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local social service districts establishing an automated fingerprint matching identification system pursuant to this subdivision shall be deemed agency as defined in subdivision one of section ninety-two of the public officers law, and data collected and maintained in such automated system shall be deemed records and systems of records as defined in subdivisions nine and eleven of such section of such law. Except

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otherwise specifically provided in this section, the provisions of article six-a of such law, known the "personal privacy protection law" shall apply to the records and systems of records collected and maintained by such local social service districts pursuant to this section.

(j) The demonstration districts shall contract pursuant to the provisions of this subdivision not later than July first, nineteen hundred ninety-two for a full automated fingerprint matching identification system, and such system shall be estabỉished in the selected districts not later than October first, nineteen hundred ninety-two, and such demonstration projects shall expire October first, nineteen hundred ninetythree.

§ 156. Subdivisions 1 and 2 of section 547-b of the executive law, as amended by chapter 165 of the laws of 1991,

amended to read follows:

1. Persons eligible for coverage under section five hundred fortyseven-g of this article shall include:

(a) any unmarried resident who is at least sixty-five years of age and whosé income for the calendar year immediately preceding the effective date of the annual coverage period is: (i) for any coverage period beginning on or after April first, nineteen hundred [ninety-two) ninetythree, less than or equal to ten thousand dollars; and (ii) for any cov; erage period beginning or after April first, nineteen hundred [ninety-three) ninety-four, less than equal to twelve thousand dollars. After the initial determination of eligibility, each eligible individual must be redetermined eligible at least every twelve] twentyfour months; and

(b) any married resident who is at least sixty-five years of age and whosé income for the calendar year immediately preceding the effective date of the annual coverage period when combined with the income in the same calendar year of such married person's spouse is: (i) for any COVerage period beginning

after April first, nineteen hundred (ninety-two) ninety-three, less than or equal to thirteen thousand dol; Iars; and (ii) for any coverage period beginning on or after April first, nineteen hundred [ninety-three) ninety-four, less than or equal to fifteen thousand dollars. After the initial détermination of eligibility, each eligible individual must be redetermined eligible at least every twelve) twenty-four months.

2. Persons eligible for coverage under section five hundred fortyseven-h of this article shall include:

(a) any unmarried resident who is at least sixty-five years of age and whosé income for the calendar year immediately preceding the effective date of the annual coverage period is: (i) for any coverage period beginning on or after April first, nineteen hundred [ninety-two) ninetythree,

than ten thousand and less than sixteen thousand dollars, and (ii) for any coverage period beginning or after April first, nineteen hundred [ninety-three) ninety-four, more than twelve thousand and less than eighteen thousand dollars. After the initial determination of eligibility, each eligible individual must be redetermined eligible at least every (twelve] twenty-four months; and

(b) any married resident who is at least sixty-five years of age and whosé income for the calendar year immediately preceding the effective date of the annual coverage period when combined with the income in the same calendar year of such married person's spouse is: (i) for any coverage period

period beginning on after April first, nineteen hundred [ninety-two] ninety-three, more than thirteen thousand dollars and less than twenty-one thousand dollars; and (ii) for any coverage period beginning on or after April first, nineteen hundred [ninety-three] ninety-four, more than fifteen thousand and less than twenty-three thousand dollars. After the initial determination of eligibility, each eligible individual must be redetermined eligible at

least every [twelve] twenty-four months.

§ 157. Subdivision 4 of section 547-e of the executive law, as amended by chapter 165 of the laws of 1991, is amended to read as follows:

4. Establish procedures to prórate premiums, registration fees, the co-payment maximum and deductible amounts for any participant's annual

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coverage period which began after April first, nineteen hundred [ninetyone] ninety-two and before April first, nineteen hundred [ninety-two) ninety-three. Such proration shall be calculated on a daily basis and ensure that program participants are afforded an equitable transition from the program established pursuant to this article to the revised program to go into effect on April first, nineteen hundred [ninety-two] ninety-three.

