reglab/statecodes huggingface dataset:
2023 New York Laws › PBH - Public Health › Article 29-D - Health Information and Quality Improvement › Title 4 - New York State Medical Indemnity Fund › 2999-G - Purpose of This Title.

§  2999-g.  Purpose  of  this  title.  Creation  of the New York state
  medical indemnity fund. There is  hereby  created  the  New  York  state
  medical  indemnity  fund  (the  "fund").  The  purpose of the fund is to
  provide a funding source for future health care  costs  associated  with
  birth  related  neurological  injuries, in order to reduce premium costs
  for medical malpractice insurance coverage.
2023 New York Laws › PBH - Public Health › Article 29-D - Health Information and Quality Improvement › Title 4 - New York State Medical Indemnity Fund › 2999-H - Definitions.

§  2999-h.  Definitions.  As used in this title, unless the context or
  subject matter requires otherwise:
1. "Birth-related neurological injury" means an injury to the brain or
  spinal cord of a live infant caused by  the  deprivation  of  oxygen  or
  mechanical  injury  occurring  in  the  course  of  labor,  delivery  or
  resuscitation, or by other medical services  provided  or  not  provided
  during delivery admission, that rendered the infant with a permanent and
  substantial  motor impairment or with a developmental disability as that
  term is defined by section 1.03 of the mental hygiene law, or both. This
  definition shall apply to live births only.
2. "Fund" means the New York state medical indemnity fund.
3. "Qualifying health care costs" means the future medical,  hospital,
  surgical,   nursing,   dental,  rehabilitation,  habilitation,  respite,
  custodial, durable  medical  equipment,  home  modifications,  assistive
  technology, vehicle modifications, transportation for purposes of health
  care    related    appointments,   prescription   and   non-prescription
  medications, and other health care costs actually incurred for  services
  rendered  to  and  supplies  utilized by qualified plaintiffs, which are
  necessary to meet their  health  care  needs,  as  determined  by  their
  treating physicians, physician assistants, or nurse practitioners and as
  otherwise defined by the commissioner in regulation.
4. "Qualified plaintiff" means every plaintiff or claimant who (i) has
  been  found  by  a  jury  or  court  to  have  sustained a birth-related
  neurological injury as the result of medical malpractice,  or  (ii)  has
  sustained  a  birth-related neurological injury as the result of alleged
  medical malpractice, and  has  settled  his  or  her  lawsuit  or  claim
  therefor;  and  (iii)  has  been ordered to be enrolled in the fund by a
  court in New York state.
2023 New York Laws › PBH - Public Health › Article 29-D - Health Information and Quality Improvement › Title 5 - New York State Hospital Quality Initiative › 2999-M - New York State Hospital Quality Initiative.

§  2999-m.  New  York  state hospital quality initiative. The New York
state  hospital  quality  initiative,  including  the  New  York   state
obstetrical  patient safety workgroup, will be created in the department
of health to be comprised of medical, hospital and academic experts  and
other stakeholders chosen by the commissioner.
The  New  York  state  quality  initiative  will  oversee  the general
dissemination of initiatives, guidance, and best  practices  to  general
hospitals.  Activities  will  include  but  not  be limited to: building
cultures of patient safety  and  implementing  evidence  based  care  in
target areas. The workgroup will undertake collaborative work to improve
obstetrical  care outcomes and quality of care, based on identifying and
implementing evidence based practices, and clinical protocols  that  can
be standardized and adopted by hospitals including but not limited to:
(a)  Surveying,  reviewing  and  analyzing  current  "best"  practices
employed in obstetrical cases, including exploring the use  of  "virtual
grand rounds";
(b)  Undertaking  a  review of claims in an effort to develop a set of
"standard best practices" for deliveries in New York state;
(c) Formulating and recommending to  the  commissioner  best  practice
standards  and  designing  new  programs for implementation and improved
outcomes, including but  not  limited  to,  clinical  bundles  for  high
priority   conditions,   electronic   fetal   monitoring   training  and
certification, and team training; and
(d)  Engaging  the  existing  regional  perinatal  center  network  in
dialogues  regarding  the  above  topics  and  making recommendations to
improve  and/or  upgrade  assistance  and   communication   to   smaller
hospitals.
2023 New York Laws › PBH - Public Health › Article 29-E - Accountable Care Organizations › 2999-N - Accountable Care Organizations; Findings; Purpose.

§  2999-n.  Accountable  care  organizations;  findings;  purpose. The
  legislature finds that the formation and operation of  accountable  care
  organizations under this article, and subject to appropriate regulation,
  can  be  consistent  with  the purposes of federal and state anti-trust,
  anti-referral, and other statutes, including  reducing  over-utilization
  and   expenditures.  The  legislature  finds  that  the  development  of
  accountable care organizations under this  article  will  reduce  health
  care  costs,  promote effective allocation of health care resources, and
  enhance the quality and accessibility of health  care.  The  legislature
  finds  that  this  article  is  necessary  to  promote  the formation of
  accountable care organizations and protect the public interest  and  the
  interests of patients and health care providers.
2023 New York Laws › PBH - Public Health › Article 29-E - Accountable Care Organizations › 2999-O - Definitions.

