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suspend such limit for such company for the calendar year in which such
excess was incurred, but no such order or suspension shall be given for
any one company for more than two calendar years in succession, except
that, if a
company discontinues writing new debit life insurance, the
total expense limit shall not apply for any calendar year to such com-
pany if the company does not resume the writing of new debit life in-
surance and the superintendent deems the total expenses charged are
unreasonable and have been properly allocated.

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§ 3. This act will take effect June 30, 1992, except that section two of this act shall take effect on June 30, 1995.

CHAPTER 626

(See FISCAL NOTE at end of Chapter.)

AN ACT to allow Richard Schoch to file a request for retroactive membership in the New York state and local employees' retirement system

Became a law July 24, 1992, with the approval of the Governor. Passed on Home Rule request pursuant to Article IX, section 2(b) (2) of the Constitution by a majority vote, three-fifths being present.

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

Section 1. Notwithstanding any inconsistent provision of law to the contrary, Richard Schoch, an employee of the town of Ithaca as parks and open space manager, who was employed by the town of Ithaca on June 8, 1982, and who for reasons not ascribable to his own negligence did not become a member of the New York state and local employees' retirement system until January 1, 1984, shall be deemed to have become a member on June 8, 1982 if, on or before December 31, 1992, he shall file with the state comptroller a written request to that effect.

§ 2. Upon approval of a request pursuant to section one of this act, the town of Ithaca shall pay all costs incurred as a result of this act. § 3. This act shall take effect immediately.

FISCAL NOTE. -This bill would deem Richard Schoch, an employee of the Town of Ithaca, to have become a member of the New York State and Local Employees' Retirement System on June 8, 1982.

If this bill is enacted, there will be no resulting additional cost. This estimate, dated June 11, 1992 and intended for use only during the 1992 Legislative Session, is fiscal Note No. 92-354 prepared by the Actuary for the New York State and Local Employees' Retirement System.

CHAPTER 627

(See FISCAL NOTE at end of Chapter.)

AN ACT to allow George Krebs to file a request for retroactive membership in the New York state and local employees' retirement system

Became a law July 24, 1992, with the approval of the Governor. Passed on Home Rule request pursuant to Article IX, section 2(b) (2) of the Constitution by a majority vote, three-fifths being present.

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

Section 1. 1. Notwithstanding any inconsistent provision of law to the contrary, George Krebs, an employee of the town of Ithaca as foreman in EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law

the highway division, who was employed by the town of Ithaca on January 1, 1973, as a permanent laborer, and who for reasons not ascribable to his Own negligence did not become a member of the New York state and local employees retirement system until February 8, 1974, shall be deemed to have become a member on January 1, 1973, if, on or before December 31, 1992, he shall file with the state comptroller a written

request to that effect.

§ 2. Upon approval of a request pursuant to section one of this act, the town of Ithaca shall pay all costs incurred as a result of this act.

§ 3. This act shall take effect immediately.

FISCAL NOTE. This bill would deem George Krebs, an employee of the Town of Ithaca, to have become a member of the New York State and Local Employees' Retirement System on January 1, 1973.

If this bill is enacted, we anticipate that there will be an increase of approximately $280 in the annual contributions of the Town of Ithaca for the fiscal year ending March 31, 1993. Further, as a percentage of pay, the increase in annual employer contributions payable for this benefit will eventually approach 3.5% of George Kreb's annual salary.

In addition to the annual contributions discussed above, there will be an immediate past service cost of approximately $30,000 which would be borne by the Town of Ithaca as a one-time payment.

This estimate, dated June 10, 1992, and intended for use only during the 1992 Legislative Session, is Fiscal Note No. 92-346 prepared by Actuary for the New York State and Local Employees' Retirement System.

the

CHAPTER 628

AN ACT to amend the vehicle and traffic law, in relation to the
collection of certain statistical information

Became a law July 24, 1992, with the approval of the Governor.
Passed by a majority vote, three-fifths being present.

