NY State Senate Bill 2023-S5020A

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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to health
Apr 05, 2023	print number 5020a
Apr 05, 2023	amend (t) and recommit to health
Feb 21, 2023	referred to health

Bill Amendments

Original

A (Active)

co-Sponsors

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2023-S5020 - Details

See Assembly Version of this Bill:: A5281
Current Committee:: Senate Health
Law Section:: Social Services Law
Laws Affected:: Amd §365-f, rpld §365-f sub 4-a ¶¶(b-1) - (b-3), sub 4-d ¶(d), Soc Serv L

2023-S5020 - Summary

Directs the commissioner of health to provide authorizations to all fiscal intermediaries that timely submit a request for authorization prior to January 1, 2024; details information required for such authorizations; makes related provisions.

2023-S5020 - Sponsor Memo

                                 
BILL NUMBER: S5020

SPONSOR: COMRIE
 
TITLE OF BILL:

An act to amend the social services law, in relation to certain authori-
zations to fiscal intermediaries

 
PURPOSE:

The Department of Health's attempt to drastically out the number of FIs
creates issues of network adequacy, resulting in palpable harms includ-
ing closing long-standing highly reputable Fis, and leaving many parts
of the state without a familiar FI, especially underserved and poverty
stricken areas left without local agencies.

 
SUMMARY OF SPECIFIC PROVISIONS:

This alternative proposal to the executive's 365-F the following key
areas: (1) clarity around the authorization process is detailed in the
statute; 2) FIs have a right to receive an authorization if they meet
the requirements; (3) FIs have an avenue to appeal if the DOH denies;

and (4) they can remain in business when this process is pending. The
authorization process proposed herein is very similar to the process
detailed in the version of 365-f that was in effect prior to March 31,
2019 (at which time it was replaced with an RFO process). Similar to
Governor Hochul's proposal, this proposal replaces the current RFO proc-
ess.

 
JUSTIFICATION:

During the current stage of the Coronavirus pandemic it is important to
not disrupt a major program that provides personal care service in the
home to people who would otherwise be forced into nursing home care. In
addition, current FIs performed on an outstanding :eve:  throughout the
pandemic. Equity requires that current FIs be given the opportunity to
continue providing services, instead of small minority owned agencies
being unfairly targeted and forced out of business.

During the COVID epidemic, for quality of hcalthcare, CDPAP has far
outperformed both Nursing Homes and LHCSAs in providing safe, reliable,
well managed services to the elderly and vulnerable patient population.
By keeping vulnerable patients out of a congregant setting, CDPAP is
preferable to Nursing Homes. By having one aide who is often a member of
the patient's household or family, instead of multiple aides visiting
multiple patients, CDPAP is preferable for many over EHCSA services,
especially in light of the Coronavirus pandemic and continued fears of
exposure.

In addition, the decentralized administration of current CDPAP organiza-
tions has been a strength when large offices were closed due to COVID
throughout NY State. Note that NYS offices and even the legislature were
closed to citizens due to COVID. This proposal add to the strength in
decentralized home care management during a large scale health crisis
like a pandemic. The Department of Health's attempt to drastically out
the number of FIs creates issues of network adequacy, resulting in
palpable harms including closing long-standing highly reputable Flo, and
leaving many parts of the state without a familiar FI, especially under-
served and poverty stricken areas left without local agencies.
In the case of new immigrants, the DOH attempts to eliminate agenLies,
often those who are smaller in nature and formed to support a specific
culture, and ethnic population, will cause tremendous harm.  These agen-
cies are often the only ones able to serve these populations with impor-
tant language and cultural proficiency. In addition, the DOH's consol-
idation effort provides inadequate network availability for small
disability populations like the Deaf and Deaf/Blind community. Under
this proposed bill, Els would be able to continue their work while DOH
holds an enhanced authorization process that makes sure that all parts
of the state will be served by experienced Els that can meet the needs
of diverse groups of patients.

