N.Y. Public Health Law § 206: Commissioner; general powers and duties

§ 206. Commissioner; general powers and duties. 1. The commissioner

shall:

(a) take cognizance of the interests of health and life of the people

of the state, and of all matters pertaining thereto and exercise the

functions, powers and duties of the department prescribed by law;

(b) exercise general supervision over the work of all local boards of

health and health officers, unless otherwise provided by law;

(c) exercise general supervision and control of the medical treatment

of patients in the state institutions, public health centers and clinics

in the department;

(d) investigate the causes of disease, epidemics, the sources of

mortality, and the effect of localities, employments and other

conditions, upon the public health;

(e) obtain, collect and preserve such information relating to

marriage, birth, mortality, disease and health as may be useful in the

discharge of his duties or may contribute to the promotion of health or

the security of life in the state; establish rules and regulations for

the determination of asymptomatic conditions including, but not limited

to RH sensitivity, anemia, sickle cell anemia, cooley's anemia and

venereal disease;

(f) enforce the public health law, the sanitary code and the

provisions of the medical assistance program, or its successor, pursuant

to titles eleven, eleven-A and eleven-B of the social services law, as

amended by this chapter;

(g) cause to be made from time to time examinations and inspections of

the sanitary conditions of each state institution and transmit copies of

the reports and recommendations thereon to the head of the state

department having jurisdiction over the institution examined;

(h) cause to be made from time to time, examinations and inspections

of all labor camps and enforce the provisions of the sanitary code

relating thereto;

(i) cause to be made, from time to time, examinations and inspections

of all Indian reservations, and enforce all provisions of the sanitary

code relating thereto.

(j) cause to be made such scientific studies and research which have

for their purpose the reduction of morbidity and mortality and the

improvement of the quality of medical care through the conduction of

medical audits within the state. In conducting such studies and

research, the commissioner is authorized to receive reports on forms

prepared by him and the furnishing of such information to the

commissioner, or his authorized representatives, shall not subject any

person, hospital, sanitarium, rest home, nursing home, or other person

or agency furnishing such information to any action for damages or other

relief. Such information when received by the commissioner, or his

authorized representatives, shall be kept confidential and shall be used

solely for the purposes of medical or scientific research or the

improvement of the quality of medical care through the conduction of

medical audits. Such information shall not be admissible as evidence in

any action of any kind in any court or before any other tribunal, board,

agency, or person.

(k) notwithstanding any other provision of law, with the advice and

assistance of the commissioner of agriculture and markets, establish

rules and regulations to require such treatment of food or food

products, including the addition or removal of specific substances, as

may be necessary for the protection of the public health against the

hazards of ionizing radiation.

(l) establish and operate such adult and child immunization programs

as are necessary to prevent or minimize the spread of disease and to

protect the public health. Such programs may include the purchase and

distribution of vaccines to providers and municipalities, the operation

of public immunization programs, quality assurance for immunization

related activities and other immunization related activities. The

commissioner may promulgate such regulations as are necessary for the

implementation of this paragraph. Nothing in this paragraph shall

authorize mandatory immunization of adults or children, except as

provided in sections twenty-one hundred sixty-four and twenty-one

hundred sixty-five of this chapter.

(m) make such rules and regulations which may be necessary to require

pre-employment physical examination and thereafter require such annual

examinations of all hospital employees for discovery of tuberculosis and

other communicable diseases as he deems necessary for the safety and

well being of the people of the state.

(n) by rule and regulation establish criteria for identification of

areas and conditions involving high risk of lead poisoning, specify

methods of detection of lead in dwellings, provide for the

administration of prescribed tests for lead poisoning and the recording

and reporting of the results thereof, and provide for professional and

public education, as may be necessary for the protection of the public

health against the hazards of lead poisoning.

(o) establish and publish a list of drug products, each of which shall

meet the following conditions:

(1) The drug product has been certified or approved by the

commissioner of the Federal Food and Drug Administration as being safe

and effective for its labeled indications for use, and a new-drug

application or an abbreviated new-drug application approved pursuant to

the Federal Food, Drug, and Cosmetic Act is held for such drug product;

and

(2) The commissioner of the Federal Food and Drug Administration has

evaluated such drug product as:

(i) pharmaceutically and therapeutically equivalent and has listed

such drug product on the list of approved drugs products with the

therapeutic equivalence evaluations, provided, however, that the list

prepared by the commissioner shall not include any drug product which

the commissioner of the Federal Food and Drug Administration has

identified as having an actual or potential bioequivalence problem; or

(ii) as an interchangeable biological product and has listed such

product on the list of approved drug products with interchangeability.

(p) promulgate rules and regulations establishing procedures to be

used in implementing the provisions of article thirteen-E of this

chapter as limited by section thirteen hundred ninety-nine-x of article

thirteen-E of this chapter. Such rules and regulations shall include,

but not be limited to, such matters as may be required to ensure that

the established procedures thereunder shall at least be in compliance

with the relevant provisions of the code of fair procedure set forth in

section seventy-three of the civil rights law.

(q) have the authority to carry out the provisions of section one

hundred seventy-seven-a of the navigation law.

* (r) shall prepare for publication, and cause to be distributed by

general hospitals to patients upon inpatient admission, a booklet

containing the information and materials required to be distributed to

patients pursuant to this chapter and federal law. Where reasonable and

appropriate, the booklet may summarize or describe information and

materials required to be distributed to the patient, and how they may be

obtained. The commissioner shall prepare and distribute to general

hospitals physical, electronic or other materials from which the booklet

can be produced. The commissioner shall revise and update such prepared

booklet on a timely basis to reflect any changes in patient information

and materials required to be distributed pursuant to law.

* NB There are 2 par. (r)'s

* (r) by rule and regulation, establish standards necessary and

appropriate for the implementation of item (ii) of clause (a) of section

three hundred twenty-two-c of the general business law. Such rules and

regulations shall be approved by the New York state fire prevention and

building code council.

* NB There are 2 par. (r)'s

(s) issue a readiness report to the legislature, detailing the status

of the statewide health benefit exchange, state enrollment center, and

state Medicaid enrollment center established under executive order

number forty-two of two thousand twelve, by August thirtieth, two

thousand thirteen. The readiness report may be provided in electronic

format and shall be distributed to the temporary president of the

senate, the speaker of the assembly, the chair of the senate standing

committee on health, and the chair of the assembly health committee. The

readiness report shall outline the progress and preparedness of the

health benefit exchange, state enrollment center, and state Medicaid

enrollment center and detail how the exchange, state enrollment center,

and state Medicaid enrollment center will carry out their respective

functions including but not limited to:

(i) the process by which the health benefit exchange, state enrollment

center, and state Medicaid enrollment center will begin accepting

applications on October first, two thousand thirteen;

(ii) the process by which the health benefit exchange, state

enrollment center, and state Medicaid enrollment center will certify

qualified health plans;

(iii) the anticipated cost of individual and small group plans being

offered in the health benefit exchange;

(iv) the number of navigators approved;

(v) the plan for full operation by January first, two thousand

fourteen; and

(vi) the plan to become fiscally self-sustaining by January first, two

thousand fifteen.

