S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2470
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 26, 2023
                                ___________
 
 Introduced  by M. of A. JONES, COOK, DICKENS, PHEFFER AMATO, GALLAHAN --
   Multi-Sponsored by -- M. of A. SIMON -- read once and referred to  the
   Committee on Health
 
 AN  ACT  to  amend  the  social  services  law,  in relation to Medicaid
   reimbursement rates for rural home health care providers

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision 1 of section 368-a of the social services law
 is amended by adding a new paragraph (g-1) to read as follows:
   (G-1) NOTWITHSTANDING PARAGRAPH (G) OF THIS SUBDIVISION, SECTION THREE
 HUNDRED SIXTY-FOUR-J OF THIS  TITLE  OR  ANY  OTHER  PROVISION  OF  LAW,
 REIMBURSEMENT FOR HOME HEALTH SERVICES PROVIDED IN ACCORDANCE WITH PARA-
 GRAPH  (D)  OF  SUBDIVISION TWO OF SECTION THREE HUNDRED SIXTY-FIVE-A OF
 THIS TITLE BY AN INDIVIDUAL OR SHARED AIDE PROVIDED BY AN APPROVED  HOME
 HEALTH AGENCY WHEN SUCH SERVICES ARE DETERMINED TO BE COST EFFECTIVE AND
 APPROPRIATE  TO  MEET  THE  RECIPIENT'S NEEDS FOR ASSISTANCE, WHERE SUCH
 SERVICES ARE DELIVERED IN A RURAL AREA OF THE STATE, TO BE DESIGNATED BY
 THE COMMISSIONER IN REGULATION, SHALL BE INCREASED TO INCLUDE AN  AMOUNT
 NECESSARY  TO  COVER  THE DISPARATE TRANSPORTATION COSTS ASSOCIATED WITH
 PROVIDING SUCH SERVICES IN RURAL AREAS. THE COMMISSIONER  SHALL  DEVELOP
 METHODOLOGIES  FOR  CALCULATING  SUCH  DELIVERY COSTS WHICH ARE SEPARATE
 FROM DIRECT PERSONAL CARE. SUCH REIMBURSEMENT INCREASE SHALL INCLUDE ALL
 HOME HEALTH SERVICES PROVIDED FOR ELIGIBLE RECIPIENTS UNDER  THIS  ARTI-
 CLE, INCLUDING THOSE AVAILABLE OR OBTAINED THROUGH FEDERAL WAIVERS.
   §  2.  Subdivision  1  of section 365-l of the social services law, as
 added by section 37 of part H of chapter 59 of  the  laws  of  2011,  is
 amended to read as follows:
   1.  Notwithstanding  any  law, rule or regulation to the contrary, the
 commissioner of health is authorized, in consultation with  the  commis-
 sioners  of  the  office  of  mental  health,  office  of alcoholism and
 substance abuse services, and office for people with developmental disa-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02334-01-3
              

 A. 2470                             2
 
 bilities, to (a) establish, in accordance with  applicable  federal  law
 and  regulations, standards for the provision of health home services to
 Medicaid enrollees with chronic conditions, (b) establish payment  meth-
 odologies  for  health  home services based on factors including but not
 limited to the complexity of the conditions providers will be  managing,
 the  anticipated  amount of patient contact needed to manage such condi-
 tions, TRANSPORTATION COSTS, and the health care cost  savings  realized
 by  provision  of health home services, (c) establish the criteria under
 which a Medicaid enrollee will be designated as being an eligible  indi-
 vidual  with chronic conditions for purposes of this program, (d) assign
 any Medicaid enrollee designated as an eligible individual with  chronic
 conditions to a provider of health home services.
   § 3. This act shall take effect immediately.