Bill Text: NY A06221 | 2023-2024 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-01-03 - referred to ways and means [A06221 Detail]

Download: New_York-2023-A06221-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          6221

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                      April 3, 2023
                                       ___________

        Introduced by M. of A. PAULIN -- read once and referred 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:

     1    Section 1. Paragraph d of subdivision 6-a of section 366 of the social
     2  services  law, as amended by chapter 627 of the laws of 2004, is amended
     3  to read as follows:
     4    d. (i) The commissioner of health shall contract  with  not-for-profit
     5  agencies  around the state that have experience with providing community
     6  based services to individuals with disabilities, hereinafter referred to
     7  as regional resource development specialists, who shall  be  responsible
     8  for  initial contact with the prospective waiver participant, for assur-
     9  ing the waiver candidates have choice in selecting a service coordinator
    10  and other providers, and for assessing  applicants  including  decisions
    11  for  eligibility  for  participation  in  the  waiver, which contain the
    12  original  service  plan  and  all  subsequent  revised  service   plans.
    13  Regional  resource  development  specialists  shall  be  responsible for
    14  approving service plans and the department of health shall provide tech-
    15  nical assistance and oversight.
    16    (ii) Prior to taking any step to implement the requirements of subpar-
    17  agraph (vi) of paragraph (1) of subsection (c)  of  section  441.301  or
    18  subparagraph  (vi) of paragraph (1) of subsection (c) of section 431.301
    19  of title 42 of the code of federal regulations as such provisions relate
    20  to the nursing home transition and diversion waiver  program  authorized
    21  under  section  1915(c)  of the federal social security act, the commis-
    22  sioner of the department of health shall:

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10489-01-3
        A. 6221                             2

     1    (1) Survey all participating  waiver  providers,  including  voluntary
     2  providers, to identify levels of preparedness to implement such require-
     3  ments; and
     4    (2) Report by January first, two thousand twenty-four, to the governor
     5  and  the  chairs  of the assembly and senate committees on health on the
     6  ability of the provider system to continue to meet the  requirements  of
     7  this paragraph related to consumer choice for service coordination.
     8    (iii)  All  final  plans for the transition and conversion of services
     9  related to federal conflict of interest activities  shall  be  suspended
    10  pending  the review and approval of the recommendations contained within
    11  the report required under clause two of subparagraph (ii) of this  para-
    12  graph.
    13    §  2. Section 2743 of the public health law is amended by adding a new
    14  subdivision 4 to read as follows:
    15    4. (a) Prior to taking any  step  to  implement  the  requirements  of
    16  subparagraph  (vi) of paragraph (1) of subsection (c) of section 441.301
    17  or subparagraph (vi) of paragraph  (1)  of  subsection  (c)  of  section
    18  431.301  of  title  42  of  the  code  of  federal  regulations  as such
    19  provisions relate to the traumatic brain injury waiver  program  author-
    20  ized  under  section  1915(c)  of  the  federal social security act, the
    21  commissioner shall:
    22    (i) Survey all participating  waiver  providers,  including  voluntary
    23  providers, to identify levels of preparedness to implement such require-
    24  ments; and
    25    (ii)  Report by January first, two thousand twenty-four, to the gover-
    26  nor and the chairs of the assembly and senate committees  on  health  on
    27  the ability of the provider system to continue to ensure consumer choice
    28  for service coordination.
    29    (b)  All  final  plans  for  the transition and conversion of services
    30  related to federal conflict of interest activities  shall  be  suspended
    31  pending  the review and approval of the recommendations contained within
    32  the report required under subparagraph (ii) of  paragraph  (a)  of  this
    33  subdivision.
    34    § 3. This act shall take effect immediately.