reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter R - Health Maintenance Organizations › Part 98 - Health Maintenance Organizations › Subpart 98-2 - External Appeals Of Adverse Determinations › Section 98-2.13 - Audits and examinations

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
					 commissioner or superintendent or their representative(s) may examine at any
					 time each certified external appeal agent, including any entities under
					 contract with the certified external appeal agent for the purpose of carrying
					 out the requirements of title II of article 49 of the Public Health Law or
					 title II of article 49 of the Insurance Law and this Subpart, as to compliance
					 with such requirements and the quality of services offered.
(b) All external appeal case records shall be
					 subject to audit and examination for a period of six years from the date of the
					 certified external appeal agent's final determination on the appeal. All
					 documentation relating to the case shall be kept and maintained by the
					 certified external appeal agent for no less than six years from the date of the
					 certified external appeal agent's final determination on the appeal. Such
					 documentation shall include, but not be limited to:
(1) procedures for credentialing clinical
					 peer reviewers;
(2) procedures for
					 selecting clinical peer reviewers for the case, including procedures for
					 ensuring the absence of any prohibited material affiliation relative to
					 clinical peer reviewers;
(3)
					 enrollee's medical and treatment records;
(4) any other documentation received by the
					 certified external appeal agent relative to the case;
(5) notes, comments and determinations of
					 each clinical peer reviewer assigned to the case;
(6) written justification when more than
					 three clinical peer reviewers are assigned to a particular case;
(7) letter of notification to the enrollee
					 and the enrollee's health care plan and, as applicable, the enrollee's health
					 care provider of the final determination;
(8) the names and qualifications of the
					 clinical peer reviewer(s) that reviewed the external appeal; and
(9) a signed and notarized attestation from
					 each clinical peer reviewer assigned to an external appeal that no prohibited
					 material affiliation exists with respect to such external appeal.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter R - Health Maintenance Organizations › Part 98 - Health Maintenance Organizations › Subpart 98-3 - Managed Care Organizations Audited Financial Statements › Section 98-3.1 - Purpose

Current through Register Vol. 46, No. 28, July 10, 2024
The purpose of this Subpart is to apply audit and
						reporting standards upon managed care organizations (MCOs). These standards are
						modeled on the standards imposed on public companies by the Sarbanes-Oxley Act
						of 2002.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter R - Health Maintenance Organizations › Part 98 - Health Maintenance Organizations › Subpart 98-3 - Managed Care Organizations Audited Financial Statements › Section 98-3.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
For the purposes of this Subpart, the following
						definitions shall apply:
(a)
AICPA
means the American Institute of Certified Public
					 Accountants.
(b)
Affiliate
of, or person
affiliated
with another person means a
					 person that directly, or indirectly, controls, or is controlled by, or is under
					 common control with, the other person specified.
(c)
Audit committee
means a
					 committee (or equivalent body) established by the board of directors of a MCO
					 for the purpose of overseeing the accounting and financial reporting processes
					 of a MCO or group of MCOs, and audits of financial statements of the MCO or
					 group of affected MCOs; provided that:
(1) For
					 a holding company that controls a group of MCOs, the audit committee of the
					 holding company may be deemed to be the audit committee for one or more of
					 those controlled MCOs solely for the purposes of this Subpart even if all
					 members of the holding company audit committee are not residents of this
					 state;
(2) For a United States
					 branch of an alien MCO, the audit committee may be comprised of the audit
					 committee of the person that controls the United States branch; and
(3) For a MCO that does not otherwise
					 designate an audit committee, the MCO's entire board of directors shall
					 constitute the audit committee.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter R - Health Maintenance Organizations › Part 98 - Health Maintenance Organizations › Subpart 98-3 - Managed Care Organizations Audited Financial Statements › Section 98-3.3 - General requirements related to filing of annual audited financial reports and audit committee appointment

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Every MCO shall file an audited financial
					 report with the Commissioner on or before April 1 for the year ended December
					 31 immediately preceding.
(b) Every
					 MCO required to file an annual audited financial report pursuant to this
					 Subpart shall designate a group of individuals to constitute its audit
					 committee.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter R - Health Maintenance Organizations › Part 98 - Health Maintenance Organizations › Subpart 98-3 - Managed Care Organizations Audited Financial Statements › Section 98-3.4 - Contents of annual audited financial report

