Legislative Bill Drafting Commission 12268-02-0

S.

PROGIWABILL" 2 7 6

Senate

IN SENATE--Introduced by Sen

--read twice and ordered printed, and when printed to be committed to the Committee on

-------- A.

Assembly

IN ASSEMBLY--Introduced by M. of A.

with M. of A. as co-sponsors

--read once and referred to the Committee on

*BUDGBI* *Governor 271 R-2* (Provides for emergency appropriation for the period April 1, 2010 through June 14, 2010)

Emer approp.4/1 - 6/14

AN ACT

making appropriations for the support of government; to amend chapter 20 of the laws of 2010, relating to making appropriations for the support of government; to amend.chapter 46 of the laws of 2010, relating to making appropriations for the support of government; to amend chapter 47 of the laws of 2010, relating to making appropriations for the support of government; to amend chapter 75 of the laws of 2010, relating to making

a09 SkalDB

IN SENATE ___

Senate introd.uce.r1 s si!;!11Ature

The liiI~tO:rS whose names ...-e cirCled below wi.sh to join #De in the: sponsorship of this propos.cs.l

.20 Ad=B

.15 A4dal>bo

aSS Alesi

84 B Aubertitle

84:2 aeeeer.c

stS Breslin

so3 POley

sOB PuschUlo 839 Lal:kiD

.22 Go16en 001 LaValle

&47 Griffo

ri06 lIoImon

s50 DeFrancisco Thompson

s36 BaBSel.l-

817 llUOll

83:2 Dia.;z:: s10 Buntl.ey

s29 Duane

s33 Espada

844. !'arley

s02 FlmAg'aIl

a:52 LiboWil

545 Little

s07 Johns"",_ C. sB ~d

s05 Marcell.ino 862 MaZiarz

s34 neitl

s04 Jolmson, O •• 18 Hontg~

sS' No:z:zol.io

.27 l<r\lger

038 .... rab.!m

s12 OnCIrato

537 Oppenhejmer

s21 Parku

513 PeraJ. ta

541 Sallmd

019 S_a""

514 Smith

s25 SClU"==s58 stachowski

s16 StOvi5ky

s3S Stewart-

s23 Savino sSg volker

s60 ~."" .49 Valesky

831 Sclm.eiderJMA aS3 Wimlel:'

a51 Seward

&28 S~ano as'7 Yot.m.g'

IN ASSEMBLY __

AsSembl.y introduc::u I S signature

The Hembe;:8 of the Assemol.y· whose· neees are circl.ed })el.ow wish to jo:5.=. :me :In the

a"OOl Alessi

I>'I>.>l.U-spon&"rohip of this proposol.

~C28 Hevesi

a"049 Atlbate

al05 Amet10ra

.. 084~

a136 BacalleB

.. 099 Ball

8.124 Barcl.ay ,

aOl4. Barra

,,0_0 Da%ron

aOS2. Benec!etto

"079 Denj..,.d%l. 0.073 1IUlg" "oss lIoyllmd

aDD9 Boyle

sOlO Conte

a032 COok

.. 142 Co~

"OB5 Crespo ,,107 Crouch

,,063 Cu.siek

aGB3 Heaatie

,,049 Rildnd

a018 HOgper

,,144 Hoyt

,,022 _

a..J.0:2 Miller, J. a.l.1B Russel.l

.. 067 aoo""ell.o.l

0038 Miller, M. ..012 s .. ladino

0052 Mill ... lIC.

,,113 Sayward

al.(}3 Molinuo a029 S.carklorough

15.060 Hyer-Spencu .. 015 Montesano aoas scb.imel

0.140 Sel>i.mIIW>ger ",145 Schroeder

a138 DelMonte a095 Jaffee

a116 Dest..! to

,,034 J1~ ,,057 Jeft;d."o

aOSl. Di.JJ.orit::t:

all' )h.lprey

,,131 ,Tom

a112 Jordan

,,004 EDgiebright 0.065 Xell.ner

al.3 D Errigo a"129 XO].l)

.0'12 Bspai.llat a~3 5 :&0=

,,071 Farrell 0025 Loncman

"DDS Piel(ls 0091 Latimer

al47 BurlUlg" 0117 l!utler

,,101 Cahill

aD43 Cemara

0090 Galef

al43 Go.b>:,yuDl< 0125 Lifton

a1:27 Lope.:;..:... 1'.

.. 133 Ilantt

0036 Gi=ati.

eao s . ClIC.eoUari al49 Gi!;llio

a02Ei carrozz.a aDSE: Glick

0089 castelli al08 Gordon

.OS3 Lopez, V •

al26 L1.IPardo

a1.1l. Ma5Jee

a132 Morell.e

0003 MUU"y

11037 Nolan

.. 12B Oolts

a12Z Scozzafa'Vl1

.. 069 0' = e 11 alOO Sltartados

"093 SP"""

a1J7 O'Hara

aD51 Ortiz

.. 150 lo"ai'me.Dt .aOll SWeeney

aOSB P"'u1in a1.10 Tetisco

oIL1.21 Stiz:pe.

oOS8 Perry ,,023 ptieUer

a141 Peoples - 6002 Thiel.e

Seokes a06l Titone

.. 068 Powell

aOB7 Pretl.ow

o.l20 Maguarell1 .. 006 Romos

0059 MAi .. e.i al34 Reilich

..009. RZdo

aD86 CllBtro ~075. Gott:fried. a027 )Ulyersol:m

.. Q30 Markey o10~ Reilly

aD7S Rivera, J.

a1.19 Christensen a098 Gunther a019 HcDonoug-h

aD41 Col.ton al48 Haye:B a1l~7 Mel'i:evitt

aOBO Rive:t"a. N.

0.076 Rivera" P.

aOS6 Robinson

a062 'l'obacco

a.054 'l'0WIlS

al1S " ........ end

0020 lieioeIJberg "024 ""Pdn. n, 0.070 Wr1~ht

.. 094 Zebrowski

a039

= 03/~7/10

1) Single lIC>uae Bill (itl~ced end pdnted separately in either or I:>oth

houses). Oni-Bill CitttrQd.uced simuJ.tanec:Jusly in :both b.ou.sea and printed as =e bil.l.. Senate and Assembly introduc.er si9'11 the same. copy o.f the bil.1) •

2) Circle names of" oo-spOIU:LO~s. and retur.c. to iutroduetiotL e~erk with 2 signed copies of bill and. 4 copies of memoranc1um iD 8\lPPQrt: (single h.ou&e) I or 4 signed. ccpdee Df bill 1Uld.·B copies of: memo-rand"\,lJrl in support (un!:"'bill).

06/04/10

appropriations for the support of government~ to amend chapter 80' of the laws of 2010, relating to making appropriations for the support of government~ to amend chapter 90 of the laws of 2010, relating to making appropriations for the support of government~ and to amend chapter 106 of the laws of 2010, relating to making appropriations for the support of government

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

2

12268-02-0

06/04/10

3

12268-02-0

1 Section 1. Legislative intent. The legislature hereby finds and

2 declares that the enactment of these appropriations provides sufficient

3 authority to the comptroller for the purpose of making payments for the

4 purposes described herein until such time as appropriation bills submit-

5 ted by the governor pursuant to article VII of the state constitution

6 for the support of government for the state fiscal year beginning April

7 1, 2010 ~re enacted.

8 S 2. Section 2 of chapter 20 of the laws of 2010, relating to making
9 appropriations for the support of government, as amended by chapter 106
10 of the laws of 2010, is amended to read as follows:
11 § 2. The sum of two billion [seventy-two] two hundred thirty-Six

12 million [one] eight hundred [fifty-one] twenty-one thousand dollars 13 [($2,072,151,000)] ($2,236,821,000), or so much thereof as shall be

14 sufficient to accomplish the purpose designated, is hereby appropriated

15 and· authorized to be paid as hereinafter provided, to the public offi-

16 cers and for the purposes specified, which amount shall be available for

17 the state fiscal year beginning April 1, 2010.

18 ALL STATE DEPARTMENTS AND AGENCIES

06/04/10

4

12268-02-0

1

lieutenant

governor,

comptroller

and

11

work-for-pay

or

sheltered

workshop

2 attorney general; to officers and employ-

3 ees of the judiciary; and to officers and

4 employees of the legislature, including

5 payments to the members of the senate and

6 assembly under sections 5 and 5-a of the

7 legislative law; and payments for services

8 performed by mentally ill or develop-

9 mentally disabled persons who are employed

10

in

state-operated

special employment,

12 programs provided that, notwithstanding

13 any other provision of law to the contra-

14 ry, the expiration dates of the exemption

15 from licensure requirements as set forth

20

--------------

--------------

16 in section 9 of chapter 420 of the laws of

17 2002 and section l7-a of chapter 676 of

18 the laws of 2002 are hereby extended until

19 June (9) 17, 2010 •••••••• [2,072,151,000] 2,236,821,000

21 S 2-a. Section 2-a of chapter 80 of the laws of 2010, relating to

22 making appropriations for the support of government, as amended by chap-

23 ter 106 of the laws of 2010, is amended to read as follows:

24 S 2-a. The several amounts specified in this section, or so much ther-

25 eof as shall be sufficient to accomplish the purposes designated, are

26 hereby appropriated and authorized to be paid as hereinafter provided,

27 to the respective public officers and for the several purposes speci-

06/04/10

5

12268-02-0

1 fied, which amounts shall be available for the state fiscal year begin- 2 ning April 1, 2010.

3 GENERAL STATE CHARGES

4 GENERAL STATE CHARGES [75,726,000] 77,726,000

5 --------------

6 General Fund / State Operations

7 State Purposes Account - 003

B For the state's contribution to the health

9 insurance fund. The state's share of the

10 health insurance program dividends shall

11 be available to pay for the premiums in

12 2010-11~

13 Notwithstanding section l67-a of the civil

14 service law, effective April 1, 2010 upon

15 exclusion from the coverage of the health

16 insurance plan of supplementary medical

17 insurance benefits for which an active or

18 retired employee or a dependent covered by

19 the health insurance plan is or would be

20 eligible under the federal old-age, survi~

21 vors and disability insurance program, an

22 amount equal to the premium charge for

23 24

such

supplementary

medical

insurance

benefits

for

such active or retired

r

06/04/10

6

12268-02-0

1 employee and his or her dependents, if

2

any,

shall be paid monthly or at other

3

intervals to such active

or

retired

4 employee from the health insurance fund.

5 Where appropriate, such amount may be

6

deducted

from contributions payable by

7 the employee or retired employee; or where

8 appropriate in the case of a retired

9 employee receiving a retirement allowance,

10 such amount may be included with payments

11 of his or her retirement allowance.

12 Notwithstanding section 167-a of the civil

13 service law, effective April 1, 2010, all

"

14 state employer, employee, retired employee

15 and dependent contributions to the health

16 insurance fund shall be adjusted as neces-

17

sary to

cover the cost of reimbursing

18 federal old-age, survivors, and disability

19

insurance

program premium charges made

20 pursuant to section 167-a of the civil

21 service law. Furthermore, this cost shall

22 be included in the calculation of premium

24

age provided to state

employees

and

23 or subscription charges for health cover-

25 retired state employees, provided, howe v-

26 er, the state' shall remain obligated to

27

pay no

less than its share of such

28 increased cost consistent with its share

06/04/10

7

12268-02-0

1

of

premium

or

subscription

charges

2 provided for by article 11 of the civil

3 service law. As such, all other employer

4 contributions to the health insurance fund

5 shall be adjusted as necessary to provide

6

for such payments •••••••••.. [48,400,000]

50,400,000

7 For the state's contribution to employee

8

benefit fund programs

27,326,000

9

10 § 3. Section 3 of chapter 20 of the laws of 2010, relating to making

11 appropriations for the support of government, as amended by chapter 106

12 of the laws of 2010, is amended to read as follows:

22

[188,751,000] 204,862,000

13 § 3. The sum of [one] two hundred [eighty-eight] four million [seven]

14 eight hundred [fifty-one] sixty-two thousand dollars [($188,751,000)]

15 ($204,862,000), or so much thereof as shall be sufficient to accomplish

16 the purpose designated, is hereby appropriated out of any moneys in the

17 general fund to the credit of the state purposes account not otherwise

18 appropriated for the purpose of paying to the social security contrib-

19 ution fund, the state's share, as employer, of the·payroll tax for

20 payrolls scheduled to be paid during the·period April 1 through June [9]

21 17, 2010, including liabilities incurred prior to April 1, 2010 .•••••••

23

======;:=======

24 § 4. Section 4 of chapter 20 of the laws of 2010, relating to making

25 appropriations for the support of government, as amended by chapter 106

I ·1

.

26 of the laws of 2010, is amended to read as follows:

06/04/10

8

12268-02-0

1 S 4. The sum of one hundred [twenty-nine] thirty thousand dollars

2 [($129,000)] ($130,000), or so much thereof as shall be sufficient to

3 accomplish the purpose designated, is hereby appropriated out of any

4 moneys in the general fund to the credit of the state purposes account

5 not otherwise appropriated. for payments to the teachers insurance and

6 annuity association and college retirement equities fund associated'with

7 individuals working in the education department, the higher education

8 services corporation, and the state university of New York construction

9 fund. Notwithstanding any other provisions of law to the contrary, the

10 comptroller is hereby authorized and directed to utilize this appropri-

11 ation for the purpose of making scheduled teachers insurance and annuity

\

12 association and college retirement equities fund payments ••••••••••••••

13 _ ' .•..• [129,000] 130,000

14

==============

15 S 5. Section 6 of chapter 46 of the laws of 2010, relating to making

16 appropriations for the support of government, as amended by chapter 106

17 of the laws of 2010, is amended to read as follows:

18 § 6. The several amounts specified in this section, or so much thereof

19 as shall be sufficient to accomplish the purposes designated, are hereby

20 appropriated and authorized to be paid as hereinafter provided, to the

21. respective public officers and for the several purposes specified, which

22 amounts shall be available for the state fiscal year beginning April 1,

23 2010.

