Senate Bill S4971

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4971
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               April 3, 2019
                                ___________
 
 Introduced  by  Sen.  RIVERA -- read twice and ordered printed, and when
   printed to be committed to the Committee on Health
 
 AN ACT to amend the public health law, in relation to  the  distribution
   of  moneys  received by managed long term care programs from the state
   for medicaid patients

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraph  (b)  of  subdivision 10 of section 3614 of the
 public health law, as amended by section 5 of part C of chapter  109  of
 the laws of 2006, is amended and a new paragraph (e) is added to read as
 follows:
   (b) Programs which have their rates adjusted pursuant to this subdivi-
 sion shall use such funds solely for the purposes of recruitment, train-
 ing and retention of non-supervisory home care services workers or other
 personnel  with  direct  patient care responsibility. Such purpose shall
 include the recruitment, training and retention of non-supervisory  home
 care  services  workers or any worker with direct patient care responsi-
 bility employed in licensed home care services agencies  under  contract
 with  such  agencies.  Such agencies are prohibited from using such fund
 for any other purpose. For purposes of the long term  home  health  care
 program,  such payment shall be treated as supplemental payments and not
 effect any current cost cap requirement. FOR  PURPOSES  OF  THE  MANAGED
 LONG  TERM  CARE  PROGRAM,  PLANS  SHALL  DISTRIBUTE SUCH FUNDS IN THEIR
 ENTIRETY USING A REASONABLE METHODOLOGY. SUCH PAYMENTS SHALL BE  SUPPLE-
 MENTAL TO REIMBURSEMENT RATES, AND PLANS SHALL PROVIDE WRITTEN NOTIFICA-
 TION  TO EACH CONTRACTED AGENCY INDICATING THE AMOUNT OF FUNDS DISBURSED
 FOR THE PURPOSE OF RECRUITMENT, TRAINING AND RETENTION OF NON-SUPERVISO-
 RY HOME CARE SERVICES WORKERS OR ANY PERSONNEL WITH DIRECT PATIENT  CARE
 RESPONSIBILITY. Each such agency shall submit, at a time and in a manner
 determined  by  the commissioner, a written certification attesting that
 such funds will be used solely for the purpose of recruitment,  training
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD11031-01-9

 S. 4971                             2
 
 and retention of non-supervisory home health aides or any personnel with
 direct  patient care responsibility. WHEN SUBMITTING ATTESTATIONS TO THE
 DEPARTMENT, MANAGED LONG TERM CARE PLANS SHALL INCLUDE  THE  METHODOLOGY
 UTILIZED IN THE DISBURSEMENT OF FUNDS. The commissioner is authorized to
 audit  each such agency or program to ensure compliance with the written
 certification required by this subdivision and shall  recoup  any  funds
 determined  to  have  been  used for purposes other than recruitment and
 retention of non-supervisory home health aides or other  personnel  with
 direct patient care responsibility. Such recoupment shall be in addition
 to any other penalties provided by law.
   (E)  THE DEPARTMENT SHALL PROVIDE A REPORT TO THE CHAIRS OF THE SENATE
 FINANCE COMMITTEE, ASSEMBLY WAYS AND MEANS COMMITTEE, AND SENATE  HEALTH
 AND  ASSEMBLY  HEALTH COMMITTEES.   SUCH REPORT SHALL BE SUBMITTED ON OR
 BEFORE JANUARY FIRST, TWO THOUSAND TWENTY AND SHALL INCLUDE THE DISTRIB-
 UTION OF MONIES BY PLAN AND PROVIDER OF THE  FUNDS  SET  FORTH  IN  THIS
 SUBDIVISION.
   § 2. This act shall take effect immediately.