June 10 Miscellaneous NoticesHearings by TomDonnelly

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									        MNOTICES/HEARINGS S
         ISCELLANEOU
            Notice of Abandoned Property                                       For further information or if you need a reasonable accommoda-
                                                                            tion to attend this meeting, contact: Henry Boland, Office of Public
           Received by the State Comptroller                                Safety, Division of Criminal Justice Services, Four Tower Place,
   Pursuant to provisions of the Abandoned Property Law and related         Albany, NY 12203, (518) 485-7641
laws, the Office of the State Comptroller receives unclaimed monies
and other property deemed abandoned. A list of the names and last                                  PUBLIC NOTICE
known addresses of the entitled owners of this abandoned property is
maintained by the office in accordance with Section 1401 of the                                     Department of Health
Abandoned Property Law. Interested parties may inquire if they ap-            Pursuant to 42 CFR Section 447.205, the Department of Health
pear on the Abandoned Property Listing by contacting the Office of          hereby gives public notice of the following:
Unclaimed Funds, Monday through Friday from 8:00 a.m. to 4:30                 The Department of Health proposes to amend the Title XIX
p.m., at:                                                                   (Medicaid) State Plan for inpatient hospital, long term care and non-
                            1-800-221-9311                                  institutional services to comply with recently enacted statutory
                        or visit our web site at:                           provisions. The following provides clarification to previously noticed
                          www.osc.state.ny.us                               provisions and notification of new significant changes:
   Claims for abandoned property must be filed with the New York            Inpatient Hospital Services
State Comptroller's Office of Unclaimed Funds as provided in Sec-             D For state fiscal years beginning April 1, 2009 through March 31,
tion 1406 of the Abandoned Property Law. For further information                 2011, additional medical assistance payments for inpatient
contact: Office of the State Comptroller, Office of Unclaimed Funds,             hospital services may be made to public general hospitals oper-
110 State St., Albany, NY 12236.                                                 ated 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 popula-
                                                                                 tion over one million, and those public general hospitals located
                        NOTICE OF                                                in the counties of Westchester, Erie, or Nassau, up to one hundred
                      PUBLIC HEARING                                             percent (100%) of each such public hospital's medical assistance
          Village of Oyster Bay Cove Planning Board                              and uninsured patient losses after all other medical assistance,
                                                                                 including disproportionate share payments to such general
   A public hearing and meeting will be held by and before the Plan-
                                                                                 hospitals. For state fiscal years beginning on and after April 1,
ning Board of the Incorporated Village of Oyster Bay Cove, Nassau
                                                                                 2007 through March 31, 2009, initial payments will be based on
County, New York, at the East Woods School on Yellow Cote Road
                                                                                 reported 2000 reconciled data and be further reconciled to actual
in the Village on Wednesday, June 3, 2009 at 8:00 P.M.
                                                                                 reported data for 2007; for state fiscal years beginning on and af-
   The hearing will be on the application of Scott Klansky, owner of a           ter April 1, 2009, initial payments will be based on reported 2007
2.0 acre parcel of land located at 6 Redmond Lane in the Village,                reconciled data, adjusted for authorized Medicaid rate changes
designated as Section 27, Block G, Lot 1553 on the Land and Tax                  applicable to the state fiscal year, and further reconciled to actual
Map of Nassau County.                                                            reported data for 2009, and to actual reported data for each re-
   The Applicant seeks site plan approval to permit construction of a            spective succeeding year. Payments to eligible public general
driveway courtyard, swimming pool, cabana and patios, as shown on                hospitals may be added to rates of payment or made as aggregate
the site plan entitled “Site Plan...” prepared by Bladykas & Panetta,            payments.
L.S. & P.E. and last dated April 21, 2009.                                    D For state fiscal years beginning April 1, 2009 through March 31,
   The above application and plan are on file at the Village Hall, #25B          2011, additional medical assistance payments for inpatient
Route 25A, Oyster Bay, New York where it may be seen during regu-                hospital services may be made to public general hospitals, other
lar business hours Monday, Wednesday or Friday until the time of the             than those operated by the State of New York or the State
hearing.                                                                         University of New York, that are located in a city with a popula-
   If any individual requires special assistance to attend, please notify        tion over one million. Additional medical assistance payments
the Village Clerk at least 48 hours in advance of the hearing.                   for medical inpatient hospital services of up to $420 million an-
                                                                                 nually may be made for state fiscal years beginning April 1, 2009
                                                                                 through March 31, 2011, and up to $120 million for state fiscal
                       PUBLIC NOTICE                                             years beginning April 1, 2011 and annually thereafter based on
              Division of Criminal Justice Services                              the relative share of each such non-state operated public general
           Law Enforcement Agency Accreditation Council                          hospital's medical assistance and uninsured losses after all other
  Pursuant to Public Officers Law Section 104, the Division of Crim-             medical assistance payments including disproportionate share
inal Justice Services gives notice of a meeting of the Law Enforce-              payments. For the state fiscal years on and after April 1, 2009,
ment Agency Accreditation Council:                                               initial payments will be based on reported 2007 reconciled data,
                                                                                 adjusted for authorized Medicaid rate changes applicable to the
     Date: Thursday, June 11, 2009                                               state fiscal year, and further reconciled to actual reported data for
     Time: 10:00 a.m.                                                            2009 and to actual reported data for each respective succeeding
     Place: Four Tower Place                                                     year. Payments to eligible public general hospitals may be added
              Albany, New York                                                   to rates of payments or made as aggregate payments.

                                                                                                                                                  77
Miscellaneous Notices/Hearings                                                                             NYS Register/June 10, 2009

 D Continues, effective April 1, 2009 through March 31, 2011, hold-              and other non-comparable costs. Such statewide base prices will
   ing the operating component of rates of payment for patients as-              be periodically adjusted to reflect changes in provider coding
   signed to one of the twenty most common non-Medicare                          patterns, case-mix, and such other factors determined by the
   diagnosis-related groups (DRGs) to the lower of the facility                  Commissioner. Rates of payment and case mix factors will reflect
   specific blended operating cost component or the group average                2005 costs relating to services provided to Medicaid inpatients as
   operating cost price for all hospitals assigned to the same peer              determined by the applicable ratio of costs to charge
   group.                                                                        methodology. Rates will reflect the application of hospital
 D Continues, effective April 1, 2009 through March 31, 2011,                    specific wage equalization factors reflecting differences in wage
   certain cost containment initiatives that were enacted in Chapter             rates, and will be based on the All Patient Refined (APR) case
   81 of the Laws of 1995 and extended by subsequent legislation.                mix methodology, utilizing diagnostic related groups with as-
   The extended provisions are as follows: (1) hospital short stay               signed weights that incorporate differing levels of severity of
   adjustment factor remains at 100%; (2) hospital long stay adjust-             patient condition and associated risk of mortality, periodically
   ment factor remains at 50%; (3) hospital capital costs shall                  updated by the Commissioner.
   exclude 44% of major moveable equipment costs; (4) elimina-               D   Regulations will be proposed by the Commissioner of Health,
   tion of reimbursement of staff housing operating and capital                  establishing the methodology for the computation of general
   costs; (5) capital costs will be allocated between Medicare and               hospital case based inpatient rates. Such regulations may incorpo-
   non-Medicare payers based on the proportion of total days for                 rate quality related measures pertaining to potentially prevent-
   these payers; (6) budgeted capital inpatient costs of a general               able complications and re-admissions and will address adjust-
   hospital applicable to the rate year shall be decreased to reflect            ments based on the costs of high cost outlier patients.
   the percentage amount by which the budgeted costs for capital
   related inpatient costs of the hospital for the base year two years       D   Case based rates of payment shall continue to reflect trend factor
   prior to the rate year exceeded actual costs; (7) reimbursement of            adjustments based on the consumer price index adjustment factor
   based year inpatient administrative and general costs; and (8)                as provided in and otherwise modified by any applicable statute.
   elimination of NYPHRM rate enhancements for new technology                D   Regulations will provide for administrative rate appeals, only
   and universal precautions.                                                    with regard to the correction of computational errors or omis-
 D Continues, effective for periods April 1, 2009 through March 31,              sions of data, including hospital specific computations relating to
   2011, the 3.33% reduction to the average reimbursable operating               graduate medical education, wage equalization factor adjust-
   costs per discharge of a general hospital, excluding the costs of             ments and power equalization factor adjustments, and capital
   graduate medical education, to encourage improved productivity                cost reimbursement.
   and efficiency.                                                           D   Case based rates of payment for teaching general hospitals will
 D Continues, effective April 1, 2009 through March 31, 2011, an                 include reimbursement for direct and indirect graduate medical
   $89 million reduction per year in inpatient rates of payment for              education as defined and calculated in accordance with
   general hospital services to encourage improved productivity and              regulations. Such regulations will specify the reports and infor-
   efficiency.                                                                   mation required by the Commissioner to assess the cost, quality
                                                                                 and health system needs for medical education provided.
 D Continues, effective April 1, 2009 through March 31, 2011, to al-
   low an annual increase in the statewide average case mix of one           D   The base period reported costs and statistics used for case based
   percent per year in inpatient rates of payment. The increase in the           rate-setting operating cost components, including the weights as-
   statewide average case mix in the period January 1, 2000 through              signed to diagnostic related groups, will be updated no less
   December 31, 2000, from the statewide average case mix for the                frequently than every four years and the new base period will be
   period January 1, 1996 through December 31, 1996, shall not                   no more than four years prior to the first applicable rate period
   exceed 4% plus an additional 1% per year thereafter. This                     that utilizes such new base period.
   increase continues to be based on a comparison of data only for           D   There is no change to the capital cost reimbursement methodol-
   patients that are eligible for medical assistance including those             ogy used to determine such case based rates.
   patients enrolled in health maintenance organizations.                    D   These provisions will not apply to general hospitals or distinct
 D Effective April 1, 2009 through March 31, 2011, continues the                 units whose inpatient reimbursement does not, as of November
   provision that rates of payment for inpatient hospital services               30, 2009, reflect case based payment per diagnosis-related group
   shall not reflect trend factor projections or adjustments for the             (DRG) or whose reimbursement is, for periods on and after July
   period April 1, 1996 through March 31, 1997.                                  1, 2009, determined in the provisions noted above.
 D Continues for services on and after April 1, 2009 through March           D   For rate periods on and after December 1, 2009, additional adjust-
   31, 2011, the reimbursable operating cost component for general               ments to the inpatient rates of payment to eligible general
   hospital inpatient rates will be based on 2006 final trend factor             hospitals may be made to facilitate improvements in hospital
   equal to the final CPI less 0.25%.                                            operations and finances, in accordance with the following:
 D Effective for services rendered on and after April 1, 2009, rates             – General hospitals eligible for distributions will be non-public
   of payment for general hospitals shall reflect a zero trend factor               hospitals with Medicaid discharges equal to or greater than
   projection attributed to calendar year 2008. Furthermore, for ser-               17.5 percent for 2007.
   vices on and after April 1, 2009, the trend factor applicable for             – Funds distributed will be allocated to eligible hospitals pursu-
   the 2009 calendar year will be reduced to zero.                                  ant to a formula such that, no hospital's reduction in Medicaid
 D For the period April 1, 2009 through March 31, 2010, per diem                    inpatient revenue as a result of the application of these provi-
   and per discharge rates of payment for general hospital inpatient                sions exceeds a percentage reduction as determined by the
   services will be subject to a uniform reduction to achieve an an-                Commissioner. Funding will be available in aggregate pay-
   nual aggregate reduction of no less than $154 million. The                       ments of up to $75 million for the period December 1, 2009
   methodology used to achieve such reduction was previously                        through March 31, 2010; up to $33 million for the period April
   noticed on March 26, 2008.                                                       1, 2010 through March 31, 2011; up to $50 million for the pe-
 D For discharges, effective December 1, 2009, and thereafter, case                 riod April 1, 2011 through March 31, 2012; and up to $25 mil-
   based rates of payment for general hospitals will reflect certain                lion for the period April 1, 2012 through March 31, 2013.
   2005 operating costs as reported by each facility to the Depart-              – Payments made will not be subject to retroactive adjustment or
   ment prior to July 1, 2009. The rates will be computed based on                  reconciliation and will be added to rates of payments.
   the case mix neutral statewide base price applicable to each rate             – Each hospital receiving funds will, as a condition for eligibil-
   period, excluding adjustments for graduate medical education                     ity, adopt a resolution setting forth its current financial condi-
   costs, high cost outlier costs, and costs related to patient transfers,          tion and a plan for reforming and improving such financial

