Assembly Bill A10537

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10537
 
                           I N  A S S E M B L Y
 
                               March 6, 2026
                                ___________
 
 Introduced  by  M. of A. GONZALEZ-ROJAS -- read once and referred to the
   Committee on Health
 
 AN ACT to amend the social services law, in relation to fiscal  interme-
   diaries under the consumer directed personal assistance  program;  and
   to repeal certain provisions of such law relating thereto
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (c) of subdivision 4-a of section  365-f  of  the
 social services law is REPEALED and a new paragraph (c) is added to read
 as follows:
   (C)  (I)  THE STATEWIDE FISCAL INTERMEDIARY SHALL FURNISH ALL INFORMA-
 TION NECESSARY FOR THE COMMISSIONER  TO  ASSURE  ADEQUATE  CAPACITY  AND
 ACCESS  FOR CONSUMERS USING THE PROGRAM AND TO ESTABLISH ADMINISTRATIVE,
 FINANCIAL, AND MANAGEMENT ARRANGEMENTS IN A FORM AND MANNER  ESTABLISHED
 BY THE COMMISSIONER.
   (II)  THE DATA REQUIRED IN THE REPORTS PURSUANT TO SUBPARAGRAPH (I) OF
 THIS PARAGRAPH SHALL BE FURNISHED TO THE COMMISSIONER AT LEAST QUARTERLY
 AND SHALL BE BASED ON A CALENDAR YEAR. DATA SHALL BE BASED ON THE APPLI-
 CABLE REPORTING  PERIOD,  UNLESS  OTHERWISE  SPECIFIED.  DATA  SHALL  BE
 FURTHER  DETAILED  BY  MONTH;  RATE SETTING REGION; AND THE MANAGED CARE
 PLAN OR LOCAL DEPARTMENT OF SOCIAL  SERVICES  AUTHORIZING  SERVICES,  AS
 APPLICABLE.  THE  REPORT  OR  REPORTS  SHALL BE DUE THIRTY CALENDAR DAYS
 AFTER THE LAST DAY OF THE QUARTER, UNLESS THE COMMISSIONER ESTABLISHES A
 MORE FREQUENT REPORTING PERIOD FOR ANY OR ALL OF THE ITEMS HEREIN.
   (III) THE DATA TO BE REPORTED SHALL INCLUDE, BUT NOT BE LIMITED TO:
   (A) TO ENSURE ADEQUATE MONITORING  AND  ACCESS  OF  THE  PROGRAM,  THE
 STATEWIDE  FISCAL  INTERMEDIARY SHALL REPORT UTILIZATION DATA THAT SHALL
 INCLUDE, BUT NOT BE LIMITED TO:
   (1) THE NUMBER OF CONSUMERS FOR WHOM THE STATEWIDE FISCAL INTERMEDIARY
 HAS RECEIVED AN AUTHORIZATION FROM A MANAGED CARE ORGANIZATION OR  LOCAL
 DEPARTMENT OF SOCIAL SERVICES FOR THE RECEIPT OF SERVICES, INCLUDING THE
 NUMBER OF CONSUMERS AUTHORIZED TO RECEIVE SERVICES WITH THE SUPPORT OF A
 DESIGNATED REPRESENTATIVE;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14768-01-6
              

 A. 10537                            2
 
   (2)  THE  NUMBER  OF  CONSUMERS COMPLETELY ENROLLED WITH THE STATEWIDE
 FISCAL INTERMEDIARY AND ELIGIBLE  TO  RECEIVE  SERVICES,  INCLUDING  THE
 NUMBER  OF  CONSUMERS ENROLLED TO RECEIVE SERVICES WITH THE SUPPORT OF A
 DESIGNATED REPRESENTATIVE;
   (3)  THE  NUMBER OF CONSUMER DIRECTED PERSONAL ASSISTANTS, CATEGORIZED
 BY THOSE WHO ARE FULLY REGISTERED AND WORKING AND THOSE WHO ARE PARTIAL-
 LY REGISTERED AND NOT YET PROVIDING SERVICES;
   (4) THE TOTAL NUMBER OF CONSUMER DIRECTED PERSONAL ASSISTANTS;
   (5) THE AVERAGE NUMBER OF CONSUMER DIRECTED  PERSONAL  ASSISTANTS  PER
 CONSUMER;
