The New York State Senate

 
                     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.