§  2999-o.  Definitions.  As used in this article, the following terms
  shall have the following meanings, unless the context  clearly  requires
  otherwise:
1.  "Accountable  care organization" or "ACO" means an organization of
  clinically  integrated  health   care   providers   certified   by   the
  commissioner under this article.
2.  "ACO  participant"  or  "participant" means a health care provider
  that is one of the health care providers that comprise the ACO.
3. Certificate of authority" or "certificate" means a  certificate  of
  authority issued by the commissioner under this article.
4. "CMS" means the federal centers for Medicare and Medicaid services.
5. "CMS regulations" means applicable federal laws and CMS regulations
  and policies.
6.  "Health  care  provider"  includes but is not limited to an entity
  licensed or certified under article twenty-eight or thirty-six  of  this
  chapter;   an  entity  licensed  or  certified  under  article  sixteen,
  thirty-one or thirty-two of the mental hygiene law;  or  a  health  care
  practitioner  licensed  or  certified under title eight of the education
  law or a lawful combination of such health care practitioners;  and  may
  also  include, to the extent provided by regulation of the commissioner,
  other entities that provide technical  assistance,  information  systems
  and  services,  care  coordination  and  other  services  to health care
  providers and patients participating in an ACO.
7. "Medicare-only ACO" means an ACO issued a certificate of  authority
  under  subdivision  four of section twenty-nine hundred ninety-nine-p of
  this article.
8. "Primary care" means the health care  fields  of  family  practice,
  general   pediatrics,  primary  care  internal  medicine,  primary  care
  obstetrics,  or  primary  care  gynecology,  without  regard  to   board
  certification,  provided  by  a  health care provider acting within his,
  her, or its lawful scope of practice.
9. "Third-party health care payer" has its ordinary meanings  and  may
  include  any  entities  provided  for by regulation of the commissioner,
  which may include an entity such as a pharmacy benefits manager,  fiscal
  administrator,  or administrative services provider that participates in
  the administration of a third-party health care payer system.
2023 New York Laws › PBH - Public Health › Article 29-E - Accountable Care Organizations › 2999-P - Establishment of Acos.

§  2999-p. Establishment of ACOs. 1. An accountable care organization:
(a) is an organization of clinically integrated  health  care  providers
that  work  together  to  provide,  manage,  and  coordinate health care
(including primary care) for a defined population; with a mechanism  for
shared  governance;  the  ability  to negotiate, receive, and distribute
payments; and accountability for the  quality,  cost,  and  delivery  of
health  care to the ACO's patients; in accordance with this article; and
(b) has been issued a certificate of authority by the commissioner under
this article.
2. The commissioner shall establish a program within the department to
promote and regulate the use of ACOs to deliver an array of health  care
services  for  the  purpose  of  improving the quality, coordination and
accountability of services provided to patients in New York.
3. The commissioner may issue a certificate of authority to an  entity
that  meets conditions for ACO certification as set forth in regulations
made  by  the  commissioner  pursuant  to  section  twenty-nine  hundred
ninety-nine-q  of this article. The commissioner shall not issue any new
certificate under this article after December thirty-first, two thousand
twenty-eight.
4.  (a)  Notwithstanding  subdivision  three  of  this  section,   the
commissioner  shall  issue a certificate of authority as a Medicare-only
ACO  to  an  entity  authorized  by  CMS  to  be  an  accountable   care
organization  under  the Medicare program, upon receiving an application
to be a Medicare-only ACO from the entity documenting its  status  under
this  subdivision.  A  certificate  of  authority under this subdivision
shall only apply to the  Medicare-only  ACO's  actions  in  relation  to
Medicare beneficiaries under its authorization from CMS.
(b) To the extent consistent with CMS regulations, a Medicare-only ACO
shall be subject to:
(i) subdivision seven of section twenty-nine hundred ninety-nine-q and
subdivisions   one,   two  and  three  of  section  twenty-nine  hundred
ninety-nine-r  of  this  article,  without   regard   to   whether   the
commissioner has made regulations under this article; and
(ii)  other  provisions  of  this  article  to the extent specifically
provided  by  the  commissioner  in  regulations  consistent  with  this
article.
5.  The commissioner may limit, suspend, or terminate a certificate of
authority if an ACO is not operating in accordance with this article.
6. The commissioner  is  authorized  to  seek  federal  approvals  and
waivers  to  implement  this article, including but not limited to those
approvals   or   waivers   necessary   to   obtain   federal   financial
participation.
2023 New York Laws › PBH - Public Health › Article 29-E - Accountable Care Organizations › 2999-R - Other Laws.

