LBD14770-01-2
A. 9761 2
(C) complying with workers' compensation, disability and unemployment
requirements;
(D) maintaining personnel records for each consumer directed personal
assistant, including time records and other documentation needed for
wages and benefit processing and a copy of the medical documentation
required pursuant to regulations established by the commissioner;
(E) ensuring that the health status of each consumer directed personal
assistant is assessed prior to service delivery pursuant to regulations
issued by the commissioner;
(F) maintaining records of service authorizations or reauthorizations;
(G) monitoring the consumer's or, if applicable, the designated repre-
sentative's continuing ability to fulfill the consumer's responsibil-
ities under the program and promptly notifying the authorizing entity of
any circumstance that may affect the consumer's or, if applicable, the
designated representative's ability to fulfill such responsibilities;
(H) complying with REPORTING REQUIREMENTS AND regulations established
by the commissioner specifying the responsibilities of fiscal interme-
diaries providing services under this title;
(I) entering into a department approved memorandum of understanding
with the consumer that describes the parties' responsibilities under
this program; [and]
(J) REPORTING QUALITY MONITORING AND OVERSIGHT DATA REQUIRED PURSUANT
TO THIS SECTION; AND
(K) other related responsibilities which may include, as determined by
the commissioner, assisting consumers to perform the consumers' respon-
sibilities under this section and department regulations in a manner
that does not infringe upon the consumer's responsibilities and self-di-
rection.
(iii) Fiscal intermediaries are not responsible for, and fiscal inter-
mediary services shall not include, fulfillment of the responsibilities
of the consumer or, if applicable, the consumer's designated represen-
tative as established by the commissioner. A fiscal intermediary's
responsibilities shall not include, and a fiscal intermediary shall not
engage in: managing the plan of care including recruiting and hiring a
sufficient number of individuals who meet the definition of consumer
directed personal assistant, as such term is defined by the commission-
er, to provide authorized services that are included on the consumer's
plan of care; training, supervising and scheduling each consumer
directed personal assistant; terminating the consumer directed personal
assistant's employment; or assuring that each consumer directed personal
assistant competently and safely performs the personal care services,
home health aide services and skilled nursing tasks that are included on
the consumer's plan of care. A fiscal intermediary shall exercise
reasonable care in properly carrying out its responsibilities under the
program.
§ 3. Subdivision 4-b of section 365-f of the social services law is
REPEALED and a new subdivision 4-b is added to read as follows:
4-B. FISCAL INTERMEDIARY REGISTRATION. (A) ALL FISCAL INTERMEDIARIES
SHALL BE REGISTERED WITH THE DEPARTMENT PRIOR TO PROVIDING FISCAL INTER-
MEDIARY SERVICES. THE DEPARTMENT SHALL NOT DENY REGISTRATION TO AN
EXISTING FISCAL INTERMEDIARY IN GOOD STANDING WITH THE DEPARTMENT ON THE
EFFECTIVE DATE OF THIS SECTION.
(I) A REGISTRATION OR REGISTRATION RENEWAL SHALL BE VALID FOR FIVE
YEARS FROM THE DATE OF ISSUE. AN APPLICATION FOR THE RENEWAL OF ANY
REGISTRATION ISSUED UNDER THIS SECTION SHALL BE FILED WITH THE DEPART-
A. 9761 3
MENT NOT MORE THAN SIX MONTHS NOR LESS THAN FOUR MONTHS PRIOR TO THE
EXPIRATION THEREOF.
(II) THE FEE FOR INITIAL REGISTRATION SHALL BE BASED ON THE ESTIMATED
NUMBER OF CONSUMERS WITHIN THE APPLICANT'S SERVICE AREA, AS DETERMINED
BY THE DEPARTMENT IN REGULATIONS, BUT IN NO EVENT SHALL THE FEE EXCEED
FIVE THOUSAND DOLLARS.
