3/27/13 N.Y. St. Reg. Miscellaneous Notices/Hearings

NY-ADR

3/27/13 N.Y. St. Reg. Miscellaneous Notices/Hearings
NEW YORK STATE REGISTER
VOLUME XXXV, ISSUE 13
March 27, 2013
MISCELLANEOUS NOTICES/HEARINGS
 
Notice of Abandoned Property Received by the State Comptroller
Pursuant to provisions of the Abandoned Property Law and related laws, the Office of the State Comptroller receives unclaimed monies and other property deemed abandoned. A list of the names and last known addresses of the entitled owners of this abandoned property is maintained by the office in accordance with Section 1401 of the Abandoned Property Law. Interested parties may inquire if they appear on the Abandoned Property Listing by contacting the Office of Unclaimed Funds, Monday through Friday from 8:00 a.m. to 4:30 p.m., at:
1-800-221-9311 or visit our web site at: www.osc.state.ny.us
Claims for abandoned property must be filed with the New York State Comptroller's Office of Unclaimed Funds as provided in Section 1406 of the Abandoned Property Law. For further information contact: Office of the State Comptroller, Office of Unclaimed Funds, 110 State St., Albany, NY 12236.
PUBLIC NOTICE
Office of General Services
Pursuant to Section 30-a of the Public Lands Law, the Office of General Services hereby gives notice to the following:
Notice is hereby given that the Office of Children and Family Services has declared 96 East 43rd Street in the Borough of Brooklyn, County of Kings, City of New York, New York State, improved with a two-story building, with tax identifier Block 4863, Lot 27, surplus, no longer useful or necessary for State program purposes, and has abandoned the property to the Commissioner of General Services for sale or other disposition as Unappropriated State Land.
For further information, please contact: Thomas Pohl, Office of General Services, Legal Services, 41st Fl., Corning Tower, Empire State Plaza, Albany, NY 12242, (518) 474-8831 phone, (518) 473-4973 fax
PUBLIC NOTICE
Office of General Services
Pursuant to Section 30-a of the Public Lands Law, the Office of General Services hereby gives notice to the following:
Notice is hereby given that the Office of Children and Family Services has declared 272 Jefferson Avenue in the Borough of Brooklyn, County of Kings, City of New York, New York State, improved with a three-story building, with tax identifier Block 1834, Lot 1, surplus, no longer useful or necessary for State program purposes, and has abandoned the property to the Commissioner of General Services for sale or other disposition as Unappropriated State Land.
For further information, please contact: Thomas Pohl, Office of General Services, Legal Services, 41st Fl., Corning Tower, Empire State Plaza, Albany, NY 12242, (518) 474-8831 phone, (518) 473-4973 fax
PUBLIC NOTICE
Office of General Services
Pursuant to Section 30-a of the Public Lands Law, the Office of General Services hereby gives notice to the following:
Notice is hereby given that the Office of Children and Family Services has declared 211 Holden Boulevard in the Borough of Richmond, City of New York, New York State, improved with a two-story building, with tax identifier Block 767, Lot 1, surplus, no longer useful or necessary for State program purposes, and has abandoned the property to the Commissioner of General Services for sale or other disposition as Unappropriated State Land.
For further information, please contact: Thomas Pohl, Office of General Services, Legal Services, 41st Fl., Corning Tower, Empire State Plaza, Albany, NY 12242, (518) 474-8831 phone, (518) 473-4973 fax
PUBLIC NOTICE
Office of General Services
Pursuant to Section 30-a of the Public Lands Law, the Office of General Services hereby gives notice to the following:
Notice is hereby given that the Office of Children and Family Services has declared 3119 Wilder Avenue in the Borough and County of Bronx, City of New York, New York State, improved with a two-story building, with tax identifier Block 4956, Lot 55, surplus, no longer useful or necessary for State program purposes, and has abandoned the property to the Commissioner of General Services for sale or other disposition as Unappropriated State Land.
