S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1198--A
     Cal. No. 686
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 10, 2023
                                ___________
 
 Introduced  by Sens. RIVERA, ASHBY, BROUK, MANNION, MYRIE, SALAZAR, WEBB
   -- read twice and ordered printed, and when printed to be committed to
   the Committee on Disabilities -- recommitted to the Committee on Disa-
   bilities in accordance with Senate Rule 6, sec. 8 -- reported  favora-
   bly  from  said committee, ordered to first and second report, ordered
   to a third reading, passed by Senate and delivered  to  the  Assembly,
   recalled,  vote  reconsidered,  restored to third reading, amended and
   ordered reprinted, retaining its place in the order of third reading
 
 AN ACT to amend the public health law,  in  relation  to  a  review  and
   recommendations  of  reimbursement adequacy and other matters relating
   to early intervention
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  public health law is amended by adding a new section
 2557-a to read as follows:
   § 2557-A. EARLY INTERVENTION PROGRAM REVIEW. 1. THE COMMISSIONER SHALL
 CONDUCT A COMPREHENSIVE STUDY  AND  REVIEW  OF  THE  EARLY  INTERVENTION
 PROGRAM  INCLUDING  THE  MODELS  OF  SERVICE  DELIVERY  AND THE RATES OF
 REIMBURSEMENT FOR EACH SUCH SERVICE AND MODEL  MADE  THROUGH  THE  EARLY
 INTERVENTION PROGRAM FOR EFFICACY, ADEQUACY AND EFFECTIVENESS OF SERVICE
 DELIVERY  AND  THE  FULL IMPLEMENTATION OF INDIVIDUALIZED FAMILY SERVICE
 PLANS. THE REVIEW SHALL INCLUDE:
   (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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03582-02-4
              

 S. 1198--A                          2
 
   (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;
   (B)  RECOMMENDATIONS FOR MAINTAINING OR CHANGING REIMBURSEMENT METHOD-
 OLOGIES. RECOMMENDATIONS UNDER THIS PARAGRAPH SHALL BE  CONSISTENT  WITH
 FEDERAL LAW AND SHALL INCLUDE RECOMMENDATIONS FOR APPROPRIATE CHANGES IN
 STATE  LAW AND REGULATIONS. THE RECOMMENDATIONS SHALL CONSIDER APPROPRI-
 ATE PAYMENT METHODOLOGIES AND RATES FOR IN-PERSON AND  TELEHEALTH  EARLY
 INTERVENTION  EVALUATIONS  AND  SERVICES  TO  ADDRESS BARRIERS IN TIMELY
 SERVICE PROVISION AS WELL AS RACIAL  AND  SOCIOECONOMIC  DISPARITIES  IN
 ACCESS,  WITH  CONSIDERATION  OF  FACTORS INCLUDING, BUT NOT LIMITED TO,
 PAYMENT FOR BILINGUAL SERVICES,  TRAVEL  TIME,  GEOGRAPHIC  VARIABILITY,
 ACCESS  TO AND COST OF TECHNOLOGY, COST OF LIVING, AND OTHER BARRIERS TO
 TIMELY SERVICE PROVISION;
   (C) THE PROJECTED NUMBER OF CHILDREN WHO WILL NEED EARLY  INTERVENTION
 SERVICES IN THE NEXT FIVE YEARS DISAGGREGATED BY COUNTY;
   (D) THE WORKFORCE NEEDED TO PROVIDE SERVICES IN THE NEXT FIVE YEARS TO
 ALL  CHILDREN ELIGIBLE FOR EARLY INTERVENTION SERVICES, DISAGGREGATED BY
 COUNTY; AND
   (E) OPPORTUNITIES FOR STAKEHOLDER INPUT ON CURRENT RATE METHODOLOGIES.
   2.  SUCH REVIEW SHALL ALSO INCLUDE AN ASSESSMENT OF  THE  EFFICACY  OF
 PROGRAM MODELS FOR THE PROVISION OF EARLY INTERVENTION SERVICES, INCLUD-
 ING,  BUT  NOT  LIMITED TO GROUP SERVICES, INDIVIDUAL SERVICES, FACILITY
 BASED SERVICES AND HOME-BASED SERVICES AND THE  CONFIGURATIONS  OF  SUCH
 SERVICE  MODELS. SUCH REVIEW SHALL INCLUDE A COMPREHENSIVE ASSESSMENT OF
 THE UTILIZATION OF EACH MODEL AND CONFIGURATION, INCLUDING  BARRIERS  TO
 FULLER UTILIZATIONS, AND UTILIZATION DISAGGREGATED BY CLINICAL SERVICE.
   3.    WITHIN  ONE  YEAR  AFTER THE EFFECTIVE DATE OF THIS SECTION, THE
 COMMISSIONER SHALL SUBMIT A REPORT OF THE FINDINGS  AND  RECOMMENDATIONS
 UNDER  THIS  SECTION  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.
   § 2. This act shall take effect immediately.