 
PRIOR LEG/SLAT/VE H/STORY:

This is new bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S5020 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5020
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 21, 2023
                                ___________
 
 Introduced  by  Sen.  COMRIE -- 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 certain authori-
   zations to fiscal intermediaries
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraph  (b) of subdivision 4-a of section 365-f of the
 social services law, as amended by section 4 of part G of chapter 57  of
 the  laws  of 2019, subparagraph (vi) as amended by section 1 of part LL
 of chapter 57 of the laws of 2021, is amended to read as follows:
   (b) [Notwithstanding any inconsistent provision of section one hundred
 sixty-three of the state finance law, or section one  hundred  forty-two
 of  the  economic  development  law  the  commissioner  shall enter into
 contracts under this subdivision with eligible contractors  that  submit
 an offer for a contract, provided, however, that:
   (i) the department shall post on its website:
   (A)  a description of the proposed services to be provided pursuant to
 contracts in accordance with this subdivision;
   (B) that the selection of  contractors  shall  be  based  on  criteria
 reasonably  related to the contractors' ability to provide fiscal inter-
 mediary services including but not limited to: ability to  appropriately
 serve  individuals participating in the program, geographic distribution
 that would ensure access in rural and  underserved  areas,  demonstrated
 cultural and language competencies specific to the population of consum-
 ers  and  those  of  the  available workforce, ability to provide timely
 consumer assistance, experience serving individuals  with  disabilities,
 the  availability  of consumer peer support, and demonstrated compliance
 with all applicable federal and state laws  and  regulations,  including
 but not limited to those relating to wages and labor;
   (C)  the  manner  by  which  prospective  contractors  may  seek  such
 selection, which may include submission by electronic means;

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09732-01-3

 S. 5020                             2

   (ii) all reasonable and  responsive  offers  that  are  received  from
 prospective  contractors  in  timely  fashion  shall  be reviewed by the
 commissioner;
   (iii)  the  commissioner shall award such contracts to the contractors
 that best meet the criteria for selection and are best suited  to  serve
 the purposes of this section and the needs of consumers;
   (iv)  all entities providing fiscal intermediary services on or before
 April first, two thousand nineteen, shall submit an offer for a contract
 under this section within sixty days after  the  commissioner  publishes
 the  initial  offer  on the department's website. Such entities shall be
 deemed authorized to provide such services unless: (A) the entity  fails
 to  submit  an  offer for a contract under this section within the sixty
 days; or (B) the entity's offer for a contract  under  this  section  is
 denied;
   (v) all decisions made and approaches taken pursuant to this paragraph
 shall  be  documented  in a procurement record as defined in section one
 hundred sixty-three of the state finance law; and
   (vi) the commissioner is authorized to  either  reoffer  contracts  or
 utilize  the  previous  offer,  to  ensure  that  all provisions of this
 section are met.] THE COMMISSIONER SHALL  PROVIDE  AUTHORIZATIONS  UNDER
 THIS  SUBDIVISION  TO  ALL  FISCAL  INTERMEDIARIES  THAT TIMELY SUBMIT A
 REQUEST FOR AUTHORIZATION PRIOR TO JANUARY FIRST, TWO  THOUSAND  TWENTY-
 FOUR,  AND  MEET  THE  REQUIREMENTS  OF  THIS SECTION.   NO ENTITY SHALL
 PROVIDE, DIRECTLY OR  THROUGH  CONTRACT,  FISCAL  INTERMEDIARY  SERVICES
 WITHOUT HAVING RECEIVED AN AUTHORIZATION AS A FISCAL INTERMEDIARY ISSUED
 BY  THE  COMMISSIONER IN ACCORDANCE WITH THIS SUBDIVISION, OR THAT HAS A
 PENDING AUITHORIZATION TIMELY SUBMITTED  AND  CURRENTLY  IN  PROCESSING,
 REVIEW, APPEAL, OR LEGAL CHALLENGE.
   (I) AN APPLICATION FOR AUTHORIZATION AS A FISCAL INTERMEDIARY SHALL BE
 FILED WITH THE COMMISSIONER, TOGETHER WITH SUCH OTHER FORMS AND INFORMA-
 TION AS SHALL BE PRESCRIBED BY, OR ACCEPTABLE TO THE COMMISSIONER.  SUCH
 INFORMATION SHALL CONSIST OF THE FOLLOWING:
   (A)  THE  NAME  AND  EMPLOYER  IDENTIFICATION  NUMBER,  OF THE ENTITY,
 INCLUDING ANY SUBSIDIARY CORPORATIONS, IF  APPLICABLE,  AND    ANY  NAME
 UNDER WHICH THE ENTITY DOES BUSINESS;
   (B) ALL ADDRESSES AT WHICH THE ORGANIZATION OPERATES;
   (C)  THE  NAMES,  TITLES  AND  CONTACT INFORMATION OF ALL OFFICERS AND
 DIRECTORS IN A NOT-FOR-PROFIT COMPANY OR  BUSINESS,  OR  MANAGERS  IN  A
 LIMITED LIABILITY COMPANY, AS WELL AS THE NAME AND EMPLOYMENT HISTORY OF
 THE INDIVIDUAL ULTIMATELY ACCOUNTABLE FOR OPERATION OF THE FISCAL INTER-
 MEDIARY;  AND  FOR A NOT-FOR-PROFIT ENTITY, THE NUMBER OF DIRECTOR POSI-
 TIONS SET BY THE COMPANY'S BY-LAWS, AND HOW MANY ARE CURRENTLY FILLED;
   (D) A HISTORY OF THE ORGANIZATION,  ALONG  WITH  AN  OVERVIEW  OF  THE
 ORGANIZATION  AND  ALL  SERVICES  IT OFFERS, INCLUDING ANY RELATIONSHIPS
 WITH OUTSIDE AGENCIES THAT MAY INFLUENCE IN ANY WAY THE ABILITY  OF  THE
 ORGANIZATION TO PROVIDE FISCAL INTERMEDIARY SERVICES CONSISTENT WITH THE
 MANNER DESCRIBED IN ITS APPLICATION;
   (E)  ALL POLICIES AND PROCEDURES OF THE FISCAL INTERMEDIARY, INCLUDING
 ANY CONTRACTS OR OTHER DOCUMENTS USED IN COMMUNICATIONS WITH CONSUMERS;
   (F) PLANS TO SOLICIT AND CONSIDER INPUT FROM THE FISCAL INTERMEDIARY'S
 CONSUMERS, STAFF, PERSONAL ASSISTANTS AND OTHER INTERESTED PARTIES WHICH
 MAY BE CHARGED WITH ROLES INCLUDING, BUT NOT LIMITED TO, QUALITY  ASSUR-
 ANCE REVIEW, REFERRAL, PROGRAM MONITORING OR DEVELOPMENT OR ESTABLISHING
 AND  RESPONDING  TO  COMMUNITY NEEDS; SUCH INPUT MAY BE IN THE FORM OF A
 BOARD OF DIRECTORS, COMMITTEE, SURVEY, OR OTHER MECHANISM, PROVIDED THAT
 S. 5020                             3

