NY State Assembly Bill 2023-A6221B

Assembly Bill A6221B

2023-2024 Legislative Session

Ensures that the state implements certain federal conflict of interest requirements in a manner that ensures limited disruption of certain services

download bill text pdf

Current Bill Status - In Assembly 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 03, 2024	referred to ways and means
Oct 13, 2023	print number 6221b
Oct 13, 2023	amend and recommit to ways and means
May 16, 2023	reported referred to ways and means
May 12, 2023	print number 6221a
May 12, 2023	amend and recommit to health
Apr 03, 2023	referred to health

Bill Amendments

Original

B (Active)

2023-A6221 - Details

See Senate Version of this Bill:: S6960
Current Committee:: Assembly Ways And Means
Law Section:: Social Services Law
Laws Affected:: Amd §366, Soc Serv L; amd §2743, Pub Health L

2023-A6221 - Summary

Ensures that the state implements federal conflict of interest requirements in a manner that ensures limited disruption of services to persons enrolled in certain Medicaid traumatic brain injury and nursing home transition and diversion waiver programs.

2023-A6221 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6221
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               April 3, 2023
                                ___________
 
 Introduced by M. of A. PAULIN -- read once and referred to the Committee
   on Health
 
 AN  ACT  to  amend the social services law and the public health law, in
   relation  to  ensuring  that  the  state  implements  certain  federal
   conflict  of  interest  requirements  in a manner that ensures limited
   disruption of certain services

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph d of subdivision 6-a of section 366 of the social
 services  law, as amended by chapter 627 of the laws of 2004, is amended
 to read as follows:
   d. (I) The commissioner of health shall contract  with  not-for-profit
 agencies  around the state that have experience with providing community
 based services to individuals with disabilities, hereinafter referred to
 as regional resource development specialists, who shall  be  responsible
 for  initial contact with the prospective waiver participant, for assur-
 ing the waiver candidates have choice in selecting a service coordinator
 and other providers, and for assessing  applicants  including  decisions
 for  eligibility  for  participation  in  the  waiver, which contain the
 original  service  plan  and  all  subsequent  revised  service   plans.
 Regional  resource  development  specialists  shall  be  responsible for
 approving service plans and the department of health shall provide tech-
 nical assistance and oversight.
   (II) PRIOR TO TAKING ANY STEP TO IMPLEMENT THE REQUIREMENTS OF SUBPAR-
 AGRAPH (VI) OF PARAGRAPH (1) OF SUBSECTION (C)  OF  SECTION  441.301  OR
 SUBPARAGRAPH  (VI) OF PARAGRAPH (1) OF SUBSECTION (C) OF SECTION 431.301
 OF TITLE 42 OF THE CODE OF FEDERAL REGULATIONS AS SUCH PROVISIONS RELATE
 TO THE NURSING HOME TRANSITION AND DIVERSION WAIVER  PROGRAM  AUTHORIZED
 UNDER  SECTION  1915(C)  OF THE FEDERAL SOCIAL SECURITY ACT, THE COMMIS-
 SIONER OF THE DEPARTMENT OF HEALTH SHALL:

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10489-01-3
 A. 6221                             2

