§ 206 — Commissioner; general powers and duties

New York § 206

• Jurisdiction: New York
• Law PBH: Public Health
• Title 1: Officers and Employees
• Art. 2: The Department of Health

Text

§ 206. Commissioner; general powers and duties. 1. The commissioner\nshall:\n (a) take cognizance of the interests of health and life of the people\nof the state, and of all matters pertaining thereto and exercise the\nfunctions, powers and duties of the department prescribed by law;\n (b) exercise general supervision over the work of all local boards of\nhealth and health officers, unless otherwise provided by law;\n (c) exercise general supervision and control of the medical treatment\nof patients in the state institutions, public health centers and clinics\nin the department;\n (d) investigate the causes of disease, epidemics, the sources of\nmortality, and the effect of localities, employments and other\nconditions, upon the public health;\n (e) obtain, collect and preserve such information relating to\nmarriage, birth, mortality, disease and health as may be useful in the\ndischarge of his duties or may contribute to the promotion of health or\nthe security of life in the state; establish rules and regulations for\nthe determination of asymptomatic conditions including, but not limited\nto RH sensitivity, anemia, sickle cell anemia, cooley's anemia and\nvenereal disease;\n (f) enforce the public health law, the sanitary code and the\nprovisions of the medical assistance program, or its successor, pursuant\nto titles eleven, eleven-A and eleven-B of the social services law, as\namended by this chapter;\n (g) cause to be made from time to time examinations and inspections of\nthe sanitary conditions of each state institution and transmit copies of\nthe reports and recommendations thereon to the head of the state\ndepartment having jurisdiction over the institution examined;\n (h) cause to be made from time to time, examinations and inspections\nof all labor camps and enforce the provisions of the sanitary code\nrelating thereto;\n (i) cause to be made, from time to time, examinations and inspections\nof all Indian reservations, and enforce all provisions of the sanitary\ncode relating thereto.\n (j) cause to be made such scientific studies and research which have\nfor their purpose the reduction of morbidity and mortality and the\nimprovement of the quality of medical care through the conduction of\nmedical audits within the state. In conducting such studies and\nresearch, the commissioner is authorized to receive reports on forms\nprepared by him and the furnishing of such information to the\ncommissioner, or his authorized representatives, shall not subject any\nperson, hospital, sanitarium, rest home, nursing home, or other person\nor agency furnishing such information to any action for damages or other\nrelief. Such information when received by the commissioner, or his\nauthorized representatives, shall be kept confidential and shall be used\nsolely for the purposes of medical or scientific research or the\nimprovement of the quality of medical care through the conduction of\nmedical audits. Such information shall not be admissible as evidence in\nany action of any kind in any court or before any other tribunal, board,\nagency, or person.\n (k) notwithstanding any other provision of law, with the advice and\nassistance of the commissioner of agriculture and markets, establish\nrules and regulations to require such treatment of food or food\nproducts, including the addition or removal of specific substances, as\nmay be necessary for the protection of the public health against the\nhazards of ionizing radiation.\n (l) establish and operate such adult and child immunization programs\nas are necessary to prevent or minimize the spread of disease and to\nprotect the public health. Such programs may include the purchase and\ndistribution of vaccines to providers and municipalities, the operation\nof public immunization programs, quality assurance for immunization\nrelated activities and other immunization related activities. The\ncommissioner may promulgate such regulations as are necessary for the\nimplementation of this paragraph. Nothing in this paragraph shall\nauthorize mandatory immunization of adults or children, except as\nprovided in sections twenty-one hundred sixty-four and twenty-one\nhundred sixty-five of this chapter.\n (m) make such rules and regulations which may be necessary to require\npre-employment physical examination and thereafter require such annual\nexaminations of all hospital employees for discovery of tuberculosis and\nother communicable diseases as he deems necessary for the safety and\nwell being of the people of the state.\n (n) by rule and regulation establish criteria for identification of\nareas and conditions involving high risk of lead poisoning, specify\nmethods of detection of lead in dwellings, provide for the\nadministration of prescribed tests for lead poisoning and the recording\nand reporting of the results thereof, and provide for professional and\npublic education, as may be necessary for the protection of the public\nhealth against the hazards of lead poisoning.\n (o) establish and publish a list of drug products, each of which shall\nmeet the following conditions:\n (1) The drug product has been certified or approved by the\ncommissioner of the Federal Food and Drug Administration as being safe\nand effective for its labeled indications for use, and a new-drug\napplication or an abbreviated new-drug application approved pursuant to\nthe Federal Food, Drug, and Cosmetic Act is held for such drug product;\nand\n (2) The commissioner of the Federal Food and Drug Administration has\nevaluated such drug product as:\n (i) pharmaceutically and therapeutically equivalent and has listed\nsuch drug product on the list of approved drugs products with the\ntherapeutic equivalence evaluations, provided, however, that the list\nprepared by the commissioner shall not include any drug product which\nthe commissioner of the Federal Food and Drug Administration has\nidentified as having an actual or potential bioequivalence problem; or\n (ii) as an interchangeable biological product and has listed such\nproduct on the list of approved drug products with interchangeability.\n (p) promulgate rules and regulations establishing procedures to be\nused in implementing the provisions of article thirteen-E of this\nchapter as limited by section thirteen hundred ninety-nine-x of article\nthirteen-E of this chapter. Such rules and regulations shall include,\nbut not be limited to, such matters as may be required to ensure that\nthe established procedures thereunder shall at least be in compliance\nwith the relevant provisions of the code of fair procedure set forth in\nsection seventy-three of the civil rights law.\n (q) have the authority to carry out the provisions of section one\nhundred seventy-seven-a of the navigation law.\n * (r) shall prepare for publication, and cause to be distributed by\ngeneral hospitals to patients upon inpatient admission, a booklet\ncontaining the information and materials required to be distributed to\npatients pursuant to this chapter and federal law. Where reasonable and\nappropriate, the booklet may summarize or describe information and\nmaterials required to be distributed to the patient, and how they may be\nobtained. The commissioner shall prepare and distribute to general\nhospitals physical, electronic or other materials from which the booklet\ncan be produced. The commissioner shall revise and update such prepared\nbooklet on a timely basis to reflect any changes in patient information\nand materials required to be distributed pursuant to law.\n * NB There are 2 par. (r)'s\n * (r) by rule and regulation, establish standards necessary and\nappropriate for the implementation of item (ii) of clause (a) of section\nthree hundred twenty-two-c of the general business law. Such rules and\nregulations shall be approved by the New York state fire prevention and\nbuilding code council.\n * NB There are 2 par. (r)'s\n (s) issue a readiness report to the legislature, detailing the status\nof the statewide health benefit exchange, state enrollment center, and\nstate Medicaid enrollment center established under executive order\nnumber forty-two of two thousand twelve, by August thirtieth, two\nthousand thirteen. The readiness report may be provided in electronic\nformat and shall be distributed to the temporary president of the\nsenate, the speaker of the assembly, the chair of the senate standing\ncommittee on health, and the chair of the assembly health committee. The\nreadiness report shall outline the progress and preparedness of the\nhealth benefit exchange, state enrollment center, and state Medicaid\nenrollment center and detail how the exchange, state enrollment center,\nand state Medicaid enrollment center will carry out their respective\nfunctions including but not limited to:\n (i) the process by which the health benefit exchange, state enrollment\ncenter, and state Medicaid enrollment center will begin accepting\napplications on October first, two thousand thirteen;\n (ii) the process by which the health benefit exchange, state\nenrollment center, and state Medicaid enrollment center will certify\nqualified health plans;\n (iii) the anticipated cost of individual and small group plans being\noffered in the health benefit exchange;\n (iv) the number of navigators approved;\n (v) the plan for full operation by January first, two thousand\nfourteen; and\n (vi) the plan to become fiscally self-sustaining by January first, two\nthousand fifteen.