S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6768
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 29, 2021
                                ___________
 
 Introduced  by M. of A. HYNDMAN -- read once and referred to the Commit-
   tee on Health
 
 AN ACT to amend the social services law, in relation to fiscal  interme-
   diary services
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Subparagraph (vi) of paragraph (b) of  subdivision  4-a  of
 section  365-f  of  the  social services law, as amended by section 4 of
 part G of chapter 57 of the laws of 2019, is amended to read as follows:
   (vi) the commissioner is authorized to reoffer  contracts  [under  the
 same  terms  of  this  subdivision,  if determined necessary by the], TO
 ENSURE THAT ALL PROVISIONS IN THIS SECTION ARE MET.    THE  commissioner
 SHALL  REOFFER  CONTRACTS  TO  ENSURE THAT THERE ARE AT LEAST TWO FISCAL
 INTERMEDIARIES HEADQUARTERED IN EACH COUNTY WITH  A  POPULATION  OF  TWO
 HUNDRED THOUSAND OR MORE.
   § 2. Section 365-f of the social services law is amended by adding two
 new subdivisions 4-e and 4-f to read as follows:
   4-E.  FOLLOWING  THE SELECTION OF CONTRACTORS PURSUANT TO THIS SECTION
 AND IN ORDER TO ENSURE REGIONAL CHOICE AND EXPERIENCE  SERVING  INDIVID-
 UALS  WITH DEVELOPMENTAL DISABILITIES, THE COMMISSIONER SHALL PROVIDE NO
 LESS THAN FIVE ADDITIONAL AWARDS TO ENTITIES WHICH  MEET  THE  FOLLOWING
 CRITERIA:
   (A) ARE A NOT-FOR-PROFIT ENTITY;
   (B)  HAVE  BEEN  ESTABLISHED AS FISCAL INTERMEDIARIES PRIOR TO JANUARY
 FIRST, TWO THOUSAND TWELVE AND HAVE  BEEN  CONTINUOUSLY  PROVIDING  SUCH
 SERVICES FOR ELIGIBLE INDIVIDUALS PURSUANT TO THIS SECTION; AND
   (C) ARE CURRENTLY AUTHORIZED, FUNDED, APPROVED AND CERTIFIED TO DELIV-
 ER STATE PLAN AND HOMES AND COMMUNITY-BASED WAIVER SUPPORTS AND SERVICES
 TO  INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES BY THE OFFICE FOR PEOPLE
 WITH DEVELOPMENTAL DISABILITIES.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09910-03-1
              

 A. 6768                             2
 
   4-F. FOLLOWING THE SELECTION OF CONTRACTORS PURSUANT TO  THIS  SECTION
 AND IN ORDER TO ENSURE REGIONAL CHOICE AND EXPERIENCE SERVING RACIAL AND
 ETHNIC  MINORITIES,  THE  COMMISSIONER  SHALL  PROVIDE NO LESS THAN FIVE
 ADDITIONAL AWARDS TO ENTITIES WHICH MEET THE FOLLOWING CRITERIA:
   (A) ARE A NOT-FOR-PROFIT ENTITY;
   (B)  HAVE  BEEN  ESTABLISHED AS FISCAL INTERMEDIARIES PRIOR TO JANUARY
 FIRST, TWO THOUSAND TWELVE AND HAVE  BEEN  CONTINUOUSLY  PROVIDING  SUCH
 SERVICES FOR ELIGIBLE INDIVIDUALS PURSUANT TO THIS SECTION; AND
   (C) PRIMARILY PROVIDE SERVICES TO RACIAL AND ETHNIC MINORITY RESIDENTS
 OR  PERSONS  WHO HAVE RECENTLY BECOME AMERICAN CITIZENS IN SUCH PERSON'S
 NATIVE LANGUAGE.
   § 3. This act shall take effect immediately and  shall  be  deemed  to
 have been in full force and effect on January 1, 2021.