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first, nineteen hundred eighty-six and terminate on March thirty-first, nineteen hundred eighty-nine. Ản additional demonstration period shall commence April first, nineteen hundred eighty-nine and terminate March thirty-first, nineteen hundred ninety-two. An additional demonstration period shall commence April first, nineteen hundred ninety-two and terzinate March thirty-first, nineteen hundred ninety-five; provided, however, that the connissioner may prescribe requirements for the continuation of such demonstration program, including periodic reviews of such programs and submission of any reports and data necessary to permit such reviews. During these additional periods, the provisions of this subparagraph shall also apply to a physician committee of a county medical society. $ 5 Subdivision .

12 of section 230 of the public health law, as amended by chapter 606 of the laws of 1991, is amended

to

read follows:

12. Summary action. Whenever the commissioner, after an investigation and a recommendation by a committee on professional conduct of the state board for professional medical conduct, based upon a determination that a licensee is causing, engaging in or maintaining a condition or activity which in the commissioner's opinion constitutes an imminent danger to the health of the people, and that it therefore appears to be prejudicial to the interests of the people to delay action until an opportunity for a hearing can be provided in accordance with the prehearing and hearing provisions of this section, the commissioner may order the licensee, by written notice, to discontinue such dangerous condition or activity or take certain action immediately and for a period of ninety days from the date of service of the order. Within ten days from the date of service of the said order, the state board for professional medical conduct shall commence and regularly schedule such hearing proceedings as required by this section of the public health law, provided, however, that the hearing shall be completed within ninety days of the date of service of the order. To the extent that the issue of imminent danger can be proven without the attorney representing the office of professional medical conduct putting in its entire case, the committee of the board shall first determine whether by a preponderance of the evidence the licensee is causing, engaging in or maintaining a condition or activity which constitutes an imminent danger to the health of the people. The attorney, representing the office of professional medical conduct shall have the burden of going forward and proving by a preponderance of the evidence that the licensee's condition, activity or practice constitutes an imminent danger to the health of thé people. The licensee shall have opportunity to be heard and to present proof. When both the office and the licensee have completed their cases with respect to the question of imminent danger, the committee shall promptly make a recommendation to the commissioner the issue of imminent danger and determine whether the summary order should be left in effect, modified or vacated, and continue the hearing

all the remaining charges, if any, in accordance with paragraph (f) of subdivision ten of this section. Within ten days of the committee's recommendation, the commissioner shall determine whether or not to adopt the committee's recommendations, in whole or in part, and shall leave in effect, modify or vacate his summary order. The state board for professional medical conduct shall make every reasonable effort to avoid any delay in completing and determining such proceedings. If, at the conclusion of the hearing, (a) the hearing committee of the board finds the licensee guilty of one or more of the charges which are the basis for the summary order, (b) the hearing committee determines that the summary order continue, and (c) the ninety day term of the order has not expired, the suonary order shall remain in full force and effect until a final decision by the committee has been rendered.

§ 6. Subdivision 18 of section 230 of the public health law, amended by chapter 606 of the laws of 1991, is amended to read follows:

18. (a) The director shall have the authority to monitor physicians physician's assistants and specialist's assistants who have been placed on probation pursuant to a determination of professional misconduct by the board. During such period of probation, the director, or his or her designee, as provided in the order of the board, and after consultation with the executive secretary, (i) may review the professional perforEXPLANATION—Matter in italics is new; matter in brackets [ ] is old law

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of the licensee by randomly selecting office records, patient records and hospital charts, (ii) may require periodic visits by the licensee to a member of the state board for professional medical conduct or an employee of the office of professional medical conduct, (iii) may require the licensee to obtain an appropriate monitor, approved by the director, to monitor the licensee's practice, ,(iv), may require an audit of the licensee's billings for services rendered during probation, (v) may require the licensee to submit on a random basis to tests for the presence of alcohol or drugs, (vi) may require the licensee to obtain additional training prior to completion of the probation, (vii), may require the licensee to work in a supervised setting, [and] (viii) may require, as a condition of the licensee's continued practice, that the licensee undergo therapy and/or treatment approved and monitored by the director, (ix) may require that the licensee comply with the requirements of the penalty imposed, and (x) may impose upon the licensee such additional requirements as reasonably relate to the misconduct found are necessary to protect the health of the people. The director is authorized to delegate some or all of the foregoing responsibilities to designated, county medical societies and district osteopathic societies.

(b) Any health care provider licensed pursuant to this chapter or the education law that participates in a monitoring or remediation program (as a monitor] pursuant to this subdivision and subdivision seventeen of this section shall not be liable for the negligence of the monitored licensee in providing medical care pursuant to a monitoring program. The monitored licensee shall be required to maintain medical malpractice insurance coverage with limits no less than two million dollars per occurrence and six million dollars per policy year.

