A06261 Summary:

BILL NOA06261
 
SAME ASNo same as
 
SPONSORGottfried
 
COSPNSR
 
MLTSPNSR
 
Add Art 44-A SS4420 - 4423, Art 27-L Head, S2799-t, amd SS2 & 2818, Pub Health L; amd S1680-j, Pub Auth L; amd S364-j, Soc Serv L; amd Part OO S21, Chap 57 of 2008
 
Relates to accountable care organizations and medical home multipayor programs designed to reduce health care costs and promote effective use of resources.
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A06261 Actions:

BILL NOA06261
 
03/11/2011referred to health
01/04/2012referred to health
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A06261 Floor Votes:

There are no votes for this bill in this legislative session.
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A06261 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          6261
 
                               2011-2012 Regular Sessions
 
                   IN ASSEMBLY
 
                                     March 11, 2011
                                       ___________
 
        Introduced  by  M.  of  A.  GOTTFRIED  --  read once and referred to the
          Committee on Health
 
        AN ACT to amend the public health law,  the  social  services  law,  the
          public  authorities  law,  and chapter 57 of the laws of 2008 amending
          the public health law relating to medical home demonstration programs,

          in relation to accountable care organizations and medical home  multi-
          payor programs
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. The public health law is amended by adding  a  new  article
     2  44-A to read as follows:
     3                                ARTICLE 44-A
     4                       ACCOUNTABLE CARE ORGANIZATIONS
     5  Section 4420. Accountable care organizations; findings; purpose.
     6          4421. Definitions.
     7          4422. Establishment of accountable care organizations.
     8          4423. Certificate of authority.
     9    §  4420. Accountable care organizations; findings; purpose. The legis-
    10  lature intends to facilitate the ability of accountable  care  organiza-

    11  tions  to assume a larger role in delivering a full array of health care
    12  services, from primary  and  preventive  care  through  acute  inpatient
    13  hospital  and  post-hospital care. The legislature finds that the forma-
    14  tion and operation of accountable care organizations under this  article
    15  can  be  consistent  with  the purposes of federal and state anti-trust,
    16  anti-referral, and other statutes, including  reducing  over-utilization
    17  and expenditures. The legislature finds that the development of account-
    18  able  care  organizations  under  this  article  will reduce health care
    19  costs, promote  effective  allocation  of  health  care  resources,  and
    20  enhance  the  quality  and accessibility of health care. The legislature

    21  finds that this  article  is  necessary  to  promote  the  formation  of
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09961-02-1

        A. 6261                             2
 
     1  accountable  care  organizations and protect the public interest and the
     2  interests of patients and health care providers.
     3    §  4421.  Definitions.  As  used  in this article, the following terms
     4  shall have the following meanings, unless the context  clearly  requires
     5  otherwise:
     6    1.  "Accountable care organization" and "ACO" mean an accountable care

     7  organization certified by the commissioner under this article.
     8    2. "Certificate of authority" or "certificate" means a certificate  of
     9  authority issued by the commissioner under this article.
    10    3.  "Health care provider" means an entity licensed or certified under
    11  article twenty-eight or thirty-six of this chapter; an  entity  licensed
    12  or  certified  under  article  sixteen,  thirty-one or thirty-two of the
    13  mental hygiene law; or a health care practitioner licensed or  certified
    14  under  title  eight of the education law or a lawful combination of such
    15  health care practitioners; it  may  also  include  other  entities  that
    16  provide  technical  assistance,  information  systems and services, care

    17  coordination and other services to health care  providers  and  patients
    18  participating in an ACO.
    19    4.  "Primary  care"  means  the health care fields of family practice,
    20  general pediatrics, primary care internal medicine, primary care obstet-
    21  rics, or primary care gynecology, without regard to board certification,
    22  and shall apply to any health care provider acting within his,  her,  or
    23  its lawful scope of practice.
    24    5.  "Third-party health care payer" includes, in addition to its ordi-
    25  nary meanings, an entity such as a  pharmacy  benefits  manager,  fiscal
    26  administrator,  or administrative services provider that participates in
    27  the administration of a third-party health care payer system.