(t) The department shall submit as part of its annual report prepared

pursuant to section one hundred sixty-four of the executive law, which

may be submitted in electronic format, comprehensive information

including, but not limited to, a detailed description of the

department's mission, priorities and goals for the upcoming year,

achievements of the past year, and any relevant data and statistics.

(u) The commissioner shall provide a written or electronic copy of any

state plan amendment submitted to the centers for Medicare and Medicaid

services to the chair of the senate standing committee on health and the

chair of the assembly health committee, no later than five business days

from the date of mailing or submission.

* (v) require, in consultation and cooperation with the superintendent

of financial services, that every individual applying for health care

coverage through the state health benefit exchange established pursuant

to the federal Patient Protection and Affordable Care Act (P.L.

111-148), as amended by the federal Health Care and Education

Reconciliation Act of 2010 (P.L. 111-152), be provided space so that

such applicant may register in the "donate life registry" for organ, eye

and tissue donations under section forty-three hundred ten of this

chapter with the following stated in clear conspicuous type:

"Would you like to be added to the Donate Life Registry? Check box for

'yes' or 'skip this question'."

The commissioner shall not maintain records of any person who checks

"skip this question". Except where the application is made in person or

electronically, failure to check a box shall not impair the validity of

an application, and failure to check "yes" or checking "skip this

question" shall not be construed to imply a wish not to donate. In the

case of an applicant under eighteen years of age, checking "yes" shall

not constitute consent to make an anatomical gift or registration in the

donate life registry. Where an applicant has previously consented to

make an anatomical gift or registered in the donate life registry,

checking "skip this question" or failing to check a box shall not impair

that consent or registration.

* NB Effective until December 21, 2026

* (v) require, in consultation and cooperation with the superintendent

of financial services, that every individual applying for health care

coverage through the state health benefit exchange established pursuant

to the federal Patient Protection and Affordable Care Act (P.L.

111-148), as amended by the federal Health Care and Education

Reconciliation Act of 2010 (P.L. 111-152), be provided space so that

such applicant may register in the "donate life registry" for organ, eye

and tissue donations under section forty-three hundred ten of this

chapter with the following stated in clear conspicuous type:

"Would you like to be added to the Donate Life Registry? Check box for

'yes' or 'skip this question'."

The commissioner shall not maintain records of any person who checks

"skip this question". Except where the application is made in person or

electronically, failure to check a box shall not impair the validity of

an application, and failure to check "yes" or checking "skip this

question" shall not be construed to imply a wish not to donate. In the

case of an applicant under eighteen years of age, checking "yes" shall

not constitute consent to make an anatomical gift or registration in the

donate life registry, except as otherwise provided pursuant to the

provisions of paragraph (b) of subdivision one of section forty-three

hundred one of this chapter. Where an applicant has previously consented

to make an anatomical gift or registered in the donate life registry,

checking "skip this question" or failing to check a box shall not impair

that consent or registration.

* NB Effective December 21, 2026

* NB There are 2 par (v)'s

* (v) by rule and regulation, cause the distribution of crib safety

information. (1) The commissioner shall require that every hospital and

birth center distribute at the time of discharge directly to each

maternity patient and, upon request, to the general public an

informational leaflet concerning crib safety. Such leaflet shall be

designed by the commissioner in conjunction with the director of the

division of consumer protection, on behalf of the consumer protection

division, and shall contain information detailing safe sleeping

procedures for babies, crib product recalls and disclosure of the

federal standards on the manufacture and sale of cribs.

(2) Such leaflet shall be made available to hospitals and birth

centers by the department on its website and shall be provided in

English, as well as the top six languages other than English spoken in

the state according to the latest available data from the United States

Bureau of Census.

(3) Hospital staff shall inquire whether the maternity patient has a

new crib available for any newborns. If the maternity patients do not

have a new crib available, hospital staff shall provide information

about where to obtain a new crib, including social services agencies,

non-profit service providers or other relevant organizations.

* NB There are 2 par (v)'s

* (w) require that every electronic health record vendor include and

integrate components into their electronic health record products

implemented for general hospitals in the state regulated under article

twenty-eight of this chapter in such a manner to allow patients to

register directly in the New York state "donate life registry" for

organ, eye and tissue donations as provided for under section

forty-three hundred ten of this chapter. Such registration shall be via

a patient-facing portal, provided that, to protect patient

confidentiality and prevent conflicts of interest, such electronic

health record products do not retain or store patients' donor status

information, and provided, further, that such electronic health record

products meet standards as may be established by the commissioner,

including, but not limited to, a standardized question allowing direct

enrollment in the donate life registry and required data elements.

Electronic health record vendors shall provide the integration of such

elements without additional cost under this paragraph as a component of

either existing or new implementations of their electronic health record

products. Patient facing elements of these products shall include

opportunities for patients to directly register in the "donate life

registry" for organ, eye and tissue donations as a component of such

elements.

* NB Effective December 21, 2026

2. The commissioner and any person authorized by him so to do, may,

without fee or hindrance, enter, examine and survey all grounds,

erections, vehicles, structures, apartments, buildings and places.

3. The commissioner may, on behalf and in the interest of the health

of the people of the state enter into such contracts or agreements with

individuals, colleges, universities, associations, corporations,

municipalities and other units of government as may be deemed necessary

and advisable to carry out the general intent and purposes of the public

health law and the sanitary code. Such contracts may provide for payment

by the state, within the limit of funds available, for materials,

equipment or services.

4. The commissioner may:

(a) issue subpoenas, compel the attendance of witnesses and compel

them to testify in any matter or proceeding before him, and may also

require a witness to attend and give testimony in a county where he

resides or has a place of business without the payment of any fees;

(b) annul or modify an order, regulation, by-law or ordinance of a

local board of health concerning a matter which in his judgment affects

the public health beyond the territory over which such local board of

health has jurisdiction;

(c) assess any penalty prescribed for a violation of or a failure to

comply with any term or provision of this chapter or of any lawful

notice, order or regulation pursuant thereto, not exceeding two thousand

dollars for every such violation or failure, which penalty may be

assessed after a hearing or an opportunity to be heard;

(d) assess civil penalties against a public water system which

provides water to the public for human consumption through pipes or

other constructed conveyances, as further defined in the state sanitary

code or, in the case of mass gatherings, the person who holds or

promotes the mass gathering as defined in subdivision five of section

two hundred twenty-five of this article not to exceed twenty-five

thousand dollars per day, for each violation of or failure to comply

with any term or provision of the state sanitary code as it relates to

public water systems that serve a population of five thousand or more

persons or any mass gatherings, which penalty may be assessed after a

hearing or an opportunity to be heard;

(e) issue a non-patient specific statewide standing order for the

provision of doula services for pregnant, birthing, and postpartum

individuals through twelve months postpartum.

