The Department of Health proposes to amend the Nursing Home Transition and Diversion (NHTD) and Traumatic Brain Injury (TBI) 1915(c) Waiver Programs to comply with 42 CFR 441.301(c)(1)(vi). The following changes are proposed:

Waiver Services

No later than January 1, 2021, New York State must comply with the Federal Conflict of Interest requirements of federal rule at: 42 CFR 441.301(c)(1)(vi) for waiver services provided under the NHTD and TBI Home and Community Based Services 1915c Waivers.

To ensure compliance with the Conflict of Interest Rule, the New York State Department of Health (NYSDOH) has engaged stakeholders in determining a path for compliance, including planning meetings held on January 11, 2019, March 6, 2019, May 14, 2019, August 8, 2019, and November 4, 2019. The result of those meetings was the identification of the following four models which are compliant with the Federal Conflict of Interest Rule for the delivery of services under the NHTD and TBI waivers:

• Providers may choose to provide Service Coordination (SC) only;

• Providers may choose to provide SC and exempt waiver services including: Assistive Technology (AT), Environmental/Vehicle Modifications, Community Transitional Services (CTS), Moving Assistance, Congregate Meals only;

• Providers may choose to provide all waiver services except for SC; or

• Providers may choose to continue provision of all waiver services (including SC) but cannot provide both SC and another direct waiver service to the same participant.

Waiver providers must choose one of four models of Conflict of Interest-compliant service delivery and be operating under their designated compliant model on or before January 1, 2021.

NYSDOH will submit amendments to the NHTD and TBI waivers for approval by the Centers for Medicare and Medicaid Services (CMS) which will include language defining the state’s Conflict of Interest plan as well as amendments to the qualifications for certain provider staff including Service Coordinators. NYSDOH anticipates these amendments will help maintain and expand the capacity of experienced qualified providers and facilitate transition to new employers should they seek new employment.

There is no additional estimated annual change to gross Medicaid expenditures as a result of this proposed amendment.

The public is invited to review and comment on this initiative. Additional information may be found at: https://www.health.ny.gov/health_care/medicaid/redesign/mrt90/policy_docs.htm

Comments may be filed electronically at: [email protected], or mailed to: Department of Health, Office of Health Insurance Programs, Division of Long Term Care, Bureau of Community Integration and Alzheimer’s Disease, One Commerce Plaza, Suite 1605, Albany, NY 12210. All comments must be postmarked or emailed on or before April 10, 2020. Include COI Compliance in the subject line and indicate your name and affiliation.

Individuals without internet access may contact the Waiver Unit at: (518) 474-5271 to receive additional information.

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 non-institutional services to comply with Social Services Law 365-a(2)(s) and section 4107 of the Affordable Care Act. The following changes are proposed:

Non-Institutional Services

Effective on and after April 1, 2020, this proposes to amend the State Plan to remove limits on face-to-face tobacco cessation counseling services. All Medicaid recipients, including pregnant women, receiving tobacco cessation counseling services can receive these services based on medical necessity and without limitation.

There is no additional estimated annual change to gross Medicaid expenditures as a result of the proposed amendments.

The public is invited to review and comment on this proposed State Plan Amendment, a copy of which will be available for public review on the Department’s website at http://www.health.ny.gov/regulations/state_plans/status. Individuals without Internet access may view the State Plan Amendments at any local (county) social services district.

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

For further information and to review and comment, please contact: Department of Health, Division of Finance and Rate Setting, 99 Washington Ave., One Commerce Plaza, Suite 1432, Albany, NY 12210, [email protected]

In accordance with General Municipal Law, Article 18 - C, Section 970-r, the Secretary of State designated the Endicott Johnson Industrial Spine Brownfield Opportunity Area, in the City of Binghamton, on December 3, 2015. The designation of the Endicott Johnson Industrial Spine Brownfield Opportunity Area was supported by a Nomination or a comprehensive planning tool that identifies strategies to revitalize the area which is affected by one or more known or suspected brownfield sites.

