STATE OF NEW YORK
________________________________________________________________________
5962
2021-2022 Regular Sessions
IN SENATE
March 24, 2021
___________
Introduced by Sen. REICHLIN-MELNICK -- 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 fiscal interme-
diary services under the consumer directed personal assistance program
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 4-a of section 365-f of the social services law
2 is amended by adding two new paragraphs (d) and (e) to read as follows:
3 (d) (i) This paragraph applies to a fiscal intermediary that is an
4 eligible entity under paragraph (a) of this subdivision and has provided
5 fiscal intermediary services during the coronavirus emergency declared
6 by the governor, notwithstanding paragraph (b) of this subdivision.
7 (ii) The fiscal intermediary is entitled to continue to provide fiscal
8 intermediary services under the terms applicable on January first, two
9 thousand twenty, and shall be entitled to continue doing so under those
10 terms through April first, two thousand twenty-two.
11 (iii) This paragraph shall not prevent an action taken under, and
12 consistent with, subdivision four-b of this section.
13 (e) (i) The commissioner shall, within sixty days of the effective
14 date of this paragraph, issue a new request for applications for
15 contracts under paragraph (b) of this subdivision. Applicants shall be
16 scored incrementally on the criteria in that paragraph, provided that
17 the process makes sure that, to the maximum extent possible, there are
18 fiscal intermediaries providing services to appropriately serve individ-
19 uals participating in the program, with geographic distribution that
20 ensures access in rural and underserved areas, with demonstrated
21 cultural and language competencies specific to the population of consum-
22 ers and those of the available workforce, with ability to provide timely
23 consumer assistance, with experience serving individuals with disabili-
24 ties, with the availability of consumer peer support, and with demon-
25 strated compliance with all applicable federal and state laws and regu-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10502-01-1
S. 5962 2
1 lations, including but not limited to those relating to wages and labor.
2 Each applicant's incremental scores, and accompanying narrative explana-
3 tion where applicable, shall be provided to the applicant. Applicants
4 shall be provided a period not less than sixty days after being provided
5 their scores to respond with evidence intended to influence a poor
6 incremental score, or correct an error in a narrative explanation. No
7 contract shall be denied until the commissioner has evaluated the appli-
8 cant's response and any subsequent denial shall include a narrative
9 describing the commissioner's reasoning for the denial.
10 (ii) This paragraph shall not interrupt the granting of contracts, the
11 validity of those contracts, or the reoffering of contracts, through the
12 process under paragraph (b) of this subdivision begun prior to the
13 effective date of this paragraph.
14 § 2. This act shall take effect immediately.