NY State Senate Bill 2023-S2928

Senate Bill S2928

2023-2024 Legislative Session

Provides for payments for personal protective equipment for home and community based long term care services

download bill text pdf

Current Bill Status - In Senate Committee Finance 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

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 21, 2024	reported and committed to finance
Jan 03, 2024	referred to health returned to senate died in assembly
Jun 06, 2023	referred to health delivered to assembly passed senate
Mar 20, 2023	advanced to third reading
Mar 16, 2023	2nd report cal.
Mar 15, 2023	1st report cal.522
Jan 25, 2023	referred to health

Votes

- Jun 6, 2023 - Floor Vote
  S2928
  
  54
  
  Aye
  
  8
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 6, 2023
      
      aye (54)
      
      Addabbo Jr.
      
      Ashby
      
      Bailey
      
      Breslin
      
      Brisport
      
      Brouk
      
      Chu
      
      Cleare
      
      Comrie
      
      Cooney
      
      Fernandez
      
      Gianaris
      
      Gonzalez
      
      Gounardes
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martinez
      
      Martins
      
      Mattera
      
      May
      
      Mayer
      
      Murray
      
      Myrie
      
      O'Mara
      
      Oberacker
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rivera
      
      Rolison
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Scarcella-Spanton
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Webb
      
      Weber
      
      Weik
      
      nay (8)
      
      Borrello
      
      Canzoneri-Fitzpatrick
      
      Gallivan
      
      Griffo
      
      Ortt
      
      Rhoads
      
      Stec
      
      Walczyk
      
      excused (1)
      
      Felder
  May 21, 2024 - Health Committee Vote
  S2928
  
  12
  
  Aye
  
  1
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Health Committee Vote: May 21, 2024
      
      aye (12)
      
      Ashby
      
      Brouk
      
      Felder
      
      Hoylman-Sigal
      
      Mannion
      
      Martins
      
      May
      
      Myrie
      
      Rivera
      
      Salazar
      
      Thomas
      
      Webb
      
      nay (1)
      
      Stec
      
      aye wr (2)
      
      Gallivan
      
      Rhoads
  Mar 14, 2023 - Health Committee Vote
  S2928
  
  12
  
  Aye
  
  0
  
  Nay
  
  3
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Health Committee Vote: Mar 14, 2023
      
      aye (12)
      
      Ashby
      
      Brouk
      
      Felder
      
      Hoylman-Sigal
      
      Mannion
      
      Martins
      
      May
      
      Myrie
      
      Rivera
      
      Salazar
      
      Thomas
      
      Webb
      
      aye wr (3)
      
      Gallivan
      
      Rhoads
      
      Stec

2023-S2928 (ACTIVE) - Details

Current Committee:: Senate Finance
Law Section:: Public Health Law
Laws Affected:: Add §3614-g, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S8361
2021-2022: S2543

2023-S2928 (ACTIVE) - Summary

Provides for insurance reimbursement for expenses related to the provision of personal protective equipment (PPE) for direct care workers, care recipients and an emergency inventory of a ninety-day supply of PPE.

2023-S2928 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S2928

SPONSOR: RIVERA
 
TITLE OF BILL:

An act to amend the public health law, in relation to payments for
personal protective equipment for home and community based long term
care services

 
PURPOSE:

Provides for payments for personal protective equipment for home and
community-based long term care services.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends the public health law by adding a new section 3614-f as
it relates to payment and reimbursement for personal protective equip-
ment (PPE) for home and community based long term care. This section
outlines the rates and guidelines to allow reimbursement for expenses
related to PPE for direct care workers and care recipients.  This
section also ensures that dollars are spent to satisfy the need for PPE

and prohibits any portion of those dollars to be retained or used for
other manners by the home or long term care provider.

Section 2 provides the effective date.

 
JUSTIFICATION:

The COVID-19 pandemic created an increased need for personal protective
equipment (PPE) for homecare workers. During the pandemic, home care
agencies struggled to find and afford PPE with delays by suppliers,
outbidding of orders, or government agencies commandeering shipments.
The increased costs have far exceeded reimbursement rates paid by
Managed Long Term Care plans to home care agencies.

With the increased cost and difficulties of obtaining PPE, a percentage
of home care clients chose to refuse service, due to increased concerns
about exposure to COVID-19. As a result, Managed Long Term Care Plans
(MLTCs) paid by the state on a per member per month premium have gener-
ated $52 million per month in revenue surpluses that are available for
the purchase of PPE. This legislation makes clear that plans (MLTCs) as
well as home care agencies have an obligation to assist in the provision
of PPE by home care agencies to protect home care workers and the
vulnerable elderly and disabled New Yorkers that they care for.