§ 158. Section 8 of chapter 829 of the laws of 1990 amending the executive law relating to the elderly pharmaceutical insurance coverage program, as amended by chapter 165 of the laws of 1991, is amended to read as follows:

5 8. This act shall take effect April 1, [1992] 1993, provided however, that sections one, three, four, five and six of this act shall take effect immediately.

§ 159. Paragraph (b) of subdivision 3 of section 547-j of the executive law, as added by chapter 165 of the laws of 1991, is amended to read as follows:

(b) The rebate agreement between such manufacturer and the program for elderly pharmaceutical insurance coverage shall utilize for covered sinsle source drugs and innovator multiple source drugs the identical formula used to determine the basic rebate for federal financial participation single source drugs and innovator multiple source drugs, pursuant to paragraph one of subdivision (c) of section 1927 of the federal social security act, to determine the amount of the rebate pursuant to this subdivision. Thé rebate agreement between such manufacturer and the program for elderly pharmaceutical insurance coverage shall utilize for non-innovator multiple source drugs, the identical formula used to determine the basic rebate for federal financial participation for noninnovator multiple source drugs, pursuant to paragraphs three and four of subdivision (c) of section 1927 of the federal social security act, to determine the amount of the rebate pursuant to this paragraph. The rebate agreement shall also provide for periodic payment of the rebate, provision of information to the program, audits, verification of data and confidentiality of information.

$ 160. Subparagraph (iii) of paragraph (b) of subdivision 14-d of section 2807-c of the public health law, as amended by chapter 677 of the laws of 1991, is amended to read as follows:

(iii) (A). The scale utilized for development of a hospital's supplementary low income patient adjustment shall be as follows for the period January first, nineteen hundred ninety-one through June thirtieth, nineteen hundred ninety-one:

Low Income Patient Percentage 50+

55% 55+

60% 60+

65% 65+

70% 70+

75% 75+

80% 80+

Supplemental Percentage
Coverage of Need

5%
10%
15%
22. 5%
30%
37. 5%
45%

(B) The scale utilized for development of a hospital's supplementary low income patient adjustment shall be as follows for the period July first, nineteen hundred ninety-one for a public general hospital through December thirty-first, nineteen hundred ninety-three and for a voluntary non-profit or a private proprietary general hospital through September thirtieth, nineteen hundred ninety-two:

Low Income

Supplemental Percentage
Patient Percentage

Coverage of Need
35+
55%

20%
55+
60%

25%
60+
65%

30%
65+
70%

45% EXPLANATION—Matter in italics is new; matter in brackets [ ] is old law (C) The scale utilized for development of a voluntary non-profit or private proprietary general hospital's supplementary low income patient adjustment shall be as follows for the period October first, nineteen hundred ninety-two through March thirty-first, nineteen hundred ninetythree:

37.5% 70+

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Low Income Patient Percentage 35+

50% 50+

55% 55+

60% 60+

65% 65+

70% 70+

Supplemental Percentage
Coverage of Need

10%
20%
25%
30%
37.5%
45%

§ 161. Paragraph (d) of subdivision 14-d of section 2807-c of the public health law, as added by chapter 677 of the laws of 1991, is amended to read as follows:

(d) Notwithstanding any inconsistent provision of law, a voluntary non-profit or proprietary general hospital where the low income patient percentage, as determined in accordance with provisions of this subdivision, is between thirty-five and sixty-five percent shall be charged an assessment which for the period July first, nineteen hundred ninety-one through December thirty-first, nineteen hundred ninety-one shall equal five percent of the general hospital's bad debt and charity care need as determined in accordance with paragraph (b) of subdivision fourteen of this section and for the period January first, nineteen hundred ninetytwo through [December thirty-first, nineteen hundred ninety-two and for the period January first, nineteen hundred ninety-three through December thirty-first], September thirtieth, nineteen hundred [ninety-three) ninety-two shall equal [ten] seven and one-half percent of the general hospital's bad debt and charity care need as determined in accordance with paragraph (b) of subdivision fourteen of this section. Such assessment shall be paid to the commissioner or his designee prior to October first, nineteen hundred ninety-two in accordance with a schedule established by the commissioner. The assessments may be administered in accordance with the provisions of paragraph (c) of subdivision sixteen of this section applicable to bad debt and "charity care regional pools. Payments of the assessments shall be due and arrearages shall be treated in accordance with the provisions of subdivision twenty of this section applicable to bad debt and charity care regional pools. Funds accumulated shall be deposited by the commissioner and credited to the department of social services medical assistance program general fund - local assistance account appropriation.

