Bill Text: NY A07651 | 2011-2012 | General Assembly | Introduced


Bill Title: Relates to the membership and expands the duties of the special advisory review panel on Medicaid managed care by including other managed care programs.

Sponsorship: Partisan Bill (Democrat 2)

Status: (Engrossed - Dead) 2012-03-20 - REFERRED TO HEALTH [A07651 Detail]

Download: New_York-2011-A07651-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7651
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                     May 12, 2011
                                      ___________
       Introduced  by  M.  of  A.  GOTTFRIED  --  read once and referred to the
         Committee on Health
       AN ACT to amend the social services law,  in  relation  to  the  special
         advisory review panel on Medicaid managed care
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 364-jj of the social  services  law,  as  added  by
    2  chapter 649 of the laws of 1996, is amended to read as follows:
    3    S 364-jj. Special advisory review panel on Medicaid managed care.
    4    (a)  There  is  hereby  established a special advisory review panel on
    5  Medicaid managed care AND  RELATED  PUBLIC  HEALTH  INSURANCE  PROGRAMS,
    6  INCLUDING  CHILD HEALTH PLUS, FAMILY HEALTH PLUS, MANAGED LONG TERM CARE
    7  PROGRAMS AND RELATED CARE COORDINATION  MODELS,  MANAGED  CARE  PROGRAMS
    8  DIRECTED  AT COORDINATING CARE FOR DUALLY ELIGIBLE MEDICAID AND MEDICARE
    9  ENROLLEES, AND OTHER PUBLIC HEALTH COVERAGE  CARE  MANAGEMENT  PROGRAMS,
   10  INCLUDING  BUT NOT LIMITED TO HEALTH HOMES AND MEDICAL HOMES.  The panel
   11  shall consist of  [nine]  ELEVEN  members  who  shall  be  appointed  as
   12  follows:  [three]  FIVE by the governor, one of which shall serve as the
   13  chair, TWO OF WHICH SHALL BRING EXPERTISE IN ACCESS ISSUES FACING  MEDI-
   14  CAID CONSUMERS WITH DISABILITIES, AND ONE OF WHICH SHALL BRING EXPERTISE
   15  IN  ACCESS ISSUES FACING CHILDREN, AND ONE SHALL BE A MEDICAID BENEFICI-
   16  ARY; two each by the temporary president of the senate and  the  speaker
   17  of  the  assembly; and one each by the minority leader of the senate and
   18  the minority leader of the assembly. [All members shall be appointed  no
   19  later  than September first, nineteen hundred ninety-six.] Members shall
   20  serve without compensation  but  shall  be  reimbursed  for  appropriate
   21  expenses.   The department shall provide technical assistance and access
   22  to data as is required for the  panel  to  effectuate  the  mission  and
   23  purposes established herein.  THE PANEL SHALL BE REQUIRED TO SEEK PUBLIC
   24  COMMENT  ON  MATTERS WITHIN ITS JURISDICTION. PANEL MEETING TIMES, AGEN-
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD11134-02-1
       A. 7651                             2
    1  DAS, AND MINUTES SHALL BE POSTED PUBLICLY ON THE DEPARTMENT'S WEBSITE AT
    2  LEAST ONE WEEK PRIOR TO EACH MEETING.
    3    (b)  The  panel shall MEET NO LESS THAN SIX TIMES PER YEAR, WITH ADDI-
    4  TIONAL SUBCOMMITTEE MEETINGS AS DEEMED NECESSARY TO ADDRESS  SPECIALIZED
    5  ISSUES, IN ORDER TO:
    6    (i)  determine  whether  there  is  sufficient  managed  care provider
    7  participation in the Medicaid managed care program AND RELATED PROGRAMS;
