NY Pub Health L § 206 (2021)
2021 New York Laws PBH - Public Health Article 2 - The Department of Health Title 1 - Officers and Employees 206 - Commissioner; General Powers and Duties.

§  206.  Commissioner;  general powers and duties. 1. The commissioner shall:  (a) take cognizance of the interests of health and life of the  people of  the  state,  and  of all matters pertaining thereto and exercise the functions, powers and duties of the department prescribed by law;  (b) exercise general supervision over the work of all local boards  of health and health officers, unless otherwise provided by law;  (c)  exercise general supervision and control of the medical treatment of patients in the state institutions, public health centers and clinics in the department;  (d) investigate the causes  of  disease,  epidemics,  the  sources  of mortality,   and   the  effect  of  localities,  employments  and  other conditions, upon the public health;  (e)  obtain,  collect  and  preserve  such  information  relating   to marriage,  birth,  mortality, disease and health as may be useful in the discharge of his duties or may contribute to the promotion of health  or the  security  of life in the state; establish rules and regulations for the determination of asymptomatic conditions including, but not  limited to  RH  sensitivity,  anemia,  sickle  cell  anemia, cooley's anemia and venereal disease;  (f)  enforce  the  public  health  law,  the  sanitary  code  and  the provisions of the medical assistance program, or its successor, pursuant to  titles  eleven, eleven-A and eleven-B of the social services law, as amended by this chapter;  (g) cause to be made from time to time examinations and inspections of the sanitary conditions of each state institution and transmit copies of the reports and  recommendations  thereon  to  the  head  of  the  state department having jurisdiction over the institution examined;  (h)  cause  to be made from time to time, examinations and inspections of all labor camps and enforce  the  provisions  of  the  sanitary  code relating thereto;  (i)  cause to be made, from time to time, examinations and inspections of all Indian reservations, and enforce all provisions of  the  sanitary code relating thereto.  (j)  cause  to be made such scientific studies and research which have for their purpose the reduction  of  morbidity  and  mortality  and  the improvement  of  the  quality  of medical care through the conduction of medical  audits  within  the  state.  In  conducting  such  studies  and research,  the  commissioner  is  authorized to receive reports on forms prepared  by  him  and  the  furnishing  of  such  information  to   the commissioner,  or  his authorized representatives, shall not subject any person, hospital, sanitarium, rest home, nursing home, or  other  person or agency furnishing such information to any action for damages or other relief.  Such  information  when  received  by  the commissioner, or his authorized representatives, shall be kept confidential and shall be used solely for the  purposes  of  medical  or  scientific  research  or  the improvement  of  the  quality  of medical care through the conduction of medical audits. Such information shall not be admissible as evidence  in any action of any kind in any court or before any other tribunal, board, agency, or person.  (k)  notwithstanding  any  other provision of law, with the advice and assistance of the commissioner of  agriculture  and  markets,  establish rules  and  regulations  to  require  such  treatment  of  food  or food products, including the addition or removal of specific  substances,  as may  be  necessary  for  the protection of the public health against the hazards of ionizing radiation.  (l) establish and operate such adult and child  immunization  programs as  are  necessary  to  prevent or minimize the spread of disease and to  protect the public health. Such programs may include  the  purchase  and distribution  of vaccines to providers and municipalities, the operation of public immunization  programs,  quality  assurance  for  immunization related  activities  and  other  immunization  related  activities.  The commissioner may promulgate such regulations as are  necessary  for  the implementation  of  this  paragraph.  Nothing  in  this  paragraph shall authorize mandatory  immunization  of  adults  or  children,  except  as provided  in  sections  twenty-one  hundred  sixty-four  and  twenty-one hundred sixty-five of this chapter.  (m) make such rules and regulations which may be necessary to  require pre-employment  physical  examination and thereafter require such annual examinations of all hospital employees for discovery of tuberculosis and other communicable diseases as he deems necessary  for  the  safety  and well being of the people of the state.  (n)  by  rule  and regulation establish criteria for identification of areas and conditions involving high  risk  of  lead  poisoning,  specify methods   of   detection   of   lead   in  dwellings,  provide  for  the administration of prescribed tests for lead poisoning and the  recording and  reporting  of the results thereof, and provide for professional and public education, as may be necessary for the protection of  the  public health against the hazards of lead poisoning.  (o) establish and publish a list of drug products, each of which shall meet the following conditions:  (1)   The   drug  product  has  been  certified  or  approved  by  the commissioner of the Federal Food and Drug Administration as  being  safe and  effective  for  its  labeled  indications  for  use, and a new-drug application or an abbreviated new-drug application approved pursuant  to the  Federal Food, Drug, and Cosmetic Act is held for such drug product; and   * (2) The commissioner of the Federal Food and Drug Administration has evaluated such drug product as:  (i) pharmaceutically and therapeutically  equivalent  and  has  listed such  drug  product  on  the  list  of  approved drugs products with the therapeutic equivalence evaluations, provided, however,  that  the  list prepared  by  the  commissioner shall not include any drug product which the commissioner  of  the  Federal  Food  and  Drug  Administration  has identified as having an actual or potential bioequivalence problem; or  (ii)  as  an  interchangeable  biological  product and has listed such product on the list of approved drug products with interchangeability.   * NB Effective until October 23, 2022   * (2) The commissioner of the Federal Food and Drug Administration has evaluated such drug  product  as  pharmaceutically  and  therapeutically equivalent  and  has  listed  such  drug product on the list of approved drugs products with the therapeutic equivalence  evaluations,  provided, however,  that  the  list prepared by the commissioner shall not include any drug product which the commissioner of the  Federal  Food  and  Drug Administration   has   identified  as  having  an  actual  or  potential bioequivalence problem.   * NB Effective October 23, 2022  (p) promulgate rules and regulations  establishing  procedures  to  be used  in  implementing  the  provisions  of  article  thirteen-E of this chapter as limited by section thirteen hundred ninety-nine-x of  article thirteen-E  of  this  chapter. Such rules and regulations shall include, but not be limited to, such matters as may be required  to  ensure  that the  established  procedures  thereunder shall at least be in compliance with the relevant provisions of the code of fair procedure set forth  in section seventy-three of the civil rights law.  (q)  have  the  authority  to  carry out the provisions of section one hundred seventy-seven-a of the navigation law.   * (r)  shall  prepare  for publication, and cause to be distributed by general hospitals  to  patients  upon  inpatient  admission,  a  booklet containing  the  information and materials required to be distributed to patients pursuant to this chapter and federal law. Where reasonable  and appropriate,  the  booklet  may  summarize  or  describe information and materials required to be distributed to the patient, and how they may be obtained. The commissioner  shall  prepare  and  distribute  to  general hospitals physical, electronic or other materials from which the booklet can  be produced. The commissioner shall revise and update such prepared booklet on a timely basis to reflect any changes in patient  information and materials required to be distributed pursuant to law.   * NB There are 2 par. (r)'s   * (r)  by  rule  and  regulation,  establish  standards  necessary and appropriate for the implementation of item (ii) of clause (a) of section three hundred twenty-two-c of the general business law. Such  rules  and regulations  shall be approved by the New York state fire prevention and building code council.   * NB There are 2 par. (r)'s  (s) issue a readiness report to the legislature, detailing the  status of  the  statewide health benefit exchange, state enrollment center, and state Medicaid  enrollment  center  established  under  executive  order number  forty-two  of  two  thousand  twelve,  by  August thirtieth, two thousand thirteen. The readiness report may be  provided  in  electronic format  and  shall  be  distributed  to  the  temporary president of the senate, the speaker of the assembly, the chair of  the  senate  standing committee on health, and the chair of the assembly health committee. The readiness  report  shall  outline  the  progress and preparedness of the health benefit exchange, state enrollment  center,  and  state  Medicaid enrollment  center and detail how the exchange, state enrollment center, and state Medicaid enrollment center will  carry  out  their  respective functions including but not limited to:  (i) the process by which the health benefit exchange, state enrollment center,  and  state  Medicaid  enrollment  center  will  begin accepting applications on October first, two thousand thirteen;  (ii)  the  process  by  which  the  health  benefit  exchange,   state enrollment  center,  and  state  Medicaid enrollment center will certify qualified health plans;  (iii) the anticipated cost of individual and small group  plans  being offered in the health benefit exchange;  (iv) the number of navigators approved;  (v)  the  plan  for  full  operation  by  January  first, two thousand fourteen; and  (vi) the plan to become fiscally self-sustaining by January first, two thousand fifteen.  (t) The department shall submit as part of its annual report  prepared pursuant  to  section one hundred sixty-four of the executive law, which may  be  submitted  in  electronic  format,  comprehensive   information including,   but   not   limited  to,  a  detailed  description  of  the department's mission,  priorities  and  goals  for  the  upcoming  year, achievements of the past year, and any relevant data and statistics.  (u) The commissioner shall provide a written or electronic copy of any state  plan amendment submitted to the centers for Medicare and Medicaid services to the chair of the senate standing committee on health and the chair of the assembly health committee, no later than five business days from the date of mailing or submission.    * (v) require, in consultation and cooperation with the superintendent of financial services, that every individual applying  for  health  care coverage  through the state health benefit exchange established pursuant to  the  federal  Patient  Protection  and  Affordable  Care  Act  (P.L. 111-148),   as   amended  by  the  federal  Health  Care  and  Education Reconciliation Act of 2010 (P.L. 111-152), be  provided  space  so  that such applicant may register in the "donate life registry" for organ, eye and  tissue  donations  under  section  forty-three  hundred ten of this chapter with the following stated in clear conspicuous type:   "Would you like to be added to the Donate Life Registry? Check box for 'yes' or 'skip this question'."   The commissioner shall not maintain records of any person  who  checks "skip  this question". Except where the application is made in person or electronically, failure to check a box shall not impair the validity  of an  application,  and  failure  to  check  "yes"  or checking "skip this question" shall not be construed to imply a wish not to donate.  In  the case  of  an applicant under eighteen years of age, checking "yes" shall not constitute consent to make an anatomical gift or registration in the donate life registry. Where an applicant  has  previously  consented  to make  an  anatomical  gift  or  registered  in the donate life registry, checking "skip this question" or failing to check a box shall not impair that consent or registration.   * NB There are 2 par (v)'s   * (v) by rule and regulation, cause the distribution  of  crib  safety information.  (1) The commissioner shall require that every hospital and birth center distribute at  the  time  of  discharge  directly  to  each maternity   patient   and,  upon  request,  to  the  general  public  an informational leaflet concerning crib  safety.  Such  leaflet  shall  be designed  by  the  commissioner  in conjunction with the director of the division of consumer protection, on behalf of  the  consumer  protection division,   and   shall  contain  information  detailing  safe  sleeping procedures for babies,  crib  product  recalls  and  disclosure  of  the federal standards on the manufacture and sale of cribs.  (2)  Such  leaflet  shall  be  made  available  to hospitals and birth centers by the department on  its  website  and  shall  be  provided  in English,  as  well as the top six languages other than English spoken in the state according to the latest available data from the United  States Bureau of Census.  (3)  Hospital  staff shall inquire whether the maternity patient has a new crib available for any newborns. If the maternity  patients  do  not have  a  new  crib  available,  hospital staff shall provide information about where to obtain a new crib, including  social  services  agencies, non-profit service providers or other relevant organizations.   * NB There are 2 par (v)'s   2.  The  commissioner  and any person authorized by him so to do, may, without fee  or  hindrance,  enter,  examine  and  survey  all  grounds, erections, vehicles, structures, apartments, buildings and places.   3.  The  commissioner may, on behalf and in the interest of the health of the people of the state enter into such contracts or agreements  with individuals,   colleges,   universities,   associations,   corporations, municipalities and other units of government as may be deemed  necessary and advisable to carry out the general intent and purposes of the public health law and the sanitary code. Such contracts may provide for payment by  the  state,  within  the  limit  of  funds available, for materials, equipment or services.   4. The commissioner may:  (a) issue subpoenas, compel the attendance  of  witnesses  and  compel them  to  testify  in  any matter or proceeding before him, and may also  require a witness to attend and give testimony  in  a  county  where  he resides or has a place of business without the payment of any fees;  (b)  annul  or  modify  an order, regulation, by-law or ordinance of a local board of health concerning a matter which in his judgment  affects the  public  health  beyond the territory over which such local board of health has jurisdiction;  (c) assess any penalty prescribed for a violation of or a  failure  to comply  with  any  term  or  provision  of this chapter or of any lawful notice, order or regulation pursuant thereto, not exceeding two thousand dollars for every such  violation  or  failure,  which  penalty  may  be assessed after a hearing or an opportunity to be heard;  (d)  assess  civil  penalties  against  a  public  water  system which provides water to the public for  human  consumption  through  pipes  or other  constructed conveyances, as further defined in the state sanitary code or, in the case  of  mass  gatherings,  the  person  who  holds  or promotes  the  mass  gathering as defined in subdivision five of section two hundred twenty-five  of  this  article  not  to  exceed  twenty-five thousand  dollars  per  day,  for each violation of or failure to comply with any term or provision of the state sanitary code as it  relates  to public  water  systems  that serve a population of five thousand or more persons or any mass gatherings, which penalty may be  assessed  after  a hearing or an opportunity to be heard.   5.   Subject   to  the  provisions  of  the  state  finance  law,  the commissioner is authorized to take, and administer  for  the  state  any grant,  gift  or bequest to be applied, principal or income or both, for the purposes specified in such grant, to the maintenance and use of  any hospital, institution or service in the department.   6. The commissioner may enter into contracts:  (a)  with  corporations  duly  licensed  in  the  state of New York to transact the business of accident and health  insurance  to  provide  to sick  and  disabled  persons  insured  by them such home care, including nursing and other paramedical services (excluding physicians'  services) as may be needed by them;  (b)  with  hospital  service  corporations  organized and operating in accordance with article forty-three of the insurance law to  provide  to their subscribers nursing service and such other paramedical services as would have been available in a hospital (excluding physicians' services) at  rates  which shall prior to payment be approved as to reasonableness by the superintendent of financial services;  (c) with any municipal corporation or local, state or  federal  agency to  provide  such  home  care,  including  nursing and other paramedical services (excluding physicians' services) as may be needed by  sick  and disabled persons;  (d)   with   medical  expense  indemnity  corporations  organized  and operating in accordance with article forty-three of the insurance law to provide their subscribers with such home  care,  including  nursing  and other  paramedical  services,  as  may  be needed by them at rates which shall  prior  to  payment  be  approved  as  to  reasonableness  by  the superintendent of financial services; and  (e) with any non-profit corporation, agency or association established for  the purpose of improvement of health services or for the purpose of providing home care for sick and disabled persons, including nursing and other paramedical services (excluding physicians' services)  as  may  be needed by such persons.   