S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    427
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced  by  Sen. HINCHEY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Health
 
 AN ACT to amend  the  social  services  law,  in  relation  to  Medicaid
   reimbursement rates for rural home health care providers

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 1 of section 368-a of the social  services  law
 is amended by adding a new paragraph (g-1) to read as follows:
   (G-1) NOTWITHSTANDING PARAGRAPH (G) OF THIS SUBDIVISION, SECTION THREE
 HUNDRED  SIXTY-FOUR-J  OF  THIS  TITLE  OR  ANY  OTHER PROVISION OF LAW,
 REIMBURSEMENT FOR HOME HEALTH SERVICES PROVIDED IN ACCORDANCE WITH PARA-
 GRAPH (D) OF SUBDIVISION TWO OF SECTION THREE  HUNDRED  SIXTY-FIVE-A  OF
 THIS  TITLE BY AN INDIVIDUAL OR SHARED AIDE PROVIDED BY AN APPROVED HOME
 HEALTH AGENCY WHEN SUCH SERVICES ARE DETERMINED TO BE COST EFFECTIVE AND
 APPROPRIATE TO MEET THE RECIPIENT'S NEEDS  FOR  ASSISTANCE,  WHERE  SUCH
 SERVICES ARE DELIVERED IN A RURAL AREA OF THE STATE, TO BE DESIGNATED BY
 THE  COMMISSIONER IN REGULATION, SHALL BE INCREASED TO INCLUDE AN AMOUNT
 NECESSARY TO COVER THE DISPARATE TRANSPORTATION  COSTS  ASSOCIATED  WITH
 PROVIDING  SUCH  SERVICES IN RURAL AREAS. THE COMMISSIONER SHALL DEVELOP
 METHODOLOGIES FOR CALCULATING SUCH DELIVERY  COSTS  WHICH  ARE  SEPARATE
 FROM DIRECT PERSONAL CARE. SUCH REIMBURSEMENT INCREASE SHALL INCLUDE ALL
 HOME  HEALTH  SERVICES PROVIDED FOR ELIGIBLE RECIPIENTS UNDER THIS ARTI-
 CLE, INCLUDING THOSE AVAILABLE OR OBTAINED THROUGH FEDERAL WAIVERS.
   § 2. Subdivision 1 of section 365-l of the  social  services  law,  as
 added  by  section  37  of  part H of chapter 59 of the laws of 2011, is
 amended to read as follows:
   1. Notwithstanding any law, rule or regulation to  the  contrary,  the
 commissioner  of  health is authorized, in consultation with the commis-
 sioners of the  office  of  mental  health,  office  of  alcoholism  and
 substance abuse services, and office for people with developmental disa-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD02334-01-3
 S. 427                              2
 
 bilities,  to  (a)  establish, in accordance with applicable federal law
 and regulations, standards for the provision of health home services  to
 Medicaid  enrollees with chronic conditions, (b) establish payment meth-
 odologies  for  health  home services based on factors including but not
 limited to the complexity of the conditions providers will be  managing,
 the  anticipated  amount of patient contact needed to manage such condi-
 tions, TRANSPORTATION COSTS, and the health care cost  savings  realized
 by  provision  of health home services, (c) establish the criteria under
 which a Medicaid enrollee will be designated as being an eligible  indi-
 vidual  with chronic conditions for purposes of this program, (d) assign
 any Medicaid enrollee designated as an eligible individual with  chronic
 conditions to a provider of health home services.
   § 3. This act shall take effect immediately.