Bill Text: NY S05851 | 2023-2024 | General Assembly | Introduced

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Bill Title: Relates to qualification for certain contracts relating to the consumer directed personal assistance program by applicants who provide fiscal intermediary services.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-01-03 - REFERRED TO HEALTH [S05851 Detail]

Download: New_York-2023-S05851-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          5851

                               2023-2024 Regular Sessions

                    IN SENATE

                                     March 20, 2023
                                       ___________

        Introduced  by  Sen.  WEBB  --  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  qualification
          for  certain  contracts  relating  to  the  consumer directed personal
          assistance program  by  applicants  who  provide  fiscal  intermediary
          services

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

     1    Section 1. Paragraph (b-1) of subdivision 4-a of section 365-f of  the
     2  social services law, as amended by section 3 of part PP of chapter 57 of
     3  the laws of 2022, is amended to read as follows:
     4    (b-1) Following the initial selection of contractors on February elev-
     5  enth,  two  thousand  twenty-one, pursuant to the commissioner's request
     6  for offers #20039 ("RFO")  in  accordance  with  this  subdivision,  the
     7  commissioner  is  instructed to accept the offer to enter into contracts
     8  with all applicants that were not initially selected on  February  elev-
     9  enth,  two  thousand  twenty-one,  but  that [were] are qualified by the
    10  commissioner as meeting minimum requirements of the RFO,  provided  that
    11  such qualified applicants that were not initially selected attest that:
    12    (i)  the  applicant  was providing fiscal intermediary services for at
    13  least two hundred consumers in a city with a population of more than one
    14  million at any time between January first, two thousand twenty and March
    15  thirty-first, two thousand twenty; or
    16    (ii) the applicant was providing fiscal intermediary services  for  at
    17  least  fifty  consumers in another area of the state at any time between
    18  January first, two thousand twenty and March thirty-first, two  thousand
    19  twenty[.]; or
    20    (iii)  for  entities who did not submit an application pursuant to the
    21  RFO, the entity was  providing  fiscal  intermediary  services  under  a
    22  contract  with  a  local  department of social services prior to January
    23  first, two thousand eleven. Such entities shall submit an application to

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10108-03-3
        S. 5851                             2

     1  the commissioner consistent with the requirements of the RFO and  attest
     2  that  they  meet the requirements under subparagraph (i) or (ii) of this
     3  paragraph. Such application shall be deemed accepted by the commissioner
     4  unless  there are factors which would otherwise disqualify the applicant
     5  as part of their application.
     6    § 2. Subparagraph (i) of paragraph (b-2) of subdivision 4-a of section
     7  365-f of the social services law, as added by section 4 of  part  PP  of
     8  chapter 57 of the laws of 2022, is amended to read as follows:
     9    (i)  Any late submission shall disqualify the applicant from receiving
    10  a contract award under paragraph (b-1) of  this  subdivision;  provided,
    11  however,  that a late submission from an applicant that already provides
    12  or has provided fiscal intermediary services under this section pursuant
    13  to clause (A) of subparagraph (i) of paragraph (a) of  this  subdivision
    14  and  meets  the remaining qualifications of the department as defined in
    15  this section shall not be  disqualified  and  such  applicant  shall  be
    16  considered a qualified applicant.
    17    § 3. This act shall take effect immediately.