NY State Senate Bill 2023-S6960A

Senate Bill S6960A

2023-2024 Legislative Session

Ensures that the state implements certain federal conflict of interest requirements in a manner that ensures limited disruption of certain services

download bill text pdf

Archive: Last 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

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to health
Dec 18, 2023	print number 6960a
Dec 18, 2023	amend and recommit to finance
May 23, 2023	reported and committed to finance
May 16, 2023	referred to health

Votes

- May 23, 2023 - Health Committee Vote
  S6960A
  
  15
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Health Committee Vote: May 23, 2023
      
      aye (15)
      
      Ashby
      
      Brouk
      
      Felder
      
      Gallivan
      
      Hoylman-Sigal
      
      Mannion
      
      Martins
      
      May
      
      Myrie
      
      Rhoads
      
      Rivera
      
      Salazar
      
      Stec
      
      Thomas
      
      Webb

Bill Amendments

Original

A (Active)

2023-S6960 - Details

See Assembly Version of this Bill:: A6221
Current Committee:: Senate Health
Law Section:: Social Services Law
Laws Affected:: Amd §366, Soc Serv L; amd §2743, Pub Health L

2023-S6960 - Summary

Ensures that the state implements federal conflict of interest requirements in a manner that ensures limited disruption of services to persons enrolled in certain Medicaid traumatic brain injury and nursing home transition and diversion waiver programs.

2023-S6960 - Sponsor Memo

                                 
BILL NUMBER: S6960

SPONSOR: RIVERA
 
TITLE OF BILL:

An act to amend the social services law and the public health law, in
relation to ensuring that the state implements certain federal conflict
of interest requirements in a manner that ensures limited disruption of
certain services

 
PURPOSE:

This legislation amends the provisions of the social services and public
health law to ensure that the Department of Health assesses and reports
on issues relating to the end of the public health emergency, and the
readiness and ability for providers to both maintain their level of
services and comply with federal conflict of interest rules prior to the
implementation of the provisions.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends paragraph d of subsection 6-a of section 366 of the

social services law as it relates to the conflict of interest provisions
regarding the Nursing Home Transition and Diversion (NHTD) waiver
program. This section adds language to ensure that prior to implementing
the provisions, the Department of Health will (1) survey all participat-
ing waiver providers, including voluntary providers, to identify levels
of preparedness to implement such requirements; and (2) report by Janu-
ary 1, 2024 to the Governor and the chairs of the Assembly and Senate
committees on the ability of the provider system to continue to meet the
requirements of this paragraph related to consumer choice for service
coordination. While these steps are taken, final plans for the transi-
tion and conversion of services related to federal conflict of interest
activities will be suspended pending the review and approval of the
recommendations contained within the report.

Section 2 would amend Section 2743 of the public health law by adding a
new subsection 4 that would impose the same requirements on the traumat-
ic brain injury (TBI) waiver program.

Section 3 of the legislation sets the effective date.

 
JUSTIFICATION:

While the State had developed plans to apply federal conflict of inter-
est requirements to the 1915(c) Medicaid traumatic brain injury (TBI)
and Nursing Home Transition and Diversion (NHTD) Waiver programs, two
intervening issues have arisen which could compromise the stability of
the waivers and the populations they support. First, the State and the
Waivers have been operating in the context of a public health emergency
(PHE), which is coming to an end. The unwinding of the PHE is a compli-
cated process, even without the overlay of implementing the significant
changes required by the conflict of interest rules. Second, the Waiver
providers, like other health care employers, have been devastated by
workforce shortages. There remain significant questions as to how the
Waivers can continue to operate and serve their populations with these
changes, which will cause additional significant disruption to the Waiv-
er workforce.

Pausing implementation efforts while the state assesses the ability of
the Waiver providers to implement the changes without disrupting
services will inform state policymakers about what changes may be needed
to the program and mitigate any disruptive impact.

