Download RMS Fall 2014 Advocacy Report

NYSAFP Advocacy Report - 2014
By Bob Reid, Reid, McNally & Savage, LLC
As the calendar turns to fall and the leaves change to colors across our state, in Albany,
thoughts of New York’s statewide officeholders (Governor, Lt. Governor, Attorney General and
Comptroller and the entire State Legislature (150 Assemblypersons and 63 Senators) turn to the
pending elections. As Family Doctor goes to print, the primary election is September 9th with the
general election on November 4th. While we understand time is a valuable commodity in your
lives, we urge you to take the time to reach out to the candidates in your local Assembly and
Senate districts and let them know the importance of family medicine in New York! We will, of
course, keep you updated on the election results both on the state and federal level.
Governor Cuomo and legislative leaders announced a number of big deals in the final days of the
session. These include agreements on a measure to allow for the limited use of medical
marijuana, a package of bills to address the State’s opioid/heroin addiction epidemic, changes to
existing teacher evaluations and Common Core requirements which the head of the state
teacher’s union call a “reset”, and an agreement on facility closures under the Office of Mental
Health (OMH) and the Office for People with Developmental Disabilities (OPWDD) to set up
community services before the facilities close.
While the Governor and state leaders hailed these and other successes including the fourth ontime state budget in a row as the session came to a close, there has been public criticism for
leaving significant work undone. This includes failure to approve the package of bills included in
the Women’s Equality Act, the Dream Act, reform of the state’s Brownfield tax credit program
which expires next year, campaign finance reform, and others.
During the 2014 session, we worked with Academy leadership and members to pursue a number
of NYSAFP priorities. Of particular interest to the Academy, we successfully secured changes to
a bill that would have authorized long term antibiotics for "chronic Lyme disease" and provided
blanket OPMC protection for such treatment and all related care. The bill that passed both houses
provides a broader physician protection (not just for Lyme) which more narrowly focuses on
treatment decisions only (as summarized in the Physician section below). Also together with
others in organized medicine, we beat back a major push to require physician CME in pain
management, ISTOP, palliative care and other areas with attempts to tie the proposal to the
enacted heroin/opioid bill package. Also we successfully defeated a proposal to change the
current statute of limitations in medical liability cases and working with other impacted
physician specialties, we defeated a bill to create midwifery birthing centers without any
physician oversight/involvement, among other initiatives.
Below, please find our sector-by-sector summary of legislation that passed both houses in the
health and human services areas during the 2014 session. We would encourage you to closely
review the bills summarized in the Physician, Public Health and Behavioral Health (for summary
of the enacted heroin/opioid bill package) sections below for bills that would be of particular
interest to NYSAFP.
Sections
Hospitals/ Health Care Facilities
Long Term Care
Physicians/ Other Health Care Practitioners
Pharmacy
Public Health
Behavioral Health
Developmental Disabilities
Education/Special Education
Insurance
Multiple Sectors
HOSPITALS/ HEALTH CARE FACILITIES
Limited Permits for Proteomics Testing S7199-A (Hannon)/A9517-A (Gottfried)
This bill allows individuals employed at National Cancer Institute (NCI)-designated cancer
centers to obtain a restricted license to practice proteomics, including mass spectrometry.
Proteomics is a branch of biotechnology used to analyze proteins produced by the genes of a
particular cell, tissue, or organism. Proteomics, through the use of spectrometry, can be used to
ensure that patients receive the appropriate doses of cancer treating drugs.
Signed Into Law
Autopsy Reports for Emergency Medical Trauma Care S7271 (Hannon)/A9611 (Gottfried)
This bill requires medical examiners and coroners to share their findings from autopsy reports
following traumatic death with referring hospitals to facilitate the hospital’s quality improvement
process.
Refinancing Financially Distressed Hospitals S7387-A (Golden)/A9021-A (Davila)
This bill allows financially distressed hospitals that refinanced debt through the Secured Hospital
Loan Program which expired in 1998 to refinance their existing debt upon a demonstration that,
satisfactory to the Commissioner of the State Department of Health (DOH), the refinancing is
undertaken to sustain, maintain, or improve the hospital’s financial condition. A hospital may not
claim additional Medicaid reimbursement due to interest payments and the refinancing of a
mortgage loan shall not alter, affect or change Medicaid rates applicable to the depreciation of
any assets. The Act expires on December 31, 2015.
Collaborative Drug Therapy Management Extender S7435 (LaValle)/A9715 (Glick)
The bill extends for an additional year to September 2015 the collaborative drug therapy
management program currently in place in teaching hospitals.
Signed Into Law
LONG TERM CARE
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Continuing Care Retirement Community (CCRC) Long Term Care Services S2118-B
(Ranzenhofer)/A4611 (Schimminger)
This bill would authorize a CCRC to establish a Continuing Care at Home Corporation as a notfor-profit entity affiliated with the CCRC for the provision of long term care services to an
enrollee in an individual’s residence, affiliated community nursing facility, and an affiliated adult
care facility. Corporations providing services in a nursing home are required to be licensed under
Article 28 of the Public Health Law. Corporations providing home care as defined in Article 36
of the Public Health Law are subject to licensure and other provisions of Article 36.