5. Subject to the provisions of the state finance law, the

commissioner is authorized to take, and administer for the state any

grant, gift or bequest to be applied, principal or income or both, for

the purposes specified in such grant, to the maintenance and use of any

hospital, institution or service in the department.

6. The commissioner may enter into contracts:

(a) with corporations duly licensed in the state of New York to

transact the business of accident and health insurance to provide to

sick and disabled persons insured by them such home care, including

nursing and other paramedical services (excluding physicians' services)

as may be needed by them;

(b) with hospital service corporations organized and operating in

accordance with article forty-three of the insurance law to provide to

their subscribers nursing service and such other paramedical services as

would have been available in a hospital (excluding physicians' services)

at rates which shall prior to payment be approved as to reasonableness

by the superintendent of financial services;

(c) with any municipal corporation or local, state or federal agency

to provide such home care, including nursing and other paramedical

services (excluding physicians' services) as may be needed by sick and

disabled persons;

(d) with medical expense indemnity corporations organized and

operating in accordance with article forty-three of the insurance law to

provide their subscribers with such home care, including nursing and

other paramedical services, as may be needed by them at rates which

shall prior to payment be approved as to reasonableness by the

superintendent of financial services; and

(e) with any non-profit corporation, agency or association established

for the purpose of improvement of health services or for the purpose of

providing home care for sick and disabled persons, including nursing and

other paramedical services (excluding physicians' services) as may be

needed by such persons.

Such services may be provided by the state health commissioner by

subcontract with a city or county rendering nursing and other

paramedical services or any non-profit corporation, agency or

association established for the purpose of the improvement of health

services or for the purpose of providing home care for sick and disabled

persons including nursing and other paramedical services (excluding

physicians' services).

The state health commissioner shall establish the fees to be charged

for such services to be rendered pursuant to such contracts and, upon

receipt of such fees, shall remit the same to the comptroller.

7. The commissioner may establish fees for nursing and other

paramedical services (excluding physicians' services) rendered to people

sick at home.

Such services may be provided by the state health commissioner or by

subcontract with a city or county rendering nursing and other

paramedical services or any non-profit corporation, agency, or

association established for the purpose of the improvement of health

services or for the purpose of providing home care for sick and disabled

persons including nursing and other paramedical services (excluding

physicians' services).

8. Whenever, in this chapter, the commissioner is empowered to or

charged with the responsibility to do or perform any act, he may

deputize in writing any officer or employee in the department to do or

perform the act in his place and stead.

9. The commissioner may deputize in writing any local health officer

to do or perform in his place and stead those duties and

responsibilities charged upon the commissioner by paragraphs (d), (g),

(h) and (i) of subdivision one of this section, those duties of

inspection and enforcement charged upon the commissioner by paragraph f

of subdivision three of section six thousand five hundred fifty-eight of

the education law and those duties of inspection and supervision charged

upon the department by paragraphs (m), (n), (r) and (s) of subdivision

one of section two hundred one of this chapter; provided, however, in

the city of New York such deputization shall be subject to the prior

approval of the mayor of such city.

10. The commissioner, with the approval of the state director of the

budget, shall establish and promulgate a schedule of proportional shares

for cost sharing under subdivision one of section three hundred

sixty-nine-d of the social services law. In developing such a schedule,

the commissioner shall take into consideration various options available

for obtaining health care services, the availability of such services,

and the impact of cost sharing on prudent utilization and efficient

provision of services without undue barriers to care for persons

eligible for assistance under the catastrophic health care expense

program established by section three hundred sixty-nine-c of the social

services law.

11. The commissioner shall cooperate with the commissioner of the

state department of environmental conservation, district attorneys and

the department of law in providing assistance in the investigation and

prosecutions of violations of article twenty-seven of the environmental

conservation law.

* 12. (a) The commissioner shall establish and assess a regulatory

assessment fee which will be charged to providers of health-care

services regulated by the department under the provisions of articles

twenty-eight, thirty-six and forty-four of this chapter, including

health maintenance organizations established pursuant to article

forty-three of the insurance law. The level of such regulatory fees

shall be sufficient to recover the costs related to regulating such

providers and costs related to the establishment and auditing of rates

of reimbursement for the state fiscal year ending during the annual

period in which such fee shall be assessed. Such costs will be certified

by the director of the budget to the commissioner and shall include

direct and indirect costs. The commissioner, subject to the approval of

the director of the budget, shall develop a means of distributing the

assessment of such a fee among the affected health-care providers based

upon each provider's proportionate share of the sum of total costs and

revenues reported for all such providers. For the purposes of this

section, the sum of total costs and revenues shall be calculated by

including, for the most recent annual period for which certified data is

available, total reported costs of a facility except that amounts

included for general hospital outpatient and emergency services and

treatment or diagnostic center services shall be based upon reported, or

in its absence, estimated revenues, and costs included for article

forty-four providers, and article forty-three providers of the insurance

law shall exclude costs associated with the purchase of inpatient

services.

(b) The fees assessed pursuant to this subdivision shall be deemed

allowable operating costs in the determination of reimbursement rates

and charges established pursuant to articles twenty-eight, thirty-six

and forty-four of this chapter and article forty-three of the insurance

law. The costs incurred for this purpose during a given rate year shall

be included in the respective reimbursement rates for each such year.

Charges established pursuant to subdivisions six and thirteen of section

twenty-eight hundred seven-a of this chapter shall also be permitted to

increase to include the annual costs associated with the assessment of

such fee. The cost of such fee shall not be subject to reimbursement

ceilings or other penalties used by the commissioner for the purpose of

establishing rates of reimbursement pursuant to articles twenty-eight,

thirty-six and forty-four of this chapter and article forty-three of the

insurance law. Whenever an adjustment in such fees is made,

reimbursement rates shall also be adjusted to include the increase or

decrease in costs associated with such assessment fee.

