N.Y. PBH Law § 2511 — New York Code / Act PBH / Article 25 / Title 1-A / Section 2511
Child health insurance plan 1
Status: in_force

§ 2511. Child health insurance plan 1. (a) The commissioner, in\nconsultation with the superintendent, shall establish a program to the\nextent of funds available therefor through contractual arrangements with\napproved organizations to provide covered health care services coverage\nfor eligible children. The availability of coverage for primary and\npreventive health care services and inpatient health care services\ncoverage shall be continued pending approval of contractual arrangements\nthat include covered health care services coverage and implementation of\nsuch coverage to the extent of funds available therefor.\n  (b) Coverage for covered health care services shall not be effective\nuntil such time as contractual arrangements are executed pursuant to\nthis section for such purposes and an eligible child is enrolled in the\nprogram.\n  2. In order to be eligible for a subsidy payment pursuant to\nsubdivision three of this section, a child shall meet the following\ncriteria:\n  (a) (i) effective January first, nineteen hundred ninety-nine, resides\nin a household having a net household income at or below one hundred\nninety-two percent of the non-farm federal poverty level (as defined and\nupdated by the United States department of health and human services) or\nthe gross equivalent of such net income; and\n  (ii) effective July first, two thousand, resides in a household having\na gross household income at or below two hundred fifty percent of the\nnon-farm federal poverty level (as defined and updated by the United\nStates department of health and human services); and\n  (iii) effective September first, two thousand eight, resides in a\nhousehold having a household income at or below four hundred percent of\nthe non-farm federal poverty level (as defined and updated by the United\nStates department of health and human services);\n  (b) is not eligible for medical assistance, except that a child who\nbecomes eligible for medical assistance after becoming an eligible child\nunder this title, may be eligible for a subsidy payment pursuant to\nsubdivision three of this section as medical assistance for a period up\nto three months after becoming eligible for medical assistance; and\n  (c) does not have health care coverage under insurance, as defined by\nthe commissioner, in consultation with the superintendent. The applicant\nfor insurance shall attest to the source and nature of the child's\nhealth care coverage under this paragraph, if any; and\n  * (e) is a resident of New York state. Such residency shall be\ndemonstrated by adequate proof, as determined by the commissioner, of a\nNew York state street address. If the child has no street address, such\nproof may include, but not be limited to, school records or other\ndocumentation determined by the commissioner.\n  * NB Effective until January 1, 2014 or a later date to be determined\nby the commisioner of health (see chapter 56 of 2013 Part D § 76 sb h)\n  * (e) is a resident of New York state. Such residency shall be\nattested to by the applicant for insurance, provided however, the\ncommissioner shall require adequate proof of a New York state street\naddress in circumstances when there is an inconsistency with residency\ninformation from other data sources.\n  * NB Effective January 1, 2014 or a later date to be determined by the\ncommissioner of health (see chapter 56 of 2013 Pt. D § 76 sub h)\n  (f) * (i) In order to establish income eligibility under this\nsubdivision at initial application, a household shall provide such\ndocumentation specified in subparagraph (iii) of this paragraph, as\nnecessary and sufficient to determine a child's financial eligibility\nfor a subsidy payment under this title. The commissioner may verify the\naccuracy of such income information provided by the household by\nmatching it against income information contained in databases to which\nthe commissioner has access, including the state's wage reporting system\npursuant to subdivision five of section one hundred seventy-one-a of the\ntax law and by means of an income verification performed pursuant to a\ncooperative agreement with the department of taxation and finance\npursuant to subdivision four of section one hundred seventy-one-b of the\ntax law.\n  * NB Effective until January 1, 2014 or a later date to be determined\nby the commisioner of health (see chapter 56 of 2013 Part D § 76 sb h)\n  * (i) In order to establish income eligibility under this subdivision\nat initial application, a household shall provide the social security\nnumbers for each parent and legally responsible adult who is a member of\nthe household, subject to subparagraph (v) of this paragraph. The\ncommissioner shall determine eligibility based on income information\ncontained in databases to which the commissioner has access, including\nthe state's wage reporting system pursuant to subdivision five of\nsection one hundred seventy-one-a of the tax law and by means of an\nincome verification performed pursuant to a cooperative agreement with\nthe department of taxation and finance pursuant to subdivision four of\nsection one hundred seventy-one-b of the tax law. The commissioner shall\nrequire an attestation by the household that the income information\nobtained from electronic data sources is accurate. Such attestation\nshall include any other household income information not obtained from\nan electronic data source that is necessary to determine a child's\nfinancial eligibility for a subsidy payment under this title. If the\nattestation is reasonably compatible with information obtained from\navailable data sources, no further information or documentation is\nrequired. If the attestation is not reasonably compatible with\ninformation obtained from available data sources, documentation shall be\nrequired as specified in subparagraph (iii) of this paragraph.\n  * NB Effective January 1, 2014 or a later date to be determined by the\ncommissioner of health (see chapter 56 of 2013 Pt. D § 76 sub h)\n  (ii) In order to establish income eligibility under this subdivision\nat recertification, the commissioner may make a redetermination of\neligibility without requiring information from the individual if able to\ndo so based on reliable information contained in the individual's\nenrollment file or other more current information contained in databases\nto which the commissioner has access, including the state's wage\nreporting system and by means of an income verification performed\npursuant to a cooperative agreement with the department of taxation and\nfinance pursuant to subdivision four of section one hundred\nseventy-one-b of the tax law. The commissioner shall require an\nattestation by the household that the income information contained in\nthe enrollment file or obtained from electronic data sources is\naccurate. Such attestation shall include any other household income\ninformation not obtained from an electronic data source that is\nnecessary to redetermine a child's financial eligibility for a subsidy\npayment under this title. In the event that there is an inconsistency\nbetween the income information attested to by the household and any\ninformation obtained by the commissioner from other sources pursuant to\nthis subparagraph, and such inconsistency is material to the household's\neligibility for a subsidy payment under this title, the commissioner\nshall require the household to provide income documentation as specified\nin subparagraph (iii) of this paragraph.\n  * (iii) Income documentation shall include, but not be limited to, one\nor more of the following for each parent and legally responsible adult\nwho is a member of the household and whose income is available to the\nchild;\n  (A) current annual income tax returns;\n  (B) paycheck stubs;\n  (C) written documentation of income from all employers; or\n  (D) written documentation of income eligibility of a child for free or\nreduced breakfast or lunch through the school meal program certified by\nthe child's school, provided that:\n  (I) the commissioner may verify the accuracy of the information\nprovided in the same manner and way as provided for in subparagraph (ii)\nof this paragraph; and\n  (II) such documentation may not be suitable proof of income in the\nevent of a material inconsistency in income after the commissioner has\nperformed verification pursuant to subparagraph (ii) of this paragraph;\nor\n  (E) other documentation of income (earned or unearned) as determined\nby the commissioner, provided, however, such documentation shall set\nforth the source of such income.\n  * NB Effective until January 1, 2014 or a later date to be determined\nby the commisioner of health (see chapter 56 of 2013 Part D § 76 sb h)\n  * (iii) If the attestation of household income required by\nsubparagraphs (i) and (ii) of this paragraph is not reasonably\ncompatible with information obtained from data sources, further\ninformation, including documentation, shall be required. Income\ndocumentation shall include, but not be limited to, one or more of the\nfollowing for each parent and legally responsible adult who is a member\nof the household and whose income is available to the child;\n  (A) current annual income tax returns;\n  (B) paycheck stubs;\n  (C) written documentation of income from all employers; or\n  (D) written documentation of income eligibility of a child for free or\nreduced breakfast or lunch through the school meal program certified by\nthe child's school, provided that:\n  (I) the commissioner may verify the accuracy of the information\nprovided in the same manner and way as provided for in subparagraph (ii)\nof this paragraph; and\n  (II) such documentation may not be suitable proof of income in the\nevent of a material inconsistency in income after the commissioner has\nperformed verification pursuant to subparagraph (ii) of this paragraph;\nor\n  (E) other documentation of income (earned or unearned) as determined\nby the commissioner, provided, however, such documentation shall set\nforth the source of such income.\n  * NB Effective January 1, 2014 or a later date to be determined by the\ncommissioner of health (see chapter 56 of 2013 Pt. D § 76 sub h)\n  * (iv) In the event a household does not provide income documentation\nrequired by subparagraph (iii) of this paragraph within two months of\nthe approved organization's request, the approved organization shall\ndisenroll the child at the end of such two month period. Except as\nprovided in paragraph (c) of subdivision five-a of this section,\napproved organizations shall not be obligated to repay subsidy payments\nmade by the state on behalf of children enrolled during this two month\nperiod.\n  * NB Effective until January 1, 2014 or a later date to be determined\nby the commisioner of health (see chapter 56 of 2013 Part D § 76 sb h)\n  * (iv) In the event a household does not provide income documentation\nrequired by subparagraph (iii) of this paragraph within two months of\nthe approved organization's or state enrollment center's request,\nwhichever is applicable, the approved organization or state enrollment\ncenter shall disenroll the child at the end of such two month period.\nExcept as provided in paragraph (c) of subdivision five-a of this\nsection, approved organizations shall not be obligated to repay subsidy\npayments made by the state on behalf of children enrolled during this\ntwo month period.\n  * NB Effective January 1, 2014 or a later date to be determined by the\ncommissioner of health (see chapter 56 of 2013 Pt. D § 76 sub h)\n  * (v) In the event a household chooses not to provide the social\nsecurity numbers required by subparagraph (ii) of this paragraph, such\nhousehold shall provide income documentation specified in subparagraph\n(iii) of this paragraph as a condition of the child's enrollment.\nNothing in this paragraph shall be construed as obligating a household\nto provide social security numbers of parents or legally responsible\nadults as a condition of a child's enrollment or eligibility for a\nsubsidy payment under this title.\n  * NB Effective until January 1, 2014 or a later date to be determined\nby the commisioner of health (see chapter 56 of 2013 Part D § 76 sb h)\n  * (v) In the event a household chooses not to provide the social\nsecurity numbers required by subparagraphs (i) and (ii) of this\nparagraph, such household shall provide income documentation specified\nin subparagraph (iii) of this paragraph as a condition of the child's\nenrollment. Nothing in this paragraph shall be construed as obligating a\nhousehold to provide social security numbers of parents or legally\nresponsible adults as a condition of a child's enrollment or eligibility\nfor a subsidy payment under this title.\n  * NB Effective January 1, 2014 or a later date to be determined by the\ncommissioner of health (see chapter 56 of 2013 Pt. D § 76 sub h)\n  * (vi) Any income verification response by the department of taxation\nand finance pursuant to subparagraphs (i) and (ii) of this paragraph\nshall not be a public record and shall not be released by the\ncommissioner, the department of taxation and finance or an approved\norganization except pursuant to this paragraph. Information disclosed\npursuant to this paragraph shall be limited to information necessary for\nverification. Information so disclosed shall be kept confidential by the\nparty receiving such information. Such information shall be expunged\nwithin a reasonable time to be determined by the commissioner and the\ndepartment of taxation and finance.\n  * NB Effective until January 1, 2014 or a later date to be determined\nby the commisioner of health (see chapter 56 of 2013 Part D § 76 sb h)\n  * (vi) Any income verification response by the department of taxation\nand finance pursuant to subparagraphs (i) and (ii) of this paragraph\nshall not be a public record and shall not be released by the\ncommissioner, the department of taxation and finance, an approved\norganization, or the state enrollment center, except pursuant to this\nparagraph. Information disclosed pursuant to this paragraph shall be\nlimited to information necessary for verification. Information so\ndisclosed shall be kept confidential by the party receiving such\ninformation. Such information shall be expunged within a reasonable time\nto be determined by the commissioner and the department of taxation and\nfinance.\n  * NB Effective January 1, 2014 or a later date to be determined by the\ncommissioner of health (see chapter 56 of 2013 Pt. D § 76 sub h)\n  * (g) (i) Notwithstanding any inconsistent provision of law to the\ncontrary and subject to the availability of federal financial\nparticipation under title XIX of the federal social security act, a\nchild under the age of nineteen shall be presumed to be eligible for\nsubsidy payments and temporarily enrolled for coverage under this title,\nonce during a twelve month period, beginning on the first day of the\nenrollment period following the date that an approved organization\ndetermines, on the basis of preliminary information, that a child's net\nhousehold income does not exceed the income level specified in title\neleven of article five of the social services law for children eligible\nfor medical assistance based on such child's age. The temporary\nenrollment period shall continue until the earlier of the date an\neligibility determination is made pursuant to this title or title eleven\nof article five of the social services law, or two months after the date\ntemporary enrollment begins; provided however, a temporary enrollment\nperiod may be extended in the event an eligibility determination under\nthis title or title eleven of article five of the social services law is\nnot made within such two month period through no fault of the applicant\nfor insurance for medical assistance. The commissioner shall assure that\nchildren who are enrolled pursuant to this paragraph receive the\nappropriate follow-up for a determination of eligibility for benefits\nunder this title or title eleven of article five of the social services\nlaw prior to the termination of the temporary enrollment period. The\ncommissioner shall assure that children and their families are informed\nof all available enrollment sites in accordance with subdivision nine of\nthis section.\n  (ii) Effective September first two thousand seven, through March\nthirty-first, two thousand fourteen temporary enrollment pursuant to\nsubparagraph (i) of this paragraph shall be provided only to children\nwho apply for recertification of coverage under this title who appear to\nbe eligible for medical assistance under title eleven of article five of\nthe social services law.\n  * NB Expires July 1, 2025\n  * (h) The commissioner may, in consultation with the superintendent,\npromulgate rules and regulations necessary to prevent fraud and abuse in\neligibility determinations made by approved organizations pursuant to\nthis subdivision.\n  * NB Expires July 1, 2025\n  (i) Notwithstanding any inconsistent provision of law, rule or\nregulation:\n  (i) A newborn child who meets the eligibility criteria set forth in\nthis subdivision or subdivision five of this section, as determined by\nan approved organization or the health insurance exchange marketplace,\nwhichever is applicable, shall be enrolled retroactively to the first\nday of the month in which the child is born, provided that the applicant\nfor insurance submits a completed and signed application and required\ninformation and documentation within sixty days of the child's birth.\n  (ii) A newborn child shall be presumed eligible for subsidy payments\nunder this subdivision or eligible for coverage under subdivision five\nof this section, provided that the applicant for insurance submits a\ncompleted and signed application within sixty days of the child's birth.\nOnce eligibility is determined by the approved organization or the\nhealth insurance exchange marketplace, whichever is applicable, on the\nbasis of preliminary information, the child shall be enrolled\nretroactively to the first day of the month in which the child is born.\nAll other procedures and standards regarding presumptive enrollment\napplicable to eligible children enrolled under this title and specified\nin state contracts with approved organizations or implemented by the\nhealth insurance exchange marketplace, whichever is applicable, shall\napply to presumptive enrollment of newborn children.\n  (j) Where an application for recertification of coverage under this\ntitle contains insufficient information for a final determination of\neligibility for continued coverage, a child shall be presumed eligible\nfor a period not to exceed the earlier of two months beyond the\npreceding period of eligibility or the date upon which a final\ndetermination of eligibility is made based on the submission of\nadditional data. In the event such additional information is not\nsubmitted within two months of the approved organization's or state\nenrollment center's request, whichever is applicable, the approved\norganization or state enrollment center shall disenroll the child\nfollowing the expiration of such two month period. Except as provided in\nparagraph (c) of subdivision five-a of this section, approved\norganizations shall not be obligated to repay subsidy payments received\non behalf of children enrolled during this two month period.\n  2-a. (a) An approved organization that has reasonable cause to believe\nthat an applicant for insurance, parent or legally responsible adult has\nprovided false income information may submit tax returns and any other\navailable income information, including, if not prohibited by federal\nlaw for purposes of income verification, social security account\nnumbers, to the department as may be necessary to determine income\neligibility. The department shall promptly furnish to the department of\ntaxation and finance, pursuant to the agreements authorized by\nsubdivision five of section one hundred seventy-one-a and subdivision\nfour of section one hundred seventy-one-b of the tax law, the names,\naddress and social security account numbers, if available, of the\nparents and legally responsible adults who are members of the household,\ntogether with a request that the department of taxation and finance,\npursuant to those agreements, promptly ascertain insofar as is possible,\nand from the most recent available data, whether the collective income\nreported by those individuals exceeds the income eligibility level for\nthat household, as determined by the department in compliance with\nparagraph (a) of subdivision two of this section. The department, in\nconsultation with the department of taxation and finance, shall\nestablish a methodology for comparing numerical equivalents. In\nascertaining whether a household's income exceeds the income eligibility\nthreshold transmitted by the department, the department of taxation and\nfinance shall also examine information available pursuant to section one\nhundred seventy-one-a of the tax law where any of the named individuals\nhave failed to file a New York state income tax return for the most\nrecent filing year or where there is an indication, from the department\nor otherwise, that the individual's income may have changed. Reliance on\nsuch section one hundred seventy-one-a information shall be specially\nindicated in the department of taxation and finance's response. This\nprovision shall not be construed to authorize the department of taxation\nand finance to disclose any figure on any personal income tax return.