal\\nrepresentative within fifteen business days of receipt by the escrow\\nagent of notice of cancellation of the priority reservation agreement.\\n i. Refunds of priority reservation fees upon the death of a\\nprospective resident will be made upon the same basis as refunds upon\\ncancellation of a priority reservation agreement.\\n j. Nothing in this section shall be interpreted as requiring the\\nescrow of any non-refundable priority reservation agreement application\\nfee, designated as such in the cancelable priority reservation\\nagreement, which fee is received by the operator from a prospective\\nresident.\\n 4. Any marketing materials, including all materials associated with a\\nsales office and model units, used in the solicitation of priority\\nreservation agreements or priority reservation fees shall, at a minimum,\\ncontain the following:\\n a. a statement that the purpose of the marketing material is for the\\noperator to offer prospective residents an opportunity for a guaranteed\\npriority placement in a continuing care retirement community by entering\\ninto cancelable priority reservation agreements and accepting refundable\\npriority reservation fees;\\n b. a statement that the cancelable priority reservation agreement is\\nnot a continuing care retirement contract and may be cancelled by the\\nperson entering the agreement or the person's legal representative at\\nany time, without cause; and\\n c. a statement that any priority reservation fees paid shall be held\\nin escrow and shall be refunded, together with interest accrued at\\nprevailing rates, to the person paying the fee or the person's legal\\nrepresentative upon request and cancellation of the priority reservation\\nagreement.\\n 5. Any priority reservation fees with respect to a continuing care\\nretirement community may be collected only after issuance of a\\ncancelable priority reservation agreement to the person paying the fee,\\nwhich agreement shall contain the following information:\\n a. the name and location of the community;\\n b. the name and address of the operator;\\n c. the name, address and phone number of a contact person;\\n d. the name and address of the person paying the fee;\\n e. the name and address of the escrow agent;\\n f. the type of unit being reserved;\\n g. the current entry fee and monthly care fee, together with a\\nstatement explaining that these fees are subject to change and may be\\nchanged by the time the prospective resident enters into a continuing\\ncare retirement contract with the operator;\\n h. the amount of any non-refundable priority reservation agreement\\napplication fee;\\n i. a notice in bold twelve point type that the cancelable priority\\nreservation agreement does not obligate the person entering into the\\nagreement in any way; that there is no guarantee by the operator that\\nthe current fees set forth in the agreement will not change; that the\\nperson paying the priority reservation fee may receive a refund of the\\nfee plus interest accrued at prevailing rates upon request; and that he\\nor she shall be entitled on a priority basis to apply the priority\\nreservation fee to an actual entrance fee or entrance fee deposit on a\\nunit not already under contract;\\n j. the signature of the person paying the fee and the signature of the\\noperator or the operator's agent; and\\n k. a statement that the effective period of the agreement shall not\\nexceed the duration of the commissioner's authorization.\\n 6. a. In order to approve an application under this section, the\\ncommissioner shall have determined that:\\n (i) the operator has satisfied the requirements of this section and\\nany applicable regulations; and\\n (ii) the operator can be expected to meet its obligations in\\naccordance with this section and in accordance with its priority\\nreservation agreements with prospective residents.\\n b. If the commissioner approves an application, the commissioner shall\\nissue a written authorization to the operator authorizing the operator\\nto enter into cancelable priority reservation agreements and collect\\nrefundable priority reservation fees from prospective residents\\nconcerning the continuing care retirement community.\\n c. The commissioner's authorization shall remain in effect as long as\\nthe operator's certificate of authority for its community remains in\\neffect; provided that the commissioner may rescind the authorization at\\nany time for just cause, including any material misstatement of fact or\\nmisrepresentation in any of the application materials or any materials\\nsubsequently disseminated.\\n d. The operator shall provide written notice to all parties who have\\nentered into cancelable priority reservation agreements of the\\ncommissioner's recision of authorization to enter into cancelable\\npriority reservation agreements.\\n e. The commissioner shall provide written notice to the escrow agent\\nof the commissioner's recision of authorization to enter into cancelable\\npriority reservation agreements, including instructions to release funds\\nheld in escrow to the persons who have paid refundable priority\\nreservation fees.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4623", "title" : "Long term care insurance and continuing care retirement contracts or continuing care at home contracts", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-01-02", "2015-03-20", "2015-04-10", "2025-12-26", "2026-02-27" ], "docLevelId" : "4623", "activeDate" : "2015-04-10", "sequenceNo" : 1821, "repealedDate" : null, "fromSection" : "4623", "toSection" : "4623", "text" : " § 4623. Long term care insurance and continuing care retirement\\ncontracts or continuing care at home contracts. 1. The council may\\napprove an application for a certificate of authority and the\\ncommissioner may issue a certificate of authority for the establishment\\nand operation of a continuing care retirement community under an\\narrangement which otherwise complies with the requirements of this\\narticle except that the costs of nursing facility or home health care\\nservices are paid for in whole or in part by (a) long term care\\ninsurance obtained and paid for by the resident or by medical assistance\\npayments in accordance with the partnership for long term care program\\npursuant to section three hundred sixty-seven-f of the social services\\nlaw and section three thousand two hundred twenty-nine of the insurance\\nlaw or (b) other group or individual long term care insurance approved\\nby the superintendent and the council in connection with the\\napplication. The council, in consultation with the superintendent, shall\\nprovide for adequate disclosure to residents of their options, rights\\nand obligations under such an arrangement, and shall establish standards\\nfor the remittance and collection of premiums and monthly care fees.\\n 2. With regard to nursing facility or home health care services which\\nare part of the continuing care retirement contract or continuing care\\nat home contract, any elimination or waiting periods and any\\ndeductibles, copayments, or other amounts not paid for by such long term\\ncare insurance or medical assistance payments shall be the\\nresponsibility of the continuing care retirement community. The resident\\nshall not be liable to pay any such amounts.\\n 3. The continuing care retirement community operator shall not require\\nthat long term care insurance be purchased from a specified insurer or\\ngroup of insurers and the operator shall not, without the approval of\\nthe council and the approval of the superintendent, specify a minimum\\nacceptable benefit level different from that established under the\\npartnership for long term care program.\\n 4. Entrance fees and monthly care fees shall reflect that the cost of\\na resident's nursing facility and home health care services are or will\\nbe paid for in whole or in part in accordance with (a) the partnership\\nfor long term care program or (b) other group or individual long term\\ncare insurance approved by the superintendent and the council in\\nconnection with the application.\\n 5. a. If a resident fails to maintain minimum long term care insurance\\ncoverage in accordance with this section, the continuing care retirement\\ncommunity operator shall purchase, if possible, such coverage on behalf\\nof and at the expense of the resident and may require an appropriate\\nadjustment in payments by the resident to the operator.\\n b. If the continuing care retirement community operator cannot\\npurchase long term care insurance coverage under paragraph a of this\\nsubdivision, the operator may require an adjustment in the resident's\\nmonthly fees, subject to the approval of the superintendent, to fund the\\nadditional risk to the facility.\\n c. If the resident fails to maintain long term care insurance coverage\\nin accordance with this section and the community operator has not\\npurchased such coverage, the operator shall be responsible for any\\nexpenses which would have been covered under the long term care\\ninsurance policy which the resident failed to maintain. The operator may\\nadd the amount of such expenses to the resident's monthly fees.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4624", "title" : "Continuing care retirement communities making assurances regarding long term care", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4624", "activeDate" : "2014-09-22", "sequenceNo" : 1822, "repealedDate" : null, "fromSection" : "4624", "toSection" : "4624", "text" : " § 4624. Continuing care retirement communities making assurances\\nregarding long term care. 1. Nothing in this article shall obligate a\\ncontinuing care retirement community to offer life care contracts;\\nprovided, however, that only continuing care retirement communities\\nwhich offer life care contracts or which comply with the requirements\\nset forth in subdivision two of this section shall be eligible for the\\nfollowing:\\n a. An exemption from a public need determination and establishment\\napproval regarding an on-site or affiliated residential health care\\nfacility in accordance with subdivision five of section forty-six\\nhundred four of this article; and\\n b. Industrial development agency financing in accordance with section\\nforty-six hundred four-a of this article; or\\n c. Financing by any public benefit corporation authorized to make\\nloans to continuing care retirement communities under the laws of this\\nstate.\\n 2. A continuing care retirement community not exclusively offering\\nlife care contracts but desiring eligibility for an exemption from a\\npublic need determination and establishment approval and/or for\\nindustrial development agency financing or financing by any public\\nbenefit corporation authorized to make loans to continuing care\\nretirement communities under the laws of this state must assure that all\\nresidents and prospective residents have the ability to fund the\\nestimated cost of nursing facility services for a period of one year.\\nSuch assurances may be demonstrated through the terms of the continuing\\ncare contract, resident assets, resident income, long term care\\ninsurance or refund of all, or a portion of, the entrance fee and shall\\nbe in accordance with regulations adopted by the council. The community\\nmust pay for such care in the event that resident assets are\\ninsufficient to fund the cost of nursing facility care for a one year\\nperiod.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 30 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A46-A", "title" : "Fee-for-service Continuing Care Retirement Communities Demonstration Program", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22", "2022-12-02", "2025-08-29" ], "docLevelId" : "46-A", "activeDate" : "2014-09-22", "sequenceNo" : 1823, "repealedDate" : null, "fromSection" : "4650", "toSection" : "4676", "text" : " ARTICLE 46-A\\n FEE-FOR-SERVICE CONTINUING CARE\\n RETIREMENT COMMUNITIES DEMONSTRATION PROGRAM\\nSection 4650. Short title.\\n 4651. Definitions.\\n 4652. Commissioner; powers and duties.\\n 4653. Continuing care retirement community council; powers and\\n duties.\\n 4654. Authorization of fee-for-service continuing care\\n retirement communities.\\n 4655. Certificate of authority required; application and\\n approval.\\n 4656. Certificate of authority; authority of operator.\\n 4657. Initial disclosure statement.\\n 4658. Annual statement.\\n 4659. Fee-for-service continuing care contract.\\n 4660. Withdrawal, death or dismissal of person; refund.\\n 4661. Consumer safeguards.\\n 4662. Entrance fee escrow account.\\n 4663. Release of escrowed funds to the operator.\\n 4664. Asset reserves.\\n 4665. Residents' organizations.\\n 4666. Advertisements.\\n 4667. Audits.\\n 4668. Revocation, suspension or annulment of certificate of\\n authority.\\n 4669. Appointment of a caretaker.\\n 4670. Receiverships.\\n 4671. Civil action.\\n 4672. Criminal penalties.\\n 4673. Separability.\\n 4674. Priority reservation agreements; prior to obtaining a\\n certificate of authority.\\n 4675. Priority reservation agreements; after obtaining a\\n certificate of authority.\\n 4676. Industrial development agency financing.\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4650", "title" : "Short title", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4650", "activeDate" : "2014-09-22", "sequenceNo" : 1824, "repealedDate" : null, "fromSection" : "4650", "toSection" : "4650", "text" : " * § 4650. Short title. This article shall be known and may be cited as\\nthe \"Fee-for-service continuing care retirement community act\".\\n * NB There are 2 § 4650's\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4651", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2025-12-26" ], "docLevelId" : "4651", "activeDate" : "2014-09-22", "sequenceNo" : 1825, "repealedDate" : null, "fromSection" : "4651", "toSection" : "4651", "text" : " * § 4651. Definitions. As used in this article:\\n 2. \"Certificates\" or \"certificate of authority\" shall mean an\\nauthorization in writing, approved by the council and issued by the\\ncommissioner, for an operator to operate a fee-for-service continuing\\ncare retirement community and to enter into fee-for-service continuing\\ncare contracts pertaining to such community.\\n 3. \"Community\" shall mean a fee-for-service continuing care retirement\\ncommunity established pursuant to this article.\\n 4. \"Control\", \"controlling\", \"controlled by\", and \"under common\\ncontrol with\" shall mean the possession, directly or indirectly, of the\\npower to direct or cause the direction of the management and policies of\\na person, whether through the ownership of voting securities or voting\\nrights, by contract (except a commercial contract for goods or\\nnon-management services) or otherwise; but no person shall be deemed to\\ncontrol another person solely by reason of his or her being an officer\\nor director of such other person. Control shall be presumed to exist if\\nany person directly or indirectly owns, controls or holds with the power\\nto vote ten percent or more of the voting securities or voting rights of\\nany other person or is a corporate member of the legal entity.\\n 5. \"Council\" shall mean the continuing care retirement community\\ncouncil, established pursuant to section forty-six hundred two of this\\nchapter.\\n 6. \"Entrance fee\" shall mean an initial or deferred transfer to an\\noperator of a sum of money, made or promised to be made by a person or\\npersons entering into a fee-for-service continuing care contract, for\\nthe purpose of ensuring services pursuant to such a contract.\\n 7. \"Facility\" shall mean any place in which an operator undertakes to\\nprovide a resident with the services of a fee-for-service continuing\\ncare retirement community, pursuant to a contract, whether such place is\\nconstructed, owned, leased, rented or otherwise contracted for by the\\noperator.\\n 8. a. \"Fee-for-service continuing care retirement community\" shall\\nmean a facility or facilities established pursuant to this article to\\nprovide a comprehensive, cohesive living arrangement for the elderly,\\noriented to the enhancement of the quality of life, pursuant to the\\nterms of the fee-for-service continuing care contract on a\\nfee-for-service schedule. Such facility, at a minimum, shall provide\\naccess to on-site geriatric services, including, but not limited to,\\nnursing facility services, services provided by an adult care facility,\\nhome health services, a meal plan, social services and independent\\nliving units.\\n b. \"On-site\" shall mean that, unless the context clearly requires\\notherwise, the services specified in paragraph a of this subdivision be\\nprovided at the facility.\\n 9. \"Fee-for-service continuing care contract\" shall mean a single\\ncontinuing care retirement contract that provides long-term care and\\nother services on a per diem, fee-for-service or other agreed upon rate.\\n 10. \"Living unit\" shall mean an apartment, room, cottage or other area\\nwithin a community set aside for the exclusive use of one or more\\nresidents.\\n 11. \"Meal plan\" shall mean an arrangement whereby the person entering\\ninto a fee-for-service continuing care contract is provided with no\\nfewer than five meals per month. Additional meals shall be available on\\na fee-for-service basis.\\n 12. \"Monthly care fee\" shall mean the monthly cost to a resident for\\nprepayment of any services, including rent, rendered pursuant to a\\ncontract, exclusive of entrance fees or other prepayments, and any other\\nregular periodic charges to the resident, determined on a monthly basis,\\npursuant to the provisions of a contract.\\n 13. \"Operator\" shall mean a legal entity operating a fee-for-service\\ncontinuing care retirement community pursuant to a certificate of\\nauthority, as granted pursuant to section forty-six hundred fifty-six of\\nthis article.\\n 14. \"Priority reservation agreement\" shall mean a cancelable agreement\\nbetween a prospective fee-for-service continuing care retirement\\ncommunity applicant, an applicant for a certificate of authority or an\\noperator and a prospective resident, for the purpose of evaluating\\nmarket demand for a proposed fee-for-service continuing care retirement\\ncommunity and for the purpose of guaranteeing to prospective residents\\nan opportunity for priority placement in a fee-for-service continuing\\ncare retirement community, under which the prospective resident will pay\\na refundable priority reservation fee. A priority reservation agreement\\nshall not be deemed to be a fee-for-service continuing care contract.\\n 15. \"Priority reservation fee\" shall mean the refundable sum of money\\npaid by a prospective resident for deposit with the escrow agent for a\\nprospective fee-for-service continuing care retirement community\\napplicant, an applicant for a certificate of authority or an operator\\npursuant to a priority reservation agreement.\\n 17. \"Resident\" shall mean any person who, pursuant to a contract, is\\nentitled to reside in and receive services from a fee-for-service\\ncontinuing care retirement community.\\n 18. \"Social services\" shall mean those services which may include, but\\nare not limited to counseling, case management, and information and\\nreferral.\\n * NB There are 2 § 4651's\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4652", "title" : "Commissioner; powers and duties", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4652", "activeDate" : "2014-09-22", "sequenceNo" : 1826, "repealedDate" : null, "fromSection" : "4652", "toSection" : "4652", "text" : " * § 4652. Commissioner; powers and duties. For the purposes of this\\narticle, the commissioner shall have all the powers and duties delegated\\nto him or her pursuant to section forty-six hundred three of this\\nchapter.\\n * NB There are 2 § 4652's\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4653", "title" : "Continuing care retirement community council; powers and duties", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4653", "activeDate" : "2014-09-22", "sequenceNo" : 1827, "repealedDate" : null, "fromSection" : "4653", "toSection" : "4653", "text" : " * § 4653. Continuing care retirement community council; powers and\\nduties. For the purposes of this article, the council shall have all the\\npowers and duties delegated to its members pursuant to section forty-six\\nhundred two of this chapter; provided, however, that any references in\\nsuch section to provisions of article forty-six of this chapter shall be\\ndeemed to be references to the corresponding provisions of this article.\\n * NB There are 2 § 4653's\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4654", "title" : "Authorization of fee-for-service continuing care retirement communities", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2025-12-26" ], "docLevelId" : "4654", "activeDate" : "2014-09-22", "sequenceNo" : 1828, "repealedDate" : null, "fromSection" : "4654", "toSection" : "4654", "text" : " * § 4654. Authorization of fee-for-service continuing care retirement\\ncommunities. The commissioner, upon approval of the continuing care\\nretirement community council, shall approve up to eight fee-for-service\\ncontinuing care retirement communities to encourage affordable care\\noptions for middle income seniors, up to two of which may be operated by\\na for-profit entity.\\n * NB There are 2 § 4654's\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4655", "title" : "Certificate of authority required; application and approval", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2025-12-26", "2026-02-27" ], "docLevelId" : "4655", "activeDate" : "2014-09-22", "sequenceNo" : 1829, "repealedDate" : null, "fromSection" : "4655", "toSection" : "4655", "text" : " * § 4655. Certificate of authority required; application and approval.\\n1. No person shall construct, expand, acquire, maintain, or operate a\\nfee-for-service continuing care retirement community, or enter into a\\ncontract as an operator, or solicit the execution of any contract for\\nfee-for-service continuing care retirement community services to be\\nprovided within the state or advertise itself or otherwise hold itself\\nas a \"fee-for-service continuing care retirement community\", without\\nobtaining a certificate of authority pursuant to this article; provided,\\nhowever, nothing in this subdivision shall prohibit a person, authorized\\npursuant to section forty-six hundred seventy-four or forty-six hundred\\nseventy-five of this article, from entering into priority reservation\\nagreements, soliciting, collecting or receiving priority reservation\\nfees, or constructing and maintaining sales offices and model units with\\nrespect to a proposed fee-for-service continuing care retirement\\ncommunity. Such facility shall obtain approval to utilize residential\\nhealth care facility beds authorized under subdivision five of section\\nforty-six hundred four of this chapter and/or shall meet such other\\nconditions for acquisition of the residential health care facility beds\\nas the commissioner may determine.\\n 2. In order to receive a certificate of authority to enter into\\ncontracts with respect to a particular community, a person or persons,\\nhereinafter designated as the applicant, shall apply for a certificate\\nof authority on forms prescribed by the commissioner and, in addition,\\nshall submit the following:\\n a. a feasibility study, including a market analysis describing the\\ncharacteristics of the population to be served;\\n b. an initial disclosure statement as provided pursuant to section\\nforty-six hundred fifty-seven of this article;\\n c. a copy of the proposed forms of contracts to be entered into with\\nresidents of the community;\\n d. complete details of any agreements with a licensed insurer,\\nincluding copies of proposed contracts, requiring the insurer to assume,\\nwholly or in part, the cost of medical or health related services to be\\nprovided to a resident pursuant to a fee-for-service continuing care\\ncontract;\\n e. a copy of each of the basic organizational documents and agreements\\nof the applicant of all participating entities;\\n f. a copy of the bylaws, rules and regulations, and internal governing\\ndocuments of the applicant;\\n g. architectural program and sketches for the community;\\n h. the proposed community plan, including the number of independent\\nliving units, skilled nursing facility beds, adult care facility beds,\\nif any, and a description of other social and health services provided\\nby the community;\\n i. copies of such financial and personal disclosure information as\\nrequired by the council for the applicant and members of the board,\\nofficers, and controlling persons of the proposed fee-for-service\\ncontinuing care retirement community, including:\\n (i) information necessary for the determination by the council of\\ncharacter, competence and experience, where information adequate to make\\nsuch determinations is not otherwise available to the council,\\n (ii) a list of continuing care retirement communities, fee-for-service\\ncontinuing care retirement communities, adult care facilities and health\\ncare facilities owned or operated by the applicant, by any controlling\\npersons of the applicant, or by entities with which the members of the\\napplicant's board are affiliated; the address of each such facility; and\\nthe dates of ownership or operation of each such facility,\\n (iii) in the event that any such community or facility specified in\\nthis subdivision, while under the control or operation of the applicant,\\nor any controlling person, has been subjected to a limitation,\\nwithdrawal, or refusal to grant accreditation by a recognized\\naccreditation organization, because of failure to comply with standards\\ngoverning the conduct and operation of the facility, information that\\ndescribes the nature of the violation, the agency or body enforcing the\\nstandard (including its name and address), the steps taken by the\\nfacility to remedy the violation, and an indication of whether any\\naccreditation has since been restored, and\\n (iv) a statement as to whether the applicant or any of its officers,\\ndirectors, partners, managers or a principal, parent or subsidiary\\ncorporation:\\n (A) has been convicted of a crime or pleaded nolo contendre to a\\nfelony charge, or been held liable or enjoined in a civil action by\\nfinal judgement if the criminal or civil action involved fraud,\\nembezzlement, fraudulent conversion, or misappropriation of property,\\n (B) had a prior discharge in bankruptcy or was found insolvent in any\\ncourt action, or\\n (C) is or was subject to a currently effective injunctive or\\nrestrictive order or federal or state administrative order relating to\\nbusiness activity or health care as a result of an action brought by a\\npublic agency or department, including, without limitation, actions\\naffecting a license to operate a hospital as defined by section\\ntwenty-eight hundred one of this chapter, or a facility required to be\\nlicensed or certified by the department. The statement shall set forth\\nthe court or agency, date of conviction or judgement, the penalty\\nimposed or damages assessed, or the date, nature and issuer of the\\norder;\\n j. information which describes the populations to be served; and\\n k. any other information as may be required by regulations adopted\\npursuant to this article.\\n 3. Nothing in this article shall be construed to enlarge, diminish or\\nmodify: a social services district's otherwise valid recovery under\\nsection three hundred sixty-nine of the social services law, nor medical\\nassistance eligibility under title eleven of article five of the social\\nservices law, nor applicable provisions of the estates, powers and\\ntrusts law. Except as otherwise provided in this article, the activities\\nof fee-for-service continuing care retirement communities shall be\\nsubject to any other law governing such activities including but not\\nlimited to article twenty-eight of this chapter and article seven of the\\nsocial services law and regulations promulgated thereunder; provided,\\nhowever, that the provisions of paragraphs (d) and (e) of subdivision\\nfour of section twenty-eight hundred one-a and section twenty-eight\\nhundred two of this chapter shall not apply, and provided that the\\nprovisions of paragraph (a) of subdivision one and the provisions of\\nsubdivision two of section four hundred sixty-one-b of the social\\nservices law with respect to public need and the provisions of\\nsubdivision one of section four hundred sixty-one-c of the social\\nservices law shall not apply to residents who have been admitted in\\naccordance with a fee-for-service continuing care contract provided\\nthat, upon admission to the adult care facility, such residents shall be\\ngiven a notice which shall include, at a minimum, information regarding\\nfacility services, resident responsibilities, supplemental services,\\nresident rights and protections and circumstances that warrant transfer.\\nThe number of residential health care facility beds available pursuant\\nto subdivision four of this section, without proof of public need\\ntherefor, shall be reduced by the number of residential health care\\ndemonstration facility beds that are approved pursuant to this article.\\n 4. Up to three hundred fifty residential health care facility beds, as\\nauthorized in article forty-six of this chapter, that may be approved as\\ncomponents of fee-for-service continuing care retirement communities\\nshall not be considered by the department and the health systems\\nagencies in the determination of public need for residential health care\\nfacility services.\\n 4-a. No certificate of authority shall be issued unless an application\\nmeeting the requirements of this section and all other requirements\\nestablished by law has been approved by:\\n a. the commissioner as to the financial feasibility of the facility\\nand the form and content of the proposed contracts to be entered into\\nwith residents;\\n b. the commissioner as to those aspects of the application relating to\\nadult care facility beds, if any;\\n c. the public health council under section twenty-eight hundred one-a\\nof this chapter as to the establishment of a skilled nursing facility by\\nthe applicant and as to such other facilities and services as may\\nrequire the public health council's approval of the application;\\nprovided, however, that the recommendations of the state hospital review\\nand planning council and the health systems agency having geographical\\njurisdiction of the area where the fee-for-service continuing care\\nretirement community is located shall not be required with respect to\\nthe establishment of an on-site or affiliated residential health care\\nfacility to serve residents as part of the fee-for-service continuing\\ncare retirement community, for up to the total number of residential\\nhealth care facility beds provided for in subdivision four of this\\nsection in communities statewide;\\n d. the commissioner under section twenty-eight hundred two of this\\nchapter; provided, however, that, the recommendations of the state\\nhospital review and planning council and the health systems agency\\nhaving geographical jurisdiction of the area where the fee-for-service\\ncontinuing care retirement community is located shall not be required\\nwith respect to the construction of an on-site or affiliated residential\\nhealth care facility to serve residents as part of the fee-for-service\\ncontinuing care retirement community, for up to the total number of\\nresidential health care facility beds provided for in subdivision four\\nof this section in communities statewide; and\\n e. the attorney general as to those aspects of the application\\nrelating to a cooperative, condominium or other equity arrangement for\\nthe independent living unit, if any.\\n 4-b. The applicant shall agree to notify the commissioner at least\\nsixty days in advance of any change in the rates to be charged to a\\nresident by the operator for any entrance fee, monthly care fee and/or\\nany separate charges for the housing component including, but not\\nlimited to, cooperative or condominium fees.\\n 5. If the approvals required by subdivision four-a of this section\\nhave been obtained, the council shall, by majority vote, either approve\\nor reject the application within sixty days of the date on which the\\nlast such approval has been obtained. In order to approve the\\napplication, the council shall have determined that:\\n a. the proposed fee-for-service continuing care retirement community\\nwill meet a need and will fulfill the purposes of this article;\\n b. the applicant has satisfied the requirements of this article;\\n c. the applicant has demonstrated to the satisfaction of the council\\nthat the applicant and members of the board, officers, and controlling\\npersons of the applicant, are of such character, experience, competence\\nand standing in the community as to give reasonable assurance of their\\nability to conduct the affairs of the proposed fee-for-service\\ncontinuing care retirement community in the best interest of the\\ncommunity and in the public interest, and to provide proper care to\\nresidents. In the case of an applicant that is controlled, the council\\nmust be satisfied that the controlling person has also acted in a manner\\nthat is consistent with the public interest;\\n d. the applicant has otherwise demonstrated the capability to\\norganize, market, manage, promote and operate the community and can be\\nexpected to meet its obligations in accordance with this article and in\\naccordance with its contracts with residents;\\n e. the applicant has demonstrated that the total number of beds for\\nthe nursing facility component and the adult care facility bears a\\nreasonable relation to the number of independent living units proposed\\nfor such community; and\\n f. with respect to communities which include a residential health care\\nfacility which does not require establishment approval under section\\ntwenty-eight hundred one-a of this chapter, the applicant has sufficient\\nfinancial resources and sources of future revenues for the operation of\\nthe residential health care facility component.\\n 6. Any change in the legal entity operating the fee-for-service\\ncontinuing care retirement community, or in a controlling person of the\\ncommunity shall require approval in the same manner as an original\\napplication; provided, however, that the council may waive any\\nrequirement to provide information that is not relevant to such change\\nand provided, further, that the continued public need for the community\\nshall be presumed.\\n 7. The operator shall designate and make knowledgeable personnel\\navailable to prospective residents to answer questions about any\\ninformation contained in the disclosure statement or contract. The\\ndisclosure statement and the contract shall each state on the cover or\\ntop of the first page in bold twelve point print the following \"This\\nmatter involves a substantial financial investment and a legally binding\\ncontract. In evaluating the disclosure statement and the contract prior\\nto any commitment, it is recommended that you consult with an attorney\\nand financial advisor of your choice, if you so elect, who can review\\nthese documents with you.\"\\n 8. If the council approves the application, the commissioner shall\\nissue a certificate of authority to the applicant.\\n * NB There are 2 § 4655's\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4656", "title" : "Certificate of authority; authority of operator", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4656", "activeDate" : "2014-09-22", "sequenceNo" : 1830, "repealedDate" : null, "fromSection" : "4656", "toSection" : "4656", "text" : " * § 4656. Certificate of authority; authority of operator. 1. A\\ncertificate of authority shall authorize an operator:\\n a. to operate a fee-for-service continuing care retirement community\\nand to enter into contracts pertaining to such community;\\n b. to prepare and make public information that details the terms of\\nany contract relating to a community;\\n c. to advertise the community and the related services that will be\\nprovided pursuant to this article; and\\n d. to offer and execute contracts, including the collection of\\nentrance fees and deposits pursuant to sections forty-six hundred\\nfifty-nine, forty-six hundred seventy-four and forty-six hundred\\nseventy-five of this article.\\n 2. a. The commissioner, in consultation with the council, may\\nauthorize an operator of a community with an on-site or affiliated\\nresidential health care facility to provide, for a limited period,\\nresidential health care facility services to persons, who are not\\nresidents of the community, provided, however, that the operator shall\\nnot discriminate in the admission, retention or care of any such person\\nbecause such person is or will be eligible for, or receives or will\\nreceive, medical assistance benefits pursuant to title eleven of article\\nfive of the social services law.\\n b. The commissioner, in consultation with the council, may authorize\\nan operator of a community with an on-site or affiliated adult care\\nfacility to provide, for a limited period, adult care facility services\\nto persons, who are not residents of the community, provided, however,\\nthat the operator shall not discriminate in the admission, retention or\\ncare of any such person because such person is or will be eligible for,\\nor receives or will receive, medical assistance benefits pursuant to\\ntitle eleven of article five of the social services law or supplemental\\nsecurity income benefits pursuant to title sixteen of the federal social\\nsecurity act and any additional state payments made under title six of\\narticle five of the social services law.