Relates to the regulation of managed long term care plans; permits the commissioner of health to waive certain regulations of the department for services provided under managed care contracts.
STATE OF NEW YORK
________________________________________________________________________
8083
2013-2014 Regular Sessions
IN ASSEMBLY
June 18, 2013
___________
Introduced by M. of A. GOTTFRIED -- read once and referred to the
Committee on Health
AN ACT to amend the public health law, in relation to the regulation of
managed long term care plans
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subparagraph (i) of paragraph (a) of subdivision 7 of
2 section 4403-f of the public health law, as amended by section 41-b of
3 part H of chapter 59 of the laws of 2011, is amended to read as follows:
4 (i) The commissioner shall promulgate regulations to implement this
5 section and to ensure the quality, appropriateness and cost-effective-
6 ness of the services provided by managed long term care plans. The
7 commissioner may waive rules and regulations of the department, includ-
8 ing but not limited to, those pertaining to duplicative requirements
9 concerning record keeping, boards of directors, staffing and reporting,
10 when such waiver will promote the efficient delivery of appropriate,
11 quality, cost-effective services and when the health, safety and general
12 welfare of enrollees will not be impaired as a result of such waiver.
13 Notwithstanding any inconsistent provisions of this chapter, with
14 respect to home care and personal care services rendered to enrollees of
15 managed long term care plans pursuant to contracts between managed long
16 term care plans and providers of home care and personal care services,
17 the commissioner may also waive rules and regulations of the department
18 pertaining to the form or frequency of assessment, staff supervision,
19 care plan review, reporting or other procedures for managed long term
20 care plan covered services regulated under article thirty-six of this
21 chapter, including those pertaining to such article's requirement that
22 services meet the home health agency provisions under titles XVIII or
23 XIX of the federal social security act. In order to achieve managed long
24 term care plan system efficiencies and coordination and to promote the
25 objectives of high quality, integrated and cost effective care, the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11582-01-3
A. 8083 2
1 commissioner may establish a single coordinated surveillance process,
2 allow for a comprehensive quality improvement and review process to meet
3 component quality requirements, and require a uniform cost report. The
4 commissioner shall require managed long term care plans to utilize qual-
5 ity improvement measures, based on health outcomes data, for internal
6 quality assessment processes and may utilize such measures as part of
7 the single coordinated surveillance process.
8 § 2. This act shall take effect immediately; provided, that the amend-
9 ments to subparagraph (i) of paragraph (a) of subdivision 7 of section
10 4403-f of the public health law made by section one of this act shall
11 not affect the repeal of such section and shall be deemed repealed ther-
12 ewith.
