S 3007: Enacts into law major components of legislation necessary to implement the state health and mental hygiene budget for the 2025-2026 state fiscal year; requires the commissioner of health to provide a quarterly report on known and expected department of health state funds Medicaid expenditures through state fiscal year 2026-2027 (Part A); extends the effectiveness of various provisions relating to social services and healthcare including medical reimbursement and welfare reform (Part B); relates to supplemental hospital payments (Part D); shifts long-term nursing home stays from managed care to fee for service; authorizes penalties for managed care plans that do not meet contractual obligations (Part E); requires a health plan to pay the MCO provider tax for each calendar year; requires every health plan subject to the approved MCO provider tax to submit reports; imposes penalties for failure to submit such timely payments; grants the commissioner of health audit powers; relates to the healthcare stability fund; relates to Medicaid payment increases for certain medical services; makes certain Medicaid payment increases contingent upon the availability of funds within the healthcare stability fund (Part F); relates to insurance coverage for medical malpractice paid for by funds from the hospital excess liability pool; extends portions of the New York Health Care Reform Act of 1996 (Part G); eliminates the fees paid by funeral directors for permits for burials and removals which are used to support the electronic death registration system; repeals certain provisions of such law relating thereto (Part I); relates to extending the time for awards to be granted to applications for the statewide health care facility transformation III program (Part J); requires general hospitals to report community benefit spending by July 1 of each calendar year (Part M); requires hospitals to provide stabilizing care to pregnant individuals; defines terms; repeals provisions relating to required protocols for fetal demise (Part P); relates to improving access to and increasing coverage for infertility treatments (Part Q); requires hospitals to have sexual assault forensic examiners (Part T); extends the provisions relating to preferred sources for entities that provide employment to certain persons (Part Z); extends certain provisions relating to clarifying the authority of the commissioners in the department of mental hygiene to design and implement time-limited demonstration programs to 03/31/2028 (Part AA); extends the effectiveness of certain provisions relating to the appointment of temporary operators for the continued operation of programs and the provision of services for persons with serious mental illness and/or developmental disabilities and/or chemical dependence (Part BB); extends certain provisions relating to services for individuals with developmental disabilities (Part CC); amends the definition of minor to exclude certain homeless youth for purposes of allowing such homeless youth to consent to certain medical, dental, health and hospital services, including behavioral health services (Part DD); relates to involuntary admission and assisted outpatient treatment; establishes the behavioral health crisis technical assistance center; relates to required training and maintaining of records relating to persons dealing with mental health and substance use crises (Part EE); provides that director of the budget, the commissioners of the office of mental health, office for people with developmental disabilities, office of addiction services and supports, office of temporary and disability assistance, office of children and family services, and the state office for the aging shall establish a state fiscal year 2025-2026 targeted inflationary increase, effective April 1, 2025, for projecting for the effects of inflation upon rates of payments, contracts, or any other form of reimbursement for the programs and services (Part FF); relates to the composition and work of mental health incident review panels (Part GG); provides that school-based health centers shall not be provided to medical assistance recipients through managed care programs until at least April 1, 2026 (Part HH); requires any New York subdivision that directly received funds pursuant to a statewide opioid settlement agreement to publicly post on their website information regarding how such funding was utilized and submit such information to the office of addiction services and supports (Part II); relates to clarifying which entities handle the reporting of pregnancy loss; and the responsibilities of health care providers and penalties for not protecting the identities of individuals who suffered a pregnancy loss (Part JJ); extends the authorization for certain fees and charges related to emergency medical services (Part KK); relates to the modernization and revitalization of the Nassau health care corporation (Part LL); extends certain provisions relating to the NYS medical indemnity fund (Part MM).

  
  STATE OF NEW YORK ________________________________________________________________________ S. 3007 A. 3007  SENATE - ASSEMBLY January 22, 2025 ___________ IN SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti- cle seven of the Constitution -- read twice and ordered printed, and when printed to be committed to the Committee on Finance IN ASSEMBLY -- A BUDGET BILL, submitted by the Governor pursuant to article seven of the Constitution -- read once and referred to the Committee on Ways and Means AN ACT to amend part H of chapter 59 of the laws of 2011, amending the public health law and other laws relating to general hospital reimbursement for annual rates, in relation to known and projected department of health state fund medicaid expenditures (Part A); to amend part B of chapter 57 of the laws of 2015, amending the social services law and other laws relating to supplemental rebates, in relation to extending the expiration thereof; to amend chapter 942 of the laws of 1983 and chapter 541 of the laws of 1984 relating to foster family care demonstration programs, in relation to extending the expirations thereof; to amend chapter 256 of the laws of 1985, amending the social services law and other laws relating to foster family care demonstration programs, in relation to extending the expi- ration thereof; to amend the social services law, in relation to extending provisions relating to health and mental hygiene; to amend part C of chapter 58 of the laws of 2009, amending the public health law relating to payment by governmental agencies for general hospital inpatient services, in relation to the effectiveness thereof; to amend chapter 474 of the laws of 1996, amending the education law and other laws relating to rates for residential healthcare facilities, in relation to the effectiveness thereof; to amend section 2 of chapter 137 of the laws of 2023, amending the public health law relating to establishing a community-based paramedicine demonstration program, in relation to extending the effectiveness thereof; to amend chapter 81 of the laws of 1995, amending the public health law and other laws relating to medical reimbursement and welfare reform, in relation to extending the effectiveness of certain provisions thereof; to amend part FFF of chapter 59 of the laws of 2018, amending the public health law relating to authorizing the commissioner of health to redeploy excess reserves of certain not-for-profit managed care organizations, in relation to the effectiveness thereof; to amend chapter 451 of the EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD12571-01-5 
 S. 3007 2 A. 3007 laws of 2007, amending the public health law, the social services law and the insurance law relating to providing enhanced consumer and provider protections, in relation to the effectiveness of certain provisions relating to contracts between plans, insurers, or corpo- rations and hospitals; to amend the public health law, in relation to reimbursement rate promulgation for residential health care facili- ties, and in relation to certified home health agency services payments; to amend part C of chapter 60 of the laws of 2014, amending the social services law relating to fair hearings within the Fully Integrated Duals Advantage program, in relation to the effectiveness thereof; to amend chapter 884 of the laws of 1990, amending the public health law relating to authorizing bad debt and charity care allow- ances for certified home health agencies, in relation to extending the provisions thereof; to amend chapter 81 of the laws of 1995, amending the public health law and other laws relating to medical reimbursement and welfare reform, in relation to the effectiveness of certain provisions thereof; to amend part A of chapter 56 of the laws of 2013, amending chapter 59 of the laws of 2011 amending the public health law and other laws relating to general hospital reimbursement for annual rates, in relation to extending government rates for behavioral services; to amend the public health law, in relation to gross receipts for general hospital assessments; to amend part MM of chapter 57 of the laws of 2021 amending the public health law relating to aiding in the transition to adulthood for children with medical fragility living in pediatric nursing homes and other settings, in relation to the effectiveness thereof; to amend chapter 633 of the laws of 2006, amending the public health law relating to the home based primary care for the elderly demonstration project, in relation to the effectiveness thereof; to amend chapter 19 of the laws of 1998, amending the social services law relating to limiting the method of payment for prescription drugs under the medical assistance program, in relation to the effectiveness thereof; to amend part BBB of chapter 56 of the laws of 2022, amending the public health law and other laws relating to permitting the commissioner of health to submit a waiver that expands eligibility for New York's basic health program and increases the federal poverty limit cap for basic health program eligibility from two hundred to two hundred fifty percent, in relation to extending certain provisions related to providing long-term services and supports under the essential plan; to amend the social services law, in relation to which contracts stay in force after September 30, 2025; and to amend part MM of chapter 56 of the laws of 2020 directing the department of health to establish or procure the services of an independent panel of clinical professionals and to develop and implement a uniform task-based assessment tool, in relation to which contracts stay in force after September 30, 2025 (Part B); to amend the public health law, in relation to prescriber prevails; and to repeal certain provisions of the social services law relating to coverage for certain prescription drugs (Part C); to amend the public health law, in relation to reducing the hospital capital rate add-on (Part D); to amend the financial services law, in relation to excluding managed care plans from the independent resolution proc- ess; and to amend the social services law, in relation to shifting long-term nursing home stays from managed care to fee for service, and authorizing penalties for managed care plans that do not meet contrac- tual obligations (Part E); to amend the public health law, in relation to establishing a tax on managed care providers; to amend the state 
 S. 3007 3 A. 3007 finance law, in relation to the healthcare stability fund; and to amend part I of chapter 57 of the laws of 2022 providing a one percent across the board payment increase to all qualifying fee-for-service Medicaid rates, in relation to certain Medicaid payments made for certain medical services (Part F); to amend chapter 266 of the laws of 1986 amending the civil practice law and rules and other laws relating to malpractice and professional medical conduct, in relation to insur- ance coverage paid for by funds from the hospital excess liability pool and extending the effectiveness of certain provisions thereof; to amend part J of chapter 63 of the laws of 2001 amending chapter 266 of the laws of 1986 amending the civil practice law and rules and other laws relating to malpractice and professional medical conduct, in relation to extending certain provisions concerning the hospital excess liability pool; and to amend part H of chapter 57 of the laws of 2017 amending the New York Health Care Reform Act of 1996 and other laws relating to extending certain provisions relating thereto, in relation to extending provisions relating to excess coverage (Part G); to repeal section 461-s of the social services law relating to enhanc- ing the quality of adult living; to repeal paragraph (c) of subdivi- sion 1 of section 461-b of the social services law, relating to enriched housing programs; to amend the public health law and the state finance law, in relation to the discontinuation of the empire clinical research investigator program; and to repeal article 27-H of the public health law relating to the tick-borne disease institute (Part H); to amend the public health law, in relation to eliminating the fees paid by funeral directors for permits for burials and removals which are used to support the electronic death registration system; and to repeal certain provisions of such law relating thereto (Part I); to amend the public health law, in relation to the due date for awards applied for under the statewide health care facility trans- formation III program (Part J); to amend the public health law, in relation to appointing a temporary operator for general hospitals, diagnostic and treatment centers, and adult care facilities (Part K); to amend the public health law, in relation to removing the require- ment that consent for the payment of certain medical services must occur after such services are administered (Part L); to amend the public health law, in relation to requiring general hospitals to report community benefit spending (Part M); to amend the public health law, in relation to expanding the purposes of the spinal cord injury research board (Part N); to amend the public health law, in relation to updating controlled substance schedules to conform with those of the federal drug enforcement administration and updating the term "addict" to "person with a substance use disorder" (Part O); to amend the public health law, in relation to emergency medical treatment protocols for maternity patients; and to amend the education law, in relation to labeling of abortion medications (Part P); to amend the social services law and the public health law, in relation to estab- lishing increased coverage of care as well as availability of care for infertility treatments; and to repeal section 4 of part K of chapter 82 of the laws of 2002 amending the insurance law and the public health law relating to coverage for the diagnosis and treatment of infertility, relating to the establishment of a program to provide grants to health care providers for improving access to infertility services (Part Q); to amend the public health law and the general municipal law, in relation to requiring the development of a statewide comprehensive emergency medical system plan and county EMS plans, and 
 S. 3007 4 A. 3007 declaring EMS an essential service (Part R); to amend the public health law, in relation to strengthening material transactions report- ing requirements (Part S); to amend the public health law, in relation to requiring hospitals to maintain sexual assault forensic examiners at their facilities (Part T); to amend the public health law, in relation to eliminating administrative barriers to, and offset actual costs of, timely fulfillment of vital records requests; and to repeal certain provisions of such law relating thereto (Part U); to amend the education law and the public health law, in relation to the scope of practice of certified nurse aides; and providing for the repeal of such provisions upon the expiration thereof (Subpart A); to amend the education law and the public health law, in relation to the scope and practice of medical assistants (Subpart B); to amend the education law, in relation to the administration of certain immunizations by pharmacists and pharmacy technicians (Subpart C); to amend the educa- tion law, in relation to authorizing a licensed pharmacist to prescribe and order medications to treat nicotine dependence for smok- ing cessation (Subpart D); to repeal certain articles of the education law governing certain healthcare professions and adding such laws to the public health law and transferring all functions, powers, duties, obligations and appropriations relating thereto (Subpart E); and to amend the education law and the public health law, in relation to physician assistants (Subpart F) (Part V); to amend the education law, in relation to enacting the nurse licensure compact (Part W); to amend the education law, in relation to the scope of practice of dental hygienists (Part X); to amend the public health law, in relation to extending hospital services outside the facility and into patients' residences (Part Y); to amend chapter 565 of the laws of 2022 amending the state finance law relating to preferred source status for entities that provide employment to certain persons, in relation to the effec- tiveness thereof (Part Z); to amend part NN of chapter 58 of the laws of 2015, amending the mental hygiene law relating to clarifying the authority of the commissioners in the department of mental hygiene to design and implement time-limited demonstration programs, in relation to the effectiveness thereof (Part AA); to amend part L of chapter 59 of the laws of 2016, amending the mental hygiene law relating to the appointment of temporary operators for the continued operation of programs and the provision of services for persons with serious mental illness and/or developmental disabilities and/or chemical depend- ence, in relation to the effectiveness thereof (Part BB); to amend part A of chapter 56 of the laws of 2013, amending the social services law and other laws relating to enacting the major components of legis- lation necessary to implement the health and mental hygiene budget for the 2013-2014 state fiscal year, in relation to the effectiveness of certain provisions thereof (Part CC); to amend the mental hygiene law and the public health law, in relation to adding homeless youth to the definition of minors for the purpose of consent for certain treatment (Part DD); to amend the mental hygiene law, in relation to involuntary admission and assisted outpatient treatment (Part EE); and in relation to establishing a targeted inflationary increase for designated programs (Part FF) The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 
 S. 3007 5 A. 3007 1 Section 1. This act enacts into law major components of legislation 2 necessary to implement the state health and mental hygiene budget for 3 the 2025-2026 state fiscal year. Each component is wholly contained 4 within a Part identified as Parts A through FF. The effective date for 5 each particular provision contained within such Part is set forth in the 6 last section of such Part. Any provision in any section contained within 7 a Part, including the effective date of the Part, which makes a refer- 8 ence to a section "of this act", when used in connection with that 9 particular component, shall be deemed to mean and refer to the corre- 10 sponding section of the Part in which it is found. Section three of this 11 act sets forth the general effective date of this act. 12 PART A 13 Section 1. Paragraph (a) of subdivision 1 of section 92 of part H of 14 chapter 59 of the laws of 2011, amending the public health law and other 15 laws relating to general hospital reimbursement for annual rates, as 16 amended by section 1 of part A of chapter 57 of the laws of 2024, is 17 amended to read as follows: 18 (a) For state fiscal years 2011-12 through [2025-26] 2026-27, the 19 director of the budget, in consultation with the commissioner of health 20 referenced as "commissioner" for purposes of this section, shall assess 21 on a quarterly basis, as reflected in quarterly reports pursuant to 22 subdivision five of this section known and projected department of 23 health state funds medicaid expenditures by category of service and by 24 geographic regions, as defined by the commissioner. 25 § 2. This act shall take effect immediately and shall be deemed to 26 have been in full force and effect on and after April 1, 2025. 27 PART B 28 Section 1. Subdivision 1-a of section 60 of part B of chapter 57 of 29 the laws of 2015, amending the social services law and other laws relat- 30 ing to supplemental rebates, as amended by section 10 of part BB of 31 chapter 56 of the laws of 2020, is amended to read as follows: 32 1-a. section fifty-two of this act shall expire and be deemed repealed 33 March 31, [2025] 2030; 34 § 2. Section 3 of chapter 942 of the laws of 1983, relating to foster 35 family care demonstration programs, as amended by chapter 264 of the 36 laws of 2021, is amended to read as follows: 37 § 3. This act shall take effect immediately and shall expire December 38 31, [2025] 2027. 39 § 3. Section 3 of chapter 541 of the laws of 1984, relating to foster 40 family care demonstration programs, as amended by chapter 264 of the 41 laws of 2021, is amended to read as follows: 42 § 3. This section and subdivision two of section two of this act shall 43 take effect immediately and the remaining provisions of this act shall 44 take effect on the one hundred twentieth day next thereafter. This act 45 shall expire December 31, [2025] 2027. 46 § 4. Section 6 of chapter 256 of the laws of 1985, amending the social 47 services law and other laws relating to foster family care demonstration 48 programs, as amended by chapter 264 of the laws of 2021, is amended to 49 read as follows: 50 § 6. This act shall take effect immediately and shall expire December 51 31, [2025] 2027 and upon such date the provisions of this act shall be 52 deemed to be repealed. 
 S. 3007 6 A. 3007 1 § 5. The opening paragraph of paragraph (m) of subdivision 3 of 2 section 461-l of the social services law, as amended by section 1 of 3 part CC of chapter 57 of the laws of 2022, is amended to read as 4 follows: 5 Beginning April first, two thousand [twenty-five] twenty-six, addi- 6 tional assisted living program beds shall be approved on a case by case 7 basis whenever the commissioner of health is satisfied that public need 8 exists at the time and place and under circumstances proposed by the 9 applicant. 10 § 6. Subdivision (f) of section 129 of part C of chapter 58 of the 11 laws of 2009, amending the public health law relating to payment by 12 governmental agencies for general hospital inpatient services, as 13 amended by section 2 of part CC of chapter 57 of the laws of 2022, is 14 amended to read as follows: 15 (f) section twenty-five of this act shall expire and be deemed 16 repealed April 1, [2025] 2028; 17 § 7. Paragraph (a) of subdivision 1 of section 212 of chapter 474 of 18 the laws of 1996, amending the education law and other laws relating to 19 rates for residential healthcare facilities, as amended by section 4 of 20 part CC of chapter 57 of the laws of 2022, is amended to read as 21 follows: 22 (a) Notwithstanding any inconsistent provision of law or regulation to 23 the contrary, effective beginning August 1, 1996, for the period April 24 1, 1997 through March 31, 1998, April 1, 1998 for the period April 1, 25 1998 through March 31, 1999, August 1, 1999, for the period April 1, 26 1999 through March 31, 2000, April 1, 2000, for the period April 1, 2000 27 through March 31, 2001, April 1, 2001, for the period April 1, 2001 28 through March 31, 2002, April 1, 2002, for the period April 1, 2002 29 through March 31, 2003, and for the state fiscal year beginning April 1, 30 2005 through March 31, 2006, and for the state fiscal year beginning 31 April 1, 2006 through March 31, 2007, and for the state fiscal year 32 beginning April 1, 2007 through March 31, 2008, and for the state fiscal 33 year beginning April 1, 2008 through March 31, 2009, and for the state 34 fiscal year beginning April 1, 2009 through March 31, 2010, and for the 35 state fiscal year beginning April 1, 2010 through March 31, 2016, and 36 for the state fiscal year beginning April 1, 2016 through March 31, 37 2019, and for the state fiscal year beginning April 1, 2019 through 38 March 31, 2022, and for the state fiscal year beginning April 1, 2022 39 through March 31, 2025, and for the state fiscal year beginning April 1, 40 2025 through March 31, 2028, the department of health is authorized to 41 pay public general hospitals, as defined in subdivision 10 of section 42 2801 of the public health law, operated by the state of New York or by 43 the state university of New York or by a county, which shall not include 44 a city with a population of over one million, of the state of New York, 45 and those public general hospitals located in the county of Westchester, 46 the county of Erie or the county of Nassau, additional payments for 47 inpatient hospital services as medical assistance payments pursuant to 48 title 11 of article 5 of the social services law for patients eligible 49 for federal financial participation under title XIX of the federal 50 social security act in medical assistance pursuant to the federal laws 51 and regulations governing disproportionate share payments to hospitals 52 up to one hundred percent of each such public general hospital's medical 53 assistance and uninsured patient losses after all other medical assist- 54 ance, including disproportionate share payments to such public general 55 hospital for 1996, 1997, 1998, and 1999, based initially for 1996 on 56 reported 1994 reconciled data as further reconciled to actual reported 
 S. 3007 7 A. 3007 1 1996 reconciled data, and for 1997 based initially on reported 1995 2 reconciled data as further reconciled to actual reported 1997 reconciled 3 data, for 1998 based initially on reported 1995 reconciled data as 4 further reconciled to actual reported 1998 reconciled data, for 1999 5 based initially on reported 1995 reconciled data as further reconciled 6 to actual reported 1999 reconciled data, for 2000 based initially on 7 reported 1995 reconciled data as further reconciled to actual reported 8 2000 data, for 2001 based initially on reported 1995 reconciled data as 9 further reconciled to actual reported 2001 data, for 2002 based initial- 10 ly on reported 2000 reconciled data as further reconciled to actual 11 reported 2002 data, and for state fiscal years beginning on April 1, 12 2005, based initially on reported 2000 reconciled data as further recon- 13 ciled to actual reported data for 2005, and for state fiscal years 14 beginning on April 1, 2006, based initially on reported 2000 reconciled 15 data as further reconciled to actual reported data for 2006, for state 16 fiscal years beginning on and after April 1, 2007 through March 31, 17 2009, based initially on reported 2000 reconciled data as further recon- 18 ciled to actual reported data for 2007 and 2008, respectively, for state 19 fiscal years beginning on and after April 1, 2009, based initially on 20 reported 2007 reconciled data, adjusted for authorized Medicaid rate 21 changes applicable to the state fiscal year, and as further reconciled 22 to actual reported data for 2009, for state fiscal years beginning on 23 and after April 1, 2010, based initially on reported reconciled data 24 from the base year two years prior to the payment year, adjusted for 25 authorized Medicaid rate changes applicable to the state fiscal year, 26 and further reconciled to actual reported data from such payment year, 27 and to actual reported data for each respective succeeding year. The 28 payments may be added to rates of payment or made as aggregate payments 29 to an eligible public general hospital. 30 § 8. Section 2 of chapter 137 of the laws of 2023, amending the public 31 health law relating to establishing a community-based paramedicine 32 demonstration program, is amended to read as follows: 33 § 2. This act shall take effect immediately and shall expire and be 34 deemed repealed [2] 4 years after such date; provided, however, that if 35 this act shall have become a law on or after May 22, 2023 this act shall 36 take effect immediately and shall be deemed to have been in full force 37 and effect on and after May 22, 2023. 38 § 9. Subdivision 12 of section 246 of chapter 81 of the laws of 1995, 39 amending the public health law and other laws relating to medical 40 reimbursement and welfare reform, as amended by chapter 161 of the laws 41 of 2023, is amended to read as follows: 42 12. Sections one hundred five-b through one hundred five-f of this act 43 shall expire June 30, [2025] 2027. 44 § 10. Section 2 of subpart B of part FFF of chapter 59 of the laws of 45 2018, amending the public health law relating to authorizing the commis- 46 sioner of health to redeploy excess reserves of certain not-for-profit 47 managed care organizations, as amended by chapter 197 of the laws of 48 2023, is amended to read as follows: 49 § 2. This act shall take effect August 1, 2018 and shall expire and be 50 deemed repealed August 1, [2025] 2027, but, shall not apply to any enti- 51 ty or any subsidiary or affiliate of such entity that disposes of all or 52 a material portion of its assets pursuant to a transaction that: (1) was 53 the subject of a request for regulatory approval first made to the 54 commissioner of health between January 1, 2017, and December 31, 2017; 55 and (2) receives regulatory approval from the commissioner of health 56 prior to July 31, 2018. 
