S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7535

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              May 18, 2015
                               ___________

Introduced  by  M.  of  A.  GOTTFRIED  --  read once and referred to the
  Committee on Health

AN ACT to amend the social services law, in relation to fiscal  interme-
  diaries in the consumer directed personal assistance program

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 365-f of the social  services  law  is  amended  by
adding a new subdivision 4-a and 4-b to read as follows:
  4-A. FISCAL INTERMEDIARY SERVICES. (A) FOR THE PURPOSES OF THIS SUBDI-
VISION:
  (I)  "FISCAL INTERMEDIARY" MEANS AN ENTITY THAT PROVIDES FISCAL INTER-
MEDIARY SERVICES AND HAS A CONTRACT FOR PROVIDING SUCH SERVICES WITH:
  (A) A LOCAL DEPARTMENT OF SOCIAL SERVICES,
  (B) AN ORGANIZATION LICENSED UNDER ARTICLE FORTY-FOUR  OF  THE  PUBLIC
HEALTH LAW, OR
  (C)   AN   ACCOUNTABLE   CARE  ORGANIZATION  CERTIFIED  UNDER  ARTICLE
TWENTY-NINE-E OF THE PUBLIC HEALTH LAW OR AN INTEGRATED DELIVERY  SYSTEM
COMPOSED PRIMARILY OF HEALTH CARE PROVIDERS RECOGNIZED BY THE DEPARTMENT
AS  A PERFORMING PROVIDER SYSTEM UNDER THE DELIVERY SYSTEM REFORM INCEN-
TIVE PAYMENT PROGRAM.
  (II)  FISCAL  INTERMEDIARY  SERVICES  SHALL  INCLUDE   THE   FOLLOWING
SERVICES,  PERFORMED  ON BEHALF OF THE CONSUMER TO FACILITATE HIS OR HER
ROLE AS THE EMPLOYER:
  (A) WAGE AND BENEFIT PROCESSING FOR CONSUMER DIRECTED PERSONAL ASSIST-
ANTS;
  (B) PROCESSING ALL INCOME TAX AND OTHER REQUIRED WAGE WITHHOLDINGS;
  (C) COMPLYING WITH WORKERS' COMPENSATION, DISABILITY AND  UNEMPLOYMENT
REQUIREMENTS;
  (D)  MAINTAINING PERSONNEL RECORDS FOR EACH CONSUMER DIRECTED PERSONAL
ASSISTANT, INCLUDING TIME SHEETS  AND  OTHER  DOCUMENTATION  NEEDED  FOR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11081-01-5

              

