S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         8447
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                    October 9, 2015
                                      ___________
       Introduced  by M. of A. ORTIZ -- read once and referred to the Committee
         on Health
       AN ACT to amend the mental hygiene law, in relation to the provision  of
         care  and services to persons with developmental or physical disabili-
         ties and to directing the commissioner of  developmental  disabilities
         to conduct a demonstration program to identify ways to more efficient-
         ly provide such care
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The mental hygiene law is amended by adding a  new  section
    2  13.42 to read as follows:
    3  S 13.42 MEDICAID REIMBURSEMENT; DEMONSTRATION PROGRAM.
    4    (A)  NOTWITHSTANDING  ANY  OTHER PROVISION OF LAW OR REGULATION TO THE
    5  CONTRARY, ANY QUALIFIED PROVIDER SHALL BE AUTHORIZED TO PROVIDE CARE AND
    6  SERVICES, AND TO  RECEIVE  MEDICAID  REIMBURSEMENT  FOR  SUCH  CARE  AND
    7  SERVICES,  TO  PERSONS  WITH  DEVELOPMENTAL  OR  PHYSICAL  DISABILITIES,
    8  INCLUDING:
    9    (1) PERSONS WITH DEVELOPMENTAL OR PHYSICAL  DISABILITIES  WHO  RECEIVE
   10  HOME  AND  COMMUNITY-BASED  SERVICES  OR  CARE-AT-HOME  SERVICES THROUGH
   11  EXISTING WAIVERS UNDER SECTION 1915(C) OF THE  FEDERAL  SOCIAL  SECURITY
   12  ACT OR WHO HAVE CHARACTERISTICS AND NEEDS SIMILAR TO SUCH PERSONS; AND
   13    (2) PERSONS RECEIVING SERVICES PROVIDED BY AN INTERMEDIATE CARE FACIL-
   14  ITY  FOR  THE  DEVELOPMENTALLY  DISABLED OR WHO HAVE CHARACTERISTICS AND
   15  NEEDS SIMILAR TO SUCH PERSONS; PROVIDED SUCH QUALIFIED PROVIDER  APPLIES
   16  FOR  AND  OBTAINS  THE  REQUISITE  CERTIFICATION  AND  APPROVAL FROM THE
   17  COMMISSIONER TO PROVIDE SUCH CARE AND SERVICES.
   18    (B) THE COMMISSIONER SHALL CONDUCT A DEMONSTRATION PROGRAM WITH ONE OR
   19  MORE QUALIFIED FOR-PROFIT PROVIDERS THAT PROVIDE CARE  AND  SERVICES  TO
   20  PERSONS WITH DEVELOPMENTAL OR PHYSICAL DISABILITIES IN ORDER TO IDENTIFY
   21  WAYS TO MORE EFFECTIVELY, EFFICIENTLY AND ECONOMICALLY PROVIDE SUCH CARE
   22  AND  SERVICES  TO  PERSONS  WITH DEVELOPMENTAL OR PHYSICAL DISABILITIES;
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03497-01-5
       A. 8447                             2
    1  PROVIDED SUCH QUALIFIED PROVIDER APPLIES FOR AND OBTAINS  THE  REQUISITE
    2  CERTIFICATION  AND  APPROVAL  FROM THE COMMISSIONER TO PROVIDE SUCH CARE
    3  AND SERVICES. THE COMMISSIONER SHALL SELECT A PROVIDER OR PROVIDERS WITH
    4  DEMONSTRATED EXPERIENCE AND EXPERTISE IN:
    5    (1) PROVIDING SUCH CARE AND SERVICES; AND
    6    (2)  PARTNERING  WITH  STATES TO IMPROVE THE DELIVERY OF SUCH CARE AND
    7  SERVICES.
    8    THE COMMISSIONER MAY, IN THE COMMISSIONER'S DISCRETION,  CONDUCT  SUCH
    9  DEMONSTRATION  PROGRAM  AS PART OF A PILOT PROGRAM IN ACCORDANCE WITH AN
   10  APPLICATION MADE UNDER SECTION 1115  OR  SECTION  1915  OF  THE  FEDERAL
   11  SOCIAL  SECURITY  ACT.  THE  COMMISSIONER  SHALL  ANNUALLY REPORT TO THE
   12  GOVERNOR AND LEGISLATURE ON THE OPERATION OF THE  DEMONSTRATION  PROGRAM
   13  AND  ITS  EFFECTIVENESS  IN  IDENTIFYING WAYS TO MORE EFFECTIVELY, EFFI-
   14  CIENTLY AND ECONOMICALLY PROVIDE  CARE  AND  SERVICES  TO  PERSONS  WITH
   15  DEVELOPMENTAL OR PHYSICAL DISABILITIES.
   16    S 2. This act shall take effect immediately.