S T A T E O F N E W Y O R K
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10608
I N A S S E M B L Y
March 13, 2026
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Introduced by M. of A. SANTABARBARA -- read once and referred to the
Committee on Health
AN ACT to amend the social services law, in relation to subcontracted
facilitators of the statewide fiscal intermediary
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subparagraphs (ii-b) and (ii-c) of paragraph (a) of subdi-
vision 4-a of section 365-f of the social services law, as added by
section 1 of part HH of chapter 57 of the laws of 2024, are amended and
a new subparagraph (ii-d) is added to read as follows:
(ii-b) (A) FOR THE PURPOSES OF THIS SECTION, "SUBCONTRACTED FACILITA-
TORS" ARE COMMUNITY-BASED ORGANIZATIONS WHO PROVIDE DELEGATED FISCAL
INTERMEDIARY SERVICES THAT ASSIST CONSUMERS TO ENROLL WITH THE STATEWIDE
FISCAL INTERMEDIARY AND ALSO PROVIDE ONGOING CUSTOMER SERVICE AND
ASSISTANCE WITH THEIR RESPONSIBILITY AS JOINT EMPLOYERS. SUBCONTRACTED
FACILITATORS SHALL PROVIDE DISABILITY AND CULTURALLY COMPETENT SUPPORT
TO CONSUMERS WHO RELY ON THE PROGRAM TO LIVE INDEPENDENTLY.
(B) FOR PURPOSES OF THIS SECTION, "DELEGATED FISCAL INTERMEDIARY
SERVICES" ARE DEFINED AS FISCAL INTERMEDIARY SERVICES AS SET FORTH IN
SUBPARAGRAPH (II) OF THIS SUBDIVISION THAT THE STATEWIDE FISCAL INTERME-
DIARY INCLUDES IN A SUBCONTRACT WITH ANY SUBCONTRACTED FACILITATOR AND
WHICH SHALL INCLUDE SERVICES DESIGNED TO MEET THE NEEDS OF CONSUMERS OF
THE PROGRAM, INCLUDING, BUT NOT LIMITED TO, ASSISTING CONSUMERS WITH
NAVIGATION OF THE PROGRAM BY PROVIDING INDIVIDUAL CONSUMER ASSISTANCE
AND SUPPORT AS NEEDED, CONSUMER PEER SUPPORT, AND EDUCATION AND TRAINING
TO CONSUMERS ON THEIR DUTIES UNDER THE PROGRAM.
(C) The statewide fiscal intermediary shall subcontract to facilitate
the delivery of DELEGATED fiscal intermediary services to [an] ANY enti-
ty that is a service center for independent living under section one
thousand one hundred twenty-one of the education law that has been
providing fiscal intermediary services since January first, two thousand
twenty-four or earlier. The statewide fiscal intermediary shall further
subcontract to facilitate the delivery of fiscal intermediary services
with at least one entity per rate setting region that has a proven
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15018-03-6
A. 10608 2
record of delivering services to individuals with disabilities and the
senior population, and has been providing fiscal intermediary services
since January first, two thousand twelve; provided that such [subcon-
tractor] SUBCONTRACTED FACILITATOR shall be required to provide any
delegated fiscal intermediary services with cultural and linguistic
competency specific to the population of consumers and those of the
available workforce, and shall comply with the requirements for regis-
tration as a fiscal intermediary set forth in subdivision four-a-one of
this section. [For purposes of this section, "delegated fiscal interme-
diary services" are defined as fiscal intermediary services as set forth
in subparagraph (ii) of paragraph (a) of this subdivision that the
statewide fiscal intermediary includes in a subcontract and which shall
include services designed to meet the needs of consumers of the program,
which may include assisting consumers with navigation of the program by
providing individual consumer assistance and support as needed, consumer
peer support, and education and training to consumers on their duties
under the program.]
(D) SUBCONTRACTED FACILITATORS SHALL EXECUTE TEAMING AGREEMENTS WITH
THE STATEWIDE FISCAL INTERMEDIARY, AND SHALL SUBMIT CAPACITY PLANS FOR
THE PROVISION OF SERVICES TO THE STATEWIDE FISCAL INTERMEDIARY UPON
BEING SUBCONTRACTED AND EVERY THREE YEARS THEREAFTER.
(E) CONSUMERS SHALL BE MADE AWARE OF THEIR RIGHT TO REQUEST THESE
SERVICES, AND WHAT THESE SERVICES ENTAIL. THE STATEWIDE FISCAL INTERME-
DIARY SHALL AT LEAST QUARTERLY INFORM CONSUMERS ABOUT THE AVAILABILITY
OF SUCH FACILITATION SERVICES AND THE LOCATION AND CONTACT INFORMATION
OF SUBCONTRACTED FACILITATORS SERVING THEIR LOCAL AREA FOR CONSUMERS TO
SELECT FROM.