A. 7535                             2

WAGES  AND  BENEFIT  PROCESSING  AND A COPY OF THE MEDICAL DOCUMENTATION
REQUIRED PURSUANT TO REGULATIONS ESTABLISHED BY THE COMMISSIONER;
  (E) ENSURING THAT THE HEALTH STATUS OF EACH CONSUMER DIRECTED PERSONAL
ASSISTANT  IS ASSESSED PRIOR TO SERVICE DELIVERY PURSUANT TO REGULATIONS
ISSUED BY THE COMMISSIONER;
  (F) MAINTAINING  RECORDS  OF  AUTHORIZATIONS  OR  REAUTHORIZATIONS  OF
SERVICES;
  (G) MONITORING THE CONSUMER'S OR, IF APPLICABLE, THE DESIGNATED REPRE-
SENTATIVE'S  CONTINUING  ABILITY  TO FULFILL THE CONSUMER'S RESPONSIBIL-
ITIES UNDER THE PROGRAM AND PROMPTLY NOTIFYING THE AUTHORIZING ENTITY OF
ANY CIRCUMSTANCE THAT MAY AFFECT THE CONSUMER'S OR, IF  APPLICABLE,  THE
DESIGNATED REPRESENTATIVE'S ABILITY TO FULFILL SUCH RESPONSIBILITIES;
  (H)  COMPLYING WITH REGULATIONS ESTABLISHED BY THE COMMISSIONER SPECI-
FYING THE RESPONSIBILITIES OF PROVIDERS PROVIDING  SERVICES  UNDER  THIS
TITLE; AND
  (I)  ENTERING  INTO  A DEPARTMENT APPROVED MEMORANDUM OF UNDERSTANDING
WITH THE CONSUMER THAT DESCRIBES  THE  PARTIES'  RESPONSIBILITIES  UNDER
THIS PROGRAM.
  (III) FISCAL INTERMEDIARIES ARE NOT RESPONSIBLE FOR, AND FISCAL INTER-
MEDIARY  SERVICES SHALL NOT INCLUDE, FULFILLMENT OF THE RESPONSIBILITIES
OF THE CONSUMER OR, IF APPLICABLE, THE CONSUMER'S  DESIGNATED  REPRESEN-
TATIVE  AS  ESTABLISHED  BY  THE  COMMISSIONER.  A FISCAL INTERMEDIARY'S
RESPONSIBILITIES SHALL NOT INCLUDE: MANAGING THE PLAN OF CARE  INCLUDING
RECRUITING  AND  HIRING  A SUFFICIENT NUMBER OF INDIVIDUALS WHO MEET THE
DEFINITION OF CONSUMER DIRECTED PERSONAL  ASSISTANT,  AS  SUCH  TERM  IS
DEFINED  BY  THE  COMMISSIONER,  TO PROVIDE AUTHORIZED SERVICES THAT ARE
INCLUDED ON THE CONSUMER'S PLAN OF CARE; TRAINING, SUPERVISING AND SCHE-
DULING EACH  ASSISTANT;  TERMINATING  THE  ASSISTANT'S  EMPLOYMENT;  AND
ASSURING  THAT EACH CONSUMER DIRECTED PERSONAL ASSISTANT COMPETENTLY AND
SAFELY PERFORMS THE PERSONAL CARE SERVICES, HOME  HEALTH  AIDE  SERVICES
AND  SKILLED  NURSING  TASKS THAT ARE INCLUDED ON THE CONSUMER'S PLAN OF
CARE. A FISCAL INTERMEDIARY SHALL EXERCISE REASONABLE CARE  IN  PROPERLY
CARRYING OUT ITS RESPONSIBILITIES UNDER THE PROGRAM.
  (B)  NO  ENTITY  SHALL  PROVIDE,  DIRECTLY OR THROUGH CONTRACT, FISCAL
INTERMEDIARY SERVICES WITHOUT A LICENSE AS A FISCAL INTERMEDIARY  ISSUED
BY THE COMMISSIONER IN ACCORDANCE WITH THIS SUBDIVISION.
  (C)  AN  APPLICATION  FOR  LICENSURE AS A FISCAL INTERMEDIARY SHALL BE
FILED WITH THE COMMISSIONER, TOGETHER WITH SUCH OTHER FORMS AND INFORMA-
TION AS SHALL BE PRESCRIBED BY, OR ACCEPTABLE TO THE  COMMISSIONER.  THE
COMMISSIONER SHALL NOT APPROVE AN APPLICATION FOR LICENSURE UNLESS HE OR
SHE  IS  SATISFIED  AS  TO THE CHARACTER, COMPETENCE AND STANDING IN THE
COMMUNITY OF THE APPLICANT'S INCORPORATORS, DIRECTORS, SPONSORS,  STOCK-
HOLDERS  OR  OPERATORS  AND  FINDS  THAT  THE PERSONNEL, RULES, CONSUMER
CONTRACTS OR AGREEMENTS, AND FISCAL INTERMEDIARY SERVICES  ARE  FIT  AND
ADEQUATE,  AND THAT THE FISCAL INTERMEDIARY SERVICES WILL BE PROVIDED IN
THE MANNER REQUIRED BY THIS SUBDIVISION AND THE  RULES  AND  REGULATIONS
THEREUNDER, IN A MANNER DETERMINED BY THE COMMISSIONER.
  (D)  NEITHER PUBLIC NEED, TAX STATUS NOR PROFIT-MAKING STATUS SHALL BE
CRITERIA FOR LICENSURE. STATUS AS A LICENSED HOME CARE  SERVICES  AGENCY
OR  OTHER  HEALTH  PROVIDER SHALL NOT POSITIVELY OR NEGATIVELY IMPACT AN
APPLICATION. ORGANIZATIONS AUTHORIZED PURSUANT TO ARTICLE FORTY-FOUR  OF
THE  PUBLIC HEALTH LAW SHALL NOT BE GRANTED A LICENSE AS A FISCAL INTER-
MEDIARY.
  (E) THE COMMISSIONER SHALL CHARGE TO APPLICANTS FOR THE  LICENSURE  OF
FISCAL INTERMEDIARIES AN APPLICATION FEE OF TWO THOUSAND DOLLARS.

