NY State Senate Bill 2019-S4971

Senate Bill S4971

2019-2020 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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to health
Apr 03, 2019	referred to health

2019-S4971 (ACTIVE) - Details

Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Amd §3614, Pub Health L
Versions Introduced in 2017-2018 Legislative Session:: S4848

2019-S4971 (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.

2019-S4971 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S4971

SPONSOR: RIVERA
 
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 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.

Section two establishes the effective date

 
JUSTIFICATION:

For many years, the State has provided home care recruitment and
retention funding (HR&R) to be used solely for the purposes of recruit-
ment, 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 incen-
tives 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 clin-
ical 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:

2017-18: S4848 (Hannon)

 
FISCAL IMPLICATIONS:

None
 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-S4971 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4971
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               April 3, 2019
                                ___________
 
 Introduced  by  Sen.  RIVERA -- 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.

                                                            LBD11031-01-9

 S. 4971                             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 TWENTY AND SHALL INCLUDE THE DISTRIB-
 UTION 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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