senate Bill S3902

Amended

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

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Bill Status


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

  • 26 / Feb / 2013
    • REFERRED TO HEALTH
  • 10 / Jun / 2013
    • REPORTED AND COMMITTED TO FINANCE
  • 08 / Jan / 2014
    • REFERRED TO HEALTH
  • 31 / Jan / 2014
    • AMEND AND RECOMMIT TO HEALTH
  • 31 / Jan / 2014
    • PRINT NUMBER 3902A

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

See Assembly Version of this Bill:
A5705
Versions:
S3902
S3902A
Legislative Cycle:
2013-2014
Current Committee:
Senate Health
Law Section:
Public Health Law
Laws Affected:
Add §3621, Pub Health L
Versions Introduced in 2011-2012 Legislative Cycle:
A9664B, S6493B, A9664B

Votes

16
0
16
Aye
0
Nay
1
aye with reservations
0
absent
0
excused
0
abstained
show Health committee vote details

Sponsor Memo

BILL NUMBER:S3902

TITLE OF BILL: An act to amend the public health law, in relation to
medical assistance recoupments and reductions for home care services
and providing for the repeal of such provisions upon expiration
thereof

PURPOSE: To alleviate the burdensome fiscal impacts of the recent
Medicaid recoupment rate policy of the Department of Health on home
care agencies and consumer directed personal assistance programs.

SUMMARY OF PROVISIONS:

Section one adds a new Public Health Law § 3621 providing that on and
after April 1, 2009, any recoupments or reductions in medical
assistance payments for licensed home care services agencies,
certified home health agencies (CHHAs) and consumer directed personal
assistance programs (COPAPs) shall not be subject to interest.

Section two provides that this act shall take effect immediately and
shall expire and be deemed repealed on March 31, 2015.

JUSTIFICATION: Multi-year delays in Medicaid rate change approval and
related overpayments have resulted in Personal Care providers, CHHAs
and CDPAPs 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. Elimination of interest charges
related 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: 2012: S.6493-B

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

EFFECTIVE DATE: Immediately and shall expire and be deemed repealed
on March 31, 2015.

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

                                  3902

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 26, 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 medical assistance
  recoupments and reductions for home care services  and  providing  for
  the repeal of such provisions upon expiration thereof

  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 OR FISCAL
INTERMEDIARIES OPERATING PURSUANT TO SECTION THREE HUNDRED  SIXTY-FIVE-F
OF  THE SOCIAL SERVICES LAW SHALL NOT BE SUBJECT TO INTEREST OR INTEREST
PENALTIES.
  S 2. This act shall take effect immediately and shall  expire  and  be
deemed repealed March 31, 2015.





 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09298-01-3

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