The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6479
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 18, 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 fiscal  interme-
   diary services under the consumer directed personal assistance program
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 4-a of section 365-f of the social services law
 is amended by adding two new paragraphs (d) and (e) to read as follows:
   (D) (I) THIS PARAGRAPH APPLIES TO A FISCAL  INTERMEDIARY  THAT  IS  AN
 ELIGIBLE ENTITY UNDER PARAGRAPH (A) OF THIS SUBDIVISION AND HAS PROVIDED
 FISCAL  INTERMEDIARY  SERVICES DURING THE CORONAVIRUS EMERGENCY DECLARED
 BY THE GOVERNOR, NOTWITHSTANDING PARAGRAPH (B) OF THIS SUBDIVISION.
   (II) THE FISCAL INTERMEDIARY IS ENTITLED TO CONTINUE TO PROVIDE FISCAL
 INTERMEDIARY SERVICES UNDER THE TERMS APPLICABLE ON JANUARY  FIRST,  TWO
 THOUSAND  TWENTY, AND SHALL BE ENTITLED TO CONTINUE DOING SO UNDER THOSE
 TERMS THROUGH APRIL FIRST, TWO THOUSAND TWENTY-TWO.
   (III) THIS PARAGRAPH SHALL NOT PREVENT  AN  ACTION  TAKEN  UNDER,  AND
 CONSISTENT WITH, SUBDIVISION FOUR-B OF THIS SECTION.
   (E)  (I)  THE  COMMISSIONER  SHALL, WITHIN SIXTY DAYS OF THE EFFECTIVE
 DATE OF THIS  PARAGRAPH,  ISSUE  A  NEW  REQUEST  FOR  APPLICATIONS  FOR
 CONTRACTS  UNDER  PARAGRAPH (B) OF THIS SUBDIVISION. APPLICANTS SHALL BE
 SCORED INCREMENTALLY ON THE CRITERIA IN THAT  PARAGRAPH,  PROVIDED  THAT
 THE  PROCESS  MAKES SURE THAT, TO THE MAXIMUM EXTENT POSSIBLE, THERE ARE
 FISCAL INTERMEDIARIES PROVIDING SERVICES TO APPROPRIATELY SERVE INDIVID-
 UALS PARTICIPATING IN THE PROGRAM,  WITH  GEOGRAPHIC  DISTRIBUTION  THAT
 ENSURES  ACCESS  IN  RURAL  AND  UNDERSERVED  AREAS,  WITH  DEMONSTRATED
 CULTURAL AND LANGUAGE COMPETENCIES SPECIFIC TO THE POPULATION OF CONSUM-
 ERS AND THOSE OF THE AVAILABLE WORKFORCE, WITH ABILITY TO PROVIDE TIMELY
 CONSUMER ASSISTANCE, WITH EXPERIENCE SERVING INDIVIDUALS WITH  DISABILI-
 TIES,  WITH  THE  AVAILABILITY OF CONSUMER PEER SUPPORT, AND WITH DEMON-
 STRATED COMPLIANCE WITH ALL APPLICABLE FEDERAL AND STATE LAWS AND  REGU-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD10502-01-1

 A. 6479                             2
 
 LATIONS, INCLUDING BUT NOT LIMITED TO THOSE RELATING TO WAGES AND LABOR.
 EACH APPLICANT'S INCREMENTAL SCORES, AND ACCOMPANYING NARRATIVE EXPLANA-
 TION  WHERE  APPLICABLE,  SHALL BE PROVIDED TO THE APPLICANT. APPLICANTS
 SHALL BE PROVIDED A PERIOD NOT LESS THAN SIXTY DAYS AFTER BEING PROVIDED
 THEIR  SCORES  TO  RESPOND  WITH  EVIDENCE  INTENDED TO INFLUENCE A POOR
 INCREMENTAL SCORE, OR CORRECT AN ERROR IN A  NARRATIVE  EXPLANATION.  NO
 CONTRACT SHALL BE DENIED UNTIL THE COMMISSIONER HAS EVALUATED THE APPLI-
 CANT'S  RESPONSE  AND  ANY  SUBSEQUENT  DENIAL SHALL INCLUDE A NARRATIVE
 DESCRIBING THE COMMISSIONER'S REASONING FOR THE DENIAL.
   (II) THIS PARAGRAPH SHALL NOT INTERRUPT THE GRANTING OF CONTRACTS, THE
 VALIDITY OF THOSE CONTRACTS, OR THE REOFFERING OF CONTRACTS, THROUGH THE
 PROCESS UNDER PARAGRAPH (B) OF  THIS  SUBDIVISION  BEGUN  PRIOR  TO  THE
 EFFECTIVE DATE OF THIS PARAGRAPH.
   § 2. This act shall take effect immediately.