(c) There is hereby created and established in the joint custody of

the comptroller and the commissioner of taxation and finance an account

to be known as the health care regulatory account. Notwithstanding

section one hundred twenty-one of the state finance law or any other law

to the contrary, the commissioner shall pay to the state treasurer for

deposit into such account any revenues received from the regulatory fee

or amounts withheld pursuant to paragraph (d) of this subdivision. The

commissioner shall establish by regulation a schedule of payments which

to the extent practicable shall reflect the timeliness of reimbursement

received by providers for the cost of such fee and define timely

payments of the regulatory assessment fee for the purposes of

implementing paragraph (d) of this subdivision. Payments established

pursuant to this paragraph shall not be due until reimbursement rates

established pursuant to articles twenty-eight, thirty-six and forty-four

of this chapter and article forty-three of the insurance law are

adjusted to include the annual cost of such fee. The fee may be adjusted

by the commissioner at any time, but in no event shall the fees exceed

the amount appropriated for transfer to the general fund from the health

care regulatory account.

(d) Upon receipt of notification from the commissioner or the director

of the budget, the comptroller or a fiscal intermediary designated by

the director of the budget shall withhold from the amount of any payment

to be made by the state to a provider enumerated in paragraph (a) of

this subdivision the amount of such arrearage resulting from such

provider's failure to make a timely payment of the regulatory assessment

fee in accordance with the schedule promulgated by the commissioner.

Upon withholding such amount, the comptroller or a designated fiscal

intermediary shall pay the commissioner such amount withheld.

* NB (Effective pending Federal Government Ruling)

* 13. (a) The commissioner shall establish and assess a fee which will

be charged to providers of health-care services regulated by the

department under the provisions of articles twenty-eight, thirty-six and

forty-four of this chapter, including health maintenance organizations

established pursuant to article forty-three of the insurance law. The

level of such fee shall be sufficient to recover the costs of making

grants to health systems agencies and to match other contributions

pursuant to subdivision (g) of section two thousand nine hundred four-b

of this chapter (the health systems agency fee). The commissioner,

subject to the approval of the director of the budget, shall develop a

means of distributing the assessment of the fee among the affected

health-care providers based upon each provider's proportionate share of

the sum of total costs and revenues reported for all such providers. For

the purposes of this section, the sum of total costs and revenues shall

be calculated by including, for the most recent annual period for which

certified data is available, total reported costs of a facility except

that amounts included for general hospital outpatient and emergency

services and treatment or diagnostic center services shall be based upon

reported, or in its absence estimated revenues, and costs included for

article forty-four providers and article forty-three providers of the

insurance law, shall exclude costs associated with the purchase of

inpatient services. The fee shall not exceed one-tenth of one percent of

the total costs or revenues reported by such provider. There is hereby

created and established in the joint custody of the comptroller and the

commissioner of taxation and finance an account to be known as the

health systems agency account. Notwithstanding section one hundred

twenty-one of the state finance law, or any other law to the contrary,

the commissioner shall pay to the state treasurer for deposit into such

account any revenues received from the health systems agency fees or

amounts withheld pursuant to paragraph (c) of this subdivision for

health systems agency fee obligations into the health systems agency

account. The monies deposited to the health systems agency account shall

be used to make grants to health systems agencies pursuant to

subdivision (f) of section twenty-nine hundred four-b of this chapter

and to match contributions pursuant to subdivision (g) of section two

thousand nine hundred four-b of this chapter. The commissioner shall

establish by regulation a schedule of payments which to the extent

practicable shall reflect the timeliness of reimbursement received by

providers for the cost of such fee and a definition of timely payments

for the purposes of implementing paragraph (c) of this subdivision. No

payment shall be due until reimbursement rates established pursuant to

articles twenty-eight, thirty-six and forty-four of this chapter and

article forty-three of the insurance law are adjusted to include the

costs of the fee. The fee may be adjusted by the commissioner at any

time, but in no event shall the fees exceed the limitation set forth in

this paragraph.

(b) The fees assessed pursuant to this subdivision shall be deemed

allowable operating costs in the determination of reimbursement rates

and charges established pursuant to articles twenty-eight, thirty-six

and forty-four of this chapter and article forty-three of the insurance

law. The costs incurred for this purpose during a given rate year shall

be included in the respective reimbursement rates for each such year.

Charges established pursuant to subdivisions six and thirteen of section

twenty-eight hundred seven-a of this chapter shall also be permitted to

increase to include the annual costs associated with the assessment of

such fee. The cost of such fee shall not be subject to reimbursement

ceilings or other penalties used by the commissioner for the purpose of

establishing rates of reimbursement pursuant to articles twenty-eight,

thirty-six and forty-four of this chapter and article forty-three of the

insurance law. Whenever an adjustment in such fees is made,

reimbursement rates shall also be adjusted to include the increase or

decrease in costs associated with such fee.

(c) Upon receipt of notification from the commissioner or the director

of the budget, the comptroller or a fiscal intermediary designated by

the director of the budget shall withhold from the amount of any payment

to be made by the state to a provider enumerated in paragraph (a) of

this subdivision the amount of such arrearage resulting from such

provider's failure to make a timely payment of the fee in accordance

with the schedule promulgated by the commissioner. Upon withholding such

amount, the comptroller or a designated fiscal intermediary shall pay

the commissioner such amount withheld.

* NB (Effective pending Federal Government Ruling)

14. (a) Notwithstanding section one hundred twelve of the state

finance law or any other provision of law to the contrary, the

commissioner is authorized to establish a plan for the collection and

disbursement of clinical practice income resulting from the clinical

practice of licensed health professionals employed by Roswell Park

Cancer Institute.

(b) For the purposes of this subdivision the following words shall

have the following meanings:

(i) "clinical practice" means providing all forms of medical and

health care, including patient consultations, and performing clinical

investigation involving patients, at or through Roswell Park Cancer

Institute, for which acts a fee for professional service is customarily

charged.

(ii) "clinical practice income" means the income from fees for

services of licensed health professionals rendered in connection with

clinical practice.

(iii) "clinical practice plan" means a facility-based plan established

to provide for the management, including collection and disbursement, of

clinical practice income, subject to direction by a facility-based

governing board.

(c) The commissioner is authorized to promulgate such rules and

regulations as may be necessary to implement the provisions of this

subdivision. Such rules shall include, but not be limited to, criteria

for participation in the clinical practice plan, including who

contributes and who may receive income from the plan, the purposes for

which such income may be disbursed, the maximum allowable compensation,

the fringe benefits provided by the plan, provision for an accounting

system for recording all receipts and disbursements of fees received,

and provision for fiscal reports to the commissioner and an annual audit

of such accounts by the state and/or an independent auditor.

Notwithstanding any law, rule or regulation to the contrary, the

commissioner may determine the fringe benefits to be provided to the

clinical practice plan members from clinical practice income and may

authorize the expenditure of clinical practice income for this purpose

or to supplement fringe benefits provided from state appropriations.

