NY State Senate Bill 2023-S9901

Current Bill Status - In Senate Committee Rules 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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2023-S9901 (ACTIVE) - Details

Current Committee:: Senate Rules
Law Section:: Social Services Law
Laws Affected:: Amd §365-f, rpld §365-f sub 4-a ¶(a) sub¶¶ (ii-a), (ii-b) & (ii-c), ¶(b), sub 4-a-1, Soc Serv L

2023-S9901 (ACTIVE) - Summary

Relates to licensure requirements for fiscal intermediaries.

2023-S9901 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S9901

SPONSOR: RIVERA
 
TITLE OF BILL:

An act to amend the social services law, in relation to the licensure of
fiscal intermediaries, and to repeal certain provisions of such law
relating thereto

 
PURPOSE OR GENERAL IDEA OF BILL:

To establish a licensure process and requirements for fiscal interme-
diaries (FIs) to continue to operate in the Consumer Directed Personal
Assistance Program (CDPAP) under Medicaid, and to repeal the transition
to a single fiscal intermediary for the state. This legislation is
intended to address ongoing concerns that have been raised with the
operation of CDPAP while minimizing potential disrupt ion to Medicaid
enrollees receiving services and to workers providing services under the
program.

 
SUMMARY OF SPECIFIC PROVISIONS:

The bill would:

- Repeal all language associated with the transition to a single Fl
under the CDPA program.

- Require all fiscal intermediaries, including those that provide
services through Medicaid Managed Care (MMC), to report on addition al
metrics including: the number of members served; the F1's service area;
the number of personal assistants employed by consumers and the hours
and dates they worked, as well as any relationship the personal assist-
ant has with the consumer; the number of total hours consumers are
authorized to receive services and the amount of hours billed for; the
self-directing status of the consumer; and any additional information as
determined by the Commissioner of Health (COH).

- Require that on and after April 1, 2026, all FIs must be licensed in
order to provide fiscal intermediary services. The language allows the
COH to have the flexibility to grant FIs the ability to operate tempo-
rarily if their licensure application is still under review, or if the
unlicensed Fl is winding down operations and consumers and/or workers
are transitioning to another licensed Fl.

- Direct the COH to make regulations and issue guidance to ensure an
orderly transition of consumers and personal care assistants from Fls
that are ceasing operations.

- Establish a process for Fls to become licensed, including a require-
ment for the COH to review the character and competency of the Fl and
make a determination that they and their services are fit and adequate.
Factors to be considered in the review include: compliance with cost
reports; cultural and language competencies; ability to comply with
electronic visit verification (EVV) requirements; and compliance with
applicable federal and state laws and regulations.

- Require as a condition of licensure and participation in Medicaid that
fiscal intermediaries are prohibited from advertising their services to
Medicaid enrollees.
- Establish that the Commissioner may take corrective actions against
fiscal intermediaries that fail to comply with the statute or any regu-
lations or rules made thereunder. These actions include potential penal-
ties, rate reductions, or actions related to the F1's licensure.

- Require that Fls pay a one-time $10,000 licensure fee

- Establish a registry for personal assistants maintained by the Depart-
ment of Health (DOH). Fls would be responsible for providing DO H with
the information. The registry would be kept private.

- Establish a process for the revocation, suspension, limitation or
annulment of an F1's license by the COH. The process would require a
hearing. A temporary suspension without a hearing would be allowed if
public health or safety was at risk.

- Modify the current workgroup of Fl services to expand the scope of
activities they review and require an annual report on such information
beginning on December 1, 2025.

- Authorize the COH to establish minimum training requirements for
personal assistants to effectively and safely provide care to consumers.
The training requirements are allowed to be varied based on the level of
care the consumer needs and the services the personal assistant will
provide, as well as any certifications or licenses the personal assist-
ant currently holds. This training requirement is intended to be stream-
lined and not overly burdensome to provide personal assistants with some
baseline core competencies, including recognizing and responding to a
medical crisis. These requirements are not intended to be duplicative
should a personal assistant already have training or experience.

