STATE OF NEW YORK
        ________________________________________________________________________

                                          10184

                   IN ASSEMBLY

                                     March 24, 2020
                                       ___________

        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  including
          accountable care organizations within the definition of a managed care
          provider

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

     1    Section 1. Paragraph (b) of subdivision 1  of  section  364-j  of  the
     2  social  services  law,  as  amended  by chapter 649 of the laws of 1996,
     3  subparagraph (i) as  amended  by  section  35-a,  subparagraph  (ii)  as
     4  amended and subparagraph (iii) as added by section 77 of part A of chap-
     5  ter 56 of the laws of 2013, is amended to read as follows:
     6    (b)  "Managed  care provider". An entity that provides or arranges for
     7  the provision of medical assistance services  and  supplies  to  partic-
     8  ipants  directly  or  indirectly (including by referral), including case
     9  management; and:
    10    (i) is authorized to operate under article forty-four  of  the  public
    11  health  law  or article forty-three of the insurance law and provides or
    12  arranges, directly or indirectly (including  by  referral)  for  covered
    13  comprehensive  health  services  on a full capitation basis, including a
    14  special needs managed care plan or comprehensive HIV special needs plan;
    15  or
    16    (ii) is authorized  as  a  partially  capitated  program  pursuant  to
    17  section  three  hundred sixty-four-f of this title or section forty-four
    18  hundred three-e of the public health law or section 1915b of the  social
    19  security act; or
    20    (iii)  is  authorized  to  operate  under  section  forty-four hundred
    21  three-g of the public health law[.]; or
    22    (iv) is an accountable care organization under  article  twenty-nine-E
    23  of the public health law.
    24    §  2.  Paragraph  (b)  of subdivision 1 of section 364-j of the social
    25  services law, as amended by chapter 649 of the laws  of  1996,  subpara-
    26  graph (i) as amended by section 35-a of part A of chapter 56 of the laws

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15756-01-0

        A. 10184                            2

     1  of  2013,  subparagraph  (ii)  as  amended by chapter 433 of the laws of
     2  1997, is amended to read as follows:
     3    (b)  "Managed  care provider". An entity that provides or arranges for
     4  the provision of medical assistance services  and  supplies  to  partic-
     5  ipants  directly  or  indirectly (including by referral), including case
     6  management; and:
     7    (i) is authorized to operate under article forty-four  of  the  public
     8  health  law  or article forty-three of the insurance law and provides or
     9  arranges, directly or indirectly (including  by  referral)  for  covered
    10  comprehensive  health  services  on a full capitation basis, including a
    11  special needs managed care plan or comprehensive HIV special needs plan;
    12  or
    13    (ii) is authorized  as  a  partially  capitated  program  pursuant  to
    14  section  three  hundred sixty-four-f of this title or section forty-four
    15  hundred three-e of the public health law or section 1915b of the  social
    16  security act[.]; or
    17    (iii)  is an accountable care organization under article twenty-nine-E
    18  of the public health law.
    19    § 3. This act shall take effect one hundred eighty days after it shall
    20  have become a law; provided, that the amendments to  subparagraphs  (ii)
    21  and  (iii)  of paragraph (b) of section 364-j of the social services law
    22  made by section one of this act shall be subject to the  expiration  and
    23  reversion  and  repeal  of  such  subparagraphs  when upon such date the
    24  provisions of section two of this act shall take  effect;  and  provided
    25  further  that the amendments to section 364-j of the social services law
    26  made by this act shall be subject to the expiration and repeal  of  such
    27  section  and  shall  expire  and be deemed repealed therewith. Effective
    28  immediately, the commissioner of health shall make regulations and  take
    29  other actions reasonably necessary to implement this act on that date.