NY State Senate Bill S4007 (2023)

Enacts into law major components of legislation necessary to implement the state health and mental hygiene budget for the 2023-2024 state fiscal year; extends provisions of law relating to requiring the director of the budget, in consultation with the commissioner of health, to assess on a quarterly basis known and projected department of health state funds Medicaid expenditures by category of service and by geographic regions (Part A); relates to the effectiveness of certain provisions relating to contracts between plans, insurers, or corporations and hospitals; relates to the effectiveness of certain provisions of relating to the amount of income to be applied toward the cost of medical care, services and supplies of institutionalized spouses…(view more) relates to the effectiveness of certain provisions expanding medical assistance eligibility and the scope of services available to certain persons with disabilities; relates to the age of eligibility for home and community-based services waivers; relates to the effectiveness of certain provisions relating to body imaging scanning equipment; relates to the effectiveness of certain provisions relating to professional misconduct proceedings; relates to the effectiveness of certain provisions relating to regulating activities of physicians; extends the demonstration period in certain physician committees; relates to the effectiveness of certain provisions relating to the operation of department of health facilities; relates to reimbursement rate promulgation for residential health care facilities; relates to certified home health agency services payments; relates to the effectiveness of certain provisions relating to limiting the method of payment for prescription drugs under the medical assistance program; relates to the effectiveness of certain provisions continuing nursing home upper payment limit payments; relates to the effectiveness of certain provisions encouraging comprehensive health services; relates to the effectiveness of certain provisions relating to increasing information available to patients; makes certain provisions relating to the statewide health information network of New York and the statewide planning and research cooperative system and general powers and duties permanent; extends the expiration of certain provisions relating to reimbursement to participating provider pharmacies and prescription drug coverage; relates to the effectiveness of certain provisions relating to rates for residential health care facilities; extends the effectiveness of certain provisions relating to medical reimbursement and welfare reform; relates to the effectiveness of certain provisions relating to negotiation of supplemental rebates relating to medication assisted treatment; relates to the effectiveness of certain provisions relating to supplemental rebates; relates to the effectiveness of certain provisions relating to the designation of statewide general hospital quality and sole community pools and the reduction of capital related inpatient expenses; relates to the effectiveness of certain provisions relating to fair hearings within the Fully Integrated Duals Advantage program; extends the effectiveness of certain provisions relating to authorizing services for non-residents in adult homes, residences for adults and enriched housing programs; extends the effectiveness of certain provisions relating to authorizing bad debt and charity care allowances for certified home health agencies; relates to the effectiveness of certain provisions relating to medical reimbursement and welfare reform; extends government rates for behavioral services and adds an alternative payment methodology requirement; relates to residential health care facility assessments (Part B); extends certain provisions relating to the New York Health Care Reform Act of 1996; extends certain provisions relating to the New York Health Care Reform Act of 2000; extends certain provisions relating to the distribution of pool allocations and graduate medical education; extends health care initiative pool distributions; extends payment provisions for general hospitals; extends the assessments on covered lives (Part C); relates to copayments for drugs and provider prevails (Part D); allows qualifying New York hospitals to become rural emergency hospitals; relates to Medicaid payments for the operating component of hospital inpatient services (Part E); extends certain provisions of law relating to malpractice and professional medical conduct (Part F); relates to programs for the aging for individuals with an income below two hundred and fifty percent of the federal poverty level (Part G); extends effectiveness of eligibility in the basic health plan program to January 1, 2024 and enacts the 1332 state innovation program (Part H); relates to home care worker wage parity; relates to known and projected department of health state fund medical expenditures; relates to an additional increase in Medicaid payments made for the operating component of residential health care facilities services in addition to the increase provided by Part I of Chapter 57 of the laws of 2022 relating to providing a one percent across the board payment increase to all qualifying fee-for-service Medicaid rates; provides for performance standards and procurement for managed long term care plans; establishes the state supplemental premium assistance for consumer directed personal assistants; establishes the CDPAP supplemental premium assistance fund (Part I); relates to insurer, organization, or corporation review of certain claims for inpatient or emergency services provided by an in-network hospital (Part J); authorizes Medicaid eligibility for certain services provided to individuals who are in a correctional institution, and for certain services provided to individuals who are in an institution for mental disease (Part K); requires certain insurers that issue health insurance policies or contracts with a network of health care providers and that utilize site of service review to determine coverage to comply with certain requirements(Part L); streamlines and adds criteria to the certificate of need process and establishes review and oversight of material transactions (Part M); expands the Medicaid buy-in program for people with disabilities (Part N); prohibits the sale or distribution of flavored tobacco products (Part O); establishes a statewide health care facility transformation program for the purpose of transforming, redesigning, and strengthening quality health care services in alignment with statewide and regional health care needs, and in the ongoing pandemic response (Part P); establishes Medicaid reimbursement for community health workers for high-risk populations; permits licensed mental health counselors and licensed marriage and family therapists in community health centers to be reimbursed (Part Q); relates to expanding Medicaid coverage of preventative health care for nutrition and osteoarthritis services (Part R); makes provisions related to the modernizing of the state of New