78
NYS Register/June 10, 2009                                                                           Miscellaneous Notices/Hearings

        condition, including ongoing board oversight, and will, after            the Department prior to July 1, 2009, adjusted for inflation in ac-
        two years, issue a report setting forth progress achieved regard-        cordance with existing statutory provisions and held to a ceiling
        ing such improvement, provided, however, if such report is not           of 110% of the regional average cost for all such services within
        issued and adopted, or if such report fails to set forth adequate        the region the hospital is located.
        progress, such facility may be deemed ineligible for further         D   Effective December 1, 2009, and thereafter, per diem inpatient
        distributions, which may be redistributed to other eligible              rates for Critical Access Hospitals (CAH's) will reflect the 2005
        facilities. Copies of all resolutions and reports will be provided       operating costs as reported to the Department prior to July 1,
        to the Commissioner.                                                     2009, adjusted for inflation in accordance with existing statutory
 D   The revised inpatient per discharge methodology will result in a            provisions and held to a ceiling of 110% of the average cost for
     statewide decrease in aggregate Medicaid payments of no less                CAH's statewide.
     than $75 million for the period December 1, 2009 through March          D   Effective December 1, 2009, and thereafter, for inpatient services
     31, 2010 and $225 million for the period April 1, 2010 through              provided by specialty long term acute care hospitals, and cancer
     March 31, 2011. The reductions are in addition to the prior year            hospitals designated as of December 31, 2008, the operating cost
     rate reduction.                                                             component will reflect the 2005 operating costs of each such
 D   The current authority to adjust Medicaid rates of payment for               hospital as reported to the Department prior to July 1, 2009 and
     non-public general hospitals to include an adjustment for recruit-          adjusted by inflation in accordance with existing statutory
     ment and retention of non-supervisory health care workers or any            provisions. There is no ceiling on such costs.
     worker with direct patient care responsibility will be extended         D   Effective December 1, 2009, and thereafter, for exempt acute
     through November 30, 2009. Aggregate payments for the period                care children's hospitals designated as such by the federal DHHS
     April 1, 2009 through November 30, 2009, will be $163.145                   as of December 31, 2008, for which a discrete institutional cost
     million.                                                                    report was filed for the 2007 calendar year, and which has
 D   In accordance with previously noticed provisions, payments for              reported Medicaid discharges greater than 50% of total discharges
     patients discharged on and after December 1, 2008, who are                  in such cost report, the following methodologies shall be in effect:
     determined to be in the diagnostic category of alcohol and                  – the operating cost component will reflect the use of 2007
     substance abuse (MDC 20, DRGs 743 through 751) will be made                    operating costs as reported to the Department prior to July 1,
     on a per diem basis. This includes inpatient detoxification, with-             2009 and adjusted by inflation in accordance with existing
     drawal, and observation services. The per diem rates of payment                statutory provisions, and further adjusted as the Commissioner
     will be computed using 2006 costs and statistics as reported to                deems appropriate, including transition adjustments. The
     the Department by general hospitals prior to 2008. Average cost                operating component may be on a per case or per diem basis as
     per diem for the region in which the hospital is located will be               set forth in regulations promulgated by the Commissioner.
     calculated with regard to cost incurred for patients requiring              – The base period reported operating costs used to establish
     medically managed detoxification services and medically super-                 inpatient rates for children's hospitals will be updated no less
     vised withdrawal services as defined by regulations adopted by                 frequently than every two years.
     the Office of Alcoholism and Substance Abuse. The per diem
     rates will be transitioned to 2006 costs and will be determined as      D   Effective December 1, 2009, and thereafter, such per diem rates
     follows:                                                                    for general hospitals or a distinct unit of a general hospital will
                                                                                 exclude physician's costs. Claims for Medicaid fee-for-service
     – For the period December 1, 2008 through March 31, 2009,                   payments for such physician's services may be submitted
        75% of the operating cost component will reflect the operating           separately.
        cost component of rates of payment effective for December
        31, 2007, as adjusted for inflation and otherwise modified by        D   There is no change to the capital cost reimbursement methodol-
        any applicable statutes, and 25% of such rates will reflect the          ogy used to determine such per diem rates of payment.
        use of the 2006 operating costs.                                     D   Regulations will be proposed by the Commissioner to implement
     – For the period April 1, 2009 through March 31, 2010, 37.5%                these provisions.
        of the operating cost component will reflect the operating cost      D   For general hospitals or distinct units of a general hospital
        component of rates of payment effective December 31, 2007,               without adequate cost experience, the operating cost component
        as adjusted for inflation and otherwise modified by any ap-              of the applicable per diem rate will be based on the lower of the
        plicable statutes, and 62.5% of such rates will reflect the use of       facility's or unit's inpatient budgeted operating costs per day,
        the 2006 operating costs.                                                adjusted to actual, or the applicable regional ceiling, if any.
     – For periods on and after April 1, 2010, 100% of the operating         D   For payment of alternate level of care (ALC) days of care, the
        cost component of the rates will be based on the 2006 operat-            operating cost component for physical medical rehab services,
        ing costs.                                                               chemical dependency rehab services, services provided by CAHs,
 D   Effective December 1, 2009, and thereafter, per diem rates for              and services provided by specialty long-term acute care hospitals,
     inpatient psychiatric services at a general hospital, or a distinct         with regard to ALC, will be computed based on the 1987 regional
     unit of a general hospital, shall be computed as follows:                   average operating cost component of rates of payment for
                                                                                 hospital-based residential health care facilities and trended to the
     – For rate periods on and after December 1, 2009, the Commis-               rate period, in accordance with existing methodology.
        sioner will promulgate regulations that establish a reimburse-
        ment methodology that utilizes the 2005 operating costs in a         D   Continues through November 30, 2009, an increase to rates of
        case mix adjusted per diem payment, provide for post-                    payment for hospital inpatient services by an amount not to
        discharge referral to outpatient services, and establish outpa-          exceed $60 million annually in the aggregate. This amount will
        tient rates for evaluation and pre-admission referrals.                  be allocated among those voluntary non-profit general hospitals,
                                                                                 which continue to provide inpatient services as of April 1, 2007,
     – Per diem rates of payment for reimbursement of psychiatric                and that have Medicaid discharge percentages equal to or greater
        services will reflect an aggregate net statewide increase of up          than 35%. This percentage shall be computed based on inpatient
        to $25 million on an annual basis.                                       discharge data reported in each hospital's 2004 cost report
     – There is no change to the capital cost reimbursement                      submitted on or before January 1, 2007. The rate adjustments
        methodology.                                                             shall be calculated by allocating the available funding proportion-
 D   Effective December 1, 2009, and thereafter, per diem rates for              ately based on each eligible hospital's total 2004 Medicaid
     inpatient medical rehabilitation services and inpatient chemical            discharges to the total 2004 Medicaid discharges of all eligible
     dependency rehabilitation services will reflect the 2005 operat-            hospitals. The rate adjustments calculated in accordance with this
     ing costs (not including direct medical education) as reported to           provision will be subject to reconciliation to ensure that each

                                                                                                                                                 79
Miscellaneous Notices/Hearings                                                                               NYS Register/June 10, 2009

     hospital receives in the aggregate its proportionate share of the       for the following categories of facilities will reflect the rates in effect
     full allocation. The adjustments may be added to rates of pay-          for such facilities on March 31, 2010, as adjusted for inflation in ac-
     ment or made in aggregate payments to eligible hospitals.               cordance with current statutory provisions:
Long Term Care Services                                                            – AIDS facilities or discrete AIDS units;
   D Continues, effective April 1, 2009 through March 31, 2011, the                – discrete units for residents receiving care in a long-term
     provision that rates of payment for RHCFs shall not reflect trend                inpatient rehabilitation program for traumatic brain injury;
     factor projections or adjustments for the period April 1, 1996                – discrete units providing specialized programs for residents
     through March 31, 1997.                                                          requiring behavioral interventions;
   D Extends current provisions to services on and after April 1, 2009             – discrete units for long term ventilator dependent residents; and
     through March 31, 2011, the reimbursable operating cost compo-                – facilities or discrete units that provide extensive nursing, medi-
     nent for RHCFs rates will be established with the final 2006 trend               cal, psychological and counseling support services for children.
     factor equal to the final CPI less 0.25%.                                  Such rates will remain in effect until the Department, in consulta-
   D Continues, effective April 1, 2009 through March 31, 2011, long-        tion with representatives of the nursing home industry, develops a
     term care Medicare maximization initiatives.                            regional pricing or alternative methodology for determining such rates.
   D Effective for services rendered on and after April 1, 2009, rates          Effective no later than the 2013 rate period, the operating compo-
     of payment for nursing home inpatient services except for nurs-         nent of the rates will be based on allowable costs from an annual cost
     ing home services provided to children shall reflect a zero trend       report period which is not earlier than three years prior to the initial
     factor projection attributed to calendar year 2008. Furthermore,        rate year. Thereafter, the operating component base year will be
     for services on and after April 1, 2009, the trend factor applicable    updated to be current no less frequently than every six years, provided,
     for the 2009 calendar year will be reduced to zero.                     however, that current shall mean that the operating components of the
   D Effective for periods on and after April 1, 2009 through March          initial rate year shall utilize updated base year costs for periods no
     31, 2010, the operating cost component of payment rates will            earlier than three years prior to the initial rate year, adjusted for
     reflect allowable operating costs as reported in each facility's        inflation.
     2002 cost reports, adjusted for inflation on an annual basis in ac-        The operating component of the rates will be adjusted to reflect a
     cordance with current statutory provisions. For those facilities        per diem add-on for the following patient categories:
     which do not receive a per diem add-on adjustment in 2008, rates              – each patient whose body mass index is greater than 35;
     will be further adjusted as determined by paragraph (a) of                    – each patient who qualifies under the RUG-III impaired cogni-
     subdivision 16 and of paragraph (a) of subdivision 14 of section                 tion and behavioral problems categories, or has been diagnosed
     3 of Part D of the Laws of 2009, and will not be less than the                   with Alzheimer's disease or dementia, and is classified in the
     operating component such facilities received in the 2008 rate pe-                reduced physical functions A, B, or C, or in behavioral
     riod, adjusted for inflation on an annual basis. Rates for facilities            problems A or B categories, and has an activities of daily liv-
     whose operating cost component reflects base year costs subse-                   ing index score of less than ten; and
     quent to January 1, 2002 will have rates computed utilizing al-               – each patient who qualifies for extended care as a result of
     lowable operating costs as reported in such subsequent base year                 traumatic brain injury as defined by applicable regulations.
     period, trended forward to the rate year in accordance with ap-
     plicable inflation factors.                                                D For the period on and after April 1, 2010, a quality of care incen-
                                                                                   tive pool may be established for eligible residential health care
   D Effective for the period April 1, 2010 through March 31, 2011,                facilities (RHCFs) in order to increase Medicaid rates of pay-
     the operating cost component of payment rates for inpatient ser-              ment for such eligible facilities. Aggregate payments will be
     vices provided by residential health care facilities the direct and           determined by the Commissioner by applying criteria, including,
     indirect components of the operating cost component of such                   but not limited to, the quality components of the minimum data
     rates will be computed on a regional basis, and will reflect allow-           set required under federal law, staffing and survey information,
     able operating costs as reported in each facility's 2007 cost                 and other facility data. Facilities that fall within one or more of
     reports, filed with the Department as of January 1, 2009, adjusted            the following categories during a review period will be excluded
     for inflation calculated in accordance with current statutory                 from award eligibility:
     provisions.
                                                                                   – any RHCF that is currently designated by the federal Centers
   The non-comparable component of the operating cost component                       for Medicare and Medicaid Services as a ‘‘special focus facil-
of such rates will be computed on a facility specific basis and will                  ity’’;
reflect allowable operating costs, as reported in each facility's 2007
cost reports filed with the Department as of January 1, 2009, as                   – any RHCF for which the Department has issued a finding of
adjusted for inflation in accordance with applicable statutes.                        immediate jeopardy during the most recently completed
                                                                                      federal fiscal year;
   Effective for periods on and after January 1, 2009, the capital
component of payment rates will fully reflect the cost of local prop-              – any RHCF that has received a citation for substandard quality
erty taxes, and payments made in lieu of local property taxes, as                     of care in the areas of quality of life, quality of care, resident
reported in each facility's cost report submitted for the year two years              behavior, and/or facility practices during the most recently
prior to the rate year.                                                               completed federal fiscal year;
   The direct component of the operating component of payment rates                – any RHCF that is part of a continuing care retirement com-
will be subject to a case mix adjustment through application of the                   munity;
Minimum Data Set (MDS) classification used by the federal govern-                  – any RHCF that operates as a transitional care unit; and
ment for Medicare payments to skilled nursing facilities to reflect                – any other exclusion deemed appropriate by the Commissioner.
patient services intensity and as may be further adjusted by the                In the event the total amount of funding allocated for a particular
Commissioner. Such adjustments will be made semi-annually in each            fiscal year is not distributed, funds shall be reserved and accumulated
calendar year, and both the adjustments and patient classifications in       from year to year so that remaining funds at the end of a particular fis-
each facility will be subject to audit review in accordance with regula-     cal year will be available for distribution during the following fiscal
tions promulgated by the Commissioner of Health.                             year.
   Effective on and after April 1, 2010, rates of payment will, except          D For periods beginning April 1, 2010, additional transition adjust-
for the establishment of regional prices, be calculated utilizing only             ments may be made to payment rates for residential health care
the number of patients reported in each patient classification group               facilities to facilitate improvements in residential health care fa-
and eligible for Medicaid.                                                         cilities (RHCFs) operations and finances in accordance with the
   Effective April 1, 2010, the operating component of payment rates,              following:

80
NYS Register/June 10, 2009                                                                               Miscellaneous Notices/Hearings

