S T A T E O F N E W Y O R K
________________________________________________________________________
9875
I N S E N A T E
April 9, 2026
___________
Introduced by Sen. WEBB -- read twice and ordered printed, and when
printed to be committed to the Committee on Health
AN ACT to amend the social services law and the public health law, in
relation to permitting individuals receiving hospice services to
enroll in managed long term care plans and ensuring coordinated
service delivery
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subparagraph (xix) of paragraph (e) of subdivision 3 of
section 364-j of the social services law, as amended by section 38 of
part A of chapter 56 of the laws of 2013, is amended to read as follows:
(xix) individuals receiving hospice services at time of enrollment;
provided, however, that this clause shall not be construed to require an
individual enrolled in a managed long term care plan or another care
coordination model, who subsequently elects hospice, to disenroll from
such program, AND AN INDIVIDUAL WHO ELECTS THE HOSPICE BENEFIT UNDER THE
MEDICARE OR MEDICAID PROGRAM SHALL NOT, SOLELY BY REASON OF SUCH
ELECTION, BE DEEMED INELIGIBLE FOR ENROLLMENT IN A MANAGED LONG TERM
CARE PLAN, AND THE COMMISSIONER SHALL ISSUE GUIDANCE TO MANAGED LONG
TERM CARE PLANS, LOCAL SOCIAL SERVICES DISTRICTS, AND HOSPICE PROGRAMS
REGARDING ENROLLMENT PROCEDURES, CONTINUITY OF CARE, AND COORDINATION
EXPECTATIONS FOR SUCH INDIVIDUALS;
§ 2. Clause 8 of subparagraph v of paragraph (b) of subdivision 7 of
section 4403-f of the public health law, as amended by section 48 of
part A of chapter 56 of the laws of 2013, is amended to read as follows:
(8) a person receiving hospice services at time of enrollment;
provided, however, that this clause shall not be construed to require an
individual enrolled in a managed long term care plan or another care
coordination model, who subsequently elects hospice, to disenroll from
such program, AND AN INDIVIDUAL WHO ELECTS THE HOSPICE BENEFIT UNDER THE
MEDICARE OR MEDICAID PROGRAM SHALL NOT, SOLELY BY REASON OF SUCH
ELECTION, BE DEEMED INELIGIBLE FOR ENROLLMENT IN A MANAGED LONG TERM
CARE PLAN, AND THE COMMISSIONER SHALL ISSUE GUIDANCE TO MANAGED LONG
TERM CARE PLANS, LOCAL SOCIAL SERVICES DISTRICTS, AND HOSPICE PROGRAMS
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14723-01-6
S. 9875 2
REGARDING ENROLLMENT PROCEDURES, CONTINUITY OF CARE, AND COORDINATION
EXPECTATIONS FOR SUCH INDIVIDUALS;
§ 3. Section 4403-f of the public health law is amended by adding a
new subdivision 12-a to read as follows:
12-A. (A) THE DEPARTMENT SHALL ESTABLISH STANDARDS TO PROMOTE COORDI-
NATION OF CARE FOR INDIVIDUALS ENROLLED IN MANAGED LONG TERM CARE PLANS
WHO ARE ALSO RECEIVING HOSPICE SERVICES.
(B) SUCH STANDARDS MAY INCLUDE, BUT NEED NOT BE LIMITED TO:
(I) SHARED OR COORDINATED CARE PLANNING;
(II) INTERDISCIPLINARY COMMUNICATION PROTOCOLS;
(III) CLARIFICATION OF RESPONSIBILITIES FOR PERSONAL CARE, TRANSPORTA-
TION, AND OTHER COMMUNITY-BASED SERVICES; AND
(IV) PROCEDURES TO MINIMIZE DELAYS OR DISRUPTIONS IN SERVICE DELIVERY.
(C) MANAGED LONG TERM CARE PLANS AND HOSPICE PROGRAMS SHALL EXCHANGE
INFORMATION NECESSARY TO ENSURE CONTINUITY OF CARE, CONSISTENT WITH
APPLICABLE STATE AND FEDERAL PRIVACY LAWS.
(D) THE DEPARTMENT MAY PROMULGATE REGULATIONS AND ISSUE GUIDANCE
NECESSARY TO IMPLEMENT THIS SUBDIVISION.
§ 4. To the extent necessary to implement the provisions of this act,
the department of health shall seek any federal approvals required under
the Medicaid program.
§ 5. This act shall take effect on the one hundredth day after it
shall have become a law; provided, however, that the amendments to
subdivision 3 of section 364-j of the social services law made by
section one of this act shall not affect the repeal of such section and
shall be deemed repealed therewith; provided, further, that the amend-
ments to section 4403-f of the public health law made by sections two
and three of this act shall not affect the repeal of such section and
shall be deemed repealed therewith. Effective immediately, the addition,
amendment and/or repeal of any rule or regulation necessary for the
implementation of this act on its effective date are authorized to be
made and completed on or before such effective date.