    28    §  4422.  Establishment  of  accountable  care  organizations.  1.  An
    29  accountable care organization is a not-for-profit or governmental entity
    30  which (a) is an organization of health care providers that work together
    31  to  provide, manage, and coordinate health care (including primary care)
    32  for a defined population; with a mechanism for  shared  governance;  the
    33  ability to negotiate, receive, and distribute payments; and accountabil-
    34  ity  for  the  quality,  cost,  and delivery of health care to the ACO's
    35  patients; in accordance with this article; and (b)  has  been  issued  a
    36  certificate of authority by the commissioner under this article.
    37    2. An ACO shall:
    38    (a)  Have a governance system that reasonably, equitably and democrat-

    39  ically represents the ACO's participating health care providers, employ-
    40  ees of participating health care  providers,  the  ACO's  enrollees  and
    41  patients, and the general public.
    42    (b)  Define the population proposed to be served by the ACO, which may
    43  include reference to a geographical area and patient characteristics.
    44    (c) Include an adequate network of participating health care providers
    45  to provide the health care for which the ACO is  accountable,  including
    46  primary care health care providers, and at least one federally-qualified
    47  health center (provided that the commissioner may waive this requirement
    48  if there is no federally-qualified health center serving the area served
    49  by the ACO).

    50    (d)  Have defined mechanisms for providing, managing, and coordinating
    51  high quality health care for the ACO's  patients,  including:  elevating
    52  the  services of primary care health care providers to meet patient-cen-
    53  tered  medical  home  standards;  coordinating  intensive  services  for
    54  complex  high-need  patients;  providing access to health care providers
    55  that are not participants in the ACO; and providing access to  the  full
    56  range of reproductive health care for the population served.

        A. 6261                             3
 
     1    (e) Have defined mechanisms for receiving and distributing payments to
     2  the  ACO's  participating  health  care  providers,  including incentive

     3  payments (which may include medical  home  payments)  and  payments  for
     4  health  care  services from third-party health care payers and patients.
     5  An  ACO  may include mechanisms for pooling payments received by partic-
     6  ipating health care providers from third-party payers and patients.
     7    (f) Have reasonable mechanisms and criteria for accepting health  care
     8  providers to participate in the ACO that are related to the needs of the
     9  patient population to be served and needs and purposes of the ACO and do
    10  not discriminate on other grounds.
    11    (g)  Have a leadership and management structure that includes clinical
    12  and administrative systems and clinical participation.
    13    (h) Have appropriate quality assurance  mechanisms,  grievance  proce-

    14  dures for health care providers and patients, and procedures for review-
    15  ing and appealing patient care decisions.
    16    (i)  Provide  satisfactory evidence of the character and competence of
    17  the ACO.
    18    (j) Have the ability to operate on a fiscally  sound  and  financially
    19  responsible basis, including reasonable capitalization and reserves, and
    20  considering the payment arrangements entered into by the ACO.
    21    (k)  In  its  application  and  from  time to time, as required by the
    22  commissioner, provide the commissioner with information and data  relat-
    23  ing to:
    24    (i)  The ACO's participating health care providers, including individ-
    25  ual health care practitioners affiliated with such health care  provider

    26  who provide health care to the health care provider's patients.
    27    (ii)  Data, including encounter data, relating to the nature, outcome,
    28  and quality of, and payment for, health care provided by the participat-
    29  ing health care provider to the participating patient.
    30    (l) Have mechanisms to promote  evidence-based  health  care,  patient
    31  engagement,  coordination  of care, electronic health records, and other
    32  enabling technologies.
    33    3. The commissioner,  in  consultation  with  health  care  providers,
    34  third-party  health  care  payers,  advocates representing patients, the
    35  superintendent of insurance, and other appropriate parties, shall:
    36    (a) Establish appropriate requirements for ACOs to promote  compliance

    37  with the purposes of this article.
    38    (b)  Establish  appropriate performance standards for, and measures to
    39  assess, the quality of care provided by an ACO, such as measures of:
    40    (i) clinical processes and outcomes;
    41    (ii) patient and, where practicable, caregiver experience of care;
    42    (iii) utilization, such as rates of hospital admission for  ambulatory
    43  care  sensitive  conditions,  emergency room use, and hospital re-admis-
    44  sions.
    45    (c) Provide for public disclosure, on  the  department's  website,  of
    46  statistical  data  relating to the quality of services, performance, and
    47  other characteristics of ACOs, which is appropriately adjusted for  case
    48  mix and excludes any individual patient identifying information.