§ 7. Paragraph (a) of subdivision 4 and subdivision 5 of section 230-c of the public health law, as added by chapter 606 of the laws of 1991, are amended to read as follows:

(a) The determinations of a committee on professional conduct of the state board for professional medical conduct may be reviewed by the administrative review board for professional medical conduct. Either the licensee or the department may seek a review. A notice of review must be served by certified mail upon the administrative review board and the adverse party within fourteen days of service of the determination of the committee on professional conduct of the state board for professional medical conduct. Any penalty imposed by the order of the committee on professional conduct is stayed by the service of the notice of review upon the administrative review board and remains stayed until the review board renders its determination. A commissioner's summary order under subdivision twelve of section two hundred thirty of this title is not stayed by service of the notice of review. All parties have thirty days from the service of the notice of appeal to submit briefs and a stipulated record

to the board. All parties have seven days from the receipt of the submitted brief to file a response. All reviews shall consist of review of the record below and submitted briefs only. A written determination of the review board must be rendered within fortyfive days of the submission of briefs and a stipulated record.

5. Judicial review. An order of the administrative review board for professional medical conduct or a determination of a committee in which

review by the administrative review board was requested may be reviewed pursuant to the proceedings under article seventy-eight of the civil practice law and rules. Such proceeding shall be returnable before the appellate division of the third judicial department and such decisions shall not be stayed or enjoined except upon application to such appellate division after notice to the department and to the attorney general and upon a showing that the petitioner has a substantial likelihood of success. Failure to seek an order of the administrative review board shall not be grounds for dismissal of such a proceeding.

§ 8. Subdivision 9 of section 6530 of the education law is amended by adding a new paragraph (e) to read as follows:

(e) Having been found by the commissioner of health to be in violation of article thirty-three of the public health law;

$ 9. Section 5 of chapter 426 of the laws of 1983, amending the public health law, relating to professional misconduct proceedings, as amended by chapter 55 of the laws of 1989, is amended to read as follows:

§ 5. This act shall take effect June [first, nineteen hundred eightythree] 1, 1983 and shall remain in full force and effect until March [thirty-first, nineteen hundred ninety-two] 31, 1995.

§ 10. Section 5 of chapter 582 of the laws of 1984, amending the public health law, relating to regulating activities

regulating activities of physicians, as

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by chapter 55 of the laws of 1989, is amended to read as follows:

§ 5. This act shall take effect immediately, provided however that the provisions of this act shall remain in full force and effect until March [thirty-first, nineteen hundred ninety-two] 31, 1995 at which time the provisions of this act shall be deemed to be repealed.

§ 11. Any physician committee of the medical society of the state of New York, the New York state osteopathic society

county medical society referred to in subparagraph (ii) of paragraph (C) of subdivision 11 of section 230 of the public health law, as amended by section four of this act, shall with respect to the additional demonstration period created by this act, on or before September 30, 1994, submit a written report to the commissioner of the department of health concerning the activities of such committee and containing sufficient information to permit such commissioner to evaluate the committee's activities. The commissioner of health, shall review such report and make a final report to the legislature and the governor no later than January 31, 1995, including any recommendations the commissioner may deem appropriate.

§ 12. Notwithstanding any inconsistent provisions of chapter 426 of the laws of 1983, amending the public health law, relating to professional misconduct proceedings, as amended by chapter 45 of the laws of 1986 and chapter 55 of the laws of 1989, or chapter 582 of the laws of 1984, amending the public health law, relating to regulating activities of physicians, as amended by chapter 45 of the laws of 1986 and chapter 55 of the laws of 1989, the expiration of certain provisions of section 230 of the public health law shall not affect the provisions of

paragraph (a) of subdivision 10 of section 230 of the public health law, as amended by chapter 606 of the laws of 1991. § 13.

This act shall take effect immediately; provided; however, that sections four, nine, ten, eleven, and twelve shall be deemed to been in full force and effect on and after April 1, 1992.

CHAPTER 38

AN ACT to amend chapter 892 of the laws of 1986, amending the domestic

relations law relating to enacting the New York state support enforcement act of nineteen hundred eighty-six, in relation to the effectiveness of such chapter

Became a law April 1, 1992, with the approval of the Governor.

Passed by a majority vote, three-fifths being present.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

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Section 1. Section 34 of chapter 892 of the laws of 1986, amending the domestic relations law relating, to enacting the New York

support enforcement act of nineteen hundred eighty-six, as amended by chapter 437 of the laws of 1990, is amended to read as follows:

§ 34. This act shall take effect immediately except that the provisions of subdivision 9 of section 111-b of the social services law, added by section thirty of this act, shall take effect on the first day of April, 1987 and shall expire and be deemed repealed on the first day of April, [1992] 1994 and provided, however, that the amendment to subdivision (d) of section 439 of the family court act as made by section eighteen of this act shall be deemed to have been in full force and effect since November 1, 1985 and provided further that the provisions of section 513 of the family court act as amended by section twenty-five of EXPLANATION–Matter in italics is new; matter in brackets [ ] is old law

to be omitted.

this act and the provisions of subdivision 2 of section 545 of the family court act as added by section twenty-eight of this act shall apply to all paternity proceedings commenced on and after the effective date of this act.