(III) THE FEE FOR REGISTRATION RENEWAL SHALL BE BASED ON THE NUMBER OF
CONSUMERS WITHIN THE APPLICANT'S SERVICE AREA AS DETERMINED BY THE
DEPARTMENT AT THE DATE OF RENEWAL, BUT IN NO EVENT SHALL THE FEE EXCEED
TWO THOUSAND DOLLARS. FISCAL INTERMEDIARIES THAT FAIL TO APPLY FOR
REGISTRATION RENEWAL WITHIN THE TIMEFRAME SET FORTH IN SUBPARAGRAPH (I)
OF THIS PARAGRAPH SHALL BE SUBJECT TO A PENALTY OF FIVE HUNDRED DOLLARS
EACH MONTH OR PART THEREOF THAT THE FISCAL INTERMEDIARY IS IN DEFAULT. A
FISCAL INTERMEDIARY THAT FAILED TO APPLY FOR REGISTRATION RENEWAL IN THE
PRIOR YEAR BY THE DEADLINE OF THE CURRENT YEAR SHALL NOT BE PERMITTED TO
REGISTER FOR THE UPCOMING REGISTRATION PERIOD UNLESS SUCH FISCAL INTER-
MEDIARY SUBMITS ANY UNPAID LATE FEES.
(IV) FOR EXISTING FISCAL INTERMEDIARIES IN GOOD STANDING WITH THE
DEPARTMENT ON THE EFFECTIVE DATE OF THIS SECTION, THE DEPARTMENT SHALL
DEVELOP A STREAMLINED REGISTRATION PROCESS THAT ENSURES CONTINUATION OF
FISCAL INTERMEDIARY SERVICES AND REQUIRES ATTESTATION THAT SUCH FISCAL
INTERMEDIARIES CAN ACHIEVE COMPLIANCE WITH THE REQUIREMENTS OF THIS
SECTION. UPON ISSUANCE OF REGISTRATION BY THE DEPARTMENT, SUCH FISCAL
INTERMEDIARIES SHALL BE SUBJECT TO ALL REQUIREMENTS SET FORTH IN THIS
SECTION.
(B) THE APPLICATION FOR INITIAL REGISTRATION SHALL BE SUBMITTED ON A
FORM PRESCRIBED BY THE DEPARTMENT, WHICH SHALL INCLUDE AN ATTESTATION
THAT THE ENTITY IS ABLE TO PROVIDE FISCAL INTERMEDIARY SERVICES, INCLUD-
ING BUT NOT LIMITED TO:
(I) THE APPLICANT'S ABILITY TO APPROPRIATELY SERVE INDIVIDUALS PARTIC-
IPATING IN THE PROGRAM;
(II) DEMONSTRATED COMPLIANCE WITH ALL APPLICABLE FEDERAL AND STATE
LAWS AND REGULATIONS, INCLUDING BUT NOT LIMITED TO THOSE RELATING TO
WAGES AND LABOR; AND
(III) PROVIDE ADDITIONAL INFORMATIONAL DATA TO THE DEPARTMENT AS
REQUIRED IN PARAGRAPH (I) OF THIS SUBDIVISION.
(C) THE APPLICATION FOR REGISTRATION RENEWAL SHALL BE SUBMITTED ON A
FORM PRESCRIBED BY THE DEPARTMENT AND INCLUDE SUCH INFORMATION AS
DESCRIPTIONS OF ANY MATERIAL CHANGES IN THE CIRCUMSTANCES OR FACTORS
LISTED IN PARAGRAPH (B) OF THIS SUBDIVISION, INCLUDING:
(I) CHANGES IN OWNERSHIP OR SERVICE AREA;
(II) NUMBER OF CONSUMERS IN THE SERVICE AREA; AND
(III) ANY INCIDENTS RELATED TO NONCOMPLIANCE WITH APPLICABLE STATE AND
FEDERAL LAWS AND REGULATIONS.
