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

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-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         6221--A

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                      April 3, 2023
                                       ___________

        Introduced by M. of A. PAULIN -- read once and referred 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 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 of
    18  title 42 of the code of federal regulations as such provisions relate to
    19  the nursing home transition  and  diversion  waiver  program  authorized
    20  under  section  1915(c)  of the federal social security act, the commis-
    21  sioner of the department of health shall:

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10489-02-3
        A. 6221--A                          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  of title 42 of the code of federal regulations as such provisions relate
    18  to the traumatic brain injury waiver program  authorized  under  section
    19  1915(c) of the federal social security act, the commissioner shall:
    20    (i)  Survey  all  participating  waiver providers, including voluntary
    21  providers, to identify levels of preparedness to implement such require-
    22  ments; and
    23    (ii) Report by January first, two thousand twenty-four, to the  gover-
    24  nor  and  the  chairs of the assembly and senate committees on health on
    25  the ability of the provider system to continue to ensure consumer choice
    26  for service coordination.
    27    (b) All final plans for the  transition  and  conversion  of  services
    28  related  to  federal  conflict of interest activities shall be suspended
    29  pending the review and approval of the recommendations contained  within
    30  the  report  required  under  subparagraph (ii) of paragraph (a) of this
    31  subdivision.
    32    § 3. This act shall take effect immediately.