Relates to the provision of care and services to persons with developmental or physical disabilities; directs the commissioner of the office for people with developmental disabilities to conduct a demonstration program to identify ways to more efficiently provide such care.
STATE OF NEW YORK
________________________________________________________________________
6037
2013-2014 Regular Sessions
IN ASSEMBLY
March 13, 2013
___________
Introduced by M. of A. ORTIZ -- read once and referred to the Committee
on Health
AN ACT to amend the mental hygiene law, in relation to the provision of
care and services to persons with developmental or physical disabili-
ties and to directing the commissioner of developmental disabilities
to conduct a demonstration program to identify ways to more efficient-
ly provide such care
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The mental hygiene law is amended by adding a new section
2 13.40 to read as follows:
3 § 13.40 Medicaid reimbursement; demonstration program.
4 (a) Notwithstanding any other provision of law or regulation to the
5 contrary, any qualified provider shall be authorized to provide care and
6 services, and to receive Medicaid reimbursement for such care and
7 services, to persons with developmental or physical disabilities,
8 including:
9 (1) persons with developmental or physical disabilities who receive
10 home and community-based services or care-at-home services through
11 existing waivers under section 1915(c) of the federal social security
12 act or who have characteristics and needs similar to such persons; and
13 (2) persons receiving services provided by an intermediate care facil-
14 ity for the mentally retarded or who have characteristics and needs
15 similar to such persons; provided such qualified provider applies for
16 and obtains the requisite certification and approval from the commis-
17 sioner to provide such care and services.
18 (b) The commissioner shall conduct a demonstration program with one or
19 more qualified for-profit providers that provide care and services to
20 persons with developmental or physical disabilities in order to identify
21 ways to more effectively, efficiently and economically provide such care
22 and services to persons with developmental or physical disabilities;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09518-01-3
A. 6037 2
1 provided such qualified provider applies for and obtains the requisite
2 certification and approval from the commissioner to provide such care
3 and services. The commissioner shall select a provider or providers with
4 demonstrated experience and expertise in:
5 (1) providing such care and services; and
6 (2) partnering with states to improve the delivery of such care and
7 services.
8 The commissioner may, in the commissioner's discretion, conduct such
9 demonstration program as part of a pilot program in accordance with an
10 application made under section 1115 or section 1915 of the federal
11 social security act. The commissioner shall annually report to the
12 governor and legislature on the operation of the demonstration program
13 and its effectiveness in identifying ways to more effectively, effi-
14 ciently and economically provide care and services to persons with
15 developmental or physical disabilities.
16 § 2. This act shall take effect immediately.
