senate Bill S1118

2013-2014 Legislative Session

Relates to payments under managed long term care plans for home care services

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Archive: Last Bill Status - In Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to health
Jan 09, 2013 referred to health

S1118 - Bill Details

Current Committee:
Law Section:
Public Health Law
Laws Affected:
Amd ยง4403-f, Pub Health L
Versions Introduced in 2011-2012 Legislative Session:
S7141

S1118 - Bill Texts

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Relates to payments under managed long term care plans for home care services; requires certain funds to pass through directly to subcontracting agency and requires payments to reflect increased transportation costs.

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BILL NUMBER:S1118

TITLE OF BILL:
An act
to amend the public health law, in relation to payments under managed
long term care plans for home care services

PURPOSE:
To ensure that monies paid by managed long term care programs
(insurers providing long term care) include adequate reimbursement to
ensure compliance with State wage mandates, adjustments for increased
fuel costs, and provide for the pass through of worker recruitment
and retention monies in payments to agencies that employ direct care
workers in the home care industry.

SUMMARY OF PROVISIONS:
Section one of the bill adds a new subdivision 12 to section 4403-f of
the public health law to ensure adequacy of payment for compliance
with State wage mandates, pass through for escalating fuel costs, and
worker recruitment and retention monies to agencies certified and
licensed under article thirty six of the public health law providing
direct care services to disabled, elderly and other populations.

Section 2 of the bill is the effective date.

STATEMENT IN SUPPORT:
Home care providers are in severe financial distress. Recent cuts and
unfunded mandates have hampered agencies' ability to continue
delivering care to New York's elderly, disabled and chronically-ill
and have put home care jobs at risk.

At the same time, recent changes in State law have resulted in a shift
from fee-for-service to managed care for the provision of home and
community-based services. As a result, rather than working directly
with the State to obtain reimbursement, home care providers are now
working with managed care and managed
long term plans. Similar to other health insurance companies, it is
critical that the State monitor and ensure adequate reimbursement to
providers from managed care and managed long term care plans to
ensure high quality care is provided to the State's elderly, disabled
and other populations. Absent such actions, New York's home care
industry, which has lead the nation in providing high quality and
cost-effective care to the state's elderly, disabled and other
populations for several decades, is at risk.

This legislation seeks to ensure that agencies have the necessary
resources to meet State and local wage mandates. In addition, the
legislation seeks to ensure that worker recruitment and retention
monies are passed through from insurance plans to the agencies that
directly employ the workers and deliver the care.

In addition, agencies and workers must receive an adjustment in
reimbursement for the ever-increasing costs of transportation,
whether this involves increased MTA fares, bus fares in suburban and
urban areas, as well as the ever-escalating cost of gasoline for
workers that drive sometimes hundreds of miles a day to deliver care.


While overall driving costs increased over 3% according to the AAA in
2011, the costs of gasoline have risen almost $2 per gallon since 2009.

Rates of payments to agencies and their workers must incorporate
monies to ensure compliance with State and local wage mandates,
ensure State recruitment and retention funds get to the workers, and
recognize the escalating costs of transportation.

FISCAL IMPLICATIONS:
None.

LEGISLATIVE HISTORY:
S7141/A10479 of 2011-12; Referred to Health

EFFECTIVE DATE:
Immediately.

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

                                  1118

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen. MAZIARZ -- 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  payments  under
  managed long term care plans for home care services

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

  Section 1. Section 4403-f of the  public  health  law  is  amended  by
adding a new subdivision 12 to read as follows:
  12.  PAYMENTS  TO  THOSE  AGENCIES  CERTIFIED AND LICENSED PURSUANT TO
ARTICLE THIRTY-SIX OF THIS CHAPTER PROVIDING DIRECT CARE SERVICES TO THE
ENROLLED POPULATION SHALL BE REASONABLY RELATED TO THE COST OF PROVIDING
EFFICIENT, CONSISTENT AND HIGH QUALITY SERVICES REQUIRED BY THE PLAN  OF
CARE  AND  SHALL, IN ADDITION, INCORPORATE THE AMOUNT OF ANY LABOR COSTS
ATTRIBUTABLE TO SECTION THIRTY-SIX HUNDRED FOURTEEN-C  OF  THIS  CHAPTER
AND  ANY  RECRUITMENT  AND  RETENTION  FUNDS  MADE AVAILABLE PURSUANT TO
SECTION THIRTY-SIX HUNDRED FOURTEEN OF THIS CHAPTER;  PROVIDED  FURTHER,
SUCH  AMOUNTS  SHALL  BE PASSED DIRECTLY THROUGH TO THE AGENCY PROVIDING
SUCH DIRECT CARE SERVICES IF SUCH SERVICES ARE SUBCONTRACTED.  IN  ADDI-
TION,  SUCH PAYMENTS SHALL REFLECT AND ADJUST ANNUALLY FOR ANY INCREASED
COSTS OF THE TRANSPORTATION OF DIRECT CARE WORKERS TO AND FROM PATIENTS'
RESIDENCES RELATED TO INCREASED  FUEL  COSTS  AND/OR  TRANSPORTATION  AS
REPORTED BY THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY
AND THE METROPOLITAN TRANSPORTATION AUTHORITY.
  S  2. This act shall take effect immediately; provided that the amend-
ments to section 4403-f of the public health law made by section one  of
this  act  shall  not affect the repeal of such section and shall expire
and be deemed repealed therewith.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02295-01-3

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