(D) IF THE COMMISSIONER DETERMINES THAT THE FISCAL INTERMEDIARY HAS
FAILED TO COMPLY WITH THE PROVISIONS OF THIS SECTION OR REGULATIONS
PROMULGATED HEREUNDER, THE DEPARTMENT SHALL PROVIDE WRITTEN NOTICE TO
THE FISCAL INTERMEDIARY AND MAY IMPOSE A PENALTY OF NOT LESS THAN FIVE
HUNDRED DOLLARS AND NOT EXCEEDING ONE THOUSAND DOLLARS PER VIOLATION OF
NON-COMPLIANCE. SUCH WRITTEN NOTICE SHALL INCLUDE:
(I) A DESCRIPTION OF THE CONDUCT AND THE ISSUES RELATED THERETO THAT
HAVE BEEN IDENTIFIED AS FAILURE OF COMPLIANCE;
(II) THE TIMEFRAME OF THE CONDUCT THAT FAILS COMPLIANCE;
(III) REQUIRED CORRECTIVE ACTIONS AND A TIMEFRAME FOR IMPLEMENTATION
OF SUCH CORRECTIVE ACTIONS TO BRING THE FISCAL INTERMEDIARY INTO COMPLI-
ANCE; AND
A. 9761 4
(IV) THE ASSIGNED PENALTY ASSOCIATED WITH NON-COMPLIANCE.
(E) NOTWITHSTANDING THE FOREGOING, UPON A DETERMINATION THAT THE
PUBLIC HEALTH OR SAFETY WOULD BE IMMINENTLY ENDANGERED BY THE CONTINUED
OPERATION OR ACTIONS OF A FISCAL INTERMEDIARY, THE COMMISSIONER MAY
TERMINATE SUCH FISCAL INTERMEDIARY'S REGISTRATION OR SUSPEND OR LIMIT
SUCH FISCAL INTERMEDIARY'S RIGHTS AND PRIVILEGES UNDER THE REGISTRATION
IMMEDIATELY UPON WRITTEN NOTICE.
(F) ALL ORDERS OR DETERMINATIONS UNDER THIS SUBDIVISION SHALL BE
SUBJECT TO REVIEW AS PROVIDED IN ARTICLE SEVENTY-EIGHT OF THE CIVIL
PRACTICE LAW AND RULES.
(G) IN ORDER TO BE ISSUED REGISTRATION OR REGISTRATION RENEWAL AS A
FISCAL INTERMEDIARY, AN ENTITY SHALL:
(I) BE WILLING AND ABLE TO SERVE ANY CONSUMER IN THE ENTITY'S SELECTED
SERVICE AREA;
(II) HAVE AND MAINTAIN AN EFFECTIVE ORGANIZATIONAL STRUCTURE WITH
QUALIFIED ADMINISTRATIVE STAFF TO DELIVER ALL THE SERVICES AND ENSURE
FISCAL INTERMEDIARY PERSONNEL HAVE THE APPROPRIATE TRAINING AND KNOW-
LEDGE TO FULFILL THEIR DUTIES;
(III) MAINTAIN AN ORGANIZATIONAL CHART WITH PROFESSIONAL AND MANAGERI-
AL LINES OF AUTHORITY AND SUBMIT SUCH CHART TO THE DEPARTMENT UPON
REQUEST. WHERE THE FISCAL INTERMEDIARY IS ALSO A LICENSED HOME CARE
SERVICES AGENCY (LHCSA), MAINTAIN ADEQUATE FIREWALLS BETWEEN THE LHCSA
AND FISCAL INTERMEDIARY LINES OF BUSINESS TO ENSURE THE AVOIDANCE OF
ACTUAL OR PERCEIVED CONFLICTS OF INTEREST;
(IV) DOCUMENT AND MAINTAIN WRITTEN FISCAL INTERMEDIARY POLICIES AND
PROCEDURES, INCLUDING POLICIES FOR ADMINISTRATIVE STAFF;
(V) ENSURE APPROPRIATE CULTURAL AND LINGUISTIC COMPETENCIES ARE AVAIL-
ABLE TO SERVE ITS CONSUMERS AND PERSONAL ASSISTANTS THAT ASSIST CONSUM-
ERS;
(VI) MAINTAIN A LOCAL PRESENCE, COMMENSURATE WITH SELECTED SERVICE
AREAS TO ENSURE EFFECTIVE AND TIMELY DELIVERY OF THE SERVICES REQUIRED
PURSUANT TO THIS SUBDIVISION; AND
(VII) ESTABLISH, MAINTAIN, AND PERIODICALLY REVIEW A DISASTER
PREPAREDNESS AND EMERGENCY PLANS AND PROCEDURES RELATED TO THE PROVISION
OF REQUIRED SERVICES.
