NY State Senate Bill 2023-S1198

Current Bill Status - In Assembly 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
May 22, 2023	referred to health delivered to assembly passed senate
May 17, 2023	advanced to third reading
May 16, 2023	2nd report cal.
May 15, 2023	1st report cal.989
Jan 10, 2023	referred to disabilities

Votes

- May 22, 2023 - Floor Vote
  S1198
  
  61
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  2
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: May 22, 2023
      
      aye (61)
      
      Addabbo Jr.
      
      Ashby
      
      Bailey
      
      Borrello
      
      Breslin
      
      Brisport
      
      Brouk
      
      Chu
      
      Cleare
      
      Comrie
      
      Cooney
      
      Felder
      
      Fernandez
      
      Gallivan
      
      Gianaris
      
      Gonzalez
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martinez
      
      Martins
      
      Mattera
      
      May
      
      Mayer
      
      Murray
      
      Myrie
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Persaud
      
      Ramos
      
      Rhoads
      
      Rivera
      
      Rolison
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Scarcella-Spanton
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Walczyk
      
      Webb
      
      Weber
      
      Weik
      
      excused (2)
      
      Canzoneri-Fitzpatrick
      
      Parker
  May 15, 2023 - Disabilities Committee Vote
  S1198
  
  7
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Disabilities Committee Vote: May 15, 2023
      
      aye (7)
      
      Ashby
      
      Felder
      
      Gonzalez
      
      Mannion
      
      Persaud
      
      Scarcella-Spanton
      
      Weber

co-Sponsors

2023-S1198 (ACTIVE) - Details

Current Committee:: Assembly Health
Law Section:: Public Health Law
Laws Affected:: Add §2559-c, Pub Health L
Versions Introduced in 2021-2022 Legislative Session:: S5676

2023-S1198 (ACTIVE) - Summary

Directs the commissioner of health to do a comprehensive assessment of the existing methodology used to determine payment for early intervention screenings, evaluations, services and service coordination; directs recommendations on reimbursement methodology as well as needs under the program.

2023-S1198 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S1198

SPONSOR: RIVERA
 
TITLE OF BILL:

An act to amend the public health law, in relation to a review and
recommendations of reimbursement adequacy and other matters relating to
early intervention

 
PURPOSE:

To review reimbursement adequacy for early intervention services.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends the public health law by adding section 2559-c as it
relates to early intervention services. This section directs the commis-
sioner to review the reimbursement rates for early intervention
programs. The review shall include: a comprehensive assessment of exist-
ing methods to determine reimbursement rates; analysis of salary levels
for individuals within the discipline; analysis of provider cost for the
program; and recommendations for updating or maintaining reimbursement

methods. This section also directs the commission to submit findings of
the report and the recommendations to elected officials and to post them
on the department's website.

Section 2 provides the effective date.

 
JUSTIFICATION:

The early intervention (El) program provides services for babies and
toddlers (0-3 years old) with developmental delays and disabilities.  El
services help many children meet developmental milestones they would
otherwise miss. Most El services are provided in each individual fami-
ly's home and some are provided in groups and centers.

El reimbursement rates as a whole have not been raised since the 1990s.
Individual providers and provider agencies have been steadily leaving
the program because they cannot afford to keep providing the services at
the State's payment rates. In some parts of the State, there is an utter
lack of providers qualified to provide El services.  In areas without an
overall provider shortage, there is still a shortage of El providers
because they can make a more sustainable living by serving people
through other programs and institutions.  Even in areas that have a pool
of available El providers, families in certain neighborhoods are unable
to find a provider who will come to their home. From New York City to
Rochester and throughout the State, babies with disabilities are waiting
months to receive the time-sensitive services they need and deserve.

Since El is only available to children until their third birthdays, a
delay in services is a denial of services.

Despite years of raising the issue of low reimbursement and the result-
ing provider shortage, no serious effort has been made to evaluate the
true costs of providing El services, or to compare the salaries of the
same type of provider in and out of the El program.  The reimbursement
rates were not high in 1990 and they are certainly not adequate now. The
State needs to reevaluate its payment methodologies and ensure that all

children eligible for El are able to access the services they need
before it's too late.

 
LEGISLATIVE HISTORY:

2021-2022: S5676/ A6579 Gottfried Vetoed

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S1198 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1198
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 10, 2023
                                ___________
 
 Introduced  by  Sens.  RIVERA,  MANNION, MYRIE -- read twice and ordered
   printed, and when printed to be committed to the Committee on Disabil-
   ities
 
 AN ACT to amend the public health law,  in  relation  to  a  review  and
   recommendations  of  reimbursement adequacy and other matters relating
   to early intervention