    49    (d) Make regulations, set standards, and take other actions to promote
    50  the  ability of an ACO to participate in applicable federal programs for
    51  accountable care organizations.
    52    4. (a) In order to promote improved quality  and  efficiency  of,  and
    53  access  to, health care services and promote improved clinical outcomes,
    54  it shall be the policy of the state relating to ACOs to encourage  coop-
    55  erative,  collaborative  and  integrative arrangements among third-party
    56  health care payers and health care  providers  who  might  otherwise  be

        A. 6261                             4
 
     1  competitors,  under  the  active supervision of the commissioner. To the
     2  extent such arrangements might be anti-competitive  within  the  meaning

     3  and  intent  of  the  federal or state antitrust laws, the intent of the
     4  state  is  to supplant competition with such arrangements and with regu-
     5  lation under this article, to the extent  necessary  to  accomplish  the
     6  purposes  of  this  article  relating  to ACOs, and provide state action
     7  immunity under the state and federal antitrust laws with respect to  the
     8  planning,  implementation  and  operation of ACOs and third-party health
     9  care payers and health care providers.  The commissioner  shall  provide
    10  reasonable  and appropriate state supervision necessary to promote state
    11  action immunity under the state and  federal  antitrust  laws,  and  may
    12  inspect,  require,  or  request  additional documentation and take other

    13  actions under this article to verify and make sure that this article  is
    14  implemented in accordance with its intent and purpose.
    15    (b) To the extent the formation or operation of an ACO or its arrange-
    16  ments  with  third-party health care payers or health care providers may
    17  violate the federal civil monetary payment laws,  or  federal  or  state
    18  anti-kickback, patient referral, or fee-splitting laws, the commissioner
    19  shall  provide  reasonable  and appropriate regulation, supervision, and
    20  waivers under those statutes and their regulations to enable such forma-
    21  tion, operation or arrangements to proceed and to make sure that they do
    22  so consistently with the purposes of this article.

    23    (c) The provision of health care services directly or indirectly by an
    24  ACO through health care providers shall not be considered  the  practice
    25  of a profession under title eight of the education law by the ACO.
    26    5.  (a)  An  ACO  (i)  shall be deemed to be a health plan, solely for
    27  purposes of article forty-nine of this chapter, except where  the  func-
    28  tions  of  a  health plan under that article are the responsibility of a
    29  third-party health care payer, and (ii) shall be deemed to be a  managed
    30  care  product,  solely for purposes of article forty-eight of the insur-
    31  ance law, except where the functions of a  managed  care  product  under
    32  that article are the responsibility of a third-party health care payer.

    33    (b)  Where  an  ACO  contracts  with an enrollee or patient to provide
    34  health care services to that person, where payment for those services is
    35  not primarily the responsibility of a  third-party  health  care  payer,
    36  nothing in this article shall preclude the ACO from being deemed to be a
    37  health  maintenance  organization  subject to article forty-four of this
    38  chapter or engaged in the business of insurance and subject to  applica-
    39  ble  provisions  of  the insurance law, including article forty-eight of
    40  the insurance law.
    41    6. (a) (i) An ACO may enter into arrangements with one or more  third-
    42  party  health  care payers to establish payment methodologies for health
    43  care services for the third-party health care payer's enrollees provided

    44  by the ACO or for which the ACO is responsible, such as full or  partial
    45  capitation   or   other  arrangements.  Such  arrangements  may  include
    46  provision for the ACO to receive and distribute payments  to  the  ACO's
    47  participating  health  care  providers, including incentive payments and
    48  payments for health care services from third-party  health  care  payers
    49  and  patients.  An  ACO  may  include  mechanisms  for  pooling payments
    50  received by participating health care providers from third-party  payers
    51  and patients.
    52    (ii)  The  commissioner,  in  consultation  with the superintendent of
    53  insurance, may authorize a third-party health care payer to  participate
    54  in payment methodologies with an ACO under this paragraph, notwithstand-

    55  ing  any  contrary  provision  of  this  chapter, the insurance law, the

        A. 6261                             5
 
     1  social services law, or the elder law, on finding that the payment meth-
     2  odology is consistent with the purposes of this article.
     3    (iii) No third-party health care payer shall:
     4    (A) impose any deductible, co-payment or other form of co-insurance on
     5  any  enrollee  or  patient  in  connection  with the enrollee or patient
     6  participating in an ACO that is higher than it would  otherwise  impose;
     7  or
     8    (B)  make  any  distinction  or discrimination against any enrollee or
     9  patient in connection with the enrollee or patient participating  in  an

