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A06221 Summary:

BILL NOA06221B
 
SAME ASSAME AS S06960-A
 
SPONSORPaulin
 
COSPNSR
 
MLTSPNSR
 
Amd §366, Soc Serv L; amd §2743, Pub Health L
 
Ensures that the state implements federal conflict of interest requirements in a manner that ensures limited disruption of services to persons enrolled in certain Medicaid traumatic brain injury and nursing home transition and diversion waiver programs.
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A06221 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A6221B
 
SPONSOR: Paulin
  TITLE OF BILL: An act to amend the social services law and the public health law, in relation to ensuring that the state implements certain federal conflict of interest requirements in a manner that ensures limited disruption of certain services   PURPOSE: This legislation amends the provisions of the social services and public health law to ensure that the Department of Health assess and report .on, the readiness and ability for TBI and NHTD Waiver providers to both maintain their level of services and comply with federal conflict of interest rules prior to the implementation of the provisions.   SUMMARY OF SPECIFIC PROVISIONS: Section one of the legislation would amend paragraph, d of subsection 6-a of section 366 of the social services law to add language to ensure that prior to the implementation of COI provisions as they relate to the NHTD Waiver program, the Department of Health take two steps.: (1) survey all participating waiver provider, including voluntary providers, to identify levels of preparedness to implement such requirements; and ,(2) report by July 1, 2024 to the governor and the chairs of the assem- bly and senate committees on the ability of the provider system to continue to meet the requirements of this paragraph related to consumer choice for service coordination. While these steps final plans for the transition and conversion of services related to federal conflict of interest activities will be suspended pending the review and approval of the recommendations contained within the report. Section two of the legislation would amend Section 2743 of the public health law by adding a new subsection 4 that would impose the same requirements of the TBI waiver program. Section three of the legislation sets the effective date.   JUSTIFICATION: While the State had developed plans to apply federal conflict of inter- est requirements to the 1915(c) Medicaid TBI and NHTD Waiver programs, two intervening issues have arisen which could compromise the stability of.the waivers and the populations they support. First, the State and the Waivers have been operating in the context of a public health emer- gency (PHE), which is coming to an end. The unwinding of the PHE is a complicated process even without the overlay of implementing the signif- icant changes required by the COI rules. Second, the Waiver providers - like other health care employers - have been devastated by workforce shortages. There remain significant questions as to how the Waivers can continue to operate and serve their populations with these changes, which will cause additional significant disruption to the Waiver work- force. Pausing implementation efforts while the state, assesses the ability of the waiver providers to implement the changes without disrupting services will inform state policymakers about what changes may be needed to the program to mitigate any disruptive impact.   LEGISLATIVE HISTORY: New legislation for 2023-2024 session   FISCAL IMPLICATIONS: No negative fiscal implications.   EFFECTIVE D201ATE : This act shall take effect immediately.
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A06221 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         6221--B
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                      April 3, 2023
                                       ___________
 
        Introduced by M. of A. PAULIN -- read once and referred to the Committee
          on  Health -- committee discharged, bill amended, ordered reprinted as
          amended and recommitted to said committee -- reported and referred  to
          the Committee on Ways and Means -- committee discharged, bill amended,
          ordered reprinted as amended and recommitted to said committee

        AN  ACT  to  amend the social services law and the public health law, in
          relation  to  ensuring  that  the  state  implements  certain  federal
          conflict  of  interest  requirements  in a manner that ensures limited
          disruption of certain services
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section 1. Paragraph d of subdivision 6-a of section 366 of the social
     2  services  law, as amended by chapter 627 of the laws of 2004, is amended
     3  to read as follows:
     4    d. (i) The commissioner of health shall contract  with  not-for-profit
     5  agencies  around the state that have experience with providing community
     6  based services to individuals with disabilities, hereinafter referred to
     7  as regional resource development specialists, who shall  be  responsible
     8  for  initial contact with the prospective waiver participant, for assur-
     9  ing the waiver candidates have choice in selecting a service coordinator
    10  and other providers, and for assessing  applicants  including  decisions
    11  for  eligibility  for  participation  in  the  waiver, which contain the
    12  original  service  plan  and  all  subsequent  revised  service   plans.
    13  Regional  resource  development  specialists  shall  be  responsible for
    14  approving service plans and the department of health shall provide tech-
    15  nical assistance and oversight.
    16    (ii) Prior to taking any step to implement the requirements of subpar-
    17  agraph (vi) of paragraph (1) of subsection (c)  of  section  441.301  of
    18  title 42 of the code of federal regulations as such provisions relate to
    19  the  nursing  home  transition  and  diversion waiver program authorized

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10489-04-3

        A. 6221--B                          2
 
     1  under section 1915(c) of the federal social security  act,  the  commis-
     2  sioner of the department of health shall:
     3    (1)  Survey  all  participating  waiver providers, including voluntary
     4  providers, to identify levels of preparedness to implement such require-
     5  ments; and
     6    (2) Report by July first, two thousand twenty-four,  to  the  governor
     7  and  the  chairs  of the assembly and senate committees on health on the
     8  ability of the provider system to continue to meet the  requirements  of
     9  this paragraph related to consumer choice for service coordination.
    10    (iii)  All  final  plans for the transition and conversion of services
    11  related to federal conflict of interest activities  shall  be  suspended
    12  pending  the review and approval of the recommendations contained within
    13  the report required under clause two of subparagraph (ii) of this  para-
    14  graph.
    15    §  2. Section 2743 of the public health law is amended by adding a new
    16  subdivision 4 to read as follows:
    17    4. (a) Prior to taking any  step  to  implement  the  requirements  of
    18  subparagraph  (vi) of paragraph (1) of subsection (c) of section 441.301
    19  of title 42 of the code of federal regulations as such provisions relate
    20  to the traumatic brain injury waiver program  authorized  under  section
    21  1915(c) of the federal social security act, the commissioner shall:
    22    (i)  Survey  all  participating  waiver providers, including voluntary
    23  providers, to identify levels of preparedness to implement such require-
    24  ments; and
    25    (ii) Report by July first, two thousand twenty-four, to  the  governor
    26  and  the  chairs  of the assembly and senate committees on health on the
    27  ability of the provider system to continue to ensure consumer choice for
    28  service coordination.
    29    (b) All final plans for the  transition  and  conversion  of  services
    30  related  to  federal  conflict of interest activities shall be suspended
    31  pending the review and approval of the recommendations contained  within
    32  the  report  required  under  subparagraph (ii) of paragraph (a) of this
    33  subdivision.
    34    § 3. This act shall take effect immediately.
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