Criminal History Background Checks Adult Care Facilities S4926-C (Hannon)/A5476-D
(Cymbrowitz)
This bill will provide DOH with additional time to implement a law passed on April 1, 2014 to
require adult care facilities to conduct criminal background checks on all prospective employees.
Nursing homes and home care agencies have been required to conduct criminal background
checks since 2005. The 2014-15 State Budget added this requirement for adult care facilities,
effective April 1, 2014. This bill will extend the effective date until January 1, 2015 to allow for
sufficient time for implementation of the new requirement.
Signed Into Law
Physical Therapy Assistants in Home Care Extender S6666 (LaValle)/S8659 (Glick)
This bill extends until June 30, 2018 the authority for physical therapy assistants to provide
services in home care settings. Such services are authorized when a supervising physical
therapist: establishes a program of care for a patient; has an initial joint visit with the patient; and
provides a final evaluation of the treatment plan.
Signed Into Law
Information for Informal Caregivers S7255 (Valesky)/A8871 (Millman)
This bill requires county Area Agencies on Aging to provide “informal caregivers” with
information and assistance to gain access to available services and referrals for counseling.
“Informal caregivers” including spouses, children, grandchildren, and siblings are the largest
source of care for elderly individuals. This bill will provide informal caregivers with additional
assistance and resources to provide care to their family members. The bill was signed into law on
June 30th, Chapter 47 of the Laws of 2014.
Signed Into Law
Workgroup on State Health Information Technology Infrastructure S7592 (Hannon)/
A9801 (Gottfried)
This bill adds two representatives of home care agencies to the Workgroup on State Health
Information Technology Infrastructure. This Workgroup was established as part of the 2014-15
State Budget to examine and make recommendations on the State’s health information
technology infrastructure. It currently includes representatives for hospitals, physicians and
health centers. However, the enacting legislation did not include home care representatives.
Signed Into Law
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PHYSICIANS/ OTHER HEALTH CARE PRACTIONERS
Hepatitis C Testing S6871 (Hannon)/A9124-A (Zebrowski)
This bill adds testing for the hepatitis C virus to the list of tests and services that registered
nurses may currently do pursuant to a non-patient specific order issued by a physician or nurse
practitioner.
Maternal Depression Education, Screening and Treatment S7234-B (Krueger)/A9610-B
(Gottfried)
The bill defines maternal depression and maternal health care provider and requires the
Commissioner of DOH to provide updated information and guidelines on maternal depression
screening, follow-up support, referrals and treatment to health care providers, hospitals and
OMH treatment providers, support groups and not-for-profit organizations. The bill also would
require greater public education to promote awareness of and destigmatize maternal depression.
The bill also states that no insurer shall limit a patient's direct access to maternal depression
screening and referral, as covered by their policy in that patients should not be required to get a
referral for such services from their primary care provider.
Signed Into Law
Expanded Users of Adult Immunization Registry S7253-A (Hannon)/A9561-A (Paulin)
The bill makes registered nurses and pharmacists, who are authorized to administer
immunizations, authorized users of the statewide immunization information system and require
that they report immunizations given to adults, upon oral consent within 14 days of
administration to the state immunization registry. For patients in New York City such reporting
shall be to the citywide immunization registry. The bill also states that other health care
providers may report adult immunizations to the state and city registries, upon oral consent.
NYS Palliative Care and Education and Training Council S7601-B (Hannon)/A9966
(Rules) Gottfried
The bill expands the membership of the state Palliative Care Education and Training Council to
add individuals that are representative of home care and social work. It also directs the Council,
within its mission, to examine and make recommendations to DOH, the State Education
Department (SED) and the Legislature with regard to the need, approaches and resources to
provide for palliative care education and training in state certified schools of nursing and social
work, as well as in practice settings at the health care facility or agency level. In doing so, the
Council would solicit and consider the input of nursing and social work schools.
Signed Into Law
Medical Professional Misconduct S7854 (Hannon)/A7558-B (Barrett)
The bill prohibits investigation and professional disciplinary actions by the State Board for
Professional Medical Conduct or Office of Professional Medical Conduct based solely on the
recommendation or provision of a treatment modality by a licensee that is not universally
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accepted by the medical profession, including that used in the treatment of Lyme disease. It does
not exonerate the licensee from otherwise applicable professional requirements.
*Please also see summary of enacted heroin/opioid bill package under Behavioral Health
section below.
PHARMACY
Drug Disposal Demonstration Program S3985-A (Grisanti)/A5465-A (Sweeney)
The bill would requires the Department of Environmental Conservation (DEC), in consultation
with the State Police, to establish a one-year demonstration drug disposal program in at least
three publicly-available State Police facilities located in urban, suburban and rural areas. DEC
would also be required to maintain on its website a list of State Police facilities participating in
such demonstration drug disposal program, any information regarding drug disposal procedures
for such facilities as well as any existing information concerning drug disposal. Also the bill
requires DEC at the end of the demonstration program to prepare a report detailing:
 the quantities of drugs collected;
 the effectiveness of each facility location;
 information detailing the acceptance methods made available; and
 recommendations for any legislative action.
