senate Bill S3902A

2013-2014 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 - 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 31, 2014 print number 3902a
amend and recommit to health
Jan 08, 2014 referred to health
Jun 10, 2013 reported and committed to finance
Feb 26, 2013 referred to health

Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

S3902 - Bill Details

See Assembly Version of this Bill:
A5705A
Current Committee:
Law Section:
Public Health Law
Laws Affected:
Add §3621-a, Pub Health L
Versions Introduced in 2011-2012 Legislative Session:
A9664B, S6493B

S3902 - 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: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shall expire and be deemed repealed on March 31, 2015.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.

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                    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

Co-Sponsors

S3902A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A5705A
Current Committee:
Law Section:
Public Health Law
Laws Affected:
Add §3621-a, Pub Health L
Versions Introduced in 2011-2012 Legislative Session:
A9664B, S6493B

S3902A (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:S3902A

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-a 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 overpay-
ments 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 recoup-
ment 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, 2016.

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

                                 3902--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 26, 2013
                               ___________

Introduced  by  Sens.  HANNON, LARKIN -- read twice and ordered printed,
  and when printed to be committed to the Committee on Health --  recom-
  mitted  to  the  Committee on Health in accordance with Senate Rule 6,
  sec. 8 -- committee discharged, bill  amended,  ordered  reprinted  as
  amended and recommitted to said committee

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-a to read as follows:
  S 3621-A. MEDICAL ASSISTANCE RECOUPMENTS  AND  REDUCTIONS.    NOTWITH-
STANDING  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, 2016.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09298-02-4

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