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The annual audited financial report shall
					 report the financial position of the MCO as of the end of the most recent
					 calendar year and the results of its operations, cash flows and changes in
					 capital and surplus for the year then ended in conformity with statutory
					 accounting practices prescribed, or otherwise permitted, by the New York State
					 Department of Financial Services pursuant to 11 NYCRR 83. In addition, a
					 company may comply by filing statements prepared in accordance with generally
					 accepted accounting principles, provided that appropriate reconciliation is
					 made as required by Section 307  of Insurance Law. The annual audited
					 financial report shall include the following:
(1) Report of CPA.
(2) Balance sheet reporting admitted assets,
					 liabilities, capital and surplus.
(3) Statement of operations.
(4) Statement of cash flow.
(5) Statement of changes in capital and
					 surplus.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter R - Health Maintenance Organizations › Part 98 - Health Maintenance Organizations › Subpart 98-3 - Managed Care Organizations Audited Financial Statements › Section 98-3.5 - Designation of CPA

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Every MCO
					 that files an annual audited financial report shall inform the Commissioner in
					 writing of the name and address of the CPA retained to conduct the annual audit
					 set forth in this Subpart. The MCO shall provide the name, address, telephone
					 number and email address of its CPA to the Commissioner by March 1, 2015, and
					 except as otherwise provided in this section, provide updated information
					 within 60 days of any change in CPA thereafter.
(b) The MCO shall obtain a letter from the
					 CPA, and file a copy with the Commissioner, stating that the CPA is aware of
					 the provisions of the insurance law and the regulations thereunder of the state
					 of domicile that relate to accounting and financial matters and affirming that
					 the CPA will express his or her opinion on the financial statements in terms of
					 their conformity to the statutory accounting practices prescribed or otherwise
					 permitted by the Department of Financial Services, specifying such exceptions
					 as the CPA may believe appropriate.
(c) If the CPA is dismissed or resigns:
(1) The MCO shall notify the Commissioner
					 within five business days of the event.
(2) The MCO shall submit a letter to the
					 Commissioner within 15 business days of the event stating whether there were
					 any disagreements at the decision-making level with the former CPA within the
					 previous two years (whether or not resolved to the CPA's satisfaction) on any
					 matter of accounting principles or practices, financial statement disclosure,
					 or auditing scope or procedure that might or could have been referenced in the
					 CPA's opinion attached to the audited financial report and detailing with
					 specificity the nature and extent of any such disagreements. (3) The MCO shall
					 submit, with the letter required by paragraph (2) of this subdivision, a letter
					 from the former CPA to the Commissioner stating whether the CPA agrees with the
					 statements contained in the MCO's letter and, if not, stating the reasons for
					 which the CPA does not agree.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter R - Health Maintenance Organizations › Part 98 - Health Maintenance Organizations › Subpart 98-3 - Managed Care Organizations Audited Financial Statements › Section 98-3.6 - Qualifications of CPA

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A MCO may
					 utilize a CPA for the purposes specified in this Subpart provided that the CPA:
(1) Meets the definition of a CPA set forth
					 in section 98-3.2(e)  of this Subpart;
(2) Has not either directly or indirectly
					 entered into an agreement of indemnity or release from liability (collectively
					 referred to as
indemnification
) with respect to the audit of
					 the MCO;
(3) Acts in conformity
					 with the standards of the accounting profession, such as set forth in the Code
					 of Professional Ethics of the AICPA and Rules and Regulations and Code of
					 Ethics of Professional Conduct of the New York Board of Public Accountancy, or
					 similar code; and
(4) Utilizes its
					 staff consistent with the standard prescribed by generally accepted auditing
					 standards.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter R - Health Maintenance Organizations › Part 98 - Health Maintenance Organizations › Subpart 98-3 - Managed Care Organizations Audited Financial Statements › Section 98-3.7 - Consolidated or combined audits

Current through Register Vol. 46, No. 28, July 10, 2024
A MCO may make written application to the Commissioner
						for approval to file audited consolidated or combined financial statements in
						lieu of separate annual audited financial statements, if the MCO is part of a
						group of MCOs that utilizes a pooling or 100 percent reinsurance agreement that
						affects the solvency and integrity of the MCO's reserves and the MCO cedes all
						of its direct and assumed business to the pool. In such cases, a columnar
						consolidating or combining worksheet shall be filed with the report, as
						follows:
(a) Amounts shown on the
					 consolidated or combined audited financial report shall be shown on the
					 worksheet;
(b) Amounts for each MCO
					 subject to this section shall be stated separately;
(c) Noninsurance operations must be shown on
					 the worksheet on a combined or individual basis;
(d) Explanations of consolidating and
					 eliminating entries shall be included; and
(e) A reconciliation shall be included of any
					 differences between the amounts shown in the individual MCO columns of the
					 worksheet and comparable amounts shown on the annual statements of the
					 MCOs.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter R - Health Maintenance Organizations › Part 98 - Health Maintenance Organizations › Subpart 98-3 - Managed Care Organizations Audited Financial Statements › Section 98-3.8 - Scope of audit and report of CPA