§  2999-r.  Other laws. 1. (a) It is the policy of the state to permit
and encourage cooperative, collaborative  and  integrative  arrangements
among third-party health care payers and health care providers who might
otherwise   be   competitors   under   the  active  supervision  of  the
commissioner. To the extent that  it  is  necessary  to  accomplish  the
purposes  of  this  article, competition may be supplanted and the state
may provide state action immunity under state and federal antitrust laws
to payors and health care providers.
(b) The commissioner shall engage  in  state  supervision  to  promote
state  action  immunity  under  state and federal antitrust laws and may
inspect, require, or request additional  documentation  and  take  other
actions  under this article to verify and make sure that this article is
implemented in accordance with its intent and purpose.
2. With respect to the  planning,  implementation,  and  operation  of
ACOs, the commissioner, by regulation, shall specifically delineate safe
harbors that exempt ACOs from the application of the following statutes:
(a)  article  twenty-two  of  the  general  business  law  relating to
arrangements and agreements in restraint of trade;
(b) article one hundred thirty-one-A of the education law relating  to
fee-splitting arrangements; and
(c) title two-D of article two of this chapter relating to health care
practitioner referrals.
3.  For  the  purposes of this article, an ACO shall be deemed to be a
hospital  for  purposes  of  sections   twenty-eight   hundred   five-j,
twenty-eight   hundred   five-k,   twenty-eight   hundred   five-l   and
twenty-eight hundred five-m of this chapter and subdivisions  three  and
five of section sixty-five hundred twenty-seven of the education law.
4.  The  commissioner is authorized to seek federal grants, approvals,
and waivers to  implement  this  article,  including  federal  financial
participation  under  public  health  coverage.  The  commissioner shall
provide copies of applications and other  documents,  including  drafts,
submitted  to  the  federal  government  seeking  such  federal  grants,
approvals, and waivers to the chairs of the  senate  finance  committee,
the  assembly  ways  and  means  committee,  and the senate and assembly
health committees simultaneously with their submission  to  the  federal
government.
5.  The  commissioner may directly, or by contract with not-for-profit
organizations, provide:
(a) consumer assistance to patients served by an  ACO  as  to  matters
relating to ACOs;
(b)   technical   and   other  assistance  to  health  care  providers
participating in an ACO as to matters relating to the ACO;
(c) assistance to ACOs to promote their formation  and  improve  their
operation,  including  assistance  under  section  twenty-eight  hundred
eighteen of this chapter; and
(d) information sharing and other assistance among ACOs to improve the
operation of ACOs.
2023 New York Laws › PBH - Public Health › Article 29-EE - Program of All-Inclusive Care for the Elderly › 2999-S - Definitions.

§  2999-s.  Definitions.  For  purposes of this article, the following
  definitions apply:
1. "PACE organization" means an entity  as  defined  in  42  U.S.C.  §
  1395(eee)  and established in accordance with federal public law 105-33,
  subtitle I of title IV of the Balanced Budget Act of 1997, and  licensed
  or otherwise authorized to operate under this article.
2.  "Program  of  all-inclusive  care  of  the elderly" or "PACE" is a
  federally recognized model of comprehensive care for persons  fifty-five
  years of age or older eligible for Medicaid and may also be eligible for
  Medicare,  qualifying for nursing home levels of care who wish to remain
  in their community (see, Sections 1894 and 1934 to Title  XVIII  of  the
  Social Security Act; 42 CFR 460), and established under this article.
3.  "Medicaid"  means  title  eleven  of  article  five  of the social
  services law and the program thereunder. "Medicare" means title XVIII of
  the federal social security act and the programs thereunder.
4. "CMS" means the federal Centers for Medicare and Medicaid Services.
5. "Enrollee" means an individual enrolled in a PACE organization.
2023 New York Laws › PBH - Public Health › Article 29-EE - Program of All-Inclusive Care for the Elderly › 2999-T - Program Established.

§ 2999-t. Program established. 1. The program of all-inclusive care of
  the elderly is established in the department to provide community-based,
  risk-based,  and  capitated long-term care services as optional services
  under Medicaid and, where applicable, under Medicare, as well  as  under
  contracts among CMS, the department and PACE organizations.
2.  A PACE organization operating at the time this article becomes law
  may continue to operate while the  organization  transitions  into  full
  compliance   with   this  article,  under  a  process  and  requirements
  established by the commissioner.
2023 New York Laws › PBH - Public Health › Article 29-EE - Program of All-Inclusive Care for the Elderly › 2999-U - Licensure.