 
   (1) SURVEY ALL PARTICIPATING  WAIVER  PROVIDERS,  INCLUDING  VOLUNTARY
 PROVIDERS, TO IDENTIFY LEVELS OF PREPAREDNESS TO IMPLEMENT SUCH REQUIRE-
 MENTS; AND
   (2) REPORT BY JANUARY FIRST, TWO THOUSAND TWENTY-FOUR, TO THE GOVERNOR
 AND  THE  CHAIRS  OF THE ASSEMBLY AND SENATE COMMITTEES ON HEALTH ON THE
 ABILITY OF THE PROVIDER SYSTEM TO CONTINUE TO MEET THE  REQUIREMENTS  OF
 THIS PARAGRAPH RELATED TO CONSUMER CHOICE FOR SERVICE COORDINATION.
   (III)  ALL  FINAL  PLANS FOR THE TRANSITION AND CONVERSION OF SERVICES
 RELATED TO FEDERAL CONFLICT OF INTEREST ACTIVITIES  SHALL  BE  SUSPENDED
 PENDING  THE REVIEW AND APPROVAL OF THE RECOMMENDATIONS CONTAINED WITHIN
 THE REPORT REQUIRED UNDER CLAUSE TWO OF SUBPARAGRAPH (II) OF THIS  PARA-
 GRAPH.
   §  2. Section 2743 of the public health law is amended by adding a new
 subdivision 4 to read as follows:
   4. (A) PRIOR TO TAKING ANY  STEP  TO  IMPLEMENT  THE  REQUIREMENTS  OF
 SUBPARAGRAPH  (VI) OF PARAGRAPH (1) OF SUBSECTION (C) OF SECTION 441.301
 OR SUBPARAGRAPH (VI) OF PARAGRAPH  (1)  OF  SUBSECTION  (C)  OF  SECTION
 431.301  OF  TITLE  42  OF  THE  CODE  OF  FEDERAL  REGULATIONS  AS SUCH
 PROVISIONS RELATE TO THE TRAUMATIC BRAIN INJURY WAIVER  PROGRAM  AUTHOR-
 IZED  UNDER  SECTION  1915(C)  OF  THE  FEDERAL SOCIAL SECURITY ACT, THE
 COMMISSIONER SHALL:
   (I) SURVEY ALL PARTICIPATING  WAIVER  PROVIDERS,  INCLUDING  VOLUNTARY
 PROVIDERS, TO IDENTIFY LEVELS OF PREPAREDNESS TO IMPLEMENT SUCH REQUIRE-
 MENTS; AND
   (II)  REPORT BY JANUARY FIRST, TWO THOUSAND TWENTY-FOUR, TO THE GOVER-
 NOR AND THE CHAIRS OF THE ASSEMBLY AND SENATE COMMITTEES  ON  HEALTH  ON
 THE ABILITY OF THE PROVIDER SYSTEM TO CONTINUE TO ENSURE CONSUMER CHOICE
 FOR SERVICE COORDINATION.
   (B)  ALL  FINAL  PLANS  FOR  THE TRANSITION AND CONVERSION OF SERVICES
 RELATED TO FEDERAL CONFLICT OF INTEREST ACTIVITIES  SHALL  BE  SUSPENDED
 PENDING  THE REVIEW AND APPROVAL OF THE RECOMMENDATIONS CONTAINED WITHIN
 THE REPORT REQUIRED UNDER SUBPARAGRAPH (II) OF  PARAGRAPH  (A)  OF  THIS
 SUBDIVISION.
   § 3. This act shall take effect immediately.

2023-A6221A - Details

See Senate Version of this Bill:: S6960
Current Committee:: Assembly Ways And Means
Law Section:: Social Services Law
Laws Affected:: Amd §366, Soc Serv L; amd §2743, Pub Health L

2023-A6221A - Summary

2023-A6221A - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6221--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               April 3, 2023
                                ___________
 
 Introduced by M. of A. PAULIN -- read once and referred to the Committee
   on  Health -- committee discharged, bill amended, ordered reprinted as
   amended and recommitted to said committee
 
 AN ACT to amend the social services law and the public  health  law,  in
   relation  to  ensuring  that  the  state  implements  certain  federal
   conflict of interest requirements in a  manner  that  ensures  limited
   disruption of certain services
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph d of subdivision 6-a of section 366 of the social
 services law, as amended by chapter 627 of the laws of 2004, is  amended
 to read as follows:
   d.  (I)  The commissioner of health shall contract with not-for-profit
 agencies around the state that have experience with providing  community
 based services to individuals with disabilities, hereinafter referred to
 as  regional  resource development specialists, who shall be responsible
 for initial contact with the prospective waiver participant, for  assur-
 ing the waiver candidates have choice in selecting a service coordinator
 and  other  providers,  and for assessing applicants including decisions
 for eligibility for participation  in  the  waiver,  which  contain  the
 original   service  plan  and  all  subsequent  revised  service  plans.
 Regional resource  development  specialists  shall  be  responsible  for
 approving service plans and the department of health shall provide tech-
 nical assistance and oversight.
   (II) PRIOR TO TAKING ANY STEP TO IMPLEMENT THE REQUIREMENTS OF SUBPAR-
 AGRAPH  (VI)  OF  PARAGRAPH  (1) OF SUBSECTION (C) OF SECTION 441.301 OF
 TITLE 42 OF THE CODE OF FEDERAL REGULATIONS AS SUCH PROVISIONS RELATE TO
 THE NURSING HOME TRANSITION  AND  DIVERSION  WAIVER  PROGRAM  AUTHORIZED
 UNDER  SECTION  1915(C)  OF THE FEDERAL SOCIAL SECURITY ACT, THE COMMIS-
 SIONER OF THE DEPARTMENT OF HEALTH SHALL:

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10489-02-3
 A. 6221--A                          2