 
LEGISLATIVE HISTORY:

New legislation

 
FISCAL IMPLICATIONS:

No negative fiscal implications

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S6960 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6960
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               May 16, 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 social services law and the public  health  law,  in
   relation  to  ensuring  that  the  state  implements  certain  federal
   conflict of interest requirements in a  manner  that  ensures  limited
   disruption of certain services
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph d of subdivision 6-a of section 366 of the social
 services law, as amended by chapter 627 of the laws of 2004, is  amended
 to read as follows:
   d.  (I)  The commissioner of health shall contract with not-for-profit
 agencies around the state that have experience with providing  community
 based services to individuals with disabilities, hereinafter referred to
 as  regional  resource development specialists, who shall be responsible
 for initial contact with the prospective waiver participant, for  assur-
 ing the waiver candidates have choice in selecting a service coordinator
 and  other  providers,  and for assessing applicants including decisions
 for eligibility for participation  in  the  waiver,  which  contain  the
 original   service  plan  and  all  subsequent  revised  service  plans.
 Regional resource  development  specialists  shall  be  responsible  for
 approving service plans and the department of health shall provide tech-
 nical assistance and oversight.
   (II) PRIOR TO TAKING ANY STEP TO IMPLEMENT THE REQUIREMENTS OF SUBPAR-
 AGRAPH  (VI)  OF  PARAGRAPH  (1) OF SUBSECTION (C) OF SECTION 441.301 OF
 TITLE 42 OF THE CODE OF FEDERAL REGULATIONS AS SUCH PROVISIONS RELATE TO
 THE NURSING HOME TRANSITION  AND  DIVERSION  WAIVER  PROGRAM  AUTHORIZED
 UNDER  SECTION  1915(C)  OF THE FEDERAL SOCIAL SECURITY ACT, THE COMMIS-
 SIONER OF THE DEPARTMENT OF HEALTH SHALL:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10489-03-3
 S. 6960                             2

   (1) SURVEY ALL PARTICIPATING  WAIVER  PROVIDERS,  INCLUDING  VOLUNTARY
 PROVIDERS, TO IDENTIFY LEVELS OF PREPAREDNESS TO IMPLEMENT SUCH REQUIRE-
 MENTS; AND
   (2) REPORT BY JANUARY FIRST, TWO THOUSAND TWENTY-FOUR, TO THE GOVERNOR
 AND  THE  CHAIRS  OF THE ASSEMBLY AND SENATE COMMITTEES ON HEALTH ON THE
 ABILITY OF THE PROVIDER SYSTEM TO CONTINUE TO MEET THE  REQUIREMENTS  OF
 THIS PARAGRAPH RELATED TO CONSUMER CHOICE FOR SERVICE COORDINATION.
   (III)  ALL  FINAL  PLANS FOR THE TRANSITION AND CONVERSION OF SERVICES
 RELATED TO FEDERAL CONFLICT OF INTEREST ACTIVITIES  SHALL  BE  SUSPENDED
 PENDING  THE REVIEW AND APPROVAL OF THE RECOMMENDATIONS CONTAINED WITHIN
 THE REPORT REQUIRED UNDER CLAUSE TWO OF SUBPARAGRAPH (II) OF THIS  PARA-
 GRAPH.
   §  2. Section 2743 of the public health law is amended by adding a new
 subdivision 4 to read as follows:
   4. (A) PRIOR TO TAKING ANY  STEP  TO  IMPLEMENT  THE  REQUIREMENTS  OF
 SUBPARAGRAPH  (VI) OF PARAGRAPH (1) OF SUBSECTION (C) OF SECTION 441.301
 OF TITLE 42 OF THE CODE OF FEDERAL REGULATIONS AS SUCH PROVISIONS RELATE
 TO THE TRAUMATIC BRAIN INJURY WAIVER PROGRAM  AUTHORIZED  UNDER  SECTION
 1915(C) OF THE FEDERAL SOCIAL SECURITY ACT, THE COMMISSIONER SHALL:
   (I)  SURVEY  ALL  PARTICIPATING  WAIVER PROVIDERS, INCLUDING VOLUNTARY
 PROVIDERS, TO IDENTIFY LEVELS OF PREPAREDNESS TO IMPLEMENT SUCH REQUIRE-
 MENTS; AND
   (II) REPORT BY JANUARY FIRST, TWO THOUSAND TWENTY-FOUR, TO THE  GOVER-
 NOR  AND  THE  CHAIRS OF THE ASSEMBLY AND SENATE COMMITTEES ON HEALTH ON
 THE ABILITY OF THE PROVIDER SYSTEM TO CONTINUE TO ENSURE CONSUMER CHOICE
 FOR SERVICE COORDINATION.
   (B) ALL FINAL PLANS FOR THE  TRANSITION  AND  CONVERSION  OF  SERVICES
 RELATED  TO  FEDERAL  CONFLICT OF INTEREST ACTIVITIES SHALL BE SUSPENDED
 PENDING THE REVIEW AND APPROVAL OF THE RECOMMENDATIONS CONTAINED  WITHIN
 THE  REPORT  REQUIRED  UNDER  SUBPARAGRAPH (II) OF PARAGRAPH (A) OF THIS
 SUBDIVISION.
   § 3. This act shall take effect immediately.

