In July 1997, New York State (the “State”) received approval from the Centers for Medicare and Medicaid Services (“CMS”) for its “Partnership Plan” Medicaid Section 1115 Demonstration (the “1115 Demonstration”). In implementing the 1115 Demonstration, the State sought to achieve the following goals:

• Improve access to health care for the Medicaid population;

• Improve the quality of health services delivered;

• Expand access to family planning services; and

• Expand coverage to additional low-income New Yorkers with resources generated through managed care efficiencies.

The primary purpose of the Demonstration was to enroll a majority of the State’s Medicaid population into managed care, and to use a managed care delivery system to deliver benefits to Medicaid recipients, create efficiencies in the Medicaid program and enable the extension of coverage to certain individuals who would otherwise be without health insurance.

The Partnership Plan Demonstration was originally authorized for a five-year period and has been extended several times. The 1115 Demonstration was last renewed by CMS on December 7, 2016 and, at the time of renewal, the name of 1115 Demonstration was changed from the Partnership Plan to the New York Medicaid Redesign Team (“MRT”) Waiver. Since the MRT Waiver’s renewal, this waiver has been amended to reflect programmatic needs. Under the waiver, the State is required to seek Federal approval of any amendments.

The New York State Department of Health (“NYSDOH”) is requesting following amendments as a result of actions approved in the New York State enacted budget for State Fiscal Year 2020-2021, which followed from the recommendations of the Medicaid Redesign Team II (“MRT II”). This provision will further the State’s goals to increase efficiencies across delivery systems and promote optional enrollment in New York’s integrated products for the dual eligible population.

Change in Enrollment Eligibility Criteria for Managed Long Term Care

NYSDOH is seeking to amend the MRT Waiver to add the following enrollment eligibility criteria for Managed Long Term Care (“MLTC”) plans:

• To implement criteria that dual eligible Medicaid beneficiaries individuals in Managed Long Term Care products who require Community-Based Long Term Care Services (“CBLTCS”) for a continuous period of more than 120 days must have performance needs in more than two activities of daily living (“ADL”) of limited assistance or greater (ranging from limited assistance to total dependence); and if a diagnosis of Dementia or Alzheimer’s present, needing at least supervision with more than one ADL as measured by the Community Health Assessment.

• Both components of this request will allow the State to continue its existing delivery system transformation efforts, increase efficiencies across delivery systems, and maintain quality care services for those with long term care needs.

New York will not apply the new MLTC enrollment eligibility criteria to individuals who have been continuously enrolled prior to January 1, 2021.

Voluntary Alignment of Medicare & Medicaid Services

NYSDOH is seeking to allow voluntary enrollment to align Medicare and Medicaid services for the following dual eligible population:

• To allow individuals dually eligible for Medicare and Medicaid services and who do not meet the CLBTCS requirements needed to enroll in an MLTC plan (i.e., “well duals”) who voluntarily enroll in a Medicare D-SNP with an affiliated and qualified Mainstream Medicaid Managed Care (“MMMC”) plan to be voluntarily enrolled in the same MMMC plan through an exemption for this specific dual eligible population.

• If the eligible individual chooses to enroll into a Medicare Advantage product that is not a D-SNP or Medicare fee-for-service, then the individual will be disenrolled from the MMMC plan into Medicaid fee-for-service.

NYSDOH will ensure that all beneficiaries understand how to access their Medicare and Medicaid services under the fee-for-service and managed care delivery systems.

MLTC plans will continue to provide the same services to individuals in need of CBLTCS under the amended enrollment eligibility criteria. The MMMC plan benefit package will similarly not change. Therefore, no changes to budget neutrality per member, per month (PMPM) costs are projected and the state anticipates that the overall savings for the MLTC plan enrollment eligibility amendment will be $4.9M and will impact 4,700 members.

A draft of the proposed amendment is available for review at https://www.health.ny.gov/health_care/medicaid/redesign/mrt2/proposals/index.htm.

Written comments will be accepted at: [email protected] or by mail at: Department of Health, Office of Health Insurance Programs, Waiver Management Unit, 99 Washington Ave., 7th Fl. (Suite 720), Albany, NY 12210

All comments must be postmarked or emailed by 30 days of the date of this notice.

The New York State Department of State (DOS) is required by Federal regulations to provide timely public notice for the activities described below, which are subject to the consistency provisions of the Federal Coastal Zone Management Act (CZMA) of 1972, as amended.

