N.Y. PBA Law § 1299-OO — New York Code / Act PBA / Article 5 / Title 11-B / Section 1299-OO
Remedies of noteholders and bondholders
Status: in_force

§ 1299-oo. Remedies of noteholders and bondholders. 1. In the event\nthat the authority shall default in the payment of principal of or\ninterest on any issue of notes or bonds after the same shall become due,\nwhether at maturity or upon call for redemption, and such default shall\ncontinue for a period of thirty days, or in the event that the authority\nshall fail or refuse to comply with the provisions of this title or\nshall default in any agreement made with the holders of any issue of\nnotes or bonds, the holders of twenty-five per centum in aggregate\nprincipal amount of the notes or bonds of such issue then outstanding,\nby instrument or instruments filed in the office of the clerk of any\ncounty in which the authority operates and has an office and proved or\nacknowledged in the same manner as a deed to be recorded, may appoint a\ntrustee to represent the holders of such notes or bonds for the purposes\nherein provided.\n  2. Such trustee may, and upon written request of the holders of\ntwenty-five per centum in principal amount of such notes or bonds then\noutstanding shall, in his or its own name:\n  (a) by suit, action or proceeding in accordance with the civil\npractice law and rules, enforce all rights of the noteholders or\nbondholders, including the right to require the authority to collect\nfares, tolls, rentals, rates, charges and other fees adequate to carry\nout any agreement as to, or pledge of, such fares, tolls, rentals,\nrates, charges and other fees and to require the authority to carry out\nany other agreements with the holders of such notes or bonds and to\nperform its duties under this title;\n  (b) bring suit upon such notes or bonds;\n  (c) by action or suit, require the authority to account as if it were\nthe trustee of an express trust for the holders of such notes or bonds;\n  (d) by action or suit, enjoin any acts or things which may be unlawful\nor in violation of the rights of the holders of such notes or bonds;\n  (e) declare all such notes or bonds due and payable, and if all\ndefaults shall be made good, then, with the consent of the holders of\ntwenty-five per centum of the principal amount of such notes or bonds\nthen outstanding, to annul such declaration and its consequences.\n  3. Such trustee shall in addition to the foregoing have and possess\nall of the powers necessary or appropriate for the exercise of any\nfunctions specifically set forth herein or incident to the general\nrepresentation of bondholders or noteholders in the enforcement and\nprotection of their rights.\n  4. The supreme court shall have jurisdiction of any suit, action or\nproceedings by the trustee on behalf of such noteholders or bondholders.\nThe venue of any such suit, action or proceeding shall be laid in the\ncounty in which the instrument or instruments are filed in accordance\nwith subdivision one of this section.\n  5. Before declaring the principal of notes or bonds due and payable,\nthe trustee shall first give thirty days' notice in writing to the\ngovernor, to the authority, to the comptroller and to the attorney\ngeneral of the state.\n
N.Y. VAT Law § 2229 — New York Code / Act VAT / Title 11 / Article 47 / Section 2229
Snowmobile, not a motor vehicle
Status: in_force

§ 2229. Snowmobile, not a motor vehicle. Notwithstanding its limited\nuse on highways, a snowmobile shall not be determined a motor vehicle\nwithin the meaning of section one hundred twenty-five of this chapter or\nany other successor statutes.\n
N.Y. ENV Law § 15-1105 — New York Code / Act ENV / Article 15 / Title 11 / Section 15-1105
Regional planning and development board; meetings; quorum; powers and duties
Status: in_force

§ 15-1105. Regional planning and development board; meetings; quorum;\n             powers and duties.\n  1. If the department shall determine that the proposal should be\nundertaken, the department, after the expiration of the time in which a\nreview of its decision may be had or, in the event such a review has\nbeen instituted, after a final judgment or order affirming the\ndepartment's decision has been entered therein, shall appoint a regional\nplanning board, hereinafter referred to as "the board."\n  2. The board shall consist of seven members residing in the region of\nthe proposal and of whom:\n  a. At least one member shall be representative of the municipal\ncorporations within the region of the proposal; and service as a member\nof the board shall not be deemed as service rendered to any municipal\ncorporation;\n  b. At least one member shall be representative of the agricultural and\nfarming interests within the region of the proposal and shall be\nactively interested in the improvement and development of agricultural\nand farming process and techniques;\n  c. At least one member shall be representative of industry within the\nregion of the proposal and actively engaged or employed in an industrial\nor commercial pursuit;\n  d. At least one member shall be representative of groups within the\nregion of the proposal interested in the needs of fisheries and\nwaterfowl and in forms of outdoor recreation made possible by the\nstate's waters; and\n  e. At least one member shall be actively engaged in or connected with\nthe acquisition, operation or management of public water supplies within\nthe region; and service as a member of the board shall not be deemed as\nservice rendered to any municipal corporation.\n  3. Appointments to the board shall be made by the department from\nlists of nominations submitted to it, at the department's request, by\nthe county legislative body or bodies of the county or counties within\nthe region of the proposal. Each list of nominations shall contain\nfourteen names including two for each of the five representative classes\nspecified by subdivision 2 of this section. Where more than one county\nis included, the county legislative body or bodies shall make all\nreasonable effort to agree upon a single list of nominations. The\ndepartment when making its requests for nominations shall specify a\ndate, fixed so as to permit action on the requests by the county\nlegislative bodies; on or before which such nominations must be\nsubmitted, unless the department shall extend such time. The persons so\nappointed by the department shall within ten days following the date of\ntheir appointments and before entering upon the performance of their\nduties, take and subscribe an oath of office in the manner and form\nprescribed by law, and shall file the same in the office of the\nSecretary of State of the state of New York. Each appointee shall notify\nthe department in writing of the date of filing his oath of office. A\nvacancy shall be filled from the appropriate representative class and in\nlike manner as an original appointment.\n  4. The board shall hold its first meeting not later than thirty days\nafter the oaths of office of all members have been so filed for the\npurpose of organization and the appointment of its officers. The board\nshall select from among its members a chairman, vice chairman and\nsecretary.\n  5. The board shall be known and transact its affairs as the\n"........... Regional Water Resources Planning Board" (insert in the\nname of such board a word or words, chosen by the board at its first\nmeeting, descriptive of the region of the proposal).\n  6. The members of the board shall serve without compensation but shall\nbe reimbursed for their actual and necessary expenses incurred in the\nperformance of their duties. Vouchers for such expenses shall be\nprepared on forms provided by the department and shall be approved by\nthe chairman of the board. Such vouchers shall be submitted in duplicate\nto the department, which shall transmit one copy of each voucher to the\nComptroller of the state of New York for payment and shall retain the\nother copy in its files.\n  7. The board shall expire and the terms of office of its members shall\nterminate thirty days after the department has finally approved or\ndisapproved a plan as hereinafter provided in title 11 of this article.\nHowever, the department, with the concurrence of the county legislative\nbody or bodies of the county or counties within the region, may\nterminate the existence of the board and the terms of office of its\nmembers at any time it deems it in the public interest to do so; and the\ndepartment, with the concurrence of the county legislative body or\nbodies of such county or counties, may continue the existence of the\nboard and the terms of office of its members for a specified additional\nperiod of time after the department has finally approved a plan, for the\npurpose of furthering the objectives of the plan.\n  8. The board shall hold regular meetings monthly, keep a record of all\nits proceedings, and determine the rules of its own proceedings.\n  9. Special meetings may be called by the chairman upon his own\ninitiative and must be called by him upon receipt of a written request\ntherefor signed by at least two members of the board. Written notice of\nthe time and place of such special meeting shall be given by the\nsecretary to each member at least four days before the date fixed by the\nnotice for such special meeting.\n  10. Four members of the board shall constitute a quorum to transact\nthe business of the board at both regular and special meetings.\n  11. The board shall request the department within appropriations\navailable to the department therefor, to provide office space and\nequipment, and to select and employ or retain clerical, technical,\nscientific, engineering, legal and other personnel and services to\nassist the board in carrying out its duties and performing its functions\nunder title 11 of this article.\n  12. The board, using the personnel so selected and employed or\nretained by the department, shall proceed to investigate, study, examine\nand survey the water resources of the region of the proposal to\nascertain the present uses being made thereof, and to determine the\nfeasibility of their future development by proper conservation and\ncontrol measures, to provide a greater supply for, and an equitable\ndistribution among domestic, municipal, agricultural, commercial,\nindustrial and recreational users, to the end that the water resources\nof the region shall not be wasted and shall be conserved and utilized\nfor the beneficial interests of all the people of the state. Particular\nconsideration shall be given to the impounding and retention of flood\nwaters for their future use and distribution.\n  13. The board may conduct informal hearings and meetings at any place\nor places within the region for the purpose of obtaining necessary\ninformation or other data to assist it in the proper performance of its\nfunctions and duties. The board may delegate to any member, to the\nsecretary or to any agent of the board the power and authority to\nconduct such hearings and meetings, and all reasonable efforts shall be\nmade to ascertain the views, wishes and opinions of the inhabitants of\nthe region.\n  14. The board and its authorized agents may enter upon any lands as in\nits judgment may be necessary for the purpose of making surveys and\nexaminations to accomplish its functions and duties under this article,\nwithout liability. Liability only for actual damage done during any such\nentry, survey and examination is hereby assumed by the state and consent\nis hereby granted to any owner of such lands to pursue his remedy for\nany such actual damage pursuant to the Court of Claims Act.\n  15. The board shall cooperate with legislative committees and\ncommissions, and shall make available to such committees and\ncommissions, upon request, any records and other data, and shall file\nmonthly with the department a report of its activities and progress.\nUpon termination of the board's existence, the board shall deposit all\nrecords of its proceedings with the department.\n  16. The board, based upon its investigations and studies, shall\nprepare a comprehensive plan or plans for the protection, conservation,\ndevelopment and utilization of the water resources of the region of the\nproposal, and shall submit the plan or plans to the department for its\napproval.\n
N.Y. VAT Law § 2287 — New York Code / Act VAT / Title 11 / Article 48-B / Section 2287
Special events
Status: in_force

§ 2287. Special events. ATVs operated at special events pursuant to\nsection twenty-four hundred eight of this chapter may be exempted from\nthe provisions of this article concerning registration.\n
N.Y. ENV Law § 54-1103 — New York Code / Act ENV / Article 54 / Title 11 / Section 54-1103
Coastal rehabilitation projects
Status: in_force

§ 54-1103. Coastal rehabilitation projects.\n  As used in this title, "coastal rehabilitation project" shall mean\nthose projects which serve a public purpose for beach nourishment\nnecessary to maintain the natural functions of beach areas, maintenance\nof the natural passage of sand along coastal areas, emergency breach\nclosures and similar activities undertaken by the state, a municipality,\nor a not-for-profit corporation which demonstrates to the commissioner's\nsatisfaction that it is financially and otherwise capable of operating\nand maintaining the project, for the restoration and rehabilitation of\ncoastal areas diminished, damaged or destroyed by natural forces.\n
N.Y. SOS Law § 367-I — New York Code / Act SOS / Article 5 / Title 11 / Section 367-I
Personal care services provider assessments
Status: in_force

§ 367-i. Personal care services provider assessments. 1. Providers of\npersonal care services, excepting those certified under article\nthirty-six of the public health law, are charged assessments on their\ngross receipts received from all personal care services and other\noperating income on a cash basis in the percentage amounts and for the\nperiods specified in subdivision two of this section. Such assessments\nshall be submitted by or on behalf of such personal care services\nproviders to the commissioner of health or his/her designee.\n  2. (a) The assessment shall be six-tenths of one percent of each such\nprovider's gross receipts received from all personal care services and\nother operating income on a cash basis beginning January first, nineteen\nhundred ninety-one; provided, however, that for all such gross receipts\nreceived on or after April first, nineteen hundred ninety-nine, such\nassessment shall be two-tenths of one percent, and further provided that\nsuch assessment shall expire and be of no further effect for all such\ngross receipts received on or after January first, two thousand.\n  (b) Notwithstanding any contrary provisions of this section or any\nother contrary provision of law or regulation, the assessment shall be\nthirty-five hundredths of one percent of each such provider's gross\nreceipts from all personal care services and other operating income on a\ncash basis for periods on and after April first, two thousand nine.\n  3. Gross receipts received from all personal care services and other\noperating income for purposes of the assessments pursuant to this\nsection shall include, but not be limited to, all monies received for or\non account of personal care services, provided, however, that subject to\nthe provisions of subdivision eleven of this section income received\nfrom grants, charitable contributions, donations and bequests and\ngovernmental deficit financing shall not be included, and provided\nfurther, however, that moneys received from a certified home health\nagency or a provider of a long term home health care program assessed on\nsuch moneys pursuant to section thirty-six hundred fourteen-a of the\npublic health law shall not be included.\n  4. Estimated payments by or on behalf of such personal care services\nproviders to the commissioner of health or his/her designee of funds due\nfrom the assessments pursuant to subdivision two of this section shall\nbe made on a monthly basis. Estimated payments shall be due on or before\nthe fifteenth day following the end of a calendar month to which an\nassessment applies.\n  5. (a) If an estimated payment made for a month to which an assessment\napplies is less than seventy percent of an amount the commissioner of\nhealth determines is due, based on evidence of prior period moneys\nreceived by a personal care services provider or evidence of moneys\nreceived by such personal care services provider for that month, the\ncommissioner of health may estimate the amount due from such personal\ncare services provider and may collect the deficiency pursuant to\nparagraph (c) of this subdivision.\n  (b) If an estimated payment made for a month to which an assessment\napplies is less than ninety percent of an amount the commissioner of\nhealth determines is due, based on evidence of prior period moneys\nreceived by a personal care services provider or evidence of moneys\nreceived by such personal care services provider for that month, and at\nleast two previous estimated payments within the preceding six months\nwere less than ninety percent of the amount due, based on similar\nevidence, the commissioner of health may estimate the amount due from\nsuch personal care services provider and may collect the deficiency\npursuant to paragraph (c) of this subdivision.\n  (c) Upon receipt of notification from the commissioner of health of a\nprovider's deficiency under this section, the comptroller or a fiscal\nintermediary designated by the director of the budget, or the\ncommissioner of social services, or a corporation organized and\noperating in accordance with article forty-three of the insurance law,\nor an organization operating in accordance with article forty-four of\nthe public health law shall withhold from the amount of any payment to\nbe made by the state or by such article forty-three corporation or\narticle forty-four organization to the provider the amount of the\ndeficiency determined under paragraph (a) or (b) of this subdivision or\nparagraph (e) of subdivision six of this section. Upon withholding such\namount, the comptroller or a designated fiscal intermediary, or the\ncommissioner of social services, or corporation organized and operating\nin accordance with article forty-three of the insurance law or\norganization operating in accordance with article forty-four of the\npublic health law shall pay the commissioner of health, or his designee,\nsuch amount withheld on behalf of the provider.\n  (d) The commissioner of health shall provide a provider with notice of\nany estimate of an amount due for an assessment pursuant to paragraph\n(a) or (b) of this subdivision or paragraph (e) of subdivision six of\nthis section at least three days prior to collection of such amount by\nthe commissioner of health. Such notice shall contain the financial\nbasis for the commissioner of health's estimate.\n  (e) In the event a provider objects to an estimate by the commissioner\nof health pursuant to paragraph (a) or (b) of this subdivision or\nparagraph (e) of subdivision six of this section of the amount due for\nan assessment, the provider, within sixty days of notice of an amount\ndue, may request a public hearing. If a hearing is requested, the\ncommissioner of health shall provide the provider an opportunity to be\nheard and to present evidence bearing on the amount due for an\nassessment within thirty days after collection of an amount due or\nreceipt of a request for a hearing, whichever is later. An\nadministrative hearing is not a prerequisite to seeking judicial relief.\n  (f) The commissioner of health may direct that a hearing be held\nwithout any request by a personal care services provider.\n  6. (a) Every personal care services provider shall submit reports on a\ncash basis of actual gross receipts received from all patient care\nservices and operating income for each month as follows:\n  (i) for the period January first, nineteen hundred ninety-one through\nJanuary thirty-first, nineteen hundred ninety-one, the report shall be\nfiled on or before March fifteenth, nineteen hundred ninety-one; and\n  (ii) for the quarter year ending March thirty-first, nineteen hundred\nninety-one and for each quarter thereafter, the report shall be filed on\nor before the forty-fifth day after the end of such quarter.\n  (b) Every personal care services provider shall submit a certified\nannual report on a cash basis of gross receipts received in such\ncalendar year from all patient care services and operating income.\n  (c) The reports shall be in such form as may be prescribed by the\ncommissioner of health to accurately disclose information required to\nimplement this section.\n  (d) Final payments shall be due for all personal care services\nproviders for the assessments pursuant to subdivision two of this\nsection upon the due date for submission of the applicable quarterly\nreport.\n  (e) The commissioner of health may recoup deficiencies in final\npayments pursuant to paragraph (c) of subdivision five of this section.\n  7. (a) If an estimated payment made for a month to which an assessment\napplies is less than ninety percent of the actual amount due for such\nmonth, interest shall be due and payable to the commissioner of health\non the difference between the amount paid and the amount due from the\nday of the month the estimated payment was due until the date of\npayment. The rate of interest shall be twelve percent per annum or at\nthe rate of interest set by the commissioner of taxation and finance\nwith respect to underpayments of tax pursuant to subsection (e) of\nsection one thousand ninety-six of the tax law minus four percentage\npoints. Interest under this paragraph shall not be paid if the amount\nthereof is less than one dollar. Interest, if not paid by the due date\nof the following month's estimated payment, may be collected by the\ncommissioner of health pursuant to paragraph (c) of subdivision five of\nthis section in the same manner as an assessment pursuant to subdivision\ntwo of this section.\n  (b) If an estimated payment made for a month to which an assessment\napplies is less than seventy percent of the actual amount due for such\nmonth, a penalty shall be due and payable to the commissioner of health\nof five percent of the difference between the amount paid and the amount\ndue for such month when the failure to pay is for a duration of not more\nthan one month after the due date of the payment with an additional five\npercent for each additional month or fraction thereof during which such\nfailure continues, not exceeding twenty-five percent in the aggregate. A\npenalty may be collected by the commissioner of health pursuant to\nparagraph (c) of subdivision five of this section in the same manner as\nan assessment pursuant to subdivision two of this section.\n  (c) Overpayment by a personal care services provider of an estimated\npayment shall be applied to any other payment due from the personal care\nservices provider pursuant to this section, or, if no payment is due, at\nthe election of the personal care services provider shall be applied to\nfuture estimated payments or refunded to the personal care services\nprovider. Interest shall be paid on overpayments from the date of\noverpayment to the date of crediting or refund at the rate determined in\naccordance with paragraph (a) of this subdivision if the overpayment was\nmade at the direction of the commissioner of health. Interest under this\nparagraph shall not be paid if the amount thereof is less than one\ndollar.\n  8. Funds accumulated, including income from invested funds, from the\nassessments specified in this section, including interest and penalties,\nshall be deposited by the commissioner of health and credited to the\ngeneral fund.\n  9. Notwithstanding any inconsistent provision of law or regulation to\nthe contrary, the assessments pursuant to this section shall not be an\nallowable cost in the determination of reimbursement rates pursuant to\nthis article.\n  10. The assessment shall not be collected in excess of twelve million\ndollars from such providers for the period of January first, nineteen\nhundred ninety-one through March thirty-first, nineteen hundred\nninety-two. The amount of the assessment collected pursuant to\nsubdivision two of this section in excess of twelve million dollars\nshall be refunded to providers by the commissioner of health based on\nthe ratio which a provider's assessment for such period bears to the\ntotal of the assessments for such period paid by such providers.\n  11. Each exclusion of sources of gross receipts received from the\nassessments effective on or after April first, nineteen hundred\nninety-two established pursuant to this section shall be contingent upon\neither: (a) qualification of the assessments for waiver pursuant to\nfederal law and regulation; or (b) consistent with federal law and\nregulation, not requiring a waiver by the secretary of the department of\nhealth and human services related to such exclusion; in order for the\nassessments under this section to be qualified as a broad-based health\ncare related tax for purposes of the revenues received by the state\npursuant to the assessments not reducing the amount expended by the\nstate as medical assistance for purposes of federal financial\nparticipation. The commissioner of health shall collect the assessments\nrelying on such exclusions, pending any contrary action by the secretary\nof the department of health and human services. In the event the\nsecretary of the department of health and human services determines that\nthe assessments do not so qualify based on any such exclusion, then the\nexclusion shall be deemed to have been null and void as of April first,\nnineteen hundred ninety-two, and the commissioner of health shall\ncollect any retroactive amount due as a result, without interest or\npenalty provided the personal care services provider pays the\nretroactive amount due within ninety days of notice from the\ncommissioner of health to the provider that an exclusion is null and\nvoid. Interest and penalties shall be measured from the due date of\nninety days following notice from the commissioner of health to the\nprovider.\n
N.Y. PBA Law § 1307 — New York Code / Act PBA / Article 5 / Title 11-C / Section 1307
Special powers of the authority
Status: in_force