For further information, please contact: Thomas Pohl, Office of General Services, Legal Services, 41st Fl., Corning Tower, Empire State Plaza, Albany, NY 12242, (518) 474-8831 phone, (518) 473-4973 fax
PUBLIC NOTICE
Office of General Services
Pursuant to Section 30-a of the Public Lands Law, the Office of General Services hereby gives notice to the following:
Notice is hereby given that the Office of General Services has declared 124-128 East 112th Street in the Borough of Manhattan, New York State, improved with a six-story building, with tax identifier Block 1639, Lot 62, surplus, no longer useful or necessary for State program purposes, and has abandoned the property to the Commissioner of General Services for sale or other disposition as Unappropriated State Land.
For further information, please contact: Thomas Pohl, Office of General Services, Legal Services, 41st Fl., Corning Tower, Empire State Plaza, Albany, NY 12242, (518) 474-8831 phone, (518) 473-4973 fax
PUBLIC NOTICE
Office of General Services
Pursuant to Section 30-a of the Public Lands Law, the Office of General Services hereby gives notice to the following:
Notice is hereby given that the Office for People with Developmental Disabilities has declared 123 Church Street in the Village of Margaretville, Town of Middletown, County of Delaware, New York State, improved with a two-story building, with tax identifier Section 306.7, Block 4, Lot 5, surplus, no longer useful or necessary for State program purposes, and has abandoned the property to the Commissioner of General Services for sale or other disposition as Unappropriated State Land.
For further information, please contact: Thomas Pohl, Office of General Services, Legal Services, 41st Fl., Corning Tower, Empire State Plaza, Albany, NY 12242, (518) 474-8831 phone, (518) 473-4973 fax
PUBLIC NOTICE
Office of General Services
Pursuant to Section 30-a of the Public Lands Law, the Office of General Services hereby gives notice to the following:
Notice is hereby given that the Office for People with Developmental Disabilities has declared 364 West 119th Street in the Borough of Manhattan, New York State, improved with a five-story building, with tax identifier Block 1945, Lot 60, surplus, no longer useful or necessary for State program purposes, and has abandoned the property to the Commissioner of General Services for sale or other disposition as Unappropriated State Land.
For further information, please contact: Thomas Pohl, Office of General Services, Legal Services, 41st Fl., Corning Tower, Empire State Plaza, Albany, NY 12242, (518) 474-8831 phone, (518) 473-4973 fax
PUBLIC NOTICE
Office of the Governor
The following notice was originally published in the March 6, 2013 issue of the State Register. The letter “p” was inadvertently dropped from the contact email at the end of the notice. The notice is being republished in its entirety with the correct contact email.
Pursuant to 42 U.S.C. § 15043 and 29 U.S.C. § 732, the Office of Governor Andrew M. Cuomo hereby gives notice of the following:
PUBLIC NOTICE OF INTENT TO REDESIGNATE
THE NEW YORK PROTECTION AND ADVOCACY SYSTEM AND CLIENT ASSISTANCE PROGRAM FOR PEOPLE WITH DISABILITIES
Federal law requires that a state or territory that establishes programs under the Developmental Disabilities Act (DD Act) must have in place a system to protect and advocate for the civil, human, and legal rights of people with disabilities, 42 U.S.C. § 15041 et. seq. (P&A).Similarly, the Rehabilitation Act of 1973 mandates that a state must establish a client assistance program to assist individuals who apply for or receive vocational rehabilitation or independent living services under the act, 29 U.S.C. § 732 (CAP).
The designation may be removed (re-designated) only for good cause. Within 30 days after the redesignation becomes effective, the Governor must submit an assurance that the newly designated Protection and Advocacy agency meets the requirements of the statute and the regulations.
The Commission on Quality of Care and Advocacy for Persons with Disabilities (“CQCAPD”), a state agency established under Article 45 of the Mental Hygiene Law, is designated as both the protection and advocacy system and client assistance program. CQCAPD is located at 401 State Street, Schenectady, New York 12305.
As the P&A system, CQCAPD provides advocacy to residents of New York State who have a physical or mental condition that substantially limits at least one major life activity and who fall within the agency's priorities and case selection criteria as determined through the priority setting process each year. CQCAPD serves individuals with a wide range of disabilities – including, but not limited to, those with cognitive, mental, sensory, and physical disabilities – by protecting against abuse and neglect; advocating for civil rights; and ensuring accountability in access to and the delivery of services to persons with disabilities in health care, education, employment, housing and transportation, and within the juvenile and criminal justice systems. CQCAPD maintains a presence in facilities that provide care for and services to people with disabilities, where they monitor, investigate and attempt to remedy adverse conditions.
