S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1222--A
     Cal. No. 1213
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                              January 8, 2025
                                ___________
 
 Introduced  by  Sens.  RIVERA,  ASHBY,  BROUK,  COONEY, FAHY, FERNANDEZ,
   GALLIVAN, GONZALEZ, HELMING, MYRIE, ROLISON,  SALAZAR,  WEBB  --  read
   twice  and  ordered  printed,  and when printed to be committed to the
   Committee on Disabilities -- reported favorably  from  said  committee
   and  committed  to the Committee on Finance -- reported favorably from
   said committee, ordered to first and second report, ordered to a third
   reading, amended and ordered reprinted, retaining  its  place  in  the
   order of third reading
 
 AN  ACT  to  amend  the  public  health law, in relation to a review and
   recommendations of reimbursement adequacy and other  matters  relating
   to early intervention
 
   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
 2557-a to read as follows:
   § 2557-A. EARLY INTERVENTION PROGRAM REVIEW. 1. THE COMMISSIONER SHALL
 CONTRACT WITH AN INDEPENDENT ENTITY TO PROVIDE A COMPREHENSIVE STUDY AND
 REVIEW OF THE EARLY INTERVENTION PROGRAM INCLUDING THE MODELS OF SERVICE
 DELIVERY,  MODALITIES  OF  SERVICE  DELIVERY  SUCH AS IN-PERSON OR TELE-
 HEALTH, AND THE RATES OF REIMBURSEMENT FOR EACH SUCH SERVICE  AND  MODEL
 MADE  THROUGH  THE EARLY INTERVENTION PROGRAM FOR EFFICACY, ADEQUACY AND
 EFFECTIVENESS OF SERVICE DELIVERY AND THE FULL IMPLEMENTATION  OF  INDI-
 VIDUALIZED FAMILY SERVICE PLANS. THE REVIEW SHALL INCLUDE:
   (A)  A  COMPREHENSIVE  ASSESSMENT  OF THE EXISTING METHODOLOGY USED TO
 DETERMINE  PAYMENT  FOR  EARLY  INTERVENTION  SCREENINGS,   EVALUATIONS,
 SERVICES AND SERVICE COORDINATION, INCLUDING BUT NOT LIMITED TO:
   (I) ANALYSIS OF THE STATE'S EARLY INTERVENTION RULES, REGULATIONS, AND
 POLICIES,  INCLUDING  PROGRAM  POLICIES  AND PROCESSES, INCLUDING FAMILY
 GRIEVANCE PROCEDURES AND REVENUE SOURCES, AND HOW SUCH COMPARE TO  OTHER
 STATES;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00007-03-5
              

 S. 1222--A                          2
 
   (II)  ANALYSIS OF COSTS TO PROVIDERS PARTICIPATING IN THE EARLY INTER-
 VENTION PROGRAM, INCLUDING TIME AND COST OF TRAVEL,  SERVICE  PROVISION,
 AND ADMINISTRATIVE ACTIVITIES; AND
   (III)  ANALYSIS  BY  DISCIPLINE  AND LABOR REGION OF SALARY LEVELS FOR
 INDIVIDUALS PROVIDING EARLY INTERVENTION SERVICES COMPARED TO THE SALARY
 LEVELS FOR INDIVIDUALS IN THE SAME DISCIPLINES AND LABOR REGIONS PROVID-
 ING SERVICES OTHER THAN IN THE EARLY INTERVENTION PROGRAM;
   (B) RECOMMENDATIONS FOR IMPROVING THE QUALITY AND  EFFICIENCY  OF  THE
 PROGRAM  AND MAINTAINING OR CHANGING REIMBURSEMENT METHODOLOGIES. RECOM-
 MENDATIONS UNDER THIS PARAGRAPH SHALL BE CONSISTENT WITH FEDERAL LAW AND
 SHALL INCLUDE RECOMMENDATIONS FOR APPROPRIATE CHANGES IN STATE  LAW  AND
 REGULATIONS.  THE  RECOMMENDATIONS  SHALL  CONSIDER  APPROPRIATE PAYMENT
 METHODOLOGIES AND RATES FOR IN-PERSON AND TELEHEALTH EARLY  INTERVENTION
 EVALUATIONS  AND  SERVICES,  INCLUDING  ENHANCED  RATES OR MODIFIERS, TO
 ADDRESS BARRIERS IN TIMELY SERVICE  PROVISION  AS  WELL  AS  RACIAL  AND
 SOCIOECONOMIC  DISPARITIES  IN  ACCESS,  WITH  CONSIDERATION  OF FACTORS
 INCLUDING, BUT NOT LIMITED TO, PAYMENT FOR  BILINGUAL  SERVICES,  TRAVEL
 TIME,  GEOGRAPHIC VARIABILITY, ACCESS TO AND COST OF TECHNOLOGY, COST OF
 LIVING, HISTORICALLY UNDERSERVED AREAS  AND  OTHER  BARRIERS  TO  TIMELY
 SERVICE PROVISION;
   (C)  THE PROJECTED NUMBER OF CHILDREN WHO WILL NEED EARLY INTERVENTION
 SERVICES IN THE NEXT FIVE YEARS DISAGGREGATED BY COUNTY;
   (D) THE WORKFORCE NEEDED TO PROVIDE SERVICES IN THE NEXT FIVE YEARS TO
 ALL CHILDREN ELIGIBLE FOR EARLY INTERVENTION SERVICES, DISAGGREGATED  BY
 COUNTY; AND
   (E)  OPPORTUNITIES FOR STAKEHOLDER INPUT, INCLUDING BUT NOT LIMITED TO
 PARENTS, CAREGIVERS, PROVIDERS AND MUNICIPALITIES ON CURRENT RATE  METH-
 ODOLOGIES AND STUDY DESIGN.
   2.   SUCH REVIEW SHALL ALSO INCLUDE AN ASSESSMENT OF THE ACCESSIBILITY
 OF THE PROGRAM AND EFFICACY OF PROGRAM MODELS FOR THE PROVISION OF EARLY
 INTERVENTION SERVICES, INCLUDING, BUT NOT  LIMITED  TO  GROUP  SERVICES,
 INDIVIDUAL SERVICES, FACILITY BASED SERVICES AND HOME-BASED SERVICES AND
 THE  CONFIGURATIONS  OF SUCH SERVICE MODELS. SUCH REVIEW SHALL INCLUDE A
 COMPREHENSIVE ASSESSMENT OF THE UTILIZATION OF EACH MODEL AND CONFIGURA-
 TION, INCLUDING BARRIERS TO FULLER UTILIZATIONS, AND UTILIZATION  DISAG-
 GREGATED BY CLINICAL SERVICE.
   3.    WITHIN  TWO  YEARS AFTER THE EFFECTIVE DATE OF THIS SECTION, THE
 COMMISSIONER SHALL SUBMIT A REPORT OF THE FINDINGS  AND  RECOMMENDATIONS
 UNDER  THIS  SECTION  TO  THE  GOVERNOR,  THE TEMPORARY PRESIDENT OF THE
 SENATE, THE SPEAKER OF THE ASSEMBLY, AND THE CHAIRS OF  THE  SENATE  AND
 ASSEMBLY  COMMITTEES ON HEALTH, AND SHALL POST THE REPORT ON THE DEPART-
 MENT'S WEBSITE.
   § 2. This act shall take effect immediately; provided,  however,  that
 the  department  of  health shall issue a request for proposals no later
 than one hundred eighty days after this act shall have become a law.