   (6) THE NUMBER OF NEW CONSUMERS, INCLUDING, BUT NOT LIMITED TO:
   (I)  THE  NUMBER  OF NEW CONSUMERS OFFERED SERVICES BY A SUBCONTRACTED
 FACILITATOR;
   (II) THE NUMBER  OF  NEW  CONSUMERS  OPTING  TO  RECEIVE  FACILITATION
 SERVICES VIA A SUBCONTRACTED FACILITATOR;
   (III)  THE  NUMBER  OF NEW CONSUMERS WHO BEGAN RECEIVING SERVICES LESS
 THAN THREE DAYS AFTER A SERVICE AUTHORIZATION WAS RECEIVED; AND
   (IV) ANY OTHER DATA REQUIRED BY THE COMMISSIONER;
   (7) THE NUMBER  OF  CONSUMERS  WHO  DISCONTINUED  SERVICES,  INCLUDING
 SPECIFIC  INFORMATION  ON WHETHER SUCH DISCONTINUED SERVICES WERE DUE TO
 ONE OF THE FOLLOWING REASONS:
   (I) A LAPSE IN SERVICE AUTHORIZATION;
   (II) DEATH;
   (III) A LACK OF CONTINUED PROGRAM ELIGIBILITY; OR
   (IV) ANY OTHER REASON DETERMINED BY THE COMMISSIONER;
   (8) THE NUMBER OF HOURS CONSUMERS ARE  AUTHORIZED  TO  RECEIVE,  AS  A
 TOTAL  AND  BASED  UPON  CATEGORIES ESTABLISHED BY THE COMMISSIONER THAT
 SHALL, AT A MINIMUM, CONTAIN THREE DIFFERENT GROUPINGS;
   (9) THE NUMBER OF HOURS FROM THE AUTHORIZATION THAT CONSUMERS UTILIZE;
 AS A TOTAL AND BASED UPON CATEGORIES  ESTABLISHED  BY  THE  COMMISSIONER
 THAT SHALL BE CONSISTENT WITH SUBCLAUSE EIGHT OF THIS CLAUSE;
   (10) THE TIME INCREMENT BY WHICH UTILIZED HOURS ARE CALCULATED; AND
   (11)  THE  NUMBER  OF REFERRALS THAT THE STATEWIDE FISCAL INTERMEDIARY
 RECEIVED DURING THE REPORTING PERIOD FROM EACH  MANAGED  CARE  ORGANIZA-
 TION,  LOCAL  DEPARTMENT  OF  SOCIAL  SERVICES, THE NEW YORK INDEPENDENT
 ASSESSOR, AND ANY OTHER SOURCE AS DETERMINED BY THE COMMISSIONER.
   (B) TO PROTECT MEDICAL ASSISTANCE RECIPIENTS IN USING THE PROGRAM  AND
 ENSURE EFFECTIVE USE OF MEDICAL ASSISTANCE FUNDS, THE COMMISSIONER SHALL
 COLLECT FINANCIAL DATA FROM THE STATEWIDE FISCAL INTERMEDIARY. SUCH DATA
 SHALL INCLUDE, BUT NOT BE LIMITED TO:
   (1)  THE REIMBURSEMENT RATES PAID TO THE STATEWIDE FISCAL INTERMEDIARY
 BY EACH MANAGED CARE ENTITY OPERATING PURSUANT TO SECTION THREE  HUNDRED
 SIXTY-FIVE-J  OF  THIS  CHAPTER OR SECTION FORTY-FOUR HUNDRED THREE-F OF
 THE PUBLIC HEALTH LAW, INCLUDING A DETAILING OF  HOW  THE  REIMBURSEMENT
 RATE  IS USED ON DIRECT CARE EXPENDITURES, AS WELL AS ANY OTHER COSTS IT
 IS USED FOR;
   (2) IN ORDER TO ENSURE THE FINANCIAL STABILITY OF THE STATEWIDE FISCAL
 INTERMEDIARY, THE MANNER IN WHICH THE PER MEMBER PER  MONTH  ADMINISTRA-
 TIVE  PAYMENT,  AS  WELL AS ANY OTHER REIMBURSEMENTS NOT USED FOR DIRECT
 CARE SERVICES, IN WHOLE OR IN  PART,  ARE  DISTRIBUTED  TO  ACCOUNT  FOR
 ADMINISTRATIVE   AND   GENERAL  OPERATING  EXPENDITURES,  INCLUDING  THE
 PERCENTAGE PAID FOR  EXECUTIVE  LEVEL  LEADERSHIP,  AS  DEFINED  BY  THE
 COMMISSIONER; THE PERCENTAGE PAID FOR CAPITAL EXPENDITURES; THE PERCENT-
 AGE PAID FOR NON-EXECUTIVE LEVEL ADMINISTRATIVE STAFF, INCLUDING CUSTOM-
 ER  SERVICE  STAFF;  THE PERCENTAGE PAID FOR CONTRACTED STAFF, INCLUDING
 TEMPORARY WORKERS; THE PERCENTAGE  PAID  FOR  SUBCONTRACTED  FACILITATOR
 A. 10537                            3
 
 SERVICES;  THE  PERCENTAGE  FOR LANGUAGE AND AMERICANS WITH DISABILITIES
