Senate Bill S8361

2019-2020 Legislative Session

Relates to payments for personal protective equipment for home and community based long term care services

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly 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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2019-S8361 (ACTIVE) - Details

See Assembly Version of this Bill:
A10451
Current Committee:
Assembly Health
Law Section:
Public Health Law
Laws Affected:
Add §3614-f, Pub Health L
Versions Introduced in Other Legislative Sessions:
2021-2022: S2543, A179
2023-2024: S2928

2019-S8361 (ACTIVE) - Summary

Provides for insurance reimbursement for expenses related to the provision of personal protective equipment (PPE) for direct care workers, care recipients and an emergency inventory of a ninety-day supply of PPE.

2019-S8361 (ACTIVE) - Sponsor Memo

2019-S8361 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8361
 
                             I N  S E N A T E
 
                               May 19, 2020
                                ___________
 
 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  payments  for
   personal  protective  equipment for home and community based long term
   care services
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  public health law is amended by adding a new section
 3614-f to read as follows:
   § 3614-F. PAYMENTS FOR PERSONAL  PROTECTIVE  EQUIPMENT  FOR  HOME  AND
 COMMUNITY BASED LONG TERM CARE SERVICES. THE PAYMENT OF CLAIMS SUBMITTED
 UNDER CONTRACTS OR AGREEMENTS WITH INSURERS UNDER THE MEDICAL ASSISTANCE
 PROGRAM  FOR  HOME  AND COMMUNITY BASED LONG TERM CARE SERVICES PROVIDED
 UNDER THIS ARTICLE OR BY FISCAL  INTERMEDIARIES  OPERATING  PURSUANT  TO
 SECTION  THREE  HUNDRED  SIXTY-FIVE-F  OF  THE SOCIAL SERVICES LAW SHALL
 INCLUDE REIMBURSEMENT FOR EXPENSES RELATED TO THE PROVISION OF  PERSONAL
 PROTECTIVE  EQUIPMENT (PPE) FOR DIRECT CARE WORKERS, CARE RECIPIENTS AND
 AN EMERGENCY INVENTORY OF A NINETY-DAY SUPPLY OF PPE. SUCH REIMBURSEMENT
 SHALL BE CLEARLY IDENTIFIED AS AN ADDITION TO BASE RATES OF PAYMENTS AND
 IN AN AMOUNT THAT SUPPLEMENTS ANY CURRENT CONTRACTS  OR  AGREEMENTS  AND
 SHALL  NOT  USE  SUCH  FUNDS  TO SUPPLANT PAYMENTS FOR EXISTING SERVICES
 UNDER THE MEDICAID PROGRAM. DETERMINATION OF A STANDARDIZED  AMOUNT  FOR
 PPE  WILL BE ADJUSTED ANNUALLY AND WILL TAKE INTO CONSIDERATION CLINICAL
 BEST PRACTICES FOR PPE USE  AND  CURRENT  AND  PROJECTED  PUBLIC  HEALTH
 CONSIDERATIONS  THAT COULD RESULT IN INCREASED NEED FOR PPE SUPPLIES. IN
 THE EVENT OF A DECLARATION OF A STATE  OF  EMERGENCY,  RATE  ADJUSTMENTS
 SHALL  BE  REVIEWED AND IMPLEMENTED WITHIN THIRTY DAYS TO ACCOMMODATE AN
 IMMEDIATE NEED FOR INCREASED SUPPLIES OF PPE. PROVIDED THAT  NO  PORTION
 OF  THE  DOLLARS  SPENT  OR  TO BE SPENT TO SATISFY THE NEED FOR PPE FOR
 WORKERS UNDER THIS SECTION SHALL BE RETAINED OR USED FOR ANOTHER  MANNER
 BY THE HOME AND COMMUNITY BASED LONG TERM CARE PROVIDER OR FISCAL INTER-
 MEDIARY  IN RECEIPT OF THE FUNDING AND FURTHER THAT INSURERS AND PROVID-
 ERS SHALL REPORT COMPLIANCE WITH THIS SECTION TO  THE  DEPARTMENT  AS  A
 COMPONENT OF STANDARDIZED COST REPORTS REQUIRED BY THE DEPARTMENT.
   § 2. This act shall take effect immediately.

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