(d) Any clinical practice plan established pursuant to this

subdivision shall not restrict the authority of the comptroller in

paragraph (c) of subdivision two of section four hundred nine of this

chapter to maintain at all times on deposit in the department of health

income fund established pursuant to section four hundred nine of this

chapter the aggregate amount of money needed by the department during

six calendar months to comply in full with all obligations of the

department under the terms of every lease, sublease, or agreement of the

department with the dormitory authority which is then in effect.

(e) Employees with a faculty appointment participating in a clinical

practice plan at Roswell Park Cancer Institute established pursuant to

subdivision fourteen of section two hundred six of this chapter who are

eligible to participate in the New York state employees' retirement

system may elect, within ninety days of becoming eligible to participate

in such system, in lieu of participating in such system, to participate

in the optional retirement program available to employees of the state

university of New York pursuant to article eight-B of the education law,

subject to the terms and conditions of that article and to the

provisions of the retirement and social security law.

* 15. Notwithstanding any other provision of law to the contrary, the

commissioner is authorized to establish a statewide in-line skate, skate

board, and bicycle helmet public education and awareness program and a

statewide in-line skate, skate board, and bicycle helmet distribution

program. The purpose of the statewide in-line skate, skate board, and

bicycle helmet public education and awareness program is to provide a

plan for the coordination of county, city, town and village efforts to

reduce in-line skate, skate board, and bicycle related injuries and

fatalities. The purpose of the statewide in-line skate, skate board, and

bicycle helmet distribution program is to provide a plan for the

coordination of county, city, town and village efforts to distribute

helmets to persons who can demonstrate an economic hardship that

precludes them from purchasing such helmet. The commissioner shall make

all necessary efforts to ensure that an in-line skate, skate board, and

bicycle helmet distribution program is instituted in each county of the

state. The commissioner is authorized to promulgate such rules and

regulations as may be necessary to implement the provisions of this

subdivision.

* NB There are 3 sub. 15's

* 15. (a) The commissioner shall promulgate rules and regulations

which establish:

(i) procedures to review and approve rape crisis programs that provide

training to rape crisis counselors as defined in section four thousand

five hundred ten of the civil practice law and rules;

(ii) minimum training standards for rape crisis counselors;

(iii) procedures to enable approved rape crisis programs to certify

current and future rape crisis counselors, including volunteer

counselors, provided such rape crisis counselors have met the minimum

training standards as set forth in this subdivision; and

(iv) procedures to periodically review approved training programs to

assure they continue to satisfy established standards.

(b) Rape crisis programs approved by the commissioner shall provide

training programs consisting of at least thirty hours of pre-service

training and within the first year of service at least ten hours of

in-service training for rape crisis counselors. This training shall

include but not be limited to, instruction on the following:

(i) the dynamics of sexual offenses, sexual abuses or incest;

(ii) crisis intervention techniques;

(iii) client-counselor confidentiality requirements;

(iv) communication skills and intervention techniques;

(v) an overview of the state criminal justice system;

(vi) an update and review of state laws on sexual offenses, sexual

abuse or incest;

(vii) the availability of state and community resources for clients;

(viii) working with a diverse population;

(ix) an overview of child abuse and maltreatment identification and

reporting responsibilities; and

(x) information on the availability of medical and legal assistance

for such clients.

(c) The department shall provide technical assistance to approved rape

crisis programs to implement training programs in accordance with the

minimum standards set forth in this subdivision.

* NB There are 3 sub. 15's

* 15. The commissioner is authorized to make grants and enter into

contracts, as recommended by the state task force on clinical practice

guidelines and medical technology assessment established pursuant to

section twenty-eight hundred four-a of this chapter, for research and/or

projects to promote the identification, evaluation, development and/or

application of clinical practice guidelines and appropriate use of

medical technology, but in no way to direct or mandate the use of such

guidelines or technology, to the extent of funds available therefor from

the commissioner's priority distributions pursuant to subparagraph (ii)

of paragraph (f) of subdivision nineteen of section twenty-eight hundred

seven-c of this chapter. No grants or contracts executed pursuant to

this section shall be for the purpose of developing clinical practice

guideline based reimbursement methodologies or any other regulations.

For the purposes of this subdivision, "clinical practice guidelines"

shall mean systematically developed statements to assist physician and

patient decisions about the appropriate health care for specific

clinical circumstances, and "medical technology" shall mean an

instrument or unit of equipment or technique for use as a health related

treatment, testing or diagnostic tool.

* NB Expired June 30, 1996; There are 3 sub. 15's

16. The commissioner, in consultation with the commissioner of the

department of motor vehicles, shall promulgate rules and regulations

specifying the medical conditions based on health and safety which

justify granting an exception to the requirements of subparagraphs one

and two of paragraph (b) of subdivision twelve-a of section three

hundred seventy-five of the vehicle and traffic law.

* 17. (a) The commissioner shall enter into an agreement with the

commissioner of taxation and finance which shall set forth the

procedures for the crediting of overpayments of tax owed to an

individual taxpayer, estate or trust to the repayment of overpayments of

medical assistance payments owed to the department or a social services

district by such person pursuant to the provisions of section one

hundred seventy-one-f of the tax law and is authorized to furnish to the

commissioner of taxation and finance such information and to take such

other actions as may be necessary to carry out the agreement provided

for in such section, for the crediting of overpayments of tax to

repayment of overpayments of medical assistance payments received by an

individual who is or has been enrolled as a provider in the New York

state medical assistance program as established under title eleven of

article five of the social services law.

(b) The department shall by regulation establish procedures by which

any individual, estate or trust which is the subject of a certification

to the department of taxation and finance in accordance with such

agreement may contest such certification. Such regulations and the

notice required by subdivision three of section one hundred

seventy-one-f of the tax law shall set forth defenses which may be

available to the individual, estate or trust to contest such

certification and the manner in which a review of the certification

based on such defenses may be obtained.

(c) In accordance with such agreement and the provisions of section

one hundred seventy-one-f of the tax law, the department shall be

entitled to receive payments to satisfy the payment obligation of a

person who is receiving or has received payment as a provider in the New

York state medical assistance program established under title eleven of

article five of the social services law, in accordance with a written

final determination of the department, provided that a proceeding for

administrative or judicial review shall not be pending and the time for

initiation of such proceedings shall be expired.

* NB There are 2 sub. 17's

* 17. The department, upon completion of a review of the existing

scientific research regarding allergic reactions to natural rubber latex

products, shall issue guidelines, in consultation with health care

providers, for a latex management program, in health care settings.

* NB There are 2 sub. 17's

* 18. The commissioner is authorized and directed to promulgate rules

and regulations to establish standards for water wells, including but

not limited to drilling, construction, abandonment, repair, maintenance,

water flow, including testing thereof, and pump standards for such

wells.