 ACT RELATED ACCESSIBILITY; THE PERCENTAGE USED AS PROFIT AND DISTRIBUTED
 TO INDIVIDUAL OWNERS; PARENT OR SUBSIDIARY CORPORATIONS; EQUITY HOLDERS;
 SHAREHOLDERS; OR ANY OTHER OWNERSHIP ENTITY OR INDIVIDUAL IN CASH, DIVI-
 DENDS OR OTHER PAYMENTS, INCLUDING DIGITAL CURRENCY; AND ANY OTHER MEAS-
 URES DETERMINED BY THE COMMISSIONER;
   (3)  IN  THE EVENT OF ADVANCE PAYMENT TO THE STATEWIDE FISCAL INTERME-
 DIARY FOR SERVICES RENDERED, THE AMOUNT OF THE RECONCILIATION AMOUNT  AT
 THE CLOSE OF EACH MONTH IN THE REPORTING PERIOD;
   (4)  IN  ANY  REGION  SUBJECT  TO THE PROVISIONS OF SECTION THIRTY-SIX
 HUNDRED FOURTEEN-C OF  THE  PUBLIC  HEALTH  LAW,  A  FULL  REPORTING  OF
 EXPENSES TO ENSURE FULL COMPLIANCE WITH SAID SECTION AND ANY REGULATIONS
 PROMULGATED PURSUANT TO SAID SECTION IN A MANNER THAT IS SATISFACTORY TO
 THE  COMMISSIONER TO DEMONSTRATE THAT NO PORTION OF THE DOLLARS SPENT OR
 TO BE SPENT TO SATISFY THE WAGE OR BENEFIT PORTION  UNDER  THAT  SECTION
 WERE  RETURNED  TO  THE  STATEWIDE  FISCAL  INTERMEDIARY  OR ITS RELATED
 PERSONS OR ENTITIES, OTHER THAN TO A HOME CARE AIDE AS DEFINED  IN  SAID
 SECTION  TO  WHOM  THE  WAGE OR BENEFITS ARE DUE, AS A REFUND, DIVIDEND,
 PROFIT, OR IN ANY OTHER MANNER;
   (5) ANY PENDING OR RESOLVED LITIGATION, PENALTIES, PAYMENTS,  CONTRACT
 TERMINATIONS,  WAGE  THEFT  COMPLAINTS OR OTHER ACTIONS AS DETERMINED BY
 THE COMMISSIONER, IN THIS STATE OR ANY OTHER  STATE,  WITH  THE  HIGHEST
 POTENTIAL  PENALTY FACED FOR ANY UNRESOLVED ACTION AND THE ACTUAL AMOUNT
 OF PENALTY IMPOSED IN THE EVENT OF RESOLVED ACTIONS, SO AS TO  DETERMINE
 THE  IMPACT  ON THE STATEWIDE FISCAL INTERMEDIARY'S CONTINUED ABILITY TO
 ADEQUATELY PROVIDE SERVICES TO CONSUMERS;
   (6) THE AMOUNT OF OVERTIME WAGES PAID TO  CONSUMER  DIRECTED  PERSONAL
 ASSISTANTS WITHIN THE QUARTER, INCLUDING, BUT NOT LIMITED TO:
   (I)  THE  TOTAL  NUMBER  OF  OVERTIME  HOURS REPORTED IN THE STATEWIDE
 FISCAL INTERMEDIARY'S ELECTRONIC VISIT VERIFICATION SYSTEM;
   (II) THE TOTAL NUMBER OF OVERTIME HOURS PAID BY THE  STATEWIDE  FISCAL
 INTERMEDIARY;
   (III)  THE  TOTAL  AMOUNT  OF OVERTIME WAGES PAID TO CONSUMER DIRECTED
 PERSONAL ASSISTANTS;
   (IV) THE TOTAL NUMBER OF CONSUMER DIRECTED PERSONAL ASSISTANTS WORKING
 OVERTIME;
   (V) THE AVERAGE NUMBER OF OVERTIME HOURS WORKED AS A RATE  ACROSS  ALL
 CONSUMER DIRECTED PERSONAL ASSISTANTS; AND
   (VI) THE AVERAGE NUMBER OF OVERTIME HOURS WORKED AS A RATE ACROSS ONLY
 CONSUMER DIRECTED PERSONAL ASSISTANTS WORKING OVERTIME;
   (7) THE NUMBER OF HOURS PAID BY THE STATEWIDE FISCAL INTERMEDIARY THAT
 WERE NOT BILLABLE TO MEDICAID, INCLUDING THOSE NOT PAYABLE BECAUSE:
   (I) THE CONSUMER HAD AN INVALID AUTHORIZATION BUT THE PERSONAL ASSIST-
 ANT STILL WORKED;
   (II)  THE  CONSUMER  EXCEEDED  THEIR AUTHORIZED HOURS BUT THE PERSONAL
 ASSISTANT STILL WORKED;
   (III) THE CONSUMER WAS IN THE HOSPITAL OR ANOTHER SETTING THAT  DISAL-
 LOWED BILLING; AND
   (IV) OTHER REASONS DETERMINED BY THE COMMISSIONER.