      – RHCFs eligible for distributions will be those non-public fa-         revenues for the period to the total revenues reported by the sponsor-
         cilities and state operated public residential health care facili-   ing hospital, and such apportioned average annual operating loss will
         ties, which have an average annual Medicaid utilization per-         be further reduced by an amount equal to the amount received by such
         centage of 50% or greater, for the period two years prior to the     facility.
         rate year, and which experience a reduction in their Medicaid           D For periods on and after April 1, 2009, the financially distressed
         revenue of a percentage as a result of the application of                  assistance distributions will not be reduced by a facility's
         regional pricing.                                                          estimated benefit of the 2001 update to the regional input price
      – Transition funds distributed will be allocated based on each                adjustment factors. In addition, the amount of each facility's dis-
         eligible facility's relative need. Payments made will not be               tribution will be limited to no more than $1 million for the period
         subject to retroactive adjustment or reconciliation and may be             April 1, 2009 through December 31, 2009 and for each annual
         added to payment rates or made as lump sum payments.                       rate period thereafter.
      – As a condition for eligibility for receiving such funds, each            The total amount of funds to be allocated and distributed as medical
         RHCF will adopt a resolution of the Board of Directors or            assistance for financially disadvantaged RHCF rate adjustments to
         submit a report by the owner acceptable to the Commissioner          eligible facilities will be $30 million on an annualized basis on and af-
         setting forth its current financial condition and a plan for         ter January 1, 2009.
         reforming and improving such financial condition, including             For periods on and after April 1, 2009, RHCFs which are eligible
         ongoing board or owner oversight, and will after two years, is-      for financially disadvantaged rate adjustments will, as a condition for
         sue a report, adopted by such board or issue a further accept-       receipt of such rate adjustments, submit to the Commissioner a written
         able report by the owner setting forth progress achieved             restructuring plan that is in accordance with the following:
         regarding such improvement, provided, however, if such fur-                – The plan will be submitted to the Commissioner within 60 days
         ther report is not submitted or fails to set forth adequate prog-             of the facility's receipt of the rate adjustments for a rate period
         ress, such facility may be deemed ineligible for further                      subsequent to March 31, 2008, provided, however, facilities
         distributions which may be redistributed to other eligible                    which are allocated $400,000 or less on an annualized basis
         facilities. Copies of all such resolutions and reports will be                shall be required to submit such plans within 120 days, and
         provided to the Commissioner.                                                 further provided that these periods may be extended by the
   D Such rates will be adjusted to reflect appropriate cost differentials             Commissioner by no more than 30 days, for good cause shown;
      related to direct care staffing and adjustments made be made to               – The plan will provide a detailed description of the steps the fa-
      the direct component of the operating cost component of such                     cility will take to improve operational efficiency and align its
      rate, through a quality of care incentive pool or using such other               expenditures with its revenues, and will include a projected
      mechanism deemed appropriate by the Commissioner, after                          schedule of quantifiable benchmarks to be achieved in the
      consideration of any recommendation and discussions of the                       implementation of the plan;
      established workgroup.
                                                                                    – The plan will require periodic reports to the Commissioner, in
   D Effective April 1, 2009, the Department will only review admin-                   accordance with a schedule acceptable to the Commissioner,
      istrative rate appeals for the correction of computational errors or             setting forth the progress the facility has made in implementa-
      omissions of data by the Department in determining the operat-                   tion its plan; and
      ing rate based upon the information provided to the Department
      prior to the computation of the rate, capital cost reimbursement,             – The plan will include the facility's retention of a qualified chief
      or such reasons as the Commissioner determines are appropriate.                  restructuring officer to assist in the implementation of the plan,
      Any revisions made to a facility's annual cost report for operat-                provided, however, that this requirement be waived by the
      ing rate adjustment purposes later than the due date established                 Commissioner, for good cause shown, upon written applica-
      by the Commissioner will not be considered.                                      tion by the facility.
   D Effective for rate periods on and after April 1, 2009, rate of pay-         If a RHCF fails to submit an acceptable restructuring plan in accor-
      ment for eligible RHCFs, excluding public facilities, will reflect      dance with these provisions, the facility will, from that time forward,
      an adjustment for financially disadvantaged assistance. Eligibil-       be precluded from receipt of all further financially disadvantaged rate
      ity for such adjustment will continue to be determined based on         adjustments and will be deemed ineligible from any future re-
      RHCFs operating margin over the most recent three-year period           application for such adjustments. Further, if the Commissioner
      for which data is available. Disqualification from such adjust-         determines that a facility has failed to make substantial progress in
      ment continues to include any facility with a positive operating        implementing its plan or in achieving the benchmarks set forth in such
      margin, a negative operating margin that is within the quartile of      plan, then the Commissioner may, upon 30 days notice to that facility,
      the smallest margins, a positive margin in the most recent year of      disqualify the facility from further participation in the rate adjust-
      the three year period, or an average Medicaid utilization percent-      ments, and the Commissioner may require the facility to replay some
      age of 50% or less during the most recent year of the three-year        or all of the previous rate adjustments.
      period. However, disqualification will not be applied solely on            D Effective April 1, 2009, rates of payment for inpatient services
      the basis of a positive margin in the most recent year of such                provided by RHCFs, in determining the operating component of
      three-year period. Additionally, disqualification will include any            a facility's rate for care provided for an AIDS patient in a RHCF
      facility with a negative operating margin within the quartile with            designated as an AIDS facility or discrete AIDS unit, the operat-
      the second smallest margins; and any facility with an average                 ing component will not reflect an occupancy factor increase.
      Medicaid utilization percentage of less than 70% during the most        Non-Institutional Services
      recent year of the three-year period.                                      D Continues, effective April 1, 2009, and thereafter, the provision
   Determination of the operating loss for eligibility continues to be              that payments for hospital-based and freestanding ambulatory
based on the average of the three-year period and will be calculated by             surgery center services will be at the rates in effect as of March
subtracting total operating expenses for the three-year period from                 31, 2003.
total operating revenues for the that period, provided, however, on and          D Continues, effective April 1, 2009 through March 31, 2011,
after April 1, 2009, such average loss will be reduced by an amount                 certain cost containment initiatives currently in effect for
equal to the amount of financially distressed funds received by each                Medicaid rates of payment. These are as follows: diagnostic and
facility.                                                                           treatment center rate freeze, including products of ambulatory
   For hospital-based RHCFs, for which the average loss cannot be                   care; diagnostic and treatment center and certified home health
calculated on the basis of submitted costs reports, the sponsoring                  agency administrative and general cost reimbursement limits,
hospital's overall average loss for the three-year period will be ap-               home health care Medicare maximization initiatives; hospital
portioned to the RHCF based on the proportion of the RHCF's total                   outpatient and emergency department reimbursement reductions

                                                                                                                                                      81
Miscellaneous Notices/Hearings                                                                           NYS Register/June 10, 2009

     attributable to exclusion of 44% of major moveable equipment                 any, under the Mental Health Law, and 25% of the operating
     capital costs and elimination of staff housing costs; and adult day          component will reflect the utilization of the APG reimburse-
     health care reimbursement caps.                                              ment methodology.
 D   Extends current provisions to services on and after April 1, 2009         – For the period January 1, 2010 through December 31, 2010,
     through March 31, 2011, the reimbursable operating cost compo-               50% of the operating cost component of payment rates will
     nent for general hospital outpatient rates and adult day health              reflect the average 2007 Medicaid payment per claim and 50%
     care services provided by RHCFs will be established with the                 of will reflect the utilization of the APG reimbursement
     2006 final trend factor equal to the final CPI less 0.25%.                   methodology.
 D   Effective for services rendered on and after April 1, 2009, rates         – For the period January 1, 2011 through December 31, 2011,
     of payment for hospital outpatient services; home health services,           25% of the operating cost component of payment rates will
     including services provided to home care patients diagnosed with             reflect the average 2007 Medicaid payment per claim, and 75%
     AIDS; personal care services, in those social services districts,            of such rates of payments will, for the operating cost compo-
     including New York city, whose rates of payment for such ser-                nent, will reflect the utilization of the APG reimbursement
     vices are issued by such social services districts pursuant to a             methodology.
     rate-setting exemption; adult day health care services; and as-           – For periods on and after January 1, 2012, 100% of such pay-
     sisted living services shall reflect a zero trend factor projection          ment rates will reflect the utilization of the APG reimburse-
     attributed to calendar year 2008. Furthermore, for services on               ment methodology.
     and after April 1, 2009, the trend factor applicable for the 2009     D   If the Commissioner determines that the use of the APG method-
     calendar year will be reduced to zero.                                    ology is not, or is not yet, appropriate or practical for specified
 D   For facilities designated by the federal department of health and         services, the Commissioner may use existing payment method-
     human services as exempt acute care children's hospitals as of            ologies for such services, or may establish alternative payment
     December 31, 2008, for which a discrete institutional cost report         methodologies for such services or may promulgate regulations,
     was filed for the 2007 calendar year, and which has reported              and may promulgate emergency regulations, establishing alterna-
     Medicaid discharges greater than 50% of total discharges in such          tive payment methodologies for such services.
     cost report, the following shall be required:                         D   The APG payment methodology may incorporate payment for
 D   Effective December 1, 2009, the operating component of outpa-             services provided by facilities pursuant to licensure under the
     tient specialty rates of hospitals will reflect the use of 2007           Mental Hygiene Law, provided such APG payment methodology
     operating costs as reported to the Department prior to December           may be phased into effect in accordance with a schedule or
     1, 2008, and shall include such adjustments as the Commissioner           schedules as jointly determined by the Commissioner of Mental
     deems appropriate.                                                        Health, the Commissioner of Alcoholism and Substance Abuse
     – The base period reported operating costs used to establish              Services, and the Commissioner of Mental Retardation and
        outpatient rates will be updated no less frequently than every         Developmental Disabilities.
        two years and each such hospital will submit such additional       D   Rates of payment for general hospital outpatient services, general
        data as the Commissioner may require to assist in the develop-         hospital emergency services and ambulatory surgical services
        ment of ambulatory patient groups (APGs) rates for such                provided by a general hospital will result in an aggregate increase
        hospitals' outpatient specialty services.                              from $178 million on an annualized basis for the period April 1,
 D   Medicaid payments under the Ambulatory Patient Group (APG)                2009 through November 30, 2009 and $270 million on an an-
     methodology for general hospital outpatient services, including           nualized basis, for periods thereafter. Such amounts may be
     ambulatory surgery services, and freestanding clinic services,            adjusted to reflect projected decreases in fee-for-service Medicaid
     including freestanding ambulatory surgery centers, shall be in ac-        utilization and changes in case-mix with regard to such services
     cordance with the following:                                              from the 2007 calendar year to the applicable rate year. Funds
     – General Hospital Outpatient Services: for the period December           made available as a result of any decreases may be used by the
        1, 2008 through November 30, 2009, 75% of the operating                Commissioner to increase capitation rates paid to Medicaid man-
        component of such payment rates will reflect the 2007 average          aged care plans and Family Health Plus plans to cover increased
        Medicaid payment per claim, for each hospital, for services            payments to health care providers for ambulatory care services
        provided by that hospital in the 2007 calendar year excluding          and to increase such other ambulatory care payment rates neces-
        payments for services covered by the facility's licensure, if          sary to facilitate access to quality ambulatory care services.
        any, under the Mental Hygiene Law, and 25% of the operating        D   Rates of payment for diagnostic and treatment center services
        component will reflect the utilization of the Ambulatory               will result in an aggregate increase of $12.5 million on an an-
        Patient Group (APG) reimbursement methodology.                         nualized basis for the period March 1, 2009 through November
     – For the period December 1, 2009 through December 31, 2010,              30, 2009, and $50 million on an annualized basis for periods
        50% of the operating component of such payment rates will              thereafter.
        reflect the 2007 average Medicaid payment per claim and 50%        D   The following additional services provided by general hospital
        of the operating component will reflect the utilization of the         outpatient departments and freestanding clinics will be reim-
        APG reimbursement methodology.                                         bursed with rates of payment based entirely on the APG
     – For the period January 1, 2011 through December 31, 2011,               methodology:
        25% of the operating component of such payment rates will              – Effective for dates of service on and after March 1, 2009,
        reflect the 2007 average Medicaid payment per claim and 75%               smoking cessation counseling services provided to pregnant
        of the operating component will reflect the utilization of the            women on any day of her pregnancy, during a medical visit
        APG reimbursement methodology.                                            provided by a general hospital outpatient department or a
     – For periods on and after January 1, 2012, 100% of such pay-                freestanding clinic.
        ment will reflect the utilization of the APG reimbursement             – On and after January 1, 2010, smoking cessation counseling
        methodology.                                                              services for post-partum women will be available through the
     – Freestanding clinics including freestanding ambulatory surgery             end of the month in which the one hundred eightieth day fol-
        centers: for the period March 1, 2009 through December 1,                 lowing the end of the pregnancy occurs, during a medical visit.
        2009, 75% of the operating cost component of payment rates             – On and after January 1, 2010, cardiac rehabilitation services
        will reflect the average 2007 calendar year Medicaid payment              when ordered by the attending physician and provided in a
        per claim, for services provided by that facility excluding any           hospital-based or free-standing clinic in an area set aside for
        payments for services covered by the facility's licensure, if             cardiac rehabilitation.

82
NYS Register/June 10, 2009                                                                       Miscellaneous Notices/Hearings

