Bill Text: NY S05671 | 2017-2018 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relates to repealing or modifying reporting requirements of the department of health.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2017-06-21 - SUBSTITUTED BY A7747A [S05671 Detail]

Download: New_York-2017-S05671-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          5671
                               2017-2018 Regular Sessions
                    IN SENATE
                                     April 25, 2017
                                       ___________
        Introduced by Sen. HANNON -- (at request of the Department of Health) --
          read  twice  and  ordered printed, and when printed to be committed to
          the Committee on Health
        AN ACT to amend the public health law, the social services law and chap-
          ter 2 of the laws of 2004 amending the public health law,  the  social
          services  law  and  the  state  finance  law  relating to enacting the
          assisted living reform act, in relation to reporting  requirements  by
          the  department  of health; to repeal certain provisions of the public
          health law and the social services law  relating  thereto;  to  repeal
          section  10  of  chapter 409 of the laws of 1991 relating to providing
          for the submission of certain reports and  written  plans  by  certain
          state  departments,  the  omnibus economic development act of nineteen
          hundred eighty-seven, and the New York state urban development  corpo-
          ration act, relating to reporting requirements; to repeal section 2 of
          the  families in transition act of 2000, relating to an annual report-
          ing requirement; and to repeal section 24-b of part B of chapter 58 of
          the laws of 2007 amending the elder law and other laws relating to the
          elderly pharmaceutical insurance coverage program, program eligibility
          and the generic drug dispensing fee, relating  to  reporting  require-
          ments
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Subdivision 5 of section 266 of the public health  law,  as
     2  added by chapter 483 of the laws of 2014, is amended to read as follows:
     3    5.  Report [annually] every three years, commencing January first, two
     4  thousand eighteen, to the commissioner, the temporary president  of  the
     5  senate,  the  speaker  of the assembly, the chair of the senate standing
     6  committee on health, and the chair of the assembly health committee.
     7    § 2. Subparagraph (ii) of paragraph (b) of subdivision  1  of  section
     8  409-c of the public health law is REPEALED.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10166-01-7
        S. 5671                             2
     1    §  3.  Subdivision  5  of  section  613  of  the  public health law is
     2  REPEALED.
     3    § 4. Section 695-d of the public health law is REPEALED.
     4    §  5. Paragraph o of subdivision 1 of section 802 of the public health
     5  law is REPEALED.
     6    § 5-a. Paragraphs m and n of subdivision  1  of  section  802  of  the
     7  public  health  law,  as added by chapter 445 of the laws of 1975 and as
     8  relettered by chapter 231 of the laws of 1990, are amended  to  read  as
     9  follows:
    10    m. make rules and regulations for the exercise of the council's powers
    11  and  performance  of  its duties in order to carry out the provisions of
    12  this article; and
    13    n. exercise and perform such other functions, powers,  and  duties  as
    14  may from time to time be conferred or imposed by law[; and].
    15    §  6.  Paragraph  (h)  of  subdivision 2 of section 1606 of the public
    16  health law is REPEALED.
    17    § 7. Subdivision 12 of section  2165  of  the  public  health  law  is
    18  REPEALED.
    19    §  8.  Subdivisions 1 and 2 of section 2401-a of the public health law
    20  are REPEALED.
    21    § 9. Subdivision 3 of section 2401-a of  the  public  health  law,  as
    22  added by chapter 393 of the laws of 2007, is amended to read as follows:
    23    [3.]  Skin  cancer reporting. The department shall [annually] submit a
    24  written report every three years, commencing January first, two thousand
    25  eighteen, to the governor and the legislature on the incidence  of  skin
    26  cancer  in  the  state  of  New York, by type and as a percentage of the
    27  overall number of reported cases of all types of cancer, as well as  the
    28  associated causes of each type of skin cancer, if such causes are readi-
    29  ly  ascertainable. Such report shall be generated based on data gathered
    30  and reviewed pursuant to this title, and shall provide information which
    31  is as current as practicable; provided, however, a retrospective of  the
    32  past  ten  years  of  information  collected  pursuant to this title and
    33  predominant trends associated with such information,  as  concerns  skin
    34  cancer  and  its  associated causes, shall be a component of such report
    35  and each report submitted thereafter. At the discretion of  the  commis-
    36  sioner,  such  reports may provide additional information other than the
    37  information required by  this  subdivision.  The  first  report  created
    38  pursuant  to  this  subdivision  shall  be  submitted one year after the
    39  effective date of this subdivision. The reports  generated  pursuant  to
    40  this  subdivision  shall  be made available to the public on the depart-
    41  ment's website.