 THE MAJORITY OF INPUT OBTAINED AS PART OF  THIS  PROCESS  MUST  BE  FROM
 INDIVIDUAL CONSUMERS AND CONSUMER ADVOCATES OF THE FISCAL INTERMEDIARY;
   (G)  THE  ORGANIZATION'S  PLAN  TO  ADDRESS THE NEEDS OF CONSUMERS AND
 THEIR PERSONAL ASSISTANTS IN A TIMELY MANNER, REGARDLESS OF  WHERE  THEY
 LIVE,  INCLUDING,  BUT  NOT  LIMITED TO, INPUT FROM CONSUMERS, OBTAINING
 PHYSICALS AND OTHER HEALTH INFORMATION FROM PERSONAL ASSISTANTS, OBTAIN-
 ING TIME RECORDS FOR PAYROLL, AND TIMELY PROCESSING OF PAYROLL; AND
   (H) A WRITTEN SWORN STATEMENT BY AN OFFICER OF THE  ENTITY  DISCLOSING
 ANY  PENDING LITIGATION, UNSATISFIED JUDGMENTS OR PENALTIES, CONVICTIONS
 FOR FRAUD OR SANCTIONS IMPOSED BY GOVERNMENT AUTHORITIES.
   (II) THE ENTITY SHALL REASONABLY PROMPTLY NOTIFY THE DEPARTMENT OF ANY
 CHANGE IN THE INFORMATION SUBMITTED TO THE DEPARTMENT FOR  AUTHORIZATION
 UNDER THIS SUBDIVISION.
   (III)  THE COMMISSIONER SHALL NOT WITHHOLD APPROVAL OF ANY APPLICATION
 FOR AUTHORIZATION THAT DEMONSTRATES THE FISCAL INTERMEDIARY'S ABILITY TO
 PROVIDE FISCAL INTERMEDIARY SERVICES,  IN  ACCORDANCE  WITH  THE  MANNER
 REQUIRED  BY  THIS  SUBDIVISION AND THE RULES AND REGULATIONS HEREUNDER.
 ALL SUCH APPLICATIONS SHALL BE APPROVED BY THE COMMISSIONER.
   (IV) IF THE COMMISSIONER DENIES AN APPLICATION FOR  AUTHORIZATION,  HE
 OR  SHE  SHALL  INCLUDE A NARRATIVE EXPLANATION OF THE REASON OR REASONS
 FOR ITS DENIAL AND PROVIDE THE FISCAL INTERMEDIARY WITH  SIXTY  DAYS  TO
 SUBMIT ADDITIONAL INFORMATION FOR RECONSIDERATION BY THE COMMISSIONER.
   (V) THE COMMISSIONER SHALL CONSIDER AND EVALUATE ANY RESPONSE RECEIVED
 BY  THE FISCAL INTERMEDIARY BEFORE REACHING A FINAL DETERMINATION, WHICH
 LIKEWISE SHALL BE ACCOMPANIED BY A NARRATIVE EXPLANATION, IF THE  APPLI-
 CATION IS STILL DENIED.
   (VI)  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.
   §  2.  This  act  shall take effect immediately and shall be deemed to
 have been in full force and effect on and after April 1, 2023.