   (C)  TO  ENSURE  THE  AVAILABILITY OF A WORKFORCE TO MEET THE NEEDS OF
 CONSUMERS UTILIZING THE PROGRAM, THE STATEWIDE FISCAL INTERMEDIARY SHALL
 PROVIDE CONSUMER DIRECTED PERSONAL ASSISTANT DATA, INCLUDING PAYROLL AND
 WAGE INFORMATION THAT INCLUDES, BUT IS NOT LIMITED TO:
   (1) THE AVERAGE NUMBER OF DAYS IT TAKES  TO  ONBOARD  A  NEW  PERSONAL
 ASSISTANT;
   (2) THE NUMBER OF TIMELY PROCESSED PAYROLLS PER CYCLE;
 A. 10537                            4
 
   (3) THE WAGE ON A PER HOUR BASIS OF CONSUMER DIRECTED PERSONAL ASSIST-
 ANTS;
   (4)  THE  NUMBER  OF ACCURATE PAYCHECKS PER PAYROLL PERIOD COMPARED TO
 THE NUMBER OF TOTAL PAYCHECKS PER PAYROLL PERIOD;
   (5) THE TIME  INCREMENT  USED  TO  CALCULATE  A  PERSONAL  ASSISTANT'S
 PAYROLL;
   (6)  THE NUMBER OF HOURS REGISTERED WITHIN THE STATEWIDE FISCAL INTER-
 MEDIARY'S TIME AND ATTENDANCE SYSTEM;
   (7) THE NUMBER OF HOURS AND WAGES PAID BY THE STATEWIDE FISCAL  INTER-
 MEDIARY TO CONSUMER DIRECTED PERSONAL ASSISTANTS PER PAYROLL PERIOD;
   (8)  THE  NUMBER  OF HOURS AND AMOUNT OF WAGES PENDED BY THE STATEWIDE
 FISCAL INTERMEDIARY PER PAYROLL PERIOD. SUCH DATA SHALL  BE  CATEGORIZED
 BY:
   (I) HOURS AND WAGES THAT HAVE BEEN PENDED FOR THIRTY DAYS OR LESS;
   (II)  HOURS AND WAGES THAT HAVE BEEN PENDED FOR SIXTY DAYS OR LESS BUT
 MORE THAN THIRTY DAYS;
   (III) HOURS AND WAGES THAT HAVE BEEN PENDED FOR NINETY  DAYS  OR  LESS
 BUT MORE THAN SIXTY DAYS;
   (IV) HOURS AND WAGES THAT HAVE BEEN PENDED FOR ONE HUNDRED EIGHTY DAYS
 OR LESS BUT MORE THAN NINETY DAYS; AND
   (V)  HOURS AND WAGES THAT HAVE BEEN PENDED FOR OVER ONE HUNDRED EIGHTY
 DAYS;
   (9) THE NUMBER OF HOURS IN REVIEW BY THE STATEWIDE FISCAL INTERMEDIARY
 PER PAYROLL PERIOD. SUCH DATA SHALL BE CATEGORIZED BY:
   (I) HOURS AND WAGES THAT HAVE BEEN IN REVIEW FOR THIRTY DAYS OR LESS;
   (II) HOURS AND WAGES THAT HAVE BEEN IN REVIEW FOR SIXTY DAYS  OR  LESS
 BUT MORE THAN THIRTY DAYS;
   (III) HOURS AND WAGES THAT HAVE BEEN IN REVIEW FOR NINETY DAYS OR LESS
 BUT MORE THAN SIXTY DAYS;
   (IV)  HOURS  AND WAGES THAT HAVE BEEN IN REVIEW FOR ONE HUNDRED EIGHTY
 DAYS OR LESS BUT MORE THAN NINETY DAYS; AND
   (V) HOURS AND WAGES THAT HAVE BEEN IN  REVIEW  FOR  OVER  ONE  HUNDRED
 EIGHTY DAYS;
   (10)  THE  NUMBER  OF  HOURS  AND WAGES DENIED BY THE STATEWIDE FISCAL
 INTERMEDIARY PER PAYROLL PERIOD. SUCH DATA SHALL INCLUDE THE  NUMBER  OF
 INSTANCES  WHERE THE STATEWIDE FISCAL INTERMEDIARY'S TIME AND ATTENDANCE
 SYSTEM PREVENTED A CONSUMER DIRECTED PERSONAL ASSISTANT FROM BEGINNING A
 SHIFT;
   (11) IN RELATION TO ITEMS EIGHT, NINE AND TEN OF THIS  SUBCLAUSE,  THE
 THREE MOST COMMON REASONS FOR THE ACTION;
   (12) IN RELATION TO SUBCLAUSES EIGHT, NINE AND TEN OF THIS CLAUSE, THE
 NUMBER  OF  COMMUNICATIONS  SENT TO CONSUMERS INFORMING THEM OF THE FACT
 THAT THEIR CONSUMER DIRECTED PERSONAL ASSISTANTS' WAGES WERE SUBJECT  TO
 SUCH  ACTION  AND  DETAILING  HOW  THE CONSUMER OR THE CONSUMER DIRECTED
 PERSONAL ASSISTANT COULD RESOLVE THE ISSUE OR ISSUES; AND
   (13) THE NUMBER OF HOURS IN  EXCESS  OF  THIRTEEN  PAID  FOR  CONSUMER
 DIRECTED  PERSONAL  ASSISTANTS  WORKING  WITH  CONSUMERS  AUTHORIZED  TO
 RECEIVE TWENTY-FOUR HOUR LIVE-IN  CARE  DUE  TO  THE  CONSUMER  DIRECTED
 PERSONAL  ASSISTANT  NOT  RECEIVING REQUIRED SLEEP OR BREAKS, AS WELL AS
 THE NUMBER OF INDIVIDUAL CASES OF PAYMENTS  BEING  NECESSARY  THAT  SUCH
 HOURS REPRESENT.