§ 1307. Special powers of the authority. In order to effectuate the\npurposes of this title: 1. The authority may acquire, by purchase, gift,\ngrant, transfer, contract or lease, or condemnation, any transportation\nfacility, including port or related facilities wholly or partially\nwithin the Capital District transportation district or any part thereof,\nor the use thereof, and may enter into any joint service arrangements as\nhereinafter provided. Any such acquisition or joint service arrangement\nshall be authorized only by resolution of the authority approved by not\nless than a majority of the whole number of members of the authority\nthen in office.\n  2. The authority may on such terms and conditions as the authority may\ndetermine necessary, convenient or desirable itself establish,\nconstruct, effectuate, operate, maintain, renovate, improve, extend or\nrepair any such transportation facility, or may provide for such\nestablishment, construction, effectuation, operation, maintenance,\nrenovation, improvement, extension or repair by contract, lease, or\nother arrangement on such terms as the authority may deem necessary,\nconvenient or desirable with any person, including but not limited to\nany common carrier or freight forwarder, the state, any state agency,\nthe federal government, any other state or agency or instrumentality\nthereof, any public authority of this or any other state or any\npolitical subdivision or municipality of the state. In connection with\nthe operation of any such transportation facility, the authority may\nestablish, construct, effectuate, operate, maintain, renovate, improve,\nextend or repair or may provide by contract, lease or other arrangement\nfor the establishment, construction, effectuation, operation,\nmaintenance, renovation, improvement, extension or repair of any related\nservices and activities it deems necessary, convenient or desirable,\nincluding but not limited to the transportation and storage of freight\nand the United States mail, feeder and connecting transportation,\nparking areas, transportation centers, port, stations and related\nfacilities.\n  3. The authority may establish, levy and collect or cause to be\nestablished, levied and collected and, in the case of a joint service\narrangement, join with others in the establishment, levy and collection\nof such fares, tolls, rentals, rates, charges and other fees as it may\ndeem necessary, convenient or desirable for the use and operation of any\ntransportation facility and related services operated by the authority\nor by a subsidiary corporation of the authority or under contract, lease\nor other arrangement, including joint service arrangements, with the\nauthority. Any such fares, tolls, rentals, rates, charges or other fees\nfor the transportation of passengers shall be established and changed\nonly if approved by resolution of the authority adopted by not less than\na majority of the whole number of members of the authority then in\noffice and only after a public hearing, provided however, that fares,\ntolls, rentals, rates, charges or other fees for the transportation of\npassengers on any transportation facility which are in effect at the\ntime that the then owner of such transportation facility becomes a\nsubsidiary corporation of the authority or at the time that operation of\nsuch transportation facility is commenced by the authority or is\ncommenced under contract, lease or other arrangement including joint\nservice arrangements, with the authority may be continued in effect\nwithout such a hearing.  Such fares, tolls, rentals, rates, charges and\nother fees shall be established as may in the judgment of the authority\nbe necessary to maintain the combined operations of the authority and\nits subsidiary corporations on a self-sustaining basis. The said\noperations shall be deemed to be on a self-sustaining basis as required\nby this title, when the authority is able to pay or cause to be paid\nfrom revenue or any other funds or property actually available to the\nauthority and its subsidiary corporations (a) as the same shall become\ndue, the principal of and interest on the bonds and notes and other\nobligations of the authority and of such subsidiary corporations,\ntogether with the maintenance of proper reserves therefor, (b) the cost\nand expense of keeping the properties and assets of the authority and\nits subsidiary corporations in good condition and repair, and (c) the\ncapital and operating expenses of the authority and its subsidiary\ncorporations.  The authority may contract with the holders of bonds and\nnotes with respect to the exercise of the powers authorized by this\nsection.\n  4. The authority may establish and, in the case of joint service\narrangements, join with others in the establishment of such schedules\nand standards of operations and such other rules and regulations\nincluding but not limited to rules and regulations governing the conduct\nand safety of the public as it may deem necessary, convenient or\ndesirable for the use and operation of any transportation facility and\nrelated services operated by the authority or under contract, lease or\nother arrangement, including joint service arrangements, with the\nauthority. Such rules and regulations governing the conduct and safety\nof the public shall be filed with the department of state in the manner\nprovided by section one hundred two of the executive law. In the case of\nany conflict between any such rule or regulation of the authority\ngoverning the conduct or safety of the public and any local law,\nordinance, rule or regulation, such rule or regulation of the authority\nshall prevail. Violation of any such rule or regulation of the authority\ngoverning the conduct or the safety of the public in or upon any\nfacility of the authority shall constitute an offense and shall be\npunishable by fine not exceeding fifty dollars or imprisonment for not\nmore than thirty days or both.\n  5. The authority may acquire, hold, own, lease, establish, construct,\neffectuate, operate, maintain, renovate, improve, extend or repair any\nof its facilities through, and cause any one or more of its powers,\nduties, functions or activities to be exercised or performed by, one or\nmore wholly owned subsidiary corporations of the authority and may\ntransfer to or from any such corporation any moneys, real property or\nother property for any of the purposes of this title. The directors or\nmembers of each such subsidiary corporation shall be the same persons\nholding the offices of members of the authority. Each such subsidiary\ncorporation and any of its property, functions and activities shall have\nall of the privileges, immunities, tax exemptions and other exemptions\nof the authority and of the authority's property, functions and\nactivities. Each such subsidiary corporation shall be subject to the\nrestrictions and limitations to which the authority may be subject.\nEach such subsidiary corporation shall be subject to suit in accordance\nwith section thirteen hundred sixteen of this title. The employees of\nany such subsidiary corporation, except those who are also employees of\nthe authority, shall not be deemed employees of the authority.\n  If the authority shall determine that one or more of its subsidiary\ncorporations should be in the form of a public benefit corporation, it\nshall create each such public benefit corporation by executing and\nfiling with the secretary of state a certificate of incorporation, which\nmay be amended from time to time by filing, which shall set forth the\nname of such public benefit subsidiary corporation, its duration, the\nlocation of its principal office, and any or all of the purposes of\nacquiring, owning, leasing, establishing, constructing, effectuating,\noperating, maintaining, renovating, improving, extending or repairing\none or more facilities of the authority. Each such public benefit\nsubsidiary corporation shall be a body politic and corporate and shall\nhave all those powers vested in the authority by the provisions of this\ntitle which the authority shall determine to include in its certificate\nof incorporation except the power to contract indebtedness.\n  Whenever any state, political subdivision, municipality, commission,\nagency, officer, department, board, division or person is authorized and\nempowered for any of the purposes of this title to cooperate and enter\ninto agreements with the authority such state, political subdivision,\nmunicipality, commission, agency, officer, department, board, division\nor person shall have the same authorization and power for any of such\npurposes to cooperate and enter into agreements with a subsidiary\ncorporation of the authority.\n  6. The authority, in its own name or in the name of the state, may\napply for and receive and accept grants of property, money and services\nand other assistance offered or made available to it by any person,\ngovernment or agency whatever, which it may use to meet capital or\noperating expenses and for any other use within the scope of its powers,\nand to negotiate for the same upon such terms and conditions as the\nauthority may determine to be necessary, convenient or desirable. In no\nevent, however, shall the authority submit to the state or federal\ngovernment or any agency or instrumentality thereof an application for a\nstate or federal project unless the application shall have been first\napproved by the commissioner as being part of or consistent with such\nstatewide plan, regional plan or transportation development policy and\nplanning concept.\n  7. The authority may do all things it deems necessary, convenient or\ndesirable to manage, control and direct the maintenance and operation of\ntransportation facilities, equipment or real property operated by or\nunder contract, lease or other arrangement with the authority. Except as\nhereinafter specially provided, no municipality or political\nsubdivision, including but not limited to a county, city, village, town\nor school or other district shall have jurisdiction over any facilities\nof the authority or any of its activities or operations.  In the\noperation, maintenance and control of any facilities devoted to purposes\nother than direct transportation purposes, the authority shall be\nsubject to all local laws, resolutions, ordinances, rules and\nregulations of a municipality or political subdivision. Each\nmunicipality or political subdivision, including but not limited to a\ncounty, city, village, town or district in which any facilities of the\nauthority are located shall provide for such facilities police, fire and\nhealth protection services of the same character and to the same extent\nas those provided for residents of such municipality or political\nsubdivision.\n  The authority may agree with the state department of transportation\nfor the execution by such department of any grade crossing elimination\nproject or any grade crossing separation reconstruction project along\nany railroad facility operated by the authority or by one of its\nsubsidiary corporations or under contract, lease or other arrangement\nwith the authority. Any such project shall be executed as provided in\nthe grade crossing elimination act and the railroad law, respectively,\nand the costs of any such project shall be borne as provided in such\nlaws, except that the authority's share of such costs shall be borne by\nthe state.\n  8. The authority may accept unconditional grants of money or property\nas subsidy payments for expansion of service into areas where such\nservice would not be self-supporting. The authority may accept\nunconditional grants of money or property from any city, village, town\nor county not wholly contained within a city the whole or any part of\nwhich shall be served or to be served by a transportation facility\noperated by the authority. Such grants of money or property would be for\nthe purpose of assisting the authority in meeting its capital or\noperating expenses. The acceptance of any such grant shall not operate\nto make the authority an agency of the municipality making the grant.\nThe provisions of this section are intended as enabling legislation only\nand shall not be interpreted as implying that absent their enactment an\nauthority would lack the power to accept such grant or subsidy.\n  9. Notwithstanding any of the above provisions, no project may be\nundertaken by the authority unless such project is a part of or\nconsistent with the master plan.\n
N.Y. SOS Law § 365-J — New York Code / Act SOS / Article 5 / Title 11 / Section 365-J
Advisory opinions
Status: in_force

§ 365-j. Advisory opinions. 1. General. (a) Definition and nature of\nadvisory opinions. An advisory opinion is a written statement, issued\npursuant to the provisions of this chapter, by the commissioner of the\ndepartment of health or his or her specifically authorized designee or\ndesignees setting forth the applicability to a specified set of facts of\npertinent statutory and regulatory provisions relating to the provision\nof medical items or services pursuant to the medical assistance program\nadministered by the department of health as the single state agency\nresponsible for the administration of the program. Advisory opinions are\nissued at the request of any provider enrolled in the medical assistance\nprogram, and are binding upon the commissioner with respect to that\nprovider only.\n  (b) Areas in which advisory opinions may be requested. An advisory\nopinion may be sought with respect to a substantive question, or a\nprocedural matter. Advisory opinions may be requested with respect to\nquestions arising prior to an audit or investigation with respect to\nquestions relating to a provider's claim for payment or reimbursement.\nAdvisory opinions may also be utilized for purposes of service planning.\nThus, they may be requested with respect to a hypothetical or projected\nfuture set of facts.\n  (c) An advisory opinion will not be issued where the petition for an\nadvisory opinion relates to a pending question raised by the provider in\nan ongoing or initiated investigation conducted by the Medicaid\ninspector general, deputy attorney general for the Medicaid fraud unit,\nor any other criminal investigation or any civil or criminal proceeding,\nor where the provider has received any written notice of the\ncommissioner or the Medicaid inspector general which advises a provider\nof an imminent investigation, audit, pended or otherwise suspended\nclaim, or withhold of payment or reimbursement.\n  (d) Nothing in this section shall be construed as superseding any\nfederal rule, law, requirement or guidance.\n  (e) The commissioner shall promulgate rules and regulations\nestablishing the time period for issuance of such advisory opinion and\nthe criteria for determining the eligibility of a request for\ndepartmental response.\n  2. Effect of advisory opinions. (a) An advisory opinion represents an\nexpression of the views of the commissioner of health as to the\napplication of law, regulations and other precedential material to the\nset of facts specified in the petition for advisory opinion. An advisory\nopinion shall apply only with respect to the provider to whom the\nadvisory opinion is rendered.\n  (b) A previously issued advisory opinion found by the commissioner to\nbe in error may be modified or revoked, provided, however, that a\nsubsequent modification by such commissioner of such an advisory opinion\nshall operate prospectively. The department shall promptly notify the\nprovider of modification or revocation of an advisory opinion.\n  (c) All advisory opinions shall include the following notice: "This\nadvisory opinion is limited to the person or persons who requested the\nopinion and it pertains only to the facts and circumstances presented in\nthe petition."\n  (d) All advisory opinions shall cite the pertinent law and regulation\nupon which the advisory opinion is based.\n  (e) All advisory opinions and all modifications and revocations of a\npreviously issued advisory opinion shall be deemed a public record.\n
N.Y. PBA Law § 1263 — New York Code / Act PBA / Article 5 / Title 11 / Section 1263
Metropolitan transportation authority
Status: in_force