24 THE JUDICIARY

25 For the payment of state operations nonpersonal service liabilities,

06/04/10

9

12268-02-0

1 tne sum of [forty-seven] forty-nine million dollars [($47,000,000)]

2 ($49,000,000), or so much thereof as shall be sufficient to accomplish

3 the purpose designated, is hereby appropriated to the judiciary out of

4 any moneys in the general fund to the credit of the state purposes

5 account not otherwise appropriated. The comptroller is hereby authorized

6 and directed to utilize this appropriation for the purpose of making

7 payments for nonpersonal service liabilities incurred by the judiciary

8

from April 1 through June [6] 13, 2010 ••••••••• [47,000,000] 49,000,000

9

--------------

---------------

10 The sum of four million dollars ($4,000,000), or so much thereof as

11 shall be sufficient to accomplish the purpose designated, is hereby

12 appropriated to the judiciary out of any moneys in the special revenue

13 funds

other / aid to localities, court facility incentive aid fund -

16

payments

4,000,000

14 340 for services and expenses related to court cleaning and minor

15 repairs, interest aid, appellate aid and judicial institute financing

17

--------------

--------------

18 § 6. Section 5 of chapter 20 of the laws of 2010, relating to making

19 appropriations for the support of government, as amended by chapter 106

20 of the laws of 2010, is amended to read as follows:

21 § 5. The amount specified in this section, or so much thereof as shall

22 be sufficient to accomplish the purpose designated, is hereby appropri-

23 ated and authorized to be paid as hereinafter provided, to the public

24 officers and for the purposes specified, which amount shall be available

25 for the state fiscal year beginning April 1, 2010.

06/04/10

10

1

ALL STATE DEPARTMENTS AND AGENCIES

2 For the payment of state operations nonper-

3 sona1 service liabilities, including the

4 legislature, including contracts approved

5 prior to, on, and after April 1, 2010 for

6.

liabilities incurred in

the

ordinary

7 course of business, during the period

8 April 1 through June [6] 13, 2010, pursu-

9 ant to existing state law and for purposes

10 for which the legislature authorized the

11 expenditure of moneys during the 2009-2010

12 state fiscal year; provided, however, that

13 nothing contained herein shall be deemed

14 to limit or restrict the power or authori-

15 ty of state departments or agencies to

16 conduct their activities or operations in

17 accordance with existing law, and further

18 provided that nothing contained herein

19 shall be deemed to supersede, nullify or

20 modify the provisions of section 40 of the

21 state finance law prescribing when appro-

22 priations made for the 2009-2010 state

23 fiscal year shall· have ceased to have

24

force and effect ••••••••••• [165,000,000]

25

---------------

--------------

195,000,.000

12268-02-0

06/04/10

11

12268-02-0

1 S 7. Section 6 of chapter 20 of the laws of 2010, relating to making 2 appropriations for the support of government, as amended by chapter 106 3 of the laws of 2010, is amended to read as follows:

4 S 6. The several amounts specified in this section, or so much thereof 5 as shall be sufficient to accomplish the purposes designated, are hereby 6 appropriated and authorized to be paid as hereinafter provided, to the 7 respective public officers and for the several purposes specified, which 8 amounts shall be available for the state fiscal year beginning April 1,

9 2010.

10 AMERICAN RECOVERY AND REINVESTMENT ACT (CCP) ••••••••.•••••• 110,000,000

11 --------------

12 Federal Capital Projects Fund - 291

13 American Recovery and Reinvestment Act Purpose

14 The sum of seventy million dollars ($70,000,000), or so much thereof 15 as shall be sufficient to accomplish the purpose designated, is hereby 16· appropriated for contracts .approved prior to April 1, 2010 for the 17 payment by the state of the federal share of transportation related 18 capital projects liabilities funded by the American Recovery and Rein- 19 vestment Act of 2009 incurred in the ordinary course of business from 20 April 1 through June [6] 13, 2010, pursuant to existing state law and 21 for purposes for which the legislature authorized the expenditures of 22 money during the 2009-2010 fiscal yeaq provided,z however, that nothing 23 contained herein shall be deemed to limit or restrict the power or 24 authority of state departments or agencies to conduct their activities 25 or operations in accordance with existing law, and further provided that

06/04/10

12

12268-02-0

1 nothing contained herein shall be deemed to supersede, nullify, or modi- 2 fy the provisions of section 40 of the state finance law prescribing 3 when appropriations made for the 2009-2010 fiscal year shall have ceased 4 to have force and effect. Funds appropriated herein shall be subject to 5 all applicable reporting and accountability requirements contained in

6 shch act •••••••••••••.•••••••••••••••••••••••..••••••••.•••• 70,000,000

7

==============

8 The sum of forty million dollars ($4Q,000,000), or so much thereof as 9 shall be sufficient to accomplish the purpose designated, is hereby 10 appropriated for contracts approved for purposes for which the legisla- 11 ture authorized, the expenditures of money during the 2009-2010 fiscal 12 year. An amount up to forty million dollars ($40,000,000) shall be 13 available for the payment by the state of the federal share of transpor- 14 tation related capital projects liabilities, funded by the American 15 Recovery and Reinvestment Act of 2009 incurred in the ordinary course of 16 business during the period from April 1 through June [6] 13, 2010 for 17 contracts approved during the period April 1 through June [6] 13, 2010, 18 provided, however, that nothing contained herein shall be deemed to 19 limit or restrict the power or authority of state departments or agen- 20cies to conduct their activities or operations in accordance with exist- 21 ing law, and further provided that nothing contained herein shall be 22 deemed to supersede, nullify, or modify the provisions of section 40 of 23 tpe state finance law prescribing when appropriations made for the 24 2009-2010 fiscal year shall have ceased to have force and effect. Funds 25 appropriated herein shall be subject to" all applicable reporting and 26 accountability requirements contained in such act ••••••••• ~. 40,000,000

27

==============

06/04/10

13

12268-02-0

1§ 8. Section 7 of chapter 20 of the laws of 2010, relating to making

2 appropriations for the support of government, as amended by chapter 106

3 of the'laws of 2010, is amended to read as follows:

4 § 7. The several amounts specified in this section, or so much thereof

5 as shall be sufficient to accomplish the purposes designated, are hereby

6 appropriated and authorized to be paid as hereinafter provided, to the

7 respective public officers and for the several purposes specified, which

8 amounts shall be available for the state fiscal year beginning April 1,

9 2010.

10 ALL STATE DEPARTMENTS AND AGENCIES

11 The sum of thirty million dollars ($30,000,000), or so much thereof as

12 'shall be sufficient to accomplish the purpose designated, is 'hereby

13 appropriated for contracts approved in accordance with section 112 of

14 the state finance law for purposes for which the legislature authorized

15 the expenditures of money during the 2009-2010 fiscal year. An amount up

16 to thirty million dollars ($30,000,000) shall be available for the

17 payment of capital projects liabilities, including any contractual

18 services liabilities of the engineering services fund, incurred to

19 address emergency health and safety needs as certified by the director

20 of budget during the period from April 1 through June [6] 13, 2010 for

21 contracts approved prior to, on, or after April 1, 2010, provided,

22 however, that nothing contained herein shall be deemed to limit or

23 restrict the power or authority of state departments or agencies to

I

I I I

i

24 conduct their activities or operations in accordance with existing law,

26 supersede, nullify, or modify the provisions of section 40 of the state

25 and further provided that .nothing contained herein shall be deemed to

06/04/10

14

12268-02-0

1 finance law prescribing when appropriations made for the 2009-2010

2 fiscal year shall have ceased to have force and effect •••.•• 30,000,000

3 ==============

4 The sum of [seventy-five] two hundred million dollars [($75,000,000»)

5 ($200,000,000), or so much thereof as shall be sufficient to accomplish

8 which the legislature authorized the expenditures of money during the

6 the purpose designated, is hereby appropriated for contracts approved in

7 accordance with section 112 of the state finance law for purposes for

9 2009-2010 fiscal year. An amount up to [seventy-five] two hundred

10. million dollars [($75,000,000)] ($200,000,000) shall be available for

11 the payment of capital projects liabilities incurred [during the period

12 from] after April 1 [through May 2}, 2010 for contracts approved prior

13 to April 1, 2010, provided, however, that nothing contained herein shall

14 be deemed to limit or restrict the power or authority of state depart-

15 ments or agencies to conduct their activities or operations in accor-d-

16 ance with existing law, and further provided that nothing contained

17 herein shall be deemed to supersede, nullify, or modify the provisions

18 of section 40 of the state finance law prescribing when appropriations

19 made for the 2009-2010 fiscal year shall have ceased to have force and

21

--------------

--------------

20 effect •••••••••••••••••••••••••••••••••••••••• [75,000,000] 200,000,000

22 S. 9. Section 9 of chapter 47 of the laws of 2010, relat ing to making

23 appropriations for the support of government, as amended by chapter 106

24 of the laws of 2010, is amended to read as follows:

25 S 9. The several amounts speci£ied in this section, or so much thereof

26 as shall be sufficient to accomplish the purposes designated, are hereby

06/04/10

15

12268-02-0

1 appropriated and authorized to be paid as hereinafter provided, to the 2 respective public officers and for the several purposes specified, which 3 amounts shall be available for the state fiscal year beginning April 1, 4 2010.

5 DEPARTMENT OF TRANSPORTATION

6 FEDERAL AID HIGHWAYS FEDERAL PURPOSE ••.•••••••••••••••••.•• 100,000,000

7 --------------

8 Federal Capital Projects Fund - 291

9 Federal Aid Highways Purpose

10 The sum of eighty million dollars ($80,000,000), or so much thereof as 11 shall be sufficient to accomplish the purpose designated, is hereby 12 appropriated for contracts approved prior to April 1, 2010 for the 13 payment by the state of the federal share of transportation related 14 capital projects liabilities as provided for in the Safe, Accountable, 15 Flexible, Efficient Transportation Equity Act: A Legacy for Users and 16 any successive legislation incurred in the ordinary course of business 17 from April 1 through June [6) 13, 2010, ·[for projects that do not 18 contain any state funding shares, and from April 1 through May 2, .for 19 projects containing state funding shares that are eligible to be funded 20 by bond proceeds, and only to the extent that bond proceeds are avail- 21 able,] pursuant to existing state law and for purposes for which the 22 legislature authorized the expenditures of money during the 2009-2010 23 fiscal year: provided, however, that nothing contained herein shall be 24 deemed to limit or restrict the power or authority of state departments

06/04/10 .

16

12268-02-0

8

...............................................................................

80,000,000

1 or agencies to conduct their activities or operations in accordance with 2 existing law, and further provided that nothing contained herein shall 3 be deemed to supersede, nullify, or modify the provisions of section 40 4 of the state finance law prescribing when appropriations made for the 5 2009-2010 fiscal year shall have ceased to have force and effect. Funds 6 appropriated herein shall not be available. for the payment of liabil- 7 ities funded by the American Recovery and Reinvestment Act of 2009 •••••

9 ==============

10 The sum of twenty million dollars ($20,000,00.0), or so much thereof as 11 shall be sufficient to accomplish the purpose designated, is hereby 12 appropriated for contracts approved during the period from April 1 13 through June [6] 13, 2010 for the payment by the state of the federal 14 share of transportation related capital projects liabilities as provided 15 for in the Safe, Accountable, Flexible, Efficient Transportation Equity 16 Act:·A Legacy for Users and any successive legislation incurred in the 17 ordinary course of business from April 1 through June [6] 13, 2010, for 18 projects that do not contain any state funding sharesL or for projects 19 containing both state funding shares that are eligible to be funded by 20 bond proceeds to the extent that such bond proceeds are available and 21 . federal shares funded by the American Recovery and Reinvestment Act of 22 2009, pursuant to existing state law and ·:Eor purposes for which the 23 legislature authorized the expenditures of money during the 2009-2010 24 fiscal year~ provided, however, that nothing contained herein shall be 25 deemed to limit or restrict the power or authority of state departments 26 or agencies to conduct their activities or operations in accordance with 27 existing law, and further provided that nothing contained herein shall

06/04/10

17

12268-02-0

1 be deemed to supersede, nullify, or modify the provisions of section 40 2 of the state finance law prescribing when appropriations made for the 3 2009-2010 fiscal year shall have ceased to have force and effect. Funds 4 appropriated herein shall not be available for the payment of liabil- 5 ities funded by the American Recovery and Reinvestment Act of 2009 •••••

6 7

............. II' " .

20,000,000

==============

8 NEW YORK STATE AGENCY FUND (CCP) •••••.•••••••••••••••••••.•• 10,000,000

9 --------------

10 Fiduciary Funds/Capital projects

11 Highway Costs Improvement Accounts

12 Non-Federal Aided Highway Purpose

13 The sum of ten million dollars ($10,000,000), or so much thereof as 14 shall be sufficient to accomplish the purpose designated, is hereby 15 appropriated for contracts approved prior to, on or after April 1, 2010 16 for the payment of transportation related. capital projects liabilities 17 incurred by the department of transportation on behalf of entities other 18 than state departments or agencies pursuant to the highway law or trans- 19 portation law incurred in the ordinary course of business from April 1

21

==============

20 through June [6] 13, 2010 ••.••••••••••••••••••••••••••••••••• 10,000,000

06/04/10

18

12268-02-0

1 S 10. Section· 9-b of chapter 90 of the laws of 2010, relating to 2 making appropriations for the support of gov·ernment, as amended by chap- 3 ter 106 of the laws of 2010, is amended to read as follows:

4 S 9-b. The amount specified in this section, or so much thereof as 5 shall be sufficient to accomplish the purpose designated, is hereby 6 'appropriated and authorized to be paid as hereinafter provided, to the 7 public officers and for the purpose specified, which amount shall be 8 available for the state fiscal year beginning April 1, 2010.

9 DEPARTMENT OF TRANSPORTATION

10 The sum of one million dollars ($1,000,000), or so much thereof as 11 shall be sufficient to accomplish the purpose designated, is hereby 12 appropriated for contracts approved during the period from April 1, 2010 13 through June [6] 13, 2010, for the payment by the state of the state 14 share of transportation related capital projects liabilities incurred in 15 the ordinary course of business from April 1, 2010 through June (6) 13, 16 2010, including construction inspection, funded by the dedicated highway 17 and bridge trust fund - non-federal aided highway purpose and prepara- 18 tion of plans purpose arid/or the rebuild and renew New York 'transporta- 19 tion bond act of 2005 - highway facilities purpose, only for the shares 20 of projects that are eligible to be funded by bond proceeds, only to the 21 extent that bond proceeds are available, and only for capital projects 22 that contain funding shares from the American Recovery and Reinvestment 23 Act of 2009, pursuant to existing state law and for purposes for which

24 the

legislature authorized the expenditures of money during the

25 2009-2010 fiscal year~ provided, however, that nothing contained herein 26 shall be deemed to limit or restrict the power or authority of state

06/04/10

19

12268-02-0

1 departments or agencies to conduct their activities or ,operations in

2 accordance

with existing law, and further provided that nothing

3 contained herein shall be deemed to supersede, nullify, or modify the 4 provisions of section 40 of the state finance law prescribing when 5 appropriations made for the 2009-2010 fiscal year shall have ceased to

6 have force and effect .••••••••••••..••••••.•.•••••••.••••••.• 1,000,000

7 ==============

8 S 11. The several amounts specified in this section, or so much there- 9 of as shall be sufficient to accomplish the purposes designated, are 10 hereby appropriated and authorized to be paid as hereinafter provided, 11 to the respective public officers and for the several purposes spec i- 12 fied, which amounts shall be available for the state fiscal year begin- 13 ning April 1, 2010.

