NY State Senate Bill 2021-S5962

Senate Bill S5962

2021-2022 Legislative Session

Relates to fiscal intermediary services under the consumer directed personal assistance program

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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 05, 2022	referred to health
Mar 24, 2021	referred to health

co-Sponsors

2021-S5962 (ACTIVE) - Details

See Assembly Version of this Bill:: A6479
Current Committee:: Senate Health
Law Section:: Social Services Law
Laws Affected:: Amd §365-f, Soc Serv L
Versions Introduced in 2023-2024 Legislative Session:: S4147

2021-S5962 (ACTIVE) - Summary

Extends certain contracts for providing fiscal intermediary services under the consumer directed personal assistance program.

2021-S5962 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S5962

SPONSOR: REICHLIN-MELNICK
 
TITLE OF BILL:

An act to amend the social services law, in relation to fiscal interme-
diary services under the consumer directed personal assistance program

 
PURPOSE:

To allow fiscal intermediary (FI) services to continue to be provided by
Fls who were eligible providers as of January 1, 2020, until April 1,
2022. The Commissioner of Health will issue a new request for applica-
tions for contracts for services after the extension expires, with more
specific requirements applied to the scoring of applications.

 
SUMMARY OF PROVISIONS:

Section 1. Allows the services of fiscal intermediaries that are eligi-
ble providers to continue. Require a new request for applications (RFA)
to contract with the Medicaid program. The new round of applications

will be scored incrementally in relation to the criteria that will meas-
ure geographic distribution, cultural and language competence, experi-
ence serving persons with disabilities, and a record of compliance with
labor laws, with narrative explanations where applicable so that an
applicant may understand and counter if an application is declined. The
process shall make sure that applicants are approved to meet the various
criteria for services in every part of the state.

Section 2. Establishes an effective date.

 
JUSTIFICATION:

The Dept. of Health RFA process for Fls rejected applications from long-
standing highly reputable Fls, left many parts of the state without a
familiar FI, eliminated Fls who were the only ones in areas with impor-
tant language proficiency, and resulted in other injustices. Under this
bill, Fls approved under that process would proceed with that approval.
Other qualified Fls would be able to continue their work while DOH holds
a new RFA with rules that make sure that all parts of the state will be
served by experienced Fls that can meet the needs of diverse groups of
patients. It is never right - and especially not during the Coronavirus
pandemic - to disrupt a major program that provides personal care
service in the home to people who would otherwise be forced into nursing
home care.

 
LEGISLATIVE HISTORY:

No prior legislative history.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
Immediately.

2021-S5962 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5962
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              March 24, 2021
                                ___________
 
 Introduced  by  Sen. REICHLIN-MELNICK -- read twice and ordered printed,
   and when printed to be committed to the Committee on Health
 
 AN ACT to amend the social services law, in relation to fiscal  interme-
   diary services under the consumer directed personal assistance program
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 4-a of section 365-f of the social services law
 is amended by adding two new paragraphs (d) and (e) to read as follows:
   (D) (I) THIS PARAGRAPH APPLIES TO A FISCAL  INTERMEDIARY  THAT  IS  AN
 ELIGIBLE ENTITY UNDER PARAGRAPH (A) OF THIS SUBDIVISION AND HAS PROVIDED
 FISCAL  INTERMEDIARY  SERVICES DURING THE CORONAVIRUS EMERGENCY DECLARED
 BY THE GOVERNOR, NOTWITHSTANDING PARAGRAPH (B) OF THIS SUBDIVISION.
   (II) THE FISCAL INTERMEDIARY IS ENTITLED TO CONTINUE TO PROVIDE FISCAL
 INTERMEDIARY SERVICES UNDER THE TERMS APPLICABLE ON JANUARY  FIRST,  TWO
 THOUSAND  TWENTY, AND SHALL BE ENTITLED TO CONTINUE DOING SO UNDER THOSE
 TERMS THROUGH APRIL FIRST, TWO THOUSAND TWENTY-TWO.
   (III) THIS PARAGRAPH SHALL NOT PREVENT  AN  ACTION  TAKEN  UNDER,  AND
 CONSISTENT WITH, SUBDIVISION FOUR-B OF THIS SECTION.
   (E)  (I)  THE  COMMISSIONER  SHALL, WITHIN SIXTY DAYS OF THE EFFECTIVE
 DATE OF THIS  PARAGRAPH,  ISSUE  A  NEW  REQUEST  FOR  APPLICATIONS  FOR
 CONTRACTS  UNDER  PARAGRAPH (B) OF THIS SUBDIVISION. APPLICANTS SHALL BE
 SCORED INCREMENTALLY ON THE CRITERIA IN THAT  PARAGRAPH,  PROVIDED  THAT
 THE  PROCESS  MAKES SURE THAT, TO THE MAXIMUM EXTENT POSSIBLE, THERE ARE
 FISCAL INTERMEDIARIES PROVIDING SERVICES TO APPROPRIATELY SERVE INDIVID-
 UALS PARTICIPATING IN THE PROGRAM,  WITH  GEOGRAPHIC  DISTRIBUTION  THAT
 ENSURES  ACCESS  IN  RURAL  AND  UNDERSERVED  AREAS,  WITH  DEMONSTRATED
 CULTURAL AND LANGUAGE COMPETENCIES SPECIFIC TO THE POPULATION OF CONSUM-
 ERS AND THOSE OF THE AVAILABLE WORKFORCE, WITH ABILITY TO PROVIDE TIMELY
 CONSUMER ASSISTANCE, WITH EXPERIENCE SERVING INDIVIDUALS WITH  DISABILI-
 TIES,  WITH  THE  AVAILABILITY OF CONSUMER PEER SUPPORT, AND WITH DEMON-
 STRATED COMPLIANCE WITH ALL APPLICABLE FEDERAL AND STATE LAWS AND  REGU-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD10502-01-1

 S. 5962                             2
 
 LATIONS, INCLUDING BUT NOT LIMITED TO THOSE RELATING TO WAGES AND LABOR.
 EACH APPLICANT'S INCREMENTAL SCORES, AND ACCOMPANYING NARRATIVE EXPLANA-
 TION  WHERE  APPLICABLE,  SHALL BE PROVIDED TO THE APPLICANT. APPLICANTS
 SHALL BE PROVIDED A PERIOD NOT LESS THAN SIXTY DAYS AFTER BEING PROVIDED
 THEIR  SCORES  TO  RESPOND  WITH  EVIDENCE  INTENDED TO INFLUENCE A POOR
 INCREMENTAL SCORE, OR CORRECT AN ERROR IN A  NARRATIVE  EXPLANATION.  NO
 CONTRACT SHALL BE DENIED UNTIL THE COMMISSIONER HAS EVALUATED THE APPLI-
 CANT'S  RESPONSE  AND  ANY  SUBSEQUENT  DENIAL SHALL INCLUDE A NARRATIVE
 DESCRIBING THE COMMISSIONER'S REASONING FOR THE DENIAL.
   (II) THIS PARAGRAPH SHALL NOT INTERRUPT THE GRANTING OF CONTRACTS, THE
 VALIDITY OF THOSE CONTRACTS, OR THE REOFFERING OF CONTRACTS, THROUGH THE
 PROCESS UNDER PARAGRAPH (B) OF  THIS  SUBDIVISION  BEGUN  PRIOR  TO  THE
 EFFECTIVE DATE OF THIS PARAGRAPH.
   § 2. This act shall take effect immediately.

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Senate Bill S5962

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Sponsored By

Elijah Reichlin-Melnick