    42    § 10. Subdivision 3 of section  2475  of  the  public  health  law  is
    43  REPEALED.
    44    § 11. Section 2500-c of the public health law is REPEALED.
    45    §  12.  Subdivision  5  of section 2500-i of the public health law, as
    46  added by chapter 46 of the laws of 2008, is amended to read as follows:
    47    5. The department shall [annually report, on or before January first,]
    48  report every three years, commencing January first, two  thousand  eigh-
    49  teen,  to  the  governor,  the temporary president of the senate and the
    50  speaker of the assembly on the implementation of this  section  and  any
    51  recommendations for furthering the purpose of this section.
    52    §  13.  Subdivision  13  of  section  2511 of the public health law is
    53  REPEALED.
    54    § 14. Section 2515-d of the public health law is REPEALED.
    55    § 15. Section 2703 of the public health law is REPEALED.
        S. 5671                             3
     1    § 16. Paragraph (g) of subdivision 1 of section  2712  of  the  public
     2  health law is REPEALED.
     3    §  17.  Subdivision  5  of  section 2803-b of the public health law is
     4  REPEALED.
     5    § 18. Section 2953 of the public health law is REPEALED.
     6    § 19. Subdivision 12 of section 2959-a of the  public  health  law  is
     7  REPEALED.
     8    §  20.  Subdivision  3  of  section 2998-a of the public health law is
     9  REPEALED.
    10    § 21. Paragraph (e) of subdivision 1 of section 2998-b of  the  public
    11  health law is REPEALED.
    12    §  22.  Paragraph (c) of subdivision 1 of section 2998-c of the public
    13  health law is REPEALED.
    14    § 23. Section 3397-g of the public health law is REPEALED.
    15    § 24. Paragraph (b) of subdivision 5 of section  3614  of  the  public
    16  health  law, as amended by chapter 60 of the laws of 1993, is amended to
    17  read as follows:
    18    (b) The total amount of funds to be allocated and distributed for  bad
    19  debt and charity care allowances to eligible certified home health agen-
    20  cies  for  a  rate  period  in accordance with this subdivision shall be
    21  limited to an annual aggregate amount of six million two  hundred  fifty
    22  thousand  dollars; provided, however, that the amount of funds allocated
    23  for distribution to eligible publicly sponsored  certified  home  health
    24  agencies for bad debt and charity care allowances shall not exceed thir-
    25  ty-five percent of total available funds for all eligible certified home
    26  health  agencies for bad debt and charity care allowances. In establish-
    27  ing an apportionment of available funds to publicly sponsored  certified
    28  home health agencies in accordance with this paragraph, the commissioner
    29  shall  promulgate  regulations which may include, but not be limited to,
    30  such factors as the ratio of public to nonpublic base  year  period  bad
    31  debt  and  charity care provided by eligible certified home health agen-
    32  cies and differences in costs for delivering such services.    Certified
    33  home health agencies provided by general hospitals shall not be eligible
    34  for  any  portion  of  the allocation pursuant to this paragraph for the
    35  period of July first, nineteen hundred ninety through  December  thirty-
    36  first,  nineteen  hundred  ninety-four,  or  for  such  longer period if
    37  extended by law, based on the projected  availability  of  an  equitable
    38  level  of  bad debt and charity care coverage for such agencies provided
    39  pursuant to chapter two of the laws of nineteen hundred eighty-eight and
    40  any future amendments thereto. [In order to determine  the  appropriate-
    41  ness  of  the exclusion of hospital-based certified home health agencies
    42  and the allocation to publicly sponsored certified home health  agencies
    43  pursuant  to this paragraph, the commissioner on or before April thirti-
    44  eth, nineteen hundred ninety-one and annually thereafter shall report to
    45  the governor, the chairmen of the senate finance and assembly  ways  and
    46  means  committees  and  the chairmen of the senate and assembly standing
    47  committees on health comparing the levels of bad debt and  charity  care
    48  coverage  for  all certified home health agencies and indicating whether
    49  such coverage is equitable, within a five percent differential,  between
    50  hospital-based,  public, other voluntary non-profit and private proprie-
    51  tary certified home health agencies considering the availability of  all
    52  other  forms  of financial support or subsidies for this purpose. Should
    53  the differential of the preceding be  greater  than  five  percent,  the
    54  commissioner  shall  recommend  modifications  to the provisions of this
    55  paragraph, and to any associated regulations, as  may  be  necessary  to
    56  achieve equitable levels of bad debt and charity care coverage.]
        S. 5671                             4
     1    § 25. Section 4807 of the public health law is REPEALED.