 
   (1) SURVEY ALL PARTICIPATING  WAIVER  PROVIDERS,  INCLUDING  VOLUNTARY
 PROVIDERS, TO IDENTIFY LEVELS OF PREPAREDNESS TO IMPLEMENT SUCH REQUIRE-
 MENTS; AND
   (2) REPORT BY JANUARY FIRST, TWO THOUSAND TWENTY-FOUR, TO THE GOVERNOR
 AND  THE  CHAIRS  OF THE ASSEMBLY AND SENATE COMMITTEES ON HEALTH ON THE
 ABILITY OF THE PROVIDER SYSTEM TO CONTINUE TO MEET THE  REQUIREMENTS  OF
 THIS PARAGRAPH RELATED TO CONSUMER CHOICE FOR SERVICE COORDINATION.
   (III)  ALL  FINAL  PLANS FOR THE TRANSITION AND CONVERSION OF SERVICES
 RELATED TO FEDERAL CONFLICT OF INTEREST ACTIVITIES  SHALL  BE  SUSPENDED
 PENDING  THE REVIEW AND APPROVAL OF THE RECOMMENDATIONS CONTAINED WITHIN
 THE REPORT REQUIRED UNDER CLAUSE TWO OF SUBPARAGRAPH (II) OF THIS  PARA-
 GRAPH.
   §  2. Section 2743 of the public health law is amended by adding a new
 subdivision 4 to read as follows:
   4. (A) PRIOR TO TAKING ANY  STEP  TO  IMPLEMENT  THE  REQUIREMENTS  OF
 SUBPARAGRAPH  (VI) OF PARAGRAPH (1) OF SUBSECTION (C) OF SECTION 441.301
 OF TITLE 42 OF THE CODE OF FEDERAL REGULATIONS AS SUCH PROVISIONS RELATE
 TO THE TRAUMATIC BRAIN INJURY WAIVER PROGRAM  AUTHORIZED  UNDER  SECTION
 1915(C) OF THE FEDERAL SOCIAL SECURITY ACT, THE COMMISSIONER SHALL:
   (I)  SURVEY  ALL  PARTICIPATING  WAIVER PROVIDERS, INCLUDING VOLUNTARY
 PROVIDERS, TO IDENTIFY LEVELS OF PREPAREDNESS TO IMPLEMENT SUCH REQUIRE-
 MENTS; AND
   (II) REPORT BY JANUARY FIRST, TWO THOUSAND TWENTY-FOUR, TO THE  GOVER-
 NOR  AND  THE  CHAIRS OF THE ASSEMBLY AND SENATE COMMITTEES ON HEALTH ON
 THE ABILITY OF THE PROVIDER SYSTEM TO CONTINUE TO ENSURE CONSUMER CHOICE
 FOR SERVICE COORDINATION.
   (B) ALL FINAL PLANS FOR THE  TRANSITION  AND  CONVERSION  OF  SERVICES
 RELATED  TO  FEDERAL  CONFLICT OF INTEREST ACTIVITIES SHALL BE SUSPENDED
 PENDING THE REVIEW AND APPROVAL OF THE RECOMMENDATIONS CONTAINED  WITHIN
 THE  REPORT  REQUIRED  UNDER  SUBPARAGRAPH (II) OF PARAGRAPH (A) OF THIS
 SUBDIVISION.
   § 3. This act shall take effect immediately.

2023-A6221B (ACTIVE) - Details

See Senate Version of this Bill:: S6960
Current Committee:: Assembly Ways And Means
Law Section:: Social Services Law
Laws Affected:: Amd §366, Soc Serv L; amd §2743, Pub Health L

2023-A6221B (ACTIVE) - Summary

2023-A6221B (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6221--B
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               April 3, 2023
                                ___________
 
 Introduced by M. of A. PAULIN -- read once and referred to the Committee
   on  Health -- committee discharged, bill amended, ordered reprinted as
   amended and recommitted to said committee -- reported and referred  to
   the Committee on Ways and Means -- committee discharged, bill amended,
   ordered reprinted as amended and recommitted to said committee