14 DEPARTMENT OF HEALTH

15. CENTER FOR COMMUNITYEEALTHPROGRAM ••••••..••••••.••••••••• 511,314,750

16 --------------

17 General Fund / Aid to Localities

18 Local Assistance Account - 001

19 state aid to municipalit~es for the opera-

20 tion of local health departments and labo-

21 ratories and for the provision of general

22 public health services pursuant to article

23 6 of the public health law for activities

06/04/10

20

12268-02-0

1 under the jurisdiction of the commissioner

2 of health.

3 Notwithstanding any other provision of arti-

4 cle 6 of the public health law, a county

5 may obtain reimbursement pursuant to this

6 act, only after the county chief financial

7 officer certifies, in the municipal health

8 services plan, that county tax levies used

9 to fund services carried out by the county

10 health department have not been added to

11 or supplanted directly or indirectly by

12 any funds obtained by the county pursuant

13 to the Master Settlement Agreement entered

14 into on November 23, 1998 by the state and

15

leading United States tobacco

product

16 manufacturers, except in the ca~e. of a

17 public health emergency, as determined by

18 the commissioner of health.

19 Notwithstanding annual aggregate limits for 20 bad debt and charity care allowances and

21

any

other

provision

of law, up to

22 $1,700,00Q shall be transferred to the

23 medical assistance program general fund -

24

local assistance account for

eligible

25 publicly sponsored certified home health

26 agencies that demonstrate losses from a

27 disproportionate share of bad debt and

28 charit.y care', pursuant to chapter 884 of

06/04/10

21

1 the laws of 1990. Within the maximum

2 limits specified herein, the department

3 shall transfer only those funds which are

4 necessary to meet the state share 'require-

S ments for disproportionate share adjust-

6 ments expected to be paid for the period

7 January 1, 2010 through December 31, 2010.

8, The moneys hereby appropriated shall be

9 ,available for payment of financial assist-

10

ance heretofore accrued

11 For 'services and expenses to ,implement the

12 early intervention program act of 1992.

13 The moneys hereby appropriated shall be

14 available for payment of financial assist-

15 ance heretofore accrued or hereafter to

16 accrue. Notwithstanding the provisions of

17 any other law to the contrary, for state

18 fiscal year '2010-2011 the liability of the

19 state and the amount to be distributed Or

20 otherwise expended by the state pursuant

21 to section 2557 of the public health law

22 shall be determined by first calculating

23 the amount o~ the expenditure or other

24 liability pursuant to such law, and then

25 reducing the amount so calculated by two

26

percent of such amount

284,763,000

176,800,000 '

12268-02-0

06/04/10

22

1 For

services . and

of health

expenses

2 promotion initiatives. A portion of this

3 appropriation may be transferred to state

4

operations

appropriations for adminis-

5 tration of this program •.••• ~ ••••••.••••••••• 1,000,000

6 For services and

related

to

expenses

7 evidenced based cancer services programs.

8 A portion of this appropriation maybe

9 transferred to state operations appropri-

10 ations for administration of this program •••• 9,006,750

11 For services and expenses related to obesity

.12 and diabetes programs. A portion of this

13 appropriation may be transferred to state

14

operations appropriations for

adminis-

15 tration of this program •••••••••••••••••••••• 7,205,000

16 For state grants to improve access to infer-

17 tility services, treatments, and proce-

18 dures. Funds shall be allocated from this

19 appropriation pursuant toa plan prepared

20 by the commissioner of health and approved

21

by the director of the budget

1,847,000

22

23

Program account subtotal ••••••••••••••••• 480,621,750

24

25 Special Revenue Funds - Other / Aid to Localities

26 HCRA Resources Fund- 061

27 Health Care Services Account

12268-02-0

i .

I . i .

06/04/10

23

1 For services and expenses related to the 2 Indian health program. The moneys hereby

3

appropriated shall

be

available

for

4 reimbursement to pharmacies participating

5 in such program prior to, on or after

6 7

liabilities

heretofore

April 1,

for

accrued or hereafter to accrue

2,084,000

8 For

services. and

expenses related to

9 evidenced based cancer services programs.

10 A portion of this appropriation may be

11 transferred to state operations appropri-

12 ations for administration of this program ••• 18,417,000

13 --------------

14 Program account subtotal •••.•••••.•••..••• 20~50l,000

15 --------------

16 Special Revenue Funds - Other / Aid to Localities

17 HCRA Resources Fund - 061

18 Hospital Based Grants Program Account

19 20 21

For services and expenses of a lead poison-

ing prevention program

192,000

22 Program account subtotal •••••••••.••••••••••• 192,000

23 --------------

24 Special Revenue Funds - Federal/Aid to Localities·

25 Federal USDA-Food and Nutrition Services Fund - 261

12268-02-0

06/04/10

24

12268-02-0

1 Federal Food and Nutrition Services Account

2 For various federal food and nutritional

3 services. The moneys hereby appropriated

4 shall be available for contracts approved

5 prior to, on, or after April 1, 2010, and

6 for the payment of financial assistance

7 8

heretofore accrued or hereafter to accrue

10,000,000

9 Program account subtotal •••••••••••••...•• 10,000,000

10

11 CHILD HEALTH INSURANCE PROGRAM •••••••.••••••••.•••••••.•.•• 999,400,000

12 --------------

13 Special Revenue Funds - Federal/Aid to Localities

14 Federal Health and Human Services Fund - 265

15 Children's Health Insurance Account

16 The money hereby appropriated is available

17 for payment of aid heretofore accrued or

18 hereafter accrued.

19 For services and expenses related to the

22 23

social security act.

519,200,000

20

children's

health

insurance

program,

21 pursuant to title XXI of the federal

06/04/10

25

12268-02-0

1 Program account subtotal •...••••••.•••••• 519,200,000

2 --------------

3 Special Revenue Funds - Other / Aid to Localities

4 HCRA Resources Fund- 061

5 Children's. Health Insurance Account

6 The money hereby appropriated is available

7 for payment of aid heretofore accrued or

8 hereafter accrued.

9 For services and expenses related to the

10

children's

health

insurance

program

12 13

c1e 25 of the public health law

480,200,000

11 authorized pursuant to title I-A of arti-

14 Program account subtotal •••••••.••••••••• 480,200,000

15 --------------

16 ELDERLY PHARMACEUTICAL INSURANCE COVERAGE PROGRAM •..•••••.• 329,150,000

17 --------------

18 Special Revenue Funds - Other / Aid to Localities

19 HCRA Resources Fund - 061

20 EPIC Premium Account

21 For services and expenses of the·program for 22 elderly pharmaceutical insurance coverage,

06/04/10

26

12268-02-0

1

including reimbursement

to

pharmacies

2 participating in such program. Notwith-

3 standing any inconsistent provision of

4 law, rule or regulation to the contrary,

5 for the period October 1, 2010 through

6 March 31, 2011, for a participant in the

7 program for elderly pharmaceutical insur-

8 ance' cove raqe whose prescription' drug

9 expenses are paid or reimbursable under

10 the provisions of the medidare proqr am»

11 assistance under the program for elderly

12 pharmaceutical insurance coverage shall be

13 limited to prescription drugs covered by

14 the participant's medicare plan and to

15 drugs excluded from medicare coverage in

16 accordance with section 1860-D-2 of the

17 federal social security act, and in such

18 case's the program for 'elderly pharmaceu-

19 tical insurance coverage shall cover the

20 amount that is the responsibility of the

21 participant under the medicare plan bene-

22 fit, subject to the participant's cost-

23

sharing

responsibility on such amount

24 under section 247 or section 248 of the

25 elder law: provided, however, that cover-

26

age under the

elderly

pharmaceutical

27 insurance coverage program shall be avail-

28 able only after the participant has first

06/04/10

27

12268-02-0

1 exhausted the first two levels of appeal

2 available underPart D of title XVIII of

3 the federal social security act and the

4

appeal

has been denied~ and provided

5 further that during the medicare coverage

6

determination

and

appeal period, the

7 elderly pharmaceutical insurance coverage

8 program shall provide up to a 90 day

9 supply of the prescribed medication, or

10 such lesser supply as specified on the

11 prescription, if (i) the pharmacist noti-

12 fies the prescriber that the partiCipant's

13 Medicare Part D plan and the elderly phar-

l4maceutical insurance coverage program have

15 denied payment for the prescribed medica-

16 tion and that if the prescriber does not

17 choose to cha~ge the prescription to a

18 drug that is covered by the participant's

19 Medicare Part D plan, a Medicare Part D

20 appeal must be pursued and (ii) the pres-

21 criber notifies the elderly pharmaceutical

22

insurance

coverage

program

of

the

23 prescriber's intent to provide necessary

24 information and cooperation in the pursuit

25

of

the

Medicare Part D appeal; and

26 provided further that, in instances where

27 the pharmacist is unable to immediately

28 reach the prescriber, the elderly pharma-

06/04/10

28

1 ceutical ins~rance coverage program shall,

2

the

reqUest of the pharmacist,

upon

3 authorize a three day emergency supply of

4 the prescribed medication; and provided

5 further that the elderly pharmaceutical

6 insurance coverage program shall authorize

7 such additional 90 day supplies of the

·8 prescribed medicatiqn,' or such . lesser

9 supply as specified on the prescription,

10 and such pdditional three day emergency

11 supplies as required to ensure coverage of

12

the

prescribed

medication during the

13 pendency of the Medicare Part D appeal;

14 provided however that, if this act appro-

15 priates sufficient additional funds to

16 permit the elderly pharmaceutical insur-

17 ance coverage program to provide coverage

18 for prescription drugs without regard to

19 the limitations described in this section,

20 then the provisions of this paragraph

21 shall not apply and shall be considered

22 null and void as of September 30, 2010.

23 The moneys hereby appropriated shall be

24 available for payment of financial assist-

25 26

ance heretofore accrued

••••••• * ••• '!'" ••••••••

203,350,000

27 Program account subtotal ••••••••••••••••• 203,350,000

28 --------------

12268-02-0

06/04/10

29

12268-02:-0

1 Special Revenue Funds - Other / Aid to Localities

2 Miscellaneous Special Revenue Fund - 339

3 EPIC Premium Account

4 For services and expenses of the program for 5 elderly pharmaceutical insurance coverage,

participating in such program.

Notwith-

6 7

including

reimbursement

to pharmacies

8 standing any inconsistent provision of

9 law, rule or regulation to the contrary,

10 for the period October 1, 2010 through

11 March 31, 2011, for a participant in the

12 program for elderly pharmaceutical insur-

13

ance coverage whose prescription

drug

14 expenses are paid or reimbursable under

15 the provisions of the medicare program,

16 as's i s t ance under the program for elderly

17 pharmaceutical insurance coverage shall be

18 limited to prescription drugs covered by

19 the participant's medicare plan and to

20 drugs excluded from medicare coverage in

21 accordance with section 1860-D-2 of the

22 federal social security act, and in such

23 cases the program for elderly pharmaceu-

24 tical insurance coverage shall cover the

25 amount that is the responsibility of the

26 participant under the medicare plan bene-

27 fit, subject to the participant's cost-

06/04/10

30

12268-02-0

1

sharing responsibility on such

amount

2 under section 247 or section 248 of the

3 elder law; provided, however, that cover-

4

age

under

the elderly pharmaceutical

5 insurance coverage program shall be avail~

6 able only after the participant has first

7 exhausted the first two levels of appeal

8 available under Part D of title XVIII of

9 the federal social security act and the

10

appeal has been denied; and

provided

11 further that during the medicare coverage

12

determination and appeal

period,

the

13 elderly pharmaceutical insurance coverage

14 program shall provide up to a 90 day

15 supply of the prescribed medication, or

16 such lesser supply as specified on the

17 prescription, if (i) the pharmacist noti-

18 fies the prescriber that the participant's

19 Medicare Part D plan and the elderly phar-

20 maceutical insurance coverage program have

21 denied payment for the prescribed medica-

22 tion and that if the prescriber does not

23 choose to change the prescription to a

24 drug that is covered by the participant's

25 Medicare Part D plan, a Medicare Part D

26 appeal must be pursued and (ii) the pres-

27 criber notifies the elderly pharmaceutical

28

insurance

coverage

program

of

the

0·6/04/10

31

12268-02-0

1 prescriber's intent to provide necessary

2 information and cooperation Ln the pursuit

3

of the Medicare Part D

appeal~

and

4 provided further that, in instances where

5 the pharmacist is unable to immediately

6 reach the prescriber, the elderly pharma-

7 ceutical insurance coverage program shall,

8

upon the request of

the

pharmacist,

9 authorize a three day emergency supply of

10 the prescribed medication~ and provided

11 further that the elderly pharmaceutical

12 insurance coverage program shall authorize

13 such additional 90 day supplies of the

14 prescribed· medication, or such lesser

15 supply as specified on the prescription,

16 and such additional three day emergency

17 supplies as required to ensure coverage of

18

the prescribed medication

during

the

19 pendency of the Medicare Part D appeal;

20 provided ho~ever that, if this act appro-

21priates sufficient additional funds to

22 permit the elderly pharmaceutical insur-

23 ance coverage program to provide coverage

24 for prescription drugs without regard to

25 the limitations described in this section,

26 then the provisions of this paragraph

27 shall not apply and shall be considered

06/04/10

32

1 null and void as of September 30, 2010.

2 The moneys hereby appropriated shall be

3 available for payment of financial assist-

4 5 6 7

ance heretofore accrued

125,800,000

Program account subtotal ••..•.••••••• ~. 125,BOO,000

8

HEALTH CARE REFORM ACT PROGRAM

9 --------------

4,700,000

10 Special Revenue Funds - Other / Aid to Locali ties

11 HeRA Resources Fund - 061

12 HCRA Program Account

13 For services, expenses, grants and transfers

14 necessary to implement the health care

15 reform act program in accordance with

16 section 2B07-j, 2B07-k, 2807-1, 2807-m,

17 2807-p, 2807-s and 2807~v of the public

18 health law. The moneys hereby appropriated

19 shall be available for payments heretofore

20 accrued or hereafter to accrue. Notwith-

21 standing any inconsistent provision of

22 law, the moneys hereby appropriated may be

23 increased or decreased by interchange or

24 transfer with any appropriation of the

25 department of health or by transfer or

12268-02-0

06/04/10

33

12268-02-0

1 suballocation to any appropriation of the

2 department of insurance, the office of

3 mental health and the state office for the

4 aging subject to the approval of the

5 director of the budget, who shall file

6 such approval with the department of audit

7 and control and copies thereof with the

8 chairman of the senate finance committee

9 and the chairman of the assembly ways and

10 means committee. With the approval of the

11 director of the budget, up to 5 percent of

12 this appropriation may be used for state

13 operations purposes. At the direction of

14 the director of the budget, funds may also

15 be transferred directly to the general

16 fund for the purpose of repaying a draw on

17 the tobacco revenue guarantee fund.