     2    §  26. Section 366-h of the social services law, as added by section 7
     3  of part B of chapter 57 of the laws of  2000,  is  amended  to  read  as
     4  follows:
     5    § 366-h. Automated system; established. Notwithstanding any inconsist-
     6  ent provision of law or regulation, the commissioner of health shall, as
     7  soon  as  practicable,  establish  an  automated  system  to ensure that
     8  persons who meet the criteria for receipt of medical assistance benefits
     9  under paragraph (a) or (c) of subdivision four of section three  hundred
    10  sixty-six  of this title shall remain enrolled in the medical assistance
    11  program without interruption and receive the benefits set forth  accord-
    12  ing to paragraph (a) or (c) of subdivision four of section three hundred
    13  sixty-six  of  this  title.  Pending  implementation  of  such automated
    14  system, such commissioner shall, in  consultation  with  the  office  of
    15  temporary  and  disability assistance, undertake and continue efforts to
    16  educate local departments of social services  about  the  measures  they
    17  must  take  to  ensure  that medical assistance benefits are provided to
    18  persons eligible for such benefits under  subdivision  four  of  section
    19  three  hundred  sixty-six  of  this  title. [A report on the progress to
    20  implement such automated system  shall  be  submitted  annually  to  the
    21  governor and the legislature by the commissioner of health.]
    22    §  27.  Subdivision  5  of section 367-e of the social services law is
    23  REPEALED.
    24    § 28. Section 10 of chapter 409  of  the  laws  of  1991  relating  to
    25  providing  for  the  submission  of certain reports and written plans by
    26  certain state departments, the omnibus economic development act of nine-
    27  teen hundred eighty-seven, and the  New  York  state  urban  development
    28  corporation act, is REPEALED.
    29    §  29. Section 2 of chapter 477 of the laws of 2000 relating to enact-
    30  ing the families in transition act of 2000, is REPEALED.
    31    § 30. Section 5 of chapter 2 of the laws of 2004 amending  the  public
    32  health  law,  the social services law and the state finance law relating
    33  to enacting the assisted living  reform  act,  is  amended  to  read  as
    34  follows:
    35    §  5.  A task force on adult care facilities and assisted living resi-
    36  dences is hereby created,  and  shall  consist  of  ten  members  to  be
    37  appointed  as  follows:  six members shall be appointed by the governor,
    38  two members shall be appointed by the temporary president of the senate,
    39  and two members shall be appointed by the speaker of the assembly.   The
    40  purpose  of  such  task  force,  which  shall be convened not later than
    41  December 1, 2004, shall be to update and  revise  the  requirements  and
    42  regulations  applicable  to  adult  care  facilities and assisted living
    43  residences to better promote resident choice, autonomy and independence.
    44  Ex officio members of the task force shall include the  commissioner  of
    45  health, the director of the state office for the aging, the commissioner
    46  of  the  office of mental health, the chair of the commission on quality
    47  of care for the mentally disabled, or their designees.  The  task  force
    48  shall  gather  information  regarding the various ways in which existing
    49  requirements and guidelines unduly infringe on affordability of care and
    50  services, individual resident choice, autonomy and independence, examine
    51  and evaluate such requirements and guidelines, and make  recommendations
    52  to  improve  them  so that they achieve their desired objectives for the
    53  resident populations they are designed  to  protect  without  infringing
    54  upon  the  choice,  autonomy  and  independence of other residents. Such
    55  recommendations shall include, but not be  limited  to:  (a)  minimizing
    56  duplicative  or  unnecessary regulatory oversight; (b) ensuring that the
        S. 5671                             5
     1  indigent have adequate access to, and that there are a sufficient number
     2  of  enhanced  assisted  living  residences;  (c)  developing  affordable
     3  assisted living; (d) promoting resident choice and independence; (e) the
     4  evaluation  tool  as  required by section 4657 of the public health law;
     5  and, (f) specific standards and criteria relating to the  special  needs
     6  certificates  required  by  section  4655 of the public health law. [The
     7  task force shall issue a report of its findings and  recommendations  to
     8  the  governor  and  legislature  on  or before June 1, 2005 and annually
     9  thereafter.]
    10    § 31. Section 24-b of part B of chapter 58 of the laws of 2007, amend-
    11  ing the elder law and other laws relating to the elderly  pharmaceutical
    12  insurance  coverage  program,  program  eligibility and the generic drug
    13  dispensing fee, is REPEALED.
    14    § 32. This act shall take effect immediately; provided, however, that:
    15    (a) sections one, nine and twelve of this act shall take effect Decem-
    16  ber 31, 2017; and
    17    (b) the amendments to paragraph (b) of subdivision 5 of  section  3614
    18  of  the  public health law made by section twenty-four of this act shall
    19  not affect the expiration of such subdivision and  shall  be  deemed  to
    20  expire therewith.