Amd §365-f, rpld §365-f sub 4-a ¶¶(b-2) & (b-3), Soc Serv L
Relates to the process for the selection of fiscal intermediary services contractors for the consumer directed personal assistance program; repeals provisions relating to certain surveys and to the award of contracts; provides for the repeal of such provisions upon the expiration thereof.
STATE OF NEW YORK
________________________________________________________________________
9457
IN ASSEMBLY
March 7, 2022
___________
Introduced by M. of A. EICHENSTEIN -- read once and referred to the
Committee on Health
AN ACT to amend the social services law, in relation to the process for
the selection of fiscal intermediary services contractors for the
consumer directed personal assistance program; to repeal paragraphs
(b-2) and (b-3) of subdivision 4-a of section 365-f of the social
services law relating to certain surveys and to the award of
contracts; and providing for the repeal of certain provisions upon the
expiration thereof
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 added by section 2 of part LL of chapter 57 of
3 the laws of 2021, is amended to read as follows:
4 (b-1) Following the initial selection of contractors pursuant to this
5 subdivision the commissioner is instructed to [survey for information
6 relating to the additional selection criteria under this paragraph and
7 paragraph (b-2) of this subdivision, in writing in a manner determined
8 by the commissioner, from] enter into a contract with all applicants
9 that were qualified by the commissioner as meeting minimum requirements
10 of the procurement process described in paragraph (b) of this subdivi-
11 sion including those that were not awarded contracts under that process,
12 provided that:
13 (i) [whether the applicant is formed as a charitable corporation under
14 article two of the not-for-profit corporation law or authorized as a
15 foreign corporation under article thirteen of the not-for-profit corpo-
16 ration law;
17 (ii) was the applicant performing administrative services as a fiscal
18 intermediary prior to January first, two thousand twelve and has it
19 continuously provided such services for eligible individuals pursuant to
20 this section since that date;
21 (iii) the address the applicant listed as its primary mailing address
22 on its most recently filed state corporate tax return or its Federal
23 Return of Organization Exempt From Income Tax form (form 990);
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14909-01-2
A. 9457 2
1 (iv) whether the applicant is currently authorized, funded, approved
2 or certified to deliver state plan or home and community-based waiver
3 supports and services to individuals with intellectual and developmental
4 disabilities by the office for people with developmental disabilities;
5 (v) whether the applicant has historically provided fiscal interme-
6 diary administrative services to racial and ethnic minority residents or
7 new Americans, as defined in section ninety-four-b of the executive law,
8 in such consumers' primary language, as evidenced by information and
9 materials provided to consumers in the consumers' primary language or
10 languages; and
11 (vi) whether the applicant is verified as a minority or woman-owned
12 business enterprise pursuant to section three hundred fourteen of the
13 executive law] the applicant was performing administrative services as a
14 fiscal intermediary in a city with a population of more than one million
15 and was serving two hundred or more consumers as of March thirty-first,
16 two thousand twenty; or
17 (ii) the applicant was performing administrative services as a fiscal
18 intermediary in another area of the state and was serving fifty or more
19 consumers as of March thirty-first, two thousand twenty.
20 § 2. Paragraphs (b-2) and (b-3) of subdivision 4-a of section 365-f of
21 the social services law are REPEALED.
22 § 3. This act shall take effect immediately; provided, however, that
23 the amendments to paragraph (b-1) of subdivision 4-a of section 365-f of
24 the social services law made by section one of this act shall expire and
25 be deemed repealed 5 years after such effective date.