18 For transfer to the pool administrator for 19 state grants for poison control centers. A

20

portion

of this appropriation may be

21 transferred to state operations appropri-

22 ations. Notwithstanding any inconsistent

23 provision of. law, rule or regulation,

24 allocations made pursuant to subparagraph

25 (iv) of paragraph (c) of subdivision 1 of

26 section 2807-1 of the public health law

27 28

for distributions

to

pOison

control

centers

pursuant to subdivision 7 of

06/04/10

34

12268-02-0

1 section 2500-d of the public health law

2 shall be reduced by $2,000,000 for the

3 period April 1, 2010 through March 31,

4

2011;

provided, however, if this act

5 provides sufficient additional funding to

6 support distributions to poison control

7 centers at amounts set forth in subpara-

8 graph (iv) of paragraph (c) of subdivision

9 1 of section 2807-1 of the public health

10 law, then the provisions of this section

11 shall be null and void·as of March 31,

12 2010 ~ oil. 2,500,000

13 For additional state grants to

improve

14 access to infertility services, treat-

15 16

ments, and procedures

2,200,000

17 Program account subtotal •••••..•••••••••••• 4,700,000

18

19

MEDICAL ASSISTANCE PROGRAM

50,070,519,000

20 --------------

21 General Fund / Aid to Localities

22 Local Assistance Account - 001

23 For the medical assistance program, includ~

24 ing administrative expenses, for local

25 social services districts, and for medical

06/04/10

35

12268-02-0

1 care rates for authorized child care agen-

2 cies.

3 The money hereby appropriated is to be

4 available for payment of aid heretofore

5 accrued or hereafter to accrue to munici-

6 palities, and to providers of medical

7 services pursuant to section 367-b of the

8 social services law, and for payment of

9 state aid to municipalities and to provid-

10 ers of family care where payment systems

11 through the fiscal intermediaries are not

12 operational, and shall be available to the

13 department net of disallowances, refunds,

14 reimbu~sements, and'credits.

15 Notwithstanding any inconsistent provision 16 of law to the contrary, funds may be used

17 18

by the department for

outside

legal

assistance on issues involving the federal

19 government, the conduct of preadmission

20

screening and annual resident

reviews

21 required by the state's medicaid program,

22 computer matching with insurance carriers

23 to insure that medicaid is the payer of

24 last resort and activities r.elated to the

25 management of the pharmacy benefit avail-

26 able under the medicaid program.

27 Notwithstanding any inconsistent provision 28 of law, in lieu of payments authorized by

06/04/10

36

12268-02-0

1 the social services law, or payments of

2 federal funds otherwise due to the local

j social services districts for programs 4 provided under the federal social security

5 act or the federal food stamp act, funds

6 herein appropriated, in amounts certified

7 by the state commissioner of temporary and

8 disability. assistance or the state commis-

9 sioner of health as due from local social

10 services dis·tricts each month· as their

11 share of ppyments made pursuant to section

12 367-b of the social services law may be

13 set aside by the state comptroller in an

14

interest-bearing

account

in order to

15 ensure the orderly and prompt payment of

18 19 20

health of each local social

services

16

providers

under section 367-b of the

17 ~ocial services law pursuant to an esti-

mate

provided by the commissioner of

district's share of payments made pursuant

21 to section 367-b of the social services

22 law.

23 Notwithstanding any other provision of law,

24

the

money hereby appropriated may be

25 increased or decreased by interchange,

26 with any appropriation of the department

27 of health and the office of medicaid

28 inspector general and may be increased or

06/04/10

37

12268-02-0

1 decreased by transfer or suballocation

2 between these appropriated amounts and

3 appropriations of the office of mental

4 health, office of mental retardation and

5 developmental disabilities, the office of

6 alcoholism and substance abuse services,

7 the department of family assistance office

8 of temporary and disability assistance and

9 office of children and family services,

10 and state office for the aging with the

11 approval of the director of the budget,

12 who shall file such approval with the

13 department of audit and control and copies

14 thereof with the chairman of the senate

15 finance committee and the chairman of the

16 assembly ways and means committee.

17 Notwithstanding any inconsistent provision

18 of law to the contrary, the moneys hereby

19 appropriated may be used for payments to

20 the centers for medicaid and medicare

21 services for obligations incurred related

22 to the pharmaceutical costs of dually

23 eligible medicare/medicaid beneficiaries

24 participating in the medicare drug benefit

25 authorized by P.L. 108-173.

26 Notwithstanding any inconsistent provision

27 of law, the moneys hereby appropriated

28 shall not be used for any existing rates,

06/04/10

38

12268-02-0

1 fees, fee schedule, or procedures which

2 may affect the cost of care and services

3 provided by personal care providers, case

4

managers,

health maintenance organiza-

,

5 tions, out of state medical facilities

6 which provide care and services to resi-

7 dents of the state, provider.s of transpor-

8

tat ion

services,

that

are

altered,

9 amended, adjusted or otherwise changed by

10 a local social services district unless

11 previously approved by the department of

12 health and the director of the budget.

13 Notwithstanding paragraph (c) of subdivision

14 10 of section 2807-c of the public health

15 law, subdivision 2-b of section 2808 of

16 the public health law, 'section 21 of chap-

17 ter 1 of the laws of 1999, and any other

18 ·contrary provision of law, in determining

19 rates of payments by state governmental

20 agencies effective for services provided

21 on and after April 1, 2010 through March

24

for

inpatient services and adult day

22 31, 2011, for inpatient and outpatient

23 services provided by general hospitals,

25 health care outpatient services provided

26

by

residential health care facilities

27 pursuant to article 28 of the public

28 health law, except for residential health

06/04/10

39

12268-02-0

1 care facilities that provide extensive

2 nursing, medical, psychological and coun-

3 seling support services to children, for

4 home health care s~rvices provided pursu-

5 ant to article 36 of the public health law

6 by certified home health agencies, long

7 term home health care programs and AIDS

. 8 home care programs, and for personal care

9

services

provided pursuant to section

10 365-a of the social services law, the

11 commissioner of health shall apply zero

12 trend factor projections attributable to

13 the 2010 calendar year in accordance with

14 paragraph (c) of subdivision 10 of section

15 2807-c of the public health law, provided,

16

however, that such zero trend

factor

17 projections for such 2010 calendar year

18 shall also be applied to rates of payment

19 for personal care services provided in

20 those local social services districts,

21 ·including New York city, whose rates of

22 payment for such services are established

23 by such local social services districts

24

pursuant .to a

rate-setting

exemption

25 issued by the commissioner of health to

26 such local social services districts in

27 accordance with applicable regulations,

28 and provided further, however, that for

06/04/10

40

12268-02-0

1 rates of payment for assisted living
2 program services provided on and after
3 April 1, 2010 through March 31, 2011,
4 trend factor projections attributable to
5 the 2010 calendar year shall be estab-
6 lished at zero percent. 7 For services and expenses of the medical

8

assistance program

including

hospital

9 inpatient services.

10 Notwithstanding any inconsistent provision 11 of law, rule or regulation and subject to

12

the

availability of federal financial

13 participation, for the period July 1, 2010

14 through March 31, 2011, hospital inpatient

15 rate adjustments shall be made in accord-

16 ance with regulations which the commis-

17

sioner of health shall promulgate

in

18 accordance with the provisions· of subpara-

19 graph (v) of paragraph (b) of subdivision

20 35 of section 2807-c of the public health

21 law and which shall be effective on and

22 after July 1, 2010 that incorporate quali-

23 ty related measures pertaining to poten-

regulations shall incorporate

a

risk

24 25

tially

preventable

readmissions. Such

26 adjusted comparison of the actual and

27 expected number of potentially preventable

28 readmissions in a given hospital with

06/04/10

41

1 benchmarks established by the commissioner

2 of health, provided, however, that the

3

application of such regulations

shall

4 result in an aggregate reduction in medi-

5caid payments of no less than $35,000,000

6 for the period July 1, 2010 through March

7 31, 2011 provided, however, that for the

8 period July 1, 2010 through March 31, 2011

9 such rate adjustments shall not reflect

10 the application of this section to behav-

11 ioral health readmissions.

12 Notwithstanding any .. inconsistent provision

13 of law, rule or regulation, hospital inpa-

14 tient rate adjustments made in accordance

15 with the methodology specified in subdivi-

16 sion 6 of section 2500-d of the public

17 health law shall be reduced by up to

18 $1,000,000 for the period April 1, 2010

19 through March 31, 2011~ provided, however,

20 if this act provides sufficient additional

21 funding to support such rate adjustments

22 without the aggregate reductions, then the

23 provisions of this section shall be deemed

24

null and void as of March 31, 2010

25 For services and expenses of the medical

26

assistance program

hospital

including

701,921,000

27 outpatient and emergency room services ••.•• 329,465,000

28 For services and expenses of the medical

12268-02-0

06/04/10

42

1

assistance

including

clinic

program

2 ~erVlces •••••..•..••...•••..••••••••••••••• 126,704,000

3 For services and expenses of the medical

4 assistance program including nursing home

5 services.

6 Notwithstanding any inconsistent provision

7 of law or regulation to the contrary, for

8 the period April 1, 2010 through March 31,

9 2011, the commissioner of health shall not

10 be required to revise certified rates of

11 payment established pursuant to the public

12 health law prior to April 1, 2011, based

13 on consideration of rate appeals filed by

14 residential health care facilities pursu-

15 ant to section 2808 of the public health

16 law or based upon adjustments to capital

17 cost reimbursement as a result of approval

18 by the commissioner of health of an appli-

19 cation for construction under section 2.802

20 of the public health law, in excess of

21 aggregate amount of $80,000,000, provided,

22 however, that in revising such rates with-

23 in such fiscal limits the commissioner

24 shall, in prioritizing such rate appeals

25 include consideration of which facilities

26 the commissioner determines .are facing

27 significant financial hardship, as well as

28 such other considerations as the commis-

12268-02-0

06/04/10

43

12268-02-0

1 sioner deems appropriate, and, further,

2 the commissioner is author,ized to enter

3 into agreements with such facilities or

4 any other facility to resolve multiple

5 pending rate appeals based upon a negoti~

6 ated aggregate amount and may offset such

7 negotiated aggregate amounts against any

8

amounts

owed by the facility to the

10

limited

to, amounts owed. pursuant to

9 department of health, including, but not

11 section 2807-d pf the public health law,

12 provided further, however, that such rate

13 adjustment made pursuant to this section

14 remain fully subject to approval by the

15 director of the budget in accordance with

16 the provisions of subdivision 2 of section

17 2807 of the public health law. Provided,

18 however, if this act appropriates suffi-

19 cient additional' funds to support process-

20 ing of residential health care facility

21

rate appeal adjustments

as

otherwise

22 provided for in the public health law,'

23 than the provisions of this section shall

24 be deemed null and void.

25 NotwHhstandiri.g any inconsistent provision

26 of law, rule or regulation to the contra-

27 ry, for the period April 1, 2010 through

28 March 31, 2011, a "reserved bed day" is

06/04/10

44

12268-02-0

1 2 3 4 5

defined as a day for which a governmental
agency pays a residential health care
facility to reserve a bed for a person
eligible for medical assistance pursuant
to title 11 of article 5 of the social· 6 services law while he or she is temporar-

7 ily hospitalized or on leave of absence

8 from the facility; provided further that

9 for reserved bed days· provided on behalf

10 of persons 21 years of age or older: (i)

11 payments for reserved bed days shall be

12 made at 95 percent of the medicaid rate

13 otherwise payable to the facility for

15 per sonj (ii) payment to a facility for

16 reserved bed days provided on behalf of

17 such person for temporary hospitalizations

18 may not exceed 14 days in any 12 month

19 period; and (iii) payment to a facility

20 for reserved bed days provided on behalf

21 of such person for non-hospitalization

22 leaves of absence may not exceed 10 days

23 in any 12 month period. Provided, howev-

24 er, if this act appropriates sufficient

25 additional funds to permit payment for

26 reserved bed days to be made at the full

27 medicaid. rate otherwise payable to the

28 . facility for services provided on behalf

14

services

provided

on behalf of such

06/04/10

45

1 of such person, and to not restrict
i payments for reserved bed days to such 14
3 day and 10 day limitations, then the
4 provisions of this paragraph shall not
5 apply and shall be considered null and
6 void as of March 31, 2010.
7 Notwithstanding any inconsistent provision 8 of law, for the period April 1, 2010

9 through March 31, 2011, residential health

10 care facility medicaid' rates of payment

11 shall not include reimbursement for the

12

of

drugs.

Such

prescription

cost

13 reimbursement shall be in accordance with

14 otherwise applicable provisions of section

15 367-a of the social services law ••••••••• 1,682,933,000'

16 For services and expenses of the medical

17 assistance program including ot.hez long

18 term care services.

19 Notwithstanding any inconsistent provision

20 of law, rule or regulation to the contra-

21 ry, for the period April 1, 2010 through

22 March 31, 2011, continued provision of

23 long term home health care program, AIDS

24 home care program or certified home health

25 agency services paid for by government

26 funds shall be based upon a comprehensive

27 assessment of the' medical, social and

28 environmental needs of the recipient of

12268-02-0

06/04/10

46

1 the services which shall be performed at

2 least every 180 days by the provider of a

3 1,0ng term home health care program, AIDS

4 home care program or the certified home 5 health agency providing "services for the

6 patient and the local department of social

7 services~ provided, however, if this act

8 appropriates sufficient additional funds

9

require

that such assessments be

to

10 performed no less frequently than once

11 every 120 days, then the provisions of

12 this paragraph shall not apply and shall

13 be considered null and void as of March

14 31,2010 ••••••..•••••••..•••••••••••••••• 1,866,765,000

15 For services and expenses of the medical 16 assistance program including managed care

17 serV1ces ...•.••.•••.•.••.••..••.•..•.•.•. 2,000,066,000

18 For services and expenses of "the medical

19 20

assistance ser'vices.

including pharmacy

program

21 Notwithstanding any law, rule or regulation

22 to the contrary, for the period April 1,

23 2010 through March 31, 2011, the commis-

24 sioner of health shall provide five days

"25 public notice on the department's website

26 of any recommendations developed by the

27 28

and

therapeutics

committee

pharmacy regarding

the preferred drug program;

12268-02-0

06/04/10

47

12268-02-0

1 provided however that, if this act appro-

2 priates sufficient additional funds to

3 permit the commissioner to provide thirty

4 days public notice on the department's

5 website of any such recommendations, the

6 provisions of this paragra~h shall not

7 apply and shall be considered null and

8 void as of March 31, 2010.

