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Assembly Bill A2788A

2019-2020 Legislative Session

Relates to payments for home and community based long term care services

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Archive: Last Bill Status - In Assembly Committee

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Bill Amendments

co-Sponsors

2019-A2788 - Details

See Senate Version of this Bill:
S4972
Current Committee:
Assembly Ways And Means
Law Section:
Public Health Law
Laws Affected:
Add §3614-f, Pub Health L
Versions Introduced in Other Legislative Sessions:
2017-2018: A11200, S8473
2021-2022: A161, S2526
2023-2024: A7473, S5473
2025-2026: A2220

2019-A2788 - Summary

Relates to payments for home and community based long term care services; provides that funds appropriated to compensate for minimum wage requirements, shall not be subject to managed care risk adjustment on insurers.

2019-A2788 - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2788
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 25, 2019
                                ___________
 
 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 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.
                                                            LBD03873-01-9

co-Sponsors

2019-A2788A (ACTIVE) - Details

See Senate Version of this Bill:
S4972
Current Committee:
Assembly Ways And Means
Law Section:
Public Health Law
Laws Affected:
Add §3614-f, Pub Health L
Versions Introduced in Other Legislative Sessions:
2017-2018: A11200, S8473
2021-2022: A161, S2526
2023-2024: A7473, S5473
2025-2026: A2220

2019-A2788A (ACTIVE) - Summary

Relates to payments for home and community based long term care services; provides that funds appropriated to compensate for minimum wage requirements, shall not be subject to managed care risk adjustment on insurers.

2019-A2788A (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2788--A
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 25, 2019
                                ___________
 
 Introduced  by  M.  of A. GOTTFRIED, JAFFEE -- read once and referred to
   the Committee on Health -- recommitted to the Committee on  Health  in
   accordance  with Assembly Rule 3, sec. 2 -- committee discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee

 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.  CONTRACTS  OR  AGREEMENTS  WITH  INSURERS  UNDER  THE MEDICAL
 ASSISTANCE PROGRAM FOR HOME AND COMMUNITY BASED LONG TERM CARE  SERVICES
 PROVIDED UNDER THIS ARTICLE OR BY FISCAL INTERMEDIARIES OPERATING PURSU-
 ANT  TO  SECTION  THREE  HUNDRED SIXTY-FIVE-F OF THE SOCIAL SERVICES LAW
 SHALL PROVIDE TERMS AND CONDITIONS FOR THE PASS-THROUGH OF FUNDS  APPRO-
 PRIATED  TO  COMPENSATE FOR MINIMUM WAGE PURSUANT TO SECTION SIX HUNDRED
 FIFTY-TWO OF THE LABOR LAW.  IF NECESSARY IN ORDER TO COMPLY  WITH  THIS
 SECTION, EXISTING CONTRACTS WITH HOME AND COMMUNITY BASED LONG TERM CARE
 SERVICES PROVIDERS UNDER THIS ARTICLE AND TO FISCAL INTERMEDIARIES OPER-
 ATING  PURSUANT  TO  SECTION  THREE  HUNDRED  SIXTY-FIVE-F OF THE SOCIAL
 SERVICES LAW SHALL BE AMENDED AT LEAST NINETY DAYS PRIOR TO  THE  EFFEC-
 TIVE  DATE OF ANY SUCH LAW OR REGULATION IMPACTING WAGES. INSURERS 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 and shall apply  to  poli-
 cies  and  contracts issued, renewed, modified, altered or amended on or
 after such date.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03873-02-0

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