   (D) TO ENSURE THAT CONSUMERS AND CONSUMER DIRECTED PERSONAL ASSISTANTS
 IN  THE  PROGRAM  RECEIVE  HIGH  QUALITY  SERVICES, THE STATEWIDE FISCAL
 INTERMEDIARY SHALL PROVIDE DATA  REGARDING  CUSTOMER  SERVICE  REQUESTS,
 COMPLAINTS, AND ACCESSIBILITY, INCLUDING BUT NOT LIMITED TO:
 A. 10537                            5
 
   (1)  THE NUMBER OF CONSUMER CUSTOMER SERVICE CALLS, INCLUDING THE FIVE
 MOST COMMON REASONS FOR SUCH CALLS;
   (2)  THE  AVERAGE  WAIT TIME FOR CONSUMERS ON THE PHONE TO HAVE A CALL
 ANSWERED BY A LIVE INDIVIDUAL, OR IN THE EVENT THAT THE CONSUMER CHOOSES
 TO LEAVE A MESSAGE, THE AVERAGE AMOUNT OF TIME IT TAKES FOR  THE  STATE-
 WIDE FISCAL INTERMEDIARY TO RETURN THE INDIVIDUAL'S CALL;
   (3)  THE  AVERAGE  AMOUNT  OF  TIME  IT TAKES FOR THE STATEWIDE FISCAL
 INTERMEDIARY TO SUCCESSFULLY RESOLVE A CONSUMER CUSTOMER SERVICE CALL;
   (4) THE NUMBER OF COMPLAINTS RECEIVED FROM:
   (I) CONSUMERS;
   (II) CONSUMER DIRECTED PERSONAL ASSISTANTS; AND
   (III) DESIGNATED REPRESENTATIVES VIA PHONE CALL AND FORM.
   FOR EACH GROUP, THE TOP FIVE CATEGORIES OF COMPLAINTS SHALL BE IDENTI-
 FIED;
   (5) THE NUMBER OF COMPLAINTS SUCCESSFULLY RESOLVED FOR:
   (I) CONSUMERS;
   (II) CONSUMER DIRECTED PERSONAL ASSISTANTS; AND
   (III) DESIGNATED REPRESENTATIVES;
   (6) THE NUMBER OF UNRESOLVED COMPLAINTS FOR:
   (I) CONSUMERS;
   (II) CONSUMER DIRECTED PERSONAL ASSISTANTS; AND
   (III) DESIGNATED REPRESENTATIVES;
   (7) THE NUMBER OF COMPLAINTS CLOSED WITHOUT SUCCESSFUL  RESOLUTION  BY
 THE STATEWIDE FISCAL INTERMEDIARY FOR:
   (I) CONSUMERS;
   (II) CONSUMER DIRECTED PERSONAL ASSISTANTS; AND
   (III) DESIGNATED REPRESENTATIVES;
   (8)  THE  NUMBER OF CALLS OR INTERACTIONS FOR WHICH AN INTERPRETER WAS
 REQUESTED, INCLUDING DETAIL ON THE SPECIFIC NUMBER OF CALLS RECEIVED  IN
 THE  TOP TEN LANGUAGES SPOKEN IN THE STATE AS DEFINED BY THE COMMISSION-
 ER;
   (9) THE NUMBER OF LIVE OR RECORDED INTERACTIONS, EITHER IN-PERSON, VIA
 TELEPHONE,  OR  VIA  ELECTRONIC  MEANS  FOR  WHICH  AN  INTERPRETER  WAS
 PROVIDED,  INCLUDING  SPECIFIC  DETAIL  ON THE SPECIFIC NUMBER OF INTER-
 ACTIONS IN WHICH AN INTERPRETER WAS PROVIDED FOR THE TOP  TEN  LANGUAGES
 SPOKEN IN THE STATE, AS DEFINED BY THE COMMISSIONER;
   (10)  THE NUMBER OF LIVE OR RECORDED INTERACTIONS, EITHER IN-PERSON OR
 VIA ELECTRONIC MEANS, IN WHICH AN AMERICAN SIGN LANGUAGE INTERPRETER WAS
 PROVIDED IN-PERSON OR VIA VIDEO RELAY;
   (11) THE NUMBER OF LIVE OR RECORDED INTERACTIONS, EITHER IN-PERSON  OR
 VIA  ELECTRONIC  MEANS, THAT INCLUDED MEASURES FOR INDIVIDUALS WITH LOW-
 VISION OR WHO ARE BLIND.