 S. 3007 8 A. 3007 1 § 11. Subdivision 1 of section 20 of chapter 451 of the laws of 2007, 2 amending the public health law, the social services law and the insur- 3 ance law relating to providing enhanced consumer and provider 4 protections, as amended by section 1 of part B of chapter 57 of the laws 5 of 2023, is amended to read as follows: 6 1. sections four, eleven and thirteen of this act shall take effect 7 immediately and shall expire and be deemed repealed June 30, [2025] 8 2027; 9 § 12. Paragraph (b) of subdivision 17 of section 2808 of the public 10 health law, as amended by section 12 of part B of chapter 57 of the laws 11 of 2023, is amended to read as follows: 12 (b) Notwithstanding any inconsistent provision of law or regulation to 13 the contrary, for the state fiscal years beginning April first, two 14 thousand ten [and ending March thirty-first, two thousand twenty-five], 15 the commissioner shall not be required to revise certified rates of 16 payment established pursuant to this article [for rate periods prior to 17 April first, two thousand twenty-five], based on consideration of rate 18 appeals filed by residential health care facilities or based upon 19 adjustments to capital cost reimbursement as a result of approval by the 20 commissioner of an application for construction under section twenty- 21 eight hundred two of this article, in excess of an aggregate annual 22 amount of eighty million dollars for each such state fiscal year 23 provided, however, that for the period April first, two thousand eleven 24 through March thirty-first, two thousand twelve such aggregate annual 25 amount shall be fifty million dollars. In revising such rates within 26 such fiscal limit, the commissioner shall, in prioritizing such rate 27 appeals, include consideration of which facilities the commissioner 28 determines are facing significant financial hardship as well as such 29 other considerations as the commissioner deems appropriate and, further, 30 the commissioner is authorized to enter into agreements with such facil- 31 ities or any other facility to resolve multiple pending rate appeals 32 based upon a negotiated aggregate amount and may offset such negotiated 33 aggregate amounts against any amounts owed by the facility to the 34 department, including, but not limited to, amounts owed pursuant to 35 section twenty-eight hundred seven-d of this article; provided, however, 36 that the commissioner's authority to negotiate such agreements resolving 37 multiple pending rate appeals as hereinbefore described shall continue 38 [on and after April first, two thousand twenty-five]. Rate adjustments 39 made pursuant to this paragraph remain fully subject to approval by the 40 director of the budget in accordance with the provisions of subdivision 41 two of section twenty-eight hundred seven of this article. 42 § 13. Paragraph (a) of subdivision 13 of section 3614 of the public 43 health law, as amended by section 13 of part B of chapter 57 of the laws 44 of 2023, is amended to read as follows: 45 (a) Notwithstanding any inconsistent provision of law or regulation 46 and subject to the availability of federal financial participation, 47 effective April first, two thousand twelve [through March thirty-first, 48 two thousand twenty-five] and thereafter, payments by government agen- 49 cies for services provided by certified home health agencies, except for 50 such services provided to children under eighteen years of age and other 51 discreet groups as may be determined by the commissioner pursuant to 52 regulations, shall be based on episodic payments. In establishing such 53 payments, a statewide base price shall be established for each sixty day 54 episode of care and adjusted by a regional wage index factor and an 55 individual patient case mix index. Such episodic payments may be further 56 adjusted for low utilization cases and to reflect a percentage limita- 
 S. 3007 9 A. 3007 1 tion of the cost for high-utilization cases that exceed outlier thresh- 2 olds of such payments. 3 § 14. Subdivision 4-a of section 71 of part C of chapter 60 of the 4 laws of 2014, amending the social services law relating to fair hearings 5 within the Fully Integrated Duals Advantage program, as amended by 6 section 27 of part B of chapter 57 of the laws of 2023, is amended to 7 read as follows: 8 4-a. section twenty-two of this act shall take effect April 1, 2014, 9 and shall be deemed expired January 1, [2026] 2028; 10 § 15. Section 11 of chapter 884 of the laws of 1990, amending the 11 public health law relating to authorizing bad debt and charity care 12 allowances for certified home health agencies, as amended by section 29 13 of part B of chapter 57 of the laws of 2023, is amended to read as 14 follows: 15 § 11. This act shall take effect immediately and: 16 (a) sections one and three shall expire on December 31, 1996, and 17 (b) [sections four through ten shall expire on June 30, 2025, and 18 (c)] provided that the amendment to section 2807-b of the public 19 health law by section two of this act shall not affect the expiration of 20 such section 2807-b as otherwise provided by law and shall be deemed to 21 expire therewith. 22 § 16. Subdivision 5-a of section 246 of chapter 81 of the laws of 23 1995, amending the public health law and other laws relating to medical 24 reimbursement and welfare reform, as amended by section 30 of part B of 25 chapter 57 of the laws of 2023, is amended to read as follows: 26 5-a. Section sixty-four-a of this act shall be deemed to have been in 27 full force and effect on and after April 1, 1995 through March 31, 1999 28 and on and after July 1, 1999 through March 31, 2000 and on and after 29 April 1, 2000 through March 31, 2003 and on and after April 1, 2003 30 through March 31, 2007, and on and after April 1, 2007 through March 31, 31 2009, and on and after April 1, 2009 through March 31, 2011, and on and 32 after April 1, 2011 through March 31, 2013, and on and after April 1, 33 2013 through March 31, 2015, and on and after April 1, 2015 through 34 March 31, 2017 and on and after April 1, 2017 through March 31, 2019, 35 and on and after April 1, 2019 through March 31, 2021, and on and after 36 April 1, 2021 through March 31, 2023, and on and after April 1, 2023 37 through March 31, 2025, and thereafter; 38 § 17. Section 64-b of chapter 81 of the laws of 1995, amending the 39 public health law and other laws relating to medical reimbursement and 40 welfare reform, as amended by section 31 of part B of chapter 57 of the 41 laws of 2023, is amended to read as follows: 42 § 64-b. Notwithstanding any inconsistent provision of law, the 43 provisions of subdivision 7 of section 3614 of the public health law, as 44 amended, shall remain and be in full force and effect on April 1, 1995 45 through March 31, 1999 and on July 1, 1999 through March 31, 2000 and on 46 and after April 1, 2000 through March 31, 2003 and on and after April 1, 47 2003 through March 31, 2007, and on and after April 1, 2007 through 48 March 31, 2009, and on and after April 1, 2009 through March 31, 2011, 49 and on and after April 1, 2011 through March 31, 2013, and on and after 50 April 1, 2013 through March 31, 2015, and on and after April 1, 2015 51 through March 31, 2017 and on and after April 1, 2017 through March 31, 52 2019, and on and after April 1, 2019 through March 31, 2021, and on and 53 after April 1, 2021 through March 31, 2023, and on and after April 1, 54 2023 through March 31, 2025, and thereafter. 55 § 18. Section 4-a of part A of chapter 56 of the laws of 2013, amend- 56 ing chapter 59 of the laws of 2011 amending the public health law and 
 S. 3007 10 A. 3007 1 other laws relating to general hospital reimbursement for annual rates, 2 as amended by section 32 of part B of chapter 57 of the laws of 2023, is 3 amended to read as follows: 4 § 4-a. Notwithstanding paragraph (c) of subdivision 10 of section 5 2807-c of the public health law, section 21 of chapter 1 of the laws of 6 1999, or any other contrary provision of law, in determining rates of 7 payments by state governmental agencies effective for services provided 8 on and after January 1, 2017 [through March 31, 2025] and thereafter, 9 for inpatient and outpatient services provided by general hospitals, for 10 inpatient services and adult day health care outpatient services 11 provided by residential health care facilities pursuant to article 28 of 12 the public health law, except for residential health care facilities or 13 units of such facilities providing services primarily to children under 14 twenty-one years of age, for home health care services provided pursuant 15 to article 36 of the public health law by certified home health agen- 16 cies, long term home health care programs and AIDS home care programs, 17 and for personal care services provided pursuant to section 365-a of the 18 social services law, the commissioner of health shall apply no greater 19 than zero trend factors attributable to the 2017, 2018, 2019, 2020, 20 2021, 2022, 2023, 2024 and 2025 calendar years and thereafter in accord- 21 ance with paragraph (c) of subdivision 10 of section 2807-c of the 22 public health law, provided, however, that such no greater than zero 23 trend factors attributable to such 2017, 2018, 2019, 2020, 2021, 2022, 24 2023, 2024 and 2025 calendar years and thereafter shall also be applied 25 to rates of payment provided on and after January 1, 2017 [through March 26 31, 2025] and thereafter for personal care services provided in those 27 local social services districts, including New York city, whose rates of 28 payment for such services are established by such local social services 29 districts pursuant to a rate-setting exemption issued by the commission- 30 er of health to such local social services districts in accordance with 31 applicable regulations; and provided further, however, that for rates of 32 payment for assisted living program services provided on and after Janu- 33 ary 1, 2017 [through March 31, 2025] and thereafter, such trend factors 34 attributable to the 2017, 2018, 2019, 2020, 2021, 2022, 2023, 2024 and 35 2025 calendar years and thereafter shall be established at no greater 36 than zero percent. 37 § 19. Subdivision 2 of section 246 of chapter 81 of the laws of 1995, 38 amending the public health law and other laws relating to medical 39 reimbursement and welfare reform, as amended by section 33 of part B of 40 chapter 57 of the laws of 2023, is amended to read as follows: 41 2. Sections five, seven through nine, twelve through fourteen, and 42 eighteen of this act shall be deemed to have been in full force and 43 effect on and after April 1, 1995 through March 31, 1999 and on and 44 after July 1, 1999 through March 31, 2000 and on and after April 1, 2000 45 through March 31, 2003 and on and after April 1, 2003 through March 31, 46 2006 and on and after April 1, 2006 through March 31, 2007 and on and 47 after April 1, 2007 through March 31, 2009 and on and after April 1, 48 2009 through March 31, 2011 and sections twelve, thirteen and fourteen 49 of this act shall be deemed to be in full force and effect on and after 50 April 1, 2011 through March 31, 2015 and on and after April 1, 2015 51 through March 31, 2017 and on and after April 1, 2017 through March 31, 52 2019, and on and after April 1, 2019 through March 31, 2021, and on and 53 after April 1, 2021 through March 31, 2023, and on and after April 1, 54 2023 through March 31, 2025, and thereafter; 
 S. 3007 11 A. 3007 1 § 20. Subparagraph (vi) of paragraph (b) of subdivision 2 of section 2 2807-d of the public health law, as amended by section 34 of part B of 3 chapter 57 of the laws of 2023, is amended to read as follows: 4 (vi) Notwithstanding any contrary provision of this paragraph or any 5 other provision of law or regulation to the contrary, for residential 6 health care facilities the assessment shall be six percent of each resi- 7 dential health care facility's gross receipts received from all patient 8 care services and other operating income on a cash basis for the period 9 April first, two thousand two through March thirty-first, two thousand 10 three for hospital or health-related services, including adult day 11 services; provided, however, that residential health care facilities' 12 gross receipts attributable to payments received pursuant to title XVIII 13 of the federal social security act (medicare) shall be excluded from the 14 assessment; provided, however, that for all such gross receipts received 15 on or after April first, two thousand three through March thirty-first, 16 two thousand five, such assessment shall be five percent, and further 17 provided that for all such gross receipts received on or after April 18 first, two thousand five through March thirty-first, two thousand nine, 19 and on or after April first, two thousand nine through March thirty- 20 first, two thousand eleven such assessment shall be six percent, and 21 further provided that for all such gross receipts received on or after 22 April first, two thousand eleven through March thirty-first, two thou- 23 sand thirteen such assessment shall be six percent, and further provided 24 that for all such gross receipts received on or after April first, two 25 thousand thirteen through March thirty-first, two thousand fifteen such 26 assessment shall be six percent, and further provided that for all such 27 gross receipts received on or after April first, two thousand fifteen 28 through March thirty-first, two thousand seventeen such assessment shall 29 be six percent, and further provided that for all such gross receipts 30 received on or after April first, two thousand seventeen through March 31 thirty-first, two thousand nineteen such assessment shall be six 32 percent, and further provided that for all such gross receipts received 33 on or after April first, two thousand nineteen through March thirty- 34 first, two thousand twenty-one such assessment shall be six percent, and 35 further provided that for all such gross receipts received on or after 36 April first, two thousand twenty-one through March thirty-first, two 37 thousand twenty-three such assessment shall be six percent, and further 38 provided that for all such gross receipts received on or after April 39 first, two thousand twenty-three through March thirty-first, two thou- 40 sand twenty-five such assessment shall be six percent, and further 41 provided that for all such gross receipts received on or after April 42 first, two thousand twenty-five through March thirty-first, two thousand 43 twenty-nine such assessment shall be six percent. 44 § 21. Section 3 of part MM of chapter 57 of the laws of 2021, amending 45 the public health law relating to aiding in the transition to adulthood 46 for children with medical fragility living in pediatric nursing homes 47 and other settings, as amended by section 35 of part B of chapter 57 of 48 the laws of 2023, is amended to read as follows: 49 § 3. This act shall take effect on the one hundred twentieth day after 50 it shall have become a law; provided however, that section one of this 51 act shall expire and be deemed repealed [four] six years after such 52 effective date; and provided further, that section two of this act shall 53 expire and be deemed repealed [five] seven years after such effective 54 date. 55 § 22. Section 2 of chapter 633 of the laws of 2006, amending the 56 public health law relating to the home based primary care for the elder- 
 S. 3007 12 A. 3007 1 ly demonstration project, as amended by section 1 of item OOO of subpart 2 B of part XXX of chapter 58 of the laws of 2020, is amended to read as 3 follows: 4 § 2. This act shall take effect immediately and shall expire and be 5 deemed repealed January 1, [2026] 2031. 6 § 23. Section 4 of chapter 19 of the laws of 1998, amending the social 7 services law relating to limiting the method of payment for prescription 8 drugs under the medical assistance program, as amended by section 14 of 9 part B of chapter 57 of the laws of 2023, is amended to read as follows: 10 § 4. This act shall take effect 120 days after it shall have become a 11 law [and shall expire and be deemed repealed March 31, 2025]. 12 § 24. Subdivisions (b) and (c) of section 8 of part BBB of chapter 56 13 of the laws of 2022, amending the public health law and other laws 14 relating to permitting the commissioner of health to submit a waiver 15 that expands eligibility for New York's basic health program and 16 increases the federal poverty limit cap for basic health program eligi- 17 bility from two hundred to two hundred fifty percent, as amended by 18 section 3 of part J of chapter 57 of the laws of 2024, are amended to 19 read as follows: 20 (b) section four of this act shall expire and be deemed repealed 21 December 31, [2025] 2030; provided, however, the amendments to paragraph 22 (c) of subdivision 1 of section 369-gg of the social services law made 23 by such section of this act shall be subject to the expiration and 24 reversion of such paragraph pursuant to section 2 of part H of chapter 25 57 of the laws of 2021 when upon such date, the provisions of section 26 five of this act shall take effect; provided, however, the amendments to 27 such paragraph made by section five of this act shall expire and be 28 deemed repealed December 31, [2025] 2030; 29 (c) section six of this act shall take effect January 1, [2026] 2031; 30 provided, however, the amendments to paragraph (c) of subdivision 1 of 31 section 369-gg of the social services law made by such section of this 32 act shall be subject to the expiration and reversion of such paragraph 33 pursuant to section 2 of part H of chapter 57 of the laws of 2021 when 34 upon such date, the provisions of section seven of this act shall take 35 effect; and 36 § 25. Subdivision 10 of section 365-a of the social services law, as 37 amended by section 1 of part QQ of chapter 57 of the laws of 2022, is 38 amended to read as follows: 39 10. The department of health shall establish or procure the services 40 of an independent assessor or assessors no later than October 1, 2022, 41 in a manner and schedule as determined by the commissioner of health, to 42 take over from local departments of social services, Medicaid Managed 43 Care providers, and Medicaid managed long term care plans performance of 44 assessments and reassessments required for determining individuals' 45 needs for personal care services, including as provided through the 46 consumer directed personal assistance program, and other services or 47 programs available pursuant to the state's medical assistance program as 48 determined by such commissioner for the purpose of improving efficiency, 49 quality, and reliability in assessment and to determine individuals' 50 eligibility for Medicaid managed long term care plans. Notwithstanding 51 the provisions of section one hundred sixty-three of the state finance 52 law, or sections one hundred forty-two and one hundred forty-three of 53 the economic development law, or any contrary provision of law, 54 contracts may be entered or the commissioner may amend and extend the 55 terms of a contract awarded prior to the effective date and entered into 56 to conduct enrollment broker and conflict-free evaluation services for 
 S. 3007 13 A. 3007 1 the Medicaid program, if such contract or contract amendment is for the 2 purpose of procuring such assessment services from an independent asses- 3 sor. Contracts entered into, amended, or extended pursuant to this 4 subdivision shall not remain in force beyond September 30, [2025] 2026. 5 § 26. Section 20 of part MM of chapter 56 of the laws of 2020, direct- 6 ing the department of health to establish or procure the services of an 7 independent panel of clinical professionals and to develop and implement 8 a uniform task-based assessment tool, as amended by section 3 of part QQ 9 of chapter 57 of the laws of 2022, is amended to read as follows: 10 § 20. The department of health shall establish or procure services of 11 an independent panel or panels of clinical professionals no later than 12 October 1, 2022, in a manner and schedule as determined by the commis- 13 sioner of health, to provide as appropriate independent physician or 14 other applicable clinician orders for personal care services, including 15 as provided through the consumer directed personal assistance program, 16 available pursuant to the state's medical assistance program and to 17 determine eligibility for the consumer directed personal assistance 18 program. Notwithstanding the provisions of section 163 of the state 19 finance law, or sections 142 and 143 of the economic development law, or 20 any contrary provision of law, contracts may be entered or the commis- 21 sioner of health may amend and extend the terms of a contract awarded 22 prior to the effective date and entered into to conduct enrollment 23 broker and conflict-free evaluation services for the Medicaid program, 24 if such contract or contract amendment is for the purpose of establish- 25 ing an independent panel or panels of clinical professionals as 26 described in this section. Contracts entered into, amended, or extended 27 pursuant to this section shall not remain in force beyond September 30, 28 [2025] 2026. 29 § 27. This act shall take effect immediately and shall be deemed to 30 have been in full force and effect on and after April 1, 2025. 31 PART C 32 Section 1. Paragraph (b) of subdivision 3 of section 273 of the public 33 health law, as added by section 10 of part C of chapter 58 of the laws 34 of 2005, is amended to read as follows: 35 (b) In the event that the patient does not meet the criteria in para- 36 graph (a) of this subdivision, the prescriber may provide additional 37 information to the program to justify the use of a prescription drug 38 that is not on the preferred drug list. The program shall provide a 39 reasonable opportunity for a prescriber to reasonably present [his or 40 her] the prescriber's justification of prior authorization. [If, after 41 consultation with the program, the prescriber, in his or her reasonable 42 professional judgment, determines that] The program will consider the 43 additional information and the justification presented to determine 44 whether the use of a prescription drug that is not on the preferred drug 45 list is warranted, and the [prescriber's] program's determination shall 46 be final. 47 § 2. Subdivisions 25 and 25-a of section 364-j of the social services 48 law are REPEALED. 49 § 3. This act shall take effect January 1, 2026. 50 PART D 51 Section 1. The opening paragraph of subparagraph (i) of paragraph (i) 52 of subdivision 35 of section 2807-c of the public health law, as amended 
 S. 3007 14 A. 3007 1 by section 5 of part D of chapter 57 of the laws of 2024, is amended to 2 read as follows: 3 Notwithstanding any inconsistent provision of this subdivision or any 4 other contrary provision of law and subject to the availability of 5 federal financial participation, for each state fiscal year from July 6 first, two thousand ten through December thirty-first, two thousand 7 twenty-four; and for the calendar year January first, two thousand twen- 8 ty-five through December thirty-first, two thousand twenty-five[; and 9 for each calendar year thereafter], the commissioner shall make addi- 10 tional inpatient hospital payments up to the aggregate upper payment 11 limit for inpatient hospital services after all other medical assistance 12 payments, but not to exceed two hundred thirty-five million five hundred 13 thousand dollars for the period July first, two thousand ten through 14 March thirty-first, two thousand eleven, three hundred fourteen million 15 dollars for each state fiscal year beginning April first, two thousand 16 eleven, through March thirty-first, two thousand thirteen, and no less 17 than three hundred thirty-nine million dollars for each state fiscal 18 year until December thirty-first, two thousand twenty-four; and then 19 from calendar year January first, two thousand twenty-five through 20 December thirty-first, two thousand twenty-five[; and for each calendar 21 year thereafter], to general hospitals, other than major public general 22 hospitals, providing emergency room services and including safety net 23 hospitals, which shall, for the purpose of this paragraph, be defined as 24 having either: a Medicaid share of total inpatient hospital discharges 25 of at least thirty-five percent, including both fee-for-service and 26 managed care discharges for acute and exempt services; or a Medicaid 27 share of total discharges of at least thirty percent, including both 28 fee-for-service and managed care discharges for acute and exempt 29 services, and also providing obstetrical services. Eligibility to 30 receive such additional payments shall be based on data from the period 31 two years prior to the rate year, as reported on the institutional cost 32 report submitted to the department as of October first of the prior rate 33 year. Such payments shall be made as medical assistance payments for 34 fee-for-service inpatient hospital services pursuant to title eleven of 35 article five of the social services law for patients eligible for feder- 36 al financial participation under title XIX of the federal social securi- 37 ty act and in accordance with the following: 38 § 2. Clause (A) of subparagraph (ii) of paragraph (b) of subdivision 39 5-d of section 2807-k of the public health law, as amended by section 1 40 of part E of chapter 57 of the laws of 2023, is amended to read as 41 follows: 42 (A) (1) one hundred thirty-nine million four hundred thousand dollars 43 shall be distributed as Medicaid Disproportionate Share Hospital ("DSH") 44 payments to major public general hospitals; 45 (2) for the calendar years two thousand twenty-five and thereafter, 46 the total distributions to major public general hospitals shall be 47 subject to an aggregate reduction of one hundred thirteen million four 48 hundred thousand dollars annually, provided that general hospitals oper- 49 ated by the New York city health and hospitals corporation as estab- 50 lished by chapter one thousand sixteen of the laws of nineteen hundred 51 sixty-nine, as amended, shall not receive distributions pursuant to this 52 subdivision; and 53 § 3. This act shall take effect immediately and shall be deemed to 54 have been in full force and effect on and after April 1, 2025. 55 PART E 
 S. 3007 15 A. 3007 1 Section 1. Section 602 of the financial services law, as added by 2 section 26 of part H of chapter 60 of the laws of 2014, is amended to 3 read as follows: 4 § 602. Applicability. [(a)] This article shall not apply to health 5 care services, including emergency services, where physician fees are 6 subject to schedules or other monetary limitations under any other law, 7 including the workers' compensation law and article fifty-one of the 8 insurance law, and shall not preempt any such law. This article also 9 shall not apply to health care services, including emergency services, 10 subject to medical assistance program coverage provided pursuant to 11 section three hundred sixty-four-j of the social services law. 12 § 2. Subdivision 3 of section 364-j of the social services law is 13 amended by adding a new paragraph (d-4) to read as follows: 14 (d-4) Notwithstanding paragraph (a) of this subdivision, the following 15 medical assistance recipients shall not be eligible to participate in 16 the managed care program authorized by this section or other care coor- 17 dination model established by article forty-four of the public health 18 law: any person who is permanently placed in a residential health care 19 facility for a consecutive period of three months or more. However, 20 nothing in this paragraph should be construed to apply to enrollees in 21 the Medicaid Advantage Plus Program, developed to enroll persons in 22 managed long-term care who are nursing home certifiable and who are 23 dually eligible pursuant to section forty-four hundred three-f of the 24 public health law. In implementing this provision, the department shall 25 continue to support service delivery and outcomes that result in commu- 26 nity living for enrollees. 27 § 3. Section 364-j of the social services law is amended by adding a 28 new subdivision 40 to read as follows: 29 40. (a) The commissioner shall be entitled to penalize managed care 30 providers for failure to meet the contractual obligations and perform- 31 ance standards of the executed contract between the state and a managed 32 care provider in place at the time of the failure. 33 (b) The commissioner shall have sole discretion in determining whether 34 to impose a penalty for noncompliance with any provision of such 35 contract. 36 (c) (i) Penalties imposed by this subdivision against a managed care 37 provider shall be from two hundred fifty dollars up to twenty-five thou- 38 sand dollars per violation depending on the severity of the noncompli- 39 ance as determined by the commissioner. 40 (ii) The commissioner may elect, in their sole discretion, to assess 41 penalties imposed by this section from, and as a set off against, 42 payments due to the managed care provider, or payments that becomes due 43 any time after the assessment of penalties. Deductions may continue 44 until the full amount of the noticed penalties are paid in full. 45 (iii) All penalties imposed by the commissioner pursuant to this 46 subdivision shall be paid out of the administrative costs and profits of 47 the managed care provider. The managed care provider shall not pass the 48 penalties imposed by the commissioner pursuant to this subdivision 49 through to any medical services provider and/or subcontractor. 50 (d) For the purposes of this subdivision a violation shall mean a 51 determination by the commissioner that the managed care provider failed 52 to act as required under the contract between the state and the managed 53 care provider in place at the time of the failure, or applicable federal 54 and state statutes, rules or regulations governing managed care provid- 55 ers. Each instance of a managed care provider failing to furnish neces- 56 sary and/or required medical services or items to each enrollee shall be 
 S. 3007 16 A. 3007 1 a separate violation and each day that an ongoing violation continues 2 shall be a separate violation. 3 (e) No penalties shall be assessed pursuant to this subdivision with- 4 out providing an opportunity for a formal hearing conducted in accord- 5 ance with section twelve-a of the public health law. 6 (f) Nothing in this subdivision shall prohibit the imposition of 7 damages, penalties or other relief, otherwise authorized by law, includ- 8 ing but not limited to cases of fraud, waste or abuse. 9 (g) The commissioner may promulgate any regulations necessary to 10 implement the provisions of this subdivision. 11 § 4. This act shall take effect immediately; provided, however, that 12 section one of this act shall apply to disputes filed with the super- 13 intendent of financial services pursuant to article six of the financial 14 services law on or after such effective date; provided further, howev- 15 er, that section two of this act is subject to federal financial partic- 16 ipation; and provided further, however, that the amendments to section 17 364-j of the social services law made by sections two and three of this 18 act shall not affect the repeal of such section and shall be deemed 19 repealed therewith. 20 PART F 21 Section 1. Section 2807-ff of the public health law, as added by 22 section 1 of part II of chapter 57 of the laws of 2024, is amended to 23 read as follows: 24 § 2807-ff. New York managed care organization provider tax. 1. The 25 commissioner, subject to the approval of the director of the budget, 26 shall: apply for a waiver or waivers of the broad-based and uniformity 27 requirements related to the establishment of a New York managed care 28 organization provider tax (the "MCO provider tax") in order to secure 29 federal financial participation for the costs of the medical assistance 30 program; [issue regulations to implement the MCO provider tax;] and, 31 subject to approval by the centers for [medicare and medicaid] Medicare 32 and Medicaid services, impose the MCO provider tax as an assessment upon 33 insurers, health maintenance organizations, and managed care organiza- 34 tions (collectively referred to as "health plan") offering the following 35 plans or products: 36 (a) Medical assistance program coverage provided by managed care 37 providers pursuant to section three hundred sixty-four-j of the social 38 services law; 39 (b) A child health insurance plan certified pursuant to section twen- 40 ty-five hundred eleven of this chapter; 41 (c) Essential plan coverage certified pursuant to section three 42 hundred sixty-nine-gg of the social services law; 43 (d) Coverage purchased on the New York insurance exchange established 44 pursuant to section two hundred sixty-eight-b of this chapter; or 45 (e) Any other comprehensive coverage subject to articles thirty-two, 46 forty-two and forty-three of the insurance law, or article forty-four of 47 this chapter. 48 2. The MCO provider tax shall comply with all relevant provisions of 49 federal laws, rules and regulations. 50 3. The department shall post on its website the MCO provider tax 51 approval letter by the centers for Medicare and Medicaid services (the 52 "approval letter"). 53 4. A health plan, as defined in subdivision one of this section, shall 54 pay the MCO provider tax for each calendar year as follows: 
 S. 3007 17 A. 3007 1 (a) For Medicaid member months below two hundred fifty thousand member 2 months, a health plan shall pay one hundred twenty-six dollars per 3 member month; 4 (b) For Medicaid member months greater than or equal to two hundred 5 fifty thousand member months but less than five hundred thousand member 6 months, a health plan shall pay eighty-eight dollars per member month; 7 (c) For Medicaid member months greater than or equal to five hundred 8 thousand member months, a health plan shall pay twenty-five dollars per 9 member month; 10 (d) For essential plan member months less than two hundred fifty thou- 11 sand member months, a health plan shall pay thirteen dollars per member 12 month; 13 (e) For essential plan member months greater than or equal to two 14 hundred fifty thousand member months, a health plan shall pay seven 15 dollars per member month; 16 (f) For non-essential plan non-Medicaid member months, consisting of 17 the populations covered by the products described in paragraphs (b), 18 (d), and (e) of subdivision one of this section, less than two hundred 19 fifty thousand member months, a health plan shall pay two dollars per 20 member month; and 21 (g) For non-essential plan non-Medicaid member months greater than or 22 equal to two hundred fifty thousand member months, a health plan shall 23 pay one dollar and fifty cents per member month. 24 5. A health plan shall remit the MCO provider tax due pursuant to this 25 section to the commissioner or their designee quarterly or at a frequen- 26 cy defined by the commissioner. 27 6. Funds accumulated from the MCO provider tax, including interest and 28 penalties, shall be deposited and credited by the commissioner, or the 29 commissioner's designee, to the healthcare stability fund established in 30 section ninety-nine-ss of the state finance law. 31 7. (a) Every health plan subject to the approved MCO provider tax 32 shall submit reports in a form prescribed by the commissioner to accu- 33 rately disclose information required to implement this section. 34 (b) If a health plan fails to file reports required pursuant to this 35 subdivision within sixty days of the date such reports are due and after 36 notification of such reporting delinquency, the commissioner may assess 37 a civil penalty of up to ten thousand dollars for each failure; 38 provided, however, that such civil penalty shall not be imposed if the 39 health plan demonstrates good cause for the failure to timely file such 40 reports. 41 8. (a) If a payment made pursuant to this section is not timely, 42 interest shall be payable in the same rate and manner as defined in 43 subdivision eight of section twenty-eight hundred seven-j of this arti- 44 cle. 45 (b) The commissioner may waive a portion or all of either the interest 46 or penalties, or both, assessed under this section if the commissioner 47 determines, in their sole discretion, that the health plan has demon- 48 strated that imposition of the full amount of the MCO provider tax 49 pursuant to the timelines applicable under the approval letter has a 50 high likelihood of creating an undue financial hardship for the health 51 plan or creates a significant financial difficulty in providing needed 52 services to Medicaid beneficiaries. In addition, the commissioner may 53 waive a portion or all of either the interest or penalties, or both, 54 assessed under this section if the commissioner determines, in their 55 sole discretion, that the health plan did not have the information 56 necessary from the department to pay the tax required in this section. 
