S T A T E O F N E W Y O R K
________________________________________________________________________
7954
2025-2026 Regular Sessions
I N S E N A T E
May 14, 2025
___________
Introduced by Sen. RIVERA -- read twice and ordered printed, and when
printed to be committed 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
S. 7954 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.