* NB There are 2 sub. 18's

* 18. The commissioner, subject to the approval of the director of the

budget, is authorized to approve and implement medicaid demonstration

programs designed to provide additional knowledge and experience and to

collect information concerning alternative methodologies for

reimbursement, delivery of medical services, or eligibility for medical

assistance in hospice operated nursing homes and is further authorized

to waive such provisions of article twenty-eight of this chapter and

title eleven of article five of the social services law as are necessary

to implement such demonstration programs when such waiver will promote

the efficient delivery of appropriate, quality, cost-effective services

and when the health, safety and general welfare of patients will not be

impaired as a result of such waiver.

* NB There are 2 sub. 18's

18-a. Health information technology demonstration program. (a) (i) The

commissioner is authorized to issue grant funding to one or more

organizations broadly representative of physicians licensed in this

state, from funds made available for the purpose of funding research and

demonstration projects under subparagraph (ii) of this paragraph

designed to promote the development of electronic health information

exchange technologies in order to facilitate the adoption of

interoperable health records.

(ii) Project funding shall be disbursed to projects pursuant to a

request for proposals based on criteria relating to promoting the

efficient and effective delivery of quality physician services.

Demonstration projects eligible for funding under this paragraph shall

include, but not be limited to:

(A) efforts to incentivize electronic health record adoption;

(B) interconnection of physicians through regional collaborations;

(C) efforts to promote personalized health care and consumer choice;

(D) efforts to enhance health care outcomes and health status

generally through interoperable public health surveillance systems and

streamlined quality monitoring.

(iii) The department shall issue a report to the governor, the

temporary president of the senate and the speaker of the assembly within

one year following the issuance of the grants. Such report shall

contain, at a minimum, the following information: the demonstration

projects implemented pursuant to this paragraph, their date of

implementation, their costs and the appropriateness of a broader

application of the health information technology program to increase the

quality and efficiency of health care across the state.

* (b) The commissioner shall:

(i) post on its website by September first, two thousand fifteen and

quarterly thereafter, information on the uses of funding in support of

the Statewide Health Information Network of New York (SHIN-NY),

including how such funds may be used to:

(A) support hospitals, physicians, and other providers in the

achievement of federal meaningful use requirements;

(B) support DSRIP health information exchange and data requirements to

help performing provider systems and the state meet DSRIP quality goals;

and

(C) increase participation in regional health information

organizations by providers at reasonable costs to the providers; and

(ii) convene a workgroup to:

(A) evaluate the state's health information technology infrastructure

and systems, as well as other related plans and projects designed to

make improvements or modifications to such infrastructure and systems

including, but not limited to, the all payor database (APD), the state

planning and research cooperative system (SPARCS), regional health

information organizations (RHIOs), the statewide health information

network of New York (SHIN-NY) and medical assistance eligibility

systems; and

(B) develop recommendations for the state to move toward a

comprehensive health claims and clinical database aimed at improving

quality of care, efficiency, cost of care and patient satisfaction

available in a self-sustainable, non-duplicative, interactive and

interoperable manner that ensures safeguards for privacy,

confidentiality and security;

(iii) submit an interim report to the governor, the temporary

president of the senate and the speaker of the assembly, which shall

detail the concerns and issues associated with establishing the state's

health information technology infrastructure considered by the

workgroup, on or before December first, two thousand fourteen; and

(iv) submit a report to the governor, the temporary president of the

senate and the speaker of the assembly, which shall fully consider the

evaluation and recommendations of the workgroup, on or before December

first, two thousand fifteen.

* NB Effective until March 31, 2029

* (b) The commissioner shall make such rules and regulations as may be

necessary to implement federal policies and disburse funds as required

by the American Recovery and Reinvestment Act of 2009 and to promote the

development of a statewide health information network of New York

(SHIN-NY) to enable widespread interoperability among disparate health

information systems, including electronic health records, personal

health records and public health information systems, while protecting

privacy and security. Such rules and regulations shall include, but not

be limited to, requirements for organizations covered by 42 U.S.C. 17938

or any other organizations that exchange health information through the

SHIN-NY.

* NB Effective March 31, 2029

(c) The members of the workgroup shall include, at a minimum, three

members who represent RHIOs, two members employed by the department who

are involved in the development of the SHIN-NY and the APD, two members

who represent physicians, two members who represent hospitals, two

members who represent home care agencies, one member who represents

federally qualified health centers, one member who represents county

health commissioners, the chair of the senate health committee or his or

her designee, the chair of the assembly health committee or his or her

designee, and other individuals with expertise in matters relevant to

the charge of the workgroup.

* (d) The commissioner may make such rules and regulations as may be

necessary to implement federal policies and disburse funds as required

by the American Recovery and Reinvestment Act of 2009 and to promote the

development of a self-sufficient SHIN-NY to enable widespread,

non-duplicative interoperability among disparate health information

systems, including electronic health records, personal health records,

health care claims, payment and other administrative data, and public

health information systems, while protecting privacy and security. Such

rules and regulations shall include, but not be limited to, requirements

for organizations covered by 42 U.S.C. 17938 or any other organizations

that exchange health information through the SHIN-NY or any other

statewide health information system recommended by the workgroup. If the

commissioner seeks to promulgate rules and regulations prior to issuance

of the report identified in subparagraph (iv) of paragraph (b) of this

subdivision, the commissioner shall submit the proposed regulations to

the workgroup for its input. If the commissioner seeks to promulgate

rules and regulations after the issuance of the report identified in

such subparagraph (iv) then the commissioner shall consider the report

and recommendations of the workgroup. If the commissioner acts in a

manner inconsistent with the input or recommendations of the workgroup,

he or she shall provide the reasons therefor.

* NB Effective until March 31, 2029

* 19. The commissioner is authorized and directed to promulgate rules

and regulations as may be necessary, with respect to the form and

content of applications for licenses, the fees to be charged for

obtaining licenses, permits, duplicates and renewals, the reception

thereof, the investigation and examination of applicants and of

prospective applicants taking examinations and their qualifications, the

inquiry into the operation of body piercing or tattooing studios and the

conducting of periodic inspection of facilities to determine compliance

by the tattoo or body piercing studio with applicable statutes, rules

and regulations, appropriate penalties for failure to abide by rules and

regulations promulgated pursuant to this article, and additional visits

that may be made to tattoo or body piercing studios to determine whether

violations or deficiencies have been corrected, to investigate any

complaint, and for any other purposes deemed necessary and appropriate

by the commissioner. Such regulations shall include, but not be limited

to, the hygienic requirements for sterilization of sharps, needles, and

other supplies and equipment, the general cleanliness of the body

piercing studio or tattoo studio, the disposal of each sharp and other

single use supplies after use on one customer, the proper disposal of

contaminated supplies and equipment, and other matters incidental or

appropriate to the powers and duties of the commissioner as prescribed

by this subdivision and for the proper administration and enforcement of

the provisions of this subdivision to ensure the health, safety and

welfare of the public.