§ 1263. Metropolitan transportation authority. 1. * (a) (1) There is\nhereby created the "metropolitan transportation authority."  The\nauthority shall be a body corporate and politic constituting a public\nbenefit corporation. The authority shall consist of a chairperson,\nsixteen other voting members, and two non-voting and four alternate\nnon-voting members, as described in subparagraph two of this paragraph\nappointed by the governor by and with the advice and consent of the\nsenate. Any member appointed to a term commencing on or after June\nthirtieth, two thousand nine shall have experience in one or more of the\nfollowing areas: transportation, public administration, business\nmanagement, finance, accounting, law, engineering, land use, urban and\nregional planning, management of large capital projects, labor\nrelations, or have experience in some other area of activity central to\nthe mission of the authority. Four of the sixteen voting members other\nthan the chairperson shall be appointed on the written recommendation of\nthe mayor of the city of New York; and each of seven other voting\nmembers other than the chairperson shall be appointed after selection\nfrom a written list of three recommendations from the chief executive\nofficer of the county in which the particular member is required to\nreside pursuant to the provisions of this subdivision. Of the members\nappointed on recommendation of the chief executive officer of a county,\none such member shall be, at the time of appointment, a resident of the\ncounty of Nassau, one a resident of the county of Suffolk, one a\nresident of the county of Westchester, one a resident of the county of\nDutchess, one a resident of the county of Orange, one a resident of the\ncounty of Putnam and one a resident of the county of Rockland, provided\nthat the term of any member who is a resident of a county that has\nwithdrawn from the metropolitan commuter transportation district\npursuant to section twelve hundred seventy-nine-b of this title shall\nterminate upon the effective date of such county's withdrawal from such\ndistrict. Of the five voting members, other than the chairperson,\nappointed by the governor without recommendation from any other person,\nthree shall be, at the time of appointment, residents of the city of New\nYork and two shall be, at the time of appointment, residents of such\ncity or of any of the aforementioned counties in the metropolitan\ncommuter transportation district. Provided however, notwithstanding the\nforegoing residency requirement, one of the five voting members\nappointed by the governor without recommendation from any other person,\nother than the chairperson, may be the director of the New York state\ndivision of the budget, and provided further that, in the event of such\nappointment, the budget director's membership in the authority shall be\ndeemed ex-officio. Provided further, one of the twelve voting members,\nother than the chairperson, appointed by the governor without\nrecommendation by any other person, or on the recommendation of the\nmayor of the city of New York, or of the chief executive officer of the\ncounties of Westchester, Nassau, or Suffolk shall be a transit dependent\nindividual. A "transit dependent individual" shall mean an individual\nwho is limited to public transit as their primary mode of transportation\nbecause the individual has a permanent disability, provided that any\nlocal or statewide transit advocacy organization may recommend one or\nmore transit dependent individuals to be considered for appointment\npursuant to this section. The chairperson and each of the members shall\nbe appointed for a term of six years, provided however, that the\nchairperson first appointed shall serve for a term ending June\nthirtieth, nineteen hundred eighty-one, provided that thirty days after\nthe effective date of the chapter of the laws of two thousand nine which\namended this subparagraph, the term of the chairperson shall expire;\nprovided, further, that such chairperson may continue to discharge the\nduties of his or her office until the position of chairperson is filled\nby appointment by the governor upon the advice and consent of the senate\nand the term of such new chairperson shall terminate June thirtieth, two\nthousand fifteen. The sixteen other members first appointed shall serve\nfor the following terms: The members from the counties of Nassau and\nWestchester shall each serve for a term ending June thirtieth, nineteen\nhundred eighty-five; the members from the county of Suffolk and from the\ncounties of Dutchess, Orange, Putnam and Rockland shall each serve for a\nterm ending June thirtieth, nineteen hundred ninety-two; two of the\nmembers appointed on recommendation of the mayor of the city of New York\nshall each serve for a term ending June thirtieth, nineteen hundred\neighty-four and, two shall each serve for a term ending June thirtieth,\nnineteen hundred eighty-one; two of the members appointed by the\ngovernor without the recommendation of any other person shall each serve\nfor a term ending June thirtieth, nineteen hundred eighty-two, two shall\neach serve for a term ending June thirtieth, nineteen hundred eighty and\none shall serve for a term ending June thirtieth, nineteen hundred\neighty-five. The two non-voting and four alternate non-voting members\nshall serve until January first, two thousand one. The members from the\ncounties of Dutchess, Orange, Putnam and Rockland shall cast one\ncollective vote.\n  (2) There shall be two non-voting members and four alternate\nnon-voting members of the authority, as referred to in subparagraph one\nof this paragraph.\n  The first non-voting member shall be a regular mass transit user of\nthe facilities of the authority and be recommended to the governor by\nthe New York city transit authority advisory council. The first\nalternate non-voting member shall be a regular mass transit user of the\nfacilities of the authority and be recommended to the governor by the\nMetro-North commuter council. The second alternate non-voting member\nshall be a regular mass transit user of the facilities of the authority\nand be recommended to the governor by the Long Island Rail Road\ncommuter's council.\n  The second non-voting member shall be recommended to the governor by\nthe labor organization representing the majority of employees of the\nLong Island Rail Road. The third alternate non-voting member shall be\nrecommended to the governor by the labor organization representing the\nmajority of employees of the New York city transit authority. The fourth\nalternate non-voting member shall be recommended to the governor by the\nlabor organization representing the majority of employees of the\nMetro-North Commuter Railroad Company. Notwithstanding any other\nprovision of law, the alternate non-voting member recommended by the\nlabor organization representing the majority of employees of the\nMetro-North Commuter Railroad Company may be a resident of any state in\nwhich the Metro-North Commuter Railroad Company operates. The chairman\nof the authority, at his direction, may exclude such non-voting member\nor alternate non-voting member from attending any portion of a meeting\nof the authority or of any committee established pursuant to paragraph\n(b) of subdivision four of this section held for the purpose of\ndiscussing negotiations with labor organizations.\n  The non-voting member and the two alternate non-voting members\nrepresenting the New York York city transit authority advisory council,\nthe Metro-North commuter council, and the Long Island Rail Road\ncommuter's council shall serve eighteen month rotating terms, after\nwhich time an alternate non-voting member shall become the non-voting\nmember and the rotation shall continue until each alternate member has\nserved at least one eighteen month term as a non-voting member. The\nother non-voting member and alternate non-voting members representing\nthe New York city transit authority, Metro-North Commuter Railroad\nCompany, and the Long Island Rail Road labor organizations shall serve\neighteen month rotating terms, after which time an alternate non-voting\nmember shall become the non-voting member and the rotation shall\ncontinue until each alternate member has served at least one eighteen\nmonth term as a non-voting member. The transit authority and the\ncommuter railroads shall not be represented concurrently by the two\nnon-voting members during any such eighteen month period.\n  * NB Effective until June 30, 2028\n  * (a) There is hereby created the "metropolitan transportation\nauthority." The authority shall be a body corporate and politic\nconstituting a public benefit corporation. The authority shall consist\nof a chairman and sixteen other members appointed by the governor by and\nwith the advice and consent of the senate. Any member appointed to a\nterm commencing on or after June thirtieth, two thousand nine shall have\nexperience in one or more of the following areas of expertise:\ntransportation, public administration, business management, finance,\naccounting, law, engineering, land use, urban and regional planning,\nmanagement of large capital projects, labor relations, or have\nexperience in some other area of activity central to the mission of the\nauthority. Four of the sixteen members other than the chairman shall be\nappointed on the written recommendation of the mayor of the city of New\nYork; and each of seven other members other than the chairman shall be\nappointed after selection from a written list of three recommendations\nfrom the chief executive officer of the county in which the particular\nmember is required to reside pursuant to the provisions of this\nsubdivision. Of the members appointed on recommendation of the chief\nexecutive officer of a county, one such member shall be, at the time of\nappointment, a resident of the county of Nassau; one a resident of the\ncounty of Suffolk; one a resident of the county of Westchester; and one\na resident of the county of Dutchess, one a resident of the county of\nOrange, one a resident of the county of Putnam and one a resident of the\ncounty of Rockland, provided that the term of any member who is a\nresident of a county that has withdrawn from the metropolitan commuter\ntransportation district pursuant to section twelve hundred\nseventy-nine-b of this title shall terminate upon the effective date of\nsuch county's withdrawal from such district. Of the five members, other\nthan the chairman, appointed by the governor without recommendation from\nany other person, three shall be, at the time of appointment, residents\nof the city of New York and two shall be, at the time of appointment,\nresidents of such city or of any of the aforementioned counties in the\nmetropolitan commuter transportation district. Provided however,\nnotwithstanding the foregoing residency requirement, one of the five\nvoting members appointed by the governor without recommendation from any\nother person, other than the chairman, may be the director of the New\nYork state division of the budget, and provided further that, in the\nevent of such appointment, the budget director's membership in the\nauthority shall be deemed ex-officio. The chairman and each of the\nmembers shall be appointed for a term of six years, provided however,\nthat the chairman first appointed shall serve for a term ending June\nthirtieth, nineteen hundred eighty-one, provided that thirty days after\nthe effective date of the chapter of the laws of two thousand nine which\namended this paragraph, the term of the chairman shall expire; provided,\nfurther, that such chairman may continue to discharge the duties of his\noffice until the position of chairman is filled by appointment by the\ngovernor upon the advice and consent of the senate and the term of such\nnew chairman shall terminate June thirtieth, two thousand fifteen. The\nsixteen other members first appointed shall serve for the following\nterms: The members from the counties of Nassau and Westchester shall\neach serve for a term ending June thirtieth, nineteen hundred\neighty-five; the members from the county of Suffolk and from the\ncounties of Dutchess, Orange, Putnam and Rockland shall each serve for a\nterm ending June thirtieth, nineteen hundred ninety-two; two of the\nmembers appointed on recommendation of the mayor of the city of New York\nshall each serve for a term ending June thirtieth, nineteen hundred\neighty-four and, two shall each serve for a term ending June thirtieth,\nnineteen hundred eighty-one; two of the members appointed by the\ngovernor without the recommendation of any other person shall each serve\nfor a term ending June thirtieth, nineteen hundred eighty-two, two shall\neach serve for a term ending June thirtieth, nineteen hundred eighty and\none shall serve for a term ending June thirtieth, nineteen hundred\neighty-five. The members from the counties of Dutchess, Orange, Putnam\nand Rockland shall cast one collective vote.\n  * NB Effective June 30, 2028\n  (a-1) The mayor of the city of New York shall, no later than April\nfirst, nineteen hundred ninety-one, develop and submit to the governor,\nthe temporary president of the senate and the speaker of the assembly, a\nplan detailing how the four appointments to the metropolitan\ntransportation authority board made by the governor upon the written\nrecommendation of the mayor can be utilized to ensure that each county\nwithin the city of New York is represented on such board.\n  (b) Vacancies occurring otherwise than by expiration of term shall be\nfilled in the same manner as original appointments for the balance of\nthe unexpired term, provided, however, that in the event of a vacancy\ncaused by the death, resignation, removal, or disability of the\nchairman, the vacancy shall be filled by the governor by and with the\nadvice and consent of the senate for the unexpired term. Notwithstanding\nany other provision of law to the contrary, the governor shall designate\nan acting chairman for a period not to exceed six months or until a\nsuccessor chairman has been confirmed by the senate, whichever comes\nfirst. Upon the expiration of the six-month term, if the governor has\nnominated a successor chairman, but the senate has not acted upon the\nnomination, the acting chair can continue to serve as acting chair for\nan additional ninety days or until the governor's successor chair\nnomination is confirmed by the senate, whichever comes first.\n  (b-1) Notwithstanding any inconsistent provision of this section, in\nthe event that, upon a vacancy to be filled by the governor without\nrecommendation, other than the chairperson, there is no transit\ndependent member serving, the governor shall appoint a transit dependent\nindividual to fill the vacancy, consistent with paragraph (a) of this\nsubdivision. Provided further that in the event that there is no transit\ndependent member serving and there is no vacancy to be filled by the\ngovernor without recommendation other than the chairperson, then upon a\nvacancy in a seat filled by the governor upon the recommendation of the\nmayor of the city of New York, the mayor of the city of New York shall\nrecommend a transit dependent individual to fill the vacancy, consistent\nwith paragraph (a) of this subdivision.\n  (c) (i) Notwithstanding any inconsistent provision of this section,\nthe term of any member shall expire upon the expiration of the term in\noffice being served by the county elected official upon whose\nrecommendation they were appointed; provided, however, that in such\ncircumstance such member may serve as a holdover appointee for sixty\ndays, or until such time as a new member is appointed, whichever is\nless. The term of any member appointed to replace such a holdover\nappointee shall expire at the end of the term in office of the county\nelected official upon whose recommendation such member was appointed. If\na county elected official leaves office because of death, resignation,\nremoval or disability, however, a member appointed upon such official's\nrecommendation shall continue to serve until such time as such county\nelected office is filled, at which time such member will become a\nholdover appointee and may serve for sixty days, or until such time as a\nnew member is appointed, whichever is less.\n  (ii) Notwithstanding any inconsistent provision of this section, the\nterm of any chairman or any member shall expire upon the expiration of\nthe term in office being served by the city or state elected official\nupon whose recommendation they were appointed; provided, however, that\nin such circumstance the chairman or such member may serve as a holdover\nappointee until such time as a new chairman or member is appointed. The\nterm of any chairman or member appointed to replace such a holdover\nappointee shall expire at the end of the term in office of the city or\nstate elected official upon whose recommendation such chairman or member\nwas appointed.\n  2. The chairman and the first vice chairman shall be paid a salary in\nthe amount determined by the authority; the other members shall not\nreceive a salary or other compensation. Each member, including the\nchairman and the first vice chairman, shall be entitled to reimbursement\nfor actual and necessary expenses incurred in the performance of his or\nher official duties.\n  3. (a) A majority of the whole number of members of the authority then\nin office shall constitute a quorum for the transaction of any business\nor the exercise of any power of the authority. Except as otherwise\nspecified in this title, for the transaction of any business or the\nexercise of any power of the authority, the authority shall have power\nto act by a majority vote of the members present at any meeting at which\na quorum is in attendance and except further, that in the event of a tie\nvote the chairman shall cast one additional vote.\n  (b) For purposes of determining the presence of a quorum, and for\npurposes of participation on any committee or subcommittee, those\nmembers who collectively cast a single vote pursuant to the provisions\nof paragraph (a) of subdivision one of this section shall be considered\nto be a single member, and the presence of such member shall be\ndetermined as provided in this subdivision. Except as otherwise provided\nin a by-law adopted as hereinafter provided, such single member\nconstituting those members entitled to a collective vote shall be deemed\npresent as a single member for purposes of a quorum if one or more of\nthe members then in office entitled to cast such collective vote is\npresent, and such collective vote shall be cast in accordance with the\nmajority agreement of the members entitled to a collective vote who are\npresent or in the event a single member entitled to a collective vote is\npresent it shall be cast by that member. To evidence the existence of\nsuch majority agreement among the members entitled to a collective vote,\neach such member shall be polled as to his vote and such poll shall be\nrecorded in the minutes. In the event a majority vote is not achieved by\nthe members entitled to a collective vote who are present, then the vote\nshall not be cast. Nothing herein shall limit the right of an individual\nmember to participate in board meetings or in other activities of the\nauthority when the other members then in office entitled to collectively\ncast a vote are not present. At any meeting of the authority at which\nthere is a quorum including all the members then in office entitled to\ncast a collective vote, the authority may adopt a by-law or by-laws\nregulating the casting of such collective vote, provided all members\nthen in office entitled to cast a collective vote affirmatively approve\nsuch by-law or by-laws. Any action taken by the authority in accordance\nwith any such by-law or by-laws adopted pursuant to the provisions of\nthis paragraph shall take effect in the same manner as any other action\nof the authority. Any such by-law or by-laws shall not provide for the\ncasting of any fractional vote. Nor shall such a by-law or by-laws\nprovide for the amendment, repeal or adoption in the future of such a\nby-law or by-laws in a manner other than that set forth in this\nparagraph.\n  (c) No provision of paragraph (b) of this subdivision relating to the\nadoption of certain by-laws by the authority shall affect the manner in\nwhich by-laws of the authority are adopted concerning any subject other\nthan the voting and presence for quorum purposes of the members from the\ncounties of Dutchess, Putnam, Orange and Rockland.\n  (d) Notwithstanding the provisions of paragraph (a) of subdivision one\nof this section, any member appointed from the county of Dutchess,\nOrange, Putnam or Rockland prior to the increase in the number of\nmembers of the authority to include a member from each such county shall\ncontinue in office as the member from such counties pursuant to section\nfive of the public officers law until the appointment and confirmation\nof all of the new members from such counties pursuant to the provisions\nof this section, and no individual member exercising a collective vote\nappointed and confirmed pursuant to paragraph (a) of subdivision one of\nthis section shall take office until all such new members are appointed\nand confirmed.\n  4. (a) Notwithstanding any provision of law to the contrary, the\nchairman shall be the chief executive officer of the authority and shall\nbe responsible for the discharge of the executive and administrative\nfunctions and powers of the authority. The chairman may appoint an\nexecutive director and such other officials and employees as shall in\nhis or her judgment be needed to discharge the executive and\nadministrative functions and powers of the authority.\n  * (b) The chairman shall establish committees to assist him in the\nperformance of his duties and shall appoint members of the authority to\nsuch committees. Among such committees, there shall be a committee on\noperations of the New York city transit authority, the Manhattan and\nBronx surface transit operating authority and the Staten Island rapid\ntransit operating authority; a committee on operations of the Long\nIsland Rail Road and the metropolitan suburban bus authority; a\ncommittee on operations of the Metro-North commuter railroad; a\ncommittee on operations of the Triborough bridge and tunnel authority; a\ncommittee on finance; a committee on capital program oversight; and a\ncommittee on safety. In addition to such appointed members, each of the\nnon-voting members referred to in subparagraph two of paragraph (a) of\nsubdivision one of this section shall serve on the committee on capital\nprogram oversight, the committee on finance, the committee on safety,\nthe committee on operations of the Triborough bridge and tunnel\nauthority, and the operations committee relevant to the commuter council\nthat recommended such member. The alternate non-voting members shall\neach serve on the respective operations committee relevant to the\ncommuter council that recommended each member. The committee on capital\nprogram oversight and the committee on safety shall include not less\nthan three members, and shall include the chairpersons of the committee\non operations of the New York city transit authority, the Manhattan and\nBronx surface transit operating authority and the Staten Island rapid\ntransit operating authority, the committee on operations of the Long\nIsland Rail Road and the metropolitan suburban bus authority, and the\ncommittee on operations of the Metro-North commuter railroad. The\ncommittee on safety shall convene at least once annually and each\ncommittee chairperson, that is a member of the committee on safety,\nshall report to the committee on safety any and all initiatives,\nconcerns, improvements, or failures involving the safety of: (1)\ncustomers; (2) employees; and (3) the public at large, in relation to\nauthority facilities and services. The capital program committee shall,\nwith respect to any approved or proposed capital program plans, (i)\nmonitor the current and future availability of funds to be utilized for\nsuch plans approved or proposed to be submitted to the metropolitan\ntransportation capital program review board as provided in section\ntwelve hundred sixty-nine-b of this title; (ii) monitor the contract\nawards of the metropolitan transportation authority and the New York\ncity transit authority to insure that such awards are consistent with\n(A) provisions of law authorizing United States content and New York\nstate content; (B) collective bargaining agreements; (C) provisions of\nlaw providing for participation by minority and women-owned businesses;\n(D) New York state labor laws; (E) competitive bidding requirements\nincluding those regarding sole source contracts; and (F) any other\nrelevant requirements established by law; (iii) monitor the award of\ncontracts to determine if such awards are consistent with the manner in\nwhich the work was traditionally performed in the past provided,\nhowever, that any such determination shall not be admissible as evidence\nin any arbitration or judicial proceeding; (iv) review the relationship\nbetween capital expenditures pursuant to each such capital program plan\nand current and future operating budget requirements; (v) monitor the\nprogress of capital elements described in each capital program plan\napproved as provided in section twelve hundred sixty-nine-b of this\ntitle; (vi) monitor the expenditures incurred and to be incurred for\neach such element; and (vii) identify capital elements not progressing\non schedule, ascertain responsibility therefor and recommend those\nactions required or appropriate to accelerate their implementation. The\ncapital program committee shall issue a quarterly report on its\nactivities and findings, and shall in connection with the preparation of\nsuch quarterly report, consult with the state division of the budget,\nthe state department of transportation, the members of the metropolitan\ntransportation authority capital program review board and any other\ngroup the committee deems relevant, including public employee\norganizations, and, at least annually, with a nationally recognized\nindependent transit engineering firm. Such report shall be made\navailable to the members of the authority, to the members of the\nmetropolitan transportation authority capital program review board, and\nthe directors of the municipal assistance corporation for the city of\nNew York.\n  * NB Effective until June 30, 2028\n  * (b) The chairman shall establish committees to assist him in the\nperformance of his duties and shall appoint members of the authority to\nsuch committees. Among such committees, there shall be a committee on\noperations of the New York city transit authority, the Manhattan and\nBronx surface transit operating authority and the Staten Island rapid\ntransit operating authority; a committee on operations of the Long\nIsland Rail Road and the metropolitan suburban bus authority; a\ncommittee on operations of the Metro-North commuter railroad; a\ncommittee on operations of the Triborough bridge and tunnel authority; a\ncommittee on finance; a committee on capital program oversight; and a\ncommittee on safety. The committee on capital program oversight shall\ninclude not less than four members, and shall include the chairpersons\nof the committee on operations of the New York city transit authority,\nthe Manhattan and Bronx surface transit operating authority and the\nStaten Island rapid transit operating authority, the committee on\noperations of the Long Island Rail Road and the metropolitan suburban\nbus authority, the committee on operations of the Metro-North commuter\nrailroad, and the committee on safety. The committee on safety shall\nconvene at least once annually and each committee chairperson, that is a\nmember of the committee on safety, shall report to the committee on\nsafety any and all initiatives, concerns, improvements, or failures\ninvolving the safety of: (1) customers; (2) employees; and (3) the\npublic at large, in relation to authority facilities and services. The\ncapital program committee shall, with respect to any approved or\nproposed capital program plans, (i) monitor the current and future\navailability of funds to be utilized for such plans approved or proposed\nto be submitted to the metropolitan transportation capital program\nreview board as provided in section twelve hundred sixty-nine-b of this\ntitle; (ii) monitor the contract awards of the metropolitan\ntransportation authority and the New York city transit authority to\ninsure that such awards are consistent with (A) provisions of law\nauthorizing United States content and New York state content; (B)\ncollective bargaining agreements; (C) provisions of law providing for\nparticipation by minority and women-owned businesses; (D) New York state\nlabor laws; (E) competitive bidding requirements including those\nregarding sole source contracts; and (F) any other relevant requirements\nestablished by law; (iii) monitor the award of contracts to determine if\nsuch awards are consistent with the manner in which the work was\ntraditionally performed in the past provided, however, that any such\ndetermination shall not be admissible as evidence in any arbitration or\njudicial proceeding; (iv) review the relationship between capital\nexpenditures pursuant to each such capital program plan and current and\nfuture operating budget requirements; (v) monitor the progress of\ncapital elements described in each capital program plan approved as\nprovided in section twelve hundred sixty-nine-b of this title; (vi)\nmonitor the expenditures incurred and to be incurred for each such\nelement; and (vii) identify capital elements not progressing on\nschedule, ascertain responsibility therefor and recommend those actions\nrequired or appropriate to accelerate their implementation. The capital\nprogram committee shall issue a quarterly report on its activities and\nfindings, and shall in connection with the preparation of such quarterly\nreport, consult with the state division of the budget, the state\ndepartment of transportation, the members of the metropolitan\ntransportation authority capital program review board and any other\ngroup the committee deems relevant, including public employee\norganizations, and, at least annually, with a nationally recognized\nindependent transit engineering firm. Such report shall be made\navailable to the members of the authority, to the members of the\nmetropolitan transportation authority capital program review board, and\nthe directors of the municipal assistance corporation for the city of\nNew York.\n  * NB Effective June 30, 2028\n  (c) The chairman shall ensure that at every meeting of the board and\nat every meeting of each committee the public shall be allotted a period\nof time, not less than thirty minutes, to speak on any topic on the\nagenda.\n  (d) Notwithstanding paragraph (c) of subdivision one of section\ntwenty-eight hundred twenty-four of this chapter or any other provision\nof law to the contrary, the chairman shall not participate in\nestablishing authority policies regarding the payment of salary,\ncompensation and reimbursement to, nor establish rules for the time and\nattendance of, the chief executive officer. The salary of the chairman,\nas determined pursuant to subdivision two of this section, shall also be\ncompensation for all services performed as chief executive officer.\n  5. The authority shall be a "state agency" for the purposes of\nsections seventy-three and seventy-four of the public officers law.\n  6. Notwithstanding any inconsistent provisions of this or any other\nlaw, general, special or local, no officer or employee of the state, or\nof any public corporation as defined in the general corporation law,\nshall be deemed to have forfeited or shall forfeit his office or\nemployment or any benefits provided under the retirement and social\nsecurity law or under any public retirement system maintained by the\nstate or any of its subdivisions by reason of his acceptance of\nmembership on or chairmanship of the authority; provided, however, a\nmember or chairman who holds such other public office or employment\nshall receive no additional compensation for services rendered pursuant\nto this title, but shall be entitled to reimbursement for his actual and\nnecessary expenses incurred in the performance of such services.\n  7. The governor may remove any member for inefficiency, neglect of\nduty, breach of fiduciary duty or misconduct in office after giving the\nmember a copy of the charges against the member and an opportunity to be\nheard, in person or by counsel in the member's defense, upon not less\nthan ten days' notice. If any member shall be so removed, the governor\nshall file in the office of the department of state a complete statement\nof charges made against such member, and his findings thereon, together\nwith a complete record of the proceedings.\n  8. The authority shall continue so long as it shall have bonds or\nother obligations outstanding and until its existence shall be\nterminated by law. Upon the termination of the existence of the\nauthority, all its rights and properties shall pass to and be vested in\nthe state.\n  9. Whenever the authority causes notices of hearings on proposed\nchanges in services or fares to be posted pursuant to this section or\nany statute, regulation, or authority policy, or where it voluntarily\nposts such notices, such notices shall: (a) be written in a clear and\ncoherent manner using words with common and every day meaning; (b) be\ncaptioned in large point type bold lettering with a title that fairly\nand accurately conveys the basic nature of such change or changes; (c)\nwhere such change involves a proposed change in levels of fare, include\nin its title the range of amounts of fare changes under consideration;\n(d) contain, to the extent practicable, a concise description of the\nspecific nature of the change or changes, including but not limited to a\nconcise description of those changes that affect the largest number of\npassengers; (e) where such change involves a change in the nature of a\nroute, contain, to the extent practicable, a clear graphic illustration\nof such change or changes; and (f) where such change involves a partial\nor complete station closing, such notice shall be posted at the affected\nstation with a clear graphic illustration depicting the nature of any\nclosing for such station.\n
N.Y. GOB Law § 5-1107 — New York Code / Act GOB / Article 5 / Title 11 / Section 5-1107
Written assignment
Status: in_force

