S T A T E O F N E W Y O R K
________________________________________________________________________
11200
I N A S S E M B L Y
June 14, 2018
___________
Introduced by COMMITTEE ON RULES -- (at request of M. of A. Gottfried)
-- read once and referred to the Committee on Health
AN ACT to amend the public health law, in relation to payments for home
and community based long term 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
3614-f to read as follows:
§ 3614-F. PAYMENTS FOR HOME AND COMMUNITY BASED LONG TERM CARE
SERVICES. THE PAYMENT OF CLAIMS SUBMITTED UNDER CONTRACTS OR AGREEMENTS
WITH INSURERS UNDER THE MEDICAL ASSISTANCE PROGRAM FOR HOME AND COMMUNI-
TY BASED LONG TERM CARE SERVICES PROVIDED UNDER THIS ARTICLE OR BY
FISCAL INTERMEDIARIES OPERATING PURSUANT TO SECTION THREE HUNDRED
SIXTY-FIVE-F OF THE SOCIAL SERVICES LAW SHALL PROVIDE THAT ANY FUNDS
APPROPRIATED TO COMPENSATE FOR MINIMUM WAGE PURSUANT TO SECTION SIX
HUNDRED FIFTY-TWO OF THE LABOR LAW SHALL BE PROVIDED BY INSURERS IN
AMENDMENTS TO EXISTING CONTRACTS WITH HOME AND COMMUNITY BASED LONG TERM
CARE SERVICES PROVIDERS UNDER THIS ARTICLE AND TO FISCAL INTERMEDIARIES
OPERATING PURSUANT TO SECTION THREE HUNDRED SIXTY-FIVE-F OF THE SOCIAL
SERVICES LAW AT LEAST NINETY DAYS PRIOR TO THE EFFECTIVE DATE OF ANY
SUCH LAW OR REGULATION IMPACTING WAGES. INSURERS SHALL PROVIDE SUCH
FUNDS IN AN AMOUNT THAT SUPPLEMENTS ANY CURRENT CONTRACTS OR AGREEMENTS
AND SHALL NOT USE SUCH FUNDS TO SUPPLANT PAYMENTS FOR EXISTING SERVICES
UNDER THE MEDICAID PROGRAM. SUCH INSURERS SHALL INCLUDE BUT NOT BE
LIMITED TO MEDICAID MANAGED CARE PLANS AND MEDICAID MANAGED LONG TERM
CARE PLANS.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15643-03-8
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