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A10451 Summary:

BILL NOA10451
 
SAME ASSAME AS S08361
 
SPONSORRules (Gottfried)
 
COSPNSRSimon, Perry, Ortiz, Jacobson, Fernandez, Weprin, Blake, Seawright, Otis, Dinowitz, Carroll, Cymbrowitz, Hevesi, Sayegh, Lupardo, Richardson, Galef, Bronson
 
MLTSPNSR
 
Add 3614-f, Pub Health L
 
Provides for insurance reimbursement for expenses related to the provision of personal protective equipment (PPE) for direct care workers, care recipients and an emergency inventory of a ninety-day supply of PPE.
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A10451 Actions:

BILL NOA10451
 
05/18/2020referred to health
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A10451 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A10451
 
SPONSOR: Rules (Gottfried)
  TITLE OF BILL: An act to amend the public health law, in relation to payments for personal protective equipment for home and community based long term care services   PURPOSE OR GENERAL IDEA OF BILL: Allows for funding paid by the state to Managed Long Term Care Plans (MLTCS) to support PPE acquisition for home care workers and personal assistants to protect them from COVID-19 and the infection of their patients.   SUMMARY OF SPECIFIC PROVISIONS: Section 1 adds a new section 3614-f to provide for funding by MLTCS to provide for the payment to home care agencies and fiscal intermediaries for the purchase of PPE for home health care workers. Section 2 establishes the effective date.   JUSTIFICATION: Home care workers keep the most vulnerable patients in their homes, protecting them and the public from the spread of CON/D-19. In addition, as a result of recent Executive Orders hospitals may not discharge COVID-19 positive individuals to nursing homes but may discharge them to home health care. The need for PPE for the protection of home care work- ers, personal assistants, and home care patients is paramount. Home care agencies have struggled to find and afford PPE with delays by suppliers, outbidding of orders or government agencies commandeering shipments. The increased costs have far exceeded reimbursement rates paid by Managed Long Term Care plans to home care agencies. Since the beginning of the pandemic in New York, a percentage of home care clients have chosen to refuse service, due to increased concerns about exposure to COVID-19. As a result, Managed Long Term Care Plans (MLTCs) paid by the state on a per member per month premium have gener- ated $52 million per month in revenue surpluses that are available for the purchase of PPE. This legislation makes clear that plans (MLTCs) as well as home care agencies have an obligation to assist in the provision of PPE by home care agencies to protect home care workers and the vulnerable elderly and disabled they care for. This legislation requires that funding be passed through to providers of home care and personal assistant services. This funding assistance can be supported in the short term by a redistribution of the underspending by MLTCs to fund increased and ongoing PPE needs as a result of the pandemic.   LEGISLATIVE HISTORY: New bill   FISCAL IMPLICATIONS: None   EFFECTIVE DATE: The legislation takes effect immediately.
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A10451 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          10451
 
                   IN ASSEMBLY
 
                                      May 18, 2020
                                       ___________
 
        Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Gottfried)
          -- read once and referred to the Committee on Health
 
        AN ACT to amend the public health  law,  in  relation  to  payments  for
          personal  protective  equipment 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 personal  protective  equipment  for  home  and
     4  community based long term care services. The payment of claims submitted
     5  under contracts or agreements with insurers under the medical assistance
     6  program  for  home  and community based long term care services provided
     7  under this article or by fiscal  intermediaries  operating  pursuant  to
     8  section  three  hundred  sixty-five-f  of  the social services law shall
     9  include reimbursement for expenses related to the provision of  personal
    10  protective  equipment (PPE) for direct care workers, care recipients and
    11  an emergency inventory of a ninety-day supply of PPE. Such reimbursement
    12  shall be clearly identified as an addition to base rates of payments and
    13  in an amount that supplements any current contracts  or  agreements  and
    14  shall  not  use  such  funds  to supplant payments for existing services
    15  under the Medicaid program. Determination of a standardized  amount  for
    16  PPE  will be adjusted annually and will take into consideration clinical
    17  best practices for PPE use  and  current  and  projected  public  health
    18  considerations  that could result in increased need for PPE supplies. In
    19  the event of a declaration of a state  of  emergency,  rate  adjustments
    20  shall  be  reviewed and implemented within thirty days to accommodate an
    21  immediate need for increased supplies of PPE. Provided that  no  portion
    22  of  the  dollars  spent  or  to be spent to satisfy the need for PPE for
    23  workers under this section shall be retained or used for another  manner
    24  by the home and community based long term care provider or fiscal inter-
    25  mediary  in receipt of the funding and further that insurers and provid-
    26  ers shall report compliance with this section to  the  department  as  a
    27  component of standardized cost reports required by the department.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD16400-01-0

        A. 10451                            2

     1    § 2. This act shall take effect immediately.
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