     – On and after January 1, 2010, smoking cessation counseling              home models, physicians, hospitals, clinics, health plans and
        services will also be available to children and adolescents ten        consumers and their representatives.
        to nineteen years of age, during a medical visit.                   – For this program, clinics will mean any general hospital
     – Effective June 1, 2009, immunizations provided by hospital              providing outpatient care or a diagnostic and treatment center
        outpatient departments and diagnostic and treatment clinics.           licensed under Article 28 of the PHL.
 D   For periods on or after October 1, 2009, the Commissioners of          – To maintain certification, patient centered medical homes
     Mental Health and Health, subject to the approval of the Director         must: renew their certification at a frequency determined by
     of the Budget, are jointly authorized to implement and enhance            the Commissioner; and provide data to the Department and to
     funding of the APG reimbursement methodology, for determin-               health plans to permit the Commissioner, or his contractor or
     ing rates of payment for outpatient clinic services rendered by           designee, to evaluate the impact of health care homes on qual-
     providers pursuant to their licensure under Article 31 of the             ity, outcomes, and cost.
     Mental Hygiene Law. Regulations will be proposed by the Com-           – Enhanced rates of payment may be made to clinics and clini-
     missioner of Mental Health, subject to the approval of the Com-           cians that are certified as patient centered medical homes. Such
     missioner of Health, and the Director of the Budget, to reflect           enhancements may be tiered based on the level of standard
     utilization of the APG reimbursement methodology.                         achieved by the clinician or clinic and will be made to patient
 D   For periods on or after October 1, 2009, the Commissioners of             centered medical homes that meet specific process or outcome
     Health and Mental Retardation and Developmental Disabilities,             standards.
     subject to the approval of the Director of the Budget, are jointly     – On or before December 31, 2012, the Commissioner will
     authorized to implement the APG reimbursement methodology                 report to the Governor and the Legislature on the impact of the
     for clinic services rendered by providers pursuant to their               Statewide Patient Centered Medical Home Program on qual-
     licensure under Article 16 of the Mental Hygiene Law. Regula-             ity, cost, and outcomes for enrollees in Medicaid fee-for-
     tions will be proposed by the Commissioner of Mental Retarda-             service, Medicaid managed care, Family Health Plus and Child
     tion and Developmental Disabilities, subject to the approval of           Health Plus.
     the Commissioner of Health and Director of the Budget, to reflect
     utilization of the APG reimbursement methodology.                    D Effective December 1, 2009, to promote improved quality of,
                                                                            and access to health care services, and improved clinical out-
 D   For periods on or after October 1, 2009, the Commissioners of          comes to residents in the upper northeastern region of New York,
     Health and Alcoholism and Substance Abuse Services, subject to         through patient care continuity and coordination of services,
     the approval of the Director of the Budget, are jointly authorized     under the Adirondack Medical Home Multipayor Program, the
     to implement and enhance funding for determining rates of pay-         Commissioner is authorized to certify certain clinicians and clin-
     ment for outpatient clinic services rendered pursuant to provid-       ics in the upper northeastern region of New York as medical
     ers' operating certificates under Article 32 of the Mental Hygiene     homes. Providers will be eligible for enhanced payments for ser-
     Law. Regulations will be proposed by the Commissioner of               vices provided to: recipients eligible for Medicaid fee-for-
     Alcoholism and Substance Abuse Services, subject to the ap-            service; persons enrolled in Medicaid HMOs or Family Health
     proval of the Commissioner of Health and the Director of the           Plus; enrollees eligible for Child Health Plus and in approved
     Budget, to reflect the utilization of the APG reimbursement            organizations; enrollees and subscribers of commercial managed
     methodology.                                                           care plans organized and operating in accordance with Article 43
 D   Effective for dates of service on and after July 1, 2009, APG          of the Insurance Law or other commercial insurers; and employ-
     base-rates for hospital outpatient, emergency department and           ees of employer-sponsored self-insured plans.
     ambulatory surgery services will be updated to reflect more cur-       – Under the active supervision of the Commissioner, the policy
     rent data relative to utilization and case-mix in order to align          will be to encourage cooperative, collaborative and integrative
     reimbursement to statutorily required investment amounts. The             arrangements between health care services payors and provid-
     initial update will be based on Medicaid APG claims data from             ers who might otherwise be competitors. To the extent such ar-
     the December 1, 2008, through April 30, 2009 period.                      rangements might be anti-competitive under federal anti-trust
 D   Effective for dates of service on and after December 1, 2009, for         laws, the intent is to supplant competition to the extent neces-
     hospital outpatient, emergency department and ambulatory                  sary and to provide state action immunity under the state and
     surgery services, APG base rates and related aspects of the APG           federal antitrust laws with respect to planning; implementation
     payment system will be updated to reflect Medicaid APG claims             and operation of the Adirondack Medical Home Multipayor
     data from the most recent twelve month period.                            Program; and health care services payors and providers.
 D   Effective for dates of service on and after January 1, 2010, for       – The Commissioner or his designee may engage in appropriate
     hospital outpatient, emergency department and ambulatory                  state supervision necessary to promote state action immunity
     surgery services, APG base rates, APG relative weights and re-            under the state and federal antitrust laws, and may inspect or
     lated aspects of the APG payment system will be updated to                request additional documentation to verify the program is
     reflect Medicaid APG claims data from the most recent twelve              implemented in accordance with its intent and purpose.
     month period.                                                          – The Commissioner is authorized to participate in, actively
 D   Effective December 1, 2009, to improve health outcomes and ef-            supervise, facilitate, and approve a primary care health care
     ficiency through patient care continuity and coordination of              home collaborative with health care services providers, which
     health services, the Commissioner is authorized to certify certain        may include hospitals, freestanding clinics, private practices,
     clinicians and clinics as health care homes. Providers will be            and health care services payors including employers, health
     eligible for enhanced payments for services provided to: recipi-          plans, and insurers, to establish: the boundaries of the program
     ents eligible for Medicaid fee-for-service, persons enrolled in           and the providers eligible to participate; practice standards for
     Medicaid HMOs or Family Health Plus; and enrollees eligible               medical home professional organizations including the joint
     for Child Health Plus and in approved organizations.                      principles of the American College of Physicians (ACP), the
     – On or before December 1, 2009, under the Statewide Patient              American Academy of Family Physicians (AAFP), the Ameri-
        Centered Medical Home Program, standards of certification              can Academy of Pediatrics (AAP), the American Osteopathic
        for patient centered medical homes for Medicaid fee-for-               Association (AOA), and as further defined by Patient-Centered
        service and Medicaid managed care, Family Health Plus and              Medical Home, as represented in certification programs
        Child Health Plus programs will be developed and imple-                developed by the National Committee for Quality Assurance
        mented considering existing standards developed by national            (NCQA); methodologies by which payors will provide en-
        accrediting and professional organizations; and consulting             hanced rates of payment to certified medical homes; and
        with national and local organizations working on medical               methodologies to pay additional amounts for medical homes

                                                                                                                                            83
Miscellaneous Notices/Hearings                                                                              NYS Register/June 10, 2009

        that meet specific process or outcome standards established by               50% of the operating component of such payment rates will
        the Adirondack Medical Home Collaborative.                                   reflect the 2007 average Medicaid payment per claim and 50%
     – Patient and health care services provider participation in the                of the operating component will reflect the utilization of the
        program will be on a voluntary basis. Clinics and clinicians                 APG reimbursement methodology.
        participating in the program are not eligible for additional              – For the period January 1, 2011 through December 31, 2011,
        enhancements or bonuses under the Statewide Medical Home                     25% of the operating component of such payment rates will
        program for services provided to participants in Medicaid fee-               reflect the 2007 average Medicaid payment per claim and 75%
        for-service, Medicaid managed care, Family Health Plus or                    of the operating component will reflect the utilization of the
        Child Health Plus.                                                           APG reimbursement methodology.
  Enhanced rates of payment may be made to clinics and clinicians                 – For periods on and after January 1, 2012, 100% of such pay-
that are certified as medical homes under this program. Additional                   ment will reflect the utilization of the APG reimbursement
payment amounts will be made to medical homes that meet specific                     methodology.
process or outcome standards specified by the Commissioner, in                    – Freestanding clinics including freestanding ambulatory surgery
consultation with the Adirondack Medical Home Collaborative.                         centers: for the period March 1, 2009 through November 30,
  D Effective April 1, 2009, distributions will be made to public gen-               2009, 75% of the operating cost component of payment rates
     eral hospitals located in a city with a population over one million             will reflect the average 2007 calendar year Medicaid payment
     persons, other than those hospitals operated by the State or the                per claim, for services provided by that facility excluding any
     State University system, for those hospitals which experienced                  payments for services covered by the facility's licensure, if
     free patient visits in excess of 20% of the total free and self pay             any, under the Mental Health Law, and 25% of the operating
     visits, and uninsured losses in excess of 75% of the total inpatient            component will reflect the utilization of the APG reimburse-
     and outpatient losses as reported in the 1999 ICR. Such distribu-               ment methodology.
     tions will be based on each eligible hospital's proportionate share          – For the period December 1, 2009 through December 31, 2010,
     of Medicaid outpatient visits to the total of all Medicaid outpatient           50% of the operating cost component of payment rates will
     visits for all eligible hospitals. The proportionate distributions              reflect the average 2007 Medicaid payment per claim and 50%
     may be added to the rates or made in aggregate payments.                        of will reflect the utilization of the APG reimbursement
  D Additional payments of $7.388 million in aggregate, for the pe-                  methodology.
     riod October 1, 2009 through December 31, 2009, will be made                 – For the period January 1, 2011 through December 31, 2011,
     to qualifying diagnostic and treatment centers to reflect additional            25% of the operating cost component of payment rates will
     costs associated with the operation of electronic health records                reflect the average 2007 Medicaid payment per claim, and 75%
     systems that meet such standards as established by the                          of such rates of payments will, for the operating cost compo-
     Commissioner.                                                                   nent, will reflect the utilization of the APG reimbursement
  D Additional payments of $224,000 in aggregate, for the period                     methodology.
     October 1, 2009 through December 31, 2009, will be made to                   – For periods on and after January 1, 2012, 100% of such pay-
     freestanding facilities, sponsored by a university or dental school,            ment rates will reflect the utilization of the APG reimburse-
     which have been granted an operating certificate under Article                  ment methodology.
     28 of the Public Health Law and which provide dental services as
     their principal mission.                                                Prescription Drugs
  D Effective for periods on and after April 1, 2009, rates of payment         D Effective June 1, 2009, based upon the federal Centers for
     for diagnostic and treatment centers, certified home health agen-            Medicare and Medicaid Services approval of the State's request
     cies and personal care providers providing adult day health care             for a section 1915(b) waiver, the State proposes to include cover-
     services to patients diagnosed with AIDS as defined by ap-                   age of pilot medication therapy management (MTM) services
     plicable regulations, the Commissioner will apply trend factors              provided by qualified MTM pharmacists. MTM services consist
     using existing methodology, except that such trend factors will              of one-on-one medication regimen counseling services for
     not be applied to services for which rates of payment are estab-             eligible Medicaid beneficiaries provided by a qualified MTM
     lished by the Commissioner of Mental Hygiene.                                pharmacist for purposes of improving overall health outcomes
                                                                                  and decreasing overall health care costs. MTM services may be
  D Effective on and after April 1, 2009, the operating component of              billed by a Medicaid MTM-designated pharmacy. Reimburse-
     payment rates, for adult day health care services provided by                ment for MTM services will be available at rates established by
     RHCFs, that have not achieved an occupancy rate of 90% or                    the State Division of the Budget. A beneficiary shall be eligible
     greater for a calendar year prior to January 1, 2009, or for                 for one new patient visit per lifetime, a maximum of six estab-
     programs that achieved an occupancy percentage of 90% or                     lished patient visits per 12-month period, and a maximum of 12
     greater prior to the 2004 calendar year but in such year had an              supplemental claims per 12-month period. The rates are as
     approved capacity that was not the same as in the 2004 calendar              follows:
     year, will be calculated using 2009 reported allowable costs
     divided by visits imputed at actual or 90%, whichever is greater.
                                                                                CPT                        Description                    Amount
The following significant changes are proposed:                                Codes
  D Medicaid payments under the Ambulatory Patient Group (APG)                 99605       New Enrollee (initial 15 minutes) - max of 1    $ 35.00
     methodology for general hospital outpatient services, including                                     claim per lifetime
     ambulatory surgery services, and freestanding clinic services,            99606        Established Enrollee (initial 15 minutes) -    $ 25.00
     including freestanding ambulatory surgery centers, shall be in ac-                            max of 6 claims in 12 months
     cordance with the following:
                                                                               99607       Code to be used with either 99605 or 99606      $ 15.00
     – General Hospital Outpatient Services: for the period December                        (additional 15 minutes) - max of 12 claims
        1, 2008 through November 30, 2009, 75% of the operating                              in 12 months (with no more than 3 claims
        component of such payment rates will reflect the 2007 average                                        per visit)
        Medicaid payment per claim, for each hospital, for services
        provided by that hospital in the 2007 calendar year excluding          The estimated annual net aggregate decrease in gross Medicaid
        payments for services covered by the facility's licensure, if        expenditures attributable to this proposed initiative for state fiscal
        any, under the Mental Hygiene Law, and 25% of the operating          year 2009/2010 is $38.4 million.
        component will reflect the utilization of the Ambulatory               Copies of the proposed state plan amendments will be on file in
        Patient Group (APG) reimbursement methodology.                       each local (county) social services district and available for public
     – For the period December 1, 2009 through December 31, 2010,            review.

84
NYS Register/June 10, 2009                                                                          Miscellaneous Notices/Hearings