 AN  ACT  to  amend the social services law and the public health law, in
   relation  to  ensuring  that  the  state  implements  certain  federal
   conflict  of  interest  requirements  in a manner that ensures limited
   disruption of certain services
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph d of subdivision 6-a of section 366 of the social
 services  law, as amended by chapter 627 of the laws of 2004, is amended
 to read as follows:
   d. (I) The commissioner of health shall contract  with  not-for-profit
 agencies  around the state that have experience with providing community
 based services to individuals with disabilities, hereinafter referred to
 as regional resource development specialists, who shall  be  responsible
 for  initial contact with the prospective waiver participant, for assur-
 ing the waiver candidates have choice in selecting a service coordinator
 and other providers, and for assessing  applicants  including  decisions
 for  eligibility  for  participation  in  the  waiver, which contain the
 original  service  plan  and  all  subsequent  revised  service   plans.
 Regional  resource  development  specialists  shall  be  responsible for
 approving service plans and the department of health shall provide tech-
 nical assistance and oversight.
   (II) PRIOR TO TAKING ANY STEP TO IMPLEMENT THE REQUIREMENTS OF SUBPAR-
 AGRAPH (VI) OF PARAGRAPH (1) OF SUBSECTION (C)  OF  SECTION  441.301  OF
 TITLE 42 OF THE CODE OF FEDERAL REGULATIONS AS SUCH PROVISIONS RELATE TO
 THE  NURSING  HOME  TRANSITION  AND  DIVERSION WAIVER PROGRAM AUTHORIZED

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10489-04-3
 A. 6221--B                          2

 
 UNDER SECTION 1915(C) OF THE FEDERAL SOCIAL SECURITY  ACT,  THE  COMMIS-
 SIONER OF THE DEPARTMENT OF HEALTH SHALL:
   (1)  SURVEY  ALL  PARTICIPATING  WAIVER PROVIDERS, INCLUDING VOLUNTARY
 PROVIDERS, TO IDENTIFY LEVELS OF PREPAREDNESS TO IMPLEMENT SUCH REQUIRE-
 MENTS; AND
   (2) REPORT BY JULY FIRST, TWO THOUSAND TWENTY-FOUR,  TO  THE  GOVERNOR
 AND  THE  CHAIRS  OF THE ASSEMBLY AND SENATE COMMITTEES ON HEALTH ON THE
 ABILITY OF THE PROVIDER SYSTEM TO CONTINUE TO MEET THE  REQUIREMENTS  OF
 THIS PARAGRAPH RELATED TO CONSUMER CHOICE FOR SERVICE COORDINATION.
   (III)  ALL  FINAL  PLANS FOR THE TRANSITION AND CONVERSION OF SERVICES
 RELATED TO FEDERAL CONFLICT OF INTEREST ACTIVITIES  SHALL  BE  SUSPENDED
 PENDING  THE REVIEW AND APPROVAL OF THE RECOMMENDATIONS CONTAINED WITHIN
 THE REPORT REQUIRED UNDER CLAUSE TWO OF SUBPARAGRAPH (II) OF THIS  PARA-
 GRAPH.
   §  2. Section 2743 of the public health law is amended by adding a new
 subdivision 4 to read as follows:
   4. (A) PRIOR TO TAKING ANY  STEP  TO  IMPLEMENT  THE  REQUIREMENTS  OF
 SUBPARAGRAPH  (VI) OF PARAGRAPH (1) OF SUBSECTION (C) OF SECTION 441.301
 OF TITLE 42 OF THE CODE OF FEDERAL REGULATIONS AS SUCH PROVISIONS RELATE
 TO THE TRAUMATIC BRAIN INJURY WAIVER PROGRAM  AUTHORIZED  UNDER  SECTION
 1915(C) OF THE FEDERAL SOCIAL SECURITY ACT, THE COMMISSIONER SHALL:
   (I)  SURVEY  ALL  PARTICIPATING  WAIVER PROVIDERS, INCLUDING VOLUNTARY
 PROVIDERS, TO IDENTIFY LEVELS OF PREPAREDNESS TO IMPLEMENT SUCH REQUIRE-
 MENTS; AND
   (II) REPORT BY JULY FIRST, TWO THOUSAND TWENTY-FOUR, TO  THE  GOVERNOR
 AND  THE  CHAIRS  OF THE ASSEMBLY AND SENATE COMMITTEES ON HEALTH ON THE
 ABILITY OF THE PROVIDER SYSTEM TO CONTINUE TO ENSURE CONSUMER CHOICE FOR
 SERVICE COORDINATION.
   (B) ALL FINAL PLANS FOR THE  TRANSITION  AND  CONVERSION  OF  SERVICES
 RELATED  TO  FEDERAL  CONFLICT OF INTEREST ACTIVITIES SHALL BE SUSPENDED
 PENDING THE REVIEW AND APPROVAL OF THE RECOMMENDATIONS CONTAINED  WITHIN
 THE  REPORT  REQUIRED  UNDER  SUBPARAGRAPH (II) OF PARAGRAPH (A) OF THIS
 SUBDIVISION.
   § 3. This act shall take effect immediately.

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