S T A T E O F N E W Y O R K
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4184
2017-2018 Regular Sessions
I N A S S E M B L Y
February 1, 2017
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Introduced by M. of A. ORTIZ, SANTABARBARA -- read once and referred to
the Committee on Health
AN ACT to amend the mental hygiene law, in relation to the provision of
care and services to persons with developmental or physical disabili-
ties and to directing the commissioner of developmental disabilities
to conduct a demonstration program to identify ways to more efficient-
ly provide such care
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The mental hygiene law is amended by adding a new section
13.43 to read as follows:
§ 13.43 MEDICAID REIMBURSEMENT; DEMONSTRATION PROGRAM.
(A) NOTWITHSTANDING ANY OTHER PROVISION OF LAW OR REGULATION TO THE
CONTRARY, ANY QUALIFIED PROVIDER SHALL BE AUTHORIZED TO PROVIDE CARE AND
SERVICES, AND TO RECEIVE MEDICAID REIMBURSEMENT FOR SUCH CARE AND
SERVICES, TO PERSONS WITH DEVELOPMENTAL OR PHYSICAL DISABILITIES,
INCLUDING:
(1) PERSONS WITH DEVELOPMENTAL OR PHYSICAL DISABILITIES WHO RECEIVE
HOME AND COMMUNITY-BASED SERVICES OR CARE-AT-HOME SERVICES THROUGH
EXISTING WAIVERS UNDER SECTION 1915(C) OF THE FEDERAL SOCIAL SECURITY
ACT OR WHO HAVE CHARACTERISTICS AND NEEDS SIMILAR TO SUCH PERSONS; AND
(2) PERSONS RECEIVING SERVICES PROVIDED BY AN INTERMEDIATE CARE FACIL-
ITY FOR THE DEVELOPMENTALLY DISABLED OR WHO HAVE CHARACTERISTICS AND
NEEDS SIMILAR TO SUCH PERSONS; PROVIDED SUCH QUALIFIED PROVIDER APPLIES
FOR AND OBTAINS THE REQUISITE CERTIFICATION AND APPROVAL FROM THE
COMMISSIONER TO PROVIDE SUCH CARE AND SERVICES.
(B) THE COMMISSIONER SHALL CONDUCT A DEMONSTRATION PROGRAM WITH ONE OR
MORE QUALIFIED FOR-PROFIT PROVIDERS THAT PROVIDE CARE AND SERVICES TO
PERSONS WITH DEVELOPMENTAL OR PHYSICAL DISABILITIES IN ORDER TO IDENTIFY
WAYS TO MORE EFFECTIVELY, EFFICIENTLY AND ECONOMICALLY PROVIDE SUCH CARE
AND SERVICES TO PERSONS WITH DEVELOPMENTAL OR PHYSICAL DISABILITIES;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08881-01-7
A. 4184 2
PROVIDED SUCH QUALIFIED PROVIDER APPLIES FOR AND OBTAINS THE REQUISITE
CERTIFICATION AND APPROVAL FROM THE COMMISSIONER TO PROVIDE SUCH CARE
AND SERVICES. THE COMMISSIONER SHALL SELECT A PROVIDER OR PROVIDERS WITH
DEMONSTRATED EXPERIENCE AND EXPERTISE IN:
(1) PROVIDING SUCH CARE AND SERVICES; AND
(2) PARTNERING WITH STATES TO IMPROVE THE DELIVERY OF SUCH CARE AND
SERVICES.
THE COMMISSIONER MAY, IN THE COMMISSIONER'S DISCRETION, CONDUCT SUCH
DEMONSTRATION PROGRAM AS PART OF A PILOT PROGRAM IN ACCORDANCE WITH AN
APPLICATION MADE UNDER SECTION 1115 OR SECTION 1915 OF THE FEDERAL
SOCIAL SECURITY ACT. THE COMMISSIONER SHALL ANNUALLY REPORT TO THE
GOVERNOR AND LEGISLATURE ON THE OPERATION OF THE DEMONSTRATION PROGRAM
AND ITS EFFECTIVENESS IN IDENTIFYING WAYS TO MORE EFFECTIVELY, EFFI-
CIENTLY AND ECONOMICALLY PROVIDE CARE AND SERVICES TO PERSONS WITH
DEVELOPMENTAL OR PHYSICAL DISABILITIES.
§ 2. This act shall take effect immediately.