   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
 2559-c to read as follows:
   § 2559-C. EARLY INTERVENTION RATE ADEQUACY REVIEW. 1. THE COMMISSIONER
 SHALL REVIEW THE RATES OF REIMBURSEMENT MADE THROUGH  THE  EARLY  INTER-
 VENTION PROGRAM FOR RATE ADEQUACY. THE REVIEW SHALL INCLUDE:
   (A)  A  COMPREHENSIVE  ASSESSMENT  OF THE EXISTING METHODOLOGY USED TO
 DETERMINE  PAYMENT  FOR  EARLY  INTERVENTION  SCREENINGS,   EVALUATIONS,
 SERVICES AND SERVICE COORDINATION, INCLUDING BUT NOT LIMITED TO:
   (I)  ANALYSIS  OF EARLY INTERVENTION RULES, REGULATIONS, AND POLICIES,
 INCLUDING POLICIES, PROCESSES, AND REVENUE SOURCES;
   (II) ANALYSIS OF COSTS TO PROVIDERS PARTICIPATING IN THE EARLY  INTER-
 VENTION  PROGRAM,  INCLUDING TIME AND COST OF TRAVEL, SERVICE PROVISION,
 AND ADMINISTRATIVE ACTIVITIES; AND
   (III) ANALYSIS BY DISCIPLINE AND LABOR REGION  OF  SALARY  LEVELS  FOR
 INDIVIDUALS PROVIDING EARLY INTERVENTION SERVICES COMPARED TO THE SALARY
 LEVELS FOR INDIVIDUALS IN THE SAME DISCIPLINES AND LABOR REGIONS PROVID-
 ING SERVICES OTHER THAN IN THE EARLY INTERVENTION PROGRAM;
   (B)  RECOMMENDATIONS FOR MAINTAINING OR CHANGING REIMBURSEMENT METHOD-
 OLOGIES. RECOMMENDATIONS UNDER THIS PARAGRAPH SHALL BE  CONSISTENT  WITH
 FEDERAL LAW AND SHALL INCLUDE RECOMMENDATIONS FOR APPROPRIATE CHANGES IN
 STATE  LAW AND REGULATIONS. THE RECOMMENDATIONS SHALL CONSIDER APPROPRI-
 ATE PAYMENT METHODOLOGIES AND RATES FOR IN-PERSON AND  TELEHEALTH  EARLY
 INTERVENTION  EVALUATIONS  AND  SERVICES  TO  ADDRESS BARRIERS IN TIMELY
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03582-01-3

 S. 1198                             2
 
 SERVICE PROVISION AS WELL AS RACIAL  AND  SOCIOECONOMIC  DISPARITIES  IN
 ACCESS,  WITH  CONSIDERATION  OF  FACTORS INCLUDING, BUT NOT LIMITED TO,
 PAYMENT FOR BILINGUAL SERVICES,  TRAVEL  TIME,  GEOGRAPHIC  VARIABILITY,
 ACCESS  TO AND COST OF TECHNOLOGY, COST OF LIVING, AND OTHER BARRIERS TO
 TIMELY SERVICE PROVISION;
   (C) THE PROJECTED NUMBER OF CHILDREN WHO WILL NEED EARLY  INTERVENTION
 SERVICES IN THE NEXT FIVE YEARS DISAGGREGATED BY COUNTY;
   (D) THE WORKFORCE NEEDED TO PROVIDE SERVICES IN THE NEXT FIVE YEARS TO
 ALL  CHILDREN ELIGIBLE FOR EARLY INTERVENTION SERVICES, DISAGGREGATED BY
 COUNTY; AND
   (E) OPPORTUNITIES FOR STAKEHOLDER INPUT ON CURRENT RATE METHODOLOGIES.
   2. WITHIN ONE YEAR AFTER THE  EFFECTIVE  DATE  OF  THIS  SECTION,  THE
 COMMISSIONER  SHALL  SUBMIT A REPORT OF THE FINDINGS AND RECOMMENDATIONS
 UNDER THIS SECTION TO THE  GOVERNOR,  THE  TEMPORARY  PRESIDENT  OF  THE
 SENATE,  THE  SPEAKER  OF THE ASSEMBLY, AND THE CHAIRS OF THE SENATE AND
 ASSEMBLY COMMITTEES ON HEALTH, AND SHALL POST THE REPORT ON THE  DEPART-
 MENT'S WEBSITE.
   § 2. This act shall take effect immediately.

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Senate Bill S1198

Sponsored By

Current Bill Status - In Assembly Committee

May 22, 2023 - Floor Vote

Floor Vote: May 22, 2023

May 15, 2023 - Disabilities Committee Vote

Disabilities Committee Vote: May 15, 2023

co-Sponsors

2023-S1198 (ACTIVE) - Details

2023-S1198 (ACTIVE) - Summary

2023-S1198 (ACTIVE) - Sponsor Memo

2023-S1198 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S1198

Share this bill

Sponsored By

Gustavo Rivera

Current Bill Status - In Assembly Committee

co-Sponsors

Jacob Ashby

Samra G. Brouk

John W. Mannion

Zellnor Myrie

2023-S1198 (ACTIVE) - Details

2023-S1198 (ACTIVE) - Summary

2023-S1198 (ACTIVE) - Sponsor Memo

2023-S1198 (ACTIVE) - Bill Text download pdf

Comments