Prescription Delivery Off Premises S6449-A (Hannon)/A8612-A (McDonald)
The bill requires that a prescription (new or refill) may not be delivered off premises without the
consent of the patient or individual authorized to consent on the patient's behalf. Consent
includes one of the following:
 Patient or authorized individual's signature of acceptance of each prescription delivered;
 Pharmacy contacting the patient or authorized individual for consent and documenting
such consent in the patient record; or
 Pharmacies administering refill reminder adherence programs that deliver off premises
shall make such programs opt-in by the patient and update with patient consent every 180
days (6 months) accompanied by a documented patient record review between a licensed
pharmacist and the patient before continuation of medication delivery.
The bill also states that pharmacies that deliver medication without patient or authorized
individual consent will be required to accept the return of the medication from the patient,
provide the patient credit for any charges paid and destroy such returned medications, in
accordance with applicable state and federal laws. The bill does not apply to long-term care
pharmacy dispensing and delivery.
Drug Disposal Promotion S6691 (Boyle)/A1609 (Cymbrowitz)
The bill requires the Office of Alcoholism and Substance Abuse Services (OASAS) in
cooperation with DEC to post on its agency website information related to conducting a
pharmaceutical collection event. This would include steps and guidelines for any municipality,
pharmacy, local law enforcement agency, or community group to conduct a household
pharmaceutical collection event. The bill would also allow OASAS to assist DEC in the
development of a public information program on the proper disposal of drugs and drug disposal
sites. Signed Into Law
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Expanded Users of Adult Immunization Registry S7253-A (Hannon)/A9561-A (Paulin)
The bill makes registered nurses and pharmacists, who are authorized to administer
immunizations, authorized users of the statewide immunization information system and require
that they report immunizations given to adults, upon oral consent within 14 days of
administration to the state immunization registry. For patients in New York City such reporting
shall be to the citywide immunization registry. The bill also states that other health care
providers may report adult immunizations to the state and city registries, upon oral consent.
Collaborative Drug Therapy Management Extender S7435 (LaValle)/A9715 (Glick)
The bill extends for an additional year to September 2015 the collaborative drug therapy
management program currently in place in teaching hospitals.
Signed Into Law
*Please also see summary of enacted heroin/opioid bill package under Behavioral Health
section below.
PUBLIC HEALTH
Eating Disorders Awareness and Prevention Program S2530-A (Hannon)/A5294-A
(Gunther)
This bill establishes an Eating Disorders Awareness and Prevention program in DOH for the
purpose of promoting the awareness of eating disorders and available services and to prevent and
reduce the incidence and prevalence of eating disorders among children and adolescents.
Women’s Health Website S3817 (Hannon)/A4465-A (Galef)
The bill directs DOH to establish and maintain an Internet website for the purpose of advancing
women's health initiatives. Information shall be provided for the purposes of educating the public
and raising awareness of women's health issues. Information and links to useful resources shall
be provided to encourage use of services now made more widely available to women in the state.
The website shall include information detailing the 22 preventative services now covered
pursuant to federal law and regulations. Also the bill requires DOH to consider making use of
social media networks for the purposes of further advancing women's health initiatives.
NYC Cigarette Tax Violations S6349 (Lanza)/A364 (Dinowitz)
The bill authorizes the New York City Commissioner of Finance to approve suitable rewards for
information that leads to the detection of violations of the tax on cigarettes. Such rewards would
not exceed 15% of the amount collected based on the information received.
Expiration Dating on Sunscreens S6403-B (Carlucci)/A2727-B (Weisenberg)
The bill requires that certain sunscreen products sold in the state be labeled with an expiration
date. The bill applies only to over-the-counter products and does not apply to those that are also
cosmetic products or those that have been proven to maintain effectiveness or at least three years.
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Speed Cameras Demonstration Program S6918 (Klein)/A9206 (Silver)
The bill establishes a four-year demonstration program in Nassau and Suffolk counties to
implement speed monitoring devices in school speed zones using photo devices. The bill also
expands the number of school speed zones which New York City would be authorized to use in
its demonstration program by an additional 120, for a total of 140 speed cameras. The bill was
signed into law on June 25th, Chapter 43 of the Laws of 2014. Signed Into Law
NYS Physical Fitness and Activity Campaign S7000 (DeFrancisco)/A9403 (Cusick)
The bill establishes a New York state physical fitness and activity education campaign under the
administration of the Commissioner of DOH to promote physical fitness and activity through the
development and implementation of a public education and outreach campaign. The campaign
would focus on increasing public awareness of the importance of physical fitness and activity
and its corresponding health benefits through the use of social and mass media, including
Internet, television, radio, and print advertising to promote this message. The campaign would
also identify and recruit individuals to serve as visible, public ambassadors to promote this
message. Such ambassadors may include professional and amateur athletes, fitness experts, and
celebrity advocates from media, music and other entertainment mediums. The campaign would
be statewide, and focus on promoting physical fitness and activity for the following populations:
seniors; youth; and other high-risk populations.
