NY State Senate Bill 2017-S4848

Senate Bill S4848

2017-2018 Legislative Session

Requires managed long term care programs to distribute money received from the state for medicaid patients using a reasonable methodology

download bill text pdf

Archive: Last Bill Status - In Senate Committee Health Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to health returned to senate died in assembly
May 08, 2017	referred to health delivered to assembly passed senate
Mar 20, 2017	advanced to third reading
Mar 15, 2017	2nd report cal.
Mar 13, 2017	1st report cal.414
Mar 03, 2017	referred to health

Votes

- May 8, 2017 - Floor Vote
  S4848
  
  61
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: May 8, 2017
      
      aye (61)
      
      Addabbo Jr.
      
      Akshar
      
      Alcantara
      
      Amedore
      
      Avella
      
      Bailey
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Helming
      
      Hoylman-Sigal
      
      Jacobs
      
      Kaminsky
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Little
      
      Marcellino
      
      Marchione
      
      Montgomery
      
      Murphy
      
      O'Mara
      
      Ortt
      
      Peralta
      
      Persaud
      
      Phillips
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Valesky
      
      Young
      
      excused (1)
      
      Parker
  Mar 14, 2017 - Health Committee Vote
  S4848
  
  17
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Health Committee Vote: Mar 14, 2017
      
      aye (17)
      
      Felder
      
      Golden
      
      Hannon
      
      Hoylman-Sigal
      
      Jacobs
      
      Kaminsky
      
      Larkin
      
      Little
      
      Montgomery
      
      Murphy
      
      Persaud
      
      Ritchie
      
      Rivera
      
      Seward
      
      Stavisky
      
      Tedisco
      
      Valesky

2017-S4848 (ACTIVE) - Details

Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Amd §3614, Pub Health L
Versions Introduced in 2019-2020 Legislative Session:: S4971

2017-S4848 (ACTIVE) - Summary

Requires managed long term care programs to distribute money received from the state for medicaid patients using a reasonable methodology, including for training and retention of non-supervisory home care service workers and personnel who provide direct care.

2017-S4848 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S4848

 TITLE OF BILL :

An act to amend the public health law, in relation to the distribution
of moneys received by managed long term care programs from the state
for medicaid patients

 PURPOSE :

This bill would provide transparency in the distribution and
allocation of recruitment, training and retention monies provided to
managed care plans plans for distribution to home health care agencies
by the state.

 SUMMARY OF PROVISIONS :

Section one of the bill amends section 3614 the public health law to
require managed long term care plans to distribute recruitment and
retention funds to providers in a reasonable methodology and shall
provide written notification to contracting agencies of the amount of
funds disbursed. In addition, plans must provide attestations as to
the methodology for the disbursement of such funds to the department.

 JUSTIFICATION :

For many years, the State has provided home care recruitment and
retention funding(HR&R) to be used solely for the purposes of
recruitment, training and retention of home care aides and other
direct care personnel. Under Medicaid fee-for-service contracts, home
care agencies received a separate line item in their remittances for
their HR&R funds. However, in Medicaid managed care and under Medicaid
managed long term care, there is no transparency regarding how the
HR&R funds are used once they have been disbursed to managed care
plans. Plans are not required to submit records of their HR&R funding
allocations to the Department of Health (DOH), and home care providers
are not informed how much HR&R funding, if any, is being distributed
to them. While some plans maintain that the HR&R funds are embedded in
their contracted rates, providers have not seen increases in their
rates as a result.

The HR&R funds could help home care providers address the tremendous
challenges they face in recruiting, training, and retaining qualified
workers, including offering more competitive salaries and other
incentives in areas experiencing labor shortages. Further investment
in home care workforce training will also be essential for home care
to fulfill its critical role in delivering value-based care. New and
collaborative models of care delivery will require home care workers
to be trained in new areas, such as the use of technology to collect
and transmit clinical data. In addition, HR&R funding can support
training and investment in career pathways, such as the Advanced Home
Health Aide designation that was enacted last year.