\\n * NB There are 2 § 4656's\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4657", "title" : "Initial disclosure statement", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2025-12-26" ], "docLevelId" : "4657", "activeDate" : "2014-09-22", "sequenceNo" : 1831, "repealedDate" : null, "fromSection" : "4657", "toSection" : "4657", "text" : " * § 4657. Initial disclosure statement. Prior to the execution of a\\ncontract, or before the transfer of any money, other than a refundable\\npriority reservation fee or non-refundable priority reservation\\nagreement application fee, to an operator by or on behalf of a\\nprospective resident, whichever occurs first, the operator shall deliver\\nto the person with whom the contract is to be entered into, or the\\nperson's legal representative, the most recent annual statement as\\nrequired by section forty-six hundred fifty-eight of this article, and\\nan initial disclosure statement which contains the following:\\n 1. The information contained in the contract, unless a copy of such\\ncontract is attached to and made a part of the initial disclosure\\nstatement, together with full disclosure of the use of any fees and\\ncharges in connection with the contract, including entrance fees;\\n 2. The information required in paragraph h and subparagraphs (ii),\\n(iii) and (iv) of paragraph i of subdivision two of section forty-six\\nhundred fifty-five of this article;\\n 3. The name and business address of the provider and a statement of\\nwhether the provider is an individual, partnership, corporation, or\\nother legal entity;\\n 4. The name and address of any person whose name is required to be\\nprovided pursuant to subdivisions two and three of this section and any\\nprofessional service, firm, association, foundation, trust, partnership,\\ncorporation, or any other business or legal entity in which such person\\nhas, or which has in such person, a ten percent or greater interest and\\nwhich it is presently intended will or may provide goods, leases, or\\nservices to the provider of a value of five hundred dollars or more,\\nwithin any year, including a description of the goods, leases or\\nservices and the probable or anticipated cost thereof to the provider;\\n 5. If the facility is to be operated by a manager:\\n a. the identities of any other facilities managed by said individual\\nor entity and a copy of the agreement currently in effect or to be\\nentered into between the provider and the manager for the operation of\\nthe facility;\\n b. if the manager is incorporated or established and operated on a\\nfor-profit basis, the identity of all individuals or entities holding\\nany ownership or beneficial interest in the manager, and fees or any\\nother compensation anticipated to be paid by the provider to the manager\\nfor the operation of the facility; and\\n c. the method by which the manager was chosen to manage the facility\\nand, if the manager was chosen because of a condition in a mortgage\\ncommitment to the provider, the identity of the mortgagee requiring the\\ncondition in the commitment;\\n 6. A description of the proposed or existing facility, including the\\nlocation, size and anticipated completion date, if not completed;\\n 7. A statement as to whether the applicant was or is affiliated, or\\nhas a contractual relationship, with a religious, charitable, or other\\nnonprofit organization, the extent of any such affiliation or\\ncontractual relationship, and the extent to which the nonprofit\\norganization will be responsible for the financial and contractual\\nobligations of the applicant;\\n 8. If the facility is already in operation or if the applicant\\noperates one or more similar facilities within or outside of this state,\\na statement of the changes in the scope of or the rates for care or\\nservices provided, including tables showing the frequency and average\\ndollar amount of each increase in periodic rates at each such facility\\nfor the previous five years or such shorter period as the facility may\\nhave been operated by the provider;\\n 9. If the applicant is the subsidiary corporation or the affiliate of\\nanother corporation, a statement identifying the parent corporation or\\nthe other affiliate corporation, the primary activities of such parent,\\nor other affiliate corporation, the interest in the applicant held by\\nsuch parent or other affiliate corporation, and the extent to which the\\nparent corporation will be responsible for the financial and contractual\\nobligations of the subsidiary;\\n 10. The most recent financial statement of the provider prepared in\\naccordance with generally accepted accounting principles applied on a\\nconsistent basis and certified by an independent certified or public\\naccountant, including a balance sheet as of the end of the provider's\\nlast fiscal year and income statements for the last two fiscal years, or\\nsuch shorter period of time as the provider has been in operation;\\n 11. If construction, lease, rental, or purchase of the facility has\\nnot yet been completed, a statement of the anticipated source and\\napplication of the funds to be used in such purchase, lease, rental, or\\nconstruction, including but not limited to:\\n a. an estimate of the cost of purchasing, leasing, renting,\\nconstructing and equipping the facility, including, but not limited to,\\nsuch related costs as financing expenses, legal expenses, land costs,\\noccupancy development costs, and all other similar costs that the\\nprovider expects to incur or become obligated for prior to the\\ncommencement of occupancy;\\n b. an estimate of the total entrance fees to be received from\\nresidents upon completion of occupancy;\\n c. a description of any mortgage loan or the other long-term financing\\nintended to be used for the financing of the facility, including the\\nanticipated terms and costs of such financing;\\n d. an estimate of any funds which are anticipated to be necessary to\\nfund start-up losses and to assure full performance of the obligations\\nof the operator pursuant to fee-for-service continuing care contracts\\nincluding, but not limited to, any reserves required pursuant to section\\nforty-six hundred sixty-four of this article;\\n e. a projection of estimated income from fees and charges other than\\nentrance fees, a description of individual rates anticipated to be\\ncharged, and the assumptions used for calculating the estimated\\noccupancy rate of the facility;\\n f. a projection of estimated operating expenses of the facility,\\nincluding a description of the assumptions used in calculating the\\nexpenses and separate allowances, if any, the replacement of equipment\\nand furnishings and any anticipated major structural repairs or\\nadditions;\\n g. identification of assets pledged as collateral for any purpose; and\\n h. an estimate of assets pledged as collateral for any purpose;\\n 12. A statement indicating community residents who are enrolled in a\\nhealth maintenance organization may have nursing facility benefits under\\nboth the health maintenance organization subscriber contract and the\\nfee-for-service continuing care contract. Such statement shall also\\nindicate that if the health maintenance organization and the community\\ncannot reach an agreement on appropriate financial arrangements, then\\nthe resident may have to be admitted to a facility approved by the\\nhealth maintenance organization in order to receive their Medicare\\nbenefit for nursing facility services under the health maintenance\\norganization subscriber contract;\\n 13. The initial disclosure statement and marketing materials of a\\ncommunity must clearly include a description of the services offered as\\npart of its contract, and must clearly differentiate among the various\\ntypes of contracts which it offers;\\n 14. In accordance with regulations promulgated by the council, the\\noperator shall prepare a standard information sheet for each approved\\nfee-for-service continuing care retirement community, which must be\\napproved by the department, distributed with the community's marketing\\nmaterials and attached to the initial disclosure statement prepared in\\naccordance with this section. The standard information sheet shall be\\nprepared in plain language and in twelve point type and shall include,\\nbut shall not be limited to the following information:\\n a. a brief description of the community, including its name and\\nlocation and amenities and services available;\\n b. the name, address, and telephone number of the operator and a\\ncontact person employed by the operator;\\n c. the number and types of independent living units, adult care\\nfacility units and nursing home beds and whether such beds are on-site\\nor off-site;\\n d. the types of contracts available;\\n e. a listing of all fees, charges, and refund options and the services\\ncovered by such fees and charges;\\n f. any insurance coverage required of residents; and\\n g. any other information which the council determines will assist a\\nconsumer in comparing the benefits and costs of different continuing\\ncare retirement communities and fee-for-service continuing care\\nretirement communities; and\\n 15. Any other information as may be required by regulations\\npromulgated by the council.\\n * NB There are 2 § 4657's\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4658", "title" : "Annual statement", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2025-12-26", "2026-02-27" ], "docLevelId" : "4658", "activeDate" : "2014-09-22", "sequenceNo" : 1832, "repealedDate" : null, "fromSection" : "4658", "toSection" : "4658", "text" : " * § 4658. Annual statement. 1. Within four months of close of an\\noperator's fiscal year, unless an extension of time to file has been\\ngranted, the operator shall file an annual statement with the\\ncommissioner showing the condition as of the last day of the preceding\\ncalendar or fiscal year. If the commissioner does not receive the annual\\nstatement within four months of the end of the operator's fiscal year or\\nhas not granted an extension of time to file, the council may charge a\\nlate fee.\\n 2. The annual statement shall be in such form as the council\\nprescribes and shall contain at least the following:\\n a. Any change in status with respect to the information required to be\\nsubmitted pursuant to section forty-six hundred fifty-seven of this\\narticle;\\n b. Financial statements audited by an independent certified public\\naccountant, which shall contain, for two or more periods if the\\ncommunity has been in existence that long, the following:\\n (i) notes to the financial statements considered customary or\\nnecessary to ensure full disclosure of the financial statements,\\nfinancial condition, and operation; and\\n (ii) an accountant's opinion and, in accordance with generally\\naccepted accounting principles: (A) a balance sheet, (B) a statement of\\nincome and expenses, (C) a statement of equity or fund balances, and (D)\\na statement of changes in financial position;\\n c. A detailed listing of the assets maintained for the reserves; and\\n d. Such other reasonable financial and other information as the\\ncouncil may require with respect to the operator or the community, or\\nits directors, controlling persons, trustees, members, branches,\\nsubsidiaries or affiliates to determine the financial status of the\\ncommunity and the management capabilities of the operator.\\n 3. Sixty days before commencement of each calendar or fiscal year or\\nofficial opening date, whichever is applicable, each operator shall file\\nwith the commissioner a computation of the annual long-term debt service\\nand a projected annual revenue and expense summary for the next ten\\nyears.\\n * NB There are 2 § 4658's\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4659", "title" : "Fee-for-service continuing care contract", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2025-12-26" ], "docLevelId" : "4659", "activeDate" : "2014-09-22", "sequenceNo" : 1833, "repealedDate" : null, "fromSection" : "4659", "toSection" : "4659", "text" : " * § 4659. Fee-for-service continuing care contract. A fee-for-service\\ncontinuing care contract shall contain all of the following information\\nin no less than twelve point type and in plain language, in addition to\\nany other terms or matter as may be required by regulations adopted by\\nthe council and issued by the commissioner:\\n 1. The amount of all money transferred, including, but not limited to,\\ndonations, subscriptions, deposits, fees, and any other amounts paid or\\npayable by, or on behalf of, the resident or residents;\\n 2. A description of all services which are to be furnished by the\\noperator, a description of any fees in addition to the entrance fee and\\nperiodic charges provided for in the contract, and the conditions under\\nwhich the fees may be adjusted, provided that an operator shall not\\ncharge any non-refundable application fee to a prospective resident who\\nhas paid a non-refundable priority reservation agreement application\\nfee;\\n 3. The procedures of the community relating to a resident's failure to\\npay the required monthly fees;\\n 4. A statement of the figures and terms concerning the entry of a\\nspouse to the community and the consequences if the spouse does not meet\\nthe requirements for entry;\\n 5. A statement of the terms and conditions under which a contract may\\nbe canceled by the operator or by a resident and the conditions under\\nwhich all or any portion of the entrance fee will be refunded by the\\noperator, including the mandatory refund provisions set forth in\\nsections forty-six hundred sixty and forty-six hundred sixty-two of this\\narticle;\\n 6. The procedures and conditions under which a resident may be\\ntransferred from his or her living unit including a statement that, at\\nthe time of transfer, the resident will be given the reasons for the\\ntransfer; the process by which a transfer decision is made; the persons\\nwith the authority to make the decision to transfer; a description of\\nany change in charges to be paid by the resident for services not\\ncovered by the contract fees as a result of the transfer; and a\\nstatement regarding the disposition of and the right to return to the\\nliving unit in cases of temporary and permanent transfers;\\n 7. A statement that, if the resident dies prior to occupancy date or,\\nthrough illness, injury or incapacity is precluded from becoming a\\nresident under the terms of the contract, the contract is automatically\\nrescinded and the resident or his or her legal representative shall\\nreceive a full refund of all moneys paid to the facility, except for\\nthose costs specifically incurred by the facility at the request of the\\nresident and set forth in writing in a separate addendum, signed by the\\nparties to the contract;\\n 8. A statement of the conditions under which all or any portion of the\\nentrance fee will be released to the operator before the living unit\\nbecomes available for occupancy, and a statement of the conditions under\\nwhich all or any portion of that fee will be refunded in the event of\\nthe death of the resident and/or spouse following occupancy of a living\\nunit, including the mandatory refund provisions set forth in section\\nforty-six hundred sixty of this article;\\n 9. A statement of the advance notice to be provided the resident, of\\nnot less than sixty days, of any change in fees or charges or scope of\\ncare or services;\\n 10. A statement that no act, agreement, or statement of any resident,\\nor of an individual purchasing care for a resident under any agreement\\nto furnish care to the resident, shall constitute a valid waiver of any\\nprovision of this article or of any regulation enacted pursuant thereto\\nintended for the benefit or protection of the resident or the individual\\npurchasing care for the resident;\\n 11. A description of the reinstatement policies if a resident leaves\\nthe facility or the contract is canceled;\\n 12. A statement that internal procedures to resolve disputes and\\ngrievances have been established, and residents notified of them;\\n 13. A statement of the grace period, if any, for the payment of\\nperiodic fees without a penalty, and the extent of any penalty for the\\nlate payment thereof;\\n 14. A statement that any amendment to the contract and any change in\\nfees or charges, other than those within the guidelines of an approved\\nrating system, must be approved by the commissioner;\\n 15. A statement that property shall not be substituted as payment for\\neither the entrance fee or monthly fee; and\\n 16. A statement whether the fee-for-service continuing care contract\\nincludes any ownership, beneficial or trust interest in the assets of\\nthe operator, the assets of the facility, or both. Assets shall include,\\nbut are not limited to, property, trusts, reserves, interest and other\\nassets.\\n * NB There are 2 § 4659's\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4660", "title" : "Withdrawal, death or dismissal of person; refund", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4660", "activeDate" : "2014-09-22", "sequenceNo" : 1834, "repealedDate" : null, "fromSection" : "4660", "toSection" : "4660", "text" : " * § 4660. Withdrawal, death or dismissal of person; refund. 1. Upon\\nthe giving of written notice of cancellation by certified mail of at\\nleast thirty days, the contract may be canceled by a resident for any\\nreason, or by an operator if the applicant has willfully mismanaged\\nassets needed to pay monthly care fees. A resident shall not be\\ndischarged for inability to pay the monthly fee except where a showing\\nof the willful mismanagement of assets needed to pay monthly care fees\\nhas been made.\\n 2. If the notice required by subdivision one of this section is given\\nwithin the first ninety days of occupancy, the resident shall receive a\\nrefund of not less than the entry fee and any other pre-payments less\\nthe actual cost of any services actually provided and the actual cost of\\nrefurbishing the unit for resale. After the first ninety days of\\noccupancy, any refund shall be not less than the entrance fee, except\\nthat the operator may retain no more than two percent per month of\\noccupancy by the resident of such fee and no more than a four percent\\nfee for processing.\\n 3. Refunds upon death will be made on the same basis as refunds upon\\nwithdrawal.\\n 4. Any refund made pursuant to this section shall be paid no later\\nthan thirty days after the formerly occupied unit has been resold, but\\nin no event later than one year after the formerly occupied unit has\\nbeen vacated.\\n * NB There are 2 § 4660's\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4661", "title" : "Consumer safeguards", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4661", "activeDate" : "2014-09-22", "sequenceNo" : 1835, "repealedDate" : null, "fromSection" : "4661", "toSection" : "4661", "text" : " * § 4661. Consumer safeguards. The applicant shall demonstrate the\\nfinancial feasibility of the facility. The operator shall provide a\\nstatement of the anticipated source and application of the funds used or\\nto be used in the purchase or construction of the facility, including:\\n 1. An estimate of the cost of purchasing or constructing and equipping\\nthe facility, which includes related costs such as financing expenses,\\nlegal expenses, land costs, marketing and development costs and other\\nsimilar cost the provider expects to incur or become obligated for prior\\nto the commencement of operations;\\n 2. A description of any mortgage loan or other long-term financing\\nintended to be used for the financing of the facility and the\\nanticipated terms and costs of financing;\\n 3. An estimate of the total amount of entrance fees to be received\\nfrom or on behalf of residents at or prior to commencement of operation\\nof the facility;\\n 4. An estimate of the funds, if any, which are anticipated to be\\nnecessary to fund start-up losses, and provide reserve funds to assure\\nfull performance of the obligations of the provider under contracts for\\nthe provision of continuing care;\\n 5. A projection of estimated income from fees and charges other than\\nentrance fees, a description of individual rates anticipated to be\\ncharged, the assumptions used for calculating the estimated occupancy\\nrate of the facility and the effect on the income of the facility of\\ngovernment subsidies, if any, for health care services provided pursuant\\nto the contracts for fee-for-service continuing care;\\n 6. A projection of estimated operating expenses of the facility,\\nincluding a description of the assumptions used in calculating the\\nexpenses and separate allowances, if any, the replacement of equipment\\nand furnishings and any anticipated major structural repairs or\\nadditions;\\n 7. Identification of assets pledged as collateral for any purpose;\\n 8. An estimate of annual payments or principal and interest required\\nby any mortgage loan or other long-term financing; and\\n 9. Such other material information concerning the facility or the\\noperator as required by the commissioner or as agreed upon by the\\noperator and the prospective resident.\\n * NB There are 2 § 4661's\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4662", "title" : "Entrance fee escrow account", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4662", "activeDate" : "2014-09-22", "sequenceNo" : 1836, "repealedDate" : null, "fromSection" : "4662", "toSection" : "4662", "text" : " * § 4662. Entrance fee escrow account. As a condition for approval to\\nadvertise and collect refundable entry fees/deposits:\\n 1. The operator shall establish an interest-bearing account with a New\\nYork state bank, New York state savings and loan association, or New\\nYork state trust company for any entrance fees received by the operator,\\nwhich escrow funds shall be subject to release as provided by section\\nforty-six hundred sixty-three of this article.\\n 2. An escrow agreement shall be entered into between the bank, savings\\nand loan association, or trust company and the operator of the\\ncommunity. The agreement shall state that its purpose is to protect the\\nresident or the prospective resident and that, upon presentation of\\nevidence of compliance with applicable portions of this article, or upon\\norder of a court of competent jurisdiction, the escrow agent shall\\nrelease and pay over the funds, or portions thereof, together with any\\ninterest accrued thereon or earned from investment of the funds, to the\\noperator or resident as directed.\\n 3. Checks, drafts and money orders for deposit from prospective\\nresidents shall be made payable to the escrow agent only.\\n 4. All funds deposited in the escrow account shall remain the property\\nof the resident until released to the operator in accordance with\\nsection forty-six hundred sixty-three of this article, and the funds\\nshall not be subject to any liens or charges by the escrow agent or\\njudgments, garnishments, or creditor's claims against the operator or\\ncommunity.\\n 5. At the request of the operator or the commissioner, the escrow\\nagent shall issue a statement indicating the status of the escrow\\naccount.\\n 6. If the funds in an escrow account under this section and any\\ninterest thereon are not released to the operator within such time as\\nprovided by rules and regulations adopted by the council, then such\\nfunds shall be returned by the escrow agent to the persons who had made\\npayment to the operator.\\n 7. An entrance fee held in escrow may be returned by the escrow agent\\nto the person who paid the fee upon receipt by the escrow agent of\\nnotice from the operator that such person is entitled to a refund of the\\nentrance fee.\\n 8. Nothing in this section shall be interpreted as requiring the\\nescrow of any nonrefundable application fee, designated as such in the\\ncontract, received by the operator from a prospective resident.\\n 9. Occupancy of housing or other facilities shall not begin until:\\n a. the operator has executed contracts accompanied by a deposit of at\\nleast ten percent of the entry fee payment for fifty percent of all\\nunits or an approved phase of a community; and\\n b. all permits and approvals necessary for operation of the community,\\nor an approved phase of a community, have been granted except those\\ndepending upon construction; provided, nothing in this subdivision shall\\nprohibit an operator, upon the approval of the council, or an applicant\\nor prospective applicant upon the approval of the commissioner pursuant\\nto section forty-six hundred seventy-four of this article, from\\nconstructing model units and a sales office.\\n 10. Any entry fee deposit required by an operator shall be fully\\nrefundable if the contract is canceled within seventy-two hours of its\\nexecution. In the event of cancellation, the entry fee deposit shall be\\nrefunded within three business days of receipt of cancellation.\\n * NB There are 2 § 4662's\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4663", "title" : "Release of escrowed funds to the operator", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4663", "activeDate" : "2014-09-22", "sequenceNo" : 1837, "repealedDate" : null, "fromSection" : "4663", "toSection" : "4663", "text" : " * § 4663. Release of escrowed funds to the operator. Escrowed funds\\nshall not be released to the operator unless:\\n 1. construction or purchase of the community or an approved phase of a\\ncommunity has been substantially completed, an occupancy permit covering\\nthe living unit has been issued by the local government having authority\\nto issue such permits, and the living unit becomes available for\\noccupancy; or\\n 1-a. the operator has submitted an application to the commissioner, on\\nforms approved by the department, for authorization to use escrowed\\nentrance fees to assist the operator in financing the construction or\\npurchase of a proposed community, and the commissioner, in accordance\\nwith such regulations as may be promulgated by the council, has approved\\nsuch application. The commissioner shall not approve such application\\nunless satisfied that the following conditions have been met:\\n a. the operator has executed contracts accompanied by an entrance fee\\nor entrance fee deposit for at least seventy percent of all proposed\\nliving units or an approved phase of a community;\\n b. the aggregate entrance fees or deposits received or receivable by\\nthe operator pursuant to executed fee for service continuing care\\ncontracts equal at least ten percent of the total of the entrance fees\\ndue at occupancy for at least seventy percent of all proposed living\\nunits or an approved phase of a community;\\n c. the operator has entered into a contract for the construction or\\npurchase of the community which contract has a fixed maximum price and,\\nif a construction contract, the contractor has secured a performance or\\ncompletion bond for the benefit of the operator;\\n d. the operator has received a firm commitment for a permanent\\nmortgage loan or other long term financing and conditions to the\\ncommitment prior to disbursement of funds thereunder, other than\\ncompletion of construction or purchase, are substantially satisfied;\\n e. the total amount of escrowed entrance fees or deposits that may be\\napproved for release under this subdivision shall not exceed fifteen\\npercent of the total costs of acquiring, constructing and equipping the\\nproposed community;\\n f. use of the entrance fees or deposits shall not impair the\\noperator's ability to comply with the requirements of section forty-six\\nhundred sixty-four of this article;\\n g. the operator's executed contracts or amended contracts referred to\\nin paragraph a of this subdivision, and all contracts generating the\\nentrance fees for which release is sought, contain a provision\\nconspicuously disclosing the intended use of entrance fees, and that all\\nrefunds shall be in accordance with the otherwise applicable provisions\\nof this article, the regulations adopted pursuant thereto and the\\ncontract;\\n h. the use of the entrance fees or deposits under this subdivision\\nwill promote the efficient and cost-effective acquisition or development\\nof the proposed community; and\\n i. the release, availability and use of the entrance fees comply with\\nany other conditions the council shall establish.\\n 2. if the entrance fee gives the resident the right to occupy a living\\nunit which has been previously occupied, the entrance fee and any\\ninterest earned thereon shall be released to the operator when the\\nliving unit becomes available for occupancy by the new resident; or\\n 3. if the entrance fee applies to a living unit which has not been\\npreviously occupied, the entrance fee and any interest earned thereon\\nshall be released to the operator when the commissioner is satisfied\\nthat:\\n a. Aggregate entrance fees received or receivable by the operator\\npursuant to executed fee-for-service continuing care contracts equal at\\nleast ten percent of the total of the entrance fees due at occupancy for\\nat least seventy percent of all proposed living units or an approved\\nphase of a community.\\n b. In lieu of any escrow required pursuant to this article, an\\noperator is entitled to post a letter of credit from a financial\\ninstitution, negotiable securities or a bond by a surety authorized to\\ndo business in this state, in a form approved by the commissioner and in\\nan amount not to exceed the amount established in paragraph a of this\\nsubdivision. The operator shall execute the letter of credit, negotiable\\nsecurities or bond in favor of the commissioner on behalf of individuals\\nwho are entitled to a refund of entrance fees from the provider.\\n * NB There are 2 § 4663's\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4664", "title" : "Asset reserves", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4664", "activeDate" : "2014-09-22", "sequenceNo" : 1838, "repealedDate" : null, "fromSection" : "4664", "toSection" : "4664", "text" : " § 4664. Asset reserves. An operator shall maintain reserve liabilities\\nand supporting assets in an amount for the purposes set forth in a\\nregulation issued by the commissioner. Liquid assets shall be maintained\\nfor the following reserve liabilities:\\n 1. Fifteen percent of the projected annual operating expenses of the\\nfacility, exclusive of depreciation.\\n 2. A provider shall notify the commissioner in writing at least ten\\ndays prior to reducing the amount of funds available to satisfy the\\napplicable liquid reserve requirement. A provider shall not expend more\\nthan one-half of the required balance each calendar year.\\n 3. A provider may use funds in an endowment fund or escrow account,\\nincluding an escrow account established by or pursuant to a mortgage\\nloan, bond, indenture or other long-term financing, to satisfy the\\nreserve requirements of this section, if the funds are available to make\\npayments when operating funds are insufficient for these purposes.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4665", "title" : "Residents' organizations", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4665", "activeDate" : "2014-09-22", "sequenceNo" : 1839, "repealedDate" : null, "fromSection" : "4665", "toSection" : "4665", "text" : " § 4665. Residents' organizations. 1. Residents living in a community\\nauthorized by this article shall have the right of self-organization,\\nthe right to be represented by one or more individuals of their own\\nchoosing, and the right to engage in concerted activities for the\\npurpose of keeping informed of the operation of the community in which\\nthey live.\\n 2. The board of directors, a designated representative, or other such\\ngoverning body of a fee-for-service continuing care retirement community\\nshall meet at least four times a year with residents' representatives\\nand shall hold a general meeting of all residents once a year for the\\npurpose of discussing subjects including, but not limited to, the\\nfinancial position of the community, the quality of social and health\\nservices at the community, and any proposed changes in policies,\\nprograms or services.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4666", "title" : "Advertisements", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4666", "activeDate" : "2014-09-22", "sequenceNo" : 1840, "repealedDate" : null, "fromSection" : "4666", "toSection" : "4666", "text" : " § 4666. Advertisements. No person, partnership, corporation, company,\\ntrust or association, or any agent or employee thereof, shall publish or\\ncause to be published, circulated, or disseminated any financial\\nstatement, pamphlet, circular, form letter, advertisement, or other\\nsales literature or advertising communication addressed or intended for\\ndistribution to prospective residents of fee-for-service continuing care\\nretirement communities that contains statements or illustrations that\\nare untrue, deceptive, misleading, or omit material facts or omit any\\nother information required by regulations appropriate to a\\nfee-for-service continuing care retirement community.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4667", "title" : "Audits", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4667", "activeDate" : "2014-09-22", "sequenceNo" : 1841, "repealedDate" : null, "fromSection" : "4667", "toSection" : "4667", "text" : " § 4667. Audits. 1. The commissioner, or his or her designee, may at\\nany time, and shall at least once every three years, visit each\\ncommunity and examine the business of any applicant for a certificate of\\nauthority and any operator engaged in the execution of fee-for-service\\ncontinuing care contracts or engaged in the performance of obligations\\nunder such contracts. Routine examinations may be conducted by having\\ndocuments designated by and submitted to the commissioner, which shall\\ninclude financial documents and records conforming to commonly accepted\\naccounting principles and practices. The final written report of each\\nsuch examination conducted by the commissioner shall be filed with the\\ncommissioner and, when so filed, shall constitute a public record. A\\ncopy of each report shall be provided to members of the continuing care\\nretirement community council. Any operator being examined shall, upon\\nrequest, give reasonable and timely access to all of its records. The\\nrepresentative or examiner designated by the commissioner may, at any\\ntime, examine the records and affairs and inspect the community's\\nfacilities, whether in connection with a formal examination or not.\\n 2. Any duly authorized officer, employee, or agent of the department\\nmay, upon presentation of proper identification, have access to and\\ninspect, any records maintained by the community relevant to the\\ndepartment's regulatory authority, with or without advance notice, to\\nsecure compliance with, or to prevent a violation of, any provision of\\nthis article.\\n 3. Reports of the results of such examinations and inspections shall\\nbe kept on file by the commissioner and shall be open to public\\ninspection at the community, provided any records, reports or documents\\nwhich by state or federal law or regulation are deemed confidential\\nshall not be distributed or made available unless and until such\\nconfidential status has expired.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4668", "title" : "Revocation, suspension or annulment of certificate of authority", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2025-12-26", "2026-02-27" ], "docLevelId" : "4668", "activeDate" : "2014-09-22", "sequenceNo" : 1842, "repealedDate" : null, "fromSection" : "4668", "toSection" : "4668", "text" : " § 4668. Revocation, suspension or annulment of certificate of\\nauthority. 1. The council may revoke, suspend, limit or annul the\\ncertificate of authority of an operator upon proof that:\\n a. The operator failed to continue to meet the requirements for the\\nauthority originally granted;\\n b. The operator lacked one or more of the qualifications for the\\ncertificate of authority as specified by this article;\\n c. The operator made a material misstatement, misrepresentation, or\\ncommitted fraud in obtaining the certificate of authority, or in\\nattempting to obtain the same;\\n d. The operator lacked fitness or was untrustworthy;\\n e. The operator engaged in fraudulent or dishonest practices of\\nmanagement in the conduct of business under the certificate of\\nauthority;\\n f. The operator converted or withheld funds;\\n g. The operator failed to comply with, or violated, any proper order,\\nrule or regulation of the council or violated any provision of this\\narticle;\\n h. The unsound business practices of the operator renders its further\\ntransactions in this state hazardous or injurious to the public;\\n i. The operator has refused to be examined or to produce its accounts,\\nrecords and files for examination, or its officers, employees or\\ncontrolling persons have refused to give information with respect to the\\naffairs of the community or to perform any other legal obligation as to\\nsuch examination; or\\n j. The commissioner has found violations of applicable statutes, rules\\nor regulations which threaten to affect directly the health, safety, or\\nwelfare of a resident of a fee-for-service continuing care retirement\\ncommunity.\\n 2. No certificate of authority shall be revoked, suspended, limited or\\nannulled without a hearing, except that a certificate of authority may\\nbe temporarily suspended or limited prior to a hearing for a period not\\nin excess of sixty days upon written notice to the operator following a\\nfinding by the commissioner that public health or safety is in imminent\\ndanger or there exists any condition or practice or a continuing pattern\\nof conditions or practices that pose an imminent danger to the health or\\nsafety of any resident. Any delay in the hearing process occasioned by\\nthe operator shall toll the running of said suspension or limitation and\\nshall not abridge the full time provided in this subdivision.\\n 3. Any state agency which seeks to revoke, suspend, limit or annul the\\ncertificate of authority or any other license or certificate required to\\nbe obtained by an operator of a community pursuant to law, shall request\\nthe council to commence a hearing pursuant to this section.\\n 4. The council shall fix a time and place for the hearing. The\\ncommissioner shall cause to be served in person or mailed by registered\\nor certified mail to the operator at least ten days before the date\\nfixed for the hearing a copy of the charges, together with the notice of\\nthe time and place of the hearing. The operator shall file with the\\ncommissioner not less than three days prior to the hearing a written\\nanswer to the charges. The agency which initiated the proceeding shall\\nbe responsible for providing evidence in support of the charges to the\\ncommissioner in order to prepare a statement of charges and shall\\nprovide evidence in support of the charges at the hearing.\\n 5. All orders pursuant to this section shall be subject to review as\\nprovided in article seventy-eight of the civil practice law and rules.\\nApplication for such review shall be made within sixty days after\\nservice in person or by registered or certified mail of a copy of the\\norder upon the operator.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4669", "title" : "Appointment of a caretaker", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2025-12-26" ], "docLevelId" : "4669", "activeDate" : "2014-09-22", "sequenceNo" : 1843, "repealedDate" : null, "fromSection" : "4669", "toSection" : "4669", "text" : " § 4669. Appointment of a caretaker. Upon a determination by the\\ncouncil that there exists operational deficiencies in a fee-for-service\\ncontinuing care retirement community that show:\\n 1. there exists in the facility a pattern or practice of habitual\\nviolation of the standards of health, safety or patient care established\\nunder federal or state law or regulations, the council shall take the\\nactions prescribed by section forty-six hundred sixty-eight of this\\narticle, and, where the council deems it to be in the public interest,\\nthe council may request the commissioner, and upon request of the\\ncouncil the commissioner shall, petition a court of competent\\njurisdiction to appoint a caretaker as defined in section twenty-eight\\nhundred one of this chapter. The petition, the proceedings, and the\\nprocedures for appointment of a caretaker shall be governed by the\\nprovisions of section forty-six hundred seventy of this article, and the\\npower, duties and rights of a caretaker appointed pursuant to such\\nsection shall be the same as those authorized by subdivision four of\\nsuch section; or\\n 2. a condition or conditions in substantial violation of the standards\\nfor health, safety or patient care established under federal or state\\nlaw or regulations.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4670", "title" : "Receiverships", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2025-12-26" ], "docLevelId" : "4670", "activeDate" : "2014-09-22", "sequenceNo" : 1844, "repealedDate" : null, "fromSection" : "4670", "toSection" : "4670", "text" : " § 4670. Receiverships. 1. The council may, if it determines that\\nserious operational deficiencies exist or serious financial problems\\nexist and such action is desirable, enter into an agreement with the\\noperator or owners of a fee-for-service continuing care retirement\\ncommunity with respect to the appointment of a receiver to take charge\\nof the community under conditions as found acceptable by both parties.\\nReceivership commenced in accordance with the provisions of this\\nsubdivision shall terminate at such time as may be provided in the\\nreceivership agreement, or at such time as either party notifies the\\nother in writing that it wishes to terminate such receivership.\\n 2. Upon request of the council, the commissioner shall, at the time of\\nrevocation, suspension or temporary suspension of a certificate of\\nauthority, apply to the supreme court where the community is situated\\nfor an order directing the owner of the land and/or structure on or in\\nwhich the community is located, to show cause why a receiver should not\\nbe appointed to take charge of the community. In those cases where the\\ncertificate of authority has been revoked, suspended or temporarily\\nsuspended, the supreme court shall appoint a receiver that, where\\nreasonably possible, is a legal entity that holds a valid certificate of\\nauthority. Such application shall contain proof by affidavit that the\\nfacility has had its certificate of authority revoked, suspended or\\ntemporarily suspended. Such order to show cause shall be returnable not\\nless than five days after service is completed and shall provide for\\npersonal service of a copy thereof and the papers on which it is based,\\non the owner or owners of the land and/or structures on or in which the\\ncommunity is located. If any such owner and manager cannot with due\\ndiligence be served personally within the county where the property is\\nlocated and within the time fixed in such order, then service may be\\nmade on such person by posting a copy thereof in a conspicuous place\\nwithin the community in question, and by sending a copy thereof by\\nregistered mail, return receipt requested, to such owner at the last\\naddress registered by him or her with the department or in the absence\\nof such registration to the address set forth in the last recorded deed\\nwith respect to the facility. Service shall be deemed complete on filing\\nproof of service thereof in the office of the county clerk, or the clerk\\nof the city of New York, as the case may be.