\n (t) The department shall submit as part of its annual report prepared\npursuant to section one hundred sixty-four of the executive law, which\nmay be submitted in electronic format, comprehensive information\nincluding, but not limited to, a detailed description of the\ndepartment's mission, priorities and goals for the upcoming year,\nachievements of the past year, and any relevant data and statistics.\n (u) The commissioner shall provide a written or electronic copy of any\nstate plan amendment submitted to the centers for Medicare and Medicaid\nservices to the chair of the senate standing committee on health and the\nchair of the assembly health committee, no later than five business days\nfrom the date of mailing or submission.\n * (v) require, in consultation and cooperation with the superintendent\nof financial services, that every individual applying for health care\ncoverage through the state health benefit exchange established pursuant\nto the federal Patient Protection and Affordable Care Act (P.L.\n111-148), as amended by the federal Health Care and Education\nReconciliation Act of 2010 (P.L. 111-152), be provided space so that\nsuch applicant may register in the "donate life registry" for organ, eye\nand tissue donations under section forty-three hundred ten of this\nchapter with the following stated in clear conspicuous type:\n "Would you like to be added to the Donate Life Registry? Check box for\n'yes' or 'skip this question'."\n The commissioner shall not maintain records of any person who checks\n"skip this question". Except where the application is made in person or\nelectronically, failure to check a box shall not impair the validity of\nan application, and failure to check "yes" or checking "skip this\nquestion" shall not be construed to imply a wish not to donate. In the\ncase of an applicant under eighteen years of age, checking "yes" shall\nnot constitute consent to make an anatomical gift or registration in the\ndonate life registry. Where an applicant has previously consented to\nmake an anatomical gift or registered in the donate life registry,\nchecking "skip this question" or failing to check a box shall not impair\nthat consent or registration.\n * NB Effective until December 21, 2026\n * (v) require, in consultation and cooperation with the superintendent\nof financial services, that every individual applying for health care\ncoverage through the state health benefit exchange established pursuant\nto the federal Patient Protection and Affordable Care Act (P.L.\n111-148), as amended by the federal Health Care and Education\nReconciliation Act of 2010 (P.L. 111-152), be provided space so that\nsuch applicant may register in the "donate life registry" for organ, eye\nand tissue donations under section forty-three hundred ten of this\nchapter with the following stated in clear conspicuous type:\n "Would you like to be added to the Donate Life Registry? Check box for\n'yes' or 'skip this question'."\n The commissioner shall not maintain records of any person who checks\n"skip this question". Except where the application is made in person or\nelectronically, failure to check a box shall not impair the validity of\nan application, and failure to check "yes" or checking "skip this\nquestion" shall not be construed to imply a wish not to donate. In the\ncase of an applicant under eighteen years of age, checking "yes" shall\nnot constitute consent to make an anatomical gift or registration in the\ndonate life registry, except as otherwise provided pursuant to the\nprovisions of paragraph (b) of subdivision one of section forty-three\nhundred one of this chapter. Where an applicant has previously consented\nto make an anatomical gift or registered in the donate life registry,\nchecking "skip this question" or failing to check a box shall not impair\nthat consent or registration.\n * NB Effective December 21, 2026\n * NB There are 2 par (v)'s\n * (v) by rule and regulation, cause the distribution of crib safety\ninformation. (1) The commissioner shall require that every hospital and\nbirth center distribute at the time of discharge directly to each\nmaternity patient and, upon request, to the general public an\ninformational leaflet concerning crib safety. Such leaflet shall be\ndesigned by the commissioner in conjunction with the director of the\ndivision of consumer protection, on behalf of the consumer protection\ndivision, and shall contain information detailing safe sleeping\nprocedures for babies, crib product recalls and disclosure of the\nfederal standards on the manufacture and sale of cribs.\n (2) Such leaflet shall be made available to hospitals and birth\ncenters by the department on its website and shall be provided in\nEnglish, as well as the top six languages other than English spoken in\nthe state according to the latest available data from the United States\nBureau of Census.\n (3) Hospital staff shall inquire whether the maternity patient has a\nnew crib available for any newborns. If the maternity patients do not\nhave a new crib available, hospital staff shall provide information\nabout where to obtain a new crib, including social services agencies,\nnon-profit service providers or other relevant organizations.\n * NB There are 2 par (v)'s\n * (w) require that every electronic health record vendor include and\nintegrate components into their electronic health record products\nimplemented for general hospitals in the state regulated under article\ntwenty-eight of this chapter in such a manner to allow patients to\nregister directly in the New York state "donate life registry" for\norgan, eye and tissue donations as provided for under section\nforty-three hundred ten of this chapter. Such registration shall be via\na patient-facing portal, provided that, to protect patient\nconfidentiality and prevent conflicts of interest, such electronic\nhealth record products do not retain or store patients' donor status\ninformation, and provided, further, that such electronic health record\nproducts meet standards as may be established by the commissioner,\nincluding, but not limited to, a standardized question allowing direct\nenrollment in the donate life registry and required data elements.\nElectronic health record vendors shall provide the integration of such\nelements without additional cost under this paragraph as a component of\neither existing or new implementations of their electronic health record\nproducts. Patient facing elements of these products shall include\nopportunities for patients to directly register in the "donate life\nregistry" for organ, eye and tissue donations as a component of such\nelements.\n * NB Effective December 21, 2026\n 2. The commissioner and any person authorized by him so to do, may,\nwithout fee or hindrance, enter, examine and survey all grounds,\nerections, vehicles, structures, apartments, buildings and places.\n 3. The commissioner may, on behalf and in the interest of the health\nof the people of the state enter into such contracts or agreements with\nindividuals, colleges, universities, associations, corporations,\nmunicipalities and other units of government as may be deemed necessary\nand advisable to carry out the general intent and purposes of the public\nhealth law and the sanitary code. Such contracts may provide for payment\nby the state, within the limit of funds available, for materials,\nequipment or services.