§  2999-u.  Licensure.  1.  The  commissioner  shall license an entity
applying  for  licensure  as  a  PACE  organization  if  the   applicant
demonstrates  to the satisfaction of the commissioner that the applicant
will:
(a)  comply  with  the  requirements  of  a  PACE  organization  under
applicable federal law and regulations;
(b)  provide  a facility or facilities at which primary care and other
services are furnished to enrollees;
(c) provide an interdisciplinary team  approach  to  care  management,
care delivery and care planning;
(d)  comply  with  this article, the applicable provisions of articles
twenty-eight, thirty-six and forty-four of this chapter and  regulations
thereunder, and regulations of the commissioner under this article; and
(e)  enter  into  a  PACE organization contract and agreement with the
department and CMS.
2. (a) A PACE organization shall serve an approved geographic  service
area.
(b)  A  PACE  organization and its incorporators, directors, sponsors,
stockholders,  members,  and  operators  shall  have   the   experience,
competence,  and  standing  in  the  community  as  to  give  reasonable
assurance of their ability to operate  the  organization  to  provide  a
consistently  high  level  of  care  for  enrollees and comply with this
article.  A  PACE  organization  shall  demonstrate   that   where   any
incorporator, director, sponsor, stockholder, member, or operator of the
organization  holds,  or  within  the  past  seven  years  has  held,  a
controlling interest or been a controlling person in an organization  or
facility  licensed under this chapter, a consistently high level of care
has been rendered in each such organization or facility.
(c) A PACE organization shall meet requirements for financial solvency
under paragraph (c) of subdivision one  of  section  forty-four  hundred
three  of this chapter, including a contingent reserve requirement which
may, by regulations of the commissioner, be different from that required
by that paragraph.
(d) A PACE organization shall be deemed to  be  a  health  maintenance
organization  under  article  forty-four of this chapter for purposes of
subdivision one  of  section  sixty-five  hundred  twenty-seven  of  the
education law.
3.  (a)  The  commissioner  shall  establish  in  regulation a unified
licensure process for PACE organizations that  includes  the  applicable
program   requirements   of  this  article  and  articles  twenty-eight,
thirty-six and forty-four of this chapter.
(b) A license under this article shall require approval of the  public
health and health planning council.
2023 New York Laws › PBH - Public Health › Article 29-EE - Program of All-Inclusive Care for the Elderly › 2999-V - Eligibility and Enrollment.

§ 2999-v. Eligibility and enrollment. 1. To be eligible to enroll in a
PACE organization, an individual shall:
(a) (i) be at least fifty-five years old;
(ii)  meet  the  eligibility  requirements for a nursing home level of
care;
(iii) reside within the PACE organization's approved service area;
(iv) be able to be maintained safely in  the  community-based  setting
with the assistance of the PACE organization; and
(v)  meet  any  additional  program  specific  eligibility  conditions
imposed under the PACE program agreement between the PACE  organization,
the department, and CMS; or
(b)  be  otherwise  eligible to participate in a PACE demonstration or
specialty program authorized by the  federal  PACE  Innovation  Act  and
approved by the department and CMS.
2.  Enrollment  in  a  PACE  organization  shall  be voluntary for the
eligible individual.
2023 New York Laws › PBH - Public Health › Article 29-EE - Program of All-Inclusive Care for the Elderly › 2999-W - Benefits.

§ 2999-w. Benefits. 1. A PACE organization shall provide the following
benefits to its enrollees:
(a) all benefits under Medicaid, including under section three hundred
sixty-four-j of the social services law;
(b)  all  benefits  under Medicare, for enrollees that are enrolled in
Medicare; and
(c) other services determined necessary  by  the  PACE  organization's
interdisciplinary  team  to  improve and maintain the enrollee's overall
health status.
2. A PACE organization may provide  fiscal  intermediary  services  if
approved under section three hundred sixty-five-f of the social services
law.
2023 New York Laws › PBH - Public Health › Article 29-EE - Program of All-Inclusive Care for the Elderly › 2999-X - Reimbursement.

§  2999-x.  Reimbursement.  1.  The  commissioner  shall  develop  and
  implement,   consistent   with    applicable    federal    requirements,
  reimbursement  rates and methodologies for Medicaid services provided by
  a PACE organization to its enrollees.
2. The commissioner shall provide, or shall  require  any  independent
  actuary  used  to  review  PACE  reimbursement rates to provide, to PACE
  organizations  the  documents  and  information  consistent   with   the
  requirements  under  paragraph  (c)  of  subdivision eighteen of section
  three hundred sixty-four-j of the social services law.
2023 New York Laws › PBH - Public Health › Article 29-EE - Program of All-Inclusive Care for the Elderly › 2999-Y - Regulations and Applicable Laws.