co-Sponsors

View additional co-sponsors

2023-S5020A (ACTIVE) - Details

See Assembly Version of this Bill:: A5281
Current Committee:: Senate Health
Law Section:: Social Services Law
Laws Affected:: Amd §365-f, rpld §365-f sub 4-a ¶¶(b-1) - (b-3), sub 4-d ¶(d), Soc Serv L

2023-S5020A (ACTIVE) - Summary

2023-S5020A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S5020A

SPONSOR: COMRIE
 
TITLE OF BILL:

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

 
PURPOSE:

The Department of Health's attempt to drastically out the number of FIs
creates issues of network adequacy, resulting in palpable harms includ-
ing closing long-standing highly reputable Fis, and leaving many parts
of the state without a familiar FI, especially underserved and poverty
stricken areas left without local agencies.

 
SUMMARY OF SPECIFIC PROVISIONS:

This alternative proposal to the executive's 365-F the following key
areas: (1) clarity around the authorization process is detailed in the
statute; 2) FIs have a right to receive an authorization if they meet

the requirements; (3) FIs have an avenue to appeal if the DOH denies;
and (4) they can remain in business when this process is pending. The
authorization process proposed herein is very similar to the process
detailed in the version of 365-f that was in effect prior to March 31,
2019 (at which time it was replaced with an RFO process). Similar to
Governor Hochul's proposal, this proposal replaces the current RFO proc-
ess.

 
JUSTIFICATION:

During the current stage of the Coronavirus pandemic it is important to
not disrupt a major program that provides personal care service in the
home to people who would otherwise be forced into nursing home care. In
addition, current FIs performed on an outstanding :eve:  throughout the
pandemic. Equity requires that current FIs be given the opportunity to
continue providing services, instead of small minority owned agencies
being unfairly targeted and forced out of business.

During the COVID epidemic, for quality of healthcare, CDPAP has far
outperformed both Nursing Homes and LHCSAs in providing safe, reliable,
well managed services to the elderly and vulnerable patient population.
By keeping vulnerable patients out of a congregant setting, CDPAP is
preferable to Nursing Homes. By having one aide who is often a member of
the patient's household or family, instead of multiple aides visiting
multiple patients, CDPAP is preferable for many over EHCSA services,
especially in light of the Coronavirus pandemic and continued fears of
exposure.

In addition, the decentralized administration of current CDPAP organiza-
tions has been a strength when large offices were closed due to COVID
throughout NY State. Note that NYS offices and even the legislature were
closed to citizens due to COVID. This proposal add to the strength in
decentralized home care management during a large scale health crisis
like a pandemic. The Department of Health's attempt to drastically out
the number of FIs creates issues of network adequacy, resulting in
palpable harms including closing long-standing highly reputable Flo, and
leaving many parts of the state without a familiar FI, especially
under-served and poverty stricken areas left without local agencies.  In
the case of new immigrants, the DOH attempts to eliminate agenLies,
often those who are smaller in nature and formed to support a specific
culture, and ethnic population, will cause tremendous harm.  These agen-
cies are often the only ones able to serve these populations with impor-
tant language and cultural proficiency. In addition, the DOH's consol-
idation effort provides inadequate network availability for small
disability populations like the Deaf and Deaf/Blind community. Under
this proposed bill, Els would be able to continue their work while DOH
holds an enhanced authorization process that makes sure that all parts
of the state will be served by experienced Els that can meet the needs
of diverse groups of patients.