\n 4. The commissioner may:\n (a) issue subpoenas, compel the attendance of witnesses and compel\nthem to testify in any matter or proceeding before him, and may also\nrequire a witness to attend and give testimony in a county where he\nresides or has a place of business without the payment of any fees;\n (b) annul or modify an order, regulation, by-law or ordinance of a\nlocal board of health concerning a matter which in his judgment affects\nthe public health beyond the territory over which such local board of\nhealth has jurisdiction;\n (c) assess any penalty prescribed for a violation of or a failure to\ncomply with any term or provision of this chapter or of any lawful\nnotice, order or regulation pursuant thereto, not exceeding two thousand\ndollars for every such violation or failure, which penalty may be\nassessed after a hearing or an opportunity to be heard;\n (d) assess civil penalties against a public water system which\nprovides water to the public for human consumption through pipes or\nother constructed conveyances, as further defined in the state sanitary\ncode or, in the case of mass gatherings, the person who holds or\npromotes the mass gathering as defined in subdivision five of section\ntwo hundred twenty-five of this article not to exceed twenty-five\nthousand dollars per day, for each violation of or failure to comply\nwith any term or provision of the state sanitary code as it relates to\npublic water systems that serve a population of five thousand or more\npersons or any mass gatherings, which penalty may be assessed after a\nhearing or an opportunity to be heard;\n (e) issue a non-patient specific statewide standing order for the\nprovision of doula services for pregnant, birthing, and postpartum\nindividuals through twelve months postpartum.\n 5. Subject to the provisions of the state finance law, the\ncommissioner is authorized to take, and administer for the state any\ngrant, gift or bequest to be applied, principal or income or both, for\nthe purposes specified in such grant, to the maintenance and use of any\nhospital, institution or service in the department.\n 6. The commissioner may enter into contracts:\n (a) with corporations duly licensed in the state of New York to\ntransact the business of accident and health insurance to provide to\nsick and disabled persons insured by them such home care, including\nnursing and other paramedical services (excluding physicians' services)\nas may be needed by them;\n (b) with hospital service corporations organized and operating in\naccordance with article forty-three of the insurance law to provide to\ntheir subscribers nursing service and such other paramedical services as\nwould have been available in a hospital (excluding physicians' services)\nat rates which shall prior to payment be approved as to reasonableness\nby the superintendent of financial services;\n (c) with any municipal corporation or local, state or federal agency\nto provide such home care, including nursing and other paramedical\nservices (excluding physicians' services) as may be needed by sick and\ndisabled persons;\n (d) with medical expense indemnity corporations organized and\noperating in accordance with article forty-three of the insurance law to\nprovide their subscribers with such home care, including nursing and\nother paramedical services, as may be needed by them at rates which\nshall prior to payment be approved as to reasonableness by the\nsuperintendent of financial services; and\n (e) with any non-profit corporation, agency or association established\nfor the purpose of improvement of health services or for the purpose of\nproviding home care for sick and disabled persons, including nursing and\nother paramedical services (excluding physicians' services) as may be\nneeded by such persons.\n Such services may be provided by the state health commissioner by\nsubcontract with a city or county rendering nursing and other\nparamedical services or any non-profit corporation, agency or\nassociation established for the purpose of the improvement of health\nservices or for the purpose of providing home care for sick and disabled\npersons including nursing and other paramedical services (excluding\nphysicians' services).\n The state health commissioner shall establish the fees to be charged\nfor such services to be rendered pursuant to such contracts and, upon\nreceipt of such fees, shall remit the same to the comptroller.\n 7. The commissioner may establish fees for nursing and other\nparamedical services (excluding physicians' services) rendered to people\nsick at home.\n Such services may be provided by the state health commissioner or by\nsubcontract with a city or county rendering nursing and other\nparamedical services or any non-profit corporation, agency, or\nassociation established for the purpose of the improvement of health\nservices or for the purpose of providing home care for sick and disabled\npersons including nursing and other paramedical services (excluding\nphysicians' services).\n 8. Whenever, in this chapter, the commissioner is empowered to or\ncharged with the responsibility to do or perform any act, he may\ndeputize in writing any officer or employee in the department to do or\nperform the act in his place and stead.\n 9. The commissioner may deputize in writing any local health officer\nto do or perform in his place and stead those duties and\nresponsibilities charged upon the commissioner by paragraphs (d), (g),\n(h) and (i) of subdivision one of this section, those duties of\ninspection and enforcement charged upon the commissioner by paragraph f\nof subdivision three of section six thousand five hundred fifty-eight of\nthe education law and those duties of inspection and supervision charged\nupon the department by paragraphs (m), (n), (r) and (s) of subdivision\none of section two hundred one of this chapter; provided, however, in\nthe city of New York such deputization shall be subject to the prior\napproval of the mayor of such city.\n 10. The commissioner, with the approval of the state director of the\nbudget, shall establish and promulgate a schedule of proportional shares\nfor cost sharing under subdivision one of section three hundred\nsixty-nine-d of the social services law. In developing such a schedule,\nthe commissioner shall take into consideration various options available\nfor obtaining health care services, the availability of such services,\nand the impact of cost sharing on prudent utilization and efficient\nprovision of services without undue barriers to care for persons\neligible for assistance under the catastrophic health care expense\nprogram established by section three hundred sixty-nine-c of the social\nservices law.\n 11. The commissioner shall cooperate with the commissioner of the\nstate department of environmental conservation, district attorneys and\nthe department of law in providing assistance in the investigation and\nprosecutions of violations of article twenty-seven of the environmental\nconservation law.\n * 12. (a) The commissioner shall establish and assess a regulatory\nassessment fee which will be charged to providers of health-care\nservices regulated by the department under the provisions of articles\ntwenty-eight, thirty-six and forty-four of this chapter, including\nhealth maintenance organizations established pursuant to article\nforty-three of the insurance law. The level of such regulatory fees\nshall be sufficient to recover the costs related to regulating such\nproviders and costs related to the establishment and auditing of rates\nof reimbursement for the state fiscal year ending during the annual\nperiod in which such fee shall be assessed. Such costs will be certified\nby the director of the budget to the commissioner and shall include\ndirect and indirect costs. The commissioner, subject to the approval of\nthe director of the budget, shall develop a means of distributing the\nassessment of such a fee among the affected health-care providers based\nupon each provider's proportionate share of the sum of total costs and\nrevenues reported for all such providers. For the purposes of this\nsection, the sum of total costs and revenues shall be calculated by\nincluding, for the most recent annual period for which certified data is\navailable, total reported costs of a facility except that amounts\nincluded for general hospital outpatient and emergency services and\ntreatment or diagnostic center services shall be based upon reported, or\nin its absence, estimated revenues, and costs included for article\nforty-four providers, and article forty-three providers of the insurance\nlaw shall exclude costs associated with the purchase of inpatient\nservices.\n (b) The fees assessed pursuant to this subdivision shall be deemed\nallowable operating costs in the determination of reimbursement rates\nand charges established pursuant to articles twenty-eight, thirty-six\nand forty-four of this chapter and article forty-three of the insurance\nlaw. The costs incurred for this purpose during a given rate year shall\nbe included in the respective reimbursement rates for each such year.\nCharges established pursuant to subdivisions six and thirteen of section\ntwenty-eight hundred seven-a of this chapter shall also be permitted to\nincrease to include the annual costs associated with the assessment of\nsuch fee. The cost of such fee shall not be subject to reimbursement\nceilings or other penalties used by the commissioner for the purpose of\nestablishing rates of reimbursement pursuant to articles twenty-eight,\nthirty-six and forty-four of this chapter and article forty-three of the\ninsurance law. Whenever an adjustment in such fees is made,\nreimbursement rates shall also be adjusted to include the increase or\ndecrease in costs associated with such assessment fee.