|SAME AS||No Same As|
|COSPNSR||Titus, Lupardo, Barrett, Raia, Wright, McDonald, Steck, Simon, Dickens, Mayer, Jones, Wallace, Abinanti, Jaffee|
|Amd §§365-a & 364-j, Soc Serv L; amd §4403-f, Pub Health L|
|Directs the commissioner of health to evaluate existing needs assessment tools and develop additional professionally and statistically valid assessment tools to be used to assist in determining the amount, nature and manner of services and care needs of individuals receiving medical assistance and care.|
|03/15/2017||referred to health|
|01/03/2018||referred to health|
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NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A6706 SPONSOR: Gottfried
TITLE OF BILL: An act to amend the social services law and the public health law, in relation to needs assessment and rate adequacy for medi- caid   PURPOSE OR GENERAL IDEA OF BILL: To improve the patient needs assessment; and to better inform actuarial- ly sound Medicaid rates for long term care services and make sure fund- ing is provided through rate adjustments for high-need patients, so that home care workers are paid sufficiently to deliver care that is consist- ent with the patient's needs.   SUMMARY OF SPECIFIC PROVISIONS: The bill would provide for add-ons to assessment tools used to determine services under various Medicaid programs to include accounting for fami- ly, social or geographic determinants of health, primary or secondary diagnoses of cognitive impairment or mental illness, and other appropri- ate conditions or factors. The bill would establish high-need rate cells or risk adjustments to address the additional costs of nursing home placement, higher numbers of hours of home care, and the difficulty of delivering care such as rural distances between home care clients, or transportation challenges in urban settings. The bill would require that managed care plan contracts with service providers support the recruitment, hiring, training and retention of a qualified workforce capable of providing quality care, including compli- ance with all applicable federal and state laws and regulations, includ- ing, but not limited to, those relating to wages, labor, and actuarial soundness. The bill would require that service providers report to the department they how they apply the amounts paid by the plans for recruitment, hiring, training and retention of a qualified workforce capable of providing quality care and consistent with the improved patient needs assessment.   JUSTIFICATION: There is extensive documentation of the challenges faced by the home care workforce. Home care has become the predominant method of deliver- ing support service to the elderly and other persons in need of ongoing personal and health care. Without exception, stakeholders including patients, caregivers, service agencies, and managed care plans testify to a crisis resulting from inadequate rates of payment and non-transpar- ent flow-through of money from plans to agencies to workers, resulting in an inability to hire and retain a sufficient workforce. Consequently, persons who are in need of care are experiencing shortened hours of support and waitlists for any services at all -- sometimes resulting in avoidable institutionalization. This bill responds to the crisis by improving the needs assessment tool, adjusting the actuarial calculation to accommodate high needs patients - including accounting for challenges in service delivery -- and requiring transparent cost reporting.   PRIOR LEGISLATIVE HISTORY: New bill.   FISCAL IMPLICATIONS: None to the state.   EFFECTIVE DATE: Section one will take effect immediately, section two and three on April 1, 2018, and section 4 will only take effect as a prior-law reversion upon the expiration of current law.
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STATE OF NEW YORK ________________________________________________________________________ 6706 2017-2018 Regular Sessions IN ASSEMBLY March 15, 2017 ___________ Introduced by M. of A. GOTTFRIED, TITUS, LUPARDO, BARRETT, RAIA, WRIGHT, McDONALD, STECK, SIMON, DICKENS, MAYER, JONES, WALLACE, ABINANTI, JAFFEE -- read once and referred to the Committee on Health AN ACT to amend the social services law and the public health law, in relation to needs assessment and rate adequacy for medicaid The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 365-a of the social services law is amended by 2 adding a new subdivision 10 to read as follows: 3 10. For any determination of the amount, nature and manner of provid- 4 ing assistance under this article for which an assessment tool is used, 5 the department, in consultation with the independent actuary, represen- 6 tatives of medical assistance recipients, representatives of the managed 7 care programs, representatives of long term care providers and other 8 interested parties, shall evaluate existing assessment tools and develop 9 additional professionally and statistically valid assessment tools to be 10 used to assist in determining the amount, nature and manner of services 11 and care needs of individuals which shall involve consideration of vari- 12 ables including but not limited to physical and behavioral functioning; 13 activities of daily living and instrumental activities of daily living; 14 family, social or geographic determinants of health; primary or second- 15 ary diagnoses of cognitive impairment or mental illness; and other 16 appropriate conditions or factors. 17 § 2. Paragraphs (c) of subdivision 18 of section 364-j of the social 18 services law, as added by sections 40-c and 55 of part B of chapter 57 19 of the laws of 2015, are amended to read as follows: 20 (c) (i) In setting such reimbursement methodologies, the department 21 shall consider costs borne by the managed care program to ensure actuar- 22 ially sound and adequate rates of payment to ensure quality of care for 23 its enrollees and shall comply with all applicable federal and state 24 laws and regulations, including, but not limited to, those relating to 25 wages, labor, and actuarial soundness. 