Bill Text: NY S00257 | 2017-2018 | General Assembly | Amended
Bill Title: Directs the department of health to study and develop suitable measures to prevent financial hardship and/or failure of providers serving individuals with developmental disabilities funded by Medicaid to support the uninterrupted continuation of necessary services.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Engrossed - Dead) 2018-01-24 - PRINT NUMBER 257A [S00257 Detail]
Download: New_York-2017-S00257-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 257--A 2017-2018 Regular Sessions IN SENATE (Prefiled) January 4, 2017 ___________ Introduced by Sens. ORTT, ROBACH, YOUNG -- read twice and ordered print- ed, and when printed to be committed to the Committee on Health -- recommitted to the Committee on Health in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT directing the office for people with developmental disabilities to study and develop suitable measures to prevent financial hardship and/or failure of providers serving individuals with developmental disabilities funded by Medicaid to support the uninterrupted continua- tion of necessary services The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The commissioner of the office for people with develop- 2 mental disabilities in conjunction with the commissioner of health, 3 shall jointly prepare a report which shall include the following: 4 a. Recommendations for holding harmless from further rate reductions 5 those efficient providers within a region that operate beneath the 6 regional average rate. Severity of disability shall be taken into 7 consideration for purposes of comparing efficient providers. 8 b. A methodology for adjusting rates so that total prospective 9 reimbursement received by a provider for a program must equal the total 10 costs of that program which shall include all necessary cost components 11 for operating the program. The report shall examine the extent to which 12 units used in rate calculations are reflective of the actual units 13 delivered to ensure that providers are not penalized for lost revenue 14 due to unforeseeable program closures, absenteeism and policies designed 15 to curtail program enrollment. 16 c. Recommendations for a prospective rate appeal process designed to 17 increase rates as necessary during a non-rebasing year to cover costs. 18 Any recommended appeal process shall ensure that providers who prevail EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD03798-02-8S. 257--A 2 1 on such appeal receive additional reimbursement as of the date the 2 appeal was submitted. 3 d. Recommendations to enhance program stability and the quality of 4 care including but not limited to lengthening the period between base 5 year updates and alternating base years by program. 6 e. Identification of those elements of the plan that must be approved 7 by the Centers for Medicare and Medicaid Services and a plan for achiev- 8 ing such approval. 9 § 2. The commissioner of the office for people with developmental 10 disabilities shall submit a report detailing the issues set forth in 11 this act and recommendations to the temporary president of the senate, 12 the speaker of the assembly, the chairs of the senate committee on 13 mental health and developmental disabilities and the assembly committee 14 on mental health no later than February 1, 2019. 15 § 3. This act shall take effect immediately.