    10  ACO, or impose any restriction on which of its enrollees or patients may
    11  participate in an ACO; provided that
    12    (C)  this  subdivision  shall  not  be  construed to bar a third-party
    13  health care payer from providing incentives for enrollees or patients to
    14  participate in an ACO; and
    15    (D) enrollee, patient, and health care provider  participation  in  an
    16  ACO shall be on a voluntary basis.
    17    (b)  With respect to arrangements involving public health coverage and
    18  an ACO, the commissioner:
    19    (i) shall seek to promote the establishment of ACOs;
    20    (ii) may promote use of risk-adjustment and  stop-loss  methodologies;
    21  and
    22    (iii)  may  establish  payment  methodologies,  including for Medicaid

    23  fee-for-service and Medicaid managed care.
    24    (c) An ACO may seek to focus on  providing  health  care  services  to
    25  patients  with one or more chronic conditions or special needs. However,
    26  an ACO may not otherwise, on the basis of a person's  medical  or  demo-
    27  graphic  characteristics,  discriminate  for or against or discourage or
    28  encourage any person or persons with respect to enrolling or participat-
    29  ing in the ACO.
    30    (d) An ACO shall not, by incentives or otherwise, discourage a  health
    31  care  provider  from  providing  or  an enrollee or patient from seeking
    32  appropriate health care services.
    33    (e) An ACO shall not discriminate against or disadvantage a patient or

    34  patient's representative for the exercise of patient autonomy.
    35    7. The commissioner is authorized to seek federal  grants,  approvals,
    36  and  waivers  to  implement  this  article,  including federal financial
    37  participation under  public  health  coverage.  The  commissioner  shall
    38  provide  copies of applications and other documents seeking such federal
    39  grants, approvals, and waivers to  the  chairs  of  the  senate  finance
    40  committee,  the  assembly  ways  and means committee, and the senate and
    41  assembly health committees simultaneously with their submission  to  the
    42  federal government.
    43    8.  The  commissioner may directly, or by contract with not-for-profit
    44  organizations, provide:

    45    (a) consumer assistance to patients participating  in  or  considering
    46  participating in an ACO as to matters relating to ACOs;
    47    (b)  technical  and  other assistance to health care providers partic-
    48  ipating in an ACO as to matters relating to the ACO;
    49    (c) assistance to ACOs to promote their formation  and  improve  their
    50  operation, including assistance under section twenty-eight hundred eigh-
    51  teen of this chapter;
    52    (d) information sharing and other assistance among ACOs to improve the
    53  operation of ACOs.
    54    §  4423.  Certificate  of authority. 1. The commissioner shall issue a
    55  certificate of authority to an applicant that satisfies the requirements
    56  under this article for establishment of an ACO.

        A. 6261                             6
 
     1    2. The commissioner may limit, suspend, or terminate a certificate  of
     2  authority if the ACO is not operating in accordance with this article.
     3    3.  The  commissioner  shall  establish, by regulation, reasonable and
     4  appropriate procedures under this section,  consistent  with  the  state
     5  administrative procedure act.
     6    4.  The  commissioner  shall  not approve any certificate of authority
     7  under this article after December thirty-first, two thousand seventeen.
     8    § 2. Subdivision 1 of section 2 of the public health law is amended by
     9  adding eight new paragraphs (o), (p), (q), (r), (s), (t), (u),  and  (v)
    10  to read as follows:
    11    (o)  "Medicaid"  or "medical assistance" means title eleven of article

    12  five of the social services law and the program thereunder.
    13    (p) "Family health plus" means title eleven-D of article five  of  the
    14  social services law and the program thereunder.
    15    (q)  "Child  health  plus" means title one-A of article twenty-five of
    16  this chapter and the program thereunder.
    17    (r) "Medicaid managed care"  means  Medicaid  provided  under  section
    18  three hundred sixty-four-j of the social services law.
    19    (s)  "Medicaid  fee-for-service"  means  Medicaid  provided other than
    20  under Medicaid managed care.
    21    (t) "Medicare" means title XVIII of the federal  social  security  act
    22  and the programs thereunder.
    23    (u)  "EPIC"  means title three of article two of the elder law and the

