S T A T E O F N E W Y O R K
________________________________________________________________________
2526
2021-2022 Regular Sessions
I N S E N A T E
January 21, 2021
___________
Introduced by Sen. RIVERA -- read twice and ordered printed, and when
printed to be committed to the Committee on Health
AN ACT to amend the public health law, in relation to payments for home
and community based long term care services
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The public health law is amended by adding a new section
3614-f to read as follows:
§ 3614-F. PAYMENTS FOR HOME AND COMMUNITY BASED LONG TERM CARE
SERVICES. CONTRACTS OR AGREEMENTS WITH INSURERS UNDER THE MEDICAL
ASSISTANCE PROGRAM FOR HOME AND COMMUNITY BASED LONG TERM CARE SERVICES
PROVIDED UNDER THIS ARTICLE OR BY FISCAL INTERMEDIARIES OPERATING PURSU-
ANT TO SECTION THREE HUNDRED SIXTY-FIVE-F OF THE SOCIAL SERVICES LAW
SHALL PROVIDE TERMS AND CONDITIONS FOR THE PASS-THROUGH OF FUNDS APPRO-
PRIATED TO COMPENSATE FOR MINIMUM WAGE PURSUANT TO SECTION SIX HUNDRED
FIFTY-TWO OF THE LABOR LAW. IF NECESSARY IN ORDER TO COMPLY WITH THIS
SECTION, EXISTING CONTRACTS WITH HOME AND COMMUNITY BASED LONG TERM CARE
SERVICES PROVIDERS UNDER THIS ARTICLE AND TO FISCAL INTERMEDIARIES OPER-
ATING PURSUANT TO SECTION THREE HUNDRED SIXTY-FIVE-F OF THE SOCIAL
SERVICES LAW SHALL BE AMENDED AT LEAST NINETY DAYS PRIOR TO THE EFFEC-
TIVE DATE OF ANY SUCH LAW OR REGULATION IMPACTING WAGES. INSURERS SHALL
NOT USE SUCH FUNDS TO SUPPLANT PAYMENTS FOR EXISTING SERVICES UNDER THE
MEDICAID PROGRAM. SUCH INSURERS SHALL INCLUDE BUT NOT BE LIMITED TO
MEDICAID MANAGED CARE PLANS AND MEDICAID MANAGED LONG TERM CARE PLANS.
§ 2. This act shall take effect immediately and shall apply to poli-
cies and contracts issued, renewed, modified, altered or amended on or
after such date.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00189-01-1