Current through Register Vol. 46, No. 28, July 10, 2024
A MCO shall have financial statements furnished pursuant
						to section 98-3.4  of this Subpart audited by the CPA. The audit of the MCO's
						financial statements shall be conducted in accordance with generally accepted
						auditing standards. The MCO shall attach to its financial statements a
						description, for each person assigned to the engagement pursuant to section
						98-3.11  of this Subpart, of the following: the accountant's background and
						experience in general, the accountant's experience with insurance matters, and
						whether each is a CPA.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter R - Health Maintenance Organizations › Part 98 - Health Maintenance Organizations › Subpart 98-3 - Managed Care Organizations Audited Financial Statements › Section 98-3.9 - Notification of adverse financial condition

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Every MCO required to furnish an annual
					 audited financial report shall require the CPA to report, in writing, to the
					 Commissioner, the board of directors and the MCO's audit committee within five
					 business days of any determination by the CPA that the MCO has materially
					 misstated its financial condition as reported to the Commissioner as of the
					 balance sheet date currently under audit or that the MCO does not meet the
					 contingent reserve requirement of 10 NYCRR 98-1.11(e).
(b) A MCO shall ensure that, if the CPA,
					 subsequent to the date of the audited financial report filed pursuant to this
					 regulation, becomes aware of facts that might have affected the report, the CPA
					 acts in accordance with professional obligations imposed by the AICPA and
					 PCAOB.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter R - Health Maintenance Organizations › Part 98 - Health Maintenance Organizations › Subpart 98-3 - Managed Care Organizations Audited Financial Statements › Section 98-3.10 - Communication of internal control related matters noted in an audit

Current through Register Vol. 46, No. 28, July 10, 2024
(a) In addition to
					 the annual audited financial report, every MCO shall obtain from its CPA a
					 written communication stating whether or not the CPA has noted any unremediated
					 material weaknesses in the MCO's internal control over financial reporting
					 during the audit. The communication prepared by the CPA shall also contain a
					 description of any unremediated material weakness as of December 31 of the
					 immediately preceding year.
(b) The
					 MCO shall provide a description of remedial actions taken or proposed to
					 correct unremediated material weaknesses, if the actions are not described in
					 the CPA's communication.
(c) The
					 MCO shall submit the written communication to the Commissioner as part of the
					 filing of each annual audited financial report filed with the Commissioner, as
					 required by 10 NYCRR 98-1.16(c).
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter R - Health Maintenance Organizations › Part 98 - Health Maintenance Organizations › Subpart 98-3 - Managed Care Organizations Audited Financial Statements › Section 98-3.11 - CPA's letter of qualifications

Current through Register Vol. 46, No. 28, July 10, 2024
Every MCO subject to this Subpart shall retain a CPA who
						agrees by written contract with such MCO to comply with the provisions of this
						section and 98-1.16. The contract must specify:
(a) That the CPA is independent with respect
					 to the MCO and is acting in conformity with the standards of the CPA's
					 profession, such as contained in the Code of Professional Ethics and
					 pronouncements of the AICPA and the Rules of Professional Conduct of the New
					 York Board of Public Accountancy, or similar code and meets the definition of a
					 CPA set forth in subdivision (e) of section 98-3.2  of this Subpart;
(b) That the CPA understands the annual
					 audited financial report, that the CPA's opinion thereon will be filed in
					 compliance with this Subpart and that the Commissioner will be relying on this
					 information in the monitoring and regulation of the financial condition of the
					 MCO;
(c) That the CPA consents to
					 the requirements of section 98-3.12  of this Subpart and that the CPA consents
					 and agrees to make available the work papers for review by the Commissioner;
					 and
(d) A representation that the
					 CPA is in compliance with the requirements of section 98-3.6  of this
					 Subpart.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter R - Health Maintenance Organizations › Part 98 - Health Maintenance Organizations › Subpart 98-3 - Managed Care Organizations Audited Financial Statements › Section 98-3.12 - Availability and maintenance of CPA work papers

Current through Register Vol. 46, No. 28, July 10, 2024
Every MCO shall require the CPA to make available for
						review by the Commissioner all work papers prepared in the conduct of the CPA's
						audit and any communications related to the audit between the CPA and the MCO,
						at the offices of the MCO, at the Health Department or at any other reasonable
						place designated by the Commissioner. Every MCO shall require that the CPA
						retain the audit work papers and communications for six calendar years from the
						date of the audit report.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter R - Health Maintenance Organizations › Part 98 - Health Maintenance Organizations › Subpart 98-3 - Managed Care Organizations Audited Financial Statements › Section 98-3.14 - Conduct of MCO in connection with the preparation of required reports and documents