\nThe department shall promptly inform the approved organization of the\nresponse from the department of taxation and finance. Submission of\nincome information for verification shall not delay the application of\nany other provision of this section to an applicant for insurance or an\nenrolled child.\n  (b) Before an approved organization submits income information to the\ndepartment for verification with the department of taxation and finance,\nit shall:\n  (i) provide the applicant for insurance with notification of its\nintent to seek such verification;\n  (ii) notify the applicant for insurance of the confidentiality and\nexpungement provisions contained in paragraph (c) of this subdivision;\nand\n  (iii) provide the applicant for insurance with the opportunity to\nreview and modify the income information.\n  (c) Such income information and verification response by the\ndepartment of taxation and finance shall not be a public record and\nshall not be released by the department, the department of taxation and\nfinance or the approved organization except pursuant to this\nsubdivision.  Information disclosed pursuant to this section shall be\nlimited to information necessary for verification. Information so\ndisclosed shall be kept confidential by the party receiving such\ninformation. Such income information shall be expunged within a\nreasonable time to be determined by the department and the department of\ntaxation and finance.\n  2-b. (a) For purposes of claiming federal financial participation\nunder paragraph nine of subsection (c) of section twenty-one hundred\nfive of the federal social security act, a household shall provide:\n  (i) the social security number for the applicant to be verified by the\ncommissioner in accordance with a process established by the social\nsecurity administration pursuant to federal law, or\n  (ii) documentation of citizenship and identity of the applicant\nconsistent with requirements under the medical assistance program, as\nspecified by the commissioner on the initial application.\n  (b) Pending receipt of the information required by subparagraph (i) of\nparagraph (a) of this subdivision, an initial application shall continue\nto be processed by an approved organization or enrollment facilitator\nand a child shall be presumptively enrolled in the program in accordance\nwith procedures and timeframes currently specified in contracts.\n  2-c. Express lane eligibility. (a) Notwithstanding any inconsistent\nprovision of law, rule or regulation, the commissioner is authorized to\n(i) establish standards and procedures for express lane enrollment and\nrenewal implemented in accordance with section 2107(e)(1)(B) of the\nfederal social security act, including but not limited to reliance on a\nfinding made by an express lane agency, as defined in section\n1902(e)(13)(F) of the federal social security act, to determine whether\na child meets one or more of the eligibility criteria set forth in\nsubdivision two of this section; (ii) specify such standards and\nprocedures in the state child health plan established under title XXI of\nthe federal social security act and applicable contracts with approved\norganizations and enrollment facilitators; and (iii) waive any\ninformation and documentation requirements set forth in this section\nnecessary to implement express lane eligibility pursuant to standards\nand procedures established under subparagraphs (i) and (ii) of this\nparagraph; provided, however, that information and documentation\nrequired pursuant to subdivision two-b of this section may not be\nwaived.\n  (b) Subject to federal approval, such standards and procedures shall\nspecify that information and documentation regarding citizenship and\nimmigration status collected by an express lane agency and provided to\nthe commissioner for the purpose of express lane eligibility may be used\nto satisfy the requirements of subdivision two-b of this section.\n  (c) Such standards and procedures shall also include a process for\ndetermining enrollment error rates and implementing corrective actions\nas required by section 1902(e)(13)(E) of the federal social security\nact.\n  3. Subsidy payments shall be made, pursuant to subdivision eight of\nthis section, to approved organizations for the purposes of subsidizing\nthe entire cost of coverage for eligible children meeting the criteria\nof subdivision two of this section. Notwithstanding any inconsistent\nprovision of this subdivision, the total annual aggregate cost-sharing\nwith respect to all eligible children in a family under this section\nshall not exceed amounts provided pursuant to applicable federal law. In\norder to be eligible for a subsidy payment pursuant to this subdivision\na premium payment shall be paid for an eligible child in accordance with\nthe provisions of subdivision nine of section twenty-five hundred ten of\nthis title. Nothing herein shall preclude payment of the premium on\nbehalf of an eligible child on a monthly, quarterly, semi-annual or\nannual basis.\n  4. Households shall report to the approved organization or state\nenrollment center, whichever is applicable, within thirty days, any\nchanges in New York state residency or health care coverage under\ninsurance that may make a child ineligible for subsidy payments pursuant\nto this section. Any individual who, with the intent to obtain benefits,\nwillfully misstates income or residence to establish eligibility\npursuant to subdivision two of this section or willfully fails to notify\nan approved organization or state enrollment center of a change in\nresidence or health care coverage pursuant to this subdivision shall\nrepay such subsidy to the commissioner. Individuals seeking to enroll\nchildren for coverage shall be informed that such willful misstatement\nor failure to notify shall result in such liability.\n  4-a. Any individual who, with the intent to obtain benefits, willfully\nmisstates income or residence to establish eligibility pursuant to\nsubdivision two of this section or willfully fails to notify an approved\norganization of an increase in income or change in residence pursuant to\nsubdivision two of this section shall repay such subsidy to the\ncommissioner. Individuals seeking to enroll children for coverage shall\nbe informed that such willful misstatement or failure to notify shall\nresult in such liability.\n  5. Notwithstanding any inconsistent provisions of subdivision two of\nthis section, an individual who meets the criteria of paragraphs (b) and\n(c) of subdivision two of this section but not the criteria of paragraph\n(a) of such subdivision may be enrolled for covered health care\nservices, provided however, that an approved organization shall not be\neligible to receive a subsidy payment for providing coverage to such\nindividuals. The cost of coverage shall be determined by the\ncommissioner, in consultation with the superintendent and shall be no\nmore than the cost of providing such coverage.\n  5-a. Obligations of approved organizations or the state enrollment\ncenter. (a) An approved organization or state enrollment center,\nwhichever is applicable, shall have the obligation to review all\ninformation provided pursuant to subdivision two of this section and\nshall not certify or recertify a child as eligible for a subsidy payment\nunless the child meets the eligibility criteria.\n  (b) An approved organization or state enrollment center, whichever is\napplicable, shall promptly review all information relating to a\npotential change in eligibility based on information provided pursuant\nto subdivision four of this section. Within at least thirty days after\nreceipt of such information, the approved organization or state\nenrollment center shall make a determination whether the child is still\neligible for a subsidy payment and shall notify the household and the\ncommissioner if it determines the child is not eligible for a subsidy\npayment.\n  (c) Any approved organization which engages in a pattern and practice\nof enrolling or recertifying children who are ineligible pursuant to\nsubdivision two of this section, as determined by the commissioner, in\nconsultation with the superintendent, shall be required to repay all\nsubsidy payments received on account of ineligible children. Improper\nenrollment based upon a good faith reliance on documentation which\nappears accurate on its face shall not constitute a pattern or practice.\nAny such approved organization may also be removed as an approved\norganization, provided however, that eligible children shall continue to\nreceive services until such time as the orderly transition to other\napproved organizations can be effected.\n  6. The commissioner shall, in consultation with the superintendent,\nestablish guidelines for the submission of proposals by eligible\norganizations for the purposes of providing covered health care services\ncoverage to eligible children including, but not limited to, the\nfollowing components:\n  (a) standards for individual enrollment including mechanisms for\npresumptive eligibility and annual recertification;\n  (b) standards for provider enrollment;\n  (c) standards for scope of covered health care service benefits;\n  (d) standards for health care provider payment methodologies, provided\nhowever, that levels and methods of payment shall be consistent with\nthose provided under similar insurance plans;\n  (e) standards for appropriate utilization review, quality assurance\nand case management mechanisms; and\n  (f) such other criteria which may be deemed necessary.\n  6-a. The commissioner, in consultation with the superintendent, may\nestablish a program for cards issued to eligible children which can\nstore or access information electronically, including the identity of\nthe child and such other medical data and information as the\ncommissioner, in consultation with the superintendent, may prescribe.\n  7. (a) A proposal submitted by an eligible organization shall meet the\nfollowing criteria:\n  (i) designate the geographic area to be served by the program, and\nestimate the number of eligible participants and actual participants in\nsuch designated area;\n  (ii) assure access to and delivery of high quality, appropriate\ncovered health care services and, when applicable, include a network of\nhealth care providers in sufficient numbers and geographically\naccessible to service program participants;\n  (iii) describe the procedures for marketing and determining\neligibility for the health care coverage plan in the program location,\nincluding the designation of other entities which may perform such\nfunctions under contract with the organization;\n  (iv) describe proposed health care provider payment methodologies;\n  (v) describe in detail the estimated expenses, including personnel\ncosts and other types of administrative expenses which will be incurred\nin the development and implementation of the program;\n  (vi) describe the quality assurance, utilization review and case\nmanagement mechanisms to be implemented;\n  (vii) demonstrate the applicant's ability to meet the data analysis\nand reporting requirements of the program;\n  (viii) describe the benefit package to be offered by the program and\nthe cost of such benefit package;\n  (ix) describe the provisions for arranging for or offering conversion\ncoverage in the event of termination of coverage under this title;\n  (x) demonstrate financial feasibility of the program;\n  (xi) describe the premium, copayments and deductibles to be paid by\nprogram participants who are ineligible for subsidy payments; and\n  (xii) include such other information as the commissioner and the\nsuperintendent may deem appropriate.\n  (b) The commissioner, in consultation with the superintendent, shall\nmake a determination whether to approve, disapprove or recommend\nmodification of the proposal. In order for a proposal to be approved by\nthe commissioner, the proposal must also be approved by the\nsuperintendent with respect to the provisions of subparagraphs (ix) and\n(xii) of paragraph (a) of this subdivision.\n  (c) The commissioner, in consultation with the superintendent, shall\nensure, to the extent possible, that child health insurance plan\ncoverage is available in all geographic areas. The commissioner may\napprove more than one approved organization to serve all or part of a\ngeographic area.\n  7-a. (a) Notwithstanding any inconsistent provisions of subdivisions\none and three of section two thousand five hundred ten of this title,\nsubdivisions six and seven of this section, subject to paragraph (b) of\nthis subdivision, and section one hundred sixty-three of the state\nfinance law, the commissioner may contract with organizations approved\nunder section three hundred sixty-four-j of the social services law,\nwithout a competitive bid or request for proposal process, to provide\ncovered health care services coverage for eligible children pursuant to\nthis title.\n  (b) In order to be approved pursuant to this subdivision, an\norganization shall meet the criteria set forth in subdivision seven of\nthis section and shall comply with standards established by the\ncommissioner, in consultation with the superintendent, pursuant to\nsubdivision six of this section.\n  (c) Organizations approved pursuant to this subdivision shall comply\nwith the requirements of this title and contractual provisions\nestablished thereunder, title XXI of the federal social security act and\nany implementing federal regulations, and requirements set forth in the\nstate child health plan established pursuant to title XXI of the federal\nsocial security act.\n  (d) Notwithstanding any inconsistent provision of section one hundred\ntwelve or one hundred sixty-three of the state finance law, at the\ndiscretion of the commissioner, without a competitive bid or request for\nproposal process, contractual arrangements with approved organizations,\nas defined in subdivision two of section twenty-five hundred ten of this\narticle, in effect in two thousand seven may be extended to any period\non and after July first, two thousand seven to provide an uninterrupted\ncontinuation of services and may be amended as deemed necessary.\n  8. The commissioner shall determine the amount of funds to be\nallocated to an approved organization for the purposes described in\nsubdivision one of this section within such funds which may be available\nfor the purposes of this article. (a) Subsidy payments made to approved\norganizations on and after April first, two thousand five through March\nthirty-first, two thousand six, shall be at amounts approved prior to\nApril first, two thousand five. Applications for increases to subsidy\npayments submitted by approved organizations to the superintendent on or\nafter January first, two thousand five, shall not be considered for\napproval until after March thirty-first, two thousand six. (b) Further,\nsubsidy payments made to approved organizations on and after April\nfirst, two thousand seven through March thirty-first, two thousand\neight, shall be at amounts approved prior to April first, two thousand\nseven. Applications for increases to subsidy payments submitted by\napproved organizations to the superintendent on or after January first,\ntwo thousand seven, shall not be considered for approval until after\nMarch thirty-first, two thousand eight. (c) Nothing in this subdivision\nshall prohibit decreases in subsidy payments in accordance with relevant\ncontract provisions.\n  (d)(i) Effective April first, two thousand nine, payment for marketing\nand facilitated enrollment activities set forth in subdivision nine of\nthis section and included in subsidy payments made to approved\norganizations providing such services pursuant to a contract with the\nstate shall be limited to an amount determined annually by the\ncommissioner.\n  (ii) Such subsidy payments shall be adjusted by the commissioner to\nremove any costs of approved organizations in excess of the amount\ndetermined in accordance with subparagraph (i) of this paragraph based\non cost reports submitted to the department by approved organizations.\n  (f) The commissioner shall adjust subsidy payments made to approved\norganizations on and after April first, two thousand eleven through\nMarch thirty-first, two thousand twelve, so that the amount of each such\npayment is reduced by one and seven-tenths percent.\n  (g) The commissioner may increase subsidy payments made to approved\norganizations that voluntarily participate in the multi-payor patient\ncentered medical home program to reflect additional costs associated\nwith enhanced payments made to certified medical homes by approved\norganizations as required by article twenty-nine-AA of this chapter.\n  (h) Notwithstanding any inconsistent provision of this title, articles\nthirty-two and forty-three of the insurance law and subsection (e) of\nsection eleven hundred twenty of the insurance law, for the period April\nfirst, two thousand fourteen through March thirty-first, two thousand\nfifteen, subsidy payments made to approved organizations shall be at\namounts approved prior to April first, two thousand fourteen.\n  (i) Notwithstanding any inconsistent provision of this title, articles\nthirty-two and forty-three of the insurance law and subsection (e) of\nsection eleven hundred twenty of the insurance law:\n  (i) The commissioner shall, subject to approval of the director of the\ndivision of the budget, develop reimbursement methodologies for\ndetermining the amount of subsidy payments made to approved\norganizations for the cost of covered health care services coverage\nprovided pursuant to this title for payments made on and after January\nfirst, two thousand twenty-four.\n  (ii) Effective January first, two thousand twenty-three, the\ncommissioner shall coordinate with the superintendent of financial\nservices for the transition of the subsidy payment rate setting function\nto the department and, in conjunction with its independent actuary,\nreview reimbursement methodologies developed in accordance with\nsubparagraph (i) of this paragraph. Notwithstanding section one hundred\nsixty-three of the state finance law, the commissioner may select and\ncontract with the independent actuary selected pursuant to subdivision\neighteen of section three hundred sixty-four-j of the social services\nlaw, without a competitive bid or request for proposal process. Such\nindependent actuary shall review and make recommendations concerning\nappropriate actuarial assumptions relevant to the establishment of\nreimbursement methodologies, including but not limited to the adequacy\nof subsidy payment amounts in relation to the population to be served\nadjusted for case mix, the scope of services approved organizations must\nprovide, the utilization of such services and the network of providers\nrequired to meet state standards.\n  9. The commissioner shall, within amounts available therefor, contract\nwith community-based and other marketing organizations for purposes of\npublic education, outreach, and recruitment of eligible children,\nincluding the distribution of applications and information regarding\nenrollment. In awarding such contracts, the commissioner shall consider\nthe marketing, outreach and recruitment efforts of approved\norganizations, and the extent to which such organizations are able to\neffectively target efforts in geographic regions where the proportion of\neligible children enrolled under this title are lower than in other\ngeographic regions of the state. Community-based organizations shall\ninclude, but not be limited to: day care centers, schools,\ncommunity-based diagnostic and treatment centers, and hospitals.\n  10. Notwithstanding any other law or agreement to the contrary, and\nexcept in the case of a child or children who also becomes eligible for\nmedical assistance, benefits under this title shall be considered\nsecondary to any other plan of insurance or benefit program, except the\nchildren and youth with special health care needs support services\nprogram and the early intervention program, under which an eligible\nchild may have coverage.