Provides that increased rates of payment for behavioral health services shall be deemed to be effective on the date of the law, rule or regulation under which the change or increase is required.
STATE OF NEW YORK
________________________________________________________________________
3960
2019-2020 Regular Sessions
IN SENATE
February 21, 2019
___________
Introduced by Sen. RIVERA -- read twice and ordered printed, and when
printed to be committed to the Committee on Health
AN ACT to amend the social services law and the public health law, in
relation to payments for behavioral health services
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 18 of section 364-j of the social services law
2 is amended by adding a new paragraph (e) to read as follows:
3 (e) Increased rates, terms or scope of payment for behavioral health
4 services under this title, where payment is made by a managed care
5 provider under this section, as a result of a rate, coverage or other
6 change made pursuant to a law, regulation, rule or official guidance,
7 shall be deemed in effect on the same date that such change would have
8 taken effect if payment were made other than by the managed care provid-
9 er. Where payment is not made as of the effective date, the managed care
10 provider shall make retroactive payments to the appropriate service
11 providers.
12 § 2. Subdivision 7 of section 4403-f of the public health law is
13 amended by adding a new paragraph (k) to read as follows:
14 (k) Increased rates, terms or scope of payment for behavioral health
15 services under this section, where payment is made by an entity under
16 this section, as a result of a rate, coverage or other change made
17 pursuant to a law, regulation, rule or official guidance, shall be
18 deemed in effect on the same date that such change would have taken
19 effect if payment were made other than by the entity. Where payment is
20 not made as of the effective date, the entity shall make retroactive
21 payments to the appropriate service providers.
22 § 3. This act shall take effect immediately; provided, however, that
23 the amendments to section 364-j of the social services law and section
24 4403-f of the public health law made by sections one and two of this
25 act, respectively, shall not affect the repeal of such sections and
26 shall be deemed repealed therewith.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02696-01-9