   (E) TO TRACK INFORMATION ABOUT  SUBCONTRACTED  FACILITATORS  OPERATING
 PURSUANT  TO A SUBCONTRACT UNDER SUBPARAGRAPH (II-A) OF PARAGRAPH (B) OF
 THIS SECTION AND ENSURE THAT CONSUMERS WHO  NEED  OR  DESIRE  SUPPORTIVE
 SERVICES  PROVIDED  BY  SUCH  SUBCONTRACTED FACILITATORS ARE OFFERED AND
 RECEIVE THEM, THE STATEWIDE FISCAL INTERMEDIARY SHALL PROVIDE DATA ABOUT
 THEIR INTERACTIONS WITH  SUBCONTRACTED  FACILITATORS.  SUCH  DATA  SHALL
 INCLUDE, BUT NOT BE LIMITED TO:
   (1)  THE  NUMBER  OF  CONSUMERS WHO ARE OFFERED THE ABILITY TO RECEIVE
 SUPPORT SERVICES VIA A SUBCONTRACTED FACILITATOR:
   (I) UPON INITIAL ENROLLMENT WITH THE  STATEWIDE  FISCAL  INTERMEDIARY;
 AND
   (II)  AT  SUBSEQUENT INTERVALS AFTER INITIAL ENROLLMENT, INCLUDING THE
 STANDARD TIME INTERVAL FOR SUCH OFFERING IF SUCH STANDARD TIME  INTERVAL
 EXISTS AND THE TOP FIVE REASONS FOR SUCH OFFERING;
 A. 10537                            6

   (2) THE NUMBER OF CONSUMERS WHO OPT TO RECEIVE SUPPORT SERVICES FROM A
 SUBCONTRACTED FACILITATOR;
   (3) THE NUMBER OF CONSUMERS WHO ARE REGISTERED WITH EACH SUBCONTRACTED
 FACILITATOR;
   (4)  THE  NUMBER OF TIMES THE STATEWIDE FISCAL INTERMEDIARY OFFERS THE
 SERVICES OF EACH SPECIFIC SUBCONTRACTED FACILITATOR;
   (5) THE NUMBER OF CONSUMERS WHO REQUEST THE  USE  OF  A  SUBCONTRACTED
 FACILITATOR AFTER INITIAL ENROLLMENT;
   (6) THE NUMBER OF CONSUMERS WHO ARE OFFERED THE USE OF A SUBCONTRACTED
 FACILITATOR  AFTER  INITIAL  ENROLLMENT,  INCLUDING THE MOST COMMON FIVE
 REASONS SUCH OFFER IS MADE;
   (7) THE NUMBER OF CONSUMERS WHO LOSE  ACCESS  TO  SERVICES  THROUGH  A
 SUBCONTRACTED  FACILITATOR  DUE  TO A LAPSE IN SERVICE AUTHORIZATION AND
 THE NUMBER OF THOSE CONSUMERS WHO,  UPON  RESOLUTION  OF  THE  LAPSE  IN
 SERVICE AUTHORIZATION:
   (I)  ARE  AUTOMATICALLY  REENROLLED WITH THE SUBCONTRACTED FACILITATOR
 THEY WERE PREVIOUSLY ENROLLED WITH;
   (II) ARE OFFERED THE OPPORTUNITY TO REENROLL  WITH  THE  SUBCONTRACTED
 FACILITATOR THEY WERE PREVIOUSLY ENROLLED WITH AND OPT TO DO SO;
   (III)  ARE  OFFERED  THE  OPPORTUNITY TO ENROLL WITH THE SUBCONTRACTED
 FACILITATOR THEY WERE PREVIOUSLY ENROLLED WITH AND OPT TO ENROLL WITH  A
 DIFFERENT SUBCONTRACTED FACILITATOR INSTEAD;
   (IV)  ARE  OFFERED  THE  OPPORTUNITY  TO ENROLL WITH ANY SUBCONTRACTED
 FACILITATOR WITHOUT ACKNOWLEDGEMENT  OF  THE  SUBCONTRACTED  FACILITATOR
 THEY WERE PREVIOUSLY WORKING WITH;
   (V)  ARE OFFERED THE OPPORTUNITY TO ENROLL WITH THEIR PREVIOUS SUBCON-
 TRACTED FACILITATOR BUT OPT TO ENROLL ONLY  WITH  THE  STATEWIDE  FISCAL
 INTERMEDIARY;
   (VI)  ARE  DIRECTLY  REENROLLED WITH THE STATEWIDE FISCAL INTERMEDIARY
 WITH NO OFFER OF ENROLLMENT WITH A SUBCONTRACTED FACILITATOR; OR
