S T A T E O F N E W Y O R K
________________________________________________________________________
10010
I N A S S E M B L Y
March 4, 2020
___________
Introduced by M. of A. GOTTFRIED -- read once and referred to the
Committee on Health
AN ACT to amend the social services law, in relation to requirements for
certain state programs to obtain federal financial supports for the
implementation of a delivery system reform incentive payment program
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 363-a of the social services law is amended by
adding a new subdivision 5 to read as follows:
5. NOTWITHSTANDING ANY PROVISION OF LAW, REGULATION, RULE, FEDERAL
WAIVER REQUEST, OR AGENCY GUIDANCE TO THE CONTRARY, ANY STATE PROGRAM
IMPLEMENTED PURSUANT TO AN AGREEMENT WITH THE CENTERS FOR MEDICARE AND
MEDICAID SERVICES TO OBTAIN FEDERAL FINANCIAL SUPPORTS FOR THE IMPLEMEN-
TATION OF A DELIVERY SYSTEM REFORM INCENTIVE PAYMENT ("DSRIP") PROGRAM
CONSISTENT WITH SECTION 1115A OF THE FEDERAL SOCIAL SECURITY ACT SHALL
REQUIRE THAT A MINIMUM OF FORTY PERCENT OF ALL FUNDS AWARDED PURSUANT TO
A STATE DSRIP PROGRAM ON OR AFTER NOVEMBER TWENTY-SEVENTH, TWO THOUSAND
NINETEEN, SHALL BE DISBURSED TO COMMUNITY-BASED HEALTH CARE PROVIDERS
FOR THE EXCLUSIVE PURPOSE OF SUPPORTING THE PROGRAMS AND SERVICES
DEFINED IN THIS SUBDIVISION. FOR PURPOSES OF THIS SUBDIVISION, COMMUNI-
TY-BASED HEALTH CARE PROVIDERS SHALL BE DEFINED AS A DIAGNOSTIC AND
TREATMENT CENTER LICENSED OR GRANTED AN OPERATING CERTIFICATE UNDER
ARTICLE TWENTY-EIGHT OF THE PUBLIC HEALTH LAW OTHER THAN THOSE OWNED,
OPERATED, OR CONTROLLED BY A GENERAL HOSPITAL AS DEFINED IN SECTION
TWENTY-EIGHT HUNDRED ONE OF THE PUBLIC HEALTH LAW; A MENTAL HEALTH
OUTPATIENT PROVIDER LICENSED OR GRANTED AN OPERATING CERTIFICATE UNDER
ARTICLE THIRTY-ONE OF THE MENTAL HYGIENE LAW; A SUBSTANCE USE DISORDER
TREATMENT PROVIDER LICENSED OR GRANTED AN OPERATING CERTIFICATE UNDER
ARTICLE THIRTY-TWO OF THE MENTAL HYGIENE LAW; A CLINIC LICENSED OR
GRANTED AN OPERATING CERTIFICATE UNDER ARTICLE SIXTEEN OF THE MENTAL
HYGIENE LAW; A PATIENT-CENTERED MEDICAL HOME OTHER THAN THOSE OWNED,
OPERATED, OR CONTROLLED BY A GENERAL HOSPITAL AS DEFINED IN SECTION
TWENTY-EIGHT HUNDRED ONE OF THE PUBLIC HEALTH LAW; A COMMUNITY-BASED
PROGRAM FUNDED UNDER THE OFFICE OF MENTAL HEALTH, THE OFFICE FOR PEOPLE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15406-01-0
A. 10010 2
WITH DEVELOPMENTAL DISABILITIES, THE OFFICE OF ADDICTION SERVICES AND
SUPPORTS OR THROUGH A LOCAL GOVERNMENT UNIT AS DEFINED UNDER ARTICLE
FORTY-ONE OF THE MENTAL HYGIENE LAW (EXCEPT PROGRAMS ELIGIBLE FOR FUND-
ING AS PART OF A DSRIP SOCIAL DETERMINANT OF HEALTH NETWORK); A HOME
CARE PROVIDER CERTIFIED OR LICENSED PURSUANT TO ARTICLE THIRTY-SIX OF
THE PUBLIC HEALTH LAW; A HOSPICE PROVIDER LICENSED OR GRANTED AN OPERAT-
ING CERTIFICATE UNDER ARTICLE FORTY OF THE PUBLIC HEALTH LAW; OR A FAMI-
LY AND CHILD SERVICE PROVIDER LICENSED UNDER ARTICLE TWENTY-NINE-I OF
THE PUBLIC HEALTH LAW.
§ 2. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2020.