\n  11. (a) An approved organization shall submit required reports and\ninformation to the commissioner in such form and at times, at least\nannually, as may be required by the commissioner and specified in\ncontracts and official department of health administrative guidance, in\norder to evaluate the operations and results of the program and quality\nof care being provided by such organizations. Such reports and\ninformation shall include, but not be limited to, enrollee demographics\n(applicable only until the state enrollment center is implemented),\nprogram utilization and expense, patient care outcomes and patient\nspecific medical information, including encounter data maintained by an\napproved organization for purposes of quality assurance and oversight.\nAny information or data collected pursuant to this paragraph shall be\nkept confidential in accordance with Title XXI of the federal social\nsecurity act or any other applicable state or federal law.\n  (b) In the event an approved organization fails to submit any required\nreport and information, as specified in contracts and official\ndepartment of health administrative guidance, on or before the due date\nspecified by the commissioner, the commissioner may reduce the approved\norganization's subsidy payments by up to a total of two percent each\nmonth for a period beginning on the first day of the calendar month\nfollowing the original due date of the required report and information\nand continuing until the last day of the calendar month in which the\nrequired report and information are submitted; provided however, an\napproved organization shall not be subject to the percentage reduction\nunder the following conditions: (i) for any new report for which such\norganization did not have reasonable notice which shall be at least\nsixty days notice of its requirement, data and submission\nspecifications, and due date by certified mail to the approved\norganization's chief financial officer; or (ii) for any report, upon a\nfinding by the commissioner that such report was not submitted on a\ntimely basis for good cause, which may include, but not be limited to,\nadditional time required to modify or add to computer data systems.\n  12. The commissioner shall, in consultation with the superintendent,\nestablish procedures to coordinate the child health insurance plan with\nthe medical assistance program, including but not limited to, procedures\nto maximize enrollment of eligible children under those programs by\nidentification and transfer of children who are eligible or who become\neligible to receive medical assistance and procedures to facilitate\nchanges in enrollment status for children who are ineligible for\nsubsidies under this section and for children who are no longer eligible\nfor medical assistance in order to facilitate and ensure continuity of\ncoverage. The commissioner shall review, on an annual basis, the\neligibility verification and recertification procedures of approved\norganizations under this title to insure the appropriate enrollment of\nchildren. Such review shall include, but not be limited to, an audit of\na statistically representative sample of cases from among all approved\norganizations and shall be applicable to any period during which an\napproved organization's responsibilities include determining\neligibility. In the event such review and audit reveals cases which do\nnot meet the eligibility criteria for coverage set forth in this\nsection, that information shall be forwarded to the approved\norganization and the commissioner for appropriate action.\n  12-a. The commissioner shall establish procedures to audit approved\norganizations for compliance with the requirements of this title,\nincluding the requirements of subdivision twelve of this section,\ncontractual provisions established thereunder and advisory memoranda\nissued by the commissioner, title XXI of the federal social security act\nand any implementing federal regulations, and requirements set forth in\nthe state child health plan established pursuant to title XXI of the\nfederal social security act. Approved organizations shall comply with\nsuch procedures and make available any data necessary to perform such\naudits. Audit procedures shall include, but not be limited to, the\nfollowing:\n  (a) standards and procedures for a preliminary audit to be conducted\non no more than an annual basis;\n  (b) standards and procedures for the submission of a plan of\ncorrection by an approved organization, including time periods allowed\nto implement such plan of correction;\n  (c) standards and procedures for a second audit, including an exit\nconference which provides an approved organization the opportunity to\nrebut the composition of the audit sample as representative prior to\nrecovery of subsidy payments and the imposition of penalties;\n  (d) standards and procedures for recovery of subsidy payments made for\nineligible children, which, notwithstanding any inconsistent provisions\nof this title, may include recoveries based on extrapolated findings\nfrom a statistically representative sample of cases which shall be\nactuarially based and consistent with accepted auditing standards; and\n  (e) standards and procedures for the imposition of penalties for\nsubstantial noncompliance, which may include, but not be limited to,\nfinancial penalties in addition to penalties set forth in section twelve\nof this chapter and consistent with applicable federal standards, as\nspecified in contracts, and contract termination; provided however\n  (f) audit standards and procedures established pursuant to this\nsection, including penalties, shall be applicable to eligibility\ndeterminations made by approved organizations only for periods during\nwhich an approved organization's responsibilities include making such\neligibility determinations.\n  14. The commissioner, in consultation with the superintendent, shall\nenter into agreements with one or more persons, not-for-profit\ncorporations, or other organizations, other than a state employee,\nofficial or agency, for the performance of a comprehensive evaluation of\nthe implementation and effectiveness of the child health insurance\nprogram. Notwithstanding any inconsistent provision of law, the\ncommissioner may allocate and distribute from funds otherwise available\nfor distribution for purposes of this title an amount not to exceed five\nhundred thousand dollars for the costs of such evaluation. The\nevaluation shall include, but not be limited to:\n  (a) the overall effect of the child health insurance program on access\nto, utilization and quality of primary and preventive health care\nservices, including, but not limited to, patterns of service\nutilization, geographic availability of service providers, possible\nreductions in uncompensated care as a result of the program, and\nenrollee satisfaction with program administration, services and quality;\n  (b) the impact of the child health insurance program on the health\nstatus of program participants, including the comparative impact on\nfamilies that have a child enrolled in the program and other children\nthat are not eligible and do not have coverage;\n  (c) the effect of the child health insurance program on emergency room\nutilization, including the effectiveness of preventing inappropriate\nutilization;\n  (d) the geographic accessibility of the child health insurance\nprogram, including the availability and accessibility of service\nproviders, premium levels and premium increases;\n  (e) the effect of community-based and statewide outreach education\nefforts;\n  (f) the results of a statistically valid sampling of cases verifying\ncertification and recertification of eligibility for subsidy payments\nunder this title including but not limited to data on failure by\napproved organizations to adequately verify enrollee eligibility;\n  (g) any recommendations for programmatic changes to improve the child\nhealth insurance program based on program evaluation and enrollee\nsatisfaction data; and\n  (h) a cost and patient outcome comparison of indemnity plans and\nmanaged care plans offered under this program.\n  A preliminary evaluation shall be submitted to the governor and the\nlegislature by April first, nineteen hundred ninety-five and a further\nevaluation shall be submitted by January first, nineteen hundred\nninety-six.\n  14-a. The commissioner shall enter into an agreement with one or more\npersons, not-for-profit corporations, or other organizations, other than\na state employee, official or agency, for comprehensive research\nconcerning the health care coverage of children in New York state. The\norganization conducting the research shall, at least annually, issue a\nreport of its findings to the governor and the legislature. The research\nshall include, but not be limited to:\n  (a) a survey of the uninsured in the state;\n  (b) on-going comprehensive studies of the characteristics of uninsured\nchildren and their families, including demographic characteristics, and\nreasons such children and families are uninsured;\n  (c) the collection and dissemination of data and other relevant\ninformation relating to the health care coverage of children and their\nfamilies; and\n  (d) a review of such factors relating to the uninsured in New York\nstate as the commissioner, in consultation with the superintendent,\nshall require.\n  15. Notwithstanding any inconsistent provision of section one hundred\ntwelve or one hundred sixty-three of the state finance law or any other\nlaw, at the discretion of the commissioner without a competitive bid or\nrequest for proposal process:\n  (a) contractual arrangements with approved organizations to provide\nprimary and preventive health care services coverage for eligible\nchildren, or with organizations for purposes of public education,\noutreach and recruitment of eligible children, in effect in nineteen\nhundred ninety-three may be extended to provide for primary and\npreventive health care services coverage for eligible children or public\neducation, outreach and recruitment of eligible children in nineteen\nhundred ninety-four and nineteen hundred ninety-five and those\ncontractual arrangements with approved organizations to provide primary\nand preventive health care services coverage for eligible children in\neffect for nineteen hundred ninety-five may be extended through June\nthirtieth, nineteen hundred ninety-six to provide an uninterrupted\ncontinuation of services and additional time for program evaluation and\nmay be amended as may be necessary, provided, however, that the\ncommissioner shall periodically review the process of ensuring adequate\nparticipation of approved organizations under this section; and\n  (b) contractual arrangements with approved organizations to provide\nprimary and preventive health care services coverage for eligible\nchildren, or with organizations for purposes of public education,\noutreach and recruitment of eligible children in effect in the period\nJanuary first, nineteen hundred ninety-six through June thirtieth,\nnineteen hundred ninety-six may be extended for public education,\noutreach and recruitment of eligible children through December\nthirty-first, nineteen hundred ninety-six and to provide for primary and\npreventive health care services coverage for eligible children through\nsuch periods for which such coverage continues to apply prior to the\naddition of coverage for inpatient health care services to provide an\nuninterrupted continuation of services and may be amended as may be\nnecessary.\n  * 16. The commissioner and the commissioner of social services shall\njointly develop a simplified application form for coverage under this\ntitle, the medical assistance program and the federal women, infants and\nchildren program, and shall also develop appropriate verification and\nsampling procedures for the child health insurance plan in order to\nfacilitate the appropriate enrollment of eligible children into the\nchild health insurance plan, the medical assistance program, and the\nwomen, infants and children program. Nothing in this subdivision shall\nbe construed to require that eligibility documentation requirements for\nthe services under this title shall apply to the medical assistance\nprogram, nor shall this subdivision be construed to preclude eligibility\nfor any person pending the development of that application. Such\napplication shall be available for use by local social services\ndistricts and approved organizations under this title by June thirtieth,\nnineteen hundred ninety-four.\n  * NB Expired July 1, 2007\n  16-a. The commissioner shall develop a simplified recertification form\nfor use by approved organizations in renewing coverage for eligible\nchildren under this title. The form shall include requests only for such\ninformation that is: (i) reasonably necessary to determine continued\neligibility for coverage under this title; and (ii) subject to change\nsince the date of the household's initial application.\n  17. The commissioner, in consultation with the superintendent, is\nauthorized to establish and operate a child health information service\nwhich shall utilize advanced telecommunications technologies to meet the\nhealth information and support needs of children, parents and medical\nprofessionals, which shall include, but not be limited to, treatment\nguidelines for children, treatment protocols, research articles and\nstandards for the care of children from birth through eighteen years of\nage. Such information shall not constitute the practice of medicine, as\ndefined in article one hundred thirty-one of the education law.\n  18. Premium Assistance Program. (a) The commissioner shall establish a\npremium assistance program for the purchase of family coverage under a\ngroup health plan or health insurance coverage that includes coverage of\nan eligible child, as defined in subdivision four of section twenty-five\nhundred ten of this article, contingent upon:\n  (i) a determination by the commissioner that the purchase of family\ncoverage under this subdivision is cost effective relative to the amount\nthe state would pay to obtain coverage under this title solely for the\neligible child or children; and\n  (ii) the availability of federal financial participation in accordance\nwith a waiver application submitted by the commissioner and approved by\nthe secretary of the department of health and human services.\n  (b) The commissioner shall establish and specify standards for the\nimplementation of the premium assistance program in the federal waiver\napplication, including, but not limited to, the following:\n  (i) standards for eligibility of children and families for and\nenrollment in the premium assistance program which shall include, at a\nminimum, the eligibility criteria set forth in subdivision two of this\nsection; provided that:\n  (A) participation in the program for a child who resides in a\nhousehold having a household income at or below two hundred fifty\npercent of the non-farm federal poverty level (as defined and updated by\nthe United States department of health and human services) shall be\nvoluntary and an eligible child may disenroll from the premium\nassistance program at any time and enroll in individual coverage under\nthis title; and\n  (B) participation in the program for a child who resides in a\nhousehold having a household income between two hundred fifty-one and\nfour hundred percent of the non-farm federal poverty level (as defined\nand updated by the United States department of health and human\nservices) and meets certain eligibility criteria shall be mandatory. A\nchild in this income group who meets the criteria for enrollment in the\npremium assistance program shall not be eligible for individual coverage\nunder this title;\n  (ii) standards for required levels of employer contributions toward\nthe cost of premiums for family coverage;\n  (iii) standards for the level of state payment toward the cost of\npremiums for family coverage;\n  (iv) standards for the scope and level of benefits to be provided in\nthe premium assistance program;\n  (v) standards for data collection including, but not limited to, data\nregarding the substitution of health insurance coverage that would be\nprovided to eligible children in the absence of family coverage\npurchased pursuant to this subdivision; and\n  (vi) any other standards deemed necessary by the commissioner to\nimplement the premium assistance program.\n  (c) The state share of the cost of the premium assistance program, if\nimplemented, shall be funded within amounts appropriated for the purpose\nof providing healthcare coverage for uninsured and underinsured children\npursuant to this title.\n  19. Claims submitted to an approved organization for payment for\nmedical care, services, or supplies furnished by an out-of-network\nhealth care provider must be submitted within fifteen months of the date\nthe medical care, services, or supplies were furnished to an eligible\nperson to be valid and enforceable against the approved organization. If\na claim by an out-of-network health care provider is not submitted\nwithin fifteen months of the date that the medical care, services or\nsupplies were furnished and the claim is subsequently denied by the\napproved organization for that reason, such out-of-network health care\nprovider shall not seek payment for such medical care, services or\nsupplies from the enrollee. This deadline for claims submission shall\nnot apply where the claims submission is warranted to address findings\nor recommendations identified in a state or federal audit except where\nsuch audit also indicates that an inappropriate provider payment was\nsolely the fault of the out-of-network health care provider.\n  20. For approved organizations with negotiated rates of payment for\ninpatient hospital services under contracts in effect on April first,\ntwo thousand eight, that have a payment rate methodology for such\ninpatient hospital services that utilizes rates calculated by the\ndepartment of health pursuant to paragraph (a) or (a-2) of subdivision\none of section twenty-eight hundred seven-c of the public health law for\npatients under the medical assistance program, such rate shall not\ninclude adjustments pursuant to subdivision thirty-three of section\ntwenty-eight hundred seven-c of this chapter for contract periods prior\nto January first, two thousand ten.\n  21. The commissioner may make any necessary amendments to a contract\npursuant to this section with an approved organization, as defined in\nsubdivision two of section twenty-five hundred ten of this title, to\nallow such approved organization to participate as a qualified health\nplan in a state health benefit exchange established pursuant to the\nfederal Patient Protection and Affordable Care Act (P.L. 111-148), as\namended by the federal Health Care and Education Reconciliation Act of\n2010 (P.L. 111-152).\n  22. Notwithstanding the provisions of this title and effective on and\nafter January first, two thousand twenty-three, the consultative,\nreview, and approval functions of the superintendent of financial\nservices related to administration of the child health insurance plan\nare no longer applicable and references to those functions in this title\nshall be null and void. The child health insurance plan set forth in\nthis title shall be administered solely by the commissioner. All child\nhealth insurance plan policies reviewed and approved by the\nsuperintendent of financial services in accordance with section eleven\nhundred twenty of the insurance law shall remain in effect until the\ncommissioner establishes a process to review and approve member\nhandbooks in accordance with the requirements of Title XXI of the\nfederal social security act and implementing regulations, and such\nmember handbooks are issued by approved organizations to enrollees in\nplace of child health insurance plan policies which were subject to\nreview under section eleven hundred twenty of the insurance law.\n
N.Y. PBA Law § 3102-D — New York Code / Act PBA / Article 10-A / Title 1 / Section 3102-D
Technology development organization program
Status: in_force