§ 5-1107. Written assignment. An assignment shall not be denied the\neffect of irrevocably transferring the assignor's rights because of the\nabsence of consideration, if such assignment is in writing and signed by\nthe assignor, or by his agent.\n
N.Y. PBA Law § 1957 — New York Code / Act PBA / Article 8 / Title 11 / Section 1957
Moneys of the authority
Status: in_force

§ 1957. Moneys of the authority. All moneys of the authority, from\nwhatever source derived, shall be paid to the authority's appointed\nchief financial officer of the city as agent of the authority, who shall\nnot commingle such moneys with any other moneys. Such moneys shall be\ndeposited in a separate bank account or accounts. The moneys in such\naccounts shall be paid out by the authority's appointed chief financial\nofficer on requisition of the chair of the authority or of such person\nas the authority may authorize to make such requisitions. All deposits\nof such moneys shall, if required by the authority, be secured by\nobligations of a market value equal at all times to the amount of the\ndeposit, and all banks and trust companies are authorized to give such\nsecurity for such deposits. The comptroller of the city and his or her\nlegally authorized representatives are authorized and empowered from\ntime to time to examine the accounts and books of the authority,\nincluding its receipts, disbursements, contracts, leases, sinking funds,\ninvestments and any other records and papers relating to its financial\nstanding. The authority shall have power, notwithstanding the provisions\nof this section, to contract with the holders of any of its bonds as to\nthe custody, collection, securing, investment and payment of any moneys\nof the authority or any moneys held in trust or otherwise for the\npayment of bonds or in any way to secure bonds, and to carry out any\nsuch contract notwithstanding that such contract may be inconsistent\nwith the previous provisions of this section. Moneys held in trust or\notherwise for the payment of bonds or in any way to secure bonds and\ndeposits of such moneys may be secured in the same manner as moneys of\nthe authority, and all banks and trust companies are authorized to give\nsuch security for such deposits. The accounts of the authority shall be\nsubject to the supervision of the state comptroller and he or she or his\nor her legally authorized representatives are hereby authorized and\nempowered from time to time to examine the accounts and books of the\nauthority, including its receipts, disbursements, contracts, sinking\nfunds, investments and any other matter relating to its financial\nstanding and fiscal affairs. The authority shall render a complete\nannual account of its proceedings to the city council at its first\nmeeting in April of each and every year.\n
N.Y. PBA Law § 1952-A — New York Code / Act PBA / Article 8 / Title 11 / Section 1952-A
Video recordings of open meetings and public hearings
Status: in_force

§ 1952-a. Video recordings of open meetings and public hearings. The\nauthority shall, to the extent practicable, stream all open meetings and\npublic hearings on its website in real-time. The authority shall post\nvideo recordings of all open meetings and public hearings on its website\nwithin five business days of the meeting or hearing and shall maintain\nsuch recordings for a period of not less than five years.\n
N.Y. PBA Law § 1299-QQ — New York Code / Act PBA / Article 5 / Title 11-B / Section 1299-QQ
Exemption from taxation
Status: in_force

§ 1299-qq. Exemption from taxation. It is hereby found, determined and\ndeclared that the creation of the authority and the carrying out of its\npurposes is in all respects for the benefit of the people of the state\nof New York and for the improvement of their health, welfare and\nprosperity and is a public purpose, and that the authority will be\nperforming an essential governmental function in the exercise of the\npowers conferred upon it by this title. Without limiting the generality\nof the following provisions of this section, property owned by the\nauthority and used for transportation purposes, property leased by the\nauthority and used for transportation purposes, and property used for\ntransportation purposes by or for the benefit of the authority\nexclusively pursuant to the provisions of a joint service arrangement or\nof a joint facilities agreement or trackage rights agreement shall all\nbe exempt from taxation and special ad valorem levies. The authority\nshall be required to pay no fees, taxes or assessments, whether state or\nlocal, except special benefit assessments if said property is located in\na special benefit district, including but not limited to fees, taxes or\nassessments on real estate, franchise taxes, sales taxes or other excise\ntaxes, upon any of its property, or upon the uses thereof, or upon its\nactivities in the operation and maintenance of its facilities or on any\nfares, tolls, rentals, rates, charges or other fees, revenues or other\nincome received by the authority and all bonds, notes and obligations of\nthe authority and the income therefrom shall at all times be exempt from\ntaxation, except for gift and estate taxes and taxes on transfers. This\nsection shall constitute a covenant and agreement with the holders of\nall bonds, notes and obligations issued by the authority. The terms\n"taxation" and "special ad valorem levy" shall have the same meanings as\ndefined in section one hundred two of the real property tax law and the\nterm "transportation purposes" shall have the same meaning as used in\ntitles two-a and two-b of article four of such law.\n
N.Y. SOS Law § 365-N — New York Code / Act SOS / Article 5 / Title 11 / Section 365-N
Department of health assumption of program administration
Status: in_force

§ 365-n. Department of health assumption of program administration. 1.\nNotwithstanding the provisions of title two of article three of this\nchapter or of section three hundred sixty-five of this title or of any\nother law to the contrary, the commissioner of health (commissioner) is\nauthorized to take actions explicitly authorized by this section that\nare necessary to transfer responsibility for the administration of the\nmedical assistance program from local social services districts to the\ndepartment of health (department) by March thirty-first, two thousand\neighteen.\n  2. For purposes of this section, the administration of the medical\nassistance program includes: processing applications for benefits and\nservices available under this title and title eleven-D of this article;\nmaking determinations of initial and ongoing eligibility for such\nbenefits and services; making coverage determinations with respect to\nbenefits and services requiring prior authorization; notifying\napplicants and recipients of these determinations and of their rights\nand responsibilities, authorizing benefits and services for persons\nfound eligible; exercising subrogation rights with respect to amounts\nreceived from insurance carriers or other liable third parties; imposing\nliens and pursuing recoveries; and any other such tasks and functions\nidentified by the commissioner.\n  3. Notwithstanding sections sixty-one, sixty-three, seventy,\nseventy-eight, seventy-nine, eighty-one and eighty-one-a of the civil\nservice law or any provisions to the contrary contained in any general,\nspecial, or local laws, all lawful appointees of a county performing the\nfunctions established in subdivision two of this section as of the\neffective date of this section or any such appointees who meet the open\ncompetitive qualifications for positions established to perform these\nfunctions will be eligible for voluntary transfer to appropriate\npositions, in the department, that are classified to perform such\nfunctions without further examination, qualification, or probationary\nperiod; and, upon such transfer, will have all the rights and privileges\nof the jurisdictional classification to which such positions are\nallocated in the classified service of the state.\n  4. Within one hundred twenty days of the effective date of this\nsection, the department shall develop and implement a local department\nof social services statement of interest. The statement of interest will\nelicit from local departments of social services their interest in and\ncapacity to contract with the department to perform the functions\nestablished in subdivision two of this section. To the extent\npracticable and in the best interest of the medical assistance program,\nthe department shall contract with local social services districts to\nperform all or a portion of the functions described in subdivision two\nof this section.  In no event, however, shall the department, by means\nof such a contract, delegate its authority to exercise administrative\ndiscretion in the administration or supervision of the state plan for\nmedical assistance submitted pursuant to section three hundred\nsixty-three-a of this title, or to issue policies, rules, and\nregulations on program matters nor may any contracted entity be given\nthe authority to change or disapprove any administrative decision of the\ndepartment, or otherwise substitute such entity's judgment for that of\nthe department with respect to the application of policies, rules, and\nregulations issued by the department. Notwithstanding any inconsistent\nprovision of sections one hundred twelve and one hundred sixty-three of\nthe state finance law, or sections one hundred forty-two and one hundred\nforty-three of the economic development law, or any other contrary\nprovision of law, the commissioner is authorized to enter into a\ncontract with local departments of social services without a competitive\nbid or request for proposal process.\n  5-a. (a) The commissioner may take necessary action to review the\naccuracy of determinations of initial and ongoing eligibility under the\nmedical assistance program, and to identify and eliminate inappropriate\ninstances of concurrent or duplicate benefits and authorizations. The\ncommissioner is authorized to contract with one or more entities to\nassist the state in implementing the provisions of this subdivision.\n  (b) Notwithstanding the provisions of sections one hundred twelve and\none hundred sixty-three of the state finance law, or section one hundred\nforty-two of the economic development law, or any contrary provision of\nlaw, the commissioner is authorized to enter into a contract or\ncontracts under paragraph (a) of this subdivision without a competitive\nbid or request for proposal process, provided, however, that:\n  (i) The department of health shall post on its website, for a period\nof no less than thirty days:\n  (1) A description of the proposed services to be provided pursuant to\nthe contract or contracts;\n  (2) The criteria for selection of a contractor or contractors;\n  (3) The period of time during which a prospective contractor may seek\nselection, which shall be no less than thirty days after such\ninformation is first posted on the website; and\n  (4) The manner by which a prospective contractor may seek such\nselection, which may include submission by electronic means;\n  (ii) All reasonable and responsive submissions that are received from\nprospective contractors in timely fashion shall be reviewed by the\ncommissioner; and\n  (iii) The commissioner shall select such contractor or contractors\nthat, in his or her discretion, are best suited to serve the purposes of\nthis section; and\n  (iv) No contract entered pursuant to this paragraph shall have a term\nthat ends later than March thirty-first, two thousand seventeen.\n  6. The commissioner shall submit an annual report to the governor,\ntemporary president of the senate, speaker of the assembly, the chair of\nthe senate health committee and the chair of the assembly health\ncommittee by December thirty-first, beginning in two thousand twelve and\nfor each year thereafter until the year following full implementation.\nThe initial report shall consist of modifications to the plan developed\npursuant to section forty-seven-b of part B of chapter fifty-eight of\nthe laws of two thousand ten, and shall include anticipated\nimplementation of the revised plan, its elements, a timeline for such\nimplementation, recommendations for legislative action, and such other\nmatters as may be pertinent.\n  The report shall include a plan and timeline for the state to:\n  (i) assume specific functions related to the administration of the\nmedical assistance program; (ii) coordinate the implementation of\nprovisions of federal law with the assumption of the administration of\nthe medical assistance program; and (iii) address the financing of the\nmedical assistance program administration and any associated\nadministrative cost relief to local social services districts. The\nreport shall also indicate any function that the state intends to enter\ninto a contract with a public and/or private entity to perform, and the\ndate in which the state anticipates entering into any such contract. In\naddition, reports shall, at a minimum, indicate: (i) any progress the\ndepartment has made regarding its proposed timeline, including a summary\nof all functions assumed by the state during the previous year; (ii) any\nanticipated and/or actual delay from the proposed timeline; (iii) the\nreason for any such delay; and (iv) actions the department has\nundertaken to mitigate any such delay.\n  7. The commissioner shall promulgate such regulations that are\nnecessary to carry out the provisions of this section. In addition, the\ncommissioner shall make any amendments to the state plan for medical\nassistance, or develop and submit an application for any waiver or\napproval under the federal social security act, that are necessary and\nrequired to carry out the provisions of this section.\n
N.Y. ENV Law § 27-1101 — New York Code / Act ENV / Article 27 / Title 11 / Section 27-1101
Definitions
Status: in_force

§ 27-1101. Definitions.\n  As used in this title, unless the context otherwise requires:\n  1. "Person" means any individual, public or private corporation,\npolitical subdivision, government agency, industry, partnership,\nassociation, firm, trust, estate or any other legal entity whatsoever.\n  2. "Corporation" means the New York state environmental facilities\ncorporation.\n  3. "Board" means a facility siting board constituted pursuant to the\nprovisions of section 27-1105 of this title.\n  4. "Industrial hazardous waste" shall mean an industrial waste or\ncombination of wastes, which because of its quantity, concentration, or\nphysical, chemical or infectious characteristics may:\n  a. Cause, or significantly contribute to an increase in serious\nirreversible, or incapacitating reversible illness; and/or\n  b. Pose a substantial present or potential hazard to human health or\nthe environment and, therefore, must be segregated and excluded from the\ngeneral municipal waste system and sewage collection and treatment\nprocess.\n  5. "Industrial hazardous waste treatment, storage and disposal\nfacility" shall mean a specialized facility or site other than a\nlow-level radioactive waste management facility subject to the\nprovisions of article twenty-nine of this chapter, or a sewage treatment\nfacility for the purpose of treating, storing, compacting, recycling,\nexchanging, or disposing of industrial hazardous waste materials,\nincluding treatment, compacting, resource recovery or disposal plants,\nequipment and furnishings thereof used for the storage, treatment,\ncompacting, composting, shredding, coverting, utilization, processing,\nor final disposal of hazardous waste, including but not limited to\nmechanical, chemical or thermal processing systems, incinerators,\nsanitary landfills, other facilities for the storage, reduction or\nconversion of hazardous waste, including but not limited to transfer\nstations, baling facilities, railroad and maritime facilities, motor\ntrucks or vehicles and appurtenances, furnishings, equipment and\nmachinery deemed necessary thereto.\n  6. "Municipality" means any town, city, county or village.\n  7. "Treatment" means any method, technique, or process including\nneutralization, designed to change the physical, chemical or biological\ncharacter or composition of any hazardous waste so as to neutralize such\nwaste or as to render such waste nonhazardous, safer for transport,\namenable for recovery, amenable for storage, or reduced in volume.\n  8. "Storage" means the containment of hazardous waste, either on a\ntemporary basis or for a period of years, in such a manner as not to\nconstitute disposal of such hazardous waste.\n  9. "Disposal" means the abandonment, discharge, deposit, injection,\ndumping, spilling, leaking or placing of any substance so that such\nsubstance or any related constituent thereof may enter the environment.\nDisposal also means the thermal destruction of waste or hazardous waste\nand the burning of such wastes as fuel for the purpose of recovering\nuseable energy.\n  10. "Environment" means any water, water vapor, any land including\nland surface or subsurface, air, fish, wildlife, biota and all other\nnatural resources.\n  11. "Preferred hazardous waste management practices hierarchy" shall\nmean that policy established in section 27-0105 of this article.\n
N.Y. SOS Law § 365-L — New York Code / Act SOS / Article 5 / Title 11 / Section 365-L
Health homes
Status: in_force