As the CAP, CQCAPD provides advocacy to people who are applying for or receiving vocational rehabilitation services or services from an independent living center, as well as providing information on rights under Title I of the Americans with Disabilities Act.
In addition to the Protection and Advocacy for Persons with Developmental Disabilities (PADD) program and the CAP, CQCAPD operates federally-funded P&A programs under the Protection and Advocacy for Individuals with Mental Illness Act, 42 U.S.C. § 10801 (PAIMI); the Rehabilitation Act of 1973, 29 U.S.C. § 794e (PAIR); the Ticket to Work Act for beneficiaries of Social Security disability, 42 U.S.C. § 1320b-21 (PABSS); the Assistive Technology Act of 1998, 29 U.S.C. § 3004 (PAAT); the Help America Vote Act of 2002, 42 U.S.C. § 15461 (PAVA); and the Traumatic Brain Injury Act of 2008, 42 U.S.C. § 300d-53 (PATBI).
The goals of the P&A system and CAP were developed in collaboration with people with disabilities and other interested parties. They include advocacy in six broad areas:
• Protection from abuse, harm and neglect
• Protection of the educational rights of children and adults by ensuring the provision of disability related services and vocational rehabilitation, consistent with state and federal laws
• Effective life transitions and supports that promote community inclusion and prevent institutionalization
• Full range of services for community integration and access to quality, inclusive community living choices, integrated and competitive employment and adult education, voting, access to assistive technology and public and private health care and health care insurance; and
• Provision of information, referrals, outreach and education that promote individual rights, remedies, policy development and systems change
More detailed information can be found at http://cqc.ny.gov/advocacy/protection-advocacy-programs.
The Governor has determined that it is in the interest of New Yorkers with disabilities to redesignate the P&A and CAP. This designation is consistent with the provisions of the Protection of People with Special Needs Act (Ch. 501, 2012), which requires the Governor to designate an independent public or private agency to conduct and coordinate the P&A/CAP.
The Governor intends to designate a not-for-profit corporation, Disability Advocates, Inc. (DAI), as the P&A and CAP, effective June 1, 2013. DAI has been properly established as a not-for-profit corporation under the laws of this state, has obtained the approval of the federal Internal Revenue Service to operate as a tax exempt charity under section 501(c)(3) of the Internal Revenue Code, and is registered as a charitable corporation with the Office of the Attorney General of the State of New York.
Redesignation:
• supports a more coordinated and consistent statewide P&A/CAP system;
• enhances protection and advocacy for persons with disabilities and their families;
• eliminates any perceived conflict of interest associated with the current placement of the P&A and CAP in state government;
• allows the P&A and CAP to be more flexible with current resources and to explore financial resources for which those programs do not qualify;
• allows the P&A and CAP greater independence in personnel and other administrative matters, and facilitates compliance with federal requirements in these areas; and
• is consistent with the provisions of the Protection of People with Special Needs Act.
DAI will do business as Disability Rights New York (DRNY) andwill operate all of the P&A/CAP programs authorized under federal law. DRNY will continue to serve existing clients and cases of the current P&A system or refer them to other sources of legal advocacy as appropriate, without disruption.
The Governor has, simultaneously with this public notice, provided notice to CQCAPD as the existing P&A and CAP; the State Rehabilitation Advisory Council; and the State Independent Living Council. Interested persons may wish to write to CQCAPD to obtain a copy of its response to that notice. Such requests should be sent to the address above.
Public comment on this redesignation will be accepted until April 5, 2013. Comments should be sent to the following:
Protection and Advocacy Redesignation The Capitol Albany, NY 12224 Email: [email protected]
A public hearing on the proposed redesignation will be held on April 9, 2013, at 1:00 p.m., Empire State Plaza, Meeting Rooms 3 and 4, Albany, New York.
