S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10010
 
                           I N  A S S E M B L Y
 
                               March 4, 2020
                                ___________
 
 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 requirements for
   certain state programs to obtain federal financial  supports  for  the
   implementation of a delivery system reform incentive payment program
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 363-a of the social  services  law  is  amended  by
 adding a new subdivision 5 to read as follows:
   5.  NOTWITHSTANDING  ANY  PROVISION  OF LAW, REGULATION, RULE, FEDERAL
 WAIVER REQUEST, OR AGENCY GUIDANCE TO THE CONTRARY,  ANY  STATE  PROGRAM
 IMPLEMENTED  PURSUANT  TO AN AGREEMENT WITH THE CENTERS FOR MEDICARE AND
 MEDICAID SERVICES TO OBTAIN FEDERAL FINANCIAL SUPPORTS FOR THE IMPLEMEN-
 TATION OF A DELIVERY SYSTEM REFORM INCENTIVE PAYMENT  ("DSRIP")  PROGRAM
 CONSISTENT  WITH  SECTION 1115A OF THE FEDERAL SOCIAL SECURITY ACT SHALL
 REQUIRE THAT A MINIMUM OF FORTY PERCENT OF ALL FUNDS AWARDED PURSUANT TO
 A STATE DSRIP PROGRAM ON OR AFTER NOVEMBER TWENTY-SEVENTH, TWO  THOUSAND
 NINETEEN,  SHALL  BE  DISBURSED TO COMMUNITY-BASED HEALTH CARE PROVIDERS
 FOR THE EXCLUSIVE  PURPOSE  OF  SUPPORTING  THE  PROGRAMS  AND  SERVICES
 DEFINED  IN THIS SUBDIVISION. FOR PURPOSES OF THIS SUBDIVISION, COMMUNI-
 TY-BASED HEALTH CARE PROVIDERS SHALL BE  DEFINED  AS  A  DIAGNOSTIC  AND
 TREATMENT  CENTER  LICENSED  OR  GRANTED  AN OPERATING CERTIFICATE UNDER
 ARTICLE TWENTY-EIGHT OF THE PUBLIC HEALTH LAW OTHER  THAN  THOSE  OWNED,
 OPERATED,  OR  CONTROLLED  BY  A  GENERAL HOSPITAL AS DEFINED IN SECTION
 TWENTY-EIGHT HUNDRED ONE OF THE  PUBLIC  HEALTH  LAW;  A  MENTAL  HEALTH
 OUTPATIENT  PROVIDER  LICENSED OR GRANTED AN OPERATING CERTIFICATE UNDER
 ARTICLE THIRTY-ONE OF THE MENTAL HYGIENE LAW; A SUBSTANCE  USE  DISORDER
 TREATMENT  PROVIDER  LICENSED  OR GRANTED AN OPERATING CERTIFICATE UNDER
 ARTICLE THIRTY-TWO OF THE MENTAL  HYGIENE  LAW;  A  CLINIC  LICENSED  OR
 GRANTED  AN  OPERATING  CERTIFICATE  UNDER ARTICLE SIXTEEN OF THE MENTAL
 HYGIENE LAW; A PATIENT-CENTERED MEDICAL HOME  OTHER  THAN  THOSE  OWNED,
 OPERATED,  OR  CONTROLLED  BY  A  GENERAL HOSPITAL AS DEFINED IN SECTION
 TWENTY-EIGHT HUNDRED ONE OF THE PUBLIC  HEALTH  LAW;  A  COMMUNITY-BASED
 PROGRAM  FUNDED UNDER THE OFFICE OF MENTAL HEALTH, THE OFFICE FOR PEOPLE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD15406-01-0

 A. 10010                            2
 
 WITH DEVELOPMENTAL DISABILITIES, THE OFFICE OF  ADDICTION  SERVICES  AND
 SUPPORTS  OR  THROUGH  A  LOCAL GOVERNMENT UNIT AS DEFINED UNDER ARTICLE
 FORTY-ONE OF THE MENTAL HYGIENE LAW (EXCEPT PROGRAMS ELIGIBLE FOR  FUND-
 ING  AS  PART  OF  A DSRIP SOCIAL DETERMINANT OF HEALTH NETWORK); A HOME
 CARE PROVIDER CERTIFIED OR LICENSED PURSUANT TO  ARTICLE  THIRTY-SIX  OF
 THE PUBLIC HEALTH LAW; A HOSPICE PROVIDER LICENSED OR GRANTED AN OPERAT-
 ING CERTIFICATE UNDER ARTICLE FORTY OF THE PUBLIC HEALTH LAW; OR A FAMI-
 LY  AND  CHILD  SERVICE PROVIDER LICENSED UNDER ARTICLE TWENTY-NINE-I OF
 THE PUBLIC HEALTH LAW.
   § 2. This act shall take effect immediately and  shall  be  deemed  to
 have been in full force and effect on and after April 1, 2020.