§ 3102-d. Technology development organization program. 1. Definitions.\nAs used in this section, the following terms shall have the following\nmeanings:\n  (a) "Technology development organizations" shall mean any\nnot-for-profit corporation or other nonprofit organization, association,\nor agency which is organized for the purpose of the promotion,\nattraction, stimulation, development and expansion of science and\ntechnology-oriented economic activity in a particular region of the\nstate or in one or more counties or cities. For the purposes of this\nsection, a technology development organization shall include\nnot-for-profit corporations or other nonprofit organizations,\nassociations, or agencies which are organized for the stated purpose\neither prior to or following the effective date of this section,\nincluding such organization which had begun operations prior to said\ndate.\n  (b) "In-kind services" shall mean the donation of quantifiable goods\nand services including but not limited to professional services and\ntime, equipment, material and office space for use by a technology\ndevelopment organization in furtherance of its stated purposes or\nprovided on behalf of the technology development organization to others\nfor such purposes and for which there is no monetary remuneration. Any\nsuch in-kind services must have prior approval by the foundation to\nsatisfy the matching requirement of the technology development\norganization program.\n  2. The foundation is hereby authorized to award grants on a\ncompetitive basis, from such funds as may be appropriated for this\npurpose by the legislature, to match funds expended by technology\ndevelopment organizations for the purposes set forth in this section and\nin accordance with rules and regulations promulgated by the foundation\npursuant to this section.\n  3. Matching funds shall be provided only for purposes which are\nrelated to the realization of the technological development potential of\na particular region of the state in accordance with the findings of the\nfoundation pursuant to subdivision five of section thirty-one hundred\ntwo of this chapter. Among the activities for which matching funds may\nbe provided are the following:\n  (a) Sponsoring and conducting regional conferences and studies,\ncollecting and disseminating information and issuing periodic reports\nrelating to scientific and technological research, development and\neducation in the region;\n  (b) Preparing and periodically issuing a register of scientific and\ntechnological research facilities in the region;\n  (c) Assisting small and emerging science and technology-oriented\nbusinesses within the region in applying for federal or state research\ngrants or procurement contracts and disseminating information on the\navailability of such grants and contracts;\n  (d) Collecting and disseminating information on financial, technical,\nmarketing, management and other services available to small and emerging\nscience and technology-oriented businesses within the region and\narranging access to such services on a free or for-hire basis from\nuniversities, private for-profit businesses and nonprofit organizations;\n  (e) Providing technical assistance including management, marketing and\nfinancial packaging assistance to, and collecting and disseminating\ninformation regarding inventions for the benefit of, inventors\ninterested in having their ideas developed and commercialized and\nentrepreneurs interested in the commercialization of new products and\nprocesses;\n  (f) Supporting university-industry collaboration in applied research,\nthe promotion of incubator facilities and the generation of brokering of\nventure capital to support regional new enterprise development;\n  (g) Establishing or updating a technology development strategy for the\nregion;\n  (h) Establishing regional data base services, linked through the\nfoundation into a statewide data base, which identify resources\navailable from colleges, universities and technical service providers\nand which provide information, including venture capital sources and\nlabor market statistics, of interest to and for use by entrepreneurs and\ntechnology-oriented businesses;\n  (i) Sponsoring or working with regional industrial extension services\nto provide technological information to industry and to communicate\nindustrial needs to universities and others, brokering joint\nuniversity-industry investigations to aid industry, and assisting in the\nprovision of productivity improvements to mature industries;\n  (j) Projecting the need for the technical and professional workforce\nwithin the region and assisting others in planning for projected\ndislocations and retraining; and\n  (k) Assisting the foundation and the department of economic\ndevelopment in identifying and contacting eligible applicants, as\ndefined in paragraph (a) of subdivision one of section two hundred\ntwenty-four of the economic development law, and sponsoring, in\nconjunction with the foundation and the department of economic\ndevelopment, conferences, seminars, counseling sessions and other\noutreach efforts aimed at improving the competitive position of\napplicants in international markets by promoting exporting.\n  (l) Conducting such other appropriate activities as may be established\nby the foundation for the purpose of realizing the technological\ndevelopment potential of the region served by the applicant.\n  4. Notwithstanding any other law, grants made by the foundation\npursuant to this section shall be equally matched by the technology\ndevelopment organization except that up to fifty percent of the match\nmade by the technology development organization may be of in-kind\nservices as approved by the foundation.\n  5. The foundation may establish such requirements as it deems\nappropriate for the format and content of applications for matching\ngrants pursuant to this section and shall set reasonable deadlines for\nthe submission of applications for such support.\n  6. The foundation may select from competing applications, those which\nit judges to be of greatest benefit to the welfare of the people of the\nstate and may approve or reject any or all of the competing\napplications. The foundation shall notify all applicants of the approval\nor rejection of their applications in a timely fashion.\n  7. The foundation shall require periodic but at least semi-annual\nreports and other such documents and information as it deems necessary\nto monitor and review the performance of each technology development\norganization awarded a grant and shall conduct an annual evaluation of\nthe program which shall include the quality of the activities performed\nand conformity thereof to the grant provisions and the purposes and\nprovisions set forth in this section.\n  8. The foundation shall submit a report by May first, nineteen hundred\neighty-eight, and each December thirty-first thereafter, to the\ngovernor, the temporary president of the senate and the speaker of the\nassembly, detailing the activities that each technology development\norganization has undertaken during the reporting year. Such reports\nshall include but not be limited to, the composition of the\norganization, the amount of the grant awarded and the match provided,\nthe duties and obligations required by the foundation, a description of\nthe organization's activities and accomplishments, the number of jobs\ncreated or retained, the number and types of companies assisted and any\nother information pertinent in evaluating the program.\n
N.Y. PBH Law § 206 — New York Code / Act PBH / Article 2 / Title 1 / Section 206
Commissioner; general powers and duties
Status: in_force

§ 206. Commissioner; general powers and duties. 1. The commissioner\nshall:\n  (a) take cognizance of the interests of health and life of the people\nof the state, and of all matters pertaining thereto and exercise the\nfunctions, powers and duties of the department prescribed by law;\n  (b) exercise general supervision over the work of all local boards of\nhealth and health officers, unless otherwise provided by law;\n  (c) exercise general supervision and control of the medical treatment\nof patients in the state institutions, public health centers and clinics\nin the department;\n  (d) investigate the causes of disease, epidemics, the sources of\nmortality, and the effect of localities, employments and other\nconditions, upon the public health;\n  (e) obtain, collect and preserve such information relating to\nmarriage, birth, mortality, disease and health as may be useful in the\ndischarge of his duties or may contribute to the promotion of health or\nthe security of life in the state; establish rules and regulations for\nthe determination of asymptomatic conditions including, but not limited\nto RH sensitivity, anemia, sickle cell anemia, cooley's anemia and\nvenereal disease;\n  (f) enforce the public health law, the sanitary code and the\nprovisions of the medical assistance program, or its successor, pursuant\nto titles eleven, eleven-A and eleven-B of the social services law, as\namended by this chapter;\n  (g) cause to be made from time to time examinations and inspections of\nthe sanitary conditions of each state institution and transmit copies of\nthe reports and recommendations thereon to the head of the state\ndepartment having jurisdiction over the institution examined;\n  (h) cause to be made from time to time, examinations and inspections\nof all labor camps and enforce the provisions of the sanitary code\nrelating thereto;\n  (i) cause to be made, from time to time, examinations and inspections\nof all Indian reservations, and enforce all provisions of the sanitary\ncode relating thereto.\n  (j) cause to be made such scientific studies and research which have\nfor their purpose the reduction of morbidity and mortality and the\nimprovement of the quality of medical care through the conduction of\nmedical audits within the state. In conducting such studies and\nresearch, the commissioner is authorized to receive reports on forms\nprepared by him and the furnishing of such information to the\ncommissioner, or his authorized representatives, shall not subject any\nperson, hospital, sanitarium, rest home, nursing home, or other person\nor agency furnishing such information to any action for damages or other\nrelief. Such information when received by the commissioner, or his\nauthorized representatives, shall be kept confidential and shall be used\nsolely for the purposes of medical or scientific research or the\nimprovement of the quality of medical care through the conduction of\nmedical audits. Such information shall not be admissible as evidence in\nany action of any kind in any court or before any other tribunal, board,\nagency, or person.\n  (k) notwithstanding any other provision of law, with the advice and\nassistance of the commissioner of agriculture and markets, establish\nrules and regulations to require such treatment of food or food\nproducts, including the addition or removal of specific substances, as\nmay be necessary for the protection of the public health against the\nhazards of ionizing radiation.\n  (l) establish and operate such adult and child immunization programs\nas are necessary to prevent or minimize the spread of disease and to\nprotect the public health. Such programs may include the purchase and\ndistribution of vaccines to providers and municipalities, the operation\nof public immunization programs, quality assurance for immunization\nrelated activities and other immunization related activities. The\ncommissioner may promulgate such regulations as are necessary for the\nimplementation of this paragraph. Nothing in this paragraph shall\nauthorize mandatory immunization of adults or children, except as\nprovided in sections twenty-one hundred sixty-four and twenty-one\nhundred sixty-five of this chapter.\n  (m) make such rules and regulations which may be necessary to require\npre-employment physical examination and thereafter require such annual\nexaminations of all hospital employees for discovery of tuberculosis and\nother communicable diseases as he deems necessary for the safety and\nwell being of the people of the state.\n  (n) by rule and regulation establish criteria for identification of\nareas and conditions involving high risk of lead poisoning, specify\nmethods of detection of lead in dwellings, provide for the\nadministration of prescribed tests for lead poisoning and the recording\nand reporting of the results thereof, and provide for professional and\npublic education, as may be necessary for the protection of the public\nhealth against the hazards of lead poisoning.\n  (o) establish and publish a list of drug products, each of which shall\nmeet the following conditions:\n  (1) The drug product has been certified or approved by the\ncommissioner of the Federal Food and Drug Administration as being safe\nand effective for its labeled indications for use, and a new-drug\napplication or an abbreviated new-drug application approved pursuant to\nthe Federal Food, Drug, and Cosmetic Act is held for such drug product;\nand\n  (2) The commissioner of the Federal Food and Drug Administration has\nevaluated such drug product as:\n  (i) pharmaceutically and therapeutically equivalent and has listed\nsuch drug product on the list of approved drugs products with the\ntherapeutic equivalence evaluations, provided, however, that the list\nprepared by the commissioner shall not include any drug product which\nthe commissioner of the Federal Food and Drug Administration has\nidentified as having an actual or potential bioequivalence problem; or\n  (ii) as an interchangeable biological product and has listed such\nproduct on the list of approved drug products with interchangeability.\n  (p) promulgate rules and regulations establishing procedures to be\nused in implementing the provisions of article thirteen-E of this\nchapter as limited by section thirteen hundred ninety-nine-x of article\nthirteen-E of this chapter. Such rules and regulations shall include,\nbut not be limited to, such matters as may be required to ensure that\nthe established procedures thereunder shall at least be in compliance\nwith the relevant provisions of the code of fair procedure set forth in\nsection seventy-three of the civil rights law.\n  (q) have the authority to carry out the provisions of section one\nhundred seventy-seven-a of the navigation law.\n  * (r) shall prepare for publication, and cause to be distributed by\ngeneral hospitals to patients upon inpatient admission, a booklet\ncontaining the information and materials required to be distributed to\npatients pursuant to this chapter and federal law. Where reasonable and\nappropriate, the booklet may summarize or describe information and\nmaterials required to be distributed to the patient, and how they may be\nobtained. The commissioner shall prepare and distribute to general\nhospitals physical, electronic or other materials from which the booklet\ncan be produced. The commissioner shall revise and update such prepared\nbooklet on a timely basis to reflect any changes in patient information\nand materials required to be distributed pursuant to law.\n  * NB There are 2 par. (r)'s\n  * (r) by rule and regulation, establish standards necessary and\nappropriate for the implementation of item (ii) of clause (a) of section\nthree hundred twenty-two-c of the general business law. Such rules and\nregulations shall be approved by the New York state fire prevention and\nbuilding code council.\n  * NB There are 2 par. (r)'s\n  (s) issue a readiness report to the legislature, detailing the status\nof the statewide health benefit exchange, state enrollment center, and\nstate Medicaid enrollment center established under executive order\nnumber forty-two of two thousand twelve, by August thirtieth, two\nthousand thirteen. The readiness report may be provided in electronic\nformat and shall be distributed to the temporary president of the\nsenate, the speaker of the assembly, the chair of the senate standing\ncommittee on health, and the chair of the assembly health committee. The\nreadiness report shall outline the progress and preparedness of the\nhealth benefit exchange, state enrollment center, and state Medicaid\nenrollment center and detail how the exchange, state enrollment center,\nand state Medicaid enrollment center will carry out their respective\nfunctions including but not limited to:\n  (i) the process by which the health benefit exchange, state enrollment\ncenter, and state Medicaid enrollment center will begin accepting\napplications on October first, two thousand thirteen;\n  (ii) the process by which the health benefit exchange, state\nenrollment center, and state Medicaid enrollment center will certify\nqualified health plans;\n  (iii) the anticipated cost of individual and small group plans being\noffered in the health benefit exchange;\n  (iv) the number of navigators approved;\n  (v) the plan for full operation by January first, two thousand\nfourteen; and\n  (vi) the plan to become fiscally self-sustaining by January first, two\nthousand fifteen.\n  (t) The department shall submit as part of its annual report prepared\npursuant to section one hundred sixty-four of the executive law, which\nmay be submitted in electronic format, comprehensive information\nincluding, but not limited to, a detailed description of the\ndepartment's mission, priorities and goals for the upcoming year,\nachievements of the past year, and any relevant data and statistics.\n  (u) The commissioner shall provide a written or electronic copy of any\nstate plan amendment submitted to the centers for Medicare and Medicaid\nservices to the chair of the senate standing committee on health and the\nchair of the assembly health committee, no later than five business days\nfrom the date of mailing or submission.\n  * (v) require, in consultation and cooperation with the superintendent\nof financial services, that every individual applying for health care\ncoverage through the state health benefit exchange established pursuant\nto the federal Patient Protection and Affordable Care Act (P.L.\n111-148), as amended by the federal Health Care and Education\nReconciliation Act of 2010 (P.L. 111-152), be provided space so that\nsuch applicant may register in the "donate life registry" for organ, eye\nand tissue donations under section forty-three hundred ten of this\nchapter with the following stated in clear conspicuous type:\n  "Would you like to be added to the Donate Life Registry? Check box for\n'yes' or 'skip this question'."\n  The commissioner shall not maintain records of any person who checks\n"skip this question". Except where the application is made in person or\nelectronically, failure to check a box shall not impair the validity of\nan application, and failure to check "yes" or checking "skip this\nquestion" shall not be construed to imply a wish not to donate. In the\ncase of an applicant under eighteen years of age, checking "yes" shall\nnot constitute consent to make an anatomical gift or registration in the\ndonate life registry. Where an applicant has previously consented to\nmake an anatomical gift or registered in the donate life registry,\nchecking "skip this question" or failing to check a box shall not impair\nthat consent or registration.\n  * NB Effective until December 21, 2026\n  * (v) require, in consultation and cooperation with the superintendent\nof financial services, that every individual applying for health care\ncoverage through the state health benefit exchange established pursuant\nto the federal Patient Protection and Affordable Care Act (P.L.\n111-148), as amended by the federal Health Care and Education\nReconciliation Act of 2010 (P.L. 111-152), be provided space so that\nsuch applicant may register in the "donate life registry" for organ, eye\nand tissue donations under section forty-three hundred ten of this\nchapter with the following stated in clear conspicuous type:\n  "Would you like to be added to the Donate Life Registry? Check box for\n'yes' or 'skip this question'."\n  The commissioner shall not maintain records of any person who checks\n"skip this question". Except where the application is made in person or\nelectronically, failure to check a box shall not impair the validity of\nan application, and failure to check "yes" or checking "skip this\nquestion" shall not be construed to imply a wish not to donate. In the\ncase of an applicant under eighteen years of age, checking "yes" shall\nnot constitute consent to make an anatomical gift or registration in the\ndonate life registry, except as otherwise provided pursuant to the\nprovisions of paragraph (b) of subdivision one of section forty-three\nhundred one of this chapter. Where an applicant has previously consented\nto make an anatomical gift or registered in the donate life registry,\nchecking "skip this question" or failing to check a box shall not impair\nthat consent or registration.\n  * NB Effective December 21, 2026\n  * NB There are 2 par (v)'s\n  * (v) by rule and regulation, cause the distribution of crib safety\ninformation. (1) The commissioner shall require that every hospital and\nbirth center distribute at the time of discharge directly to each\nmaternity patient and, upon request, to the general public an\ninformational leaflet concerning crib safety. Such leaflet shall be\ndesigned by the commissioner in conjunction with the director of the\ndivision of consumer protection, on behalf of the consumer protection\ndivision, and shall contain information detailing safe sleeping\nprocedures for babies, crib product recalls and disclosure of the\nfederal standards on the manufacture and sale of cribs.