Bill Text: NY S05020 | 2023-2024 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Directs the commissioner of health to provide authorizations to all fiscal intermediaries that timely submit a request for authorization prior to January 1, 2024; details information required for such authorizations; makes related provisions.

Spectrum: Partisan Bill (Democrat 10-0)

Status: (Introduced) 2024-01-03 - REFERRED TO HEALTH [S05020 Detail]

Download: New_York-2023-S05020-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          5020

                               2023-2024 Regular Sessions

                    IN SENATE

                                    February 21, 2023
                                       ___________

        Introduced  by  Sen.  COMRIE -- read twice and ordered printed, and when
          printed to be committed to the Committee on Health

        AN ACT to amend the social services law, in relation to certain authori-
          zations to fiscal intermediaries

          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 4-a of section 365-f of the
     2  social services law, as amended by section 4 of part G of chapter 57  of
     3  the  laws  of 2019, subparagraph (vi) as amended by section 1 of part LL
     4  of chapter 57 of the laws of 2021, is amended to read as follows:
     5    (b) [Notwithstanding any inconsistent provision of section one hundred
     6  sixty-three of the state finance law, or section one  hundred  forty-two
     7  of  the  economic  development  law  the  commissioner  shall enter into
     8  contracts under this subdivision with eligible contractors  that  submit
     9  an offer for a contract, provided, however, that:
    10    (i) the department shall post on its website:
    11    (A)  a description of the proposed services to be provided pursuant to
    12  contracts in accordance with this subdivision;
    13    (B) that the selection of  contractors  shall  be  based  on  criteria
    14  reasonably  related to the contractors' ability to provide fiscal inter-
    15  mediary services including but not limited to: ability to  appropriately
    16  serve  individuals participating in the program, geographic distribution
    17  that would ensure access in rural and  underserved  areas,  demonstrated
    18  cultural and language competencies specific to the population of consum-
    19  ers  and  those  of  the  available workforce, ability to provide timely
    20  consumer assistance, experience serving individuals  with  disabilities,
    21  the  availability  of consumer peer support, and demonstrated compliance
    22  with all applicable federal and state laws  and  regulations,  including
    23  but not limited to those relating to wages and labor;
    24    (C)  the  manner  by  which  prospective  contractors  may  seek  such
    25  selection, which may include submission by electronic means;

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09732-01-3
        S. 5020                             2

     1    (ii) all reasonable and  responsive  offers  that  are  received  from
     2  prospective  contractors  in  timely  fashion  shall  be reviewed by the
     3  commissioner;
     4    (iii)  the  commissioner shall award such contracts to the contractors
     5  that best meet the criteria for selection and are best suited  to  serve
     6  the purposes of this section and the needs of consumers;
     7    (iv)  all entities providing fiscal intermediary services on or before
     8  April first, two thousand nineteen, shall submit an offer for a contract
     9  under this section within sixty days after  the  commissioner  publishes
    10  the  initial  offer  on the department's website. Such entities shall be
    11  deemed authorized to provide such services unless: (A) the entity  fails
    12  to  submit  an  offer for a contract under this section within the sixty
    13  days; or (B) the entity's offer for a contract  under  this  section  is
    14  denied;
    15    (v) all decisions made and approaches taken pursuant to this paragraph
    16  shall  be  documented  in a procurement record as defined in section one
    17  hundred sixty-three of the state finance law; and
    18    (vi) the commissioner is authorized to  either  reoffer  contracts  or
    19  utilize  the  previous  offer,  to  ensure  that  all provisions of this
    20  section are met.] The commissioner shall  provide  authorizations  under
    21  this  subdivision  to  all  fiscal  intermediaries  that timely submit a
    22  request for authorization prior to January first, two  thousand  twenty-
    23  four,  and  meet  the  requirements  of  this section.   No entity shall
    24  provide, directly or  through  contract,  fiscal  intermediary  services
    25  without having received an authorization as a fiscal intermediary issued
    26  by  the  commissioner in accordance with this subdivision, or that has a
    27  pending auithorization timely submitted  and  currently  in  processing,
    28  review, appeal, or legal challenge.
    29    (i) An application for authorization as a fiscal intermediary shall be
    30  filed with the commissioner, together with such other forms and informa-
    31  tion as shall be prescribed by, or acceptable to the commissioner.  Such
    32  information shall consist of the following:
    33    (A)  the  name  and  employer  identification  number,  of the entity,
    34  including any subsidiary corporations, if  applicable,  and    any  name
    35  under which the entity does business;
    36    (B) all addresses at which the organization operates;
    37    (C)  the  names,  titles  and  contact information of all officers and
    38  directors in a not-for-profit company or  business,  or  managers  in  a
    39  limited liability company, as well as the name and employment history of
    40  the individual ultimately accountable for operation of the fiscal inter-
    41  mediary;  and  for a not-for-profit entity, the number of director posi-
    42  tions set by the company's by-laws, and how many are currently filled;
    43    (D) a history of the organization,  along  with  an  overview  of  the
    44  organization  and  all  services  it offers, including any relationships
    45  with outside agencies that may influence in any way the ability  of  the
    46  organization to provide fiscal intermediary services consistent with the
    47  manner described in its application;
    48    (E)  all policies and procedures of the fiscal intermediary, including
    49  any contracts or other documents used in communications with consumers;
    50    (F) plans to solicit and consider input from the fiscal intermediary's
    51  consumers, staff, personal assistants and other interested parties which
    52  may be charged with roles including, but not limited to, quality  assur-
    53  ance review, referral, program monitoring or development or establishing
    54  and  responding  to  community needs; such input may be in the form of a
    55  board of directors, committee, survey, or other mechanism, provided that
        S. 5020                             3

     1  the majority of input obtained as part of  this  process  must  be  from
     2  individual consumers and consumer advocates of the fiscal intermediary;
     3    (G)  the  organization's  plan  to  address the needs of consumers and
     4  their personal assistants in a timely manner, regardless of  where  they
     5  live,  including,  but  not  limited to, input from consumers, obtaining
     6  physicals and other health information from personal assistants, obtain-
     7  ing time records for payroll, and timely processing of payroll; and
     8    (H) a written sworn statement by an officer of the  entity  disclosing
     9  any  pending litigation, unsatisfied judgments or penalties, convictions
    10  for fraud or sanctions imposed by government authorities.
    11    (ii) The entity shall reasonably promptly notify the department of any
    12  change in the information submitted to the department for  authorization
    13  under this subdivision.
    14    (iii)  The commissioner shall not withhold approval of any application
    15  for authorization that demonstrates the fiscal intermediary's ability to
    16  provide fiscal intermediary services,  in  accordance  with  the  manner
    17  required  by  this  subdivision and the rules and regulations hereunder.
    18  All such applications shall be approved by the commissioner.
    19    (iv) If the commissioner denies an application for  authorization,  he
    20  or  she  shall  include a narrative explanation of the reason or reasons
    21  for its denial and provide the fiscal intermediary with  sixty  days  to
    22  submit additional information for reconsideration by the commissioner.
    23    (v) The commissioner shall consider and evaluate any response received
    24  by  the fiscal intermediary before reaching a final determination, which
    25  likewise shall be accompanied by a narrative explanation, if the  appli-
    26  cation is still denied.
    27    (vi)  All  orders  or  determinations  under this subdivision shall be
    28  subject to review as provided in  article  seventy-eight  of  the  civil
    29  practice law and rules.
    30    §  2.  This  act  shall take effect immediately and shall be deemed to
    31  have been in full force and effect on and after April 1, 2023.