\\n 3. On the return of said order to show cause, the matter shall have\\nprecedence over every other business of the court unless the court shall\\nfind that some other pending proceeding, having a similar statutory\\nprecedence, shall have priority. The court may conduct a hearing at\\nwhich all interested parties shall have the opportunity to present\\nevidence pertaining to the application. If the court shall find the\\nfacts warrant the granting thereof, then any such qualified and approved\\nagency, person or corporation, or the commissioner or any person\\ndesignated by the commissioner, shall be appointed receiver to take\\ncharge and assume operation of the community. However, such receiver may\\nmake application to the appointing court for decision, reformation or\\nsuch other relief as may be appropriate to protect the best interests of\\nthe residents residing within such community. No security interest in\\nany real or personal property comprising the community shall be impaired\\nor diminished in priority by the receiver. The receiver shall compensate\\nthe owner or owners of any goods held in inventory for those goods which\\nhe or she uses or causes to be used by reimbursing the costs of such\\ngoods, except that no such compensation shall be made for any goods for\\nwhich the owners or operators of the community have already been\\nreimbursed.\\n 4. Any receiver appointed pursuant to this section shall have all of\\nthe powers and duties of a receiver appointed in an action to foreclose\\na mortgage on real property, together with such additional powers and\\nduties as are granted and imposed pursuant to this section. The receiver\\nmay correct or eliminate those deficiencies in the facility that\\nseriously endanger the life, health, safety or finances of such\\nresidents subject to such terms as the court may direct. The receiver\\nshall operate the community in such a manner as intended to assure\\nsafety and adequate care for such residents. Any receiver who is an\\nofficial or employee of the state shall not be required to file any\\nbond. The receiver shall honor all existing leases, mortgages and\\nchattel mortgages that had previously been undertaken as obligations of\\nthe owners or operators of the community.\\n 5. The appointing court, upon application of the receiver, may make\\nsuch provision as justice may require for reasonable compensation and\\nreimbursement of the reasonable expenses of the receiver. The receiver\\nshall be liable only in his or her official capacity for injury to\\nperson and property by reason of conditions of the community in a case\\nwhere an owner would have been liable; provided that he or she operates\\nsuch facility in compliance with the terms of his or her appointment,\\nthe receiver shall not have any liability in his or her personal\\ncapacity, except for gross negligence and intentional acts.\\n 6. a. The court shall terminate the receivership only under the\\nfollowing circumstances:\\n (i) when the community is issued a new certificate of authority; or\\n (ii) at such time as all of the residents in the community have been\\nprovided alternate residential and health care services.\\n b. At the time of termination, the receiver shall render a full and\\ncomplete accounting to the court and shall make disposition of surplus\\nmoney at the discretion of the court.\\n 7. a. Any person who is served a copy of an order of the court\\nappointing the receiver shall, upon being notified of the name and\\naddress of the receiver, make all payments for goods supplied by the\\ncommunity, or services rendered by the community, to the receiver. A\\nreceipt shall be given for each such payment, and copies of all such\\nreceipts shall be kept on file by the receiver. The amount so received\\nshall be deposited by the receiver in a special account which shall also\\nbe used for all disbursements made by the receiver.\\n b. Any person refusing or omitting to make such a payment after such\\nservice and notice may be sued therefor by the receiver. Such person\\nshall not in such suit dispute the authority of the receiver to incur or\\norder such expenses, or the right of the receiver to such payments made\\nto him or her. The receipt provided by the receiver for any sum paid to\\nhim or her shall, in all suits and proceedings and for every other\\npurpose, be as effectual in favor of any person holding the receipt as\\nactual payment of the amount thereof to the operator or other person or\\npersons who would, but for the provisions of this section, have been\\nentitled to receive the sum to be paid. No resident shall be discharged,\\nnor shall any contract or rights be forfeited or impaired, nor any\\nforfeiture or liability be incurred, by reason of any omission to pay\\nany operator, owner, contractor or other person any sum so paid to the\\nreceiver.\\n 8. Any other provision of this article notwithstanding, the council\\nmay, if it deems appropriate, grant to any community operating or\\nscheduled to operate under a receivership authorized by this section a\\ncertificate of authority, the duration of which shall be limited to the\\nduration of the receivership.\\n 9. a. No provision of this section shall be deemed to relieve the\\noperator, owner or manager of any civil or criminal liability incurred,\\nor any duty imposed by law, by reason of acts or omissions of the\\noperator, owner or manager prior to the appointment of any receiver\\npursuant to this section, nor shall anything in this section be\\nconstrued to suspend during the receivership any obligation of the owner\\nfor the payment of taxes or other operating and maintenance expenses of\\nthe community nor of the owner or any other person for the payment of\\nmortgages or liens.\\n b. The receiver shall not be responsible for any obligations incurred\\nby the owner, manager or prime lessor, if any, prior to the appointment\\nof the receiver, other than those obligations to residents pursuant to\\nthe fee-for-service continuing care contracts.\\n c. The receiver shall be entitled to use for operating and maintenance\\nexpenses and the basic needs of the residents of the community a portion\\nof the revenues due the operator during the month in which the receiver\\nis appointed, which portion shall be established on the basis of the\\namounts of the unpaid operating and maintenance expenses for such month.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4671", "title" : "Civil action", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4671", "activeDate" : "2014-09-22", "sequenceNo" : 1845, "repealedDate" : null, "fromSection" : "4671", "toSection" : "4671", "text" : " § 4671. Civil action. Any person who, as or on behalf of an operator,\\nenters into a contract without having first delivered to the prospective\\nresident the disclosure statement and annual report required by sections\\nforty-six hundred fifty-seven and forty-six hundred fifty-eight of this\\narticle; or delivers to the prospective resident a disclosure statement\\nor annual report that omits a material fact or makes an untrue or\\nmisleading statement of material fact shall be liable to the individual\\ncontracting for services pursuant to such contract for damages and\\nrepayment of all entrance, application, periodic charge or other fees\\npaid by such person, less the reasonable cost of care and housing\\nprovided until discovery of the violation or until the violation should\\nreasonably have been discovered, together with interest, costs and\\nreasonable attorney's fees.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4672", "title" : "Criminal penalties", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4672", "activeDate" : "2014-09-22", "sequenceNo" : 1846, "repealedDate" : null, "fromSection" : "4672", "toSection" : "4672", "text" : " § 4672. Criminal penalties. 1. A person, partnership, corporation,\\ncontrolling person, or agent or employee thereof, who knowingly uses or\\nemploys any act or practice in violation of this article shall be guilty\\nof a class A misdemeanor.\\n 2. Nothing under this article shall be deemed to limit the power of\\nthe state to punish any person for any conduct which also constitutes a\\nseparate crime under any other statute.\\n 3. The council may refer such evidence as is available concerning\\nviolations of this article to the appropriate district attorney who may,\\nwith or without such reference, institute appropriate criminal\\nproceedings.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4673", "title" : "Separability", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4673", "activeDate" : "2014-09-22", "sequenceNo" : 1847, "repealedDate" : null, "fromSection" : "4673", "toSection" : "4673", "text" : " § 4673. Separability. If any clause, sentence, paragraph, section or\\npart of this article shall be adjudged by any court of competent\\njurisdiction to be invalid, the judgment shall not affect, impair or\\ninvalidate the remainder thereof, but shall be confined in its operation\\nto the clause, sentence, paragraph, section or part of this article\\ndirectly involved in the controversy in which the judgment shall have\\nbeen rendered.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4674", "title" : "Priority reservation agreements; prior to obtaining a certificate of authority", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2025-12-26" ], "docLevelId" : "4674", "activeDate" : "2014-09-22", "sequenceNo" : 1848, "repealedDate" : null, "fromSection" : "4674", "toSection" : "4674", "text" : " § 4674. Priority reservation agreements; prior to obtaining a\\ncertificate of authority. The provisions of this section shall apply to\\nentities that seek approval to enter into priority reservation\\nagreements and to solicit, collect or receive priority reservation fees,\\nwith respect to a proposed fee-for-service continuing care retirement\\ncommunity, prior to obtaining a certificate of authority under this\\narticle.\\n 1. No person, partnership, corporation or other entity shall solicit,\\ncollect or receive any priority reservation fee or enter into any\\nagreement relating to the payment of any priority reservation fee with\\nrespect to any fee-for-service continuing care retirement community to\\nbe operated within the state without first obtaining the written\\nauthorization of the commissioner. The commissioner shall not grant such\\nauthorization to an entity that has not yet obtained a certificate of\\nauthority unless the requirements of this section and any applicable\\nregulations are met. Upon obtaining the authorization of the\\ncommissioner under this section, a prospective community applicant or an\\nentity having filed an application for a certificate of authority may\\nenter into cancelable priority reservation agreements with prospective\\nresidents and solicit, collect and receive refundable priority\\nreservation fees for direct deposit into an escrow account, prior to\\nobtaining a certificate of authority, for the purpose of evaluating\\nmarket demand for a proposed fee-for-service continuing care retirement\\ncommunity and for the purpose of guaranteeing to prospective residents\\nan opportunity for priority placement in a fee-for-service continuing\\ncare retirement community. A priority reservation fee shall not exceed\\ntwo thousand dollars. A non-refundable priority reservation agreement\\napplication fee shall not exceed the maximum amount for such fee as set\\nforth in regulations adopted by the council.\\n 2. In order to receive authorization by the commissioner to enter into\\ncancelable priority reservation agreements and to solicit, collect or\\nreceive any refundable priority reservation fee, a person, partnership,\\ncorporation or other entity, hereinafter designated as the applicant,\\nshall apply for such authorization on forms or in a format prescribed by\\nthe commissioner and, as part of such application, shall submit the\\nfollowing information:\\n a. a description of the applicant's plan to implement the process of\\nentering into cancelable priority reservation agreements and to solicit,\\ncollect or receive refundable priority reservation fees;\\n b. a general description of the proposed community, including the\\nlocation and description of the proposed community site; the components\\nto be included in the community, such as independent living units,\\nskilled nursing facility and adult care facility; the estimated number\\nof each type of unit or beds; and the services to be provided;\\n c. an estimate of the pricing structure of the community including\\nentrance fees and monthly care fees and the provisions of the\\nfee-for-services rates;\\n d. a description of the anticipated market to be served;\\n e. anticipated methods and sources of financing for the proposed\\ncommunity;\\n f. organizational structure of the applicant;\\n g. the name and address of the escrow agent and a copy of the escrow\\nagreement required pursuant to this section;\\n h. a copy of the instructions to the escrow agent regarding the\\nissuance of refunds;\\n i. a copy of the forms to be used to document a request for a refund\\nof a priority reservation fee and the issuance of such refund;\\n j. a copy of the most recent set of financial statements of the\\napplicant prepared in accordance with generally accepted accounting\\nprinciples and certified to be true and accurate by an independent\\ncertified public accountant;\\n k. draft copies of all proposed marketing materials, including final\\nmarketing materials as soon as available; provided that the provision of\\nsuch material shall not be construed to require approval of such\\nmaterials by the department or the council;\\n l. a description of the sales office and a copy of the preliminary\\nsite plans and drawings of any proposed model units;\\n m. a copy of the proposed priority reservation agreement; and\\n n. any other information as may be required by regulations adopted\\npursuant to this article.\\n 3. Any change in the legal entity authorized under this section to\\nenter into cancelable priority reservation agreements and to solicit,\\ncollect or receive refundable priority reservation fees shall require\\napproval in the same manner as the original application; provided,\\nhowever, that the commissioner may waive any requirement to provide\\ninformation that is not relevant to such change.\\n 4. a. As a condition to receiving the commissioner's authorization\\nunder this section, an applicant shall establish a government insured\\ninterest-bearing account, which earns interest at a rate which is\\nconsistent with prevailing interest rates, and enter into an escrow\\nagreement with a New York state bank, New York state savings and loan\\nassociation or New York state trust company for the deposit of any\\npriority reservation fees collected by the applicant pursuant to this\\nsection, which escrow funds shall be subject to release as provided for\\nin this section.\\n b. The escrow agreement shall state that its purpose is to protect\\nprospective residents who have paid a priority reservation fee to the\\napplicant in furtherance of the applicant's efforts to evaluate market\\ndemand for a proposed fee-for-service continuing care retirement\\ncommunity and to guarantee prospective residents an opportunity for\\npriority placement in a fee-for-service continuing care retirement\\ncommunity and that, upon presentation of evidence of compliance with\\napplicable portions of this article, or upon order of a court of\\ncompetent jurisdiction, the escrow agent shall release and pay over the\\nfunds, or portions thereof, together with any interest accrued thereon\\nor earned from investment of the funds, to the applicant, the\\nprospective resident or the prospective resident's legal representative\\nas directed, within fifteen business days of receipt of the notice by\\nthe escrow agent.\\n c. Checks, drafts and money orders for deposit from prospective\\nresidents shall be made payable to the escrow agent only.\\n d. All funds deposited in the escrow account shall remain the property\\nof the prospective residents until released to the applicant in\\naccordance with this article, and the funds shall not be subject to any\\nliens or charges by the escrow agent or judgments, garnishments or\\ncreditors' claims against the applicant.\\n e. At the request of the applicant, the commissioner or a prospective\\nresident, the escrow agent shall issue a statement indicating the status\\nof the escrow account.\\n f. A prospective resident's escrowed funds shall not be released to an\\napplicant unless the applicant obtains a certificate of authority to\\noperate the proposed fee-for-service continuing care retirement\\ncommunity and to enter into fee-for-service continuing care contracts,\\nand the prospective resident has entered into a fee-for-service\\ncontinuing care contract with the applicant and has elected to apply the\\npriority reservation fee to an actual entrance fee or deposit on an\\nentrance fee. Upon release to the approved applicant, a prospective\\nresident's escrowed priority reservation fee funds shall be deposited\\ninto the entrance fee escrow account provided for in section forty-six\\nhundred sixty-two of this article.\\n g. If the funds in an escrow account under this section, and any\\ninterest thereon, are not released to the applicant within such time as\\nprovided by rules and regulations adopted by the council, then such\\nfunds shall be returned by the escrow agent to the person who had made\\nthe payments or the person's legal representative.\\n h. A priority reservation fee, and the interest accrued thereon, held\\nin escrow shall be returned by the escrow agent to the person who paid\\nthe fee upon receipt by the escrow agent of notice from the applicant or\\nthe person who paid the fee or the person's legal representative that\\nthe priority reservation agreement has been canceled. Any priority\\nreservation fee, and the interest accrued thereon, shall be returned by\\nthe escrow agent to the person who paid the fee or the person's legal\\nrepresentative within fifteen business days of receipt by the escrow\\nagent of notice of cancellation of the priority reservation agreement.\\n i. Refunds of priority reservation fees upon the death of a\\nprospective resident shall be made upon the same basis as refunds upon\\ncancellation of a priority reservation agreement.\\n j. Nothing in this section shall be interpreted as requiring the\\nescrow of any non-refundable priority reservation agreement application\\nfee, designated as such in the cancelable priority reservation\\nagreement, which fee is received by the applicant from a prospective\\nresident.\\n 5. Any marketing materials, including all materials associated with a\\nsales office and model units, used in the solicitation of priority\\nreservation agreements or priority reservation fees shall, at a minimum,\\ncontain the following:\\n a. a statement that the purpose of the marketing material is to\\ndetermine the market demand for a proposed fee-for-service continuing\\ncare retirement community and to offer prospective residents an\\nopportunity for a guaranteed priority placement in a fee-for-service\\ncontinuing care retirement community by entering into cancelable\\npriority reservation agreements and accepting refundable priority\\nreservation fees;\\n b. a statement that the cancelable priority reservation agreement is\\nnot a fee-for-service continuing care contract and may be canceled by\\nthe person entering the agreement or the person's legal representative\\nat any time, without cause; and\\n c. a statement that any priority reservation fees paid shall be held\\nin escrow and shall be refunded, together with interest accrued at\\nprevailing rates, to the person paying the fee or the person's legal\\nrepresentative upon request and cancellation of the priority reservation\\nagreement.\\n 6. Any priority reservation fees with respect to a proposed\\nfee-for-service continuing care retirement community may be collected\\nonly after issuance of a cancelable priority reservation agreement to\\nthe person paying the fee, which agreement shall contain the following\\ninformation:\\n a. the name and location of the proposed community;\\n b. the name and address of the applicant;\\n c. the name, address and phone number of a contact person;\\n d. the name and address of the person paying the fee;\\n e. the name and address of the escrow agent;\\n f. the type of unit being reserved;\\n g. the estimated entry fee and monthly care fee clearly identified as\\nan estimate;\\n h. the amount of any non-refundable priority reservation agreement\\napplication fee;\\n i. a notice in bold twelve point type that the cancelable priority\\nreservation agreement does not obligate the person entering into the\\nagreement in any way; that there is no guarantee by the applicant the\\nfees estimated in the agreement will not change; that the community\\ndescribed is only a proposed community and any model units are only\\nrepresentative of units in a proposed community which is subject to the\\nsubmission of a formal application by the applicant and the subsequent\\napproval or disapproval by the council; that there is no guarantee the\\nunit described in the agreement or represented by any model will be\\nbuilt or otherwise made available as described in the agreement or at\\nall; that the person paying the priority reservation fee may receive a\\nrefund of the fee plus interest accrued at prevailing rates upon\\nrequest; and that, should a certificate of authority be granted, he or\\nshe shall be entitled on a priority basis to apply the priority\\nreservation fee to an actual entrance fee or entrance fee deposit on a\\nunit not already under contract;\\n j. the signature of the person paying the fee and the signature of the\\napplicant or the applicant's agent;\\n k. a statement of the effective period of the agreement not to exceed\\nthe duration of the commissioner's authorization; and\\n l. an outline of the fees, their associative service, and guidelines\\nused for changing the residency status of a resident.\\n 7. a. In order to approve an application under this section, the\\ncommissioner shall have determined, as applicable, that:\\n (i) the applicant has satisfied the requirements of this section and\\nany applicable regulations; and\\n (ii) the applicant has demonstrated the capability to conduct a market\\nanalysis of the demand for the proposed fee-for-service continuing care\\nretirement community and can be expected to meet its obligations in\\naccordance with this section and in accordance with its priority\\nreservation agreements with prospective residents.\\n b. If the commissioner approves an application, the commissioner shall\\nissue a written authorization to the applicant authorizing the applicant\\nto enter into cancelable priority reservation agreements and collect\\nrefundable priority reservation fees from prospective residents\\nconcerning the proposed fee-for-service continuing care retirement\\ncommunity.\\n c. The commissioner's authorization shall remain in effect for a\\nperiod not to exceed eighteen months from the date of the commissioner's\\nauthorization the commencement of said period to be specifically stated\\nin such authorization subject to the following:\\n (i) the commissioner may rescind the authorization, including any\\nextension thereof, at any time for just cause, including any material\\nmisstatement of fact or misrepresentation in any of the application\\nmaterials or any materials subsequently disseminated;\\n (ii) the authorization may be extended upon written application to an\\napproval of the commissioner for the duration of time specified in the\\ncommissioner's written approval;\\n (iii) unless already expired, the authorization shall be extended\\nautomatically if an application for a certificate of authority is\\nsubmitted pursuant to this article, and such authorization shall remain\\nin effect as long as the application for a certificate of authority\\nremains active; and\\n (iv) unless already expired, the authorization shall be extended\\nautomatically if a certificate of authority is obtained by the applicant\\npursuant to this article, and such authorization shall remain in effect\\nas long as the certificate of authority remains in effect.\\n d. The applicant shall provide written notice to all parties who have\\nentered into cancelable priority reservation agreements of the\\nfollowing:\\n (i) notice of the commissioner's recision of authorization to enter\\ninto cancelable priority reservation agreements;\\n (ii) notice of the commissioner's extension of authorization to enter\\ninto cancelable priority reservation agreements including the new\\nexpiration date and the reason for such extension; and\\n (iii) notice upon issuance of a certificate of authority pursuant to\\nthis article that the party to the agreement has the option on a\\npriority basis to apply the priority reservation fee to an actual\\nentrance fee or a deposit on an entrance fee.\\n e. The commissioner shall provide written notice to the escrow agent\\nof the commissioner's recision of authorization to enter into cancelable\\npriority reservation agreements, including instructions to release funds\\nheld in escrow to the persons who have paid refundable priority\\nreservation fees.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4675", "title" : "Priority reservation agreements; after obtaining a certificate of authority", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2025-12-26" ], "docLevelId" : "4675", "activeDate" : "2014-09-22", "sequenceNo" : 1849, "repealedDate" : null, "fromSection" : "4675", "toSection" : "4675", "text" : " § 4675. Priority reservation agreements; after obtaining a certificate\\nof authority. The provisions of this section apply to entities that seek\\napproval to enter into priority reservation agreements and to solicit,\\ncollect or receive priority reservation fees, with respect to a\\nfee-for-service continuing care retirement community, after obtaining a\\ncertificate of authority under this article.\\n 1. No person, partnership, corporation or other entity shall solicit,\\ncollect or receive any priority reservation fee or enter into any\\nagreement relating to the payment of any priority reservation fee with\\nrespect to any fee-for-service continuing care retirement community\\noperated or to be operated within the state without first obtaining the\\nwritten authorization of the commissioner. The commissioner shall not\\ngrant such authorization to an entity that has obtained a certificate of\\nauthority unless the requirements of this section and any applicable\\nregulations are met. Upon obtaining the authorization of the\\ncommissioner under this section, an operator may enter into cancelable\\npriority reservation agreements with prospective residents and solicit,\\ncollect and receive refundable priority reservation fees for direct\\ndeposit into an escrow account for the purpose of guaranteeing to\\nprospective residents an opportunity for priority placement in the\\nfee-for-service continuing care retirement community for which the\\noperator has obtained a certificate of authority. A priority reservation\\nfee shall not exceed two thousand dollars. A non-refundable priority\\nreservation agreement application fee shall not exceed the maximum\\namount for such fee as set forth in regulations adopted by the council.\\n 2. In order to receive authorization by the commissioner to enter into\\ncancelable priority reservation agreements and to solicit, collect or\\nreceive any refundable priority reservation fee, an operator shall apply\\nfor such authorization on forms or in a format prescribed by the\\ncommissioner and, as part of such application shall submit the following\\ninformation:\\n a. a description of the applicant's plan to implement the process of\\nentering into cancelable priority reservation agreements and to solicit,\\ncollect or receive refundable priority reservation fees;\\n b. the name and address of the escrow agent and a copy of the escrow\\nagreement required pursuant to this section;\\n c. a copy of the instructions to the escrow agent regarding the\\nissuance of refunds;\\n d. a copy of the forms to be used to document a request for a refund\\nof a priority reservation fee and the issuance of such refund;\\n e. draft copies of all proposed marketing materials, provided that\\ncopies of the final marketing materials must be submitted as soon as\\nthey are available provided further that provision of such materials\\nshall not be construed to require approval of such materials by the\\ndepartment or the council;\\n f. a description of the sales office and drawings of any proposed\\nmodel units;\\n g. a copy of the proposed priority reservation agreement; and\\n h. any other information as may be required by regulations adopted\\npursuant to this article.\\n 3. a. As a condition to receiving the commissioner's authorization\\nunder this section, an operator shall establish a government insured\\ninterest-bearing account, which earns interest at a rate which is\\nconsistent with prevailing interest rates, and enter into an escrow\\nagreement with a New York state bank, New York state savings and loan\\nassociation or New York state trust company for the deposit of any\\npriority reservation fees collected by the operator pursuant to this\\nsection, which escrow funds shall be subject to release as provided for\\nin this section.\\n b. The escrow agreement shall state that its purpose is to protect\\nprospective residents who have paid a priority reservation fee to the\\noperator in order to guarantee prospective residents an opportunity for\\npriority placement in the fee-for-service continuing care retirement\\ncommunity for which the operator has been issued a certificate of\\nauthority and that, upon presentation of evidence of compliance with\\napplicable provisions of this article, or upon order of a court of\\ncompetent jurisdiction, the escrow agent shall release and pay over the\\nfunds, or portions thereof, together with any interest accrued thereon\\nor earned from investment of the funds, to the operator, the prospective\\nresident or the prospective resident's legal representative as directed,\\nwithin fifteen business days of receipt of the notice by the escrow\\nagent.\\n c. Checks, drafts, and money orders for deposit from prospective\\nresidents shall be made payable to the escrow agent only.\\n d. All funds deposited in the escrow account shall remain the property\\nof the prospective residents until released to the operator in\\naccordance with this section, and the funds shall not be subject to any\\nliens or charges by the escrow agent or judgments, garnishments, or\\ncreditors' claims against the operator.\\n e. At the request of the operator, the commissioner or a prospective\\nresident, the escrow agent shall issue a statement indicating the status\\nof the escrow account.\\n f. A prospective resident's escrowed funds shall not be released to an\\noperator unless the prospective resident has elected to apply the\\npriority reservation fee to an actual entrance fee or deposit on an\\nentrance fee. Upon release to the operator, a prospective resident's\\nescrowed priority reservation fee funds shall be deposited into the\\nentrance fee escrow account provided for in section forty-six hundred\\nsixty-two of this article; provided that the operator may retain such\\nfunds and shall not be required to deposit them in the entrance fee\\nescrow account if the prospective resident's living unit is available\\nfor occupancy.\\n g. If the funds in an escrow account under this section, and any\\ninterest thereon, are not released to the operator within such time as\\nprovided by rules and regulations adopted by the council, then such\\nfunds shall be returned by the escrow agent to the persons who had made\\nthe payments or the person's legal representative.\\n h. A priority reservation fee, and the interest accrued thereon, held\\nin escrow shall be returned by the escrow agent to the person who paid\\nthe fee upon receipt by the escrow agent of notice from the operator or\\nthe person who paid the fee or the person's legal representative that\\nthe priority reservation agreement has been canceled. Any priority\\nreservation fee, and the interest accrued thereon, shall be returned by\\nthe escrow agent to the person who paid the fee or the person's legal\\nrepresentative within fifteen business days of receipt by the escrow\\nagent of notice of cancellation of the priority reservation agreement.\\n i. Refunds of priority reservation fees upon the death of a\\nprospective resident will be made upon the same basis as refunds upon\\ncancellation of a priority reservation agreement.\\n j. Nothing in this section shall be interpreted as requiring the\\nescrow of any non-refundable priority reservation agreement application\\nfee, designated as such in the cancelable priority reservation\\nagreement, which fee is received by the operator from a prospective\\nresident.\\n 4. Any marketing materials, including all materials associated with a\\nsales office and model units, used in the solicitation of priority\\nreservation agreements or priority reservation fees shall, at a minimum\\ncontain the following:\\n a. a statement that the purpose of the marketing material is for the\\noperator to offer prospective residents an opportunity for a guaranteed\\npriority placement in a fee-for-service continuing care retirement\\ncommunity by entering into cancelable priority reservation agreements\\nand accepting refundable priority reservation fees;\\n b. a statement that the cancelable priority reservation agreement is\\nnot a fee-for-service continuing care contract and may be canceled by\\nthe person entering the agreement or the person's legal representative\\nat any time, without cause; and\\n c. a statement that any priority reservation fees paid shall be held\\nin escrow and shall be refunded, together with interest accrued at\\nprevailing rates, to the person paying the fee or the person's legal\\nrepresentative upon request and cancellation of the priority reservation\\nagreement.\\n 5. Any priority reservation fees with respect to a fee-for-service\\ncontinuing care retirement community may be collected only after\\nissuance of a cancelable priority reservation agreement to the person\\npaying the fee, which agreement shall contain the following information:\\n a. the name and location of the community;\\n b. the name and address of the operator;\\n c. the name, address and phone number of a contact person;\\n d. the name and address of the person paying the fee;\\n e. the name and address of the escrow agent;\\n f. the type of unit being reserved;\\n g. the current entry fee and monthly care fee, together with a\\nstatement explaining that these fees are subject to change and may be\\nchanged by the time the prospective resident has entered into a\\nfee-for-service continuing care contract with the operator;\\n h. the amount of any non-refundable priority reservation agreement\\napplication fee;\\n i. a notice in bold twelve point type that the cancelable priority\\nreservation agreement does not obligate the person entering into the\\nagreement in any way; that there is no guarantee by the operator that\\nthe current fees set forth in the agreement will not change; that the\\nperson paying the priority reservation fee may receive a refund of the\\nfee plus interest accrued at prevailing rates upon request; and that he\\nor she shall be entitled on a priority basis to apply the priority\\nreservation fee to an actual entrance fee or entrance fee deposit on a\\nunit not already under contract;\\n j. the signature of the person paying the fee and the signature of the\\noperator or the operator's agent;\\n k. a statement that the effective period of the agreement shall not\\nexceed the duration of the commissioner's authorization; and\\n l. an outline of the fees, their associative service, and guidelines\\nused for changing the residency status of a resident.\\n 6. a. In order to approve an application under this section, the\\ncommissioner shall have determined that:\\n (i) the operator has satisfied the requirements of this section and\\nany applicable regulations; and\\n (ii) the operator can be expected to meet its obligations in\\naccordance with this section and in accordance with its priority\\nreservation agreements with prospective residents.\\n b. If the commissioner approves an application, the commissioner shall\\nissue a written authorization to the operator authorizing the operator\\nto enter into cancelable priority reservation agreements and collect\\nrefundable priority reservation fees from prospective residents\\nconcerning the fee-for-service continuing care retirement community.\\n c. The commissioner's authorization shall remain in effect as long as\\nthe operator's certificate of authority for its community remains in\\neffect; provided that the commissioner may rescind the authorization at\\nany time for just cause, including any material misstatement of fact or\\nmisrepresentation in any of the application materials or any materials\\nsubsequently disseminated.\\n d. The operator shall provide written notice to all parties who have\\nentered into cancelable priority reservation agreements of the\\ncommissioner's recision of authorization to enter into cancelable\\npriority reservation agreements.\\n e. The commissioner shall provide written notice to the escrow agent\\nof the commissioner's recision of authorization to enter into cancelable\\npriority reservation agreements, including instructions to release funds\\nheld in escrow to the persons who have paid refundable priority\\nreservation fees.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4676", "title" : "Industrial development agency financing", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4676", "activeDate" : "2014-09-22", "sequenceNo" : 1850, "repealedDate" : null, "fromSection" : "4676", "toSection" : "4676", "text" : " § 4676. Industrial development agency financing. Fee-for-service\\ncontinuing care retirement communities developed pursuant to this\\narticle shall be eligible for industrial development financing in\\naccordance with section forty-six hundred four-a of this chapter except\\nfor paragraphs b and g of subdivision two of such section and financing\\nby any public benefit corporation authorized to make loans to continuing\\ncare retirement communities under the laws of this state provided,\\nhowever, the operator of such fee-for-service continuing care retirement\\ncommunity has demonstrated capability to comply fully with the\\nrequirements for a certificate of authority and has obtained a\\ncontingent certificate of authority pursuant to section forty-six\\nhundred fifty-five of this article and the operator has agreed to meet\\nthe requirements of article eighteen-A of the general municipal law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 27 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A46-B", "title" : "Assisted Living", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22", "2025-08-29" ], "docLevelId" : "46-B", "activeDate" : "2014-09-22", "sequenceNo" : 1851, "repealedDate" : null, "fromSection" : "4650*2", "toSection" : "4663*2", "text" : " ARTICLE 46-B\\n ASSISTED LIVING\\nTitle I. Findings and definitions (§§ 4650*2-4651*2).\\nTitle II. Assisted living (§§ 4652*2-4653*2).\\nTitle III. Enhanced assisted living certificate (§§ 4654*2-4655*2).\\nTitle IV. General requirements (§§ 4656*2-4663*2).\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A46-BT1", "title" : "Findings and Definitions", "docType" : "TITLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1", "activeDate" : "2014-09-22", "sequenceNo" : 1852, "repealedDate" : null, "fromSection" : "4650*2", "toSection" : "4651*2", "text" : " TITLE I\\n FINDINGS AND DEFINITIONS\\nSection 4650*2. Legislative purpose and findings.\\n 4651*2. Definitions.\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4650*2", "title" : "Legislative purpose and findings", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4650*2", "activeDate" : "2014-09-22", "sequenceNo" : 1853, "repealedDate" : null, "fromSection" : "4650*2", "toSection" : "4650*2", "text" : " * § 4650. Legislative purpose and findings. The legislature hereby\\nfinds and declares that congregate residential housing with supportive\\nservices in a home-like setting, commonly known as assisted living, is\\nan integral part of the continuum of long term care. Further, the\\nphilosophy of assisted living emphasizes aging in place, personal\\ndignity, autonomy, independence, privacy and freedom of choice.