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any
					 director or officer of a MCO, or any other person acting under the direction
					 thereof, shall not, directly or indirectly:
(1) Make or cause to be made a materially
					 false or misleading statement to a CPA in connection with any audit, review or
					 communication required under this Subpart; or
(2) Omit to state, or cause another person to
					 omit to state, any material fact necessary in order to make statements made, in
					 light of the circumstances under which the statements were made, not misleading
					 to a CPA in connection with any audit, review or communication required under
					 this Subpart.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter R - Health Maintenance Organizations › Part 98 - Health Maintenance Organizations › Subpart 98-3 - Managed Care Organizations Audited Financial Statements › Section 98-3.15 - Management's report of internal control over financial reporting

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Every MCO
					 required to file an audited financial report pursuant to this Subpart that has
					 annual direct written and assumed premiums, excluding premiums reinsured with
					 the Federal Crop Insurance Corporation and Federal Flood Program, of
					 $500,000,000 or more shall prepare a report of the MCO's or group of MCOs'
					 internal control over financial reporting. This report of internal control over
					 financial reporting, together with any communication about unremediated
					 material weaknesses discovered during the CPA's audit described under section
					 98-3.10  of this Subpart shall be submitted to the Commissioner upon the filing
					 date upon which each audited financial report is required to be filed.
					 Management's report of internal control over financial reporting shall be as of
					 December 31 immediately preceding.
(b)
(1) In
					 lieu of the report required by subdivision (a) of this section, a MCO may file
					 its or its parent's SOX section 404 report with the Commissioner, if the MCO
					 is:
(i) Directly subject to SOX section
					 404;
(ii) Not directly subject to
					 SOX section 404, but is a SOX compliant MCO; or
(iii) A member of a holding MCO system whose
					 parent is:
(a) Directly subject to SOX section
					 404; or
(b) Not directly subject to
					 SOX section 404, but is a SOX compliant MCO.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter R - Health Maintenance Organizations › Part 98 - Health Maintenance Organizations › Subpart 98-3 - Managed Care Organizations Audited Financial Statements › Section 98-3.16 - Effective date and special rules

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Effective date.
(1) The requirements of this Subpart, subject
					 to subdivision (b) of this section, shall apply beginning with the reporting
					 period ending December 31, 2015.
(2) A MCO acquired in a business combination
					 shall have two calendar years following the date of acquisition or combination
					 to comply with this Subpart.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter R - Health Maintenance Organizations › Part 98 - Health Maintenance Organizations › Subpart 98-4 › Section 98-4.1 - Purpose

Current through Register Vol. 46, No. 28, July 10, 2024
The purpose of this Subpart is to establish mental health
						and substance use disorder parity compliance program requirements to ensure
						that managed care organizations (MCOs) are providing coverage for benefits for
						the treatment of mental health and substance use disorder that is comparable to
						other health benefits provided by the MCO, as required under both state and
						federal law. This Subpart requires that such compliance programs establish
						corporate governance for parity compliance, identify discrepancies in coverage
						of services for the treatment of mental health conditions and substance use
						disorder, and ensure appropriate identification and remediation of improper
						practices.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter R - Health Maintenance Organizations › Part 98 - Health Maintenance Organizations › Subpart 98-4 › Section 98-4.2 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
This Subpart shall apply to all MCOs offering coverage
						that are subject to the mental health and substance use disorder requirements
						under Insurance Law § 4303 and Public Health Law § 4406.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter R - Health Maintenance Organizations › Part 98 - Health Maintenance Organizations › Subpart 98-4 › Section 98-4.4 - Mental health and substance use disorder parity compliance program

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Every MCO shall
					 adopt and implement a compliance program that shall include at a minimum:
(1) designation of an appropriately
					 experienced individual who shall:
(i) be
					 responsible for assessing, monitoring, and managing parity
					 compliance;
(ii) report directly to
					 the MCO's chief executive officer or other senior manager; and
(iii) report no less than annually to the
					 MCO's board of directors or other governing body, or the appropriate committee
					 thereof, on the activities of the compliance program;
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter S - Land Acquisition › Part 99 - Payments To An Owner Or Tenant Of Residential Property Or Commercial Property Upon Application For Allowance Of Moving Expenses In Vacating Property Acquired By The Department Of Health › Section 99.1 - Purpose