A. 7535                             3

  4-B. PROCEEDINGS INVOLVING THE LICENSE OF A FISCAL INTERMEDIARY. (A) A
LICENSE  OF  A FISCAL INTERMEDIARY MAY BE REVOKED, SUSPENDED, LIMITED OR
ANNULLED BY THE COMMISSIONER ON PROOF THAT IT HAS FAILED TO COMPLY  WITH
THE  PROVISIONS  OF  SUBDIVISION  FOUR-A  OF THIS SECTION OR REGULATIONS
PROMULGATED HEREUNDER.
  (B)  NO SUCH LICENSE SHALL BE REVOKED, SUSPENDED, LIMITED, ANNULLED OR
DENIED  WITHOUT  A  HEARING.  HOWEVER,  A  LICENSE  MAY  BE  TEMPORARILY
SUSPENDED  OR  LIMITED  WITHOUT  A HEARING FOR A PERIOD NOT IN EXCESS OF
THIRTY DAYS UPON WRITTEN NOTICE TO THE FISCAL INTERMEDIARY  FOLLOWING  A
FINDING  BY  THE DEPARTMENT THAT THE PUBLIC HEALTH OR SAFETY IS IN IMMI-
NENT DANGER. SUCH PERIOD MAY  BE  RENEWED  UPON  WRITTEN  NOTICE  AND  A
CONTINUED FINDING UNDER THIS PARAGRAPH.
  (C)  THE  COMMISSIONER  SHALL  FIX A TIME AND PLACE FOR THE HEARING. A
COPY OF THE CHARGES, TOGETHER WITH THE NOTICE OF THE TIME AND  PLACE  OF
THE HEARING, SHALL BE SERVED IN PERSON OR MAILED BY REGISTERED OR CERTI-
FIED MAIL TO THE FISCAL INTERMEDIARY AT LEAST TWENTY-ONE DAYS BEFORE THE
DATE  FIXED FOR THE HEARING. THE FISCAL INTERMEDIARY SHALL FILE WITH THE
DEPARTMENT NOT LESS THAN EIGHT DAYS PRIOR  TO  THE  HEARING,  A  WRITTEN
ANSWER TO THE CHARGES.
  (D)  ALL  ORDERS  OR  DETERMINATIONS  UNDER  THIS SUBDIVISION SHALL BE
SUBJECT TO REVIEW AS PROVIDED IN  ARTICLE  SEVENTY-EIGHT  OF  THE  CIVIL
PRACTICE LAW AND RULES.
  S  2.  This  act shall take effect on the first of July after it shall
have become a law; provided that, effective immediately, the commission-
er of health shall make regulations and take  other  actions,  including
issuing  licenses  under  section  365-f  of  the social services law as
amended by this act, to implement this act on that date.

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 7535--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              May 18, 2015
                               ___________

Introduced  by M. of A. GOTTFRIED, RAIA -- read once and referred to the
  Committee on Health -- reported and referred to the Committee on Codes
  -- committee discharged, bill amended, ordered  reprinted  as  amended
  and recommitted to said committee

AN  ACT to amend the social services law, in relation to fiscal interme-
  diaries in the consumer directed personal assistance program

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Section  365-f  of  the social services law is amended by
adding two new subdivisions 4-a and 4-b to read as follows:
  4-A. FISCAL INTERMEDIARY SERVICES. (A) FOR THE PURPOSES OF THIS SUBDI-
VISION:
  (I) "FISCAL INTERMEDIARY" MEANS AN ENTITY THAT PROVIDES FISCAL  INTER-
MEDIARY SERVICES AND HAS A CONTRACT FOR PROVIDING SUCH SERVICES WITH:
  (A) A LOCAL DEPARTMENT OF SOCIAL SERVICES,
  (B)  AN  ORGANIZATION  LICENSED UNDER ARTICLE FORTY-FOUR OF THE PUBLIC
HEALTH LAW, OR
  (C)  AN  ACCOUNTABLE  CARE  ORGANIZATION   CERTIFIED   UNDER   ARTICLE
TWENTY-NINE-E  OF THE PUBLIC HEALTH LAW OR AN INTEGRATED DELIVERY SYSTEM
COMPOSED PRIMARILY OF HEALTH CARE PROVIDERS RECOGNIZED BY THE DEPARTMENT
AS A PERFORMING PROVIDER SYSTEM UNDER THE DELIVERY SYSTEM REFORM  INCEN-
TIVE PAYMENT PROGRAM.
  (II)   FISCAL   INTERMEDIARY  SERVICES  SHALL  INCLUDE  THE  FOLLOWING
SERVICES, PERFORMED ON BEHALF OF THE CONSUMER TO FACILITATE HIS  OR  HER
ROLE AS THE EMPLOYER:
  (A) WAGE AND BENEFIT PROCESSING FOR CONSUMER DIRECTED PERSONAL ASSIST-
ANTS;
  (B) PROCESSING ALL INCOME TAX AND OTHER REQUIRED WAGE WITHHOLDINGS;
  (C)  COMPLYING WITH WORKERS' COMPENSATION, DISABILITY AND UNEMPLOYMENT
REQUIREMENTS;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11081-02-5