\\n The intent of this article is to create a clear and flexible statutory\\nstructure for assisted living that provides a definition of assisted\\nliving residence; that requires licensure of the residence; that\\nrequires a written residency agreement that contains consumer\\nprotections; that enunciates and protects resident rights; and that\\nprovides adequate and accurate information for consumers, which is\\nessential to the continued development of a viable market for assisted\\nliving. Entities which hold themselves out as assisted living residences\\nmust apply for licensure and be approved by the state to operate as\\nassisted living residences pursuant to this article, and must comply\\nwith the requirements of this article.\\n * NB There are 2 § 4650's\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4651*2", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4651*2", "activeDate" : "2014-09-22", "sequenceNo" : 1854, "repealedDate" : null, "fromSection" : "4651*2", "toSection" : "4651*2", "text" : " * § 4651. Definitions. As used in this article:\\n 1. \"Assisted living\" and \"assisted living residence\" means an entity\\nwhich provides or arranges for housing, on-site monitoring, and personal\\ncare services and/or home care services (either directly or indirectly),\\nin a home-like setting to five or more adult residents unrelated to the\\nassisted living provider. An applicant for licensure as assisted living\\nthat has been approved in accordance with the provisions of this article\\nmust also provide daily food service, twenty-four hour on-site\\nmonitoring, case management services, and the development of an\\nindividualized service plan for each resident. An operator of assisted\\nliving shall provide each resident with considerate and respectful care\\nand promote the resident's dignity, autonomy, independence and privacy\\nin the least restrictive and most home-like setting commensurate with\\nthe resident's preferences and physical and mental status.\\n Assisted living and enhanced assisted living shall not include:\\n (a) residential health care facilities or general hospitals licensed\\nunder article twenty-eight of this chapter;\\n (b) continuing care retirement communities which possess a certificate\\nof authority pursuant to article forty-six of this chapter, unless the\\ncontinuing care retirement community is operating an assisted living\\nresidence as defined under this section;\\n (c) residential services for persons that are provided under a license\\npursuant to article sixteen, nineteen, thirty-one or thirty-two of the\\nmental hygiene law or other residential services primarily funded by or\\nprimarily under the jurisdiction of the office for mental health;\\n (d) naturally occurring retirement communities, as defined in section\\nfive hundred thirty-six-g of the executive law;\\n (e) assisted living programs approved by the department pursuant to\\nsection four hundred sixty-one-l of the social services law;\\n (f) public or publicly assisted multi-family housing projects\\nadministered or regulated by the U.S. department of housing and urban\\ndevelopment or the division of housing and community renewal or funded\\nthrough the homeless housing assistance program that were designed for\\nthe elderly or persons with disabilities, or homeless persons, provided\\nsuch entities do not provide or arrange for home care, twenty-four hour\\nsupervision or both, beyond providing periodic coordination or\\narrangement of such services for residents at no charge to residents.\\nExcept, however, such entities that are in receipt of grants for\\nconversion of elderly housing to assisted living facilities pursuant to\\nsection 1701-q-2 of the United States Code shall license as an assisted\\nliving pursuant to this article;\\n (g) an operating demonstration as such term is defined in paragraph\\n(d) of subdivision one of section four thousand four hundred three-f of\\nthis chapter;\\n (h) hospice and hospice residences as defined pursuant to section four\\nthousand two of this chapter;\\n (i) an adult care facility as defined in subdivision twenty-one of\\nsection two of the social services law that is not utilizing the term\\nassisted living (or any derivation thereof) or is not required to obtain\\nan enhanced assisted living certificate; and\\n (j) independent senior housing, shelters or residences for adults. For\\npurposes of this article and for purposes of determining certification\\npursuant to article seven of the social services law, the department\\nshall by regulation, define independent senior housing, provided such\\ndefinition shall be based on whether the operator does not provide,\\narrange for, or coordinate personal care services or home care services\\non behalf of residents; and the facility does not provide case\\nmanagement services in a congregate care setting for residents. Nothing\\nin this chapter shall preclude a resident of independent senior housing\\nfrom personally and directly obtaining private personal care or home\\ncare services from a licensed or certified home care agency.\\n 2. \"Applicant\" shall mean the entity which submits an assisted living\\nlicensure application with the department pursuant to title two or three\\nof this article.\\n 3. \"Adult home\" means an adult home as defined by subdivision\\ntwenty-five of section two of the social services law.\\n 4. \"Enriched housing program\" means an enriched housing program, as\\ndefined in subdivision twenty-eight of section two of the social\\nservices law.\\n 5. \"Assisted living operator\" or \"operator\" means a person, persons or\\nan entity which has obtained the written approval of the department to\\noperate an assisted living residence in accordance with this article.\\n 6. \"Controlling person\" means any person who by reason of a direct or\\nindirect ownership interest, whether of record or beneficial, has the\\nability, acting either alone or in concert with others with ownership\\ninterests, to direct or cause the direction of the management or\\npolicies of said corporation, partnership or other entity.\\n 7. \"Resident\" means an adult not related to the provider, who,\\npursuant to a residency agreement with a provider resides in an assisted\\nliving or enhanced assisted living residence, as applicable.\\n 8. \"Resident's representative\" means a family member or other\\nindividual identified in the residency agreement required under section\\nfour thousand six hundred fifty-eight of this article who is authorized\\nby a resident to communicate with residence employees regarding the\\nhealth, well-being, needs of and services provided to such resident and\\nto assist the resident in obtaining needed services.\\n 9. \"Resident's legal representative\" means a person duly authorized\\nunder applicable state law to act on behalf of a resident. Such legal\\nrepresentative could include, but is not necessarily limited to, a court\\nappointed guardian, an attorney in-fact under a durable power of\\nattorney, an agent under a health care proxy or a representative payee,\\ndepending upon the action to be taken.\\n 10. \"Home care services\" means the services defined in subdivision one\\nof section three thousand six hundred two of this chapter, as provided\\nby a home care services agency which has been approved to operate\\npursuant to article thirty-six of this chapter.\\n 11. \"Individualized service plan\" or \"ISP\" means a written plan\\ndeveloped pursuant to section four thousand six hundred fifty-nine of\\nthis article.\\n 12. \"Monitoring\" means an ability of the assisted living provider to\\nrespond to urgent or emergency needs or requests for assistance with\\nappropriate staff, at any hour of any day or night of the week. Such\\nmonitoring must be provided on site.\\n 13. \"Aging in place\" means, care and services at a facility which\\npossesses an enhanced assisted living certificate which, to the extent\\npracticable, within the scope of services set forth in the written\\nresidency agreement executed pursuant to section four thousand six\\nhundred fifty-eight of this article, accommodates a resident's changing\\nneeds and preferences in order to allow such resident to be admitted to\\nor remain in the residence as long as the residence is able and\\nauthorized to accommodate the resident's current and changing needs. A\\nresidence that does not possess an enhanced assisted living certificate\\nshall not be deemed able to accommodate a resident's needs if the\\nresident requires or is in need of either enhanced assisted living or\\ntwenty-four hour skilled nursing care or medical care provided by\\nfacilities licensed pursuant to article twenty-eight of this chapter or\\narticle nineteen, thirty-one or thirty-two of the mental hygiene law.\\n 14. \"Enhanced assisted living\" or \"enhanced assisted living resident\"\\nmeans the care or services provided, or a resident who is provided the\\ncare and services, pursuant to an enhanced assisted living certificate.\\n 15. \"Enhanced assisted living certificate\" means a certificate issued\\nby the department which authorizes an assisted living residence to\\nprovide aging in place by either admitting or retaining residents who\\ndesire to age in place and who: (a) are chronically chairfast and unable\\nto transfer, or chronically require the physical assistance of another\\nperson to transfer; (b) chronically require the physical assistance of\\nanother person in order to walk; (c) chronically require the physical\\nassistance of another person to climb or descend stairs; (d) are\\ndependent on medical equipment and require more than intermittent or\\noccasional assistance from medical personnel; or (e) has chronic\\nunmanaged urinary or bowel incontinence. In no event shall a person be\\nadmitted to an assisted living residence who is in need of continual\\ntwenty-four hour nursing or medical care, who is chronically bedfast, or\\nwho is cognitively, physically or medically impaired to such a degree\\nthat his or her safety would be endangered.\\n * NB There are 2 § 4651's\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 2 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A46-BT2", "title" : "Assisted Living", "docType" : "TITLE", "publishedDates" : [ "2014-09-22", "2025-08-29" ], "docLevelId" : "2", "activeDate" : "2014-09-22", "sequenceNo" : 1855, "repealedDate" : null, "fromSection" : "4652*2", "toSection" : "4653*2", "text" : " TITLE II\\n ASSISTED LIVING\\nSection 4652*2. General requirements; applicability of laws to assisted\\n living.\\n 4653*2. Licensure procedures and requirements for assisted\\n living.\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4652*2", "title" : "General requirements; applicability of laws to assisted living", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4652*2", "activeDate" : "2014-09-22", "sequenceNo" : 1856, "repealedDate" : null, "fromSection" : "4652*2", "toSection" : "4652*2", "text" : " * § 4652. General requirements; applicability of laws to assisted\\nliving. Adult homes and enriched housing programs which possess a valid\\noperating certificate issued pursuant to title two of article seven of\\nthe social services law, may call themselves assisted living provided\\nthey:\\n 1. file an application for licensure and are approved by the\\ndepartment as assisted living;\\n 2. comply with all the requirements of this article.\\n * NB There are 2 § 4652's\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4653*2", "title" : "Licensure procedures and requirements for assisted living", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-12-25", "2016-03-25" ], "docLevelId" : "4653*2", "activeDate" : "2016-03-25", "sequenceNo" : 1857, "repealedDate" : null, "fromSection" : "4653*2", "toSection" : "4653*2", "text" : " * § 4653. Licensure procedures and requirements for assisted living.\\n1. In order to operate as assisted living, an operator shall be\\nlicensed as an adult home or enriched housing program and apply and be\\napproved for licensure with the commissioner pursuant to this article.\\nThe operator shall provide, on an application form developed by the\\ncommissioner, the following information to the commissioner in order to\\nbe licensed:\\n (a) business name, street address, and mailing address of the\\nresidence and of the owners of the residence;\\n (b) status of current operating certificate;\\n (c) verification that the operator has a valid residency agreement in\\ncompliance with this article to be entered into with each resident,\\nresident's representative and resident's legal representative, if any,\\nand shall include a copy of the information to be included in the\\nresidency agreement and disclosures as required pursuant to the\\nprovisions of section four thousand six hundred fifty-eight of this\\narticle, as added by chapter two of the laws of two thousand four, that\\nwill be given to prospective residents; and\\n (d) any other information the department may deem necessary for the\\nevaluation of the application provided such information is not\\nduplicative of what is otherwise required of the applicant in obtaining\\nan adult care facility license.\\n 2. For existing licensed operators in good standing and their\\naffiliates, the department shall develop a streamlined application\\nreview and approval process, in collaboration with representatives of\\nassociations of operators, to be available for use in relation to\\napproval of an additional facility of the same type. Notwithstanding any\\nprovision of law or regulation to the contrary, the streamlined\\napplication review and approval process shall include, but not be\\nlimited to, the following:\\n (a) a certification process and form for the operator or its affiliate\\nto attest that it will have sufficient financial resources, revenue and\\nfinancing to meet facility expenses and resident needs, which shall\\nsatisfy the statutory and regulatory financial component of the\\napplication review and approval process;\\n (b) a certification process and form for the operator or its affiliate\\nto attest that its legal, corporate and organizational documents comply\\nin substance with department requirements, which shall satisfy the\\nstatutory and regulatory legal component of the application review and\\napproval process;\\n (c) a certification process and form for the operator or its affiliate\\nto attest that it is in substantial compliance with all applicable\\ncodes, rules and regulations in any other state in which it operates,\\nand to disclose any enforcement or administrative action taken against\\nit in any other state;\\n (d) issuance by the department of a conditional approval to operate\\nthe facility for a specified period of time upon substantial completion\\nof the character and competence, legal, financial and architectural\\ncomponents of the application, so long as the operator or its affiliate\\nagrees in writing to satisfy all pending conditions prior to the\\nexpiration of the conditional approval period or a time frame\\nestablished by the department;\\n (e) issuance by the department of a conditional approval to construct\\na facility, at the operator's or its affiliate's own risk, upon\\nsubstantial completion of the architectural component of the\\napplication;\\n (f) elimination of duplicative submission and review of any\\napplication information which has been previously reviewed and approved\\nby the department or any of its regional offices within the past two\\nyears through a certification process and form whereby the operator or\\nits affiliate will attest that such application information is\\nduplicative;\\n (g) with respect to any programmatic application information to be\\nreviewed by the regional office, such review shall be conducted on-site\\nby the regional office during the pre-opening inspection or first full\\nannual inspection, if the department has previously approved the\\noperator or its affiliate to operate the same type of program at another\\nfacility within the past two years;\\n (h) electronic submission of applications; and\\n (i) a combined application for licensure as an adult care facility,\\nassisted living residence and/or assisted living program, to the extent\\nthe department determines such a combined application is feasible.\\n 2-a. For purposes of subdivision two of this section, \"affiliate\"\\nshall mean an entity, for which a majority of the ownership or\\ncontrolling interest is the same as the ownership or controlling\\ninterest in an existing licensed operator under this section (provided\\nthat an affiliate may have different percentages of ownership or control\\nor fewer natural persons with ownership or control than an existing\\nlicensed operator) and, further:\\n (a) for any entity owned, directly or indirectly, by natural persons:\\n (i) at all times, more than half of the ownership interest of the\\nentity shall be owned, directly or indirectly, by natural persons who\\nhave previously been determined to have undergone a satisfactory\\ndetermination of character, competence and standing in the community;\\n (ii) at all times, any owner with a direct or indirect ownership\\ninterest who has not undergone a satisfactory determination of\\ncharacter, competence and standing in the community review must possess\\na less than ten percent direct or indirect interest in the entity, until\\na satisfactory determination has been made; and\\n (iii) for any natural person proposed to be an owner, directly or\\nindirectly, of the entity who is a controlling person, as defined in\\nsection four hundred sixty-one-b of the social services law, or is a\\nmember, director, or officer of an existing licensed operator under this\\nsection, such existing licensed operator must be in good standing with\\nthe department; and\\n (b) for any not-for-profit corporation or other entity not under\\nparagraph (a) of this subdivision:\\n (i) more than half of the entity's total board members, directors,\\nofficers and controlling persons, as defined in section four hundred\\nsixty-one-b of the social services law, shall have previously undergone\\na satisfactory determination of character, competence and standing in\\nthe community; and\\n (ii) if any natural person proposed to be a board member, director, or\\nofficer of the entity has an ownership interest, directly or indirectly,\\nor is a board member, director, officer, or controlling person, as\\ndefined in section four hundred sixty-one-b of the social services law,\\nin an existing licensed operator under this section, such existing\\nlicensed operator must also be in good standing with the department.\\n 2-b. For purposes of subdivision two of this section, \"good standing\"\\nshall mean the operator and its affiliate have not (i) received any\\nofficial written notice from the department of a proposed revocation,\\nsuspension, denial or limitation on the operating certificate of the\\nfacility or residence; (ii) within the previous three years, been\\nassessed a civil penalty after a hearing conducted pursuant to\\nsubparagraph one of paragraph (b) of subdivision seven of section four\\nhundred sixty-d of the social services law for a violation that has not\\nbeen rectified; (iii) within the previous year, received any official\\nwritten notice from the department of a proposed assessment of a civil\\npenalty for a violation described in subparagraph two of paragraph (b)\\nof subdivision seven of section four hundred sixty-d of the social\\nservices law; (iv) within the previous three years, been issued an order\\npursuant to subdivision two, five, six, or eight of section four hundred\\nsixty-d of the social services law; (v) within the previous three years,\\nbeen placed on, and if placed on, removed from the department's \"do not\\nrefer list\" pursuant to subdivision fifteen of section four hundred\\nsixty-d of the social services law. Provided, however, that in the case\\nof an operator or affiliate that is not in good standing as provided in\\nthis paragraph, the department may permit the operator or affiliate to\\nuse the streamlined application process, in its discretion, if it\\ndetermines that the disqualifying violation was an isolated occurrence\\nthat was promptly corrected by the operator or affiliate.\\n * NB There are 2 § 4653's\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 2 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A46-BT3", "title" : "Enhanced Assisted Living Certificate", "docType" : "TITLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3", "activeDate" : "2014-09-22", "sequenceNo" : 1858, "repealedDate" : null, "fromSection" : "4654*2", "toSection" : "4655*2", "text" : " TITLE III\\n ENHANCED ASSISTED LIVING CERTIFICATE\\nSection 4654*2. General requirements; applicability of laws to enhanced\\n assisted living.\\n 4655*2. Certification procedures and requirements.\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4654*2", "title" : "General requirements; applicability of laws to enhanced assisted living", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4654*2", "activeDate" : "2014-09-22", "sequenceNo" : 1859, "repealedDate" : null, "fromSection" : "4654*2", "toSection" : "4654*2", "text" : " * § 4654. General requirements; applicability of laws to enhanced\\nassisted living. Nothing in this article shall require a residence to\\nobtain an enhanced assisted living certificate pursuant to this title\\nunless such residence elects to provide aging in place by retaining\\nresidents described in subdivision fifteen of section four thousand six\\nhundred fifty-one of this article.\\n * NB There are 2 § 4654's\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4655*2", "title" : "Certification procedures and requirements", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4655*2", "activeDate" : "2014-09-22", "sequenceNo" : 1860, "repealedDate" : null, "fromSection" : "4655*2", "toSection" : "4655*2", "text" : " * § 4655. Certification procedures and requirements. 1.\\nNotwithstanding any other provision of law, an assisted living operator\\nmay apply to the department to obtain an enhanced assisted living\\ncertificate pursuant to this section.\\n (a) Such application shall be on a form approved by the department.\\n (b) An assisted living operator may apply for such a certificate for\\nthe entire facility or any number of beds at the facility.\\n (c) To obtain an enhanced assisted living certificate, the applicant\\nmust submit a plan to the department setting forth how the additional\\nneeds of residents will be safely and appropriately met at such\\nresidence. Such plan shall include, but need not be limited to, a\\nwritten description of services, staffing levels, staff education and\\ntraining, work experience, and any environmental modifications that have\\nbeen made or will be made to protect the health, safety and welfare of\\nsuch persons in the residence.\\n (d) In addition to any other requirements of assisted living, an\\noperator of enhanced assisted living may hire care staff directly\\npursuant to standards developed by the department or contract with a\\nhome care services agency which has been approved to operate pursuant to\\narticle thirty-six of this chapter.\\n (e) No assisted living residence shall be certified as enhanced\\nassisted living unless and until the applicant obtains the written\\napproval of the department.\\n 2. No resident shall be permitted to continue to age in place under\\nthe terms of an enhanced assisted living certificate unless the\\noperator, the resident's physician, and, if applicable, the resident's\\nlicensed or certified home care agency, agree that the additional needs\\nof the resident can be safely and appropriately met at the residence. A\\nresident eligible for enhanced assisted living or his or her\\nrepresentative shall submit to the residence a written report from a\\nphysician, which report shall state that:\\n (a) the physician has physically examined the resident within the last\\nmonth; and\\n (b) the resident is not in need of twenty-four hour skilled nursing\\ncare or medical care which would require placement in a hospital or\\nresidential health care facility.\\n 3. The residence must notify a resident that, while the residence will\\nmake reasonable efforts to facilitate the resident's ability to age in\\nplace pursuant to an individualized service plan, there may be a point\\nreached where the needs of the resident cannot be safely or\\nappropriately met at the residence, requiring the transfer of the\\nresident to a more appropriate facility in accordance with the\\nprovisions of this article.\\n 4. If a resident reaches the point where he or she is in need of\\ntwenty-four hour skilled nursing care or medical care required to be\\nprovided by facilities licensed pursuant to article twenty-eight of this\\nchapter or article nineteen, thirty-one or thirty-two of the mental\\nhygiene law, then the resident must be discharged from the residence and\\nthe operator shall initiate proceedings for the termination of the\\nresidency agreement of such resident in accordance with the provisions\\nof section four hundred sixty-one-h of the social services law.\\nProvided, however, a resident may remain at the residence if each of the\\nfollowing conditions are met:\\n (a) a resident in need of twenty-four hour skilled nursing care or\\nmedical care hires appropriate nursing, medical or hospice staff to care\\nfor his or her increased needs;\\n (b) the resident's physician and home care services agency both\\ndetermine and document that, with the provision of such additional\\nnursing, medical or hospice care, the resident can be safely cared for\\nin the residence, and would not require placement in a hospital, nursing\\nhome or other facility licensed under article twenty-eight of this\\nchapter or article nineteen, thirty-one or thirty-two of the mental\\nhygiene law;\\n (c) the operator agrees to retain the resident and to coordinate the\\ncare provided by the operator and the additional nursing, medical or\\nhospice staff; and\\n (d) the resident is otherwise eligible to reside at the residence.\\n 5. In addition to the requirements otherwise required for licensure as\\nassisted living, any residence that advertises or markets itself as\\nserving individuals with special needs, including, but not limited to,\\nindividuals with dementia or cognitive impairments, must submit a\\nspecial needs plan to the department setting forth how the special needs\\nof such residents will be safely and appropriately met at such\\nresidence. Such plan shall include, but need not be limited to, a\\nwritten description of specialized services, staffing levels, staff\\neducation and training, work experience, professional affiliations or\\nspecial characteristics relevant to serving persons with special needs,\\nand any environmental modifications that have been made or will be made\\nto protect the health, safety and welfare of such persons in the\\nresidence. In approving an application for special needs certification,\\nthe department shall develop standards to ensure adequate staffing and\\ntraining in order to safely meet the needs of the resident. The\\nstandards shall be based upon recommendations of the task force\\nestablished by section five of the chapter of the laws of two thousand\\nfour which added this section. No residence shall market themselves as\\nproviding specialized services unless and until the department has\\napproved such applicant for a special needs assisted living certificate.\\n 6. An enhanced assisted living certificate shall not be required of an\\nadult care facility, or part thereof, which has obtained approval by the\\ndepartment to operate an assisted living program pursuant to section\\nfour hundred sixty-one-l of the social services law. Provided, however,\\nsuch exemption shall only apply to those beds at the facility which are\\nsubject to the assisted living program.\\n * NB There are 2 § 4655's\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 2 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A46-BT4", "title" : "General Requirements", "docType" : "TITLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4", "activeDate" : "2014-09-22", "sequenceNo" : 1861, "repealedDate" : null, "fromSection" : "4656*2", "toSection" : "4663*2", "text" : " TITLE IV\\n GENERAL REQUIREMENTS\\nSection 4656*2. General requirements; applicability of laws to assisted\\n living and enhanced assisted living.\\n 4657*2. Residency admission.\\n 4658*2. Residency agreement and disclosures.\\n 4659*2. Individualized service plan.\\n 4660*2. Rights of residents in assisted living residences.\\n 4661*2. Resident funds.\\n 4662*2. Powers of the commissioner.\\n 4663*2. Penalties and enforcement.\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4656*2", "title" : "General requirements; applicability of laws to assisted living and enhanced assisted living", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2024-12-20", "2025-01-17", "2025-02-21" ], "docLevelId" : "4656*2", "activeDate" : "2014-09-22", "sequenceNo" : 1862, "repealedDate" : null, "fromSection" : "4656*2", "toSection" : "4656*2", "text" : " * § 4656. General requirements; applicability of laws to assisted\\nliving and enhanced assisted living. 1. No entity shall establish,\\noperate, provide, conduct, or offer assisted living in this state, or\\nhold itself out as an entity which otherwise meets the definition of\\nassisted living or advertise itself as assisted living or by a similar\\nterm, without obtaining the approval of the department to operate as an\\nadult care facility pursuant to title two of article seven of the social\\nservices law, obtaining the approval of the department as required in\\nthis article, and otherwise acting in accordance with this article.\\nProvided however that an entity may simultaneously apply for approval to\\noperate as an adult care facility and as an assisted living residence\\npursuant to this article. This subdivision shall not apply to assisted\\nliving programs approved by the department pursuant to section four\\nhundred sixty-one-l of the social services law.\\n 2. An assisted living operator shall comply with all applicable\\nstatutes, rules and regulations required for maintaining a valid\\noperating certificate issued pursuant to title two of article seven of\\nthe social services law and shall obtain and maintain all other\\nlicenses, permits, registrations, or other governmental approvals\\nrequired in addition to requirements under this article.\\n 3. Approval for licensure or certification pursuant to this article\\nmay be granted only to an applicant who satisfactorily demonstrates:\\n (a) that such applicant possesses a valid operating certificate to\\noperate as an adult home or enriched housing program pursuant to article\\nseven of the social services law. An applicant that does not currently\\npossess such operating certificate as an adult home or enriched housing\\nprogram may simultaneously apply and be approved for such certificate\\nand all other licenses and certifications authorized under this article;\\n (b) that such applicant which has an existing valid adult care\\nfacility operating certificate, is in good standing with the department.\\nFor purposes of this subdivision, good standing shall mean the applicant\\nhas not (i) received any official written notice from the department of\\na proposed revocation, suspension, denial or limitation on the operating\\ncertificate of the facility or residence; (ii) within the previous three\\nyears, been assessed a civil penalty after a hearing conducted pursuant\\nto subparagraph one of paragraph (b) of subdivision seven of section\\nfour hundred sixty-d of the social services law for a violation that has\\nnot been rectified; (iii) within the previous year, received any\\nofficial written notice from the department of a proposed assessment of\\na civil penalty for a violation described in subparagraph two of\\nparagraph (b) of subdivision seven of section four hundred sixty-d of\\nthe social services law; (iv) within the previous three years, been\\nissued an order pursuant to subdivision two, five, six, or eight of\\nsection four hundred sixty-d of the social services law; (v) within the\\nprevious three years, been placed on, and if placed on, removed from the\\ndepartment's \"do not refer list\" pursuant to subdivision fifteen of\\nsection four hundred sixty-d of the social services law. Provided\\nhowever that in the case of an applicant which otherwise meets the\\nrequirements of this section, but is not in good standing as provided in\\nthis paragraph, the department may approve said applicant if it\\ndetermines that the applicant is of good moral character and is\\ncompetent to operate the residence. Such character and competence review\\nshall be limited to applicants not in good standing pursuant to this\\nparagraph or an applicant subject to paragraph (f) of this subdivision.\\nAs part of the review provided pursuant to this paragraph, the\\ndepartment shall, on its webpage, solicit and consider public comment;\\n (c) that such applicant has adequate financial resources to provide\\nsuch assisted living as proposed;\\n (d) that the building, equipment, staff, standards of care and records\\nto be employed in the operation comply with applicable statutes and any\\napplicable local law;\\n (e) that any license or permit required by law for the operation of\\nsuch residence has been issued to such operator; and\\n (f) in the case of an applicant which does not have an existing valid\\nadult care facility operating certificate, such applicant shall\\notherwise comply with the provisions for certification as prescribed by\\narticle seven of the social services law.\\n 4. The department shall develop an expedited review and approval\\nprocess for applications for up to nine additional beds to an existing\\nenhanced or special needs assisted living certificate qualified as being\\nin good standing under section forty-six hundred fifty-three of this\\narticle.\\n 5. The knowing operation of an assisted living or enhanced assisted\\nliving residence without the prior written approval of the department\\nshall be a class A misdemeanor.\\n 6. Every assisted living residence that is required to possess an\\nassisted living residence license shall be licensed on a biennial basis\\nand shall pay a biennial licensure fee. Such fee shall be five hundred\\ndollars per license, with an additional fee of fifty dollars per\\nresident whose annual income is above four hundred percent of the\\nfederal poverty level. Such additional fee shall be based on the total\\noccupied beds at the time of application, up to a maximum biennial\\nlicensure fee of five thousand dollars. Said fee shall be in addition to\\nthe fee charged by the department for certification as an adult care\\nfacility. Every assisted living residence that applies for an enhanced\\nassisted living certificate or a special needs assisted living\\ncertificate shall pay an additional biennial fee, in addition to any\\nother fee required by this subdivision, in the amount of two thousand\\ndollars, provided that for any residence applying for both an enhanced\\nassisted living certificate and a special needs assisted living\\ncertificate the amount of such fee shall be three thousand dollars.\\n 7. The requirements of this article shall be in addition to those\\nrequired of an adult care facility. In the event of a conflict between\\nany provision of this article and a provision of article seven of the\\nsocial services law or a regulation adopted thereunder, the applicable\\nprovision of this article or the applicable regulation shall supersede\\narticle seven of the social services law or the applicable regulation\\nthereunder to the extent of such conflict.\\n 8. The assisted living operator shall not use deceptive or coercive\\nmarketing practices to encourage residents or potential residents to\\nsign or reauthorize the residency agreement required pursuant to section\\nfour thousand six hundred fifty-eight of this article.\\n * NB There are 2 § 4656's\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4657*2", "title" : "Residency admission", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4657*2", "activeDate" : "2014-09-22", "sequenceNo" : 1863, "repealedDate" : null, "fromSection" : "4657*2", "toSection" : "4657*2", "text" : " * § 4657. Residency admission. 1. An assisted living operator shall\\nconduct an initial pre-admission evaluation of a prospective resident to\\ndetermine whether or not the individual is appropriate for admission to\\nthe assisted living residence. Such evaluation shall be conducted by the\\noperator and, if necessary, in conjunction with a home care services\\nagency or appropriate employee pursuant to paragraph (d) of subdivision\\none of section four thousand six hundred fifty-five of this article. The\\noperator shall conduct all such evaluations using an evaluation tool\\ndeveloped by the department, to be based on the recommendations of the\\ntask force created pursuant to section five of the chapter of the laws\\nof two thousand four which added this section or one developed by the\\noperator that receives approval by the department.\\n 2. The assisted living operator shall not admit any resident if the\\noperator is not able to meet the care needs of the resident within the\\nscope of services authorized under this article, and the individualized\\nservice plan; provided, further that no operator shall admit any\\nresident in need of twenty-four hour skilled nursing care.\\n 3. (a) At the time of the admission to an assisted living residence, a\\nresident shall submit to the facility a written report from a physician,\\na physician assistant or a nurse practitioner, which report shall state:\\n (i) that the physician, physician assistant or nurse practitioner has\\nphysically examined the resident within one month and the date of such\\nexamination;\\n (ii) that the resident is not in need of acute or long term medical or\\nnursing care which would require placement in a hospital or residential\\nhealth care facility; and\\n (iii) that the resident is not otherwise medically or mentally\\nunsuitable for care in the facility.\\n (b) For the purpose of creating an accessible and available record and\\nassuring that a resident is properly placed in such a facility, the\\nreport shall contain the resident's significant medical history and\\ncurrent conditions, the prescribed medication regimen, recommendations\\nfor diet, the assistance needed in the activities of daily living, and\\nwhere appropriate, recommendations for exercise, recreation and\\nfrequency of medical examinations.\\n (c) Such resident shall thereafter be examined by a physician, a\\nphysician assistant or a nurse practitioner at least annually, and shall\\nsubmit an annual written report in conformity with the provisions of\\nthis subdivision.\\n (d) Following a resident's stay in a hospital or residential health\\ncare facility, upon return to the assisted living residence, the\\nassisted living residence shall not be required to obtain the report in\\nparagraph (a) of this subdivision, and instead shall obtain a statement\\nfrom the discharging facility which shall:\\n (i) state that the resident is appropriate to return to the residence;\\nand\\n (ii) include the reason for the stay, the treatment plan to be\\nfollowed, and any new or changed orders, including medications.\\n The statement shall be completed by a physician, a physician assistant\\nor a nurse practitioner.\\n (e) Nothing required in this subdivision shall require the use of an\\nidentical form in adult care facilities and assisted living residences,\\neither upon admission or return.\\n * NB There are 2 § 4657's\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4658*2", "title" : "Residency agreement and disclosures", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4658*2", "activeDate" : "2014-09-22", "sequenceNo" : 1864, "repealedDate" : null, "fromSection" : "4658*2", "toSection" : "4658*2", "text" : " * § 4658. Residency agreement and disclosures. 1. Every operator shall\\nexecute with each resident a written residency agreement, in no less\\nthan twelve point type and written in plain language, which satisfies\\nthe requirements of this section. Such agreement shall:\\n (a) be dated and signed by the operator, the resident, resident's\\nrepresentative, and resident's legal representative, if any, and any\\nother party to be charged under the agreement;\\n (b) contain the entire agreement of the parties and shall include the\\ndisclosures required by subdivision three of this section.