Such  services  may  be  provided  by the state health commissioner by subcontract  with  a  city  or  county  rendering  nursing   and   other paramedical   services   or   any   non-profit  corporation,  agency  or association established for the purpose of  the  improvement  of  health  services or for the purpose of providing home care for sick and disabled persons  including  nursing  and  other  paramedical services (excluding physicians' services).   The  state  health commissioner shall establish the fees to be charged for such services to be rendered pursuant to such  contracts  and,  upon receipt of such fees, shall remit the same to the comptroller.   7.   The  commissioner  may  establish  fees  for  nursing  and  other paramedical services (excluding physicians' services) rendered to people sick at home.   Such services may be provided by the state health commissioner  or  by subcontract   with   a  city  or  county  rendering  nursing  and  other paramedical  services  or  any  non-profit   corporation,   agency,   or association  established  for  the  purpose of the improvement of health services or for the purpose of providing home care for sick and disabled persons including nursing  and  other  paramedical  services  (excluding physicians' services).   8.  Whenever,  in  this  chapter,  the commissioner is empowered to or charged with the responsibility  to  do  or  perform  any  act,  he  may deputize  in  writing any officer or employee in the department to do or perform the act in his place and stead.   9. The commissioner may deputize in writing any local  health  officer to   do   or   perform   in   his  place  and  stead  those  duties  and responsibilities charged upon the commissioner by paragraphs  (d),  (g), (h)  and  (i)  of  subdivision  one  of  this  section,  those duties of inspection and enforcement charged upon the commissioner by paragraph  f of subdivision three of section six thousand five hundred fifty-eight of the education law and those duties of inspection and supervision charged upon  the  department by paragraphs (m), (n), (r) and (s) of subdivision one of section two hundred one of this chapter;  provided,  however,  in the  city  of  New  York such deputization shall be subject to the prior approval of the mayor of such city.   10. The commissioner, with the approval of the state director  of  the budget, shall establish and promulgate a schedule of proportional shares for  cost  sharing  under  subdivision  one  of  section  three  hundred sixty-nine-d of the social services law. In developing such a  schedule, the commissioner shall take into consideration various options available for  obtaining  health care services, the availability of such services, and the impact of cost sharing  on  prudent  utilization  and  efficient provision  of  services  without  undue  barriers  to  care  for persons eligible for assistance  under  the  catastrophic  health  care  expense program  established by section three hundred sixty-nine-c of the social services law.   11. The commissioner shall cooperate  with  the  commissioner  of  the state  department  of environmental conservation, district attorneys and the department of law in providing assistance in the  investigation  and prosecutions  of violations of article twenty-seven of the environmental conservation law.   * 12. (a) The commissioner shall establish  and  assess  a  regulatory assessment  fee  which  will  be  charged  to  providers  of health-care services regulated by the department under the  provisions  of  articles twenty-eight,  thirty-six  and  forty-four  of  this  chapter, including health  maintenance  organizations  established  pursuant   to   article forty-three  of  the  insurance  law.  The level of such regulatory fees shall be sufficient to recover the  costs  related  to  regulating  such providers  and  costs related to the establishment and auditing of rates of reimbursement for the state fiscal  year  ending  during  the  annual period in which such fee shall be assessed. Such costs will be certified by  the  director  of  the  budget to the commissioner and shall include  direct and indirect costs. The commissioner, subject to the approval  of the  director  of  the budget, shall develop a means of distributing the assessment of such a fee among the affected health-care providers  based upon  each  provider's proportionate share of the sum of total costs and revenues reported for all such  providers.  For  the  purposes  of  this section,  the  sum  of  total  costs and revenues shall be calculated by including, for the most recent annual period for which certified data is available, total reported  costs  of  a  facility  except  that  amounts included  for  general  hospital  outpatient  and emergency services and treatment or diagnostic center services shall be based upon reported, or in its absence, estimated  revenues,  and  costs  included  for  article forty-four providers, and article forty-three providers of the insurance law  shall  exclude  costs  associated  with  the  purchase of inpatient services.  (b) The fees assessed pursuant to this  subdivision  shall  be  deemed allowable  operating  costs  in the determination of reimbursement rates and charges established pursuant to  articles  twenty-eight,  thirty-six and  forty-four of this chapter and article forty-three of the insurance law. The costs incurred for this purpose during a given rate year  shall be  included  in  the respective reimbursement rates for each such year. Charges established pursuant to subdivisions six and thirteen of section twenty-eight hundred seven-a of this chapter shall also be permitted  to increase  to  include the annual costs associated with the assessment of such fee. The cost of such fee shall not  be  subject  to  reimbursement ceilings  or other penalties used by the commissioner for the purpose of establishing rates of reimbursement pursuant to  articles  twenty-eight, thirty-six and forty-four of this chapter and article forty-three of the insurance   law.   Whenever   an   adjustment  in  such  fees  is  made, reimbursement rates shall also be adjusted to include  the  increase  or decrease in costs associated with such assessment fee.  (c)  There  is  hereby created and established in the joint custody of the comptroller and the commissioner of taxation and finance an  account to  be  known  as  the  health  care regulatory account. Notwithstanding section one hundred twenty-one of the state finance law or any other law to the contrary, the commissioner shall pay to the state  treasurer  for deposit  into such account any revenues received from the regulatory fee or amounts withheld pursuant to paragraph (d) of this  subdivision.  The commissioner  shall establish by regulation a schedule of payments which to the extent practicable shall reflect the timeliness of  reimbursement received  by  providers  for  the  cost  of  such  fee and define timely payments  of  the  regulatory  assessment  fee  for  the   purposes   of implementing  paragraph  (d)  of  this subdivision. Payments established pursuant to this paragraph shall not be due  until  reimbursement  rates established pursuant to articles twenty-eight, thirty-six and forty-four of  this  chapter  and  article  forty-three  of  the  insurance law are adjusted to include the annual cost of such fee. The fee may be adjusted by the commissioner at any time, but in no event shall the  fees  exceed the amount appropriated for transfer to the general fund from the health care regulatory account.  (d) Upon receipt of notification from the commissioner or the director of  the  budget,  the comptroller or a fiscal intermediary designated by the director of the budget shall withhold from the amount of any payment to be made by the state to a provider enumerated  in  paragraph  (a)  of this  subdivision  the  amount  of  such  arrearage  resulting from such provider's failure to make a timely payment of the regulatory assessment fee in accordance with the schedule  promulgated  by  the  commissioner. Upon  withholding  such  amount,  the comptroller or a designated fiscal intermediary shall pay the commissioner such amount withheld.    * NB (Effective pending Federal Government Ruling)   * 13. (a) The commissioner shall establish and assess a fee which will be  charged  to  providers  of  health-care  services  regulated  by the department under the provisions of articles twenty-eight, thirty-six and forty-four of this chapter, including health  maintenance  organizations established  pursuant  to  article forty-three of the insurance law. The level of such fee shall be sufficient to recover  the  costs  of  making grants  to  health  systems  agencies  and  to match other contributions pursuant to subdivision (g) of section two thousand nine hundred  four-b of  this  chapter  (the  health  systems  agency fee). The commissioner, subject to the approval of the director of the budget, shall  develop  a means  of  distributing  the  assessment  of  the fee among the affected health-care providers based upon each provider's proportionate share  of the sum of total costs and revenues reported for all such providers. For the  purposes of this section, the sum of total costs and revenues shall be calculated by including, for the most recent annual period for  which certified  data  is available, total reported costs of a facility except that amounts included for  general  hospital  outpatient  and  emergency services and treatment or diagnostic center services shall be based upon reported,  or  in its absence estimated revenues, and costs included for article forty-four providers and article forty-three  providers  of  the insurance  law,  shall  exclude  costs  associated  with the purchase of inpatient services. The fee shall not exceed one-tenth of one percent of the total costs or revenues reported by such provider. There  is  hereby created  and established in the joint custody of the comptroller and the commissioner of taxation and finance an  account  to  be  known  as  the health  systems  agency  account.  Notwithstanding  section  one hundred twenty-one of the state finance law, or any other law to  the  contrary, the  commissioner shall pay to the state treasurer for deposit into such account any revenues received from the health  systems  agency  fees  or amounts  withheld  pursuant  to  paragraph  (c)  of this subdivision for health systems agency fee obligations into  the  health  systems  agency account. The monies deposited to the health systems agency account shall be   used  to  make  grants  to  health  systems  agencies  pursuant  to subdivision (f) of section twenty-nine hundred four-b  of  this  chapter and  to  match  contributions pursuant to subdivision (g) of section two thousand nine hundred four-b of this  chapter.  The  commissioner  shall establish  by  regulation  a  schedule  of  payments which to the extent practicable shall reflect the timeliness of  reimbursement  received  by providers  for  the cost of such fee and a definition of timely payments for the purposes of implementing paragraph (c) of this  subdivision.  No payment  shall  be due until reimbursement rates established pursuant to articles twenty-eight, thirty-six and forty-four  of  this  chapter  and article  forty-three  of  the  insurance law are adjusted to include the costs of the fee. The fee may be adjusted by  the  commissioner  at  any time,  but in no event shall the fees exceed the limitation set forth in this paragraph.  (b) The fees assessed pursuant to this  subdivision  shall  be  deemed allowable  operating  costs  in the determination of reimbursement rates and charges established pursuant to  articles  twenty-eight,  thirty-six and  forty-four of this chapter and article forty-three of the insurance law. The costs incurred for this purpose during a given rate year  shall be  included  in  the respective reimbursement rates for each such year. Charges established pursuant to subdivisions six and thirteen of section twenty-eight hundred seven-a of this chapter shall also be permitted  to increase  to  include the annual costs associated with the assessment of such fee. The cost of such fee shall not  be  subject  to  reimbursement ceilings  or other penalties used by the commissioner for the purpose of  establishing rates of reimbursement pursuant to  articles  twenty-eight, thirty-six and forty-four of this chapter and article forty-three of the insurance   law.   Whenever   an   adjustment  in  such  fees  is  made, reimbursement  rates  shall  also be adjusted to include the increase or decrease in costs associated with such fee.  (c) Upon receipt of notification from the commissioner or the director of the budget, the comptroller or a fiscal  intermediary  designated  by the director of the budget shall withhold from the amount of any payment to  be  made  by  the state to a provider enumerated in paragraph (a) of this subdivision the  amount  of  such  arrearage  resulting  from  such provider's  failure  to  make  a timely payment of the fee in accordance with the schedule promulgated by the commissioner. Upon withholding such amount, the comptroller or a designated fiscal  intermediary  shall  pay the commissioner such amount withheld.   * NB (Effective pending Federal Government Ruling)   14.  (a)  Notwithstanding  section  one  hundred  twelve  of the state finance law  or  any  other  provision  of  law  to  the  contrary,  the commissioner  is  authorized  to establish a plan for the collection and disbursement of clinical practice income  resulting  from  the  clinical practice  of  licensed  health  professionals  employed  by Roswell Park Cancer Institute.  (b) For the purposes of this subdivision  the  following  words  shall have the following meanings:  (i)  "clinical  practice"  means  providing  all  forms of medical and health care, including patient consultations,  and  performing  clinical investigation  involving  patients,  at  or  through Roswell Park Cancer Institute, for which acts a fee for professional service is  customarily charged.  (ii)  "clinical  practice  income"  means  the  income  from  fees for services of licensed health professionals rendered  in  connection  with clinical practice.  (iii) "clinical practice plan" means a facility-based plan established to provide for the management, including collection and disbursement, of clinical  practice  income,  subject  to  direction  by a facility-based governing board.  (c) The commissioner  is  authorized  to  promulgate  such  rules  and regulations  as  may  be  necessary  to implement the provisions of this subdivision. Such rules shall include, but not be limited  to,  criteria for   participation   in  the  clinical  practice  plan,  including  who contributes and who may receive income from the plan, the  purposes  for which  such income may be disbursed, the maximum allowable compensation, the fringe benefits provided by the plan, provision  for  an  accounting system  for  recording  all receipts and disbursements of fees received, and provision for fiscal reports to the commissioner and an annual audit of such accounts by the state and/or an independent auditor.   Notwithstanding any law, rule  or  regulation  to  the  contrary,  the commissioner  may  determine  the  fringe benefits to be provided to the clinical practice plan members from clinical  practice  income  and  may authorize  the  expenditure of clinical practice income for this purpose or to supplement fringe benefits provided from state appropriations.  (d)  Any  clinical  practice  plan  established   pursuant   to   this subdivision  shall  not  restrict  the  authority  of the comptroller in paragraph (c) of subdivision two of section four hundred  nine  of  this chapter  to maintain at all times on deposit in the department of health income fund established pursuant to section four hundred  nine  of  this chapter  the  aggregate  amount of money needed by the department during six calendar months to comply  in  full  with  all  obligations  of  the  department under the terms of every lease, sublease, or agreement of the department with the dormitory authority which is then in effect.  (e)  Employees  with a faculty appointment participating in a clinical practice plan at Roswell Park Cancer Institute established  pursuant  to subdivision  fourteen of section two hundred six of this chapter who are eligible to participate in the  New  York  state  employees'  retirement system may elect, within ninety days of becoming eligible to participate in  such system, in lieu of participating in such system, to participate in the optional retirement program available to employees of  the  state university of New York pursuant to article eight-B of the education law, subject  to  the  terms  and  conditions  of  that  article  and  to the provisions of the retirement and social security law.   * 15. Notwithstanding any other provision of law to the contrary,  the commissioner is authorized to establish a statewide in-line skate, skate board,  and  bicycle helmet public education and awareness program and a statewide in-line skate, skate board, and  bicycle  helmet  distribution program.  