STATE OF NEW YORK
________________________________________________________________________
5671--A
Cal. No. 1150
2017-2018 Regular Sessions
IN SENATE
April 25, 2017
___________
Introduced by Sens. HANNON, LARKIN -- (at request of the Department of
Health) -- read twice and ordered printed, and when printed to be
committed to the Committee on Health -- reported favorably from said
committee, ordered to first and second report, ordered to a third
reading, amended and ordered reprinted, retaining its place in the
order of third reading
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.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10166-03-7
S. 5671--A 2
1 § 2. Subparagraph (ii) of paragraph (b) of subdivision 1 of section
2 409-c of the public health law is REPEALED.
3 § 3. Subdivision 5 of section 613 of the public health law is
4 REPEALED.
5 § 4. Section 695-d of the public health law is REPEALED.
6 § 5. Paragraph o of subdivision 1 of section 802 of the public health
7 law is REPEALED.
8 § 5-a. Paragraphs m and n of subdivision 1 of section 802 of the
9 public health law, as added by chapter 445 of the laws of 1975 and as
10 relettered by chapter 231 of the laws of 1990, are amended to read as
11 follows:
12 m. make rules and regulations for the exercise of the council's powers
13 and performance of its duties in order to carry out the provisions of
14 this article; and
15 n. exercise and perform such other functions, powers, and duties as
16 may from time to time be conferred or imposed by law[; and].
17 § 6. Paragraph (h) of subdivision 2 of section 1606 of the public
18 health law is REPEALED.
19 § 7. Subdivision 12 of section 2165 of the public health law is
20 REPEALED.
21 § 8. The section heading and subdivisions 1 and 2 of section 2401-a of
22 the public health law are REPEALED.
23 § 9. Subdivision 3 of section 2401-a of the public health law, as
24 added by chapter 393 of the laws of 2007, is amended to read as follows:
25 [3.] Skin cancer reporting. The department shall [annually] submit a
26 written report every three years, commencing January first, two thousand
27 eighteen, to the governor and the legislature on the incidence of skin
28 cancer in the state of New York, by type and as a percentage of the
29 overall number of reported cases of all types of cancer, as well as the
30 associated causes of each type of skin cancer, if such causes are readi-
31 ly ascertainable. Such report shall be generated based on data gathered
32 and reviewed pursuant to this title, and shall provide information which
33 is as current as practicable; provided, however, a retrospective of the
34 past ten years of information collected pursuant to this title and
35 predominant trends associated with such information, as concerns skin
36 cancer and its associated causes, shall be a component of such report
37 and each report submitted thereafter. At the discretion of the commis-
38 sioner, such reports may provide additional information other than the
39 information required by this [subdivision] section. The first report
40 created pursuant to this [subdivision] section shall be submitted one
41 year after the effective date of this [subdivision] section. The reports
42 generated pursuant to this [subdivision] section shall be made available
43 to the public on the department's website.
44 § 10. Subdivision 3 of section 2475 of the public health law is
45 REPEALED.
46 § 11. Subdivision 6 of section 2500-c of the public health law is
47 REPEALED.
48 § 12. Subdivision 5 of section 2500-i of the public health law, as
49 added by chapter 46 of the laws of 2008, is amended to read as follows:
50 5. The department shall [annually report, on or before January first,]
51 report every three years, commencing January first, two thousand eigh-
52 teen, to the governor, the temporary president of the senate and the
53 speaker of the assembly on the implementation of this section and any
54 recommendations for furthering the purpose of this section.
55 § 13. Subdivision 13 of section 2511 of the public health law is
56 REPEALED.
S. 5671--A 3
1 § 14. Section 2515-d of the public health law is REPEALED.
2 § 15. Section 2703 of the public health law is REPEALED.
3 § 16. Paragraph (g) of subdivision 1 of section 2712 of the public
4 health law is REPEALED.
5 § 17. Subdivision 5 of section 2803-b of the public health law is
6 REPEALED.
7 § 18. Section 2953 of the public health law is REPEALED.
8 § 19. Subdivision 12 of section 2959-a of the public health law is
9 REPEALED.
10 § 20. Subdivision 3 of section 2998-a of the public health law is
11 REPEALED.
12 § 21. Paragraph (e) of subdivision 1 of section 2998-b of the public
13 health law is REPEALED.
14 § 22. Paragraph (c) of subdivision 1 of section 2998-c of the public
15 health law is REPEALED.
16 § 23. Section 3397-g of the public health law is REPEALED.