\n  (2) Such leaflet shall be made available to hospitals and birth\ncenters by the department on its website and shall be provided in\nEnglish, as well as the top six languages other than English spoken in\nthe state according to the latest available data from the United States\nBureau of Census.\n  (3) Hospital staff shall inquire whether the maternity patient has a\nnew crib available for any newborns. If the maternity patients do not\nhave a new crib available, hospital staff shall provide information\nabout where to obtain a new crib, including social services agencies,\nnon-profit service providers or other relevant organizations.\n  * NB There are 2 par (v)'s\n  * (w) require that every electronic health record vendor include and\nintegrate components into their electronic health record products\nimplemented for general hospitals in the state regulated under article\ntwenty-eight of this chapter in such a manner to allow patients to\nregister directly in the New York state "donate life registry" for\norgan, eye and tissue donations as provided for under section\nforty-three hundred ten of this chapter. Such registration shall be via\na patient-facing portal, provided that, to protect patient\nconfidentiality and prevent conflicts of interest, such electronic\nhealth record products do not retain or store patients' donor status\ninformation, and provided, further, that such electronic health record\nproducts meet standards as may be established by the commissioner,\nincluding, but not limited to, a standardized question allowing direct\nenrollment in the donate life registry and required data elements.\nElectronic health record vendors shall provide the integration of such\nelements without additional cost under this paragraph as a component of\neither existing or new implementations of their electronic health record\nproducts. Patient facing elements of these products shall include\nopportunities for patients to directly register in the "donate life\nregistry" for organ, eye and tissue donations as a component of such\nelements.\n  * NB Effective December 21, 2026\n  2. The commissioner and any person authorized by him so to do, may,\nwithout fee or hindrance, enter, examine and survey all grounds,\nerections, vehicles, structures, apartments, buildings and places.\n  3. The commissioner may, on behalf and in the interest of the health\nof the people of the state enter into such contracts or agreements with\nindividuals, colleges, universities, associations, corporations,\nmunicipalities and other units of government as may be deemed necessary\nand advisable to carry out the general intent and purposes of the public\nhealth law and the sanitary code. Such contracts may provide for payment\nby the state, within the limit of funds available, for materials,\nequipment or services.\n  4. The commissioner may:\n  (a) issue subpoenas, compel the attendance of witnesses and compel\nthem to testify in any matter or proceeding before him, and may also\nrequire a witness to attend and give testimony in a county where he\nresides or has a place of business without the payment of any fees;\n  (b) annul or modify an order, regulation, by-law or ordinance of a\nlocal board of health concerning a matter which in his judgment affects\nthe public health beyond the territory over which such local board of\nhealth has jurisdiction;\n  (c) assess any penalty prescribed for a violation of or a failure to\ncomply with any term or provision of this chapter or of any lawful\nnotice, order or regulation pursuant thereto, not exceeding two thousand\ndollars for every such violation or failure, which penalty may be\nassessed after a hearing or an opportunity to be heard;\n  (d) assess civil penalties against a public water system which\nprovides water to the public for human consumption through pipes or\nother constructed conveyances, as further defined in the state sanitary\ncode or, in the case of mass gatherings, the person who holds or\npromotes the mass gathering as defined in subdivision five of section\ntwo hundred twenty-five of this article not to exceed twenty-five\nthousand dollars per day, for each violation of or failure to comply\nwith any term or provision of the state sanitary code as it relates to\npublic water systems that serve a population of five thousand or more\npersons or any mass gatherings, which penalty may be assessed after a\nhearing or an opportunity to be heard;\n  (e) issue a non-patient specific statewide standing order for the\nprovision of doula services for pregnant, birthing, and postpartum\nindividuals through twelve months postpartum.\n  5. Subject to the provisions of the state finance law, the\ncommissioner is authorized to take, and administer for the state any\ngrant, gift or bequest to be applied, principal or income or both, for\nthe purposes specified in such grant, to the maintenance and use of any\nhospital, institution or service in the department.\n  6. The commissioner may enter into contracts:\n  (a) with corporations duly licensed in the state of New York to\ntransact the business of accident and health insurance to provide to\nsick and disabled persons insured by them such home care, including\nnursing and other paramedical services (excluding physicians' services)\nas may be needed by them;\n  (b) with hospital service corporations organized and operating in\naccordance with article forty-three of the insurance law to provide to\ntheir subscribers nursing service and such other paramedical services as\nwould have been available in a hospital (excluding physicians' services)\nat rates which shall prior to payment be approved as to reasonableness\nby the superintendent of financial services;\n  (c) with any municipal corporation or local, state or federal agency\nto provide such home care, including nursing and other paramedical\nservices (excluding physicians' services) as may be needed by sick and\ndisabled persons;\n  (d) with medical expense indemnity corporations organized and\noperating in accordance with article forty-three of the insurance law to\nprovide their subscribers with such home care, including nursing and\nother paramedical services, as may be needed by them at rates which\nshall prior to payment be approved as to reasonableness by the\nsuperintendent of financial services; and\n  (e) with any non-profit corporation, agency or association established\nfor the purpose of improvement of health services or for the purpose of\nproviding home care for sick and disabled persons, including nursing and\nother paramedical services (excluding physicians' services) as may be\nneeded by such persons.\n  Such services may be provided by the state health commissioner by\nsubcontract with a city or county rendering nursing and other\nparamedical services or any non-profit corporation, agency or\nassociation established for the purpose of the improvement of health\nservices or for the purpose of providing home care for sick and disabled\npersons including nursing and other paramedical services (excluding\nphysicians' services).\n  The state health commissioner shall establish the fees to be charged\nfor such services to be rendered pursuant to such contracts and, upon\nreceipt of such fees, shall remit the same to the comptroller.\n  7. The commissioner may establish fees for nursing and other\nparamedical services (excluding physicians' services) rendered to people\nsick at home.\n  Such services may be provided by the state health commissioner or by\nsubcontract with a city or county rendering nursing and other\nparamedical services or any non-profit corporation, agency, or\nassociation established for the purpose of the improvement of health\nservices or for the purpose of providing home care for sick and disabled\npersons including nursing and other paramedical services (excluding\nphysicians' services).\n  8. Whenever, in this chapter, the commissioner is empowered to or\ncharged with the responsibility to do or perform any act, he may\ndeputize in writing any officer or employee in the department to do or\nperform the act in his place and stead.\n  9. The commissioner may deputize in writing any local health officer\nto do or perform in his place and stead those duties and\nresponsibilities charged upon the commissioner by paragraphs (d), (g),\n(h) and (i) of subdivision one of this section, those duties of\ninspection and enforcement charged upon the commissioner by paragraph f\nof subdivision three of section six thousand five hundred fifty-eight of\nthe education law and those duties of inspection and supervision charged\nupon the department by paragraphs (m), (n), (r) and (s) of subdivision\none of section two hundred one of this chapter; provided, however, in\nthe city of New York such deputization shall be subject to the prior\napproval of the mayor of such city.\n  10. The commissioner, with the approval of the state director of the\nbudget, shall establish and promulgate a schedule of proportional shares\nfor cost sharing under subdivision one of section three hundred\nsixty-nine-d of the social services law. In developing such a schedule,\nthe commissioner shall take into consideration various options available\nfor obtaining health care services, the availability of such services,\nand the impact of cost sharing on prudent utilization and efficient\nprovision of services without undue barriers to care for persons\neligible for assistance under the catastrophic health care expense\nprogram established by section three hundred sixty-nine-c of the social\nservices law.\n  11. The commissioner shall cooperate with the commissioner of the\nstate department of environmental conservation, district attorneys and\nthe department of law in providing assistance in the investigation and\nprosecutions of violations of article twenty-seven of the environmental\nconservation law.\n  * 12. (a) The commissioner shall establish and assess a regulatory\nassessment fee which will be charged to providers of health-care\nservices regulated by the department under the provisions of articles\ntwenty-eight, thirty-six and forty-four of this chapter, including\nhealth maintenance organizations established pursuant to article\nforty-three of the insurance law. The level of such regulatory fees\nshall be sufficient to recover the costs related to regulating such\nproviders and costs related to the establishment and auditing of rates\nof reimbursement for the state fiscal year ending during the annual\nperiod in which such fee shall be assessed. Such costs will be certified\nby the director of the budget to the commissioner and shall include\ndirect and indirect costs. The commissioner, subject to the approval of\nthe director of the budget, shall develop a means of distributing the\nassessment of such a fee among the affected health-care providers based\nupon each provider's proportionate share of the sum of total costs and\nrevenues reported for all such providers. For the purposes of this\nsection, the sum of total costs and revenues shall be calculated by\nincluding, for the most recent annual period for which certified data is\navailable, total reported costs of a facility except that amounts\nincluded for general hospital outpatient and emergency services and\ntreatment or diagnostic center services shall be based upon reported, or\nin its absence, estimated revenues, and costs included for article\nforty-four providers, and article forty-three providers of the insurance\nlaw shall exclude costs associated with the purchase of inpatient\nservices.\n  (b) The fees assessed pursuant to this subdivision shall be deemed\nallowable operating costs in the determination of reimbursement rates\nand charges established pursuant to articles twenty-eight, thirty-six\nand forty-four of this chapter and article forty-three of the insurance\nlaw. The costs incurred for this purpose during a given rate year shall\nbe included in the respective reimbursement rates for each such year.\nCharges established pursuant to subdivisions six and thirteen of section\ntwenty-eight hundred seven-a of this chapter shall also be permitted to\nincrease to include the annual costs associated with the assessment of\nsuch fee. The cost of such fee shall not be subject to reimbursement\nceilings or other penalties used by the commissioner for the purpose of\nestablishing rates of reimbursement pursuant to articles twenty-eight,\nthirty-six and forty-four of this chapter and article forty-three of the\ninsurance law. Whenever an adjustment in such fees is made,\nreimbursement rates shall also be adjusted to include the increase or\ndecrease in costs associated with such assessment fee.\n  (c) There is hereby created and established in the joint custody of\nthe comptroller and the commissioner of taxation and finance an account\nto be known as the health care regulatory account. Notwithstanding\nsection one hundred twenty-one of the state finance law or any other law\nto the contrary, the commissioner shall pay to the state treasurer for\ndeposit into such account any revenues received from the regulatory fee\nor amounts withheld pursuant to paragraph (d) of this subdivision. The\ncommissioner shall establish by regulation a schedule of payments which\nto the extent practicable shall reflect the timeliness of reimbursement\nreceived by providers for the cost of such fee and define timely\npayments of the regulatory assessment fee for the purposes of\nimplementing paragraph (d) of this subdivision. Payments established\npursuant to this paragraph shall not be due until reimbursement rates\nestablished pursuant to articles twenty-eight, thirty-six and forty-four\nof this chapter and article forty-three of the insurance law are\nadjusted to include the annual cost of such fee. The fee may be adjusted\nby the commissioner at any time, but in no event shall the fees exceed\nthe amount appropriated for transfer to the general fund from the health\ncare regulatory account.\n  (d) Upon receipt of notification from the commissioner or the director\nof the budget, the comptroller or a fiscal intermediary designated by\nthe director of the budget shall withhold from the amount of any payment\nto be made by the state to a provider enumerated in paragraph (a) of\nthis subdivision the amount of such arrearage resulting from such\nprovider's failure to make a timely payment of the regulatory assessment\nfee in accordance with the schedule promulgated by the commissioner.\nUpon withholding such amount, the comptroller or a designated fiscal\nintermediary shall pay the commissioner such amount withheld.\n  * NB (Effective pending Federal Government Ruling)\n  * 13. (a) The commissioner shall establish and assess a fee which will\nbe charged to providers of health-care services regulated by the\ndepartment under the provisions of articles twenty-eight, thirty-six and\nforty-four of this chapter, including health maintenance organizations\nestablished pursuant to article forty-three of the insurance law. The\nlevel of such fee shall be sufficient to recover the costs of making\ngrants to health systems agencies and to match other contributions\npursuant to subdivision (g) of section two thousand nine hundred four-b\nof this chapter (the health systems agency fee). The commissioner,\nsubject to the approval of the director of the budget, shall develop a\nmeans of distributing the assessment of the fee among the affected\nhealth-care providers based upon each provider's proportionate share of\nthe sum of total costs and revenues reported for all such providers. For\nthe purposes of this section, the sum of total costs and revenues shall\nbe calculated by including, for the most recent annual period for which\ncertified data is available, total reported costs of a facility except\nthat amounts included for general hospital outpatient and emergency\nservices and treatment or diagnostic center services shall be based upon\nreported, or in its absence estimated revenues, and costs included for\narticle forty-four providers and article forty-three providers of the\ninsurance law, shall exclude costs associated with the purchase of\ninpatient services. The fee shall not exceed one-tenth of one percent of\nthe total costs or revenues reported by such provider. There is hereby\ncreated and established in the joint custody of the comptroller and the\ncommissioner of taxation and finance an account to be known as the\nhealth systems agency account. Notwithstanding section one hundred\ntwenty-one of the state finance law, or any other law to the contrary,\nthe commissioner shall pay to the state treasurer for deposit into such\naccount any revenues received from the health systems agency fees or\namounts withheld pursuant to paragraph (c) of this subdivision for\nhealth systems agency fee obligations into the health systems agency\naccount. The monies deposited to the health systems agency account shall\nbe used to make grants to health systems agencies pursuant to\nsubdivision (f) of section twenty-nine hundred four-b of this chapter\nand to match contributions pursuant to subdivision (g) of section two\nthousand nine hundred four-b of this chapter. The commissioner shall\nestablish by regulation a schedule of payments which to the extent\npracticable shall reflect the timeliness of reimbursement received by\nproviders for the cost of such fee and a definition of timely payments\nfor the purposes of implementing paragraph (c) of this subdivision. No\npayment shall be due until reimbursement rates established pursuant to\narticles twenty-eight, thirty-six and forty-four of this chapter and\narticle forty-three of the insurance law are adjusted to include the\ncosts of the fee. The fee may be adjusted by the commissioner at any\ntime, but in no event shall the fees exceed the limitation set forth in\nthis paragraph.\n  (b) The fees assessed pursuant to this subdivision shall be deemed\nallowable operating costs in the determination of reimbursement rates\nand charges established pursuant to articles twenty-eight, thirty-six\nand forty-four of this chapter and article forty-three of the insurance\nlaw. The costs incurred for this purpose during a given rate year shall\nbe included in the respective reimbursement rates for each such year.\nCharges established pursuant to subdivisions six and thirteen of section\ntwenty-eight hundred seven-a of this chapter shall also be permitted to\nincrease to include the annual costs associated with the assessment of\nsuch fee. The cost of such fee shall not be subject to reimbursement\nceilings or other penalties used by the commissioner for the purpose of\nestablishing rates of reimbursement pursuant to articles twenty-eight,\nthirty-six and forty-four of this chapter and article forty-three of the\ninsurance law. Whenever an adjustment in such fees is made,\nreimbursement rates shall also be adjusted to include the increase or\ndecrease in costs associated with such fee.\n  (c) Upon receipt of notification from the commissioner or the director\nof the budget, the comptroller or a fiscal intermediary designated by\nthe director of the budget shall withhold from the amount of any payment\nto be made by the state to a provider enumerated in paragraph (a) of\nthis subdivision the amount of such arrearage resulting from such\nprovider's failure to make a timely payment of the fee in accordance\nwith the schedule promulgated by the commissioner. Upon withholding such\namount, the comptroller or a designated fiscal intermediary shall pay\nthe commissioner such amount withheld.\n  * NB (Effective pending Federal Government Ruling)\n  14. (a) Notwithstanding section one hundred twelve of the state\nfinance law or any other provision of law to the contrary, the\ncommissioner is authorized to establish a plan for the collection and\ndisbursement of clinical practice income resulting from the clinical\npractice of licensed health professionals employed by Roswell Park\nCancer Institute.\n  (b) For the purposes of this subdivision the following words shall\nhave the following meanings:\n  (i) "clinical practice" means providing all forms of medical and\nhealth care, including patient consultations, and performing clinical\ninvestigation involving patients, at or through Roswell Park Cancer\nInstitute, for which acts a fee for professional service is customarily\ncharged.\n  (ii) "clinical practice income" means the income from fees for\nservices of licensed health professionals rendered in connection with\nclinical practice.\n  (iii) "clinical practice plan" means a facility-based plan established\nto provide for the management, including collection and disbursement, of\nclinical practice income, subject to direction by a facility-based\ngoverning board.