              

A. 7535--A                          2

  (D) MAINTAINING PERSONNEL RECORDS FOR EACH CONSUMER DIRECTED  PERSONAL
ASSISTANT,  INCLUDING  TIME  SHEETS  AND  OTHER DOCUMENTATION NEEDED FOR
WAGES AND BENEFIT PROCESSING AND A COPY  OF  THE  MEDICAL  DOCUMENTATION
REQUIRED PURSUANT TO REGULATIONS ESTABLISHED BY THE COMMISSIONER;
  (E) ENSURING THAT THE HEALTH STATUS OF EACH CONSUMER DIRECTED PERSONAL
ASSISTANT  IS ASSESSED PRIOR TO SERVICE DELIVERY PURSUANT TO REGULATIONS
ISSUED BY THE COMMISSIONER;
  (F) MAINTAINING  RECORDS  OF  AUTHORIZATIONS  OR  REAUTHORIZATIONS  OF
SERVICES;
  (G) MONITORING THE CONSUMER'S OR, IF APPLICABLE, THE DESIGNATED REPRE-
SENTATIVE'S  CONTINUING  ABILITY  TO FULFILL THE CONSUMER'S RESPONSIBIL-
ITIES UNDER THE PROGRAM AND PROMPTLY NOTIFYING THE AUTHORIZING ENTITY OF
ANY CIRCUMSTANCE THAT MAY AFFECT THE CONSUMER'S OR, IF  APPLICABLE,  THE
DESIGNATED REPRESENTATIVE'S ABILITY TO FULFILL SUCH RESPONSIBILITIES;
  (H)  COMPLYING WITH REGULATIONS ESTABLISHED BY THE COMMISSIONER SPECI-
FYING THE RESPONSIBILITIES OF PROVIDERS PROVIDING  SERVICES  UNDER  THIS
TITLE; AND
  (I)  ENTERING  INTO  A DEPARTMENT APPROVED MEMORANDUM OF UNDERSTANDING
WITH THE CONSUMER THAT DESCRIBES  THE  PARTIES'  RESPONSIBILITIES  UNDER
THIS PROGRAM.
  (III) FISCAL INTERMEDIARIES ARE NOT RESPONSIBLE FOR, AND FISCAL INTER-
MEDIARY  SERVICES SHALL NOT INCLUDE, FULFILLMENT OF THE RESPONSIBILITIES
OF THE CONSUMER OR, IF APPLICABLE, THE CONSUMER'S  DESIGNATED  REPRESEN-
TATIVE  AS  ESTABLISHED  BY  THE  COMMISSIONER.  A FISCAL INTERMEDIARY'S
RESPONSIBILITIES SHALL NOT INCLUDE: MANAGING THE PLAN OF CARE  INCLUDING
RECRUITING  AND  HIRING  A SUFFICIENT NUMBER OF INDIVIDUALS WHO MEET THE
DEFINITION OF CONSUMER DIRECTED PERSONAL  ASSISTANT,  AS  SUCH  TERM  IS
DEFINED  BY  THE  COMMISSIONER,  TO PROVIDE AUTHORIZED SERVICES THAT ARE
INCLUDED ON THE CONSUMER'S PLAN OF CARE; TRAINING, SUPERVISING AND SCHE-
DULING EACH  ASSISTANT;  TERMINATING  THE  ASSISTANT'S  EMPLOYMENT;  AND
ASSURING  THAT EACH CONSUMER DIRECTED PERSONAL ASSISTANT COMPETENTLY AND
SAFELY PERFORMS THE PERSONAL CARE SERVICES, HOME  HEALTH  AIDE  SERVICES
AND  SKILLED  NURSING  TASKS THAT ARE INCLUDED ON THE CONSUMER'S PLAN OF
CARE. A FISCAL INTERMEDIARY SHALL EXERCISE REASONABLE CARE  IN  PROPERLY
CARRYING OUT ITS RESPONSIBILITIES UNDER THE PROGRAM.
  (B)  NO  ENTITY  SHALL  PROVIDE,  DIRECTLY OR THROUGH CONTRACT, FISCAL
INTERMEDIARY SERVICES WITHOUT A LICENSE AS A FISCAL INTERMEDIARY  ISSUED
BY THE COMMISSIONER IN ACCORDANCE WITH THIS SUBDIVISION.
  (C)  AN  APPLICATION  FOR  LICENSURE AS A FISCAL INTERMEDIARY SHALL BE
FILED WITH THE COMMISSIONER, TOGETHER WITH SUCH OTHER FORMS AND INFORMA-
TION AS SHALL BE PRESCRIBED BY, OR ACCEPTABLE TO THE  COMMISSIONER.  THE
COMMISSIONER SHALL NOT APPROVE AN APPLICATION FOR LICENSURE UNLESS HE OR
SHE  IS  SATISFIED  AS  TO THE CHARACTER, COMPETENCE AND STANDING IN THE
COMMUNITY OF THE APPLICANT'S INCORPORATORS, DIRECTORS, SPONSORS,  STOCK-
HOLDERS  OR  OPERATORS  AND  FINDS  THAT  THE PERSONNEL, RULES, CONSUMER
CONTRACTS OR AGREEMENTS, AND FISCAL INTERMEDIARY SERVICES  ARE  FIT  AND
ADEQUATE,  AND THAT THE FISCAL INTERMEDIARY SERVICES WILL BE PROVIDED IN
THE MANNER REQUIRED BY THIS SUBDIVISION AND THE  RULES  AND  REGULATIONS
THEREUNDER, IN A MANNER DETERMINED BY THE COMMISSIONER.
  (D)  NEITHER PUBLIC NEED, TAX STATUS, PROFIT-MAKING STATUS, NOR LICEN-
SURE OR CERTIFICATION PURSUANT  TO  ARTICLE  THIRTY-SIX  OF  THE  PUBLIC
HEALTH  LAW  SHALL  BE CRITERIA FOR LICENSURE.  ORGANIZATIONS AUTHORIZED
PURSUANT TO ARTICLE FORTY-FOUR OF THE PUBLIC HEALTH  LAW  SHALL  NOT  BE
GRANTED A LICENSE AS A FISCAL INTERMEDIARY.
  (E)  THE  COMMISSIONER SHALL CHARGE TO APPLICANTS FOR THE LICENSURE OF
FISCAL INTERMEDIARIES AN APPLICATION FEE OF TWO THOUSAND DOLLARS.

