senate Bill S6493B

2011-2012 Legislative Session

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

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Archive: Last Bill Status Via A9664 - Vetoed by Governor


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Oct 05, 2012 tabled
Oct 03, 2012 vetoed memo.161
Sep 21, 2012 delivered to governor
Jun 20, 2012 returned to assembly
passed senate
3rd reading cal.240
substituted for s6493b
Jun 20, 2012 substituted by a9664b
Jun 14, 2012 amended on third reading (t) 6493b
vote reconsidered - restored to third reading
Jun 14, 2012 returned to senate
recalled from assembly
Mar 20, 2012 referred to health
delivered to assembly
passed senate
Mar 05, 2012 advanced to third reading
amended 6493a
Mar 01, 2012 2nd report cal.
Feb 29, 2012 1st report cal.240
Feb 16, 2012 referred to health

Votes

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Feb 29, 2012 - Health committee Vote

S6493
13
0
committee
13
Aye
0
Nay
3
Aye with Reservations
0
Absent
1
Excused
0
Abstained
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Committee Vote: Feb 29, 2012

aye wr (3)
excused (1)

Bill Amendments

Original
A
B (Active)
Original
A
B (Active)

Co-Sponsors

S6493 - Bill Details

See Assembly Version of this Bill:
A9664B
Law Section:
Public Health Law
Laws Affected:
Add §3621, Pub Health L
Versions Introduced in 2011-2012 Legislative Session:
A9664B

S6493 - Bill Texts

view summary

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

view 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.

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                    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

Co-Sponsors

S6493A - Bill Details

See Assembly Version of this Bill:
A9664B
Law Section:
Public Health Law
Laws Affected:
Add §3621, Pub Health L
Versions Introduced in 2011-2012 Legislative Session:
A9664B

S6493A - Bill Texts

view summary

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

view sponsor memo
BILL NUMBER:S6493A

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 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 (CDPAPs) 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, 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. 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.

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download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 6493--A
    Cal. No. 240

                            I N  S E N A T E

                            February 16, 2012
                               ___________

Introduced  by  Sens.  HANNON, LARKIN -- read twice and ordered printed,
  and when printed to  be  committed  to  the  Committee  on  Health  --
  reported  favorably  from  said committee, ordered to first and second
  report, amended on second report, ordered to a third reading,  and  to
  be  reprinted  as  amended,  retaining its place in the order of third
  reading

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  OR  FISCAL
INTERMEDIARIES  OPERATING PURSUANT TO SECTION THREE HUNDRED SIXTY-FIVE-F
OF THE SOCIAL SERVICES LAW SHALL NOT BE SUBJECT TO INTEREST AND ANY SUCH
RECOUPMENTS OR REDUCTIONS IN MEDICAL ASSISTANCE PAYMENTS SHALL BE  PAYA-
BLE  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.
                                                           LBD14595-03-2

Co-Sponsors

S6493B (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A9664B
Law Section:
Public Health Law
Laws Affected:
Add §3621, Pub Health L
Versions Introduced in 2011-2012 Legislative Session:
A9664B

S6493B (ACTIVE) - Bill Texts

view summary

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

view sponsor memo
BILL NUMBER:S6493B

TITLE OF BILL:
An act
to amend the public health law, in relation to medical assistance
recoupments and reductions for home care services
and
to provide 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, 2014.

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:
None.

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, 2014.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 6493--B
    Cal. No. 240

                            I N  S E N A T E

                            February 16, 2012
                               ___________

Introduced  by  Sens.  HANNON,  BONACIC, LARKIN, MARTINS, OPPENHEIMER --
  read twice and ordered printed, and when printed to  be  committed  to
  the  Committee  on  Health  -- reported favorably from said committee,
  ordered to first and second report, amended on second report,  ordered
  to  a  third  reading,  and  to be reprinted as amended, retaining its
  place in the order of third reading -- passed by Senate and  delivered
  to  the Assembly, recalled, vote reconsidered, restored to third read-
  ing, amended and ordered reprinted, retaining its place in  the  order
  of third reading

AN ACT to amend the public health law, in relation to medical assistance
  recoupments  and  reductions for home care services and to provide 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, 2014.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14595-08-2

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