STATE OF NEW YORK ________________________________________________________________________ 8093--A Cal. No. 983 IN SENATE March 28, 2018 ___________ Introduced by Sen. HANNON -- (at request of the Department of Health) -- read twice and ordered printed, and when printed to be committed to the Committee on Health -- reported favorably from said committee, ordered to first and second report, ordered to a third reading, amended and ordered reprinted, retaining its place in the order of third reading AN ACT to amend chapter 426 of the laws of 1983, amending the public health law relating to professional misconduct proceedings, in relation to the effectiveness of certain provisions thereof; to amend chapter 582 of the laws of 1984, amending the public health law relat- ing to regulating activities of physicians, in relation to the effec- tiveness of certain provisions thereof; to amend the public health law, in relation to extending the demonstration period in certain physician committees; to amend chapter 57 of the laws of 2015, amend- ing the social services law and other laws relating to energy audits and/or disaster preparedness reviews of residential healthcare facili- ties by the commissioner, in relation to the effectiveness of certain provisions thereof; to amend chapter 81 of the laws of 1995, amending the public health law and other laws relating to medical reimbursement and welfare reform, in relation to extending the effectiveness of certain provisions thereof; and to amend chapter 60 of the laws of 2014, amending the social services law relating to eliminating pres- criber prevails for brand name drugs with generic equivalents, in relation to the effectiveness thereof The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 5 of chapter 426 of the laws of 1983, amending the 2 public health law relating to professional misconduct proceedings, as 3 amended by section 22 of part B of chapter 56 of the laws of 2013, is 4 amended to read as follows: 5 § 5. This act shall take effect June 1, 1983 and shall remain in full 6 force and effect until [~~March 31, 2018~~] July 1, 2023. 7 § 2. Section 5 of chapter 582 of the laws of 1984, amending the public 8 health law relating to regulating activities of physicians, as amended EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD14386-02-8

S. 8093--A 2 1 by section 23 of part B of chapter 56 of the laws of 2013, is amended to 2 read as follows: 3 § 5. This act shall take effect immediately, provided however that the 4 provisions of this act shall remain in full force and effect until 5 [~~March 31, 2018~~] July 1, 2023 at which time the provisions of this act 6 shall be deemed to be repealed. 7 § 3. Subparagraph (ii) of paragraph (c) of subdivision 11 of section 8 230 of the public health law, as amended by section 5-c of part T of a 9 chapter of the laws of 2018, amending the public health law relating to 10 participation and membership in a demonstration period as proposed in 11 legislative bill numbers S. 7507-C and A. 9507-C, is amended to read as 12 follows: 13 (ii) Participation and membership during a three year demonstration 14 period in a physician committee of the Medical Society of the State of 15 New York or the New York State Osteopathic Society whose purpose is to 16 confront and refer to treatment physicians who are thought to be suffer- 17 ing from alcoholism, drug abuse, or mental illness. Such demonstration 18 period shall commence on April first, nineteen hundred eighty and termi- 19 nate on May thirty-first, nineteen hundred eighty-three. An additional 20 demonstration period shall commence on June first, nineteen hundred 21 eighty-three and terminate on March thirty-first, nineteen hundred 22 eighty-six. An additional demonstration period shall commence on April 23 first, nineteen hundred eighty-six and terminate on March thirty-first, 24 nineteen hundred eighty-nine. An additional demonstration period shall 25 commence April first, nineteen hundred eighty-nine and terminate March 26 thirty-first, nineteen hundred ninety-two. An additional demonstration 27 period shall commence April first, nineteen hundred ninety-two and 28 terminate March thirty-first, nineteen hundred ninety-five. An addi- 29 tional demonstration period shall commence on April first, nineteen 30 hundred ninety-five and terminate on March thirty-first, nineteen 31 hundred ninety-eight. An additional demonstration period shall commence 32 on April first, nineteen hundred ninety-eight and terminate on March 33 thirty-first, two thousand three. An additional demonstration period 34 shall commence on April first, two thousand three and terminate on March 35 thirty-first, two thousand thirteen. An additional demonstration period 36 shall commence April first, two thousand thirteen and terminate on March 37 thirty-first, two thousand eighteen. An additional demonstration period 38 shall commence April first, two thousand eighteen and terminate on 39 [~~March thirty-first~~] July first, two thousand twenty-three provided, 40 however, that the commissioner may prescribe requirements for the 41 continuation of such demonstration program, including periodic reviews 42 of such programs and submission of any reports and data necessary to 43 permit such reviews. During these additional periods, the provisions of 44 this subparagraph shall also apply to a physician committee of a county 45 medical society. 46 § 4. Subdivision 5 of section 60 of part B of chapter 57 of the laws 47 of 2015, amending the social services law and other laws relating to 48 energy audits and/or disaster preparedness reviews of residential 49 healthcare facilities by the commissioner, is amended to read as 50 follows: 51 5. section thirty-eight of this act shall expire and be deemed 52 repealed [~~March 31, 2018~~] July 1, 2021; 53 § 5. Subdivision 12 of section 246 of chapter 81 of the laws of 1995, 54 amending the public health law and other laws relating to medical 55 reimbursement and welfare reform, as amended by chapter 49 of the laws 56 of 2017, is amended to read as follows:

S. 8093--A 3 1 12. Sections one hundred five-b through one hundred five-f of this act 2 shall expire June 30, [~~2018~~] 2019. 3 § 6. Subdivision 4-a of section 71 of part C of chapter 60 of the laws 4 of 2014, amending the social services law relating to eliminating pres- 5 criber prevails for brand name drugs with generic equivalent, as amended 6 by section 2 of part I of chapter 57 of the laws of 2017, is amended to 7 read as follows: 8 4-a. section twenty-two of this act shall take effect April 1, 2014, 9 and shall be deemed expired January 1, [~~2019~~] 2021; 10 § 7. This act shall take effect immediately; provided however, that 11 sections one, two and four of this act shall be deemed to have been in 12 full force and effect on and after March 31, 2018; and provided further, 13 that section three of this act shall take effect on the same date and in 14 the same manner as a chapter of the laws of 2018, amending the public 15 health law relating to participation and membership in a demonstration 16 period as proposed in legislative bill numbers S. 7507-C and A. 9507-C, 17 takes effect.

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