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

Section 1. Subdivision 1 of section 216-a of the vehicle and traffic law, as added by chapter 631 of the laws of 1975, is amended to read follows:

1. The commissioner shall collect and analyze statistical information and data with respect to: (i) the number of persons charged with violating any of the provisions of section eleven hundred ninety-two of this chapter prohibiting the operation of a motor vehicle while under the influence of alcohol or drugs; and (ii) the disposition of such charge and (iii) if a conviction was had thereon, the category of the offense for which such conviction was had, whether it resulted from a plea of guilty or after trial and the sentence thereon; and (iv) such other information as the commissioner shall deem relevant. Provided, however, that nothing herein shall be deemed to authorize the reporting or collecting of any information relating to the identity of any person so charged, and no such information shall be so reported to or collected by the commissioner except for the purposes of assisting courts in the suspension of licenses pursuant to sections five hundred ten and five hundred fourteen of this chapter, and no such information may be disseminated except to such courts.

as

§ 2. This act shall take effect on the thirtieth day after it shall

have become a law.

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CHAPTER 629

AN ACT to amend the county law, in relation to solid waste resource recovery in Westchester county

Became a law July 24, 1992, with the approval of the Governor.
Passed by a majority vote, three-fifths being present.

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

Section 1. Section 226-b of the county law is amended by adding a new subdivision 5 to read as follows:

5. The county of Westchester having been designated as a planning unit pursuant to section 27-0107 of the environmental conservation law, shall have power to adopt and amend local laws, ordinances and regulations that license and/or regulate collecting, receiving, transporting, delivering, storing, processing and disposing of solid waste and recyclable or reusable material that are originated or brought within the county, to the extent that such licensing and/or regulation is necessary to carry out or to further the goals of the county's solid waste management plan and that said plan has been approved by the department of environmental conservation. The county of Westchester may also adopt a local law or ordinance pursuant to section one hundred twenty-aa of the general municipal law, governing the source-separation and segregation of recyclable or reusable materials from solid waste. Any law, ordinance, or regulation adopted by the county of Westchester pursuant to this subdivision shall take precedence over and shall supersede any inconsistent provisions of any such local law, ordinance or regulation enacted by any other municipality within the boundaries of the county of Westchester Commencing September first, nineteen hundred ninety-two, except that no county source separation law may authorize enforcement proceedings and penalties against a municipality for that municipality's failure to meet specific recycling goals set by the county in accordance with the County's state-approved solid waste management plan until September first, nineteen hundred ninety-four, provided, that the municipality has adopted a local recycling plan reasonably designed to meet said recycling goals and has demonstrated good faith in implementing its recycling program. For purposes of this subdivision the term "solid waste" shall have the same meaning as provided in subdivision three of this section and shall include materials separated from the waste stream pursuant to section one hundred twenty-aa of the general municipal law. Such term, however, shall not include any scrap or other material of value separated from the waste stream and held for purposes of materials recycling.

§ 2. This act shall take effect immediately.

CHAPTER 630

AN ACT to amend chapter 546 of the laws of 1945 relating to establishing a common trust fund for the Diocese of Central New York, in to investments of such fund

relation

Became a law July 24, 1992, with the approval of the Governor.
Passed by a majority vote, three-fifths being present.

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

Section 1. The two undesignated paragraphs of section 3 of chapter 546 of the laws of 1945 relating to establishing a common trust fund for the Diocese of Central New York are numbered subdivisions 1 and 2 and a new subdivision 3 is added to read as follows:

EXPLANATION-Matter in italics is new; matter in brackets [] is old law

3. In making, retaining or changing investments of all or any part of the "Central Investment Fund of the Diocese of Central New York" the trustees of such fund may give predominant consideration to principles of social responsibility and to that end may take into account ethical, moral and theological considerations, provided, however, that such considerations, are not inconsistent with the tenets of the Protestant Episcopal Church. The trustees shall not be liable for having given predominant consideration to such ethical, moral and theological considerations in making, retaining or changing investments, in addition to the considerations required by the prudent person rule.

§ 2. This act shall take effect immediately.

CHAPTER 631

AN ACT to amend the public service law, in relation to permitting third-party notice by landlords

Became a law July 24, 1992, with the approval of the Governor.
Passed by a majority vote, three-fifths being present.

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

Section 1. Section 40 of the public service law, as added by chapter 713 of the laws of 1981, is amended to read as follows:

§ 40. Voluntary third-party notice prior to termination of service. 1. Every utility corporation or municipality shall permit a residential customer to designate a third-party to receive copies of all notices relating to termination of service or collection of amounts due sent to such residential customer, provided that the designated third-party indicates in writing a willingness to receive such notices.

