NY State Senate Bill 2023-S5473

Current Bill Status - In Senate Committee Health 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 health
Mar 06, 2023	referred to health

co-Sponsors

2023-S5473 (ACTIVE) - Details

See Assembly Version of this Bill:: A7473
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Add §3614-g, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S8473, A11200
2019-2020: S4972, A2788
2021-2022: S2526, A161

2023-S5473 (ACTIVE) - Summary

Provides for payments for home and community based long term care services; provides that funds appropriated to compensate for minimum wage requirements, shall not be subject to managed care risk adjustment on insurers.

2023-S5473 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S5473

SPONSOR: RIVERA
 
TITLE OF BILL:

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

 
PURPOSE OR GENERAL IDEA OF BILL:

Use contractual mechanisms to assure that Medicaid managed care plans
pass through in whole the money provided by the state to finance the
incremental advancements in the minimum wage.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of the bill adds a new section 3614-f to the Public Health Law
to require Medicaid managed care plans to amend contracts with home care
providers(including consumer-directed personal assistance) 90 days prior
to the effective date of minimum wage mandates, and prohibit the use of
such funds to offset other debts owed to providers.

 
JUSTIFICATION:

The 2018-19 enacted budget included $703 million to support the direct-
care cost of minimum wage increases for Medicaid funded home care
services. The state adds the minimum wage payments onto the capitated
rates paid to managed care plans that are expected to pass the payment
on to the home care providers with whom they contract.

Direct care workers are employed by home care providers under contract
with the managed care plans, and so the statutory wage obligation rests
with the home care providers irrespective of a plan's diligence in
distributing the funds as instructed by the Department of Health.
Providers complain of being abused by plans who claim their payments are
sufficient at current levels and should not have to increase.

Ensuring that all the funds appropriated by the State to support the
direct care cost of minimum wage are distributed in a timely manner and
in their entirety allows home care workers to receive their deserved
increase in wages, while also protecting the viability of the home care
industry.

 
PRIOR LEGISLATIVE HISTORY:

2017-2018: S8473A/A11200 Gottfried - Passed Senate

2019-2020: S4972/A2788A Gottfried - Passed Senate

2021-2022: S2526/A161 Gottfried

 
FISCAL IMPLICATIONS:

None to the state.

 
EFFECTIVE DATE:
Immediately.

2023-S5473 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5473
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               March 6, 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  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  HOME  AND  COMMUNITY  BASED  LONG TERM CARE
 SERVICES. 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 PURSU-
 ANT TO SECTION THREE HUNDRED SIXTY-FIVE-F OF  THE  SOCIAL  SERVICES  LAW
 SHALL  PROVIDE TERMS AND CONDITIONS FOR THE PASS-THROUGH OF FUNDS APPRO-
 PRIATED TO COMPENSATE FOR MINIMUM WAGE PURSUANT TO SECTION  SIX  HUNDRED
 FIFTY-TWO  OF  THE LABOR LAW.  IF NECESSARY IN ORDER TO COMPLY WITH THIS
 SECTION, EXISTING CONTRACTS WITH HOME AND COMMUNITY BASED LONG TERM CARE
 SERVICES PROVIDERS UNDER THIS ARTICLE AND TO FISCAL INTERMEDIARIES OPER-
 ATING PURSUANT TO SECTION  THREE  HUNDRED  SIXTY-FIVE-F  OF  THE  SOCIAL
 SERVICES  LAW  SHALL BE AMENDED AT LEAST NINETY DAYS PRIOR TO THE EFFEC-
 TIVE DATE OF ANY SUCH LAW OR REGULATION IMPACTING WAGES. INSURERS  SHALL
 NOT  USE SUCH FUNDS TO SUPPLANT PAYMENTS FOR EXISTING SERVICES UNDER THE
 MEDICAID PROGRAM. SUCH INSURERS SHALL INCLUDE  BUT  NOT  BE  LIMITED  TO
 MEDICAID MANAGED CARE PLANS AND MEDICAID MANAGED LONG TERM CARE PLANS.
   §  2.  This act shall take effect immediately and shall apply to poli-
 cies and contracts issued, renewed, modified, altered or amended  on  or
 after such date.
 

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08064-01-3

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Senate Bill S5473

Sponsored By

Current Bill Status - In Senate Committee Health Committee

co-Sponsors

2023-S5473 (ACTIVE) - Details

2023-S5473 (ACTIVE) - Summary

2023-S5473 (ACTIVE) - Sponsor Memo

2023-S5473 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S5473

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Sponsored By

Gustavo Rivera

Current Bill Status - In Senate Committee Health Committee

co-Sponsors

Cordell Cleare

2023-S5473 (ACTIVE) - Details

2023-S5473 (ACTIVE) - Summary

2023-S5473 (ACTIVE) - Sponsor Memo

2023-S5473 (ACTIVE) - Bill Text download pdf

Comments