- Authorize the Comptroller to review any contract entered into by an
Fl. The Comptroller, in consultation with the Medicaid Fraud Control
Unit (MFCU), may develop an audit process. Should the Comptroller
discover unlawful activity, they would be charged with referring the
activities to DOH and MFCU.  -Take effect immediately.

 
JUSTIFICATION:

Shifting demographics have led to higher rates of utilization of long
term care services in New York and nationally. Because New York 's Medi-
caid benefit includes long term care services, this has created finan-
cial pressures for the State as it seeks to continue providing Medicaid
benefits. As a result New York has taken many different actions in
recent years in an attempt to directly reduce overall spending under the
Medicaid program. The Consumer Directed Personal Assistance Program
(CDPAP) has repeatedly been a focus of scrutiny during these efforts.
CDPAP allows Medicaid enrollees to play a larger role in selecting who
is directly providing their care rather than having an agency assign a
worker. CDPAP also allows certain family members to provide this care,
often serving as an important resource for these family members that
provide significant levels of care, which impacts their ability to seek
other employment opportunities. This program allows people to select
workers they are comfortable with, allowing them to live in their commu-
nities and avoid unnecessary hospitalizations and stays in institutional
settings. It is critical that we continue to protect access to this
program for all New Yorkers that currently do or will benefit from it.

This legislation is designed to address concerns that have been raised
by the Executive as it relates to program integrity by establishing a
licensure process for fiscal intermediaries to operate. State licensure
of entities providing services in New York has a long history that
extends beyond healthcare and has withstood repeated legal challenges.
The bill addresses the State's desire for access to information as it
relates day to day operations of fiscal intermediaries and those who
receive services under the program.  It would establish a uniform
licensing process for fiscal intermediaries that can demonstrate their
character and competence, as well as their compliance with applicable
state and federal laws and regulations.

The bill would allow fiscal intermediaries that are in good standing to
continue their operations while eliminating those that have failed to
comply with basic requirements and have operated in violation of basic
provisions of the law and regulations which govern the Medicaid program.
To assist in achieving this oversight, the bill also restores Comp-
troller oversight of fiscal intermediaries activities.

Since 2019, the statute governing who is allowed to operate as a fiscal
intermediary has been changed on four separate occasions. New York has
not been able to operationalize any of these changes at any point since
the initial restructuring in 2019. The timeframe for the most recent
change requires a new statewide fiscal intermediary to be selected and
for all consumers and personal care assistants to be transferred from
hundreds of different fiscal intermediaries by April 1, 2025. Though the
quick implementation of policy is laudable, it is highly likely that
this timeframe will either not be achievable or will lead to significant
disruption for critical services needed by New Yorkers. This bill estab-
lishes a timeframe that will grant the Commissioner of Health and the
Department of Health the flexibility needed to minimize service
disruptions.

This bill represents a compromise of positions by balancing program
integrity, access to services, consistency in fiscal intermediary oper-
ations, and economic opportunity. Its goal is to return stability to an
essential program that has been filled with uncertainty and left
patients and workers reeling for years. It will achieve this through a
return to basic operational controls that have been tested and proven.

 
PRIOR LEGISLATIVE HISTORY:

New Bill.

 
FISCAL IMPLICATIONS:

Undetermined.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S9901 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9901
 
