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AB269 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           269
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                       (Prefiled)
 
                                     January 6, 2021
                                       ___________
 
        Introduced  by  M.  of  A.  GOTTFRIED  --  read once and referred to the
          Committee on Health
 
        AN ACT to amend the social services law, in relation to requirements for
          certain state programs to obtain federal financial  supports  for  the
          implementation of a delivery system reform incentive payment program
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Section 363-a of the social  services  law  is  amended  by
     2  adding a new subdivision 5 to read as follows:
     3    5.  Notwithstanding  any  provision  of law, regulation, rule, federal
     4  waiver request, or agency guidance to the contrary,  any  state  program
     5  implemented  pursuant  to an agreement with the Centers for Medicare and
     6  Medicaid Services to obtain federal financial supports for the implemen-
     7  tation of a delivery system reform incentive payment  ("DSRIP")  program
     8  consistent  with  section 1115A of the federal Social Security Act shall
     9  require that a minimum of forty percent of all funds awarded pursuant to
    10  a state DSRIP program on  or  after  the  date  this  subdivision  takes
    11  effect,  shall be disbursed to community-based health care providers for
    12  the exclusive purpose of supporting the programs and services defined in
    13  this subdivision. For  purposes  of  this  subdivision,  community-based
    14  health  care  providers  shall  be defined as a diagnostic and treatment
    15  center licensed or granted an operating certificate under article  twen-
    16  ty-eight  of  the public health law other than those owned, operated, or
    17  controlled by a general hospital  as  defined  in  section  twenty-eight
    18  hundred one of the public health law; a mental health outpatient provid-
    19  er licensed or granted an operating certificate under article thirty-one
    20  of  the  mental hygiene law; a substance use disorder treatment provider
    21  licensed or granted an operating certificate under article thirty-two of
    22  the mental hygiene law;  a  clinic  licensed  or  granted  an  operating
    23  certificate  under article sixteen of the mental hygiene law; a patient-
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00573-01-1

        A. 269                              2
 
     1  centered medical home other than those owned, operated, or controlled by
     2  a general hospital as defined in section twenty-eight hundred one of the
     3  public health law; a community-based program funded under the office  of
     4  mental  health,  the  office for people with developmental disabilities,
     5  the office of addiction services and supports or through a local govern-
     6  ment unit as defined under article forty-one of the mental  hygiene  law
     7  (except programs eligible for funding as part of a DSRIP social determi-
     8  nant  of  health  network);  a  home care provider certified or licensed
     9  pursuant to article thirty-six of  the  public  health  law;  a  hospice
    10  provider  licensed  or  granted  an  operating certificate under article
    11  forty of the public health law; or a family and child  service  provider
    12  licensed under article twenty-nine-I of the public health law.
    13    § 2. This act shall take effect immediately.
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