Pursuant to New York State Tax Law, Article 1, Section 21, the eligible taxpayer(s) of a project site located in a designated Brownfield Opportunity Area may apply for an increase in the allowable tangible property tax credit component of the brownfield redevelopment tax credit if the Secretary of State determines that the project conforms to the goals and priorities established in the Nomination for a designated Brownfield Opportunity Area.

On January 15th, 2020, Freewheelin ANSCO, LLC submitted a request for the Secretary of State to determine whether the Former ANSCO Camera Factory mixed-use development, which will be located within the designated Endicott Johnson Industrial Spine Brownfield Opportunity Area, conforms to the goals and priorities identified in the Nomination that was prepared for the designated Endicott Johnson Industrial Spine Corridor Brownfield Opportunity Area.

The public is permitted and encouraged to review and provide comments on the request for conformance. For this purpose, the full application for a conformance determination is available online at: https://www.dos.ny.gov/opd/programs/pdfs/BOA/BOA Conformance App_ANSCO.pdf

Comments must be submitted no later than April 10, 2020, either by mail to: Julie Sweet, Department of State, Office of Planning and Development, 44 Hawley St., Rm. 1507, Binghamton, NY, 13901 or by email to: [email protected]

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-2019-1073, Michael and Candace Conway are proposing to install an 8′ wide, 4′ tall, 100′ long break wall revetment consisting of 1-2-ton rocks across their property’s shoreline and installing an 8′ x 24′ fixed dock with a 6′ x 32′ floating dock. This project is located at 9459 Ingersoll Drive, in the Town of Wolcott, Wayne County, on Blind Sodus Bay.

The applicant’s consistency certification and supporting information are available for review at: http://www.dos.ny.gov/opd/programs/pdfs/Consistency/F-2019-1073.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 March 26, 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-2019-1290 or the “Annandale Micro Hydro Project”, the applicant Bard College, is proposing to install a 12-kW micro hydro facility at an existing dam and the rehabilitation of that dam. Activities include among others the dredging of sediment behind the upstream face of the dam to allow the repair and alteration of the Annandale Dam as well as the installation of the hydropower intake structure. The authorized work is located at 1248 River Road, Town of Red Hook, Dutchess County, Saw Kill Creek.

The applicant’s consistency certification and supporting information are available for review at: http://www.dos.ny.gov/opd/programs/pdfs/Consistency F-2019-1290_Annandale_MicroHydro_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, April 10, 2020.

Comments should be addressed to: Consistency Review Unit, Department of State, Office of Planning, Development and 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.

2020-0077 Matter of Natale V Barranco, Urbahn Architects PLLC, 306 West 37 Street, 9th Floor, New York, NY 10018 for a variance concerning landing requirements. Involved is an existing light rail train station. The building is known as the Deer Park Station and is located at Pineaire Drive and Long Island Avenue, Town of Babylon, County of Suffolk, State of New York.

2020-0078 Matter of Natale V Barranco, Urbahn Architects PLLC, 306 West 37 Street, 9th Floor, New York, NY 10018 for a variance concerning landing requirements. Involved is an existing light rail train station. The building is known as the Brentwood Station and is located at Brentwood Road and Suffolk Avenue, Town of Islip, County of Suffolk, State of New York.

2020-0022 Matter of Scott Tirone, 75 Albertson Avenue, Albertson, NY 11507, for a variance concerning plumbing requirements, including the number of toilet room facilities. Involved is a warehouse building located at 1998 Hillside Avenue, Town of North Hempstead, County of Nassau, State of New York.

2020-0023 Matter of Scott Tirone, 75 Albertson Avenue, Albertson, NY 11507, for a variance concerning fire safety requirements, including ceiling heights. Involved is an existing dwelling located at Seven Bayside Drive, Town of North Hempstead, County of Nassau, State of New York.

2020-0024 Matter of Phillip A Yim, Eight Martha Terrace, Floral Park, NY 11001 for a variance concerning fire safety requirements, including emergency paths of egress. Involved is an existing dwelling located at Eight Martha Terrace, Incorporated Village of Floral Park, County of Nassau, State of New York.