\n  (c) The commissioner is authorized to promulgate such rules and\nregulations as may be necessary to implement the provisions of this\nsubdivision. Such rules shall include, but not be limited to, criteria\nfor participation in the clinical practice plan, including who\ncontributes and who may receive income from the plan, the purposes for\nwhich such income may be disbursed, the maximum allowable compensation,\nthe fringe benefits provided by the plan, provision for an accounting\nsystem for recording all receipts and disbursements of fees received,\nand provision for fiscal reports to the commissioner and an annual audit\nof such accounts by the state and/or an independent auditor.\n  Notwithstanding any law, rule or regulation to the contrary, the\ncommissioner may determine the fringe benefits to be provided to the\nclinical practice plan members from clinical practice income and may\nauthorize the expenditure of clinical practice income for this purpose\nor to supplement fringe benefits provided from state appropriations.\n  (d) Any clinical practice plan established pursuant to this\nsubdivision shall not restrict the authority of the comptroller in\nparagraph (c) of subdivision two of section four hundred nine of this\nchapter to maintain at all times on deposit in the department of health\nincome fund established pursuant to section four hundred nine of this\nchapter the aggregate amount of money needed by the department during\nsix calendar months to comply in full with all obligations of the\ndepartment under the terms of every lease, sublease, or agreement of the\ndepartment with the dormitory authority which is then in effect.\n  (e) Employees with a faculty appointment participating in a clinical\npractice plan at Roswell Park Cancer Institute established pursuant to\nsubdivision fourteen of section two hundred six of this chapter who are\neligible to participate in the New York state employees' retirement\nsystem may elect, within ninety days of becoming eligible to participate\nin such system, in lieu of participating in such system, to participate\nin the optional retirement program available to employees of the state\nuniversity of New York pursuant to article eight-B of the education law,\nsubject to the terms and conditions of that article and to the\nprovisions of the retirement and social security law.\n  * 15. Notwithstanding any other provision of law to the contrary, the\ncommissioner is authorized to establish a statewide in-line skate, skate\nboard, and bicycle helmet public education and awareness program and a\nstatewide in-line skate, skate board, and bicycle helmet distribution\nprogram. The purpose of the statewide in-line skate, skate board, and\nbicycle helmet public education and awareness program is to provide a\nplan for the coordination of county, city, town and village efforts to\nreduce in-line skate, skate board, and bicycle related injuries and\nfatalities. The purpose of the statewide in-line skate, skate board, and\nbicycle helmet distribution program is to provide a plan for the\ncoordination of county, city, town and village efforts to distribute\nhelmets to persons who can demonstrate an economic hardship that\nprecludes them from purchasing such helmet. The commissioner shall make\nall necessary efforts to ensure that an in-line skate, skate board, and\nbicycle helmet distribution program is instituted in each county of the\nstate. The commissioner is authorized to promulgate such rules and\nregulations as may be necessary to implement the provisions of this\nsubdivision.\n  * NB There are 3 sub. 15's\n  * 15. (a) The commissioner shall promulgate rules and regulations\nwhich establish:\n  (i) procedures to review and approve rape crisis programs that provide\ntraining to rape crisis counselors as defined in section four thousand\nfive hundred ten of the civil practice law and rules;\n  (ii) minimum training standards for rape crisis counselors;\n  (iii) procedures to enable approved rape crisis programs to certify\ncurrent and future rape crisis counselors, including volunteer\ncounselors, provided such rape crisis counselors have met the minimum\ntraining standards as set forth in this subdivision; and\n  (iv) procedures to periodically review approved training programs to\nassure they continue to satisfy established standards.\n  (b) Rape crisis programs approved by the commissioner shall provide\ntraining programs consisting of at least thirty hours of pre-service\ntraining and within the first year of service at least ten hours of\nin-service training for rape crisis counselors. This training shall\ninclude but not be limited to, instruction on the following:\n  (i) the dynamics of sexual offenses, sexual abuses or incest;\n  (ii) crisis intervention techniques;\n  (iii) client-counselor confidentiality requirements;\n  (iv) communication skills and intervention techniques;\n  (v) an overview of the state criminal justice system;\n  (vi) an update and review of state laws on sexual offenses, sexual\nabuse or incest;\n  (vii) the availability of state and community resources for clients;\n  (viii) working with a diverse population;\n  (ix) an overview of child abuse and maltreatment identification and\nreporting responsibilities; and\n  (x) information on the availability of medical and legal assistance\nfor such clients.\n  (c) The department shall provide technical assistance to approved rape\ncrisis programs to implement training programs in accordance with the\nminimum standards set forth in this subdivision.\n  * NB There are 3 sub. 15's\n  * 15. The commissioner is authorized to make grants and enter into\ncontracts, as recommended by the state task force on clinical practice\nguidelines and medical technology assessment established pursuant to\nsection twenty-eight hundred four-a of this chapter, for research and/or\nprojects to promote the identification, evaluation, development and/or\napplication of clinical practice guidelines and appropriate use of\nmedical technology, but in no way to direct or mandate the use of such\nguidelines or technology, to the extent of funds available therefor from\nthe commissioner's priority distributions pursuant to subparagraph (ii)\nof paragraph (f) of subdivision nineteen of section twenty-eight hundred\nseven-c of this chapter. No grants or contracts executed pursuant to\nthis section shall be for the purpose of developing clinical practice\nguideline based reimbursement methodologies or any other regulations.\nFor the purposes of this subdivision, "clinical practice guidelines"\nshall mean systematically developed statements to assist physician and\npatient decisions about the appropriate health care for specific\nclinical circumstances, and "medical technology" shall mean an\ninstrument or unit of equipment or technique for use as a health related\ntreatment, testing or diagnostic tool.\n  * NB Expired June 30, 1996; There are 3 sub. 15's\n  16. The commissioner, in consultation with the commissioner of the\ndepartment of motor vehicles, shall promulgate rules and regulations\nspecifying the medical conditions based on health and safety which\njustify granting an exception to the requirements of subparagraphs one\nand two of paragraph (b) of subdivision twelve-a of section three\nhundred seventy-five of the vehicle and traffic law.\n  * 17. (a) The commissioner shall enter into an agreement with the\ncommissioner of taxation and finance which shall set forth the\nprocedures for the crediting of overpayments of tax owed to an\nindividual taxpayer, estate or trust to the repayment of overpayments of\nmedical assistance payments owed to the department or a social services\ndistrict by such person pursuant to the provisions of section one\nhundred seventy-one-f of the tax law and is authorized to furnish to the\ncommissioner of taxation and finance such information and to take such\nother actions as may be necessary to carry out the agreement provided\nfor in such section, for the crediting of overpayments of tax to\nrepayment of overpayments of medical assistance payments received by an\nindividual who is or has been enrolled as a provider in the New York\nstate medical assistance program as established under title eleven of\narticle five of the social services law.\n  (b) The department shall by regulation establish procedures by which\nany individual, estate or trust which is the subject of a certification\nto the department of taxation and finance in accordance with such\nagreement may contest such certification. Such regulations and the\nnotice required by subdivision three of section one hundred\nseventy-one-f of the tax law shall set forth defenses which may be\navailable to the individual, estate or trust to contest such\ncertification and the manner in which a review of the certification\nbased on such defenses may be obtained.\n  (c) In accordance with such agreement and the provisions of section\none hundred seventy-one-f of the tax law, the department shall be\nentitled to receive payments to satisfy the payment obligation of a\nperson who is receiving or has received payment as a provider in the New\nYork state medical assistance program established under title eleven of\narticle five of the social services law, in accordance with a written\nfinal determination of the department, provided that a proceeding for\nadministrative or judicial review shall not be pending and the time for\ninitiation of such proceedings shall be expired.\n  * NB There are 2 sub. 17's\n  * 17. The department, upon completion of a review of the existing\nscientific research regarding allergic reactions to natural rubber latex\nproducts, shall issue guidelines, in consultation with health care\nproviders, for a latex management program, in health care settings.\n  * NB There are 2 sub. 17's\n  * 18. The commissioner is authorized and directed to promulgate rules\nand regulations to establish standards for water wells, including but\nnot limited to drilling, construction, abandonment, repair, maintenance,\nwater flow, including testing thereof, and pump standards for such\nwells.\n  * NB There are 2 sub. 18's\n  * 18. The commissioner, subject to the approval of the director of the\nbudget, is authorized to approve and implement medicaid demonstration\nprograms designed to provide additional knowledge and experience and to\ncollect information concerning alternative methodologies for\nreimbursement, delivery of medical services, or eligibility for medical\nassistance in hospice operated nursing homes and is further authorized\nto waive such provisions of article twenty-eight of this chapter and\ntitle eleven of article five of the social services law as are necessary\nto implement such demonstration programs when such waiver will promote\nthe efficient delivery of appropriate, quality, cost-effective services\nand when the health, safety and general welfare of patients will not be\nimpaired as a result of such waiver.\n  * NB There are 2 sub. 18's\n  18-a. Health information technology demonstration program. (a) (i) The\ncommissioner is authorized to issue grant funding to one or more\norganizations broadly representative of physicians licensed in this\nstate, from funds made available for the purpose of funding research and\ndemonstration projects under subparagraph (ii) of this paragraph\ndesigned to promote the development of electronic health information\nexchange technologies in order to facilitate the adoption of\ninteroperable health records.\n  (ii) Project funding shall be disbursed to projects pursuant to a\nrequest for proposals based on criteria relating to promoting the\nefficient and effective delivery of quality physician services.\nDemonstration projects eligible for funding under this paragraph shall\ninclude, but not be limited to:\n  (A) efforts to incentivize electronic health record adoption;\n  (B) interconnection of physicians through regional collaborations;\n  (C) efforts to promote personalized health care and consumer choice;\n  (D) efforts to enhance health care outcomes and health status\ngenerally through interoperable public health surveillance systems and\nstreamlined quality monitoring.\n  (iii) The department shall issue a report to the governor, the\ntemporary president of the senate and the speaker of the assembly within\none year following the issuance of the grants. Such report shall\ncontain, at a minimum, the following information: the demonstration\nprojects implemented pursuant to this paragraph, their date of\nimplementation, their costs and the appropriateness of a broader\napplication of the health information technology program to increase the\nquality and efficiency of health care across the state.\n  * (b) The commissioner shall:\n  (i) post on its website by September first, two thousand fifteen and\nquarterly thereafter, information on the uses of funding in support of\nthe Statewide Health Information Network of New York (SHIN-NY),\nincluding how such funds may be used to:\n  (A) support hospitals, physicians, and other providers in the\nachievement of federal meaningful use requirements;\n  (B) support DSRIP health information exchange and data requirements to\nhelp performing provider systems and the state meet DSRIP quality goals;\nand\n  (C) increase participation in regional health information\norganizations by providers at reasonable costs to the providers; and\n  (ii) convene a workgroup to:\n  (A) evaluate the state's health information technology infrastructure\nand systems, as well as other related plans and projects designed to\nmake improvements or modifications to such infrastructure and systems\nincluding, but not limited to, the all payor database (APD), the state\nplanning and research cooperative system (SPARCS), regional health\ninformation organizations (RHIOs), the statewide health information\nnetwork of New York (SHIN-NY) and medical assistance eligibility\nsystems; and\n  (B) develop recommendations for the state to move toward a\ncomprehensive health claims and clinical database aimed at improving\nquality of care, efficiency, cost of care and patient satisfaction\navailable in a self-sustainable, non-duplicative, interactive and\ninteroperable manner that ensures safeguards for privacy,\nconfidentiality and security;\n  (iii) submit an interim report to the governor, the temporary\npresident of the senate and the speaker of the assembly, which shall\ndetail the concerns and issues associated with establishing the state's\nhealth information technology infrastructure considered by the\nworkgroup, on or before December first, two thousand fourteen; and\n  (iv) submit a report to the governor, the temporary president of the\nsenate and the speaker of the assembly, which shall fully consider the\nevaluation and recommendations of the workgroup, on or before December\nfirst, two thousand fifteen.\n  * NB Effective until March 31, 2029\n  * (b) The commissioner shall make such rules and regulations as may be\nnecessary to implement federal policies and disburse funds as required\nby the American Recovery and Reinvestment Act of 2009 and to promote the\ndevelopment of a statewide health information network of New York\n(SHIN-NY) to enable widespread interoperability among disparate health\ninformation systems, including electronic health records, personal\nhealth records and public health information systems, while protecting\nprivacy and security. Such rules and regulations shall include, but not\nbe limited to, requirements for organizations covered by 42 U.S.C. 17938\nor any other organizations that exchange health information through the\nSHIN-NY.\n  * NB Effective March 31, 2029\n  (c) The members of the workgroup shall include, at a minimum, three\nmembers who represent RHIOs, two members employed by the department who\nare involved in the development of the SHIN-NY and the APD, two members\nwho represent physicians, two members who represent hospitals, two\nmembers who represent home care agencies, one member who represents\nfederally qualified health centers, one member who represents county\nhealth commissioners, the chair of the senate health committee or his or\nher designee, the chair of the assembly health committee or his or her\ndesignee, and other individuals with expertise in matters relevant to\nthe charge of the workgroup.\n  * (d) The commissioner may make such rules and regulations as may be\nnecessary to implement federal policies and disburse funds as required\nby the American Recovery and Reinvestment Act of 2009 and to promote the\ndevelopment of a self-sufficient SHIN-NY to enable widespread,\nnon-duplicative interoperability among disparate health information\nsystems, including electronic health records, personal health records,\nhealth care claims, payment and other administrative data, and public\nhealth information systems, while protecting privacy and security. Such\nrules and regulations shall include, but not be limited to, requirements\nfor organizations covered by 42 U.S.C. 17938 or any other organizations\nthat exchange health information through the SHIN-NY or any other\nstatewide health information system recommended by the workgroup. If the\ncommissioner seeks to promulgate rules and regulations prior to issuance\nof the report identified in subparagraph (iv) of paragraph (b) of this\nsubdivision, the commissioner shall submit the proposed regulations to\nthe workgroup for its input. If the commissioner seeks to promulgate\nrules and regulations after the issuance of the report identified in\nsuch subparagraph (iv) then the commissioner shall consider the report\nand recommendations of the workgroup. If the commissioner acts in a\nmanner inconsistent with the input or recommendations of the workgroup,\nhe or she shall provide the reasons therefor.\n  * NB Effective until March 31, 2029\n  * 19. The commissioner is authorized and directed to promulgate rules\nand regulations as may be necessary, with respect to the form and\ncontent of applications for licenses, the fees to be charged for\nobtaining licenses, permits, duplicates and renewals, the reception\nthereof, the investigation and examination of applicants and of\nprospective applicants taking examinations and their qualifications, the\ninquiry into the operation of body piercing or tattooing studios and the\nconducting of periodic inspection of facilities to determine compliance\nby the tattoo or body piercing studio with applicable statutes, rules\nand regulations, appropriate penalties for failure to abide by rules and\nregulations promulgated pursuant to this article, and additional visits\nthat may be made to tattoo or body piercing studios to determine whether\nviolations or deficiencies have been corrected, to investigate any\ncomplaint, and for any other purposes deemed necessary and appropriate\nby the commissioner. Such regulations shall include, but not be limited\nto, the hygienic requirements for sterilization of sharps, needles, and\nother supplies and equipment, the general cleanliness of the body\npiercing studio or tattoo studio, the disposal of each sharp and other\nsingle use supplies after use on one customer, the proper disposal of\ncontaminated supplies and equipment, and other matters incidental or\nappropriate to the powers and duties of the commissioner as prescribed\nby this subdivision and for the proper administration and enforcement of\nthe provisions of this subdivision to ensure the health, safety and\nwelfare of the public.\n  * NB There are 2 sub. 19's\n  * 19. (a) The commissioner shall ensure that any contracts entered\ninto, renewed, extended, modified or in any way made or continued with\nentities pursuant to article twenty-eight of this chapter to receive,\ndistribute and otherwise administer funds for the pools specified in\nthis subdivision, require such pool administrators to submit directly to\nthe temporary president of the senate and the speaker of the assembly\nquarterly reports on the collection, pooling and distribution of funds\npursuant to the following sections of this chapter:\n  (i) paragraph (a) of subdivision eighteen of section twenty-eight\nhundred seven-c of this chapter, providing for a one percent assessment\non hospital revenues;\n  (ii) section twenty-eight hundred seven-j, establishing allowances on\nnet patient service revenues;\n  (iii) section twenty-eight hundred seven-k, establishing the general\nhospital indigent care pool;\n  (iv) section twenty-eight hundred seven-l, establishing the health\ncare initiatives pool;\n  (v) section twenty-eight hundred seven-m, establishing regional\nprofessional education pools;\n  (vi) section twenty-eight hundred seven-s, establishing professional\neducation pool funding;\n  (vii) section twenty-eight hundred seven-t, establishing assessments\non covered lives; and\n  (viii) section twenty-eight hundred seven-v, establishing tobacco\ncontrol and insurance initiatives pool.\n  The commissioner shall assist such pool administrators, as necessary,\nin the fulfillment of this requirement.