Concussions and NYS Traumatic Brain Injury Program S7004-A (Young)/A9651-A
(Benedetto)
The bill creates a concussion management advisory committee to develop recommendations for
the traumatic brain injury services coordinating council related specifically to concussions and
mild traumatic brain injuries. The committee would be tasked with developing recommendations
for the council related to concussion management, academic scholarship, outreach programs,
public awareness, and consideration of scientific research findings related to mild traumatic brain
injuries and concussions. Signed Into Law
Liquid Nicotine Sales S7027-C (Hannon)/A9299-D (Rosenthal)
This bill prohibits the sale of liquid nicotine used with electronic cigarettes to minors. The bill
also requires liquid nicotine to be sold in a child proof container.
CPR in Schools S7096 (Grisanti)/A9298 (Weisenberg)
The bill requires the Commissioner of SED to make recommendations to the Board of Regents
related to the adoption of instructions in cardiopulmonary resuscitation and the use of automated
external defibrillators (AEDs) in high schools and whether to incorporate into school curriculum.
Administration of Epinephrine Auto-Injectors in Schools S7262-A (Hannon)/A7791-A
(Abinanti)
The bill authorizes schools and their employees to possess and administer auto-injectable
epinephrine without a prescription, in the event of an emergency and to authorize schools to
provide and maintain epinephrine auto-injectors on school property.
Health Services in Schools S7758 (Flanagan)/A9334-B (Nolan)
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The bill relates to health services in schools for students with allergies, diabetes and asthma. It
would allow students, authorized by a physician or other health care provider to carry an inhaler
and self-administer inhaler rescue medications while at school or at a school function. The bill
also allows students who have been diagnosed with an allergy or diabetes to carry and use
prescribed equipment and medications at school and school functions. It authorizes licensed
health care providers to train unlicensed school personnel to inject prescribed glucagon or
epinephrine in an emergency if a licensed provider is unavailable and states that school districts
shall not be financially or legally liable for compliance with the bill's provisions.
Authorized Use of Medical Marijuana S7923 (Savino)/A6357-E (Gottfried)
The bill allows for the use of medical marijuana in New York State. Under the bill, medical
marijuana would not be permitted in a smoked or plant form but rather through vaporization,
oils, pills or other means that are developed as approved by the State. Its use would be permitted
for patients with cancer, HIV/AIDS, amyotrophic lateral sclerosis, Parkinson's disease,
multiple sclerosis, damage to the nervous tissue of the spinal cord with objective neurological
indication of intractable spasticity, epilepsy, inflammatory bowel disease, neuropathies,
Huntington's disease, or other conditions as deemed appropriate by the Commissioner. Within
18 months from the effective date, the Commissioner shall determine whether to add the
following serious conditions: Alzheimer's, muscular dystrophy, dystonia, post traumatic stress
disorder and rheumatoid arthritis. Physicians would be permitted to administer the program that
will be run by DOH. Physicians would certify eligible patients who would then apply to DOH
for a registration card. They would need to take a training course (2 to 4 hour) to learn the
requirements and parameters of the law and register with DOH in order to participate. The
Commissioner of DOH is authorized to consider whether to include nurse practitioners in the
program considering access and availability. Medical marijuana would fall under the State
ISTOP program.
There would be five registered organizations that can each have four dispensaries to
manufacturer and dispense it within New York's borders. The dispensaries would be
geographically diverse. The marijuana would be subject to laboratory testing. The bill does not
require insurance to cover medical marijuana and there is no advisory council included in the
bill. The State Department of Health is tasked with its full administration.
The bill establishes a series of new crimes and penalties for violating the law and includes a
failsafe whereby the Governor could suspend the entire program at any time at the
recommendation of the Department of Health and State Police. It also includes a 7% excise tax
on the sale of medical marijuana. A portion of the proceeds would go to the counties where it is
manufactured and dispensed, to OASAS and to the Division of Criminal Justice Services
(DCJS).
The program would take effect in 18 months or when DOH is ready to certify and implement the
program, whichever is later. It would sunset in seven years. The bill is a Governor’s Program
bill which was the result of a three-way agreement. It was transmitted to the Governor on June
24th to be signed into law.
Signed Into Law
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BEHAVIORAL HEALTH
Workers’ Compensation Coverage of Licensed Clinical Social Workers S2360-A (Klein)
/A5299-B (Pretlow)
This bill authorizes the care and treatment of injured employees under the New State York
Workers’ Compensation Board (WCB) program by licensed clinical social workers. Currently,
only physicians and licensed psychologists may provide mental health services to injured
workers under the WCB program.
Security Hospital Treatment Assistants in OMH S3600-A (Lanza)/A1500-A (Gunther)
The bill allows the Commissioner of OMH to designate security hospital treatment assistants as
peace officers.
Whistle Blower, Mental Hygiene Employees S6183 (Carlucci)/A7909 (Gunther)
This bill provides protections to employees of mental hygiene programs and facilities from
employer retaliation for reported abuse, neglect, or maltreatment to authorities.