(H) FISCAL INTERMEDIARIES SHALL SUBMIT, IN A FORM DETERMINED BY THE
DEPARTMENT, INFORMATION REGARDING FISCAL MONITORING AND OVERSIGHT MEAS-
URES UNDERTAKEN BY THE FISCAL INTERMEDIARY, INCLUDING:
(I) FISCAL PROCEDURES ADOPTED BY THE FISCAL INTERMEDIARY THAT COMPLY
WITH GENERALLY ACCEPTED ACCOUNTING PRINCIPLES AND MEDICAID RULES AND
REGULATIONS, INCLUDING INTERNAL CONTROL PROCEDURES;
(II) FINANCIAL RECORDS THAT FACILITATE FISCAL MONITORING AND AUDITS;
(III) FISCAL OVERSIGHT PRACTICES;
(IV) CORPORATE COMPLIANCE POLICIES AND PROCEDURES IN ACCORDANCE WITH
THE FEDERAL DEFICIT REDUCTION ACT AND THE FALSE CLAIMS ACT TO PREVENT,
DETECT AND REPORT FRAUD, WASTE AND ABUSE BY BOARD MEMBERS, EMPLOYEES AND
CONSUMERS, AND DEVELOP STRATEGIES TO PREVENT AND DETECT SUCH FRAUD; AND
(V) INFORMATION REGARDING THE FISCAL INTERMEDIARY'S COMPLIANCE WITH
OFFICE OF MEDICAID INSPECTOR GENERAL COMPLIANCE PROGRAM REQUIRED DUTIES.
(I) (I) IN ADDITION TO THE ANNUAL DIRECT CARE AND ADMINISTRATIVE COST
REPORTS REQUIRED BY PARAGRAPH (K) OF THIS SUBDIVISION, THE FISCAL INTER-
MEDIARY SHALL SUBMIT, IN A FORM AND FREQUENCY DETERMINED BY THE DEPART-
MENT, A REPORT LISTING QUALITY MEASURES AND OTHER DATA TO ASSIST IN THE
EVALUATION OF THE EFFECTIVENESS AND QUALITY OF SERVICES PROVIDED BY THE
FISCAL INTERMEDIARY. SUCH REPORT SHALL INCLUDE:
A. 9761 5
(A) THE NUMBER OF TIMELY PROCESSED PAYROLL CYCLES AND THE TOTAL NUMBER
OF PROCESSED PAYROLL CYCLES;
(B) THE NUMBER OF ACCURATE PAYCHECKS PROCESSED AND THE TOTAL NUMBER OF
PAYCHECKS PROCESSED EACH CYCLE;
(C) THE NUMBER OF DAYS TO ONBOARD A PERSONAL ASSISTANT;
(D) INFORMATION REGARDING COMPLAINTS TRACKED BY THE FISCAL INTERME-
DIARY, INCLUDING THE DATES OF COMPLAINT SUBMISSION AND RESOLUTION, THE
NATURE OF THE COMPLAINTS, HOW COMPLAINTS WERE RESOLVED, AND ANY APPLICA-
BLE CORRECTIVE MEASURES OR ACTIONS TAKEN TO ENSURE SIMILAR COMPLAINTS
CAN BE AVOIDED;
(E) THE TOTAL NUMBER OF REFERRALS MADE EACH MONTH BY A LOCAL DEPART-
MENT OF SOCIAL SERVICE OR MANAGED CARE ORGANIZATION;
(F) THE NUMBER OF TIMES CONSUMER SERVICES ARE SUSPENDED FOR HOSPITAL
ADMISSION;
(G) INFORMATION RELATED TO SOCIAL DETERMINANTS OF HEALTH, CULTURAL OR
RACIAL DISPARITIES OR RELATED INFORMATION; AND
(H) ANY OTHER INFORMATION DEEMED APPROPRIATE BY THE DEPARTMENT.
