409-C - Powers and duties of the commissioner; administrative and fiscal functions.

§  409-c.  Powers  and  duties of the commissioner; administrative and  fiscal  functions.  1.  Notwithstanding  the  provisions   of   sections  forty-four,  forty-nine,  fifty, fifty-one and ninety-three of the state  finance law, section nine of the  public  buildings  law  or  any  other  provision  of  law  to  the contrary, the commissioner is authorized and  empowered:    (a) to expend all lump sum or consolidated  appropriations  and  other  appropriations  made  for  the  institutional  program. Within aggregate  funds available for  expenditures,  the  state  comptroller  shall  draw  warrants  for  the payment of all vouchers approved by the commissioner,  or by such person as shall be designated by the commissioner by  a  rule  or  written direction filed with the state comptroller. Such lump sum or  consolidated  appropriations  made  for   personal   service,   or   for  maintenance  and  operation  or for non-personal service, or maintenance  undistributed including personal service, other than appropriations from  proprietary or fiduciary funds, shall  be  available  for  payments  for  personal  service,  or  maintenance  and  operation  or for non-personal  service, or for maintenance  undistributed  including  personal  service  upon  the filing of a schedule of positions and salaries and the amounts  to be available for other personal service classes of  expenditure,  and  for  the  expenses  of  maintenance  and  operation, or for non-personal  service with the director of the budget, chairman of the senate  finance  committee,  chairman  of  the assembly ways and means committee, and the  state comptroller. Any such schedule may be amended and  such  amendment  shall  be  filed with the officers named above. The state comptroller is  authorized to pay any amounts required  for  the  salaries  and  related  employment  benefits  of employees of the institutional program from any  appropriations available therefor.    (b) To increase or decrease capital projects  fund  appropriations  by  transfer or interchange as follows:    (i)  Amounts appropriated for the programs or purposes or for any item  or items within such programs or purposes of the  institutional  program  in   the   department   from  a  particular  fund  or  funds,  excluding  appropriations for major  new  facility  construction  or  comprehensive  facility  renovation  or modernization projects, in a fiscal year may be  interchanged between items within the same program  or  purposes  of  an  institution,  or with other items appropriated from such fund not in the  same program or purpose within an institution, but which  are  contained  in  the  state comptroller's classification of items as last promulgated  pursuant to a certificate  of  allocation.  Such  certificate  shall  be  submitted by the commissioner to the state comptroller with copies to be  sent to the chairs of the senate finance committee and the assembly ways  and  means  committee  and  the director of the budget for informational  purposes only.    (ii) The commissioner shall provide the chair of  the  senate  finance  committee  and the assembly ways and means committee and the director of  the budget with quarterly reports of all transfers or interchanges  made  by  the  commissioner  pursuant  to this section on the fifteenth day of  July, October, January and April of each  year,  with  such  reports  to  include  the  program  impact  of  each  transfer  or  interchange.  The  allocation of lump sum appropriations from a fund or funds made  to  the  department  for  later  distribution to the institutional program in the  department or the allocation of lump  sum  appropriations  made  to  all  state  departments  and  agencies  for  later  allocation  for  specific  programs or purposes shall not  be  deemed  to  be  part  of  any  total  increase or decrease authorized by this section.    2.   (a)   Notwithstanding   any  inconsistent  provision  of  section  ninety-three of the state finance law or any other law to the  contrary,any  capital  projects  fund  appropriation  for  state hospitals in the  department shall be available to  the  department  upon  issuance  of  a  certificate  of  approval of availability by the director of the budget.  The certificate shall be for so much as shall be necessary to accomplish  the  purposes described in the report from the department specifying the  scope of the project and the project budget within  the  limits  of  the  appropriation  and a copy of such certificate of approval shall be filed  with the state comptroller, the chair of the  senate  finance  committee  and  the  chair  of  the  assembly  ways  and means committee. Moneys so  approved shall be paid on the audit and warrant of the state comptroller  pursuant to vouchers approved by the commissioner.    (b) Notwithstanding any inconsistent provision of section nine of  the  public  buildings  law  or  any  other  law  to  the  contrary, when the  commissioner shall determine that there is a construction emergency,  as  defined in section nine of the public buildings law, the commissioner is  empowered  and  authorized to exceed the limit of forty thousand dollars  but not to exceed the limit of two hundred  thousand  dollars  for  such  project  and  may  utilize  any  capital projects fund appropriation for  state hospitals within the department for  the  purposes  of  addressing  such construction emergency.    3.  The  commissioner  shall  provide the chairs of the senate finance  committee and the assembly ways and means committee and the director  of  the  budget  with:  (i) quarterly reports of all expenditures within the  institutional program pursuant to this section on the fifteenth  day  of  July,  October, January and April of each year; and (ii) a report on the  health care  activities  of  the  facilities  within  the  institutional  program  pursuant to this section and their participation in health care  delivery networks, either  directly  or  under  contract  on  or  around  submission  of  the  annual  budget  request, but in no event later than  October fifteenth of each year. This report  shall  provide  information  regarding:  the  impact  of existing managed care contracts on services,  census levels, operational costs and revenue; and the impact of  planned  expansion  of  existing  managed  care  networks,  including anticipated  changes in service areas, census, operating costs and revenue  projected  as a result of such expansion.    