S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8355
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 13, 2025
                                ___________
 
 Introduced  by  M.  of A. PAULIN, ROSENTHAL, SIMON, LEE, SEPTIMO -- 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.  Subparagraphs (i) and (ii-a) of paragraph (a) of subdivi-
 sion 4-a of section 365-f of the social services law,  subparagraph  (i)
 as  amended  and subparagraph (ii-a) as added by section 1 of part HH of
 chapter 57 of the laws of 2024, are amended and a new subparagraph (i-a)
 is added to read as  follows:
   (i) "Statewide fiscal intermediary"  means  an  entity  that  provides
 fiscal  intermediary  services  and  has  a  contract for providing such
 services with the department of health  [and  is  selected  through  the
 procurement process described in paragraph (b) of this subdivision].
   (I-A) "FISCAL INTERMEDIARY" SHALL MEAN:
   (A)  AN  ENTITY  THAT  PROVIDES FISCAL INTERMEDIARY SERVICES AND HAS A
 CONTRACT FOR PROVIDING SUCH SERVICES WITH THE DEPARTMENT OF HEALTH;
   (B) 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 AS OF JANUARY FIRST, TWO THOUSAND TWENTY-
 FOUR, OR EARLIER; AND
   (C) AT THE DISCRETION OF THE COMMISSIONER, AN  ENTITY  THAT  HAS  BEEN
 SELECTED  AS  A  SUBCONTRACTOR UNDER THIS SECTION AS OF APRIL FIRST, TWO
 THOUSAND TWENTY-FIVE. FISCAL INTERMEDIARIES SHALL HAVE THE  SAME  STATUS
 AS  THE  SELECTED  STATEWIDE FISCAL INTERMEDIARY.  FISCAL INTERMEDIARIES
 SHALL BE REQUIRED TO PROVIDE 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 REGISTRATION AS A FISCAL INTERMEDIARY SET FORTH IN SUBDIVISION FOUR-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11417-04-5
              

 A. 8355                             2
 
 A-ONE OF THIS SECTION. FISCAL INTERMEDIARIES  ARE  INTENDED  TO  PROVIDE
 CONSUMER  CHOICE  OF  FISCAL INTERMEDIARY SERVICES, AND ARE PERMITTED TO
 EXPAND THEIR SERVICES INTO AREAS OF THE STATE LACKING CHOICE,  WITH  THE
 APPROVAL  OF  THE DEPARTMENT.  SUCH APPROVAL SHALL BE CONSIDERED THROUGH
 AN EXPEDITED PROCESS.
   (ii-a) The commissioner shall require any managed care plans,  managed
 long-term  care  plans,  local  social [service] SERVICES districts, and
 other appropriate long-term service programs offering consumer  directed
 personal  assistance  services  to  contract  with  the statewide fiscal
 intermediary AND THE FISCAL INTERMEDIARIES set forth  in  [subparagraph]
 SUBPARAGRAPHS  (i)  AND  (I-A)  of  this paragraph to provide all fiscal
 intermediary services to consumers.
   § 2. Subparagraphs (ii-b) and (ii-c) of paragraph (a)  and  paragraphs
 (b)  and  (c) of subdivision 4-a of section 365-f of the social services
 law are REPEALED.
   § 3. 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,  as  of  April  first,  two
 thousand  twenty-five]  A FISCAL INTERMEDIARY AS DEFINED IN SUBPARAGRAPH
 (I-A) OF PARAGRAPH (A) OF SUBDIVISION FOUR-A OF THIS SECTION, no  entity
 shall   provide,  directly  or  through  contract,  fiscal  intermediary
 services. [All subcontractors  of  the  statewide  fiscal  intermediary,
 shall  register with the department within thirty days of being selected
 as a subcontractor.]
   (b) [In selecting its subcontractors, the  statewide  fiscal  interme-
 diary 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.]  FISCAL INTERMEDIARIES MAY CONTRACT DIRECTLY WITH MANAGED
 CARE  PLANS,  MANAGED  LONG-TERM  CARE  PLANS,  LOCAL  SOCIAL   SERVICES
 DISTRICTS,  AND  OTHER  APPROPRIATE  LONG-TERM SERVICE PROGRAMS OFFERING
 CONSUMER DIRECTED PERSONAL ASSISTANCE SERVICES TO PROVIDE FISCAL  INTER-
 MEDIARY SERVICES TO CONSUMERS.
   § 4. This act shall take effect immediately.