  For the New York City district, copies will be available at the fol-     abandoned contributions. In the event such claim is properly made the
lowing places:                                                             State Comptroller shall pay over to the person or persons or estate
                                                                           making the claim such amount of such accumulated contributions
New York County                                                            without interest.
250 Church Street                                                          Baerya, Carl - Bronx, NY
New York, New York 10018
                                                                           Barnes, Roderick C - Oriskany Falls, NY
Queens County, Queens Center                                               Baxter, Jeffrey - New York, NY
3220 Northern Boulevard                                                    Cangemi, Judith A - Rocky Point, NY
Long Island City, New York 11101                                           Epps, Munford C - Albany, NY
Kings County, Fulton Center                                                Jaeger, Paul M - Sag Harbor, NY
114 Willoughby Street                                                      Kaehler, Mary C - Albany, NY
Brooklyn, New York 11201                                                   Kelly, Dennis J - Jordan, NY
Bronx County, Tremont Center                                               Laurent, Robert - Brentwood, NY
1916 Monterey Avenue                                                       Matherson, Wilbert S - Pleasantville, NJ
Bronx, New York 10457                                                      Robinson, Charles E - Plattsburgh, NY
                                                                           Scott, Tampa D - Chandler, AZ
Richmond County, Richmond Center                                           Spear, Robert W - Buffalo, NY
95 Central Avenue, St. George
                                                                           Tyler, Rosalind R - Poughkeepsie, NY
Staten Island, New York 10301
                                                                           Virzi, Frank A - Winter Haven, FL
   The public is invited to review and comment on this proposed state      Wells, Tad - Jamaica, NY
plan amendment.                                                            Zeller, Scott S - Gouverneur, NY
   For further information and to review and comment, please contact:
Philip N. Mossman, Department of Health, Bureau of HCRA Opera-
tions & Financial Analysis, Corning Tower Bldg., Rm. 984, Empire                                  PUBLIC NOTICE
State Plaza, Albany, NY 12237, (518) 474-1673, (518) 473-8825                       New York State and Local Retirement System
(FAX), PNM01@health.state.ny.us                                               Pursuant to Retirement and Social Security Law, the New York
                                                                           State and Local Employees' Retirement System hereby gives public
                       PUBLIC NOTICE                                       notice of the following:
                          Monroe County                                       The persons whose names and last known addresses are set forth
                                                                           below appear from records of the above named Retirement System to
   The Monroe County Deferred Compensation Plan Committee is               be entitled to accumulated contributions held by said retirement
soliciting proposals from firms to provide investment advisory ser-        system whose membership terminated pursuant to Section 613 of the
vices for our Deferred Compensation 457 Plan. The Plan is subject to       Retirement and Social Security Law on or before July 31, 2007. This
the Rules and Regulations of the New York State Deferred Compensa-         notice is published pursuant to Section 109 of the Retirement and
tion Board, Part 9000.                                                     Social Security Law of the State of New York. A list of the names
   A copy of the proposal questionnaire may be obtained from:              contained in this notice is on file and open to public inspection at the
Brayton M. Connard, Chairman, Monroe County Deferred Compensa-             office of the New York State and Local Retirement System located at
tion Committee, 39 Main St., W, 210 County Office Bldg., Rochester,        the 110 State St, in the City of Albany, New York. At the expiration of
NY 14614, (585) 753-1747                                                   six months from the date of the publication of this notice. The ac-
   Five copies plus one original of the proposal should be received no     cumulated contributions of the persons so listed shall be deemed
later than 5:00 p.m. on July 1, 2009 to Brayton Connard at the above       abandoned and shall be placed in the pension accumulation fund to be
address. Late proposals will not be considered.                            used for the purpose of said fund. Any accumulated contributions so
                                                                           deemed abandoned and transferred to the pension accumulation fund
                                                                           may be claimed by the persons who made such accumulated contribu-
                       PUBLIC NOTICE                                       tions or, in the event of his death, by his estate or such person as he
         New York State and Local Retirement System                        shall have nominated to receive such accumulated contributions, by
   Pursuant to Retirement and Social Security Law, the New York            filing a claim with the State Comptroller in such form and in such a
State and Local Employees' Retirement System hereby gives public           manner as may be prescribed by him, seeking the return of such
notice of the following:                                                   abandoned contributions. In the event such claim is properly made the
   The persons whose names and last known addresses are set forth          State Comptroller shall pay over to the person or persons or estate
below appear from records of the above named Retirement System to          making the claim such amount of such accumulated contributions
be entitled to accumulated contributions held by said retirement           without interest.
system whose membership terminated pursuant to Section 517-a of            Abatemarco,Michelle - Sea Cliff,NY
the Retirement and Social Security Law on or before July 31, 2007.         Abdul-Karim,Nisaa - Windsor Mill,MD
This notice is published pursuant to Section 109 of the Retirement and     Abe,Chiaki - New York,NY
Social Security Law of the State of New York. A list of the names          Abrahamsen,Gary H - Riverhead,NY
contained in this notice is on file and open to public inspection at the   Abrahamsen,Steven J - Flanders,NY
office of the New York State and Local Retirement System located at
the 110 State St, in the City of Albany, New York. At the expiration of    Adams,Victor - Highland Falls,NY
six months from the date of the publication of this notice. The ac-        Adevoso,Brandon - Manassas,VA
cumulated contributions of the persons so listed shall be deemed           Afanador,Iris D - Raleigh,NC
abandoned and shall be placed in the pension accumulation fund to be       Agrillo,Richard S - Planview,NY
used for the purpose of said fund. Any accumulated contributions so        Albert,D'Andre T - Mount Vernon,NY
deemed abandoned and transferred to the pension accumulation fund          Alesse,Katherine R - North Tonawanda,NY
may be claimed by the persons who made such accumulated contribu-
                                                                           Allen Brown,Orianna E - Villa Rica,GA
tions or, in the event of his death, by his estate or such person as he
shall have nominated to receive such accumulated contributions, by         Allums,Deborah Baker - Yonkers,NY
filing a claim with the State Comptroller in such form and in such a       Alonzo,Constance M - Saratoga Springs,NY
manner as may be prescribed by him, seeking the return of such             Altomari,Marla - Hurley,NY

                                                                                                                                               85
Miscellaneous Notices/Hearings                                         NYS Register/June 10, 2009

Alvarado,Anita - Haverstraw,NY              Biasi,Michael W - Montgomery,NY
Alves,Desham - Middletown,NY                Billings,Kari L - Hilton,NY
Alzibady,Sabah - Port Chester,NY            Birchmeier,Amy A - Clarence Center,NY
Amadore,Anissa J - Depew,NY                 Black,Susan M - Rome,NY
Anderson,Cornell A - Rosedale,NY            Blanco,Archangel A - Spring Valley,NY
Andreas,Charles E - Northport,NY            Bonet,Diane - Brooklyn,NY
Andreoli,Michele - Port Chester,NY          Booker,Steve W - Spartanburg,SC
Antczak,Karen M - Syracuse,NY               Booth,Gregory - Ellsworth,ME
Arbeiter,Cynthia J - Calverton,NY           Bovan,Richard K - Mount Vernon,NY
Arguelles,Oscar K - Orangeburg,NY           Bowen,R Michael - Newfield,NY
Arias-Brown,Beatriz - Sayville,NY           Boyce,Eric T - Massena,NY
Armstrong,Timothy J - Cortland,NY           Bozman,Susan O - Hammondsport,NY
Asanto,Patricia - Mastic Beach,NY           Bradley,Charles A - Duluth,GA
Ashby,Ann Marie - Niagara Falls,NY          Bradley,Michele Q - Niagara Falls,NY
Ashe,Brenda R - East Orange,NJ              Brady,Elizabeth - Dallas,TX
Austin,Erin L - Troy,NY                     Brady,James D - East Hampton,NY
Ayala,Tilonee L - Yonkers,NY                Brassaw,Mark J - West Valley,UT
Azzara,Michael A - Port Saint Lucie,FL      Breen,Eileen A - Mineola,NY
Babcock,Shaun K - Depew,NY                  Bridges,Erica - Troy,NY
Baccari,Hilary M - N Redington Beach,FL     Bridges,Parbatie - Brooklyn,NY
Bacchiocchi,James J - Monroe,NY             Briggs,Christopher F - Oyster Bay,NY
Bacigalupo,Karen - Lake Grove,NY            Brinkman,Sueann M - Batavia,NY
Badzinski,Rhonda A - Cheektowaga,NY         Britt,Andrew E - Cohoes,NY
Baessler,Karen E - Plattsburg,NY            Broderick,Kelly L - Melrose,NY
Bailey,Ewan G - Syracuse,NY                 Brooks,Dolly - Wyandanch,NY
Baines,Nathaniel W - Peru,NY                Brouillette,Randy J - Mohawk,NY
Baker,Josephine P - Plattsburgh,NY          Brown,Brett M - Tuckahoe,NY
Baker,Nancy J - Rochester,NY                Brown,Claude R - Delanson,NY
Baldwin,Michele L - Gloversville,NY         Brown,Jeffrey T - Buffalo,NY
Balzer,Michael F - West Islip,NY            Brown,Lori Braco - Erlanger,KY
Banish,Mary E - Leesburg,VA                 Brown,Nicole L - Churchville,NY
Barbieri,Nicola - Yonkers,NY                Brown,Stacey J - Waterloo,NY
Barreiro,Jorge R - Bronx,NY                 Brucie,Elizabeth I - Horseheads,NY
Barse,Amy M - North Bangor,NY               Bruns,Mary A - Davenport,NY
Bartlett,Susan J - Farmingdale,NY           Buck,David N - Corning,NY
Bartusiak,Kathleen E - Phoenix,NY           Buck,Deborah M - West Haverstraw,NY
Barvinchak,Dave M - Endwell,NY              Buckhout,John F - Yorktown Heights,NY
Basinski,Eileen S - Lancaster,NY            Bueti,Kathleen M - Mt. Kisco,NY
Bassaragh,Glenville O - Mount Vernon,NY     Bugenhagen,Christopher N - Clarence,NY
Baumann,Julianne M - Greenville,NY          Bulger,Steve P - Macedon,NY
Bayles,Frank H - Clarkrange,TN              Bunt,Joseph M - Unadilla,NY
Bazemore,Anthony D - Staten Island,NY       Burdo,Maria N - Patchogue,NY
Beams,Tammie R - Endicott,NY                Burke,Carol A - Avon,NY
Bean,Anne - Centereach,NY                   Burke,Sadie D - Syracuse,NY
Beaudouin,Camille - Fanwood,NJ              Bush,Kenneth J - Winter Spings,FL
Becker,Katrina D - North Syracuse,NY        Butterfield,Kristi L - Mesa,AZ
Beckstead,Mavis - Massena,NY                Caban,Albert - Brooklyn,NY
Bednarz,Donna M - Allegany,NY               Caban,Mindy H - Brooklyn,NY
Bell,Karen A - Rochester,NY                 Cahill,John F - Levittown,NY
Benitez-Santos,Lydia O - Brentwood,NY       Caldwell,Katherine S - Charlotte,NC
Bennett,Tina M - Schenectady,NY             Calhoun,Adrienne - White Plains,NY
Benton,Peter I - Baldwinsville,NY           Callanan,Cathy A - New City,NY
Benzies,Jane E - Isle Of Palms,SC           Camacho,Jose A - N Huntingdon,PA
Berbenick,Lynn A - Coram,NY                 Campbell,Sean C - New York City,NY
Berdugo,Maria E - Yonkers,NY                Cannon,Raven L - Brooklyn,NY
Bergeron,John J - E Nassau,NY               Cantrell,Jehu J - Cincinnati,OH
Bergold,Patricia - Wantagh,NY               Capitanio,Ellen - Melville,NY
Bernard,Patrick - East Meadow,NY            Caputo,Gabriele J - Ft Edward,NY
Beta,Dawnmarie - East Patchogue,NY          Cardello,William J - Lyndenhurst,NY
Betancourt-Ocasio,Sandra B - Woodhaven,NY   Carone,Sean H - Utica,NY
Bevis,Michael D - Port Jefferson Sta,NY     Carosella,Michelle - Amawalk,NY
Bianchi,Julie A - Fairport,NY               Casale,Angela - Glen Cove,NY

86
NYS Register/June 10, 2009                                          Miscellaneous Notices/Hearings

Casarole,Kathleen E - Dover,DE               Daniels,Quentin R - New York,NY
Castiglione,Nancy A - Bronx,NY               Dantz,George - Danville,NY
Cavanaugh,William D - Middletown,NY          Darang,Astride - Bayshore,NY
Cave,Tara L - Poughkeepsie,NY                Darling,Dawn M - Buffalo,NY
Caynes,Lorris E - Brooklyn,NY                Dartt-Bentley,Marie K - Cameron,NY
Cerny,John P - South Salem,NY                Davis,Ginger A - Rochester,NY
Chambers,Jeffrey D - Selkirk,NY              Davis,Michelle - Holley,NY
Chaput,Christina - Rensselaer,NY             Davis,Sara L - Rochester,NY
Charleman,Aleris B - Wichita,KS              Davis,Shana L - Troy,NY
Chillino,Rose - West Nyack,NY                Dawson,Ronald R - Grand Island,NY
Chittenden,Laura C - Yorktown Hghts,NY       De Franco,Nicole M - Oswego,NY
Cintron,Stephanie - Yonkers,NY               De Long,Dana L - Rochester,NY
Citino,Jamie M - West Harrison,NY            De Los Santos,Jose - New York,NY
Clark,Christal M - Far Rockaway,NY           De Marzio,Kim M - Nebo,NC
Clarke,Christopher B - Plattsburgh,NY        Dean,Denise N - Brooklyn,NY
Clarke,Keith S - Rockaway Beach,NY           Debbold,Jason J - Utica,NY
Cleare,Lamont A - Apo,AE                     Decastro,Anthony J - Holtsville,NY
Clemmons,Dawn - Brookln,NY                   Decker,Elsa L - Ironwood,NY
Clere,Susan E - Smithfield,NC                Decleus,Immoles - Deer Park,NY
Cocchiola,Susan - Glen Cove,NY               Dedrick,Christine A - Athens,NY
Cohen,Jill L - Ravena,NY                     Del Valle,Eusebio - Bronx,NY
Cohen,Shelby I - Endicott,NY                 Delello,Rose Marie C - East Meadow,NY
Colao,Deborah A - Port Jervis,NY             Denis,Anne M - Copake,NY
Colin,Joseph - Hollis,NY                     Dennis,Aletta I - Rochester,NY
Collins,Marion - Hartsdale,NY                Denslow,Holly L - Lyonsfalls,NY
Collins,Natisha N - Yonkers,NY               Densmore,James R - Owego,NY
Colon,Paula - Rochester,NY                   Denue,Michael H - Petersburgh,NY
Congello-Geoghegan,Lora D - Yonkers,NY       Des Soye,Amber D - Strykerville,NY
Conger,Joan H - Baldwinsville,NY             Devine,Kelley - Lockport,NY
Conger,Randall J - Freeville,NY              Di Cioccio,Nancy A - Buffalo,NY
Conkright,Tina M - Lowman,NY                 Di Lauro,Cherylann - Dunedin,FL
Connolly,Jennifer C - Richfield Springs,NY   Diamantes,Tammy L - Delevan,NY
Conrad,Kristie L - Watervliet,NY             Diaz,Janice - Cortaro,AZ
Conroy,Leona T - Morrisonville,NY            Dickerson,Nicole P - Westbury,NY
Constantine,Tammy M - Clinton,NY             Dickson,Margaret E - Watervliet,NY
Cook,Stephen D - Corning,NY                  Diggins,Michele D - Perry,NY
Cooper,Christopher M - Peekskill,NY          Dinger,Raina J - Utica,NY
Cooper,Daria J - Middle Island,NY            Diver,Margaret - Middletown,NY
Corbett,David G - Hopewell Junction,NY       Do,Catherine L - Dunnellon,FL
Coronado,Alex A - Freeport,NY                Dolac,John J - Buffalo,NY
Corradi,Teresa L - Yonkers,NY                Donald,Oswald U - Bronx,NY
Corron,Kerrin M - Montauk,NY                 Donnelly,Barbara M - Glenmont,NY
Countryman,Christopher B - Bloomingburg,NY   Donovan,Margaret A - Fayetteville,NY
Cox,Marlean - Syracuse,NY                    Drake,Frederick J - Clermont,FL
Coyle,Christopher T - Albany,NY              Ducady,Gary A - Peekskill,NY
Crangle,Dennis J - Tonawanda,NY              Dunbar,Benjamin D - Bronx,NY
Crawford,Jennifer A - Orlando,FL             Dunham,Gregory M - Wainscott,NY
Crossett,Arthur L - Solvay,NY                Dunham,June A - Hauppauge,NY
Culbert,Marcella A - Fillmore,NY             Dunn,Damon J - Kingston,NY
Cullen,Jean F - Wyckoff,NJ                   Dunn,Patricia A - Bethpage,NY
Culp,Lisa N - Staten Island,NY               Duval,Michele L - Angola,NY
Cunningham,Nancy J - Fort Worth,TX           Earl,Theresa M - Weedsport,NY
Curran,John F - Fort Myers,FL                Early-Burke,Deborah A - Port Jefferson,NY
Cutusso,Sharon L - Johnson City,NY           Edmonds,Teresa A - Ronkonkoma,NY
Cuyler,Christopher D - Palm Coast,FL         Eiseman,Dorothea L - Sodus,NY
Cyrus-Wilson,Carla Y - Buffalo,NY            Eisenberg,Alan J - Brooklyn,NY
D'Alessio,Jacqueline A - Rensselaer,NY       Elashvili,Mery B - Forest Hills,NY
D'Orazio,Theresa M - Ronkonkoma,NY           Eldridge,Yvonne M - Dalton,NY
Dacey,Florence R - Schenectady,NY            Elliott,Angela I - Brooklyn,NY
Dadabo,Anthony - Yonkers,NY                  Elting,Anthony T - Poughkeepsie,NY
Dahlem,Lona T - Munnsville,NY                Emborsky,Brian A - Salamanca,NY
Daniels,Diane M - Rochester,NY               Encarnacion,Yelixa M - Liberty,NY