\\n 1-a. The resident, resident's representative and resident's legal\\nrepresentative, if any, shall be given a complete copy of the agreement\\nand all supporting documents and attachments and any changes whenever\\nchanges are made to the agreement.\\n 2. The residency agreement shall include, at a minimum:\\n (a) the name, telephone number, street address and mailing address of\\nthe residence;\\n (b) the name and mailing address of the owner of the residence and at\\nleast one natural person authorized to accept personal service on behalf\\nof the owner of the residence;\\n (c) the name and address of the assisted living operator and at least\\none natural person authorized to accept personal service on behalf of\\nthe operator;\\n (d) a statement, to be updated as necessary, describing the licensure\\nor certification status of the assisted living operator and any provider\\noffering home care services or personal care services under an\\narrangement with the residence, including a specific listing of such\\nproviders;\\n (e) the effective period of the agreement;\\n (f) a description of the services to be provided to the resident and\\nthe base rate to be paid by the resident for those services;\\n (g) a description of any additional services available for an\\nadditional, supplemental, or community fee from the assisted living\\noperator directly or through arrangements with the operator, stating who\\nwould provide such services, if other than such operator;\\n (h) a rate or fee schedule, including any additional, supplemental, or\\ncommunity fees charged for services provided to the resident, with a\\ndetailed explanation of which services and amenities are covered by such\\nrates, fees, or charges;\\n (i) a description of the process through which the agreement may be\\nmodified, amended, or terminated, and setting forth the terms and time\\nframes under which the agreement may be terminated by either party;\\n (j) a description of the complaint resolution process available to\\nresidents;\\n (k) the name of the resident's representative and resident's legal\\nrepresentative, if any, and a description of the representative's\\nresponsibilities;\\n (l) the criteria used by the operator to determine who may be admitted\\nand who may continue to reside in the residence, including criteria\\nrelated to the resident's care needs and compliance with reasonable\\nrules of the residence;\\n (m) procedures and standards for termination of contract, discharge\\nand transfer to another dwelling or facility;\\n (n) billing and payment procedures and requirements;\\n (o) procedures in the event the resident, resident's representative or\\nresident's legal representative are no longer able to pay for services\\nprovided for in the resident agreement or for additional services or\\ncare needed by the resident; and\\n (p) terms governing the refund of any previously paid fees or charges\\nin the event of a resident's discharge from the assisted living\\nresidence or termination of the resident agreement.\\n 3. In conjunction with any marketing materials and with the residency\\nagreement required by this section, the assisted living operator shall\\ndisclose on a separate information sheet in plain language and in twelve\\npoint type the following to (a) any individual who expresses an interest\\nin residing in the residence, and to his or her designated\\nrepresentative and his or her legal representative, if any, upon request\\nor prior to admission, whichever occurs first, and (b) any current\\nresident and to his or her designated representative and his or her\\nlegal representative, if any, if such information has not previously\\nbeen disclosed to them:\\n (i) the consumer information guide developed by the commissioner\\npursuant to subdivision one of section forty-six hundred sixty-two of\\nthis title;\\n (ii) a statement listing the residence's licensure and if it has an\\nenhanced assisted living certificate and/or special needs enhanced\\nassisted living certificate and the availability of enhanced assisted\\nliving and/or special needs beds;\\n (iii) any ownership interest in excess of ten percent on the part of\\nthe operator, whether legal or beneficial, in any entity which provides\\ncare, material, equipment or other services to residents;\\n (iv) any ownership interest in excess of ten percent on the part of\\nany entity which provides care, material, equipment or other services to\\nresidents, whether legal or beneficial, in the operator;\\n (v) a statement regarding the ability of residents to receive services\\nfrom service providers with whom the operator does not have an\\narrangement;\\n (vi) a statement that residents shall have the right to choose their\\nhealth care providers, notwithstanding any other agreement to the\\ncontrary;\\n (vii) a statement regarding the availability of public funds for\\npayment for residential, supportive or home health services including,\\nbut not limited to availability of coverage of home health services\\nunder title eighteen of the federal social security act (Medicare);\\n (viii) the department's toll free telephone number for reporting of\\ncomplaints regarding home care services and the services provided by the\\nassisted living operator; and\\n (ix) a statement regarding the availability of long term care\\nombudsman services and the telephone number of the local and state long\\nterm care ombudsman.\\n 4. Assisted living residency agreements and related documents executed\\nby each resident, resident's representative or resident's legal\\nrepresentative shall be maintained by the operator in files from the\\ndate of execution until three years after the agreement is terminated.\\nThe agreements shall be made available for inspection by the\\ncommissioner upon request at any time.\\n * NB There are 2 § 4658's\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4659*2", "title" : "Individualized service plan", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4659*2", "activeDate" : "2014-09-22", "sequenceNo" : 1865, "repealedDate" : null, "fromSection" : "4659*2", "toSection" : "4659*2", "text" : " * § 4659. Individualized service plan. 1. A written individualized\\nservice plan shall be developed for each resident of an assisted living\\nresidence upon admission.\\n 2. The individualized service plan shall be developed with the\\nresident, the resident's representative and resident's legal\\nrepresentative if any, the assisted living operator, and if necessary a\\nhome care services agency. The initial individualized service plan shall\\nbe developed in consultation with the resident's physician; provided\\nsuch consultation is documented in writing by the residence. If a\\nresident is determined by his or her physician not to be in need of home\\ncare services, the participation of a home care services agency in an\\nevaluation conducted pursuant to this subdivision shall not be\\nnecessary.\\n 3. The individualized service plan shall be developed in accordance\\nwith the medical, nutritional, rehabilitation, functional, cognitive and\\nother needs of the resident.\\n 4. The individualized service plan shall include the services to be\\nprovided, and how and by whom services will be provided and accessed.\\n 5. The individualized service plan shall be reviewed and revised as\\nfrequently as necessary to reflect the changing care needs of the\\nresident, but no less frequently than every six months. To the extent\\nnecessary, such review and revision shall be undertaken in consultation\\nwith the resident's physician.\\n * NB There are 2 § 4659's\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4660*2", "title" : "Rights of residents in assisted living residences", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4660*2", "activeDate" : "2014-09-22", "sequenceNo" : 1866, "repealedDate" : null, "fromSection" : "4660*2", "toSection" : "4660*2", "text" : " * § 4660. Rights of residents in assisted living residences. 1. The\\nprincipals enunciated in subdivision three of this section are declared\\nto be the public policy of the state and a copy of such statement of\\nrights and responsibilities shall be posted conspicuously in a public\\nplace in each residence covered hereunder.\\n 2. Every assisted living residence shall adopt and make public a\\nstatement of the rights and responsibilities of the residents residing\\nin such residence, and shall treat such residents in accordance with the\\nprovisions of such statement.\\n 3. Resident's rights and responsibilities shall include, but not be\\nlimited to the following:\\n (a) every resident's participation in assisted living shall be\\nvoluntary, and prospective residents shall be provided with sufficient\\ninformation regarding the residence to make an informed choice regarding\\nparticipation and acceptance of services;\\n (b) every resident's civil and religious liberties, including the\\nright to independent personal decisions and knowledge of available\\nchoices, shall not be infringed;\\n (c) every resident shall have the right to have private communications\\nand consultations with his or her physician, attorney, and any other\\nperson;\\n (d) every resident, resident's representative and resident's legal\\nrepresentative, if any, shall have the right to present grievances on\\nbehalf of himself or herself or others, to the residence's staff,\\nadministrator or assisted living operator, to governmental officials, to\\nlong term care ombudsmen or to any other person without fear of\\nreprisal, and to join with other residents or individuals within or\\noutside of the residence to work for improvements in resident care;\\n (e) every resident shall have the right to manage his or her own\\nfinancial affairs;\\n (f) every resident shall have the right to have privacy in treatment\\nand in caring for personal needs;\\n (g) every resident shall have the right to confidentiality in the\\ntreatment of personal, social, financial and medical records, and\\nsecurity in storing personal possessions;\\n (h) every resident shall have the right to receive courteous, fair and\\nrespectful care and treatment and a written statement of the services\\nprovided by the residence, including those required to be offered on an\\nas-needed basis;\\n (i) every resident shall have the right to receive or to send personal\\nmail or any other correspondence without interception or interference by\\nthe operator or any person affiliated therewith;\\n (j) every resident shall have the right not to be coerced or required\\nto perform the work of staff members or contractual work;\\n (k) every resident shall have the right to have security for any\\npersonal possessions if stored by the operator;\\n (l) every resident shall have the right to receive adequate and\\nappropriate assistance with activities of daily living, to be fully\\ninformed of their medical condition and proposed treatment, unless\\nmedically contraindicated, and to refuse medication, treatment or\\nservices after being fully informed of the consequences of such actions,\\nprovided that an operator shall not be held liable or penalized for\\ncomplying with the refusal of such medication, treatment or services by\\na resident who has been fully informed of the consequences of such\\nrefusal;\\n (m) every resident and visitor shall have the responsibility to obey\\nall reasonable regulations of the residence and to respect the personal\\nrights and private property of the other residents;\\n (n) every resident shall have the right to include their signed and\\nwitnessed version of the events leading to an accident or incident\\ninvolving such resident in any report of such accident or incident;\\n (o) every resident shall have the right to receive visits from family\\nmembers and other adults of the resident's choosing without interference\\nfrom the assisted living residence; and\\n (p) every resident shall have the right to written notice of any fee\\nincrease not less than forty-five days prior to the proposed effective\\ndate of the fee increase, provided however providing additional services\\nto a resident shall not be considered a fee increase pursuant to this\\nparagraph.\\n Waiver of any provision contained within this subdivision shall be\\nvoid;\\n 4. Each assisted living operator shall give a copy of the statement of\\nrights and responsibilities to each resident at or prior to the time of\\nadmission to the residence, the resident's representative and resident's\\nlegal representative, if any, and to each member of the residence's\\nstaff and any current resident.\\n * NB There are 2 § 4660's\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4661*2", "title" : "Resident funds", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4661*2", "activeDate" : "2014-09-22", "sequenceNo" : 1867, "repealedDate" : null, "fromSection" : "4661*2", "toSection" : "4661*2", "text" : " * § 4661. Resident funds. An assisted living operator or employee of a\\nresidence or any other entity which is a representative payee of a\\nresident of such residence pursuant to designation by the social\\nsecurity administration or which otherwise assumes management\\nresponsibility over the funds of a resident shall maintain such funds in\\na fiduciary capacity to the resident. Any interest on money received and\\nheld for the resident shall be the property of the individual resident.\\n * NB There are 2 § 4661's\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4662*2", "title" : "Powers of the commissioner", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4662*2", "activeDate" : "2014-09-22", "sequenceNo" : 1868, "repealedDate" : null, "fromSection" : "4662*2", "toSection" : "4662*2", "text" : " * § 4662. Powers of the commissioner. 1. The commissioner is hereby\\nauthorized to:\\n (a) develop, in consultation with the director of the state office for\\nthe aging, consumers, operators of assisted living residences and home\\ncare service agency providers, a consumer information guide to inform\\nand assist the consumer in the selection of an assisted living\\nresidence;\\n (b) promulgate, in consultation with the director of the state office\\nfor the aging, such rules and regulations as are necessary to implement\\nthe provisions of this article;\\n (c) receive and investigate complaints regarding the condition,\\noperation and quality of care of any entities holding themselves out as\\nassisted living, or advertising themselves by a similar term;\\n (d) make necessary investigations to procure information required to\\nimplement the provisions of this article; and\\n (e) exercise all other powers and functions as are necessary to\\nimplement the provisions of this article.\\n 2. Nothing in this section shall restrict the availability of powers\\notherwise available to the commissioner under the provisions of this\\nchapter and under the social services law.\\n * NB There are 2 § 4662's\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4663*2", "title" : "Penalties and enforcement", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4663*2", "activeDate" : "2014-09-22", "sequenceNo" : 1869, "repealedDate" : null, "fromSection" : "4663*2", "toSection" : "4663*2", "text" : " * § 4663. Penalties and enforcement. Any person who violates any\\nprovision of this article or any rule or regulation promulgated by the\\ndepartment, or the terms or conditions of any order or permit issued by\\nthe department pursuant to this article, shall be subject to the maximum\\npenalties which may be levied against a licensed adult care facility.\\n * NB There are 2 § 4663's\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 8 }, "repealed" : false } ], "size" : 4 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A47", "title" : "Shared Health Facilities", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "47", "activeDate" : "2014-09-22", "sequenceNo" : 1870, "repealedDate" : null, "fromSection" : "4700", "toSection" : "4718", "text" : " ARTICLE 47\\n SHARED HEALTH FACILITIES\\nSection 4700. Statement of legislative findings and intent.\\n 4702. Definitions.\\n 4704. Shared health facilities; registration.\\n 4706. Shared health facilities; required notification.\\n 4708. Shared health facilities; prohibited practices;\\n administrative requirements.\\n 4710. Shared health facilities; quality of care requirements.\\n 4710-a. Immunizations against poliomyelitis, mumps, measles,\\n diphtheria and rubella.\\n 4712. Shared health facilities; rules and regulations.\\n 4714. Shared health facilities advisory council.\\n 4716. Construction.\\n 4718. Separability.\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4700", "title" : "Statement of legislative findings and intent", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4700", "activeDate" : "2014-09-22", "sequenceNo" : 1871, "repealedDate" : null, "fromSection" : "4700", "toSection" : "4700", "text" : " § 4700. Statement of legislative findings and intent. The legislature\\nhereby finds that the provision of health care in shared health care\\nfacilities has become an important source of health services in this\\nstate and that such facilities are important mechanisms for the delivery\\nof health care services which have largely been created by the funding\\nprovisions of the state program of medical assistance for needy persons.\\nThe legislature also finds and declares that certain practices exist in\\nthe medical assistance program which have resulted in abuses requiring\\nthe regulation of shared health facilities. The legislature further\\ndeclares it to be the public policy of the state to regulate shared\\nhealth facilities and to set necessary standards for review of practices\\nand care rendered in those facilities.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4702", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4702", "activeDate" : "2014-09-22", "sequenceNo" : 1872, "repealedDate" : null, "fromSection" : "4702", "toSection" : "4702", "text" : " § 4702. Definitions. For the purposes of this article, the following\\nterms shall have the following meanings: 1. \"Program\" shall mean the New\\nYork state program of medical assistance for needy persons, as provided\\nin title XI of article five of the social services law.\\n 2. \"Shared health facility\" or \"facility\" means any arrangement\\nwherein four or more practitioners licensed under the provisions of\\narticle one hundred thirty-one, one hundred thirty-one-a, one hundred\\nthirty-two, one hundred thirty-three, one hundred thirty-seven, one\\nhundred thirty-nine, one hundred forty-one, one hundred forty-three, one\\nhundred forty-four, one hundred fifty-six or one hundred fifty-nine of\\nthe education law, one or more of whom receives payment under the\\nprogram and whose total aggregate monthly remuneration from such program\\nis in excess of five thousand dollars for any one month during the\\npreceding twelve months, (a) practice their professions at a common\\nphysical location; and (b) share (i) common waiting areas, examining\\nrooms, treatment rooms or other space, or (ii) the services of\\nsupporting staff, or (iii) equipment; and (c) a person, whether such\\nperson is a practitioner or not, is in charge of, controls, manages or\\nsupervises substantial aspects of the arrangement or operation for the\\ndelivery of health or medical services at said common physical location,\\nother than the direct furnishing of professional services by the\\npractitioners to their patients, or a person makes available to the\\npractitioners the services of supporting staff who are not employees of\\nthe practitioners. \"Shared health facility\" does not mean or include\\npractitioners practicing their profession as a partnership provided that\\nmembers of the supporting staff are employees of such legal entity and\\nif there is an office manager, or person with similar title, he is an\\nemployee of the legal entity whose compensation is customary and not\\nexcessive for such services and there is no person described in\\nparagraph (c) of this subdivision. \"Shared health facility\" does not\\nmean or include any entity organized pursuant to the provisions of\\narticle twenty-eight of this chapter or operating under a certificate\\nissued pursuant to the provisions of article thirteen of the mental\\nhygiene law; nor shall it mean or include a facility wherein ambulatory\\nmedical services are provided by an organized group of physicians\\npursuant to an arrangement between such group and a health services\\ncorporation operating under article forty-three of the insurance law or\\na health maintenance organization operating under article forty-four of\\nthe public health law, and where the health services corporation or the\\nhealth maintenance organization is reimbursed on a prepaid capitation\\nbasis for the provision of health care services under New York state's\\nmedical assistance program.\\n 3. \"Provider\" shall mean any qualified physicians, dentists, nurses,\\noptometrists, and other related professional personnel participating in\\nthe program.\\n 4. \"Purveyor\" shall mean any person, who, whether or not located in a\\nbuilding which houses a shared health facility, directly or indirectly,\\nengages in the business of supplying to patients any medical supplies,\\nequipment or services for which reimbursement under the program is\\nreceived, including, but not limited to, clinical laboratory services or\\nsupplies; x-ray laboratory services or supplies; inhalation therapy\\nservices or equipment; ambulance services; sick room supplies; physical\\ntherapy services or equipment; orthopedic or surgical appliances or\\nsupplies; drugs, medication or medical supplies; eyeglasses, lenses, or\\nother optical supplies or equipment; hearing aids or devices; and any\\nother goods, services, supplies, equipment or procedures prescribed,\\nordered, recommended or suggested for medical diagnosis, care or\\ntreatment.\\n 5. \"Patient\" shall mean anyone eligible to receive benefits under the\\nprovisions of the program.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4704", "title" : "Shared health facilities; registration", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4704", "activeDate" : "2014-09-22", "sequenceNo" : 1873, "repealedDate" : null, "fromSection" : "4704", "toSection" : "4704", "text" : " § 4704. Shared health facilities; registration. 1. No shared health\\nfacility shall be operated unless the owner of the premises in which the\\nshared health facility is located or, if the structure in which the\\nshared health facility is located has been leased pursuant to a lease,\\nthe lessee, shall:\\n (a) possess a valid registration issued pursuant to this article which\\nregistration may specify the kind or kinds of services the facility is\\nauthorized to provide; and\\n (b) establish and maintain a uniform system of reports and audits\\nmeeting the requirements of the commissioner.\\n 2. Application for a registration for a shared health facility shall\\nbe made upon such forms and at such times as prescribed by the\\ndepartment. The application shall contain:\\n (i) the name of the facility;\\n (ii) the kind or kinds of service to be provided;\\n (iii) the location and physical description of the facility;\\n (iv) the name and residence address of every person, partnership or\\ncorporation having any financial interest in the ownership (including\\nleasehold ownership) of the facility and the structure in which the\\nfacility is located;\\n (v) the name and residence address of every person, partnership or\\ncorporation holding any mortgage, lien, leasehold or any other security\\ninterest in the shared health facility or in any equipment located in\\nand used in connection with a shared health facility, and a brief\\ndescription of such lien or security interest;\\n (vi) the name, residence address and professional license number of\\nevery practitioner participating in the shared health facility;\\n (vii) the name and residence address of the individual designated to\\nassume responsibility for the central coordination and management of the\\nactivities of the shared health facility; and\\n (viii) such other information as the department may require.\\n 3. Any person who operates a shared health facility without a valid\\nregistration issued pursuant to this article shall be liable to the\\npeople of the state for a civil penalty not to exceed ten thousand\\ndollars for every such violation.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4706", "title" : "Shared health facilities; required notification", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4706", "activeDate" : "2014-09-22", "sequenceNo" : 1874, "repealedDate" : null, "fromSection" : "4706", "toSection" : "4706", "text" : " § 4706. Shared health facilities; required notification. 1. Each\\noperator shall notify the department within fifteen days of any change\\nin:\\n (a) the persons, partnerships or corporations having any financial\\ninterest in the ownership (including leasehold ownership) of the shared\\nhealth facility, or\\n (b) the persons, partnerships or corporations holding any mortgage,\\nlien, leasehold or any other security interests in the shared health\\nfacility or in any equipment located in and used in connection with a\\nshared health facility. A statement of the monetary and repayment\\nprovisions of that lien or security interest shall accompany such\\nnotification.\\n 2. Each operator shall notify the department within fifteen days of\\nthe termination of the services of the individual designated to assume\\nresponsibility for coordination and management of the activities of the\\nshared health facility, and of the name, residence address and\\nprofessional qualifications of any new individual appointed to assume\\nsuch central administrative responsibility.\\n 3. Each operator shall notify the department within fifteen days of\\nany termination of the services of any practitioner in the shared health\\nfacility, and of the name, residence address and license number of each\\npractitioner newly participating in the facility.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4708", "title" : "Shared health facilities; prohibited practices; administrative requirements", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4708", "activeDate" : "2014-09-22", "sequenceNo" : 1875, "repealedDate" : null, "fromSection" : "4708", "toSection" : "4708", "text" : " § 4708. Shared health facilities; prohibited practices; administrative\\nrequirements. With regard to shared health facilities: 1. The rental fee\\nfor letting of space to providers in a shared health facility shall not\\nbe calculated wholly or partially, directly or indirectly, as a\\npercentage of earnings or billings of the provider for services rendered\\non the premises in which the shared health facility is located. The\\noperator of each facility shall file a copy of each lease and any\\nrenewal thereof with the department;\\n 2. No purveyor, whether or not located in a building which houses a\\nshared health facility, shall directly or indirectly offer, pay or give\\nto any provider, and no provider shall directly or indirectly solicit,\\nrequest, receive or accept from any purveyor any sum of money, credit or\\nother valuable consideration for:\\n (a) recommending or procuring goods, services or equipment of such\\npurveyor, or\\n (b) directing patronage or clientele to such purveyor, or\\n (c) influencing any person to refrain from using or utilizing goods,\\nservices or equipment of any purveyor;\\n 3. No provider or purveyor may demand or collect any compensation in\\nexcess of the fee specified in the fee schedule of the program;\\n 4. No purveyor shall provide to a patient eligible to receive benefits\\nunder the provisions of the program any services, equipment,\\npharmaceutical or other medical supplies differing in quantity or in any\\nother respect from that described in the payment invoice submitted by\\nsuch purveyor to the department. No purveyor shall provide to any\\npatient eligible to receive benefits under the provisions of the program\\nany services, equipment, pharmaceutical or medical supplies differing in\\nquality, quantity or in any other respect from that prescribed by the\\nprovider;\\n 5. (a) No provider in a shared health facility or person employed in\\nsuch facility shall refer a patient to another provider located in such\\nfacility unless there is a medical need for such referral and unless the\\nrecords of the referring provider pertaining to such patient clearly\\nsets forth the justification for such referral;\\n (b) Every provider practicing in a shared health facility who treats a\\npatient referred to him by another provider practicing in the same\\nfacility shall communicate in writing to the referring provider the\\ndiagnostic evaluation and the therapy rendered. The referring provider\\nshall incorporate such information into the patient's permanent record;\\n (c) The invoice submitted to the program by the provider to whom such\\npatient has been referred shall (i) contain the actual signature and\\nprovider number of the referring provider and (ii) identify the medical\\nproblem which necessitated the referral;\\n 6. Any pharmacy maintaining a business in or adjacent to the building\\nin which a shared health facility is located shall prominently post a\\nnotice informing patients that all pharmaceuticals prescribed in the\\nprogram may be obtained at any pharmacy of the patient's choice enrolled\\nin the program;\\n 7. No purveyor who maintains a business in the building in which a\\nshared health facility is located shall maintain a door or window\\nopening into the offices or waiting room of the facility, except where\\nthe profession of the provider permits the provider to function\\nsimultaneously as a purveyor;\\n 8. All provider invoices submitted for services rendered at a shared\\nhealth facility shall: (a) contain the registration code of the facility\\nat which the service was performed, (b) clearly identify the\\npractitioner who provided the service, and (c) be signed by the provider\\nonly after the service has been performed;\\n 9. All orders issued by providers for ancillary clinical services,\\nincluding but not limited to, x-rays, electrocardiograms, clinical\\nlaboratory services, electroencephalograms, as well as orders for\\nmedical supplies and equipment, shall contain the code number assigned\\nto the facility at which the order was written; and\\n 10. Each provider or purveyor shall submit a true bill or invoice for\\nservices rendered in the program.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4710", "title" : "Shared health facilities; quality of care requirements", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4710", "activeDate" : "2014-09-22", "sequenceNo" : 1876, "repealedDate" : null, "fromSection" : "4710", "toSection" : "4710", "text" : " § 4710. Shared health facilities; quality of care requirements. 1. To\\nensure quality, continuity and proper coordination of medical care, each\\nshared health facility shall:\\n (a) designate an individual who shall coordinate and manage the\\nfacility's activities. The person so designated shall be responsible for\\ncompliance with the provisions of this article;\\n (b) devise an appropriate means of insuring that (i) patients will be\\nscheduled to return for appropriate follow-up care and (ii) will be\\ntreated by a practitioner familiar with the patient's medical history;\\n (c) post conspicuously the names and scheduled office hours of all\\npractitioners practicing in the facility;\\n (d) maintain proper records which shall contain at least the following\\ninformation:\\n (i) the full name, address and program number of each patient;\\n (ii) the dates of all visits to all providers in the shared health\\nfacility;\\n (iii) the chief complaint for each visit to each provider in the\\nshared health facility;\\n (iv) pertinent history and all physical examinations rendered by each\\nprovider in the shared health facility;\\n (v) diagnostic impressions for each visit to any provider in the\\nshared health facility;\\n (vi) all medications prescribed by any provider in the shared health\\nfacility;\\n (vii) the precise dosage and prescription regimens for each medication\\nprescribed by a provider in the shared health facility;\\n (viii) all x-ray, laboratory work and electrocardiograms ordered at\\neach visit by any provider in the shared health facility, and their\\nresults;\\n (ix) all referrals by providers in the shared health facility to other\\nmedical practitioners and the reason for such referrals; and\\n (x) a statement as to whether or not the patient is expected to return\\nfor further treatment and the dates of all return appointments;\\n (e) assign an individual and clearly identified practitioner to all\\npatients. This assignment may be changed at any time at the patient's\\ndiscretion;\\n (f) make available to registered patients either:\\n (i) the central answering service telephone number of each patient's\\ndesignated practitioner or such practitioner's personally designated\\ncolleagues, or\\n (ii) a centralized twenty-four-hour-a-day, seven-day-weekly telephone\\nline for off-hour emergency patient questions;\\n (g) maintain a central day-book registry which shall record:\\n (i) the name and program number of all patients entering the facility;\\nand\\n (ii) the chief complaint and the names of all providers whose services\\nwere requested by the patient and/or to whom such patient was referred;\\nand\\n (h) insure that the physical facilities of each shared health facility\\nshall provide for maximum privacy for all patients during examination,\\ninterview and treatment;\\n (i) post conspicuously the telephone number of the agency within the\\ndepartment of health which is responsible for providing information\\nconcerning shared health facilities and/or for receiving complaints\\nconcerning the provision of health care services at shared health\\nfacilities.\\n 2. It shall be the responsibility of each facility's administrator to\\nensure that patient records and summaries of all patient visits\\nincluding diagnosis and pharmaceuticals prescribed are at all times\\navailable at either the facility or at a place immediately accessible to\\nall health providers at the facility.\\n 3. Nothing in this article shall in any way be interpreted as\\ninfringing upon the patient's right to free selection of a personal\\npractitioner.\\n 4. The department shall have the right to inspect the business\\nrecords, patient records, leases and other contracts executed by any\\nprovider in a shared health facility. Such inspections may be by site\\nvisits to the facility.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4710-A", "title" : "Immunizations against poliomyelitis, mumps, measles, diphtheria and rubella", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4710-A", "activeDate" : "2014-09-22", "sequenceNo" : 1877, "repealedDate" : null, "fromSection" : "4710-A", "toSection" : "4710-A", "text" : " § 4710-a. Immunizations against poliomyelitis, mumps, measles,\\ndiphtheria and rubella. 1. It shall be the duty of the individual\\ndesignated to assume responsibility for the central coordination and\\nmanagement of the activities of the shared health facility to inquire of\\neach person receiving care who is under the age of eighteen, or of a\\nperson in parental relation to such person, whether all necessary\\nimmunizations have been received for poliomyelitis, mumps, measles,\\ndiphtheria and rubella and, if not, to make available such immunizations\\nand a certificate or certificates of such immunizations.\\n 2. This section shall not apply to children whose parent, parents, or\\nguardian are bona fide members of a recognized religious organization\\nwhose teachings are contrary to the practices herein required.\\n 3. If any physician licensed to practice medicine in this state\\ncertifies that such immunization may be detrimental to a child's health,\\nthe requirements of this section shall be inapplicable until such\\nimmunization may be found no longer to be detrimental to the child's\\nhealth.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4712", "title" : "Shared health facilities; rules and regulations", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2018-06-08" ], "docLevelId" : "4712", "activeDate" : "2018-06-08", "sequenceNo" : 1878, "repealedDate" : null, "fromSection" : "4712", "toSection" : "4712", "text" : " § 4712. Shared health facilities; rules and regulations. 1. The\\ndepartment shall have the authority to promulgate rules and regulations\\nrelative to the quality of care provided by shared health facilities,\\nand to otherwise effectuate the provisions of this article.\\n 2. (a) Subject to the provisions of paragraphs (b) and (c) of this\\nsubdivision and after such hearing the department may suspend or revoke\\nthe registration of a shared health facility for failure to comply with\\nany provision of this article applicable to such facility, or for\\nfailure to comply with the rules or regulations of the department\\npertaining thereto, or for fraudulent practices on the part of any of\\nthe providers or purveyors therein.\\n (b) No registration shall be revoked, suspended, limited or annulled\\nwithout a hearing. However, a registration may be temporarily suspended\\nor limited without a hearing for a period not in excess of thirty days\\nupon written notice to the shared health facility following a finding by\\nthe department that the public health or safety is in imminent danger.\\n (c) The commissioner shall fix a time and a place for the hearing. A\\ncopy of the charges, together with the notice of the time and place of\\nthe hearing shall be served in person or mailed by certified mail to\\nsuch facility at least twenty-one days before the date fixed for the\\nhearing. The shared health facility shall file with the department not\\nless than eight days prior to the hearing, a written answer to the\\ncharges.\\n (d) All orders or determinations hereunder shall be subject to review\\nas provided in article seventy-eight of the civil practice law and\\nrules. Application for such review must be made within sixty days after\\nservice in person or by certified mail of a copy of the order or\\ndetermination upon the applicant.\\n 3. Any provider or purveyor who violates any provision of this\\narticle, or of the rules and regulations promulgated pursuant thereto,\\nmay, subject to the findings of a hearing or review which he may request\\nof the department, be barred from collecting any payments under the\\nprogram from the date such violation occurs.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4714", "title" : "Shared health facilities advisory council", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4714", "activeDate" : "2014-09-22", "sequenceNo" : 1879, "repealedDate" : null, "fromSection" : "4714", "toSection" : "4714", "text" : " § 4714. Shared health facilities advisory council. 1. There is hereby\\ncreated a shared health facilities advisory council consisting of\\nnineteen members appointed by the commissioner for terms of three years.\\nFour of the members shall represent the public interest and shall not be\\na provider, consumer, or purveyor. Eight of the members shall represent\\nconsumers receiving services at shared health facilities, and seven\\nshall be selected from among recommendations made by organizations\\nrepresenting providers and purveyors. Of the members first appointed,\\nseven shall be appointed for terms expiring August thirty-first,\\nnineteen hundred seventy-nine, and six shall be appointed for terms\\nexpiring August thirty-first, nineteen hundred seventy-eight. Vacancies\\nshall be filled by appointment for the unexpired terms. The shared\\nhealth facilities advisory council shall select a chairman from among\\nits members.\\n 2. The shared health facilities advisory council shall meet as\\nfrequently as its business may require, but in any event at least three\\ntimes annually. Meetings may be held at the call of the chairman or the\\ncommissioner. The commissioner shall designate an officer or employee\\nof the department to act as secretary of the council. Each member shall\\nbe reimbursed for expenses actually and necessarily incurred by him in\\nthe performance of his official duties.\\n 3. The shared health facilities advisory council shall have no\\nexecutive, administrative or appointive duties. It shall have the duty\\nto advise the department on all aspects of shared health facilities\\nregulation and operation, including the rendering of recommendations\\nconcerning proposed department rules and regulations. The shared health\\nfacilities advisory council shall perform such other functions as the\\ncommissioner may prescribe.