S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2606
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 26, 2023
                                ___________
 
 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 1 of
 part LL of chapter 57 of the  laws  of  2021,  is  amended  to  read  as
 follows:
   (vi)  the  commissioner  is  authorized to either reoffer contracts or
 utilize the previous offer,  to  ensure  that  all  provisions  of  this
 section  are  met.  THE  COMMISSIONER  SHALL REOFFER, TO ENSURE THAT ALL
 PROVISIONS OF THIS SECTION ARE 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.
                                                            LBD06981-01-3
 A. 2606                             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, 2023.