Bill Text: NY A06221 | 2023-2024 | General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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
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
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. LBD10489-01-3A. 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.