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4716", "title" : "Construction", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4716", "activeDate" : "2014-09-22", "sequenceNo" : 1880, "repealedDate" : null, "fromSection" : "4716", "toSection" : "4716", "text" : " § 4716. Construction. 1. Nothing herein shall be construed to impair\\nor affect the powers of the department to engage in any of its necessary\\nor proper activities.\\n 2. Notwithstanding any other provision of law, the provisions of\\narticle twenty-eight of this chapter shall not be construed to affect or\\napply to a shared health facility, nor shall the term \"hospital service\"\\nas used in that article be construed to mean or include services\\nrendered by individual practitioners participating in a shared health\\nfacility.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4718", "title" : "Separability", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4718", "activeDate" : "2014-09-22", "sequenceNo" : 1881, "repealedDate" : null, "fromSection" : "4718", "toSection" : "4718", "text" : " § 4718. Separability. If any clause, sentence, paragraph, subdivision,\\nsection or part of this article shall be adjudged by any court of\\ncompetent jurisdiction to be invalid, the judgment shall not affect,\\nimpair, or invalidate the remainder thereof, but shall be confined in\\nits operation to the clause, sentence, paragraph, subdivision, section\\nor part thereof directly involved in the controversy in which the\\njudgment shall have been rendered.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 11 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A48", "title" : "Toxic Substances", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22", "2017-08-04" ], "docLevelId" : "48", "activeDate" : "2017-08-04", "sequenceNo" : 1882, "repealedDate" : null, "fromSection" : "4800", "toSection" : "4808", "text" : " ARTICLE 48\\n TOXIC SUBSTANCES\\nSection 4800. Applicability.\\n 4801. Definitions.\\n 4802. Powers and duties of the commissioner.\\n 4803. Records and reports.\\n 4804. Outreach programs.\\n 4805. Trade secrets.\\n 4806. Public inquiries.\\n 4808. Separability.\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4800", "title" : "Applicability", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4800", "activeDate" : "2014-09-22", "sequenceNo" : 1883, "repealedDate" : null, "fromSection" : "4800", "toSection" : "4800", "text" : " § 4800. Applicability. It is the purpose of this article to ensure\\nthat employees are given information by their employers concerning the\\nnature of toxic substances which they may encounter in the workplace in\\nthe course of their employment.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4801", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4801", "activeDate" : "2014-09-22", "sequenceNo" : 1884, "repealedDate" : null, "fromSection" : "4801", "toSection" : "4801", "text" : " § 4801. Definitions. When used in this article:\\n 1. \"Workplace\" means any location away from the home, permanent or\\ntemporary, where any employee performs any work-related duty in the\\ncourse of his employment.\\n 2. \"Toxic substance\" means any substance which is listed in the latest\\nprinted edition of the National Institute for Occupational Safety and\\nHealth Registry of Toxic Effects of Chemical Substances or has yielded\\npositive evidence of acute or chronic health hazards in human, animal or\\nother biological testing.\\n 3. \"Employer\" means any individual, partnership, corporation or\\nassociation engaged in a business who has employees including the state\\nand its political subdivisions. The term \"employer\" does not include the\\nemployment of domestic workers or casual laborers employed at the place\\nof residence of his or her employer.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4802", "title" : "Powers and duties of the commissioner", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4802", "activeDate" : "2014-09-22", "sequenceNo" : 1885, "repealedDate" : null, "fromSection" : "4802", "toSection" : "4802", "text" : " § 4802. Powers and duties of the commissioner. 1. The commissioner or\\nhis designated representative from the department shall have the right\\nof entry at reasonable hours into any workplace when the commissioner\\nhas reason to believe that employees are being exposed to toxic\\nsubstances at hazardous levels to conduct such investigations as the\\ncommissioner authorizes. The commissioner shall make available to\\nappropriate authorities the results of any such investigation in which\\nhazardous levels of toxic substances are found.\\n 2. The commissioner may make public, available information containing\\ndescriptions of the toxic effects and the circumstances under which\\nthese effects are produced for toxic substances found in the course and\\nscope of employment. He shall prepare this information in a clear and\\ncoherent manner using words with common and everyday meanings to be\\nforwarded to the industrial commissioner of the department of labor for\\nuse in compliance with the provisions of article twenty-eight of the\\nlabor law. The information provided may be based on the Threshold Limit\\nValues For Chemical Substances And Physical Agents In The Workroom\\nEnvironment With Intended Changes For 1979, as amended from time to\\ntime, and the current Registry Of Toxic Effects Of Chemical Substances\\nOf The National Institute Of Occupational Safety And Health.\\n 3. The commissioner shall promulgate rules and regulations and take\\nall other actions necessary for the effective implementation of this\\narticle.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4803", "title" : "Records and reports", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4803", "activeDate" : "2014-09-22", "sequenceNo" : 1886, "repealedDate" : null, "fromSection" : "4803", "toSection" : "4803", "text" : " § 4803. Records and reports. 1. Upon request by the commissioner,\\nemployers shall provide to the commissioner copies of employee health\\nand exposure records maintained and supplied to the federal government\\nby employers as mandated under the following federal statutes and\\nregulations except as access by third parties may be limited therein:\\n (a) Toxic Substances Control Act;\\n (b) Occupational Safety and Health Act;\\n (c) Environmental Pesticide Control Act; and\\n (d) Nuclear Regulatory Commission, 10CFR section 20.102-20.409.\\n 2. Upon request by the commissioner employers shall provide the names\\nand addresses of present and former employees whenever the commissioner\\ndetermines that there is a health risk or disease relating to the\\nexposure of employees to a toxic substance or toxic substances.\\n 3. The commissioner shall not release any information with identifying\\nnames. The commissioner may, however, publish analyses of such reports\\nand information from time to time for scientific and public health\\npurposes, in such a manner as to assure that the identities of the\\nindividuals concerned cannot be ascertained and that information\\nprotected by applicable trade secret law is not divulged.\\n 4. The commissioner may require an employer to keep records of his\\nemployees' use of specific toxic substances when there is scientific\\nevidence to question the efficacy of the current threshold limit values\\nfor those substances. Such records shall be held solely for the purpose\\nof conducting epidemiologic research on occupational health.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4804", "title" : "Outreach programs", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4804", "activeDate" : "2014-09-22", "sequenceNo" : 1887, "repealedDate" : null, "fromSection" : "4804", "toSection" : "4804", "text" : " § 4804. Outreach programs. 1. The department may develop and implement\\noutreach programs to inform employees of their right to information\\nregarding the toxic effects and circumstances under which these effects\\nare produced by toxic substances found in the course of employment.\\n 2. The department is authorized and empowered to enter into\\ncontractual agreements with public and private organizations to develop\\nand implement such an outreach program.\\n 3. As part of the outreach program, health officials may maintain a\\nsupply of informational leaflets in public buildings, including but not\\nlimited to local employment services offices of the department of labor,\\ninstitutions and facilities under the supervision or control of the\\ndepartment of health, hospitals, union halls, community centers, schools\\nand local agencies providing services to employers and employees to help\\ninsure that such persons are informed of the toxic substance information\\nprogram. The department shall periodically distribute to newspapers,\\ntelevision and radio stations throughout the state public service\\nannouncements describing the toxic substance information outreach\\nprogram.\\n 4. The department of health shall develop informational leaflets\\nconcerning the toxic substance information program in cooperation with\\nthe industrial commissioner. The industrial commissioner may mail such\\nleaflets to employers.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4805", "title" : "Trade secrets", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4805", "activeDate" : "2014-09-22", "sequenceNo" : 1888, "repealedDate" : null, "fromSection" : "4805", "toSection" : "4805", "text" : " § 4805. Trade secrets. 1. When a manufacturer, producer, formulator or\\nemployer considers the identity of or other information concerning a\\ntoxic chemical substance to be a protectable trade secret whose\\ndisclosure would compromise his competitive advantage, he may register\\nthis information as secret with the commissioner provided that such\\ninformation is already registered as a trade secret pursuant to any\\nprovision of federal law or such information is not registered as a\\ntrade secret but is related to a proprietary process the disclosure of\\nwhich would compromise his competitive position.\\n 2. The commissioner shall not release any data which discloses any\\ntrade secret or proprietary process unless he shall notify, in writing\\nand by certified mail, the submitter of such information of the intent\\nto release the data. The commissioner may not release the information,\\nwithout the submitter's consent, until the thirtieth day after the\\nsubmitter has been furnished such notice. Any subsequent release shall\\nbe pursuant to applicable provisions relating to trade secrets or the\\nFreedom of Information Act.\\n 3. In the event that a substance as to which information is sought is\\nregistered as a component of a trade secret or otherwise protected as a\\nproprietary process, the employer, pursuant to procedures established by\\nthe commissioner, shall inform employees or their representatives, as to\\nthe toxic effects and the circumstances under which these effects are\\nproduced for those toxic substances whose identity has been duly\\nregistered with the commissioner as a component of a trade secret or a\\nproprietary process but shall not be required to divulge the specific\\nidentity of the substance.\\n 4. No officer, employee or agent of any state or municipal department,\\nagency, commission or authority shall disclose to anyone in any manner\\nany record or portions thereof protected pursuant to this article and\\nwhich are within his custody or knowledge for so long as such record or\\nportions thereof shall be so exempted or until a final judicial denial\\nof such exemption is rendered. Any person who violates any provision of\\nthis subdivision may be fined, imprisoned, suspended or removed from\\noffice or employment in the manner provided by law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4806", "title" : "Public inquiries", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4806", "activeDate" : "2014-09-22", "sequenceNo" : 1889, "repealedDate" : null, "fromSection" : "4806", "toSection" : "4806", "text" : " § 4806. Public inquiries. Within the limits of any moneys appropriated\\ntherefor, the department shall process all inquiries it receives from\\nmanufacturers, importers and employers regarding the toxic effects and\\ncircumstances under which these effects are produced for toxic\\nsubstances found in the workplace.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4808", "title" : "Separability", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4808", "activeDate" : "2014-09-22", "sequenceNo" : 1890, "repealedDate" : null, "fromSection" : "4808", "toSection" : "4808", "text" : " § 4808. Separability. If any section, clause or provision of this\\narticle shall be unconstitutional or be ineffective in whole or in part,\\nto the extent that it is not unconstitutional or ineffective, it shall\\nbe valid and effective and no other section, clause or provision shall\\non account thereof be deemed invalid or ineffective.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 8 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A49", "title" : "Utilization Review and External Appeal", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22", "2021-12-31", "2023-01-06", "2023-05-12", "2023-06-23" ], "docLevelId" : "49", "activeDate" : "2014-09-22", "sequenceNo" : 1891, "repealedDate" : null, "fromSection" : "4900", "toSection" : "4917", "text" : " ARTICLE 49\\n UTILIZATION REVIEW AND EXTERNAL APPEAL\\nTitle I. Certification of agents and utilization review process\\n (§§4900-4908).\\n II. Right to external appeal (§§4910-4917).\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A49T1", "title" : "Certification of Agents and Utilization Review Process", "docType" : "TITLE", "publishedDates" : [ "2014-09-22", "2021-12-31", "2023-01-06", "2023-05-12", "2023-06-23", "2023-09-08" ], "docLevelId" : "1", "activeDate" : "2014-09-22", "sequenceNo" : 1892, "repealedDate" : null, "fromSection" : "4900", "toSection" : "4908", "text" : " TITLE I\\n CERTIFICATION OF AGENTS AND UTILIZATION REVIEW PROCESS\\nSection 4900. Definitions.\\n 4901. Registration of utilization review agents.\\n 4902. Utilization review program standards.\\n 4903. Utilization review determinations.\\n 4904. Appeal of adverse determinations by utilization review\\n agents.\\n 4905. Required and prohibited practices.\\n 4906. Waiver.\\n 4907. Rights and remedies.\\n 4908. Applicability to ERISA Plans.\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4900", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-04-10", "2017-01-06", "2019-04-19", "2020-01-10", "2023-01-06", "2023-05-12", "2023-06-23", "2023-07-07", "2023-07-28", "2023-09-08", "2024-01-05", "2026-05-29", "2026-06-05" ], "docLevelId" : "4900", "activeDate" : "2019-04-19", "sequenceNo" : 1893, "repealedDate" : null, "fromSection" : "4900", "toSection" : "4900", "text" : " § 4900. Definitions. For purposes of this article:\\n 1. \"Adverse determination\" means a determination by a utilization\\nreview agent that an admission, extension of stay, or other health care\\nservice, upon review based on the information provided, is not medically\\nnecessary.\\n 2. \"Clinical peer reviewer\" means:\\n (a) for purposes of title one of this article:\\n (i) a physician who possesses a current and valid non-restricted\\nlicense to practice medicine; or\\n (ii) a health care professional other than a licensed physician who:\\n (A) where applicable, possesses a current and valid non-restricted\\nlicense, certificate or registration or, where no provision for a\\nlicense, certificate or registration exists, is credentialed by the\\nnational accrediting body appropriate to the profession; and\\n (B) is in the same profession and same or similar specialty as the\\nhealth care provider who typically manages the medical condition or\\ndisease or provides the health care service or treatment under review;\\nor\\n * (iii) for purposes of a determination involving substance use\\ndisorder treatment:\\n (A) a physician who possesses a current and valid non-restricted\\nlicense to practice medicine and who specializes in behavioral health\\nand has experience in the delivery of substance use disorder courses of\\ntreatment; or\\n (B) a health care professional other than a licensed physician who\\nspecializes in behavioral health and has experience in the delivery of\\nsubstance use disorder courses of treatment and, where applicable,\\npossesses a current and valid non-restricted license, certificate or\\nregistration or, where no provision for a license, certificate or\\nregistration exists, is credentialed by the national accrediting body\\nappropriate to the profession; and\\n * NB Effective until January 1, 2020\\n * (iii) for purposes of a determination involving substance use\\ndisorder treatment:\\n (A) a physician who possesses a current and valid non-restricted\\nlicense to practice medicine and who specializes in behavioral health\\nand has experience in the delivery of substance use disorder courses of\\ntreatment; or\\n (B) a health care professional other than a licensed physician who\\nspecializes in behavioral health and has experience in the delivery of\\nsubstance use disorder courses of treatment and, where applicable,\\npossesses a current and valid non-restricted license, certificate or\\nregistration or, where no provision for a license, certificate or\\nregistration exists, is credentialed by the national accrediting body\\nappropriate to the profession; or\\n * NB Effective January 1, 2020\\n * (iv) for purposes of a determination involving treatment for a\\nmental health condition:\\n (A) a physician who possesses a current and valid non-restricted\\nlicense to practice medicine and who specializes in behavioral health\\nand has experience in the delivery of mental health courses of\\ntreatment; or\\n (B) a health care professional other than a licensed physician who\\nspecializes in behavioral health and has experience in the delivery of a\\nmental health courses of treatment and, where applicable, possesses a\\ncurrent and valid non-restricted license, certificate, or registration\\nor, where no provision for a license, certificate or registration\\nexists, is credentialed by the national accrediting body appropriate to\\nthe profession; and\\n * NB Effective January 1, 2020\\n (b) for purposes of title two of this article:\\n (i) a physician who:\\n (A) possesses a current and valid non-restricted license to practice\\nmedicine;\\n (B) where applicable, is board certified or board eligible in the same\\nor similar specialty as the health care provider who typically manages\\nthe medical condition or disease or provides the health care service or\\ntreatment under appeal;\\n (C) has been practicing in such area of specialty for a period of at\\nleast five years; and\\n (D) is knowledgeable about the health care service or treatment under\\nappeal; or\\n (ii) a health care professional other than a licensed physician who:\\n (A) where applicable, possesses a current and valid non-restricted\\nlicense, certificate or registration;\\n (B) where applicable, is credentialed by the national accrediting body\\nappropriate to the profession in the same profession and same or similar\\nspecialty as the health care provider who typically manages the medical\\ncondition or disease or provides the health care service or treatment\\nunder appeal;\\n (C) has been practicing in such area of specialty for a period of at\\nleast five years;\\n (D) is knowledgeable about the health care service or treatment under\\nappeal; and\\n (E) where applicable to such health care professional's scope of\\npractice, is clinically supported by a physician who possesses a current\\nand valid non-restricted license to practice medicine.\\n (c) Nothing herein shall be construed to change any\\nstatutorily-defined scope of practice.\\n 2-a. \"Clinical standards\" means those guidelines and standards set\\nforth in the utilization review plan by the utilization review agent\\nwhose adverse determination is under appeal.\\n 2-b. \"Clinical trial\" means a peer-reviewed study plan which has been\\n (a) reviewed and approved by a qualified institutional review board,\\nand\\n (b) approved by one of the National Institutes of Health (NIH), or an\\nNIH cooperative group or an NIH center, or the Food and Drug\\nAdministration in the form of an investigational new drug exemption, or\\nthe federal Department of Veteran Affairs, or a qualified\\nnongovernmental research entity as identified in guidelines issued by\\nindividual NIH Institutes for center support grants, or an institutional\\nreview board of a facility which has a multiple project assurance\\napproved by the Office of Protection from Research Risks of the National\\nInstitutes of Health.\\n As used in this subdivision, the term \"cooperative groups\" means\\nformal networks of facilities that collaborate on research projects and\\nhave established NIH-approved peer review programs operating within\\ntheir groups; and that include, but are not limited to, the National\\nCancer Institute (NCI) Clinical Cooperative Groups, the NCI Community\\nClinical Oncology Program (CCOP), the AIDS Clinical Trials Groups\\n(ACTG), and the Community Programs for Clinical Research in AIDS\\n(CPCRA).\\n 2-c. \"Disabling condition or disease\" means a condition or disease\\nwhich, according to the current diagnosis of the enrollee's attending\\nphysician, is consistent with the definition of \"disabled person\"\\npursuant to subdivision five of section two hundred eight of the social\\nservices law.\\n 3. \"Emergency condition\" means a medical or behavioral condition, that\\nmanifests itself by acute symptoms of sufficient severity, including\\nsevere pain, such that a prudent layperson, possessing an average\\nknowledge of medicine and health, could reasonably expect the absence of\\nimmediate medical attention to result in (a) placing the health of the\\nperson afflicted with such condition in serious jeopardy, or in the case\\nof a behavioral condition, placing the health of such person or others\\nin serious jeopardy; (b) serious impairment to such person's bodily\\nfunctions; (c) serious dysfunction of any bodily organ or part of such\\nperson; (d) serious disfigurement of such person; or (e) a condition\\ndescribed in clause (i), (ii) or (iii) of section 1867(e)(1)(A) of the\\nSocial Security Act.\\n 4. \"Enrollee\" means a person subject to utilization review.\\n 4-a. \"Experimental and investigational treatment review plan\" means:\\n (a) a description of the process for developing the written clinical\\nreview criteria used in rendering an experimental and investigational\\ntreatment review determination; and\\n (b) a description of the qualifications and experience of the clinical\\npeers who developed the criteria, who are responsible for periodic\\nevaluation of the criteria, and who use the written clinical review\\ncriteria in the process of reviewing proposed experimental and\\ninvestigational health services and procedures.\\n 4-b. \"External appeal\" means an appeal conducted by an external appeal\\nagent in accordance with the provisions of section forty-nine hundred\\nfourteen of this article.\\n 4-c. \"External appeal agent\" means an entity certified by the\\ncommissioner pursuant to section forty-nine hundred eleven of this\\narticle.\\n 4-d. \"Final adverse determination\" means an adverse determination\\nwhich has been upheld by a utilization review agent with respect to a\\nproposed health care service following a standard appeal, or an\\nexpedited appeal where applicable, pursuant to section forty-nine\\nhundred four of this title.\\n 4-e. \"Health care plan\" means any organization certified under article\\nforty-four of this chapter.\\n 5. (a) For purposes of this title and for appeals requested pursuant\\nto paragraph (a) of subdivision two of section forty-nine hundred ten of\\ntitle two of this article, \"health care service\" means:\\n (i) health care procedures, treatments or services\\n (A) provided by a facility licensed pursuant to article twenty-eight,\\nthirty-six, forty-four or forty-seven of this chapter or pursuant to\\narticle nineteen, twenty-three, thirty-one or thirty-two of the mental\\nhygiene law; or\\n (B) provided by a health care professional; and\\n (ii) the provision of pharmaceutical products or services or durable\\nmedical equipment.\\n (b) For purposes of appeals requested pursuant to paragraph (b) of\\nsubdivision two of section forty-nine hundred ten of title two of this\\narticle, \"health care services\" shall mean experimental or\\ninvestigational procedures, treatments or services, including:\\n (A) services provided within a clinical trial, and\\n (B) the provision of a pharmaceutical product pursuant to prescription\\nby the enrollee's attending physician for a use other than those uses\\nfor which such pharmaceutical product has been approved for marketing by\\nthe federal Food and Drug Administration;\\nto the extent that coverage for such services are prohibited by law from\\nbeing excluded under the plan.\\n Provided that nothing in this subdivision shall be construed to define\\nwhat are covered services pursuant to a subscriber contract or\\ngovernmental health benefit program.\\n 6. \"Health care professional\" means an appropriately licensed,\\nregistered or certified health care professional pursuant to title eight\\nof the education law or a health care professional comparably licensed,\\nregistered or certified by another state.\\n 7. \"Health care provider\" means a health care professional or a\\nfacility licensed pursuant to articles twenty-eight, thirty-six,\\nforty-four or forty-seven of this chapter or a facility licensed\\npursuant to article nineteen, twenty-three, thirty-one or thirty-two of\\nthe mental hygiene law.\\n 7-a. \"Life-threatening condition or disease\" means a condition or\\ndisease which, according to the current diagnosis of the enrollee's\\nattending physician, has a high probability of causing the enrollee's\\ndeath.\\n 7-b. \"Material familial affiliation\" means any relationship as a\\nspouse, child, parent, sibling, spouse's parent, spouse's child, child's\\nparent, child's spouse, or sibling's spouse.\\n 7-c. \"Material financial affiliation\" means any financial interest of\\nmore than five percent of total annual revenue or total annual income of\\nan external appeal agent or officer, director, or management employee\\nthereof; or clinical peer reviewer employed or engaged thereby to\\nconduct any external appeal. The term \"material financial affiliation\"\\nshall not include revenue received from a health care plan by (a) an\\nexternal appeal agent to conduct an external appeal pursuant to section\\nforty-nine hundred fourteen of title two of this article, or (b) a\\nclinical peer reviewer for health services rendered to enrollees.\\n 7-d. \"Material professional affiliation\" means any physician-patient\\nrelationship, any partnership or employment relationship, a shareholder\\nor similar ownership interest in a professional corporation, or any\\nindependent contractor arrangement that constitutes a material financial\\naffiliation with any expert or any officer or director of the\\nindependent organization.\\n 7-e. \"Medical and scientific evidence\" means the following sources:\\n (a) peer-reviewed scientific studies published in, or accepted for\\npublication by, medical journals that meet nationally recognized\\nrequirements for scientific manuscripts and that submit most of their\\npublished articles for review by experts who are not part of the\\neditorial staff;\\n (b) peer-reviewed medical literature, including literature relating to\\ntherapies reviewed and approved by a qualified institutional review\\nboard, biomedical compendia and other medical literature that meet the\\ncriteria of the National Institute of Health's National Library of\\nMedicine for indexing in Index Medicus, Excerpta Medicus, Medline and\\nMEDLARS database Health Services Technology Assessment Research;\\n (c) peer-reviewed abstracts accepted for presentation at major medical\\nassociation meetings;\\n (d) peer-reviewed literature shall not include publications or\\nsupplements to publications sponsored to a significant extent by a\\npharmaceutical manufacturing company or medical device manufacturer;\\n (e) medical journals recognized by the secretary of Health and Human\\nServices, under section 1861 (t)(2) of the federal Social Security Act;\\n (f) the following standard reference compendia:\\n (i) the American Hospital Formulary Service - Drug Information;\\n (ii) the American Medical Association Drug Evaluation;\\n (iii) the American Dental Association Accepted Dental Therapeutics;\\nand\\n (iv) the United States Pharmacopeia - Drug Information;\\n (g) findings, studies, or research conducted by or under the auspices\\nof federal government agencies and nationally recognized federal\\nresearch institutes including the federal Agency for Health Care Policy\\nand Research, National Institutes of Health, National Cancer Institute,\\nNational Academy of Sciences, Health Care Financing Administration,\\nCongressional Office of Technology Assessment, and any national board\\nrecognized by the National Institutes of Health for the purpose of\\nevaluating the medical value of health services.\\n 7-f. \"Out-of-network denial\" means a denial of a request for\\npre-authorization to receive a particular health service from an\\nout-of-network provider on the basis that such out-of-network health\\nservice is not materially different than the health service available\\nin-network. The notice of an out-of-network denial provided to an\\nenrollee shall include information explaining what information the\\nenrollee must submit in order to appeal the out-of-network denial\\npursuant to subdivision one-a of section four thousand nine hundred four\\nof this article. An out-of-network denial under this subdivision does\\nnot constitute an adverse determination as defined in this article.\\nNotwithstanding any other provision of this subdivision, an\\nout-of-network denial shall not be construed to include a denial for a\\nreferral to an out-of-network provider on the basis that a health care\\nprovider is available in-network to provide the particular health\\nservice requested by the enrollee.\\n 7-f-1. \"Out-of-network referral denial\" means a denial of a request\\nfor an authorization or referral to an out-of-network provider on the\\nbasis that the health care plan has a health care provider in the\\nin-network benefits portion of its network with appropriate training and\\nexperience to meet the particular health care needs of an enrollee, and\\nwho is able to provide the requested health service. The notice of an\\nout-of-network referral denial provided to an enrollee shall include\\ninformation explaining what information the enrollee must submit in\\norder to appeal the out-of-network referral denial pursuant to\\nsubdivision one-b of section four thousand nine hundred four of this\\narticle. An out-of-network referral denial under this subdivision does\\nnot constitute an adverse determination as defined in this article. An\\nout-of-network referral denial shall not be construed to include an\\nout-of-network denial as defined in subdivision seven-f of this section.\\n 7-f-2. \"Step therapy protocol override determination\" means a\\ndetermination made by a utilization review agent as defined in\\nsubdivision nine of this section to override a step therapy protocol\\npursuant to subdivisions three-a, three-b and three-c of section\\nforty-nine hundred three of this title granting coverage for the health\\ncare professional's selected prescription drug or drugs. Any step\\ntherapy protocol override determination as defined by this subdivision\\nshall be eligible for appeal by an enrollee pursuant to this article.\\n 7-f-3. \"Step therapy protocol\" means a policy, protocol or program\\nestablished by a utilization review agent as defined in subdivision nine\\nof this section that establishes the specific sequence in which\\nprescription drugs for a specified medical condition are approved for a\\nparticular enrollee. Nothing in this chapter shall impair or prevent an\\ninsured from having the right to appeal pursuant to this article\\nrelating to the imposition of a step therapy protocol.\\n 7-g. \"Rare disease\" means a condition or disease that (1)(A) is\\ncurrently or has been subject to a research study by the National\\nInstitutes of Health Rare Diseases Clinical Research Network or (B)\\naffects fewer than two hundred thousand United States residents per\\nyear, and (2) for which there does not exist a standard health service\\nor procedure covered by the health care plan that is more clinically\\nbeneficial than the requested health service or treatment. A physician,\\nother than the enrollee's treating physician, shall certify in writing\\nthat the condition is a rare disease as defined in this subsection. The\\ncertifying physician shall be a licensed, board-certified or\\nboard-eligible physician who specializes in the area of practice\\nappropriate to treat the enrollee's rare disease. The certification\\nshall provide either: (1) that the insured's rare disease is currently\\nor has been subject to a research study by the National Institutes of\\nHealth Rare Diseases Clinical Research Network; or (2) that the\\ninsured's rare disease affects fewer than two hundred thousand United\\nStates residents per year. The certification shall rely on medical and\\nscientific evidence to support the requested health service or\\nprocedure, if such evidence exists, and shall include a statement that,\\nbased on the physician's credible experience, there is no standard\\ntreatment that is likely to be more clinically beneficial to the\\nenrollee than the requested health service or procedure and the\\nrequested health service or procedure is likely to benefit the enrollee\\nin the treatment of the enrollee's rare disease and that such benefit to\\nthe enrollee outweighs the risks of such health service or procedure.\\nThe certifying physician shall disclose any material financial or\\nprofessional relationship with the provider of the requested health\\nservice or procedure as part of the application for external appeal of\\ndenial of a rare disease treatment. If the provision of the requested\\nhealth service or procedure at a health care facility requires prior\\napproval of an institutional review board, an enrollee or enrollee's\\ndesignee shall also submit such approval as part of the external appeal\\napplication.\\n 8. \"Utilization review\" means the review to determine whether health\\ncare services that have been provided, are being provided or are\\nproposed to be provided to a patient, whether undertaken prior to,\\nconcurrent with or subsequent to the delivery of such services are\\nmedically necessary. For the purposes of this article none of the\\nfollowing shall be considered utilization review:\\n (a) Denials based on failure to obtain health care services from a\\ndesignated or approved health care provider as required under a\\nsubscriber's contract;\\n (b) Where any determination is rendered pursuant to subdivision\\nthree-a of section twenty-eight hundred seven-c of this chapter;\\n (c) The review of the appropriateness of the application of a\\nparticular coding to a patient, including the assignment of diagnosis\\nand procedure;\\n (d) Any issues relating to the determination of the amount or extent\\nof payment other than determinations to deny payment based on an adverse\\ndetermination; and\\n (e) Any determination of any coverage issues other than whether health\\ncare services are or were medically necessary.\\n 9. \"Utilization review agent\" means any company, organization or other\\nentity performing utilization review, except:\\n (a) an agency of the federal government;\\n (b) an agent acting on behalf of the federal government, but only to\\nthe extent that the agent is providing services to the federal\\ngovernment;\\n (c) an agent acting on behalf of the state and local government for\\nservices provided pursuant to title XIX of the federal social security\\nact;\\n (d) a hospital's internal quality assurance program except if\\nassociated with a health care financing mechanism; or\\n (e) any insurer subject to article thirty-two or forty-three of the\\ninsurance law and any independent utilization review agent performing\\nutilization review under a contract with such insurer, which shall be\\nsubject to article forty-nine of the insurance law.\\n 10. \"Utilization review plan\" means:\\n (a) a description of the process for developing the written clinical\\nreview criteria;\\n (b) a description of the types of written clinical information which\\nthe plan might consider in its clinical review, including but not\\nlimited to, a set of specific written clinical review criteria;\\n (c) a description of practice guidelines and standards used by a\\nutilization review agent in carrying out a determination of medical\\nnecessity;\\n (d) the procedures for scheduled review and evaluation of the written\\nclinical review criteria; and\\n (e) a description of the qualifications and experience of the health\\ncare professionals who developed the criteria, who are responsible for\\nperiodic evaluation of the criteria and of the health care professionals\\nor others who use the written clinical review criteria in the process of\\nutilization review.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4901", "title" : "Registration of utilization review agents", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4901", "activeDate" : "2014-09-22", "sequenceNo" : 1894, "repealedDate" : null, "fromSection" : "4901", "toSection" : "4901", "text" : " § 4901. Registration of utilization review agents. 1. Every\\nutilization review agent who conducts the practice of utilization review\\nshall biennially register with the commissioner and report, in a\\nstatement subscribed and affirmed as true under the penalties of\\nperjury, the information required pursuant to subdivision two of this\\nsection.\\n 2. Such report shall contain a description of the following:\\n (a) The utilization review plan;\\n (b) Those circumstances, if any, under which utilization review may be\\ndelegated to a utilization review program conducted by a facility\\nlicensed pursuant to article twenty-eight of this chapter or pursuant to\\narticle thirty-one of the mental hygiene law;\\n (c) The provisions by which an enrollee, the enrollee's designee, or a\\nhealth care provider may seek reconsideration of, or appeal from,\\nadverse determinations by the utilization review agent, in accordance\\nwith the provisions of this title, including provisions to ensure a\\ntimely appeal and that an enrollee, the enrollee's designee, and, in the\\ncase of an adverse determination involving a retrospective\\ndetermination, the enrollee's health care provider, is informed of their\\nright to appeal adverse determinations;\\n (d) Procedures by which a decision on a request for utilization review\\nfor services requiring preauthorization shall comply with timeframes\\nestablished pursuant to this title;\\n (e) A description of an emergency care policy, which shall include the\\nprocedures under which an emergency admission shall be made or emergency\\ntreatment shall be given;\\n (f) A description of the personnel utilized to conduct utilization\\nreview including a description of the circumstances under which\\nutilization review may be conducted by:\\n (i) administrative personnel,\\n (ii) health care professionals who are not clinical peer reviewers,\\nand\\n (iii) clinical peer reviewers;\\n (g) A description of the mechanisms employed to assure that\\nadministrative personnel are trained in the principles and procedures of\\nintake screening and data collection and are appropriately monitored by\\na licensed health care professional while performing an administrative\\nreview;\\n (h) A description of the mechanisms employed to assure that health\\ncare professionals conducting utilization review are:\\n (i) appropriately licensed, registered or certified; and\\n (ii) trained in the principles, procedures and standards of such\\nutilization review agent;\\n (i) A description of the mechanisms employed to assure that only a\\nclinical peer reviewer shall render an adverse determination;\\n (j) Provisions to ensure that appropriate personnel of the utilization\\nreview agent are reasonably accessible by toll-free telephone:\\n (i) not less than forty hours per week during normal business hours,\\nto discuss patient care and allow response to telephone requests, and to\\nensure that such utilization review agent has a telephone system capable\\nof accepting, recording or providing instruction to incoming telephone\\ncalls during other than normal business hours and to ensure response to\\naccepted or recorded messages not later than the next business day after\\nthe date on which the call was received; or\\n (ii) notwithstanding the provisions of subparagraph (i) of this\\nparagraph, not less than forty hours per week during normal business\\nhours, to discuss patient care and allow response to telephone requests,\\nand to ensure that, in the case of a request submitted pursuant to\\nsubdivision three of section forty-nine hundred three of this title or\\nan expedited appeal filed pursuant to subdivision two of section\\nforty-nine hundred four of this title, on a twenty-four hour a day,\\nseven day a week basis;\\n (k) The policies and procedures to ensure that all applicable state\\nand federal laws to protect the confidentiality of individual medical\\nand treatment records are followed;\\n (l) A copy of the materials to be disclosed to an enrollee or\\nprospective enrollee pursuant to this title and section forty-four\\nhundred eight of this chapter;\\n (m) A description of the mechanisms employed by the utilization review\\nagent to assure that all contractors, subcontractors, subvendors, agents\\nand employees affiliated by contract or otherwise with such utilization\\nreview agent will adhere to the standards and requirements of this\\ntitle; and\\n (n) A list of the payors for which the utilization review agent is\\nperforming utilization review in this state.