(II) IN ADDITION TO THE INFORMATION AND DATA IDENTIFIED IN THIS PARA-
GRAPH, THE FISCAL INTERMEDIARY SHALL COOPERATE WITH OTHER EFFORTS UNDER-
TAKEN BY THE DEPARTMENT TO ASSESS FISCAL INTERMEDIARY SERVICES, INCLUD-
ING CONSUMER SATISFACTION SURVEYS.
(J) (I) FISCAL INTERMEDIARIES SHALL DEMONSTRATE COMPLIANCE WITH ALL
STATE PRIVACY, CONFIDENTIALITY, AND SECURITY POLICIES AND STANDARDS, AS
WELL AS WITH ALL APPLICABLE STATE AND FEDERAL REQUIREMENTS. IN THE EVENT
REGISTRATION IS NOT RENEWED OR REVOKED BY THE DEPARTMENT, FISCAL INTER-
MEDIARIES SHALL RETAIN ALL PROGRAMMATIC RECORDS, SUPPORTING DOCUMENTS,
STATISTICAL RECORDS, AND OTHER RECORDS RELATED TO THE DELIVERY OF FISCAL
INTERMEDIARY SERVICES FOR A MINIMUM OF SIX YEARS FROM THE EXPIRATION OF
SUCH REGISTRATION.
(II) FISCAL INTERMEDIARIES SHALL IMPLEMENT AND MAINTAIN PLANS, PROCE-
DURES, POLICIES, INTERNAL CONTROLS, AND APPROPRIATE ADMINISTRATIVE,
TECHNICAL, AND PHYSICAL SAFEGUARDS, CONSISTENT WITH APPLICABLE LAWS AND
RULES TO ENSURE THE SECURITY, CONFIDENTIALITY, INTEGRITY, AND AVAILABIL-
ITY OF PERSONAL IDENTIFIABLE INFORMATION AND PROTECTED HEALTH INFORMA-
TION CREATED, COLLECTED, USED, TRANSFERRED, AND/OR DISCLOSED BY THE
FISCAL INTERMEDIARY. AT A MINIMUM, SUCH PLANS, PROCEDURES, POLICIES,
INTERNAL CONTROLS, AND APPROPRIATE ADMINISTRATIVE, TECHNICAL, AND PHYS-
ICAL SAFEGUARDS SHALL ENSURE:
(A) THE SECURE AND CONFIDENTIAL STORAGE OF HARD COPY AND ELECTRON-
ICALLY STORED INFORMATION;
(B) PROTECTED INFORMATION IS ONLY USED BY OR DISCLOSED TO THOSE
AUTHORIZED TO RECEIVE OR VIEW IT;
(C) PROTECTED INFORMATION IS PROTECTED AGAINST ANY REASONABLY ANTIC-
IPATED THREATS OR HAZARDS TO THE CONFIDENTIALITY, INTEGRITY, AND AVAIL-
ABILITY OF SUCH INFORMATION;
(D) PROTECTED INFORMATION IS PROTECTED AGAINST ANY REASONABLY ANTIC-
IPATED USES OR DISCLOSURES OF SUCH INFORMATION THAT ARE NOT PERMITTED OR
REQUIRED BY LAW; AND
(E) PROTECTED INFORMATION IS SECURELY DESTROYED OR DISPOSED OF IN AN
APPROPRIATE AND REASONABLE MANNER AND IN ACCORDANCE WITH RETENTION SCHE-
DULES.