The applicant has certified that the proposed activities comply with and will be conducted in a manner consistent with the federally approved New York State Coastal Management Program (NYSCMP). The applicant's consistency certification and accompanying public information and data are available for inspection at the New York State Department of State offices located at One Commerce Plaza, 99 Washington Avenue, in Albany, New York.

In F-2020-0233 the applicant, Mary Hovey, is proposing to install 120 linear feet of low sill vinyl bulkhead with 8” piles, a 23’ return on west end, an 8’ return at east end, and regrading bank to 1:2 slope, backfilled with 30 cubic yards and rip rap along the bank. This project is located at 4500 Ole Jule Lane, Town of Southold, Suffolk County, James Creek.

The applicant’s consistency certification and supporting information are available for review at: http://www.dos.ny.gov/opd/programs/pdfs/Consistency/F-2020-0233.pdf

The proposed activity would be located within or has the potential to affect the following Special Management or Regulated Area(s):

• Town of Southold Local Waterfront Revitalization Program: https://www.dos.ny.gov/opd/programs/lwrp.html

Any interested parties and/or agencies desiring to express their views concerning any of the above proposed activities may do so by filing their comments, in writing, no later than 4:30 p.m., 30 days from the date of publication of this notice or September 11, 2020.

Comments should be addressed to: Department of State, Office of Planning and Development and Community Infrastructure, Consistency Review Unit, One Commerce Plaza, Suite 1010, 99 Washington Ave., Albany, NY 12231, (518) 474-6000. Electronic submissions can be made by email at: [email protected]

This notice is promulgated in accordance with Title 15, Code of Federal Regulations, Part 930.

The New York State Department of State (DOS) is required by Federal regulations to provide timely public notice for the activities described below, which are subject to the consistency provisions of the Federal Coastal Zone Management Act (CZMA) of 1972, as amended.

The applicant has certified that the proposed activities comply with and will be conducted in a manner consistent with the federally approved New York State Coastal Management Program (NYSCMP). The applicant's consistency certification and accompanying public information and data are available for inspection at the New York State Department of State offices located at One Commerce Plaza, 99 Washington Avenue, in Albany, New York.

In F-2020-0236 the applicant, Maria Ulmet, is proposing to install 119 linear feet of low sill vinyl bulkhead with 8” piles, 8’ returns at each end, and regrading bank to 1:2 slope, backfilled with 30 cubic yards and rip rap along the bank. This project is located at 4600 Ole Jule Lane, Town of Southold, Suffolk County, James Creek.

The applicant’s consistency certification and supporting information are available for review at: http://www.dos.ny.gov/opd/programs/pdfs/Consistency/F-2020-0236.pdf

The proposed activity would be located within or has the potential to affect the following Special Management or Regulated Area(s):

• Town of Southold Local Waterfront Revitalization Program: https://www.dos.ny.gov/opd/programs/lwrp.html

Any interested parties and/or agencies desiring to express their views concerning any of the above proposed activities may do so by filing their comments, in writing, no later than 4:30 p.m., 30 days from the date of publication of this notice or September 11, 2020.

Comments should be addressed to: Department of State, Office of Planning and Development and Community Infrastructure, Consistency Review Unit, One Commerce Plaza, Suite 1010, 99 Washington Ave., Albany, NY 12231, (518) 474-6000. Electronic submissions can be made by email at: [email protected]

This notice is promulgated in accordance with Title 15, Code of Federal Regulations, Part 930.

The New York State Department of State (DOS) is required by Federal regulations to provide timely public notice for the activities described below, which are subject to the consistency provisions of the Federal Coastal Zone Management Act (CZMA) of 1972, as amended.

The applicant has certified that the proposed activities comply with and will be conducted in a manner consistent with the federally approved New York State Coastal Management Program (NYSCMP). The applicant's consistency certification and accompanying public information and data are available for inspection at the New York State Department of State offices located at One Commerce Plaza, 99 Washington Avenue, in Albany, New York.

In F-2020-0246 the applicant, Robert Krudop, is proposing to install 131 linear feet of low sill vinyl bulkhead with 8” piles, 8’ return at south end, and regrading bank to 1:2 slope, backfilled with 50 cubic yards and rip rap along the bank. This project is located at 4650 Ole Jule Lane, Town of Southold, Suffolk County, James Creek.

The applicant’s consistency certification and supporting information are available for review at: http://www.dos.ny.gov/opd/programs/pdfs/Consistency/F-2020-0246.pdf

The proposed activity would be located within or has the potential to affect the following Special Management or Regulated Area(s):

• Town of Southold Local Waterfront Revitalization Program: https://www.dos.ny.gov/opd/programs/lwrp.html

Any interested parties and/or agencies desiring to express their views concerning any of the above proposed activities may do so by filing their comments, in writing, no later than 4:30 p.m., 30 days from the date of publication of this notice or September 11, 2020.