                             I N  S E N A T E
 
                             September 6, 2024
                                ___________
 
 Introduced  by  Sen.  RIVERA -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the social services law, in relation to the licensure of
   fiscal intermediaries, and to repeal certain provisions  of  such  law
   relating thereto
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subparagraph (i) of paragraph (a)  of  subdivision  4-a  of
 section  365-f  of  the  social services law, as amended by section 1 of
 part HH of chapter 57 of the  laws  of  2024,  is  amended  to  read  as
 follows:
   (i)  "[Statewide  fiscal]  FISCAL  intermediary"  means an entity that
 provides fiscal intermediary services and has a contract  for  providing
 such services with [the]:
   (A) A LOCAL department of SOCIAL SERVICES;
   (B) A health [and is selected through] MAINTENANCE ORGANIZATION CERTI-
 FIED   PURSUANT  TO  ARTICLE  FORTY-FOUR  OF  the  [procurement  process
 described in paragraph (b)] PUBLIC HEALTH LAW; OR
   (C) AN ACCOUNTABLE CARE ORGANIZATION  CERTIFIED  PURSUANT  TO  ARTICLE
 TWENTY-NINE-E  of  [this subdivision] THE PUBLIC HEALTH LAW, OR AN INTE-
 GRATED DELIVERY SYSTEM THAT IS COMPOSED PRIMARILY OF HEALTH CARE PROVID-
 ERS AND RECOGNIZED BY THE DEPARTMENT AS  A  PERFORMING  PROVIDER  SYSTEM
 UNDER THE DELIVERY SYSTEM REFORM INCENTIVE PAYMENT PROGRAM.
   §  2.  Subparagraphs  (ii-a),  (ii-b), and (ii-c) of paragraph (a) and
 paragraph (b) of subdivision 4-a of section 365-f of the social services
 law are REPEALED.
   § 3. Paragraph (c) of subdivision 4-a of section 365-f of  the  social
 services  law,  as  added  by section 1-a of part K of chapter 57 of the
 laws of 2018 and relettered by section 2 of part G of chapter 57 of  the
 laws  of  2019,  subparagraph  (i)  as amended by section 5 of part G of
 chapter 57 of the laws of 2019, is relettered paragraph (b) and  amended
 and two new paragraphs (c) and (d) are added to read as follows:
   (b)  (i)  The commissioner shall require [a] EACH fiscal intermediary,
 INCLUDING BUT NOT LIMITED TO FISCAL INTERMEDIARIES THAT CONTRACT WITH  A
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD16118-01-4
 S. 9901                             2
 