\\n 3. Upon receipt of the report, the commissioner shall issue an\\nacknowledgment of the filing.\\n 4. A registration issued under this title shall be valid for a period\\nof not more than two years, and may be renewed for additional periods of\\nnot more than two years each.\\n 5. A health maintenance organization licensed pursuant to article\\nforty-three of the insurance law or certified under article forty-four\\nof this chapter shall not be required to register as a utilization\\nreview agent, provided that such health maintenance organization has\\notherwise provided the information required pursuant to subdivision two\\nof this section to the commissioner.\\n 6. The clinical review criteria and standards contained within the\\nutilization review plan and the list of payors required pursuant to\\nparagraph (n) of subdivision two of this section shall not be subject to\\ndisclosure pursuant to the provisions of article six of the public\\nofficers law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4902", "title" : "Utilization review program standards", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-04-10", "2016-07-01", "2017-01-06", "2018-05-25", "2019-04-19", "2020-01-10", "2020-04-17", "2023-07-07", "2023-09-08", "2023-12-29", "2024-01-05", "2024-02-09", "2024-03-29", "2024-12-27", "2025-02-21", "2026-01-09", "2026-06-05" ], "docLevelId" : "4902", "activeDate" : "2019-04-19", "sequenceNo" : 1895, "repealedDate" : null, "fromSection" : "4902", "toSection" : "4902", "text" : " § 4902. Utilization review program standards. 1. Each utilization\\nreview agent shall adhere to utilization review program standards\\nconsistent with the provisions of this title which shall, at a minimum,\\ninclude:\\n (a) Appointment of a medical director, who is a licensed physician;\\nprovided, however, that the utilization review agent may appoint a\\nclinical director when the utilization review performed is for a\\ndiscrete category of health care service and provided further that the\\nclinical director is a licensed health care professional who typically\\nmanages the category of service. Responsibilities of the medical\\ndirector, or, where appropriate, the clinical director, shall include,\\nbut not be limited to, the supervision and oversight of the utilization\\nreview process;\\n (b) Development of written policies and procedures that govern all\\naspects of the utilization review process and a requirement that a\\nutilization review agent shall maintain and make available to enrollees\\nand health care providers a written description of such procedures\\nincluding procedures to appeal an adverse determination together with a\\ndescription, jointly promulgated by the commissioner and the\\nsuperintendent of financial services as required pursuant to subdivision\\nfive of section forty-nine hundred fourteen of this article, of the\\nexternal appeal process established pursuant to title two of this\\narticle and the time frames for such appeals;\\n (c) Utilization of written clinical review criteria developed pursuant\\nto a utilization review plan;\\n (d) Establishment of a process for rendering utilization review\\ndeterminations which shall, at a minimum, include: written procedures to\\nassure that utilization reviews and determinations are conducted within\\nthe timeframes established herein; procedures to notify an enrollee, an\\nenrollee's designee and/or an enrollee's health care provider of adverse\\ndeterminations; and procedures for appeal of adverse determinations\\nincluding the establishment of an expedited appeals process for denials\\nof continued inpatient care or where there is imminent or serious threat\\nto the health of the enrollee;\\n (e) Establishment of a written procedure to assure that the notice of\\nan adverse determination includes: (i) the reasons for the determination\\nincluding the clinical rationale, if any; (ii) instructions on how to\\ninitiate standard and expedited appeals pursuant to section forty-nine\\nhundred four and an external appeal pursuant to section forty-nine\\nhundred fourteen of this article; and (iii) notice of the availability,\\nupon request of the enrollee or the enrollee's designee, of the clinical\\nreview criteria relied upon to make such determination;\\n (f) Establishment of a requirement that appropriate personnel of the\\nutilization review agent are reasonably accessible by toll-free\\ntelephone:\\n (i) not less than forty hours per week during normal business hours to\\ndiscuss patient care and allow response to telephone requests, and to\\nensure that such utilization review agent has a telephone system capable\\nof accepting, recording or providing instruction to incoming telephone\\ncalls during other than normal business hours and to ensure response to\\naccepted or recorded messages not less than one business day after the\\ndate on which the call was received; or\\n (ii) notwithstanding the provisions of subparagraph (i) of this\\nparagraph, not less than forty hours per week during normal business\\nhours, to discuss patient care and allow response to telephone requests,\\nand to ensure that, in the case of a request submitted pursuant to\\nsubdivision three of section forty-nine hundred three of this title or\\nan expedited appeal filed pursuant to subdivision two of section\\nforty-nine hundred four of this title, on a twenty-four hour a day,\\nseven day a week basis;\\n (g) Establishment of appropriate policies and procedures to ensure\\nthat all applicable state and federal laws to protect the\\nconfidentiality of individual medical records are followed;\\n (h) Establishment of a requirement that emergency services rendered to\\nan enrollee shall not be subject to prior authorization nor shall\\nreimbursement for such services be denied on retrospective review;\\nprovided, however, that such services are medically necessary to\\nstabilize or treat an emergency condition.\\n * (i) When conducting utilization review for purposes of determining\\nhealth care coverage for substance use disorder treatment, a utilization\\nreview agent shall utilize evidence-based and peer reviewed clinical\\nreview tools designated by the office of alcoholism and substance abuse\\nservices that are appropriate to the age of the patient and consistent\\nwith the treatment service levels within the office of alcoholism and\\nsubstance abuse services system. All approved tools shall have inter\\nrater reliability testing completed by December thirty-first, two\\nthousand sixteen.\\n * NB Effective until January 1, 2020\\n * (i) When conducting utilization review for purposes of determining\\nhealth care coverage for substance use disorder treatment, a utilization\\nreview agent shall utilize an evidence-based and peer reviewed clinical\\nreview tool that is appropriate to the age of the patient. When\\nconducting such utilization review for treatment provided in this state,\\na utilization review agent shall utilize an evidence-based and peer\\nreviewed clinical tool designated by the office of alcoholism and\\nsubstance abuse services that is consistent with the treatment service\\nlevels within the office of alcoholism and substance abuse services\\nsystem. All approved tools shall have inter rater reliability testing\\ncompleted by December thirty-first, two thousand sixteen.\\n * NB Effective January 1, 2020\\n * (j) When conducting utilization review for purposes of determining\\nhealth care coverage for a mental health condition, a utilization review\\nagent shall utilize evidence-based and peer reviewed clinical review\\ncriteria that is appropriate to the age of the patient. The utilization\\nreview agent shall use clinical review criteria deemed appropriate and\\napproved for such use by the commissioner of the office of mental\\nhealth, in consultation with the commissioner and the superintendent of\\nfinancial services. Approved clinical review criteria shall have inter\\nrater reliability testing completed by December thirty-first, two\\nthousand nineteen.\\n * NB Effective January 1, 2020\\n 2. Each utilization review agent shall assure adherence to the\\nrequirements stated in subdivision one of this section by all\\ncontractors, subcontractors, subvendors, agents and employees affiliated\\nby contract or otherwise with such utilization review agent.\\n 3. When establishing a step therapy protocol, a utilization review\\nagent shall utilize recognized evidence-based and peer reviewed clinical\\nreview criteria that takes into account the needs of atypical patient\\npopulations and diagnoses as well when establishing the clinical review\\ncriteria.\\n 4. When conducting utilization review for a step therapy protocol\\noverride determination, a utilization review agent shall utilize, in\\naddition to any other requirements of this article, recognized\\nevidence-based and peer reviewed clinical review criteria that is\\nappropriate for the enrollee and the enrollee's medical condition.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4903", "title" : "Utilization review determinations", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-04-10", "2015-10-30", "2016-04-08", "2016-11-18", "2017-01-06", "2020-04-17", "2020-12-11", "2023-12-29", "2024-02-09", "2024-02-16", "2024-03-29", "2024-12-27", "2025-02-21", "2025-08-22", "2026-01-09", "2026-06-05" ], "docLevelId" : "4903", "activeDate" : "2017-01-06", "sequenceNo" : 1896, "repealedDate" : null, "fromSection" : "4903", "toSection" : "4903", "text" : " § 4903. Utilization review determinations. 1. Utilization review shall\\nbe conducted by:\\n (a) Administrative personnel trained in the principles and procedures\\nof intake screening and data collection, provided, however, that\\nadministrative personnel shall only perform intake screening, data\\ncollection and non-clinical review functions and shall be supervised by\\na licensed health care professional;\\n (b) A health care professional who is appropriately trained in the\\nprinciples, procedures and standards of such utilization review agent;\\nprovided, however, that a health care professional who is not a clinical\\npeer reviewer may not render an adverse determination; and\\n (c) A clinical peer reviewer where the review involves an adverse\\ndetermination.\\n 2. (a) A utilization review agent shall make a utilization review\\ndetermination involving health care services which require\\npre-authorization and provide notice of a determination to the enrollee\\nor enrollee's designee and the enrollee's health care provider by\\ntelephone and in writing within three business days of receipt of the\\nnecessary information. To the extent practicable, such written\\nnotification to the enrollee's health care provider shall be transmitted\\nelectronically, in a manner and in a form agreed upon by the parties.\\nThe notification shall identify; (i) whether the services are considered\\nin-network or out-of-network; (ii) and whether the enrollee will be held\\nharmless for the services and not be responsible for any payment, other\\nthan any applicable co-payment or co-insurance; (iii) as applicable, the\\ndollar amount the health care plan will pay if the service is\\nout-of-network; and (iv) as applicable, information explaining how an\\nenrollee may determine the anticipated out-of-pocket cost for\\nout-of-network health care services in a geographical area or zip code\\nbased upon the difference between what the health care plan will\\nreimburse for out-of-network health care services and the usual and\\ncustomary cost for out-of-network health care services.\\n (b) With regard to individual or group contracts authorized pursuant\\nto article forty-four of this chapter, for utilization review\\ndeterminations involving proposed mental health and/or substance use\\ndisorder services where the enrollee or the enrollee's designee has, in\\na format prescribed by the superintendent of financial services,\\ncertified in the request that the proposed services are for an\\nindividual who will be appearing, or has appeared, before a court of\\ncompetent jurisdiction and may be subject to a court order requiring\\nsuch services, the utilization review agent shall make a determination\\nand provide notice of such determination to the enrollee or the\\nenrollee's designee by telephone within seventy-two hours of receipt of\\nthe request. Written notice of the determination to the enrollee or\\nenrollee's designee shall follow within three business days. Where\\nfeasible, such telephonic and written notice shall also be provided to\\nthe court.\\n 3. (a) A utilization review agent shall make a determination involving\\ncontinued or extended health care services, additional services for an\\nenrollee undergoing a course of continued treatment prescribed by a\\nhealth care provider, or requests for inpatient substance use disorder\\ntreatment, or home health care services following an inpatient hospital\\nadmission, and shall provide notice of such determination to the\\nenrollee or the enrollee's designee, which may be satisfied by notice to\\nthe enrollee's health care provider, by telephone and in writing within\\none business day of receipt of the necessary information except, with\\nrespect to home health care services following an inpatient hospital\\nadmission, within seventy-two hours of receipt of the necessary\\ninformation when the day subsequent to the request falls on a weekend or\\nholiday and except, with respect to inpatient substance use disorder\\ntreatment, within twenty-four hours of receipt of the request for\\nservices when the request is submitted at least twenty-four hours prior\\nto discharge from an inpatient admission. Notification of continued or\\nextended services shall include the number of extended services\\napproved, the new total of approved services, the date of onset of\\nservices and the next review date.\\n (b) Provided that a request for home health care services and all\\nnecessary information is submitted to the utilization review agent prior\\nto discharge from an inpatient hospital admission pursuant to this\\nsubdivision, a utilization review agent shall not deny, on the basis of\\nmedical necessity or lack of prior authorization, coverage for home\\nhealth care services while a determination by the utilization review\\nagent is pending.\\n (c) Provided that a request for inpatient treatment for substance use\\ndisorder is submitted to the utilization review agent at least\\ntwenty-four hours prior to discharge from an inpatient admission\\npursuant to this subdivision, a utilization review agent shall not deny,\\non the basis of medical necessity or lack of prior authorization,\\ncoverage for the inpatient substance use disorder treatment while a\\ndetermination by the utilization review agent is pending.\\n 3-a. A utilization review agent shall grant a step therapy protocol\\noverride determination within seventy-two hours of the receipt of\\ninformation that includes supporting rationale and documentation from a\\nhealth care professional which demonstrates that:\\n (a) The required prescription drug or drugs is contraindicated, will\\nlikely cause an adverse reaction by or physical or mental harm to the\\nenrollee;\\n (b) The required prescription drug or drugs is expected to be\\nineffective based on the known clinical history and conditions of the\\nenrollee and the enrollee's prescription drug regimen;\\n (c) The enrollee has tried the required prescription drug or drugs\\nwhile under their current or a previous health insurance or health\\nbenefit plan, or another prescription drug or drugs in the same\\npharmacologic class or with the same mechanism of action and such\\nprescription drug or drugs was discontinued due to lack of efficacy or\\neffectiveness, diminished effect, or an adverse event;\\n (d) The enrollee is stable on a prescription drug or drugs selected by\\ntheir health care professional for the medical condition under\\nconsideration, provided that this shall not prevent a utilization review\\nagent from requiring an insured to try an AB-rated generic equivalent\\nprior to providing coverage for the equivalent brand name prescription\\ndrug or drugs; or\\n (e) The required prescription drug or drugs is not in the best\\ninterest of the enrollee because it will likely cause a significant\\nbarrier to the enrollee's adherence to or compliance with the enrollee's\\nplan of care, will likely worsen a comorbid condition of the enrollee,\\nor will likely decrease the covered enrollee's ability to achieve or\\nmaintain reasonable functional ability in performing daily activities.\\n 3-b. For an enrollee with a medical condition that places the health\\nof the insured in serious jeopardy without the prescription drug or\\ndrugs prescribed by the insured's health care professional, the step\\ntherapy protocol override determination shall be granted within\\ntwenty-four hours of the receipt of information that includes supporting\\nrationale and documentation from a health care professional\\ndemonstrating one or more of the standards provided for in subdivision\\nthree-a of this section.\\n 3-c. Upon a determination that the step therapy protocol should be\\noverridden, the health plan shall authorize immediate coverage for the\\nprescription drug or drugs prescribed by the enrollee's treating health\\ncare professional.\\n 4. A utilization review agent shall make a utilization review\\ndetermination involving health care services which have been delivered\\nwithin thirty days of receipt of the necessary information.\\n 5. Notice of an adverse determination made by a utilization review\\nagent shall be in writing and must include:\\n (a) the reasons for the determination including the clinical\\nrationale, if any;\\n (b) instructions on how to initiate standard and expedited appeals\\npursuant to section forty-nine hundred four and an external appeal\\npursuant to section forty-nine hundred fourteen of this article; and\\n (c) notice of the availability, upon request of the enrollee, or the\\nenrollee's designee, of the clinical review criteria relied upon to make\\nsuch determination. Such notice shall also specify what, if any,\\nadditional necessary information must be provided to, or obtained by,\\nthe utilization review agent in order to render a decision on the\\nappeal.\\n 6. In the event that a utilization review agent renders an adverse\\ndetermination without attempting to discuss such matter with the\\nenrollee's health care provider who specifically recommended the health\\ncare service, procedure or treatment under review, such health care\\nprovider shall have the opportunity to request a reconsideration of the\\nadverse determination. Except in cases of retrospective reviews, such\\nreconsideration shall occur within one business day of receipt of the\\nrequest and shall be conducted by the enrollee's health care provider\\nand the clinical peer reviewer making the initial determination or a\\ndesignated clinical peer reviewer if the original clinical peer reviewer\\ncannot be available. In the event that the adverse determination is\\nupheld after reconsideration, the utilization review agent shall provide\\nnotice as required pursuant to subdivision five of this section. Nothing\\nin this section shall preclude the enrollee from initiating an appeal\\nfrom an adverse determination.\\n 7. Failure by the utilization review agent to make a determination\\nwithin the time periods prescribed in this section shall be deemed to be\\nan adverse determination subject to appeal pursuant to section\\nforty-nine hundred four of this title, provided, however, that failure\\nto meet such time periods for a step therapy protocol as defined in\\nsubdivision seven-f-three of section forty-nine hundred of this title or\\na step therapy protocol override determination pursuant to subdivisions\\nthree-a, three-b and three-c of this section shall be deemed to be an\\noverride of the step therapy protocol.\\n 8. The commissioner, in conjunction with the superintendent of\\nfinancial services, shall develop standards for prior authorization\\nrequests to be utilized by all health care plans for the purposes of\\nsubmitting a request for a utilization review determination for coverage\\nof prescription drug benefits under this article. The department and the\\ndepartment of financial services, in development of the standards, shall\\ntake into consideration existing electronic prior authorization\\nstandards including National Council for Prescription Drug Programs\\n(NCPDP) electronic prior authorization standard transactions.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4904", "title" : "Appeal of adverse determinations by utilization review agents", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-04-10", "2015-10-30", "2016-04-08", "2020-04-17", "2026-06-05" ], "docLevelId" : "4904", "activeDate" : "2016-04-08", "sequenceNo" : 1897, "repealedDate" : null, "fromSection" : "4904", "toSection" : "4904", "text" : " § 4904. Appeal of adverse determinations by utilization review agents.\\n1. An enrollee, the enrollee's designee and, in connection with\\nretrospective adverse determinations, an enrollee's health care\\nprovider, may appeal an adverse determination rendered by a utilization\\nreview agent.\\n 1-a. An enrollee or the enrollee's designee may appeal an\\nout-of-network denial by a health care plan by submitting: (a) a written\\nstatement from the enrollee's attending physician, who must be a\\nlicensed, board certified or board eligible physician qualified to\\npractice in the specialty area of practice appropriate to treat the\\nenrollee for the health service sought, that the requested\\nout-of-network health service is materially different from the health\\nservice the health care plan approved to treat the insured's health care\\nneeds; and (b) two documents from the available medical and scientific\\nevidence that the out-of-network health service is likely to be more\\nclinically beneficial to the enrollee than the alternate recommended\\nin-network health service and for which the adverse risk of the\\nrequested health service would likely not be substantially increased\\nover the in-network health service.\\n 1-b. An enrollee or the enrollee's designee may appeal a denial of an\\nout-of-network referral by a health care plan by submitting a written\\nstatement from the enrollee's attending physician, who must be a\\nlicensed, board certified or board eligible physician qualified to\\npractice in the specialty area of practice appropriate to treat the\\nenrollee for the health service sought, provided that: (a) the\\nin-network health care provider or providers recommended by the health\\ncare plan do not have the appropriate training and experience to meet\\nthe particular health care needs of the enrollee for the health service;\\nand (b) recommends an out-of-network provider with the appropriate\\ntraining and experience to meet the particular health care needs of the\\nenrollee, and who is able to provide the requested health service.\\n 2. A utilization review agent shall establish an expedited appeal\\nprocess for appeal of an adverse determination involving:\\n (a) continued or extended health care services, procedures or\\ntreatments or additional services for an enrollee undergoing a course of\\ncontinued treatment prescribed by a health care provider home health\\ncare services following discharge from an inpatient hospital admission\\npursuant to subdivision three of section forty-nine hundred three of\\nthis title; or\\n (b) an adverse determination in which the health care provider\\nbelieves an immediate appeal is warranted except any retrospective\\ndetermination; or\\n (c) potential court-ordered mental health and/or substance use\\ndisorder services pursuant to paragraph (b) of subdivision two of\\nsection forty-nine hundred three of this title. Such process shall\\ninclude mechanisms which facilitate resolution of the appeal including\\nbut not limited to the sharing of information from the enrollee's health\\ncare provider and the utilization review agent by telephonic means or by\\nfacsimile. The utilization review agent shall provide reasonable access\\nto its clinical peer reviewer within one business day of receiving\\nnotice of the taking of an expedited appeal. Expedited appeals shall be\\ndetermined within two business days of receipt of necessary information\\nto conduct such appeal except, with respect to inpatient substance use\\ndisorder treatment provided pursuant to paragraph (c) of subdivision\\nthree of section forty-nine hundred three of this title, expedited\\nappeals shall be determined within twenty-four hours of receipt of such\\nappeal. Expedited appeals which do not result in a resolution\\nsatisfactory to the appealing party may be further appealed through the\\nstandard appeal process, or through the external appeal process pursuant\\nto section forty-nine hundred fourteen of this article as applicable.\\nProvided that the enrollee or the enrollee's health care provider files\\nan expedited internal and external appeal within twenty-four hours from\\nreceipt of an adverse determination for inpatient substance use disorder\\ntreatment for which coverage was provided while the initial utilization\\nreview determination was pending pursuant to paragraph (c) of\\nsubdivision three of section forty-nine hundred three of this title, a\\nutilization review agent shall not deny on the basis of medical\\nnecessity or lack of prior authorization such substance use disorder\\ntreatment while a determination by the utilization review agent or\\nexternal appeal agent is pending.\\n 3. A utilization review agent shall establish a standard appeal\\nprocess which includes procedures for appeals to be filed in writing or\\nby telephone. A utilization review agent must establish a period of no\\nless than forty-five days after receipt of notification by the enrollee\\nof the initial utilization review determination and receipt of all\\nnecessary information to file the appeal from said determination. The\\nutilization review agent must provide written acknowledgment of the\\nfiling of the appeal to the appealing party within fifteen days of such\\nfiling and shall make a determination with regard to the appeal within\\nsixty days of the receipt of necessary information to conduct the\\nappeal. The utilization review agent shall notify the enrollee, the\\nenrollee's designee and, where appropriate, the enrollee's health care\\nprovider, in writing, of the appeal determination within two business\\ndays of the rendering of such determination. The notice of the appeal\\ndetermination shall include:\\n (a) the reasons for the determination; provided, however, that where\\nthe adverse determination is upheld on appeal, the notice shall include\\nthe clinical rationale for such determination; and\\n (b) a notice of the enrollee's right to an external appeal together\\nwith a description, jointly promulgated by the commissioner and the\\nsuperintendent of financial services as required pursuant to subdivision\\nfive of section forty-nine hundred fourteen of this article, of the\\nexternal appeal process established pursuant to title two of this\\narticle and the time frames for such external appeals.\\n 4. Both expedited and standard appeals shall only be conducted by\\nclinical peer reviewers, provided that any such appeal shall be reviewed\\nby a clinical peer reviewer other than the clinical peer reviewer who\\nrendered the adverse determination.\\n 5. Failure by the utilization review agent to make a determination\\nwithin the applicable time periods in this section shall be deemed to be\\na reversal of the utilization review agent's adverse determination.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4905", "title" : "Required and prohibited practices", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2022-04-22", "2026-05-29" ], "docLevelId" : "4905", "activeDate" : "2014-09-22", "sequenceNo" : 1898, "repealedDate" : null, "fromSection" : "4905", "toSection" : "4905", "text" : " § 4905. Required and prohibited practices. 1. Each utilization review\\nagent shall have written procedures for assuring that patient-specific\\ninformation obtained during the process of utilization review will be:\\n (a) kept confidential in accordance with applicable state and federal\\nlaws; and\\n (b) shared only with the enrollee, the enrollee's designee, the\\nenrollee's health care provider and those who are authorized by law to\\nreceive such information.\\n 2. Summary data shall not be considered confidential if it does not\\nprovide information to allow identification of individual patients.\\n 3. Any health care professional who makes determinations regarding the\\nmedical necessity of health care services during the course of\\nutilization review shall be appropriately licensed, registered or\\ncertified.\\n 4. A utilization review agent shall not, with respect to utilization\\nreview activities, permit or provide compensation or anything of value\\nto its employees, agents, or contractors based on:\\n (a) either a percentage of the amount by which a claim is reduced for\\npayment or the number of claims or the cost of services for which the\\nperson has denied authorization or payment; or\\n (b) any other method that encourages the rendering of an adverse\\ndetermination.\\n 5. If a health care service has been specifically pre-authorized or\\napproved for an enrollee by a utilization review agent, a utilization\\nreview agent shall not, pursuant to retrospective review, revise or\\nmodify the specific standards, criteria or procedures used for the\\nutilization review for procedures, treatment and services delivered to\\nthe enrollee during the same course of treatment.\\n 6. Utilization review shall not be conducted more frequently than is\\nreasonably required to assess whether the health care services under\\nreview are medically necessary.\\n 7. When making prospective, concurrent and retrospective\\ndeterminations, utilization review agents shall collect only such\\ninformation as is necessary to make such determination and shall not\\nroutinely require health care providers to numerically code diagnoses or\\nprocedures to be considered for certification or routinely request\\ncopies of medical records of all patients reviewed. During prospective\\nor concurrent review, copies of medical records shall only be required\\nwhen necessary to verify that the health care services subject to such\\nreview are medically necessary. In such cases, only the necessary or\\nrelevant sections of the medical record shall be required. A utilization\\nreview agent may request copies of partial or complete medical records\\nretrospectively. This subdivision shall not apply to health maintenance\\norganizations licensed pursuant to article forty-three of the insurance\\nlaw or certified pursuant to article forty-four of this chapter.\\n 8. In no event shall information be obtained from the health care\\nproviders for the use of the utilization review agent by persons other\\nthan health care professionals, medical record technologists or\\nadministrative personnel who have received appropriate training.\\n 9. The utilization review agent shall not undertake utilization review\\nat the site of the provision of health care services unless the\\nutilization review agent:\\n (a) Identifies himself or herself by name and the name of his or her\\norganization, including displaying photographic identification which\\nincludes the name of the utilization review agent and clearly identifies\\nthe individual as representative of the utilization review agent;\\n (b) Whenever possible, schedules review at least one business day in\\nadvance with the appropriate health care provider;\\n (c) If requested by a health care provider, assures that the on-site\\nreview staff register with the appropriate contact person, if available,\\nprior to requesting any clinical information or assistance from the\\nhealth care provider;\\n (d) Obtains consent from the enrollee or the enrollee's designee\\nbefore interviewing the patient's family, or observing any health care\\nservice being provided to the enrollee; and\\n (e) This subdivision shall not apply to health care professionals\\nengaged in providing care, case management or making on-site discharge\\ndecisions.\\n 10. A utilization review agent shall not base an adverse determination\\non a refusal to consent to observing any health care service.\\n 11. A utilization review agent shall not base an adverse determination\\non lack of reasonable access to a health care provider's medical or\\ntreatment records unless the utilization review agent has provided\\nreasonable notice to the enrollee, the enrollee's designee or the\\nenrollee's health care provider, in which case the enrollee must be\\nnotified, and has complied with all provisions of subdivision nine of\\nthis section.\\n 12. Neither the utilization review agent nor the entity for which the\\nagent provides utilization review shall take any action with respect to\\na patient or a health care provider that is intended to penalize such\\nenrollee, the enrollee's designee, or the enrollee's health care\\nprovider for, or to discourage such enrollee, the enrollee's designee,\\nor the enrollee's health care provider from undertaking an appeal,\\ndispute resolution or judicial review of an adverse determination.\\n 13. In no event shall an enrollee, an enrollee's designee, an\\nenrollee's health care provider, any other health care provider, or any\\nother person or entity, be required to inform or contact the utilization\\nreview agent prior to the provision of emergency care, including\\nemergency treatment or emergency admission.\\n 14. No contract or agreement between a utilization review agent and a\\nhealth care provider shall contain any clause purporting to transfer to\\nthe health care provider by indemnification or otherwise any liability\\nrelating to activities, actions or omissions of the utilization review\\nagent as opposed to the health care provider.\\n 15. A health care professional providing health care services to an\\nenrollee shall be prohibited from serving as the clinical peer reviewer\\nfor such enrollee in connection with the health care services being\\nprovided to the enrollee.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4906", "title" : "Waiver", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4906", "activeDate" : "2014-09-22", "sequenceNo" : 1899, "repealedDate" : null, "fromSection" : "4906", "toSection" : "4906", "text" : " § 4906. Waiver. 1. Any agreement which purports to waive, limit,\\ndisclaim, or in any way diminish the rights set forth in this article,\\nexcept as provided pursuant to section four thousand nine hundred ten of\\nthis article shall be void as contrary to public policy.\\n 2. Notwithstanding subdivision one of this section, in lieu of the\\nexternal appeal process as set forth in this article, a health care plan\\nand a facility licensed pursuant to article twenty-eight of this chapter\\nmay agree to an alternative dispute resolution mechanism to resolve\\ndisputes otherwise subject to this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4907", "title" : "Rights and remedies", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4907", "activeDate" : "2014-09-22", "sequenceNo" : 1900, "repealedDate" : null, "fromSection" : "4907", "toSection" : "4907", "text" : " § 4907. Rights and remedies. The rights and remedies conferred in this\\narticle upon enrollees and health care providers shall be cumulative and\\nin addition to and not in lieu of any other rights or remedies available\\nunder law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4908", "title" : "Applicability to ERISA Plans", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4908", "activeDate" : "2014-09-22", "sequenceNo" : 1901, "repealedDate" : null, "fromSection" : "4908", "toSection" : "4908", "text" : " § 4908. Applicability to ERISA Plans. Notwithstanding the foregoing,\\nthe provisions of this article shall not apply to any utilization review\\nconducted by, or on behalf of, a self-insured employee welfare benefit\\nplan, as defined in the employee retirement income security act of 1974,\\nas amended.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 9 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A49T2", "title" : "Right to External Appeal", "docType" : "TITLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2", "activeDate" : "2014-09-22", "sequenceNo" : 1902, "repealedDate" : null, "fromSection" : "4910", "toSection" : "4917", "text" : " TITLE II\\n RIGHT TO EXTERNAL APPEAL\\nSection 4910. Right to external appeal established.\\n 4911. Powers of the commissioner.\\n 4912. Standards for certification.\\n 4913. Conflict of interest.\\n 4914. Procedures for external appeals of adverse determinations.\\n 4915. Prohibited practices.\\n 4916. Oversight and surveillance of the external appeal process.\\n 4917. Hold harmless.\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4910", "title" : "Right to external appeal established", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-04-10", "2022-04-22" ], "docLevelId" : "4910", "activeDate" : "2015-04-10", "sequenceNo" : 1903, "repealedDate" : null, "fromSection" : "4910", "toSection" : "4910", "text" : " § 4910. Right to external appeal established. 1. There is hereby\\nestablished an enrollee's right to an external appeal of a final adverse\\ndetermination by a health care plan.