S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5473
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               March 6, 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  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  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.
                                                            LBD08064-01-3