 S. 3007 18 A. 3007 1 Waiver of some or all of the interest or penalties pursuant to this 2 subdivision shall be conditioned on the health plan's agreement to make 3 MCO provider tax payments on an alternative schedule developed by the 4 department that takes into account the financial situation of the health 5 plan and the potential impact on the delivery of services to Medicaid 6 beneficiaries. 7 (c) Overpayment by or on behalf of a health plan of a payment shall be 8 applied to any other payment due from the health plan pursuant to this 9 section, or, if no payment is due, at the election of the health plan, 10 shall be applied to future payments or refunded to the health plan. 11 Interest shall be paid on overpayments from the date of overpayment to 12 the date of crediting or refunding at the rate determined in accordance 13 with this subdivision only if the overpayment was made at the direction 14 of the commissioner. Interest under this paragraph shall not be paid if 15 the amount thereof is less than one dollar. 16 9. Payments and reports submitted or required to be submitted to the 17 commissioner pursuant to this section by a health plan shall be subject 18 to audit by the commissioner for a period of six years following the 19 close of the calendar year in which such payments and reports are due, 20 after which such payments shall be deemed final and not subject to 21 further adjustment or reconciliation, including through offset adjust- 22 ments or reconciliations made by a health plan; provided, however, that 23 nothing in this section shall be construed as precluding the commission- 24 er from pursuing collection of any such payments which are identified as 25 delinquent within such six-year period, or which are identified as 26 delinquent as a result of an audit commenced within such six-year peri- 27 od, or from conducting an audit of any adjustment or reconciliation made 28 by a health plan, or from conducting an audit of payments made prior to 29 such six-year period which are found to be commingled with payments 30 which are otherwise subject to timely audit pursuant to this section. 31 10. In the event of a merger, acquisition, establishment, or any other 32 similar transaction that results in the transfer of health plan respon- 33 sibility for all enrollees under this section from a health plan to 34 another health plan or similar entity, and that occurs at any time 35 during which this section is effective, the resultant health plan or 36 similar entity shall be responsible for paying the full tax amount as 37 provided in this section that would have been the responsibility of the 38 health plan to which that full tax amount was assessed upon the effec- 39 tive date of any such transaction. If a merger, acquisition, establish- 40 ment, or any other similar transaction results in the transfer of health 41 plan responsibility for only some of a health plan's enrollees under 42 this section but not all enrollees, the full tax amount as provided in 43 this section shall remain the responsibility of that health plan to 44 which that full tax amount was assessed. 45 § 2. Section 99-rr of the state finance law, as added by section 2 of 46 part II of chapter 57 of the laws of 2024, is renumbered section 99-ss 47 and is amended to read to as follows: 48 § 99-ss. Healthcare stability fund. 1. There is hereby established in 49 the joint custody of the state comptroller and the commissioner of taxa- 50 tion and finance a special fund to be known as the "healthcare stability 51 fund" ("fund"). 52 2. (a) The fund shall consist of monies received from the imposition 53 of the centers for medicare and medicaid services-approved MCO provider 54 tax established pursuant to section twenty-eight hundred seven-ff of the 55 public health law, and all other monies appropriated, credited, or 56 transferred thereto from any other fund or source pursuant to law. 
 S. 3007 19 A. 3007 1 (b) The pool administrator under contract with the commissioner of 2 health pursuant to section twenty-eight hundred seven-y of the public 3 health law shall collect moneys required to be collected as a result of 4 the implementation of the MCO provider tax. 5 3. Notwithstanding any provision of law to the contrary and subject to 6 available legislative appropriation and approval of the director of the 7 budget, monies of the fund may be available [for] to the department of 8 health for the purpose of: 9 (a) funding the non-federal share of increased capitation payments to 10 managed care providers, as defined in section three hundred sixty-four-j 11 of the social services law, for the medical assistance program, pursuant 12 to a plan developed and approved by the director of the budget; 13 (b) funding the non-federal share of the medical assistance program, 14 including supplemental support for the delivery of health care services 15 to medical assistance program enrollees and quality incentive programs; 16 (c) reimbursement to the general fund for expenditures incurred in the 17 medical assistance program, including, but not limited to, reimbursement 18 pursuant to a savings allocation plan established in accordance with 19 section ninety-two of part H of chapter fifty-nine of the laws of two 20 thousand eleven, as amended; and 21 (d) transfer to the capital projects fund, or any other capital 22 projects fund of the state to support the delivery of health care 23 services. 24 4. The monies shall be paid out of the fund on the audit and warrant 25 of the comptroller on vouchers certified or approved by the commissioner 26 of health, or by an officer or employee of the department of health 27 designated by the commissioner. 28 [4] 5. Monies disbursed from the fund shall be exempt from the calcu- 29 lation of department of health state funds medicaid expenditures under 30 subdivision one of section ninety-two of part H of chapter fifty-nine of 31 the laws of two thousand eleven, as amended. 32 [5] 6. Monies in such fund shall be kept separate from and shall not 33 be commingled with any other monies in the custody of the comptroller or 34 the commissioner of taxation and finance. Any monies of the fund not 35 required for immediate use may, at the discretion of the comptroller, in 36 consultation with the director of the budget, be invested by the comp- 37 troller in obligations of the United States or the state. Any income 38 earned by the investment of such monies shall be added to and become a 39 part of and shall be used for the purposes of such fund. 40 [6] 7. The director of the budget shall provide quarterly reports to 41 the speaker of the assembly, the temporary president of the senate, the 42 chair of the senate finance committee and the chair of the assembly ways 43 and means committee, on the receipts and distributions of the healthcare 44 stability fund, including an itemization of such receipts and disburse- 45 ments, the historical and projected expenditures, and the projected fund 46 balance. 47 8. The comptroller shall provide the pool administrator with any 48 information needed, in a form or format prescribed by the pool adminis- 49 trator, to meet reporting requirements as set forth in section twenty- 50 eight hundred seven-y of the public health law or as otherwise provided 51 by law. 52 § 3. Section 1-a of part I of chapter 57 of the laws of 2022 providing 53 a one percent across the board payment increase to all qualifying fee- 54 for-service Medicaid rates, as amended by section 1 of part NN of chap- 55 ter 57 of the laws of 2024, is amended to read as follows: 
 S. 3007 20 A. 3007 1 § 1-a. Notwithstanding any provision of law to the contrary, for the 2 state fiscal years beginning April 1, 2023, and thereafter, Medicaid 3 payments made for the operating component of hospital inpatient services 4 shall be subject to a uniform rate increase of seven and one-half 5 percent in addition to the increase contained in section one of this 6 act, subject to the approval of the commissioner of health and the 7 director of the budget. Notwithstanding any provision of law to the 8 contrary, for the state fiscal years beginning April 1, 2023, and there- 9 after, Medicaid payments made for the operating component of hospital 10 outpatient services shall be subject to a uniform rate increase of six 11 and one-half percent in addition to the increase contained in section 12 one of this act, subject to the approval of the commissioner of health 13 and the director of the budget. Notwithstanding any provision of law to 14 the contrary, for the period April 1, 2024 through March 31, 2025 Medi- 15 caid payments made for hospital services shall be increased by an aggre- 16 gate amount of up to $525,000,000 in addition to the increase contained 17 in sections one and one-b of this act subject to the approval of the 18 commissioner of health and the director of the budget. Notwithstanding 19 any provision of law to the contrary, for the state fiscal years begin- 20 ning April 1, 2025, and thereafter, Medicaid payments made for the oper- 21 ating component of hospital outpatient services shall be subject to a 22 uniform rate increase pursuant to a plan approved by the director of the 23 budget in addition to the applicable increase contained in section one 24 of this act and this section, subject to the approval of the commission- 25 er of health and the director of the budget. Notwithstanding any 26 provision of law to the contrary, for the period April 1, 2025, and 27 thereafter, Medicaid payments made for hospital services shall be 28 increased by an aggregate amount of up to $425,000,000 in addition to 29 the increase contained in section one of this act and this section, 30 subject to the approval of the commissioner of health and the director 31 of the budget. Such rate increases shall be subject to federal financial 32 participation and the provisions established under section one-f of this 33 act. 34 § 4. Section 1-b of part I of chapter 57 of the laws of 2022 providing 35 a one percent across the board payment increase to all qualifying fee- 36 for-service Medicaid rates, as added by section 2 of part NN of chapter 37 57 of the laws of 2024, is amended to read as follows: 38 § 1-b. Notwithstanding any provision of law to the contrary, for the 39 state fiscal years beginning April 1, 2023, and thereafter, Medicaid 40 payments made for the operating component of residential health care 41 facilities services shall be subject to a uniform rate increase of 6.5 42 percent in addition to the increase contained in subdivision 1 of 43 section 1 of this part, subject to the approval of the commissioner of 44 the department of health and the director of the division of the budget; 45 provided, however, that such Medicaid payments shall be subject to a 46 uniform rate increase of up to 7.5 percent in addition to the increase 47 contained in subdivision 1 of section 1 of this part contingent upon 48 approval of the commissioner of the department of health, the director 49 of the division of the budget, and the Centers for Medicare and Medicaid 50 Services. Notwithstanding any provision of law to the contrary, for the 51 period April 1, 2024 through March 31, 2025 Medicaid payments made for 52 nursing home services shall be increased by an aggregate amount of up to 53 $285,000,000 in addition to the increase contained in [sections] section 54 one [and one-c] of this act and this section subject to the approval of 55 the commissioner of health and the director of the budget. Such rate 56 increases shall be subject to federal financial participation. Notwith- 
 S. 3007 21 A. 3007 1 standing any provision of law to the contrary, for state fiscal years 2 beginning April 1, 2025, and thereafter Medicaid payments made for nurs- 3 ing home services shall be increased by an aggregate amount of up to 4 $385,000,000 in addition to the increase contained in section one of 5 this act and this section, subject to the approval of the commissioner 6 of health and the director of the budget. Such rate increases shall be 7 subject to federal financial participation and the provisions estab- 8 lished under section one-f of this act. 9 § 5. Sections 1-c and 1-d of part I of chapter 57 of the laws of 2022 10 providing a one percent across the board payment increase to all quali- 11 fying fee-for-service Medicaid rates, are renumbered sections 1-d and 12 1-e and a new section 1-c is added to read as follows: 13 § 1-c. Notwithstanding any provision of law to the contrary, for the 14 period April 1, 2025, and thereafter, Medicaid payments made for clinic 15 service provided by federally qualified health centers and diagnostic 16 and treatment centers shall be increased by an aggregate amount of up to 17 $20,000,000 in addition to any applicable increase contained in section 18 one of this act subject to the approval of the commissioner of health 19 and the director of the budget. Such rate increases shall be subject to 20 federal financial participation and the provisions established under 21 section one-f of this act. 22 § 6. Section 1-d of part I of chapter 57 of the laws of 2022 providing 23 a one percent across the board payment increase to all qualifying fee- 24 for-service Medicaid rates, as amended by section 3 of part NN of chap- 25 ter 57 of the laws of 2024, and as renumbered by section five of this 26 act, is amended to read as follows: 27 § 1-d. Notwithstanding any provision of law to the contrary, for the 28 state fiscal years beginning April 1, 2023, and thereafter, Medicaid 29 payments made for the operating component of assisted living programs as 30 defined by paragraph (a) of subdivision one of section 461-l of the 31 social services law shall be subject to a uniform rate increase of 6.5 32 percent in addition to the increase contained in section one of this 33 part, subject to the approval of the commissioner of the department of 34 health and the director of division of the budget. Notwithstanding any 35 provision of law to the contrary, for the period April 1, 2024 through 36 March 31, 2025, Medicaid payments for assisted living programs shall be 37 increased by up to $15,000,000 in addition to the increase contained in 38 this section subject to the approval of the commissioner of health and 39 the director of the budget. Notwithstanding any provision of law to the 40 contrary, for the state fiscal years beginning on April 1, 2025 and 41 thereafter, Medicaid payments for assisted living programs shall be 42 increased by up to $15,000,000 in addition to the increase contained in 43 this section subject to the approval of the commissioner of health and 44 the director of the budget. Such rate increases shall be subject to 45 federal financial participation and the provisions established under 46 section one-f of this act. 47 § 7. Section 1-e of part I of chapter 57 of the laws of 2022 providing 48 a one percent across the board payment increase to all qualifying fee- 49 for-service Medicaid rates, as added by section 4 of part NN of chapter 50 57 of the laws of 2024, and as renumbered by section five of this act, 51 is amended and a new section 1-f is added to read as follows: 52 § 1-e. Such increases as added by the chapter of the laws of 2024 that 53 added this section may take the form of increased rates of payment in 54 Medicaid fee-for-service and/or Medicaid managed care, lump sum 55 payments, or state directed payments under 42 CFR 438.6(c). Such rate 
 S. 3007 22 A. 3007 1 increases shall be subject to federal financial participation and the 2 provisions established under section one-f of this act. 3 § 1-f. Such increases as added by the chapter of the laws of 2025 that 4 added this section shall be contingent upon the availability of funds 5 within the healthcare stability fund established by section 99-ss of the 6 state finance law. Upon a determination by the director of the budget 7 that the balance of such fund is projected to be insufficient to support 8 the continuation of such increases, the commissioner of health, subject 9 to the approval of the director of the budget, shall take steps neces- 10 sary to suspend or terminate such increases, until a determination is 11 made that there are sufficient balances to support these increases. 12 § 8. This act shall take effect immediately; provided, however, that 13 sections three, four, five, six and seven of this act shall be deemed to 14 have been in full force and effect on and after April 1, 2025. 15 PART G 16 Section 1. Paragraph (a) of subdivision 1 of section 18 of chapter 266 17 of the laws of 1986, amending the civil practice law and rules and other 18 laws relating to malpractice and professional medical conduct, as 19 amended by section 1 of part K of chapter 57 of the laws of 2024, is 20 amended and a new subdivision 9 is added to read as follows: 21 (a) The superintendent of financial services and the commissioner of 22 health or their designee shall, from funds available in the hospital 23 excess liability pool created pursuant to subdivision 5 of this section, 24 purchase a policy or policies for excess insurance coverage, as author- 25 ized by paragraph 1 of subsection (e) of section 5502 of the insurance 26 law; or from an insurer, other than an insurer described in section 5502 27 of the insurance law, duly authorized to write such coverage and actual- 28 ly writing medical malpractice insurance in this state; or shall 29 purchase equivalent excess coverage in a form previously approved by the 30 superintendent of financial services for purposes of providing equiv- 31 alent excess coverage in accordance with section 19 of chapter 294 of 32 the laws of 1985, for medical or dental malpractice occurrences between 33 July 1, 1986 and June 30, 1987, between July 1, 1987 and June 30, 1988, 34 between July 1, 1988 and June 30, 1989, between July 1, 1989 and June 35 30, 1990, between July 1, 1990 and June 30, 1991, between July 1, 1991 36 and June 30, 1992, between July 1, 1992 and June 30, 1993, between July 37 1, 1993 and June 30, 1994, between July 1, 1994 and June 30, 1995, 38 between July 1, 1995 and June 30, 1996, between July 1, 1996 and June 39 30, 1997, between July 1, 1997 and June 30, 1998, between July 1, 1998 40 and June 30, 1999, between July 1, 1999 and June 30, 2000, between July 41 1, 2000 and June 30, 2001, between July 1, 2001 and June 30, 2002, 42 between July 1, 2002 and June 30, 2003, between July 1, 2003 and June 43 30, 2004, between July 1, 2004 and June 30, 2005, between July 1, 2005 44 and June 30, 2006, between July 1, 2006 and June 30, 2007, between July 45 1, 2007 and June 30, 2008, between July 1, 2008 and June 30, 2009, 46 between July 1, 2009 and June 30, 2010, between July 1, 2010 and June 47 30, 2011, between July 1, 2011 and June 30, 2012, between July 1, 2012 48 and June 30, 2013, between July 1, 2013 and June 30, 2014, between July 49 1, 2014 and June 30, 2015, between July 1, 2015 and June 30, 2016, 50 between July 1, 2016 and June 30, 2017, between July 1, 2017 and June 51 30, 2018, between July 1, 2018 and June 30, 2019, between July 1, 2019 52 and June 30, 2020, between July 1, 2020 and June 30, 2021, between July 53 1, 2021 and June 30, 2022, between July 1, 2022 and June 30, 2023, 54 between July 1, 2023 and June 30, 2024, [and] between July 1, 2024 and 
 S. 3007 23 A. 3007 1 June 30, 2025, and between July 1, 2025 and June 30, 2026 or reimburse 2 the hospital where the hospital purchases equivalent excess coverage as 3 defined in subparagraph (i) of paragraph (a) of subdivision 1-a of this 4 section for medical or dental malpractice occurrences between July 1, 5 1987 and June 30, 1988, between July 1, 1988 and June 30, 1989, between 6 July 1, 1989 and June 30, 1990, between July 1, 1990 and June 30, 1991, 7 between July 1, 1991 and June 30, 1992, between July 1, 1992 and June 8 30, 1993, between July 1, 1993 and June 30, 1994, between July 1, 1994 9 and June 30, 1995, between July 1, 1995 and June 30, 1996, between July 10 1, 1996 and June 30, 1997, between July 1, 1997 and June 30, 1998, 11 between July 1, 1998 and June 30, 1999, between July 1, 1999 and June 12 30, 2000, between July 1, 2000 and June 30, 2001, between July 1, 2001 13 and June 30, 2002, between July 1, 2002 and June 30, 2003, between July 14 1, 2003 and June 30, 2004, between July 1, 2004 and June 30, 2005, 15 between July 1, 2005 and June 30, 2006, between July 1, 2006 and June 16 30, 2007, between July 1, 2007 and June 30, 2008, between July 1, 2008 17 and June 30, 2009, between July 1, 2009 and June 30, 2010, between July 18 1, 2010 and June 30, 2011, between July 1, 2011 and June 30, 2012, 19 between July 1, 2012 and June 30, 2013, between July 1, 2013 and June 20 30, 2014, between July 1, 2014 and June 30, 2015, between July 1, 2015 21 and June 30, 2016, between July 1, 2016 and June 30, 2017, between July 22 1, 2017 and June 30, 2018, between July 1, 2018 and June 30, 2019, 23 between July 1, 2019 and June 30, 2020, between July 1, 2020 and June 24 30, 2021, between July 1, 2021 and June 30, 2022, between July 1, 2022 25 and June 30, 2023, between July 1, 2023 and June 30, 2024, [and] between 26 July 1, 2024 and June 30, 2025, and between July 1, 2025 and June 30, 27 2026 for physicians or dentists certified as eligible for each such 28 period or periods pursuant to subdivision 2 of this section by a general 29 hospital licensed pursuant to article 28 of the public health law; 30 provided that no single insurer shall write more than fifty percent of 31 the total excess premium for a given policy year; and provided, however, 32 that such eligible physicians or dentists must have in force an individ- 33 ual policy, from an insurer licensed in this state of primary malprac- 34 tice insurance coverage in amounts of no less than one million three 35 hundred thousand dollars for each claimant and three million nine 36 hundred thousand dollars for all claimants under that policy during the 37 period of such excess coverage for such occurrences or be endorsed as 38 additional insureds under a hospital professional liability policy which 39 is offered through a voluntary attending physician ("channeling") 40 program previously permitted by the superintendent of financial services 41 during the period of such excess coverage for such occurrences. During 42 such period, such policy for excess coverage or such equivalent excess 43 coverage shall, when combined with the physician's or dentist's primary 44 malpractice insurance coverage or coverage provided through a voluntary 45 attending physician ("channeling") program, total an aggregate level of 46 two million three hundred thousand dollars for each claimant and six 47 million nine hundred thousand dollars for all claimants from all such 48 policies with respect to occurrences in each of such years provided, 49 however, if the cost of primary malpractice insurance coverage in excess 50 of one million dollars, but below the excess medical malpractice insur- 51 ance coverage provided pursuant to this act, exceeds the rate of nine 52 percent per annum, then the required level of primary malpractice insur- 53 ance coverage in excess of one million dollars for each claimant shall 54 be in an amount of not less than the dollar amount of such coverage 55 available at nine percent per annum; the required level of such coverage 56 for all claimants under that policy shall be in an amount not less than 
 S. 3007 24 A. 3007 1 three times the dollar amount of coverage for each claimant; and excess 2 coverage, when combined with such primary malpractice insurance cover- 3 age, shall increase the aggregate level for each claimant by one million 4 dollars and three million dollars for all claimants; and provided 5 further, that, with respect to policies of primary medical malpractice 6 coverage that include occurrences between April 1, 2002 and June 30, 7 2002, such requirement that coverage be in amounts no less than one 8 million three hundred thousand dollars for each claimant and three 9 million nine hundred thousand dollars for all claimants for such occur- 10 rences shall be effective April 1, 2002. 11 (9) This subdivision shall apply only to excess insurance coverage or 12 equivalent excess coverage for physicians or dentists that is eligible 13 to be paid for from funds available in the hospital excess liability 14 pool. 15 (a) Notwithstanding any law to the contrary, for any policy period 16 beginning on or after July 1, 2024, excess coverage shall be purchased 17 by a physician or dentist directly from a provider of excess insurance 18 coverage or equivalent excess coverage. At the conclusion of the policy 19 period the superintendent of financial services and the commissioner of 20 health or their designee shall, from funds available in the hospital 21 excess liability pool created pursuant to subdivision 5 of this section, 22 pay fifty percent of the premium to the provider of excess insurance 23 coverage or equivalent excess coverage, and the remaining fifty percent 24 shall be paid one year thereafter. 25 (b) Notwithstanding any law to the contrary, for any policy period 26 beginning on or after July 1, 2025, excess coverage shall be purchased 27 by a physician or dentist directly from a provider of excess insurance 28 coverage or equivalent excess coverage. Such provider of excess insur- 29 ance coverage or equivalent excess coverage shall bill, in a manner 30 consistent with paragraph (f) of this subdivision, the physician or 31 dentist for an amount equal to fifty percent of the premium for such 32 coverage, as established pursuant to paragraph (d) of this subdivision, 33 during the policy period. At the conclusion of the policy period the 34 superintendent of financial services and the commissioner of health or 35 their designee shall, from funds available in the hospital excess 36 liability pool created pursuant to subdivision 5 of this section, pay 37 half of the remaining fifty percent of the premium to the provider of 38 excess insurance coverage or equivalent excess coverage, and the remain- 39 ing twenty-five percent shall be paid one year thereafter. If the funds 40 available in the hospital excess liability pool are insufficient to meet 41 the percent of the costs of the excess coverage, the provisions of 42 subdivision 8 of this section shall apply. 43 (c) If at the conclusion of the policy period, a physician or dentist, 44 eligible for excess coverage paid for from funds available in the hospi- 45 tal excess liability pool, has failed to pay an amount equal to fifty 46 percent of the premium as established pursuant to paragraph (d) of this 47 subdivision, such excess coverage shall be cancelled and shall be null 48 and void as of the first day on or after the commencement of a policy 49 period where the liability for payment pursuant to this subdivision has 50 not been met. The provider of excess coverage shall remit any portion of 51 premium paid by the eligible physician or dentist for such a policy 52 period. 53 (d) The superintendent of financial services shall establish a rate 54 consistent with subdivision 3 of this section that providers of excess 55 insurance coverage or equivalent excess coverage will charge for such 56 coverage for each policy period. For the policy period beginning July 1, 
 S. 3007 25 A. 3007 1 2025, the superintendent of financial services may direct that the 2 premium for that policy period be the same as it was for the policy 3 period that concluded June 30, 2024. 4 (e) No provider of excess insurance coverage or equivalent excess 5 coverage shall issue excess coverage to which this subdivision applies 6 to any physician or dentist unless that physician or dentist meets the 7 eligibility requirements for such coverage set forth in this section. 8 The superintendent of financial services and the commissioner of health 9 or their designee shall not make any payment under this subdivision to a 10 provider of excess insurance coverage or equivalent excess coverage for 11 excess coverage issued to a physician or dentist who does not meet the 12 eligibility requirements for participation in the hospital excess 13 liability pool program set forth in this section. 14 (f) A provider of excess insurance coverage or equivalent coverage 15 that issues excess coverage under this subdivision shall bill the physi- 16 cian or dentist for the portion of the premium required under paragraph 17 (a) of this subdivision in twelve equal monthly installments or in such 18 other manner as the physician or dentist may agree. 19 (g) The superintendent of financial services in consultation with the 20 commissioner of health may promulgate regulations giving effect to the 21 provisions of this subdivision. 22 § 2. Subdivision 3 of section 18 of chapter 266 of the laws of 1986, 23 amending the civil practice law and rules and other laws relating to 24 malpractice and professional medical conduct, as amended by section 2 of 25 part K of chapter 57 of the laws of 2024, is amended to read as follows: 26 (3)(a) The superintendent of financial services shall determine and 27 certify to each general hospital and to the commissioner of health the 28 cost of excess malpractice insurance for medical or dental malpractice 29 occurrences between July 1, 1986 and June 30, 1987, between July 1, 1988 30 and June 30, 1989, between July 1, 1989 and June 30, 1990, between July 31 1, 1990 and June 30, 1991, between July 1, 1991 and June 30, 1992, 32 between July 1, 1992 and June 30, 1993, between July 1, 1993 and June 33 30, 1994, between July 1, 1994 and June 30, 1995, between July 1, 1995 34 and June 30, 1996, between July 1, 1996 and June 30, 1997, between July 35 1, 1997 and June 30, 1998, between July 1, 1998 and June 30, 1999, 36 between July 1, 1999 and June 30, 2000, between July 1, 2000 and June 37 30, 2001, between July 1, 2001 and June 30, 2002, between July 1, 2002 38 and June 30, 2003, between July 1, 2003 and June 30, 2004, between July 39 1, 2004 and June 30, 2005, between July 1, 2005 and June 30, 2006, 40 between July 1, 2006 and June 30, 2007, between July 1, 2007 and June 41 30, 2008, between July 1, 2008 and June 30, 2009, between July 1, 2009 42 and June 30, 2010, between July 1, 2010 and June 30, 2011, between July 43 1, 2011 and June 30, 2012, between July 1, 2012 and June 30, 2013, 44 between July 1, 2013 and June 30, 2014, between July 1, 2014 and June 45 30, 2015, between July 1, 2015 and June 30, 2016, between July 1, 2016 46 and June 30, 2017, between July 1, 2017 and June 30, 2018, between July 47 1, 2018 and June 30, 2019, between July 1, 2019 and June 30, 2020, 48 between July 1, 2020 and June 30, 2021, between July 1, 2021 and June 49 30, 2022, between July 1, 2022 and June 30, 2023, between July 1, 2023 50 and June 30, 2024, [and] between July 1, 2024 and June 30, 2025, and 51 between July 1, 2025 and June 30, 2026 allocable to each general hospi- 52 tal for physicians or dentists certified as eligible for purchase of a 53 policy for excess insurance coverage by such general hospital in accord- 54 ance with subdivision 2 of this section, and may amend such determi- 55 nation and certification as necessary. 