    24  program thereunder.
    25    (v) "Public health coverage" means Medicaid, child health plus, family
    26  health plus, medicare (to the extent it is subject to state law  in  the
    27  context in which the term is used), and EPIC.
    28    §  3.  Paragraph  (b)  of subdivision 1 of section 364-j of the social
    29  services law, as amended by chapter 649 of the laws  of  1996,  subpara-
    30  graphs  (i)  and  (ii) as amended by chapter 433 of the laws of 1997, is
    31  amended to read as follows:
    32    (b) "Managed care provider". An entity that provides or  arranges  for
    33  the  provision  of  medical  assistance services and supplies to partic-
    34  ipants directly or indirectly (including by  referral),  including  case
    35  management; and:
    36    (i)  is  authorized  to operate under article forty-four of the public

    37  health law or article forty-three of the insurance law and  provides  or
    38  arranges,  directly  or  indirectly  (including by referral) for covered
    39  comprehensive health services on a full capitation basis; [or]
    40    (ii) is authorized  as  a  partially  capitated  program  pursuant  to
    41  section  three  hundred sixty-four-f of this title or section forty-four
    42  hundred three-e of the public health law or section 1915b of the  social
    43  security act; or
    44    (iii)  is  an accountable care organization under article forty-four-A
    45  of the public health law.
    46    § 4. Section 2818 of the public health law is amended by adding a  new
    47  subdivision 6 to read as follows:
    48    6.  Notwithstanding subdivisions one and two of this section, sections
    49  one hundred twelve and one hundred sixty-three of the state finance law,

    50  or any other inconsistent provision of law, of the funds  available  for
    51  expenditure  pursuant  to this section, ten million dollars may be allo-
    52  cated and distributed by the commissioner without a competitive  bid  or
    53  request  for  proposal  process for grants to accountable care organiza-
    54  tions under article forty-four-A of this  chapter  for  the  purpose  of
    55  promoting  their  formation and improving their operation. Consideration
    56  relied upon by  the  commissioner  in  determining  the  allocation  and

        A. 6261                             7
 
     1  distribution  of  these  funds shall include, but not be limited to, the
     2  need for and capacity of the accountable care organization to accomplish

     3  the purposes of article forty-four-A of this chapter in the area  to  be
     4  served.
     5    § 5. The opening paragraph of section 1680-j of the public authorities
     6  law,  as  amended  by  section 54 of part B of chapter 58 of the laws of
     7  2005, is amended to read as follows:
     8    Notwithstanding any other provision of law to the contrary, the dormi-
     9  tory authority of the state of New York is hereby  authorized  to  issue
    10  bonds  or  notes  in one or more series in an aggregate principal amount
    11  not to exceed seven hundred fifty million dollars excluding bonds issued
    12  to fund one or more debt service reserve funds, to pay costs of issuance
    13  of such bonds, and bonds or notes issued to refund  or  otherwise  repay
    14  such  bonds  or  notes  previously issued, for the purposes of financing
    15  project costs authorized under section twenty-eight hundred eighteen  of

    16  the  public health law. Of such seven hundred fifty million dollars, ten
    17  million dollars shall be made available to the community health  centers
    18  capital  program  established  pursuant  to section twenty-eight hundred
    19  seventeen of the public health law; and ten  million  dollars  shall  be
    20  made available to accountable care organizations under subdivision eight
    21  of  section forty-four hundred twenty-two and subdivision six of section
    22  twenty-eight hundred eighteen of the public health law.
    23    § 6. The article heading of article 27-L of the public health law,  as
    24  added  by  section  16  of part OO of chapter 57 of the laws of 2008, is
    25  amended to read as follows:
    26                    MEDICAL HOME [DEMONSTRATION] PROGRAMS
    27    § 7. The public health law is amended by adding a new  section  2799-t

    28  to read as follows:
    29    § 2799-t. Medical home multipayor programs. 1. (a) The commissioner is
    30  authorized  to  establish  medical home multipayor programs (referred to
    31  in this section as a "program") and in relation to a program may certify
    32  certain primary care clinicians and clinics as  medical  homes  eligible
    33  for  enhanced payments for services provided to: recipients eligible for
    34  Medicaid fee-for-service; enrollees eligible for and enrolled  in  Medi-
    35  caid  managed care; enrollees eligible for and enrolled in family health
    36  plus; enrollees eligible for and enrolled in child health  plus;  enrol-
    37  lees  and  subscribers  of commercial managed care plans operating under
    38  article forty-four of this chapter or health  maintenance  organizations