$ 162. Notwithstanding any inconsistent provision of law, the provisions of sections 2807-d, 3614-a and 3614-b of the public health

law section 367-i of the social services law and sections 43.04 and 43.06 of the mental hygiene law, as amended by this act, shall be effective only in respect to receipts received on or before March 31, 1993.

$ 163. Notwithstanding any law to the contrary, section 54 of this act shall be deemed to have become effective

on

March 31, 1992 and the provisions of sections 2807-d and 3614-a of the public health law, section 367-i of the social services law and section 43. 04 of the mental hygiene law as enacted by hapter 938 of the laws of 1990 and as may be amended by this act shall be deemed to have remained in full force and effect on and after April 1, 1992.

§ 164. Separability clause. If any clause, sentence, paragraph, section or part of this act shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, section, or part thereof directly involved in the controversy in which such judgment shall have been rendered.

§ 165. This act shall take effect immediately, provided that:

(a) sections three, fifty-six, ninety-three, ninety-four, ninety-six, ninety-seven, ninety-eight and one hundred fifty-six through one hundred fifty-nine of this act shall take effect April 1, 1992;

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(b) sections ten, fourteen, fifteen, thirty-seven, forty-eight, fiftyseven and one hundred two of this act shall be deemed to have been full force and effect as of January 1, 1991;

(c) section fifty-eight of this act shall be deemed to have been in full' force and effect as of March 31, 1992;

(d) section sixty-two of this act shall take effect: (i) insofar as it relates to limits on payments for in-patient services provided to home relief recipients, shall take effect May 1, 1992; (ii) insofar as it relates to other limits on services for home relief recipients, shall take effect July 1, 1992; and (iii) in other respects shall také effect upon promulgation of pertinent regulations but in no event later than July 1, 1993 provided that limitations on inpatient nursing homes services shall not apply to persons who are inpatient nursing home residents on the effective date of this act;

(e) sections sixty-three, sixty-eight through seventy-six, seventynine through eighty-two and éighty-nine of this act shall take effect July 1, 1992; If section sixty-six of this act shall take effect September 1 1992;

El section sixty-seven of this act shall take effect May 1, 1992;
In section eighty-four of this act shall take effect October 1, 1992;

section eighty-six of this act shall take effect immediately, but shall apply only to trusts created on or after such date;

(j) section eighty-eight of this act shall take effect January 1, 1993;

(k) section ninety-one of this act shall take effect June 1, 1992;

11 section ninety-two of this act shall apply to determinations of rebate amounts made on and after April 1, 1992;

(m) section one hundred four of this act shall take effect on the first day of the month following thirty days after this act shall have become a law and shall not apply to any arrearages satisfied prior to such date;

(n) section one hundred six of this act shall be deemed to have been in full force and effect as of October 31, 1991;

(o) the commissioner of health is authorized to promulgate on an emergency basis any regulation he or she determines necessary to implement any provision of this act upon its effective date;

(p) the commissioner of social services, is authorized to promulgate on an emergency basis any regulation he or she determines necessary to implement any provision of this act upon its effective date, including those provisions relating to determination of client eligibility by social services districts to meet emergency circumstances or prevent eviction and including regulations changing the periods of ineligibility for home relief pursuant to subdivision 5 of section 131 and subdivision 4 of section 341 of the social services law, provided that

any such emergency, regulation shall be submitted to the legislature upon its promulgation.