Current through Register Vol. 46, No. 28, July 10, 2024
The law stated above provides that the Commissioner of
					 Health, with the approval of the Director of the Budget, shall establish and
					 may amend rules and regulations authorizing the payment of reasonable and
					 necessary moving expenses of occupants of property acquired pursuant to such
					 law and may provide for a schedule of payments in fixed amounts, in lieu of
					 payments of reasonable and necessary actual moving expenses. The following
					 rules and regulations shall apply to making relocation payments to eligible
					 persons for their moving expenses caused by their displacement from real
					 property acquired pursuant to such law.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter S - Land Acquisition › Part 99 - Payments To An Owner Or Tenant Of Residential Property Or Commercial Property Upon Application For Allowance Of Moving Expenses In Vacating Property Acquired By The Department Of Health › Section 99.3 - General provisions

Current through Register Vol. 46, No. 28, July 10, 2024
Application for payment of moving expenses shall be made to
					 the State Commissioner of Health upon forms prescribed by him and shall be
					 accompanied by such information and evidence as he may require, and payment of
					 such will be made to eligible persons under the circumstances and to the extent
					 set forth below:
(a) General
				  provisions applicable to both residential and commercial moves.
(1) When there has been an approval of a
				  property acquisition program and property appropriation maps have been filed in
				  the Department of State and the occupant of the property has been notified of
				  such pending acquisition by the State or an agreement of purchase has been
				  executed by the property owner and delivered to the State, the eligible persons
				  are authorized to proceed with the relocation.
(2) Moving expenses shall not include any
				  cost of construction or improvement at the new location to replace property for
				  which compensation was made in the acquisition of right-of-way.
(3) In case of a partial taking of
				  right-of-way by the State, removal from the area being acquired to a remainder
				  area shall be considered a relocation eligible for the collection of moving
				  expenses if removal of personal property of an eligible person is
				  necessary.
(4) Moving expenses
				  shall not include any indirect losses or losses due to negligence.
(5) Where an eligible individual or family
				  occupy bona fide living quarters on the same premises as a business concern
				  (including the operation of a farm) or a nonprofit organization they may be
				  considered as a separate eligible person in determining the amount of payment
				  for residential moving costs.
(6)
				  After an eligible person has vacated the property, no moving expense payments
				  will thereafter be eligible to any party with respect to the subsequent
				  occupancy of the same property.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter S - Land Acquisition › Part 99 - Payments To An Owner Or Tenant Of Residential Property Or Commercial Property Upon Application For Allowance Of Moving Expenses In Vacating Property Acquired By The Department Of Health › Section 99.4 - Fixed moving expenses for residential individuals and families

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A flat fixed
				  sum will be allowed for moving expenses (provided application therefor is made
				  within six months of completion of move), based upon the terms and conditions
				  of this Part, to eligible persons which shall cover all items and incidentals
				  necessary to the vacating of the premises acquired or being acquired by the
				  State, according to the following number of counted rooms from which the
				  individual or family moves:
Number of counted
								  rooms
Amount
1
$ 45
11/2
54
2
63
21/2
72
3
81
31/2
88
4
95
41/2
102
5
108
51/2
115
6
122
61/2
129
7
135
71/2
142
8
149
81/2
156
9
162
91/2
169
10
176
101/2
183
11
189
111/2
196
12
203
121/2
210
13
216
131/2
223
14
230
141/2
237
15
243
151/2
250
16
257
161/2
264
17
270
171/2
277
18
284
181/2
291
19
297
191/2 and over
300
(b) Tenants in furnished rooms, furnished
				  apartments, and housetrailers where the principal household furniture and
				  equipment is owned by the operator of such a facility and when such tenant
				  furnishes and uses in such facilities a nominal amount of his own household
				  equipment; under such circumstances an individual upon proper application and
				  verification of the claim will be paid $10 upon vacating the premises and two
				  or more persons occupying such facilities as a family and who own and use a
				  nominal amount of their own furniture and household equipment will be paid $20
				  upon vacating the facility.
(c)
				  When a trailer is owner occupied and it is affixed to the ground and determined
				  to be real property and compensated for in the acquisition as such, the owner
				  will be allowed the fixed sum of $50 for vacating and removing all of his
				  personal effects that are not considered part of the realty.
(d) In the case of a typical trailer park,
				  where a trailer is attached to the local water and electric supply and the
				  trailer owner occupies space on a weekly, monthly or term lease rental basis,
				  such a trailer owner when orderd to remove to clear the site of the project
				  will be eligible to collect the flat sum of $50 to move his entire trailer,
				  equipment and appurtenances from the premises.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter S - Land Acquisition › Part 99 - Payments To An Owner Or Tenant Of Residential Property Or Commercial Property Upon Application For Allowance Of Moving Expenses In Vacating Property Acquired By The Department Of Health › Section 99.5 - Actual moving expenses for business concerns