Materials on Problem Gambling S6251 (Carlucci)/A8345 (Crespo)
The bill requires OASAS, in consultation with SED to identify or develop materials on problem
gambling among youth. The materials shall be posted on SED’s website and made available for
use by schools, as appropriate. Signed Into Law
Continued Education for Licensed Mental Health Counselors and Other Professionals
S6300 (LaValle)/A8228-B (DenDekker)
The bill is the chapter amendment to Chapter 486 of the Laws of 2013 related to mandatory
continuing education for licensed mental health counselors, marriage and family therapists,
psychoanalysts and creative arts therapists. The bill makes a technical correction to the effective
date to authorize SED to take any action necessary to ensure the bill's timely implementation,
including the addition, amendment or repeal of any rule or regulation. The bill was signed into
law on March 17th, Chapter 15 of the Laws of 2014. Signed Into Law
Use of Opioid Antagonists S6477-B (Hannon)/A8637-B (Dinowitz)
The bill authorizes the Commissioner of Health to establish standards for the prescribing,
dispensing, distribution, possession and administration of opioid antagonist under the Opioid
Overdose Prevention Program. It also expands a health care professional's authority to prescribe,
dispense or distribute an opioid antagonist by authorizing such by non-patient-specific
prescription and provides that a pharmacist may dispense through a non-patient-specific
prescription. A recipient of the opioid antagonist is authorized to posses, distribute and
administer the opioid antagonist. The bill clarifies that any recipient acting reasonably and in
good faith pursuant to this section shall not be liable and requires the DOH to report on the
program and utilization of opioid antagonists annually to the Governor and Legislature. The bill
was signed into law on June 24th, Chapter 42 of the Laws of 2014. Signed Into Law
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Naturally Occurring Retirement Communities (NORCs) S6858 (Golden)/A9067 (Millman)
The bill makes chemical dependence counseling provided by credentialed alcoholism and
substance abuse counselors and referrals to appropriate chemical dependence counseling
providers available in NORCS. Signed Into Law
Outpatient Mental Health and Substance Abuse Services Provided by Hospitals S7481-A
(Hannon)/A9768-A (Gunther)
The bill would extend provisions that allow deemed status for general hospitals inpatient services
based on accreditation from national accrediting bodies, to also apply to outpatient services for
dually licensed facilities (OMH and OASAS). Signed Into Law
Mental Health Treatment Plans for Inmates S7818 (Young)/A10071 (Rules) O'Donnell
The bill provides for mental health discharge planning and when necessary, an appointment with
a mental health professional for inmates who will be released on community supervision if they
received mental health treatment within three years of the anticipated release date. Also the bill
authorizes regional community supervision directors to initiate involuntary commitment
proceedings under the mental hygiene law.
Opioid/Heroin Package ( All Bills in this Package S7902-7912 are Signed Into
Law)
Criminalizing the Sale of a Controlled Substance by a Practitioner or Pharmacist S7902
(Hannon)/A10154 (Rules) Hennessey
The bill increases the penalties for the criminal sale of a controlled substance by a pharmacist or
practitioner by making the crime a class C felony. It was signed into law on June 23rd, Chapter
31 of the Laws of 2014.
Heroin/Opioid Addiction Wraparound Services Demonstration S7903 (Carlucci)/A10160
(Rules) Gunther
The bill requires the Commissioner of OASAS, in consultation with DOH to develop a heroin
and opioid addiction wraparound services three-year demonstration program. The program
would provide wraparound services to adolescent and adult patients during treatment and shall
be available to such patients for up to nine months after completion of such treatment program.
Under the bill, wraparound services include:

Case management services which address: educational resources, legal services,
financial services, social services, family services, and childcare services;

Peer supports, including peer to peer support groups;

Employment support; and

Transportation assistance.
Within two years, OASAS is required to provide an evaluation of the program and
recommendations on whether it should be continued or expanded to the Governor and
Legislature. The bill was signed into law on June 23rd, Chapter 32 of the Laws of 2014.
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Opioid Treatment and Hospital Diversion Demonstration Program S7904
(Hannon)/A10159 (Rules) McDonald
The bill creates a new 3-year Opioid Addiction Treatment and Hospital Diversion Demonstration
Program where the Commissioner of OASAS is authorized to establish demonstration programs
throughout the state to test new approaches to providing services to individuals who are
attempting to detoxify from heroin where a hospital level of care is unnecessary. The bill
authorizes OASAS to issue grants for the programs, services and facilities in order to implement
the demonstration program. Within two years, OASAS is required to provide an evaluation of the
program and recommendations on whether it should be continued or expanded to the Governor
and Legislature. The bill was signed into law on June 23rd, Chapter 33 of the Laws of 2014.
Opioid Antagonist Information Cards S7905 (Marchione)/A10156 (Rules) Dinowitz
The bill requires that the DOH make available information cards to opioid overdose prevention
programs for distribution with all opioid antagonists. Such cards shall include information on
how to recognize symptoms of an overdose; what steps to take, including calling first
responders; and how to access services through OASAS. The bill was signed into law on June
23rd, Chapter 34 of the Laws of 2014.
BNE Access to Criminal History Information S7906 (Martins)/A10158 (Rules) Cymbrowitz
The bill further enhances the investigation capabilities of the Bureau of Narcotic Enforcement
(BNE) in DOH by directing the Division of Criminal Justice Services to give authorized
employees at BNE access to criminal history information currently maintained by the Division.
