Assembly Bill A9457

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9457
 
                           I N  A S S E M B L Y
 
                               March 7, 2022
                                ___________
 
 Introduced  by  M.  of  A.  EICHENSTEIN -- read once and referred to the
   Committee on Health
 
 AN ACT to amend the social services law, in relation to the process  for
   the  selection  of  fiscal intermediary   services contractors for the
   consumer directed personal assistance program;  to  repeal  paragraphs
   (b-2)  and  (b-3)  of  subdivision  4-a of section 365-f of the social
   services  law  relating  to  certain  surveys  and  to  the  award  of
   contracts; and providing for the repeal of certain provisions upon the
   expiration thereof
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (b-1) of subdivision 4-a of section 365-f of  the
 social  services  law, as added by section 2 of part LL of chapter 57 of
 the laws of 2021, is amended to read as follows:
   (b-1) Following the initial selection of contractors pursuant to  this
 subdivision  the  commissioner  is instructed to [survey for information
 relating to the additional selection criteria under this  paragraph  and
 paragraph  (b-2)  of this subdivision, in writing in a manner determined
 by the commissioner, from] ENTER INTO A  CONTRACT  WITH  all  applicants
 that  were qualified by the commissioner as meeting minimum requirements
 of the procurement process described in paragraph (b) of  this  subdivi-
 sion including those that were not awarded contracts under that process,
 PROVIDED THAT:
   (i) [whether the applicant is formed as a charitable corporation under
 article  two  of  the  not-for-profit corporation law or authorized as a
 foreign corporation under article thirteen of the not-for-profit  corpo-
 ration law;
   (ii)  was the applicant performing administrative services as a fiscal
 intermediary prior to January first, two  thousand  twelve  and  has  it
 continuously provided such services for eligible individuals pursuant to
 this section since that date;
   (iii)  the address the applicant listed as its primary mailing address
 on its most recently filed state corporate tax  return  or  its  Federal
 Return of Organization Exempt From Income Tax form (form 990);

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14909-01-2
 A. 9457                             2

   (iv)  whether  the applicant is currently authorized, funded, approved
 or certified to deliver state plan or home  and  community-based  waiver
 supports and services to individuals with intellectual and developmental
 disabilities by the office for people with developmental disabilities;
   (v)  whether  the  applicant has historically provided fiscal interme-
 diary administrative services to racial and ethnic minority residents or
 new Americans, as defined in section ninety-four-b of the executive law,
 in such consumers' primary language, as  evidenced  by  information  and
 materials  provided  to  consumers in the consumers' primary language or
 languages; and
   (vi) whether the applicant is verified as a  minority  or  woman-owned
 business  enterprise  pursuant  to section three hundred fourteen of the
 executive law] THE APPLICANT WAS PERFORMING ADMINISTRATIVE SERVICES AS A
 FISCAL INTERMEDIARY IN A CITY WITH A POPULATION OF MORE THAN ONE MILLION
 AND WAS SERVING TWO HUNDRED OR MORE CONSUMERS AS OF MARCH  THIRTY-FIRST,
 TWO THOUSAND TWENTY; OR
   (II)  THE APPLICANT WAS PERFORMING ADMINISTRATIVE SERVICES AS A FISCAL
 INTERMEDIARY IN ANOTHER AREA OF THE STATE AND WAS SERVING FIFTY OR  MORE
 CONSUMERS AS OF MARCH THIRTY-FIRST, TWO THOUSAND TWENTY.
   § 2. Paragraphs (b-2) and (b-3) of subdivision 4-a of section 365-f of
 the social services law are REPEALED.
   §  3.  This act shall take effect immediately; provided, however, that
 the amendments to paragraph (b-1) of subdivision 4-a of section 365-f of
 the social services law made by section one of this act shall expire and
 be deemed repealed 5 years after such effective date.