Current through Register Vol. 46, No. 28, July 10, 2024
Moving expenses for business concerns, nonprofit
					 organizations and operation of a farm will be allowed on the basis of actual
					 costs as evidenced by receipted bills from recognized movers or in the case of
					 an owner or tenant performing the moving himself, on the basis of the cost of
					 hiring equipment and personnel at prevailing rates in the community for that
					 type of equipment and personnel. All books and records kept by the owner or
					 tenant shall be subject to review and audit by a State representative during
					 reasonable business hours all of which shall be documented in form satisfactory
					 to the Commissioner of Health. Such moving costs shall not include the moving
					 of any fixtures or equipment that were considered as part of the realty in the
					 acquisition of the premises and likewise such costs shall not include any
					 charges at the new location for electric wiring, or plumbing nor for the
					 remodeling, redecorating or reinforcing of the new structure to accommodate the
					 equipment or stock of the individual business concern, nonprofit organization
					 or in the operation of a farm. Whenever moving is performed by a licensed mover
					 operating under regulatory authority, the amount paid as reimbursement for
					 actual moving expenses shall not be in excess of the tariffs filed by such
					 mover with either the Interstate Commerce Commission or the State Public
					 Service Commission as the case may be.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter III - Public Water Supplies › Subchapter A - Municipalities, Districts, Companies, Institutions › Part 100 - Albany County › Cities › Section 100.1 - City of Albany

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Application. The rules and regulations hereinafter given, duly made and enacted
					 in accordance with the provisions of sections 70, 71 and 73 of chapter 45 of
					 the Consolidated Laws (Public Health Law), as amended by chapter 395 of the
					 Laws of 1928, shall apply to all natural and artificial reservoirs on
					 Hannacrois and Basic Creeks and to all watercourses and drainage areas
					 tributary thereto or ultimately discharging into said reservoirs, such bodies
					 of water being sources of the public water supply of the City of Albany, Albany
					 County, New York.
(b) Definitions.
(1) The term reservoir whenever used in this
					 section is intended to mean and refer to the impounding and storage reservoirs
					 on Hannacrois and Basic Creeks which are tributary to or with serve as sources
					 of the aforesaid public water supply, and to any additional reservoir which may
					 be constructed or used for the purpose of this public water supply.
(2) The term watercourse wherever used in
					 this section is intended to mean and include every spring, pond, lake (other
					 than artificial reservoirs and filter basins), stream, ditch, gutter or channel
					 of any kind, the waters of which, when running, whether continuously or
					 occasionally, eventually flow or may flow into the public water supply of the
					 City of Albany.
(3) Wherever a
					 linear distance of a structure or object from a reservoir or from a watercourse
					 is mentioned in this section, it is intended to mean the shortest horizontal
					 distance from the nearest point of the structure or object to the high-water
					 mark of a reservoir or to the edge, margin or precipitous bank forming the
					 ordinary high-water mark of such watercourse.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter III - Public Water Supplies › Subchapter A - Municipalities, Districts, Companies, Institutions › Part 100 - Albany County › Cities › Section 100.2 - City of Watervliet

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 [Application.] The rules and regulations hereinafter given, duly made and
					 enacted in accordance with the provisions of sections 70, 71, 72 and 73 of
					 chapter 45 of the Consolidated Laws (Public Health Law) as heretofore set forth
					 shall apply to all natural and artificial reservoirs on the Normanskill and to
					 all watercourses tributary thereto or ultimately discharging into said
					 reservoirs, these bodies of water being sources of the public water supply of
					 the city of Watervliet Albany County, New York.
(b) [Definitions.]
(1) The term reservoir wherever used in this
					 section is intended to mean and refer to all storage and impounding reservoirs
					 on the Normanskill which are tributary to or which serve as sources of this
					 public water supply or to any additional reservoir which may be constructed or
					 used for the purpose of this public water supply.
(2) The term watercourse wherever used in
					 this section is intended to mean and include every spring, pond (other than the
					 artificial reservoirs and filter basins), stream, ditch, gutter or other
					 channel of any kind the waters of which, when running whether continously or
					 occasionally, eventually flow or may flow into the public water supply of the
					 city of Watervliet.
(3) Wherever a
					 linear distance of a structure or object from a reservoir or from a watercourse
					 is mentioned in this section, it is intended to mean the shortest horizontal
					 distance from the nearest point of the structure or object to the high-water
					 mark of a reservoir or to the edge, margin or precipitous bank forming the
					 ordinary high-water mark of such watercourse.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter III - Public Water Supplies › Subchapter A - Municipalities, Districts, Companies, Institutions › Part 100 - Albany County › Villages › Section 100.4 - Village of Altamont

