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Assembly Bill A2289

2015-2016 Legislative Session

Relates to the regulation of managed long term care plans

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Archive: Last Bill Status - In Assembly Committee

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2015-A2289 (ACTIVE) - Details

Current Committee:
Assembly Health
Law Section:
Public Health Law
Laws Affected:
Amd ยง4403-f, Pub Health L
Versions Introduced in 2013-2014 Legislative Session:
A8083

2015-A2289 (ACTIVE) - Summary

Relates to the regulation of managed long term care plans; permits the commissioner of health to waive certain regulations of the department for services provided under managed care contracts.

2015-A2289 (ACTIVE) - Bill Text download pdf 

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

                                  2289

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 15, 2015
                               ___________

Introduced  by  M.  of  A.  GOTTFRIED  --  read once and referred to the
  Committee on Health

AN ACT to amend the public health law, in relation to the regulation  of
  managed long term care plans

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

  Section 1. Subparagraph (i) of  paragraph  (a)  of  subdivision  7  of
section  4403-f  of the public health law, as amended by section 41-b of
part H of chapter 59 of the laws of 2011, is amended to read as follows:
  (i) The commissioner shall promulgate regulations  to  implement  this
section  and  to ensure the quality, appropriateness and cost-effective-
ness of the services provided by  managed  long  term  care  plans.  The
commissioner  may waive rules and regulations of the department, includ-
ing but not limited to, those  pertaining  to  duplicative  requirements
concerning  record keeping, boards of directors, staffing and reporting,
when such waiver will promote the  efficient  delivery  of  appropriate,
quality, cost-effective services and when the health, safety and general
welfare  of  enrollees  will not be impaired as a result of such waiver.
NOTWITHSTANDING  ANY  INCONSISTENT  PROVISIONS  OF  THIS  CHAPTER,  WITH
RESPECT TO HOME CARE AND PERSONAL CARE SERVICES RENDERED TO ENROLLEES OF
MANAGED  LONG TERM CARE PLANS PURSUANT TO CONTRACTS BETWEEN MANAGED LONG
TERM CARE PLANS AND PROVIDERS OF HOME CARE AND PERSONAL  CARE  SERVICES,
THE  COMMISSIONER MAY ALSO WAIVE RULES AND REGULATIONS OF THE DEPARTMENT
PERTAINING TO THE FORM OR FREQUENCY OF  ASSESSMENT,  STAFF  SUPERVISION,
CARE  PLAN  REVIEW,  REPORTING OR OTHER PROCEDURES FOR MANAGED LONG TERM
CARE PLAN COVERED SERVICES REGULATED UNDER ARTICLE  THIRTY-SIX  OF  THIS
CHAPTER,  INCLUDING  THOSE PERTAINING TO SUCH ARTICLE'S REQUIREMENT THAT
SERVICES MEET THE HOME HEALTH AGENCY PROVISIONS UNDER  TITLES  XVIII  OR
XIX OF THE FEDERAL SOCIAL SECURITY ACT. In order to achieve managed long
term  care  plan system efficiencies and coordination and to promote the
objectives of high quality, integrated  and  cost  effective  care,  the

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02736-01-5

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