S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5676
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              March 16, 2021
                                ___________
 
 Introduced  by  Sen.  RIVERA -- read twice and ordered printed, and when
   printed to be committed to the Committee on Disabilities
 
 AN ACT to amend the public health law,  in  relation  to  a  review  and
   recommendations  of  reimbursement adequacy and other matters relating
   to early intervention

   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
 2559-c to read as follows:
   § 2559-C. EARLY INTERVENTION RATE ADEQUACY REVIEW. 1. THE COMMISSIONER
 SHALL REVIEW THE RATES OF REIMBURSEMENT MADE THROUGH  THE  EARLY  INTER-
 VENTION PROGRAM FOR RATE ADEQUACY. THE REVIEW SHALL INCLUDE:
   (A)  A  COMPREHENSIVE  ASSESSMENT  OF THE EXISTING METHODOLOGY USED TO
 DETERMINE  PAYMENT  FOR  EARLY  INTERVENTION  SCREENINGS,   EVALUATIONS,
 SERVICES AND SERVICE COORDINATION, INCLUDING BUT NOT LIMITED TO:
   (I)  ANALYSIS  OF EARLY INTERVENTION RULES, REGULATIONS, AND POLICIES,
 INCLUDING POLICIES, PROCESSES, AND REVENUE SOURCES;
   (II) ANALYSIS OF COSTS TO PROVIDERS PARTICIPATING IN THE EARLY  INTER-
 VENTION  PROGRAM,  INCLUDING TIME AND COST OF TRAVEL, SERVICE PROVISION,
 AND ADMINISTRATIVE ACTIVITIES; AND
   (III) ANALYSIS BY DISCIPLINE AND LABOR REGION  OF  SALARY  LEVELS  FOR
 INDIVIDUALS PROVIDING EARLY INTERVENTION SERVICES COMPARED TO THE SALARY
 LEVELS FOR INDIVIDUALS IN THE SAME DISCIPLINES AND LABOR REGIONS PROVID-
 ING SERVICES OTHER THAN IN THE EARLY INTERVENTION PROGRAM;
   (B)  RECOMMENDATIONS FOR MAINTAINING OR CHANGING REIMBURSEMENT METHOD-
 OLOGIES. RECOMMENDATIONS UNDER THIS PARAGRAPH SHALL BE  CONSISTENT  WITH
 FEDERAL LAW AND SHALL INCLUDE RECOMMENDATIONS FOR APPROPRIATE CHANGES IN
 STATE  LAW AND REGULATIONS. THE RECOMMENDATIONS SHALL CONSIDER APPROPRI-
 ATE PAYMENT METHODOLOGIES AND RATES FOR IN-PERSON AND  TELEHEALTH  EARLY
 INTERVENTION  EVALUATIONS  AND  SERVICES  TO  ADDRESS BARRIERS IN TIMELY
 SERVICE PROVISION AS WELL AS RACIAL  AND  SOCIOECONOMIC  DISPARITIES  IN
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD10413-01-1

 S. 5676                             2
 
 ACCESS,  WITH  CONSIDERATION  OF  FACTORS INCLUDING, BUT NOT LIMITED TO,
 PAYMENT FOR BILINGUAL SERVICES,  TRAVEL  TIME,  GEOGRAPHIC  VARIABILITY,
 ACCESS  TO AND COST OF TECHNOLOGY, COST OF LIVING, AND OTHER BARRIERS TO
 TIMELY SERVICE PROVISION;
   (C)  THE PROJECTED NUMBER OF CHILDREN WHO WILL NEED EARLY INTERVENTION
 SERVICES IN THE NEXT FIVE YEARS DISAGGREGATED BY COUNTY;
   (D) THE WORKFORCE NEEDED TO PROVIDE SERVICES IN THE NEXT FIVE YEARS TO
 ALL CHILDREN ELIGIBLE FOR EARLY INTERVENTION SERVICES, DISAGGREGATED  BY
 COUNTY; AND
   (E) OPPORTUNITIES FOR STAKEHOLDER INPUT ON CURRENT RATE METHODOLOGIES.
   2.  WITHIN  ONE  YEAR  AFTER  THE  EFFECTIVE DATE OF THIS SECTION, THE
 COMMISSIONER SHALL SUBMIT A REPORT OF THE FINDINGS  AND  RECOMMENDATIONS
 UNDER  THIS  SECTION  TO  THE  GOVERNOR,  THE TEMPORARY PRESIDENT OF THE
 SENATE, THE SPEAKER OF THE ASSEMBLY, AND THE CHAIRS OF  THE  SENATE  AND
 ASSEMBLY  COMMITTEES ON HEALTH, AND SHALL POST THE REPORT ON THE DEPART-
 MENT'S WEBSITE.
   § 2. This act shall take effect immediately.