(F) ALL CONSUMERS WILL BE ASSIGNED A FACILITATOR OF THEIR CHOOSING.
IF A CONSUMER IS AT RISK OF LOSING FACILITATION SERVICES DUE TO A CHANGE
IN PROGRAM ELIGIBILITY OR ANOTHER ADMINISTRATIVE ISSUE, THE CONSUMER
SHALL REMAIN WITH THEIR CHOSEN FACILITATOR UNLESS THE CONSUMER CHOOSES
ANOTHER FACILITATOR. CONSUMERS SHALL NOT BE ASSIGNED TO A FACILITATOR BY
THE STATEWIDE FISCAL INTERMEDIARY WITHOUT THEIR EXPRESS DIRECTION TO DO
SO. IF A CONSUMER PREFERS TO, OR MUST, CHANGE FACILITATORS FOR ANY
REASON, THE STATEWIDE FISCAL INTERMEDIARY SHALL ASSIST THE CONSUMER BY
PROVIDING A LIST OF OTHER FACILITATORS THAT SERVE THE CONSUMER'S COUNTY
OR SERVICE REGION.
(G) THE STATEWIDE FISCAL INTERMEDIARY SHALL MAINTAIN A COMPLETE,
UP-TO-DATE, PUBLICLY AVAILABLE LISTING OF ALL SUBCONTRACTED FACILITA-
TORS, WHICH IT SHALL PROMINENTLY PUBLISH ON ITS WEBSITE. FURTHER, THE
STATEWIDE FISCAL INTERMEDIARY SHALL ORGANIZE THIS LISTING ACCORDING TO
STATE GEOGRAPHICAL REGION, AND INDICATE DESIGNATION AS AN INDEPENDENT
LIVING CENTER AND RELEVANT CULTURAL OR LINGUISTIC COMPETENCE, TO ASSIST
CONSUMERS IN THE SELECTION OF A LOCAL, CULTURALLY AND LINGUISTICALLY
COMPETENT SUBCONTRACTED FACILITATOR.
(ii-c) (A) The statewide fiscal intermediary shall be responsible for
payment to [subcontractors] SUBCONTRACTED FACILITATORS for delegated
fiscal intermediary services. The payment shall not require a certif-
ication by the commissioner if payments are reasonably related to the
costs of efficient delivery of such services.
(B) THE STATEWIDE FISCAL INTERMEDIARY SHALL FULLY COMPLY WITH ALL
EXECUTED SUBCONTRACT FINANCIAL OBLIGATIONS, CAPACITY PLAN COMMITMENTS,
AND TEAMING AGREEMENTS. FOR EVERY MONTH THE STATEWIDE FISCAL INTERME-
DIARY IS IN NON-COMPLIANCE WITH THIS CLAUSE, THE STATEWIDE FISCAL INTER-
MEDIARY SHALL PROVIDE DIRECT PAYMENT TO EACH SUBCONTRACTED FACILITATOR
A. 10608 3
IN AN AMOUNT EQUIVALENT TO THE REFERRAL RATE AGREED TO MULTIPLIED BY THE
NUMBER OF REFERRALS NOT SERVED BY SUCH SUBCONTRACTOR.
(II-D) THE STATEWIDE FISCAL INTERMEDIARY SHALL NOT PERFORM SUBCON-
TRACTED FISCAL INTERMEDIARY SERVICES AND SHALL REMAIN ENTIRELY SEPARATE
FROM ANY SUBCONTRACTED FACILITATORS. THE STATEWIDE FISCAL INTERMEDIARY
SHALL NOT CREATE OR ACQUIRE ADDITIONAL CORPORATE STRUCTURES OR SUBSID-
IARIES WHICH WOULD PROVIDE SUCH FACILITATION SERVICES. ONLY QUALIFIED
ENTITIES SUBCONTRACTED UNDER CLAUSE (C) OF SUBPARAGRAPH (II-B) OF THIS
PARAGRAPH SHALL BE REMITTED TO BE FACILITATORS.
§ 2. Subdivision 4-a-1 of section 365-f of the social services law, as
added by section 3 of part HH of chapter 57 of the laws of 2024, is
amended to read as follows:
4-a-1. (a) Fiscal intermediary registration. Except for the statewide
fiscal intermediary and its [subcontractors] SUBCONTRACTED FACILITATORS,
as of April first, two thousand twenty-five, no entity shall provide,
directly or through contract, fiscal intermediary services. All [subcon-
tractors of the statewide fiscal intermediary,] SUBCONTRACTED FACILITA-
TORS shall register with the department within thirty days of being
selected as a [subcontractor] SUBCONTRACTED FACILITATOR.
(b) In selecting its [subcontractors] SUBCONTRACTED FACILITATORS, the
statewide fiscal intermediary shall consider demonstrated compliance
with all applicable federal and state laws and regulations, including
but not limited to, marketing and labor practices, cost reporting, and
electronic visit verification requirements.
§ 3. This act shall take effect immediately.