(III) FISCAL INTERMEDIARIES SHALL MAINTAIN AND PROVIDE TO THE DEPART-
MENT UPON REQUEST THEIR DATA PRIVACY AND SECURITY PLANS AND PROCEDURES,
AS WELL AS A PLAN FOR ENSURING COMPLIANCE WITH THE FEDERAL HEALTH INSUR-
ANCE PORTABILITY AND ACCOUNTABILITY ACT OF NINETEEN HUNDRED NINETY-SIX
AND ITS IMPLEMENTING REGULATIONS. FISCAL INTERMEDIARIES SHALL NOTIFY THE
A. 9761 6
DEPARTMENT OF ANY BREACH OF PRIVACY OR CONFIDENTIALITY UPON DISCOVERY OF
THE BREACH.
(K) (I) THE COMMISSIONER SHALL REQUIRE A FISCAL INTERMEDIARY TO REPORT
ANNUALLY ON THE DIRECT CARE AND ADMINISTRATIVE COSTS OF PERSONAL ASSIST-
ANCE SERVICES AS ACCOUNTED FOR BY THE FISCAL INTERMEDIARY. THE DEPART-
MENT SHALL SPECIFY THE FORMAT OF SUCH REPORTS, DETERMINE THE TYPE AND
AMOUNT OF INFORMATION TO BE SUBMITTED, AND REQUIRE THE SUBMISSION OF
SUPPORTING DOCUMENTATION, PROVIDED, HOWEVER, THAT THE DEPARTMENT SHALL
PROVIDE NO LESS THAN NINETY CALENDAR DAYS' NOTICE BEFORE SUCH REPORTS
ARE DUE.
(II) IF THE DEPARTMENT DETERMINES THAT THE COST REPORT SUBMITTED BY A
PROVIDER IS INACCURATE OR INCOMPLETE, THE DEPARTMENT SHALL NOTIFY THE
PROVIDER IN WRITING AND ADVISE THE PROVIDER OF THE CORRECTION OR ADDI-
TIONAL INFORMATION THAT THE PROVIDER MUST SUBMIT. THE PROVIDER SHALL
SUBMIT THE CORRECTED OR ADDITIONAL INFORMATION WITHIN THIRTY CALENDAR
DAYS FROM THE DATE THE PROVIDER RECEIVES THE NOTICE.
(III) THE DEPARTMENT SHALL GRANT A PROVIDER AN ADDITIONAL THIRTY
CALENDAR DAYS TO SUBMIT THE ORIGINAL, CORRECTED OR ADDITIONAL COST
REPORT WHEN THE PROVIDER, PRIOR TO THE DATE THE REPORT IS DUE, SUBMITS A
WRITTEN REQUEST TO THE DEPARTMENT FOR AN EXTENSION AND ESTABLISHES TO
THE DEPARTMENT'S SATISFACTION THAT THE PROVIDER CANNOT SUBMIT THE REPORT
BY THE DATE DUE FOR REASONS BEYOND THE PROVIDER'S CONTROL.
(IV) ALL REPORTS SHALL BE CERTIFIED BY THE OWNER, ADMINISTRATOR, CHIEF
EXECUTIVE OFFICER, OR PUBLIC OFFICIAL RESPONSIBLE FOR THE OPERATION OF
THE PROVIDER. THE COST REPORT FORM SHALL INCLUDE A CERTIFICATION FORM,
WHICH SHALL SPECIFY WHO SHALL CERTIFY THE REPORT.
(L) THE DEPARTMENT SHALL PROVIDE A MINIMUM OF NINETY CALENDAR DAYS'
NOTICE TO FISCAL INTERMEDIARIES PRIOR TO COLLECTING ANY REPORTS OR
INFORMATION REQUIRED PURSUANT TO PARAGRAPHS (H), (I), (J) AND (K) OF
THIS SUBDIVISION, PROVIDED HOWEVER THAT THE EFFECTIVE DATE OF INITIAL
REGISTRATION ISSUED BY THE DEPARTMENT SHALL SERVE AS NOTICE TO THE
FISCAL INTERMEDIARY THAT THE DEPARTMENT WILL BE COLLECTING AN INITIAL
REPORT AND/OR INFORMATION PURSUANT TO THIS SUBDIVISION.