 S. 3007 26 A. 3007 1 (b) The superintendent of financial services shall determine and 2 certify to each general hospital and to the commissioner of health the 3 cost of excess malpractice insurance or equivalent excess coverage for 4 medical or dental malpractice occurrences between July 1, 1987 and June 5 30, 1988, between July 1, 1988 and June 30, 1989, between July 1, 1989 6 and June 30, 1990, between July 1, 1990 and June 30, 1991, between July 7 1, 1991 and June 30, 1992, between July 1, 1992 and June 30, 1993, 8 between July 1, 1993 and June 30, 1994, between July 1, 1994 and June 9 30, 1995, between July 1, 1995 and June 30, 1996, between July 1, 1996 10 and June 30, 1997, between July 1, 1997 and June 30, 1998, between July 11 1, 1998 and June 30, 1999, between July 1, 1999 and June 30, 2000, 12 between July 1, 2000 and June 30, 2001, between July 1, 2001 and June 13 30, 2002, between July 1, 2002 and June 30, 2003, between July 1, 2003 14 and June 30, 2004, between July 1, 2004 and June 30, 2005, between July 15 1, 2005 and June 30, 2006, between July 1, 2006 and June 30, 2007, 16 between July 1, 2007 and June 30, 2008, between July 1, 2008 and June 17 30, 2009, between July 1, 2009 and June 30, 2010, between July 1, 2010 18 and June 30, 2011, between July 1, 2011 and June 30, 2012, between July 19 1, 2012 and June 30, 2013, between July 1, 2013 and June 30, 2014, 20 between July 1, 2014 and June 30, 2015, between July 1, 2015 and June 21 30, 2016, between July 1, 2016 and June 30, 2017, between July 1, 2017 22 and June 30, 2018, between July 1, 2018 and June 30, 2019, between July 23 1, 2019 and June 30, 2020, between July 1, 2020 and June 30, 2021, 24 between July 1, 2021 and June 30, 2022, between July 1, 2022 and June 25 30, 2023, between July 1, 2023 and June 30, 2024, [and] between July 1, 26 2024 and June 30, 2025, and between July 1, 2025 and June 30, 2026 allo- 27 cable to each general hospital for physicians or dentists certified as 28 eligible for purchase of a policy for excess insurance coverage or 29 equivalent excess coverage by such general hospital in accordance with 30 subdivision 2 of this section, and may amend such determination and 31 certification as necessary. The superintendent of financial services 32 shall determine and certify to each general hospital and to the commis- 33 sioner of health the ratable share of such cost allocable to the period 34 July 1, 1987 to December 31, 1987, to the period January 1, 1988 to June 35 30, 1988, to the period July 1, 1988 to December 31, 1988, to the period 36 January 1, 1989 to June 30, 1989, to the period July 1, 1989 to December 37 31, 1989, to the period January 1, 1990 to June 30, 1990, to the period 38 July 1, 1990 to December 31, 1990, to the period January 1, 1991 to June 39 30, 1991, to the period July 1, 1991 to December 31, 1991, to the period 40 January 1, 1992 to June 30, 1992, to the period July 1, 1992 to December 41 31, 1992, to the period January 1, 1993 to June 30, 1993, to the period 42 July 1, 1993 to December 31, 1993, to the period January 1, 1994 to June 43 30, 1994, to the period July 1, 1994 to December 31, 1994, to the period 44 January 1, 1995 to June 30, 1995, to the period July 1, 1995 to December 45 31, 1995, to the period January 1, 1996 to June 30, 1996, to the period 46 July 1, 1996 to December 31, 1996, to the period January 1, 1997 to June 47 30, 1997, to the period July 1, 1997 to December 31, 1997, to the period 48 January 1, 1998 to June 30, 1998, to the period July 1, 1998 to December 49 31, 1998, to the period January 1, 1999 to June 30, 1999, to the period 50 July 1, 1999 to December 31, 1999, to the period January 1, 2000 to June 51 30, 2000, to the period July 1, 2000 to December 31, 2000, to the period 52 January 1, 2001 to June 30, 2001, to the period July 1, 2001 to June 30, 53 2002, to the period July 1, 2002 to June 30, 2003, to the period July 1, 54 2003 to June 30, 2004, to the period July 1, 2004 to June 30, 2005, to 55 the period July 1, 2005 and June 30, 2006, to the period July 1, 2006 56 and June 30, 2007, to the period July 1, 2007 and June 30, 2008, to the 
 S. 3007 27 A. 3007 1 period July 1, 2008 and June 30, 2009, to the period July 1, 2009 and 2 June 30, 2010, to the period July 1, 2010 and June 30, 2011, to the 3 period July 1, 2011 and June 30, 2012, to the period July 1, 2012 and 4 June 30, 2013, to the period July 1, 2013 and June 30, 2014, to the 5 period July 1, 2014 and June 30, 2015, to the period July 1, 2015 and 6 June 30, 2016, to the period July 1, 2016 and June 30, 2017, to the 7 period July 1, 2017 to June 30, 2018, to the period July 1, 2018 to June 8 30, 2019, to the period July 1, 2019 to June 30, 2020, to the period 9 July 1, 2020 to June 30, 2021, to the period July 1, 2021 to June 30, 10 2022, to the period July 1, 2022 to June 30, 2023, to the period July 1, 11 2023 to June 30, 2024, [and] to the period July 1, 2024 to June 30, 12 2025, and to the period July 1, 2025 to June 30, 2026. 13 § 3. Paragraphs (a), (b), (c), (d) and (e) of subdivision 8 of section 14 18 of chapter 266 of the laws of 1986, amending the civil practice law 15 and rules and other laws relating to malpractice and professional 16 medical conduct, as amended by section 3 of part K of chapter 57 of the 17 laws of 2024, are amended to read as follows: 18 (a) To the extent funds available to the hospital excess liability 19 pool pursuant to subdivision 5 of this section as amended, and pursuant 20 to section 6 of part J of chapter 63 of the laws of 2001, as may from 21 time to time be amended, which amended this subdivision, are insuffi- 22 cient to meet the costs of excess insurance coverage or equivalent 23 excess coverage for coverage periods during the period July 1, 1992 to 24 June 30, 1993, during the period July 1, 1993 to June 30, 1994, during 25 the period July 1, 1994 to June 30, 1995, during the period July 1, 1995 26 to June 30, 1996, during the period July 1, 1996 to June 30, 1997, 27 during the period July 1, 1997 to June 30, 1998, during the period July 28 1, 1998 to June 30, 1999, during the period July 1, 1999 to June 30, 29 2000, during the period July 1, 2000 to June 30, 2001, during the period 30 July 1, 2001 to October 29, 2001, during the period April 1, 2002 to 31 June 30, 2002, during the period July 1, 2002 to June 30, 2003, during 32 the period July 1, 2003 to June 30, 2004, during the period July 1, 2004 33 to June 30, 2005, during the period July 1, 2005 to June 30, 2006, 34 during the period July 1, 2006 to June 30, 2007, during the period July 35 1, 2007 to June 30, 2008, during the period July 1, 2008 to June 30, 36 2009, during the period July 1, 2009 to June 30, 2010, during the period 37 July 1, 2010 to June 30, 2011, during the period July 1, 2011 to June 38 30, 2012, during the period July 1, 2012 to June 30, 2013, during the 39 period July 1, 2013 to June 30, 2014, during the period July 1, 2014 to 40 June 30, 2015, during the period July 1, 2015 to June 30, 2016, during 41 the period July 1, 2016 to June 30, 2017, during the period July 1, 2017 42 to June 30, 2018, during the period July 1, 2018 to June 30, 2019, 43 during the period July 1, 2019 to June 30, 2020, during the period July 44 1, 2020 to June 30, 2021, during the period July 1, 2021 to June 30, 45 2022, during the period July 1, 2022 to June 30, 2023, during the period 46 July 1, 2023 to June 30, 2024, [and] during the period July 1, 2024 to 47 June 30, 2025, and during the period July 1, 2025 to June 30 2026 allo- 48 cated or reallocated in accordance with paragraph (a) of subdivision 4-a 49 of this section to rates of payment applicable to state governmental 50 agencies, each physician or dentist for whom a policy for excess insur- 51 ance coverage or equivalent excess coverage is purchased for such period 52 shall be responsible for payment to the provider of excess insurance 53 coverage or equivalent excess coverage of an allocable share of such 54 insufficiency, based on the ratio of the total cost of such coverage for 55 such physician to the sum of the total cost of such coverage for all 56 physicians applied to such insufficiency. 
 S. 3007 28 A. 3007 1 (b) Each provider of excess insurance coverage or equivalent excess 2 coverage covering the period July 1, 1992 to June 30, 1993, or covering 3 the period July 1, 1993 to June 30, 1994, or covering the period July 1, 4 1994 to June 30, 1995, or covering the period July 1, 1995 to June 30, 5 1996, or covering the period July 1, 1996 to June 30, 1997, or covering 6 the period July 1, 1997 to June 30, 1998, or covering the period July 1, 7 1998 to June 30, 1999, or covering the period July 1, 1999 to June 30, 8 2000, or covering the period July 1, 2000 to June 30, 2001, or covering 9 the period July 1, 2001 to October 29, 2001, or covering the period 10 April 1, 2002 to June 30, 2002, or covering the period July 1, 2002 to 11 June 30, 2003, or covering the period July 1, 2003 to June 30, 2004, or 12 covering the period July 1, 2004 to June 30, 2005, or covering the peri- 13 od July 1, 2005 to June 30, 2006, or covering the period July 1, 2006 to 14 June 30, 2007, or covering the period July 1, 2007 to June 30, 2008, or 15 covering the period July 1, 2008 to June 30, 2009, or covering the peri- 16 od July 1, 2009 to June 30, 2010, or covering the period July 1, 2010 to 17 June 30, 2011, or covering the period July 1, 2011 to June 30, 2012, or 18 covering the period July 1, 2012 to June 30, 2013, or covering the peri- 19 od July 1, 2013 to June 30, 2014, or covering the period July 1, 2014 to 20 June 30, 2015, or covering the period July 1, 2015 to June 30, 2016, or 21 covering the period July 1, 2016 to June 30, 2017, or covering the peri- 22 od July 1, 2017 to June 30, 2018, or covering the period July 1, 2018 to 23 June 30, 2019, or covering the period July 1, 2019 to June 30, 2020, or 24 covering the period July 1, 2020 to June 30, 2021, or covering the peri- 25 od July 1, 2021 to June 30, 2022, or covering the period July 1, 2022 to 26 June 30, 2023, or covering the period July 1, 2023 to June 30, 2024, or 27 covering the period July 1, 2024 to June 30, 2025, or covering the peri- 28 od July 1, 2025 to June 30, 2026 shall notify a covered physician or 29 dentist by mail, mailed to the address shown on the last application for 30 excess insurance coverage or equivalent excess coverage, of the amount 31 due to such provider from such physician or dentist for such coverage 32 period determined in accordance with paragraph (a) of this subdivision. 33 Such amount shall be due from such physician or dentist to such provider 34 of excess insurance coverage or equivalent excess coverage in a time and 35 manner determined by the superintendent of financial services. 36 (c) If a physician or dentist liable for payment of a portion of the 37 costs of excess insurance coverage or equivalent excess coverage cover- 38 ing the period July 1, 1992 to June 30, 1993, or covering the period 39 July 1, 1993 to June 30, 1994, or covering the period July 1, 1994 to 40 June 30, 1995, or covering the period July 1, 1995 to June 30, 1996, or 41 covering the period July 1, 1996 to June 30, 1997, or covering the peri- 42 od July 1, 1997 to June 30, 1998, or covering the period July 1, 1998 to 43 June 30, 1999, or covering the period July 1, 1999 to June 30, 2000, or 44 covering the period July 1, 2000 to June 30, 2001, or covering the peri- 45 od July 1, 2001 to October 29, 2001, or covering the period April 1, 46 2002 to June 30, 2002, or covering the period July 1, 2002 to June 30, 47 2003, or covering the period July 1, 2003 to June 30, 2004, or covering 48 the period July 1, 2004 to June 30, 2005, or covering the period July 1, 49 2005 to June 30, 2006, or covering the period July 1, 2006 to June 30, 50 2007, or covering the period July 1, 2007 to June 30, 2008, or covering 51 the period July 1, 2008 to June 30, 2009, or covering the period July 1, 52 2009 to June 30, 2010, or covering the period July 1, 2010 to June 30, 53 2011, or covering the period July 1, 2011 to June 30, 2012, or covering 54 the period July 1, 2012 to June 30, 2013, or covering the period July 1, 55 2013 to June 30, 2014, or covering the period July 1, 2014 to June 30, 56 2015, or covering the period July 1, 2015 to June 30, 2016, or covering 
 S. 3007 29 A. 3007 1 the period July 1, 2016 to June 30, 2017, or covering the period July 1, 2 2017 to June 30, 2018, or covering the period July 1, 2018 to June 30, 3 2019, or covering the period July 1, 2019 to June 30, 2020, or covering 4 the period July 1, 2020 to June 30, 2021, or covering the period July 1, 5 2021 to June 30, 2022, or covering the period July 1, 2022 to June 30, 6 2023, or covering the period July 1, 2023 to June 30, 2024, or covering 7 the period July 1, 2024 to June 30, 2025, or covering the period July 1, 8 2025 to June 30, 2026 determined in accordance with paragraph (a) of 9 this subdivision fails, refuses or neglects to make payment to the 10 provider of excess insurance coverage or equivalent excess coverage in 11 such time and manner as determined by the superintendent of financial 12 services pursuant to paragraph (b) of this subdivision, excess insurance 13 coverage or equivalent excess coverage purchased for such physician or 14 dentist in accordance with this section for such coverage period shall 15 be cancelled and shall be null and void as of the first day on or after 16 the commencement of a policy period where the liability for payment 17 pursuant to this subdivision has not been met. 18 (d) Each provider of excess insurance coverage or equivalent excess 19 coverage shall notify the superintendent of financial services and the 20 commissioner of health or their designee of each physician and dentist 21 eligible for purchase of a policy for excess insurance coverage or 22 equivalent excess coverage covering the period July 1, 1992 to June 30, 23 1993, or covering the period July 1, 1993 to June 30, 1994, or covering 24 the period July 1, 1994 to June 30, 1995, or covering the period July 1, 25 1995 to June 30, 1996, or covering the period July 1, 1996 to June 30, 26 1997, or covering the period July 1, 1997 to June 30, 1998, or covering 27 the period July 1, 1998 to June 30, 1999, or covering the period July 1, 28 1999 to June 30, 2000, or covering the period July 1, 2000 to June 30, 29 2001, or covering the period July 1, 2001 to October 29, 2001, or cover- 30 ing the period April 1, 2002 to June 30, 2002, or covering the period 31 July 1, 2002 to June 30, 2003, or covering the period July 1, 2003 to 32 June 30, 2004, or covering the period July 1, 2004 to June 30, 2005, or 33 covering the period July 1, 2005 to June 30, 2006, or covering the peri- 34 od July 1, 2006 to June 30, 2007, or covering the period July 1, 2007 to 35 June 30, 2008, or covering the period July 1, 2008 to June 30, 2009, or 36 covering the period July 1, 2009 to June 30, 2010, or covering the peri- 37 od July 1, 2010 to June 30, 2011, or covering the period July 1, 2011 to 38 June 30, 2012, or covering the period July 1, 2012 to June 30, 2013, or 39 covering the period July 1, 2013 to June 30, 2014, or covering the peri- 40 od July 1, 2014 to June 30, 2015, or covering the period July 1, 2015 to 41 June 30, 2016, or covering the period July 1, 2016 to June 30, 2017, or 42 covering the period July 1, 2017 to June 30, 2018, or covering the peri- 43 od July 1, 2018 to June 30, 2019, or covering the period July 1, 2019 to 44 June 30, 2020, or covering the period July 1, 2020 to June 30, 2021, or 45 covering the period July 1, 2021 to June 30, 2022, or covering the peri- 46 od July 1, 2022 to June 30, 2023, or covering the period July 1, 2023 to 47 June 30, 2024, or covering the period July 1, 2024 to June 30, 2025, or 48 covering the period July 1, 2025 to June 30, 2026 that has made payment 49 to such provider of excess insurance coverage or equivalent excess 50 coverage in accordance with paragraph (b) of this subdivision and of 51 each physician and dentist who has failed, refused or neglected to make 52 such payment. 53 (e) A provider of excess insurance coverage or equivalent excess 54 coverage shall refund to the hospital excess liability pool any amount 55 allocable to the period July 1, 1992 to June 30, 1993, and to the period 56 July 1, 1993 to June 30, 1994, and to the period July 1, 1994 to June 
 S. 3007 30 A. 3007 1 30, 1995, and to the period July 1, 1995 to June 30, 1996, and to the 2 period July 1, 1996 to June 30, 1997, and to the period July 1, 1997 to 3 June 30, 1998, and to the period July 1, 1998 to June 30, 1999, and to 4 the period July 1, 1999 to June 30, 2000, and to the period July 1, 2000 5 to June 30, 2001, and to the period July 1, 2001 to October 29, 2001, 6 and to the period April 1, 2002 to June 30, 2002, and to the period July 7 1, 2002 to June 30, 2003, and to the period July 1, 2003 to June 30, 8 2004, and to the period July 1, 2004 to June 30, 2005, and to the period 9 July 1, 2005 to June 30, 2006, and to the period July 1, 2006 to June 10 30, 2007, and to the period July 1, 2007 to June 30, 2008, and to the 11 period July 1, 2008 to June 30, 2009, and to the period July 1, 2009 to 12 June 30, 2010, and to the period July 1, 2010 to June 30, 2011, and to 13 the period July 1, 2011 to June 30, 2012, and to the period July 1, 2012 14 to June 30, 2013, and to the period July 1, 2013 to June 30, 2014, and 15 to the period July 1, 2014 to June 30, 2015, and to the period July 1, 16 2015 to June 30, 2016, to the period July 1, 2016 to June 30, 2017, and 17 to the period July 1, 2017 to June 30, 2018, and to the period July 1, 18 2018 to June 30, 2019, and to the period July 1, 2019 to June 30, 2020, 19 and to the period July 1, 2020 to June 30, 2021, and to the period July 20 1, 2021 to June 30, 2022, and to the period July 1, 2022 to June 30, 21 2023, and to the period July 1, 2023 to June 30, 2024, and to the period 22 July 1, 2024 to June 30, 2025, and to the period July 1, 2025 to June 23 30, 2026 received from the hospital excess liability pool for purchase 24 of excess insurance coverage or equivalent excess coverage covering the 25 period July 1, 1992 to June 30, 1993, and covering the period July 1, 26 1993 to June 30, 1994, and covering the period July 1, 1994 to June 30, 27 1995, and covering the period July 1, 1995 to June 30, 1996, and cover- 28 ing the period July 1, 1996 to June 30, 1997, and covering the period 29 July 1, 1997 to June 30, 1998, and covering the period July 1, 1998 to 30 June 30, 1999, and covering the period July 1, 1999 to June 30, 2000, 31 and covering the period July 1, 2000 to June 30, 2001, and covering the 32 period July 1, 2001 to October 29, 2001, and covering the period April 33 1, 2002 to June 30, 2002, and covering the period July 1, 2002 to June 34 30, 2003, and covering the period July 1, 2003 to June 30, 2004, and 35 covering the period July 1, 2004 to June 30, 2005, and covering the 36 period July 1, 2005 to June 30, 2006, and covering the period July 1, 37 2006 to June 30, 2007, and covering the period July 1, 2007 to June 30, 38 2008, and covering the period July 1, 2008 to June 30, 2009, and cover- 39 ing the period July 1, 2009 to June 30, 2010, and covering the period 40 July 1, 2010 to June 30, 2011, and covering the period July 1, 2011 to 41 June 30, 2012, and covering the period July 1, 2012 to June 30, 2013, 42 and covering the period July 1, 2013 to June 30, 2014, and covering the 43 period July 1, 2014 to June 30, 2015, and covering the period July 1, 44 2015 to June 30, 2016, and covering the period July 1, 2016 to June 30, 45 2017, and covering the period July 1, 2017 to June 30, 2018, and cover- 46 ing the period July 1, 2018 to June 30, 2019, and covering the period 47 July 1, 2019 to June 30, 2020, and covering the period July 1, 2020 to 48 June 30, 2021, and covering the period July 1, 2021 to June 30, 2022, 49 and covering the period July 1, 2022 to June 30, 2023 for, and covering 50 the period July 1, 2023 to June 30, 2024, and covering the period July 51 1, 2024 to June 30, 2025, and covering the period July 1, 2025 to June 52 30, 2026 a physician or dentist where such excess insurance coverage or 53 equivalent excess coverage is cancelled in accordance with paragraph (c) 54 of this subdivision. 55 § 4. Section 40 of chapter 266 of the laws of 1986, amending the civil 56 practice law and rules and other laws relating to malpractice and 
 S. 3007 31 A. 3007 1 professional medical conduct, as amended by section 4 of part K of chap- 2 ter 57 of the laws of 2024, is amended to read as follows: 3 § 40. The superintendent of financial services shall establish rates 4 for policies providing coverage for physicians and surgeons medical 5 malpractice for the periods commencing July 1, 1985 and ending June 30, 6 [2025] 2026; provided, however, that notwithstanding any other provision 7 of law, the superintendent shall not establish or approve any increase 8 in rates for the period commencing July 1, 2009 and ending June 30, 9 2010. The superintendent shall direct insurers to establish segregated 10 accounts for premiums, payments, reserves and investment income attrib- 11 utable to such premium periods and shall require periodic reports by the 12 insurers regarding claims and expenses attributable to such periods to 13 monitor whether such accounts will be sufficient to meet incurred claims 14 and expenses. On or after July 1, 1989, the superintendent shall impose 15 a surcharge on premiums to satisfy a projected deficiency that is 16 attributable to the premium levels established pursuant to this section 17 for such periods; provided, however, that such annual surcharge shall 18 not exceed eight percent of the established rate until July 1, [2025] 19 2026, at which time and thereafter such surcharge shall not exceed twen- 20 ty-five percent of the approved adequate rate, and that such annual 21 surcharges shall continue for such period of time as shall be sufficient 22 to satisfy such deficiency. The superintendent shall not impose such 23 surcharge during the period commencing July 1, 2009 and ending June 30, 24 2010. On and after July 1, 1989, the surcharge prescribed by this 25 section shall be retained by insurers to the extent that they insured 26 physicians and surgeons during the July 1, 1985 through June 30, [2025] 27 2026 policy periods; in the event and to the extent physicians and 28 surgeons were insured by another insurer during such periods, all or a 29 pro rata share of the surcharge, as the case may be, shall be remitted 30 to such other insurer in accordance with rules and regulations to be 31 promulgated by the superintendent. Surcharges collected from physicians 32 and surgeons who were not insured during such policy periods shall be 33 apportioned among all insurers in proportion to the premium written by 34 each insurer during such policy periods; if a physician or surgeon was 35 insured by an insurer subject to rates established by the superintendent 36 during such policy periods, and at any time thereafter a hospital, 37 health maintenance organization, employer or institution is responsible 38 for responding in damages for liability arising out of such physician's 39 or surgeon's practice of medicine, such responsible entity shall also 40 remit to such prior insurer the equivalent amount that would then be 41 collected as a surcharge if the physician or surgeon had continued to 42 remain insured by such prior insurer. In the event any insurer that 43 provided coverage during such policy periods is in liquidation, the 44 property/casualty insurance security fund shall receive the portion of 45 surcharges to which the insurer in liquidation would have been entitled. 46 The surcharges authorized herein shall be deemed to be income earned for 47 the purposes of section 2303 of the insurance law. The superintendent, 48 in establishing adequate rates and in determining any projected defi- 49 ciency pursuant to the requirements of this section and the insurance 50 law, shall give substantial weight, determined in his discretion and 51 judgment, to the prospective anticipated effect of any regulations 52 promulgated and laws enacted and the public benefit of stabilizing 53 malpractice rates and minimizing rate level fluctuation during the peri- 54 od of time necessary for the development of more reliable statistical 55 experience as to the efficacy of such laws and regulations affecting 56 medical, dental or podiatric malpractice enacted or promulgated in 1985, 