    39  operating  under article forty-three of the insurance law; enrollees and
    40  subscribers of other commercial insurance  products;  and  employees  of
    41  employer-sponsored self-insured plans. The purpose of the programs is to
    42  improve  health  care  outcomes  and efficiency through improved access,
    43  patient care continuity, and coordination of health services.
    44    (b) As used in this section:
    45    (i) "clinic" means a general hospital providing outpatient care  or  a
    46  diagnostic  and treatment center, licensed under article twenty-eight of
    47  this chapter; and
    48    (ii) "primary care clinician" means a health care practitioner  acting
    49  within  his  or  her  lawful  scope of practice under title eight of the

    50  education law who is: (A) a physician or nurse  practitioner  practicing
    51  in  a  primary  care  specialty; (B) a physician, nurse practitioner, or
    52  midwife practicing primary gynecological care for  female  patients;  or
    53  (C)  a  physician or nurse practitioner practicing in a non-primary care
    54  specialty, for a patient who  has  a  chronic  condition  that  requires
    55  specialty  care, where the specialist health care practitioner regularly
    56  and continually provides treatment for that condition to the patient;

        A. 6261                             8
 
     1    (iii) "primary  care  medical  home  collaborative"  means  an  entity
     2  approved  by  the commissioner which shall include but not be limited to

     3  health care providers, which may include but not be  limited  to  hospi-
     4  tals,  diagnostic and treatment centers, private practices and independ-
     5  ent practice associations, and payors of health care services, which may
     6  include but not be limited to employers, health plans and insurers.
     7    2.  (a)  In  order  to promote improved quality and efficiency of, and
     8  access to, health care services and promote improved clinical  outcomes,
     9  it  shall be the policy of the state relating to the programs to encour-
    10  age cooperative, collaborative and integrative arrangements between  and
    11  among payors of health care services and health care providers who might
    12  otherwise  be  competitors,  under the active supervision of the commis-

    13  sioner. To the extent such arrangements might be anti-competitive within
    14  the meaning and intent of the federal antitrust laws, the intent of  the
    15  state  is to supplant competition with such arrangements, and with regu-
    16  lation under this section to the  extent  necessary  to  accomplish  the
    17  purposes  of  this  section  relating to the programs, and provide state
    18  action immunity under the state and federal antitrust laws with  respect
    19  to the planning, implementation and operation of the programs and payors
    20  of health care services and health care providers.
    21    (b)  The commissioner or his or her duly authorized representative may
    22  engage in appropriate  state  supervision  necessary  to  promote  state

    23  action  immunity  under  the  state  and federal antitrust laws, and may
    24  inspect or request additional documentation to verify that  the  program
    25  is implemented in accordance with its intent and purpose.
    26    3.  The  commissioner,  for  purposes of the program, is authorized to
    27  participate in, actively supervise, facilitate  and  approve  a  primary
    28  care medical home collaborative for a program to establish:
    29    (a) the boundaries of the program and the health care providers eligi-
    30  ble  to  participate; provided that the boundaries of programs may over-
    31  lap;
    32    (b) practice standards for the medical home adopted with consideration
    33  of existing standards developed by national accrediting and professional

    34  organizations including, but not limited to, the National Committee  for
    35  Quality  Assurance  ("NCQA"),  the  Joint Commission of Accreditation of
    36  Healthcare Organizations ("JCAHCO" or the "Joint Commission"),  American
    37  Accreditation Healthcare Commission ("URAC"), American College of Physi-
    38  cians,  the  American Academy of Family Physicians, the American Academy
    39  of Pediatrics, and the American Osteopathic Association;
    40    (c) methodologies by which  payors  will  provide  enhanced  rates  of
    41  payment to certified medical homes;
    42    (d)  methodologies  to  pay  additional amounts for medical homes that
    43  meet specific process or outcome standards established  by  the  primary
    44  care medical home collaborative of the program;

    45    (e)  alternative  methodologies  for payors of health care services to
    46  health care providers under the program;
    47    (f) provisions for payments to providers that may vary by size or form
    48  of organization of the provider, or  patient  case  mix  to  accommodate
    49  different  levels  of  resources and difficulty to meet the standards of
    50  the program;
    51    (g) provisions for payments to not-for-profit  entities  that  provide
    52  services to health care providers to assist them in meeting medical home
    53  standards  under  the  program  such as the services of community health
    54  workers;
    55    (h) requirements for collecting data relating  to  the  providing  and
    56  paying  for health care services under the program and providing of data