   (VII) ANY OTHER CRITERIA THE COMMISSIONER MAY ESTABLISH;
   (8) THE NUMBER OF CONSUMERS WHO LEAVE EACH  SUBCONTRACTED  FACILITATOR
 WITH DATA REGARDING:
   (I)  HOW MANY OF THOSE CONSUMERS GO TO A DIFFERENT SUBCONTRACTED FACI-
 LITATOR;
   (II) HOW MANY OF  THOSE  CONSUMERS  BEGAN  RECEIVING  SERVICES  SOLELY
 THROUGH THE STATEWIDE FISCAL INTERMEDIARY;
   (III)  HOW  MANY  OF  THOSE CONSUMERS LEFT BECAUSE THEY NO LONGER WERE
 RECEIVING CONSUMER DIRECTED PERSONAL ASSISTANCE SERVICES; AND
   (IV) ANY OTHER DATA THE COMMISSIONER SHALL DETERMINE NECESSARY;
   (9) THE NUMBER OF CONSUMERS NOT RECEIVING FACILITATOR SERVICES WHO THE
 STATEWIDE FISCAL INTERMEDIARY REFERS TO THE MANAGED CARE ORGANIZATION OR
 LOCAL DEPARTMENT OF SOCIAL SERVICES DUE TO THE STATEWIDE FISCAL INTERME-
 DIARY'S BELIEF THAT THE CONSUMER OR THE CONSUMER'S DESIGNATED  REPRESEN-
 TATIVE  IS  NO  LONGER  CAPABLE  OF SELF-DIRECT OR MANAGE THEIR CONSUMER
 DIRECTED PERSONAL ASSISTANCE SERVICES, AND THE  NUMBER  WHO  WERE  FIRST
 REFERRED  TO  A  SUBCONTRACTED FACILITATOR FOR SUPPORTIVE SERVICES AS AN
 ATTEMPT TO BUILD THE SKILLS NECESSARY FOR SUCCESSFUL SELF-DIRECTION; AND
   (10) ANY OTHER DATA AS MAY BE DETERMINED NECESSARY BY THE  COMMISSION-
 ER.
   (F)  TO  ENSURE  THE  INTEGRITY  OF PUBLIC FUNDS, THE STATEWIDE FISCAL
 INTERMEDIARY SHALL PROVIDE DATA TO THE COMMISSIONER  INCLUDING  BUT  NOT
 LIMITED TO:
   (1)  THE  NUMBER  OF CONSUMERS REPORTED TO MANAGED CARE PLANS OR LOCAL
 DEPARTMENTS OF SOCIAL SERVICES BECAUSE THE STATEWIDE FISCAL INTERMEDIARY
 DETERMINED THEY MAY BE UNABLE TO SAFELY DIRECT THEIR OWN SERVICES;
 A. 10537                            7
 
   (2) THE NUMBER OF SELF-DISCLOSURES BY THE  STATEWIDE  FISCAL  INTERME-
 DIARY TO THE OFFICE OF THE MEDICAID INSPECTOR GENERAL;
   (3)  THE  NUMBER  OF  CONSUMERS REPORTED TO THE OFFICE OF THE MEDICAID
 INSPECTOR GENERAL FOR SUSPECTED FRAUD, WASTE, OR ABUSE;
   (4) THE NUMBER OF CONSUMER DIRECTED PERSONAL  ASSISTANTS  REPORTED  TO
 THE OFFICE OF THE MEDICAID INSPECTOR GENERAL FOR SUSPECTED FRAUD, WASTE,
 OR ABUSE;
   (5)  THE  NUMBER OF CONSUMERS REPORTED TO THE ATTORNEY GENERAL'S MEDI-
 CAID FRAUD CONTROL UNIT, OR ANY SUCCESSOR UNIT, FOR SUSPECTED FRAUD;
   (6) THE NUMBER OF CONSUMER DIRECTED PERSONAL  ASSISTANTS  REPORTED  TO
 THE  ATTORNEY  GENERAL'S  MEDICAID  FRAUD CONTROL UNIT, OR ANY SUCCESSOR
 UNIT, FOR SUSPECTED FRAUD; AND
   (7) THE NUMBER OF INTERNAL INCIDENTS CAPTURED BY THE STATEWIDE  FISCAL
 INTERMEDIARY'S MEDICAID COMPLIANCE PROGRAM, WITH OUTCOME;
   (8) ANY AUDITS OR INVESTIGATIONS OF THE STATEWIDE FISCAL INTERMEDIARY,
 OR  ANY  AFFILIATED  COMPANY  OR  INDIVIDUAL  WITH AN OWNERSHIP INTEREST