* NB There are 2 sub. 19's

* 19. (a) The commissioner shall ensure that any contracts entered

into, renewed, extended, modified or in any way made or continued with

entities pursuant to article twenty-eight of this chapter to receive,

distribute and otherwise administer funds for the pools specified in

this subdivision, require such pool administrators to submit directly to

the temporary president of the senate and the speaker of the assembly

quarterly reports on the collection, pooling and distribution of funds

pursuant to the following sections of this chapter:

(i) paragraph (a) of subdivision eighteen of section twenty-eight

hundred seven-c of this chapter, providing for a one percent assessment

on hospital revenues;

(ii) section twenty-eight hundred seven-j, establishing allowances on

net patient service revenues;

(iii) section twenty-eight hundred seven-k, establishing the general

hospital indigent care pool;

(iv) section twenty-eight hundred seven-l, establishing the health

care initiatives pool;

(v) section twenty-eight hundred seven-m, establishing regional

professional education pools;

(vi) section twenty-eight hundred seven-s, establishing professional

education pool funding;

(vii) section twenty-eight hundred seven-t, establishing assessments

on covered lives; and

(viii) section twenty-eight hundred seven-v, establishing tobacco

control and insurance initiatives pool.

The commissioner shall assist such pool administrators, as necessary,

in the fulfillment of this requirement.

(b) Reports filed pursuant to paragraph (a) of this subdivision shall,

at a minimum, for each quarterly period

(i) profile, as of the end of each quarter and based on the available

data, all revenue collected pursuant to each source specified in

subparagraphs (i), (ii), (vi) and (vii) of paragraph (a) of this

subdivision, as well as revenue collected for deposit into the pools

specified in subparagraph (viii) of such paragraph, further reported, as

applicable, according to each category of payer, including, but not

limited to, medical assistance, private insurance, employer benefit

plans, workers' compensation, no-fault, cigarette taxes, tobacco

settlement funds, and the public asset established pursuant to sections

four thousand three hundred one and seven thousand three hundred

seventeen of the insurance law;

(ii) profile, as of the end of each quarter and based on the available

data, aggregate revenue, by source, deposited for the quarter, into each

pool specified in subparagraphs (iii), (iv), (v), and (viii) of

paragraph (a) of this subdivision as well as the fund balances for each

such pool as of the end of each quarter; and

(iii) profile, as of the end of each quarter and based on the

available data, every disbursement from each pool specified in

subparagraphs (iii), (iv), (v) and (viii) of paragraph (a) of this

subdivision, further reported, as applicable, according to and

indicative of each allocation specified for such pool, and further

reported according to and indicative of each recipient of funds from

each such allocation, except allocations made pursuant to subparagraph

(iii) of paragraph (c) of subdivision one of section twenty-eight

hundred seven-l of this chapter, and further indicative of the status of

funding for each such recipient.

(c) The reports required by paragraph (a) of this subdivision shall

cover the periods January through March, April through June, July

through September and October through December and shall be submitted no

later than forty-five days following the last day of the quarterly

period covered by the report. Reports shall be submitted in both written

and electronic form.

(d) The commissioner shall also ensure that any such contracts require

such entities, beginning August first, two thousand three and no later

than the twelfth day of each month thereafter, to report to the

comptroller in an electronic and written format the beginning pool

balances, receipts collected by source, the disbursements made by

purpose, the amount and nature of any transfers made among such pools,

and the ending pool balances for the pools described in subparagraphs

(i), (ii) and (iii) of paragraph (b) of this subdivision and at the same

level of specificity required by such paragraph. The comptroller shall

include such information in the monthly report required by subdivision

nine-a of section eight of the state finance law. Any additional

expenses incurred by the entity as a result of this paragraph shall be

borne by the department of health.

* NB There are 2 sub. 19's

20. The commissioner shall, in consultation with the superintendent of

state police, promulgate, by regulation, a list of "select chemical

agents" which shall consist only of those toxic chemicals which have

been identified, as of the effective date of this subdivision, for the

application of verification measures under article VI of the convention

on the prohibition of the development, production, stockpiling and use

of chemical weapons and on their destruction, opened for signature on

January thirteenth, nineteen hundred ninety-three, in schedules

contained in the annex to said convention. The commissioner may, from

time to time, promulgate regulations amending said list in the event

that the schedules contained in the annex to the convention are amended,

revised, modified or repealed, so that the list of select chemical

agents promulgated pursuant to this subdivision conforms in whole or in

part to any such amended, revised, modified or repealed list, if the

commissioner determines that any such amendment, revision, modification

or repeal is consistent with the purposes of this chapter.

* 21. The commissioner shall, in consultation with the superintendent

of state police, promulgate, by regulation, a list of "select biological

agents" which shall consist only of those select biological agents which

have been identified, as of the effective date of this subdivision, by

the United States Secretary of Health and Human Services and placed on

the select agent list established pursuant to section 511 (d) of the

Antiterrorism and Effective Death Penalty Act, Pub. L. 104-132 at 42

C.F.R. Part 72. The commissioner may, from time to time, promulgate

regulations amending said list in the event that the list of select

biological agents promulgated by federal regulations is amended,

revised, modified or repealed, so that the list of select biological

agents promulgated pursuant to this subdivision conforms in whole or in

part to any such amended, revised, modified or repealed list, if the

commissioner determines that any such amendment, revision, modification

or repeal is consistent with the purposes of this chapter.

* NB There are 2 sub 21's

* 21. The commissioner shall make the information developed pursuant

to section five hundred forty-four of the executive law available

through, but not limited to, the department's website and written

materials available to the public.

* NB There are 2 sub 21's

22. The commissioner shall provide information and technical

assistance concerning the drug discount program authorized by section

340B of the federal public health service act (42 U.S.C § 256b) to:

(a) covered entities, as defined in section 340B of the public health

service act, to facilitate their participation in such drug discount

program; and

(b) local government officials, regarding the benefits of the drug

discount program and the process of accessing discounted drugs under the

program on behalf of individuals whose prescription drug costs are borne

by local government, including but not limited to residents of

county-operated nursing homes.

