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A03777 Summary:

BILL NOA03777
 
SAME ASNo Same As
 
SPONSOROrtiz
 
COSPNSRSantabarbara
 
MLTSPNSR
 
Add 13.45, Ment Hyg L
 
Relates to the provision of care and services to persons with developmental or physical disabilities; directs the commissioner of the office for people with developmental disabilities to conduct a demonstration program to identify ways to more efficiently provide such care.
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A03777 Actions:

BILL NOA03777
 
01/31/2019referred to health
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A03777 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A3777
 
SPONSOR: Ortiz
  TITLE OF BILL: An act to amend the mental hygiene law, in relation to the provision of care and services to persons with developmental or physical disabilities and to directing the commissioner of the office for people with developmental disabilities to conduct a demonstration program to identify ways to more efficiently provide such care   PURPOSE OR GENERAL IDEA OF BILL: This bill allows persons with developmental disabilities to obtain care and services from any qualified provider that obtains the requisite certification and approval, and to identify ways to more effectively, efficiently and economically provide such care and services.   SUMMARY OF SPECIFIC PROVISIONS: This bill amends the mental hygiene law by adding a new section 13.40 to authorize any qualified provider, not-for-profit or for-profit, to provide care and services to persons with developmental disabilities, and to receive Medicaid reimbursement for such care and services, if such provider applies for and obtains the requisite certification and approval from the Office for People with Developmental Disabilities (OPWDD). It also establishes a demonstration program whereby OPWDD would work with one or more qualified for-profit providers of care and services to persons with developmental disabilities to identify ways to more effectively, efficiently and economically provide such care and services. OPWDD shall select a provider or providers with demonstrated experience and expertise in: (1) providing such care and services; and (2) partnering with states to improve the delivery of such care and services.   JUSTIFICATION: New York and Mississippi are the only two states that categorically prohibit for-profit providers from serving and caring for persons with developmental disabilities. Forty-eight states and the Federal govern- ment freely permit any qualified provider to serve and care for persons with developmental disabilities. In addition, here in New York, a wide range of for-profit entities are freely permitted to serve other vulner- able populations under Medicaid, including for-profit nursing homes that provide 24-hour residential care and services to our frailest, most infirm senior citizens. Persons with developmental disabilities in New York deserve the best possible care and services and should be able to access such care and services from any qualified provider that obtains the requisite certif- ication and approval from OPWDD. In 2012, New York is also beginning a historic shift to managed care for persons with developmental disabilities under the "People First" waiver program. As New York embarks on this historic change, it would be bene- ficial for OPWDD to work with one or more qualified for-profit providers with demonstrated experience and expertise in partnering with other states to identify ways to more effectively, efficiently and econom- ically provide care and services to persons with developmental disabili- ties.   LEGISLATIVE HISTORY: 2011/12: A10649 Referred to Health 2013/14: A6037 Referred to Health 2015/16: A8447 Referred to Health 2017/18: A4184 Referred to Health   FISCAL IMPLICATIONS: None   EFFECTIVE DATE: Immediately.
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A03777 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          3777
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 31, 2019
                                       ___________
 
        Introduced  by M. of A. ORTIZ, SANTABARBARA -- read once and referred to
          the Committee on Health
 
        AN ACT to amend the mental hygiene law, in relation to the provision  of
          care  and services to persons with developmental or physical disabili-
          ties and to directing the commissioner of the office for  people  with
          developmental disabilities to conduct a demonstration program to iden-
          tify ways to more efficiently provide such care
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. The mental hygiene law is amended by adding a  new  section
     2  13.45 to read as follows:
     3  § 13.45 Medicaid reimbursement; demonstration program.
     4    (a)  Notwithstanding  any  other provision of law or regulation to the
     5  contrary, any qualified provider shall be authorized to provide care and
     6  services, and to  receive  Medicaid  reimbursement  for  such  care  and
     7  services,  to  persons  with  developmental  or  physical  disabilities,
     8  including:
     9    (1) persons with developmental or physical  disabilities  who  receive
    10  home  and  community-based  services  or  care-at-home  services through
    11  existing waivers under section 1915(c) of the  federal  social  security
    12  act or who have characteristics and needs similar to such persons; and
    13    (2) persons receiving services provided by an intermediate care facil-
    14  ity  for  the  developmentally  disabled or who have characteristics and
    15  needs similar to such persons; provided such qualified provider  applies
    16  for  and  obtains  the  requisite  certification  and  approval from the
    17  commissioner to provide such care and services.
    18    (b) The commissioner shall conduct a demonstration program with one or
    19  more qualified for-profit providers that provide care  and  services  to
    20  persons with developmental or physical disabilities in order to identify
    21  ways to more effectively, efficiently and economically provide such care
    22  and  services  to  persons  with developmental or physical disabilities;
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07659-01-9

        A. 3777                             2
 
     1  provided such qualified provider applies for and obtains  the  requisite
     2  certification  and  approval  from the commissioner to provide such care
     3  and services. The commissioner shall select a provider or providers with
     4  demonstrated experience and expertise in:
     5    (1) providing such care and services; and
     6    (2)  partnering  with  states to improve the delivery of such care and
     7  services.
     8    The commissioner may, in the commissioner's discretion,  conduct  such
     9  demonstration  program  as part of a pilot program in accordance with an
    10  application made under section 1115  or  section  1915  of  the  federal
    11  social  security  act.  The  commissioner  shall  annually report to the
    12  governor and legislature on the operation of the  demonstration  program
    13  and  its  effectiveness  in  identifying ways to more effectively, effi-
    14  ciently and economically provide  care  and  services  to  persons  with
    15  developmental or physical disabilities.
    16    § 2. This act shall take effect immediately.
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