 S. 3007 32 A. 3007 1 1986, by this act and at any other time. Notwithstanding any provision 2 of the insurance law, rates already established and to be established by 3 the superintendent pursuant to this section are deemed adequate if such 4 rates would be adequate when taken together with the maximum authorized 5 annual surcharges to be imposed for a reasonable period of time whether 6 or not any such annual surcharge has been actually imposed as of the 7 establishment of such rates. 8 § 5. Section 5 and subdivisions (a) and (e) of section 6 of part J of 9 chapter 63 of the laws of 2001, amending chapter 266 of the laws of 10 1986, amending the civil practice law and rules and other laws relating 11 to malpractice and professional medical conduct, as amended by section 5 12 of part K of chapter 57 of the laws of 2024, are amended to read as 13 follows: 14 § 5. The superintendent of financial services and the commissioner of 15 health shall determine, no later than June 15, 2002, June 15, 2003, June 16 15, 2004, June 15, 2005, June 15, 2006, June 15, 2007, June 15, 2008, 17 June 15, 2009, June 15, 2010, June 15, 2011, June 15, 2012, June 15, 18 2013, June 15, 2014, June 15, 2015, June 15, 2016, June 15, 2017, June 19 15, 2018, June 15, 2019, June 15, 2020, June 15, 2021, June 15, 2022, 20 June 15, 2023, June 15, 2024, [and] June 15, 2025, and June 15, 2026 the 21 amount of funds available in the hospital excess liability pool, created 22 pursuant to section 18 of chapter 266 of the laws of 1986, and whether 23 such funds are sufficient for purposes of purchasing excess insurance 24 coverage for eligible participating physicians and dentists during the 25 period July 1, 2001 to June 30, 2002, or July 1, 2002 to June 30, 2003, 26 or July 1, 2003 to June 30, 2004, or July 1, 2004 to June 30, 2005, or 27 July 1, 2005 to June 30, 2006, or July 1, 2006 to June 30, 2007, or July 28 1, 2007 to June 30, 2008, or July 1, 2008 to June 30, 2009, or July 1, 29 2009 to June 30, 2010, or July 1, 2010 to June 30, 2011, or July 1, 2011 30 to June 30, 2012, or July 1, 2012 to June 30, 2013, or July 1, 2013 to 31 June 30, 2014, or July 1, 2014 to June 30, 2015, or July 1, 2015 to June 32 30, 2016, or July 1, 2016 to June 30, 2017, or July 1, 2017 to June 30, 33 2018, or July 1, 2018 to June 30, 2019, or July 1, 2019 to June 30, 34 2020, or July 1, 2020 to June 30, 2021, or July 1, 2021 to June 30, 35 2022, or July 1, 2022 to June 30, 2023, or July 1, 2023 to June 30, 36 2024, or July 1, 2024 to June 30, 2025, or July 1, 2025 to June 30, 2026 37 as applicable. 38 (a) This section shall be effective only upon a determination, pursu- 39 ant to section five of this act, by the superintendent of financial 40 services and the commissioner of health, and a certification of such 41 determination to the state director of the budget, the chair of the 42 senate committee on finance and the chair of the assembly committee on 43 ways and means, that the amount of funds in the hospital excess liabil- 44 ity pool, created pursuant to section 18 of chapter 266 of the laws of 45 1986, is insufficient for purposes of purchasing excess insurance cover- 46 age for eligible participating physicians and dentists during the period 47 July 1, 2001 to June 30, 2002, or July 1, 2002 to June 30, 2003, or July 48 1, 2003 to June 30, 2004, or July 1, 2004 to June 30, 2005, or July 1, 49 2005 to June 30, 2006, or July 1, 2006 to June 30, 2007, or July 1, 2007 50 to June 30, 2008, or July 1, 2008 to June 30, 2009, or July 1, 2009 to 51 June 30, 2010, or July 1, 2010 to June 30, 2011, or July 1, 2011 to June 52 30, 2012, or July 1, 2012 to June 30, 2013, or July 1, 2013 to June 30, 53 2014, or July 1, 2014 to June 30, 2015, or July 1, 2015 to June 30, 54 2016, or July 1, 2016 to June 30, 2017, or July 1, 2017 to June 30, 55 2018, or July 1, 2018 to June 30, 2019, or July 1, 2019 to June 30, 56 2020, or July 1, 2020 to June 30, 2021, or July 1, 2021 to June 30, 
 S. 3007 33 A. 3007 1 2022, or July 1, 2022 to June 30, 2023, or July 1, 2023 to June 30, 2 2024, or July 1, 2024 to June 30, 2025, or July 1, 2025 to June 30, 2026 3 as applicable. 4 (e) The commissioner of health shall transfer for deposit to the 5 hospital excess liability pool created pursuant to section 18 of chapter 6 266 of the laws of 1986 such amounts as directed by the superintendent 7 of financial services for the purchase of excess liability insurance 8 coverage for eligible participating physicians and dentists for the 9 policy year July 1, 2001 to June 30, 2002, or July 1, 2002 to June 30, 10 2003, or July 1, 2003 to June 30, 2004, or July 1, 2004 to June 30, 11 2005, or July 1, 2005 to June 30, 2006, or July 1, 2006 to June 30, 12 2007, as applicable, and the cost of administering the hospital excess 13 liability pool for such applicable policy year, pursuant to the program 14 established in chapter 266 of the laws of 1986, as amended, no later 15 than June 15, 2002, June 15, 2003, June 15, 2004, June 15, 2005, June 16 15, 2006, June 15, 2007, June 15, 2008, June 15, 2009, June 15, 2010, 17 June 15, 2011, June 15, 2012, June 15, 2013, June 15, 2014, June 15, 18 2015, June 15, 2016, June 15, 2017, June 15, 2018, June 15, 2019, June 19 15, 2020, June 15, 2021, June 15, 2022, June 15, 2023, June 15, 2024, 20 [and] June 15, 2025, and June 15, 2026 as applicable. 21 § 6. Section 20 of part H of chapter 57 of the laws of 2017, amending 22 the New York Health Care Reform Act of 1996 and other laws relating to 23 extending certain provisions thereto, as amended by section 6 of part K 24 of chapter 57 of the laws of 2024, is amended to read as follows: 25 § 20. Notwithstanding any law, rule or regulation to the contrary, 26 only physicians or dentists who were eligible, and for whom the super- 27 intendent of financial services and the commissioner of health, or their 28 designee, purchased, with funds available in the hospital excess liabil- 29 ity pool, a full or partial policy for excess coverage or equivalent 30 excess coverage for the coverage period ending the thirtieth of June, 31 two thousand [twenty-four] twenty-five, shall be eligible to apply for 32 such coverage for the coverage period beginning the first of July, two 33 thousand [twenty-four] twenty-five; provided, however, if the total 34 number of physicians or dentists for whom such excess coverage or equiv- 35 alent excess coverage was purchased for the policy year ending the thir- 36 tieth of June, two thousand [twenty-four] twenty-five exceeds the total 37 number of physicians or dentists certified as eligible for the coverage 38 period beginning the first of July, two thousand [twenty-four] twenty- 39 five, then the general hospitals may certify additional eligible physi- 40 cians or dentists in a number equal to such general hospital's propor- 41 tional share of the total number of physicians or dentists for whom 42 excess coverage or equivalent excess coverage was purchased with funds 43 available in the hospital excess liability pool as of the thirtieth of 44 June, two thousand [twenty-four] twenty-five, as applied to the differ- 45 ence between the number of eligible physicians or dentists for whom a 46 policy for excess coverage or equivalent excess coverage was purchased 47 for the coverage period ending the thirtieth of June, two thousand 48 [twenty-four] twenty-five and the number of such eligible physicians or 49 dentists who have applied for excess coverage or equivalent excess 50 coverage for the coverage period beginning the first of July, two thou- 51 sand [twenty-four] twenty-five. 52 § 7. This act shall take effect immediately and shall be deemed to 53 have been in full force and effect on and after April 1, 2025. 54 PART H 
 S. 3007 34 A. 3007 1 Section 1. Section 461-s of the social services law is REPEALED. 2 § 2. Paragraph (c) of subdivision 1 of section 461-b of the social 3 services law is REPEALED. 4 § 3. Subdivision 1, paragraph (f) of subdivision 3, paragraphs (a) and 5 (d) of subdivision 5 and subdivisions 5-a and 12 of section 2807-m of 6 the public health law, subdivision 1, paragraph (f) of subdivision 3, 7 paragraph (a) of subdivision 5 and subdivision 12 as amended and para- 8 graph (d) of subdivision 5 as added by section 6 of part Y of chapter 56 9 of the laws of 2020 and subdivision 5-a as amended by section 6 of part 10 C of chapter 57 of the laws of 2023, are amended to read as follows: 11 1. Definitions. For purposes of this section, the following defi- 12 nitions shall apply, unless the context clearly requires otherwise: 13 (a) ["Clinical research" means patient-oriented research, epidemiolog- 14 ic and behavioral studies, or outcomes research and health services 15 research that is approved by an institutional review board by the time 16 the clinical research position is filled. 17 (b) "Clinical research plan" means a plan submitted by a consortium or 18 teaching general hospital for a clinical research position which demon- 19 strates, in a form to be provided by the commissioner, the following: 20 (i) financial support for overhead, supervision, equipment and other 21 resources equal to the amount of funding provided pursuant to subpara- 22 graph (i) of paragraph (b) of subdivision five-a of this section by the 23 teaching general hospital or consortium for the clinical research posi- 24 tion; 25 (ii) experience the sponsor-mentor and teaching general hospital has 26 in clinical research and the medical field of the study; 27 (iii) methods, data collection and anticipated measurable outcomes of 28 the clinical research to be performed; 29 (iv) training goals, objectives and experience the researcher will be 30 provided to assess a future career in clinical research; 31 (v) scientific relevance, merit and health implications of the 32 research to be performed; 33 (vi) information on potential scientific meetings and peer review 34 journals where research results can be disseminated; 35 (vii) clear and comprehensive details on the clinical research posi- 36 tion; 37 (viii) qualifications necessary for the clinical research position and 38 strategy for recruitment; 39 (ix) non-duplication with other clinical research positions from the 40 same teaching general hospital or consortium; 41 (x) methods to track the career of the clinical researcher once the 42 term of the position is complete; and 43 (xi) any other information required by the commissioner to implement 44 subparagraph (i) of paragraph (b) of subdivision five-a of this section. 45 (xii) The clinical review plan submitted in accordance with this para- 46 graph may be reviewed by the commissioner in consultation with experts 47 outside the department of health. 48 (c) "Clinical research position" means a post-graduate residency posi- 49 tion which: 50 (i) shall not be required in order for the researcher to complete a 51 graduate medical education program; 52 (ii) may be reimbursed by other sources but only for costs in excess 53 of the funding distributed in accordance with subparagraph (i) of para- 54 graph (b) of subdivision five-a of this section; 
 S. 3007 35 A. 3007 1 (iii) shall exceed the minimum standards that are required by the 2 residency review committee in the specialty the researcher has trained 3 or is currently training; 4 (iv) shall not be previously funded by the teaching general hospital 5 or supported by another funding source at the teaching general hospital 6 in the past three years from the date the clinical research plan is 7 submitted to the commissioner; 8 (v) may supplement an existing research project; 9 (vi) shall be equivalent to a full-time position comprising of no less 10 than thirty-five hours per week for one or two years; 11 (vii) shall provide, or be filled by a researcher who has formalized 12 instruction in clinical research, including biostatistics, clinical 13 trial design, grant writing and research ethics; 14 (viii) shall be supervised by a sponsor-mentor who shall either (A) be 15 employed, contracted for employment or paid through an affiliated facul- 16 ty practice plan by a teaching general hospital which has received at 17 least one research grant from the National Institutes of Health in the 18 past five years from the date the clinical research plan is submitted to 19 the commissioner; (B) maintain a faculty appointment at a medical, 20 dental or podiatric school located in New York state that has received 21 at least one research grant from the National Institutes of Health in 22 the past five years from the date the clinical research plan is submit- 23 ted to the commissioner; or (C) be collaborating in the clinical 24 research plan with a researcher from another institution that has 25 received at least one research grant from the National Institutes of 26 Health in the past five years from the date the clinical research plan 27 is submitted to the commissioner; and 28 (ix) shall be filled by a researcher who is (A) enrolled or has 29 completed a graduate medical education program, as defined in paragraph 30 (i) of this subdivision; (B) a United States citizen, national, or 31 permanent resident of the United States; and (C) a graduate of a 32 medical, dental or podiatric school located in New York state, a gradu- 33 ate or resident in a graduate medical education program, as defined in 34 paragraph (i) of this subdivision, where the sponsoring institution, as 35 defined in paragraph (q) of this subdivision, is located in New York 36 state, or resides in New York state at the time the clinical research 37 plan is submitted to the commissioner. 38 (d)] "Consortium" means an organization or association, approved by 39 the commissioner in consultation with the council, of general hospitals 40 which provide graduate medical education, together with any affiliated 41 site; provided that such organization or association may also include 42 other providers of health care services, medical schools, payors or 43 consumers, and which meet other criteria pursuant to subdivision six of 44 this section. 45 [(e)] (b) "Council" means the New York state council on graduate 46 medical education. 47 [(f)] (c) "Direct medical education" means the direct costs of resi- 48 dents, interns and supervising physicians. 49 [(g)] (d) "Distribution period" means each calendar year set forth in 50 subdivision two of this section. 51 [(h)] (e) "Faculty" means persons who are employed by or under 52 contract for employment with a teaching general hospital or are paid 53 through a teaching general hospital's affiliated faculty practice plan 54 and maintain a faculty appointment at a medical school. Such persons 55 shall not be limited to persons with a degree in medicine. 
 S. 3007 36 A. 3007 1 [(i)] (f) "Graduate medical education program" means a post-graduate 2 medical education residency in the United States which has received 3 accreditation from a nationally recognized accreditation body or has 4 been approved by a nationally recognized organization for medical, 5 osteopathic, podiatric or dental residency programs including, but not 6 limited to, specialty boards. 7 [(j)] (g) "Indirect medical education" means the estimate of costs, 8 other than direct costs, of educational activities in teaching hospitals 9 as determined in accordance with the methodology applicable for purposes 10 of determining an estimate of indirect medical education costs for 11 reimbursement for inpatient hospital service pursuant to title XVIII of 12 the federal social security act (medicare). 13 [(k)] (h) "Medicare" means the methodology used for purposes of reim- 14 bursing inpatient hospital services provided to beneficiaries of title 15 XVIII of the federal social security act. 16 [(l)] (i) "Primary care" residents specialties shall include family 17 medicine, general pediatrics, primary care internal medicine, and prima- 18 ry care obstetrics and gynecology. In determining whether a residency is 19 in primary care, the commissioner shall consult with the council. 20 [(m)] (j) "Regions", for purposes of this section, shall mean the 21 regions as defined in paragraph (b) of subdivision sixteen of section 22 twenty-eight hundred seven-c of this article as in effect on June thir- 23 tieth, nineteen hundred ninety-six. For purposes of distributions pursu- 24 ant to subdivision five-a of this section, except distributions made in 25 accordance with paragraph (a) of subdivision five-a of this section, 26 "regions" shall be defined as New York city and the rest of the state. 27 [(n)] (k) "Regional pool" means a professional education pool estab- 28 lished on a regional basis by the commissioner from funds available 29 pursuant to sections twenty-eight hundred seven-s and twenty-eight 30 hundred seven-t of this article. 31 [(o)] (l) "Resident" means a person in a graduate medical education 32 program which has received accreditation from a nationally recognized 33 accreditation body or in a program approved by any other nationally 34 recognized organization for medical, osteopathic or dental residency 35 programs including, but not limited to, specialty boards. 36 [(p) "Shortage specialty" means a specialty determined by the commis- 37 sioner, in consultation with the council, to be in short supply in the 38 state of New York. 39 (q)] (m) "Sponsoring institution" means the entity that has the over- 40 all responsibility for a program of graduate medical education. Such 41 institutions shall include teaching general hospitals, medical schools, 42 consortia and diagnostic and treatment centers. 43 [(r)] (n) "Weighted resident count" means a teaching general hospi- 44 tal's total number of residents as of July first, nineteen hundred nine- 45 ty-five, including residents in affiliated non-hospital ambulatory 46 settings, reported to the commissioner. Such resident counts shall 47 reflect the weights established in accordance with rules and regulations 48 adopted by the state hospital review and planning council and approved 49 by the commissioner for purposes of implementing subdivision twenty-five 50 of section twenty-eight hundred seven-c of this article and in effect on 51 July first, nineteen hundred ninety-five. Such weights shall not be 52 applied to specialty hospitals, specified by the commissioner, whose 53 primary care mission is to engage in research, training and clinical 54 care in specialty eye and ear, special surgery, orthopedic, joint 55 disease, cancer, chronic care or rehabilitative services. 
 S. 3007 37 A. 3007 1 [(s)] (o) "Adjustment amount" means an amount determined for each 2 teaching hospital for periods prior to January first, two thousand nine 3 by: 4 (i) determining the difference between (A) a calculation of what each 5 teaching general hospital would have been paid if payments made pursuant 6 to paragraph (a-3) of subdivision one of section twenty-eight hundred 7 seven-c of this article between January first, nineteen hundred ninety- 8 six and December thirty-first, two thousand three were based solely on 9 the case mix of persons eligible for medical assistance under the 10 medical assistance program pursuant to title eleven of article five of 11 the social services law who are enrolled in health maintenance organiza- 12 tions and persons paid for under the family health plus program enrolled 13 in approved organizations pursuant to title eleven-D of article five of 14 the social services law during those years, and (B) the actual payments 15 to each such hospital pursuant to paragraph (a-3) of subdivision one of 16 section twenty-eight hundred seven-c of this article between January 17 first, nineteen hundred ninety-six and December thirty-first, two thou- 18 sand three. 19 (ii) reducing proportionally each of the amounts determined in subpar- 20 agraph (i) of this paragraph so that the sum of all such amounts totals 21 no more than one hundred million dollars; 22 (iii) further reducing each of the amounts determined in subparagraph 23 (ii) of this paragraph by the amount received by each hospital as a 24 distribution from funds designated in paragraph (a) of subdivision five 25 of this section attributable to the period January first, two thousand 26 three through December thirty-first, two thousand three, except that if 27 such amount was provided to a consortium then the amount of the 28 reduction for each hospital in the consortium shall be determined by 29 applying the proportion of each hospital's amount determined under 30 subparagraph (i) of this paragraph to the total of such amounts of all 31 hospitals in such consortium to the consortium award; 32 (iv) further reducing each of the amounts determined in subparagraph 33 (iii) of this paragraph by the amounts specified in paragraph [(t)] (p) 34 of this subdivision; and 35 (v) dividing each of the amounts determined in subparagraph (iii) of 36 this paragraph by seven. 37 [(t)] (p) "Extra reduction amount" shall mean an amount determined for 38 a teaching hospital for which an adjustment amount is calculated pursu- 39 ant to paragraph [(s)] (o) of this subdivision that is the hospital's 40 proportionate share of the sum of the amounts specified in paragraph 41 [(u)] (q) of this subdivision determined based upon a comparison of the 42 hospital's remaining liability calculated pursuant to paragraph [(s)] 43 (o) of this subdivision to the sum of all such hospital's remaining 44 liabilities. 45 [(u)] (q) "Allotment amount" shall mean an amount determined for 46 teaching hospitals as follows: 47 (i) for a hospital for which an adjustment amount pursuant to para- 48 graph [(s)] (o) of this subdivision does not apply, the amount received 49 by the hospital pursuant to paragraph (a) of subdivision five of this 50 section attributable to the period January first, two thousand three 51 through December thirty-first, two thousand three, or 52 (ii) for a hospital for which an adjustment amount pursuant to para- 53 graph [(s)] (o) of this subdivision applies and which received a 54 distribution pursuant to paragraph (a) of subdivision five of this 55 section attributable to the period January first, two thousand three 56 through December thirty-first, two thousand three that is greater than 
 S. 3007 38 A. 3007 1 the hospital's adjustment amount, the difference between the distrib- 2 ution amount and the adjustment amount. 3 (f) Effective January first, two thousand five through December thir- 4 ty-first, two thousand eight, each teaching general hospital shall 5 receive a distribution from the applicable regional pool based on its 6 distribution amount determined under paragraphs (c), (d) and (e) of this 7 subdivision and reduced by its adjustment amount calculated pursuant to 8 paragraph [(s)] (o) of subdivision one of this section and, for distrib- 9 utions for the period January first, two thousand five through December 10 thirty-first, two thousand five, further reduced by its extra reduction 11 amount calculated pursuant to paragraph [(t)] (p) of subdivision one of 12 this section. 13 (a) Up to thirty-one million dollars annually for the periods January 14 first, two thousand through December thirty-first, two thousand three, 15 and up to twenty-five million dollars plus the sum of the amounts speci- 16 fied in paragraph [(n)] (k) of subdivision one of this section for the 17 period January first, two thousand five through December thirty-first, 18 two thousand five, and up to thirty-one million dollars annually for the 19 period January first, two thousand six through December thirty-first, 20 two thousand seven, shall be set aside and reserved by the commissioner 21 from the regional pools established pursuant to subdivision two of this 22 section for supplemental distributions in each such region to be made by 23 the commissioner to consortia and teaching general hospitals in accord- 24 ance with a distribution methodology developed in consultation with the 25 council and specified in rules and regulations adopted by the commis- 26 sioner. 27 (d) Notwithstanding any other provision of law or regulation, for the 28 period January first, two thousand five through December thirty-first, 29 two thousand five, the commissioner shall distribute as supplemental 30 payments the allotment specified in paragraph [(n)] (k) of subdivision 31 one of this section. 32 5-a. Graduate medical education innovations pool. (a) Supplemental 33 distributions. (i) Thirty-one million dollars for the period January 34 first, two thousand eight through December thirty-first, two thousand 35 eight, shall be set aside and reserved by the commissioner from the 36 regional pools established pursuant to subdivision two of this section 37 and shall be available for distributions pursuant to subdivision five of 38 this section and in accordance with section 86-1.89 of title 10 of the 39 codes, rules and regulations of the state of New York as in effect on 40 January first, two thousand eight[; provided, however, for purposes of 41 funding the empire clinical research investigation program (ECRIP) in 42 accordance with paragraph eight of subdivision (e) and paragraph two of 43 subdivision (f) of section 86-1.89 of title 10 of the codes, rules and 44 regulations of the state of New York, distributions shall be made using 45 two regions defined as New York city and the rest of the state and the 46 dollar amount set forth in subparagraph (i) of paragraph two of subdivi- 47 sion (f) of section 86-1.89 of title 10 of the codes, rules and regu- 48 lations of the state of New York shall be increased from sixty thousand 49 dollars to seventy-five thousand dollars]. 50 (ii) For periods on and after January first, two thousand nine, 51 supplemental distributions pursuant to subdivision five of this section 52 and in accordance with section 86-1.89 of title 10 of the codes, rules 53 and regulations of the state of New York shall no longer be made and the 54 provisions of section 86-1.89 of title 10 of the codes, rules and regu- 55 lations of the state of New York shall be null and void. 