(q) the commissioners of health and social services may take any steps necessary to

Cess the provisions hereof shall become effective notwithstanding the failure of the commissioners of health and social services to promulgate regulations implementing this act;

(s) provided, however, that nothing contained herein shall be deemed to affect the application, qualification, expiration or repeal of provision of law amended by any section of this act and such provisions shall be applied or qualified or shall expire or be deemed repealed in the same manner, to the same extent and on the same date as the case may be as otherwise provided by law except provided for in sections fifty-four and one hundred sixty-three of this act;

(t) provided, however, that the provisions of section one, three and fifty-six of this act shall expire and be deemed repealed on and after April 1, 1993;

(u) provided, further, that the provisions of subparagraph (i) of paragraph (a) of subdivision 8 of section 365-a of the social services law, as

added by section sixty-two of this act shall expire and be deemed repealed on and after July 1, 1994; and the provisions of subparagraph (ii) of paragraph (a) of subdivision 8 of section 365-a of the social services law, as added by section sixty-two of this act shall expire and be deemed repealed on and after December 31, 1993; EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law

to be omitted.

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(v) provided still further that the provisions of subdivision 12 of section 367-a of the social services law, as added by section sixtyseven of the this act shall expire and be deemed repealed on and after December 31, 1993;

(w) provided that the provisions of section 367-0 and 367-n of the social services law, as added by sections seventy-eight and seventy-nine of this act, and section eighty, and eighty-one of this act shall expire and be deemed repealed on and after July 1, 1994;

(x), provided further that the provisions of paragraph (a), (b), (d), (e), (f) and (8) of subdivision 6 of section 367-a of the social services law, as added by, and the amendatory language of paragraph Sc) of such subdivision as added by section ninety-one of this act, shall pire and be deemed repealed on and after April 1, 1995 and on such date the provisions of paragraph (c) shall be read set out immediately preceding the effective date of this act;

(y) and provided further that the provisions of subdivision (f) of section 158 of the social services law as added by section

hundred thirty-five of this act shall expire and be deemed repealed on and after July 1, 1994.

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CHAPTER 42

AN ACT to amend the private housing finance law, in relation to loans to

housing development fund companies

Became a law April 7, 1992, with the approval of the Governor.

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

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

Section 1. Section 576-c of the private housing finance law, as added by chapter 790 of the laws of 1987, is amended to read as follows:

§ 576-c. Loans to housing development companies by a municipality. In addition to the powers granted to municipalities pursuant to this arti

municipality, acting by its supervising agency, may make loans for the purposes of acquisition, rehabilitation construction dwelling accommodations to a non-profit housing development fund company, a wholly-owned subsidiary of such company, a partnership, the con trolling interest of which is held by such company and which has agreed to limit prof its or rate of return of investors in accordance with formula established or approved by the company, or a private developer which has agreed to limit profits or rate of return of investors in accordance with a formula established or approved by the company, which agrees to provide housing accommodations exclusively for persons and families of low income referred to it by a municipality who, prior to their initial occupancy in such accommodations, have resided in emergency shelter facilities operated by or on behalf of the municipality or who are otherwise in need of emergency shelter, determined by the municipality, providing, however, that in the case of a building acquired by such a company,

subsidiary, partnership, or developer the obligation to provide housing accommodations for such persons shall be applicable only to dwelling accommodations which are become vacant after the date of acquisition. Such loans may be made for such period of time and pursuant to such terms and conditions as may be required by the municipality, and the supervising agency of such munícipality may provide that the amount of the note and mortgage shall automatically be reduced to zero in five equal decrements commencing on the tenth year after the initial occupancy date, provided that such accommodations have been owned and operated in a manner consistent with an agreement with the municipality contained in such note and mortgage to provide housing for such persons.

§ 2. This act shall take effect immediately.

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