For further information, contact: Protection and Advocacy Redesignation, The Capitol, Albany, New York 12224, Email: [email protected]
PUBLIC NOTICE
Department of Health
The New York State Department of Health (DOH) is required by the provisions of the federal Beaches Environmental Assessment and Coastal Health (BEACH) Act to provide for public review and comment on the Department’s beach monitoring and notification plan. The BEACH Act (Section 406(b) of the Clean Water Act) enacted a federal Environmental Protection Agency grant program available to states, such as New York, with coastal recreational waters. Coastal recreational waters include the Great Lakes and marine coastal waters that are designated for swimming, bathing, surfing, or similar water contact activities. The Act is not applicable to inland waters or waters upstream of the mouth of a river or stream having an unimpaired natural connection with the open sea.
The beach monitoring and public notification plan also includes information on the beach evaluation and classification process, including a list of waters to be monitored and beach ranking. Also included in this plan, is the sampling design and monitoring plan, including sampling location and sampling frequency. Lastly, the plan contains information on procedures for public notification and risk communication, including methods to notify the public of a swimming advisory or beach closure.
Any interested parties and/or agencies desiring to review and/or comment on the beach monitoring and notification plan for coastal recreational waters may do so by writing to: Timothy M. Shay, Section Chief, Department of Health, Center for Environmental Health, Bureau of Community Environmental Health and Food Protection, Empire State Plaza, Corning Tower Bldg., Rm. 1395, Albany, NY 12237, Fax (518) 402-7600
PUBLIC NOTICE
Department of Health
Pursuant to 42 CFR Section 447.205, the Department of Health hereby gives public notice of the following:
The Department of Health proposes to amend the Title XIX (Medicaid) State Plan for inpatient, long term care, and non-institutional services and prescription drugs to comply with recently proposed statutory provisions. The following significant changes and clarifications are proposed:
All Services
• Effective on and after April 1, 2013, no annual trend factor will be applied pursuant to the provisions of Public Health Law § 2807-c(10)(c) to rates of payment for hospital inpatient services, residential health care facility inpatient services, adult day health care outpatient services, hospital outpatient services and diagnostic and treatment care services, certified home health agencies, personal care services, adult day health care services provided to patients diagnosed with AIDS, personal care services provided in those local social services districts, including New York City, whose rates of payment for services is established by such social services districts pursuant to a rate-setting exemption granted by the Department, assisted living program services and hospice services. This includes the elimination of the trend factor effective for Medicaid rate periods April 1, 2013, and thereafter.
The annual decrease in gross Medicaid expenditures for state fiscal year 2013/14 is $436.4 million.
• Continues, effective for dates of service April 1, 2013, through March 31, 2015, all non-exempt Medicaid payments as referenced below will be uniformly reduced by two percent.
The annual decrease in gross Medicaid expenditures for state fiscal year 2013/14 is $714 million.
• The amount appropriated for Essential Community Provider Network and Vital Access Provider initiatives will be increased to $182 million in state fiscal year 2013/14 and subsequently decreased to $153 million in state fiscal year 2014/15. Included in this initiative is a $30 million reallocation of nursing home financially disadvantaged funding to the vital access provider initiative.
The annual increase in gross Medicaid expenditures for state fiscal year 2013/14 is $52 million.
• Consistent with Section 1202 of the Affordable Care Act, certain primary care providers (e.g., physicians, physician’s assistants and nurse practitioners) will be reimbursed at the Medicare rate for Medicaid primary care services furnished in calendar years 2013 and 2014 in institutional and non-institutional settings, including nursing homes. This provision applies to evaluation and management (E&M) and vaccine administration services when delivered by a physician with a specialty designation of family medicine, general internal medicine, or pediatric medicine. The purpose of this provision is to encourage more physicians to participate in Medicaid, and thereby promote access to primary care services for current and new Medicaid beneficiaries to be served via coverage expansion in 2014.
It is estimated that the impact to the provider community will be a gross annual increase in state fiscal year 2013/14 of $227.9 million. This includes the State eliminating the physician’s portion of the two percent reduction that was enacted as part of the 2011-2012 State Fiscal Year consistent with the Federal Regulation.
Institutional Services
• For the state fiscal year beginning April 1, 2013 through March 31, 2014, continues specialty hospital adjustments for hospital inpatient services provided on and after April 1, 2013, to public general hospitals, other than those operated by the State of New York or the State University of New York, located in a city with a population of over one million and receiving reimbursement of up to $1.08 billion annually. Payments to eligible public general hospitals may be added to rates of payment or made as aggregate payments.