9 Notwithstanding any inconsistent provision

10 of law, rule or regulation to the contra-

Il ry, for the period June 1, 2010 through

12 March 31, 201t, for persons eligible for

13 medical assistance, who are also benefici-

14 aries under part D of title XVIII of the

15 federal social security act, the following

16 categories of drugs shall not be exempt

17 from the definition of "covered part D

drugs" and shall be subject to the medical

18 19 20

assistance exclusion of

coverage

for

"covered part D drugs": atypical anti-psy-

21 chotics, anti-depressants, anti-retrovi-

22 rals used in the treatment of HIV/AIDS,

23 and anti-rejection drugs used for the

24 treatment of organ and tissue transplants.

25 Notwithstanding any inconsistent provision

26 of law, rule or regulation to the contra-

27 ry, for the period April 1, 2010 through

28 March 31, 2011, medical assistance payment

06/04/10

48

12268-02-0

1 to a specialized HIV pharmacy, as defined

2 in paragraph (f) of subdivision 9 of

3 section 367-a of the social services law,

4 for drugs which may not be dispensed with-

5 out a prescription shall be made at the

6 following amounts: if the drug dispensed

7 is a multiple source prescription drug or

8 a brand-name prescription drug for which

9 no specific upper limit has been set by

10 the centers for medicare and medicaid

11

services,

the lower of the' estimated

12 acquisition cost of such drug to pharma-

13 cies, or the dispensing pharmacy's usual

14 and customary price charged to the general

15 public~ for sole and multiple source brand

16 name drugs, estimated acquisition cost

17 means the average wholesale price of a

18 prescription drug based upon the package

19 size dispensed from, as reported by the

20 prescription drug pricing service used by

21 the department of health, less sixteen and

22 twenty-five one hundredths percent there-

23 of, and updated monthly by the department~

24 for multiple source generic drugs, esti-

25 mated acquisition cost means the lower of

26

the

average

wholesale

price

of

a

27 prescription drug based on the package

28 size dispensed from, as reported by the

06/04/10

49

12268-02-0

1 prescription drug pricing service used by

2 the department, less 25 percent thereof,

3 or the maximum acquisition cost, if any,

4 established pursuant to paragraph (e) of

5 subdivision 9 of section 367-a of the

6 social services law~ provided, however,

7 that, if this act appropriates sufficient

8 additional funds to permit, for a specia1-

9 ized HIV pharmacy, acquisition cost to

10 mean, for sole and multiple source brand

11 name drugs, the average wholesale price of

12 a prescription drug based upon the package

13 size dispensed from, as reported by the

14 prescription drug pricing service used by

15 the department~ less 12 percent thereof,

16 and updated monthly by the department and,

17 for multiple source generic drugs, acqui-

18 sition cost to mean the lower of the aver-

19 age wholesale price of a prescription drug

20 based on the package size dispensed from,

21 as reported by the prescription drug pric-

22 ing service used by the department, less

23 12 percent thereof, or the maximum acqui-

24 sition cost, if any, established pursuant

25 to paragraph (e) of subdivision 9 of

26 section 367-a of the social services law,

27· then the provisions of this paragraph

06/04/10

50

1 shall not apply and shall be considered

2

null and void as of March 31, 2010

3 For services and expenses of the medical

4 assistance program including transporta-

5 tion services ..

6 Notwithstanding any inconsistent provision 7 of law, rule or regulation to the contr~-

8 ry, for the period April 1, 2010 through

9 March 31, 2011, the commissioner of health

10 is authorized to assume responsibility

11 from· a local social services official for

l~ the provision and reimbursement of Medi-

13 caid transportation costs under section

14 365-h of the social services law. Such

15 services, whether managed by the local

16 social services official or the commis';_

17 sioner of health, shall be provided in a

18

safe,

timely, and reliable manner by

19 providers that comply with state and local

20 regulatory requirements, and shall meet

21 consumer satisfaction criteria approved by

22 the commissioner of health. If the commis-

23 sioner -elects to assume such responsibil-

24 ity, the commissioner shall notify the

25 local social services official in writing

26 as to the election, the date upon which

27 the election shall be effective and such

28 information as to. transition of responsi-

74,200,000

12268-02-0

06/04/10

51

12268-02-0

1

bilities

as

the

commissioner

deems

'2 prudent. The commissioner is authorized

3 to contract with a transportation manager

4 or managers that have experience in coor-

5

dinating transportation services in

a

6 geographic and demographic area similar to

7 the area in New York state within which

8 the contractor would manage the provision

9 of such services. Such a contract or

10 contracts may incl.ude, without limitation,

11 responsibility for: review, approval and

12

processing

of

transportation

orders;

13 management of the appropriate leyel of

14 transportation based on documented patient

15 medical need; and development of new tech~

16 nologies and approaches leading to effi-

17 cient transportation services. Notwith-

18 standing any inconsistent provision of

19 sections 112 and 163 of the state finance

20 law, or section 142 of the economic devel-

21 opment law, or any other law, the commis-

22 sioner is authorized to enter into such

23 contract without a competitive bid or

24 request for proposal process. Provided,

25 however', if this act appropriates suffi-

26 cient additional funds to permit local

27

social

services officials to maintain

28 responsibility for management of Medicaid

06/04/10

52

1 transportation services without assumption

2 of such responsibility by the commissioner

3 of health, then the provisions of this

4 paragraph shall not apply and shall be

5 considered null and void as of March 31,

6 2010 90,000,000

7 For services and "expenses of the medical

8

assistance

program

including

dental

9 services •••••••••••••••••••••••••••••••••••• 81,005,000

10 For services and expenses of the medical

11 assistance program including non-institu-

12 tional and other spending.

13 Notwithstanding any incons~stent provision

14 of law, rule or regulation to the contra-

15 ry, for the period April 1, 2010 through

16

March 31, 2011: (i)

any

utilization

17 controls on occupational therapy or phys-

18 ical therapy services under the Medicaid

19 program, including, but not limited to,

20 prior approval of services, utilization

21 thresholds or other limitations imposed on

22 such therapy services in relation to a

23 chronic condition in clinics certified

24 under article 28 of the public health law

25 or article 16 of the mental hygiene law

26 shall be developed by the department of

27 health in concurrence with the office of

28 mental retardation and developmental disa-

12268-02-0

; 06/04/10

53

12268-02-0

1 bilities~ and (ii) prior approval by the

2 department of health of a physical therapy

3

evaluation or an occupational

therapy

4 evaluation by a qualified practitioner

5 practicing within the scope of such prac-

6

titioner1s

licensure

shall

not

be

7 required; provided that the department of

B health may require prior approval for

9 treatment as recommended by such an evalu-

10

ation

and,

in the event that prior

11 approval is required, and the department

12 of health fails to make a determination

13 .within eight days of presentation of a

14 treatment request for physical or occupa-

15 tional therapy services, the department of

16 health shall automatically approve four

17 therapy. visits; and provided further that,

18 in the case of any denial of a prior

19 approval request for physical therapy or

20 occupational therapy, the department of

21 health shall provide a reasonable opportu-

22 nity for the qualified practitioner to

23 provide his or her assessment of the bene-

24 ficiary's physical and functional status

25 as documented in a treatment plan with

26

reasonable

and

obtainable goals~ and

27 provided further that, if the qualified

2B practitioner provides documentation that

06/04/10

54

12268-02-0

1 is in acco+d with nationally recognized

2 professional standards, the recommended

3 treatment plan shall be final, and the

4 prior approval request shall be approved.

5 provided; however, if this act appropri-

6 ates sufficient additional funds to permit

7 payment under the Medicaid program for

8 occupational therapy and physical therapy

9 without the utilization control and prior

10

approval features

described

in

this

11 . section, then the provisions of this para-

12 graph shall not apply and shall be consid-

13

ered null and void as of March 31, 2010.

, ,.

i

14 Notwithstanding any inconsistent provision

16 ry, for the period April 1, 2010 through

15 of law, rule or ·regulation to the contra-

17 March 31, 2011, moneys paid by an appli-

18 cant or recipient of supplemental security

19 income benefits under section 209 of the

20 social services law or of medical assist-

21 ance under section 366 of such law, to a

23 er, cemetery, or any other person, firm or

22 funeral firm, funeral director, undertak-

26 an agreement,. for the sa Le of merchandise

24 corporation, under or in connection with

25 an agreement, or any option to enter into

27 to be used in connection with a funeral or

28 buria1,or for the furnishing of personal

06/04/10

55

12268-02-0

1 services of a funeral director or under-

2 taker, wherein the merchandise is not to

3 be actually physically delivered or the

4 personal services are not to be rendered

5 until the occurrence of the death . of the

6 person for whose funeral or burial such

7

merchandise or

services

are

to

be

8 furnished, shall be placed into an irrev-

9 ocable trust if the person for whose

10 funeral or burial such merchandise or

11 services are to be furnished. is a family

12 member of such applicant and recipient.

13 Under the terms of such an irrevocable

14 trust, such applicant or ·recipient (and

15 after the death of such applicant or

16 recipient, the family member) shall have

17 the right to select any funeral firm,

18 funeral director, undertaker, cemetery or

19 any other person, firm or corporation to

20 whom such payment is made and to change

21 such selection any time to any type of

22

funeral

or any funeral firm, funeral

27

such

an

irrevocable trust after the

23 director, cemetery or any other person,

24 firm or corporation to whom such payment

25 is made, located in the state of New York

26 or any other state. Any funds remaining in

28 payment of all funeral expenses must be

06/04/10

56

1 paid over to the social services official

2

responsible for arranging for

burials

3 under section 141 of the social services

4 law in the local government subdivision

5

~here the decedent resided.

Any such

6 agreement, and any promotional literature

7 prepared by a funeral firm, funeral direc-

8 tor, undertaker, cemetery, or any other

9 person, firm or corporation for prear-

10 ranged funeral and burial services must

11 contain language disclosing the irrev-

12 ocable nature of burial trusts established

13 for-a family member by an applicant or

14 recipient of supp'lemental security income

15 benefits or medical assistance. Provided,

16 however, if this act appropriates suffi-

17 cient additional funds to permit such

18 agreements purchased for family members by

19 applicants or recipients of supplemental

20 71

security income

or

medical

benefits

assistance

to be revocable, then the

22 provisions of this paragraph shall not

23 apply and shall be considered null and

24 void as of March 31, 2010 •••••••••••••••••• 590,143,000

25 Notwithstanding any inconsistent provision

26 of law, subject to the approval of the

27 director of the budget, up to the amount

28 appropriated herein,- together with any

12268-02-0

06/04/10

57

1 available federal matching funds, may be

2 transferred to the general fund - state

3 purposes account for services and expenses

4 related to utilization review activities

5 including but. not limited to utilization

6 management for radiology and transporta-

7 tion management services ••.••••••••••••••••• 10,500,000

8 Notwithstanding any inconsistent provision

9 of law,. subject to the approval of the

10 director of the budget, up to the amount

11 appropriated herein, together with any

12 available federal matching funds, may be

13 transferred to the general fund ~ state

14 purposes account for services and expenses

15 related to required criminal background

16 checks for non-licensed long-term care

17, employees including employees of nursing

18 homes, certified home health agencies,

19 long term home health care providers, AIDS

20 21

and licensed home

home care providers,

care service agencies

22 Notwithstanding any inconsistent provision

23 of section 112 or 163 of the state finance

24 law or any other contrary provision of the

25 state finance law or any other contrary

26 provision of law, the commissioner of

27 health may, without a competitive bid or

28 request for proposal process, enter into

11,705,000

12268-02-0

06/04/10

58

1

contracts with one or more

certified

2 public accounting firms for the purpose of

3

audits

of disproportionate

conducting

4 share hospital payments made by the state

5 of New York to general hospitals and for

6 the purpose of conducting audits .of hospi-

7 tal cost reports as submitted to the state

8 of New York in accordance with article 28

9 of the public health law. Notwithstanding

10

any inconsistent

provisions

law,

of

11 subject to the approval of the director of

12 the budget, up to the amount appropriated

13 herein, together with any available feder-

14 al matching funds, may be transferred to

15 the general fund - state purposes account •••• 2,300,000

16 Notwithstanding any inconsistent provision

17 of law, subject to the approval of the

18 director of the budget, moneys appropri-

19 ated herein may be transferred to the

20 general fund, state purposes acco~nt for

21 services and expenses related to the inde-

22 pendent audit of the internal controls of

23 the school and preschool supportive health

24 services programs as required by the New

25

school

health

York state

supportive

26 services program compliance agreement with

27 the centers for medicare and medicaid

28 services.

12268-02-0

06/04/10

59

1 Notwithstanding any inconsistent provision

2 of law, subject to the approval of the

3 director of the budget, the amount appro-

4

herein

may

be increased or

priated

5 decreased by interchange with any appro-

6 priation of the department of health ••••••••••• 400,000

7 For services and expenses of the medical

8 9

assistance

program

including

medical

services provided at state

facilities

10 operated by the office of mental health,

11

the office of mental retardation

and

12 developmental disabilities and the office

13 14

of alcoholism

abuse

and. substance

services

3,550,000,000

15 --------------

16 Program account subtotal •••••..••••••• 11,118,107,000

17 --------------

18 Special Revenue Funds - Federal/Aid to Localities

19 Federal Health and Human Services Fund - 265

20 Medicaid Direct Account

21 For services and expenses for the medical

22 assistance program, including administra-

23 tive expenses for local social services

.24 districts, pursuant to title XIX of the

25 federal social security act or its succes-

26 sor program.

12268-02-0

06/04/10

60

12268-02-0

1 The moneys hereby appropriated are to be 2 available for payment of aid heretofore

3 accrued or hereafter to accrue to munici-

4 palities, and to providers of medical

5 services pursuant to section 367-b of the

6 social services law, and for payment of

7 state aid to municipalities and to provid-

8 ers of family care where payment systems

9 through the fiscal intermediaries are not

10 operational, shall be available to the

11 department net of disallowances, refunds,

12 reimbursements, and credits.