2023-S6960A (ACTIVE) - Details

See Assembly Version of this Bill:: A6221
Current Committee:: Senate Health
Law Section:: Social Services Law
Laws Affected:: Amd §366, Soc Serv L; amd §2743, Pub Health L

2023-S6960A (ACTIVE) - Summary

2023-S6960A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S6960A

SPONSOR: RIVERA
 
TITLE OF BILL:

An act to amend the social services law and the public health law, in
relation to ensuring that the state implements certain federal conflict
of interest requirements in a manner that ensures limited disruption of
certain services

 
PURPOSE:

This legislation amends the provisions of the social services and public
health law to ensure that the Department of Health assesses and reports
on issues relating to the end of the public health emergency, and the
readiness and ability for providers to both maintain their level of
services and comply with federal conflict of interest rules prior to the
implementation of the provisions.  ò

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends paragraph d of subsection 6-a of section 366 of the

social services law as it relates to the conflict of interest provisions
regarding the Nursing Home Transition and Diversion (NHTD) waiver
program. This section adds language to ensure that prior to implementing
the provisions, the Department of Health will (1) survey all participat-
ing waiver providers, including voluntary providers, to identify levels
of preparedness to implement such requirements; and (2) report by July
1, 2024 to the Governor and the chairs of the Assembly and Senate
committees on the ability of the provider system to continue to meet the
requirements of this paragraph related to consumer choice for service
coordination. While these steps are taken, final plans for the transi-
tion and conversion of services related to federal conflict of interest
activities will be suspended pending the review and approval of the
recommendations contained within the report.

Section 2 would amend Section 2743 of the public health law by adding a
new subdivision 4 that would impose the same requirements on the trau-
matic brain injury (TBI) waiver program.

Section 3 sets the effective date.

 
JUSTIFICATION:

While the State had developed plans to apply federal conflict of inter-
est requirements to the 1915(c) Medicaid traumatic brain injury (TBI)
and Nursing Home Transition and Diversion (NHTD) Waiver programs, two
intervening issues have arisen that could compromise the stability of
the waivers and the populations they support. First, the State and the
Waivers have been operating in the context of a public health emergency
(PHE), which has come to an end. The unwinding of the PHE is a compli-
cated process, even without the overlay of implementing the significant
changes required by the conflict of interest rules. Second, the Waiver
providers, like other healthcare employers, have been devastated by
workforce shortages. There remain significant questions as to how the
Waivers can continue to operate and serve their populations with these
changes, which will cause additional significant disruption to the Waiv-
er workforce.

Pausing implementation efforts while the state assesses the ability of
the Waiver providers to implement the changes without disrupting
services will inform state policymakers about what changes may be needed
to the program and mitigate any disruptive impact.

 
LEGISLATIVE HISTORY:

New legislation

 
FISCAL IMPLICATIONS:

No negative fiscal implications

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S6960A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6960--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               May 16, 2023
                                ___________
 
 Introduced  by  Sen.  RIVERA -- read twice and ordered printed, and when
   printed to be committed to the Committee on Health -- reported favora-
   bly from said committee and committed to the Committee on  Finance  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee

 AN ACT to amend the social services law and the public  health  law,  in
   relation  to  ensuring  that  the  state  implements  certain  federal
   conflict of interest requirements in a  manner  that  ensures  limited
   disruption of certain services
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph d of subdivision 6-a of section 366 of the social
 services law, as amended by chapter 627 of the laws of 2004, is  amended
 to read as follows:
   d.  (I)  The commissioner of health shall contract with not-for-profit
 agencies around the state that have experience with providing  community
 based services to individuals with disabilities, hereinafter referred to
 as  regional  resource development specialists, who shall be responsible
 for initial contact with the prospective waiver participant, for  assur-
 ing the waiver candidates have choice in selecting a service coordinator
 and  other  providers,  and for assessing applicants including decisions
 for eligibility for participation  in  the  waiver,  which  contain  the
 original   service  plan  and  all  subsequent  revised  service  plans.
 Regional resource  development  specialists  shall  be  responsible  for
 approving service plans and the department of health shall provide tech-
 nical assistance and oversight.
   (II) PRIOR TO TAKING ANY STEP TO IMPLEMENT THE REQUIREMENTS OF SUBPAR-
 AGRAPH  (VI)  OF  PARAGRAPH  (1) OF SUBSECTION (C) OF SECTION 441.301 OF
 TITLE 42 OF THE CODE OF FEDERAL REGULATIONS AS SUCH PROVISIONS RELATE TO
 THE NURSING HOME TRANSITION  AND  DIVERSION  WAIVER  PROGRAM  AUTHORIZED