 
PRIOR LEGISLATIVE HISTORY:

This is new bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S5020A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5020--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 21, 2023
                                ___________
 
 Introduced by Sens. COMRIE, ADDABBO, BRESLIN, CLEARE, MARTINEZ, SALAZAR,
   SANDERS, SCARCELLA-SPANTON, SEPULVEDA -- read twice and ordered print-
   ed,  and  when  printed  to be committed to the Committee on Health --
   committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted to said committee

 AN ACT to amend the social services law, in relation to certain authori-
   zations  to 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.  Paragraph  (b) of subdivision 4-a of section 365-f of the
 social services law, as amended by section 4 of part G of chapter 57  of
 the  laws  of 2019, subparagraph (vi) as amended by section 1 of part LL
 of chapter 57 of the laws of 2021, is amended to read as follows:
   (b) [Notwithstanding any inconsistent provision of section one hundred
 sixty-three of the state finance law, or section one  hundred  forty-two
 of  the  economic  development  law  the  commissioner  shall enter into
 contracts under this subdivision with eligible contractors  that  submit
 an offer for a contract, provided, however, that:
   (i) the department shall post on its website:
   (A)  a description of the proposed services to be provided pursuant to
 contracts in accordance with this subdivision;
   (B) that the selection of  contractors  shall  be  based  on  criteria
 reasonably  related to the contractors' ability to provide fiscal inter-
 mediary services including but not limited to: ability to  appropriately
 serve  individuals participating in the program, geographic distribution
 that would ensure access in rural and  underserved  areas,  demonstrated
 cultural and language competencies specific to the population of consum-
 ers  and  those  of  the  available workforce, ability to provide timely
 consumer assistance, experience serving individuals  with  disabilities,
 the  availability  of consumer peer support, and demonstrated compliance