\n (c) There is hereby created and established in the joint custody of\nthe comptroller and the commissioner of taxation and finance an account\nto be known as the health care regulatory account. Notwithstanding\nsection one hundred twenty-one of the state finance law or any other law\nto the contrary, the commissioner shall pay to the state treasurer for\ndeposit into such account any revenues received from the regulatory fee\nor amounts withheld pursuant to paragraph (d) of this subdivision. The\ncommissioner shall establish by regulation a schedule of payments which\nto the extent practicable shall reflect the timeliness of reimbursement\nreceived by providers for the cost of such fee and define timely\npayments of the regulatory assessment fee for the purposes of\nimplementing paragraph (d) of this subdivision. Payments established\npursuant to this paragraph shall not be due until reimbursement rates\nestablished pursuant to articles twenty-eight, thirty-six and forty-four\nof this chapter and article forty-three of the insurance law are\nadjusted to include the annual cost of such fee. The fee may be adjusted\nby the commissioner at any time, but in no event shall the fees exceed\nthe amount appropriated for transfer to the general fund from the health\ncare regulatory account.\n (d) Upon receipt of notification from the commissioner or the director\nof the budget, the comptroller or a fiscal intermediary designated by\nthe director of the budget shall withhold from the amount of any payment\nto be made by the state to a provider enumerated in paragraph (a) of\nthis subdivision the amount of such arrearage resulting from such\nprovider's failure to make a timely payment of the regulatory assessment\nfee in accordance with the schedule promulgated by the commissioner.\nUpon withholding such amount, the comptroller or a designated fiscal\nintermediary shall pay the commissioner such amount withheld.\n * NB (Effective pending Federal Government Ruling)\n * 13. (a) The commissioner shall establish and assess a fee which will\nbe charged to providers of health-care services regulated by the\ndepartment under the provisions of articles twenty-eight, thirty-six and\nforty-four of this chapter, including health maintenance organizations\nestablished pursuant to article forty-three of the insurance law. The\nlevel of such fee shall be sufficient to recover the costs of making\ngrants to health systems agencies and to match other contributions\npursuant to subdivision (g) of section two thousand nine hundred four-b\nof this chapter (the health systems agency fee). The commissioner,\nsubject to the approval of the director of the budget, shall develop a\nmeans of distributing the assessment of the fee among the affected\nhealth-care providers based upon each provider's proportionate share of\nthe sum of total costs and revenues reported for all such providers. For\nthe purposes of this section, the sum of total costs and revenues shall\nbe calculated by including, for the most recent annual period for which\ncertified data is available, total reported costs of a facility except\nthat amounts included for general hospital outpatient and emergency\nservices and treatment or diagnostic center services shall be based upon\nreported, or in its absence estimated revenues, and costs included for\narticle forty-four providers and article forty-three providers of the\ninsurance law, shall exclude costs associated with the purchase of\ninpatient services. The fee shall not exceed one-tenth of one percent of\nthe total costs or revenues reported by such provider. There is hereby\ncreated and established in the joint custody of the comptroller and the\ncommissioner of taxation and finance an account to be known as the\nhealth systems agency account. Notwithstanding section one hundred\ntwenty-one of the state finance law, or any other law to the contrary,\nthe commissioner shall pay to the state treasurer for deposit into such\naccount any revenues received from the health systems agency fees or\namounts withheld pursuant to paragraph (c) of this subdivision for\nhealth systems agency fee obligations into the health systems agency\naccount. The monies deposited to the health systems agency account shall\nbe used to make grants to health systems agencies pursuant to\nsubdivision (f) of section twenty-nine hundred four-b of this chapter\nand to match contributions pursuant to subdivision (g) of section two\nthousand nine hundred four-b of this chapter. The commissioner shall\nestablish by regulation a schedule of payments which to the extent\npracticable shall reflect the timeliness of reimbursement received by\nproviders for the cost of such fee and a definition of timely payments\nfor the purposes of implementing paragraph (c) of this subdivision. No\npayment shall be due until reimbursement rates established pursuant to\narticles twenty-eight, thirty-six and forty-four of this chapter and\narticle forty-three of the insurance law are adjusted to include the\ncosts of the fee. The fee may be adjusted by the commissioner at any\ntime, but in no event shall the fees exceed the limitation set forth in\nthis paragraph.\n (b) The fees assessed pursuant to this subdivision shall be deemed\nallowable operating costs in the determination of reimbursement rates\nand charges established pursuant to articles twenty-eight, thirty-six\nand forty-four of this chapter and article forty-three of the insurance\nlaw. The costs incurred for this purpose during a given rate year shall\nbe included in the respective reimbursement rates for each such year.\nCharges established pursuant to subdivisions six and thirteen of section\ntwenty-eight hundred seven-a of this chapter shall also be permitted to\nincrease to include the annual costs associated with the assessment of\nsuch fee. The cost of such fee shall not be subject to reimbursement\nceilings or other penalties used by the commissioner for the purpose of\nestablishing rates of reimbursement pursuant to articles twenty-eight,\nthirty-six and forty-four of this chapter and article forty-three of the\ninsurance law. Whenever an adjustment in such fees is made,\nreimbursement rates shall also be adjusted to include the increase or\ndecrease in costs associated with such fee.\n (c) Upon receipt of notification from the commissioner or the director\nof the budget, the comptroller or a fiscal intermediary designated by\nthe director of the budget shall withhold from the amount of any payment\nto be made by the state to a provider enumerated in paragraph (a) of\nthis subdivision the amount of such arrearage resulting from such\nprovider's failure to make a timely payment of the fee in accordance\nwith the schedule promulgated by the commissioner. Upon withholding such\namount, the comptroller or a designated fiscal intermediary shall pay\nthe commissioner such amount withheld.\n * NB (Effective pending Federal Government Ruling)\n 14. (a) Notwithstanding section one hundred twelve of the state\nfinance law or any other provision of law to the contrary, the\ncommissioner is authorized to establish a plan for the collection and\ndisbursement of clinical practice income resulting from the clinical\npractice of licensed health professionals employed by Roswell Park\nCancer Institute.\n (b) For the purposes of this subdivision the following words shall\nhave the following meanings:\n (i) "clinical practice" means providing all forms of medical and\nhealth care, including patient consultations, and performing clinical\ninvestigation involving patients, at or through Roswell Park Cancer\nInstitute, for which acts a fee for professional service is customarily\ncharged.\n (ii) "clinical practice income" means the income from fees for\nservices of licensed health professionals rendered in connection with\nclinical practice.\n (iii) "clinical practice plan" means a facility-based plan established\nto provide for the management, including collection and disbursement, of\nclinical practice income, subject to direction by a facility-based\ngoverning board.\n (c) The commissioner is authorized to promulgate such rules and\nregulations as may be necessary to implement the provisions of this\nsubdivision. Such rules shall include, but not be limited to, criteria\nfor participation in the clinical practice plan, including who\ncontributes and who may receive income from the plan, the purposes for\nwhich such income may be disbursed, the maximum allowable compensation,\nthe fringe benefits provided by the plan, provision for an accounting\nsystem for recording all receipts and disbursements of fees received,\nand provision for fiscal reports to the commissioner and an annual audit\nof such accounts by the state and/or an independent auditor.