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10489-05-3
 S. 6960--A                          2

 
 UNDER  SECTION  1915(C)  OF THE FEDERAL SOCIAL SECURITY ACT, THE COMMIS-
 SIONER OF THE DEPARTMENT OF HEALTH SHALL:
   (1)  SURVEY  ALL  PARTICIPATING  WAIVER PROVIDERS, INCLUDING VOLUNTARY
 PROVIDERS, TO IDENTIFY LEVELS OF PREPAREDNESS TO IMPLEMENT SUCH REQUIRE-
 MENTS; AND
   (2) REPORT BY JULY FIRST, TWO THOUSAND TWENTY-FOUR,  TO  THE  GOVERNOR
 AND  THE  CHAIRS  OF THE ASSEMBLY AND SENATE COMMITTEES ON HEALTH ON THE
 ABILITY OF THE PROVIDER SYSTEM TO CONTINUE TO MEET THE  REQUIREMENTS  OF
 THIS PARAGRAPH RELATED TO CONSUMER CHOICE FOR SERVICE COORDINATION.
   (III)  ALL  FINAL  PLANS FOR THE TRANSITION AND CONVERSION OF SERVICES
 RELATED TO FEDERAL CONFLICT OF INTEREST ACTIVITIES  SHALL  BE  SUSPENDED
 PENDING  THE REVIEW AND APPROVAL OF THE RECOMMENDATIONS CONTAINED WITHIN
 THE REPORT REQUIRED UNDER CLAUSE TWO OF SUBPARAGRAPH (II) OF THIS  PARA-
 GRAPH.
   §  2. Section 2743 of the public health law is amended by adding a new
 subdivision 4 to read as follows:
   4. (A) PRIOR TO TAKING ANY  STEP  TO  IMPLEMENT  THE  REQUIREMENTS  OF
 SUBPARAGRAPH  (VI) OF PARAGRAPH (1) OF SUBSECTION (C) OF SECTION 441.301
 OF TITLE 42 OF THE CODE OF FEDERAL REGULATIONS AS SUCH PROVISIONS RELATE
 TO THE TRAUMATIC BRAIN INJURY WAIVER PROGRAM  AUTHORIZED  UNDER  SECTION
 1915(C) OF THE FEDERAL SOCIAL SECURITY ACT, THE COMMISSIONER SHALL:
   (I)  SURVEY  ALL  PARTICIPATING  WAIVER PROVIDERS, INCLUDING VOLUNTARY
 PROVIDERS, TO IDENTIFY LEVELS OF PREPAREDNESS TO IMPLEMENT SUCH REQUIRE-
 MENTS; AND
   (II) REPORT BY JULY FIRST, TWO THOUSAND TWENTY-FOUR, TO  THE  GOVERNOR
 AND  THE  CHAIRS  OF THE ASSEMBLY AND SENATE COMMITTEES ON HEALTH ON THE
 ABILITY OF THE PROVIDER SYSTEM TO CONTINUE TO ENSURE CONSUMER CHOICE FOR
 SERVICE COORDINATION.
   (B) ALL FINAL PLANS FOR THE  TRANSITION  AND  CONVERSION  OF  SERVICES
 RELATED  TO  FEDERAL  CONFLICT OF INTEREST ACTIVITIES SHALL BE SUSPENDED
 PENDING THE REVIEW AND APPROVAL OF THE RECOMMENDATIONS CONTAINED  WITHIN
 THE  REPORT  REQUIRED  UNDER  SUBPARAGRAPH (II) OF PARAGRAPH (A) OF THIS
 SUBDIVISION.
   § 3. This act shall take effect immediately.

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