The bill was signed into law on June 23rd, Chapter 35 of the Laws of 2014.
Prescription Medication Fraud & Deceit S7907 (Marcellino)/A10155 (Rules) PeoplesStokes
The bill creates a new crime in the penal code of “fraud and deceit related to controlled
substances” as a Class A misdemeanor to crack down on doctor shopping, criminalizing behavior
by those individuals who obtain or attempt to obtain a controlled substance or a prescription by
misrepresenting themselves as a doctor or pharmacist, or presenting a forged prescription. The
bill was signed into law on June 23rd, Chapter 36 of the Laws of 2014.
Criminal Sale of Controlled Substances S7908 (Hannon)/A10157 (Rules) Stirpe
The bill amends the penal law to add the additional element of criminal sale of a controlled
substance by a practitioner or pharmacist while he or she purports to act in his or her capacity as
a practitioner or pharmacist. The bill was signed into law on June 23rd, Chapter 37 of the Laws
of 2014.
Youth Assessment Services S7909 (Felder)/A10162 (Rules) Lupardo
The bill amends the Family Court Act to provide that young people alleged to be suffering from
a substance use disorder – which could make the youth a danger to himself or herself or others –
can be assessed by an OASAS certified provider as part of Person In Need of Supervision (PINS)
diversion services. The bill was signed into law on June 23rd, Chapter 38 of the Laws of 2014. .
Drug Instruction in Health Education Courses S7910 (Martins)/A10163 (Rules)
Cymbrowitz
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The bill authorizes the State Education Commissioner, in consultation with OASAS and DOH to
make recommendations related to updating curriculum on drug abuse including opioids and
heroin every three years so students have the most current and up-to-date information on coping
with drug abuse and other substance abuse problems. If the Board of Regents approves the
recommendations they shall be implemented in the next school year after being adopted. The
bill was signed into law on June 23rd, Chapter 39 of the Laws of 2014.
Heroin and Opioid Addiction Awareness Program S7911 (Boyle)/A10161 (Rules)
Cymbrowitz
The bill directs OASAS in consultation with DOH to undertake a public awareness and
educational campaign utilizing public forums, media (social and mass) and advertising to
educate youth, parents, healthcare professionals and others about the risks associated with heroin
and opioids, how to recognize signs of addiction, and the resources available to respond to these
issues. The bill was signed into law on June 23rd, Chapter 40 of the Laws of 2014.
Expanded Insurance Coverage for Substance Abuse Disorders S7912 (Seward)/A10164
(Rules) Cusick
The bill expands insurance coverage for substance abuse disorders requiring continued coverage
of treatment during expedited appeals of treatment denials. The bill requires insurers to use
recognized, evidence-based and peer-reviewed clinical review criteria, approved by the State
Office of Alcoholism and Substance Abuse Services (OASAS), when making decisions
regarding treatment coverage and appeals. Also it requires that coverage decisions be made by
medical professionals who specialize in behavioral health and substance abuse. It requires the
Department of Financial Services (DFS) to include in its review of insurers every three years a
compliance check on these new requirements and also the bill include a workgroup to
recommendations on improving access and availability of treatment services in the State. The bill
was signed into law on June 23rd, Chapter 41 of the Laws of 2014.
DEVELOPMENTAL DISABILITIES
People First Act of 2014 S1109-D (Maziarz)/A.8452 (Gunther)
This bill requires the Commissioner of OPWDD to conduct a geographic analysis of the supports
and services available in a community setting to individuals with developmental disabilities and
to identify gaps in supports and services by regions of the state. The Commissioner is also
directed to develop a web-based data base which will permit the prioritization of urgency of
needs for those facing emergency or immediate need, those facing critical need, defined as
additional services and supports within one year and planned need for those who will need
additional services and supports within five years or where the individual's caregiver is over
sixty years old. Annual reporting requirements will allow the Legislature and the Executive to
make informed policy decisions in the delivery of services and supports to individuals with
developmental disabilities.
“Front Door” S6641-C (Carlucci)/A8846 C (Weisenberg)
This bill would amend the Mental Hygiene Law to require the Commissioner of the OPWDD to
develop a plan to overhaul and improve the front door process. The front door process was
designed to allocate services to people with developmental disabilities based on person-centered
planning. This bill will require that the plan be developed in collaboration with the
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Developmental Disabilities Advisory Council and submitted to the Speaker of the Assembly and
the Senate Majority Leader no later than January 1, 2015 with implementation beginning no later
than April 1, 2015.
Task Force on Adults with Developmental Disabilities S6659-A (Carlucci)/A.8835-A
(Gunther)
This bill creates a Task Force on adults with developmental disabilities. The Task Force is
comprised of ten members including the Commissioners of OPWDD, Health, Education,
Housing and Community Renewal, Mental Health and Labor as well as four members with
demonstrated expertise in the issues relating to the work of the Task Force (two appointed by the
Governor, one by the Senate and one by the Assembly).