4. Notwithstanding any provision of section one hundred sixty-three of  the  state  finance  law  or  any  other  law, rule or regulation to the  contrary, the commissioner may:    (a) authorize contracts with public, non-profit or  business  entities  for  the  provision  of  general comprehensive and specialty health care  services in department inpatient or  outpatient  hospitals,  clinics  or  other  ancillary facilities, as defined in section four hundred three of  this  title,  through  managed  care  networks  or  other  health   care  contractual  arrangements  for  the  provision  of health care services.  Consistent with applicable laws and regulations, the commissioner  shall  develop  policies concerning the terms and conditions for such contracts  including length of term, contributions,  evidence  of  insurance,  risk  assumption  and  indemnification.  Health  care  services to be provided  under such contracts may be delivered directly by state hospitals in the  department, as defined in section four hundred three of this title,  or,  with  respect  to  health  care services not provided by such hospitals,  through contract, agreement or other  arrangement  with  physicians  and  other  health  practitioners and providers or professional corporations,  not-for-profit or business entities comprised thereof. Contracts for the  provision of health care services hereunder:  (i)  shall  be  consistent  with  applicable provisions of agreements between the state and employee  organizations pursuant to article fourteen of  the  civil  service  law;  (ii)  may  be entered into without formal competitive bidding subject tothe policies of the commissioner which shall  include  requirements  for  comparative review or other competitive processes where appropriate; and  (iii)  shall  not  increase operating costs above resulting increases in  revenue  such that expenditures related to services provided pursuant to  such contracts will be limited to revenues projected to be received over  the life of the contract. Before entering into any contract pursuant  to  this  paragraph,  the  commissioner shall provide a written assurance to  the director of the budget that  such  contract  will  not  require  any  additional  resources  from  the  state  of  New  York  not supported by  contract  revenues,  based  on  the  projected  financial  and  economic  analyses  of  the proposed contract submitted by the facility, including  relevant assumptions regarding the projection.    * (b) notwithstanding section one hundred twelve of the state  finance  law  to  the contrary, authorize contracts for the purchase of goods and  services for state hospitals in the department, as  defined  in  section  four  hundred  three of this title, without prior review and approval of  any other state office or agency and subject to the commissioner's rules  and regulations: (i) for any contract which does not exceed one  hundred  thousand  dollars;  or  (ii)  for joint or group purchasing arrangements  which  do  not  exceed  three  hundred  thousand  dollars.   The   state  comptroller  shall  have  ninety  days  to  review arrangements over the  limitations prescribed pursuant to  this  subparagraph.  Purchases  made  pursuant  to  such  joint  or  group  purchasing  arrangements shall not  include services and be made from contracts awarded by a  regionally  or  nationally  recognized  purchasing  organization,  and  contracts with a  regionally or nationally recognized  purchasing  organization  shall  be  made on a competitive basis.    * NB Repealed January 1, 2012    (c)  authorize  contracts  for the participation by state hospitals in  the department, as defined in section four hundred three of this  title,  in  joint  and cooperative programs and arrangements for the delivery of  health care services, or for the planning  and  administration  thereof,  with  public,  non-profit  or  business entities, including programs and  arrangements on a regional or national basis.    (d) authorize the department to: (i) lease, sublease or otherwise make  available in accordance  with  the  commissioner's  policies,  space  or  facilities  within  its  hospitals,  as  defined in section four hundred  three of this title, to one or more practitioners or public,  non-profit  or  business  entities  for the purposes specified in paragraphs (a) and  (c) of this subdivision; or (ii) to lease or sublease any facilities  or  other  property  necessary  for  the delivery of health care services in  accordance with the  provisions  of  paragraphs  (a)  and  (b)  of  this  subdivision.    (e)  nothing  contained  in this subdivision shall in any way alter or  impair  the  rights  provided  pursuant  to  a   collective   bargaining  agreement,  state  law  implementing  such  agreement  or  under article  fourteen of the civil service law of all members of certified bargaining  units currently or hereafter employed by the department in hospitals, as  defined in section four hundred three of this title, and  all  certified  employee  organizations  and  negotiating  units of such employees shall  continue in accordance with the provisions of article  fourteen  of  the  civil  service  law.  The commissioner shall assure that any contract or  agreement entered into for the provision of  general  comprehensive  and  specialty  health  care  services in department hospitals, as defined in  section four hundred three  of  this  title,  through  participation  in  managed  care  networks  or  other  joint  and  cooperative programs and  arrangements including those on a regional basis in fulfillment  of  any  provision of this subdivision, the service of which is being provided bydepartment  employees at hospitals defined in section four hundred three  of this title who are members of  certified  bargaining  units  at  such  hospital  will  be subject to the terms and conditions of any current or  future collectively negotiated agreement between the state and certified  employee organizations pursuant to article fourteen of the civil service  law.    5.  The  commissioner  shall  submit  a  report  to  the governor, the  temporary president of the senate, the speaker of the assembly  and  the  office  of  the  state  comptroller on or before May first, two thousand  two, which shall include a record of all group purchasing  arrangements,  including  for  each  group  purchasing  arrangement:  the  name  of the  purchasing  organization,  overall  contract  amount,  dollar  value  of  purchases made by fiscal year, description of the commodities purchased,  and  methodology  used  to  determine  the  cost  effectiveness  of such  purchase.