\n Notwithstanding any law, rule or regulation to the contrary, the\ncommissioner may determine the fringe benefits to be provided to the\nclinical practice plan members from clinical practice income and may\nauthorize the expenditure of clinical practice income for this purpose\nor to supplement fringe benefits provided from state appropriations.\n (d) Any clinical practice plan established pursuant to this\nsubdivision shall not restrict the authority of the comptroller in\nparagraph (c) of subdivision two of section four hundred nine of this\nchapter to maintain at all times on deposit in the department of health\nincome fund established pursuant to section four hundred nine of this\nchapter the aggregate amount of money needed by the department during\nsix calendar months to comply in full with all obligations of the\ndepartment under the terms of every lease, sublease, or agreement of the\ndepartment with the dormitory authority which is then in effect.\n (e) Employees with a faculty appointment participating in a clinical\npractice plan at Roswell Park Cancer Institute established pursuant to\nsubdivision fourteen of section two hundred six of this chapter who are\neligible to participate in the New York state employees' retirement\nsystem may elect, within ninety days of becoming eligible to participate\nin such system, in lieu of participating in such system, to participate\nin the optional retirement program available to employees of the state\nuniversity of New York pursuant to article eight-B of the education law,\nsubject to the terms and conditions of that article and to the\nprovisions of the retirement and social security law.\n * 15. Notwithstanding any other provision of law to the contrary, the\ncommissioner is authorized to establish a statewide in-line skate, skate\nboard, and bicycle helmet public education and awareness program and a\nstatewide in-line skate, skate board, and bicycle helmet distribution\nprogram. The purpose of the statewide in-line skate, skate board, and\nbicycle helmet public education and awareness program is to provide a\nplan for the coordination of county, city, town and village efforts to\nreduce in-line skate, skate board, and bicycle related injuries and\nfatalities. The purpose of the statewide in-line skate, skate board, and\nbicycle helmet distribution program is to provide a plan for the\ncoordination of county, city, town and village efforts to distribute\nhelmets to persons who can demonstrate an economic hardship that\nprecludes them from purchasing such helmet. The commissioner shall make\nall necessary efforts to ensure that an in-line skate, skate board, and\nbicycle helmet distribution program is instituted in each county of the\nstate. The commissioner is authorized to promulgate such rules and\nregulations as may be necessary to implement the provisions of this\nsubdivision.\n * NB There are 3 sub. 15's\n * 15. (a) The commissioner shall promulgate rules and regulations\nwhich establish:\n (i) procedures to review and approve rape crisis programs that provide\ntraining to rape crisis counselors as defined in section four thousand\nfive hundred ten of the civil practice law and rules;\n (ii) minimum training standards for rape crisis counselors;\n (iii) procedures to enable approved rape crisis programs to certify\ncurrent and future rape crisis counselors, including volunteer\ncounselors, provided such rape crisis counselors have met the minimum\ntraining standards as set forth in this subdivision; and\n (iv) procedures to periodically review approved training programs to\nassure they continue to satisfy established standards.\n (b) Rape crisis programs approved by the commissioner shall provide\ntraining programs consisting of at least thirty hours of pre-service\ntraining and within the first year of service at least ten hours of\nin-service training for rape crisis counselors. This training shall\ninclude but not be limited to, instruction on the following:\n (i) the dynamics of sexual offenses, sexual abuses or incest;\n (ii) crisis intervention techniques;\n (iii) client-counselor confidentiality requirements;\n (iv) communication skills and intervention techniques;\n (v) an overview of the state criminal justice system;\n (vi) an update and review of state laws on sexual offenses, sexual\nabuse or incest;\n (vii) the availability of state and community resources for clients;\n (viii) working with a diverse population;\n (ix) an overview of child abuse and maltreatment identification and\nreporting responsibilities; and\n (x) information on the availability of medical and legal assistance\nfor such clients.\n (c) The department shall provide technical assistance to approved rape\ncrisis programs to implement training programs in accordance with the\nminimum standards set forth in this subdivision.\n * NB There are 3 sub. 15's\n * 15. The commissioner is authorized to make grants and enter into\ncontracts, as recommended by the state task force on clinical practice\nguidelines and medical technology assessment established pursuant to\nsection twenty-eight hundred four-a of this chapter, for research and/or\nprojects to promote the identification, evaluation, development and/or\napplication of clinical practice guidelines and appropriate use of\nmedical technology, but in no way to direct or mandate the use of such\nguidelines or technology, to the extent of funds available therefor from\nthe commissioner's priority distributions pursuant to subparagraph (ii)\nof paragraph (f) of subdivision nineteen of section twenty-eight hundred\nseven-c of this chapter. No grants or contracts executed pursuant to\nthis section shall be for the purpose of developing clinical practice\nguideline based reimbursement methodologies or any other regulations.\nFor the purposes of this subdivision, "clinical practice guidelines"\nshall mean systematically developed statements to assist physician and\npatient decisions about the appropriate health care for specific\nclinical circumstances, and "medical technology" shall mean an\ninstrument or unit of equipment or technique for use as a health related\ntreatment, testing or diagnostic tool.\n * NB Expired June 30, 1996; There are 3 sub. 15's\n 16. The commissioner, in consultation with the commissioner of the\ndepartment of motor vehicles, shall promulgate rules and regulations\nspecifying the medical conditions based on health and safety which\njustify granting an exception to the requirements of subparagraphs one\nand two of paragraph (b) of subdivision twelve-a of section three\nhundred seventy-five of the vehicle and traffic law.\n * 17. (a) The commissioner shall enter into an agreement with the\ncommissioner of taxation and finance which shall set forth the\nprocedures for the crediting of overpayments of tax owed to an\nindividual taxpayer, estate or trust to the repayment of overpayments of\nmedical assistance payments owed to the department or a social services\ndistrict by such person pursuant to the provisions of section one\nhundred seventy-one-f of the tax law and is authorized to furnish to the\ncommissioner of taxation and finance such information and to take such\nother actions as may be necessary to carry out the agreement provided\nfor in such section, for the crediting of overpayments of tax to\nrepayment of overpayments of medical assistance payments received by an\nindividual who is or has been enrolled as a provider in the New York\nstate medical assistance program as established under title eleven of\narticle five of the social services law.\n (b) The department shall by regulation establish procedures by which\nany individual, estate or trust which is the subject of a certification\nto the department of taxation and finance in accordance with such\nagreement may contest such certification. Such regulations and the\nnotice required by subdivision three of section one hundred\nseventy-one-f of the tax law shall set forth defenses which may be\navailable to the individual, estate or trust to contest such\ncertification and the manner in which a review of the certification\nbased on such defenses may be obtained.\n (c) In accordance with such agreement and the provisions of section\none hundred seventy-one-f of the tax law, the department shall be\nentitled to receive payments to satisfy the payment obligation of a\nperson who is receiving or has received payment as a provider in the New\nYork state medical assistance program established under title eleven of\narticle five of the social services law, in accordance with a written\nfinal determination of the department, provided that a proceeding for\nadministrative or judicial review shall not be pending and the time for\ninitiation of such proceedings shall be expired.\n * NB There are 2 sub. 17's\n * 17. The department, upon completion of a review of the existing\nscientific research regarding allergic reactions to natural rubber latex\nproducts, shall issue guidelines, in consultation with health care\nproviders, for a latex management program, in health care settings.