The Task Force is charged with studying, evaluating and developing recommendations relating
to specific actionable measures to support and meet the needs of adults with developmental
disabilities including vocational, residential and social needs. The study will also evaluate the
long term needs of adults with developmental disabilities who reside with aging caregivers. The
recommendations of the Task Force will comprise the basis for a comprehensive plan for
meeting the needs of adults with developmental disabilities and will be submitted to the
Governor and the Legislature on or before January 1, 2016.
Accessibility Signage S6846-A (Carlucci)/A9934-A (Galef)
This bill would replace the outdated term "handicapped accessible" with "accessible" and change
the icon symbol for all new signage for accessibility with a revamped international symbol of
access (ISA). The legislation would replace, on a prospective basis, the current symbol of a
person seated in a wheelchair with a more dynamic forward leaning person in a wheelchair.
Signed Into Law
Justice Center Interviews S7232-A (Carlucci)/A9605-A (Gunther)
This bill requires the Justice Center, in consultation with its Advisory Council, to establish
protocols and procedures for an evaluation of an individual with a disability/vulnerable person
prior to an interview. The purpose of the bill is to ensure that a Justice Center interview of a
“vulnerable” individual is conducted safely.
The bill also requires protocols and procedures to be established by the Justice Center for the
notification of personal representatives, such as parents or guardians, as appropriate, of an
impending interview and requires that the individual with a disability/vulnerable person be
notified that a Justice Center interview is voluntary. The bill gives the Justice Center sufficient
discretionary authority to ensure that the safety and notification requirements do not impede the
ability of the Justice Center to perform timely and effective investigations.
Due Process Protections for Adults with Developmental Disabilities S7374 (Bonacic)/A9729
(Jaffee)
This bill provides the parents or guardians of an adult with developmental disabilities with due
process protections, including the right to an impartial hearing to challenge the determination
regarding the appropriate setting for care, after the individual turns 21years of age. Under the
current law, due process protections are afforded to the parents of children with developmental
disabilities while they are in school. However, those protections are severely curtailed for
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individuals who completed the school year in which they reach age 21 before July 1, 1996, and
eliminated for those who turn 21 after July 1, 1996.
Office for People with Developmental Disabilities (OPWDD) Services Under Managed
Care S7400-B (Carlucci)/A9766-A (Gunther)
This bill clarifies that those entities that provide supports and services for individuals with
developmental disabilities, such as residential, day and employment services must be public or
non-profit entities with experience providing those services under the OPWDD regardless of the
type of managed care entity: Developmental Disabilities Individual Support and Care
Coordination Organization (DISCO); Managed Care Organization (MCO); or Managed Long
Term Care (MLTC) program.
EDUCATION/SPECIAL EDUCATION
Parental Notice of Special Education Services S5791-A (Flanagan)/A4054 (Weisenberg)
This bill requires school districts to notify a parent or guardian of a child of their rights and
availability of special education services upon a child’s enrollment in school, including
information on SED’s website and the name and contact information of the Committee on
Special Education Chairperson.
Early Learning Council S6961 (Avella)/A8921 (Lupardo)
This bill establishes a State Early Learning Council for children up to the age of 5 for the
purpose of securing support for public and private investment in early learning and creating
practices that are educationally, economically, and scientifically sound. The membership of the
Council shall consist of the Commissioners of the Office of Children and Family Services and
the Office of Temporary and Disability Assistance, SED, the President of the Empire State
Development Corporation, the Director of the Division of the Budget, the Temporary President
of the Senate, the Speaker of the Assembly, and at least 4 representatives of the business
community appointed by the Speaker of the Assembly and the Temporary President of the
Senate. The Council is charged with providing a report to the Governor and the Legislature on
September 1, 2015 and annually thereafter.
CPR in Schools S7096 (Grisanti)/A9298 (Weisenberg)
The bill requires the Commissioner of SED to make recommendations to the Board of Regents
related to the adoption of instructions in cardiopulmonary resuscitation and the use of automated
external defibrillators (AEDs) in high schools and whether to incorporate into school curriculum.
Administration of Epinephrine Auto-Injectors in Schools S7262-A (Hannon)/A7791-A
(Abinanti)
The bill authorizes schools and their employees to possess and administer auto-injectable
epinephrine without a prescription, in the event of an emergency and to authorize schools to
provide and maintain epinephrine auto-injectors on school property.
Health Services in Schools S7758 (Flanagan)/A9334-B (Nolan)
The bill relates to health services in schools for students with allergies, diabetes and asthma. It
would allow students, authorized by a physician or other health care provider to carry an inhaler
and self-administer inhaler rescue medications while at school or at a school function. The bill
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also allows students who have been diagnosed with an allergy or diabetes to carry and use
prescribed equipment and medications at school and school functions. It authorizes licensed
health care providers to train unlicensed school personnel to inject prescribed glucagon or
epinephrine in an emergency if a licensed provider is unavailable and states that school districts
shall not be financially or legally liable for compliance with the bill's provisions.