 MANAGED CARE PROGRAM, AS DEFINED BY  PARAGRAPH (C) OF SUBDIVISION ONE OF
 SECTION  THREE  HUNDRED  SIXTY-FOUR-J OF THIS ARTICLE, OR AN ACCOUNTABLE
 CARE ORGANIZATION CERTIFIED PURSUANT TO  ARTICLE  TWENTY-NINE-E  OF  THE
 PUBLIC HEALTH LAW, to report annually on:
   (A)  the  direct  care and administrative costs of personal assistance
 services as accounted for by the fiscal intermediary;
   (B) THE NUMBER OF MEMBERS SERVICED;
   (C) THE FISCAL INTERMEDIARY'S SERVICE AREA;
   (D) THE NUMBER OF PERSONAL ASSISTANTS EMPLOYED BY CONSUMERS, INCLUDING
 THE NUMBER OF HOURS WORKED BY EACH SUCH PERSONAL ASSISTANT,  AND  PERIOD
 OF EMPLOYMENT IN PERSONAL CARE OF EACH SUCH PERSONAL ASSISTANT, AND EACH
 SUCH PERSONAL ASSISTANT'S RELATIONSHIP WITH THE CONSUMER;
   (E) THE NUMBER OF AUTHORIZED HOURS PER CONSUMER SERVICED;
   (F) THE NUMBER OF HOURS OF SERVICE BILLED PER CONSUMER;
   (G) THE SELF-DIRECTING STATUS OF THE CONSUMER; AND
   (H) ANY OTHER INFORMATION, AS DETERMINED BY THE COMMISSIONER.
   (II)  The  department shall specify the format of such reports, deter-
 mine the type and amount of information to be submitted, and require the
 submission of supporting  documentation,  provided,  however,  that  the
 department  shall  provide  no  less  than  ninety calendar days' notice
 before such reports are due.
   [(ii)] (III) If the  department  determines  that  the  [cost]  report
 submitted  by  a  provider  is  inaccurate or incomplete, the department
 shall notify the provider in writing and  advise  the  provider  of  the
 correction  or additional information that the provider must submit. The
 provider must submit the  corrected  or  additional  information  within
 thirty calendar days from the date the provider receives the notice.
   [(iii)] (IV) The department shall grant a provider an additional thir-
 ty  calendar days to submit the original, corrected or additional [cost]
 report when the provider, prior to the date the report is due, submits a
 written request to the department for an extension  and  establishes  to
 the department's satisfaction that the provider cannot submit the report
 by the date due for reasons beyond the provider's control.
   [(iv)] (V) All reports shall be certified by the owner, administrator,
 chief  executive  officer, or public official responsible for the opera-
 tion of the provider. The [cost] report [form] shall include  a  certif-
 ication form, which shall specify who must certify the report.
   (C)  (I)  ON AND AFTER APRIL FIRST, TWO THOUSAND TWENTY-SIX, NO ENTITY
 SHALL  PROVIDE,  DIRECTLY  OR  THROUGH  CONTRACT,  FISCAL   INTERMEDIARY
 SERVICES  WITHOUT  A  LICENSE  AS  A  FISCAL  INTERMEDIARY ISSUED BY THE
 COMMISSIONER IN ACCORDANCE WITH THIS SUBDIVISION.  THE COMMISSIONER  MAY
 GRANT  AN  ENTITY THAT HAS FILED FOR LICENSURE PRIOR TO SUCH DATE TEMPO-
 RARY AUTHORITY TO CONTINUE OPERATING AS A  FISCAL  INTERMEDIARY  PENDING
 SUCH  ENTITY'S  APPLICATION  REVIEW  AND  A  FINAL  DETERMINATION BY THE
 COMMISSIONER. THE COMMISSIONER SHALL MAKE REGULATIONS AND ISSUE GUIDANCE
 TO ENSURE THE ORDERLY TRANSITION OF CONSUMERS AND PERSONAL CARE  ASSIST-
 ANTS  THAT  ARE  RECEIVING  FISCAL  INTERMEDIARY  SERVICES FROM A FISCAL
 INTERMEDIARY THAT WILL NOT BE LICENSED ON OR AFTER APRIL 1,  2026.  SUCH
 REGULATIONS  AND GUIDANCE MAY, AT THE COMMISSIONER'S DISCRETION, INCLUDE
 AUTHORIZATION FOR A FISCAL INTERMEDIARY THAT IS NOT LICENSED TO CONTINUE
 OPERATING ON A TEMPORARY BASIS AS CONSUMERS AND PERSONAL CARE ASSISTANTS
 TRANSITION TO A LICENSED FISCAL INTERMEDIARY.
   (II) AN APPLICATION FOR LICENSURE AS A FISCAL INTERMEDIARY,  AND  SUCH
 OTHER  FORMS AND INFORMATION AS PRESCRIBED BY THE COMMISSIONER, SHALL BE
 FILED WITH THE COMMISSIONER.  THE  COMMISSIONER  SHALL  NOT  APPROVE  AN
 APPLICATION  FOR LICENSURE UNLESS SUCH COMMISSIONER IS SATISFIED REGARD-
 S. 9901                             3

