NY State Senate Bill 2023-S5851

Senate Bill S5851

2023-2024 Legislative Session

Relates to qualification for certain contracts relating to the consumer directed personal assistance program by applicants who provide fiscal intermediary services

download bill text pdf

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 20, 2023	referred to health

2023-S5851 (ACTIVE) - Details

See Assembly Version of this Bill:: A6215
Current Committee:: Senate Health
Law Section:: Social Services Law
Laws Affected:: Amd §365-f, Soc Serv L

2023-S5851 (ACTIVE) - Summary

Relates to qualification for certain contracts relating to the consumer directed personal assistance program by applicants who provide fiscal intermediary services.

2023-S5851 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S5851

SPONSOR: WEBB
 
TITLE OF BILL:

An act to amend the social services law, in relation to qualification
for certain contracts relating to the consumer directed personal assist-
ance program by applicants who provide fiscal intermediary services

 
PURPOSE:

Relates to qualification for certain contracts relating to the consumer
directed personal assistance program by applicants who provide fiscal
intermediary services

 
SUMMARY OF PROVISIONS:

Section one of the bill amends paragraph (b-1) of subdivision 4-a of
section 365-f of the social services law to include an additional condi-
tion for consideration within the fiscal intermediary procurement.

Section two of the bill amends subparagraph (i) of paragraph (b-2) of

subdivision 4-a to include additional language regarding any late
submission from an applicant for the fiscal intermediary procurement.

 
JUSTIFICATION:

Since the initial release of the Department of Health's Request for
Offers issued on December 18, 2019, the requirements in statute have
been drastically amended regarding eligibility and required service
area. These changes have been adopted out of concern for consumers of
the consumer directed personal assistance program (CDPAP), specifically
those living with disabilities who would be unable to remain in their
homes without the care provided through CDPAP and they rely on fiscal
intermediaries to manage the employment components of relationship
between caregiver and self-directed client. The most recent amendment to
this law narrowed the number of clients with which a fiscal intermediary
needed to work in order to be a successful candidate under the procure-
ment.

This legislation would enable an entity who has been providing fiscal
intermediary services, who continues to serve as a fiscal intermediary
and has provided all documentation and attestations as required to the
Department of Health, to participate in the procurement.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S5851 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5851
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              March 20, 2023
                                ___________
 
 Introduced  by  Sen.  WEBB  --  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  qualification
   for  certain  contracts  relating  to  the  consumer directed personal
   assistance program  by  applicants  who  provide  fiscal  intermediary
   services

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (b-1) of subdivision 4-a of section 365-f of  the
 social services law, as amended by section 3 of part PP of chapter 57 of
 the laws of 2022, is amended to read as follows:
   (b-1) Following the initial selection of contractors on February elev-
 enth,  two  thousand  twenty-one, pursuant to the commissioner's request
 for offers #20039 ("RFO")  in  accordance  with  this  subdivision,  the
 commissioner  is  instructed to accept the offer to enter into contracts
 with all applicants that were not initially selected on  February  elev-
 enth,  two  thousand  twenty-one,  but  that [were] ARE qualified by the
 commissioner as meeting minimum requirements of the RFO,  provided  that
 such qualified applicants that were not initially selected attest that:
   (i)  the  applicant  was providing fiscal intermediary services for at
 least two hundred consumers in a city with a population of more than one
 million at any time between January first, two thousand twenty and March
 thirty-first, two thousand twenty; or
   (ii) the applicant was providing fiscal intermediary services  for  at
 least  fifty  consumers in another area of the state at any time between
 January first, two thousand twenty and March thirty-first, two  thousand
 twenty[.]; OR
   (III)  FOR  ENTITIES WHO DID NOT SUBMIT AN APPLICATION PURSUANT TO THE
 RFO, THE ENTITY WAS  PROVIDING  FISCAL  INTERMEDIARY  SERVICES  UNDER  A
 CONTRACT  WITH  A  LOCAL  DEPARTMENT OF SOCIAL SERVICES PRIOR TO JANUARY
 FIRST, TWO THOUSAND ELEVEN. SUCH ENTITIES SHALL SUBMIT AN APPLICATION TO
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10108-03-3

 S. 5851                             2
 
 THE COMMISSIONER CONSISTENT WITH THE REQUIREMENTS OF THE RFO AND  ATTEST
 THAT  THEY  MEET THE REQUIREMENTS UNDER SUBPARAGRAPH (I) OR (II) OF THIS
 PARAGRAPH. SUCH APPLICATION SHALL BE DEEMED ACCEPTED BY THE COMMISSIONER
 UNLESS  THERE ARE FACTORS WHICH WOULD OTHERWISE DISQUALIFY THE APPLICANT
 AS PART OF THEIR APPLICATION.
   § 2. Subparagraph (i) of paragraph (b-2) of subdivision 4-a of section
 365-f of the social services law, as added by section 4 of  part  PP  of
 chapter 57 of the laws of 2022, is amended to read as follows:
   (i)  Any late submission shall disqualify the applicant from receiving
 a contract award under paragraph (b-1) of  this  subdivision;  PROVIDED,
 HOWEVER,  THAT A LATE SUBMISSION FROM AN APPLICANT THAT ALREADY PROVIDES
 OR HAS PROVIDED FISCAL INTERMEDIARY SERVICES UNDER THIS SECTION PURSUANT
 TO CLAUSE (A) OF SUBPARAGRAPH (I) OF PARAGRAPH (A) OF  THIS  SUBDIVISION
 AND  MEETS  THE REMAINING QUALIFICATIONS OF THE DEPARTMENT AS DEFINED IN
 THIS SECTION SHALL NOT BE  DISQUALIFIED  AND  SUCH  APPLICANT  SHALL  BE
 CONSIDERED A QUALIFIED APPLICANT.
   § 3. This act shall take effect immediately.

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