S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    269
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  M.  of  A.  GOTTFRIED  --  read once and referred to the
   Committee on Health
 
 AN ACT to amend the social services law, in relation to requirements for
   certain state programs to obtain federal financial  supports  for  the
   implementation of a delivery system reform incentive payment program
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 363-a of the social  services  law  is  amended  by
 adding a new subdivision 5 to read as follows:
   5.  NOTWITHSTANDING  ANY  PROVISION  OF LAW, REGULATION, RULE, FEDERAL
 WAIVER REQUEST, OR AGENCY GUIDANCE TO THE CONTRARY,  ANY  STATE  PROGRAM
 IMPLEMENTED  PURSUANT  TO AN AGREEMENT WITH THE CENTERS FOR MEDICARE AND
 MEDICAID SERVICES TO OBTAIN FEDERAL FINANCIAL SUPPORTS FOR THE IMPLEMEN-
 TATION OF A DELIVERY SYSTEM REFORM INCENTIVE PAYMENT  ("DSRIP")  PROGRAM
 CONSISTENT  WITH  SECTION 1115A OF THE FEDERAL SOCIAL SECURITY ACT SHALL
 REQUIRE THAT A MINIMUM OF FORTY PERCENT OF ALL FUNDS AWARDED PURSUANT TO
 A STATE DSRIP PROGRAM ON  OR  AFTER  THE  DATE  THIS  SUBDIVISION  TAKES
 EFFECT,  SHALL BE DISBURSED TO COMMUNITY-BASED HEALTH CARE PROVIDERS FOR
 THE EXCLUSIVE PURPOSE OF SUPPORTING THE PROGRAMS AND SERVICES DEFINED IN
 THIS SUBDIVISION. FOR  PURPOSES  OF  THIS  SUBDIVISION,  COMMUNITY-BASED
 HEALTH  CARE  PROVIDERS  SHALL  BE DEFINED AS A DIAGNOSTIC AND TREATMENT
 CENTER LICENSED OR GRANTED AN OPERATING CERTIFICATE UNDER ARTICLE  TWEN-
 TY-EIGHT  OF  THE PUBLIC HEALTH LAW OTHER THAN THOSE OWNED, OPERATED, OR
 CONTROLLED BY A GENERAL HOSPITAL  AS  DEFINED  IN  SECTION  TWENTY-EIGHT
 HUNDRED ONE OF THE PUBLIC HEALTH LAW; A MENTAL HEALTH OUTPATIENT PROVID-
 ER LICENSED OR GRANTED AN OPERATING CERTIFICATE UNDER ARTICLE THIRTY-ONE
 OF  THE  MENTAL HYGIENE LAW; A SUBSTANCE USE DISORDER TREATMENT PROVIDER
 LICENSED OR GRANTED AN OPERATING CERTIFICATE UNDER ARTICLE THIRTY-TWO OF
 THE MENTAL HYGIENE LAW;  A  CLINIC  LICENSED  OR  GRANTED  AN  OPERATING
 CERTIFICATE  UNDER ARTICLE SIXTEEN OF THE MENTAL HYGIENE LAW; A PATIENT-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD00573-01-1

 A. 269                              2
 
 CENTERED MEDICAL HOME OTHER THAN THOSE OWNED, OPERATED, OR CONTROLLED BY
 A GENERAL HOSPITAL AS DEFINED IN SECTION TWENTY-EIGHT HUNDRED ONE OF THE
 PUBLIC HEALTH LAW; A COMMUNITY-BASED PROGRAM FUNDED UNDER THE OFFICE  OF
 MENTAL  HEALTH,  THE  OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES,
 THE OFFICE OF ADDICTION SERVICES AND SUPPORTS OR THROUGH A LOCAL GOVERN-
 MENT UNIT AS DEFINED UNDER ARTICLE FORTY-ONE OF THE MENTAL  HYGIENE  LAW
 (EXCEPT PROGRAMS ELIGIBLE FOR FUNDING AS PART OF A DSRIP SOCIAL DETERMI-
 NANT  OF  HEALTH  NETWORK);  A  HOME CARE PROVIDER CERTIFIED OR LICENSED
 PURSUANT TO ARTICLE THIRTY-SIX OF  THE  PUBLIC  HEALTH  LAW;  A  HOSPICE
 PROVIDER  LICENSED  OR  GRANTED  AN  OPERATING CERTIFICATE UNDER ARTICLE
 FORTY OF THE PUBLIC HEALTH LAW; OR A FAMILY AND CHILD  SERVICE  PROVIDER
 LICENSED UNDER ARTICLE TWENTY-NINE-I OF THE PUBLIC HEALTH LAW.
   § 2. This act shall take effect immediately.