PPE is a necessity for home care services as it protects the patient and
the home care worker, not just from spreading COVID-19 but other commu-
nicable diseases as well. This bill would provide some relief to the
home health care industry by providing appropriate resources for home
care providers. This legislation requires that funding be passed through
to providers of home care and personal assistant services.  This funding
assistance can be supported in the short term by a redistribution of the
underspending by MLTCs to fund increased and ongoing PPE needs as a
result of the pandemic.

 
LEGISLATIVE HISTORY:

2019-2020: S8361/A10451 Gottfried
2021-2022: S2543/A179 Gottfried

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
The legislation takes effect immediately.

2023-S2928 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2928
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 25, 2023
                                ___________
 
 Introduced  by  Sen.  RIVERA -- read twice and ordered printed, and when
   printed to be committed to the Committee on Health
 
 AN ACT to amend the public health  law,  in  relation  to  payments  for
   personal  protective  equipment for home and community based long term
   care services

   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
 3614-g to read as follows:
   § 3614-G. PAYMENTS FOR PERSONAL  PROTECTIVE  EQUIPMENT  FOR  HOME  AND
 COMMUNITY BASED LONG TERM CARE SERVICES. THE PAYMENT OF CLAIMS SUBMITTED
 UNDER CONTRACTS OR AGREEMENTS WITH INSURERS UNDER THE MEDICAL ASSISTANCE
 PROGRAM  FOR  HOME  AND COMMUNITY BASED LONG TERM CARE SERVICES PROVIDED
 UNDER THIS ARTICLE OR BY FISCAL  INTERMEDIARIES  OPERATING  PURSUANT  TO
 SECTION  THREE  HUNDRED  SIXTY-FIVE-F  OF  THE SOCIAL SERVICES LAW SHALL
 INCLUDE REIMBURSEMENT FOR EXPENSES RELATED TO THE PROVISION OF  PERSONAL
 PROTECTIVE  EQUIPMENT (PPE) FOR DIRECT CARE WORKERS, CARE RECIPIENTS AND
 AN EMERGENCY INVENTORY OF A NINETY-DAY SUPPLY OF PPE. SUCH REIMBURSEMENT
 SHALL BE CLEARLY IDENTIFIED AS AN ADDITION TO BASE RATES OF PAYMENTS AND
 IN AN AMOUNT THAT SUPPLEMENTS ANY CURRENT CONTRACTS  OR  AGREEMENTS  AND
 SHALL  NOT  USE  SUCH  FUNDS  TO SUPPLANT PAYMENTS FOR EXISTING SERVICES
 UNDER THE MEDICAID PROGRAM. DETERMINATION OF A STANDARDIZED  AMOUNT  FOR
 PPE  WILL BE ADJUSTED ANNUALLY AND WILL TAKE INTO CONSIDERATION CLINICAL
 BEST PRACTICES FOR PPE USE  AND  CURRENT  AND  PROJECTED  PUBLIC  HEALTH
 CONSIDERATIONS  THAT COULD RESULT IN INCREASED NEED FOR PPE SUPPLIES. IN
 THE EVENT OF A DECLARATION OF A STATE  OF  EMERGENCY,  RATE  ADJUSTMENTS
 SHALL  BE  REVIEWED AND IMPLEMENTED WITHIN THIRTY DAYS TO ACCOMMODATE AN
 IMMEDIATE NEED FOR INCREASED SUPPLIES OF PPE. PROVIDED THAT  NO  PORTION
 OF  THE  DOLLARS  SPENT  OR  TO BE SPENT TO SATISFY THE NEED FOR PPE FOR
 WORKERS UNDER THIS SECTION SHALL BE RETAINED OR USED FOR ANOTHER  MANNER
 BY THE HOME AND COMMUNITY BASED LONG TERM CARE PROVIDER OR FISCAL INTER-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05241-01-3

 S. 2928                             2
 
 MEDIARY  IN RECEIPT OF THE FUNDING AND FURTHER THAT INSURERS AND PROVID-
 ERS SHALL REPORT COMPLIANCE WITH THIS SECTION TO  THE  DEPARTMENT  AS  A
 COMPONENT OF STANDARDIZED COST REPORTS REQUIRED BY THE DEPARTMENT.
   § 2. This act shall take effect immediately.

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