S T A T E O F N E W Y O R K
________________________________________________________________________
1257
2025-2026 Regular Sessions
I N A S S E M B L Y
January 9, 2025
___________
Introduced by M. of A. PAULIN, SAYEGH, JACKSON, TAPIA, SEPTIMO,
DE LOS SANTOS, SIMONE, WEPRIN, REYES, BRABENEC, SIMON, STERN, COLTON,
RAGA, BURDICK, STECK, GALLAHAN -- read once and referred to the
Committee on Health
AN ACT to amend the public health law, in relation to the submission of
claims for services provided by home care agencies
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 3614-e of the public health law, as added by
section 49 of part B of chapter 57 of the laws of 2015, is amended to
read as follows:
§ 3614-e. Electronic payment of claims. 1. 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, by fiscal intermediaries operating pursuant
to section three hundred sixty-five-f of the social services law, and by
residential health care facilities operating pursuant to article twen-
ty-eight of this chapter shall be paid via electronic funds transfer.
CLAIMS FOR SERVICES PROVIDED BY HOME CARE AGENCIES LICENSED OR CERTIFIED
UNDER THIS ARTICLE AND BY FISCAL INTERMEDIARIES OPERATING PURSUANT TO
SECTION THREE HUNDRED SIXTY-FIVE-F OF THE SOCIAL SERVICES LAW SHALL BE
ONLY SUBMITTED AND REMITTED ON FORMS APPROVED BY THE CENTERS FOR MEDI-
CARE AND MEDICAID SERVICES. CLAIMS SHALL BE SUBMITTED TO INSURERS
DIRECTLY OR BY A BILLING ENTITY SELECTED BY THE HOME CARE AGENCY
LICENSED OR CERTIFIED UNDER THIS ARTICLE OR BY A FISCAL INTERMEDIARY
OPERATING PURSUANT TO SECTION THREE HUNDRED SIXTY-FIVE-F OF THE SOCIAL
SERVICES LAW. INSURERS SHALL NOT REQUIRE THE UTILIZATION BY CONTRACT OR
ACTION ANY SPECIFIC BILLING ENTITY BY A HOME CARE AGENCY LICENSED OR
CERTIFIED UNDER THIS ARTICLE OR BY A FISCAL INTERMEDIARY OPERATING
PURSUANT TO SECTION THREE HUNDRED SIXTY-FIVE-F OF THE SOCIAL SERVICES
LAW; NOR IMPEDE THE TIMELY PROCESSING AND PAYMENT OF CLAIMS.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03466-01-5
A. 1257 2
2. NOTHING SHALL LIMIT AN INSURER'S ABILITY TO REVIEW OR AUDIT CLAIMS
FOR FRAUD, WASTE, AND ABUSE.
3. Such insurers shall include but not be limited to Medicaid managed
care plans and managed long-term care plans.
§ 2. This act shall take effect on the thirtieth day after it shall
have become a law.