Comments should be addressed to: Department of State, Office of Planning and Development and Community Infrastructure, Consistency Review Unit, One Commerce Plaza, Suite 1010, 99 Washington Ave., Albany, NY 12231, (518) 474-6000. Electronic submissions can be made by email at: [email protected]

This notice is promulgated in accordance with Title 15, Code of Federal Regulations, Part 930.

The New York State Department of State (DOS) is required by Federal regulations to provide timely public notice for the activities described below, which are subject to the consistency provisions of the Federal Coastal Zone Management Act (CZMA) of 1972, as amended.

The applicant has certified that the proposed activities comply with and will be conducted in a manner consistent with the federally approved New York State Coastal Management Program (NYSCMP). The applicant's consistency certification and accompanying public information and data are available for inspection at the New York State Department of State offices located at One Commerce Plaza, 99 Washington Avenue, in Albany, New York.

In F-2020-0477 (DA), The Department of Homeland Security’s Plum Island Animal Disease Center is proposing a 10 year hydraulically dredging permit at Orient Point Harbor to an overdredge depth of 16 ft MLW (-17.63 ft NAVD). Spoils will be placed on Orient Point State Park Beach for beach nourishment. The project is located at 40550 Main Road, Orient, NY 11957 on Orient Harbor.

The applicant’s consistency certification and supporting information are available for review at: http://www.dos.ny.gov/opd/programs/pdfs/Consistency/F-2020-0477(DA)USDHS.pdf

Any interested parties and/or agencies desiring to express their views concerning any of the above proposed activities may do so by filing their comments, in writing, no later than 4:30 p.m., 10 days from the date of publication of this notice or August 22, 2020.

Comments should be addressed to: Department of State, Office of Planning and Development and Community Infrastructure, Consistency Review Unit, One Commerce Plaza, Suite 1010, 99 Washington Ave., Albany, NY 12231, (518) 474-6000. Electronic submissions can be made by email at: [email protected]

This notice is promulgated in accordance with Title 15, Code of Federal Regulations, Part 930.

The New York State Department of State (DOS) is required by Federal regulations to provide timely public notice for the activities described below, which are subject to the consistency provisions of the Federal Coastal Zone Management Act (CZMA) of 1972, as amended.

The applicant has certified that the proposed activities comply with and will be conducted in a manner consistent with the federally approved New York State Coastal Management Program (NYSCMP). The applicant's consistency certification and accompanying public information and data are available for inspection at the New York State Department of State offices located at One Commerce Plaza, 99 Washington Avenue, in Albany, New York.

In F-2020-0477 (DA), The Department of Homeland Security’s Plum Island Animal Disease Center is proposing a 10 year maintenance hydraulically dredging permit on Plum Island Harbor to an over dredge depth of 18 ft below MLW (channel & west harbor) and an over dredge depth of 14 ft MLW (east harbor). Spoils will be placed directly on Pine Point for beach nourishment. The project is located at Plum Island Harbor, Plum Island, Greenport, NY 11944, Suffolk County.

The applicant’s consistency certification and supporting information are available for review at: http://www.dos.ny.gov/opd/programs/pdfs/Consistency/F-2020-0478(DA)USDHS.pdf

Any interested parties and/or agencies desiring to express their views concerning any of the above proposed activities may do so by filing their comments, in writing, no later than 4:30 p.m., 10 days from the date of publication of this notice or August 22, 2020.

Comments should be addressed to: Department of State, Office of Planning and Development and Community Infrastructure, Consistency Review Unit, One Commerce Plaza, Suite 1010, 99 Washington Ave., Albany, NY 12231, (518) 474-6000. Electronic submissions can be made by email at: [email protected]

This notice is promulgated in accordance with Title 15, Code of Federal Regulations, Part 930.

The New York State Department of State (DOS) is required by Federal regulations to provide timely public notice for the activities described below, which are subject to the consistency provisions of the Federal Coastal Zone Management Act of 1972, as amended.

The applicant has certified that the proposed activity complies with and will be conducted in a manner consistent with the approved New York State Coastal Management Program.