2020-0030 Matter of Joseph Palmeri, 108 Riverside Drive, Rockville Centre, NY 11570 for a variance concerning fire safety requirements, including fire separation distances. Involved is an existing garage located at 108 Riverside Drive, Incorporated Village of Rockville Centre, County of Nassau, State of New York.

2020-0035 Matter of Norman Glavas, R.A., 162 Boulder Road, Manhasset, NY 11030, for a variance concerning plumbing requirements, including placement of toilet room fixtures. Involved is an existing dwelling located at 334 Rushmore Avenue, Town of North Hempstead, County of Nassau, State of New York.

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.

2020-0093 Matter of Woodhull Expediting, Amy M. Devito, 332 Woodhull Avenue, Port Jefferson Station, NY 11776, for a variance concerning safety requirements, including heights under a girder/soffit. Involved is an existing one family dwelling located at 48 Lynda Drive, Town of Brookhaven, NY 11779 County of Suffolk, State of New York.

2020-0101 Matter of Nassau Expeditors Inc., Scott Tirone, 75 Albertson Avenue, Albertson, NY 11507, for a variance concerning safety requirements, including heights under a girder/soffit. Involved is an existing one family dwelling located at 130 Claudy Lane, Town of North Hempstead, NY 11040 County of Nassau, State of New York.

2020-0109 Matter of Patricia Schachter, 863 Wellington Road, Westbury, NY 11590, for a variance concerning safety requirements, including the ceiling height and height under a girder/soffit. Involved is an existing one family dwelling located at 64 Parsons Drive, Village of Hempstead, NY 11550 County of Nassau, State of New York.

2020-0110 Matter of Patricia Schachter, 863 Wellington Road, Westbury, NY 11590, for a variance concerning safety requirements, including the ceiling height. Involved is an existing one family dwelling located at 888 Mathilda Place, Town of Hempstead, NY 11553 County of Nassau, State of New York.

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.

2020-0108 In the matter of Whitlock Partners, LLC, Ryan Goodfellow, 129-133 Walton Street, Syracuse, NY 14850, concerning building code and fire safety requirements including a variance for openings in exterior walls, stair to lofts, exit stair and discharge, elevator accessibility, emergency rescue openings, and minimum area of living rooms.

Involved is the conversion and alterations to a mixed residential occupancy, assembly, business and mercantile occupancies, located at 476-480 South Salina Street, City of Syracuse, County of Onondaga, New York.

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.

2020-0111 In the matter of King and King Architects, Erika Civitella, 358 West Jefferson Street, Syracuse, NY 13202 for Fayetteville-Manlius Central School District, for a variance concerning building code and fire safety requirements including requirements to exceed the allowable time limit for a temporary structure and to allow temporary foundations that do not extend below the frost line.

Involved is the installation of a modular building for temporary classroom use during construction and alterations in the existing adjacent building, known as “Wellwood Middle School” located at 700 South Manlius Street, Village of Fayetteville, County of Onondaga, New York.

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.

2020-0112 In the matter of Kenneth Bangerter, 120 Columbia Street, Ithaca, NY 14850, concerning safety requirements including a variance for reduction in required height of existing interior handrails and guardrails.

Involved is the certificate of compliance inspection of an existing residential occupancy, two stories in height, located at 122 Columbia Street, City of Ithaca, County of Tompkins, New York.

Wayne County is requesting proposals from qualified administrative services agencies, and/or financial organizations relating to administration, trustee services and/or funding of a deferred compensation plan for employees of Wayne County meeting the requirements of Section 457 of the Internal Revenue Code and Section 5 of the State Finance Law, including all rules and regulations issued pursuant thereto.

A copy of the proposal questionnaire may be obtained from: Wayne County Human Resources Department: Chris Kalinski, [email protected]

All proposals must be submitted by 4:00 p.m. on April 13, 2020.