NY State Senate Bill 2019-S2802

Senate Bill S2802

2019-2020 Legislative Session

Provides for the allocation of monies for dental health services in the medicaid managed care program, the child health insurance program and the family health plus program

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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to health
Jan 29, 2019	referred to health

2019-S2802 (ACTIVE) - Details

See Assembly Version of this Bill:: A3362
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Amd §2511, Pub Health L; amd §364-j, Soc Serv L
Versions Introduced in Other Legislative Sessions:: 2009-2010: A7535
2011-2012: A1834
2013-2014: A2824
2015-2016: A1492
2017-2018: S6247, A6879
2021-2022: S5798, A3979
2023-2024: S2652
2025-2026: S3942

2019-S2802 (ACTIVE) - Summary

Provides for the allocation of monies for dental health services in the medicaid managed care program, the child health insurance program and the family health plus program.

2019-S2802 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S2802

SPONSOR: COMRIE
 
TITLE OF BILL:

An act to amend the public health law and the social services law, in
relation to allocating monies for dental health services in the medicaid
managed care program, the child health insurance program, and the family
health plus program

 
PURPOSE OR GENERAL IDEA OF BILL:

Requires that eighty percent of monies for dental services under the
Medicaid Managed Care Program, the State Child Health Insurance Program
(SCHIP), and the Family Health Plus Program be sent on the actual
provision of dental services to patients and that no more than twenty
percent be spent on administrative costs.

 
SUMMARY OF SPECIFIC PROVISIONS:

Bill Section 1 would amend section 2511 of the Public Health Law to

require that authorized entities under the state Child Health Insurance
(SCHIP) spend not more than twenty percent of the monies allocated
towards dental services on administrative costs, with at least eighty
percent being spent on actual dental care for patients.  Bill Section 2
would amend section 364-j of the Social Services Law to require that
authorized entities under the Medicaid Managed care program spend not
more that twenty percent of the monies allocated towards dental services
on administrative costs, with art least eighty percent being spent on
actual dental care for patients. Bill Section 3 would amend section
369-ee of the Social Services Law to require that authorized entities
under the Family Health Plus program spend not more than twenty percent
of the monies allocated towards dental services on administrative costs,
which at least eighty percent being spent on actual dental care for
patients. Bill Section 4 would provide that the law take effect January
1, 2020, provisions that apply to all of section 364-j of the Social
Services Law.

 
JUSTIFICATION:

It is important to keep track of the monies spent on dental services in
the three main government programs serving those who cannot afford
dental care on their own- the State Child Health Insurance Plan (SCHIP),
Medicaid managed care, and Family Health Plus. Currently, there are no
checks on how monies allocated for dental services are spent, with much
of that money being wasted on excessive administrative costs that
provide no tangible benefits to Patients.  This bill, similar to laws
that have worked in. New Jersey and Florida, requires that dental monies
be allocated primarily - at least 80% - to prevention of dental services
to patients.

Not more than 20% can be allocated to administrative coats. This bill
will improve the delivery of dental care to less affluent populations
and will eliminate wasteful, inefficient spending on administrative
costs, ensuring that New York is getting the most out of the, money it
is allocating to dental care in the three major government programs that
fund such dental care.

 
PRIOR LEGISLATIVE HISTORY:
S6247 COMRIE No Same as

 
FISCAL IMPLICATIONS:

None. The bill does not raise costs, but reallocates existing monies
more efficiently.

 
EFFECTIVE DATE:
The bill takes effect January 1, 2020, provided that section 2 of the
bill is subject to the existing repeal provisions that apply to all
section 364-j of the Social Services Law

2019-S2802 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2802
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 29, 2019
                                ___________
 
 Introduced  by  Sen.  COMRIE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Health
 