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09732-02-3

 S. 5020--A                          2

 with all applicable federal and state laws  and  regulations,  including
 but not limited to those relating to wages and labor;
   (C)  the  manner  by  which  prospective  contractors  may  seek  such
 selection, which may include submission by electronic means;
   (ii) all reasonable and  responsive  offers  that  are  received  from
 prospective  contractors  in  timely  fashion  shall  be reviewed by the
 commissioner;
   (iii) the commissioner shall award such contracts to  the  contractors
 that  best  meet the criteria for selection and are best suited to serve
 the purposes of this section and the needs of consumers;
   (iv) all entities providing fiscal intermediary services on or  before
 April first, two thousand nineteen, shall submit an offer for a contract
 under  this  section  within sixty days after the commissioner publishes
 the initial offer on the department's website. Such  entities  shall  be
 deemed  authorized to provide such services unless: (A) the entity fails
 to submit an offer for a contract under this section  within  the  sixty
 days;  or  (B)  the  entity's offer for a contract under this section is
 denied;
   (v) all decisions made and approaches taken pursuant to this paragraph
 shall be documented in a procurement record as defined  in  section  one
 hundred sixty-three of the state finance law; and
   (vi)  the  commissioner  is  authorized to either reoffer contracts or
 utilize the previous offer,  to  ensure  that  all  provisions  of  this
 section  are  met.]  THE COMMISSIONER SHALL PROVIDE AUTHORIZATIONS UNDER
 THIS SUBDIVISION TO ALL  FISCAL  INTERMEDIARIES  THAT  TIMELY  SUBMIT  A
 REQUEST  FOR  AUTHORIZATION PRIOR TO JANUARY FIRST, TWO THOUSAND TWENTY-
 FOUR, AND MEET THE REQUIREMENTS  OF  THIS  SECTION.    NO  ENTITY  SHALL
 PROVIDE,  DIRECTLY  OR  THROUGH  CONTRACT,  FISCAL INTERMEDIARY SERVICES
 WITHOUT HAVING RECEIVED AN AUTHORIZATION AS A FISCAL INTERMEDIARY ISSUED
 BY THE COMMISSIONER IN ACCORDANCE WITH THIS SUBDIVISION, OR THAT  HAS  A
 PENDING  AUTHORIZATION  TIMELY  SUBMITTED  AND  CURRENTLY IN PROCESSING,
 REVIEW, APPEAL, OR LEGAL CHALLENGE.
   (I) AN APPLICATION FOR AUTHORIZATION AS A FISCAL INTERMEDIARY SHALL BE
 FILED WITH THE COMMISSIONER, TOGETHER WITH SUCH OTHER FORMS AND INFORMA-
 TION AS SHALL BE PRESCRIBED BY, OR ACCEPTABLE TO THE COMMISSIONER.  SUCH
 INFORMATION SHALL CONSIST OF THE FOLLOWING:
   (A) THE NAME  AND  EMPLOYER  IDENTIFICATION  NUMBER,  OF  THE  ENTITY,
 INCLUDING  ANY  SUBSIDIARY  CORPORATIONS,  IF APPLICABLE, AND   ANY NAME
 UNDER WHICH THE ENTITY DOES BUSINESS;
   (B) ALL ADDRESSES AT WHICH THE ORGANIZATION OPERATES;
   (C) THE NAMES, TITLES AND CONTACT  INFORMATION  OF  ALL  OFFICERS  AND
 DIRECTORS  IN  A  NOT-FOR-PROFIT  COMPANY  OR BUSINESS, OR MANAGERS IN A
 LIMITED LIABILITY COMPANY, AS WELL AS THE NAME AND EMPLOYMENT HISTORY OF
 THE INDIVIDUAL ULTIMATELY ACCOUNTABLE FOR OPERATION OF THE FISCAL INTER-
 MEDIARY; AND FOR A NOT-FOR-PROFIT ENTITY, THE NUMBER OF  DIRECTOR  POSI-
 TIONS SET BY THE COMPANY'S BY-LAWS, AND HOW MANY ARE CURRENTLY FILLED;
   (D)  A  HISTORY  OF  THE  ORGANIZATION,  ALONG WITH AN OVERVIEW OF THE
 ORGANIZATION AND ALL SERVICES IT  OFFERS,  INCLUDING  ANY  RELATIONSHIPS
 WITH  OUTSIDE  AGENCIES THAT MAY INFLUENCE IN ANY WAY THE ABILITY OF THE
 ORGANIZATION TO PROVIDE FISCAL INTERMEDIARY SERVICES CONSISTENT WITH THE
 MANNER DESCRIBED IN ITS APPLICATION;
   (E) ALL POLICIES AND PROCEDURES OF THE FISCAL INTERMEDIARY,  INCLUDING
 ANY CONTRACTS OR OTHER DOCUMENTS USED IN COMMUNICATIONS WITH CONSUMERS;
   (F) PLANS TO SOLICIT AND CONSIDER INPUT FROM THE FISCAL INTERMEDIARY'S
 CONSUMERS, STAFF, PERSONAL ASSISTANTS AND OTHER INTERESTED PARTIES WHICH
 MAY  BE CHARGED WITH ROLES INCLUDING, BUT NOT LIMITED TO, QUALITY ASSUR-
 S. 5020--A                          3
 