§ 365-l. Health homes. 1. Notwithstanding any law, rule or regulation\nto the contrary, the commissioner of health is authorized, in\nconsultation with the commissioners of the office of mental health,\noffice of alcoholism and substance abuse services, and office for people\nwith developmental disabilities, to (a) establish, in accordance with\napplicable federal law and regulations, standards for the provision of\nhealth home services to Medicaid enrollees with chronic conditions, (b)\nestablish payment methodologies for health home services based on\nfactors including but not limited to the complexity of the conditions\nproviders will be managing, the anticipated amount of patient contact\nneeded to manage such conditions, and the health care cost savings\nrealized by provision of health home services, (c) establish the\ncriteria under which a Medicaid enrollee will be designated as being an\neligible individual with chronic conditions for purposes of this\nprogram, (d) assign any Medicaid enrollee designated as an eligible\nindividual with chronic conditions to a provider of health home\nservices.\n  2. In addition to payments made for health home services pursuant to\nsubdivision one of this section, the commissioner is authorized to pay\nadditional amounts to providers of health home services that meet\nprocess or outcome standards specified by the commissioner. Such\nadditional amounts may be paid with state funds only if federal\nfinancial participation for such payments is unavailable.\n  2-a. Up to fifteen million dollars in state funding may be used to\nfund health home infrastructure development. Such funds shall be used to\ndevelop enhanced systems to support Health Home operations including\nassignments, workflow, and transmission of data. Funding will also be\ndisbursed pursuant to a formula established by the commissioner to be\ndesignated health homes. Such formula may consider prior access to\nsimilar funding opportunities, geographic and demographic factors,\nincluding the population served, and prevalence of qualifying\nconditions, connectivity to providers, and other criteria as established\nby the commissioner.\n  2-b. The commissioner is authorized to make lump sum payments or\nadjust rates of payment to providers up to a gross amount of five\nmillion dollars, to establish coordination between the health homes and\nthe criminal justice system and for the integration of information of\nhealth homes with state and local correctional facilities, to the extent\npermitted by law. Such rate adjustments may be made to health homes\nparticipating in a criminal justice pilot program with the purpose of\nenrolling incarcerated individuals with serious mental illness, two or\nmore chronic conditions, including substance abuse disorders, or\nHIV/AIDS, into such health home. Health homes receiving funds under this\nsubdivision shall be required to document and demonstrate the effective\nuse of funds distributed herein.\n  2-c. The commissioner is authorized to make grants up to a gross\namount of one million dollars for certified application counselors and\nassistors to facilitate the enrollment of persons in high risk\npopulations, including but not limited to persons with mental health\nand/or substance abuse conditions that have been recently discharged or\nare pending release from state and local correctional facilities. Funds\nallocated for certified application counselors and assistors shall be\nexpended through a request for proposal process.\n  2-d. The commissioner shall establish reasonable targets for health\nhome participation by enrollees of special needs managed care plans\ndesignated pursuant to subdivision four of section three hundred\nsixty-five-m of this title and by high-risk enrollees of other Medicaid\nmanaged care plans operating pursuant to section three hundred\nsixty-four-j of this title, and shall encourage both the managed care\nproviders and the health homes to work collaboratively with each other\nto achieve such targets. The commissioner may assess penalties under\nthis subdivision in instances of failure to meet the participation\ntargets established pursuant to this subdivision, where the department\nhas determined that such failure reflected the absence of a good faith\nand reasonable effort to achieve the participation targets, except that\nmanaged care providers shall not be penalized for the failure of a\nhealth home to work collaboratively toward meeting the participation\ntargets and a health home shall not be penalized for the failure of a\nmanaged care provider to work collaboratively toward meeting the\nparticipation targets.\n  3. Until such time as the commissioner obtains necessary waivers\nand/or approvals of the federal social security act, Medicaid enrollees\nassigned to providers of health home services will be allowed to opt out\nof such services. In addition, upon enrollment, an enrollee shall be\noffered an option of at least two providers of health home services, to\nthe extent practicable.\n  4. Payments authorized pursuant to this section will be made with\nstate funds only, to the extent that such funds are appropriated\ntherefore, until such time as federal financial participation in the\ncosts of such services is available.\n  5. The commissioner is authorized to submit amendments to the state\nplan for medical assistance and/or submit one or more applications for\nwaivers of the federal social security act, to obtain federal financial\nparticipation in the costs of health home services provided pursuant to\nthis section, and as provided in subdivision three of this section.\n  6. Notwithstanding any limitations imposed by section three hundred\nsixty-four-l of this title on entities participating in demonstration\nprojects established pursuant to such section, the commissioner is\nauthorized to allow such entities which meet the requirements of this\nsection to provide health home services.\n  7. Notwithstanding any law, rule, or regulation to the contrary, the\ncommissioners of the department of health, the office of mental health,\nthe office for people with developmental disabilities, and the office of\nalcoholism and substance abuse services are authorized to jointly\nestablish a single set of operating and reporting requirements and a\nsingle set of construction and survey requirements for entities that:\n  (a) can demonstrate experience in the delivery of health, and mental\nhealth and/or alcohol and substance abuse services and/or services to\npersons with developmental disabilities, and the capacity to offer\nintegrated delivery of such services in each location approved by the\ncommissioner; and\n  (b) meet the standards established pursuant to subdivision one of this\nsection for providing and receiving payment for health home services;\nprovided, however, that an entity meeting the standards established\npursuant to subdivision one of this section shall not be required to be\nan integrated service provider pursuant to this subdivision.\n  In establishing a single set of operating and reporting requirements\nand a single set of construction and survey requirements for entities\ndescribed in this subdivision, the commissioners of the department of\nhealth, the office of mental health, the office for people with\ndevelopmental disabilities, and the office of alcoholism and substance\nabuse services are authorized to waive any regulatory requirements as\nare necessary to avoid duplication of requirements and to allow the\nintegrated delivery of services in a rational and efficient manner.\n  8. (a) The commissioner of health is authorized to contract with one\nor more entities to assist the state in implementing the provisions of\nthis section. Such entity or entities shall be the same entity or\nentities chosen to assist in the implementation of the multipayor\npatient centered medical home program pursuant to section twenty-nine\nhundred fifty-nine-a of the public health law. Responsibilities of the\ncontractor shall include but not be limited to: developing\nrecommendations with respect to program policy, reimbursement, system\nrequirements, reporting requirements, evaluation protocols, and provider\nand patient enrollment; providing technical assistance to potential\nmedical home and health home providers; data collection; data sharing;\nprogram evaluation, and preparation of reports.\n  (b) Notwithstanding any inconsistent provision of sections one hundred\ntwelve and one hundred sixty-three of the state finance law, or section\none hundred forty-two of the economic development law, or any other law,\nthe commissioner of health is authorized to enter into a contract or\ncontracts under paragraph (a) of this subdivision without a competitive\nbid or request for proposal process, provided, however, that:\n  (i) The department of health shall post on its website, for a period\nof no less than thirty days:\n  (1) A description of the proposed services to be provided pursuant to\nthe contract or contracts;\n  (2) The criteria for selection of a contractor or contractors;\n  (3) The period of time during which a prospective contractor may seek\nselection, which shall be no less than thirty days after such\ninformation is first posted on the website; and\n  (4) The manner by which a prospective contractor may seek such\nselection, which may include submission by electronic means;\n  (ii) All reasonable and responsive submissions that are received from\nprospective contractors in timely fashion shall be reviewed by the\ncommissioner of health; and\n  (iii) The commissioner of health shall select such contractor or\ncontractors that, in his or her discretion, are best suited to serve the\npurposes of this section.\n  9. The contract entered into by the commissioner of health prior to\nJanuary first, two thousand thirteen pursuant to subdivision eight of\nthis section may be amended or modified without the need for a\ncompetitive bid or request for proposal process, and without regard to\nthe provisions of sections one hundred twelve and one hundred\nsixty-three of the state finance law, section one hundred forty-two of\nthe economic development law, or any other provision of law, excepting\nthe responsible vendor requirements of the state finance law, including,\nbut not limited to, sections one hundred sixty-three and one hundred\nthirty-nine-k of the state finance law, to allow the purchase of\nadditional personnel and services, subject to available funding, for the\nlimited purpose of assisting the department of health with implementing\nthe Balancing Incentive Program, the Fully Integrated Duals Advantage\nProgram, the Vital Access Provider Program, the Medicaid waiver\namendment associated with the public hospital transformation, the\naddition of behavioral health services as a managed care plan benefit,\nthe delivery system reform incentive payment plan, activities to\nfacilitate the transition of vulnerable populations to managed care\nand/or any workgroups required to be established by the chapter of the\nlaws of two thousand thirteen that added this subdivision. The\ndepartment is authorized to extend such contract for a period of one\nyear, without a competitive bid or request for proposal process, upon\ndetermination that the existing contractor is qualified to continue to\nprovide such services; provided, however, that the department of health\nshall submit a request for applications for such contract during the\ntime period specified in this subdivision and may terminate the contract\nidentified herein prior to expiration of the extension authorized by\nthis subdivision.\n
N.Y. VAT Law § 2257-B — New York Code / Act VAT / Title 11 / Article 48 / Section 2257-B
Yacht brokers
Status: in_force

§ 2257-b. Yacht brokers. 1. A yacht broker is any person who, for a\nfee or commission, acts as an agent for either the buyer or seller of a\nvessel. On and after April first, nineteen hundred eighty-six, a person\nwho engages in business as a yacht broker shall certify to the\ncommissioner that he is a yacht broker. The failure of a person engaged\nin business as a yacht broker to certify to the commissioner that he is\na yacht broker shall be a violation.\n  2. A yacht broker shall be required to keep records of all\ntransactions concerning the purchase and sale of any vessel in which he\nacted as agent for either the buyer or seller. Such records shall be\nmaintained in a manner prescribed by the commissioner and shall be\navailable upon request during business hours to any peace officer or\nagent of the commissioner. The failure to produce such records as\nrequired by this section shall be a violation.\n
N.Y. PBA Law § 1265-A — New York Code / Act PBA / Article 5 / Title 11 / Section 1265-A
Contracts
Status: in_force

§ 1265-a. Contracts.  1. The provisions of this section shall only\napply to procurements by the authority commenced during the period from\nApril first, nineteen hundred eighty-seven until December thirty-first,\nnineteen hundred ninety-one, and during the period from December\nsixteenth, nineteen hundred ninety-three until June thirtieth, two\nthousand twenty-eight; provided, however, that the provisions of this\nsection shall not apply to (i) the award of any contract of the\nauthority if the bid documents for such contract so provide and such bid\ndocuments are issued within sixty days of the effective date of this\nsection or within sixty days of December sixteenth, nineteen hundred\nninety-three, or (ii) for a period of one hundred eighty days after the\neffective date of this section or for a period of one hundred eighty\ndays after December sixteenth, nineteen hundred ninety-three, the award\nof any contract for which an invitation to bid, solicitation, request\nfor proposal, or any similar document has been issued by the authority\nprior to the effective date of this section or during the period from\nJanuary first, nineteen hundred ninety-two until December sixteenth,\nnineteen hundred ninety-three.\n  2. * (a) Except as otherwise provided in this section, all purchase\ncontracts for supplies, materials or equipment involving an estimated\nexpenditure in excess of one million dollars and all contracts for\npublic work involving an estimated expenditure in excess of one million\ndollars shall be awarded by the authority to the lowest responsible\nbidder after obtaining sealed bids in the manner hereinafter set forth.\nFor purposes hereof, contracts for public work shall exclude contracts\nfor personal, engineering and architectural, or professional services.\nThe authority may reject all bids and obtain new bids in the manner\nprovided by this section when it is deemed in the public interest to do\nso or, in cases where two or more responsible bidders submit identical\nbids which are the lowest bids, award the contract to any of such\nbidders or obtain new bids from such bidders. Nothing in this paragraph\nshall obligate the authority to seek new bids after the rejection of\nbids or after cancellation of an invitation to bid. Nothing in this\nsection shall prohibit the evaluation of bids on the basis of costs or\nsavings including life cycle costs of the item to be purchased,\ndiscounts, and inspection services so long as the invitation to bid\nreasonably sets forth the criteria to be used in evaluating such costs\nor savings. Life cycle costs may include but shall not be limited to\ncosts or savings associated with installation, energy use, maintenance,\noperation and salvage or disposal.\n  * NB Effective until June 30, 2028\n  * (a) Except as otherwise provided in this section, all purchase\ncontracts for supplies, materials or equipment involving an estimated\nexpenditure in excess of fifteen thousand dollars and all contracts for\npublic work involving an estimated expenditure in excess of twenty-five\nthousand dollars shall be awarded by the authority to the lowest\nresponsible bidder after obtaining sealed bids in the manner hereinafter\nset forth. For purposes hereof, contracts for public work shall exclude\ncontracts for personal, engineering and architectural, or professional\nservices. The authority may reject all bids and obtain new bids in the\nmanner provided by this section when it is deemed in the public interest\nto do so or, in cases where two or more responsible bidders submit\nidentical bids which are the lowest bids, award the contract to any of\nsuch bidders or obtain new bids from such bidders. Nothing herein shall\nobligate the authority to seek new bids after the rejection of bids or\nafter cancellation of an invitation to bid. Nothing in this section\nshall prohibit the evaluation of bids on the basis of costs or savings\nincluding life cycle costs of the item to be purchased, discounts, and\ninspection services so long as the invitation to bid reasonably sets\nforth the criteria to be used in evaluating such costs or savings. Life\ncycle costs may include but shall not be limited to costs or savings\nassociated with installation, energy use, maintenance, operation and\nsalvage or disposal.\n  * NB Effective June 30, 2028\n  * (b) Section twenty-eight hundred seventy-nine of this chapter shall\napply to the authority's acquisition of goods or services of any kind,\nin the actual or estimated amount of fifteen thousand dollars or more,\nprovided (i) that a contract for services in the actual or estimated\namount of one million dollars or less shall not require approval by the\nboard of the authority regardless of the length of the period over which\nthe services are rendered, and provided further that a contract for\nservices in the actual or estimated amount in excess of one million\ndollars shall require approval by the board of the authority regardless\nof the length of the period over which the services are rendered unless\nsuch a contract is awarded to the lowest responsible bidder after\nobtaining sealed bids, and (ii) the board of the authority may by\nresolution adopt guidelines that authorize the award of contracts to\nsmall business concerns, to service disabled veteran owned businesses\ncertified pursuant to article seventeen-B of the executive law, or\nminority or women-owned business enterprises certified pursuant to\narticle fifteen-A of the executive law, or purchases of goods or\ntechnology that are recycled or remanufactured, in an amount not to\nexceed one million five hundred thousand dollars without a formal\ncompetitive process and without further board approval. The board of the\nauthority shall adopt guidelines which shall be made publicly available\nfor the awarding of such contract without a formal competitive process.\n  * NB Effective until June 30, 2028\n  * (b) Section twenty-eight hundred seventy-nine of this chapter shall\napply to the authority's acquisition of goods or services of any kind,\nin the actual or estimated amount of fifteen thousand dollars or more,\nprovided that a contract for personal services in the actual or\nestimated amount of less than twenty thousand dollars shall not require\napproval by the board of the authority regardless of the length of the\nperiod over which the services are rendered, and provided further that a\ncontract for personal services in the actual or estimated amount of\ntwenty thousand dollars or more shall require approval by the board of\nthe authority regardless of the length of the period over which the\nservices are rendered.\n  * NB Effective June 30, 2028\n  (c)(1) Notwithstanding the provisions of paragraph (a) of this\nsubdivision, the authority shall establish guidelines governing the\nqualifications of bidders entering into contracts for its project to\nbring the Long Island Rail Road into Grand Central Terminal ("East Side\nAccess Project"). The bidding may be restricted to those who have\nqualified prior to the receipt of bids according to standards fixed by\nthe authority; provided, however, that the award of contracts shall, to\nthe extent not inconsistent with this paragraph, be in accordance with\nparagraph (a) of this subdivision.\n  (2) In determining whether a prospective bidder qualifies for the\ninclusion on a list of prequalified bidders for the East Side Access\nProject, the authority shall consider: (i) the experience and past\nperformance of the prospective bidder; (ii) the prospective bidder's\nability to undertake work, including but not limited to whether it\nparticipates in state approved apprenticeship programs and whether it\nutilizes employees who are represented by labor organizations; (iii) the\nfinancial capability and responsibility of the prospective bidder; and\n(iv) the records of the prospective bidder in complying with existing\nlabor standards. The authority may also consider such other factors as\nit deems appropriate.\n  3. (a) Advertisement for bids, when required by this section, shall be\npublished at least once in a newspaper of general circulation in the\narea served by the authority and in the procurement opportunities\nnewsletter published pursuant to article four-C of the economic\ndevelopment law provided that, notwithstanding the provisions of article\nfour-C of the economic development law, an advertisement shall only be\nrequired for a purchase contract for supplies, materials or equipment\nwhen required by this section. Publication in a newspaper of general\ncirculation in the area served or in the procurement opportunities\nnewsletter shall not be required if bids for contracts for supplies,\nmaterials or equipment are of a type regularly purchased by the\nauthority and are to be solicited from a list of potential suppliers, if\nsuch list is or has been developed consistent with the provisions of\nsubdivision six of this section. Any such advertisement shall contain a\nstatement of: (i) the time and place where bids received pursuant to any\nnotice requesting sealed bids will be publicly opened and read; (ii) the\nname of the contracting agency; (iii) the contract identification\nnumber; (iv) a brief description of the public work, supplies,\nmaterials, or equipment sought, the location where work is to be\nperformed, goods are to be delivered or services provided and the\ncontract term; (v) the address where bids or proposals are to be\nsubmitted; (vi) the date when bids or proposals are due; (vii) a\ndescription of any eligibility or qualification requirement or\npreference; (viii) a statement as to whether the contract requirements\nmay be fulfilled by a subcontracting, joint venture, or co-production\narrangement; (ix) any other information deemed useful to potential\ncontractors; and (x) the name, address, and telephone number of the\nperson to be contacted for additional information. At least fifteen\nbusiness days shall elapse between the first publication of such\nadvertisement or the solicitation of bids, as the case may be, and the\ndate of opening and reading of bids.\n  (b) The authority may designate any officer or employee to open the\nbids at the time and place bids are to be opened and may designate an\nofficer to award the contract to the lowest responsible bidder. Such\ndesignee shall make a record of all bids in such form and detail as the\nauthority shall prescribe. All bids received shall be publicly opened\nand read at the time, place and in the manner specified in the\nadvertisement or at the time of solicitation, or to which the opening\nand reading or posting have been adjourned by the authority, provided\nthat any sealed bid may be received and secured through an electronic\nplatform as permitted by the authority, and that any sealed bid received\nelectronically is made public at the same time as any competing paper\nbid. The authority shall, at minimum, provide the same opportunity and\ntime for submitting sealed bids physically as for sealed bids submitted\nelectronically, and shall provide the opportunity for bidders to submit\nsealed bids physically any time that it provides the opportunity to\nsubmit sealed electronic bids.  In addition, the authority shall\nestablish a process for accommodating force majeure events that prevent\nthe submission of a sealed electronic bid, including but not limited to\ninternet and power outage events, and for automatically confirming\nreceipt of any sealed electronic bid received. All bidders shall be\nnotified of the time and place of any such adjournment.\n  4. Notwithstanding the foregoing, the authority may, by resolution\napproved by a two-thirds vote of its members then in office, or by a\nmajority vote of its members with respect to contracts proposed to be\nlet pursuant to paragraph (a) of this subdivision declare that\ncompetitive bidding is impractical or inappropriate because of the\nexistence of any of the circumstances hereinafter set forth and\nthereafter the authority may proceed to award contracts without\ncomplying with the requirements of subdivision two or three of this\nsection. In each case where the authority declares competitive bidding\nimpractical or inappropriate, it shall state the reason therefor in\nwriting and summarize any negotiations that have been conducted. Except\nfor contracts awarded pursuant to paragraphs (a), (b), (c) and (e) of\nthis subdivision, the authority shall not award any contract pursuant to\nthis subdivision earlier than thirty days from the date on which the\nauthority declares that competitive bidding is impractical or\ninappropriate. Competitive bidding may only be declared impractical or\ninappropriate where:\n  (a) the existence of an emergency involving danger to life, safety or\nproperty requires immediate action and cannot await competitive bidding\nor the item to be purchased is essential to efficient operation or the\nadequate provision of service and as a consequence of unforeseen\ncircumstance such purchase cannot await competitive bidding;\n  (b) the item to be purchased is available only from a single\nresponsible source, provided that if bids have not been solicited for\nsuch item pursuant to subdivision two of this section within the\npreceding twelve months public notice shall first be given pursuant to\nsubdivision three of this section;\n  (c) the authority receives no responsive bids or only a single\nresponsive bid in response to an invitation for competitive bids;\n  (d) the authority wishes to experiment with or test a product or\ntechnology or new source for such product or technology or evaluate the\nservice or reliability of such product or technology;\n  (e) the item is available through an existing contract between a\nvendor and (i) another public authority provided that such other\nauthority utilized a process of competitive bidding or a process of\ncompetitive requests for proposals to award such contracts, (ii) Nassau\ncounty, (iii) the state of New York, (iv) the city of New York or (v)\nthe United States general services administration provided that such\nadministration utilized a process of competitive bidding or a process of\ncompetitive requests for proposals to award such contract, provided that\nin any case when under this paragraph the authority determines that\nobtaining such item thereby would be in the public interest and sets\nforth the reasons for such determination. Such rationale shall include,\nbut need not be limited to, a determination of need, a consideration of\nthe procurement method by which the contract was awarded, an analysis of\nalternative procurement sources including an explanation why a\ncompetitive procurement or the use of a centralized contract let by the\ncommissioner of the office of general services is not in the best\ninterest of the authority, and the reasonableness of cost. The authority\nshall accept sole responsibility for any payment due the vendor as a\nresult of the authority's order; or\n  (f) the authority determines that it is in the public interest to\naward contracts pursuant to a process for competitive requests for\nproposals as hereinafter set forth. For purposes of this section, a\nprocess for competitive requests for proposals shall mean a method of\nsoliciting proposals and awarding a contract on the basis of a formal\nevaluation of the characteristics, such as quality, cost, delivery\nschedule and financing of such proposals against stated selection\ncriteria. Public notice of the requests for proposals shall be given in\nthe same manner as provided in subdivision three of this section and\nshall include the selection criteria. In the event the authority makes a\nmaterial change in the selection criteria from those previously stated\nin the notice, it will inform all proposers of such change and permit\nproposers to modify their proposals.\n  * (i) Except for a contract with a value of one hundred million\ndollars or less that is awarded pursuant to this paragraph to the\nproposer whose proposal is the lowest cost, the authority may award a\ncontract pursuant to this paragraph only after a resolution approved by\na two-thirds vote of its members then in office at a public meeting of\nthe authority with such resolution (A) disclosing the other proposers\nand the substance of their proposals, (B) summarizing the negotiation\nprocess including the opportunities, if any, available to proposers to\npresent and modify their proposals, and (C) setting forth the criteria\nupon which the selection was made provided however that for purposes of\nthis subparagraph the board may, at its discretion, require such a\nresolution be approved for contracts with a value of one hundred million\ndollars or less.\n  * NB Effective until June 30, 2028\n  * (i) The authority may award a contract pursuant to this paragraph\nonly after a resolution approved by a two-thirds vote of its members\nthen in office at a public meeting of the authority with such resolution\n(A) disclosing the other proposers and the substance of their proposals,\n(B) summarizing the negotiation process including the opportunities, if\nany, available to proposers to present and modify their proposals, and\n(C) setting forth the criteria upon which the selection was made.\n  * NB Effective June 30, 2028\n  (ii) Nothing in this paragraph shall require or preclude (A)\nnegotiations with any proposers following the receipt of responses to\nthe request for proposals, or (B) the rejection of any or all proposals\nat any time. Upon the rejection of all proposals, the authority may\nsolicit new proposals or bids in any manner prescribed in this section.\n  (g) the authority issues a competitive request for proposals pursuant\nto the procedures of paragraph (f) of this subdivision for the purchase\nor rehabilitation of rail cars and omnibuses. Any such request may\ninclude among the stated selection criteria the performance of all or a\nportion of the contract at sites within the state of New York or the use\nof goods produced or services provided within the state of New York,\nprovided however that in no event shall the authority award a contract\nto a manufacturer whose final offer, as expressed in unit cost is more\nthan ten percent higher than the unit cost of any qualified competing\nfinal offer, if the sole basis for such award is that the higher priced\noffer includes more favorable provision for the performance of the\ncontract within the state of New York or the use of goods produced or\nservices provided within the state of New York, and further provided\nthat the authority's discretion to award a contract to any manufacturer\nshall not be so limited if a basis for such award, as determined by the\nauthority, is superior financing, delivery schedule, life cycle,\nreliability, or any other factor the authority deems relevant to its\noperations.\n  * (i) Except for a contract with a value of one hundred million\ndollars or less that is awarded pursuant to this paragraph to the\nproposer whose proposal is the lowest cost, the authority may award a\ncontract pursuant to this paragraph only after a resolution approved by\na vote of not less than a two-thirds vote of its members then in office\nat a public meeting of the authority with such resolution (A) disclosing\nthe other proposers and the substance of their proposals, (B)\nsummarizing the negotiation process including the opportunities, if any,\navailable to proposers to present and modify their proposals, and (C)\nsetting forth the criteria upon which the selection was made provided\nhowever that for purposes of this subparagraph the board may, at its\ndiscretion, require such a resolution be approved for contracts with a\nvalue of one hundred million dollars or less.\n  * NB Effective until June 30, 2028\n  * (i) The authority may award a contract pursuant to this paragraph\nonly after a resolution approved by a vote of not less than a two-thirds\nvote of its members then in office at a public meeting of the authority\nwith such resolution (A) disclosing the other proposers and the\nsubstance of their proposals, (B) summarizing the negotiation process\nincluding the opportunities, if any, available to proposers to present\nand modify their proposals, and (C) setting forth the criteria upon\nwhich the selection was made.\n  * NB Effective June 30, 2028\n  (ii) Nothing in this paragraph shall require or preclude (A)\nnegotiations with any proposers following the receipt of responses to\nthe request for proposals, or (B) the rejection of any or all proposals\nat any time. Upon the rejection of all proposals, the authority may\nsolicit new proposals or bids in any manner prescribed in this section.\n  5. Upon the adoption of a resolution by the authority stating, for\nreasons of efficiency, economy, compatibility or maintenance\nreliability, that there is a need for standardization, the authority may\nestablish procedures whereby particular supplies, materials or equipment\nare identified on a qualified products list. Such procedures shall\nprovide for products or vendors to be added to or deleted from such list\nand shall include provisions for public advertisement of the manner in\nwhich such lists are compiled. The authority shall review such list no\nless than once a year for the purpose of making such modifications.\nContracts for particular supplies, materials or equipment identified on\na qualified products list may be awarded by the authority to the lowest\nresponsible bidder after obtaining sealed bids in accordance with this\nsection or without competitive sealed bids in instances when the item is\navailable from only a single source, except that the authority may\ndispense with advertising provided that it mails copies of the\ninvitation to bid to all vendors of the particular item on the qualified\nproducts list.\n  6. The authority shall compile a list of potential sources of\nsupplies, materials or equipment regularly purchased. The authority\nshall, by resolution, set forth the procedures it has established to\nidentify new sources and to notify such new sources of the opportunity\nto bid for contracts for the purchase of supplies, materials or\nequipment. Such procedures shall include, but not be limited to: (a)\nadvertising in trade journals; (b) cooperation with federal, state and\nlocal agencies within its area of operations; (c) publication in the\nstate register quarterly; and (d) procedures established pursuant to\nsubdivision thirteen of section twelve hundred sixty-six-c of this\narticle.\n  7. The provisions of this section shall not supersede any other\nprovisions of law relative to purchases of products or devices\nmanufactured or provided by the blind or other severely handicapped\npersons, to the invitation and acceptance of bids from small or minority\nbusiness enterprises or to the purchases of supplies, materials or\nequipment through the office of general services. Except as may\notherwise be provided by law or as more restrictively defined in the\nofficial policy or bid specifications of the authority, the term "small\nbusiness" means a small business or similar term, under federal\nregulations applicable to projects of the authority which are federally\nassisted.\n  * 8. Notwithstanding any other provisions in this section, the\nauthority shall be allowed to use an electronic bidding system for the\npurchase of goods, materials, and commodities that may inform bidders\nwhether their bid is the current low bid, and allow bidders to submit\nnew bids before the date and time assigned for the opening of bids. Such\nprocedure shall not constitute disclosure of bids in violation of\nsection twenty-eight hundred seventy-eight of this chapter.\n  * NB Effective until June 30, 2028\n  * 8. The provisions of this section shall not apply to any procurement\nmade by any other public entity not otherwise required by law to award\ncontracts for such purchases to the lowest responsible bidder if such\npurchases are made at the sole cost and expense of such entity.\n  * NB Effective June 30, 2028\n  * 9. The provisions of this section shall not apply to any procurement\nmade by any other public entity not otherwise required by law to award\ncontracts for such purchases to the lowest responsible bidder if such\npurchases are made at the sole cost and expense of such entity.\n  * NB Repealed June 30, 2028\n  10. (a) Whenever the comptroller pursuant to section twenty-eight\nhundred seventy-nine-a of this chapter intends to require supervision in\nthe form of prior review and approval of a contract or contract\namendment to be awarded by the authority pursuant to this section, then\nsuch contract or contract amendment shall be submitted to the\ncomptroller by the authority for approval and shall not be a valid\nenforceable contract unless it shall first have been approved by the\ncomptroller but only if the comptroller has notified the authority of\nsuch determination within thirty days of having received written notice\nof such contract or contract amendment either in the authority's annual\nreport or any revised report;\n  (b) If the comptroller has timely notified the authority as provided\nin paragraph (a) of this subdivision that any contract or contract\namendment shall be subject to comptroller prior review and approval, and\nsuch contract or contract amendment has been submitted to the\ncomptroller, it shall become valid and enforceable without such approval\nif the comptroller has not approved or disapproved it within thirty days\nof submission to the comptroller.\n
N.Y. ENV Law § 71-1113 — New York Code / Act ENV / Article 71 / Title 11 / Section 71-1113
Enforcement of sections 15-1505 and 15-1506
Status: in_force