 GREATER THAN ONE PERCENT, BY THE OFFICE OF  THE  ATTORNEY  GENERAL,  THE
 COMPTROLLER,  THE OFFICE OF THE MEDICAID INSPECTOR GENERAL, OR ANY OTHER
 FEDERAL, STATE, COUNTY, OR MUNICIPAL AGENCY  OR  ENTITY  WITH  AUDIT  OR
 INVESTIGATIVE POWERS; AND
   (9) ANY AUDITS OR INVESTIGATIONS OF THE STATEWIDE FISCAL INTERMEDIARY,
 OR ANY AFFILIATED COMPANY OR INDIVIDUAL WITH AN OWNERSHIP INTEREST EQUAL
 TO  OR  GREATER  THAN  ONE  PERCENT, IN ANY OTHER STATE, BY ANY FEDERAL,
 STATE, COUNTY, OR MUNICIPAL AGENCY OR ENTITY WITH AUDIT OR INVESTIGATIVE
 POWERS.
   (IV) IN ADDITION TO THE QUARTERLY REPORTS REQUIRED BY THIS  PARAGRAPH,
 THE  STATEWIDE  FISCAL INTERMEDIARY SHALL COMPLETE AN ANNUAL REPORT. THE
 ANNUAL REPORT SHALL INCLUDE DATA FROM THE FOURTH QUARTER AS WELL AS  ALL
 INFORMATION  FROM  PREVIOUS  QUARTERLY REPORTS IN THE CALENDAR YEAR. ALL
 INFORMATION SHALL BE BROKEN OUT BY MONTH TO ALLOW  THE  COMMISSIONER  TO
 IDENTIFY  TRENDS,  AREAS  OF  IMPROVEMENT OR CONCERN, AND OTHER CRITICAL
 INFORMATION RELATED TO ACCESS, QUALITY, THE FINANCIAL WELL-BEING OF  THE
 ORGANIZATION, AND MEDICAID INTEGRITY.
   (V)  UPON RECEIPT BY THE DEPARTMENT, THE REPORTS SUBMITTED PURSUANT TO
 THIS PARAGRAPH SHALL BE MADE  PUBLICLY  AVAILABLE  ON  THE  DEPARTMENT'S
 WEBPAGE IN A MANNER THAT IS ACCESSIBLE AND SEARCHABLE. IN THE EVENT THAT
 AMENDMENTS  TO THE REPORT ARE NECESSARY BY THE STATEWIDE FISCAL INTERME-
 DIARY, SUCH AMENDMENTS SHALL NOT DELAY PUBLICATION  OF  THE  REPORT  BUT
 SHALL  BE  REFLECTED IN THE DATA ONCE SAID AMENDMENTS ARE RECEIVED, WITH
 DOCUMENTATION OF WHEN UPDATES WERE MADE AND WHICH SECTIONS WERE AMENDED.
   (VI) A FAILURE BY THE STATEWIDE FISCAL INTERMEDIARY TO PROVIDE DATA IN
 A TIMELY MANNER, THE SUBMISSION OF ANY DATA THAT IS KNOWINGLY FALSE,  OR
 THE  OMISSION  OF ANY DATA REQUIRED UNDER THE REPORT SHALL BE SUBJECT TO
 PENALTIES ESTABLISHED IN SUBDIVISION FOUR-B OF THIS SECTION, AS WELL  AS
 ANY  ADDITIONAL  PENALTIES  IMPOSED PURSUANT TO THE CONTRACT BETWEEN THE
 STATEWIDE FISCAL INTERMEDIARY AND THE DEPARTMENT.
   § 2. This act shall take effect immediately, provided that the reports
 requirements established pursuant to subparagraph (iii) of paragraph 4-a
 of section 365-f of the social services law made by section one of  this
 act  shall  not be required until the third quarter of the calendar year
 after the effective date of this act; and provided,  further,  that  the
 annual report required pursuant to subparagraph (iv) of paragraph 4-a of
 section 365-f of the social services law made by section one of this act
 shall  contain  information on all four quarters of the calendar year as
 mandated.