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.