\n * NB There are 2 sub. 17's\n * 18. The commissioner is authorized and directed to promulgate rules\nand regulations to establish standards for water wells, including but\nnot limited to drilling, construction, abandonment, repair, maintenance,\nwater flow, including testing thereof, and pump standards for such\nwells.\n * NB There are 2 sub. 18's\n * 18. The commissioner, subject to the approval of the director of the\nbudget, is authorized to approve and implement medicaid demonstration\nprograms designed to provide additional knowledge and experience and to\ncollect information concerning alternative methodologies for\nreimbursement, delivery of medical services, or eligibility for medical\nassistance in hospice operated nursing homes and is further authorized\nto waive such provisions of article twenty-eight of this chapter and\ntitle eleven of article five of the social services law as are necessary\nto implement such demonstration programs when such waiver will promote\nthe efficient delivery of appropriate, quality, cost-effective services\nand when the health, safety and general welfare of patients will not be\nimpaired as a result of such waiver.\n * NB There are 2 sub. 18's\n 18-a. Health information technology demonstration program. (a) (i) The\ncommissioner is authorized to issue grant funding to one or more\norganizations broadly representative of physicians licensed in this\nstate, from funds made available for the purpose of funding research and\ndemonstration projects under subparagraph (ii) of this paragraph\ndesigned to promote the development of electronic health information\nexchange technologies in order to facilitate the adoption of\ninteroperable health records.\n (ii) Project funding shall be disbursed to projects pursuant to a\nrequest for proposals based on criteria relating to promoting the\nefficient and effective delivery of quality physician services.\nDemonstration projects eligible for funding under this paragraph shall\ninclude, but not be limited to:\n (A) efforts to incentivize electronic health record adoption;\n (B) interconnection of physicians through regional collaborations;\n (C) efforts to promote personalized health care and consumer choice;\n (D) efforts to enhance health care outcomes and health status\ngenerally through interoperable public health surveillance systems and\nstreamlined quality monitoring.\n (iii) The department shall issue a report to the governor, the\ntemporary president of the senate and the speaker of the assembly within\none year following the issuance of the grants. Such report shall\ncontain, at a minimum, the following information: the demonstration\nprojects implemented pursuant to this paragraph, their date of\nimplementation, their costs and the appropriateness of a broader\napplication of the health information technology program to increase the\nquality and efficiency of health care across the state.\n * (b) The commissioner shall:\n (i) post on its website by September first, two thousand fifteen and\nquarterly thereafter, information on the uses of funding in support of\nthe Statewide Health Information Network of New York (SHIN-NY),\nincluding how such funds may be used to:\n (A) support hospitals, physicians, and other providers in the\nachievement of federal meaningful use requirements;\n (B) support DSRIP health information exchange and data requirements to\nhelp performing provider systems and the state meet DSRIP quality goals;\nand\n (C) increase participation in regional health information\norganizations by providers at reasonable costs to the providers; and\n (ii) convene a workgroup to:\n (A) evaluate the state's health information technology infrastructure\nand systems, as well as other related plans and projects designed to\nmake improvements or modifications to such infrastructure and systems\nincluding, but not limited to, the all payor database (APD), the state\nplanning and research cooperative system (SPARCS), regional health\ninformation organizations (RHIOs), the statewide health information\nnetwork of New York (SHIN-NY) and medical assistance eligibility\nsystems; and\n (B) develop recommendations for the state to move toward a\ncomprehensive health claims and clinical database aimed at improving\nquality of care, efficiency, cost of care and patient satisfaction\navailable in a self-sustainable, non-duplicative, interactive and\ninteroperable manner that ensures safeguards for privacy,\nconfidentiality and security;\n (iii) submit an interim report to the governor, the temporary\npresident of the senate and the speaker of the assembly, which shall\ndetail the concerns and issues associated with establishing the state's\nhealth information technology infrastructure considered by the\nworkgroup, on or before December first, two thousand fourteen; and\n (iv) submit a report to the governor, the temporary president of the\nsenate and the speaker of the assembly, which shall fully consider the\nevaluation and recommendations of the workgroup, on or before December\nfirst, two thousand fifteen.\n * NB Effective until March 31, 2026\n * (b) The commissioner shall make such rules and regulations as may be\nnecessary to implement federal policies and disburse funds as required\nby the American Recovery and Reinvestment Act of 2009 and to promote the\ndevelopment of a statewide health information network of New York\n(SHIN-NY) to enable widespread interoperability among disparate health\ninformation systems, including electronic health records, personal\nhealth records and public health information systems, while protecting\nprivacy and security. Such rules and regulations shall include, but not\nbe limited to, requirements for organizations covered by 42 U.S.C. 17938\nor any other organizations that exchange health information through the\nSHIN-NY.\n * NB Effective March 31, 2026\n (c) The members of the workgroup shall include, at a minimum, three\nmembers who represent RHIOs, two members employed by the department who\nare involved in the development of the SHIN-NY and the APD, two members\nwho represent physicians, two members who represent hospitals, two\nmembers who represent home care agencies, one member who represents\nfederally qualified health centers, one member who represents county\nhealth commissioners, the chair of the senate health committee or his or\nher designee, the chair of the assembly health committee or his or her\ndesignee, and other individuals with expertise in matters relevant to\nthe charge of the workgroup.\n * (d) The commissioner may make such rules and regulations as may be\nnecessary to implement federal policies and disburse funds as required\nby the American Recovery and Reinvestment Act of 2009 and to promote the\ndevelopment of a self-sufficient SHIN-NY to enable widespread,\nnon-duplicative interoperability among disparate health information\nsystems, including electronic health records, personal health records,\nhealth care claims, payment and other administrative data, and public\nhealth information systems, while protecting privacy and security. Such\nrules and regulations shall include, but not be limited to, requirements\nfor organizations covered by 42 U.S.C. 17938 or any other organizations\nthat exchange health information through the SHIN-NY or any other\nstatewide health information system recommended by the workgroup. If the\ncommissioner seeks to promulgate rules and regulations prior to issuance\nof the report identified in subparagraph (iv) of paragraph (b) of this\nsubdivision, the commissioner shall submit the proposed regulations to\nthe workgroup for its input. If the commissioner seeks to promulgate\nrules and regulations after the issuance of the report identified in\nsuch subparagraph (iv) then the commissioner shall consider the report\nand recommendations of the workgroup. If the commissioner acts in a\nmanner inconsistent with the input or recommendations of the workgroup,\nhe or she shall provide the reasons therefor.\n * NB Effective until March 31, 2026\n * 19. The commissioner is authorized and directed to promulgate rules\nand regulations as may be necessary, with respect to the form and\ncontent of applications for licenses, the fees to be charged for\nobtaining licenses, permits, duplicates and renewals, the reception\nthereof, the investigation and examination of applicants and of\nprospective applicants taking examinations and their qualifications, the\ninquiry into the operation of body piercing or tattooing studios and the\nconducting of periodic inspection of facilities to determine compliance\nby the tattoo or body piercing studio with applicable statutes, rules\nand regulations, appropriate penalties for failure to abide by rules and\nregulations promulgated pursuant to this article, and additional visits\nthat may be made to tattoo or body piercing studios to determine whether\nviolations or deficiencies have been corrected, to investigate any\ncomplaint, and for any other purposes deemed necessary and appropriate\nby the commissioner. Such regulations shall include, but not be limited\nto, the hygienic requirements for sterilization of sharps, needles, and\nother supplies and equipment, the general cleanliness of the body\npiercing studio or tattoo studio, the disposal of each sharp and other\nsingle use supplies after use on one customer, the proper disposal of\ncontaminated supplies and equipment, and other matters incidental or\nappropriate to the powers and duties of the commissioner as prescribed\nby this subdivision and for the proper administration and enforcement of\nthe provisions of this subdivision to ensure the health, safety and\nwelfare of the public.