                                                                                               87
Miscellaneous Notices/Hearings                                         NYS Register/June 10, 2009

Ennocenti,David - Rochester,NY              Gipson,Sharon B - Albany,NY
Ericksen,Kathleen E - Nanuet,NY             Glass,Susan N - Monticello,NY
Evans,Steven - Wyandanch,NY                 Gnipper,John H - Owego,NY
Fabbie,Jennifer - Kerhonkson,NY             Golden-Amato,Lisa M - Matamoras,PA
Fabbio,Richard - Utica,NY                   Golden,Ann - Mount Vernon,NY
Faga,Theresa - Lindenhurst,NY               Gonzalez,Helen P - Deer Park,NY
Faicco,Philip N - Levittown,NY              Gove,Ellen E - Blauvelt,NY
Farley,Theresa L - Jacksonville,FL          Grace,Cheri M - Brooklyn,NY
Farmer,Richard T - Dexter,NY                Gray,Bonnie L - Hornell,NY
Fascilla,Angela - White Plains,NY           Green,Latoya R - Kingston,NY
Feeney,Jean M - Albany,NY                   Green,Timothy D - Rochester,NY
Fernandez,Mariella - Monticello,NY          Green,Tracey A - Rochester,NY
Ferrara,Frank N - Hauppauge,NY              Griffin,Thomas - Germantown,NY
Ferrino,James V - Buffalo,NY                Grignon,Michael D - Kings Park,NY
Fertal,William J - Amsterdam,NY             Grimmer,Michael R - Schenectady,NY
Fey,Monica Y - Bronx,NY                     Grimmick,Daniel W - Clifton Park,NY
Fiegl,Karen S - Warsaw,NY                   Gromoll,Paul A - Kingston,NY
Fields,Bethany - Fulton,NY                  Gross,Melody - N Massapequa,NY
Fields,Deeon L - Albany,NY                  Grubert,Arthur C - Bronxville,NY
Finnegan,Erin M - Glens Falls,NY            Grycz,Piotr M - Uniondale,NY
Finnegan,Theresa J - East Northport,NY      Guarino-Burns,Kathleen A - Hyde Park,NY
Fiore,Jeanette M - Stony Point,NY           Gucciardo,Angela D - Bath,NY
Fisher,Edgar B - Highland Falls,NY          Guerrero-Trischitta,Ana L - Saugerties,NY
Fix,Robert N - Cheektowaga,NY               Guillot,James A - Smithtown,NY
Flaherty,Tracy Franzese - Midland Park,NJ   Guttman,Tracy L - East Northport,NY
Flickner,Eileen M - Leicester,NY            Halley-Pigott,Gale D - Baldwin,NY
Flight,Cheryl R - Canton,NY                 Hallock,Annmarie - South Setauket,NY
Flynn,Gerald A - Retsof,NY                  Halpern,Robert E - Midlothian,VA
Forconi,Ryan M - Endicott,NY                Hamilton,Alexander T - Huntington Station,NY
Ford,Connie M - Schenectady,NY              Hanaburgh,Kevin P - Staatsburg,NY
Foster,Jason A - No Tonawanda,NY            Handen,Ruth H - Glen Head,NY
Foston,Dennis D - Brooklyn,NY               Haner,Lydia B - Whitehall,NY
Fox,John A - Hyde Park,NY                   Hanigan,Thomas P - Kerhonkson,NY
Fox,Patricia A - Suffern,NY                 Hanly,Vicki A - Ashburn,VA
Fox,Stacy L - Martinsburg,WV                Hanna,Beverly T - Brooklyn,NY
Fragola,Daniella - Mahopac,NY               Hanna,Hoda H - Yorktown Heights,NY
Francis,Veronica M - Troy,NY                Hariston,John R - Liverpool,NY
Francois,Eva - Brooklyn,NY                  Harrington,John P - Newcomb,NY
Frank,Mileeka N - Brooklyn,NY               Harris,George C - New York,NY
Frankel,Randi L - Spring Valley,NY          Harrison,Lavarra D - White Plains,NY
Fredenburg,Linda D - Albion,NY              Harrison,Vanessa E - Copiague,NY
Friday,Nicole Y - Queens Village,NY         Harvard,Roxanne - Auburn,NY
Fuller,Derek G - Caledonia,NY               Harvey,Joanne M - Larchmont,NY
Fuller,Robyn - Hamburg,NY                   Hauser,David P - Williamson,NY
Gaddis,Lashawn S - S Fallsburg,NY           Hawkins,Antoinette - Buffalo,NY
Gadsden,Demian K - Blakeslee,PA             Hayday,Lynn Marie - Sloan,NY
Galloway,Edward A - Poughkeepsie,NY         Haye,Henry - Catskill,NY
Galloway,Lydia A - Medford,NY               Haynes,Teshina R - Newburgh,NY
Garces,Miguel A - New York,NY               Healy-Mickle,Carolyn L - Millbrook,NY
Garcia,Jeanette - Yonkers,NY                Hecht,Shirley B - Rochester,NY
Gaskin,Lisa A - Scarsdale,NY                Heckman,John M - Greenwood,NY
Gearwar,Rachel S - East Patchogue,NY        Heinlein,Anthony - Dix Hills,NY
George,Sherly T - Chestnut Ridge,NY         Henneberger,Janice E - North Java,NY
Georges,John R - Uniondale,NY               Henry,John B - Skaneateles,NY
Gerard,John A - East Amherst,NY             Henry,William - White Plains,NY
Gerew,Faith L - Rochester,NY                Hensley,Elizabeth A - Seaford,DE
Gibson,Catherine M - Medina,NY              Herschel,Diane - Malden,NY
Giebler,Kevin B - Syracuse,NY               Heuser,Jennifer L - Hartford,NY
Gifford,Christina M - Saratoga Springs,NY   Hevia,Luis - Woodhaven,NY
Giglio,Robert A - Mastic Beach,NY           Hicks,Barry - Port Charlotte,FL
Gillon-Harper,Alicia R - Buffalo,NY         Hirsch,Kelly K - Mastic,NY
Giordano,Nelson A - Buffalo,NY              Hiserodt,Douglas M - Elbridge,NY

88
NYS Register/June 10, 2009                                      Miscellaneous Notices/Hearings

Hofer,Marianne - Islandia,NY             Kirkland,Sherett J - Bronx,NY
Hoffman,May S - Midland,TX               Klein,Jill S - New York,NY
Hoffmann,Brian J - Deer Park,NY          Klingbeil,Casey A - Johnstown,NY
Hohsfield,Steven W - Stuart,FL           Knight,Charles S - Avon,NY
Hoke,Robert A - Gilbert,AZ               Knight,Michael T - Copiague,NY
Holden,Brian E - Elmhurst,NY             Knight,Michele A - Auburn,NY
Hollenbeck,Tracy L - Vidalia,LA          Kogler,Julie M - Penfield,NY
Holliday,Michelle N - Niagara Falls,NY   Konowich,Marie J - Canastota,NY
Holmes,Mary K - Pike,NY                  Kortlang,Paul J - Modena,NY
Hope,Sherman J - Brooklyn,NY             Kovac-Tantalo,Linda - Rochester,NY
Horton,Joseph D - Port Neches,TX         Kozdemba,Jo Ann - Elmira,NY
Howard,Nicole A - Freeport,NY            Krakehl,Donna M - Huntington,NY
Howard,Tina M - Queensbury,NY            Krebs,Jessica S - Seaford,NY
Howell,Diane M - St Albans,NY            Kulsum,Ramesh - Richmond Hill,NY
Hunter,Toriano C - Jamaica,NY            Kuo,Michael R - Great Neck,NY
Hutchings,Michelle A - Auburn,NY         La Clair,Anne M - Massena,NY
Hynes,Michael J - Candor,NY              La Mar,Santo - Buffalo,NY
Ianniello,Linda J - New York,NY          La Monica,Jared L - Grahamsville,NY
Iannone,Francine N - Oakdale,NY          La Rock,Lori-Ann - Constable,NY
Igoe,James E - Beacon,NY                 La Rotonda,Tony J - Tampa,FL
Ingraham,Richard D - Binghamton,NY       La Vergne,Steven - New York City,NY
Ismail-Nazir,Lubna - Waterford,NY        Labor,Desmond J - Brooklyn,NY
Izzo,Frank - Schenectady,NY              Lacombe,Justin T - Rouses Point,NY
Jackson,Amber C - Elmira,NY              Lacy,Ayeshah L - Norristown,PA
Jackson,Jahkeem I - Albany,NY            Lane,Bruce N - Lula,GA
Jackson,Kimberly L - East Point,GA       Lang,Cathleen E - Pleasant Valley,NY
Jackson,Michael - Coram,NY               Lang,Krista E - Amherst,NY
Janiszewski,Tracy A - Buffalo,NY         Lashway,Donna M - Columbia,SC
Javdan,Raymond K - New York,NY           Lawler,Tina D - Alexander,NY
Jenisan,Kathleen T - Wytheville,VA       Lawrence,Stephen J - Binghamton,NY
John,Osra - Brooklyn,NY                  Lawton,Gary - Berkshire,NY
Johnson-Kenney,Joyce - Geneva,NY         Lazovick,Karen S - Commack,NY
Johnson,Akila D - Rochester,NY           Leath,Patricia A - Huntington Station,NY
Johnson,Anisa M - Woodbridge,NJ          Lebiednik,Nicole M - Rome,NY
Johnson,Ceasar L - New York,NY           Leddy,Laura G - Pearl River,NY
Johnson,Cheryl L - Ballston Spa,NY       Lederman,Donna J - Campbell,NY
Johnson,Clarence L - Buffalo,NY          Lee,Diane G - Lancaster,NY
Johnson,Peter M - Poughkeepsie,NY        Lee,Jenine A - Mt Vernon,NY
Johnston,Edward S - Schenectady,NY       Lefko,Max - Oklahoma City,OK
Jones,Barry - Yonkers,NY                 Lent,Ethel M - Lake Luzerne,NY
Jones,Fulicia L - Yonkers,NY             Lesefske,Dana A - Gowanda,NY
Jones,Kimberly A - Rochester,NY          Letson,Patricia L - Pearl River,NY
Jones,William C - Oyster Bay,NY          Levy,Lance D - Rochester,NY
Joo,Donald M - Palisades Park,NJ         Lewandowski,Sandra M - Buffalo,NY
Joseph,Steven T - White Plains,NY        Lewis,Eileen V - Stamford,CT
Josiah,Jennifer E - Burke,VA             Lewis,Michael C - Middletown,NY
Kaiser,Carrie L - Amsterdam,NY           Lightbody,William L - North Babylon,NY
Kaltschitz,William A - Glendale,NY       Lindor,Benissoit - Spring Valley,NY
Kasinski,Dianne M - So Cheektowaga,NY    Lissade,Patrick - Spring Valley,NY
Kehoe,Kimberly A - Mechanicville,NY      Loaiza,Maria A - Middletown,NY
Keipour,Ebrahim - New York,NY            Long I I I,Harold B - Uniondale,NY
Kellard,Marilee - New Rochelle,NY        Lopez,Carlos O - Mastic Beach,NY
Kelly,Theresa R - Monroe,NC              Lopinto,Kathleen M - Danbury,CT
Kemak,Mary E - Marathon,NY               Lord,Erik R - North Syracuse,NY
Kenjockety,Patricia M - Salamanca,NY     Luby,Erin E Borden - Kingston,NY
Kenner,Neshon M - Bronx,NY               Luciano,Benny M - Brooklyn,NY
Khan,Rabia S - Melville,NY               Lugo,Jesus M - Rosedale,NY
Kilmer,Lisa M - Grand Island,NY          Luther,Gregory R - Latham,NY
Kimmel,Janice L - Albion,NY              Lybolt,Lisa B - Sidney,NY
Kinard,Tabatha A - Utica,NY              Lynch,Lovella D - Baltimore,MD
Kirby,Nichole R - Mechanicville,NY       Lyons,Veleka J - Morrow,GA
Kirch,Cynthia J - Knoxville,TN           Macom,Ann Marie L - Mount Vernon,NY