17 § 24. Paragraph (b) of subdivision 5 of section 3614 of the public
18 health law, as amended by chapter 60 of the laws of 1993, is amended to
19 read as follows:
20 (b) The total amount of funds to be allocated and distributed for bad
21 debt and charity care allowances to eligible certified home health agen-
22 cies for a rate period in accordance with this subdivision shall be
23 limited to an annual aggregate amount of six million two hundred fifty
24 thousand dollars; provided, however, that the amount of funds allocated
25 for distribution to eligible publicly sponsored certified home health
26 agencies for bad debt and charity care allowances shall not exceed thir-
27 ty-five percent of total available funds for all eligible certified home
28 health agencies for bad debt and charity care allowances. In establish-
29 ing an apportionment of available funds to publicly sponsored certified
30 home health agencies in accordance with this paragraph, the commissioner
31 shall promulgate regulations which may include, but not be limited to,
32 such factors as the ratio of public to nonpublic base year period bad
33 debt and charity care provided by eligible certified home health agen-
34 cies and differences in costs for delivering such services. Certified
35 home health agencies provided by general hospitals shall not be eligible
36 for any portion of the allocation pursuant to this paragraph for the
37 period of July first, nineteen hundred ninety through December thirty-
38 first, nineteen hundred ninety-four, or for such longer period if
39 extended by law, based on the projected availability of an equitable
40 level of bad debt and charity care coverage for such agencies provided
41 pursuant to chapter two of the laws of nineteen hundred eighty-eight and
42 any future amendments thereto. [In order to determine the appropriate-
43 ness of the exclusion of hospital-based certified home health agencies
44 and the allocation to publicly sponsored certified home health agencies
45 pursuant to this paragraph, the commissioner on or before April thirti-
46 eth, nineteen hundred ninety-one and annually thereafter shall report to
47 the governor, the chairmen of the senate finance and assembly ways and
48 means committees and the chairmen of the senate and assembly standing
49 committees on health comparing the levels of bad debt and charity care
50 coverage for all certified home health agencies and indicating whether
51 such coverage is equitable, within a five percent differential, between
52 hospital-based, public, other voluntary non-profit and private proprie-
53 tary certified home health agencies considering the availability of all
54 other forms of financial support or subsidies for this purpose. Should
55 the differential of the preceding be greater than five percent, the
56 commissioner shall recommend modifications to the provisions of this
S. 5671--A 4
1 paragraph, and to any associated regulations, as may be necessary to
2 achieve equitable levels of bad debt and charity care coverage.]
3 § 25. Section 4807 of the public health law is REPEALED.
4 § 26. Section 366-h of the social services law, as added by section 7
5 of part B of chapter 57 of the laws of 2000, is amended to read as
6 follows:
7 § 366-h. Automated system; established. Notwithstanding any inconsist-
8 ent provision of law or regulation, the commissioner of health shall, as
9 soon as practicable, establish an automated system to ensure that
10 persons who meet the criteria for receipt of medical assistance benefits
11 under paragraph (a) or (c) of subdivision four of section three hundred
12 sixty-six of this title shall remain enrolled in the medical assistance
13 program without interruption and receive the benefits set forth accord-
14 ing to paragraph (a) or (c) of subdivision four of section three hundred
15 sixty-six of this title. Pending implementation of such automated
16 system, such commissioner shall, in consultation with the office of
17 temporary and disability assistance, undertake and continue efforts to
18 educate local departments of social services about the measures they
19 must take to ensure that medical assistance benefits are provided to
20 persons eligible for such benefits under subdivision four of section
21 three hundred sixty-six of this title. [A report on the progress to
22 implement such automated system shall be submitted annually to the
23 governor and the legislature by the commissioner of health.]
24 § 27. Subdivision 5 of section 367-e of the social services law is
25 REPEALED.
26 § 28. Section 10 of chapter 409 of the laws of 1991 relating to
27 providing for the submission of certain reports and written plans by
28 certain state departments, the omnibus economic development act of nine-
29 teen hundred eighty-seven, and the New York state urban development
30 corporation act, is REPEALED.
31 § 29. Section 2 of chapter 477 of the laws of 2000 relating to enact-
32 ing the families in transition act of 2000, is REPEALED.
33 § 30. Section 5 of chapter 2 of the laws of 2004 amending the public
34 health law, the social services law and the state finance law relating
35 to enacting the assisted living reform act, is amended to read as
36 follows:
37 § 5. A task force on adult care facilities and assisted living resi-
38 dences is hereby created, and shall consist of ten members to be
39 appointed as follows: six members shall be appointed by the governor,
40 two members shall be appointed by the temporary president of the senate,
41 and two members shall be appointed by the speaker of the assembly. The
42 purpose of such task force, which shall be convened not later than
43 December 1, 2004, shall be to update and revise the requirements and
44 regulations applicable to adult care facilities and assisted living
45 residences to better promote resident choice, autonomy and independence.
46 Ex officio members of the task force shall include the commissioner of
47 health, the director of the state office for the aging, the commissioner
48 of the office of mental health, the chair of the commission on quality
49 of care for the mentally disabled, or their designees. The task force
50 shall gather information regarding the various ways in which existing
51 requirements and guidelines unduly infringe on affordability of care and
52 services, individual resident choice, autonomy and independence, examine
53 and evaluate such requirements and guidelines, and make recommendations
54 to improve them so that they achieve their desired objectives for the
55 resident populations they are designed to protect without infringing
56 upon the choice, autonomy and independence of other residents. Such
S. 5671--A 5
1 recommendations shall include, but not be limited to: (a) minimizing
2 duplicative or unnecessary regulatory oversight; (b) ensuring that the
3 indigent have adequate access to, and that there are a sufficient number
4 of enhanced assisted living residences; (c) developing affordable
5 assisted living; (d) promoting resident choice and independence; (e) the
6 evaluation tool as required by section 4657 of the public health law;
7 and, (f) specific standards and criteria relating to the special needs
8 certificates required by section 4655 of the public health law. [The
9 task force shall issue a report of its findings and recommendations to
10 the governor and legislature on or before June 1, 2005 and annually
11 thereafter.]
12 § 31. Section 24-b of part B of chapter 58 of the laws of 2007, amend-
13 ing the elder law and other laws relating to the elderly pharmaceutical
14 insurance coverage program, program eligibility and the generic drug
15 dispensing fee, is REPEALED.
16 § 32. This act shall take effect immediately; provided, however, that:
17 (a) sections one, nine and twelve of this act shall take effect Decem-
18 ber 31, 2017; and
19 (b) the amendments to paragraph (b) of subdivision 5 of section 3614
20 of the public health law made by section twenty-four of this act shall
21 not affect the expiration of such subdivision and shall be deemed to
22 expire therewith.