\n  (b) Reports filed pursuant to paragraph (a) of this subdivision shall,\nat a minimum, for each quarterly period\n  (i) profile, as of the end of each quarter and based on the available\ndata, all revenue collected pursuant to each source specified in\nsubparagraphs (i), (ii), (vi) and (vii) of paragraph (a) of this\nsubdivision, as well as revenue collected for deposit into the pools\nspecified in subparagraph (viii) of such paragraph, further reported, as\napplicable, according to each category of payer, including, but not\nlimited to, medical assistance, private insurance, employer benefit\nplans, workers' compensation, no-fault, cigarette taxes, tobacco\nsettlement funds, and the public asset established pursuant to sections\nfour thousand three hundred one and seven thousand three hundred\nseventeen of the insurance law;\n  (ii) profile, as of the end of each quarter and based on the available\ndata, aggregate revenue, by source, deposited for the quarter, into each\npool specified in subparagraphs (iii), (iv), (v), and (viii) of\nparagraph (a) of this subdivision as well as the fund balances for each\nsuch pool as of the end of each quarter; and\n  (iii) profile, as of the end of each quarter and based on the\navailable data, every disbursement from each pool specified in\nsubparagraphs (iii), (iv), (v) and (viii) of paragraph (a) of this\nsubdivision, further reported, as applicable, according to and\nindicative of each allocation specified for such pool, and further\nreported according to and indicative of each recipient of funds from\neach such allocation, except allocations made pursuant to subparagraph\n(iii) of paragraph (c) of subdivision one of section twenty-eight\nhundred seven-l of this chapter, and further indicative of the status of\nfunding for each such recipient.\n  (c) The reports required by paragraph (a) of this subdivision shall\ncover the periods January through March, April through June, July\nthrough September and October through December and shall be submitted no\nlater than forty-five days following the last day of the quarterly\nperiod covered by the report. Reports shall be submitted in both written\nand electronic form.\n  (d) The commissioner shall also ensure that any such contracts require\nsuch entities, beginning August first, two thousand three and no later\nthan the twelfth day of each month thereafter, to report to the\ncomptroller in an electronic and written format the beginning pool\nbalances, receipts collected by source, the disbursements made by\npurpose, the amount and nature of any transfers made among such pools,\nand the ending pool balances for the pools described in subparagraphs\n(i), (ii) and (iii) of paragraph (b) of this subdivision and at the same\nlevel of specificity required by such paragraph. The comptroller shall\ninclude such information in the monthly report required by subdivision\nnine-a of section eight of the state finance law. Any additional\nexpenses incurred by the entity as a result of this paragraph shall be\nborne by the department of health.\n  * NB There are 2 sub. 19's\n  20. The commissioner shall, in consultation with the superintendent of\nstate police, promulgate, by regulation, a list of "select chemical\nagents" which shall consist only of those toxic chemicals which have\nbeen identified, as of the effective date of this subdivision, for the\napplication of verification measures under article VI of the convention\non the prohibition of the development, production, stockpiling and use\nof chemical weapons and on their destruction, opened for signature on\nJanuary thirteenth, nineteen hundred ninety-three, in schedules\ncontained in the annex to said convention. The commissioner may, from\ntime to time, promulgate regulations amending said list in the event\nthat the schedules contained in the annex to the convention are amended,\nrevised, modified or repealed, so that the list of select chemical\nagents promulgated pursuant to this subdivision conforms in whole or in\npart to any such amended, revised, modified or repealed list, if the\ncommissioner determines that any such amendment, revision, modification\nor repeal is consistent with the purposes of this chapter.\n  * 21. The commissioner shall, in consultation with the superintendent\nof state police, promulgate, by regulation, a list of "select biological\nagents" which shall consist only of those select biological agents which\nhave been identified, as of the effective date of this subdivision, by\nthe United States Secretary of Health and Human Services and placed on\nthe select agent list established pursuant to section 511 (d) of the\nAntiterrorism and Effective Death Penalty Act, Pub. L. 104-132 at 42\nC.F.R. Part 72. The commissioner may, from time to time, promulgate\nregulations amending said list in the event that the list of select\nbiological agents promulgated by federal regulations is amended,\nrevised, modified or repealed, so that the list of select biological\nagents promulgated pursuant to this subdivision conforms in whole or in\npart to any such amended, revised, modified or repealed list, if the\ncommissioner determines that any such amendment, revision, modification\nor repeal is consistent with the purposes of this chapter.\n  * NB There are 2 sub 21's\n  * 21. The commissioner shall make the information developed pursuant\nto section five hundred forty-four of the executive law available\nthrough, but not limited to, the department's website and written\nmaterials available to the public.\n  * NB There are 2 sub 21's\n  22. The commissioner shall provide information and technical\nassistance concerning the drug discount program authorized by section\n340B of the federal public health service act (42 U.S.C § 256b) to:\n  (a) covered entities, as defined in section 340B of the public health\nservice act, to facilitate their participation in such drug discount\nprogram; and\n  (b) local government officials, regarding the benefits of the drug\ndiscount program and the process of accessing discounted drugs under the\nprogram on behalf of individuals whose prescription drug costs are borne\nby local government, including but not limited to residents of\ncounty-operated nursing homes.\n  23. Pursuant to subdivision six of section two hundred two of the\nstate administrative procedure act, on an emergency basis and upon a\nfinding by the commissioner of an immediate threat to the public safety,\nthe commissioner is authorized to remove a drug, procedure or supply\nwhose primary purpose is to enhance or facilitate sexual performance\nfrom: (a) the definition of medical assistance established pursuant to\nsection three hundred sixty-five-a of the social services law, (b) the\ndefinition of health care services covered by the family health plus\nprogram established pursuant to section three hundred sixty-nine-ee of\nthe social services law, (c) the definition of covered health services\nestablished pursuant to subdivision seven of section twenty-five hundred\nten of this chapter, or (d) the list of prescription drugs covered by\nthe program for elderly pharmaceutical insurance coverage (EPIC)\nestablished pursuant to title three of article two of the elder law, or\nto otherwise restrict the criteria for payment for such drug, procedure\nor supply, by the medicaid, family health plus, child health plus, or\nEPIC programs, for those persons required to register as sex offenders\npursuant to article six-C of the correction law.\n  * 24. Notwithstanding any inconsistent provision of law to the\ncontrary, the commissioner is authorized to receive applications and to\ndetermine initial and continuing eligibility for enrollment under the\nchild health plus program established under title I-A of article\ntwenty-five of this chapter, the medical assistance program established\nunder title eleven of article five of the social services law, and the\nfamily health plus program established under title eleven-D of such\narticle. The commissioner may exercise such authority with respect to\nall residents, or a subset of residents, of one or more local social\nservices districts. The commissioner is authorized to enter into one or\nmore contracts, which contracts shall be procured on a competitive basis\npursuant to a request for proposal process, for the purpose of\nexercising his or her authority under this subdivision. State employees\nshall supervise and provide oversight and quality assurance monitoring\nof contract staff activities. Provided further, the department shall\nendeavor to use state employees in exercising the commissioner's\nauthority under this subdivision.\n  * NB There are 2 sb 24's\n  * 24. The commissioner shall have the authority to correct errors on\nmarriage certificates maintained by the department pursuant to paragraph\n(e) of subdivision one of this section upon request of any applicant\nwhose name appears thereon for a certificate of marriage where:\n  (a) such error was not the result of any intended fraud, deception or\nattempt to avoid the effect of any valid law, regulation or statute; and\n  (b) either party to the marriage provides proof, satisfactory to the\ncommissioner, of the accuracy of the facts presented in support of\ncorrecting the error.\n  To effectuate such correction and provide certified copies of the\namended certificate, the commissioner shall be entitled to a fee not\nexceeding ten dollars. The commissioner shall forward a copy of such\namended certificate to the clerk of the town or city which issued such\ncertificate.\n  * NB There are 2 sb 24's\n  25. (a) In assessing and reporting on the impact of section\nsixty-eight hundred one of the education law, pursuant to subdivision\nfour of such section the commissioner may use: (1) influenza vaccine\nsupply data from the federal centers for disease control and prevention;\n(2) pneumococcal vaccine supply data provided by manufacturers and\ndistributors of such vaccine; and (3) data from a third party entity\nthat engages in the collection of data and tracking of pharmaceutical\nsales and distribution. Manufacturers and distributors of pneumococcal\nvaccine shall provide or arrange for the timely provision to the\ncommissioner of such data as the commissioner may reasonably request to\ncomplete the report. Provider and customer identifiable information\nsubmitted pursuant to this paragraph shall be confidential, unless the\ninformation provider consents to its release or the commissioner\ndetermines disclosure is necessary to respond to an imminent public\nhealth emergency.\n  (b) Notwithstanding the provisions of paragraph (a) of this\nsubdivision, the commissioner may require reporting by entities licensed\npursuant to article twenty-eight or thirty-six of this chapter,\npharmacies registered pursuant to article one hundred thirty-seven of\nthe education law, manufacturers and distributors of adult immunizing\nagents doing business in this state, and others possessing such adult\nimmunizing agents of additional information needed to respond to an\nimminent public health emergency.\n  26. The commissioner is hereby authorized and directed to review any\npolicy or practice instituted in facilities operated by the department\nof corrections and community supervision, and in all local correctional\nfacilities, as defined in subdivision sixteen of section two of the\ncorrection law, regarding human immunodeficiency virus (HIV), acquired\nimmunodeficiency syndrome (AIDS), hepatitis C (HCV), and COVID-19,\nincluding the prevention of the transmission of and the treatment of\nsuch infections and diseases among incarcerated individuals. Such review\nshall be performed at least annually, and shall focus on whether such\npolicy or practice is consistent with current, generally accepted\nmedical standards and procedures used to prevent the transmission of and\nto treat those infections and diseases among the general public. In\nperforming such reviews, in order to determine the quality and adequacy\nof care and treatment provided, department personnel are authorized to\nenter correctional facilities and inspect policy and procedure manuals\nand medical protocols, interview health services providers and\nincarcerated individual-patients, review medical grievances, and inspect\na representative sample of medical records of incarcerated individuals\nknown to be infected with any such infections or diseases. Prior to\ninitiating a review of a correctional system, the commissioner shall\ninform the public, including patients, their families and patient\nadvocates, of the scheduled review and invite them to provide the\ncommissioner with relevant information. Upon the completion of such\nreview, the department shall, in writing, approve such policy or\npractice as instituted in facilities operated by the department of\ncorrections and community supervision, and in any local correctional\nfacility, or, based on specific, written recommendations, direct the\ndepartment of corrections and community supervision, or the authority\nresponsible for the provision of medical care to incarcerated\nindividuals in local correctional facilities to prepare and implement a\ncorrective plan to address deficiencies in areas where such policy or\npractice fails to conform to current, generally accepted medical\nstandards and procedures.  The commissioner shall monitor the\nimplementation of such corrective plans and shall conduct such further\nreviews as the commissioner deems necessary to ensure that identified\ndeficiencies in those policies and practices are corrected. All written\nreports pertaining to reviews provided for in this subdivision shall be\nmaintained, under such conditions as the commissioner shall prescribe,\nas public information available for public inspection.\n  27. The commissioner shall promulgate regulations to require that a\nmanufacturer or other entity selling, leasing, or otherwise providing\nany drug, device, or health care service shall not, directly or\nindirectly, establish as a condition for the use by a dentist of such\ndrug, device, or health care service that the dentist meet any quota for\nthe number of patients on whom the dentist uses the drug, device, or\nhealth care service and that a dentist shall not, directly or\nindirectly, request or receive from any manufacturer or other entity a\ndrug, device, or health care service having a condition that the dentist\nmeet any quota for the number of patients on whom the dentist uses the\ndrug, device, or health care service.\n  * 28. The commissioner shall assist the commissioner of education in\ndeveloping rules and regulations, relating to pupils who suffer mild\ntraumatic brain injuries, in accordance with subdivision forty-two of\nsection three hundred five of the education law, and provide for the\nposting on the department's internet website of such information as\nshall be required pursuant to such subdivision.\n  * NB Effective until August 25, 2026\n  * 28. The commissioner shall assist the commissioner of education in\ndeveloping rules and regulations, relating to pupils who suffer mild\ntraumatic brain injuries and the physicians and nurse practitioners\nauthorized to evaluate such pupils, in accordance with subdivision\nforty-two of section three hundred five of the education law, and\nprovide for the posting on the department's internet website of such\ninformation as shall be required pursuant to such subdivision.\n  * NB Effective August 25, 2026\n  * 30. The commissioner shall notify the commissioner of education in\nany instance in which a registered professional nurse engages in\nimproper behavior while supervising an advanced home health aide\npursuant to subdivision two of section sixty-nine hundred eight of the\neducation law.\n  * NB Repealed March 31, 2029\n  * 31. The commissioner shall develop information, in conjunction with\nthe commissioner of education related to students who exhibit signs or\nsymptoms of pending or increased risk of sudden cardiac arrest. Such\ninformation shall include, but not be limited to, the definition of\nsudden cardiac arrest, signs and symptoms of sudden cardiac arrest. Such\ninformation shall be posted on the department's website.\n  * NB Effective until August 25, 2026\n  * 31. The commissioner shall develop information, in conjunction with\nthe commissioner of education related to students who exhibit signs or\nsymptoms of pending or increased risk of sudden cardiac arrest. Such\ninformation shall include, but not be limited to, the definition of\nsudden cardiac arrest, signs and symptoms of sudden cardiac arrest, and\ninformation for the physicians and nurse practitioners authorized to\nevaluate whether a student may resume athletic activity. Such\ninformation shall be posted on the department's website.\n  * NB Effective August 25, 2026\n
N.Y. EDN Law § 2-D — New York Code / Act EDN / Title 1 / Article 1 / Section 2-D
Unauthorized release of personally identifiable information
Status: in_force

§ 2-d. Unauthorized release of personally identifiable information. 1.\nDefinitions. As used in this section the following terms shall have the\nfollowing meanings:\n  a. "Building principal" means a building principal subject to annual\nperformance evaluation review under the provisions of section three\nthousand twelve-c, section three thousand twelve-d, or section three\nthousand twelve-e of this chapter.\n  b. "Classroom teacher" means a teacher subject to annual performance\nevaluation review under the provisions of section three thousand\ntwelve-c, section three thousand twelve-d, or section three thousand\ntwelve-e of this chapter.\n  c. "Educational agency" means a school district, board of cooperative\neducational services, school, or the education department.\n  d. "Personally identifiable information," as applied to student data,\nmeans personally identifiable information as defined in section 99.3 of\ntitle thirty-four of the code of federal regulations implementing the\nfamily educational rights and privacy act, section twelve hundred\nthirty-two-g of title twenty of the United States code, and, as applied\nto teacher or principal data, means "personally identifying information"\nas such term is used in subdivision ten of section three thousand\ntwelve-c of this chapter.\n  e. "School" means any public elementary or secondary school, universal\npre-kindergarten program authorized pursuant to section thirty-six\nhundred two-e of this chapter, an approved provider of preschool special\neducation, any other publicly funded pre-kindergarten program, a school\nserving children in a special act school district as defined in section\nfour thousand one of this chapter, an approved private school for the\neducation of students with disabilities, a state-supported school\nsubject to the provisions of article eighty-five of this chapter, or a\nstate-operated school subject to the provisions of article eighty-seven\nor eight-eight of this chapter.\n  f. "Student" means any person attending or seeking to enroll in an\neducational agency.\n  g. "Eligible student" means a student eighteen years or older.\n  h. "Parent" means a parent, legal guardian, or person in parental\nrelation to a student.\n  i. "Student data" means personally identifiable information from\nstudent records of an educational agency.\n  j. "Teacher or principal data" means personally identifiable\ninformation from the records of an educational agency relating to the\nannual professional performance reviews of classroom teachers or\nprincipals that is confidential and not subject to release under the\nprovisions of section three thousand twelve-c of this chapter.\n  k. "Third party contractor" shall mean any person or entity, other\nthan an educational agency, that receives student data or teacher or\nprincipal data from an educational agency pursuant to a contract or\nother written agreement for purposes of providing services to such\neducational agency, including but not limited to data management or\nstorage services, conducting studies for or on behalf of such\neducational agency, or audit or evaluation of publicly funded programs.\nSuch term shall include an educational partnership organization that\nreceives student and/or teacher or principal data from a school district\nto carry out its responsibilities pursuant to section two hundred\neleven-e of this title and is not an educational agency as defined in\nparagraph c of this subdivision, and a not-for-profit corporation or\nother non-profit organization, other than an educational agency.\n  2. Chief privacy officer. a. The commissioner shall appoint a chief\nprivacy officer within the department for a term of three years, which\nmay be renewed for three-year terms thereafter. The chief privacy\nofficer shall be qualified by training or experience in state and\nfederal education privacy laws and regulations, civil liberties,\ninformation technology, and information security. The chief privacy\nofficer shall report to the commissioner on matters affecting privacy\nand the security of student, teacher, and principal data.