2. Every utility corporation or municipality shall permit a landlord, upon written request of both the landlord and tenant, to designate a third-party to be notified of all requests for discontinuance of service to units owned by such landlord.

§ 2. This act shall take effect on the ninetieth day after it shall have become a law.

CHAPTER 632

AN ACT to amend the social services law, in relation to medicaid drug utilization review

Became a law July 24, 1992, with the approval of the Governor.
Passed by a majority vote, three-fifths being present.

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

Section 1. Purpose. In 1990, Congress passed legislation requiring state medicaid programs to enact a prospective and a retrospective Drug Utilization Review (DUR) program for the medicaid outpatient drug program. The requirements of this legislation take effect January 1, 1993.

The legislation outlines some parameters for program operations, but leaves a great deal of discretion to the states in the operation of these DUR programs.

The DUR program can serve as a useful tool in helping the state medicaid program identify areas where a medicaid recipient's drug therapy is less than optimal. At the same time, DUR can be useful in identifying fiscal savings through a variety of methods while enhancing the quality of care for medicaid recipients.

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§ 2. Article 5 of the social services law is amended by adding a new title 11-C to read as follows:

TITLE 11-C

MEDICAID DRUG UTILIZATION REVIEW

Section 369-aa. Definitions.

369-bb. Drug utilization review board.

369-cc. Retrospective and prospective drug utilization review.

§ 369-aa. Definitions. In this article:

1. "Drug utilization review or (DUR)" shall mean the program designed to measure and to assess on a retrospective and a prospective basis the proper use of outpatient drugs in the medicaid program.

2. "Board" shall mean the drug utilization review board created under this title.

3. "Intervention" shall mean a form of communication utilized by the DUR board with a prescriber or pharmacist to inform about or to influence prescribing or dispensing practices.

4. "SURS" shall mean the surveillance utilization review system of medicaid.

5. "Retrospective DUR" shall mean that part of the drug utilization review program that assesses or measures drug use based on an historical review of drug use data against predetermined and explicit criteria and standards on an ongoing basis with professional input.

6. "Prospective DUR" shall mean that part of the drug utilization review program that is to occur before the drug is dispensed that is designed to screen for potential drug therapy problems based on explicit and predetermined standards.

7. "Criteria" shall mean those predetermined and explicitly accepted elements that are used to measure drug use on an ongoing basis to determine if the use is appropriate, medically necessary, and not likely to result in adverse medical outcomes.

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8. "Compendia" shall mean those resources widely accepted by the meḍical profession in the efficacious use of drugs which is based on, but not limited these sources: "American Hospital Formulary Services Drug Information," "U.S. Pharmacopeia Drug Information," "AMA Drug Evaluations," the peer-reviewed medical literature, and information provided from the manufacturers of drug products.

9. "Standards" shall mean the acceptable range of deviation from the criteria that reflects local medical practice and that is tested on the medicaid recipient database.

10. "Therapeutic duplication" shall mean the prescribing and dispensing of the same drug or of two or more drugs from the same therapeutic class where overlapping time periods of drug administration are involved and where such prescribing or dispensing is not medically indicated.

11. "Drug-disease contraindications" shall mean the occurrence where the therapeutic effect of a drug is adversely altered by the presence of another disease condition.

12. "Drug-interactions" shall mean the occurrence where two or more drugs taken by a recipient lead to clinically significant toxicity that is characteristic of one or any of the drugs present or that leads to the interference with the effectiveness of one or any of the drugs.

13. "Therapeutic appropriateness" shall mean drug prescribing and dispensing based on rational drug therapy that is consistent with criteria and standards of the compendia.

14. "Overutilization or underutilization" shall mean the use of a drug in such quantities where the desired therapeutic goal is not achieved. 15. "Appropriate and medically necessary" shall mean drug prescribing and dispensing and patient medication usage in conformity with criteria and standards developed under this chapter.

the

$369-bb. Drug utilization review board. 1. A thirteen-member drug utilization review board is hereby created in the department. The board is responsible for the establishment and implementation of medical standards and criteria for the retrospective and prospective DUR program.

2. The members of the DUR board shall be appointed by the commissioner and shall serve a three-year term. Members may be reappointed upon the EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law

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