S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9742
 
                           I N  A S S E M B L Y
 
                               April 3, 2024
                                ___________
 
 Introduced  by  M. of A. K. BROWN, CHANG, CURRAN, DeSTEFANO -- read once
   and referred to the Committee on Governmental Operations
 
 AN ACT to amend the executive law, in relation to  directing  the  state
   comptroller  to conduct an audit of the department of health and other
   agencies to ensure that  the  agency  meets  its  responsibilities  to
   review  and  assess Medicaid managed care organizations for compliance
   with federal and state requirements to maintain adequate  health  care
   providers  within network, and to meet mental health and substance use
   disorder parity requirements
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The executive law is amended by adding a new section 41-b
 to read as follows:
   § 41-B. AUDITS OF AGENCIES BY THE COMPTROLLER.  1. AT LEAST ONCE EVERY
 THREE YEARS, THE STATE COMPTROLLER SHALL CONDUCT AN AUDIT OF THE DEPART-
 MENT OF HEALTH, AND ANY OTHER  DEPARTMENT,  BUREAU,  BOARD,  COMMISSION,
 AUTHORITY  OR  ANY  OTHER  AGENCY OR INSTRUMENTALITY OF THE STATE DEEMED
 NECESSARY BY THE STATE COMPTROLLER, FOR  THE  PURPOSE  OF  ENSURING  THE
 STATE  MEETS ITS RESPONSIBILITY TO REVIEW AND ASSESS MANAGED CARE ORGAN-
 IZATIONS, INCLUDING  HEALTH  MANAGEMENT  ORGANIZATIONS,  PREPAID  HEALTH
 SERVICES PLANS, AND HIV SPECIAL NEED PLANS THAT PROVIDE HEALTH INSURANCE
 COVERAGE  THROUGH  THE  NEW  YORK STATE MEDICAID PROGRAM, FOR COMPLIANCE
 WITH FEDERAL AND STATE MENTAL HEALTH AND SUBSTANCE USE  DISORDER  PARITY
 REQUIREMENTS.
   2.  (A)  UPON  COMPLETION  OF  SUCH AUDIT, THE STATE COMPTROLLER SHALL
 PUBLISH A REPORT THAT DETAILS THE RESULTS OF SUCH AUDIT  INCLUDING,  BUT
 NOT  LIMITED TO, A DETERMINATION OF THE STATE'S EFFECTIVENESS IN MEASUR-
 ING AND EVALUATING MEDICAID MANAGED CARE  ORGANIZATIONS  FOR  COMPLIANCE
 WITH  STATUTORY  AND  REGULATORY REQUIREMENTS PURSUANT TO ARTICLE FORTY-
 FOUR OF THE PUBLIC HEALTH LAW. SUCH REQUIREMENTS TO  BE  CONSIDERED  AND
 EVALUATED SHALL INCLUDE ANNUAL REPORTS OF COMPLAINTS OF FRAUD AND ABUSE,
 AS  WELL  AS  A  PLAN  TO REMEDY SUCH DEFICIENCIES SUBMITTED BY MEDICAID
 MANAGED CARE ORGANIZATIONS,  MANAGED  CARE  ORGANIZATION  COMPLIANCE  IN
 MAINTAINING  A  NETWORK  OF  HEALTH  CARE PROVIDERS ADEQUATE TO MEET THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14866-01-4
 A. 9742                             2

 NEEDS OF PLAN ENROLLEES, AND  ADHERENCE  TO  FEDERAL  AND  STATE  MENTAL
 HEALTH  AND  SUBSTANCE  USE DISORDER PARITY REQUIREMENTS BY MANAGED CARE
 ORGANIZATIONS. THE STATE COMPTROLLER SHALL ALSO DETERMINE IF EACH  MEDI-
 CAID  MANAGED  CARE  ORGANIZATION  IS  COMPLIANT  WITH FEDERAL AND STATE
 REQUIREMENTS AND PROVIDE THOROUGH EXPLANATIONS DETAILING THE REASON,  OR
 REASONS  FOR EACH MEDICAID MANAGED CARE ORGANIZATION COMPLIANCE DETERMI-
 NATION.
   (B) THE STATE COMPTROLLER SHALL PROVIDE SUCH REPORT TO  THE  GOVERNOR,
 THE ATTORNEY GENERAL, THE TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER
 OF  THE ASSEMBLY, THE MINORITY LEADER OF THE SENATE, THE MINORITY LEADER
 OF THE ASSEMBLY, THE CHAIR AND THE RANKING MEMBER OF THE SENATE  COMMIT-
 TEE ON ALCOHOLISM AND SUBSTANCE USE DISORDERS, THE CHAIR AND THE RANKING
 MEMBER  OF  THE  ASSEMBLY  COMMITTEE  ON  ALCOHOLISM AND DRUG ABUSE, THE
 CHAIRS AND THE RANKING MEMBERS OF THE SENATE AND THE ASSEMBLY COMMITTEES
 ON HEALTH, AND THE CHAIRS AND THE RANKING MEMBERS OF THE SENATE AND  THE
 ASSEMBLY COMMITTEES ON MENTAL HEALTH NO LATER THAN THE FIRST DAY OF JULY
 OF  THE  YEAR IMMEDIATELY SUCCEEDING THE EFFECTIVE DATE OF THIS SECTION.
 SUBSEQUENT REPORTS DETAILING RESULTS AND  DETERMINATIONS  OF  THE  COMP-
 TROLLER SHALL BE COMPLETED AND PUBLISHED AT LEAST ONCE EVERY THREE YEARS
 FOLLOWING  PUBLICATION  OF  THE FIRST SUCH REPORT ON OR BEFORE THE FIRST
 DAY OF JULY.
   § 2. This act shall take effect immediately.