2023 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.
(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;
(e)  issue  a  non-patient  specific  statewide standing order for the
provision of doula  services  for  pregnant,  birthing,  and  postpartum
individuals through twelve months postpartum.
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, 2026
* (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, 2026
(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, 2026
* 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.
* 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, 2029
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.