A02788 Summary:

BILL NOA02788A
 
SAME ASSAME AS S04972-A
 
SPONSORGottfried
 
COSPNSRJaffee
 
MLTSPNSR
 
Add 3614-f, Pub Health L
 
Relates to payments for home and community based long term care services; provides that funds appropriated to compensate for minimum wage requirements, shall not be subject to managed care risk adjustment on insurers.
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A02788 Actions:

BILL NOA02788A
 
01/25/2019referred to health
01/08/2020referred to health
01/15/2020amend and recommit to health
01/15/2020print number 2788a
01/28/2020reported referred to ways and means
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A02788 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A2788A
 
SPONSOR: Gottfried
  TITLE OF BILL: An act to amend the public health law, in relation to payments for home and community based long term care services   PURPOSE OR GENERAL IDEA OF BILL: Use contractual mechanisms to assure that Medicaid managed care plans pass through in whole the money provided by the state to finance the incremental advancements in minimum wage.   SUMMARY OF SPECIFIC PROVISIONS: The bill would add a new section 3614-f to the Public Health Law to require Medicaid managed care plans to amend contracts with home care providers(including consumer-directed personal assistance) 90 days prior to the effective date of minimum wage mandates, and prohibit the use of such funds to offset other debts owed to providers.   JUSTIFICATION: The 2018-19 enacted budget included $703 million to support the direct- care cost of minimum wage increases for Medicaid funded home care services. The state adds the minimum wage payments onto the capitated rates paid to managed care plans that are expected to pass the payment on to the home care providers with whom they contract. The direct care workers are employed by home care providers under contract with the managed care plans, and so the statutory wage obli- gation rests with the home care providers - irrespective of a plan's diligence in distributing the funds as instructed by the Department of Health. Providers complain of being abused by plans who claim their payments are sufficient at current levels and should not have to increase. Ensuring that all the funds appropriated by the State to support the direct care cost of minimum wage are distributed in a timely manner and in their entirety allows-home care workers to receive their deserved increase in wages, while also protecting the viability of the home care industry.   PRIOR LEGISLATIVE HISTORY: 2017-2018: A.11200 -.referred to Health committee   FISCAL IMPLICATIONS: None to the state.   EFFECTIVE DATE: Immediately.
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A02788 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         2788--A
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 25, 2019
                                       ___________
 
        Introduced  by  M.  of A. GOTTFRIED, JAFFEE -- read once and referred to
          the Committee on Health -- recommitted to the Committee on  Health  in
          accordance  with Assembly Rule 3, sec. 2 -- committee discharged, bill
          amended, ordered reprinted as amended and recommitted to said  commit-
          tee

        AN  ACT to amend the public health law, in relation to payments for home
          and community based long term care services
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  The  public health law is amended by adding a new section
     2  3614-f to read as follows:
     3    § 3614-f. Payments  for  home  and  community  based  long  term  care
     4  services.  Contracts  or  agreements  with  insurers  under  the medical
     5  assistance program for home and community based long term care  services
     6  provided under this article or by fiscal intermediaries operating pursu-
     7  ant  to  section  three  hundred sixty-five-f of the social services law
     8  shall provide terms and conditions for the pass-through of funds  appro-
     9  priated  to  compensate for minimum wage pursuant to section six hundred
    10  fifty-two of the labor law.  If necessary in order to comply  with  this
    11  section, existing contracts with home and community based long term care
    12  services providers under this article and to fiscal intermediaries oper-
    13  ating  pursuant  to  section  three  hundred  sixty-five-f of the social
    14  services law shall be amended at least ninety days prior to  the  effec-
    15  tive  date of any such law or regulation impacting wages. Insurers shall
    16  not use such funds to supplant payments for existing services under  the
    17  Medicaid  program.  Such  insurers  shall  include but not be limited to
    18  Medicaid managed care plans and Medicaid managed long term care plans.
    19    § 2. This act shall take effect immediately and shall apply  to  poli-
    20  cies  and  contracts issued, renewed, modified, altered or amended on or
    21  after such date.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03873-02-0
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