    8    (ii) determine whether managed care providers meet  proper  enrollment
    9  targets  that  permit  as  many  Medicaid recipients as possible to make
   10  their own health plan decisions, thus minimizing the number of automatic
   11  assignments;
   12    (iii) review AND DETERMINE THE APPROPRIATENESS OF the phase-in  sched-
   13  ule,  AND  THE  AVAILABILITY  OF SPECIALTY SERVICES for enrollment[,] of
   14  ADDITIONAL POPULATIONS AND managed care providers under both the  volun-
   15  tary and mandatory programs AND EVALUATE STEPS TAKEN TO ENSURE CONTINUI-
   16  TY OF CARE DURING AND AFTER THE TRANSITION;
   17    (iv)  assess the impact of managed care provider marketing and enroll-
   18  ment  strategies,  [and  the]  INCLUDING  public   education   [campaign
   19  conducted  in  New  York city, on enrollees] CAMPAIGNS, ENROLLEE partic-
   20  ipation in Medicaid managed care plans AND RELATED PROGRAMS;
   21    (v) evaluate the adequacy of managed care provider capacity by review-
   22  ing established capacity measurements and monitoring  actual  access  to
   23  plan practitioners, INCLUDING TIMELY ACCESS TO SPECIALTY CARE FOR PEOPLE
   24  WITH  DISABILITIES  AND  OTHERS  IN  NEED  OF SUCH CARE, WITH PARTICULAR
   25  ATTENTION TO CAPACITY FOR SERVICES PREVIOUSLY  PROVIDED  IN  THE  TRADI-
   26  TIONAL FEE FOR SERVICE ENVIRONMENT;
   27    (vi)  examine  the  [cost]  implications  of [populations excluded and
   28  exempted from Medicaid managed care; and] FEDERAL HEALTH CARE REFORM  ON
   29  THE  MEDICAID MANAGED CARE PROGRAM AND RELATED PROGRAMS, WITH PARTICULAR
   30  ATTENTION TO THE INTEGRATION OF PUBLIC PROGRAM FUNCTIONS WITH SUBSIDIZED
   31  PRODUCTS AVAILABLE IN ANY POTENTIAL STATE  INSURANCE  EXCHANGE  AND  ANY
   32  OTHER SUBSIDIZED PRODUCTS, SUCH AS A BASIC HEALTH PLAN;
   33    (vii)  EVALUATE  TRENDS  IN  SERVICE  DENIALS BY MEDICAID MANAGED CARE
   34  PLANS AND RELATED PROGRAMS, ASSESS EFFECTIVENESS OF GRIEVANCE AND APPEAL
   35  MECHANISMS FOR CONSUMERS;
   36    (VIII) EVALUATE DATA COLLECTION AND REPORTING ON  HEALTH  CARE  ACCESS
   37  AND  QUALITY  BY RACE, ETHNICITY, LANGUAGE, DISABILITY AND OTHER FACTORS
   38  AND THE AVAILABILITY OF SERVICES AND PROGRAMS THAT ADDRESS THE  DISPARI-
   39  TIES IN ACCESS TO CARE AND OUTCOMES OF CARE;
   40    (IX) EVALUATE IMPLEMENTATION OF CONSUMER PROTECTIONS;
   41    (X)  REVIEW WAIVER APPLICATIONS BEFORE ANY DRAFT PROPOSALS ARE SUBMIT-
   42  TED TO THE FEDERAL GOVERNMENT AND AMENDMENTS AND STATE  PLAN  AMENDMENTS
   43  RELATED  TO  TOPICS  AND  PROGRAMS  WITHIN ITS JURISDICTION, AND SOLICIT
   44  PUBLIC INVOLVEMENT IN THE PROPOSALS; AND
   45    (XI) examine other issues as it deems appropriate.
   46    (c) Commencing January  first,  [nineteen  hundred  ninety-seven]  TWO
   47  THOUSAND  TWELVE  and  quarterly  thereafter  the  panel shall [submit a
   48  report regarding the status of Medicaid managed care in  the  state  and
   49  provide recommendations if it] PROVIDE WRITTEN RECOMMENDATIONS AND INPUT
   50  AS IT deems appropriate to the governor, the temporary president and the
   51  minority  leader  of the senate, and the speaker and the minority leader
   52  of the assembly ON MATTERS WITHIN ITS JURISDICTION.
   53    S 2. This act shall take effect immediately.
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