• For state fiscal years beginning April 1, 2013 through March 31, 2016, additional medical assistance payments for inpatient hospital services may be made to public general hospitals operated by the State of New York or the State University of New York, or by a county which shall not include a city with a population over one million, and those public general hospitals located in the counties of Westchester, Erie, or Nassau, up to one hundred percent (100%) of each such public hospital’s medical assistance and uninsured patient losses after all other medical assistance, including disproportionate share payments to such general hospitals. Payments may be added to rates of payment or made as aggregate payments. Payments will be based initially on reported reconciled data from the base year two years prior to the payment year adjusted for authorized Medicaid rate changes and further reconciled to actual reported data from such payment year.
• Extends current provisions for services April 1, 2013 through March 31, 2015, the reimbursable operating cost component for general hospital inpatient rates will be established with the 2006 final trend factor equal to the final Consumer Price Index (CPI) for all urban consumers less 0.25%.
• Continues, effective April 1, 2013 through March 31, 2015, budgeted capital inpatient costs of a general hospital applicable to the rate year shall be decreased to reflect the percentage amount by which the budgeted costs for capital related inpatient costs of the hospital for the base year two years prior to the rate year exceeded actual costs.
The annual decrease in gross Medicaid expenditures attributable to these initiatives for state fiscal year 2013/14 is $114.5 million.
• Effective April 1, 2013, rates of payments for general hospitals certified by the Office of Alcoholism and Substance Abuse Services who provide inpatient detoxification and withdrawal services and, for inpatient services provided for patients discharged on and after December 1, 2008, and who are determined to be in diagnosis-related groups as identified and published on the New York State Department of Health website will be made on a per diem basis. Such payments will be made in accordance with existing methodology previously noticed on June 10, 2009.
• The base period reported costs and statistics used for case based rate-setting operating cost components, including the weights assigned to diagnostic related groups, will be updated no less frequently than every four years and the new base period will be no more than four years prior to the first applicable rate period that utilizes such new base period provided, however, that the first updated base period shall begin on January 1, 2014.
• Effective January 1, 2014, the payment rates for hospital DRG exempt services may be adjusted periodically to reflect a more current cost and statistical base year including adjustments deemed necessary by the Commissioner.
• Effective January 1, 2014, hospital inpatient payment rates may be adjusted to include changes to the base year statistics and costs used to determine the direct and indirect graduate medical education components of the rates as a result of new teaching programs at new teaching hospitals and/or as a result of residents displace and transferred as a result of a teaching hospital closure.
• Continues, effective January 1, 2014, the current methodology established to incorporate quality related measures, including, but not limited to potentially preventable re-admissions (PPRs) and provide for rate adjustments or payment disallowances related to PPRs and other potentially preventable negative outcomes (PPNOs), shall be calculated in accordance with the existing methodology.
- Such methodology will be based on a risk adjusted comparison of the actual and the expected number of PPRs and other PPNOs in a given hospital and with benchmarks established by the Commissioner.
- Such rate adjustments or payment disallowances will result in an aggregate reduction in Medicaid payments of no less than $51 million for the period April 1, 2013 through March 31, 2014.
- Such aggregate reductions shall be offset by Medicaid payment reductions occurring as a result of decreased PPRs during the period April 1, 2013 through March 31, 2014 and as a result of decreased PPNOs during the period April 1, 2013 through March 31, 2014. Such rate adjustments or payment disallowances will not apply to behavioral health PPRs or to readmissions that occur on or after 15 days following an initial admission.
Long Term Care Services
• Continues, effective for periods April 1, 2013 through March 31, 2015, the total reimbursable state assessment on each residential health care facility’s gross receipts received from all patient care services and other operating income on a cash basis for inpatient or health-related services, including adult day service, but excluding gross receipts attributable to payments received pursuant to Title XVIII of the federal Social Security Act (Medicare), at six percent. The extent to which a facility is reimbursed for the additional cost of the assessment is dependent upon Medicaid volume of services.
The annual increase in gross Medicaid expenditures attributable to these initiatives for state fiscal year 2013/14 is $420 million.
