STATE OF NEW YORK
________________________________________________________________________
5217
2013-2014 Regular Sessions
IN SENATE
May 14, 2013
___________
Introduced by Sen. HANNON -- read twice and ordered printed, and when
printed to be committed to the Committee on Health
AN ACT to amend the public health law, in relation to quality measure-
ment, assurance and reporting under the state's mandatory enrollment
policy; and providing for the repeal of such provisions upon expira-
tion thereof
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. In
13 order to achieve managed long term care plan system efficiencies and
14 coordination and to promote the objectives of high quality, integrated
15 and cost effective care, the commissioner may establish a single coordi-
16 nated surveillance process, allow for a comprehensive quality improve-
17 ment and review process to meet component quality requirements, and
18 require a uniform cost report. The commissioner shall require managed
19 long term care plans to utilize quality improvement measures, based on
20 health outcomes data, for internal quality assessment processes and may
21 utilize such measures as part of the single coordinated surveillance
22 process. In addition, in furtherance of quality measurement and care
23 following approval of the waiver authority for mandatory enrollment
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10868-01-3
S. 5217 2
1 under subparagraph (i) of paragraph (b) of this subdivision, the commis-
2 sioner shall convene a technical panel of representatives of managed
3 long term care plans, certified home health agencies, long term home
4 health care programs, licensed home care services agencies and state
5 association representatives thereof, along with such others with demon-
6 strated expertise in quality measurement and reporting as the commis-
7 sioner may deem appropriate, to assist and advise the commissioner in
8 identifying the quality improvement measures, health outcomes data,
9 internal quality assessment processes and reporting required under this
10 section.
11 § 2. The commissioner of health shall convene and consider the advice
12 of the technical panel established by section one of this act not later
13 than December 31, 2013, and by no later than February 1, 2014, the
14 commissioner of health shall report to the legislature on such panel's
15 advice and on the actions the commissioner of health has taken in
16 response to such advice.
17 § 3. This act shall take effect immediately and shall expire April 1,
18 2015 when upon such date the provisions of this act shall be deemed
19 repealed.
