S T A T E O F N E W Y O R K
________________________________________________________________________
6720
2021-2022 Regular Sessions
I N A S S E M B L Y
March 26, 2021
___________
Introduced by M. of A. D. ROSENTHAL -- read once and referred to the
Committee on Health
AN ACT to amend the social services law, in relation to the requirements
fiscal intermediaries shall meet before contracting with the state
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph (b) of subdivision 4-a of section 365-f of the
social services law, as amended by section 4 of part G of chapter 57 of
the laws of 2019, is amended to read as follows:
(b) Notwithstanding any inconsistent provision of section one hundred
sixty-three of the state finance law, or section one hundred forty-two
of the economic development law the commissioner shall enter into
contracts under this subdivision with eligible contractors [that submit
an offer for a contract, provided, however, that] AS FOLLOWS:
(i) [the department shall post on its website] WITH A FISCAL INTERME-
DIARY THAT WAS SELECTED BY THE COMMISSIONER AS PART OF REQUEST FOR
OFFERS #20039 - NEW YORK STATE FISCAL INTERMEDIARIES FOR THE CONSUMER
DIRECTED PERSONAL ASSISTANCE PROGRAM; AND
(II) WITH THE FOLLOWING FISCAL INTERMEDIARIES, IF SUCH FISCAL INTERME-
DIARIES HAVE RESPONDED TO THE REQUEST FOR OFFERS #20039:
(A) [a description of the proposed services to be provided pursuant to
contracts in accordance with this subdivision] TO MINIMIZE DISRUPTION,
WITH (1) THE FIVE FISCAL INTERMEDIARIES THAT SERVE THE MOST CONSUMERS IN
THE STATE OF NEW YORK DEPARTMENT OF HEALTH RATE REGION ONE; (2) THE FIVE
FISCAL INTERMEDIARIES THAT SERVE THE MOST CONSUMERS IN THE STATE OF NEW
YORK DEPARTMENT OF HEALTH RATE REGION TWO, THREE AND FOUR; AND (3) THE
TOP TEN FISCAL INTERMEDIARIES NOT INCLUDED IN ITEM ONE OR TWO OF THIS
CLAUSE THAT, TOGETHER WITH ITS AFFILIATES, SERVE THE MOST CONSUMERS
STATEWIDE; PROVIDED, HOWEVER, THAT IN EACH CASE THE COMMISSIONER MAY, IN
HIS OR HER DISCRETION, ELECT NOT TO OFFER A CONTRACT TO AN ENTITY THAT
SCORED IN THE BOTTOM FIFTIETH PERCENTILE OF APPLICANTS;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10495-02-1
A. 6720 2
(B) [that the selection of contractors shall be based on criteria
reasonably related to the contractors' ability to provide fiscal inter-
mediary services including but not limited to: ability to appropriately
serve individuals participating in the program, geographic distribution
that would ensure access in rural and underserved areas, demonstrated
cultural and language competencies specific to the population of consum-
ers and those of the available workforce, ability to provide timely
consumer assistance, experience serving individuals with disabilities,
the availability of consumer peer support, and demonstrated compliance
with all applicable federal and state laws and regulations, including
but not limited to those relating to wages and labor] TO ENSURE CONSUMER
CHOICE, WITH AN ADDITIONAL TEN FISCAL INTERMEDIARIES THAT HAVE SUBSTAN-
TIAL EXPERIENCE AND KNOWLEDGE WITH THE CONSUMER DIRECTED PERSONAL
ASSISTANCE PROGRAM AND HOME CARE SERVICES, INCLUDING PROVIDING FISCAL
INTERMEDIARIES SERVICES PRIOR TO TWO THOUSAND TWELVE;
(C) [the manner by which prospective contractors may seek such
selection, which may include submission by electronic means] TO SERVE
SPECIAL POPULATIONS, WITH (1) AN ADDITIONAL TEN FISCAL INTERMEDIARIES
THAT HAVE EXPERIENCE SERVING DISABLED OR OTHER HIGH NEEDS POPULATIONS OR
CULTURAL COMPETENCE IN SERVING CERTAIN RACIAL AND ETHNIC POPULATIONS;
AND (2) WITH TEN FISCAL INTERMEDIARIES THAT ARE NOT-FOR-PROFIT ENTITIES
OR MINORITY OR WOMEN-OWNED BUSINESSES OR ENTITIES, PARTICULARLY THOSE
SERVING POPULATIONS THAT ARE IN TRADITIONALLY UNDERSERVED COMMUNITIES;
AND
(D) TO ENSURE GEOGRAPHIC DIVERSITY, WITH UP TO TEN ADDITIONAL FISCAL
INTERMEDIARIES TO ENSURE THERE IS AT LEAST ONE LEAD FISCAL INTERMEDIARY
HEADQUARTERED IN EACH COUNTY WITH A POPULATION OF OVER TWO HUNDRED THOU-
SAND
[(ii) all reasonable and responsive offers that are received from
prospective contractors in timely fashion shall be reviewed by the
commissioner;
(iii) the commissioner shall award such contracts to the contractors
that best meet the criteria for selection and are best suited to serve
the purposes of this section and the needs of consumers;
(iv) all entities providing fiscal intermediary services on or before
April first, two thousand nineteen, shall submit an offer for a contract
under this section within sixty days after the commissioner publishes
the initial offer on the department's website. Such entities shall be
deemed authorized to provide such services unless: (A) the entity fails
to submit an offer for a contract under this section within the sixty
days; or (B) the entity's offer for a contract under this section is
denied;
(v) all decisions made and approaches taken pursuant to this paragraph
shall be documented in a procurement record as defined in section one
hundred sixty-three of the state finance law; and
(vi) the commissioner is authorized to reoffer contracts under the
same terms of this subdivision, if determined necessary by the commis-
sioner].
§ 2. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after January 1, 2021.