NY State Senate Bill S8361

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 (7)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jul 22, 2020	referred to health delivered to assembly passed senate ordered to third reading cal.903
Jul 21, 2020	reported and committed to rules
Jul 20, 2020	reported and committed to finance
May 19, 2020	referred to health

Votes

view votes

Jul 22, 2020 - floor Vote

S8361

floor

Aye

Nay

Absent

Excused

Abstained

Jul 22, 2020 - Rules committee Vote

S8361

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Jul 21, 2020 - Finance committee Vote

S8361

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Jul 20, 2020 - Health committee Vote

S8361

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Co-Sponsors

view additional co-sponsors

S8361 (ACTIVE) - Details

See Assembly Version of this Bill:: A10451
Current Committee:: Assembly Health
Law Section:: Public Health Law
Laws Affected:: Add §3614-f, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2021-2022: S2543, A179
2023-2024: S2928

S8361 (ACTIVE) - Summary

Provides for insurance reimbursement for expenses related to the provision of personal protective equipment (PPE) for direct care workers, care recipients and an emergency inventory of a ninety-day supply of PPE.

S8361 (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S8361

SPONSOR: RIVERA
 
TITLE OF BILL:

An act to amend the public health law, in relation to payments for
personal protective equipment for home and community based long term
care services

 
PURPOSE OR GENERAL IDEA OF BILL:

Allows for funding paid by the state to Managed Long Term Care Plans
(MLTCS) to support PPE acquisition for home care workers and personal
assistants to protect them from COVID-19 and the infection of their
patients.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 adds a new section 3614-f to provide for funding by MLTCS to
provide for the payment to home care agencies and fiscal intermediaries
for the purchase of PPE for home health care workers.

Section 2 establishes the effective date.

 
JUSTIFICATION:

Home care workers keep the most vulnerable patients in their homes,
protecting them and the public from the spread of COVID-19. In addition,
as a result of recent Executive Orders hospitals may not discharge
COVID-19 positive individuals to nursing homes but may discharge them to
home health care. The need for PPE for the protection of home care work-
ers, personal assistants, and home care patients is paramount.

Home care agencies have struggled to find and afford PPE with delays by
suppliers, outbidding of orders or government agencies commandeering
shipments. The increased costs have far exceeded reimbursement rates
paid by Managed Long Term Care plans to home care agencies.

Since the beginning of the pandemic in New York, a percentage of home
care clients have chosen to refuse service, due to increased concerns
about exposure to COVID-19. As a result, Managed Long Term Care Plans
(MLTCs) paid by the state on a per member per month premium have gener-
ated $52 million per month in revenue surpluses that are available for
the purchase of PPE. This legislation makes clear that plans (MLTCs) as
well as home care agencies have an obligation to assist in the provision
of PPE by home care agencies to protect home care workers and the
vulnerable elderly and disabled they care for.

This legislation requires that funding be passed through to providers of
home care and personal assistant services. This funding assistance can
be supported in the short term by a redistribution of the underspending
by MLTCs to fund increased and ongoing PPE needs as a result of the
pandemic.

 
LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS:
None

 
EFFECTIVE DATE:
The legislation takes effect immediately.

S8361 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8361
 
                             I N  S E N A T E
 
                               May 19, 2020
                                ___________
 
 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  payments  for
   personal  protective  equipment 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 PERSONAL  PROTECTIVE  EQUIPMENT  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 COMMUNITY 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
 INCLUDE REIMBURSEMENT FOR EXPENSES RELATED TO THE PROVISION OF  PERSONAL
 PROTECTIVE  EQUIPMENT (PPE) FOR DIRECT CARE WORKERS, CARE RECIPIENTS AND
 AN EMERGENCY INVENTORY OF A NINETY-DAY SUPPLY OF PPE. SUCH REIMBURSEMENT
 SHALL BE CLEARLY IDENTIFIED AS AN ADDITION TO BASE RATES OF PAYMENTS AND
 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. DETERMINATION OF A STANDARDIZED  AMOUNT  FOR
 PPE  WILL BE ADJUSTED ANNUALLY AND WILL TAKE INTO CONSIDERATION CLINICAL
 BEST PRACTICES FOR PPE USE  AND  CURRENT  AND  PROJECTED  PUBLIC  HEALTH
 CONSIDERATIONS  THAT COULD RESULT IN INCREASED NEED FOR PPE SUPPLIES. IN
 THE EVENT OF A DECLARATION OF A STATE  OF  EMERGENCY,  RATE  ADJUSTMENTS
 SHALL  BE  REVIEWED AND IMPLEMENTED WITHIN THIRTY DAYS TO ACCOMMODATE AN
 IMMEDIATE NEED FOR INCREASED SUPPLIES OF PPE. PROVIDED THAT  NO  PORTION
 OF  THE  DOLLARS  SPENT  OR  TO BE SPENT TO SATISFY THE NEED FOR PPE FOR
 WORKERS UNDER THIS SECTION SHALL BE RETAINED OR USED FOR ANOTHER  MANNER
 BY THE HOME AND COMMUNITY BASED LONG TERM CARE PROVIDER OR FISCAL INTER-
 MEDIARY  IN RECEIPT OF THE FUNDING AND FURTHER THAT INSURERS AND PROVID-
 ERS SHALL REPORT COMPLIANCE WITH THIS SECTION TO  THE  DEPARTMENT  AS  A
 COMPONENT OF STANDARDIZED COST REPORTS REQUIRED BY THE DEPARTMENT.
   § 2. This act shall take effect immediately.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD16400-01-0

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The New York State Senate

senate Bill S8361

Sponsored By

Archive: Last Bill Status - Passed Senate

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Votes

Jul 22, 2020 - floor Vote

Floor Vote: Jul 22, 2020

Jul 22, 2020 - Rules committee Vote

Rules Committee Vote: Jul 22, 2020

Jul 21, 2020 - Finance committee Vote

Finance Committee Vote: Jul 21, 2020

Jul 20, 2020 - Health committee Vote

Health Committee Vote: Jul 20, 2020

Co-Sponsors

S8361 (ACTIVE) - Details

S8361 (ACTIVE) - Summary

S8361 (ACTIVE) - Sponsor Memo

S8361 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S8361

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Archive: Last Bill Status - Passed Senate

Your Voice

Actions

Votes

Jul 22, 2020 - floor Vote

Floor Vote: Jul 22, 2020

Jul 22, 2020 - Rules committee Vote

Rules Committee Vote: Jul 22, 2020

Jul 21, 2020 - Finance committee Vote

Finance Committee Vote: Jul 21, 2020

Jul 20, 2020 - Health committee Vote

Health Committee Vote: Jul 20, 2020

Co-Sponsors

S8361 (ACTIVE) - Details

S8361 (ACTIVE) - Summary

S8361 (ACTIVE) - Sponsor Memo

S8361 (ACTIVE) - Bill Text download pdf

Comments