S T A T E O F N E W Y O R K
________________________________________________________________________
179
2021-2022 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 6, 2021
___________
Introduced by M. of A. GOTTFRIED, SIMON, PERRY, JACOBSON, FERNANDEZ,
WEPRIN, SEAWRIGHT, OTIS, DINOWITZ, CARROLL, CYMBROWITZ, HEVESI,
SAYEGH, LUPARDO, RICHARDSON, GALEF, BRONSON -- read once and referred
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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00582-01-1
A. 179 2
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.