NY State Senate Bill 2021-S2543

Senate Bill S2543

2021-2022 Legislative Session

Relates to payments for personal protective equipment for home and community based long term care services

download bill text pdf

Archive: Last Bill Status - In Senate Committee Finance Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 11, 2022	reported and committed to finance
Jan 05, 2022	referred to health
May 11, 2021	reported and committed to finance
Jan 21, 2021	referred to health

Votes

- Jan 11, 2022 - Health Committee Vote
  S2543
  
  10
  
  Aye
  
  0
  
  Nay
  
  4
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Health Committee Vote: Jan 11, 2022
      
      aye (10)
      
      Biaggi
      
      Boyle
      
      Brouk
      
      Hoylman-Sigal
      
      Kaminsky
      
      May
      
      Rivera
      
      Ryan
      
      Salazar
      
      Thomas
      
      aye wr (4)
      
      Gallivan
      
      Oberacker
      
      Rath III
      
      Stec
  May 11, 2021 - Health Committee Vote
  S2543
  
  11
  
  Aye
  
  0
  
  Nay
  
  4
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Health Committee Vote: May 11, 2021
      
      aye (11)
      
      Benjamin
      
      Biaggi
      
      Boyle
      
      Brouk
      
      Hoylman-Sigal
      
      Kaminsky
      
      May
      
      Rivera
      
      Ryan
      
      Salazar
      
      Thomas
      
      aye wr (4)
      
      Gallivan
      
      Oberacker
      
      Rath III
      
      Stec

co-Sponsors

View additional co-sponsors

2021-S2543 (ACTIVE) - Details

See Assembly Version of this Bill:: A179
Current Committee:: Senate Finance
Law Section:: Public Health Law
Laws Affected:: Add §3614-f, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S8361, A10451
2023-2024: S2928

2021-S2543 (ACTIVE) - Summary

Provides for insurance reimbursement for expenses related to the provision of personal protective equipment (PPE) for direct care workers, care recipients and an emergency inventory of a ninety-day supply of PPE.

2021-S2543 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S2543

SPONSOR: RIVERA
 
TITLE OF BILL:

An act to amend the public health law, in relation to payments for
personal protective equipment for home and community based long term
care services

 
PURPOSE:

Allows for funding paid by the state to Managed Long Term Care Plans
(MLTCS) to support PPE acquisition for home care workers and personal
assistants to protect them from COVID-19 and the infection of their
patients.

 
SUMMARY OF PROVISIONS:

Section 1 adds a new section 3614-f to provide for funding by MLTCS to
provide for the payment to home care agencies and fiscal intermediaries
for the purchase of PPE for home health care workers.

Section 2 establishes the effective date.

 
JUSTIFICATION:

Home care workers keep the most vulnerable patients in their homes,
protecting them and the public from the spread of COVID-19. In addition,
as a result of recent Executive Orders hospitals may not discharge
COVID-19 positive individuals to nursing homes but may discharge them to
home health care. The need for PPE for the protection of home care work-
ers, personal assistants, and home care patients is paramount.

Home care agencies have struggled to find and afford PPE with delays by
suppliers, outbidding of orders or government agencies commandeering
shipments. The increased costs have far exceeded reimbursement rates
paid by Managed Long Term Care plans to home care agencies.

Since the beginning of the pandemic in New York, a percentage of home
care clients have chosen to refuse service, due to increased concerns
about exposure to COVID-19. As a result, Managed Long Term Care Plans
(MLTCs) paid by the state on a per member per month premium have gener-
ated $52 million per month in revenue surpluses that are available for
the purchase of PPE. This legislation makes clear that plans (MLTCs) as
well as home care agencies have an obligation to assist in the provision
of PPE by home care agencies to protect home care workers and the
vulnerable elderly and disabled they care for.

This legislation requires that funding be passed through to providers of
home care and personal assistant services. This funding assistance can
be supported in the short term by a redistribution of the underspending
by MLTCs to fund increased and ongoing PPE needs as a result of the
pandemic.

 
PRIOR LEGISLATIVE HISTORY:

2019-2020: S8361/A10451 Gottfried

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.

 
EFFECTIVE DATE:
The legislation takes effect immediately.

2021-S2543 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2543
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 21, 2021
                                ___________
 
 Introduced by Sens. RIVERA, BAILEY, BIAGGI, COMRIE, GAUGHRAN, GOUNARDES,
   HARCKHAM,  HOYLMAN,  JACKSON, KENNEDY, KRUEGER, LIU, MAY, MYRIE, SALA-
   ZAR, SANDERS, SEPULVEDA, SERRANO, STAVISKY -- 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
   personal protective equipment 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  PERSONAL  PROTECTIVE EQUIPMENT FOR HOME AND
 COMMUNITY BASED LONG TERM CARE SERVICES. THE PAYMENT OF CLAIMS SUBMITTED
 UNDER 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 PURSUANT TO
 SECTION THREE HUNDRED SIXTY-FIVE-F OF  THE  SOCIAL  SERVICES  LAW  SHALL
 INCLUDE  REIMBURSEMENT FOR EXPENSES RELATED TO THE PROVISION OF PERSONAL
 PROTECTIVE EQUIPMENT (PPE) FOR DIRECT CARE WORKERS, CARE RECIPIENTS  AND
 AN EMERGENCY INVENTORY OF A NINETY-DAY SUPPLY OF PPE. SUCH REIMBURSEMENT
 SHALL BE CLEARLY IDENTIFIED AS AN ADDITION TO BASE RATES OF PAYMENTS AND
 IN  AN  AMOUNT  THAT SUPPLEMENTS ANY CURRENT CONTRACTS OR AGREEMENTS AND
 SHALL NOT USE SUCH FUNDS TO  SUPPLANT  PAYMENTS  FOR  EXISTING  SERVICES
 UNDER  THE  MEDICAID PROGRAM. DETERMINATION OF A STANDARDIZED AMOUNT FOR
 PPE WILL BE ADJUSTED ANNUALLY AND WILL TAKE INTO CONSIDERATION  CLINICAL
 BEST  PRACTICES  FOR  PPE  USE  AND  CURRENT AND PROJECTED PUBLIC HEALTH
 CONSIDERATIONS THAT COULD RESULT IN INCREASED NEED FOR PPE SUPPLIES.  IN
 THE  EVENT  OF  A  DECLARATION OF A STATE OF EMERGENCY, RATE ADJUSTMENTS
 SHALL BE REVIEWED AND IMPLEMENTED WITHIN THIRTY DAYS TO  ACCOMMODATE  AN
 IMMEDIATE  NEED  FOR INCREASED SUPPLIES OF PPE. PROVIDED THAT NO PORTION
 OF THE DOLLARS SPENT OR TO BE SPENT TO SATISFY  THE  NEED  FOR  PPE  FOR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD00582-01-1

 S. 2543                             2
 
 WORKERS  UNDER THIS SECTION SHALL BE RETAINED OR USED FOR ANOTHER MANNER
 BY THE HOME AND COMMUNITY BASED LONG TERM CARE PROVIDER OR FISCAL INTER-
 MEDIARY IN RECEIPT OF THE FUNDING AND FURTHER THAT INSURERS AND  PROVID-
 ERS  SHALL  REPORT  COMPLIANCE  WITH THIS SECTION TO THE DEPARTMENT AS A
 COMPONENT OF STANDARDIZED COST REPORTS REQUIRED BY THE DEPARTMENT.
   § 2. This act shall take effect immediately.

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