Ensures that there are at least two fiscal intermediaries headquartered in each county with a population of two hundred thousand or more; provides additional awards to entities providing fiscal intermediary services if they meet certain criteria in order to ensure regional choice and experience serving individuals with developmental disabilities and racial and ethnic minorities.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A6768
SPONSOR: Hyndman TITLE OF BILL:
An act to amend the social services law, in relation to fiscal interme-
diary services
PURPOSE OR GENERAL IDEA OF BILL:
This legislation will require the Department of Health to reoffer
contracts for lead fiscal intermediary services to ensure geographic
diversity and expertise serving the developmental disabilities popu-
lation, new American population, and minority populations.
SUMMARY OF PROVISIONS:
Section 1. Amends Section 365-f (4-a) to require the reoffering of
contracts to ensure all requirements are met. Requires two fiscal inter-
mediaries headquartered in each county with a population of two hundred
thousand or more.
Section 2. Amends Section 365-f and creates (4-e) and (4-f)
(4-e) requires at least five contractors selected to have experience
serving individuals with disabilities, defined as non-profits with expe-
rience as a fiscal intermediary before 2012 and approved and certified
by OPWDD.
(4-f) requires at least five contractors selected to have experience
serving individuals with disabilities, defined as non-profits with expe-
rience as a fiscal intermediary before 2012 and primarily serving racial
and ethnic minorities or individuals who are New Americans.
Section 3. Effective Date
JUSTIFICATION:
Consumer Directed Personal Assistance Program (CDPAP) is a wildly
successful program that allows individuals to stay in their community
while receiving personal care services or skilled nursing services. In
order to receive services, a person must apply through a fiscal interme-
diary. Recognizing the ballooning cost of this program and the more than
700 fiscal intermediaries across the state, the Department of Health
released a request for offer to determine lead fiscal intermediaries and
the awardees were notified in February.
Of the over 250 applicants, only 68 awardees were selected. Several
counties with significant populations did not have any local providers
selected for their area - and will instead be relying on large, state-
wide organizations to provide services. In addition, the awardees did
not include any lead fiscal intermediaries who specialize in providing
services to individuals with intellectual or developmental disabilities.
Historically marginalized communities like individuals with disabili-
ties, racial minorities, and New Americans are at risk of being left
behind in this switch of lead fiscal intermediaries. It is extremely
disruptive to ask the thousands of individuals to find, work with, and
feel comfortable with a new fiscal intermediary who's primary base of
operations is across the state or does not specialize in the type of
services an individual needs.
Expanding the number of lead fiscal intermediaries will encourage indi-
viduals who want to stay in their community and with their families to
do so. However, more individuals will turn to costly full time residen-
tial services if they are not given the option or tools necessary to
work with the local, specialized providers they know and trust. This
legislation takes a balanced approach to ensure regional diversity
across the State by requiring at least two local providers per county
with a population of over 200,000 and ensure there are 5 providers each
with a history of working with minority communities and individuals with
developmental or intellectual disabilities.
LEGISLATIVE HISTORY:
New Bill
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
To be determined.
EFFECTIVE DATE:
Immediately and shall be deemed in full force and effect on January 1,
2021.