13 Notwithstanding any other provision of law,

14

the money hereby appropriated may

be

15 increased or decreased by interchange,

16 with any appropriation of the department

17 of health and the office of medicaid

18 inspector general and may be increased or

19 decreased by transfer or suballocation

20 between these appropriated amounts and

21 appropriations of the office of mental

22 health, office of mental retardation and

23 developmental disabilities, the office of

24 alcoholism and substance abuse services,

25 the department of family assistance office

26 of temporary and disability assistance,

27 offic::e of children and fa"!llily services,

28 and state office for the aging with the

06/04/10

'61

12268-02-0

1 approval of the director of the budget,

2 who shall file such approval w.i th the

3 department of audit and control and copies

4 thereof with the chairman of the senate

5 finance committee and the chairman of the

6 assembly ways and means committee.

7 Notwithstanding any inconsistent provision

B of law, in lieu of payments authorized by

9 the social services law, or payments of

10 federal- funds otherwise due to the local

11 social services districts for programs

12 provided under the federal social security

13 act or the federal food stamp act, funds

14 herein appropriated, in amounts certified

15 by the state commissioner of temporary and

16 disability assistance or the state commis-

17 sioner of health as due from local social

18 services districts each month as their

19 share of payments made pursuant to section

20 367-b of the social services law may be

21 set aside by the state comptroller in an

22

interest-bearing account in

order

to

26

mate provided by the commissioner

of

23 ensure the orderly and prompt payment of

24

providers under section 367-b of

the

25 . social services law pursuant to an esti-

I

27 health of each local social services

28 district's share of payments made pursuant

06/04/10

62

12268-02-0

1 to section 367-b of the social services

2 law.

3 Notwithstanding paragr9ph (c) of subdivision

4 10 of section 2807-c of the public health

5 law, subdivision 2-b of section 2808 of

6 the public health law, section 21 of chap-

7 ter 1 of the laws of 1999, and any other

8' contrary provision of law, in determining

9 rates of payments by state governmental

10 agencies effective for services provided

lIon and after April 1, 2010 through March

12 31, 2011, for inpatient and outpatient

13 services provided by general hospitals,

14

for inpatient services and adult

day

15 health care outpatient services provided

16

by residential health care

facilities

17 pursuant to article 28 of the public

18 health law, except for residential health

19 care facilities that prOvide extensive

20 nursing, medical, psychological and coun-

21 seling support services to children, for

22 home health care services provided pursu-

23 ant to article 36 of the public health .law

24 by certified home health agencies, long

25 term home health care programs and AIDS

26 home care programs, and for personal care

27

services provided pursuant to

section

28 365-a of the social services law, the

06/04/10

63

12268-02-0

1 commissioner of health shall apply zero

2 trend factor projections attributable to

3 the 2010 calendar year in accordance with

4 paragraph (c) of subdivision 10 of section

5 2807-c of the public health .law, provided,

6

however,

that such zero trend factor

7 projections for such -2010 calendar year

8 shall also be applied to rates of payment

9 for personal care services provided in

10 those local social services districts,

11 including New York city, whose rates of

12 payment for such services are established

13 by such local social services districts

14

pursuant

to

a rate-setting exemption

15 issued by the commissioner of health to

16 such local social services districts in

17 accordance with applicable regulations,

18 and p.rovided further, however, that for

19

rates of payment for assisted

living

20 program services provided on and after

21 April 1, 2010 through March 31, 2011,

22 trend factor projections attributable to

23 the 2010 calendar year 'shall be estab-

24 lished at zero percent.

25 For services and expenses of the medical

26

assistance program

including

hospital

.27 inpatient services.

06/04/10

64

12268-02-0

1 Notwithstanding any inconsistent provision 2 of law, rule or regulation and subject to

3

the

availabi~ity of federal financial

4 participation, for the period July 1, 2010

5 through March 31, 2011, hospital inpatient

6 rate adjustments shall be made in accord-

7 ance with regulations which the commis-

8

sioner

of health shall promulgate in

9 accordance with the provisions of subpara-

10 graph (v) of paragraph (b) of subdivision

11 35 of section 2807-c of the public health

12 law and which shall be effective on and

13 after July 1, 2010 that incorporate quali-

14 ty related measures pertaining to pot en-

tia11y preventable

readmissions.

such

15 16 17

regulations

shall

incorporate a risk of . the actual and

adjusted comparison

18 expected number of potentially preventable

19 readmissions in a given hospital with

20 benchmarks established by the commissioner

"21 of health, provided, however, that the

22

application

of such regulations shall

23 result in an aggregate reduction in medi-

24 caid payments of no less than $35,000,000

25 for the period July 1, 2010 through March

26 31, 2011, provided, however, that for the

27 period July 1, 2010 through March 31, 2011

28 such rate adjustments shall not reflect

06/04/10

65

1 the application of this section to behav-

2 ioral health readmissions.

3 Notwithstanding any inconsistent provision

4 of law, rule or regulation, hospital inpa-

5 tient rate adjustments made in accordance

6 .with the methodology specified in subdivi-

7 siori 6 of section 2500-d of the public

8 health law shall be reduced by up to

9 $1,000,000 for the period April. 1, 2010

10 through March 31, 2011; provided, however,

11 if this act provides sufficient additional

12 funding to support such rate adjustments

13 without the aggregate reductions, then the

14 provisions of this section shall be deemed

15

null and void as of March 31, 2010

16 For services and expenses of the medical

17

assistance program

hospital

18 outpatient and emergency room services •••.• 982,403,000

including

19 20

For services assistance

clinic

and expenses of the medical

program including

4,435,794,000

21 services •••.• ~ ••••••.•••••••••.•••••••••••• 928,570,000

22 For services and expenses of the medical

23 assistance program including nursing home

24 services.

25 Notwithstanding any inconsistent provision

26 of law .or regulation to the contrary, for

27 the period April 1, 2010 through March 31,

28 2011, the commissioner of health shall not

12268-02-0

06/04/10

66

12268-02-0

1 be requir~d to revise certified rates of

2 payment established pursuant to the public

3 health law prior to April 1, 2011, based

4 on consideration of rate appeals filed by

5 residential health care facilities pursu-

6 ant to section 2808 of the public health

7 law or based upon adjustments to capital

8 cost reimbursement as a result of approval

9 by the commissioner of health of an appli-

10 cation for construction under section 2802

11 of the public health law, in excess of

12 aggregate amount of $80,000,000, provided,

13 however, that in revising such rates with-

14 in such fiscal limits the commissioner

15 shall, in prioritizing such rate appeals

16 include consideration of which facilities·

17 the commissioner· determines are facing

IBsignificant financial hardship, as well as

19 such other considerations as the commis-

20 sioner deems appropriate, and, further,

21 the commissioper is authorized to enter

22 into agreements with such facilities or

23 any other facility to resolve multiple

24 pending rate appeals based upon a negoti-

25 ated aggregate amount and may offset such

amounts owed by the

facility to the

26 27

negotiated aggregate

.amounts against any

28 department of health, including, but not

06/04/10,

67

12268-02-0

1

limited to, amounts owed pu~suant

to

2 section 2807-d of the public health law,

3 provided further, however, that such rate

4 adjustment made pursuant to this section

5 remain fully subject to approval by the

6 director of the budget in accordance with

7 the provisions of subdivision 2 of section

8 2807 of the public health law. Provided,

9 however, if this act appropriates suffi-

12

rate

appeal

adjustments as otherwise

10 cient additional funds to support process-

11 ing of residential health care facility

13 provided for in the public health law,

14 than the provisions of this section shall

15 be deemed null and void.

16 Notwithstanding any inconsistent provision

17 of law, rule or regulation to the contra-'

18 ry, for the period April 1, 2010 through

19 March 31, 2011, a "reserved bed day" is

20 defined as a day for which a governmental

26

ily hospitalized or on leave of absence

21 agency pays a residential health care

22 facility to reserve a bed for a person

23 eligible for medical assistance pursuant

24 to title 11 of article 5 of the social

25 services law while, he or she is temporar-

27

from the facility; provided furtlier that

'I

I'

I

i

28 for reserved bed days provided on behalf

06/04/10

68

12268-02-0

1 of persons 21 years of age or older: (i)

2 payments for reserved bed days shall be

3 made at 95 percent of the medicaid rate

4 otherwise payable to the facility for

5 6

services provided on person~ (ii) payment

behalf

of

such

to a facility for

7 reserved bed days provided on behalf of

8 such person for temporary hospitalizations

9 may not exceed .14 days i.n any 12 month

10 per iod; and (i ii) payment to a facilily

11 for reserved bed days provided on behalf

12 of such person for non-hospitalization

13 leaves of absence may not exceed 10 days

14 in any 12 month period. Provided, howev-

15 er~ if this act appropriates sufficient

16 additional funds to permit payment for

17 reserved bed days to be made at the full

18 medicaid rate otherwise payable to the

19 facility for services provided on behalf

20

of such person, and to not

restrict

21 payments for reserved bed days to such 14

22 day and 10 day limitations, then the

23 provisions of this paragraph shall not

24 apply and shall be considered null and

25 void as of March 31, 2010.

26 Notwithstanding any inconsistent provision

27 of law, for the period April 1, 2010

28 through March 31, 2011, residential health

06/04/10

69

12268-02-0

1 care facility medicaid rates of payment

2 shall not include reimbursement for the

3

cost

of

prescription

drugs.

Such

4 reimbursement shall be in accordance with

5 otherwise applicable provisions of section

6 367-a of the social services law .••••.••• 3,796,384,000

7 For services and expenses of the medical

8 assistance program including other long

9 term care services.

10 Notwithstanding any inconsistent provision 11 of law, rule or regulation to the contra-

12 ry, for the period April 1, 2010 through

13 March 31, 2011,. continued provision of

14 long term home health care program, AIDS

15 home care program or certified home health

16 agency services paid for by government

17 funds shall be based upon a comprehensive

18 assessment of the medical, social and

19 environmental needs of the recipient of

20 the services which shall be performed at

21 least every 180 days by the provider of a

22 long term home health care program, AIDS

23 home care program or the certified home

24 health agency providing services for the

25 patient and the local department of social

26 services; provided, however, if this act

27 appropriates sufficient additional funds

28

to require that such

assessments

be

06/04/10

70

1 performed no less frequently than once
2 every 120 days, then the provisions of
3 this paragraph shall not apply and shall
4 be considered null and void as of March
5 31, 2010 ........................................... 3,250,111,000 6 For services and expenses of the medical 7 assistance program including managed care

8 services ••••••••••••••••.•••••••••••••••• 4,806,689,000

9 For services and expenses of the medical

10

including pharmacy

assistance

program

11 services.

12 Notwithstanding any law, rule or regulation

13 to 'the contrary, for the period April 1,

14 2010 through March 31, 2011, the commis-

15 sioner of health shall provide five days

16 public notice on the department's website

17 of any recommendations developed by the

18 19

and

therapeutics

committee

pharmacy regarding

the preferred drug program;

20 provided however that, if this act appro-

21 priates sufficient additional funds to

22 permit the commissioner to provide thirty

23 days public notice on the department's

24 website of any such recommendations, the

25 provisions of this paragraph shall not

26 apply and shall be considered null and

27 void as of March 31, 2010.

12268-02-0

06/04/10

71

12268-02-0

1 Notwithstanding any inconsistent provision

2 of law, rule or regulation to the contra-

3 ry, for the period April 1, 2010 through

4 March 31, 2011, medical assistance payment

5 to a .specialized HIV pharmacy, as defined

6 in paragraph (f) of subdivision 9 of

7 section 367-a of the social services law,

8 for drugs which may not be dispensed wi th-

r

9 out a prescription shall be made at the

10 following amounts: if the drug dispensed

11 is a multiple source prescription drug or

12 a brand-name prescription drug for which

13' no specific upper limit has been set by

15

services, the lower of the

estimated

14 the centers for medicare and medicaid

16 acquisition cost of such drug to pharma-

17 cies, or the dispensing pharmacy's usual

18 and customarY'price charged to the general

19 public~ for sale and multiple source brand

20 name drugs, estimated acquisition cost

21 means the average 'wholesale price of a

22 prescription drug. based upon the package

23 size dispensed frOm, as reported by the.

24 prescription drug pricing service used by

25 the department of health, less sixteen and

26 twenty-five one hundredths percent there-

27 of, and updated monthly by the department~

28 for multiple source generic drugs, est i-

06/04/10

72

12268-02-0

1 mated acquisition cost means the lower of

2

the

average

wholesale

price

of

a

3 prescription drug based on the package

4 size dispensed from, as reported by the

5 prescription drug pricing service used by

6 the department, less 25 percent thereof,

7 or ~he maximum acquisition cost, if any,

8 established pursuant to paragraph (e) of

9 subdivision 9 of section 367-a of the

10 social services law~ provided, however,

11 that, if this act appropriates sufficient

12 additional funds to permit, for a special-

13 ized HIV pharmacy, acquisition cost to

14 mean, for sole and multiple source brand

15 name drugs, the average wholesale price of

16 a prescription drug based upon the package

17 size dispensed from, as reported by the

18 prescription drug pricing service used by

19 the department, less 12 percent thereof,

20 and updated monthly by the department and,

21 for multiple source generic drugs, acqui:-

22 sition cost to mean the lower of the aver-

23 age ~holesale price of a prescription drug

24 based on the package size dispensed from,

25 as reported by the prescription drug pric-

26 ing service used by the department, less

27· 12 percent thereof, or the maximum acqui- 28 sition cost, if any, established pursuant

06/04/10

73

1 to paragraph (e) of subdivision 9 of

2 section 367-a of the social services law,

3 then the provisions of this paragraph

4 shall not apply and shall be considered

5

null and void as of March 31, 2010

6 For services arid expenses of the medical

7 assistance program including transporta-

8 tion services.

