Bill Text: NY S03960 | 2019-2020 | General Assembly | Introduced


Bill Title: Provides that increased rates of payment for behavioral health services shall be deemed to be effective on the date of the law, rule or regulation under which the change or increase is required.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2019-02-21 - REFERRED TO HEALTH [S03960 Detail]

Download: New_York-2019-S03960-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          3960
                               2019-2020 Regular Sessions
                    IN SENATE
                                    February 21, 2019
                                       ___________
        Introduced  by  Sen.  RIVERA -- read twice and ordered printed, and when
          printed to be committed to the Committee on Health
        AN ACT to amend the social services law and the public  health  law,  in
          relation to payments for behavioral health services
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Subdivision 18 of section 364-j of the social services  law
     2  is amended by adding a new paragraph (e) to read as follows:
     3    (e)  Increased  rates, terms or scope of payment for behavioral health
     4  services under this title, where payment  is  made  by  a  managed  care
     5  provider  under  this  section, as a result of a rate, coverage or other
     6  change made pursuant to a law, regulation, rule  or  official  guidance,
     7  shall  be  deemed in effect on the same date that such change would have
     8  taken effect if payment were made other than by the managed care provid-
     9  er. Where payment is not made as of the effective date, the managed care
    10  provider shall make retroactive  payments  to  the  appropriate  service
    11  providers.
    12    §  2.  Subdivision  7  of  section  4403-f of the public health law is
    13  amended by adding a new paragraph (k) to read as follows:
    14    (k) Increased rates, terms or scope of payment for  behavioral  health
    15  services  under  this  section, where payment is made by an entity under
    16  this section, as a result of a  rate,  coverage  or  other  change  made
    17  pursuant  to  a  law,  regulation,  rule  or official guidance, shall be
    18  deemed in effect on the same date that  such  change  would  have  taken
    19  effect  if  payment were made other than by the entity. Where payment is
    20  not made as of the effective date, the  entity  shall  make  retroactive
    21  payments to the appropriate service providers.
    22    §  3.  This act shall take effect immediately; provided, however, that
    23  the amendments to section 364-j of the social services law  and  section
    24  4403-f  of  the  public  health law made by sections one and two of this
    25  act, respectively, shall not affect the  repeal  of  such  sections  and
    26  shall be deemed repealed therewith.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02696-01-9
feedback