§ 71-1113. Enforcement of sections 15-1505 and 15-1506.\n  1. The department shall enforce the provisions of sections 15-1505 and\n15-1506 of this chapter and the Supreme Court by injunction may upon\napplication of the department prevent any unauthorized diversion or\ntransportation.\n  2. Any person who violates the provisions of section 15-1506 of this\nchapter or the rules, regulations, orders or determinations of the\ncommissioner promulgated thereto or the terms of any permit issued\nthereunder, shall be liable for a civil penalty not less than\ntwenty-five hundred dollars nor more than ten thousand dollars per day\nof such violation.\n
N.Y. PBA Law § 1315 — New York Code / Act PBA / Article 5 / Title 11-C / Section 1315
Notes and bonds as legal investment
Status: in_force

§ 1315. Notes and bonds as legal investment. The notes and bonds of\nthe authority are hereby made securities in which all public officers\nand bodies of the state and all municipalities and political\nsubdivisions, all insurance companies and associations and other persons\ncarrying on an insurance business, all banks, bankers, trust companies,\nsavings banks and savings associations, including savings and loan\nassociations, building and loan associations, investment companies and\nother persons carrying on a banking business, all administrators,\nguardians, executors, trustees and other fiduciaries, and all other\npersons whatsoever who are now or who may hereafter be authorized to\ninvest in bonds or other obligations of the state, may properly and\nlegally invest funds including capital in their control or belonging to\nthem.  Notwithstanding any other provisions of law, the bonds of the\nauthority are also hereby made securities which may be deposited with\nand shall be received by all public officers and bodies of this state\nand all municipalities and political subdivisions for any purpose for\nwhich the deposit of bonds or other obligations of the state is now or\nmay hereafter be authorized.\n
N.Y. PBA Law § 1268-A — New York Code / Act PBA / Article 5 / Title 11 / Section 1268-A
Promotion of qualified transportation fringes
Status: in_force

§ 1268-a. Promotion of qualified transportation fringes. The authority\nshall promote the broad use of qualified transportation fringes, under\nsection 132(f) of the internal revenue code, in order to increase the\nnumber of participating companies and employees in such programs. The\nauthority may also study and report on ways in which programs may be\nimproved so as to increase public participation.\n
N.Y. ENV Law § 15-1103 — New York Code / Act ENV / Article 15 / Title 11 / Section 15-1103
Petition; proceedings; exclusion of certain counties
Status: in_force

§ 15-1103. Petition; proceedings; exclusion of certain counties.\n  1. Any county, city, town or village, when duly authorized to do so,\nor any combination thereof, except as provided in subdivision 7 hereof,\nmay submit to the department a verified petition requesting the\ndepartment to consider a proposal for a survey and study of the water\nresources of a specified region of which the petitioning municipality is\na part, for the purpose of preparing and providing a comprehensive plan\nor plans for the protection, conservation, development and beneficial\nuse of such resources. Any such petition, prior to its submission to the\ndepartment, must be approved by the county legislative body of each\ncounty wholly or partly within the specified region. The petition shall\nset forth the facts upon which the petitioner or petitioners rely to\nshow that it is necessary and would be in the public interest and\nbenefit to undertake such survey, study and comprehensive planning. The\npetition shall list the persons, public corporations and state agencies\nengaged in receiving, collecting, storing, transmitting, distributing,\nprocessing or otherwise dealing with water for a public purpose, within\nthe region set forth in the petition, and the names and addresses of the\nclerks or other executive officers thereof. There shall be attached to\nthe petition a certified copy of the resolution, ordinance or other\nevidence of authority authorizing the execution of the petition.\n  2. Upon receipt of a petition, the department with reasonable\ndiligence shall cause public notice to be given that on a day therein\nnamed it will hold a public hearing at such place, within the region\nspecified in the petition, as is designated in the notice for the\npurpose of hearing all persons, public corporations and state agencies\nin favor of or opposed to the proposal. Such public notice shall be\ngiven by publication as provided in subdivision 1 of section 15-0903.\n  3. In addition to such public notice, the department shall give notice\nof the time and place of the public hearing in writing, at least fifteen\ndays prior to the date thereof, to the state Departments of Agriculture\nand Markets, Commerce, Health and Transportation, and the State Soil\nConservation Committee; also to the clerks or other executive officers\nof the public corporations and state agencies, persons and other\nagencies as listed in the petition. The department may also give similar\nwritten notice to any other person, body or agency it may deem would\nhave an interest in or would be affected by any comprehensive planning.\nAny public corporation, acting through any executive office authorized\nto take such action by its governing body or board, may file with the\ndepartment a written request that such public corporation be notified in\nwriting of any hearing under title 11 of this article in relation to any\nregion embraced in whole or in part within any area or areas of the\nstate designated by such public corporation in its written request.\nAfter the filing of such request, where any petition shall be filed with\nthe department setting forth any such region, but not listing such\npublic corporation, the department shall give notice to such public\ncorporation of any hearing on such petition, in the same manner as if it\nhad been listed in the petition pursuant to subdivision 1 of this\nsection. For the purpose of any hearings or proceedings under title 11\nof this article or to review a decision in the manner provided by\narticle seventy-eight of the Civil Practice Law and Rules relating to\nany region embraced within the area or areas designated in such request,\nany public corporation entitled to notice by reason of having filed such\nrequest shall be deemed to be and shall have all of the rights of a\nparty to the same extent as if such public corporation had been listed\nin the petition pursuant to subdivision 1 of this section. A\nmodification or withdrawal of any such request may be filed by any\npublic corporation in the same manner as an original request. Any such\nmodification shall have the same force and effect as an original\nrequest. Failure of the department to give notice pursuant to such\nwritten request shall not invalidate any proceedings had or action taken\nby the department.\n  4. The department shall, upon the day specified in the notice, or upon\nsuch subsequent day or days to which it may adjourn the hearing, proceed\nto take testimony and proof and to hear arguments submitted in support\nof and in opposition to the proposal. If in the course of the hearing,\nit shall appear to the department that the region specified in the\npetition should be enlarged in order to undertake a more comprehensive\nand beneficial study, survey and planning, the department shall adjourn\nthe hearing a sufficient period of time in order to obtain the approval\nof the county legislative body or bodies of the county or counties in\nwhich the additional area is located for the inclusion of such\nadditional area in the proposal. If such approval is given, the\ndepartment shall give, within the additional area, similar public and\nwritten notice, and shall give similar written notice to public\ncorporations which have filed requests, and in like manner, as provided\nby subdivisions 2 and 3 of this section, of the time and place fixed by\nthe department for the resumption of the public hearing. The hearing\nshall resume and proceed at such time and place as if the additional\narea had been included in the petition as part of the region.\n  5. Within thirty days after the taking of testimony and proofs, any\nperson, public corporation or state agency, who or which has appeared at\nthe hearing, may file with the department written objections to the\nproposal or parts thereof as petitioned for or as enlarged as above\nprovided. Such objections shall specify the grounds and reasons upon\nwhich they are made. Briefs in support of and in opposition to the\nproposal may be filed with the department within the same thirty day\nperiod. Upon expiration of the period, the hearing shall be deemed\nclosed, unless the department determines that the hearing should be\nreopened for the taking of further testimony or other proof.\n  6. Thereafter and with all convenient speed, the department shall\nrender its decision, determining if it is or is not in the public\ninterest or benefit to undertake the proposal. If the proposal is found\nto be in the public interest or benefit, the department shall determine\nthe region of the state to be included in the study, survey and\ncomprehensive planning, the minimum number of specific purposes for\nwhich the planning should be undertaken, the extent of the study, survey\nand planning involved and an approximate estimate of the cost of the\nstudy and survey.\n  7. Following this determination by the department, and before\nproceeding thereon, the petitioner for the survey and study decide\nwithin six months after the date of the department's determination\nwhether to proceed with the survey and study or to withdraw its request\ntherefor. Notice of its decision shall be given promptly to the\ndepartment. The department may grant one or more extensions of six\nmonths each to the petitioner to make its decision.\n  8. The area of the state within the corporate limits of the city of\nNew York shall not be included, in whole or in part, in any region\nproposed by a petition, or as enlarged or as determined by the\ndepartment under this section, which region includes in whole or in part\nthe counties of Nassau or Suffolk, or either of them.\n
N.Y. SOS Law § 366-C — New York Code / Act SOS / Article 5 / Title 11 / Section 366-C
Treatment of income and resources of institutionalized persons
Status: in_force