The  purpose  of the statewide in-line skate, skate board, and bicycle helmet public education and awareness program is  to  provide  a plan  for  the coordination of county, city, town and village efforts to reduce in-line skate, skate board,  and  bicycle  related  injuries  and fatalities. The purpose of the statewide in-line skate, skate board, and bicycle  helmet  distribution  program  is  to  provide  a  plan for the coordination of county, city, town and  village  efforts  to  distribute helmets  to  persons  who  can  demonstrate  an  economic  hardship that precludes them from purchasing such helmet. The commissioner shall  make all  necessary efforts to ensure that an in-line skate, skate board, and bicycle helmet distribution program is instituted in each county of  the state.  The  commissioner  is  authorized  to  promulgate such rules and regulations as may be necessary to  implement  the  provisions  of  this subdivision.   * NB There are 3 sub. 15's   * 15.  (a)  The  commissioner  shall  promulgate rules and regulations which establish:  (i) procedures to review and approve rape crisis programs that provide training to rape crisis counselors as defined in section  four  thousand five hundred ten of the civil practice law and rules;  (ii) minimum training standards for rape crisis counselors;  (iii)  procedures  to  enable approved rape crisis programs to certify current  and  future  rape  crisis   counselors,   including   volunteer counselors,  provided  such  rape crisis counselors have met the minimum training standards as set forth in this subdivision; and  (iv) procedures to periodically review approved training  programs  to assure they continue to satisfy established standards.  (b)  Rape  crisis  programs approved by the commissioner shall provide training programs consisting of at least  thirty  hours  of  pre-service training  and  within  the  first  year of service at least ten hours of in-service training for rape  crisis  counselors.  This  training  shall include but not be limited to, instruction on the following:  (i) the dynamics of sexual offenses, sexual abuses or incest;  (ii) crisis intervention techniques;  (iii) client-counselor confidentiality requirements;  (iv) communication skills and intervention techniques;  (v) an overview of the state criminal justice system;  (vi)  an  update  and  review of state laws on sexual offenses, sexual abuse or incest;  (vii) the availability of state and community resources for clients;  (viii) working with a diverse population;  (ix) an overview of child abuse and  maltreatment  identification  and reporting responsibilities; and  (x)  information  on  the availability of medical and legal assistance for such clients.  (c) The department shall provide technical assistance to approved rape crisis programs to implement training programs in  accordance  with  the minimum standards set forth in this subdivision.   * NB There are 3 sub. 15's   * 15.  The  commissioner  is  authorized to make grants and enter into contracts, as recommended by the state task force on  clinical  practice guidelines  and  medical  technology  assessment established pursuant to section twenty-eight hundred four-a of this chapter, for research and/or projects to promote the identification, evaluation,  development  and/or application  of  clinical  practice  guidelines  and  appropriate use of medical technology, but in no way to direct or mandate the use  of  such guidelines or technology, to the extent of funds available therefor from the  commissioner's priority distributions pursuant to subparagraph (ii) of paragraph (f) of subdivision nineteen of section twenty-eight hundred seven-c of this chapter. No grants or  contracts  executed  pursuant  to this  section  shall  be for the purpose of developing clinical practice guideline based reimbursement methodologies or  any  other  regulations. For  the  purposes  of  this subdivision, "clinical practice guidelines" shall mean systematically developed statements to assist  physician  and patient  decisions  about  the  appropriate  health  care  for  specific clinical  circumstances,  and  "medical  technology"   shall   mean   an instrument or unit of equipment or technique for use as a health related treatment, testing or diagnostic tool.   * NB Expired June 30, 1996; There are 3 sub. 15's   16.  The  commissioner,  in  consultation with the commissioner of the department of motor vehicles, shall  promulgate  rules  and  regulations specifying  the  medical  conditions  based  on  health and safety which justify granting an exception to the requirements of  subparagraphs  one and  two  of  paragraph  (b)  of  subdivision  twelve-a of section three hundred seventy-five of the vehicle and traffic law.   * 17. (a) The commissioner shall enter  into  an  agreement  with  the commissioner   of  taxation  and  finance  which  shall  set  forth  the procedures  for  the  crediting  of  overpayments  of  tax  owed  to  an individual taxpayer, estate or trust to the repayment of overpayments of medical  assistance payments owed to the department or a social services district by such person  pursuant  to  the  provisions  of  section  one hundred seventy-one-f of the tax law and is authorized to furnish to the commissioner  of  taxation and finance such information and to take such other actions as may be necessary to carry out  the  agreement  provided for  in  such  section,  for  the  crediting  of  overpayments of tax to repayment of overpayments of medical assistance payments received by  an individual  who  is  or  has been enrolled as a provider in the New York state medical assistance program as established under  title  eleven  of article five of the social services law.  (b)  The  department shall by regulation establish procedures by which any individual, estate or trust which is the subject of a  certification to  the  department  of  taxation  and  finance  in accordance with such agreement may contest  such  certification.  Such  regulations  and  the notice   required   by   subdivision   three   of  section  one  hundred seventy-one-f of the tax law shall  set  forth  defenses  which  may  be available   to   the   individual,  estate  or  trust  to  contest  such certification and the manner in which  a  review  of  the  certification based on such defenses may be obtained.  (c)  In  accordance  with such agreement and the provisions of section one hundred seventy-one-f of  the  tax  law,  the  department  shall  be entitled  to  receive  payments  to  satisfy the payment obligation of a person who is receiving or has received payment as a provider in the New York  state medical assistance program established under title eleven of article five of the social services law, in accordance  with  a  written final  determination  of  the department, provided that a proceeding for administrative or judicial review shall not be pending and the time  for initiation of such proceedings shall be expired.   * NB There are 2 sub. 17's   * 17.  The  department,  upon  completion  of a review of the existing scientific research regarding allergic reactions to natural rubber latex products, shall issue  guidelines,  in  consultation  with  health  care providers, for a latex management program, in health care settings.   * NB There are 2 sub. 17's   * 18.  The commissioner is authorized and directed to promulgate rules and regulations to establish standards for water  wells,  including  but not limited to drilling, construction, abandonment, repair, maintenance, water  flow,  including  testing  thereof,  and  pump standards for such wells.   * NB There are 2 sub. 18's   * 18. The commissioner, subject to the approval of the director of the budget, is authorized to approve and  implement  medicaid  demonstration programs  designed to provide additional knowledge and experience and to collect   information   concerning   alternative    methodologies    for reimbursement,  delivery of medical services, or eligibility for medical assistance in hospice operated nursing homes and is  further  authorized to  waive  such  provisions  of article twenty-eight of this chapter and title eleven of article five of the social services law as are necessary to implement such demonstration programs when such waiver  will  promote the  efficient delivery of appropriate, quality, cost-effective services and when the health, safety and general welfare of patients will not  be impaired as a result of such waiver.   * NB There are 2 sub. 18's   18-a. Health information technology demonstration program. (a) (i) The commissioner  is  authorized  to  issue  grant  funding  to  one or more organizations broadly representative  of  physicians  licensed  in  this state, from funds made available for the purpose of funding research and demonstration   projects  under  subparagraph  (ii)  of  this  paragraph designed to promote the development  of  electronic  health  information exchange   technologies   in   order   to  facilitate  the  adoption  of interoperable health records.  (ii) Project funding shall be disbursed  to  projects  pursuant  to  a request  for  proposals  based  on  criteria  relating  to promoting the efficient  and  effective  delivery  of  quality   physician   services. Demonstration  projects  eligible for funding under this paragraph shall include, but not be limited to:  (A) efforts to incentivize electronic health record adoption;  (B) interconnection of physicians through regional collaborations;  (C) efforts to promote personalized health care and consumer choice;  (D)  efforts  to  enhance  health  care  outcomes  and  health  status generally  through  interoperable public health surveillance systems and streamlined quality monitoring.  (iii) The department  shall  issue  a  report  to  the  governor,  the temporary president of the senate and the speaker of the assembly within one  year  following  the  issuance  of  the  grants.  Such report shall contain, at a minimum,  the  following  information:  the  demonstration projects   implemented   pursuant  to  this  paragraph,  their  date  of  implementation,  their  costs  and  the  appropriateness  of  a  broader application of the health information technology program to increase the quality and efficiency of health care across the state.   * (b) The commissioner shall:  (i)  post  on its website by September first, two thousand fifteen and quarterly thereafter, information on the uses of funding in  support  of the   Statewide  Health  Information  Network  of  New  York  (SHIN-NY), including how such funds may be used to:  (A)  support  hospitals,  physicians,  and  other  providers  in   the achievement of federal meaningful use requirements;  (B) support DSRIP health information exchange and data requirements to help performing provider systems and the state meet DSRIP quality goals; and  (C)    increase   participation   in   regional   health   information organizations by providers at reasonable costs to the providers; and  (ii) convene a workgroup to:  (A) evaluate the state's health information technology  infrastructure and  systems,  as  well  as other related plans and projects designed to make improvements or modifications to such  infrastructure  and  systems including,  but  not limited to, the all payor database (APD), the state planning and  research  cooperative  system  (SPARCS),  regional  health information  organizations  (RHIOs),  the  statewide  health information network  of  New  York  (SHIN-NY)  and  medical  assistance  eligibility systems; and  (B)   develop   recommendations   for  the  state  to  move  toward  a comprehensive health claims and clinical  database  aimed  at  improving quality  of  care,  efficiency,  cost  of  care and patient satisfaction available  in  a  self-sustainable,  non-duplicative,  interactive   and interoperable    manner    that    ensures   safeguards   for   privacy, confidentiality and security;  (iii)  submit  an  interim  report  to  the  governor,  the  temporary president  of  the  senate  and the speaker of the assembly, which shall detail the concerns and issues associated with establishing the  state's health   information   technology   infrastructure   considered  by  the workgroup, on or before December first, two thousand fourteen; and  (iv) submit a report to the governor, the temporary president  of  the senate  and  the speaker of the assembly, which shall fully consider the evaluation and recommendations of the workgroup, on or  before  December first, two thousand fifteen.   * NB Effective until March 31, 2023   * (b) The commissioner shall make such rules and regulations as may be necessary  to  implement federal policies and disburse funds as required by the American Recovery and Reinvestment Act of 2009 and to promote the development of a  statewide  health  information  network  of  New  York (SHIN-NY)  to  enable widespread interoperability among disparate health information  systems,  including  electronic  health  records,  personal health  records  and public health information systems, while protecting privacy and security. Such rules and regulations shall include, but  not be limited to, requirements for organizations covered by 42 U.S.C. 17938 or  any other organizations that exchange health information through the SHIN-NY.   * NB Effective March 31, 2023  (c) The members of the workgroup shall include, at  a  minimum,  three members  who represent RHIOs, two members employed by the department who are involved in the development of the SHIN-NY and the APD, two  members who  represent  physicians,  two  members  who  represent hospitals, two members who represent home care  agencies,  one  member  who  represents federally  qualified  health  centers,  one member who represents county  health commissioners, the chair of the senate health committee or his or her designee, the chair of the assembly health committee or his  or  her designee,  and  other  individuals with expertise in matters relevant to the charge of the workgroup.   * (d)  The  commissioner may make such rules and regulations as may be necessary to implement federal policies and disburse funds  as  required by the American Recovery and Reinvestment Act of 2009 and to promote the development   of   a   self-sufficient  SHIN-NY  to  enable  widespread, non-duplicative  interoperability  among  disparate  health  information systems,  including  electronic health records, personal health records, health care claims, payment and other administrative  data,  and  public health  information systems, while protecting privacy and security. Such rules and regulations shall include, but not be limited to, requirements for organizations covered by 42 U.S.C. 17938 or any other  organizations that  exchange  health  information  through  the  SHIN-NY  or any other statewide health information system recommended by the workgroup. If the commissioner seeks to promulgate rules and regulations prior to issuance of the report identified in subparagraph (iv) of paragraph (b)  of  this subdivision,  the  commissioner shall submit the proposed regulations to the workgroup for its input. If the  commissioner  seeks  to  promulgate rules  and  regulations  after  the issuance of the report identified in such subparagraph (iv) then the commissioner shall consider  the  report and  recommendations  of  the  workgroup.  If the commissioner acts in a manner inconsistent with the input or recommendations of the  workgroup, he or she shall provide the reasons therefor.   * NB Effective until March 31, 2023   * 19.  The commissioner is authorized and directed to promulgate rules and regulations as may be  necessary,  with  respect  to  the  form  and content  of  applications  for  licenses,  the  fees  to  be charged for obtaining licenses, permits,  duplicates  and  renewals,  the  reception thereof,   the  investigation  and  examination  of  applicants  and  of prospective applicants taking examinations and their qualifications, the inquiry into the operation of body piercing or tattooing studios and the conducting of periodic inspection of facilities to determine  compliance by  the  tattoo  or body piercing studio with applicable statutes, rules and regulations, appropriate penalties for failure to abide by rules and regulations promulgated pursuant to this article, and additional  visits that may be made to tattoo or body piercing studios to determine whether violations  or  deficiencies  have  been  corrected,  to investigate any complaint, and for any other purposes deemed necessary  and  appropriate by  the commissioner. Such regulations shall include, but not be limited to, the hygienic requirements for sterilization of sharps, needles,  and other  supplies  and  equipment,  the  general  cleanliness  of the body piercing studio or tattoo studio, the disposal of each sharp  and  other single  use  supplies  after use on one customer, the proper disposal of contaminated supplies and equipment, and  other  matters  incidental  or appropriate  to  the powers and duties of the commissioner as prescribed by this subdivision and for the proper administration and enforcement of the provisions of this subdivision to  ensure  the  health,  safety  and welfare of the public.   * NB There are 2 sub. 19's   * 19.  (a)  The  commissioner  shall ensure that any contracts entered into, renewed, extended, modified or in any way made or  continued  with entities  pursuant  to  article twenty-eight of this chapter to receive, distribute and otherwise administer funds for  the  pools  specified  in this subdivision, require such pool administrators to submit directly to the  temporary  president  of the senate and the speaker of the assembly  quarterly reports on the collection, pooling and distribution  of  funds pursuant to the following sections of this chapter:  (i)  paragraph  (a)  of  subdivision  eighteen of section twenty-eight hundred seven-c of this chapter, providing for a one percent  assessment on hospital revenues;  (ii)  section twenty-eight hundred seven-j, establishing allowances on net patient service revenues;  (iii) section twenty-eight hundred seven-k, establishing  the  general hospital indigent care pool;  (iv)  section  twenty-eight  hundred  seven-l, establishing the health care initiatives pool;  (v)  section  twenty-eight  hundred  seven-m,  establishing   regional professional education pools;  (vi)  section  twenty-eight hundred seven-s, establishing professional education pool funding;  (vii) section twenty-eight hundred seven-t,  establishing  assessments on covered lives; and  (viii)  section  twenty-eight  hundred  seven-v,  establishing tobacco control and insurance initiatives pool.   The commissioner shall assist such pool administrators, as  necessary, in the fulfillment of this requirement.  (b) Reports filed pursuant to paragraph (a) of this subdivision shall, at a minimum, for each quarterly period  (i)  profile, as of the end of each quarter and based on the available data, all  revenue  collected  pursuant  to  each  source  specified  in subparagraphs  (i),  (ii),  (vi)  and  (vii)  of  paragraph  (a) of this subdivision, as well as revenue collected for  deposit  into  the  pools specified in subparagraph (viii) of such paragraph, further reported, as applicable,  according  to  each  category  of payer, including, but not limited to, medical  assistance,  private  insurance,  employer  benefit plans,   workers'   compensation,  no-fault,  cigarette  taxes,  tobacco settlement funds, and the public asset established pursuant to  sections four  thousand  three  hundred  one  and  seven  thousand  three hundred seventeen of the insurance law;  (ii) profile, as of the end of each quarter and based on the available data, aggregate revenue, by source, deposited for the quarter, into each pool  specified  in  subparagraphs  (iii),  (iv),  (v),  and  (viii)  of paragraph  (a) of this subdivision as well as the fund balances for each such pool as of the end of each quarter; and  (iii) profile, as of  the  end  of  each  quarter  and  based  on  the available   data,   every  disbursement  from  each  pool  specified  in subparagraphs (iii), (iv), (v) and  (viii)  of  paragraph  (a)  of  this subdivision,   further   reported,   as  applicable,  according  to  and indicative of each allocation  specified  for  such  pool,  and  further reported  according  to  and  indicative of each recipient of funds from each such allocation, except allocations made pursuant  to  subparagraph (iii)  of  paragraph  (c)  of  subdivision  one  of section twenty-eight hundred seven-l of this chapter, and further indicative of the status of funding for each such recipient.  (c) The reports required by paragraph (a) of  this  subdivision  shall cover  the  periods  January  through  March,  April  through June, July through September and October through December and shall be submitted no later than forty-five days following  the  last  day  of  the  quarterly period covered by the report. Reports shall be submitted in both written and electronic form.  (d) The commissioner shall also ensure that any such contracts require such  entities,  beginning August first, two thousand three and no later than the twelfth  day  of  each  month  thereafter,  to  report  to  the  comptroller  in  an  electronic  and  written  format the beginning pool balances, receipts  collected  by  source,  the  disbursements  made  by purpose,  the  amount and nature of any transfers made among such pools, and  the  ending  pool balances for the pools described in subparagraphs (i), (ii) and (iii) of paragraph (b) of this subdivision and at the same level of specificity required by such paragraph. The  comptroller  shall include  such  information in the monthly report required by subdivision nine-a of section  eight  of  the  state  finance  law.  Any  additional expenses  incurred  by the entity as a result of this paragraph shall be borne by the department of health.   * NB There are 2 sub. 19's   20. The commissioner shall, in consultation with the superintendent of state police, promulgate, by regulation,  a  list  of  "select  chemical agents"  which  shall  consist  only of those toxic chemicals which have been identified, as of the effective date of this subdivision,  for  the application  of verification measures under article VI of the convention on the prohibition of the development, production, stockpiling  and  use of  chemical  weapons  and on their destruction, opened for signature on January  thirteenth,  nineteen  hundred   ninety-three,   in   schedules contained  in  the  annex to said convention. The commissioner may, from time to time, promulgate regulations amending said  list  in  the  event that the schedules contained in the annex to the convention are amended, revised,  modified  or  repealed,  so  that  the list of select chemical agents promulgated pursuant to this subdivision conforms in whole or  in part  to  any  such  amended, revised, modified or repealed list, if the commissioner determines that any such amendment, revision,  modification or repeal is consistent with the purposes of this chapter.   * 21.  The commissioner shall, in consultation with the superintendent of state police, promulgate, by regulation, a list of "select biological agents" which shall consist only of those select biological agents which have been identified, as of the effective date of this  subdivision,  by the  United  States Secretary of Health and Human Services and placed on the select agent list established pursuant to section  511  (d)  of  the Antiterrorism  and  Effective  Death  Penalty Act, Pub. L. 104-132 at 42 C.F.R. Part 72. The commissioner may,  from  time  to  time,  promulgate regulations  amending  said  list  in  the event that the list of select biological  agents  promulgated  by  federal  regulations  is   amended, revised,  modified  or  repealed,  so that the list of select biological agents promulgated pursuant to this subdivision conforms in whole or  in part  to  any  such  amended, revised, modified or repealed list, if the commissioner determines that any such amendment, revision,  modification or repeal is consistent with the purposes of this chapter.   * NB There are 2 sub 21's   * 21.  The  commissioner shall make the information developed pursuant to section five  hundred  forty-four  of  the  executive  law  available through,  but  not  limited  to,  the  department's  website and written materials available to the public.   * NB There are 2 sub 21's   22.  The  commissioner  shall  provide   information   and   technical assistance  concerning  the  drug discount program authorized by section 340B of the federal public health service act (42 U.S.C § 256b) to:  (a) covered entities, as defined in section 340B of the public  health service  act,  to  facilitate  their participation in such drug discount program; and  (b) local government officials, regarding the  benefits  of  the  drug discount program and the process of accessing discounted drugs under the program on behalf of individuals whose prescription drug costs are borne  by   local  government,  including  but  not  limited  to  residents  of county-operated nursing homes.   23.  Pursuant  to  subdivision  six  of section two hundred two of the state administrative procedure act, on an emergency  basis  and  upon  a finding by the commissioner of an immediate threat to the public safety, the  commissioner  is  authorized  to remove a drug, procedure or supply whose primary purpose is to enhance  or  facilitate  sexual  performance from:  (a)  the definition of medical assistance established pursuant to section three hundred sixty-five-a of the social services law,  (b)  the definition  of  health  care  services covered by the family health plus program established pursuant to section three hundred  sixty-nine-ee  of the  social  services law, (c) the definition of covered health services established pursuant to subdivision seven of section twenty-five hundred ten of this chapter, or (d) the list of prescription  drugs  covered  by the   program  for  elderly  pharmaceutical  insurance  coverage  (EPIC) established pursuant to title three of article two of the elder law,  or to  otherwise restrict the criteria for payment for such drug, procedure or supply, by the medicaid, family health plus, child  health  plus,  or EPIC  programs,  for those persons required to register as sex offenders pursuant to article six-C of the correction law.   * 24.  