A. 7535--A                          3

  4-B. PROCEEDINGS INVOLVING THE LICENSE OF A FISCAL INTERMEDIARY. (A) A
LICENSE OF A FISCAL INTERMEDIARY MAY BE REVOKED, SUSPENDED,  LIMITED  OR
ANNULLED  BY THE COMMISSIONER ON PROOF THAT IT HAS FAILED TO COMPLY WITH
THE PROVISIONS OF SUBDIVISION FOUR-A  OF  THIS  SECTION  OR  REGULATIONS
PROMULGATED HEREUNDER.
  (B)  NO SUCH LICENSE SHALL BE REVOKED, SUSPENDED, LIMITED, ANNULLED OR
DENIED  WITHOUT  A  HEARING.  HOWEVER,  A  LICENSE  MAY  BE  TEMPORARILY
SUSPENDED  OR  LIMITED  WITHOUT  A HEARING FOR A PERIOD NOT IN EXCESS OF
THIRTY DAYS UPON WRITTEN NOTICE TO THE FISCAL INTERMEDIARY  FOLLOWING  A
FINDING  BY  THE DEPARTMENT THAT THE PUBLIC HEALTH OR SAFETY IS IN IMMI-
NENT DANGER. SUCH PERIOD MAY  BE  RENEWED  UPON  WRITTEN  NOTICE  AND  A
CONTINUED FINDING UNDER THIS PARAGRAPH.
  (C)  THE  COMMISSIONER  SHALL  FIX A TIME AND PLACE FOR THE HEARING. A
COPY OF THE CHARGES, TOGETHER WITH THE NOTICE OF THE TIME AND  PLACE  OF
THE HEARING, SHALL BE SERVED IN PERSON OR MAILED BY REGISTERED OR CERTI-
FIED MAIL TO THE FISCAL INTERMEDIARY AT LEAST TWENTY-ONE DAYS BEFORE THE
DATE  FIXED FOR THE HEARING. THE FISCAL INTERMEDIARY SHALL FILE WITH THE
DEPARTMENT NOT LESS THAN EIGHT DAYS PRIOR  TO  THE  HEARING,  A  WRITTEN
ANSWER TO THE CHARGES.
  (D)  ALL  ORDERS  OR  DETERMINATIONS  UNDER  THIS SUBDIVISION SHALL BE
SUBJECT TO REVIEW AS PROVIDED IN  ARTICLE  SEVENTY-EIGHT  OF  THE  CIVIL
PRACTICE LAW AND RULES.
  S  2.  This  act shall take effect on the first of July after it shall
have become a law; provided that, effective immediately, the commission-
er of health shall make regulations and take  other  actions,  including
issuing  licenses  under  section  365-f  of  the social services law as
amended by this act, to implement this act on that date.