 ING THE CHARACTER, COMPETENCE, AND STANDING  IN  THE  COMMUNITY  OF  THE
 APPLICANT'S  INCORPORATORS, DIRECTORS, SPONSORS, STOCKHOLDERS, OR OPERA-
 TORS AND FINDS THAT THE PERSONNEL, RULES, CONSUMER CONTRACTS  OR  AGREE-
 MENTS, AND FISCAL INTERMEDIARY SERVICES ARE FIT AND ADEQUATE.
   (III) IN DETERMINING CHARACTER AND COMPETENCE PURSUANT TO SUBPARAGRAPH
 (II)  OF  THIS PARAGRAPH, THE COMMISSIONER SHALL CONSIDER, BUT SHALL NOT
 BE LIMITED TO, THE FOLLOWING FACTORS:
   (A) HISTORICAL COMPLIANCE WITH SUBMISSION OF COST REPORTS;
   (B) DEMONSTRATED CULTURAL AND LANGUAGE COMPETENCIES  SPECIFIC  TO  THE
 POPULATION OF CONSUMERS AND THOSE OF THE AVAILABLE WORKFORCE;
   (C)  DEMONSTRATED ABILITY TO COMPLY WITH ELECTRONIC VISIT VERIFICATION
 REQUIREMENTS; AND
   (D) DEMONSTRATED COMPLIANCE WITH ALL APPLICABLE FEDERAL AND STATE LAWS
 AND REGULATIONS.
   (IV) AS A CONDITION OF PARTICIPATION IN THE STATE'S MEDICAL ASSISTANCE
 PROGRAM AND LICENSURE, NO FISCAL INTERMEDIARY SHALL ENGAGE IN  ADVERTIS-
 ING UNLESS IN ACCORDANCE WITH REGULATIONS PROMULGATED BY THE COMMISSION-
 ER.    FOR THE PURPOSES OF THIS SUBPARAGRAPH, "ADVERTISEMENT" SHALL MEAN
 ANY MATERIAL PRODUCED IN ANY MEDIUM THAT CAN REASONABLY  BE  INTERPRETED
 AS  INTENDED  TO  MARKET  A  FISCAL  INTERMEDIARY'S  SERVICES TO MEDICAL
 ASSISTANCE RECIPIENTS.
   (V) FISCAL INTERMEDIARIES GRANTED  LICENSURE  UNDER  THIS  SUBDIVISION
 SHALL  COMPLY  WITH  ALL  RULES  AND  REGULATIONS,  AS DETERMINED BY THE
 COMMISSIONER.  FAILURE TO COMPLY WITH THIS SECTION SHALL RESULT  IN  THE
 IMPOSITION  OF  PENALTIES,  REDUCTION OF RATES, OR ACTIONS INVOLVING THE
 LICENSE, AS THE COMMISSIONER DEEMS APPROPRIATE.
   (VI) THE COMMISSIONER SHALL  CHARGE  APPLICANTS  FOR  LICENSURE  AS  A
 FISCAL INTERMEDIARY A ONE-TIME APPLICATION FEE OF TEN THOUSAND DOLLARS.
   (D) (I) THE DEPARTMENT SHALL ESTABLISH AND MAINTAIN A PERSONAL ASSIST-
 ANT REGISTRY FOR PERSONAL ASSISTANTS EMPLOYED BY EACH CONSUMER UNDER THE
 PROGRAM.  THE  DEPARTMENT SHALL DETERMINE THE METHOD OF REGISTRATION AND
 THE DOCUMENTATION REQUIRED TO REGISTER. THE DEPARTMENT SHALL  ASSESS  NO
 FEE OR CHARGE FOR SUCH REGISTRATION.
   (II)  IT  SHALL BE THE RESPONSIBILITY OF EACH FISCAL INTERMEDIARY THAT
 IS GRANTED LICENSURE UNDER THIS SUBDIVISION TO REGISTER WITH THE DEPART-
 MENT EACH PERSONAL ASSISTANT THAT IS EMPLOYED BY EACH CONSUMER UNDER THE
 PROGRAM.
   (III) SUCH REGISTRY SHALL BE KEPT CONFIDENTIAL AND SHALL NOT BE AVAIL-
 ABLE TO THE PUBLIC. THE DEPARTMENT SHALL UTILIZE SUCH REGISTRY TO AID IN
 THE OVERSIGHT OF THE PROGRAM AND FRAUD AND ABUSE INVESTIGATIONS.
   § 4. Subdivision 4-a-1 of section 365-f of the social services law  is
 REPEALED.
   §  5.  Subdivision 4-b of section 365-f of the social services law, as
 amended by section 5 of part HH of chapter 57 of the laws  of  2024,  is
 amended to read as follows:
   4-b. Actions involving the [registration] LICENSURE of a fiscal inter-
 mediary.
   (a)  A  fiscal  intermediary's  [registration] LICENSE may be revoked,
 suspended, limited, or annulled by the commissioner upon  [thirty  days'
 written  notice to the fiscal intermediary, if] the [commissioner finds]
 COMMISSIONER'S RECEIPT OF PROOF that the fiscal intermediary has  failed
 to  comply  with the provisions of SUBDIVISION FOUR-A OF this section or
 regulations promulgated hereunder.
   (b) [The commissioner] NO SUCH LICENSE SHALL  BE  REVOKED,  SUSPENDED,
 LIMITED,  ANNULLED, OR DENIED PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVI-
 SION WITHOUT A HEARING. HOWEVER, A LICENSE may [issue orders] BE  TEMPO-
 S. 9901                             4