23. Pursuant to subdivision six of section two hundred two of the

state administrative procedure act, on an emergency basis and upon a

finding by the commissioner of an immediate threat to the public safety,

the commissioner is authorized to remove a drug, procedure or supply

whose primary purpose is to enhance or facilitate sexual performance

from: (a) the definition of medical assistance established pursuant to

section three hundred sixty-five-a of the social services law, (b) the

definition of health care services covered by the family health plus

program established pursuant to section three hundred sixty-nine-ee of

the social services law, (c) the definition of covered health services

established pursuant to subdivision seven of section twenty-five hundred

ten of this chapter, or (d) the list of prescription drugs covered by

the program for elderly pharmaceutical insurance coverage (EPIC)

established pursuant to title three of article two of the elder law, or

to otherwise restrict the criteria for payment for such drug, procedure

or supply, by the medicaid, family health plus, child health plus, or

EPIC programs, for those persons required to register as sex offenders

pursuant to article six-C of the correction law.

* 24. Notwithstanding any inconsistent provision of law to the

contrary, the commissioner is authorized to receive applications and to

determine initial and continuing eligibility for enrollment under the

child health plus program established under title I-A of article

twenty-five of this chapter, the medical assistance program established

under title eleven of article five of the social services law, and the

family health plus program established under title eleven-D of such

article. The commissioner may exercise such authority with respect to

all residents, or a subset of residents, of one or more local social

services districts. The commissioner is authorized to enter into one or

more contracts, which contracts shall be procured on a competitive basis

pursuant to a request for proposal process, for the purpose of

exercising his or her authority under this subdivision. State employees

shall supervise and provide oversight and quality assurance monitoring

of contract staff activities. Provided further, the department shall

endeavor to use state employees in exercising the commissioner's

authority under this subdivision.

* NB There are 2 sb 24's

* 24. The commissioner shall have the authority to correct errors on

marriage certificates maintained by the department pursuant to paragraph

(e) of subdivision one of this section upon request of any applicant

whose name appears thereon for a certificate of marriage where:

(a) such error was not the result of any intended fraud, deception or

attempt to avoid the effect of any valid law, regulation or statute; and

(b) either party to the marriage provides proof, satisfactory to the

commissioner, of the accuracy of the facts presented in support of

correcting the error.

To effectuate such correction and provide certified copies of the

amended certificate, the commissioner shall be entitled to a fee not

exceeding ten dollars. The commissioner shall forward a copy of such

amended certificate to the clerk of the town or city which issued such

certificate.

* NB There are 2 sb 24's

25. (a) In assessing and reporting on the impact of section

sixty-eight hundred one of the education law, pursuant to subdivision

four of such section the commissioner may use: (1) influenza vaccine

supply data from the federal centers for disease control and prevention;

(2) pneumococcal vaccine supply data provided by manufacturers and

distributors of such vaccine; and (3) data from a third party entity

that engages in the collection of data and tracking of pharmaceutical

sales and distribution. Manufacturers and distributors of pneumococcal

vaccine shall provide or arrange for the timely provision to the

commissioner of such data as the commissioner may reasonably request to

complete the report. Provider and customer identifiable information

submitted pursuant to this paragraph shall be confidential, unless the

information provider consents to its release or the commissioner

determines disclosure is necessary to respond to an imminent public

health emergency.

(b) Notwithstanding the provisions of paragraph (a) of this

subdivision, the commissioner may require reporting by entities licensed

pursuant to article twenty-eight or thirty-six of this chapter,

pharmacies registered pursuant to article one hundred thirty-seven of

the education law, manufacturers and distributors of adult immunizing

agents doing business in this state, and others possessing such adult

immunizing agents of additional information needed to respond to an

imminent public health emergency.

26. The commissioner is hereby authorized and directed to review any

policy or practice instituted in facilities operated by the department

of corrections and community supervision, and in all local correctional

facilities, as defined in subdivision sixteen of section two of the

correction law, regarding human immunodeficiency virus (HIV), acquired

immunodeficiency syndrome (AIDS), hepatitis C (HCV), and COVID-19,

including the prevention of the transmission of and the treatment of

such infections and diseases among incarcerated individuals. Such review

shall be performed at least annually, and shall focus on whether such

policy or practice is consistent with current, generally accepted

medical standards and procedures used to prevent the transmission of and

to treat those infections and diseases among the general public. In

performing such reviews, in order to determine the quality and adequacy

of care and treatment provided, department personnel are authorized to

enter correctional facilities and inspect policy and procedure manuals

and medical protocols, interview health services providers and

incarcerated individual-patients, review medical grievances, and inspect

a representative sample of medical records of incarcerated individuals

known to be infected with any such infections or diseases. Prior to

initiating a review of a correctional system, the commissioner shall

inform the public, including patients, their families and patient

advocates, of the scheduled review and invite them to provide the

commissioner with relevant information. Upon the completion of such

review, the department shall, in writing, approve such policy or

practice as instituted in facilities operated by the department of

corrections and community supervision, and in any local correctional

facility, or, based on specific, written recommendations, direct the

department of corrections and community supervision, or the authority

responsible for the provision of medical care to incarcerated

individuals in local correctional facilities to prepare and implement a

corrective plan to address deficiencies in areas where such policy or

practice fails to conform to current, generally accepted medical

standards and procedures. The commissioner shall monitor the

implementation of such corrective plans and shall conduct such further

reviews as the commissioner deems necessary to ensure that identified

deficiencies in those policies and practices are corrected. All written

reports pertaining to reviews provided for in this subdivision shall be

maintained, under such conditions as the commissioner shall prescribe,

as public information available for public inspection.

27. The commissioner shall promulgate regulations to require that a

manufacturer or other entity selling, leasing, or otherwise providing

any drug, device, or health care service shall not, directly or

indirectly, establish as a condition for the use by a dentist of such

drug, device, or health care service that the dentist meet any quota for

the number of patients on whom the dentist uses the drug, device, or

health care service and that a dentist shall not, directly or

indirectly, request or receive from any manufacturer or other entity a

drug, device, or health care service having a condition that the dentist

meet any quota for the number of patients on whom the dentist uses the

drug, device, or health care service.

28. The commissioner shall assist the commissioner of education in

developing rules and regulations, relating to pupils who suffer mild

traumatic brain injuries and the physicians and nurse practitioners

authorized to evaluate such pupils, in accordance with subdivision

forty-two of section three hundred five of the education law, and

provide for the posting on the department's internet website of such

information as shall be required pursuant to such subdivision.

* 30. The commissioner shall notify the commissioner of education in

any instance in which a registered professional nurse engages in

improper behavior while supervising an advanced home health aide

pursuant to subdivision two of section sixty-nine hundred eight of the

education law.

* NB Repealed March 31, 2029

31. The commissioner shall develop information, in conjunction with

the commissioner of education related to students who exhibit signs or

symptoms of pending or increased risk of sudden cardiac arrest. Such

information shall include, but not be limited to, the definition of

sudden cardiac arrest, signs and symptoms of sudden cardiac arrest, and

information for the physicians and nurse practitioners authorized to

evaluate whether a student may resume athletic activity. Such

information shall be posted on the department's website.