\n * NB There are 2 sub. 19's\n * 19. (a) The commissioner shall ensure that any contracts entered\ninto, renewed, extended, modified or in any way made or continued with\nentities pursuant to article twenty-eight of this chapter to receive,\ndistribute and otherwise administer funds for the pools specified in\nthis subdivision, require such pool administrators to submit directly to\nthe temporary president of the senate and the speaker of the assembly\nquarterly reports on the collection, pooling and distribution of funds\npursuant to the following sections of this chapter:\n (i) paragraph (a) of subdivision eighteen of section twenty-eight\nhundred seven-c of this chapter, providing for a one percent assessment\non hospital revenues;\n (ii) section twenty-eight hundred seven-j, establishing allowances on\nnet patient service revenues;\n (iii) section twenty-eight hundred seven-k, establishing the general\nhospital indigent care pool;\n (iv) section twenty-eight hundred seven-l, establishing the health\ncare initiatives pool;\n (v) section twenty-eight hundred seven-m, establishing regional\nprofessional education pools;\n (vi) section twenty-eight hundred seven-s, establishing professional\neducation pool funding;\n (vii) section twenty-eight hundred seven-t, establishing assessments\non covered lives; and\n (viii) section twenty-eight hundred seven-v, establishing tobacco\ncontrol and insurance initiatives pool.\n The commissioner shall assist such pool administrators, as necessary,\nin the fulfillment of this requirement.\n (b) Reports filed pursuant to paragraph (a) of this subdivision shall,\nat a minimum, for each quarterly period\n (i) profile, as of the end of each quarter and based on the available\ndata, all revenue collected pursuant to each source specified in\nsubparagraphs (i), (ii), (vi) and (vii) of paragraph (a) of this\nsubdivision, as well as revenue collected for deposit into the pools\nspecified in subparagraph (viii) of such paragraph, further reported, as\napplicable, according to each category of payer, including, but not\nlimited to, medical assistance, private insurance, employer benefit\nplans, workers' compensation, no-fault, cigarette taxes, tobacco\nsettlement funds, and the public asset established pursuant to sections\nfour thousand three hundred one and seven thousand three hundred\nseventeen of the insurance law;\n (ii) profile, as of the end of each quarter and based on the available\ndata, aggregate revenue, by source, deposited for the quarter, into each\npool specified in subparagraphs (iii), (iv), (v), and (viii) of\nparagraph (a) of this subdivision as well as the fund balances for each\nsuch pool as of the end of each quarter; and\n (iii) profile, as of the end of each quarter and based on the\navailable data, every disbursement from each pool specified in\nsubparagraphs (iii), (iv), (v) and (viii) of paragraph (a) of this\nsubdivision, further reported, as applicable, according to and\nindicative of each allocation specified for such pool, and further\nreported according to and indicative of each recipient of funds from\neach such allocation, except allocations made pursuant to subparagraph\n(iii) of paragraph (c) of subdivision one of section twenty-eight\nhundred seven-l of this chapter, and further indicative of the status of\nfunding for each such recipient.\n (c) The reports required by paragraph (a) of this subdivision shall\ncover the periods January through March, April through June, July\nthrough September and October through December and shall be submitted no\nlater than forty-five days following the last day of the quarterly\nperiod covered by the report. Reports shall be submitted in both written\nand electronic form.\n (d) The commissioner shall also ensure that any such contracts require\nsuch entities, beginning August first, two thousand three and no later\nthan the twelfth day of each month thereafter, to report to the\ncomptroller in an electronic and written format the beginning pool\nbalances, receipts collected by source, the disbursements made by\npurpose, the amount and nature of any transfers made among such pools,\nand the ending pool balances for the pools described in subparagraphs\n(i), (ii) and (iii) of paragraph (b) of this subdivision and at the same\nlevel of specificity required by such paragraph. The comptroller shall\ninclude such information in the monthly report required by subdivision\nnine-a of section eight of the state finance law. Any additional\nexpenses incurred by the entity as a result of this paragraph shall be\nborne by the department of health.\n * NB There are 2 sub. 19's\n 20. The commissioner shall, in consultation with the superintendent of\nstate police, promulgate, by regulation, a list of "select chemical\nagents" which shall consist only of those toxic chemicals which have\nbeen identified, as of the effective date of this subdivision, for the\napplication of verification measures under article VI of the convention\non the prohibition of the development, production, stockpiling and use\nof chemical weapons and on their destruction, opened for signature on\nJanuary thirteenth, nineteen hundred ninety-three, in schedules\ncontained in the annex to said convention. The commissioner may, from\ntime to time, promulgate regulations amending said list in the event\nthat the schedules contained in the annex to the convention are amended,\nrevised, modified or repealed, so that the list of select chemical\nagents promulgated pursuant to this subdivision conforms in whole or in\npart to any such amended, revised, modified or repealed list, if the\ncommissioner determines that any such amendment, revision, modification\nor repeal is consistent with the purposes of this chapter.\n * 21. The commissioner shall, in consultation with the superintendent\nof state police, promulgate, by regulation, a list of "select biological\nagents" which shall consist only of those select biological agents which\nhave been identified, as of the effective date of this subdivision, by\nthe United States Secretary of Health and Human Services and placed on\nthe select agent list established pursuant to section 511 (d) of the\nAntiterrorism and Effective Death Penalty Act, Pub. L. 104-132 at 42\nC.F.R. Part 72. The commissioner may, from time to time, promulgate\nregulations amending said list in the event that the list of select\nbiological agents promulgated by federal regulations is amended,\nrevised, modified or repealed, so that the list of select biological\nagents promulgated pursuant to this subdivision conforms in whole or in\npart to any such amended, revised, modified or repealed list, if the\ncommissioner determines that any such amendment, revision, modification\nor repeal is consistent with the purposes of this chapter.\n * NB There are 2 sub 21's\n * 21. The commissioner shall make the information developed pursuant\nto section five hundred forty-four of the executive law available\nthrough, but not limited to, the department's website and written\nmaterials available to the public.\n * NB There are 2 sub 21's\n 22. The commissioner shall provide information and technical\nassistance concerning the drug discount program authorized by section\n340B of the federal public health service act (42 U.S.C § 256b) to:\n (a) covered entities, as defined in section 340B of the public health\nservice act, to facilitate their participation in such drug discount\nprogram; and\n (b) local government officials, regarding the benefits of the drug\ndiscount program and the process of accessing discounted drugs under the\nprogram on behalf of individuals whose prescription drug costs are borne\nby local government, including but not limited to residents of\ncounty-operated nursing homes.