 RARILY SUSPENDED OR LIMITED WITHOUT A HEARING FOR A PERIOD NOT IN EXCESS
 OF  FORTY-FIVE  DAYS  UPON  WRITTEN  NOTICE  TO  THE FISCAL INTERMEDIARY
 FOLLOWING A FINDING BY THE DEPARTMENT THAT THE PUBLIC HEALTH  OR  SAFETY
 IS  IN  IMMINENT  DANGER. SUCH PERIOD MAY BE RENEWED FOR UP TO TWO ADDI-
 TIONAL PERIODS NOT EXCEEDING THIRTY  DAYS,  RESPECTIVELY,  UPON  WRITTEN
 NOTICE,  INCLUDING  AN  OPPORTUNITY  TO  SUBMIT EVIDENCE and [take other
 actions as necessary] WRITTEN ARGUMENT IN OPPOSITION TO THE RENEWAL, and
 [appropriate] A CONTINUED FINDING PURSUANT to [prohibit and prevent  the
 provision  of  fiscal  intermediary  services by an unregistered entity]
 THIS PARAGRAPH.
   (c) THE COMMISSIONER SHALL FIX A TIME AND PLACE FOR THE  HEARING.    A
 COPY  OF  THE CHARGES, TOGETHER WITH THE NOTICE OF THE TIME AND PLACE OF
 THE HEARING, SHALL BE SERVED IN PERSON OR MAILED BY REGISTERED OR CERTI-
 FIED MAIL TO THE FISCAL INTERMEDIARY AT LEAST TWENTY-ONE DAYS  PRIOR  TO
 THE  DATE FIXED FOR THE HEARING. THE FISCAL INTERMEDIARY SHALL FILE WITH
 THE DEPARTMENT A WRITTEN ANSWER TO THE CHARGES AT LEAST TEN  DAYS  PRIOR
 TO THE DATE FIXED FOR THE HEARING.
   (D)  All  orders  or  determinations  under  this subdivision shall be
 subject to review as provided in  article  seventy-eight  of  the  civil
 practice law and rules.
   §  6.  Subdivision 4-c of section 365-f of the social services law, as
 added by section 6 of part G of chapter 57  of  the  laws  of  2019,  is
 amended to read as follows:
   4-c.  (A) The commissioner shall convene and chair a stakeholder work-
 group pertaining to  fiscal  intermediary  services  and  the  needs  of
 consumers.    The  workgroup  shall  consist of, at a minimum, represen-
 tatives of service centers for  independent  living;  statewide  associ-
 ations  of  fiscal intermediaries; representatives of managed care enti-
 ties under article forty-four of the public health law and local  social
 service  districts;  consumers OR REPRESENTATIVES OF SUCH CONSUMERS; and
 representatives of advocacy groups representing  consumers  of  services
 under this section. The workgroup shall be established no later than May
 fifteenth, two thousand [nineteen] TWENTY-FIVE.
   (B) The workgroup shall:
   (I)  identify and develop best practices pertaining to the delivery of
 fiscal intermediary services;  [inform  the  criteria  for  use  by  the
 department for the selection]
   (II)  ANALYZE  TRENDS  ON AUTHORIZATION of [entities under subdivision
 four-a of this section; identify whether] services [differ  for  certain
 consumers  and]  under  [what circumstances; inform criteria in relation
 to] the [development of quality reporting requirements;  and  work  with
 the  department] PROGRAM to [develop transition plans for consumers that
 may need] DETERMINE WHETHER AUTHORIZED HOURS  ARE  CONSISTENT  WITH  THE
 PLAN OF CARE AND ASSESSMENT;
   (III)  ANALYZE  KEY  INDICES  OR METRICS UNDER THE PROGRAM COMPARED to
 [transition] PERSONAL CARE SERVICES DELIVERED THROUGH LICENSED HOME CARE
 AGENCIES; AND
   (IV) ISSUE RECOMMENDATIONS FOR AREAS OF POTENTIAL IMPROVEMENT OR CHAL-
 LENGES RELATING to [another fiscal intermediary] ACCESS, DELIVERY, QUAL-
 ITY, OUTCOMES, ADMINISTRATIVE COSTS,  EFFICIENCIES,  COST  SAVINGS,  AND
 OTHER  IMPACTS  ON  ENROLLEES THAT MAY RESULT FROM THE IMPLEMENTATION OF
 ANY SUCH RECOMMENDATIONS, INCLUDING HOW SUCH RECOMMENDATIONS MAY  IMPACT
 ENROLLEES' ABILITY TO SELF-DIRECT SUCH ENROLLEES' OWN SERVICES.
   (C)  NO LATER THAN DECEMBER FIRST, TWO THOUSAND TWENTY-FIVE, AND ANNU-
 ALLY THEREAFTER, THE WORKGROUP SHALL REPORT ON ITS FINDINGS  AND  RECOM-
 MENDATIONS  TO  THE  COMMISSIONER,  THE SPEAKER OF THE ASSEMBLY, AND THE
 S. 9901                             5
 