INSURANCE
Coverage of Equipment/Supplies for Treatment of Ostomies S5937-A (Valesky)/A8137-A
(Magnarelli)
The bill requires commercial insurance coverage for the following equipment and supplies used
for the treatment of ostomies, if recommended or prescribed by a physician or other authorized
prescriber: flanges, collection bags, clamps, irrigation devices, sanitizing products, ostomy rings
and ostomy belts. The bill also requires the Commissioner of DOH to provide and periodically
update by rule or regulation a list of additional ostomy equipment and related supplies that are
medically necessary for the treatment of ostomies for which there shall also be coverage.
Health Insurance Demonstration Programs S6252 (Robach)/A8398 (Morelle)
The bill is the Chapter Amendment to Chapter 488 of the laws of 2013 and states that any
eligible insurer seeking the superintendent's approval in relation to a health insurance
demonstration program for independent workers and a health insurance demonstration program
for former employees shall submit a written request to the Superintendent of DFS within 30 days
of enactment. The bill was signed into law on March 17th, Chapter 13 of the Laws of 2014.
Signed Into Law
Life Insurance Policies, Expansion of Accelerated Death Benefits S6672-A (Klein)/A8957-A
(Gjonaj)
The bill expands the type of end of life care that can be financed through an accelerated death
benefit attached to a life insurance policy to include persons who have received end of life care
for more than three months through a home care services agency or a hospice or palliative care
provider. The current law applies only to such care in nursing homes.
Maternal Depression Education, Screening and Treatment S7234-B (Krueger)/A9610-B
(Gottfried)
The bill defines maternal depression and maternal health care provider and requires the
Commissioner of DOH to provide updated information and guidelines on maternal depression
screening, follow-up support, referrals and treatment to health care providers, hospitals and
OMH treatment providers, support groups and not-for-profit organizations. The bill also would
require greater public education to promote awareness of and destigmatize maternal depression.
The bill also states that no insurer shall limit a patient's direct access to maternal depression
screening and referral, as covered by their policy in that patients should not be required to get a
referral for such services from their primary care provider. Signed Into Law
Insurance and Medicaid Coverage of Telehealth and Telemedicine S7852 (Young)/A9129-A
(Russell)
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This bill requires commercial insurance companies and the State Medicaid program to provide
coverage of telehealth and telemedicine services that are provided by physicians, physician
assistants, dentists, nurses, ophthalmologists, psychologists, social workers, speech-languagepathologists and audiologists. The coverage is subject to annual deductibles, coinsurance,
utilization management and other managed care tools imposed by insurance companies. The bill
would take effect on January 1, 2015.
Chapter Amendment Related to Coverage of Ostomies S7893 (Valesky)/A10140 (Rules)
Magnarelli
The bill is the chapter amendment to S5937-A/A8137-A to clarify that coverage for ostomy
supplies shall be identical to coverage provided under the essential health benefits required under
the Affordable Care Act.
MULTIPLE SECTORS
Removal of Health Care Agents and Surrogates S1207-A (Carlucci)/A5309-A (Skoufis)
This bill would allow a court to remove the authority of a health care agent or surrogate to make
medical decisions on behalf of a person who lacks the capacity to make decisions when the agent
or surrogate is subject to an order of protection against the incapacitated person or has been
charge with a criminal act that allegedly caused the incapacitation. Signed Into Law
Prompt Contracting by State Agencies S6482 (DeFrancisco)/A8964 (Englebright)
The bill requires that not-for-profit organizations and public benefit corporations shall be entitled
to all prompt contracting interest due from a state agency within thirty days of the date the
payment or payments required under a contract that is approved late are made to the
organization.
Veterans Health S6685 (Zeldin)/A2189-A (Lavine)
This bill requires the Veterans Health Care Information Program to include information about
specific mental and physical health issues including post-traumatic stress disorder, traumatic
brain injury, and other brain-related injuries. In addition, it requires the Commissioner of the
Department of Corrections to report annually to the Legislature on the number of inmates who
are currently serving sentences in State or local correctional facilities who have served in the
United State armed forces, including a breakdown of the number of inmates by branch of
service, time period of military service and the type of discharge.
Portable X-Ray Services Medicaid Extension S7774 (Hannon)/A10018 (Peoples-Stoke)
This bill extends until September 15, 2015, a 1997 law to allow portable x-ray providers to
directly bill the Medicaid program for services provided to clients. The bill was transmitted to
the Governor for consideration on June 30th. Signed Into Law
Not-For-Profit Corporation Boards S7799-A (Ranzenhofer)/A10027-A (Rules) Brennan
Provisions of the Not-For-Profit Revitalization Act of 2013 prohibit employees of Not-For-Profit
corporations from serving as Chair of the Board of Directors. This bill would delay the effective
date of this provision to January 1, 2016. The bill was signed into law on June 30th, Chapter 81
of the Laws of 2014. Signed Into Law
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We will keep you apprised of new developments with bills of interest. The status, sponsor’s
memo and full text of the legislation summarized above is available upon entering the bill
number in the search field included at the top of the following
page: http://www.assembly.state.ny.us/leg/
As many of you are aware our partner Marcy Savage and her husband Alex were blessed with
another beautiful daughter, thanks to her and all partners and staff at Reid, McNally & Savage
who helped put together this update. We continue to think of all of you every day in your efforts
to bring quality health care to our State. We look forward to working with you to prepare for the
2015 session and the challenges that lie ahead.
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