 S. 3007 39 A. 3007 1 (b) [Empire clinical research investigator program (ECRIP). Nine 2 million one hundred twenty thousand dollars annually for the period 3 January first, two thousand nine through December thirty-first, two 4 thousand ten, and two million two hundred eighty thousand dollars for 5 the period January first, two thousand eleven, through March thirty- 6 first, two thousand eleven, nine million one hundred twenty thousand 7 dollars each state fiscal year for the period April first, two thousand 8 eleven through March thirty-first, two thousand fourteen, up to eight 9 million six hundred twelve thousand dollars each state fiscal year for 10 the period April first, two thousand fourteen through March thirty- 11 first, two thousand seventeen, up to eight million six hundred twelve 12 thousand dollars each state fiscal year for the period April first, two 13 thousand seventeen through March thirty-first, two thousand twenty, up 14 to eight million six hundred twelve thousand dollars each state fiscal 15 year for the period April first, two thousand twenty through March thir- 16 ty-first, two thousand twenty-three, and up to eight million six hundred 17 twelve thousand dollars each state fiscal year for the period April 18 first, two thousand twenty-three through March thirty-first, two thou- 19 sand twenty-six, shall be set aside and reserved by the commissioner 20 from the regional pools established pursuant to subdivision two of this 21 section to be allocated regionally with two-thirds of the available 22 funding going to New York city and one-third of the available funding 23 going to the rest of the state and shall be available for distribution 24 as follows: 25 Distributions shall first be made to consortia and teaching general 26 hospitals for the empire clinical research investigator program (ECRIP) 27 to help secure federal funding for biomedical research, train clinical 28 researchers, recruit national leaders as faculty to act as mentors, and 29 train residents and fellows in biomedical research skills based on 30 hospital-specific data submitted to the commissioner by consortia and 31 teaching general hospitals in accordance with clause (G) of this subpar- 32 agraph. Such distributions shall be made in accordance with the follow- 33 ing methodology: 34 (A) The greatest number of clinical research positions for which a 35 consortium or teaching general hospital may be funded pursuant to this 36 subparagraph shall be one percent of the total number of residents 37 training at the consortium or teaching general hospital on July first, 38 two thousand eight for the period January first, two thousand nine 39 through December thirty-first, two thousand nine rounded up to the near- 40 est one position. 41 (B) Distributions made to a consortium or teaching general hospital 42 shall equal the product of the total number of clinical research posi- 43 tions submitted by a consortium or teaching general hospital and 44 accepted by the commissioner as meeting the criteria set forth in para- 45 graph (b) of subdivision one of this section, subject to the reduction 46 calculation set forth in clause (C) of this subparagraph, times one 47 hundred ten thousand dollars. 48 (C) If the dollar amount for the total number of clinical research 49 positions in the region calculated pursuant to clause (B) of this 50 subparagraph exceeds the total amount appropriated for purposes of this 51 paragraph, including clinical research positions that continue from and 52 were funded in prior distribution periods, the commissioner shall elimi- 53 nate one-half of the clinical research positions submitted by each 54 consortium or teaching general hospital rounded down to the nearest one 55 position. Such reduction shall be repeated until the dollar amount for 56 the total number of clinical research positions in the region does not 
 S. 3007 40 A. 3007 1 exceed the total amount appropriated for purposes of this paragraph. If 2 the repeated reduction of the total number of clinical research posi- 3 tions in the region by one-half does not render a total funding amount 4 that is equal to or less than the total amount reserved for that region 5 within the appropriation, the funding for each clinical research posi- 6 tion in that region shall be reduced proportionally in one thousand 7 dollar increments until the total dollar amount for the total number of 8 clinical research positions in that region does not exceed the total 9 amount reserved for that region within the appropriation. Any reduction 10 in funding will be effective for the duration of the award. No clinical 11 research positions that continue from and were funded in prior distrib- 12 ution periods shall be eliminated or reduced by such methodology. 13 (D) Each consortium or teaching general hospital shall receive its 14 annual distribution amount in accordance with the following: 15 (I) Each consortium or teaching general hospital with a one-year ECRIP 16 award shall receive its annual distribution amount in full upon 17 completion of the requirements set forth in items (I) and (II) of clause 18 (G) of this subparagraph. The requirements set forth in items (IV) and 19 (V) of clause (G) of this subparagraph must be completed by the consor- 20 tium or teaching general hospital in order for the consortium or teach- 21 ing general hospital to be eligible to apply for ECRIP funding in any 22 subsequent funding cycle. 23 (II) Each consortium or teaching general hospital with a two-year 24 ECRIP award shall receive its first annual distribution amount in full 25 upon completion of the requirements set forth in items (I) and (II) of 26 clause (G) of this subparagraph. Each consortium or teaching general 27 hospital will receive its second annual distribution amount in full upon 28 completion of the requirements set forth in item (III) of clause (G) of 29 this subparagraph. The requirements set forth in items (IV) and (V) of 30 clause (G) of this subparagraph must be completed by the consortium or 31 teaching general hospital in order for the consortium or teaching gener- 32 al hospital to be eligible to apply for ECRIP funding in any subsequent 33 funding cycle. 34 (E) Each consortium or teaching general hospital receiving distrib- 35 utions pursuant to this subparagraph shall reserve seventy-five thousand 36 dollars to primarily fund salary and fringe benefits of the clinical 37 research position with the remainder going to fund the development of 38 faculty who are involved in biomedical research, training and clinical 39 care. 40 (F) Undistributed or returned funds available to fund clinical 41 research positions pursuant to this paragraph for a distribution period 42 shall be available to fund clinical research positions in a subsequent 43 distribution period. 44 (G) In order to be eligible for distributions pursuant to this subpar- 45 agraph, each consortium and teaching general hospital shall provide to 46 the commissioner by July first of each distribution period, the follow- 47 ing data and information on a hospital-specific basis. Such data and 48 information shall be certified as to accuracy and completeness by the 49 chief executive officer, chief financial officer or chair of the consor- 50 tium governing body of each consortium or teaching general hospital and 51 shall be maintained by each consortium and teaching general hospital for 52 five years from the date of submission: 53 (I) For each clinical research position, information on the type, 54 scope, training objectives, institutional support, clinical research 55 experience of the sponsor-mentor, plans for submitting research outcomes 56 to peer reviewed journals and at scientific meetings, including a meet- 
 S. 3007 41 A. 3007 1 ing sponsored by the department, the name of a principal contact person 2 responsible for tracking the career development of researchers placed in 3 clinical research positions, as defined in paragraph (c) of subdivision 4 one of this section, and who is authorized to certify to the commission- 5 er that all the requirements of the clinical research training objec- 6 tives set forth in this subparagraph shall be met. Such certification 7 shall be provided by July first of each distribution period; 8 (II) For each clinical research position, information on the name, 9 citizenship status, medical education and training, and medical license 10 number of the researcher, if applicable, shall be provided by December 11 thirty-first of the calendar year following the distribution period; 12 (III) Information on the status of the clinical research plan, accom- 13 plishments, changes in research activities, progress, and performance of 14 the researcher shall be provided upon completion of one-half of the 15 award term; 16 (IV) A final report detailing training experiences, accomplishments, 17 activities and performance of the clinical researcher, and data, meth- 18 ods, results and analyses of the clinical research plan shall be 19 provided three months after the clinical research position ends; and 20 (V) Tracking information concerning past researchers, including but 21 not limited to (A) background information, (B) employment history, (C) 22 research status, (D) current research activities, (E) publications and 23 presentations, (F) research support, and (G) any other information 24 necessary to track the researcher; and 25 (VI) Any other data or information required by the commissioner to 26 implement this subparagraph. 27 (H) Notwithstanding any inconsistent provision of this subdivision, 28 for periods on and after April first, two thousand thirteen, ECRIP grant 29 awards shall be made in accordance with rules and regulations promulgat- 30 ed by the commissioner. Such regulations shall, at a minimum: 31 (1) provide that ECRIP grant awards shall be made with the objective 32 of securing federal funding for biomedical research, training clinical 33 researchers, recruiting national leaders as faculty to act as mentors, 34 and training residents and fellows in biomedical research skills; 35 (2) provide that ECRIP grant applicants may include interdisciplinary 36 research teams comprised of teaching general hospitals acting in collab- 37 oration with entities including but not limited to medical centers, 38 hospitals, universities and local health departments; 39 (3) provide that applications for ECRIP grant awards shall be based on 40 such information requested by the commissioner, which shall include but 41 not be limited to hospital-specific data; 42 (4) establish the qualifications for investigators and other staff 43 required for grant projects eligible for ECRIP grant awards; and 44 (5) establish a methodology for the distribution of funds under ECRIP 45 grant awards. 46 (c)] Physician loan repayment program. One million nine hundred sixty 47 thousand dollars for the period January first, two thousand eight 48 through December thirty-first, two thousand eight, one million nine 49 hundred sixty thousand dollars for the period January first, two thou- 50 sand nine through December thirty-first, two thousand nine, one million 51 nine hundred sixty thousand dollars for the period January first, two 52 thousand ten through December thirty-first, two thousand ten, four 53 hundred ninety thousand dollars for the period January first, two thou- 54 sand eleven through March thirty-first, two thousand eleven, one million 55 seven hundred thousand dollars each state fiscal year for the period 56 April first, two thousand eleven through March thirty-first, two thou- 
 S. 3007 42 A. 3007 1 sand fourteen, up to one million seven hundred five thousand dollars 2 each state fiscal year for the period April first, two thousand fourteen 3 through March thirty-first, two thousand seventeen, up to one million 4 seven hundred five thousand dollars each state fiscal year for the peri- 5 od April first, two thousand seventeen through March thirty-first, two 6 thousand twenty, up to one million seven hundred five thousand dollars 7 each state fiscal year for the period April first, two thousand twenty 8 through March thirty-first, two thousand twenty-three, and up to one 9 million seven hundred five thousand dollars each state fiscal year for 10 the period April first, two thousand twenty-three through March thirty- 11 first, two thousand twenty-six, shall be set aside and reserved by the 12 commissioner from the regional pools established pursuant to subdivision 13 two of this section and shall be available for purposes of physician 14 loan repayment in accordance with subdivision ten of this section. 15 Notwithstanding any contrary provision of this section, sections one 16 hundred twelve and one hundred sixty-three of the state finance law, or 17 any other contrary provision of law, such funding shall be allocated 18 regionally with one-third of available funds going to New York city and 19 two-thirds of available funds going to the rest of the state and shall 20 be distributed in a manner to be determined by the commissioner without 21 a competitive bid or request for proposal process as follows: 22 (i) Funding shall first be awarded to repay loans of up to twenty-five 23 physicians who train in primary care or specialty tracks in teaching 24 general hospitals, and who enter and remain in primary care or specialty 25 practices in underserved communities, as determined by the commissioner. 26 (ii) After distributions in accordance with subparagraph (i) of this 27 paragraph, all remaining funds shall be awarded to repay loans of physi- 28 cians who enter and remain in primary care or specialty practices in 29 underserved communities, as determined by the commissioner, including 30 but not limited to physicians working in general hospitals, or other 31 health care facilities. 32 (iii) In no case shall less than fifty percent of the funds available 33 pursuant to this paragraph be distributed in accordance with subpara- 34 graphs (i) and (ii) of this paragraph to physicians identified by gener- 35 al hospitals. 36 (iv) In addition to the funds allocated under this paragraph, for the 37 period April first, two thousand fifteen through March thirty-first, two 38 thousand sixteen, two million dollars shall be available for the 39 purposes described in subdivision ten of this section; 40 (v) In addition to the funds allocated under this paragraph, for the 41 period April first, two thousand sixteen through March thirty-first, two 42 thousand seventeen, two million dollars shall be available for the 43 purposes described in subdivision ten of this section; 44 (vi) Notwithstanding any provision of law to the contrary, and subject 45 to the extension of the Health Care Reform Act of 1996, sufficient funds 46 shall be available for the purposes described in subdivision ten of this 47 section in amounts necessary to fund the remaining year commitments for 48 awards made pursuant to subparagraphs (iv) and (v) of this paragraph. 49 [(d)] (c) Physician practice support. Four million nine hundred thou- 50 sand dollars for the period January first, two thousand eight through 51 December thirty-first, two thousand eight, four million nine hundred 52 thousand dollars annually for the period January first, two thousand 53 nine through December thirty-first, two thousand ten, one million two 54 hundred twenty-five thousand dollars for the period January first, two 55 thousand eleven through March thirty-first, two thousand eleven, four 56 million three hundred thousand dollars each state fiscal year for the 
 S. 3007 43 A. 3007 1 period April first, two thousand eleven through March thirty-first, two 2 thousand fourteen, up to four million three hundred sixty thousand 3 dollars each state fiscal year for the period April first, two thousand 4 fourteen through March thirty-first, two thousand seventeen, up to four 5 million three hundred sixty thousand dollars for each state fiscal year 6 for the period April first, two thousand seventeen through March thir- 7 ty-first, two thousand twenty, up to four million three hundred sixty 8 thousand dollars for each fiscal year for the period April first, two 9 thousand twenty through March thirty-first, two thousand twenty-three, 10 and up to four million three hundred sixty thousand dollars for each 11 fiscal year for the period April first, two thousand twenty-three 12 through March thirty-first, two thousand twenty-six, shall be set aside 13 and reserved by the commissioner from the regional pools established 14 pursuant to subdivision two of this section and shall be available for 15 purposes of physician practice support. Notwithstanding any contrary 16 provision of this section, sections one hundred twelve and one hundred 17 sixty-three of the state finance law, or any other contrary provision of 18 law, such funding shall be allocated regionally with one-third of avail- 19 able funds going to New York city and two-thirds of available funds 20 going to the rest of the state and shall be distributed in a manner to 21 be determined by the commissioner without a competitive bid or request 22 for proposal process as follows: 23 (i) Preference in funding shall first be accorded to teaching general 24 hospitals for up to twenty-five awards, to support costs incurred by 25 physicians trained in primary or specialty tracks who thereafter estab- 26 lish or join practices in underserved communities, as determined by the 27 commissioner. 28 (ii) After distributions in accordance with subparagraph (i) of this 29 paragraph, all remaining funds shall be awarded to physicians to support 30 the cost of establishing or joining practices in underserved communi- 31 ties, as determined by the commissioner, and to hospitals and other 32 health care providers to recruit new physicians to provide services in 33 underserved communities, as determined by the commissioner. 34 (iii) In no case shall less than fifty percent of the funds available 35 pursuant to this paragraph be distributed to general hospitals in 36 accordance with subparagraphs (i) and (ii) of this paragraph. 37 [(e)] (d) Work group. For funding available pursuant to paragraphs (b) 38 and (c)[, (d) and (e)] of this subdivision: 39 (i) The department shall appoint a work group from recommendations 40 made by associations representing physicians, general hospitals and 41 other health care facilities to develop a streamlined application proc- 42 ess by June first, two thousand twelve. 43 (ii) Subject to available funding, applications shall be accepted on a 44 continuous basis. The department shall provide technical assistance to 45 applicants to facilitate their completion of applications. An applicant 46 shall be notified in writing by the department within ten days of 47 receipt of an application as to whether the application is complete and 48 if the application is incomplete, what information is outstanding. The 49 department shall act on an application within thirty days of receipt of 50 a complete application. 51 [(f)] (e) Study on physician workforce. Five hundred ninety thousand 52 dollars annually for the period January first, two thousand eight 53 through December thirty-first, two thousand ten, one hundred forty-eight 54 thousand dollars for the period January first, two thousand eleven 55 through March thirty-first, two thousand eleven, five hundred sixteen 56 thousand dollars each state fiscal year for the period April first, two 
 S. 3007 44 A. 3007 1 thousand eleven through March thirty-first, two thousand fourteen, up to 2 four hundred eighty-seven thousand dollars each state fiscal year for 3 the period April first, two thousand fourteen through March thirty- 4 first, two thousand seventeen, up to four hundred eighty-seven thousand 5 dollars for each state fiscal year for the period April first, two thou- 6 sand seventeen through March thirty-first, two thousand twenty, up to 7 four hundred eighty-seven thousand dollars each state fiscal year for 8 the period April first, two thousand twenty through March thirty-first, 9 two thousand twenty-three, and up to four hundred eighty-seven thousand 10 dollars each state fiscal year for the period April first, two thousand 11 twenty-three through March thirty-first, two thousand twenty-six, shall 12 be set aside and reserved by the commissioner from the regional pools 13 established pursuant to subdivision two of this section and shall be 14 available to fund a study of physician workforce needs and solutions 15 including, but not limited to, an analysis of residency programs and 16 projected physician workforce and community needs. The commissioner 17 shall enter into agreements with one or more organizations to conduct 18 such study based on a request for proposal process. 19 [(g)] (f) Diversity in medicine/post-baccalaureate program. Notwith- 20 standing any inconsistent provision of section one hundred twelve or one 21 hundred sixty-three of the state finance law or any other law, one 22 million nine hundred sixty thousand dollars annually for the period 23 January first, two thousand eight through December thirty-first, two 24 thousand ten, four hundred ninety thousand dollars for the period Janu- 25 ary first, two thousand eleven through March thirty-first, two thousand 26 eleven, one million seven hundred thousand dollars each state fiscal 27 year for the period April first, two thousand eleven through March thir- 28 ty-first, two thousand fourteen, up to one million six hundred five 29 thousand dollars each state fiscal year for the period April first, two 30 thousand fourteen through March thirty-first, two thousand seventeen, up 31 to one million six hundred five thousand dollars each state fiscal year 32 for the period April first, two thousand seventeen through March thir- 33 ty-first, two thousand twenty, up to one million six hundred five thou- 34 sand dollars each state fiscal year for the period April first, two 35 thousand twenty through March thirty-first, two thousand twenty-three, 36 and up to one million six hundred five thousand dollars each state 37 fiscal year for the period April first, two thousand twenty-three 38 through March thirty-first, two thousand twenty-six, shall be set aside 39 and reserved by the commissioner from the regional pools established 40 pursuant to subdivision two of this section and shall be available for 41 distributions to the Associated Medical Schools of New York to fund its 42 diversity program including existing and new post-baccalaureate programs 43 for minority and economically disadvantaged students and encourage 44 participation from all medical schools in New York. The associated 45 medical schools of New York shall report to the commissioner on an annu- 46 al basis regarding the use of funds for such purpose in such form and 47 manner as specified by the commissioner. 48 [(h)] (g) In the event there are undistributed funds within amounts 49 made available for distributions pursuant to this subdivision, such 50 funds may be reallocated and distributed in current or subsequent 51 distribution periods in a manner determined by the commissioner for any 52 purpose set forth in this subdivision. 53 12. Notwithstanding any provision of law to the contrary, applications 54 submitted on or after April first, two thousand sixteen, for the physi- 55 cian loan repayment program pursuant to paragraph [(c)] (b) of subdivi- 56 sion five-a of this section and subdivision ten of this section or the 
 S. 3007 45 A. 3007 1 physician practice support program pursuant to paragraph [(d)] (c) of 2 subdivision five-a of this section, shall be subject to the following 3 changes: 4 (a) Awards shall be made from the total funding available for new 5 awards under the physician loan repayment program and the physician 6 practice support program, with neither program limited to a specific 7 funding amount within such total funding available; 8 (b) An applicant may apply for an award for either physician loan 9 repayment or physician practice support, but not both; 10 (c) An applicant shall agree to practice for three years in an under- 11 served area and each award shall provide up to forty thousand dollars 12 for each of the three years; and 13 (d) To the extent practicable, awards shall be timed to be of use for 14 job offers made to applicants. 15 § 4. Subparagraph (xvi) of paragraph (a) of subdivision 7 of section 16 2807-s of the public health law, as amended by section 8 of part Y of 17 chapter 56 of the laws of 2020, is amended to read as follows: 18 (xvi) provided further, however, for periods prior to July first, two 19 thousand nine, amounts set forth in this paragraph shall be reduced by 20 an amount equal to the actual distribution reductions for all facilities 21 pursuant to paragraph [(s)] (o) of subdivision one of section twenty- 22 eight hundred seven-m of this article. 23 § 5. Subdivision (c) of section 92-dd of the state finance law, as 24 amended by section 9 of part Y of chapter 56 of the laws of 2020, is 25 amended to read as follows: 26 (c) The pool administrator shall, from appropriated funds transferred 27 to the pool administrator from the comptroller, continue to make 28 payments as required pursuant to sections twenty-eight hundred seven-k, 29 twenty-eight hundred seven-m (not including payments made pursuant to 30 subdivision five-b and paragraphs (b), (c)[, (d),, (f)] and [(g)] (f) of 31 subdivision five-a of section twenty-eight hundred seven-m), and twen- 32 ty-eight hundred seven-w of the public health law, paragraph (e) of 33 subdivision twenty-five of section twenty-eight hundred seven-c of the 34 public health law, paragraphs (b) and (c) of subdivision thirty of 35 section twenty-eight hundred seven-c of the public health law, paragraph 36 (b) of subdivision eighteen of section twenty-eight hundred eight of the 37 public health law, subdivision seven of section twenty-five hundred-d of 38 the public health law and section eighty-eight of chapter one of the 39 laws of nineteen hundred ninety-nine. 40 § 6. Article 27-H of the public health law, as added by chapter 550 of 41 the laws of 1998, is REPEALED. 42 § 7. This act shall take effect immediately and shall be deemed to 43 have been in full force and effect on and after April 1, 2025. 44 PART I 45 Section 1. Subdivision 1 of section 4148 of the public health law, as 46 added by chapter 352 of the laws of 2013, is amended to read as follows: 47 1. The department is hereby authorized and directed to design, imple- 48 ment and maintain an electronic death registration system for collect- 49 ing, storing, recording, transmitting, amending, correcting and authen- 50 ticating information, as necessary and appropriate to complete a death 51 registration, and to generate such documents as determined by the 52 department in relation to a death occurring in this state. As part of 53 the design and implementation of the system established by this section, 54 the department shall consult with all persons authorized to use such 
 S. 3007 46 A. 3007 1 system to the extent practicable and feasible. [The payment referenced 2 in subdivision five of this section shall be collected for each burial 3 or removal permit issued on or after the effective date of this section 4 from the licensed funeral director or undertaker to whom such permit is 5 issued, in the manner specified by the department and shall be used 6 solely for the purpose set forth in subdivision five of this section.] 7 Except as specifically provided in this section, the existing general 8 duties of, and remuneration received by, local registrars in accepting 9 and filing certificates of death and issuing burial and removal permits 10 pursuant to any statute or regulation shall be maintained, and not 11 altered or abridged in any way by this section. 12 § 2. Subdivision 5 of section 4148 of the public health law is 13 REPEALED. 14 § 3. This act shall take effect immediately and shall be deemed to 15 have been in full force and effect on and after April 1, 2025. 16 PART J 17 Section 1. The opening paragraph of subdivision 3 of section 2825-g of 18 the public health law, as added by section 1 of part K of chapter 57 of 19 the laws of 2022, is amended to read as follows: 20 Notwithstanding subdivision two of this section or any inconsistent 21 provision of law to the contrary, and upon approval of the director of 22 the budget, the commissioner may, subject to the availability of lawful 23 appropriation, award up to four hundred fifty million dollars of the 24 funds made available pursuant to this section for unfunded project 25 applications submitted in response to the request for application number 26 18406 issued by the department on September thirtieth, two thousand 27 twenty-one pursuant to section twenty-eight hundred twenty-five-f of 28 this article. Authorized amounts to be awarded pursuant to applications 29 submitted in response to the request for application number 18406 shall 30 be awarded no later than [December thirty-first, two thousand twenty- 31 two] February twenty-eighth, two thousand twenty-three. Provided, howev- 32 er, that a minimum of: 33 § 2. This act shall take effect immediately and shall be deemed to 34 have been in full force and effect on and after April 1, 2025. 35 PART K 36 Section 1. Subdivisions 1, 2, 3, 4, 5 and 6 of section 2806-a of the 37 public health law, as added by section 50 of part E of chapter 56 of the 38 laws of 2013, paragraph (g) of subdivision 1 as added by section 7, 39 paragraph (a) of subdivision 2 as amended by section 8, and subparagraph 40 (iii) of paragraph (c) of subdivision 5 as amended by section 9 of part 41 K of chapter 57 of the laws of 2015, are amended to read as follows: 42 1. For the purposes of this section: 43 (a) "adult care facility" shall mean an adult home or enriched housing 44 program licensed pursuant to article seven of the social services law or 45 an assisted living residence licensed pursuant to article forty-six-B of 46 this chapter; 47 (b) "established operator" shall mean the operator of [an adult care 48 facility, a general hospital or a diagnostic and treatment center that 49 has been established and issued an operating certificate as such pursu- 50 ant to this article] a facility, including corporations established 51 pursuant to article ten-C of the public authorities law; 
