The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    802
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  M. of A. JONES, COOK, DICKENS, PHEFFER AMATO, MONTESANO,
   WALCZYK -- Multi-Sponsored by -- M. of  A.  SIMON  --  read  once  and
   referred to the Committee on Health
 
 AN  ACT  to  amend  the  social  services  law,  in relation to Medicaid
   reimbursement rates for rural home health care providers
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision 1 of section 368-a of the social services law
 is amended by adding a new paragraph (g-1) to read as follows:
   (G-1) NOTWITHSTANDING PARAGRAPH (G) OF THIS SUBDIVISION, SECTION THREE
 HUNDRED SIXTY-FOUR-J OF THIS  TITLE  OR  ANY  OTHER  PROVISION  OF  LAW,
 REIMBURSEMENT FOR HOME HEALTH SERVICES PROVIDED IN ACCORDANCE WITH PARA-
 GRAPH  (D)  OF  SUBDIVISION TWO OF SECTION THREE HUNDRED SIXTY-FIVE-A OF
 THIS TITLE BY AN INDIVIDUAL OR SHARED AIDE PROVIDED BY AN APPROVED  HOME
 HEALTH AGENCY WHEN SUCH SERVICES ARE DETERMINED TO BE COST EFFECTIVE AND
 APPROPRIATE  TO  MEET  THE  RECIPIENT'S NEEDS FOR ASSISTANCE, WHERE SUCH
 SERVICES ARE DELIVERED IN A RURAL AREA OF THE STATE, TO BE DESIGNATED BY
 THE COMMISSIONER IN REGULATION, SHALL BE INCREASED TO INCLUDE AN  AMOUNT
 NECESSARY  TO  COVER  THE DISPARATE TRANSPORTATION COSTS ASSOCIATED WITH
 PROVIDING SUCH SERVICES IN RURAL AREAS. THE COMMISSIONER  SHALL  DEVELOP
 METHODOLOGIES  FOR  CALCULATING  SUCH  DELIVERY COSTS WHICH ARE SEPARATE
 FROM DIRECT PERSONAL CARE. SUCH REIMBURSEMENT INCREASE SHALL INCLUDE ALL
 HOME HEALTH SERVICES PROVIDED FOR ELIGIBLE RECIPIENTS UNDER  THIS  ARTI-
 CLE, INCLUDING THOSE AVAILABLE OR OBTAINED THROUGH FEDERAL WAIVERS.
   §  2.  Subdivision  1  of section 365-l of the social services law, as
 added by section 37 of part H of chapter 59 of  the  laws  of  2011,  is
 amended to read as follows:
   1.  Notwithstanding  any  law, rule or regulation to the contrary, the
 commissioner of health is authorized, in consultation with  the  commis-
 sioners  of  the  office  of  mental  health,  office  of alcoholism and
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD05443-01-1

 A. 802                              2
 
 substance abuse services, and office for people with developmental disa-
 bilities, to (a) establish, in accordance with  applicable  federal  law
 and  regulations, standards for the provision of health home services to
 Medicaid  enrollees with chronic conditions, (b) establish payment meth-
 odologies for health home services based on factors  including  but  not
 limited  to the complexity of the conditions providers will be managing,
 the anticipated amount of patient contact needed to manage  such  condi-
 tions,  TRANSPORTATION  COSTS, and the health care cost savings realized
 by provision of health home services, (c) establish the  criteria  under
 which  a Medicaid enrollee will be designated as being an eligible indi-
 vidual with chronic conditions for purposes of this program, (d)  assign
 any  Medicaid enrollee designated as an eligible individual with chronic
 conditions to a provider of health home services.
   § 3. This act shall take effect immediately.