\\n 2. An enrollee, the enrollee's designee and, in connection with\\nconcurrent and retrospective adverse determinations, an enrollee's\\nhealth care provider, shall have the right to request an external appeal\\nwhen:\\n (a) (i) the enrollee has had coverage of a health care service, which\\nwould otherwise be a covered benefit under a subscriber contract or\\ngovernmental health benefit program, denied on appeal, in whole or in\\npart, pursuant to title one of this article on the grounds that such\\nhealth care service does not meet the health care plan's requirements\\nfor medical necessity, appropriateness, health care setting, level of\\ncare, or effectiveness of a covered benefit, and\\n (ii) the health care plan has rendered a final adverse determination\\nwith respect to such health care service or both the plan and the\\nenrollee have jointly agreed to waive any internal appeal, or the\\nenrollee is deemed to have exhausted or is not required to complete any\\ninternal appeal pursuant to section 2719 of the Public Health Service\\nAct, 42 U.S.C. § 300gg-19; or\\n (b) (i) the enrollee has had coverage of a health care service denied\\non the basis that such service is experimental or investigational, and\\nsuch denial has been upheld on appeal under title one of this article,\\nor both the plan and the enrollee have jointly agreed to waive any\\ninternal appeal, or the enrollee is deemed to have exhausted or is not\\nrequired to complete any internal appeal pursuant to section 2719 of the\\nfederal Public Health Service Act, 42 U.S.C. § 300gg-19, and\\n (ii) the enrollee's attending physician has certified that the\\nenrollee has a condition or disease (a) for which standard health\\nservices or procedures have been ineffective or would be medically\\ninappropriate, or (b) for which there does not exist a more beneficial\\nstandard health service or procedure covered by the health care plan, or\\n(c) for which there exists a clinical trial or rare disease treatment,\\nand\\n (iii) the enrollee's attending physician, who must be a licensed,\\nboard-certified or board-eligible physician qualified to practice in the\\narea of practice appropriate to treat the enrollee's condition or\\ndisease, must have recommended either (a) a health service or procedure\\n(including a pharmaceutical product within the meaning of subparagraph\\n(B) of paragraph (b) of subdivision five of section forty-nine hundred\\nof this article) that, based on two documents from the available medical\\nand scientific evidence, is likely to be more beneficial to the enrollee\\nthan any covered standard health service or procedure or, in the case of\\na rare disease, based on the physician's certification required by\\nsubdivision seven-g of section forty-nine hundred of this article and\\nsuch other evidence as the enrollee, the enrollee's designee or the\\nenrollee's attending physician may present, that the requested health\\nservice or procedure is likely to benefit the enrollee in the treatment\\nof the enrollee's rare disease and that such benefit to the enrollee\\noutweighs the risks of such health service or procedure; or (b) a\\nclinical trial for which the enrollee is eligible. Any physician\\ncertification provided under this section shall include a statement of\\nthe evidence relied upon by the physician in certifying his or her\\nrecommendation, and\\n (iv) the specific health service or procedure recommended by the\\nattending physician would otherwise be covered under the policy except\\nfor the health care plan's determination that the health service or\\nprocedure is experimental or investigational; or\\n (c)(i) the enrollee has had coverage of the health service (other than\\na clinical trial to which paragraph (b) of this subdivision shall\\napply), which would otherwise be a covered benefit under a subscriber\\ncontract or governmental health benefit program, denied on appeal, in\\nwhole or in part, pursuant to title one of this article on the grounds\\nthat such health service is out-of-network and an alternate recommended\\nhealth service is available in-network, and the health plan has rendered\\na final adverse determination with respect to an out-of-network denial\\nor both the health plan and the enrollee have jointly agreed to waive\\nany internal appeal; and\\n (ii) the enrollee's attending physician, who shall be a licensed,\\nboard certified or board eligible physician qualified to practice in the\\nspecialty area of practice appropriate to treat the enrollee for the\\nhealth service sought, certifies that the out-of-network health service\\nis materially different than the alternate recommended in-network\\nservice, and recommends a health care service that, based on two\\ndocuments from the available medical and scientific evidence, is likely\\nto be more clinically beneficial than the alternate recommended\\nin-network treatment and the adverse risk of the requested health\\nservice would likely not be substantially increased over the alternate\\nrecommended in-network health service.\\n (d)(i) The enrollee has had an out-of-network referral denied on the\\ngrounds that the health care plan has a health care provider in the\\nin-network benefits portion of its network with appropriate training and\\nexperience to meet the particular health care needs of an enrollee, and\\nwho is able to provide the requested health service.\\n (ii) The enrollee's attending physician, who shall be a licensed,\\nboard certified or board eligible physician qualified to practice in the\\nspecialty area of practice appropriate to treat the enrollee for the\\nhealth service sought, certifies that the in-network health care\\nprovider or providers recommended by the health care plan do not have\\nthe appropriate training and experience to meet the particular health\\ncare needs of an enrollee, and recommends an out-of-network provider\\nwith the appropriate training and experience to meet the particular\\nhealth care needs of an enrollee, and who is able to provide the\\nrequested health service.\\n 3. (a) The health care plan may charge the enrollee a fee of up to\\ntwenty-five dollars per external appeal with an annual limit on filing\\nfees for an enrollee not to exceed seventy-five dollars within a single\\nplan year; provided that, in the event the external appeal agent\\noverturns the final adverse determination of the plan, such fee shall be\\nrefunded to the enrollee. Notwithstanding the foregoing, the health plan\\nshall not require the enrollee to pay any such fee if the enrollee is a\\nrecipient of medical assistance or is covered by a policy pursuant to\\ntitle one-A of article twenty-five of this chapter. Notwithstanding the\\nforegoing, the health plan shall not require the enrollee to pay any\\nsuch fee if such fee shall pose a hardship to the enrollee as determined\\nby the plan.\\n (b) The health care plan may charge the enrollee's health care\\nprovider a fee of up to fifty dollars per external appeal, other than\\nfor an external appeal requested pursuant to paragraph (b) or (c) of\\nsubdivision four of section forty-nine hundred fourteen of this article;\\nprovided that, in the event the external appeal agent overturns the\\nfinal adverse determination of the plan, such fee shall be refunded to\\nthe enrollee's health care provider.\\n 4. An enrollee covered under the Medicare or Medicaid program may\\nappeal the denial of a health care service pursuant to the provisions of\\nthis title, provided, however, that any determination rendered\\nconcerning such denial pursuant to existing federal and state law\\nrelating to the Medicare or Medicaid program or pursuant to federal law\\nenacted subsequent to the effective date of this title and providing for\\nan external appeal process for such denials shall be binding on the\\nenrollee and the insurer and shall supersede any determinations rendered\\npursuant to this title.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4911", "title" : "Powers of the commissioner", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4911", "activeDate" : "2014-09-22", "sequenceNo" : 1904, "repealedDate" : null, "fromSection" : "4911", "toSection" : "4911", "text" : " § 4911. Powers of the commissioner. 1. The commissioner shall have the\\npower to grant and revoke certifications of external appeal agents to\\nconduct external appeals requested pursuant to either paragraph (a) or\\n(b) of subdivision two of section forty-nine hundred ten of this title\\nor pursuant to both such paragraphs.\\n 2. If, after reviewing the application authorized by section\\nforty-nine hundred twelve of this title, the commissioner is satisfied\\nthat the applicant meets the requirements of this section, the\\ncommissioner shall issue a certificate to the applicant. A certificate\\nissued under this section shall be valid for a period of not more than\\ntwo years.\\n 3. In order to be re-certified, an external appeal agent must\\ndemonstrate to the commissioner on forms prescribed by the commissioner\\nthat it continues to meet all applicable standards required by this\\ntitle. Re-certification under this section shall be valid for a period\\nof not more than two years.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4912", "title" : "Standards for certification", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4912", "activeDate" : "2014-09-22", "sequenceNo" : 1905, "repealedDate" : null, "fromSection" : "4912", "toSection" : "4912", "text" : " § 4912. Standards for certification. 1. The commissioner shall develop\\nan application for certification. At a minimum, applicants shall\\nprovide:\\n (a) a description of the qualifications of the clinical peer reviewers\\nretained to conduct external appeals of final adverse determinations,\\nincluding such reviewers' current and past employment history and\\npractice affiliations;\\n (b) a description of the procedures employed to ensure that clinical\\npeer reviewers conducting external appeals are:\\n (i) appropriately licensed, registered or certified;\\n (ii) trained in the principles, procedures and standards of the\\nexternal appeal agent; and\\n (iii) knowledgeable about the health care service which is the subject\\nof the final adverse determination under appeal;\\n (c) a description of the methods of recruiting and selecting impartial\\nclinical peer reviewers and matching such reviewers to specific cases;\\n (d) the number of clinical peer reviewers retained by the external\\nappeal agent, and a description of the areas of expertise available from\\nsuch reviewers and the types of cases such reviewers are qualified to\\nreview;\\n (e) a description of the policies and procedures employed to protect\\nthe confidentiality of individual medical and treatment records in\\naccordance with applicable state and federal laws;\\n (f) a description of the quality assurance program established by the\\nexternal appeal agent pursuant to paragraph (c) of subdivision two of\\nthis section;\\n (g) the names of all corporations and organizations owned or\\ncontrolled by the external appeal agent or which owns or controls such\\nagent, and the nature and extent of any such ownership or control;\\n (h) the names and biographies of all directors, officers, and\\nexecutives of the external appeal agent;\\n (i) an experimental and investigational treatment review plan to\\nconduct appeals pursuant to subparagraph (B) of paragraph (d) of\\nsubdivision two of section forty-nine hundred fourteen of this title;\\nand\\n (j) a description of the fees to be charged by agents for external\\nappeals.\\n 2. The commissioner shall, at a minimum, require an external appeal\\nagent to:\\n (a) appoint a medical director, who is a physician in possession of a\\ncurrent and valid non-restricted license to practice medicine. Such\\ndirector shall be responsible for the supervision and oversight of the\\nexternal appeal process;\\n (b) develop written policies and procedures governing all aspects of\\nthe appeal process, including, at a minimum:\\n (i) procedures to ensure that appeals are conducted within the time\\nframes specified in section forty-nine hundred fourteen of this title,\\nand any required notices are provided in a timely manner;\\n (ii) procedures to ensure the selection of qualified and impartial\\nclinical peer reviewers. Such reviewers shall be qualified to render\\ndeterminations relating to the health care service which is the subject\\nof the final adverse determination under appeal;\\n (iii) procedures to ensure the confidentiality of medical and\\ntreatment records and review materials; and\\n (iv) procedures to ensure adherence to the requirements of this title\\nby any contractor, subcontractor, subvendor, agent or employee\\naffiliated by contract or otherwise with such external appeal agent;\\n (c) establish a quality assurance program. Such program shall include\\nwritten descriptions, to be provided to all individuals involved in such\\nprogram, of the organizational arrangements and ongoing procedures for\\nthe identification, evaluation, resolution and follow-up of potential\\nand actual problems in external appeals performed by the external appeal\\nagent and to ensure the maintenance of program standards pursuant to\\nthis section;\\n (d) establish a toll-free telephone service to receive information on\\na 24-hour-a-day 7-day-a-week basis relating to external appeals pursuant\\nto this title. Such system shall be capable of accepting, recording or\\nproviding instruction to incoming telephone calls during other than\\nnormal business hours;\\n (e) develop procedures to ensure that:\\n (i) appropriate personnel are reasonably accessible not less than\\nforty hours per week during normal business hours to discuss patient\\ncare and to allow response to telephone requests, and\\n (ii) response to accepted or recorded messages shall be made not less\\nthan one business day after the date on which the call was received; and\\n (f) be accredited by a nationally recognized private accrediting\\norganization.\\n 3. No entity shall be qualified to submit such request for application\\nif it owns or controls, is owned or controlled by, or exercises common\\ncontrol with, any of the following:\\n (a) any national, state or local illness, health benefit or public\\nadvocacy group;\\n (b) any national, state or local society or association of hospitals,\\nphysicians, or other providers of health care services; or\\n (c) any national, state or local association of health care plans.\\n 4. A health care plan shall transmit, and an external appeal agent\\nshall be authorized to receive and review, an enrollee's medical and\\ntreatment records in order to conduct an external appeal pursuant to\\nthis title.\\n 5. An external appeal agent shall provide ready access to the\\ncommissioner to all data, records, and information collected and\\nmaintained concerning such agent's external appeal activities.\\n 6. An external appeal agent shall agree to provide the commissioner\\nsuch data, information, and reports as the commissioner determines\\nnecessary to evaluate the external appeal process established pursuant\\nto this title.\\n 7. The commissioner shall provide, upon the request of any interested\\nperson, a copy of all non-proprietary information filed with the\\ncommissioner by the external appeal agent. The commissioner may charge a\\nreasonable fee to the interested person for reproducing the requested\\ninformation.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4913", "title" : "Conflict of interest", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4913", "activeDate" : "2014-09-22", "sequenceNo" : 1906, "repealedDate" : null, "fromSection" : "4913", "toSection" : "4913", "text" : " § 4913. Conflict of interest. 1. No external appeal agent or officer,\\ndirector, or management employee thereof; or clinical peer reviewer\\nemployed or engaged thereby to conduct any external appeal pursuant to\\nthis title, shall have any material professional affiliation, material\\nfamilial affiliation, material financial affiliation, or other\\naffiliation prescribed pursuant to regulation, with any of the\\nfollowing:\\n (a) the health care plan;\\n (b) any officer, director, or management employee of the health care\\nplan;\\n (c) any health care provider, physician's medical group, independent\\npractice association, or provider of pharmaceutical products or services\\nor durable medical equipment, proposing to provide or supply the health\\nservice;\\n (d) the facility at which the health service would be provided;\\n (e) the developer or manufacturer of the principal health service\\nwhich is the subject of the appeal; or\\n (f) the enrollee whose health care service is the subject of the\\nappeal, or the enrollee's designee.\\n 2. Notwithstanding the provisions of subdivision one of this section,\\nthe commissioner shall promulgate regulations to minimize any conflict\\nof interest where such conflict may be unavoidable.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4914", "title" : "Procedures for external appeals of adverse determinations", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-04-10" ], "docLevelId" : "4914", "activeDate" : "2015-04-10", "sequenceNo" : 1907, "repealedDate" : null, "fromSection" : "4914", "toSection" : "4914", "text" : " § 4914. Procedures for external appeals of adverse determinations. 1.\\nThe commissioner shall establish procedures by regulation to randomly\\nassign an external appeal agent to conduct an external appeal, provided\\nthat the commissioner may establish a maximum fee which may be charged\\nfor any such external appeal, or the commissioner may exclude from such\\nrandom assignment any external appeal agent which charges a fee which\\nshe deems to be unreasonable.\\n 2. (a) The enrollee shall have four months to initiate an external\\nappeal after the enrollee receives notice from the health care plan, or\\nsuch plan's utilization review agent if applicable, of a final adverse\\ndetermination or denial or after both the plan and the enrollee have\\njointly agreed to waive any internal appeal, or after the enrollee is\\ndeemed to have exhausted or is not required to complete any internal\\nappeal pursuant to section 2719 of the Public Health Service Act, 42\\nU.S.C. § 300gg-19. Where applicable, the enrollee's health care provider\\nshall have sixty days to initiate an external appeal after the enrollee\\nor the enrollee's health care provider, as applicable, receives notice\\nfrom the health care plan, or such plan's utilization review agent if\\napplicable, of a final adverse determination or denial or after both the\\nplan and the enrollee have jointly agreed to waive any internal appeal.\\nSuch request shall be in writing in accordance with the instructions and\\nin such form prescribed by subdivision five of this section. The\\nenrollee, and the enrollee's health care provider where applicable,\\nshall have the opportunity to submit additional documentation with\\nrespect to such appeal to the external appeal agent within the\\napplicable time period above; provided however that when such\\ndocumentation represents a material change from the documentation upon\\nwhich the utilization review agent based its adverse determination or\\nupon which the health plan based its denial, the health plan shall have\\nthree business days to consider such documentation and amend or confirm\\nsuch adverse determination.\\n (b) The external appeal agent shall make a determination with respect\\nto the appeal within thirty days of the receipt of the request therefor,\\nsubmitted in accordance with the commissioner's instructions. The\\nexternal appeal agent shall have the opportunity to request additional\\ninformation from the enrollee, the enrollee's health care provider and\\nthe enrollee's health care plan within such thirty-day period, in which\\ncase the agent shall have up to five additional business days if\\nnecessary to make such determination. The external appeal agent shall\\nnotify the enrollee, the enrollee's health care provider where\\nappropriate, and the health care plan, in writing, of the appeal\\ndetermination within two business days of the rendering of such\\ndetermination.\\n (c) Notwithstanding the provisions of paragraphs (a) and (b) of this\\nsubdivision, if the enrollee's attending physician states that a delay\\nin providing the health care service would pose an imminent or serious\\nthreat to the health of the enrollee, or if the enrollee is entitled to\\nan expedited external appeal pursuant to section 2719 of the federal\\nPublic Health Service Act, 42 U.S.C. § 300gg-19, the external appeal\\nshall be completed within no more than seventy-two hours of the request\\ntherefor and the external appeal agent shall make every reasonable\\nattempt to immediately notify the enrollee, the enrollee's health care\\nprovider where appropriate, and the health plan of its determination by\\ntelephone or facsimile, followed immediately by written notification of\\nsuch determination.\\n (d) (A) For external appeals requested pursuant to paragraph (a) of\\nsubdivision two of section forty-nine hundred ten of this title, the\\nexternal appeal agent shall review the utilization review agent's final\\nadverse determination and, in accordance with the provisions of this\\ntitle, shall make a determination as to whether the health care plan\\nacted reasonably and with sound medical judgment and in the best\\ninterest of the patient. When the external appeal agent makes its\\ndetermination, it shall consider the clinical standards of the plan, the\\ninformation provided concerning the patient, the attending physician's\\nrecommendation, and applicable generally accepted practice guidelines\\ndeveloped by the federal government, national or professional medical\\nsocieties, boards and associations. Provided that such determination\\nshall:\\n (i) be conducted only by one or a greater odd number of clinical peer\\nreviewers,\\n (ii) be accompanied by a notice of appeal determination which shall\\ninclude the reasons for the determination; provided, however, that where\\nthe final adverse determination is upheld on appeal, the notice shall\\ninclude the clinical rationale, if any, for such determination,\\n (iii) be subject to the terms and conditions generally applicable to\\nbenefits under the evidence of coverage under the health care plan,\\n (iv) be binding on the plan and the enrollee, and\\n (v) be admissible in any court proceeding.\\n (B) For external appeals requested pursuant to paragraph (b) of\\nsubdivision two of section forty-nine hundred ten of this title, the\\nexternal appeal agent shall review the proposed health service or\\nprocedure for which coverage has been denied and, in accordance with the\\nprovisions of this title and the external agent's experimental and\\ninvestigational treatment review plan, make a determination as to\\nwhether the patient costs of such health service or procedure shall be\\ncovered by the health care plan; provided that such determination shall:\\n (i) be conducted by a panel of three or a greater odd number of\\nclinical peer reviewers,\\n (ii) be accompanied by a written statement:\\n (1) that the patient costs of the proposed health service or procedure\\nshall be covered by the health care plan either: when a majority of the\\npanel of reviewers determines, based upon review of the applicable\\nmedical and scientific evidence and, in connection with rare diseases,\\nthe physician's certification required by subdivision seven-g of section\\nforty-nine hundred of this article and such other evidence as the\\nenrollee, the enrollee's designee or the enrollee's attending physician\\nmay present (or upon confirmation that the recommended treatment is a\\nclinical trial), the enrollee's medical record, and any other pertinent\\ninformation, that the proposed health service or treatment (including a\\npharmaceutical product within the meaning of subparagraph (B) of\\nparagraph (b) of subdivision five of section forty-nine hundred of this\\narticle) is likely to be more beneficial than any standard treatment or\\ntreatments for the enrollee's condition or disease or, for rare\\ndiseases, that the requested health service or procedure is likely to\\nbenefit the enrollee in the treatment of the enrollee's rare disease and\\nthat such benefit to the enrollee outweighs the risks of such health\\nservice or procedure (or, in the case of a clinical trial, is likely to\\nbenefit the enrollee in the treatment of the enrollee's condition or\\ndisease); or when a reviewing panel is evenly divided as to a\\ndetermination concerning coverage of the health service or procedure, or\\n (2) upholding the health plan's denial of coverage,\\n (iii) be subject to the terms and conditions generally applicable to\\nbenefits under the evidence of coverage under the health care plan,\\n (iv) be binding on the plan and the enrollee, and\\n (v) be admissible in any court proceeding.\\n As used in this subparagraph (B) with respect to a clinical trial,\\npatient costs shall include all costs of health services required to\\nprovide treatment to the enrollee according to the design of the trial.\\nSuch costs shall not include the costs of any investigational drugs or\\ndevices themselves, the cost of any nonhealth services that might be\\nrequired for the enrollee to receive the treatment, the costs of\\nmanaging the research, or costs which would not be covered under the\\npolicy for noninvestigational treatments.\\n (C) For external appeals requested pursuant to paragraph (c) of\\nsubdivision two of section four thousand nine hundred ten of this title\\nrelating to an out-of-network denial, the external appeal agent shall\\nreview the utilization review agent's final adverse determination and,\\nin accordance with the provisions of this title, shall make a\\ndetermination as to whether the out-of-network health service shall be\\ncovered by the health plan.\\n (i) The external appeal agent shall assign one clinical peer reviewer\\nto make a determination as to whether the out-of-network health service\\nis materially different from the health service available in-network.\\n (ii) If a determination is made that the out-of-network health service\\nis not materially different from the health service available in-network\\nthe out-of-network health service shall not be covered by the health\\nplan.\\n (iii) If a determination is made that the out-of-network health\\nservice is materially different from the health service available\\nin-network, the external appeal agent shall assign a panel with an\\nadditional two or a greater odd number of clinical peer reviewers which\\nshall make a determination as to whether the out-of-network health\\nservice shall be covered by the health plan; provided that such\\ndetermination shall:\\n (1) be accompanied by a written statement that:\\n (I) the out-of-network health service shall be covered by the health\\ncare plan either: when a majority of the panel of reviewers determines,\\nupon review of the health service requested by the enrollee, the\\nalternate recommended health service proposed by the plan, the clinical\\nstandards of the plan, the information provided concerning the enrollee,\\nthe attending physician's recommendation, the applicable medical and\\nscientific evidence, the enrollee's medical record, and any other\\npertinent information that the out-of-network health service is likely\\nto be more clinically beneficial than the proposed in-network health\\nservice and the adverse risk of the requested health service would\\nlikely not be substantially increased over the in-network health\\nservice; or\\n (II) uphold the health plan's denial of coverage.\\n (2) be subject to the terms and conditions generally applicable to\\nbenefits under the evidence of coverage under the health care plan;\\n (3) be binding on the plan and the enrollee; and\\n (4) be admissible in any court proceeding.\\n (D) For external appeals requested pursuant to paragraph (d) of\\nsubdivision two of section four thousand nine hundred ten of this title\\nrelating to an out-of-network referral denial, the external appeal agent\\nshall review the utilization review agent's final adverse determination\\nand, in accordance with the provisions of this title, shall make a\\ndetermination as to whether the out-of-network referral shall be covered\\nby the health plan; provided that such determination shall:\\n (i) be conducted only by one or a greater odd number of clinical peer\\nreviewers;\\n (ii) be accompanied by a written statement:\\n (1) that the out-of-network referral shall be covered by the health\\ncare plan either when the reviewer or a majority of the panel of\\nreviewers determines, upon review of the training and experience of the\\nin-network health care provider or providers proposed by the plan, the\\ntraining and experience of the requested out-of-network provider, the\\nclinical standards of the plan, the information provided concerning the\\nenrollee, the attending physician's recommendation, the enrollee's\\nmedical record, and any other pertinent information, that the health\\nplan does not have a provider with the appropriate training and\\nexperience to meet the particular health care needs of an enrollee who\\nis able to provide the requested health service, and that the\\nout-of-network provider has the appropriate training and experience to\\nmeet the particular health care needs of an enrollee, is able to provide\\nthe requested health service, and is likely to produce a more clinically\\nbeneficial outcome; or\\n (2) upholding the health plan's denial of coverage;\\n (iii) be subject to the terms and conditions generally applicable to\\nbenefits under the evidence of coverage under the health care plan;\\n (iv) be binding on the plan and the enrollee; and\\n (v) be admissible in any court proceeding.\\n 3. No external appeal agent or clinical peer reviewer conducting an\\nexternal appeal shall be liable in damages to any person for any\\nopinions rendered by such external appeal agent or clinical peer\\nreviewer upon completion of an external appeal conducted pursuant to\\nthis section, unless such opinion was rendered in bad faith or involved\\ngross negligence.\\n 4. (a) Except as provided in paragraphs (b) and (c) of this\\nsubdivision, payment for an external appeal shall be the responsibility\\nof the health care plan. The health care plan shall make payment to the\\nexternal appeal agent within forty-five days from the date the appeal\\ndetermination is received by the health care plan, and the health care\\nplan shall be obligated to pay such amount together with interest\\nthereon calculated at a rate which is the greater of the rate set by the\\ncommissioner of taxation and finance for corporate taxes pursuant to\\nparagraph one of subsection (e) of section one thousand ninety-six of\\nthe tax law or twelve percent per annum, to be computed from the date\\nthe bill was required to be paid, in the event that payment is not made\\nwithin such forty-five days.\\n (b) If an enrollee's health care provider requests an external appeal\\nof a concurrent adverse determination and the external appeal agent\\nupholds the health care plan's determination in whole, payment for the\\nexternal appeal shall be made by the health care provider in the manner\\nand subject to the timeframes and requirements set forth in paragraph\\n(a) of this subdivision.\\n (c) If an enrollee's health care provider requests an external appeal\\nof a concurrent adverse determination and the external appeal agent\\nupholds the health care plan's determination in part, payment for the\\nexternal appeal shall be evenly divided between the health care plan and\\nthe enrollee's health care provider who requested the external appeal\\nand shall be made by the health care plan and the enrollee's health care\\nprovider in the manner and subject to the timeframes and requirements\\nset forth in paragraph (a) of this subdivision; provided, however, that\\nthe commissioner may, upon a determination by the superintendent of\\nfinancial services that health care plans or health care providers are\\nexperiencing a substantial hardship as a result of payment for the\\nexternal appeal when the external appeal agent upholds the health care\\nplan's determination in part, in consultation with the superintendent,\\npromulgate regulations to limit such hardship.\\n (d) If an enrollee's health care provider was acting as the enrollee's\\ndesignee, payment for the external appeal shall be made by the health\\ncare plan. The external appeal and any designation shall be submitted on\\na standard form developed by the commissioner in consultation with the\\nsuperintendent of financial services pursuant to subdivision five of\\nthis section. The superintendent of financial services shall have the\\nauthority upon receipt of an external appeal to confirm the designation\\nor request other information as necessary, in which case the\\nsuperintendent of financial services shall make at least two written\\nrequests to the enrollee to confirm the designation. The enrollee shall\\nhave two weeks to respond to each such request. If the enrollee fails to\\nrespond to the superintendent of financial services within the specified\\ntimeframe, the superintendent of financial services shall make two\\nwritten requests to the health care provider to file an external appeal\\non his or her own behalf. The health care provider shall have two weeks\\nto respond to each such request. If the health care provider does not\\nrespond to the superintendent of financial services requests within the\\nspecified timeframe, the superintendent of financial services shall\\nreject the appeal. If the health care provider responds to the\\nsuperintendent's requests, payment for the external appeal shall be made\\nin accordance with paragraphs (b) and (c) of this subdivision.\\n 5. The commissioner, in consultation with the superintendent of\\nfinancial services, shall promulgate by regulation a standard\\ndescription of the external appeal process established under this\\nsection, which shall provide a standard form and instructions for the\\ninitiation of an external appeal by an enrollee.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4915", "title" : "Prohibited practices", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4915", "activeDate" : "2014-09-22", "sequenceNo" : 1908, "repealedDate" : null, "fromSection" : "4915", "toSection" : "4915", "text" : " § 4915. Prohibited practices. An external appeal agent shall not, with\\nrespect to external appeal activities, permit or provide compensation or\\nanything of value to its employees, agents, or contractors based on:\\n 1. either a percentage of the amount by which a claim is reduced for\\npayment or the number of claims or the cost of services for which the\\nperson has denied authorization or payment; or\\n 2. any other method that encourages the upholding of an adverse\\ndetermination.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4916", "title" : "Oversight and surveillance of the external appeal process", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4916", "activeDate" : "2014-09-22", "sequenceNo" : 1909, "repealedDate" : null, "fromSection" : "4916", "toSection" : "4916", "text" : " § 4916. Oversight and surveillance of the external appeal process. 1.\\nThe commissioner shall have the power to:\\n (a) review the activities of the health care plans and external appeal\\nagents pursuant to this title, including the extent to which such plans\\nand agents adhere to the standards and time frames required pursuant to\\nthis title;\\n (b) investigate complaints by enrollees regarding requests for and\\nprocessing of external appeals; and\\n (c) conduct random audits of health care plans and external appeal\\nagents to determine compliance with the provisions of this title.\\n 2. Each health care plan and external appeal agent shall annually, in\\nsuch form as the commissioner shall require, report the number of\\nexternal appeals requested by enrollees and the outcomes of any such\\nexternal appeals.\\n 3. The commissioner shall annually report, by plan and agent, such\\ninformation to the governor and the legislature, provided that no such\\ninformation shall be included which would otherwise be deemed\\nconfidential information within the meaning of this chapter.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "4917", "title" : "Hold harmless", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4917", "activeDate" : "2014-09-22", "sequenceNo" : 1910, "repealedDate" : null, "fromSection" : "4917", "toSection" : "4917", "text" : " § 4917. Hold harmless. A health care provider requesting an external\\nappeal of a concurrent adverse determination, including when the health\\ncare provider requests an external appeal as the enrollee's designee,\\nshall not pursue reimbursement from the enrollee for services determined\\nnot medically necessary by the external appeal agent, except to collect\\na copayment.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 8 }, "repealed" : false } ], "size" : 2 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "A50", "title" : "Separability Clause; Saving Clause; Construction; Laws Repealed; Time of Taking Effect", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "50", "activeDate" : "2014-09-22", "sequenceNo" : 1911, "repealedDate" : null, "fromSection" : "5000", "toSection" : "5003", "text" : " ARTICLE 50\\n SEPARABILITY CLAUSE; SAVING CLAUSE; CONSTRUCTION; LAWS REPEALED;\\n TIME OF TAKING EFFECT\\nSection 5000. Separability clause.\\n 5001. Saving clause; construction.\\n 5002. Laws repealed.\\n 5003. Time of taking effect.\\n", "documents" : { "items" : [ { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "5000", "title" : "Separability clause", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "5000", "activeDate" : "2014-09-22", "sequenceNo" : 1912, "repealedDate" : null, "fromSection" : "5000", "toSection" : "5000", "text" : " § 5000. Separability clause. If any clause, sentence, paragraph,\\nsection or part of this chapter shall be adjudged by any court of\\ncompetent jurisdiction to be invalid, such judgment shall not affect,\\nimpair, or invalidate the remainder thereof, but shall be confined in\\nits operation to the clause, sentence, paragraph, section, or part\\nthereof directly involved in the controversy in which such judgment\\nshall have been rendered.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "5001", "title" : "Saving clause; construction", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "5001", "activeDate" : "2014-09-22", "sequenceNo" : 1913, "repealedDate" : null, "fromSection" : "5001", "toSection" : "5001", "text" : " § 5001. Saving clause; construction. 1. Nothing contained in this act\\nshall affect or impair any act done or right accruing, accrued or\\nacquired, or any penalty, forfeiture or punishment incurred prior to the\\ntime when this act shall take effect, under or by virtue of the\\nprovision or provisions of the public health law, as in force\\nimmediately prior to the time this act shall take effect, but the same\\nmay be asserted, enforced, prosecuted or inflicted, as fully and to the\\nsame extent as if this act shall not have taken effect.\\n 2. An act of the legislature of the year nineteen hundred fifty-four\\nwhich adds or purports to add a new article, section, subdivision or\\nother provision of law to the public health law, as in force immediately\\nprior to the time this act shall take effect, shall be deemed and\\nconstrued as having been added to such law, as amended by this act, and\\nshall be given full effect according to its context as if the same had\\nbeen added expressly and in terms of such law, as amended by this act,\\nand shall be deemed and construed to have been inserted in such law, as\\namended by this act, in the appropriate respective position in regard to\\nand as modifying the effect of the corresponding provision or provisions\\nof such law, as amended by this act.\\n 3. Reference in any act of the legislature of the year nineteen\\nhundred fifty-four to an existing article, section, subdivision or other\\nprovision of the public health law, as in force immediately prior to the\\ntime this act shall take effect, shall be deemed and construed to refer\\nto the corresponding article, section, subdivision or other provision of\\nsuch law, as renumbered, modified or amended by this act.\\n 4. Reference in any general, special or local law, rule, regulation or\\npublic document to any provision or provisions of the public health law,\\nas in force immediately prior to the time this act shall take effect,\\nshall be deemed to be and construed as a reference to the corresponding\\nprovision or provisions of such law, as renumbered, modified or amended\\nby this act, irrespective of whether such provision or provisions is or\\nare contained in one or more than one title, article, section,\\nsubdivision or other part thereof.\\n 5. The provisions of this chapter in so far as they are substantially\\nthe same as the existing provisions of the public health law shall be\\nconstrued as a continuation of the provisions of the former public\\nhealth law and not as new enactments.\\n 6. This chapter shall not affect pending actions or proceedings, civil\\nor criminal, but the same may be prosecuted or defended in the same\\nmanner and with the same effect as though this chapter had not been\\npassed.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "5002", "title" : "Laws repealed", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "5002", "activeDate" : "2014-09-22", "sequenceNo" : 1914, "repealedDate" : null, "fromSection" : "5002", "toSection" : "5002", "text" : " § 5002. Laws repealed. Chapter forty-nine of the laws of nineteen\\nhundred nine, entitled \"An act in relation to the public health,\\nconstituting chapter forty-five of the consolidated laws, \" and all acts\\namendatory thereof and supplemental thereto, constituting the public\\nhealth law as heretofore in force, are hereby repealed, except as\\notherwise provided herein.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "PBH", "lawName" : "Public Health", "locationId" : "5003", "title" : "Time of taking effect", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "5003", "activeDate" : "2014-09-22", "sequenceNo" : 1915, "repealedDate" : null, "fromSection" : "5003", "toSection" : "5003", "text" : " § 5003. Time of taking effect. This act shall take effect June first,\\nnineteen hundred fifty-four.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 4 }, "repealed" : false } ], "size" : 112 }, "repealed" : false } } }