• Continues, effective April 1, 2013 through March 31, 2015, the provision that rates of payment for RHCFs shall not reflect trend factor projections or adjustments for the period April 1, 1996 through March 31, 1997.
• Extends current provisions to services April 1, 2013 through March 31, 2015, the reimbursable operating cost component for RHCFs rates will be established with the final 2006 trend factor equal to the final Consumer Price Index (CPI) for all urban consumers less 0.25%.
Continues, effective April 1, 2013 through March 31, 2015, long-term care Medicare maximization initiatives.
The annual decrease in gross Medicaid expenditures attributable to these initiatives for state fiscal year 2013/14 is $117 million.
• Extends the provision, cost reports submitted by facilities for the 2002 calendar year or any subsequent year used to determine the operating component of the 2009 rate will be subject to audit through December 31, 2018. Facilities will therefore retain all fiscal and statistical records relevant to such cost reports. Any audit of the 2002 cost report, which is commenced on or before December 31, 2018, may be completed subsequent to that date and used for adjusting the Medicaid rates that are based on such costs.
• For state fiscal years beginning April 1, 2013, continues additional payments to non-state government operated public residential health care facilities, including public residential health care facilities located in Nassau, Westchester, and Erie counties, but excluding public residential health care facilities operated by a town or city within a county, in aggregate amounts of up to $300 million. The amount allocated to each eligible public RHCF will be in accordance with the previously approved methodology, provided, however that, in consultation with impacted providers, of the funds allocated for distribution in state fiscal year beginning April 1, 2013, up to $32 million may be allocated proportionally to those public residential health care facilities which were subject to retroactive reductions in payments made for state fiscal year periods beginning April 1, 2006. Payments to eligible RHCF’s may be added to rates of payment or made as aggregate payments.
Non-institutional Services
• For state fiscal year beginning April 1, 2013 through March 31, 2014, continues hospital outpatient payment adjustments that increase the operating cost components of rates of payment for hospital outpatient and emergency departments for public general hospitals other than those operated by the State of new York or the State University of New York, which are located in a city with a population of over one million. The eligibility criteria remain unchanged. The amount to be paid will be up to $287 million. Payments to eligible public general hospitals may be added to rates of payment or made as aggregate payments.
• Continues, effective April 1, 2013 through March 31, 2015, the provision that rates of payment for adult day health services shall not reflect trend factor projections or adjustments for the period April 1, 1996 through March 31, 1997.
• Extends current provisions to services April 1, 2013 through March 31, 2015, the reimbursable operating cost component for general hospital outpatient rates and adult day health care services provided by RHCFs rates will be established with the final 2006 trend factor equal to the final consumer price index (CPI) for all urban consumers less 0.25%.
• Extends current provisions for certified home health agency administrative and general cost reimbursement limits for the periods April 1, 2013 through March 31, 2015.
• Continues, effective April 1, 2013 through March 31, 2015, home health care Medicare maximization initiatives.
The annual decrease in gross Medicaid expenditures attributable to these initiatives for state fiscal year 2013/14 is $17.8 million.
• The current authority to adjust Medicaid rates of payment for services provided by certified home health agencies (CHHAs) for such services provided to children under 18 years of age and for services provided to a special needs population of medically complex and fragile children, adolescents and young disabled adults by a CHHA, AIDS home care programs, and hospice programs for purposes of supporting recruitment and retention of non-supervisory health care workers or any worker with direct patient care responsibility has been extended for the period April 1, 2013 through March 31, 2014. Payments shall not exceed in the aggregate, $100 million for such period, and shall be calculated in accordance with the previously approved methodology.
• Continues, for periods April 1, 2013 through March 31, 2016, the current provisions of the Statewide Health Care Home Program.
• Continues, effective for state fiscal year periods on and after April 1, 2013, the reduction of $25 million to the APG investment for general hospital outpatient services, general hospital emergency services and ambulatory surgical services.
• Effective April 1, 2013, individual psychotherapy services provided by licensed social workers to persons under the age of 21 and to persons requiring such services as a result of or related to pregnancy or giving birth, pursuant to federal approval, shall be reimbursed, provided, however, the Commissioner of Health is authorized to establish criteria for such services in accordance with federal law or regulation.
The annual increase in gross Medicaid expenditures for state fiscal year 2013/14 is $2.5 million.
