S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6215
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               April 3, 2023
                                ___________
 
 Introduced by M. of A. KELLES -- read once and referred to the Committee
   on Health
 
 AN  ACT  to  amend the social services law, in relation to qualification
   for certain contracts  relating  to  the  consumer  directed  personal
   assistance  program  by  applicants  who  provide  fiscal intermediary
   services

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Paragraph (b-1) of subdivision 4-a of section 365-f of the
 social services law, as amended by section 3 of part PP of chapter 57 of
 the laws of 2022, is amended to read as follows:
   (b-1) Following the initial selection of contractors on February elev-
 enth, two thousand twenty-one, pursuant to  the  commissioner's  request
 for  offers  #20039  ("RFO")  in  accordance  with this subdivision, the
 commissioner is instructed to accept the offer to enter  into  contracts
 with  all  applicants that were not initially selected on February elev-
 enth, two thousand twenty-one, but that  [were]  ARE  qualified  by  the
 commissioner  as  meeting minimum requirements of the RFO, provided that
 such qualified applicants that were not initially selected attest that:
   (i) the applicant was providing fiscal intermediary  services  for  at
 least two hundred consumers in a city with a population of more than one
 million at any time between January first, two thousand twenty and March
 thirty-first, two thousand twenty; or
   (ii)  the  applicant was providing fiscal intermediary services for at
 least fifty consumers in another area of the state at any  time  between
 January  first, two thousand twenty and March thirty-first, two thousand
 twenty[.]; OR
   (III) FOR ENTITIES WHO DID NOT SUBMIT AN APPLICATION PURSUANT  TO  THE
 RFO,  THE  ENTITY  WAS  PROVIDING  FISCAL  INTERMEDIARY SERVICES UNDER A
 CONTRACT WITH A LOCAL DEPARTMENT OF SOCIAL  SERVICES  PRIOR  TO  JANUARY
 FIRST, TWO THOUSAND ELEVEN. SUCH ENTITIES SHALL SUBMIT AN APPLICATION TO
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10108-03-3
              

 A. 6215                             2
 
 THE  COMMISSIONER CONSISTENT WITH THE REQUIREMENTS OF THE RFO AND ATTEST
 THAT THEY MEET THE REQUIREMENTS UNDER SUBPARAGRAPH (I) OR (II)  OF  THIS
 PARAGRAPH. SUCH APPLICATION SHALL BE DEEMED ACCEPTED BY THE COMMISSIONER
 UNLESS  THERE ARE FACTORS WHICH WOULD OTHERWISE DISQUALIFY THE APPLICANT
 AS PART OF THEIR APPLICATION.
   § 2. Subparagraph (i) of paragraph (b-2) of subdivision 4-a of section
 365-f of the social services law, as added by section 4 of  part  PP  of
 chapter 57 of the laws of 2022, is amended to read as follows:
   (i)  Any late submission shall disqualify the applicant from receiving
 a contract award under paragraph (b-1) of  this  subdivision;  PROVIDED,
 HOWEVER,  THAT A LATE SUBMISSION FROM AN APPLICANT THAT ALREADY PROVIDES
 OR HAS PROVIDED FISCAL INTERMEDIARY SERVICES UNDER THIS SECTION PURSUANT
 TO CLAUSE (A) OF SUBPARAGRAPH (I) OF PARAGRAPH (A) OF  THIS  SUBDIVISION
 AND  MEETS  THE REMAINING QUALIFICATIONS OF THE DEPARTMENT AS DEFINED IN
 THIS SECTION SHALL NOT BE  DISQUALIFIED  AND  SUCH  APPLICANT  SHALL  BE
 CONSIDERED A QUALIFIED APPLICANT.
   § 3. This act shall take effect immediately.