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 [Application.]
The rules and regulations hereinafter given, duly made,
						and enacted in accordance with the provisions of section 70, 71, 72 and 73 of
						chapter 45 of the Consolidated Laws (Public Health Law) as heretofore set forth
						shall apply to the mountain stream and to all watercourses entering or
						ultimately discharging into said stream above the intake at the impounding
						reservoir, said stream being a source of water supply of the village of
						Altamont.
(b)
					 [Definitions.]
(1) The term reservoir
					 wherever used in this section is intended to mean and refer to the impounding
					 and distributing reservoirs on the stream used as a source of water supply by
					 the village and to any additional reservoirs which may be constructed on said
					 stream or any of its tributaries.
(2) The term watercourse wherever used in
					 this section is intended to mean and include every spring, pond (other than the
					 artificial reservoirs and filter basins), stream, ditch, gutter or other
					 channel or permeable pipe or conduit of every kind, the waters of which, when
					 running whether continuously or occasionally, eventually flow or may flow into
					 the water supply of the said village of Altamont.
(3) Wherever a linear distance of structure
					 or object from a reservoir or from a watercourse is mentioned in this section,
					 it is intended to mean the shortest horizontal distance from the nearest point
					 of the structure or object to the high-water mark of a reservoir or to the
					 edge, margin or precipitous bank forming the ordinary high-water mark of such
					 watercourse.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter III - Public Water Supplies › Subchapter A - Municipalities, Districts, Companies, Institutions › Part 100 - Albany County › Villages › Section 100.5 - Village of Ravena

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 [Application.] The rules and regulations hereinafter given, duly made and
					 enacted in accordance with the provisions of sections 70, 71 and 73 of chapter
					 45 of the Consolidated Laws (Public Health Law), as amended by chapter 510 of
					 the Laws of 1921, shall apply to all natural and artificial reservoirs on
					 Hannacroix Creek and to all watercourses tributary thereto or ultimately
					 discharging into said reservoirs, these bodies of water being sources of the
					 public water supply of the village of Ravena, Albany County, New
					 York.
(b) [Definitions.]
(1) The term reservoir wherever used in this
					 section is intended to mean and refer to all storage and impounding reservoirs
					 used for the collection or storage of the flow from the above named creek which
					 are tributary to or which serve as sources of this public water supply or to
					 any additional reservoir which may be constructed or used for the purpose of
					 this public water supply.
(2) The
					 term watercourse wherever used in this section is intended to mean and include
					 every spring, pond (other than the artificial reservoirs and filter basins),
					 brook, stream, ditch, gutter or channel of any kind the waters of which, when
					 running whether continuously or occasionally, eventually flow or may flow into
					 the public water supply of the village of Ravena.
(3) Wherever a linear distance of a structure
					 or object from a reservoir or from a watercourse is mentioned in this section,
					 it is intended to mean the shortest horizontal distance from the nearest point
					 of the structure or object to the high-water mark of such reservoir or to the
					 edge, margin or precipitous bank forming the ordinary high-water mark of such
					 watercourse.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter III - Public Water Supplies › Subchapter A - Municipalities, Districts, Companies, Institutions › Part 100 - Albany County › Districts › Section 100.15 - Latham Water District, Town of Colonie (Wells)

Current through Register Vol. 46, No. 28, July 10, 2024
(a) [Application.]
The rules and regulations hereinafter give, duly made and
						enacted in accordance with the provisions of sections 70, 71 and 73 of chapter
						45 of the Consolidated Laws (Public Health Law), as amended by chapter 395 of
						the Laws of 1928, shall apply to the wells located on plots of land owned by
						the Latham Water District, situated on the south side of Shaker Road, west of
						Wolf Road, approximately one and a quarter miles west of the Latham-Loudonville
						Road; on the east side of the Old Niskayuna Road, approximately three quarters
						of a mile north of the Troy-Shaker Road; and on the east side of Wade Avenue,
						approximately one half mile south of the Troy-Schenectady Road in the town of
						Colonie, Albany County, which form the source of the public water supply of the
						Latham Water District, town of Colonie, Albany County, N. Y.
(b) [Definitions.]
(1) The term wells wherever used in this
					 section, is intended to mean and refer to the wells now used as a source of
					 this public water supply or to any additional well which may be constructed at
					 these points for the purpose of this public water supply.
(2) Wherever a linear distance of a structure
					 or object from the well is mentioned in this section, it is intended to mean
					 the shortest horizontal distance from the nearest point of the structure or
					 object to the nearest well.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter III - Public Water Supplies › Subchapter A - Municipalities, Districts, Companies, Institutions › Part 100 - Albany County › Districts › Section 100.16 - Latham Water District, Town of Colonie (Reservoir)

