S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7323
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               May 19, 2023
                                ___________
 
 Introduced  by  Sen.  CANZONERI-FITZPATRICK  --  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  Medicaid
   reimbursement rates for early intervention services
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 2 of section 2557 of the public health law,  as
 amended  by  chapter  820  of  the  laws  of 2021, is amended to read as
 follows:
   2. The department shall reimburse the approved costs paid by a munici-
 pality for the purposes of this title, other than those reimbursable  by
 the  medical  assistance  program,  in an amount of fifty percent of the
 amount expended in accordance with the  rules  and  regulations  of  the
 commissioner;  provided,  however, that in the discretion of the depart-
 ment and with the approval of the director of the division of the  budg-
 et,  the  department  may  reimburse municipalities in an amount greater
 than fifty percent of the amount expended;  PROVIDED,  FURTHER,  ON  AND
 AFTER APRIL FIRST, TWO THOUSAND TWENTY-THREE, THE DEPARTMENT SHALL REIM-
 BURSE  MUNICIPALITIES  IN  AN  AMOUNT OF SIXTY-SIX PERCENT OR MORE. Such
 state reimbursement to the municipality shall not be paid prior to April
 first of the year in which the approved costs are paid  by  the  munici-
 pality,  provided, however that, subject to the approval of the director
 of the budget, the department may pay such state  aid  reimbursement  to
 the municipality prior to such date.
   §  2. Section 2559 of the public health law is amended by adding a new
 subdivision 6 to read as follows:
   6. ON AND AFTER APRIL FIRST, TWO THOUSAND  TWENTY-THREE,  THE  COMMIS-
 SIONER  SHALL  REVIEW  THE RATES OF REIMBURSEMENT MADE THROUGH THE EARLY
 INTERVENTION PROGRAM FOR RATE ADEQUACY. THE REVIEW  SHALL  INCLUDE,  BUT
 NOT BE LIMITED TO:

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09932-01-3
 S. 7323                             2
              

 
   (A)  A  COMPREHENSIVE  ASSESSMENT  OF THE EXISTING METHODOLOGY USED TO
 DETERMINE  PAYMENT  FOR  EARLY  INTERVENTION  SCREENINGS,   EVALUATIONS,
 SERVICES AND SERVICE COORDINATION, INCLUDING BUT NOT LIMITED TO:
   (I)  ANALYSIS  OF EARLY INTERVENTION RULES, REGULATIONS, AND POLICIES,
 INCLUDING POLICIES, PROCESSES, AND REVENUE SOURCES;
   (II) ANALYSIS OF COSTS TO PROVIDERS PARTICIPATING IN THE EARLY  INTER-
 VENTION  PROGRAM,  INCLUDING TIME AND COST OF TRAVEL, SERVICE PROVISION,
 AND ADMINISTRATIVE ACTIVITIES; AND
   (III) ANALYSIS BY DISCIPLINE AND LABOR REGION  OF  SALARY  LEVELS  FOR
 INDIVIDUALS PROVIDING EARLY INTERVENTION SERVICES COMPARED TO THE SALARY
 LEVELS FOR INDIVIDUALS IN THE SAME DISCIPLINES AND LABOR REGIONS PROVID-
 ING SERVICES OTHER THAN IN THE EARLY INTERVENTION PROGRAM; AND
   (B)  RECOMMENDATIONS FOR MAINTAINING OR CHANGING REIMBURSEMENT METHOD-
 OLOGIES. THE COMMISSIONER SHALL MAKE  SUCH  RECOMMENDATIONS  WITHIN  ONE
 YEAR  OF  THE EFFECTIVE DATE OF THIS SECTION. COPIES OF SUCH RECOMMENDA-
 TIONS SHALL BE SUBMITTED TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE
 SENATE, THE SPEAKER OF THE ASSEMBLY, AND THE CHAIRS OF  THE  SENATE  AND
 ASSEMBLY  COMMITTEES ON HEALTH, AND SHALL POST THE REPORT ON THE DEPART-
 MENT'S WEBSITE.
   § 3. This act shall take effect immediately.