§ 4. Subdivision 4-c of section 365-f of the social services law is
REPEALED and subdivision 4-d is renumbered subdivision 4-c.
§ 5. Subdivision 4-c of section 365-f of the social services law, as
added by section 7 of part G of chapter 57 of the laws of 2019, para-
graph (d) as added and paragraphs (e) and (f) as relettered by section 3
of part LL of chapter 57 of the laws of 2021, and such section as renum-
bered by section four of this act, is amended to read as follows:
4-c. Fiscal intermediaries ceasing operation. (a) Where a fiscal
intermediary is ceasing operation or will no longer serve the consumer's
area, the fiscal intermediary shall:
(i) deliver written notice forty-five calendar days in advance to the
affected consumers, consumer representatives, personal assistants, the
department, and any local social services districts or managed care
plans with which the fiscal intermediary [contracts] REGISTERS. Within
five business days of receipt of the notice, the local social services
district or managed care plan shall acknowledge the notice and provide
the affected consumers with a list of other fiscal intermediaries oper-
ating in the same county or managed care plan network as appropriate;
(ii) not take any action that would prevent a personal assistant from
moving to a new fiscal intermediary of the consumer's choice, nor
require the consumer or the personal assistant to switch to a personal
care or home health care program not under this section; and
A. 9761 7
(iii) upon request and consent, promptly transfer all records relating
to the individual's health and care authorizations, and personnel docu-
ments to the fiscal intermediary or personal care or home health care
provider chosen by the consumer and assume all liability for omissions
or errors in such records.
(b) Where a consumer is electing to transfer his or her services to a
new fiscal intermediary or a personal care or home health care provider
by the consumer's independent choice, the fiscal intermediary being
discontinued shall comply with subparagraphs (ii) and (iii) of paragraph
(a) of this subdivision.
(c) Where a fiscal intermediary is suspending or ceasing operation
pursuant to an order under subdivision four-b of this section[, or has
failed to submit an offer for a contract,] or has been denied a
[contract] REGISTRATION under this section, all the provisions of this
subdivision shall apply except subparagraph (i) of paragraph (a) of this
subdivision, notice of which to all parties shall be provided by the
department as appropriate.
(d) where a fiscal intermediary is acquired by, merges with, sells
assets to, or engages in a transaction of a similar nature with a fiscal
intermediary that was [awarded a contract] REGISTERED pursuant to subdi-
vision four-a of this section, all the provisions of this subdivision
shall apply. In providing notice under subparagraph (i) of paragraph (a)
of this subdivision, the fiscal intermediary may inform the notice
recipient of the applicable transaction and, if applicable, the ability
of the consumer to remain with the awarded fiscal intermediary in
accordance with any guidance issued by the commissioner.
(e) The local social services district or managed care plan, as appro-
priate, shall supervise the transition of services and transfer of
records and maintain provision of services by the personal assistant(s)
chosen by the individual.
(f) Any transfer under this subdivision shall not diminish any of an
individual's rights relating to continuity of care, utilization review
or fair hearing appeals and aid continuing.
§ 6. Subparagraph (ii) of paragraph (c) of subdivision 9 of section
365-f of the social services law, as added by section 24 of part C of
chapter 60 of the laws of 2014, is amended to read as follows:
(ii) The commissioner may require that applications submitted pursuant
to this subdivision be submitted in response to and in accordance with
[a request for applications or a request for proposals issued by the
commissioner] REGISTRATION REQUIREMENTS ESTABLISHED PURSUANT TO THIS
SECTION.
§ 7. The commissioner of health shall take the necessary steps to
repeal subdivision (k) of section 505.28 of title 18 of the New York
codes, rules, and regulations.
§ 8. This act shall take effect six months after it shall have become
a law. Effective immediately, the addition, amendment and/or repeal of
any rule or regulation necessary for the implementation of this act on
its effective date are authorized to be made and completed on or before
such effective date.