Bill Text: NY A09742 | 2023-2024 | General Assembly | Introduced

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Bill Title: Directs the state comptroller to conduct an audit of the department of health and other agencies to ensure that the agency meets its responsibilities to review and assess Medicaid managed care organizations for compliance with federal and state requirements to maintain adequate health care providers within network, and to meet mental health and substance use disorder parity requirements.

Spectrum: Partisan Bill (Republican 4-0)

Status: (Introduced) 2024-04-03 - referred to governmental operations [A09742 Detail]

Download: New_York-2023-A09742-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          9742

                   IN ASSEMBLY

                                      April 3, 2024
                                       ___________

        Introduced  by  M. of A. K. BROWN, CHANG, CURRAN, DeSTEFANO -- read once
          and referred to the Committee on Governmental Operations

        AN ACT to amend the executive law, in relation to  directing  the  state
          comptroller  to conduct an audit of the department of health and other
          agencies to ensure that  the  agency  meets  its  responsibilities  to
          review  and  assess Medicaid managed care organizations for compliance
          with federal and state requirements to maintain adequate  health  care
          providers  within network, and to meet mental health and substance use
          disorder parity requirements

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  The executive law is amended by adding a new section 41-b
     2  to read as follows:
     3    § 41-b. Audits of agencies by the comptroller.  1. At least once every
     4  three years, the state comptroller shall conduct an audit of the depart-
     5  ment of health, and any other  department,  bureau,  board,  commission,
     6  authority  or  any  other  agency or instrumentality of the state deemed
     7  necessary by the state comptroller, for  the  purpose  of  ensuring  the
     8  state  meets its responsibility to review and assess managed care organ-
     9  izations, including  health  management  organizations,  prepaid  health
    10  services plans, and HIV special need plans that provide health insurance
    11  coverage  through  the  New  York state Medicaid program, for compliance
    12  with federal and state mental health and substance use  disorder  parity
    13  requirements.
    14    2.  (a)  Upon  completion  of  such audit, the state comptroller shall
    15  publish a report that details the results of such audit  including,  but
    16  not  limited to, a determination of the state's effectiveness in measur-
    17  ing and evaluating Medicaid managed care  organizations  for  compliance
    18  with  statutory  and  regulatory requirements pursuant to article forty-
    19  four of the public health law. Such requirements to  be  considered  and
    20  evaluated shall include annual reports of complaints of fraud and abuse,
    21  as  well  as  a  plan  to remedy such deficiencies submitted by Medicaid
    22  managed care organizations,  managed  care  organization  compliance  in
    23  maintaining  a  network  of  health  care providers adequate to meet the

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14866-01-4
        A. 9742                             2

     1  needs of plan enrollees, and  adherence  to  federal  and  state  mental
     2  health  and  substance  use disorder parity requirements by managed care
     3  organizations. The state comptroller shall also determine if each  Medi-
     4  caid  managed  care  organization  is  compliant  with federal and state
     5  requirements and provide thorough explanations detailing the reason,  or
     6  reasons  for each Medicaid managed care organization compliance determi-
     7  nation.
     8    (b) The state comptroller shall provide such report to  the  governor,
     9  the attorney general, the temporary president of the senate, the speaker
    10  of  the assembly, the minority leader of the senate, the minority leader
    11  of the assembly, the chair and the ranking member of the senate  commit-
    12  tee on alcoholism and substance use disorders, the chair and the ranking
    13  member  of  the  assembly  committee  on  alcoholism and drug abuse, the
    14  chairs and the ranking members of the senate and the assembly committees
    15  on health, and the chairs and the ranking members of the senate and  the
    16  assembly committees on mental health no later than the first day of July
    17  of  the  year immediately succeeding the effective date of this section.
    18  Subsequent reports detailing results and  determinations  of  the  comp-
    19  troller shall be completed and published at least once every three years
    20  following  publication  of  the first such report on or before the first
    21  day of July.
    22    § 2. This act shall take effect immediately.