NY State Senate Bill S6694

Archive: Last Bill Status - Passed Senate

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed/Vetoed by Governor

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Actions

view actions (8)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 04, 2020	referred to ways and means delivered to assembly passed senate
Jan 22, 2020	advanced to third reading
Jan 21, 2020	2nd report cal.
Jan 15, 2020	1st report cal.184
Jan 08, 2020	referred to mental health and developmental disabilities
Sep 06, 2019	referred to rules

Votes

view votes

Feb 4, 2020 - floor Vote

S6694

floor

Aye

Nay

Absent

Excused

Abstained

Jan 15, 2020 - Mental Health committee Vote

S6694

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

show Mental Health committee vote details

Mental Health Committee Vote: Jan 15, 2020

aye (6)

aye wr (1)

Ortt

Co-Sponsors

S6694 (ACTIVE) - Details

See Assembly Version of this Bill:: A7935
Law Section:: Mental Hygiene Law
Laws Affected:: Amd §7.07, Ment Hyg L
Versions Introduced in Other Legislative Sessions:: 2021-2022: S3476, A5878
2023-2024: S5773, A4330

S6694 (ACTIVE) - Summary

Establishes a workgroup to conduct analysis on the ambulatory patient group rates and commercial insurance rates for behavioral health services.

S6694 (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S6694

SPONSOR: CARLUCCI
 
TITLE OF BILL:  An act to amend the mental hygiene law, in relation to
establishing a workgroup to conduct analysis on the ambulatory patient
group rates and commercial insurance rates for behavioral health
services

 
PURPOSE:

The purpose of this bill is to ensure that mental health and substance
use service providers have fisca11y viable programs.

 
SUMMARY OF PROVISIONS:

This bill would require the commissioner of the Office of Mental Health
(CMH) in collaboration with the commissioner of the Department of Health
(DOH), and commissioner of the Office of Alcoholism and Subtance Abuse
Services (OASAS) to establish a workgroup that would consist of behav-
ioral health providers and other relevant stakeholders.

The workgroup would be tasked with conducting an analysis of the APG and
commercial insurance rates for behavioral health services and develop a
repart which would make recommendations pertaining to the following:

*Rate adequacy related to the existing APC, reimbursement provided under
Medicaid managed care, as well as for commercial insurance rates:
*The actual costs of care associated with the delivery of behavioral
health services;
*One or more alternative reimbursement models that would adequately
compensate clinics for their costs of care under Medicaid managed care
and child health plus; and
*Any policy or fiscal resources necessary to carry out the recommenda-
tions of the report developed pursuant to this section.

The report eouid be submitted to the governor, the speaker of the assem-
bly, and the temporary president of the senate no later than October 1,
2021.

 
STATEMENT OF SUPPORT:

The enacted budget for state fiscal year 201'2020 extended the legal
authority for the state mandate to provide behavioral health service
providers the APG rate for services rendered until March 31, 2023.

Generally, the APG payment methodolcov allows for greater payment hono-
geneity for comparable services across all ambulatory care settings.

Most importantly, the APG rate has given behavioral health service
providers assurance that they will receive a rate for service which will
enable such providers to maintain a fiscally viable program.

However, concerns have been raised by the behavioral health advocacy and
service provider community that the APG rates are not keeping pace with
the costs of care. Providers have a ranges of fixed and variable costs
which a11 continne to rise, such as maintenace of facilities, providing
staff benefits, etc. In addition, commercial insurance rates are far
less and must be brought on par with APG rates to ensure equal access to
care for commercial insurance beneficiaries.
This bill would help to ensure that behavioral health programs can
provide quality care and maintain fiscal viabilty by requiring the
commissioner of OMH in collaboration with the commissioner of DOH, and
the commissioner of OASAS to establish a workgroup that would be tasked
with conducting an analysis of the APG and  commercial insurance rates
for behavioral health services and make recommendations that would
assist the State in providing an adequate service rate which reflects
the cost of care.

 
PRIOR LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS:

Undetermined.

 
EFFECTIVE DATE:
This act shall take effect on the ninetieth after it shall have become
law.

S6694 (ACTIVE) - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6694

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                            September 6, 2019
                               ___________

Introduced  by Sen. CARLUCCI -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

AN ACT to amend the mental hygiene law, in relation  to  establishing  a
  workgroup  to  conduct  analysis on the ambulatory patient group rates
  and commercial insurance rates for behavioral health services