\n  b. The functions of the chief privacy officer shall include, but not\nbe limited to:\n  (1) promoting the implementation of sound information practices for\nprivacy and security of student data or teacher or principal data;\n  (2) assisting the commissioner in handling instances of data breaches\nas well as assisting the commissioner in due process proceedings\nregarding any alleged breaches of student data or teacher or principal\ndata;\n  (3) providing assistance to educational agencies within the state on\nminimum standards and best practices associated with privacy and the\nsecurity of student data or teacher or principal data;\n  (4) formulating a procedure within the department whereby parents,\nstudents, teachers, superintendents, school board members, principals,\nand other persons or entities the chief privacy officer determines is\nappropriate, may request information pertaining to student data or\nteacher or principal data in a timely and efficient manner;\n  (5) assisting the commissioner in establishing a protocol for the\nsubmission of complaints of possible breaches of student data or teacher\nor principal data;\n  (6) making recommendations as needed regarding privacy and the\nsecurity of student data on behalf of the department to the governor,\nthe speaker of the assembly, the temporary president of the senate, and\nthe chairs of the senate and assembly education committees; and\n  (7) issuing an annual report on data privacy and security activities\nand progress, the number and disposition of reported breaches, if any,\nand a summary of any complaint submitted pursuant to subparagraph five\nof this paragraph.\n  c. The chief privacy officer shall have the power to:\n  (1) access all records, reports, audits, reviews, documents, papers,\nrecommendations, and other materials maintained by an educational agency\nthat relate to student data or teacher or principal data;\n  (2) to review and comment upon any department program, proposal,\ngrant, or contract that involves the processing of student data or\nteacher or principal data before the commissioner begins or awards the\nprogram, proposal, grant, or contract; and\n  (3) any other powers that the commissioner shall deem appropriate.\n  3. Parents bill of rights for data privacy and security. a. A parents\nbill of rights for data privacy and security shall be published on the\nwebsite of each educational agency and shall be included with every\ncontract an educational agency enters into with a third party contractor\nwhere the third party contractor receives student data or teacher or\nprincipal data.\n  b. The parents bill of rights for data privacy and security shall\nstate in clear and plain English terms that:\n  (1) A student's personally identifiable information cannot be sold or\nreleased for any commercial purposes;\n  (2) Parents have the right to inspect and review the complete contents\nof their child's education record;\n  (3) State and federal laws protect the confidentiality of personally\nidentifiable information, and safeguards associated with industry\nstandards and best practices, including but not limited to, encryption,\nfirewalls, and password protection, must be in place when data is stored\nor transferred;\n  (4) A complete list of all student data elements collected by the\nState is available for public review at (insert website address here) or\nby writing to (insert mailing address here); and\n  (5) Parents have the right to have complaints about possible breaches\nof student data addressed. Complaints should be directed to (insert\nphone number, email and mailing address here).\n  c. The parents bill of rights for data privacy and security shall\ninclude supplemental information for each contract an educational agency\nenters into with a third party contractor where the third party\ncontractor receives student data or teacher or principal data. Such\nsupplemental information shall be developed by the educational agency\nand shall include:\n  (1) the exclusive purposes for which the student data or teacher or\nprincipal data will be used;\n  (2) how the third party contractor will ensure that the\nsubcontractors, persons or entities that the third party contractor will\nshare the student data or teacher or principal data with, if any, will\nabide by data protection and security requirements;\n  (3) when the agreement expires and what happens to the student data or\nteacher or principal data upon expiration of the agreement;\n  (4) if and how a parent, student, eligible student, teacher or\nprincipal may challenge the accuracy of the student data or teacher or\nprincipal data that is collected; and\n  (5) where the student data or teacher or principal data will be stored\n(described in such a manner as to protect data security), and the\nsecurity protections taken to ensure such data will be protected,\nincluding whether such data will be encrypted.\n  d. The chief privacy officer, with input from parents and other\neducation and expert stakeholders, shall develop additional elements of\nthe parents bill of rights for data privacy and security. The\ncommissioner shall promulgate regulations for a comment period whereby\nparents and other members of the public may submit comments and\nsuggestions to the chief privacy officer to be considered for inclusion.\nThe parents bill of rights for data privacy and security shall be\ncompleted within one hundred twenty days after the effective date of\nthis section.\n  4. Data collection transparency and restrictions. a. The department\nshall promote the least intrusive data collection policies practicable\nthat advance the goals of improving academic achievement, empowering\nparents with information and advancing efficient and effective school\noperations while minimizing the collection and transmission of\npersonally identifiable information.\n  b. The chief privacy officer shall develop, regularly update and make\npublicly available on the department's website and through such\nadditional methods as may facilitate accessibility an inventory and\nunderstandable description of the student, teacher and principal data\nelements collected with an explanation and/or legal or regulatory\nauthority outlining the reasons such data elements are collected and the\nintended uses and disclosure of the data.\n  c. Except as otherwise specifically authorized by law, the department\nshall only collect personally identifiable information relating to an\neducational purpose.\n  d. The department may only require districts to submit personally\nidentifiable information, including data on disability status and\nstudent suspensions, where such release is required by law or otherwise\nauthorized under the family educational rights and privacy act, 20\nU.S.C. section 1232g, and the personal privacy protection law.\n  e. Except as required by law or in the case of educational enrollment\ndata, school districts shall not report to the department the following\nstudent data elements:\n  (1) juvenile delinquency records;\n  (2) criminal records;\n  (3) medical and health records; and\n  (4) student biometric information.\n  f. Personally identifiable information maintained by educational\nagencies, including data provided to third-party contractors and their\nassignees, shall not be sold or used for marketing purposes.\n  g. Parents shall have the right to inspect and review their child's\neducational record including any student data stored or maintained by an\neducational agency. The department shall develop policies for school\ndistricts that:\n  (1) provide for annual notification to parents of their right to\nrequest student data;\n  (2) ensure security when providing student data to parents, including\nthat only authorized individuals receive such data; and\n  (3) specify a reasonable amount of time in which school districts\nshould respond to such requests.\n  5. Data security and privacy standards. a. The commissioner, in\nconsultation with the chief privacy officer, shall promulgate\nregulations establishing standards for educational agency data security\nand privacy policies and shall develop one or more model policies for\nuse by educational agencies. The commissioner shall seek the input of\nexperts, including those from security, cyber-security and fields in\naddition to education that have experience with personal data\nprotection, in developing such standards and policies.\n  b. The standards for data security and privacy policies shall include,\nbut not be limited to:\n  (1) data privacy protections, including criteria for determining\nwhether a proposed use of personally identifiable information would\nbenefit students and educational agencies, and processes to ensure that\npersonally identifiable information is not included in public reports or\nother public documents;\n  (2) data security protections, including data systems monitoring, data\nencryption, incident response plans, limitations on access to personally\nidentifiable information, safeguards to ensure personally identifiable\ninformation is not accessed by unauthorized persons when transmitted\nover communication networks, and destruction of personally identifiable\ninformation when no longer needed; and\n  (3) application of all such restrictions, requirements and safeguards\nto third-party contractors.\n  c. Following promulgation of regulations by the commissioner pursuant\nto paragraph a of this subdivision each educational agency shall ensure\nthat it has a policy on data security and privacy in place that is\nconsistent with applicable state and federal laws and applied to student\ndata and, where applicable, to teacher or principal data. Such policy\nshall be published on the educational agency's website, if it exists,\nand notice of such policy shall be provided to all officers and\nemployees of the educational agency.\n  d. As applied to student data, such policy shall provide all\nprotections afforded to parents and persons in parental relationships,\nor students where applicable, required under the family educational\nrights and privacy act, 20 U.S.C. section 1232g, where applicable the\nindividuals with disabilities education act, sections fourteen hundred,\net seq. of title twenty of the United States code, and the federal\nregulations implementing such statutes. Each educational agency shall\nensure that it has in place provisions in its contracts with third party\ncontractors or in separate data sharing and confidentiality agreements\nthat require that confidentiality of the shared student data or teacher\nor principal data be maintained in accordance with federal and state law\nand the educational agency's policy on data security and privacy.\n  e. Each educational agency that enters into a contract or other\nwritten agreement with a third party contractor under which the third\nparty contractor will receive student data or teacher or principal data\nshall ensure that such contract or agreement includes a data security\nand privacy plan that outlines how all state, federal, and local data\nsecurity and privacy contract requirements will be implemented over the\nlife of the contract, consistent with the educational agency's policy on\ndata security and privacy. Such plan shall include, but shall not be\nlimited to, a signed copy of the parents bill of rights for data privacy\nand security, and a requirement that any officers or employees of the\nthird party contractor and its assignees who have access to student data\nor teacher or principal data have received or will receive training on\nthe federal and state law governing confidentiality of such data prior\nto receiving access.\n  f. Each third party contractor that enters into a contract or other\nwritten agreement with an educational agency under which the third party\ncontractor will receive student data or teacher or principal data shall:\n  (1) limit internal access to education records to those individuals\nthat are determined to have legitimate educational interests;\n  (2) not use the education records for any other purposes than those\nexplicitly authorized in its contract;\n  (3) except for authorized representatives of the third party\ncontractor to the extent they are carrying out the contract, not\ndisclose any personally identifiable information to any other party:\n  (i) without the prior written consent of the parent or eligible\nstudent; or\n  (ii) unless required by statute or court order and the party provides\na notice of the disclosure to the department, district board of\neducation, or institution that provided the information no later than\nthe time the information is disclosed, unless providing notice of the\ndisclosure is expressly prohibited by the statute or court order;\n  (4) maintain reasonable administrative, technical and physical\nsafeguards to protect the security, confidentiality and integrity of\npersonally identifiable student information in its custody;\n  (5) uses encryption technology to protect data while in motion or in\nits custody from unauthorized disclosure using a technology or\nmethodology specified by the secretary of the United States department\nof health and human services in guidance issued under Section\n13402(H)(2) of Public Law 111-5.\n  6. Breach and unauthorized release of personally identifiable\ninformation. a. Each third party contractor that receives student data\nor teacher or principal data pursuant to a contract or other written\nagreement with an educational agency shall be required to notify such\neducational agency of any breach of security resulting in an\nunauthorized release of such data by the third party contractor or its\nassignees in violation of applicable state or federal law, the parents\nbill of rights for student data privacy and security, the data privacy\nand security policies of the educational agency and/or binding\ncontractual obligations relating to data privacy and security, in the\nmost expedient way possible and without unreasonable delay. The\neducational agency shall, upon notification by the third party\ncontractor, be required to report to the chief privacy officer any such\nbreach of security and unauthorized release of such data. The chief\nprivacy officer shall, upon belief that such breach and unauthorized\nrelease constitutes criminal conduct, report such breach and\nunauthorized release to law enforcement in the most expedient way\npossible and without unreasonable delay.\n  b. In the case of an unauthorized release of student data, the\neducational agency shall notify the parent or eligible student of the\nunauthorized release of student data that includes personally\nidentifiable information from the student records of such student in the\nmost expedient way possible and without unreasonable delay. In the case\nof an unauthorized release of teacher or principal data, the educational\nagency shall notify each affected teacher or principal of the\nunauthorized release of data that includes personally identifiable\ninformation from the teacher or principal's annual professional\nperformance review in the most expedient way possible and without\nunreasonable delay.\n  c. In the case of notification to a parent, eligible student, teacher\nor principal under paragraph b of this subdivision due to the\nunauthorized release of student data by a third-party contractor or its\nassignee, the third-party contractor shall promptly reimburse the\neducational agency for the full cost of such notification.\n  d. Each violation of a third party contractor pursuant to paragraph a\nof this subdivision shall be punishable by a civil penalty of the\ngreater of five thousand dollars or up to ten dollars per student,\nteacher, and principal whose data was released, provided that the latter\namount shall not exceed the maximum penalty under paragraph (a) of\nsubdivision six of section eight hundred ninety-nine-aa of the general\nbusiness law.\n  e. If the chief privacy officer determines that a third party\ncontractor or its assignee, in violation of applicable state or federal\nlaw, the data privacy and security policies of the educational agency\nprovided by such educational agency to the third party contractor and/or\nbinding contractual obligations relating to data privacy and security,\nhas released any student data or teacher or principal data received from\nan educational agency to any person or entity not authorized by law to\nreceive such data pursuant to a lawful subpoena or otherwise, the chief\nprivacy officer, after affording the third party contractor with notice\nand an opportunity to be heard, shall be authorized to:\n  (1) order that the third party contractor be precluded from accessing\nstudent data or teacher or principal data, as applicable, from the\neducational agency from which the contractor obtained the data that was\nimproperly disclosed for a fixed period of up to five years; and/or\n  (2) order that a third party contractor or assignee who knowingly or\nrecklessly allowed for the unauthorized release of student data or\nteacher or principal data be precluded from accessing student data or\nteacher or principal data from any educational agency in the state for a\nfixed period of up to five years; and/or\n  (3) order that a third party contractor or assignee who knowingly or\nrecklessly allowed for the unauthorized release of student data or\nteacher or principal data shall not be deemed a responsible bidder or\nofferer on any contract with an educational agency that involves the\nsharing of student data or teacher or principal data, as applicable for\npurposes of the provisions of section one hundred three of the general\nmunicipal law or paragraph c of subdivision ten of section one hundred\nsixty-three of the state finance law, as applicable, for a fixed period\nof up to five years; and/or\n  (4) require the third party contractor to provide training at the\ncontractor's expense on the federal and state law governing\nconfidentiality of student data and/or teacher or principal data and the\nprovisions of this section to all its officers and employees with access\nto such data, prior to being permitted to receive subsequent access to\nsuch data from the educational agency from which the contractor obtained\nthe data that was improperly disclosed or from any educational agency;\nand/or\n  (5) if it is determined that the unauthorized release of student data\nor teacher or principal data on the part of the third party contractor\nor assignee was inadvertent and done without intent, knowledge,\nrecklessness or gross negligence, the commissioner may determine that no\npenalty be issued upon the third party contractor.\n  7. Implementation and enforcement. a. The commissioner, in\nconsultation with the chief privacy officer, shall promulgate\nregulations establishing procedures to implement the provisions of this\nsection, including but not limited to procedures for the submission of\ncomplaints from parents and/or persons in parental relation to students,\nclassroom teachers or building principals, or other staff of an\neducational agency, making allegations of improper disclosure of student\ndata and/or teacher or principal data by a third party contractor or its\nofficers, employees or assignees that may be subject to the sanctions\nset forth in subdivision six of this section. Upon receipt of a\ncomplaint or other information indicating that such an improper\ndisclosure by a third party contractor may have occurred, the chief\nprivacy officer shall be authorized to investigate, visit, examine and\ninspect the third party contractor's facilities and records and obtain\ndocumentation from, or require the testimony of, any party relating to\nthe alleged improper disclosure of student data or teacher or principal\ndata.\n  b. Except as provided under paragraph d of subdivision six of this\nsection, each violation of any provision of this section by a third\nparty contractor or its assignee shall be punishable by a civil penalty\nof up to one thousand dollars; a second violation by the same third\nparty contractor involving the same student data or teacher or principal\ndata shall be punishable by a civil penalty of up to five thousand\ndollars; any subsequent violation by the same third party contractor\ninvolving the same student date or teacher or principal data shall be\npunishable by a civil penalty of up to ten thousand dollars. Each\nviolation of this subdivision shall be considered a separate violation\nfor purposes of civil penalties and the total penalty shall not exceed\nthe maximum penalty under paragraph (a) of subdivision six of section\neight hundred ninety-nine-aa of the general business law.\n  c. Nothing contained in this section shall be construed as creating a\nprivate right of action against the department or an educational agency.\n  d. Nothing in this section shall limit the administrative use of\nstudent data or teacher or principal data by a person acting exclusively\nin the person's capacity as an employee of an educational agency or of\nthe state or any of its political subdivisions, any court or the federal\ngovernment that is otherwise required by law.\n