 AN ACT to amend the public health law and the social  services  law,  in
   relation  to allocating monies for dental health services in the medi-
   caid managed care program, the child health insurance program, and the
   family health plus program
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Section 2511 of the public health law is amended by adding
 a new subdivision 22 to read as follows:
   22. EVERY APPROVED ORGANIZATION THAT PROVIDES COVERAGE FOR ANY  DENTAL
 SERVICE  SHALL  SPEND  NOT LESS THAN EIGHTY PERCENT OF THE CAPITATION OR
 OTHER STATE FUNDS PAID TO THE APPROVED ORGANIZATION FOR DENTAL SERVICES,
 WHETHER AS A PREMIUM OR IN ANY OTHER FORM EITHER DIRECTLY OR INDIRECTLY,
 FOR THE PROVISION OF DENTAL SERVICES TO PATIENTS BY  LICENSED  DENTISTS.
 IN  THE  EVENT THE APPROVED ORGANIZATION SPENDS LESS THAN EIGHTY PERCENT
 OF THE CAPITATION OR OTHER STATE FUNDS PAID TO IT FOR  DENTAL  SERVICES,
 WHETHER AS A PREMIUM OR IN ANY OTHER FORM EITHER DIRECTLY OR INDIRECTLY,
 FOR  THE  PROVISION OF DENTAL SERVICES, THE DIFFERENCE SHALL BE RETURNED
 TO THE DEPARTMENT. IN NO EVENT SHALL MORE THAN  TWENTY  PERCENT  OF  THE
 CAPITATION  OR  OTHER  STATE FUNDS PAID TO THE APPROVED ORGANIZATION FOR
 DENTAL SERVICES, WHETHER AS A  PREMIUM  OR  IN  ANY  OTHER  FORM  EITHER
 DIRECTLY  OR INDIRECTLY, BE SPENT BY ANY APPROVED ORGANIZATION ON ADMIN-
 ISTRATIVE SERVICES IN LIEU OF DENTAL SERVICES FOR PATIENTS. THE  DEPART-
 MENT  SHALL PROVIDE AN APPROVED ORGANIZATION WITH A CERTIFICATION LETTER
 INDICATING THE AMOUNT OF CAPITATION OR OTHER STATE FUNDS PAID FOR DENTAL
 SERVICES, WHETHER AS A PREMIUM OR IN ANY OTHER FORM EITHER  DIRECTLY  OR
 INDIRECTLY, DURING EACH YEAR PURSUANT TO THIS SECTION.
   §  2.  Section 364-j of the social services law is amended by adding a
 new subdivision 34 to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06500-01-9

 S. 2802                             2
 
   34. EVERY MANAGED CARE PROVIDER AND MANAGED CARE PROGRAM THAT PROVIDES
 COVERAGE FOR ANY DENTAL SERVICE SHALL SPEND NOT LESS THAN EIGHTY PERCENT
 OF THE CAPITATION OR OTHER STATE FUNDS PAID TO THE MANAGED CARE PROVIDER
 OR MANAGED CARE PROGRAM FOR DENTAL SERVICES, WHETHER AS A PREMIUM OR  IN
 ANY  OTHER  FORM  EITHER  DIRECTLY  OR  INDIRECTLY, FOR THE PROVISION OF
 DENTAL SERVICES TO PATIENTS BY LICENSED DENTISTS.    IN  THE  EVENT  THE
 MANAGED  CARE  PROVIDER  OR MANAGED CARE PROGRAM SPENDS LESS THAN EIGHTY
 PERCENT OF THE CAPITATION OR OTHER STATE FUNDS PAID  TO  IT  FOR  DENTAL
 SERVICES,  WHETHER  AS A PREMIUM OR IN ANY OTHER FORM EITHER DIRECTLY OR
 INDIRECTLY, FOR THE PROVISION OF DENTAL SERVICES, THE  DIFFERENCE  SHALL
 BE  RETURNED  TO  THE  DEPARTMENT.    IN NO EVENT SHALL MORE THAN TWENTY
 PERCENT OF THE CAPITATION OR OTHER STATE FUNDS PAID TO THE MANAGED  CARE
 PROVIDER  OR  MANAGED  CARE  PROGRAM  FOR  DENTAL SERVICES, WHETHER AS A
 PREMIUM OR IN ANY OTHER FORM EITHER DIRECTLY OR INDIRECTLY, BE SPENT  BY
 ANY  MANAGED  CARE  PROVIDER  OR  MANAGED CARE PROGRAM ON ADMINISTRATIVE
 SERVICES IN LIEU OF DENTAL SERVICES FOR PATIENTS. THE  DEPARTMENT  SHALL
 PROVIDE  A MANAGED CARE PROVIDER AND MANAGED CARE PROGRAM WITH A CERTIF-
 ICATION LETTER INDICATING THE AMOUNT OF CAPITATION OR OTHER STATE  FUNDS
 PAID  FOR  DENTAL  SERVICES,  WHETHER  AS A PREMIUM OR IN ANY OTHER FORM
 EITHER DIRECTLY  OR  INDIRECTLY,  DURING  EACH  YEAR  PURSUANT  TO  THIS
 SECTION.
   §  3.  This  act shall take effect January 1, 2020, provided, however,
 that the amendments to section 364-j of the social services law made  by
 section  two of this act shall not affect the repeal of such section and
 shall be deemed repealed therewith.

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