 S. 3007 47 A. 3007 1 (c) "facility" shall mean (i) a general hospital or a diagnostic and 2 treatment center that has been issued an operating certificate as such 3 pursuant to this article; or (ii) an adult care facility; 4 (d) "temporary operator" shall mean any person or entity that: 5 (i) agrees to operate a facility on a temporary basis in the best 6 interests of its residents or patients and the community served by the 7 facility; and 8 (ii) has demonstrated that [he or she has] they have the character, 9 competence and financial ability to operate the facility in compliance 10 with applicable standards; 11 (e) "serious financial instability" shall include but not be limited 12 to defaulting or violating key covenants of loans, or missed mortgage 13 payments, or general untimely payment of obligations, including but not 14 limited to employee benefit fund, payroll or payroll tax, and insurance 15 premium obligations, or failure to maintain required debt service cover- 16 age ratios or, as applicable, factors that have triggered a written 17 event of default notice to the department by the dormitory authority of 18 the state of New York; and 19 (f) "extraordinary financial assistance" shall mean state funds 20 provided to a facility upon such facility's request for the purpose of 21 assisting the facility to address serious financial instability. Such 22 funds may be derived from existing programs within the department, 23 special appropriations, or other funds. 24 (g) "improper delegation of management authority by the governing 25 authority or operator" of a general hospital shall include, but not be 26 limited to, the delegation to an entity that has not been established as 27 an operator of the general hospital of (i) authority to hire or fire the 28 administrator or other key management employees; (ii) maintenance and 29 control of the books and records; (iii) authority over the disposition 30 of assets and the incurring of liabilities on behalf of the facility; 31 and (iv) the adoption and enforcement of policies regarding the opera- 32 tion of the facility. The criteria set forth in this paragraph shall not 33 be the sole determining factors, but indicators to be considered with 34 such other factors that may be pertinent in particular instances. 35 Professional expertise shall be exercised in the utilization of the 36 criteria. All of the listed indicia need not be present in a given 37 instance for there to be an improper delegation of authority. 38 2. (a) In the event that: (i) a facility seeks extraordinary financial 39 assistance [and] or the commissioner finds that the facility is experi- 40 encing serious financial instability that is jeopardizing existing or 41 continued access to essential services within the community[,]; or (ii) 42 the commissioner finds that there are conditions within the facility 43 that seriously endanger the life, health or safety of residents or 44 patients[, the commissioner may appoint a temporary operator to assume 45 sole control and sole responsibility for the operations of that facili- 46 ty,]; or (iii) the commissioner finds that there has been an improper 47 delegation of management authority by the governing authority or opera- 48 tor of a general hospital[,]; the commissioner [shall] may appoint a 49 temporary operator to assume sole control and sole responsibility for 50 the operations of that facility. The appointment of the temporary opera- 51 tor shall be effectuated pursuant to this section and shall be in addi- 52 tion to any other remedies provided by law. 53 (b) The established operator of a facility may at any time request the 54 commissioner to appoint a temporary operator. Upon receiving such a 55 request, the commissioner may, if [he or she determines] they determine 56 that such an action is necessary to restore or maintain the provision of 
 S. 3007 48 A. 3007 1 quality care to the residents or patients, or alleviate the facility's 2 financial instability, enter into an agreement with the established 3 operator for the appointment of a temporary operator to assume sole 4 control and sole responsibility for the operations of that facility. 5 3. (a) A temporary operator appointed pursuant to this section shall, 6 [prior to his or her] within thirty days of their appointment as tempo- 7 rary operator, provide the commissioner with a work plan satisfactory to 8 the commissioner to address the facility's deficiencies and serious 9 financial instability and a schedule for implementation of such plan. [A 10 work plan shall not be required prior to the appointment of the tempo- 11 rary operator pursuant to clause (ii) of paragraph (a) of subdivision 12 two of this section if the commissioner has determined that the immedi- 13 ate appointment of a temporary operator is necessary because public 14 health or safety is in imminent danger or there exists any condition or 15 practice or a continuing pattern of conditions or practices which poses 16 imminent danger to the health or safety of any patient or resident of 17 the facility. Where such immediate appointment has been found to be 18 necessary, the temporary operator shall provide the commissioner with a 19 work plan satisfactory to the commissioner as soon as practicable.] 20 (b) The temporary operator shall use [his or her] their best efforts 21 to implement the work plan provided to the commissioner, if applicable, 22 and to correct or eliminate any deficiencies or financial instability in 23 the facility and to promote the quality and accessibility of health care 24 services in the community served by the facility. The temporary opera- 25 tor's authority shall include, but not be limited to, hiring or firing 26 of the facility administrator and other key management employees; main- 27 tenance and control of the books and records; authority over the dispo- 28 sition of assets and the incurring of liabilities on behalf of the 29 facility; and the adoption and enforcement of policies regarding the 30 operation of the facility. Such correction or elimination of deficien- 31 cies or serious financial instability shall not include major alter- 32 ations of the physical structure of the facility. During the term of 33 [his or her] their appointment, the temporary operator shall have the 34 sole authority to direct the management of the facility in all aspects 35 of operation and shall be afforded full access to the accounts and 36 records of the facility. The temporary operator shall, during this peri- 37 od, operate the facility in such a manner as to promote safety and the 38 quality and accessibility of health care services or residential care in 39 the community served by the facility. The temporary operator shall have 40 the power to let contracts therefor or incur expenses on behalf of the 41 facility, provided that where individual items of repairs, improvements 42 or supplies exceed ten thousand dollars, the temporary operator shall 43 obtain price quotations from at least three reputable sources. The 44 temporary operator shall not be required to file any bond. No security 45 interest in any real or personal property comprising the facility or 46 contained within the facility, or in any fixture of the facility, shall 47 be impaired or diminished in priority by the temporary operator. Neither 48 the temporary operator nor the department shall engage in any activity 49 that constitutes a confiscation of property without the payment of fair 50 compensation. 51 4. The temporary operator shall be entitled to a reasonable fee, as 52 determined by the commissioner, and necessary expenses incurred during 53 [his or her] their performance as temporary operator, to be paid from 54 the revenue of the facility. The temporary operator shall collect incom- 55 ing payments from all sources and apply them to the reasonable fee and 56 to costs incurred in the performance of [his or her] their functions as 
 S. 3007 49 A. 3007 1 temporary operator in correcting deficiencies and causes of serious 2 financial instability. The temporary operator shall be liable only in 3 [his or her] their capacity as temporary operator for injury to person 4 and property by reason of conditions of the facility in a case where an 5 established operator would have been liable; [he or she] they shall not 6 have any liability in [his or her] their personal capacity, except for 7 gross negligence and intentional acts. 8 5. (a) The initial term of the appointment of the temporary operator 9 shall not exceed one hundred eighty days. After one hundred eighty days, 10 if the commissioner determines that termination of the temporary opera- 11 tor would cause significant deterioration of the quality of, or access 12 to, health care or residential care in the community or that reappoint- 13 ment is necessary to correct the conditions within the facility that 14 seriously endanger the life, health or safety of residents or patients, 15 or the financial instability that required the appointment of the tempo- 16 rary operator, the commissioner may authorize up to two additional 17 [ninety-day] one hundred eighty-day terms. 18 (b) Upon the completion of the [two ninety-day] up to three one 19 hundred eighty-day terms referenced in paragraph (a) of this subdivi- 20 sion, 21 (i) if the established operator is the debtor in a bankruptcy proceed- 22 ing, and the commissioner determines that the temporary operator 23 requires additional terms to operate the facility during the pendency of 24 the bankruptcy proceeding and to carry out any plan resulting from the 25 proceeding, the commissioner may reappoint the temporary operator for 26 additional ninety-day terms until the termination of the bankruptcy 27 proceeding, provided that the commissioner shall provide for notice and 28 a hearing as set forth in subdivision six of this section; or 29 (ii) if the established operator requests the reappointment of the 30 temporary operator, the commissioner may reappoint the temporary opera- 31 tor for one additional ninety-day term, pursuant to an agreement between 32 the established operator, the temporary operator and the department. 33 (c) [Within fourteen] No sooner than sixty days and no later than 34 thirty days prior to the termination of each term of the appointment of 35 the temporary operator, the temporary operator shall submit to the 36 commissioner and to the established operator a report describing: 37 (i) the actions taken during the appointment to address [such] the 38 deficiencies and financial instability that led to appointment of the 39 temporary operator, 40 (ii) objectives for the continuation of the temporary operatorship if 41 necessary and a schedule for satisfaction of such objectives, 42 (iii) recommended actions for the ongoing operation of the facility 43 subsequent to the term of the temporary operator including recommenda- 44 tions regarding the proper management of the facility and ongoing agree- 45 ments with individuals or entities with proper delegation of management 46 authority; and 47 (iv) [with respect to the first ninety-day term referenced in para- 48 graph (a) of this subdivision,] a plan and timeline for sustainable 49 operation to avoid closure, or for the transformation of the facility 50 which may include any option permissible under this chapter or the 51 social services law and implementing regulations thereof; and, where 52 applicable, a recommendation with rationale for an additional temporary 53 operator term. The report shall reflect best efforts to produce a full 54 and complete accounting. 55 Each report pursuant to this paragraph shall be reviewed by the commis- 56 sioner, who may consult with the temporary operator and the established 
 S. 3007 50 A. 3007 1 operator and make modifications if necessary. Prior to expiration of the 2 temporary operator's final term, a final report shall be submitted by 3 the temporary operator and approved by the commissioner. The estab- 4 lished operator shall implement the recommended actions according to the 5 final report. If the established operator at any time demonstrates 6 unwillingness to make or implement changes identified in the final 7 report, the commissioner may extend the term of, or reinstate, the 8 temporary operator, and/or the commissioner may move to amend or revoke 9 the established operator's operating certificate. 10 (d) The term of the initial appointment and of any subsequent reap- 11 pointment may be terminated prior to the expiration of the designated 12 term, if the established operator and the commissioner agree on a plan 13 of correction and the implementation of such plan. 14 6. (a) The commissioner, upon making a determination to appoint a 15 temporary operator pursuant to paragraph (a) of subdivision two of this 16 section shall, prior to the commencement of the appointment, cause the 17 established operator of the facility to be notified of the determination 18 by registered or certified mail addressed to the principal office of the 19 established operator. Such notification shall include a detailed 20 description of the findings underlying the determination to appoint a 21 temporary operator, and the date and time of a required meeting with the 22 commissioner and/or [his or her] their designee within ten business days 23 of the date of such notice. At such meeting, the established operator 24 shall have the opportunity to review and discuss all relevant findings. 25 At such meeting [or within ten additional business days,] the commis- 26 sioner and the established operator shall attempt to develop a mutually 27 satisfactory plan of correction and schedule for implementation. In the 28 event such plan of correction is agreed upon, the commissioner shall 29 notify the established operator that the commissioner no longer intends 30 to appoint a temporary operator. A meeting shall not be required prior 31 to the appointment of the temporary operator pursuant to clause (ii) of 32 paragraph (a) of subdivision two of this section if the commissioner has 33 determined that the immediate appointment of a temporary operator is 34 necessary because public health or safety is in imminent danger or there 35 exists any condition or practice or a continuing pattern of conditions 36 or practices which poses imminent danger to the health or safety of any 37 patient or resident of the facility. Where such immediate appointment 38 has been found to be necessary, the commissioner shall provide the 39 established operator with a notice as required under this paragraph on 40 the date of the appointment of the temporary operator. 41 (b) Should the commissioner and the established operator be unable to 42 establish a plan of correction pursuant to paragraph (a) of this subdi- 43 vision, or should the established operator fail to respond to the 44 commissioner's initial notification, a temporary operator shall be 45 appointed as soon as is practicable and shall operate pursuant to the 46 provisions of this section. 47 (c) The established operator shall be afforded an opportunity for an 48 administrative hearing on the commissioner's determination to appoint a 49 temporary operator. [Such administrative hearing shall occur prior to 50 such appointment, except that the hearing shall not be required prior to 51 the appointment of the temporary operator pursuant to clause (ii) of 52 paragraph (a) of subdivision two of this section if the commissioner has 53 determined that the immediate appointment of a temporary operator is 54 necessary because public health or safety is in imminent danger or there 55 exists any condition or practice or a continuing pattern of conditions 56 or practices which poses imminent danger to the health or safety of any 
 S. 3007 51 A. 3007 1 patient or resident of the facility.] An administrative hearing as 2 provided for under this paragraph shall begin no later than [sixty] 3 thirty days from the date [of the notice to the established operator] 4 the temporary operator is appointed and shall not be extended without 5 the consent of both parties. Any such hearing shall be strictly limited 6 to the issue of whether the determination of the commissioner to appoint 7 a temporary operator is supported by substantial evidence. A [copy of 8 the] decision shall be made and sent to the [established operator] 9 parties no later than ten business days after completion of the hearing. 10 (d) The commissioner shall, upon making a determination to reappoint a 11 temporary operator for the first of an additional [ninety-day] one 12 hundred eighty-day term pursuant to paragraph (a) of subdivision five of 13 this section, cause the established operator of the facility to be noti- 14 fied of the determination by registered or certified mail addressed to 15 the principal office of the established operator. If the commissioner 16 determines that additional reappointments pursuant to subparagraph (i) 17 of paragraph (b) of subdivision five of this section are required, the 18 commissioner shall again cause the established operator of the facility 19 to be notified of such determination by registered or certified mail 20 addressed to the principal office of the established operator at the 21 commencement of the first of every two additional terms. Upon receipt of 22 such notification at the principal office of the established operator 23 and before the expiration of ten days thereafter, the established opera- 24 tor may request an administrative hearing on the determination, to begin 25 no later than [sixty] thirty days from the date of the reappointment of 26 the temporary operator. Any such hearing shall be strictly limited to 27 the issue of whether the determination of the commissioner to reappoint 28 the temporary operator is supported by substantial evidence. 29 § 2. This act shall take effect immediately; provided, however, that 30 the amendments to section 2806-a of the public health law made by 31 section one of this act shall not affect the repeal of such section and 32 shall be deemed repealed therewith. 33 PART L 34 Section 1. Section 18-c of the public health law, as added by section 35 4 of part O of chapter 57 of the laws of 2024, is amended to read as 36 follows: 37 § 18-c. Separate patient consent for treatment and payment for health 38 care services. Informed consent from a patient to provide any treatment, 39 procedure, examination or other direct health care services shall be 40 obtained separately from such patient's consent to pay for the services. 41 Consent to pay for any non-emergency health care services by a patient 42 shall not be given prior to [the patient receiving such services and] 43 discussing treatment costs. For purposes of this section, "consent" 44 means an action which: (a) clearly and conspicuously communicates the 45 individual's authorization of an act or practice; (b) is made in the 46 absence of any mechanism in the user interface that has the purpose or 47 substantial effect of obscuring, subverting, or impairing decision-mak- 48 ing or choice to obtain consent; and (c) cannot be inferred from 49 inaction. 50 § 2. This act shall take effect immediately and shall be deemed to 51 have been in full force and effect on and after April 1, 2025. 52 PART M 
 S. 3007 52 A. 3007 1 Section 1. Subdivision 4 of section 2805-a of the public health law, 2 as renumbered by chapter 2 of the laws of 1988, is renumbered subdivi- 3 sion 5 and a new subdivision 4 is added to read as follows: 4 4. Every general hospital operating under the provisions of this arti- 5 cle shall file with the commissioner, in a format prescribed by the 6 department, within one hundred eighty days after the end of its fiscal 7 year, a certified report, to be conspicuously posted on the department's 8 website, showing how the hospital spent community benefit expenses, 9 including but not limited to: 10 (a) Financial assistance at cost, which shall include any free or 11 discounted services for those who cannot afford to pay and meet the 12 hospital's financial assistance criteria; 13 (b) Unreimbursed costs from Medicaid; 14 (c) Unreimbursed costs from the children's health insurance program or 15 other means-tested government programs; 16 (d) Community health improvement services and community benefit oper- 17 ations, which shall include costs associated with planning or operating 18 community benefit programs, but shall not include activities or programs 19 if they are provided primarily for marketing purposes or if they are 20 more beneficial to the hospital than to the community; 21 (e) Health professions education programs that result in a degree or 22 certificate or training necessary for residents or interns to be certi- 23 fied; 24 (f) Subsidized health services, which shall include services with a 25 negative margin, services that meet an identifiable community need and 26 services that if no longer offered would be unavailable or fall to the 27 responsibility of another nonprofit or government agency; 28 (g) Research that produces generalizable knowledge and is funded by 29 tax-exempt sources; 30 (h) Cash and in-kind contributions for community benefit, for which 31 in-kind donations may include the indirect cost of space donated to 32 community groups and the direct cost of donated food or supplies; and 33 (i) How such community benefit expenses support the priorities of New 34 York state, as outlined in guidance, including but not limited to the 35 New York state prevention agenda as developed by the department. 36 § 2. This act shall take effect October 1, 2025. Effective immediate- 37 ly, the addition, amendment and/or repeal of any rule or regulation 38 necessary for the implementation of this act on its effective date are 39 authorized to be made and completed on or before such effective date. 40 PART N 41 Section 1. Subdivision 1 of section 250 of the public health law, as 42 added by chapter 338 of the laws of 1998, is amended to read as follows: 43 1. A spinal cord injury research board is hereby created within the 44 department for the purpose of administering spinal cord injury research 45 projects and administering the spinal cord injury research trust fund 46 created pursuant to section ninety-nine-f of the state finance law. The 47 purpose of research projects administered by the board shall be [neuro- 48 logical] research towards treatment and a cure for such injuries and 49 their effects including, but not limited to, health-related quality of 50 life improvements. The members of the spinal cord injury research board 51 shall include but not be limited to representatives of the following 52 fields: neuroscience, neurology, neuro-surgery, neuro-pharmacology, and 53 spinal cord rehabilitative medicine. The board shall be composed of 54 thirteen members, seven of whom shall be appointed by the governor, two 
 S. 3007 53 A. 3007 1 of whom shall be appointed by the temporary president of the senate, two 2 of whom shall be appointed by the speaker of the assembly, one of whom 3 shall be appointed by the minority leader of the senate, and one of whom 4 shall be appointed by the minority leader of the assembly. 5 § 2. Subdivision 2 of section 251 of the public health law, as added 6 by chapter 338 of the laws of 1998, is amended to read as follows: 7 2. Solicit, receive, and review applications from public and private 8 agencies and organizations and qualified research institutions for 9 grants from the spinal cord injury research trust fund, created pursuant 10 to section ninety-nine-f of the state finance law, to conduct research 11 programs which focus on the treatment and cure of spinal cord [injury] 12 injuries and their effects. The board shall make recommendations to the 13 commissioner, and the commissioner shall, in [his or her] their 14 discretion, grant approval of applications for grants from those appli- 15 cations recommended by the board. 16 § 3. This act shall take effect immediately. 17 PART O 18 Section 1. Subdivision (b) of schedule I of section 3306 of the public 19 health law is amended by adding eighteen new paragraphs 93, 94, 95, 96, 20 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108, 109 and 110 to 21 read as follows: 22 (93) 1-methoxy-3-{4-(2-methoxy-2-phenylethyl)piperazin-1-yl}-1-phenylp 23 ropan-2-ol. Other name: Zipeprol. 24 (94) N,N-diethyl-2-(2-(4-methoxybenzyl)-5-nitro-1H-benzimidazol-1-yl)e 25 than-1-amine. Other name: Metonitazene. 26 (95) N-(3-fluorophenyl)-N-(1-phenethylpiperidin-4-yl)propionamide. 27 Other name: meta-Fluorofentanyl. 28 (96) N-(3-fluorophenyl)-N-(1-phenethylpiperidin-4-yl)isobutyramide. 29 Other name: meta-Fluoroisobutyryl fentanyl. 30 (97) N-(4-methoxyphenyl)-N-(1-phenethylpiperidin-4-yl)furan-2-carboxa 31 mide. Other name: para-Methoxyfuranylfentanyl. 32 (98) N-(1-phenethylpiperidin-4-yl)-N-phenylfuran-3-carboxamide. Other 33 name: 3-Furanyl fentanyl. 34 (99) N-(1-(2,5-dimethoxyphenethyl)piperidin-4-yl)-N-phenylpropiona 35 mide. Other name: 2',5'-Dimethoxyfentanyl. 36 (100) 3-methyl-N-(1-phenethylpiperidin-4-yl)-N-phenylbutanamide. Other 37 name: Isovaleryl fentanyl. 38 (101) N-(2-fluorophenyl)-N-(1-phenethylpiperidin-4-yl)furan-2-carboxa 39 mide. Other name: ortho-Fluorofuranylfentanyl. 40 (102) 2-methyl-N-(1-phenethylpiperidin-4-yl)-N-phenylbutanamide. Other 41 name: alpha'-Methyl butyryl fentanyl. 42 (103) N-(4-methylphenyl)-N-(1-phenethylpiperidin-4-yl)cyclopropanecar 43 boxamide. Other name: para-Methylcyclopropyl fentanyl. 44 (104) 2-(2-(4-ethoxybenzyl)-1H-benzimidazol-1-yl)-N,N-diethylethan-1- 45 amine. Other names: Etodesnitazene; Etazene. 46 (105) 2-(4-ethoxybenzyl)-5-nitro-1-(2-(pyrrolidin-1-yl)ethyl)-1H-benzi 47 midazole. Other names: N-pyrrolidinoetonitazene; Etonitazepyne. 48 (106) N,N-diethyl-2-(5-nitro-2-(4-propoxybenzyl)-1H-benzimidazol-1-yl) 49 ethan-1-amine. Other name: Protonitazene. 50 (107) 1-(2-Methyl-4-(3-phenylprop-2-en-1-yl)piperazin-1-yl)butan-1- 51 one. Other name: 2-Methyl AP-237. 52 (108) 2-(2-(4-butoxybenzyl)-5-nitro-1H-benzimidazol-1-yl)-N,N-diethyl 53 ethan-1-amine. Other name: Butonitazene. 
 S. 3007 54 A. 3007 1 (109) N,N-diethyl-2-(2-(4-fluorobenzyl)-5-nitro-1H-benzimidazol-1-yl) 2 ethan-1-amine. Other name: Flunitazene. 3 (110) N,N-diethyl-2-(2-(4-methoxybenzyl)-1H-benzimidazol-1-yl)ethan-1- 4 amine). Other name: Metodesnitazene. 5 § 2. Paragraphs 11 and 36 of subdivision (d) of schedule I of section 6 3306 of the public health law, paragraph 11 as added by chapter 664 of 7 the laws of 1985 and paragraph 36 as added by section 5 of part BB of 8 chapter 57 of the laws of 2018, are amended to read as follows: 9 (11) [Ibogane] Ibogaine. Some trade and other names: [7-ethyl-6, 6&, 10 7, 8, 9, 10, 12, 13-octahydro-2-methoxy-6, 9-methano-5h-pyrido 11 {1',2':1,2} azepino {5,4-b} indole: tabernanthe iboga.] 12 7-Ethyl-6,6&,7,8,9,10,12,13-octahydro-2-methoxy-6, 9-methano-5H-pyrido{1' 13 ,2':1,2} azepino {5,4-b} indole; Tabernanthe iboga. 14 (36) 5-methoxy-N,N-dimethyltryptamine. Some trade or other names: 15 5-methoxy-3-{2-(dimethylamino)ethyl}indole; 5-MeO-DMT. 16 § 3. Subdivision (d) of schedule I of section 3306 of the public 17 health law is amended by adding nineteen new paragraphs 32, 39, 40, 41, 18 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55 and 56 to read as 19 follows: 20 (32) 4-methyl-N-ethylcathinone. Some trade or other names: 4-MEC. 21 (39) 4-methyl-alpha-pyrrolidinopropiophenone. Some trade or other 22 names: 4-MePPP. 23 (40) Alpha-pyrrolidinopentiophenone. Some trade or other names: @-PVP. 24 (41) 1-(1,3-benzodioxol-5-yl)-2-(methylamino)butan-1-one. Some trade 25 or other names: Butylone; bk-MBDB. 26 (42) 2-(methylamino)-1-phenylpentan-1-one. Some trade or other names: 27 Pentedrone. 28 (43) 1-(1,3-benzodioxol-5-yl)-2-(methylamino)pentan-1-one. Some trade 29 or other names: Pentylone; bk-MBDP. 30 (44) 1-(naphthalen-2-yl)-2-(pyrrolidin-1-yl)pentan-1-one. Some trade 31 or other names: Naphyrone. 32 (45) Alpha-pyrrolidinobutiophenone. Some trade or other names: @-PBP. 33 (46) 1-(1,3-benzodioxol-5-yl)-2-(ethylamino)propan-1-one. Some trade 34 or other names: Ethylone. 35 (47) N-ethylpentylone. Some trade or other names: Ephylone; 36 1-(1,3-benzodioxol-5-yl)-2-(ethylamino)pentan-1-one). 37 (48) 1-(4-methoxyphenyl)-N-methylpropan-2-amine. Some trade or other 38 names: Para-methoxymethamphetamine; PMMA. 39 (49) N-Ethylhexedrone. Some trade or other names: @-ethylaminohexano 40 phenone; 2-(ethylamino)-1-phenylhexan-1-one. 41 (50) alpha-Pyrrolidinohexanophenone. Some trade or other names: @-PHP; 42 1-phenyl-2-(pyrrolidin-1-yl)hexan-1-one. 43 (51) 4-Methyl-alpha-ethylaminopentiophenone. Some trade or other 44 names: 4-MEAP; 2-(ethylamino)-1-(4-methylphenyl)pentan-1-one. 45 (52) 4'-Methyl-alpha-pyrrolidinohexiophenone. Some trade or other 46 names: MPHP; 4'-methyl-alpha-pyrrolidinohexanophenone; 1-(4-methylphe 47 nyl)-2-(pyrrolidin-1-yl)hexan-1-one. 48 (53) alpha-Pyrrolidinoheptaphenone. Some trade or other names: PV8; 49 1-phenyl-2-(pyrrolidin-1-yl)heptan-1-one. 50 (54) 4'-Chloro-alpha-pyrrolidinovalerophenone. Some trade or other 51 names: 4-chloro-@-PVP; 4'-Chloro-alpha-pyrrolidinopentiophenone; 1-(4- 52 chlorophenyl)-2-(pyrrolidin-1-yl)pentan-1-one. 53 (55) 2-(ethylamino)-2-(3-methoxyphenyl)cyclohexan-1-one. Some trade or 54 other names: Methoxetamine; MXE. 55 (56) 1-(1,3-benzodioxol-5-yl)-2-(ethylamino)butan-1-one. Some trade or 56 other names: Eutylone; bk-EBDB. 
 S. 3007 55 A. 3007 1 § 4. Subdivision (e) of schedule I of section 3306 of the public 2 health law is amended by adding five new paragraphs 7, 8, 9, 10 and 11 3 to read as follows: 4 (7) 4-(2-chlorophenyl)-2-ethyl-9-methyl-6H-thieno{3,2-f}{1,2,4}triazol 5 o{4,3-a}{1,4}diazepine. Some trade or other names: Etizolam. 6 (8) 8-chloro-6-(2-fluorophenyl)-1-methyl-4H-benzo{f}{1,2,4}triazolo{4, 7 3-a}{1,4}diazepine. Some trade or other names: Flualprazolam. 8 (9) 6-(2-chlorophenyl)-1-methyl-8-nitro-4H-benzo{f}{1,2,4}triazolo{4,3 9 -a}{1,4}diazepine. Some trade or other names: Clonazolam. 10 (10) 8-bromo-6-(2-fluorophenyl)-1-methyl-4H-benzo{f}{1,2,4}triazolo{4, 11 3-a}{1,4}diazepine. Some trade or other names: Flubromazolam. 12 (11) 7-chloro-5-(2-chlorophenyl)-1-methyl-1,3-dihydro-2H-benzo{e}{1,4} 13 diazepin-2-one. Some trade or other names: Diclazepam. 14 § 5. Paragraphs 13 and 14 of subdivision (f) of schedule I of section 15 3306 of the public health law, as added by chapter 341 of the laws of 16 2013, are amended and five new paragraphs 25, 26, 27, 28, and 29 are 17 added to read as follows: 18 (13) 3-Fluoromethcathinone. Some trade or other names: 3-fluoro-N 19 -methylcathinone; 3-FMC. 20 (14) 4-Fluoromethcathinone. Some trade or other names: 4-fluoro-N- 21 methylcathinone; 4-FMC; Flephedrone. 22 (25) 7-{(10,11-dihydro-5H-dibenzo{a,d}cyclohepten-5-yl)amino}heptanoic 23 acid. Other name: Amineptine. 24 (26) N-phenyl-N'-(3-(1-phenylpropan-2-yl)-1,2,3-oxadiazol-3-ium-5-yl) 25 carbamimidate. Other name: Mesocarb. 26 (27) N-methyl-1-(thiophen-2-yl)propan-2-amine. Other name: Methiopro- 27 pamine. 28 (28) 4,4'-Dimethylaminorex. Some trade or other names: 4,4'-DMAR; 4,5- 29 dihydro-4-methyl-5-(4-methylphenyl)-2-oxazolamine; 4-methyl-5-(4-methyl 30 phenyl)-4,5-dihydro-1,3-oxazol-2-amine. 31 (29) Ethyl 2-phenyl-2-(piperidin-2-yl)acetate. Other name: Ethylpheni- 32 date. 33 § 6. Paragraphs 2, 6 and 10 of subdivision (g) of schedule I of 34 section 3306 of the public health law, as added by section 7 of part BB 35 of chapter 57 of the laws of 2018, are amended to read as follows: 36 (2) [{1-(5-fluro-pentyl)-1H-indol-3-yl}(2,2,3,3-tetramethylcyclopro 37 pyl) methanone.] {1-(5-fluoro-pentyl)-1H-indol-3-yl}(2,2,3,3-tetramethyl 38 cyclopropyl)methanone. Some trade names or other names: 5-fluoro-UR- 39 144[,]; XLR11. 40 (6) [N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-(4-fluorobenzyl)-1H-indazo 41 [-]le-3-carboxamide.] N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-(4-fluorob 42 enzyl)-1H-indazole-3-carboxamide. Some trade or other names: AB- FUBINA- 43 CA. 44 (10) [{1-(5-fluoropentyl)-1H-indazol-3-yl}(naphthalen-1-y1)methanone.] 45 {1-(5-fluoropentyl)-1H-indazol-3-yl}(naphthalen-1-yl)methanone. Some 46 trade or other names: THJ-2201. 47 § 7. Subdivision (g) of schedule I of section 3306 of the public 48 health law is amended by adding nineteen new paragraphs 11, 12, 13, 14, 49 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28 and 29 to read as 50 follows: 51 (11) N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1-(cyclohexylmethyl)-1H- 52 indazole-3-carboxamide. Some trade or other names: MAB-CHMINACA; ADB- 53 CHMINACA. 54 (12) methyl 2-(1-(4-fluorobenzyl)-1H-indazole-3-carboxamido)-3-methyl 55 butanoate. Some trade or other names: FUB-AMB; MMB-FUBINACA; AMB- 56 FUBINACA. 