In F-2020-0540 or the “East River Esplanade Rehabilitation East 90th to East 94th Street”, the applicant New York City Department of Parks and Recreation, is proposing to repair East River Esplanade through structural encasement of deteriorated piles, epoxy encapsulation of the remaining piles, mass encasements of the inshore piles that are inaccessible, expansion joints repairs, replacement of severe timber pile caps, removal of severe timber line and replacement with recycled plastic lumber; in-kind granite fascia panel replacement and reinforced concrete seawall spall repairs.. The project is located at East 90th Street to East 94th Street, Manhattan, New York County, East River

The applicant’s consistency certification and supporting information are available for review at: http://www.dos.ny.gov/opd/programs/pdfs/Consistency/F-2020-0540_ERE_90thSt_App.pdf

Original copies of public information and data submitted by the applicant are available for inspection at the New York State Department of State offices located at One Commerce Plaza, 99 Washington Avenue, in Albany, New York.

Any interested parties and/or agencies desiring to express their views concerning any of the above proposed activities may do so by filing their comments, in writing, no later than 4:30 p.m., 30 days from the date of publication of this notice, or September 11, 2020.

Comments should be addressed to: Consistency Review Unit, Department of State, Office of Planning, Development & Community Infrastructure, One Commerce Plaza, 99 Washington Ave., Albany, NY 12231, (518) 474-6000, Fax (518) 473-2464. Electronic submissions can be made by email at: [email protected]

This notice is promulgated in accordance with Title 15, Code of Federal Regulations, Part 930.

The New York State Department of State (DOS) is required by Federal regulations to provide timely public notice for the activities described below, which are subject to the consistency provisions of the Federal Coastal Zone Management Act of 1972, as amended.

The applicant has certified that the proposed activity complies with and will be conducted in a manner consistent with the approved New York State Coastal Management Program.

In F-2020-0541 or the “East River Esplanade Rehabilitation East 62nd to East 64th Street”, the applicant New York City Department of Parks and Recreation, is proposing to repair East River Esplanade through replacement and rehabilitation of low-level platforms, structural pile and epoxy jacket encasements, mass encasements, a platform, the removal of severe timber line caps and replacement with recycled plastic lumber; in-kind granite fascia panel replacement and reinforced concrete seawall spall repairs. The project is located at East 62nd Street to East 64th Street, Manhattan, New York County, East River.

The applicant’s consistency certification and supporting information are available for review at: http://www.dos.ny.gov/opd/programs/pdfs/Consistency/F-2020-0541_ERE_62ndSt_App.pdf

Original copies of public information and data submitted by the applicant are available for inspection at the New York State Department of State offices located at One Commerce Plaza, 99 Washington Avenue, in Albany, New York.

Any interested parties and/or agencies desiring to express their views concerning any of the above proposed activities may do so by filing their comments, in writing, no later than 4:30 p.m., 30 days from the date of publication of this notice, or September 11, 2020.

Comments should be addressed to: Consistency Review Unit, Department of State, Office of Planning, Development & Community Infrastructure, One Commerce Plaza, 99 Washington Ave., Albany, NY 12231, (518) 474-6000, Fax (518) 473-2464. Electronic submissions can be made by email at: [email protected]

This notice is promulgated in accordance with Title 15, Code of Federal Regulations, Part 930.

The New York State Department of State (DOS) is required by Federal regulations to provide timely public notice for the activities described below, which are subject to the consistency provisions of the Federal Coastal Zone Management Act of 1972, as amended.

The applicant has certified that the proposed activity complies with and will be conducted in a manner consistent with the approved New York State Coastal Management Program.

In F-2020-0542 or the “East River Esplanade Rehabilitation East 114th to East 117th Street”, the applicant New York City Department of Parks and Recreation, is proposing to repair East River Esplanade through reconstruction and rehabilitation of low-level platforms, structural pile and epoxy jacket encasements, mass encasements beneath a platform, and bulkhead repairs. Please refer to the project narrative for additional information. The project is located at East 114th Street to East 117th Street, Manhattan, New York County, East River.

The applicant’s consistency certification and supporting information are available for review at: http://www.dos.ny.gov/opd/programs/pdfs/Consistency/F-2020-0542_ERE_114thSt_App.pdf

Original copies of public information and data submitted by the applicant are available for inspection at the New York State Department of State offices located at One Commerce Plaza, 99 Washington Avenue, in Albany, New York.

Any interested parties and/or agencies desiring to express their views concerning any of the above proposed activities may do so by filing their comments, in writing, no later than 4:30 p.m., 30 days from the date of publication of this notice, or September 11, 2020.

Comments should be addressed to: Consistency Review Unit, Department of State, Office of Planning, Development & Community Infrastructure, One Commerce Plaza, 99 Washington Ave., Albany, NY 12231, (518) 474-6000, Fax (518) 473-2464. Electronic submissions can be made by email at: [email protected]

This notice is promulgated in accordance with Title 15, Code of Federal Regulations, Part 930.