§  2999-y.  Regulations and applicable laws. 1. The commissioner shall
make  regulations  and  take  other  actions  reasonably  necessary   to
implement  this  article,  including  the establishment of any rules and
processes appropriate for the safe, efficient and orderly administration
of the program and for the maintenance and revocation of licensure under
this article.
2. (a) Licensure granted under this article may,  in  accordance  with
the  approval  by the commissioner, entitle the PACE organization to act
in the capacity and perform the activities of a diagnostic and treatment
center, home care services agency, health maintenance  organization,  or
managed  long  term  care  plan  for which licensure or certification is
otherwise required under article twenty-eight, thirty-six, or forty-four
of  this  chapter  as  applicable  without  such  separate  license   or
certification for purposes relating to the PACE.
(b)  To  the extent that a PACE organization is acting in the capacity
or performing an  activity  for  which  licensure  or  certification  is
otherwise required under article twenty-eight, thirty-six, or forty-four
of  this chapter, the PACE organization shall comply with the applicable
requirements of such articles and  any  applicable  regulations  adopted
thereunder;  except  that  where such requirements are inconsistent with
the  requirements  of  this  article  or  regulations  adopted  by   the
commissioner  under  this  article, the requirements of this article and
such regulations shall apply.
3. The commissioner may apply for federal waivers  under  Medicaid  or
demonstration  programs  under  Medicare  relating  to the PACE program,
provided that the waiver or demonstration shall not diminish  any  right
or benefit of enrollees under this article.
2023 New York Laws › PBH - Public Health › Article 29-F - Improved Integration of Health Care and Financing › 2999-AA - Antitrust Provisions, State Oversight.

§  2999-aa.  Antitrust  provisions,  state  oversight.  1. In order to
  promote improved quality and efficiency of, and access to,  health  care
  services  and  to promote improved clinical outcomes to the residents of
  New York, it shall be the  policy  of  the  state  to  encourage,  where
  appropriate,  cooperative,  collaborative  and  integrative arrangements
  including but not limited to, mergers and acquisitions among health care
  providers or among others who might otherwise be competitors, under  the
  active supervision of the commissioner. To the extent such arrangements,
  or   the   planning   and  negotiations  that  precede  them,  might  be
  anti-competitive within the meaning and intent of the state and  federal
  antitrust  laws, the intent of the state is to supplant competition with
  such   arrangements   under   the   active   supervision   and   related
  administrative  actions  of  the commissioner as necessary to accomplish
  the purposes of this article, and to provide state action immunity under
  the  state  and  federal  antitrust  laws  with  respect  to  activities
  undertaken by health care providers and others pursuant to this article,
  where  the benefits of such active supervision, arrangements and actions
  of the commissioner outweigh any disadvantages likely to result  from  a
  reduction   of  competition.  The  commissioner  shall  not  approve  an
  arrangement for which state action immunity is sought under this article
  without first consulting with, and receiving a recommendation from,  the
  public  health  and  health  planning council. No arrangement under this
  article shall be approved  after  December  thirty-first,  two  thousand
  twenty-eight.
2.  The  commissioner or his or her duly authorized representative may
  engage in appropriate  state  supervision  necessary  to  promote  state
  action immunity under the state and federal antitrust laws.
2023 New York Laws › PBH - Public Health › Article 29-F - Improved Integration of Health Care and Financing › 2999-BB - Department Authority.

§  2999-bb.  Department  authority.  The  department  shall promulgate
  regulations to implement this article. Such  regulations  shall  provide
  standards  for  determining which proposed collaborations, integrations,
  mergers or acquisitions shall be covered by this article and the  manner
  by  which  the  interests set forth in the legislative findings shall be
  advanced through regulatory oversight. The department shall  further  be
  authorized   to   impose   fees   as   appropriate   to  facilitate  the
  implementation of this article. This article is not  intended  to  limit
  the authority of the attorney general of the state of New York.
2023 New York Laws › PBH - Public Health › Article 29-G - Telehealth Delivery of Services › 2999-EE - Increased Application of Telehealth.

§  2999-ee.  Increased application of telehealth. In order to increase
  the  application  of  telehealth  in  behavioral  health,  oral  health,
  maternity   care,   care  management,  services  provided  in  emergency
  departments, and services provided to certain high-need  populations  to
  the  extent  such  services  are  deemed appropriate for the populations
  served,  and  notwithstanding  the  definitions  set  forth  in  section
  twenty-nine hundred ninety-nine-cc of this article, in consultation with
  the  commissioner  of  the  office  of children and family services, the
  commissioner of the office of mental health,  the  commissioner  of  the
  office  of  addiction  services and supports, or the commissioner of the
  office for people with developmental disabilities,  as  applicable,  the
  commissioner  may specify in regulation additional acceptable modalities
  for the delivery of health care services via telehealth,  including  but
  not limited to audio-only or video-only telephone communications, online
  portals  and  survey applications, and may specify additional categories
  of originating sites at which a patient  may  be  located  at  the  time
  health  care  services  are  delivered  to  the  extent  such additional
  modalities  and  originating  sites  are  deemed  appropriate  for   the
  populations served.
2023 New York Laws › PBH - Public Health › Article 29-K - Registration of Temporary Health Care Services Agencies and Health Care Technology Platforms › 2999-II - Definitions.