9 Notwithstanding any inconsistent provision

10 of la~, rule or regulation to the contra-

Il ry, for the period April 1, 2010 through

12 March 31, 2011, the commissioner of health

13 is authorized to assume responsibility

14 from a local social services official for

15 the provision and reimbursement of Medi-

16 caid transportation costs under section

17 365-h of the social services law.· Such

18 services, whether managed by the local

19 social services official or the commis-

20 sioner of health, shall be provided in a

21

safe, timely, and reliable manner

22 providers that comply with state and local

23 regulatory requirements, and shall meet

24 consumer satisfaction criteria approved by

25 the commissioner of health. If the commis-

26 sioner elects to assume such responsibil-

27 ity, the commissioner shall notify the

28 local social services official in writing

2,517,480,000

by

12268-02-0

06/04/10

74

12268-02-0

1 as to the election, the date upon which

2 the election shall be effective and such

3 information as to transition of responsi-

4

bilities

as

the

commissioner

deems

5 prudent. The commissioner is authorized 6 to contract with a transportation manager

7. or managers that have experience in coor-

8

dinating

transportation services in a

9 geographic and demographic area similar to

10 the area in New York state within which

11 the contractor would manage the provision

12 o£such services. Such a contract or

13 contracts may include, without limitation,

14 responsibility for: review, approval and

15

processing

of

transportation

orders;

16 management of the appropriate level of

17 transportation based on documented patient

18 medical need; and development of new tech-

19 nologies and approaches leading to effi-

20 cient transportation services. Notwith~

21 standing any inconsistent provision of

22 sections 112 and 163 of the state finance

23 law, or section 142 of the economic devel-

24 opment law, or any other law, the commis-

25 sioner is authorized to enter into such

26 contract without a competitive bid or

27 request for proposal process. Provided·,

28 however, if this act appropriates suffi-

06/04/10

75

1 cient additional funds to permit local

2

social services officials to

maintain

3 responsibility for management of Medicaid

4 transportation services without assumption

5 of such responsibility by the commissioner

6 of health, then the provisions of this

7 paragraph shall not apply and shall be

8 considered null and void as of March 31,

9 2010 223,287,000

10 For services and expenses of the medical

11

including

assistance

dental

program

12 services ••.•••••.•••••••.••••••••.••••••••• l50,9ff7,000

13 For services and expenses of the medical

14 assistance program including noninstitu-

15 tional and other spending.

16 Notwithstanding any inconsistent provision

17 of law, rule or regulation to the contra-

18 ry, for the period April 1, 2010 through

19

2011: (i) any utilization

March

31,

20 controls on occupational therapy or phys-

21 ical therapy services under the Medicaid

22 program, including, but not limited to,

23 prior approval of services, utilization

24 thresholds or other limitations imposed on

25 such therapy services in relation to a

26 chronic condition in clinics certified

27 under article 28 of the public health law

28 or article 16 of the mental hygiene law

12268-02-0

06/04/10

76

12268-02-0

1 shall be developed by the department of

2 health in concurrence with the office of

3 mental retardation and developmental disa-

4 bilities; and (ii) prior approval by the

5 department of health of a physical therapy

6

evaluation or an occupational

therapy

7 evaluation by a qualified practitioner

8 practicing within the scope of such prac-

9

licensure

shall

not

be

10 required~ p~ovided that the department of

11 health may require prior approval for

12 treatment as recommended by such an evalu-

13

ation

and,

in the event that prior

14 approval is required, and the department

15 of health fails to make a determination

16 within eight days of presentation of a

17 treatment request for physical or occupa-

18 tional therapy services, the department of

19 health shall automatically approve four

20 therapy visits; and provided further that,

21 in the case of any denial of a prior

22 approval request for physical therapy or

23 occupational therapy, the department of

24 health shall provide a reasonable opportu-

25 nity for the qualified practitioner to

26 provide his or her assessment of the bene-

27 ficiary's physical and functional status

28 as documented in a treatment plan with

06/04/10

77

12268-02-0

1

. reasonable

and

obtainable goals~ and

2 provided further that, if the qualified

3 practitioner provides documentation that

4 is in accord with nationally recognized

5 professional standards, the recommended

6 treatment plan shall be final, and the

7 prior approval request shall be approved.

8 Provided, however, if this act appropri-

9 ates sufficient additional funds to permit

10 payment under the. Medicaid program for

11 occupational therapy and physical therapy

12 without the utilization control and prior

13

approval

features

described

in this

14 section, then the provisions of this para-

15 graph shall not apply and shall be consid-

16 ered null and void as of March 31, 2010.

17 Notwithstanding any inconsistent provision

is of law, rule or regulation to the contra-

19 ry, for the period April 1, 2010 through

20. March 31, 2011, moneys paid by an appli-

21 cant or recipient of supplemental security

22 income benefits under section 209 of the

23 social services law or of medical assist-

24 ance under section 366 of such law, to a

25 funeral firm, funeral director, undertak-

26 er, cemetery, or any other person; firm or

27 corporation, under or in connection with

28 an agreement, or any option to enter into

06/04/10

78

12268-02--:-0

1 an agreement, for the sale of merchandise

2 to be used in connection with a funeral or

3 burial, or for the furnishing of personal

4 services of a funeral director or under- 5' taker, wherein the merchandise is not to

6 be actually physically delivered or the

7 personal services are not to be rendered

8 until the occurrence of the death of the

9 person for whose funeral or burial such

10

me rchand i s e

or' services

are

to be

11 furnished, shall be placed into an irrev-

12 ocable trust if the person for whose

13 funeral or burial such merchandise or

14 services are to be furnished is a family

15 member of such applicant and recipient.

16 Under the terms of such an irrevocable

17 trust, such applicant or recipient (and

18 after the death of such applicant or

19 recipient,· the family member) shall have

20 the right to select any funeral firm,

21 funeral director, undertaker, cemetery or

22 any other person, firm or corporation to

23 whom such payment is made and to change

24 such selection any time to any type of

25

funeral or any funeral firm,

funeral

26. director, cemetery or any other person,

27 firm or corporation to whom such payment

28 is made, located in the state of New York

06/04/10

79

1 or any other state. Any funds remaining in

2

such an irrevocable trust

the

after

3 payment of all funeral expenses must be

4 paid over to the social services official

5 responsible for arranging for . burials

6 under section 141 of the social services

7 law in the local government subdivision

8

where the decedent resided.

Any such

9 agreement, and any promotional literature

10 prepared by a funeral firm, funeral direc-

11 tor, undertaker, cemetery, or any other

12 person, firm or corporation for prear-

13 ranged funeral and burial services must

14 contain language disclosing the irrev-

15 ocable nature of burial trusts establi·shed

16 for a family member by an applicant or

17 recipient of supplemental security income

18 benefits or medical assistance. Provided,

19 however, if this act appropriates suffi-

20 cient additional funds to permit such

21 agreements purchased for family members by

22. applicants or recipients of supplemental

23 24

security

or medical

income

benefits

assistance to be revocable, then

the

25 provisions of this paragraph shall not

26 apply and shall be considered null and

27 void as of March 31,2010 •••••.•••••••.•• 4,300,376,000

12268-02-0

06/04/10

80

1 Notwithstanding any inconsistent provision

2 of section 112 or 163 of the state finance

3 law or any other contrary provision of the

4 state finance law or any other contrary

·5 provision of law, the commissioner of

6 health may, without a competitive bid or

7 request for proposal process, enter into

8

certified

contracts with one or more

9 public accounting firms for the. purpose of

10

conducting

of disproportionate

audits

11 share hospital payments made by the state

12 of New York to general hospitals and for

13 the purpose of conducting audits of hospi-

14 tal cost reports as submitted to the state

15 of New York in accordance with article 28

·16 17 18

of the public health law. Notwithstanding

inconsistent

provisions

of law,

any

subject to the approval of the director of

19 the budget, up to the amount appropriated

20 herein ••.•••••••••••••••••••••••••••••••••••• 2,300,000

21 For services and expenses of the medical

22 23

assistance

including

medical

program

services

provided at state facilities

24 operated by the office of mental health,

25

the

office of mental retardation and

26 developmental disabilities and the office

27

of

alcoholism

abuse

and substance

28 services •••••.••••••••••••••••••••••••••• 3,550,000,000

12268-02-0

06/04/10

81

1 For services and expenses of the medical

2

assistance

including hospital

program

3 inpatient, hospital outpatient and emer-

4 gency room, clinic, nursing home, other

5 long term care, managed care, pharmacy,

6 transportation, dental, non-institutional

7

other

spending, medical services

and

8 provided at state facilities operated by

9 the office of mental health, the office of

10 mental retardation and developmental disa-

11 bilities and the office of alcoholism and

12 substance abuse services and for any other

13 me4ical assistance services resulting ~rom

14 an increase in the federal medical assist-

15 ance percentage pursuant to the American

16

and

Reinvestment Act. Funds

Recovery

17 appropriated herein shall be subject to

.18 all applicable reporting and acoountabil-

19 20

ity requirements contained in such act

5,667,000,000

21 Program account subtotal •••••••••••••• 34,611,381,000

22 --------------

23 Special Revenue Funds - Other / Aid to Localities

24 HCRA Resources Fund - 061

25 Medical Assistance Account

12268-02-0

I

06/04/10

82

1 For the purpose of making payments, the

2 money hereby appropriated is available for

3 payment of aid heretofore accrued or here-

4 after accrued, to providers of medical

5 care pursuant to section 367-b of the

6 social services law, and for payment of

7 state aid to municipalities and the feder-

8 9

al

where

government

payment systems

through fiscal intermediaries are

not

10 operational, to reimburse such providers

11 for costs attributable to the provision of

12 care to patients eligible for me~ical

13 assistance.

14 For services and expenses related to the

15

medical assistance program

16 For services and expenses of the medical 17 assistance program related to the treat-

18

ment of breast and cervical cancer

130,100,000

2,100,000

19 For services and expenses of the medical

20 assistance program related to primary care

21 case management. Allor a portion of this

22 appropriation may be transferred to state

23 operations appropriations •••••••••••••••••••• 2,000,000

24 For services and expenses of the medical

25 assistance program related to disabled

27 For services and expenses of the medical

26 persons 010 ~ .............•• 23,500, 000

12268-02-0

06/04/10

83

1 assistance program related to physician

2 serVlces ••••...••••.•.•••.•••••.••••..•••••. 85,200,000

3 For services and expenses of the medical

4 assistance program related" but not limit-

S ed to, pharmacy, inpatient, and nursing

'6 home services .••.•••..••••.••••.••••••.•• 1,476,231,000

7 For services and expenses of the medical 8 assistance program related to the city of

9 New York 124,700,000

10 For services and expenses of the medical 11 assistance program related to" providing

12

distributions

for supplemental medical

13 insurance for medicare part B premiums,

14 physician services, outpatient services,

15

medical equipment, supplies and

other

16 health services •••.••••••..••••.•••••.•••••. 68,000,000

11 For se~vices and expenses of the medical

1B assistance program related to the family

19 health plus program ••••..•••••.•••••••••••• 590,900,000

20 For services and expenses of the medical

21 assistance program related to' providing

22 financial assistance to residential health

23 care facilities .•••••••••••••••••••••••••••• 15,000,000

24 For services and expenses of the medical

25 assistance program related to free-stand-

26 ing diagnostic and treatment center rate

27 increases for recruitment and retention of

28 health care workers ••.••••••••••••.•••••..••••• 900,000

12268-02-0

06/04/10

84

1 For services and expenses of the medical

2 assistance program related to supporting

3 workforce recruitment and retention of

4 personal care services or any worker with

5 direct patient care responsibility for

6 local social service districts which

7 include a city with a population of over

8 one million persons .••••••••••••••••••••••• 136,000,000

9 For services and expenses of the medical

10 assistance program related to supporting

11 workforce recruitment and retention of

12 personal care services for local social

13 service districts that do not include a

14 city with a population of over one million

15 persons * ~ * ~1,200,OOO

16 For services and expenses of the medical

17 assistance program related to supporting

18 rate increases for certified home health

19 20 21

agencies, long term home health care programs, AIDS home care programs, hospice programs, managed long term care plans and

22 approved managed long term care operating

23 24

demonstrations

and

for

recruitment

retention of health care workers

50,000,000

25 --------------

26 Program account subtptal ••••••••.••.••• 2,715,831,000

27 -----~--------

12268-02-0-

06/04/10

85

12268-02-0

1 Special Revenue Funds - Other / Aid to Localities

2 HCRA Resources Fund - 061

3 Indigent Care Account

4 For

the purpose of making payments to

5 providers of medical care pursuant to

6 section 367-b of the social services law,

7 and for payment of state aid to munici-

8 palities where payment systems through

9 fiscal intermediaries are not operational,

10 to reimburse such providers for costs

11 attributable to the provision of care to

12 patients eligible for medical assistance.

13 Payments from this appropriation to gener-

14 a1 hospitals related to indigent care

15 pursuant to article 28 of the public

16 health law· respectively, when combined

17 IS

with federal

funds

for

services

and

expenses for

the

medical assistance

19 program pursuant to title XIX of the

20 federal social security act or its succes-

21 sor program, shall equal the amount of the

22 funds received related to health care

23 reform act allowances and surcharges

24 pursuant to article 28 of the public

25 health law and deposited to this account

26 less any such amounts withheld pursuant to

06/04/10

86

12268-02-0

1 subdivision 21 of section 2807-c of the

2 public health law.

3 Notwithstanding any contrary provision of

4 law and subject to the availability of

5 federal financial participation, for the

6 period July 1, 2010 through December 31,

7 2010, distributions pursuant to sections

8 2807-k and 2807-w of the public health law

9 shall reflect an aggregate reduction of

10 sixty~nine million four hundred thousand

11 dollars, based on the proportions of each

12 hospitalts indigent car.e allocations to

13 the total allocations of all hospitals·

14 indigent care allocations prior to appli-

15 cation of this reduction, provided, howev-

16 er, that such reductions shall not be

17 applied to distributions to major public

18 hospitals, including major public hospi-

19 tals operated by public benefit corpo-

20 rations, and shall also not be applied to

21 distributions made pursuant to subpara-

22 graphs (ii), (iii) or (iv) of paragraph

23 (b) of subdivision 5-b of section 2807-k .

24 of the public health law, and provided

25

further,

however,

that payments made

26 pursuant to this section shall not be

27 included as gross revenue for purposes

28 under paragraph (d) of subdivision 18 of

06/04/10

87

12268-02-0

1 section 2807-c of the public health law

2 and, further, shall not be included as

3 gross receipts for purposes under para-

4 graph (a) of subdivision 3 of section

5 2807-d of the public health law. Provided,

6 however, if this act appropriates suffi-

7 cient additional funding to support indi-

. 8 gent care payments to general hospitals as

9 'otherwise provided for in sections 2807-k

10 and 2807-w of the public health law then·

11 the provisions of this section shall be

12 deemed null and void as of June 30, 2010.