        A. 6261                             9
 
     1  to the commissioner, payors and health care providers under the program,
     2  to promote the  effective  operation  and  evaluation  of  the  program,
     3  consistent  with protection of the confidentiality of individual patient
     4  information; and
     5    (i) provisions under which the commissioner may terminate the program.
     6    4. Patient and health care provider participation in the program shall
     7  be on a voluntary basis.
     8    5.  Clinics and primary care clinicians participating in a program are
     9  not eligible for additional enhancements or bonuses under the  statewide
    10  medical  home  program,  established  pursuant  to section three hundred

    11  sixty-four-m of the  social  services  law,  for  services  provided  to
    12  participants  in Medicaid fee-for-service, Medicaid managed care, family
    13  health plus or child health plus.
    14    6. Subject to  the  availability  of  funding  and  federal  financial
    15  participation, the commissioner is authorized:
    16    (a)  To  pay enhanced rates of payment under Medicaid fee-for-service,
    17  Medicaid managed care, family health plus and child health plus to clin-
    18  ics and primary care clinicians that  are  certified  as  medical  homes
    19  under this section;
    20    (b)  To  pay  additional  amounts for medical homes that meet specific
    21  process or outcome standards specified by the commissioner, in consulta-

    22  tion with the primary care medical home collaborative  of  the  program;
    23  and
    24    (c)  To  authorize  alternative  payment  methodologies under Medicaid
    25  fee-for-service, Medicaid managed care, family  health  plus  and  child
    26  health  plus  for health care providers and to serve the purposes of the
    27  program, including payments to not-for-profit entities  under  paragraph
    28  (g) of subdivision three of this section.
    29    7.  The  commissioner may directly, or by contract with not-for-profit
    30  organizations, provide:
    31    (a) technical assistance to a primary care medical home  collaborative
    32  in relation to establishing and operating a program;
    33    (b)  consumer  assistance to patients participating in a program as to

    34  matters relating to the program;
    35    (c) technical and other assistance to health  care  providers  partic-
    36  ipating  in  a  program as to matters relating to the program, including
    37  achieving medical home standards;
    38    (d) care coordination provider technical and other assistance to indi-
    39  viduals and entities providing care coordination services to health care
    40  providers under a program; and
    41    (e) information sharing and other assistance among programs to improve
    42  the operation of programs consistent with applicable  laws  relating  to
    43  patient confidentiality.
    44    8.  The commissioner shall, to the extent necessary for the purpose of
    45  this section, submit the appropriate  waivers  and  other  applications,

    46  including,  but  not  limited  to, those authorized pursuant to sections
    47  eleven hundred fifteen and  nineteen  hundred  fifteen  of  the  federal
    48  social  security  act, or successor provisions, and any other waivers or
    49  applications necessary to achieve the purposes of  high  quality,  inte-
    50  grated,  and  cost  effective  care and integrated financial eligibility
    51  policies under Medicaid, family health plus and  child  health  plus  or
    52  Medicare. Copies of such original waiver and other applications shall be
    53  provided  to the chairman of the senate finance committee and the chair-
    54  man of the assembly ways and means committee simultaneously  with  their
    55  submission to the federal government.

        A. 6261                            10

 
     1    9.  The  Adirondack  medical  home  multipayor  demonstration  program
     2  (including the Adirondack medical home collaborative) previously  estab-
     3  lished  under  section twenty-nine hundred fifty-nine of this chapter is
     4  continued and shall be deemed to be a program under this section.
     5    10.  The  commissioner  shall  annually report to the governor and the
     6  legislature on the operation of the programs and their effectiveness  in
     7  achieving the purposes of this section, with particular reference to the
     8  quality,  cost,  and outcomes for enrollees in Medicaid fee-for-service,
     9  Medicaid managed care, family health plus and child health plus.
    10    11. No program shall be approved under this section after April first,
    11  two thousand sixteen.

    12    § 8. Paragraph o of section 21 of part OO of chapter 57 of the laws of
    13  2008 amending the public health law  relating  to  medical  home  demon-
    14  stration programs, is amended to read as follows:
    15    o. section 2799-s of the public health law as added by section sixteen
    16  of  this  act  shall take effect January 1, 2009 and shall expire and be
    17  deemed repealed 3 years after such effective date; and
    18    § 9. This act shall take effect immediately; provided however that the
    19  amendments to section 364-j of the social services law made  by  section
    20  three  of this act shall not affect the repeal of such section and shall
    21  be deemed to repeal therewith.
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