§ 2999-ii. Definitions. For the purposes of this article:
1.  "Certified nurse aide" means a person included in the nursing home
  nurse aide registry pursuant to section twenty-eight hundred three-j  of
  this  chapter as added by chapter seven hundred seventeen of the laws of
  nineteen hundred eighty-nine.
2.   "Controlling   person"   means   a   person,   officer,   program
  administrator,  or director whose responsibilities include the direction
  of the management or  policies  of  a  temporary  health  care  services
  agency.    "Controlling  person"  also means an individual who, directly
  owns at least ten percent voting interest in a corporation, partnership,
  or other business entity that is a controlling person.
3. "Health care entity" means an  agency,  corporation,  facility,  or
  individual providing medical or health care services.
4.  "Health  care  personnel"  means nurses, certified nurse aides and
  licensed or unlicensed direct  care  staff  provided  by  the  temporary
  health  care  services  agency to provide temporary services in a health
  care entity.
5. "Nurse" means  a  registered  professional  nurse,  or  a  licensed
  practical  nurse  as  defined  by article one hundred thirty-nine of the
  education law.
6. "Direct care worker" means an individual  who  is  responsible  for
  patient/resident handling or patient/resident assessment as a regular or
  incidental  part of their services, including any licensed or unlicensed
  health care worker.
7. "Person" means an individual, firm,  corporation,  partnership,  or
  association.
8. "Temporary health care services agency" or "agency" means a person,
  firm,  corporation,  partnership,  association  or  other  entity in the
  business of providing or procuring temporary employment of  health  care
  personnel  for  health  care  entities.  Temporary  health care services
  agency shall include a nurses' registry licensed under article eleven of
  the general business  law  and  entities  that  utilize  apps  or  other
  technology-based solutions to provide or procure temporary employment of
  health  care  personnel  in  health care entities. Temporary health care
  services agency shall not include: (a) an individual who only engages in
  providing the individual's own services on a temporary basis  to  health
  care  entities;  or  (b)  a  home  care  agency  licensed  under article
  thirty-six of this chapter.
2023 New York Laws › PBH - Public Health › Article 29-K - Registration of Temporary Health Care Services Agencies and Health Care Technology Platforms › 2999-KK - Temporary Health Care Services Agencies; Minimum Standards.

§ 2999-kk. Temporary health care services agencies; minimum standards.
1.   A   temporary   health   care  services  agency  shall  appoint  an
administrator qualified by training, experience or education to  operate
the   agency.   Each   separate  agency  location  shall  have  its  own
administrator.
2. A temporary health care services agency shall  maintain  a  written
agreement or contract with each health care entity, which shall include,
at a minimum:
(a) The required minimum licensing, training, and continuing education
requirements for each assigned health care personnel.
(b)  Any  requirement  for  minimum  advance notice in order to ensure
prompt arrival of assigned health care personnel.
(c) The maximum rates that can be billed or charged by  the  temporary
health  care  services  agency  pursuant  to section twenty-nine hundred
ninety-nine-mm of this article and any applicable regulations.
(d) The rates to be charged by  the  temporary  health  care  services
agency.
(e)  Procedures  for  the  investigation  and resolution of complaints
about  the  performance  of  temporary  health  care   services   agency
personnel.
(f)  Procedures  for  notice  from  health care entities of failure of
medical personnel to report to assignments.
(g) Procedures  for  notice  of  actual  or  suspected  abuse,  theft,
tampering  or  other  diversion  of  controlled  substances  by  medical
personnel.
(h) The types and qualifications of health  care  personnel  available
for assignment through the temporary health care services agency.
3.  A  temporary  health  care  services  agency  shall  submit to the
department copies of all contracts between the agency and a health  care
entity  to  which it assigns or refers health care personnel, and copies
of all invoices to health care entities  personnel.  Executed  contracts
must  be  sent  to  the  department  within  five business days of their
effective date and are not subject to disclosure under  article  six  of
the public officers law.
4.  The  commissioner  may  promulgate  regulations  to  implement the
requirements  of  this  section  and  to  establish  additional  minimum
standards  for the operation of temporary health care services agencies,
including but  not  limited  to  pricing,  fees,  administrative  costs,
profits, and business practices.
5.  The commissioner may waive the requirements of this article during
a declared state or federal public health emergency.
2023 New York Laws › PBH - Public Health › Article 29-K - Registration of Temporary Health Care Services Agencies and Health Care Technology Platforms › 2999-LL - Violations; Penalties.

§  2999-ll.  Violations;  penalties.  In  addition  to  other remedies
  available by law, violations of the provisions of this article  and  any
  regulations  promulgated  thereunder  shall  be subject to penalties and
  fines pursuant to section twelve of  this  chapter;  provided,  however,
  that  each  violation  committed  by  any  health  care  personnel  of a
  temporary health care services agency shall  be  considered  a  separate
  violation.
2023 New York Laws › PBH - Public Health › Article 29-K - Registration of Temporary Health Care Services Agencies and Health Care Technology Platforms › 2999-MM - Rates for Temporary Health Care Services; Reports.