§ 2. This act shall take effect March 31, 1992.

CHAPTER 39

AN ACT to amend chapter 32 of the laws of 1992 amending the social ser

vices law and other laws relating to child abuse or neglect, in relation to the effective date thereof

Became a law April 1, 1992, with the approval of the Governor. Passed on

message of necessity pursuant to Article III, section 14 of the Constitution by a majority vote, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Section 49 of chapter 32 of the laws of 1992 amending the social services law and other laws relating to child abuse or neglect is amended to read as follows:

§ 49. This act shall take effect ÇOctober 1, 1992, provided, however, that the provisions of this act shall apply to any investigation of child abuse or neglect, pursuant to this act, which has not been completed as of the effective date of this act] immediately, provided that sections through thirty-eight of this act shall take effect on October 1, 1992 and provided further that sections, thirty-nine through forty-eight of this act shall be deemed to have been in full force and effect on and after March 31, 1992 and provided further however that any investigation of child abuse or neglect commenced prior to October 1, 1992 shall be conducted pursuant to the provisions of law in effect the date such investigation is commenced.

§ 2. This act shall take effect immediately.

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CHAPTER 40

AN ACT to amend chapter 336 of the laws of 1981 amending the public

lands law, relating to the compensation of licensed brokers for the sale of state lands, in relation to deleting the expiration date thereof

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Became a law April 1, 1992, with the approval of the Governor.

Passed by a majority vote, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section Section 2 of chapter 336 of the laws of 1981 amending the public lands law relating to the compensation of licensed brokers for the sale of state lands, as amended by chapter 60 of the laws of 1990, is amended to read as follows:

§ 2. This act shall take effect immediately (and shall remain in force and effect only until March 31, 1992. However, such lapsing shall not affect the payment of commissions duly earned pursuant to section one of this act].

§ 2. This act shall take effect immediately.

CHAPTER 41

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AN ACT to contain health care provider reimbursement rates; to amend the

public health law, the social services law, the mental hygiene law and chapter 938 of the laws of 1990 amending the public health law, the social services law and the mental hygiene law, relating to assessing certain health care providers, in relation to assessments on certain health care providers; to authorize the transfer of certain funds to the department of social services medical assistance - local assistance appropriation from the bad debt and charity care pools; to amend chapter 166 of the laws of 1991, amending the tax law and other laws relating to deduction or credit by a shareholder and related provisions; to amend the social services law, in relation to payments and services under the medical assistance program; and to repeal certain provisions of the public health law, the social services law and chapter 938 of the laws of 1990 amending the public health law, the social services law and the mental hygiene law, relating to assessing certain health care providers, relating thereto; to amend the public health law and the social services law, in relation to assessing certain health care providers to authorize the transfer of certain funds and payments and services under the medical assistance program; in relation to the definition of medical assistance and eligibility therefor, establishment of system of co-payments for medical assistance and utilization of home care

and personal care services; amending the estates, powers and trusts law, in relation to disposition in trust for use; the surrogate's court procedure act, in relation to debtor debt;' the penal law, in relation to medical assistance authorization card; and to amend chapter 266 of the laws of 1986 amending, the civil practice law and rules and other laws relating to malpractice and professional medical conduct; to amend the social services law, in relation to strengthening recipient employment service requirements and incentives, eliminating non-essential assistance, and controlling fraud and abuse and further in relation to the payment of security deposits for public assistance recipients and the character of home relief; to amend the executive law and the social services law, in relation to creating an office of welfare inspector general; to amend the domestic relations law, the family court act, the judiciary law and the social services law, in relation to child support establishment and to repeal subdivision ten of section 111-b of the social services law, relating thereto and to amend the domestic relations law, the family court act, in relation to support arrears/past due child support and to the enforceability; to amend the social services law, in relation to establishing fingerprint identification demonstration programs in the counties of Rockland and Onondaga for home relief recipients; and to amend the executive law and chapter 829 of the laws of 1990 amending the executive law relating to the elderly pharmaceutical insurance coverage program, in relation to the elderly pharmaceutical insurance coverage program and rebate agreements with drug manufacturers; to amend the public health law, in relation to continuing rate adjustments for certain hospitals and to provide for

the repeal of certain provisions of this act at the expiration thereof Became a law April 2, 1992, with the approval of the Governor. Passed on

message of necessity pursuant to Article III, section 14 of the Constitution by a majority vote, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Notwithstanding any inconsistent provision of law or regulation to the contrary, maximum daily rates of payment excluding the allowable costs of transportation, to residential health care facilities for adult day services provided in a 24-hour period on or after July 1, 1992 to persons eligible for payments made by state governmental agencies determined in accordance with article 28 of the public health law shall be sixty-five percent of the sponsoring facility's residential health care facility per diem rate on January 1, 1990 with the operating cost component trended to the rate period by the trend factor applicable EXPLANATION-Matter in italics is new; matter in brackets [] is old law

to be omitted.

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