§ 366-c. Treatment of income and resources of institutionalized\npersons.  1. Notwithstanding any other provision of law to the contrary,\nin determining the eligibility for medical assistance of a person\ndefined as an institutionalized spouse, the income and resources of such\nperson and the person's community spouse shall be treated as provided in\nthis section.\n  2. (a) For purposes of this section an "institutionalized spouse" is a\nperson (i) who is in a medical institution or nursing facility and\nexpected to remain in such facility or institution for at least thirty\nconsecutive days; or (ii) who is receiving care, services and supplies\npursuant to a waiver pursuant to subsection (c) of section nineteen\nhundred fifteen of the federal social security act, or successor to such\nwaiver, or is receiving care, services and supplies in a managed\nlong-term care plan pursuant to section eleven hundred fifteen of the\nsocial security act; and (iii) who is married to a person who is not in\na medical institution or nursing facility or is not receiving waiver\nservices described in subparagraph (ii) of this paragraph; provided,\nhowever, that medical assistance shall be furnished pursuant to this\nparagraph only if, for so long as, and to the extent that federal\nfinancial participation is available therefor. The commissioner of\nhealth shall make any amendments to the state plan for medical\nassistance, or apply for any waiver or approval under the federal social\nsecurity act that are necessary to carry out the provisions of this\nparagraph.\n  (b) For purposes of this section, a "community spouse" is a person who\nis the spouse of an "institutionalized spouse".\n  (c) For the purposes of this section, "spousal share" means an amount\nequal to one-half of the total value of the resources of the community\nspouse and the institutionalized spouse, as of the beginning of the\nfirst continuous period of institutionalization beginning on or after\nthe thirtieth day of September, nineteen hundred eighty-nine, to the\nextent that either, or both, have an ownership interest as of the date\nof the continuous period of institutionalization of the\ninstitutionalized spouse.\n  (d) For the purposes of this section, "community spouse resource\nallowance" means the amount, if any, by which the greatest of the\nfollowing amounts exceeds the total value of the resources otherwise\navailable to the community spouse:\n  (i) (A) prior to January first, nineteen hundred ninety-five, sixty\nthousand dollars, which shall be increased annually by the same\npercentage as the percentage increase in the federal consumer price\nindex;\n  (B) on and after January first, nineteen hundred ninety-five through\nJune thirtieth, nineteen hundred ninety-nine, seventy-four thousand\neight hundred twenty dollars or such greater amount as may be required\nunder federal law;\n  (ii) the lesser of sixty thousand dollars which shall be increased\nannually by the same percentage as the percentage increase in the\nfederal consumer price index or the spousal share; or\n  (iii) the amount established for support of the community spouse\npursuant to a fair hearing under this section; or\n  (iv) the amount transferred pursuant to court order for the support of\nthe community spouse.\n  (e) For purposes of this section, "resources" do not include resources\nexcluded in determining eligibility for benefits under title XVI of the\nfederal social security act, as defined by the commissioner consistent\nwith federal law.\n  (f) For purposes of this section, "family member" includes only a\ndependent or minor child, a dependent parent, or a dependent sibling of\nthe institutionalized spouse or the community spouse, who resides with\nthe community spouse.\n  (g) For purposes of this section, "community spouse monthly income\nallowance" is the amount by which the minimum monthly maintenance needs\nallowance for the community spouse exceeds the monthly income otherwise\navailable to the community spouse unless a greater amount is established\npursuant to a fair hearing under this section or pursuant to court order\nfor the support of the community spouse.\n  (h) For purposes of this section, "minimum monthly maintenance needs\nallowance" is an amount equal to one-twelfth of the applicable\npercentage of the federal income official poverty line for a family of\ntwo, plus an excess shelter allowance, provided however, such amount\nshall not be less than one thousand five hundred dollars per month, nor\nexceed one thousand five hundred dollars (as adjusted in the discretion\nof the commissioner for changes in the federal consumer price index for\ncalendar years after nineteen hundred eighty-nine) per month.\n  (i) For purposes of this section, "family allowance for each family\nmember" is an amount equal to the one-third times one-twelfth of the\napplicable percentage of the federal income official poverty line to a\nfamily of two, less the monthly income otherwise available to the family\nmember.\n  (j) For purposes of this section, the "applicable percentage of the\nfederal income official poverty line" shall be one hundred twenty-two\npercent as of September thirtieth, nineteen hundred eighty-nine; one\nhundred thirty-three percent as of July first, nineteen hundred\nninety-one and one hundred fifty percent on and after July first,\nnineteen hundred ninety-two.\n  (k) For purposes of this section, the "excess shelter allowance" shall\nbe the amount by which the community spouse's rent, mortgage, or\ncondominium or cooperative maintenance fees, taxes and insurance, and\nutilities exceed thirty percent of one-twelfth of the applicable\npercentage of the federal income official poverty line for two persons.\n  3. Unless established by a preponderance of the evidence to the\ncontrary, the following presumptions shall apply in determining the\navailability of income to an institutionalized spouse in determining\neligibility for medical assistance.\n  (a) During any month in which an institutionalized spouse is in the\ninstitution or facility, no income of the community spouse shall be\nconsidered available to the institutionalized spouse except as provided\nin this subdivision; and\n  (b) Income solely in the name of the institutionalized spouse or the\ncommunity spouse shall be considered available only to that spouse; and\n  (c) Income in the names of the institutionalized spouse and the\ncommunity spouse shall be considered available one-half to each spouse;\nand\n  (d) Income in the names of the institutionalized spouse or the\ncommunity spouse, or both, and also in the name of another person or\npersons, shall be considered available to each spouse in proportion to\nthe spouse's interest or, if in the names of both spouses and no share\nis specified, one-half of the joint interest shall be considered\navailable to each spouse; and\n  (e) (i) Income from a trust shall be considered available to each\nspouse in accordance with the provisions of the trust instrument, or, in\nabsence of a specific trust provision allocating income, in accordance\nwith the provisions of paragraphs (a) through (d) of this subdivision;\nand\n  (ii) Additionally, income from a trust shall be attributed in\naccordance with the provisions of this title and title XIX of the\nfederal social security act; and\n  (f) Income in which there is no instrument establishing ownership\nshall be considered to be available one-half to the institutionalized\nspouse and one-half to the community spouse.\n  * 4. In determining the amount of income to be applied toward the cost\nof medical care, services and supplies of the institutionalized spouse,\nafter the institutionalized spouse has been determined eligible for\nmedical assistance, the following items shall be deducted from the\nmonthly income of the institutionalized spouse in the following order:\n  (a) a personal needs allowance;\n  (b) a community spouse monthly income allowance;\n  (c) a family allowance for each family member;\n  (d) any expenses incurred for medical care, services or supplies and\nremedial care for the institutionalized spouse;\nprovided, however, that, to the extent required by federal law, the\nterms of this subdivision shall not apply to persons who are receiving\ncare, services and supplies pursuant to the following waivers under\nsection 1915(c) of the federal social security act: the nursing facility\ntransition and diversion waiver authorized pursuant to subdivision six-a\nof section three hundred sixty-six of this title; the traumatic brain\ninjury waiver authorized pursuant to section twenty-seven hundred forty\nof the public health law, the long term home health care program waiver\nauthorized pursuant to section three hundred sixty-seven-c of this\ntitle, and the home and community based services waiver for persons with\ndevelopmental disabilities, or successor to such waiver, administered by\nthe office for people with developmental disabilities pursuant to an\nagreement with the federal centers for medicare and Medicaid services.\n  * NB Effective until March 31, 2028\n  * 4. In determining the amount of income to be applied toward the cost\nof medical care, services and supplies of the institutionalized spouse,\nafter the institutionalized spouse has been determined eligible for\nmedical assistance, the following items shall be deducted from the\nmonthly income of the institutionalized spouse in the following order:\n  (a) a personal needs allowance;\n  (b) a community spouse monthly income allowance;\n  (c) a family allowance for each family member;\n  (d) any expenses incurred for medical care, services or supplies and\nremedial care for the institutionalized spouse.\n  * NB Effective March 31, 2028\n  5. The following rules apply in determining the resources of the\ninstitutionalized spouse and the community spouse in establishing\neligibility for medical assistance:\n  (a) All resources, including resources required to be considered in\ndetermining eligibility pursuant to paragraph (c) of subdivision five of\nsection three hundred sixty-six of this title, held by either the\ninstitutionalized spouse or the community spouse or both shall be\nconsidered available to the institutionalized spouse to the extent that\nthe value of the resources exceeds the community spouse resource\nallowance.\n  (b) An institutionalized spouse shall not be ineligible for medical\nassistance by reason of excess resources determined under paragraph (a)\nof this subdivision, if the institutionalized spouse executes an\nassignment of support from the community spouse in favor of the social\nservices district and the department, or the institutionalized spouse is\nunable to execute such assignment due to physical or mental impairment,\nor to deny assistance would create an undue hardship, as defined by the\ncommissioner.\n  (c) After the month in which the institutionalized spouse has been\ndetermined eligible for medical assistance during a continuous period of\ninstitutionalization, no resource of the community spouse shall be\nconsidered available to the institutionalized spouse.\n  6. Notwithstanding paragraph (c) of subdivision five of section three\nhundred sixty-six of this title and after an institutionalized spouse is\ndetermined eligible for medical assistance, transfers of resources by\nthe institutionalized spouse to the community spouse shall be permitted\nto the extent that the transfers are solely to or for the benefit of the\ncommunity spouse and do not exceed the value of the community spouse\nresource allowance. Such transfers must be made as soon as practicable\nafter the determination of eligibility.\n  7. (a) At the beginning or after the commencement of a continuous\nperiod of institutionalization, either spouse may request an assessment\nof the total value of their resources or a determination of the\ncommunity spouse monthly income allowance, the amount of the family\nallowance, or the method of computing the amount of the family\nallowance, or the method of computing the amount of the community spouse\nincome allowance.\n  (b) (i) Upon receipt of a request pursuant to paragraph (a) of this\nsubdivision together with all relevant documentation of the resources of\nboth spouses, the social services district shall assess and document the\ntotal value of the spouses' resources and provide each spouse with a\ncopy of the assessment and the documentation upon which it was based. If\nthe request is not part of an application for medical assistance\nbenefits, the social services district may charge a fee for the\nassessment which is related to the cost of preparing and copying the\nassessment and documentation which fee may not exceed twenty-five\ndollars.\n  (ii) The social services district shall also notify each requesting\nspouse of the community spouse monthly income allowance, of the amount,\nif any, of the family allowances, and of the method of computing the\namount of the community spouse monthly income allowance.\n  (c) The social services district shall also provide to the spouse a\nnotice of the right to a fair hearing at the time of provision of the\ninformation requested under paragraph (a) of this subdivision or after a\ndetermination of eligibility for medical assistance. Such notice shall\nbe in the form prescribed or approved by the commissioner and include a\nstatement advising the spouse of the right to a fair hearing under this\nsection.\n  8. (a) If, after a determination on an application for medical\nassistance has been made, either spouse is dissatisfied with the\ndetermination of the community spouse monthly allowance, the amount of\nmonthly income otherwise available to the community spouse, the\ncomputation of the spousal share of resources, the attribution of\nresources or the determination of the community spouse's resource\nallocation, the spouse may request a fair hearing to dispute such\ndetermination. Such hearing shall be held within thirty days of the\nrequest therefor.\n  (b) If either spouse establishes that the community spouse needs\nincome above the level established by the social services district as\nthe minimum monthly maintenance needs allowance, based upon exceptional\ncircumstances which result in significant financial distress (as defined\nby the commissioner in regulations), the department shall substitute an\namount adequate to provide additional necessary income from the income\notherwise available to the institutionalized spouse.\n  (c) If either spouse establishes that income generated by the\ncommunity spouse resource allowance, established by the social services\ndistrict, is inadequate to raise the community spouse's income to the\nminimum monthly maintenance needs allowance, the department shall\nestablish a resource allowance for the spousal share of the\ninstitutionalized spouse adequate to provide such minimum monthly\nmaintenance needs allowance.\n
N.Y. SOS Law § 367-P — New York Code / Act SOS / Article 5 / Title 11 / Section 367-P
Responsibilities of local districts for personal care services, home care services and private duty nursing
Status: in_force

* § 367-p. Responsibilities of local districts for personal care\nservices, home care services and private duty nursing. Consistent with\nthe provisions of section three hundred sixty-seven-n of this title,\nlocal social services district responsibilities for personal care\nservices, home care services and private duty nursing shall include the\nfollowing:\n  (a) local districts with programs which place individuals discharged\nfrom hospitals solely into certified home health agencies shall ensure\nthat those individuals are reviewed for possible placement into personal\ncare services within two weeks of discharge and, if appropriate, placed\ninto personal care services within four weeks thereof;\n  (b) each local district shall, by September first, nineteen hundred\nninety-five, review that plan of care for every recipient receiving\npersonal care on a continuous basis pursuant to sections three hundred\nsixty-seven-k and three hundred sixty-seven-l of this title;\n  (c) each local district shall ensure access to a consumer directed\npersonal assistance program operated pursuant to section three hundred\nsixty-five-f of this title is available in the district to allow persons\nreceiving home care pursuant to this title to directly arrange and pay\nfor such care; and\n  (d) local districts shall not restrict, and shall not be restricted\nfrom approving, the provision of private duty nursing as an alternative\nto nursing services provided by a home health agency where appropriate\nand cost-effective pursuant to section three hundred sixty-seven-l.\n  * NB There are 2 § 367-p's\n
N.Y. SOS Law § 366-A — New York Code / Act SOS / Article 5 / Title 11 / Section 366-A
Applications for assistance; investigations; reconsideration
Status: in_force

§ 366-a. Applications for assistance; investigations; reconsideration.\n1. Any person requesting medical assistance may make application\ntherefor by a written application to the social services official of the\ncounty in which the applicant resides or is found or to the department\nof health or its agent; a phone application; or an on-line application.\nNotwithstanding any provision of law to the contrary, an in-person\ninterview with the applicant or with the person who made application on\nhis or her behalf shall not be required as part of a determination of\ninitial or continuing eligibility pursuant to this title.\n  1-a. Every person making application for medical assistance, and every\nperson on whose behalf an application is made, shall, if interested, be\ngiven the New York state department of health model health care proxy\nform by the person taking the application, except where doing so would\nimpede the immediate provision of health care services.\n  2. (a) Upon receipt of such application, the appropriate social\nservices official, or the department of health or its agent shall verify\nthe eligibility of such applicant. In accordance with the regulations of\nthe department of health, it shall be the responsibility of the\napplicant to provide information and documentation necessary for the\ndetermination of initial and ongoing eligibility for medical assistance.\nIf an applicant or recipient is unable to provide necessary\ndocumentation, the social services official or the department of health\nor its agent shall promptly cause an investigation to be made. Where an\ninvestigation is necessary, sources of information other than public\nrecords will be consulted only with permission of the applicant or\nrecipient. In the event that such permission is not granted by the\napplicant or recipient, or necessary documentation cannot be obtained,\nthe social services official or the department of health or its agent\nmay suspend or deny medical assistance until such time as it may be\nsatisfied as to the applicant's or recipient's eligibility therefor.\n  (b) Notwithstanding the provisions of paragraph (a) of this\nsubdivision, an applicant or recipient may attest to the amount of his\nor her accumulated resources, unless such applicant or recipient is\nseeking medical assistance payment for long term care services. For\npurposes of this paragraph, long term care services shall mean care,\ntreatment, maintenance, and services described in paragraph (b) of\nsubdivision 1 of section three hundred sixty-seven-f of this title, with\nthe exception of short term rehabilitation, as defined by the\ncommissioner of health.\n  (c) Notwithstanding the provisions of paragraph (a) of this\nsubdivision, an applicant or recipient providing written documentation\nof income eligibility of a child for free or reduced breakfast or lunch\nthrough the school meal program certified by the child's school shall\nmeet the evidentiary requirement necessary to document income.\n  * (d) Notwithstanding the provisions of paragraph (a) of this\nsubdivision, an applicant or recipient whose eligibility under this\ntitle is determined without regard to the amount of his or her\naccumulated resources may attest to the amount of interest income\ngenerated by such resources if the amount of such interest income is\nexpected to be immaterial to medical assistance eligibility, as\ndetermined by the commissioner of health. In the event there is an\ninconsistency between the information reported by the applicant or\nrecipient and any information obtained by the commissioner of health\nfrom other sources and such inconsistency is material to medical\nassistance eligibility, the commissioner of health shall request that\nthe applicant or recipient provide adequate documentation to verify his\nor her interest income.\n  * NB There are 2 par (d)'s\n  * (d) The commissioner of health may verify the accuracy of the\ninformation provided by the applicant or recipient pursuant to\nparagraphs (b) and (c) of this subdivision, by matching it against\ninformation to which the commissioner of health has access, including\nunder subdivision eight of this section. In the event there is an\ninconsistency between the information reported by the applicant or\nrecipient and any information obtained by the commissioner of health\nfrom other sources and such inconsistency is material to medical\nassistance eligibility, the commissioner of health shall request that\nthe applicant or recipient provide adequate documentation to verify his\nor her resources.\n  * NB There are 2 par (d)'s\n  3. Upon the receipt of such application, and after the completion of\nany investigation that shall be deemed necessary, the appropriate social\nservices official or the department of health or its agent shall\n  (a) decide whether the applicant is eligible for and should receive\nmedical assistance, the amount thereof and the date on which it shall\nbegin, which shall be the date of the application or, subject to\napplicable department regulations, such earlier or later date as may be\ndeemed reasonable;\n  (b) notify the applicant in writing of the decision, and where such\napplicant is found eligible, provide a tamper resistant identification\ncard containing a photo image of the applicant for use in securing\nmedical assistance under this title provided, however, that an\nidentification card need not contain a photo image of a person other\nthan an adult member of an eligible household or a single-person\neligible household. The department is not required to provide, but shall\nseek practical methods for providing, a card with such picture to a\nperson when such person is homebound or is a resident of a residential\nhealth care facility, or an in-patient psychiatric facility, or is\nexpected to remain hospitalized for an extended period. The commissioner\nshall have the authority to define categories of recipients who are not\nrequired to have a photo identification card where such card would be\nlimited, unnecessary or impracticable.\n  (c) with respect to a person determined eligible for assistance under\nthis title by the federal social security administration under an\nagreement between the department and the secretary of health, education\nand welfare pursuant to section three hundred sixty-three-b of this\ntitle issue a medical assistance identification card which shall be\nvalid for periods determined by the local social services official, but\nnot to exceed six months.\n  4. Every applicant or recipient shall promptly advise the public\nwelfare district of any change in his financial condition or income,\nnumber of wage earners and members in the family unit on such forms and\nin such manner as the department by regulation may prescribe. In the\nevent that any applicant or recipient shall no longer be eligible for\nmedical assistance, he shall promptly return his identification card\nissued pursuant to the provisions of this article to the public welfare\ndistrict.\n  5. (a) All continuing assistance under this title shall be\nreconsidered from time to time, or as frequently as may be required by\nthe regulations of the department. After such further investigation as\nthe social services official may deem necessary or the department may\nrequire, the assistance may be modified or withdrawn if it is found that\nthe recipient's circumstances have changed sufficiently to warrant such\naction. The assistance may be cancelled for cause, and payment thereof\nmay be suspended for cause for such periods as may be deemed necessary,\nsubject to review by the department as provided in section twenty-two of\nthis chapter.\n  (b) The commissioner shall develop a simplified statewide\nrecertification form for use in redetermining eligibility under this\ntitle. The form may include requests only for such information that is:\n  (i) reasonably necessary to determine continued eligibility for\nmedical assistance under this title; and\n  (ii) subject to change since the date of the recipient's initial\napplication.\n  (c) The regulations required by paragraph (a) of this subdivision\nshall provide that:\n  (i) the redetermination of eligibility will be made based on reliable\ninformation possessed or available to the department of health or its\nagent, including information accessed from databases pursuant to\nsubdivision eight of this section;\n  (ii) if the department of health or its agent is unable to renew\neligibility based on available information, the recipient will be\nrequested to supply any such information as is necessary to determine\ncontinued eligibility for medical assistance under this title; and\n  (iii) for persons whose medical assistance eligibility is based on\nmodified adjusted gross income, eligibility must be renewed at least\nonce every twelve months, unless the department of health or its agent\nreceives information about a change in a recipient's circumstances that\nmay affect eligibility.\n  * (d) An in-person interview with the recipient shall not\nautomatically be required as part of a redetermination of eligibility\npursuant to this subdivision unless the department of health determines\notherwise.\n  * NB There are 2 par (d)'s\n  * (d) The commissioner of health shall verify the accuracy of the\ninformation provided by an applicant or recipient by matching it against\ninformation to which the commissioner of health has access, including\nunder subdivision eight of this section. In the event the information\nreported by the recipient is not reasonably compatible with any\ninformation obtained by the commissioner of health from other sources\nand such incompatibility is material to medical assistance eligibility,\nthe commissioner of health shall request that the recipient provide\nadequate documentation to verify his or her place of residence or\nincome, as applicable. In addition to the documentation of residence and\nincome authorized by this paragraph, the commissioner of health is\nauthorized to periodically require a reasonable sample of recipients to\nprovide documentation of residence and income at recertification. The\ncommissioner of health shall consult with the medicaid inspector general\nregarding income and residence verification practices and procedures\nnecessary to maintain program integrity and deter fraud and abuse.\n  * NB There are 2 par (d)'s\n  6. Notwithstanding any other provisions of this chapter or other law,\nthe investigations, decisions and actions required to be made or taken\nby a public welfare official pursuant to this section shall be made or\ntaken only by the chief executive officer of the public welfare\ndepartment of a public welfare district, or by an employee of such\nwelfare department designated by such chief executive officer.\n  7. Local social services districts shall be authorized, with the\napproval of the department, to station local social services employees\nat federal social security offices for the purpose of providing\ninformation and referral services relating to medical assistance to\neligible persons.\n  8. (a) Notwithstanding subdivisions two and five of this section,\ninformation concerning income and resources of applicants for and\nrecipients of medical assistance may be verified by matching client\ninformation with information contained in the wage reporting system\nestablished by section one hundred seventy-one-a of the tax law and in\nsimilar systems operating in other geographically contiguous states, by\nmeans of an income verification performed pursuant to a memorandum of\nunderstanding with the department of taxation and finance pursuant to\nsubdivision four of section one hundred seventy-one-b of the tax law,\nand, to the extent required by federal law, with information contained\nin the non-wage income file maintained by the United States internal\nrevenue service, in the beneficiary data exchange maintained by the\nUnited States department of health and human services, and in the\nunemployment insurance benefits file. Such matching shall provide for\nprocedures which document significant inconsistent results of matching\nactivities. Nothing in this section shall be construed to prohibit\nactivities the department reasonably believes necessary to conform with\nfederal requirements under section one thousand one hundred thirty-seven\nof the social security act.\n  (b) Any verification response by the department of taxation and\nfinance pursuant to paragraph (a) of this subdivision shall not be a\npublic record and shall not be released 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  9. (a) Every applicant for or recipient of medical assistance who has\ndependent children shall be informed in writing at the time of\napplication and at the time of any action affecting his or her receipt\nof such assistance of the availability of:\n  (i) medical assistance without cash assistance under this title;\n  (ii) transitional medical assistance under paragraphs (a), (b) and (c)\nof subdivision four of section three hundred sixty-six of this title;\n  (iii) the expanded eligibility provisions for pregnant women and\nchildren under paragraphs (m), (n), (o), (p) and (q), (s) and (t) of\nsubdivision four of section three hundred sixty-six of this title;\n  (iv) medical assistance for aged, blind or disabled persons under\nsubdivision one of section three hundred sixty-six of this title;\n  (v) family health plus under section three hundred sixty-nine-ee of\nthis article; and,\n  (vi) child health plus under title one-A of article twenty-five of the\npublic health law.\n  (b) Every applicant for or recipient of medical assistance who has no\ndependent children shall be informed in writing at the time of\napplication and at the time of any action affecting his or her receipt\nof such assistance of the availability of:\n  (i) medical assistance without cash assistance under this title;\n  (ii) the expanded eligibility provisions for pregnant women under\nparagraphs (m) and (o) of subdivision four of section three hundred\nsixty-six of this title;\n  (iii) medical assistance for aged, blind or disabled persons under\nsubdivision one of section three hundred sixty-six of this title; and,\n  (iv) family health plus under section three hundred sixty-nine-ee of\nthis article.\n  (10) As a condition for the provision of medical assistance for\nnursing facility services, the application of an individual for such\nassistance, including any recertification of eligibility for such\nassistance, shall disclose a description of any interest the individual\nor community spouse has in an annuity or similar financial instrument,\nregardless of whether the annuity is irrevocable or is treated as an\nasset. Such application or recertification form shall include a\nstatement that the state of New York becomes a remainder beneficiary\nunder such annuity or similar financial instrument by virtue of the\nprovision of such medical assistance.\n  11. (a) Notwithstanding any inconsistent provision of law, rule or\nregulation, the commissioner of health is authorized to (i) establish\nstandards and procedures for express lane enrollment and renewal\nimplemented in accordance with section 1902(e)(13) of the federal social\nsecurity act, including but not limited to reliance on a finding made by\nan express lane agency, as defined in section 1902(e)(13)(F) and (H) of\nthe federal social security act, to determine whether a child meets one\nor more of the eligibility criteria for medical assistance; (ii) specify\nsuch standards and procedures in the medical assistance state plan\nestablished under title XIX of the federal social security act; and\n(iii) waive any information and documentation requirements set forth in\nthis section necessary to implement express lane eligibility; provided,\nhowever, information and documentation required pursuant to section one\nhundred twenty-two of this chapter may not be waived.\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 section one hundred twenty-two of this\nchapter.\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  (d) For purposes of a medical assistance eligibility determination\nmade in accordance with this subdivision, a child shall be deemed to\nsatisfy the income eligibility criteria for medical assistance if an\nexpress lane agency, as defined in section 1902(e)(13)(F) and (H) of the\nfederal social security act and specified in the standards and\nprocedures established pursuant to paragraph (a) of this subdivision,\nhas determined that: the child's family has income that does not exceed\na screening threshold amount, as determined by the commissioner of\nhealth, equal to a percentage of the federal poverty line (as defined\nand annually revised by the United States department of health and human\nservices) that exceeds by thirty percentage points the highest income\neligibility level applicable to a family of the same size under the\nmedical assistance program.\n  12. The commissioner shall develop expedited procedures for\ndetermining medical assistance eligibility for any medical assistance\napplicant with an immediate need for personal care or consumer directed\npersonal assistance services pursuant to paragraph (e) of subdivision\ntwo of section three hundred sixty-five-a of this title or section three\nhundred sixty-five-f of this title, respectively. Such procedures shall\nrequire that a final eligibility determination be made within seven days\nof the date of a complete medical assistance application.\n
N.Y. SOS Law § 367-O — New York Code / Act SOS / Article 5 / Title 11 / Section 367-O
Health insurance demonstration programs
Status: in_force