§  2999-mm.  Rates  for  temporary  health  care  services; reports. A
  temporary health care services agency  shall  report  quarterly  to  the
  department  a  full  disclosure of charges and compensation, including a
  schedule of all hourly bill rates per category of health care personnel,
  a full description of administrative charges, and a schedule of rates of
  all compensation per category of health care  personnel  including,  but
  not limited to:
1.  hourly regular pay rate, shift differential, weekend differential,
  hazard pay, charge  nurse  add-on,  overtime,  holiday  pay,  travel  or
  mileage pay, and any health or other fringe benefits provided;
2.  the  percentage  of  health  care  entity  dollars that the agency
  expended on temporary personnel  wages  and  benefits  compared  to  the
  temporary health care services agency's profits and other administrative
  costs;
3. a list of the states and zip codes of their health care personnels'
  primary residences;
4.  the  names of all health care entities they have contracted within
  New York state;
5. the number of health care personnel of the  temporary  health  care
  services agency working at each entity; and
6. any other information prescribed by the commissioner.
2023 New York Laws › PBH - Public Health › Article 30 - Emergency Medical Services › 3000 - Declaration of Policy and Statement of Purpose.

§ 3000. Declaration of policy and statement of purpose. The furnishing
  of  medical  assistance  in  an  emergency  is a matter of vital concern
  affecting the public health, safety and welfare.  Prehospital  emergency
  medical  care, the provision of prompt and effective communication among
  ambulances and hospitals and safe and effective care and  transportation
  of the sick and injured are essential public health services.
It is the purpose of this article to promote the public health, safety
  and  welfare by providing for certification of all advanced life support
  first response services and ambulance services; the creation of regional
  emergency medical services councils; and  a  New  York  state  emergency
  medical  services  council  to  develop  minimum  training standards for
  certified first responders, emergency medical technicians  and  advanced
  emergency  medical  technicians  and minimum equipment and communication
  standards  for  advanced  life  support  first  response  services   and
  ambulance services.
2023 New York Laws › PBH - Public Health › Article 30 - Emergency Medical Services › 3000-A - Emergency Medical Treatment.

§  3000-a.  Emergency  medical  treatment.  1.  Except  as provided in
  subdivision six of section six thousand six hundred eleven,  subdivision
  two  of  section six thousand five hundred twenty-seven, subdivision one
  of section six thousand nine hundred nine and sections six thousand five
  hundred forty-seven and six thousand seven hundred thirty-seven  of  the
  education  law,  any  person  who voluntarily and without expectation of
  monetary compensation renders first aid or emergency  treatment  at  the
  scene  of  an  accident  or other emergency outside a hospital, doctor's
  office or any other place having proper and necessary medical equipment,
  to a person who is unconscious, ill, or injured, shall not be liable for
  damages for injuries alleged to have been sustained by  such  person  or
  for  damages  for  the  death of such person alleged to have occurred by
  reason of an  act  or  omission  in  the  rendering  of  such  emergency
  treatment unless it is established that such injuries were or such death
  was  caused  by  gross negligence on the part of such person. Nothing in
  this section  shall  be  deemed  or  construed  to  relieve  a  licensed
  physician,  dentist, nurse, physical therapist or registered physician's
  assistant from liability for damages for injuries or death caused by  an
  act  or omission on the part of such person while rendering professional
  services in the normal and ordinary course of his or her practice.
2. (i) Any person or  entity  that  purchases,  operates,  facilitates
  implementation   or   makes   available   resuscitation  equipment  that
  facilitates  first  aid,  an  automated  external  defibrillator  or  an
  epinephrine  auto-injector  device  as required by or pursuant to law or
  local law, or that conducts training under section three  thousand-c  of
  this  article,  or  (ii)  an  emergency  health  care  provider  under a
  collaborative agreement pursuant to section  three  thousand-b  of  this
  article  with respect to an automated external defibrillator, or (iii) a
  health care practitioner  that  prescribes,  dispenses  or  provides  an
  epinephrine  auto-injector device under section three thousand-c of this
  article, shall not be liable for damages arising either from the use  of
  that  equipment  by  a person who voluntarily and without expectation of
  monetary compensation renders first aid or emergency  treatment  at  the
  scene  of  an  accident  or  medical  emergency,  or  from  the  use  of
  defectively manufactured equipment; provided that this subdivision shall
  not  limit  the  person's  or  entity's,  the  emergency   health   care
  provider's,  or  other health care practitioner's liability for his, her
  or its own negligence, gross negligence or intentional misconduct.
2023 New York Laws › PBH - Public Health › Article 30 - Emergency Medical Services › 3003-A - Ems Program Agencies.