 S. 3007 56 A. 3007 1 (13) methyl 2-(1-(cyclohexylmethyl)-1H-indole-3-carboxamido)-3,3- 2 dimethylbutanoate. Some trade or other names: MDMB-CHMICA; MMB-CHMINACA. 3 (14) methyl 2-(1-(4-fluorobenzyl)-1H-indazole-3-carboxamido)-3,3- 4 dimethylbutanoate. Some trade or other names: MDMB-FUBINACA. 5 (15) N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1-(4-fluorobenzyl)-1H-in 6 dazole-3-carboxamide. Some trade or other names: ADB-FUBINACA. 7 (16) N-(adamantan-1-yl)-1-(5-fluoropentyl)-1H-indazole-3-carboxamide. 8 Some trade or other names: 5F-APINACA; 5F-AKB48. 9 (17) methyl 2-(1-(5-fluoropentyl)-1H-indazole-3-carboxamido)-3-meth 10 ylbutanoate. Some trade or other names: 5F-AMB. 11 (18) methyl 2-(1-(5-fluoropentyl)-1H-indazole-3-carboxamido)-3,3- 12 dimethylbutanoate. Some trade or other names: 5F-ADB; 5F-MDMB-PINACA. 13 (19) Naphthalen-1-yl 1-(5-fluoropentyl)-1H-indole-3-carboxylate. Some 14 trade or other names: NM2201; CBL2201. 15 (20) N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-(5-fluoropentyl)-1H-inda 16 zole-3-carboxamide. Some trade or other names: 5F-AB-PINACA. 17 (21) 1-(4-cyanobutyl)-N-(2-phenylpropan-2-yl)-1H-indazole-3-carboxa 18 mide. Some trade or other names: 4-CN-CUMYL-BUTINACA; 4-cyano-CUMYL- 19 BUTINACA; 4-CN-CUMYL BINACA; CUMYL-4CN-BINACA; SGT-78. 20 (22) methyl2-(1-(cyclohexylmethyl)-1H-indole-3-carboxamido)-3-methyl 21 butanoate. Some trade or other names: MMB-CHMICA; AMB-CHMICA. 22 (23) 1-(5-fluoropentyl)-N-(2-phenylpropan-2-yl)-1H-pyrrolo{2,3-b}pyrid 23 ine-3-carboxamide. Some trade or other names: 5F-CUMYL-P7AICA. 24 (24) methyl 2-(1-(4-fluorobutyl)-1H-indazole-3-carboxamido)-3,3-dimeth 25 ylbutanoate. Some trade or other names: 4F-MDMB-BINACA; 4F-MDMB- 26 BUTINACA. 27 (25) ethyl 2-(1-(5-fluoropentyl)-1H-indazole-3-carboxamido)-3,3-dimeth 28 ylbutanoate. Some trade or other names: 5F-EDMB-PINACA. 29 (26) methyl2-(1-(5-fluoropentyl)-1H-indole-3-carboxamido)-3,3-dimeth 30 ylbutanoate. Some trade or other names: 5F-MDMB-PICA; 5F-MDMB-2201. 31 (27) N-(adamantan-1-yl)-1-(4-fluorobenzyl)-1H-indazole-3-carboxamide. 32 Some trade or other names: FUB-AKB48; FUB-APINACA; AKB48 33 N-(4-FLUOROBENZYL). 34 (28) 1-(5-fluoropentyl)-N-(2-phenylpropan-2-yl)-1H-indazole-3-carbox 35 amide. Some trade or other names: 5F-CUMYL-PINACA; SGT-25. 36 (29) (1-(4-fluorobenzyl)-1H-indol-3-yl)(2,2,3,3-tetramethylcyclopro 37 pyl)methanone. Some trade or other names: FUB-144. 38 § 8. Paragraph 1 of subdivision (b) of schedule II of section 3306 of 39 the public health law, as amended by section 1 of part C of chapter 447 40 of the laws of 2012, is amended to read as follows: 41 (1) Opium and opiate, and any salt, compound, derivative, or prepara- 42 tion of opium or opiate, excluding apomorphine, dextrorphan, nalbuphine, 43 naldemedine, nalmefene, naloxegol, naloxone, [and] 6&-naltrexol, 44 naltrexone, and samidorphan, and their respective salts, but including 45 the following: 46 1. Raw opium. 47 2. Opium extracts. 48 3. Opium fluid. 49 4. Powdered opium. 50 5. Granulated opium. 51 6. Tincture of opium. 52 7. Codeine. 53 8. Ethylmorphine. 54 9. Etorphine hydrochloride. 55 10. Hydrocodone (also known as dihydrocodeinone). 56 11. Hydromorphone. 
 S. 3007 57 A. 3007 1 12. Metopon. 2 13. Morphine. 3 14. Oxycodone. 4 15. Oxymorphone. 5 16. Thebaine. 6 17. Dihydroetorphine. 7 18. Oripavine. 8 19. Noroxymorphone. 9 § 9. Paragraph 4 of subdivision (b) of schedule II of section 3306 of 10 the public health law, as amended by chapter 244 of the laws of 2016, is 11 amended to read as follows: 12 (4) Coca leaves and any salt, compound, derivative, or preparation of 13 coca leaves, and any salt, compound, derivative, or preparation thereof 14 which is chemically equivalent or identical with any of these substances 15 including cocaine and ecgonine, their salts, isomers, and salts of isom- 16 ers, except that the substances shall not include: (A) decocainized coca 17 leaves or extraction of coca leaves, which extractions do not contain 18 cocaine or ecgonine; [or] (B) {123I} ioflupane; or (C) {18F}FP-CIT. 19 § 10. Subdivision (c) of schedule II of section 3306 of the public 20 health law is amended by adding a new paragraph 30 to read as follows: 21 (30) Oliceridine. (N-{(3-methoxythiophen-2-yl)methyl}({2-{(9R)-9- 22 (pyridin-2-yl)-6-oxaspiro{4.5}decan-9-yl}ethyl})amine). 23 § 11. Subdivision (f) of schedule II of section 3306 of the public 24 health law, as amended by chapter 589 of the laws of 1996, the undesig- 25 nated paragraph as amended by chapter 575 of the laws of 2001, is 26 amended to read as follows: 27 (f) Hallucinogenic substances. 28 [Nabilone: Another name for nabilone: (+,-)-trans 29 -3-(1,1-dimethylheptyl)-6, 6a, 7, 8, 10, 10a-hexahydro-1-hydroxy-6, 30 6-dimethyl-9H-dibenzo{b,d}pyran-9-one.] (1) Nabilone. Another name for 31 nabilone:(+,-)-trans-3-(1,1-dimethylheptyl)-6,6a,7,8,10,10a-hexahydro-1- 32 hydroxy-6,6-dimethyl-9H-dibenzo{b,d}pyran-9-one. 33 (2) Dronabinol {(-)-delta-9-transtetrahydrocannabinol} in an oral 34 solution in a drug product approved for marketing by the United States 35 Food and Drug Administration. 36 § 12. Subparagraph (i) of paragraph 3 of subdivision (g) of schedule 37 II of section 3306 of the public health law, as amended by section 2 of 38 part BB of chapter 57 of the laws of 2023, is amended to read as 39 follows: 40 (i) [4-anilino-N-phenenethylpiperidine] 4-anilino-N-phenethylpiperi 41 dine (ANPP)[.]; 42 § 13. Subdivision (h) of schedule II of section 3306 of the public 43 health law, as amended by section 8 of part C of chapter 447 of the laws 44 of 2012, is amended to read as follows: 45 (h) (1) Anabolic steroids. Unless specifically excepted or unless 46 listed in another schedule, "anabolic steroid" shall mean any drug or 47 hormonal substance, chemically and pharmacologically related to testos- 48 terone (other than estrogens, progestins, corticosteroids and dehydroe- 49 piandrosterone) and includes: 50 [(1) 3{beta}, 17-dihydroxy-5a-androstane] (i) 3{beta},17{beta}- 51 dihydroxy-5{alpha}-androstane. 52 [(2) 3{alpha}, 17{beta}-dihydroxy-5a-androstane] (ii) 3{alpha},17 53 {beta}-dihydroxy-5{alpha}-androstane. 54 [(3)] (iii) 5{alpha}-androstan-3,17-dione. 55 [(4)] (iv) 1-androstenediol (3{beta},17{beta}-dihydroxy-5{alpha}- 56 androst-1-ene). 
 S. 3007 58 A. 3007 1 [(5)] (v) 1-androstenediol (3{alpha},17{beta}-dihydroxy-5{alpha}- 2 androst-1-ene). 3 [(6)] (vi) 4-androstenediol [(3{beta}, 17{beta}-dihydroxy-androst 4 -4-ene)] (3{beta},17{beta}-dihydroxy-androst-4-ene). 5 [(7)] (vii) 5-androstenediol [(3{beta},17{beta}-dihydroxy-androst-5- 6 ene)] (3{beta},17{beta}-dihydroxy-androst-5-ene). 7 [(8)] (viii) 1-androstenedione [({5{alpha}}-androst-1-en-3,17-dione)] 8 (5{alpha}-androst-1-en-3,17-dione). 9 [(9)] (ix) 4-androstenedione (androst-4-en-3,17-dione). 10 [(10)] (x) 5-androstenedione (androst-5-en-3,17-dione). 11 [(11)] (xi) Bolasterone [(7{alpha},17{alpha}-dimethyl-17{beta}- 12 hydroxyandrost-4-en-3-one)] (7{alpha},17{alpha}-dimethyl-17{beta}-hydro 13 xyandrost-4-en-3-one). 14 [(12)] (xii) Boldenone [(17{beta}-hydroxyandrost-1, 4,-diene-3-one)] 15 (17{beta}-hydroxyandrost-1,4-diene-3-one). 16 [(13)] (xiii) Boldione (androsta-1,4-diene-3,17-dione). 17 [(14)] (xiv) Calusterone [(7{beta},17{alpha}-dimethyl-17{beta}- 18 hydroxyandrost-4-en-3-one)] (7{beta},17{alpha}-dimethyl-17{beta}-hydroxy 19 androst-4-en-3-one). 20 [(15)] (xv) Clostebol [(4-chloro-17{beta}-hydroxyandrost-4-en-3-one)] 21 (4-chloro-17{beta}-hydroxyandrost-4-en-3-one). 22 [(16)] (xvi) Dehydrochloromethyltestosterone (4-chloro-17{beta}- 23 hydroxy-17{alpha}-methyl-androst-1, 4-dien-3-one). 24 [(17) {Delta} 1-dihydrotestosterone] (xvii) {Delta}1-dihydrotestos 25 terone (a.k.a. '1-testosterone') (17{beta}-hydroxy-5{alpha}-androst-1- 26 en-3-one). 27 [(18)] (xviii) 4-dihydrotestosterone (17{beta}-hydroxy-androstan- 28 3-one). 29 [(19)] (xix) Drostanolone (17{beta}-hydroxy-2{alpha}-methyl 30 -5{alpha}-androstan-3-one). 31 [(20)] (xx) Ethylestrenol (17{alpha}-ethyl-17{beta}-hydroxyestr- 32 4-ene). 33 [(21)] (xxi) Fluoxymesterone [(9-fluoro-17{alpha}-methyl-11{beta}, 17 34 {beta}-dihydroxyandrost-4-en-3-one)] (9-fluoro-17{alpha}-methyl- 35 11{beta},17{beta}-dihydroxyandrost-4-en-3-one). 36 [(22)] (xxii) Formebolone [(2-formyl-17{alpha}-methyl-11{alpha}, 37 17{beta}-dihydroxyandrost-1, 4-dien-3-one)] (2-formyl-17{alpha}-methyl 38 -11{alpha},17{beta}-dihydroxyandrost-1,4-dien-3-one). 39 [(23)] (xxiii) Furazabol [(17{alpha}-methyl-17{beta}-hydroxyandrostano 40 {2, 3-c}-furazan)] (17{alpha}-methyl-17{beta}-hydroxyandrostano{2,3-c}- 41 furazan). 42 [(24) 13{beta}-ethyl-17{beta}-hyroxygon-4-en-3-one] (xxiv) 13{beta}- 43 ethyl-17{beta}-hydroxygon-4-en-3-one. 44 [(25)] (xxv) 4-hydroxytestosterone [(4, 17{beta}-dihydroxy-androst-4- 45 en-3-one)] (4,17{beta}-dihydroxy-androst-4-en-3-one). 46 [(26)] (xxvi) 4-hydroxy-19-nortestosterone [(4,17{beta}-dihydroxy 47 -estr-4-en-3-one)] (4,17{beta}-dihydroxyestr-4-en-3-one). 48 [(27) desoxymethyltestosterone] (xxvii) Desoxymethyltestosterone 49 (17{alpha}-methyl-5 {alpha}-androst-2-en-17{beta}-ol) (a.k.a., [madol)] 50 'madol'). 51 [(28)] (xxviii) Mestanolone [(17{alpha}-methyl-17{beta}-hydroxy-5- 52 androstan-3-one)] 53 (17{alpha}-methyl-17{beta}-hydroxy-5-{alpha}-androstan- 3-one). 54 [(29)] (xxix) Mesterolone [(1{alpha}methyl-17{beta}-hydroxy- 55 {5{alpha}}-androstan-3-one)] (1{alpha}-methyl-17{beta}-hydroxy-5{alpha} 56 -androstan-3-one). 
 S. 3007 59 A. 3007 1 [(30)] (xxx) Methandienone [(17{alpha}-methyl-17{beta}-hydroxyandrost- 2 1, 4-dien-3-one)] (17{alpha}-methyl-17{beta}-hydroxyandrost-1, 4-dien-3- 3 one). 4 [(31)] (xxxi) Methandriol [(17{alpha}-methyl-3{beta}, 17{beta}-dihydro 5 xyandrost-5-ene)] (17{alpha}-methyl-3{beta},17{beta}-dihydroxyandrost- 6 5-ene). 7 [(32)] (xxxii) Methenolone [(1-methyl-17{beta}-hydroxy-5{alpha} 8 -androst-1-en-3-one)] (1-methyl-17{beta}-hydroxy-5{alpha}-androst-1- 9 en-3-one). 10 [(33) 17{alpha}-methyl-3{beta}, 17{beta}-dihydroxy-5-androstane] 11 (xxxiii) 12 17{alpha}-methyl-3{beta},17{beta}-dihydroxy-5{alpha}-androstane. 13 [(34) 17{alpha}-methyl-3{alpha}, 17{beta}-dihydroxy-5a-androstane] 14 (xxxiv) 17{alpha}-methyl-3{alpha},17{beta}-dihydroxy5{alpha}-androstane. 15 [(35) 17{alpha}-methyl-3{beta}, 17{beta}-dihydroxyandrost-4-ene.] 16 (xxxv) 17{alpha}-methyl-3{beta},17{beta}-dihydroxyandrost-4-ene. 17 [(36) 17{alpha}-methyl-4-hydroxynandrolone (17{alpha}-methyl-4-hydroxy 18 -17{beta}-hydroxyestr-4-en-3-one).] (xxxvi) 17{alpha}-methyl-4-hydroxy 19 nandrolone(17{alpha}-methyl-4-hydroxy-17{beta}-hydroxyestr-4-en-3-one). 20 [(37)] (xxxvii) Methyldienolone [(17{alpha}-methyl-17{beta}-hydroxy 21 estra-4,9(10)-dien-3-one).] (17{alpha}-methyl-17{beta}-hydroxyestra-4,9 22 (10)-dien-3-one). 23 [(38)] (xxxviii) Methyltrienolone [(17{alpha}-methyl-17{beta}-hydroxy 24 estra-4, 9-11-trien-3-one).] (17{alpha}-methyl-17{beta}-hydroxyestra-4, 25 9,11-trien-3-one). 26 [(39)] (xxxix) Methyltestosterone (17{alpha}-methyl-17{beta}-hydroxy 27 androst-4-en-3-one). 28 [(40)] (xl) Mibolerone (7{alpha},17{alpha}-dimethyl-17{beta}-hydroxy 29 estr-4-en-3-one). 30 [(41) 17{alpha}-methyl-{Delta} 1-dihydrotestosterone(17b{beta}-hydroxy 31 -17{alpha}-methyl-5{alpha}-androst-1-en-3-one)] (xli) 17{alpha}-methyl- 32 {Delta}1-dihydrotestosterone(17{beta}-hydroxy-17{alpha}-methyl-5{alpha}- 33 androst-1-en-3-one) (a.k.a. '17-{alpha}-methyl-1-testosterone'). 34 [(42) Nandrolone(17{beta}-hydroxyestr-4-en-3-one).] (xlii) Nandrolone 35 (17{beta}-hydroxyestr-4-en-3-one). 36 [(43)] (xliii) 19-nor-4-androstenediol [(3{beta},17{beta}-dihydroxy 37 estr -4-ene).] (3{beta},17{beta}-dihydroxyestr-4-ene). 38 [(44)] (xliv) 19-nor-4-androstenediol [(3{alpha},17{beta}-dihydroxy 39 estr-4-ene).] (3{alpha},17{beta}-dihydroxyestr-4-ene). 40 [(45)] (xlv) 19-nor-5-androstenediol [(3{beta},17{beta}-dihydroxyestr 41 -5-ene).] (3{beta},17{beta}-dihydroxyestr-5-ene). 42 [(46)] (xlvi) 19-nor-5-androstenediol [(3{alpha},17{beta}-dihydrox- 43 yestr-5-ene).] (3{alpha},17{beta}-dihydroxyestr-5-ene). 44 [(47) 19-nor-4,9(10)-androstadienedione (estra-4,9(10)-diene-3,17- 45 dione).] (xlvii) 19-nor-4,9 (10)-androstadienedione (estra-4,9(10)- 46 diene-3,17-dione). 47 [(48)] (xlviii) 19-nor-4-androstenedione (estr-4-en-3,17-dione). 48 [(49)] (xlix) 19-nor-5-androstenedione (estr-5-en-3,17-dione). 49 [(50)] (l) Norbolethone [(13{beta}, 17{alpha}-diethyl-17{beta}- 50 hydroxygon-4-en-3-one).] (13{beta},17{alpha}-diethyl-17{beta}-hydroxygon 51 -4-en-3-one). 52 [(51)] (li) Norclostebol [(4-chloro-17{beta}-hydroxyestr-4-en-3- 53 one).] (4-chloro-17{beta}-hydroxyestr-4-en-3-one). 54 [(52)] (lii) Norethandrolone (17{alpha}-ethyl-17{beta}-hydroxyestr- 55 4-en-3-one). 
 S. 3007 60 A. 3007 1 [(53)] (liii) Normethandrolone [(17{alpha}-methyl-17{beta}-hydroxestr- 2 4-en-3-one).] (17{alpha}-methyl-17{beta}-hydroxyestr-4-en-3-one). 3 [(54)] (liv) Oxandrolone [(17{alpha}-methyl-17{beta}-hydroxy-2-oxa- 4 {5{alpha}}-androstan-3-one).] (17{alpha}-methyl-17{beta}-hydroxy-2-oxa- 5 5{alpha}-androstan-3-one). 6 [(55)] (lv) Oxymesterone [(17{alpha}-methyl-4, 17{beta}-dihydroxy 7 androst-4-en-3-one).] (17{alpha}-methyl-4,17{beta}-dihydroxyandrost-4- 8 en-3-one). 9 [(56)] (lvi) Oxymetholone [(17 {alpha}-methyl-2-hydroxymethylene-17 10 {beta}-hydroxy-{5{alpha}}- androstan-3-one).] (17{alpha}-methyl-2-hydro 11 xymethylene-17{beta}-hydroxy-5{alpha}-androstan-3-one). 12 [(57)] (lvii) Stanozolol [(17{alpha}-methyl-17{beta}-hydroxy- 13 {5{alpha}}-androst-2-eno{3,2-c}-pyrazole).] (17{alpha}-methyl-17{beta}- 14 hydroxy-5{alpha}-androst-2-eno{3,2-c}-pyrazole). 15 [(58)] (lviii) Stenbolone [(17{beta}-hydroxy-2-methyl-{5{alpha}}- 16 androst-1-en-3-one).] (17{beta}-hydroxy-2-methyl-5{alpha}-androst-1-en- 17 3-one). 18 [(59)] (lix) Testolactone [(13-hydroxy-3-oxo-13, 17-secoandrosta-1, 19 4-dien-17-oic acid lactone).] (13-hydroxy-3-oxo-13,17-secoandrosta1,4- 20 dien-17-oic acid lactone). 21 [(60)] (lx) Testosterone (17{beta}-hydroxyandrost-4-en-3-one). 22 [(61)] (lxi) Tetrahydrogestrinone [(13{beta}, 17{alpha}-diethyl- 23 17{beta}-hydroxygon-4, 9, 11-trien-3-one).] (13{beta},17{alpha}-diethyl- 24 17{beta}-hydroxygon-4,9,11-trien-3-one). 25 [(62)] (lxii) Trenbolone [(17{beta}-hydroxyestr-4, 9, 11-trien- 26 3-one).] (17{beta}-hydroxyestr-4,9,11-trien-3-one). 27 [(63)] (lxiii) 5{alpha}-androstan-3,6,17-trione. 28 (lxiv) 6-bromo-androsta-1,4-diene-3,17-dione. 29 (lxv) 6-bromo-androstan-3,17-dione. 30 (lxvi) 4-chloro-17{alpha}-methyl-androsta-1,4-diene-3,17{beta}-diol. 31 (lxvii) 4-chloro-17{alpha}-methyl-androst-4-ene-3{beta},17{beta}-diol. 32 (lxviii) 4-chloro-17{alpha}-methyl-17{beta}hydroxy-androst-4-en-3-one. 33 (lxix) 4-chloro-17{alpha}-methyl-17{beta}hydroxy-androst-4-ene-3,11- 34 dione. 35 (lxx) 2{alpha},17{alpha}-dimethyl-17{beta}-hydroxy-5{beta}-androstan- 36 3-one. 37 (lxxi) 2{alpha},3{alpha}-epithio-17{alpha}-methyl-5{alpha}androstan-17 38 {beta}-ol. 39 (lxxii) estra-4,9,11-triene-3,17-dione. 40 (lxxiii) {3,2-c}furazan-5{alpha}-androstan-17{beta}-ol. 41 (lxxiv) 18a-homo-3-hydroxy-estra-2,5(10)-dien-17-one. 42 (lxxv) 4-hydroxy-androst-4-ene-3,17-dione. 43 (lxxvi) 17{beta}-hydroxy-androstano{2,3-d}isoxazole. 44 (lxxvii) 17{beta}-hydroxy-androstano{3,2-c}isoxazole. 45 (lxxviii) 3{beta}-hydroxy-estra-4,9,11-trien-17-one. 46 (lxxix) Methasterone (2{alpha},17{alpha}-dimethyl-5{alpha}-androstan- 47 17{beta}-ol-3-one or 2{alpha},17{alpha}-dimethyl-17{beta}-hydroxy- 48 5{alpha}-androstan-3-one). 49 (lxxx) 17{alpha}-methyl-androsta-1,4-diene-3,17{beta}-diol. 50 (lxxxi) 17{alpha}-methyl-5{alpha}-androstan-17{beta}-ol. 51 (lxxxii) 17{alpha}-methyl-androstan-3-hydroxyimine-17{beta}-ol. 52 (lxxxiii) 6{alpha}-methyl-androst-4-ene-3,17-dione. 53 (lxxxiv) 17{alpha}-methyl-androst-2-ene-3,17{beta}diol. 54 (lxxxv) Prostanozol (17{beta}-hydroxy-5{alpha}-androstano{3,2-c} 55 pyrazole) or {3,2-c}pyrazole-5{alpha}-androstan-17{beta}-ol. 56 (lxxxvi) {3,2-c}pyrazole-androst-4-en-17{beta}-ol. 
 S. 3007 61 A. 3007 1 (lxxxvii) Any salt, ester or ether of a drug or substance described or 2 listed in this subdivision. 3 (2) (i) Subject to subparagraph (ii) of this paragraph, a drug or 4 hormonal substance, other than estrogens, progestins, corticosteroids, 5 and dehydroepiandrosterone, that is not listed in paragraph one of this 6 subdivision and is derived from, or has a chemical structure substan- 7 tially similar to, one or more anabolic steroids listed in paragraph one 8 of this subdivision shall be considered to be an anabolic steroid for 9 purposes of this schedule if: 10 (A) the drug or substance has been created or manufactured with the 11 intent of producing a drug or other substance that either: 12 1. promotes muscle growth; or 13 2. otherwise causes a pharmacological effect similar to that of 14 testosterone; or 15 (B) the drug or substance has been, or is intended to be, marketed or 16 otherwise promoted in any manner suggesting that consuming it will 17 promote muscle growth or any other pharmacological effect similar to 18 that of testosterone. 19 (ii) A substance shall not be considered to be a drug or hormonal 20 substance for purposes of this subdivision if: 21 (A) it is: 22 1. an herb or other botanical; 23 2. a concentrate, metabolite, or extract of, or a constituent isolated 24 directly from, an herb or other botanical; or 25 3. a combination of two or more substances described in clause one or 26 two of this item; 27 (B) it is a dietary ingredient for purposes of the Federal Food, Drug, 28 and Cosmetic Act (21 U.S.C. 301 et seq.); and 29 (C) it is not anabolic or androgenic. 30 (iii) In accordance with subdivision one of section thirty-three 31 hundred ninety-six of this article, any person claiming the benefit of 32 an exemption or exception under subparagraph (ii) of this paragraph 33 shall bear the burden of going forward with the evidence with respect to 34 such exemption or exception. 35 § 14. Subdivision (c) of schedule III of section 3306 of the public 36 health law is amended by adding a new paragraph 15 to read as follows: 37 (15) Perampanel, its salts, isomers and salts of isomers. 38 § 15. Subdivision (c) of schedule IV of section 3306 of the public 39 health law is amended by adding seven new paragraphs 54, 55, 56, 57, 58, 40 59 and 60 to read as follows: 41 (54) Alfaxalone. 42 (55) Brexanolone. 43 (56) Daridorexant. 44 (57) Lemborexant. 45 (58) Remimazolam. 46 (59) Suvorexant. 47 (60) Zuranolone. 48 § 16. Paragraph 10 of subdivision (e) of schedule IV of section 3306 49 of the public health law, as amended by chapter 589 of the laws of 1996, 50 is amended and two new paragraphs 13 and 14 are added to read as 51 follows: 52 (10) SPA((-)[)]-1-dimethylamino-1, 2-diphenylethane). 53 (13) Serdexmethylphenidate. 54 (14) Solriamfetol (2-amino-3-phenylpropyl carbamate; benzenepropanol, 55 beta-amino-, carbamate(ester)). 
 S. 3007 62 A. 3007 1 § 17. Subdivision (f) of schedule IV of section 3306 of the public 2 health law, as added by chapter 664 of the laws of 1985, paragraph 2 as 3 added by chapter 457 of the laws of 2006 and paragraph 3 as added by 4 section 14 of part C of chapter 447 of the laws of 2012, is amended to 5 read as follows: 6 (f) Other substances. Unless specifically excepted or unless listed in 7 another schedule, any material, compound, mixture or preparation which 8 contains any quantity of the following substances, including its salts, 9 isomers, and salts of such isomers, whenever the existence of such 10 salts, isomers, and salts of isomers is possible: 11 (1) Pentazocine. 12 (2) Butorphanol (including its optical isomers). 13 (3) Tramadol in any quantities. 14 (4) Eluxadoline (5-{{{(2S))-2-amino-3-{4-(aminocarbonyl)-2,6-dimethyl 15 phenyl}-1-oxopropyl}{(1S)-1-(4-phenyl-1H-imidazol-2-yl)ethyl}amino}meth 16 yl}-2-methoxybenzoic acid) (including its optical isomers) and its 17 salts, isomers, and salts of isomers. 18 (5) Lorcaserin.