§ 367-o. Health insurance demonstration programs. 1. Notwithstanding\nany inconsistent provision of law, the commissioner of health is\nauthorized to establish one or more demonstration programs for the\npurposes of providing additional knowledge and experience in mechanisms\nto provide, maintain or subsidize health insurance coverage for\nunemployed and underemployed health care workers.\n  2. Health insurance continuation demonstration.  (a) The commissioner\nof health is hereby authorized to establish mechanisms to improve the\nprocess of authorizing medical assistance payment of health insurance\npremiums, pursuant to paragraph (c) of subdivision one of section three\nhundred sixty-seven-a of this title, on behalf of personal care and home\nhealth care workers who reside in any city with a population of one\nmillion or more and any county with a population of nine hundred\nthousand or more if such city or county is located within the\nmetropolitan commuter transportation district created pursuant to\nsection twelve hundred sixty-two of the public authorities law, and\nwhose employment is irregular, episodic, or cyclical, and whose health\ninsurance coverage therefore is frequently disrupted.  Notwithstanding\nthe provisions of section three hundred sixty-five of this title, the\ncommissioner of health shall exercise discretion to determine whether\nmedical assistance payment of such premiums is cost effective. If the\ncommissioner of health determines that the test of cost effectiveness of\ninsurance premiums is based on other than a case-by-case basis, no\nmedical assistance payment for such premiums will be made until the\ncommissioner of health obtains all necessary approvals under federal law\nand regulation to receive federal financial participation in the costs\nof such medical assistance.\n  (b) The commissioner of health is authorized in consultation with the\nsuperintendent of financial services to require group health insurance\nplans and employer-based group health plans to report to the department\nor its designee, insofar as such reporting does not violate any\nprovisions of the federal Employee Retirement Income Security Act of\n1974 (ERISA), at such times and in such manner as the commissioner of\nhealth shall decide, any information needed to operate such a\ndemonstration project, including, but not limited to, the number of\npersons in such plans who become ineligible each month for the\ncontinuation coverage described in paragraph (a) of this subdivision. In\naddition, every health maintenance organization certified under article\nforty-four of the public health law and every insurer licensed by the\nsuperintendent of financial services shall submit reports to the\nsuperintendent and to the commissioner of health in such form and at\nsuch times as may be required to implement the provisions of this\nsubdivision.\n  3. Rate incentive demonstration.  With respect to a demonstration\nprogram authorized by subdivision one of this section, the commissioner\nof health may solicit and accept applications for participation in the\ndemonstration program from any employer, or group of employers, of\npersonal care workers or home health workers, who are employed in any\ncity with a population of one million or more and any county with a\npopulation of nine hundred thousand or more if such city or county is\nlocated within the metropolitan commuter transportation district created\npursuant to section twelve hundred sixty-two of the public authorities\nlaw, and whose employers provide services primarily to medical\nassistance recipients, if the following conditions are met:\n  (a) at least fifty percent of the persons receiving services from such\nemployers are recipients of medical assistance;\n  (b) the employer contributes to a group health insurance plan or\nemployer based group health plan on behalf of such employees; and\n  (c) no benefits are provided under the group health insurance plan or\nemployer based group health plan in excess of the benefits provided to\nthe majority of hospital workers in the community in which the personal\ncare and home health care workers are employed. The commissioner of\nhealth is authorized to add up to fifty-eight million dollars per year\nfor the period January first, two thousand through December\nthirty-first, two thousand two, and up to one hundred sixty-three\nmillion dollars per year for the period January first, two thousand\nthree through June thirtieth, two thousand seven, to rates of payment\nfor qualifying personal care providers and certified home health\nagencies who are approved to participate in the demonstration program.\nThe commissioner may modify the amounts made available for any specific\nannual period so long as the total amount made available for the period\nof the demonstration is not exceeded.\n  3-a. (a) Notwithstanding subdivision three of this section or any\nother contrary provision of law and subject to the availability of\nfederal financial participation, the commissioner of health shall, for\nperiods on and after July first, two thousand seven through March\nthirty-first, two thousand eight, and within amounts appropriated,\nadjust rates of payments for certified home health agencies and\nproviders of personal care services who, (i) are located in a city with\na population of over one million persons, or in a county with a\npopulation of over nine hundred thousand persons if such county is\nlocated within the metropolitan commuter transportation district created\npursuant to section twelve hundred sixty-two of the public authorities\nlaw; and (ii) provide more than fifty percent of their total annual\nhours of home care services to recipients of medical assistance; and\n(iii) contribute, as of July first, two thousand seven, to a group\nhealth insurance plan or employer based group health plan on behalf of\ntheir employees.\n  (b) Payments made pursuant to this subdivision to eligible providers\nshall be made proportionally in the form of an add-on to rates of\npayment, based on each eligible provider's most currently available\ntotal annual hours of home care services, as reported to the department,\nprovided to recipients of medical assistance.\n  (c) Providers which have their rates of payment adjusted pursuant to\nthis subdivision shall use such funds solely for the purpose of\nsupporting health insurance coverage for their employees and are\nprohibited from using such funds for any other purpose. The commissioner\nof health is authorized to audit such providers for the purpose of\nensuring compliance with the provisions of this paragraph and shall\nrecoup any funds determined to have been used for purposes other than as\nauthorized by this subdivision.\n  4. Notwithstanding any other law, rule or regulation to the contrary,\nany subscriber contract issued by an organization certified pursuant to\narticle forty-four of the public health law may, for purposes of\nimplementation of the demonstration authorized by subdivision three of\nthis section, be issued on an experience rated basis.\n  5. Between January first, two thousand and December thirty-first, two\nthousand two, the state share amount for all demonstrations pursuant to\nthis section shall be no more than twenty-seven million dollars per\ntwelve month period if averaged over the term of the demonstration; and\nbetween January first, two thousand three and June thirtieth, two\nthousand seven, the state share amount for all demonstrations pursuant\nto this section shall be no more than sixty-nine million dollars per\ntwelve month period if averaged over the term of the demonstration and\nbetween July first, two thousand seven and March thirty-first, two\nthousand eight, the state share of medical assistance payments\nauthorized in accordance with subdivision two of this section shall not\nexceed two million eight hundred fifty thousand dollars.\n
N.Y. PBA Law § 1270 — New York Code / Act PBA / Article 5 / Title 11 / Section 1270
Reserve funds and appropriations
Status: in_force

§ 1270. Reserve funds and appropriations. The authority may create and\nestablish one or more reserve funds in accordance with agreements with\nbondholders, noteholders or the holders of other obligations of the\nauthority and may pay into such reserve funds (a) any monies\nappropriated and made available by the state for the purposes of such\nfunds, (b) any proceeds of sale of notes, bonds or other obligations to\nthe extent provided in the resolution of the authority authorizing the\nissuance thereof, and (c) any other monies which may be made available\nto the authority for the purpose of such funds from any other source or\nsources. In lieu thereof, the authority may provide for the deposit\ntherein of, or substitute for moneys on deposit therein, a liquidity or\ncredit facility, surety bond or other similar agreement.\n
N.Y. SOS Law § 366-F — New York Code / Act SOS / Article 5 / Title 11 / Section 366-F
Persons acting in concert with a medical assistance provider; prohibited practices
Status: in_force

§ 366-f. Persons acting in concert with a medical assistance provider;\nprohibited practices.\n  1. No person acting in concert with a medical assistance provider\nshall, with intent to defraud:\n  (a) solicit, receive, accept or agree to receive or accept any payment\nor other consideration in any form from another person to the extent\nsuch payment or other consideration is given (i) for the referral of\nservices for which payment is made under this title or (ii) to purchase,\nlease or order any good, facility, service or item for which payment is\nmade under this title; or\n  (b) offer, agree to give or give any payment or other consideration in\nany form to another person to the extent such payment or other\nconsideration is given (i) for the referral of services for which\npayment is made under this title; or (ii) to purchase, lease or order\nany good, facility, service or item for which payment is made under this\ntitle;\n  (c) this subdivision shall not apply to any activity specifically\nexempt by federal statute or federal regulations promulgated thereunder.\n  2. As used in this section, "person" shall have the meaning set forth\nin subdivision seven of section 10.00 of the penal law.\n  3. A violation of the provisions of this section is a misdemeanor\npunishable by:\n  (a) a term of imprisonment in accordance with the penal law; or\n  (b) a fine of not more than ten thousand dollars; or\n  (c) if the defendant has obtained money or property through a\nviolation of the provisions of this section, a fine in an amount, fixed\nby the court, not to exceed double the amount of the defendant's gain\nfrom a violation of such provisions. In such event, the provisions of\nsubdivision three of section 80.00 of the penal law shall be applicable\nto the sentence; or\n  (d) both the imprisonment and the fine.\n  4. Any such person who violates the provisions of this section and\nthereby obtains money or property having a value in excess of seven\nthousand five hundred dollars shall be guilty of a class E felony.\n
N.Y. VAT Law § 2406 — New York Code / Act VAT / Title 11 / Article 48-C / Section 2406
Equipment
Status: in_force

§ 2406. Equipment. 1. No person shall operate an ATV unless it is\nequipped with:\n  (a) brakes in good operating condition;\n  (b) a muffler system in good operating condition which meets federal\nstandards as established in 40 CFR (Code of Federal Regulations) Part\n205.166, sub Part E;\n  (c) a spark arrester approved by the United States Forest Service;\n  (d) tires having at least two-thirty seconds of an inch of tread with\nno visible breaks, cuts, exposed cords, bumps or bulges;\n  (e) a lighted white headlight approved by the commissioner and a\nlighted red taillight approved by the commissioner when operated for\none-half hour after sunset to one-half hour before sunrise.\n  2. No person shall operate an ATV or ride as a passenger on an ATV\nunless he is wearing a protective helmet of a type approved by the\ncommissioner pursuant to subdivision six of section three hundred\neighty-one of this chapter.\n  3. No person shall operate an ATV:\n  (a) on a highway with tires equipped with any studs other than\nautomotive studs;\n  (b) except as an authorized emergency ATV, police, or civil defense\nATV as an emergency vehicle, while displaying one or more lighted red or\na combination red or white lights which are revolving, rotating,\nflashing, oscillating or constantly moving;\n  (c) as an authorized emergency ATV or civil defense ATV, as an\nemergency vehicle unless it is equipped with one or more lighted, red or\ncombination red or white light or lights which is or are revolving,\nrotating, flashing, oscillating or constantly moving and which has or\nhave minimum candle power of sufficient intensity to be plainly visible\nfrom a distance of five hundred feet in all directions under normal\natmospheric conditions.\n
N.Y. SOS Law § 369-CC — New York Code / Act SOS / Article 5 / Title 11-C / Section 369-CC
Retrospective and prospective drug utilization review
Status: in_force

§ 369-cc. Retrospective and prospective drug utilization review. The\ndepartment, in cooperation with the DUR board, shall include in its\nstate plan the creation and implementation of a retrospective and\nprospective DUR program for medicaid outpatient drugs to ensure that the\nprescriptions are appropriate, medically necessary, and not likely to\nresult in adverse medical outcomes.\n  1. The retrospective and prospective DUR program shall be operated\nunder the guidelines and procedures established by the DUR board.\n  2. The retrospective DUR program shall be based on the guidelines\nestablished by the DUR board and shall use the mechanized drug claims\nprocessing and information retrieval system to analyze claims data to:\n  (a) Identify patterns of gross overuse, and inappropriate or medically\nunnecessary care.\n  (b) Assess data on drug use against explicit predetermined standards\nthat are based on the compendia and other sources to monitor the\nfollowing:\n  (i) Therapeutic appropriateness;\n  (ii) Overutilization or underutilization;\n  (iii) Therapeutic duplication;\n  (iv) Drug-disease contraindications;\n  (v) Drug-drug interactions;\n  (vi) Incorrect drug dosage or duration of drug treatment; and\n  (vii) Clinical abuse/misuse.\n  3. The prospective DUR program shall be based on the guidelines\nestablished by the DUR board not in conflict with education or social\nservices laws and shall provide that prior to the prescription being\nfilled or delivered, a review will be conducted by the pharmacist at the\npoint of sale to screen for potential drug therapy problems resulting\nfrom:\n  (a) Therapeutic duplication;\n  (b) Drug-drug interactions;\n  (c) Incorrect dosage/duration of treatment;\n  (d) Drug-allergy interactions;\n  (e) Clinical abuse/misuse.\nIn conducting the prospective DUR, the pharmacist may not alter the\nprescribed outpatient drug therapy without the consent of the prescriber\nwho prescribed that therapy.\n  4. (a) The commissioner, through the prospective DUR program, may\nrequire step therapy when there is more than one drug appropriate to\ntreat a medical condition. The purpose of step therapy is to encourage\nthe use of medically appropriate, cost effective drugs when clinically\nindicated and to limit use of alternative drug therapies unless certain\nclinical requirements are met. The DUR board shall recommend guidelines\nfor specific diagnoses and therapy regimens within which practitioners\nmay prescribe drugs without the requirement for prior authorization of\nthose drugs. In establishing these guidelines, the board shall consider\nclinical effectiveness, safety, and cost effectiveness. Prior\nauthorization under this paragraph shall be obtained under section two\nhundred seventy-three of the public health law.\n  (b) The commissioner, through the prospective DUR program, may from\ntime to time limit the quantity, frequency, and duration of drug\ntherapy, using guidelines developed by the DUR board. The DUR board\nshall develop clinical prescribing guidelines relating to quantity,\nfrequency, and duration of drug therapy for the commissioner's use under\nthis paragraph. In establishing these guidelines, the board shall\nconsider clinical effectiveness, safety, and cost effectiveness. Prior\nauthorization under this paragraph shall be obtained under section two\nhundred seventy-three of the public health law. Exceptions to any prior\nauthorization imposed as a result of these guidelines shall include, but\nneed not be limited to, provision for emergency circumstances where a\nmedical condition requires alleviation of severe pain or which threatens\nto cause disability or to take a life if not promptly treated.\n