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Application. The following rules and
					 regulations enacted in accordance with the provisions of chapter 45 of the
					 Consolidated Laws (Public Health Law), as finally amended by chapter 879 of the
					 Laws of 1953, and numbered article 11 thereof, shall apply to the reservoir and
					 drainage areas tributary thereto which serve as a source of the public water
					 supply of the Latham Water District in the town of Colonie, Albany County, New
					 York, and to any future reservoirs which may be constructed to serve as part of
					 the source of supply.
(b)
					 Definitions.
(1) The term water supply
					 whenever used in this section refers to the public water supply of the Latham
					 Water District in the town of Colonie, Albany County, New York.
(2) The term reservoir refers to the
					 reservoir on land owned by the Latham Water District in the town of Clifton
					 Park, Saratoga County, New York.
(3) The term tributary refers to Stony Creek
					 or any stream discharging to the reservoir.
(4) The term linear distance refers to the
					 shortest horizontal distance from the nearest point of the structure or object
					 to the tributaries or the high-water mark of the reservoirs.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter III - Public Water Supplies › Subchapter A - Municipalities, Districts, Companies, Institutions › Part 100 - Albany County › Districts › Section 100.18 - Water District No. 1, Town of Bethlehem

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Application. The following rules and
					 regulations enacted in accordance with the provisions of sections 1100, 1101,
					 1102, 1103, 1104 and 1105 of chapter 45 of the Consolidated Laws (Public Health
					 Law), as finally amended by chapter 879 of the Laws of 1953, shall apply to the
					 springs and the spring-fed reservoirs and future drainage areas tributary
					 thereto which serve as a source of the public water supply of Water District
					 No. 1, Town of Bethlehem, Albany County, New York, and to any future reservoirs
					 which may be constructed to serve as part of the source of supply.
(b) Definitions.
(1) The term water supply wherever used in
					 this section refers to the public water supply of Water District No. 1, town of
					 Bethlehem, Albany County, New York.
(2) The term springs refers to those springs
					 located on the watershed and elsewhere and which are tributary to or contribute
					 to the Water District No. 1 water supply.
(3) The term reservoirs refers to the
					 impounding reservoir located on tributaries of Vly and Onesquethaw creeks in
					 the town of New Scotland, in the valley between Clipp Road and Rock Hill Road
					 on land owned by Water District No. 1, together with the two distribution
					 reservoirs located on New Scotland Road in the town of New Scotland also
					 located on land owned by Water District No. 1.
(4) The term watercourse means every spring,
					 pond (other than reservoirs), stream, marsh or channel of any kind, the waters
					 of which flow or may flow into this water supply.
(5) The linear distance of a structure or
					 object from the reservoir or watercourse is the shortest horizontal distance
					 from the nearest point of the structure or object to the high-water mark of a
					 reservoir or to the edge, margin or precipitous bank forming the ordinary
					 high-water mark of such watercourse.
(6) The term human excreta means feces, urine
					 and other excretions, commonly disposed of by the so-called dry system as
					 typified by the ordinary privy.
(7)
					 The term sewage means waste liquids containing human excreta and decomposing
					 matter flowing in or from a house drainage system or sewer.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter III - Public Water Supplies › Subchapter A - Municipalities, Districts, Companies, Institutions › Part 101 - Allegany County › Section 101.1 - Village of Alfred

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Application. The rules and regulations hereinafter given, duly made and enacted
				  in accordance with the provisions of sections 70, 71 and 73 of chapter 45 of
				  the Consolidated Laws (Public Health Law), as amended by chapter 391 of the
				  Laws of 1933, shall apply to all wells, which form the source of the public
				  water supply of the village of Alfred, Allegany County, N.Y.
(b) Definitions.
(1) The term well wherever used in this
				  section is intended to mean and refer to the wells now used as a source of this
				  public water supply or to any additional well which may be constructed for the
				  purpose of this public water supply.
(2) Wherever a linear distance of a structure
				  or object from any well is mentioned in this section, it is intended to mean
				  the shortest horizontal distance from the nearest point of the structure or
				  object to any well.