 ANCE REVIEW, REFERRAL, PROGRAM MONITORING OR DEVELOPMENT OR ESTABLISHING
 AND RESPONDING TO COMMUNITY NEEDS; SUCH INPUT MAY BE IN THE  FORM  OF  A
 BOARD OF DIRECTORS, COMMITTEE, SURVEY, OR OTHER MECHANISM, PROVIDED THAT
 THE  MAJORITY  OF  INPUT  OBTAINED  AS PART OF THIS PROCESS MUST BE FROM
 INDIVIDUAL CONSUMERS AND CONSUMER ADVOCATES OF THE FISCAL INTERMEDIARY;
   (G) THE ORGANIZATION'S PLAN TO ADDRESS  THE  NEEDS  OF  CONSUMERS  AND
 THEIR  PERSONAL  ASSISTANTS IN A TIMELY MANNER, REGARDLESS OF WHERE THEY
 LIVE, INCLUDING, BUT NOT LIMITED TO,  INPUT  FROM  CONSUMERS,  OBTAINING
 PHYSICALS AND OTHER HEALTH INFORMATION FROM PERSONAL ASSISTANTS, OBTAIN-
 ING TIME RECORDS FOR PAYROLL, AND TIMELY PROCESSING OF PAYROLL; AND
   (H)  A  WRITTEN SWORN STATEMENT BY AN OFFICER OF THE ENTITY DISCLOSING
 ANY PENDING LITIGATION, UNSATISFIED JUDGMENTS OR PENALTIES,  CONVICTIONS
 FOR FRAUD OR SANCTIONS IMPOSED BY GOVERNMENT AUTHORITIES.
   (II) THE ENTITY SHALL REASONABLY PROMPTLY NOTIFY THE DEPARTMENT OF ANY
 CHANGE  IN THE INFORMATION SUBMITTED TO THE DEPARTMENT FOR AUTHORIZATION
 UNDER THIS SUBDIVISION.
   (III) THE COMMISSIONER SHALL NOT WITHHOLD APPROVAL OF ANY  APPLICATION
 FOR AUTHORIZATION THAT DEMONSTRATES THE FISCAL INTERMEDIARY'S ABILITY TO
 PROVIDE  FISCAL  INTERMEDIARY  SERVICES,  IN  ACCORDANCE WITH THE MANNER
 REQUIRED BY THIS SUBDIVISION AND THE RULES  AND  REGULATIONS  HEREUNDER.
 ALL SUCH APPLICATIONS SHALL BE APPROVED BY THE COMMISSIONER.
   (IV)  IF  THE COMMISSIONER DENIES AN APPLICATION FOR AUTHORIZATION, HE
 OR SHE SHALL INCLUDE A NARRATIVE EXPLANATION OF THE  REASON  OR  REASONS
 FOR  ITS  DENIAL  AND PROVIDE THE FISCAL INTERMEDIARY WITH SIXTY DAYS TO
 SUBMIT ADDITIONAL INFORMATION FOR RECONSIDERATION BY THE COMMISSIONER.
   (V) THE COMMISSIONER SHALL CONSIDER AND EVALUATE ANY RESPONSE RECEIVED
 BY THE FISCAL INTERMEDIARY BEFORE REACHING A FINAL DETERMINATION,  WHICH
 LIKEWISE  SHALL BE ACCOMPANIED BY A NARRATIVE EXPLANATION, IF THE APPLI-
 CATION IS STILL DENIED.
   (VI) 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.
   § 2. Subparagraphs (i) and (ii) of paragraph (a) of subdivision 4-a of
 section 365-f of the social services law, as amended  by  section  3  of
 part  G  of  chapter  57  of  the laws of 2019, the opening paragraph of
 subparagraph (i) as amended by section 2 of part PP of chapter 57 of the
 laws of 2022, are amended to read as follows:
   (i) "Fiscal intermediary" means an entity that provides fiscal  inter-
 mediary  services  and  has  a contract for providing such services with
 [the department of health and is selected through the procurement  proc-
 ess described in paragraphs (b), (b-1), (b-2) and (b-3) of this subdivi-
 sion. Eligible applicants for contracts shall be entities that are capa-
 ble  of appropriately providing fiscal intermediary services, performing
 the responsibilities of a fiscal intermediary, and complying  with  this
 section, including but not limited to entities that]:
   (A)  [are  a  service  center for independent living under section one
 thousand one hundred twenty-one of the education law; or
   (B) have been established as fiscal intermediaries  prior  to  January
 first,  two  thousand  twelve  and have been continuously providing such
 services for eligible individuals under this section.] A  LOCAL  DEPART-
 MENT  OF  SOCIAL SERVICES; AN ORGANIZATION LICENSED UNDER ARTICLE FORTY-
 FOUR OF THE PUBLIC HEALTH LAW; OR
   (B) AN ACCOUNTABLE CARE ORGANIZATION CERTIFIED UNDER  ARTICLE  TWENTY-
 NINE-E  OF  THE  PUBLIC  HEALTH  LAW  OR  AN  INTEGRATED DELIVERY SYSTEM
 COMPOSED PRIMARILY OF HEALTH CARE PROVIDERS RECOGNIZED BY THE DEPARTMENT
 S. 5020--A                          4