                                                                                           89
Miscellaneous Notices/Hearings                                      NYS Register/June 10, 2009

Madonia,William J - Cleveland Heights,OH   Miriello,Stephanie C - Kingston,NY
Maerz,Jamie C - Orange City,FL             Mirsky,Garry T - Port Chester,NY
Maggio,Christopher A - Bayport,NY          Mitchell,Myra L - Bronx,NY
Mahoney,Terence P - Pine Bush,NY           Mitchell,Paula E - Mayville,NY
Maier,Robert J - Hilton,NY                 Mitchell,William J - Rosedale,NY
Malachi,Kim - Brooklyn,NY                  Mixon,Mark D - North Tonawanda,NY
Malchoff,Joline - Seneca,NY                Modrall,Linda J - Manlius,NY
Malcolm,Fay A - Baldwin,NY                 Monahan,Maria A - Geneva,NY
Malles,William - Millbrook,NY              Monestere,Kathleen E - Matthews,NC
Mamby,Trudyann M - Roosevelt,NY            Mongold,Kelly A - N Tonawanda,NY
Mamdeen,Tamara C - Stone Mountain,GA       Monks,Elizabeth M - New Baltimore,NY
Mangano,Anthony J - San Angelo,TX          Monsell,Catherine M - Mattituck,NY
Marello,John T - Yonkers,NY                Montanez,Edwin - Oviedo,FL
Marger,Dena L - New York,NY                Moody,Nickola A - Albany,NY
Markoulli,Markos Y - Oceanside,NY          Moore,Geraldine A - Wantagh,NY
Maroney,Cynthia A - Potsdam,NY             Morales,Richard J - Syracuse,NY
Marsh,Brandy J - Killbuck,NY               Morales,Vivian D - Cortlandt Manor,NY
Marshall,Tamika N - Staten Island,NY       Morey,Robert P - Schenectady,NY
Martens,Robert S - Ronkonkoma,NY           Morgan,Walter - Poughkeepsie,NY
Martin,Kymberly M - Walworth,NY            Morris,Kandace K - Stillwater,NY
Martin,Lisa M - Alexander,NY               Morsman,Ann Marie - Canisteo,NY
Martin,Michael B - Bayside,NY              Moseley,Dolores V - Palm Bay,FL
Martin,Shirley A - Syracuse,NY             Moser,Maridee - Winthrop,NY
Martinez,Ana V - Brentwood,NY              Moses,Gloria - Brooklyn,NY
Martinez,Carmen - Bronx,NY                 Mosolf,Susan L - Carmel,CA
Martinovich,Todd P - Latham,NY             Mowbray,Christine A - West Babylon,NY
Martuscello,Michael J - Amsterdam,NY       Mullen,Mark P - Herndon,VA
Mata,Annie E - Boca Raton,FL               Mulroy,Judith A - Latham,NY
Mathews,B Susan - Coral Springs,FL         Muriel,Anna E - Mdtn,NY
Mattison,Daryl K - Syracuse,NY             Murray,Dave D - Macedon,NY
Mattos,Cynthia D - E Northport,NY          Murray,Denise M - Pawling,NY
Matuszewski,Victoria A - Hopewell Jct,NY   Murray,Jamie E - Geneva,NY
Mauzon,Akeem A - Troy,NY                   Murray,Mary L - Saranac Lake,NY
May,Sherry L - Schenectady,NY              Murray,Tricia L - Vestal,NY
Mayers,Claire H - Richmond Hill,NY         Myers,Patricia A - North Collins,NY
Maynard,Caroline - Jamestown,NY            Naus,Kimberly S - North Tonawanda,NY
Mc Adam,Jeanine - New York,NY              Neal,Harold - Maple Shade,NJ
Mc Bride,Michael W - Miller Place,NY       Neilson,Christine A - Stillwater,NY
Mc Cabe,Gerard G - Bayside,NY              Nelson,Jacquelyn B - Rome,NY
Mc Calmon,Michael - Albany,NY              Nelson,Mark A - Brooklyn,NY
Mc Collister,Julie M - Andes,NY            Newton,Jerald C - Rochester,NY
Mc Cray,Geneva - Buffalo,NY                Nguyen,Bichnga T - Humble,TX
Mc Graw,Jeremy G - Syracuse,NY             Nichols,Antonnette M - Fredonia,NY
Mc Graw,Lisa J - Mc Graw,NY                Nieves,Jesus M - Stony Point,NY
Mc Kay,Donald F - Myrtle Beach,SC          Nieves,Joseph M - Farmingdale,NY
Mc Kenzie,Peter G - Lauderdale Lakes,FL    Nigro,Donna M - Altona,NY
Mc Laughlin,Christine M - New York,NY      Niles,Cynthia A - Canton,NY
Mc Lean,Lakya A - Albany,NY                Niles,Patsy L - Hodges,SC
Mcnally,Andrea E - Port St Lucie,FL        Novak,Frank J - Plainview,NY
Mendez,Christine - Utica,NY                Novoa,Daniel A - Boston,NY
Menechino,Alicia M - Islip,NY              Nowak,Donna L - Canton,GA
Menns,Lawrence E R - Chesapeake,VA         Numrich,Debra J - Lancaster,NY
Menzies,Carol A - Geneva,NY                Nunez,Eulalia P - Mechanicsburg,PA
Mercurio,Jeannine A - Brooklyn,NY          Nunez,Ulises U N - Washington,DC
Merritt,Jeremy M - Decatur,GA              Nuzzo,Dana - Norwalk,CT
Michael,Joan C - Nesconset,NY              Nwakeze,Agatha Amaka - New Rochelle,NY
Middlemiss,Darlene - Madrid,NY             O'Brien,Patricia K - Connelly,NY
Miller,Jennifer L - Fort Riley,KS          O'Donnell,Mary M - Mineola,NY
Millingen,Jason E - Bronx,NY               O'Driscoll,Erin J - Evans Mills,NY
Mills,Charles M - Shelter Island,NY        Obidike,Josephine D - Little Rock,AR
Ming,Ryan A - Harpursville,NY              Oboh,Hyacinth Harris - Bronx,NY
Minnamon,Richard C - Marion,NY             Oggeri,Linda K - Merrick,NY

90
NYS Register/June 10, 2009                                          Miscellaneous Notices/Hearings

Okafor,Patsy E - Rochester,NY                Rapecis,Thomas M - Rocky Mount,VA
Oleskovic,John P - Yonkers,NY                Rasnake,Dee E - North Tazewell,VA
Onasanya,Tiwatope - Croton On Hudson,NY      Razgaitis,Raza - Astoria,NY
Onyejiukwa,Richard - Brooklyn,NY             Reed,Daphne S - Campbell,NY
Orlowski,Robert R - N Tonawanda,NY           Reiter,Andrew L - Winthrop,NY
Orshal,Suzanne C - Binghamton,NY             Reiter,Rita M - Gowanda,NY
Ortiz,Barbara J - Ridgewood,NY               Reittinger,James F - Loudonville,NY
Ortiz,Eileen - New Windsor,NY                Relyea,Andrew D - Saugerties,NY
Osborne,Christopher H - Rochester,NY         Reneau,Reubena - Yonkers,NY
Osborne,Lloyd D - Torrington,CT              Renne,Cristina M - Elmira,NY
Osypian,Benjamin L - Ransomville,NY          Reyes,Angela - Lynn,MA
Ouwel-Banner,Jayne R - Garrison,NY           Reyes,Patricia D - Springfield,VA
Owen,Cheryl M - Monticello,NY                Reznik,David - Wesley Hills,NY
Owens,Anthony J - Owego,NY                   Rhodes,Carolanne - Rockville Centre,NY
Owens,Charisma - Brooklyn,NY                 Rich-Pickett,Colleen A - Holley,NY
Oyedeji,Deborah O - Queens Village,NY        Richards,Aaron L - Tucson,AZ
Pace,Rebecca C - Clifton Park,NY             Richmond,Heather L - Dunkirk,NY
Palermo,Melissa A - Hilton,NY                Riihinen,David L - Freeville,NY
Palleschi,Michael D - Rotterdam,NY           Rinaldi,Donna Marie - Long Beach,NY
Pampinella,Mark - Highland,NY                Rio,Patricia M - Shirley,NY
Pandlirolajara,Sergio A - Accord,NY          Rivera,Michael A - Deer Park,NY
Paquette,Kimberly N - Jamestown,NY           Rivera,Wayne M - Brooklyn,NY
Pasco,Tara L - Largo,FL                      Rizzo,Joseph R - Bronx,NY
Patterson,Russell W - Mt Pleasant,SC         Robbins,Teri-Lee - Central Sq,NY
Paulino,Jose W - New York,NY                 Roberts,Kelly S - Scio,NY
Pavone,Anne M - New Rochelle,NY              Roberts,Tanya P - Marlboro,NY
Payne,Ernestine M - Georgiana,AL             Robertson,Brenda J - Rochester,NY
Peffer,Richard R - Sackets Harbor,NY         Robinson,Earl A - Dexter,NY
Penders,Rosa L - Pavilion,NY                 Rock,Jamie L - E Rochester,NY
Penlon,Gregory - Webster,NY                  Rocke,Patricia A - Walden,NY
Penn,Helene C - Holbrook,NY                  Rodio,Michael F - Frankfort,NY
Pensabene,Josephine - Leeds,NY               Rodriguez-Cruz,Anna L - Brentwood,NY
Perez,John-Dean - Middle Island,NY           Rodriguez,Carlos E - Brentwood,NY
Perham,Amy J - Cato,NY                       Rodriguez,Mary A - Albany,NY
Periard,Kimberly A - Nanuet,NY               Rodriguez,Rebecca A - Scipio Center,NY
Perrin,Anthony S - Rosedale,NY               Rogers,Michelle L - Brooklyn,NY
Perry,Daniel T - Whitesboro,NY               Rolle,Zahyia M - Rochester,NY
Perry,Nancy L - Afton,TN                     Roloson,Matthew G - Hurley,NY
Persia,June M - Albion,NY                    Roman,Iris - Drexel Hill,PA
Peterson,Sheila G - Brockport,NY             Roman,Yesenia - Newark,NY
Phetteplace,Dawn M - Franklinville,NY        Romero,Maria T - Brentwood,NY
Phillips,Christine A - Rockville Centre,NY   Rood,Geneia M - Pitcher,NY
Phillips,Lynn M - Argyle,NY                  Rosa,Martin L - White Plains,NY
Piaser,Elizabeth - Westbury,NY               Rosales,Rusella Y - Brentwood,NY
Pierce,Karen D - Troy,NY                     Rosario,Jonathan - Jamaica,NY
Pike,Brooke M - Loudonville,NY               Rose,Cassandra M - Holley,NY
Pillsbury,Spring S - Scotia,NY               Rosenkrantz,Alexander - Brooklyn,NY
Pires,Maria T - Yonkers,NY                   Ross,Kaitlin V - Mattituck,NY
Piretti,Patrice A - Huntington Station,NY    Rossanda,Barbara A - Brentwood,NY
Porras,Angel - Coram,NY                      Rowlett,Judy M - Troy,NY
Porter,Jennifer A - Knightdale,NC            Ruberto,Louis S - Buffalo,NY
Pottinger,Stacian M - Brooklyn,NY            Rubino,Jon A - Islip,NY
Price,Jill U - Mt Vernon,NY                  Ruddy,Stacy L - Waddinton,NY
Prisco,Dina A - Round Rock,TX                Rueda,Mariella D - New York,NY
Prunier,Chris D - Peekskill,NY               Ruggiero,Crystal - Palm Coast,FL
Puma,Frank P - Staten Island,NY              Rusin,Anthony J - Blasdell,NY
Putzke,Matthew C - Olean,NY                  Russac,Patricia - Oyster Bay,NY
Queen,Monica D - Mastic,NY                   Russell,Joyce I - Binghamton,NY
Quider,Linda L - Albion,NY                   Ryan,Daniel S - East Northport,NY
Quimby,Kevin - Brewster,NY                   Ryan,Valerie A - Watkins Glens,NY
Quinn,John B - Portageville,NY               Ryndfleisz,Linda A - Bohemia,NY
Race,Amy M - Lee Center,NY                   Sabatini-Jasmin,Gina M - Pleasantville,NY