§  3003-a.  EMS program agencies. 1. As provided by agreement with the
  commissioner or regional councils  based  on  needs  identified  by  the
  regional  emergency medical services councils, an EMS program agency may
  be responsible for facilitating quality improvement of emergency medical
  care within its region, staffing the regional emergency medical advisory
  committees provided  for  in  section  three  thousand  four-a  of  this
  article,  providing  prehospital  education  programs  approved  by  the
  department, and other activities  to  support  and  facilitate  regional
  emergency medical services systems.
2.  The  programs developed by the agencies established by subdivision
  one of this section shall be implemented beginning in  nineteen  hundred
  ninety-three  using  funds  collected  by  the  New York state emergency
  medical services training account, established within the  miscellaneous
  special  revenue  fund  -  339  by  section  ninety-seven-q of the state
  finance law.
3. The portion  of  the  funds  collected  by  the  emergency  medical
  services  training  New  York  state  account, established and allocated
  within  the  miscellaneous  special  revenue  fund  -  339  by   section
  ninety-seven-q  of  the  state finance law, shall be adequate to support
  the costs incurred in implementing the programs described in subdivision
  one of this section.
2023 New York Laws › PBH - Public Health › Article 30 - Emergency Medical Services › 3003-B - Availability of Ambulance Service That Provides Transportation by Aircraft to Store and Distribute Blood and Initiate and Administer Blood Transfusions.

§   3003-b.   Availability   of   ambulance   service   that  provides
  transportation by aircraft to store and distribute  blood  and  initiate
  and  administer  blood  transfusions.  1.  An ambulance service licensed
  under this article that provides transportation by  aircraft  may  store
  and  distribute  human  blood and blood products at all their facilities
  and qualified medical and health personnel, as defined in this  article,
  operating  within  an ambulance service licensed under this article, may
  initiate and administer human blood and blood product transfusions while
  providing  air  transport  services.  As  used  in  this  section,  "air
  transport  services" means emergency medical care and the transportation
  of sick or injured persons by  aircraft  to,  from  or  between  general
  hospitals or other health care facilities.
2.  Notwithstanding  title  five  of article five of this chapter, any
  ambulance  service   licensed   under   this   article   that   provides
  transportation  by  aircraft  and  only  for  purposes  of providing air
  transport services, may store  and  distribute  human  blood  and  blood
  products  in accordance with standards for the storage of blood products
  of the United  States  Food  and  Drug  Administration  and  any  rules,
  regulations,  guidance or minimum standards established pursuant to this
  section.
3. Prior to storing  and  distributing  blood  or  allowing  qualified
  medical   and   health   personnel  to  initiate  and  administer  blood
  transfusions under this section, the ambulance service shall ensure that
  it is in compliance with the rules,  regulations,  guidance  or  minimum
  standards  established  pursuant  to  this  section and other applicable
  emergency medical service requirements, and shall  provide  notification
  of  intent  to store and distribute blood or allow qualified medical and
  health personnel to initiate and administer blood transfusions  as  part
  of  their  air transport services at least sixty days prior to beginning
  such care.
4. The state emergency medical services council, with the approval  of
  the  commissioner,  shall promulgate rules and regulations to effectuate
  the purposes of this section.
2023 New York Laws › PBH - Public Health › Article 30 - Emergency Medical Services › 3004 - Emergency Medical Services System and Agency Performance Standards.

§  3004.  Emergency  medical  services  system  and agency performance
  standards. 1. The state emergency  medical  services  council  and  with
  input   from  the  regional  emergency  medical  services  councils,  in
  collaboration and with final approval of the department, shall create an
  emergency medical  services  system  and  agency  performance  standards
  (hereinafter  referred to as "performance standards") for the purpose of
  sustaining and evolving a reliable  emergency  medical  services  system
  including but not limited to emergency medical services agencies and any
  facility or agency that dispatches or accepts emergency medical services
  resources.
2.  The performance standards may include but shall not be limited to:
  safety   initiatives,   emergency   vehicle   operations,    operational
  competencies,  planning, training, onboarding, workforce development and
  engagement, survey responses, leadership and other standards and metrics
  as determined by the state  emergency  medical  services  council,  with
  approval  of  the  department,  to  promote  positive  patient outcomes,
  safety,  provider  retention  and  emergency  medical  services   system
  sustainability throughout the state.
3.  The  performance  standards  shall  require each emergency medical
  services agency, dispatch agency  or  facility  that  accepts  emergency
  medical services resources to perform regular and periodic review of the
  performance  standards  and its metrics, perform surveys, identification
  of agency deficiencies and strengths, development of programs to improve
  agency metrics, strengthen system  sustainability  and  operations,  and
  improve the delivery of patient care.
4. The department, after consultation with the state emergency medical
  services council and with input from regional emergency medical services
  councils,  may  contract  for  services  with  subject matter experts to
  assist in the oversight of the performance standards statewide.
5.  Emergency  medical  services  agencies  that  do  not   meet   the
  performance  standards  set  forth  in  this  section  may be subject to
  enforcement  actions,  including  but   not   limited   to   revocation,
  suspension,  performance improvement plans, or restriction from specific
  types of response including but not limited to suspension of ability  to
  respond  to  requests  for  emergency  medical  assistance or to perform
  emergency medical services.