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A07304 Summary:

BILL NOA07304
 
SAME ASSAME AS S06640
 
SPONSORGottfried
 
COSPNSRSimon, Barron
 
MLTSPNSR
 
Rpld §3605-c, Pub Health L
 
Repeals provisions requiring authorization for a licensed home care services agency to enroll as a provider under the medical assistance program.
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A07304 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A7304
 
SPONSOR: Gottfried
  TITLE OF BILL: An act to repeal section 3605-c of the public health law requiring authorization for a licensed home care services agency to enroll as a provider under the medical assistance program   PURPOSE OR GENERAL IDEA OF BILL: To restore the right of a qualified licensed home care service agency (LHCSA) to serve Medicaid enrollees. To repeal the 2020 law that allows the Dept. of Health to arbitrary limit the number of LHCSAs that may participate in Medicaid.   SUMMARY OF SPECIFIC PROVISIONS: Repeals Public Health Law § 3605-c , enacted in 2020, that requires a LHCSA to apply for a special DOH contract in order to serve Medicaid patients. The law gives DOH power to arbitrarily limit the number of LHCSAs in the program and the services they may provide. The section is in addition to the well-established requirements for quality and provid- er integrity that apply to all Medicaid providers. Repealing § 3605-c will keep all those provisions intact.   JUSTIFICATION: The 2020 enactment of Section 3605-c to require LHCSA to compete for an arbitrarily limited number of contracts with DOH in order continue oper- ation in the Medicaid program, was an erroneous overreach. This is a misguided and underhanded attempt to choke off the availability - and use - of home care under Medicaid. LHCSA's do not bill Medicaid directly. They have, since 1995, been required to contract with a social services district, a waivered home health care program, or a managed care plan. Federal Medicaid rules and states laws set criteria for quality, character, and competence. LHCSA's hire, train and employ home care workers while complying with layers of public health and social services law, labor law, and Medicaid rules. They negotiate network agreements with multiple managed long term care plans (MLTCs), which since 2018 are limited as to the number of LCHSAs they can contract with. Pre-qualification of quality and value are deliberately built into the system. The vast majority of LHCSAs today are participating with value-based contracts and so providing additional measures of patients' quality of care. Finally, they submit annual cost reports and statistical reports to DOH and are subject to audits by the Medicaid Inspector General. LHCSAs are the providers who deliver personal care and home health aids to the homes of people who are elderly or disabled, and who would other- wise go without care, need a family member to give up life and career to provide care, or go into a nursing home. The pandemic has highlighted the error of health care austerity typified by § 3605-c. This arbitrary and extraneous contract limitation is bad health policy and morally objectionable; it should be stricken from the books.   PRIOR LEGISLATIVE HISTORY: New bill   FISCAL IMPLICATIONS: None   EFFECTIVE DATE: Immediately
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A07304 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7304
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                       May 5, 2021
                                       ___________
 
        Introduced  by  M.  of  A.  GOTTFRIED  --  read once and referred to the
          Committee on Health
 
        AN ACT to repeal section 3605-c  of  the  public  health  law  requiring
          authorization  for a licensed home care services agency to enroll as a
          provider under the medical assistance program

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1. Section 3605-c of the public health law is REPEALED.
     2    § 2. This act shall take effect immediately.
 
 
 
 
 
 
 
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10960-01-1
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