|SAME AS||SAME AS S08361|
|COSPNSR||Simon, Perry, Ortiz, Jacobson, Fernandez, Weprin, Blake, Seawright, Otis, Dinowitz, Carroll, Cymbrowitz, Hevesi, Sayegh, Lupardo, Richardson, Galef, Bronson|
|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.|
|05/18/2020||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: 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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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. LBD16400-01-0A. 10451 2 1 § 2. This act shall take effect immediately.