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 7.07 of the mental hygiene law is amended by adding
a new subdivision (h) to read as follows:
  (H)  1.  THE  COMMISSIONER  OF THE OFFICE OF MENTAL HEALTH, IN COLLAB-
ORATION WITH THE COMMISSIONER  OF  THE  DEPARTMENT  OF  HEALTH  AND  THE
COMMISSIONER  OF  THE  OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES
ARE DIRECTED TO CONVENE AND JOINTLY CHAIR, EITHER DIRECTLY OR THROUGH  A
DESIGNEE  OR DESIGNEES, A WORKGROUP, WHICH SHALL INCLUDE MEMBERSHIP THAT
ENSURES ADEQUATE STATEWIDE GEOGRAPHIC REPRESENTATION SELECTED WITH EQUAL
CONTRIBUTIONS ON SUCH SELECTION FROM THE GOVERNOR, THE  SPEAKER  OF  THE
ASSEMBLY  AND  TEMPORARY PRESIDENT OF THE SENATE AND BE COMPRISED OF THE
FOLLOWING MEMBERS: (I) PROFESSIONAL ASSOCIATIONS REPRESENTING  SUBSTANCE
USE,  MENTAL  HEALTH, AND/OR BEHAVIORAL HEALTH PROVIDERS; (II) REPRESEN-
TATIVES FROM PROFESSIONAL ASSOCIATIONS REPRESENTING  PROVIDERS  OF  PEER
AND  RECOVERY-BASED  PROGRAMS  AND  SERVICES; (III) REPRESENTATIVES FROM
PROFESSIONAL  ASSOCIATIONS  REPRESENTING  MEDICATED  ASSISTED  TREATMENT
PROVIDERS;  (IV)  REPRESENTATIVES FROM PROFESSIONAL ASSOCIATIONS REPRES-
ENTING CHILDREN'S BEHAVIORAL HEALTH PROVIDERS; (V) REPRESENTATIVES  FROM
HOSPITAL ASSOCIATIONS; (VI) REPRESENTATIVES FROM ASSOCIATIONS REPRESENT-
ING  BEHAVIORAL HEALTH CONSUMERS AND FAMILY MEMBERS; AND (VII) ANY ADDI-
TIONAL STAKEHOLDER OR EXPERT  THAT  THE  COMMISSIONERS  DEEM  NECESSARY.
MEMBERS  OF  THE  WORKGROUP SHALL SERVE WITHOUT COMPENSATION, BUT MAY BE
REIMBURSED FOR ACTUAL COSTS INCURRED FOR  PARTICIPATION  ON  SUCH  WORK-
GROUP.  2.  THE  WORKGROUP  SHALL  CONDUCT AN ANALYSIS ON THE AMBULATORY
PATIENT GROUP RATES AND COMMERCIAL INSURANCE RATES FOR BEHAVIORAL HEALTH

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD11227-01-9

S. 6694                             2

SERVICES FOR THE PURPOSE OF  DEVELOPING  A  REPORT  THAT  SHALL  PROVIDE
RECOMMENDATIONS  ON  THE  FOLLOWING:  (I)  RATE  ADEQUACY RELATED TO THE
EXISTING AMBULATORY PATIENT  GROUP-BASED  REIMBURSEMENT  PROVIDED  UNDER
MEDICAID  MANAGED  CARE,  AS WELL AS FOR COMMERCIAL INSURANCE RATES WITH
REGARDS TO SERVICES RENDERED UNDER CHILD HEALTH PLUS,  OR  FOR  SERVICES
PROVIDED BY CLINICS LICENSED OR CERTIFIED PURSUANT TO ARTICLE THIRTY-ONE
OR  THIRTY-TWO  OF  THIS  CHAPTER  OR DUALLY LICENSED OR CERTIFIED UNDER
ARTICLE THIRTY-ONE OR THIRTY-TWO OF THIS  CHAPTER  AND  ARTICLE  TWENTY-
EIGHT OF THE PUBLIC HEALTH LAW; (II) THE ACTUAL COSTS OF CARE ASSOCIATED
WITH  THE  DELIVERY  OF  BEHAVIORAL  HEALTH  SERVICES; (III) ONE OR MORE
ALTERNATIVE REIMBURSEMENT MODELS THAT WOULD ADEQUATELY COMPENSATE  CLIN-
ICS  LICENSED  OR HOLDING AN OPERATING CERTIFICATE UNDER ARTICLE THIRTY-
ONE OR THIRTY-TWO OF THIS CHAPTER OR DUALLY LICENSED UNDER ARTICLE THIR-
TY-ONE OR THIRTY-TWO OF THIS CHAPTER AND  ARTICLE  TWENTY-EIGHT  OF  THE
PUBLIC  HEALTH  LAW  FOR THEIR COSTS OF CARE UNDER MEDICAID MANAGED CARE
AND CHILD HEALTH PLUS; AND (IV) ANY POLICY OR FISCAL RESOURCES NECESSARY
TO CARRY OUT THE RECOMMENDATIONS OF THE  REPORT  DEVELOPED  PURSUANT  TO
THIS SECTION. THE REPORT SHALL BE SUBMITTED TO THE GOVERNOR, THE SPEAKER
OF  THE ASSEMBLY AND THE TEMPORARY PRESIDENT OF THE SENATE NO LATER THAN
OCTOBER FIRST, TWO THOUSAND TWENTY-ONE.
  § 2. This act shall take effect on the ninetieth day  after  it  shall
have become a law.

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The New York State Senate

senate Bill S6694

Sponsored By

Archive: Last Bill Status - Passed Senate

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Votes

Feb 4, 2020 - floor Vote

Floor Vote: Feb 4, 2020

Jan 15, 2020 - Mental Health committee Vote

Mental Health Committee Vote: Jan 15, 2020

Co-Sponsors

S6694 (ACTIVE) - Details

S6694 (ACTIVE) - Summary

S6694 (ACTIVE) - Sponsor Memo

S6694 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S6694

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Sponsored By

David Carlucci

Archive: Last Bill Status - Passed Senate

Your Voice

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Votes

Feb 4, 2020 - floor Vote

Floor Vote: Feb 4, 2020

Jan 15, 2020 - Mental Health committee Vote

Mental Health Committee Vote: Jan 15, 2020

Co-Sponsors

Pete Harckham

Kevin S. Parker

S6694 (ACTIVE) - Details

S6694 (ACTIVE) - Summary

S6694 (ACTIVE) - Sponsor Memo

S6694 (ACTIVE) - Bill Text download pdf

Comments