13 Notwithstanding any inconsistent provision

14 of subdivision 35 of section 2B07-c of the

15 public health law or any other contrary

16 provision of law and subject to the avail-

17

ability

of

federal financial partic-

18. ,ipation, for the period July 1, 2010

19 through March 31, 2011 the commissioner

20 shall make additional inpatient hospital

21 payments up to the aggregate upper payment

22 limit for inpatient hospital services

23

after

all

other

medical

assistance

24 payments, but not to exceed two hundred

25 thirty-five million five hundred thousand

26

dollars

for the period July 1, 2010

27 through March 31, 2011 to general hospi-

28 tals, other than major public general

06/04/10

88

12268-02-0

1

hospitals,

providing

emergency

room

2 services and including safety net hospi-

3 tals, which shall, for the purpose of this

4 paragraph, be defined as having either: a

5 Medicaid share of total inpatient hospital

6

discharges

of

at

least

thirty-five

7 percent, including both fee-far-service

8 and managed care discharges for acute and

9 exempt services; or a Medicaid share of

10

total discharges of at

least

thirty

11 percent, including both fee-for-service

12 and managed care discharges for acute and

13 14

exempt

services,

and

also providing

obstetrical

services.

Eligibility

to

15 receive such additional payments shall be

16 bas~d on data from the period two years

17 prior to the rate year, as reported on the

18 institutional cost report submitted to the

19 department of health as of October lof

20 the prior rate year. Such payments shall

21 be made as medical assistance payments for

22

fee-far-service

inpatient

hospital

23 services pursuant to title 11 of article 5

. 24 of the social services law for patients

25 eligible for federal financial partic-

26 ipation under title XIX of the federal

27 social security act and in accordance with

28 the following:

06/04/10

89

12268-02-0

1 (1) Thirty percent of such payments shall be 2 allocated to safety net hospitals based on

3

each eligible

hospital's proportionate

4 share of all eligible safety net hospi-

5 tals' Medicaid discharges for inpatient

6 hospital services, including both Medicaid

7

fee-for-service

and

managed'

care

8 discharges for acute and exempt services,

9 based on data from the period two years

10 prior to the rate year, as reported on the

11 institutional cost report submitted to the

12 department of health as of October 1 of

13 the prior rate year;

14 (2) Seventy percent of such payments shall

IS be allocated to eligible general hospitals

16 based 'on each such hospital's propor-

17 tionate share of all eligible hospitals'

18 Medicaid discharges for inpatient hospital

19 se~vice~, including both Medicaid fee-for-

20 service and managed care discharges for

21 acute and exempt services, based on data

22 from the period two years prior to the

23 rate year, as reported on the institu-

24

tional

cost

report submitted to the

25 department of health as of October 1 of 26' the prior rate year, provided, however,

27 that allocations to safety net hospitals

28 pursuant to this subdivision shall be

06/04/10

90

12268-02-0

1 reduced by the payment amount calculated

2 for each such hospital pursuant to subdi-

3 vision (1) of this appropriation, provided

4

however

that no such reduction shall

5 result in a negative value. The amount of

6 such reductions shall be re-allocated to

7 eligible non-safety net hospitals propor-

8 tionately, based on each such non-safety

9 net hospital's payment pursuant to this

10 appropriation to the total of all such

11 payments made to all such non-safety net

12 hospitals;

13 (3) No eligible general hospd tal's annual

14 payment amount pursuant to this appropri-

16

the

annual amounts due that hospital

15 ation shall exceed the lower of the sum of

19

facility specific projected

dispropor-

17 pursuant to sections 2807-k and 2807-w of

18 the public health law; or the hospital's

20 tionate share hospital payment ceiling

21

established pursuant to

federal

law,

22 provided, however, that payment amounts to

24

sions (1) and (2) of this appropriation in

I

! i

i

I

23

eligible hospitals pursuant to subdivi-

28

amounts. Such reallocations

shall

be

25 excess of the lower of such sum or payment

26 ceiling shall be reallocated to eligible

27 hospitals that do not have excess payment

06/04/10

91

12268-02-0

1 2

proportional

to

each such hospital's

aggregate payment amount

pursuant

to

3 subdivisions (l) and (2) of this appropri-

4 ation to the total of all payment amounts

5 for such eligible hospitals~

6 (4) Subject to the availability of· federal

7 financial participation and in conformance

8 with all applicable federal statutes and

9 regulations, payments made pursuant to

10 this appropriation shall be made as upper

11 payment limit payments and, further, such

12 payments shall be made as aggregate month-

13 ly payments to eligible general hospitals

14

and provided

further,

however,

that

15 payments made pursuant to this subdivision

16 shall not in any event be available for

17 periods after the last day of the calendar

18 year during which enhanced federal medi-

19

caid

assistance

percentages

(FMAP)

20 payments to general hospitals in the state

21 of New York pursuant to section five thou-

22 sand one of the federal American Recovery

23 and Reinvestment Act of 2009, or pursuant

24 to an otherwise applicable federal law,

25 cease to be available;

·26 (5) In the event that the commissioner of

27 health determines that federal financial

28 participation will not be available for

06/04/10

92

12268-02-0

1 aggregate payments made in accordance with

2 subdivision (4) of this appropriation,

3 payments pursuant to this appropriation

4 shall be included as rate add-ons to

5 6

medical payment

assistance

inpatient rates of

established

pursuant to subdivi-

7 sion 35 of section 2807-c of the public

8 health law based on data from the period

9 two years prior to the rate year, as

10 reported on the institutional cost report

11 submitted to the department of health as

12 of October 1 of the prior rate year,

13 provided, however, that if such payments

14 are made as rate add-ons, the commissioner

15 of health shall establish a procedure to

16

reconcile payment amounts

to

reflect

17 changes in medical assistance utilization

18 from the period two years prior to the

19 rate year and the actual rate year based

20 on data as reported on each hospital's

21 annual institutional cost report for the

22 'respective rate year, as submitted to the

23 department of health as of October 1 of

24 the year following the rate year~

25 (6) Notwithstanding any other law, rule or

26 regulation to the contrary, projections of

27 each general hospital's disproportionate

28

share limitations as computed by

the

22

06/04/10

93

12268-02-0

1 commissioner of health pursuant to appli-

2 cable regulation~ shall be adjusted to

3 reflect any additional revenue received or

4 anticipated to be received by each such.

5 general hospital pursuant to this appro-

6 priati6n;

7 (7) For each hospital receiving payments

8 pursuant to subdivisions (1) through (5)

9 of this appropriation, the commissioner of

10 health shall reduce the sum of any amounts

11 12 13

paid

pursuant to sections 2807-k and

2807-w of the public health law,

as

computed

based

on projected facility

14 specific disproportionate share hospital

15 ceilings, by an amount equal to the lower

16 17 18

of such sum or ·each such

hospi tal's·

pursuant to subdivisions (1)

payments through

(5 )

of

this

appropriation,

19 provided, however, that any additional

20 aggregate reductions enacted in a chapter

21 of the laws of 2010 to the aggregate

amounts payable pursuant

to

sections

23 2807-k and 2B07-w of the public health law

24 shall be applied subsequent to the adjust-

25

ments

otherwise provided for in this

26 subdivision;

27 (8) provided, however, if this act appropri-

28

ates sufficient additional funding

to

06/04/10

94

1 support indigent care payments to general

2 hospitals as otherwise provided for in

3 sections 2807-k and 2807-w of the public

4 health law then the provisions of this

5 appropriation shall be deemed null and

6 7

void as of June 30, 2010

875,400,000

8 Program account subtotal •••••••••••••••.• 875,400,000

9 --------------

10 Special Revenue Funds - Other / Aid to Localities

11 Miscellaneous Special Revenue Fund - 339

12 Medical Assistance Account

13 For

the purpose of making payments to

14 providers of· medical care pursuant to

15 section 367-b of the social services law,

16 and for payment of state aid to munici-

17 palities and the federal government where

18 payment systems through fiscal interme-

19 diaries are not operational, to reimburse

20 such providers for costs attributable to

21 the provision of care to patients eligible

22 for medical assistance.

23 For services and expenses of the medical

24 assistance program including nursing home,

25 personal care, certified home health agen~

12268-02-0

06/04/10

95

1 cy, long term home health care program and

2 3

hospital services

749,800,000

4 Program account subtotal ••••••••..••••••• 749,800,000

5 --------------

12268-02-0

6 WADSWORTH CENTER FOR LABORATORIES AND RESEARCH PROGRAM •••••••.• 438,000

7 --------------

8 Special Revenue Funds - Other / State Operations

9 Miscellaneous Special Revenue Fund - 339

10 Spinal Cord Injury Research Fund Account

11 For services and expenses related to spinal

12 cord injury research pursuant to chapter

13 338 of the laws of 1998, in accordance

14 with the following.

15 PERSONAL SERVICE

16 Personal service--regular ••••••••.••••••••••••••• 221,000

17

18

NONPERSONAL ~ERVICE

19 Fringe benefits .•••••••...••••••..•••••••••..•••••• 88,000

20 Indirect costs •••••••••••••••.••.•••••••••••••••• 129,000

21

06/04/10

96

12268-02-0

1 Amount .available fOI nonpersonal seIvice •..•••• 217,000

4

---------...:.----

2 --------------

3 Program account subtotal ••••..•.••••••••..••• 438,000

5 § 12. The amount specified in this section, or so much theIeof as 6 shall be sufficient to accomplish the purpose designated, is hereby 7. appropriated and authorized to be paid as hereinafter provided, to the 8 public officers and for the pUIpose specified, which amount shall be 9 available for the state fiscal year beginning April I, 2010.

10 DEPARTMENT OF LABOR

11 UNEMPLOYMENT INSURANCE BENEFIT PROGRAM ••••••••••••••••••••• 19·5, 000, 000

12 --------------

13 EnteIprise Funds / State Operations

14 Unemployment Insurance Benefit Fund - 481

15 FOI payment of unemployment insurance bene- 16 fits pursuant to article 18 of the labor

17

law

or as authorizeB by the Federal

18 government through the disaster unemp1oy-

19 20

ment assistance program

• oil! e_ ..

195,000,000

--'------------

21 S 13. Section 12 of chapter 106 of the laws of 2010, relating to 22 making appropriations for the support of government, is amended to read 23 as follows:

06/04/10

97

12268-02-0

1 S 12. The amount specified in this section, or so much thereof as 2 shall be sufficient to accomplish the purpose designated, is hereby 3 appropriated and authorized to be paid as hereinafter provided, to the 4" public officers and for the purpose specified, which amount shall be 5 available for the state fiscal year beginning April 1, 2010.

6 DEPARTMENT OF ENVIRONMENTAL CONSERVATION

7 Federal Capital Projects Fund

8 Water Resources Purpose

9 The sum of five million six thousand dollars ($5,006,000), or so much

10 thereof as shall be sufficient to accomplish the purpose designated, is 11 hereby appropriated for contracts approved for purposes for which the 12 legislature authorized the expenditures of money during the 2009-2010 13 fiscal year. An amount up to five million six thousand dollars 14 ($5,006,000) shall be available for the payment by the state of federal 15 capitalization grants for the water pollution control revolving fund, as

"16 funded by the American Recovery and Reinvestment Act of 2009 incurred in 17 the ordinary course of business [during the period from] after April 1 18 [through June 6], 2010 for contracts approved [during the period from] 19 on or after April 1 [through June 6], 2010, provided, however, that 20 nothing contained herein shall be deemed to limit or restrict the power 21 or authority of state departments or agencies to conduct their act iv- 22 ities or operations in accordance with existing law, and further 23 provided that nothing contained herein shall be deemed to supersede, 24 nullify, or modify the provisions of section 40 of the state finance law 25 prescribing when appropriations made for the 2009-2010 fiscal year shall

06/04/10

98

12268-02-0

1 have ceased to have force and effect. Funds appropriated herein shall be 2 subject to all applicable reporting and accountability requirements

3 contained in such act •••••••••••••••••••••••••••••••••••••••• 5,006,000

4 ==============

5 S 14. The several amounts specified in this section, or so much there- 6 of as shall be sufficient to accomplish the purposes designated, are 7 hereby appropriated and authorized to be paid as hereinafter provided, 8 to the respective public officers and for the several purposes spec i- 9 fi.ed, which amounts shali be available for the state fiscal year begin-

10 ning April 1, 2010.

11 DEPARTMENT OF MENTAL HYGIENE

12 OFFICE OF MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES

13 COMMUNITY SERVICES PROGRAM •••••••••••••••••••••••••••••••.•. 34,200, 000

14· --------------

15 General Fund / Aid to Localities

16 Local Assistance Account - 001

17 For services and expenses related to the

18 provision of individual support services ••••• 2,000,000

.19 For services and expenses related to the

20 provision of family support services to

21 22

the developmentally disabled

5,20.0,0.00.

06/04/10

99

1 Program account subtotal .••••••.•...••••••. 7,200,000

2 --------------

3 Special Revenue Funds - Other / Aid to Localities

4 Miscellaneous Special Revenue Fund - 339

5 Mental Hygiene Patient Income Account

6 For services and expenses related to the 7 provision of services to the develop-

8 9

mentally disabled

2,000,000

10 Program account subtotal •••••..•..••••••••. 2,000,000

11 --------------

12 Special Revenue Funds - Other / Aid to Localities

13 Miscellaneous Special Revenue Fund - 339

14 OMRDD - Provider of Service Account

15 For services and expenses related to mental

16 retardation and developmental disabilities

17 services associated with the New York

18 state options for people through services

19 (NYS-OPTS) initiative, in accordance with

20 a programmatic and fiscal plan to be

21 approved by. the director of the budget.

22 Notwithstanding any provision of law to the

23 contrary, the director of the budget is

24 authorized to make suballocations from

12268-02-0

06/04/10

100

12268-02-0

1 this appropriation to the department of

2 health medical assistance program.

3 Notwithstanding any other provision of law,

4

the money hereby appropriated may

be

5 transferred to state operations and/or any

6 appropriation of the office of mental

7 retardation and developmental disabili-

8 ties, with the approval of the director of

9 the budget who shall file such approval

10· with the department of audit and control 11 ~nd copies thereof with the chairman of

12

the senate finance committee and

the

13 chairman of the assembly ways and means

14 committee.

15 Notwithstanding any provision of law to the

16 contrary, the moneys· hereby appropriated,

17 or so much thereof as may be necessary,

18 are to be available for the purposes here-

19 in specified for obligations heretofore

20 accrued or hereafter to accrue •••••••••••••• 25,000,000

21

22 Program account subtotal •••••••••••••••••• 25,000,000

23

24 SIS. The amount specified in this section, or so much thereof as 25 shall be sUfficient.to accomplish the purpose designated, is hereby 26 appropriated and authorized to be paid as hereinafter provided, to the

Sign up to vote on this title
UsefulNot useful