\n 23. Pursuant to subdivision six of section two hundred two of the\nstate administrative procedure act, on an emergency basis and upon a\nfinding by the commissioner of an immediate threat to the public safety,\nthe commissioner is authorized to remove a drug, procedure or supply\nwhose primary purpose is to enhance or facilitate sexual performance\nfrom: (a) the definition of medical assistance established pursuant to\nsection three hundred sixty-five-a of the social services law, (b) the\ndefinition of health care services covered by the family health plus\nprogram established pursuant to section three hundred sixty-nine-ee of\nthe social services law, (c) the definition of covered health services\nestablished pursuant to subdivision seven of section twenty-five hundred\nten of this chapter, or (d) the list of prescription drugs covered by\nthe program for elderly pharmaceutical insurance coverage (EPIC)\nestablished pursuant to title three of article two of the elder law, or\nto otherwise restrict the criteria for payment for such drug, procedure\nor supply, by the medicaid, family health plus, child health plus, or\nEPIC programs, for those persons required to register as sex offenders\npursuant to article six-C of the correction law.\n * 24. Notwithstanding any inconsistent provision of law to the\ncontrary, the commissioner is authorized to receive applications and to\ndetermine initial and continuing eligibility for enrollment under the\nchild health plus program established under title I-A of article\ntwenty-five of this chapter, the medical assistance program established\nunder title eleven of article five of the social services law, and the\nfamily health plus program established under title eleven-D of such\narticle. The commissioner may exercise such authority with respect to\nall residents, or a subset of residents, of one or more local social\nservices districts. The commissioner is authorized to enter into one or\nmore contracts, which contracts shall be procured on a competitive basis\npursuant to a request for proposal process, for the purpose of\nexercising his or her authority under this subdivision. State employees\nshall supervise and provide oversight and quality assurance monitoring\nof contract staff activities. Provided further, the department shall\nendeavor to use state employees in exercising the commissioner's\nauthority under this subdivision.\n * NB There are 2 sb 24's\n * 24. The commissioner shall have the authority to correct errors on\nmarriage certificates maintained by the department pursuant to paragraph\n(e) of subdivision one of this section upon request of any applicant\nwhose name appears thereon for a certificate of marriage where:\n (a) such error was not the result of any intended fraud, deception or\nattempt to avoid the effect of any valid law, regulation or statute; and\n (b) either party to the marriage provides proof, satisfactory to the\ncommissioner, of the accuracy of the facts presented in support of\ncorrecting the error.\n To effectuate such correction and provide certified copies of the\namended certificate, the commissioner shall be entitled to a fee not\nexceeding ten dollars. The commissioner shall forward a copy of such\namended certificate to the clerk of the town or city which issued such\ncertificate.\n * NB There are 2 sb 24's\n 25. (a) In assessing and reporting on the impact of section\nsixty-eight hundred one of the education law, pursuant to subdivision\nfour of such section the commissioner may use: (1) influenza vaccine\nsupply data from the federal centers for disease control and prevention;\n(2) pneumococcal vaccine supply data provided by manufacturers and\ndistributors of such vaccine; and (3) data from a third party entity\nthat engages in the collection of data and tracking of pharmaceutical\nsales and distribution. Manufacturers and distributors of pneumococcal\nvaccine shall provide or arrange for the timely provision to the\ncommissioner of such data as the commissioner may reasonably request to\ncomplete the report. Provider and customer identifiable information\nsubmitted pursuant to this paragraph shall be confidential, unless the\ninformation provider consents to its release or the commissioner\ndetermines disclosure is necessary to respond to an imminent public\nhealth emergency.\n (b) Notwithstanding the provisions of paragraph (a) of this\nsubdivision, the commissioner may require reporting by entities licensed\npursuant to article twenty-eight or thirty-six of this chapter,\npharmacies registered pursuant to article one hundred thirty-seven of\nthe education law, manufacturers and distributors of adult immunizing\nagents doing business in this state, and others possessing such adult\nimmunizing agents of additional information needed to respond to an\nimminent public health emergency.\n 26. The commissioner is hereby authorized and directed to review any\npolicy or practice instituted in facilities operated by the department\nof corrections and community supervision, and in all local correctional\nfacilities, as defined in subdivision sixteen of section two of the\ncorrection law, regarding human immunodeficiency virus (HIV), acquired\nimmunodeficiency syndrome (AIDS), hepatitis C (HCV), and COVID-19,\nincluding the prevention of the transmission of and the treatment of\nsuch infections and diseases among incarcerated individuals. Such review\nshall be performed at least annually, and shall focus on whether such\npolicy or practice is consistent with current, generally accepted\nmedical standards and procedures used to prevent the transmission of and\nto treat those infections and diseases among the general public. In\nperforming such reviews, in order to determine the quality and adequacy\nof care and treatment provided, department personnel are authorized to\nenter correctional facilities and inspect policy and procedure manuals\nand medical protocols, interview health services providers and\nincarcerated individual-patients, review medical grievances, and inspect\na representative sample of medical records of incarcerated individuals\nknown to be infected with any such infections or diseases. Prior to\ninitiating a review of a correctional system, the commissioner shall\ninform the public, including patients, their families and patient\nadvocates, of the scheduled review and invite them to provide the\ncommissioner with relevant information. Upon the completion of such\nreview, the department shall, in writing, approve such policy or\npractice as instituted in facilities operated by the department of\ncorrections and community supervision, and in any local correctional\nfacility, or, based on specific, written recommendations, direct the\ndepartment of corrections and community supervision, or the authority\nresponsible for the provision of medical care to incarcerated\nindividuals in local correctional facilities to prepare and implement a\ncorrective plan to address deficiencies in areas where such policy or\npractice fails to conform to current, generally accepted medical\nstandards and procedures. The commissioner shall monitor the\nimplementation of such corrective plans and shall conduct such further\nreviews as the commissioner deems necessary to ensure that identified\ndeficiencies in those policies and practices are corrected. All written\nreports pertaining to reviews provided for in this subdivision shall be\nmaintained, under such conditions as the commissioner shall prescribe,\nas public information available for public inspection.\n 27. The commissioner shall promulgate regulations to require that a\nmanufacturer or other entity selling, leasing, or otherwise providing\nany drug, device, or health care service shall not, directly or\nindirectly, establish as a condition for the use by a dentist of such\ndrug, device, or health care service that the dentist meet any quota for\nthe number of patients on whom the dentist uses the drug, device, or\nhealth care service and that a dentist shall not, directly or\nindirectly, request or receive from any manufacturer or other entity a\ndrug, device, or health care service having a condition that the dentist\nmeet any quota for the number of patients on whom the dentist uses the\ndrug, device, or health care service.\n 28. The commissioner shall assist the commissioner of education in\ndeveloping rules and regulations, relating to pupils who suffer mild\ntraumatic brain injuries, in accordance with subdivision forty-two of\nsection three hundred five of the education law, and provide for the\nposting on the department's internet website of such information as\nshall be required pursuant to such subdivision.\n * 30. The commissioner shall notify the commissioner of education in\nany instance in which a registered professional nurse engages in\nimproper behavior while supervising an advanced home health aide\npursuant to subdivision two of section sixty-nine hundred eight of the\neducation law.\n * NB Repealed March 31, 2029\n 31. The commissioner shall develop information, in conjunction with\nthe commissioner of education related to students who exhibit signs or\nsymptoms of pending or increased risk of sudden cardiac arrest. Such\ninformation shall include, but not be limited to, the definition of\nsudden cardiac arrest, signs and symptoms of sudden cardiac arrest. Such\ninformation shall be posted on the department's website.\n