Notwithstanding  any  inconsistent  provision  of  law  to  the contrary,  the commissioner is authorized to receive applications and to determine initial and continuing eligibility for  enrollment  under  the child  health  plus  program  established  under  title  I-A  of article twenty-five of this chapter, the medical assistance program  established under  title  eleven of article five of the social services law, and the family health plus program established  under  title  eleven-D  of  such article.  The  commissioner  may exercise such authority with respect to all residents, or a subset of residents, of one  or  more  local  social services  districts. The commissioner is authorized to enter into one or more contracts, which contracts shall be procured on a competitive basis pursuant  to  a  request  for  proposal  process,  for  the  purpose  of exercising  his or her authority under this subdivision. State employees shall supervise and provide oversight and quality  assurance  monitoring of  contract  staff  activities.  Provided further, the department shall endeavor  to  use  state  employees  in  exercising  the  commissioner's authority under this subdivision.   * NB There are 2 sb 24's   * 24.  The  commissioner shall have the authority to correct errors on marriage certificates maintained by the department pursuant to paragraph (e) of subdivision one of this section upon  request  of  any  applicant whose name appears thereon for a certificate of marriage where:  (a)  such error was not the result of any intended fraud, deception or attempt to avoid the effect of any valid law, regulation or statute; and  (b) either party to the marriage provides proof, satisfactory  to  the commissioner,  of  the  accuracy  of  the  facts presented in support of correcting the error.   To effectuate such correction and  provide  certified  copies  of  the amended  certificate,  the  commissioner  shall be entitled to a fee not exceeding ten dollars. The commissioner shall forward  a  copy  of  such amended  certificate  to the clerk of the town or city which issued such certificate.   * NB There are 2 sb 24's   25.  (a)  In  assessing  and  reporting  on  the  impact  of   section sixty-eight  hundred  one  of the education law, pursuant to subdivision four of such section the commissioner may  use:  (1)  influenza  vaccine supply data from the federal centers for disease control and prevention; (2)  pneumococcal  vaccine  supply  data  provided  by manufacturers and  distributors of such vaccine; and (3) data from  a  third  party  entity that  engages  in  the collection of data and tracking of pharmaceutical sales and distribution. Manufacturers and distributors  of  pneumococcal vaccine  shall  provide  or  arrange  for  the  timely  provision to the commissioner of such data as the commissioner may reasonably request  to complete  the  report.  Provider  and  customer identifiable information submitted pursuant to this paragraph shall be confidential,  unless  the information  provider  consents  to  its  release  or  the  commissioner determines disclosure is necessary to  respond  to  an  imminent  public health emergency.  (b)   Notwithstanding   the   provisions  of  paragraph  (a)  of  this subdivision, the commissioner may require reporting by entities licensed pursuant  to  article  twenty-eight  or  thirty-six  of  this   chapter, pharmacies  registered  pursuant  to article one hundred thirty-seven of the education law, manufacturers and distributors  of  adult  immunizing agents  doing  business  in this state, and others possessing such adult immunizing agents of additional information  needed  to  respond  to  an imminent public health emergency.   26.  The  commissioner is hereby authorized and directed to review any policy or practice instituted in facilities operated by  the  department of  corrections and community supervision, and in all local correctional facilities, as defined in subdivision sixteen  of  section  two  of  the correction  law,  regarding human immunodeficiency virus (HIV), acquired immunodeficiency syndrome  (AIDS),  hepatitis  C  (HCV),  and  COVID-19, including  the  prevention  of  the transmission of and the treatment of such infections and diseases among incarcerated individuals. Such review shall be performed at least annually, and shall focus  on  whether  such policy  or  practice  is  consistent  with  current,  generally accepted medical standards and procedures used to prevent the transmission of and to treat those infections and diseases  among  the  general  public.  In performing  such reviews, in order to determine the quality and adequacy of care and treatment provided, department personnel are  authorized  to enter  correctional  facilities and inspect policy and procedure manuals and  medical  protocols,  interview  health   services   providers   and incarcerated individual-patients, review medical grievances, and inspect a  representative  sample of medical records of incarcerated individuals known to be infected with any such  infections  or  diseases.  Prior  to initiating  a  review  of  a correctional system, the commissioner shall inform the  public,  including  patients,  their  families  and  patient advocates,  of  the  scheduled  review  and  invite  them to provide the commissioner with relevant information.  Upon  the  completion  of  such review,  the  department  shall,  in  writing,  approve  such  policy or practice as instituted in  facilities  operated  by  the  department  of corrections  and  community  supervision,  and in any local correctional facility, or, based on specific,  written  recommendations,  direct  the department  of  corrections  and community supervision, or the authority responsible  for  the  provision  of  medical   care   to   incarcerated individuals  in local correctional facilities to prepare and implement a corrective plan to address deficiencies in areas where  such  policy  or practice  fails  to  conform  to  current,  generally  accepted  medical standards  and  procedures.     The  commissioner  shall   monitor   the implementation  of  such corrective plans and shall conduct such further reviews as the commissioner deems necessary to  ensure  that  identified deficiencies  in those policies and practices are corrected. All written reports pertaining to reviews provided for in this subdivision shall  be maintained,  under  such conditions as the commissioner shall prescribe, as public information available for public inspection.    27. The commissioner shall promulgate regulations to  require  that  a manufacturer  or  other  entity selling, leasing, or otherwise providing any drug,  device,  or  health  care  service  shall  not,  directly  or indirectly,  establish  as  a condition for the use by a dentist of such drug, device, or health care service that the dentist meet any quota for the  number  of  patients  on whom the dentist uses the drug, device, or health  care  service  and  that  a  dentist  shall  not,  directly   or indirectly,  request  or receive from any manufacturer or other entity a drug, device, or health care service having a condition that the dentist meet any quota for the number of patients on whom the dentist  uses  the drug, device, or health care service.   28.  The  commissioner  shall  assist the commissioner of education in developing rules and regulations, relating to  pupils  who  suffer  mild traumatic  brain  injuries,  in accordance with subdivision forty-two of section three hundred five of the education law,  and  provide  for  the posting  on  the  department's  internet  website of such information as shall be required pursuant to such subdivision.   * 29. The commissioner shall prepare a report on the implementation of the State Health Innovation Plan (SHIP) which shall include:  (1) the recommendations of the workgroups established  to  assist  the state in implementation of the SHIP;  (2) the department's efforts in advancing the SHIP's goals; and  (3)  information  on  the  expenditures  of the State Innovation Model grant. The report shall be submitted to the governor, the  temporary  president of  the  senate,  the  speaker of the assembly, the chairs of the senate health committee and assembly health  committee  on  or  before  January first, two thousand sixteen and annually thereafter.   * NB Repealed March 31, 2020   * 30.  The  commissioner shall notify the commissioner of education in any instance  in  which  a  registered  professional  nurse  engages  in improper  behavior  while  supervising  an  advanced  home  health  aide pursuant to subdivision two of section sixty-nine hundred eight  of  the education law.   * NB Repealed March 31, 2023   * 31.  The commissioner shall develop information, in conjunction with the commissioner of education related to students who exhibit  signs  or symptoms  of  pending  or  increased risk of sudden cardiac arrest. Such information shall include, but not be  limited  to,  the  definition  of sudden cardiac arrest, signs and symptoms of sudden cardiac arrest. Such information shall be posted on the department's website.   * NB Effective July 1, 2022