 LEGISLATIVE HISTORY :

New bill

 FISCAL IMPLICATIONS :

None

 EFFECTIVE DATE :
This act shall take effect immediately.

2017-S4848 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4848
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               March 3, 2017
                                ___________
 
 Introduced  by  Sen.  HANNON -- read twice and ordered printed, and when
   printed to be committed to the Committee on Health
 
 AN ACT to amend the public health law, in relation to  the  distribution
   of  moneys  received by managed long term care programs from the state
   for medicaid patients

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraph  (b)  of  subdivision 10 of section 3614 of the
 public health law, as amended by section 5 of part C of chapter  109  of
 the laws of 2006, is amended and a new paragraph (e) is added to read as
 follows:
   (b) Programs which have their rates adjusted pursuant to this subdivi-
 sion shall use such funds solely for the purposes of recruitment, train-
 ing and retention of non-supervisory home care services workers or other
 personnel  with  direct  patient care responsibility. Such purpose shall
 include the recruitment, training and retention of non-supervisory  home
 care  services  workers or any worker with direct patient care responsi-
 bility employed in licensed home care services agencies  under  contract
 with  such  agencies.  Such agencies are prohibited from using such fund
 for any other purpose. For purposes of the long term  home  health  care
 program,  such payment shall be treated as supplemental payments and not
 effect any current cost cap requirement. FOR  PURPOSES  OF  THE  MANAGED
 LONG  TERM  CARE  PROGRAM,  PLANS  SHALL  DISTRIBUTE SUCH FUNDS IN THEIR
 ENTIRETY USING A REASONABLE METHODOLOGY. SUCH PAYMENTS SHALL BE  SUPPLE-
 MENTAL TO REIMBURSEMENT RATES, AND PLANS SHALL PROVIDE WRITTEN NOTIFICA-
 TION  TO EACH CONTRACTED AGENCY INDICATING THE AMOUNT OF FUNDS DISBURSED
 FOR THE PURPOSE OF RECRUITMENT, TRAINING AND RETENTION OF NON-SUPERVISO-
 RY HOME CARE SERVICES WORKERS OR ANY PERSONNEL WITH DIRECT PATIENT  CARE
 RESPONSIBILITY. Each such agency shall submit, at a time and in a manner
 determined  by  the commissioner, a written certification attesting that
 such funds will be used solely for the purpose of recruitment,  training
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD10365-01-7

 S. 4848                             2
 
 and retention of non-supervisory home health aides or any personnel with
 direct  patient care responsibility. WHEN SUBMITTING ATTESTATIONS TO THE
 DEPARTMENT, MANAGED LONG TERM CARE PLANS SHALL INCLUDE  THE  METHODOLOGY
 UTILIZED IN THE DISBURSEMENT OF FUNDS. The commissioner is authorized to
 audit  each such agency or program to ensure compliance with the written
 certification required by this subdivision and shall  recoup  any  funds
 determined  to  have  been  used for purposes other than recruitment and
 retention of non-supervisory home health aides or other  personnel  with
 direct patient care responsibility. Such recoupment shall be in addition
 to any other penalties provided by law.
   (E)  THE DEPARTMENT SHALL PROVIDE A REPORT TO THE CHAIRS OF THE SENATE
 FINANCE COMMITTEE, ASSEMBLY WAYS AND MEANS COMMITTEE, AND SENATE  HEALTH
 AND  ASSEMBLY  HEALTH COMMITTEES.   SUCH REPORT SHALL BE SUBMITTED ON OR
 BEFORE JANUARY FIRST,  TWO  THOUSAND  EIGHTEEN  AND  SHALL  INCLUDE  THE
 DISTRIBUTION  OF  MONIES  BY PLAN AND PROVIDER OF THE FUNDS SET FORTH IN
 THIS SUBDIVISION.
   § 2. This act shall take effect immediately.

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