senate Bill S6493

Amended

Provides that recoupments and reductions of medical assistance payments for home care services shall not be subject to interest

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Sponsor

Co-Sponsors

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 16 / Feb / 2012
    • REFERRED TO HEALTH
  • 29 / Feb / 2012
    • 1ST REPORT CAL.240
  • 01 / Mar / 2012
    • 2ND REPORT CAL.
  • 05 / Mar / 2012
    • AMENDED 6493A
  • 05 / Mar / 2012
    • ADVANCED TO THIRD READING
  • 20 / Mar / 2012
    • PASSED SENATE
  • 20 / Mar / 2012
    • DELIVERED TO ASSEMBLY
  • 20 / Mar / 2012
    • REFERRED TO HEALTH
  • 14 / Jun / 2012
    • RECALLED FROM ASSEMBLY
  • 14 / Jun / 2012
    • RETURNED TO SENATE
  • 14 / Jun / 2012
    • VOTE RECONSIDERED - RESTORED TO THIRD READING
  • 14 / Jun / 2012
    • AMENDED ON THIRD READING (T) 6493B
  • 20 / Jun / 2012
    • SUBSTITUTED BY A9664B

Summary

Provides that recoupments and reductions of medical assistance payments for home care services shall not be subject to interest.

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Bill Details

Versions:
S6493
S6493A
S6493B
Legislative Cycle:
2011-2012
Law Section:
Public Health Law
Laws Affected:
Add §3621, Pub Health L
Versions Introduced in 2011-2012 Legislative Cycle:
A9664B

Votes

13
0
13
Aye
0
Nay
3
aye with reservations
0
absent
1
excused
0
abstained
show Health committee vote details

Sponsor Memo

BILL NUMBER:S6493

TITLE OF BILL:
An act to amend the public health law, in relation to medical
assistance recoupments and reductions for home care services

PURPOSE:
To alleviate the burdensome fiscal impacts of the recent Medicaid
recoupment rate policy of the Department of Health on home care
agencies and its subsequent impacts on patients and the health care
workforce.

SUMMARY OF PROVISIONS:
Section one adds a new Public Health Law §3623 providing that on and
after April 1, 2009, any recoupments or reductions in medical
assistance payments for licensed home care services agencies and
certified home health agencies (CHHAs) shall not be subject to
interest. This section further provides that on and after January 1,
2009, any recoupments or reductions in medical assistance payments
shall be made payable in equitable monthly amounts over two years on
or after January 1, 2012, unless an increased payment is requested by
the agency.

Section two provides that this act shall take effect immediately.

JUSTIFICATION:
Multi-year delays in Medicaid rate change approval and related
overpayments have resulted in Personal Care providers and Certified
Home Health Agencies (CHHAs) being subject to the massive recoupment
of funds within a condensed period of time with punitive interest
penalties. This results in severe cash flow issues and will have a
direct impact on the home care workforce and patients. Payment
accuracy is critical to maintaining the integrity of the Medicaid
system, but burdensome recoupment practices create new obstacles for
an industry already facing severe financial challenges. Changes to the
current Medicaid recoupment policy are necessary to mitigate the
negative impact of the State's most recent rate adjustments on the
home care system.

LEGISLATIVE HISTORY:
None.

FISCAL IMPLICATIONS:
No net fiscal impact as this legislation will not reduce the amounts
recouped.

EFFECTIVE DATE:
Immediately.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6493

                            I N  S E N A T E

                            February 16, 2012
                               ___________

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 medical assistance
  recoupments and reductions for home care services

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The  public health law is amended by adding a new section
3621 to read as follows:
  S 3621. MEDICAL ASSISTANCE RECOUPMENTS AND REDUCTIONS.   NOTWITHSTAND-
ING  ANY  OTHER  PROVISION  OF  LAW  TO THE CONTRARY, ON AND AFTER APRIL
FIRST, TWO THOUSAND NINE,  ANY  RECOUPMENTS  OR  REDUCTIONS  IN  MEDICAL
ASSISTANCE  PAYMENTS FOR LICENSED HOME CARE SERVICES AGENCIES AND CERTI-
FIED HOME HEALTH AGENCIES LICENSED PURSUANT TO THIS ARTICLE SHALL NOT BE
SUBJECT TO INTEREST AND ANY SUCH RECOUPMENTS OR  REDUCTIONS  IN  MEDICAL
ASSISTANCE  PAYMENTS  SHALL BE PAYABLE IN EQUITABLE MONTHLY AMOUNTS OVER
TWO YEARS ON OR AFTER JANUARY  FIRST,  TWO  THOUSAND  TWELVE  UNLESS  AN
INCREASED PAYMENT IS REQUESTED BY AN AGENCY.
  S 2. This act shall take effect immediately.






 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14595-01-2

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