 TEMPORARY PRESIDENT OF THE SENATE. THE  COMMISSIONER  SHALL  GATHER  AND
 DISCLOSE  SUCH  DATA  CONTAINED  IN SUCH ANNUAL REPORTS AS THE WORKGROUP
 MEMBERS OR THE  COMMISSIONER  DETERMINES  NECESSARY  TO  FACILITATE  THE
 EFFORTS OF THE WORKGROUP.
   §  7.  Subdivision  5  of  section  365-f of the social service law is
 amended by adding a new paragraph (c) to read as follows:
   (C) (I) NOTWITHSTANDING ANY OTHER PROVISION OF LAW,  THE  COMMISSIONER
 IS  AUTHORIZED  TO  PROMULGATE  REGULATIONS  REGARDING  MINIMUM TRAINING
 REQUIREMENTS FOR PERSONAL ASSISTANTS. SUCH TRAINING  REQUIREMENTS  SHALL
 MEET  A  CURRICULUM DETERMINED BY THE COMMISSIONER AND SHALL, AT A MINI-
 MUM, PROVIDE BASIC CORE KNOWLEDGE AND SKILLS  THAT  PERSONAL  ASSISTANTS
 NEED  TO  LEARN AND UNDERSTAND TO EFFECTIVELY AND SAFELY PROVIDE CARE TO
 CONSUMERS. SUCH TRAINING  SHALL  TAKE  INTO  ACCOUNT  CERTAIN  CRITERIA,
 INCLUDING  BUT NOT LIMITED TO THE RELATIONSHIP OF THE PERSONAL ASSISTANT
 TO THE CONSUMER, THE LEVEL OF CARE THAT THE CONSUMER NEEDS AND THAT  THE
 PERSONAL  ASSISTANT  WILL  PROVIDE,  AND  ANY  CERTIFICATIONS  THAT  THE
 PERSONAL ASSISTANT HOLDS. THE TRAINING  MAY  VARY  IN  COMPETENCIES  AND
 MINIMUM REQUIRED HOURS BASED ON SUCH CRITERIA.
   (II)  SUCH  TRAINING MAY BE DELIVERED THROUGH AN ORGANIZATION OR INDE-
 PENDENT CONTRACTOR, FREE  OF  CHARGE  TO  THE  PERSONAL  ASSISTANT,  AND
 CONDUCTED  IN  PERSON OR IN A VIRTUAL ENVIRONMENT. FISCAL INTERMEDIARIES
 SHALL CERTIFY, IN A MANNER DETERMINED BY THE COMMISSIONER, THAT PERSONAL
 ASSISTANTS PROVIDING SERVICES TO ENROLLEES HAVE COMPLETED SUCH  REQUIRED
 TRAINING.
   (III)  THE COMMISSIONER SHALL DEVELOP REGULATIONS TO WAIVE SUCH TRAIN-
 ING REQUIREMENTS FOR CERTAIN INDIVIDUALS WHO HAVE ALREADY ATTAINED  SUCH
 REQUISITE  TRAINING  THROUGH  APPROPRIATE  LICENSURE,  REGISTRATION,  OR
 CERTIFICATION IN CONNECTION TO ANOTHER HEALTHCARE, AS DETERMINED BY  THE
 COMMISSIONER.  SUCH  INDIVIDUALS  SHALL  STILL BE REGISTERED AS PERSONAL
 CARE ASSISTANTS WITH THE DEPARTMENT PURSUANT TO  SUBDIVISION  FOUR-A  OF
 THIS SECTION.
   §  8.  Section 365-f of the social services law is amended by adding a
 new subdivision 5-a to read as follows:
   5-A. (A) TO ENSURE COMPLIANCE WITH THIS SECTION, THE COMPTROLLER SHALL
 HAVE THE AUTHORITY TO REVIEW CONTRACTS ENTERED INTO BY  FISCAL  INTERME-
 DIARIES  AND  ANY  ENTITY  SUBJECT  TO THE PROVISIONS OF THIS SECTION TO
 ENSURE THAT SERVICES AND PAYMENTS UNDER THIS SECTION ARE BEING  PROVIDED