26 [ (c)] (ii) The department [ of health] shall require the independent 27 actuary selected pursuant to paragraph (b) of this subdivision to EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10399-02-7A. 6706 2 1 provide a complete actuarial memorandum, along with all actuarial 2 assumptions made and all other data, materials and methodologies used in 3 the development of rates, to managed care providers thirty days prior to 4 submission of such rates to the centers for medicare and medicaid 5 services for approval. Managed care providers may request additional 6 review of the actuarial soundness of the rate setting process and/or 7 methodology. 8 (iii) In fulfilling the requirements of this paragraph, the department 9 shall establish separate rate cells or risk adjustments to reflect the 10 costs of care for specific high-need enrollees in managed care provid- 11 ers. The commissioner shall make any necessary amendments to the state 12 plan for medical assistance under section three hundred sixty-three-a of 13 this title, and submit any applications for waivers of the federal 14 social security act, as may be necessary to ensure federal financial 15 participation. As used in this subparagraph and subparagraph (iv) of 16 this paragraph, "managed care provider" shall mean a managed care 17 provider operating on a full capitation basis or a managed long term 18 care plan operating under section forty-four hundred three-f of the 19 public health law; and "long term care entity" shall mean a nursing home 20 under article twenty-eight of the public health law, home care services 21 agency under article thirty-six of the public health law, a fiscal 22 intermediary in the consumer directed personal assistance program, other 23 long term care provider authorized under a home and community based 24 waiver administered by the department or the office for people with 25 developmental disabilities. The high-need rate cells or risk adjust- 26 ments established in accordance with this subparagraph shall be consist- 27 ent with subdivision ten of section three hundred sixty-five-a of this 28 title and include, but shall not be limited to: 29 (A) individuals who are either already residing in a skilled nursing 30 facility or are placed in a skilled nursing facility; 31 (B) individuals enrolled with a managed care provider, who remain in 32 the community and who daily receive live-in twenty-four hour personal 33 care or home health services or twelve hours or more of personal care, 34 home health services or home and community support services; 35 (C) such other individuals who, based on the assessment of their care 36 needs, their diagnosis or other factors, are determined to present espe- 37 cially high needs related to factors that would influence the delivery 38 (including but not limited to home location) or their use of services, 39 as may be identified by the department. 40 (iv) Any contract for services under this title by a managed care 41 provider with a long term care entity shall ensure that resources made 42 available by the payer under such contract will support the recruitment, 43 hiring, training and retention of a qualified workforce capable of 44 providing quality care, including compliance with all applicable federal 45 and state laws and regulations, including, but not limited to, those 46 relating to wages and labor. A managed care provider with a long term 47 care entity shall report its method of compliance with this subdivision 48 to the department as a component of cost reports required under section 49 forty-four hundred three-f of the public health law. 50 (v) A long term care entity that contracts with a managed care provid- 51 er shall annually submit written certification to the department as a 52 component of cost reports required under sections twenty-eight hundred 53 eight and thirty-six hundred twelve of the public health law and section 54 three hundred sixty-seven-q of this title, as applicable, as to how it 55 applied the amounts paid in compliance with this subdivision to support 56 the recruitment, hiring, training and retention of a qualified workforceA. 6706 3 1 capable of providing quality care and consistent with section three 2 hundred sixty-five-a of this title. 3 § 3. Subparagraph (ii) of paragraph (a) and paragraph (g) of subdivi- 4 sion 7 and subdivision 8 of section 4403-f of the public health law, 5 subparagraph (ii) of paragraph (a) of subdivision 7 as amended by 6 section 43 of part C of chapter 60 of the laws of 2014, paragraph (g) of 7 subdivision 7 as amended by section 41-b of part H of chapter 59 of the 8 laws of 2011, subparagraph (iii) of paragraph (g) of subdivision 7 as 9 amended by section 54 of part A of chapter 56 of the laws of 2013 and 10 subdivision 8 as amended by section 21 of part B of chapter 59 of the 11 laws of 2016, are amended to read as follows: 12 (ii) Notwithstanding any inconsistent provision of the social services 13 law to the contrary, the commissioner shall, pursuant to regulation, 14 determine whether and the extent to which the applicable provisions of 15 the social services law or regulations relating to approvals and author- 16 izations of, and utilization limitations on, health and long term care 17 services reimbursed pursuant to title XIX of the federal social security 18 act, including, but not limited to, fiscal assessment requirements, are 19 inconsistent with the flexibility necessary for the efficient adminis- 20 tration of managed long term care plans and such regulations shall 21 provide that such provisions shall not be applicable to enrollees or 22 managed long term care plans, provided that such determinations are 23 consistent with applicable federal law and regulation, and subject to 24 the provisions of [ subdivision] subdivisions eight and ten of section 25 three hundred sixty-five-a and paragraph (c) of subdivision eighteen of 26 section three hundred sixty-four-j of the social services law. 27 (g) (i) Managed long term care plans and demonstrations may enroll 28 eligible persons in the plan or demonstration upon the completion of a 29 comprehensive assessment [ that shall include, but not be limited to, an30 evaluation of the medical, social and environmental needs] of each 31 prospective enrollee in such program consistent with section three 32 hundred sixty-five-a of the social services law. This assessment shall 33 also serve as the basis for the development and provision of an appro- 34 priate plan of care for the enrollee. Upon approval of federal waivers 35 pursuant to paragraph (b) of this subdivision which require medical 36 assistance recipients who require community-based long term care 37 services to enroll in a plan, and upon approval of the commissioner, a 38 plan may enroll an applicant who is currently receiving home and commu- 39 nity-based services and complete the comprehensive assessment within 40 thirty days of enrollment provided that the plan continues to cover 41 transitional care until such time as the assessment is completed. 42 (ii) The assessment shall be completed by a representative of the 43 managed long term care plan or demonstration, in consultation with the 44 prospective enrollee's health care practitioner as necessary. The 45 commissioner shall prescribe the forms on which the assessment shall be 46 made. 47 (iii) The enrollment application shall be submitted by the managed 48 long term care plan or demonstration to the entity designated by the 49 department prior to the commencement of services under the managed long 50 term care plan or demonstration. Enrollments conducted by a plan or 51 demonstration shall be subject to review and audit by the department or 52 a contractor selected pursuant to paragraph (d) of this subdivision. 53 (iv) Continued enrollment in a managed long term care plan or demon- 54 stration paid for by government funds shall be based upon a comprehen- 55 sive assessment [ of the medical, social and environmental needs] of the 56 recipient of the services consistent with section three hundred sixty-A. 6706 4 1 five-a of this social services law. Such assessment shall be performed 2 at least every six months by the managed long term care plan serving the 3 enrollee. The commissioner shall prescribe the forms on which the 4 assessment will be made. 5 8. Payment rates for managed long term care plan enrollees eligible 6 for medical assistance. The commissioner shall establish payment rates 7 for services provided to enrollees eligible under title XIX of the 8 federal social security act. Such payment rates shall be subject to 9 approval by the director of the division of the budget and shall reflect 10 savings to both state and local governments when compared to costs which 11 would be incurred by such program if enrollees were to receive compara- 12 ble health and long term care services on a fee-for-service basis in the 13 geographic region in which such services are proposed to be provided. 14 Payment rates shall be risk-adjusted to take into account the character- 15 istics of enrollees, or proposed enrollees, including, but not limited 16 to: frailty, disability level, health and functional status, age, 17 gender, the nature of services provided to such enrollees, and other 18 factors as determined by the commissioner. The risk adjusted premiums 19 may also be combined with disincentives or requirements designed to 20 mitigate any incentives to obtain higher payment categories. In setting 21 such payment rates, the commissioner shall consider costs borne by the 22 managed care program to ensure actuarially sound and adequate rates of 23 payment to ensure quality of care and shall comply with all applicable 24 laws and regulations, state and federal, including [ regulations as to], 25 but not limited to, those relating to wages, labor and actuarial sound- 26 ness [ for medicaid managed care]. 27 § 4. Subparagraph (i) of paragraph (g) of subdivision 7 of section 28 4403-f of the public health law, as added by section 65-c of part A of 29 chapter 57 of the laws of 2006 and such paragraph as relettered by 30 section 20 of part C of chapter 58 of the laws of 2007, is amended to 31 read as follows: 32 (i) Managed long term care plans and demonstrations may enroll eligi- 33 ble persons in the plan or demonstration upon the completion of a 34 comprehensive assessment [ that shall include, but not be limited to, an35 evaluation of the medical, social and environmental needs] of each 36 prospective enrollee in such program consistent with section three 37 hundred sixty-five-a of the social services law. This assessment shall 38 also serve as the basis for the development and provision of an appro- 39 priate plan of care for the prospective enrollee. 40 § 5. This act shall take effect immediately; provided that sections 41 two and three of this act shall take effect April 1, 2018; and provided, 42 further that: 43 a. the amendments to section 364-j of the social services law made by 44 section two of this act shall not affect the repeal of such section and 45 shall be deemed repealed therewith; 46 b. the amendments to section 4403-f of the public health law made by 47 section three of this act shall not affect the repeal of such section 48 and shall be deemed repealed therewith; and 49 c. the amendments to subparagraph (i) of paragraph (g) of subdivision 50 7 of section 4403-f of the public health law made by section three of 51 this act shall not affect the expiration and reversion of such subpara- 52 graph, pursuant to subdivision (i) of section 111 of part H of chapter 53 59 of the laws of 2011, as amended, when upon such date the provisions 54 of section four of this act shall take effect.