York's emergency medical system and workforce (Part S); relates to lead testing in certain multiple dwellings; establishes a state rental registry and proactive inspections to identify lead hazards for residential dwellings outside of the city of New York with two or more units built prior to nineteen hundred eighty; expands the powers of the secretary of state with respect to the New York state uniform fire prevention and building code (Part T); safeguards abortion access through data privacy protection by prohibiting certain businesses from complying with certain warrants and preventing digital advertising from targeting health care facilities via geofencing (Part U); authorizes licensed pharmacists to prescribe and order self-administered hormonal contraceptives and emergency contraceptive drug therapy in accordance with standardized procedures or protocols developed and approved by the state board of pharmacy (Part V); relates to the provision of HIV pre-exposure prophylaxis; relates to the administration of COVID-19 and influenza tests; relates to the effectiveness of certain provisions of law allowing pharmacists to direct limited service laboratories and order and administer COVID-19 and influenza tests and modernizing nurse practitioners; relates to the scope of practice of nurses and pharmacists; authorizes dentists to offer and administer HIV and hepatitis C screening and diagnostic tests; relates to the scope of practice of physician assistants; relates to the effectiveness of certain provisions relating to authorizing certain advanced home health aides to perform certain advanced tasks; relates to the scope of practice of medication aides; provides for the repeal of certain provisions upon the expiration thereof; enacts the interstate medical licensure compact; enacts the nurse licensure compact (Part W); provides for the registration of temporary health care services agencies; specifies requirements for registration; requires delivery of a report; sets minimum standards for temporary health care services agencies (Part X); relates to affidavits for medical debt actions (Subpart A); relates to prescription drug price and supply chain transparency; relates to funds deposited in the pharmacy benefit manager regulatory fund (Subpart B); requires hospitals participating in the general hospital indigent care pool to use certain forms for the collection of medical debt (Subpart C); guarantees fund coverage for insurers writing health insurance (Subpart D) (Part Y); provides for increased quality improvement and increased consumer transparency in assisted living residences (Part Z); relates to hepatitis C and syphilis screening during pregnancy (Part AA); adds certain fentanyl analogs to Schedules I and II of controlled substances; defines imitation controlled substance; establishes crimes related to the criminal possession and sale of imitation controlled substances (Part BB); repeals articles governing healthcare professions in the education law and adds such laws to the public health law and transfers all functions, powers, duties and obligations relating thereto (Part CC); establishes a 2.5 percent cost of living adjustment for designated human services programs; allows the office of children and family services to apply additional trend factors in the calculation of foster care rates as prescribed by agency regulation (Part DD); extends certain provisions of the health and mental hygiene budget for the 2013-2014 state fiscal year relating to public health and social services (Part EE); expands the description of certain services which are not prohibited by statutes governing the practice of nursing (Part FF); relates to credentialing qualified mental health associates by the office of mental health (Part GG); relates to certified community behavioral health clinics (Part HH); relates to insurance coverage for behavioral health services (Subpart A); relates to utilization review standards for mental health services (Subpart B); relates to telehealth payment parity (Subpart C); relates to private rights of action (Subpart D); relates to substance use disorder treatment (Subpart E); relates to network adequacy for mental health and substance use disorder services (Subpart F) (Part II); authorizes the commissioner of mental health to impose sanctions for failure to comply with the terms of the operating certificate or any statute, rule or regulation (Part JJ).

 S T A T E O F N E W Y O R K ________________________________________________________________________ S. 4007 A. 3007 S E N A T E - A S S E M B L Y February 1, 2023 ___________ IN SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti- cle seven of the Constitution -- read twice and ordered printed, and when printed to be committed to the Committee on Finance IN ASSEMBLY -- A BUDGET BILL, submitted by the Governor pursuant to article seven of the Constitution -- read once and referred to the Committee on Ways and Means AN ACT to amend part H of chapter 59 of the laws of 2011, amending the public health law and other laws relating to general hospital reimbursement for annual rates, in relation to known and projected department of health state fund medicaid expenditures (Part A); to amend chapter 451 of the laws of 2007, amending the public health law, the social services law and the insurance law relating to providing enhanced consumer and provider protections, in relation to the effec- tiveness of certain provisions relating to contracts between plans, insurers, or corporations and hospitals; to amend part C of chapter 58 of the laws of 2007, amending the social services law and other laws relating to adjustments of rates, in relation to the effectiveness of certain provisions relating to the amount of income to be applied toward the cost of medical care, services and supplies of institution- alized spouses; to amend chapter 906 of the laws of 1984, amending the social services law relating to expanding medical assistance eligibil- ity and the scope of services available to certain persons with disa- bilities, in relation to the effectiveness thereof; to amend the social services law, in relation to the age of eligibility for home and community-based services waivers; to amend chapter 313 of the laws of 2018, amending the public health law relating to body imaging scan- ning equipment, in relation to the effectiveness thereof; to amend chapter 426 of the laws of 1983, amending the public health law relat- ing to professional misconduct proceedings, in relation to the effec- tiveness of certain provisions thereof; to amend chapter 582 of the laws of 1984, amending the public health law relating to regulating activities of physicians, in relation to the effectiveness of certain provisions thereof; to amend the public health law, in relation to extending the demonstration period in certain physician committees; to amend chapter 505 of the laws of 1995, amending the public health law relating to the operation of department of health facilities, in EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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