S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3777
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 31, 2019
                                ___________
 
 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 the office for  people  with
   developmental disabilities to conduct a demonstration program to iden-
   tify ways to more efficiently 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
 13.45 to read as follows:
 § 13.45 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.
              

                                                            LBD07659-01-9

 A. 3777                             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.