 AS A PERFORMING PROVIDER SYSTEM UNDER THE DELIVERY SYSTEM REFORM  INCEN-
 TIVE PAYMENT PROGRAM.
   (ii)   Fiscal   intermediary  services  shall  include  the  following
 services, performed on behalf of the consumer to facilitate his  or  her
 role as the employer:
   (A) wage and benefit processing for consumer directed personal assist-
 ants;
   (B) processing all income tax and other required wage withholdings;
   (C)  complying with workers' compensation, disability and unemployment
 requirements;
   (D) maintaining personnel records for each consumer directed  personal
 assistant,  including  time  records  and other documentation needed for
 wages and benefit processing and a copy  of  the  medical  documentation
 required pursuant to regulations established by the commissioner;
   (E) ensuring that the health status of each consumer directed personal
 assistant  is assessed prior to service delivery pursuant to regulations
 issued by the commissioner;
   (F) maintaining records of service authorizations or reauthorizations;
   (G) monitoring the consumer's or, if applicable, the designated repre-
 sentative's continuing ability to fulfill  the  consumer's  responsibil-
 ities under the program and promptly notifying the authorizing entity of
 any  circumstance  that may affect the consumer's or, if applicable, the
 designated representative's ability to fulfill such responsibilities;
   (H) complying with regulations established by the commissioner  speci-
 fying  the  responsibilities of fiscal intermediaries providing services
 under this title; AND
   (I) entering into a department approved  memorandum  of  understanding
 with  the  consumer  that  describes the parties' responsibilities under
 this program[; and
   (J) other related responsibilities which may include, as determined by
 the commissioner, assisting consumers to perform the consumers'  respon-
 sibilities  under  this  section  and department regulations in a manner
 that does not infringe upon the consumer's responsibilities and self-di-
 rection].
   § 3. Paragraphs (b-1), (b-2) and (b-3) of subdivision 4-a  of  section
 365-f of the social services law are REPEALED.
   §  4.  Subdivision 4-b of section 365-f of the social services law, as
 amended by section 8 of part G of chapter 57 of the  laws  of  2019,  is
 amended to read as follows:
   4-b. Actions involving the authorization of a fiscal intermediary.
   (a)  [The  department  may  terminate a fiscal intermediary's contract
 under this section or suspend or limit the fiscal intermediary's  rights
 and privileges under the contract] A FISCAL INTERMEDIARY'S AUTHORIZATION
 MAY BE REVOKED, SUSPENDED, LIMITED OR ANNULLED upon thirty [day's] DAYS'
 written  notice  to  the  fiscal intermediary, if the commissioner finds
 that the fiscal intermediary has failed to comply with the provisions of
 this section or regulations promulgated hereunder.  The  written  notice
 shall include:
   (i)  A  description of the conduct and the issues related thereto that
 have been identified as failure of compliance; and
   (ii) the time frame of the conduct that fails compliance.
   (b) Notwithstanding the foregoing, upon determining  that  the  public
 health  or safety would be imminently endangered by the continued opera-
 tion or actions of the fiscal intermediary, the commissioner may [termi-
 nate]  REVOKE,  SUSPEND,  LIMIT  OR  ANNUL  the  fiscal   intermediary's
 [contract or suspend or limit the fiscal intermediary's rights and priv-
 S. 5020--A                          5

 ileges  under  the  contract]  AUTHORIZATION  immediately  upon  written
 notice.
   (c)  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.
   §  5.  Paragraph (c) of subdivision 4-d of section 365-f of the social
 services law, as added by section 7 of part G of chapter 57 of the  laws
 of 2019, is amended to read as follows:
   (c)  Where  a  fiscal  intermediary is suspending or ceasing operation
 pursuant to an order under subdivision four-b of this section,  [or  has
 failed  to submit an offer for a contract, or has been denied a contract
 under this section,] all the provisions of this subdivision shall  apply
 except  subparagraph (i) of paragraph (a) of this subdivision, notice of
 which to all parties shall be provided by the department as appropriate.
   § 6. Paragraph (d) of subdivision 4-d of section 365-f of  the  social
 services law is REPEALED.
   §  7.  This  act  shall take effect immediately and shall be deemed to
 have been in full force and effect on and after April 1, 2023.

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Senate Bill S5020A

Sponsored By

Current Bill Status - In Senate Committee Health Committee

Bill Amendments

co-Sponsors

2023-S5020 - Details

2023-S5020 - Summary

2023-S5020 - Sponsor Memo

2023-S5020 - Bill Text download pdf

co-Sponsors

2023-S5020A (ACTIVE) - Details

2023-S5020A (ACTIVE) - Summary

2023-S5020A (ACTIVE) - Sponsor Memo

2023-S5020A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S5020A

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Sponsored By

Current Bill Status - In Senate Committee Health Committee

Bill Amendments

co-Sponsors

2023-S5020 - Details

2023-S5020 - Summary

2023-S5020 - Sponsor Memo

2023-S5020 - Bill Text download pdf

co-Sponsors

2023-S5020A (ACTIVE) - Details

2023-S5020A (ACTIVE) - Summary

2023-S5020A (ACTIVE) - Sponsor Memo

2023-S5020A (ACTIVE) - Bill Text download pdf

Comments