 IN  COMPLIANCE WITH STATE AND FEDERAL LAW. THE COMPTROLLER, IN CONSULTA-
 TION WITH THE MEDICAID FRAUD CONTROL UNIT, MAY DEVELOP AND PROMULGATE  A
 PROCESS  TO ENSURE SUCH AUDITS COMPLY WITH STATE AND FEDERAL LAW. IN THE
 EVENT THAT THE COMPTROLLER FINDS EVIDENCE THAT FISCAL INTERMEDIARIES  OR
 ANY  ENTITY  SUBJECT  TO THE PROVISIONS OF THIS SECTION ARE ACTING IN AN
 UNLAWFUL MANNER, THE COMMISSIONER  WILL  REFER  SUCH  INSTANCES  TO  THE
 DEPARTMENT  AND  THE MEDICAID FRAUD CONTROL UNIT FOR ENFORCEMENT. IF THE
 DEPARTMENT OR THE MEDICAID FRAUD CONTROL  UNIT  CHOOSES  NOT  TO  PURSUE
 ACTION  RELATED  TO  THIS REFERRAL, THE DEPARTMENT OR THE MEDICAID FRAUD
 CONTROL UNIT SHALL INFORM THE COMPTROLLER'S OFFICE, IN  WRITING,  AS  TO
 THE  REASONS WHY. SUCH REPORTS, AND THE DEPARTMENT'S RESPONSES, SHALL BE
 MADE PUBLICLY AVAILABLE ON THE COMPTROLLER'S WEBSITE.
   (B)  FISCAL  INTERMEDIARIES  AND  ANY  OTHER  ENTITY  SUBJECT  TO  THE
 PROVISIONS OF THIS SECTION SHALL BE SUBJECT TO THE PROVISIONS OF SECTION
 ONE  HUNDRED  FORTY-FIVE-B OF THIS CHAPTER, SECTION THREE HUNDRED SIXTY-
 SIX-B OF THIS ARTICLE, AND ARTICLE THIRTEEN OF THE STATE FINANCE LAW.
   § 9. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion, section or part of this act shall be  adjudged  by  any  court  of
 competent  jurisdiction  to  be invalid, such judgment shall not affect,
 S. 9901                             6
 
 impair, or invalidate the remainder thereof, but shall  be  confined  in
 its  operation  to the clause, sentence, paragraph, subdivision, section
 of part thereof directly involved in the controversy on which such judg-
 ment shall have been rendered. It is hereby declared to be the intent of
 the  legislature  that  this  act  would  have been enacted even if such
 invalid provisions had not been included herein.
   § 10. This act shall take effect immediately.

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Senate Bill S9901

Sponsored By

Current Bill Status - In Senate Committee Rules Committee

co-Sponsors

2023-S9901 (ACTIVE) - Details

2023-S9901 (ACTIVE) - Summary

2023-S9901 (ACTIVE) - Sponsor Memo

2023-S9901 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S9901

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Sponsored By

Current Bill Status - In Senate Committee Rules Committee

co-Sponsors

2023-S9901 (ACTIVE) - Details

2023-S9901 (ACTIVE) - Summary

2023-S9901 (ACTIVE) - Sponsor Memo

2023-S9901 (ACTIVE) - Bill Text download pdf

Comments