The New York State Department of State (DOS) is required by Federal regulations to provide timely public notice for the activities described below, which are subject to the consistency provisions of the Federal Coastal Zone Management Act (CZMA) of 1972, as amended.

The applicant has certified that the proposed activities comply with and will be conducted in a manner consistent with the federally approved New York State Coastal Management Program (NYSCMP). The applicant's consistency certification and accompanying public information and data are available for inspection at the New York State Department of State offices located at One Commerce Plaza, 99 Washington Avenue, in Albany, New York.

In F-2020-0572 (DA), The Environmental Protection Agency and Department of Defense proposed performance standards for the 11 Uniform National Discharge Standards. The U.S. Environmental Protection Agency (EPA) and the U.S. Department of Defense (DoD) are promulgating discharge performance standards for 11 discharges incidental to the normal operation of a vessel of the Armed Forces in the navigable waters of the United States, the territorial seas, and the contiguous zone. When implemented, the discharge performance standards will reduce the adverse environmental impacts associated with the vessel discharges, stimulate the development of improved vessel pollution control devices, and advance the development of environmentally sound vessels of the Armed Forces. The Proposed Rule 40 CFR Part 1700 was published in July 2020 and can be found at: https://www.govinfo.gov/content/pkg/FR-2020-07-17/pdf/2020-12571.pdf

Any interested parties and/or agencies desiring to express their views concerning any of the above proposed activities may do so by filing their comments, in writing, no later than 4:30 p.m., 15 days from the date of publication of this notice or August 27, 2020.

Comments should be addressed to: Department of State, Office of Planning and Development and Community Infrastructure, Consistency Review Unit, One Commerce Plaza, Suite 1010, 99 Washington Ave., Albany, NY 12231, (518) 474-6000. Electronic submissions can be made by email at: [email protected]

This notice is promulgated in accordance with Title 15, Code of Federal Regulations, Part 930.

The New York State Department of State (DOS) is required by Federal regulations to provide timely public notice for the activities described below, which are subject to the consistency provisions of the Federal Coastal Zone Management Act of 1972, as amended.

The applicant has certified that the proposed activity complies with and will be conducted in a manner consistent with the approved New York State Coastal Management Program.

In F-2020-0585 or the “JFK Airport Waterside Transloading Facility”, the applicant KTEX, LLC, is proposing to construct a waterside transloading facility consisting of a series of roll on/roll off platforms of floating barges along the east shore of Bergen Basin. These platform barges will be installed by use of spuds in approximately 10-15 feet of water at Mean Lower Low Water. Hopper barges for materials import and export will be brought to and from the site by tugboats. The project is located at JFK Airport, Queens County, Bergen Basin.

The applicant’s consistency certification and supporting information are available for review at: http://www.dos.ny.gov/opd/programs/pdfs/Consistency/F-2020-0585_JFK_wtrsd_trnsldg_app.pdf

Original copies of public information and data submitted by the applicant are available for inspection at the New York State Department of State offices located at One Commerce Plaza, 99 Washington Avenue, in Albany, New York.

Any interested parties and/or agencies desiring to express their views concerning any of the above proposed activities may do so by filing their comments, in writing, no later than 4:30 p.m., 30 days from the date of publication of this notice, or September 11, 2020.

Comments should be addressed to: Consistency Review Unit, Department of State, Office of Planning, Development & Community Infrastructure, One Commerce Plaza, 99 Washington Ave., Albany, NY 12231, (518) 474-6000, Fax (518) 473-2464. Electronic submissions can be made by email at: [email protected]

This notice is promulgated in accordance with Title 15, Code of Federal Regulations, Part 930.

Pursuant to 19 NYCRR Part 1205, the variance and appeal petitions below have been received by the Department of State. Unless otherwise indicated, they involve requests for relief from provisions of the New York State Uniform Fire Prevention and Building Code. Persons wishing to review any petitions, provide comments, or receive actual notices of any subsequent proceeding may contact Brian Tollisen or Neil Collier, Building Standards and Codes, Department of State, One Commerce Plaza, 99 Washington Ave., Albany, NY 12231, (518) 474-4073 to make appropriate arrangements.

2020-0331 Matter of David Nava, 565 Kell Place, Seaford, NY 11783, for a variance concerning safety requirements, including the height under a girder. Involved is an existing one family dwelling located at 565 Kell Place, Seaford, Town of Hempstead, NY 11783, County of Nassau, State of New York.