• Effective April 1, 2013, real property capital construction costs will only be included in rates of payment for assisted living programs (ALPs) if: the facility houses exclusively ALP beds or the facility is operated by a not-for-profit corporation; the facility commenced operation after 1998 and at least 95% of the certified approved beds are provided to residents who are subject to the ALP; and the ALP is in a county with a population of no less than 280,000 persons.
The methodology used to calculate the rate for such capital construction costs shall be the same methodology used to calculate the capital construction costs at residential health care facilities for such costs, provided that the Commissioner may adopt rules and regulations which establish a cap on real property capital construction costs for those facilities that house exclusively ALP beds.
The Commissioner of Health is authorized to add up to 4,500 ALP beds to the gross number of ALP beds having been determined to be available as of April 1, 2012. Applicants eligible to submit an application shall be limited to adult homes established with, as of September 1, 2012, a certified capacity of 80 beds or more in which 25% or more of the resident population are persons with serious mental illness as defined in regulations promulgated the the Commissioner.
• Effective April 1, 2013, streamline and improve the cost-effectiveness of the Early Intervention Program (EIP) eligibility determination process by (1) requiring children referred with no qualifying diagnosis to be screened to determine whether a delay or disability is suspected; (2) using medical and other records to document eligibility for children referred with a qualifying diagnosis (e.g. Down syndrome, hearing loss); and (3) conducting partial evaluations for children previously referred to the EIP, evaluated, and found ineligible who are re-referred after 3 months and within six months of that determination (re-referrals prior to 3 months will not be accepted) with a concern in only one area of development, and new concerns in the child’s developmental/medical status.
The annual decrease in gross Medicaid expenditures for state fiscal year 2013/14 is $960,000.
Prescription Drugs
• Effective July 1, 2013, for sole or multi-source brand name drugs the Estimated Acquisition Cost (EAC) is defined as Average Wholesale Price (AWP) minus seventeen and six-tenths (17.6) percent and the Average Acquisition Cost (AAC) with an appropriate dispensing fee(s) will be incorporated into the prescription drug reimbursement methodology.
The annual decrease in gross Medicaid expenditures for state fiscal year 2013/14 is $3.6 million.
• Effective April 1, 2013, the Department of Health will move to average actual acquisition cost (AAC) as the primary basis for reimbursement of prescription drugs submitted for payment to the medical assistance program. In the event AAC cannot be established for a particular drug, the Department will revert to the existing lower of methodology. Use of AAC allows the State to set reimbursement rates based on an actual acquisition cost (invoice data) and an appropriate dispensing fee.
• Effective October 1, 2013, the minimum supplemental rebate initiative would require manufacturers of brand name drugs to provide a minimum level supplemental rebate to the State or be subject to prior authorization of their drug.
The annual decrease in gross Medicaid expenditures for state fiscal year 2013/14 is $.90 million.
• Effective April 1, 2013, the e-prescription financial incentives of $.80 per dispensed electronic prescription paid to medical practitioners, clinics and the $.20 per dispensed electronic prescription paid to pharmacies for the purpose of encouraging the electronic transmission of prescriptions for drugs prescribed and dispensed in accordance with State and federal requirements will terminate.
The annual decrease in gross Medicaid expenditures attributed to this initiative for state fiscal year 2013/14 is $2.08 million.
The estimated annual net aggregate decrease in gross Medicaid expenditures attributable to reform and other initiatives contained in the budget for state fiscal year 2013/2014 is $648.8 million; and the estimated annual net aggregate increase in gross Medicaid expenditures attributable to an extension of pertinent disproportionate share (DSH) and upper payment limit (UPL) payments for state fiscal year 2013/2014 is $2.4 billion.
Copies of the proposed state plan amendments will be on file in each local (county) social services district and available for public review.
For the New York City district, copies will be available at the following places:
New York County 250 Church Street New York, New York 10018
Queens County, Queens Center 3220 Northern Boulevard Long Island City, New York 11101
Kings County, Fulton Center 114 Willoughby Street Brooklyn, New York 11201
Bronx County, Tremont Center 1916 Monterey Avenue Bronx, New York 10457
Richmond County, Richmond Center 95 Central Avenue, St. George Staten Island, New York 10301
The public is invited to review and comment on this proposed state plan amendment.
