S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5784
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 23, 2023
                                ___________
 
 Introduced by M. of A. E. BROWN, JENSEN -- read once and referred to the
   Committee on Health
 
 AN  ACT  to  amend  the  public  health  law,  in  relation  to Medicaid
   reimbursement rates for early intervention services
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1. Subdivision 2 of section 2557 of the public health law, as
 amended by chapter 820 of the laws  of  2021,  is  amended  to  read  as
 follows:
   2. The department shall reimburse the approved costs paid by a munici-
 pality  for the purposes of this title, other than those reimbursable by
 the medical assistance program, in an amount of  fifty  percent  of  the
 amount  expended  in  accordance  with  the rules and regulations of the
 commissioner; provided, however, that in the discretion of  the  depart-
 ment  and with the approval of the director of the division of the budg-
 et, the department may reimburse municipalities  in  an  amount  greater
 than  fifty  percent  of  the amount expended; PROVIDED, FURTHER, ON AND
 AFTER APRIL FIRST, TWO THOUSAND TWENTY-THREE, THE DEPARTMENT SHALL REIM-
 BURSE MUNICIPALITIES IN AN AMOUNT OF SIXTY-SIX  PERCENT  OR  MORE.  Such
 state reimbursement to the municipality shall not be paid prior to April
 first  of  the  year in which the approved costs are paid by the munici-
 pality, provided, however that, subject to the approval of the  director
 of  the  budget,  the department may pay such state aid reimbursement to
 the municipality prior to such date.
   § 2. Section 2559 of the public health law is amended by adding a  new
 subdivision 6 to read as follows:
   6.  ON  AND  AFTER APRIL FIRST, TWO THOUSAND TWENTY-THREE, THE COMMIS-
 SIONER SHALL REVIEW THE RATES OF REIMBURSEMENT MADE  THROUGH  THE  EARLY
 INTERVENTION  PROGRAM  FOR  RATE ADEQUACY. THE REVIEW SHALL INCLUDE, BUT
 NOT BE LIMITED TO:

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09932-01-3
 A. 5784                             2
              

 
   (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; AND
   (B)  RECOMMENDATIONS FOR MAINTAINING OR CHANGING REIMBURSEMENT METHOD-
 OLOGIES. THE COMMISSIONER SHALL MAKE  SUCH  RECOMMENDATIONS  WITHIN  ONE
 YEAR  OF  THE EFFECTIVE DATE OF THIS SECTION. COPIES OF SUCH RECOMMENDA-
 TIONS SHALL BE SUBMITTED 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.
   § 3. This act shall take effect immediately.