                                                                                               91
Miscellaneous Notices/Hearings                                           NYS Register/June 10, 2009

Sabatini,Margaret - Stormville,NY           Smith,Victoria L - Parksville,NY
Sagendorph,Alan J - Watervliet,NY           Solares,Luis F - West Babylon,NY
Saito,Takuya - Japan,                       Sorrell,Julie A - Newsfield,NY
Salamone,Adam D - Spencerport,NY            Sotomayor,John T - Schenectady,NY
Salvatore-Lewis,Amy Lynn - Lyndonville,NY   Soucia,Tina M - Delanson,NY
Sanders,Jamie D - Yonkers,NY                Southwick,Catherine A - Buffalo,NY
Sanders,Sanjivini - Nyack,NY                Spears,Aaron S - Rochester,NY
Santiago,Elsa E - Buffalo,NY                Spencer,Arthur G - Holland Patent,NY
Santiago,Ileen - Bronx,NY                   Spiegel,Debra J - Medford,NY
Sarsfield,Eva N - Mohawk,NY                 Stammel,Christopher E - Tampa,FL
Sawyer,Faron C - Watervliet,NY              Stanley,Latoya L - Mount Vernon,NY
Scalzo,Cynthia L - Rochester,NY             Stanton,Jeremiah D - Frewsburg,NY
Schifano,Matthew J - San Diego,CA           Starr,Carleen M - Lockport,NY
Schneider,Dawn M - Oxford,NY                States,Natalie - Sinclairville,NY
Schnurle,Gregory F - Canisteo,NY            Steere,Kendrick G - Cooperstown,NY
Schoep,Dorothea M - Hudson,NY               Steffenella,Anthony J - Bonita Springs,FL
Schroeder,Janis E - Youngsville,NY          Steiner,Ronald - Astoria,NY
Schultz,John A - Glens Falls,NY             Stephens,Elvira - Beacon,NY
Schulz,Steven R - Bellerose,NY              Sterlace,Rebecca R - Pine City,NY
Schunk,Darryl R - Westhampton Beach,NY      Stewart,Vanessa T - Elmont,NY
Schwanse,Lynda - Round Top,NY               Stipak,Robert J - New Windsor,NY
Schwartz,Paul J - Lake Grove,NY             Stolar,Mary Rossi - Mountain Dale,NY
Schwarz,Nicole H - Buffalo,NY               Stolarczyk,Jane M - Fairport,NY
Scime,Sara - Lake View,NY                   Stone,Kristen L - Lockport,NY
Sciutto,Brandi J - Saugerties,NY            Stosal,Jason E - Rome,NY
Scordato,Angela F - Warwick,NY              Strafford,Susan D - Ronkonkoma,NY
Seals,Nicholas B - Greenlawn,NY             Strauss,Julie M - Vestal,NY
Seeger,Matthew E - Penfield,NY              Strizhevsky,Vladimir A - Woodhaven,NY
Selensky,Michael E - Chester,NY             Strobel,Annika M - Long Beach,NY
Settle,Beverly J - Madison,NY               Stumpf,Alan H - Shirley,NY
Shabazz,Bilal - Schenectady,NY              Sundown,Renee F - Bosom,NY
Shapiro,Seth E - Saratoga Springs,NY        Surowiec,Cynthia S - Depew,NY
Shatraw,Brett S - Hermon,NY                 Sutton,Robert M - Baldwin,NY
Shay,Archie B - Richford,NY                 Swayze,Paula J - Canada L2g-2e9,
Shea,Linda L - Auburn,NY                    Szirmay,Melissa D - Cold Spring,NY
Shea,Linda M - Pine Bush,NY                 Szymczak,Philip J - Dunkirk,NY
Sherman,Amy L - Hampton Bays,NY             Talamo,Joanne M - Oswego,NY
Sherman,Paul A - Middletown,NY              Talerico,Regina L - Utica,NY
Shevtchuk,Sergei - Albany,NY                Tarver,Kymeesha - Albany,NY
Shiner,Steven M - Levittown,NY              Taylor,Thais T - Middletown,NY
Shlivko,Aleksey - Holmdel,NJ                Teeter,Shawn H - Newfield,NY
Shon,Sophia J - Bellerose,NY                Teixeira,Mary - Commack,NY
Shott,Thomas R - Clinton Corners,NY         Tejeda,Yanilda - Yonkers,NY
Shumway,Kevin C - Philadelphia,NY           Tenczar,Johanna M - Chelmsford,MA
Siegel,Pamela - Yonkers,NY                  Terry,Paul D - Whitehall,NY
Sierra,Carmen A - Yonkers,NY                Tesak,Marilyn E - Utica,NY
Simpson,Donald R - Lodi,NY                  Thaler,Harmony M - Yonkers,NY
Sinclair,Marvin Vidal - Brentwood,NY        Thiesen,Courtney M - Lenox Dale,MA
Skalla,Carol A - Niagara Falls,NY           Thomas,Chante - Bronx,NY
Skinner,Carrie Mo - Frankfort,NY            Thomas,Jessica L - Huntington,NY
Skinner,Jason W - Unadilla,NY               Thomas,Linda K - White Plains,NY
Skvorak,Gregory M - Cincinnati,OH           Thomas,Matthew K - North Creek,NY
Skyers,Trudy S - Rosedale,NY                Thomas,Stanley - Rochester,NY
Sleeper,Janine R - Geneva,NY                Thurston,Jeremy J - Pine Bush,NY
Small,Harold J - Troy,NY                    Tobia,Anthony J - Hartsdale,NY
Smith,Angela M - Depew,NY                   Tobin,Laura E - Utica,NY
Smith,Danny E - Frankfort,NY                Tocha,Dusk M - Little Valley,NY
Smith,Gertrude B - Canandaigua,NY           Tokar,Robert J - Elmira,NY
Smith,Heather A - Islip,NY                  Tomasello,Dawn M - Middle Village,NY
Smith,Jennifer M - Kings Park,NY            Tompkins,Elizabeth K - Brooklyn,NY
Smith,Michelle L - Lowville,NY              Toombs,Juvon B - Binghamton,NY
Smith,Randall J - Punta Gorda,FL            Torpey,Anne E - Orchard Park,NY

92
NYS Register/June 10, 2009                                           Miscellaneous Notices/Hearings

Torres,Lilybeth - Bronx,NY                  Wiener,Mariateresa - Louisville,KY
Towne,Beth A - Nunda,NY                     Wight,Laurie S - Naples,NY
Troisi,Christopher R - Raleigh,NC           Wight,Lawrence W - Manlius,NY
Tulyk-Rossi,Laura N - Kenmore,NY            Wild,Thomas A - Newburgh,NY
Turk,Vera M - Tully,NY                      Williams,Brenda - Troy,NY
Turner,Steven L - Corning,NY                Williams,Calmeretia J - Uniondale,NY
Tyrrell,Deborah W - Albuquerque,NM          Williams,Latoya R - Bellport,NY
Ulman,Amihai - Dix Hills,NY                 Williams,Marianne E - Poughkeepsie,NY
Vaccaro,Dominic - Canandaigua,NY            Williams,Peggy A - Kingston,NY
Valentine,Karen J - Avon,NY                 Williams,Terrence C J - Staten Island,NY
Valette,Milciades D - Jackson Heights,NY    Wilson,Dionna E - West Hampton Beach,NY
Vallone,Teresa L - Sayville,NY              Wilson,Michael J - East Greenbush,NY
Van Chance,John A - Clifton Park,NY         Wise,Ryan D - Rochester,NY
Van Gorden,Christine A - Paint Post,NY      Wiseman,James D - Auburn,NY
Van Heyningen,Felix - Brooklyn,NY           Wisniewski,Steven - Westtown,NY
Van Varick,Lisa A - Arlington,VA            Wolcott,Michele L - East Berne,NY
Vantine-Marshall,Heather B - Freeville,NY   Wolert,Barbara J - Mohegan Lake,NY
Varrone,Michael R - Warwick,NY              Wolfthal,Amy P - Beacon,NY
Vassello,Daniel M - Big Indian,NY           Wood,Jed A - Clifton Park,NY
Vazquez,Augustine - Brentwood,NY            Wood,Jeffrey A - Marietta,NY
Velazquez,Edna - Brentwood,NY               Woodruff,Kathleen A - Chenango Forks,NY
Victoria,Gustavo - Elmhurst,NY              Wormsley,Gail M - Masonville,NY
Voelxen,Robin - Baldwinsville,NY            Wright,Desire - Utica,NY
Vonglis,Michele M - Le Roy,NY               Wright,Kenneth J - Queens Vlg,NY
Wagle,Christine N - Dover Plains,NY         Wright,Robert V - Valley Stream,NY
Waite,Dick E - Warsaw,NY                    Wylie,Nathaniel J - Schenectady,NY
Waldvogel,Patricia A - Johnstown,NY         Yacobellis,Barbara J - Hicksville,NY
Walker,Glenn E - Rochester,NY               Yelen,Maureen A - Franklinville,NY
Walker,Harold - Rochester,NY                Yesensky,Donna A - Endicott,NY
Walker,Sally A - Little Falls,NY            Young,Jeriesha T - Albany,NY
Walker,Susan - Accord,NY                    Young,Matthew J - Gilboa,NY
Walterich,John B - Buffalo,NY               Zalesny,Linda A - Poughkeepsie,NY
Ward,Camille N - Vly Cottage,NY             Zaytseva,Tatyana N - New York,NY
Ward,Sandra M - Schenectady,NY              Zuk,Laura E - Oneonta,NY
Ward,Steven B - Grahamsville,NY             Zuk,Stephanie J - Kingston,NY
Warner,Daniel R - Angelica,NY               Zweck,Anita F - Fredericksburg,VA
Warner,Melody L - Binghmaton,NY             Zwicker,Judith M - Middleburgh,NY
Washington-Russell,Aja - Westbury,NY
                                              For further information contact: Melanie MacPherson, New York
Washington,Nicole M - Bronx,NY              State Retirement Systems, 110 State St., Albany, NY 12244, (518)
Washington,Veronica D - Troy,NY             474-2988
Watson,Patricia J - Matawan,NJ
Wayne,Meghan M - Auburn,NY                                         PUBLIC NOTICE
Weart,Tina M - Ocala,FL                                             Department of State
Weaver,Suanne M - Baldwinsville,NY
                                               A meeting of the New York State Appearance Enhancement Advi-
Webb,Michele M - Henrietta,NY               sory Committee will be held on Monday, June 29, 2009 at 10:30 a.m.
Weber,Christopher N - Merrick,NY            at the New York State Department of State, Alfred E. Smith State Of-
Webster,Marlon O - Flushing,NY              fice Building, 80 South Swan Street, 10th Floor Conference Room,
Weed,Kelley Anne - Suffolk,VA               Albany, NY and 123 William Street, 19th Floor Conference Room,
Wegzyn,Stanley M - Osewgo,NY                New York, NY.
Weil,Shannon M - Maryland,NY                   If you plan to attend in Albany, please call 518-474-1006 to pre-
Weinbaum,Susannah S - Sea Cliff,NY          register for quicker entry into our building. Should you require further
Weingartner,Kristen M - Manorville,NY       information, please contact Debra Ryan-Campana at debra.ryan-
                                            campana@dos.state.ny.us or 518-473-6155. Please always consult the
Welch,Kristy L - Alexander,NY               Department of State website (www.dos.state.ny.us) on the day before
Welch,Maureen A - Highland,NY               the meeting to make sure the meeting has not been rescheduled.
Wells,Krista L - Ewa Beach,HI
Wertneim,Ellie S - New York,NY                                     PUBLIC NOTICE
West,Jerome G - St Albans,NY                                        Department of State
Westfall,Eleanor C - Pittsford,NY
                                              The New York State Real Estate Board will hold a public hearing
Wheeler,Ronald - Lincolndale,NY             on general real estate issues on Wednesday, June 24, 2009 at 10:30
Whitaker,Theo J - Keeseville,NY             a.m. at Department of State, Division of Licensing Services, Alfred E.
Whitenight,Arlene R - Lockport,NY           Smith State Office Building, 80 South Swan Street, 10th Floor Confer-
Whiting,Vanessa S - South Glens Falls,NY    ence Room, Albany, NY and 123 William Street, 19th Floor Confer-

                                                                                                                93
Miscellaneous Notices/Hearings                                                                            NYS Register/June 10, 2009

ence Room, New York, NY. The Board will hold an open board meet-                                    SALE OF
ing immediately following the public hearing at the same locations
(via video-conference).
                                                                                                FOREST PRODUCTS
                                                                                             Clinton Reforestation Area No. 9
   Should you wish to participate in the public hearing or attend the
board meeting, please contact Debra Ryan-Campana at debra.ryan-                                   Contract No. X007338
campana@dos.state.ny.us or 518-473-6155. If you plan to attend in               Pursuant to Section 9-0505 of the Environmental Conservation
Albany, please consult our web site (http://www.dos.state.ny.us/lcns/        Law, the Department of Environmental Conservation hereby gives
contact.htm) for instructions on pre-registering in order to gain access     Public Notice of the following:
to the building. Please always consult the Department of State website          Sealed bids for 50.3 MBF more or less sugar maple, 9.6 MBF more
(www.dos.state.ny.us/about/calendar.htm) on the day before the meet-         or less basswood, 0.3 MBF more or less black cherry, 15.4 MBF more
ing to be sure the meeting has not been rescheduled.                         or less white birch, 4.4 MBF more or less yellow birch, 2.5 MBF more
                                                                             or less white ash, 9.0 MBF more or less bigtooth aspen, 0.2 MBF more
                                                                             or less red maple, 2.7 MBF more or less American beech, and 152
                       PUBLIC NOTICE                                         cords more or less of mixed hardwood pulpwood, located on Clinton
                       Department of State                                   Reforestation Area No. 9, Stand A-17, will be accepted at the Depart-
                           F-2009-0065                                       ment of Environmental Conservation, Contract Unit, 625 Broadway,
                                                                             10th Fl., Albany, NY 12233-5027 until 11:00 a.m., Thursday, June
                 Date of Issuance - June 10, 2009                            25, 2009. Minimum acceptable bid shall be no less than $13,918.60.
   The New York State Department of State (DOS) is required by                  For further information, contact: Sean Reynolds, Senior Forester,
Federal regulations to provide timely public notice for the activities       Department of Environmental Conservation, Division of Lands and
described below, which are subject to the consistency provisions of          Forests, Region 5, P.O. Box 296, Ray Brook, NY 12977-0296, (518)
the Federal Coastal Zone Management Act of 1972, as amended.                 897-1276
   The applicants have certified that the proposed activity complies
with and will be conducted in a manner consistent with the approved
New York State Coastal Management Program. The applicant's con-
sistency 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-2009-0065, Mr. R. Philip Pond, Goose Island, Town of
Orleans, Jefferson County, has applied to the U.S. Army Corps of
Engineers, Buffalo District, for a permit to install a 6' x 50' steel pipe
dock parallel to the existing ‘‘U’’ shaped crib dock.
   The stated purpose of the above mentioned proposal is for water
recreation associated with a seasonal residence. The proposed dock
will allow the proposed and existing structures to accommodate up to
eight (8) vessels, varying in size from 13 ft. up to 30 ft. in length.
   Any interested parties and/or agencies desiring to express their
views concerning 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, June 25, 2009.
   Comments should be addressed to the Office of Coastal, Local
Government and Community Sustainability, New York State Depart-
ment of State, One Commerce Plaza, 99 Washington Avenue, Suite
1010, Albany, New York 12231. Telephone (518) 474-6000; Fax
(518) 473-2464.
   This notice is promulgated in accordance with Title 15, Code of
Federal Regulations, Part 930.

                       PUBLIC NOTICE
           Uniform Code Regional Boards of Review
   Pursuant to 19 NYCRR 1205, the petitions below have been
received by the Department of State for action by the Uniform Code
Regional Boards of Review. 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 subse-
quent proceeding may contact Steven Rocklin, Codes Division,
Department of State, One Commerce Plaza, 99 Washington Ave.,
Albany, NY 12231, (518) 474-4073 to make appropriate
arrangements.
   2009-0231 Matter of the Village of Freeport, c/o Louis Digarazia,
46 No. Ocean Ave, Freeport, NY 11520 for an appeal and or variances
concerning fire safety requirements, including the requirement for an
automatic sprinkler installation.
   Involved is a new membrane structure which will be utilized for as-
sembly, located at 130 E. Merrick Road, Incorporated village of
Freeport, County of Nassau, State of New York.

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