NY State Senate Bill S2928

Current Bill Status - On Floor Calendar

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed/Vetoed by Governor

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Actions

view actions (4)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 20, 2023	advanced to third reading
Mar 16, 2023	2nd report cal.
Mar 15, 2023	1st report cal.522
Jan 25, 2023	referred to health

Votes

view votes

Mar 14, 2023 - Health committee Vote

S2928

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

S2928 (ACTIVE) - Details

Law Section:: Public Health Law
Laws Affected:: Add §3614-g, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S8361
2021-2022: S2543

S2928 (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.

S2928 (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S2928

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:

Provides for payments for personal protective equipment for home and
community-based long term care services.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends the public health law by adding a new section 3614-f as
it relates to payment and reimbursement for personal protective equip-
ment (PPE) for home and community based long term care. This section
outlines the rates and guidelines to allow reimbursement for expenses
related to PPE for direct care workers and care recipients.  This
section also ensures that dollars are spent to satisfy the need for PPE

and prohibits any portion of those dollars to be retained or used for
other manners by the home or long term care provider.

Section 2 provides the effective date.

 
JUSTIFICATION:

The COVID-19 pandemic created an increased need for personal protective
equipment (PPE) for homecare workers. During the pandemic, home care
agencies 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.

With the increased cost and difficulties of obtaining PPE, a percentage
of home care clients chose 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 New Yorkers that they care for.

PPE is a necessity for home care services as it protects the patient and
the home care worker, not just from spreading COVID-19 but other commu-
nicable diseases as well. This bill would provide some relief to the
home health care industry by providing appropriate resources for home
care providers. 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.

 
LEGISLATIVE HISTORY:

2019-2020: S8361/A10451 Gottfried
2021-2022: S2543/A179 Gottfried

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
The legislation takes effect immediately.

S2928 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2928
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 25, 2023
                                ___________
 
 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
   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-g to read as follows:
   § 3614-G. 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
 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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05241-01-3

 S. 2928                             2
 
 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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The New York State Senate

senate Bill S2928

Sponsored By

Current Bill Status - On Floor Calendar

Your Voice

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Votes

Mar 14, 2023 - Health committee Vote

Health Committee Vote: Mar 14, 2023

S2928 (ACTIVE) - Details

S2928 (ACTIVE) - Summary

S2928 (ACTIVE) - Sponsor Memo

S2928 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S2928

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Sponsored By

Gustavo Rivera

Current Bill Status - On Floor Calendar

Your Voice

Actions

Votes

Mar 14, 2023 - Health committee Vote

Health Committee Vote: Mar 14, 2023

S2928 (ACTIVE) - Details

S2928 (ACTIVE) - Summary

S2928 (ACTIVE) - Sponsor Memo

S2928 (ACTIVE) - Bill Text download pdf

Comments