For further information and to review and comment, please contact: Department of Health, Bureau of HCRA Operations and Financial Analysis, Corning Tower Building, Rm. 984, Empire State Plaza, Albany, NY 12237, (518) 474-1673, (518) 473-8825 (fax), [email protected]
PUBLIC NOTICE
New York City Deferred Compensation Plan/NYCE IRA
The New York City Deferred Compensation Plan/NYCE IRA (the “Plan”) is seeking qualified vendors to provide daily or as necessary liquidity through the use of a low duration wrapped bond portfolio, an insurance company separate account portfolio and/or a commingled stable value fund for the Stable Income Fund investment option of the Plan. To be considered, vendors must submit their product information to Mercer Investment Consulting. Vendors should input or update their product information, as applicable, on Mercer’s Global Investment Management Database (GIMD). The address for the website is: www.mercergimd.com. Vendors not already registered, please call Jay Livnat at (212) 345-2719 for a user I.D. and password to access the database. There is no fee for entering product information on the database. Please complete the submission of product information in the Mercer database no later than 4:30 P.M. Eastern Time on Friday, April 19, 2013. Also, please visit the Plan’s website at www.nyc.gov/olr and review the participant communications regarding the Stable Income Fund. The Plan also recommends that vendors interested in this procurement download and review the applicable documents from the Plan’s website.
If you have any questions regarding the materials on the Plan’s website, please fax your questions to (212) 306-7376. Please contact Beth Ripston of Mercer Investment Consulting at (212) 345-4992, if you have any investment-related questions.
PUBLIC NOTICE
Department of State
A meeting of the New York State Board of Real Estate Appraisal will be held on Wednesday, April 3, 2013 at 10:30 a.m. at the Department of State, 99 Washington Avenue, One Commerce Plaza, Room 505, Albany; 65 Court Street, Room 208, Buffalo; and 123 William Street, Room 231, New York City.
Should you wish to attend or require further information, please contact Carol Fansler, Board Coordinator, at [email protected] or (518) 486-3857.
PUBLIC NOTICE
Susquehanna River Basin Commission Projects Approved for Consumptive Uses of Water
SUMMARY: This notice lists the projects approved by rule by the Susquehanna River Basin Commission during the period set forth in “DATES.”
DATE: February 1, 2013, through February 28, 2013.
ADDRESS: Susquehanna River Basin Commission, 1721 North Front Street, Harrisburg, PA 17102-2391.
FOR FURTHER INFORMATION CONTACT: Richard A. Cairo, General Counsel, telephone: (717) 238-0423, ext. 306; fax: (717) 238-2436; e-mail: [email protected]. Regular mail inquiries may be sent to the above address.
SUPPLEMENTARY INFORMATION: This notice lists the projects, described below, receiving approval for the consumptive use of water pursuant to the Commission’s approval by rule process set forth in 18 CFR § 806.22(f) for the time period specified above:
Approvals By Rule Issued Under 18 CFR § 806.22(f):
1. EOG Resources, Inc., Pad ID: KENNEDY A Pad, ABR-201302001, Smithfield Township, Bradford County, Pa.; Consumptive Use of Up to 5.000 mgd; Approval Date: February 7, 2013.
2. EOG Resources, Inc., Pad ID: JENKINS B Pad, ABR-201302002, Springfield Township, Bradford County, Pa.; Consumptive Use of Up to 5.000 mgd; Approval Date: February 8, 2013.
3. Southwestern Energy Production Company, Pad ID: FLICKS RUN EAST PAD, ABR-201302003, Cogan House Township, Lycoming County, Pa.; Consumptive Use of Up to 4.999 mgd; Approval Date: February 14, 2013.
4. Chief Oil & Gas LLC, Pad ID: Lathrop Farm Trust Drilling Pad, ABR-201302004, Auburn Township, Susquehanna County, Pa.; Consumptive Use of Up to 2.000 mgd; Approval Date: February 28, 2013.
AUTHORITY: Pub. L. 91-575, 84 Stat. 1509 et seq., 18 CFR Parts 806, 807, and 808.
Dated: March 11, 2013.
Stephanie L. Richardson
Secretary to the Commission.
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